[House Prints, 116th Congress]
[From the U.S. Government Publishing Office]
116th Congress }
HOUSE OF REPRESENTATIVES
2d Session }
_______________________________________________________________________
CONSOLIDATED APPROPRIATIONS ACT, 2020
----------
COMMITTEE PRINT
of the
COMMITTEE ON APPROPRIATIONS
U.S. HOUSE OF REPRESENTATIVES
on
H.R. 1158 / Public Law 116-93
[Legislative Text and Explanatory Statement]
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
January 2020
U.S. GOVERNMENT PUBLISHING OFFICE
38-678 WASHINGTON : 2020
COMMITTEE ON APPROPRIATIONS
----------
NITA M. LOWEY, New York, Chairwoman
MARCY KAPTUR, Ohio
PETER J. VISCLOSKY, Indiana
JOSE E. SERRANO, New York
ROSA L. DeLAURO, Connecticut
DAVID E. PRICE, North Carolina
LUCILLE ROYBAL-ALLARD, California
SANFORD D. BISHOP, Jr., Georgia
BARBARA LEE, California
BETTY McCOLLUM, Minnesota
TIM RYAN, Ohio
C. A. DUTCH RUPPERSBERGER, Maryland
DEBBIE WASSERMAN SCHULTZ, Florida
HENRY CUELLAR, Texas
CHELLIE PINGREE, Maine
MIKE QUIGLEY, Illinois
DEREK KILMER, Washington
MATT CARTWRIGHT, Pennsylvania
GRACE MENG, New York
MARK POCAN, Wisconsin
KATHERINE M. CLARK, Massachusetts
PETE AGUILAR, California
LOIS FRANKEL, Florida
CHERI BUSTOS, Illinois
BONNIE WATSON COLEMAN, New Jersey
BRENDA L. LAWRENCE, Michigan
NORMA J. TORRES, California
CHARLIE CRIST, Florida
ANN KIRKPATRICK, Arizona
ED CASE, Hawaii
KAY GRANGER, Texas
HAROLD ROGERS, Kentucky
ROBERT B. ADERHOLT, Alabama
MICHAEL K. SIMPSON, Idaho
JOHN R. CARTER, Texas
KEN CALVERT, California
TOM COLE, Oklahoma
MARIO DIAZ-BALART, Florida
TOM GRAVES, Georgia
STEVE WOMACK, Arkansas
JEFF FORTENBERRY, Nebraska
CHUCK FLEISCHMANN, Tennessee
JAIME HERRERA BEUTLER, Washington
DAVID P. JOYCE, Ohio
ANDY HARRIS, Maryland
MARTHA ROBY, Alabama
MARK E. AMODEI, Nevada
CHRIS STEWART, Utah
STEVEN M. PALAZZO, Mississippi
DAN NEWHOUSE, Washington
JOHN R. MOOLENAAR, Michigan
JOHN H. RUTHERFORD, Florida
WILL HURD, Texas
Shalanda Young, Clerk and Staff Director
(ii)
C O N T E N T S
__________
Page
Provisions Applying to All Divisions of the Consolidated Act..... 1
DIVISION A--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2020
Title I--Military Personnel...................................... 9
Title II--Operation and Maintenance.............................. 11
Title III--Procurement........................................... 16
Title IV--Research, Development, Test and Evaluation............. 22
Title V--Revolving and Management Funds.......................... 23
Title VI--Other Department of Defense Programs................... 23
Title VII--Related Agencies...................................... 25
Title VIII--General Provisions................................... 25
Title IX--Overseas Contingency Operations........................ 59
Title X--Natural Disaster Relief................................. 76
DIVISION A--Explanatory Statement................................ 79
DIVISION B--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
APPROPRIATIONS ACT, 2020
Title I--Department of Commerce.................................. 451
Title II--Department of Justice.................................. 461
Title III--Science............................................... 481
Title IV--Related Agencies....................................... 487
Title V--General Provisions...................................... 490
DIVISION B--Explanatory Statement................................ 501
DIVISION C--FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS
ACT, 2020
Title I--Department of the Treasury.............................. 561
Title II--Executive Office of the President and Funds
Appropriated to the President.................................. 572
Title III--The Judiciary......................................... 578
Title IV--District of Columbia................................... 582
Title V--Independent Agencies.................................... 587
Title VI--General Provisions--This Act........................... 605
Title VII--General Provisions--Government-wide................... 612
Title VIII--General Provisions--District of Columbia............. 627
DIVISION C--Explanatory Statement................................ 633
DIVISION D--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2020
Title I--Departmental Management, Operations, Intelligence, and
Oversight...................................................... 681
Title II--Security, Enforcement, and Investigations.............. 684
Title III--Protection, Preparedness, Response, and Recovery...... 697
Title IV--Research, Development, Training, and Services.......... 702
Title V--General Provisions...................................... 705
DIVISION D--Explanatory Statement................................ 715
(iii)
iv
Clerk's Note
This committee print provides a compilation of the enacted
text and applicable explanatory material for the Consolidated
Appropriations Act, 2020 (H.R. 1158, P.L. 116-93).
This Act is the product of negotiations between the House
and Senate Appropriations Committees on final fiscal year 2020
appropriations for all 12 annual appropriations bills.
For purposes of final passage, the 12 appropriations bills
were enacted using two vehicles: H.R. 1158 and H.R. 1865.
H.R. 1158 consists of four divisions related to
Appropriations matters (divisions A through D), and includes
the front section, which contains provisions applicable to the
entire Act. The legislative text was submitted by Chairwoman
Nita Lowey of the House Committee on Appropriations as a House
amendment to the Senate amendment to an unrelated bill pending
in the House, H.R. 1158. The House agreed to the measure on
December 17, 2019, and the Senate agreed to the measure on
December 19, 2019.\1\ The President signed the legislation on
December 20, 2019 and it became Public Law 116-93.
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\1\ The House agreed to the amendment by a vote of 280-138 (Roll
Call No. 690). The Senate agreed to the amendment by a vote of 81-11
(Roll Call Vote No. 428).
---------------------------------------------------------------------------
Because an ``amendments-between-the-Houses'' process was
used instead of a conference committee, there is no conference
report and no ``joint Explanatory Statement of the managers''
for H.R. 1158. An Explanatory Statement relating to the House
amendment to H.R. 1158 was filed by Chairwoman Lowey in the
Congressional Record on December 17, 2019.\2\ Section 4 of the
Act provides that this Explanatory Statement ``shall have the
same effect with respect to the allocation of funds and
implementation of divisions A through D of this Act as if it
were a joint explanatory statement of a committee of
conference.''
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\2\ The Explanatory Statement appears on pages H10613-H11059 in
Book II of the December 17, 2019 Congressional Record.
---------------------------------------------------------------------------
For the convenience of users, the legislative text of each
appropriations division is paired with the applicable section
of the Explanatory Statement.
=======================================================================
[House Appropriations Committee Print]
Consolidated Appropriations Act, 2020
(H.R. 1158; P.L. 116-93)
PROVISIONS APPLYING TO ALL DIVISIONS OF THE CONSOLIDATED APPROPRIATIONS
ACT
=======================================================================
Resolved by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Consolidated Appropriations
Act, 2020''.
SEC. 2. TABLE OF CONTENTS.
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
Sec. 4. Explanatory statement.
Sec. 5. Statement of appropriations.
Sec. 6. Availability of funds.
DIVISION A--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2020
Title I--Military Personnel
Title II--Operation and Maintenance
Title III--Procurement
Title IV--Research, Development, Test and Evaluation
Title V--Revolving and Management Funds
Title VI--Other Department of Defense Programs
Title VII--Related Agencies
Title VIII--General Provisions
Title IX--Overseas Contingency Operations
Title X--Natural Disaster Relief
DIVISION B--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
APPROPRIATIONS ACT, 2020
Title I--Department of Commerce
Title II--Department of Justice
Title III--Science
Title IV--Related Agencies
Title V--General Provisions
DIVISION C--FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS
ACT, 2020
Title I--Department of the Treasury
Title II--Executive Office of the President and Funds Appropriated to
the President
Title III--The Judiciary
Title IV--District of Columbia
Title V--Independent Agencies
Title VI--General Provisions--This Act
Title VII--General Provisions--Government-wide
Title VIII--General Provisions--District of Columbia
DIVISION D--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2020
Title I--Departmental Management, Operations, Intelligence, and
Oversight
Title II--Security, Enforcement, and Investigations
Title III--Protection, Preparedness, Response, and Recovery
Title IV--Research, Development, Training, and Services
Title V--General Provisions
SEC. 3. REFERENCES.
Except as expressly provided otherwise, any reference to
``this Act'' contained in any division of this Act shall be
treated as referring only to the provisions of that division.
SEC. 4. EXPLANATORY STATEMENT.
The explanatory statement regarding this Act, printed in the
House section of the Congressional Record on or about December
17, 2019, and submitted by the Chairwoman of the Committee on
Appropriations of the House, shall have the same effect with
respect to the allocation of funds and implementation of
divisions A through D of this Act as if it were a joint
explanatory statement of a committee of conference.
SEC. 5. STATEMENT OF APPROPRIATIONS.
The following sums in this Act are appropriated, out of any
money in the Treasury not otherwise appropriated, for the
fiscal year ending September 30, 2020.
SEC. 6. AVAILABILITY OF FUNDS.
(a) Each amount designated in this Act by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of 1985
shall be available (or rescinded, if applicable) only if the
President subsequently so designates all such amounts and
transmits such designations to the Congress.
(b) Each amount designated in this Act by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985 shall be available (or
rescinded, if applicable) only if the President subsequently so
designates all such amounts and transmits such designations to
the Congress.
[Clerk's note.--Reproduced below are the introductory
paragraphs of the Explanatory Statement regarding H.R. 1158,
the Consolidated Appropriations Act, 2020.\1\]
---------------------------------------------------------------------------
\1\ This Explanatory Statement was submitted for printing in the
Congressional Record on
December 17, 2019 by Mrs. Lowey of New York, Chairwoman of the House
Committee on Appropriations. The Statement appears on page H10613 of
Book II.
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EXPLANATORY STATEMENT SUBMITTED BY MRS. LOWEY, CHAIRWOMAN OF THE HOUSE
COMMITTEE ON APPROPRIATIONS REGARDING H.R. 1158, CONSOLIDATED
APPROPRIATIONS ACT, 2020
The following is an explanation of the Consolidated
Appropriations Act, 2020. This Act includes 4 regular
appropriations bills for fiscal year 2020. The divisions
contained in the Act are as follows:
Division A--Department of Defense Appropriations
Act, 2020
Division B--Commerce, Justice, Science, and
Related Agencies Appropriations Act, 2020
Division C--Financial Services and General
Government Appropriations Act, 2020
Division D--Department of Homeland Security
Appropriations Act, 2020
=======================================================================
[House Appropriations Committee Print]
Consolidated Appropriations Act, 2020
(H.R. 1158; P.L. 116-93)
DIVISION A--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2020
=======================================================================
DIVISION A--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2020
TITLE I
MILITARY PERSONNEL
Military Personnel, Army
For pay, allowances, individual clothing, subsistence,
interest on deposits, gratuities, permanent change of station
travel (including all expenses thereof for organizational
movements), and expenses of temporary duty travel between
permanent duty stations, for members of the Army on active duty
(except members of reserve components provided for elsewhere),
cadets, and aviation cadets; for members of the Reserve
Officers' Training Corps; and for payments pursuant to section
156 of Public Law 97-377, as amended (42 U.S.C. 402 note), and
to the Department of Defense Military Retirement Fund,
$42,746,972,000.
Military Personnel, Navy
For pay, allowances, individual clothing, subsistence,
interest on deposits, gratuities, permanent change of station
travel (including all expenses thereof for organizational
movements), and expenses of temporary duty travel between
permanent duty stations, for members of the Navy on active duty
(except members of the Reserve provided for elsewhere),
midshipmen, and aviation cadets; for members of the Reserve
Officers' Training Corps; and for payments pursuant to section
156 of Public Law 97-377, as amended (42 U.S.C. 402 note), and
to the Department of Defense Military Retirement Fund,
$31,710,431,000.
Military Personnel, Marine Corps
For pay, allowances, individual clothing, subsistence,
interest on deposits, gratuities, permanent change of station
travel (including all expenses thereof for organizational
movements), and expenses of temporary duty travel between
permanent duty stations, for members of the Marine Corps on
active duty (except members of the Reserve provided for
elsewhere); and for payments pursuant to section 156 of Public
Law 97-377, as amended (42 U.S.C. 402 note), and to the
Department of Defense Military Retirement Fund,
$14,098,666,000.
Military Personnel, Air Force
For pay, allowances, individual clothing, subsistence,
interest on deposits, gratuities, permanent change of station
travel (including all expenses thereof for organizational
movements), and expenses of temporary duty travel between
permanent duty stations, for members of the Air Force on active
duty (except members of reserve components provided for
elsewhere), cadets, and aviation cadets; for members of the
Reserve Officers' Training Corps; and for payments pursuant to
section 156 of Public Law 97-377, as amended (42 U.S.C. 402
note), and to the Department of Defense Military Retirement
Fund, $31,239,149,000.
Reserve Personnel, Army
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Army Reserve
on active duty under sections 10211, 10302, and 7038 of title
10, United States Code, or while serving on active duty under
section 12301(d) of title 10, United States Code, in connection
with performing duty specified in section 12310(a) of title 10,
United States Code, or while undergoing reserve training, or
while performing drills or equivalent duty or other duty, and
expenses authorized by section 16131 of title 10, United States
Code; and for payments to the Department of Defense Military
Retirement Fund, $4,922,087,000.
Reserve Personnel, Navy
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Navy Reserve
on active duty under section 10211 of title 10, United States
Code, or while serving on active duty under section 12301(d) of
title 10, United States Code, in connection with performing
duty specified in section 12310(a) of title 10, United States
Code, or while undergoing reserve training, or while performing
drills or equivalent duty, and expenses authorized by section
16131 of title 10, United States Code; and for payments to the
Department of Defense Military Retirement Fund, $2,115,997,000.
Reserve Personnel, Marine Corps
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Marine Corps
Reserve on active duty under section 10211 of title 10, United
States Code, or while serving on active duty under section
12301(d) of title 10, United States Code, in connection with
performing duty specified in section 12310(a) of title 10,
United States Code, or while undergoing reserve training, or
while performing drills or equivalent duty, and for members of
the Marine Corps platoon leaders class, and expenses authorized
by section 16131 of title 10, United States Code; and for
payments to the Department of Defense Military Retirement Fund,
$833,604,000.
Reserve Personnel, Air Force
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Air Force
Reserve on active duty under sections 10211, 10305, and 8038 of
title 10, United States Code, or while serving on active duty
under section 12301(d) of title 10, United States Code, in
connection with performing duty specified in section 12310(a)
of title 10, United States Code, or while undergoing reserve
training, or while performing drills or equivalent duty or
other duty, and expenses authorized by section 16131 of title
10, United States Code; and for payments to the Department of
Defense Military Retirement Fund, $2,014,190,000.
National Guard Personnel, Army
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Army National
Guard while on duty under sections 10211, 10302, or 12402 of
title 10 or section 708 of title 32, United States Code, or
while serving on duty under section 12301(d) of title 10 or
section 502(f) of title 32, United States Code, in connection
with performing duty specified in section 12310(a) of title 10,
United States Code, or while undergoing training, or while
performing drills or equivalent duty or other duty, and
expenses authorized by section 16131 of title 10, United States
Code; and for payments to the Department of Defense Military
Retirement Fund, $8,704,320,000.
National Guard Personnel, Air Force
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Air National
Guard on duty under sections 10211, 10305, or 12402 of title 10
or section 708 of title 32, United States Code, or while
serving on duty under section 12301(d) of title 10 or section
502(f) of title 32, United States Code, in connection with
performing duty specified in section 12310(a) of title 10,
United States Code, or while undergoing training, or while
performing drills or equivalent duty or other duty, and
expenses authorized by section 16131 of title 10, United States
Code; and for payments to the Department of Defense Military
Retirement Fund, $4,060,651,000.
TITLE II
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Army, as authorized by law,
$39,597,083,000: Provided, That not to exceed $12,478,000 can
be used for emergencies and extraordinary expenses, to be
expended on the approval or authority of the Secretary of the
Army, and payments may be made on his certificate of necessity
for confidential military purposes.
Operation and Maintenance, Navy
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Navy and the Marine Corps, as
authorized by law, $47,622,510,000: Provided, That not to
exceed $15,055,000 can be used for emergencies and
extraordinary expenses, to be expended on the approval or
authority of the Secretary of the Navy, and payments may be
made on his certificate of necessity for confidential military
purposes.
Operation and Maintenance, Marine Corps
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Marine Corps, as authorized by
law, $7,868,468,000.
Operation and Maintenance, Air Force
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Air Force, as authorized by
law, $42,736,365,000: Provided, That not to exceed $7,699,000
can be used for emergencies and extraordinary expenses, to be
expended on the approval or authority of the Secretary of the
Air Force, and payments may be made on his certificate of
necessity for confidential military purposes.
Operation and Maintenance, Space Force
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Space Force, as authorized by
law, $40,000,000.
Operation and Maintenance, Defense-Wide
(including transfer of funds)
For expenses, not otherwise provided for, necessary for the
operation and maintenance of activities and agencies of the
Department of Defense (other than the military departments), as
authorized by law, $37,491,073,000: Provided, That not more
than $6,859,000 may be used for the Combatant Commander
Initiative Fund authorized under section 166a of title 10,
United States Code: Provided further, That not to exceed
$36,000,000 can be used for emergencies and extraordinary
expenses, to be expended on the approval or authority of the
Secretary of Defense, and payments may be made on his
certificate of necessity for confidential military purposes:
Provided further, That of the funds provided under this
heading, not less than $44,500,000 shall be made available for
the Procurement Technical Assistance Cooperative Agreement
Program, of which not less than $4,500,000 shall be available
for centers defined in 10 U.S.C. 2411(1)(D): Provided further,
That none of the funds appropriated or otherwise made available
by this Act may be used to plan or implement the consolidation
of a budget or appropriations liaison office of the Office of
the Secretary of Defense, the office of the Secretary of a
military department, or the service headquarters of one of the
Armed Forces into a legislative affairs or legislative liaison
office: Provided further, That $17,732,000, to remain
available until expended, is available only for expenses
relating to certain classified activities, and may be
transferred as necessary by the Secretary of Defense to
operation and maintenance appropriations or research,
development, test and evaluation appropriations, to be merged
with and to be available for the same time period as the
appropriations to which transferred: Provided further, That
any ceiling on the investment item unit cost of items that may
be purchased with operation and maintenance funds shall not
apply to the funds described in the preceding proviso:
Provided further, That of the funds provided under this
heading, $643,073,000, of which $160,768,000, to remain
available until September 30, 2021, shall be available to
provide support and assistance to foreign security forces or
other groups or individuals to conduct, support or facilitate
counterterrorism, crisis response, or other Department of
Defense security cooperation programs: Provided further, That
the transfer authority provided under this heading is in
addition to any other transfer authority provided elsewhere in
this Act.
Operation and Maintenance, Army Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization,
and administration, of the Army Reserve; repair of facilities
and equipment; hire of passenger motor vehicles; travel and
transportation; care of the dead; recruiting; procurement of
services, supplies, and equipment; and communications,
$2,984,494,000.
Operation and Maintenance, Navy Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization,
and administration, of the Navy Reserve; repair of facilities
and equipment; hire of passenger motor vehicles; travel and
transportation; care of the dead; recruiting; procurement of
services, supplies, and equipment; and communications,
$1,102,616,000.
Operation and Maintenance, Marine Corps Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization,
and administration, of the Marine Corps Reserve; repair of
facilities and equipment; hire of passenger motor vehicles;
travel and transportation; care of the dead; recruiting;
procurement of services, supplies, and equipment; and
communications, $289,076,000.
Operation and Maintenance, Air Force Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization,
and administration, of the Air Force Reserve; repair of
facilities and equipment; hire of passenger motor vehicles;
travel and transportation; care of the dead; recruiting;
procurement of services, supplies, and equipment; and
communications, $3,227,318,000.
Operation and Maintenance, Army National Guard
For expenses of training, organizing, and administering the
Army National Guard, including medical and hospital treatment
and related expenses in non-Federal hospitals; maintenance,
operation, and repairs to structures and facilities; hire of
passenger motor vehicles; personnel services in the National
Guard Bureau; travel expenses (other than mileage), as
authorized by law for Army personnel on active duty, for Army
National Guard division, regimental, and battalion commanders
while inspecting units in compliance with National Guard Bureau
regulations when specifically authorized by the Chief, National
Guard Bureau; supplying and equipping the Army National Guard
as authorized by law; and expenses of repair, modification,
maintenance, and issue of supplies and equipment (including
aircraft), $7,461,947,000.
Operation and Maintenance, Air National Guard
For expenses of training, organizing, and administering the
Air National Guard, including medical and hospital treatment
and related expenses in non-Federal hospitals; maintenance,
operation, and repairs to structures and facilities;
transportation of things, hire of passenger motor vehicles;
supplying and equipping the Air National Guard, as authorized
by law; expenses for repair, modification, maintenance, and
issue of supplies and equipment, including those furnished from
stocks under the control of agencies of the Department of
Defense; travel expenses (other than mileage) on the same basis
as authorized by law for Air National Guard personnel on active
Federal duty, for Air National Guard commanders while
inspecting units in compliance with National Guard Bureau
regulations when specifically authorized by the Chief, National
Guard Bureau, $6,655,292,000.
United States Court of Appeals for the Armed Forces
For salaries and expenses necessary for the United States
Court of Appeals for the Armed Forces, $14,771,000, of which
not to exceed $5,000 may be used for official representation
purposes.
Environmental Restoration, Army
(including transfer of funds)
For the Department of the Army, $251,700,000, to remain
available until transferred: Provided, That the Secretary of
the Army shall, upon determining that such funds are required
for environmental restoration, reduction and recycling of
hazardous waste, removal of unsafe buildings and debris of the
Department of the Army, or for similar purposes, transfer the
funds made available by this appropriation to other
appropriations made available to the Department of the Army, to
be merged with and to be available for the same purposes and
for the same time period as the appropriations to which
transferred: Provided further, That upon a determination that
all or part of the funds transferred from this appropriation
are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation:
Provided further, That the transfer authority provided under
this heading is in addition to any other transfer authority
provided elsewhere in this Act.
Environmental Restoration, Navy
(including transfer of funds)
For the Department of the Navy, $385,000,000, to remain
available until transferred: Provided, That the Secretary of
the Navy shall, upon determining that such funds are required
for environmental restoration, reduction and recycling of
hazardous waste, removal of unsafe buildings and debris of the
Department of the Navy, or for similar purposes, transfer the
funds made available by this appropriation to other
appropriations made available to the Department of the Navy, to
be merged with and to be available for the same purposes and
for the same time period as the appropriations to which
transferred: Provided further, That upon a determination that
all or part of the funds transferred from this appropriation
are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation:
Provided further, That the transfer authority provided under
this heading is in addition to any other transfer authority
provided elsewhere in this Act.
Environmental Restoration, Air Force
(including transfer of funds)
For the Department of the Air Force, $485,000,000, to remain
available until transferred: Provided, That the Secretary of
the Air Force shall, upon determining that such funds are
required for environmental restoration, reduction and recycling
of hazardous waste, removal of unsafe buildings and debris of
the Department of the Air Force, or for similar purposes,
transfer the funds made available by this appropriation to
other appropriations made available to the Department of the
Air Force, to be merged with and to be available for the same
purposes and for the same time period as the appropriations to
which transferred: Provided further, That upon a determination
that all or part of the funds transferred from this
appropriation are not necessary for the purposes provided
herein, such amounts may be transferred back to this
appropriation: Provided further, That the transfer authority
provided under this heading is in addition to any other
transfer authority provided elsewhere in this Act.
Environmental Restoration, Defense-Wide
(including transfer of funds)
For the Department of Defense, $19,002,000, to remain
available until transferred: Provided, That the Secretary of
Defense shall, upon determining that such funds are required
for environmental restoration, reduction and recycling of
hazardous waste, removal of unsafe buildings and debris of the
Department of Defense, or for similar purposes, transfer the
funds made available by this appropriation to other
appropriations made available to the Department of Defense, to
be merged with and to be available for the same purposes and
for the same time period as the appropriations to which
transferred: Provided further, That upon a determination that
all or part of the funds transferred from this appropriation
are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation:
Provided further, That the transfer authority provided under
this heading is in addition to any other transfer authority
provided elsewhere in this Act.
Environmental Restoration, Formerly Used Defense Sites
(including transfer of funds)
For the Department of the Army, $275,000,000, to remain
available until transferred: Provided, That the Secretary of
the Army shall, upon determining that such funds are required
for environmental restoration, reduction and recycling of
hazardous waste, removal of unsafe buildings and debris at
sites formerly used by the Department of Defense, transfer the
funds made available by this appropriation to other
appropriations made available to the Department of the Army, to
be merged with and to be available for the same purposes and
for the same time period as the appropriations to which
transferred: Provided further, That upon a determination that
all or part of the funds transferred from this appropriation
are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation:
Provided further, That the transfer authority provided under
this heading is in addition to any other transfer authority
provided elsewhere in this Act.
Overseas Humanitarian, Disaster, and Civic Aid
For expenses relating to the Overseas Humanitarian, Disaster,
and Civic Aid programs of the Department of Defense (consisting
of the programs provided under sections 401, 402, 404, 407,
2557, and 2561 of title 10, United States Code), $135,000,000,
to remain available until September 30, 2021.
Cooperative Threat Reduction Account
For assistance, including assistance provided by contract or
by grants, under programs and activities of the Department of
Defense Cooperative Threat Reduction Program authorized under
the Department of Defense Cooperative Threat Reduction Act,
$373,700,000, to remain available until September 30, 2022.
Department of Defense Acquisition Workforce Development Fund
For the Department of Defense Acquisition Workforce
Development Fund, $400,000,000, to remain available for
obligation until September 30, 2021: Provided, That no other
amounts may be otherwise credited or transferred to the Fund,
or deposited into the Fund, in fiscal year 2020 pursuant to
section 1705(d) of title 10, United States Code.
TITLE III
PROCUREMENT
Aircraft Procurement, Army
For construction, procurement, production, modification, and
modernization of aircraft, equipment, including ordnance,
ground handling equipment, spare parts, and accessories
therefor; specialized equipment and training devices; expansion
of public and private plants, including the land necessary
therefor, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted
thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in
public and private plants; reserve plant and Government and
contractor-owned equipment layaway; and other expenses
necessary for the foregoing purposes, $3,771,329,000, to remain
available for obligation until September 30, 2022.
Missile Procurement, Army
For construction, procurement, production, modification, and
modernization of missiles, equipment, including ordnance,
ground handling equipment, spare parts, and accessories
therefor; specialized equipment and training devices; expansion
of public and private plants, including the land necessary
therefor, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted
thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in
public and private plants; reserve plant and Government and
contractor-owned equipment layaway; and other expenses
necessary for the foregoing purposes, $2,995,673,000, to remain
available for obligation until September 30, 2022.
Procurement of Weapons and Tracked Combat Vehicles, Army
For construction, procurement, production, and modification
of weapons and tracked combat vehicles, equipment, including
ordnance, spare parts, and accessories therefor; specialized
equipment and training devices; expansion of public and private
plants, including the land necessary therefor, for the
foregoing purposes, and such lands and interests therein, may
be acquired, and construction prosecuted thereon prior to
approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and private
plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the
foregoing purposes, $4,663,597,000, to remain available for
obligation until September 30, 2022.
Procurement of Ammunition, Army
For construction, procurement, production, and modification
of ammunition, and accessories therefor; specialized equipment
and training devices; expansion of public and private plants,
including ammunition facilities, authorized by section 2854 of
title 10, United States Code, and the land necessary therefor,
for the foregoing purposes, and such lands and interests
therein, may be acquired, and construction prosecuted thereon
prior to approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and private
plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the
foregoing purposes, $2,578,575,000, to remain available for
obligation until September 30, 2022.
Other Procurement, Army
For construction, procurement, production, and modification
of vehicles, including tactical, support, and non-tracked
combat vehicles; the purchase of passenger motor vehicles for
replacement only; communications and electronic equipment;
other support equipment; spare parts, ordnance, and accessories
therefor; specialized equipment and training devices; expansion
of public and private plants, including the land necessary
therefor, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted
thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in
public and private plants; reserve plant and Government and
contractor-owned equipment layaway; and other expenses
necessary for the foregoing purposes, $7,581,524,000, to remain
available for obligation until September 30, 2022.
Aircraft Procurement, Navy
For construction, procurement, production, modification, and
modernization of aircraft, equipment, including ordnance, spare
parts, and accessories therefor; specialized equipment;
expansion of public and private plants, including the land
necessary therefor, and such lands and interests therein, may
be acquired, and construction prosecuted thereon prior to
approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and private
plants; reserve plant and Government and contractor-owned
equipment layaway, $19,605,513,000, to remain available for
obligation until September 30, 2022.
Weapons Procurement, Navy
For construction, procurement, production, modification, and
modernization of missiles, torpedoes, other weapons, and
related support equipment including spare parts, and
accessories therefor; expansion of public and private plants,
including the land necessary therefor, and such lands and
interests therein, may be acquired, and construction prosecuted
thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in
public and private plants; reserve plant and Government and
contractor-owned equipment layaway, $4,017,470,000, to remain
available for obligation until September 30, 2022.
Procurement of Ammunition, Navy and Marine Corps
For construction, procurement, production, and modification
of ammunition, and accessories therefor; specialized equipment
and training devices; expansion of public and private plants,
including ammunition facilities, authorized by section 2854 of
title 10, United States Code, and the land necessary therefor,
for the foregoing purposes, and such lands and interests
therein, may be acquired, and construction prosecuted thereon
prior to approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and private
plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the
foregoing purposes, $843,401,000, to remain available for
obligation until September 30, 2022.
Shipbuilding and Conversion, Navy
For expenses necessary for the construction, acquisition, or
conversion of vessels as authorized by law, including armor and
armament thereof, plant equipment, appliances, and machine
tools and installation thereof in public and private plants;
reserve plant and Government and contractor-owned equipment
layaway; procurement of critical, long lead time components and
designs for vessels to be constructed or converted in the
future; and expansion of public and private plants, including
land necessary therefor, and such lands and interests therein,
may be acquired, and construction prosecuted thereon prior to
approval of title, as follows:
Ohio Replacement Submarine (AP), $1,820,927,000;
Carrier Replacement Program (CVN-80), $1,062,000,000;
Carrier Replacement Program (CVN-81), $1,214,500,000;
Virginia Class Submarine, $5,365,181,000;
Virginia Class Submarine (AP), $2,969,552,000;
CVN Refueling Overhauls, $634,626,000;
CVN Refueling Overhauls (AP), $16,900,000;
DDG-1000 Program, $155,944,000;
DDG-51 Destroyer, $5,065,295,000;
DDG-51 Destroyer (AP), $744,028,000;
FFG-Frigate, $1,281,177,000;
LPD Flight II, $524,100,000;
LHA Replacement, $650,000,000;
Expeditionary Fast Transport, $261,000,000;
TAO Fleet Oiler, $981,215,000;
TAO Fleet Oiler (AP), $73,000,000;
Towing, Salvage, and Rescue Ship, $150,282,000;
LCU 1700, $83,670,000;
Ship to Shore Connector, $65,000,000;
Service Craft, $56,289,000;
For outfitting, post delivery, conversions, and first
destination transportation, $695,992,000; and
Completion of Prior Year Shipbuilding Programs,
$104,700,000.
In all: $23,975,378,000, to remain available for obligation
until September 30, 2024: Provided, That additional
obligations may be incurred after September 30, 2024, for
engineering services, tests, evaluations, and other such
budgeted work that must be performed in the final stage of ship
construction: Provided further, That none of the funds
provided under this heading for the construction or conversion
of any naval vessel to be constructed in shipyards in the
United States shall be expended in foreign facilities for the
construction of major components of such vessel: Provided
further, That none of the funds provided under this heading
shall be used for the construction of any naval vessel in
foreign shipyards: Provided further, That funds appropriated
or otherwise made available by this Act for Ohio Replacement
Submarine (AP) may be available for the purposes authorized by
subsections (f), (g), (h) or (i) of section 2218a of title 10,
United States Code, only in accordance with the provisions of
the applicable subsection: Provided further, That an
appropriation made under the heading ``Shipbuilding and
Conversion, Navy'' provided for the purpose of ``Program
increase--advance procurement for fiscal year 2020 LPD Flight
II and/or multiyear procurement economic order quantity'' shall
be considered to be for the purpose of ``Program increase--
advance procurement of LPD-31''.
Other Procurement, Navy
For procurement, production, and modernization of support
equipment and materials not otherwise provided for, Navy
ordnance (except ordnance for new aircraft, new ships, and
ships authorized for conversion); the purchase of passenger
motor vehicles for replacement only; expansion of public and
private plants, including the land necessary therefor, and such
lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement
and installation of equipment, appliances, and machine tools in
public and private plants; reserve plant and Government and
contractor-owned equipment layaway, $10,075,257,000, to remain
available for obligation until September 30, 2022: Provided,
That such funds are also available for the maintenance, repair,
and modernization of Pacific Fleet ships under a pilot program
established for such purposes.
Procurement, Marine Corps
For expenses necessary for the procurement, manufacture, and
modification of missiles, armament, military equipment, spare
parts, and accessories therefor; plant equipment, appliances,
and machine tools, and installation thereof in public and
private plants; reserve plant and Government and contractor-
owned equipment layaway; vehicles for the Marine Corps,
including the purchase of passenger motor vehicles for
replacement only; and expansion of public and private plants,
including land necessary therefor, and such lands and interests
therein, may be acquired, and construction prosecuted thereon
prior to approval of title, $2,898,422,000, to remain available
for obligation until September 30, 2022.
Aircraft Procurement, Air Force
For construction, procurement, and modification of aircraft
and equipment, including armor and armament, specialized ground
handling equipment, and training devices, spare parts, and
accessories therefor; specialized equipment; expansion of
public and private plants, Government-owned equipment and
installation thereof in such plants, erection of structures,
and acquisition of land, for the foregoing purposes, and such
lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; reserve plant
and Government and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes including
rents and transportation of things, $17,512,361,000, to remain
available for obligation until September 30, 2022.
Missile Procurement, Air Force
For construction, procurement, and modification of missiles,
rockets, and related equipment, including spare parts and
accessories therefor; ground handling equipment, and training
devices; expansion of public and private plants, Government-
owned equipment and installation thereof in such plants,
erection of structures, and acquisition of land, for the
foregoing purposes, and such lands and interests therein, may
be acquired, and construction prosecuted thereon prior to
approval of title; reserve plant and Government and contractor-
owned equipment layaway; and other expenses necessary for the
foregoing purposes including rents and transportation of
things, $2,575,890,000, to remain available for obligation
until September 30, 2022.
Space Procurement, Air Force
For construction, procurement, and modification of
spacecraft, rockets, and related equipment, including spare
parts and accessories therefor; ground handling equipment, and
training devices; expansion of public and private plants,
Government-owned equipment and installation thereof in such
plants, erection of structures, and acquisition of land, for
the foregoing purposes, and such lands and interests therein,
may be acquired, and construction prosecuted thereon prior to
approval of title; reserve plant and Government and contractor-
owned equipment layaway; and other expenses necessary for the
foregoing purposes including rents and transportation of
things, $2,353,383,000, to remain available for obligation
until September 30, 2022.
Procurement of Ammunition, Air Force
For construction, procurement, production, and modification
of ammunition, and accessories therefor; specialized equipment
and training devices; expansion of public and private plants,
including ammunition facilities, authorized by section 2854 of
title 10, United States Code, and the land necessary therefor,
for the foregoing purposes, and such lands and interests
therein, may be acquired, and construction prosecuted thereon
prior to approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and private
plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the
foregoing purposes, $1,625,661,000, to remain available for
obligation until September 30, 2022.
Other Procurement, Air Force
For procurement and modification of equipment (including
ground guidance and electronic control equipment, and ground
electronic and communication equipment), and supplies,
materials, and spare parts therefor, not otherwise provided
for; the purchase of passenger motor vehicles for replacement
only; lease of passenger motor vehicles; and expansion of
public and private plants, Government-owned equipment and
installation thereof in such plants, erection of structures,
and acquisition of land, for the foregoing purposes, and such
lands and interests therein, may be acquired, and construction
prosecuted thereon, prior to approval of title; reserve plant
and Government and contractor-owned equipment layaway,
$21,410,021,000, to remain available for obligation until
September 30, 2022.
Procurement, Defense-Wide
For expenses of activities and agencies of the Department of
Defense (other than the military departments) necessary for
procurement, production, and modification of equipment,
supplies, materials, and spare parts therefor, not otherwise
provided for; the purchase of passenger motor vehicles for
replacement only; expansion of public and private plants,
equipment, and installation thereof in such plants, erection of
structures, and acquisition of land for the foregoing purposes,
and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
reserve plant and Government and contractor-owned equipment
layaway, $5,332,147,000, to remain available for obligation
until September 30, 2022.
Defense Production Act Purchases
For activities by the Department of Defense pursuant to
sections 108, 301, 302, and 303 of the Defense Production Act
of 1950 (50 U.S.C. 4518, 4531, 4532, and 4533), $64,393,000, to
remain available until expended.
TITLE IV
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
For expenses necessary for basic and applied scientific
research, development, test and evaluation, including
maintenance, rehabilitation, lease, and operation of facilities
and equipment, $12,543,435,000, to remain available for
obligation until September 30, 2021.
Research, Development, Test and Evaluation, Navy
For expenses necessary for basic and applied scientific
research, development, test and evaluation, including
maintenance, rehabilitation, lease, and operation of facilities
and equipment, $20,155,115,000, to remain available for
obligation until September 30, 2021: Provided, That funds
appropriated in this paragraph which are available for the V-22
may be used to meet unique operational requirements of the
Special Operations Forces.
Research, Development, Test and Evaluation, Air Force
For expenses necessary for basic and applied scientific
research, development, test and evaluation, including
maintenance, rehabilitation, lease, and operation of facilities
and equipment, $45,566,955,000, to remain available for
obligation until September 30, 2021.
Research, Development, Test and Evaluation, Defense-Wide
For expenses of activities and agencies of the Department of
Defense (other than the military departments), necessary for
basic and applied scientific research, development, test and
evaluation; advanced research projects as may be designated and
determined by the Secretary of Defense, pursuant to law;
maintenance, rehabilitation, lease, and operation of facilities
and equipment, $25,938,027,000, to remain available for
obligation until September 30, 2021.
Operational Test and Evaluation, Defense
For expenses, not otherwise provided for, necessary for the
independent activities of the Director, Operational Test and
Evaluation, in the direction and supervision of operational
test and evaluation, including initial operational test and
evaluation which is conducted prior to, and in support of,
production decisions; joint operational testing and evaluation;
and administrative expenses in connection therewith,
$227,700,000, to remain available for obligation until
September 30, 2021.
TITLE V
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For the Defense Working Capital Funds, $1,564,211,000.
TITLE VI
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For expenses, not otherwise provided for, for medical and
health care programs of the Department of Defense as authorized
by law, $34,074,119,000; of which $31,321,665,000, shall be for
operation and maintenance, of which not to exceed one percent
shall remain available for obligation until September 30, 2021,
and of which up to $15,262,668,000 may be available for
contracts entered into under the TRICARE program; of which
$446,359,000, to remain available for obligation until
September 30, 2022, shall be for procurement; and of which
$2,306,095,000, to remain available for obligation until
September 30, 2021, shall be for research, development, test
and evaluation: Provided, That, notwithstanding any other
provision of law, of the amount made available under this
heading for research, development, test and evaluation, not
less than $8,000,000 shall be available for HIV prevention
educational activities undertaken in connection with United
States military training, exercises, and humanitarian
assistance activities conducted primarily in African nations:
Provided further, That of the funds provided under this heading
for research, development, test and evaluation, not less than
$1,383,500,000 shall be made available to the United States
Army Medical Research and Development Command to carry out the
congressionally directed medical research programs: Provided
further, That the Secretary of Defense shall submit to the
Congressional defense committees quarterly reports on the
current status of the deployment of the electronic health
record: Provided further, That the Secretary of Defense shall
provide notice to the Congressional defense committees not
later than ten business days after delaying the proposed
timeline of such deployment if such delay is longer than one
week: Provided further, That the Comptroller General of the
United States shall perform quarterly performance reviews of
such deployment.
Chemical Agents and Munitions Destruction, Defense
For expenses, not otherwise provided for, necessary for the
destruction of the United States stockpile of lethal chemical
agents and munitions in accordance with the provisions of
section 1412 of the Department of Defense Authorization Act,
1986 (50 U.S.C. 1521), and for the destruction of other
chemical warfare materials that are not in the chemical weapon
stockpile, $985,499,000, of which $107,351,000 shall be for
operation and maintenance, of which no less than $52,452,000
shall be for the Chemical Stockpile Emergency Preparedness
Program, consisting of $22,444,000 for activities on military
installations and $30,008,000, to remain available until
September 30, 2021, to assist State and local governments;
$2,218,000 shall be for procurement, to remain available until
September 30, 2022, of which not less than $2,218,000 shall be
for the Chemical Stockpile Emergency Preparedness Program to
assist State and local governments; and $875,930,000, to remain
available until September 30, 2021, shall be for research,
development, test and evaluation, of which $869,430,000 shall
only be for the Assembled Chemical Weapons Alternatives
program.
Drug Interdiction and Counter-Drug Activities, Defense
(including transfer of funds)
For drug interdiction and counter-drug activities of the
Department of Defense, for transfer to appropriations available
to the Department of Defense for military personnel of the
reserve components serving under the provisions of title 10 and
title 32, United States Code; for operation and maintenance;
for procurement; and for research, development, test and
evaluation, $893,059,000, of which $522,171,000 shall be for
counter-narcotics support; $124,922,000 shall be for the drug
demand reduction program; $220,595,000 shall be for the
National Guard counter-drug program; and $25,371,000 shall be
for the National Guard counter-drug schools program: Provided,
That the funds appropriated under this heading shall be
available for obligation for the same time period and for the
same purpose as the appropriation to which transferred:
Provided further, That upon a determination that all or part of
the funds transferred from this appropriation are not necessary
for the purposes provided herein, such amounts may be
transferred back to this appropriation: Provided further, That
the transfer authority provided under this heading is in
addition to any other transfer authority contained elsewhere in
this Act.
Office of the Inspector General
For expenses and activities of the Office of the Inspector
General in carrying out the provisions of the Inspector General
Act of 1978, as amended, $363,499,000, of which $360,201,000
shall be for operation and maintenance, of which not to exceed
$700,000 is available for emergencies and extraordinary
expenses to be expended on the approval or authority of the
Inspector General, and payments may be made on the Inspector
General's certificate of necessity for confidential military
purposes; of which $333,000, to remain available for obligation
until September 30, 2022, shall be for procurement; and of
which $2,965,000, to remain available until September 30, 2021,
shall be for research, development, test and evaluation.
TITLE VII
RELATED AGENCIES
Central Intelligence Agency Retirement and Disability System Fund
For payment to the Central Intelligence Agency Retirement and
Disability System Fund, to maintain the proper funding level
for continuing the operation of the Central Intelligence Agency
Retirement and Disability System, $514,000,000.
Intelligence Community Management Account
For necessary expenses of the Intelligence Community
Management Account, $556,000,000.
TITLE VIII
GENERAL PROVISIONS
Sec. 8001. No part of any appropriation contained in this
Act shall be used for publicity or propaganda purposes not
authorized by the Congress.
Sec. 8002. During the current fiscal year, provisions of law
prohibiting the payment of compensation to, or employment of,
any person not a citizen of the United States shall not apply
to personnel of the Department of Defense: Provided, That
salary increases granted to direct and indirect hire foreign
national employees of the Department of Defense funded by this
Act shall not be at a rate in excess of the percentage increase
authorized by law for civilian employees of the Department of
Defense whose pay is computed under the provisions of section
5332 of title 5, United States Code, or at a rate in excess of
the percentage increase provided by the appropriate host nation
to its own employees, whichever is higher: Provided further,
That this section shall not apply to Department of Defense
foreign service national employees serving at United States
diplomatic missions whose pay is set by the Department of State
under the Foreign Service Act of 1980: Provided further, That
the limitations of this provision shall not apply to foreign
national employees of the Department of Defense in the Republic
of Turkey.
Sec. 8003. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year, unless expressly so provided herein.
Sec. 8004. No more than 20 percent of the appropriations in
this Act which are limited for obligation during the current
fiscal year shall be obligated during the last 2 months of the
fiscal year: Provided, That this section shall not apply to
obligations for support of active duty training of reserve
components or summer camp training of the Reserve Officers'
Training Corps.
(transfer of funds)
Sec. 8005. Upon determination by the Secretary of Defense
that such action is necessary in the national interest, he may,
with the approval of the Office of Management and Budget,
transfer not to exceed $4,000,000,000 of working capital funds
of the Department of Defense or funds made available in this
Act to the Department of Defense for military functions (except
military construction) between such appropriations or funds or
any subdivision thereof, to be merged with and to be available
for the same purposes, and for the same time period, as the
appropriation or fund to which transferred: Provided, That
such authority to transfer may not be used unless for higher
priority items, based on unforeseen military requirements, than
those for which originally appropriated and in no case where
the item for which funds are requested has been denied by the
Congress: Provided further, That the Secretary of Defense
shall notify the Congress promptly of all transfers made
pursuant to this authority or any other authority in this Act:
Provided further, That no part of the funds in this Act shall
be available to prepare or present a request to the Committees
on Appropriations for reprogramming of funds, unless for higher
priority items, based on unforeseen military requirements, than
those for which originally appropriated and in no case where
the item for which reprogramming is requested has been denied
by the Congress: Provided further, That a request for multiple
reprogrammings of funds using authority provided in this
section shall be made prior to June 30, 2020: Provided
further, That transfers among military personnel appropriations
shall not be taken into account for purposes of the limitation
on the amount of funds that may be transferred under this
section.
Sec. 8006. (a) With regard to the list of specific programs,
projects, and activities (and the dollar amounts and
adjustments to budget activities corresponding to such
programs, projects, and activities) contained in the tables
titled Explanation of Project Level Adjustments in the
explanatory statement regarding this Act, the obligation and
expenditure of amounts appropriated or otherwise made available
in this Act for those programs, projects, and activities for
which the amounts appropriated exceed the amounts requested are
hereby required by law to be carried out in the manner provided
by such tables to the same extent as if the tables were
included in the text of this Act.
(b) Amounts specified in the referenced tables described in
subsection (a) shall not be treated as subdivisions of
appropriations for purposes of section 8005 of this Act:
Provided, That section 8005 shall apply when transfers of the
amounts described in subsection (a) occur between appropriation
accounts.
Sec. 8007. (a) Not later than 60 days after enactment of this
Act, the Department of Defense shall submit a report to the
congressional defense committees to establish the baseline for
application of reprogramming and transfer authorities for
fiscal year 2020: Provided, That the report shall include--
(1) a table for each appropriation with a separate
column to display the President's budget request,
adjustments made by Congress, adjustments due to
enacted rescissions, if appropriate, and the fiscal
year enacted level;
(2) a delineation in the table for each appropriation
both by budget activity and program, project, and
activity as detailed in the Budget Appendix; and
(3) an identification of items of special
congressional interest.
(b) Notwithstanding section 8005 of this Act, none of the
funds provided in this Act shall be available for reprogramming
or transfer until the report identified in subsection (a) is
submitted to the congressional defense committees, unless the
Secretary of Defense certifies in writing to the congressional
defense committees that such reprogramming or transfer is
necessary as an emergency requirement: Provided, That this
subsection shall not apply to transfers from the following
appropriations accounts:
(1) ``Environmental Restoration, Army'';
(2) ``Environmental Restoration, Navy'';
(3) ``Environmental Restoration, Air Force'';
(4) ``Environmental Restoration, Defense-Wide'';
(5) ``Environmental Restoration, Formerly Used
Defense Sites''; and
(6) ``Drug Interdiction and Counter-drug Activities,
Defense''.
(transfer of funds)
Sec. 8008. During the current fiscal year, cash balances in
working capital funds of the Department of Defense established
pursuant to section 2208 of title 10, United States Code, may
be maintained in only such amounts as are necessary at any time
for cash disbursements to be made from such funds: Provided,
That transfers may be made between such funds: Provided
further, That transfers may be made between working capital
funds and the ``Foreign Currency Fluctuations, Defense''
appropriation and the ``Operation and Maintenance''
appropriation accounts in such amounts as may be determined by
the Secretary of Defense, with the approval of the Office of
Management and Budget, except that such transfers may not be
made unless the Secretary of Defense has notified the Congress
of the proposed transfer: Provided further, That except in
amounts equal to the amounts appropriated to working capital
funds in this Act, no obligations may be made against a working
capital fund to procure or increase the value of war reserve
material inventory, unless the Secretary of Defense has
notified the Congress prior to any such obligation.
Sec. 8009. Funds appropriated by this Act may not be used to
initiate a special access program without prior notification 30
calendar days in advance to the congressional defense
committees.
Sec. 8010. None of the funds provided in this Act shall be
available to initiate: (1) a multiyear contract that employs
economic order quantity procurement in excess of $20,000,000 in
any one year of the contract or that includes an unfunded
contingent liability in excess of $20,000,000; or (2) a
contract for advance procurement leading to a multiyear
contract that employs economic order quantity procurement in
excess of $20,000,000 in any one year, unless the congressional
defense committees have been notified at least 30 days in
advance of the proposed contract award: Provided, That no part
of any appropriation contained in this Act shall be available
to initiate a multiyear contract for which the economic order
quantity advance procurement is not funded at least to the
limits of the Government's liability: Provided further, That
no part of any appropriation contained in this Act shall be
available to initiate multiyear procurement contracts for any
systems or component thereof if the value of the multiyear
contract would exceed $500,000,000 unless specifically provided
in this Act: Provided further, That no multiyear procurement
contract can be terminated without 30-day prior notification to
the congressional defense committees: Provided further, That
the execution of multiyear authority shall require the use of a
present value analysis to determine lowest cost compared to an
annual procurement: Provided further, That none of the funds
provided in this Act may be used for a multiyear contract
executed after the date of the enactment of this Act unless in
the case of any such contract--
(1) the Secretary of Defense has submitted to
Congress a budget request for full funding of units to
be procured through the contract and, in the case of a
contract for procurement of aircraft, that includes,
for any aircraft unit to be procured through the
contract for which procurement funds are requested in
that budget request for production beyond advance
procurement activities in the fiscal year covered by
the budget, full funding of procurement of such unit in
that fiscal year;
(2) cancellation provisions in the contract do not
include consideration of recurring manufacturing costs
of the contractor associated with the production of
unfunded units to be delivered under the contract;
(3) the contract provides that payments to the
contractor under the contract shall not be made in
advance of incurred costs on funded units; and
(4) the contract does not provide for a price
adjustment based on a failure to award a follow-on
contract.
Sec. 8011. Within the funds appropriated for the operation
and maintenance of the Armed Forces, funds are hereby
appropriated pursuant to section 401 of title 10, United States
Code, for humanitarian and civic assistance costs under chapter
20 of title 10, United States Code. Such funds may also be
obligated for humanitarian and civic assistance costs
incidental to authorized operations and pursuant to authority
granted in section 401 of chapter 20 of title 10, United States
Code, and these obligations shall be reported as required by
section 401(d) of title 10, United States Code: Provided, That
funds available for operation and maintenance shall be
available for providing humanitarian and similar assistance by
using Civic Action Teams in the Trust Territories of the
Pacific Islands and freely associated states of Micronesia,
pursuant to the Compact of Free Association as authorized by
Public Law 99-239: Provided further, That upon a determination
by the Secretary of the Army that such action is beneficial for
graduate medical education programs conducted at Army medical
facilities located in Hawaii, the Secretary of the Army may
authorize the provision of medical services at such facilities
and transportation to such facilities, on a nonreimbursable
basis, for civilian patients from American Samoa, the
Commonwealth of the Northern Mariana Islands, the Marshall
Islands, the Federated States of Micronesia, Palau, and Guam.
Sec. 8012. (a) During the current fiscal year, the civilian
personnel of the Department of Defense may not be managed on
the basis of any end-strength, and the management of such
personnel during that fiscal year shall not be subject to any
constraint or limitation (known as an end-strength) on the
number of such personnel who may be employed on the last day of
such fiscal year.
(b) The fiscal year 2021 budget request for the Department of
Defense as well as all justification material and other
documentation supporting the fiscal year 2021 Department of
Defense budget request shall be prepared and submitted to the
Congress as if subsections (a) and (b) of this provision were
effective with regard to fiscal year 2021.
(c) As required by section 1107 of the National Defense
Authorization Act for Fiscal Year 2014 (Public Law 113-66; 10
U.S.C. 2358 note) civilian personnel at the Department of Army
Science and Technology Reinvention Laboratories may not be
managed on the basis of the Table of Distribution and
Allowances, and the management of the workforce strength shall
be done in a manner consistent with the budget available with
respect to such Laboratories.
(d) Nothing in this section shall be construed to apply to
military (civilian) technicians.
Sec. 8013. None of the funds made available by this Act
shall be used in any way, directly or indirectly, to influence
congressional action on any legislation or appropriation
matters pending before the Congress.
Sec. 8014. None of the funds appropriated by this Act shall
be available for the basic pay and allowances of any member of
the Army participating as a full-time student and receiving
benefits paid by the Secretary of Veterans Affairs from the
Department of Defense Education Benefits Fund when time spent
as a full-time student is credited toward completion of a
service commitment: Provided, That this section shall not
apply to those members who have reenlisted with this option
prior to October 1, 1987: Provided further, That this section
applies only to active components of the Army.
(transfer of funds)
Sec. 8015. Funds appropriated in title III of this Act for
the Department of Defense Pilot Mentor-Protege Program may be
transferred to any other appropriation contained in this Act
solely for the purpose of implementing a Mentor-Protege Program
developmental assistance agreement pursuant to section 831 of
the National Defense Authorization Act for Fiscal Year 1991
(Public Law 101-510; 10 U.S.C. 2302 note), as amended, under
the authority of this provision or any other transfer authority
contained in this Act.
Sec. 8016. None of the funds in this Act may be available
for the purchase by the Department of Defense (and its
departments and agencies) of welded shipboard anchor and
mooring chain 4 inches in diameter and under unless the anchor
and mooring chain are manufactured in the United States from
components which are substantially manufactured in the United
States: Provided, That for the purpose of this section, the
term ``manufactured'' shall include cutting, heat treating,
quality control, testing of chain and welding (including the
forging and shot blasting process): Provided further, That for
the purpose of this section substantially all of the components
of anchor and mooring chain shall be considered to be produced
or manufactured in the United States if the aggregate cost of
the components produced or manufactured in the United States
exceeds the aggregate cost of the components produced or
manufactured outside the United States: Provided further, That
when adequate domestic supplies are not available to meet
Department of Defense requirements on a timely basis, the
Secretary of the Service responsible for the procurement may
waive this restriction on a case-by-case basis by certifying in
writing to the Committees on Appropriations that such an
acquisition must be made in order to acquire capability for
national security purposes.
Sec. 8017. None of the funds available in this Act to the
Department of Defense, other than appropriations made for
necessary or routine refurbishments, upgrades or maintenance
activities, shall be used to reduce or to prepare to reduce the
number of deployed and non-deployed strategic delivery vehicles
and launchers below the levels set forth in the report
submitted to Congress in accordance with section 1042 of the
National Defense Authorization Act for Fiscal Year 2012.
Sec. 8018. None of the funds appropriated by this Act shall
be used for the support of any nonappropriated funds activity
of the Department of Defense that procures malt beverages and
wine with nonappropriated funds for resale (including such
alcoholic beverages sold by the drink) on a military
installation located in the United States unless such malt
beverages and wine are procured within that State, or in the
case of the District of Columbia, within the District of
Columbia, in which the military installation is located:
Provided, That, in a case in which the military installation is
located in more than one State, purchases may be made in any
State in which the installation is located: Provided further,
That such local procurement requirements for malt beverages and
wine shall apply to all alcoholic beverages only for military
installations in States which are not contiguous with another
State: Provided further, That alcoholic beverages other than
wine and malt beverages, in contiguous States and the District
of Columbia shall be procured from the most competitive source,
price and other factors considered.
Sec. 8019. None of the funds available to the Department of
Defense may be used to demilitarize or dispose of M-1 Carbines,
M-1 Garand rifles, M-14 rifles, .22 caliber rifles, .30 caliber
rifles, or M-1911 pistols, or to demilitarize or destroy small
arms ammunition or ammunition components that are not otherwise
prohibited from commercial sale under Federal law, unless the
small arms ammunition or ammunition components are certified by
the Secretary of the Army or designee as unserviceable or
unsafe for further use.
Sec. 8020. No more than $500,000 of the funds appropriated
or made available in this Act shall be used during a single
fiscal year for any single relocation of an organization, unit,
activity or function of the Department of Defense into or
within the National Capital Region: Provided, That the
Secretary of Defense may waive this restriction on a case-by-
case basis by certifying in writing to the congressional
defense committees that such a relocation is required in the
best interest of the Government.
Sec. 8021. Of the funds made available in this Act,
$25,000,000 shall be available for incentive payments
authorized by section 504 of the Indian Financing Act of 1974
(25 U.S.C. 1544): Provided, That a prime contractor or a
subcontractor at any tier that makes a subcontract award to any
subcontractor or supplier as defined in section 1544 of title
25, United States Code, or a small business owned and
controlled by an individual or individuals defined under
section 4221(9) of title 25, United States Code, shall be
considered a contractor for the purposes of being allowed
additional compensation under section 504 of the Indian
Financing Act of 1974 (25 U.S.C. 1544) whenever the prime
contract or subcontract amount is over $500,000 and involves
the expenditure of funds appropriated by an Act making
appropriations for the Department of Defense with respect to
any fiscal year: Provided further, That notwithstanding
section 1906 of title 41, United States Code, this section
shall be applicable to any Department of Defense acquisition of
supplies or services, including any contract and any
subcontract at any tier for acquisition of commercial items
produced or manufactured, in whole or in part, by any
subcontractor or supplier defined in section 1544 of title 25,
United States Code, or a small business owned and controlled by
an individual or individuals defined under section 4221(9) of
title 25, United States Code.
Sec. 8022. Funds appropriated by this Act for the Defense
Media Activity shall not be used for any national or
international political or psychological activities.
Sec. 8023. During the current fiscal year, the Department of
Defense is authorized to incur obligations of not to exceed
$350,000,000 for purposes specified in section 2350j(c) of
title 10, United States Code, in anticipation of receipt of
contributions, only from the Government of Kuwait, under that
section: Provided, That, upon receipt, such contributions from
the Government of Kuwait shall be credited to the
appropriations or fund which incurred such obligations.
Sec. 8024. (a) Of the funds made available in this Act, not
less than $51,800,000 shall be available for the Civil Air
Patrol Corporation, of which--
(1) $39,100,000 shall be available from ``Operation
and Maintenance, Air Force'' to support Civil Air
Patrol Corporation operation and maintenance,
readiness, counter-drug activities, and drug demand
reduction activities involving youth programs;
(2) $11,000,000 shall be available from ``Aircraft
Procurement, Air Force''; and
(3) $1,700,000 shall be available from ``Other
Procurement, Air Force'' for vehicle procurement.
(b) The Secretary of the Air Force should waive reimbursement
for any funds used by the Civil Air Patrol for counter-drug
activities in support of Federal, State, and local government
agencies.
Sec. 8025. (a) None of the funds appropriated in this Act are
available to establish a new Department of Defense (department)
federally funded research and development center (FFRDC),
either as a new entity, or as a separate entity administrated
by an organization managing another FFRDC, or as a nonprofit
membership corporation consisting of a consortium of other
FFRDCs and other nonprofit entities.
(b) No member of a Board of Directors, Trustees, Overseers,
Advisory Group, Special Issues Panel, Visiting Committee, or
any similar entity of a defense FFRDC, and no paid consultant
to any defense FFRDC, except when acting in a technical
advisory capacity, may be compensated for his or her services
as a member of such entity, or as a paid consultant by more
than one FFRDC in a fiscal year: Provided, That a member of
any such entity referred to previously in this subsection shall
be allowed travel expenses and per diem as authorized under the
Federal Joint Travel Regulations, when engaged in the
performance of membership duties.
(c) Notwithstanding any other provision of law, none of the
funds available to the department from any source during the
current fiscal year may be used by a defense FFRDC, through a
fee or other payment mechanism, for construction of new
buildings not located on a military installation, for payment
of cost sharing for projects funded by Government grants, for
absorption of contract overruns, or for certain charitable
contributions, not to include employee participation in
community service and/or development.
(d) Notwithstanding any other provision of law, of the funds
available to the department during fiscal year 2020, not more
than 6,053 staff years of technical effort (staff years) may be
funded for defense FFRDCs: Provided, That, of the specific
amount referred to previously in this subsection, not more than
1,148 staff years may be funded for the defense studies and
analysis FFRDCs: Provided further, That this subsection shall
not apply to staff years funded in the National Intelligence
Program and the Military Intelligence Program.
(e) The Secretary of Defense shall, with the submission of
the department's fiscal year 2021 budget request, submit a
report presenting the specific amounts of staff years of
technical effort to be allocated for each defense FFRDC during
that fiscal year and the associated budget estimates.
Sec. 8026. None of the funds appropriated or made available
in this Act shall be used to procure carbon, alloy, or armor
steel plate for use in any Government-owned facility or
property under the control of the Department of Defense which
were not melted and rolled in the United States or Canada:
Provided, That these procurement restrictions shall apply to
any and all Federal Supply Class 9515, American Society of
Testing and Materials (ASTM) or American Iron and Steel
Institute (AISI) specifications of carbon, alloy or armor steel
plate: Provided further, That the Secretary of the military
department responsible for the procurement may waive this
restriction on a case-by-case basis by certifying in writing to
the Committees on Appropriations of the House of
Representatives and the Senate that adequate domestic supplies
are not available to meet Department of Defense requirements on
a timely basis and that such an acquisition must be made in
order to acquire capability for national security purposes:
Provided further, That these restrictions shall not apply to
contracts which are in being as of the date of the enactment of
this Act.
Sec. 8027. For the purposes of this Act, the term
``congressional defense committees'' means the Armed Services
Committee of the House of Representatives, the Armed Services
Committee of the Senate, the Subcommittee on Defense of the
Committee on Appropriations of the Senate, and the Subcommittee
on Defense of the Committee on Appropriations of the House of
Representatives.
Sec. 8028. During the current fiscal year, the Department of
Defense may acquire the modification, depot maintenance and
repair of aircraft, vehicles and vessels as well as the
production of components and other Defense-related articles,
through competition between Department of Defense depot
maintenance activities and private firms: Provided, That the
Senior Acquisition Executive of the military department or
Defense Agency concerned, with power of delegation, shall
certify that successful bids include comparable estimates of
all direct and indirect costs for both public and private bids:
Provided further, That Office of Management and Budget
Circular A-76 shall not apply to competitions conducted under
this section.
Sec. 8029. (a)(1) If the Secretary of Defense, after
consultation with the United States Trade Representative,
determines that a foreign country which is party to an
agreement described in paragraph (2) has violated the terms of
the agreement by discriminating against certain types of
products produced in the United States that are covered by the
agreement, the Secretary of Defense shall rescind the
Secretary's blanket waiver of the Buy American Act with respect
to such types of products produced in that foreign country.
(2) An agreement referred to in paragraph (1) is any
reciprocal defense procurement memorandum of understanding,
between the United States and a foreign country pursuant to
which the Secretary of Defense has prospectively waived the Buy
American Act for certain products in that country.
(b) The Secretary of Defense shall submit to the Congress a
report on the amount of Department of Defense purchases from
foreign entities in fiscal year 2020. Such report shall
separately indicate the dollar value of items for which the Buy
American Act was waived pursuant to any agreement described in
subsection (a)(2), the Trade Agreement Act of 1979 (19 U.S.C.
2501 et seq.), or any international agreement to which the
United States is a party.
(c) For purposes of this section, the term ``Buy American
Act'' means chapter 83 of title 41, United States Code.
Sec. 8030. During the current fiscal year, amounts contained
in the Department of Defense Overseas Military Facility
Investment Recovery Account established by section 2921(c)(1)
of the National Defense Authorization Act of 1991 (Public Law
101-510; 10 U.S.C. 2687 note) shall be available until expended
for the payments specified by section 2921(c)(2) of that Act.
Sec. 8031. (a) Notwithstanding any other provision of law,
the Secretary of the Air Force may convey at no cost to the Air
Force, without consideration, to Indian tribes located in the
States of Nevada, Idaho, North Dakota, South Dakota, Montana,
Oregon, Minnesota, and Washington relocatable military housing
units located at Grand Forks Air Force Base, Malmstrom Air
Force Base, Mountain Home Air Force Base, Ellsworth Air Force
Base, and Minot Air Force Base that are excess to the needs of
the Air Force.
(b) The Secretary of the Air Force shall convey, at no cost
to the Air Force, military housing units under subsection (a)
in accordance with the request for such units that are
submitted to the Secretary by the Operation Walking Shield
Program on behalf of Indian tribes located in the States of
Nevada, Idaho, North Dakota, South Dakota, Montana, Oregon,
Minnesota, and Washington. Any such conveyance shall be subject
to the condition that the housing units shall be removed within
a reasonable period of time, as determined by the Secretary.
(c) The Operation Walking Shield Program shall resolve any
conflicts among requests of Indian tribes for housing units
under subsection (a) before submitting requests to the
Secretary of the Air Force under subsection (b).
(d) In this section, the term ``Indian tribe'' means any
recognized Indian tribe included on the current list published
by the Secretary of the Interior under section 104 of the
Federally Recognized Indian Tribe Act of 1994 (Public Law 103-
454; 108 Stat. 4792; 25 U.S.C. 5131).
Sec. 8032. During the current fiscal year, appropriations
which are available to the Department of Defense for operation
and maintenance may be used to purchase items having an
investment item unit cost of not more than $250,000.
Sec. 8033. None of the funds made available by this Act may
be used to--
(1) disestablish, or prepare to disestablish, a
Senior Reserve Officers' Training Corps program in
accordance with Department of Defense Instruction
Number 1215.08, dated June 26, 2006; or
(2) close, downgrade from host to extension center,
or place on probation a Senior Reserve Officers'
Training Corps program in accordance with the
information paper of the Department of the Army titled
``Army Senior Reserve Officer's Training Corps (SROTC)
Program Review and Criteria'', dated January 27, 2014.
Sec. 8034. Amounts appropriated for ``Procurement, Defense-
Wide'' in this Act may be used for the purchase of up to 24 new
passenger carrying motor vehicles at a cost of not more than
$47,000 per vehicle for use by the Defense POW/MIA Accounting
Agency in carrying out the responsibilities specified in
section 1501 of title 10, United States Code, in the United
States Indo-Pacific Command, notwithstanding price or other
limitations applicable to the purchase of passenger carrying
vehicles.
Sec. 8035. Up to $14,000,000 of the funds appropriated under
the heading ``Operation and Maintenance, Navy'' may be made
available for the Asia Pacific Regional Initiative Program for
the purpose of enabling the Pacific Command to execute Theater
Security Cooperation activities such as humanitarian
assistance, and payment of incremental and personnel costs of
training and exercising with foreign security forces:
Provided, That funds made available for this purpose may be
used, notwithstanding any other funding authorities for
humanitarian assistance, security assistance or combined
exercise expenses: Provided further, That funds may not be
obligated to provide assistance to any foreign country that is
otherwise prohibited from receiving such type of assistance
under any other provision of law.
Sec. 8036. The Secretary of Defense shall issue regulations
to prohibit the sale of any tobacco or tobacco-related products
in military resale outlets in the United States, its
territories and possessions at a price below the most
competitive price in the local community: Provided, That such
regulations shall direct that the prices of tobacco or tobacco-
related products in overseas military retail outlets shall be
within the range of prices established for military retail
system stores located in the United States.
Sec. 8037. (a) During the current fiscal year, none of the
appropriations or funds available to the Department of Defense
Working Capital Funds shall be used for the purchase of an
investment item for the purpose of acquiring a new inventory
item for sale or anticipated sale during the current fiscal
year or a subsequent fiscal year to customers of the Department
of Defense Working Capital Funds if such an item would not have
been chargeable to the Department of Defense Business
Operations Fund during fiscal year 1994 and if the purchase of
such an investment item would be chargeable during the current
fiscal year to appropriations made to the Department of Defense
for procurement.
(b) The fiscal year 2021 budget request for the Department of
Defense as well as all justification material and other
documentation supporting the fiscal year 2021 Department of
Defense budget shall be prepared and submitted to the Congress
on the basis that any equipment which was classified as an end
item and funded in a procurement appropriation contained in
this Act shall be budgeted for in a proposed fiscal year 2021
procurement appropriation and not in the supply management
business area or any other area or category of the Department
of Defense Working Capital Funds.
Sec. 8038. None of the funds appropriated by this Act for
programs of the Central Intelligence Agency shall remain
available for obligation beyond the current fiscal year, except
for funds appropriated for the Reserve for Contingencies, which
shall remain available until September 30, 2021: Provided,
That funds appropriated, transferred, or otherwise credited to
the Central Intelligence Agency Central Services Working
Capital Fund during this or any prior or subsequent fiscal year
shall remain available until expended: Provided further, That
any funds appropriated or transferred to the Central
Intelligence Agency for advanced research and development
acquisition, for agent operations, and for covert action
programs authorized by the President under section 503 of the
National Security Act of 1947 (50 U.S.C. 3093) shall remain
available until September 30, 2021.
Sec. 8039. Of the funds appropriated to the Department of
Defense under the heading ``Operation and Maintenance, Defense-
Wide'', not less than $12,000,000 shall be made available only
for the mitigation of environmental impacts, including training
and technical assistance to tribes, related administrative
support, the gathering of information, documenting of
environmental damage, and developing a system for
prioritization of mitigation and cost to complete estimates for
mitigation, on Indian lands resulting from Department of
Defense activities.
Sec. 8040. (a) None of the funds appropriated in this Act may
be expended by an entity of the Department of Defense unless
the entity, in expending the funds, complies with the Buy
American Act. For purposes of this subsection, the term ``Buy
American Act'' means chapter 83 of title 41, United States
Code.
(b) If the Secretary of Defense determines that a person has
been convicted of intentionally affixing a label bearing a
``Made in America'' inscription to any product sold in or
shipped to the United States that is not made in America, the
Secretary shall determine, in accordance with section 2410f of
title 10, United States Code, whether the person should be
debarred from contracting with the Department of Defense.
(c) In the case of any equipment or products purchased with
appropriations provided under this Act, it is the sense of the
Congress that any entity of the Department of Defense, in
expending the appropriation, purchase only American-made
equipment and products, provided that American-made equipment
and products are cost-competitive, quality competitive, and
available in a timely fashion.
Sec. 8041. (a) Except as provided in subsections (b) and (c),
none of the funds made available by this Act may be used--
(1) to establish a field operating agency; or
(2) to pay the basic pay of a member of the Armed
Forces or civilian employee of the department who is
transferred or reassigned from a headquarters activity
if the member or employee's place of duty remains at
the location of that headquarters.
(b) The Secretary of Defense or Secretary of a military
department may waive the limitations in subsection (a), on a
case-by-case basis, if the Secretary determines, and certifies
to the Committees on Appropriations of the House of
Representatives and the Senate that the granting of the waiver
will reduce the personnel requirements or the financial
requirements of the department.
(c) This section does not apply to--
(1) field operating agencies funded within the
National Intelligence Program;
(2) an Army field operating agency established to
eliminate, mitigate, or counter the effects of
improvised explosive devices, and, as determined by the
Secretary of the Army, other similar threats;
(3) an Army field operating agency established to
improve the effectiveness and efficiencies of biometric
activities and to integrate common biometric
technologies throughout the Department of Defense; or
(4) an Air Force field operating agency established
to administer the Air Force Mortuary Affairs Program
and Mortuary Operations for the Department of Defense
and authorized Federal entities.
Sec. 8042. (a) None of the funds appropriated by this Act
shall be available to convert to contractor performance an
activity or function of the Department of Defense that, on or
after the date of the enactment of this Act, is performed by
Department of Defense civilian employees unless--
(1) the conversion is based on the result of a
public-private competition that includes a most
efficient and cost effective organization plan
developed by such activity or function;
(2) the Competitive Sourcing Official determines
that, over all performance periods stated in the
solicitation of offers for performance of the activity
or function, the cost of performance of the activity or
function by a contractor would be less costly to the
Department of Defense by an amount that equals or
exceeds the lesser of--
(A) 10 percent of the most efficient
organization's personnel-related costs for
performance of that activity or function by
Federal employees; or
(B) $10,000,000; and
(3) the contractor does not receive an advantage for
a proposal that would reduce costs for the Department
of Defense by--
(A) not making an employer-sponsored health
insurance plan available to the workers who are
to be employed in the performance of that
activity or function under the contract; or
(B) offering to such workers an employer-
sponsored health benefits plan that requires
the employer to contribute less towards the
premium or subscription share than the amount
that is paid by the Department of Defense for
health benefits for civilian employees under
chapter 89 of title 5, United States Code.
(b)(1) The Department of Defense, without regard to
subsection (a) of this section or subsection (a), (b), or (c)
of section 2461 of title 10, United States Code, and
notwithstanding any administrative regulation, requirement, or
policy to the contrary shall have full authority to enter into
a contract for the performance of any commercial or industrial
type function of the Department of Defense that--
(A) is included on the procurement list established
pursuant to section 2 of the Javits-Wagner-O'Day Act
(section 8503 of title 41, United States Code);
(B) is planned to be converted to performance by a
qualified nonprofit agency for the blind or by a
qualified nonprofit agency for other severely
handicapped individuals in accordance with that Act; or
(C) is planned to be converted to performance by a
qualified firm under at least 51 percent ownership by
an Indian tribe, as defined in section 4(e) of the
Indian Self-Determination and Education Assistance Act
(25 U.S.C. 450b(e)), or a Native Hawaiian Organization,
as defined in section 8(a)(15) of the Small Business
Act (15 U.S.C. 637(a)(15)).
(2) This section shall not apply to depot contracts or
contracts for depot maintenance as provided in sections 2469
and 2474 of title 10, United States Code.
(c) The conversion of any activity or function of the
Department of Defense under the authority provided by this
section shall be credited toward any competitive or outsourcing
goal, target, or measurement that may be established by
statute, regulation, or policy and is deemed to be awarded
under the authority of, and in compliance with, subsection (h)
of section 2304 of title 10, United States Code, for the
competition or outsourcing of commercial activities.
(rescissions)
Sec. 8043. Of the funds appropriated in Department of
Defense Appropriations Acts, the following funds are hereby
rescinded from the following accounts and programs in the
specified amounts: Provided, That no amounts may be rescinded
from amounts that were designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism or as an
emergency requirement pursuant to the Concurrent Resolution on
the Budget or the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended:
``Shipbuilding and Conversion, Navy: DDG-51
Destroyer'', 2012/2020, $44,500,000;
``Shipbuilding and Conversion, Navy: LCAC SLEP'',
2013/2022, $2,000,000;
``Aircraft Procurement, Army'', 2018/2020,
$44,000,000;
``Missile Procurement, Army'', 2018/2020, $5,182,000;
``Weapons and Tracked Combat Vehicles, Army'', 2018/
2020, $97,000,000;
``Other Procurement, Army'', 2018/2020, $5,685,000;
``Aircraft Procurement, Navy'', 2018/2020,
$114,781,000;
``Other Procurement, Navy'', 2018/2020, $23,526,000;
``Procurement, Marine Corps'', 2018/2020, $9,046,000;
``Aircraft Procurement, Air Force'', 2018/2020,
$160,975,000;
``Missile Procurement, Air Force'', 2018/2020,
$75,973,000;
``Other Procurement, Air Force'', 2018/2020,
$26,000,000;
``Operation and Maintenance, Defense-Wide: Defense
Security Cooperation Agency'', 2019/2020, $21,314,000;
``Aircraft Procurement, Army'', 2019/2021,
$58,600,000;
``Missile Procurement, Army'', 2019/2021,
$67,798,000;
``Weapons and Tracked Combat Vehicles, Army'', 2019/
2021, $215,946,000;
``Other Procurement, Army'', 2019/2021, $107,483,000;
``Aircraft Procurement, Navy'', 2019/2021,
$307,100,000;
``Procurement of Ammunition, Navy and Marine Corps'',
2019/2021, $22,000,000;
``Shipbuilding and Conversion, Navy: DDG-51 Destroyer
Advance Procurement'', 2019/2023, $51,000,000;
``Shipbuilding and Conversion, Navy: LPD-17 Advance
Procurement'', 2019/2023, $102,900,000;
``Other Procurement, Navy'', 2019/2021, $24,770,000;
``Procurement, Marine Corps'', 2019/2021,
$74,756,000;
``Aircraft Procurement, Air Force'', 2019/2021,
$713,455,000;
``Missile Procurement, Air Force'', 2019/2021,
$39,979,000;
``Space Procurement, Air Force'', 2019/2021,
$164,300,000;
``Procurement of Ammunition, Air Force'', 2019/2021,
$236,100,000;
``Procurement, Defense-Wide'', 2019/2021,
$337,000,000;
``Research, Development, Test and Evaluation, Army'',
2019/2020, $150,276,000;
``Research, Development, Test and Evaluation, Navy'',
2019/2020, $230,957,000;
``Research, Development, Test and Evaluation, Air
Force'', 2019/2020, $263,050,000;
``Research, Development, Test and Evaluation,
Defense-Wide'', 2019/2020, $267,000,000; and
``Defense Health Program: Research, Development, Test
and Evaluation'', 2019/2020, $26,200,000.
Sec. 8044. None of the funds available in this Act may be
used to reduce the authorized positions for military
technicians (dual status) of the Army National Guard, Air
National Guard, Army Reserve and Air Force Reserve for the
purpose of applying any administratively imposed civilian
personnel ceiling, freeze, or reduction on military technicians
(dual status), unless such reductions are a direct result of a
reduction in military force structure.
Sec. 8045. None of the funds appropriated or otherwise made
available in this Act may be obligated or expended for
assistance to the Democratic People's Republic of Korea unless
specifically appropriated for that purpose: Provided, That
this restriction shall not apply to any activities incidental
to the Defense POW/MIA Accounting Agency mission to recover and
identify the remains of United States Armed Forces personnel
from the Democratic People's Republic of Korea.
Sec. 8046. Funds appropriated in this Act for operation and
maintenance of the Military Departments, Combatant Commands and
Defense Agencies shall be available for reimbursement of pay,
allowances and other expenses which would otherwise be incurred
against appropriations for the National Guard and Reserve when
members of the National Guard and Reserve provide intelligence
or counterintelligence support to Combatant Commands, Defense
Agencies and Joint Intelligence Activities, including the
activities and programs included within the National
Intelligence Program and the Military Intelligence Program:
Provided, That nothing in this section authorizes deviation
from established Reserve and National Guard personnel and
training procedures.
Sec. 8047. (a) None of the funds available to the Department
of Defense for any fiscal year for drug interdiction or
counter-drug activities may be transferred to any other
department or agency of the United States except as
specifically provided in an appropriations law.
(b) None of the funds available to the Central Intelligence
Agency for any fiscal year for drug interdiction or counter-
drug activities may be transferred to any other department or
agency of the United States except as specifically provided in
an appropriations law.
Sec. 8048. None of the funds appropriated by this Act may be
used for the procurement of ball and roller bearings other than
those produced by a domestic source and of domestic origin:
Provided, That the Secretary of the military department
responsible for such procurement may waive this restriction on
a case-by-case basis by certifying in writing to the Committees
on Appropriations of the House of Representatives and the
Senate, that adequate domestic supplies are not available to
meet Department of Defense requirements on a timely basis and
that such an acquisition must be made in order to acquire
capability for national security purposes: Provided further,
That this restriction shall not apply to the purchase of
``commercial items'', as defined by section 103 of title 41,
United States Code, except that the restriction shall apply to
ball or roller bearings purchased as end items.
Sec. 8049. Of the amounts appropriated for ``Working Capital
Fund, Army'', $129,000,000 shall be available to maintain
competitive rates at the arsenals.
Sec. 8050. In addition to the amounts appropriated or
otherwise made available elsewhere in this Act, $44,000,000 is
hereby appropriated to the Department of Defense: Provided,
That upon the determination of the Secretary of Defense that it
shall serve the national interest, the Secretary shall make
grants in the amounts specified as follows: $20,000,000 to the
United Service Organizations and $24,000,000 to the Red Cross.
Sec. 8051. None of the funds in this Act may be used to
purchase any supercomputer which is not manufactured in the
United States, unless the Secretary of Defense certifies to the
congressional defense committees that such an acquisition must
be made in order to acquire capability for national security
purposes that is not available from United States
manufacturers.
Sec. 8052. Notwithstanding any other provision in this Act,
the Small Business Innovation Research program and the Small
Business Technology Transfer program set-asides shall be taken
proportionally from all programs, projects, or activities to
the extent they contribute to the extramural budget.
Sec. 8053. None of the funds available to the Department of
Defense under this Act shall be obligated or expended to pay a
contractor under a contract with the Department of Defense for
costs of any amount paid by the contractor to an employee
when--
(1) such costs are for a bonus or otherwise in excess
of the normal salary paid by the contractor to the
employee; and
(2) such bonus is part of restructuring costs
associated with a business combination.
(including transfer of funds)
Sec. 8054. During the current fiscal year, no more than
$30,000,000 of appropriations made in this Act under the
heading ``Operation and Maintenance, Defense-Wide'' may be
transferred to appropriations available for the pay of military
personnel, to be merged with, and to be available for the same
time period as the appropriations to which transferred, to be
used in support of such personnel in connection with support
and services for eligible organizations and activities outside
the Department of Defense pursuant to section 2012 of title 10,
United States Code.
Sec. 8055. During the current fiscal year, in the case of an
appropriation account of the Department of Defense for which
the period of availability for obligation has expired or which
has closed under the provisions of section 1552 of title 31,
United States Code, and which has a negative unliquidated or
unexpended balance, an obligation or an adjustment of an
obligation may be charged to any current appropriation account
for the same purpose as the expired or closed account if--
(1) the obligation would have been properly
chargeable (except as to amount) to the expired or
closed account before the end of the period of
availability or closing of that account;
(2) the obligation is not otherwise properly
chargeable to any current appropriation account of the
Department of Defense; and
(3) in the case of an expired account, the obligation
is not chargeable to a current appropriation of the
Department of Defense under the provisions of section
1405(b)(8) of the National Defense Authorization Act
for Fiscal Year 1991, Public Law 101-510, as amended
(31 U.S.C. 1551 note): Provided, That in the case of
an expired account, if subsequent review or
investigation discloses that there was not in fact a
negative unliquidated or unexpended balance in the
account, any charge to a current account under the
authority of this section shall be reversed and
recorded against the expired account: Provided
further, That the total amount charged to a current
appropriation under this section may not exceed an
amount equal to 1 percent of the total appropriation
for that account:
Provided, That the Under Secretary of Defense (Comptroller)
shall include with the budget of the President for fiscal year
2021 (as submitted to Congress pursuant to section 1105 of
title 31, United States Code) a statement describing each
instance if any, during each of the fiscal years 2015 through
2020 in which the authority in this section was exercised.
Sec. 8056. (a) Notwithstanding any other provision of law,
the Chief of the National Guard Bureau may permit the use of
equipment of the National Guard Distance Learning Project by
any person or entity on a space-available, reimbursable basis.
The Chief of the National Guard Bureau shall establish the
amount of reimbursement for such use on a case-by-case basis.
(b) Amounts collected under subsection (a) shall be credited
to funds available for the National Guard Distance Learning
Project and be available to defray the costs associated with
the use of equipment of the project under that subsection. Such
funds shall be available for such purposes without fiscal year
limitation.
(including transfer of funds)
Sec. 8057. Of the funds appropriated in this Act under the
heading ``Operation and Maintenance, Defense-Wide'',
$35,000,000 shall be for continued implementation and expansion
of the Sexual Assault Special Victims' Counsel Program:
Provided, That the funds are made available for transfer to the
Department of the Army, the Department of the Navy, and the
Department of the Air Force: Provided further, That funds
transferred shall be merged with and available for the same
purposes and for the same time period as the appropriations to
which the funds are transferred: Provided further, That this
transfer authority is in addition to any other transfer
authority provided in this Act.
Sec. 8058. None of the funds appropriated in title IV of
this Act may be used to procure end-items for delivery to
military forces for operational training, operational use or
inventory requirements: Provided, That this restriction does
not apply to end-items used in development, prototyping, and
test activities preceding and leading to acceptance for
operational use: Provided further, That the Secretary of
Defense shall, at the time of the submittal to Congress of the
budget of the President for fiscal year 2021 pursuant to
section 1105 of title 31, United States Code, submit to the
congressional defense committees a report detailing the use of
funds requested in research, development, test and evaluation
accounts for end-items used in development, prototyping and
test activities preceding and leading to acceptance for
operational use: Provided further, That the report shall set
forth, for each end-item covered by the preceding proviso, a
detailed list of the statutory authorities under which amounts
in the accounts described in that proviso were used for such
item: Provided further, That this restriction does not apply
to programs funded within the National Intelligence Program:
Provided further, That the Secretary of Defense may waive this
restriction on a case-by-case basis by certifying in writing to
the Committees on Appropriations of the House of
Representatives and the Senate that it is in the national
security interest to do so.
Sec. 8059. (a) The Secretary of Defense may, on a case-by-
case basis, waive with respect to a foreign country each
limitation on the procurement of defense items from foreign
sources provided in law if the Secretary determines that the
application of the limitation with respect to that country
would invalidate cooperative programs entered into between the
Department of Defense and the foreign country, or would
invalidate reciprocal trade agreements for the procurement of
defense items entered into under section 2531 of title 10,
United States Code, and the country does not discriminate
against the same or similar defense items produced in the
United States for that country.
(b) Subsection (a) applies with respect to--
(1) contracts and subcontracts entered into on or
after the date of the enactment of this Act; and
(2) options for the procurement of items that are
exercised after such date under contracts that are
entered into before such date if the option prices are
adjusted for any reason other than the application of a
waiver granted under subsection (a).
(c) Subsection (a) does not apply to a limitation regarding
construction of public vessels, ball and roller bearings, food,
and clothing or textile materials as defined by section XI
(chapters 50-65) of the Harmonized Tariff Schedule of the
United States and products classified under headings 4010,
4202, 4203, 6401 through 6406, 6505, 7019, 7218 through 7229,
7304.41 through 7304.49, 7306.40, 7502 through 7508, 8105,
8108, 8109, 8211, 8215, and 9404.
Sec. 8060. None of the funds appropriated or otherwise made
available by this or other Department of Defense Appropriations
Acts may be obligated or expended for the purpose of performing
repairs or maintenance to military family housing units of the
Department of Defense, including areas in such military family
housing units that may be used for the purpose of conducting
official Department of Defense business.
Sec. 8061. Notwithstanding any other provision of law, funds
appropriated in this Act under the heading ``Research,
Development, Test and Evaluation, Defense-Wide'' for any new
start advanced concept technology demonstration project or
joint capability demonstration project may only be obligated 45
days after a report, including a description of the project,
the planned acquisition and transition strategy and its
estimated annual and total cost, has been provided in writing
to the congressional defense committees.
Sec. 8062. The Secretary of Defense shall continue to
provide a classified quarterly report to the House and Senate
Appropriations Committees, Subcommittees on Defense on certain
matters as directed in the classified annex accompanying this
Act.
Sec. 8063. Notwithstanding section 12310(b) of title 10,
United States Code, a Reserve who is a member of the National
Guard serving on full-time National Guard duty under section
502(f) of title 32, United States Code, may perform duties in
support of the ground-based elements of the National Ballistic
Missile Defense System.
Sec. 8064. None of the funds provided in this Act may be
used to transfer to any nongovernmental entity ammunition held
by the Department of Defense that has a center-fire cartridge
and a United States military nomenclature designation of
``armor penetrator'', ``armor piercing (AP)'', ``armor piercing
incendiary (API)'', or ``armor-piercing incendiary tracer (API-
T)'', except to an entity performing demilitarization services
for the Department of Defense under a contract that requires
the entity to demonstrate to the satisfaction of the Department
of Defense that armor piercing projectiles are either: (1)
rendered incapable of reuse by the demilitarization process; or
(2) used to manufacture ammunition pursuant to a contract with
the Department of Defense or the manufacture of ammunition for
export pursuant to a License for Permanent Export of
Unclassified Military Articles issued by the Department of
State.
Sec. 8065. Notwithstanding any other provision of law, the
Chief of the National Guard Bureau, or his designee, may waive
payment of all or part of the consideration that otherwise
would be required under section 2667 of title 10, United States
Code, in the case of a lease of personal property for a period
not in excess of 1 year to any organization specified in
section 508(d) of title 32, United States Code, or any other
youth, social, or fraternal nonprofit organization as may be
approved by the Chief of the National Guard Bureau, or his
designee, on a case-by-case basis.
(including transfer of funds)
Sec. 8066. Of the amounts appropriated in this Act under the
heading ``Operation and Maintenance, Army'', $138,103,000 shall
remain available until expended: Provided, That,
notwithstanding any other provision of law, the Secretary of
Defense is authorized to transfer such funds to other
activities of the Federal Government: Provided further, That
the Secretary of Defense is authorized to enter into and carry
out contracts for the acquisition of real property,
construction, personal services, and operations related to
projects carrying out the purposes of this section: Provided
further, That contracts entered into under the authority of
this section may provide for such indemnification as the
Secretary determines to be necessary: Provided further, That
projects authorized by this section shall comply with
applicable Federal, State, and local law to the maximum extent
consistent with the national security, as determined by the
Secretary of Defense.
Sec. 8067. (a) None of the funds appropriated in this or any
other Act may be used to take any action to modify--
(1) the appropriations account structure for the
National Intelligence Program budget, including through
the creation of a new appropriation or new
appropriation account;
(2) how the National Intelligence Program budget
request is presented in the unclassified P-1, R-1, and
O-1 documents supporting the Department of Defense
budget request;
(3) the process by which the National Intelligence
Program appropriations are apportioned to the executing
agencies; or
(4) the process by which the National Intelligence
Program appropriations are allotted, obligated and
disbursed.
(b) Nothing in subsection (a) shall be construed to prohibit
the merger of programs or changes to the National Intelligence
Program budget at or below the Expenditure Center level,
provided such change is otherwise in accordance with paragraphs
(a)(1)-(3).
(c) The Director of National Intelligence and the Secretary
of Defense may jointly, only for the purposes of achieving
auditable financial statements and improving fiscal reporting,
study and develop detailed proposals for alternative financial
management processes. Such study shall include a comprehensive
counterintelligence risk assessment to ensure that none of the
alternative processes will adversely affect
counterintelligence.
(d) Upon development of the detailed proposals defined under
subsection (c), the Director of National Intelligence and the
Secretary of Defense shall--
(1) provide the proposed alternatives to all affected
agencies;
(2) receive certification from all affected agencies
attesting that the proposed alternatives will help
achieve auditability, improve fiscal reporting, and
will not adversely affect counterintelligence; and
(3) not later than 30 days after receiving all
necessary certifications under paragraph (2), present
the proposed alternatives and certifications to the
congressional defense and intelligence committees.
Sec. 8068. In addition to amounts provided elsewhere in this
Act, $10,000,000 is hereby appropriated to the Department of
Defense, to remain available for obligation until expended:
Provided, That notwithstanding any other provision of law, that
upon the determination of the Secretary of Defense that it
shall serve the national interest, these funds shall be
available only for a grant to the Fisher House Foundation,
Inc., only for the construction and furnishing of additional
Fisher Houses to meet the needs of military family members when
confronted with the illness or hospitalization of an eligible
military beneficiary.
(including transfer of funds)
Sec. 8069. Of the amounts appropriated for ``Operation and
Maintenance, Navy'', up to $1,000,000 shall be available for
transfer to the John C. Stennis Center for Public Service
Development Trust Fund established under section 116 of the
John C. Stennis Center for Public Service Training and
Development Act (2 U.S.C. 1105).
Sec. 8070. None of the funds available to the Department of
Defense may be obligated to modify command and control
relationships to give Fleet Forces Command operational and
administrative control of United States Navy forces assigned to
the Pacific fleet: Provided, That the command and control
relationships which existed on October 1, 2004, shall remain in
force until a written modification has been proposed to the
House and Senate Appropriations Committees: Provided further,
That the proposed modification may be implemented 30 days after
the notification unless an objection is received from either
the House or Senate Appropriations Committees: Provided
further, That any proposed modification shall not preclude the
ability of the commander of United States Indo-Pacific Command
to meet operational requirements.
Sec. 8071. Any notice that is required to be submitted to
the Committees on Appropriations of the Senate and the House of
Representatives under section 806(c)(4) of the Bob Stump
National Defense Authorization Act for Fiscal Year 2003 (10
U.S.C. 2302 note) after the date of the enactment of this Act
shall be submitted pursuant to that requirement concurrently to
the Subcommittees on Defense of the Committees on
Appropriations of the Senate and the House of Representatives.
(including transfer of funds)
Sec. 8072. Of the amounts appropriated in this Act under the
headings ``Procurement, Defense-Wide'' and ``Research,
Development, Test and Evaluation, Defense-Wide'', $500,000,000
shall be for the Israeli Cooperative Programs: Provided, That
of this amount, $95,000,000 shall be for the Secretary of
Defense to provide to the Government of Israel for the
procurement of the Iron Dome defense system to counter short-
range rocket threats, subject to the U.S.-Israel Iron Dome
Procurement Agreement, as amended; $191,000,000 shall be for
the Short Range Ballistic Missile Defense (SRBMD) program,
including cruise missile defense research and development under
the SRBMD program, of which $50,000,000 shall be for co-
production activities of SRBMD systems in the United States and
in Israel to meet Israel's defense requirements consistent with
each nation's laws, regulations, and procedures, subject to the
U.S.-Israeli co-production agreement for SRBMD, as amended;
$55,000,000 shall be for an upper-tier component to the Israeli
Missile Defense Architecture, of which $55,000,000 shall be for
co-production activities of Arrow 3 Upper Tier systems in the
United States and in Israel to meet Israel's defense
requirements consistent with each nation's laws, regulations,
and procedures, subject to the U.S.-Israeli co-production
agreement for Arrow 3 Upper Tier, as amended; and $159,000,000
shall be for the Arrow System Improvement Program including
development of a long range, ground and airborne, detection
suite: Provided further, That the transfer authority provided
under this provision is in addition to any other transfer
authority contained in this Act.
(including transfer of funds)
Sec. 8073. Of the amounts appropriated in this Act under the
heading ``Shipbuilding and Conversion, Navy'', $104,700,000
shall be available until September 30, 2020, to fund prior year
shipbuilding cost increases: Provided, That upon enactment of
this Act, the Secretary of the Navy shall transfer funds to the
following appropriations in the amounts specified: Provided
further, That the amounts transferred shall be merged with and
be available for the same purposes as the appropriations to
which transferred to:
(1) Under the heading ``Shipbuilding and Conversion,
Navy'', 2016/2020: Littoral Combat Ship $14,000,000;
(2) Under the heading ``Shipbuilding and Conversion,
Navy'', 2016/2020: Expeditionary Sea Base $38,000,000;
(3) Under the heading ``Shipbuilding and Conversion,
Navy'', 2018/2020: TAO Fleet Oiler $3,700,000; and
(4) Under the heading ``Shipbuilding and Conversion,
Navy'', 2019/2020: Expeditionary Fast Transport
$49,000,000.
Sec. 8074. Funds appropriated by this Act, or made available
by the transfer of funds in this Act, for intelligence
activities are deemed to be specifically authorized by the
Congress for purposes of section 504 of the National Security
Act of 1947 (50 U.S.C. 3094) during fiscal year 2020 until the
enactment of the Intelligence Authorization Act for Fiscal Year
2020.
Sec. 8075. None of the funds provided in this Act shall be
available for obligation or expenditure through a reprogramming
of funds that creates or initiates a new program, project, or
activity unless such program, project, or activity must be
undertaken immediately in the interest of national security and
only after written prior notification to the congressional
defense committees.
Sec. 8076. The budget of the President for fiscal year 2021
submitted to the Congress pursuant to section 1105 of title 31,
United States Code, shall include separate budget justification
documents for costs of United States Armed Forces'
participation in contingency operations for the Military
Personnel accounts, the Operation and Maintenance accounts, the
Procurement accounts, and the Research, Development, Test and
Evaluation accounts: Provided, That these documents shall
include a description of the funding requested for each
contingency operation, for each military service, to include
all Active and Reserve components, and for each appropriations
account: Provided further, That these documents shall include
estimated costs for each element of expense or object class, a
reconciliation of increases and decreases for each contingency
operation, and programmatic data including, but not limited to,
troop strength for each Active and Reserve component, and
estimates of the major weapons systems deployed in support of
each contingency: Provided further, That these documents shall
include budget exhibits OP-5 and OP-32 (as defined in the
Department of Defense Financial Management Regulation) for all
contingency operations for the budget year and the two
preceding fiscal years.
Sec. 8077. None of the funds in this Act may be used for
research, development, test, evaluation, procurement or
deployment of nuclear armed interceptors of a missile defense
system.
Sec. 8078. The Secretary of Defense may use up to
$650,000,000 of the amounts appropriated or otherwise made
available in this Act to the Department of Defense for the
rapid acquisition and deployment of supplies and associated
support services pursuant to section 806 of the Bob Stump
National Defense Authorization Act for Fiscal Year 2003 (Public
Law 107-314; 10 U.S.C. 2302 note), but only for the purposes
specified in clauses (i), (ii), (iii), and (iv) of subsection
(c)(3)(B) of such section and subject to the applicable limits
specified in clauses (i), (ii), and (iii) of such subsection
and, in the case of clause (iv) of such subsection, subject to
a limit of $50,000,000: Provided, That the Secretary of
Defense shall notify the congressional defense committees
promptly of all uses of such authority.
Sec. 8079. None of the funds appropriated or made available
in this Act shall be used to reduce or disestablish the
operation of the 53rd Weather Reconnaissance Squadron of the
Air Force Reserve, if such action would reduce the WC-130
Weather Reconnaissance mission below the levels funded in this
Act: Provided, That the Air Force shall allow the 53rd Weather
Reconnaissance Squadron to perform other missions in support of
national defense requirements during the non-hurricane season.
Sec. 8080. None of the funds provided in this Act shall be
available for integration of foreign intelligence information
unless the information has been lawfully collected and
processed during the conduct of authorized foreign intelligence
activities: Provided, That information pertaining to United
States persons shall only be handled in accordance with
protections provided in the Fourth Amendment of the United
States Constitution as implemented through Executive Order No.
12333.
Sec. 8081. (a) None of the funds appropriated by this Act may
be used to transfer research and development, acquisition, or
other program authority relating to current tactical unmanned
aerial vehicles (TUAVs) from the Army.
(b) The Army shall retain responsibility for and operational
control of the MQ-1C Gray Eagle Unmanned Aerial Vehicle (UAV)
in order to support the Secretary of Defense in matters
relating to the employment of unmanned aerial vehicles.
Sec. 8082. None of the funds appropriated by this Act for
programs of the Office of the Director of National Intelligence
shall remain available for obligation beyond the current fiscal
year, except for funds appropriated for research and
technology, which shall remain available until September 30,
2021.
Sec. 8083. For purposes of section 1553(b) of title 31,
United States Code, any subdivision of appropriations made in
this Act under the heading ``Shipbuilding and Conversion,
Navy'' shall be considered to be for the same purpose as any
subdivision under the heading ``Shipbuilding and Conversion,
Navy'' appropriations in any prior fiscal year, and the 1
percent limitation shall apply to the total amount of the
appropriation.
Sec. 8084. (a) Not later than 60 days after the date of
enactment of this Act, the Director of National Intelligence
shall submit a report to the congressional intelligence
committees to establish the baseline for application of
reprogramming and transfer authorities for fiscal year 2020:
Provided, That the report shall include--
(1) a table for each appropriation with a separate
column to display the President's budget request,
adjustments made by Congress, adjustments due to
enacted rescissions, if appropriate, and the fiscal
year enacted level;
(2) a delineation in the table for each appropriation
by Expenditure Center and project; and
(3) an identification of items of special
congressional interest.
(b) None of the funds provided for the National Intelligence
Program in this Act shall be available for reprogramming or
transfer until the report identified in subsection (a) is
submitted to the congressional intelligence committees, unless
the Director of National Intelligence certifies in writing to
the congressional intelligence committees that such
reprogramming or transfer is necessary as an emergency
requirement.
Sec. 8085. Notwithstanding any other provision of law, any
transfer of funds, appropriated or otherwise made available by
this Act, for support to friendly foreign countries in
connection with the conduct of operations in which the United
States is not participating, pursuant to section 331(d) of
title 10, United States Code, shall be made in accordance with
section 8005 or 9002 of this Act, as applicable.
Sec. 8086. Any transfer of amounts appropriated to, credited
to, or deposited in the Department of Defense Acquisition
Workforce Development Fund in or for fiscal year 2020 to a
military department or Defense Agency pursuant to section
1705(e)(1) of title 10, United States Code, shall be covered by
and subject to section 8005 or 9002 of this Act, as applicable.
Sec. 8087. None of the funds made available by this Act for
excess defense articles, assistance under section 333 of title
10, United States Code, or peacekeeping operations for the
countries designated annually to be in violation of the
standards of the Child Soldiers Prevention Act of 2008 (Public
Law 110-457; 22 U.S.C. 2370c-1) may be used to support any
military training or operation that includes child soldiers, as
defined by the Child Soldiers Prevention Act of 2008, unless
such assistance is otherwise permitted under section 404 of the
Child Soldiers Prevention Act of 2008.
Sec. 8088. (a) None of the funds provided for the National
Intelligence Program in this or any prior appropriations Act
shall be available for obligation or expenditure through a
reprogramming or transfer of funds in accordance with section
102A(d) of the National Security Act of 1947 (50 U.S.C.
3024(d)) that--
(1) creates a new start effort;
(2) terminates a program with appropriated funding of
$10,000,000 or more;
(3) transfers funding into or out of the National
Intelligence Program; or
(4) transfers funding between appropriations, unless
the congressional intelligence committees are notified
30 days in advance of such reprogramming of funds; this
notification period may be reduced for urgent national
security requirements.
(b) None of the funds provided for the National Intelligence
Program in this or any prior appropriations Act shall be
available for obligation or expenditure through a reprogramming
or transfer of funds in accordance with section 102A(d) of the
National Security Act of 1947 (50 U.S.C. 3024(d)) that results
in a cumulative increase or decrease of the levels specified in
the classified annex accompanying the Act unless the
congressional intelligence committees are notified 30 days in
advance of such reprogramming of funds; this notification
period may be reduced for urgent national security
requirements.
Sec. 8089. For the purposes of this Act, the term
``congressional intelligence committees'' means the Permanent
Select Committee on Intelligence of the House of
Representatives, the Select Committee on Intelligence of the
Senate, the Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives, and the
Subcommittee on Defense of the Committee on Appropriations of
the Senate.
(including transfer of funds)
Sec. 8090. During the current fiscal year, not to exceed
$11,000,000 from each of the appropriations made in title II of
this Act for ``Operation and Maintenance, Army'', ``Operation
and Maintenance, Navy'', and ``Operation and Maintenance, Air
Force'' may be transferred by the military department concerned
to its central fund established for Fisher Houses and Suites
pursuant to section 2493(d) of title 10, United States Code.
Sec. 8091. None of the funds appropriated by this Act may be
available for the purpose of making remittances to the
Department of Defense Acquisition Workforce Development Fund in
accordance with section 1705 of title 10, United States Code.
Sec. 8092. (a) Any agency receiving funds made available in
this Act, shall, subject to subsections (b) and (c), post on
the public Web site of that agency any report required to be
submitted by the Congress in this or any other Act, upon the
determination by the head of the agency that it shall serve the
national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises
national security; or
(2) the report contains proprietary information.
(c) The head of the agency posting such report shall do so
only after such report has been made available to the
requesting Committee or Committees of Congress for no less than
45 days.
Sec. 8093. (a) None of the funds appropriated or otherwise
made available by this Act may be expended for any Federal
contract for an amount in excess of $1,000,000, unless the
contractor agrees not to--
(1) enter into any agreement with any of its
employees or independent contractors that requires, as
a condition of employment, that the employee or
independent contractor agree to resolve through
arbitration any claim under title VII of the Civil
Rights Act of 1964 or any tort related to or arising
out of sexual assault or harassment, including assault
and battery, intentional infliction of emotional
distress, false imprisonment, or negligent hiring,
supervision, or retention; or
(2) take any action to enforce any provision of an
existing agreement with an employee or independent
contractor that mandates that the employee or
independent contractor resolve through arbitration any
claim under title VII of the Civil Rights Act of 1964
or any tort related to or arising out of sexual assault
or harassment, including assault and battery,
intentional infliction of emotional distress, false
imprisonment, or negligent hiring, supervision, or
retention.
(b) None of the funds appropriated or otherwise made
available by this Act may be expended for any Federal contract
unless the contractor certifies that it requires each covered
subcontractor to agree not to enter into, and not to take any
action to enforce any provision of, any agreement as described
in paragraphs (1) and (2) of subsection (a), with respect to
any employee or independent contractor performing work related
to such subcontract. For purposes of this subsection, a
``covered subcontractor'' is an entity that has a subcontract
in excess of $1,000,000 on a contract subject to subsection
(a).
(c) The prohibitions in this section do not apply with
respect to a contractor's or subcontractor's agreements with
employees or independent contractors that may not be enforced
in a court of the United States.
(d) The Secretary of Defense may waive the application of
subsection (a) or (b) to a particular contractor or
subcontractor for the purposes of a particular contract or
subcontract if the Secretary or the Deputy Secretary personally
determines that the waiver is necessary to avoid harm to
national security interests of the United States, and that the
term of the contract or subcontract is not longer than
necessary to avoid such harm. The determination shall set forth
with specificity the grounds for the waiver and for the
contract or subcontract term selected, and shall state any
alternatives considered in lieu of a waiver and the reasons
each such alternative would not avoid harm to national security
interests of the United States. The Secretary of Defense shall
transmit to Congress, and simultaneously make public, any
determination under this subsection not less than 15 business
days before the contract or subcontract addressed in the
determination may be awarded.
(including transfer of funds)
Sec. 8094. From within the funds appropriated for operation
and maintenance for the Defense Health Program in this Act, up
to $127,000,000, shall be available for transfer to the Joint
Department of Defense-Department of Veterans Affairs Medical
Facility Demonstration Fund in accordance with the provisions
of section 1704 of the National Defense Authorization Act for
Fiscal Year 2010, Public Law 111-84: Provided, That for
purposes of section 1704(b), the facility operations funded are
operations of the integrated Captain James A. Lovell Federal
Health Care Center, consisting of the North Chicago Veterans
Affairs Medical Center, the Navy Ambulatory Care Center, and
supporting facilities designated as a combined Federal medical
facility as described by section 706 of Public Law 110-417:
Provided further, That additional funds may be transferred from
funds appropriated for operation and maintenance for the
Defense Health Program to the Joint Department of Defense-
Department of Veterans Affairs Medical Facility Demonstration
Fund upon written notification by the Secretary of Defense to
the Committees on Appropriations of the House of
Representatives and the Senate.
Sec. 8095. None of the funds appropriated or otherwise made
available by this Act may be used by the Department of Defense
or a component thereof in contravention of the provisions of
section 130h of title 10, United States Code.
Sec. 8096. Appropriations available to the Department of
Defense may be used for the purchase of heavy and light armored
vehicles for the physical security of personnel or for force
protection purposes up to a limit of $450,000 per vehicle,
notwithstanding price or other limitations applicable to the
purchase of passenger carrying vehicles.
(including transfer of funds)
Sec. 8097. Upon a determination by the Director of National
Intelligence that such action is necessary and in the national
interest, the Director may, with the approval of the Office of
Management and Budget, transfer not to exceed $1,500,000,000 of
the funds made available in this Act for the National
Intelligence Program: Provided, That such authority to
transfer may not be used unless for higher priority items,
based on unforeseen intelligence requirements, than those for
which originally appropriated and in no case where the item for
which funds are requested has been denied by the Congress:
Provided further, That a request for multiple reprogrammings of
funds using authority provided in this section shall be made
prior to June 30, 2020.
Sec. 8098. None of the funds appropriated or otherwise made
available in this or any other Act may be used to transfer,
release, or assist in the transfer or release to or within the
United States, its territories, or possessions Khalid Sheikh
Mohammed or any other detainee who--
(1) is not a United States citizen or a member of the
Armed Forces of the United States; and
(2) is or was held on or after June 24, 2009, at
United States Naval Station, Guantanamo Bay, Cuba, by
the Department of Defense.
Sec. 8099. None of the funds appropriated or otherwise made
available in this Act may be used to transfer any individual
detained at United States Naval Station Guantanamo Bay, Cuba,
to the custody or control of the individual's country of
origin, any other foreign country, or any other foreign entity
except in accordance with section 1034 of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92) and
section 1035 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232).
Sec. 8100. None of the funds made available by this Act may
be used in contravention of the War Powers Resolution (50
U.S.C. 1541 et seq.).
Sec. 8101. (a) None of the funds appropriated or otherwise
made available by this or any other Act may be used by the
Secretary of Defense, or any other official or officer of the
Department of Defense, to enter into a contract, memorandum of
understanding, or cooperative agreement with, or make a grant
to, or provide a loan or loan guarantee to Rosoboronexport or
any subsidiary of Rosoboronexport.
(b) The Secretary of Defense may waive the limitation in
subsection (a) if the Secretary, in consultation with the
Secretary of State and the Director of National Intelligence,
determines that it is in the vital national security interest
of the United States to do so, and certifies in writing to the
congressional defense committees that, to the best of the
Secretary's knowledge:
(1) Rosoboronexport has ceased the transfer of lethal
military equipment to, and the maintenance of existing
lethal military equipment for, the Government of the
Syrian Arab Republic;
(2) The armed forces of the Russian Federation have
withdrawn from Crimea, other than armed forces present
on military bases subject to agreements in force
between the Government of the Russian Federation and
the Government of Ukraine; and
(3) Agents of the Russian Federation have ceased
taking active measures to destabilize the control of
the Government of Ukraine over eastern Ukraine.
(c) The Inspector General of the Department of Defense shall
conduct a review of any action involving Rosoboronexport with
respect to a waiver issued by the Secretary of Defense pursuant
to subsection (b), and not later than 90 days after the date on
which such a waiver is issued by the Secretary of Defense, the
Inspector General shall submit to the congressional defense
committees a report containing the results of the review
conducted with respect to such waiver.
Sec. 8102. None of the funds made available in this Act may
be used for the purchase or manufacture of a flag of the United
States unless such flags are treated as covered items under
section 2533a(b) of title 10, United States Code.
Sec. 8103. (a) None of the funds appropriated or otherwise
made available in this or any other Act may be used to
construct, acquire, or modify any facility in the United
States, its territories, or possessions to house any individual
described in subsection (c) for the purposes of detention or
imprisonment in the custody or under the effective control of
the Department of Defense.
(b) The prohibition in subsection (a) shall not apply to any
modification of facilities at United States Naval Station,
Guantanamo Bay, Cuba.
(c) An individual described in this subsection is any
individual who, as of June 24, 2009, is located at United
States Naval Station, Guantanamo Bay, Cuba, and who--
(1) is not a citizen of the United States or a member
of the Armed Forces of the United States; and
(2) is--
(A) in the custody or under the effective
control of the Department of Defense; or
(B) otherwise under detention at United
States Naval Station, Guantanamo Bay, Cuba.
Sec. 8104. (a) Of the funds appropriated in this Act for the
Department of Defense, amounts should be made available, under
such regulations as the Secretary of Defense may prescribe, to
local military commanders appointed by the Secretary, or by an
officer or employee designated by the Secretary, to provide at
their discretion ex gratia payments in amounts consistent with
subsection (d) of this section for damage, personal injury, or
death that is incident to combat operations of the Armed Forces
in a foreign country.
(b) An ex gratia payment under this section may be provided
only if--
(1) the prospective foreign civilian recipient is
determined by the local military commander to be
friendly to the United States;
(2) a claim for damages would not be compensable
under chapter 163 of title 10, United States Code
(commonly known as the ``Foreign Claims Act''); and
(3) the property damage, personal injury, or death
was not caused by action by an enemy.
(c) Any payments provided under a program under subsection
(a) shall not be considered an admission or acknowledgement of
any legal obligation to compensate for any damage, personal
injury, or death.
(d) If the Secretary of Defense determines a program under
subsection (a) to be appropriate in a particular setting, the
amounts of payments, if any, to be provided to civilians
determined to have suffered harm incident to combat operations
of the Armed Forces under the program should be determined
pursuant to regulations prescribed by the Secretary and based
on an assessment, which should include such factors as cultural
appropriateness and prevailing economic conditions.
(e) Local military commanders shall receive legal advice
before making ex gratia payments under this subsection. The
legal advisor, under regulations of the Department of Defense,
shall advise on whether an ex gratia payment is proper under
this section and applicable Department of Defense regulations.
(f) A written record of any ex gratia payment offered or
denied shall be kept by the local commander and on a timely
basis submitted to the appropriate office in the Department of
Defense as determined by the Secretary of Defense.
(g) The Secretary of Defense shall report to the
congressional defense committees on an annual basis the
efficacy of the ex gratia payment program including the number
of types of cases considered, amounts offered, the response
from ex gratia payment recipients, and any recommended
modifications to the program.
Sec. 8105. The Secretary of Defense shall post grant awards
on a public website in a searchable format.
Sec. 8106. The Secretary of each military department, in
reducing each research, development, test and evaluation and
procurement account of the military department as required
under paragraph (1) of section 828(d) of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92; 10
U.S.C. 2430 note), as amended by section 825(a)(3) of the
National Defense Authorization Act for Fiscal Year 2018, shall
allocate the percentage reduction determined under paragraph
(2) of such section 828(d) proportionally from all programs,
projects, or activities under such account: Provided, That the
authority under section 804(d)(2) of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92; 10
U.S.C. 2302 note) to transfer amounts available in the Rapid
Prototyping Fund shall be subject to section 8005 or 9002 of
this Act, as applicable.
Sec. 8107. None of the funds made available by this Act may
be used by the National Security Agency to--
(1) conduct an acquisition pursuant to section 702 of
the Foreign Intelligence Surveillance Act of 1978 for
the purpose of targeting a United States person; or
(2) acquire, monitor, or store the contents (as such
term is defined in section 2510(8) of title 18, United
States Code) of any electronic communication of a
United States person from a provider of electronic
communication services to the public pursuant to
section 501 of the Foreign Intelligence Surveillance
Act of 1978.
Sec. 8108. None of the funds made available in this or any
other Act may be used to pay the salary of any officer or
employee of any agency funded by this Act who approves or
implements the transfer of administrative responsibilities or
budgetary resources of any program, project, or activity
financed by this Act to the jurisdiction of another Federal
agency not financed by this Act without the express
authorization of Congress: Provided, That this limitation
shall not apply to transfers of funds expressly provided for in
Defense Appropriations Acts, or provisions of Acts providing
supplemental appropriations for the Department of Defense.
Sec. 8109. Of the amounts appropriated in this Act for
``Operation and Maintenance, Navy'', $352,044,000, to remain
available until expended, may be used for any purposes related
to the National Defense Reserve Fleet established under section
11 of the Merchant Ship Sales Act of 1946 (46 U.S.C. 57100):
Provided, That such amounts are available for reimbursements to
the Ready Reserve Force, Maritime Administration account of the
United States Department of Transportation for programs,
projects, activities, and expenses related to the National
Defense Reserve Fleet.
Sec. 8110. None of the funds made available in this Act may
be obligated for activities authorized under section 1208 of
the Ronald W. Reagan National Defense Authorization Act for
Fiscal Year 2005 (Public Law 112-81; 125 Stat. 1621) to
initiate support for, or expand support to, foreign forces,
irregular forces, groups, or individuals unless the
congressional defense committees are notified in accordance
with the direction contained in the classified annex
accompanying this Act, not less than 15 days before initiating
such support: Provided, That none of the funds made available
in this Act may be used under section 1208 for any activity
that is not in support of an ongoing military operation being
conducted by United States Special Operations Forces to combat
terrorism: Provided further, That the Secretary of Defense may
waive the prohibitions in this section if the Secretary
determines that such waiver is required by extraordinary
circumstances and, by not later than 72 hours after making such
waiver, notifies the congressional defense committees of such
waiver.
Sec. 8111. None of the funds made available by this Act may
be used with respect to Iraq in contravention of the War Powers
Resolution (50 U.S.C. 1541 et seq.), including for the
introduction of United States armed forces into hostilities in
Iraq, into situations in Iraq where imminent involvement in
hostilities is clearly indicated by the circumstances, or into
Iraqi territory, airspace, or waters while equipped for combat,
in contravention of the congressional consultation and
reporting requirements of sections 3 and 4 of such Resolution
(50 U.S.C. 1542 and 1543).
Sec. 8112. The Secretary of Defense, in consultation with
the Service Secretaries, shall submit two reports to the
congressional defense committees, not later than March 1, 2020,
and not later than September 1, 2020, detailing the submission
of records during the previous 6 months to databases accessible
to the National Instant Criminal Background Check System
(NICS), including the Interstate Identification Index (III),
the National Crime Information Center (NCIC), and the NICS
Index, as required by Public Law 110-180: Provided, That such
reports shall provide the number and category of records
submitted by month to each such database, by Service or
Component: Provided further, That such reports shall identify
the number and category of records submitted by month to those
databases for which the Identification for Firearm Sales (IFFS)
flag or other database flags were used to pre-validate the
records and indicate that such persons are prohibited from
receiving or possessing a firearm: Provided further, That such
reports shall describe the steps taken during the previous 6
months, by Service or Component, to ensure complete and
accurate submission and appropriate flagging of records of
individuals prohibited from gun possession or receipt pursuant
to 18 U.S.C. 922(g) or (n) including applicable records
involving proceedings under the Uniform Code of Military
Justice.
Sec. 8113. (a) None of the funds provided in this Act for the
TAO Fleet Oiler program shall be used to award a new contract
that provides for the acquisition of the following components
unless those components are manufactured in the United States:
Auxiliary equipment (including pumps) for shipboard services;
propulsion equipment (including engines, reduction gears, and
propellers); shipboard cranes; and spreaders for shipboard
cranes.
(b) None of the funds provided in this Act for the FFG(X)
Frigate program shall be used to award a new contract that
provides for the acquisition of the following components unless
those components are manufactured in the United States: Air
circuit breakers; gyrocompasses; electronic navigation chart
systems; steering controls; pumps; propulsion and machinery
control systems; totally enclosed lifeboats; auxiliary
equipment pumps; shipboard cranes; auxiliary chill water
systems; and propulsion propellers: Provided, That the
Secretary of the Navy shall incorporate United States
manufactured propulsion engines and propulsion reduction gears
into the FFG(X) Frigate program beginning not later than with
the eleventh ship of the program.
Sec. 8114. No amounts credited or otherwise made available
in this or any other Act to the Department of Defense
Acquisition Workforce Development Fund may be transferred to:
(1) the Rapid Prototyping Fund established under
section 804(d) of the National Defense Authorization
Act for Fiscal Year 2016 (10 U.S.C. 2302 note); or
(2) credited to a military-department specific fund
established under section 804(d)(2) of the National
Defense Authorization Act for Fiscal Year 2016 (as
amended by section 897 of the National Defense
Authorization Act for Fiscal Year 2017).
Sec. 8115. None of the funds made available by this Act may
be used for Government Travel Charge Card expenses by military
or civilian personnel of the Department of Defense for gaming,
or for entertainment that includes topless or nude entertainers
or participants, as prohibited by Department of Defense FMR,
Volume 9, Chapter 3 and Department of Defense Instruction
1015.10 (enclosure 3, 14a and 14b).
Sec. 8116. Notwithstanding any other provision of law, from
funds made available to the Department of Defense in title II
of this Act under the heading ``Operation and Maintenance,
Defense-Wide'', $15,000,000 shall be available for a project in
a country designated by the Secretary of Defense: Provided,
That in furtherance of the project, the Department of Defense
is authorized to acquire services, including services performed
pursuant to a grant agreement, from another Federal agency, on
an advance of funds or reimbursable basis: Provided further,
That an order for services placed under this section is deemed
to be an obligation in the same manner that a similar order
placed under a contract with a private contractor is an
obligation.
Sec. 8117. None of the funds appropriated by this Act may be
made available to deliver F-35 air vehicles or any other F-35
weapon system equipment to the Republic of Turkey, except in
accordance with section 1245 of the National Defense
Authorization Act for Fiscal Year 2020.
(including transfer of funds)
Sec. 8118. Of the amounts appropriated in this Act, the
Secretary of Defense may use up to $82,046,000 under the
heading ``Operation and Maintenance, Defense-Wide'', and up to
$44,001,000 under the heading ``Research, Development, Test and
Evaluation, Defense-Wide'' to develop, replace, and sustain
Federal Government security and suitability background
investigation information technology systems of the Office of
Personnel Management or other Federal agency responsible for
conducting such investigations: Provided, That the Secretary
may transfer additional amounts into these headings or into
``Procurement, Defense-Wide'' using established reprogramming
procedures prescribed in the Department of Defense Financial
Management Regulation 7000.14, Volume 3, Chapter 6, dated
September 2015: Provided further, That such funds shall
supplement, not supplant any other amounts made available to
other Federal agencies for such purposes.
Sec. 8119. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network unless
such network is designed to block access to pornography
websites.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law
enforcement agency or any other entity carrying out criminal
investigations, prosecution, or adjudication activities, or for
any activity necessary for the national defense, including
intelligence activities.
Sec. 8120. Notwithstanding any other provision of law, any
transfer of funds appropriated or otherwise made available by
this Act to the Global Engagement Center established by section
1287 of the National Defense Authorization Act for Fiscal Year
2017 (Public Law 114-328; 130 Stat. 22 U.S.C. 2656 note) shall
be made in accordance with section 8005 or 9002 of this Act, as
applicable, but only after the amount so transferred exceeds
$20,000,000, the amount appropriated in this Act for the Global
Engagement Center.
Sec. 8121. In addition to amounts provided elsewhere in this
Act, there is appropriated $315,000,000, for an additional
amount for ``Operation and Maintenance, Defense-Wide'', to
remain available until expended: Provided, That such funds
shall only be available to the Secretary of Defense, acting
through the Office of Economic Adjustment of the Department of
Defense, or for transfer to the Secretary of Education,
notwithstanding any other provision of law, to make grants,
conclude cooperative agreements, or supplement other Federal
funds to construct, renovate, repair, or expand elementary and
secondary public schools on military installations in order to
address capacity or facility condition deficiencies at such
schools: Provided further, That in making such funds
available, the Office of Economic Adjustment or the Secretary
of Education shall give priority consideration to those
military installations with schools having the most serious
capacity or facility condition deficiencies as determined by
the Secretary of Defense: Provided further, That as a
condition of receiving funds under this section a local
educational agency or State shall provide a matching share as
described in the notice titled ``Department of Defense Program
for Construction, Renovation, Repair or Expansion of Public
Schools Located on Military Installations'' published by the
Department of Defense in the Federal Register on September 9,
2011 (76 Fed. Reg. 55883 et seq.): Provided further, That
these provisions apply to funds provided under this section,
and to funds previously provided by Congress to construct,
renovate, repair, or expand elementary and secondary public
schools on military installations in order to address capacity
or facility condition deficiencies at such schools to the
extent such funds remain unobligated on the date of enactment
of this section.
Sec. 8122. None of the funds made available by this Act may
be used to carry out the closure or realignment of the United
States Naval Station, Guantanamo Bay, Cuba.
Sec. 8123. In carrying out the program described in the
memorandum on the subject of ``Policy for Assisted Reproductive
Services for the Benefit of Seriously or Severely Ill/Injured
(Category II or III) Active Duty Service Members'' issued by
the Assistant Secretary of Defense for Health Affairs on April
3, 2012, and the guidance issued to implement such memorandum,
the Secretary of Defense shall apply such policy and guidance,
except that--
(1) the limitation on periods regarding embryo
cryopreservation and storage set forth in part III(G)
and in part IV(H) of such memorandum shall not apply;
and
(2) the term ``assisted reproductive technology''
shall include embryo cryopreservation and storage
without limitation on the duration of such
cryopreservation and storage.
Sec. 8124. None of the funds made available by this Act may
be used to provide arms, training, or other assistance to the
Azov Battalion.
Sec. 8125. None of the funds provided for, or otherwise made
available, in this or any other Act, may be obligated or
expended by the Secretary of Defense to provide motorized
vehicles, aviation platforms, munitions other than small arms
and munitions appropriate for customary ceremonial honors,
operational military units, or operational military platforms
if the Secretary determines that providing such units,
platforms, or equipment would undermine the readiness of such
units, platforms, or equipment.
Sec. 8126. The Secretary of Defense may obligate and expend
funds made available under this Act for procurement or for
research, development, test and evaluation for the F-35 Joint
Strike Fighter to modify up to six F-35 aircraft, including up
to two F-35 aircraft of each variant, to a test configuration:
Provided, That the Secretary of Defense shall, with the
concurrence of the Secretary of the Air Force and the Secretary
of the Navy, notify the congressional defense committees not
fewer than 30 days prior to obligating and expending funds
under this section: Provided further, That any transfer of
funds pursuant to the authority provided in this section shall
be made in accordance with section 8005 or 9002 of this Act, as
appropriate, if applicable: Provided further, That aircraft
referred to previously in this section are not additional to
aircraft referred to in section 8135 of the Department of
Defense Appropriations Act, 2019.
Sec. 8127. Amounts appropriated for ``Defense Health
Program'' in this Act and hereafter may be obligated to make
death gratuity payments, as authorized in subchapter II of
chapter 75 of title 10, United States Code, if no appropriation
for ``Military Personnel'' is available for obligation for such
payments: Provided, That such obligations may subsequently be
recorded against appropriations available for ``Military
Personnel''.
Sec. 8128. (a) None of the funds made available by this or
any other Act may be used to enter into a contract, memorandum
of understanding, or cooperative agreement with, make a grant
to, or provide a loan or loan guarantee to any corporation that
has any unpaid Federal tax liability that has been assessed,
for which all judicial and administrative remedies have been
exhausted or have lapsed, and that is not being paid in a
timely manner pursuant to an agreement with the authority
responsible for collecting such tax liability, provided that
the applicable Federal agency is aware of the unpaid Federal
tax liability.
(b) Subsection (a) shall not apply if the applicable Federal
agency has considered suspension or debarment of the
corporation described in such subsection and has made a
determination that such suspension or debarment is not
necessary to protect the interests of the Federal Government.
Sec. 8129. None of the funds made available by this Act may
be used in contravention of--
(1) Executive Order No. 13175 (65 Fed. Reg. 67249;
relating to consultation and coordination with Indian
Tribal governments); or
(2) section 1501.2(d)(2) of title 40, Code of Federal
Regulations.
Sec. 8130. During fiscal year 2020, any advance billing for
background investigation services and related services
purchased from activities financed using Defense Working
Capital Funds shall be excluded from the calculation of
cumulative advance billings under section 2208(l)(3) of title
10, United States Code.
Sec. 8131. None of the funds appropriated or otherwise made
available by this Act may be used to transfer the National
Reconnaissance Office to the Space Force.
Sec. 8132. The Secretary of Defense shall submit to the
Committees on Appropriations the reports required by section
596 of the National Defense Authorization Act for Fiscal Year
2020.
Sec. 8133. Notwithstanding any other provision of this Act,
to reflect savings due to favorable foreign exchange rates, the
total amount appropriated in this Act is hereby reduced by
$81,559,000.
TITLE IX
OVERSEAS CONTINGENCY OPERATIONS
MILITARY PERSONNEL
Military Personnel, Army
For an additional amount for ``Military Personnel, Army'',
$2,743,132,000: Provided, That such amount is designated by
the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
Military Personnel, Navy
For an additional amount for ``Military Personnel, Navy'',
$356,392,000: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
Military Personnel, Marine Corps
For an additional amount for ``Military Personnel, Marine
Corps'', $104,213,000: Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
Military Personnel, Air Force
For an additional amount for ``Military Personnel, Air
Force'', $1,007,594,000: Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
Reserve Personnel, Army
For an additional amount for ``Reserve Personnel, Army'',
$34,812,000: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
Reserve Personnel, Navy
For an additional amount for ``Reserve Personnel, Navy'',
$11,370,000: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
Reserve Personnel, Marine Corps
For an additional amount for ``Reserve Personnel, Marine
Corps'', $3,599,000: Provided, That such amount is designated
by the Congress for Overseas Contingency Operations/Global War
on Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Reserve Personnel, Air Force
For an additional amount for ``Reserve Personnel, Air
Force'', $16,428,000: Provided, That such amount is designated
by the Congress for Overseas Contingency Operations/Global War
on Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
National Guard Personnel, Army
For an additional amount for ``National Guard Personnel,
Army'', $202,644,000: Provided, That such amount is designated
by the Congress for Overseas Contingency Operations/Global War
on Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
National Guard Personnel, Air Force
For an additional amount for ``National Guard Personnel, Air
Force'', $5,624,000: Provided, That such amount is designated
by the Congress for Overseas Contingency Operations/Global War
on Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For an additional amount for ``Operation and Maintenance,
Army'', $20,092,038,000: Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
Operation and Maintenance, Navy
For an additional amount for ``Operation and Maintenance,
Navy'', $8,772,379,000: Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
Operation and Maintenance, Marine Corps
For an additional amount for ``Operation and Maintenance,
Marine Corps'', $1,109,791,000: Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
Operation and Maintenance, Air Force
For an additional amount for ``Operation and Maintenance, Air
Force'', $10,359,379,000: Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
Operation and Maintenance, Defense-Wide
For an additional amount for ``Operation and Maintenance,
Defense-Wide'', $7,803,193,000: Provided, That of the funds
provided under this heading, not to exceed $225,000,000, to
remain available until September 30, 2021, shall be for
payments to reimburse key cooperating nations for logistical,
military, and other support, including access, provided to
United States military and stability operations in Afghanistan
and to counter the Islamic State of Iraq and Syria: Provided
further, That such reimbursement payments may be made in such
amounts as the Secretary of Defense, with the concurrence of
the Secretary of State, and in consultation with the Director
of the Office of Management and Budget, may determine, based on
documentation determined by the Secretary of Defense to
adequately account for the support provided, and such
determination is final and conclusive upon the accounting
officers of the United States, and 15 days following written
notification to the appropriate congressional committees:
Provided further, That these funds may be used for the purpose
of providing specialized training and procuring supplies and
specialized equipment and providing such supplies and loaning
such equipment on a non-reimbursable basis to coalition forces
supporting United States military and stability operations in
Afghanistan and to counter the Islamic State of Iraq and Syria,
and 15 days following written notification to the appropriate
congressional committees: Provided further, That these funds
may be used to support the Government of Jordan in such amounts
as the Secretary of Defense may determine, to enhance the
ability of the armed forces of Jordan to increase or sustain
security along its borders, upon 15 days prior written
notification to the congressional defense committees outlining
the amounts intended to be provided and the nature of the
expenses incurred: Provided further, That of the funds
provided under this heading, not to exceed $1,049,178,000 to
remain available until September 30, 2021, shall be available
to provide support and assistance to foreign security forces or
other groups or individuals to conduct, support or facilitate
counterterrorism, crisis response, or other Department of
Defense security cooperation programs: Provided further, That
the Secretary of Defense shall provide quarterly reports to the
congressional defense committees on the use of funds provided
in this paragraph: Provided further, That such amount is
designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
Operation and Maintenance, Army Reserve
For an additional amount for ``Operation and Maintenance,
Army Reserve'', $37,592,000: Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
Operation and Maintenance, Navy Reserve
For an additional amount for ``Operation and Maintenance,
Navy Reserve'', $23,036,000: Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
Operation and Maintenance, Marine Corps Reserve
For an additional amount for ``Operation and Maintenance,
Marine Corps Reserve'', $8,707,000: Provided, That such amount
is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Operation and Maintenance, Air Force Reserve
For an additional amount for ``Operation and Maintenance, Air
Force Reserve'', $29,758,000: Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
Operation and Maintenance, Army National Guard
For an additional amount for ``Operation and Maintenance,
Army National Guard'', $83,291,000: Provided, That such amount
is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Operation and Maintenance, Air National Guard
For an additional amount for ``Operation and Maintenance, Air
National Guard'', $176,909,000: Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
Afghanistan Security Forces Fund
For the ``Afghanistan Security Forces Fund'', $4,199,978,000,
to remain available until September 30, 2021: Provided, That
such funds shall be available to the Secretary of Defense for
the purpose of allowing the Commander, Combined Security
Transition Command--Afghanistan, or the Secretary's designee,
to provide assistance, with the concurrence of the Secretary of
State, to the security forces of Afghanistan, including the
provision of equipment, supplies, services, training, facility
and infrastructure repair, renovation, construction, and
funding: Provided further, That the Secretary of Defense may
obligate and expend funds made available to the Department of
Defense in this title for additional costs associated with
existing projects previously funded with amounts provided under
the heading ``Afghanistan Infrastructure Fund'' in prior Acts:
Provided further, That such costs shall be limited to contract
changes resulting from inflation, market fluctuation, rate
adjustments, and other necessary contract actions to complete
existing projects, and associated supervision and
administration costs and costs for design during construction:
Provided further, That the Secretary may not use more than
$50,000,000 under the authority provided in this section:
Provided further, That the Secretary shall notify in advance
such contract changes and adjustments in annual reports to the
congressional defense committees: Provided further, That the
authority to provide assistance under this heading is in
addition to any other authority to provide assistance to
foreign nations: Provided further, That contributions of funds
for the purposes provided herein from any person, foreign
government, or international organization may be credited to
this Fund, to remain available until expended, and used for
such purposes: Provided further, That the Secretary of Defense
shall notify the congressional defense committees in writing
upon the receipt and upon the obligation of any contribution,
delineating the sources and amounts of the funds received and
the specific use of such contributions: Provided further, That
the Secretary of Defense shall, not fewer than 15 days prior to
obligating from this appropriation account, notify the
congressional defense committees in writing of the details of
any such obligation: Provided further, That the Secretary of
Defense shall notify the congressional defense committees in
writing and not fewer than 15 days prior to obligating funds
for any proposed new projects or transfer of funds between
budget sub-activity groups in excess of $20,000,000: Provided
further, That the United States may accept equipment procured
using funds provided under this heading in this or prior Acts
that was transferred to the security forces of Afghanistan and
returned by such forces to the United States: Provided
further, That equipment procured using funds provided under
this heading in this or prior Acts, and not yet transferred to
the security forces of Afghanistan or transferred to the
security forces of Afghanistan and returned by such forces to
the United States, may be treated as stocks of the Department
of Defense upon written notification to the congressional
defense committees: Provided further, That of the funds
provided under this heading, not less than $10,000,000 shall be
for recruitment and retention of women in the Afghanistan
National Security Forces, and the recruitment and training of
female security personnel: Provided further, That funds
appropriated under this heading and made available for the
salaries and benefits of personnel of the Afghanistan Security
Forces may only be used for personnel who are enrolled in the
Afghanistan Personnel and Pay System: Provided further, That
such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Counter-ISIS Train and Equip Fund
For the ``Counter-Islamic State of Iraq and Syria Train and
Equip Fund'', $1,195,000,000, to remain available until
September 30, 2021: Provided, That such funds shall be
available to the Secretary of Defense in coordination with the
Secretary of State, to provide assistance, including training;
equipment; logistics support, supplies, and services; stipends;
infrastructure repair and renovation; construction for facility
fortification and humane treatment; and sustainment, to foreign
security forces, irregular forces, groups, or individuals
participating, or preparing to participate in activities to
counter the Islamic State of Iraq and Syria, and their
affiliated or associated groups: Provided further, That these
funds may be used in such amounts as the Secretary of Defense
may determine to enhance the border security of nations
adjacent to conflict areas including Jordan, Lebanon, Egypt,
and Tunisia resulting from actions of the Islamic State of Iraq
and Syria: Provided further, That amounts made available under
this heading shall be available to provide assistance only for
activities in a country designated by the Secretary of Defense,
in coordination with the Secretary of State, as having a
security mission to counter the Islamic State of Iraq and
Syria, and following written notification to the congressional
defense committees of such designation: Provided further, That
the Secretary of Defense shall ensure that prior to providing
assistance to elements of any forces or individuals, such
elements or individuals are appropriately vetted, including at
a minimum, assessing such elements for associations with
terrorist groups or groups associated with the Government of
Iran; and receiving commitments from such elements to promote
respect for human rights and the rule of law: Provided
further, That the Secretary of Defense shall, not fewer than 15
days prior to obligating from this appropriation account,
notify the congressional defense committees in writing of the
details of any such obligation: Provided further, That the
Secretary of Defense may accept and retain contributions,
including assistance in-kind, from foreign governments,
including the Government of Iraq and other entities, to carry
out assistance authorized under this heading: Provided
further, That contributions of funds for the purposes provided
herein from any foreign government or other entity may be
credited to this Fund, to remain available until expended, and
used for such purposes: Provided further, That the Secretary
of Defense shall prioritize such contributions when providing
any assistance for construction for facility fortification:
Provided further, That the Secretary of Defense may waive a
provision of law relating to the acquisition of items and
support services or sections 40 and 40A of the Arms Export
Control Act (22 U.S.C. 2780 and 2785) if the Secretary
determines that such provision of law would prohibit, restrict,
delay or otherwise limit the provision of such assistance and a
notice of and justification for such waiver is submitted to the
congressional defense committees, the Committees on
Appropriations and Foreign Relations of the Senate and the
Committees on Appropriations and Foreign Affairs of the House
of Representatives: Provided further, That the United States
may accept equipment procured using funds provided under this
heading, or under the heading, ``Iraq Train and Equip Fund'' in
prior Acts, that was transferred to security forces, irregular
forces, or groups participating, or preparing to participate in
activities to counter the Islamic State of Iraq and Syria and
returned by such forces or groups to the United States, and
such equipment may be treated as stocks of the Department of
Defense upon written notification to the congressional defense
committees: Provided further, That equipment procured using
funds provided under this heading, or under the heading, ``Iraq
Train and Equip Fund'' in prior Acts, and not yet transferred
to security forces, irregular forces, or groups participating,
or preparing to participate in activities to counter the
Islamic State of Iraq and Syria may be treated as stocks of the
Department of Defense when determined by the Secretary to no
longer be required for transfer to such forces or groups and
upon written notification to the congressional defense
committees: Provided further, That the Secretary of Defense
shall provide quarterly reports to the congressional defense
committees on the use of funds provided under this heading,
including, but not limited to, the number of individuals
trained, the nature and scope of support and sustainment
provided to each group or individual, the area of operations
for each group, and the contributions of other countries,
groups, or individuals: Provided further, That such amount is
designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
PROCUREMENT
Aircraft Procurement, Army
For an additional amount for ``Aircraft Procurement, Army'',
$531,541,000, to remain available until September 30, 2022:
Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Missile Procurement, Army
For an additional amount for ``Missile Procurement, Army'',
$1,423,589,000, to remain available until September 30, 2022:
Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Procurement of Weapons and Tracked Combat Vehicles, Army
For an additional amount for ``Procurement of Weapons and
Tracked Combat Vehicles, Army'', $346,306,000, to remain
available until September 30, 2022: Provided, That such amount
is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Procurement of Ammunition, Army
For an additional amount for ``Procurement of Ammunition,
Army'', $148,682,000, to remain available until September 30,
2022: Provided, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Other Procurement, Army
For an additional amount for ``Other Procurement, Army'',
$1,080,504,000, to remain available until September 30, 2022:
Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Aircraft Procurement, Navy
For an additional amount for ``Aircraft Procurement, Navy'',
$95,153,000, to remain available until September 30, 2022:
Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Weapons Procurement, Navy
For an additional amount for ``Weapons Procurement, Navy'',
$116,429,000, to remain available until September 30, 2022:
Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Procurement of Ammunition, Navy and Marine Corps
For an additional amount for ``Procurement of Ammunition,
Navy and Marine Corps'', $204,814,000, to remain available
until September 30, 2022: Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
Other Procurement, Navy
For an additional amount for ``Other Procurement, Navy'',
$351,250,000, to remain available until September 30, 2022:
Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Procurement, Marine Corps
For an additional amount for ``Procurement, Marine Corps'',
$20,589,000, to remain available until September 30, 2022:
Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Aircraft Procurement, Air Force
For an additional amount for ``Aircraft Procurement, Air
Force'', $851,310,000, to remain available until September 30,
2022: Provided, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Missile Procurement, Air Force
For an additional amount for ``Missile Procurement, Air
Force'', $201,671,000, to remain available until September 30,
2022: Provided, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Procurement of Ammunition, Air Force
For an additional amount for ``Procurement of Ammunition, Air
Force'', $934,758,000, to remain available until September 30,
2022: Provided, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Other Procurement, Air Force
For an additional amount for ``Other Procurement, Air
Force'', $3,748,801,000, to remain available until September
30, 2022: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
Procurement, Defense-Wide
For an additional amount for ``Procurement, Defense-Wide'',
$438,064,000, to remain available until September 30, 2022:
Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
National Guard and Reserve Equipment Account
For procurement of rotary-wing aircraft; combat, tactical and
support vehicles; other weapons; and other procurement items
for the reserve components of the Armed Forces, $1,300,000,000,
to remain available for obligation until September 30, 2022:
Provided, That the Chiefs of National Guard and Reserve
components shall, not later than 30 days after enactment of
this Act, individually submit to the congressional defense
committees the modernization priority assessment for their
respective National Guard or Reserve component: Provided
further, That none of the funds made available by this
paragraph may be used to procure manned fixed wing aircraft, or
procure or modify missiles, munitions, or ammunition: Provided
further, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
For an additional amount for ``Research, Development, Test
and Evaluation, Army'', $147,304,000, to remain available until
September 30, 2021: Provided, That such amount is designated
by the Congress for Overseas Contingency Operations/Global War
on Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Research, Development, Test and Evaluation, Navy
For an additional amount for ``Research, Development, Test
and Evaluation, Navy'', $164,410,000, to remain available until
September 30, 2021: Provided, That such amount is designated
by the Congress for Overseas Contingency Operations/Global War
on Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Research, Development, Test and Evaluation, Air Force
For an additional amount for ``Research, Development, Test
and Evaluation, Air Force'', $128,248,000, to remain available
until September 30, 2021: Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
Research, Development, Test and Evaluation, Defense-Wide
For an additional amount for ``Research, Development, Test
and Evaluation, Defense-Wide'', $394,260,000, to remain
available until September 30, 2021: Provided, That such amount
is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For an additional amount for ``Defense Working Capital
Funds'', $20,100,000: Provided, That such amount is designated
by the Congress for Overseas Contingency Operations/Global War
on Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For an additional amount for ``Defense Health Program'',
$347,746,000, which shall be for operation and maintenance:
Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Drug Interdiction and Counter-Drug Activities, Defense
For an additional amount for ``Drug Interdiction and Counter-
Drug Activities, Defense'', $153,100,000: Provided, That such
amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Office of the Inspector General
For an additional amount for the ``Office of the Inspector
General'', $24,254,000: Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
GENERAL PROVISIONS--THIS TITLE
Sec. 9001. Notwithstanding any other provision of law, funds
made available in this title are in addition to amounts
appropriated or otherwise made available for the Department of
Defense for fiscal year 2020.
(including transfer of funds)
Sec. 9002. Upon the determination of the Secretary of
Defense that such action is necessary in the national interest,
the Secretary may, with the approval of the Office of
Management and Budget, transfer up to $2,000,000,000 between
the appropriations or funds made available to the Department of
Defense in this title: Provided, That the Secretary shall
notify the Congress promptly of each transfer made pursuant to
the authority in this section: Provided further, That the
authority provided in this section is in addition to any other
transfer authority available to the Department of Defense and
is subject to the same terms and conditions as the authority
provided in section 8005 of this Act.
Sec. 9003. Supervision and administration costs and costs
for design during construction associated with a construction
project funded with appropriations available for operation and
maintenance or the ``Afghanistan Security Forces Fund''
provided in this Act and executed in direct support of overseas
contingency operations in Afghanistan, may be obligated at the
time a construction contract is awarded: Provided, That, for
the purpose of this section, supervision and administration
costs and costs for design during construction include all in-
house Government costs.
Sec. 9004. From funds made available in this title, the
Secretary of Defense may purchase for use by military and
civilian employees of the Department of Defense in the United
States Central Command area of responsibility: (1) passenger
motor vehicles up to a limit of $75,000 per vehicle; and (2)
heavy and light armored vehicles for the physical security of
personnel or for force protection purposes up to a limit of
$450,000 per vehicle, notwithstanding price or other
limitations applicable to the purchase of passenger carrying
vehicles.
Sec. 9005. Not to exceed $5,000,000 of the amounts
appropriated by this title under the heading ``Operation and
Maintenance, Army'' may be used, notwithstanding any other
provision of law, to fund the Commanders' Emergency Response
Program (CERP), for the purpose of enabling military commanders
in Afghanistan to respond to urgent, small-scale, humanitarian
relief and reconstruction requirements within their areas of
responsibility: Provided, That each project (including any
ancillary or related elements in connection with such project)
executed under this authority shall not exceed $2,000,000:
Provided further, That not later than 45 days after the end of
each 6 months of the fiscal year, the Secretary of Defense
shall submit to the congressional defense committees a report
regarding the source of funds and the allocation and use of
funds during that 6-month period that were made available
pursuant to the authority provided in this section or under any
other provision of law for the purposes described herein:
Provided further, That, not later than 30 days after the end of
each fiscal year quarter, the Army shall submit to the
congressional defense committees quarterly commitment,
obligation, and expenditure data for the CERP in Afghanistan:
Provided further, That, not less than 15 days before making
funds available pursuant to the authority provided in this
section or under any other provision of law for the purposes
described herein for a project with a total anticipated cost
for completion of $500,000 or more, the Secretary shall submit
to the congressional defense committees a written notice
containing each of the following:
(1) The location, nature and purpose of the proposed
project, including how the project is intended to
advance the military campaign plan for the country in
which it is to be carried out.
(2) The budget, implementation timeline with
milestones, and completion date for the proposed
project, including any other CERP funding that has been
or is anticipated to be contributed to the completion
of the project.
(3) A plan for the sustainment of the proposed
project, including the agreement with either the host
nation, a non-Department of Defense agency of the
United States Government or a third-party contributor
to finance the sustainment of the activities and
maintenance of any equipment or facilities to be
provided through the proposed project.
Sec. 9006. Funds available to the Department of Defense for
operation and maintenance may be used, notwithstanding any
other provision of law, to provide supplies, services,
transportation, including airlift and sealift, and other
logistical support to allied forces participating in a combined
operation with the armed forces of the United States and
coalition forces supporting military and stability operations
in Afghanistan and to counter the Islamic State of Iraq and
Syria: Provided, That the Secretary of Defense shall provide
quarterly reports to the congressional defense committees
regarding support provided under this section.
Sec. 9007. None of the funds appropriated or otherwise made
available by this or any other Act shall be obligated or
expended by the United States Government for a purpose as
follows:
(1) To establish any military installation or base
for the purpose of providing for the permanent
stationing of United States Armed Forces in Iraq.
(2) To exercise United States control over any oil
resource of Iraq.
(3) To establish any military installation or base
for the purpose of providing for the permanent
stationing of United States Armed Forces in
Afghanistan.
Sec. 9008. None of the funds made available in this Act may
be used in contravention of the following laws enacted or
regulations promulgated to implement the United Nations
Convention Against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment (done at New York on December
10, 1984):
(1) Section 2340A of title 18, United States Code.
(2) Section 2242 of the Foreign Affairs Reform and
Restructuring Act of 1998 (division G of Public Law
105-277; 112 Stat. 2681-822; 8 U.S.C. 1231 note) and
regulations prescribed thereto, including regulations
under part 208 of title 8, Code of Federal Regulations,
and part 95 of title 22, Code of Federal Regulations.
(3) Sections 1002 and 1003 of the Department of
Defense, Emergency Supplemental Appropriations to
Address Hurricanes in the Gulf of Mexico, and Pandemic
Influenza Act, 2006 (Public Law 109-148).
Sec. 9009. None of the funds provided for the ``Afghanistan
Security Forces Fund'' (ASFF) may be obligated prior to the
approval of a financial and activity plan by the Afghanistan
Resources Oversight Council (AROC) of the Department of
Defense: Provided, That the AROC must approve the requirement
and acquisition plan for any service requirements in excess of
$50,000,000 annually and any non-standard equipment
requirements in excess of $100,000,000 using ASFF: Provided
further, That the Department of Defense must certify to the
congressional defense committees that the AROC has convened and
approved a process for ensuring compliance with the
requirements in the preceding proviso and accompanying report
language for the ASFF.
Sec. 9010. Funds made available in this title to the
Department of Defense for operation and maintenance may be used
to purchase items having an investment unit cost of not more
than $250,000: Provided, That, upon determination by the
Secretary of Defense that such action is necessary to meet the
operational requirements of a Commander of a Combatant Command
engaged in contingency operations overseas, such funds may be
used to purchase items having an investment item unit cost of
not more than $500,000.
Sec. 9011. Up to $500,000,000 of funds appropriated by this
Act for the Defense Security Cooperation Agency in ``Operation
and Maintenance, Defense-Wide'' may be used to provide
assistance to the Government of Jordan to support the armed
forces of Jordan and to enhance security along its borders.
Sec. 9012. None of the funds made available by this Act
under the heading ``Counter-ISIS Train and Equip Fund'' may be
used to procure or transfer man-portable air defense systems.
Sec. 9013. Of the amounts appropriated in this title under
the heading ``Operation and Maintenance, Defense-Wide'', for
the Defense Security Cooperation Agency, $250,000,000, of which
$125,000,000, to remain available until September 30, 2020,
shall be for the Ukraine Security Assistance Initiative:
Provided, That such funds shall be available to the Secretary
of Defense, in coordination with the Secretary of State, to
provide assistance, including training; equipment; lethal
assistance; logistics support, supplies and services;
sustainment; and intelligence support to the military and
national security forces of Ukraine, and for replacement of any
weapons or articles provided to the Government of Ukraine from
the inventory of the United States: Provided further, That of
the amounts made available in this section, $50,000,000 shall
be available only for lethal assistance described in paragraphs
(2) and (3) of section 1250(b) of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92):
Provided further, That the Secretary of Defense shall, not less
than 15 days prior to obligating funds provided under this
heading, notify the congressional defense committees in writing
of the details of any such obligation: Provided further, That
the Secretary of Defense shall, not less than 90 days after
such notification is made, inform such committees if such funds
have not been obligated and the reasons therefor: Provided
further, That the United States may accept equipment procured
using funds provided under this heading in this or prior Acts
that was transferred to the security forces of Ukraine and
returned by such forces to the United States: Provided
further, That equipment procured using funds provided under
this heading in this or prior Acts, and not yet transferred to
the military or National Security Forces of Ukraine or returned
by such forces to the United States, may be treated as stocks
of the Department of Defense upon written notification to the
congressional defense committees: Provided further, That
amounts made available by this section are designated by the
Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
Sec. 9014. Funds appropriated in this title shall be
available for replacement of funds for items provided to the
Government of Ukraine from the inventory of the United States
to the extent specifically provided for in section 9013 of this
Act.
Sec. 9015. None of the funds made available by this Act
under section 9013 may be used to procure or transfer man-
portable air defense systems.
Sec. 9016. Equipment procured using funds provided in prior
Acts under the heading ``Counterterrorism Partnerships Fund''
for the program authorized by section 1209 of the Carl Levin
and Howard P. ``Buck'' McKeon National Defense Authorization
Act for Fiscal Year 2015 (Public Law 113-291), and not yet
transferred to authorized recipients may be transferred to
foreign security forces, irregular forces, groups, or
individuals, authorized to receive assistance using amounts
provided under the heading ``Counter-ISIS Train and Equip
Fund'' in this Act: Provided, That such equipment may be
transferred 15 days following written notification to the
congressional defense committees.
Sec. 9017. (a) None of the funds appropriated or otherwise
made available by this Act under the heading ``Operation and
Maintenance, Defense-Wide'' for payments under section 1233 of
Public Law 110-181 for reimbursement to the Government of
Pakistan may be made available unless the Secretary of Defense,
in coordination with the Secretary of State, certifies to the
congressional defense committees that the Government of
Pakistan is--
(1) cooperating with the United States in
counterterrorism efforts against the Haqqani Network,
the Quetta Shura Taliban, Lashkar e-Tayyiba, Jaish-e-
Mohammed, Al Qaeda, and other domestic and foreign
terrorist organizations, including taking steps to end
support for such groups and prevent them from basing
and operating in Pakistan and carrying out cross border
attacks into neighboring countries;
(2) not supporting terrorist activities against
United States or coalition forces in Afghanistan, and
Pakistan's military and intelligence agencies are not
intervening extra-judicially into political and
judicial processes in Pakistan;
(3) dismantling improvised explosive device (IED)
networks and interdicting precursor chemicals used in
the manufacture of IEDs;
(4) preventing the proliferation of nuclear-related
material and expertise;
(5) implementing policies to protect judicial
independence and due process of law;
(6) issuing visas in a timely manner for United
States visitors engaged in counterterrorism efforts and
assistance programs in Pakistan; and
(7) providing humanitarian organizations access to
detainees, internally displaced persons, and other
Pakistani civilians affected by the conflict.
(b) The Secretary of Defense, in coordination with the
Secretary of State, may waive the restriction in subsection (a)
on a case-by-case basis by certifying in writing to the
congressional defense committees that it is in the national
security interest to do so: Provided, That if the Secretary of
Defense, in coordination with the Secretary of State, exercises
such waiver authority, the Secretaries shall report to the
congressional defense committees on both the justification for
the waiver and on the requirements of this section that the
Government of Pakistan was not able to meet: Provided further,
That such report may be submitted in classified form if
necessary.
(including transfer of funds)
Sec. 9018. In addition to amounts otherwise made available
in this Act, $250,000,000 is hereby appropriated to the
Department of Defense and made available for transfer only to
the operation and maintenance, military personnel, and
procurement accounts, to improve near-term intelligence,
surveillance, and reconnaissance capabilities and related
processing, exploitation, and dissemination functions of the
Department of Defense: Provided, That the transfer authority
provided in this section is in addition to any other transfer
authority provided elsewhere in this Act: Provided further,
That not later than 30 days prior to exercising the transfer
authority provided in this section, the Secretary of Defense
shall submit a report to the congressional defense committees
on the proposed uses of these funds: Provided further, That
the funds provided in this section may not be transferred to
any program, project, or activity specifically limited or
denied by this Act: Provided further, That such funds may not
be obligated for new start efforts: Provided further, That
amounts made available by this section are designated by the
Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985: Provided
further, That the authority to provide funding under this
section shall terminate on September 30, 2020.
Sec. 9019. None of the funds made available by this Act may
be used with respect to Syria in contravention of the War
Powers Resolution (50 U.S.C. 1541 et seq.), including for the
introduction of United States armed or military forces into
hostilities in Syria, into situations in Syria where imminent
involvement in hostilities is clearly indicated by the
circumstances, or into Syrian territory, airspace, or waters
while equipped for combat, in contravention of the
congressional consultation and reporting requirements of
sections 3 and 4 of that law (50 U.S.C. 1542 and 1543).
Sec. 9020. None of the funds in this Act may be made
available for the transfer of additional C-130 cargo aircraft
to the Afghanistan National Security Forces or the Afghanistan
Air Force until the Department of Defense provides a report to
the congressional defense committees of the Afghanistan Air
Force's medium airlift requirements. The report should identify
Afghanistan's ability to utilize and maintain existing medium
lift aircraft in the inventory and the best alternative
platform, if necessary, to provide additional support to the
Afghanistan Air Force's current medium airlift capacity.
Sec. 9021. Funds available for the Afghanistan Security
Forces Fund may be used to provide limited training, equipment,
and other assistance that would otherwise be prohibited by 10
U.S.C. 362 to a unit of the security forces of Afghanistan only
if the Secretary certifies to the congressional defense
committees, within 30 days of a decision to provide such
assistance, that (1) a denial of such assistance would present
significant risk to U.S. or coalition forces or significantly
undermine United States national security objectives in
Afghanistan; and (2) the Secretary has sought a commitment by
the Government of Afghanistan to take all necessary corrective
steps: Provided, That such certification shall be accompanied
by a report describing: (1) the information relating to the
gross violation of human rights; (2) the circumstances that
necessitated the provision of such assistance; (3) the Afghan
security force unit involved; (4) the assistance provided and
the assistance withheld; and (5) the corrective steps to be
taken by the Government of Afghanistan: Provided further, That
every 120 days after the initial report an additional report
shall be submitted detailing the status of any corrective steps
taken by the Government of Afghanistan: Provided further, That
if the Government of Afghanistan has not initiated necessary
corrective steps within one year of the certification, the
authority under this section to provide assistance to such unit
shall no longer apply: Provided further, That the Secretary
shall submit a report to such committees detailing the final
disposition of the case by the Government of Afghanistan.
Sec. 9022. None of the funds made available by this Act may
be made available for any member of the Taliban except to
support a reconciliation activity that includes the
participation of members of the Government of Afghanistan, does
not restrict the participation of women, and is authorized by
section 1218 of the National Defense Authorization Act for
Fiscal Year 2020.
(rescissions)
Sec. 9023. Of the funds appropriated in Department of
Defense Appropriations Acts, the following funds are hereby
rescinded from the following accounts and programs in the
specified amounts: Provided, That such amounts are designated
by the Congress for Overseas Contingency Operations/Global War
on Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985:
``Weapons and Tracked Combat Vehicles, Army'', 2018/
2020, $30,000,000;
``Aircraft Procurement, Air Force'', 2018/2020,
$32,300,000;
``Operation and Maintenance, Defense-Wide: DSCA
Security Cooperation'', 2019/2020, $55,000,000;
``Operation and Maintenance, Defense-Wide: Coalition
Support Fund'', 2019/2020, $30,000,000;
``Afghanistan Security Forces Fund'', 2019/2020,
$396,000,000;
``Counter-ISIS Train and Equip Fund'', 2019/2020,
$450,000,000;
``Missile Procurement, Army'', 2019/2021,
$13,176,000;
``Weapons and Tracked Combat Vehicles, Army'', 2019/
2021, $52,477,000;
``Other Procurement, Army'', 2019/2021, $8,750,000;
``Procurement of Ammunition, Navy and Marine Corps'',
2019/2021, $16,574,000;
``Aircraft Procurement, Air Force'', 2019/2021,
$24,713,000; and
``Missile Procurement, Air Force'', 2019/2021,
$25,752,000.
Sec. 9024. Nothing in this Act may be construed as
authorizing the use of force against Iran.
TITLE X
NATURAL DISASTER RELIEF
OPERATION AND MAINTENANCE
Operation and Maintenance, Navy
For an additional amount for ``Operation and Maintenance,
Navy'', $427,000,000, for necessary expenses related to the
consequences of Hurricanes Michael and Florence and flooding
and earthquakes occurring in fiscal year 2019: Provided, That
such amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
Operation and Maintenance, Marine Corps
For an additional amount for ``Operation and Maintenance,
Marine Corps'', $394,000,000, for necessary expenses related to
the consequences of Hurricanes Michael and Florence and
flooding and earthquakes occurring in fiscal year 2019:
Provided, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Operation and Maintenance, Air Force
For an additional amount for ``Operation and Maintenance, Air
Force'', $110,000,000, for necessary expenses related to the
consequences of Hurricanes Michael and Florence and flooding
and earthquakes occurring in fiscal year 2019: Provided, That
such amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
Operation and Maintenance, Army National Guard
For an additional amount for ``Operation and Maintenance,
Army National Guard'', $45,700,000, for necessary expenses
related to the consequences of Hurricanes Michael and Florence
and flooding and earthquakes occurring in fiscal year 2019:
Provided, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
PROCUREMENT
Other Procurement, Navy
For an additional amount for ``Other Procurement, Navy''
$75,015,000, for necessary expenses related to the consequences
of Hurricanes Michael and Florence and flooding and earthquakes
occurring in fiscal year 2019: Provided, That such amount is
designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
Procurement, Marine Corps
For an additional amount for ``Procurement, Marine Corps''
$73,323,000, for necessary expenses related to the consequences
of Hurricanes Michael and Florence and flooding and earthquakes
occurring in fiscal year 2019: Provided, That such amount is
designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
Aircraft Procurement, Air Force
For an additional amount for ``Aircraft Procurement, Air
Force'' $204,448,000, for necessary expenses related to the
consequences of Hurricanes Michael and Florence and flooding
and earthquakes occurring in fiscal year 2019: Provided, That
such amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
Other Procurement, Air Force
For an additional amount for ``Other Procurement, Air Force''
$77,974,000, for necessary expenses related to the consequences
of Hurricanes Michael and Florence and flooding and earthquakes
occurring in fiscal year 2019: Provided, That such amount is
designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
Research, Development, Test and Evaluation, Navy
For an additional amount for ``Research, Development, Test
and Evaluation, Navy'' $130,444,000, for necessary expenses
related to the consequences of Hurricanes Michael and Florence
and flooding and earthquakes occurring in fiscal year 2019:
Provided, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For an additional amount for ``Defense Working Capital
Funds'' for the Navy Working Capital Fund, $233,500,000, for
necessary expenses related to the consequences of Hurricanes
Michael and Florence and flooding and earthquakes occurring in
fiscal year 2019: Provided, That such amount is designated by
the Congress as being for an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
GENERAL PROVISION--THIS TITLE
Sec. 10001. Notwithstanding any other provision of law,
funds made available under each heading in this title shall
only be used for the purposes specifically described under that
heading.
This division may be cited as the ``Department of Defense
Appropriations Act, 2020''.
[Clerk's note.--Reproduced below is the material relating
to division A contained in the Explanatory Statement regarding
H.R. 1158, the Consolidated Appropriations Act, 2020.\1\]
---------------------------------------------------------------------------
\1\ This Explanatory Statement was submitted for printing in the
Congressional Record on
December 17, 2019 by Mrs. Lowey of New York, Chairwoman of the House
Committee on Appropriations. The Statement appears on page H10613 of
Book II.
---------------------------------------------------------------------------
DIVISION A--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2020
The following is an explanation of the effects of this Act,
which makes appropriations for the Department of Defense for
fiscal year 2020. Unless otherwise noted, references to the
House and Senate reports are to House Report 116-84 and Senate
Report 116-103, respectively. The language contained in the
House and Senate reports warrant full compliance and carry the
same weight as language included in this explanatory statement
unless specifically addressed to the contrary in the bill or
this explanatory statement. While repeating some language from
the House or Senate reports for emphasis, this explanatory
statement does not intend to negate the language referred to
above unless expressly provided herein.
DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY
For the purposes of the Balanced Budget and Emergency
Deficit Control Act of 1985 (Public Law 99-177), as amended by
the Balanced Budget and Emergency Deficit Control Reaffirmation
Act of 1987 (Public Law 100-119), and by the Budget Enforcement
Act of 1990 (Public Law 101-508), the terms ``program, project,
and activity'' for appropriations contained in this Act shall
be defined as the most specific level of budget items
identified in the Department of Defense Appropriations Act,
2020, the related classified annexes and explanatory
statements, and the P-1 and R-1 budget justification documents
as subsequently modified by congressional action.
The following exception to the above definition shall
apply: the military personnel and the operation and maintenance
accounts, for which the term ``program, project, and activity''
is defined as the appropriations accounts contained in the
Department of Defense Appropriations Act.
At the time the President submits the budget request for
fiscal year 2021, the Secretary of Defense is directed to
transmit to the congressional defense committees budget
justification documents to be known as the ``M-1'' and the ``O-
1'' which shall identify, at the budget activity, activity
group, and sub-activity group level, the amounts requested by
the President to be appropriated to the Department of Defense
for military personnel and operation and maintenance in any
budget request, or amended budget request, for fiscal year
2021.
REPROGRAMMING GUIDANCE FOR BASE AND OVERSEAS CONTINGENCY OPERATIONS
FUNDING
The Secretary of Defense is directed to continue to follow
the reprogramming guidance for acquisition accounts as
specified in the report accompanying the House version of the
Department of Defense Appropriations bill for Fiscal Year 2008
(House Report 110-279). The dollar threshold for reprogramming
funds shall be $10,000,000 for military personnel; operation
and maintenance; procurement; and research, development, test
and evaluation.
Also, the Under Secretary of Defense (Comptroller) is
directed to continue to provide the congressional defense
committees annual DD Form 1416 reports for titles I and II and
quarterly, spreadsheet-based DD Form 1416 reports for Service
and defense-wide accounts in titles III and IV of this Act.
Reports for titles III and IV shall comply with guidance
specified in the explanatory statement accompanying the
Department of Defense Appropriations Act, 2006. The Department
shall continue to follow the limitation that prior approval
reprogrammings are set at either the specified dollar threshold
or 20 percent of the procurement or research, development, test
and evaluation line, whichever is less. These thresholds are
cumulative from the base for reprogramming value as modified by
any adjustments. Therefore, if the combined value of transfers
into or out of a military personnel (M-1); an operation and
maintenance (O-1); a procurement (P-1); or a research,
development, test and evaluation (R-1) line exceeds the
identified threshold, the Secretary of Defense must submit a
prior approval reprogramming to the congressional defense
committees. In addition, guidelines on the application of prior
approval reprogramming procedures for congressional special
interest items are established elsewhere in this statement.
FUNDING INCREASES
The funding increases outlined in the tables for each
appropriation account shall be provided only for the specific
purposes indicated in the tables.
CONGRESSIONAL SPECIAL INTEREST ITEMS
Items for which additional funds have been provided or
items for which funding is specifically reduced as shown in the
project level tables or in paragraphs using the phrase ``only
for'' or ``only to'' are congressional special interest items
for the purpose of the Base for Reprogramming (DD Form 1414).
Each of these items must be carried on the DD Form 1414 at the
stated amount, as specifically addressed in the explanatory
statement.
CLASSIFIED ANNEX
Adjustments to classified programs are addressed in the
accompanying classified annex.
JOINT ENTERPRISE DEFENSE INFRASTRUCTURE
The agreement notes that the Chief Information Officer of
the Department of Defense has provided the report required in
House Report 116-84 regarding the Department's plans to
transition to a multi-cloud environment and satisfied the
conditions that prohibited the obligation and expenditure of
funds to migrate data and applications to the Joint Enterprise
Defense Infrastructure cloud.
The agreement retains a requirement in House Report 116-84
requiring the Chief Information Officer of the Department of
Defense to submit quarterly reports on the implementation of
its cloud strategy.
MILCLOUD 2.0
It is understood that the Department of Defense is
currently operating milCloud 2.0, a commercially-owned and
operated cloud that is housed in two Defense Information
Systems Agency data centers, that offers cloud-based
infrastructure, platform, and software as-a-service solutions.
In May 2018, the Chief Information Officer of the Department of
Defense distributed a memorandum directing all Fourth Estate
agencies to migrate to milCloud 2.0. Per this direction, the
Department of Defense is encouraged to complete migration to
milCloud 2.0 by the end of fiscal year 2020.
SPECIAL OPERATIONS COMMAND OBLIGATION AND EXPENDITURE PLANS
The existing budget justification and quarterly execution
data lack certain details to analyze trends and program office
performance. To facilitate appropriate oversight, the Commander
of the United States Special Operations Command is directed to
provide the House and Senate Appropriations Committees detailed
spend plans at the project level for the procurement and
research and development appropriations accounts. The spend
plans shall include all active fiscal years, with monthly
obligation and target benchmarks. The first spend plan should
be provided not later than 45 days after the enactment of this
Act, and subsequent spend plans should be provided annually
with the submission of the budget request.
CIVILIAN PAY RAISE
The agreement recognizes the value of the Department of
Defense civilian workforce and acknowledges the 3.1 percent
federal pay raise for all federal civilian employees.
F-15EX
The agreement includes $1,052,900,000 for eight F-15EX
fighters and transfers $364,400,000 from Aircraft Procurement,
Air Force to Research, Development, Test and Evaluation, Air
Force for the procurement of two test aircraft and half of the
requested amount for non-recurring engineering. Of the funds
provided in Aircraft Procurement, Air Force for the remaining
six F-15EX aircraft, no more than $64,800,000 for long-lead
materials may be obligated until the Secretary of the Air Force
submits a report to the congressional defense committees with
the following documentation, or the milestone C-equivalents
under Section 804 middle tier acquisition authority, to include
an approved program acquisition strategy; a capability
production document; a life-cycle cost estimate; a life-cycle
sustainment plan; a test and evaluation master plan; and a
post-production fielding strategy. Additionally, the Secretary
of the Air Force is directed to include F-15EX program updates
and progress towards critical milestones in the Section 804
triannual reports to Congress. Finally, the Secretary of the
Air Force is directed to submit to the congressional defense
committees not later than 60 days after the enactment of this
Act a report with a comprehensive review of options to address
the Air Force fighter capacity shortfall. This language
replaces the language under the heading ``F-15EX'' in Senate
Report 116-103.
TITLE I--MILITARY PERSONNEL
The agreement provides $150,262,882,000 in Title I,
Military Personnel, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
SUMMARY OF MILITARY PERSONNEL END STRENGTH
----------------------------------------------------------------------------------------------------------------
Fiscal year 2020
-------------------------------------------------------------
Change
Fiscal year Budget Change from
2019 Request Final Bill from fiscal
authorized request year 2019
----------------------------------------------------------------------------------------------------------------
Active Forces (End Strength):
Army.......................................... 487,500 480,000 480,000 - - - -7,500
Navy.......................................... 335,400 340,500 340,500 - - - 5,100
Marine Corps.................................. 186,100 186,200 186,200 - - - 100
Air Force..................................... 329,100 332,800 332,800 - - - 3,700
Total, Active Forces...................... 1,338,100 1,339,500 1,339,500 - - - 1,400
Guard and Reserve Forces (End Strength):
Army Reserve.................................. 199,500 189,500 189,500 - - - -10,000
Navy Reserve.................................. 59,100 59,000 59,000 - - - -100
Marine Corps Reserve.......................... 38,500 38,500 38,500 - - - - - -
Air Force Reserve............................. 70,000 70,100 70,100 - - - 100
Army National Guard........................... 343,500 336,000 336,000 - - - -7,500
Air National Guard............................ 107,100 107,700 107,700 - - - 600
Total, Selected Reserve................... 817,700 800,800 800,800 - - - -16,900
-------------------------------------------------------------
Total, Military Personnel................. 2,155,800 2,140,300 2,140,300 - - - -15,500
----------------------------------------------------------------------------------------------------------------
SUMMARY OF GUARD AND RESERVE FULL-TIME STRENGTH
----------------------------------------------------------------------------------------------------------------
Fiscal year 2020
-------------------------------------------------------------
Change
Fiscal year Budget Change from
2019 Request Final Bill from fiscal
authorized request year 2019
----------------------------------------------------------------------------------------------------------------
Active Guard and Reserve:
Army Reserve.................................. 16,386 16,511 16,511 - - - 125
Navy Reserve.................................. 10,110 10,155 10,155 - - - 45
Marine Corps Reserve.......................... 2,261 2,386 2,386 - - - 125
Air Force Reserve............................. 3,849 4,431 4,431 - - - 582
Army National Guard........................... 30,595 30,595 30,595 - - - - - -
Air National Guard............................ 19,861 22,637 22,637 - - - 2,776
-------------------------------------------------------------
Total, Full-Time Support.................. 83,062 86,715 86,715 - - - 3,653
----------------------------------------------------------------------------------------------------------------
MILITARY PERSONNEL OVERVIEW
The agreement provides the resources required for 1,339,500
active forces and 800,800 selected reserve forces, as requested
and authorized by current law, in order to meet operational
needs for fiscal year 2020. The agreement also provides the
funding necessary to support a 3.1 percent pay raise for all
military personnel, as authorized, effective January 1, 2020.
REPROGRAMMING GUIDANCE FOR MILITARY PERSONNEL ACCOUNTS
(INCLUDING BASE AND OVERSEAS CONTINGENCY OPERATIONS FUNDING)
The Secretary of Defense is directed to submit the Base for
Reprogramming (DD Form 1414) for each of the fiscal year 2020
appropriations accounts not later than 60 days after the
enactment of this Act. The Secretary of Defense is prohibited
from executing any reprogramming or transfer of funds for any
purpose other than originally appropriated until the
aforementioned report is submitted to the House and Senate
Defense Appropriations Subcommittees.
The Secretary of Defense is directed to use the normal
prior approval reprogramming procedures to transfer funds in
the Services' military personnel accounts between budget
activities in excess of $10,000,000.
MILITARY PERSONNEL SPECIAL INTEREST ITEMS
Items for which additional funds have been provided or have
been specifically reduced as shown in the project level tables
or in paragraphs using the phrase ``only for'' or ``only to''
in the explanatory statement are congressional special interest
items for the purpose of the Base for Reprogramming (DD Form
1414). Each of these items must be carried on the DD Form 1414
at the stated amount as specifically addressed in the
explanatory statement. Below Threshold Reprogrammings may not
be used to either restore or reduce funding from congressional
special interest items as identified on the DD Form 1414.
MILITARY PERSONNEL, ARMY
The agreement provides $42,746,972,000 for Military
Personnel, Army, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
MILITARY PERSONNEL, NAVY
The agreement provides $31,710,431,000 for Military
Personnel, Navy, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
MILITARY PERSONNEL, MARINE CORPS
The agreement provides $14,098,666,000 for Military
Personnel, Marine Corps, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
MILITARY PERSONNEL, AIR FORCE
The agreement provides $31,239,149,000 for Military
Personnel, Air Force, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
RESERVE PERSONNEL, ARMY
The agreement provides $4,922,087,000 for Reserve
Personnel, Army, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
RESERVE PERSONNEL, NAVY
The agreement provides $2,115,997,000 for Reserve
Personnel, Navy, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
RESERVE PERSONNEL, MARINE CORPS
The agreement provides $833,604,000 for Reserve Personnel,
Marine Corps, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
RESERVE PERSONNEL, AIR FORCE
The agreement provides $2,014,190,000 for Reserve
Personnel, Air Force, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
NATIONAL GUARD PERSONNEL, ARMY
The agreement provides $8,704,320,000 for National Guard
Personnel, Army, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
NATIONAL GUARD PERSONNEL, AIR FORCE
The agreement provides $4,060,651,000 for National Guard
Personnel, Air Force, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
TITLE II--OPERATION AND MAINTENANCE
The agreement provides $199,415,415,000 in Title II,
Operation and Maintenance, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
REPROGRAMMING GUIDANCE FOR OPERATION AND MAINTENANCE ACCOUNTS
(INCLUDING BASE AND OVERSEAS CONTINGENCY OPERATIONS FUNDING)
The Secretary of Defense is directed to submit the Base for
Reprogramming (DD Form 1414) for each of the fiscal year 2020
appropriation accounts not later than 60 days after the
enactment of this Act. The Secretary of Defense is prohibited
from executing any reprogramming or transfer of funds for any
purpose other than originally appropriated until the
aforementioned report is submitted to the House and Senate
Defense Appropriations Subcommittees.
The Secretary of Defense is directed to use the normal
prior approval reprogramming procedures to transfer funds in
the Services' operation and maintenance accounts between O-1
budget activities, or between sub-activity groups in the case
of Operation and Maintenance, Defense-Wide, in excess of
$10,000,000. In addition, the Secretary of Defense shall follow
prior approval reprogramming procedures for transfers in excess
of $10,000,000 out of the following readiness sub-activity
groups:
Army:
Maneuver units
Modular support brigades
Land forces operations support
Aviation assets
Force readiness operations support
Land forces depot maintenance
Base operations support
Facilities sustainment, restoration, and modernization
Specialized skill training
Navy:
Mission and other flight operations
Fleet air training
Aircraft depot maintenance
Mission and other ship operations
Ship depot maintenance
Facilities sustainment, restoration, and modernization
Marine Corps:
Operational forces
Field logistics
Depot maintenance
Facilities sustainment, restoration, and modernization
Air Force:
Primary combat forces
Combat enhancement forces
Depot purchase equipment maintenance
Facilities sustainment, restoration, and modernization
Contractor logistics support and system support
Flying hour program
Air Force Reserve:
Primary combat forces
Air National Guard:
Aircraft operations
Additionally, the Secretary of Defense is directed to use
normal prior approval reprogramming procedures when
implementing transfers in excess of $10,000,000 into the
following budget sub-activities:
Operation and Maintenance, Army:
Recruiting and advertising
Operation and Maintenance, Army National Guard:
Other personnel support/recruiting and advertising
OPERATION AND MAINTENANCE SPECIAL INTEREST ITEMS
Items for which additional funds have been provided or have
been specifically reduced as shown in the project level tables
or in paragraphs using the phrase ``only for'' or ``only to''
in the explanatory statement are congressional special interest
items for the purpose of the Base for Reprogramming (DD Form
1414). Each of these items must be carried on the DD Form 1414
at the stated amount as specifically addressed in the
explanatory statement. Below Threshold Reprogrammings may not
be used to either restore or reduce funding from congressional
special interest items as identified on the DD Form 1414.
90/10 RULE
The agreement adopts the reporting requirements contained
under the heading ``90/10 Rule'' in House Report 116-84 but
changes the submission date to not later than 180 days after
the enactment of this Act. Further, the Secretary of Defense is
directed to work collaboratively with the Secretaries of
Education and Veterans Affairs on an authoritative data set
that includes the total funding level to each for-profit
institution for the most recent academic year from all sources
provided by the Departments of Education, Veterans Affairs, and
Defense to more accurately derive estimates for the reporting
requirement to the congressional committees.
DEFENSE PERSONAL PROPERTY PROGRAM
The agreement supports the desire and commitment of the
United States Transportation Command (USTRANSCOM) to improve
the current system for the movement of personal effects within
the Department of Defense. However, concerns over USTRANSCOM's
plan to award a single source contract remain. Therefore, in
addition to any other requirements, this agreement directs that
no such single source award may be signed before April 1, 2020;
and before the Commander of USTRANSCOM has provided the
congressional defense committees with a description of
anticipated cost savings broken out by Service across the
Future Years Defense Program.
WIND ENERGY
The agreement does not adopt the language under the heading
``Wind Energy'' in House Report 116-84.
OPERATION AND MAINTENANCE, ARMY
The agreement provides $39,597,083,000 for Operation and
Maintenance, Army, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
OPERATION AND MAINTENANCE, NAVY
The agreement provides $47,622,510,000 for Operation and
Maintenance, Navy, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
PRIVATE CONTRACTED SHIP MAINTENANCE
The agreement includes a pilot program to fund the private
contract ship maintenance planned for the Pacific Fleet in
fiscal year 2020 in Other Procurement, Navy, as proposed in
Senate Report 116-103. The funding in Other Procurement, Navy
line 23x Ship Maintenance, Repair and Modernization shall only
be for such activities executed in the United States and is
hereby designated a congressional special interest item. The
Secretary of the Navy shall provide the congressional defense
committees the following in relation to the pilot--
1. An execution plan for the funding in Other Procurement,
Navy line 23x, Ship Maintenance, Repair and Modernization. This
shall be submitted to the congressional defense committees
prior to the execution of funding and shall include the
following data points for each ship included in the pilot
program:
a. Ship class, hull number and name of each ship;
b. Type of availability;
c. Location of the work;
d. Execution plan start date;
e. Execution plan end date; and
f. Execution plan funded amount (in thousands).
2. Not later than 15 days after the end of each fiscal
quarter, an updated plan to the first report showing:
a. Ship class, hull number and name of each ship;
b. Type of availability;
c. Location of the work;
d. Actual or current estimate of start date;
e. Actual or current estimate of end date;
f. Actual funded amount and estimate to complete (in
thousands); and
the quarterly update shall also include an execution review of
the funding in line 1B4B Ship Depot Maintenance in Operation
and Maintenance, Navy.
ANALYSIS OF AIRCRAFT CARRIER, SURFACE SHIP, AND SUBMARINE MAINTENANCE
DELAYS
Completing maintenance on time is integral to supporting
fleet readiness, meeting strategic and operational
requirements, and ensuring the Navy's ships reach their
expected service lives. From numerous reports, the Navy
continues to face persistent maintenance delays that affect the
majority of its maintenance efforts and threaten its attempt to
restore readiness. Since fiscal year 2014, Navy ships have
spent over 27,000 more days in maintenance than expected, with
70 percent of maintenance periods on average experiencing
delays. There is some preliminary evidence that the Navy has
begun pilot efforts to analyze maintenance challenges for some
elements of the fleet. However, these efforts are not
comprehensively examining the root causes of delays across the
entire fleet. Further, absent such an analysis, the Navy is not
well positioned to develop a plan to address its persistent
maintenance delays.
To address these issues, the Secretary of the Navy is
directed to assign responsibility to conduct a comprehensive
and systematic analysis to identify the underlying causes of
aircraft carrier, surface ship, and submarine maintenance
delays and submit a report on its findings not later than 180
days after the enactment of this Act to the congressional
defense committees and to the Government Accountability Office.
This report shall incorporate results-oriented elements,
including analytically-based goals; metrics to measure
progress; and the identification of required resources, risks,
and stakeholders to achieve those goals. The Secretary of the
Navy shall update the congressional defense committees annually
thereafter on its progress to achieve the goals set forth in
the plan. Further, the Comptroller General of the United States
is directed to submit a review of the report to the
congressional defense committees not later than 90 days after
receiving the report from the Navy.
JET NOISE
Communities situated around military installations with
airfields have expressed concerns of the negative effects that
jet noise may have on them. It is acknowledged that modeling
aircraft noise, as opposed to measuring it, provides the most
accurate assessment of impacts on a community. Therefore, the
Secretary of the Navy is directed to model the level of jet
noise generated by Navy aviation assets and to make that data
available to the public.
OPERATION AND MAINTENANCE, MARINE CORPS
The agreement provides $7,868,468,000 for Operation and
Maintenance, Marine Corps, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
OPERATION AND MAINTENANCE, AIR FORCE
The agreement provides $42,736,365,000 for Operation and
Maintenance, Air Force, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
RC-26B
It is understood that the National Defense Authorization
Act for Fiscal Year 2020 addresses the RC-26B aircraft matter.
OPERATION AND MAINTENANCE, SPACE FORCE
The agreement provides $40,000,000 for Operation and
Maintenance, Space Force, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
OPERATION AND MAINTENANCE, SPACE FORCE SPEND PLAN
The Secretary of the Air Force is directed to provide a
spend plan by month for fiscal year 2020 Operation and
Maintenance, Space Force funding to the congressional defense
committees not later than 30 days after the enactment of this
Act. The spend plan shall include, but not be limited to,
funding for civilian personnel (including the number of full-
time equivalents), supplies and materials, and contract
support. If there is a change to the spend plan in any given
quarter, the Secretary of the Air Force shall provide written
notification to the congressional defense committees not later
than 10 business days following the end of that quarter
explaining any adjustments.
OPERATION AND MAINTENANCE, DEFENSE-WIDE
The agreement provides $37,491,073,000 for Operation and
Maintenance, Defense-Wide, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
DEFENSE LANGUAGE AND NATIONAL SECURITY EDUCATION OFFICE
The Defense Language and National Security Education Office
provides critical college accredited training for service
members and government officials in a number of languages and
strategic cultures in partnership with universities across the
country. A report provided by the Department of Defense in
response to language included in the report accompanying the
Department of Defense Appropriations Act, 2019 (Public Law 115-
245) regarding the Department's ability to fill positions
requiring high level strategic language capability reflects the
clear and demonstrable need for increased resources. The
Secretary of Defense is encouraged to place a higher priority
on the Language Training Centers and the Language Flagship
strategic language training program. The agreement designates
the funding included in the fiscal year 2020 budget request for
the Language Training Centers as a congressional special
interest item.
It is further noted that funding for the Language Flagship
program has not been increased since its inception in 2003 and
the Secretary of Defense is urged to provide additional
resources to the Language Flagship program that ensure both
military and civilian personnel receive the language and
culture training needed to effectively complete missions.
Additionally, the Secretary of Defense is directed to identify
additional resources that may be required to address existing
shortfalls in this skillset.
SECURITY ASSISTANCE PROGRAMS
Prior to the initial obligation of funds made available in
Title II and Title IX of this Act for the Defense Security
Cooperation Agency (DSCA), the Director of DSCA is directed to
submit a spend plan by budget activity and sub-activity to the
House and Senate Appropriations Committees. For funds planned
for the Security Cooperation Account, the Director shall, in
coordination with the geographic combatant commanders, include
amounts planned for each combatant command and country, and a
comparison to such amounts provided in the previous three
fiscal years. Amounts in the plan shall only reflect those
amounts designated in the fiscal year 2020 budget justification
materials and modified by fiscal year 2020 appropriations
adjustments in this Act and in the table under this heading for
DSCA. The plan shall be updated and submitted to the House and
Senate Appropriations Committees upon notification of funds
under this heading to include a justification for changes made.
A similar plan shall be provided to such Committees outlining
funds requested for fiscal year 2021 with the submission of the
fiscal year 2021 budget request.
INDO-PACIFIC STRATEGIC FRAMEWORK AND PLAN
The Secretary of Defense is directed to submit a copy of
the Indo-Pacific Strategic Framework and the Indo-Pacific
Implementation Plan to the congressional defense committees not
later than 30 days after the enactment of this Act.
OPERATION AND MAINTENANCE, ARMY RESERVE
The agreement provides $2,984,494,000 for Operation and
Maintenance, Army Reserve, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
OPERATION AND MAINTENANCE, NAVY RESERVE
The agreement provides $1,102,616,000 for Operation and
Maintenance, Navy Reserve, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
OPERATION AND MAINTENANCE, MARINE CORPS RESERVE
The agreement provides $289,076,000 for Operation and
Maintenance, Marine Corps Reserve, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
OPERATION AND MAINTENANCE, AIR FORCE RESERVE
The agreement provides $3,227,318,000 for Operation and
Maintenance, Air Force Reserve, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD
The agreement provides $7,461,947,000 for Operation and
Maintenance, Army National Guard, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
OPERATION AND MAINTENANCE, AIR NATIONAL GUARD
The agreement provides $6,655,292,000 for Operation and
Maintenance, Air National Guard, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
The agreement provides $14,771,000 for the United States
Court of Appeals for the Armed Forces.
ENVIRONMENTAL RESTORATION, ARMY
The agreement provides $251,700,000, an increase of
$44,182,000 above the budget request, for Environmental
Restoration, Army. Specifically, $42,482,000 is provided as a
general program increase and $1,700,000 is provided to address
costs associated with remediating contamination caused by
perfluorinated chemicals.
ENVIRONMENTAL RESTORATION, NAVY
The agreement provides $385,000,000, an increase of
$49,068,000 above the budget request, for Environmental
Restoration, Navy.
ENVIRONMENTAL RESTORATION, AIR FORCE
The agreement provides $485,000,000, an increase of
$182,256,000 above the budget request, for Environmental
Restoration, Air Force. Specifically, $82,256,000 is provided
as a general program increase and $100,000,000 is provided to
address costs associated with remediating contamination caused
by perfluorinated chemicals.
ENVIRONMENTAL RESTORATION, DEFENSE-WIDE
The agreement provides $19,002,000, an increase of
$9,897,000 above the budget request, for Environmental
Restoration, Defense-Wide.
ENVIRONMENTAL RESTORATION, FORMERLY USED DEFENSE SITES
The agreement provides $275,000,000, an increase of
$58,501,000 above the budget request, for Environmental
Restoration, Formerly Used Defense Sites.
OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID
The agreement provides $135,000,000 for Overseas
Humanitarian, Disaster, and Civic Aid, as follows:
EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
[In thousands of dollars]
------------------------------------------------------------------------
Budget
Request Final Bill
------------------------------------------------------------------------
FOREIGN DISASTER RELIEF................. 21,277 35,000
Program increase.................... 13,723
HUMANITARIAN ASSISTANCE................. 74,564 85,000
Program increase.................... 10,436
HUMANITARIAN MINE ACTION PROGRAM........ 12,759 15,000
Program increase.................... 2,241
-------------------------------
Total, Overseas Humanitarian, 108,600 135,000
Disaster, and Civic Aid........
------------------------------------------------------------------------
COOPERATIVE THREAT REDUCTION ACCOUNT
The agreement provides $373,700,000 for the Cooperative
Threat Reduction Account, as follows:
EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
[In thousands of dollars]
------------------------------------------------------------------------
Budget
Request Final Bill
------------------------------------------------------------------------
Strategic Offensive Arms Elimination.... 492 492
Chemical Weapons Destruction............ 12,856 12,856
Global Nuclear Security................. 33,919 48,919
Program increase--Global Nuclear 15,000
Security...........................
Biological Threat Reduction Program..... 183,642 203,642
Program increase--Biological Threat 20,000
Reduction program..................
Proliferation Prevention Program........ 79,869 79,869
Other Assessments/Admin Costs........... 27,922 27,922
-------------------------------
Total, Cooperative Threat 338,700 373,700
Reduction Account..............
------------------------------------------------------------------------
DEPARTMENT OF DEFENSE ACQUISITION WORKFORCE DEVELOPMENT FUND
The agreement provides $400,000,000 for the Department of
Defense Acquisition Workforce Development Fund, as follows:
EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
[In thousands of dollars]
------------------------------------------------------------------------
Budget
Request Final Bill
------------------------------------------------------------------------
TRAINING AND DEVELOPMENT................ 239,200 239,200
RETENTION AND RECOGNITION............... 20,000 20,000
RECRUITING AND HIRING................... 140,800 140,800
UNDISTRIBUTED ADJUSTMENTS
Planned carryover--transfer to .............. -52,584
Department of Defense Acquisition
Workforce Initiatives..............
Execution delays--transfer to .............. -43,416
Department of Defense Acquisition
Workforce Initiatives..............
Program increase--Department of .............. 26,600
Defense Acquisition Workforce
Initiative SMART Corps for civilian
acquisition specialists............
Program increase--Department of .............. 48,000
Defense Acquisition Workforce
Initiative DAU transformation......
Program increase--Department of .............. 21,400
Defense Acquisition Workforce
Initiative Critical acquisition
workforce skills hiring initiative.
-------------------------------
Total, Department of Defense 400,000 400,000
Acquisition Workforce
Development Fund...............
------------------------------------------------------------------------
TITLE III--PROCUREMENT
The agreement provides $133,879,995,000 in Title III,
Procurement, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
REPROGRAMMING GUIDANCE FOR ACQUISITION ACCOUNTS
(INCLUDING BASE AND OVERSEAS CONTINGENCY OPERATIONS FUNDING)
The Secretary of Defense is directed to continue to follow
the reprogramming guidance as specified in the report
accompanying the House version of the Department of Defense
Appropriations bill for Fiscal Year 2008 (House Report 110-
279). Specifically, the dollar threshold for reprogramming
funds shall be $10,000,000 for procurement and research,
development, test and evaluation.
Also, the Under Secretary of Defense (Comptroller) is
directed to continue to provide the congressional defense
committees quarterly, spreadsheet-based DD Form 1416 reports
for Service and defense-wide accounts in titles III and IV of
this Act. Reports for titles III and IV shall comply with the
guidance specified in the explanatory statement accompanying
the Department of Defense Appropriations Act, 2006. The
Department shall continue to follow the limitation that prior
approval reprogrammings are set at either the specified dollar
threshold or 20 percent of the procurement or research,
development, test and evaluation line, whichever is less. These
thresholds are cumulative from the base for reprogramming value
as modified by any adjustments. Therefore, if the combined
value of transfers into or out of a procurement (P-1) or
research, development, test and evaluation (R-1) line exceeds
the identified threshold, the Secretary of Defense must submit
a prior approval reprogramming to the congressional defense
committees. In addition, guidelines on the application of prior
approval reprogramming procedures for congressional special
interest items are established elsewhere in this statement.
FUNDING INCREASES
The funding increases outlined in these tables shall be
provided only for the specific purposes indicated in the
tables.
PROCUREMENT SPECIAL INTEREST ITEMS
Items for which additional funds have been recommended or
items for which funding is specifically reduced as shown in the
project level tables detailing recommended adjustments or in
paragraphs using the phrase ``only for'' or ``only to'' in the
explanatory statement are congressional special interest items
for the purpose of the Base for Reprogramming (DD Form 1414).
Each of these items must be carried on the DD Form 1414 at the
stated amount, as specifically addressed elsewhere in the
explanatory statement.
JOINT STRIKE FIGHTER PRIOR YEAR SAVINGS
The recent Lot 12-14 contract agreement for procurement of
the F-35 Joint Strike Fighter resulted in substantial savings
from prior year appropriations due to declining unit costs. The
agreement preserves $250,400,000 of this savings within the
Aircraft Procurement, Navy and Aircraft Procurement, Air Force
accounts for fiscal years 2018 and 2019 in order to fund the
alternate sourcing of F-35 parts manufactured in the Republic
of Turkey. In addition, the agreement preserves $322,563,000 in
the same accounts for reinvestments identified by the Director
of the F-35 Joint Program Office to support future cost
reductions and more efficient sustainment and to convert F-
35As, previously designated for Turkey, for United States Air
Force use.
JOINT STRIKE FIGHTER SPARES DATA
The agreement provides $757,471,000 in additional spares
for all three variants of the Joint Strike Fighter. The
Secretary of Defense is directed to not obligate or expend more
than 50 percent of these funds until 15 days after the Director
of the F-35 Joint Program Office submits to the congressional
defense committees a certification that the Department of
Defense has submitted a formal request for proposal (RFP) for
provisioning and cataloguing data to the F-35 prime contractor,
and that the RFP has been coordinated with the prime contractor
for delivery of a proposal by the end of calendar year 2020.
Additionally, the Secretary of Defense is further directed to
include the costs of acquiring these data, as applicable, in
future budget exhibits and briefing materials for the
congressional defense committees beginning with the fiscal year
2021 budget submission. This language replaces the language
under the heading ``Positioning the F-35 Program for Continued
Success'' in House Report 116-84.
AIRCRAFT PROCUREMENT, ARMY
The agreement provides $3,771,329,000 for Aircraft
Procurement, Army, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
MISSILE PROCUREMENT, ARMY
The agreement provides $2,995,673,000 for Missile
Procurement, Army, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
PROCUREMENT OF WEAPONS AND TRACKED COMBAT VEHICLES, ARMY
The agreement provides $4,663,597,000 for Procurement of
Weapons and Tracked Combat Vehicles, Army, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
PROCUREMENT OF AMMUNITION, ARMY
The agreement provides $2,578,575,000 for Procurement of
Ammunition, Army, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
OTHER PROCUREMENT, ARMY
The agreement provides $7,581,524,000 for Other
Procurement, Army, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
AIRCRAFT PROCUREMENT, NAVY
The agreement provides $19,605,513,000 for Aircraft
Procurement, Navy, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
WEAPONS PROCUREMENT, NAVY
The agreement provides $4,017,470,000 for Weapons
Procurement, Navy, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
PROCUREMENT OF AMMUNITION, NAVY AND MARINE CORPS
The agreement provides $843,401,000 for Procurement of
Ammunition, Navy and Marine Corps, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
SHIPBUILDING AND CONVERSION, NAVY
The agreement provides $23,975,378,000 for Shipbuilding and
Conversion, Navy, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
FFG(X) FRIGATE PROGRAM
There remain concerns with the dependence of the Department
of the Navy to source surface ship components from foreign
industry partners rather than promote a robust domestic
industrial base. The agreement amends a legislative provision
included in H.R. 2740 to allow the Secretary of the Navy to
procure certain components for the FFG(X) Frigate program from
non-United States suppliers with the direction that United
States manufactured propulsion engines and propulsion reduction
gears must be incorporated into the program not later than with
the eleventh ship of the Frigate class.
Furthermore, the Secretary of the Navy is directed to
conduct a study on the impacts of incorporating United States
manufactured propulsion engines and propulsion reduction gears
into the FFG(X) Frigate program prior to the eleventh ship, and
to submit the study to the congressional defense committees not
later than 180 days after the contract award of the FFG(X)
Frigate. The study shall include estimates of potential changes
to the acquisition schedule and any associated costs with
incorporating domestically produced propulsion equipment into
the FFG(X) Frigate program with the fourth, sixth, eighth,
tenth, and eleventh ship of the program.
Additionally, the Secretary of the Navy is encouraged to
support a robust domestic industrial base with more stringent
contract requirements in future surface ship classes.
OTHER PROCUREMENT, NAVY
The agreement provides $10,075,257,000 for Other
Procurement, Navy, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
PROCUREMENT, MARINE CORPS
The agreement provides $2,898,422,000 for Procurement,
Marine Corps, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
AIRCRAFT PROCUREMENT, AIR FORCE
The agreement provides $17,512,361,000 for Aircraft
Procurement, Air Force, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
MISSILE PROCUREMENT, AIR FORCE
The agreement provides $2,575,890,000 for Missile
Procurement, Air Force, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
SPACE PROCUREMENT, AIR FORCE
The agreement provides $2,353,383,000 for Space
Procurement, Air Force, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
PROCUREMENT OF AMMUNITION, AIR FORCE
The agreement provides $1,625,661,000 for Procurement of
Ammunition, Air Force, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
OTHER PROCUREMENT, AIR FORCE
The agreement provides $21,410,021,000 for Other
Procurement, Air Force, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
PROCUREMENT, DEFENSE-WIDE
The agreement provides $5,332,147,000 for Procurement,
Defense-Wide, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
DEFENSE PRODUCTION ACT PURCHASES
The agreement provides $64,393,000 for Defense Production
Act Purchases, as follows:
EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
[In thousands of dollars]
------------------------------------------------------------------------
Budget
Request Final Bill
------------------------------------------------------------------------
DEFENSE PRODUCTION ACT PURCHASES........ 34,393 64,393
Program increase.................... .............. 30,000
-------------------------------
Total, Defense Production Act 34,393 64,393
Purchases......................
------------------------------------------------------------------------
JOINT URGENT OPERATIONAL NEEDS FUND
The agreement does not recommend funding for the Joint
Urgent Operational Needs Fund.
TITLE IV--RESEARCH, DEVELOPMENT, TEST AND EVALUATION
The agreement provides $104,431,232,000 in Title IV,
Research, Development, Test and Evaluation, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
REPROGRAMMING GUIDANCE FOR ACQUISITION ACCOUNTS
(INCLUDING BASE AND OVERSEAS CONTINGENCY OPERATIONS FUNDING)
The Secretary of Defense is directed to continue to follow
the reprogramming guidance as specified in the report
accompanying the House version of the Department of Defense
Appropriations bill for Fiscal Year 2008 (House Report 110-
279). Specifically, the dollar threshold for reprogramming
funds shall be $10,000,000 for procurement and research,
development, test and evaluation.
Also, the Under Secretary of Defense (Comptroller) is
directed to continue to provide the congressional defense
committees quarterly, spreadsheet-based DD Form 1416 reports
for Service and defense-wide accounts in titles III and IV of
this Act. Reports for titles III and IV shall comply with the
guidance specified in the explanatory statement accompanying
the Department of Defense Appropriations Act, 2006. The
Department shall continue to follow the limitation that prior
approval reprogrammings are set at either the specified dollar
threshold or 20 percent of the procurement or research,
development, test and evaluation line, whichever is less. These
thresholds are cumulative from the base for reprogramming value
as modified by any adjustments. Therefore, if the combined
value of transfers into or out of a procurement (P-1) or
research, development, test and evaluation (R-1) line exceeds
the identified threshold, the Secretary of Defense must submit
a prior approval reprogramming to the congressional defense
committees. In addition, guidelines on the application of prior
approval reprogramming procedures for congressional special
interest items are established elsewhere in this statement.
FUNDING INCREASES
The funding increases outlined in these tables shall be
provided only for the specific purposes indicated in the
tables.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION SPECIAL INTEREST ITEMS
Items for which additional funds have been recommended or
items for which funding is specifically reduced as shown in the
project level tables detailing recommended adjustments or in
paragraphs using the phrase ``only for'' or ``only to'' in the
explanatory statement are congressional special interest items
for the purpose of the Base for Reprogramming (DD Form 1414).
Each of these items must be carried on the DD Form 1414 at the
stated amount, as specifically addressed elsewhere in the
explanatory statement.
JOINT HYPERSONICS TRANSITION OFFICE
Hypersonic weapons pose a dangerous new class of threat to
national security. They operate at exceptionally high speeds
and can maneuver unpredictably, making them challenging to
track and difficult to intercept. Potential adversaries, such
as Russia and China, have recognized the value of hypersonic
weapons to offset United States military capabilities and hold
United States forces at risk. Adversaries have made alarming
progress in developing and demonstrating such weapons, far
outstripping the pace of United States advancements. The
agreement supports efforts aimed at developing capabilities to
hold adversaries at risk, as well as capabilities to defend
against growing hypersonic threats.
The agreement strongly supports increased emphasis on
research, development, testing, and demonstration of
hypersonics technologies and systems. However, there are
concerns that the rapid growth in hypersonic research has the
potential to result in stove-piped, proprietary systems that
duplicate capabilities and increase costs.
The agreement includes $100,000,000 for the Joint
Hypersonics Transition Office to develop and implement an
integrated science and technology roadmap for hypersonics and
to establish a university consortium for hypersonics research
and workforce development to support Department efforts to
expedite testing, evaluation, and acquisition of hypersonic
weapons systems, and to coordinate current and future research,
development, test, and evaluation programs across the
Department of Defense.
The Under Secretary of Defense (Research and Engineering)
is directed to submit a report to the congressional defense
committees not later than 90 days after the enactment of this
Act, and quarterly updates thereafter, on its integrated
science and technology roadmap describing the short-term, mid-
term, and long-term goals of the Department; progress toward
achieving the goals; associated investment needed to achieve
the goals; and plans for a university consortium.
TELECOMMUNICATIONS COMPONENTS SUPPLY CHAIN
The Under Secretary for Defense (Acquisition and
Sustainment) is directed to provide a report to the
congressional defense committees not later than 180 days after
the enactment of this Act which evaluates the risk to the
supply chain for fiber and related optical telecommunications
components, and if appropriate, recommends risk mitigation
strategies for Department of Defense acquisition programs.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY
The agreement provides $12,543,435,000 for Research,
Development, Test and Evaluation, Army, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
OPTIONALLY MANNED FIGHTING VEHICLE
The agreement provides $205,620,000 for the Optionally
Manned Fighting Vehicle (OMFV), a reduction of $172,780,000
from the budget request. It is directed that none of the funds
provided may be obligated for middle tier acquisition rapid
prototyping until the Secretary of the Army has provided a
brief to the congressional defense committees which includes
the results of the source selection process; an explanation of
how program requirements were built, their traceability to the
national defense strategy and multi-domain operations, and the
capability gaps they address; and an updated acquisition
strategy and program schedule. Given the significance of the
OMFV program in support of Army modernization, it is imperative
that the congressional defense committees receive timely
schedule and cost information in order to make informed
decisions.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY
The agreement provides $20,155,115,000 for Research,
Development, Test and Evaluation, Navy, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
LARGE UNMANNED SURFACE VESSELS
The agreement recommends $209,200,000 to fully fund two
Large Unmanned Surface Vessels (LUSVs), as requested in the
fiscal year 2020 budget. The Secretary of the Navy is directed
to comply with the full funding policy for LUSVs in future
budget submissions. Further, the agreement recommends
$50,000,000 for the design of future LUSVs without a vertical
launch system capability in fiscal year 2020. Incremental
upgrade capability for a vertical launch system may be
addressed in future fiscal years. It is directed that no funds
may be awarded for the conceptual design of future LUSVs until
the Assistant Secretary of the Navy (Research, Development and
Acquisition) briefs the congressional defense committees on the
updated acquisition strategy for unmanned surface vessels.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR FORCE
The agreement provides $45,566,955,000 for Research,
Development, Test and Evaluation, Air Force, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
COMBAT RESCUE HELICOPTER
The agreement provides $247,047,000, the same as the
budget request, for the continued development of the Combat
Rescue Helicopter. It is noted that the Air Force will use some
of the funds provided to procure an additional test asset to
support a modernization program that includes upgrades to
address an evolving threat environment. The Secretary of the
Air Force is directed to modify future budget exhibits and
briefings to the congressional defense committees to clearly
separate and identify funding for the modernization program and
provide greater detail on both modernization requirements and
the planned use of funds.
NEXT GENERATION OVERHEAD PERSISTENT INFRARED
The agreement retains language included in Senate Report
116-103 which designates the Next-Generation Overhead
Persistent Infrared program as a congressional special interest
item. The Secretary of the Air Force is directed to provide
quarterly reports to the congressional defense committees on
the program.
OVERHEAD PERSISTENT INFRARED ENTERPRISE ARCHITECTURE
The Department of Defense lacks consensus on its space
architecture plans to meet requirements for strategic and
tactical missile warning, missile defense, and battlespace
awareness mission areas. Currently, the Air Force, Missile
Defense Agency, Space Development Agency, and others, are
planning to spend tens of billions of dollars pursuing various
potential satellite constellations, with a variety of sensor
types, constellation sizes, and orbits ranging from
proliferated low-earth to geosynchronous and others. The
Department has yet to synchronize or harmonize these proposals
into a clearly articulated executable and affordable integrated
enterprise space architecture.
While the Air Force's Next-Generation Overhead Persistent
Infrared Block 0 is an important near-term step for the missile
warning mission area, an enterprise architecture strategy is
needed to inform decisions on plans, programs, and investments
to address the spectrum of overhead persistent infrared mission
areas. Without such an enterprise architecture strategy there
is potential for inefficiencies, duplication, and unnecessary
overlap. The lack of an integrated strategy also risks missing
opportunities to integrate sensors and capabilities to increase
performance and improve survivability against increasing
threats.
Therefore, the Secretary of Defense is directed to develop
an integrated overhead persistent infrared enterprise
architecture strategy to carry out these mission areas. The
strategy shall define the Department's proposed reference
architecture, acquisition strategy, identification of lead
agency or Service for each element, estimated cost, schedule of
key milestones, and transition plans. The Secretary of Defense
is directed to provide the strategy to the congressional
defense committees not later than 270 days after the enactment
of this Act.
WEATHER ENTERPRISE STRATEGY
The agreement notes concerns about the Air Force's weather
acquisition strategy and commitment to provide accurate and
timely weather data, a mission with a profound impact on daily
worldwide military operations. Therefore, the Secretary of the
Air Force is directed to provide the congressional defense
committees, not later than 180 days after the enactment of this
Act, with a strategy, including proposed acquisition plans,
estimated cost, and schedule of key milestones, for a weather
enterprise architecture to meet all twelve validated space-
based environmental monitoring requirements and related Joint
Requirements Oversight Council requirements though at least
2030.
LOW COST ATTRITABLE AIRCRAFT TECHNOLOGY
The agreement provides an additional $100,000,000 to
further develop Low Cost Attritable Aircraft Technology
(LCAAT). The Secretary of the Air Force is directed to submit
to the congressional defense committees a spend plan for this
additional funding, plus any LCAAT funding in the underlying
fiscal year 2020 budget request, not later than 90 days after
the enactment of this Act.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, DEFENSE-WIDE
The agreement provides $25,938,027,000 for Research,
Development, Test and Evaluation, Defense-Wide, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
REDESIGNED KILL VEHICLE PROGRAM TERMINATION AND UNITED STATES HOMELAND
DEFENSE
Subsequent to the submission of the fiscal year 2020 budget
request, the Under Secretary of Defense (Research and
Engineering) terminated for convenience the Redesigned Kill
Vehicle (RKV) program. It is noted that the Administration is
evaluating several potential interceptor options for improving
the Nation's homeland defense, to include a Next Generation
Interceptor (NGI) that would field several years from now.
Therefore, the agreement recommends several adjustments, as
delineated in the project level tables in this explanatory
statement, to initiate the competitive development of NGI while
maintaining and enhancing existing homeland defense
capabilities against near- and mid-term threats prior to the
fielding of NGI.
It is expected that with submission of the fiscal year 2021
budget request, the Administration will have concluded its
evaluation of interceptor options. Therefore, the Director of
the Missile Defense Agency (MDA) is directed to submit to the
congressional defense committees, with the submission of the
fiscal year 2021 budget request, MDA's strategy for the
Nation's homeland defense in the near-, mid-, and far-term, to
include acquisition strategies for each element of the
architecture, manufacturing and technology readiness levels,
contract-type determinations and rationales therefor, plans for
technical data management, sustainment strategies, integrated
master test plans and integrated master schedules, as well as
cost estimates.
Further, the Secretary of Defense is directed to select an
appropriate entity outside the Department of Defense to conduct
an independent review and assessment of the current and planned
United States homeland defense architecture against near-, mid-
, and far-term threats. At a minimum, such review shall address
operational effectiveness and reliability of the current
system; force structure and inventory levels necessary to
achieve the planned capabilities; the strategy for the
development, production, testing, deployment, modernization and
sustainment of the architecture; technology and manufacturing
readiness levels required to implement the architecture; and
industrial base readiness to support this architecture. It is
further directed that such review shall be submitted to the
congressional defense committees not later than 180 days after
the enactment of this Act. In addition, the Director, Cost
Assessment and Program Evaluation is directed to submit to the
congressional defense committees an independent cost assessment
of this architecture not later than 30 days after submission of
the review to the congressional defense committees.
This language replaces language under the header
``Redesigned Kill Vehicle Program Termination and Development
of Next Generation Interceptor'' in Senate Report 116-103.
OPERATIONAL TEST AND EVALUATION, DEFENSE
The agreement provides $227,700,000 for Operational Test
and Evaluation, Defense, as follows:
EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
[In thousands of dollars]
------------------------------------------------------------------------
Budget
Request Final Bill
------------------------------------------------------------------------
OPERATIONAL TEST AND EVALUATION......... 93,291 93,291
LIVE FIRE TESTING....................... 69,172 69,172
OPERATIONAL TEST ACTIVITIES AND ANALYSIS 58,737 65,237
Program increase--advanced satellite .............. 5,000
navigation receiver................
Program increase--cyber talent .............. 1,500
recruitment initiative.............
-------------------------------
Total, Operational Test & 221,200 227,700
Evaluation, Defense............
------------------------------------------------------------------------
TITLE V--REVOLVING AND MANAGEMENT FUNDS
The agreement provides $1,564,211,000 in Title V, Revolving
and Management Funds.
DEFENSE WORKING CAPITAL FUNDS
The agreement provides $1,564,211,000 for Defense Working
Capital Funds, as follows:
EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
[In thousands of dollars]
------------------------------------------------------------------------
Budget
Request Final Bill
------------------------------------------------------------------------
WORKING CAPITAL FUND, ARMY.............. 89,597 227,597
Arsenals Initiative................. 57,467 186,467
Program increase................ .............. 129,000
Supply Management................... 32,130 32,130
Program increase--pilot program for .............. 9,000
partnership with digital
manufacturing institute efforts....
WORKING CAPITAL FUND, AIR FORCE......... 92,499 92,499
WORKING CAPITAL FUND, DEFENSE-WIDE...... 49,085 49,085
DEFENSE WORKING CAPITAL FUND, DECA...... 995,030 995,030
DEFENSE COUNTERINTELLIGENCE AND SECURITY 0 200,000
AGENCY.................................
Transfer--DCSA funding from request .............. 200,000
as a separate working capital fund.
-------------------------------
Total, Defense Working Capital Funds 1,226,211 1,564,211
------------------------------------------------------------------------
TITLE VI--OTHER DEPARTMENT OF DEFENSE PROGRAMS
The agreement provides $36,316,176,000 in Title VI, Other
Department of Defense Programs, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
DEFENSE HEALTH PROGRAM
The agreement provides $34,074,119,000 for the Defense
Health Program, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
REPROGRAMMING GUIDANCE FOR THE DEFENSE HEALTH PROGRAM
(INCLUDING BASE AND OVERSEAS CONTINGENCY OPERATIONS FUNDING)
The agreement directs that the In-House Care and Private
Sector Care budget sub-activities remain designated as
congressional special interest items. Any transfer of funds
into or out of these sub-activities requires the Secretary of
Defense to follow prior approval reprogramming procedures. The
Secretary of Defense is further directed to provide a report to
the congressional defense committees not later than 30 days
after the enactment of this Act that delineates transfers of
funds and the dates any transfers occurred from the Private
Sector Care budget sub-activity to any other budget sub-
activity in fiscal year 2019.
The Assistant Secretary of Defense (Health Affairs) is
directed to provide quarterly briefings to the congressional
defense committees on budget execution data for all of the
Defense Health Program budget activities not later than 30 days
after the end of each fiscal quarter and to adequately reflect
changes to the budget activities requested by the Services in
future budget submissions.
The agreement recognizes the shortfall in excess of
$700,000,000 experienced in the execution of Private Sector
Care in fiscal year 2019 and consequently includes only modest
reductions to the fiscal year 2020 Private Sector Care budget
request. This language replaces the language under the headings
``Reprogramming Guidance for the Defense Health Program'' in
House Report 116-84 and ``Defense Health Program Reprogramming
Procedures'' in Senate Report 116-103.
CARRYOVER
The agreement provides one percent carryover authority for
the operation and maintenance account of the Defense Health
Program. The Assistant Secretary of Defense (Health Affairs) is
directed to submit a detailed spending plan for any fiscal year
2019 designated carryover funds to the congressional defense
committees not less than 30 days prior to executing the
carryover funds.
PEER-REVIEWED CANCER RESEARCH PROGRAM
The agreement provides $110,000,000 for the peer-reviewed
cancer research program to research cancers not addressed in
the breast, pancreatic, prostate, ovarian, kidney, lung,
melanoma, and rare cancer research programs.
The funds provided in the peer-reviewed cancer research
program are directed to be used to conduct research in the
following areas: bladder cancer; blood cancers; brain cancer;
colorectal cancer; esophageal cancer; head and neck cancer;
immunotherapy; liver cancer; mesothelioma; metastatic cancers;
neuroblastoma; pediatric brain tumors; pediatric, adolescent,
and young adult cancers; and stomach cancer. The peer-reviewed
cancer research program shall be used only for the purposes
listed above. The inclusion of the individual rare cancer
research program shall not prohibit the peer-reviewed cancer
research program from funding the above mentioned cancers or
cancer subtypes that may be rare by definition.
The reports directed under this heading in House Report
116-84 and Senate Report 116-103 are still required to be
provided not later than 12 months after the enactment of this
Act.
PEER-REVIEWED MEDICAL RESEARCH PROGRAM
The agreement provides $360,000,000 for a peer-reviewed
medical research program. The Secretary of Defense, in
conjunction with the Service Surgeons General, is directed to
select medical research projects of clear scientific merit and
direct relevance to military health. Research areas considered
under this funding are restricted to: arthritis, burn pit
exposure, chronic migraine and post-traumatic headache,
congenital heart disease, constrictive bronchiolitis, diabetes,
dystonia, eating disorders, emerging viral diseases,
endometriosis, epidermolysis bullosa, familial
hypercholesterolemia, fibrous dysplasia, focal segmental
glomerulosclerosis, food allergies, Fragile X, frontotemporal
degeneration, Guillain-Barre Syndrome, hemorrhage control,
hepatitis B, hydrocephalus, immunomonitoring of intestinal
transplants, inflammatory bowel diseases, interstitial
cystitis, metals toxicology, mitochondrial disease,
musculoskeletal health, myalgic encephalomyelitis/chronic
fatigue syndrome, myotonic dystrophy, nutrition optimization,
pancreatitis, pathogen-inactivated blood products, plant-based
vaccines, polycystic kidney disease, pressure ulcers, pulmonary
fibrosis, resilience training, respiratory health, rheumatoid
arthritis, sleep disorders and restriction, spinal muscular
atrophy, sustained release drug delivery, vascular
malformations, and women's heart disease. The additional
funding provided under the peer-reviewed medical research
program shall be devoted only to the purposes listed above.
ELECTRONIC HEALTH RECORDS
The agreement highlights legislative language directing the
Secretary of Defense to provide quarterly reports to the
congressional defense committees on the status of the
deployment of the electronic health record. These reports,
directed to be submitted not later than 30 days after the end
of each fiscal quarter, shall include the cost and schedule of
the program, to include milestones, knowledge points, and
acquisition timelines, as well as quarterly obligation reports.
These reports should also be provided to the Government
Accountability Office. It is expected that the House and Senate
Appropriations Committees continue to receive briefings on a
quarterly basis, coinciding with the report submission.
The agreement includes legislative language requiring the
Secretary to notify the congressional defense committees on any
delays to the proposed timeline for deployment. Legislative
language directing the Comptroller General to continue
quarterly performance reviews of the deployment of MHS GENESIS
is also included. It is expected that the Program Executive
Officer, Defense Healthcare Management Systems (PEO DHMS) will
facilitate quarterly performance reviews by providing the
Comptroller General with regular and in-depth access to the
program.
The Under Secretary of Defense (Acquisition and
Sustainment) is directed to brief the congressional defense
committees not later than 30 days after the full deployment
decision on the results of the Full Operational Test and
Evaluation. Additionally, the PEO DHMS is directed to provide
monthly reports not later than 15 days after the end of each
month to the congressional defense committees on the status of
all open incident reports, as well as high priority incident
reports, in order to better track the progress of resolving the
issues identified in the initial deployment of MHS GENESIS.
The Director of the Interagency Program Office is directed
to provide quarterly reports to the House and Senate
Appropriations Committees, Subcommittees on Defense and
Military Construction, Veterans Affairs, and Related Agencies
on the progress of interoperability between the two
Departments.
CHANGE IN REPORTING DEADLINES
The reports directed in Senate Report 116-103 under the
headings ``Traumatic Brain Injury/Psychological Health'',
``Joint Warfighter Medical Research Program'', and ``Orthotics
and Prosthetics Outcomes Research'' are all directed to be
submitted to the congressional defense committees not later
than 12 months after the enactment of this Act.
CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, DEFENSE
The agreement provides $985,499,000 for Chemical Agents and
Munitions Destruction, Defense, as follows:
EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
[In thousands of dollars]
------------------------------------------------------------------------
Budget
Request Final Bill
------------------------------------------------------------------------
OPERATION AND MAINTENANCE............... 107,351 107,351
PROCUREMENT............................. 2,218 2,218
RESEARCH, DEVELOPMENT, TEST AND 875,930 875,930
EVALUATION.............................
-------------------------------
Total, Chemical Agents and Munitions 985,499 985,499
Destruction, Defense...............
------------------------------------------------------------------------
DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE
The agreement provides $893,059,000 for Drug Interdiction
and Counter-Drug Activities, Defense, as follows:
EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
[In thousands of dollars]
------------------------------------------------------------------------
Budget
Request Final Bill
------------------------------------------------------------------------
COUNTER-NARCOTICS SUPPORT............... 581,739 522,171
Transfer to National Guard Counter- .............. -64,225
Drug Program.......................
Program decrease.................... .............. -343
Program increase--National .............. 5,000
Commission on Combatting Synthetic
Opioid Trafficking.................
DRUG DEMAND REDUCTION PROGRAM........... 120,922 124,922
Program increase--young Marines drug .............. 4,000
demand reduction...................
NATIONAL GUARD COUNTER-DRUG PROGRAM..... 91,370 220,595
Transfer from Counter-narcotics .............. 64,225
support............................
Program increase.................... .............. 65,000
NATIONAL GUARD COUNTER-DRUG SCHOOLS..... 5,371 25,371
Program increase.................... .............. 20,000
-------------------------------
Total, Drug Interdiction and 799,402 893,059
Counter-Drug Activities,
Defense........................
------------------------------------------------------------------------
OFFICE OF THE INSPECTOR GENERAL
The agreement provides $363,499,000 for the Office of the
Inspector General, as follows:
EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
[In thousands of dollars]
------------------------------------------------------------------------
Budget
Request Final Bill
------------------------------------------------------------------------
OPERATION AND MAINTENANCE............... 360,201 360,201
PROCUREMENT............................. 333 333
RESEARCH, DEVELOPMENT, TEST AND 2,965 2,965
EVALUATION.............................
-------------------------------
Total, Office of the Inspector 363,499 363,499
General............................
------------------------------------------------------------------------
TITLE VII--RELATED AGENCIES
The agreement provides $1,070,000,000 in Title VII, Related
Agencies, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
CLASSIFIED ANNEX
Adjustments to classified programs are addressed in a
separate, detailed, and comprehensive classified annex. The
Intelligence Community, the Department of Defense, and other
organizations are expected to fully comply with the
recommendations and directions in the classified annex
accompanying the Department of Defense Appropriations Act,
2020.
CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM FUND
The agreement provides $514,000,000 for the Central
Intelligence Agency Retirement and Disability Fund.
INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT
The agreement provides $556,000,000, a decrease of
$2,000,000 below the budget request, for the Intelligence
Community Management Account.
TITLE VIII--GENERAL PROVISIONS
The agreement incorporates general provisions which were
not amended. Those general provisions that were addressed in
the agreement are as follows:
(TRANSFER OF FUNDS)
The agreement includes a provision which provides general
transfer authority not to exceed $4,000,000,000. The House bill
contained a similar provision.
The agreement retains a provision proposed by the House
which identifies tables as Explanation of Project Level
Adjustments.
The agreement includes a provision which provides for the
establishment of a baseline for application of reprogramming
and transfer authorities for the current fiscal year. The House
bill contained a similar provision.
The agreement retains a provision proposed by the House
regarding management of civilian personnel of the Department of
Defense.
The agreement retains a provision proposed by the House
regarding limitations on the use of funds to purchase anchor
and mooring chains.
The agreement includes a provision which restricts the use
of funds to reduce or prepare to reduce the number of deployed
and non-deployed strategic delivery vehicles and launchers. The
House bill contained no similar provision.
The agreement retains a provision proposed by the House
regarding incentive payments authorized by the Indian Financing
Act of 1974.
The agreement includes a provision which provides funding
for the Civil Air Patrol Corporation. The House bill contained
a similar provision.
The agreement modifies a provision proposed by the House
which prohibits funding from being used to establish new
Department of Defense Federally Funded Research and Development
Centers with certain limitations.
The agreement retains a provision proposed by the House
which prohibits the use of funds to disestablish, close,
downgrade from host to extension center, or place a Senior
Reserve Officers' Training Corps program on probation.
The agreement includes a provision which allows for
expenses related to the acquisition of vehicles for use by the
POW/MIA Accounting Agency. The House bill contained no similar
provision.
The agreement includes a provision proposed by the House
which provides funds for the Asia-Pacific Regional Initiative
Program for the purpose of enabling the Pacific Command to
execute Theater Security Cooperation activities.
The agreement retains a provision proposed by the House
regarding mitigation of environmental impacts on Indian lands
resulting from Department of Defense activities.
(RESCISSIONS)
The agreement modifies a provision proposed by the House
recommending rescissions and provides for the rescission of
$4,090,652,000. The rescissions agreed to are:
------------------------------------------------------------------------
------------------------------------------------------------------------
2012 Appropriations:
Shipbuilding and Conversion, Navy:
DDG-51 Destroyer................................ $44,500,000
2013 Appropriations:
Shipbuilding and Conversion, Navy:
LCAC SLEP....................................... 2,000,000
2018 Appropriations:
Aircraft Procurement, Army:
Utility f/w aircraft............................ 44,000,000
Missile Procurement, Army:
Indirect fire protection capability............. 5,182,000
Weapons and Tracked Combat Vehicles, Army:
Paladin integrated management................... 97,000,000
Other Procurement, Army:
Tractor Yard.................................... 5,685,000
Aircraft Procurement, Navy:
F/A-18 E/F...................................... 46,000,000
C-40............................................ 68,781,000
Other Procurement, Navy:
LCS class support equipment..................... 9,868,000
LPD class support equipment..................... 9,110,000
AN/SLQ-32 block 3 installation funding.......... 4,548,000
Procurement, Marine Corps:
AAV7A1 PIP...................................... 9,046,000
Aircraft Procurement, Air Force:
KC-46A tanker................................... 76,000,000
HC-130J......................................... 6,522,000
MQ-9............................................ 20,400,000
A-10............................................ 5,900,000
KC-46 modifications............................. 1,200,000
C-130J modifications............................ 30,953,000
RQ-4 post production charges ICS................ 20,000,000
Missile Procurement, Air Force:
Missile replacement equipment--ballistic........ 39,173,000
Small diameter bomb............................. 36,800,000
Other Procurement, Air Force:
AFNET (ARAD).................................... 26,000,000
2019 Appropriations:
Operation and Maintenance, Defense-Wide:
DSCA security cooperation....................... 21,314,000
Aircraft Procurement, Army:
Apache new build................................ 58,600,000
Missile Procurement, Army:
Indirect fire protection capability............. 24,498,000
Javelin (AAWS--M) system summary................ 20,000,000
MLRS modifications.............................. 23,300,000
Weapons and Tracked Combat Vehicles, Army:
Armored multi-purpose vehicle................... 37,106,000
Bradley modifications........................... 178,840,000
Other Procurement, Army:
Embedded crypto mod............................. 3,520,000
Joint light tactical vehicle--TADSS............. 17,258,000
Joint effects targeting system.................. 60,900,000
Army command post integrated infrastructure..... 2,284,000
Global combat support system-Army............... 6,841,000
Contract writing system......................... 5,927,000
Area mine detection system...................... 5,797,000
Tractor Yard.................................... 4,956,000
Aircraft Procurement, Navy:
Joint Strike Fighter STOVL AP................... 114,246,000
CH-53K (Heavy Lift) AP.......................... 53,693,000
F-18 series..................................... 71,300,000
H-1 series...................................... 9,250,000
T-45 series..................................... 10,520,000
V-22 (tilt/rotor aircraft) Osprey............... 19,000,000
Joint Strike Fighter CV......................... 12,481,000
Joint Strike Fighter STOVL...................... 16,610,000
Procurement of Ammunition, Navy and Marine Corps:
Direct support munitions--5''/54 ammunition..... 22,000,000
Shipbuilding and Conversion, Navy:
DDG-51 AP for removal of fiscal year 2022 3rd 51,000,000
ship...........................................
LPD-17 AP....................................... 102,900,000
Other Procurement, Navy:
AN/SLQ-32 block 3 installation funding.......... 13,470,000
Unmanned carrier aviation mission control 11,300,000
station........................................
Procurement, Marine Corps:
AAV7A1 PIP...................................... 74,756,000
Aircraft Procurement, Air Force:
F-35............................................ 21,532,000
KC-46A tanker................................... 52,000,000
C-130J.......................................... 1,008,000
MC-130J......................................... 38,951,000
Combat rescue helicopter........................ 26,400,000
KC-46 modifications............................. 8,500,000
Initial spares--KC-135.......................... 2,200,000
C-17............................................ 42,000,000
F-15--APG82(V)1................................. 19,300,000
F-15C EPAWSS.................................... 67,200,000
F-16 modifications--AIFF mode 5................. 36,000,000
A-10............................................ 4,800,000
E-3 modifications............................... 14,553,000
E-8 modifications............................... 19,807,000
HC/MC-130 modifications--block 8.1.............. 17,370,000
Other production charges--F-22 depot activation. 30,000,000
MQ-9 spares..................................... 69,900,000
B-52 modifications.............................. 31,600,000
MC-130J AP...................................... 56,000,000
Other aircraft--BACN............................ 15,000,000
Aerial targets.................................. 48,000,000
Other aircraft--EW pod.......................... 25,900,000
Initial spares/repair parts--F-15 EPAWSS........ 4,034,000
Initial spares/repair parts--KC-46A............. 61,400,000
Missile Procurement, Air Force:
Missile replacement equipment--ballistic........ 13,927,000
MMIII modifications............................. 26,052,000
Space Procurement, Air Force:
Integrated broadcast service.................... 4,000,000
Evolved expendable launch vehicle (SPACE)....... 85,100,000
Evolved expendable launch capability............ 75,200,000
Procurement of Ammunition, Air Force:
Massive ordnance penetrator..................... 3,400,000
General purpose bombs--BLU-137.................. 71,800,000
JDAM............................................ 149,000,000
B61-12 TKA...................................... 11,900,000
Procurement, Defense-Wide:
GMD............................................. 197,000,000
GMD AP.......................................... 115,000,000
STC/NGTC........................................ 25,000,000
Research, Development, Test and Evaluation, Army:
Assured PNT..................................... 17,998,000
Infantry support weapons--S62 counter-defilade 1,998,000
target engagement..............................
Night vision systems--eng dev--joint effects 1,150,000
targeting systems..............................
Firefinder--hypervelocity armament system....... 1,571,000
Soldier systems--warrior dem/val................ 3,000,000
Suite of survivability enhancement systems--EMD. 5,914,000
Missile warning system modernization............ 6,776,000
Emerging technology initiatives................. 7,100,000
AMF joint tactical radio system................. 15,964,000
Assessment and evaluations cyber vulnerabilities 13,400,000
Apache product improvement program.............. 4,700,000
Improved turbine engine program................. 3,000,000
Unmanned aircraft system universal products..... 9,595,000
Combat vehicle improvement programs--M113 7,915,000
improvements...................................
Combat vehicle improvement programs--Bradley.... 25,000,000
Other missile product improvement programs...... 4,450,000
Information systems security program............
COMSEC equipment............................ 20,745,000
Research, Development, Test and Evaluation, Navy:
Advanced tactical unmanned aircraft system...... 4,809,000
V-22A........................................... 28,651,000
Next generation jammer.......................... 81,000,000
Information technology development.............. 6,300,000
Harpoon modifications........................... 5,197,000
Classified program.............................. 105,000,000
Research, Development, Test and Evaluation, Air
Force:
KC-135.......................................... 2,600,000
MQ-9............................................ 49,800,000
ARM/ORD......................................... 10,000,000
Classified programs............................. 56,500,000
Hard and deeply buried target defeat system..... 4,800,000
B-1B squadrons.................................. 15,000,000
Airborne warning and control system............. 11,600,000
Airborne reconnaissance systems................. 26,000,000
RQ-4 UAV........................................ 9,650,000
C-130J program.................................. 2,700,000
Space rapid capabilities office................. 74,400,000
Research, Development, Test and Evaluation, Defense-
Wide:
Improved homeland defense interceptors.......... 267,000,000
Defense Health Program, Research, Development, Test
and Evaluation:
JOMIS carryover................................. 26,200,000
------------------------------------------------------------------------
The agreement includes a provision which prohibits funds
from being obligated or expended for assistance to the
Democratic People's Republic of Korea with certain exceptions.
The House bill contained a similar provision.
The agreement includes a provision which prohibits the
transfer of Department of Defense or Central Intelligence
Agency drug interdiction and counter-drug activity funds to
other agencies, with certain exceptions. The House included a
similar provision.
The agreement retains a provision proposed by the House
restricting procurement of ball and roller bearings other than
those produced by a domestic source and of domestic origin.
The agreement includes a provision which makes funds
available to maintain competitive rates at the arsenals. The
House bill contained no similar provision.
The agreement retains a provision proposed by the House
which provides funding to the United Service Organizations and
the Red Cross.
The agreement includes a provision regarding expired
obligations and unexpended balances. The House bill contained a
similar provision.
(TRANSFER OF FUNDS)
The agreement retains a provision proposed by the House
which provides funding to the Sexual Assault Special Victim's
Counsel Program.
The agreement includes a provision which restricts certain
funds used to procure end-items. The House bill contained a
similar provision.
The agreement retains a provision proposed by the House
which restricts certain funds for any new start advanced
concept technology demonstration project or joint capability
demonstration project.
The agreement includes a provision regarding the National
Intelligence Program budget. The House bill contained a similar
provision.
The agreement modifies a provision proposed by the House
which provides a grant to the Fisher House Foundation, Inc.
(TRANSFER OF FUNDS)
The agreement includes a provision which directs that up to
$1,000,000 from Operation and Maintenance, Navy shall be
available for transfer to the John C. Stennis Center for Public
Service Development Trust Fund. The House bill contained no
similar provision.
The agreement includes a provision which directs
Shipbuilding and Conversion, Navy funding for cost to complete
efforts. The House bill contained a similar provision.
The agreement includes a provision which prohibits funding
from being used to initiate a new start program without prior
written notification. The House bill contained a similar
provision.
The agreement includes a provision regarding contingency
budget operations. The House bill contained a similar
provision.
The agreement modifies a provision proposed by the House
for the rapid acquisition and deployment of supplies and
associated support services.
The agreement retains a provision proposed by the House
which restricts the transfer of funds for support to friendly
foreign countries in connection with the conduct of operations
in which the United States is not participating.
The agreement retains a provision proposed by the House
which limits the reprogramming of funds from the Defense
Acquisition Workforce Development Fund.
The agreement includes a provision relating to the Joint
Department of Defense--Department of Veterans Affairs Medical
Facility Demonstration Fund. The House bill contained a similar
provision.
(TRANSFER OF FUNDS)
The agreement includes a provision which provides the
Director of National Intelligence with general transfer
authority with certain limitations. The House bill contained a
similar provision.
The agreement includes a provision which prohibits funds to
transfer any individual detained at Guantanamo Bay, Cuba to a
country of origin or other foreign country or entity unless the
Secretary of Defense makes certain certifications. The House
bill contained a similar provision.
The agreement includes a provision which limits funding to
Rosoboronexport. The House bill contained a similar provision.
The agreement retains a provision proposed by the House
which prohibits funds from being used for the purchase or
manufacture of a United States flag unless such flags are
treated as covered items under section 2533a(b) of title 10,
U.S.C.
The agreement includes a provision which prohibits funds to
construct, acquire, or modify any facility in the United
States, its territories, or possessions to house any Guantanamo
Bay detainee, with certain exceptions. The House bill contained
no similar provision.
The agreement modifies a provision proposed by the House
which provides for ex gratia payments incidental to combat
operations.
The agreement retains a provision proposed by the House
which requires the Secretary of Defense to post grant awards on
a public website in a searchable format.
The agreement retains a provision proposed by the House
which provides funding for the National Defense Reserve Fleet.
The agreement retains a provision proposed by the House
which prohibits introducing armed forces into Iraq in
contravention of the War Powers Act.
The agreement includes a provision which requires the
Secretary to submit reports regarding the National Instant
Criminal Background Check System. The House bill contained no
similar provision.
The agreement modifies a provision proposed by the House
which limits the use of funds for the T-AO(X) and FFG(X)
Frigate programs.
The agreement includes a provision which prohibits funds
from the Defense Acquisition Workforce Development Fund to be
transferred to the Rapid Prototyping Fund or credited to a
military-department specific fund. The House bill contained a
similar provision.
The agreement retains a provision proposed by the House
which prohibits the use of funds for gaming or entertainment
that involves nude entertainers.
The agreement includes a provision which makes funding
available for a project in a country designated by the
Secretary. The House bill contained no similar provision.
The agreement modifies a provision proposed by the House
which prohibits funding to deliver F-35 aircraft to Turkey,
except in accordance with the National Defense Authorization
Act for Fiscal Year 2020.
The agreement includes a provision which places certain
limitations on the transfer of funds for the Global Engagement
Center. The House bill contained a similar provision.
The agreement retains a provision proposed by the House
which makes funds available through the Office of Economic
Adjustment for transfer to the Secretary of Education, to make
grants to construct, renovate, repair, or expand elementary and
secondary public schools on military installations.
The agreement includes a provision which prohibits the use
of funds to carry out the closure or realignment of Guantanamo
Bay, Cuba. The House bill contained no similar provision.
The agreement retains a provision proposed by the House
which limits certain types of assisted reproductive services.
The agreement retains a provision proposed by the House
which prohibits the use of funds to provide arms, training, or
other assistance to the Azov Battalion.
The agreement modifies a provision proposed by the House
which allows funding for research, development and evaluation
for the modification of certain Joint Strike Fighter aircraft.
The agreement retains a provision proposed by the House
which allows death gratuity payments as authorized in
subchapter II of chapter 75 of title 10, United States Code.
The agreement retains a provision proposed by the House
which prohibits funding in contravention of Executive Order
13175 or section 1501.2(d)(2) of title 40, Code of Federal
Regulations.
The agreement modifies a provision proposed by the House
which prohibits funds from being used to transfer the National
Reconnaissance Office to the Space Force.
The agreement modifies a provision proposed by the House
which requires the Department of Defense to submit reports
required by section 596 of the National Defense Authorization
Act for Fiscal Year 2020.
The agreement includes a new provision which reduces
funding due to favorable foreign exchange rates.
TITLE IX--OVERSEAS CONTINGENCY OPERATIONS/GLOBAL WAR ON TERRORISM
The agreement provides $70,665,000,000 in Title IX,
Overseas Contingency Operations/Global War on Terrorism.
MILITARY PERSONNEL
The agreement provides $4,485,808,000 for Military
Personnel, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
OPERATION AND MAINTENANCE
The agreement provides $53,891,051,000 for Operation and
Maintenance, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
AIR FORCE FLYING HOUR FUNDING EXECUTION FOR OVERSEAS CONTINGENCY
OPERATIONS
The review of the fiscal year 2020 budget request uncovered
some disturbing data points that have called the budget
formulation process for flying hours in the overseas
contingency operations (OCO) request into question. Budget
execution data revealed that the Air Force moved approximately
$594,000,000 in fiscal year 2018 and $695,000,000 in fiscal
year 2019 from OCO flying hours to other OCO expenses. It is
acknowledged that budgetary requirements change, perhaps even
more so with the dynamic nature of overseas contingency
operations. Accordingly, the House and Senate Appropriations
Committees provide flexibility for these emerging requirements
by providing procedures on how the Services are able to make
budgetary realignments. However, the Air Force has chosen to
apply these procedures differently than intended. This means
that over $1,289,000,000 of OCO funding has been spent by the
Air Force over the past two fiscal years on unbudgeted
expenses. Frustratingly, it was only after the fact that the
congressional defense committees found out what was purchased
with the asset provided from the flying hour account.
The fact that the Air Force has moved roughly 25 percent
from the OCO flying hour funding request for each of the past
two years indicates more of a fundamental issue with the
initial request as opposed to an anomaly. Therefore, the
agreement includes a new reduction to the Air Force OCO flying
hours funding request to more closely align with historical
execution.
COUNTER-ISIS TRAIN AND EQUIP FUND
The agreement continues support under this heading for the
Iraqi Security Forces, Kurdish Peshmerga, and the Syrian
Democratic Forces to participate in activities to counter ISIS
and their associated groups. The agreement does not include
funding for Iraqi security forces that are not engaged in such
activities and continues the requirement that the Secretary of
Defense ensure elements are appropriately vetted and receiving
commitments from them to promote respect for human rights and
the rule of law.
The Secretary of Defense has not fully complied with the
quarterly reporting requirements under this heading in the
Department of Defense Appropriations Act, 2019 (division A of
Public Law 115--245) and is directed to submit all overdue
reports not later than 45 days after the enactment of this Act.
JORDAN
The agreement includes funding at levels consistent with
prior years for Jordan.
PROCUREMENT
The agreement provides $11,793,461,000 for Procurement, as
follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
NATIONAL GUARD AND RESERVE EQUIPMENT
The agreement provides $1,300,000,000 for National Guard
and Reserve Equipment. Of that amount $395,000,000 is
designated for the Army National Guard; $395,000,000 for the
Air National Guard; $205,000,000 for the Army Reserve;
$75,000,000 for the Navy Reserve; $25,000,000 for the Marine
Corps Reserve; and $205,000,000 for the Air Force Reserve.
This funding will allow the reserve components to procure
high priority equipment that may be used for combat and
domestic response missions. Current reserve component equipping
levels are among the highest in recent history, and the funding
provided by the agreement will help ensure component
interoperability and sustained reserve component modernization.
The Secretary of Defense is directed to ensure that the
account is executed by the Chiefs of the National Guard and
reserve components with priority consideration given to the
following items: acoustic hailing devices; cold weather and
mountaineering gear and equipment, including small unit support
vehicles; counter-UAS systems; crashworthy, ballistically
tolerant auxiliary fuel systems; detect and avoid systems for
MQ-9 aircraft; MQ-9 deployable launch and recovery element
mission support kits; modular small arms range simulators;
radiological screening portals; solar mobile power systems; and
training systems and simulators.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
The agreement provides $834,222,000 for Research,
Development, Test and Evaluation, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
REVOLVING AND MANAGEMENT FUNDS
The agreement provides $20,100,000 for Defense Working
Capital Funds.
OTHER DEPARTMENT OF DEFENSE PROGRAMS
DEFENSE HEALTH PROGRAM
The agreement provides $347,746,000 for the Defense Health
Program, as follows:
EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
[In thousands of dollars]
------------------------------------------------------------------------
Budget
Request Final Bill
------------------------------------------------------------------------
IN-HOUSE CARE........................... 57,459 57,459
PRIVATE SECTOR CARE..................... 287,487 287,487
CONSOLIDATED HEALTH SUPPORT............. 2,800 2,800
-------------------------------
Total, Operation and Maintenance.... 347,746 347,746
------------------------------------------------------------------------
DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE
The agreement provides $153,100,000 for Drug Interdiction
and Counter-drug Activities, Defense.
OFFICE OF THE INSPECTOR GENERAL
The agreement provides $24,254,000 for the Office of the
Inspector General.
GENERAL PROVISIONS--THIS TITLE
The agreement for title IX incorporates general provisions
which were not amended. Those general provisions that were
addressed in the agreement are as follows:
(TRANSFER OF FUNDS)
The agreement includes a provision which provides for
special transfer authority within title IX. The House bill
contained a similar provision.
The agreement retains a provision proposed by the House
which provides security assistance to the Government of Jordan.
The agreement retains a provision proposed by the House
which prohibits the use of the Counter-ISIS Train and Equip
Fund to procure or transfer man-portable air defense systems.
The agreement modifies a provision proposed by the House
which provides assistance and sustainment to the military and
national security forces of Ukraine.
The agreement retains a provision proposed by the House
which prohibits the use of assistance and sustainment to the
military and national security forces of Ukraine to procure or
transfer man-portable air defense systems.
The agreement retains a provision proposed by the House
which restricts funds provided in Operation and Maintenance,
Defense-Wide for payments under Coalition Support Fund for
reimbursement to the Government of Pakistan until certain
conditions are met.
(TRANSFER OF FUNDS)
The agreement modifies a provision proposed by the House
which provides funds to the Department of Defense to improve
intelligence, surveillance, and reconnaissance capabilities.
The agreement retains a provision proposed by the House
which prohibits introducing armed forces into Syria in
contravention of the War Powers Act.
The agreement includes a provision which requires the
Secretary of Defense to certify the use of funds in the
Afghanistan Security Forces Fund under certain conditions. The
House bill contained a similar provision.
The agreement modifies a provision proposed by the House
which prohibits funds for the Taliban, with certain exceptions.
(RESCISSIONS)
The agreement modifies a provision proposed by the House
recommending rescissions and provides for the rescission of
$1,134,742,000. The rescissions agreed to are:
------------------------------------------------------------------------
------------------------------------------------------------------------
2018 Appropriations:
Weapons and Tracked Combat Vehicles, Army:
Bradley program modifications................... $30,000,000
Aircraft Procurement, Air Force:
MQ-9............................................ 17,600,000
HC/MC-130 modifications--MC ABMN................ 14,700,000
2019 Appropriations:
Operation and Maintenance, Defense-Wide:
DSCA security cooperation....................... 55,000,000
Coalition Support Fund.......................... 30,000,000
Afghanistan Security Forces Fund:
Afghanistan Security Forces Fund................ 396,000,000
Counter-ISIS Train and Equip Fund:
Counter-ISIS Train and Equip Fund............... 450,000,000
Missile Procurement, Army:
Hellfire........................................ 13,176,000
Weapons and Tracked Combat Vehicles, Army:
Bradley program modifications................... 50,000,000
Common remotely operated weapons station........ 2,477,000
Other Procurement, Army:
Information systems............................. 8,750,000
Procurement of Ammunition, Navy and Marine Corps:
JT direct attack munition....................... 16,574,000
Aircraft Procurement, Air Force:
Large aircraft infrared countermeasures......... 24,713,000
Missile Procurement, Air Force:
Hellfire........................................ 25,752,000
------------------------------------------------------------------------
The agreement retains a provision proposed by the House
which provides that nothing in the Act may be construed as
authorizing the use of force against Iran.
TITLE X--NATURAL DISASTER RELIEF
GENERAL PROVISION--THIS TITLE
The agreement includes a new provision which restricts
funding in this title to be used only for specific purposes.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
=======================================================================
[House Appropriations Committee Print]
Consolidated Appropriations Act, 2020
(H.R. 1158; P.L. 116-93)
DIVISION B--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
APPROPRIATIONS ACT, 2020
=======================================================================
DIVISION B--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
APPROPRIATIONS ACT, 2020
TITLE I
DEPARTMENT OF COMMERCE
International Trade Administration
operations and administration
For necessary expenses for international trade activities of
the Department of Commerce provided for by law, to carry out
activities associated with facilitating, attracting, and
retaining business investment in the United States, and for
engaging in trade promotional activities abroad, including
expenses of grants and cooperative agreements for the purpose
of promoting exports of United States firms, without regard to
sections 3702 and 3703 of title 44, United States Code; full
medical coverage for dependent members of immediate families of
employees stationed overseas and employees temporarily posted
overseas; travel and transportation of employees of the
International Trade Administration between two points abroad,
without regard to section 40118 of title 49, United States
Code; employment of citizens of the United States and aliens by
contract for services; rental of space abroad for periods not
exceeding 10 years, and expenses of alteration, repair, or
improvement; purchase or construction of temporary demountable
exhibition structures for use abroad; payment of tort claims,
in the manner authorized in the first paragraph of section 2672
of title 28, United States Code, when such claims arise in
foreign countries; not to exceed $294,300 for official
representation expenses abroad; purchase of passenger motor
vehicles for official use abroad, not to exceed $45,000 per
vehicle; obtaining insurance on official motor vehicles; and
rental of tie lines, $521,250,000, of which $70,000,000 shall
remain available until September 30, 2021: Provided, That
$11,000,000 is to be derived from fees to be retained and used
by the International Trade Administration, notwithstanding
section 3302 of title 31, United States Code: Provided
further, That, of amounts provided under this heading, not less
than $16,400,000 shall be for China antidumping and
countervailing duty enforcement and compliance activities:
Provided further, That the provisions of the first sentence of
section 105(f) and all of section 108(c) of the Mutual
Educational and Cultural Exchange Act of 1961 (22 U.S.C.
2455(f) and 2458(c)) shall apply in carrying out these
activities; and that for the purpose of this Act, contributions
under the provisions of the Mutual Educational and Cultural
Exchange Act of 1961 shall include payment for assessments for
services provided as part of these activities.
Bureau of Industry and Security
operations and administration
For necessary expenses for export administration and national
security activities of the Department of Commerce, including
costs associated with the performance of export administration
field activities both domestically and abroad; full medical
coverage for dependent members of immediate families of
employees stationed overseas; employment of citizens of the
United States and aliens by contract for services abroad;
payment of tort claims, in the manner authorized in the first
paragraph of section 2672 of title 28, United States Code, when
such claims arise in foreign countries; not to exceed $13,500
for official representation expenses abroad; awards of
compensation to informers under the Export Control Reform Act
of 2018 (subtitle B of title XVII of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019; Public
Law 115-232; 132 Stat. 2208; 50 U.S.C. 4801 et seq.), and as
authorized by section 1(b) of the Act of June 15, 1917 (40
Stat. 223; 22 U.S.C. 401(b)); and purchase of passenger motor
vehicles for official use and motor vehicles for law
enforcement use with special requirement vehicles eligible for
purchase without regard to any price limitation otherwise
established by law, $127,652,000, to remain available until
expended: Provided, That the provisions of the first sentence
of section 105(f) and all of section 108(c) of the Mutual
Educational and Cultural Exchange Act of 1961 (22 U.S.C.
2455(f) and 2458(c)) shall apply in carrying out these
activities: Provided further, That payments and contributions
collected and accepted for materials or services provided as
part of such activities may be retained for use in covering the
cost of such activities, and for providing information to the
public with respect to the export administration and national
security activities of the Department of Commerce and other
export control programs of the United States and other
governments.
Economic Development Administration
economic development assistance programs
For grants for economic development assistance as provided by
the Public Works and Economic Development Act of 1965, for
trade adjustment assistance, and for grants authorized by
sections 27 and 28 of the Stevenson-Wydler Technology
Innovation Act of 1980 (15 U.S.C. 3722 and 3723), $292,500,000,
to remain available until expended, of which $33,000,000 shall
be for grants under such section 27 and $2,000,000 shall be for
grants under such section 28.
salaries and expenses
For necessary expenses of administering the economic
development assistance programs as provided for by law,
$40,500,000: Provided, That these funds may be used to monitor
projects approved pursuant to title I of the Public Works
Employment Act of 1976, title II of the Trade Act of 1974,
sections 27 and 28 of the Stevenson-Wydler Technology
Innovation Act of 1980 (15 U.S.C. 3722 and 3723), and the
Community Emergency Drought Relief Act of 1977.
Minority Business Development Agency
minority business development
For necessary expenses of the Department of Commerce in
fostering, promoting, and developing minority business
enterprises, including expenses of grants, contracts, and other
agreements with public or private organizations, $42,000,000,
of which not more than $15,500,000 shall be available for
overhead expenses, including salaries and expenses, rent,
utilities, and information technology services.
Economic and Statistical Analysis
salaries and expenses
For necessary expenses, as authorized by law, of economic and
statistical analysis programs of the Department of Commerce,
$107,990,000, to remain available until September 30, 2021.
Bureau of the Census
current surveys and programs
For necessary expenses for collecting, compiling, analyzing,
preparing, and publishing statistics, provided for by law,
$274,000,000: Provided, That, from amounts provided herein,
funds may be used for promotion, outreach, and marketing
activities.
periodic censuses and programs
(including transfer of funds)
For necessary expenses for collecting, compiling, analyzing,
preparing, and publishing statistics for periodic censuses and
programs provided for by law, $7,284,319,000, to remain
available until September 30, 2021: Provided, That, from
amounts provided herein, funds may be used for promotion,
outreach, and marketing activities: Provided further, That
within the amounts appropriated, $3,556,000 shall be
transferred to the ``Office of Inspector General'' account for
activities associated with carrying out investigations and
audits related to the Bureau of the Census: Provided further,
That of the amount provided under this heading, $2,500,000,000
is designated by the Congress as being for the 2020 Census
pursuant to section 251(b)(2)(G) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
National Telecommunications and Information Administration
salaries and expenses
For necessary expenses, as provided for by law, of the
National Telecommunications and Information Administration
(NTIA), $40,441,000, to remain available until September 30,
2021: Provided, That, notwithstanding 31 U.S.C. 1535(d), the
Secretary of Commerce shall charge Federal agencies for costs
incurred in spectrum management, analysis, operations, and
related services, and such fees shall be retained and used as
offsetting collections for costs of such spectrum services, to
remain available until expended: Provided further, That the
Secretary of Commerce is authorized to retain and use as
offsetting collections all funds transferred, or previously
transferred, from other Government agencies for all costs
incurred in telecommunications research, engineering, and
related activities by the Institute for Telecommunication
Sciences of NTIA, in furtherance of its assigned functions
under this paragraph, and such funds received from other
Government agencies shall remain available until expended.
public telecommunications facilities, planning and construction
For the administration of prior-year grants, recoveries and
unobligated balances of funds previously appropriated are
available for the administration of all open grants until their
expiration.
United States Patent and Trademark Office
salaries and expenses
(including transfers of funds)
For necessary expenses of the United States Patent and
Trademark Office (USPTO) provided for by law, including defense
of suits instituted against the Under Secretary of Commerce for
Intellectual Property and Director of the USPTO,
$3,450,681,000, to remain available until expended: Provided,
That the sum herein appropriated from the general fund shall be
reduced as offsetting collections of fees and surcharges
assessed and collected by the USPTO under any law are received
during fiscal year 2020, so as to result in a fiscal year 2020
appropriation from the general fund estimated at $0: Provided
further, That during fiscal year 2020, should the total amount
of such offsetting collections be less than $3,450,681,000,
this amount shall be reduced accordingly: Provided further,
That any amount received in excess of $3,450,681,000 in fiscal
year 2020 and deposited in the Patent and Trademark Fee Reserve
Fund shall remain available until expended: Provided further,
That the Director of USPTO shall submit a spending plan to the
Committees on Appropriations of the House of Representatives
and the Senate for any amounts made available by the preceding
proviso and such spending plan shall be treated as a
reprogramming under section 505 of this Act and shall not be
available for obligation or expenditure except in compliance
with the procedures set forth in that section: Provided
further, That any amounts reprogrammed in accordance with the
preceding proviso shall be transferred to the United States
Patent and Trademark Office ``Salaries and Expenses'' account:
Provided further, That from amounts provided herein, not to
exceed $900 shall be made available in fiscal year 2020 for
official reception and representation expenses: Provided
further, That in fiscal year 2020 from the amounts made
available for ``Salaries and Expenses'' for the USPTO, the
amounts necessary to pay (1) the difference between the
percentage of basic pay contributed by the USPTO and employees
under section 8334(a) of title 5, United States Code, and the
normal cost percentage (as defined by section 8331(17) of that
title) as provided by the Office of Personnel Management (OPM)
for USPTO's specific use, of basic pay, of employees subject to
subchapter III of chapter 83 of that title, and (2) the present
value of the otherwise unfunded accruing costs, as determined
by OPM for USPTO's specific use of post-retirement life
insurance and post-retirement health benefits coverage for all
USPTO employees who are enrolled in Federal Employees Health
Benefits (FEHB) and Federal Employees Group Life Insurance
(FEGLI), shall be transferred to the Civil Service Retirement
and Disability Fund, the FEGLI Fund, and the Employees FEHB
Fund, as appropriate, and shall be available for the authorized
purposes of those accounts: Provided further, That any
differences between the present value factors published in
OPM's yearly 300 series benefit letters and the factors that
OPM provides for USPTO's specific use shall be recognized as an
imputed cost on USPTO's financial statements, where applicable:
Provided further, That, notwithstanding any other provision of
law, all fees and surcharges assessed and collected by USPTO
are available for USPTO only pursuant to section 42(c) of title
35, United States Code, as amended by section 22 of the Leahy-
Smith America Invents Act (Public Law 112-29): Provided
further, That within the amounts appropriated, $2,000,000 shall
be transferred to the ``Office of Inspector General'' account
for activities associated with carrying out investigations and
audits related to the USPTO.
National Institute of Standards and Technology
scientific and technical research and services
(including transfer of funds)
For necessary expenses of the National Institute of Standards
and Technology (NIST), $754,000,000, to remain available until
expended, of which not to exceed $9,000,000 may be transferred
to the ``Working Capital Fund'': Provided, That not to exceed
$5,000 shall be for official reception and representation
expenses: Provided further, That NIST may provide local
transportation for summer undergraduate research fellowship
program participants.
industrial technology services
For necessary expenses for industrial technology services,
$162,000,000, to remain available until expended, of which
$146,000,000 shall be for the Hollings Manufacturing Extension
Partnership, and of which $16,000,000 shall be for the National
Network for Manufacturing Innovation (also known as
``Manufacturing USA'').
construction of research facilities
For construction of new research facilities, including
architectural and engineering design, and for renovation and
maintenance of existing facilities, not otherwise provided for
the National Institute of Standards and Technology, as
authorized by sections 13 through 15 of the National Institute
of Standards and Technology Act (15 U.S.C. 278c-278e),
$118,000,000, to remain available until expended: Provided,
That the Secretary of Commerce shall include in the budget
justification materials that the Secretary submits to Congress
in support of the Department of Commerce budget (as submitted
with the budget of the President under section 1105(a) of title
31, United States Code) an estimate for each National Institute
of Standards and Technology construction project having a total
multi-year program cost of more than $5,000,000, and
simultaneously the budget justification materials shall include
an estimate of the budgetary requirements for each such project
for each of the 5 subsequent fiscal years.
National Oceanic and Atmospheric Administration
operations, research, and facilities
(including transfer of funds)
For necessary expenses of activities authorized by law for
the National Oceanic and Atmospheric Administration, including
maintenance, operation, and hire of aircraft and vessels; pilot
programs for state-led fisheries management, notwithstanding
any other provision of law; grants, contracts, or other
payments to nonprofit organizations for the purposes of
conducting activities pursuant to cooperative agreements; and
relocation of facilities, $3,763,939,000, to remain available
until September 30, 2021: Provided, That fees and donations
received by the National Ocean Service for the management of
national marine sanctuaries may be retained and used for the
salaries and expenses associated with those activities,
notwithstanding section 3302 of title 31, United States Code:
Provided further, That in addition, $174,774,000 shall be
derived by transfer from the fund entitled ``Promote and
Develop Fishery Products and Research Pertaining to American
Fisheries'', which shall only be used for fishery activities
related to the Saltonstall-Kennedy Grant Program; Fisheries
Data Collections, Surveys and Assessments; and
Interjurisdictional Fisheries Grants: Provided further, That
not to exceed $62,070,000 shall be for payment to the
Department of Commerce Working Capital Fund: Provided further,
That of the $3,956,213,000 provided for in direct obligations
under this heading, $3,763,939,000 is appropriated from the
general fund, $174,774,000 is provided by transfer, and
$17,500,000 is derived from recoveries of prior year
obligations: Provided further, That any deviation from the
amounts designated for specific activities in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act), or any use of deobligated
balances of funds provided under this heading in previous
years, shall be subject to the procedures set forth in section
505 of this Act: Provided further, That in addition, for
necessary retired pay expenses under the Retired Serviceman's
Family Protection and Survivor Benefits Plan, and for payments
for the medical care of retired personnel and their dependents
under the Dependents' Medical Care Act (10 U.S.C. ch. 55), such
sums as may be necessary: Provided further, That the
Administrator of the National Oceanic and Atmospheric
Administration submit to Congress a report on existing
supercomputing capacity and needs of the Administration and on
the incremental improvement to operational weather forecasts
that would result from a significant investment in additional
compute capacity.
procurement, acquisition and construction
(including transfer of funds)
For procurement, acquisition and construction of capital
assets, including alteration and modification costs, of the
National Oceanic and Atmospheric Administration,
$1,530,890,000, to remain available until September 30, 2022,
except that funds provided for acquisition and construction of
vessels and construction of facilities shall remain available
until expended: Provided, That of the $1,543,890,000 provided
for in direct obligations under this heading, $1,530,890,000 is
appropriated from the general fund and $13,000,000 is provided
from recoveries of prior year obligations: Provided further,
That any deviation from the amounts designated for specific
activities in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated Act),
or any use of deobligated balances of funds provided under this
heading in previous years, shall be subject to the procedures
set forth in section 505 of this Act: Provided further, That
the Secretary of Commerce shall include in budget justification
materials that the Secretary submits to Congress in support of
the Department of Commerce budget (as submitted with the budget
of the President under section 1105(a) of title 31, United
States Code) an estimate for each National Oceanic and
Atmospheric Administration procurement, acquisition or
construction project having a total of more than $5,000,000 and
simultaneously the budget justification shall include an
estimate of the budgetary requirements for each such project
for each of the 5 subsequent fiscal years: Provided further,
That, within the amounts appropriated, $1,302,000 shall be
transferred to the ``Office of Inspector General'' account for
activities associated with carrying out investigations and
audits related to satellite procurement, acquisition and
construction.
pacific coastal salmon recovery
For necessary expenses associated with the restoration of
Pacific salmon populations, $65,000,000, to remain available
until September 30, 2021: Provided, That, of the funds
provided herein, the Secretary of Commerce may issue grants to
the States of Washington, Oregon, Idaho, Nevada, California,
and Alaska, and to the Federally recognized tribes of the
Columbia River and Pacific Coast (including Alaska), for
projects necessary for conservation of salmon and steelhead
populations that are listed as threatened or endangered, or
that are identified by a State as at-risk to be so listed, for
maintaining populations necessary for exercise of tribal treaty
fishing rights or native subsistence fishing, or for
conservation of Pacific coastal salmon and steelhead habitat,
based on guidelines to be developed by the Secretary of
Commerce: Provided further, That all funds shall be allocated
based on scientific and other merit principles and shall not be
available for marketing activities: Provided further, That
funds disbursed to States shall be subject to a matching
requirement of funds or documented in-kind contributions of at
least 33 percent of the Federal funds.
fishermen's contingency fund
For carrying out the provisions of title IV of Public Law 95-
372, not to exceed $349,000, to be derived from receipts
collected pursuant to that Act, to remain available until
expended.
fisheries finance program account
Subject to section 502 of the Congressional Budget Act of
1974, during fiscal year 2020, obligations of direct loans may
not exceed $24,000,000 for Individual Fishing Quota loans and
not to exceed $100,000,000 for traditional direct loans as
authorized by the Merchant Marine Act of 1936.
Departmental Management
salaries and expenses
For necessary expenses for the management of the Department
of Commerce provided for by law, including not to exceed $4,500
for official reception and representation, $61,000,000:
Provided, That no employee of the Department of Commerce may be
detailed or assigned from a bureau or office funded by this Act
or any other Act to offices within the Office of the Secretary
of the Department of Commerce for more than 30 days in a fiscal
year unless the individual's employing bureau or office is
fully reimbursed for the salary and expenses of the employee
for the entire period of assignment using funds provided under
this heading: Provided further, That of the funds provided
under this heading, $15,000,000 shall be withheld from
obligation until the Secretary updates and resubmits to the
Committees on Appropriations of the House of Representatives
and the Senate the plan for expenditure described in the third
proviso under the heading ``Bureau of the Census--Periodic
Censuses and Programs'' in division C of Public Law 116-6.
renovation and modernization
For necessary expenses for the renovation and modernization
of the Herbert C. Hoover Building, $1,000,000, to remain
available until expended.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of
1978 (5 U.S.C. App.), $35,000,000: Provided, That
notwithstanding section 6413(b) of the Middle Class Tax Relief
and Job Creation Act of 2012 (Public Law 112-96), $2,000,000,
to remain available until expended, from the amounts provided
under this heading, shall be derived from the Public Safety
Trust Fund for activities associated with carrying out
investigations and audits related to the First Responder
Network Authority (FirstNet).
General Provisions--Department of Commerce
(including transfer of funds)
Sec. 101. During the current fiscal year, applicable
appropriations and funds made available to the Department of
Commerce by this Act shall be available for the activities
specified in the Act of October 26, 1949 (15 U.S.C. 1514), to
the extent and in the manner prescribed by the Act, and,
notwithstanding 31 U.S.C. 3324, may be used for advanced
payments not otherwise authorized only upon the certification
of officials designated by the Secretary of Commerce that such
payments are in the public interest.
Sec. 102. During the current fiscal year, appropriations
made available to the Department of Commerce by this Act for
salaries and expenses shall be available for hire of passenger
motor vehicles as authorized by 31 U.S.C. 1343 and 1344;
services as authorized by 5 U.S.C. 3109; and uniforms or
allowances therefor, as authorized by law (5 U.S.C. 5901-5902).
Sec. 103. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of
Commerce in this Act may be transferred between such
appropriations, but no such appropriation shall be increased by
more than 10 percent by any such transfers: Provided, That any
transfer pursuant to this section shall be treated as a
reprogramming of funds under section 505 of this Act and shall
not be available for obligation or expenditure except in
compliance with the procedures set forth in that section:
Provided further, That the Secretary of Commerce shall notify
the Committees on Appropriations at least 15 days in advance of
the acquisition or disposal of any capital asset (including
land, structures, and equipment) not specifically provided for
in this Act or any other law appropriating funds for the
Department of Commerce.
Sec. 104. The requirements set forth by section 105 of the
Commerce, Justice, Science, and Related Agencies Appropriations
Act, 2012 (Public Law 112-55), as amended by section 105 of
title I of division B of Public Law 113-6, are hereby adopted
by reference and made applicable with respect to fiscal year
2020: Provided, That the life cycle cost for the Joint Polar
Satellite System is $11,322,125,000 and the life cycle cost for
the Geostationary Operational Environmental Satellite R-Series
Program is $10,828,059,000.
Sec. 105. Notwithstanding any other provision of law, the
Secretary may furnish services (including but not limited to
utilities, telecommunications, and security services) necessary
to support the operation, maintenance, and improvement of space
that persons, firms, or organizations are authorized, pursuant
to the Public Buildings Cooperative Use Act of 1976 or other
authority, to use or occupy in the Herbert C. Hoover Building,
Washington, DC, or other buildings, the maintenance, operation,
and protection of which has been delegated to the Secretary
from the Administrator of General Services pursuant to the
Federal Property and Administrative Services Act of 1949 on a
reimbursable or non-reimbursable basis. Amounts received as
reimbursement for services provided under this section or the
authority under which the use or occupancy of the space is
authorized, up to $200,000, shall be credited to the
appropriation or fund which initially bears the costs of such
services.
Sec. 106. Nothing in this title shall be construed to
prevent a grant recipient from deterring child pornography,
copyright infringement, or any other unlawful activity over its
networks.
Sec. 107. The Administrator of the National Oceanic and
Atmospheric Administration is authorized to use, with their
consent, with reimbursement and subject to the limits of
available appropriations, the land, services, equipment,
personnel, and facilities of any department, agency, or
instrumentality of the United States, or of any State, local
government, Indian tribal government, Territory, or possession,
or of any political subdivision thereof, or of any foreign
government or international organization, for purposes related
to carrying out the responsibilities of any statute
administered by the National Oceanic and Atmospheric
Administration.
Sec. 108. The National Technical Information Service shall
not charge any customer for a copy of any report or document
generated by the Legislative Branch unless the Service has
provided information to the customer on how an electronic copy
of such report or document may be accessed and downloaded for
free online. Should a customer still require the Service to
provide a printed or digital copy of the report or document,
the charge shall be limited to recovering the Service's cost of
processing, reproducing, and delivering such report or
document.
Sec. 109. To carry out the responsibilities of the National
Oceanic and Atmospheric Administration (NOAA), the
Administrator of NOAA is authorized to: (1) enter into grants
and cooperative agreements with; (2) use on a non-reimbursable
basis land, services, equipment, personnel, and facilities
provided by; and (3) receive and expend funds made available on
a consensual basis from: a Federal agency, State or subdivision
thereof, local government, tribal government, territory, or
possession or any subdivisions thereof: Provided, That funds
received for permitting and related regulatory activities
pursuant to this section shall be deposited under the heading
``National Oceanic and Atmospheric Administration--Operations,
Research, and Facilities'' and shall remain available until
September 30, 2022, for such purposes: Provided further, That
all funds within this section and their corresponding uses are
subject to section 505 of this Act.
Sec. 110. Amounts provided by this Act or by any prior
appropriations Act that remain available for obligation, for
necessary expenses of the programs of the Economics and
Statistics Administration of the Department of Commerce,
including amounts provided for programs of the Bureau of
Economic Analysis and the Bureau of the Census, shall be
available for expenses of cooperative agreements with
appropriate entities, including any Federal, State, or local
governmental unit, or institution of higher education, to aid
and promote statistical, research, and methodology activities
which further the purposes for which such amounts have been
made available.
Sec. 111. (a) There is hereby established in the Treasury of
the United States a fund to be known as the ``Department of
Commerce Nonrecurring Expenses Fund'' (the Fund): Provided,
That unobligated balances of expired discretionary funds
appropriated for this or any succeeding fiscal year from the
General Fund of the Treasury to the Department of Commerce by
this or any other Act may be transferred (not later than the
end of the fifth fiscal year after the last fiscal year for
which such funds are available for the purposes for which
appropriated) into the Fund: Provided further, That amounts
deposited in the Fund shall be available until expended, and in
addition to such other funds as may be available for such
purposes, for information and business technology system
modernization and facilities infrastructure improvements
necessary for the operation of the Department, subject to
approval by the Office of Management and Budget: Provided
further, That amounts in the Fund may be obligated only after
the Committees on Appropriations of the House of
Representatives and the Senate are notified at least 15 days in
advance of the planned use of funds.
(b) In addition to amounts otherwise made available by this
Act, there is appropriated $20,000,000, to remain available
until September 30, 2022, to the Fund for necessary expenses
for a business application system modernization.
Sec. 112. Not later than thirty days after the date of the
enactment of this Act, using amounts appropriated or otherwise
made available in this title for the Bureau of Industry and
Security for operations and administration, the Secretary of
Commerce shall--
(1) publish in the Federal Register the report on the
findings of the investigation into the effect on
national security of imports of automobiles and
automotive parts that the Secretary initiated on May
23, 2018, under section 232(b) of the Trade Expansion
Act of 1962 (19 U.S.C. 1862(b)), as required under
paragraph (3)(B) of that section; and
(2) submit to Congress any portion of the report that
contains classified information, which may be viewed
only by Members of Congress and their staff with
appropriate security clearances.
This title may be cited as the ``Department of Commerce
Appropriations Act, 2020''.
TITLE II
DEPARTMENT OF JUSTICE
General Administration
salaries and expenses
For expenses necessary for the administration of the
Department of Justice, $114,740,000, of which not to exceed
$4,000,000 for security and construction of Department of
Justice facilities shall remain available until expended.
justice information sharing technology
(including transfer of funds)
For necessary expenses for information sharing technology,
including planning, development, deployment and departmental
direction, $33,875,000, to remain available until expended:
Provided, That the Attorney General may transfer up to
$40,000,000 to this account, from funds available to the
Department of Justice for information technology, to remain
available until expended, for enterprise-wide information
technology initiatives: Provided further, That the transfer
authority in the preceding proviso is in addition to any other
transfer authority contained in this Act: Provided further,
That any transfer pursuant to the first proviso shall be
treated as a reprogramming under section 505 of this Act and
shall not be available for obligation or expenditure except in
compliance with the procedures set forth in that section.
Executive Office for Immigration Review
(including transfer of funds)
For expenses necessary for the administration of immigration-
related activities of the Executive Office for Immigration
Review, $672,966,000, of which $4,000,000 shall be derived by
transfer from the Executive Office for Immigration Review fees
deposited in the ``Immigration Examinations Fee'' account, and
of which not less than $18,000,000 shall be available for
services and activities provided by the Legal Orientation
Program: Provided, That not to exceed $35,000,000 of the total
amount made available under this heading shall remain available
until expended.
Office of Inspector General
For necessary expenses of the Office of Inspector General,
$105,000,000, including not to exceed $10,000 to meet
unforeseen emergencies of a confidential character: Provided,
That not to exceed $2,000,000 shall remain available until
September 30, 2021.
United States Parole Commission
salaries and expenses
For necessary expenses of the United States Parole Commission
as authorized, $13,308,000: Provided, That, notwithstanding
any other provision of law, upon the expiration of a term of
office of a Commissioner, the Commissioner may continue to act
until a successor has been appointed.
Legal Activities
salaries and expenses, general legal activities
For expenses necessary for the legal activities of the
Department of Justice, not otherwise provided for, including
not to exceed $20,000 for expenses of collecting evidence, to
be expended under the direction of, and to be accounted for
solely under the certificate of, the Attorney General; the
administration of pardon and clemency petitions; and rent of
private or Government-owned space in the District of Columbia,
$920,000,000, of which not to exceed $20,000,000 for litigation
support contracts shall remain available until expended:
Provided, That of the amount provided for INTERPOL Washington
dues payments, not to exceed $685,000 shall remain available
until expended: Provided further, That of the total amount
appropriated, not to exceed $9,000 shall be available to
INTERPOL Washington for official reception and representation
expenses: Provided further, That notwithstanding section 205
of this Act, upon a determination by the Attorney General that
emergent circumstances require additional funding for
litigation activities of the Civil Division, the Attorney
General may transfer such amounts to ``Salaries and Expenses,
General Legal Activities'' from available appropriations for
the current fiscal year for the Department of Justice, as may
be necessary to respond to such circumstances: Provided
further, That any transfer pursuant to the preceding proviso
shall be treated as a reprogramming under section 505 of this
Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that
section: Provided further, That of the amount appropriated,
such sums as may be necessary shall be available to the Civil
Rights Division for salaries and expenses associated with the
election monitoring program under section 8 of the Voting
Rights Act of 1965 (52 U.S.C. 10305) and to reimburse the
Office of Personnel Management for such salaries and expenses:
Provided further, That of the amounts provided under this
heading for the election monitoring program, $3,390,000 shall
remain available until expended: Provided further, That of the
amount appropriated, not less than $193,715,000 shall be
available for the Criminal Division, including related expenses
for the Mutual Legal Assistance Treaty Program.
In addition, for reimbursement of expenses of the Department
of Justice associated with processing cases under the National
Childhood Vaccine Injury Act of 1986, not to exceed
$13,000,000, to be appropriated from the Vaccine Injury
Compensation Trust Fund.
salaries and expenses, antitrust division
For expenses necessary for the enforcement of antitrust and
kindred laws, $166,755,000, to remain available until expended:
Provided, That notwithstanding any other provision of law,
fees collected for premerger notification filings under the
Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15 U.S.C.
18a), regardless of the year of collection (and estimated to be
$141,000,000 in fiscal year 2020), shall be retained and used
for necessary expenses in this appropriation, and shall remain
available until expended: Provided further, That the sum
herein appropriated from the general fund shall be reduced as
such offsetting collections are received during fiscal year
2020, so as to result in a final fiscal year 2020 appropriation
from the general fund estimated at $25,755,000.
salaries and expenses, united states attorneys
For necessary expenses of the Offices of the United States
Attorneys, including inter-governmental and cooperative
agreements, $2,254,541,000: Provided, That of the total amount
appropriated, not to exceed $7,200 shall be available for
official reception and representation expenses: Provided
further, That not to exceed $25,000,000 shall remain available
until expended: Provided further, That each United States
Attorney shall establish or participate in a task force on
human trafficking.
united states trustee system fund
For necessary expenses of the United States Trustee Program,
as authorized, $227,229,000, to remain available until
expended: Provided, That, notwithstanding any other provision
of law, deposits to the United States Trustee System Fund and
amounts herein appropriated shall be available in such amounts
as may be necessary to pay refunds due depositors: Provided
further, That, notwithstanding any other provision of law, fees
deposited into the Fund pursuant to section 589a(b) of title
28, United States Code (as limited by section 1004(b) of the
Bankruptcy Judgeship Act of 2017 (division B of Public Law 115-
72)), shall be retained and used for necessary expenses in this
appropriation and shall remain available until expended:
Provided further, That to the extent that fees deposited into
the Fund in fiscal year 2020, net of amounts necessary to pay
refunds due depositors, exceed $227,229,000, those excess
amounts shall be available in future fiscal years only to the
extent provided in advance in appropriations Acts: Provided
further, That the sum herein appropriated from the general fund
shall be reduced (1) as such fees are received during fiscal
year 2020, net of amounts necessary to pay refunds due
depositors, (estimated at $309,000,000) and (2) to the extent
that any remaining general fund appropriations can be derived
from amounts deposited in the Fund in previous fiscal years
that are not otherwise appropriated, so as to result in a final
fiscal year 2020 appropriation from the general fund estimated
at $0.
salaries and expenses, foreign claims settlement commission
For expenses necessary to carry out the activities of the
Foreign Claims Settlement Commission, including services as
authorized by section 3109 of title 5, United States Code,
$2,335,000.
fees and expenses of witnesses
For fees and expenses of witnesses, for expenses of contracts
for the procurement and supervision of expert witnesses, for
private counsel expenses, including advances, and for expenses
of foreign counsel, $270,000,000, to remain available until
expended, of which not to exceed $16,000,000 is for
construction of buildings for protected witness safesites; not
to exceed $3,000,000 is for the purchase and maintenance of
armored and other vehicles for witness security caravans; and
not to exceed $18,000,000 is for the purchase, installation,
maintenance, and upgrade of secure telecommunications equipment
and a secure automated information network to store and
retrieve the identities and locations of protected witnesses:
Provided, That amounts made available under this heading may
not be transferred pursuant to section 205 of this Act.
salaries and expenses, community relations service
(including transfer of funds)
For necessary expenses of the Community Relations Service,
$16,000,000: Provided, That notwithstanding section 205 of
this Act, upon a determination by the Attorney General that
emergent circumstances require additional funding for conflict
resolution and violence prevention activities of the Community
Relations Service, the Attorney General may transfer such
amounts to the Community Relations Service, from available
appropriations for the current fiscal year for the Department
of Justice, as may be necessary to respond to such
circumstances: Provided further, That any transfer pursuant to
the preceding proviso shall be treated as a reprogramming under
section 505 of this Act and shall not be available for
obligation or expenditure except in compliance with the
procedures set forth in that section.
assets forfeiture fund
For expenses authorized by subparagraphs (B), (F), and (G) of
section 524(c)(1) of title 28, United States Code, $20,514,000,
to be derived from the Department of Justice Assets Forfeiture
Fund.
United States Marshals Service
salaries and expenses
For necessary expenses of the United States Marshals Service,
$1,430,000,000, of which not to exceed $6,000 shall be
available for official reception and representation expenses,
and not to exceed $25,000,000 shall remain available until
expended.
construction
For construction in space controlled, occupied or utilized by
the United States Marshals Service for prisoner holding and
related support, $15,000,000, to remain available until
expended.
federal prisoner detention
For necessary expenses related to United States prisoners in
the custody of the United States Marshals Service as authorized
by section 4013 of title 18, United States Code,
$1,867,461,000, to remain available until expended: Provided,
That not to exceed $20,000,000 shall be considered ``funds
appropriated for State and local law enforcement assistance''
pursuant to section 4013(b) of title 18, United States Code:
Provided further, That the United States Marshals Service shall
be responsible for managing the Justice Prisoner and Alien
Transportation System.
National Security Division
salaries and expenses
(including transfer of funds)
For expenses necessary to carry out the activities of the
National Security Division, $110,000,000, of which not to
exceed $5,000,000 for information technology systems shall
remain available until expended: Provided, That
notwithstanding section 205 of this Act, upon a determination
by the Attorney General that emergent circumstances require
additional funding for the activities of the National Security
Division, the Attorney General may transfer such amounts to
this heading from available appropriations for the current
fiscal year for the Department of Justice, as may be necessary
to respond to such circumstances: Provided further, That any
transfer pursuant to the preceding proviso shall be treated as
a reprogramming under section 505 of this Act and shall not be
available for obligation or expenditure except in compliance
with the procedures set forth in that section.
Interagency Law Enforcement
interagency crime and drug enforcement
For necessary expenses for the identification, investigation,
and prosecution of individuals associated with the most
significant drug trafficking organizations, transnational
organized crime, and money laundering organizations not
otherwise provided for, to include inter-governmental
agreements with State and local law enforcement agencies
engaged in the investigation and prosecution of individuals
involved in transnational organized crime and drug trafficking,
$550,458,000, of which $50,000,000 shall remain available until
expended: Provided, That any amounts obligated from
appropriations under this heading may be used under authorities
available to the organizations reimbursed from this
appropriation.
Federal Bureau of Investigation
salaries and expenses
For necessary expenses of the Federal Bureau of Investigation
for detection, investigation, and prosecution of crimes against
the United States, $9,467,902,000, of which not to exceed
$216,900,000 shall remain available until expended: Provided,
That not to exceed $284,000 shall be available for official
reception and representation expenses.
construction
For necessary expenses, to include the cost of equipment,
furniture, and information technology requirements, related to
construction or acquisition of buildings, facilities, and sites
by purchase, or as otherwise authorized by law; conversion,
modification, and extension of federally owned buildings;
preliminary planning and design of projects; and operation and
maintenance of secure work environment facilities and secure
networking capabilities; $485,000,000, to remain available
until expended.
Drug Enforcement Administration
salaries and expenses
For necessary expenses of the Drug Enforcement
Administration, including not to exceed $70,000 to meet
unforeseen emergencies of a confidential character pursuant to
section 530C of title 28, United States Code; and expenses for
conducting drug education and training programs, including
travel and related expenses for participants in such programs
and the distribution of items of token value that promote the
goals of such programs, $2,279,153,000, of which not to exceed
$75,000,000 shall remain available until expended and not to
exceed $90,000 shall be available for official reception and
representation expenses.
Bureau of Alcohol, Tobacco, Firearms and Explosives
salaries and expenses
For necessary expenses of the Bureau of Alcohol, Tobacco,
Firearms and Explosives, for training of State and local law
enforcement agencies with or without reimbursement, including
training in connection with the training and acquisition of
canines for explosives and fire accelerants detection; and for
provision of laboratory assistance to State and local law
enforcement agencies, with or without reimbursement,
$1,400,000,000, of which not to exceed $36,000 shall be for
official reception and representation expenses, not to exceed
$1,000,000 shall be available for the payment of attorneys'
fees as provided by section 924(d)(2) of title 18, United
States Code, and not to exceed $25,000,000 shall remain
available until expended: Provided, That none of the funds
appropriated herein shall be available to investigate or act
upon applications for relief from Federal firearms disabilities
under section 925(c) of title 18, United States Code: Provided
further, That such funds shall be available to investigate and
act upon applications filed by corporations for relief from
Federal firearms disabilities under section 925(c) of title 18,
United States Code: Provided further, That no funds made
available by this or any other Act may be used to transfer the
functions, missions, or activities of the Bureau of Alcohol,
Tobacco, Firearms and Explosives to other agencies or
Departments.
Federal Prison System
salaries and expenses
(including transfer of funds)
For necessary expenses of the Federal Prison System for the
administration, operation, and maintenance of Federal penal and
correctional institutions, and for the provision of technical
assistance and advice on corrections related issues to foreign
governments, $7,470,000,000 of which not less than $75,000,000
shall be for the programs and activities authorized by the
First Step Act of 2018 (Public Law 115-391): Provided, That
the Attorney General may transfer to the Department of Health
and Human Services such amounts as may be necessary for direct
expenditures by that Department for medical relief for inmates
of Federal penal and correctional institutions: Provided
further, That the Director of the Federal Prison System, where
necessary, may enter into contracts with a fiscal agent or
fiscal intermediary claims processor to determine the amounts
payable to persons who, on behalf of the Federal Prison System,
furnish health services to individuals committed to the custody
of the Federal Prison System: Provided further, That not to
exceed $5,400 shall be available for official reception and
representation expenses: Provided further, That not to exceed
$50,000,000 shall remain available until expended for necessary
operations: Provided further, That, of the amounts provided
for contract confinement, not to exceed $20,000,000 shall
remain available until expended to make payments in advance for
grants, contracts and reimbursable agreements, and other
expenses: Provided further, That the Director of the Federal
Prison System may accept donated property and services relating
to the operation of the prison card program from a not-for-
profit entity which has operated such program in the past,
notwithstanding the fact that such not-for-profit entity
furnishes services under contracts to the Federal Prison System
relating to the operation of pre-release services, halfway
houses, or other custodial facilities.
buildings and facilities
For planning, acquisition of sites, and construction of new
facilities; purchase and acquisition of facilities and
remodeling, and equipping of such facilities for penal and
correctional use, including all necessary expenses incident
thereto, by contract or force account; and constructing,
remodeling, and equipping necessary buildings and facilities at
existing penal and correctional institutions, including all
necessary expenses incident thereto, by contract or force
account, $308,000,000, to remain available until expended, of
which $181,000,000 shall be available only for costs related to
construction of new facilities: Provided, That labor of United
States prisoners may be used for work performed under this
appropriation.
federal prison industries, incorporated
The Federal Prison Industries, Incorporated, is hereby
authorized to make such expenditures within the limits of funds
and borrowing authority available, and in accord with the law,
and to make such contracts and commitments without regard to
fiscal year limitations as provided by section 9104 of title
31, United States Code, as may be necessary in carrying out the
program set forth in the budget for the current fiscal year for
such corporation.
limitation on administrative expenses, federal prison industries,
incorporated
Not to exceed $2,700,000 of the funds of the Federal Prison
Industries, Incorporated, shall be available for its
administrative expenses, and for services as authorized by
section 3109 of title 5, United States Code, to be computed on
an accrual basis to be determined in accordance with the
corporation's current prescribed accounting system, and such
amounts shall be exclusive of depreciation, payment of claims,
and expenditures which such accounting system requires to be
capitalized or charged to cost of commodities acquired or
produced, including selling and shipping expenses, and expenses
in connection with acquisition, construction, operation,
maintenance, improvement, protection, or disposition of
facilities and other property belonging to the corporation or
in which it has an interest.
State and Local Law Enforcement Activities
Office on Violence Against Women
violence against women prevention and prosecution programs
(including transfer of funds)
For grants, contracts, cooperative agreements, and other
assistance for the prevention and prosecution of violence
against women, as authorized by the Omnibus Crime Control and
Safe Streets Act of 1968 (34 U.S.C. 10101 et seq.) (``the 1968
Act''); the Violent Crime Control and Law Enforcement Act of
1994 (Public Law 103-322) (``the 1994 Act''); the Victims of
Child Abuse Act of 1990 (Public Law 101-647) (``the 1990
Act''); the Prosecutorial Remedies and Other Tools to end the
Exploitation of Children Today Act of 2003 (Public Law 108-21);
the Juvenile Justice and Delinquency Prevention Act of 1974 (34
U.S.C. 11101 et seq.) (``the 1974 Act''); the Victims of
Trafficking and Violence Protection Act of 2000 (Public Law
106-386) (``the 2000 Act''); the Violence Against Women and
Department of Justice Reauthorization Act of 2005 (Public Law
109-162) (``the 2005 Act''); the Violence Against Women
Reauthorization Act of 2013 (Public Law 113-4) (``the 2013
Act''); the Rape Survivor Child Custody Act of 2015 (Public Law
114-22) (``the 2015 Act''); and the Abolish Human Trafficking
Act (Public Law 115-392); and for related victims services,
$502,500,000, to remain available until expended, of which
$435,000,000 shall be derived by transfer from amounts
available for obligation in this Act from the Fund established
by section 1402 of chapter XIV of title II of Public Law 98-473
(34 U.S.C. 20101), notwithstanding section 1402(d) of such Act
of 1984, and merged with the amounts otherwise made available
under this heading: Provided, That except as otherwise
provided by law, not to exceed 5 percent of funds made
available under this heading may be used for expenses related
to evaluation, training, and technical assistance: Provided
further, That of the amount provided--
(1) $215,000,000 is for grants to combat violence
against women, as authorized by part T of the 1968 Act;
(2) $37,000,000 is for transitional housing
assistance grants for victims of domestic violence,
dating violence, stalking, or sexual assault as
authorized by section 40299 of the 1994 Act;
(3) $2,500,000 is for the National Institute of
Justice and the Bureau of Justice Statistics for
research, evaluation, and statistics of violence
against women and related issues addressed by grant
programs of the Office on Violence Against Women, which
shall be transferred to ``Research, Evaluation and
Statistics'' for administration by the Office of
Justice Programs;
(4) $11,500,000 is for a grant program to provide
services to advocate for and respond to youth victims
of domestic violence, dating violence, sexual assault,
and stalking; assistance to children and youth exposed
to such violence; programs to engage men and youth in
preventing such violence; and assistance to middle and
high school students through education and other
services related to such violence: Provided, That
unobligated balances available for the programs
authorized by sections 41201, 41204, 41303, and 41305
of the 1994 Act, prior to its amendment by the 2013
Act, shall be available for this program: Provided
further, That 10 percent of the total amount available
for this grant program shall be available for grants
under the program authorized by section 2015 of the
1968 Act: Provided further, That the definitions and
grant conditions in section 40002 of the 1994 Act shall
apply to this program;
(5) $53,000,000 is for grants to encourage arrest
policies as authorized by part U of the 1968 Act, of
which $4,000,000 is for a homicide reduction
initiative;
(6) $38,000,000 is for sexual assault victims
assistance, as authorized by section 41601 of the 1994
Act;
(7) $43,500,000 is for rural domestic violence and
child abuse enforcement assistance grants, as
authorized by section 40295 of the 1994 Act;
(8) $20,000,000 is for grants to reduce violent
crimes against women on campus, as authorized by
section 304 of the 2005 Act;
(9) $46,000,000 is for legal assistance for victims,
as authorized by section 1201 of the 2000 Act;
(10) $5,000,000 is for enhanced training and services
to end violence against and abuse of women in later
life, as authorized by section 40801 of the 1994 Act;
(11) $17,000,000 is for grants to support families in
the justice system, as authorized by section 1301 of
the 2000 Act: Provided, That unobligated balances
available for the programs authorized by section 1301
of the 2000 Act and section 41002 of the 1994 Act,
prior to their amendment by the 2013 Act, shall be
available for this program;
(12) $6,000,000 is for education and training to end
violence against and abuse of women with disabilities,
as authorized by section 1402 of the 2000 Act;
(13) $1,000,000 is for the National Resource Center
on Workplace Responses to assist victims of domestic
violence, as authorized by section 41501 of the 1994
Act;
(14) $1,000,000 is for analysis and research on
violence against Indian women, including as authorized
by section 904 of the 2005 Act: Provided, That such
funds may be transferred to ``Research, Evaluation and
Statistics'' for administration by the Office of
Justice Programs;
(15) $500,000 is for a national clearinghouse that
provides training and technical assistance on issues
relating to sexual assault of American Indian and
Alaska Native women;
(16) $4,000,000 is for grants to assist tribal
governments in exercising special domestic violence
criminal jurisdiction, as authorized by section 904 of
the 2013 Act: Provided, That the grant conditions in
section 40002(b) of the 1994 Act shall apply to this
program; and
(17) $1,500,000 is for the purposes authorized under
the 2015 Act.
Office of Justice Programs
research, evaluation and statistics
For grants, contracts, cooperative agreements, and other
assistance authorized by title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (``the 1968 Act''); the Juvenile
Justice and Delinquency Prevention Act of 1974 (``the 1974
Act''); the Missing Children's Assistance Act (34 U.S.C. 11291
et seq.); the Prosecutorial Remedies and Other Tools to end the
Exploitation of Children Today Act of 2003 (Public Law 108-21);
the Justice for All Act of 2004 (Public Law 108-405); the
Violence Against Women and Department of Justice
Reauthorization Act of 2005 (Public Law 109-162) (``the 2005
Act''); the Victims of Child Abuse Act of 1990 (Public Law 101-
647); the Second Chance Act of 2007 (Public Law 110-199); the
Victims of Crime Act of 1984 (Public Law 98-473); the Adam
Walsh Child Protection and Safety Act of 2006 (Public Law 109-
248) (``the Adam Walsh Act''); the PROTECT Our Children Act of
2008 (Public Law 110-401); subtitle D of title II of the
Homeland Security Act of 2002 (Public Law 107-296) (``the 2002
Act''); the NICS Improvement Amendments Act of 2007 (Public Law
110-180); the Violence Against Women Reauthorization Act of
2013 (Public Law 113-4) (``the 2013 Act''); and other programs,
$79,000,000, to remain available until expended, of which--
(1) $43,000,000 is for criminal justice statistics
programs, and other activities, as authorized by part C
of title I of the 1968 Act; and
(2) $36,000,000 is for research, development, and
evaluation programs, and other activities as authorized
by part B of title I of the 1968 Act and subtitle D of
title II of the 2002 Act, of which $5,000,000 is for
research targeted toward developing a better
understanding of the domestic radicalization
phenomenon, and advancing evidence-based strategies for
effective intervention and prevention; $1,000,000 is
for research to study the root causes of school
violence to include the impact and effectiveness of
grants made under the STOP School Violence Act;
$1,000,000 is for a national study to understand the
responses of law enforcement to sex trafficking of
minors; and $2,000,000 is for a national center on
forensics.
state and local law enforcement assistance
(including transfer of funds)
For grants, contracts, cooperative agreements, and other
assistance authorized by the Violent Crime Control and Law
Enforcement Act of 1994 (Public Law 103-322) (``the 1994
Act''); the Omnibus Crime Control and Safe Streets Act of 1968
(``the 1968 Act''); the Justice for All Act of 2004 (Public Law
108-405); the Victims of Child Abuse Act of 1990 (Public Law
101-647) (``the 1990 Act''); the Trafficking Victims Protection
Reauthorization Act of 2005 (Public Law 109-164); the Violence
Against Women and Department of Justice Reauthorization Act of
2005 (Public Law 109-162) (``the 2005 Act''); the Adam Walsh
Child Protection and Safety Act of 2006 (Public Law 109-248)
(``the Adam Walsh Act''); the Victims of Trafficking and
Violence Protection Act of 2000 (Public Law 106-386); the NICS
Improvement Amendments Act of 2007 (Public Law 110-180);
subtitle D of title II of the Homeland Security Act of 2002
(Public Law 107-296) (``the 2002 Act''); the Second Chance Act
of 2007 (Public Law 110-199); the Prioritizing Resources and
Organization for Intellectual Property Act of 2008 (Public Law
110-403); the Victims of Crime Act of 1984 (Public Law 98-473);
the Mentally Ill Offender Treatment and Crime Reduction
Reauthorization and Improvement Act of 2008 (Public Law 110-
416); the Violence Against Women Reauthorization Act of 2013
(Public Law 113-4) (``the 2013 Act''); the Comprehensive
Addiction and Recovery Act of 2016 (Public Law 114-198)
(``CARA''); the Justice for All Reauthorization Act of 2016
(Public Law 114-324); Kevin and Avonte's Law (division Q of
Public Law 115-141) (``Kevin and Avonte's Law''); the Keep
Young Athletes Safe Act of 2018 (title III of division S of
Public Law 115-141) (``the Keep Young Athletes Safe Act''); the
STOP School Violence Act of 2018 (title V of division S of
Public Law 115-141) (``the STOP School Violence Act''); the Fix
NICS Act of 2018 (title VI of division S of Public Law 115-
141); the Project Safe Neighborhoods Grant Program
Authorization Act of 2018 (Public Law 115-185); the SUPPORT for
Patients and Communities Act (Public Law 115-271); and the
Second Chance Reauthorization Act of 2018 (Public Law 115-391);
and other programs, $1,892,000,000, to remain available until
expended as follows--
(1) $547,210,000 for the Edward Byrne Memorial
Justice Assistance Grant program as authorized by
subpart 1 of part E of title I of the 1968 Act (except
that section 1001(c), and the special rules for Puerto
Rico under section 505(g) of title I of the 1968 Act
shall not apply for purposes of this Act), of which,
notwithstanding such subpart 1, $12,000,000 is for the
Officer Robert Wilson III Memorial Initiative on
Preventing Violence Against Law Enforcement Officer
Resilience and Survivability (VALOR), $7,500,000 is for
an initiative to support evidence-based policing,
$8,000,000 is for an initiative to enhance
prosecutorial decision-making, $2,400,000 is for the
operationalization, maintenance and expansion of the
National Missing and Unidentified Persons System,
$2,500,000 is for an academic based training initiative
to improve police-based responses to people with mental
illness or developmental disabilities, $2,000,000 is
for a student loan repayment assistance program
pursuant to section 952 of Public Law 110-315,
$15,500,000 is for prison rape prevention and
prosecution grants to States and units of local
government, and other programs, as authorized by the
Prison Rape Elimination Act of 2003 (Public Law 108-
79), $2,000,000 is for a grant program authorized by
Kevin and Avonte's Law, $3,000,000 is for a regional
law enforcement technology initiative, $20,000,000 is
for grants authorized under the Project Safe
Neighborhoods Grant Authorization Act of 2018 (Public
Law 115-185), $2,000,000 is for a grant to provide a
drug field testing and training initiative, $5,500,000
is for the Capital Litigation Improvement Grant
Program, as authorized by section 426 of Public Law
108-405, and for grants for wrongful conviction review,
$2,000,000 is for grants to States and units of local
government to deploy managed access systems to combat
contraband cell phone use in prison, $1,000,000 is for
a collaborative mental health and anti-recidivism
initiative, $100,000,000 is for grants for law
enforcement activities associated with the presidential
nominating conventions, $2,000,000 is for a program to
improve juvenile indigent defense, $8,000,000 is for
community-based violence prevention initiatives, and
$3,000,000 is for a national center for restorative
justice;
(2) $244,000,000 for the State Criminal Alien
Assistance Program, as authorized by section 241(i)(5)
of the Immigration and Nationality Act (8 U.S.C.
1231(i)(5)): Provided, That no jurisdiction shall
request compensation for any cost greater than the
actual cost for Federal immigration and other detainees
housed in State and local detention facilities;
(3) $85,000,000 for victim services programs for
victims of trafficking, as authorized by section
107(b)(2) of Public Law 106-386, for programs
authorized under Public Law 109-164, or programs
authorized under Public Law 113-4;
(4) $14,000,000 for economic, high technology, white
collar, and Internet crime prevention grants, including
as authorized by section 401 of Public Law 110-403, of
which $2,500,000 is for competitive grants that help
State and local law enforcement tackle intellectual
property thefts, and $2,000,000 for a competitive grant
program for training students in computer forensics and
digital investigation;
(5) $20,000,000 for sex offender management
assistance, as authorized by the Adam Walsh Act, and
related activities;
(6) $27,500,000 for the Patrick Leahy Bulletproof
Vest Partnership Grant Program, as authorized by
section 2501 of title I of the 1968 Act: Provided,
That $1,500,000 is transferred directly to the National
Institute of Standards and Technology's Office of Law
Enforcement Standards for research, testing and
evaluation programs;
(7) $1,000,000 for the National Sex Offender Public
Website;
(8) $78,290,000 for grants to States to upgrade
criminal and mental health records for the National
Instant Criminal Background Check System, of which no
less than $25,000,000 shall be for grants made under
the authorities of the NICS Improvement Amendments Act
of 2007 (Public Law 110-180) and Fix NICS Act of 2018;
(9) $30,000,000 for Paul Coverdell Forensic Sciences
Improvement Grants under part BB of title I of the 1968
Act;
(10) $132,000,000 for DNA-related and forensic
programs and activities, of which--
(A) $102,000,000 is for the purposes
authorized under section 2 of the DNA Analysis
Backlog Elimination Act of 2000 (Public Law
106-546) (the Debbie Smith DNA Backlog Grant
Program): Provided, That up to 4 percent of
funds made available under this paragraph may
be used for the purposes described in the DNA
Training and Education for Law Enforcement,
Correctional Personnel, and Court Officers
program (Public Law 108-405, section 303);
(B) $19,000,000 for other local, State, and
Federal forensic activities;
(C) $7,000,000 is for the purposes described
in the Kirk Bloodsworth Post-Conviction DNA
Testing Grant Program (Public Law 108-405,
section 412); and
(D) $4,000,000 is for Sexual Assault Forensic
Exam Program grants, including as authorized by
section 304 of Public Law 108-405;
(11) $48,000,000 for a grant program for community-
based sexual assault response reform;
(12) $12,000,000 for the court-appointed special
advocate program, as authorized by section 217 of the
1990 Act;
(13) $38,000,000 for assistance to Indian tribes;
(14) $90,000,000 for offender reentry programs and
research, as authorized by the Second Chance Act of
2007 (Public Law 110-199) and by the Second Chance
Reauthorization Act of 2018 (Public Law 115-391),
without regard to the time limitations specified at
section 6(1) of such Act, of which not to exceed
$6,000,000 is for a program to improve State, local,
and tribal probation or parole supervision efforts and
strategies, $5,000,000 is for Children of Incarcerated
Parents Demonstrations to enhance and maintain parental
and family relationships for incarcerated parents as a
reentry or recidivism reduction strategy, and
$4,500,000 is for additional replication sites
employing the Project HOPE Opportunity Probation with
Enforcement model implementing swift and certain
sanctions in probation, and for a research project on
the effectiveness of the model: Provided, That up to
$7,500,000 of funds made available in this paragraph
may be used for performance-based awards for Pay for
Success projects, of which up to $5,000,000 shall be
for Pay for Success programs implementing the Permanent
Supportive Housing Model;
(15) $67,500,000 for initiatives to improve police-
community relations, of which $22,500,000 is for a
competitive matching grant program for purchases of
body-worn cameras for State, local and Tribal law
enforcement, $28,000,000 is for a justice reinvestment
initiative, for activities related to criminal justice
reform and recidivism reduction, and $17,000,000 is for
an Edward Byrne Memorial criminal justice innovation
program;
(16) $378,000,000 for comprehensive opioid abuse
reduction activities, including as authorized by CARA,
and for the following programs, which shall address
opioid, stimulant, and substance abuse reduction
consistent with underlying program authorities--
(A) $80,000,000 for Drug Courts, as
authorized by section 1001(a)(25)(A) of title I
of the 1968 Act;
(B) $33,000,000 for mental health courts and
adult and juvenile collaboration program
grants, as authorized by parts V and HH of
title I of the 1968 Act, and the Mentally Ill
Offender Treatment and Crime Reduction
Reauthorization and Improvement Act of 2008
(Public Law 110-416);
(C) $31,000,000 for grants for Residential
Substance Abuse Treatment for State Prisoners,
as authorized by part S of title I of the 1968
Act;
(D) $23,000,000 for a veterans treatment
courts program;
(E) $31,000,000 for a program to monitor
prescription drugs and scheduled listed
chemical products; and
(F) $180,000,000 for a comprehensive opioid,
stimulant, and substance abuse program;
(17) $2,500,000 for a competitive grant program
authorized by the Keep Young Athletes Safe Act;
(18) $75,000,000 for grants to be administered by the
Bureau of Justice Assistance for purposes authorized
under the STOP School Violence Act; and
(19) $2,000,000 for grants to state and local law
enforcement agencies for the expenses associated with
the investigation and prosecution of criminal offenses,
involving civil rights, authorized by the Emmett Till
Unsolved Civil Rights Crimes Reauthorization Act of
2016 (Public Law 114-325):
Provided, That, if a unit of local government uses any of the
funds made available under this heading to increase the number
of law enforcement officers, the unit of local government will
achieve a net gain in the number of law enforcement officers
who perform non-administrative public sector safety service.
juvenile justice programs
For grants, contracts, cooperative agreements, and other
assistance authorized by the Juvenile Justice and Delinquency
Prevention Act of 1974 (``the 1974 Act''); the Omnibus Crime
Control and Safe Streets Act of 1968 (``the 1968 Act''); the
Violence Against Women and Department of Justice
Reauthorization Act of 2005 (Public Law 109-162) (``the 2005
Act''); the Missing Children's Assistance Act (34 U.S.C. 11291
et seq.); the Prosecutorial Remedies and Other Tools to end the
Exploitation of Children Today Act of 2003 (Public Law 108-21);
the Victims of Child Abuse Act of 1990 (Public Law 101-647)
(``the 1990 Act''); the Adam Walsh Child Protection and Safety
Act of 2006 (Public Law 109-248) (``the Adam Walsh Act''); the
PROTECT Our Children Act of 2008 (Public Law 110-401); the
Violence Against Women Reauthorization Act of 2013 (Public Law
113-4) (``the 2013 Act''); the Justice for All Reauthorization
Act of 2016 (Public Law 114-324); the Juvenile Justice Reform
Act of 2018 (Public Law 115-385); and other juvenile justice
programs, $320,000,000, to remain available until expended as
follows--
(1) $63,000,000 for programs authorized by section
221 of the 1974 Act, and for training and technical
assistance to assist small, nonprofit organizations
with the Federal grants process: Provided, That of the
amounts provided under this paragraph, $500,000 shall
be for a competitive demonstration grant program to
support emergency planning among State, local and
tribal juvenile justice residential facilities;
(2) $97,000,000 for youth mentoring grants;
(3) $42,000,000 for delinquency prevention, of which,
pursuant to sections 261 and 262 of the 1974 Act--
(A) $2,000,000 shall be for grants to prevent
trafficking of girls;
(B) $5,000,000 shall be for the Tribal Youth
Program;
(C) $500,000 shall be for an Internet site
providing information and resources on children
of incarcerated parents;
(D) $2,000,000 shall be for competitive
grants focusing on girls in the juvenile
justice system;
(E) $10,000,000 shall be for an opioid-
affected youth initiative; and
(F) $8,000,000 shall be for an initiative
relating to children exposed to violence;
(4) $27,000,000 for programs authorized by the
Victims of Child Abuse Act of 1990;
(5) $87,500,000 for missing and exploited children
programs, including as authorized by sections 404(b)
and 405(a) of the 1974 Act (except that section
102(b)(4)(B) of the PROTECT Our Children Act of 2008
(Public Law 110-401) shall not apply for purposes of
this Act); and
(6) $3,500,000 for child abuse training programs for
judicial personnel and practitioners, as authorized by
section 222 of the 1990 Act:
Provided, That not more than 10 percent of each amount may be
used for research, evaluation, and statistics activities
designed to benefit the programs or activities authorized:
Provided further, That not more than 2 percent of the amounts
designated under paragraphs (1) through (3) and (6) may be used
for training and technical assistance: Provided further, That
the two preceding provisos shall not apply to grants and
projects administered pursuant to sections 261 and 262 of the
1974 Act and to missing and exploited children programs.
public safety officer benefits
(including transfer of funds)
For payments and expenses authorized under section 1001(a)(4)
of title I of the Omnibus Crime Control and Safe Streets Act of
1968, such sums as are necessary (including amounts for
administrative costs), to remain available until expended; and
$24,800,000 for payments authorized by section 1201(b) of such
Act and for educational assistance authorized by section 1218
of such Act, to remain available until expended: Provided,
That notwithstanding section 205 of this Act, upon a
determination by the Attorney General that emergent
circumstances require additional funding for such disability
and education payments, the Attorney General may transfer such
amounts to ``Public Safety Officer Benefits'' from available
appropriations for the Department of Justice as may be
necessary to respond to such circumstances: Provided further,
That any transfer pursuant to the preceding proviso shall be
treated as a reprogramming under section 505 of this Act and
shall not be available for obligation or expenditure except in
compliance with the procedures set forth in that section.
Community Oriented Policing Services
community oriented policing services programs
(including transfer of funds)
For activities authorized by the Violent Crime Control and
Law Enforcement Act of 1994 (Public Law 103-322); the Omnibus
Crime Control and Safe Streets Act of 1968 (``the 1968 Act'');
the Violence Against Women and Department of Justice
Reauthorization Act of 2005 (Public Law 109-162) (``the 2005
Act''); the American Law Enforcement Heroes Act of 2017 (Public
Law 115-37); and the SUPPORT for Patients and Communities Act
(Public Law 115-271), $343,000,000, to remain available until
expended: Provided, That any balances made available through
prior year deobligations shall only be available in accordance
with section 505 of this Act: Provided further, That of the
amount provided under this heading--
(1) $235,000,000 is for grants under section 1701 of
title I of the 1968 Act (34 U.S.C. 10381) for the
hiring and rehiring of additional career law
enforcement officers under part Q of such title
notwithstanding subsection (i) of such section:
Provided, That, notwithstanding section 1704(c) of such
title (34 U.S.C. 10384(c)), funding for hiring or
rehiring a career law enforcement officer may not
exceed $125,000 unless the Director of the Office of
Community Oriented Policing Services grants a waiver
from this limitation: Provided further, That within
the amounts appropriated under this paragraph,
$27,000,000 is for improving tribal law enforcement,
including hiring, equipment, training, anti-
methamphetamine activities, and anti-opioid activities:
Provided further, That of the amounts appropriated
under this paragraph, $6,500,000 is for community
policing development activities in furtherance of the
purposes in section 1701: Provided further, That of
the amounts appropriated under this paragraph
$38,000,000 is for regional information sharing
activities, as authorized by part M of title I of the
1968 Act, which shall be transferred to and merged with
``Research, Evaluation, and Statistics'' for
administration by the Office of Justice Programs:
Provided further, That within the amounts appropriated
under this paragraph, no less than $3,000,000 is to
support the Tribal Access Program: Provided further,
That within the amounts appropriated under this
paragraph, $5,000,000 is for training, peer mentoring,
and mental health program activities as authorized
under the Law Enforcement Mental Health and Wellness
Act (Public Law 115-113);
(2) $10,000,000 is for activities authorized by the
POLICE Act of 2016 (Public Law 114-199);
(3) $13,000,000 is for competitive grants to State
law enforcement agencies in States with high seizures
of precursor chemicals, finished methamphetamine,
laboratories, and laboratory dump seizures: Provided,
That funds appropriated under this paragraph shall be
utilized for investigative purposes to locate or
investigate illicit activities, including precursor
diversion, laboratories, or methamphetamine
traffickers;
(4) $35,000,000 is for competitive grants to
statewide law enforcement agencies in States with high
rates of primary treatment admissions for heroin and
other opioids: Provided, That these funds shall be
utilized for investigative purposes to locate or
investigate illicit activities, including activities
related to the distribution of heroin or unlawful
distribution of prescription opioids, or unlawful
heroin and prescription opioid traffickers through
statewide collaboration; and
(5) $50,000,000 is for competitive grants to be
administered by the Community Oriented Policing
Services Office for purposes authorized under the STOP
School Violence Act (title V of division S of Public
Law 115-141).
General Provisions--Department of Justice
(including transfer of funds)
Sec. 201. In addition to amounts otherwise made available in
this title for official reception and representation expenses,
a total of not to exceed $50,000 from funds appropriated to the
Department of Justice in this title shall be available to the
Attorney General for official reception and representation
expenses.
Sec. 202. None of the funds appropriated by this title shall
be available to pay for an abortion, except where the life of
the mother would be endangered if the fetus were carried to
term, or in the case of rape or incest: Provided, That should
this prohibition be declared unconstitutional by a court of
competent jurisdiction, this section shall be null and void.
Sec. 203. None of the funds appropriated under this title
shall be used to require any person to perform, or facilitate
in any way the performance of, any abortion.
Sec. 204. Nothing in the preceding section shall remove the
obligation of the Director of the Bureau of Prisons to provide
escort services necessary for a female inmate to receive such
service outside the Federal facility: Provided, That nothing
in this section in any way diminishes the effect of section 203
intended to address the philosophical beliefs of individual
employees of the Bureau of Prisons.
Sec. 205. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of
Justice in this Act may be transferred between such
appropriations, but no such appropriation, except as otherwise
specifically provided, shall be increased by more than 10
percent by any such transfers: Provided, That any transfer
pursuant to this section shall be treated as a reprogramming of
funds under section 505 of this Act and shall not be available
for obligation except in compliance with the procedures set
forth in that section.
Sec. 206. None of the funds made available under this title
may be used by the Federal Bureau of Prisons or the United
States Marshals Service for the purpose of transporting an
individual who is a prisoner pursuant to conviction for crime
under State or Federal law and is classified as a maximum or
high security prisoner, other than to a prison or other
facility certified by the Federal Bureau of Prisons as
appropriately secure for housing such a prisoner.
Sec. 207. (a) None of the funds appropriated by this Act may
be used by Federal prisons to purchase cable television
services, or to rent or purchase audiovisual or electronic
media or equipment used primarily for recreational purposes.
(b) Subsection (a) does not preclude the rental, maintenance,
or purchase of audiovisual or electronic media or equipment for
inmate training, religious, or educational programs.
Sec. 208. None of the funds made available under this title
shall be obligated or expended for any new or enhanced
information technology program having total estimated
development costs in excess of $100,000,000, unless the Deputy
Attorney General and the investment review board certify to the
Committees on Appropriations of the House of Representatives
and the Senate that the information technology program has
appropriate program management controls and contractor
oversight mechanisms in place, and that the program is
compatible with the enterprise architecture of the Department
of Justice.
Sec. 209. The notification thresholds and procedures set
forth in section 505 of this Act shall apply to deviations from
the amounts designated for specific activities in this Act and
in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act), and to
any use of deobligated balances of funds provided under this
title in previous years.
Sec. 210. None of the funds appropriated by this Act may be
used to plan for, begin, continue, finish, process, or approve
a public-private competition under the Office of Management and
Budget Circular A-76 or any successor administrative
regulation, directive, or policy for work performed by
employees of the Bureau of Prisons or of Federal Prison
Industries, Incorporated.
Sec. 211. Notwithstanding any other provision of law, no
funds shall be available for the salary, benefits, or expenses
of any United States Attorney assigned dual or additional
responsibilities by the Attorney General or his designee that
exempt that United States Attorney from the residency
requirements of section 545 of title 28, United States Code.
Sec. 212. At the discretion of the Attorney General, and in
addition to any amounts that otherwise may be available (or
authorized to be made available) by law, with respect to funds
appropriated by this title under the headings ``Research,
Evaluation and Statistics'', ``State and Local Law Enforcement
Assistance'', and ``Juvenile Justice Programs''--
(1) up to 2 percent of funds made available to the
Office of Justice Programs for grant or reimbursement
programs may be used by such Office to provide training
and technical assistance; and
(2) up to 2 percent of funds made available for grant
or reimbursement programs under such headings, except
for amounts appropriated specifically for research,
evaluation, or statistical programs administered by the
National Institute of Justice and the Bureau of Justice
Statistics, shall be transferred to and merged with
funds provided to the National Institute of Justice and
the Bureau of Justice Statistics, to be used by them
for research, evaluation, or statistical purposes,
without regard to the authorizations for such grant or
reimbursement programs.
Sec. 213. Upon request by a grantee for whom the Attorney
General has determined there is a fiscal hardship, the Attorney
General may, with respect to funds appropriated in this or any
other Act making appropriations for fiscal years 2017 through
2020 for the following programs, waive the following
requirements:
(1) For the adult and juvenile offender State and
local reentry demonstration projects under part FF of
title I of the Omnibus Crime Control and Safe Streets
Act of 1968 (34 U.S.C. 10631 et seq.), the requirements
under section 2976(g)(1) of such part (34 U.S.C.
10631(g)(1)).
(2) For grants to protect inmates and safeguard
communities as authorized by section 6 of the Prison
Rape Elimination Act of 2003 (34 U.S.C. 30305(c)(3)),
the requirements of section 6(c)(3) of such Act.
Sec. 214. Notwithstanding any other provision of law,
section 20109(a) of subtitle A of title II of the Violent Crime
Control and Law Enforcement Act of 1994 (34 U.S.C. 12109(a))
shall not apply to amounts made available by this or any other
Act.
Sec. 215. None of the funds made available under this Act,
other than for the national instant criminal background check
system established under section 103 of the Brady Handgun
Violence Prevention Act (34 U.S.C. 40901), may be used by a
Federal law enforcement officer to facilitate the transfer of
an operable firearm to an individual if the Federal law
enforcement officer knows or suspects that the individual is an
agent of a drug cartel, unless law enforcement personnel of the
United States continuously monitor or control the firearm at
all times.
Sec. 216. (a) None of the income retained in the Department
of Justice Working Capital Fund pursuant to title I of Public
Law 102-140 (105 Stat. 784; 28 U.S.C. 527 note) shall be
available for obligation during fiscal year 2020, except up to
$12,000,000 may be obligated for implementation of a unified
Department of Justice financial management system.
(b) Not to exceed $30,000,000 of the unobligated balances
transferred to the capital account of the Department of Justice
Working Capital Fund pursuant to title I of Public Law 102-140
(105 Stat. 784; 28 U.S.C. 527 note) shall be available for
obligation in fiscal year 2020, and any use, obligation,
transfer or allocation of such funds shall be treated as a
reprogramming of funds under section 505 of this Act.
(c) Not to exceed $10,000,000 of the excess unobligated
balances available under section 524(c)(8)(E) of title 28,
United States Code, shall be available for obligation during
fiscal year 2020, and any use, obligation, transfer or
allocation of such funds shall be treated as a reprogramming of
funds under section 505 of this Act.
Sec. 217. Discretionary funds that are made available in
this Act for the Office of Justice Programs may be used to
participate in Performance Partnership Pilots authorized under
section 526 of division H of Public Law 113-76, section 524 of
division G of Public Law 113-235, section 525 of division H of
Public Law 114-113, and such authorities as are enacted for
Performance Partnership Pilots in an appropriations Act for
fiscal years 2019 and 2020.
Sec. 218. In this fiscal year and each fiscal year
thereafter, amounts credited to and made available in the
Department of Justice Working Capital Fund as an offsetting
collection pursuant to section 11013 of Public Law 107-273
shall be so credited and available only to the extent and in
such amounts as provided in advance in appropriations Acts:
Provided, That notwithstanding 31 U.S.C. 3302 or any other
statute affecting the crediting of collections, the Attorney
General may credit, as a discretionary offsetting collection,
to the Department of Justice Working Capital Fund, for fiscal
year 2020 and thereafter, up to three percent of all amounts
collected pursuant to civil debt collection litigation
activities of the Department of Justice; and such amounts so
credited in fiscal year 2020 and thereafter shall remain
available until expended, and shall be subject to the terms and
conditions of that fund: Provided further, That any such
amounts from the fund that the Attorney General determines are
necessary to pay, first, for the costs of processing and
tracking civil and criminal debt collection litigation
activities, and thereafter for financial systems and for debt-
collection-related personnel, administrative, and litigation
expenses, in fiscal year 2020 and thereafter, shall be
transferred to other appropriations accounts in the Department
of Justice for paying the costs of such activities, and shall
be in addition to any amounts otherwise made available for such
purposes in those appropriations accounts: Provided further,
That such transfer authority is in addition to any other
transfer authority provided by law: Provided further, That any
transfer of funds pursuant to this section shall be treated as
a reprogramming of funds under section 505 of this Act and
shall not be available for obligation except in compliance with
the procedures set forth in that section.
Sec. 219. Section 1930(a)(6)(B) of title 28, United States
Code, shall be applied for this fiscal year and next fiscal
year by substituting ``$300,000,000'' for ``$200,000,000''.
This title may be cited as the ``Department of Justice
Appropriations Act, 2020''.
TITLE III
SCIENCE
Office of Science and Technology Policy
For necessary expenses of the Office of Science and
Technology Policy, in carrying out the purposes of the National
Science and Technology Policy, Organization, and Priorities Act
of 1976 (42 U.S.C. 6601 et seq.), hire of passenger motor
vehicles, and services as authorized by section 3109 of title
5, United States Code, not to exceed $2,250 for official
reception and representation expenses, and rental of conference
rooms in the District of Columbia, $5,544,000.
National Space Council
For necessary expenses of the National Space Council, in
carrying out the purposes of Title V of Public Law 100-685 and
Executive Order 13803, hire of passenger motor vehicles, and
services as authorized by section 3109 of title 5, United
States Code, not to exceed $2,250 for official reception and
representation expenses, $1,965,000: Provided, That
notwithstanding any other provision of law, the National Space
Council may accept personnel support from Federal agencies,
departments, and offices, and such Federal agencies,
departments, and offices may detail staff without reimbursement
to the National Space Council for purposes provided herein.
National Aeronautics and Space Administration
science
For necessary expenses, not otherwise provided for, in the
conduct and support of science research and development
activities, including research, development, operations,
support, and services; maintenance and repair, facility
planning and design; space flight, spacecraft control, and
communications activities; program management; personnel and
related costs, including uniforms or allowances therefor, as
authorized by sections 5901 and 5902 of title 5, United States
Code; travel expenses; purchase and hire of passenger motor
vehicles; and purchase, lease, charter, maintenance, and
operation of mission and administrative aircraft,
$7,138,900,000, to remain available until September 30, 2021:
Provided, That, $1,971,800,000 shall be for Earth Science;
$2,713,400,000 shall be for Planetary Science; $1,306,200,000
shall be for Astrophysics; $423,000,000 shall be for the James
Webb Space Telescope; and $724,500,000 shall be for
Heliophysics: Provided further, That of the amounts provided,
$592,600,000 is for an orbiter to meet the science goals for
the Jupiter Europa mission as recommended in previous Planetary
Science Decadal surveys: Provided further, That the National
Aeronautics and Space Administration shall use the Space Launch
System as the launch vehicles for the Jupiter Europa missions,
plan for an orbiter launch no later than 2025 and a lander
launch no later than 2027, and include in the fiscal year 2021
budget the 5-year funding profile necessary to achieve these
goals.
aeronautics
For necessary expenses, not otherwise provided for, in the
conduct and support of aeronautics research and development
activities, including research, development, operations,
support, and services; maintenance and repair, facility
planning and design; space flight, spacecraft control, and
communications activities; program management; personnel and
related costs, including uniforms or allowances therefor, as
authorized by sections 5901 and 5902 of title 5, United States
Code; travel expenses; purchase and hire of passenger motor
vehicles; and purchase, lease, charter, maintenance, and
operation of mission and administrative aircraft, $783,900,000,
to remain available until September 30, 2021.
space technology
For necessary expenses, not otherwise provided for, in the
conduct and support of space technology research and
development activities, including research, development,
operations, support, and services; maintenance and repair,
facility planning and design; space flight, spacecraft control,
and communications activities; program management; personnel
and related costs, including uniforms or allowances therefor,
as authorized by sections 5901 and 5902 of title 5, United
States Code; travel expenses; purchase and hire of passenger
motor vehicles; and purchase, lease, charter, maintenance, and
operation of mission and administrative aircraft,
$1,100,000,000, to remain available until September 30, 2021:
Provided, That $227,200,000 shall be for RESTORE-L/SPace
Infrastructure DExterous Robot: Provided further, That
$110,000,000 shall be for the development and demonstration of
a nuclear thermal propulsion system, of which $80,000,000 shall
be for the design of a flight demonstration system: Provided
further, That, not later than 180 days after the enactment of
this Act, the National Aeronautics and Space Administration
(NASA) shall provide a plan for the design of a flight
demonstration.
exploration
For necessary expenses, not otherwise provided for, in the
conduct and support of exploration research and development
activities, including research, development, operations,
support, and services; maintenance and repair, facility
planning and design; space flight, spacecraft control, and
communications activities; program management; personnel and
related costs, including uniforms or allowances therefor, as
authorized by sections 5901 and 5902 of title 5, United States
Code; travel expenses; purchase and hire of passenger motor
vehicles; and purchase, lease, charter, maintenance, and
operation of mission and administrative aircraft,
$6,017,600,000, to remain available until September 30, 2021:
Provided, That not less than $1,406,700,000 shall be for the
Orion Multi-Purpose Crew Vehicle: Provided further, That not
less than $2,585,900,000 shall be for the Space Launch System
(SLS) launch vehicle, which shall have a lift capability not
less than 130 metric tons and which shall have core elements
and an Exploration Upper Stage developed simultaneously to be
used to the maximum extent practicable, including for Earth to
Moon missions and a Moon landing: Provided further, That of
the amounts provided for SLS, not less than $300,000,000 shall
be for Exploration Upper Stage development: Provided further,
That $590,000,000 shall be for Exploration Ground Systems:
Provided further, That the National Aeronautics and Space
Administration shall provide to the Committees on
Appropriations of the House of Representatives and the Senate,
concurrent with the annual budget submission, a 5-year budget
profile for an integrated system that includes the SLS, the
Orion Multi-Purpose Crew Vehicle, and associated ground systems
that will ensure an Exploration Mission-2 crewed launch as
early as possible, as well as a system-based funding profile
for a sustained launch cadence beyond the initial crewed test
launch: Provided further, That $1,435,000,000 shall be for
exploration research and development.
space operations
For necessary expenses, not otherwise provided for, in the
conduct and support of space operations research and
development activities, including research, development,
operations, support and services; space flight, spacecraft
control and communications activities, including operations,
production, and services; maintenance and repair, facility
planning and design; program management; personnel and related
costs, including uniforms or allowances therefor, as authorized
by sections 5901 and 5902 of title 5, United States Code;
travel expenses; purchase and hire of passenger motor vehicles;
and purchase, lease, charter, maintenance and operation of
mission and administrative aircraft, $4,140,200,000, to remain
available until September 30, 2021.
science, technology, engineering, and mathematics engagement
For necessary expenses, not otherwise provided for, in the
conduct and support of aerospace and aeronautical education
research and development activities, including research,
development, operations, support, and services; program
management; personnel and related costs, including uniforms or
allowances therefor, as authorized by sections 5901 and 5902 of
title 5, United States Code; travel expenses; purchase and hire
of passenger motor vehicles; and purchase, lease, charter,
maintenance, and operation of mission and administrative
aircraft, $120,000,000, to remain available until September 30,
2021, of which $24,000,000 shall be for the Established Program
to Stimulate Competitive Research and $48,000,000 shall be for
the National Space Grant College and Fellowship Program.
safety, security and mission services
For necessary expenses, not otherwise provided for, in the
conduct and support of science, aeronautics, space technology,
exploration, space operations and education research and
development activities, including research, development,
operations, support, and services; maintenance and repair,
facility planning and design; space flight, spacecraft control,
and communications activities; program management; personnel
and related costs, including uniforms or allowances therefor,
as authorized by sections 5901 and 5902 of title 5, United
States Code; travel expenses; purchase and hire of passenger
motor vehicles; not to exceed $63,000 for official reception
and representation expenses; and purchase, lease, charter,
maintenance, and operation of mission and administrative
aircraft, $2,913,300,000, to remain available until September
30, 2021.
construction and environmental compliance and restoration
For necessary expenses for construction of facilities
including repair, rehabilitation, revitalization, and
modification of facilities, construction of new facilities and
additions to existing facilities, facility planning and design,
and restoration, and acquisition or condemnation of real
property, as authorized by law, and environmental compliance
and restoration, $373,400,000, to remain available until
September 30, 2025: Provided, That proceeds from leases
deposited into this account shall be available for a period of
5 years to the extent and in amounts as provided in annual
appropriations Acts: Provided further, That such proceeds
referred to in the preceding proviso shall be available for
obligation for fiscal year 2020 in an amount not to exceed
$17,000,000: Provided further, That each annual budget request
shall include an annual estimate of gross receipts and
collections and proposed use of all funds collected pursuant to
section 20145 of title 51, United States Code.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, $41,700,000, of
which $500,000 shall remain available until September 30, 2021.
administrative provisions
(including transfers of funds)
Funds for any announced prize otherwise authorized shall
remain available, without fiscal year limitation, until a prize
is claimed or the offer is withdrawn.
Not to exceed 5 percent of any appropriation made available
for the current fiscal year for the National Aeronautics and
Space Administration in this Act may be transferred between
such appropriations, but no such appropriation, except as
otherwise specifically provided, shall be increased by more
than 10 percent by any such transfers. Any funds transferred to
``Construction and Environmental Compliance and Restoration''
for construction activities shall not increase that account by
more than $75,300,000. Balances so transferred shall be merged
with and available for the same purposes and the same time
period as the appropriations to which transferred. Any transfer
pursuant to this provision shall be treated as a reprogramming
of funds under section 505 of this Act and shall not be
available for obligation except in compliance with the
procedures set forth in that section.
Not to exceed 5 percent of any appropriation provided for the
National Aeronautics and Space Administration under previous
appropriations Acts that remains available for obligation or
expenditure in fiscal year 2020 may be transferred between such
appropriations, but no such appropriation, except as otherwise
specifically provided, shall be increased by more than 10
percent by any such transfers. Any transfer pursuant to this
provision shall retain its original availability and shall be
treated as a reprogramming of funds under section 505 of this
Act and shall not be available for obligation except in
compliance with the procedures set forth in that section.
The spending plan required by this Act shall be provided by
NASA at the theme, program, project and activity level. The
spending plan, as well as any subsequent change of an amount
established in that spending plan that meets the notification
requirements of section 505 of this Act, shall be treated as a
reprogramming under section 505 of this Act and shall not be
available for obligation or expenditure except in compliance
with the procedures set forth in that section.
Not more than 40 percent of the amounts made available in
this Act for the Gateway; Advanced Cislunar and Surface
Capabilities; Commercial LEO Development; and Lunar Discovery
and Exploration, excluding the Lunar Reconnaissance Orbiter,
may be obligated until the Administrator submits a multi-year
plan to the Committees on Appropriations of the House of
Representatives and the Senate that identifies estimated dates,
by fiscal year, for Space Launch System flights to build the
Gateway; the commencement of partnerships with commercial
entities for additional LEO missions to land humans and rovers
on the Moon; and conducting additional scientific activities on
the Moon. The multi-year plan shall include key milestones to
be met by fiscal year to achieve goals for each of the lunar
programs described in the previous sentence and funding
required by fiscal year to achieve such milestones.
National Science Foundation
research and related activities
For necessary expenses in carrying out the National Science
Foundation Act of 1950 (42 U.S.C. 1861 et seq.), and Public Law
86-209 (42 U.S.C. 1880 et seq.); services as authorized by
section 3109 of title 5, United States Code; maintenance and
operation of aircraft and purchase of flight services for
research support; acquisition of aircraft; and authorized
travel; $6,737,200,000, to remain available until September 30,
2021, of which not to exceed $500,000,000 shall remain
available until expended for polar research and operations
support, and for reimbursement to other Federal agencies for
operational and science support and logistical and other
related activities for the United States Antarctic program:
Provided, That receipts for scientific support services and
materials furnished by the National Research Centers and other
National Science Foundation supported research facilities may
be credited to this appropriation.
major research equipment and facilities construction
For necessary expenses for the acquisition, construction,
commissioning, and upgrading of major research equipment,
facilities, and other such capital assets pursuant to the
National Science Foundation Act of 1950 (42 U.S.C. 1861 et
seq.), including authorized travel, $243,230,000, to remain
available until expended.
education and human resources
For necessary expenses in carrying out science, mathematics
and engineering education and human resources programs and
activities pursuant to the National Science Foundation Act of
1950 (42 U.S.C. 1861 et seq.), including services as authorized
by section 3109 of title 5, United States Code, authorized
travel, and rental of conference rooms in the District of
Columbia, $940,000,000, to remain available until September 30,
2021.
agency operations and award management
For agency operations and award management necessary in
carrying out the National Science Foundation Act of 1950 (42
U.S.C. 1861 et seq.); services authorized by section 3109 of
title 5, United States Code; hire of passenger motor vehicles;
uniforms or allowances therefor, as authorized by sections 5901
and 5902 of title 5, United States Code; rental of conference
rooms in the District of Columbia; and reimbursement of the
Department of Homeland Security for security guard services;
$336,900,000: Provided, That not to exceed $8,280 is for
official reception and representation expenses: Provided
further, That contracts may be entered into under this heading
in fiscal year 2020 for maintenance and operation of facilities
and for other services to be provided during the next fiscal
year.
office of the national science board
For necessary expenses (including payment of salaries,
authorized travel, hire of passenger motor vehicles, the rental
of conference rooms in the District of Columbia, and the
employment of experts and consultants under section 3109 of
title 5, United States Code) involved in carrying out section 4
of the National Science Foundation Act of 1950 (42 U.S.C. 1863)
and Public Law 86-209 (42 U.S.C. 1880 et seq.), $4,500,000:
Provided, That not to exceed $2,500 shall be available for
official reception and representation expenses.
office of inspector general
For necessary expenses of the Office of Inspector General as
authorized by the Inspector General Act of 1978, $16,500,000,
of which $400,000 shall remain available until September 30,
2021.
administrative provisions
(including transfer of funds)
Not to exceed 5 percent of any appropriation made available
for the current fiscal year for the National Science Foundation
in this Act may be transferred between such appropriations, but
no such appropriation shall be increased by more than 10
percent by any such transfers. Any transfer pursuant to this
paragraph shall be treated as a reprogramming of funds under
section 505 of this Act and shall not be available for
obligation except in compliance with the procedures set forth
in that section.
The Director of the National Science Foundation (NSF) shall
notify the Committees on Appropriations of the House of
Representatives and the Senate at least 30 days in advance of
any planned divestment through transfer, decommissioning,
termination, or deconstruction of any NSF-owned facilities or
any NSF capital assets (including land, structures, and
equipment) valued greater than $2,500,000.
This title may be cited as the ``Science Appropriations Act,
2020''.
TITLE IV
RELATED AGENCIES
Commission on Civil Rights
salaries and expenses
For necessary expenses of the Commission on Civil Rights,
including hire of passenger motor vehicles, $10,500,000:
Provided, That none of the funds appropriated in this paragraph
may be used to employ any individuals under Schedule C of
subpart C of part 213 of title 5 of the Code of Federal
Regulations exclusive of one special assistant for each
Commissioner: Provided further, That none of the funds
appropriated in this paragraph shall be used to reimburse
Commissioners for more than 75 billable days, with the
exception of the chairperson, who is permitted 125 billable
days: Provided further, That the Chair may accept and use any
gift or donation to carry out the work of the Commission:
Provided further, That none of the funds appropriated in this
paragraph shall be used for any activity or expense that is not
explicitly authorized by section 3 of the Civil Rights
Commission Act of 1983 (42 U.S.C. 1975a).
Equal Employment Opportunity Commission
salaries and expenses
For necessary expenses of the Equal Employment Opportunity
Commission as authorized by title VII of the Civil Rights Act
of 1964, the Age Discrimination in Employment Act of 1967, the
Equal Pay Act of 1963, the Americans with Disabilities Act of
1990, section 501 of the Rehabilitation Act of 1973, the Civil
Rights Act of 1991, the Genetic Information Nondiscrimination
Act (GINA) of 2008 (Public Law 110-233), the ADA Amendments Act
of 2008 (Public Law 110-325), and the Lilly Ledbetter Fair Pay
Act of 2009 (Public Law 111-2), including services as
authorized by section 3109 of title 5, United States Code; hire
of passenger motor vehicles as authorized by section 1343(b) of
title 31, United States Code; nonmonetary awards to private
citizens; and up to $30,500,000 for payments to State and local
enforcement agencies for authorized services to the Commission,
$389,500,000: Provided, That the Commission is authorized to
make available for official reception and representation
expenses not to exceed $2,250 from available funds: Provided
further, That the Commission may take no action to implement
any workforce repositioning, restructuring, or reorganization
until such time as the Committees on Appropriations of the
House of Representatives and the Senate have been notified of
such proposals, in accordance with the reprogramming
requirements of section 505 of this Act: Provided further,
That the Chair may accept and use any gift or donation to carry
out the work of the Commission.
International Trade Commission
salaries and expenses
For necessary expenses of the International Trade Commission,
including hire of passenger motor vehicles and services as
authorized by section 3109 of title 5, United States Code, and
not to exceed $2,250 for official reception and representation
expenses, $99,400,000, to remain available until expended.
Legal Services Corporation
payment to the legal services corporation
For payment to the Legal Services Corporation to carry out
the purposes of the Legal Services Corporation Act of 1974,
$440,000,000, of which $402,700,000 is for basic field programs
and required independent audits; $5,300,000 is for the Office
of Inspector General, of which such amounts as may be necessary
may be used to conduct additional audits of recipients;
$22,000,000 is for management and grants oversight; $4,000,000
is for client self-help and information technology; $4,500,000
is for a Pro Bono Innovation Fund; and $1,500,000 is for loan
repayment assistance: Provided, That the Legal Services
Corporation may continue to provide locality pay to officers
and employees at a rate no greater than that provided by the
Federal Government to Washington, DC-based employees as
authorized by section 5304 of title 5, United States Code,
notwithstanding section 1005(d) of the Legal Services
Corporation Act (42 U.S.C. 2996d(d)): Provided further, That
the authorities provided in section 205 of this Act shall be
applicable to the Legal Services Corporation: Provided
further, That, for the purposes of section 505 of this Act, the
Legal Services Corporation shall be considered an agency of the
United States Government.
administrative provision--legal services corporation
None of the funds appropriated in this Act to the Legal
Services Corporation shall be expended for any purpose
prohibited or limited by, or contrary to any of the provisions
of, sections 501, 502, 503, 504, 505, and 506 of Public Law
105-119, and all funds appropriated in this Act to the Legal
Services Corporation shall be subject to the same terms and
conditions set forth in such sections, except that all
references in sections 502 and 503 to 1997 and 1998 shall be
deemed to refer instead to 2019 and 2020, respectively.
Marine Mammal Commission
salaries and expenses
For necessary expenses of the Marine Mammal Commission as
authorized by title II of the Marine Mammal Protection Act of
1972 (16 U.S.C. 1361 et seq.), $3,616,000.
Office of the United States Trade Representative
salaries and expenses
For necessary expenses of the Office of the United States
Trade Representative, including the hire of passenger motor
vehicles and the employment of experts and consultants as
authorized by section 3109 of title 5, United States Code,
$54,000,000, of which $1,000,000 shall remain available until
expended: Provided, That of the total amount made available
under this heading, not to exceed $124,000 shall be available
for official reception and representation expenses.
trade enforcement trust fund
(including transfer of funds)
For activities of the United States Trade Representative
authorized by section 611 of the Trade Facilitation and Trade
Enforcement Act of 2015 (19 U.S.C. 4405), including transfers,
$15,000,000, to be derived from the Trade Enforcement Trust
Fund: Provided, That any transfer pursuant to subsection
(d)(1) of such section shall be treated as a reprogramming
under section 505 of this Act.
State Justice Institute
salaries and expenses
For necessary expenses of the State Justice Institute, as
authorized by the State Justice Institute Act of 1984 (42
U.S.C. 10701 et seq.) $6,555,000, of which $500,000 shall
remain available until September 30, 2021: Provided, That not
to exceed $2,250 shall be available for official reception and
representation expenses: Provided further, That, for the
purposes of section 505 of this Act, the State Justice
Institute shall be considered an agency of the United States
Government.
TITLE V
GENERAL PROVISIONS
(including rescissions)
(including transfer of funds)
Sec. 501. No part of any appropriation contained in this Act
shall be used for publicity or propaganda purposes not
authorized by the Congress.
Sec. 502. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal
year unless expressly so provided herein.
Sec. 503. The expenditure of any appropriation under this
Act for any consulting service through procurement contract,
pursuant to section 3109 of title 5, United States Code, shall
be limited to those contracts where such expenditures are a
matter of public record and available for public inspection,
except where otherwise provided under existing law, or under
existing Executive order issued pursuant to existing law.
Sec. 504. If any provision of this Act or the application of
such provision to any person or circumstances shall be held
invalid, the remainder of the Act and the application of each
provision to persons or circumstances other than those as to
which it is held invalid shall not be affected thereby.
Sec. 505. None of the funds provided under this Act, or
provided under previous appropriations Acts to the agencies
funded by this Act that remain available for obligation or
expenditure in fiscal year 2020, or provided from any accounts
in the Treasury of the United States derived by the collection
of fees available to the agencies funded by this Act, shall be
available for obligation or expenditure through a reprogramming
of funds that: (1) creates or initiates a new program, project,
or activity; (2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for any project
or activity for which funds have been denied or restricted; (4)
relocates an office or employees; (5) reorganizes or renames
offices, programs, or activities; (6) contracts out or
privatizes any functions or activities presently performed by
Federal employees; (7) augments existing programs, projects, or
activities in excess of $500,000 or 10 percent, whichever is
less, or reduces by 10 percent funding for any program,
project, or activity, or numbers of personnel by 10 percent; or
(8) results from any general savings, including savings from a
reduction in personnel, which would result in a change in
existing programs, projects, or activities as approved by
Congress; unless the House and Senate Committees on
Appropriations are notified 15 days in advance of such
reprogramming of funds.
Sec. 506. (a) If it has been finally determined by a court or
Federal agency that any person intentionally affixed a label
bearing a ``Made in America'' inscription, or any inscription
with the same meaning, to any product sold in or shipped to the
United States that is not made in the United States, the person
shall be ineligible to receive any contract or subcontract made
with funds made available in this Act, pursuant to the
debarment, suspension, and ineligibility procedures described
in sections 9.400 through 9.409 of title 48, Code of Federal
Regulations.
(b)(1) To the extent practicable, with respect to authorized
purchases of promotional items, funds made available by this
Act shall be used to purchase items that are manufactured,
produced, or assembled in the United States, its territories or
possessions.
(2) The term ``promotional items'' has the meaning given the
term in OMB Circular A-87, Attachment B, Item (1)(f)(3).
Sec. 507. (a) The Departments of Commerce and Justice, the
National Science Foundation, and the National Aeronautics and
Space Administration shall provide to the Committees on
Appropriations of the House of Representatives and the Senate a
quarterly report on the status of balances of appropriations at
the account level. For unobligated, uncommitted balances and
unobligated, committed balances the quarterly reports shall
separately identify the amounts attributable to each source
year of appropriation from which the balances were derived. For
balances that are obligated, but unexpended, the quarterly
reports shall separately identify amounts by the year of
obligation.
(b) The report described in subsection (a) shall be submitted
within 30 days of the end of each quarter.
(c) If a department or agency is unable to fulfill any aspect
of a reporting requirement described in subsection (a) due to a
limitation of a current accounting system, the department or
agency shall fulfill such aspect to the maximum extent
practicable under such accounting system and shall identify and
describe in each quarterly report the extent to which such
aspect is not fulfilled.
Sec. 508. Any costs incurred by a department or agency
funded under this Act resulting from, or to prevent, personnel
actions taken in response to funding reductions included in
this Act shall be absorbed within the total budgetary resources
available to such department or agency: Provided, That the
authority to transfer funds between appropriations accounts as
may be necessary to carry out this section is provided in
addition to authorities included elsewhere in this Act:
Provided further, That use of funds to carry out this section
shall be treated as a reprogramming of funds under section 505
of this Act and shall not be available for obligation or
expenditure except in compliance with the procedures set forth
in that section: Provided further, That for the Department of
Commerce, this section shall also apply to actions taken for
the care and protection of loan collateral or grant property.
Sec. 509. None of the funds provided by this Act shall be
available to promote the sale or export of tobacco or tobacco
products, or to seek the reduction or removal by any foreign
country of restrictions on the marketing of tobacco or tobacco
products, except for restrictions which are not applied equally
to all tobacco or tobacco products of the same type.
Sec. 510. Notwithstanding any other provision of law,
amounts deposited or available in the Fund established by
section 1402 of chapter XIV of title II of Public Law 98-473
(34 U.S.C. 20101) in any fiscal year in excess of
$2,641,000,000 shall not be available for obligation until the
following fiscal year: Provided, That notwithstanding section
1402(d) of such Act, of the amounts available from the Fund for
obligation: (1) $10,000,000 shall be transferred to the
Department of Justice Office of Inspector General and remain
available until expended for oversight and auditing purposes
associated with this section; and (2) 5 percent shall be
available to the Office for Victims of Crime for grants,
consistent with the requirements of the Victims of Crime Act,
to Indian tribes to improve services for victims of crime.
Sec. 511. None of the funds made available to the Department
of Justice in this Act may be used to discriminate against or
denigrate the religious or moral beliefs of students who
participate in programs for which financial assistance is
provided from those funds, or of the parents or legal guardians
of such students.
Sec. 512. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality of
the United States Government, except pursuant to a transfer
made by, or transfer authority provided in, this Act or any
other appropriations Act.
Sec. 513. (a) The Inspectors General of the Department of
Commerce, the Department of Justice, the National Aeronautics
and Space Administration, the National Science Foundation, and
the Legal Services Corporation shall conduct audits, pursuant
to the Inspector General Act (5 U.S.C. App.), of grants or
contracts for which funds are appropriated by this Act, and
shall submit reports to Congress on the progress of such
audits, which may include preliminary findings and a
description of areas of particular interest, within 180 days
after initiating such an audit and every 180 days thereafter
until any such audit is completed.
(b) Within 60 days after the date on which an audit described
in subsection (a) by an Inspector General is completed, the
Secretary, Attorney General, Administrator, Director, or
President, as appropriate, shall make the results of the audit
available to the public on the Internet website maintained by
the Department, Administration, Foundation, or Corporation,
respectively. The results shall be made available in redacted
form to exclude--
(1) any matter described in section 552(b) of title
5, United States Code; and
(2) sensitive personal information for any
individual, the public access to which could be used to
commit identity theft or for other inappropriate or
unlawful purposes.
(c) Any person awarded a grant or contract funded by amounts
appropriated by this Act shall submit a statement to the
Secretary of Commerce, the Attorney General, the Administrator,
Director, or President, as appropriate, certifying that no
funds derived from the grant or contract will be made available
through a subcontract or in any other manner to another person
who has a financial interest in the person awarded the grant or
contract.
(d) The provisions of the preceding subsections of this
section shall take effect 30 days after the date on which the
Director of the Office of Management and Budget, in
consultation with the Director of the Office of Government
Ethics, determines that a uniform set of rules and
requirements, substantially similar to the requirements in such
subsections, consistently apply under the executive branch
ethics program to all Federal departments, agencies, and
entities.
Sec. 514. (a) None of the funds appropriated or otherwise
made available under this Act may be used by the Departments of
Commerce and Justice, the National Aeronautics and Space
Administration, or the National Science Foundation to acquire a
high-impact or moderate-impact information system, as defined
for security categorization in the National Institute of
Standards and Technology's (NIST) Federal Information
Processing Standard Publication 199, ``Standards for Security
Categorization of Federal Information and Information Systems''
unless the agency has--
(1) reviewed the supply chain risk for the
information systems against criteria developed by NIST
and the Federal Bureau of Investigation (FBI) to inform
acquisition decisions for high-impact and moderate-
impact information systems within the Federal
Government;
(2) reviewed the supply chain risk from the
presumptive awardee against available and relevant
threat information provided by the FBI and other
appropriate agencies; and
(3) in consultation with the FBI or other appropriate
Federal entity, conducted an assessment of any risk of
cyber-espionage or sabotage associated with the
acquisition of such system, including any risk
associated with such system being produced,
manufactured, or assembled by one or more entities
identified by the United States Government as posing a
cyber threat, including but not limited to, those that
may be owned, directed, or subsidized by the People's
Republic of China, the Islamic Republic of Iran, the
Democratic People's Republic of Korea, or the Russian
Federation.
(b) None of the funds appropriated or otherwise made
available under this Act may be used to acquire a high-impact
or moderate-impact information system reviewed and assessed
under subsection (a) unless the head of the assessing entity
described in subsection (a) has--
(1) developed, in consultation with NIST, the FBI,
and supply chain risk management experts, a mitigation
strategy for any identified risks;
(2) determined, in consultation with NIST and the
FBI, that the acquisition of such system is in the
national interest of the United States; and
(3) reported that determination to the Committees on
Appropriations of the House of Representatives and the
Senate and the agency Inspector General.
Sec. 515. None of the funds made available in this Act shall
be used in any way whatsoever to support or justify the use of
torture by any official or contract employee of the United
States Government.
Sec. 516. None of the funds made available in this Act may
be used to include in any new bilateral or multilateral trade
agreement the text of--
(1) paragraph 2 of article 16.7 of the United States-
Singapore Free Trade Agreement;
(2) paragraph 4 of article 17.9 of the United States-
Australia Free Trade Agreement; or
(3) paragraph 4 of article 15.9 of the United States-
Morocco Free Trade Agreement.
Sec. 517. None of the funds made available in this Act may
be used to authorize or issue a national security letter in
contravention of any of the following laws authorizing the
Federal Bureau of Investigation to issue national security
letters: The Right to Financial Privacy Act of 1978; The
Electronic Communications Privacy Act of 1986; The Fair Credit
Reporting Act; The National Security Act of 1947; USA PATRIOT
Act; USA FREEDOM Act of 2015; and the laws amended by these
Acts.
Sec. 518. If at any time during any quarter, the program
manager of a project within the jurisdiction of the Departments
of Commerce or Justice, the National Aeronautics and Space
Administration, or the National Science Foundation totaling
more than $75,000,000 has reasonable cause to believe that the
total program cost has increased by 10 percent or more, the
program manager shall immediately inform the respective
Secretary, Administrator, or Director. The Secretary,
Administrator, or Director shall notify the House and Senate
Committees on Appropriations within 30 days in writing of such
increase, and shall include in such notice: the date on which
such determination was made; a statement of the reasons for
such increases; the action taken and proposed to be taken to
control future cost growth of the project; changes made in the
performance or schedule milestones and the degree to which such
changes have contributed to the increase in total program costs
or procurement costs; new estimates of the total project or
procurement costs; and a statement validating that the
project's management structure is adequate to control total
project or procurement costs.
Sec. 519. Funds appropriated by this Act, or made available
by the transfer of funds in this Act, for intelligence or
intelligence related activities are deemed to be specifically
authorized by the Congress for purposes of section 504 of the
National Security Act of 1947 (50 U.S.C. 3094) during fiscal
year 2020 until the enactment of the Intelligence Authorization
Act for fiscal year 2020.
Sec. 520. None of the funds appropriated or otherwise made
available by this Act may be used to enter into a contract in
an amount greater than $5,000,000 or to award a grant in excess
of such amount unless the prospective contractor or grantee
certifies in writing to the agency awarding the contract or
grant that, to the best of its knowledge and belief, the
contractor or grantee has filed all Federal tax returns
required during the three years preceding the certification,
has not been convicted of a criminal offense under the Internal
Revenue Code of 1986, and has not, more than 90 days prior to
certification, been notified of any unpaid Federal tax
assessment for which the liability remains unsatisfied, unless
the assessment is the subject of an installment agreement or
offer in compromise that has been approved by the Internal
Revenue Service and is not in default, or the assessment is the
subject of a non-frivolous administrative or judicial
proceeding.
(rescissions)
Sec. 521. (a) Of the unobligated balances from prior year
appropriations available to the Department of Commerce, the
following funds are hereby rescinded, not later than September
30, 2020, from the following accounts in the specified
amounts--
(1) ``Economic Development Administration, Economic
Development Assistance Programs'', $17,000,000; and
(2) ``National Oceanic and Atmospheric
Administration, Fisheries Enforcement Asset Forfeiture
Fund'', $5,000,000.
(b) Of the unobligated balances available to the Department
of Justice, the following funds are hereby rescinded, not later
than September 30, 2020, from the following accounts in the
specified amounts--
(1) ``Working Capital Fund'', $107,000,000;
(2) ``Federal Bureau of Investigation, Salaries and
Expenses'', $71,974,000 including from, but not limited
to, fees collected to defray expenses for the
automation of fingerprint identification and criminal
justice information services and associated costs;
(3) ``Drug Enforcement Administration, Salaries and
Expenses'', $10,000,000;
(4) ``State and Local Law Enforcement Activities,
Office of Justice Programs'', $70,000,000; and
(5) ``State and Local Law Enforcement Activities,
Community Oriented Policing Services'', $13,000,000.
(c) Of the unobligated balances available to the National
Aeronautics and Space Administration from prior year
appropriations under the heading ``Science'', $70,000,000 is
hereby rescinded.
(d) The Departments of Commerce and Justice and the National
Aeronautics and Space Administration shall submit to the
Committees on Appropriations of the House of Representatives
and the Senate a report no later than September 1, 2020,
specifying the amount of each rescission made pursuant to
subsections (a), (b), and (c).
(e) The amounts rescinded in subsections (a), (b), and (c)
shall not be from amounts that were designated by the Congress
as an emergency or disaster relief requirement pursuant to the
concurrent resolution on the budget or the Balanced Budget and
Emergency Deficit Control Act of 1985.
Sec. 522. None of the funds made available in this Act may
be used to purchase first class or premium airline travel in
contravention of sections 301-10.122 through 301-10.124 of
title 41 of the Code of Federal Regulations.
Sec. 523. None of the funds made available in this Act may
be used to send or otherwise pay for the attendance of more
than 50 employees from a Federal department or agency, who are
stationed in the United States, at any single conference
occurring outside the United States unless--
(1) such conference is a law enforcement training or
operational conference for law enforcement personnel
and the majority of Federal employees in attendance are
law enforcement personnel stationed outside the United
States; or
(2) such conference is a scientific conference and
the department or agency head determines that such
attendance is in the national interest and notifies the
Committees on Appropriations of the House of
Representatives and the Senate within at least 15 days
of that determination and the basis for that
determination.
Sec. 524. The Director of the Office of Management and
Budget shall instruct any department, agency, or
instrumentality of the United States receiving funds
appropriated under this Act to track undisbursed balances in
expired grant accounts and include in its annual performance
plan and performance and accountability reports the following:
(1) Details on future action the department, agency,
or instrumentality will take to resolve undisbursed
balances in expired grant accounts.
(2) The method that the department, agency, or
instrumentality uses to track undisbursed balances in
expired grant accounts.
(3) Identification of undisbursed balances in expired
grant accounts that may be returned to the Treasury of
the United States.
(4) In the preceding 3 fiscal years, details on the
total number of expired grant accounts with undisbursed
balances (on the first day of each fiscal year) for the
department, agency, or instrumentality and the total
finances that have not been obligated to a specific
project remaining in the accounts.
Sec. 525. To the extent practicable, funds made available in
this Act should be used to purchase light bulbs that are
``Energy Star'' qualified or have the ``Federal Energy
Management Program'' designation.
Sec. 526. (a) None of the funds made available by this Act
may be used for the National Aeronautics and Space
Administration (NASA), the Office of Science and Technology
Policy (OSTP), or the National Space Council (NSC) to develop,
design, plan, promulgate, implement, or execute a bilateral
policy, program, order, or contract of any kind to participate,
collaborate, or coordinate bilaterally in any way with China or
any Chinese-owned company unless such activities are
specifically authorized by a law enacted after the date of
enactment of this Act.
(b) None of the funds made available by this Act may be used
to effectuate the hosting of official Chinese visitors at
facilities belonging to or utilized by NASA.
(c) The limitations described in subsections (a) and (b)
shall not apply to activities which NASA, OSTP, or NSC, after
consultation with the Federal Bureau of Investigation, have
certified--
(1) pose no risk of resulting in the transfer of
technology, data, or other information with national
security or economic security implications to China or
a Chinese-owned company; and
(2) will not involve knowing interactions with
officials who have been determined by the United States
to have direct involvement with violations of human
rights.
(d) Any certification made under subsection (c) shall be
submitted to the Committees on Appropriations of the House of
Representatives and the Senate, and the Federal Bureau of
Investigation, no later than 30 days prior to the activity in
question and shall include a description of the purpose of the
activity, its agenda, its major participants, and its location
and timing.
Sec. 527. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network unless
such network blocks the viewing, downloading, and exchanging of
pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law
enforcement agency or any other entity carrying out criminal
investigations, prosecution, adjudication, or other law
enforcement- or victim assistance-related activity.
Sec. 528. The Departments of Commerce and Justice, the
National Aeronautics and Space Administration, the National
Science Foundation, the Commission on Civil Rights, the Equal
Employment Opportunity Commission, the International Trade
Commission, the Legal Services Corporation, the Marine Mammal
Commission, the Offices of Science and Technology Policy and
the United States Trade Representative, the National Space
Council, and the State Justice Institute shall submit spending
plans, signed by the respective department or agency head, to
the Committees on Appropriations of the House of
Representatives and the Senate within 45 days after the date of
enactment of this Act.
Sec. 529. Notwithstanding any other provision of this Act,
none of the funds appropriated or otherwise made available by
this Act may be used to pay award or incentive fees for
contractor performance that has been judged to be below
satisfactory performance or for performance that does not meet
the basic requirements of a contract.
Sec. 530. None of the funds made available by this Act may
be used in contravention of section 7606 (``Legitimacy of
Industrial Hemp Research'') of the Agricultural Act of 2014
(Public Law 113-79) by the Department of Justice or the Drug
Enforcement Administration.
Sec. 531. None of the funds made available under this Act to
the Department of Justice may be used, with respect to any of
the States of Alabama, Alaska, Arizona, Arkansas, California,
Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii,
Illinois, Indiana, Iowa, Kentucky, Louisiana, Maine, Maryland,
Massachusetts, Michigan, Minnesota, Mississippi, Missouri,
Montana, Nevada, New Hampshire, New Jersey, New Mexico, New
York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon,
Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas,
Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin,
and Wyoming, or with respect to the District of Columbia, the
Commonwealth of the Northern Mariana Islands, the United States
Virgin Islands, Guam, or Puerto Rico, to prevent any of them
from implementing their own laws that authorize the use,
distribution, possession, or cultivation of medical marijuana.
Sec. 532. The Department of Commerce, the National
Aeronautics and Space Administration, and the National Science
Foundation shall provide a quarterly report to the Committees
on Appropriations of the House of Representatives and the
Senate on any official travel to China by any employee of such
Department or agency, including the purpose of such travel.
Sec. 533. Of the amounts made available by this Act, not
less than 10 percent of each total amount provided,
respectively, for Public Works grants authorized by the Public
Works and Economic Development Act of 1965 and grants
authorized by section 27 of the Stevenson-Wydler Technology
Innovation Act of 1980 (15 U.S.C. 3722) shall be allocated for
assistance in persistent poverty counties: Provided, That for
purposes of this section, the term ``persistent poverty
counties'' means any county that has had 20 percent or more of
its population living in poverty over the past 30 years, as
measured by the 1990 and 2000 decennial censuses and the most
recent Small Area Income and Poverty Estimates, or any
territory or possession of the United States.
Sec. 534. None of the funds appropriated or otherwise made
available in this or any other Act may be used to transfer,
release, or assist in the transfer or release to or within the
United States, its territories, or possessions Khalid Sheikh
Mohammed or any other detainee who--
(1) is not a United States citizen or a member of the
Armed Forces of the United States; and
(2) is or was held on or after June 24, 2009, at the
United States Naval Station, Guantanamo Bay, Cuba, by
the Department of Defense.
Sec. 535. (a) None of the funds appropriated or otherwise
made available in this or any other Act may be used to
construct, acquire, or modify any facility in the United
States, its territories, or possessions to house any individual
described in subsection (c) for the purposes of detention or
imprisonment in the custody or under the effective control of
the Department of Defense.
(b) The prohibition in subsection (a) shall not apply to any
modification of facilities at United States Naval Station,
Guantanamo Bay, Cuba.
(c) An individual described in this subsection is any
individual who, as of June 24, 2009, is located at United
States Naval Station, Guantanamo Bay, Cuba, and who--
(1) is not a citizen of the United States or a member
of the Armed Forces of the United States; and
(2) is--
(A) in the custody or under the effective
control of the Department of Defense; or
(B) otherwise under detention at United
States Naval Station, Guantanamo Bay, Cuba.
Sec. 536. None of the funds provided in this Act shall be
available for obligation for the James Webb Space Telescope
(JWST) after December 31, 2020, if the individual identified
under subsection (c)(2)(E) of section 30104 of title 51, United
States Code, as responsible for JWST determines that the
formulation and development costs (with development cost as
defined under section 30104 of title 51, United States Code)
are likely to exceed $8,802,700,000, unless the program is
modified so that the costs do not exceed $8,802,700,000.
Sec. 537. (a) Notwithstanding any other provision of law or
treaty, none of the funds appropriated or otherwise made
available under this Act or any other Act may be expended or
obligated by a department, agency, or instrumentality of the
United States to pay administrative expenses or to compensate
an officer or employee of the United States in connection with
requiring an export license for the export to Canada of
components, parts, accessories or attachments for firearms
listed in Category I, section 121.1 of title 22, Code of
Federal Regulations (International Trafficking in Arms
Regulations (ITAR), part 121, as it existed on April 1, 2005)
with a total value not exceeding $500 wholesale in any
transaction, provided that the conditions of subsection (b) of
this section are met by the exporting party for such articles.
(b) The foregoing exemption from obtaining an export
license--
(1) does not exempt an exporter from filing any
Shipper's Export Declaration or notification letter
required by law, or from being otherwise eligible under
the laws of the United States to possess, ship,
transport, or export the articles enumerated in
subsection (a); and
(2) does not permit the export without a license of--
(A) fully automatic firearms and components
and parts for such firearms, other than for end
use by the Federal Government, or a Provincial
or Municipal Government of Canada;
(B) barrels, cylinders, receivers (frames) or
complete breech mechanisms for any firearm
listed in Category I, other than for end use by
the Federal Government, or a Provincial or
Municipal Government of Canada; or
(C) articles for export from Canada to
another foreign destination.
(c) In accordance with this section, the District Directors
of Customs and postmasters shall permit the permanent or
temporary export without a license of any unclassified articles
specified in subsection (a) to Canada for end use in Canada or
return to the United States, or temporary import of Canadian-
origin items from Canada for end use in the United States or
return to Canada for a Canadian citizen.
(d) The President may require export licenses under this
section on a temporary basis if the President determines, upon
publication first in the Federal Register, that the Government
of Canada has implemented or maintained inadequate import
controls for the articles specified in subsection (a), such
that a significant diversion of such articles has and continues
to take place for use in international terrorism or in the
escalation of a conflict in another nation. The President shall
terminate the requirements of a license when reasons for the
temporary requirements have ceased.
Sec. 538. Notwithstanding any other provision of law, no
department, agency, or instrumentality of the United States
receiving appropriated funds under this Act or any other Act
shall obligate or expend in any way such funds to pay
administrative expenses or the compensation of any officer or
employee of the United States to deny any application submitted
pursuant to 22 U.S.C. 2778(b)(1)(B) and qualified pursuant to
27 CFR section 478.112 or .113, for a permit to import United
States origin ``curios or relics'' firearms, parts, or
ammunition.
Sec. 539. None of the funds made available by this Act may
be used to pay the salaries or expenses of personnel to deny,
or fail to act on, an application for the importation of any
model of shotgun if--
(1) all other requirements of law with respect to the
proposed importation are met; and
(2) no application for the importation of such model
of shotgun, in the same configuration, had been denied
by the Attorney General prior to January 1, 2011, on
the basis that the shotgun was not particularly
suitable for or readily adaptable to sporting purposes.
Sec. 540. None of the funds made available by this Act may
be obligated or expended to implement the Arms Trade Treaty
until the Senate approves a resolution of ratification for the
Treaty.
This division may be cited as the ``Commerce, Justice,
Science, and Related Agencies Appropriations Act, 2020''.
[Clerk's note.--Reproduced below is the material relating
to division B contained in the Explanatory Statement regarding
H.R. 1158, the Consolidated Appropriations Act, 2020.\1\]
---------------------------------------------------------------------------
\1\ This Explanatory Statement was submitted for printing in the
Congressional Record on
December 17, 2019 by Mrs. Lowey of New York, Chairwoman of the House
Committee on Appropriations. The Statement appears on page H10961 of
Book II.
---------------------------------------------------------------------------
DIVISION B--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
APPROPRIATIONS ACT, 2020
Report language included in House Report 116-101 (``the
House report'') or Senate Report 116-127 (``the Senate
report'') that is not changed by this explanatory statement or
the Act is approved. The explanatory statement, while repeating
some language for emphasis, is not intended to negate the
language referred to above unless expressly provided herein. In
cases where both the House report and the Senate report address
a particular issue not specifically addressed in the
explanatory statement, the House report and the Senate report
should be read as consistent and are to be interpreted
accordingly. In cases where the House report or the Senate
report directs the submission of a report, such report is to be
submitted to both the House and Senate Committees on
Appropriations (``the Committees'').
Each department and agency funded in this Act shall follow
the directions set forth in this Act and the accompanying
explanatory statement, and shall not reallocate resources or
reorganize activities except as provided herein. Reprogramming
procedures shall apply to: funds provided in this Act;
unobligated balances from previous appropriations Acts that are
available for obligation or expenditure in fiscal year 2020;
and non-appropriated resources such as fee collections that are
used to meet program requirements in fiscal year 2020. These
procedures are specified in section 505 of this Act.
Any reprogramming request shall include any out-year
budgetary impacts and a separate accounting of program or
mission impacts on estimated carryover funds. Any program,
project, or activity cited in this explanatory statement, or in
the House report or the Senate report and not changed by this
Act, shall be construed as the position of the Congress and
shall not be subject to reductions or reprogramming without
prior approval of the Committees. Further, any department or
agency funded in this Act that plans a reduction-in-force shall
notify the Committees by letter no later than 30 days in
advance of the date of any such planned personnel action.
When a department or agency submits a reprogramming or
transfer request to the Committees and does not receive
identical responses, it shall be the responsibility of the
department or agency seeking the reprogramming to reconcile the
differences between the two bodies before proceeding. If
reconciliation is not possible, the items in disagreement in
the reprogramming or transfer request shall be considered
unapproved. Departments and agencies shall not submit
reprogramming notifications after July 1, 2020, except in
extraordinary circumstances. Any such notification shall
include a description of the extraordinary circumstances.
In compliance with section 528 of this Act, each department
and agency funded in this Act shall submit spending plans,
signed by the respective department or agency head, for the
Committees' review not later than 45 days after enactment of
this Act.
TITLE I
DEPARTMENT OF COMMERCE
International Trade Administration
OPERATIONS AND ADMINISTRATION
The agreement includes $521,250,000 in total resources for
the International Trade Administration (ITA). This amount is
offset by $11,000,000 in estimated fee collections, resulting
in a direct appropriation of $510,250,000.
The agreement provides no less than $333,000,000 for Global
Markets and includes $500,000 for the rural export assistance
activities referenced in the Senate report. The agreement does
not assume House levels for Industry and Analysis, Enforcement
and Compliance, and Executive Direction and Administration.
However, ITA is directed to take steps to fill important
vacancies across the agency in support of trade promotion,
facilitation, and enforcement, as well as additional staff to
support the Committee on Foreign Investment in the United
States and the new Anti-Circumvention and Evasion Unit.
Quarterly Updates.--The agreement adopts both House and
Senate report language on quarterly briefs updating the
Committees on ongoing enforcement work as well as prior quarter
expenditures and obligation plans, including current staffing
levels, due not later than 30 days after the end of each
quarter.
SelectUSA.--Senate report language on Foreign Business
Investment in the United States is not adopted. The agreement
stipulates that up to $10,000,000 is provided for SelectUSA,
provided that ITA includes a detailed accounting of this
spending, by object class, as part of its fiscal year 2020
spending plan.
Office of Inspector General Management Alert.--ITA is
directed to address the issues raised by the Department of
Commerce Office of Inspector General in its memorandum dated
November 7, 2019 (OIG-20-005-M), in particular the issue of
securing sensitive information.
Bureau of Industry and Security
OPERATIONS AND ADMINISTRATION
The agreement includes $127,652,000 for the Bureau of
Industry and Security (BIS) and does not adopt House report
language regarding the division of funds between Export
Administration, Export Enforcement, and Management and Policy
Coordination.
Economic Development Administration
The agreement includes $333,000,000 for the programs and
administrative expenses of the Economic Development
Administration (EDA). Section 521 of this Act includes a
rescission of $17,000,000 in Economic Development Assistance
Programs balances. Such funds shall be derived from recoveries
and unobligated grant funds that were not appropriated with
emergency or disaster relief designations.
ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS
The agreement includes $292,500,000 for Economic
Development Assistance Programs. House language on coal-fired
plants is modified to encourage EDA to consider projects to
repurpose abandoned coal-fired plants. The agreement modifies
House language on climate change resiliency to direct EDA to
encourage applicants to submit proposals that are resilient to
climate change or incorporate green infrastructure solutions.
Funds are to be distributed as follows; any deviation of funds
shall be subject to the procedures set forth in section 505 of
this Act:
ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS
[in thousands of dollars]
------------------------------------------------------------------------
Amount
------------------------------------------------------------------------
Public Works............................................ $118,500
Partnership Planning.................................... 33,000
Technical Assistance.................................... 9,500
Research and Evaluation................................. 1,500
Trade Adjustment Assistance............................. 13,000
Economic Adjustment Assistance.......................... 37,000
Assistance to Coal Communities.......................... 30,000
Assistance to Nuclear Closure Communities............... 15,000
STEM Apprenticeships.................................... 2,000
Regional Innovation Program Grants...................... 33,000
---------------
Total............................................... $292,500
------------------------------------------------------------------------
EDA Programs and Impoverished Communities.--In lieu of
House report language regarding EDA scoring of competitive
grant applications, the agreement directs EDA to expand
outreach and technical guidance to prospective grantees with
the goal of ensuring increased quality and quantity of
applications for assistance aimed at benefitting residents of
persistent poverty counties or high-poverty areas, as defined
in the House language. The agreement further modifies this
language to direct the Government Accountability Office (GAO),
in coordination with EDA, to provide a report to the Committees
on the percentage of funds allocated by each program in fiscal
years 2017, 2018, and 2019, and estimates for fiscal year 2020,
to serve populations living in persistent poverty counties and
high-poverty areas. Such report shall be delivered no later
than 180 days after enactment of this Act.
SALARIES AND EXPENSES
The agreement includes $40,500,000 for EDA salaries and
expenses.
Minority Business Development Agency
MINORITY BUSINESS DEVELOPMENT
The agreement includes $42,000,000 for the Minority
Business Development Agency (MBDA), an increase of $2,000,000
above the fiscal year 2019 level. The agreement directs MBDA to
allocate $26,500,000 of its total appropriation toward
cooperative agreements, external awards, and grants, including
not less than $14,000,000 to continue MBDA's traditional
Business Center program and Specialty Project Center program.
The agreement provides $7,000,000 for the Broad Agency
Announcements (BAA) program. Senate language on BAAs is not
adopted. However, the Committees are concerned about the scope
of the 2019 BAA topic areas and direct MBDA to submit a spend
plan, which includes the topic areas for fiscal year 2020, to
the Committees for these funds 30 days prior to soliciting
applications for the fiscal year 2020 awards.
Economic and Statistical Analysis
SALARIES AND EXPENSES
The agreement includes $107,990,000 for Economic and
Statistical Analysis. The agreement assumes full funding for
the Bureau of Economic Analysis' (BEA) efforts to produce
annual Gross Domestic Product (GDP) statistics for Puerto Rico,
as requested, and includes no less than $1,500,000 for the
Outdoor Recreation Satellite Account.
Income Growth Indicators.--The agreement provides
$1,000,000 to develop income growth indicators and further
directs BEA to report the latest available estimates of these
measures in calendar year 2020, as described in the Senate
report.
Bureau of the Census
The agreement includes $7,558,319,000 for the Bureau of the
Census (``the Bureau'').
Puerto Rico and U.S. Territories.--In lieu of House report
language regarding Puerto Rico and the U.S. territories, the
Committees direct the Bureau to develop an implementation plan
to include all residents of the United States, including those
in Puerto Rico and the U.S. territories, in the total resident
and total population size totals, while maintaining integrity
of data sets. Such plan shall be delivered to the Committees no
later than 120 days after the date of enactment of this Act.
In lieu of House report language regarding the Bureau's
anticipated report on the feasibility of including Puerto Rico
in additional surveys and Bureau of Justice Statistics data
products, submitted to the Committees on November 26, 2019, the
agreement directs the Bureau to provide a supplement to this
report, not later than 90 days after enactment of this Act,
containing an overall cost estimate and implementation plan for
Puerto Rico's inclusion in these surveys and products. The
Bureau is further directed to work with the communities and
stakeholders in Puerto Rico, while conducting the Puerto Rico
Community Survey, to better understand Puerto Rico's data
needs.
CURRENT SURVEYS AND PROGRAMS
The bill provides $274,000,000 for the Current Surveys and
Programs account of the Bureau of the Census, to include funds
to continue the level of effort for the Survey of Income and
Program Participation, as described in the House report. The
agreement does not adopt House report language on the division
of funds within the appropriation.
PERIODIC CENSUSES AND PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
The bill provides $7,284,319,000 for the Periodic Censuses
and Programs account of the Bureau of the Census. The agreement
does not adopt the House report language on the division of
these funds at the Program, Project, and Activity (PPA) level.
2020 Decennial Census.--In July 2019, the Census Bureau
provided an update to the Committees on its 2020 Census Life
Cycle Cost Estimate. While the total estimates for the overall
Decennial costs remain unchanged, the Census Bureau assumes
efficiencies in the program allow for a greater contingency
reserve to support potential risks. The agreement provides
$6,696,000,000 for the Decennial Census and does not adopt
House recommended levels for the key operational frames, as
described in the House report. The agreement includes
$669,000,000 dedicated towards Secretarial contingency needs
that may arise during the Census operation such as major
disasters or other unforeseen risks realized, and $263,000,000
in additional sensitivity risks to support additional pay
increases and any reduction in self-response rates beyond the
current projections of the Census Bureau. The agreement
clarifies a previous requirement regarding the notification to
the Committees on the obligation of funds within the Bureau's
contingency reserve and directs the Census Bureau to report to
the Committees no later than 15 days after any obligation of
such funds. Such report shall include a description of the work
funded from this reserve during the fiscal year. The agreement
also supports no less than the level of effort for outreach and
communications that was utilized in preparation for the 2010
Decennial Census, adjusted for inflation.
Mobile Questionnaire Assistance Centers.--Within funds
provided, the agreement directs the Census Bureau to support
this new initiative aimed at increasing response in
historically undercounted and hard to count communities. As
part of the report on outreach activities in hard to count
communities as directed by the House, the Census Bureau shall
include details on how the Mobile Questionnaire Assistance
Centers will be utilized as a part of these efforts.
Quarterly Briefing.--The agreement continues the
requirement for quarterly updates from the Census Bureau to
ensure the Committees are regularly apprised of the status of
the 2020 Decennial operations, Census systems readiness, Census
Enterprise Data Collection and Processing, implementation of
GAO recommendations, and the American Community Survey. As part
of these briefings, the Census Bureau should also include
updates on actions it is taking, along with the Department of
Homeland Security, to secure the online platform and personal
data, as described in the House report, as well as work the
agency has done to mitigate risks identified by GAO, as
referenced in the Senate report.
National Telecommunications and Information Administration
SALARIES AND EXPENSES
The agreement includes $40,441,000 for the salaries and
expenses of the National Telecommunications and Information
Administration (NTIA). The allocation of funding provided in
the table in the House report is not adopted, nor is the House
language regarding Public Safety Communications.
Accurate Broadband Mapping.--In lieu of section 542 of the
House bill, the agreement directs NTIA to report to the
Committees, not later than 90 days after enactment of this Act,
regarding NTIA's current and planned efforts to improve the
accuracy of measurements of broadband coverage in communities,
including the sources of data used to help generate broadband
coverage maps.
United States Patent and Trademark Office
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
The agreement includes language making available to the
United States Patent and Trademark Office (USPTO)
$3,450,681,000, the full amount of offsetting fee collections
estimated for fiscal year 2020 by the Congressional Budget
Office. The agreement transfers $2,000,000 to the Office of
Inspector General to continue oversight and audits of USPTO
operations and budget transparency.
National Institute of Standards and Technology
The agreement includes $1,034,000,000 for the National
Institute of Standards and Technology (NIST).
SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES
(INCLUDING TRANSFER OF FUNDS)
The agreement provides $754,000,000 for NIST's Scientific
and Technical Research and Services (STRS) account. The
agreement adopts the following within STRS: (1) House and
Senate language on pyrrhotite and no less than $1,500,000; (2)
House and Senate language on regenerative medicine standards
and $2,500,000; (3) Senate language on industrial internet of
things and no less than $2,000,000; (4) Senate language on
plastic and polymeric materials and $1,000,000 above the fiscal
year 2019 enacted level; (5) Senate language on graphene
research and no less than $1,250,000; (6) Senate language on
unmanned aerial vehicle challenges and no less than $2,500,000;
(7) Senate language on microelectronics technology and no less
than $2,000,000; (8) Senate language on public health risks to
first responders and $2,000,000; (9) House language and funding
for the Greenhouse Gas Program and Urban Dome Initiative; and
(10) House and Senate language on metals-based additive
manufacturing and no less than $5,000,000.
Disaster Resilience Research Grants.--In lieu of House and
Senate language regarding Disaster Resilience Research Grants,
the agreement provides no less than $2,500,000.
Quantum Information Science (QIS).--The agreement adopts
House and Senate language on QIS and provides $10,000,000 above
the fiscal year 2019 enacted level.
Industries of the Future.--The agreement adopts House and
Senate language on artificial intelligence and provides
$8,000,000 above the fiscal year 2019 enacted level.
Forward Looking Building Standards.--House report language
regarding forward looking building standards is amended to
clarify that it neither directs nor authorizes NIST to
undertake any regulatory action.
Forensic Sciences.--In lieu of House and Senate report
language, the agreement provides $1,000,000 above the fiscal
year 2019 enacted level for forensic science research.
Additionally, the agreement provides $3,150,000 to support the
Organization of Scientific Area Committees and $1,000,000 to
support technical merit evaluations.
Facial Recognition Vendor Test.--Senate language regarding
the facial recognition vendor test is adopted, and the
agreement further directs NIST to continue efforts to secure
personally identifiable information and other sensitive data
used by this program.
INDUSTRIAL TECHNOLOGY SERVICES
The agreement includes $162,000,000 in total for Industrial
Technology Services (ITS), including $146,000,000 for the
Hollings Manufacturing Extension Partnership (MEP), an increase
of $6,000,000 above the fiscal year 2019 enacted level. At this
level, NIST is directed to provide an increase of at least
$100,000 for each of the 51 MEP centers. The agreement further
provides $16,000,000 for the National Network for Manufacturing
Innovation, also known as Manufacturing USA.
CONSTRUCTION OF RESEARCH FACILITIES
The agreement includes $118,000,000 for Construction of
Research Facilities, of which $43,000,000 is for the continued
renovation of NIST's Building 1 laboratory.
Safety, Capacity, Maintenance, and Major Repairs (SCMMR).--
Within the amount provided for Construction of Research
Facilities, the agreement includes no less than $75,000,000 for
NIST to address its most pressing SCMMR projects.
National Oceanic and Atmospheric Administration
Sexual Assault and Sexual Harassment (SASH).--The agreement
adopts House and Senate report language on SASH and provides no
less than $2,000,000, of which $1,000,000 shall be derived from
funding provided to Mission Support, Executive Leadership.
OPERATIONS, RESEARCH, AND FACILITIES
(INCLUDING TRANSFER OF FUNDS)
The agreement includes a total program level of
$3,956,213,000 under this account for the coastal, fisheries,
marine, weather, satellite, and other programs of the National
Oceanic and Atmospheric Administration (NOAA). This total
funding level includes $3,763,939,000 in direct appropriations;
a transfer of $174,774,000 from balances in the ``Promote and
Develop Fishery Products and Research Pertaining to American
Fisheries'' fund; and $17,500,000 derived from recoveries of
prior year obligations.
The following narrative descriptions and tables identify
the specific activities and funding levels included in this
Act.
National Ocean Service (NOS).--$598,956,000 is for NOS
Operations, Research, and Facilities.
NATIONAL OCEAN SERVICE
Operations, Research, and Facilities
[in thousands of dollars]
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Navigation, Observations and Positioning
Navigation, Observations and Positioning............ $159,456
Hydrographic Survey Priorities/Contracts............ 32,000
Integrated Ocean Observing System Regional 39,000
Observations.......................................
---------------
Navigation, Observations and Positioning........ 230,456
---------------
Coastal Science and Assessment
Coastal Science, Assessment, Response and 82,000
Restoration........................................
Competitive External Research....................... 19,000
---------------
Coastal Science and Assessment.................. 101,000
---------------
Ocean and Coastal Management and Services
Coastal Zone Management and Services................ 45,000
Coastal Management Grants........................... 77,000
National Oceans and Coastal Security Fund (Title IX 33,000
Fund)..............................................
Coral Reef Program.................................. 29,500
National Estuarine Research Reserve System.......... 27,500
Sanctuaries and Marine Protected Areas.............. 55,500
---------------
Ocean and Coastal Management and Services....... 267,500
---------------
Total, National Ocean Service, Operations, $598,956
Research, and Facilities...................
------------------------------------------------------------------------
Navigation, Observations and Positioning.--Within funding
provided, the agreement includes no less than $6,250,000 for
the Physical Oceanographic Real-Time System. The
administration's proposal on funding for Coastal Observing
Assets is adopted. The Senate language and funding levels
regarding Hydrographic Research and Technology Development are
adopted.
Coastal Science and Assessment.--The agreement provides
$44,000,000 for the National Centers for Coastal Ocean Science
and no less than $1,000,000 above the fiscal year 2019 enacted
level for the Marine Debris program.
Gulf of Mexico Disaster Response Center (DRC).--Senate
report language on the DRC is restated to clarify that the
intent is for NOAA to fully staff the DRC no later than
September 30, 2020.
Harmful Algal Blooms (HABs).--The agreement provides
$19,000,000 for Competitive External Research and adopts both
House and Senate direction regarding HABs. It further clarifies
that no less than $1,000,000 is provided to sponsor a national
study of the economic impacts of HABs as described in the House
report.
Regional Data Portals.--The Senate language and funding
level regarding Regional Data Portals are adopted.
The National Oceans and Coastal Security Fund.--The
agreement provides $33,000,000 for the National Oceans and
Coastal Security Fund, also known as Title IX Fund grants. Of
the amount provided, not less than $3,000,000 shall be for
project planning and design.
Marine Sanctuaries.--The administration's proposal
regarding telepresence is accepted and the continuation of this
work is encouraged through Ocean Exploration within Oceanic and
Atmospheric Research. NOS is directed to prioritize support for
Marine Sanctuaries base funding, especially in light of the
designation of the new Mallows Bay-Potomac River National
Marine Sanctuary.
National Marine Fisheries Service (NMFS).--$947,657,000 is
for NMFS Operations, Research, and Facilities.
NATIONAL MARINE FISHERIES SERVICE
Opertions, Research, and Facilities
[in thousands of dollars]
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Protected Resources Science and Management
Marine Mammals, Sea Turtles, and Other Species...... $122,164
Species Recovery Grants............................. 7,000
Atlantic Salmon..................................... 6,500
Pacific Salmon...................................... 65,000
---------------
Protected Resources Science and Management...... 200,664
---------------
Fisheries Science and Management
Fisheries and Ecosystem Science Programs and 146,427
Services...........................................
Fisheries Data Collections, Surveys and Assessments. 173,709
Observers and Training.............................. 54,968
Fisheries Management Programs and Services.......... 123,836
Aquaculture......................................... 15,250
Salmon Management Activities........................ 58,043
Regional Councils and Fisheries Commissions......... 40,247
Interjurisdictional Fisheries Grants................ 3,365
---------------
Fisheries Science and Management................ 615,845
---------------
Enforcement............................................. 74,023
---------------
Habitat Conservation and Restoration.................... 57,125
---------------
Total, National Marine Fisheries Service, $947,657
Operations, Research, and Facilities.......
------------------------------------------------------------------------
Southern Resident Killer Whales.--The agreement includes no
less than the fiscal year 2019 enacted level for NMFS to
continue its work on Southern Resident killer whales.
North Atlantic Right Whale.--The agreement provides an
increase of $2,000,000 within Marine Mammals, Sea Turtles, and
Other Species for North Atlantic right whales-related research,
development, and conservation. Additional direction in the
House and Senate reports, including the pilot project, is
adopted.
Salmon Management Activities.--Within funding provided, the
agreement includes no less than $35,500,000 for implementation
of the Pacific Salmon Treaty, which is $20,000,000 above the
fiscal year 2019 enacted level, and $22,000,000 for the
operation and maintenance of Mitchell Act hatcheries. House and
Senate language on the Pacific Salmon Treaty is adopted, and
the Committees look forward to receiving the requested spend
plan in an expeditious fashion.
Fisheries Information Networks.--The agreement provides
$24,000,000 for Fisheries Information Networks and adopts
Senate language regarding the disbursement of funds provided
above the fiscal year 2019 enacted level.
Gulf of Mexico Electronic Logbooks.--Senate language and
funding levels regarding implementing electronic logbooks in
the Gulf of Mexico are adopted.
South Atlantic Reef Fish.--Senate guidance on conducting a
fishing gear selectivity study is adopted. Additionally, the
agreement provides up to $1,500,000 to employ the independent
and alternative stock assessment strategies directed by the
House and Senate for the Gulf of Mexico to supplement NMFS
assessments of red snapper in the South Atlantic.
NMFS Quarterly Briefings.--In lieu of House report language
regarding quarterly updates on red snapper, the agreement
directs NMFS to provide quarterly briefings on relevant
operational, regulatory, and policy matters.
Modern Fish Act.--The agreement adopts Senate language on
data collection for recreational fisheries and provides no less
than $3,000,000 for these purposes.
Illegal, Unreported, and Unregulated (IUU) Fishing.--The
agreement adopts Senate language regarding IUU fishing. In lieu
of the House language regarding the Seafood Import Monitoring
Program (SIMP), NOAA shall, in consultation with the Task Force
on Human Trafficking in Fishing in International Waters, which
was codified in Public Law 115-141, determine any gaps in the
Task Force's report regarding the nature and extent of human
trafficking and related labor abuses in the commercial seafood
supply chain. This study shall identify specific countries and
fisheries where such activities are believed to be significant,
and shall be provided to the Committees within one year of
enactment of this Act. NOAA shall notify the Department of
Justice if any gaps are found.
Further, NOAA shall evaluate, within the biannual report to
Congress on IUU fishing, SIMP's effectiveness regarding (1) the
preservation of stocks of at-risk species around the world and
(2) the protection of American consumers from seafood fraud;
and, within 180 days of enactment of this Act, shall report to
the Committees on the metrics it intends to use for such
evaluation.
Highly Migratory Species.--House report language regarding
Highly Migratory Species is not adopted.
Office of Oceanic and Atmospheric Research (OAR).--
$548,384,000 is for OAR Operations, Research, and Facilities.
OFFICE OF OCEANIC AND ATMOSPHERIC RESEARCH
Operations, Research, and Facilities
[in thousands of dollars]
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Climate Research
Laboratories and Cooperative Institutes............. $66,500
Regional Climate Data and Information............... 40,000
Climate Competitive Research........................ 63,000
---------------
Climate Research................................ 169,500
---------------
Weather and Air Chemistry Research
Laboratories and Cooperative Institutes............. 82,000
U.S. Weather Research Program....................... 23,000
Tornado Severe Storm Research/Phased Array Radar.... 13,634
Joint Technology Transfer Initiative................ 15,000
---------------
Weather and Air Chemistry Research.............. 133,634
---------------
Ocean, Coastal and Great Lakes Research
Laboratories and Cooperative Institutes............. 35,500
National Sea Grant College Program.................. 74,000
Marine Aquaculture Program.......................... 13,000
Ocean Exploration and Research...................... 42,000
Integrated Ocean Acidification...................... 14,000
Sustained Ocean Observations and Monitoring......... 45,000
National Oceanographic Partnership Program.......... 5,000
---------------
Ocean, Coastal and Great Lakes Research......... 228,500
---------------
High Performance Computing Initiatives.................. 16,750
---------------
Total, Office of Oceanic and Atmospheric $548,384
Research, Operations, Research and
Facilities.................................
------------------------------------------------------------------------
National Climate Assessment (NCA).--The agreement provides
no less than $3,000,000 for the NCA.
Earth's Radiation Budget.--In lieu of House language
regarding Earth's radiation budget, the agreement provides no
less than $4,000,000 for modeling, assessments, and, as
possible, initial observations and monitoring of stratospheric
conditions and the Earth's radiation budget, including the
impact of the introduction of material into the stratosphere
from changes in natural systems, increased air and space
traffic, proposals to inject material to affect climate, and
the assessment of solar climate interventions. Within these
funds, the agreement further directs OAR to improve the
understanding of the impact of atmospheric aerosols on
radiative forcing, as well as on the formation of clouds,
precipitation, and extreme weather.
Regional Integrated Sciences and Assessments Program
(RISA).--The agreement includes an increase of $1,500,000 for
the RISA Program and adopts the House direction.
U.S. Weather Research Program.--The agreement provides no
less than $8,000,000 for the Earth Prediction Innovation Center
and adopts the Senate direction. The agreement also adopts the
Administration's request for Airborne Phased Array Radar.
Vortex-Southeast (Vortex-SE).--The agreement provides up to
$10,000,000 for OAR to continue collaborating with the National
Science Foundation's Vortex-SE initiative.
Phased Array Radar (PAR).--The agreement adopts Senate
language on PAR and provides no less than $1,000,000 above the
fiscal year 2019 enacted level.
Highly Migratory Species.--The agreement does not adopt
Senate language relating to Sea Grant research on highly
migratory species, as that work is now underway. Available
funds shall be used to support the National Sea Grant College
Program base.
Cloud Computing for Research.--The agreement adopts House
direction regarding cloud computing and provides no less than
$5,000,000 for that purpose.
NOAA Supercomputing Plan.--The agreement adopts Senate bill
language and House report language requiring the development of
a supercomputing strategy and cloud computing strategy,
respectively, but clarifies that these strategies should be
submitted as one report.
National Weather Service (NWS).--$1,065,701,000 is for NWS
Operations, Research, and Facilities.
NATIONAL WEATHER SERVICE
Operations, Research, and Facilities
[in thousands of dollars]
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Observations............................................ $229,862
Central Processing...................................... 97,980
Analyze, Forecast and Support........................... 513,556
Dissemination........................................... 76,843
Science and Technology Integration...................... 147,460
---------------
Total, National Weather Service, Operations, $1,065,701
Research and Facilities............................
------------------------------------------------------------------------
National Mesonet Program.--The agreement provides
$20,200,000 for the continuation and expansion of the National
Mesonet Program. Of the funds provided, up to $500,000 may be
used for Meteorological Assimilation Data Ingest System
activities, and up to $500,000 may be used for costs associated
with the National Mesonet Program Office.
Facilities Maintenance.--In lieu of House language
regarding facilities maintenance, NWS is encouraged to continue
addressing the highest priority facilities repair and deferred
maintenance requirements at Weather Forecast Offices.
Office of Water Prediction (OWP).--The Senate language and
funding levels regarding OWP are adopted. Additionally, the
agreement provides $1,500,000 within Dissemination to
expeditiously transition the water resources prediction
capabilities developed by OWP into operations.
Tsunami Warning Program.--The agreement provides no less
than the fiscal year 2019 enacted level for the Tsunami Warning
Program.
National Environmental Satellite, Data and Information
Service (NESDIS).--$260,739,000 is for NESDIS Operations,
Research, and Facilities.
NATIONAL ENVIRONMENTAL SATELLITE, DATA AND INFORMATION SERVICE
Operations, Research, and Facilities
[in thousands of dollars]
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Environmental Satellite Observing Systems
Office of Satellite and Product Operations.......... $166,063
Product Development, Readiness and Application...... 28,434
Commercial Remote Sensing Regulatory Affairs........ 1,800
Office of Space Commerce............................ 2,300
Group on Earth Observations......................... 500
---------------
Environmental Satellite Observing Systems....... 199,097
---------------
National Centers for Environmental Information.......... 61,642
---------------
Total, National Environmental Satellite, $260,739
Data and Information Service, Operations,
Research, and Facilities...................
------------------------------------------------------------------------
Study on Satellite Instrumentation and Data.--Senate report
language on satellite instrumentation and data is amended to
clarify that the intent is for NOAA and NASA to submit a study
that assesses the enumerated purposes in the Senate report at
the out-of-band emissions limits agreed to at the World
Radiocommunication Conference 2019. Acknowledging NTIA's role
in managing the Federal use of spectrum, but given that NTIA's
Office of Spectrum Management currently has a limited role in
reviewing technical studies related to sharing with satellite
operations, the Committees direct NOAA to engage with NTIA, as
needed, for review of assumptions on the commercial deployment
of 5G telecommunications networks over the life of these
satellites; analysis methodology; and interference protection
criteria; as well as to verify intermediate results.
Mission Support.--$290,361,000 is for Mission Support
Operations, Research, and Facilities.
MISSION SUPPORT
Operations, Research, and Facilities
[in thousands of dollars]
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Mission Support
Executive Leadership................................ $27,078
Mission Services and Management..................... 155,934
IT Security......................................... 15,079
Payment to DOC Working Capital Fund................. 62,070
---------------
Mission Support Services............................ 260,161
---------------
Office of Education
BWET Regional Programs.............................. 7,750
Jose E. Serrano Educational Partnership Program with 17,200
Minority Serving Institutions......................
NOAA Education Program Base......................... 5,250
---------------
Office of Education............................. 30,200
---------------
Total, Mission Support, Operations, $290,361
Research, and Facilities...................
------------------------------------------------------------------------
Jose E. Serrano Educational Partnership Program with
Minority Serving Institutions.--The agreement provides
$17,200,000 for the Jose E. Serrano Educational Partnership
Program with Minority Serving Institutions, which has been re-
named in honor of Congressman Jose E. Serrano for his steadfast
leadership and support for increasing the participation of
underrepresented communities in the sciences.
Office of Marine and Aviation Operations (OMAO).--
$244,415,000 is for OMAO Operations, Research, and Facilities.
OFFICE OF MARINE AND AVIATION OPERATIONS
Operations, Research, and Facilities
[in thousands of dollars]
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Office of Marine and Aviation Operations
Marine Operations and Maintenance................... $194,000
Aviation Operations and Aircraft Services........... 37,750
Unmanned Systems Operations......................... 12,665
---------------
Total, Office of Marine and Aviation Operations, $244,415
Operations, Research, and Facilities...........
------------------------------------------------------------------------
Aviation Operations and Aircraft Services.--The agreement
provides no less than $1,500,000 within Aviation Operations and
Aircraft Services to further programs aimed at recruiting and
training pilots for service in the Commissioned Officer Corps
of NOAA.
Monitoring of Atmospheric Rivers.--The agreement provides
no less than $1,500,000 within Aviation Operations and Aircraft
Services to better observe and predict atmospheric rivers.
NOAA Ship Ronald H. Brown Midlife Maintenance.--OMAO is
directed to continue its partnership with the academic research
fleet to obtain all required engineering and acquisition
requirements to initiate a single phase, 12-month midlife
maintenance repair period in fiscal year 2021 on the NOAA Ship
Ronald H. Brown.
PROCUREMENT, ACQUISITION AND CONSTRUCTION
(INCLUDING TRANSFER OF FUNDS)
The agreement includes a total program level of
$1,543,890,000 in direct obligations for NOAA Procurement,
Acquisition and Construction (PAC), of which $1,530,890,000 is
appropriated from the general fund and $13,000,000 is derived
from recoveries of prior year obligations. The following
narrative and table identify the specific activities and
funding levels included in this Act:
PROCUREMENT, ACQUISITION and CONSTRUCTION
[in thousands of dollars]
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
National Ocean Service
National Estuarine Research Reserve Construction.... $4,500
Marine Sanctuaries Construction..................... 3,000
---------------
Total, NOS--PAC................................. 7,500
---------------
Office of Oceanic and Atmospheric Research
Research Supercomputing/CCRI........................ 42,000
---------------
National Weather Service
Observations........................................ 16,250
Central Processing.................................. 66,761
Dissemination....................................... 9,934
Weather Forecast Office Construction................ 10,000
---------------
Total, NWS--PAC................................. 102,945
---------------
National Environmental Satellite, Data and Information
Service
GOES R.............................................. 304,056
Polar Weather Satellites............................ 745,000
Systems/Services, Architecture, and Engineering..... 33,990
CDARS............................................... 11,350
Space Weather Follow-on............................. 64,000
Cosmic 2/GNSS RO.................................... 5,892
Satellite CDA Facility.............................. 2,450
Satellite Ground Services........................... 55,707
Projects, Planning, and Analysis.................... 31,000
---------------
Total, NESDIS--PAC.............................. 1,253,445
---------------
Mission Support
NOAA Construction................................... 40,000
---------------
Office of Marine and Aviation Operations
Fleet Capital Improvements and Technology Infusion.. 23,000
New Vessel Construction............................. 75,000
---------------
Total, OMAO--PAC................................ 98,000
---------------
Total, Procurement, Acquisition and $1,543,890
Construction...............................
------------------------------------------------------------------------
Research Supercomputing.--The agreement directs NOAA to
maximize its research supercomputing capacity within available
funds. Therefore, 25 percent of funds for OAR Research
Supercomputing are to be withheld until NOAA provides the
Committees with a detailed spending plan, by project and by
object class, for funding provided for Research Supercomputing.
National Weather Service Observations.--The agreement
provides the requested amount for the Next Generation Weather
Radar and the Automated Surface Observing System Service Life
Extension Programs.
NESDIS Reorganization.--The agreement partially approves
the proposed NESDIS budget reorganization by creating a new
Program, Project, or Activity titled Systems/Services,
Architecture, and Engineering (SAE), which includes funding
previously provided for System Architecture and Advanced
Planning, Satellite Ground Services, and Commercial Weather
Data. Senate language on system architecture and advanced
planning and commercial weather data is adopted and should be
executed using funds provided to SAE. The Committees expect
that the SAE portfolio will manage end-to-end space and ground
architecture requirements, support early stage ventures, and
serve as the single entry point for commercial partners.
Facilities Maintenance.--The agreement provides $40,000,000
for high priority facilities repair and deferred maintenance
requirements, as described in the Senate report. NOAA shall
prioritize infrastructure projects related to Marine
Operations.
Alaska Homeport Study.--Senate report language directing
NOAA to complete and submit the NOAA Fairweather homeport
analysis is not adopted.
PACIFIC COASTAL SALMON RECOVERY
The agreement includes $65,000,000 for Pacific Coastal
Salmon Recovery. The agreement adopts the House approach to the
allocation of funds to eligible grantees.
FISHERMEN'S CONTINGENCY FUND
The agreement includes $349,000 for the Fishermen's
Contingency Fund.
FISHERIES FINANCE PROGRAM ACCOUNT
The agreement includes language under this heading limiting
obligations of direct loans to $24,000,000 for Individual
Fishing Quota loans and $100,000,000 for traditional direct
loans.
Departmental Management
SALARIES AND EXPENSES
The agreement includes $61,000,000 for Departmental
Management (DM) salaries and expenses.
Working Capital Fund (WCF).--The agreement adopts Senate
report language on the Working Capital Fund and further
requests that the GAO conduct a review of the Department of
Commerce's (DOC) WCF. The Committees request that GAO: (1)
determine whether the DOC WCF is adhering to key operating
principles to ensure the appropriate tracking and use of funds;
(2) evaluate how DOC policies and procedures for managing the
WCF are meeting these principles; (3) examine the balances
accumulated and retained in the DOC WCF; and (4) assess how the
DOC WCF and DOC bureaus account for and grade the services they
provide and receive, including whether there is any duplication
of services.
Office of the Secretary Travel.--House bill language to
prohibit travel for personnel within the Office of the
Secretary from funds outside of Salaries and Expenses is not
adopted. However, to increase transparency regarding the
amounts the Department's bureaus contribute toward travel
expenses of the Secretary and the Secretary's immediate staff,
the agreement directs the Department to provide in its fiscal
year 2021 congressional budget justification the estimated
total for travel costs outside of the National Capital Region
for all personnel within Executive Direction by office, broken
down by bureau contributions at the PPA level and any
associated authorities that justify why such expenses are not
supported through the ``Departmental Management, Salaries and
Expenses'' appropriation. As part of the budget justification,
the Department shall also include travel costs associated with
fiscal years 2019 and 2020. The Department shall also ensure
that these costs are clearly identified in future spend plans.
Section 232 Exclusion Process.--The agreement continues to
provide funding for the ongoing exclusion process for Section
232 steel and aluminum tariffs, including up to $6,500,000
within BIS, up to $8,000,000 within ITA, and up to $1,000,000
within DM. If additional funding for the exclusion process
becomes necessary, the Department shall report to the
Committees at least 15 days prior to the obligation of funds
above the totals specified herein. Further, the Committees are
concerned by the findings presented in the DOC Office of
Inspector General (OIG) Management Alert (OIG-20-003-M)
regarding the Section 232 exclusion process. Therefore, the
agreement directs the Department to brief the Committees, not
later than 30 days after enactment of this Act, on how the
process has been reformed in response to the OIG's
recommendations.
Space Commerce.--Senate report language on Space Commerce
within DM is amended to clarify that the results of the
independent review shall be submitted to the Committees, and
all relevant authorizing committees, no later than six months
after the Secretary enters into a contract with the National
Academy of Public Administration. Additionally, the agreement
encourages that the costs of the study be shared by DM and
NOAA, within funds provided above the fiscal year 2019 level
for the Office of Space Commerce within NOAA NESDIS.
Section 232 Automobiles Report.--In lieu of Senate language
on Section 232 Investigations, section 112 of this Act requires
that the report on the findings of the Section 232
investigation into the effect on national security of
automobile and automotive parts imports be published in the
Federal Register no later than 30 days after enactment of this
Act. In releasing the report, the Secretary of Commerce shall
ensure that no confidential business information or proprietary
data is included in the version of the report published in the
Federal Register.
RENOVATION AND MODERNIZATION
The agreement includes a total of $1,000,000 for the
Renovation and Modernization account. The agreement does not
adopt House report language on centralizing Departmental
salaries and expenses into one appropriation, but reemphasizes
House direction for the Department to evaluate how it can best
standardize its appropriations in future years, recognizing
transparency of total project costs is a priority.
OFFICE OF INSPECTOR GENERAL
The agreement includes a total of $41,858,000 for the
Office of Inspector General. This amount includes $33,000,000
in direct appropriations, a $2,000,000 transfer from USPTO, a
transfer of $3,556,000 from the Bureau of the Census, Periodic
Censuses and Programs, and $1,302,000 from NOAA PAC for audits
and reviews of those programs. In addition, $2,000,000 is
derived from the Public Safety Trust Fund for oversight of
FirstNet.
General Provisions--Department of Commerce
(INCLUDING TRANSFER OF FUNDS)
The agreement includes the following general provisions for
the Department of Commerce:
Section 101 makes funds available for advanced payments
only upon certification of officials, designated by the
Secretary, that such payments are considered to be in the
public interest.
Section 102 makes appropriations for Department of Commerce
salaries and expenses available for hire of passenger motor
vehicles, for services, and for uniforms and allowances as
authorized by law.
Section 103 provides the authority to transfer funds
between Department of Commerce appropriation accounts and
requires 15 days advance notification to the Committees on
Appropriations for certain actions.
Section 104 provides congressional notification
requirements for NOAA satellite programs and includes life
cycle cost estimates for certain weather satellite programs.
Section 105 provides for reimbursement for services within
Department of Commerce buildings.
Section 106 clarifies that grant recipients under the
Department of Commerce may continue to deter child pornography,
copyright infringement, or any other unlawful activity over
their networks.
Section 107 provides the NOAA Administrator with the
authority to avail NOAA of resources, with the consent of those
supplying the resources, to carry out responsibilities of any
statute administered by NOAA.
Section 108 prohibits the National Technical Information
Service from charging for certain services.
Section 109 allows NOAA to be reimbursed by Federal and
non-Federal entities for performing certain activities.
Section 110 provides the Economics and Statistics
Administration certain authority to enter into cooperative
agreements.
Section 111 establishes a Department of Commerce
Nonrecurring Expenses Fund for information and business
technology system modernization and makes appropriations for a
business application system modernization.
Section 112 provides for the release of a Department of
Commerce report.
TITLE II
DEPARTMENT OF JUSTICE
General Administration
SALARIES AND EXPENSES
The agreement includes $114,740,000 for General
Administration, Salaries and Expenses.
Responding to Substance Abuse in Our Communities.--The
agreement includes a total of $518,000,000 in dedicated grant
program funding, an increase of $42,000,000 more than the
fiscal year 2019 enacted level, to help communities and State
and local law enforcement fight substance abuse, including
opioids, stimulants, and synthetics. Unless otherwise noted,
House and Senate report language regarding these programs is
maintained. Of this amount, $180,000,000 is for the
Comprehensive Opioid, Stimulant, and Substance Abuse Program
(COSSAP), of which no less than $10,000,000 shall be made
available for additional replication sites employing the Law
Enforcement Assisted Diversion (LEAD) model, with applicants
demonstrating a plan for sustainability of LEAD-model diversion
programs.
In addition, the Drug Enforcement Administration (DEA) is
funded at $2,722,295,000, an increase of $34,592,000 more than
the fiscal year 2019 enacted level, to strengthen drug
trafficking investigations, including those related to heroin,
fentanyl, and methamphetamines, as well as the continuation of
heroin enforcement teams and other interdiction and
intervention efforts, including DEA's 360 Strategy.
Emmett Till Unsolved Civil Rights Crimes Reauthorization
Act of 2016.--The agreement includes the fully authorized level
of $13,500,000 for DOJ component agencies to implement the
Emmett Till Unsolved Civil Rights Crimes Reauthorization Act of
2016, as specified in the House report.
Programmatic priorities.--The Department and its component
agencies, including those activities funded under General Legal
Activities; United States Attorneys; the United States Marshals
Service (USMS); the Federal Bureau of Investigation (FBI); the
Bureau of Alcohol, Tobacco, Firearms and Explosives; the DEA;
and the Bureau of Prisons, are directed to make every effort,
within the funding provided, to fully support, fund, or
otherwise carry out the programs, projects, activities, and
initiatives identified as priorities in the House and Senate
reports, and to follow House and Senate direction regarding the
allocation of increased funding.
Ashanti Alert Act Implementation.--The Department is
directed to provide a report to the Committees no later than 30
days after enactment of this Act which details progress on
implementation of the Ashanti Alert Act (Public Law 115-401) as
well as a final deadline for implementation no later than 90
days after enactment of this Act.
Working Capital Fund and Non-appropriated Fund Budget
Request and Expenditure Plans.--DOJ shall include a detailed
breakout of all of its non-appropriated funding sources in its
future budget requests, as specified in the House report. DOJ
shall include in its fiscal year 2020 spending plans for DOJ
components details on non-appropriated funds with regard to the
Working Capital Fund, retained earnings and unobligated
transfers, and civil debt collection proceeds, at the level of
detail specified in the Consolidated Appropriations Act, 2019
(Public Law 116-6), and in House and Senate reports.
The spending plans should include reports specified in the
Senate report regarding Working Capital Fund carryover funds
and Three Percent Fund collections and expenditures. DOJ shall
continue to report to the Committees quarterly, and monthly
where directed, on the collection, balances, and obligation of
these funds, as specified in House and Senate reports.
Office of Legal Counsel (OLC) opinions.--In lieu of House
report language regarding OLC, the Attorney General is strongly
urged to direct OLC to publish all legal opinions and other
materials that are appropriate for publication--in particular
those materials that are the subject of repeated requests or
that may be of public or historical interest.
Animal fighting.--In lieu of House language on animal
fighting, the Department shall make it a priority to
investigate and prosecute violations of animal welfare laws, as
directed in the Senate report and as previously described in
Senate Report 114-239 and codified in Public Law 115-31. The
Department shall report to the Committees not later than 120
days after enactment of this Act on the specific steps the
Department is taking to enforce such laws, including case
development and prosecutions based on referrals from the
Federal Bureau of Investigation, the U.S. Department of
Agriculture Office of Inspector General, and other Federal
agencies.
Justice Information Sharing Technology
(INCLUDING TRANSFER OF FUNDS)
The agreement includes $33,875,000 for Justice Information
Sharing Technology.
Executive Office for Immigration Review
(INCLUDING TRANSFER OF FUNDS)
This Act includes $672,966,000 for the Executive Office for
Immigration Review (EOIR), of which $4,000,000 is a transfer
from the U.S. Citizenship and Immigration Services (USCIS)
Immigration Examinations Fee Account. The agreement is
$109,559,000 above the fiscal year 2019 enacted level and equal
to the budget request. Within the funding provided, EOIR shall
continue all ongoing programs, and shall comply with House and
Senate report language that is not explicitly rescinded or
amended below.
Immigration Adjudication Performance and Reducing Case
Backlog.--The Department shall continue efforts to accelerate
the hiring and deployment of Immigration Judge (IJ) teams,
giving priority to the highest workload areas, and improving
coordination with the Department of Homeland Security, to
institute fair and efficient court proceedings in detention
facilities and ensure court appearances by non-detained
individuals. EOIR shall continue to hire the most qualified IJs
from a diverse pool of candidates to ensure the adjudication
process is impartial and consistent with due process. In lieu
of the House language on alternatives to detention programs,
the Committees believe that consistent policies regarding
docket management and case adjudication will reduce the
impending backlog. EOIR is directed to continue to prioritize
cases that are scheduled on the detained docket.
EOIR shall continue to submit monthly performance and
operating reports detailing the backlog of cases and the hiring
of new IJ teams in the same format and detail provided in
Senate Report 115-275 and codified in Public Law 116-6. These
reports shall continue to include statistics regarding the
number of cases where visa overstay is a relevant factor and
the median days pending for both detained and non-detained
cases. These reports shall also list IJs who are temporarily
deployed away from their permanent courtrooms, noting the
permanent and temporary duty stations of each IJ and the length
of such temporary duty assignments. To the extent that EOIR has
adopted new performance measures related to the efficient and
timely completion of cases and motions, statistics reflecting
those measures shall be included in the report. Finally, these
reports shall now also include the cost break out for IJ teams,
as detailed in the Senate report.
Videoteleconferencing (VTC) Data and Reporting.--The
Committees direct EOIR to collect real-time data indicating
each time a master calendar or individual merits hearing is
conducted via VTC to allow for better statistical data
collection to help determine whether VTC has an outcome
determinative impact. This information is to be provided in the
quarterly reports submitted to the Committees and should
include the number and type of hearings conducted by VTC,
including data on appeals cases related to the use of VTC, and
the number of in-person hearing motions filed. EOIR shall make
publicly available all policies and procedures related to
EOIR's use of VTC, including policies and procedures for EOIR's
new immigration adjudication centers. Any deviations from
EOIR's VTC standard policy and procedures shall be noted and
justified in the EOIR's quarterly report to the Committees.
Legal Orientation Program (LOP).--The agreement includes
$18,000,000 for services provided by the LOP, of which
$3,000,000 is for the Immigration Help Desk. LOP funding is
also provided for LOP for Custodians (LOPC) and the LOPC Call
Center, including efforts, pursuant to the Trafficking Victims
Protection Reauthorization Act of 2008 (Public Law 110-457),
for custodians of unaccompanied, undocumented children to
address the custodian's responsibility for the child's
appearance at all immigration proceedings, and to protect the
child from mistreatment, exploitation, and trafficking. EOIR
shall continue all LOP services and activities without
interruption, including during any review of the program.
Office of Inspector General
The agreement includes $105,000,000 for the Office of
Inspector General.
United States Parole Commission
SALARIES AND EXPENSES
The agreement includes $13,308,000 for the salaries and
expenses of the United States Parole Commission.
Legal Activities
SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES
The agreement includes $920,000,000 for General Legal
Activities.
VACCINE INJURY COMPENSATION TRUST FUND
The agreement includes a reimbursement of $13,000,000 for
DOJ expenses associated with litigating cases under the
National Childhood Vaccine Injury Act of 1986 (Public Law 99-
660).
SALARIES AND EXPENSES, ANTITRUST DIVISION
The agreement includes $166,755,000 for the Antitrust
Division. This appropriation is offset by an estimated
$141,000,000 in pre-merger filing fee collections, resulting in
a direct appropriation of $25,755,000.
SALARIES AND EXPENSES, UNITED STATES ATTORNEYS
The agreement includes $2,254,541,000 for the Executive
Office for United States Attorneys and the 94 United States
Attorneys' offices, of which $25,000,000 shall remain available
until expended.
UNITED STATES TRUSTEE SYSTEM FUND
The agreement includes $227,229,000 for the United States
Trustee Program.
SALARIES AND EXPENSES, FOREIGN CLAIMS SETTLEMENT COMMISSION
The agreement includes $2,335,000 for the Foreign Claims
Settlement Commission.
FEES AND EXPENSES OF WITNESSES
The agreement includes $270,000,000 for Fees and Expenses
of Witnesses.
SALARIES AND EXPENSES, COMMUNITY RELATIONS SERVICE
(INCLUDING TRANSFER OF FUNDS)
The agreement includes $16,000,000 for the Community
Relations Service.
ASSETS FORFEITURE FUND
The agreement includes $20,514,000 for the Assets
Forfeiture Fund.
United States Marshals Service
SALARIES AND EXPENSES
The agreement includes $1,430,000,000 for the salaries and
expenses of the USMS. The agreement clarifies that the
Committees support the budget request for the USMS to lead a
review of government-wide protective operations in order to
help agencies develop their own protective detail standards and
best practices. The USMS is directed to submit a report to the
Committees detailing the results of this review.
CONSTRUCTION
The agreement includes $15,000,000 for construction and
related expenses in space controlled, occupied, or utilized by
the USMS for prisoner holding and related support.
FEDERAL PRISONER DETENTION
The agreement includes $1,867,461,000 for Federal Prisoner
Detention.
National Security Division
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
The agreement includes $110,000,000 for the salaries and
expenses of the National Security Division.
Interagency Law Enforcement
INTERAGENCY CRIME AND DRUG ENFORCEMENT
The agreement includes $550,458,000 for the Organized Crime
and Drug Enforcement Task Forces, of which $382,770,000 is for
investigations and $167,688,000 is for prosecutions.
Federal Bureau of Investigation
SALARIES AND EXPENSES
The agreement includes $9,467,902,000 for the salaries and
expenses of the FBI, including $1,744,451,000 for Intelligence,
$3,869,821,000 for Counterterrorism and Counterintelligence,
$3,269,916,000 for Criminal Enterprises and Federal Crimes, and
$583,714,000 for Criminal Justice Services. House report
language on gun violence data does not stand.
CONSTRUCTION
The agreement includes $485,000,000 for FBI construction,
which supports the Senate language on 21st Century Facilities
and provides funding above the requested level for the FBI to
address its highest priorities outside of the immediate
national capital area, in addition to resources dedicated to
secure work environment projects.
Drug Enforcement Administration
SALARIES AND EXPENSES
The agreement includes a direct appropriation of
$2,279,153,000 for the salaries and expenses of the DEA. In
addition, DEA expects to derive $443,142,000 from fees
deposited in the Diversion Control Fund to carry out the
Diversion Control Program, resulting in $2,722,295,000 in total
spending authority for DEA.
Controlled Substances Act Data Collection and Sharing.--DEA
is directed to continue to establish and utilize data
collection and sharing agreements with other Federal agencies,
and continue to consider other sources of information to
properly assess the estimated rates of overdose deaths and
abuse and the overall public health impact regarding covered
controlled substances as required under section 306(i) of the
Controlled Substances Act (21 U.S.C. 826(i)). Not later than 30
days after the date of enactment of this Act, DEA shall submit
a report to the Committees regarding the establishment and
utilization of such data collection and sharing agreements.
Bureau of Alcohol, Tobacco, Firearms and Explosives
SALARIES AND EXPENSES
The agreement includes $1,400,000,000 for the salaries and
expenses of the Bureau of Alcohol, Tobacco, Firearms and
Explosives.
Illegal Firearms.--House report language is not adopted.
Federal Prison System
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
The agreement includes $7,470,000,000 for the salaries and
expenses of the Federal Prison System. The Senate report
language on the National Institute of Corrections stands.
Federal Correctional Institutions (FCI).--No proposals to
close low security FCIs, including associated camps, in fiscal
year 2020 are supported by the agreement.
BUILDINGS AND FACILITIES
The agreement includes $308,000,000 for the construction,
acquisition, modernization, maintenance, and repair of prison
and detention facilities housing Federal inmates, of which
$181,000,000 is included for construction of new facilities.
Modernization and Repair (M&R) of Existing Facilities.--The
agreement provides $127,000,000 for M&R of existing facilities.
BOP is directed to prioritize repairs that protect life and
safety and is encouraged to prioritize facilities assessed as
having deficiencies of a geological and seismic nature. BOP is
encouraged to expeditiously develop and execute plans to make
repairs without transferring prisoners to other facilities.
LIMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL PRISON INDUSTRIES,
INCORPORATED
The agreement includes a limitation on administrative
expenses of $2,700,000 for Federal Prison Industries,
Incorporated.
State and Local Law Enforcement Activities
In total, the agreement includes $3,278,300,000 for State
and local law enforcement and crime prevention programs. This
amount includes $3,161,300,000 in discretionary budget
authority, of which $435,000,000 is derived by transfer from
the Crime Victims Fund. This amount also includes $117,000,000
scored as mandatory for Public Safety Officer Benefits.
STOP School Violence.--In lieu of House report language on
school design, the Committees encourage the Department to
continue its ongoing work with the Departments of Homeland
Security and Education through the School Safety Clearinghouse,
which facilitates and coordinates interagency efforts to assess
and share best practices related to school security resources,
technologies, and innovations as well as identify safe school
design practices for use by education agencies, law enforcement
agencies, schools, architects, and engineers. The agreement
includes $125,000,000 for STOP School Violence grants, and this
funding is directed to be distributed for covered purpose areas
provided under the STOP School Violence Act of 2018.
Office on Violence Against Women
VIOLENCE AGAINST WOMEN PREVENTION AND PROSECUTION PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
The agreement includes $502,500,000 for the Office on
Violence Against Women. These funds are distributed as follows:
VIOLENCE AGAINST WOMEN PREVENTION AND PROSECUTION PROGRAMS
[in thousands of dollars]
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
STOP Grants............................................. 215,000
Transitional Housing Assistance......................... 37,000
Research and Evaluation on Violence Against Women....... 2,500
Consolidated Youth-Oriented Program..................... 11,500
Grants to Encourage Arrest Policies..................... 53,000
Homicide Reduction Initiative ...................... (4,000)
Sexual Assault Victims Services......................... 38,000
Rural Domestic Violence and Child Abuse Enforcement..... 43,500
Violence on College Campuses............................ 20,000
Civil Legal Assistance.................................. 46,000
Elder Abuse Grant Program............................... 5,000
Family Civil Justice.................................... 17,000
Education and Training for Disabled Female Victims...... 6,000
National Resource Center on Workplace Responses......... 1,000
Research on Violence Against Indian Women............... 1,000
Indian Country Sexual Assault Clearinghouse............. 500
Tribal Special Domestic Violence Criminal Jurisdiction.. 4,000
Rape Survivor Child Custody Act......................... 1,500
---------------
Total, Violence Against Women Prevention and $502,500
Prosecution Programs...........................
------------------------------------------------------------------------
Restrictions on OVW Grants.--It was incredibly troubling to
learn about the new restriction to not fund more than two
discretionary awards to one entity as either the lead or sub-
recipient grantee as part of OVW's grant solicitations for
fiscal year 2020. This change will severely disadvantage small
states; rural communities; tribal communities; and
organizations providing services to specialized populations,
which could limit access to critical victim services. While the
Department has been directed to reduce program duplication,
this restriction is not the appropriate way to accomplish that
goal, and OVW is directed to rescind this restriction.
Office of Justice Programs
RESEARCH, EVALUATION AND STATISTICS
The agreement provides $79,000,000 for the Research,
Evaluation and Statistics account. These funds are distributed
as follows:
RESEARCH, EVALUATION AND STATISTICS
[in thousands of dollars]
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Bureau of Justice Statistics............................ 43,000
National Institute of Justice........................... 36,000
Domestic Radicalization Research.................... (5,000)
Research on School Safety........................... (1,000)
National Study of Law Enforcement Responses to Sex (1,000)
Trafficking of Minors..............................
National Center on Forensics........................ (2,000)
---------------
Total, Research, Evaluation and Statistics...... $79,000
------------------------------------------------------------------------
National Center on Forensics.--In lieu of House report
language on Forensics, the Department is directed to follow the
Senate report language on the National Center on Forensics.
STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
(INCLUDING TRANSFER OF FUNDS)
The agreement includes $1,892,000,000 for State and Local
Law Enforcement Assistance programs. These funds are
distributed as follows:
STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
[in thousands of dollars]
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Byrne Memorial Justice Assistance Grants................ 547,210
Officer Robert Wilson III VALOR Initiative.......... (12,000)
Smart Policing..................................... (7,500)
Smart Prosecution.................................. (8,000)
NamUs.............................................. (2,400)
Academic Based Training Program to Improve Police- (2,500)
Based Responses to People with Mental Illness......
John R. Justice Grant Program....................... (2,000)
Prison Rape Prevention and Prosecution.............. (15,500)
Kevin and Avonte's Law.............................. (2,000)
Regional Law Enforcement Technology Initiative...... (3,000)
Project Safe Neighborhoods.......................... (20,000)
Drug Field Testing and Training Initiative......... (2,000)
Capital Litigation and Wrongful Conviction Review.. (5,500)
Managed Access Systems............................. (2,000)
Collaborative Mental Health and Anti-Recidivism (1,000)
Initiative.........................................
Presidential Nominating Conventions................. (100,000)
Juvenile Indigent Defense.......................... (2,000)
Community Based Violence Prevention................ (8,000)
National Center for Restorative Justice............ (3,000)
State Criminal Alien Assistance Program................. 244,000
Victims of Trafficking Grants........................... 85,000
Economic, High-tech, White Collar and Cybercrime 14,000
Prevention.............................................
Intellectual Property Enforcement Program.......... (2,500)
Digital Investigation Education Program............ (2,000)
Adam Walsh Act Implementation........................... 20,000
Patrick Leahy Bulletproof Vest Partnership Grant Program 27,500
Transfer to NIST/OLES.............................. (1,500)
National Sex Offender Public Website.................... 1,000
National Instant Criminal Background Check System (NICS) 78,290
Initiative.............................................
NICS Act Record Improvement Program................ (25,000)
Paul Coverdell Forensic Science......................... 30,000
DNA Initiative.......................................... 132,000
Debbie Smith DNA Backlog Grants.................... (102,000)
State and Local Forensic Activities................ (19,000)
Kirk Bloodsworth Post-Conviction DNA Testing Grants (7,000)
Sexual Assault Forensic Exam Program Grants........ (4,000)
Community Teams to Reduce the Sexual Assault Kit (SAK) 48,000
Backlog................................................
CASA--Special Advocates................................. 12,000
Tribal Assistance....................................... 38,000
Second Chance Act/Offender Reentry...................... 90,000
Smart Probation.................................... (6,000)
Children of Incarcerated Parents Demo Grants........ (5,000)
Project HOPE Opportunity Probation with Enforcement (4,500)
Pay for Success.................................... (7,500)
Pay for Success (Permanent Supportive Housing (5,000)
Model).............................................
Community Trust Initiative.............................. 67,500
Body Worn Camera Partnership Program............... (22,500)
Justice Reinvestment Initiative.................... (28,000)
Byrne Criminal Justice Innovation Program........... (17,000)
Anti-Opioid and Substance Abuse Initiative.............. 378,000
Drug Courts........................................ (80,000)
Mentally Ill Offender Act.......................... (33,000)
Residential Substance Abuse Treatment.............. (31,000)
Veterans Treatment Courts.......................... (23,000)
Prescription Drug Monitoring....................... (31,000)
Comprehensive Opioid, Stimulant, and Substance (180,000)
Abuse Program......................................
Keep Young Athletes Safe Act of 2018.................... 2,500
STOP School Violence Act................................ 75,000
Emmett Till Grants...................................... 2,000
---------------
Total, State and Local Law Enforcement $1,892,000
Assistance.....................................
------------------------------------------------------------------------
Comprehensive Addiction and Recovery Act (CARA) Programs.--
Funding for these programs is outlined in the Anti-Opioid and
Substance Abuse Initiative section of the State and Local Law
Enforcement Assistance grant table. In lieu of House report
language regarding Medication Assisted Treatment (MAT) and
Residential Substance Abuse Treatment (RSAT), the Office of
Justice Programs (OJP) is directed to publish how MAT is used
in prison-based programs receiving RSAT funds, to include the
number of forms of MAT administered. OJP is further directed to
provide training and technical assistance to State and local
correctional systems on best practices and approaches to enable
these facilities to offer more than one form of MAT. Other
House and Senate direction for programs under the Anti-Opioid
and Substance Abuse Initiative stand.
Strategic Mobile and Response Teams (SMART).--In lieu of
House language on SMART, the Department is directed to provide
the briefing as directed in House Report 115-704 and codified
in Public Law 116-6 on the opportunity to conduct pilot
programs to implement SMART at the Southwest Border.
National Center for Restorative Justice.--It is noted that
the funding, and direction provided in Senate report language,
have moved from the National Institute of Justice (NIJ) to the
Bureau of Justice Assistance as NIJ was unable to properly
manage this program.
JUVENILE JUSTICE PROGRAMS
The agreement includes $320,000,000 for Juvenile Justice
programs. These funds are distributed as follows:
JUVENILE JUSTICE PROGRAMS
[in thousands of dollars]
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Part B--State Formula Grants............................ 63,000
Emergency Planning--Juvenile Detention Facilities... (500)
Youth Mentoring Grants.................................. 97,000
Title V--Delinquency Prevention Incentive Grants........ 42,000
Prevention of Trafficking of Girls.................. (2,000)
Tribal Youth........................................ (5,000)
Children of Incarcerated Parents Web Portal......... (500)
Girls in the Justice System......................... (2,000)
Opioid Affected Youth Initiative.................... (10,000)
Children Exposed to Violence........................ (8,000)
Victims of Child Abuse Programs......................... 27,000
Missing and Exploited Children Programs................. 87,500
Training for Judicial Personnel......................... 3,500
---------------
Total, Juvenile Justice......................... $320,000
------------------------------------------------------------------------
Missing and Exploited Children Programs.--Direction in both
House and Senate reports on Missing and Exploited Children
Programs stands with the exception that the Department is
directed to distribute the increased amount proportionally
among Missing and Exploited Children programs, excluding
research and technical assistance activities.
PUBLIC SAFETY OFFICER BENEFITS
(INCLUDING TRANSFER OF FUNDS)
The agreement includes $141,800,000 for the Public Safety
Officer Benefits program for fiscal year 2020.
Community Oriented Policing Services
COMMUNITY ORIENTED POLICING SERVICES PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
The agreement includes $343,000,000 for Community Oriented
Policing Services (COPS) programs, as follows:
COMMUNITY ORIENTED POLICING SERVICES
[in thousands of dollars]
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
COPS Hiring Grants...................................... 235,000
Tribal Resources Grant Program..................... (27,000)
Community Policing Development/Training and (6,500)
Technical Assistance...............................
Regional Information Sharing Activities............ (38,000)
Tribal Access Program.............................. (3,000)
Law Enforcement Mental Health and Wellness Act..... (5,000)
POLICE Act.............................................. 10,000
Anti-Methamphetamine Task Forces........................ 13,000
Anti-Heroin Task Forces................................. 35,000
STOP School Violence Act................................ 50,000
---------------
Total, Community Oriented Policing Services..... $343,000
------------------------------------------------------------------------
Law Enforcement Training.--The agreement supports the House
report language on law enforcement training and encourages the
COPS Office to make grant funding available for diversity and
inclusion training to organizations with experience in training
law enforcement personnel and criminal justice professionals as
part of Community Policing Development awards.
General Provisions--Department of Justice
(INCLUDING TRANSFER OF FUNDS)
The agreement includes the following general provisions for
the Department of Justice:
Section 201 makes available additional reception and
representation funding for the Attorney General from the
amounts provided in this title.
Section 202 prohibits the use of funds to pay for an
abortion, except in the case of rape or incest, or to preserve
the life of the mother.
Section 203 prohibits the use of funds to require any
person to perform or facilitate the performance of an abortion.
Section 204 establishes that the Director of the Bureau of
Prisons (BOP) is obliged to provide escort services to an
inmate receiving an abortion outside of a Federal facility,
except where this obligation conflicts with the preceding
section.
Section 205 establishes requirements and procedures for
transfer proposals.
Section 206 prohibits the use of funds for transporting
prisoners classified as maximum or high security, other than to
a facility certified by the BOP as appropriately secure.
Section 207 prohibits the use of funds for the purchase or
rental by Federal prisons of audiovisual or electronic media or
equipment, services and materials used primarily for
recreational purposes, except for those items and services
needed for inmate training, religious, or educational purposes.
Section 208 requires review by the Deputy Attorney General
and the Department Investment Review Board prior to the
obligation or expenditure of funds for major information
technology projects.
Section 209 requires the Department to follow reprogramming
procedures prior to any deviation from the program amounts
specified in this title or the reuse of specified deobligated
funds provided in previous years.
Section 210 prohibits the use of funds for A-76
competitions for work performed by employees of BOP or Federal
Prison Industries, Inc.
Section 211 prohibits U.S. Attorneys from holding
additional responsibilities that exempt U.S. Attorneys from
statutory residency requirements.
Section 212 permits up to 2 percent of grant and
reimbursement program funds made available to the OJP to be
used for training and technical assistance and permits up to 2
percent of grant funds made available to that office to be used
for criminal justice research, evaluation and statistics by the
NIJ and the Bureau of Justice Statistics.
Section 213 gives the Attorney General the authority to
waive matching requirements for Second Chance Act adult and
juvenile reentry demonstration projects; State, tribal, and
local reentry courts; and drug treatment programs.
Section 214 waives the requirement that the Attorney
General reserve certain funds from amounts provided for
offender incarceration.
Section 215 prohibits funds, other than funds for the
national instant criminal background check system established
under the Brady Handgun Violence Prevention Act, from being
used to facilitate the transfer of an operable firearm to a
known or suspected agent of a drug cartel where law enforcement
personnel do not continuously monitor or control such firearm.
Section 216 places limitations on the obligation of funds
from certain Department of Justice accounts and funding
sources.
Section 217 allows certain funding to be made available for
use in Performance Partnership Pilots.
Section 218 restates authority related to the Debt
Collection Management (``three percent'') Fund, and requires
the DOJ to notify the Committees of any transfers from the
fund, in compliance with section 505 of this Act.
Section 219 increases the threshold for balances in the
United States Trustee System Fund.
TITLE III
SCIENCE
Office of Science and Technology Policy
The agreement includes $5,544,000 for the Office of Science
and Technology Policy (OSTP).
Research Integrity.--The agreement directs OSTP, as part of
its coordinated assessment on current risks and threats to
research integrity as directed by the Senate report, to also
incorporate and apply the findings of the National Science
Foundation JASON study to better protect the merit review
system and for grantee institutions to maintain balance between
openness and security of scientific research.
National Space Council
The agreement includes $1,965,000 for the activities of the
National Space Council.
National Aeronautics and Space Administration
The agreement includes $22,629,000,000 for the National
Aeronautics and Space Administration (NASA).
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
[in thousands of dollars]
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Science
Earth Science....................................... $1,971,800
Planetary Science.................................. 2,713,400
Astrophysics....................................... 1,306,200
James Webb Space Telescope......................... 423,000
Heliophysics........................................ 724,500
---------------
Total, Science.................................. 7,138,900
---------------
Aeronautics............................................. 783,900
---------------
Space Technology........................................ 1,100,000
---------------
Exploration
Exploration Systems Development.................... 4,582,600
Orion Multi-purpose Crew Vehicle............... 1,406,700
Space Launch System (SLS) Vehicle Deployment... 2,585,900
Exploration Ground Systems..................... 590,000
Exploration Research and Development................ 1,435,000
Advanced Exploration Systems................... 245,000
Advanced Cislunar and Surface Capabilities..... 600,000
Gateway......................................... 450,000
Human Research Program.......................... 140,000
Total, Exploration.......................... 6,017,600
---------------
Space Operations........................................ 4,140,200
---------------
Science, Technology, Engineering, and Mathematics (STEM)
Engagement
NASA Space Grant................................... 48,000
EPSCoR............................................. 24,000
Minority University Research Education Project..... 36,000
STEM Education and Accountability Projects......... 12,000
Total, Science, Technology, Engineering, and 120,000
Mathematics (STEM) Engagement..................
---------------
Safety, Security and Mission Services................... 2,913,300
---------------
Construction and Environmental Compliance and 373,400
Restoration............................................
---------------
Office of Inspector General............................. 41,700
---------------
Total, NASA................................. $22,629,000
------------------------------------------------------------------------
SCIENCE
The agreement includes $7,138,900,000 for Science.
Earth Science.--The agreement includes $1,971,800,000 for
Earth Science and adopts all funding levels designated by the
House and the Senate, except as follows.
Plankton, Aerosol, Cloud ocean Ecosystem (PACE).--The
agreement includes $131,000,000 for PACE.
Climate Absolute Radiance and Refractivity Observatory
(CLARREO).--The agreement includes $26,000,000 for CLARREO.
Deep Space Climate Observatory (DSCOVR).--The agreement
includes $1,700,000 for DSCOVR.
Venture Class Missions.--The agreement includes
$200,000,000 for Venture Class Missions.
Earth Science Research and Analysis.--The agreement directs
no less than $25,000,000 above the requested level for Earth
Science Research and Analysis.
Planetary Science.--The agreement includes $2,713,400,000
for Planetary Science. The agreement modifies House and Senate
language regarding the Europa Clipper and Lander missions to
reflect launch dates of 2025 for the Clipper and 2027 for the
Lander. The agreement includes up to $300,000,000 for the Lunar
Discovery and Exploration program, and up to $170,000,000 for
Commercial Lunar Payload Services (CLPS).
Discovery missions.--The agreement provides up to
$502,700,000 for Discovery missions.
New Frontiers.--The agreement includes up to $190,400,000
for New Frontiers missions.
Mission to Detect, Track, and Characterize Near Earth
Objects (NEO).--While NASA has discontinued efforts on the
proposed Near-Earth Object Camera (NEOCam) mission, the agency
has continued work with the NEOCam team on a more cost-
effective space-based NEO survey mission to fulfill its
obligations under the George E. Brown, Jr., Near-Earth Object
Survey Act (P.L. 109-155), known as the Space-Based Infra-Red
NEO Surveillance System. Within the Planetary Defense funding
provided, the agreement includes $35,600,000 for further
development of the NEO Surveillance mission.
Icy Satellites Surface Technology.--The agreement includes
up to $37,800,000 above the requested level for Icy Satellites
Surface Technology.
James Webb Space Telescope (JWST).--The agreement includes
$423,000,000 for JWST. The agreement also includes a general
provision to maintain the development cost cap for JWST at
$8,802,700,000. NASA and its contractors should strictly adhere
to this cap.
Astrophysics.--The agreement includes $1,306,200,000 for
Astrophysics.
Astrophysics Research.--The agreement includes up to
$250,700,000 for Astrophysics Research.
Hubble Space Telescope.--The agreement includes $90,800,000
for the Hubble Space Telescope.
Stratospheric Observatory for Infrared Astronomy (SOFIA).--
The agreement includes $85,200,000 for SOFIA's ongoing
scientific mission.
Wide-Field Infrared Survey Telescope (WFIRST).--The
agreement includes no less than $510,700,000 for WFIRST. Within
this total, the agreement also includes up to $65,000,000 for
coronagraph technology development. The agreement emphasizes
and reiterates Senate language regarding cost overruns,
schedule delays, and adherence to the $3,200,000,000 cost cap.
Heliophysics.--The agreement includes $724,500,000 for
Heliophysics.
AERONAUTICS
The agreement includes $783,900,000 for Aeronautics.
Aerosciences Evaluation and Test Capabilities (AETC).--The
agreement consolidates and includes full funding for AETC
within Aeronautics, as opposed to consolidation within Safety,
Security, and Mission Services as recommended in the House
report.
SPACE TECHNOLOGY
The agreement includes $1,100,000,000 for Space Technology.
Regional Economic Development Program.--The agreement
includes up to $8,000,000 for the Regional Economic Development
Program. NASA is encouraged to expand the program to all 50
states.
Nuclear Thermal Propulsion.--The agreement provides
$110,000,000 for the development of nuclear thermal propulsion,
of which not less than $80,000,000 shall be for the design of a
flight demonstration by 2024 for which a multi-year plan is
required by both the House and the Senate, within 180 days of
enactment of this Act.
Restore-L/SPace Infrastructure DExterous Robot (SPIDER).--
Senate and House report language regarding Restore-L is
adopted. Restore-L will carry the SPace Infrastructure
DExterous Robot (SPIDER) as a secondary payload, and the
combined Restore-L/SPIDER mission plans to demonstrate both
satellite servicing and in-space robotic manufacturing
technologies. Thus, the agreement combines funding for these
efforts and provides $227,200,000 for Restore-L/SPIDER with no
less than $180,000,000 for Restore-L activities.
Solar Electric Propulsion.--The agreement includes up to
$48,100,000 for Solar Electric Propulsion activities.
Flight Opportunities Program.--The agreement includes no
less than $25,000,000 for the Flight Opportunities Program, of
which $5,000,000 is dedicated for competitively-selected
opportunities in support of payload development and flight of
K-12 and collegiate educational payloads.
Advanced Technologies to Support Air Revitalization
Initiative.--The agreement addresses Advanced Technologies to
Support Air Revitalization Initiative within the Exploration
account.
EXPLORATION
The agreement includes $6,017,600,000 for Exploration.
Orion Multi-Purpose Crew Vehicle.--The agreement includes
$1,406,700,000 for the Orion Multi-Purpose Crew Vehicle.
Space Launch System (SLS).--The agreement includes
$2,585,900,000 for the Space Launch System (SLS). NASA is
reminded that section 70102 of title 51, United States Code,
explicitly authorizes the use of the SLS for, among other
purposes, payloads and missions that contribute to extending
human presence beyond low-Earth orbit, payloads and missions
that would substantially benefit from the unique capabilities
of the SLS, and other compelling circumstances, as determined
by the Administrator.
Exploration Upper Stage.--The agreement includes
$300,000,000 for the Exploration Upper Stage and directs that
it be developed simultaneously with the SLS core stage, to be
used to the maximum extent practicable, including for Earth to
Moon missions and a Moon landing, as directed in the House
report.
Exploration Ground Systems.--In lieu of direction in the
House and Senate reports, the agreement includes $590,000,000
for Exploration Ground Systems.
Second Mobile Launch Platform (MLP-2).-- In lieu of the
House report language, the agreement includes no less than the
request for MLP-2. Current funds for construction are believed
to be sufficient for ongoing MLP-2 work which was contracted by
NASA on July 25, 2019.
Exploration Research and Development.--The agreement
includes $1,435,000,000 for Exploration Research and
Development, and directs that of that amount, $450,000,000 is
for Gateway, $600,000,000 is for Advanced Cislunar and Surface
Capabilities, $140,000,000 is for the Human Research Program,
and $245,000,000 is for Advanced Exploration Systems.
Lunar Lander Development.--Senate report language regarding
Lunar Lander Development is expanded to direct NASA to
prioritize the selection of proposals that emphasize designs
which reduce risk to schedule and engineering, and, above all,
life.
Advanced Technologies to Support Air Revitalization
Initiative.--In lieu of the House report language in Space
Technology, the agreement provides up to $3,500,000 for NASA's
Advanced Technologies to Support Air Revitalization Initiative.
SPACE OPERATIONS
The agreement provides $4,140,200,000 for Space Operations,
including $15,000,000 for commercial low-Earth orbit (LEO)
development, as recommended by the Senate.
NASA's Existing Communications Network and
Infrastructure.--The fiscal year 2020 President's request
includes $3,000,000 for a new Communication Services Program.
The agreement includes up to $3,000,000 for these activities to
explore the feasibility of using commercial communications
services for LEO applications, but does not establish a new
program office. It is noted that any transition would not occur
until at least 2030, and that any transition or purchase of
services would require approval and funding in future
appropriations acts.
SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS ENGAGEMENT
The agreement includes $120,000,000 for Science,
Technology, Engineering, and Mathematics (STEM) Engagement.
Space Grant Program.--The agreement includes $48,000,000
for the Space Grant Program; directs that these amounts be
allocated to State consortia for competitively awarded grants
in support of local, regional, and national STEM needs; and
directs that all 52 participating jurisdictions be supported at
no less than $760,000 each.
Established Program to Stimulate Competitive Research
(EPSCoR).--The agreement includes $24,000,000 for EPSCoR.
Minority University Research and Education Project
(MUREP).--The agreement includes $36,000,000 for MUREP.
STEM Education and Accountability Projects (SEAP).--The
agreement includes $12,000,000 for the SEAP.
Museums and Planetariums.--No less than $5,000,000 is
provided for the Competitive Program for Science Museums,
Planetariums, and NASA Visitor Centers within SEAP, and NASA is
encouraged to follow the program's authorized purpose.
SAFETY, SECURITY AND MISSION SERVICES
The agreement includes $2,913,300,000 for Safety, Security
and Mission Services.
Challenger Center for Space Science Education Trust.--In
tribute to the dedicated crew of the Space Shuttle Challenger,
P.L. 100-404 established a trust fund known as the ``Science,
Space, and Technology Education Trust Fund.'' There is concern
with the continuing lack of availability of investment interest
received from the Trust Fund for quarterly disbursements to the
Challenger Center for Space Science Education. The agreement
directs NASA to work with the Office of Management and Budget
to secure the release of amounts previously withheld from the
Trust Fund that were intended to support the continuity of the
Trust Fund. NASA should work with the Department of the
Treasury Fiscal Service to invest the Trust Fund corpus in par-
value securities, as may be necessary, to ensure that NASA
continues to meet the mandate to provide a minimum of
$1,000,000 in annual payments to the Challenger Center for
Space Science Education from interest earned.
AETC.--The agreement addresses the AETC in the Aeronautics
account.
CONSTRUCTION AND ENVIRONMENTAL COMPLIANCE AND RESTORATION
The agreement includes $373,400,000 for Construction and
Environmental Compliance and Restoration. Included in this
amount is no less than $130,500,000 for NASA's three highest
priority institutional construction of facilities projects. The
agreement also includes the request for Construction of
Facilities for Science, Exploration, and Space Operations.
OFFICE OF INSPECTOR GENERAL
The agreement includes $41,700,000 for the Office of
Inspector General.
ADMINISTRATIVE PROVISIONS
(INCLUDING TRANSFERS OF FUNDS)
The agreement directs that not more than 40 percent of the
amounts made available in this Act for the Gateway; Advanced
Cislunar and Surface Capabilities; Commercial LEO Development;
and Lunar Discovery and Exploration, excluding the Lunar
Reconnaissance Orbiter, may be obligated until the
Administrator submits a multi-year plan.
The agreement also permits a transfer of funds from
Exploration to Construction.
National Science Foundation
The agreement includes $8,278,330,000 for the National
Science Foundation (NSF).
RESEARCH AND RELATED ACTIVITIES
The agreement includes $6,737,200,000 for Research and
Related Activities, including $190,000,000 for EPSCoR. The
agreement reiterates House and Senate report language regarding
support for existing NSF research and research infrastructure
and clarifies that this language excludes funding allocated in
fiscal year 2019 for one-time upgrades or refurbishments.
Artificial Intelligence (AI).--The agreement provides no
less than the requested level for AI activities across NSF.
U.S. Neutron Monitor Network.--The agreement adopts Senate
report language regarding the network, except that NSF shall
submit the required report in coordination with NASA and NOAA.
It is noted that a multi-agency arrangement is in place to
provide for the continuous operation of the Global Oscillation
Network Group solar telescope network. NSF and its partner
agencies are encouraged to consider a similar solution for
neutron monitors.
Historically Black Colleges and Universities Excellence in
Research Program.--The agreement includes $18,000,000 for the
Historically Black Colleges and Universities Excellence in
Research program.
Innovation Corps.--The agreement provides an increase of
$5,000,000 above the fiscal year 2019 level for the Innovation
Corps program and encourages NSF to facilitate greater
participation in the program from academic institutions in
States that have not previously received awards.
MAJOR RESEARCH EQUIPMENT AND FACILITIES CONSTRUCTION
The agreement includes $243,230,000 for Major Research
Equipment and Facilities Construction, including $65,000,000
for Mid-scale research infrastructure.
EDUCATION AND HUMAN RESOURCES
The agreement includes $940,000,000 for Education and Human
Resources, including no less than $75,000,000 for the Advanced
Technological Education program; no less than $35,000,000 for
the Historically Black Colleges and Universities Undergraduate
Program; $47,500,000 for Louis Stokes Alliance for Minority
Participation; $15,000,000 for the Tribal Colleges and
Universities Program; and $67,000,000 for the Robert Noyce
Teacher Scholarship Program.
Hispanic-Serving Institutions (HSIs).--The agreement
provides $45,000,000 for the HSI program and adopts Senate
report language regarding capacity building at institutions of
higher education that typically do not receive high levels of
NSF funding.
AGENCY OPERATIONS AND AWARD MANAGEMENT
The agreement includes $336,900,000 for Agency Operations
and Award Management.
NSF Reprogramming Notification.--In lieu of the Senate
report language regarding the funding threshold for submission
of reprogramming notifications, the agreement directs NSF to
continue its current practice of using the longstanding funding
threshold of $500,000 for reprogramming notifications.
OFFICE OF THE NATIONAL SCIENCE BOARD
The agreement includes $4,500,000 for the National Science
Board.
OFFICE OF INSPECTOR GENERAL
The agreement includes $16,500,000 for the Office of
Inspector General including additional resources to meet new
and increasing investigative workloads.
ADMINISTRATIVE PROVISIONS
(INCLUDING TRANSFER OF FUNDS)
The agreement includes a provision that describes terms and
conditions for the transfer of funds and a provision requiring
notification at least 30 days in advance of the divestment of
certain assets.
TITLE IV
RELATED AGENCIES
Commission on Civil Rights
SALARIES AND EXPENSES
The agreement includes $10,500,000 for the Commission on
Civil Rights.
Equal Employment Opportunity Commission
SALARIES AND EXPENSES
The agreement includes $389,500,000 for the Equal
Employment Opportunity Commission.
International Trade Commission
SALARIES AND EXPENSES
The agreement includes $99,400,000 for the International
Trade Commission.
Legal Services Corporation
PAYMENT TO THE LEGAL SERVICES CORPORATION
The agreement includes $440,000,000 for the Legal Services
Corporation.
Marine Mammal Commission
SALARIES AND EXPENSES
The agreement includes $3,616,000 for the Marine Mammal
Commission.
Office of the United States Trade Representative
The agreement includes a total of $69,000,000 for the
Office of the U.S. Trade Representative (USTR).
De Minimis Thresholds.--The Committees recognize the
importance of securing commercially meaningful de minimis or
``duty-free'' thresholds in other countries, and strongly
support the $800 de minimis level established in the Trade
Facilitation and Trade Enforcement Act (TFTEA) and the higher
de minimis levels in Canada and Mexico secured by USTR through
the negotiation of the United States-Mexico-Canada Agreement
(USMCA).
SALARIES AND EXPENSES
The agreement includes $54,000,000 for the salaries and
expenses of USTR.
TRADE ENFORCEMENT TRUST FUND
(INCLUDING TRANSFER OF FUNDS)
The agreement includes $15,000,000, which is to be derived
from the Trade Enforcement Trust Fund, for trade enforcement
activities and transfers authorized by the Trade Facilitation
and Trade Enforcement Act of 2015.
State Justice Institute
SALARIES AND EXPENSES
The agreement includes $6,555,000 for the State Justice
Institute.
TITLE V
GENERAL PROVISIONS
(INCLUDING RESCISSIONS)
(INCLUDING TRANSFER OF FUNDS)
The agreement includes the following general provisions:
Section 501 prohibits the use of funds for publicity or
propaganda purposes unless expressly authorized by law.
Section 502 prohibits any appropriation contained in this
Act from remaining available for obligation beyond the current
fiscal year unless expressly provided.
Section 503 provides that the expenditure of any
appropriation contained in this Act for any consulting service
through procurement contracts 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 existing Executive order issued
pursuant to existing law.
Section 504 provides that if any provision of this Act or
the application of such provision to any person or circumstance
shall be held invalid, the remainder of this Act and the
application of other provisions shall not be affected.
Section 505 prohibits a reprogramming of funds that: (1)
creates or initiates a new program, project, or activity; (2)
eliminates a program, project, or activity; (3) increases funds
or personnel by any means for any project or activity for which
funds have been denied or restricted; (4) relocates an office
or employee; (5) reorganizes or renames offices, programs, or
activities; (6) contracts out or privatizes any function or
activity presently performed by Federal employees; (7) augments
funds for existing programs, projects, or activities in excess
of $500,000 or 10 percent, whichever is less, or reduces by 10
percent funding for any existing program, project, or activity,
or numbers of personnel by 10 percent; or (8) results from any
general savings, including savings from a reduction in
personnel, which would result in a change in existing programs,
projects, or activities as approved by Congress; unless the
House and Senate Committees on Appropriations are notified 15
days in advance of such reprogramming of funds.
Section 506 provides that if it is determined that any
person intentionally affixes a ``Made in America'' label to any
product that was not made in America that person shall not be
eligible to receive any contract or subcontract with funds made
available in this Act. The section further provides that to the
extent practicable, with respect to purchases of promotional
items, funds made available under this Act shall be used to
purchase items manufactured, produced, or assembled in the
United States or its territories or possessions.
Section 507 requires quarterly reporting to Congress on the
status of balances of appropriations.
Section 508 provides that any costs incurred by a
department or agency funded under this Act resulting from, or
to prevent, personnel actions taken in response to funding
reductions in this Act, or, for the Department of Commerce,
from actions taken for the care and protection of loan
collateral or grant property, shall be absorbed within the
budgetary resources available to the department or agency, and
provides transfer authority between appropriation accounts to
carry out this provision, subject to reprogramming procedures.
Section 509 prohibits funds made available in this Act from
being used to promote the sale or export of tobacco or tobacco
products or to seek the reduction or removal of foreign
restrictions on the marketing of tobacco products, except for
restrictions which are not applied equally to all tobacco or
tobacco products of the same type. This provision is not
intended to impact routine international trade services to all
U.S. citizens, including the processing of applications to
establish foreign trade zones.
Section 510 stipulates the obligations of certain receipts
deposited into the Crime Victims Fund.
Section 511 prohibits the use of Department of Justice
funds for programs that discriminate against or denigrate the
religious or moral beliefs of students participating in such
programs.
Section 512 prohibits the transfer of funds in this
agreement to any department, agency, or instrumentality of the
United States Government, except for transfers made by, or
pursuant to authorities provided in, this agreement or any
other appropriations Act.
Section 513 requires certain timetables of audits performed
by Inspectors General of the Departments of Commerce and
Justice, the National Aeronautics and Space Administration, the
National Science Foundation and the Legal Services Corporation
and sets limits and restrictions on the awarding and use of
grants or contracts funded by amounts appropriated by this Act.
Section 514 prohibits funds for acquisition of certain
information systems unless the acquiring department or agency
has reviewed and assessed certain risks. Any acquisition of
such an information system is contingent upon the development
of a risk mitigation strategy and a determination that the
acquisition is in the national interest. Each department or
agency covered under section 514 shall submit a quarterly
report to the Committees on Appropriations describing reviews
and assessments of risk made pursuant to this section and any
associated findings or determinations.
Section 515 prohibits the use of funds in this Act to
support or justify the use of torture by any official or
contract employee of the United States Government.
Section 516 prohibits the use of funds to include certain
language in trade agreements.
Section 517 prohibits the use of funds in this Act to
authorize or issue a National Security Letter (NSL) in
contravention of certain laws authorizing the Federal Bureau of
Investigation to issue NSLs.
Section 518 requires congressional notification for any
project within the Departments of Commerce or Justice, the
National Science Foundation, or the National Aeronautics and
Space Administration totaling more than $75,000,000 that has
cost increases of 10 percent or more.
Section 519 deems funds for intelligence or intelligence-
related activities as authorized by the Congress until the
enactment of the Intelligence Authorization Act for fiscal year
2020.
Section 520 prohibits contracts or grant awards in excess
of $5,000,000 unless the prospective contractor or grantee
certifies that the organization has filed all Federal tax
returns, has not been convicted of a criminal offense under the
Internal Revenue Code of 1986, and has no unpaid Federal tax
assessment.
(RESCISSIONS)
Section 521 provides for rescissions of unobligated
balances. Subsection (d) requires the Departments of Commerce
and Justice, and NASA, to submit a report on the amount of each
rescission. These reports shall include the distribution of
such rescissions among decision units, or, in the case of
rescissions from grant accounts, the distribution of such
rescissions among specific grant programs, and whether such
rescissions were taken from recoveries and deobligations, or
from funds that were never obligated. Rescissions shall be
applied to discretionary budget authority balances that were
not appropriated with emergency or disaster relief
designations.
Section 522 prohibits the use of funds in this Act for the
purchase of first class or premium air travel in contravention
of the Code of Federal Regulations.
Section 523 prohibits the use of funds to pay for the
attendance of more than 50 department or agency employees, who
are stationed in the United States, at any single conference
outside the United States, unless the conference is: (1) a law
enforcement training or operational event where the majority of
Federal attendees are law enforcement personnel stationed
outside the United States, or (2) a scientific conference for
which the department or agency head has notified the House and
Senate Committees on Appropriations that such attendance is in
the national interest, along with the basis for such
determination.
Section 524 requires any department, agency, or
instrumentality of the United States Government receiving funds
appropriated under this Act to track and report on undisbursed
balances in expired grant accounts.
Section 525 requires, when practicable, the use of funds in
this Act to purchase light bulbs that have the ``Energy Star''
or ``Federal Energy Management Program'' designation.
Section 526 prohibits the use of funds by NASA, OSTP, or
the National Space Council (NSC) to engage in bilateral
activities with China or a Chinese-owned company or effectuate
the hosting of official Chinese visitors at certain facilities
unless the activities are authorized by subsequent legislation
or NASA, OSTP, or NSC have made a certification pursuant to
subsections (c) and (d) of this section.
Section 527 prohibits the use of funds to establish or
maintain a computer network that does not block pornography,
except for law enforcement and victim assistance purposes.
Section 528 requires the departments and agencies funded in
this Act to submit spending plans.
Section 529 prohibits funds to pay for award or incentive
fees for contractors with below satisfactory performance or
performance that fails to meet the basic requirements of the
contract.
Section 530 prohibits the use of funds by the Department of
Justice or the Drug Enforcement Administration in contravention
of a certain section of the Agricultural Act of 2014.
Section 531 prohibits the Department of Justice from
preventing certain States from implementing State laws
regarding the use of medical marijuana.
Section 532 requires quarterly reports from the Department
of Commerce, the National Aeronautics and Space Administration,
and the National Science Foundation of travel to China.
Section 533 requires 10 percent of the funds for certain
programs be allocated for assistance in persistent poverty
counties.
Section 534 includes language regarding detainees held at
Guantanamo Bay.
Section 535 includes language regarding facilities for
housing detainees held at Guantanamo Bay.
Section 536 limits formulation and development costs for
the James Webb Space Telescope.
Section 537 prohibits the use of funds in this Act to
require certain export licenses.
Section 538 prohibits the use of funds in this Act to deny
certain import applications regarding ``curios or relics''
firearms, parts, or ammunition.
Section 539 prohibits funds from being used to deny the
importation of shotgun models if no application for the
importation of such models, in the same configuration, had been
denied prior to January 1, 2011, on the basis that the shotgun
was not particularly suitable for or readily adaptable to
sporting purposes.
Section 540 prohibits the use of funds to implement the
Arms Trade Treaty until the Senate approves a resolution of
ratification for the Treaty.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
=======================================================================
[House Appropriations Committee Print]
Consolidated Appropriations Act, 2020
(H.R. 1158; P.L. 116-93)
DIVISION C--FINANCIAL SERVICES AND
GENERAL GOVERNMENT APPROPRIATIONS ACT, 2020
=======================================================================
DIVISION C--FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS
ACT, 2020
TITLE I
DEPARTMENT OF THE TREASURY
Departmental Offices
salaries and expenses
For necessary expenses of the Departmental Offices including
operation and maintenance of the Treasury Building and
Freedman's Bank Building; hire of passenger motor vehicles;
maintenance, repairs, and improvements of, and purchase of
commercial insurance policies for, real properties leased or
owned overseas, when necessary for the performance of official
business; executive direction program activities; international
affairs and economic policy activities; domestic finance and
tax policy activities, including technical assistance to State,
local, and territorial entities; and Treasury-wide management
policies and programs activities, $228,373,000: Provided, That
of the amount appropriated under this heading--
(1) not to exceed $350,000 is for official reception
and representation expenses;
(2) not to exceed $258,000 is for unforeseen
emergencies of a confidential nature to be allocated
and expended under the direction of the Secretary of
the Treasury and to be accounted for solely on the
Secretary's certificate; and
(3) not to exceed $24,000,000 shall remain available
until September 30, 2021, for--
(A) the Treasury-wide Financial Statement
Audit and Internal Control Program;
(B) information technology modernization
requirements;
(C) the audit, oversight, and administration
of the Gulf Coast Restoration Trust Fund;
(D) the development and implementation of
programs within the Office of Critical
Infrastructure Protection and Compliance
Policy, including entering into cooperative
agreements;
(E) operations and maintenance of facilities;
and
(F) international operations.
committee on foreign investment in the united states fund
(including transfer of funds)
For necessary expenses of the Committee on Foreign Investment
in the United States, $20,000,000, to remain available until
expended: Provided, That the chairperson of the Committee may
transfer such amounts to any department or agency represented
on the Committee (including the Department of the Treasury)
subject to advance notification to the Committees on
Appropriations of the House of Representatives and the Senate:
Provided further, That amounts so transferred shall remain
available until expended for expenses of implementing section
721 of the Defense Production Act of 1950, as amended (50
U.S.C. 4565), and shall be available in addition to any other
funds available to any department or agency: Provided further,
That fees authorized by section 721(p) of such Act shall be
credited to this appropriation as offsetting collections:
Provided further, That the total amount appropriated under this
heading from the general fund shall be reduced as such
offsetting collections are received during fiscal year 2020, so
as to result in a total appropriation from the general fund
estimated at not more than $10,000,000.
office of terrorism and financial intelligence
salaries and expenses
For the necessary expenses of the Office of Terrorism and
Financial Intelligence to safeguard the financial system
against illicit use and to combat rogue nations, terrorist
facilitators, weapons of mass destruction proliferators, human
rights abusers, money launderers, drug kingpins, and other
national security threats, $169,712,000, of which not less than
$3,000,000 shall be available for addressing human rights
violations and corruption, including activities authorized by
the Global Magnitsky Human Rights Accountability Act (22 U.S.C.
2656 note): Provided, That of the amounts appropriated under
this heading, up to $10,000,000 shall remain available until
September 30, 2021.
cybersecurity enhancement account
For salaries and expenses for enhanced cybersecurity for
systems operated by the Department of the Treasury,
$18,000,000, to remain available until September 30, 2022:
Provided, That such funds shall supplement and not supplant any
other amounts made available to the Treasury offices and
bureaus for cybersecurity: Provided further, That of the total
amount made available under this heading $1,000,000 shall be
available for administrative expenses for the Treasury Chief
Information Officer to provide oversight of the investments
made under this heading: Provided further, That such funds
shall supplement and not supplant any other amounts made
available to the Treasury Chief Information Officer.
department-wide systems and capital investments programs
(including transfer of funds)
For development and acquisition of automatic data processing
equipment, software, and services and for repairs and
renovations to buildings owned by the Department of the
Treasury, $6,118,000, to remain available until September 30,
2022: Provided, That these funds shall be transferred to
accounts and in amounts as necessary to satisfy the
requirements of the Department's offices, bureaus, and other
organizations: Provided further, That this transfer authority
shall be in addition to any other transfer authority provided
in this Act: Provided further, That none of the funds
appropriated under this heading shall be used to support or
supplement ``Internal Revenue Service, Operations Support'' or
``Internal Revenue Service, Business Systems Modernization''.
office of inspector general
salaries and expenses
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of
1978, $41,044,000, including hire of passenger motor vehicles;
of which not to exceed $100,000 shall be available for
unforeseen emergencies of a confidential nature, to be
allocated and expended under the direction of the Inspector
General of the Treasury; of which up to $2,800,000 to remain
available until September 30, 2021, shall be for audits and
investigations conducted pursuant to section 1608 of the
Resources and Ecosystems Sustainability, Tourist Opportunities,
and Revived Economies of the Gulf Coast States Act of 2012 (33
U.S.C. 1321 note); and of which not to exceed $1,000 shall be
available for official reception and representation expenses.
treasury inspector general for tax administration
salaries and expenses
For necessary expenses of the Treasury Inspector General for
Tax Administration in carrying out the Inspector General Act of
1978, as amended, including purchase and hire of passenger
motor vehicles (31 U.S.C. 1343(b)); and services authorized by
5 U.S.C. 3109, at such rates as may be determined by the
Inspector General for Tax Administration; $170,250,000, of
which $5,000,000 shall remain available until September 30,
2021; of which not to exceed $6,000,000 shall be available for
official travel expenses; of which not to exceed $500,000 shall
be available for unforeseen emergencies of a confidential
nature, to be allocated and expended under the direction of the
Inspector General for Tax Administration; and of which not to
exceed $1,500 shall be available for official reception and
representation expenses.
special inspector general for the troubled asset relief program
salaries and expenses
For necessary expenses of the Office of the Special Inspector
General in carrying out the provisions of the Emergency
Economic Stabilization Act of 2008 (Public Law 110-343),
$22,000,000.
Financial Crimes Enforcement Network
salaries and expenses
For necessary expenses of the Financial Crimes Enforcement
Network, including hire of passenger motor vehicles; travel and
training expenses of non-Federal and foreign government
personnel to attend meetings and training concerned with
domestic and foreign financial intelligence activities, law
enforcement, and financial regulation; services authorized by 5
U.S.C. 3109; not to exceed $12,000 for official reception and
representation expenses; and for assistance to Federal law
enforcement agencies, with or without reimbursement,
$126,000,000, of which not to exceed $34,335,000 shall remain
available until September 30, 2022.
Bureau of the Fiscal Service
salaries and expenses
For necessary expenses of operations of the Bureau of the
Fiscal Service, $340,280,000; of which not to exceed
$8,000,000, to remain available until September 30, 2022, is
for information systems modernization initiatives; and of which
$5,000 shall be available for official reception and
representation expenses.
In addition, $165,000, to be derived from the Oil Spill
Liability Trust Fund to reimburse administrative and personnel
expenses for financial management of the Fund, as authorized by
section 1012 of Public Law 101-380.
Alcohol and Tobacco Tax and Trade Bureau
salaries and expenses
For necessary expenses of carrying out section 1111 of the
Homeland Security Act of 2002, including hire of passenger
motor vehicles, $119,600,000; of which not to exceed $6,000 for
official reception and representation expenses; and of which
not to exceed $50,000 shall be available for cooperative
research and development programs for laboratory services; and
provision of laboratory assistance to State and local agencies
with or without reimbursement: Provided, That of the amount
appropriated under this heading, $5,000,000 shall be for the
costs of accelerating the processing of formula and label
applications: Provided further, That of the amount
appropriated under this heading, $5,000,000, to remain
available until September 30, 2021, shall be for the costs
associated with enforcement of the trade practice provisions of
the Federal Alcohol Administration Act (27 U.S.C. 201 et seq.).
United States Mint
united states mint public enterprise fund
Pursuant to section 5136 of title 31, United States Code, the
United States Mint is provided funding through the United
States Mint Public Enterprise Fund for costs associated with
the production of circulating coins, numismatic coins, and
protective services, including both operating expenses and
capital investments: Provided, That the aggregate amount of
new liabilities and obligations incurred during fiscal year
2020 under such section 5136 for circulating coinage and
protective service capital investments of the United States
Mint shall not exceed $30,000,000.
Community Development Financial Institutions Fund Program Account
To carry out the Riegle Community Development and Regulatory
Improvement Act of 1994 (subtitle A of title I of Public Law
103-325), including services authorized by section 3109 of
title 5, United States Code, but at rates for individuals not
to exceed the per diem rate equivalent to the rate for EX-III,
$262,000,000. Of the amount appropriated under this heading--
(1) not less than $165,500,000, notwithstanding
section 108(e) of Public Law 103-325 (12 U.S.C.
4707(e)) with regard to Small and/or Emerging Community
Development Financial Institutions Assistance awards,
is available until September 30, 2021, for financial
assistance and technical assistance under subparagraphs
(A) and (B) of section 108(a)(1), respectively, of
Public Law 103-325 (12 U.S.C. 4707(a)(1)(A) and (B)),
of which up to $1,600,000 may be available for training
and outreach under section 109 of Public Law 103-325
(12 U.S.C. 4708), of which up to $2,397,500 may be used
for the cost of direct loans, of which up to
$4,000,000, notwithstanding subsection (d) of section
108 of Public Law 103-325 (12 U.S.C. 4707 (d)), may be
available to provide financial assistance, technical
assistance, training, and outreach to community
development financial institutions to expand
investments that benefit individuals with disabilities,
and of which not less than $2,000,000 shall be for the
Economic Mobility Corps to be operated in conjunction
with the Corporation for National and Community
Service, pursuant to 42 U.S.C. 12571: Provided, That
the cost of direct and guaranteed loans, including the
cost of modifying such loans, shall be as defined in
section 502 of the Congressional Budget Act of 1974:
Provided further, That these funds are available to
subsidize gross obligations for the principal amount of
direct loans not to exceed $25,000,000: Provided
further, That of the funds provided under this
paragraph, excluding those made to community
development financial institutions to expand
investments that benefit individuals with disabilities
and those made to community development financial
institutions that serve populations living in
persistent poverty counties, the CDFI Fund shall
prioritize Financial Assistance awards to organizations
that invest and lend in high-poverty areas: Provided
further, That for purposes of this section, the term
``high-poverty area'' means any census tract with a
poverty rate of at least 20 percent as measured by the
2011-2015 5-year data series available from the
American Community Survey of the Bureau of the Census
for all States and Puerto Rico or with a poverty rate
of at least 20 percent as measured by the 2010 Island
Areas Decennial Census data for any other territory or
possession of the United States;
(2) not less than $16,000,000, notwithstanding
section 108(e) of Public Law 103-325 (12 U.S.C.
4707(e)), is available until September 30, 2021, for
financial assistance, technical assistance, training,
and outreach programs designed to benefit Native
American, Native Hawaiian, and Alaska Native
communities and provided primarily through qualified
community development lender organizations with
experience and expertise in community development
banking and lending in Indian country, Native American
organizations, tribes and tribal organizations, and
other suitable providers;
(3) not less than $25,000,000 is available until
September 30, 2021, for the Bank Enterprise Award
program;
(4) not less than $22,000,000, notwithstanding
subsections (d) and (e) of section 108 of Public Law
103-325 (12 U.S.C. 4707(d) and (e)), is available until
September 30, 2021, for a Healthy Food Financing
Initiative to provide financial assistance, technical
assistance, training, and outreach to community
development financial institutions for the purpose of
offering affordable financing and technical assistance
to expand the availability of healthy food options in
distressed communities;
(5) not less than $5,000,000 is available until
September 30, 2021, to provide grants for loan loss
reserve funds and to provide technical assistance for
small dollar loan programs under section 122 of Public
Law 103-325 (12 U.S.C. 4719): Provided, That sections
108(d) and 122(b)(2) of such Public Law shall not apply
to the provision of such grants and technical
assistance;
(6) up to $28,500,000 is available until September
30, 2020, for administrative expenses, including
administration of CDFI Fund programs and the New
Markets Tax Credit Program, of which not less than
$1,000,000 is for development of tools to better assess
and inform CDFI investment performance, and up to
$300,000 is for administrative expenses to carry out
the direct loan program; and
(7) during fiscal year 2020, none of the funds
available under this heading are available for the
cost, as defined in section 502 of the Congressional
Budget Act of 1974, of commitments to guarantee bonds
and notes under section 114A of the Riegle Community
Development and Regulatory Improvement Act of 1994 (12
U.S.C. 4713a): Provided, That commitments to guarantee
bonds and notes under such section 114A shall not
exceed $500,000,000: Provided further, That such
section 114A shall remain in effect until December 31,
2020: Provided further, That of the funds awarded
under this heading, not less than 10 percent shall be
used for awards that support investments that serve
populations living in persistent poverty counties:
Provided further, That for the purposes of this
paragraph and paragraph (1) the term ``persistent
poverty counties'' means any county, including county
equivalent areas in Puerto Rico, that has had 20
percent or more of its population living in poverty
over the past 30 years, as measured by the 1990 and
2000 decennial censuses and the 2011-2015 5-year data
series available from the American Community Survey of
the Bureau of the Census or any other territory or
possession of the United States that has had 20 percent
or more of its population living in poverty over the
past 30 years, as measured by the 1990, 2000 and 2010
Island Areas Decennial Censuses, or equivalent data, of
the Bureau of the Census.
Internal Revenue Service
taxpayer services
For necessary expenses of the Internal Revenue Service to
provide taxpayer services, including pre-filing assistance and
education, filing and account services, taxpayer advocacy
services, and other services as authorized by 5 U.S.C. 3109, at
such rates as may be determined by the Commissioner,
$2,511,554,000, of which not less than $11,000,000 shall be for
the Tax Counseling for the Elderly Program, of which not less
than $12,000,000 shall be available for low-income taxpayer
clinic grants, of which not less than $25,000,000, to remain
available until September 30, 2021, shall be available for the
Community Volunteer Income Tax Assistance Matching Grants
Program for tax return preparation assistance, and of which not
less than $209,000,000 shall be available for operating
expenses of the Taxpayer Advocate Service: Provided, That of
the amounts made available for the Taxpayer Advocate Service,
not less than $5,500,000 shall be for identity theft and refund
fraud casework.
enforcement
For necessary expenses for tax enforcement activities of the
Internal Revenue Service to determine and collect owed taxes,
to provide legal and litigation support, to conduct criminal
investigations, to enforce criminal statutes related to
violations of internal revenue laws and other financial crimes,
to purchase and hire passenger motor vehicles (31 U.S.C.
1343(b)), and to provide other services as authorized by 5
U.S.C. 3109, at such rates as may be determined by the
Commissioner, $5,010,000,000, of which not to exceed
$250,000,000 shall remain available until September 30, 2021;
of which not less than $60,257,000 shall be for the Interagency
Crime and Drug Enforcement program; and of which not to exceed
$15,000,000 shall be for investigative technology for the
Criminal Investigation Division: Provided, That the amount
made available for investigative technology for the Criminal
Investigation Division shall be in addition to amounts made
available for the Criminal Investigation Division under the
``Operations Support'' heading.
operations support
For necessary expenses of the Internal Revenue Service to
support taxpayer services and enforcement programs, including
rent payments; facilities services; printing; postage; physical
security; headquarters and other IRS-wide administration
activities; research and statistics of income;
telecommunications; information technology development,
enhancement, operations, maintenance, and security; the hire of
passenger motor vehicles (31 U.S.C. 1343(b)); the operations of
the Internal Revenue Service Oversight Board; and other
services as authorized by 5 U.S.C. 3109, at such rates as may
be determined by the Commissioner; $3,808,500,000, of which not
to exceed $250,000,000 shall remain available until September
30, 2021; of which not to exceed $10,000,000 shall remain
available until expended for acquisition of equipment and
construction, repair and renovation of facilities; of which not
to exceed $1,000,000 shall remain available until September 30,
2022, for research; of which not less than $10,000,000, to
remain available until expended, shall be available for
establishment of an application through which entities
registering and renewing registrations in the System for Award
Management may request an authenticated electronic
certification stating that the entity does or does not have a
seriously delinquent tax debt; and of which not to exceed
$20,000 shall be for official reception and representation
expenses: Provided, That not later than 30 days after the end
of each quarter, the Internal Revenue Service shall submit a
report to the Committees on Appropriations of the House of
Representatives and the Senate and the Comptroller General of
the United States detailing the cost and schedule performance
for its major information technology investments, including the
purpose and life-cycle stages of the investments; the reasons
for any cost and schedule variances; the risks of such
investments and strategies the Internal Revenue Service is
using to mitigate such risks; and the expected developmental
milestones to be achieved and costs to be incurred in the next
quarter: Provided further, That the Internal Revenue Service
shall include, in its budget justification for fiscal year
2021, a summary of cost and schedule performance information
for its major information technology systems.
business systems modernization
For necessary expenses of the Internal Revenue Service's
business systems modernization program, $180,000,000, to remain
available until September 30, 2022, for the capital asset
acquisition of information technology systems, including
management and related contractual costs of said acquisitions,
including related Internal Revenue Service labor costs, and
contractual costs associated with operations authorized by 5
U.S.C. 3109: Provided, That not later than 30 days after the
end of each quarter, the Internal Revenue Service shall submit
a report to the Committees on Appropriations of the House of
Representatives and the Senate and the Comptroller General of
the United States detailing the cost and schedule performance
for major information technology investments, including the
purposes and life-cycle stages of the investments; the reasons
for any cost and schedule variances; the risks of such
investments and the strategies the Internal Revenue Service is
using to mitigate such risks; and the expected developmental
milestones to be achieved and costs to be incurred in the next
quarter.
administrative provisions--internal revenue service
(including transfer of funds)
Sec. 101. Not to exceed 4 percent of the appropriation made
available in this Act to the Internal Revenue Service under the
``Enforcement'' heading, and not to exceed 5 percent of any
other appropriation made available in this Act to the Internal
Revenue Service, may be transferred to any other Internal
Revenue Service appropriation upon the advance approval of the
Committees on Appropriations of the House of Representatives
and the Senate.
Sec. 102. The Internal Revenue Service shall maintain an
employee training program, which shall include the following
topics: taxpayers' rights, dealing courteously with taxpayers,
cross-cultural relations, ethics, and the impartial application
of tax law.
Sec. 103. The Internal Revenue Service shall institute and
enforce policies and procedures that will safeguard the
confidentiality of taxpayer information and protect taxpayers
against identity theft.
Sec. 104. Funds made available by this or any other Act to
the Internal Revenue Service shall be available for improved
facilities and increased staffing to provide sufficient and
effective 1-800 help line service for taxpayers. The
Commissioner shall continue to make improvements to the
Internal Revenue Service 1-800 help line service a priority and
allocate resources necessary to enhance the response time to
taxpayer communications, particularly with regard to victims of
tax-related crimes.
Sec. 105. The Internal Revenue Service shall issue a notice
of confirmation of any address change relating to an employer
making employment tax payments, and such notice shall be sent
to both the employer's former and new address and an officer or
employee of the Internal Revenue Service shall give special
consideration to an offer-in-compromise from a taxpayer who has
been the victim of fraud by a third party payroll tax preparer.
Sec. 106. None of the funds made available under this Act
may be used by the Internal Revenue Service to target citizens
of the United States for exercising any right guaranteed under
the First Amendment to the Constitution of the United States.
Sec. 107. None of the funds made available in this Act may
be used by the Internal Revenue Service to target groups for
regulatory scrutiny based on their ideological beliefs.
Sec. 108. None of funds made available by this Act to the
Internal Revenue Service shall be obligated or expended on
conferences that do not adhere to the procedures, verification
processes, documentation requirements, and policies issued by
the Chief Financial Officer, Human Capital Office, and Agency-
Wide Shared Services as a result of the recommendations in the
report published on May 31, 2013, by the Treasury Inspector
General for Tax Administration entitled ``Review of the August
2010 Small Business/Self-Employed Division's Conference in
Anaheim, California'' (Reference Number 2013-10-037).
Sec. 109. None of the funds made available in this Act to
the Internal Revenue Service may be obligated or expended--
(1) to make a payment to any employee under a bonus,
award, or recognition program; or
(2) under any hiring or personnel selection process
with respect to re-hiring a former employee;
unless such program or process takes into account the conduct
and Federal tax compliance of such employee or former employee.
Sec. 110. None of the funds made available by this Act may
be used in contravention of section 6103 of the Internal
Revenue Code of 1986 (relating to confidentiality and
disclosure of returns and return information).
Administrative Provisions--Department of the Treasury
(including transfers of funds)
Sec. 111. Appropriations to the Department of the Treasury
in this Act shall be available for uniforms or allowances
therefor, as authorized by law (5 U.S.C. 5901), including
maintenance, repairs, and cleaning; purchase of insurance for
official motor vehicles operated in foreign countries; purchase
of motor vehicles without regard to the general purchase price
limitations for vehicles purchased and used overseas for the
current fiscal year; entering into contracts with the
Department of State for the furnishing of health and medical
services to employees and their dependents serving in foreign
countries; and services authorized by 5 U.S.C. 3109.
Sec. 112. Not to exceed 2 percent of any appropriations in
this title made available under the headings ``Departmental
Offices--Salaries and Expenses'', ``Office of Inspector
General'', ``Special Inspector General for the Troubled Asset
Relief Program'', ``Financial Crimes Enforcement Network'',
``Bureau of the Fiscal Service'', and ``Alcohol and Tobacco Tax
and Trade Bureau'' may be transferred between such
appropriations upon the advance approval of the Committees on
Appropriations of the House of Representatives and the Senate:
Provided, That no transfer under this section may increase or
decrease any such appropriation by more than 2 percent.
Sec. 113. Not to exceed 2 percent of any appropriation made
available in this Act to the Internal Revenue Service may be
transferred to the Treasury Inspector General for Tax
Administration's appropriation upon the advance approval of the
Committees on Appropriations of the House of Representatives
and the Senate: Provided, That no transfer may increase or
decrease any such appropriation by more than 2 percent.
Sec. 114. None of the funds appropriated in this Act or
otherwise available to the Department of the Treasury or the
Bureau of Engraving and Printing may be used to redesign the $1
Federal Reserve note.
Sec. 115. The Secretary of the Treasury may transfer funds
from the ``Bureau of the Fiscal Service--Salaries and
Expenses'' to the Debt Collection Fund as necessary to cover
the costs of debt collection: Provided, That such amounts
shall be reimbursed to such salaries and expenses account from
debt collections received in the Debt Collection Fund.
Sec. 116. None of the funds appropriated or otherwise made
available by this or any other Act may be used by the United
States Mint to construct or operate any museum without the
explicit approval of the Committees on Appropriations of the
House of Representatives and the Senate, the House Committee on
Financial Services, and the Senate Committee on Banking,
Housing, and Urban Affairs.
Sec. 117. None of the funds appropriated or otherwise made
available by this or any other Act or source to the Department
of the Treasury, the Bureau of Engraving and Printing, and the
United States Mint, individually or collectively, may be used
to consolidate any or all functions of the Bureau of Engraving
and Printing and the United States Mint without the explicit
approval of the House Committee on Financial Services; the
Senate Committee on Banking, Housing, and Urban Affairs; and
the Committees on Appropriations of the House of
Representatives and the Senate.
Sec. 118. Funds appropriated by this Act, or made available
by the transfer of funds in this Act, for the Department of the
Treasury's intelligence or intelligence related activities are
deemed to be specifically authorized by the Congress for
purposes of section 504 of the National Security Act of 1947
(50 U.S.C. 414) during fiscal year 2020 until the enactment of
the Intelligence Authorization Act for Fiscal Year 2020.
Sec. 119. Not to exceed $5,000 shall be made available from
the Bureau of Engraving and Printing's Industrial Revolving
Fund for necessary official reception and representation
expenses.
Sec. 120. The Secretary of the Treasury shall submit a
Capital Investment Plan to the Committees on Appropriations of
the Senate and the House of Representatives not later than 30
days following the submission of the annual budget submitted by
the President: Provided, That such Capital Investment Plan
shall include capital investment spending from all accounts
within the Department of the Treasury, including but not
limited to the Department-wide Systems and Capital Investment
Programs account, Treasury Franchise Fund account, and the
Treasury Forfeiture Fund account: Provided further, That such
Capital Investment Plan shall include expenditures occurring in
previous fiscal years for each capital investment project that
has not been fully completed.
Sec. 121. Within 45 days after the date of enactment of this
Act, the Secretary of the Treasury shall submit an itemized
report to the Committees on Appropriations of the House of
Representatives and the Senate on the amount of total funds
charged to each office by the Franchise Fund including the
amount charged for each service provided by the Franchise Fund
to each office, a detailed description of the services, a
detailed explanation of how each charge for each service is
calculated, and a description of the role customers have in
governing in the Franchise Fund.
Sec. 122. During fiscal year 2020--
(1) none of the funds made available in this or any
other Act may be used by the Department of the
Treasury, including the Internal Revenue Service, to
issue, revise, or finalize any regulation, revenue
ruling, or other guidance not limited to a particular
taxpayer relating to the standard which is used to
determine whether an organization is operated
exclusively for the promotion of social welfare for
purposes of section 501(c)(4) of the Internal Revenue
Code of 1986 (including the proposed regulations
published at 78 Fed. Reg. 71535 (November 29, 2013));
and
(2) the standard and definitions as in effect on
January 1, 2010, which are used to make such
determinations shall apply after the date of the
enactment of this Act for purposes of determining
status under section 501(c)(4) of such Code of
organizations created on, before, or after such date.
Sec. 123. (a) Not later than 60 days after the end of each
quarter, the Office of Financial Stability and the Office of
Financial Research shall submit reports on their activities to
the Committees on Appropriations of the House of
Representatives and the Senate, the Committee on Financial
Services of the House of Representatives and the Senate
Committee on Banking, Housing, and Urban Affairs.
(b) The reports required under subsection (a) shall include--
(1) the obligations made during the previous quarter
by object class, office, and activity;
(2) the estimated obligations for the remainder of
the fiscal year by object class, office, and activity;
(3) the number of full-time equivalents within each
office during the previous quarter;
(4) the estimated number of full-time equivalents
within each office for the remainder of the fiscal
year; and
(5) actions taken to achieve the goals, objectives,
and performance measures of each office.
(c) At the request of any such Committees specified in
subsection (a), the Office of Financial Stability and the
Office of Financial Research shall make officials available to
testify on the contents of the reports required under
subsection (a).
Sec. 124. In addition to the amounts otherwise made
available to the Department of the Treasury, $25,000,000, to
remain available until expended, shall be for expenses
associated with digitization and distribution of the
Department's records of matured savings bonds that have not
been redeemed.
This title may be cited as the ``Department of the Treasury
Appropriations Act, 2020''.
TITLE II
EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE
PRESIDENT
The White House
salaries and expenses
For necessary expenses for the White House as authorized by
law, including not to exceed $3,850,000 for services as
authorized by 5 U.S.C. 3109 and 3 U.S.C. 105; subsistence
expenses as authorized by 3 U.S.C. 105, which shall be expended
and accounted for as provided in that section; hire of
passenger motor vehicles, and travel (not to exceed $100,000 to
be expended and accounted for as provided by 3 U.S.C. 103); and
not to exceed $19,000 for official reception and representation
expenses, to be available for allocation within the Executive
Office of the President; and for necessary expenses of the
Office of Policy Development, including services as authorized
by 5 U.S.C. 3109 and 3 U.S.C. 107, $55,000,000.
Executive Residence at the White House
operating expenses
For necessary expenses of the Executive Residence at the
White House, $13,081,000, to be expended and accounted for as
provided by 3 U.S.C. 105, 109, 110, and 112-114.
reimbursable expenses
For the reimbursable expenses of the Executive Residence at
the White House, such sums as may be necessary: Provided, That
all reimbursable operating expenses of the Executive Residence
shall be made in accordance with the provisions of this
paragraph: Provided further, That, notwithstanding any other
provision of law, such amount for reimbursable operating
expenses shall be the exclusive authority of the Executive
Residence to incur obligations and to receive offsetting
collections, for such expenses: Provided further, That the
Executive Residence shall require each person sponsoring a
reimbursable political event to pay in advance an amount equal
to the estimated cost of the event, and all such advance
payments shall be credited to this account and remain available
until expended: Provided further, That the Executive Residence
shall require the national committee of the political party of
the President to maintain on deposit $25,000, to be separately
accounted for and available for expenses relating to
reimbursable political events sponsored by such committee
during such fiscal year: Provided further, That the Executive
Residence shall ensure that a written notice of any amount owed
for a reimbursable operating expense under this paragraph is
submitted to the person owing such amount within 60 days after
such expense is incurred, and that such amount is collected
within 30 days after the submission of such notice: Provided
further, That the Executive Residence shall charge interest and
assess penalties and other charges on any such amount that is
not reimbursed within such 30 days, in accordance with the
interest and penalty provisions applicable to an outstanding
debt on a United States Government claim under 31 U.S.C. 3717:
Provided further, That each such amount that is reimbursed, and
any accompanying interest and charges, shall be deposited in
the Treasury as miscellaneous receipts: Provided further, That
the Executive Residence shall prepare and submit to the
Committees on Appropriations, by not later than 90 days after
the end of the fiscal year covered by this Act, a report
setting forth the reimbursable operating expenses of the
Executive Residence during the preceding fiscal year, including
the total amount of such expenses, the amount of such total
that consists of reimbursable official and ceremonial events,
the amount of such total that consists of reimbursable
political events, and the portion of each such amount that has
been reimbursed as of the date of the report: Provided
further, That the Executive Residence shall maintain a system
for the tracking of expenses related to reimbursable events
within the Executive Residence that includes a standard for the
classification of any such expense as political or
nonpolitical: Provided further, That no provision of this
paragraph may be construed to exempt the Executive Residence
from any other applicable requirement of subchapter I or II of
chapter 37 of title 31, United States Code.
White House Repair and Restoration
For the repair, alteration, and improvement of the Executive
Residence at the White House pursuant to 3 U.S.C. 105(d),
$750,000, to remain available until expended, for required
maintenance, resolution of safety and health issues, and
continued preventative maintenance.
Council of Economic Advisers
salaries and expenses
For necessary expenses of the Council of Economic Advisers in
carrying out its functions under the Employment Act of 1946 (15
U.S.C. 1021 et seq.), $4,000,000.
National Security Council and Homeland Security Council
salaries and expenses
For necessary expenses of the National Security Council and
the Homeland Security Council, including services as authorized
by 5 U.S.C. 3109, $11,500,000 of which not to exceed $5,000
shall be available for official reception and representation
expenses.
Office of Administration
salaries and expenses
For necessary expenses of the Office of Administration,
including services as authorized by 5 U.S.C. 3109 and 3 U.S.C.
107, and hire of passenger motor vehicles, $94,000,000, of
which not to exceed $12,800,000 shall remain available until
expended for continued modernization of information resources
within the Executive Office of the President.
Office of Management and Budget
salaries and expenses
For necessary expenses of the Office of Management and
Budget, including hire of passenger motor vehicles and services
as authorized by 5 U.S.C. 3109, to carry out the provisions of
chapter 35 of title 44, United States Code, and to prepare and
submit the budget of the United States Government, in
accordance with section 1105(a) of title 31, United States
Code, $101,600,000, of which not to exceed $3,000 shall be
available for official representation expenses: Provided, That
none of the funds appropriated in this Act for the Office of
Management and Budget may be used for the purpose of reviewing
any agricultural marketing orders or any activities or
regulations under the provisions of the Agricultural Marketing
Agreement Act of 1937 (7 U.S.C. 601 et seq.): Provided
further, That none of the funds made available for the Office
of Management and Budget by this Act may be expended for the
altering of the transcript of actual testimony of witnesses,
except for testimony of officials of the Office of Management
and Budget, before the Committees on Appropriations or their
subcommittees: Provided further, That none of the funds made
available for the Office of Management and Budget by this Act
may be expended for the altering of the annual work plan
developed by the Corps of Engineers for submission to the
Committees on Appropriations: Provided further, That none of
the funds provided in this or prior Acts shall be used,
directly or indirectly, by the Office of Management and Budget,
for evaluating or determining if water resource project or
study reports submitted by the Chief of Engineers acting
through the Secretary of the Army are in compliance with all
applicable laws, regulations, and requirements relevant to the
Civil Works water resource planning process: Provided further,
That the Office of Management and Budget shall have not more
than 60 days in which to perform budgetary policy reviews of
water resource matters on which the Chief of Engineers has
reported: Provided further, That the Director of the Office of
Management and Budget shall notify the appropriate authorizing
and appropriating committees when the 60-day review is
initiated: Provided further, That if water resource reports
have not been transmitted to the appropriate authorizing and
appropriating committees within 15 days after the end of the
Office of Management and Budget review period based on the
notification from the Director, Congress shall assume Office of
Management and Budget concurrence with the report and act
accordingly.
Intellectual Property Enforcement Coordinator
For necessary expenses of the Office of the Intellectual
Property Enforcement Coordinator, as authorized by title III of
the Prioritizing Resources and Organization for Intellectual
Property Act of 2008 (Public Law 110-403), including services
authorized by 5 U.S.C. 3109, $1,300,000.
Office of National Drug Control Policy
salaries and expenses
For necessary expenses of the Office of National Drug Control
Policy; for research activities pursuant to the Office of
National Drug Control Policy Reauthorization Act of 1998, as
amended through Public Law 115-271; not to exceed $10,000 for
official reception and representation expenses; and for
participation in joint projects or in the provision of services
on matters of mutual interest with nonprofit, research, or
public organizations or agencies, with or without
reimbursement, $18,400,000: Provided, That the Office is
authorized to accept, hold, administer, and utilize gifts, both
real and personal, public and private, without fiscal year
limitation, for the purpose of aiding or facilitating the work
of the Office.
federal drug control programs
high intensity drug trafficking areas program
(including transfers of funds)
For necessary expenses of the Office of National Drug Control
Policy's High Intensity Drug Trafficking Areas Program,
$285,000,000, to remain available until September 30, 2021, for
drug control activities consistent with the approved strategy
for each of the designated High Intensity Drug Trafficking
Areas (``HIDTAs''), of which not less than 51 percent shall be
transferred to State and local entities for drug control
activities and shall be obligated not later than 120 days after
enactment of this Act: Provided, That up to 49 percent may be
transferred to Federal agencies and departments in amounts
determined by the Director of the Office of National Drug
Control Policy, of which up to $2,700,000 may be used for
auditing services and associated activities: Provided further,
That any unexpended funds obligated prior to fiscal year 2018
may be used for any other approved activities of that HIDTA,
subject to reprogramming requirements: Provided further, That
each HIDTA designated as of September 30, 2019, shall be funded
at not less than the fiscal year 2019 base level, unless the
Director submits to the Committees on Appropriations of the
House of Representatives and the Senate justification for
changes to those levels based on clearly articulated priorities
and published Office of National Drug Control Policy
performance measures of effectiveness: Provided further, That
the Director shall notify the Committees on Appropriations of
the initial allocation of fiscal year 2020 funding among HIDTAs
not later than 45 days after enactment of this Act, and shall
notify the Committees of planned uses of discretionary HIDTA
funding, as determined in consultation with the HIDTA
Directors, not later than 90 days after enactment of this Act:
Provided further, That upon a determination that all or part of
the funds so transferred from this appropriation are not
necessary for the purposes provided herein and upon
notification to the Committees on Appropriations of the House
of Representatives and the Senate, such amounts may be
transferred back to this appropriation.
other federal drug control programs
(including transfers of funds)
For other drug control activities authorized by the National
Narcotics Leadership Act of 1988 and the Office of National
Drug Control Policy Reauthorization Act of 1998, as amended
through Public Law 115-271, $121,715,000, to remain available
until expended, which shall be available as follows:
$101,250,000 for the Drug-Free Communities Program, of which
$2,500,000 shall be made available as directed by section 4 of
Public Law 107-82, as amended by section 8204 of Public Law
115-271; $2,500,000 for drug court training and technical
assistance; $10,000,000 for anti-doping activities; $2,715,000
for the United States membership dues to the World Anti-Doping
Agency; $1,250,000 for the Model Acts Program; and $4,000,000
for activities authorized by section 103 of Public Law 114-198:
Provided, That amounts made available under this heading may
be transferred to other Federal departments and agencies to
carry out such activities.
Unanticipated Needs
For expenses necessary to enable the President to meet
unanticipated needs, in furtherance of the national interest,
security, or defense which may arise at home or abroad during
the current fiscal year, as authorized by 3 U.S.C. 108,
$1,000,000, to remain available until September 30, 2021.
Information Technology Oversight and Reform
(including transfer of funds)
For necessary expenses for the furtherance of integrated,
efficient, secure, and effective uses of information technology
in the Federal Government, $15,000,000, to remain available
until expended: Provided, That the Director of the Office of
Management and Budget may transfer these funds to one or more
other agencies to carry out projects to meet these purposes.
Special Assistance to the President
salaries and expenses
For necessary expenses to enable the Vice President to
provide assistance to the President in connection with
specially assigned functions; services as authorized by 5
U.S.C. 3109 and 3 U.S.C. 106, including subsistence expenses as
authorized by 3 U.S.C. 106, which shall be expended and
accounted for as provided in that section; and hire of
passenger motor vehicles, $4,288,000.
Official Residence of the Vice President
operating expenses
(including transfer of funds)
For the care, operation, refurnishing, improvement, and to
the extent not otherwise provided for, heating and lighting,
including electric power and fixtures, of the official
residence of the Vice President; the hire of passenger motor
vehicles; and not to exceed $90,000 pursuant to 3 U.S.C.
106(b)(2), $302,000: Provided, That advances, repayments, or
transfers from this appropriation may be made to any department
or agency for expenses of carrying out such activities.
Administrative Provisions--Executive Office of the President and Funds
Appropriated to the President
(including transfer of funds)
Sec. 201. From funds made available in this Act under the
headings ``The White House'', ``Executive Residence at the
White House'', ``White House Repair and Restoration'',
``Council of Economic Advisers'', ``National Security Council
and Homeland Security Council'', ``Office of Administration'',
``Special Assistance to the President'', and ``Official
Residence of the Vice President'', the Director of the Office
of Management and Budget (or such other officer as the
President may designate in writing), may, with advance approval
of the Committees on Appropriations of the House of
Representatives and the Senate, transfer not to exceed 10
percent of any such appropriation to any other such
appropriation, to be merged with and available for the same
time and for the same purposes as the appropriation to which
transferred: Provided, That the amount of an appropriation
shall not be increased by more than 50 percent by such
transfers: Provided further, That no amount shall be
transferred from ``Special Assistance to the President'' or
``Official Residence of the Vice President'' without the
approval of the Vice President.
Sec. 202. (a) During fiscal year 2020, any Executive order or
Presidential memorandum issued or revoked by the President
shall be accompanied by a written statement from the Director
of the Office of Management and Budget on the budgetary impact,
including costs, benefits, and revenues, of such order or
memorandum.
(b) Any such statement shall include--
(1) a narrative summary of the budgetary impact of
such order or memorandum on the Federal Government;
(2) the impact on mandatory and discretionary
obligations and outlays as the result of such order or
memorandum, listed by Federal agency, for each year in
the 5-fiscal-year period beginning in fiscal year 2020;
and
(3) the impact on revenues of the Federal Government
as the result of such order or memorandum over the 5-
fiscal-year period beginning in fiscal year 2020.
(c) If an Executive order or Presidential memorandum is
issued during fiscal year 2020 due to a national emergency, the
Director of the Office of Management and Budget may issue the
statement required by subsection (a) not later than 15 days
after the date that such order or memorandum is issued.
(d) The requirement for cost estimates for Presidential
memoranda shall only apply for Presidential memoranda estimated
to have a regulatory cost in excess of $100,000,000.
Sec. 203. Not later than 45 days after the date of enactment
of this Act, the Director of the Office of Management and
Budget shall issue a memorandum to all Federal departments,
agencies, and corporations directing compliance with the
provisions in title VII of this Act.
This title may be cited as the ``Executive Office of the
President Appropriations Act, 2020''.
TITLE III
THE JUDICIARY
Supreme Court of the United States
salaries and expenses
For expenses necessary for the operation of the Supreme
Court, as required by law, excluding care of the building and
grounds, including hire of passenger motor vehicles as
authorized by 31 U.S.C. 1343 and 1344; not to exceed $10,000
for official reception and representation expenses; and for
miscellaneous expenses, to be expended as the Chief Justice may
approve, $87,699,000, of which $1,500,000 shall remain
available until expended.
In addition, there are appropriated such sums as may be
necessary under current law for the salaries of the chief
justice and associate justices of the court.
care of the building and grounds
For such expenditures as may be necessary to enable the
Architect of the Capitol to carry out the duties imposed upon
the Architect by 40 U.S.C. 6111 and 6112, $15,590,000, to
remain available until expended.
United States Court of Appeals for the Federal Circuit
salaries and expenses
For salaries of officers and employees, and for necessary
expenses of the court, as authorized by law, $32,700,000.
In addition, there are appropriated such sums as may be
necessary under current law for the salaries of the chief judge
and judges of the court.
United States Court of International Trade
salaries and expenses
For salaries of officers and employees of the court,
services, and necessary expenses of the court, as authorized by
law, $19,564,000.
In addition, there are appropriated such sums as may be
necessary under current law for the salaries of the chief judge
and judges of the court.
Courts of Appeals, District Courts, and Other Judicial Services
salaries and expenses
For the salaries of judges of the United States Court of
Federal Claims, magistrate judges, and all other officers and
employees of the Federal Judiciary not otherwise specifically
provided for, necessary expenses of the courts, and the
purchase, rental, repair, and cleaning of uniforms for
Probation and Pretrial Services Office staff, as authorized by
law, $5,250,234,000 (including the purchase of firearms and
ammunition); of which not to exceed $27,817,000 shall remain
available until expended for space alteration projects and for
furniture and furnishings related to new space alteration and
construction projects.
In addition, there are appropriated such sums as may be
necessary under current law for the salaries of circuit and
district judges (including judges of the territorial courts of
the United States), bankruptcy judges, and justices and judges
retired from office or from regular active service.
In addition, for expenses of the United States Court of
Federal Claims associated with processing cases under the
National Childhood Vaccine Injury Act of 1986 (Public Law 99-
660), not to exceed $9,070,000, to be appropriated from the
Vaccine Injury Compensation Trust Fund.
defender services
For the operation of Federal Defender organizations; the
compensation and reimbursement of expenses of attorneys
appointed to represent persons under 18 U.S.C. 3006A and 3599,
and for the compensation and reimbursement of expenses of
persons furnishing investigative, expert, and other services
for such representations as authorized by law; the compensation
(in accordance with the maximums under 18 U.S.C. 3006A) and
reimbursement of expenses of attorneys appointed to assist the
court in criminal cases where the defendant has waived
representation by counsel; the compensation and reimbursement
of expenses of attorneys appointed to represent jurors in civil
actions for the protection of their employment, as authorized
by 28 U.S.C. 1875(d)(1); the compensation and reimbursement of
expenses of attorneys appointed under 18 U.S.C. 983(b)(1) in
connection with certain judicial civil forfeiture proceedings;
the compensation and reimbursement of travel expenses of
guardians ad litem appointed under 18 U.S.C. 4100(b); and for
necessary training and general administrative expenses,
$1,234,574,000 to remain available until expended.
fees of jurors and commissioners
For fees and expenses of jurors as authorized by 28 U.S.C.
1871 and 1876; compensation of jury commissioners as authorized
by 28 U.S.C. 1863; and compensation of commissioners appointed
in condemnation cases pursuant to rule 71.1(h) of the Federal
Rules of Civil Procedure (28 U.S.C. Appendix Rule 71.1(h)),
$53,545,000, to remain available until expended: Provided,
That the compensation of land commissioners shall not exceed
the daily equivalent of the highest rate payable under 5 U.S.C.
5332.
court security
(including transfer of funds)
For necessary expenses, not otherwise provided for, incident
to the provision of protective guard services for United States
courthouses and other facilities housing Federal court
operations, and the procurement, installation, and maintenance
of security systems and equipment for United States courthouses
and other facilities housing Federal court operations,
including building ingress-egress control, inspection of mail
and packages, directed security patrols, perimeter security,
basic security services provided by the Federal Protective
Service, and other similar activities as authorized by section
1010 of the Judicial Improvement and Access to Justice Act
(Public Law 100-702), $639,165,000, of which not to exceed
$20,000,000 shall remain available until expended, to be
expended directly or transferred to the United States Marshals
Service, which shall be responsible for administering the
Judicial Facility Security Program consistent with standards or
guidelines agreed to by the Director of the Administrative
Office of the United States Courts and the Attorney General.
Administrative Office of the United States Courts
salaries and expenses
For necessary expenses of the Administrative Office of the
United States Courts as authorized by law, including travel as
authorized by 31 U.S.C. 1345, hire of a passenger motor vehicle
as authorized by 31 U.S.C. 1343(b), advertising and rent in the
District of Columbia and elsewhere, $94,261,000, of which not
to exceed $8,500 is authorized for official reception and
representation expenses.
Federal Judicial Center
salaries and expenses
For necessary expenses of the Federal Judicial Center, as
authorized by Public Law 90-219, $30,436,000; of which
$1,800,000 shall remain available through September 30, 2021,
to provide education and training to Federal court personnel;
and of which not to exceed $1,500 is authorized for official
reception and representation expenses.
United States Sentencing Commission
salaries and expenses
For the salaries and expenses necessary to carry out the
provisions of chapter 58 of title 28, United States Code,
$19,670,000, of which not to exceed $1,000 is authorized for
official reception and representation expenses.
Administrative Provisions--The Judiciary
(including transfer of funds)
Sec. 301. Appropriations and authorizations made in this
title which are available for salaries and expenses shall be
available for services as authorized by 5 U.S.C. 3109.
Sec. 302. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Judiciary in this
Act may be transferred between such appropriations, but no such
appropriation, except ``Courts of Appeals, District Courts, and
Other Judicial Services, Defender Services'' and ``Courts of
Appeals, District Courts, and Other Judicial Services, Fees of
Jurors and Commissioners'', shall be increased by more than 10
percent by any such transfers: Provided, That any transfer
pursuant to this section shall be treated as a reprogramming of
funds under sections 604 and 608 of this Act and shall not be
available for obligation or expenditure except in compliance
with the procedures set forth in section 608.
Sec. 303. Notwithstanding any other provision of law, the
salaries and expenses appropriation for ``Courts of Appeals,
District Courts, and Other Judicial Services'' shall be
available for official reception and representation expenses of
the Judicial Conference of the United States: Provided, That
such available funds shall not exceed $11,000 and shall be
administered by the Director of the Administrative Office of
the United States Courts in the capacity as Secretary of the
Judicial Conference.
Sec. 304. Section 3315(a) of title 40, United States Code,
shall be applied by substituting ``Federal'' for ``executive''
each place it appears.
Sec. 305. In accordance with 28 U.S.C. 561-569, and
notwithstanding any other provision of law, the United States
Marshals Service shall provide, for such courthouses as its
Director may designate in consultation with the Director of the
Administrative Office of the United States Courts, for purposes
of a pilot program, the security services that 40 U.S.C. 1315
authorizes the Department of Homeland Security to provide,
except for the services specified in 40 U.S.C. 1315(b)(2)(E).
For building-specific security services at these courthouses,
the Director of the Administrative Office of the United States
Courts shall reimburse the United States Marshals Service
rather than the Department of Homeland Security.
Sec. 306. (a) Section 203(c) of the Judicial Improvements Act
of 1990 (Public Law 101-650; 28 U.S.C. 133 note), is amended in
the matter following paragraph 12--
(1) in the second sentence (relating to the District
of Kansas), by striking ``28 years and 6 months'' and
inserting ``29 years and 6 months''; and
(2) in the sixth sentence (relating to the District
of Hawaii), by striking ``25 years and 6 months'' and
inserting ``26 years and 6 months''.
(b) Section 406 of the Transportation, Treasury, Housing and
Urban Development, the Judiciary, the District of Columbia, and
Independent Agencies Appropriations Act, 2006 (Public Law 109-
115; 119 Stat. 2470; 28 U.S.C. 133 note) is amended in the
second sentence (relating to the eastern District of Missouri)
by striking ``26 years and 6 months'' and inserting ``27 years
and 6 months''.
(c) Section 312(c)(2) of the 21st Century Department of
Justice Appropriations Authorization Act (Public Law 107-273;
28 U.S.C. 133 note), is amended--
(1) in the first sentence by striking ``17 years''
and inserting ``18 years'';
(2) in the second sentence (relating to the central
District of California), by striking ``16 years and 6
months'' and inserting ``17 years and 6 months''; and
(3) in the third sentence (relating to the western
district of North Carolina), by striking ``15 years''
and inserting ``16 years''.
This title may be cited as the ``Judiciary Appropriations
Act, 2020''.
TITLE IV
DISTRICT OF COLUMBIA
Federal Funds
federal payment for resident tuition support
For a Federal payment to the District of Columbia, to be
deposited into a dedicated account, for a nationwide program to
be administered by the Mayor, for District of Columbia resident
tuition support, $40,000,000, to remain available until
expended: Provided, That such funds, including any interest
accrued thereon, may be used on behalf of eligible District of
Columbia residents to pay an amount based upon the difference
between in-State and out-of-State tuition at public
institutions of higher education, or to pay up to $2,500 each
year at eligible private institutions of higher education:
Provided further, That the awarding of such funds may be
prioritized on the basis of a resident's academic merit, the
income and need of eligible students and such other factors as
may be authorized: Provided further, That the District of
Columbia government shall maintain a dedicated account for the
Resident Tuition Support Program that shall consist of the
Federal funds appropriated to the Program in this Act and any
subsequent appropriations, any unobligated balances from prior
fiscal years, and any interest earned in this or any fiscal
year: Provided further, That the account shall be under the
control of the District of Columbia Chief Financial Officer,
who shall use those funds solely for the purposes of carrying
out the Resident Tuition Support Program: Provided further,
That the Office of the Chief Financial Officer shall provide a
quarterly financial report to the Committees on Appropriations
of the House of Representatives and the Senate for these funds
showing, by object class, the expenditures made and the purpose
therefor.
federal payment for emergency planning and security costs in the
district of columbia
For a Federal payment of necessary expenses, as determined by
the Mayor of the District of Columbia in written consultation
with the elected county or city officials of surrounding
jurisdictions, $18,000,000, to remain available until expended,
for the costs of providing public safety at events related to
the presence of the National Capital in the District of
Columbia, including support requested by the Director of the
United States Secret Service in carrying out protective duties
under the direction of the Secretary of Homeland Security, and
for the costs of providing support to respond to immediate and
specific terrorist threats or attacks in the District of
Columbia or surrounding jurisdictions.
federal payment to the district of columbia courts
For salaries and expenses for the District of Columbia
Courts, $250,088,000 to be allocated as follows: for the
District of Columbia Court of Appeals, $14,682,000, of which
not to exceed $2,500 is for official reception and
representation expenses; for the Superior Court of the District
of Columbia, $125,638,000, of which not to exceed $2,500 is for
official reception and representation expenses; for the
District of Columbia Court System, $75,518,000, of which not to
exceed $2,500 is for official reception and representation
expenses; and $34,250,000, to remain available until September
30, 2021, for capital improvements for District of Columbia
courthouse facilities: Provided, That funds made available for
capital improvements shall be expended consistent with the
District of Columbia Courts master plan study and facilities
condition assessment: Provided further, That, in addition to
the amounts appropriated herein, fees received by the District
of Columbia Courts for administering bar examinations and
processing District of Columbia bar admissions may be retained
and credited to this appropriation, to remain available until
expended, for salaries and expenses associated with such
activities, notwithstanding section 450 of the District of
Columbia Home Rule Act (D.C. Official Code, sec. 1-204.50):
Provided further, That notwithstanding any other provision of
law, all amounts under this heading shall be apportioned
quarterly by the Office of Management and Budget and obligated
and expended in the same manner as funds appropriated for
salaries and expenses of other Federal agencies: Provided
further, That 30 days after providing written notice to the
Committees on Appropriations of the House of Representatives
and the Senate, the District of Columbia Courts may reallocate
not more than $9,000,000 of the funds provided under this
heading among the items and entities funded under this heading:
Provided further, That the Joint Committee on Judicial
Administration in the District of Columbia may, by regulation,
establish a program substantially similar to the program set
forth in subchapter II of chapter 35 of title 5, United States
Code, for employees of the District of Columbia Courts.
federal payment for defender services in district of columbia courts
For payments authorized under section 11-2604 and section 11-
2605, D.C. Official Code (relating to representation provided
under the District of Columbia Criminal Justice Act), payments
for counsel appointed in proceedings in the Family Court of the
Superior Court of the District of Columbia under chapter 23 of
title 16, D.C. Official Code, or pursuant to contractual
agreements to provide guardian ad litem representation,
training, technical assistance, and such other services as are
necessary to improve the quality of guardian ad litem
representation, payments for counsel appointed in adoption
proceedings under chapter 3 of title 16, D.C. Official Code,
and payments authorized under section 21-2060, D.C. Official
Code (relating to services provided under the District of
Columbia Guardianship, Protective Proceedings, and Durable
Power of Attorney Act of 1986), $46,005,000, to remain
available until expended: Provided, That funds provided under
this heading shall be administered by the Joint Committee on
Judicial Administration in the District of Columbia: Provided
further, That, notwithstanding any other provision of law, this
appropriation shall be apportioned quarterly by the Office of
Management and Budget and obligated and expended in the same
manner as funds appropriated for expenses of other Federal
agencies.
federal payment to the court services and offender supervision agency
for the district of columbia
For salaries and expenses, including the transfer and hire of
motor vehicles, of the Court Services and Offender Supervision
Agency for the District of Columbia, as authorized by the
National Capital Revitalization and Self-Government Improvement
Act of 1997, $248,524,000, of which not to exceed $2,000 is for
official reception and representation expenses related to
Community Supervision and Pretrial Services Agency programs,
and of which not to exceed $25,000 is for dues and assessments
relating to the implementation of the Court Services and
Offender Supervision Agency Interstate Supervision Act of 2002:
Provided, That, of the funds appropriated under this heading,
$181,065,000 shall be for necessary expenses of Community
Supervision and Sex Offender Registration, to include expenses
relating to the supervision of adults subject to protection
orders or the provision of services for or related to such
persons, of which $3,818,000 shall remain available until
September 30, 2022 for costs associated with relocation under a
replacement lease for headquarters offices, field offices, and
related facilities: Provided further, That, of the funds
appropriated under this heading, $67,459,000 shall be available
to the Pretrial Services Agency, of which $998,000 shall remain
available until September 30, 2022 for costs associated with
relocation under a replacement lease for headquarters offices,
field offices, and related facilities: Provided further, That
notwithstanding any other provision of law, all amounts under
this heading shall be apportioned quarterly by the Office of
Management and Budget and obligated and expended in the same
manner as funds appropriated for salaries and expenses of other
Federal agencies: Provided further, That amounts under this
heading may be used for programmatic incentives for defendants
to successfully complete their terms of supervision.
federal payment to the district of columbia public defender service
For salaries and expenses, including the transfer and hire of
motor vehicles, of the District of Columbia Public Defender
Service, as authorized by the National Capital Revitalization
and Self-Government Improvement Act of 1997, $44,011,000, of
which $344,000 shall remain available until September 30, 2022
for costs associated with relocation under a replacement lease
for headquarters offices, field offices, and related
facilities: Provided, That notwithstanding any other provision
of law, all amounts under this heading shall be apportioned
quarterly by the Office of Management and Budget and obligated
and expended in the same manner as funds appropriated for
salaries and expenses of Federal agencies: Provided further,
That the District of Columbia Public Defender Service may
establish for employees of the District of Columbia Public
Defender Service a program substantially similar to the program
set forth in subchapter II of chapter 35 of title 5, United
States Code, except that the maximum amount of the payment made
under the program to any individual may not exceed the amount
referred to in section 3523(b)(3)(B) of title 5, United States
Code.
federal payment to the criminal justice coordinating council
For a Federal payment to the Criminal Justice Coordinating
Council, $2,150,000, to remain available until expended, to
support initiatives related to the coordination of Federal and
local criminal justice resources in the District of Columbia.
federal payment for judicial commissions
For a Federal payment, to remain available until September
30, 2021, to the Commission on Judicial Disabilities and
Tenure, $325,000, and for the Judicial Nomination Commission,
$275,000.
federal payment for school improvement
For a Federal payment for a school improvement program in the
District of Columbia, $52,500,000, to remain available until
expended, for payments authorized under the Scholarships for
Opportunity and Results Act (division C of Public Law 112-10):
Provided, That, to the extent that funds are available for
opportunity scholarships and following the priorities included
in section 3006 of such Act, the Secretary of Education shall
make scholarships available to students eligible under section
3013(3) of such Act (Public Law 112-10; 125 Stat. 211)
including students who were not offered a scholarship during
any previous school year: Provided further, That within funds
provided for opportunity scholarships up to $1,200,000 shall be
for the activities specified in sections 3007(b) through
3007(d) of the Act and up to $500,000 shall be for the
activities specified in section 3009 of the Act.
federal payment for the district of columbia national guard
For a Federal payment to the District of Columbia National
Guard, $413,000, to remain available until expended for the
Major General David F. Wherley, Jr. District of Columbia
National Guard Retention and College Access Program.
federal payment for testing and treatment of hiv/aids
For a Federal payment to the District of Columbia for the
testing of individuals for, and the treatment of individuals
with, human immunodeficiency virus and acquired
immunodeficiency syndrome in the District of Columbia,
$4,000,000.
federal payment to the district of columbia water and sewer authority
For a Federal payment to the District of Columbia Water and
Sewer Authority, $8,000,000, to remain available until
expended, to continue implementation of the Combined Sewer
Overflow Long-Term Plan: Provided, That the District of
Columbia Water and Sewer Authority provides a 100 percent match
for this payment.
District of Columbia Funds
Local funds are appropriated for the District of Columbia for
the current fiscal year out of the General Fund of the District
of Columbia (``General Fund'') for programs and activities set
forth in the Fiscal Year 2020 Local Budget Act of 2019 (D.C.
Act 23-78) and at rates set forth under such Act, as amended as
of the date of enactment of this Act: Provided, That
notwithstanding any other provision of law, except as provided
in section 450A of the District of Columbia Home Rule Act
(section 1-204.50a, D.C. Official Code), sections 816 and 817
of the Financial Services and General Government Appropriations
Act, 2009 (secs. 47-369.01 and 47-369.02, D.C. Official Code),
and provisions of this Act, the total amount appropriated in
this Act for operating expenses for the District of Columbia
for fiscal year 2020 under this heading shall not exceed the
estimates included in the Fiscal Year 2020 Local Budget Act of
2019, as amended as of the date of enactment of this Act or the
sum of the total revenues of the District of Columbia for such
fiscal year: Provided further, That the amount appropriated
may be increased by proceeds of one-time transactions, which
are expended for emergency or unanticipated operating or
capital needs: Provided further, That such increases shall be
approved by enactment of local District law and shall comply
with all reserve requirements contained in the District of
Columbia Home Rule Act: Provided further, That the Chief
Financial Officer of the District of Columbia shall take such
steps as are necessary to assure that the District of Columbia
meets these requirements, including the apportioning by the
Chief Financial Officer of the appropriations and funds made
available to the District during fiscal year 2020, except that
the Chief Financial Officer may not reprogram for operating
expenses any funds derived from bonds, notes, or other
obligations issued for capital projects.
This title may be cited as the ``District of Columbia
Appropriations Act, 2020''.
TITLE V
INDEPENDENT AGENCIES
Administrative Conference of the United States
salaries and expenses
For necessary expenses of the Administrative Conference of
the United States, authorized by 5 U.S.C. 591 et seq.,
$3,250,000, to remain available until September 30, 2021, of
which not to exceed $1,000 is for official reception and
representation expenses.
Consumer Product Safety Commission
salaries and expenses
For necessary expenses of the Consumer Product Safety
Commission, including hire of passenger motor vehicles,
services as authorized by 5 U.S.C. 3109, but at rates for
individuals not to exceed the per diem rate equivalent to the
maximum rate payable under 5 U.S.C. 5376, purchase of nominal
awards to recognize non-Federal officials' contributions to
Commission activities, and not to exceed $4,000 for official
reception and representation expenses, $132,500,000, of which
$1,300,000 shall remain available until expended to carry out
the program, including administrative costs, required by
section 1405 of the Virginia Graeme Baker Pool and Spa Safety
Act (Public Law 110-140; 15 U.S.C. 8004).
administrative provision--consumer product safety commission
Sec. 501. During fiscal year 2020, none of the amounts made
available by this Act may be used to finalize or implement the
Safety Standard for Recreational Off-Highway Vehicles published
by the Consumer Product Safety Commission in the Federal
Register on November 19, 2014 (79 Fed. Reg. 68964) until
after--
(1) the National Academy of Sciences, in consultation
with the National Highway Traffic Safety Administration
and the Department of Defense, completes a study to
determine--
(A) the technical validity of the lateral
stability and vehicle handling requirements
proposed by such standard for purposes of
reducing the risk of Recreational Off-Highway
Vehicle (referred to in this section as
``ROV'') rollovers in the off-road environment,
including the repeatability and reproducibility
of testing for compliance with such
requirements;
(B) the number of ROV rollovers that would be
prevented if the proposed requirements were
adopted;
(C) whether there is a technical basis for
the proposal to provide information on a point-
of-sale hangtag about a ROV's rollover
resistance on a progressive scale; and
(D) the effect on the utility of ROVs used by
the United States military if the proposed
requirements were adopted; and
(2) a report containing the results of the study
completed under paragraph (1) is delivered to--
(A) the Committee on Commerce, Science, and
Transportation of the Senate;
(B) the Committee on Energy and Commerce of
the House of Representatives;
(C) the Committee on Appropriations of the
Senate; and
(D) the Committee on Appropriations of the
House of Representatives.
Election Assistance Commission
salaries and expenses
(including transfer of funds)
For necessary expenses to carry out the Help America Vote Act
of 2002 (Public Law 107-252), $15,171,000, of which $1,500,000
shall be transferred to the National Institute of Standards and
Technology for election reform activities authorized under the
Help America Vote Act of 2002; and of which $2,400,000 shall
remain available until September 30, 2021, for relocation
expenses.
election security grants
Notwithstanding section 104(c)(2)(B) of the Help America Vote
Act of 2002 (52 U.S.C. 20904(c)(2)(B)), $425,000,000 is
provided to the Election Assistance Commission for necessary
expenses to make payments to States for activities to improve
the administration of elections for Federal office, including
to enhance election technology and make election security
improvements, as authorized by sections 101, 103, and 104 of
such Act: Provided, That for purposes of applying such
sections, the Commonwealth of the Northern Mariana Islands
shall be deemed to be a State and, for purposes of sections
101(d)(2) and 103(a) shall be treated in the same manner as the
Commonwealth of Puerto Rico, Guam, American Samoa, and the
United States Virgin Islands: Provided further, That each
reference to the ``Administrator of General Services'' or the
``Administrator'' in sections 101 and 103 shall be deemed to
refer to the ``Election Assistance Commission'': Provided
further, That each reference to ``$5,000,000'' in section 103
shall be deemed to refer to ``$3,000,000'' and each reference
to ``$1,000,000'' in section 103 shall be deemed to refer to
``$600,000'': Provided further, That not later than 45 days
after the date of enactment of this Act, the Election
Assistance Commission shall make the payments to States under
this heading: Provided further, That not later than two years
after receiving a payment under this heading, a State shall
make available funds for such activities in an amount equal to
20 percent of the total amount of the payment made to the State
under this heading.
Federal Communications Commission
salaries and expenses
For necessary expenses of the Federal Communications
Commission, as authorized by law, including uniforms and
allowances therefor, as authorized by 5 U.S.C. 5901-5902; not
to exceed $4,000 for official reception and representation
expenses; purchase and hire of motor vehicles; special counsel
fees; and services as authorized by 5 U.S.C. 3109,
$339,000,000, to remain available until expended: Provided,
That $339,000,000 of offsetting collections shall be assessed
and collected pursuant to section 9 of title I of the
Communications Act of 1934, shall be retained and used for
necessary expenses and shall remain available until expended:
Provided further, That the sum herein appropriated shall be
reduced as such offsetting collections are received during
fiscal year 2020 so as to result in a final fiscal year 2020
appropriation estimated at $0: Provided further, That,
notwithstanding 47 U.S.C. 309(j)(8)(B), proceeds from the use
of a competitive bidding system that may be retained and made
available for obligation shall not exceed $132,539,000 for
fiscal year 2020: Provided further, That, of the amount
appropriated under this heading, not less than $11,105,700
shall be for the salaries and expenses of the Office of
Inspector General.
administrative provisions--federal communications commission
Sec. 510. Section 302 of the Universal Service
Antideficiency Temporary Suspension Act is amended by striking
``December 31, 2019'' each place it appears and inserting
``December 31, 2020''.
Sec. 511. None of the funds appropriated by this Act may be
used by the Federal Communications Commission to modify, amend,
or change its rules or regulations for universal service
support payments to implement the February 27, 2004,
recommendations of the Federal-State Joint Board on Universal
Service regarding single connection or primary line
restrictions on universal service support payments.
Federal Deposit Insurance Corporation
office of the inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of
1978, $42,982,000, to be derived from the Deposit Insurance
Fund or, only when appropriate, the FSLIC Resolution Fund.
Federal Election Commission
salaries and expenses
For necessary expenses to carry out the provisions of the
Federal Election Campaign Act of 1971, $71,497,000, of which
not to exceed $5,000 shall be available for reception and
representation expenses.
Federal Labor Relations Authority
salaries and expenses
For necessary expenses to carry out functions of the Federal
Labor Relations Authority, pursuant to Reorganization Plan
Numbered 2 of 1978, and the Civil Service Reform Act of 1978,
including services authorized by 5 U.S.C. 3109, and including
hire of experts and consultants, hire of passenger motor
vehicles, and including official reception and representation
expenses (not to exceed $1,500) and rental of conference rooms
in the District of Columbia and elsewhere, $24,890,000:
Provided, That public members of the Federal Service Impasses
Panel may be paid travel expenses and per diem in lieu of
subsistence as authorized by law (5 U.S.C. 5703) for persons
employed intermittently in the Government service, and
compensation as authorized by 5 U.S.C. 3109: Provided further,
That, notwithstanding 31 U.S.C. 3302, funds received from fees
charged to non-Federal participants at labor-management
relations conferences shall be credited to and merged with this
account, to be available without further appropriation for the
costs of carrying out these conferences.
Federal Permitting Improvement Steering Council
environmental review improvement fund
(including transfer of funds)
For necessary expenses of the Environmental Review
Improvement Fund established pursuant to 42 U.S.C. 4370m-8(d),
$8,000,000, to remain available until expended: Provided, That
funds appropriated in prior appropriations Acts under the
heading ``General Services Administration--General Activities--
Environmental Review Improvement Fund'' shall be transferred to
and merged with this account.
Federal Trade Commission
salaries and expenses
For necessary expenses of the Federal Trade Commission,
including uniforms or allowances therefor, as authorized by 5
U.S.C. 5901-5902; services as authorized by 5 U.S.C. 3109; hire
of passenger motor vehicles; and not to exceed $2,000 for
official reception and representation expenses, $331,000,000,
to remain available until expended: Provided, That not to
exceed $300,000 shall be available for use to contract with a
person or persons for collection services in accordance with
the terms of 31 U.S.C. 3718: Provided further, That,
notwithstanding any other provision of law, not to exceed
$141,000,000 of offsetting collections derived from fees
collected for premerger notification filings under the Hart-
Scott-Rodino Antitrust Improvements Act of 1976 (15 U.S.C.
18a), regardless of the year of collection, shall be retained
and used for necessary expenses in this appropriation:
Provided further, That, notwithstanding any other provision of
law, not to exceed $18,000,000 in offsetting collections
derived from fees sufficient to implement and enforce the
Telemarketing Sales Rule, promulgated under the Telemarketing
and Consumer Fraud and Abuse Prevention Act (15 U.S.C. 6101 et
seq.), shall be credited to this account, and be retained and
used for necessary expenses in this appropriation: Provided
further, That the sum herein appropriated from the general fund
shall be reduced as such offsetting collections are received
during fiscal year 2020, so as to result in a final fiscal year
2020 appropriation from the general fund estimated at not more
than $172,000,000: Provided further, That none of the funds
made available to the Federal Trade Commission may be used to
implement subsection (e)(2)(B) of section 43 of the Federal
Deposit Insurance Act (12 U.S.C. 1831t).
General Services Administration
real property activities
federal buildings fund
limitations on availability of revenue
(including transfers of funds)
Amounts in the Fund, including revenues and collections
deposited into the Fund, shall be available for necessary
expenses of real property management and related activities not
otherwise provided for, including operation, maintenance, and
protection of federally owned and leased buildings; rental of
buildings in the District of Columbia; restoration of leased
premises; moving governmental agencies (including space
adjustments and telecommunications relocation expenses) in
connection with the assignment, allocation, and transfer of
space; contractual services incident to cleaning or servicing
buildings, and moving; repair and alteration of federally owned
buildings, including grounds, approaches, and appurtenances;
care and safeguarding of sites; maintenance, preservation,
demolition, and equipment; acquisition of buildings and sites
by purchase, condemnation, or as otherwise authorized by law;
acquisition of options to purchase buildings and sites;
conversion and extension of federally owned buildings;
preliminary planning and design of projects by contract or
otherwise; construction of new buildings (including equipment
for such buildings); and payment of principal, interest, and
any other obligations for public buildings acquired by
installment purchase and purchase contract; in the aggregate
amount of $8,856,530,000, of which--
(1) $152,400,000 shall remain available until
expended for construction and acquisition (including
funds for sites and expenses, and associated design and
construction services) for the San Luis I Land Port of
Entry, San Luis, Arizona: Provided, That the foregoing
limit of costs on new construction and acquisition may
be exceeded to the extent that savings are effected in
other such projects, but not to exceed 10 percent of
the amounts included in a transmitted prospectus, if
required, unless advance approval is obtained from the
Committees on Appropriations of a greater amount;
(2) $833,752,000 shall remain available until
expended for repairs and alterations, including
associated design and construction services, of which--
(A) $451,695,000 is for Major Repairs and
Alterations; and
(B) $382,057,000 is for Basic Repairs and
Alterations:
Provided, That funds made available in this or any
previous Act in the Federal Buildings Fund for Repairs
and Alterations shall, for prospectus projects, be
limited to the amount identified for each project,
except each project in this or any previous Act may be
increased by an amount not to exceed 10 percent unless
advance approval is obtained from the Committees on
Appropriations of a greater amount: Provided further,
That additional projects for which prospectuses have
been fully approved may be funded under this category
only if advance approval is obtained from the
Committees on Appropriations: Provided further, That
the amounts provided in this or any prior Act for
``Repairs and Alterations'' may be used to fund costs
associated with implementing security improvements to
buildings necessary to meet the minimum standards for
security in accordance with current law and in
compliance with the reprogramming guidelines of the
appropriate Committees of the House and Senate:
Provided further, That the difference between the funds
appropriated and expended on any projects in this or
any prior Act, under the heading ``Repairs and
Alterations'', may be transferred to Basic Repairs and
Alterations or used to fund authorized increases in
prospectus projects: Provided further, That the amount
provided in this or any prior Act for Basic Repairs and
Alterations may be used to pay claims against the
Government arising from any projects under the heading
``Repairs and Alterations'' or used to fund authorized
increases in prospectus projects;
(3) $5,497,561,000 for rental of space to remain
available until expended; and
(4) $2,372,817,000 for building operations to remain
available until expended: Provided, That the total
amount of funds made available from this Fund to the
General Services Administration shall not be available
for expenses of any construction, repair, alteration
and acquisition project for which a prospectus, if
required by 40 U.S.C. 3307(a), has not been approved,
except that necessary funds may be expended for each
project for required expenses for the development of a
proposed prospectus: Provided further, That funds
available in the Federal Buildings Fund may be expended
for emergency repairs when advance approval is obtained
from the Committees on Appropriations: Provided
further, That amounts necessary to provide reimbursable
special services to other agencies under 40 U.S.C.
592(b)(2) and amounts to provide such reimbursable
fencing, lighting, guard booths, and other facilities
on private or other property not in Government
ownership or control as may be appropriate to enable
the United States Secret Service to perform its
protective functions pursuant to 18 U.S.C. 3056, shall
be available from such revenues and collections:
Provided further, That revenues and collections and any
other sums accruing to this Fund during fiscal year
2020, excluding reimbursements under 40 U.S.C.
592(b)(2), in excess of the aggregate new obligational
authority authorized for Real Property Activities of
the Federal Buildings Fund in this Act shall remain in
the Fund and shall not be available for expenditure
except as authorized in appropriations Acts.
general activities
government-wide policy
For expenses authorized by law, not otherwise provided for,
for Government-wide policy and evaluation activities associated
with the management of real and personal property assets and
certain administrative services; Government-wide policy support
responsibilities relating to acquisition, travel, motor
vehicles, information technology management, and related
technology activities; and services as authorized by 5 U.S.C.
3109; $64,000,000.
operating expenses
For expenses authorized by law, not otherwise provided for,
for Government-wide activities associated with utilization and
donation of surplus personal property; disposal of real
property; agency-wide policy direction, management, and
communications; and services as authorized by 5 U.S.C. 3109;
$49,440,000, of which $26,890,000 is for Real and Personal
Property Management and Disposal; and of which $22,550,000 is
for the Office of the Administrator, of which not to exceed
$7,500 is for official reception and representation expenses.
civilian board of contract appeals
For expenses authorized by law, not otherwise provided for,
for the activities associated with the Civilian Board of
Contract Appeals, $9,301,000.
office of inspector general
For necessary expenses of the Office of Inspector General and
service authorized by 5 U.S.C. 3109, $67,000,000: Provided,
That not to exceed $50,000 shall be available for payment for
information and detection of fraud against the Government,
including payment for recovery of stolen Government property:
Provided further, That not to exceed $2,500 shall be available
for awards to employees of other Federal agencies and private
citizens in recognition of efforts and initiatives resulting in
enhanced Office of Inspector General effectiveness.
allowances and office staff for former presidents
For carrying out the provisions of the Act of August 25, 1958
(3 U.S.C. 102 note), and Public Law 95-138, $3,851,000.
federal citizen services fund
(including transfer of funds)
For necessary expenses of the Office of Products and
Programs, including services authorized by 40 U.S.C. 323 and 44
U.S.C. 3604; and for necessary expenses in support of
interagency projects that enable the Federal Government to
enhance its ability to conduct activities electronically,
through the development and implementation of innovative uses
of information technology; $55,000,000, to be deposited into
the Federal Citizen Services Fund: Provided, That the previous
amount may be transferred to Federal agencies to carry out the
purpose of the Federal Citizen Services Fund: Provided
further, That the appropriations, revenues, reimbursements, and
collections deposited into the Fund shall be available until
expended for necessary expenses of Federal Citizen Services and
other activities that enable the Federal Government to enhance
its ability to conduct activities electronically in the
aggregate amount not to exceed $100,000,000: Provided further,
That appropriations, revenues, reimbursements, and collections
accruing to this Fund during fiscal year 2020 in excess of such
amount shall remain in the Fund and shall not be available for
expenditure except as authorized in appropriations Acts:
Provided further, That, of the total amount appropriated, up to
$5,000,000 shall be available for support functions and full-
time hires to support activities related to the
Administration's requirements under Title II of the Foundations
for Evidence-Based Policymaking Act (Public Law 115-435):
Provided further, That the transfer authorities provided herein
shall be in addition to any other transfer authority provided
in this Act.
pre-election presidential transition
(including transfer of funds)
For activities authorized by the Pre-Election Presidential
Transition Act of 2010 (Public Law 111-283), not to exceed
$9,620,000, to remain available until September 30, 2021:
Provided, That such amounts may be transferred to ``Acquisition
Services Fund'' or ``Federal Buildings Fund'' to reimburse
obligations incurred for the purposes provided herein in fiscal
years 2019 and 2020: Provided further, That amounts made
available under this heading shall be in addition to any other
amounts available for such purposes.
technology modernization fund
For the Technology Modernization Fund, $25,000,000, to remain
available until expended, for technology-related modernization
activities.
administrative provisions--general services administration
(including transfer of funds)
Sec. 520. Funds available to the General Services
Administration shall be available for the hire of passenger
motor vehicles.
Sec. 521. Funds in the Federal Buildings Fund made available
for fiscal year 2020 for Federal Buildings Fund activities may
be transferred between such activities only to the extent
necessary to meet program requirements: Provided, That any
proposed transfers shall be approved in advance by the
Committees on Appropriations of the House of Representatives
and the Senate.
Sec. 522. Except as otherwise provided in this title, funds
made available by this Act shall be used to transmit a fiscal
year 2021 request for United States Courthouse construction
only if the request: (1) meets the design guide standards for
construction as established and approved by the General
Services Administration, the Judicial Conference of the United
States, and the Office of Management and Budget; (2) reflects
the priorities of the Judicial Conference of the United States
as set out in its approved Courthouse Project Priorities plan;
and (3) includes a standardized courtroom utilization study of
each facility to be constructed, replaced, or expanded.
Sec. 523. None of the funds provided in this Act may be used
to increase the amount of occupiable square feet, provide
cleaning services, security enhancements, or any other service
usually provided through the Federal Buildings Fund, to any
agency that does not pay the rate per square foot assessment
for space and services as determined by the General Services
Administration in consideration of the Public Buildings
Amendments Act of 1972 (Public Law 92-313).
Sec. 524. From funds made available under the heading
Federal Buildings Fund, Limitations on Availability of Revenue,
claims against the Government of less than $250,000 arising
from direct construction projects and acquisition of buildings
may be liquidated from savings effected in other construction
projects with prior notification to the Committees on
Appropriations of the House of Representatives and the Senate.
Sec. 525. In any case in which the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate adopt a resolution granting lease authority
pursuant to a prospectus transmitted to Congress by the
Administrator of the General Services Administration under 40
U.S.C. 3307, the Administrator shall ensure that the delineated
area of procurement is identical to the delineated area
included in the prospectus for all lease agreements, except
that, if the Administrator determines that the delineated area
of the procurement should not be identical to the delineated
area included in the prospectus, the Administrator shall
provide an explanatory statement to each of such committees and
the Committees on Appropriations of the House of
Representatives and the Senate prior to exercising any lease
authority provided in the resolution.
Sec. 526. With respect to each project funded under the
heading ``Major Repairs and Alterations'', and with respect to
E-Government projects funded under the heading ``Federal
Citizen Services Fund'', the Administrator of General Services
shall submit a spending plan and explanation for each project
to be undertaken to the Committees on Appropriations of the
House of Representatives and the Senate not later than 60 days
after the date of enactment of this Act.
Sec. 527. In addition to the amounts otherwise made
available in this Act for the General Services Administration,
$3,000,000, to remain available until expended, shall be for
the Administrator of General Services to implement changes to
the System for Award Management providing for submission of the
authenticated certification described under the heading
``Internal Revenue Service, Operations Support''.
Harry S Truman Scholarship Foundation
salaries and expenses
For payment to the Harry S Truman Scholarship Foundation
Trust Fund, established by section 10 of Public Law 93-642,
$1,670,000, to remain available until expended.
Merit Systems Protection Board
salaries and expenses
(including transfer of funds)
For necessary expenses to carry out functions of the Merit
Systems Protection Board pursuant to Reorganization Plan
Numbered 2 of 1978, the Civil Service Reform Act of 1978, and
the Whistleblower Protection Act of 1989 (5 U.S.C. 5509 note),
including services as authorized by 5 U.S.C. 3109, rental of
conference rooms in the District of Columbia and elsewhere,
hire of passenger motor vehicles, direct procurement of survey
printing, and not to exceed $2,000 for official reception and
representation expenses, $44,490,000, to remain available until
September 30, 2021, and in addition not to exceed $2,345,000,
to remain available until September 30, 2021, for
administrative expenses to adjudicate retirement appeals to be
transferred from the Civil Service Retirement and Disability
Fund in amounts determined by the Merit Systems Protection
Board.
Morris K. Udall and Stewart L. Udall Foundation
morris k. udall and stewart l. udall trust fund
(including transfer of funds)
For payment to the Morris K. Udall and Stewart L. Udall Trust
Fund, pursuant to the Morris K. Udall and Stewart L. Udall
Foundation Act (20 U.S.C. 5601 et seq.), $1,800,000, to remain
available until expended, of which, notwithstanding sections 8
and 9 of such Act, up to $1,000,000 shall be available to carry
out the activities authorized by section 6(7) of Public Law
102-259 and section 817(a) of Public Law 106-568 (20 U.S.C.
5604(7)): Provided, That all current and previous amounts
transferred to the Office of Inspector General of the
Department of the Interior will remain available until expended
for audits and investigations of the Morris K. Udall and
Stewart L. Udall Foundation, consistent with the Inspector
General Act of 1978 (5 U.S.C. App.), as amended, and for annual
independent financial audits of the Morris K. Udall and Stewart
L. Udall Foundation pursuant to the Accountability of Tax
Dollars Act of 2002 (Public Law 107-289): Provided further,
That previous amounts transferred to the Office of Inspector
General of the Department of the Interior may be transferred to
the Morris K. Udall and Stewart L. Udall Foundation for annual
independent financial audits pursuant to the Accountability of
Tax Dollars Act of 2002 (Public Law 107-289).
environmental dispute resolution fund
For payment to the Environmental Dispute Resolution Fund to
carry out activities authorized in the Environmental Policy and
Conflict Resolution Act of 1998, $3,200,000, to remain
available until expended.
National Archives and Records Administration
operating expenses
For necessary expenses in connection with the administration
of the National Archives and Records Administration and
archived Federal records and related activities, as provided by
law, and for expenses necessary for the review and
declassification of documents, the activities of the Public
Interest Declassification Board, the operations and maintenance
of the electronic records archives, the hire of passenger motor
vehicles, and for uniforms or allowances therefor, as
authorized by law (5 U.S.C. 5901), including maintenance,
repairs, and cleaning, $359,000,000, of which $22,000,000 shall
remain available until expended for the repair and alteration
of the National Archives facility in College Park, Maryland,
and related improvements necessary to enhance the Federal
Government's ability to electronically preserve, manage, and
store Government records, and of which up to $2,000,000 shall
remain available until expended to implement the Civil Rights
Cold Case Records Collection Act of 2018 (Public Law 115-426).
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Reform Act
of 2008, Public Law 110-409, 122 Stat. 4302-16 (2008), and the
Inspector General Act of 1978 (5 U.S.C. App.), and for the hire
of passenger motor vehicles, $4,823,000.
repairs and restoration
For the repair, alteration, and improvement of archives
facilities, and to provide adequate storage for holdings,
$7,500,000, to remain available until expended.
national historical publications and records commission
grants program
For necessary expenses for allocations and grants for
historical publications and records as authorized by 44 U.S.C.
2504, $6,500,000, to remain available until expended.
National Credit Union Administration
community development revolving loan fund
For the Community Development Revolving Loan Fund program as
authorized by 42 U.S.C. 9812, 9822 and 9910, $1,500,000 shall
be available until September 30, 2021, for technical assistance
to low-income designated credit unions.
Office of Government Ethics
salaries and expenses
For necessary expenses to carry out functions of the Office
of Government Ethics pursuant to the Ethics in Government Act
of 1978, the Ethics Reform Act of 1989, and the Stop Trading on
Congressional Knowledge Act of 2012, including services as
authorized by 5 U.S.C. 3109, rental of conference rooms in the
District of Columbia and elsewhere, hire of passenger motor
vehicles, and not to exceed $1,500 for official reception and
representation expenses, $17,500,000.
Office of Personnel Management
salaries and expenses
(including transfer of trust funds)
For necessary expenses to carry out functions of the Office
of Personnel Management (OPM) pursuant to Reorganization Plan
Numbered 2 of 1978 and the Civil Service Reform Act of 1978,
including services as authorized by 5 U.S.C. 3109; medical
examinations performed for veterans by private physicians on a
fee basis; rental of conference rooms in the District of
Columbia and elsewhere; hire of passenger motor vehicles; not
to exceed $2,500 for official reception and representation
expenses; advances for reimbursements to applicable funds of
OPM and the Federal Bureau of Investigation for expenses
incurred under Executive Order No. 10422 of January 9, 1953, as
amended; and payment of per diem and/or subsistence allowances
to employees where Voting Rights Act activities require an
employee to remain overnight at his or her post of duty,
$145,130,000: Provided, That of the total amount made
available under this heading, up to $14,000,000 shall remain
available until expended, for information technology
infrastructure modernization and Trust Fund Federal Financial
System migration or modernization, and shall be in addition to
funds otherwise made available for such purposes: Provided
further, That of the total amount made available under this
heading, $1,068,000 may be made available for strengthening the
capacity and capabilities of the acquisition workforce (as
defined by the Office of Federal Procurement Policy Act, as
amended (41 U.S.C. 4001 et seq.)), including the recruitment,
hiring, training, and retention of such workforce and
information technology in support of acquisition workforce
effectiveness or for management solutions to improve
acquisition management; and in addition $154,625,000 for
administrative expenses, to be transferred from the appropriate
trust funds of OPM without regard to other statutes, including
direct procurement of printed materials, for the retirement and
insurance programs: Provided further, That the provisions of
this appropriation shall not affect the authority to use
applicable trust funds as provided by sections 8348(a)(1)(B),
8958(f)(2)(A), 8988(f)(2)(A), and 9004(f)(2)(A) of title 5,
United States Code: Provided further, That no part of this
appropriation shall be available for salaries and expenses of
the Legal Examining Unit of OPM established pursuant to
Executive Order No. 9358 of July 1, 1943, or any successor unit
of like purpose: Provided further, That the President's
Commission on White House Fellows, established by Executive
Order No. 11183 of October 3, 1964, may, during fiscal year
2020, accept donations of money, property, and personal
services: Provided further, That such donations, including
those from prior years, may be used for the development of
publicity materials to provide information about the White
House Fellows, except that no such donations shall be accepted
for travel or reimbursement of travel expenses, or for the
salaries of employees of such Commission.
office of inspector general
salaries and expenses
(including transfer of trust funds)
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of
1978, including services as authorized by 5 U.S.C. 3109, hire
of passenger motor vehicles, $5,000,000, and in addition, not
to exceed $25,265,000 for administrative expenses to audit,
investigate, and provide other oversight of the Office of
Personnel Management's retirement and insurance programs, to be
transferred from the appropriate trust funds of the Office of
Personnel Management, as determined by the Inspector General:
Provided, That the Inspector General is authorized to rent
conference rooms in the District of Columbia and elsewhere.
Office of Special Counsel
salaries and expenses
For necessary expenses to carry out functions of the Office
of Special Counsel, including services as authorized by 5
U.S.C. 3109, payment of fees and expenses for witnesses, rental
of conference rooms in the District of Columbia and elsewhere,
and hire of passenger motor vehicles; $27,500,000.
Postal Regulatory Commission
salaries and expenses
(including transfer of funds)
For necessary expenses of the Postal Regulatory Commission in
carrying out the provisions of the Postal Accountability and
Enhancement Act (Public Law 109-435), $16,615,000, to be
derived by transfer from the Postal Service Fund and expended
as authorized by section 603(a) of such Act.
Privacy and Civil Liberties Oversight Board
salaries and expenses
For necessary expenses of the Privacy and Civil Liberties
Oversight Board, as authorized by section 1061 of the
Intelligence Reform and Terrorism Prevention Act of 2004 (42
U.S.C. 2000ee), $8,200,000, to remain available until September
30, 2021.
Securities and Exchange Commission
salaries and expenses
For necessary expenses for the Securities and Exchange
Commission, including services as authorized by 5 U.S.C. 3109,
the rental of space (to include multiple year leases) in the
District of Columbia and elsewhere, and not to exceed $3,500
for official reception and representation expenses,
$1,815,000,000, to remain available until expended; of which
not less than $15,662,000 shall be for the Office of Inspector
General; of which not to exceed $75,000 shall be available for
a permanent secretariat for the International Organization of
Securities Commissions; and of which not to exceed $100,000
shall be available for expenses for consultations and meetings
hosted by the Commission with foreign governmental and other
regulatory officials, members of their delegations and staffs
to exchange views concerning securities matters, such expenses
to include necessary logistic and administrative expenses and
the expenses of Commission staff and foreign invitees in
attendance including: (1) incidental expenses such as meals;
(2) travel and transportation; and (3) related lodging or
subsistence.
In addition to the foregoing appropriation, for move,
replication, and related costs associated with a replacement
lease for the Commission's New York Regional Office facilities,
not to exceed $10,525,000, to remain available until expended.
For purposes of calculating the fee rate under section 31(j)
of the Securities Exchange Act of 1934 (15 U.S.C. 78ee(j)) for
fiscal year 2020, all amounts appropriated under this heading
shall be deemed to be the regular appropriation to the
Commission for fiscal year 2020: Provided, That fees and
charges authorized by section 31 of the Securities Exchange Act
of 1934 (15 U.S.C. 78ee) shall be credited to this account as
offsetting collections: Provided further, That not to exceed
$1,815,000,000 of such offsetting collections shall be
available until expended for necessary expenses of this account
and not to exceed $10,525,000 of such offsetting collections
shall be available until expended for move, replication, and
related costs under this heading associated with a replacement
lease for the Commission's New York Regional Office facilities:
Provided further, That the total amount appropriated under
this heading from the general fund for fiscal year 2020 shall
be reduced as such offsetting fees are received so as to result
in a final total fiscal year 2020 appropriation from the
general fund estimated at not more than $0: Provided further,
That if any amount of the appropriation for move, replication,
and related costs associated with a replacement lease for the
Commission's New York Regional Office facilities is
subsequently de-obligated by the Commission, such amount that
was derived from the general fund shall be returned to the
general fund, and such amounts that were derived from fees or
assessments collected for such purpose shall be paid to each
national securities exchange and national securities
association, respectively, in proportion to any fees or
assessments paid by such national securities exchange or
national securities association under section 31 of the
Securities Exchange Act of 1934 (15 U.S.C. 78ee) in fiscal year
2020.
administrative provision--securities and exchange commission
Sec. 530. Within one year of the enactment of this Act, the
Securities and Exchange Commission shall submit to the
Committees on Appropriations of the House of Representatives
and the Senate, the Committee on Financial Services of the
House of Representatives, and the Committee on Banking,
Housing, and Urban Affairs of the Senate, a report concerning
the Municipal Securities Rulemaking Board. The report shall
detail:
(1) the Commission's legal authorities with respect
to:
(A) the composition of the board and the
selection of board members; and
(B) the compensation of board members and
executive staff;
(2) whether board member and executive staff
compensation is commensurate with that of State and
local public finance officials, including State
treasurers and municipal finance directors; and
(3) whether the current board member selection
process ensures adequate representation of municipal
securities stakeholders and accountability to local
governments and municipal bondholders.
Selective Service System
salaries and expenses
For necessary expenses of the Selective Service System,
including expenses of attendance at meetings and of training
for uniformed personnel assigned to the Selective Service
System, as authorized by 5 U.S.C. 4101-4118 for civilian
employees; hire of passenger motor vehicles; services as
authorized by 5 U.S.C. 3109; and not to exceed $750 for
official reception and representation expenses; $27,100,000:
Provided, That during the current fiscal year, the President
may exempt this appropriation from the provisions of 31 U.S.C.
1341, whenever the President deems such action to be necessary
in the interest of national defense: Provided further, That
none of the funds appropriated by this Act may be expended for
or in connection with the induction of any person into the
Armed Forces of the United States.
Small Business Administration
salaries and expenses
For necessary expenses, not otherwise provided for, of the
Small Business Administration, including hire of passenger
motor vehicles as authorized by sections 1343 and 1344 of title
31, United States Code, and not to exceed $3,500 for official
reception and representation expenses, $270,157,000, of which
not less than $12,000,000 shall be available for examinations,
reviews, and other lender oversight activities: Provided, That
the Administrator is authorized to charge fees to cover the
cost of publications developed by the Small Business
Administration, and certain loan program activities, including
fees authorized by section 5(b) of the Small Business Act:
Provided further, That, notwithstanding 31 U.S.C. 3302,
revenues received from all such activities shall be credited to
this account, to remain available until expended, for carrying
out these purposes without further appropriations: Provided
further, That the Small Business Administration may accept
gifts in an amount not to exceed $4,000,000 and may co-sponsor
activities, each in accordance with section 132(a) of division
K of Public Law 108-447, during fiscal year 2020: Provided
further, That $6,100,000 shall be available for the Loan
Modernization and Accounting System, to be available until
September 30, 2021: Provided further, That $3,000,000 shall be
for the Federal and State Technology Partnership Program under
section 34 of the Small Business Act (15 U.S.C. 657d).
entrepreneurial development programs
For necessary expenses of programs supporting entrepreneurial
and small business development, $261,000,000, to remain
available until September 30, 2021: Provided, That
$135,000,000 shall be available to fund grants for performance
in fiscal year 2020 or fiscal year 2021 as authorized by
section 21 of the Small Business Act: Provided further, That
$34,500,000 shall be for marketing, management, and technical
assistance under section 7(m) of the Small Business Act (15
U.S.C. 636(m)(4)) by intermediaries that make microloans under
the microloan program: Provided further, That $19,000,000
shall be available for grants to States to carry out export
programs that assist small business concerns authorized under
section 22(l) of the Small Business Act (15 U.S.C. 649(l)).
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of
1978, $21,900,000.
office of advocacy
For necessary expenses of the Office of Advocacy in carrying
out the provisions of title II of Public Law 94-305 (15 U.S.C.
634a et seq.) and the Regulatory Flexibility Act of 1980 (5
U.S.C. 601 et seq.), $9,120,000, to remain available until
expended.
business loans program account
(including transfers of funds)
For the cost of direct loans, $5,000,000, to remain available
until expended, and for the cost of guaranteed loans as
authorized by section 7(a) of the Small Business Act (Public
Law 83-163), $99,000,000, to remain available until expended:
Provided, That such costs, including the cost of modifying such
loans, shall be as defined in section 502 of the Congressional
Budget Act of 1974: Provided further, That subject to section
502 of the Congressional Budget Act of 1974, during fiscal year
2020 commitments to guarantee loans under section 503 of the
Small Business Investment Act of 1958 shall not exceed
$7,500,000,000: Provided further, That during fiscal year 2020
commitments for general business loans authorized under section
7(a) of the Small Business Act shall not exceed $30,000,000,000
for a combination of amortizing term loans and the aggregated
maximum line of credit provided by revolving loans: Provided
further, That during fiscal year 2020 commitments for loans
authorized under subparagraph (C) of section 502(7) of the
Small Business Investment Act of 1958 (15 U.S.C. 696(7)) shall
not exceed $7,500,000,000: Provided further, That during
fiscal year 2020 commitments to guarantee loans for debentures
under section 303(b) of the Small Business Investment Act of
1958 shall not exceed $4,000,000,000: Provided further, That
during fiscal year 2020, guarantees of trust certificates
authorized by section 5(g) of the Small Business Act shall not
exceed a principal amount of $12,000,000,000. In addition, for
administrative expenses to carry out the direct and guaranteed
loan programs, $155,150,000, which may be transferred to and
merged with the appropriations for Salaries and Expenses.
disaster loans program account
(including transfers of funds)
For administrative expenses to carry out the direct loan
program authorized by section 7(b) of the Small Business Act,
$177,136,000, to be available until expended, of which
$1,600,000 is for the Office of Inspector General of the Small
Business Administration for audits and reviews of disaster
loans and the disaster loan programs and shall be transferred
to and merged with the appropriations for the Office of
Inspector General; of which $167,136,000 is for direct
administrative expenses of loan making and servicing to carry
out the direct loan program, which may be transferred to and
merged with the appropriations for Salaries and Expenses; and
of which $8,400,000 is for indirect administrative expenses for
the direct loan program, which may be transferred to and merged
with the appropriations for Salaries and Expenses: Provided,
That, of the funds provided under this heading, $150,888,000
shall be for major disasters declared pursuant to the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5122(2)): Provided further, That the amount for major
disasters under this heading is designated by Congress as being
for disaster relief pursuant to section 251(b)(2)(D) of the
Balanced Budget and Emergency Deficit Control Act of 1985
(Public Law 99-177).
administrative provisions--small business administration
(including transfers of funds)
Sec. 540. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Small Business
Administration in this Act may be transferred between such
appropriations, but no such appropriation shall be increased by
more than 10 percent by any such transfers: Provided, That any
transfer pursuant to this paragraph shall be treated as a
reprogramming of funds under section 608 of this Act and shall
not be available for obligation or expenditure except in
compliance with the procedures set forth in that section.
Sec. 541. Not to exceed 3 percent of any appropriation made
available in this Act for the Small Business Administration
under the headings ``Salaries and Expenses'' and ``Business
Loans Program Account'' may be transferred to the
Administration's information technology system modernization
and working capital fund (IT WCF), as authorized by section
1077(b)(1) of title X of division A of the National Defense
Authorization Act for Fiscal Year 2018, for the purposes
specified in section 1077(b)(3) of such Act, upon the advance
approval of the Committees on Appropriations of the House of
Representatives and the Senate: Provided, That amounts
transferred to the IT WCF under this section shall remain
available for obligation through September 30, 2023.
United States Postal Service
payment to the postal service fund
For payment to the Postal Service Fund for revenue forgone on
free and reduced rate mail, pursuant to subsections (c) and (d)
of section 2401 of title 39, United States Code, $56,711,000:
Provided, That mail for overseas voting and mail for the blind
shall continue to be free: Provided further, That 6-day
delivery and rural delivery of mail shall continue at not less
than the 1983 level: Provided further, That none of the funds
made available to the Postal Service by this Act shall be used
to implement any rule, regulation, or policy of charging any
officer or employee of any State or local child support
enforcement agency, or any individual participating in a State
or local program of child support enforcement, a fee for
information requested or provided concerning an address of a
postal customer: Provided further, That none of the funds
provided in this Act shall be used to consolidate or close
small rural and other small post offices: Provided further,
That the Postal Service may not destroy, and shall continue to
offer for sale, any copies of the Multinational Species
Conservation Funds Semipostal Stamp, as authorized under the
Multinational Species Conservation Funds Semipostal Stamp Act
of 2010 (Public Law 111-241).
office of inspector general
salaries and expenses
(including transfer of funds)
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of
1978, $250,000,000, to be derived by transfer from the Postal
Service Fund and expended as authorized by section 603(b)(3) of
the Postal Accountability and Enhancement Act (Public Law 109-
435).
United States Tax Court
salaries and expenses
For necessary expenses, including contract reporting and
other services as authorized by 5 U.S.C. 3109, and not to
exceed $3,000 for official reception and representation
expenses: $53,000,000, of which $1,000,000 shall remain
available until expended: Provided, That travel expenses of
the judges shall be paid upon the written certificate of the
judge.
TITLE VI
GENERAL PROVISIONS--THIS ACT
(including rescission of funds)
Sec. 601. None of the funds in this Act shall be used for
the planning or execution of any program to pay the expenses
of, or otherwise compensate, non-Federal parties intervening in
regulatory or adjudicatory proceedings funded in this Act.
Sec. 602. None of the funds appropriated in this Act shall
remain available for obligation beyond the current fiscal year,
nor may any be transferred to other appropriations, unless
expressly so provided herein.
Sec. 603. The expenditure of any appropriation under this
Act for any consulting service through procurement contract
pursuant to 5 U.S.C. 3109, shall be limited to those contracts
where such expenditures are a matter of public record and
available for public inspection, except where otherwise
provided under existing law, or under existing Executive order
issued pursuant to existing law.
Sec. 604. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality of
the United States Government, except pursuant to a transfer
made by, or transfer authority provided in, this Act or any
other appropriations Act.
Sec. 605. None of the funds made available by this Act shall
be available for any activity or for paying the salary of any
Government employee where funding an activity or paying a
salary to a Government employee would result in a decision,
determination, rule, regulation, or policy that would prohibit
the enforcement of section 307 of the Tariff Act of 1930 (19
U.S.C. 1307).
Sec. 606. No funds appropriated pursuant to this Act may be
expended by an entity unless the entity agrees that in
expending the assistance the entity will comply with chapter 83
of title 41, United States Code.
Sec. 607. No funds appropriated or otherwise made available
under this Act shall be made available to any person or entity
that has been convicted of violating chapter 83 of title 41,
United States Code.
Sec. 608. Except as otherwise provided in this Act, none of
the funds provided in this Act, provided by previous
appropriations Acts to the agencies or entities funded in this
Act that remain available for obligation or expenditure in
fiscal year 2020, or provided from any accounts in the Treasury
derived by the collection of fees and available to the agencies
funded by this Act, shall be available for obligation or
expenditure through a reprogramming of funds that: (1) creates
a new program; (2) eliminates a program, project, or activity;
(3) increases funds or personnel for any program, project, or
activity for which funds have been denied or restricted by the
Congress; (4) proposes to use funds directed for a specific
activity by the Committee on Appropriations of either the House
of Representatives or the Senate for a different purpose; (5)
augments existing programs, projects, or activities in excess
of $5,000,000 or 10 percent, whichever is less; (6) reduces
existing programs, projects, or activities by $5,000,000 or 10
percent, whichever is less; or (7) creates or reorganizes
offices, programs, or activities unless prior approval is
received from the Committees on Appropriations of the House of
Representatives and the Senate: Provided, That prior to any
significant reorganization, restructuring, relocation, or
closing of offices, programs, or activities, each agency or
entity funded in this Act shall consult with the Committees on
Appropriations of the House of Representatives and the Senate:
Provided further, That not later than 60 days after the date of
enactment of this Act, each agency funded by this Act shall
submit a report to the Committees on Appropriations of the
House of Representatives and the Senate to establish the
baseline for application of reprogramming and transfer
authorities for the current fiscal year: Provided further,
That at a minimum the report shall include: (1) a table for
each appropriation, detailing both full-time employee
equivalents and budget authority, with separate columns to
display the prior year enacted level, the President's budget
request, adjustments made by Congress, adjustments due to
enacted rescissions, if appropriate, and the fiscal year
enacted level; (2) a delineation in the table for each
appropriation and its respective prior year enacted level by
object class and program, project, and activity as detailed in
this Act, in the accompanying report, or in the budget appendix
for the respective appropriation, whichever is more detailed,
and which shall apply to all items for which a dollar amount is
specified and to all programs for which new budget authority is
provided, as well as to discretionary grants and discretionary
grant allocations; and (3) an identification of items of
special congressional interest: Provided further, That the
amount appropriated or limited for salaries and expenses for an
agency shall be reduced by $100,000 per day for each day after
the required date that the report has not been submitted to the
Congress.
Sec. 609. Except as otherwise specifically provided by law,
not to exceed 50 percent of unobligated balances remaining
available at the end of fiscal year 2020 from appropriations
made available for salaries and expenses for fiscal year 2020
in this Act, shall remain available through September 30, 2021,
for each such account for the purposes authorized: Provided,
That a request shall be submitted to the Committees on
Appropriations of the House of Representatives and the Senate
for approval prior to the expenditure of such funds: Provided
further, That these requests shall be made in compliance with
reprogramming guidelines.
Sec. 610. (a) None of the funds made available in this Act
may be used by the Executive Office of the President to
request--
(1) any official background investigation report on
any individual from the Federal Bureau of
Investigation; or
(2) a determination with respect to the treatment of
an organization as described in section 501(c) of the
Internal Revenue Code of 1986 and exempt from taxation
under section 501(a) of such Code from the Department
of the Treasury or the Internal Revenue Service.
(b) Subsection (a) shall not apply--
(1) in the case of an official background
investigation report, if such individual has given
express written consent for such request not more than
6 months prior to the date of such request and during
the same presidential administration; or
(2) if such request is required due to extraordinary
circumstances involving national security.
Sec. 611. The cost accounting standards promulgated under
chapter 15 of title 41, United States Code shall not apply with
respect to a contract under the Federal Employees Health
Benefits Program established under chapter 89 of title 5,
United States Code.
Sec. 612. For the purpose of resolving litigation and
implementing any settlement agreements regarding the nonforeign
area cost-of-living allowance program, the Office of Personnel
Management may accept and utilize (without regard to any
restriction on unanticipated travel expenses imposed in an
Appropriations Act) funds made available to the Office of
Personnel Management pursuant to court approval.
Sec. 613. No funds appropriated by this Act shall be
available to pay for an abortion, or the administrative
expenses in connection with any health plan under the Federal
employees health benefits program which provides any benefits
or coverage for abortions.
Sec. 614. The provision of section 613 shall not apply where
the life of the mother would be endangered if the fetus were
carried to term, or the pregnancy is the result of an act of
rape or incest.
Sec. 615. In order to promote Government access to
commercial information technology, the restriction on
purchasing nondomestic articles, materials, and supplies set
forth in chapter 83 of title 41, United States Code (popularly
known as the Buy American Act), shall not apply to the
acquisition by the Federal Government of information technology
(as defined in section 11101 of title 40, United States Code),
that is a commercial item (as defined in section 103 of title
41, United States Code).
Sec. 616. Notwithstanding section 1353 of title 31, United
States Code, no officer or employee of any regulatory agency or
commission funded by this Act may accept on behalf of that
agency, nor may such agency or commission accept, payment or
reimbursement from a non-Federal entity for travel,
subsistence, or related expenses for the purpose of enabling an
officer or employee to attend and participate in any meeting or
similar function relating to the official duties of the officer
or employee when the entity offering payment or reimbursement
is a person or entity subject to regulation by such agency or
commission, or represents a person or entity subject to
regulation by such agency or commission, unless the person or
entity is an organization described in section 501(c)(3) of the
Internal Revenue Code of 1986 and exempt from tax under section
501(a) of such Code.
Sec. 617. Notwithstanding section 708 of this Act, funds
made available to the Commodity Futures Trading Commission and
the Securities and Exchange Commission by this or any other Act
may be used for the interagency funding and sponsorship of a
joint advisory committee to advise on emerging regulatory
issues.
Sec. 618. (a)(1) Notwithstanding any other provision of law,
an Executive agency covered by this Act otherwise authorized to
enter into contracts for either leases or the construction or
alteration of real property for office, meeting, storage, or
other space must consult with the General Services
Administration before issuing a solicitation for offers of new
leases or construction contracts, and in the case of succeeding
leases, before entering into negotiations with the current
lessor.
(2) Any such agency with authority to enter into an emergency
lease may do so during any period declared by the President to
require emergency leasing authority with respect to such
agency.
(b) For purposes of this section, the term ``Executive agency
covered by this Act'' means any Executive agency provided funds
by this Act, but does not include the General Services
Administration or the United States Postal Service.
Sec. 619. (a) There are appropriated for the following
activities the amounts required under current law:
(1) Compensation of the President (3 U.S.C. 102).
(2) Payments to--
(A) the Judicial Officers' Retirement Fund
(28 U.S.C. 377(o));
(B) the Judicial Survivors' Annuities Fund
(28 U.S.C. 376(c)); and
(C) the United States Court of Federal Claims
Judges' Retirement Fund (28 U.S.C. 178(l)).
(3) Payment of Government contributions--
(A) with respect to the health benefits of
retired employees, as authorized by chapter 89
of title 5, United States Code, and the Retired
Federal Employees Health Benefits Act (74 Stat.
849); and
(B) with respect to the life insurance
benefits for employees retiring after December
31, 1989 (5 U.S.C. ch. 87).
(4) Payment to finance the unfunded liability of new
and increased annuity benefits under the Civil Service
Retirement and Disability Fund (5 U.S.C. 8348).
(5) Payment of annuities authorized to be paid from
the Civil Service Retirement and Disability Fund by
statutory provisions other than subchapter III of
chapter 83 or chapter 84 of title 5, United States
Code.
(b) Nothing in this section may be construed to exempt any
amount appropriated by this section from any otherwise
applicable limitation on the use of funds contained in this
Act.
Sec. 620. (a) In addition to amounts made available in prior
fiscal years, the Public Company Accounting Oversight Board
(Board) shall have authority to obligate funds for the
scholarship program established by section 109(c)(2) of the
Sarbanes-Oxley Act of 2002 (Public Law 107-204) in fiscal year
2020 in an aggregate amount not exceeding the amount of funds
collected by the Board between January 1, 2019, and September
30, 2019, including accrued interest, and between October 1,
2019, and September 30, 2020, including accrued interest, as a
result of the assessment of monetary penalties. Funds available
for obligation in fiscal year 2020 shall remain available until
expended.
(b) Beginning in fiscal year 2021 and for each fiscal year
thereafter, the Board shall have authority to obligate funds
for the scholarship program established by section 109(c)(2) of
the Sarbanes-Oxley Act of 2002 (Public Law 107-204) in such
fiscal year in an aggregate amount not exceeding the amounts of
funds collected by the Board between October 1 and September 30
of such fiscal year, including accrued interest, as a result of
the assessment of monetary penalties. Funds made available for
obligation in any fiscal year shall be in addition to amounts
made available in prior fiscal years and shall remain available
until expended.
Sec. 621. None of the funds made available in this Act may
be used by the Federal Trade Commission to complete the draft
report entitled ``Interagency Working Group on Food Marketed to
Children: Preliminary Proposed Nutrition Principles to Guide
Industry Self-Regulatory Efforts'' unless the Interagency
Working Group on Food Marketed to Children complies with
Executive Order No. 13563.
Sec. 622. (a) The head of each executive branch agency funded
by this Act shall ensure that the Chief Information Officer of
the agency has the authority to participate in decisions
regarding the budget planning process related to information
technology.
(b) Amounts appropriated for any executive branch agency
funded by this Act that are available for information
technology shall be allocated within the agency, consistent
with the provisions of appropriations Acts and budget
guidelines and recommendations from the Director of the Office
of Management and Budget, in such manner as specified by, or
approved by, the Chief Information Officer of the agency in
consultation with the Chief Financial Officer of the agency and
budget officials.
Sec. 623. None of the funds made available in this Act may
be used in contravention of chapter 29, 31, or 33 of title 44,
United States Code.
Sec. 624. None of the funds made available in this Act may
be used by a governmental entity to require the disclosure by a
provider of electronic communication service to the public or
remote computing service of the contents of a wire or
electronic communication that is in electronic storage with the
provider (as such terms are defined in sections 2510 and 2711
of title 18, United States Code) in a manner that violates the
Fourth Amendment to the Constitution of the United States.
Sec. 625. None of the funds appropriated by this Act may be
used by the Federal Communications Commission to modify, amend,
or change the rules or regulations of the Commission for
universal service high-cost support for competitive eligible
telecommunications carriers in a way that is inconsistent with
paragraph (e)(5) or (e)(6) of section 54.307 of title 47, Code
of Federal Regulations, as in effect on July 15, 2015:
Provided, That this section shall not prohibit the Commission
from considering, developing, or adopting other support
mechanisms as an alternative to Mobility Fund Phase II.
Sec. 626. No funds provided in this Act shall be used to
deny an Inspector General funded under this Act timely access
to any records, documents, or other materials available to the
department or agency over which that Inspector General has
responsibilities under the Inspector General Act of 1978, or to
prevent or impede that Inspector General's access to such
records, documents, or other materials, under any provision of
law, except a provision of law that expressly refers to the
Inspector General and expressly limits the Inspector General's
right of access. A department or agency covered by this section
shall provide its Inspector General with access to all such
records, documents, and other materials in a timely manner.
Each Inspector General shall ensure compliance with statutory
limitations on disclosure relevant to the information provided
by the establishment over which that Inspector General has
responsibilities under the Inspector General Act of 1978. Each
Inspector General covered by this section shall report to the
Committees on Appropriations of the House of Representatives
and the Senate within 5 calendar days any failures to comply
with this requirement.
Sec. 627. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network unless
such network blocks the viewing, downloading, and exchanging of
pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law
enforcement agency or any other entity carrying out criminal
investigations, prosecution, adjudication activities, or other
law enforcement- or victim assistance-related activity.
Sec. 628. None of the funds appropriated or other-wise made
available by this Act may be used to pay award or incentive
fees for contractors whose performance has been judged to be
below satisfactory, behind schedule, over budget, or has failed
to meet the basic requirements of a contract, unless the Agency
determines that any such deviations are due to unforeseeable
events, government-driven scope changes, or are not significant
within the overall scope of the project and/or program and
unless such awards or incentive fees are consistent with
16.401(e)(2) of the Federal Acquisition Regulation.
Sec. 629. (a) None of the funds made available under this Act
may be used to pay for travel and conference activities that
result in a total cost to an Executive branch department,
agency, board or commission funded by this Act of more than
$500,000 at any single conference unless the agency or entity
determines that such attendance is in the national interest and
advance notice is transmitted to the Committees on
Appropriations of the House of Representatives and the Senate
that includes the basis of that determination.
(b) None of the funds made available under this Act may be
used to pay for the travel to or attendance of more than 50
employees, who are stationed in the United States, at any
single conference occurring outside the United States unless
the agency or entity determines that such attendance is in the
national interest and advance notice is transmitted to the
Committees on Appropriations of the House of Representatives
and the Senate that includes the basis of that determination.
Sec. 630. None of the funds made available by this Act may
be used for first-class or business-class travel by the
employees of executive branch agencies funded by this Act in
contravention of sections 301-10.122 through 301-10.125 of
title 41, Code of Federal Regulations.
Sec. 631. In addition to any amounts appropriated or
otherwise made available for expenses related to enhancements
to www.oversight.gov, $1,000,000, to remain available until
expended, shall be provided for an additional amount for such
purpose to the Inspectors General Council Fund established
pursuant to Section 11(c)(3)(B) of the Inspector General Act of
1978 (5 U.S.C. App.): Provided, That these amounts shall be in
addition to any amounts or any authority available to the
Council of the Inspectors General on Integrity and Efficiency
under section 11 of the Inspector General Act of 1978 (5 U.S.C.
App.).
Sec. 632. Of the unobligated balances from prior year
appropriations available under the heading ``Small Business
Administration--Business Loans Program Account'' heading,
$16,369,000 are hereby permanently rescinded: Provided, That
no amounts may be rescinded under this section from amounts
that were designated by the Congress as an emergency
requirement pursuant to a concurrent resolution on the budget
or the Balanced Budget and Emergency Deficit Control Act of
1985.
Sec. 633. None of the funds made available by this Act may
be obligated on contracts in excess of $5,000 for public
relations, as that term is defined in Office and Management and
Budget Circular A-87 (revised May 10, 2004), unless advance
notice of such an obligation is transmitted to the Committees
on Appropriations of the House of Representatives and the
Senate.
Sec. 634. None of the funds made available by this Act shall
be used by the Securities and Exchange Commission to finalize,
issue, or implement any rule, regulation, or order regarding
the disclosure of political contributions, contributions to tax
exempt organizations, or dues paid to trade associations.
Sec. 635. None of the funds appropriated by this Act may be
used to enforce section 540 of Public Law 110-329 (122 Stat.
3688) or section 538 of Public Law 112-74 (125 Stat. 976; 6
U.S.C. 190 note).
TITLE VII
GENERAL PROVISIONS--GOVERNMENT-WIDE
Departments, Agencies, and Corporations
(including transfer of funds)
Sec. 701. No department, agency, or instrumentality of the
United States receiving appropriated funds under this or any
other Act for fiscal year 2020 shall obligate or expend any
such funds, unless such department, agency, or instrumentality
has in place, and will continue to administer in good faith, a
written policy designed to ensure that all of its workplaces
are free from the illegal use, possession, or distribution of
controlled substances (as defined in the Controlled Substances
Act (21 U.S.C. 802)) by the officers and employees of such
department, agency, or instrumentality.
Sec. 702. Unless otherwise specifically provided, the
maximum amount allowable during the current fiscal year in
accordance with subsection 1343(c) of title 31, United States
Code, for the purchase of any passenger motor vehicle
(exclusive of buses, ambulances, law enforcement vehicles,
protective vehicles, and undercover surveillance vehicles), is
hereby fixed at $19,947 except station wagons for which the
maximum shall be $19,997: Provided, That these limits may be
exceeded by not to exceed $7,250 for police-type vehicles:
Provided further, That the limits set forth in this section may
not be exceeded by more than 5 percent for electric or hybrid
vehicles purchased for demonstration under the provisions of
the Electric and Hybrid Vehicle Research, Development, and
Demonstration Act of 1976: Provided further, That the limits
set forth in this section may be exceeded by the incremental
cost of clean alternative fuels vehicles acquired pursuant to
Public Law 101-549 over the cost of comparable conventionally
fueled vehicles: Provided further, That the limits set forth
in this section shall not apply to any vehicle that is a
commercial item and which operates on alternative fuel,
including but not limited to electric, plug-in hybrid electric,
and hydrogen fuel cell vehicles.
Sec. 703. Appropriations of the executive departments and
independent establishments for the current fiscal year
available for expenses of travel, or for the expenses of the
activity concerned, are hereby made available for quarters
allowances and cost-of-living allowances, in accordance with 5
U.S.C. 5922-5924.
Sec. 704. Unless otherwise specified in law during the
current fiscal year, no part of any appropriation contained in
this or any other Act shall be used to pay the compensation of
any officer or employee of the Government of the United States
(including any agency the majority of the stock of which is
owned by the Government of the United States) whose post of
duty is in the continental United States unless such person:
(1) is a citizen of the United States; (2) is a person who is
lawfully admitted for permanent residence and is seeking
citizenship as outlined in 8 U.S.C. 1324b(a)(3)(B); (3) is a
person who is admitted as a refugee under 8 U.S.C. 1157 or is
granted asylum under 8 U.S.C. 1158 and has filed a declaration
of intention to become a lawful permanent resident and then a
citizen when eligible; or (4) is a person who owes allegiance
to the United States: Provided, That for purposes of this
section, affidavits signed by any such person shall be
considered prima facie evidence that the requirements of this
section with respect to his or her status are being complied
with: Provided further, That for purposes of subsections (2)
and (3) such affidavits shall be submitted prior to employment
and updated thereafter as necessary: Provided further, That
any person making a false affidavit shall be guilty of a
felony, and upon conviction, shall be fined no more than $4,000
or imprisoned for not more than 1 year, or both: Provided
further, That the above penal clause shall be in addition to,
and not in substitution for, any other provisions of existing
law: Provided further, That any payment made to any officer or
employee contrary to the provisions of this section shall be
recoverable in action by the Federal Government: Provided
further, That this section shall not apply to any person who is
an officer or employee of the Government of the United States
on the date of enactment of this Act, or to international
broadcasters employed by the Broadcasting Board of Governors,
or to temporary employment of translators, or to temporary
employment in the field service (not to exceed 60 days) as a
result of emergencies: Provided further, That this section
does not apply to the employment as Wildland firefighters for
not more than 120 days of nonresident aliens employed by the
Department of the Interior or the USDA Forest Service pursuant
to an agreement with another country.
Sec. 705. Appropriations available to any department or
agency during the current fiscal year for necessary expenses,
including maintenance or operating expenses, shall also be
available for payment to the General Services Administration
for charges for space and services and those expenses of
renovation and alteration of buildings and facilities which
constitute public improvements performed in accordance with the
Public Buildings Act of 1959 (73 Stat. 479), the Public
Buildings Amendments of 1972 (86 Stat. 216), or other
applicable law.
Sec. 706. In addition to funds provided in this or any other
Act, all Federal agencies are authorized to receive and use
funds resulting from the sale of materials, including Federal
records disposed of pursuant to a records schedule recovered
through recycling or waste prevention programs. Such funds
shall be available until expended for the following purposes:
(1) Acquisition, waste reduction and prevention, and
recycling programs as described in Executive Order No.
13834 (May 17, 2018), including any such programs
adopted prior to the effective date of the Executive
order.
(2) Other Federal agency environmental management
programs, including, but not limited to, the
development and implementation of hazardous waste
management and pollution prevention programs.
(3) Other employee programs as authorized by law or
as deemed appropriate by the head of the Federal
agency.
Sec. 707. Funds made available by this or any other Act for
administrative expenses in the current fiscal year of the
corporations and agencies subject to chapter 91 of title 31,
United States Code, shall be available, in addition to objects
for which such funds are otherwise available, for rent in the
District of Columbia; services in accordance with 5 U.S.C.
3109; and the objects specified under this head, all the
provisions of which shall be applicable to the expenditure of
such funds unless otherwise specified in the Act by which they
are made available: Provided, That in the event any functions
budgeted as administrative expenses are subsequently
transferred to or paid from other funds, the limitations on
administrative expenses shall be correspondingly reduced.
Sec. 708. No part of any appropriation contained in this or
any other Act shall be available for interagency financing of
boards (except Federal Executive Boards), commissions,
councils, committees, or similar groups (whether or not they
are interagency entities) which do not have a prior and
specific statutory approval to receive financial support from
more than one agency or instrumentality.
Sec. 709. None of the funds made available pursuant to the
provisions of this or any other Act shall be used to implement,
administer, or enforce any regulation which has been
disapproved pursuant to a joint resolution duly adopted in
accordance with the applicable law of the United States.
Sec. 710. During the period in which the head of any
department or agency, or any other officer or civilian employee
of the Federal Government appointed by the President of the
United States, holds office, no funds may be obligated or
expended in excess of $5,000 to furnish or redecorate the
office of such department head, agency head, officer, or
employee, or to purchase furniture or make improvements for any
such office, unless advance notice of such furnishing or
redecoration is transmitted to the Committees on Appropriations
of the House of Representatives and the Senate. For the
purposes of this section, the term ``office'' shall include the
entire suite of offices assigned to the individual, as well as
any other space used primarily by the individual or the use of
which is directly controlled by the individual.
Sec. 711. Notwithstanding 31 U.S.C. 1346, or section 708 of
this Act, funds made available for the current fiscal year by
this or any other Act shall be available for the interagency
funding of national security and emergency preparedness
telecommunications initiatives which benefit multiple Federal
departments, agencies, or entities, as provided by Executive
Order No. 13618 (July 6, 2012).
Sec. 712. (a) None of the funds made available by this or any
other Act may be obligated or expended by any department,
agency, or other instrumentality of the Federal Government to
pay the salaries or expenses of any individual appointed to a
position of a confidential or policy-determining character that
is excepted from the competitive service under section 3302 of
title 5, United States Code, (pursuant to schedule C of subpart
C of part 213 of title 5 of the Code of Federal Regulations)
unless the head of the applicable department, agency, or other
instrumentality employing such schedule C individual certifies
to the Director of the Office of Personnel Management that the
schedule C position occupied by the individual was not created
solely or primarily in order to detail the individual to the
White House.
(b) The provisions of this section shall not apply to Federal
employees or members of the armed forces detailed to or from an
element of the intelligence community (as that term is defined
under section 3(4) of the National Security Act of 1947 (50
U.S.C. 3003(4))).
Sec. 713. No part of any appropriation contained in this or
any other Act shall be available for the payment of the salary
of any officer or employee of the Federal Government, who--
(1) prohibits or prevents, or attempts or threatens
to prohibit or prevent, any other officer or employee
of the Federal Government from having any direct oral
or written communication or contact with any Member,
committee, or subcommittee of the Congress in
connection with any matter pertaining to the employment
of such other officer or employee or pertaining to the
department or agency of such other officer or employee
in any way, irrespective of whether such communication
or contact is at the initiative of such other officer
or employee or in response to the request or inquiry of
such Member, committee, or subcommittee; or
(2) removes, suspends from duty without pay, demotes,
reduces in rank, seniority, status, pay, or performance
or efficiency rating, denies promotion to, relocates,
reassigns, transfers, disciplines, or discriminates in
regard to any employment right, entitlement, or
benefit, or any term or condition of employment of, any
other officer or employee of the Federal Government, or
attempts or threatens to commit any of the foregoing
actions with respect to such other officer or employee,
by reason of any communication or contact of such other
officer or employee with any Member, committee, or
subcommittee of the Congress as described in paragraph
(1).
Sec. 714. (a) None of the funds made available in this or any
other Act may be obligated or expended for any employee
training that--
(1) does not meet identified needs for knowledge,
skills, and abilities bearing directly upon the
performance of official duties;
(2) contains elements likely to induce high levels of
emotional response or psychological stress in some
participants;
(3) does not require prior employee notification of
the content and methods to be used in the training and
written end of course evaluation;
(4) contains any methods or content associated with
religious or quasi-religious belief systems or ``new
age'' belief systems as defined in Equal Employment
Opportunity Commission Notice N-915.022, dated
September 2, 1988; or
(5) is offensive to, or designed to change,
participants' personal values or lifestyle outside the
workplace.
(b) Nothing in this section shall prohibit, restrict, or
otherwise preclude an agency from conducting training bearing
directly upon the performance of official duties.
Sec. 715. No part of any funds appropriated in this or any
other Act shall be used by an agency of the executive branch,
other than for normal and recognized executive-legislative
relationships, for publicity or propaganda purposes, and for
the preparation, distribution or use of any kit, pamphlet,
booklet, publication, radio, television, or film presentation
designed to support or defeat legislation pending before the
Congress, except in presentation to the Congress itself.
Sec. 716. None of the funds appropriated by this or any
other Act may be used by an agency to provide a Federal
employee's home address to any labor organization except when
the employee has authorized such disclosure or when such
disclosure has been ordered by a court of competent
jurisdiction.
Sec. 717. None of the funds made available in this or any
other Act may be used to provide any non-public information
such as mailing, telephone, or electronic mailing lists to any
person or any organization outside of the Federal Government
without the approval of the Committees on Appropriations of the
House of Representatives and the Senate.
Sec. 718. No part of any appropriation contained in this or
any other Act shall be used directly or indirectly, including
by private contractor, for publicity or propaganda purposes
within the United States not heretofore authorized by Congress.
Sec. 719. (a) In this section, the term ``agency''--
(1) means an Executive agency, as defined under 5
U.S.C. 105; and
(2) includes a military department, as defined under
section 102 of such title, the United States Postal
Service, and the Postal Regulatory Commission.
(b) Unless authorized in accordance with law or regulations
to use such time for other purposes, an employee of an agency
shall use official time in an honest effort to perform official
duties. An employee not under a leave system, including a
Presidential appointee exempted under 5 U.S.C. 6301(2), has an
obligation to expend an honest effort and a reasonable
proportion of such employee's time in the performance of
official duties.
Sec. 720. Notwithstanding 31 U.S.C. 1346 and section 708 of
this Act, funds made available for the current fiscal year by
this or any other Act to any department or agency, which is a
member of the Federal Accounting Standards Advisory Board
(FASAB), shall be available to finance an appropriate share of
FASAB administrative costs.
Sec. 721. Notwithstanding 31 U.S.C. 1346 and section 708 of
this Act, the head of each Executive department and agency is
hereby authorized to transfer to or reimburse ``General
Services Administration, Government-wide Policy'' with the
approval of the Director of the Office of Management and
Budget, funds made available for the current fiscal year by
this or any other Act, including rebates from charge card and
other contracts: Provided, That these funds shall be
administered by the Administrator of General Services to
support Government-wide and other multi-agency financial,
information technology, procurement, and other management
innovations, initiatives, and activities, including improving
coordination and reducing duplication, as approved by the
Director of the Office of Management and Budget, in
consultation with the appropriate interagency and multi-agency
groups designated by the Director (including the President's
Management Council for overall management improvement
initiatives, the Chief Financial Officers Council for financial
management initiatives, the Chief Information Officers Council
for information technology initiatives, the Chief Human Capital
Officers Council for human capital initiatives, the Chief
Acquisition Officers Council for procurement initiatives, and
the Performance Improvement Council for performance improvement
initiatives): Provided further, That the total funds
transferred or reimbursed shall not exceed $15,000,000 to
improve coordination, reduce duplication, and for other
activities related to Federal Government Priority Goals
established by 31 U.S.C. 1120, and not to exceed $17,000,000
for Government-Wide innovations, initiatives, and activities:
Provided further, That the funds transferred to or for
reimbursement of ``General Services Administration, Government-
wide Policy'' during fiscal year 2020 shall remain available
for obligation through September 30, 2021: Provided further,
That such transfers or reimbursements may only be made after 15
days following notification of the Committees on Appropriations
of the House of Representatives and the Senate by the Director
of the Office of Management and Budget.
Sec. 722. Notwithstanding any other provision of law, a
woman may breastfeed her child at any location in a Federal
building or on Federal property, if the woman and her child are
otherwise authorized to be present at the location.
Sec. 723. Notwithstanding 31 U.S.C. 1346, or section 708 of
this Act, funds made available for the current fiscal year by
this or any other Act shall be available for the interagency
funding of specific projects, workshops, studies, and similar
efforts to carry out the purposes of the National Science and
Technology Council (authorized by Executive Order No. 12881),
which benefit multiple Federal departments, agencies, or
entities: Provided, That the Office of Management and Budget
shall provide a report describing the budget of and resources
connected with the National Science and Technology Council to
the Committees on Appropriations, the House Committee on
Science, Space, and Technology, and the Senate Committee on
Commerce, Science, and Transportation 90 days after enactment
of this Act.
Sec. 724. Any request for proposals, solicitation, grant
application, form, notification, press release, or other
publications involving the distribution of Federal funds shall
comply with any relevant requirements in part 200 of title 2,
Code of Federal Regulations: Provided, That this section shall
apply to direct payments, formula funds, and grants received by
a State receiving Federal funds.
Sec. 725. (a) Prohibition of Federal Agency Monitoring of
Individuals' Internet Use.--None of the funds made available in
this or any other Act may be used by any Federal agency--
(1) to collect, review, or create any aggregation of
data, derived from any means, that includes any
personally identifiable information relating to an
individual's access to or use of any Federal Government
Internet site of the agency; or
(2) to enter into any agreement with a third party
(including another government agency) to collect,
review, or obtain any aggregation of data, derived from
any means, that includes any personally identifiable
information relating to an individual's access to or
use of any nongovernmental Internet site.
(b) Exceptions.--The limitations established in subsection
(a) shall not apply to--
(1) any record of aggregate data that does not
identify particular persons;
(2) any voluntary submission of personally
identifiable information;
(3) any action taken for law enforcement, regulatory,
or supervisory purposes, in accordance with applicable
law; or
(4) any action described in subsection (a)(1) that is
a system security action taken by the operator of an
Internet site and is necessarily incident to providing
the Internet site services or to protecting the rights
or property of the provider of the Internet site.
(c) Definitions.--For the purposes of this section:
(1) The term ``regulatory'' means agency actions to
implement, interpret or enforce authorities provided in
law.
(2) The term ``supervisory'' means examinations of
the agency's supervised institutions, including
assessing safety and soundness, overall financial
condition, management practices and policies and
compliance with applicable standards as provided in
law.
Sec. 726. (a) None of the funds appropriated by this Act may
be used to enter into or renew a contract which includes a
provision providing prescription drug coverage, except where
the contract also includes a provision for contraceptive
coverage.
(b) Nothing in this section shall apply to a contract with--
(1) any of the following religious plans:
(A) Personal Care's HMO; and
(B) OSF HealthPlans, Inc.; and
(2) any existing or future plan, if the carrier for
the plan objects to such coverage on the basis of
religious beliefs.
(c) In implementing this section, any plan that enters into
or renews a contract under this section may not subject any
individual to discrimination on the basis that the individual
refuses to prescribe or otherwise provide for contraceptives
because such activities would be contrary to the individual's
religious beliefs or moral convictions.
(d) Nothing in this section shall be construed to require
coverage of abortion or abortion-related services.
Sec. 727. The United States is committed to ensuring the
health of its Olympic, Pan American, and Paralympic athletes,
and supports the strict adherence to anti-doping in sport
through testing, adjudication, education, and research as
performed by nationally recognized oversight authorities.
Sec. 728. Notwithstanding any other provision of law, funds
appropriated for official travel to Federal departments and
agencies may be used by such departments and agencies, if
consistent with Office of Management and Budget Circular A-126
regarding official travel for Government personnel, to
participate in the fractional aircraft ownership pilot program.
Sec. 729. Notwithstanding any other provision of law, none
of the funds appropriated or made available under this or any
other appropriations Act may be used to implement or enforce
restrictions or limitations on the Coast Guard Congressional
Fellowship Program, or to implement the proposed regulations of
the Office of Personnel Management to add sections 300.311
through 300.316 to part 300 of title 5 of the Code of Federal
Regulations, published in the Federal Register, volume 68,
number 174, on September 9, 2003 (relating to the detail of
executive branch employees to the legislative branch).
Sec. 730. Notwithstanding any other provision of law, no
executive branch agency shall purchase, construct, or lease any
additional facilities, except within or contiguous to existing
locations, to be used for the purpose of conducting Federal law
enforcement training without the advance approval of the
Committees on Appropriations of the House of Representatives
and the Senate, except that the Federal Law Enforcement
Training Center is authorized to obtain the temporary use of
additional facilities by lease, contract, or other agreement
for training which cannot be accommodated in existing Center
facilities.
Sec. 731. Unless otherwise authorized by existing law, none
of the funds provided in this or any other Act may be used by
an executive branch agency to produce any prepackaged news
story intended for broadcast or distribution in the United
States, unless the story includes a clear notification within
the text or audio of the prepackaged news story that the
prepackaged news story was prepared or funded by that executive
branch agency.
Sec. 732. None of the funds made available in this Act may
be used in contravention of section 552a of title 5, United
States Code (popularly known as the Privacy Act), and
regulations implementing that section.
Sec. 733. (a) In General.--None of the funds appropriated or
otherwise made available by this or any other Act may be used
for any Federal Government contract with any foreign
incorporated entity which is treated as an inverted domestic
corporation under section 835(b) of the Homeland Security Act
of 2002 (6 U.S.C. 395(b)) or any subsidiary of such an entity.
(b) Waivers.--
(1) In general.--Any Secretary shall waive subsection
(a) with respect to any Federal Government contract
under the authority of such Secretary if the Secretary
determines that the waiver is required in the interest
of national security.
(2) Report to congress.--Any Secretary issuing a
waiver under paragraph (1) shall report such issuance
to Congress.
(c) Exception.--This section shall not apply to any Federal
Government contract entered into before the date of the
enactment of this Act, or to any task order issued pursuant to
such contract.
Sec. 734. During fiscal year 2020, for each employee who--
(1) retires under section 8336(d)(2) or 8414(b)(1)(B)
of title 5, United States Code; or
(2) retires under any other provision of subchapter
III of chapter 83 or chapter 84 of such title 5 and
receives a payment as an incentive to separate, the
separating agency shall remit to the Civil Service
Retirement and Disability Fund an amount equal to the
Office of Personnel Management's average unit cost of
processing a retirement claim for the preceding fiscal
year. Such amounts shall be available until expended to
the Office of Personnel Management and shall be deemed
to be an administrative expense under section
8348(a)(1)(B) of title 5, United States Code.
Sec. 735. (a) None of the funds made available in this or any
other Act may be used to recommend or require any entity
submitting an offer for a Federal contract to disclose any of
the following information as a condition of submitting the
offer:
(1) Any payment consisting of a contribution,
expenditure, independent expenditure, or disbursement
for an electioneering communication that is made by the
entity, its officers or directors, or any of its
affiliates or subsidiaries to a candidate for election
for Federal office or to a political committee, or that
is otherwise made with respect to any election for
Federal office.
(2) Any disbursement of funds (other than a payment
described in paragraph (1)) made by the entity, its
officers or directors, or any of its affiliates or
subsidiaries to any person with the intent or the
reasonable expectation that the person will use the
funds to make a payment described in paragraph (1).
(b) In this section, each of the terms ``contribution'',
``expenditure'', ``independent expenditure'', ``electioneering
communication'', ``candidate'', ``election'', and ``Federal
office'' has the meaning given such term in the Federal
Election Campaign Act of 1971 (52 U.S.C. 30101 et seq.).
Sec. 736. None of the funds made available in this or any
other Act may be used to pay for the painting of a portrait of
an officer or employee of the Federal government, including the
President, the Vice President, a member of Congress (including
a Delegate or a Resident Commissioner to Congress), the head of
an executive branch agency (as defined in section 133 of title
41, United States Code), or the head of an office of the
legislative branch.
Sec. 737. (a)(1) Notwithstanding any other provision of law,
and except as otherwise provided in this section, no part of
any of the funds appropriated for fiscal year 2020, by this or
any other Act, may be used to pay any prevailing rate employee
described in section 5342(a)(2)(A) of title 5, United States
Code--
(A) during the period from the date of expiration of
the limitation imposed by the comparable section for
the previous fiscal years until the normal effective
date of the applicable wage survey adjustment that is
to take effect in fiscal year 2020, in an amount that
exceeds the rate payable for the applicable grade and
step of the applicable wage schedule in accordance with
such section; and
(B) during the period consisting of the remainder of
fiscal year 2020, in an amount that exceeds, as a
result of a wage survey adjustment, the rate payable
under subparagraph (A) by more than the sum of--
(i) the percentage adjustment taking effect
in fiscal year 2020 under section 5303 of title
5, United States Code, in the rates of pay
under the General Schedule; and
(ii) the difference between the overall
average percentage of the locality-based
comparability payments taking effect in fiscal
year 2020 under section 5304 of such title
(whether by adjustment or otherwise), and the
overall average percentage of such payments
which was effective in the previous fiscal year
under such section.
(2) Notwithstanding any other provision of law, no prevailing
rate employee described in subparagraph (B) or (C) of section
5342(a)(2) of title 5, United States Code, and no employee
covered by section 5348 of such title, may be paid during the
periods for which paragraph (1) is in effect at a rate that
exceeds the rates that would be payable under paragraph (1)
were paragraph (1) applicable to such employee.
(3) For the purposes of this subsection, the rates payable to
an employee who is covered by this subsection and who is paid
from a schedule not in existence on September 30, 2019, shall
be determined under regulations prescribed by the Office of
Personnel Management.
(4) Notwithstanding any other provision of law, rates of
premium pay for employees subject to this subsection may not be
changed from the rates in effect on September 30, 2019, except
to the extent determined by the Office of Personnel Management
to be consistent with the purpose of this subsection.
(5) This subsection shall apply with respect to pay for
service performed after September 30, 2019.
(6) For the purpose of administering any provision of law
(including any rule or regulation that provides premium pay,
retirement, life insurance, or any other employee benefit) that
requires any deduction or contribution, or that imposes any
requirement or limitation on the basis of a rate of salary or
basic pay, the rate of salary or basic pay payable after the
application of this subsection shall be treated as the rate of
salary or basic pay.
(7) Nothing in this subsection shall be considered to permit
or require the payment to any employee covered by this
subsection at a rate in excess of the rate that would be
payable were this subsection not in effect.
(8) The Office of Personnel Management may provide for
exceptions to the limitations imposed by this subsection if the
Office determines that such exceptions are necessary to ensure
the recruitment or retention of qualified employees.
(b) Notwithstanding subsection (a), the adjustment in rates
of basic pay for the statutory pay systems that take place in
fiscal year 2020 under sections 5344 and 5348 of title 5,
United States Code, shall be--
(1) not less than the percentage received by
employees in the same location whose rates of basic pay
are adjusted pursuant to the statutory pay systems
under sections 5303 and 5304 of title 5, United States
Code: Provided, That prevailing rate employees at
locations where there are no employees whose pay is
increased pursuant to sections 5303 and 5304 of title
5, United States Code, and prevailing rate employees
described in section 5343(a)(5) of title 5, United
States Code, shall be considered to be located in the
pay locality designated as ``Rest of United States''
pursuant to section 5304 of title 5, United States
Code, for purposes of this subsection; and
(2) effective as of the first day of the first
applicable pay period beginning after September 30,
2019.
Sec. 738. (a) The head of any Executive branch department,
agency, board, commission, or office funded by this or any
other appropriations Act shall submit annual reports to the
Inspector General or senior ethics official for any entity
without an Inspector General, regarding the costs and
contracting procedures related to each conference held by any
such department, agency, board, commission, or office during
fiscal year 2020 for which the cost to the United States
Government was more than $100,000.
(b) Each report submitted shall include, for each conference
described in subsection (a) held during the applicable period--
(1) a description of its purpose;
(2) the number of participants attending;
(3) a detailed statement of the costs to the United
States Government, including--
(A) the cost of any food or beverages;
(B) the cost of any audio-visual services;
(C) the cost of employee or contractor travel
to and from the conference; and
(D) a discussion of the methodology used to
determine which costs relate to the conference;
and
(4) a description of the contracting procedures used
including--
(A) whether contracts were awarded on a
competitive basis; and
(B) a discussion of any cost comparison
conducted by the departmental component or
office in evaluating potential contractors for
the conference.
(c) Within 15 days after the end of a quarter, the head of
any such department, agency, board, commission, or office shall
notify the Inspector General or senior ethics official for any
entity without an Inspector General, of the date, location, and
number of employees attending a conference held by any
Executive branch department, agency, board, commission, or
office funded by this or any other appropriations Act during
fiscal year 2020 for which the cost to the United States
Government was more than $20,000.
(d) A grant or contract funded by amounts appropriated by
this or any other appropriations Act may not be used for the
purpose of defraying the costs of a conference described in
subsection (c) that is not directly and programmatically
related to the purpose for which the grant or contract was
awarded, such as a conference held in connection with planning,
training, assessment, review, or other routine purposes related
to a project funded by the grant or contract.
(e) None of the funds made available in this or any other
appropriations Act may be used for travel and conference
activities that are not in compliance with Office of Management
and Budget Memorandum M-12-12 dated May 11, 2012 or any
subsequent revisions to that memorandum.
Sec. 739. None of the funds made available in this or any
other appropriations Act may be used to increase, eliminate, or
reduce funding for a program, project, or activity as proposed
in the President's budget request for a fiscal year until such
proposed change is subsequently enacted in an appropriation
Act, or unless such change is made pursuant to the
reprogramming or transfer provisions of this or any other
appropriations Act.
Sec. 740. None of the funds made available by this or any
other Act may be used to implement, administer, enforce, or
apply the rule entitled ``Competitive Area'' published by the
Office of Personnel Management in the Federal Register on April
15, 2008 (73 Fed. Reg. 20180 et seq.).
Sec. 741. None of the funds appropriated or otherwise made
available by this or any other Act may be used to begin or
announce a study or public-private competition regarding the
conversion to contractor performance of any function performed
by Federal employees pursuant to Office of Management and
Budget Circular A-76 or any other administrative regulation,
directive, or policy.
Sec. 742. (a) None of the funds appropriated or otherwise
made available by this or any other Act may be available for a
contract, grant, or cooperative agreement with an entity that
requires employees or contractors of such entity seeking to
report fraud, waste, or abuse to sign internal confidentiality
agreements or statements prohibiting or otherwise restricting
such employees or contractors from lawfully reporting such
waste, fraud, or abuse to a designated investigative or law
enforcement representative of a Federal department or agency
authorized to receive such information.
(b) The limitation in subsection (a) shall not contravene
requirements applicable to Standard Form 312, Form 4414, or any
other form issued by a Federal department or agency governing
the nondisclosure of classified information.
Sec. 743. (a) No funds appropriated in this or any other Act
may be used to implement or enforce the agreements in Standard
Forms 312 and 4414 of the Government or any other nondisclosure
policy, form, or agreement if such policy, form, or agreement
does not contain the following provisions: ``These provisions
are consistent with and do not supersede, conflict with, or
otherwise alter the employee obligations, rights, or
liabilities created by existing statute or Executive order
relating to (1) classified information, (2) communications to
Congress, (3) the reporting to an Inspector General of a
violation of any law, rule, or regulation, or mismanagement, a
gross waste of funds, an abuse of authority, or a substantial
and specific danger to public health or safety, or (4) any
other whistleblower protection. The definitions, requirements,
obligations, rights, sanctions, and liabilities created by
controlling Executive orders and statutory provisions are
incorporated into this agreement and are controlling.'':
Provided, That notwithstanding the preceding provision of this
section, a nondisclosure policy form or agreement that is to be
executed by a person connected with the conduct of an
intelligence or intelligence-related activity, other than an
employee or officer of the United States Government, may
contain provisions appropriate to the particular activity for
which such document is to be used. Such form or agreement
shall, at a minimum, require that the person will not disclose
any classified information received in the course of such
activity unless specifically authorized to do so by the United
States Government. Such nondisclosure forms shall also make it
clear that they do not bar disclosures to Congress, or to an
authorized official of an executive agency or the Department of
Justice, that are essential to reporting a substantial
violation of law.
(b) A nondisclosure agreement may continue to be implemented
and enforced notwithstanding subsection (a) if it complies with
the requirements for such agreement that were in effect when
the agreement was entered into.
(c) No funds appropriated in this or any other Act may be
used to implement or enforce any agreement entered into during
fiscal year 2014 which does not contain substantially similar
language to that required in subsection (a).
Sec. 744. None of the funds made available by this or any
other Act may be used to enter into a contract, memorandum of
understanding, or cooperative agreement with, make a grant to,
or provide a loan or loan guarantee to, any corporation that
has any unpaid Federal tax liability that has been assessed,
for which all judicial and administrative remedies have been
exhausted or have lapsed, and that is not being paid in a
timely manner pursuant to an agreement with the authority
responsible for collecting the tax liability, where the
awarding agency is aware of the unpaid tax liability, unless a
Federal agency has considered suspension or debarment of the
corporation and has made a determination that this further
action is not necessary to protect the interests of the
Government.
Sec. 745. None of the funds made available by this or any
other Act may be used to enter into a contract, memorandum of
understanding, or cooperative agreement with, make a grant to,
or provide a loan or loan guarantee to, any corporation that
was convicted of a felony criminal violation under any Federal
law within the preceding 24 months, where the awarding agency
is aware of the conviction, unless a Federal agency has
considered suspension or debarment of the corporation and has
made a determination that this further action is not necessary
to protect the interests of the Government.
Sec. 746. (a) During fiscal year 2020, on the date on which a
request is made for a transfer of funds in accordance with
section 1017 of Public Law 111-203, the Bureau of Consumer
Financial Protection shall notify the Committees on
Appropriations of the House of Representatives and the Senate,
the Committee on Financial Services of the House of
Representatives, and the Committee on Banking, Housing, and
Urban Affairs of the Senate of such request.
(b) Any notification required by this section shall be made
available on the Bureau's public Web site.
Sec. 747. If, for fiscal year 2020, new budget authority
provided in appropriations Acts exceeds the discretionary
spending limit for any category set forth in section 251(c) of
the Balanced Budget and Emergency Deficit Control Act of 1985
due to estimating differences with the Congressional Budget
Office, an adjustment to the discretionary spending limit in
such category for fiscal year 2020 shall be made by the
Director of the Office of Management and Budget in the amount
of the excess but the total of all such adjustments shall not
exceed 0.2 percent of the sum of the adjusted discretionary
spending limits for all categories for that fiscal year.
Sec. 748. (a) The adjustment in rates of basic pay for
employees under the statutory pay systems that takes effect in
fiscal year 2020 under section 5303 of title 5, United States
Code, shall be an increase of 2.6 percent, and the overall
average percentage of the adjustments taking effect in such
fiscal year under sections 5304 and 5304a of such title 5 shall
be an increase of 0.5 percent (with comparability payments to
be determined and allocated among pay localities by the
President). All adjustments under this subsection shall be
effective as of the first day of the first applicable pay
period beginning on or after January 1, 2020.
(b) Notwithstanding section 737, the adjustment in rates of
basic pay for the statutory pay systems that take place in
fiscal year 2020 under sections 5344 and 5348 of title 5,
United States Code, shall be no less than the percentages in
subsection (a) as employees in the same location whose rates of
basic pay are adjusted pursuant to the statutory pay systems
under section 5303, 5304, and 5304a of title 5, United States
Code. Prevailing rate employees at locations where there are no
employees whose pay is increased pursuant to sections 5303,
5304, and 5304a of such title 5 and prevailing rate employees
described in section 5343(a)(5) of such title 5 shall be
considered to be located in the pay locality designated as
``Rest of U.S.'' pursuant to section 5304 of such title 5 for
purposes of this subsection.
(c) Funds used to carry out this section shall be paid from
appropriations, which are made to each applicable department or
agency for salaries and expenses for fiscal year 2020.
Sec. 749. (a) Notwithstanding the official rate adjusted
under section 104 of title 3, United States Code, the rate
payable to the Vice President during calendar year 2020 shall
be the rate payable to the Vice President on December 31, 2019,
by operation of section 749 of division D of Public Law 116-6.
(b) Notwithstanding the official rate adjusted under section
5318 of title 5, United States Code, or any other provision of
law, the payable rate during calendar year 2020 for an employee
serving in an Executive Schedule position, or in a position for
which the rate of pay is fixed by statute at an Executive
Schedule rate, shall be the rate payable for the applicable
Executive Schedule level on December 31, 2019, by operation of
section 749 of division D of Public Law 116-6. Such an employee
may not receive a pay rate increase during calendar year 2020,
except as provided in subsection (i).
(c) Notwithstanding section 401 of the Foreign Service Act of
1980 (Public Law 96-465) or any other provision of law, a chief
of mission or ambassador at large is subject to subsection (b)
in the same manner as other employees who are paid at an
Executive Schedule rate.
(d)(1) This subsection applies to--
(A) a noncareer appointee in the Senior
Executive Service paid a rate of basic pay at
or above the official rate for level IV of the
Executive Schedule; or
(B) a limited term appointee or limited
emergency appointee in the Senior Executive
Service serving under a political appointment
and paid a rate of basic pay at or above the
official rate for level IV of the Executive
Schedule.
(2) Notwithstanding sections 5382 and 5383 of title
5, United States Code, an employee described in
paragraph (1) may not receive a pay rate increase
during calendar year 2020, except as provided in
subsection (i).
(e) Notwithstanding any other provision of law, any employee
paid a rate of basic pay (including any locality- based
payments under section 5304 of title 5, United States Code, or
similar authority) at or above the official rate for level IV
of the Executive Schedule who serves under a political
appointment may not receive a pay rate increase during calendar
year 2020, except as provided in subsection (i). This
subsection does not apply to employees in the General Schedule
pay system or the Foreign Service pay system, to employees
appointed under section 3161 of title 5, United States Code, or
to employees in another pay system whose position would be
classified at GS-15 or below if chapter 51 of title 5, United
States Code, applied to them.
(f) Nothing in subsections (b) through (e) shall prevent
employees who do not serve under a political appointment from
receiving pay increases as otherwise provided under applicable
law.
(g) This section does not apply to an individual who makes an
election to retain Senior Executive Service basic pay under
section 3392(c) of title 5, United States Code, for such time
as that election is in effect.
(h) This section does not apply to an individual who makes an
election to retain Senior Foreign Service pay entitlements
under section 302(b) of the Foreign Service Act of 1980 (Public
Law 96-465) for such time as that election is in effect.
(i) Notwithstanding subsections (b) through (e), an employee
in a covered position may receive a pay rate increase upon an
authorized movement to a different covered position only if
that new position has higher-level duties and a pre-established
level or range of pay higher than the level or range for the
position held immediately before the movement. Any such
increase must be based on the rates of pay and applicable
limitations on payable rates of pay in effect on December 31,
2019, by operation of section 749 of division D of Public Law
116-6.
(j) Notwithstanding any other provision of law, for an
individual who is newly appointed to a covered position during
the period of time subject to this section, the initial pay
rate shall be based on the rates of pay and applicable
limitations on payable rates of pay in effect on December 31,
2019, by operation of section 749 of division D of Public Law
116-6.
(k) If an employee affected by this section is subject to a
biweekly pay period that begins in calendar year 2020 but ends
in calendar year 2021, the bar on the employee's receipt of pay
rate increases shall apply through the end of that pay period.
(l) For the purpose of this section, the term ``covered
position'' means a position occupied by an employee whose pay
is restricted under this section.
(m) This section takes effect on the first day of the first
applicable pay period beginning on or after January 1, 2020.
Sec. 750. Except as expressly provided otherwise, any
reference to ``this Act'' contained in any title other than
title IV or VIII shall not apply to such title IV or VIII.
TITLE VIII
GENERAL PROVISIONS--DISTRICT OF COLUMBIA
(including transfers of funds)
Sec. 801. There are appropriated from the applicable funds
of the District of Columbia such sums as may be necessary for
making refunds and for the payment of legal settlements or
judgments that have been entered against the District of
Columbia government.
Sec. 802. None of the Federal funds provided in this Act
shall be used for publicity or propaganda purposes or
implementation of any policy including boycott designed to
support or defeat legislation pending before Congress or any
State legislature.
Sec. 803. (a) None of the Federal funds provided under this
Act to the agencies funded by this Act, both Federal and
District government agencies, that remain available for
obligation or expenditure in fiscal year 2020, or provided from
any accounts in the Treasury of the United States derived by
the collection of fees available to the agencies funded by this
Act, shall be available for obligation or expenditures for an
agency through a reprogramming of funds which--
(1) creates new programs;
(2) eliminates a program, project, or responsibility
center;
(3) establishes or changes allocations specifically
denied, limited or increased under this Act;
(4) increases funds or personnel by any means for any
program, project, or responsibility center for which
funds have been denied or restricted;
(5) re-establishes any program or project previously
deferred through reprogramming;
(6) augments any existing program, project, or
responsibility center through a reprogramming of funds
in excess of $3,000,000 or 10 percent, whichever is
less; or
(7) increases by 20 percent or more personnel
assigned to a specific program, project or
responsibility center,
unless prior approval is received from the Committees on
Appropriations of the House of Representatives and the Senate.
(b) The District of Columbia government is authorized to
approve and execute reprogramming and transfer requests of
local funds under this title through November 7, 2020.
Sec. 804. None of the Federal funds provided in this Act may
be used by the District of Columbia to provide for salaries,
expenses, or other costs associated with the offices of United
States Senator or United States Representative under section
4(d) of the District of Columbia Statehood Constitutional
Convention Initiatives of 1979 (D.C. Law 3-171; D.C. Official
Code, sec. 1-123).
Sec. 805. Except as otherwise provided in this section, none
of the funds made available by this Act or by any other Act may
be used to provide any officer or employee of the District of
Columbia with an official vehicle unless the officer or
employee uses the vehicle only in the performance of the
officer's or employee's official duties. For purposes of this
section, the term ``official duties'' does not include travel
between the officer's or employee's residence and workplace,
except in the case of--
(1) an officer or employee of the Metropolitan Police
Department who resides in the District of Columbia or
is otherwise designated by the Chief of the Department;
(2) at the discretion of the Fire Chief, an officer
or employee of the District of Columbia Fire and
Emergency Medical Services Department who resides in
the District of Columbia and is on call 24 hours a day;
(3) at the discretion of the Director of the
Department of Corrections, an officer or employee of
the District of Columbia Department of Corrections who
resides in the District of Columbia and is on call 24
hours a day;
(4) at the discretion of the Chief Medical Examiner,
an officer or employee of the Office of the Chief
Medical Examiner who resides in the District of
Columbia and is on call 24 hours a day;
(5) at the discretion of the Director of the Homeland
Security and Emergency Management Agency, an officer or
employee of the Homeland Security and Emergency
Management Agency who resides in the District of
Columbia and is on call 24 hours a day;
(6) the Mayor of the District of Columbia; and
(7) the Chairman of the Council of the District of
Columbia.
Sec. 806. (a) None of the Federal funds contained in this Act
may be used by the District of Columbia Attorney General or any
other officer or entity of the District government to provide
assistance for any petition drive or civil action which seeks
to require Congress to provide for voting representation in
Congress for the District of Columbia.
(b) Nothing in this section bars the District of Columbia
Attorney General from reviewing or commenting on briefs in
private lawsuits, or from consulting with officials of the
District government regarding such lawsuits.
Sec. 807. None of the Federal funds contained in this Act
may be used to distribute any needle or syringe for the purpose
of preventing the spread of blood borne pathogens in any
location that has been determined by the local public health or
local law enforcement authorities to be inappropriate for such
distribution.
Sec. 808. Nothing in this Act may be construed to prevent
the Council or Mayor of the District of Columbia from
addressing the issue of the provision of contraceptive coverage
by health insurance plans, but it is the intent of Congress
that any legislation enacted on such issue should include a
``conscience clause'' which provides exceptions for religious
beliefs and moral convictions.
Sec. 809. (a) None of the Federal funds contained in this Act
may be used to enact or carry out any law, rule, or regulation
to legalize or otherwise reduce penalties associated with the
possession, use, or distribution of any schedule I substance
under the Controlled Substances Act (21 U.S.C. 801 et seq.) or
any tetrahydrocannabinols derivative.
(b) No funds available for obligation or expenditure by the
District of Columbia government under any authority may be used
to enact any law, rule, or regulation to legalize or otherwise
reduce penalties associated with the possession, use, or
distribution of any schedule I substance under the Controlled
Substances Act (21 U.S.C. 801 et seq.) or any
tetrahydrocannabinols derivative for recreational purposes.
Sec. 810. No funds available for obligation or expenditure
by the District of Columbia government under any authority
shall be expended for any abortion except where the life of the
mother would be endangered if the fetus were carried to term or
where the pregnancy is the result of an act of rape or incest.
Sec. 811. (a) No later than 30 calendar days after the date
of the enactment of this Act, the Chief Financial Officer for
the District of Columbia shall submit to the appropriate
committees of Congress, the Mayor, and the Council of the
District of Columbia, a revised appropriated funds operating
budget in the format of the budget that the District of
Columbia government submitted pursuant to section 442 of the
District of Columbia Home Rule Act (D.C. Official Code, sec. 1-
204.42), for all agencies of the District of Columbia
government for fiscal year 2020 that is in the total amount of
the approved appropriation and that realigns all budgeted data
for personal services and other-than-personal services,
respectively, with anticipated actual expenditures.
(b) This section shall apply only to an agency for which the
Chief Financial Officer for the District of Columbia certifies
that a reallocation is required to address unanticipated
changes in program requirements.
Sec. 812. No later than 30 calendar days after the date of
the enactment of this Act, the Chief Financial Officer for the
District of Columbia shall submit to the appropriate committees
of Congress, the Mayor, and the Council for the District of
Columbia, a revised appropriated funds operating budget for the
District of Columbia Public Schools that aligns schools budgets
to actual enrollment. The revised appropriated funds budget
shall be in the format of the budget that the District of
Columbia government submitted pursuant to section 442 of the
District of Columbia Home Rule Act (D.C. Official Code, sec. 1-
204.42).
Sec. 813. (a) Amounts appropriated in this Act as operating
funds may be transferred to the District of Columbia's
enterprise and capital funds and such amounts, once
transferred, shall retain appropriation authority consistent
with the provisions of this Act.
(b) The District of Columbia government is authorized to
reprogram or transfer for operating expenses any local funds
transferred or reprogrammed in this or the four prior fiscal
years from operating funds to capital funds, and such amounts,
once transferred or reprogrammed, shall retain appropriation
authority consistent with the provisions of this Act.
(c) The District of Columbia government may not transfer or
reprogram for operating expenses any funds derived from bonds,
notes, or other obligations issued for capital projects.
Sec. 814. None of the Federal funds appropriated in this Act
shall remain available for obligation beyond the current fiscal
year, nor may any be transferred to other appropriations,
unless expressly so provided herein.
Sec. 815. Except as otherwise specifically provided by law
or under this Act, not to exceed 50 percent of unobligated
balances remaining available at the end of fiscal year 2020
from appropriations of Federal funds made available for
salaries and expenses for fiscal year 2020 in this Act, shall
remain available through September 30, 2021, for each such
account for the purposes authorized: Provided, That a request
shall be submitted to the Committees on Appropriations of the
House of Representatives and the Senate for approval prior to
the expenditure of such funds: Provided further, That these
requests shall be made in compliance with reprogramming
guidelines outlined in section 803 of this Act.
Sec. 816. (a)(1) During fiscal year 2021, during a period in
which neither a District of Columbia continuing resolution or a
regular District of Columbia appropriation bill is in effect,
local funds are appropriated in the amount provided for any
project or activity for which local funds are provided in the
Act referred to in paragraph (2) (subject to any modifications
enacted by the District of Columbia as of the beginning of the
period during which this subsection is in effect) at the rate
set forth by such Act.
(2) The Act referred to in this paragraph is the Act of the
Council of the District of Columbia pursuant to which a
proposed budget is approved for fiscal year 2021 which (subject
to the requirements of the District of Columbia Home Rule Act)
will constitute the local portion of the annual budget for the
District of Columbia government for fiscal year 2021 for
purposes of section 446 of the District of Columbia Home Rule
Act (sec. 1-204.46, D.C. Official Code).
(b) Appropriations made by subsection (a) shall cease to be
available--
(1) during any period in which a District of Columbia
continuing resolution for fiscal year 2021 is in
effect; or
(2) upon the enactment into law of the regular
District of Columbia appropriation bill for fiscal year
2021.
(c) An appropriation made by subsection (a) is provided under
the authority and conditions as provided under this Act and
shall be available to the extent and in the manner that would
be provided by this Act.
(d) An appropriation made by subsection (a) shall cover all
obligations or expenditures incurred for such project or
activity during the portion of fiscal year 2021 for which this
section applies to such project or activity.
(e) This section shall not apply to a project or activity
during any period of fiscal year 2021 if any other provision of
law (other than an authorization of appropriations)--
(1) makes an appropriation, makes funds available, or
grants authority for such project or activity to
continue for such period; or
(2) specifically provides that no appropriation shall
be made, no funds shall be made available, or no
authority shall be granted for such project or activity
to continue for such period.
(f) Nothing in this section shall be construed to affect
obligations of the government of the District of Columbia
mandated by other law.
Sec. 817. Except as expressly provided otherwise, any
reference to ``this Act'' contained in this title or in title
IV shall be treated as referring only to the provisions of this
title or of title IV.
This division may be cited as the ``Financial Services and
General Government Appropriations Act, 2020''.
[Clerk's note.--Reproduced below is the material relating
to division C contained in the Explanatory Statement regarding
H.R. 1158, the Consolidated Appropriations Act, 2020.\1\]
---------------------------------------------------------------------------
\1\ This Explanatory Statement was submitted for printing in the
Congressional Record on
December 17, 2019 by Mrs. Lowey of New York, Chairwoman of the House
Committee on Appropriations. The Statement appears on page H10990 of
Book II.
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DIVISION C--FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS
ACT, 2020
The joint explanatory statement accompanying this division
is approved and indicates congressional intent. Unless
otherwise noted, the language set forth in House Report 116-122
and Senate Report 116-111 carries the same weight as language
included in this joint explanatory statement and should be
complied with unless specifically addressed to the contrary in
this joint explanatory statement. While some language is
repeated for emphasis, it is not intended to negate the
language referred to above unless expressly provided herein.
Reports.--Where the House or Senate has directed submission
of a report, that report is to be submitted to the Committees
on Appropriations of the House and Senate. Agencies funded by
this Act that currently provide separate copies of periodic
reports and correspondence to the chairs and ranking members of
the House and Senate Appropriations Committees and
Subcommittees on Financial Services and General Government are
directed to use a single cover letter jointly addressed to the
chairs and ranking members of the Committees and Subcommittees
of both the House and the Senate. To the greatest extent
feasible, agencies should include in the cover letter a
reference or hyperlink to facilitate electronic access to the
report and provide the documents by electronic mail delivery.
These measures will help reduce costs, conserve paper, expedite
agency processing, and ensure that consistent information is
conveyed concurrently to the majority and minority committee
offices of both chambers of Congress.
Pursuant to section 608, agencies funded by this bill are
required to consult the Committees on Appropriations of the
House and the Senate prior to any significant reorganization,
restructuring, relocation, or closing of offices, programs, or
activities. These decisions have the potential to impact
funding needs in future years and may conflict with the
rationale behind the appropriated levels in the current year;
therefore, these actions, particularly those that entail out-
year impacts, merit advanced engagement with the Committees.
Should any questions arise relating to the applicability of
these provisions to a potential action or decision, agencies
are expected to confer with the Committees on Appropriations of
the House and Senate prior to completing the decision-making
process. The agreement also clarifies that reorganizations or
consolidations of programs or offices that entail relocating a
material number of employees to a different locality pay area
are significant for the purposes of section 608.
The agreement notes concerns regarding excessive spending
on Federal furniture in previous fiscal years by executive
agency heads without proper notification to the Committees on
Appropriations of the House and the Senate. Federal agencies
are expected to comply with the provisions in section 710 of
this bill.
TITLE I
DEPARTMENT OF THE TREASURY
Departmental Offices
SALARIES AND EXPENSES
The bill provides $228,373,000 for departmental offices
salaries and expenses. The total includes full funding for
implementation of Committee on Foreign Investment in the United
States activities.
Cybersecurity.--In lieu of House report language on
cybersecurity, the agreement includes a $4,000,000 increase
over the fiscal year 2019 level for the Office of Critical
Infrastructure Protection (OCIP) to work with the financial
services sector and its customers to protect against
cyberattacks. As part of the Department's fiscal year 2020
financial plan, OCIP shall detail how these additional funds
will be used by activity and how these efforts will produce
measurable results.
COMMITTEE ON FOREIGN INVESTMENT IN THE UNITED STATES FUND
(INCLUDING TRANSFER OF FUNDS)
The bill provides $20,000,000 for the Committee on Foreign
Investment in the United States Fund.
OFFICE OF TERRORISM AND FINANCIAL INTELLIGENCE
SALARIES AND EXPENSES
The bill provides $169,712,000 for the Office of Terrorism
and Financial Intelligence.
CYBERSECURITY ENHANCEMENT ACCOUNT
The bill provides $18,000,000 for the Cybersecurity
Enhancement Account.
DEPARTMENT-WIDE SYSTEMS AND CAPITAL INVESTMENTS PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
The bill provides $6,118,000 for the Department-Wide
Systems and Capital Investments Programs.
OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES
The bill provides $41,044,000 for salaries and expenses of
the Office of Inspector General.
TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION
SALARIES AND EXPENSES
The bill provides $170,250,000 for salaries and expenses of
the Treasury Inspector General for Tax Administration.
SPECIAL INSPECTOR GENERAL FOR THE TROUBLED ASSET RELIEF PROGRAM
SALARIES AND EXPENSES
The bill provides $22,000,000 for salaries and expenses of
the Office of the Special Inspector General for the Troubled
Asset Relief Program.
Financial Crimes Enforcement Network
SALARIES AND EXPENSES
The bill provides $126,000,000 for salaries and expenses
for the Financial Crimes Enforcement Network (FinCEN).
Trade-Based Money Laundering.--Within the funds provided,
FinCEN shall contract with an external vendor that will
thoroughly assess the risk that trade-based money laundering
and other forms of illicit finance pose to national security.
Bureau of the Fiscal Service
SALARIES AND EXPENSES
The bill provides $340,280,000 for salaries and expenses of
the Bureau of the Fiscal Service.
Alcohol and Tobacco Tax and Trade Bureau
SALARIES AND EXPENSES
The bill provides $119,600,000 for salaries and expenses of
the Alcohol and Tobacco Tax and Trade Bureau.
United States Mint
UNITED STATES MINT PUBLIC ENTERPRISE FUND
The bill specifies that not more than $30,000,000 in new
liabilities and obligations may be incurred during fiscal year
2020 for circulating coinage and protective service capital
investments of the U.S. Mint.
Community Development Financial Institutions Fund Program Account
The bill provides $262,000,000 for the Community
Development Financial Institutions (CDFI) Fund program. Within
this amount, not less than $165,500,000 is for financial and
technical assistance grants, of which up to $4,000,000 may be
used to provide technical and financial assistance to CDFIs
that fund projects to help individuals with disabilities; of
which not less than $2,000,000 is for the Economic Mobility
Corps; not less than $16,000,000 is for technical assistance
and other purposes for Native American, Native Hawaiian, and
Alaska Native communities; not less than $25,000,000 is for the
Bank Enterprise Award program; not less than $22,000,000 is for
the Healthy Food Financing Initiative; not less than $5,000,000
for a small dollar loan initiative; and up to $28,500,000 is
for administrative expenses, of which $1,000,000 is for the
development of information technology tools to better measure
and assess CDFI investment performance, improve data quality,
and enable more efficient allocation of CDFI Fund resources.
The bill limits the total loan principal for the Bond Guarantee
program to $500,000,000.
The agreement adopts the Senate report language on the
Economic Mobility Corps and includes $2,000,000 for the
initiative. The CDFI Fund is directed to brief the Committees
on Appropriations of the House and Senate within 60 days of
enactment of this Act on its plans to implement this
initiative.
Internal Revenue Service
The agreement notes that the Internal Revenue Service (IRS)
shall be in compliance with section 6103 of the Internal
Revenue Code with all reporting requirements.
TAXPAYER SERVICES
The bill provides $2,511,554,000 for Taxpayer Services.
Within the overall amount, not less than $11,000,000 is for the
Tax Counseling for the Elderly Program, not less than
$12,000,000 is for low-income taxpayer clinic grants, and not
less than $209,000,000 is provided for operating expenses of
the IRS Taxpayer Advocate Service, of which not less than
$5,500,000 is for identity theft casework.
In addition, within the overall amount provided, not less
than $25,000,000 is available until September 30, 2021, for the
Community Volunteer Income Tax Assistance Matching Grants
Program.
ENFORCEMENT
The bill provides $5,010,000,000 for Enforcement, of which
up to $15,000,000 is for investigative technology for the
Criminal Investigation Division, to support their critical law
enforcement mission.
OPERATIONS SUPPORT
The bill provides $3,808,500,000 for Operations Support, of
which $10,000,000 is for a Federal contractor tax check system.
BUSINESS SYSTEMS MODERNIZATION
The bill provides $180,000,000 for Business Systems
Modernization (BSM). The total includes funding for Customer
Account Data Engine 2, Enterprise Case Management System, and
cybersecurity and data protection. In lieu of the House and
Senate reporting requirements on BSM, IRS is directed to submit
quarterly reports to the Committees on Appropriations of the
House and Senate and the Government Accountability Office (GAO)
during fiscal year 2020, no later than 30 days following the
end of each calendar quarter, on the status of BSM-funded items
in this bill. In addition, GAO is directed to conduct an annual
review of BSM-funded initiatives.
The agreement does not include funding to develop a system
to provide taxpayers with a proposed final return or statement
for use to satisfy a filing or reporting requirement under the
Internal Revenue Code.
ADMINISTRATIVE PROVISIONS--INTERNAL REVENUE SERVICE
(INCLUDING TRANSFER OF FUNDS)
The bill includes the following provisions:
Section 101 provides transfer authority.
Section 102 requires the IRS to maintain an employee
training program on topics such as taxpayers' rights.
Section 103 requires the IRS to safeguard taxpayer
information and to protect taxpayers against identity theft.
Section 104 permits funding for 1-800 help line services
for taxpayers and directs the Commissioner to make improving
phone service a priority and to enhance response times.
Section 105 requires the IRS to issue notices to employers
of any address change request and to give special consideration
to offers in compromise for taxpayers who have been victims of
payroll tax preparer fraud.
Section 106 prohibits the use of funds by the IRS to target
United States citizens for exercising any right guaranteed
under the First Amendment to the Constitution.
Section 107 prohibits the use of funds by the IRS to target
groups for regulatory scrutiny based on their ideological
beliefs.
Section 108 requires the IRS to comply with procedures and
policies on conference spending in accordance with IRS policies
issued as a result of Treasury Inspector General for Tax
Administration recommendations.
Section 109 prohibits funds for giving bonuses to employees
or hiring former employees without considering conduct and
compliance with Federal tax law.
Section 110 prohibits the IRS from using funds made
available by this Act to contravene a provision of the Internal
Revenue Code of 1986 related to the confidentiality and
disclosure of returns and return information.
Administrative Provisions--Department of the Treasury
(INCLUDING TRANSFERS OF FUNDS)
Section 111 allows Treasury to use funds for certain
specified expenses.
Section 112 allows for the transfer of up to 2 percent of
funds among various Treasury bureaus and offices.
Section 113 allows for the transfer of up to 2 percent from
the IRS accounts to the Treasury Inspector General for Tax
Administration.
Section 114 prohibits funding to redesign the $1 note.
Section 115 allows for the transfer of funds from the
Bureau of the Fiscal Service-Salaries and Expenses to the Debt
Collection Fund conditional on future reimbursement.
Section 116 prohibits funds to build a United States Mint
museum without the approval of the Committees on Appropriations
of the House and Senate and the authorizing committees of
jurisdiction.
Section 117 prohibits funding for consolidating the
functions of the United States Mint and the Bureau of Engraving
and Printing without the approval of the Committees on
Appropriations of the House and Senate and the authorizing
committees of jurisdiction.
Section 118 specifies that funds for Treasury intelligence
activities are deemed to be specifically authorized until
enactment of the fiscal year 2020 Intelligence Authorization
Act.
Section 119 permits the Bureau of Engraving and Printing to
use up to $5,000 from the Industrial Revolving Fund for
reception and representation expenses.
Section 120 requires the Secretary to submit a Capital
Investment Plan.
Section 121 requires a Franchise Fund report.
Section 122 prohibits the Department from finalizing any
regulation related to the standards used to determine the tax-
exempt status of a 501(c)(4) organization.
Section 123 requires the Office of Financial Research and
Office of Financial Stability to submit quarterly reports.
Section 124 provides funding for the digitization of
unclaimed U.S. savings bonds.
TITLE II
EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE
PRESIDENT
The White House
SALARIES AND EXPENSES
The bill provides $55,000,000 for the salaries and expenses
of the White House.
Executive Residence at the White House
OPERATING EXPENSES
The bill provides $13,081,000 for the Executive Residence
at the White House.
White House Repair and Restoration
The bill provides $750,000 for repair, alteration and
improvement of the Executive Residence at the White House.
Council of Economic Advisers
SALARIES AND EXPENSES
The bill provides $4,000,000 for salaries and expenses of
the Council of Economic Advisers.
National Security Council and Homeland Security Council
SALARIES AND EXPENSES
The bill provides $11,500,000 for salaries and expenses of
the National Security Council and Homeland Security Council, of
which not to exceed $5,000 is available for official reception
and representation expenses.
Office of Administration
SALARIES AND EXPENSES
The bill provides $94,000,000 for salaries and expenses of
the Office of Administration, of which not more than
$12,800,000 is for information technology modernization.
Office of Management and Budget
SALARIES AND EXPENSES
The bill provides $101,600,000 for the salaries and
expenses of the Office of Management and Budget (OMB).
Official Poverty Measure.--The agreement notes that OMB is
considering promulgating new standards for calculation of the
Official Poverty Measure. OMB is urged to carefully consider
the impacts of any changes to the Official Poverty Measure
calculation method on those in need of Federal poverty
assistance before implementing a new standard.
Apportionment Transparency.--The agreement seeks greater
transparency into OMB's apportionment process. To that end, OMB
is directed to work with the House and Senate Committees on
Appropriations to develop a process to share information
regarding apportionments, including any associated footnotes,
electronically in a practicable and timely manner.
Intellectual Property Enforcement Coordinator
The bill provides $1,300,000 for the Intellectual Property
Enforcement Coordinator.
Office of National Drug Control Policy
SALARIES AND EXPENSES
The bill provides $18,400,000 for salaries and expenses of
the Office of National Drug Control Policy (ONDCP). This
funding level is provided to enable ONDCP to hire support
positions that are critically needed to effectively carry out
the agency's day-to-day operations and to balance out the
workforce in ONDCP's currently top-heavy organization.
Positions funded at ONDCP should be consistent with
organizational charts previously provided to Congress in the
most recent reorganization notifications.
FEDERAL DRUG CONTROL PROGRAMS
HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM
(INCLUDING TRANSFERS OF FUNDS)
The bill provides $285,000,000 for the High Intensity Drug
Trafficking Areas Program.
OTHER FEDERAL DRUG CONTROL PROGRAMS
(INCLUDING TRANSFERS OF FUNDS)
The bill provides $121,715,000 for other federal drug
control programs. The agreement allocates funds among specific
programs as follows:
------------------------------------------------------------------------
------------------------------------------------------------------------
Drug-Free Communities Program........................... $101,250,000
(Training).......................................... (2,500,000)
Drug court training and technical assistance............ 2,500,000
Anti-Doping activities.................................. 10,000,000
World Anti-Doping Agency (U.S. membership dues)......... 2,715,000
Model Acts Program...................................... 1,250,000
Community-based coalition enhancement grants (CARA 4,000,000
Grants)................................................
------------------------------------------------------------------------
Unanticipated Needs
The bill provides $1,000,000 for unanticipated needs of the
President. Within 180 days of enactment of this Act, the Office
of Administration is directed to report to the House and Senate
Committees on Appropriations on the use of funds appropriated
under this heading.
Information Technology Oversight and Reform
(INCLUDING TRANSFER OF FUNDS)
The bill provides $15,000,000 for information technology
oversight and reform activities.
Special Assistance to the President
SALARIES AND EXPENSES
The bill provides $4,288,000 for salaries and expenses to
enable the Vice President to provide special assistance to the
President.
Official Residence of the Vice President
OPERATING EXPENSES
(INCLUDING TRANSFER OF FUNDS)
The bill provides $302,000 for operating expenses for the
official residence of the Vice President.
ADMINISTRATIVE PROVISIONS--EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS
APPROPRIATED TO THE PRESIDENT
(INCLUDING TRANSFER OF FUNDS)
The bill includes the following administrative provisions:
Section 201 provides transfer authority among various
Executive Office of the President accounts.
Section 202 requires the Director of the OMB to include a
statement of budgetary impact with any Executive order issued
or revoked during fiscal year 2020 and for Presidential
memoranda estimated to have a regulatory cost in excess of
$100,000,000.
Section 203 requires the Director of the OMB to issue a
memorandum to all Federal departments, agencies, and
corporations directing compliance with title VII of this Act.
TITLE III
THE JUDICIARY
Supreme Court of the United States
SALARIES AND EXPENSES
The bill provides $87,699,000 for salaries and expenses of
the Supreme Court. In addition, the bill provides mandatory
costs as authorized by current law for the salaries of the
chief justice and associate justices of the court.
CARE OF THE BUILDING AND GROUNDS
The bill provides $15,590,000 for the care of the Supreme
Court building and grounds.
United States Court of Appeals for the Federal Circuit
SALARIES AND EXPENSES
The bill provides $32,700,000 for salaries and expenses of
the United States Court of Appeals for the Federal Circuit. In
addition, the bill provides mandatory costs as authorized by
current law for the salaries of the chief judge and judges of
the court.
United States Court of International Trade
SALARIES AND EXPENSES
The bill provides $19,564,000 for salaries and expenses of
the United States Court of International Trade. In addition,
the bill provides mandatory costs as authorized by current law
for the salaries of the chief judge and judges of the court.
Courts Of Appeals, District Courts, And Other Judicial Services
SALARIES AND EXPENSES
The bill provides $5,250,234,000 for salaries and expenses
of the Courts of Appeals, District Courts, and Other Judicial
Services. In addition, the bill provides mandatory costs as
authorized by current law for the salaries of circuit and
district judges (including judges of the territorial courts of
the United States), bankruptcy judges, and justices and judges
retired from office or from regular active service. The bill
also provides $9,070,000 from the Vaccine Injury Compensation
Trust Fund.
DEFENDER SERVICES
The bill provides $1,234,574,000 for Defender Services.
FEES OF JURORS AND COMMISSIONERS
The bill provides $53,545,000 for Fees of Jurors and
Commissioners.
COURT SECURITY
(INCLUDING TRANSFER OF FUNDS)
The bill provides $639,165,000 for Court Security.
Administrative Office of the United States Courts
SALARIES AND EXPENSES
The bill provides $94,261,000 for salaries and expenses of
the Administrative Office of the United States Courts.
Federal Judicial Center
SALARIES AND EXPENSES
The bill provides $30,436,000 for salaries and expenses of
the Federal Judicial Center.
United States Sentencing Commission
SALARIES AND EXPENSES
The bill provides $19,670,000 for salaries and expenses of
the United States Sentencing Commission.
ADMINISTRATIVE PROVISIONS--THE JUDICIARY
(INCLUDING TRANSFER OF FUNDS)
The bill includes the following administrative provisions:
Section 301 makes funds appropriated for salaries and
expenses available for services authorized by 5 U.S.C. 3109.
Section 302 provides transfer authority among Judiciary
appropriations.
Section 303 permits not more than $11,000 to be used for
official reception and representation expenses of the Judicial
Conference.
Section 304 extends through fiscal year 2020 the delegation
of authority to the Judiciary for contracts for repairs of less
than $100,000.
Section 305 continues a pilot program where the United
States Marshals Service provides perimeter security services at
selected courthouses.
Section 306 extends temporary judgeships in the eastern
district of Missouri, Kansas, Arizona, the central district of
California, the northern district of Alabama, the southern
district of Florida, New Mexico, the western district of North
Carolina, the eastern district of Texas, and Hawaii.
TITLE IV
DISTRICT OF COLUMBIA
Federal Funds
FEDERAL PAYMENT FOR RESIDENT TUITION SUPPORT
The bill provides $40,000,000 for District of Columbia
resident tuition support.
FEDERAL PAYMENT FOR EMERGENCY PLANNING AND SECURITY COSTS IN THE
DISTRICT OF COLUMBIA
The bill provides $18,000,000 for emergency planning and
security costs in the District of Columbia to remain available
until expended.
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA COURTS
The bill provides $250,088,000 for the District of Columbia
courts, of which $14,682,000 is for the D.C. Court of Appeals,
$125,638,000 is for the Superior Court, $75,518,000 is for the
D.C. Court System, and $34,250,000 is for capital improvements
to courthouse facilities.
FEDERAL PAYMENT FOR DEFENDER SERVICES IN DISTRICT OF COLUMBIA COURTS
The bill provides $46,005,000 for defender services in the
District of Columbia.
FEDERAL PAYMENT TO THE COURT SERVICES AND OFFENDER SUPERVISION AGENCY
FOR THE DISTRICT OF COLUMBIA
The bill provides $248,524,000 for court services and
offender supervision in the District of Columbia.
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA PUBLIC DEFENDER SERVICE
The bill provides $44,011,000 for public defender services
in the District of Columbia.
FEDERAL PAYMENT TO THE CRIMINAL JUSTICE COORDINATING COUNCIL
The bill provides $2,150,000 for the Criminal Justice
Coordinating Council.
FEDERAL PAYMENT FOR JUDICIAL COMMISSIONS
The bill provides $600,000 for Judicial Commissions. Within
the amount provided, $325,000 is for the Commission on Judicial
Disabilities and Tenure and $275,000 is for the Judicial
Nomination Commission.
FEDERAL PAYMENT FOR SCHOOL IMPROVEMENT
The bill provides $52,500,000 for school improvement in the
District of Columbia to be distributed in accordance with the
provisions of the Scholarships for Opportunity and Results Act
(SOAR Act). The funds are to be allocated evenly between
District of Columbia public schools, charter schools, and
opportunity scholarships as authorized by law. Of the funds
allocated for the SOAR Act, $1,200,000 is for administrative
expenses and $500,000 is for evaluation costs.
FEDERAL PAYMENT FOR THE DISTRICT OF COLUMBIA NATIONAL GUARD
The bill provides $413,000 for the Major General David F.
Wherley, Jr. District of Columbia National Guard Retention and
College Access Program.
FEDERAL PAYMENT FOR TESTING AND TREATMENT OF HIV/AIDS
The bill provides $4,000,000 for the purpose of HIV/AIDS
testing and treatment.
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA WATER AND SEWER AUTHORITY
The bill provides $8,000,000 for the District of Columbia
Water and Sewer Authority.
District of Columbia Funds
The bill provides authority for the District of Columbia to
spend its local funds in accordance with the Fiscal Year 2020
Budget Request Act of 2019.
TITLE V
INDEPENDENT AGENCIES
Administrative Conference of the United States
SALARIES AND EXPENSES
The bill provides $3,250,000, to remain available until
September 30, 2021, for the Administrative Conference of the
United States.
Consumer Product Safety Commission
SALARIES AND EXPENSES
The bill provides $132,500,000 for the Consumer Product
Safety Commission (CPSC). Within the amount provided,
$1,300,000 is available until expended for the pool and spa
safety grants program established by the Virginia Graeme Baker
Pool and Spa Safety Act.
In lieu of the House directives captioned Recreational Off-
Highway Vehicles (ROV) Safety and Safety Report, the Commission
is directed to submit a report, within 180 days of the
enactment of this Act, providing a detailed assessment of
safety matters related to strollers, residential elevators,
inclined sleepers, and ROVs, including up-to-date injury and
death statistics, actions by the Office of Compliance and Field
Operations (including number of corrective actions and civil
penalties), and an assessment of all safety hazards. The
Commission is further directed to cooperate with oversight
requests from all appropriate Congressional committees.
Child Nicotine Poisoning Prevention Act.--The CPSC is
directed to provide a full briefing, within 60 days of the
enactment of this Act, on the Commission's enforcement of the
Child Nicotine Poisoning Prevention Act of 2015.
ADMINISTRATIVE PROVISION--CONSUMER PRODUCT SAFETY COMMISSION
Section 501 prohibits the use of Federal funds in fiscal
year 2020 for the adoption or implementation of the proposed
rule on ROVs until a study by the National Academy of Sciences
is completed.
Election Assistance Commission
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
The bill provides $15,171,000 for salaries and expenses of
the Election Assistance Commission.
ELECTION SECURITY GRANTS
The bill provides $425,000,000 to the Election Assistance
Commission to make payments to states for activities to improve
the administration of elections for Federal office, including
to enhance election technology and make election security
improvements, as authorized under sections 101, 103, and 104 of
the Help America Vote Act (HAVA) of 2002 (P.L. 107-252).
Consistent with the requirements of HAVA, states may use this
funding to: replace voting equipment that only records a
voter's intent electronically with equipment that utilizes a
voter-verified paper record; implement a post-election audit
system that provides a high-level of confidence in the accuracy
of the final vote tally; upgrade election-related computer
systems to address cyber vulnerabilities identified through DHS
or similar scans or assessments of existing election systems;
facilitate cybersecurity training for the state chief election
official's office and local election officials; implement
established cybersecurity best practices for election systems;
and fund other activities that will improve the security of
elections for Federal office.
Federal Communications Commission
SALARIES AND EXPENSES
The bill provides $339,000,000 for salaries and expenses of
the Federal Communications Commission (FCC). The bill provides
that $339,000,000 be derived from offsetting collections,
resulting in no net appropriation.
Tribal Broadband.--In lieu of House and Senate report
language on broadband connectivity on Tribal lands, it is noted
that concerns remain about the lack of access to broadband
services in these areas. The FCC is encouraged to use all
available resources to increase funding for consultation with
Federally recognized Indian tribes, Alaska Native villages, and
entities related to Hawaiian home lands; other work by the
Office of Native Affairs and Policy (ONAP); and associated work
from other bureaus and offices in support of ONAP.
ADMINISTRATIVE PROVISIONS--FEDERAL COMMUNICATIONS COMMISSION
Section 510 extends an exemption from the Antideficiency
Act for the Universal Service Fund (USF).
Section 511 prohibits the FCC from changing rules governing
the USF regarding single connection or primary line
restrictions.
Federal Deposit Insurance Corporation
OFFICE OF THE INSPECTOR GENERAL
The bill provides a transfer of $42,982,000 to fund the
Office of Inspector General (OIG) for the Federal Deposit
Insurance Corporation. The OIG's appropriations are derived
from the Deposit Insurance Fund and the Federal Savings and
Loan Insurance Corporation Resolution Fund.
Federal Election Commission
SALARIES AND EXPENSES
The bill provides $71,497,000 for salaries and expenses of
the Federal Election Commission.
Online Campaign Advertisements.--In lieu of the House
report language, the Commission is directed to brief the House
and Senate Committees on Appropriations on its rulemaking
proposals related to disclaimers on public communications on
the internet within 90 days of enactment of this Act.
Federal Labor Relations Authority
SALARIES AND EXPENSES
The bill provides $24,890,000 for the Federal Labor
Relations Authority (FLRA).
Collective Bargaining.--FLRA is directed to submit a report
within 90 days of enactment of this Act to the Committees on
Appropriations of the House and Senate detailing the impact by
agency of Executive Orders 13836, ``Developing Efficient,
Effective, and Cost-Reducing Approaches to Federal Sector
Collective Bargaining'', 13837, ``Ensuring Transparency,
Accountability, and Efficiency in Taxpayer-Funded Union Time
Use'', and 13839, ``Promoting Accountability and Streamlining
Removal Procedures Consistent With Merit System Principles''.
Federal Permitting Improvement Steering Council
ENVIRONMENTAL REVIEW IMPROVEMENT FUND (INCLUDING TRANSFER OF FUNDS)
The bill provides $8,000,000 for the Federal Permitting
Improvement Steering Council's Environmental Review Improvement
Fund.
Federal Trade Commission
SALARIES AND EXPENSES
The bill provides $331,000,000 for salaries and expenses of
the Federal Trade Commission (FTC). This appropriation is
partially offset by premerger filing and Telemarketing Sales
Rule fees estimated at $141,000,000 and $18,000,000,
respectively.
The agreement provides the FTC with substantial additional
resources above its budget request. The FTC is directed to
prioritize additional resources for both its Protecting
Consumers and Promoting Competition programs.
The agreement recognizes that report directives included in
the House and Senate reports do not contemplate the exercise of
authorities under section 6(b) of the FTC Act. The agreement
does not adopt the Senate report directive concerning social
media algorithms.
General Services Administration
REAL PROPERTY ACTIVITIES
FEDERAL BUILDINGS FUND
LIMITATIONS ON AVAILABILITY OF REVENUE
(INCLUDING TRANSFERS OF FUNDS)
The bill provides resources from the General Services
Administration (GSA) Federal Buildings Fund totaling
$8,856,530,000.
Rental Rates.--The agreement does not adopt language in
House report 116-122 requiring the submission of a report on
certain rental rates.
In lieu of the House report directive captioned Old Post
Office Lease Agreement, the agreement notes the findings of
GSA's Office of Inspector General report JE19-002 and its
recommendations.
Flood Resiliency.--GSA is directed to report on the
resiliency of Federal buildings located in flood prone areas as
directed in the Senate report within 270 days.
Construction and Acquisition.--The bill provides
$152,400,000 for construction and acquisition.
The report on land ports-of-entry in the construction
account as required in House Report 116-122 should be produced
within 90 days of enactment of this Act.
CONSTRUCTION AND ACQUISITION
------------------------------------------------------------------------
State Description Amount
------------------------------------------------------------------------
AZ............................... San Luis, United $152,400,000
States Land Port
of Entry.
------------------------------------------------------------------------
Repairs and Alterations.--The bill provides $833,752,000
for repairs and alterations. Funds are provided in the amounts
indicated:
------------------------------------------------------------------------
------------------------------------------------------------------------
Major Repairs and Alterations........................... $451,695,000
Basic Repairs and Alterations........................... 382,057,000
------------------------------------------------------------------------
For Major Repairs and Alterations, GSA is directed to
submit a spending plan, by project, as specified in Section 526
of this Act to the Committees on Appropriations of the House
and Senate and to provide notification to the Committees no
less than 15 days prior to any changes in the use of these
funds.
Rental of Space.--The bill provides $5,497,561,000 for
rental of space.
Building Operations.--The bill provides $2,372,817,000 for
building operations.
GENERAL ACTIVITIES
GOVERNMENT-WIDE POLICY
The bill provides $64,000,000 for GSA government-wide
policy activities.
City-Pair Program.--The report directive on City Pair
contained in House Report 116-122 is modified to require
submission of the report within 90 days of enactment of this
Act.
OPERATING EXPENSES
The bill provides $49,440,000 for operating expenses.
CIVILIAN BOARD OF CONTRACT APPEALS
The bill provides $9,301,000 for the Civilian Board of
Contract Appeals.
OFFICE OF INSPECTOR GENERAL
The bill provides $67,000,000 for the Office of Inspector
General.
ALLOWANCES AND OFFICE STAFF FOR FORMER PRESIDENTS
The bill provides $3,851,000 for allowances and office
staff for former Presidents.
FEDERAL CITIZEN SERVICES FUND
(INCLUDING TRANSFER OF FUNDS)
The bill provides $55,000,000 for deposit into the Federal
Citizen Services Fund (the Fund) and authorizes use of
appropriations, revenues and collections in the Fund in an
aggregate amount not to exceed $100,000,000.
PRE-ELECTION PRESIDENTIAL TRANSITION
(INCLUDING TRANSFER OF FUNDS)
The bill provides $9,620,000 for activities authorized by
the Pre-Election Presidential Transition Act of 2010 (Public
Law 111-283).
TECHNOLOGY MODERNIZATION FUND
The bill provides $25,000,000 for the Technology
Modernization Fund.
ADMINISTRATIVE PROVISIONS--GENERAL SERVICES ADMINISTRATION
(INCLUDING TRANSFER OF FUNDS)
Section 520 specifies that funds are available for hire of
motor vehicles.
Section 521 authorizes transfers within the Federal
Buildings Fund, with advance approval of the Committees on
Appropriations of the House and Senate.
Section 522 requires transmittal of a fiscal year 2021
request for courthouse construction that meets design guide
standards, reflects the priorities in the Judicial Conference's
5-year construction plan, and includes a standardized courtroom
utilization study.
Section 523 specifies that funds in this Act may not be
used to increase the amount of occupiable space or provide
services such as cleaning or security for any agency that does
not pay the rental charges assessed by GSA.
Section 524 permits GSA to pay certain construction-related
claims against the Federal Government from savings achieved in
other projects.
Section 525 requires that the delineated area of
procurement for leased space match the approved prospectus,
unless the Administrator provides an explanatory statement to
the appropriate congressional committees.
Section 526 requires a spending plan for certain accounts
and programs.
Section 527 provides $3,000,000 to the Administrator to
implement changes to the System for Award Management providing
for submission of authenticated certification.
Harry S Truman Scholarship Foundation
SALARIES AND EXPENSES
The bill provides $1,670,000 for payment to the Harry S
Truman Scholarship Foundation Trust Fund.
Merit Systems Protection Board
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
The bill provides $46,835,000, to remain available until
September 30, 2021, for the salaries and expenses of the Merit
Systems Protection Board. Within the amount provided,
$44,490,000 is a direct appropriation and $2,345,000 is a
transfer from the Civil Service Retirement and Disability Fund
to adjudicate retirement appeals.
Morris K. Udall and Stewart L. Udall Foundation
MORRIS K. UDALL AND STEWART L. UDALL TRUST FUND
(INCLUDING TRANSFER OF FUNDS)
The bill provides $1,800,000 for payment to the Morris K.
Udall and Stewart L. Udall Trust Fund.
ENVIRONMENTAL DISPUTE RESOLUTION FUND
The bill provides $3,200,000 for payment to the
Environmental Dispute Resolution Fund.
National Archives and Records Administration
OPERATING EXPENSES
The bill provides $359,000,000 for the operating expenses
of the National Archives and Records Administration. Of this
amount, $22,000,000 shall remain available until expended for
the repair and alteration of the National Archives facility in
College Park, Maryland, and related improvements, and up to
$2,000,000 shall remain available until expended to implement
the Civil Rights Cold Case Records Collection Act of 2018
(Public Law 115-426).
OFFICE OF INSPECTOR GENERAL
The bill provides $4,823,000 for the Office of Inspector
General.
REPAIRS AND RESTORATION
The bill provides $7,500,000 for repairs and restoration.
NATIONAL HISTORICAL PUBLICATIONS AND RECORDS COMMISSION
GRANTS PROGRAM
The bill provides $6,500,000 for the National Historical
Publications and Records Commission (NHPRC) grants program. The
NHPRC is urged to continue to support the completion of
documentary editions through the NHPRC Grants Program and
support the scholarly presentation of our country's most
treasured historical documents.
National Credit Union Administration
COMMUNITY DEVELOPMENT REVOLVING LOAN FUND
The bill provides $1,500,000 for the Community Development
Revolving Loan Fund.
Office of Government Ethics
SALARIES AND EXPENSES
The bill provides $17,500,000 for salaries and expenses of
the Office of Government Ethics.
Office of Personnel Management
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF TRUST FUNDS)
The bill provides $299,755,000 for salaries and expenses
of the Office of Personnel Management (OPM). Within the amount
provided, $145,130,000 is a direct appropriation and
$154,625,000 is a transfer from OPM trust funds. The bill
provides $14,000,000 to remain available until expended for OPM
to improve information technology infrastructure modernization
and the Trust Fund Federal Financial System migration or
modernization. The bill does not provide funds requested in the
President's Budget for the purposes of merging OPM and GSA.
In lieu of the House Government Accountability Office (GAO)
reports, GAO is directed to provide briefings concerning the
USAJOBS website and Federal Financial System modernization
within 180 days of enactment of this Act.
OPM is urged to fill critical vacancies such as
informational technology and human resource positions.
OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF TRUST FUNDS)
The bill provides $30,265,000 for salaries and expenses of
the Office of Inspector General. Within the amount provided,
$5,000,000 is a direct appropriation and $25,265,000 is a
transfer from OPM trust funds.
Office of Special Counsel
SALARIES AND EXPENSES
The bill includes $27,500,000 for salaries and expenses of
the Office of Special Counsel.
Postal Regulatory Commission
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
The bill provides $16,615,000 for the salaries and expenses
of the Postal Regulatory Commission.
Privacy and Civil Liberties Oversight Board
SALARIES AND EXPENSES
The bill provides $8,200,000 for salaries and expenses of
the Privacy and Civil Liberties Oversight Board.
Securities and Exchange Commission
SALARIES AND EXPENSES
The bill provides $1,815,000,000 for the Securities and
Exchange Commission (SEC). Of that amount, the bill allocates
no less than $15,662,000 for the SEC Office of Inspector
General. In addition, another $10,525,000 is provided for move,
replication, and related costs associated with a replacement
lease for the Commission's New York Regional Office facilities.
All funds are derived from $1,825,525,000 in offsetting
collections, resulting in no net appropriation.
The agreement provides the SEC with substantial additional
resources above its budget request. The SEC is directed to
prioritize additional resources for enforcement, investigations
and examinations, trading and markets, and the Office of the
Whistleblower.
Under the agreement, reporting directives addressed to the
SEC's operating divisions are instead addressed to the SEC.
Current Expected Credit Loss.--In lieu of the House
directive addressed to the SEC, the agreement adopts the Senate
directive addressed to the Department of the Treasury.
Consolidated Audit Trail.--The agreement adopts the House
and Senate report language regarding data security, personally-
identifiable information, and the Consolidated Audit Trail
(CAT). The SEC is encouraged to ensure institutional
stakeholders, and all entities required to provide data to the
CAT, are provided the opportunity to substantively engage with
the CAT information security program.
ADMINISTRATIVE PROVISION--SECURITIES AND EXCHANGE COMMISSION
Section 530 requires the SEC to submit a report regarding
the Municipal Securities Rulemaking Board.
Selective Service System
SALARIES AND EXPENSES
The bill provides $27,100,000 for the salaries and expenses
of the Selective Service System.
The bill provides $2,100,000 above the budget request for
critical cybersecurity enhancements and the modernization of
legacy IT systems.
Small Business Administration
SALARIES AND EXPENSES
The bill provides $270,157,000 for salaries and expenses of
the Small Business Administration (SBA).
ENTREPRENEURIAL DEVELOPMENT PROGRAMS
The bill provides $261,000,000 for SBA Entrepreneurial
Development Programs.
------------------------------------------------------------------------
Program ($000)
------------------------------------------------------------------------
7(j) Technical Assistance Program (Contracting 2,800
Assistance)............................................
Entrepreneurship Education.............................. 2,500
Growth Accelerators..................................... 2,000
HUBZone Program......................................... 3,000
Microloan Technical Assistance.......................... 34,500
National Women's Business Council....................... 1,500
Native American Outreach................................ 2,000
PRIME Technical Assistance.............................. 5,500
Regional Innovation Clusters............................ 5,000
SCORE................................................... 11,700
Small Business Development Centers (SBDC)............... 135,000
State Trade Expansion Program (STEP).................... 19,000
Veterans Outreach....................................... 14,000
Women's Business Centers (WBC).......................... 22,500
---------------
Total, Entrepreneurial Development Programs......... 261,000
------------------------------------------------------------------------
Veterans Entrepreneur Pilot Program.--In lieu of the Senate
report language on a Veterans Entrepreneur Pilot Program, SBA
is directed, not later than 180 days after the date of
enactment of this Act, to submit to the Committees on
Appropriations of the House and Senate, a study on (1) the
feasibility of implementing a 3-year pilot program to increase
access to capital for veterans that utilizes the methodology
equivalent to the GI Bill maximum amount of 36 months of
educational assistance, and (2) recommendations on the
feasibility of utilizing GI Bill benefits to support veteran
entrepreneur business financing.
OFFICE OF INSPECTOR GENERAL
The bill provides $21,900,000 for the Office of Inspector
General.
OFFICE OF ADVOCACY
The bill provides $9,120,000 for the Office of Advocacy.
BUSINESS LOANS PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
The bill provides $259,150,000 for the Business Loans
Program Account.
DISASTER LOANS PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
The bill provides $177,136,000 for the administrative costs
of the Disaster Loans Program, of which $150,888,000 is
designated as being for disaster relief for major disasters
pursuant to section 251(b)(2)(D) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
ADMINISTRATIVE PROVISIONS--SMALL BUSINESS ADMINISTRATION
(INCLUDING TRANSFERS OF FUNDS)
Section 540 provides transfer authority and availability of
funds.
Section 541 authorizes the transfer of funding available
under the SBA ``Salaries and Expenses'' and ``Business Loans
Program Account'' appropriations into the SBA Information
Technology System Modernization and Working Capital Fund.
United States Postal Service
PAYMENT TO THE POSTAL SERVICE FUND
The bill provides $56,711,000 for a payment to the Postal
Service Fund.
Multinational Species Conservation Fund Semipostal Stamp.--
In lieu of the Senate report directive, the bill includes a
provision requiring the U.S. Postal Service not to destroy, and
to continue to offer for sale, existing copies of the
Multinational Species Conservation Fund Semipostal Stamp.
Alzheimer's Semipostal Fundraising Stamp.-- The agreement
notes strong support for the Alzheimer's Semipostal Fundraising
Stamp. Millions of copies of the original printing of the stamp
remain. In lieu of the Senate report directive, the U.S. Postal
Service is directed to continue to offer the stamp for sale to
the public, in addition to any other semipostal stamps the
Postal Service may issue under its rules and regulations. The
U.S. Postal Service is further directed not to destroy any
copies of the stamp.
OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
The bill provides $250,000,000 for the Office of Inspector
General.
United States Tax Court
SALARIES AND EXPENSES
The bill provides $53,000,000 for salaries and expenses of
the United States Tax Court, of which not to exceed $3,000 is
available for official reception and representation expenses.
TITLE VI
GENERAL PROVISIONS--THIS ACT
(INCLUDING RESCISSION OF FUNDS)
Section 601 prohibits pay and other expenses of non-Federal
parties intervening in regulatory or adjudicatory proceedings
funded in this Act.
Section 602 prohibits obligations beyond the current fiscal
year and prohibits transfers of funds unless expressly
provided.
Section 603 limits expenditures for any consulting service
through procurement contracts where such expenditures are a
matter of public record and available for public inspection.
Section 604 prohibits funds in this Act from being
transferred without express authority.
Section 605 prohibits the use of funds to engage in
activities that would prohibit the enforcement of section 307
of the Tariff Act of 1930 (46 Stat. 590).
Section 606 prohibits the use of funds unless the recipient
agrees to comply with the Buy American Act.
Section 607 prohibits funding for any person or entity
convicted of violating the Buy American Act.
Section 608 authorizes the reprogramming of funds and
specifies the reprogramming procedures for agencies funded by
this Act, and has been modified from last year to include
additional reporting requirements.
Section 609 ensures that 50 percent of unobligated balances
may remain available for certain purposes.
Section 610 restricts the use of funds for the Executive
Office of the President to request official background reports
from the Federal Bureau of Investigation without the written
consent of the individual who is the subject of the report.
Section 611 ensures that the cost accounting standards
shall not apply with respect to a contract under the Federal
Employees Health Benefits Program.
Section 612 allows the use of certain funds relating to
nonforeign area cost of living allowances.
Section 613 prohibits the expenditure of funds for
abortions under the Federal Employees Health Benefits Program.
Section 614 provides an exemption from section 613 if the
life of the mother is in danger or the pregnancy is a result of
an act of rape or incest.
Section 615 waives restrictions on the purchase of
nondomestic articles, materials, and supplies in the case of
acquisition by the Federal Government of information
technology.
Section 616 prohibits the acceptance by agencies or
commissions funded by this Act, or by their officers or
employees, of payment or reimbursement for travel, subsistence,
or related expenses from any person or entity (or their
representative) that engages in activities regulated by such
agencies or commissions.
Section 617 permits the Securities and Exchange Commission
and the Commodity Futures Trading Commission to fund a joint
advisory committee to advise on emerging regulatory issues,
notwithstanding section 708 of this Act.
Section 618 requires agencies covered by this Act with
independent leasing authority to consult with the General
Services Administration before seeking new office space or
making alterations to existing office space.
Section 619 provides for several appropriated mandatory
accounts, where authorizing language requires the payment of
funds for Compensation of the President, the Judicial
Retirement Funds (Judicial Officers' Retirement Fund, Judicial
Survivors' Annuities Fund, and the United States Court of
Federal Claims Judges' Retirement Fund), the Government Payment
for Annuitants for Employee Health Benefits and Employee Life
Insurance, and the Payment to the Civil Service Retirement and
Disability Fund. In addition, language is included for certain
retirement, healthcare and survivor benefits required by 3
U.S.C. 102 note.
Section 620 allows the Public Company Accounting Oversight
Board to obligate amounts collected from monetary penalties for
the purpose of funding scholarships for accounting students, as
authorized by the Sarbanes-Oxley Act of 2002 (Public Law 107-
204).
Section 621 prohibits funds for the Federal Trade
Commission to complete the draft report on food marketed to
children unless certain requirements are met.
Section 622 provides authority for Chief Information
Officers over information technology spending.
Section 623 prohibits funds from being used in
contravention of the Federal Records Act.
Section 624 relates to electronic communications.
Section 625 relates to Universal Service Fund payments for
wireless providers.
Section 626 prohibits funds to be used to deny Inspectors
General access to records.
Section 627 relates to pornography and computer networks.
Section 628 prohibits funds to pay for award or incentive
fees for contractors with below satisfactory performance.
Section 629 relates to conference expenditures.
Section 630 prohibits funds made available under this Act
from being used to fund first-class or business-class travel in
contravention of Federal regulations.
Section 631 provides $1,000,000 for the Inspectors General
Council Fund for expenses related to www.oversight.gov.
Section 632 rescinds $16,369,000 in prior year unobligated
balances from the Small Business Administration--Business Loans
Program account.
Section 633 relates to contracts for public relations
services.
Section 634 prohibits funds for the SEC to finalize, issue,
or implement any rule, regulation, or order requiring the
disclosure of political contributions, contributions to tax-
exempt organizations, or dues paid to trade associations in SEC
filings.
Section 635 prohibits use of funds for the sale of Federal
facilities on Plum Island.
TITLE VII
GENERAL PROVISIONS--GOVERNMENT-WIDE
Departments, Agencies, and Corporations
(INCLUDING TRANSFER OF FUNDS)
Section 701 requires agencies to administer a policy
designed to ensure that all its workplaces are free from the
illegal use of controlled substances.
Section 702 sets specific limits on the cost of passenger
vehicles purchased by the Federal Government with exceptions
for police, heavy duty, electric hybrid, and clean fuels
vehicles and with an exception for commercial vehicles that
operate on emerging motor vehicle technology.
Section 703 allows funds made available to agencies for
travel to also be used for quarters allowances and cost-of-
living allowances.
Section 704 prohibits the Government, with certain
specified exceptions, from employing non-U.S. citizens whose
posts of duty would be in the continental United States.
Section 705 ensures that agencies will have authority to
pay the General Services Administration for space renovation
and other services.
Section 706 allows agencies to use receipts from the sale
of materials for acquisition, waste reduction and prevention,
environmental management programs, and other Federal employee
programs.
Section 707 provides that funds for administrative expenses
may be used to pay rent and other service costs in the District
of Columbia.
Section 708 precludes interagency financing of groups
absent prior statutory approval.
Section 709 prohibits the use of appropriated funds for
enforcing regulations disapproved in accordance with the
applicable law of the United States.
Section 710 limits the amount that can be used for
redecoration of offices under certain circumstances.
Section 711 permits interagency funding of national
security and emergency preparedness telecommunications
initiatives, which benefit multiple Federal departments,
agencies, and entities.
Section 712 requires agencies to certify that a schedule C
appointment was not created solely or primarily to detail the
employee to the White House.
Section 713 prohibits the use of funds to prevent Federal
employees from communicating with Congress or to take
disciplinary or personnel actions against employees for such
communication.
Section 714 prohibits Federal training not directly related
to the performance of official duties.
Section 715 prohibits the use of appropriated funds for
publicity or propaganda designed to support or defeat
legislation pending before Congress.
Section 716 prohibits the use of appropriated funds by an
agency to provide home addresses of Federal employees to labor
organizations, absent employee authorization or court order.
Section 717 prohibits the use of appropriated funds to
provide nonpublic information such as mailing or telephone
lists to any person or organization outside of the Government
without approval of the Committees on Appropriations of the
House and Senate.
Section 718 prohibits the use of appropriated funds for
publicity or propaganda purposes within the United States not
authorized by Congress.
Section 719 directs agencies' employees to use official
time in an honest effort to perform official duties.
Section 720 authorizes the use of current fiscal year funds
to finance an appropriate share of the Federal Accounting
Standards Advisory Board administrative costs.
Section 721 authorizes the transfer of funds to the General
Services Administration to finance an appropriate share of
various Government-wide boards and councils under certain
conditions.
Section 722 authorizes breastfeeding at any location in a
Federal building or on Federal property.
Section 723 permits interagency funding of the National
Science and Technology Council and requires an Office of
Management and Budget report on the budget and resources of the
Council.
Section 724 requires identification of the Federal agencies
providing Federal funds and the amount provided for all
proposals, solicitations, grant applications, forms,
notifications, press releases, or other publications related to
the distribution of funding to a State.
Section 725 prohibits the use of funds to monitor personal
information relating to the use of Federal Internet sites.
Section 726 regards contraceptive coverage under the
Federal Employees Health Benefits Plan.
Section 727 recognizes that the United States is committed
to ensuring the health of the Olympic, Pan American, and
Paralympic athletes, and supports the strict adherence to anti-
doping in sport activities.
Section 728 allows departments and agencies to use official
travel funds to participate in the fractional aircraft
ownership pilot programs.
Section 729 prohibits funds for implementation of OPM
regulations limiting detailees to the legislative branch and
placing certain limitations on the Coast Guard Congressional
Fellowship program.
Section 730 restricts the use of funds for Federal law
enforcement training facilities with an exception for the
Federal Law Enforcement Training Center.
Section 731 prohibits executive branch agencies from
creating or funding prepackaged news stories that are broadcast
or distributed in the United States unless specific
notification conditions are met.
Section 732 prohibits funds used in contravention of the
Privacy Act, section 552a of title 5, United States Code or
section 522.224 of title 48 of the Code of Federal Regulations.
Section 733 prohibits funds in this or any other Act from
being used for Federal contracts with inverted domestic
corporations or other corporations using similar inverted
structures, unless the contract preceded this Act or the
Secretary grants a waiver in the interest of national security.
Section 734 requires agencies to remit to the Civil Service
Retirement and Disability Fund an amount equal to the Office of
Personnel Management's (OPM) average unit cost of processing a
retirement claim for the preceding fiscal year to be available
to the OPM for the cost of processing retirements of employees
who separate under Voluntary Early Retirement Authority or who
receive Voluntary Separation Incentive Payments.
Section 735 prohibits funds to require any entity
submitting an offer for a Federal contract to disclose
political contributions.
Section 736 prohibits funds for the painting of a portrait
of an employee of the Federal Government including the
President, the Vice President, a Member of Congress, the head
of an executive branch agency, or the head of an office of the
legislative branch.
Section 737 limits the pay increases of certain prevailing
rate employees.
Section 738 requires reports to Inspectors General
concerning expenditures for agency conferences.
Section 739 prohibits the use of funds to increase,
eliminate, or reduce a program or project unless such change is
made pursuant to reprogramming or transfer provisions.
Section 740 prohibits the Office of Personnel Management or
any other agency from using funds to implement regulations
changing the competitive areas under reductions-in-force for
Federal employees.
Section 741 prohibits the use of funds to begin or announce
a study or a public-private competition regarding the
conversion to contractor performance of any function performed
by civilian Federal employees pursuant to Office of Management
and Budget Circular A76 or any other administrative regulation,
directive, or policy.
Section 742 ensures that contractors are not prevented from
reporting waste, fraud, or abuse by signing confidentiality
agreements that would prohibit such disclosure.
Section 743 prohibits the expenditure of funds for the
implementation of agreements in certain nondisclosure policies
unless certain provisions are included in the policies.
Section 744 prohibits funds to any corporation with certain
unpaid Federal tax liabilities unless an agency has considered
suspension or debarment of the corporation and made a
determination that this further action is not necessary to
protect the interests of the Government.
Section 745 prohibits funds to any corporation that was
convicted of a felony criminal violation within the preceding
24 months unless an agency has considered suspension or
debarment of the corporation and has made a determination that
this further action is not necessary to protect the interests
of the Government.
Section 746 relates to the Consumer Financial Protection
Bureau (CFPB). Given the need for transparency and
accountability in the Federal budgeting process, the CFPB is
directed to provide an informal, nonpublic full briefing at
least annually before the relevant Appropriations subcommittee
on the CFPB's finances and expenditures. The agreement
clarifies House report language regarding State insurance
referrals to note that under current law, CFPB does not have
the authority to regulate the business of insurance. In these
cases, CFPB is directed to refer all enforcement investigations
and actions to the appropriate State insurance commissioner.
Section 747 addresses possible technical scorekeeping
differences for fiscal year 2020 between the Office of
Management and Budget and the Congressional Budget Office.
Section 748 provides adjustments in rates of basic pay for
Federal employees, to be paid for by appropriations.
Section 749 eliminates automatic statutory pay increase for
the Vice President, political appointees paid under the
executive schedule, ambassadors who are not career members of
the Foreign Service, political appointed (noncareer) Senior
Executive Service employees, and any other senior political
appointee paid at or above level IV of the executive schedule.
Section 750 declares the inapplicability of these general
provisions to title IV and title VIII.
TITLE VIII
GENERAL PROVISIONS--DISTRICT OF COLUMBIA
(INCLUDING TRANSFERS OF FUNDS)
Section 801 allows the use of local funds for making
refunds or paying judgments against the District of Columbia
government.
Section 802 prohibits the use of Federal funds for
publicity or propaganda designed to support or defeat
legislation before Congress or any State legislature.
Section 803 establishes reprogramming procedures for
Federal funds.
Section 804 prohibits the use of Federal funds for the
salaries and expenses of a shadow U.S. Senator or U.S.
Representative.
Section 805 places restrictions on the use of District of
Columbia government vehicles.
Section 806 prohibits the use of Federal funds for a
petition or civil action which seeks to require voting rights
for the District of Columbia in Congress.
Section 807 prohibits the use of Federal funds in this Act
to distribute, for the purpose of preventing the spread of
blood borne pathogens, sterile needles or syringes in any
location that has been determined by local public health
officials or local law enforcement authorities to be
inappropriate for such distribution.
Section 808 concerns a ``conscience clause'' on legislation
that pertains to contraceptive coverage by health insurance
plans.
Section 809 prohibits Federal funds to enact or carry out
any law, rule, or regulation to legalize or reduce penalties
associated with the possession, use or distribution of any
schedule I substance under the Controlled Substances Act or any
tetrahydrocannabinols derivative. In addition, section 809
prohibits Federal and local funds to enact any law, rule, or
regulation to legalize or reduce penalties associated with the
possession, use or distribution of any schedule I substance
under the Controlled Substances Act or any
tetrahydrocannabinols derivative for recreational purposes.
Section 810 prohibits the use of funds for abortion except
in the cases of rape or incest or if necessary to save the life
of the mother.
Section 811 requires the CFO to submit a revised operating
budget no later than 30 calendar days after the enactment of
this Act for agencies the CFO certifies as requiring a
reallocation in order to address unanticipated program needs.
Section 812 requires the CFO to submit a revised operating
budget for the District of Columbia Public Schools, no later
than 30 calendar days after the enactment of this Act, which
aligns schools' budgets to actual enrollment.
Section 813 allows for transfers of local funds between
operating funds and capital and enterprise funds.
Section 814 prohibits the obligation of Federal funds
beyond the current fiscal year and transfers of funds unless
expressly provided herein.
Section 815 provides that not to exceed 50 percent of
unobligated balances from Federal appropriations for salaries
and expenses may remain available for certain purposes. This
provision will apply to the District of Columbia Courts, the
Court Services and Offender Supervision Agency and the District
of Columbia Public Defender Service.
Section 816 appropriates local funds during fiscal year
2021 if there is an absence of a continuing resolution or
regular appropriation for the District of Columbia. Funds are
provided under the same authorities and conditions and in the
same manner and extent as provided for in fiscal year 2020.
Section 817 specifies that references to ``this Act'' in
this title or title IV are treated as referring only to the
provisions of this title and title IV.
This division may be cited as ``Financial Services and
General Government Appropriations Act, 2020.''
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
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[House Appropriations Committee Print]
Consolidated Appropriations Act, 2020
(H.R. 1158; P.L. 116-93)
DIVISION D--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2020
=======================================================================
DIVISION D--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2020
TITLE I
DEPARTMENTAL MANAGEMENT, OPERATIONS, INTELLIGENCE, AND OVERSIGHT
Office of the Secretary and Executive Management
operations and support
For necessary expenses of the Office of the Secretary and for
executive management for operations and support, $168,808,000;
of which $10,000,000 shall be for an Ombudsman for Immigration
Detention as established by section 106, of which $5,000,000
shall remain available until September 30, 2021; and of which
$500,000 shall be withheld from obligation until the Secretary
appoints such Ombudsman for Immigration Detention and complies
with the directive related to the Public Complaint and Feedback
System Working Group in the explanatory statement accompanying
this Act: Provided, That not to exceed $30,000 shall be for
official reception and representation expenses.
federal assistance
(including transfer of funds)
For necessary expenses of the Office of the Secretary and
Executive Management for Federal Assistance through grants,
contracts, cooperative agreements, and other activities,
$10,000,000, which shall be transferred tp the Federal
Emergency Management Agency for targeted violence and terrorism
prevention grants.
Management Directorate
operations and support
For necessary expenses of the Management Directorate for
operations and support, $1,182,142,000: Provided, That not to
exceed $2,000 shall be for official reception and
representation expenses: Provided further, That of the funds
made available under this heading, $2,000,000 shall be withheld
from obligation until the first report required by section 403
has been made available on a publicly accessible website.
procurement, construction, and improvements
For necessary expenses of the Management Directorate for
procurement, construction, and improvements, $381,298,000, of
which $157,531,000 shall remain available until September 30,
2022; and of which $223,767,000 shall remain available until
September 30, 2024, to plan, acquire, design, construct,
renovate, remediate, equip, furnish, improve infrastructure,
and occupy buildings and facilities for the Department
headquarters consolidation project.
federal protective service
The revenues and collections of security fees credited to
this account shall be available until expended for necessary
expenses related to the protection of federally owned and
leased buildings and for the operations of the Federal
Protective Service.
Intelligence, Analysis, and Operations Coordination
operations and support
For necessary expenses of the Office of Intelligence and
Analysis and the Office of Operations Coordination for
operations and support, $284,141,000, of which $68,579,000
shall remain available until September 30, 2021: Provided,
That not to exceed $3,825 shall be for official reception and
representation expenses and not to exceed $2,000,000 is
available for facility needs associated with secure space at
fusion centers, including improvements to buildings.
Office of Inspector General
operations and support
For necessary expenses of the Office of Inspector General for
operations and support, $190,186,000: Provided, That not to
exceed $300,000 may be used for certain confidential
operational expenses, including the payment of informants, to
be expended at the direction of the Inspector General.
Administrative Provisions
Sec. 101. (a) The Secretary of Homeland Security shall submit
a report not later than October 15, 2020, to the Inspector
General of the Department of Homeland Security listing all
grants and contracts awarded by any means other than full and
open competition during fiscal years 2019 or 2020.
(b) The Inspector General shall review the report required by
subsection (a) to assess departmental compliance with
applicable laws and regulations and report the results of that
review to the Committees on Appropriations of the Senate and
the House of Representatives not later than February 15, 2021.
Sec. 102. Not later than 30 days after the last day of each
month, the Chief Financial Officer of the Department of
Homeland Security shall submit to the Committees on
Appropriations of the Senate and the House of Representatives a
monthly budget and staffing report that includes total
obligations of the Department for that month and for the fiscal
year at the appropriation and program, project, and activity
levels, by the source year of the appropriation.
Sec. 103. The Secretary of Homeland Security shall require
that all contracts of the Department of Homeland Security that
provide award fees link such fees to successful acquisition
outcomes, which shall be specified in terms of cost, schedule,
and performance.
Sec. 104. The Secretary of Homeland Security, in
consultation with the Secretary of the Treasury, shall notify
the Committees on Appropriations of the Senate and the House of
Representatives of any proposed transfers of funds available
under section 9705(g)(4)(B) of title 31, United States Code,
from the Department of the Treasury Forfeiture Fund to any
agency within the Department of Homeland Security: Provided,
That none of the funds identified for such a transfer may be
obligated until the Committees on Appropriations of the Senate
and the House of Representatives are notified of the proposed
transfers.
Sec. 105. All official costs associated with the use of
Government aircraft by Department of Homeland Security
personnel to support official travel of the Secretary and the
Deputy Secretary shall be paid from amounts made available for
the Office of the Secretary.
establishment of an immigration detention ombudsman
Sec. 106. (a) In General.--Subtitle A of title IV of the
Homeland Security Act of 2002 is amended by adding the
following new section:
``SEC. 405. OMBUDSMAN FOR IMMIGRATION DETENTION.
``(a) In General.--Within the Department, there shall be a
position of Immigration Detention Ombudsman (in this section
referred to as the `Ombudsman'). The Ombudsman shall be
independent of Department agencies and officers and shall
report directly to the Secretary. The Ombudsman shall be a
senior official with a background in civil rights enforcement,
civil detention care and custody, and immigration law.
``(b) Functions.--The functions of the Ombudsman shall be
to--
``(1) Establish and administer an independent,
neutral, and confidential process to receive,
investigate, resolve, and provide redress, including
referral for investigation to the Office of the
Inspector General, referral to U.S. Citizenship and
Immigration Services for immigration relief, or any
other action determined appropriate, for cases in which
Department officers or other personnel, or contracted,
subcontracted, or cooperating entity personnel, are
found to have engaged in misconduct or violated the
rights of individuals in immigration detention;
``(2) Establish an accessible and standardized
process regarding complaints against any officer or
employee of U.S. Customs and Border Protection or U.S.
Immigration and Customs Enforcement, or any contracted,
subcontracted, or cooperating entity personnel, for
violations of law, standards of professional conduct,
contract terms, or policy related to immigration
detention;
``(3) Conduct unannounced inspections of detention
facilities holding individuals in federal immigration
custody, including those owned or operated by units of
State or local government and privately-owned or
operated facilities;
``(4) Review, examine, and make recommendations to
address concerns or violations of contract terms
identified in reviews, audits, investigations, or
detainee interviews regarding immigration detention
facilities and services;
``(5) Provide assistance to individuals affected by
potential misconduct, excessive force, or violations of
law or detention standards by Department of Homeland
Security officers or other personnel, or contracted,
subcontracted, or cooperating entity personnel; and
``(6) Ensure that the functions performed by the
Ombudsman are complementary to existing functions
within the Department of Homeland Security.
``(c) Access to Detention Facilities.--The Ombudsman or
designated personnel of the Ombudsman, shall be provided
unfettered access to any location within each such detention
facility and shall be permitted confidential access to any
detainee at the detainee's request and any departmental records
concerning such detainee.
``(d) Coordination With Department Components.--
``(1) In general.--The Director of U.S. Immigration
and Customs Enforcement and the Commissioner of U.S.
Customs and Border Protection shall each establish
procedures to provide formal responses to
recommendations submitted to such officials by the
Ombudsman within 60 days of receiving such
recommendations.
``(2) Access to information.--The Secretary shall
establish procedures to provide the Ombudsman access to
all departmental records necessary to execute the
responsibilities of the Ombudsman under subsection (b)
or (c) not later than 60 days after a request from the
Ombudsman for such information.
``(e) Annual Report.--The Ombudsman shall prepare a report to
Congress on an annual basis on its activities, findings, and
recommendations.''.
(b) Clerical Amendment.--The table of contents of the
Homeland Security Act of 2002 is amended by adding the
following new item after ``Sec. 404. Surface Transportation
Security Advisory Committee.'':
``Sec. 405. Ombudsman for Immigration Detention.''.
Sec. 107. Section 107 of the Department of Homeland Security
Appropriations Act, 2018 (division F of Public Law 115-141),
related to visa overstay data, shall apply in fiscal year 2020,
except that the reference to ``this Act'' shall be treated as
referring to this Act, and the reference to ``2017'' shall be
treated as referring to ``2019''.
TITLE II
SECURITY, ENFORCEMENT, AND INVESTIGATIONS
U.S. Customs and Border Protection
operations and support
For necessary expenses of U.S. Customs and Border Protection
for operations and support, including the transportation of
unaccompanied minor aliens; the provision of air and marine
support to Federal, State, local, and international agencies in
the enforcement or administration of laws enforced by the
Department of Homeland Security; at the discretion of the
Secretary of Homeland Security, the provision of such support
to Federal, State, and local agencies in other law enforcement
and emergency humanitarian efforts; the purchase and lease of
up to 7,500 (6,500 for replacement only) police-type vehicles;
the purchase, maintenance, or operation of marine vessels,
aircraft, and unmanned aerial systems; and contracting with
individuals for personal services abroad; $12,735,399,000; of
which $3,274,000 shall be derived from the Harbor Maintenance
Trust Fund for administrative expenses related to the
collection of the Harbor Maintenance Fee pursuant to section
9505(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C.
9505(c)(3)) and notwithstanding section 1511(e)(1) of the
Homeland Security Act of 2002 (6 U.S.C. 551(e)(1)); of which
$500,000,000 shall be available until September 30, 2021; and
of which such sums as become available in the Customs User Fee
Account, except sums subject to section 13031(f)(3) of the
Consolidated Omnibus Budget Reconciliation Act of 1985 (19
U.S.C. 58c(f)(3)), shall be derived from that account; and of
which $104,377,000 is for additional Office of Field Operations
staffing: Provided, That not to exceed $34,425 shall be for
official reception and representation expenses: Provided
further, That not to exceed $150,000 shall be available for
payment for rental space in connection with preclearance
operations: Provided further, That not to exceed $2,000,000
shall be for awards of compensation to informants, to be
accounted for solely under the certificate of the Secretary of
Homeland Security: Provided further, That not to exceed
$5,000,000 may be transferred to the Bureau of Indian Affairs
for the maintenance and repair of roads on Native American
reservations used by the U.S. Border Patrol: Provided further,
That of the funds made available under this heading for the
Executive Leadership and Oversight program, project, and
activity, $5,000,000 shall be withheld from obligation until
the reports directed by the explanatory statement accompanying
this Act concerning Custody and Transfer Metrics, the Migrant
Protection Protocol program, and medical guidance have been
made available on a publicly accessible website.
procurement, construction, and improvements
For necessary expenses of U.S. Customs and Border Protection
for procurement, construction, and improvements, including
procurement of marine vessels, aircraft, and unmanned aerial
systems, $1,904,468,000, of which $467,104,000 shall remain
available until September 30, 2022, and of which $1,437,364,000
shall remain available until September 30, 2024.
U.S. Immigration and Customs Enforcement
operations and support
For necessary expenses of U.S. Immigration and Customs
Enforcement for operations and support, including the purchase
and lease of up to 3,790 (2,350 for replacement only) police-
type vehicles; overseas vetted units; and maintenance, minor
construction, and minor leasehold improvements at owned and
leased facilities; $8,032,801,000; of which not less than
$6,000,000 shall remain available until expended for efforts to
enforce laws against forced child labor; of which $53,696,000
shall remain available until September 30, 2021; of which not
less than $1,500,000 is for paid apprenticeships for
participants in the Human Exploitation Rescue Operative Child-
Rescue Corps; of which not less than $15,000,000 shall be
available for investigation of intellectual property rights
violations, including operation of the National Intellectual
Property Rights Coordination Center; and of which not less than
$4,429,033,000 shall be for enforcement, detention, and removal
operations, including transportation of unaccompanied minor
aliens: Provided, That not to exceed $11,475 shall be for
official reception and representation expenses: Provided
further, That not to exceed $10,000,000 shall be available
until expended for conducting special operations under section
3131 of the Customs Enforcement Act of 1986 (19 U.S.C. 2081):
Provided further, That not to exceed $2,000,000 shall be for
awards of compensation to informants, to be accounted for
solely under the certificate of the Secretary of Homeland
Security: Provided further, That not to exceed $11,216,000
shall be available to fund or reimburse other Federal agencies
for the costs associated with the care, maintenance, and
repatriation of smuggled aliens unlawfully present in the
United States: Provided further, That of the funds made
available under this heading, $10,000,000 shall be withheld
from obligation until the first report required by section 218
has been made available on a publicly accessible website.
procurement, construction, and improvements
For necessary expenses of U.S. Immigration and Customs
Enforcement for procurement, construction, and improvements,
$47,270,000, to remain available until September 30, 2022; of
which not less than $36,970,000 shall be available for
facilities repair and maintenance projects.
Transportation Security Administration
operations and support
For necessary expenses of the Transportation Security
Administration for operations and support, $7,680,565,000, to
remain available until September 30, 2021: Provided, That not
to exceed $7,650 shall be for official reception and
representation expenses: Provided further, That security
service fees authorized under section 44940 of title 49, United
States Code, shall be credited to this appropriation as
offsetting collections and shall be available only for aviation
security: Provided further, That the sum appropriated under
this heading from the general fund shall be reduced on a
dollar-for-dollar basis as such offsetting collections are
received during fiscal year 2020 so as to result in a final
fiscal year appropriation from the general fund estimated at
not more than $4,850,565,000.
procurement, construction, and improvements
For necessary expenses of the Transportation Security
Administration for procurement, construction, and improvements,
$110,100,000, to remain available until September 30, 2022.
research and development
For necessary expenses of the Transportation Security
Administration for research and development, $22,902,000, to
remain available until September 30, 2021.
Coast Guard
operations and support
For necessary expenses of the Coast Guard for operations and
support including the Coast Guard Reserve; purchase or lease of
not to exceed 25 passenger motor vehicles, which shall be for
replacement only; purchase or lease of small boats for
contingent and emergent requirements (at a unit cost of not
more than $700,000) and repairs and service-life replacements,
not to exceed a total of $31,000,000; purchase, lease, or
improvements of boats necessary for overseas deployments and
activities; payments pursuant to section 156 of Public Law 97-
377 (42 U.S.C. 402 note; 96 Stat. 1920); and recreation and
welfare; $8,181,253,000, of which $530,000,000 shall be for
defense-related activities, of which $190,000,000 is designated
by the Congress for Overseas Contingency Operations/Global War
on Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985; of
which $24,500,000 shall be derived from the Oil Spill Liability
Trust Fund to carry out the purposes of section 1012(a)(5) of
the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)); of which
$11,000,000 shall remain available until September 30, 2022;
and of which $19,982,000 shall remain available until September
30, 2024, for environmental compliance and restoration:
Provided, That not to exceed $23,000 shall be for official
reception and representation expenses.
procurement, construction, and improvements
For necessary expenses of the Coast Guard for procurement,
construction, and improvements, including aids to navigation,
shore facilities (including facilities at Department of Defense
installations used by the Coast Guard), and vessels and
aircraft, including equipment related thereto, $1,772,506,000,
to remain available until September 30, 2024; of which
$20,000,000 shall be derived from the Oil Spill Liability Trust
Fund to carry out the purposes of section 1012(a)(5) of the Oil
Pollution Act of 1990 (33 U.S.C. 2712(a)(5)); and of which
$32,350,000, shall be available to carry out the purposes of
section 2946 of title 14, United States Code, of which
$26,376,833 shall be derived from the Coast Guard Housing Fund,
established pursuant to such section.
research and development
For necessary expenses of the Coast Guard for research and
development; and for maintenance, rehabilitation, lease, and
operation of facilities and equipment; $4,949,000, to remain
available until September 30, 2022, of which $500,000 shall be
derived from the Oil Spill Liability Trust Fund to carry out
the purposes of section 1012(a)(5) of the Oil Pollution Act of
1990 (33 U.S.C. 2712(a)(5)): Provided, That there may be
credited to and used for the purposes of this appropriation
funds received from State and local governments, other public
authorities, private sources, and foreign countries for
expenses incurred for research, development, testing, and
evaluation.
retired pay
For retired pay, including the payment of obligations
otherwise chargeable to lapsed appropriations for this purpose,
payments under the Retired Serviceman's Family Protection and
Survivor Benefits Plans, payment for career status bonuses,
payment of continuation pay under section 356 of title 37,
United States Code, concurrent receipts, combat-related special
compensation, and payments for medical care of retired
personnel and their dependents under chapter 55 of title 10,
United States Code, $1,802,309,000, to remain available until
expended.
United States Secret Service
operations and support
For necessary expenses of the United States Secret Service
for operations and support, including purchase of not to exceed
652 vehicles for police-type use for replacement only; hire of
passenger motor vehicles; purchase of motorcycles made in the
United States; hire of aircraft; rental of buildings in the
District of Columbia; fencing, lighting, guard booths, and
other facilities on private or other property not in Government
ownership or control, as may be necessary to perform protective
functions; conduct of and participation in firearms matches;
presentation of awards; conduct of behavioral research in
support of protective intelligence and operations; payment in
advance for commercial accommodations as may be necessary to
perform protective functions; and payment, without regard to
section 5702 of title 5, United States Code, of subsistence
expenses of employees who are on protective missions, whether
at or away from their duty stations; $2,336,401,000; of which
$39,763,000 shall remain available until September 30, 2021,
and of which $6,000,000 shall be for a grant for activities
related to investigations of missing and exploited children;
and of which up to $15,000,000 may be for calendar year 2019
premium pay in excess of the annual equivalent of the
limitation on the rate of pay contained in section 5547(a) of
title 5, United States Code, pursuant to section 2 of the
Overtime Pay for Protective Services Act of 2016 (5 U.S.C. 5547
note), as amended by Public Law 115-383: Provided, That not to
exceed $19,125 shall be for official reception and
representation expenses: Provided further, That not to exceed
$100,000 shall be to provide technical assistance and equipment
to foreign law enforcement organizations in criminal
investigations within the jurisdiction of the United States
Secret Service.
procurement, construction, and improvements
For necessary expenses of the United States Secret Service
for procurement, construction, and improvements, $66,989,000,
to remain available until September 30, 2022.
research and development
For necessary expenses of the United States Secret Service
for research and development, $12,455,000, to remain available
until September 30, 2021.
Administrative Provisions
Sec. 201. Section 201 of the Department of Homeland Security
Appropriations Act, 2018 (division F of Public Law 115-141),
related to overtime compensation limitations, shall apply with
respect to funds made available in this Act in the same manner
as such section applied to funds made available in that Act,
except that ``fiscal year 2020'' shall be substituted for
``fiscal year 2018''.
Sec. 202. Funding made available under the headings ``U.S.
Customs and Border Protection--Operations and Support'' and
``U.S. Customs and Border Protection--Procurement,
Construction, and Improvements'' shall be available for customs
expenses when necessary to maintain operations and prevent
adverse personnel actions in Puerto Rico in addition to funding
provided by section 740 of title 48, United States Code.
Sec. 203. As authorized by section 601(b) of the United
States-Colombia Trade Promotion Agreement Implementation Act
(Public Law 112-42), fees collected from passengers arriving
from Canada, Mexico, or an adjacent island pursuant to section
13031(a)(5) of the Consolidated Omnibus Budget Reconciliation
Act of 1985 (19 U.S.C. 58c(a)(5)) shall be available until
expended.
Sec. 204. For an additional amount for ``U.S. Customs and
Border Protection--Operations and Support'', $31,000,000, to
remain available until expended, to be reduced by amounts
collected and credited to this appropriation in fiscal year
2020 from amounts authorized to be collected by section 286(i)
of the Immigration and Nationality Act (8 U.S.C. 1356(i)),
section 10412 of the Farm Security and Rural Investment Act of
2002 (7 U.S.C. 8311), and section 817 of the Trade Facilitation
and Trade Enforcement Act of 2015 (Public Law 114-25), or other
such authorizing language: Provided, That to the extent that
amounts realized from such collections exceed $31,000,000,
those amounts in excess of $31,000,000 shall be credited to
this appropriation, to remain available until expended.
Sec. 205. None of the funds made available in this Act for
U.S. Customs and Border Protection may be used to prevent an
individual not in the business of importing a prescription drug
(within the meaning of section 801(g) of the Federal Food,
Drug, and Cosmetic Act) from importing a prescription drug from
Canada that complies with the Federal Food, Drug, and Cosmetic
Act: Provided, That this section shall apply only to
individuals transporting on their person a personal-use
quantity of the prescription drug, not to exceed a 90-day
supply: Provided further, That the prescription drug may not
be--
(1) a controlled substance, as defined in section 102
of the Controlled Substances Act (21 U.S.C. 802); or
(2) a biological product, as defined in section 351
of the Public Health Service Act (42 U.S.C. 262).
Sec. 206. Notwithstanding any other provision of law, none
of the funds provided in this or any other Act shall be used to
approve a waiver of the navigation and vessel-inspection laws
pursuant to section 501(b) of title 46, United States Code, for
the transportation of crude oil distributed from and to the
Strategic Petroleum Reserve until the Secretary of Homeland
Security, after consultation with the Secretaries of the
Departments of Energy and Transportation and representatives
from the United States flag maritime industry, takes adequate
measures to ensure the use of United States flag vessels:
Provided, That the Secretary shall notify the Committees on
Appropriations of the Senate and the House of Representatives,
the Committee on Commerce, Science, and Transportation of the
Senate, and the Committee on Transportation and Infrastructure
of the House of Representatives within 2 business days of any
request for waivers of navigation and vessel-inspection laws
pursuant to section 501(b) of title 46, United States Code,
with respect to such transportation, and the disposition of
such requests.
Sec. 207. (a) Beginning on the date of enactment of this Act,
the Secretary of Homeland Security shall not--
(1) establish, collect, or otherwise impose any new
border crossing fee on individuals crossing the
Southern border or the Northern border at a land port
of entry; or
(2) conduct any study relating to the imposition of a
border crossing fee.
(b) In this section, the term ``border crossing fee'' means a
fee that every pedestrian, cyclist, and driver and passenger of
a private motor vehicle is required to pay for the privilege of
crossing the Southern border or the Northern border at a land
port of entry.
Sec. 208. Not later than 90 days after the date of enactment
of this Act, the Secretary of Homeland Security shall submit an
expenditure plan for any amounts made available for ``U.S.
Customs and Border Protection--Procurement, Construction, and
Improvements'' in this Act and prior Acts to the Committees on
Appropriations of the Senate and the House of Representatives:
Provided, That no such amounts may be obligated prior to the
submission of such plan.
Sec. 209. (a) Of the total amount made available under ``U.S.
Customs and Border Protection--Procurement, Construction, and
Improvements'', $1,904,468,000 shall be available only as
follows:
(1) $1,375,000,000 for the construction of barrier
system along the southwest border;
(2) $221,912,000 for the acquisition and deployment
of border security technologies and trade and travel
assets and infrastructure;
(3) $62,364,000 for facility construction and
improvements;
(4) $199,519,000 for integrated operations assets and
infrastructure; and
(5) $45,673,000 for mission support and
infrastructure.
(b) The amount designated in subsection (a)(1) shall only be
available for barrier systems that--
(1) use--
(A) operationally effective designs deployed
as of the date of enactment of the Consolidated
Appropriations Act, 2017 (Public Law 115-31),
such as currently deployed steel bollard
designs, that prioritize agent safety; or
(B) operationally effective adaptations of
such designs that help mitigate community or
environmental impacts of barrier system
construction, including adaptations based on
consultation with jurisdictions within which
barrier system will be constructed; and
(2) are constructed in the highest priority locations
as identified in the Border Security Improvement Plan.
(c) The Chief of the U.S. Border Patrol shall--
(1) provide a plan to the Committees on
Appropriations of the Senate and the House of
Representatives for the use of the amounts provided in
subsection (a)(1) within 30 days of the date of
enactment of this Act; and
(2) notify such Committees of any amendment to the
highest priority locations identified for the use of
the amount provided in subsection (a)(1) within 5 days
of such amendment.
(d) Consultation with a jurisdiction under subsection (b)(2)
shall not exceed 90 calendar days after such jurisdiction has
been notified that U.S. Customs and Border Protection is
entering into such consultation, unless an extension of time is
agreed to by such agency and such jurisdiction.
(e) Not later than 180 days after the date of enactment of
this Act, the Secretary of Homeland Security shall submit to
the Committee on Appropriations of the Senate, the Committee on
Appropriations of the House of Representatives, and the
Comptroller General of the United States an updated risk-based
plan for improving security along the borders of the United
States that includes the elements required under subsection (a)
of section 231 of division F of the Consolidated Appropriations
Act, 2018 (Public Law 115-141), which shall be evaluated in
accordance with subsection (b) of such section.
Sec. 210. Federal funds may not be made available for the
construction of fencing--
(1) within the Santa Ana Wildlife Refuge;
(2) within the Bentsen-Rio Grande Valley State Park;
(3) within La Lomita Historical park;
(4) within the National Butterfly Center;
(5) within or east of the Vista del Mar Ranch tract
of the Lower Rio Grande Valley National Wildlife
Refuge; or
(6) within historic cemeteries.
Sec. 211. Funds made available in this Act may be used to
alter operations within the National Targeting Center of U.S.
Customs and Border Protection: Provided, That none of the
funds provided by this Act, provided by previous appropriations
Acts that remain available for obligation or expenditure in
fiscal year 2020, or provided from any accounts in the Treasury
of the United States derived by the collection of fees
available to the components funded by this Act, may be used to
reduce anticipated or planned vetting operations at existing
locations unless specifically authorized by a statute enacted
after the date of enactment of this Act.
Sec. 212. (a) Of the amounts made available by this Act for
``U.S. Customs and Border Protection--Operations and
Support''--
(1) $173,000,000 is for humanitarian care;
(2) $30,000,000 is to address health, life, and safety issues
at existing Border Patrol facilities, including construction,
and for improved video recording capabilities; Provided, That
such amounts are designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
(b) Of the amounts made available by this Act for ``U.S.
Customs and Border Protection--Procurement, Construction, and
Improvements'', $30,000,000 is for the development of an
agency-wide electronic health records system; Provided, That
such amounts are designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
(c) The amounts in subsection (b) may not be obligated until
the Department of Homeland Security Chief Medical Officer
provides written certification of compliance with the
requirements described in the explanatory statement
accompanying this Act concerning electronic health records to
the Committees on Appropriations of the Senate and the House of
Representatives.
Sec. 213. Without regard to the limitation as to time and
condition of section 503(d) of this Act, the Secretary may
reprogram within and transfer funds to ``U.S. Immigration and
Customs Enforcement--Operations and Support'' as necessary to
ensure the detention of aliens prioritized for removal.
Sec. 214. None of the funds provided under the heading
``U.S. Immigration and Customs Enforcement--Operations and
Support'' may be used to continue a delegation of law
enforcement authority authorized under section 287(g) of the
Immigration and Nationality Act (8 U.S.C. 1357(g)) if the
Department of Homeland Security Inspector General determines
that the terms of the agreement governing the delegation of
authority have been materially violated.
Sec. 215. (a) None of the funds provided under the heading
``U.S. Immigration and Customs Enforcement--Operations and
Support'' may be used to continue any contract for the
provision of detention services if the two most recent overall
performance evaluations received by the contracted facility are
less than ``adequate'' or the equivalent median score in any
subsequent performance evaluation system.
(b) Beginning not later than January 1, 2021, the performance
evaluations referenced in subsection (a) shall be conducted by
the U.S. Immigration and Customs Enforcement Office of
Professional Responsibility.
Sec. 216. (a) None of the funds provided by this Act or any
other Act, or provided from any accounts in the Treasury of the
United States derived by the collection of fees available to
the components funded by this Act, may be used by the Secretary
of Homeland Security to place in detention, remove, refer for a
decision whether to initiate removal proceedings, or initiate
removal proceedings against a sponsor, potential sponsor, or
member of a household of a sponsor or potential sponsor of an
unaccompanied alien child (as defined in section 462(g) of the
Homeland Security Act of 2002 (6 U.S.C. 279(g))) based on
information shared by the Secretary of Health and Human
Services.
(b) Subsection (a) shall not apply if a background check of a
sponsor, potential sponsor, or member of a household of a
sponsor or potential sponsor reveals--
(1) a felony conviction or pending felony charge that
relates to--
(A) an aggravated felony (as defined in
section 101(a)(43) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(43)));
(B) child abuse;
(C) sexual violence or abuse; or
(D) child pornography;
(2) an association with any business that employs a
minor who--
(A) is unrelated to the sponsor, potential
sponsor, or member of a household of a sponsor
or potential sponsor; and
(B) is--
(i) not paid a legal wage; or
(ii) unable to attend school due to
the employment; or
(3) an association with the organization or
implementation of prostitution.
Sec. 217. Not later than 45 days after the date of enactment
of this Act, the Director of U.S. Immigration and Customs
Enforcement shall submit to the Committees on Appropriations of
the Senate and the House of Representatives, and make available
on a publicly accessible website, a report describing
agreements pursuant to section 287(g) of the Immigration and
Nationality Act (8 U.S.C. 1357(g)) which shall include --
(1) detailed information relating to the community
outreach activities of each participating jurisdiction
pursuant to such agreement, including the membership
and activities of any community-based steering
committee established by such jurisdiction;
(2) the number of individuals placed into removal
proceedings pursuant to each such agreement;
(3) data on the performance of the officers or
employees of a State or political subdivision thereof
under each such agreement, including the nationality
and level of criminality of the individuals described
in paragraph (2); and
(4) information relating to any future plans to
increase the number of such agreements or expand the
scope of such agreements through the introduction of
new operations pursuant to such section.
Sec. 218. Not later than 7 days after the date of enactment
of this Act and updated semimonthly thereafter, the Director of
U.S. Immigration and Customs Enforcement shall make available a
report, on a publicly accessible website in a downloadable,
searchable, and sortable format, with not less than the
previous twelve months of semimonthly data as of the last date
of each such reporting period; on--
(1) aliens detained by such agency, including data
disaggregated by single adults and members of family
units on--
(A) the average fiscal year-to-date daily
populations of aliens detained;
(B) the daily count of aliens detained;
(C) the fiscal year-to-date total for book-
ins;
(D) the average lengths of stay, including
average post-determination length of stay in
the case of detainees described in subparagraph
(F);
(E) the number transferred to the custody of
U.S. Immigration and Customs Enforcement by
U.S. Customs and Border Protection after
being--
(i) deemed inadmissible at a port of
entry or after being apprehended within
14 days of entering the United States;
or
(ii) arrested by U.S. Immigration and
Customs Enforcement;
(F) the number determined to have a credible
or reasonable fear of--
(i) persecution, as defined in
section 235(b)(1)(B)(v) of the
Immigration and Nationality Act; or
(ii) torture, as defined in section
208.30 of title 8, Code of Federal
Regulations (as in effect on January 1,
2018); and
(G) the number who have been issued a Notice
to Appear pursuant to section 239 of the
Immigration and Nationality Act, disaggregated
by single adults and members of family units;
(2) the total number of enrollees in the Alternatives
to Detention program and the average length of
participation, disaggregated by--
(A) single adults and family heads of
household;
(B) participants in the family case
management program;
(C) level of supervision; and
(D) location of supervision, by field office;
(3) for each facility where aliens are detained by
U.S. Immigration and Customs Enforcement--
(A) the address;
(B) the field offices that assign detainees
to the facility;
(C) the detailed facility type, as defined in
the integrated decision support system;
(D) the gender of aliens detained;
(E) the average daily population of detainees
within each detainee classification level, as
defined in the integrated decision support
system;
(F) the average daily population of
individuals within each threat level, as
defined in the integrated decision support
system;
(G) the average daily population within each
criminality category, as defined in the
integrated decision support system,
disaggregated by gender;
(H) the average length of stay;
(I) the average daily population of
individuals whose detention is classified as
mandatory;
(J) the performance standards to which the
facility is held;
(K) the date of the two most recent
inspections, the entity that performed each
inspection, and a detailed summary of the
results of such inspections; and
(L) the guaranteed minimum detention
capacity, if applicable; and
(4) the total number of releases from custody, by
condition of release, and total number of removals,
disaggregated by adult facilities and family
facilities.
Sec. 219. Members of the United States House of
Representatives and the United States Senate, including the
leadership; the heads of Federal agencies and commissions,
including the Secretary, Deputy Secretary, Under Secretaries,
and Assistant Secretaries of the Department of Homeland
Security; the United States Attorney General, Deputy Attorney
General, Assistant Attorneys General, and the United States
Attorneys; and senior members of the Executive Office of the
President, including the Director of the Office of Management
and Budget, shall not be exempt from Federal passenger and
baggage screening.
Sec. 220. Any award by the Transportation Security
Administration to deploy explosives detection systems shall be
based on risk, the airport's current reliance on other
screening solutions, lobby congestion resulting in increased
security concerns, high injury rates, airport readiness, and
increased cost effectiveness.
Sec. 221. Notwithstanding section 44923 of title 49, United
States Code, for fiscal year 2020, any funds in the Aviation
Security Capital Fund established by section 44923(h) of title
49, United States Code, may be used for the procurement and
installation of explosives detection systems or for the
issuance of other transaction agreements for the purpose of
funding projects described in section 44923(a) of such title.
Sec. 222. None of the funds made available by this or any
other Act may be used by the Administrator of the
Transportation Security Administration to implement,
administer, or enforce, in abrogation of the responsibility
described in section 44903(n)(1) of title 49, United States
Code, any requirement that airport operators provide airport-
financed staffing to monitor exit points from the sterile area
of any airport at which the Transportation Security
Administration provided such monitoring as of December 1, 2013.
Sec. 223. Not later than 30 days after the submission of the
President's budget proposal, the Administrator of the
Transportation Security Administration shall submit to the
Committees on Appropriations and Commerce, Science, and
Transportation of the Senate and the Committees on
Appropriations and Homeland Security in the House of
Representatives a single report that fulfills the following
requirements:
(1) a Capital Investment Plan (CIP) that includes a
plan for continuous and sustained capital investment in
new, and the replacement of aged, transportation
security equipment;
(2) the 5-year technology investment plan as required
by section 1611 of title XVI of the Homeland Security
Act of 2002, as amended by section 3 of the
Transportation Security Acquisition Reform Act (Public
Law 113-245); and
(3) the Advanced Integrated Passenger Screening
Technologies report as required by the Senate Report
accompanying the Department of Homeland Security
Appropriations Act, 2019 (Senate Report 115-283).
Sec. 224. None of the funds made available by this Act under
the heading ``Coast Guard--Operations and Support'' shall be
for expenses incurred for recreational vessels under section
12114 of title 46, United States Code, except to the extent
fees are collected from owners of yachts and credited to the
appropriation made available by this Act under the heading
``Coast Guard--Operations and Support'': Provided, That to the
extent such fees are insufficient to pay expenses of
recreational vessel documentation under such section 12114, and
there is a backlog of recreational vessel applications,
personnel performing non-recreational vessel documentation
functions under subchapter II of chapter 121 of title 46,
United States Code, may perform documentation under section
12114.
Sec. 225. Without regard to the limitation as to time and
condition of section 503(d) of this Act, after June 30, up to
$10,000,000 may be reprogrammed to or from the Military Pay and
Allowances funding category within ``Coast Guard--Operations
and Support'' in accordance with subsection (a) of section 503
of this Act.
Sec. 226. Notwithstanding any other provision of law, the
Commandant of the Coast Guard shall submit to the Committees on
Appropriations of the Senate and the House of Representatives a
future-years capital investment plan as described in the second
proviso under the heading ``Coast Guard--Acquisition,
Construction, and Improvements'' in the Department of Homeland
Security Appropriations Act, 2015 (Public Law 114-4), which
shall be subject to the requirements in the third and fourth
provisos under such heading.
Sec. 227. Funds made available for Overseas Contingency
Operations/Global War on Terrorism under the heading ``Coast
Guard--Operations and Support'' may be allocated by program,
project, and activity, notwithstanding section 503 of this Act.
Sec. 228. None of the funds in this Act shall be used to
reduce the Coast Guard's Operations Systems Center mission or
its government-employed or contract staff levels.
Sec. 229. None of the funds appropriated by this Act may be
used to conduct, or to implement the results of, a competition
under Office of Management and Budget Circular A-76 for
activities performed with respect to the Coast Guard National
Vessel Documentation Center.
Sec. 230. Funds made available in this Act may be used to
alter operations within the Civil Engineering Program of the
Coast Guard nationwide, including civil engineering units,
facilities design and construction centers, maintenance and
logistics commands, and the Coast Guard Academy, except that
none of the funds provided in this Act may be used to reduce
operations within any civil engineering unit unless
specifically authorized by a statute enacted after the date of
enactment of this Act.
Sec. 231. (a) Any discretionary amounts appropriated in this
Act in the current fiscal year and any fiscal year thereafter
may be obligated for death gratuity payments, as authorized in
subchapter II of chapter 75 of title 10, United States Code.
(b) Subsection (a) shall only apply if an appropriation for
``Coast Guard--Operations and Support'' is unavailable for
obligation for such payments.
(c) Such obligations shall subsequently be recorded against
appropriations that become available for ``Coast Guard--
Operations and Support''.
Sec. 232. Beginning in fiscal year 2021 and for each fiscal
year thereafter, amounts credited to the Coast Guard Housing
Fund pursuant to paragraphs (3) through (5) of subsection (b)
of section 2946 of title 14, United States Code, shall be
classified as discretionary offsetting receipts.
Sec. 233. The United States Secret Service is authorized to
obligate funds in anticipation of reimbursements from executive
agencies, as defined in section 105 of title 5, United States
Code, for personnel receiving training sponsored by the James
J. Rowley Training Center, except that total obligations at the
end of the fiscal year shall not exceed total budgetary
resources available under the heading ``United States Secret
Service--Operations and Support'' at the end of the fiscal
year.
Sec. 234. None of the funds made available to the United
States Secret Service by this Act or by previous appropriations
Acts may be made available for the protection of the head of a
Federal agency other than the Secretary of Homeland Security:
Provided, That the Director of the United States Secret Service
may enter into agreements to provide such protection on a fully
reimbursable basis.
Sec. 235. For purposes of section 503(a)(3) of this Act, up
to $15,000,000 may be reprogrammed within ``United States
Secret Service--Operations and Support''.
Sec. 236. Funding made available in this Act for ``United
States Secret Service--Operations and Support'' is available
for travel of United States Secret Service employees on
protective missions without regard to the limitations on such
expenditures in this or any other Act if the Director of the
United States Secret Service or a designee notifies the
Committees on Appropriations of the Senate and the House of
Representatives 10 or more days in advance, or as early as
practicable, prior to such expenditures.
TITLE III
PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
Cybersecurity and Infrastructure Security Agency
operations and support
For necessary expenses of the Cybersecurity and
Infrastructure Security Agency for operations and support,
$1,566,229,000, of which $31,793,000 shall remain available
until September 30, 2021: Provided, That not to exceed $3,825
shall be for official reception and representation expenses.
procurement, construction, and improvements
For necessary expenses of the Cybersecurity and
Infrastructure Security Agency for procurement, construction,
and improvements, $434,962,000, to remain available until
September 30, 2022.
research and development
For necessary expenses of the Cybersecurity and
Infrastructure Security Agency for research and development,
$14,431,000, to remain available until September 30, 2021.
Federal Emergency Management Agency
operations and support
For necessary expenses of the Federal Emergency Management
Agency for operations and support, $1,102,199,000: Provided,
That not to exceed $2,250 shall be for official reception and
representation expenses.
procurement, construction, and improvements
For necessary expenses of the Federal Emergency Management
Agency for procurement, construction, and improvements,
$133,363,000, of which $74,167,000 shall remain available until
September 30, 2022, and of which $59,196,000 shall remain
available until September 30, 2024.
federal assistance
(including transfer of funds)
For activities of the Federal Emergency Management Agency for
Federal assistance through grants, contracts, cooperative
agreements, and other activities, $3,178,467,000, which shall
be allocated as follows:
(1) $560,000,000 for the State Homeland Security
Grant Program under section 2004 of the Homeland
Security Act of 2002 (6 U.S.C. 605), of which
$90,000,000 shall be for Operation Stonegarden,
$15,000,000 shall be for Tribal Homeland Security
Grants under section 2005 of the Homeland Security Act
of 2002 (6 U.S.C. 606), and $40,000,000 shall be for
organizations (as described under section 501(c)(3) of
the Internal Revenue Code of 1986 and exempt from tax
under section 501(a) of such code) determined by the
Secretary of Homeland Security to be at high risk of a
terrorist attack: Provided, That notwithstanding
subsection (c)(4) of such section 2004, for fiscal year
2020, the Commonwealth of Puerto Rico shall make
available to local and tribal governments amounts
provided to the Commonwealth of Puerto Rico under this
paragraph in accordance with subsection (c)(1) of such
section 2004.
(2) $665,000,000 for the Urban Area Security
Initiative under section 2003 of the Homeland Security
Act of 2002 (6 U.S.C. 604), of which $50,000,000 shall
be for organizations (as described under section
501(c)(3) of the Internal Revenue Code of 1986 and
exempt from tax under section 501(a) of such code)
determined by the Secretary of Homeland Security to be
at high risk of a terrorist attack.
(3) $100,000,000 for Public Transportation Security
Assistance, Railroad Security Assistance, and Over-the-
Road Bus Security Assistance under sections 1406, 1513,
and 1532 of the Implementing Recommendations of the 9/
11 Commission Act of 2007 (6 U.S.C. 1135, 1163, and
1182), of which $10,000,000 shall be for Amtrak
security and $2,000,000 shall be for Over-the-Road Bus
Security: Provided, That such public transportation
security assistance shall be provided directly to
public transportation agencies.
(4) $100,000,000 for Port Security Grants in
accordance with section 70107 of title 46, United
States Code.
(5) $710,000,000, to remain available until September
30, 2021, of which $355,000,000 shall be for Assistance
to Firefighter Grants and $355,000,000 shall be for
Staffing for Adequate Fire and Emergency Response
Grants under sections 33 and 34 respectively of the
Federal Fire Prevention and Control Act of 1974 (15
U.S.C. 2229 and 2229a).
(6) $355,000,000 for emergency management performance
grants under the National Flood Insurance Act of 1968
(42 U.S.C. 4001 et seq.), the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5121), the Earthquake Hazards Reduction Act of 1977 (42
U.S.C. 7701), section 762 of title 6, United States
Code, and Reorganization Plan No. 3 of 1978 (5 U.S.C.
App.).
(7) $263,000,000 for necessary expenses for Flood
Hazard Mapping and Risk Analysis, in addition to and to
supplement any other sums appropriated under the
National Flood Insurance Fund, and such additional sums
as may be provided by States or other political
subdivisions for cost-shared mapping activities under
section 1360(f)(2) of the National Flood Insurance Act
of 1968 (42 U.S.C. 4101(f)(2)), to remain available
until expended.
(8) $10,000,000 for Regional Catastrophic
Preparedness Grants.
(9) $10,000,000 for Rehabilitation of High Hazard
Potential Dams under section 8A of the National Dam
Safety Program Act (33 U.S.C. 467f-2).
(10) $125,000,000 for the emergency food and shelter
program under title III of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11331), to remain available
until expended: Provided, That not to exceed 3.5
percent shall be for total administrative costs.
(11) $280,467,000 to sustain current operations for
training, exercises, technical assistance, and other
programs.
disaster relief fund
For necessary expenses in carrying out the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et
seq.), $17,863,259,000, to remain available until expended:
Provided, That of the amount provided under this heading,
$17,352,112,000 shall be for major disasters declared pursuant
to the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.) and is designated by
the Congress as being for disaster relief pursuant to section
251(b)(2)(D) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
national flood insurance fund
For activities under the National Flood Insurance Act of 1968
(42 U.S.C. 4001 et seq.), the Flood Disaster Protection Act of
1973 (42 U.S.C. 4001 et seq.), the Biggert-Waters Flood
Insurance Reform Act of 2012 (Public Law 112-141, 126 Stat.
916), and the Homeowner Flood Insurance Affordability Act of
2014 (Public Law 113-89; 128 Stat. 1020), $206,782,000, to
remain available until September 30, 2021, which shall be
derived from offsetting amounts collected under section 1308(d)
of the National Flood Insurance Act of 1968 (42 U.S.C.
4015(d)); of which $14,005,000 shall be available for mission
support associated with flood management; and of which
$192,777,000 shall be available for flood plain management and
flood mapping: Provided, That any additional fees collected
pursuant to section 1308(d) of the National Flood Insurance Act
of 1968 (42 U.S.C. 4015(d)) shall be credited as offsetting
collections to this account, to be available for flood plain
management and flood mapping: Provided further, That in fiscal
year 2020, no funds shall be available from the National Flood
Insurance Fund under section 1310 of the National Flood
Insurance Act of 1968 (42 U.S.C. 4017) in excess of--
(1) $192,439,000 for operating expenses and salaries
and expenses associated with flood insurance
operations;
(2) $1,151,000,000 for commissions and taxes of
agents;
(3) such sums as are necessary for interest on
Treasury borrowings; and
(4) $175,000,000, which shall remain available until
expended, for flood mitigation actions and for flood
mitigation assistance under section 1366 of the
National Flood Insurance Act of 1968 (42 U.S.C. 4104c),
notwithstanding sections 1366(e) and 1310(a)(7) of such
Act (42 U.S.C. 4104c(e), 4017):
Provided further, That the amounts collected under section
102 of the Flood Disaster Protection Act of 1973 (42 U.S.C.
4012a) and section 1366(e) of the National Flood Insurance Act
of 1968 (42 U.S.C. 4104c(e)), shall be deposited in the
National Flood Insurance Fund to supplement other amounts
specified as available for section 1366 of the National Flood
Insurance Act of 1968, notwithstanding section 102(f)(8),
section 1366(e) of the National Flood Insurance Act of 1968,
and paragraphs (1) through (3) of section 1367(b) of such Act
(42 U.S.C. 4012a(f)(8), 4104c(e), 4104d(b)(1)-(3)): Provided
further, That total administrative costs shall not exceed 4
percent of the total appropriation: Provided further, That up
to $5,000,000 is available to carry out section 24 of the
Homeowner Flood Insurance Affordability Act of 2014 (42 U.S.C.
4033).
Administrative Provisions
Sec. 301. Notwithstanding section 2008(a)(12) of the
Homeland Security Act of 2002 (6 U.S.C. 609(a)(12)) or any
other provision of law, not more than 5 percent of the amount
of a grant made available in paragraphs (1) through (4) under
``Federal Emergency Management Agency--Federal Assistance'',
may be used by the grantee for expenses directly related to
administration of the grant.
Sec. 302. Applications for grants under the heading
``Federal Emergency Management Agency--Federal Assistance'',
for paragraphs (1) through (4), shall be made available to
eligible applicants not later than 60 days after the date of
enactment of this Act, eligible applicants shall submit
applications not later than 80 days after the grant
announcement, and the Administrator of the Federal Emergency
Management Agency shall act within 65 days after the receipt of
an application.
Sec. 303. Under the heading ``Federal Emergency Management
Agency--Federal Assistance'', for grants under paragraphs (1)
through (4), (8), and (9), the Administrator of the Federal
Emergency Management Agency shall brief the Committees on
Appropriations of the Senate and the House of Representatives 5
full business days in advance of announcing publicly the
intention of making an award.
Sec. 304. Under the heading ``Federal Emergency Management
Agency--Federal Assistance'', for grants under paragraphs (1)
and (2), the installation of communications towers is not
considered construction of a building or other physical
facility.
Sec. 305. The reporting requirements in paragraphs (1) and
(2) under the heading ``Federal Emergency Management Agency--
Disaster Relief Fund'' in the Department of Homeland Security
Appropriations Act, 2015 (Public Law 114-4) shall be applied in
fiscal year 2020 with respect to budget year 2021 and current
fiscal year 2020, respectively--
(1) in paragraph (1) by substituting ``fiscal year
2021'' for ``fiscal year 2016''; and
(2) in paragraph (2) by inserting ``business'' after
``fifth''.
Sec. 306. (a) In making grants under the heading ``Federal
Emergency Management Agency--Federal Assistance'', for Staffing
for Adequate Fire and Emergency Response grants, the Secretary
may grant waivers from the requirements in subsections
(a)(1)(A), (a)(1)(B), (a)(1)(E), (c)(1), (c)(2), and (c)(4) of
section 34 of the Federal Fire Prevention and Control Act of
1974 (15 U.S.C. 2229a).
(b) For grants made under the heading ``Federal Emergency
Management Agency--Firefighter Assistance Grants'' in division
F of Public Law 114-113, the Secretary may extend the period of
performance described in subsection (a)(1)(B) of such section
34 for up to one additional year.
(c) For purposes of subsection (b)--
(1) subsections (a)(1)(E)(iii) and (c)(4)(C) of such
section 34 shall also apply to such additional year of
such period of performance; and
(2) the authority provided shall only apply to any
such grant award that remains open on the date of
enactment of this Act.
Sec. 307. The aggregate charges assessed during fiscal year
2020, as authorized in title III of the Departments of Veterans
Affairs and Housing and Urban Development, and Independent
Agencies Appropriations Act, 1999 (42 U.S.C. 5196e), shall not
be less than 100 percent of the amounts anticipated by the
Department of Homeland Security to be necessary for its
Radiological Emergency Preparedness Program for the next fiscal
year: Provided, That the methodology for assessment and
collection of fees shall be fair and equitable and shall
reflect costs of providing such services, including
administrative costs of collecting such fees: Provided
further, That such fees shall be deposited in a Radiological
Emergency Preparedness Program account as offsetting
collections and will become available for authorized purposes
on October 1, 2020, and remain available until expended.
TITLE IV
RESEARCH, DEVELOPMENT, TRAINING, AND SERVICES
U.S. Citizenship and Immigration Services
operations and support
For necessary expenses of U.S. Citizenship and Immigration
Services for operations and support of the E-Verify Program,
$122,395,000.
federal assistance
For necessary expenses of U.S. Citizenship and Immigration
Services for Federal assistance for the Citizenship and
Integration Grant Program, $10,000,000.
Federal Law Enforcement Training Centers
operations and support
For necessary expenses of the Federal Law Enforcement
Training Centers for operations and support, including the
purchase of not to exceed 117 vehicles for police-type use and
hire of passenger motor vehicles, and services as authorized by
section 3109 of title 5, United States Code, $292,997,000, of
which $54,283,000 shall remain available until September 30,
2021: Provided, That not to exceed $7,180 shall be for
official reception and representation expenses.
procurement, construction, and improvements
For necessary expenses of the Federal Law Enforcement
Training Centers for procurement, construction, and
improvements, $58,173,000, to remain available until September
30, 2024.
Science and Technology Directorate
operations and support
For necessary expenses of the Science and Technology
Directorate for operations and support, including the purchase
or lease of not to exceed 5 vehicles, $314,864,000, of which
$171,232,000 shall remain available until September 30, 2021:
Provided, That not to exceed $10,000 shall be for official
reception and representation expenses.
research and development
For necessary expenses of the Science and Technology
Directorate for research and development, $422,411,000, to
remain available until September 30, 2022.
Countering Weapons of Mass Destruction Office
operations and support
For necessary expenses of the Countering Weapons of Mass
Destruction Office for operations and support, $179,467,000:
Provided, That not to exceed $2,250 shall be for official
reception and representation expenses.
procurement, construction, and improvements
For necessary expenses of the Countering Weapons of Mass
Destruction Office for procurement, construction, and
improvements, $118,988,000, to remain available until September
30, 2022.
research and development
For necessary expenses of the Countering Weapons of Mass
Destruction Office for research and development, $69,181,000,
to remain available until September 30, 2022.
federal assistance
For necessary expenses of the Countering Weapons of Mass
Destruction Office for Federal assistance through grants,
contracts, cooperative agreements, and other activities,
$64,663,000, to remain available until September 30, 2022.
Administrative Provisions
Sec. 401. Notwithstanding any other provision of law, funds
otherwise made available to U.S. Citizenship and Immigration
Services may be used to acquire, operate, equip, and dispose of
up to 5 vehicles, for replacement only, for areas where the
Administrator of General Services does not provide vehicles for
lease: Provided, That the Director of U.S. Citizenship and
Immigration Services may authorize employees who are assigned
to those areas to use such vehicles to travel between the
employees' residences and places of employment.
Sec. 402. None of the funds appropriated by this Act may be
used to process or approve a competition under Office of
Management and Budget Circular A-76 for services provided by
employees (including employees serving on a temporary or term
basis) of U.S. Citizenship and Immigration Services of the
Department of Homeland Security who are known as Immigration
Information Officers, Immigration Service Analysts, Contact
Representatives, Investigative Assistants, or Immigration
Services Officers.
Sec. 403. (a) Not later than 30 days after the date of
enactment of this Act and updated semimonthly thereafter, the
Director of U.S. Citizenship and Immigration Services shall
make available, on a publicly accessible website in a
downloadable, searchable, and sortable format, a report
containing not less than the previous twelve months of
semimonthly data on--
(1) the number of aliens determined to have a
credible or reasonable fear of--
(A) persecution, as defined in section
235(b)(1)(B)(v) of the Immigration and
Nationality Act; or
(B) torture, as defined in section 208.30 of
title 8, Code of Federal Regulations (as in
effect on January 1, 2018);
(2) the total number of cases received by U.S.
Citizenship and Immigration Services to adjudicate
credible or reasonable fear claims, as described in
paragraph (1), and the total number of cases closed.
(b) Such report shall also disaggregate the data described in
subsection (a) with respect to the following subsets--
(1) claims submitted by aliens detained at a U.S.
Immigration and Customs Enforcement family residential
center;
(2) claims submitted by aliens organized by each
subdivision of legal or administrative authority under
which claims are reviewed; and
(3) the job series of the personnel reviewing the
claims.
Sec. 404. The Director of the Federal Law Enforcement
Training Centers is authorized to distribute funds to Federal
law enforcement agencies for expenses incurred participating in
training accreditation.
Sec. 405. The Federal Law Enforcement Training Accreditation
Board, including representatives from the Federal law
enforcement community and non-Federal accreditation experts
involved in law enforcement training, shall lead the Federal
law enforcement training accreditation process to continue the
implementation of measuring and assessing the quality and
effectiveness of Federal law enforcement training programs,
facilities, and instructors.
Sec. 406. The Director of the Federal Law Enforcement
Training Centers may accept transfers to the account
established by section 407(a) of division F of the Consolidated
Appropriations Act, 2018 (Public Law 115-141) from Government
agencies requesting the construction of special use facilities,
as authorized by the Economy Act (31 U.S.C. 1535(b)):
Provided, That the Federal Law Enforcement Training Centers
maintain administrative control and ownership upon completion
of such facilities.
Sec. 407. The functions of the Federal Law Enforcement
Training Centers instructor staff shall be classified as
inherently governmental for purposes of the Federal Activities
Inventory Reform Act of 1998 (31 U.S.C. 501 note).
TITLE V
GENERAL PROVISIONS
(including rescissions of funds)
Sec. 501. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal
year unless expressly so provided herein.
Sec. 502. Subject to the requirements of section 503 of this
Act, the unexpended balances of prior appropriations provided
for activities in this Act may be transferred to appropriation
accounts for such activities established pursuant to this Act,
may be merged with funds in the applicable established
accounts, and thereafter may be accounted for as one fund for
the same time period as originally enacted.
Sec. 503. (a) None of the funds provided by this Act,
provided by previous appropriations Acts to the components in
or transferred to the Department of Homeland Security that
remain available for obligation or expenditure in fiscal year
2020, or provided from any accounts in the Treasury of the
United States derived by the collection of fees available to
the components funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds
that--
(1) creates or eliminates a program, project, or
activity, or increases funds for any program, project,
or activity for which funds have been denied or
restricted by the Congress;
(2) contracts out any function or activity presently
performed by Federal employees or any new function or
activity proposed to be performed by Federal employees
in the President's budget proposal for fiscal year 2020
for the Department of Homeland Security;
(3) augments funding for existing programs, projects,
or activities in excess of $5,000,000 or 10 percent,
whichever is less;
(4) reduces funding for any program, project, or
activity, or numbers of personnel, by 10 percent or
more; or
(5) results from any general savings from a reduction
in personnel that would result in a change in funding
levels for programs, projects, or activities as
approved by the Congress.
(b) Subsection (a) shall not apply if the Committees on
Appropriations of the Senate and the House of Representatives
are notified at least 15 days in advance of such reprogramming.
(c) Up to 5 percent of any appropriation made available for
the current fiscal year for the Department of Homeland Security
by this Act or provided by previous appropriations Acts may be
transferred between such appropriations if the Committees on
Appropriations of the Senate and the House of Representatives
are notified at least 30 days in advance of such transfer, but
no such appropriation, except as otherwise specifically
provided, shall be increased by more than 10 percent by such
transfer.
(d) Notwithstanding subsections (a), (b), and (c), no funds
shall be reprogrammed within or transferred between
appropriations based upon an initial notification provided
after June 30, except in extraordinary circumstances that
imminently threaten the safety of human life or the protection
of property.
(e) The notification thresholds and procedures set forth in
subsections (a), (b), (c), and (d) shall apply to any use of
deobligated balances of funds provided in previous Department
of Homeland Security Appropriations Acts that remain available
for obligation in the current year.
(f) Notwithstanding subsection (c), the Secretary of Homeland
Security may transfer to the fund established by 8 U.S.C. 1101
note, up to $20,000,000 from appropriations available to the
Department of Homeland Security: Provided, That the Secretary
shall notify the Committees on Appropriations of the Senate and
the House of Representatives at least 5 days in advance of such
transfer.
Sec. 504. Section 504 of the Department of Homeland Security
Appropriations Act, 2017 (division F of Public Law 115-31),
related to the operations of a working capital fund, shall
apply with respect to funds made available in this Act in the
same manner as such section applied to funds made available in
that Act: Provided, That funds from such working capital fund
may be obligated and expended in anticipation of reimbursements
from components of the Department of Homeland Security.
Sec. 505. Except as otherwise specifically provided by law,
not to exceed 50 percent of unobligated balances remaining
available at the end of fiscal year 2020, as recorded in the
financial records at the time of a reprogramming notification,
but not later than June 30, 2021, from appropriations for
``Operations and Support'' for fiscal year 2020 in this Act
shall remain available through September 30, 2021, in the
account and for the purposes for which the appropriations were
provided: Provided, That prior to the obligation of such
funds, a notification shall be submitted to the Committees on
Appropriations of the Senate and the House of Representatives
in accordance with section 503 of this Act.
Sec. 506. Funds made available by this Act for intelligence
activities are deemed to be specifically authorized by the
Congress for purposes of section 504 of the National Security
Act of 1947 (50 U.S.C. 414) during fiscal year 2020 until the
enactment of an Act authorizing intelligence activities for
fiscal year 2020.
Sec. 507. (a) The Secretary of Homeland Security, or the
designee of the Secretary, shall notify the Committees on
Appropriations of the Senate and the House of Representatives
at least 3 full business days in advance of--
(1) making or awarding a grant allocation, grant,
contract, other transaction agreement, or task or
delivery order on a Department of Homeland Security
multiple award contract, or to issue a letter of intent
totaling in excess of $1,000,000;
(2) awarding a task or delivery order requiring an
obligation of funds in an amount greater than
$10,000,000 from multi-year Department of Homeland
Security funds;
(3) making a sole-source grant award; or
(4) announcing publicly the intention to make or
award items under paragraph (1), (2), or (3), including
a contract covered by the Federal Acquisition
Regulation.
(b) If the Secretary of Homeland Security determines that
compliance with this section would pose a substantial risk to
human life, health, or safety, an award may be made without
notification, and the Secretary shall notify the Committees on
Appropriations of the Senate and the House of Representatives
not later than 5 full business days after such an award is made
or letter issued.
(c) A notification under this section--
(1) may not involve funds that are not available for
obligation; and
(2) shall include the amount of the award; the fiscal
year for which the funds for the award were
appropriated; the type of contract; and the account
from which the funds are being drawn.
Sec. 508. Notwithstanding any other provision of law, no
agency shall purchase, construct, or lease any additional
facilities, except within or contiguous to existing locations,
to be used for the purpose of conducting Federal law
enforcement training without advance notification to the
Committees on Appropriations of the Senate and the House of
Representatives, except that the Federal Law Enforcement
Training Centers is authorized to obtain the temporary use of
additional facilities by lease, contract, or other agreement
for training that cannot be accommodated in existing Centers'
facilities.
Sec. 509. None of the funds appropriated or otherwise made
available by this Act may be used for expenses for any
construction, repair, alteration, or acquisition project for
which a prospectus otherwise required under chapter 33 of title
40, United States Code, has not been approved, except that
necessary funds may be expended for each project for required
expenses for the development of a proposed prospectus.
Sec. 510. Sections 520, 522, and 530 of the Department of
Homeland Security Appropriations Act, 2008 (division E of
Public Law 110-161; 121 Stat. 2073 and 2074) shall apply with
respect to funds made available in this Act in the same manner
as such sections applied to funds made available in that Act.
Sec. 511. None of the funds made available in this Act may
be used in contravention of the applicable provisions of the
Buy American Act: Provided, That for purposes of the preceding
sentence, the term ``Buy American Act'' means chapter 83 of
title 41, United States Code.
Sec. 512. None of the funds made available in this Act may
be used to amend the oath of allegiance required by section 337
of the Immigration and Nationality Act (8 U.S.C. 1448).
Sec. 513. None of the funds provided or otherwise made
available in this Act shall be available to carry out section
872 of the Homeland Security Act of 2002 (6 U.S.C. 452) unless
explicitly authorized by the Congress.
Sec. 514. None of the funds made available in this Act may
be used for planning, testing, piloting, or developing a
national identification card.
Sec. 515. Any official that is required by this Act to
report or to certify to the Committees on Appropriations of the
Senate and the House of Representatives may not delegate such
authority to perform that act unless specifically authorized
herein.
Sec. 516. None of the funds appropriated or otherwise made
available in this or any other Act may be used to transfer,
release, or assist in the transfer or release to or within the
United States, its territories, or possessions Khalid Sheikh
Mohammed or any other detainee who--
(1) is not a United States citizen or a member of the
Armed Forces of the United States; and
(2) is or was held on or after June 24, 2009, at the
United States Naval Station, Guantanamo Bay, Cuba, by
the Department of Defense.
Sec. 517. None of the funds made available in this Act may
be used for first-class travel by the employees of agencies
funded by this Act in contravention of sections 301-10.122
through 301-10.124 of title 41, Code of Federal Regulations.
Sec. 518. None of the funds made available in this Act may
be used to employ workers described in section 274A(h)(3) of
the Immigration and Nationality Act (8 U.S.C. 1324a(h)(3)).
Sec. 519. Notwithstanding any other provision of this Act,
none of the funds appropriated or otherwise made available by
this Act may be used to pay award or incentive fees for
contractor performance that has been judged to be below
satisfactory performance or performance that does not meet the
basic requirements of a contract.
Sec. 520. None of the funds appropriated or otherwise made
available by this Act may be used by the Department of Homeland
Security to enter into any Federal contract unless such
contract is entered into in accordance with the requirements of
subtitle I of title 41, United States Code, or chapter 137 of
title 10, United States Code, and the Federal Acquisition
Regulation, unless such contract is otherwise authorized by
statute to be entered into without regard to the above
referenced statutes.
Sec. 521. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network unless
such network blocks the viewing, downloading, and exchanging of
pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law
enforcement agency or any other entity carrying out criminal
investigations, prosecution, or adjudication activities.
Sec. 522. None of the funds made available in this Act may
be used by a Federal law enforcement officer to facilitate the
transfer of an operable firearm to an individual if the Federal
law enforcement officer knows or suspects that the individual
is an agent of a drug cartel unless law enforcement personnel
of the United States continuously monitor or control the
firearm at all times.
Sec. 523. None of the funds made available in this Act may
be used to pay for the travel to or attendance of more than 50
employees of a single component of the Department of Homeland
Security, who are stationed in the United States, at a single
international conference unless the Secretary of Homeland
Security, or a designee, determines that such attendance is in
the national interest and notifies the Committees on
Appropriations of the Senate and the House of Representatives
within at least 10 days of that determination and the basis for
that determination: Provided, That for purposes of this
section the term ``international conference'' shall mean a
conference occurring outside of the United States attended by
representatives of the United States Government and of foreign
governments, international organizations, or nongovernmental
organizations: Provided further, That the total cost to the
Department of Homeland Security of any such conference shall
not exceed $500,000.
Sec. 524. None of the funds made available in this Act may
be used to reimburse any Federal department or agency for its
participation in a National Special Security Event.
Sec. 525. None of the funds made available to the Department
of Homeland Security by this or any other Act may be obligated
for any structural pay reform that affects more than 100 full-
time positions or costs more than $5,000,000 in a single year
before the end of the 30-day period beginning on the date on
which the Secretary of Homeland Security submits to Congress a
notification that includes--
(1) the number of full-time positions affected by
such change;
(2) funding required for such change for the current
year and through the Future Years Homeland Security
Program;
(3) justification for such change; and
(4) an analysis of compensation alternatives to such
change that were considered by the Department.
Sec. 526. (a) Any agency receiving funds made available in
this Act shall, subject to subsections (b) and (c), post on the
public website of that agency any report required to be
submitted by the Committees on Appropriations of the Senate and
the House of Representatives in this Act, upon the
determination by the head of the agency that it shall serve the
national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises
homeland or national security; or
(2) the report contains proprietary information.
(c) The head of the agency posting such report shall do so
only after such report has been made available to the
Committees on Appropriations of the Senate and the House of
Representatives for not less than 45 days except as otherwise
specified in law.
Sec. 527. (a) Funding provided in this Act for ``Operations
and Support'' may be used for minor procurement, construction,
and improvements.
(b) For purposes of subsection (a), ``minor'' refers to end
items with a unit cost of $250,000 or less for personal
property, and $2,000,000 or less for real property.
Sec. 528. None of the funds made available by this Act may
be obligated or expended to implement the Arms Trade Treaty
until the Senate approves a resolution of ratification for the
Treaty.
Sec. 529. The authority provided by section 532 of the
Department of Homeland Security Appropriations Act, 2018
(Public Law 115-141) regarding primary and secondary schooling
of dependents shall continue in effect during fiscal year 2020.
Sec. 530. (a) For an additional amount for ``Federal
Emergency Management Agency--Federal Assistance'', $41,000,000,
to remain available until September 30, 2021, exclusively for
providing reimbursement of extraordinary law enforcement
personnel costs for protection activities directly and
demonstrably associated with any residence of the President
that is designated or identified to be secured by the United
States Secret Service.
(b) Subsections (b) through (f) of section 534 of the
Department of Homeland Security Appropriations Act, 2018
(Public Law 115-141), shall be applied with respect to amounts
made available by subsection (a) of this section by
substituting ``October 1, 2020'' for ``October 1, 2018'' and
``October 1, 2019'' for ``October 1, 2017''.
Sec. 531. (a) Section 831 of the Homeland Security Act of
2002 (6 U.S.C. 391) shall be applied--
(1) In subsection (a), by substituting ``September
30, 2020,'' for ``September 30, 2017,''; and
(2) In subsection (c)(1), by substituting ``September
30, 2020,'' for ``September 30, 2017''.
(b) The Secretary of Homeland Security, under the authority
of section 831 of the Homeland Security Act of 2002 (6 U.S.C.
391(a)), may carry out prototype projects under section 2371b
of title 10, United States Code, and the Secretary shall
perform the functions of the Secretary of Defense as
prescribed.
(c) The Secretary of Homeland Security under section 831 of
the Homeland Security Act of 2002 (6 U.S.C. 391(d)) may use the
definition of nontraditional government contractor as defined
in section 2371b(e) of title 10, United States Code.
Sec. 532. (a) None of the funds appropriated or otherwise
made available to the Department of Homeland Security by this
Act may be used to prevent any of the following persons from
entering, for the purpose of conducting oversight, any facility
operated by or for the Department of Homeland Security used to
detain or otherwise house aliens, or to make any temporary
modification at any such facility that in any way alters what
is observed by a visiting member of Congress or such designated
employee, compared to what would be observed in the absence of
such modification:
(1) A Member of Congress.
(2) An employee of the United States House of Representatives
or the United States Senate designated by such a Member for the
purposes of this section.
(b) Nothing in this section may be construed to require a
Member of Congress to provide prior notice of the intent to
enter a facility described in subsection (a) for the purpose of
conducting oversight.
(c) With respect to individuals described in subsection
(a)(2), the Department of Homeland Security may require that a
request be made at least 24 hours in advance of an intent to
enter a facility described in subsection (a).
Sec. 533. (a) Except as provided in subsection (b), none of
the funds made available in this Act may be used to place
restraints on a woman in the custody of the Department of
Homeland Security (including during transport, in a detention
facility, or at an outside medical facility) who is pregnant or
in post-delivery recuperation.
(b) Subsection (a) shall not apply with respect to a pregnant
woman if--
(1) an appropriate official of the Department of
Homeland Security makes an individualized determination
that the woman--
(A) is a serious flight risk, and such risk
cannot be prevented by other means; or
(B) poses an immediate and serious threat to
harm herself or others that cannot be prevented
by other means; or
(2) a medical professional responsible for the care
of the pregnant woman determines that the use of
therapeutic restraints is appropriate for the medical
safety of the woman.
(c) If a pregnant woman is restrained pursuant to subsection
(b), only the safest and least restrictive restraints, as
determined by the appropriate medical professional treating the
woman, may be used. In no case may restraints be used on a
woman who is in active labor or delivery, and in no case may a
pregnant woman be restrained in a face-down position with four-
point restraints, on her back, or in a restraint belt that
constricts the area of the pregnancy. A pregnant woman who is
immobilized by restraints shall be positioned, to the maximum
extent feasible, on her left side.
Sec. 534. None of the funds made available by this Act to
the Department of Homeland Security may be used to destroy any
document, recording, or other record pertaining to any
potential sexual assault or abuse perpetrated against any
individual held in the custody of the Department of Homeland
Security.
Sec. 535. Section 519 of division F of Public Law 114-113,
regarding a prohibition on funding for any position designated
as a Principal Federal Official, shall apply with respect to
funds made available in this Act in the same manner as such
section applied to funds made available in that Act.
Sec. 536. Within 60 days of any budget submission for the
Department of Homeland Security for fiscal year 2021 that
assumes revenues or proposes a reduction from the previous year
based on user fees proposals that have not been enacted into
law prior to the submission of the budget, the Secretary of
Homeland Security shall provide the Committees on
Appropriations of the Senate and the House of Representatives
specific reductions in proposed discretionary budget authority
commensurate with the revenues assumed in such proposals in the
event that they are not enacted prior to October 1, 2020.
(rescissions)
Sec. 537. (a) Of the unobligated balances of funds made
available under the heading ``U.S. Customs and Border
Protection--Operations and Support'' in Title III of the
Emergency Supplemental Appropriations for Humanitarian
Assistance and Security at the Southern Border Act, 2019
(Public Law 116-26), $233,000,000 are hereby rescinded.
(b) The amounts rescinded pursuant to subsection (a) that
were previously designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced
Budget and Emergency Deficit Control Act of 1985 are designated
by the Congress as an emergency requirement pursuant to that
section of that Act.
Sec. 538. Of the funds appropriated to the Department of
Homeland Security, the following funds are hereby rescinded
from the following accounts and programs in the specified
amounts: Provided, That no amounts may be rescinded from
amounts that were designated by the Congress as an emergency
requirement pursuant to a concurrent resolution on the budget
or the Balanced Budget and Emergency Deficit Control Act of
1985 (Public Law 99-177):
(1) $91,000,000 from Public Law 116-6 under the
heading ``Customs and Border Protection--Operations and
Support''.
(2) $38,000,000 from Public Law 116-6 under the
heading `` `Customs and Border Protection--Procurement,
Construction and Improvements''.
(3) $20,000,000 from Public Law 115-141 under the
heading ``Customs and Border Protection--Procurement,
Construction, and Improvements''.
(4) $5,000,000 from Public Law 115-141 under the
heading ``Coast Guard--Research, Development, Test, and
Evaluation''.
(5) $42,379,000 from Public Law 116-6 under the
heading ``Transportation Security Administration--
Operations and Support''.
(6) $5,764,000 from Public Law 116-6 under the
heading ``Transportation Security Administration--
Procurement, Construction and Improvements''.
Sec. 539. The following unobligated balances made available
to the Department of Homeland Security pursuant to Section 505
of the Department of Homeland Security Appropriations Act, 2019
(Public Law 116-6) are rescinded:
(1) $153,000 from ``Office of the Secretary and
Executive Management--Operations and Support''
(2) $304,000 from ``Management Directorate--
Operations and Support'';
(3) $130,000 from ``Intelligence, Analysis, and
Operations Coordination--Operations and Support'';
(4) $3,600 from ``Office of Inspector General--
Operations and Support'';
(5) $269,000 from ``U.S. Customs and Border
Protection--Operations and Support'';
(6) $8,999,000 from ``U.S. Immigration and Customs
Enforcement--Operations and Support'';
(7) $69,000 from ``Coast Guard--Operations and
Support'';
(8) $695,000 from ``United States Secret Service--
Operations and Support'';
(9) $3,915,000 from ``Cybersecurity and
Infrastructure Security Agency--Operations and
Support'';
(10) $1,815,000 from ``U.S. Citizenship and
Immigration Services--Operations and Support'';
(11) $313,000 from ``Federal Law Enforcement Training
Centers--Operations and Support'';
(12) $273,000 from ``Science and Technology
Directorate--Operations and Support'';
(13) $1,596,000 from ``Countering Weapons of Mass
Destruction Office--Operations and Support''.
Sec. 540. Of the unobligated balances made available to
``Federal Emergency Management Agency--Disaster Relief Fund'',
$300,000,000 shall be rescinded: Provided, That no amounts may
be rescinded from amounts that were designated by the Congress
as an emergency requirement pursuant to a concurrent resolution
on the budget or the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended: Provided further, That no
amounts may be rescinded from the amounts that were designated
by the Congress as being for disaster relief pursuant to
section 251(b)(2)(D) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
This division may be cited as the ``Department of Homeland
Security Appropriations Act, 2020''.
[Clerk's note.--Reproduced below is the material relating
to division D contained in the Explanatory Statement regarding
H.R. 1158, the Consolidated Appropriations Act, 2020.\1\]
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\1\ This Explanatory Statement was submitted for printing in the
Congressional Record on
December 17, 2019 by Mrs. Lowey of New York, Chairwoman of the House
Committee on Appropriations. The Statement appears on page H11015 of
Book II.
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DIVISION D--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2020
The following is an explanation of Division D, which makes
appropriations for the Department of Homeland Security (DHS)
for fiscal year 2020. Funding provided in this agreement not
only sustains existing programs that protect the nation from
all manner of threats, it ensures DHS's ability to improve
preparedness at the federal, state, local, tribal, and
territorial levels; prevent and respond to terrorist attacks;
and hire, train, and equip DHS frontline forces protecting the
homeland.
Unless otherwise noted, references to the House and Senate
reports are to House Report 116-180 and Senate Report 116-125,
respectively. The language and allocations contained in the
House and Senate reports carry the same weight as the language
included in this explanatory statement unless specifically
addressed to the contrary in the bill or this explanatory
statement. While this explanatory statement repeats some
language from the House or Senate reports for emphasis, it does
not negate the language contained in those reports unless
expressly stated. When this explanatory statement refers to the
Committees or the Committees on Appropriations, these
references are to the House Appropriations Subcommittee on
Homeland Security and the Senate Appropriations Subcommittee on
Homeland Security.
This explanatory statement refers to certain laws,
organizations, persons, funds, and documents as follows: the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act, Public Law 93-288, is referenced as the Stafford Act; the
Department of Homeland Security is referenced as DHS or the
Department; the Government Accountability Office is referenced
as GAO; and the Office of Inspector General of the Department
of Homeland Security is referenced as OIG. In addition, ``full-
time equivalents'' are referred to as FTE; ``full-time
positions'' are referred to as FTP; ``Information Technology''
is referred to as IT; the DHS ``Working Capital Fund'' is
referred to as WCF; ``program, project, and activity'' is
referred to as PPA; any reference to ``the Secretary'' should
be interpreted to mean the Secretary of Homeland Security;
``component'' should be interpreted to mean an agency,
administration, or directorate within DHS; any reference to
SLTT should be interpreted to mean State, Local, Tribal, and
territorial; and ``budget request'' or ``the request'' should
be interpreted to mean the budget of the U.S. Government for
fiscal year 2020 that was submitted to Congress on March 11,
2019.
TITLE I--DEPARTMENTAL MANAGEMENT, OPERATIONS, INTELLIGENCE, AND
OVERSIGHT
Office of the Secretary and Executive Management
OPERATIONS AND SUPPORT
The agreement includes an increase for Operations and
Support of $27,498,000 above the budget request, including
increases of: $2,900,000 for the Office for Civil Rights and
Civil Liberties for the Compliance Branch; $7,500,000 for the
Office of Strategy Policy and Plans for a community awareness
and training program and activities related to targeted
violence and terrorism prevention grants funded through Federal
Assistance; $10,000,000 for the establishment of a new Office
of Immigration Detention Ombudsman; and $7,548,000 to sustain
fiscal year 2019 operational levels, including adjusted
personnel costs and the Immigration Data Integration
Initiative.
Chief Medical Officer (CMO).--As the primary DHS medical
authority, the CMO has oversight responsibility for the
Department's medical and public health policies and operations.
As such, DHS is directed to ensure that the CMO reviews all
contracts that broadly impact how the Department delivers
healthcare to individuals in its custody and to departmental
personnel. In coordination with operational components, the CMO
shall develop departmental requirements for medical services,
to include professional healthcare system administration;
disease surveillance, reporting, and outbreak response; and
measurable performance standards for current and future
healthcare record systems. The CMO, in conjunction with
operational component leadership as appropriate, is directed to
brief the Committees within 90 days of the date of enactment of
this Act on these efforts.
Medical Strategy.--In fiscal year 2019, nearly 1,000,000
migrants were apprehended by U.S. Customs and Border
Protection, resulting in an unprecedented medical screening and
healthcare crisis. As the Department responded, it became clear
that a more cohesive strategy was necessary to address emergent
medical conditions of detainees, as well as the health of its
own workforce. Based on lessons learned from this experience,
the Secretary shall develop a DHS-wide medical response
strategy for emergent circumstances, including surges in
migration, National Special Security Events, Special Event
Assessment Rating events, and Stafford Act-declared disasters.
The strategy should also clarify the roles and responsibilities
of DHS medical personnel; the need for any new legal
authorizations; and any reorganization requirements, as
appropriate.
Office of Immigration Detention Ombudsman.--The agreement
establishes an Immigration Detention Ombudsman position and
provides $10,000,000 for an Office of Immigration Detention
Ombudsman, as described in the House Report. The bill withholds
$500,000 from the Office of the Secretary for Executive
Management (OSEM) until the Secretary approves the Ombudsman.
Office of Strategy, Policy, and Plans.--The agreement
includes a realignment of $2,800,000 from the Office of
Partnership and Engagement for the new Office of Terrorism
Prevention Partnerships (OTPP). OTPP is directed to brief the
Committees within 30 days of the date of enactment of this Act
on its programs and activities, including its plans for
carrying out local community awareness and training, and for
the use of funding provided under Management Directorate--
Federal Assistance for targeted violence and terrorism
prevention grants.
Public Complaint and Feedback System Working Group.--The
Department has not fulfilled a requirement in House Report 116-
9 to provide semi-annual updates to the Committees on the
Public Complaint and Feedback System Working Group. The
Department is directed to begin providing such updates not
later than 60 days after the date of enactment of this Act. The
bill withholds $500,000 from OSEM until the Department provides
the first such update, which must address the requirements
detailed in House Report 114-668.
FEDERAL ASSISTANCE
(INCLUDING TRANSFER OF FUNDS)
The agreement provides $10,000,000 for targeted violence
and terrorism prevention grants, to be transferred to the
Federal Emergency Management Agency for purposes of
administration.
Management Directorate
OPERATIONS AND SUPPORT
The agreement includes an increase for Operations and
Support of $6,152,000 above the budget request to sustain
fiscal year 2019 operational levels, including personnel cost
adjustments.
The Department is directed to refrain from initiating new
PPAs for which funds have not been provided in an
appropriations act, either explicitly or based on a funding
request, if such PPAs would have significant resource
requirements beyond the budget year. When emergent
circumstances otherwise require the initiation of significant
PPAs, the Department is directed to provide advance
notification to the Committees, along with a detailed
justification for why they are required.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
The agreement provides the requested appropriation for the
proposed activities under Procurement, Construction, and
Improvements.
Intelligence, Analysis, and Operations Coordination
OPERATIONS AND SUPPORT
The agreement provides an increase of $7,500,000 above the
budget request for election security. A total of $68,579,000 is
available until September 30, 2021.
Office of Inspector General
OPERATIONS AND SUPPORT
The agreement includes an increase for Operations and
Support of $20,000,000 above the budget request for increased
monitoring and oversight of border security and immigration
enforcement activities.
TITLE I--ADMINISTRATIVE PROVISIONS
Section 101. The agreement continues a provision requiring
the Inspector General to review grants and contracts awarded by
means other than full and open competition and report the
results to the Committees.
Section 102. The agreement continues a provision requiring
the Chief Financial Officer to submit monthly budget execution
and staffing reports within 30 days after the close of each
month.
Section 103. The agreement continues a provision directing
the Secretary to require contracts providing award fees to link
such fees to successful acquisition outcomes.
Section 104. The agreement continues a provision requiring
the Secretary, in conjunction with the Secretary of the
Treasury, to notify the Committees of any proposed transfers
from the Department of Treasury Forfeiture Fund to any agency
at DHS. No funds may be obligated prior to such notification.
Section 105. The agreement continues a provision related to
official travel costs of the Secretary and Deputy Secretary.
Section 106. The agreement includes a provision
establishing an Immigration Detention Ombudsman.
Section 107. The agreement continues a provision requiring
the Secretary to submit a report on visa overstay data and to
post border security metrics on the Department's website.
Title II--Security, Enforcement, and Investigations
U.S. Customs and Border Protection
OPERATIONS AND SUPPORT
The agreement provides $12,735,399,000 for Operations and
Support of U.S. Customs and Border Protection (CBP), which
includes $203,000,000 of prior year emergency funding and of
which $500,000,000 is available until September 30, 2021. This
emergency funding is fully offset by the rescission of unneeded
prior year balances of emergency funding. The bill includes
increases above the budget request, including the following:
$99,774,000 to sustain prior year initiatives and for personnel
cost adjustments; $13,000,000 for Border Patrol Processing
Coordinator positions; $56,656,000 for Office of Field
Operations staff; $19,651,000 for agriculture specialists;
$25,000,000 for innovative technology; $1,500,000 for
comprehensive testing of imported honey; $5,000,000 for tribal
roads; $2,000,000 for rescue beacons; $2,000,000 for enterprise
geospatial improvement services; $20,000,000 for port of entry
technology; $3,000,000 for trade enhancements; $2,000,000 for
NAFTA Centers; $5,000,000 to increase Air and Marine flight
hours, bringing the total to $15,000,000 and to include the use
of contracted pilots; and $21,000,000 for body worn cameras.
The agreement includes a reduction below the request of
$45,000,000 associated with administrative contract savings for
Enterprise Services, $82,218,000 for humanitarian care to be
offset with prior year emergency funding and provides no
funding for additional Border Patrol agents.
The account total reflects a rescission and re-
appropriation of prior year discretionary and emergency funds,
which shall be obligated for humanitarian care, to include
consumables and medical care, electronic health records, and to
address health, life and safety issues at existing Border
Patrol facilities, including construction and for improved
video recording capabilities.
The agreement includes technical budget realignments, as
requested by DHS.
Border Patrol Processing Coordinators.--The bill includes
$13,000,000 for Border Patrol processing coordinators. Prior to
the execution of funds, CBP shall brief the Committees on the
training requirements for these new positions, which should
include but not be limited to emergency medical and mental
health care; migrant legal rights; Trafficking Victims
Protection Reauthorization Act requirements; and how to
identify child abuse and neglect. The briefing should also
address the total cost of such training and identify the
location where training will occur.
Custody and Transfer Metrics.--The agreement requires data
reporting on migrants in CBP custody, including data on
utilization rates for all short term holding facilities and on
the designated removal mechanisms for migrants. CBP shall
publish on a publicly accessible website the following on a
semimonthly basis: the number of migrants detained in CBP
facilities broken out by sector, field office, temporary
spaces, humanitarian care centers, and central processing
centers; and the utilization rates of all such facilities. On a
monthly basis, CBP shall publish the number of migrants
transferred out of CBP custody, delineated by transfer
destination and, in the case of removal, the removal mechanism.
Electronic Visa Update System (EVUS).--The bill restores
$13,850,000 of the $27,661,000 reduction in the budget request
to EVUS. CBP is strongly encouraged to work with the
appropriate authorizing committees to get fee authority for
EVUS. Non-immigrant visa holders who benefit from this program,
not U.S. taxpayers, should pay for EVUS.
Gordie Howe International Bridge.--The funding level for
Gordie Howe International Bridge is funded at the requested
level, and shall be obligated as proposed in the request, in
the Operations and Support account and in Procurement,
Construction, and Improvements.
Innovative Technology.--At least 15 days prior to the
obligation of funds for innovative border security technology,
CBP is directed to brief the Committees on the planned
obligation of funds. The briefing shall also identify the
component sponsor and plans for transitioning technologies to
the field. Funding in the bill for such technology shall not
exceed $5,000,000 for any individual project.
Intelligent Enforcement and Opioids.--The funding levels
for Intelligent Enforcement and opioids are funded at the
requested levels and shall be obligated as proposed in the
budget request.
Medical Guidance.--The CBP Commissioner issued an interim
directive on enhanced medical care to help address the growing
influx of migrants crossing the southern border. In conjunction
with the DHS CMO, CBP is directed to issue a permanent medical
directive and implementing guidance, which shall include the
following:
Clear definitions, metrics, automated reporting
requirements, and formal mechanisms for coordinating with the
CMO on making determinations that conditions at the border
constitute a public health crisis, which should take into
consideration: time in custody; holding facility capacity
limits; emerging disease outbreaks, such as influenza; and the
readiness of each U.S. Border Patrol and Office of Field
Operations facility. These metrics shall be reported on a
common operating picture such as the Unified Immigration
Portal;
Response plans for public health crisis conditions
that include: a convalescence center concept, executed in
concert with the CMO and the U.S. Public Health Service; the
provision of vaccinations when deemed appropriate by the CMO;
and emergency mechanisms to address overcrowding at Border
Patrol and port of entry facilities through custodial transfers
to Immigration and Customs Enforcement, and the Office of
Refugee Resettlement, as appropriate; and
A peer review process for deaths in custody,
including: first level review by the CBP Senior Medical
Advisor; second level review convened by the CMO; and external
review, as appropriate through an enterprise-level contract
executed by the CMO.
Not later than 90 days after the date of enactment of this
Act, the CMO, in conjunction with appropriate CBP leadership,
shall brief the Committees on an implementation plan for the
permanent directive. Additionally, the final guidance and
associated implementing guidance shall be made available on a
publicly accessible website not later than 15 days after such
guidance is finalized.
Migrant Protection Protocols (MPP).--DHS shall establish
goals and metrics for assessing the effectiveness of the MPP
Program. Metrics shall include the following daily data for
migrants entering the United States, by location: the total
number of entering migrants apprehended or deemed inadmissible;
the number of such migrants amenable to MPP; the number of
amenable migrants who assert a fear of returning to Mexico; the
number of migrants assigned to MPP appearing at a port of entry
to attend immigration adjudication proceedings and the outcomes
of such proceedings, including data on the number of removals
ordered in absentia; the number of migrants assigned to MPP who
remain overnight in the United States; and the number of adults
and Unaccompanied Alien Children entering without inspection
subsequent to being returned to Mexico through MPP.
Other Reporting.--The briefing on CBP-wide workload,
capabilities, assets, and human resource gaps, as described in
the Senate Report, shall be provided quarterly. The pilot
project on the use of community oriented policing teams, as
detailed in the Senate Report 116-125, shall be briefed within
one year of the date of enactment of this Act.
Office of Field Operations Staffing.--The agreement
includes $104,377,000 to support over 800 new positions in the
Office of Field Operations to include 610 additional Officers
and Agriculture Specialists. CBP is again encouraged to utilize
fee funding to hire up to a total of 1,200 CBP Officers and 240
Agriculture Specialists during fiscal year 2020.
Video Monitoring.--Any failure of closed caption television
and associated storage equipment in excess of 120 hours at any
CBP facility that detains migrants must be reported to the
Office of Professional Responsibility. Such reporting shall be
updated weekly.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
The agreement provides $1,904,468,000 for Procurement,
Construction, and Improvements, which includes $30,000,000 of
prior year emergency funding. This emergency funding is fully
offset by the rescission of unneeded prior year balances of
emergency funding.
The agreement includes the following increases above the
request: $20,000,000 for innovative technology, of which not
more than $5,000,000 may be available for any single project;
$15,000,000 for rapidly deployable next generation mobile
surveillance systems, including currently deployed light truck
based systems; $10,000,000 for Automated Commercial Environment
enhancements; $28,383,000 for one additional Multi-Role
Enforcement Aircraft with a Dismounted Moving Target Indicator;
$32,500,000 for lightweight helicopters; and $9,000,000 for
expansion at the Advanced Training Center. The agreement
provides a total of $14,830,000 for coastal interceptor vessels
and $59,124,000 for non-intrusive inspection equipment, as
requested.
Border Barrier System.--The agreement includes
$1,375,000,000 for additional border barriers.
Facilities.--The agreement includes $25,000,000 for
construction of the Papago Farms Forward Operating Base and for
facilities improvements to protect life and improve safety.
Health Record Systems.--The account total includes
$30,000,000 derived from the rescission and re-appropriation of
prior year emergency funds to enable the DHS CMO, in
conjunction with CBP, ICE, and other operational components, to
develop and establish interim and long-term electronic systems
for recording and maintaining information related to the health
of individuals in the Department's custody. The systems shall
be adaptable to component operational environments and be
interoperable with other departmental systems, as appropriate,
and with the National Emergency Medical Services Information
System. A plan for the design and development of such systems
shall be provided to the Committees within 90 days of the date
of enactment of this Act.
U.S. Immigration and Customs Enforcement
OPERATIONS AND SUPPORT
The agreement includes the following increases above the
budget request: $4,000,000 for the Human Exploitation Rescue
Operative Child-Rescue Corps; $3,000,000 for cybercrime
investigative capabilities; $12,000,000 for a counter-
proliferation investigations center; $2,000,000 for the Law
Enforcement Systems and Analysis division; $15,000,000 for the
Family Case Management Program (FCMP); $4,000,000 for an
independent review of the Alternatives to Detention (ATD)
program, including the FCMP; $9,222,000 for repairs and
improvements at detention facilities; $14,000,000 for hiring at
the Office of Detention Oversight to increase the frequency of
detention inspections; $2,000,000 for the Office of the Chief
Financial Officer to improve reporting to Congress and the
public about Immigration and Customs Enforcement's resource
use; $406,000 for an Office of the Principal Legal Advisor
facility consolidation project; and $632,382,000 to sustain
prior year initiatives and for personnel cost adjustments.
The agreement provides direct funding of $207,600,000 above
the request in lieu of the proposed use of Immigration
Examination User Fee revenue to partially offset costs for
eligible activities in this account due to concerns with the
impact to U.S. Citizenship and Immigration Services operations
and the growing backlog in applications for immigration
benefits.
Consistent with the funding recommendations in the House
and Senate Reports, the agreement does not include $700,786,000
that was requested to sustain prior year initiatives that were
not funded in the fiscal year 2019 appropriation, nor does it
include $298,973,000 in requested funding for additional
staffing.
Of the amount provided, $53,696,000 is available until
September 30, 2021, to include: $13,700,000 for the Visa
Security Program; $32,996,000 to support the wiretap program;
and $7,000,000 for the Office of Detention Oversight.
The Department and ICE have failed to comply with any of
the requirements set forth in the explanatory statement
accompanying Public Law 116-6 regarding detailed operational
and spending plans for fiscal year 2019 for ICE Operations and
Support. The Department and ICE are again directed to execute
such requirements for fiscal year 2020.
Enforcement and Removal Operations
Alternatives to Detention (ATD).--For the report required
in the Senate Report regarding an analysis of each active ATD
program within the last five years, the Secretary shall also
submit this report to GAO for review. GAO shall review the
reliability and accuracy of data in the report and provide a
preliminary briefing to the Committees on its review within 120
days of receipt. GAO shall also conduct a review of the ATD
program and report its findings to the Committees on a date
agreed to at the time of the preliminary briefing.
Immigration Enforcement at Sensitive Locations.--ICE is
directed to follow its policy regarding enforcement actions at
or near sensitive locations and is encouraged to review the
scope of the category to areas not previously included where
community impacts could be better balanced against ICE law
enforcement requirements.
Further, ICE is directed to provide its officers with
guidance and training for engaging with victims of crime and
witnesses of crime, and to clarify policy guidance on
enforcement actions in or near sensitive locations in order to
minimize any effect that immigration enforcement may have on
the willingness and ability of victims and witnesses to pursue
justice.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
The agreement includes $47,270,000 for procurement,
construction, and improvements, consisting of $10,300,000 to
accelerate modernization of ICE's immigration information
technology systems, data platform, and reporting and analytics
capabilities; and $36,970,000 for construction and facilities
improvements to address major projects on ICE's facilities
maintenance and repair backlog list.
Transportation Security Administration
OPERATIONS AND SUPPORT
The agreement includes an increase of $565,370,000 above
the budget request, including an increase of $93,382,000 for
personnel cost adjustments. The agreement rejects the airline
passenger fee increase proposed by TSA, which would have offset
the total appropriation by an estimated $550,000,000, thus
making the net increase in discretionary spending above the
request $1,115,370,000.
Aviation Screening Operations
The agreement includes an increase of $415,633,000 above
the request for Aviation Screening Operations, including the
following increases: $25,378,000 to fully fund fiscal year 2020
Screening Partnership Program requirements; $46,416,000 to
fully fund retention incentives for TSA employees; and
$63,351,000, including $14,023,000 requested in PC&I, to fully
fund fiscal year 2020 screening technology maintenance
requirements.
The agreement sustains the following initiatives funded in
fiscal year 2019: $77,764,000 for additional transportation
security officers and associated training and support costs to
address the continued growth in passenger volume at airports;
$83,511,000 to maintain existing TSA staffing at airport exit
lanes in accordance with section 603 of Public Law 113-67;
$7,000,000 to maintain Screening Partnership Program
requirements; $13,341,000 for canine teams to support increased
passenger screening requirements; $6,220,000 for screening
requirements associated with the FAA Reauthorization Act of
2018; $10,440,000 for additional program management staffing to
support new technology acquisitions; $4,280,000 to continue
procurement of Credential Authentication Technology units; and
$3,590,000 to support rent increases in the field.
Other Operations and Enforcement
The agreement provides $140,312,000 above the request for
Other Operations and Enforcement, including $4,708,000 to
replace aging equipment in the Federal Flight Deck Officer
(FFDO) and Flight Crew Program and $8,420,000 for cybersecurity
pipeline field assessments.
The agreement sustains the following initiatives funded in
fiscal year 2019: $46,334,000 for the Law Enforcement Officer
Reimbursement Program; $58,800,000 for 31 Visible Intermodal
Prevention and Response teams; and $3,100,000 to increase FFDO
training capacity.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
The agreement includes $68,600,000 for the procurement of
computed tomography (CT) machines for use at the airport
checkpoint. This amount is in addition to funds available from
the Aviation Security Capital Fund and will support the
acquisition and installation of 320 units. The agreement also
includes increases above the request of $1,500,000 to advance
CT algorithm development and $40,000,000 for TSA to continue
reimbursement of airports that incurred costs associated with
the development of a partial or completed in-line baggage
system prior to August 3, 2007.
Section 223 of the bill provides direction for capital
investment plan requirements in lieu of language included in
the House Report.
RESEARCH AND DEVELOPMENT
The agreement provides an increase of $2,000,000 above the
request for design and development activities for small CT
machines, as described in the Senate Report.
Coast Guard
OPERATIONS AND SUPPORT
The agreement provides an increase of $118,858,000 above
the request for Operations and Support, including: $22,122,000
for personnel cost adjustments; $14,600,000 to support
additional costs for electronic health records; $10,000,000 for
the increased cost for flight training; $1,500,000 for the
Great Lakes Oil Spill Center of Excellence; $3,000,000 for the
National Maritime Documentation Center and National Vessel
Documentation Center; $6,500,000 for the priority environmental
compliance and restoration project on the Coast Guard's
Unfunded Priority List (UPL); $6,100,000 for recruiting and
workforce readiness; $25,000,000 for Depot Maintenance for
Cutter Boats and Aircraft; and $15,000,000 for Depot
Maintenance for Shore Assets. The agreement continues increases
included in fiscal year 2019 of $2,000,000 for a child care
subsidy, $15,000,000 for additional military FTE, and
$1,672,000 for increased fuel costs. Within the total amount
provided, $11,000,000 is available until September 30, 2022,
including $6,000,000 to continue the Fishing Safety Training
Grants and Fishing Safety Research Grants programs, and
$5,000,000 for the National Coast Guard Museum. The agreement
also funds requested cybersecurity and IT enhancements.
The agreement includes reductions to the request of
$5,942,000 due to the inclusion of Fast Response Cutter (FRC)
crew costs in Overseas Contingency Operations and $6,166,000
because of delays in the Offshore Patrol Cutter (OPC) program.
Procurement, Construction, and Improvements
The agreement provides an increase of $537,850,000 above
the request, including the following: $13,500,000 for In-
Service Vessel Sustainment; $260,000,000 for a total of four
FRCs; $100,000,000 for long lead time materials for a second
Polar Security Cutter; $105,000,000 for the HC-130J aircraft
program; $130,000,000 to recapitalize MH-60T aircraft with new
hulls; and $70,000,000 for a replacement Long Range Command and
Control Aircraft. The bill makes available $100,500,000 for
long lead time material for a twelfth National Security Cutter,
consistent with the direction in the House Report.
The agreement includes $77,550,000 for Major Construction;
Housing; Aids to Navigation; and Survey and Design and provides
$122,100,000 for Major Acquisition Systems Infrastructure.
Projects on the UPL described in the Senate Report are
supported within these funding levels, including land
acquisition, as necessary.
The agreement includes $2,000,000 to establish a major
acquisition program office to enhance icebreaking capacity on
the Great Lakes within 180 days of the date of enactment of
this Act. An additional $2,000,000 is included under Operations
and Support for recurring program support. The agreement also
includes $10,800,000 for the two Maritime Security Response
Teams to procure vessels currently in production and used by
Department of Defense teams that are capable of operating in
contested, near shore environments.
Elizabeth City Air Station.--The bill does not provide
funding for enhancements to the runway at the Elizabeth City
Coast Guard Air Station. The Coast Guard has estimated the
total project cost would exceed $23,000,000, far above the
level recommended in the Senate bill. The Coast Guard shall
work with state and local partners, including institutions of
higher learning, to determine the full scope and cost of
mutually beneficial enhancements to Runway 1/19, and explore
the potential for sharing costs necessary to ensure the project
is completed in an efficient manner. The Coast Guard shall
brief the Committees within 120 days of the date of enactment
of this Act on the scope, costs, and benefits of the project,
including the viability of a financial partnership with non-
federal stakeholders.
OPC Program.--The contract awarded to construct the OPC
was recently amended to address increased cost estimates after
the Acting Secretary determined that relief permitted under
Public Law 85-804 was appropriate and necessary to the national
defense. An associated delay in delivery of the first two hulls
reduced the fiscal year 2020 requirement for the OPC by
$145,000,000. Funds included in the agreement continue
necessary program requirements. The agreement maintains the
commitment to ensuring the Coast Guard can continue the program
of record for these critical vessels. As a condition of the
granted relief, the vendor will be subject to increased
oversight, including additional scrutiny of the costs borne by
the Coast Guard. The Coast Guard shall brief the Committees
quarterly on the metrics used to evaluate adherence to
production timelines and costs, including those attributed to
reestablishing the production line and maintaining the skilled
workforce required to ensure contract performance.
United States Secret Service
OPERATIONS AND SUPPORT
The agreement provides an increase above the request of
$94,668,000, including the following: $7,500,000 for overtime
pay; $8,207,000 for personnel costs; $11,900,000 for additional
retention initiatives; $12,482,000 for fleet vehicles; $784,000
to sustain fiscal year 2019 funding levels for forensic and
investigative support related to missing and exploited
children; $3,600,000 for electronic crimes task force
modernization; $10,000,000 for radios and hubs; $9,518,000 for
travel; $10,000,000 for overtime in calendar year 2019
(authority is provided in bill language for up to $15,000,000);
$5,000,000 for permanent change of station costs; and
$26,377,000 for basic and advanced computer forensics training
for state and local law enforcement officers, judges, and
prosecutors in support of the United States Secret Service
mission.
Within the total amount provided, $39,763,000 is made
available until September 30, 2021, including $11,400,000 for
the James J. Rowley Training Center; $5,863,000 for Operational
Mission Support; $18,000,000 for protective travel; and
$4,500,000 for National Special Security Events.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
The agreement provides an increase above the request of
$10,700,000, which reflects the amount requested under
Operations and Support for the Fully Armored Vehicle Program.
RESEARCH AND DEVELOPMENT
The agreement provides an increase above the request of
$1,500,000 for Research and Development, for a pilot program
with a university-based digital investigation center to
maximize and evaluate effective instruction for students
enrolled at the National Computer Forensics Institute, such as
pre- and post-assessment of student knowledge of procedures and
tool utilization.
TITLE II--ADMINISTRATIVE PROVISIONS
Section 201. The agreement continues a provision regarding
overtime compensation.
Section 202. The agreement continues a provision allowing
CBP to sustain or increase operations in Puerto Rico with
appropriated funds.
Section 203. The agreement continues a provision regarding
the availability of passenger fees collected from certain
countries.
Section 204. The agreement continues a provision allowing
CBP access to certain reimbursements for preclearance
activities.
Section 205. The agreement continues a provision regarding
the importation of prescription drugs from Canada.
Section 206. The agreement continues a provision regarding
the waiver of certain navigation and vessel-inspection laws.
Section 207. The agreement continues a provision preventing
the establishment of new border crossing fees at land ports of
entry.
Section. 208. The agreement includes a provision requiring
the Secretary to submit an expenditure plan for funds made
available under ``U.S. Customs and Border Protection--
Procurement, Construction, and Improvements''.
Section 209. The agreement includes a provision allocating
funds within CBP's Procurement, Construction, and Improvements
account for specific purposes.
Section 210. The agreement continues and modifies a
provision prohibiting the construction of border security
barriers in specified areas.
Section 211. The agreement includes a provision on vetting
operations at existing locations.
Section 212. The agreement includes a provision that
reappropriates prior year emergency funding for humanitarian
care, critical life and safety improvements, and electronic
health records.
Section 213. The agreement continues a provision allowing
the Secretary to reprogram funds within and transfer funds to
``U.S. Immigration and Customs Enforcement--Operations and
Support'' to ensure the detention of aliens prioritized for
removal.
Section 214. The agreement continues a provision
prohibiting the use of funds provided under the heading ``U.S.
Immigration and Customs Enforcement--Operations and Support''
to continue a delegation of authority under the 287(g) program
if the terms of an agreement governing such delegation have
been materially violated.
Section 215. The agreement continues and modifies a
provision prohibiting the use of funds provided under the
heading ``U.S. Immigration and Customs Enforcement--Operations
and Support'' to contract with a facility for detention
services if the facility receives less than ``adequate''
ratings in two consecutive performance evaluations, and
requires that such evaluations be conducted by the ICE Office
of Professional Responsibility by January 1, 2021.
Section 216. The agreement continues a provision
prohibiting ICE from removing sponsors or potential sponsors of
unaccompanied children based on information provided by the
Office of Refugee Resettlement as part of the sponsor's
application to accept custody of an unaccompanied child, except
when that information meets specified criteria.
Section 217. The agreement includes a new provision that
requires ICE to report on information related to its 287(g)
program.
Section 218. The agreement continues and modifies a
provision that requires ICE to provide statistics about its
detention population.
Section 219. The agreement continues a provision clarifying
that certain elected and appointed officials are not exempt
from federal passenger and baggage screening.
Section 220. The agreement continues a provision directing
TSA to deploy explosives detection systems based on risk and
other factors.
Section 221. The agreement continues a provision
authorizing TSA to use funds from the Aviation Security Capital
Fund for the procurement and installation of explosives
detection systems or for other purposes authorized by law.
Section 222. The agreement continues a provision
prohibiting the use of funds in abrogation of the statutory
requirement for TSA to monitor certain airport exit points.
Section 223. The agreement contains a new provision
requiring TSA to provide a report that includes the Capital
Improvement Plan, technology investment and Advanced Integrated
Screening Technology. This includes the requirement in the
House Report for a report on future-year capital investment
plan.
Section 224. The agreement continues a provision
prohibiting funds made available by this Act for recreational
vessel expenses, except to the extent fees are collected from
owners of yachts and credited to this appropriation.
Section 225. The agreement continues a provision under the
heading ``Coast Guard--Operating Expenses'' allowing up to
$10,000,000 to be reprogrammed to or from Military Pay and
Allowances.
Section 226. The agreement continues a provision requiring
the Commandant of the Coast Guard to submit a future-years
capital investment plan.
Section 227. The agreement continues a provision related to
the allocation of funds for Overseas Contingency Operations/
Global War on Terrorism.
Section 228. The agreement continues a provision
prohibiting funds to reduce the staff or mission at the Coast
Guard's Operations Systems Center.
Section 229. The agreement continues a provision
prohibiting the use of funds to conduct a competition for
activities related to the Coast Guard National Vessel
Documentation Center.
Section 230. The agreement continues a provision allowing
the use of funds to alter, but not reduce, operations within
the Civil Engineering program of the Coast Guard.
Section 231. The agreement includes a new provision
allowing for death gratuity payments to be made by the Coast
Guard in the absence of an appropriation.
Section 232. The agreement contains a new provision to
reclassify receipts for the Coast Guard Housing Fund.
Section 233. The agreement continues a provision allowing
the Secret Service to obligate funds in anticipation of
reimbursement for personnel receiving training.
Section 234. The agreement continues a provision
prohibiting the use of funds by the Secret Service to protect
the head of a federal agency other than the Secretary of
Homeland Security, except when the Director has entered into a
reimbursable agreement for such protection services.
Section 235. The agreement continues a provision allowing
the reprogramming of funds within ``United States Secret
Service--Operations and Support''.
Section 236. The agreement continues a provision allowing
funds made available within ``United States Secret Service--
Operations and Support'' to be available for travel of
employees on protective missions without regard to the
limitations on such expenditures.
TITLE III--PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
Cybersecurity and Infrastructure Security Agency
As authorized by Public Law 115-278, the Secretary
transferred the Federal Protective Service (FPS) to the
Management Directorate on May 9, 2019. The fiscal year 2020
funding for FPS is therefore appropriated within the Management
Directorate.
Not later than 45 days after the date of enactment of this
Act, and quarterly thereafter, the Cybersecurity and
Infrastructure Security Agency (CISA) is directed to brief the
Committees on each of the following: a summary spending plan;
detailed hiring plans for each of the mission critical
occupations; procurement plans for all major investments; and
an execution strategy for each of the new initiatives funded in
this agreement.
OPERATIONS AND SUPPORT
The agreement provides an increase of $287,679,000 above
the budget request including $9,109,000 to fund personnel cost
adjustments. Of the amount provided, $31,793,000 is available
until September 30, 2021, to include: $21,793,000 for the
National Infrastructure Simulation Analysis Center (NISAC) and
$10,000,000 for hiring initiatives.
The agreement rejects the following proposed reductions to
initiatives funded in fiscal year 2019: $11,400,000 for
operations related to Industrial Control Systems; $3,000,000
for the SLTT cybersecurity information sharing program;
$3,000,000 for cybersecurity services for the non-election
critical infrastructure sectors; $7,971,000 for cybersecurity
advisors; $4,300,000 for the Cybersecurity Education and
Training Assistance Program; $3,600,000 for the Continuous
Diagnostics and Mitigation program (CDM); $5,425,000 for
regionalization efforts to improve service delivery to the
field; $18,500,000 for the Chemical Facility Anti-Terrorism
Standards program; $1,200,000 for the Office of Bombing
Prevention Train-the-Trainer program; $9,738,000 for the NISAC;
$1,700,000 for the software assurance program; and $2,000,000
to continue efforts to ensure the integrity of supply chains.
The agreement includes a total of $43,510,000 for the
Election Infrastructure Security Initiative, $19,439,000 above
the request, to support SLTT governments through the Multi-
State Information Sharing and Analysis Center and the National
Risk Management Center to increase election security and
counter foreign influence.
Cybersecurity
Cybersecurity Workforce.--The agreement includes an
increase of $7,100,000 above the request for CISA to expedite
national cybersecurity education, training, and workforce
development efforts to build a cybersecurity workforce as a
national security asset. CISA is directed to develop a
consolidated plan that defines a path to educate the
cybersecurity workforce of the future and develop content that
includes partnering with at least two academic institutions of
higher education to cultivate a non-traditional workforce,
focused on reaching rural, minority, gender diverse, and
veteran populations. These efforts could include cybersecurity
competitions and associated costs to identify cyber excellence
throughout the nation and within the Federal government. The
plan should also clearly articulate measurable outcomes for how
efforts comply with Executive Order 13800 and its resulting
recommendations. This program is subject to the briefing
requirements described above.
To address the requirements described in the House and
Senate Reports, a briefing shall be provided in collaboration
with the Office of Management and Budget (OMB), the Department
of Commerce, the Office of Personnel Management, and other
agencies and organizations with responsibilities for this
issue. CISA is further directed to brief the Committees, not
later than 90 days after the date of enactment of this Act, on
the deliverables required in the ``Solving the Federal
Cybersecurity Workforce Shortage'' proposal; the Executive
Order on America's Cybersecurity Workforce; and the November
16, 2017 report entitled ``Supporting the Growth and
Sustainment of the Nation's Cybersecurity Workforce''.
CyberSentry.--The agreement includes $7,000,000 for the
proposed CyberSentry pilot program, which is $4,000,000 less
than the request due to revised cost estimates. Prior to
obligating such funds, CISA is directed to brief the Committees
on its plan for the program, to include: its process for
choosing which vendors, if any, will be used to support the
program; its process for choosing which industrial control
system owner operators will be selected to participate in the
program; and the performance measures that will be used to
evaluate the program. Further, CISA is directed to include as a
part of its program, an assessment of the state of the market
to meet the capabilities sought by this pilot program and an
evaluation of any market advancements required to meet such
demands.
Federal Cybersecurity.--The agreement includes an increase
above the request of $13,000,000 to accelerate data protection
and dashboard deployment for the CDM program. CISA is directed
to provide a report not later than 180 days after the date of
enactment of this Act detailing how CISA will modernize CDM and
National Cybersecurity Protection System (NCPS), including
EINSTEIN, to ensure they remain operationally effective given
changing trends in technology, the federal workforce, threats,
and vulnerabilities. The report shall address the requirements
described in the House and Senate Reports.
Federal Network Services and Modernization.--The agreement
includes $25,050,000 for a Cybersecurity Shared Services
Office, as described in the House and Senate Reports.
Regionalization Effort.--The agreement includes an increase
of $5,000,000 above the request to support expansion of CISA
regional operations.
Threat Analysis and Response.--The agreement includes an
increase of $34,000,000 above the request for threat detection
and response capacity. This funding will help address gaps
across CISA's threat-focused efforts, including analysis,
counter-threat product development, operations planning,
operational coordination, and hunt and response teams.
Vulnerability Management.--The agreement includes an
increase of $58,500,000 above the request to increase CISA's
service capacity for Federal and SLTT governments, critical
infrastructure, and industrial control systems. Funds will be
used to support the identification of new cybersecurity
vulnerabilities and a coordinated plan for potential
disclosures of such vulnerabilities, and for requirements of
the National Vulnerability Database and the Common
Vulnerability Enumeration. Funded activities include:
vulnerability and risk analyses; enhancing assessment
methodologies; cyber hygiene services; and other related
requirements necessary to mature CISA's overall vulnerability
management posture.
Infrastructure Protection
Bombing Prevention.--The agreement includes an increase of
$5,367,000 above the request to: continue to expand the Train-
the-Trainer program and other training modalities; enhance the
National Counter-Improvised Explosive Device Capability
Assessment Database and technical assistance initiatives needed
to track and close capability gaps; and expand the Bomb-making
Materials Awareness Program for explosive precursor security.
Regionalization Effort.--The agreement includes an increase
of $4,200,000 above the request to continue to support CISA's
regionalization effort.
Soft Targets and Crowded Places.--The agreement includes an
increase of $5,000,000 above the request to continue CISA's
efforts to improve the security of soft targets and crowded
places, as described in the House Report.
Emergency Communications
First Responder Emergency Medical Communications.--The
agreement includes $2,000,000 for CISA to administer SLTT
projects, as in prior years, that aid in the implementation of
the National Emergency Communications Plan and demonstration of
emergency medical communications in rural areas.
Integrated Operations
The recommendation includes the following increases above
the request: $15,000,000 to continue developing CISA's supply
chain analysis capabilities, as described in the House and
Senate Reports; and $1,850,000 to continue CISA's
regionalization efforts.
Industrial Control Systems (ICS).--The agreement includes
an increase of $10,000,000 above the request for risk analyses
of ICS, to include water ICS, as described in the House Report.
Mission Support
The agreement rejects the proposed $3,230,000 reduction to
mission support activities and provides an increase of
$2,000,000 to improve recruitment and hiring efforts.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
Cybersecurity
Continuous Diagnostics and Mitigation.--The agreement
includes an increase of $75,884,000 above the request to
support evolving requirements of CDM capabilities, to include:
federal network infrastructure evolution and modernization;
data protection and dashboard deployment; deployment of
protections to mobile devices; and other enhancements. Of the
amount provided, not less than $3,000,000 shall be for endpoint
protection.
National Cybersecurity Protection System (NCPS).--The
agreement includes $60,000,000 above the request for NCPS to
establish and operate a centralized Federal Domain Name System
egress service.
RESEARCH AND DEVELOPMENT
Cybersecurity
The agreement supports funding for cybersecurity research
and development; through the Science and Technology Directorate
instead of CISA as described in both the House and Senate
Reports.
Integrated Operations
The agreement includes an increase of $5,000,000 above the
request for the Technology Development and Deployment Program,
as described in the House Report.
The agreement includes $3,000,000 above the request to
develop capabilities to model, simulate, and conduct other
advanced analytics of disruptions to cyber and infrastructure
networks.
Federal Emergency Management Agency
OPERATIONS AND SUPPORT
The agreement provides $14,204,000 below the budget
request. A realignment of $33,463,000 is included for
facilities that directly support disaster response and recovery
operations, as described under the Disaster Relief Fund (DRF).
As requested, $2,000,000 is included in the Preparedness and
Protection PPA for carrying out the Emergency Management
Assistance Compact. The agreement also provides an additional
$1,200,000 to support an urban flooding initiative, as
described in the Senate Report; $4,294,000 for communications
equipment and architecture as described in the House Report;
and $858,000 for vehicle recapitalization at Mt. Weather. The
agreement rejects the following proposed reductions: $1,800,000
to administer predisaster mitigation programs in conjunction
with funds made available through the DRF; $1,000,000 for
interoperable gateway system expansion; and $7,787,000 for
personnel cost adjustments.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
The agreement includes an increase of $19,700,000 above the
budget request, including: $18,200,000 for design work and
renovation of facilities at the Center for Domestic
Preparedness; and $4,500,000 for deferred maintenance at the
National Emergency Training Center. A total of $3,000,000 is
realigned to the DRF base account for facilities that directly
support disaster response and recovery operations.
FEDERAL ASSISTANCE
(INCLUDING TRANSFER OF FUNDS)
The agreement includes an increase of $708,452,000 above
the budget request, including $629,000 for personnel cost
adjustments. The amount provided for this appropriation by PPA
is as follows:
------------------------------------------------------------------------
Budget Estimate Final Bill
------------------------------------------------------------------------
Federal Assistance
Grants
State Homeland Security $331,939,000 $560,000,000
Grant Program............
(Operation - - - (90,000,000)
Stonegarden).........
(Tribal Security - - - (15,000,000)
Grant)...............
(Non-profit Security). - - - (40,000,000)
Urban Area Security 426,461,000 665,000,000
Initiative...............
(Non-profit Security). - - - (50,000,000)
Public Transportation 36,358,000 100,000,000
Security Assistance......
(Amtrak Security)..... - - - (10,000,000)
(Over-the-Road Bus - - - (2,000,000)
Security)............
Port Security Grants...... 36,358,000 100,000,000
Assistance to Firefighter 344,344,000 355,000,000
Grants...................
Staffing for Adequate Fire 344,344,000 355,000,000
and Emergency Response
(SAFER) Grants...........
Emergency Management 279,335,000 355,000,000
Performance Grants.......
National Priorities 430,350,000 - - -
Security Grant Program...
Flood Hazard Mapping and 100,000,000 263,000,000
Risk Analysis Program
(RiskMAP)................
Regional Catastrophic - - - 10,000,000
Preparedness Grants......
High Hazard Potential Dams - - - 10,000,000
Emergency Food and Shelter - - - 125,000,000
-------------------------------------
Subtotal, Grants...... $2,329,489,000 $2,898,000,000
Targeted Violence and
Terrorism Prevention
Grants (transfer from - - - 10,000,000
OSEM)....................
Education, Training, and
Exercises................
Center for Domestic 66,072,000 66,796,000
Preparedness.........
Center for Homeland - - - 18,000,000
Defense and Security.
Emergency Management 19,093,000 20,998,000
Institute............
U.S. Fire 46,605,000 46,844,000
Administration.......
National Domestic - - - 101,000,000
Preparedness
Consortium...........
Continuing Training - - - 8,000,000
Grants...............
National Exercise 18,756,000 18,829,000
Program..............
-------------------------------------
Subtotal, $150,526,000 $280,467,000
Education,
Training, and
Exercises........
-------------------------------------
Subtotal, Federal $2,480,015,000 $3,188,467,000
Assistance.......
------------------------------------------------------------------------
Continuing Training Grants.--The agreement includes
$8,000,000 for Continuing Training Grants to support
competitively-awarded training programs to address specific
national preparedness gaps, such as cybersecurity, economic
recovery, housing, and rural and tribal preparedness. Of this
amount, not less than $3,000,000 shall be prioritized to be
competitively awarded for Federal Emergency Management Agency-
certified rural and tribal training.
U.S. Fire Administration.--Of the total provided for the
U.S. Fire Administration, the agreement includes full funding
for State Fire Training Grants, in addition to the funding
direction provided in the Senate Report. Not later than 180
days after the date of enactment of this Act, FEMA shall brief
the Committees on a plan for awarding such grants.
Urban Area Security Initiative (UASI).--Consistent with the
Implementing Recommendations of the 9/11 Commission Act, the
agreement requires FEMA to conduct risk assessments for the 100
most populous metropolitan statistical areas prior to making
UASI grant awards. It is expected that UASI funding will be
limited to urban areas representing up to 85 percent of the
cumulative national terrorism risk to urban areas and that
resources will continue to be allocated in proportion to risk.
DISASTER RELIEF FUND
The agreement provides $17,863,259,000, which is
$3,313,575,000 above the request. Of the total, $17,352,112,000
is provided through the budget cap adjustment for major
disaster response and recovery activities and $511,147,000 is
for base DRF activities.
Disaster Readiness and Support.--After the fiscal year 2020
President's budget was submitted, a request was made to realign
FEMA funding for facilities that directly support disaster
response and recovery operations. The realignment of
$33,463,000 from Operations and Support and $3,000,000 from
Procurement, Construction, and Improvements (PC&I) to the DRF
base is reflected in the bill. With the exception of this
purpose, FEMA is directed to continue to adhere to the
direction in House Report 114-215 with regard to the purposes
of the Operations and Support and DRF base accounts.
FEMA is directed to submit a report to the Committees not
later than 60 days after the date of enactment of this Act,
documenting the criteria and guidance for determining when an
expense should be charged to the DRF base, to Operations and
Support, or to another account for future years. The report
shall also include amounts by fiscal year and by account for
all activities described in House report 114-215 related to
these disaster related activities since fiscal year 2016. The
purpose of this information is to facilitate oversight by
enabling cost comparisons in future years.
Predisaster Hazard Mitigation.--FEMA is directed to brief
the Committees not later than 30 days after the date of
enactment of this Act on the implementation of programs under
section 203 of the Stafford Act. The briefing shall include:
the status of transitioning the Predisaster Mitigation Grant
Program (PDM) to National Public Infrastructure Pre-Disaster
Mitigation Assistance (NPIPMA) program; a schedule for
implementing and awarding such grants not later than the end of
fiscal year 2020; how input provided by SLTT has been
incorporated; how the needs of mitigation partners will be met;
and how innovation and incentives will be incorporated into the
program. Further, the briefing shall include a timeframe for
documenting a clear policy on how FEMA will account for
variations in funding levels based on the nature of NPIPMA
being a percentage of disaster spending. The policy should
ensure SLTT can plan for effective projects by avoiding
disruptive fluctuations in funding levels. Last, the briefing
shall include a clear plan for how FEMA can best use funds
recovered from previous PDM projects, with a clear description
of the amount and source of the funds.
NATIONAL FLOOD INSURANCE FUND
The agreement includes an increase of $616,000 above the
budget request for personnel cost adjustments.
TITLE III--ADMINISTRATIVE PROVISIONS
Section 301. The agreement continues a provision limiting
expenses for administration of grants.
Section 302. The agreement continues a provision specifying
timeframes for certain grant applications and awards.
Section 303. The agreement continues a provision specifying
timeframes for information on certain grant awards.
Section 304. The agreement continues a provision that
addresses the availability of certain grant funds for the
installation of communications towers.
Section 305. The agreement continues a provision requiring
a report on the expenditures of the DRF.
Section 306. The agreement includes and modifies a
provision permitting certain waivers to SAFER grant program
requirements.
Section 307. The agreement continues a provision providing
for the receipt and expenditure of fees collected for the
Radiological Emergency Preparedness Program, as authorized by
Public Law 105-276.
TITLE IV--RESEARCH, DEVELOPMENT, TRAINING, AND SERVICES
United States Citizenship and Immigration Services
OPERATIONS AND SUPPORT
The agreement includes an increase of $809,000 above the
budget request for personnel cost adjustments.
Application Processing.--The agreement directs USCIS to
brief the Committees within 90 days of the date of enactment of
this Act on the number of application forms processed by month
for fiscal years 2016 through 2019 for the following: form I-
130 (Petition for Alien Relative); form I-485 (Application to
Register Permanent Residence or Adjust Status); form I-751
(Petition to Remove Conditions on Residence); form N-400
(Application for Naturalization); and forms for initial and
renewed employment authorization. The briefing shall include
the following data, where applicable, on the immigration status
of the petitioner (U.S. citizen or legal permanent resident);
nationality of the applicant; processing time; and field office
or service center to which the application was assigned. The
briefing will also include reasons for delays in processing
applications and petitions, including employment
authorizations, and what steps USCIS is taking to address the
delays.
Fee Waivers.--USCIS is encouraged to continue the use of
fee waivers for applicants who demonstrate an inability to pay
the naturalization fee, and to consider, in consultation with
the Office of the Citizenship and Immigration Services
Ombudsman (CIS Ombudsman), whether the current naturalization
fee is a barrier to naturalization for those earning between
150 percent and 200 percent of the federal poverty guidelines
and who are not currently eligible for a fee waiver, and
provide a briefing to the Committees within 60 days of the date
of enactment of this Act.
Further, USCIS is encouraged to refrain from imposing fees
on any individual filing a humanitarian petition, including,
but not limited to, individuals requesting asylum; refugee
admission; protection under the Violence Against Women Act;
Special Immigrant Juvenile status; a T or U visa; or requests
adjustment of status or petitions for another benefit after
receiving humanitarian protection. USCIS shall consult with the
CIS Ombudsman on the impact of imposing such fees and provide a
briefing to the Committees within 60 days of the date of
enactment of this Act.
H-2A and H-2B Visa Program Processes.--Not later than 120
days after the date of enactment of this Act, DHS, the
Department of Labor, the Department of State, and the United
States Digital Service are directed to report on options to
improve the execution of the H-2A and H-2B visa programs,
including: processing efficiencies; combatting human
trafficking; protecting worker rights; and reducing employer
burden, to include the disadvantages imposed on such employers
due to the current semiannual distribution of H-2B visas on
October 1 and April 1 of each fiscal year.
USCIS is encouraged to leverage prior year materials
relating to the issuance of additional H-2B visas, to include
previous temporary final rules, to improve processing
efficiencies.
FEDERAL ASSISTANCE
The recommendation includes $10,000,000 above the request
to support the Citizenship and Integration Grant Program. In
addition, USCIS continues to have the authority to accept
private donations to support this program. USCIS is directed to
provide an update on its planned use of this authority not
later than 30 days after the date of enactment of this Act, to
include efforts undertaken to solicit private donations.
Federal Law Enforcement Training Centers
OPERATIONS AND SUPPORT
The agreement provides $292,997,000 for Operations and
Support, including $724,000 for personnel cost adjustments and
$6,755,000 to support additional basic training requirements.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
The agreement provides an increase of $11,824,000 above the
request for the highest priority Procurement, Construction, and
Improvements projects. Federal Law Enforcement Training Centers
is required to brief the Committees not later than 30 days
after the date of enactment of this Act on the proposed
allocation of funds, by project, and to subsequently update the
Committees on any changes from the planned allocation.
Science and Technology Directorate
OPERATIONS AND SUPPORT
The agreement provides $314,864,000 for Operations and
Support. The agreement does not accept the proposed decreases
to Operations and Support and includes $2,472,500 above the
requested amount for personnel cost adjustments.
RESEARCH AND DEVELOPMENT
The agreement includes $119,248,000 above the request for
Research and Development. The Science and Technology
Directorate is directed to consider projects referenced in the
House and Senate Reports and brief the Committees not later
than 30 days after the date of enactment of this Act on the
proposed allocation of Research and Development funds by
project and to subsequently update the Committees on any
changes from the planned allocation. The intent of Senate
language on Software Assurances is to support self-adapting
security mechanisms that can quickly respond to cyberattacks by
deploying countermeasures to increase system resiliency.
Countering Weapons of Mass Destruction Office
OPERATIONS AND SUPPORT
The agreement provides $179,467,000 for Operations and
Support, including an increase of $841,000 for personnel cost
adjustments.
The proposed realignments of funding for radiation portal
monitors and portable detection systems from Procurement,
Construction, and Improvements to Operations and Support are
rejected. Funding for these programs is provided in
Procurement, Construction, and Improvements as described.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
The agreement provides $118,988,000 for Procurement,
Construction, and Improvements. Of the total, $27,000,000 is
included for portable detection systems and $13,747,000 is for
radiation portal monitor programs. Funding for development of
uranium target plates, as described in the House Report, is not
included in the total, as that effort is addressed in another
Act.
RESEARCH AND DEVELOPMENT
The agreement provides $69,181,000 for Research and
Development, of which an increase of $1,500,000 above the
request is for active neutron interrogation in the
Transformational Research and Development PPA as described in
the Senate Report.
TITLE IV--ADMINISTRATIVE PROVISIONS
Section 401. The agreement continues a provision allowing
USCIS to acquire, operate, equip, and dispose of up to five
vehicles under certain scenarios.
Section 402. The agreement continues a provision limiting
the use of A-76 competitions by USCIS.
Section 403. The agreement includes a provision requiring
USCIS to provide data about its credible and reasonable fear
processes.
Section 404. The agreement continues a provision
authorizing the Director of FLETC to distribute funds for
incurred training expenses.
Section 405. The agreement continues a provision directing
the FLETC Accreditation Board to lead the federal law
enforcement training accreditation process to measure and
assess federal law enforcement training programs, facilities,
and instructors.
Section 406. The agreement continues a provision allowing
the acceptance of transfers from government agencies into
``Federal Law Enforcement Training Centers--Procurement,
Construction, and Improvements''.
Section 407. The agreement continues a provision
classifying FLETC instructor staff as inherently governmental
for certain considerations.
TITLE V--GENERAL PROVISIONS
(INCLUDING RESCISSIONS OF FUNDS)
Section 501. The agreement continues a provision directing
that no part of any appropriation shall remain available for
obligation beyond the current year unless expressly provided.
Section 502. The agreement continues a provision providing
authority to merge unexpended balances of prior appropriations
with new appropriation accounts, to be used for the same
purpose, subject to reprogramming guidelines.
Section 503. The agreement continues a provision limiting
reprogramming authority for funds within an appropriation and
providing limited authority for transfers between
appropriations. All components funded by the Department of
Homeland Security Appropriations Act, 2020, must comply with
these transfer and reprogramming requirements.
The Department must notify the Committees on Appropriations
prior to each reprogramming of funds that would reduce
programs, projects, activities, or personnel by ten percent or
more. Notifications are also required for each reprogramming of
funds that would increase a program, project, or activity by
more than $5,000,000 or ten percent, whichever is less. The
Department must submit these notifications to the Committees on
Appropriations at least 15 days in advance of any such
reprogramming.
For purposes of reprogramming notifications, ``program,
project, or activity'' is defined as an amount identified in
the detailed funding table located at the end of this statement
or an amount directed for a specific purpose in this statement.
Also, for purposes of reprogramming notifications, the creation
of a new program, project, or activity is defined as any
significant new activity that has not been explicitly justified
to the Congress in budget justification material and for which
funds have not been appropriated by the Congress. For further
guidance when determining which movements of funds are subject
to section 503, the Department is reminded to follow GAO's
definition of ``program, project, or activity'' as detailed in
the GAO's A Glossary of Terms Used in the Federal Budget
Process. Within 30 days of the date of enactment of this Act,
the Department shall submit to the Committees a table
delineating PPAs subject to section 503 notification
requirements, as defined in this paragraph.
Limited transfer authority is provided to give the
Department flexibility in responding to emerging requirements
and significant changes in circumstances, but is not primarily
intended to facilitate the implementation of new programs,
projects, or activities that were not proposed in a formal
budget submission. Transfers may not reduce accounts by more
than five percent or increase accounts by more than ten
percent. The Committees on Appropriations must be notified not
fewer than 30 days in advance of any transfer.
To avoid violations of the Anti-Deficiency Act, the
Secretary shall ensure that any transfer of funds is carried
out in compliance with the limitations and requirements of
section 503(b). In particular, the Secretary should ensure that
any such transfers adhere to the opinion of the Comptroller
General's decision in the Matter of: John D. Webster, Director,
Financial Services, Library of Congress, dated November 7,
1997, with regard to the definition of an appropriation subject
to transfer limitations.
The Department shall submit notifications on a timely basis
and provide complete explanations of the proposed
reallocations, including detailed justifications for the
increases and offsets, and any specific impact the proposed
changes would have on the budget request for the following
fiscal year and future-year appropriations requirements. Each
notification submitted to the Committees should include a
detailed table showing the proposed revisions to funding and
FTE - at the account, program, project, and activity level -
for the current fiscal year, along with any funding and FTE
impacts on the budget year.
The Department shall manage its programs, projects, and
activities within the levels appropriated, and should only
submit reprogramming or transfer notifications in cases of
unforeseeable and compelling circumstances that could not have
been predicted when formulating the budget request for the
current fiscal year. When the Department submits a
reprogramming or transfer notification and does not receive
identical responses from the House and Senate Committees, it is
expected to reconcile the differences before proceeding.
The Department is not to submit a reprogramming or transfer
notification after June 30 except in extraordinary
circumstances that imminently threaten the safety of human life
or the protection of property. If an above-threshold
reprogramming or a transfer is needed after June 30, the
notification should contain sufficient documentation as to why
it meets this statutory exception.
Deobligated funds are also subject to the reprogramming and
transfer limitations and requirements set forth in section 503.
Section 503(f) authorizes the Secretary to transfer up to
$20,000,000 to address immigration emergencies after notifying
the Committees of such transfer at least five days in advance.
Section 504. The agreement continues a provision by
reference, prohibiting funds appropriated or otherwise made
available to the Department to make payment to the WCF, except
for activities and amounts allowed in the President's fiscal
year 2020 budget request. Funds provided to the WCF are
available until expended. The Department can only charge
components for direct usage of the WCF and these funds may be
used only for the purposes consistent with the contributing
component. Any funds paid in advance or for reimbursement must
reflect the full cost of each service. The Department shall
submit a notification prior to adding a new activity to the
fund or eliminating an existing activity from the fund. For
activities added to the fund, such notifications shall detail
the source of funds by PPA. In addition, the Department shall
submit quarterly WCF execution reports to the Committees that
include activity level detail.
Section 505. The agreement continues a provision providing
that not to exceed 50 percent of unobligated balances from
prior-year appropriations for each Operations and Support
appropriation, shall remain available through fiscal year 2021,
subject to section 503 reprogramming requirements.
Section 506. The agreement continues a provision that deems
intelligence activities to be specifically authorized during
fiscal year 2020 until the enactment of an Act authorizing
intelligence activities for fiscal year 2020.
Section 507. The agreement continues a provision requiring
notification to the Committees at least three days before DHS
executes or announces grant allocations; grant awards; contract
awards, including contracts covered by the Federal Acquisition
Regulation; other transaction agreements; letters of intent;
task or delivery orders on multiple contract awards totaling
$1,000,000 or more; task or delivery orders greater than
$10,000,000 from multi-year funds; or sole-source grant awards.
Notifications shall include a description of the project or
projects or activities to be funded and the location, including
city, county, and state. If the Secretary determines that
compliance would pose substantial risk to health, human life,
or safety, an award may be made without prior notification but
the Committees shall be notified within 5 full business days
after such award or letter is issued.
Section 508. The agreement continues a provision
prohibiting all agencies from purchasing, constructing, or
leasing additional facilities for federal law enforcement
training without advance notification to the Committees.
Section 509. The agreement continues a provision
prohibiting the use of funds for any construction, repair,
alteration, or acquisition project for which a prospectus, if
required under chapter 33 of title 40, United States Code, has
not been approved.
Section 510. The agreement continues a provision that
includes and consolidates by reference prior-year statutory
provisions related to a contracting officer's technical
representative training; sensitive security information; and
the use of funds in conformance with section 303 of the Energy
Policy Act of 1992.
Section 511. The agreement continues a provision
prohibiting the use of funds in contravention of the Buy
American Act.
Section 512. The agreement continues a provision regarding
the oath of allegiance required by section 337 of the
Immigration and Nationality Act.
Section 513. The agreement continues a provision that
precludes DHS from using funds in this Act to carry out
reorganization authority. This prohibition is not intended to
prevent the Department from carrying out routine or small
reallocations of personnel or functions within components,
subject to section 503 of this Act. This section prevents
large-scale reorganization of the Department, which should be
acted on legislatively by the relevant congressional committees
of jurisdiction. Any DHS proposal to reorganize components that
is included as part of a budget request will be considered by
the Committees.
Section 514. The agreement continues a provision
prohibiting funds for planning, testing, piloting, or
developing a national identification card.
Section 515. The agreement continues a provision directing
that any official required by this Act to report or certify to
the Committees on Appropriations may not delegate such
authority unless expressly authorized to do so in this Act.
Section 516. The agreement continues a provision
prohibiting the use of funds for the transfer or release of
individuals detained at United States Naval Station, Guantanamo
Bay, Cuba into or within the United States.
Section 517. The agreement continues a provision
prohibiting funds in this Act to be used for first-class
travel.
Section 518. The agreement continues a provision
prohibiting the use of funds to employ illegal workers as
described in Section 274A(h)(3) of the Immigration and
Nationality Act.
Section 519. The agreement continues a provision
prohibiting funds appropriated or otherwise made available by
this Act to pay for award or incentive fees for contractors
with below satisfactory performance or performance that fails
to meet the basic requirements of the contract.
Section 520. The agreement continues a provision
prohibiting the use of funds to enter into a federal contract
unless the contract meets requirements of the Federal Property
and Administrative Services Act of 1949 or chapter 137 of title
10 U.S.C., and the Federal Acquisition Regulation, unless the
contract is otherwise authorized by statute without regard to
this section.
Section 521. The agreement continues a provision requiring
DHS computer systems to block electronic access to pornography,
except for law enforcement purposes.
Section 522. The agreement continues a provision regarding
the transfer of firearms by federal law enforcement personnel.
Section 523. The agreement continues a provision regarding
funding restrictions and reporting requirements related to
conferences occurring outside of the United States.
Section 524. The agreement continues a provision
prohibiting funds to reimburse any Federal department or agency
for its participation in a National Special Security Event.
Section 525. The agreement continues a provision requiring
a notification, including justification materials, prior to
implementing any structural pay reform that affects more than
100 FTPs or costs more than $5,000,000.
Section 526. The agreement continues a provision directing
the Department to post on a public website reports required by
the Committees on Appropriations unless public posting
compromises homeland or national security or contains
proprietary information.
Section 527. The agreement continues a provision
authorizing minor procurement, construction, and improvements
under Operations and Support accounts.
Section 528. The agreement continues a provision related to
the Arms Trade Treaty.
Section 529. The agreement continues a provision to
authorize discretionary funding for primary and secondary
schooling of dependents in areas in territories that meet
certain criteria. The provision provides limitations on the
type of eligible funding sources.
Section 530. The agreement continues a provision providing
$41,000,000 for ``Federal Emergency Management Agency--Federal
Assistance'' to reimburse extraordinary law enforcement
personnel overtime costs for protection activities directly and
demonstrably associated with a residence of the President that
is designated for protection.
Section 531. The bill continues and modifies a provision
extending other transaction authority for the Department
through fiscal year 2020.
Section 532. The agreement includes and modifies a
provision regarding congressional visits to detention
facilities.
Section 533. The agreement includes a provision prohibiting
the use of funds to use restraints on pregnant detainees in DHS
custody except in certain circumstances.
Section 534. The agreement continues a provision
prohibiting the use of funds for the destruction of records
related to the sexual abuse or assault of detainees in custody.
Section 535. The agreement continues a provision
prohibiting funds for the Principal Federal Official during a
Stafford Act declared disaster or emergency, with certain
exceptions.
Section 536. The agreement continues a provision concerning
offsets for fee increase proposals.
Section 537. The agreement includes a new provision
rescinding emergency supplemental funding.
Section 538. The agreement includes a provision rescinding
unobligated balances from specified sources.
Section 539. The agreement includes a provision rescinding
lapsed balances pursuant to Section 505 of this bill.
Section 540. The agreement includes a provision rescinding
unobligated balances from the Disaster Relief Fund.
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