[House Prints, 116th Congress]
[From the U.S. Government Publishing Office]
116th Congress }
HOUSE OF REPRESENTATIVES
2d Session }
_______________________________________________________________________
FURTHER CONSOLIDATED APPROPRIATIONS ACT, 2020
__________
COMMITTEE PRINT
of the
COMMITTEE ON APPROPRIATIONS
U.S. HOUSE OF REPRESENTATIVES
on
H.R. 1865 / Public Law 116-94
[Legislative Text and Explanatory Statement]
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
January 2020
U.S. GOVERNMENT PUBLISHING OFFICE
38-679 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 Further Consolidated
Act............................................................ 1
DIVISION A--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND
EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2020
Title I--Department of Labor..................................... 11
Title II--Department of Health and Human Services................ 30
Title III--Department of Education............................... 62
Title IV--Related Agencies....................................... 73
Title V--General Provisions...................................... 81
DIVISION A--Explanatory Statement................................ 89
DIVISION B--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2020
Title I--Agricultural Programs................................... 253
Title II--Farm Production and Conservation Programs.............. 262
Title III--Rural Development Programs............................ 267
Title IV--Domestic Food Programs................................. 276
Title V--Foreign Assistance and Related Programs................. 278
Title VI--Related Agencies and Food and Drug Administration...... 280
Title VII--General Provisions.................................... 284
DIVISION B--Explanatory Statement................................ 305
DIVISION C--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES
APPROPRIATIONS ACT, 2020
Title I--Corps of Engineers--Civil............................... 365
Title II--Department of the Interior............................. 370
Title III--Department of Energy.................................. 375
Title IV--Independent Agencies................................... 387
Title V--General Provisions...................................... 390
DIVISION C--Explanatory Statement................................ 393
DIVISION D--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2020
Title I--Department of the Interior.............................. 511
Title II--Environmental Protection Agency........................ 541
Title III--Related Agencies...................................... 550
Title IV--General Provisions..................................... 568
DIVISION D--Explanatory Statement................................ 581
DIVISION E--LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2020
Title I--Legislative Branch...................................... 703
Title II--General Provisions..................................... 721
DIVISION E--Explanatory Statement................................ 731
(iii)
iv
DIVISION F--MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2020
Page
Title I--Department of Defense................................... 763
Title II--Department of Veterans Affairs......................... 772
Title III--Related Agencies...................................... 794
Title IV--Overseas Contingency Operations........................ 796
Title V--Natural Disaster Relief................................. 797
Title VI--General Provisions..................................... 799
DIVISION F--Explanatory Statement................................ 803
DIVISION G--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED
PROGRAMS APPROPRIATIONS ACT, 2020
Title I--Department of State and Related Agency.................. 893
Title II--United States Agency for International Development..... 903
Title III--Bilateral Economic Assistance......................... 904
Title IV--International Security Assistance...................... 911
Title V--Multilateral Assistance................................. 915
Title VI--Export and Investment Assistance....................... 917
Title VII--General Provisions.................................... 920
DIVISION G--Explanatory Statement................................ 1015
DIVISION H--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2020
Title I--Department of Transportation............................ 1077
Title II--Department of Housing and Urban Development............ 1118
Title III--Related Agencies...................................... 1158
Title IV--General Provisions--This Act........................... 1160
DIVISION H--Explanatory Statement................................ 1167
v
Clerk's Note
This committee print provides a compilation of the enacted
text and applicable explanatory material for the Further
Consolidated Appropriations Act, 2020 (H.R. 1865, P.L. 116-94).
This Act consists of eight divisions related to
Appropriations matters (divisions A through H). The Act also
includes eight additional divisions unrelated to appropriations
matters (divisions I through P). This compilation includes only
the divisions related to appropriations matters. It also
includes the front section of the Act, which contains
provisions applicable to the entire Act.
Divisions A through H are the products 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.
The legislative text resulting from these negotiations 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. 1865. 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 116-94.
---------------------------------------------------------------------------
\1\ The House agreed to the amendment by a vote of 297-120 (Roll
Call No. 689). The Senate agreed to the amendment by a vote of 71-23
(Roll Call Vote No. 415).
---------------------------------------------------------------------------
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. 1865. An Explanatory Statement relating to the House
amendment to H.R. 1865 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 H of this Act as if it
were a joint explanatory statement of a committee of
conference.''
---------------------------------------------------------------------------
\2\ The Explanatory Statement appears on pages H11061-H11484 in
Book III 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. 1865; P.L. 116-94)
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 ``Further Consolidated
Appropriations Act, 2020''.
SEC. 2. TABLE OF CONTENTS.
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
Sec. 4. Explanatory statement.
Sec. 5. Statement of appropriations.
Sec. 6. Availability of funds.
Sec. 7. Adjustments to compensation.
Sec. 8 Office of Management and Budget Reporting Requirements.
DIVISION A--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND
EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2020
Title I--Department of Labor
Title II--Department of Health and Human Services
Title III--Department of Education
Title IV--Related Agencies
Title V--General Provisions
DIVISION B--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2020
Title I--Agricultural Programs
Title II--Farm Production and Conservation Programs
Title III--Rural Development Programs
Title IV--Domestic Food Programs
Title V--Foreign Assistance and Related Programs
Title VI--Related Agencies and Food and Drug Administration
Title VII--General Provisions
DIVISION C--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES
APPROPRIATIONS ACT, 2020
Title I--Corps of Engineers--Civil
Title II--Department of the Interior
Title III--Department of Energy
Title IV--Independent Agencies
Title V--General Provisions
DIVISION D--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2020
Title I--Department of the Interior
Title II--Environmental Protection Agency
Title III--Related Agencies
Title IV--General Provisions
DIVISION E--LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2020
Title I--Legislative Branch
Title II--General Provisions
DIVISION F--MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2020
Title I--Department of Defense
Title II--Department of Veterans Affairs
Title III--Related Agencies
Title IV--Overseas Contingency Operations
Title V--Natural Disaster Relief
Title VI--General Provisions
DIVISION G--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED
PROGRAMS APPROPRIATIONS ACT, 2020
Title I--Department of State and Related Agency
Title II--United States Agency for International Development
Title III--Bilateral Economic Assistance
Title IV--International Security Assistance
Title V--Multilateral Assistance
Title VI--Export and Investment Assistance
Title VII--General Provisions
DIVISION H--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2020
Title I--Department of Transportation
Title II--Department of Housing and Urban Development
Title III--Related Agencies
Title IV--General Provisions--This Act
SEC. 3. REFERENCES.
Except as expressly provided otherwise, any reference to
``this Act'' contained in any division of this Act shall be
treated as referring only to the provisions of that division.
SEC. 4. EXPLANATORY STATEMENT.
The explanatory statement regarding this Act, printed in the
House section of the Congressional Record on or about December
17, 2019, and submitted by the Chairwoman of the Committee on
Appropriations of the House, shall have the same effect with
respect to the allocation of funds and implementation of
divisions A through H of this Act as if it were a joint
explanatory statement of a committee of conference.
SEC. 5. STATEMENT OF APPROPRIATIONS.
The following sums in this Act are appropriated, out of any
money in the Treasury not otherwise appropriated, for the
fiscal year ending September 30, 2020.
SEC. 6. AVAILABILITY OF FUNDS.
(a) Each amount designated in this Act by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of 1985
shall be available (or rescinded, if applicable) only if the
President subsequently so designates all such amounts and
transmits such designations to the Congress.
(b) Each amount designated in this Act by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985 shall be available (or
rescinded, if applicable) only if the President subsequently so
designates all such amounts and transmits such designations to
the Congress.
SEC. 7. ADJUSTMENTS TO COMPENSATION.
Notwithstanding any other provision of law, no adjustment
shall be made under section 601(a) of the Legislative
Reorganization Act of 1946 (2 U.S.C. 4501) (relating to cost of
living adjustments for Members of Congress) during fiscal year
2020.
SEC. 8. OFFICE OF MANAGEMENT AND BUDGET REPORTING REQUIREMENTS.
(a) As of the date of enactment of this Act, section 150 of
the Continuing Appropriations Act, 2020 (division A of Public
Law 116-59), as added by the Further Continuing Appropriations
Act, 2020 (division A of Public Law 116-69), shall no longer
have any force or effect.
(b) Notwithstanding the ``7 calendar days'' requirement in
section 251(a)(7)(B) of the Balanced Budget and Emergency
Deficit Control Act of 1985 (2 U.S.C. 901(a)(7)(B)), for any
appropriations Act for fiscal year 2020 enacted before January
1, 2020, the Office of Management and Budget shall transmit to
the Congress its report under that section estimating the
discretionary budgetary effects of such Acts not later than
January 15, 2020.
[Clerk's note.--Reproduced below are the introductory
paragraphs of the Explanatory Statement regarding H.R. 1865,
the Further 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 H11061, Book
III.
---------------------------------------------------------------------------
EXPLANATORY STATEMENT SUBMITTED BY MRS. LOWEY, CHAIRWOMAN OF THE HOUSE
COMMITTEE ON APPROPRIATIONS REGARDING H.R. 1865, FURTHER CONSOLIDATED
APPROPRIATIONS ACT, 2020
The following is an explanation of the Further Consolidated
Appropriations Act, 2020. This Act includes 8 regular
appropriations bills for fiscal year 2020. The divisions
contained in the Act are as follows:
Division A--Departments of Labor, Health and Human
Services, and Education, and Related Agencies Appropriations
Act, 2020
Division B--Agriculture, Rural Development, Food
and Drug Administration, and Related Agencies Appropriations
Act, 2020
Division C--Energy and Water Development and
Related Agencies Appropriations Act, 2020
Division D--Department of the Interior,
Environment, and Related Agencies Appropriations Act, 2020
Division E--Legislative Branch Appropriations Act,
2020
Division F--Military Construction, Veterans
Affairs, and Related Agencies Appropriations Act, 2020
Division G--Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2020
Division H--Transportation, Housing and Urban
Development, and Related Agencies Appropriations Act, 2020
=======================================================================
[House Appropriations Committee Print]
Consolidated Appropriations Act, 2020
(H.R. 1865; P.L. 116-94)
DIVISION A--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND
EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2020
=======================================================================
DIVISION A--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND
EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2020
TITLE I
DEPARTMENT OF LABOR
Employment and Training Administration
training and employment services
For necessary expenses of the Workforce Innovation and
Opportunity Act (referred to in this Act as ``WIOA'') and the
National Apprenticeship Act, $3,611,200,000, plus
reimbursements, shall be available. Of the amounts provided:
(1) for grants to States for adult employment and
training activities, youth activities, and dislocated
worker employment and training activities,
$2,819,832,000 as follows:
(A) $854,649,000 for adult employment and
training activities, of which $142,649,000
shall be available for the period July 1, 2020
through June 30, 2021, and of which
$712,000,000 shall be available for the period
October 1, 2020 through June 30, 2021;
(B) $913,130,000 for youth activities, which
shall be available for the period April 1, 2020
through June 30, 2021; and
(C) $1,052,053,000 for dislocated worker
employment and training activities, of which
$192,053,000 shall be available for the period
July 1, 2020 through June 30, 2021, and of
which $860,000,000 shall be available for the
period October 1, 2020 through June 30, 2021:
Provided, That the funds available for allotment to
outlying areas to carry out subtitle B of title I of
the WIOA shall not be subject to the requirements of
section 127(b)(1)(B)(ii) of such Act; and
(2) for national programs, $791,368,000 as follows:
(A) $270,859,000 for the dislocated workers
assistance national reserve, of which
$70,859,000 shall be available for the period
July 1, 2020 through September 30, 2021, and of
which $200,000,000 shall be available for the
period October 1, 2020 through September 30,
2021: Provided, That funds provided to carry
out section 132(a)(2)(A) of the WIOA may be
used to provide assistance to a State for
statewide or local use in order to address
cases where there have been worker dislocations
across multiple sectors or across multiple
local areas and such workers remain dislocated;
coordinate the State workforce development plan
with emerging economic development needs; and
train such eligible dislocated workers:
Provided further, That funds provided to carry
out sections 168(b) and 169(c) of the WIOA may
be used for technical assistance and
demonstration projects, respectively, that
provide assistance to new entrants in the
workforce and incumbent workers: Provided
further, That notwithstanding section 168(b) of
the WIOA, of the funds provided under this
subparagraph, the Secretary of Labor (referred
to in this title as ``Secretary'') may reserve
not more than 10 percent of such funds to
provide technical assistance and carry out
additional activities related to the transition
to the WIOA: Provided further, That of the
funds provided under this subparagraph,
$70,000,000 shall be for training and
employment assistance under sections 168(b),
169(c) (notwithstanding the 10 percent
limitation in such section) and 170 of the WIOA
as follows:
(i) $30,000,000 shall be for workers
in the Appalachian region, as defined
by 40 U.S.C. 14102(a)(1) and workers in
the Lower Mississippi, as defined in
section 4(2) of the Delta Development
Act (Public Law 100-460, 102 Stat.
2246; 7 U.S.C. 2009aa(2));
(ii) $40,000,000 shall be for the
purpose of developing, offering, or
improving educational or career
training programs at community
colleges, defined as public
institutions of higher education, as
described in section 101(a) of the
Higher Education Act and at which the
associate's degree is primarily the
highest degree awarded, with other
eligible institutions of higher
education, as defined in section 101(a)
of the Higher Education Act, eligible
to participate through consortia, with
community colleges as the lead grantee:
Provided, That the Secretary shall
follow the requirements for the program
in House Report 116-62: Provided
further, That any grant funds used for
apprenticeships shall be used to
support only apprenticeship programs
registered under the National
Apprenticeship Act and as referred to
in section 3(7)(B) of the Workforce
Innovation and Opportunity Act;
(B) $55,000,000 for Native American programs
under section 166 of the WIOA, which shall be
available for the period July 1, 2020 through
June 30, 2021;
(C) $91,896,000 for migrant and seasonal
farmworker programs under section 167 of the
WIOA, including $85,229,000 for formula grants
(of which not less than 70 percent shall be for
employment and training services), $6,122,000
for migrant and seasonal housing (of which not
less than 70 percent shall be for permanent
housing), and $545,000 for other discretionary
purposes, which shall be available for the
period April 1, 2020 through June 30, 2021:
Provided, That notwithstanding any other
provision of law or related regulation, the
Department of Labor shall take no action
limiting the number or proportion of eligible
participants receiving related assistance
services or discouraging grantees from
providing such services;
(D) $94,534,000 for YouthBuild activities as
described in section 171 of the WIOA, which
shall be available for the period April 1, 2020
through June 30, 2021;
(E) $98,079,000 for ex-offender activities,
under the authority of section 169 of the WIOA,
which shall be available for the period April
1, 2020 through June 30, 2021: Provided, That
of this amount, $25,000,000 shall be for
competitive grants to national and regional
intermediaries for activities that prepare
young ex-offenders and school dropouts for
employment, with a priority for projects
serving high-crime, high-poverty areas;
(F) $6,000,000 for the Workforce Data Quality
Initiative, under the authority of section 169
of the WIOA, which shall be available for the
period July 1, 2020 through June 30, 2021; and
(G) $175,000,000 to expand opportunities
through apprenticeships only registered under
the National Apprenticeship Act and as referred
to in section 3(7)(B) of the WIOA, to be
available to the Secretary to carry out
activities through grants, cooperative
agreements, contracts and other arrangements,
with States and other appropriate entities,
which shall be available for the period July 1,
2020 through June 30, 2021.
job corps
(including transfer of funds)
To carry out subtitle C of title I of the WIOA, including
Federal administrative expenses, the purchase and hire of
passenger motor vehicles, the construction, alteration, and
repairs of buildings and other facilities, and the purchase of
real property for training centers as authorized by the WIOA,
$1,743,655,000, plus reimbursements, as follows:
(1) $1,603,325,000 for Job Corps Operations, which
shall be available for the period July 1, 2020 through
June 30, 2021;
(2) $108,000,000 for construction, rehabilitation and
acquisition of Job Corps Centers, which shall be
available for the period July 1, 2020 through June 30,
2023, and which may include the acquisition,
maintenance, and repair of major items of equipment:
Provided, That the Secretary may transfer up to 15
percent of such funds to meet the operational needs of
such centers or to achieve administrative efficiencies:
Provided further, That any funds transferred pursuant
to the preceding provision shall not be available for
obligation after June 30, 2021: Provided further, That
the Committees on Appropriations of the House of
Representatives and the Senate are notified at least 15
days in advance of any transfer; and
(3) $32,330,000 for necessary expenses of Job Corps,
which shall be available for obligation for the period
October 1, 2019 through September 30, 2020:
Provided, That no funds from any other appropriation shall be
used to provide meal services at or for Job Corps centers.
community service employment for older americans
To carry out title V of the Older Americans Act of 1965
(referred to in this Act as ``OAA''), $405,000,000, which shall
be available for the period April 1, 2020 through June 30,
2021, and may be recaptured and reobligated in accordance with
section 517(c) of the OAA.
federal unemployment benefits and allowances
For payments during fiscal year 2020 of trade adjustment
benefit payments and allowances under part I of subchapter B of
chapter 2 of title II of the Trade Act of 1974, and section 246
of that Act; and for training, employment and case management
services, allowances for job search and relocation, and related
State administrative expenses under part II of subchapter B of
chapter 2 of title II of the Trade Act of 1974, and including
benefit payments, allowances, training, employment and case
management services, and related State administration provided
pursuant to section 231(a) of the Trade Adjustment Assistance
Extension Act of 2011 and section 405(a) of the Trade
Preferences Extension Act of 2015, $680,000,000 together with
such amounts as may be necessary to be charged to the
subsequent appropriation for payments for any period subsequent
to September 15, 2020: Provided, That notwithstanding section
502 of this Act, any part of the appropriation provided under
this heading may remain available for obligation beyond the
current fiscal year pursuant to the authorities of section
245(c) of the Trade Act of 1974 (19 U.S.C. 2317(c)).
state unemployment insurance and employment service operations
For authorized administrative expenses, $84,066,000, together
with not to exceed $3,290,583,000 which may be expended from
the Employment Security Administration Account in the
Unemployment Trust Fund (``the Trust Fund''), of which:
(1) $2,540,816,000 from the Trust Fund is for grants
to States for the administration of State unemployment
insurance laws as authorized under title III of the
Social Security Act (including not less than
$175,000,000 to carry out reemployment services and
eligibility assessments under section 306 of such Act,
any claimants of regular compensation, as defined in
such section, including those who are profiled as most
likely to exhaust their benefits, may be eligible for
such services and assessments: Provided, That of such
amount, $117,000,000 is specified for grants under
section 306 of the Social Security Act and is provided
to meet the terms of section 251(b)(2)(E)(ii) of the
Balanced Budget and Emergency Deficit Control Act of
1985, as amended, and $58,000,000 is additional new
budget authority specified for purposes of section
251(b)(2)(E)(i)(II) of such Act; and $9,000,000 for
continued support of the Unemployment Insurance
Integrity Center of Excellence), the administration of
unemployment insurance for Federal employees and for
ex-service members as authorized under 5 U.S.C. 8501-
8523, and the administration of trade readjustment
allowances, reemployment trade adjustment assistance,
and alternative trade adjustment assistance under the
Trade Act of 1974 and under section 231(a) of the Trade
Adjustment Assistance Extension Act of 2011 and section
405(a) of the Trade Preferences Extension Act of 2015,
and shall be available for obligation by the States
through December 31, 2020, except that funds used for
automation shall be available for Federal obligation
through December 31, 2020, and for State obligation
through September 30, 2022, or, if the automation is
being carried out through consortia of States, for
State obligation through September 30, 2026, and for
expenditure through September 30, 2027, and funds for
competitive grants awarded to States for improved
operations and to conduct in-person reemployment and
eligibility assessments and unemployment insurance
improper payment reviews and provide reemployment
services and referrals to training, as appropriate,
shall be available for Federal obligation through
December 31, 2020, and for obligation by the States
through September 30, 2022, and funds for the
Unemployment Insurance Integrity Center of Excellence
shall be available for obligation by the State through
September 30, 2021, and funds used for unemployment
insurance workloads experienced through September 30,
2020 shall be available for Federal obligation through
December 31, 2020;
(2) $12,000,000 from the Trust Fund is for national
activities necessary to support the administration of
the Federal-State unemployment insurance system;
(3) $646,639,000 from the Trust Fund, together with
$21,413,000 from the General Fund of the Treasury, is
for grants to States in accordance with section 6 of
the Wagner-Peyser Act, and shall be available for
Federal obligation for the period July 1, 2020 through
June 30, 2021;
(4) $22,318,000 from the Trust Fund is for national
activities of the Employment Service, including
administration of the work opportunity tax credit under
section 51 of the Internal Revenue Code of 1986, and
the provision of technical assistance and staff
training under the Wagner-Peyser Act;
(5) $68,810,000 from the Trust Fund is for the
administration of foreign labor certifications and
related activities under the Immigration and
Nationality Act and related laws, of which $54,528,000
shall be available for the Federal administration of
such activities, and $14,282,000 shall be available for
grants to States for the administration of such
activities; and
(6) $62,653,000 from the General Fund is to provide
workforce information, national electronic tools, and
one-stop system building under the Wagner-Peyser Act
and shall be available for Federal obligation for the
period July 1, 2020 through June 30, 2021:
Provided, That to the extent that the Average Weekly Insured
Unemployment (``AWIU'') for fiscal year 2020 is projected by
the Department of Labor to exceed 1,706,000, an additional
$28,600,000 from the Trust Fund shall be available for
obligation for every 100,000 increase in the AWIU level
(including a pro rata amount for any increment less than
100,000) to carry out title III of the Social Security Act:
Provided further, That funds appropriated in this Act that are
allotted to a State to carry out activities under title III of
the Social Security Act may be used by such State to assist
other States in carrying out activities under such title III if
the other States include areas that have suffered a major
disaster declared by the President under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act: Provided
further, That the Secretary may use funds appropriated for
grants to States under title III of the Social Security Act to
make payments on behalf of States for the use of the National
Directory of New Hires under section 453(j)(8) of such Act:
Provided further, That the Secretary may use funds appropriated
for grants to States under title III of the Social Security Act
to make payments on behalf of States to the entity operating
the State Information Data Exchange System: Provided further,
That funds appropriated in this Act which are used to establish
a national one-stop career center system, or which are used to
support the national activities of the Federal-State
unemployment insurance, employment service, or immigration
programs, may be obligated in contracts, grants, or agreements
with States and non-State entities: Provided further, That
States awarded competitive grants for improved operations under
title III of the Social Security Act, or awarded grants to
support the national activities of the Federal-State
unemployment insurance system, may award subgrants to other
States and non-State entities under such grants, subject to the
conditions applicable to the grants: Provided further, That
funds appropriated under this Act for activities authorized
under title III of the Social Security Act and the Wagner-
Peyser Act may be used by States to fund integrated
Unemployment Insurance and Employment Service automation
efforts, notwithstanding cost allocation principles prescribed
under the final rule entitled ``Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for
Federal Awards'' at part 200 of title 2, Code of Federal
Regulations: Provided further, That the Secretary, at the
request of a State participating in a consortium with other
States, may reallot funds allotted to such State under title
III of the Social Security Act to other States participating in
the consortium or to the entity operating the Unemployment
Insurance Information Technology Support Center in order to
carry out activities that benefit the administration of the
unemployment compensation law of the State making the request:
Provided further, That the Secretary may collect fees for the
costs associated with additional data collection, analyses, and
reporting services relating to the National Agricultural
Workers Survey requested by State and local governments, public
and private institutions of higher education, and nonprofit
organizations and may utilize such sums, in accordance with the
provisions of 29 U.S.C. 9a, for the National Agricultural
Workers Survey infrastructure, methodology, and data to meet
the information collection and reporting needs of such
entities, which shall be credited to this appropriation and
shall remain available until September 30, 2021, for such
purposes.
advances to the unemployment trust fund and other funds
For repayable advances to the Unemployment Trust Fund as
authorized by sections 905(d) and 1203 of the Social Security
Act, and to the Black Lung Disability Trust Fund as authorized
by section 9501(c)(1) of the Internal Revenue Code of 1986; and
for nonrepayable advances to the revolving fund established by
section 901(e) of the Social Security Act, to the Unemployment
Trust Fund as authorized by 5 U.S.C. 8509, and to the ``Federal
Unemployment Benefits and Allowances'' account, such sums as
may be necessary, which shall be available for obligation
through September 30, 2021.
program administration
For expenses of administering employment and training
programs, $108,674,000, together with not to exceed $49,982,000
which may be expended from the Employment Security
Administration Account in the Unemployment Trust Fund.
Employee Benefits Security Administration
salaries and expenses
For necessary expenses for the Employee Benefits Security
Administration, $181,000,000, of which up to $3,000,000 shall
be made available through September 30, 2021, for the
procurement of expert witnesses for enforcement litigation.
Pension Benefit Guaranty Corporation
pension benefit guaranty corporation fund
The Pension Benefit Guaranty Corporation (``Corporation'') is
authorized to make such expenditures, including financial
assistance authorized by subtitle E of title IV of the Employee
Retirement Income Security Act of 1974, within limits of funds
and borrowing authority available to the Corporation, and in
accord with law, and to make such contracts and commitments
without regard to fiscal year limitations, as provided by 31
U.S.C. 9104, as may be necessary in carrying out the program,
including associated administrative expenses, through September
30, 2020, for the Corporation: Provided, That none of the
funds available to the Corporation for fiscal year 2020 shall
be available for obligations for administrative expenses in
excess of $452,858,000: Provided further, That to the extent
that the number of new plan participants in plans terminated by
the Corporation exceeds 100,000 in fiscal year 2020, an amount
not to exceed an additional $9,200,000 shall be available
through September 30, 2024, for obligations for administrative
expenses for every 20,000 additional terminated participants:
Provided further, That obligations in excess of the amounts
provided for administrative expenses in this paragraph may be
incurred and shall be available through September 30, 2024 for
obligation for unforeseen and extraordinary pre-termination or
termination expenses or extraordinary multiemployer program
related expenses after approval by the Office of Management and
Budget and notification of the Committees on Appropriations of
the House of Representatives and the Senate: Provided further,
That an additional amount shall be available for obligation
through September 30, 2024 to the extent the Corporation's
costs exceed $250,000 for the provision of credit or identity
monitoring to affected individuals upon suffering a security
incident or privacy breach, not to exceed an additional $100
per affected individual.
Wage and Hour Division
salaries and expenses
For necessary expenses for the Wage and Hour Division,
including reimbursement to State, Federal, and local agencies
and their employees for inspection services rendered,
$242,000,000.
Office of Labor-Management Standards
salaries and expenses
For necessary expenses for the Office of Labor-Management
Standards, $43,187,000.
Office of Federal Contract Compliance Programs
salaries and expenses
For necessary expenses for the Office of Federal Contract
Compliance Programs, $105,976,000.
Office of Workers' Compensation Programs
salaries and expenses
For necessary expenses for the Office of Workers'
Compensation Programs, $115,424,000, together with $2,177,000
which may be expended from the Special Fund in accordance with
sections 39(c), 44(d), and 44(j) of the Longshore and Harbor
Workers' Compensation Act.
special benefits
(including transfer of funds)
For the payment of compensation, benefits, and expenses
(except administrative expenses) accruing during the current or
any prior fiscal year authorized by 5 U.S.C. 81; continuation
of benefits as provided for under the heading ``Civilian War
Benefits'' in the Federal Security Agency Appropriation Act,
1947; the Employees' Compensation Commission Appropriation Act,
1944; section 5(f) of the War Claims Act (50 U.S.C. App. 2012);
obligations incurred under the War Hazards Compensation Act (42
U.S.C. 1701 et seq.); and 50 percent of the additional
compensation and benefits required by section 10(h) of the
Longshore and Harbor Workers' Compensation Act, $234,600,000,
together with such amounts as may be necessary to be charged to
the subsequent year appropriation for the payment of
compensation and other benefits for any period subsequent to
August 15 of the current year, for deposit into and to assume
the attributes of the Employees' Compensation Fund established
under 5 U.S.C. 8147(a): Provided, That amounts appropriated
may be used under 5 U.S.C. 8104 by the Secretary to reimburse
an employer, who is not the employer at the time of injury, for
portions of the salary of a re-employed, disabled beneficiary:
Provided further, That balances of reimbursements unobligated
on September 30, 2019, shall remain available until expended
for the payment of compensation, benefits, and expenses:
Provided further, That in addition there shall be transferred
to this appropriation from the Postal Service and from any
other corporation or instrumentality required under 5 U.S.C.
8147(c) to pay an amount for its fair share of the cost of
administration, such sums as the Secretary determines to be the
cost of administration for employees of such fair share
entities through September 30, 2020: Provided further, That of
those funds transferred to this account from the fair share
entities to pay the cost of administration of the Federal
Employees' Compensation Act, $74,777,000 shall be made
available to the Secretary as follows:
(1) For enhancement and maintenance of automated data
processing systems operations and telecommunications
systems, $24,540,000;
(2) For automated workload processing operations,
including document imaging, centralized mail intake,
and medical bill processing, $22,968,000;
(3) For periodic roll disability management and
medical review, $25,535,000;
(4) For program integrity, $1,734,000; and
(5) The remaining funds shall be paid into the
Treasury as miscellaneous receipts:
Provided further, That the Secretary may require that any
person filing a notice of injury or a claim for benefits under
5 U.S.C. 81, or the Longshore and Harbor Workers' Compensation
Act, provide as part of such notice and claim, such identifying
information (including Social Security account number) as such
regulations may prescribe.
special benefits for disabled coal miners
For carrying out title IV of the Federal Mine Safety and
Health Act of 1977, as amended by Public Law 107-275,
$20,970,000, to remain available until expended.
For making after July 31 of the current fiscal year, benefit
payments to individuals under title IV of such Act, for costs
incurred in the current fiscal year, such amounts as may be
necessary.
For making benefit payments under title IV for the first
quarter of fiscal year 2021, $14,000,000, to remain available
until expended.
administrative expenses, energy employees occupational illness
compensation fund
For necessary expenses to administer the Energy Employees
Occupational Illness Compensation Program Act, $59,846,000, to
remain available until expended: Provided, That the Secretary
may require that any person filing a claim for benefits under
the Act provide as part of such claim such identifying
information (including Social Security account number) as may
be prescribed.
black lung disability trust fund
(including transfer of funds)
Such sums as may be necessary from the Black Lung Disability
Trust Fund (the ``Fund''), to remain available until expended,
for payment of all benefits authorized by section 9501(d)(1),
(2), (6), and (7) of the Internal Revenue Code of 1986; and
repayment of, and payment of interest on advances, as
authorized by section 9501(d)(4) of that Act. In addition, the
following amounts may be expended from the Fund for fiscal year
2020 for expenses of operation and administration of the Black
Lung Benefits program, as authorized by section 9501(d)(5): not
to exceed $38,246,000 for transfer to the Office of Workers'
Compensation Programs, ``Salaries and Expenses''; not to exceed
$32,844,000 for transfer to Departmental Management, ``Salaries
and Expenses''; not to exceed $330,000 for transfer to
Departmental Management, ``Office of Inspector General''; and
not to exceed $356,000 for payments into miscellaneous receipts
for the expenses of the Department of the Treasury.
Occupational Safety and Health Administration
salaries and expenses
For necessary expenses for the Occupational Safety and Health
Administration, $581,787,000, including not to exceed
$108,575,000 which shall be the maximum amount available for
grants to States under section 23(g) of the Occupational Safety
and Health Act (the ``Act''), which grants shall be no less
than 50 percent of the costs of State occupational safety and
health programs required to be incurred under plans approved by
the Secretary under section 18 of the Act; and, in addition,
notwithstanding 31 U.S.C. 3302, the Occupational Safety and
Health Administration may retain up to $499,000 per fiscal year
of training institute course tuition and fees, otherwise
authorized by law to be collected, and may utilize such sums
for occupational safety and health training and education:
Provided, That notwithstanding 31 U.S.C. 3302, the Secretary is
authorized, during the fiscal year ending September 30, 2020,
to collect and retain fees for services provided to Nationally
Recognized Testing Laboratories, and may utilize such sums, in
accordance with the provisions of 29 U.S.C. 9a, to administer
national and international laboratory recognition programs that
ensure the safety of equipment and products used by workers in
the workplace: Provided further, That none of the funds
appropriated under this paragraph shall be obligated or
expended to prescribe, issue, administer, or enforce any
standard, rule, regulation, or order under the Act which is
applicable to any person who is engaged in a farming operation
which does not maintain a temporary labor camp and employs 10
or fewer employees: Provided further, That no funds
appropriated under this paragraph shall be obligated or
expended to administer or enforce any standard, rule,
regulation, or order under the Act with respect to any employer
of 10 or fewer employees who is included within a category
having a Days Away, Restricted, or Transferred (``DART'')
occupational injury and illness rate, at the most precise
industrial classification code for which such data are
published, less than the national average rate as such rates
are most recently published by the Secretary, acting through
the Bureau of Labor Statistics, in accordance with section 24
of the Act, except--
(1) to provide, as authorized by the Act,
consultation, technical assistance, educational and
training services, and to conduct surveys and studies;
(2) to conduct an inspection or investigation in
response to an employee complaint, to issue a citation
for violations found during such inspection, and to
assess a penalty for violations which are not corrected
within a reasonable abatement period and for any
willful violations found;
(3) to take any action authorized by the Act with
respect to imminent dangers;
(4) to take any action authorized by the Act with
respect to health hazards;
(5) to take any action authorized by the Act with
respect to a report of an employment accident which is
fatal to one or more employees or which results in
hospitalization of two or more employees, and to take
any action pursuant to such investigation authorized by
the Act; and
(6) to take any action authorized by the Act with
respect to complaints of discrimination against
employees for exercising rights under the Act:
Provided further, That the foregoing proviso shall not apply
to any person who is engaged in a farming operation which does
not maintain a temporary labor camp and employs 10 or fewer
employees: Provided further, That $11,537,000 shall be
available for Susan Harwood training grants, of which not less
than $4,500,000 is for Susan Harwood Training Capacity Building
Developmental grants, as described in Funding Opportunity
Number SHTG-FY-16-02 (referenced in the notice of availability
of funds published in the Federal Register on May 3, 2016 (81
Fed. Reg. 30568)) for program activities starting not later
than September 30, 2020 and lasting for a period of 12 months:
Provided further, That not less than $3,500,000 shall be for
Voluntary Protection Programs.
Mine Safety and Health Administration
salaries and expenses
For necessary expenses for the Mine Safety and Health
Administration, $379,816,000, including purchase and bestowal
of certificates and trophies in connection with mine rescue and
first-aid work, and the hire of passenger motor vehicles,
including up to $2,000,000 for mine rescue and recovery
activities and not less than $10,537,000 for State assistance
grants: Provided, That notwithstanding 31 U.S.C. 3302, not to
exceed $750,000 may be collected by the National Mine Health
and Safety Academy for room, board, tuition, and the sale of
training materials, otherwise authorized by law to be
collected, to be available for mine safety and health education
and training activities: Provided further, That
notwithstanding 31 U.S.C. 3302, the Mine Safety and Health
Administration is authorized to collect and retain up to
$2,499,000 from fees collected for the approval and
certification of equipment, materials, and explosives for use
in mines, and may utilize such sums for such activities:
Provided further, That the Secretary is authorized to accept
lands, buildings, equipment, and other contributions from
public and private sources and to prosecute projects in
cooperation with other agencies, Federal, State, or private:
Provided further, That the Mine Safety and Health
Administration is authorized to promote health and safety
education and training in the mining community through
cooperative programs with States, industry, and safety
associations: Provided further, That the Secretary is
authorized to recognize the Joseph A. Holmes Safety Association
as a principal safety association and, notwithstanding any
other provision of law, may provide funds and, with or without
reimbursement, personnel, including service of Mine Safety and
Health Administration officials as officers in local chapters
or in the national organization: Provided further, That any
funds available to the Department of Labor may be used, with
the approval of the Secretary, to provide for the costs of mine
rescue and survival operations in the event of a major
disaster.
Bureau of Labor Statistics
salaries and expenses
For necessary expenses for the Bureau of Labor Statistics,
including advances or reimbursements to State, Federal, and
local agencies and their employees for services rendered,
$587,000,000, together with not to exceed $68,000,000 which may
be expended from the Employment Security Administration account
in the Unemployment Trust Fund.
Within this amount, $27,000,000 to remain available until
September 30, 2024, for costs associated with the physical move
of the Bureau of Labor Statistics' headquarters, including
replication of space, furniture, fixtures, equipment, and
related costs, as well as relocation of the data center to a
shared facility.
Office of Disability Employment Policy
salaries and expenses
For necessary expenses for the Office of Disability
Employment Policy to provide leadership, develop policy and
initiatives, and award grants furthering the objective of
eliminating barriers to the training and employment of people
with disabilities, $38,500,000.
Departmental Management
salaries and expenses
(including transfer of funds)
For necessary expenses for Departmental Management, including
the hire of three passenger motor vehicles, $348,056,000,
together with not to exceed $308,000, which may be expended
from the Employment Security Administration account in the
Unemployment Trust Fund: Provided, That $67,325,000 for the
Bureau of International Labor Affairs shall be available for
obligation through December 31, 2020: Provided further, That
funds available to the Bureau of International Labor Affairs
may be used to administer or operate international labor
activities, bilateral and multilateral technical assistance,
and microfinance programs, by or through contracts, grants,
subgrants and other arrangements: Provided further, That not
more than $53,825,000 shall be for programs to combat
exploitative child labor internationally and not less than
$13,500,000 shall be used to implement model programs that
address worker rights issues through technical assistance in
countries with which the United States has free trade
agreements or trade preference programs: Provided further,
That $8,040,000 shall be used for program evaluation and shall
be available for obligation through September 30, 2021:
Provided further, That funds available for program evaluation
may be used to administer grants for the purpose of evaluation:
Provided further, That grants made for the purpose of
evaluation shall be awarded through fair and open competition:
Provided further, That funds available for program evaluation
may be transferred to any other appropriate account in the
Department for such purpose: Provided further, That the
Committees on Appropriations of the House of Representatives
and the Senate are notified at least 15 days in advance of any
transfer: Provided further, That the funds available to the
Women's Bureau may be used for grants to serve and promote the
interests of women in the workforce: Provided further, That of
the amounts made available to the Women's Bureau, not less than
$1,294,000 shall be used for grants authorized by the Women in
Apprenticeship and Nontraditional Occupations Act.
veterans employment and training
Not to exceed $256,341,000 may be derived from the Employment
Security Administration account in the Unemployment Trust Fund
to carry out the provisions of chapters 41, 42, and 43 of title
38, United States Code, of which:
(1) $180,000,000 is for Jobs for Veterans State
grants under 38 U.S.C. 4102A(b)(5) to support disabled
veterans' outreach program specialists under section
4103A of such title and local veterans' employment
representatives under section 4104(b) of such title,
and for the expenses described in section
4102A(b)(5)(C), which shall be available for obligation
by the States through December 31, 2020, and not to
exceed 3 percent for the necessary Federal expenditures
for data systems and contract support to allow for the
tracking of participant and performance information:
Provided, That, in addition, such funds may be used to
support such specialists and representatives in the
provision of services to transitioning members of the
Armed Forces who have participated in the Transition
Assistance Program and have been identified as in need
of intensive services, to members of the Armed Forces
who are wounded, ill, or injured and receiving
treatment in military treatment facilities or warrior
transition units, and to the spouses or other family
caregivers of such wounded, ill, or injured members;
(2) $29,379,000 is for carrying out the Transition
Assistance Program under 38 U.S.C. 4113 and 10 U.S.C.
1144;
(3) $43,548,000 is for Federal administration of
chapters 41, 42, and 43 of title 38, and sections 2021,
2021A and 2023 of title 38, United States Code:
Provided, That, up to $500,000 may be used to carry out
the Hire VETS Act (division O of Public Law 115-31);
and
(4) $3,414,000 is for the National Veterans'
Employment and Training Services Institute under 38
U.S.C. 4109:
Provided, That the Secretary may reallocate among the
appropriations provided under paragraphs (1) through (4) above
an amount not to exceed 3 percent of the appropriation from
which such reallocation is made.
In addition, from the General Fund of the Treasury,
$55,000,000 is for carrying out programs to assist homeless
veterans and veterans at risk of homelessness who are
transitioning from certain institutions under sections 2021,
2021A, and 2023 of title 38, United States Code: Provided,
That notwithstanding subsections (c)(3) and (d) of section
2023, the Secretary may award grants through September 30,
2020, to provide services under such section: Provided
further, That services provided under sections 2021 or under
2021A may include, in addition to services to homeless veterans
described in section 2002(a)(1), services to veterans who were
homeless at some point within the 60 days prior to program
entry or veterans who are at risk of homelessness within the
next 60 days, and that services provided under section 2023 may
include, in addition to services to the individuals described
in subsection (e) of such section, services to veterans
recently released from incarceration who are at risk of
homelessness: Provided further, That notwithstanding paragraph
(3) under this heading, funds appropriated in this paragraph
may be used for data systems and contract support to allow for
the tracking of participant and performance information:
Provided further, That notwithstanding sections 2021(e)(2) and
2021A(f)(2) of title 38, United States Code, such funds shall
be available for expenditure pursuant to 31 U.S.C. 1553.
In addition, fees may be assessed and deposited in the HIRE
Vets Medallion Award Fund pursuant to section 5(b) of the HIRE
Vets Act, and such amounts shall be available to the Secretary
to carry out the HIRE Vets Medallion Award Program, as
authorized by such Act, and shall remain available until
expended: Provided, That such sums shall be in addition to any
other funds available for such purposes, including funds
available under paragraph (3) of this heading: Provided
further, That section 2(d) of division O of the Consolidated
Appropriations Act, 2017 (Public Law 115-31; 38 U.S.C. 4100
note) shall not apply.
it modernization
For necessary expenses for Department of Labor centralized
infrastructure technology investment activities related to
support systems and modernization, $25,269,000, which shall be
available through September 30, 2021.
office of inspector general
For salaries and expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act of
1978, $85,187,000, together with not to exceed $5,660,000 which
may be expended from the Employment Security Administration
account in the Unemployment Trust Fund.
General Provisions
Sec. 101. None of the funds appropriated by this Act for the
Job Corps shall be used to pay the salary and bonuses of an
individual, either as direct costs or any proration as an
indirect cost, at a rate in excess of Executive Level II.
(transfer of funds)
Sec. 102. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control
Act of 1985) which are appropriated for the current fiscal year
for the Department of Labor in this Act may be transferred
between a program, project, or activity, but no such program,
project, or activity shall be increased by more than 3 percent
by any such transfer: Provided, That the transfer authority
granted by this section shall not be used to create any new
program or to fund any project or activity for which no funds
are provided in this Act: Provided further, That the
Committees on Appropriations of the House of Representatives
and the Senate are notified at least 15 days in advance of any
transfer.
Sec. 103. In accordance with Executive Order 13126, none of
the funds appropriated or otherwise made available pursuant to
this Act shall be obligated or expended for the procurement of
goods mined, produced, manufactured, or harvested or services
rendered, in whole or in part, by forced or indentured child
labor in industries and host countries already identified by
the United States Department of Labor prior to enactment of
this Act.
Sec. 104. Except as otherwise provided in this section, none
of the funds made available to the Department of Labor for
grants under section 414(c) of the American Competitiveness and
Workforce Improvement Act of 1998 (29 U.S.C. 2916a) may be used
for any purpose other than competitive grants for training
individuals who are older than 16 years of age and are not
currently enrolled in school within a local educational agency
in the occupations and industries for which employers are using
H-1B visas to hire foreign workers, and the related activities
necessary to support such training.
Sec. 105. None of the funds made available by this Act under
the heading ``Employment and Training Administration'' shall be
used by a recipient or subrecipient of such funds to pay the
salary and bonuses of an individual, either as direct costs or
indirect costs, at a rate in excess of Executive Level II. This
limitation shall not apply to vendors providing goods and
services as defined in Office of Management and Budget Circular
A-133. Where States are recipients of such funds, States may
establish a lower limit for salaries and bonuses of those
receiving salaries and bonuses from subrecipients of such
funds, taking into account factors including the relative cost-
of-living in the State, the compensation levels for comparable
State or local government employees, and the size of the
organizations that administer Federal programs involved
including Employment and Training Administration programs.
(transfer of funds)
Sec. 106. (a) Notwithstanding section 102, the Secretary may
transfer funds made available to the Employment and Training
Administration by this Act, either directly or through a set-
aside, for technical assistance services to grantees to
``Program Administration'' when it is determined that those
services will be more efficiently performed by Federal
employees: Provided, That this section shall not apply to
section 171 of the WIOA.
(b) Notwithstanding section 102, the Secretary may transfer
not more than 0.5 percent of each discretionary appropriation
made available to the Employment and Training Administration by
this Act to ``Program Administration'' in order to carry out
program integrity activities relating to any of the programs or
activities that are funded under any such discretionary
appropriations: Provided, That notwithstanding section 102 and
the preceding proviso, the Secretary may transfer not more than
0.5 percent of funds made available in paragraphs (1) and (2)
of the ``Office of Job Corps'' account to paragraph (3) of such
account to carry out program integrity activities related to
the Job Corps program: Provided further, That funds
transferred under the authority provided by this subsection
shall be available for obligation through September 30, 2021.
(transfer of funds)
Sec. 107. (a) The Secretary may reserve not more than 0.75
percent from each appropriation made available in this Act
identified in subsection (b) in order to carry out evaluations
of any of the programs or activities that are funded under such
accounts. Any funds reserved under this section shall be
transferred to ``Departmental Management'' for use by the
Office of the Chief Evaluation Officer within the Department of
Labor, and shall be available for obligation through September
30, 2021: Provided, That such funds shall only be available if
the Chief Evaluation Officer of the Department of Labor submits
a plan to the Committees on Appropriations of the House of
Representatives and the Senate describing the evaluations to be
carried out 15 days in advance of any transfer.
(b) The accounts referred to in subsection (a) are:
``Training and Employment Services'', ``Job Corps'',
``Community Service Employment for Older Americans'', ``State
Unemployment Insurance and Employment Service Operations'',
``Employee Benefits Security Administration'', ``Office of
Workers' Compensation Programs'', ``Wage and Hour Division'',
``Office of Federal Contract Compliance Programs'', ``Office of
Labor Management Standards'', ``Occupational Safety and Health
Administration'', ``Mine Safety and Health Administration'',
``Office of Disability Employment Policy'', funding made
available to the ``Bureau of International Labor Affairs'' and
``Women's Bureau'' within the ``Departmental Management,
Salaries and Expenses'' account, and ``Veterans Employment and
Training''.
Sec. 108. (a) Section 7 of the Fair Labor Standards Act of
1938 (29 U.S.C. 207) shall be applied as if the following text
is part of such section:
``(s)(1) The provisions of this section shall not apply for a
period of 2 years after the occurrence of a major disaster to
any employee--
``(A) employed to adjust or evaluate claims resulting
from or relating to such major disaster, by an employer
not engaged, directly or through an affiliate, in
underwriting, selling, or marketing property, casualty,
or liability insurance policies or contracts;
``(B) who receives from such employer on average
weekly compensation of not less than $591.00 per week
or any minimum weekly amount established by the
Secretary, whichever is greater, for the number of
weeks such employee is engaged in any of the activities
described in subparagraph (C); and
``(C) whose duties include any of the following:
``(i) interviewing insured individuals,
individuals who suffered injuries or other
damages or losses arising from or relating to a
disaster, witnesses, or physicians;
``(ii) inspecting property damage or
reviewing factual information to prepare damage
estimates;
``(iii) evaluating and making recommendations
regarding coverage or compensability of claims
or determining liability or value aspects of
claims;
``(iv) negotiating settlements; or
``(v) making recommendations regarding
litigation.
``(2) The exemption in this subsection shall not affect the
exemption provided by section 13(a)(1).
``(3) For purposes of this subsection--
``(A) the term `major disaster' means any disaster or
catastrophe declared or designated by any State or
Federal agency or department;
``(B) the term `employee employed to adjust or
evaluate claims resulting from or relating to such
major disaster' means an individual who timely secured
or secures a license required by applicable law to
engage in and perform the activities described in
clauses (i) through (v) of paragraph (1)(C) relating to
a major disaster, and is employed by an employer that
maintains worker compensation insurance coverage or
protection for its employees, if required by applicable
law, and withholds applicable Federal, State, and local
income and payroll taxes from the wages, salaries and
any benefits of such employees; and
``(C) the term `affiliate' means a company that, by
reason of ownership or control of 25 percent or more of
the outstanding shares of any class of voting
securities of one or more companies, directly or
indirectly, controls, is controlled by, or is under
common control with, another company.''.
(b) This section shall be effective on the date of enactment
of this Act.
Sec. 109. (a) Flexibility With Respect to the Crossing of H-
2B Nonimmigrants Working in the Seafood Industry.--
(1) In general.--Subject to paragraph (2), if a
petition for H-2B nonimmigrants filed by an employer in
the seafood industry is granted, the employer may bring
the nonimmigrants described in the petition into the
United States at any time during the 120-day period
beginning on the start date for which the employer is
seeking the services of the nonimmigrants without
filing another petition.
(2) Requirements for crossings after 90th day.--An
employer in the seafood industry may not bring H-2B
nonimmigrants into the United States after the date
that is 90 days after the start date for which the
employer is seeking the services of the nonimmigrants
unless the employer--
(A) completes a new assessment of the local
labor market by--
(i) listing job orders in local
newspapers on 2 separate Sundays; and
(ii) posting the job opportunity on
the appropriate Department of Labor
Electronic Job Registry and at the
employer's place of employment; and
(B) offers the job to an equally or better
qualified United States worker who--
(i) applies for the job; and
(ii) will be available at the time
and place of need.
(3) Exemption from rules with respect to
staggering.--The Secretary of Labor shall not consider
an employer in the seafood industry who brings H-2B
nonimmigrants into the United States during the 120-day
period specified in paragraph (1) to be staggering the
date of need in violation of section 655.20(d) of title
20, Code of Federal Regulations, or any other
applicable provision of law.
(b) H-2B Nonimmigrants Defined.--In this section, the term
``H-2B nonimmigrants'' means aliens admitted to the United
States pursuant to section 101(a)(15)(H)(ii)(B) of the
Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(H)(ii)(B)).
Sec. 110. The determination of prevailing wage for the
purposes of the H-2B program shall be the greater of--(1) the
actual wage level paid by the employer to other employees with
similar experience and qualifications for such position in the
same location; or (2) the prevailing wage level for the
occupational classification of the position in the geographic
area in which the H-2B nonimmigrant will be employed, based on
the best information available at the time of filing the
petition. In the determination of prevailing wage for the
purposes of the H-2B program, the Secretary shall accept
private wage surveys even in instances where Occupational
Employment Statistics survey data are available unless the
Secretary determines that the methodology and data in the
provided survey are not statistically supported.
Sec. 111. None of the funds in this Act shall be used to
enforce the definition of corresponding employment found in 20
CFR 655.5 or the three-fourths guarantee rule definition found
in 20 CFR 655.20, or any references thereto. Further, for the
purpose of regulating admission of temporary workers under the
H-2B program, the definition of temporary need shall be that
provided in 8 CFR 214.2(h)(6)(ii)(B).
Sec. 112. Notwithstanding any other provision of law, the
Secretary may furnish through grants, cooperative agreements,
contracts, and other arrangements, up to $2,000,000 of excess
personal property, at a value determined by the Secretary, to
apprenticeship programs for the purpose of training apprentices
in those programs.
Sec. 113. (a) The Act entitled ``An Act to create a
Department of Labor'', approved March 4, 1913 (37 Stat. 736,
chapter 141) shall be applied as if the following text is part
of such Act:
``SEC. 12. SECURITY DETAIL.
``(a) In General.--The Secretary of Labor is authorized to
employ law enforcement officers or special agents to--
``(1) provide protection for the Secretary of Labor
during the workday of the Secretary and during any
activity that is preliminary or postliminary to the
performance of official duties by the Secretary;
``(2) provide protection, incidental to the
protection provided to the Secretary, to a member of
the immediate family of the Secretary who is
participating in an activity or event relating to the
official duties of the Secretary;
``(3) provide continuous protection to the Secretary
(including during periods not described in paragraph
(1)) and to the members of the immediate family of the
Secretary if there is a unique and articulable threat
of physical harm, in accordance with guidelines
established by the Secretary; and
``(4) provide protection to the Deputy Secretary of
Labor or another senior officer representing the
Secretary of Labor at a public event if there is a
unique and articulable threat of physical harm, in
accordance with guidelines established by the
Secretary.
``(b) Authorities.--The Secretary of Labor may authorize a
law enforcement officer or special agent employed under
subsection (a), for the purpose of performing the duties
authorized under subsection (a), to--
``(1) carry firearms;
``(2) make arrests without a warrant for any offense
against the United States committed in the presence of
such officer or special agent;
``(3) perform protective intelligence work, including
identifying and mitigating potential threats and
conducting advance work to review security matters
relating to sites and events;
``(4) coordinate with local law enforcement agencies;
and
``(5) initiate criminal and other investigations into
potential threats to the security of the Secretary, in
coordination with the Inspector General of the
Department of Labor.
``(c) Compliance With Guidelines.--A law enforcement officer
or special agent employed under subsection (a) shall exercise
any authority provided under this section in accordance with
any--
``(1) guidelines issued by the Attorney General; and
``(2) guidelines prescribed by the Secretary of
Labor.''.
(b) This section shall be effective on the date of enactment
of this Act.
Sec. 114. The Secretary is authorized to dispose of or
divest, by any means the Secretary determines appropriate,
including an agreement or partnership to construct a new Job
Corps center, all or a portion of the real property on which
the Treasure Island Job Corps Center is situated. Any sale or
other disposition will not be subject to any requirement of any
Federal law or regulation relating to the disposition of
Federal real property, including but not limited to subchapter
III of chapter 5 of title 40 of the United States Code and
subchapter V of chapter 119 of title 42 of the United States
Code. The net proceeds of such a sale shall be transferred to
the Secretary, which shall be available until expended to carry
out the Job Corps Program on Treasure Island.
(rescission)
Sec. 115. Of the unobligated funds available under section
286(s)(2) of the Immigration and Nationality Act (8 U.S.C.
1356(s)(2)), $150,000,000 are hereby rescinded.
Sec. 116. Funds made available in prior Acts under the
heading ``Department of Labor--Employment and Training
Administration--State Unemployment Insurance and Employment
Service Operations'' for fiscal years 2015 through 2019 for
automation acquisitions that are being carried out through
consortia of States shall be available for expenditure for 6
fiscal years after the final fiscal year that such funds are
available to incur new obligations.
Sec. 117. None of the funds made available by this Act may
be used to--
(1) alter or terminate the Interagency Agreement
between the United States Department of Labor and the
United States Department of Agriculture; or
(2) close any of the Civilian Conservation Centers,
except if such closure is necessary to prevent the
endangerment of the health and safety of the students,
the capacity of the program is retained, and the
requirements of section 159(j) of the Workforce
Innovation and Opportunity Act are met.
This title may be cited as the ``Department of Labor
Appropriations Act, 2020''.
TITLE II
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Health Resources and Services Administration
primary health care
For carrying out titles II and III of the Public Health
Service Act (referred to in this Act as the ``PHS Act'') with
respect to primary health care and the Native Hawaiian Health
Care Act of 1988, $1,626,522,000: Provided, That no more than
$1,000,000 shall be available until expended for carrying out
the provisions of section 224(o) of the PHS Act: Provided
further, That no more than $120,000,000 shall be available
until expended for carrying out subsections (g) through (n) and
(q) of section 224 of the PHS Act, and for expenses incurred by
the Department of Health and Human Services (referred to in
this Act as ``HHS'') pertaining to administrative claims made
under such law.
health workforce
For carrying out titles III, VII, and VIII of the PHS Act
with respect to the health workforce, sections 1128E and 1921
of the Social Security Act, and the Health Care Quality
Improvement Act of 1986, $1,194,506,000, of which $138,916,000
shall remain available through September 30, 2021 to carry out
sections 750, 755, 756, 760, 781, and 791 of the PHS Act:
Provided, That sections 751(j)(2) and 762(k) of the PHS Act and
the proportional funding amounts in paragraphs (1) through (4)
of section 756(f) of the PHS Act shall not apply to funds made
available under this heading: Provided further, That for any
program operating under section 751 of the PHS Act on or before
January 1, 2009, the Secretary of Health and Human Services
(referred to in this title as the ``Secretary'') may hereafter
waive any of the requirements contained in sections
751(d)(2)(A) and 751(d)(2)(B) of such Act for the full project
period of a grant under such section: Provided further, That
no funds shall be available for section 340G-1 of the PHS Act:
Provided further, That fees collected for the disclosure of
information under section 427(b) of the Health Care Quality
Improvement Act of 1986 and sections 1128E(d)(2) and 1921 of
the Social Security Act shall be sufficient to recover the full
costs of operating the programs authorized by such sections and
shall remain available until expended for the National
Practitioner Data Bank: Provided further, That funds
transferred to this account to carry out section 846 and
subpart 3 of part D of title III of the PHS Act may be used to
make prior year adjustments to awards made under such section
and subpart: Provided further, That $120,000,000 shall remain
available until expended for the purposes of providing primary
health services, assigning National Health Service Corps
(``NHSC'') members to expand the delivery of substance use
disorder treatment services, notwithstanding the assignment
priorities and limitations under sections 333(a)(1)(D), 333(b),
and 333A(a)(1)(B)(ii) of the PHS Act, and making payments under
the NHSC Loan Repayment Program under section 338B of such Act:
Provided further, That, within the amount made available in
the previous proviso, $15,000,000 shall remain available until
expended for the purposes of making payments under the NHSC
Loan Repayment Program under section 338B of the PHS Act to
individuals participating in such program who provide primary
health services in Indian Health Service facilities, Tribally-
Operated 638 Health Programs, and Urban Indian Health Programs
(as those terms are defined by the Secretary), notwithstanding
the assignment priorities and limitations under section 333(b)
of such Act: Provided further, That for purposes of the
previous two provisos, section 331(a)(3)(D) of the PHS Act
shall be applied as if the term ``primary health services''
includes clinical substance use disorder treatment services,
including those provided by masters level, licensed substance
use disorder treatment counselors: Provided further, That of
the funds made available under this heading, $5,000,000 shall
be available to make grants to establish or expand optional
community-based nurse practitioner fellowship programs that are
accredited or in the accreditation process, with a preference
for those in Federally Qualified Health Centers, for practicing
postgraduate nurse practitioners in primary care or behavioral
health.
Of the funds made available under this heading, $50,000,000
shall remain available until expended for grants to public
institutions of higher education to expand or support graduate
education for physicians provided by such institutions:
Provided, That, in awarding such grants, the Secretary shall
give priority to public institutions of higher education
located in States with a projected primary care provider
shortage in 2025, as determined by the Secretary: Provided
further, That grants so awarded are limited to such public
institutions of higher education in States in the top quintile
of States with a projected primary care provider shortage in
2025, as determined by the Secretary: Provided further, That
the minimum amount of a grant so awarded to such an institution
shall be not less than $1,000,000 per year: Provided further,
That such a grant may be awarded for a period not to exceed 5
years: Provided further, That such a grant awarded with
respect to a year to such an institution shall be subject to a
matching requirement of non-Federal funds in an amount that is
not less than 10 percent of the total amount of Federal funds
provided in the grant to such institution with respect to such
year.
maternal and child health
For carrying out titles III, XI, XII, and XIX of the PHS Act
with respect to maternal and child health and title V of the
Social Security Act, $943,784,000: Provided, That
notwithstanding sections 502(a)(1) and 502(b)(1) of the Social
Security Act, not more than $119,116,000 shall be available for
carrying out special projects of regional and national
significance pursuant to section 501(a)(2) of such Act and
$10,276,000 shall be available for projects described in
subparagraphs (A) through (F) of section 501(a)(3) of such Act.
ryan white hiv/aids program
For carrying out title XXVI of the PHS Act with respect to
the Ryan White HIV/AIDS program, $2,388,781,000, of which
$1,970,881,000 shall remain available to the Secretary through
September 30, 2022, for parts A and B of title XXVI of the PHS
Act, and of which not less than $900,313,000 shall be for State
AIDS Drug Assistance Programs under the authority of section
2616 or 311(c) of such Act; and of which $70,000,000, to remain
available until expended, shall be available to the Secretary
for carrying out a program of grants and contracts under title
XXVI or section 311(c) of such Act focused on ending the
nationwide HIV/AIDS epidemic, with any grants issued under such
section 311(c) administered in conjunction with title XXVI of
the PHS Act, including the limitation on administrative
expenses.
health care systems
For carrying out titles III and XII of the PHS Act with
respect to health care systems, and the Stem Cell Therapeutic
and Research Act of 2005, $123,593,000, of which $122,000 shall
be available until expended for facilities renovations at the
Gillis W. Long Hansen's Disease Center.
rural health
For carrying out titles III and IV of the PHS Act with
respect to rural health, section 427(a) of the Federal Coal
Mine Health and Safety Act of 1969, and sections 711 and 1820
of the Social Security Act, $318,294,000, of which $53,609,000
from general revenues, notwithstanding section 1820(j) of the
Social Security Act, shall be available for carrying out the
Medicare rural hospital flexibility grants program: Provided,
That of the funds made available under this heading for
Medicare rural hospital flexibility grants, $19,942,000 shall
be available for the Small Rural Hospital Improvement Grant
Program for quality improvement and adoption of health
information technology and up to $1,000,000 shall be to carry
out section 1820(g)(6) of the Social Security Act, with funds
provided for grants under section 1820(g)(6) available for the
purchase and implementation of telehealth services, including
pilots and demonstrations on the use of electronic health
records to coordinate rural veterans care between rural
providers and the Department of Veterans Affairs electronic
health record system: Provided further, That notwithstanding
section 338J(k) of the PHS Act, $12,500,000 shall be available
for State Offices of Rural Health: Provided further, That
$10,000,000 shall remain available through September 30, 2022,
to support the Rural Residency Development Program: Provided
further, That $110,000,000 shall be for the Rural Communities
Opioids Response Program.
family planning
For carrying out the program under title X of the PHS Act to
provide for voluntary family planning projects, $286,479,000:
Provided, That amounts provided to said projects under such
title shall not be expended for abortions, that all pregnancy
counseling shall be nondirective, and that such amounts shall
not be expended for any activity (including the publication or
distribution of literature) that in any way tends to promote
public support or opposition to any legislative proposal or
candidate for public office.
program management
For program support in the Health Resources and Services
Administration, $155,300,000: Provided, That funds made
available under this heading may be used to supplement program
support funding provided under the headings ``Primary Health
Care'', ``Health Workforce'', ``Maternal and Child Health'',
``Ryan White HIV/AIDS Program'', ``Health Care Systems'', and
``Rural Health''.
vaccine injury compensation program trust fund
For payments from the Vaccine Injury Compensation Program
Trust Fund (the ``Trust Fund''), such sums as may be necessary
for claims associated with vaccine-related injury or death with
respect to vaccines administered after September 30, 1988,
pursuant to subtitle 2 of title XXI of the PHS Act, to remain
available until expended: Provided, That for necessary
administrative expenses, not to exceed $10,200,000 shall be
available from the Trust Fund to the Secretary.
Centers for Disease Control and Prevention
immunization and respiratory diseases
For carrying out titles II, III, XVII, and XXI, and section
2821 of the PHS Act, titles II and IV of the Immigration and
Nationality Act, and section 501 of the Refugee Education
Assistance Act, with respect to immunization and respiratory
diseases, $433,105,000.
hiv/aids, viral hepatitis, sexually transmitted diseases, and
tuberculosis prevention
For carrying out titles II, III, XVII, and XXIII of the PHS
Act with respect to HIV/AIDS, viral hepatitis, sexually
transmitted diseases, and tuberculosis prevention,
$1,273,556,000.
emerging and zoonotic infectious diseases
For carrying out titles II, III, and XVII, and section 2821
of the PHS Act, titles II and IV of the Immigration and
Nationality Act, and section 501 of the Refugee Education
Assistance Act, with respect to emerging and zoonotic
infectious diseases, $570,372,000.
chronic disease prevention and health promotion
For carrying out titles II, III, XI, XV, XVII, and XIX of the
PHS Act with respect to chronic disease prevention and health
promotion, $984,964,000: Provided, That funds made available
under this heading may be available for making grants under
section 1509 of the PHS Act for not less than 21 States,
tribes, or tribal organizations: Provided further, That of the
funds made available under this heading, $15,000,000 shall be
available to continue and expand community specific extension
and outreach programs to combat obesity in counties with the
highest levels of obesity: Provided further, That the
proportional funding requirements under section 1503(a) of the
PHS Act shall not apply to funds made available under this
heading.
birth defects, developmental disabilities, disabilities and health
For carrying out titles II, III, XI, and XVII of the PHS Act
with respect to birth defects, developmental disabilities,
disabilities and health, $160,810,000.
public health scientific services
For carrying out titles II, III, and XVII of the PHS Act with
respect to health statistics, surveillance, health informatics,
and workforce development, $555,497,000.
environmental health
For carrying out titles II, III, and XVII of the PHS Act with
respect to environmental health, $196,850,000.
injury prevention and control
For carrying out titles II, III, and XVII of the PHS Act with
respect to injury prevention and control, $677,379,000.
national institute for occupational safety and health
For carrying out titles II, III, and XVII of the PHS Act,
sections 101, 102, 103, 201, 202, 203, 301, and 501 of the
Federal Mine Safety and Health Act, section 13 of the Mine
Improvement and New Emergency Response Act, and sections 20,
21, and 22 of the Occupational Safety and Health Act, with
respect to occupational safety and health, $342,800,000.
energy employees occupational illness compensation program
For necessary expenses to administer the Energy Employees
Occupational Illness Compensation Program Act, $55,358,000, to
remain available until expended: Provided, That this amount
shall be available consistent with the provision regarding
administrative expenses in section 151(b) of division B, title
I of Public Law 106-554.
global health
For carrying out titles II, III, and XVII of the PHS Act with
respect to global health, $570,843,000, of which: (1)
$128,421,000 shall remain available through September 30, 2021
for international HIV/AIDS; and (2) $173,400,000 shall remain
available through September 30, 2022 for global disease
detection and emergency response: Provided, That funds may be
used for purchase and insurance of official motor vehicles in
foreign countries.
public health preparedness and response
For carrying out titles II, III, and XVII of the PHS Act with
respect to public health preparedness and response, and for
expenses necessary to support activities related to countering
potential biological, nuclear, radiological, and chemical
threats to civilian populations, $850,200,000: Provided, That
the Director of the Centers for Disease Control and Prevention
(referred to in this title as ``CDC'') or the Administrator of
the Agency for Toxic Substances and Disease Registry may detail
staff without reimbursement for up to 180 days to support an
activation of the CDC Emergency Operations Center, so long as
the Director or Administrator, as applicable, provides a notice
to the Committees on Appropriations of the House of
Representatives and the Senate within 15 days of the use of
this authority and a full report within 30 days after use of
this authority which includes the number of staff and funding
level broken down by the originating center and number of days
detailed: Provided further, That funds appropriated under this
heading may be used to support a contract for the operation and
maintenance of an aircraft in direct support of activities
throughout CDC to ensure the agency is prepared to address
public health preparedness emergencies.
buildings and facilities
(including transfer of funds)
For acquisition of real property, equipment, construction,
installation, demolition, and renovation of facilities,
$25,000,000, which shall remain available until September 30,
2024: Provided, That funds made available to this account in
this or any prior Act that are available for the acquisition of
real property or for construction or improvement of facilities
shall be available to make improvements on non-federally owned
property, provided that any improvements that are not adjacent
to federally owned property do not exceed $2,500,000, and that
the primary benefit of such improvements accrues to CDC:
Provided further, That funds previously set-aside by CDC for
repair and upgrade of the Lake Lynn Experimental Mine and
Laboratory shall be used to acquire a replacement mine safety
research facility: Provided further, That in addition, the
prior year unobligated balance of any amounts assigned to
former employees in accounts of CDC made available for
Individual Learning Accounts shall be credited to and merged
with the amounts made available under this heading to support
the replacement of the mine safety research facility.
cdc-wide activities and program support
(including transfer of funds)
For carrying out titles II, III, XVII and XIX, and section
2821 of the PHS Act and for cross-cutting activities and
program support for activities funded in other appropriations
included in this Act for the Centers for Disease Control and
Prevention, $198,570,000, of which up to $5,000,000 may be
transferred to the reserve of the Working Capital Fund
authorized under this heading in division F of Public Law 112-
74: Provided, That paragraphs (1) through (3) of subsection
(b) of section 2821 of the PHS Act shall not apply to funds
appropriated under this heading and in all other accounts of
the CDC: Provided further, That employees of CDC or the Public
Health Service, both civilian and commissioned officers,
detailed to States, municipalities, or other organizations
under authority of section 214 of the PHS Act, or in overseas
assignments, shall be treated as non-Federal employees for
reporting purposes only and shall not be included within any
personnel ceiling applicable to the Agency, Service, or HHS
during the period of detail or assignment: Provided further,
That CDC may use up to $10,000 from amounts appropriated to CDC
in this Act for official reception and representation expenses
when specifically approved by the Director of CDC: Provided
further, That in addition, such sums as may be derived from
authorized user fees, which shall be credited to the
appropriation charged with the cost thereof: Provided further,
That with respect to the previous proviso, authorized user fees
from the Vessel Sanitation Program and the Respirator
Certification Program shall be available through September 30,
2021.
National Institutes of Health
national cancer institute
For carrying out section 301 and title IV of the PHS Act with
respect to cancer, $6,245,442,000, of which up to $30,000,000
may be used for facilities repairs and improvements at the
National Cancer Institute--Frederick Federally Funded Research
and Development Center in Frederick, Maryland.
national heart, lung, and blood institute
For carrying out section 301 and title IV of the PHS Act with
respect to cardiovascular, lung, and blood diseases, and blood
and blood products, $3,624,258,000.
national institute of dental and craniofacial research
For carrying out section 301 and title IV of the PHS Act with
respect to dental and craniofacial diseases, $477,429,000.
national institute of diabetes and digestive and kidney diseases
For carrying out section 301 and title IV of the PHS Act with
respect to diabetes and digestive and kidney disease,
$2,114,314,000.
national institute of neurological disorders and stroke
For carrying out section 301 and title IV of the PHS Act with
respect to neurological disorders and stroke, $2,374,687,000.
national institute of allergy and infectious diseases
For carrying out section 301 and title IV of the PHS Act with
respect to allergy and infectious diseases, $5,885,470,000.
national institute of general medical sciences
For carrying out section 301 and title IV of the PHS Act with
respect to general medical sciences, $2,937,218,000, of which
$1,230,821,000 shall be from funds available under section 241
of the PHS Act: Provided, That not less than $386,573,000 is
provided for the Institutional Development Awards program.
eunice kennedy shriver national institute of child health and human
development
For carrying out section 301 and title IV of the PHS Act with
respect to child health and human development, $1,556,879,000.
national eye institute
For carrying out section 301 and title IV of the PHS Act with
respect to eye diseases and visual disorders, $824,090,000.
national institute of environmental health sciences
For carrying out section 301 and title IV of the PHS Act with
respect to environmental health sciences, $802,598,000.
national institute on aging
For carrying out section 301 and title IV of the PHS Act with
respect to aging, $3,543,673,000.
national institute of arthritis and musculoskeletal and skin diseases
For carrying out section 301 and title IV of the PHS Act with
respect to arthritis and musculoskeletal and skin diseases,
$624,889,000.
national institute on deafness and other communication disorders
For carrying out section 301 and title IV of the PHS Act with
respect to deafness and other communication disorders,
$490,692,000.
national institute of nursing research
For carrying out section 301 and title IV of the PHS Act with
respect to nursing research, $169,113,000.
national institute on alcohol abuse and alcoholism
For carrying out section 301 and title IV of the PHS Act with
respect to alcohol abuse and alcoholism, $545,373,000.
national institute on drug abuse
For carrying out section 301 and title IV of the PHS Act with
respect to drug abuse, $1,462,016,000.
national institute of mental health
For carrying out section 301 and title IV of the PHS Act with
respect to mental health, $1,968,374,000.
national human genome research institute
For carrying out section 301 and title IV of the PHS Act with
respect to human genome research, $606,349,000.
national institute of biomedical imaging and bioengineering
For carrying out section 301 and title IV of the PHS Act with
respect to biomedical imaging and bioengineering research,
$403,638,000.
national center for complementary and integrative health
For carrying out section 301 and title IV of the PHS Act with
respect to complementary and integrative health, $151,740,000.
national institute on minority health and health disparities
For carrying out section 301 and title IV of the PHS Act with
respect to minority health and health disparities research,
$335,812,000: Provided, That funds may be used to implement a
reorganization that is presented to an advisory council in a
public meeting and for which the Committees on Appropriations
of the House of Representatives and the Senate have been
notified 30 days in advance.
john e. fogarty international center
For carrying out the activities of the John E. Fogarty
International Center (described in subpart 2 of part E of title
IV of the PHS Act), $80,760,000.
national library of medicine
For carrying out section 301 and title IV of the PHS Act with
respect to health information communications, $456,911,000:
Provided, That of the amounts available for improvement of
information systems, $4,000,000 shall be available until
September 30, 2021: Provided further, That in fiscal year
2020, the National Library of Medicine may enter into personal
services contracts for the provision of services in facilities
owned, operated, or constructed under the jurisdiction of the
National Institutes of Health (referred to in this title as
``NIH'').
national center for advancing translational sciences
For carrying out section 301 and title IV of the PHS Act with
respect to translational sciences, $832,888,000: Provided,
That up to $60,000,000 shall be available to implement section
480 of the PHS Act, relating to the Cures Acceleration Network:
Provided further, That at least $578,141,000 is provided to
the Clinical and Translational Sciences Awards program.
office of the director
(including transfer of funds)
For carrying out the responsibilities of the Office of the
Director, NIH, $2,239,787,000: Provided, That funding shall be
available for the purchase of not to exceed 29 passenger motor
vehicles for replacement only: Provided further, That all
funds credited to the NIH Management Fund shall remain
available for one fiscal year after the fiscal year in which
they are deposited: Provided further, That $180,000,000 shall
be for the Environmental Influences on Child Health Outcomes
study: Provided further, That $626,511,000 shall be available
for the Common Fund established under section 402A(c)(1) of the
PHS Act: Provided further, That of the funds provided, $10,000
shall be for official reception and representation expenses
when specifically approved by the Director of the NIH:
Provided further, That the Office of AIDS Research within the
Office of the Director of the NIH may spend up to $8,000,000 to
make grants for construction or renovation of facilities as
provided for in section 2354(a)(5)(B) of the PHS Act: Provided
further, That $50,000,000 shall be used to carry out section
404I of the PHS Act (42 U.S.C. 283K), relating to biomedical
and behavioral research facilities: Provided further, That
$5,000,000 shall be transferred to and merged with the
appropriation for the ``Office of Inspector General'' for
oversight of grant programs and operations of the NIH,
including agency efforts to ensure the integrity of its grant
application evaluation and selection processes, and shall be in
addition to funds otherwise made available for oversight of the
NIH: Provided further, That the funds provided in the previous
proviso may be transferred from one specified activity to
another with 15 days prior approval of the Committees on
Appropriations of the House of Representatives and the Senate:
Provided further, That the Inspector General shall consult with
the Committees on Appropriations of the House of
Representatives and the Senate before submitting to the
Committees an audit plan for fiscal years 2020 and 2021 no
later than 30 days after the date of enactment of this Act:
Provided further, That amounts available under this heading are
also available to establish, operate, and support the Research
Policy Board authorized by section 2034(f) of the 21st Century
Cures Act.
In addition to other funds appropriated for the Common Fund
established under section 402A(c) of the PHS Act, $12,600,000
is appropriated to the Common Fund from the 10-year Pediatric
Research Initiative Fund described in section 9008 of title 26,
United States Code, for the purpose of carrying out section
402(b)(7)(B)(ii) of the PHS Act (relating to pediatric
research), as authorized in the Gabriella Miller Kids First
Research Act.
buildings and facilities
For the study of, construction of, demolition of, renovation
of, and acquisition of equipment for, facilities of or used by
NIH, including the acquisition of real property, $200,000,000,
to remain available through September 30, 2024.
nih innovation account, cures act
(including transfer of funds)
For necessary expenses to carry out the purposes described in
section 1001(b)(4) of the 21st Century Cures Act, in addition
to amounts available for such purposes in the appropriations
provided to the NIH in this Act, $492,000,000, to remain
available until expended: Provided, That such amounts are
appropriated pursuant to section 1001(b)(3) of such Act, are to
be derived from amounts transferred under section 1001(b)(2)(A)
of such Act, and may be transferred by the Director of the
National Institutes of Health to other accounts of the National
Institutes of Health solely for the purposes provided in such
Act: Provided further, That upon a determination by the
Director that funds transferred pursuant to the previous
proviso are not necessary for the purposes provided, such
amounts may be transferred back to the Account: Provided
further, That the transfer authority provided under this
heading is in addition to any other transfer authority provided
by law.
Substance Abuse and Mental Health Services Administration
mental health
For carrying out titles III, V, and XIX of the PHS Act with
respect to mental health, and the Protection and Advocacy for
Individuals with Mental Illness Act, $1,644,974,000: Provided,
That of the funds made available under this heading,
$68,887,000 shall be for the National Child Traumatic Stress
Initiative: Provided further, That notwithstanding section
520A(f)(2) of the PHS Act, no funds appropriated for carrying
out section 520A shall be available for carrying out section
1971 of the PHS Act: Provided further, That in addition to
amounts provided herein, $21,039,000 shall be available under
section 241 of the PHS Act to carry out subpart I of part B of
title XIX of the PHS Act to fund section 1920(b) technical
assistance, national data, data collection and evaluation
activities, and further that the total available under this Act
for section 1920(b) activities shall not exceed 5 percent of
the amounts appropriated for subpart I of part B of title XIX:
Provided further, That up to 10 percent of the amounts made
available to carry out the Children's Mental Health Services
program may be used to carry out demonstration grants or
contracts for early interventions with persons not more than 25
years of age at clinical high risk of developing a first
episode of psychosis: Provided further, That section
520E(b)(2) of the PHS Act shall not apply to funds appropriated
in this Act for fiscal year 2020: Provided further, That
States shall expend at least 10 percent of the amount each
receives for carrying out section 1911 of the PHS Act to
support evidence-based programs that address the needs of
individuals with early serious mental illness, including
psychotic disorders, regardless of the age of the individual at
onset: Provided further, That $200,000,000 shall be available
until September 30, 2022 for grants to communities and
community organizations who meet criteria for Certified
Community Behavioral Health Clinics pursuant to section 223(a)
of Public Law 113-93: Provided further, That none of the funds
provided for section 1911 of the PHS Act shall be subject to
section 241 of such Act: Provided further, That of the funds
made available under this heading, $19,000,000 shall be to
carry out section 224 of the Protecting Access to Medicare Act
of 2014 (Public Law 113-93; 42 U.S.C. 290aa 22 note).
substance abuse treatment
For carrying out titles III and V of the PHS Act with respect
to substance abuse treatment and title XIX of such Act with
respect to substance abuse treatment and prevention, and the
SUPPORT for Patients and Communities Act, $3,756,556,000:
Provided, That $1,500,000,000 shall be for State Opioid
Response Grants for carrying out activities pertaining to
opioids and stimulants undertaken by the State agency
responsible for administering the substance abuse prevention
and treatment block grant under subpart II of part B of title
XIX of the PHS Act (42 U.S.C. 300x-21 et seq.): Provided
further, That of such amount $50,000,000 shall be made
available to Indian Tribes or tribal organizations: Provided
further, That 15 percent of the remaining amount shall be for
the States with the highest mortality rate related to opioid
use disorders: Provided further, That of the amounts provided
for State Opioid Response Grants not more than 2 percent shall
be available for Federal administrative expenses, training,
technical assistance, and evaluation: Provided further, That
of the amount not reserved by the previous three provisos, the
Secretary shall make allocations to States, territories, and
the District of Columbia according to a formula using national
survey results that the Secretary determines are the most
objective and reliable measure of drug use and drug-related
deaths: Provided further, That the Secretary shall submit the
formula methodology to the Committees on Appropriations of the
House of Representatives and the Senate not less than 15 days
prior to publishing a Funding Opportunity Announcement:
Provided further, That prevention and treatment activities
funded through such grants may include education, treatment
(including the provision of medication), behavioral health
services for individuals in treatment programs, referral to
treatment services, recovery support, and medical screening
associated with such treatment: Provided further, That each
State, as well as the District of Columbia, shall receive not
less than $4,000,000: Provided further, That in addition to
amounts provided herein, the following amounts shall be
available under section 241 of the PHS Act: (1) $79,200,000 to
carry out subpart II of part B of title XIX of the PHS Act to
fund section 1935(b) technical assistance, national data, data
collection and evaluation activities, and further that the
total available under this Act for section 1935(b) activities
shall not exceed 5 percent of the amounts appropriated for
subpart II of part B of title XIX; and (2) $2,000,000 to
evaluate substance abuse treatment programs: Provided further,
That none of the funds provided for section 1921 of the PHS Act
or State Opioid Response Grants shall be subject to section 241
of such Act.
substance abuse prevention
For carrying out titles III and V of the PHS Act with respect
to substance abuse prevention, $206,469,000.
health surveillance and program support
For program support and cross-cutting activities that
supplement activities funded under the headings ``Mental
Health'', ``Substance Abuse Treatment'', and ``Substance Abuse
Prevention'' in carrying out titles III, V, and XIX of the PHS
Act and the Protection and Advocacy for Individuals with Mental
Illness Act in the Substance Abuse and Mental Health Services
Administration, $128,830,000: Provided, That in addition to
amounts provided herein, $31,428,000 shall be available under
section 241 of the PHS Act to supplement funds available to
carry out national surveys on drug abuse and mental health, to
collect and analyze program data, and to conduct public
awareness and technical assistance activities: Provided
further, That, in addition, fees may be collected for the costs
of publications, data, data tabulations, and data analysis
completed under title V of the PHS Act and provided to a public
or private entity upon request, which shall be credited to this
appropriation and shall remain available until expended for
such purposes: Provided further, That amounts made available
in this Act for carrying out section 501(o) of the PHS Act
shall remain available through September 30, 2021: Provided
further, That funds made available under this heading may be
used to supplement program support funding provided under the
headings ``Mental Health'', ``Substance Abuse Treatment'', and
``Substance Abuse Prevention''.
Agency for Healthcare Research and Quality
healthcare research and quality
For carrying out titles III and IX of the PHS Act, part A of
title XI of the Social Security Act, and section 1013 of the
Medicare Prescription Drug, Improvement, and Modernization Act
of 2003, $338,000,000: Provided, That section 947(c) of the
PHS Act shall not apply in fiscal year 2020: Provided further,
That in addition, amounts received from Freedom of Information
Act fees, reimbursable and interagency agreements, and the sale
of data shall be credited to this appropriation and shall
remain available until September 30, 2021.
Centers for Medicare & Medicaid Services
grants to states for medicaid
For carrying out, except as otherwise provided, titles XI and
XIX of the Social Security Act, $273,188,478,000, to remain
available until expended.
For making, after May 31, 2020, payments to States under
title XIX or in the case of section 1928 on behalf of States
under title XIX of the Social Security Act for the last quarter
of fiscal year 2020 for unanticipated costs incurred for the
current fiscal year, such sums as may be necessary.
For making payments to States or in the case of section 1928
on behalf of States under title XIX of the Social Security Act
for the first quarter of fiscal year 2021, $139,903,075,000, to
remain available until expended.
Payment under such title XIX may be made for any quarter with
respect to a State plan or plan amendment in effect during such
quarter, if submitted in or prior to such quarter and approved
in that or any subsequent quarter.
payments to the health care trust funds
For payment to the Federal Hospital Insurance Trust Fund and
the Federal Supplementary Medical Insurance Trust Fund, as
provided under sections 217(g), 1844, and 1860D-16 of the
Social Security Act, sections 103(c) and 111(d) of the Social
Security Amendments of 1965, section 278(d)(3) of Public Law
97-248, and for administrative expenses incurred pursuant to
section 201(g) of the Social Security Act, $410,796,100,000.
In addition, for making matching payments under section 1844
and benefit payments under section 1860D-16 of the Social
Security Act that were not anticipated in budget estimates,
such sums as may be necessary.
program management
For carrying out, except as otherwise provided, titles XI,
XVIII, XIX, and XXI of the Social Security Act, titles XIII and
XXVII of the PHS Act, the Clinical Laboratory Improvement
Amendments of 1988, and other responsibilities of the Centers
for Medicare & Medicaid Services, not to exceed $3,669,744,000,
to be transferred from the Federal Hospital Insurance Trust
Fund and the Federal Supplementary Medical Insurance Trust
Fund, as authorized by section 201(g) of the Social Security
Act; together with all funds collected in accordance with
section 353 of the PHS Act and section 1857(e)(2) of the Social
Security Act, funds retained by the Secretary pursuant to
section 1893(h) of the Social Security Act, and such sums as
may be collected from authorized user fees and the sale of
data, which shall be credited to this account and remain
available until expended: Provided, That all funds derived in
accordance with 31 U.S.C. 9701 from organizations established
under title XIII of the PHS Act shall be credited to and
available for carrying out the purposes of this appropriation:
Provided further, That the Secretary is directed to collect
fees in fiscal year 2020 from Medicare Advantage organizations
pursuant to section 1857(e)(2) of the Social Security Act and
from eligible organizations with risk-sharing contracts under
section 1876 of that Act pursuant to section 1876(k)(4)(D) of
that Act: Provided further, That amounts available under this
heading to support quality improvement organizations (as
defined in section 1152 of the Social Security Act) shall not
exceed the amount specifically provided for such purpose under
this heading in division H of the Consolidated Appropriations
Act, 2018 (Public Law 115-141).
health care fraud and abuse control account
In addition to amounts otherwise available for program
integrity and program management, $786,000,000, to remain
available through September 30, 2021, to be transferred from
the Federal Hospital Insurance Trust Fund and the Federal
Supplementary Medical Insurance Trust Fund, as authorized by
section 201(g) of the Social Security Act, of which
$610,000,000 shall be for the Centers for Medicare & Medicaid
Services program integrity activities, of which $93,000,000
shall be for the Department of Health and Human Services Office
of Inspector General to carry out fraud and abuse activities
authorized by section 1817(k)(3) of such Act, and of which
$83,000,000 shall be for the Department of Justice to carry out
fraud and abuse activities authorized by section 1817(k)(3) of
such Act: Provided, That the report required by section
1817(k)(5) of the Social Security Act for fiscal year 2020
shall include measures of the operational efficiency and impact
on fraud, waste, and abuse in the Medicare, Medicaid, and CHIP
programs for the funds provided by this appropriation:
Provided further, That of the amount provided under this
heading, $311,000,000 is provided to meet the terms of section
251(b)(2)(C)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, and $475,000,000 is additional
new budget authority specified for purposes of section
251(b)(2)(C) of such Act: Provided further, That the Secretary
shall provide not less than $18,000,000 for the Senior Medicare
Patrol program to combat health care fraud and abuse from the
funds provided to this account.
Administration for Children and Families
payments to states for child support enforcement and family support
programs
For carrying out, except as otherwise provided, titles I, IV-
D, X, XI, XIV, and XVI of the Social Security Act and the Act
of July 5, 1960, $2,890,000,000, to remain available until
expended; and for such purposes for the first quarter of fiscal
year 2021, $1,400,000,000, to remain available until expended.
For carrying out, after May 31 of the current fiscal year,
except as otherwise provided, titles I, IV-D, X, XI, XIV, and
XVI of the Social Security Act and the Act of July 5, 1960, for
the last 3 months of the current fiscal year for unanticipated
costs, incurred for the current fiscal year, such sums as may
be necessary.
low income home energy assistance
For making payments under subsections (b) and (d) of section
2602 of the Low-Income Home Energy Assistance Act of 1981 (42
U.S.C. 8621 et seq.), $3,740,304,000: Provided, That
notwithstanding section 2609A(a) of such Act, not more than
$2,988,000 may be reserved by the Secretary of Health and Human
Services for technical assistance, training, and monitoring of
program activities for compliance with internal controls,
policies and procedures and the Secretary may, in addition to
the authorities provided in section 2609A(a)(1), use such funds
through contracts with private entities that do not qualify as
nonprofit organizations: Provided further, That all but
$753,000,000 of the amount appropriated under this heading
shall be allocated as though the total appropriation for such
payments for fiscal year 2020 was less than $1,975,000,000:
Provided further, That, after applying all applicable
provisions of section 2604 of such Act and the previous
proviso, each State or territory that would otherwise receive
an allocation that is less than 97 percent of the amount that
it received under this heading for fiscal year 2019 from
amounts appropriated in Public Law 115-245 shall have its
allocation increased to that 97 percent level, with the
portions of other States' and territories' allocations that
would exceed 100 percent of the amounts they respectively
received in such fashion for fiscal year 2019 being ratably
reduced.
refugee and entrant assistance
(including transfer of funds)
For necessary expenses for refugee and entrant assistance
activities authorized by section 414 of the Immigration and
Nationality Act and section 501 of the Refugee Education
Assistance Act of 1980, and for carrying out section 462 of the
Homeland Security Act of 2002, section 235 of the William
Wilberforce Trafficking Victims Protection Reauthorization Act
of 2008, the Trafficking Victims Protection Act of 2000
(``TVPA''), and the Torture Victims Relief Act of 1998,
$1,908,201,000, of which $1,864,446,000 shall remain available
through September 30, 2022 for carrying out such sections 414,
501, 462, and 235: Provided, That amounts available under this
heading to carry out the TVPA shall also be available for
research and evaluation with respect to activities under such
Act: Provided further, That not less than $160,000,000 shall
be used for legal services, child advocates, and post-release
services: Provided further, That the limitation in section 205
of this Act regarding transfers increasing any appropriation
shall apply to transfers to appropriations under this heading
by substituting ``15 percent'' for ``3 percent''.
payments to states for the child care and development block grant
For carrying out the Child Care and Development Block Grant
Act of 1990 (``CCDBG Act''), $5,826,000,000 shall be used to
supplement, not supplant State general revenue funds for child
care assistance for low-income families: Provided, That
technical assistance under section 658I(a)(3) of such Act may
be provided directly, or through the use of contracts, grants,
cooperative agreements, or interagency agreements: Provided
further, That all funds made available to carry out section 418
of the Social Security Act (42 U.S.C. 618), including funds
appropriated for that purpose in such section 418 or any other
provision of law, shall be subject to the reservation of funds
authority in paragraphs (4) and (5) of section 658O(a) of the
CCDBG Act: Provided further, That in addition to the amounts
required to be reserved by the Secretary under section
658O(a)(2)(A) of such Act, $174,780,000 shall be for Indian
tribes and tribal organizations.
social services block grant
For making grants to States pursuant to section 2002 of the
Social Security Act, $1,700,000,000: Provided, That
notwithstanding subparagraph (B) of section 404(d)(2) of such
Act, the applicable percent specified under such subparagraph
for a State to carry out State programs pursuant to title XX-A
of such Act shall be 10 percent.
children and families services programs
For carrying out, except as otherwise provided, the Runaway
and Homeless Youth Act, the Head Start Act, the Every Student
Succeeds Act, the Child Abuse Prevention and Treatment Act,
sections 303 and 313 of the Family Violence Prevention and
Services Act, the Native American Programs Act of 1974, title
II of the Child Abuse Prevention and Treatment and Adoption
Reform Act of 1978 (adoption opportunities), part B-1 of title
IV and sections 429, 473A, 477(i), 1110, 1114A, and 1115 of the
Social Security Act, and the Community Services Block Grant Act
(``CSBG Act''); and for necessary administrative expenses to
carry out titles I, IV, V, X, XI, XIV, XVI, and XX-A of the
Social Security Act, the Act of July 5, 1960, the Low-Income
Home Energy Assistance Act of 1981, the Child Care and
Development Block Grant Act of 1990, the Assets for
Independence Act, title IV of the Immigration and Nationality
Act, and section 501 of the Refugee Education Assistance Act of
1980, $12,876,652,000, of which $75,000,000, to remain
available through September 30, 2021, shall be for grants to
States for adoption and legal guardianship incentive payments,
as defined by section 473A of the Social Security Act and may
be made for adoptions and legal guardianships completed before
September 30, 2020: Provided, That $10,613,095,000 shall be
for making payments under the Head Start Act, including for
Early Head Start-Child Care Partnerships, and, of which,
notwithstanding section 640 of such Act:
(1) $193,000,000 shall be available for a cost of
living adjustment, and with respect to any continuing
appropriations act, funding available for a cost of
living adjustment shall not be construed as an
authority or condition under this Act;
(2) $25,000,000 shall be available for allocation by
the Secretary to supplement activities described in
paragraphs (7)(B) and (9) of section 641(c) of the Head
Start Act under the Designation Renewal System,
established under the authority of sections 641(c)(7),
645A(b)(12), and 645A(d) of such Act, and such funds
shall not be included in the calculation of ``base
grant'' in subsequent fiscal years, as such term is
used in section 640(a)(7)(A) of such Act;
(3) $100,000,000, in addition to funds otherwise
available under such section 640 for such purposes,
shall be available through March 31, 2021 for new
grants to entities defined as eligible under section
645A(d) of such Act for Early Head Start programs as
described in section 645A of such Act, conversion of
Head Start services to Early Head Start services as
described in section 645(a)(5)(A) of such Act, and high
quality infant and toddler care through Early Head
Start-Child Care Partnerships, and for training and
technical assistance for such activities;
(4) $250,000,000 shall be available for quality
improvement consistent with section 640(a)(5) of such
Act except that any amount of the funds may be used on
any of the activities in such section (5);
(5) $4,000,000 shall be available for the purposes of
re-establishing the Tribal Colleges and Universities
Head Start Partnership Program consistent with section
648(g) of such Act; and
(6) $19,000,000 shall be available to supplement
funding otherwise available for research, evaluation,
and Federal administrative costs:
Provided further, That the Secretary may reduce the
reservation of funds under section 640(a)(2)(C) of such Act in
lieu of reducing the reservation of funds under sections
640(a)(2)(B), 640(a)(2)(D), and 640(a)(2)(E) of such Act:
Provided further, That $275,000,000 shall be available until
December 31, 2020 for carrying out sections 9212 and 9213 of
the Every Student Succeeds Act: Provided further, That up to 3
percent of the funds in the preceding proviso shall be
available for technical assistance and evaluation related to
grants awarded under such section 9212: Provided further, That
$770,383,000 shall be for making payments under the CSBG Act:
Provided further, That $30,383,000 shall be for section 680 of
the CSBG Act, of which not less than $20,383,000 shall be for
section 680(a)(2) and not less than $10,000,000 shall be for
section 680(a)(3)(B) of such Act: Provided further, That,
notwithstanding section 675C(a)(3) of such Act, to the extent
Community Services Block Grant funds are distributed as grant
funds by a State to an eligible entity as provided under such
Act, and have not been expended by such entity, they shall
remain with such entity for carryover into the next fiscal year
for expenditure by such entity consistent with program
purposes: Provided further, That the Secretary shall establish
procedures regarding the disposition of intangible assets and
program income that permit such assets acquired with, and
program income derived from, grant funds authorized under
section 680 of the CSBG Act to become the sole property of such
grantees after a period of not more than 12 years after the end
of the grant period for any activity consistent with section
680(a)(2)(A) of the CSBG Act: Provided further, That
intangible assets in the form of loans, equity investments and
other debt instruments, and program income may be used by
grantees for any eligible purpose consistent with section
680(a)(2)(A) of the CSBG Act: Provided further, That these
procedures shall apply to such grant funds made available after
November 29, 1999: Provided further, That funds appropriated
for section 680(a)(2) of the CSBG Act shall be available for
financing construction and rehabilitation and loans or
investments in private business enterprises owned by community
development corporations: Provided further, That $175,000,000
shall be for carrying out section 303(a) of the Family Violence
Prevention and Services Act, of which $7,000,000 shall be
allocated notwithstanding section 303(a)(2) of such Act for
carrying out section 309 of such Act: Provided further, That
the percentages specified in section 112(a)(2) of the Child
Abuse Prevention and Treatment Act shall not apply to funds
appropriated under this heading: Provided further, That
$1,864,000 shall be for a human services case management system
for federally declared disasters, to include a comprehensive
national case management contract and Federal costs of
administering the system: Provided further, That up to
$2,000,000 shall be for improving the Public Assistance
Reporting Information System, including grants to States to
support data collection for a study of the system's
effectiveness.
promoting safe and stable families
For carrying out, except as otherwise provided, section 436
of the Social Security Act, $345,000,000 and, for carrying out,
except as otherwise provided, section 437 of such Act,
$92,515,000: Provided, That of the funds available to carry
out section 437, $59,765,000 shall be allocated consistent with
subsections (b) through (d) of such section: Provided further,
That of the funds available to carry out section 437, to assist
in meeting the requirements described in section 471(e)(4)(C),
$20,000,000 shall be for grants to each State, territory, and
Indian tribe operating title IV-E plans for developing,
enhancing, or evaluating kinship navigator programs, as
described in section 427(a)(1) of such Act, $10,000,000, in
addition to funds otherwise appropriated in section 436 for
such purposes, shall be for competitive grants to regional
partnerships as described in section 437(f), and $2,750,000, in
addition to funds otherwise appropriated in section 476 for
such purposes, for the Family First Clearinghouse: Provided
further, That section 437(b)(1) shall be applied to amounts in
the previous proviso by substituting ``5 percent'' for ``3.3
percent'', and notwithstanding section 436(b)(1), such reserved
amounts may be used for identifying, establishing, and
disseminating practices to meet the criteria specified in
section 471(e)(4)(C): Provided further, That the reservation
in section 437(b)(2) and the limitations in section 437(d)
shall not apply to funds specified in the second proviso:
Provided further, That the minimum grant award for kinship
navigator programs in the case of States and territories shall
be $200,000, and, in the case of tribes, shall be $25,000.
payments for foster care and permanency
For carrying out, except as otherwise provided, title IV-E of
the Social Security Act, $5,744,000,000.
For carrying out, except as otherwise provided, title IV-E of
the Social Security Act, for the first quarter of fiscal year
2021, $3,000,000,000.
For carrying out, after May 31 of the current fiscal year,
except as otherwise provided, section 474 of title IV-E of the
Social Security Act, for the last 3 months of the current
fiscal year for unanticipated costs, incurred for the current
fiscal year, such sums as may be necessary.
Administration for Community Living
aging and disability services programs
(including transfer of funds)
For carrying out, to the extent not otherwise provided, the
Older Americans Act of 1965 (``OAA''), the RAISE Family
Caregivers Act, the Supporting Grandparents Raising
Grandchildren Act, titles III and XXIX of the PHS Act, sections
1252 and 1253 of the PHS Act, section 119 of the Medicare
Improvements for Patients and Providers Act of 2008, title XX-B
of the Social Security Act, the Developmental Disabilities
Assistance and Bill of Rights Act, parts 2 and 5 of subtitle D
of title II of the Help America Vote Act of 2002, the Assistive
Technology Act of 1998, titles II and VII (and section 14 with
respect to such titles) of the Rehabilitation Act of 1973, and
for Department-wide coordination of policy and program
activities that assist individuals with disabilities,
$2,171,000,000, together with $52,115,000 to be transferred
from the Federal Hospital Insurance Trust Fund and the Federal
Supplementary Medical Insurance Trust Fund to carry out section
4360 of the Omnibus Budget Reconciliation Act of 1990:
Provided, That amounts appropriated under this heading may be
used for grants to States under section 361 of the OAA only for
disease prevention and health promotion programs and activities
which have been demonstrated through rigorous evaluation to be
evidence-based and effective: Provided further, That of
amounts made available under this heading to carry out sections
311, 331, and 336 of the OAA, up to one percent of such amounts
shall be available for developing and implementing evidence-
based practices for enhancing senior nutrition, including
medically-tailored meals: Provided further, That
notwithstanding any other provision of this Act, funds made
available under this heading to carry out section 311 of the
OAA may be transferred to the Secretary of Agriculture in
accordance with such section: Provided further, That
$2,000,000 shall be for competitive grants to support
alternative financing programs that provide for the purchase of
assistive technology devices, such as a low-interest loan fund;
an interest buy-down program; a revolving loan fund; a loan
guarantee; or an insurance program: Provided further, That
applicants shall provide an assurance that, and information
describing the manner in which, the alternative financing
program will expand and emphasize consumer choice and control:
Provided further, That State agencies and community-based
disability organizations that are directed by and operated for
individuals with disabilities shall be eligible to compete:
Provided further, That none of the funds made available under
this heading may be used by an eligible system (as defined in
section 102 of the Protection and Advocacy for Individuals with
Mental Illness Act (42 U.S.C. 10802)) to continue to pursue any
legal action in a Federal or State court on behalf of an
individual or group of individuals with a developmental
disability (as defined in section 102(8)(A) of the
Developmental Disabilities and Assistance and Bill of Rights
Act of 2000 (20 U.S.C. 15002(8)(A)) that is attributable to a
mental impairment (or a combination of mental and physical
impairments), that has as the requested remedy the closure of
State operated intermediate care facilities for people with
intellectual or developmental disabilities, unless reasonable
public notice of the action has been provided to such
individuals (or, in the case of mental incapacitation, the
legal guardians who have been specifically awarded authority by
the courts to make healthcare and residential decisions on
behalf of such individuals) who are affected by such action,
within 90 days of instituting such legal action, which informs
such individuals (or such legal guardians) of their legal
rights and how to exercise such rights consistent with current
Federal Rules of Civil Procedure: Provided further, That the
limitations in the immediately preceding proviso shall not
apply in the case of an individual who is neither competent to
consent nor has a legal guardian, nor shall the proviso apply
in the case of individuals who are a ward of the State or
subject to public guardianship.
Office of the Secretary
general departmental management
For necessary expenses, not otherwise provided, for general
departmental management, including hire of six passenger motor
vehicles, and for carrying out titles III, XVII, XXI, and
section 229 of the PHS Act, the United States-Mexico Border
Health Commission Act, and research studies under section 1110
of the Social Security Act, $479,629,000, together with
$64,828,000 from the amounts available under section 241 of the
PHS Act to carry out national health or human services research
and evaluation activities: Provided, That of this amount,
$53,900,000 shall be for minority AIDS prevention and treatment
activities: Provided further, That of the funds made available
under this heading, $101,000,000 shall be for making
competitive contracts and grants to public and private entities
to fund medically accurate and age appropriate programs that
reduce teen pregnancy and for the Federal costs associated with
administering and evaluating such contracts and grants, of
which not more than 10 percent of the available funds shall be
for training and technical assistance, evaluation, outreach,
and additional program support activities, and of the remaining
amount 75 percent shall be for replicating programs that have
been proven effective through rigorous evaluation to reduce
teenage pregnancy, behavioral risk factors underlying teenage
pregnancy, or other associated risk factors, and 25 percent
shall be available for research and demonstration grants to
develop, replicate, refine, and test additional models and
innovative strategies for preventing teenage pregnancy:
Provided further, That of the amounts provided under this
heading from amounts available under section 241 of the PHS
Act, $6,800,000 shall be available to carry out evaluations
(including longitudinal evaluations) of teenage pregnancy
prevention approaches: Provided further, That of the funds
made available under this heading, $35,000,000 shall be for
making competitive grants which exclusively implement education
in sexual risk avoidance (defined as voluntarily refraining
from non-marital sexual activity): Provided further, That
funding for such competitive grants for sexual risk avoidance
shall use medically accurate information referenced to peer-
reviewed publications by educational, scientific, governmental,
or health organizations; implement an evidence-based approach
integrating research findings with practical implementation
that aligns with the needs and desired outcomes for the
intended audience; and teach the benefits associated with self-
regulation, success sequencing for poverty prevention, healthy
relationships, goal setting, and resisting sexual coercion,
dating violence, and other youth risk behaviors such as
underage drinking or illicit drug use without normalizing teen
sexual activity: Provided further, That no more than 10
percent of the funding for such competitive grants for sexual
risk avoidance shall be available for technical assistance and
administrative costs of such programs: Provided further, That
funds provided in this Act for embryo adoption activities may
be used to provide to individuals adopting embryos, through
grants and other mechanisms, medical and administrative
services deemed necessary for such adoptions: Provided
further, That such services shall be provided consistent with
42 CFR 59.5(a)(4): Provided further, That of the funds made
available under this heading, $5,000,000 shall be for carrying
out prize competitions sponsored by the Office of the Secretary
to accelerate innovation in the prevention, diagnosis, and
treatment of kidney diseases (as authorized by section 24 of
the Stevenson-Wydler Technology Innovation Act of 1980 (15
U.S.C. 3719)).
medicare hearings and appeals
For expenses necessary for Medicare hearings and appeals in
the Office of the Secretary, $191,881,000 shall remain
available until September 30, 2021, to be transferred in
appropriate part from the Federal Hospital Insurance Trust Fund
and the Federal Supplementary Medical Insurance Trust Fund.
office of the national coordinator for health information technology
For expenses necessary for the Office of the National
Coordinator for Health Information Technology, including
grants, contracts, and cooperative agreements for the
development and advancement of interoperable health information
technology, $60,367,000.
office of inspector general
For expenses necessary for the Office of Inspector General,
including the hire of passenger motor vehicles for
investigations, in carrying out the provisions of the Inspector
General Act of 1978, $80,000,000: Provided, That of such
amount, necessary sums shall be available for providing
protective services to the Secretary and investigating non-
payment of child support cases for which non-payment is a
Federal offense under 18 U.S.C. 228.
office for civil rights
For expenses necessary for the Office for Civil Rights,
$38,798,000.
retirement pay and medical benefits for commissioned officers
For retirement pay and medical benefits of Public Health
Service Commissioned Officers as authorized by law, for
payments under the Retired Serviceman's Family Protection Plan
and Survivor Benefit Plan, and for medical care of dependents
and retired personnel under the Dependents' Medical Care Act,
such amounts as may be required during the current fiscal year.
public health and social services emergency fund
For expenses necessary to support activities related to
countering potential biological, nuclear, radiological,
chemical, and cybersecurity threats to civilian populations,
and for other public health emergencies, $1,037,458,000, of
which $561,700,000 shall remain available through September 30,
2021, for expenses necessary to support advanced research and
development pursuant to section 319L of the PHS Act and other
administrative expenses of the Biomedical Advanced Research and
Development Authority: Provided, That funds provided under
this heading for the purpose of acquisition of security
countermeasures shall be in addition to any other funds
available for such purpose: Provided further, That products
purchased with funds provided under this heading may, at the
discretion of the Secretary, be deposited in the Strategic
National Stockpile pursuant to section 319F-2 of the PHS Act:
Provided further, That $5,000,000 of the amounts made available
to support emergency operations shall remain available through
September 30, 2022.
For expenses necessary for procuring security countermeasures
(as defined in section 319F-2(c)(1)(B) of the PHS Act),
$735,000,000, to remain available until expended.
For expenses necessary to carry out section 319F-2(a) of the
PHS Act, $705,000,000, to remain available until expended.
For an additional amount for expenses necessary to prepare
for or respond to an influenza pandemic, $260,000,000; of which
$225,000,000 shall be available until expended, for activities
including the development and purchase of vaccine, antivirals,
necessary medical supplies, diagnostics, and other surveillance
tools: Provided, That notwithstanding section 496(b) of the
PHS Act, funds may be used for the construction or renovation
of privately owned facilities for the production of pandemic
influenza vaccines and other biologics, if the Secretary finds
such construction or renovation necessary to secure sufficient
supplies of such vaccines or biologics.
General Provisions
Sec. 201. Funds appropriated in this title shall be
available for not to exceed $50,000 for official reception and
representation expenses when specifically approved by the
Secretary.
Sec. 202. None of the funds appropriated in this title shall
be used to pay the salary of an individual, through a grant or
other extramural mechanism, at a rate in excess of Executive
Level II: Provided, That none of the funds appropriated in
this title shall be used to prevent the NIH from paying up to
100 percent of the salary of an individual at this rate.
Sec. 203. None of the funds appropriated in this Act may be
expended pursuant to section 241 of the PHS Act, except for
funds specifically provided for in this Act, or for other taps
and assessments made by any office located in HHS, prior to the
preparation and submission of a report by the Secretary to the
Committees on Appropriations of the House of Representatives
and the Senate detailing the planned uses of such funds.
Sec. 204. Notwithstanding section 241(a) of the PHS Act,
such portion as the Secretary shall determine, but not more
than 2.5 percent, of any amounts appropriated for programs
authorized under such Act shall be made available for the
evaluation (directly, or by grants or contracts) and the
implementation and effectiveness of programs funded in this
title.
(transfer of funds)
Sec. 205. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control
Act of 1985) which are appropriated for the current fiscal year
for HHS in this Act may be transferred between appropriations,
but no such appropriation shall be increased by more than 3
percent by any such transfer: Provided, That the transfer
authority granted by this section shall not be used to create
any new program or to fund any project or activity for which no
funds are provided in this Act: Provided further, That the
Committees on Appropriations of the House of Representatives
and the Senate are notified at least 15 days in advance of any
transfer.
Sec. 206. In lieu of the timeframe specified in section
338E(c)(2) of the PHS Act, terminations described in such
section may occur up to 60 days after the effective date of a
contract awarded in fiscal year 2020 under section 338B of such
Act, or at any time if the individual who has been awarded such
contract has not received funds due under the contract.
Sec. 207. None of the funds appropriated in this Act may be
made available to any entity under title X of the PHS Act
unless the applicant for the award certifies to the Secretary
that it encourages family participation in the decision of
minors to seek family planning services and that it provides
counseling to minors on how to resist attempts to coerce minors
into engaging in sexual activities.
Sec. 208. Notwithstanding any other provision of law, no
provider of services under title X of the PHS Act shall be
exempt from any State law requiring notification or the
reporting of child abuse, child molestation, sexual abuse,
rape, or incest.
Sec. 209. None of the funds appropriated by this Act
(including funds appropriated to any trust fund) may be used to
carry out the Medicare Advantage program if the Secretary
denies participation in such program to an otherwise eligible
entity (including a Provider Sponsored Organization) because
the entity informs the Secretary that it will not provide, pay
for, provide coverage of, or provide referrals for abortions:
Provided, That the Secretary shall make appropriate prospective
adjustments to the capitation payment to such an entity (based
on an actuarially sound estimate of the expected costs of
providing the service to such entity's enrollees): Provided
further, That nothing in this section shall be construed to
change the Medicare program's coverage for such services and a
Medicare Advantage organization described in this section shall
be responsible for informing enrollees where to obtain
information about all Medicare covered services.
Sec. 210. None of the funds made available in this title may
be used, in whole or in part, to advocate or promote gun
control.
Sec. 211. The Secretary shall make available through
assignment not more than 60 employees of the Public Health
Service to assist in child survival activities and to work in
AIDS programs through and with funds provided by the Agency for
International Development, the United Nations International
Children's Emergency Fund or the World Health Organization.
Sec. 212. In order for HHS to carry out international health
activities, including HIV/AIDS and other infectious disease,
chronic and environmental disease, and other health activities
abroad during fiscal year 2020:
(1) The Secretary may exercise authority equivalent
to that available to the Secretary of State in section
2(c) of the State Department Basic Authorities Act of
1956. The Secretary shall consult with the Secretary of
State and relevant Chief of Mission to ensure that the
authority provided in this section is exercised in a
manner consistent with section 207 of the Foreign
Service Act of 1980 and other applicable statutes
administered by the Department of State.
(2) The Secretary is authorized to provide such funds
by advance or reimbursement to the Secretary of State
as may be necessary to pay the costs of acquisition,
lease, alteration, renovation, and management of
facilities outside of the United States for the use of
HHS. The Department of State shall cooperate fully with
the Secretary to ensure that HHS has secure, safe,
functional facilities that comply with applicable
regulation governing location, setback, and other
facilities requirements and serve the purposes
established by this Act. The Secretary is authorized,
in consultation with the Secretary of State, through
grant or cooperative agreement, to make available to
public or nonprofit private institutions or agencies in
participating foreign countries, funds to acquire,
lease, alter, or renovate facilities in those countries
as necessary to conduct programs of assistance for
international health activities, including activities
relating to HIV/AIDS and other infectious diseases,
chronic and environmental diseases, and other health
activities abroad.
(3) The Secretary is authorized to provide to
personnel appointed or assigned by the Secretary to
serve abroad, allowances and benefits similar to those
provided under chapter 9 of title I of the Foreign
Service Act of 1980, and 22 U.S.C. 4081 through 4086
and subject to such regulations prescribed by the
Secretary. The Secretary is further authorized to
provide locality-based comparability payments (stated
as a percentage) up to the amount of the locality-based
comparability payment (stated as a percentage) that
would be payable to such personnel under section 5304
of title 5, United States Code if such personnel's
official duty station were in the District of Columbia.
Leaves of absence for personnel under this subsection
shall be on the same basis as that provided under
subchapter I of chapter 63 of title 5, United States
Code, or section 903 of the Foreign Service Act of
1980, to individuals serving in the Foreign Service.
(transfer of funds)
Sec. 213. The Director of the NIH, jointly with the Director
of the Office of AIDS Research, may transfer up to 3 percent
among institutes and centers from the total amounts identified
by these two Directors as funding for research pertaining to
the human immunodeficiency virus: Provided, That the
Committees on Appropriations of the House of Representatives
and the Senate are notified at least 15 days in advance of any
transfer.
(transfer of funds)
Sec. 214. Of the amounts made available in this Act for NIH,
the amount for research related to the human immunodeficiency
virus, as jointly determined by the Director of NIH and the
Director of the Office of AIDS Research, shall be made
available to the ``Office of AIDS Research'' account. The
Director of the Office of AIDS Research shall transfer from
such account amounts necessary to carry out section 2353(d)(3)
of the PHS Act.
Sec. 215. (a) Authority.--Notwithstanding any other provision
of law, the Director of NIH (``Director'') may use funds
authorized under section 402(b)(12) of the PHS Act to enter
into transactions (other than contracts, cooperative
agreements, or grants) to carry out research identified
pursuant to or research and activities described in such
section 402(b)(12).
(b) Peer Review.--In entering into transactions under
subsection (a), the Director may utilize such peer review
procedures (including consultation with appropriate scientific
experts) as the Director determines to be appropriate to obtain
assessments of scientific and technical merit. Such procedures
shall apply to such transactions in lieu of the peer review and
advisory council review procedures that would otherwise be
required under sections 301(a)(3), 405(b)(1)(B), 405(b)(2),
406(a)(3)(A), 492, and 494 of the PHS Act.
Sec. 216. Not to exceed $45,000,000 of funds appropriated by
this Act to the institutes and centers of the National
Institutes of Health may be used for alteration, repair, or
improvement of facilities, as necessary for the proper and
efficient conduct of the activities authorized herein, at not
to exceed $3,500,000 per project.
(transfer of funds)
Sec. 217. Of the amounts made available for NIH, 1 percent
of the amount made available for National Research Service
Awards (``NRSA'') shall be made available to the Administrator
of the Health Resources and Services Administration to make
NRSA awards for research in primary medical care to individuals
affiliated with entities who have received grants or contracts
under sections 736, 739, or 747 of the PHS Act, and 1 percent
of the amount made available for NRSA shall be made available
to the Director of the Agency for Healthcare Research and
Quality to make NRSA awards for health service research.
Sec. 218. (a) The Biomedical Advanced Research and
Development Authority (``BARDA'') may enter into a contract,
for more than one but no more than 10 program years, for
purchase of research services or of security countermeasures,
as that term is defined in section 319F-2(c)(1)(B) of the PHS
Act (42 U.S.C. 247d-6b(c)(1)(B)), if--
(1) funds are available and obligated--
(A) for the full period of the contract or
for the first fiscal year in which the contract
is in effect; and
(B) for the estimated costs associated with a
necessary termination of the contract; and
(2) the Secretary determines that a multi-year
contract will serve the best interests of the Federal
Government by encouraging full and open competition or
promoting economy in administration, performance, and
operation of BARDA's programs.
(b) A contract entered into under this section--
(1) shall include a termination clause as described
by subsection (c) of section 3903 of title 41, United
States Code; and
(2) shall be subject to the congressional notice
requirement stated in subsection (d) of such section.
Sec. 219. (a) The Secretary shall publish in the fiscal year
2021 budget justification and on Departmental Web sites
information concerning the employment of full-time equivalent
Federal employees or contractors for the purposes of
implementing, administering, enforcing, or otherwise carrying
out the provisions of the ACA, and the amendments made by that
Act, in the proposed fiscal year and each fiscal year since the
enactment of the ACA.
(b) With respect to employees or contractors supported by all
funds appropriated for purposes of carrying out the ACA (and
the amendments made by that Act), the Secretary shall include,
at a minimum, the following information:
(1) For each such fiscal year, the section of such
Act under which such funds were appropriated, a
statement indicating the program, project, or activity
receiving such funds, the Federal operating division or
office that administers such program, and the amount of
funding received in discretionary or mandatory
appropriations.
(2) For each such fiscal year, the number of full-
time equivalent employees or contracted employees
assigned to each authorized and funded provision
detailed in accordance with paragraph (1).
(c) In carrying out this section, the Secretary may exclude
from the report employees or contractors who--
(1) are supported through appropriations enacted in
laws other than the ACA and work on programs that
existed prior to the passage of the ACA;
(2) spend less than 50 percent of their time on
activities funded by or newly authorized in the ACA; or
(3) work on contracts for which FTE reporting is not
a requirement of their contract, such as fixed-price
contracts.
Sec. 220. The Secretary shall publish, as part of the fiscal
year 2021 budget of the President submitted under section
1105(a) of title 31, United States Code, information that
details the uses of all funds used by the Centers for Medicare
& Medicaid Services specifically for Health Insurance Exchanges
for each fiscal year since the enactment of the ACA and the
proposed uses for such funds for fiscal year 2021. Such
information shall include, for each such fiscal year, the
amount of funds used for each activity specified under the
heading ``Health Insurance Exchange Transparency'' in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).
Sec. 221. None of the funds made available by this Act from
the Federal Hospital Insurance Trust Fund or the Federal
Supplemental Medical Insurance Trust Fund, or transferred from
other accounts funded by this Act to the ``Centers for Medicare
& Medicaid Services--Program Management'' account, may be used
for payments under section 1342(b)(1) of Public Law 111-148
(relating to risk corridors).
(transfer of funds)
Sec. 222. (a) Within 45 days of enactment of this Act, the
Secretary shall transfer funds appropriated under section 4002
of the ACA to the accounts specified, in the amounts specified,
and for the activities specified under the heading ``Prevention
and Public Health Fund'' in the explanatory statement described
in section 4 (in the matter preceding division A of this
consolidated Act).
(b) Notwithstanding section 4002(c) of the ACA, the Secretary
may not further transfer these amounts.
(c) Funds transferred for activities authorized under section
2821 of the PHS Act shall be made available without reference
to section 2821(b) of such Act.
Sec. 223. Effective during the period beginning on November
1, 2015 and ending January 1, 2022, any provision of law that
refers (including through cross-reference to another provision
of law) to the current recommendations of the United States
Preventive Services Task Force with respect to breast cancer
screening, mammography, and prevention shall be administered by
the Secretary involved as if--
(1) such reference to such current recommendations
were a reference to the recommendations of such Task
Force with respect to breast cancer screening,
mammography, and prevention last issued before 2009;
and
(2) such recommendations last issued before 2009
applied to any screening mammography modality under
section 1861(jj) of the Social Security Act (42 U.S.C.
1395x(jj)).
Sec. 224. In making Federal financial assistance, the
provisions relating to indirect costs in part 75 of title 45,
Code of Federal Regulations, including with respect to the
approval of deviations from negotiated rates, shall continue to
apply to the National Institutes of Health to the same extent
and in the same manner as such provisions were applied in the
third quarter of fiscal year 2017. None of the funds
appropriated in this or prior Acts or otherwise made available
to the Department of Health and Human Services or to any
department or agency may be used to develop or implement a
modified approach to such provisions, or to intentionally or
substantially expand the fiscal effect of the approval of such
deviations from negotiated rates beyond the proportional effect
of such approvals in such quarter.
(transfer of funds)
Sec. 225. The NIH Director may transfer funds specifically
appropriated for opioid addiction, opioid alternatives, pain
management, and addiction treatment to other Institutes and
Centers of the NIH to be used for the same purpose 15 days
after notifying the Committees on Appropriations: Provided,
That the transfer authority provided in the previous proviso is
in addition to any other transfer authority provided by law.
Sec. 226. (a) The Secretary shall provide to the Committees
on Appropriations of the House of Representatives and the
Senate:
(1) Detailed monthly enrollment figures from the
Exchanges established under the Patient Protection and
Affordable Care Act of 2010 pertaining to enrollments
during the open enrollment period; and
(2) Notification of any new or competitive grant
awards, including supplements, authorized under section
330 of the Public Health Service Act.
(b) The Committees on Appropriations of the House and Senate
must be notified at least 2 business days in advance of any
public release of enrollment information or the award of such
grants.
Sec. 227. In addition to the amounts otherwise available for
``Centers for Medicare & Medicaid Services, Program
Management'', the Secretary of Health and Human Services may
transfer up to $305,000,000 to such account from the Federal
Hospital Insurance Trust Fund and the Federal Supplementary
Medical Insurance Trust Fund to support program management
activity related to the Medicare Program: Provided, That
except for the foregoing purpose, such funds may not be used to
support any provision of Public Law 111-148 or Public Law 111-
152 (or any amendment made by either such Public Law) or to
supplant any other amounts within such account.
Sec. 228. The Department of Health and Human Services shall
provide the Committees on Appropriations of the House of
Representatives and Senate a biannual report 30 days after
enactment of this Act on staffing described in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act).
Sec. 229. Funds appropriated in this Act that are available
for salaries and expenses of employees of the Department of
Health and Human Services shall also be available to pay travel
and related expenses of such an employee or of a member of his
or her family, when such employee is assigned to duty, in the
United States or in a U.S. territory, during a period and in a
location that are the subject of a determination of a public
health emergency under section 319 of the Public Health Service
Act and such travel is necessary to obtain medical care for an
illness, injury, or medical condition that cannot be adequately
addressed in that location at that time. For purposes of this
section, the term ``U.S. territory'' means Guam, the
Commonwealth of Puerto Rico, the Northern Mariana Islands, the
Virgin Islands, American Samoa, or the Trust Territory of the
Pacific Islands.
Sec. 230. The Department of Health and Human Services may
accept donations from the private sector, nongovernmental
organizations, and other groups independent of the Federal
Government for the care of unaccompanied alien children (as
defined in section 462(g)(2) of the Homeland Security Act of
2002 (6 U.S.C. 279(g)(2))) in the care of the Office of Refugee
Resettlement of the Administration for Children and Families,
including medical goods and services, which may include early
childhood developmental screenings, school supplies, toys,
clothing, and any other items intended to promote the wellbeing
of such children.
Sec. 231. (a) None of the funds provided by this or any prior
appropriations Act may be used to reverse changes in procedures
made by operational directives issued to providers by the
Office of Refugee Resettlement on December 18, 2018, March 23,
2019, and June 10, 2019 regarding the Memorandum of Agreement
on Information Sharing executed April 13, 2018.
(b) Notwithstanding subsection (a), the Secretary may make
changes to such operational directives upon making a
determination that such changes are necessary to prevent
unaccompanied alien children from being placed in danger, and
the Secretary shall provide a written justification to Congress
and the Inspector General of the Department of Health and Human
Services in advance of implementing such changes.
(c) Within 15 days of the Secretary's communication of the
justification, the Inspector General of the Department of
Health and Human Services shall provide an assessment, in
writing, to the Secretary and to Committees on Appropriations
of the House of Representatives and the Senate of whether such
changes to operational directives are necessary to prevent
unaccompanied children from being placed in danger.
Sec. 232. None of the funds made available in this Act under
the heading ``Department of Health and Human Services--
Administration for Children and Families--Refugee and Entrant
Assistance'' may be obligated to a grantee or contractor to
house unaccompanied alien children (as such term is defined in
section 462(g)(2) of the Homeland Security Act of 2002 (6
U.S.C. 279(g)(2))) in any facility that is not State-licensed
for the care of unaccompanied alien children, except in the
case that the Secretary determines that housing unaccompanied
alien children in such a facility is necessary on a temporary
basis due to an influx of such children or an emergency,
provided that--
(1) the terms of the grant or contract for the
operations of any such facility that remains in
operation for more than six consecutive months shall
require compliance with--
(A) the same requirements as licensed
placements, as listed in Exhibit 1 of the
Flores Settlement Agreement that the Secretary
determines are applicable to non-State licensed
facilities; and
(B) staffing ratios of one (1) on-duty Youth
Care Worker for every eight (8) children or
youth during waking hours, one (1) on-duty
Youth Care Worker for every sixteen (16)
children or youth during sleeping hours, and
clinician ratios to children (including mental
health providers) as required in grantee
cooperative agreements;
(2) the Secretary may grant a 60-day waiver for a
contractor's or grantee's non-compliance with paragraph
(1) if the Secretary certifies and provides a report to
Congress on the contractor's or grantee's good-faith
efforts and progress towards compliance;
(3) not more than four consecutive waivers under
paragraph (2) may be granted to a contractor or grantee
with respect to a specific facility;
(4) ORR shall ensure full adherence to the monitoring
requirements set forth in section 5.5 of its Policies
and Procedures Guide as of May 15, 2019;
(5) for any such unlicensed facility in operation for
more than three consecutive months, ORR shall conduct a
minimum of one comprehensive monitoring visit during
the first three months of operation, with quarterly
monitoring visits thereafter; and
(6) not later than 60 days after the date of
enactment of this Act, ORR shall brief the Committees
on Appropriations of the House of Representatives and
the Senate outlining the requirements of ORR for influx
facilities including any requirement listed in
paragraph (1)(A) that the Secretary has determined are
not applicable to non-State licensed facilities.
Sec. 233. In addition to the existing Congressional
notification for formal site assessments of potential influx
facilities, the Secretary shall notify the Committees on
Appropriations of the House of Representatives and the Senate
at least 15 days before operationalizing an unlicensed
facility, and shall (1) specify whether the facility is hard-
sided or soft-sided, and (2) provide analysis that indicates
that, in the absence of the influx facility, the likely outcome
is that unaccompanied alien children will remain in the custody
of the Department of Homeland Security for longer than 72 hours
or that unaccompanied alien children will be otherwise placed
in danger. Within 60 days of bringing such a facility online,
and monthly thereafter, the Secretary shall provide to the
Committees on Appropriations of the House of Representatives
and the Senate a report detailing the total number of children
in care at the facility, the average length of stay and average
length of care of children at the facility, and, for any child
that has been at the facility for more than 60 days, their
length of stay and reason for delay in release.
Sec. 234. None of the funds made available in this Act may
be used to prevent a United States Senator or Member of the
House of Representatives from entering, for the purpose of
conducting oversight, any facility in the United States used
for the purpose of maintaining custody of, or otherwise
housing, unaccompanied alien children (as defined in section
462(g)(2) of the Homeland Security Act of 2002 (6 U.S.C.
279(g)(2))), provided that such Senator or Member has
coordinated the oversight visit with the Office of Refugee
Resettlement not less than two business days in advance to
ensure that such visit would not interfere with the operations
(including child welfare and child safety operations) of such
facility.
Sec. 235. Not later than 14 days after the date of enactment
of this Act, and monthly thereafter, the Secretary shall submit
to the Committees on Appropriations of the House of
Representatives and the Senate, and make publicly available
online, a report with respect to children who were separated
from their parents or legal guardians by the Department of
Homeland Security (DHS) (regardless of whether or not such
separation was pursuant to an option selected by the children,
parents, or guardians), subsequently classified as
unaccompanied alien children, and transferred to the care and
custody of ORR during the previous month. Each report shall
contain the following information:
(1) the number and ages of children so separated
subsequent to apprehension at or between ports of
entry, to be reported by sector where separation
occurred; and
(2) the documented cause of separation, as reported
by DHS when each child was referred.
Sec. 236. Funds appropriated in this Act that are available
for salaries and expenses of employees of the Centers for
Disease Control and Prevention shall also be available for the
primary and secondary schooling of eligible dependents of
personnel stationed in a U.S. territory as defined in section
229 of this Act at costs not in excess of those paid for or
reimbursed by the Department of Defense.
Sec. 237. Of the unobligated balances available in the
``Nonrecurring Expenses Fund'' established in section 223 of
division G of Public Law 110-161, $225,000,000, in addition to
any funds otherwise made available for such purpose in this or
subsequent fiscal years, shall be available for buildings and
facilities at the National Institutes of Health.
Sec. 238. Of the unobligated balances available in the
``Nonrecurring Expenses Fund'' established in section 223 of
division G of Public Law 110-161, $225,000,000, shall be
available for acquisition of real property, equipment,
construction, demolition, installation, renovation of
facilities, and related infrastructure improvements for the
Centers for Disease Control and Prevention's Chamblee Campus.
Sec. 239. Of the funds provided under the heading ``CDC-Wide
Activities and Program Support'', $85,000,000, to remain
available until expended, shall be available to the Director of
the CDC for deposit in the Infectious Diseases Rapid Response
Reserve Fund established by section 231 of division B of Public
Law 115-245: Provided, That such amount may be available for
Ebola preparedness and response activities without regard to
the limitations in the third proviso in such section 231.
(rescission)
Sec. 240. Of the unobligated balances in the ``Nonrecurring
Expenses Fund'' established in section 223 of division G of
Public Law 110-161, $350,000,000 are hereby rescinded not later
than September 30, 2020.
This title may be cited as the ``Department of Health and
Human Services Appropriations Act, 2020''.
TITLE III
DEPARTMENT OF EDUCATION
Education for the Disadvantaged
For carrying out title I and subpart 2 of part B of title II
of the Elementary and Secondary Education Act of 1965 (referred
to in this Act as ``ESEA'') and section 418A of the Higher
Education Act of 1965 (referred to in this Act as ``HEA''),
$16,996,790,000, of which $6,077,990,000 shall become available
on July 1, 2020, and shall remain available through September
30, 2021, and of which $10,841,177,000 shall become available
on October 1, 2020, and shall remain available through
September 30, 2021, for academic year 2020-2021: Provided,
That $6,459,401,000 shall be for basic grants under section
1124 of the ESEA: Provided further, That up to $5,000,000 of
these funds shall be available to the Secretary of Education
(referred to in this title as ``Secretary'') on October 1,
2019, to obtain annually updated local educational agency-level
census poverty data from the Bureau of the Census: Provided
further, That $1,362,301,000 shall be for concentration grants
under section 1124A of the ESEA: Provided further, That
$4,244,050,000 shall be for targeted grants under section 1125
of the ESEA: Provided further, That $4,244,050,000 shall be
for education finance incentive grants under section 1125A of
the ESEA: Provided further, That $219,000,000 shall be for
carrying out subpart 2 of part B of title II: Provided
further, That $45,623,000 shall be for carrying out section
418A of the HEA.
Impact Aid
For carrying out programs of financial assistance to
federally affected schools authorized by title VII of the ESEA,
$1,486,112,000, of which $1,340,242,000 shall be for basic
support payments under section 7003(b), $48,316,000 shall be
for payments for children with disabilities under section
7003(d), $17,406,000 shall be for construction under section
7007(a), $75,313,000 shall be for Federal property payments
under section 7002, and $4,835,000, to remain available until
expended, shall be for facilities maintenance under section
7008: Provided, That for purposes of computing the amount of a
payment for an eligible local educational agency under section
7003(a) for school year 2019-2020, children enrolled in a
school of such agency that would otherwise be eligible for
payment under section 7003(a)(1)(B) of such Act, but due to the
deployment of both parents or legal guardians, or a parent or
legal guardian having sole custody of such children, or due to
the death of a military parent or legal guardian while on
active duty (so long as such children reside on Federal
property as described in section 7003(a)(1)(B)), are no longer
eligible under such section, shall be considered as eligible
students under such section, provided such students remain in
average daily attendance at a school in the same local
educational agency they attended prior to their change in
eligibility status.
School Improvement Programs
For carrying out school improvement activities authorized by
part B of title I, part A of title II, subpart 1 of part A of
title IV, part B of title IV, part B of title V, and parts B
and C of title VI of the ESEA; the McKinney-Vento Homeless
Assistance Act; section 203 of the Educational Technical
Assistance Act of 2002; the Compact of Free Association
Amendments Act of 2003; and the Civil Rights Act of 1964,
$5,404,967,000, of which $3,575,402,000 shall become available
on July 1, 2020, and remain available through September 30,
2021, and of which $1,681,441,000 shall become available on
October 1, 2020, and shall remain available through September
30, 2021, for academic year 2020-2021: Provided, That
$378,000,000 shall be for part B of title I: Provided further,
That $1,249,673,000 shall be for part B of title IV: Provided
further, That $36,897,000 shall be for part B of title VI,
which may be used for construction, renovation, and
modernization of any public elementary school, secondary
school, or structure related to a public elementary school or
secondary school that serves a predominantly Native Hawaiian
student body, and that the 5 percent limitation in section
6205(b) of the ESEA on the use of funds for administrative
purposes shall apply only to direct administrative costs:
Provided further, That $35,953,000 shall be for part C of title
VI, which shall be awarded on a competitive basis, and may be
used for construction, and that the 5 percent limitation in
section 6305 of the ESEA on the use of funds for administrative
purposes shall apply only to direct administrative costs:
Provided further, That $52,000,000 shall be available to carry
out section 203 of the Educational Technical Assistance Act of
2002 and the Secretary shall make such arrangements as
determined to be necessary to ensure that the Bureau of Indian
Education has access to services provided under this section:
Provided further, That $16,699,000 shall be available to carry
out the Supplemental Education Grants program for the Federated
States of Micronesia and the Republic of the Marshall Islands:
Provided further, That the Secretary may reserve up to 5
percent of the amount referred to in the previous proviso to
provide technical assistance in the implementation of these
grants: Provided further, That $185,840,000 shall be for part
B of title V: Provided further, That $1,210,000,000 shall be
available for grants under subpart 1 of part A of title IV.
Indian Education
For expenses necessary to carry out, to the extent not
otherwise provided, title VI, part A of the ESEA, $180,739,000,
of which $67,993,000 shall be for subpart 2 of part A of title
VI and $7,365,000 shall be for subpart 3 of part A of title VI:
Provided, That the 5 percent limitation in sections 6115(d),
6121(e), and 6133(g) of the ESEA on the use of funds for
administrative purposes shall apply only to direct
administrative costs.
Innovation and Improvement
For carrying out activities authorized by subparts 1, 3 and 4
of part B of title II, and parts C, D, and E and subparts 1 and
4 of part F of title IV of the ESEA, $1,103,815,000: Provided,
That $284,815,000 shall be for subparts 1, 3 and 4 of part B of
title II and shall be made available without regard to sections
2201, 2231(b) and 2241: Provided further, That $629,000,000
shall be for parts C, D, and E and subpart 4 of part F of title
IV, and shall be made available without regard to sections
4311, 4409(a), and 4601 of the ESEA: Provided further, That
section 4303(d)(3)(A)(i) shall not apply to the funds available
for part C of title IV: Provided further, That of the funds
available for part C of title IV, the Secretary shall use
$60,000,000 to carry out section 4304, of which not more than
$10,000,000 shall be available to carry out section 4304(k),
$140,000,000, to remain available through March 31, 2021, to
carry out section 4305(b), and not more than $15,000,000 to
carry out the activities in section 4305(a)(3): Provided
further, That notwithstanding section 4601(b), $190,000,000
shall be available through December 31, 2020 for subpart 1 of
part F of title IV.
Safe Schools and Citizenship Education
For carrying out activities authorized by subparts 2 and 3 of
part F of title IV of the ESEA, $210,000,000: Provided, That
$105,000,000 shall be available for section 4631, of which up
to $5,000,000, to remain available until expended, shall be for
the Project School Emergency Response to Violence (Project
SERV) program: Provided further, That $25,000,000 shall be
available for section 4625: Provided further, That $80,000,000
shall be available through December 31, 2020, for section 4624,
of which $6,000,000 shall be for additional two-year extension
awards to grantees that received such awards in fiscal year
2018.
English Language Acquisition
For carrying out part A of title III of the ESEA,
$787,400,000, which shall become available on July 1, 2020, and
shall remain available through September 30, 2021, except that
6.5 percent of such amount shall be available on October 1,
2019, and shall remain available through September 30, 2021, to
carry out activities under section 3111(c)(1)(C).
Special Education
For carrying out the Individuals with Disabilities Education
Act (IDEA) and the Special Olympics Sport and Empowerment Act
of 2004, $13,885,228,000, of which $4,352,129,000 shall become
available on July 1, 2020, and shall remain available through
September 30, 2021, and of which $9,283,383,000 shall become
available on October 1, 2020, and shall remain available
through September 30, 2021, for academic year 2020-2021:
Provided, That the amount for section 611(b)(2) of the IDEA
shall be equal to the lesser of the amount available for that
activity during fiscal year 2019, increased by the amount of
inflation as specified in section 619(d)(2)(B) of the IDEA, or
the percent change in the funds appropriated under section
611(i) of the IDEA, but not less than the amount for that
activity during fiscal year 2019: Provided further, That the
Secretary shall, without regard to section 611(d) of the IDEA,
distribute to all other States (as that term is defined in
section 611(g)(2)), subject to the third proviso, any amount by
which a State's allocation under section 611, from funds
appropriated under this heading, is reduced under section
612(a)(18)(B), according to the following: 85 percent on the
basis of the States' relative populations of children aged 3
through 21 who are of the same age as children with
disabilities for whom the State ensures the availability of a
free appropriate public education under this part, and 15
percent to States on the basis of the States' relative
populations of those children who are living in poverty:
Provided further, That the Secretary may not distribute any
funds under the previous proviso to any State whose reduction
in allocation from funds appropriated under this heading made
funds available for such a distribution: Provided further,
That the States shall allocate such funds distributed under the
second proviso to local educational agencies in accordance with
section 611(f): Provided further, That the amount by which a
State's allocation under section 611(d) of the IDEA is reduced
under section 612(a)(18)(B) and the amounts distributed to
States under the previous provisos in fiscal year 2012 or any
subsequent year shall not be considered in calculating the
awards under section 611(d) for fiscal year 2013 or for any
subsequent fiscal years: Provided further, That,
notwithstanding the provision in section 612(a)(18)(B)
regarding the fiscal year in which a State's allocation under
section 611(d) is reduced for failure to comply with the
requirement of section 612(a)(18)(A), the Secretary may apply
the reduction specified in section 612(a)(18)(B) over a period
of consecutive fiscal years, not to exceed five, until the
entire reduction is applied: Provided further, That the
Secretary may, in any fiscal year in which a State's allocation
under section 611 is reduced in accordance with section
612(a)(18)(B), reduce the amount a State may reserve under
section 611(e)(1) by an amount that bears the same relation to
the maximum amount described in that paragraph as the reduction
under section 612(a)(18)(B) bears to the total allocation the
State would have received in that fiscal year under section
611(d) in the absence of the reduction: Provided further, That
the Secretary shall either reduce the allocation of funds under
section 611 for any fiscal year following the fiscal year for
which the State fails to comply with the requirement of section
612(a)(18)(A) as authorized by section 612(a)(18)(B), or seek
to recover funds under section 452 of the General Education
Provisions Act (20 U.S.C. 1234a): Provided further, That the
funds reserved under 611(c) of the IDEA may be used to provide
technical assistance to States to improve the capacity of the
States to meet the data collection requirements of sections 616
and 618 and to administer and carry out other services and
activities to improve data collection, coordination, quality,
and use under parts B and C of the IDEA: Provided further,
That the Secretary may use funds made available for the State
Personnel Development Grants program under part D, subpart 1 of
IDEA to evaluate program performance under such subpart:
Provided further, That States may use funds reserved for other
State-level activities under sections 611(e)(2) and 619(f) of
the IDEA to make subgrants to local educational agencies,
institutions of higher education, other public agencies, and
private non-profit organizations to carry out activities
authorized by those sections: Provided further, That,
notwithstanding section 643(e)(2)(A) of the IDEA, if 5 or fewer
States apply for grants pursuant to section 643(e) of such Act,
the Secretary shall provide a grant to each State in an amount
equal to the maximum amount described in section 643(e)(2)(B)
of such Act: Provided further, That if more than 5 States
apply for grants pursuant to section 643(e) of the IDEA, the
Secretary shall award funds to those States on the basis of the
States' relative populations of infants and toddlers except
that no such State shall receive a grant in excess of the
amount described in section 643(e)(2)(B) of such Act.
Rehabilitation Services
For carrying out, to the extent not otherwise provided, the
Rehabilitation Act of 1973 and the Helen Keller National Center
Act, $3,747,739,000, of which $3,610,040,000 shall be for
grants for vocational rehabilitation services under title I of
the Rehabilitation Act: Provided, That the Secretary may use
amounts provided in this Act that remain available subsequent
to the reallotment of funds to States pursuant to section
110(b) of the Rehabilitation Act for innovative activities
aimed at improving the outcomes of individuals with
disabilities as defined in section 7(20)(B) of the
Rehabilitation Act, including activities aimed at improving the
education and post-school outcomes of children receiving
Supplemental Security Income (``SSI'') and their families that
may result in long-term improvement in the SSI child
recipient's economic status and self-sufficiency: Provided
further, That States may award subgrants for a portion of the
funds to other public and private, nonprofit entities:
Provided further, That any funds made available subsequent to
reallotment for innovative activities aimed at improving the
outcomes of individuals with disabilities shall remain
available until September 30, 2021.
Special Institutions for Persons With Disabilities
american printing house for the blind
For carrying out the Act to Promote the Education of the
Blind of March 3, 1879, $32,431,000.
national technical institute for the deaf
For the National Technical Institute for the Deaf under
titles I and II of the Education of the Deaf Act of 1986,
$79,500,000: Provided, That from the total amount available,
the Institute may at its discretion use funds for the endowment
program as authorized under section 207 of such Act.
gallaudet university
For the Kendall Demonstration Elementary School, the Model
Secondary School for the Deaf, and the partial support of
Gallaudet University under titles I and II of the Education of
the Deaf Act of 1986, $137,361,000: Provided, That from the
total amount available, the University may at its discretion
use funds for the endowment program as authorized under section
207 of such Act.
Career, Technical, and Adult Education
For carrying out, to the extent not otherwise provided, the
Carl D. Perkins Career and Technical Education Act of 2006
(``Perkins Act'') and the Adult Education and Family Literacy
Act (``AEFLA''), $1,960,686,000, of which $1,169,686,000 shall
become available on July 1, 2020, and shall remain available
through September 30, 2021, and of which $791,000,000 shall
become available on October 1, 2020, and shall remain available
through September 30, 2021: Provided, That of the amounts made
available for AEFLA, $13,712,000 shall be for national
leadership activities under section 242.
Student Financial Assistance
For carrying out subparts 1, 3, and 10 of part A, and part C
of title IV of the HEA, $24,520,352,000 which shall remain
available through September 30, 2021.
The maximum Pell Grant for which a student shall be eligible
during award year 2020-2021 shall be $5,285.
Student Aid Administration
For Federal administrative expenses to carry out part D of
title I, and subparts 1, 3, 9, and 10 of part A, and parts B,
C, D, and E of title IV of the HEA, and subpart 1 of part A of
title VII of the Public Health Service Act, $1,768,943,000, to
remain available through September 30, 2021: Provided, That
the Secretary shall allocate new student loan borrower accounts
to eligible student loan servicers on the basis of their past
performance compared to all loan servicers utilizing
established common metrics, and on the basis of the capacity of
each servicer to process new and existing accounts: Provided
further, That for student loan contracts awarded prior to
October 1, 2017, the Secretary shall allow student loan
borrowers who are consolidating Federal student loans to select
from any student loan servicer to service their new
consolidated student loan: Provided further, That in order to
promote accountability and high-quality service to borrowers,
the Secretary shall not award funding for any contract
solicitation for a new Federal student loan servicing
environment, including the solicitation for the Federal Student
Aid (FSA) Next Generation Processing and Servicing Environment,
unless such an environment provides for the participation of
multiple student loan servicers that contract directly with the
Department of Education to manage a unique portfolio of
borrower accounts and the full life-cycle of loans from
disbursement to pay-off with certain limited exceptions, and
allocates student loan borrower accounts to eligible student
loan servicers based on performance: Provided further, That
the Department shall re-allocate accounts from servicers for
recurring non-compliance with FSA guidelines, contractual
requirements, and applicable laws, including for failure to
sufficiently inform borrowers of available repayment options:
Provided further, That such servicers shall be evaluated based
on their ability to meet contract requirements (including an
understanding of Federal and State law), future performance on
the contracts, and history of compliance with applicable
consumer protections laws: Provided further, That to the
extent FSA permits student loan servicing subcontracting, FSA
shall hold prime contractors accountable for meeting the
requirements of the contract, and the performance and
expectations of subcontractors shall be accounted for in the
prime contract and in the overall performance of the prime
contractor: Provided further, That FSA shall ensure that the
Next Generation Processing and Servicing Environment, or any
new Federal loan servicing environment, incentivize more
support to borrowers at risk of delinquency or default:
Provided further, That FSA shall ensure that in such
environment contractors have the capacity to meet and are held
accountable for performance on service levels; are held
accountable for and have a history of compliance with
applicable consumer protection laws; and have relevant
experience and demonstrated effectiveness: Provided further,
That the Secretary shall provide quarterly briefings to the
Committees on Appropriations and Education and Labor of the
House of Representatives and the Committees on Appropriations
and Health, Education, Labor, and Pensions of the Senate on
general progress related to solicitations for Federal student
loan servicing contracts: Provided further, That FSA shall
strengthen transparency through expanded publication of
aggregate data on student loan and servicer performance.
Higher Education
For carrying out, to the extent not otherwise provided,
titles II, III, IV, V, VI, VII, and VIII of the HEA, the Mutual
Educational and Cultural Exchange Act of 1961, and section 117
of the Perkins Act, $2,475,792,000, of which $24,500,000 shall
remain available through December 31, 2020: Provided, That
notwithstanding any other provision of law, funds made
available in this Act to carry out title VI of the HEA and
section 102(b)(6) of the Mutual Educational and Cultural
Exchange Act of 1961 may be used to support visits and study in
foreign countries by individuals who are participating in
advanced foreign language training and international studies in
areas that are vital to United States national security and who
plan to apply their language skills and knowledge of these
countries in the fields of government, the professions, or
international development: Provided further, That of the funds
referred to in the preceding proviso up to 1 percent may be
used for program evaluation, national outreach, and information
dissemination activities: Provided further, That up to 1.5
percent of the funds made available under chapter 2 of subpart
2 of part A of title IV of the HEA may be used for evaluation.
Howard University
For partial support of Howard University, $240,018,000, of
which not less than $3,405,000 shall be for a matching
endowment grant pursuant to the Howard University Endowment Act
and shall remain available until expended.
College Housing and Academic Facilities Loans Program
For Federal administrative expenses to carry out activities
related to existing facility loans pursuant to section 121 of
the HEA, $435,000.
Historically Black College and University Capital Financing Program
Account
For the cost of guaranteed loans, $20,150,000, as authorized
pursuant to part D of title III of the HEA, which shall remain
available through September 30, 2021: Provided, That such
costs, including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974:
Provided further, That these funds are available to subsidize
total loan principal, any part of which is to be guaranteed,
not to exceed $212,100,000: Provided further, That these funds
may be used to support loans to public and private Historically
Black Colleges and Universities without regard to the
limitations within section 344(a) of the HEA.
In addition, $16,000,000 shall be made available to provide
for the deferment of loans made under part D of title III of
the HEA to eligible institutions that are private Historically
Black Colleges and Universities, which apply for the deferment
of such a loan and demonstrate financial need for such
deferment by having a score of 2.6 or less on the Department of
Education's financial responsibility test: Provided, That the
loan has not been paid in full and is not paid in full during
the period of deferment: Provided further, That during the
period of deferment of such a loan, interest on the loan will
not accrue or be capitalized, and the period of deferment shall
be for at least a period of 3-fiscal years and not more than 6-
fiscal years: Provided further, That funds available under
this paragraph shall be used to fund eligible deferment
requests submitted for this purpose in fiscal year 2018:
Provided further, That the Secretary shall create and execute
an outreach plan to work with States and the Capital Financing
Advisory Board to improve outreach to States and help
additional public Historically Black Colleges and Universities
participate in the program.
In addition, $10,000,000 shall be made available to provide
for the deferment of loans made under part D of title III of
the HEA to eligible institutions that are public Historically
Black Colleges and Universities, which apply for the deferment
of such a loan and demonstrate financial need for such
deferment, which shall be determined by the Secretary of
Education based on factors including, but not limited to, equal
to or greater than 5 percent of the school's operating revenue
relative to its annual debt service payment: Provided, That
during the period of deferment of such a loan, interest on the
loan will not accrue or be capitalized, and the period of
deferment shall be for at least a period of 3-fiscal years and
not more than 6-fiscal years.
In addition, for administrative expenses to carry out the
Historically Black College and University Capital Financing
Program entered into pursuant to part D of title III of the
HEA, $334,000.
Institute of Education Sciences
For carrying out activities authorized by the Education
Sciences Reform Act of 2002, the National Assessment of
Educational Progress Authorization Act, section 208 of the
Educational Technical Assistance Act of 2002, and section 664
of the Individuals with Disabilities Education Act,
$623,462,000, which shall remain available through September
30, 2021: Provided, That funds available to carry out section
208 of the Educational Technical Assistance Act may be used to
link Statewide elementary and secondary data systems with early
childhood, postsecondary, and workforce data systems, or to
further develop such systems: Provided further, That up to
$6,000,000 of the funds available to carry out section 208 of
the Educational Technical Assistance Act may be used for awards
to public or private organizations or agencies to support
activities to improve data coordination, quality, and use at
the local, State, and national levels.
Departmental Management
program administration
For carrying out, to the extent not otherwise provided, the
Department of Education Organization Act, including rental of
conference rooms in the District of Columbia and hire of three
passenger motor vehicles, $430,000,000: Provided, That,
notwithstanding any other provision of law, none of the funds
provided by this Act or provided by previous Appropriations
Acts to the Department of Education available for obligation or
expenditure in the current fiscal year may be used for any
activity relating to implementing a reorganization that
decentralizes, reduces the staffing level, or alters the
responsibilities, structure, authority, or functionality of the
Budget Service of the Department of Education, relative to the
organization and operation of the Budget Service as in effect
on January 1, 2018.
office for civil rights
For expenses necessary for the Office for Civil Rights, as
authorized by section 203 of the Department of Education
Organization Act, $130,000,000.
office of inspector general
For expenses necessary for the Office of Inspector General,
as authorized by section 212 of the Department of Education
Organization Act, $63,000,000.
General Provisions
Sec. 301. No funds appropriated in this Act may be used to
prevent the implementation of programs of voluntary prayer and
meditation in the public schools.
(transfer of funds)
Sec. 302. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control
Act of 1985) which are appropriated for the Department of
Education in this Act may be transferred between
appropriations, but no such appropriation shall be increased by
more than 3 percent by any such transfer: Provided, That the
transfer authority granted by this section shall not be used to
create any new program or to fund any project or activity for
which no funds are provided in this Act: Provided further,
That the Committees on Appropriations of the House of
Representatives and the Senate are notified at least 15 days in
advance of any transfer.
Sec. 303. Funds appropriated in this Act and consolidated
for evaluation purposes under section 8601(c) of the ESEA shall
be available from July 1, 2020, through September 30, 2021.
Sec. 304. (a) An institution of higher education that
maintains an endowment fund supported with funds appropriated
for title III or V of the HEA for fiscal year 2020 may use the
income from that fund to award scholarships to students,
subject to the limitation in section 331(c)(3)(B)(i) of the
HEA. The use of such income for such purposes, prior to the
enactment of this Act, shall be considered to have been an
allowable use of that income, subject to that limitation.
(b) Subsection (a) shall be in effect until titles III and V
of the HEA are reauthorized.
Sec. 305. Section 114(f) of the HEA (20 U.S.C. 1011c(f)) is
amended by striking ``2019'' and inserting ``2020''.
Sec. 306. Section 458(a) of the HEA (20 U.S.C. 1087h(a)) is
amended in paragraph (4) by striking ``2019'' and inserting
``2020''.
Sec. 307. Funds appropriated in this Act under the heading
``Student Aid Administration'' may be available for payments
for student loan servicing to an institution of higher
education that services outstanding Federal Perkins Loans under
part E of title IV of the Higher Education Act of 1965 (20
U.S.C. 1087aa et seq.).
(rescission)
Sec. 308. Of the unobligated balances available under the
heading ``Student Financial Assistance'' for carrying out
subpart 1 of part A of title IV of the HEA, $500,000,000 are
hereby rescinded.
Sec. 309. Of the amounts appropriated under Section
401(b)(7)(A)(iv)(X) of the Higher Education Act of 1965 (20
U.S.C. 1070a(b)(7)(A)(iv)(X)), $50,000,000 are hereby
rescinded.
Sec. 310. The Elementary and Secondary Education Act of 1965
(20 U.S.C. 6301 et seq) is amended--(1) in the part heading for
part B of title IV, by inserting ``NITA M. LOWEY'' before
``21ST''; and (2) in the table of contents of that Act, by
striking the part heading for part B of title IV and inserting
the following: ``PART B--NITA M. LOWEY 21ST CENTURY COMMUNITY
LEARNING CENTERS''.
Sec. 311. (a) In General.--For the purpose of carrying out 34
CFR Sec. 668.206(a)(1), the Secretary of Education may waive
the requirements under 34 CFR Sec. 668.213(b)(1) for an
institution of higher education that offers an associate
degree, is a public institution, and is located in an
economically distressed county, defined as a county with a
poverty rate of at least 25 percent based on the U.S. Census
Bureau's Small Area Income and Poverty Estimate program data
for 2017 that was impacted by Hurricane Matthew.
(b) Applicability.--Subsection (a) shall apply to an
institution of higher education that otherwise would be
ineligible to participate in a program under part D of title IV
of the Higher Education Act of 1965 on or after the date of
enactment of this Act due to the application of 34 CFR
Sec. 668.206(a)(1).
(c) Coverage.--This section shall be in effect for the period
covered by this Act and for the succeeding fiscal year.
Sec. 312. Of the amounts made available under this title
under the heading ``Student Aid Administration'', $2,300,000
shall be used by the Secretary of Education to conduct outreach
to borrowers of loans made under part D of title IV of the
Higher Education Act of 1965 who may intend to qualify for loan
cancellation under section 455(m) of such Act (20 U.S.C.
1087e(m)), to ensure that borrowers are meeting the terms and
conditions of such loan cancellation: Provided, That the
Secretary shall specifically conduct outreach to assist
borrowers who would qualify for loan cancellation under section
455(m) of such Act except that the borrower has made some, or
all, of the 120 required payments under a repayment plan that
is not described under section 455(m)(A) of such Act, to
encourage borrowers to enroll in a qualifying repayment plan:
Provided further, That the Secretary shall also communicate to
all Direct Loan borrowers the full requirements of section
455(m) of such Act and improve the filing of employment
certification by providing improved outreach and information
such as outbound calls, electronic communications, ensuring
prominent access to program requirements and benefits on each
servicer's website, and creating an option for all borrowers to
complete the entire payment certification process
electronically and on a centralized website.
Sec. 313. None of the funds made available by this Act may
be used in contravention of section 203 of the Department of
Education Organization Act (20 U.S.C. 3413).
Sec. 314. For an additional amount for ``Department of
Education--Federal Direct Student Loan Program Account'',
$50,000,000, to remain available until expended, shall be for
the cost, as defined under section 502 of the Congressional
Budget Act of 1974, of the Secretary of Education providing
loan cancellation in the same manner as under section 455(m) of
the Higher Education Act of 1965 (20 U.S.C. 1087e(m)), for
borrowers of loans made under part D of title IV of such Act
who would qualify for loan cancellation under section 455(m)
except some, or all, of the 120 required payments under section
455(m)(1)(A) do not qualify for purposes of the program because
they were monthly payments made in accordance with graduated or
extended repayment plans as described under subparagraph (B) or
(C) of section 455(d)(1) or the corresponding repayment plan
for a consolidation loan made under section 455(g) and that
were less than the amount calculated under section
455(d)(1)(A), based on a 10-year repayment period: Provided,
That the monthly payment made 12 months before the borrower
applied for loan cancellation as described in the matter
preceding this proviso and the most recent monthly payment made
by the borrower at the time of such application were each not
less than the monthly amount that would be calculated under,
and for which the borrower would otherwise qualify for, clause
(i) or (iv) of section 455(m)(1)(A) regarding income-based or
income-contingent repayment plans, with exception for a
borrower who would have otherwise been eligible under this
section but demonstrates an unusual fluctuation of income over
the past 5 years: Provided further, That the total loan
volume, including outstanding principal, fees, capitalized
interest, or accrued interest, at application that is eligible
for such loan cancellation by such borrowers shall not exceed
$75,000,000: Provided further, That the Secretary shall
develop and make available a simple method for borrowers to
apply for loan cancellation under this section within 60 days
of enactment of this Act: Provided further, That the Secretary
shall provide loan cancellation under this section to eligible
borrowers on a first-come, first-serve basis, based on the date
of application and subject to both the limitation on total loan
volume at application for such loan cancellation specified in
the second proviso and the availability of appropriations under
this section: Provided further, That no borrower may, for the
same service, receive a reduction of loan obligations under
both this section and section 428J, 428K, 428L, or 460 of such
Act.
This title may be cited as the ``Department of Education
Appropriations Act, 2020''.
TITLE IV
RELATED AGENCIES
Committee for Purchase From People Who Are Blind or Severely Disabled
salaries and expenses
For expenses necessary for the Committee for Purchase From
People Who Are Blind or Severely Disabled (referred to in this
title as ``the Committee'') established under section 8502 of
title 41, United States Code, $10,000,000: Provided, That in
order to authorize any central nonprofit agency designated
pursuant to section 8503(c) of title 41, United States Code, to
perform requirements of the Committee as prescribed under
section 51-3.2 of title 41, Code of Federal Regulations, the
Committee shall enter into a written agreement with any such
central nonprofit agency: Provided further, That such
agreement shall contain such auditing, oversight, and reporting
provisions as necessary to implement chapter 85 of title 41,
United States Code: Provided further, That such agreement
shall include the elements listed under the heading ``Committee
For Purchase From People Who Are Blind or Severely Disabled--
Written Agreement Elements'' in the explanatory statement
described in section 4 of Public Law 114-113 (in the matter
preceding division A of that consolidated Act): Provided
further, That any such central nonprofit agency may not charge
a fee under section 51-3.5 of title 41, Code of Federal
Regulations, prior to executing a written agreement with the
Committee: Provided further, That no less than $1,650,000
shall be available for the Office of Inspector General.
Corporation for National and Community Service
operating expenses
For necessary expenses for the Corporation for National and
Community Service (referred to in this title as ``CNCS'') to
carry out the Domestic Volunteer Service Act of 1973 (referred
to in this title as ``1973 Act'') and the National and
Community Service Act of 1990 (referred to in this title as
``1990 Act''), $806,529,000, notwithstanding sections
198B(b)(3), 198S(g), 501(a)(4)(C), and 501(a)(4)(F) of the 1990
Act: Provided, That of the amounts provided under this
heading: (1) up to 1 percent of program grant funds may be used
to defray the costs of conducting grant application reviews,
including the use of outside peer reviewers and electronic
management of the grants cycle; (2) $17,538,000 shall be
available to provide assistance to State commissions on
national and community service, under section 126(a) of the
1990 Act and notwithstanding section 501(a)(5)(B) of the 1990
Act; (3) $32,500,000 shall be available to carry out subtitle E
of the 1990 Act; and (4) $6,400,000 shall be available for
expenses authorized under section 501(a)(4)(F) of the 1990 Act,
which, notwithstanding the provisions of section 198P shall be
awarded by CNCS on a competitive basis: Provided further, That
for the purposes of carrying out the 1990 Act, satisfying the
requirements in section 122(c)(1)(D) may include a
determination of need by the local community.
payment to the national service trust
(including transfer of funds)
For payment to the National Service Trust established under
subtitle D of title I of the 1990 Act, $208,342,000, to remain
available until expended: Provided, That CNCS may transfer
additional funds from the amount provided within ``Operating
Expenses'' allocated to grants under subtitle C of title I of
the 1990 Act to the National Service Trust upon determination
that such transfer is necessary to support the activities of
national service participants and after notice is transmitted
to the Committees on Appropriations of the House of
Representatives and the Senate: Provided further, That amounts
appropriated for or transferred to the National Service Trust
may be invested under section 145(b) of the 1990 Act without
regard to the requirement to apportion funds under 31 U.S.C.
1513(b).
salaries and expenses
For necessary expenses of administration as provided under
section 501(a)(5) of the 1990 Act and under section 504(a) of
the 1973 Act, including payment of salaries, authorized travel,
hire of passenger motor vehicles, the rental of conference
rooms in the District of Columbia, the employment of experts
and consultants authorized under 5 U.S.C. 3109, and not to
exceed $2,500 for official reception and representation
expenses, $83,737,000.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, $5,750,000.
administrative provisions
Sec. 401. CNCS shall make any significant changes to program
requirements, service delivery or policy only through public
notice and comment rulemaking. For fiscal year 2020, during any
grant selection process, an officer or employee of CNCS shall
not knowingly disclose any covered grant selection information
regarding such selection, directly or indirectly, to any person
other than an officer or employee of CNCS that is authorized by
CNCS to receive such information.
Sec. 402. AmeriCorps programs receiving grants under the
National Service Trust program shall meet an overall minimum
share requirement of 24 percent for the first 3 years that they
receive AmeriCorps funding, and thereafter shall meet the
overall minimum share requirement as provided in section
2521.60 of title 45, Code of Federal Regulations, without
regard to the operating costs match requirement in section
121(e) or the member support Federal share limitations in
section 140 of the 1990 Act, and subject to partial waiver
consistent with section 2521.70 of title 45, Code of Federal
Regulations.
Sec. 403. Donations made to CNCS under section 196 of the
1990 Act for the purposes of financing programs and operations
under titles I and II of the 1973 Act or subtitle B, C, D, or E
of title I of the 1990 Act shall be used to supplement and not
supplant current programs and operations.
Sec. 404. In addition to the requirements in section 146(a)
of the 1990 Act, use of an educational award for the purpose
described in section 148(a)(4) shall be limited to individuals
who are veterans as defined under section 101 of the Act.
Sec. 405. For the purpose of carrying out section 189D of
the 1990 Act--
(1) entities described in paragraph (a) of such
section shall be considered ``qualified entities''
under section 3 of the National Child Protection Act of
1993 (``NCPA'');
(2) individuals described in such section shall be
considered ``volunteers'' under section 3 of NCPA; and
(3) State Commissions on National and Community
Service established pursuant to section 178 of the 1990
Act, are authorized to receive criminal history record
information, consistent with Public Law 92-544.
Sec. 406. Notwithstanding sections 139(b), 146 and 147 of
the 1990 Act, an individual who successfully completes a term
of service of not less than 1,200 hours during a period of not
more than one year may receive a national service education
award having a value of 70 percent of the value of a national
service education award determined under section 147(a) of the
Act.
Corporation for Public Broadcasting
For payment to the Corporation for Public Broadcasting
(``CPB''), as authorized by the Communications Act of 1934, an
amount which shall be available within limitations specified by
that Act, for the fiscal year 2022, $465,000,000: Provided,
That none of the funds made available to CPB by this Act shall
be used to pay for receptions, parties, or similar forms of
entertainment for Government officials or employees: Provided
further, That none of the funds made available to CPB by this
Act shall be available or used to aid or support any program or
activity from which any person is excluded, or is denied
benefits, or is discriminated against, on the basis of race,
color, national origin, religion, or sex: Provided further,
That none of the funds made available to CPB by this Act shall
be used to apply any political test or qualification in
selecting, appointing, promoting, or taking any other personnel
action with respect to officers, agents, and employees of CPB.
In addition, for the costs associated with replacing and
upgrading the public broadcasting interconnection system and
other technologies and services that create infrastructure and
efficiencies within the public media system, $20,000,000.
Federal Mediation and Conciliation Service
salaries and expenses
For expenses necessary for the Federal Mediation and
Conciliation Service (``Service'') to carry out the functions
vested in it by the Labor-Management Relations Act, 1947,
including hire of passenger motor vehicles; for expenses
necessary for the Labor-Management Cooperation Act of 1978; and
for expenses necessary for the Service to carry out the
functions vested in it by the Civil Service Reform Act,
$47,200,000, including up to $900,000 to remain available
through September 30, 2021, for activities authorized by the
Labor-Management Cooperation Act of 1978: Provided, That
notwithstanding 31 U.S.C. 3302, fees charged, up to full-cost
recovery, for special training activities and other conflict
resolution services and technical assistance, including those
provided to foreign governments and international
organizations, and for arbitration services shall be credited
to and merged with this account, and shall remain available
until expended: Provided further, That fees for arbitration
services shall be available only for education, training, and
professional development of the agency workforce: Provided
further, That the Director of the Service is authorized to
accept and use on behalf of the United States gifts of services
and real, personal, or other property in the aid of any
projects or functions within the Director's jurisdiction.
Federal Mine Safety and Health Review Commission
salaries and expenses
For expenses necessary for the Federal Mine Safety and Health
Review Commission, $17,184,000.
Institute of Museum and Library Services
office of museum and library services: grants and administration
For carrying out the Museum and Library Services Act of 1996
and the National Museum of African American History and Culture
Act, $252,000,000.
Medicaid and CHIP Payment and Access Commission
salaries and expenses
For expenses necessary to carry out section 1900 of the
Social Security Act, $8,780,000.
Medicare Payment Advisory Commission
salaries and expenses
For expenses necessary to carry out section 1805 of the
Social Security Act, $12,545,000, to be transferred to this
appropriation from the Federal Hospital Insurance Trust Fund
and the Federal Supplementary Medical Insurance Trust Fund.
National Council on Disability
salaries and expenses
For expenses necessary for the National Council on Disability
as authorized by title IV of the Rehabilitation Act of 1973,
$3,350,000.
National Labor Relations Board
salaries and expenses
For expenses necessary for the National Labor Relations Board
to carry out the functions vested in it by the Labor-Management
Relations Act, 1947, and other laws, $274,224,000: Provided,
That no part of this appropriation shall be available to
organize or assist in organizing agricultural laborers or used
in connection with investigations, hearings, directives, or
orders concerning bargaining units composed of agricultural
laborers as referred to in section 2(3) of the Act of July 5,
1935, and as amended by the Labor-Management Relations Act,
1947, and as defined in section 3(f) of the Act of June 25,
1938, and including in said definition employees engaged in the
maintenance and operation of ditches, canals, reservoirs, and
waterways when maintained or operated on a mutual, nonprofit
basis and at least 95 percent of the water stored or supplied
thereby is used for farming purposes.
administrative provisions
Sec. 407. None of the funds provided by this Act or previous
Acts making appropriations for the National Labor Relations
Board may be used to issue any new administrative directive or
regulation that would provide employees any means of voting
through any electronic means in an election to determine a
representative for the purposes of collective bargaining.
National Mediation Board
salaries and expenses
For expenses necessary to carry out the provisions of the
Railway Labor Act, including emergency boards appointed by the
President, $14,050,000.
Occupational Safety and Health Review Commission
salaries and expenses
For expenses necessary for the Occupational Safety and Health
Review Commission, $13,225,000.
Railroad Retirement Board
dual benefits payments account
For payment to the Dual Benefits Payments Account, authorized
under section 15(d) of the Railroad Retirement Act of 1974,
$16,000,000, which shall include amounts becoming available in
fiscal year 2020 pursuant to section 224(c)(1)(B) of Public Law
98-76; and in addition, an amount, not to exceed 2 percent of
the amount provided herein, shall be available proportional to
the amount by which the product of recipients and the average
benefit received exceeds the amount available for payment of
vested dual benefits: Provided, That the total amount provided
herein shall be credited in 12 approximately equal amounts on
the first day of each month in the fiscal year.
federal payments to the railroad retirement accounts
For payment to the accounts established in the Treasury for
the payment of benefits under the Railroad Retirement Act for
interest earned on unnegotiated checks, $150,000, to remain
available through September 30, 2021, which shall be the
maximum amount available for payment pursuant to section 417 of
Public Law 98-76.
limitation on administration
For necessary expenses for the Railroad Retirement Board
(``Board'') for administration of the Railroad Retirement Act
and the Railroad Unemployment Insurance Act, $123,500,000, to
be derived in such amounts as determined by the Board from the
railroad retirement accounts and from moneys credited to the
railroad unemployment insurance administration fund: Provided,
That notwithstanding section 7(b)(9) of the Railroad Retirement
Act this limitation may be used to hire attorneys only through
the excepted service: Provided further, That the previous
proviso shall not change the status under Federal employment
laws of any attorney hired by the Railroad Retirement Board
prior to January 1, 2013: Provided further, That
notwithstanding section 7(b)(9) of the Railroad Retirement Act,
this limitation may be used to hire students attending
qualifying educational institutions or individuals who have
recently completed qualifying educational programs using
current excepted hiring authorities established by the Office
of Personnel Management: Provided further, That $10,000,000,
to remain available until expended, shall be used to
supplement, not supplant, existing resources devoted to
operations and improvements for the Board's Information
Technology Investment Initiatives.
limitation on the office of inspector general
For expenses necessary for the Office of Inspector General
for audit, investigatory and review activities, as authorized
by the Inspector General Act of 1978, not more than
$11,000,000, to be derived from the railroad retirement
accounts and railroad unemployment insurance account.
Social Security Administration
payments to social security trust funds
For payment to the Federal Old-Age and Survivors Insurance
Trust Fund and the Federal Disability Insurance Trust Fund, as
provided under sections 201(m) and 1131(b)(2) of the Social
Security Act, $11,000,000.
supplemental security income program
For carrying out titles XI and XVI of the Social Security
Act, section 401 of Public Law 92-603, section 212 of Public
Law 93-66, as amended, and section 405 of Public Law 95-216,
including payment to the Social Security trust funds for
administrative expenses incurred pursuant to section 201(g)(1)
of the Social Security Act, $41,714,889,000, to remain
available until expended: Provided, That any portion of the
funds provided to a State in the current fiscal year and not
obligated by the State during that year shall be returned to
the Treasury: Provided further, That not more than
$101,000,000 shall be available for research and demonstrations
under sections 1110, 1115, and 1144 of the Social Security Act,
and remain available through September 30, 2022.
For making, after June 15 of the current fiscal year, benefit
payments to individuals under title XVI of the Social Security
Act, for unanticipated costs incurred for the current fiscal
year, such sums as may be necessary.
For making benefit payments under title XVI of the Social
Security Act for the first quarter of fiscal year 2021,
$19,900,000,000, to remain available until expended.
limitation on administrative expenses
For necessary expenses, including the hire of two passenger
motor vehicles, and not to exceed $20,000 for official
reception and representation expenses, not more than
$12,739,945,000 may be expended, as authorized by section
201(g)(1) of the Social Security Act, from any one or all of
the trust funds referred to in such section: Provided, That
not less than $2,500,000 shall be for the Social Security
Advisory Board: Provided further, That $45,000,000 shall
remain available until expended for information technology
modernization, including related hardware and software
infrastructure and equipment, and for administrative expenses
directly associated with information technology modernization:
Provided further, That $100,000,000 shall remain available
through September 30, 2021, for activities to address the
disability hearings backlog within the Office of Hearings
Operations: Provided further, That unobligated balances of
funds provided under this paragraph at the end of fiscal year
2020 not needed for fiscal year 2020 shall remain available
until expended to invest in the Social Security Administration
information technology and telecommunications hardware and
software infrastructure, including related equipment and non-
payroll administrative expenses associated solely with this
information technology and telecommunications infrastructure:
Provided further, That the Commissioner of Social Security
shall notify the Committees on Appropriations of the House of
Representatives and the Senate prior to making unobligated
balances available under the authority in the previous proviso:
Provided further, That reimbursement to the trust funds under
this heading for expenditures for official time for employees
of the Social Security Administration pursuant to 5 U.S.C.
7131, and for facilities or support services for labor
organizations pursuant to policies, regulations, or procedures
referred to in section 7135(b) of such title shall be made by
the Secretary of the Treasury, with interest, from amounts in
the general fund not otherwise appropriated, as soon as
possible after such expenditures are made.
Of the total amount made available in the first paragraph
under this heading, not more than $1,582,000,000, to remain
available through March 31, 2021, is for the costs associated
with continuing disability reviews under titles II and XVI of
the Social Security Act, including work-related continuing
disability reviews to determine whether earnings derived from
services demonstrate an individual's ability to engage in
substantial gainful activity, for the cost associated with
conducting redeterminations of eligibility under title XVI of
the Social Security Act, for the cost of co-operative
disability investigation units, and for the cost associated
with the prosecution of fraud in the programs and operations of
the Social Security Administration by Special Assistant United
States Attorneys: Provided, That, of such amount, $273,000,000
is provided to meet the terms of section 251(b)(2)(B)(ii)(III)
of the Balanced Budget and Emergency Deficit Control Act of
1985, as amended, and $1,309,000,000 is additional new budget
authority specified for purposes of section 251(b)(2)(B) of
such Act: Provided further, That, of the additional new budget
authority described in the preceding proviso, up to $10,000,000
may be transferred to the ``Office of Inspector General'',
Social Security Administration, for the cost of jointly
operated co-operative disability investigation units: Provided
further, That such transfer authority is in addition to any
other transfer authority provided by law: Provided further,
That the Commissioner shall provide to the Congress (at the
conclusion of the fiscal year) a report on the obligation and
expenditure of these funds, similar to the reports that were
required by section 103(d)(2) of Public Law 104-121 for fiscal
years 1996 through 2002.
In addition, $130,000,000 to be derived from administration
fees in excess of $5.00 per supplementary payment collected
pursuant to section 1616(d) of the Social Security Act or
section 212(b)(3) of Public Law 93-66, which shall remain
available until expended: Provided, That to the extent that
the amounts collected pursuant to such sections in fiscal year
2020 exceed $130,000,000, the amounts shall be available in
fiscal year 2021 only to the extent provided in advance in
appropriations Acts.
In addition, up to $1,000,000 to be derived from fees
collected pursuant to section 303(c) of the Social Security
Protection Act, which shall remain available until expended.
office of inspector general
(including transfer of funds)
For expenses necessary for the Office of Inspector General in
carrying out the provisions of the Inspector General Act of
1978, $30,000,000, together with not to exceed $75,500,000, to
be transferred and expended as authorized by section 201(g)(1)
of the Social Security Act from the Federal Old-Age and
Survivors Insurance Trust Fund and the Federal Disability
Insurance Trust Fund.
In addition, an amount not to exceed 3 percent of the total
provided in this appropriation may be transferred from the
``Limitation on Administrative Expenses'', Social Security
Administration, to be merged with this account, to be available
for the time and purposes for which this account is available:
Provided, That notice of such transfers shall be transmitted
promptly to the Committees on Appropriations of the House of
Representatives and the Senate at least 15 days in advance of
any transfer.
TITLE V
GENERAL PROVISIONS
(transfer of funds)
Sec. 501. The Secretaries of Labor, Health and Human
Services, and Education are authorized to transfer unexpended
balances of prior appropriations to accounts corresponding to
current appropriations provided in this Act. Such transferred
balances shall be used for the same purpose, and for the same
periods of time, for which they were originally appropriated.
Sec. 502. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal
year unless expressly so provided herein.
Sec. 503. (a) No part of any appropriation contained in this
Act or transferred pursuant to section 4002 of Public Law 111-
148 shall be used, other than for normal and recognized
executive-legislative relationships, for publicity or
propaganda purposes, for the preparation, distribution, or use
of any kit, pamphlet, booklet, publication, electronic
communication, radio, television, or video presentation
designed to support or defeat the enactment of legislation
before the Congress or any State or local legislature or
legislative body, except in presentation to the Congress or any
State or local legislature itself, or designed to support or
defeat any proposed or pending regulation, administrative
action, or order issued by the executive branch of any State or
local government, except in presentation to the executive
branch of any State or local government itself.
(b) No part of any appropriation contained in this Act or
transferred pursuant to section 4002 of Public Law 111-148
shall be used to pay the salary or expenses of any grant or
contract recipient, or agent acting for such recipient, related
to any activity designed to influence the enactment of
legislation, appropriations, regulation, administrative action,
or Executive order proposed or pending before the Congress or
any State government, State legislature or local legislature or
legislative body, other than for normal and recognized
executive-legislative relationships or participation by an
agency or officer of a State, local or tribal government in
policymaking and administrative processes within the executive
branch of that government.
(c) The prohibitions in subsections (a) and (b) shall include
any activity to advocate or promote any proposed, pending or
future Federal, State or local tax increase, or any proposed,
pending, or future requirement or restriction on any legal
consumer product, including its sale or marketing, including
but not limited to the advocacy or promotion of gun control.
Sec. 504. The Secretaries of Labor and Education are
authorized to make available not to exceed $28,000 and $20,000,
respectively, from funds available for salaries and expenses
under titles I and III, respectively, for official reception
and representation expenses; the Director of the Federal
Mediation and Conciliation Service is authorized to make
available for official reception and representation expenses
not to exceed $5,000 from the funds available for ``Federal
Mediation and Conciliation Service, Salaries and Expenses'';
and the Chairman of the National Mediation Board is authorized
to make available for official reception and representation
expenses not to exceed $5,000 from funds available for
``National Mediation Board, Salaries and Expenses''.
Sec. 505. When issuing statements, press releases, requests
for proposals, bid solicitations and other documents describing
projects or programs funded in whole or in part with Federal
money, all grantees receiving Federal funds included in this
Act, including but not limited to State and local governments
and recipients of Federal research grants, shall clearly
state--
(1) the percentage of the total costs of the program
or project which will be financed with Federal money;
(2) the dollar amount of Federal funds for the
project or program; and
(3) percentage and dollar amount of the total costs
of the project or program that will be financed by non-
governmental sources.
Sec. 506. (a) None of the funds appropriated in this Act, and
none of the funds in any trust fund to which funds are
appropriated in this Act, shall be expended for any abortion.
(b) None of the funds appropriated in this Act, and none of
the funds in any trust fund to which funds are appropriated in
this Act, shall be expended for health benefits coverage that
includes coverage of abortion.
(c) The term ``health benefits coverage'' means the package
of services covered by a managed care provider or organization
pursuant to a contract or other arrangement.
Sec. 507. (a) The limitations established in the preceding
section shall not apply to an abortion--
(1) if the pregnancy is the result of an act of rape
or incest; or
(2) in the case where a woman suffers from a physical
disorder, physical injury, or physical illness,
including a life-endangering physical condition caused
by or arising from the pregnancy itself, that would, as
certified by a physician, place the woman in danger of
death unless an abortion is performed.
(b) Nothing in the preceding section shall be construed as
prohibiting the expenditure by a State, locality, entity, or
private person of State, local, or private funds (other than a
State's or locality's contribution of Medicaid matching funds).
(c) Nothing in the preceding section shall be construed as
restricting the ability of any managed care provider from
offering abortion coverage or the ability of a State or
locality to contract separately with such a provider for such
coverage with State funds (other than a State's or locality's
contribution of Medicaid matching funds).
(d)(1) None of the funds made available in this Act may be
made available to a Federal agency or program, or to a State or
local government, if such agency, program, or government
subjects any institutional or individual health care entity to
discrimination on the basis that the health care entity does
not provide, pay for, provide coverage of, or refer for
abortions.
(2) In this subsection, the term ``health care entity''
includes an individual physician or other health care
professional, a hospital, a provider-sponsored organization, a
health maintenance organization, a health insurance plan, or
any other kind of health care facility, organization, or plan.
Sec. 508. (a) None of the funds made available in this Act
may be used for--
(1) the creation of a human embryo or embryos for
research purposes; or
(2) research in which a human embryo or embryos are
destroyed, discarded, or knowingly subjected to risk of
injury or death greater than that allowed for research
on fetuses in utero under 45 CFR 46.204(b) and section
498(b) of the Public Health Service Act (42 U.S.C.
289g(b)).
(b) For purposes of this section, the term ``human embryo or
embryos'' includes any organism, not protected as a human
subject under 45 CFR 46 as of the date of the enactment of this
Act, that is derived by fertilization, parthenogenesis,
cloning, or any other means from one or more human gametes or
human diploid cells.
Sec. 509. (a) None of the funds made available in this Act
may be used for any activity that promotes the legalization of
any drug or other substance included in schedule I of the
schedules of controlled substances established under section
202 of the Controlled Substances Act except for normal and
recognized executive-congressional communications.
(b) The limitation in subsection (a) shall not apply when
there is significant medical evidence of a therapeutic
advantage to the use of such drug or other substance or that
federally sponsored clinical trials are being conducted to
determine therapeutic advantage.
Sec. 510. None of the funds made available in this Act may
be used to promulgate or adopt any final standard under section
1173(b) of the Social Security Act providing for, or providing
for the assignment of, a unique health identifier for an
individual (except in an individual's capacity as an employer
or a health care provider), until legislation is enacted
specifically approving the standard.
Sec. 511. None of the funds made available in this Act may
be obligated or expended to enter into or renew a contract with
an entity if--
(1) such entity is otherwise a contractor with the
United States and is subject to the requirement in 38
U.S.C. 4212(d) regarding submission of an annual report
to the Secretary of Labor concerning employment of
certain veterans; and
(2) such entity has not submitted a report as
required by that section for the most recent year for
which such requirement was applicable to such entity.
Sec. 512. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality of
the United States Government, except pursuant to a transfer
made by, or transfer authority provided in, this Act or any
other appropriation Act.
Sec. 513. None of the funds made available by this Act to
carry out the Library Services and Technology Act may be made
available to any library covered by paragraph (1) of section
224(f) of such Act, as amended by the Children's Internet
Protection Act, unless such library has made the certifications
required by paragraph (4) of such section.
Sec. 514. (a) None of the funds provided under this Act, or
provided under previous appropriations Acts to the agencies
funded by this Act that remain available for obligation or
expenditure in fiscal year 2020, or provided from any accounts
in the Treasury of the United States derived by the collection
of fees available to the agencies funded by this Act, shall be
available for obligation or expenditure through a reprogramming
of funds that--
(1) creates new programs;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for any
project or activity for which funds have been denied or
restricted;
(4) relocates an office or employees;
(5) reorganizes or renames offices;
(6) reorganizes programs or activities; or
(7) contracts out or privatizes any functions or
activities presently performed by Federal employees;
unless the Committees on Appropriations of the House of
Representatives and the Senate are consulted 15 days in advance
of such reprogramming or of an announcement of intent relating
to such reprogramming, whichever occurs earlier, and are
notified in writing 10 days in advance of such reprogramming.
(b) None of the funds provided under this Act, or provided
under previous appropriations Acts to the agencies funded by
this Act that remain available for obligation or expenditure in
fiscal year 2020, or provided from any accounts in the Treasury
of the United States derived by the collection of fees
available to the agencies funded by this Act, shall be
available for obligation or expenditure through a reprogramming
of funds in excess of $500,000 or 10 percent, whichever is
less, that--
(1) augments existing programs, projects (including
construction projects), or activities;
(2) reduces by 10 percent funding for any existing
program, project, or activity, or numbers of personnel
by 10 percent as approved by Congress; or
(3) results from any general savings from a reduction
in personnel which would result in a change in existing
programs, activities, or projects as approved by
Congress;
unless the Committees on Appropriations of the House of
Representatives and the Senate are consulted 15 days in advance
of such reprogramming or of an announcement of intent relating
to such reprogramming, whichever occurs earlier, and are
notified in writing 10 days in advance of such reprogramming.
Sec. 515. (a) None of the funds made available in this Act
may be used to request that a candidate for appointment to a
Federal scientific advisory committee disclose the political
affiliation or voting history of the candidate or the position
that the candidate holds with respect to political issues not
directly related to and necessary for the work of the committee
involved.
(b) None of the funds made available in this Act may be used
to disseminate information that is deliberately false or
misleading.
Sec. 516. Within 45 days of enactment of this Act, each
department and related agency funded through this Act shall
submit an operating plan that details at the program, project,
and activity level any funding allocations for fiscal year 2020
that are different than those specified in this Act, the
accompanying detailed table in the explanatory statement
described in section 4 (in the matter preceding division A of
this consolidated Act) or the fiscal year 2020 budget request.
Sec. 517. The Secretaries of Labor, Health and Human
Services, and Education shall each prepare and submit to the
Committees on Appropriations of the House of Representatives
and the Senate a report on the number and amount of contracts,
grants, and cooperative agreements exceeding $500,000,
individually or in total for a particular project, activity, or
programmatic initiative, in value and awarded by the Department
on a non-competitive basis during each quarter of fiscal year
2020, but not to include grants awarded on a formula basis or
directed by law. Such report shall include the name of the
contractor or grantee, the amount of funding, the governmental
purpose, including a justification for issuing the award on a
non-competitive basis. Such report shall be transmitted to the
Committees within 30 days after the end of the quarter for
which the report is submitted.
Sec. 518. None of the funds appropriated in this Act shall
be expended or obligated by the Commissioner of Social
Security, for purposes of administering Social Security benefit
payments under title II of the Social Security Act, to process
any claim for credit for a quarter of coverage based on work
performed under a social security account number that is not
the claimant's number and the performance of such work under
such number has formed the basis for a conviction of the
claimant of a violation of section 208(a)(6) or (7) of the
Social Security Act.
Sec. 519. None of the funds appropriated by this Act may be
used by the Commissioner of Social Security or the Social
Security Administration to pay the compensation of employees of
the Social Security Administration to administer Social
Security benefit payments, under any agreement between the
United States and Mexico establishing totalization arrangements
between the social security system established by title II of
the Social Security Act and the social security system of
Mexico, which would not otherwise be payable but for such
agreement.
Sec. 520. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network unless
such network blocks the viewing, downloading, and exchanging of
pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law
enforcement agency or any other entity carrying out criminal
investigations, prosecution, or adjudication activities.
Sec. 521. None of the funds made available under this or any
other Act, or any prior Appropriations Act, may be provided to
the Association of Community Organizations for Reform Now
(ACORN), or any of its affiliates, subsidiaries, allied
organizations, or successors.
Sec. 522. For purposes of carrying out Executive Order
13589, Office of Management and Budget Memorandum M-12-12 dated
May 11, 2012, and requirements contained in the annual
appropriations bills relating to conference attendance and
expenditures:
(1) the operating divisions of HHS shall be
considered independent agencies; and
(2) attendance at and support for scientific
conferences shall be tabulated separately from and not
included in agency totals.
Sec. 523. Federal agencies funded under this Act shall
clearly state within the text, audio, or video used for
advertising or educational purposes, including emails or
Internet postings, that the communication is printed,
published, or produced and disseminated at U.S. taxpayer
expense. The funds used by a Federal agency to carry out this
requirement shall be derived from amounts made available to the
agency for advertising or other communications regarding the
programs and activities of the agency.
Sec. 524. (a) Federal agencies may use Federal discretionary
funds that are made available in this Act to carry out up to 10
Performance Partnership Pilots. Such Pilots shall be governed
by the provisions of section 526 of division H of Public Law
113-76, except that in carrying out such Pilots section 526
shall be applied by substituting ``Fiscal Year 2020'' for
``Fiscal Year 2014'' in the title of subsection (b) and by
substituting ``September 30, 2024'' for ``September 30, 2018''
each place it appears: Provided, That such pilots shall
include communities that have experienced civil unrest.
(b) In addition, Federal agencies may use Federal
discretionary funds that are made available in this Act to
participate in Performance Partnership Pilots that are being
carried out pursuant to the authority provided by section 526
of division H of Public Law 113-76, section 524 of division G
of Public Law 113-235, section 525 of division H of Public Law
114-113, section 525 of division H of Public Law 115-31, and
section 525 of division H of Public Law 115-141.
(c) Pilot sites selected under authorities in this Act and
prior appropriations Acts may be granted by relevant agencies
up to an additional 5 years to operate under such authorities.
Sec. 525. Not later than 30 days after the end of each
calendar quarter, beginning with the first month of fiscal year
2020, the Departments of Labor, Health and Human Services and
Education and the Social Security Administration shall provide
the Committees on Appropriations of the House of
Representatives and Senate a report on the status of balances
of appropriations: Provided, That for balances that are
unobligated and uncommitted, committed, and obligated but
unexpended, the monthly reports shall separately identify the
amounts attributable to each source year of appropriation
(beginning with fiscal year 2012, or, to the extent feasible,
earlier fiscal years) from which balances were derived.
Sec. 526. The Departments of Labor, Health and Human
Services, or Education shall provide to the Committees on
Appropriations of the House of Representatives and the Senate a
comprehensive list of any new or competitive grant award
notifications, including supplements, issued at the discretion
of such Departments not less than 3 full business days before
any entity selected to receive a grant award is announced by
the Department or its offices (other than emergency response
grants at any time of the year or for grant awards made during
the last 10 business days of the fiscal year, or if applicable,
of the program year).
Sec. 527. Notwithstanding any other provision of this Act,
no funds appropriated in this Act shall be used to purchase
sterile needles or syringes for the hypodermic injection of any
illegal drug: Provided, That such limitation does not apply to
the use of funds for elements of a program other than making
such purchases if the relevant State or local health
department, in consultation with the Centers for Disease
Control and Prevention, determines that the State or local
jurisdiction, as applicable, is experiencing, or is at risk
for, a significant increase in hepatitis infections or an HIV
outbreak due to injection drug use, and such program is
operating in accordance with State and local law.
Sec. 528. Each department and related agency funded through
this Act shall provide answers to questions submitted for the
record by members of the Committee within 45 business days
after receipt.
(rescission)
Sec. 529. Of any available amounts appropriated under
section 2104(a)(23) of the Social Security Act (42 U.S.C.
1397dd) that are unobligated as of September 25, 2020,
$3,169,819,000 are hereby rescinded as of such date.
Sec. 530. Of amounts deposited in the Child Enrollment
Contingency Fund prior to the beginning of fiscal year 2020
under section 2104(n)(2) of the Social Security Act and the
income derived from investment of those funds pursuant to
section 2104(n)(2)(C) of that Act, $6,093,181,000 shall not be
available for obligation in this fiscal year.
This division may be cited as the ``Departments of Labor,
Health and Human Services, and Education, and Related Agencies
Appropriations Act, 2020''
[Clerk's note.--Reproduced below is the material relating
to division A contained in the Explanatory Statement regarding
H.R. 1865, the Further 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 H11061, Book
III.
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DIVISION A--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND
EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2020
The explanatory statement accompanying this division is
approved and indicates Congressional intent. Unless otherwise
noted, the language set forth in House Report 116-62 carries
the same weight as language included in this explanatory
statement and should be complied with unless specifically
addressed to the contrary in this explanatory statement. While
some language is repeated for emphasis, it is not intended to
negate the language referred to above unless expressly provided
herein.
In providing the operating plan required by section 516 of
this Act, the departments and agencies funded in this Act are
directed to include all programs, projects, and activities,
including those in House Report 116-62 and this explanatory
statement accompanying this Act. All such programs, projects,
and activities are subject to the provisions of this Act.
In cases where House Report 116-62 or this explanatory
statement directs the submission of a report, that report is to
be submitted to the Committees on Appropriations of the House
of Representatives and the Senate. Where this explanatory
statement refers to the Committees or the Committees on
Appropriations, unless otherwise noted, this reference is to
the House of Representatives Subcommittee on Labor, Health and
Human Services, Education, and Related Agencies and the Senate
Subcommittee on Labor, Health and Human Services, Education,
and Related Agencies.
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. Funds for
individual programs and activities are displayed in the
detailed table at the end of the explanatory statement
accompanying this Act. Funding levels that are not displayed in
the detailed table are identified within this explanatory
statement. Any action to eliminate or consolidate programs,
projects, and activities should be pursued through a proposal
in the President's Budget so it can be considered by the
Committees on Appropriations.
Congressional Reports.--Each department and agency is
directed to provide the Committees on Appropriations, within 30
days from the date of enactment of this Act and quarterly
thereafter, a summary describing each requested report to the
Committees on Appropriations along with its status.
TITLE I
DEPARTMENT OF LABOR
Employment and Training Administration (ETA)
TRAINING AND EMPLOYMENT SERVICES
Grants to States.--The agreement is consistent with the
Workforce Innovation and Opportunity Act (WIOA) authorization
regarding the amount of WIOA State grant funding that may be
reserved by Governors.
Adult Employment and Training.--WIOA State grant funding
continues to serve critical functions, including to assist
States that continue to experience high unemployment.
Youth Training.-- The Department is directed to evaluate
incorporating resilience training and trauma-informed practices
into WIOA youth job training programs and shall consult with
organizations with nationally recognized expertise in such
practices. The Department is directed to provide a report to
the Committees within six months of enactment of this Act
describing the findings of the evaluation and an assessment of
how WIOA youth job training programs could adopt such practices
and measure outcomes.
Dislocated Worker National Reserve
Career Pathways for Youth Grants.--The bill provides
$10,000,000 to utilize the demonstration grant authority under
the dislocated worker national reserve for grants to support
national out-of-school time organizations that serve youth and
teens and place an emphasis on age-appropriate workforce
readiness programming to expand job training and workforce
pathways for youth and disconnected youth, including soft skill
development, career exploration, job readiness and
certification, summer jobs, year-round job opportunities, and
apprenticeships. Funding will also support partnerships between
workforce investment boards and youth serving organizations.
Strengthening Community College Training Grants.--The
agreement provides $40,000,000 for the Strengthening Community
College Training Grant program. The Department is directed to
follow all requirements and directives in House Report 116-62
related to this program, except that the Secretary shall make
individual grants to community colleges of at least $1,000,000,
unless grants are awarded in consortia to community colleges
and other eligible institutions as defined in section 101(a) of
the Higher Education Act and do not exceed $5,000,000 per
grant.
Workforce Opportunity for Rural Communities.--The agreement
provides $30,000,000 to continue this program in the
Appalachian and Delta regions. The Department is directed to
ensure broad geographic distribution of funds within these
regions and awards should not exceed $1,500,000 per award.
Transition to WIOA.--The agreement requests additional
information regarding use of the Secretary's 10 percent
reservation of funds for technical assistance to transition to
WIOA under the dislocated worker assistance national reserve in
the fiscal year 2021 Congressional Justification.
Apprenticeship Grant Program
The agreement provides $175,000,000 to support registered
apprenticeships and includes new bill language referencing
WIOA, ensuring that funds are only used to support registered
apprenticeships, and that makes funds available starting July
1, 2020 to encourage better management and oversight.
The agreement notes serious concerns regarding the
Department's misuse of registered apprenticeship funds and the
Department's communication of this misuse to the Committees,
including testimony before the Committees.
The agreement notes that funding under this program should
be prioritized to support State, regional, and local
apprenticeship efforts, as well as efforts by intermediaries to
expand registered apprenticeships into new industries and for
underserved or underrepresented populations.
State expansion grants have been used to positive effect in
States with high unemployment. The agreement directs the
Secretary to prioritize funding for national, regional, and
local intermediaries. The agreement directs the Secretary to
continue funding for business and labor industry partner
intermediaries and ensure that labor intermediaries are given
opportunities to apply for competitive grants, cooperative
agreements, contracts, and other funding opportunities.
The Department is encouraged to support funding industry or
sector partnerships as a means of expanding registered
apprenticeships in in-demand industries. The Department should
collaborate with the Department of Defense to develop
registered apprenticeships that address the critical national
defense need for new submarine construction. The Department is
encouraged to support programs in the health care, maritime,
construction, and oil and gas industries. The agreement notes
concerns about shortages nationwide of drinking water and
wastewater management professionals and encourages the
Department to address the shortage of water system management
professionals.
The agreement directs the Department to provide quarterly
briefings on all spending activities under this program to the
Committees, and to comply with directives and statements in
House Report 116-62.
JOB CORPS
Job Corps.--In addition to the directives included in House
Report 116-62, the Department is directed to provide 30 days
notification to the Committees in advance of any action to
close or deactivate a Job Corps Center (Center), as well as in
advance of any action to establish a pilot program or
demonstration project at a Center. The Department is further
directed to minimize the amount of time a Center is inactive
prior to commencement of a pilot program or demonstration
project and to ensure training opportunities and slots do not
decline as a result of such pilot or demonstration. Not later
than 120 days after enactment of this Act, the Department shall
provide the Committees a report on the performance of all pilot
programs and demonstration projects, including a detailed
description of the performance metrics used to evaluate the
projects, and an analysis of the performance of pilots and
projects relative to other Centers. The Department is expected
to continue to comply with the directives under the heading Job
Corps in Senate Report 115-289.
Construction and Renovation.--The Department is encouraged
to take into consideration critical municipal infrastructure
deficiencies when identifying construction and renovation
projects.
STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT SERVICE OPERATIONS
Unemployment Insurance Compensation
State Unemployment System Needs.--The agreement notes that
State unemployment insurance (UI) systems are critical for
ensuring claimants receive timely processing of benefits. The
Department is encouraged to provide above-base State UI funds
through supplemental funding opportunities to States to the
extent that unobligated funds, not otherwise needed for
workload, are available at the end of the fiscal year. Such
funds should support improving operations and modernizing State
UI systems to help ensure that workers and their families
receive fast and high-quality assistance in their time of need.
UI Integrity Center of Excellence.--The agreement provides
$9,000,000 for the continued support of the UI Integrity Center
of Excellence (UIICE), including $6,000,000 for the benefit of
States to the entity operating the UIICE.
Employment Service
National Activities.--The agreement provides $2,500,000 to
reduce the processing backlog for the work opportunity tax
credit program.
Foreign Labor Certification
The agreement includes an increase of $6,500,000 for
continued implementation of the Northern Mariana Islands U.S.
Workforce Act of 2018 (P.L. 115-218). The agreement urges the
Department to provide careful oversight and transparency
related to the timely processing of visa applications for
temporary employment certifications. The agreement directs the
Department to provide an update on the upgrades to the foreign
labor certification technical system, including the launch of
the Foreign Labor Application Gateway, in the fiscal year 2021
Congressional Justification.
One-Stop Career Centers and Labor Market Information
Occupational Licensing.--The Department is directed to
provide a briefing within 90 days of enactment of this Act to
the Committees on the outcomes and status of the occupational
licensing initiative, including the impact on military spouses,
dislocated workers, and transitioning service members and a
review of the grants awarded in fiscal years 2016, 2017, and
2018.
Employee Benefits Security Administration (EBSA)
The agreement directs EBSA to prioritize audit resources to
review the Thrift Savings Plan's (TSP) IT operating
environment, including the adequacy of controls at contractor
sites and TSP's progress in remediating previously identified
issues from past EBSA audits.
Pension Benefit Guaranty Corporation
The agreement includes new bill language that extends the
period of availability of funding for certain administrative
expenses to five years to ensure the agency has sufficient time
to manage a large, unanticipated influx of participants or
costs.
Wage and Hour Division (WHD)
WHD is encouraged to hire additional investigators and
restore WHD's investigative capacity.
In the fiscal year 2021 Congressional Justification, WHD is
directed to provide annual and historical information on the
Payroll Audit Independent Determination (PAID) program,
including administrative expenditures on PAID, amounts
recovered through PAID, and the number of businesses
participating in PAID.
WHD shall collect data at the beginning of each fiscal year
and submit in an electronic format yearly reports to the
authorizing and appropriations Committees that shall include
the following: (1) the name and address of each employer
holding a certificate under 29 U.S.C. 214(c); (2) the starting
date and ending date of each certificate for each employer
under 29 U.S.C. 214(c); (3) information about the certificate
for each employer under 29 U.S.C. 214(c), including if the
certificate is an initial certificate or renewal and if the
certificate is issued or pending; and (4) the current number of
workers paid a subminimum wage by the employer holding the
certificate under 29 U.S.C. 214(c) at the time of data
collection. WHD is further directed to brief the authorizing
and appropriations Committees, within 90 days of enactment of
this Act, on its administration, monitoring, and enforcement of
the subminimum wage program authorized under section 14(c) of
the Fair Labor Standards Act.
The Department is directed to provide a report within 120
days of enactment of this Act to the Committees that shall
include the data and economic analysis supporting the inclusion
of the housing policy for industries requiring a mobile
workforce in the 2015 interim final rule leading to its
publication and the benefits and costs of such policy on U.S.
and guest workers and employers.
Office of Workers' Compensation Programs (OWCP)
There is continued concern about overreliance on
unobligated funds for support of the Special Benefits for
Disabled Coal Miners Program. OWCP should not take action that
could disrupt the ability of the program to ensure all
beneficiaries receive promised benefits. The agency is directed
to include in the fiscal year 2021 Congressional Justification:
(1) the number of beneficiaries each year since fiscal year
2015 and (2) the total benefit payments and budgetary resources
and expenditures within the program each year since fiscal year
2015.
ADMINISTRATIVE EXPENSES, ENERGY EMPLOYEES OCCUPATIONAL ILLNESS
COMPENSATION FUND
The Department shall ensure the Advisory Board on Toxic
Substances and Worker Health has sufficient funding and
staffing to meet its obligations.
Occupational Safety and Health Administration (OSHA)
The agreement directs OSHA to publish Funding Opportunity
Notices for fiscal year 2020 funds for the Susan Harwood
Training Grant program no later than June 30, 2020. Further,
the agreement directs OSHA to provide technical assistance,
guidance, and support to fiscal year 2020 applicants in order
to reduce the proportion that did not meet eligibility and
program requirements included in Funding Opportunity Notices in
fiscal year 2019.
The agreement directs OSHA, in consultation with DoD, to
develop a webinar for DoD procurement officers on how to use
OSHA's website to find OSHA violations and Severe Injury
Reports. The webinar shall be developed and provided to DoD
within 180 days of enactment of this Act and shall be sent to
the Committees. Further, OSHA shall explore options for
gathering and entering Employee Identification Numbers from all
inspections of worksites and shall consider exemptions for
small worksites with few employees.
The agreement continues to provide no less than $3,500,000
for the Voluntary Protection Program (VPP). In the fiscal year
2021 Congressional Justification, OSHA is directed to include
annual expenditures on VPP for each year since fiscal year 2015
as well as planned expenditures in fiscal year 2021.
Mine Safety and Health Administration (MSHA)
The fiscal year 2020 President's budget request proposed to
allow greater flexibility by combining the enforcement
functions for coal and metal/non-metal into a single
enforcement budget activity. This flexibility shall only be
exercised to bolster MSHA's ability to enforce the Mine Safety
and Health Act and provide greater protections to miners.
MSHA's Office of Accountability shall audit and publicly report
findings from reviews of crossover mine inspections and monitor
corrective actions to ensure MSHA activities adhere to its
policies and procedures and meet the requirements of such Act.
In addition, the Inspector General shall conduct a
comprehensive audit of this consolidation of enforcement
programs. Finally, the agency is directed to include in future
Congressional Justifications historical and budget year
information on enforcement activities and outcomes,
distinguishing between coal and metal/non-metal mines. To
promote transparency into agency spending on its enforcement
activities, MSHA will continue to separately present annual
spending on coal and metal/non-metal mines as it has in past
Congressional Justifications.
The agreement removes authority, first provided in fiscal
year 2017, that allowed State assistance grants to be used by
operators for purchase and maintenance of continuous personal
dust monitors. No State has elected to use such authority.
MSHA shall fully implement the requirements of section 103
of the Federal Mine Safety and Health Act and make inspections
of each underground mine in its entirety at least four times a
year and each surface mine in its entirety at least two times a
year. MSHA should use existing funds to equip all MSHA mine
rescue teams with next generation mine rescue communications
equipment. To prepare properly for an emergency, MSHA shall
continue to devote sufficient resources toward a competitive
grant activity for effective emergency response and recovery
training in various types of mine conditions.
Bureau of Labor Statistics (BLS)
The agreement includes an increase of $40,000,000 to
rebuild capacity at BLS and to support a headquarters
relocation to the Suitland Federal Center.
With the increase, BLS is directed to support the following
critical investments:
Provide an annual supplement to the Current
Population Survey to allow for collection of data on contingent
and alternative work arrangements every two years and data on
other topics related to the labor force in alternate years,
including an occasional veterans supplement;
Restore the production and publication of
employment, unemployment, and labor force data under the Local
Area Unemployment Statistics program for New England Minor
Civil Divisions with populations less than 1,000; and
Initiate spending on the planning and development
of a new National Longitudinal Survey of Youth (NLSY) cohort.
BLS shall brief the Committees on the annual costs and a five-
year plan for implementing the new NLSY cohort within 90 days
of enactment of this Act.
When implementing these investments, BLS shall not reduce
or eliminate existing statistical work. Further, BLS shall not
reduce the number of full-time equivalent positions beyond the
apportioned fiscal year 2019 full-time equivalent ceiling.
Within the increase, the agreement includes $27,000,000 to
relocate BLS headquarters. BLS is strongly urged to consider
the needs of its employees throughout this transition and to
work with the General Services Administration to address any
outstanding safety concerns and office space considerations for
the development of sensitive economic indicators.
Departmental Management
Bureau of International Labor Affairs (ILAB).--The
agreement includes an increase of $10,000,000, of which
$7,500,000 is for grants to improve countries' capacity to
enforce labor rights agreed to under U.S. trade agreements and
trade preference programs. The remaining $2,500,000 is provided
for additional monitoring and enforcement staff at the Office
of Trade and Labor Affairs and additional labor attaches in
critical U.S. Embassies to increase field-based and
international monitoring and labor compliance facilitation.
ILAB should continue to release its annual Findings on the
Worst Forms of Child Labor report, including its assessment
ratings on Generalized System of Preference country efforts to
implement its commitments to eliminate the worst forms of child
labor, no later than it has historically.
Faithful execution of the Foundations for Evidence-based
Policymaking Act will enhance the evidence-building capacity of
Federal agencies, strengthen privacy protections, improve
secure access to data, and provide more and higher quality
evidence to policymakers. The agreement directs the Department
to include in the fiscal year 2021 and future Congressional
Justifications an update on the implementation of such Act for
the current and budget years.
The agreement expects the Department to prioritize the
submission of timely, accurate, quality, and complete financial
and award information under existing U.S. Treasury reporting
obligations in accordance with established management guidance,
reporting processes, and data standards established under the
requirements of the Digital Accountability and Transparency
Act.
The Department should continue to notify the Committees of
the planned uses of funds derived from the evaluation authority
in section 107 of this Act.
The Department should continue to provide a report not
later than 30 days after the conclusion of each quarter
detailing the number of full-time equivalent employees and
attrition by principal office and appropriations account.
Veterans Employment and Training
Disabled Veterans.--The agreement provides $300,000 for the
purposes associated with the Disabled Veteran Program in House
Report 116-62.
Transition Assistance Program.--The agreement provides
$29,379,000, an increase of $6,000,000, for the transition
assistance program (TAP). Within that amount, the agreement
provides $8,000,000 to enhance the quality of employment
support services for transitioning service members, with a
focus on improved outcomes. The agreement includes $1,500,000
for TAP course curriculum for military spouses, who are
currently eligible for the same TAP resources as service
members. Such curriculum should include resources and
information on related State and Federal license and credential
portability.
General Provisions
The agreement modifies a provision related to the Treasure
Island Job Corps Center.
The agreement includes a new provision related to H-1B
fees.
The agreement modifies a provision related to funds
available to State Unemployment Insurance information
technology consortia.
The agreement includes a new provision related to Job Corps
Civilian Conservation Centers.
TITLE II
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Health Resources and Services Administration (HRSA)
PRIMARY HEALTH CARE
Domestic HIV Initiative.--The agreement includes
$50,000,000 for the first year of an initiative to reduce HIV
transmission. Funds will be distributed to Health Centers in
high-need jurisdictions to increase the use of pre-exposure
prophylaxis (PrEP) among high-risk groups.
HRSA Strategy to Address Intimate Partner Violence.--The
agreement provides no less than $1,000,000 for the HRSA
Strategy to Address Intimate Partner Violence to continue
support for training, technical assistance, and resource
development to assist public health and healthcare
professionals in better serving impacted individuals and
communities.
Native Hawaiian Health Care.--The agreement provides no
less than $19,000,000 for this program.
Technical Assistance.--The agreement includes funds to
enhance technical assistance and training activities, further
quality improvement initiatives, and continue the development
of and support for health center-controlled networks so that
new and existing centers can improve patient access. The
agreement provides $1,000,000 for technical assistance grants
in States with a disproportionate share of new HIV diagnoses in
rural areas.
HEALTH WORKFORCE
National Health Service Corps.--HRSA is instructed to
provide a report no later than 120 days after enactment of this
Act on the data collected on maternity care target areas,
including the availability and need of maternity care health
services in health professional shortage areas (HPSAs), and in
the target areas within such HPSAs.
Midwife Training.--Within the total for Scholarships for
Disadvantaged Students, the agreement includes no less than
$2,500,000 to educate midwives to address the national shortage
of maternity care providers, and specifically to address the
lack of diversity in the maternity care workforce.
Area Health Education Centers.--The agreement encourages
HRSA to invest in interprofessional networks that address
social determinants of health and incorporate field placement
programs for rural and medically-underserved populations.
Mental and Substance Use Disorder Workforce Training
Demonstration.--Within the total for Behavioral Health
Workforce Education and Training (BHWET), the agreement
includes no less than $26,700,000 to establish the Mental and
Substance Use Disorder Workforce Training Demonstration, as
authorized under section 9022 of the 21st Century Cures Act
(P.L. 114-255) and described in House Report 116-62.
Peer Support.--Within the total for BHWET, the agreement
includes no less than $10,000,000 for community-based
experiential training for students preparing to become peer
support specialists and other types of behavioral health-
related paraprofessionals, as described in House Report 116-62.
Loan Repayment Program for Substance Use Disorder Treatment
Workforce.--Within the total for BHWET, the agreement includes
no less than $12,000,000 to establish the Loan Repayment
Program for Substance Use Disorder Treatment Workforce, as
authorized under section 7071 of the SUPPORT for Patients and
Communities Act (P.L. 115-271) and described in House Report
116-62.
Nurse Education, Practice, Quality and Retention.--The
agreement includes $2,000,000 for new competitive grants to
enhance nurse education and strengthen the nursing workforce
through the expansion of experiential learning opportunities.
HRSA is directed to ensure that these grants include as an
allowable use the purchase of simulation training equipment.
HRSA shall give priority to grantees located in a medically-
underserved area in a State with an age-adjusted high burden of
stroke, heart disease, and obesity, and HRSA is encouraged to
prioritize submissions that support high poverty rate
communities.
Nurse Practitioner Optional Fellowship Program.--The
agreement includes $5,000,000 to make grants to establish or
expand optional community-based nurse practitioner fellowship
programs that are accredited or in the accreditation process
for practicing postgraduate nurse practitioners in primary care
or behavioral health, as described in House Report 116-62.
Veterans' Bachelor of Science Degree in Nursing.--HRSA is
encouraged to consider the successful past practice of entities
that have received funding from this nursing program in making
new awards that support veterans and expand the nursing
workforce.
Nursing Workforce Diversity.--The agreement includes no
less than $1,000,000 to support a model program under section
821 of the Public Health Service Act to increase and strengthen
the eldercare workforce in rural counties where there are
health care disparities related to access and delivery of care.
HRSA shall give priority to eligible entities with training
programs that serve one or more communities that have: (1) a
poverty rate exceeding 32 percent and a median household income
below $34,000 a year as reported by the Census Bureau's Small
Area Income and Poverty Estimates program for 2017; and (2) are
located in a State with an elderly population that exceeds 15
percent of the total State's population as reported by the
Census Bureau for 2018. Funding will support education,
training, and partnerships with academia; primary care delivery
sites; community-based organizations; and other healthcare
delivery sites. HRSA is directed to give priority to
established and reputable nursing programs in historically
black colleges and universities that can demonstrate increased
educational opportunities for individuals from disadvantaged
backgrounds.
Advanced Education Nursing.--The agreement provides
$9,000,000 to award grants for the clinical training of sexual
assault nurse examiners as described in Senate Report 115-150.
Medical Student Education.--The agreement provides up to
$35,000,000 to fund additional applications received in fiscal
year 2019. Of the remaining amount, the agreement directs HRSA
to make supplementary grant awards to entities funded in fiscal
year 2019.
Reports.--The agreement requests that HRSA provide the
reports requested under the Health Workforce header in House
Report 116-62 within 180 days of enactment of this Act.
MATERNAL AND CHILD HEALTH
Alliance for Maternal Health Safety Bundles.--The agreement
includes $5,000,000 for implementation of maternal safety
bundles in all U.S. States, the District of Columbia, and U.S.
territories, as well as tribal entities.
Children's Health and Development.--The agreement provides
$3,500,000 within Special Projects of Regional and National
Significance (SPRANS) for another year of funding for the study
focused on improving child health through a statewide system of
early childhood developmental screenings and interventions.
Hemophilia Treatment Centers.--The agreement provides level
funding for Hemophilia Treatment Centers.
Infant-Toddler Court Teams.--The agreement includes no less
than $10,000,000 for the third year of a cooperative agreement
to support research-based Infant-Toddler Court Teams to change
child welfare practices to improve the well-being of infants,
toddlers, and their families, as described in House Report 116-
62.
Set-asides within SPRANS.--The agreement includes the
following set-asides within SPRANS. Within the set-aside for
Oral Health, $250,000 is provided for activities described in
House Report 116-62.
------------------------------------------------------------------------
FY 2020
Budget Activity Agreement
------------------------------------------------------------------------
Set-aside for Oral Health............................... $5,250,000
Set-aside for Epilepsy.................................. 3,642,000
Set-aside for Sickle Cell Disease....................... 3,000,000
Set-aside for Fetal Alcohol Syndrome.................... 1,000,000
------------------------------------------------------------------------
Autism and Other Developmental Disorders.--The agreement
includes $52,344,000 for the Autism and Other Developmental
Disorders program. Within that total, the agreement provides
not less than $35,245,000 for the Leadership Education in
Neurodevelopmental and Related Disabilities program.
Severe Combined Immunodeficiency.--Within the total for the
Heritable Disorders Program, the agreement includes no less
than $3,000,000 for the third year of a grant to support
implementation, education, and awareness of newborn screening
for Severe Combined Immune Deficiency and related disorders.
Healthy Start.--Within the total, the agreement includes no
less than $15,000,000 for the initiative to reduce maternal
mortality, allowing Healthy Start grantees to support nurse
practitioners, certified nurse midwives, physician assistants,
and other maternal-child advanced practice health professionals
within all program sites nationwide.
RYAN WHITE HIV/AIDS PROGRAM
Domestic HIV Initiative.--The agreement includes
$70,000,000 for the first year of an initiative to reduce HIV
transmission. Funds will be distributed to high-need
jurisdictions to increase linkage, engagement, and retention in
care with the goal of increasing viral suppression among people
living with HIV.
HEALTH CARE SYSTEMS
National Living Donor Assistance Center.--Within the total
for Organ Transplantation, the agreement includes no less than
$4,500,000 for the National Living Donor Assistance Center, as
described in House Report 116-62.
Organ Allocation Policy.--HRSA and the Organ Procurement
and Transplantation Network are encouraged to ensure the
process for changing organ allocation policies is transparent,
thorough, and accommodates the recommendations of
transplantation and organ donation professionals.
RURAL HEALTH
Rural Health Outreach.--The agreement provides not more
than $12,000,000 for Outreach Service Grants; not less than
$12,900,000 for Rural Network Development Grants; not less than
$22,000,000 for the Delta States Network Grant Program; not
less than $1,900,000 for Network Planning Grants; and not more
than $6,400,000 for Small Health Care Provider Quality
Improvement Grants.
Delta States Rural Development Network Grant Program.--The
agreement provides $10,000,000 to support HRSA's collaboration
with the Delta Regional Authority, as described under this
heading in Conference Report 115-952.
Telementoring Training Center.--Within the total for Rural
Health Research and Policy Development, the agreement includes
no less than $1,000,000 to support a telementoring training
center to train academic medical centers and other centers of
excellence in the creation of technology-enabled telementoring
learning programs, as described in House Report 116-62.
Rural Hospital Flexibility Grants.--The agreement
recommends HRSA give preference in grant awards to Critical
Access Hospitals, as described in Senate Report 115-289.
Telehealth Centers of Excellence.--The agreement provides
$6,000,000 for the Telehealth Centers of Excellence (Centers)
awardees. The Centers are encouraged to develop best practices
for treating HIV through telehealth that can be replicated
across rural America and accelerate progress toward the goal of
eliminating HIV transmission.
Telehealth Evaluation.--The agreement provides $1,000,000
to support a comprehensive evaluation of nationwide telehealth
investments in rural areas and populations, as described in
House Report 116-62.
Telehealth Network Grant Program.--The Office for the
Advancement of Telehealth (OAT) is instructed to consult with
the Bureau of Primary Health Care and develop a plan for the
dissemination of the work of the school-based services clinical
cohort, especially as it relates to providing assessments and
referrals for health, mental health, or substance use disorder
services to students who may struggle with behavioral or mental
health issues. HRSA is instructed to provide a report on the
OAT plan, including any findings from the school-based clinical
cohort, to the Committees within 180 days of enactment of this
Act.
Rural Communities Opioids Response Program.--The bill
includes $110,000,000 to continue this program. The agreement
includes $10,000,000 to continue the three Rural Centers or
Excellence (Centers), as established in P.L. 115-245 and as
directed by Conference Report 115-952. In addition to such
conditions, the Centers shall work with neighboring States or
regionally to implement surveillance, needs assessment,
technical assistance, and educational outreach in the form of
subgrants to non-profit entities or academic institutions to
implement demonstrated interventions.
FAMILY PLANNING
The Family Planning program administers Title X of the PHS
Act. This program supports preventive and primary healthcare
services at clinics nationwide. The agreement does not include
language proposed by the House.
PROGRAM MANAGEMENT
Oral Health Literacy.--The agreement includes $300,000 for
the activity described under this heading in House Report 116-
62.
Centers for Disease Control and Prevention
The agreement provides $7,974,554,000 in total program
level funding for the Centers for Disease Control and
Prevention (CDC), which includes $6,895,304,000 in budget
authority, $854,250,000 in transfers from the Prevention and
Public Health (PPH) Fund, and $225,000,000 from the HHS
Nonrecurring Expenses Fund.
IMMUNIZATION AND RESPIRATORY DISEASES
The agreement provides a total of $803,405,000 for
Immunization and Respiratory Diseases, which includes
$433,105,000 in discretionary appropriations and $370,300,000
in transfers from the PPH Fund. The agreement shifts $7,222,000
from tuberculosis to global tuberculosis in Global Health to
reflect CDC's yearly administrative shift. Within this total,
the agreement includes the following amounts:
------------------------------------------------------------------------
FY 2020
Budget Activity Agreement
------------------------------------------------------------------------
Section 317 Immunization Program........................ $615,847,000
Influenza Planning and Response......................... 187,558,000
------------------------------------------------------------------------
Acute Flaccid Myelitis.--The agreement includes funding
within the Section 317 Immunization Program to identify the
cause, prevention, and treatment of acute flaccid myelitis.
Immunization Rates.--CDC is directed to continue increasing
awareness and knowledge of the safety and effectiveness of
vaccines, combating misinformation about vaccines, and
disseminating scientific and evidence-based vaccine-related
information, with the goal of increasing rates of vaccination
across all ages, particularly in communities with low rates of
vaccination.
National Adenovirus Type Reporting System (NATRS).--CDC is
directed to submit a report no later than 180 days after
enactment of this Act to the Committees detailing impediments
to NATRS reporting and outlining recommendations to bolster the
reporting.
HIV/AIDS, VIRAL HEPATITIS, SEXUALLY TRANSMITTED DISEASES AND
TUBERCULOSIS PREVENTION
The agreement provides $1,273,556,000 for HIV/AIDS, Viral
Hepatitis, Sexually Transmitted Diseases, and Tuberculosis
Prevention. Within this total, the agreement includes the
following amounts:
------------------------------------------------------------------------
FY 2020
Budget Activity Agreement
------------------------------------------------------------------------
Domestic HIV/AIDS Prevention and Research............... $928,712,000
HIV Initiative...................................... 140,000,000
School Health....................................... 33,081,000
Viral Hepatitis......................................... 39,000,000
Sexually Transmitted Infections......................... 160,810,000
Tuberculosis............................................ 135,034,000
Infectious Diseases and the Opioid Epidemic............. 10,000,000
------------------------------------------------------------------------
Hepatitis B.--CDC is encouraged to work with stakeholders
to include a plan in the fiscal year 2021 Congressional
Justification to increase immunization coverage among adults
and reduce the number of hepatitis B cases.
HIV/AIDS Data Sharing Platform.--CDC is encouraged to
enhance the Collaborative Advanced Analytics and Data Sharing
system to lower overall operating costs and reduce reporting
burdens on Federal and State health departments.
HIV Initiative.--The agreement includes increased funding
to reduce new HIV infections.
Infectious Diseases and the Opioid Epidemic.--The agreement
provides an increase to conduct the activities outlined in
House Report 116-62.
Sexually Transmitted Infections (STI).--The agreement
includes an increase to reduce rising STI rates.
EMERGING AND ZOONOTIC INFECTIOUS DISEASES
The agreement provides $622,372,000 for Emerging and
Zoonotic Infectious Diseases, which includes $570,372,000 in
discretionary appropriations and $52,000,000 in transfers from
the PPH Fund. The agreement shifts $8,000,000 from lab safety
and quality into Public Health Scientific Services to account
for CDC's yearly administrative shift. Within this total, the
agreement includes the following amounts:
------------------------------------------------------------------------
FY 2020
Budget Activity Agreement
------------------------------------------------------------------------
Antibiotic Resistance Initiative........................ 170,000,000
Vector-Borne Diseases................................... 38,603,000
Lyme Disease............................................ 14,000,000
Prion Disease........................................... 6,000,000
Chronic Fatigue Syndrome................................ 5,400,000
Emerging Infectious Diseases............................ 188,797,000
Harmful Algal Blooms.................................... 2,000,000
Food Safety............................................. 63,000,000
National Healthcare Safety Network...................... 21,000,000
Quarantine.............................................. 31,572,000
Advanced Molecular Detection............................ 30,000,000
Epidemiology and Lab Capacity........................... 40,000,000
Healthcare-Associated Infections........................ 12,000,000
------------------------------------------------------------------------
Antimicrobial Resistance (AMR).--The agreement includes an
increase to address AMR through a ``One Health'' approach. CDC
is encouraged to continue to study effective strategies to
improve antibiotic prescribing including nutritional
alternatives in healthcare settings. CDC is also encouraged to
build off findings and experiences from the AMR Challenge and
provide an update in the fiscal year 2021 Congressional
Justification. Of the increase provided in the agreement,
$500,000 is provided for CDC to use its broad agency agreement
to fund an innovative project that uses population-based
research to define risk factors for these pathogens in
community settings.
Food Safety.--The agreement includes an increase to help
address critical unmet needs.
Harmful Algal Blooms.--The agreement includes an increase
to enhance harmful algal bloom exposure activities, with a
priority given to geographic locations subject to a state of
emergency designation related to toxic algae blooms within the
past 12 months and the impact on salt and fresh water. The
agreement encourages CDC to expedite procedures to enable rapid
analysis and reporting of results to impacted State health
departments.
Infectious Disease and Emerging Technology.--CDC is
encouraged to provide an update in the fiscal year 2021
Congressional Justification on challenges and opportunities
associated with ongoing technological advancements and a plan
for how the Vector-Borne Disease and Advanced Molecular
Detection programs will continue to maximize new technologies.
Lyme Disease and Related Tick-Borne Illnesses.--The
agreement includes an increase and encourages CDC, in
coordination with NINDS and NIMH, to include in its
surveillance the long-term effects. CDC is also encouraged to
coordinate with NIH on publishing reports that assess
prevention, treatment, diagnostic advancements, and links
between tick-borne disease and psychiatric illnesses. CDC is
encouraged to focus efforts in endemic areas as well as areas
not yet considered endemic.
Myalgic Encephalomyelitis/Chronic Fatigue Syndrome (ME/
CFS).--CDC is encouraged to develop a plan on how it intends to
foster collaboration to address the ME/CFS clinical care crisis
and to accelerate drug development following the sunset of the
Chronic Fatigue Syndrome Advisory Committee.
Mycotic Diseases.--The agreement provides an increase of
$2,000,000 in Emerging Infectious Diseases for mycotic
diseases.
Sepsis.--The agreement commends CDC's ongoing efforts to
work with healthcare partners to establish ways to perform
sepsis surveillance and reporting using data from the patient's
electronic health record.
Vector-Borne Diseases.--CDC is encouraged to continue
efforts to fund activities as designated under the Mosquito
Abatement for Safety and Health Programs Act.
CHRONIC DISEASE PREVENTION AND HEALTH PROMOTION
The agreement provides $1,239,914,000 for Chronic Disease
Prevention and Health Promotion, which includes $984,964,000 in
discretionary appropriations and $254,950,000 in transfers from
the PPH Fund. Within this total, the agreement includes the
following amounts:
------------------------------------------------------------------------
FY 2020
Budget Activity Agreement
------------------------------------------------------------------------
Tobacco................................................. $230,000,000
Nutrition, Physical Activity, and Obesity............... 56,920,000
High Obesity Rate Counties.......................... 15,000,000
School Health........................................... 15,400,000
Health Promotion........................................ 29,100,000
Glaucoma............................................ 4,000,000
Vision and Eye Health............................... 1,000,000
Alzheimer's Disease................................. 15,500,000
Inflammatory Bowel Disease.......................... 1,000,000
Interstitial Cystitis............................... 1,100,000
Excessive Alcohol Use............................... 4,000,000
Chronic Kidney Disease.............................. 2,500,000
Prevention Research Centers............................. 26,461,000
Heart Disease and Stroke................................ 142,105,000
Diabetes................................................ 148,129,000
National Diabetes Prevention Program.................... 27,300,000
Cancer Prevention and Control........................... 381,049,000
Breast and Cervical Cancer.......................... 223,000,000
WISEWOMAN....................................... 26,120,000
Breast Cancer Awareness for Young Women............. 4,960,000
Cancer Registries................................... 51,440,000
Colorectal Cancer................................... 43,294,000
Comprehensive Cancer................................ 19,675,000
Johanna's Law....................................... 9,000,000
Ovarian Cancer...................................... 11,000,000
Prostate Cancer..................................... 14,205,000
Skin Cancer......................................... 4,000,000
Cancer Survivorship Resource Center................. 475,000
Oral Health............................................. 19,500,000
Safe Motherhood/Infant Health........................... 58,000,000
Maternal Mortality Review Committees................ 12,000,000
Preterm Birth....................................... 2,000,000
Arthritis and Other Chronic Disease..................... 29,000,000
Arthritis........................................... 11,000,000
Epilepsy............................................ 9,500,000
National Lupus Registry............................. 8,500,000
Racial and Ethnic Approaches to Community Health (REACH) 59,950,000
Good Health and Wellness in Indian Country.......... 21,000,000
Million Hearts.......................................... 4,000,000
National Early Child Care Collaboratives................ 4,000,000
Hospitals Promoting Breastfeeding....................... 9,000,000
------------------------------------------------------------------------
Alzheimer's Disease.--The agreement provides an increase to
build Alzheimer's disease and related dementias public health
infrastructure across the country, as authorized by the BOLD
Infrastructure for Alzheimer's Act (P.L. 115-406).
Farm-to-School.--The agreement continues $2,000,000 within
Nutrition, Physical Activity, and Obesity for research and
education activities promoting healthy eating habits for
students. These grants support State farm to early childhood
programs with priority given to entities with experience
running farm to early childhood programs. CDC is directed to
coordinate efforts with the Office of Community Food Systems at
the Department of Agriculture.
Heart Disease and Stroke Prevention.--The agreement
includes an increase to strengthen and expand evidence-based
heart disease and stroke prevention activities focused on high
risk populations. CDC is encouraged to execute evidence-based
prevention programs in high burden areas.
Johanna's Law.--The agreement includes an increase to raise
awareness in women of all ages, races, and ethnic groups, and
healthcare providers about the five main types of gynecological
cancer.
Maternal Mortality Review Committees (MMRCs).--The
agreement includes funding for CDC to continue its technical
assistance to existing State MMRCs to build stronger data
systems, improve data collection at the State level, and create
consistency in data collection.
Million Hearts 2022.--CDC is encouraged to continue
implementing evidence-based approaches to improve
cardiovascular health in high risk populations and increase
access to care and rehabilitation among prior heart attack and
stroke victims.
Mississippi Delta Health Collaborative (MDHC).--The
agreement encourages CDC to build on its long-standing
investment in MDHC by working to replicate the work in
additional sites while maintaining the current strategy. The
agreement requests an update in the fiscal year 2021
Congressional Justification.
National Diabetes Prevention Program.--CDC is encouraged to
support organizations that are serving populations at or below
the poverty level.
National Lupus Patient Registry.--The agreement provides an
increase and encourages CDC to continue working with existing
childhood lupus registries to generate more robust information
about the prevalence of the disease in children across the
country and its impacts. The agreement also encourages CDC to
build on initiatives to partner with national voluntary health
agencies.
Ovarian Cancer.--The agreement provides an increase for
prevention activities.
Peripheral Arterial Disease (PAD).--The agreement
encourages CDC to support education and awareness activities
that promote early diagnosis of PAD.
Pediatric Cardiomyopathy.--CDC is encouraged to develop
educational materials made available to the public about the
signs, symptoms, and risk factors of pediatric cardiomyopathy.
Pediatric Reference Intervals.--CDC is encouraged to submit
a plan for improving pediatric references intervals, including
the resources necessary for carrying out this initiative in the
fiscal year 2021 Congressional Justification.
Prostate Cancer.--CDC is encouraged to work to increase the
public's awareness of prostate cancer risks, screening, and
treatment, and improve surveillance of this disease.
Skin Cancer Education and Prevention.--The agreement
provides an increase and encourages CDC to increase its
collaboration and partnership with local governments, business,
health, education, community, non-profit, and faith-based
sectors.
Stakeholder Collaboration.--CDC is encouraged to continue
working closely with State health agencies in the prevention
and control of chronic diseases to achieve national goals for
healthy children, healthy families, healthy workforce, and
healthy seniors.
State Physical Activity and Nutrition Program.--The
agreement supports funding to implement evidence-based
strategies at State and local levels to address risk factors
for obesity and improve nutrition and physical activity.
Racial and Ethnic Approaches to Community Health (REACH).--
The agreement provides an increase for additional awards.
Tobacco.--The agreement provides an increase and recognizes
that the individual elements of comprehensive tobacco control
programs are synergistic and when implemented together have the
greatest effect, but also encourages flexibility within the
context of CDC's National Tobacco Control Program to ensure
State and local health departments are able to direct adequate
resources to stem the tide of youth use of e-cigarettes. CDC is
encouraged to identify strategies to promote youth cessation,
within existing resources used for State quitlines.
WISEWOMAN.--The agreement provides an increase to fund
additional grants to States to provide uninsured and under-
insured, low-income women with lifesaving preventive services.
BIRTH DEFECTS AND DEVELOPMENTAL DISABILITIES
The agreement provides $160,810,000 for Birth Defects and
Developmental Disabilities. Within this total, the agreement
includes the following amounts:
------------------------------------------------------------------------
FY 2020
Budget Activity Agreement
------------------------------------------------------------------------
Child Health and Development............................ $65,800,000
Birth Defects....................................... 19,000,000
Fetal Death......................................... 900,000
Fetal Alcohol Syndrome.............................. 11,000,000
Folic Acid.......................................... 3,150,000
Infant Health....................................... 8,650,000
Autism.............................................. 23,100,000
Health and Development for People with Disabilities..... 67,660,000
Disability & Health................................. 33,000,000
Tourette Syndrome................................... 2,000,000
Early Hearing Detection and Intervention............ 10,760,000
Muscular Dystrophy.................................. 6,000,000
Attention Deficit Hyperactivity Disorder............ 1,900,000
Fragile X........................................... 2,000,000
Spina Bifida........................................ 6,000,000
Congenital Heart.................................... 6,000,000
Public Health Approach to Blood Disorders............... 4,400,000
Hemophilia CDC Activities............................... 3,500,000
Hemophilia Treatment Centers............................ 5,100,000
Thalassemia............................................. 2,100,000
Neonatal Abstinence Syndrome............................ 2,250,000
Surveillance for Emerging Threats to Mothers and Babies. 10,000,000
------------------------------------------------------------------------
Cerebral Palsy (CP).--The agreement encourages CDC to use
existing resources to improve CP surveillance and develop
better understanding of the mechanisms leading to earlier
diagnosis and better outcomes. The agreement requests that CDC
share early detection guidelines with pediatric providers and
develop a U.S. implementation plan. Additionally, the agreement
encourages CDC to conduct an updated study from the 2003 report
on the healthcare and societal costs of CP in the U.S. and
include in the fiscal year 2021 Congressional Justification
information on the cause, earlier diagnosis, treatment, and
costs of CP across the lifespan.
Congenital Heart Disease (CHD).--The agreement includes an
increase to further implement the screening, surveillance,
research, and awareness activities authorized by the Congenital
Heart Futures Reauthorization Act (P.L. 115-342).
Disability and Health.--The agreement provides an increase
and directs CDC to allocate the increase in the same manner as
directed in P.L. 115-245.
Fragile X.--The agreement encourages CDC to explore cross-
divisional funding opportunities to accelerate data-driven
public health research to reduce the public health burdens of
both Fragile X and autism.
Hemophilia.--CDC's hemophilia activities have been critical
to the advancement of care for patients with hemophilia and
other bleeding disorders.
Sickle Cell Disease.--The agreement requests a report on
the resources CDC would require to implement P.L. 115-327,
which authorized CDC to award sickle cell disease data
collection grants to States, in the fiscal year 2021
Congressional Justification.
Tourette Syndrome.--CDC is encouraged to continue to
educate physicians, educators, clinicians, allied
professionals, and the general public about the disorder and to
improve scientific knowledge on prevalence, risk factors, and
co-occurring conditions of Tourette Syndrome.
Zika Surveillance.--The agreement requests an update in the
fiscal year 2021 Congressional Justification.
PUBLIC HEALTH SCIENTIFIC SERVICES
The agreement provides a total of $555,497,000 for Public
Health Scientific Services. The agreement shifts $8,000,000
from EZID lab safety and quality to reflect CDC's yearly
administrative shift. Within this total, the agreement includes
the following amounts:
------------------------------------------------------------------------
FY 2020
Budget Activity Agreement
------------------------------------------------------------------------
Health Statistics....................................... $160,397,000
Surveillance, Epidemiology, and Informatics............. 344,100,000
Lab Safety and Quality.............................. 8,000,000
Lab Training........................................ 5,000,000
Public Health Data/IT Systems Modernization......... 50,000,000
Public Health Workforce................................. 51,000,000
------------------------------------------------------------------------
Familial Hypercholesterolemia.--Familial
hypercholesterolemia is classified as a tier 1 genomic
condition by the CDC Office of Public Health Genomics because
of the public health impact that early identification and
intervention can make. The agreement provides $100,000 within
Surveillance, Epidemiology, and Informatics and encourages CDC
to raise awareness of this condition.
National Health and Nutrition Examination Survey
(NHANES).--The agreement encourages CDC to fund childhood
obesity research, prevention, and treatment programs in non-
NHANES-represented States, and their native and underserved
populations.
National Neurological Conditions Surveillance System.--In
lieu of the directive in House Report 116-62, the agreement
provides a total of $5,000,000 within Surveillance,
Epidemiology, and Informatics to continue efforts on the two
initial conditions.
Primary Immunodeficiencies.--The agreement includes an
increase of $1,000,000 within Surveillance, Epidemiology, and
Informatics for the Office of Public Health Genomics to support
existing efforts to enhance education and awareness of primary
immunodeficiencies.
Public Health Data Surveillance/IT Systems Modernization.--
The agreement includes funding for the initiative as outlined
in House Report 116-62 to support data modernization efforts
and the utilization of established standards. Within this
initiative, CDC is encouraged to prioritize advancements in
cancer registries. CDC is directed to provide a multi-year
plan, including at least five years of budget projections, as
well as the innovation strategy for surveys conducted by the
National Center for Health Statistics to the Committees no
later than 120 days after enactment of this Act.
ENVIRONMENTAL HEALTH
The agreement provides $213,850,000 for Environmental
Health programs, which includes $196,850,000 in discretionary
appropriations and $17,000,000 in transfers from the PPH Fund.
Within this total, the agreement includes the following
amounts:
------------------------------------------------------------------------
FY 2020
Budget Activity Agreement
------------------------------------------------------------------------
Environmental Health Laboratory......................... $66,750,000
Other Environmental Health.......................... 48,500,000
Newborn Screening Quality Assurance Program......... 17,000,000
Newborn Screening for SCID.......................... 1,250,000
Environmental Health Activities......................... 46,100,000
Safe Water.......................................... 8,600,000
Amyotrophic Lateral Sclerosis Registry.............. 10,000,000
Trevor's Law........................................ 1,500,000
Climate Change...................................... 10,000,000
All Other Environmental Health...................... 16,000,000
Environmental and Health Outcome Tracking Network....... 34,000,000
Asthma.................................................. 30,000,000
Childhood Lead Poisoning................................ 37,000,000
------------------------------------------------------------------------
Amyotrophic Lateral Sclerosis Registry.--The agreement
requests an update to the report requested in fiscal year 2018
within one year of enactment of this Act.
Childhood Lead Poisoning.--The agreement includes an
increase to support additional State and local programs.
Duchenne Muscular Dystrophy.--The agreement requests an
update in the fiscal year 2021 Congressional Justification on
CDC's involvement in the ongoing Duchenne newborn screening
efforts.
National Asthma Control Program.--The agreement provides an
increase to expand the number of States. CDC is encouraged to
continue to promote evidence-based asthma medical management
and strategies aimed at improving access and adherence to the
2007 National Asthma Education and Prevention Program.
Trevor's Law.--The agreement provides an increase to better
understand the relationship between environmental exposures and
pediatric cancer, and to build capacity to conduct cancer
investigations according to the provisions in Trevor's Law
(P.L. 114-182).
INJURY PREVENTION AND CONTROL
The agreement provides $677,379,000 for Injury Prevention
and Control activities. Within this total, the agreement
includes the following amounts:
------------------------------------------------------------------------
FY 2020
Budget Activity Agreement
------------------------------------------------------------------------
Intentional Injury...................................... $119,050,000
Domestic Violence and Sexual Violence............... 33,700,000
Child Maltreatment.............................. 7,250,000
Child Sexual Abuse Prevention................... 1,000,000
Youth Violence Prevention........................... 15,100,000
Domestic Violence Community Projects................ 5,500,000
Rape Prevention..................................... 50,750,000
Suicide Prevention.................................. 10,000,000
Adverse Childhood Experiences....................... 4,000,000
National Violent Death Reporting System................. 23,500,000
Unintentional Injury.................................... 8,800,000
Traumatic Brain Injury.............................. 6,750,000
Elderly Falls....................................... 2,050,000
Other Injury Prevention Activities...................... 28,950,000
Opioid Overdose Prevention and Surveillance............. 475,579,000
Injury Control Research Centers......................... 9,000,000
Firearm Injury and Mortality Prevention Research........ 12,500,000
------------------------------------------------------------------------
Adverse Childhood Experiences.--The agreement provides
funding to inform how adverse childhood experiences increase
the risk of future substance use disorders, suicide, mental
health conditions, and other chronic illnesses as authorized in
section 7131 of the SUPPORT Act (P.L. 115-271).
Child Sexual Abuse Prevention.--The agreement includes
funding to support more proactive approaches and research for
the development, evaluation, and dissemination of effective
practice and policy.
Concussion Surveillance.--CDC is encouraged to investigate
the establishment of a national surveillance system to
accurately determine the incidence of sports- and recreation-
related concussions among youth aged 5 to 21 years and provide
an update in the fiscal year 2021 Congressional Justification.
Opioid Overdose Prevention and Surveillance.--The agreement
directs CDC to continue funding overdose prevention efforts in
the same manner as directed in P.L. 115-245. The agreement
encourages CDC to continue to work collaboratively with States
to ensure that funding is available to all States for opioid
prevention and surveillance activities.
Firearm Injury and Mortality Prevention Research.--The
agreement includes $12,500,000 to conduct research on firearm
injury and mortality prevention. Given violence and suicide
have a number of causes, the agreement recommends the CDC take
a comprehensive approach to studying these underlying causes
and evidence-based methods of prevention of injury, including
crime prevention. All grantees under this section will be
required to fulfill requirements around open data, open code,
pre-registration of research projects, and open access to
research articles consistent with the National Science
Foundation's open science principles. The Director of CDC is to
report to the Committees within 30 days of enactment on
implementation schedules and procedures for grant awards, which
strive to ensure that such awards support ideologically and
politically unbiased research projects.
Rape Prevention.--The agreement continues to direct that at
least 75 percent of the program's funds go to States for State
and local prevention activities. CDC should coordinate efforts
with higher education institutions to reduce the incidence of
sexual assault on campus.
Suicide Prevention.--The agreement provides funding for a
new effort in recognition of the devastating impacts and
increasing rates of suicide. CDC is directed to focus
prevention efforts on vulnerable populations that have been
identified at higher risk for suicidal behaviors than the
general population.
Tribal Use of Prescription Drug Monitoring Programs
(PDMP).--CDC is directed to work with the Indian Health Service
to ensure Federally-operated and tribally-operated healthcare
facilities benefit from the CDC's PDMP efforts.
Understanding the Physical and Psychological Effects of
Severe Forms of Trafficking in Persons.--The agreement
encourages CDC to fund a joint study with the National
Institute of Justice as directed by section 20 of the Abolish
Human Trafficking Act of 2017 (P.L. 115-392).
NATIONAL INSTITUTE FOR OCCUPATIONAL SAFETY AND HEALTH
The agreement provides a total of $342,800,000 for the
National Institute for Occupational Safety and Health (NIOSH)
in discretionary appropriations. Within this total, the
agreement includes the following amounts:
------------------------------------------------------------------------
FY 2020
Budget Activity Agreement
------------------------------------------------------------------------
National Occupational Research Agenda................... $117,000,000
Agriculture, Forestry, Fishing...................... 26,500,000
Education and Research Centers.......................... 30,000,000
Personal Protective Technology.......................... 20,000,000
Mining Research......................................... 60,500,000
National Mesothelioma Registry and Tissue Bank.......... 1,200,000
Firefighter Cancer Registry............................. 2,500,000
Other Occupational Safety and Health Research........... 111,600,000
------------------------------------------------------------------------
Total Worker Health.--The agreement provides an increase of
$2,000,000 to advance the safety, health, and well-being of the
diverse worker population.
Underground Mine Evacuation Technologies and Human Factors
Research.--The agreement provides an increase for additional
grant opportunities to universities with graduate programs in
mining and explosives engineering to fund research related to
mine emergencies, to build on NIOSH's work to address mandates
in the Mine Improvement and New Emergency Response Act of 2006
(P.L. 109-236). Research will develop new wireless
communication devices and methodologies; develop training,
systems, and tools to facilitate miner self-escape; and
continue to improve the design of refuge alternatives.
GLOBAL HEALTH
The agreement provides $570,843,000 for Global Health
activities. The agreement shifts $7,222,000 from tuberculosis
prevention to account for CDC's yearly administrative shift.
Within this total, the agreement includes the following
amounts:
------------------------------------------------------------------------
FY 2020
Budget Activity Agreement
------------------------------------------------------------------------
Global AIDS Program..................................... $128,421,000
Global Tuberculosis..................................... 7,222,000
Global Immunization Program............................. 226,000,000
Polio Eradication................................... 176,000,000
Measles and Other Vaccine Preventable Diseases...... 50,000,000
Parasitic Diseases and Malaria.......................... 26,000,000
Global Public Health Protection......................... 183,200,000
Global Disease Detection and Emergency Response..... 173,400,000
Global Public Health Capacity and Development....... 9,800,000
------------------------------------------------------------------------
Children in Adversity.--The agreement directs CDC to
collaborate with the U.S. Agency for International Development
(USAID), the President's Emergency Plan for AIDS Relief
(PEPFAR), and the Department of Labor to ensure monitoring and
evaluation is aligned for all of the objectives of the U.S.
Government Action Plan.
Global Health Security.--The agreement provides an increase
of $75,000,000 to accelerate the capacity of countries to
prevent, detect, and respond to infectious disease outbreaks.
CDC is directed to provide a spend plan to the Committees no
later than 60 days after enactment of this Act. CDC is directed
to work with USAID on a coordinated global health security
effort, delineating roles and responsibilities, and measuring
progress. One year after submitting a spend plan, CDC, in
coordination with USAID, will brief the Committees on the
program status.
Malaria and Parasitic Diseases.--The agreement encourages
CDC to continue to research, monitor, and evaluate efforts for
malaria and parasitic disease in collaboration with other
divisions and agencies.
Soil Transmitted Helminth and Related ``Diseases of
Poverty''.--The agreement continues $1,500,000 for
surveillance, source remediation, and clinical care aimed at
reducing soil transmitted helminth to extend the currently
funded projects for another year.
PUBLIC HEALTH PREPAREDNESS AND RESPONSE
The agreement provides $850,200,000 for public health
preparedness and response activities. Within this total, the
agreement includes the following amounts:
------------------------------------------------------------------------
FY 2020
Budget Activity Agreement
------------------------------------------------------------------------
Public Health Emergency Preparedness Cooperative $675,000,000
Agreement..............................................
Academic Centers for Public Health Preparedness......... 8,200,000
BioSense................................................ 23,000,000
All Other CDC Preparedness.............................. 144,000,000
------------------------------------------------------------------------
Strategic National Stockpile.--The agreement reiterates the
importance that CDC maintain a strong and central role in the
medical countermeasures enterprise.
BUILDINGS AND FACILITIES
The agreement provides $25,000,000 in discretionary budget
authority and $225,000,000 from the HHS Nonrecurring Expenses
Fund for Buildings and Facilities.
Chamblee Research Support Building 108 and Campus
Infrastructure Improvements.--The agreement directs
$225,000,000 from the Nonrecurring Expenses Fund for these one-
time projects that will result in enhanced research
collaboration and long-term lease cost avoidance.
Replacement of the Lake Lynn Experimental Mine and
Laboratory.--The CDC Director is directed to provide annual
reports to the Committees detailing activities to replace the
Lake Lynn Laboratory.
CDC-WIDE ACTIVITIES
The agreement provides $358,570,000 for CDC-wide
activities, which includes $198,570,000 in discretionary
appropriations and $160,000,000 in transfers from the PPH Fund.
Within this total, the agreement includes the following
amounts:
------------------------------------------------------------------------
FY 2020
Budget Activity Agreement
------------------------------------------------------------------------
Preventive Health and Health Services Block Grant....... $160,000,000
Public Health Leadership and Support.................... 113,570,000
Infectious Disease Rapid Response Reserve Fund.......... 85,000,000
------------------------------------------------------------------------
Infectious Disease Rapid Response Reserve Fund.--The
agreement provides increased funding to quickly respond to a
future, imminent infectious disease crisis that endangers
American lives, including for Ebola preparedness and response,
without regard to the limitations in the third proviso in
section 231 of division B of P.L. 115-245.
Opioid Use and Infectious Diseases.--The agreement
encourages CDC to work across operating divisions to integrate
interventions aimed at preventing, tracking, and treating
infectious diseases with broader efforts to address the opioid
epidemic.
Preventative Health and Health Services Block Grant.--The
agreement encourages CDC to enhance reporting and
accountability, including how much funding is directed to
support public health needs at the local level.
Tribal Advisory Committee.--The agreement encourages the
Director, with guidance from Tribal Advisory Committee, to
develop best practices around delivery of Tribal technical
assistance and provide an update on written guidelines in the
fiscal year 2021 Congressional Justification.
National Institutes of Health
The agreement provides $41,684,000,000 for the National
Institutes of Health (NIH), including $492,000,000 from the
21st Century Cures Act (P.L. 114-255), an increase of
$2,600,000,000, or 6.7 percent, above fiscal year 2019.
The agreement provides a funding increase of no less than
3.3 percent above fiscal year 2019 to every Institute and
Center to continue investments in research that will save
lives, lead to new drug and device development, reduce health
care costs, and improve the lives of all Americans.
The agreement appropriates funds authorized in the 21st
Century Cures Act. Per the authorization, $195,000,000 is
transferred to the National Cancer Institute (NCI) for cancer
research; $70,000,000 to the National Institute of Neurological
Disorders and Stroke (NINDS), and $70,000,000 to the National
Institute on Mental Health (NIMH) for the BRAIN Initiative; and
$157,000,000 will be allocated from the NIH Innovation Fund for
the Precision Medicine Initiative cohort ($149,000,000) and
regenerative medicine research ($8,000,000).
The Common Fund is supported as a set-aside within the
Office of the Director at $626,511,000. In addition,
$12,600,000 is provided to support pediatric research as
authorized by the Gabriella Miller Kids First Research Act
(P.L. 113-94).
The bill directs NIH to include updates on the following
research, projects, and programs in their fiscal year 2021
Congressional Justification:
Alopecia Areata
Aortic Aneurysm and Fibrosis
Congenital Heart Disease
Government-wide collaborations, particularly with
the Departments of Defense (DoD) and Veterans Affairs (VA)
Gynecologic cancer clinical trials
Liver cancer
Melanoma
NCI Specialized Programs of Research Excellence
Pain management, including multi-agency
partnership with NCCIH, DoD, and VA
Pediatric Cancer
Pediatric MATCH
Progress on the development and advancement of
non-opioid chronic pain therapies
Psycho-social Distress Complications related to
recommendations made in the 2008 Institute of Medicine report
Cancer Care for the Whole Patient: Meeting Psychosocial Health
Needs
Rare cancers
Research Project Grant, R21, P01, and R01--
Equivalent Cumulative Investigator Rates by NIH Institute and
Center
Suicide
Temporomandibular Disorders
Threat of emerging infectious disease, including a
progress report on the use of machine learning and validated
mechanistic models to advance critical biomedical research,
improve decision support for epidemiological interventions, and
enhance human health
Traumatic Brain Injury, including information on a
coordinated portfolio, specifically regenerative medicine and
neuroplasticity
NATIONAL CANCER INSTITUTE (NCI)
Cancer Moonshot.--The agreement directs NIH to transfer
$195,000,000 from the NIH Innovation Account to NCI to support
the Cancer Moonshot Initiative.
Childhood Cancer Data Initiative.--The agreement includes
the full budget request for this fiscal year of $50,000,000 for
the Childhood Cancer Data Initiative, which will facilitate a
connected data infrastructure and integrate multiple data
sources to make data work better for patients, clinicians, and
researchers.
Deadliest Cancers.--The agreement directs NCI to develop a
scientific framework using the process outlined in the
Recalcitrant Cancer Research Act of 2012 for stomach and
esophageal cancers and urges NCI to continue to support
research with an emphasis on developing screening and early
detection tools and more effective treatments for all
recalcitrant cancers. NCI is directed to provide an update on
NCI-supported research to advance these goals in the fiscal
year 2021 Congressional Justification. Also, NCI is directed to
add esophageal and stomach cancers to future Research,
Condition, and Disease Categorization (RCDC) reports. Finally,
the bill encourages NCI to place a high priority on researching
these cancers, which include anaplastic astrocytoma, diffuse
intrinsic pontine glioma, glioblastoma, Juvenile myelomonocytic
leukemia, high-risk neuroblastoma, recurrent osteosarcoma,
rhabdomyosarcoma, and diffuse anaplastic Wilms tumors.
Gynecologic Cancer Clinical Trials.--NCI is encouraged to
work with stakeholders to address priorities for the
gynecologic oncology clinical trials scientific agenda,
including consideration of the availability of trials for these
patients.
NCI Paylines.--Grant applications to NCI have increased by
approximately 50 percent since 2013, outpacing available
funding, with requests for cancer research ten-fold greater
than other Institutes. With such a high demand for NCI grants,
only a fraction of this research is funded. To support more
awards and improve success rates, the agreement provides
$212,500,000 to prioritize competing grants and sustain
commitments to continuing grants.
Precision Medicine.--The agreement strongly supports
precision medicine initiatives that are critical to delivering
the right treatment to the right patient at the right time. At
its core, precision medicine aims to understand and treat the
underlying cause of disease in individual patients. Once the
underlying cause of a patient's disease is identified, this
information can then be used to gain new insights into the
underlying basic biology and disease pathogenesis, which will
ultimately foster the development of medicine targeted to those
patient populations most likely to benefit. NIH needs to focus
cancer precision medicine efforts towards comprehensive drug
screening and precision clinical trials and this agreement has
included sufficient funding to do so. Therefore, the bill
directs NCI to fund an initiative to foster the clinical
demonstration of novel methodologies for individualizing
identification of cancer therapeutics. Programs should be at a
NCI-designated Comprehensive Cancer Center at institutions that
have demonstrated institutional investment in precision
medicine, have a strong existing track record in NIH-supported
cancer funding, and have the expertise to conduct in-depth
genomic analysis of cancer tumors and do comprehensive drug
repurposing screens of all FDA-approved drugs on at least one
tumor type. Additionally, regional multi-institutional
consortiums that serve populations with significant health
disparities and traditionally underserved populations are
strongly encouraged.
Psycho-Social Distress Complications.--NCI is encouraged to
ensure that all of its designated cancer centers are managing
and measuring patients for distress as an integral piece of
their treatment and follow-up care.
Rare Cancers.--The bill supports a trans-NIH collaboration,
which includes NCATS, to accelerate therapies for rare cancers
and to support broader sharing of genomic-related rare cancers
data to accelerate research and drug development for these
cancers.
STAR Act.--The agreement includes no less than $25,000,000
in funding for continued implementation of sections of the
Childhood Cancer Survivorship, Treatment, Access, and Research
(STAR) Act. Funding is in addition to the funds allocated in
fiscal year 2019 to expand existing biorepositories for
childhood cancer patients enrolled in NCI-sponsored clinical
trials to collect and maintain relevant clinical, biological,
and demographic information on children, adolescents, and young
adults, with an emphasis on selected cancer subtypes (and their
recurrences) for which current treatments are least effective.
Funding provided this year will allow NCI to continue to
conduct and support childhood cancer survivorship research as
authorized in the STAR Act.
NATIONAL HEART, LUNG, AND BLOOD INSTITUTE (NHLBI)
Chronic Disease Precision Medicine.--The bill directs NHLBI
to fund an initiative to address chronic diseases through
translational science and the application of a precision
medicine approach and has included sufficient funding to do so.
Programs should focus on diseases and disorders relating to
heart, lung, blood, and sleep, and access to populations with
significant health disparities. Programs should have a proven
track record of NIH funding in all of these areas, as well as
have NIH-funded programs for health disparities research.
Additionally, regional multi-institutional consortiums are
strongly encouraged.
Congenital Heart Disease.--NHLBI is encouraged to
prioritize congenital heart disease (CHD) activities outlined
in its strategic plan, including improving understanding of
outcomes and co-morbidities, modifying treatment options across
the lifespan, and accelerating advances by leveraging CHD
registries and networks.
Fibrotic Diseases.--The bill encourages NIH to vigorously
support dedicated funding and research into fibrotic diseases
affecting different organs, including the lungs, liver,
kidneys, heart, skin, and bones. The agreement requests a
report on the current NIH Fibrosis Interest Group and its
progress no later than 90 days after the passage of this Act.
The bill encourages the Interest Group to continue its efforts
to bring together key stakeholders, at the NIH and elsewhere,
to develop strategic paths forward to maximize efforts in
fibrotic disease research. The bill also encourages NIH to
enhance its patient-centered clinical research into pulmonary
fibrosis to include traditional observational and
interventional studies looking at reducing healthcare
utilization such as hospitalizations, improving symptoms such
as cough, and prolonging life, and directs NIH to include an
update in its fiscal year 2021 Congressional Justification on
its work relating to idiopathic pulmonary fibrosis following
the November 2012 NHLBI workshop Strategic Planning for
Idiopathic Pulmonary Fibrosis. The agreement also encourages
NIH to create a funding mechanism to fund fibrosis research
across all organs, building on the progress and leveraging data
that has and may result from NHLBI funded projects.
Hemophilia.--The agreement asks NHLBI to provide the
Committees with the final report and national blueprint for
future research from the May 2018 State of the Science Workshop
on Factor VIII Inhibitors and to take steps to implement the
research blueprint in collaboration with the hemophilia
patient, provider, and research communities.
Pediatric Cardiomyopathy.--The agreement commends NHLBI for
its long-standing commitment to the Pediatric Cardiomyopathy
Registry and strongly encourages NHLBI to continue to support
cardiomyopathy research.
Postural Orthostatic Tachycardia Syndrome.--NIH is directed
to submit the report on Postural Orthostatic Tachycardia
Syndrome (POTS) that was requested in Senate Report 115-289,
now overdue, no later than 30 days after enactment of this Act.
NIH is strongly encouraged to include an estimate of annual NIH
funding allocated to POTS research in its publicly available
RCDC report.
NATIONAL INSTITUTE OF DENTAL AND CRANIOFACIAL RESEARCH (NIDCR)
Temporomandibular Disorders.--NIDCR is encouraged to
continue collaboration with governmental agencies and other
stakeholders in the project entitled Temporomandibular
Disorders: From Research Discoveries to Clinical Treatment and
to increase funding to expand the science base in this field.
NATIONAL INSTITUTE OF DIABETES AND DIGESTIVE AND KIDNEY DISEASES
(NIDDK)
Chronic Diseases and Health Disparities.--Kidney disease,
type 2 diabetes, and obesity are among the most common, costly,
and preventable of all health conditions. NIH needs to focus
chronic disease efforts on those populations most affected,
particularly vulnerable populations and underrepresented
minorities. Therefore, the agreement provides sufficient
funding for an initiative to address chronic diseases and
health disparities in these areas. The program must focus on
kidney disease, obesity, diabetes, exercise medicine, and
health disparities. Programs should have a strong existing
track record of NIH funding in all of these areas, such as an
NIH-funded Nutrition Obesity Research Center, Diabetes Research
Center, Obesity Health Disparities Research Center, and O'Brien
Kidney Center. Additionally, regional multi-institutional
consortiums are strongly encouraged.
Diabetes.--NIDDK is urged to support research to improve
the treatment of diabetic foot ulcers and reduce amputations.
Further, the agreement urges NIDDK to work with NIA to explore
the relationship between diabetes and neurocognitive
conditions, such as dementia and Alzheimer's disease. Finally,
the agreement supports efforts to utilize adult-derived, non-
embryonic pluripotent stem cells for developing and
commercializing the use of the stem cell-derived islets for
both drug discovery and testing platforms and therapeutic
delivery to patients with diabetes.
Liver Diseases.--NIDDK is encouraged to continue to feature
liver diseases research considering recent progress and
improvements for liver disease patients.
Medical Foods.--The agreement encourages further
incorporation of research topics associated with medical foods
and patient care into emerging research activities.
NATIONAL INSTITUTE OF NEUROLOGICAL DISORDERS AND STROKE (NINDS)
Cerebral Palsy.--The agreement strongly encourages NIH to
prioritize and implement additional FOAs to significantly
strengthen, accelerate, and coordinate Cerebral Palsy (CP)
research to address priorities across the lifespan identified
in the five to 10 year Cerebral Palsy Strategic Plan developed
by NINDS and NICHD. FOAs should target basic and translational
discoveries, including genetics, regenerative medicine, and
mechanisms of neuroplasticity, as well as clinical studies
aimed at early intervention, comparative effectiveness, and
functional outcomes in adults. NIH is also encouraged to
coordinate with other agencies, including CDC, to support
additional research on preventing, diagnosing, and treating CP.
Dystonia.--The agreement urges NINDS to follow the
recommendations of the dystonia conference, including
identifying new research and therapeutic needs that will lead
to a better understanding of dystonia etiology and evaluation
of the status of translational research that may lead to more
treatment options for those affected by dystonia.
Opioid Misuse and Addiction.--The agreement includes no
less than $250,000,000 for targeted research related to opioid
misuse and addiction, development of opioid alternatives, pain
management, and addiction treatment. The agreement directs NIH
to expand scientific activities related to research on
medications used to treat and reduce chronic pain, and the
transition from acute to chronic pain.
POTS.--NIH is directed to submit the report on POTS
requested in Senate Report 115-289, now overdue, no later than
30 days after enactment of this Act. NIH is strongly encouraged
to include an estimate of annual NIH funding allocated to POTS
research in its publicly available RCDC report.
NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES (NIAID)
AIDS Conference.--The agreement includes $5,100,000 for the
U.S. contribution to the AIDS2020 Conference.
Antimicrobial Resistance.--The agreement includes
$511,000,000 within NIAID for research related to combating
antimicrobial resistance (AMR), an increase of $50,000,000. In
April, the United Nations issued a report that, like the 2016
review sponsored by the government of the United Kingdom and
Wellcome Trust, warned that rampant overuse of antibiotics and
antifungal medicines in humans, livestock, and agriculture
could erase much of the improvement in public health achieved
since the development of the first antimicrobials in the 1940s.
The agreement includes $1,700,000 to fund a National Academies
of Sciences, Engineering, and Medicine (NASEM) study to examine
and quantify the long-term medical and economic impacts of
increasing AMR in the U.S. The review should examine progress
made on the U.S. National Strategy and Action Plan for
Combating Antibiotic-Resistant Bacteria, including domestic and
international strategies employed by NIH, CDC, FDA, ASPR, USDA,
and USAID. The NASEM report should make recommendations to
address any gaps in research and development of therapeutics
and diagnostics; efforts to move new products to market; animal
and human surveillance, prevention efforts, international
coordination and collaboration; and any other recommendations
NASEM finds relevant to stopping the spread of AMR. The
agreement directs NIAID to report on trends in AMR-related
Research Project Grants, including the success rates for such
grants, and requests an update on these activities in the
fiscal year 2021 Congressional Justification, including an
overall assessment of the progress to date of efforts to
address AMR.
Celiac Disease.--The agreement encourages NIH to devote
sufficient, focused research to the study of celiac disease,
including the autoimmune causation underpinning the affliction.
The agreement urges NIAID to better coordinate existing
research and focus new research efforts toward causation and,
ultimately, a cure of this disease. NIAID is encouraged to
coordinate with other Institutes and Centers as appropriate and
to submit its plan for coordination and execution of this
research to the Committees no later than 90 days after
enactment of this Act.
Hepatitis B Virus.--The agreement urges additional targeted
calls for Hepatitis B Virus (HBV) research to fund the many
critical research opportunities identified by the scientific
community in the Roadmap for a Cure. The agreement urges active
participation and leadership by NIAID in the Director's newly
established Trans-NIH Hepatitis B working group and requests
that NIAID submit within 180 days of enactment of this Act, a
research plan to pursue a cure for HBV in coordination with the
other Institutes and Centers.
HIV/AIDS.--The agreement provides an increase of no less
than $25,000,000 over the fiscal year 2019 level for HIV/AIDS
research.
Centers for AIDS Research.--As part of the domestic HIV
initiative, the agreement includes no less than $51,000,000 for
the Centers for AIDS Research.
Lyme Disease and Other Tick-Borne Diseases.--The agreement
encourages NIH to issue requests for grant applications for
research to investigate causes of all forms and manifestations
of Lyme disease and other high-consequence tick-borne diseases,
including post-treatment symptoms, as well as research to
develop diagnostics, preventions, and treatments for those
conditions, including potential vaccine candidates. The
agreement urges NIAID, in coordination with CDC, to study the
long-term effects on patients suffering from post-treatment
Lyme disease syndrome, or ``chronic Lyme disease''.
Specifically, the agreement urges NIAID to evaluate the
effectiveness of laboratory tests associated with the detection
of Borrelia burgdorferi to diagnose the disease early, which
can improve the treatment of patients suffering from Lyme
disease. The agreement is also aware of promising vaccine
innovations to combat Borrelia and requests a report within 90
days of enactment of this Act on agency activities to support
Lyme vaccine development. The agreement also encourages NLM, in
coordination with NIAID, to update its terminology in line with
new research to more accurately reflect the long-term effects
of Lyme disease.
Medical Countermeasures.--The agreement supports the
continuation of NIAID's medical countermeasures program, but
expects the Institute to make sure any future contractor
selected for the program can refine its animal models,
particularly small animal models, to support the establishment
of adequate countermeasure efficacy to expedite approval by the
FDA. This requires close coordination with NIAID and the
adequate level of technical personnel to carry out the
program's important mission.
Universal Flu Vaccine.--The agreement provides not less
than $200,000,000 to advance basic, translational, and clinical
research to develop a universal influenza vaccine, an increase
of $60,000,000.
Valley Fever.--The agreement notes the recent increase in
the number of Valley Fever infections in Western States and
urges NIAID to prioritize research on this fungal disease.
NATIONAL INSTITUTE OF GENERAL MEDICAL SCIENCES (NIGMS)
Institutional Development Award.--The agreement provides
$386,573,000 for the Institutional Development Award (IDeA)
program, an increase of $25,000,000.
Maximizing Access to Research Careers.--The agreement
recognizes the importance of the Maximizing Access to Research
Careers (MARC) program and encourages the continuation and
enhancement of efforts underway with our Nation's HBCUs. The
agreement also encourages NIH to continue and strengthen its
engagement of institutions located in rural parts of the U.S.
EUNICE KENNEDY SHRIVER NATIONAL INSTITUTE OF CHILD HEALTH AND HUMAN
DEVELOPMENT (NICHD)
Impact of Technology and Digital Media on Children and
Teens.--The agreement recognizes that children's and teens'
lives increasingly involve widespread technology use and
consumption of digital media. The agreement encourages NIH to
prioritize research into how these types of stimuli affect
young people's cognitive, physical, and socio-emotional
outcomes, including attention, sleeping routines, and anxiety.
Maternal-Fetal Medicine Units Network.--The agreement fully
supports the work of the Maternal Fetal Medicine Units network
(MFMU) and encourages NICHD to continue to build on its success
by ensuring its highly efficient structure of multicenter
collaborative research continues. There is particular concern
that any change in the funding mechanism or structure for the
MFMU could compromise the ability of the network to remain
nimble and directly address the changing landscape of women's
health, including to reduce health disparities. The agreement
directs NICHD to submit a report to the Committees outlining
any potential changes being considered to the funding mechanism
or structure of the MFMU network within 90 days of enactment of
this Act.
Prenatal Opioid Use Disorders and Neonatal Abstinence
Syndrome.--The agreement encourages NIH to coordinate with
other agencies at HHS to support additional research on
prevention, identification, and treatment of prenatal opioid
exposure and neonatal abstinence syndrome (NAS), including the
best methods for screening and treating pregnant women for
opioid use disorder and the best methods for screening for NAS.
Additionally, the agreement encourages NIH to build on the
Advancing Clinical Trials in Neonatal Opioid Withdrawal study
to enhance understanding of the impact of pharmacological and
non-pharmacological treatment techniques on costs and outcomes
in the short- term and longitudinally. The agreement further
encourages NIH to coordinate with other agencies at HHS to
support research on innovative care models to optimize care and
long-term outcomes for families.
Research in Pregnant and Lactating Women.--The Task Force
on Research Specific to Pregnant Women and Lactating Women
issued a report to the Secretary of HHS outlining 15
recommendations to facilitate the inclusion of pregnant and
lactating women in clinical research. The agreement commends
the Secretary for extending the Task Force and believes this
extension should be for at least an additional two years to
continue to work towards healthcare professionals and consumers
having accurate information on the safety and efficacy of drugs
taken by these populations. NICHD should oversee its part of
the implementation of the already released recommendations
working with other relevant Institutes and Centers, CDC, and
FDA. The agreement requests a progress report be provided in
the fiscal year 2021 Congressional Justification.
NATIONAL EYE INSTITUTE (NEI)
Age-Related Macular Degeneration.--The agreement recognizes
the tremendous strides in the treatment of patients with the
``dry'' form of age-related macular degeneration and commends
NEI for its planned first-in-human clinical trial that would
test a stem cell-based therapy from induced pluripotent stem
cells. The agreement supports NEI's prospective international
study of patients that uses the latest advances in retinal
imaging to identify biomarkers of the disease and targets for
early therapeutic interventions.
NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES (NIEHS)
Hurricane Harvey Research.--The agreement includes
$3,000,000 for the continued funding and expansion of research
on the health effects of environmental exposures directly
related to the consequences of Hurricane Harvey in 2017. The
research should focus on the full Hurricane Harvey-affected
region, conduct follow-up health research on affected
populations on registrants, link to relevant government and
non-profit intervention research programs, and provide critical
information on disaster preparedness through data sharing and
analysis.
NATIONAL INSTITUTE ON AGING (NIA)
Alzheimer's Disease and Related Dementias.--The agreement
provides an increase of $350,000,000 for Alzheimer's disease
and related dementias research, bringing the total funding
level in fiscal year 2020 to no less than $2,818,000,000.
Diversity of Clinical Trials.--The agreement remains
concerned about underrepresented populations in research,
particularly clinical trials for Alzheimer's. The agreement
directs NIH to report to the Committees within 180 days of
enactment of this Act on how it is implementing the actions
outlined in the National Strategy for Recruitment and
Participation in Alzheimer's and Related Dementias Clinical
Research, including NIA resources that have been dedicated to
these efforts.
EUREKA Prize.--The agreement requests a report within 180
days of enactment of this Act on NIA's initial EUREKA prize
competition, including the number of submissions received and
any unexpected challenges or impediments encountered in
executing the challenge, as well as lessons learned that could
be applied to future Alzheimer's or other prize challenges. The
agreement also requests that the report include any
recommendations to enhance the model going forward.
NATIONAL INSTITUTE ON ALCOHOL ABUSE AND ALCOHOLISM (NIAAA)
Mobile Assessment Technology Research for Addictive
Behaviors.--The agreement encourages NIAAA to support
meritorious research to improve the prevention and treatment of
substance misuse, addiction, and related consequences through
the use of mobile technologies.
NATIONAL INSTITUTE ON DRUG ABUSE (NIDA)
Barriers to Research.--The agreement directs NIDA to
provide a brief report on the barriers to research that result
from the classification of drugs and compounds as Schedule I
substances no later than 120 days after enactment of this Act.
Cannabis Research.--The agreement encourages NIH to
consider additional investment in studying the medicinal
effects and toxicology of cannabidiol and cannabigerol.
Methamphetamine Medication-Assisted Treatments.--The
agreement urges NIDA to continue its ongoing trials to
expeditiously find and approve a medication-assisted treatment
for methamphetamine.
Opioid Misuse and Addiction.--The agreement includes no
less than $250,000,000 for targeted research related to opioid
misuse and addiction, development of opioid alternatives, pain
management, and addiction treatment. The agreement directs NIH
to expand scientific activities related to research on
medications used to treat and reduce chronic pain, and the
transition from acute to chronic pain. Further, the agreement
urges NIH to: (1) continue funding research on medication
development to alleviate pain and to treat addiction,
especially the development of medications with reduced misuse
liability; (2) as appropriate, work with private companies to
fund innovative research into such medications; (3) report on
what is known regarding the transition from opioid analgesics
to heroin and synthetic opioid use and addiction within
affected populations; (4) conduct pilot studies to create a
comprehensive care model in communities nationwide to prevent
opioid misuse, expand treatment capacity, enhance access to
overdose reversal medications, and enhance prescriber practice;
(5) test interventions in justice system settings to expand the
uptake of medications for treating opioid use disorder (OUD)
and methods to scale up these interventions for population-
based impact; and (6) develop evidence-based strategies to
integrate screening and treatment for OUD in emergency
department and primary care settings. In addition, NIH should
continue to sponsor research to better understand the effects
of long-term prescription opioid use, especially as it relates
to the prevention and treatment of opioid misuse and addiction.
Further, the agreement notes NIDA has started to investigate
the links among respiratory health, disease, and deaths from
opioids to determine if addressing underlying respiratory
physiology can prevent death due to respiratory failure during
overdoses.
NATIONAL INSTITUTE OF MENTAL HEALTH (NIMH)
Suicide Prevention and Risk Detection Algorithms.--The
agreement continues to encourage NIMH to prioritize its suicide
screening and prevention research efforts to produce risk
detection models that are interpretable, scalable, and
practical for clinical implementation, including mental and
behavioral healthcare interventions, to combat suicide in the
U.S. In assessing research opportunities, the agreement
encourages NIMH to consider the recommendations included in the
Action Alliance for Suicide Prevention's A Prioritized Research
Agenda for Suicide Prevention.
NATIONAL HUMAN GENOME RESEARCH INSTITUTE (NHGRI)
Computational Genomics and RNA Molecules.--The agreement
urges NHGRI to continue to support research on RNA molecules
and the mechanisms through which they affect biological
processes that cause disease.
Emerging Centers of Excellence in Genomic Sciences.--The
agreement includes no less than $10,000,000 for a new
competitively-awarded center-based grant program for Emerging
Centers of Excellence. The purpose of these awards is to build
capacity at institutions that are not prior or current grantees
of the Centers of Excellence in Genomic Sciences program. The
agreement urges NHGRI to include plans for sustainment of this
capacity-building mechanism in its 2020 vision report.
NATIONAL CENTER FOR COMPLEMENTARY AND INTEGRATIVE HEALTH (NCCIH)
Pain Management.--The agreement urges NIH, along with DoD
and VA, to continue to support research on non-pharmacological
treatments for pain management to ensure the best quality of
care for our Nation's veterans.
NATIONAL INSTITUTE ON MINORITY HEALTH AND HEALTH DISPARITIES (NIMHD)
Mental Health.--To address the multiple causes of suicide,
the agreement urges NIMHD to develop a behavioral health
approach focusing on at-risk populations and building the
mental health workforce at the community level. The proposed
model should improve mental health care access to underserved
populations, including those in rural areas, while
simultaneously providing training to potential rural behavioral
health providers.
Neuroscience Research in African-Americans.--The agreement
urges the NIH Neurobiobank to work with NIMHD and relevant
extramural partners to develop the infrastructure needed to
accelerate the discovery of novel therapeutic targets for
neuropsychiatric disorders utilizing post-mortem brain datasets
from underrepresented ethnic minority groups, including
African-Americans.
Research Centers in Minority Institutions.--The agreement
includes $75,000,000 for the Research Centers in Minority
Institutions (RCMI) program to support critical infrastructure
development and scientific discovery in historically minority
graduate and health professional schools. The agreement also
recognizes the importance of the RCMI Coordinating Center in
ensuring that collectively, institutions can engage in multi-
site collaborative research.
Research Endowment Program.--The agreement urges NIMHD to
move forward with the recommendations made by the Advisory
Council workgroup to restore endowment eligibility for the
Research Endowment Program (REP) to the original Congressional
intent, which includes both current and former centers of
excellence. NIMHD is requested to report to the Committees on
progress made to implement these recommendations prior to
issuing its next FOA for REP.
JOHN E. FOGARTY INTERNATIONAL CENTER FOR ADVANCED STUDY IN THE HEALTH
SCIENCES (FIC)
Global Infectious Diseases.--The agreement urges FIC to
continue its important work of building relationships with
scientists abroad to foster a stronger, more effective science
workforce and health research capacity on the ground, helping
to detect infectious diseases and building the capacity to
confront those diseases while improving the image of the U.S.
though health diplomacy in their countries.
NATIONAL CENTER FOR ADVANCING TRANSLATIONAL SCIENCES (NCATS)
Clinical and Translational Science Awards.--The agreement
provides $578,141,000 for Clinical and Translational Science
Awards (CTSAs) and encourages NCATS to fund, through the
existing CTSA hubs, programs to address disparities and the
significant burden of diseases and other conditions that
disproportionately affect minority and special populations.
Accelerating this capacity will reduce the burden of disease
and promote health equity. Applying the CTSA model to address
long-standing regional health disparities can provide
innovative, multi-disciplinary approaches to reducing the
burden of disease among vulnerable populations.
Cures Acceleration Network.--The agreement provides up to
$60,000,000 for the Cures Acceleration Network.
OFFICE OF THE DIRECTOR (OD)
7q11.23 Duplication Syndrome.--Duplication 7 syndrome is a
rare chromosomal abnormality and those affected by this
chromosomal duplication are likely to experience severe
behavioral and developmental disabilities requiring consistent
medical treatments and therapies. NIH is strongly encouraged to
expand research on rare genetic and chromosomal abnormalities
such as 7q11.23 duplication syndrome.
Adult Cellular Therapies.--The agreement encourages NIH, in
coordination with FDA, to explore the feasibility and utility
of an outcomes database for adult cellular therapies that are
either FDA-approved or are being administered under FDA
Investigational New Drug or Investigational Device Exemption
protocols.
All of Us Precision Medicine Initiative.--The agreement
includes $500,000,000 for the All of Us precision medicine
initiative. Funding provided in the 21st Century Cures Act is
reduced by $37,000,000 in fiscal year 2020. Ensuring sustained,
consistent funding for this study is important. Therefore, the
agreement has chosen to replace this reduction and increase
base funding for the program. The agreement directs NIH to
continue its efforts to recruit and retain participants from
historically underrepresented populations in biomedical
research so that the All of Us scientific resources reflect the
rich diversity of our country.
Further, the agreement encourages NIH to continue to work
with a broad array of children's hospitals and networks to
leverage their expertise and ensure greater diversity in
pediatric recruitment and enrollment.
Amyotrophic Lateral Sclerosis.--The agreement directs the
NIH Director to facilitate further efforts involving, at a
minimum, NINDS and NIA, to study Amyotrophic Lateral Sclerosis
(ALS) disease mechanisms and identify genes to facilitate the
expeditious development of targeted therapies. These trans-NIH
efforts shall bring together research results that will be
available to academic researchers, non-profit organizations,
and industry researchers, and will supplement, not supplant,
existing NIH-supported activities for ALS research. The near-
term research opportunity to find a cure is real for ALS. Any
such breakthroughs will have significant benefits for related
neurological conditions including TBI, Parkinson's, and
Alzheimer's. The agreement directs NIH to report to the
Committees within 180 days of enactment of this Act on progress
in furthering these research areas, specifically on key areas
of focus for fiscal years 2020-2024.
Autism.--The agreement encourages NIH to continue to
aggressively invest in research on autism consistent with the
objectives outlined in the Strategic Plan. The agreement also
encourages NIH to support greater investment in research and
collaborations focused on addressing the gaps outlined in the
Strategic Plan, including studies to understand the
intersection of biology, behavior, and the environment.
Autoimmune Conditions.--Autoimmune diseases are more common
in women than in men, typically manifesting in their
childbearing years. They include conditions such as rheumatoid
arthritis, multiple sclerosis, lupus, celiac disease,
inflammatory bowel disease, and type 1 diabetes and together
affect an estimated five to seven percent of Americans. Many
affected women live with a second autoimmune illness or other
condition. Despite the impact of these diseases and conditions
on a domestic population ranging between 15,000,000-25,000,000,
there is no single office within NIH tasked with coordinating
research across the agency, or examining the complex interplay
among these diseases and conditions. The 2010 NASEM study on
Women's Health Research identified autoimmune conditions as the
``leading cause of morbidity in women, greatly affecting
quality of life.'' Despite their impact, the report found that
``little progress has been made in understanding the conditions
better, in identifying the risk factors, or in developing
diagnostic tools, better treatments, or cures.'' The agreement
includes $1,500,000 for NIH to contract with NASEM to identify
and review NIH's research efforts in this broad area of
predominantly women's health. The review should explore NIH's
research in autoimmune and coexisting disorders, including any
barriers to such research, and the most promising areas for
future research that would benefit the greatest number of
patients. The review should also identify trends among the
population suffering from these conditions, and any significant
barriers to accurate diagnoses. Finally, the NASEM report
should make recommendations for how NIH could improve and
better coordinate research into these diseases and conditions,
including the potential effects of establishing dedicated
research entities within or external to NIH.
Big Data.--Despite launching its STRIDES and Data Commons
initiatives, NIH has little yet to show in the area of working
with data. NIH has struggled to recruit the talent to lead
efforts to build an analysis platform. NIH leadership
recognizes it needs additional focus on how to consolidate and
deliver data to the research community in a more usable and
computationally minable form, but is challenged in how to do
so. Part of the problem appears to be the salary restrictions
of a civil service structure that never contemplated the costs
of recruiting highly sought after elite technology talent. The
Government Accountability Office (GAO) is directed to identify
and assess the options available to NIH for securing the talent
it needs to lead these efforts. GAO should consider how other
agencies meet similar challenges, and whether statutory changes
are necessary. The agreement also directs GAO to review how NIH
funds computational talent in its grant awards and whether its
funding models adequately reflect the cost of these skillsets
to grantees. GAO should assess NIH's guidance for the resource-
sharing plan it requires for the typical grantee, and whether
these plans are sufficient and can be sustained for ongoing
analysis. NIH is urged to engage industry, academic, and other
Federal partners to take advantage of cross-enterprise
artificial intelligence products, research, and tools.
Artificial Intelligence could play a vital role toward
advancing the goals of the strategic plan by organizing,
managing, and making data usable to researchers, institutions,
and the public to drive outcomes. Finally, the agreement
includes $30,000,000 to support the Chief Data Strategist's
work in fiscal year 2020, and expects NIH to provide a spending
plan for these funds within 30 days of enactment of this Act.
Biomedical Research Facilities.--The bill provides
$50,000,000 for grants to public and/or not-for-profit entities
to expand, remodel, renovate, or alter existing research
facilities or construct new research facilities as authorized
under 42 U.S.C. section 283k. The agreement also directs NIH to
allocate no less than 25 percent of funding for this program to
Institutions of Emerging Excellence to ensure geographic and
institutional diversity. Finally, the agreement urges NIH to
consider recommendations made by the NIH Working Group on
Construction of Research Facilities, including making awards
that are large enough to underwrite the cost of a significant
portion of newly constructed or renovated facilities.
Brain Research through Advancing Innovative
Neurotechnologies Initiative.--The agreement provides
$500,000,000 for the BRAIN initiative, finally achieving the
initial BRAIN 2025 report recommendation of $500,000,000 per
year by fiscal year 2019. The agreement provides additional
resources to significantly expand efforts to working with the
BRAIN data. Neuroscience, and biosciences in general, need
additional focus on how to consolidate and deliver data to the
research community in a more usable and computationally minable
form. The agreement expects to receive a report in the fiscal
year 2021 Congressional Justification on the initiative's
achievements in its first five years of operation and its
objectives for the next five years, including NIH's plans to
address the challenge of making large datasets usable.
Clinical Research Professional Competency.--The agreement
encourages NIH to continue considering the training needs of
the clinical research workforce when determining best practices
in conducting clinical trials.
Clinical Trials Policy.--The agreement supports NIH's
recent announcement to delay the implementation of certain
registering and reporting requirements for basic experimental
studies with humans. The agreement urges NIH to continue its
efforts, including working with the basic research community,
to achieve a balanced registration and reporting strategy that
meets the interests of study participants, investigators, and
taxpayers. NIH is directed to report to the Committees no less
than 60 days prior to moving forward with any new proposals for
registering basic experimental studies with humans as clinical
trials.
Ethnic and Racial Diversity in Cancer Development and
Outcomes.--The agreement urges NIH, including NIMHD and NCI, to
continue to support research on the cause, prevention, and
treatment of cancer in populations with diverse cultural,
racial, and ethnic composition. The agreement also encourages
NCI to continue to consider an institution's research efforts
that specifically address the cancer burden, risk factors,
incidence, morbidity, mortality, and inequities in the
geographic area it serves, when considering applications from
cancer centers for NCI designation.
Firearm Injury and Mortality Prevention Research.--The
agreement includes $12,500,000 to conduct research on firearm
injury and mortality prevention. Given violence and suicide
have a number of causes, the agreement recommends the NIH take
a comprehensive approach to studying these underlying causes
and evidence-based methods of prevention of injury, including
crime prevention. All grantees under this section will be
required to fulfill requirements around open data, open code,
pre-registration of research projects, and open access to
research articles consistent with the National Science
Foundation's open science principles. The Director of NIH is to
report to the Committees within 30 days of enactment on
implementation schedules and procedures for grant awards, which
strive to ensure that such awards support ideologically and
politically unbiased research projects.
Foreign Threats to Research.--There remains concern about
foreign threats to the research infrastructure in the U.S. In
particular, the Chinese government has started a program to
recruit NIH-funded researchers to steal intellectual property,
cheat the peer-review system, establish shadow laboratories in
China, and help the Chinese government obtain confidential
information about NIH research grants. As the Federal Bureau of
Investigation, HHS, and NIH continue to investigate the impact
the Thousand Talents and other foreign government programs have
had on the NIH research community, the agreement directs NIH to
notify the Committees quarterly on the progress of the
investigation, as well as institutions, scientists, and
research affected. Further, the agreement directs NIH to
carefully consider the NIH Advisory Committee's
recommendations, including to implement a broad education
campaign about the requirement to disclose foreign sources of
funding and develop enhanced cybersecurity protocols. As
recommended, NIH should use this campaign to help institutions
develop best practices for how to handle these challenges,
including training, communications materials, and how to
improve vetting, education, and security. Further, NIH shall
evaluate the peer-review system and their internal controls
through a lens that takes into account national security
threats. This includes holding those accountable who
inappropriately share information from the peer-review process
or illegally share intellectual property. The agreement notes
the partnership between NIH and HHS' Office of National
Security (ONS) on this issue and ONS's implementation of a
formal NIH CI/Insider Threat program on NIH's behalf. The
agreement believes this work should be expanded in fiscal year
2020 and directs NIH to allocate no less than $5,000,000 for
this work that ONS does on behalf of NIH.
Frontotemporal Degeneration Research.--The agreement
encourages NIH to continue to support a multi-site network of
clinical centers to study genetic and sporadic cases of
frontotemporal degeneration (FTD) and maintain progress toward
biomarker discovery and drug development in clinical trials
using these well-defined FTD cohorts. A key component of this
network will be the development of a data biosphere that
supports wide sharing of robust datasets, generated with
powerful -omic platforms. Data sharing will enable the broader
community of researchers outside of the clinical networks,
particularly early career scientists, to take on the challenges
currently confronting Alzheimer's disease and related dementias
disorders with a wider array of expertise. Research has
revealed that all forms of dementia may have a variety of root
causes and display multiple underlying pathologies. Research on
the related dementias is critical for understanding basic
disease mechanisms that may be common across multiple forms of
dementia and therefore speed the translation of this
information into much-needed therapeutics. While the continued
support of biomedical research offers hope for the future, too
many families and individuals living with dementia cannot find
the help they need today. Therefore, the agreement also urges
NIH to support research on the development of new and improved
dementia care practices and long-term supports and services. By
supporting both types of research, NIH may advance progress
toward future therapies and treatments while also helping
people get the appropriate and effective care and support they
need today.
Harassment Policies.--The NASEM report released last year
found that sexual harassment is rampant in the labs and
institutions supported by NIH. The Committees believe NIH must
play a more active role in changing the culture that has long
perpetuated the problem. The Committees direct NIH to require
institutions to notify the agency when key personnel named on
an NIH grant award are removed because of sexual harassment
concerns and to submit to the Committees plans to implement
measures that attend to harassment in extramural settings with
the same level of attention and resources as those devoted to
other research misconduct. The Committees also direct NIH to
support research in the areas identified in the report,
including the psychology underlying harassment and the
experiences and outcomes of diverse groups when subjected to
harassment. Additionally, the Committees direct NIH to
collaborate with NASEM to develop best practices for developing
more diverse and inclusive cultures in the grantee research
environments, including training individuals in institutions
that receive NIH funds to recognize and address sexual
harassment, and evaluating the efficacy of various sexual
harassment training programs.
Hepatitis C.--The agreement urges NIH to prioritize
research aimed at supporting hepatitis C elimination.
Human Microbiome Project.--The agreement encourages OD to
continue working collaboratively with NIDDK and other relevant
Institutes and Centers to expand and advance Human Microbiome
Project research.
IDeA States Pediatric Clinical Trials Network.--The
agreement commends NIH for establishing the IDeA States
Pediatric Clinical Trials Network (ISPCTN) to provide
medically-underserved and rural populations with access to
state-of-the-art clinical trials, apply findings from relevant
pediatric cohort studies to children in IDeA State locations,
and enhance pediatric research capacity to address unmet
pediatric research needs in underserved areas. The agreement
provides $15,000,000 in additional funding for the
Environmental Influences on Child Health Outcomes Program to
continue the ISPCTN program.
Increasing Diversity in NIH Clinical Trials.--The agreement
recognizes efforts by NIH to reduce health disparities by
addressing significant barriers to clinical trial participation
and directs the agency to ensure eligibility criteria for
clinical trials funded by NIH do not create unintentional
barriers to participation for racial and ethnic minorities as
well as for patients with certain health conditions. The
agreement directs NIH to revise existing protocol templates and
guidelines for clinical trials that receive funding by the
agency to include eligibility criteria that avoids
inappropriate exclusions of racial and ethnic minorities by
taking steps to account for variations in health status across
racial and ethnic minority groups when determining eligibility
criteria as well as ensuring exclusions based on health status
are scientifically justified and appropriate.
Induced Pluripotent Stem Cells.--The agreement directs NIH
to provide funding to support translational research, as well
as promote regional, collaborative consortiums to advance
scientific knowledge in the area of induced pluripotent stem
cells basic research. The agreement further instructs NIH to
conduct an assessment of agency efforts to: (1) address the
existing funding gap between basic science and clinical trial
research; and (2) develop a framework that provides both new
and existing grantees with funded opportunities for
translational research. The agreement expects this information
to be included in the fiscal year 2021 Congressional
Justification.
Intellectual Property.--The agreement encourages the
Director to work with the HHS Assistant Deputy Secretary for
National Security to improve the security of intellectual
property derived from NIH-funded research. In particular, NIH
is encouraged to: improve the security of the peer review
system; augment the application process to identify funding
that applicants receive from a foreign government; and assist
the HHS Inspector General and appropriate law enforcement
agencies to identify violations of U.S. law or policy.
Intramural Nonhuman Primate Research.--The agreement
recognizes the use of nonhuman primate research for the
advancement of biomedical research. It also understands that
NIH continues to seek scientific alternatives to reduce and
replace nonhuman primate use in biomedical research. NIH
reviews every project that uses nonhuman primates in research
to ensure both the welfare of the animal and that there are no
scientific alternatives that could replace an animal model. The
agreement requests a report to the Committees no later than one
year after enactment of this Act that includes a discussion of
nonhuman primate use and efforts to reduce such research use
specifically, an assessment of research alternatives, including
benefits and limitations of such alternatives, cost estimates,
and areas of further need for innovative alternatives. In the
fiscal year 2021 Congressional Justification, the agreement
requests NIH include a discussion of research alternatives in
use and those in development.
Mucopolysaccharide Diseases.--The agreement encourages
expanded research of treatments for neurological, chronic
inflammation, cardiovascular, and skeletal manifestations of
mucopolysaccharide (MPS) and ML diseases, with an emphasis on
gene therapy. The agreement also encourages NIH to increase
funding to grantees to incentivize MPS research, particularly
given the age and small population of current researchers.
Understanding the manifestations and treatments of both the
skeletal and neurological disease continue to be the greatest
areas of unmet need.
Myalgic Encephalomyelitis/Chronic Fatigue Syndrome.--The
agreement commends NIH on its new Myalgic Encephalomyelitis/
Chronic Fatigue Syndrome (ME/CFS) efforts, including its 2019
conference on accelerating research into ME/CFS, the formation
of the National Advisory Neurological Disorders and Stroke
(NANDSC) Council Working Group, and the unanimous adoption of
the working group's report and recommendations on September 4,
2019. The agreement strongly encourages NIH to implement the
recommendations in the NANDSC report, in particular to
accelerate the identification of ME/CFS subtypes through the
development of an ME/CFS Registry and Biorepository and to
increase the number of ME/CFS research grant applications by
investing in early career investigators as recommended in the
NANDSC report. The agreement also recommends that NIH expand
ME/CFS efforts, for example, by developing: (1) new ME/CFS
disease specific funding announcements, including those with
set-aside funds, to deliver needed diagnostics and treatments
as quickly as possible; (2) an initiative to reach consensus on
the ME/CFS case definition; and (3) mechanisms to incentivize
researchers to enter the field.
National Commission on Lymphatic Diseases.--OD and NHLBI
are applauded for facilitating the 2015 Trans-NIH Lymphatics
Symposium. Lymphatics research has the scientific potential to
treat a variety of severe diseases, including heart disease,
diabetes, rheumatoid arthritis, and cancer. The Director is
encouraged to establish a National Commission on Lymphatic
Diseases or other appropriate mechanism to explore and make
recommendations on the ongoing expansion and coordination of
lymphatic diseases research NIH-wide.
News Briefings.--Until recently, NIH provided the
Committees with a summary of the day's news articles on itself,
health and medical news, global health updates, and other
topics affecting its operations. The agreement directs NIH to
resume providing daily NIH news briefings within 14 days of
enactment of this Act.
Organ Donation and Transplantation.--The agreement includes
$1,500,000 to contract with and fund a NASEM study to examine
and recommend improvements to research, policies, and
activities related to organ donation and transplantation. The
report shall include: (1) identification of current challenges
involved in modeling proposed organ allocation policy changes
and recommendations to improve modeling; (2) recommendations
about how costs should be factored into the modeling of organ
allocation policy changes; (3) a review of scoring systems
(e.g., CPRA, EPTS, KDPI, LAS, MELD, etc.) or other factors that
determine organ allocation and patient prioritization and
recommendations to assure fair and equitable practices are
established, including reducing inequities affecting
socioeconomically disadvantaged patient populations; (4)
recommendations to update the OPTN's policies and processes to
ensure that organ allocation decisions take into account the
viewpoints of expert OPTN committees; and (5) such other issues
as may be identified.
Osteopathic Medical Schools.--The agreement notes concern
about a lack of access to research funding for osteopathic
medical schools through NIH, as osteopathic medicine is one of
the fastest growing healthcare professions in the country, and
realizes its vital role in treating our Nation's rural,
underserved, and socioeconomically challenged populations.
Pediatric Clinical Trials Authorized under Best
Pharmaceuticals for Children Act.--The agreement directs that
no less than $25,000,000 be used toward research in preparation
for clinical trials authorized by the Best Pharmaceuticals for
Children Act.
Platform Technologies.--The agreement directs NIH to
provide a report in the fiscal year 2021 Congressional
Justification that identifies: (1) the challenges that
currently limit NIH's ability to support the development of
platform technologies, and how these might be addressed.
Potential examples include: (a) low levels of engagement with
researchers in the physical sciences, engineering, math, and
computer science; (b) a culture that prioritizes hypothesis-
driven as opposed to technology-driven proposals; (c) the
structure of the NIH, which is organized primarily around
specific diseases or organs of the body; (d) a typical size and
duration of research grants that may not be aligned with the
level of investment required for advances in platform
technologies; and (e) difficulty in supporting high-risk, high-
return ideas; (2) the specific unmet needs for basic, clinical
and translational research that might motivate investment in
transformational platform technologies that could be high-
impact and timely, given recent scientific and technological
advances and unmet medical needs; and (3) changes that NIH and
Congress should consider with respect to its ability to
identify and fund promising research proposals for platform
technologies. Examples include: (a) recruiting NIH personnel
and members of study sections with relevant expertise; (b)
supporting workshops and the development of roadmaps for
platform technologies; (c) increasing funding mechanisms that
are appropriate for platform technologies that are relevant to
multiple NIH Institutes, such as the Common Fund or NIBIB; (d)
increasing NIH's capacity to partner with industry on the
development of platform technologies, such as use of Other
Transactions authorities; (e) experimentation with different
models for funding and managing research, such as the DARPA
model for recruiting and empowering world-class program
managers; (f) use of incentive prizes, milestone payments and
open innovation techniques; and (g) funding non-profit research
institutes that have an increased capacity to manage more
complex research projects that require professional scientists,
engineers, and product managers, not just graduate students and
postdoctoral researchers. The agreement encourages NIH to
engage the research community and industry as it develops its
response to these questions and options.
Precision Medicine and the Pediatric Population.--The
agreement recognizes the potential that precision medicine
holds for all populations, including children, and encourages
NIH to prioritize timely and meaningful enrollment for the
pediatric population, including healthy children and those with
rare disease, in the All of Us program. The agreement requests
an update within 60 days on the timing for the Special
Populations Committee to provide recommendations regarding the
practical considerations of child enrollment and data
collection involving children. Additionally, the agreement
directs that NIH provide an update on plans to ensure that the
research cohort includes a sufficient number of children to
make meaningful studies possible, the target date for
enrollment to commence and how enrollment strategies will
include input from pediatric stakeholders across the country
with experience in pediatric clinical trial enrollment.
Rare Diseases.--There is concern with unknown costs
resulting from undiagnosed and untreated rare diseases. As a
result, the agreement directs GAO to study what is known about
the total impact rare diseases have on the U.S. economy,
including direct medical costs, non-medical costs, loss of
income, and the societal consequence of undiagnosed and
untreated rare disease. No later than two years after the date
of enactment of this Act, GAO shall provide a report on its
findings to the Committees.
Regenerative Medicine.--NIH is encouraged, in collaboration
with FDA and HRSA, to engage experts and stakeholders to define
data types and standards necessary to collect data and measure
outcomes related to regenerative cell therapies and conduct
real-world testing through a pilot outcomes database for
regenerative adult cell therapies, including products
administered under FDA Investigational New Drug or
Investigational Device Exemption protocols.
Spina Bifida.--The agreement encourages NIA, NIDDK, NICHD,
and NINDS to study the causes and care of the neurogenic
bladder and kidney disease to improve the quality of life of
children and adults with Spina Bifida; to support research to
address issues related to the treatment and management of Spina
Bifida and associated secondary conditions, such as
hydrocephalus; and to invest in understanding the myriad co-
morbid conditions experienced by individuals with Spina Bifida,
including those associated with both paralysis and
developmental delay. The agreement supports the specific
efforts of NICHD to understand early human development; set the
foundation for healthy pregnancy, and lifelong wellness of
women and children; and promote the gynecological, andrological
and reproductive health for people with Spina Bifida.
Additionally, NICHD is encouraged to identify sensitive time
periods to optimize health interventions; improve health during
transition from adolescence to adulthood; and ensure safe and
effective therapeutics and devices.
Stimulating Peripheral Activity to Relieve Conditions
Initiative.--The agreement applauds NIH for its cross-cutting
Simulating Peripheral Activity to Relieve Conditions Initiative
and is pleased by the Initiative's attention to research that
aims to address gaps in treatments for patients suffering from
gastrointestinal, genitourinary, cardiac, and other disorders.
NIH is encouraged to work collaboratively across its Institutes
and Centers on innovative ways to expand treatment options for
these often burdensome conditions.
Temporomandibular Disorders.--For the first time, the
nation's leaders in health and medicine are enlisting experts
to review all aspects of TMD, generating recommendations for
research, regulation, and policy. To continue to build on
advances in coordinated research and treatment, the agreement
asks OD, as it continues to work with NASEM on the study, to
explore the creation of a NIH inter-Institute TMD working group
and to report to the Committees within 90 days following the
publication of the final report.
Traumatic Brain Injury.--The agreement directs NIH to
enhance its research efforts on alternative treatment methods
for TBI and post-traumatic stress disorder (PTSD), including
hyperbaric oxygen treatment (HBOT). The agreement encourages
NIH to partner with DoD and VA to research treatment
alternatives such as HBOT for veterans living with PTSD and/or
TBI.
Trisomy 21.--The agreement includes $60,000,000 for support
of the Investigation of Co-Occurring Conditions Across the
Lifespan to Understand Down Syndrome (INCLUDE) Initiative. It
is expected that this multi-year, trans-NIH research initiative
may yield scientific discoveries that could significantly
improve the health and quality of life of individuals with Down
syndrome as well as millions of typical individuals. The
agreement requests the Director provide a plan within 60 days
of enactment of this Act that includes a timeline description
of potential grant opportunities and deadlines for all expected
funding opportunities so that young investigators and new
research institutions may be further encouraged to explore
research in this space. This plan should also incorporate
pipeline research initiatives specific to Down syndrome.
Tuberous Sclerosis Complex.--The agreement encourages the
Director to apply recommendations from two recent NIH-sponsored
workshops on Tuberous Sclerosis Complex (TSC): the
Neurodevelopmental Disorders Biomarkers Workshop held in
December 2017 involving TSC and related neurodevelopmental
disorders to take advantage of biomarker expertise and lessons
learned across disease groups, and the workshop entitled
Accelerating the Development of Therapies for Anti-
Epileptogenesis and Disease Modification held in August 2018
for which TSC is a model disorder with the ability to diagnose
TSC prior to onset of epilepsy.
Urinary Tract Infections.--The agreement commends NIH for
supporting research across the lifespan to better understand
the genitourinary microbiome, the role of inflammation in
bladder health, and the impact of these factors in urinary
tract infections (UTIs). NIH should continue research in the
development of new and novel therapies to treat and prevent
UTIs, including small molecule candidates and other approaches
that can disrupt infection and new antibiotics against
extensively drug-resistant bacterial strains. The agreement
supports the development of preventive therapies and new
treatment strategies.
Inclusion in Clinical Research.--The agreement directs NIH
to fund a NASEM study examining and quantifying the long-term
medical and economic impacts of the inclusion of women and
racial and ethnic minorities in biomedical research and
subsequent translational work, and has provided $1,200,000 to
fund this effort. NIH is directed to report to the Committees
on this issue and it should include a review of the existing
research on the long-term economic benefits of increasing the
participation of women and racial and ethnic minorities in
clinical trials and biomedical research, including an analysis
of fiscal implications of inclusion on the nation's overall
healthcare costs; examine new programs and interventions in
medical centers that are currently working to increase
participation of women of lower socioeconomic status and women
who are members of racial and ethnic minority groups; identify
programs that are positively addressing issues of
underrepresentation; and analyze whether and how those programs
are replicable and scalable; and identify more inclusive
institutional and informational policies and procedures to
improve health outcomes for racial and ethnic minorities,
including health referral forms, continuing education classes,
and more.
BUILDINGS AND FACILITIES
The bill includes $225,000,000 from HHS' Nonrecurring
Expenses Fund for buildings and facilities. The agreement
directs NIH to provide a report with the fiscal year 2021
Congressional Justification describing the steps it has taken
and will take to implement the recommendations in the 2019
NASEM report Managing the NIH Bethesda Campus' Capital Assets
in a Highly Competitive Global Biomedical Research Environment.
There is a particular interest in the actions NIH is taking to
apply the recommendations to update the Buildings and
Facilities prioritization model, develop an annual budget
request for Backlog of Maintenance and Repair, and strengthen
its internal governance process, including assigning and
empowering a senior leader to manage capital planning.
In addition, the agreement directs NIH to provide quarterly
briefings of its Buildings and Facilities maintenance and
construction plans, including specific milestones for advancing
projects, status of the project, cost, and priority. These
updates should also highlight and explain any potential cost
and schedule changes affecting projects.
Substance Abuse and Mental Health Services Administration (SAMHSA)
The agreement encourages SAMHSA to exercise maximum
flexibility when developing funding opportunity announcements
to ensure that all eligible applicants may apply.
MENTAL HEALTH
Certified Community Behavioral Health Clinics.--The
agreement includes increased funding and directs SAMHSA to
prioritize resources to entities within States that are part of
the section 223(a) of the Protecting Access to Medicare Act of
2014 (P.L. 113-93) demonstration and to entities within States
that were awarded planning grants.
Mental Health.--The agreement directs SAMHSA to provide a
comprehensive plan to the Committees no later than 60 days
after enactment of this Act identifying current gaps in mental
health care programs, highlighting how programs can help close
those gaps, and providing recommendations to meet the needs of
those experiencing mental illness.
National Child Traumatic Stress Initiative.--The agreement
intends that $13,000,000 is for a new competitive process to
expand support for universities, hospitals, and community-based
programs, of which at least $4,000,000 is to be prioritized for
mental health services for unaccompanied alien children. The
agreement also provides an additional $2,000,000 for activities
authorized under section 582(d) and (e) of the Public Health
Service Act.
Within the total provided for Mental Health Programs of
Regional and National Significance (PRNS), the agreement
includes the following amounts:
------------------------------------------------------------------------
FY 2020
Budget Activity Agreement
------------------------------------------------------------------------
Capacity:
Seclusion and Restraint............................. $1,147,000
Project AWARE....................................... 102,001,000
Mental Health Awareness Training.................... 22,963,000
Healthy Transitions................................. 28,951,000
Infant and Early Childhood Mental Health............ 7,000,000
Children and Family Programs........................ 7,229,000
Consumer and Family Network Grants.................. 4,954,000
Project LAUNCH...................................... 23,605,000
Mental Health System Transformation................. 3,779,000
Primary and Behavioral Health Care Integration...... 49,877,000
National Strategy for Suicide Prevention............ 18,200,000
Zero Suicide.................................... 16,200,000
American Indian and Alaska Native........... 2,200,000
Suicide Lifeline.................................... 19,000,000
Garrett Lee Smith--Youth Suicide Prevention--States. 35,427,000
Garrett Lee Smith Youth Suicide Prevention--Campus.. 6,488,000
American Indian and Alaskan Native Suicide 2,931,000
Prevention Initiative..............................
Tribal Behavioral Grants............................ 20,000,000
Homelessness Prevention Programs.................... 30,696,000
Minority AIDS....................................... 9,224,000
Criminal and Juvenile Justice Programs.............. 6,269,000
Assisted Outpatient Treatment....................... 19,000,000
Assertive Community Treatment for Individuals with 7,000,000
Serious Mental Illness.............................
Comprehensive Opioid Recovery Centers............... 2,000,000
Science and Service:
Garrett Lee Smith--Suicide Prevention Resource 7,988,000
Center.............................................
Practice Improvement and Training................... 7,828,000
Primary and Behavioral Health Integration Technical 1,991,000
Assistance.........................................
Consumer & Consumer Support Technical Assistance 1,918,000
Centers............................................
Minority Fellowship Program......................... 9,059,000
Disaster Response................................... 1,953,000
Homelessness........................................ 2,296,000
------------------------------------------------------------------------
Comprehensive Opioid Recovery Centers.--The agreement
includes funding to provide grants, as authorized by section
7121 of the SUPPORT Act (P.L. 115-271), to previous recipients
of HRSA Rural Communities Opioid Response Program Planning
Grants that provide comprehensive treatment and recovery
services in rural communities, including Tribal communities.
Criminal Justice Activities.--The agreement prioritizes
funding for centers that provide assistance to those with
severe mental health needs who are at risk of recidivism. The
agreement encourages SAMHSA to prioritize applications from
areas with high rates of uninsured individuals, poverty, and
substance use disorders.
Infant and Early Childhood Mental Health.--The agreement
includes an increase to fund additional grants. The agreement
continues to recommend providing grants to entities such as
State agencies, Tribal communities, and university or medical
centers.
Mental Health Awareness Training.--SAMHSA is directed to
include as eligible grantees local law enforcement agencies,
fire departments, and emergency medical units with a special
emphasis on training for crisis de-escalation techniques.
SAMHSA is also encouraged to allow training for veterans and
armed services personnel and their family members within the
Mental Health First Aid program.
Project AWARE.--The agreement includes an increase and
encourages SAMHSA to expand the identification of children and
youth in need of mental health services, increase access to
mental health treatment, promote mental health literacy among
teachers and school personnel, and provide mental health
services in schools and for school aged youth. Of the amount
provided, the agreement directs $10,000,000 for discretionary
grants to support efforts in high-crime, high-poverty areas
and, in particular, communities that are seeking to address
relevant impacts and root causes of civil unrest, community
violence, and collective trauma. These grants should maintain
the same focus as fiscal year 2019 grants. The agreement
requests a report on progress of grantees 180 days after
enactment of this Act.
Suicide Prevention.--The agreement includes increased
funding to expand and enhance access to suicide prevention
resources of the Suicide Lifeline, the Zero Suicide program,
and Garrett Lee Smith Suicide Prevention Resource Center.
SUBSTANCE ABUSE TREATMENT
State Opioid Response Grants.--The agreement includes bill
language to make addressing stimulant abuse an allowable use of
funds while maintaining the existing formula. The agreement
directs SAMHSA to ensure funds reach communities and counties
with the greatest unmet need. Additionally, the agreement urges
the Assistant Secretary to ensure the formula avoids a
significant cliff between States with similar mortality rates.
SAMHSA is also directed to provide State agencies with
technical assistance concerning how to enhance outreach and
direct support to providers and underserved communities.
Consistent with the objective of Comprehensive Opioid Recovery
Centers, the agreement encourages long-term care and support
services that dramatically improve outcomes and contribute to
best practices. The agreement notes concern that the report
requested under this heading in fiscal year 2018 has not been
transmitted to the Committees. In addition, the agreement urges
transmittal of SAMHSA's evaluation of the program to the
Committees by April 2020. SAMHSA is directed to make such
report and evaluation available on SAMHSA's website.
Within the total provided for Substance Abuse Treatment
Programs of Regional and National Significance, the agreement
includes the following amounts:
------------------------------------------------------------------------
FY 2020
Budget Activity Agreement
------------------------------------------------------------------------
Capacity:
Opioid Treatment Programs/Regulatory Activities..... $8,724,000
Screening, Brief Intervention, Referral, and 30,000,000
Treatment..........................................
PHS Evaluation Funds............................ 2,000,000
Targeted Capacity Expansion--General................ 100,192,000
Medication-Assisted Treatment for Prescription 89,000,000
Drug and Opioid Addiction......................
Grants to Prevent Prescription Drug/Opioid Overdose. 12,000,000
First Responder Training............................ 41,000,000
Rural Focus..................................... 23,000,000
Pregnant and Postpartum Women....................... 31,931,000
Recovery Community Services Program................. 2,434,000
Children and Families............................... 29,605,000
Treatment Systems for Homeless...................... 36,386,000
Minority AIDS....................................... 65,570,000
Criminal Justice Activities......................... 89,000,000
Drug Courts..................................... 70,000,000
Improving Access to Overdose Treatment.............. 1,000,000
Building Communities of Recovery.................... 8,000,000
Peer Support Technical Assistance Center............ 1,000,000
Emergency Department Alternatives to Opioids........ 5,000,000
Treatment, Recovery, and Workforce Support.......... 4,000,000
Science and Service:
Addiction Technology Transfer Centers............... 9,046,000
Minority Fellowship Program......................... 4,789,000
------------------------------------------------------------------------
Adolescent Substance Use Screening, Brief Intervention, and
Referral to Treatment (SBIRT).--The agreement encourages SAMHSA
to use funds for the adoption of SBIRT protocols in primary
care and other appropriate settings that serve youth 12 to 21
years of age as well as on the adoption of system-level
approaches to facilitate the uptake of SBIRT into routine
healthcare visits for adults. Further, the agreement encourages
SAMHSA to consider using existing resources for grants to
pediatric healthcare providers in accordance with the
specifications outlined in section 9016 of the Sober Truth in
Preventing Underage Drinking Reauthorization (P.L. 114-255).
Building Communities of Recovery.--The agreement provides
an increase for enhanced long-term recovery support principally
governed by people in recovery from substance use disorders.
Such support reflects the community being served and encourages
the role of recovery coaches. SAMHSA is encouraged to ensure
that grants employing peers comply with the highest standards
within their respective States.
Emergency Department Alternatives to Opioids.--The
agreement includes funding to award new grants to hospitals and
emergency departments as authorized in section 7091 of the
SUPPORT Act (P.L. 115-271).
First Responder Training.--Of the funding provided, the
agreement provides an additional $5,000,000 to make new awards
to rural public and non-profit fire and EMS agencies as
authorized in the Supporting and Improving Rural Emergency
Medical Services Needs (SIREN) Act, included in the Agriculture
Improvement Act of 2018 (P.L. 115-334). The agreement directs
SAMHSA to coordinate with the Federal Office of Rural Health
Policy in HRSA.
Medication-Assisted Treatment for Prescription Drug and
Opioid Addiction.--Within the amount, the agreement includes
$10,000,000 for grants to Indian Tribes, Tribal Organizations,
or consortia.
Neonatal Abstinence Syndrome.--The agreement supports the
continued efforts of expanded implementation of SBIRT and its
possible impact on reducing the costs of neonatal abstinence
syndrome.
Opioid Abuse in Rural Communities.--The agreement
encourages SAMHSA to support initiatives to advance opioid
abuse prevention, treatment, and recovery objectives,
specifically focusing on addressing the needs of individuals
with substance use disorders in rural and medically-underserved
areas, as well as programs that emphasize a comprehensive
community-based approach involving academic institutions,
healthcare providers, and local criminal justice systems.
Peer Support Technical Assistance Center.--The agreement
provides funding for the creation of the Center, as authorized
by section 7152 of the SUPPORT Act (P.L. 115-271).
Pregnant and Postpartum Women.--The agreement encourages
SAMHSA to prioritize States that support best-practice
collaborative models for the treatment and support of pregnant
women with opioid use disorders.
Telehealth Medication-Assisted Treatment (MAT) for Opioid
Treatment.--The agreement notes that some State Opioid Response
grant funding has been used to fund MAT through telehealth and
requests a report in the fiscal year 2021 Congressional
Justification on efficacy and sustainability of this effort.
Treatment Assistance for Localities.--The agreement
recognizes the use of peer recovery specialists and mutual aid
recovery programs that support MAT and encourages SAMHSA to
support these activities as applicable in its current grant
programs.
Treatment, Recovery, and Workforce Support.--The agreement
includes funding to implement section 7081 of the SUPPORT Act
(P.L. 115-271). SAMHSA is directed to, in consultation with the
Secretary of Labor, award competitive grants to entities to
carry out evidence-based programs to support individuals in
substance use disorder treatment and recovery to live
independently and participate in the workforce.
SUBSTANCE ABUSE PREVENTION
Within the total provided for Substance Abuse Prevention
Programs of Regional and National Significance, the agreement
includes the following amounts:
------------------------------------------------------------------------
FY 2020
Budget Activity Agreement
------------------------------------------------------------------------
Capacity:
Strategic Prevention Framework/Partnerships for $119,484,000
Success............................................
Strategic Prevention Framework Rx............... 10,000,000
Federal Drug-Free Workplace......................... 4,894,000
Minority AIDS....................................... 41,205,000
Sober Truth on Preventing Underage Drinking (STOP 9,000,000
Act)...............................................
National Adult-Oriented Media Public Service 1,000,000
Campaign.......................................
Community-based Coalition Enhancement Grants.... 7,000,000
Intergovernmental Coordinating Committee on the 1,000,000
Prevention of Underage Drinking................
Tribal Behavioral Health Grants..................... 20,000,000
Science and Service:
Center for the Application of Prevention 7,493,000
Technologies.......................................
Science and Service Program Coordination............ 4,072,000
Minority Fellowship Program......................... 321,000
------------------------------------------------------------------------
Sober Truth on Preventing Underage Drinking Act (STOP
Act).--The agreement provides an increase for community-based
coalition enhancement grants.
Strategic Prevention Framework-Partnerships for Success
Program.--The agreement encourages the program to support
comprehensive, multi-sector substance use prevention strategies
to stop or delay the age of initiation of each State's top
three substance use issues for 12 to 18 year old youth as
determined by the State's epidemiological data. The agreement
directs SAMHSA to ensure that State alcohol and drug agencies
remain eligible to apply along with community-based
organizations and coalitions.
HEALTH SURVEILLANCE AND PROGRAM SUPPORT
Within the total provided for health surveillance and
program support, the agreement includes the following amounts:
------------------------------------------------------------------------
FY 2020
Budget Activity Agreement
------------------------------------------------------------------------
Health Surveillance..................................... $47,258,000
PHS Evaluation Funds................................ 30,428,000
Program Management...................................... 79,000,000
Performance and Quality Information Systems............. 10,000,000
Drug Abuse Warning Network.............................. 10,000,000
Public Awareness and Support............................ 13,000,000
Behavioral Health Workforce Data........................ 1,000,000
PHS Evaluation Funds................................ 1,000,000
------------------------------------------------------------------------
Interagency Task Force on Trauma-Informed Care.--The
agreement supports the authorized activities of the Interagency
Task Force on Trauma-Informed Care, including the dissemination
of trauma-informed best practices and the promotion of such
models and training strategies through all relevant grant
programs.
Post-Traumatic Stress Disorder in First Responders.--The
agreement encourages SAMHSA to examine post-traumatic stress
disorder among individuals working in the civilian first
responder disciplines to provide information on this effort in
the fiscal year 2021 Congressional Justification.
Agency for Healthcare Research and Quality (AHRQ)
HEALTHCARE RESEARCH AND QUALITY
Antimicrobial Resistance.--The agreement provides no less
than $10,000,000 for combating antibiotic-resistant bacteria.
Diabetes.--AHRQ is encouraged to consider a pilot or
demonstration program to support safety net clinics in
increasing health literacy and preventing diabetes, with the
goal of reducing long-term costs.
Diagnostic Errors.--The agreement includes no less than
$3,000,000 for the Partners Enabling Diagnostic Excellence
research program. Such grants will help establish the incidence
of and understanding of factors contributing to diagnostic
errors and examine the association between diagnostic safety
and quality and outcomes such as patient harms, costs,
expenditures, and utilization.
Kratom.--Little research has been done to date on natural
products that are used by many to treat pain in place of
opioids. These natural plants and substances include kratom and
cannabidiol. The agreement recommends no less than $1,000,000
for this research and directs AHRQ to make center-based grants.
Such research should lead to clinical trials in geographic
regions which are among the hardest hit by the opioid crisis.
Malnutrition.--AHRQ is requested to convene a technical
expert panel charged with creating a malnutrition-related
readmissions quality measure to help prevent malnutrition in
hospitals.
Primary Care Research.--Congress supports primary care
clinical research and dissemination as a core function of AHRQ.
AHRQ has proven to be uniquely positioned to support high-
quality primary care clinical and practice research, especially
in rural and underserved areas, where primary care physicians
are the main providers of care.
State Primary Care Demonstrations.--Congress understands
that a number of States are taking steps to improve the
delivery of primary care. Congress believes that these actions
could provide a model for primary care nationally. The
agreement includes no less than $1,000,000 to support a study
of those States' actions, to be shared with the Committees.
Centers for Medicare & Medicaid Services (CMS)
PROGRAM MANAGEMENT
Air Ambulance Costs.--The agreement requests CMS report to
the Committees no later than one year after enactment of this
Act on any evidence of air ambulance base closures in rural
areas which may have affected patients' access to care, and to
consider relevant factors that have affected air ambulance
transportation costs when setting appropriate air ambulance
payments, and consider whether costs currently align with
payments.
Assistive Technology Act Programs Reutilization Program.--
The agreement encourages CMS to support State Medicaid programs
in partnering with State Assistive Technology Act programs to
develop and implement reutilization programs with a goal of
containing Medicaid costs.
At-risk Youth Medicaid Protection.--The agreement
encourages CMS to consider rulemaking related to section 1001
of the SUPPORT for Patients and Communities Act (P.L. 115-271)
and include an update on these activities in the fiscal year
2021 Congressional Justification.
Certified Community Behavioral Health Clinics.--The
agreement directs CMS to provide available cost information to
the Committees no later than 30 days after enactment of this
Act. CMS should include a preliminary analysis summarizing cost
data, as well as compare actual data to the Congressional
Budget Office estimate.
Claim Payment Coordination.--The agreement requests
information in the fiscal year 2021 Congressional Justification
that provides options to reform the identification of Medicare
beneficiaries enrolled in Medicare Advantage or Part D plans by
third party payers in situations where no-fault or liability
insurance, or workers' compensation is involved.
Colorectal Cancer Screenings.--The agreement encourages CMS
to use its existing authority to increase access to colorectal
cancer screenings by exploring options to reduce out-of-pocket
costs associated with screening colonoscopies when a polyp or
lesion is found and removed.
Computed Tomography (CT) Colonography.--The agreement
encourages CMS to consider existing evidence to determine
whether CMS should cover CT colonography as a Medicare-covered
colorectal cancer screening test under section 1861(pp)(1) of
the Social Security Act.
Data Collection Process for Laboratory Testing.--The
agreement encourages CMS to continue to work with laboratory
stakeholders to further refine and evaluate the data collection
process under section 216 of the Protecting Access to Medicare
Act of 2014 (P.L. 113-93) to ensure that the information
collected accurately reflects the national laboratory market,
including physician office laboratories and hospital outreach
laboratories.
Detecting Cognitive Impairment.--The agreement encourages
CMS to evaluate and update its definition of the ``detection of
any cognitive impairment'' element to the Annual Wellness Visit
with reference to cognitive impairment detection tools
available at NIA's Alzheimer's and Dementia Resources for
Professionals website and to do so within one year of enactment
of this Act.
Direct and Indirect Remuneration Fees.--The agreement
encourages CMS to work with stakeholders, including community
pharmacies and beneficiary groups, to develop standardized
performance metrics that can be adopted to move the Part D
program toward better patient outcomes and quality.
Durable Medical Equipment.--The agreement encourages CMS to
consider whether implementation of the next round of
competitive acquisition program reforms should be fully
completed before adding ventilator equipment, supplies, and
services to the competitive bidding program.
Emergency Triage, Treat, and Transport (ET3) Model.--The
agreement encourages CMS to work with applicants to ensure
interested parties are able to participate in the ET3 payment
model.
Frontier Communities.--The agreement supports an extension
of the Frontier Community Health Integration Project program
beyond its original three years.
Genome and Exome Sequencing.--CMS has yet to provide the
report requested in section 251 of division B of H.R. 6157. CMS
shall submit this required report no later than 30 days after
enactment of this Act.
Graduate Medical Education Program.--In conjunction with
new medical residency programs language included in House
Report 116-62, the agreement encourages CMS to extend the time
described in section 413.79(e) of title 42, Code of Federal
Regulations, for new residency programs before a full-time
equivalent resident cap is applied as authorized in P.L. 105-
33.
Health Insurance Exchange Transparency.--The agreement
continues bill language requiring CMS to continue to provide
cost information for the health insurance exchange, including
all categories described under this heading in the explanatory
statement accompanying division B of P.L. 115-245, as well as
estimated costs for fiscal year 2021.
Hospital-Acquired Pressure Ulcers.--The agreement requests
an update in the fiscal year 2021 Congressional Justification
on reducing pressure ulcer discharges.
Immunization Information Systems.--The agreement encourages
CMS to work with CDC and other relevant stakeholders to
establish greater consistency and interoperability between
electronic health records and State and local immunization
information systems.
Limited Wraparound Coverage.--The agreement strongly urges
CMS to extend the pilot program established by a final
regulation published on March 18, 2015, to allow limited
wraparound benefits, or supplements, to individual health
insurance coverage (or Basic Health Plan coverage). Wraparound
coverage is a specialized offering targeted to help part-time
workers and retirees whose employers or former employers meet
standards of responsibility and have agreed to provide this
supplemental coverage as an option. The agreement directs the
Department to submit a report within 90 days of enactment of
this Act on the status of the program.
Transparency.--The agreement encourages the Center for
Medicare and Medicaid Innovation to engage with stakeholders
and Congress during the project development process and
requests an update on such efforts in the fiscal year 2021
Congressional Justification.
Lymphatic System Failure.--The agreement encourages the
Secretary to promulgate rules for covering prescribed
compression garments as acknowledged by CMS's 2001 decision
memorandum in the treatment of lymphatic system failure.
Medical Claims Databases.--The agreement urges CMS, in
consultation with the Secretaries of Labor and Treasury, to,
once enacted, move swiftly to implement legislation creating a
secure Federal database and support States in collecting data
and claims that will enable analysis of the utilization and
prices of healthcare items and services.
Medicare Coverage of Innovative Drugs and Products.--The
agreement encourages CMS to explore different ways to reimburse
for innovative drugs approved by FDA in a manner that protects
beneficiary access and encourages continued innovation while
preserving the Medicare trust funds.
Medicare Coverage of In-Home Intravenous Immunoglobulin.--
The agreement is aware of a demonstration evaluating bundled
payment covering items and services needed to administer
intravenous immunoglobulin (IVIG) into beneficiaries with
primary immunodeficiency diseases. The agreement is also aware
of ongoing rulemaking pertaining to the permanent Medicare home
infusion services payment for therapies like IVIG. As CMS
continues with rulemaking for the permanent home infusion
therapy benefit, the agreement encourages CMS to articulate
this position in future rulemaking.
Medicare Diabetes Prevention Program.--The agreement
encourages CMS to minimize the regulatory barriers impeding
potential or existing suppliers from delivering the Diabetes
Prevention Program (DPP) to Medicare beneficiaries, and to
allow the full range of CDC-recognized DPP providers to
participate as Medicare DPP suppliers.
Medicare Area Wage Index.--The agreement directs CMS to
provide a report to the Committees on its methodology for
calculating the labor-related share (LRS) percentage used in
the proposed rule entitled ``The Inpatient Prospective Payment
System and the Long-Term Care Hospital Prospective Payment
System for fiscal year 2020''. The report shall fully describe
all methodologies, allocations, and assumptions; and provide a
schedule(s) of the calculation used to derive the LRS percent.
Nonemergency Medical Transportation (NEMT).--The agreement
directs HHS to take no regulatory action on availability of
NEMT service until the study described under the ``Medicaid and
CHIP Payment and Access Commission'' header of this joint
explanatory statement is complete.
Oral Health.--The agreement is concerned that CMS has
implemented policies that prevent consumers from purchasing
stand-alone dental benefits and encourages CMS to permit the
purchase of stand-alone dental plans separate from the purchase
of qualified health plans beginning with the 2020 plan year.
The agreement encourages CMS to report annually on State-level
oral health and dental benefits available to adult populations,
including pregnant women.
Program Integrity.--The agreement notes the Committees have
yet to receive the briefing on program integrity requested in
Senate Report 115-289. The agreement requests the briefing from
CMS's Center for Program Integrity within 60 days of enactment
of this Act.
Recovery Audit Program.--The agreement directs CMS to
conduct an internal review of their Recovery Audit program in
an effort to identify inefficiencies in the current system. CMS
shall include their findings in the annual report to Congress.
Reimbursement Coding for Reducing Opioid Consumption.--The
agreement urges CMS to collaborate with the FDA and consider
approved devices and therapies for unique post-surgery patient
populations for effective pain management. In addition, CMS
should take steps to improve tracking of patient pain scores
and opioid consumption using alternative means for effective
pain management.
Revisions to Office Visit Services.--The agreement notes
that the CMS final 2019 Medicare Physician Fee Schedule rule
outlines significant changes to how evaluation and management
services will be documented and paid for beginning in 2021. The
agreement encourages CMS to ensure that payment changes do not
further exacerbate workforce shortages.
Risk Corridor Program.--CMS is directed to provide a yearly
report to the Committees detailing any changes to the receipt
and transfer of payments.
Robotic Stereotactic Radiosurgery.--The agreement
encourages CMS not to make payment changes to robotic
stereotactic radiosurgery (SRS) and robotic stereotactic body
radiation therapy (SBRT) in the freestanding or hospital
outpatient setting as CMS complies with the Patient Access and
Medicare Protection Act and the Bipartisan Budget Act of 2018.
The agreement encourages CMS to maintain stable payment for
robotic SRS and robotic SBRT performed in Core-Based
Statistical Areas that are not randomly selected to participate
in the alternative payment model.
Rural Healthcare Facilities.--The agreement encourages CMS
to continue working with States and State hospital associations
on alternative payment models for rural medical centers that
support future financial stability and announce potential
models in 2020 with participants who demonstrate clear
community support for engaging these new programmatic
flexibilities.
Telehealth.--To address inconsistency with billing and
coding across Medicaid, the agreement encourages CMS to issue
guidance outlining a recommended, but voluntary, set of billing
codes, modifiers and/or place of service designations for use
in State Medicaid programs.
Therapeutic Foster Care.--The agreement requests an update
in the fiscal year 2021 Congressional Justification on the
study requested in House Report 114-699.
Underperforming Healthcare Facilities.--Within six months
of enactment of this Act, the agreement directs CMS to provide
the Committees a report on the resources the agency requires to
ensure all nominees for the program become full participants,
subject to the special focus facility (SFF) program's enhanced
surveying and progressive enforcement standards. The agreement
further directs CMS to disclose the names of nursing homes that
are eligible for the SFF program, but are not officially part
of SFF, on the Nursing Home Compare website.
Workforce Capacity for Infectious Diseases and the Opioid
Epidemic.--The agreement continues to encourage CMS to
collaborate with SAMHSA, CDC, and HRSA to support education and
training for medical providers on the frontlines of the opioid
epidemic to help expand access to comprehensive, coordinated
care for opioid addiction and related infectious diseases.
Administration for Children and Families (ACF)
LOW INCOME HOME ENERGY ASSISTANCE
The agreement includes a new provision limiting annual
decreases in State allocations, preventing States from
receiving less than 97 percent of what they received the prior
fiscal year.
Within 120 days of enactment of this Act, the agreement
directs ACF to submit to the Committees and make publicly
available a report evaluating the program's formula and
allocations of funding among States, including an assessment of
available data, how the formula currently addresses annual
fluctuations in formula factors, and the percentage of eligible
households served, average assistance amount, and percentage of
home energy costs covered by that amount by State.
REFUGEE AND ENTRANT ASSISTANCE
The agreement notes that appropriate consultation with
Congress is required by statute in advance of the
Administration's determination on the number of refugees to be
admitted during the coming fiscal year. In times of reductions
in refugee arrivals, the agreement encourages HHS, to the
extent practicable, to ensure that resettlement agencies can
maintain their infrastructure and capacity at a level to
continue to serve all refugees and to ensure future arrivals
are adequately served. The agreement strongly encourages the
Office of Refugee Resettlement (ORR) to continue to meet, on no
less than a bi-monthly basis, with outside organizations with
expertise in ORR programs to provide updates and hear the
perspective of these stakeholders.
Transitional and Medical Services.--The agreement strongly
encourages ORR to increase the percentage of eligible arrivals
served by the matching grant program and to provide flexibility
to carry over unexpended funding and slots when justified,
including by providing exemptions to the 31 day enrollment
period.
Refugee Support Services.--Within 30 days of enactment of
this Act, the agreement directs the Department to provide a
list of competitive grants and set-asides within Refugee
Support Services and to include their corresponding funding
levels in fiscal years 2016 through 2020.
Victims of Trafficking.--The agreement includes $19,500,000
for services for foreign national victims and $8,255,000 for
services for U.S. citizens and legal permanent residents. The
agreement includes no less than $3,500,000 for the National
Human Trafficking Hotline and urges extension of the
cooperative agreement from 3 to 5 years to align with other
Federally-funded hotlines.
Unaccompanied Alien Children (UAC)
Children Separated from a Parent or Legal Guardian.--The
agreement includes a public reporting requirement with respect
to children who have been separated from a parent or legal
guardian. In addition, the agreement notes HHS has not yet
complied with the reporting requirements included in Senate
Report 115-289 regarding the demographics of separated children
and expects the Department to begin providing this information.
Facility Oversight.--ORR is expected to maintain strict
oversight of all ORR-funded care provider facilities and to
report and correct violations of Federal, State, or local codes
related to standards of childcare or the wellbeing of children.
Within 60 days of enactment of this Act, ORR is directed to
submit to the Committees a report detailing the number and
nature of violations by facility, and steps taken to address
such infractions.
Indigenous Languages.--ORR is encouraged, to the extent
possible, to provide culturally competent, in person education
and translation services to children in custody.
Length of Care.--The agreement directs ORR to provide a
briefing to the Committees within 120 days of enactment of this
Act on options and plans for children who have been in ORR
custody for extended periods of time. In addition, ORR is
directed to continue to prioritize case management services and
staffing, including Federal Field Specialists, lowering the
ratio of children per case coordinator.
The agreement includes language continuing current law
regarding the operational directives issued to modify sponsor
suitability requirements, which significantly reduced the
length of time children spend in care. The agreement expects
HHS to continue to work on efforts to reduce time in care and
to consider additional policy changes that can be made to
release children to suitable sponsors as safely and
expeditiously as possible. The agreement does not provide
further direction on this issue.
Mental Health Services.--The agreement encourages ORR to
continue collaborating with the National Child Traumatic Stress
Network and notes that no less than $4,000,000 is included in
this agreement through SAMHSA for such efforts. ACF is directed
to keep the Committees informed of additional resources
necessary to support children and families who may need access
to these services. In addition, the agreement directs ORR to
provide a briefing to the Committees within 120 days of
enactment of this Act on HHS' and grantees' coordination of
health and mental health services, including training
requirements for staff providing those services and any
challenges to providing adequate care for children.
New Models of Care Delivery.--ORR is urged to include in
the fiscal year 2021 Congressional Justification information
about any plans being considered for new models of care
delivery, along with a justification for how new models could
best meet the needs of children in ORR care. When exploring the
feasibility of such models, ORR is expected to prioritize
community engagement, the use of pilot projects with short-term
duration to demonstrate proof of concept before making
significant or long-term investments, and a collaborative and
transparent communications strategy with external stakeholders
and Congress.
Office of Inspector General Report Recommendations.--The
agreement requests an update in the fiscal year 2021
Congressional Justification on the status of ORR's
implementation of recommendations made in recent inspector
general reports.
Records Requests.--The agreement expects ORR to maintain
records and respond to records requests consistent with the
requirements of section 552 of title 5, U.S. Code, for
information related to all children in care, regardless of
whether such children are housed in Federal facilities or, to
the extent possible, non-Federal facilities managed by
contractors or other private entities.
Services for Children.--The agreement includes an increase
in funding for legal services, child advocates, and post-
release services to support the expansion of State-licensed
shelters, and to allow for the resumption and expansion of
services to children released from ORR care. Using funds
provided in this agreement, combined with funding from the
Emergency Supplemental Appropriations for Humanitarian
Assistance and Security at the Southern Border Act, 2019 (P.L.
116-26), ORR is directed to continue to expand such services
beyond currently estimated levels, including for children
released in high-release communities.
The agreement strongly encourages ORR to notify legal
service providers at the time new grant awards are made and
prior to opening a shelter, and to provide monthly estimates of
funded capacity by shelter. Additionally, the agreement
strongly encourages ORR to ensure that all UAC shelters provide
space for legal service providers to meet with children.
Within amounts provided for post-release services in this
agreement and combined with funds from P.L 116-26, ORR is
directed to expand post-release services capacity to eliminate
the waitlist of children qualifying for Trafficking Victims
Protection Reauthorization Act-mandated services, and to expand
services to children that case managers identify would benefit
from such services.
Sibling Placement.--The agreement directs ORR to place
siblings in the same facility, or with the same sponsor, to the
extent practicable, and so long as it is appropriate and in the
best interest of the child.
Spend Plan.--The agreement directs ORR to incorporate all
funding provided in this Act into a comprehensive spend plan
that must be submitted to the Committees every 60 days in
accordance with section 410 of the Emergency Supplemental
Appropriations for Humanitarian Assistance and Security at the
Southern Border Act, 2019 (P.L. 116-26).
Sponsorship Suitability Determination Process.--The
Department is directed to ensure all grantees are provided
clear guidance to communicate with potential sponsors regarding
current law regarding the use of personal information collected
as part of the sponsor suitability determination process. The
agreement expects consistent monitoring to ensure program
policies are applied appropriately by all grantees in an effort
to place children with sponsors as safely and expeditiously as
practicable.
State Licensed Shelters.--The agreement directs ORR to
prioritize licensed, community-based residential care
placements (including long-term and transitional foster care
and small group homes) over large-scale institutions and to
notify the Committees prior to all new funding opportunity
announcements, grant or contract awards, or plans to lease or
acquire property. Such notification should include associated
timelines and costs.
Temporary Influx Shelters.--The agreement includes language
continuing current law conditions on the use of temporary
influx shelters, strengthens oversight and monitoring of
facilities, and requires Congressional notifications and
reporting requirements if a shelter is operationalized. The
agreement requests HHS submit a report to the Committees within
90 days of enactment of this Act detailing the barriers to
State-licensing, including any State child welfare laws and
regulations, that could not be met for any influx facility
operational in fiscal year 2019. If an influx shelter is opened
in fiscal year 2020, ORR shall submit a report to the
Committees with the same information within 90 days. In
addition, the agreement notes that the spend plan required
every 60 days must include a detailed cost breakdown of any
facility, regardless of its operational status.
Tender Age Children.--The agreement directs ORR to include
in the fiscal year 2021 Congressional Justification information
on efforts to ensure developmentally appropriate care for
tender age children, including placement options, services and
staff training, as well as an assessment of circumstances under
which very young children are referred to ORR.
CHILDREN AND FAMILIES SERVICES PROGRAMS
Early Head Start Expansion (EHS) and EHS-Child Care
Partnerships.--The agreement modifies bill language to simplify
the administration of EHS Expansion and EHS-Child Care
Partnerships (EHS-CCP) grants, but does not otherwise change
the use of funds provided for such purposes. The agreement
continues to strongly support EHS Expansion and EHS-CCPs, and
accordingly, the agreement includes at least $905,000,000 for
such purposes, an increase of $100,000,000. Since fiscal year
2014, these funds have supported both the expansion of
traditional EHS and the establishment of partnerships between
EHS providers and local child care programs. The agreement
directs ACF to continue to prioritize equally EHS Expansion and
EHS-CCP, as determined by the needs of local communities. The
agreement expects that any funds used for EHS Expansion and
EHS-Child Care-Partnership grants that are re-competed would
continue to be used for such purposes. Finally, the agreement
directs ACF to include in the fiscal year 2021 Congressional
Justification and each Congressional Justification thereafter,
the actual and estimated number of funded slots for each of the
following: Head Start, EHS, and EHS-Child Care Partnerships.
Quality Improvement Funding for Trauma-Informed Care.--The
agreement provides $250,000,000 in quality improvement funding,
including a prioritization on addressing the rise of adverse
childhood experiences attributable to increased prevalence of
substance use, economic hardship, home and community violence,
and other traumatic experiences that can negatively impact
child development and lead to disruptions in classroom
environments. The agreement directs the Administration to allow
flexibility to meet local needs while focusing these funds on
staff training for trauma-informed care and identification of
signs of addiction and hardship; mental health consultation
services to provide expert care and counseling to families and
the Head Start workforce; and additional staffing to Head Start
classes in high-risk substance use communities to maintain
high-quality learning environments while providing
individualized care to children expressing disruptive and
challenging behaviors.
Designation Renewal System.--ACF is encouraged to continue
to consider the unique challenges faced by Head Start grantees
in remote and frontier areas when reviewing such grantees'
compliance with health and dental screening requirements as
part of the designation renewal system.
Preschool Development Grants.--The agreement includes an
increase of $25,000,000 for Preschool Development Grants and
expects these additional funds to be managed in conjunction
with funds appropriated in fiscal year 2019 that will be
awarded in December 2019.
Runaway and Homeless Youth.--The agreement includes
$132,421,000 for Runaway and Homeless Youth programs. Within
120 days of enactment of this Act, ACF is directed to brief the
Committees on the feasibility of coordinating with the
Department of Housing and Urban Development's ongoing study on
the incidence, prevalence, needs, and characteristics of youth
homelessness and housing instability, including geographic
differences and vulnerable populations that have not yet been
studied.
Child Abuse Prevention and Treatment Act Infant Plans of
Safe Care.--The agreement continues $60,000,000 to help States
develop and implement plans of safe care as required by section
106(b)(2)(B)(iii) of the Child Abuse Prevention and Treatment
Act. The agreement directs ACF to enhance its coordination with
States, especially those with high or increasing rates of
neonatal abstinence syndrome, and to brief the Committees on
such effort within 90 days of enactment of this Act.
Child Abuse Discretionary Activities.--The agreement
includes $1,000,000 for an additional year of grant funding for
text- and online chat-based intervention and education services
through the Child Abuse Hotline.
Child Welfare Research, Training and Demonstration.--The
agreement continues the National Survey of Child and Adolescent
Well-Being (NSCAW) and encourages ACF to expand data collection
as part of the current NSCAW cohort to include information
necessary to evaluate the impact of opioid and substance use on
children.
Adoption Opportunities.--The agreement includes an
additional $1,000,000 to continue the National Adoption
Competency Mental Health Training Initiative, and directs ACF
to provide ongoing resources to a national organization with
the capacity and expertise to continuously evaluate and update
the training curriculums, that will provide all States, Tribes
and territories the necessary technical assistance to ensure
that the curriculums are appropriately used by State child
welfare and mental health professionals.
Native American Programs.--The agreement includes
$12,500,000 for Native American language preservation
activities, and not less than $4,500,000 for language immersion
programs authorized by section 803C(b)(7)(A)-(C) of the Native
American Programs Act, as amended by the Esther Martinez Native
American Language Preservation Act of 2006.
Additionally, ACF is encouraged to convene a working group
of Federal early childhood program administrators, tribal early
childhood stakeholders, and tribal leaders to examine
coordination issues that may be impacting early childhood
initiatives in tribal communities.
Community Services Block Grant.--The agreement notes that
community action agencies are well positioned to help address
substance use disorders and provide essential support and
services for individuals and families who experience poverty.
National Domestic Violence Hotline.--The agreement includes
continued support for the StrongHearts Native Helpline.
Program Administration.--The agreement expects ACF to work
with the Committees to develop a quarterly status of balances
report at the level of detail displayed in the table at the end
of this statement.
PROMOTING SAFE AND STABLE FAMILIES
Kinship Navigator Programs.--The agreement includes
$20,000,000 for Kinship Navigator Programs to help build the
evidence base in order for programs to become eligible for
mandatory funding available under the Family First Prevention
and Services Act (FFPSA).
Prevention Services Clearinghouse.--The agreement includes
$2,750,000 for the clearinghouse to increase the capacity to
review research and evaluations of programs intended to provide
enhanced support to children and families and prevent foster
care placements. This in turn will increase the number of such
programs that may be eligible for funding under title IV-E of
the Social Security Act.
Regional Partnership Grants.--The agreement includes
$10,000,000 for Regional Partnership Grants (RPGs) and strongly
encourages ACF to prioritize applicants that will focus on
preparing programs to qualify as evidence-based foster care
prevention services under FFPSA, including family-focused,
residential treatment programs and programs that mitigate the
traumatic impact of parental incarceration.
Administration for Community Living (ACL)
AGING AND DISABILITY SERVICES PROGRAMS
Protection of Vulnerable Older Americans.--The agreement
includes a $1,000,000 increase for expansion of the ombudsman
program to assisted living facilities.
National Family Caregiver Strategy.--The agreement includes
$100,000 for the Family Caregiving Advisory Council.
Aging Network Support Activities.--Within the total, the
agreement provides not less than $5,000,000 for the Holocaust
Survivor's Assistance program.
Alzheimer's Disease Program.--The agreement includes up to
$2,000,000 for the National Alzheimer's Call Center and a
$3,000,000 increase for expanding direct services, including
respite care, for paid and unpaid caregivers.
Elder Rights Support Activities.--Within the total, the
agreement provides $12,000,000 for the Elder Justice and Adult
Protective Services program.
Paralysis Resource Center.--The agreement includes
$9,700,000 for the Paralysis Resource Center (PRC) and directs
ACL to continue support for the National PRC at not less than
$8,700,000.
Developmental Disabilities State Councils.--ACL is
instructed to provide not less than $700,000 for technical
assistance and training for the State Councils on Developmental
Disabilities.
Developmental Disabilities Protection and Advocacy.--Within
90 days of enactment of this Act, ACL is directed to provide a
report to the Committees, for which the agreement provides
sufficient funding, on the extent to which protection and
advocacy grantees currently provide legal, administrative, and
other human rights services to help individuals with
disabilities understand and navigate their respective State's
Medicaid system, including rural and urban States with Medicaid
managed care arrangements.
Intermediate Care Facilities.--The Department is encouraged
to factor the needs and desires of patients, their families,
caregivers, legal representatives, and other stakeholders, as
well as the need to provide proper settings for care, into its
enforcement of the Developmental Disabilities Act.
University Centers for Excellence in Developmental
Disabilities.--The agreement includes $1,000,000 to establish a
pilot program to support partnerships between existing
University Centers for Excellence in Developmental Disabilities
and highly-qualified, non-profit service providers to develop
models that offer individuals with Intellectual and
Developmental Disabilities and their families with community-
based adult transition and daytime services to support
independent living.
National Institute on Disability, Independent Living, and
Rehabilitation Research.--The agreement provides $2,000,000 to
continue projects as established by Senate Report 115-289.
Funding is provided to encourage investment in research by
universities and other eligible entities that seek to develop
technologies that allow for independent living, address the
disabled aging populations, and target rural, frontier, and
tribal communities.
Assistive Technology.--The agreement includes a $1,000,000
increase for formula grant funding through section 4 of the
Assistive Technology Act.
Office of the Secretary
GENERAL DEPARTMENTAL MANAGEMENT
Antibiotic Development.--The agreement encourages HHS to be
closely involved with the update of the National Action Plan
for Combating Antibiotic Resistant Bacteria. HHS shall include
in the fiscal year 2021 Congressional Justification a detailed
update on progress implementing such plan.
Emergency Room Utilization.--HHS is encouraged to submit a
report that analyzes emergency room utilization at the State
and national levels to be provided to the Committees no later
than one year after enactment of this Act. The report should
focus on non-emergency services while in the emergency room
setting.
Evidence-based Grants and Policy.--The agreement requests
an update in the fiscal year 2021 Congressional Justification
on implementation of the Foundations for Evidence-based
Policymaking Act and implementation plans for the coming year.
Guidelines for Hair Testing.--The agreement directs the
Secretary to report to the Committees no later than 30 days
after enactment of this Act on progress establishing these
guidelines.
Health Disparities.--Within 180 days of enactment of this
Act, HHS shall submit to the Committees an update of the Action
Plan to Reduce Racial and Ethnic Health Disparities. The update
should include barriers to full implementation and proposed
remedies. The report should include the extent that HHS
programs collect, report, and analyze health disparities data
based on race, ethnicity, disability, and other characteristics
for the population HHS programs serve. The updated report shall
include specific efforts to improve birth outcomes for African-
American women and children, including how to address implicit
bias in healthcare delivery and the health impacts of trauma
associated with racism.
HIV Initiative.--The agreement fully funds the HIV
Initiative and directs HHS to provide a spend plan to the
Committees no later than 60 days after enactment of this Act,
to include resource allocation by State. The agreement further
directs HHS to submit an initial evaluation of the program to
the Committees no later than one year after enactment of this
Act.
Hospital Acquired Conditions.--The agreement supports an
evaluation of the efforts to reduce Hospital Acquired
Conditions, outlined in House report 116-62, and directs the
Secretary to include the results of the evaluation in the
fiscal year 2021 Congressional Justification.
KidneyX.--The agreement includes $5,000,000 for KidneyX and
directs the Secretary to submit a multi-year plan to the
Committees, outlining possible prize competitions in future
years, no later than 180 days after enactment of this Act.
Lung Cancer in Women.--The agreement encourages the
Secretary, in consultation with DoD and VA, to conduct an
interagency study to evaluate the status of research on women
and lung cancer and make recommendations for additional
research on the disparate impact of lung cancer in women who
have never smoked. The study should make recommendations
regarding increased access to lung cancer preventive services
and strategic public awareness and education campaigns related
to lung cancer.
Maternal Mental Health.--The agreement directs the
Secretary to submit the report requested under this heading in
House Report 116-62 to the Committees no later than 180 days
after enactment of this Act.
National Alzheimer's Disease Plan.--The agreement
encourages the Secretary to prioritize the Advisory Council
work to make recommendations to Congress and to assist in
coordinating the work of Federal agencies involved in
Alzheimer's research, care, and services.
National Vaccine Program Office.--The agreement urges the
Secretary to ensure that National Vaccine Program Office
activities continue without interruption within the Office of
the Assistant Secretary for Health.
Nonrecurring Expenses Fund.--The agreement directs HHS to
continue implementing previously notified projects and
prioritize obligations for the following projects: Indian
Health Services facilities, Cybersecurity, Food and Drug
Administration laboratory renovations, and the CDC National
Institute for Occupational Safety and Health facility.
Obligation Reports.--The agreement directs the Secretary to
submit electronically to the Committees an Excel table
detailing the obligations made in the most recent quarter for
each office and activity funded under this appropriation no
later than 30 days after the end of each quarter.
Pediatric Kidney Disease.--The agreement encourages HHS to
conduct a study of pediatric dialysis costs to ensure that the
data being collected by CMS is accurate and report findings in
the fiscal year 2021 Congressional Justification.
Prescription Drug Disposal.--The agreement supports
expanded public access to in-home methods to deactivate and
dispose of prescription drugs that render the controlled
substance either unavailable or unusable for all practical
purposes.
Regulation Reform.--The agreement directs the Secretary to
include in the fiscal year 2021 Congressional Justification any
plan to repeal guidance documents or any plans to repeal or
revise regulations that the Department believes are
duplicative.
Research on Poverty.--The agreement includes sufficient
funding to continue the existing Poverty Research Center
cooperative agreement and includes an increase of $1,000,000
above the fiscal year 2019 enacted level for the fourth year of
this five-year cooperative agreement to initiate new research
projects, data analysis, and evaluation plans.
Safety in Health Care Facilities.--The agreement remains
concerned about safety in health care facilities and looks
forward to continued conversations on this matter.
Office of Minority Health (OMH)
Hispanic Serving Institutions.--The agreement urges OMH to
enter into cooperative agreements with Hispanic Serving
Institution medical schools in addition to existing agreements
with Historically Black Colleges and Universities medical
schools. OMH shall submit a report on these efforts to the
Committees within 180 days of enactment of this Act.
Lupus Initiative.--The agreement provides an additional
$250,000 for this initiative. The agreement encourages OMH to
continue to develop public-private partnerships, validate
existing action plans, and engage the lupus community in order
to facilitate the use and development of action plans to
increase participation in clinical trials for all minority
populations at highest risk of lupus.
Office on Women's Health (OWH)
The agreement includes $4,100,000 to combat violence
against women through the State partnership initiative, an
increase of $1,000,000 above the fiscal year 2019 enacted
level. This program provides funding to State-level public and
private health programs to partner with domestic and sexual
violence organizations to improve healthcare providers' ability
to help victims of violence and improve prevention programs.
The agreement directs OWH to account for geographical
diversification in decisions on additional awards.
Menstrual Hygiene Products.--The agreement directs OWH to
commission the study described in House report 116-62 in time
to be submitted to Congress no later than 180 days after
enactment of this Act.
MEDICARE HEARINGS AND APPEALS
Appeals Backlog.--The agreement revises existing bill
language to provide flexibility for the Department to address
current backlogs of appeals hearings, as well as retain and
recruit Administrative Law Judges at both agencies.
OFFICE OF THE NATIONAL COORDINATOR FOR HEALTH INFORMATION TECHNOLOGY
(ONC)
Patient Matching.--The general provision limiting funds for
actions related to promulgation or adoption of a standard
providing for the assignment of a unique health identifier does
not prohibit efforts to address the growing problems faced by
health systems with patient matching. The agreement encourages
HHS to continue to provide technical assistance to private-
sector-led initiatives to develop a coordinated national
strategy that will promote patient safety by accurately
identifying patients to their health information. Additionally,
the agreement directs ONC, in coordination with other
appropriate Federal agencies, to provide a report to the
Committees one year after enactment of this Act studying the
current technological and operational methods that improve
identification of patients. The report shall evaluate the
effectiveness of current methods and recommend actions that
increase the likelihood of an accurate match of patients to
their health care data. Such recommendations may or may not
include a standard for a unique patient health identifier. The
report shall include the risks and benefits to privacy and
security of patient information.
PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND
The agreement includes a program level of $2,737,458,000
for the Public Health and Social Services Emergency Fund. This
funding will support a comprehensive program to prepare for and
respond to the health and medical consequences of all public
health emergencies, including bioterrorism, and support the
cybersecurity efforts of HHS.
Infectious Diseases.--The agreement encourages the
Assistant Secretary for Preparedness and Response (ASPR) to
delineate information on emerging infectious diseases, pandemic
influenza, and antimicrobial resistance investments in its
annual five-year budget plan for medical countermeasure
development to clarify how ASPR is considering such naturally
occurring threats in relation to other priority areas.
Medical Innovation for Disaster Response.--The agreement
supports the consideration of a Federally-funded research and
development center, led by an academic medical center, to
improve medical response, training, and innovation,
specifically utilizing health information technology, unmanned
aerial systems, countermeasure delivery, and remote patient
assessment and triage. ASPR shall evaluate the potential for
this mechanism and report findings to the Committees within 180
days of enactment of this Act.
Small Molecule Anti-toxin Drugs.--The agreement urges the
Department to continue the development, clinical testing, and
stockpiling of small molecule anti-toxin drugs.
Hospital Preparedness Program
High Consequence, Emerging, Infectious Disease Threats.--
The agreement provides $11,000,000 to continue the National
Ebola Training and Education Center and the ten regional Ebola
and other special pathogen treatment centers.
Notification Requirements.--The agreement directs ASPR to
notify the Committees 30 days in advance of any announcement of
a modification to the hospital preparedness program (HPP)
formula or funding for new activities or pilot programs. The
agreement notes that funding for HPP is provided for HPP
cooperative agreements and administrative activities that
directly support the mission of the program.
Regional Disaster Health Response System Demonstration
Pilots.--The agreement continues funding for current pilots.
Before program expansion, and no later than 90 days after
enactment of this Act, the agreement directs HHS to provide an
evaluation of the pilot program and a plan for the Regional
Disaster Health Response System that does not duplicate current
services.
Strategic National Stockpile
Public Health Emergency Medical Countermeasures Enterprise
(PHEMCE).--The agreement expects the next annual PHEMCE
multiyear budget to include the full costs of requirements,
including baseline costs, new/anticipated requirements, and
replenishment costs associated to PHEMCE programs.
Strategic National Stockpile.--The agreement includes an
increase and expects that decisions continue to be approved by
PHEMCE which provides an opportunity for CDC and other Federal
partners to maintain a strong and central role in the medical
countermeasures enterprise. The agreement directs ASPR to
submit the report requested in Senate Report 115-289 regarding
maintaining coordination and support for State and local public
health departments within 60 days of enactment of this Act.
Further, ASPR is encouraged to work toward novel stockpiling
concepts, to reduce the overhead required to maintain the
pandemic stockpile, and ensure that a safe, reliable supply of
pandemic countermeasures is available.
General Provisions
Prevention and Public Health Fund.--The agreement includes
the following allocation of amounts from the Prevention and
Public Health Fund.
------------------------------------------------------------------------
FY 2020
Agency Budget Activity Agreement
------------------------------------------------------------------------
ACL............................... Alzheimer's Disease $14,700,000
Program.
ACL............................... Chronic Disease Self- 8,000,000
Management.
ACL............................... Falls Prevention.... 5,000,000
CDC............................... Breast Feeding 9,000,000
Grants (Hospitals
Promoting
Breastfeeding).
CDC............................... Diabetes............ 52,275,000
CDC............................... Epidemiology and 40,000,000
Laboratory Capacity
Grants.
CDC............................... Healthcare 12,000,000
Associated
Infections.
CDC............................... Heart Disease & 57,075,000
Stroke Prevention
Program.
CDC............................... Million Hearts 4,000,000
Program.
CDC............................... Office of Smoking 128,600,000
and Health.
CDC............................... Preventative Health 160,000,000
and Health Services
Block Grants.
CDC............................... Section 317 370,300,000
Immunization Grants.
CDC............................... Lead Poisoning 17,000,000
Prevention.
CDC............................... Early Care 4,000,000
Collaboratives.
SAMHSA............................ Garrett Lee Smith- 12,000,000
Youth Suicide
Prevention.
------------------------------------------------------------------------
The agreement modifies a provision related to salary caps.
The agreement modifies a provision related to contracts
under section 338B of the Public Health Service Act.
The agreement modifies a provision related to a report on
staffing.
The agreement modifies a provision relating to donations
for unaccompanied alien children.
The agreement includes a provision limiting the use of
funds for changes to policy directives related to the
unaccompanied alien children program.
The agreement includes a provision limiting the use of
funds for unlicensed shelters for unaccompanied alien children.
The agreement includes a provision requiring Congressional
notification prior to the use of influx facilities as shelters
for unaccompanied alien children.
The agreement modifies a provision relating to Members of
Congress and oversight of facilities responsible for the care
of unaccompanied alien children.
The agreement includes a provision requiring monthly
reporting of unaccompanied alien children.
The agreement includes a new provision related to primary
and secondary school costs for eligible dependents of CDC
personnel stationed in a U.S. territory.
The agreement includes a new provision for facilities and
infrastructure improvements for the National Institutes of
Health.
The agreement includes a new provision for facilities and
infrastructure improvements for the Centers for Disease Control
and Prevention.
The agreement includes a provision for Infectious Disease
Rapid Response Reserve Fund within CDC.
The agreement includes a provision rescinding unobligated
balances.
TITLE III
DEPARTMENT OF EDUCATION
School Improvement Programs
Homeless Children and Youth.--The Department implemented a
reorganization of offices which in part altered the
administration of the McKinney-Vento program, recently
strengthened in the reauthorization of the Elementary and
Secondary Education Act (ESEA). The Department shall brief the
Committees no later than 60 days after enactment of this Act on
the resources currently being devoted to monitoring compliance
with ESEA accountability and State and local report card
provisions related to homeless children and youth and
supporting State educational agencies (SEA) and local
educational agencies (LEA) in achieving and maintaining
compliance with such provisions; the internal support within
other program offices in the Department being provided to
assist with administration of the Education for Homeless
Children and Youth (EHCY) program; and the resources available
for monitoring compliance with EHCY program requirements at the
SEA and LEA level.
Education for Native Hawaiians.--The agreement includes
sufficient funding for the Native Hawaiian Education Council.
Alaska Native Education Equity.--The Department is directed
to make every effort to ensure that grants are awarded well in
advance of the school year, to maximize grantees' ability to
hire the necessary staff and have their programs in place by
the start of Alaska's school year in mid-August. The Department
is directed to ensure that Alaska Native Tribes, Alaska Native
regional non-profits, and Alaska Native corporations have the
maximum opportunity to compete successfully for grants under
this program by providing these entities multiple opportunities
for technical assistance in developing successful applications
for these funds, both in Alaska and through various forms of
telecommunications. Finally, the Department is encouraged to
include as many peer reviewers as possible who have experience
with Alaska Native education and Alaska generally on each peer
review panel.
Student Support and Academic Enrichment (SSAE) Grants.--The
Department should examine State and local expenditures,
outlined by specific authorized activities, and provide
information about the most common uses of funds, as well as
information about how LEAs plan to evaluate the effectiveness
of their activities. The Department also should study how SEAs
are collecting data from LEAs, including how States are
verifying that funds are being used in an authorized manner
and, as applicable, in accordance with required comprehensive
needs assessments, and that LEAs are meeting the objectives and
outcomes described in their applications. The Department should
publish reports on these studies publicly and is encouraged to
conduct such studies periodically as appropriate. Finally, the
agreement does not provide direction regarding guidance on
allowable uses of funds.
SSAE Technical Assistance and Capacity Building.--The
agreement expects funds reserved for technical assistance and
capacity building to be used strictly to support SEAs and LEAs
in carrying out authorized activities under this program. In
the fiscal year 2021 Congressional Justification, the
Department shall provide current and planned expenditures, and
include a plan for how resources will be spent to build the
capacity of SEAs and LEAs and provide technical assistance. The
plan should include how resources will be spent helping SEAs
and LEAs vet evidence, implement evidence-based interventions,
and incorporate evidence-based SSAE activities into school
improvement strategies.
Indian Education
National Activities.--Within the total, the agreement
includes no less than $2,811,000 for Native American language
immersion programs authorized under section 6133 of ESEA. These
funds should be allocated to all types of eligible entities,
including both new and existing language immersion programs and
schools, to support the most extensive possible geographical
distribution and language diversity. Further, the Department is
directed to give the same consideration to applicants that
propose to provide partial immersion schools and programs as to
full immersion, as the local Tribes, schools, and other
applicants know best what type of program will most effectively
assist their youth to succeed.
Special Programs for Indian Children.--The President's
budget request includes up to $10,000,000 to expand the ability
of families to choose high-quality educational opportunities to
meet the needs of Native youth. The Department shall only
pursue this initiative if supported by Tribes after Tribal
consultation. Accordingly, the Department is directed to
include information on the planned use of funds under the
Special Programs for Indian Children program in the operating
plan required under section 516 of this Act, and to brief the
Committees not less than 30 days prior to posting any notice
inviting applications under this program.
Innovation and Improvement
Education Innovation and Research (EIR).--Within the total
for EIR, the agreement includes $65,000,000 to provide grants
for social and emotional learning (SEL). Within 90 days of
enactment of this Act, the Department is directed to brief the
Committees on plans for carrying out the SEL competition. In
addition, the Department shall provide notice to the Committees
at least seven days before grantees are announced.
In addition, within the total for EIR, the agreement
includes $65,000,000 for Science, Technology, Education, and
Math (STEM) and computer science education activities. This
could also include grants to SEAs, including in partnership
with non-profit organizations, for State-led efforts to
implement, replicate, or expand Statewide professional
development programs. Within the STEM and computer science set-
aside, awards should expand opportunities for underrepresented
students such as minorities, girls, and youth from families
living at or below the poverty line to help reduce the
enrollment and achievement gap. The agreement supports the
Department's prioritization of computer science education in
fiscal year 2019 EIR grant competitions and the Department
should continue this in fiscal year 2020.
Grant Priorities.--There is significant demand from the
field to test many types of strategies and to examine promising
techniques that can be scaled-up in different settings. EIR
should continue to support diverse and field-initiated
interventions. The Department is directed to brief the
Committees on the fiscal year 2020 funding opportunities
available under this program, including any specified
priorities, not less than 30 days prior to releasing a notice
inviting applications.
Rural Set-Aside.--The Department is encouraged to take
steps necessary to ensure the set-aside is met and that EIR
funds are awarded to diverse geographic areas.
Charter Schools Program.--The agreement includes
$140,000,000 for replicating and expanding high-quality charter
school models; $225,000,000 for grants to State entities to
support high-quality charter schools; and $60,000,000 for
facilities financing assistance, of which not less than
$50,000,000 shall be for the Credit Enhancement program. In
addition, the agreement continues support for developer grants
to establish or expand charter schools in underserved, high-
poverty, rural areas, as referenced in the joint explanatory
statement accompanying P.L. 115-245.
Arts in Education.--The agreement provides funding for each
activity within this program at no less than the fiscal year
2019 level.
Ready to Learn.--In addition to language in House Report
116-62, the Department should refrain from making changes to
the Ready to Learn program that would impede or impair
production and nationwide distribution of television content,
digital content, and supplemental materials through local
public telecommunications entities.
Supporting Effective Educator Development (SEED).--Within
SEED, the Department is directed to support professional
development that helps educators incorporate SEL practices into
teaching, and to support pathways into teaching that provide a
strong foundation in child development and learning, including
skills for implementing SEL strategies in the classroom. Within
90 days of enactment of this Act, the Department is directed to
brief the Committees on plans for supporting SEL within SEED.
In addition, the Department shall provide notice to the
Committees at least seven days before grantees are announced.
In addition, the SEED program is an ideal vehicle for
helping ensure that more highly trained school leaders are
available to serve in traditionally underserved LEAs.
Therefore, the Secretary shall use a portion of funds made
available for SEED to support the preparation of principals and
other school leaders.
Finally, students in rural public schools and public
schools serving high percentages of Native students have
particularly inequitable access to accomplished teachers. The
Department should strongly consider establishing a priority for
SEED projects addressing this issue and to increase the number
of teachers in such schools who have earned a nationally
recognized advanced credential.
Safe Schools and Citizenship Education
Promise Neighborhoods.--The agreement includes $6,000,000
for additional extension awards for grantees that received
extension grants in fiscal year 2018 and have demonstrated
positive and promising results. This funding is intended to
support the final phase-out of Federal support.
School Safety National Activities.--For fiscal year 2020,
$10,000,000 is provided for awards to SEAs, LEAs, or consortia
of LEAs to increase the number of qualified, well-trained
counselors, social workers, psychologists, or other mental
health professionals that provide school-based mental health
services to students. To promote the sustainability of these
services, the Secretary shall require that awards include a 25
percent match from grantees and require that the awards do not
supplant existing mental health funding. Within 90 days of
enactment of this Act, the Department is directed to brief the
Committees on plans for carrying out the competition. In
addition, the Department shall provide notice to the Committees
at least seven days before grantees are announced.
The Department is also directed to continue a demonstration
project initiated in fiscal year 2019 to test and evaluate
innovative partnerships to train school-based mental health
professionals.
Demonstration projects and competitions to train and
increase the number of school-based mental health professionals
support the implementation of trauma-informed practices and
other mental health supports in schools. Fostering trauma-
informed cultures in schools helps both students and staff
succeed by addressing the impacts of trauma; improves school
capacity to identify, refer, and provide services to students;
can improve staff retention and help keep students in school;
and support learning environments where students feel safe,
supported, and ready to learn.
Opioid Substance Use Disorder and Prevention.--The
Department has implemented a priority in grant competitions for
projects addressing opioid substance use disorder and
prevention. More must be done to prevent opioid substance use
disorder by students and address the mental health needs of
students affected by opioid substance use disorder in their
families or communities.
Project SERV.--The Department should ensure that funding
made available for Project SERV grants is promptly awarded to
eligible entities located in areas with high rates of community
violence to restore any learning environment that was disrupted
by a violent or traumatic crisis.
School Safety and Climate.--The Department is encouraged to
partner with outside experts and other Federal agencies as
appropriate to develop best-practices to improve school safety
and school climate.
State and Federal Coordination on School Safety and
Climate.--Many States have researched and in some cases
provided reports on the local needs and solutions to maintain
safe and welcoming school climates. The Department is
encouraged to review such reports and support SEAs, as
authorized in ESEA.
School Safety Clearinghouse and Mental Health Services for
Students.--The Department is directed to brief the Committees
within 90 days of enactment of this Act on: (1) the progress
made by the Department in identifying, assessing, and
disseminating evidence-based approaches to maintaining safe
schools and positive learning environments for all students,
including establishing a clearinghouse for such approaches; and
(2) improving and expanding access to mental health services
for students.
English Language Acquisition
The Department is encouraged to help SEAs and LEAs make the
best use of funding within this program and other Department
programs to support English learners.
Special Education
Education Materials in Accessible Formats for Students with
Visual Impairments.--The agreement provides an increase of
$500,000 and recognizes the ongoing progress made with the
tools and services provided under Educational Technology,
Media, and Materials that have allowed more than 620,000
students with disabilities free access to more than 700,000
books in digitally accessible formats. The Department is
encouraged to continue to expand this program's reach to K-12
students in underserved areas.
Promoting Development of Social Skills for Students with
Disabilities.--Within the total for Educational Technology,
Media, and Materials, the agreement includes $1,000,000 for a
demonstration project to facilitate the development of new
educational strategies and programming for students with
disabilities who could benefit from social skills instruction.
This should include utilizing new technologies and evidence-
based curriculums in instructional settings, including advanced
social robotics that integrate evidence-based practices to
improve social skills and generate positive educational
outcomes in students with disabilities.
Medicaid Services.--Opportunities exist to streamline
access to and improve the quality of special education
services, and steps should be taken to reduce administrative
barriers for providing health services in and in coordination
with schools. The Office of Special Education and
Rehabilitative Services should coordinate with the Centers for
Medicare & Medicaid Services to develop training and provide
technical assistance to assist with billing and payment
administration for Medicaid services in schools.
Special Olympics.--Within the total for Technical
Assistance and Dissemination, the agreement includes
$20,083,000, an increase of $2,500,000 above the fiscal year
2019 funding level, to support activities authorized by the
Special Olympics Sport and Empowerment Act, including Project
UNIFY.
Rehabilitation Services
Vocational Rehabilitation State Grants.--The agreement
directs the Secretary to submit a report within 90 days of
enactment of this Act to the Committees evaluating any changes
in trends in employment outcomes for individuals with
disabilities served by State vocational rehabilitation programs
before and after the implementation of the WIOA. The agreement
directs the Secretary to ensure appropriate State level
implementation of the Rehabilitation Act, which may include the
Department providing technical assistance as necessary.
Special Institutions for Persons with Disabilities
American Printing House for the Blind.--The agreement
includes $2,000,000, an increase of $1,000,000, to continue and
expand the Center for Assistive Technology Training regional
partnership established in fiscal year 2019.
National Technical Institute for the Deaf.--The agreement
includes $5,500,000 to continue the National Technical
Institute for the Deaf's (NTID) existing regional partnership
in fiscal year 2020, intended to expand NTID's geographical
reach and improve access to postsecondary STEM education and
employment for students who are deaf or hard of hearing in
underserved areas.
Gallaudet University.--The agreement includes $3,000,000,
an increase of $1,000,000, to continue the regional partnership
established in fiscal year 2019 focused on early language
acquisition for children from birth through age three who are
deaf or hard of hearing.
Career, Technical, and Adult Education
The Department is encouraged to establish the on-line
portal for career and technical education students described in
section 114(e)(7)(K) of the Carl D. Perkins Career and
Technical Education Act.
The Department is encouraged to work with the Departments
of Defense, Labor, and Commerce to develop a pilot project to
increase the quality of and participation in career and
technical education programs that would help develop the
skilled workforce needed for new submarine construction.
Student Financial Assistance
Pell Grants.--The agreement increases the maximum award by
$150, to $6,345 in academic year 2020-2021.
Federal Work Study.--Within the total for Federal Work
Study, the agreement includes $10,051,000, for the Work
Colleges program authorized under section 448 of the Higher
Education Act (HEA).
Federal Direct Student Loan Program Account
The Department shall brief the Committees of jurisdiction
within 45 days of enactment of this Act on actions planned or
taken: (1) to address and implement recommendations outlined in
a GAO report titled ``Public Service Loan Forgiveness:
Improving the Temporary Expanded Process Could Help Reduce
Borrower Confusion'' (GAO-19-595); (2) to simplify the
Temporary Expanded Public Service Loan Forgiveness (TEPSLF)
application process so borrowers can apply for TEPSLF at the
same time as they apply for Public Service Loan Forgiveness
(PSLF); (3) to provide more information to borrowers denied
TEPSLF on the reason for the denial; (4) to conduct outreach to
borrowers who may be eligible for TEPSLF; and (5) to improve
administration of the PSLF program, including by implementing
GAO's recommendations for that program.
Student Aid Administration
Ability to Benefit.--The Department shall issue guidance
that serves as a simple and clear resource for implementing
Ability to Benefit at IHEs, which should restate the updated
definition of a career pathway program and contain answers to
frequently asked questions about program eligibility.
Student Loan Servicing.-- The agreement includes
$1,768,943,000 for Student Aid Administration. The Department
has stated that the implementation of the Next Generation
Servicing Environment (Next Gen) will address problems with the
current student loan servicing environment and improve
accountability and services for students, borrowers and
families. However, full implementation of Next Gen will take
several years. In the interim, the Department should continue
to take steps to improve the current servicing environment.
In addition to continuing statutory requirements from
fiscal year 2019, the agreement includes new provisions
directing the Department to hold servicers accountable for
high-quality outcomes, noncompliance with Federal Student Aid
(FSA) guidelines, contract requirements (e.g., an understanding
of Federal and State law), and applicable laws, including
misinformation provided to borrowers. In addition to provisions
ensuring accountability and high-quality service from student
loan servicers, the agreement also includes a new provision
ensuring similar expectations, as applicable, for all of FSA's
contractors. As part of this effort, it is expected that FSA
will monitor performance and service delivery at the point of
contact between contractors and borrowers, as applicable, to
ensure such accountability and high-quality service.
The Department should ensure, consistent with current
statutory requirements, that the transition to Next Gen,
including the Enhanced Processing Solution, does not rely on a
single-servicer model. In addition to the directives in House
Report 116-62, the agreement directs FSA to provide a detailed
strategic plan for Next Gen to the Committees within 180 days
of enactment of this Act, accounting for the cost of all
activities associated with the full implementation of Next Gen,
including transition costs, and to conduct semiannual briefings
to the authorizing and Appropriations Committees.
The agreement directs the Department to continue to provide
to the Committees quarterly reports detailing its obligation
plan by quarter for student aid administrative activities
broken out by servicer, Next Gen contractor and activity and
detailing performance metrics, total loan volume and number of
accounts, broken out by servicer, Next Gen contractor and for
each private collection agency.
Free Application for Federal Student Aid (FAFSA)
Simplification and Data Linkages.--The agreement supports
efforts to further simplify the FAFSA and verification process
to reduce the burden on students and IHEs, including swift
implementation of recent legislative changes to the sharing of
information between the Department and Internal Revenue Service
and ensuring all service members and veterans can identify
their status when they apply for student aid separate from the
dependency determination.
Return of Title IV Funds.--The Department is encouraged to
pursue efforts to simplify and streamline the return of title
IV funds process for IHEs and students.
Student Aid Enforcement.--The Department shall include
information in its fiscal year 2021 Congressional Justification
on staffing levels of the Student Aid Enforcement Unit and
actions taken by the unit, including the number and type of
actions opened, pending, and closed annually.
Student Loan Cancellations and Discharges Reporting.--The
Department should continue to bolster transparency through the
Federal Student Aid Data Center by supplementing current
reporting with, at a minimum, semiannual reports beginning no
later than 90 days after enactment of this Act, on each of the
Federal student loan cancellation and discharge programs. Each
report should include the total number of unique borrowers who
have applied for a program or have been identified under an
applicable data match (``borrowers''), unique borrowers in each
applicable status (received, pending, approved, and denied),
total loan balance in each applicable status (received,
pending, approved, and denied), median amount discharged for
each program, and percentage of unique borrowers subject to any
partial discharge. The Department should publish disaggregated
information by State, as possible, and make such information
available publicly on the Department's website.
Total and Permanent Disability.--The agreement directs the
Department to provide a report to the Committees within 180
days of enactment of this Act on steps taken or planned to be
taken to improve information provided to students who are
eligible for total and permanent disability discharge of
Federal student loans or service obligations, including
strategies used to improve outreach to all eligible borrowers
and increase the number of qualifying individuals receiving
discharges.
Veterans Affairs Data Matching.--The Secretary shall
provide a report not later than 90 days after enactment of this
Act to the Committees on the implementation of the data
matching system with the Department of Veterans Affairs to
facilitate the discharge of student loans for veterans with
total and permanent disabilities. Such report should include
information about the number of veterans identified through the
matching program, the number of loans automatically discharged
as the result of the matching program, the number of loans
discharged overall, and a description of the barriers for
veterans who may be eligible for a student loan discharge for
total and permanent disability but who have not received one,
and planned actions for eliminating such barriers for veterans.
Higher Education
Aid for Institutional Development
Strengthening Institutions.--The Department is encouraged
to support programs at Institutions of Higher Education (IHE)
that offer training programs that lead to certificates or
industry-recognized credentials in high-demand fields; provide
educational experiences that are closely aligned to actual
workforce needs; provide customizable and quality educational
opportunities; and connect students to comprehensive
educational offerings that provide students with other
essential skills.
Postsecondary Programs for Students with Intellectual Disabilities
The agreement includes $11,800,000 to carry out activities
under title VII, part D, subparts 2 and 4 of the HEA. Funds
will be used by the Department to hold a new competition to
build on the important work that has been done to develop
postsecondary opportunities for students with intellectual
disabilities through model projects and the National
Coordinating Center (NCC), and to expand the work of the NCC to
conduct research to identify effective strategies used by
postsecondary programs for students with intellectual
disabilities that lead to positive employment and independent
living outcomes.
Federal TRIO Programs
The Department is directed to allocate any grant funding
not needed for non-competitive continuation awards or for
programs up for re-competition in fiscal year 2020 to provide
inflationary increases for current grantees and to increase the
number and size of new awards in the Student Support Services
grant competition. The Department is further directed to
include proposed funding levels for each of the TRIO programs
in the operating plan required under section 516 of this Act.
There is great concern and disappointment that the Department
has yet to issue a notice inviting applications for new awards
for TRIO Student Support Services grants. The Department is
directed to publish such notice inviting applications for new
awards for TRIO Student Support Services grants no later than
December 30, 2019 and take steps necessary to award funding as
early as possible before the beginning of the academic year.
Gaining Early Awareness and Readiness for Undergraduate Programs (GEAR
UP)
The agreement notes concerns over the competition schedule
for GEAR UP State and partnership grants. The agreement directs
the Department to uphold the long-standing guidance that States
may only administer one active State grant at a time. The
Secretary is directed to provide written guidance in the
Federal Register notifying applicants that only States without
an active State grant, or States that have an active State
grant that is scheduled to end prior to October 1, 2020, will
be eligible to receive a new State award funded in whole or in
part by this appropriation. The agreement directs the
Department to provide a briefing to the Committees within 90
days of enactment of this Act on this program and any planned
competitions for fiscal year 2020.
Fund for the Improvement of Postsecondary Education
The agreement includes $24,500,000 for FIPSE, to remain
available through December 31, 2020, for the following
activities.
Career Pathways.--The agreement includes $10,000,000 for
grants to expand and improve career pathways opportunities for
students beginning in high school. These grants should support
the creation of sustainable, evidence-based career exploration
and guidance systems that promote multiple pathways to
postsecondary and career success.
Centers of Excellence for Veterans Student Success
Program.--The agreement includes $7,000,000 for the activity
described under the heading ``Fund for the Improvement of
Postsecondary Education'' and as set out in the paragraphs
associated with the Centers of Excellence for Veterans Student
Success Program in House Report 116-62.
Open Textbook Pilot.--The agreement includes $7,000,000 to
continue the Open Textbook Pilot and fund a new grant
competition in fiscal year 2020. The Department shall issue a
notice inviting applications consistent with notice and comment
procedures and allow for a 60-day application period. This
funding should support a significant number of grant awards to
IHEs as defined by 20 U.S.C. 1001, a group of IHEs, or State
higher education agencies that lead the activities of (and
serve as fiscal agent for) a consortium. Funding should be used
to create new open textbooks and expand the use of open
textbooks in courses that are part of a degree granting
program, and particularly those with high enrollments.
Allowable uses of funds should include professional development
for faculty and staff, including relating to the search for and
review of open textbooks; the creation or adaptation of open
textbooks; development or improvement of tools and
informational resources that support the use of open textbooks,
including accessible instructional materials for students with
disabilities; and research evaluating the efficacy of the use
of open textbooks for achieving savings for students and the
impact on instruction and student learning outcomes. The
Secretary shall require that any open textbooks created with
these funds shall be released to the public under a non-
exclusive, royalty-free, perpetual, and irrevocable license to
exercise any of the rights under copyright conditioned only on
the requirement that attribution be given as directed by the
copyright owner. Further, any tools, technologies, or other
resources that are created, developed, or improved wholly or in
part with these funds for use with any open textbook must be
similarly licensed. Any eligible entity receiving a grant
through the Open Textbooks Pilot, upon completion of the
supported project, shall report to the Secretary regarding the
effectiveness of the project in expanding the use of open
textbooks and in achieving savings for students; the impact of
the project on expanding the use of open textbooks at IHEs
outside of the institution receiving the grant; open textbooks
created or adapted under the grant, including instructions on
where the public can access each open textbook; the impact of
the project on instruction and student learning outcomes; and
all project costs, including the value of any volunteer labor
and institutional capital used for the project. The Secretary
shall make such reports publicly available.
National Center for Information and Technical Support for
Postsecondary Students with Disabilities.--The agreement
includes $500,000 for the operation of the National Center for
Information and Technical Support for Postsecondary Students
with Disabilities authorized under section 777(a) of the HEA.
Historically Black College and University
Capital Financing Program Account
The agreement includes $46,484,000 for the Historically
Black College and University (HBCU) Capital Financing program
account. Using updated economic assumptions from the Department
of Education, the funding provided for private loan deferments
more accurately reflects those needs and continues all current
loan deferments. The agreement includes additional funding and
new bill language for the deferment of outstanding loans for
public HBCUs. Further, the agreement directs the Department to
provide such funding based on the quality of applications
received and to prorate funds across all eligible schools.
Institute of Education Sciences (IES)
Assessment.--The agreement supports assessments for
students in United States History and Civics. The National
Assessment Governing Board (NAGB) is directed to continue
administering assessments in these two areas, at least every 4
years, in accordance with the current National Assessment of
Educational Progress (NAEP) schedule. The agreement notes
concern with recent changes to the proposed NAEP schedule, some
of which differ from the schedule outlined in the fiscal year
2020 budget request, which proposed a reduction in funding for
assessments that is part of the explanation for the modified
assessment schedule. The Department and NAGB are directed to
provide a briefing to the Committees within 45 days of
enactment of this Act on the proposed changes and estimated
funding needed to maintain the schedule outlined in the fiscal
year 2020 budget request.
Second Chance Pell.--The agreement directs IES to conduct a
rigorous evaluation of the Second Chance Pell Experiment as
announced in the Federal Register (Volume 80, Number 148 on
Monday, August 3, 2015) and work with the Department's Policy
and Program Studies on this effort. The agreement directs IES
to submit the evaluation to the Committees within 30 days of
completing the evaluation. The agreement also directs the
Department to report no later than 90 days after the enactment
of this Act on the implementation of GAO's recommendation in
its April 2019 report, ``Federal Student Aid: Actions Needed to
Evaluate Pell Grant Pilot for Incarcerated Students'' (GAO-19-
130).
Departmental Management
Bureau of Indian Education (BIE) Compliance with ESEA.--The
Department shall provide a report to the committees of
jurisdiction within 180 days of enactment of this Act on how it
evaluates the BIE's compliance with ESEA.
Civil Rights Data Collection (CRDC).--The agreement is
concerned with the proposed elimination of key data elements
from the 2019-20 CRDC that could impede efforts to identify and
address inequities in educational resources and outcomes.
Further, the agreement is concerned that the Department did not
first review or evaluate the 2017-18 CRDC collection before
proposing the elimination of these elements. As the CRDC is
used to monitor and enforce equal opportunity in education, the
agreement is concerned that the Department's rationale for
elimination focused on reducing regulatory burden while not
including a comprehensive analysis of whether eliminating
certain data elements would negatively impact the ability to
understand or address civil rights issues in our nation's
schools. The agreement directs the Department to provide a
briefing to the appropriations and authorizing Committees
within 90 days of enactment of this Act on the proposed
changes, how the changes reflect civil rights enforcement
needs, information on the comments received on the proposal, an
evaluation of the 2017-18 CRDC, and any impact on the mission
and purpose of the CRDC and the Office for Civil Rights.
Competitions.--The agreement notes long-standing concern
regarding the Department's failure to issue notices inviting
applications for competitive grant competitions in a timely
manner. Such delays often result in a significant number of
programs awarding grants in the final weeks of the fiscal year.
Moreover, these delays have occurred for enduring, authorized
programs for which there is sufficient funding history to
believe appropriations will continue. The Department is
directed to brief the Committees no later than 60 days after
enactment of this Act on steps it has taken or will take to
issue notices earlier in fiscal year 2020 and subsequent years.
Computer Science Education.--The agreement supports the
Department's prioritization of computer science education in
fiscal year 2019 grant competitions and supports this focus in
fiscal year 2020.
Department of Interior Schools.--The Departments of
Education and Interior are commended for their efforts to
improve the lives of American Indian students through a quality
education. However, more should be done to improve the long-
documented issues facing Department of Interior schools. The
Departments of Education and Interior are encouraged to
continue to work together to improve the quality of education
opportunities offered to Indian youth.
Disaster Recovery.--Funding awarded under the Bipartisan
Budget Act of 2018 (P.L. 115-123) is available for obligation
through fiscal year 2022, in part to address potentially
lengthy recovery efforts. As grantees have experienced both
expected and unexpected challenges that have slowed the
expenditure of funds, the agreement strongly encourages the
Department to extend the time grantees awarded funds in 2018
currently have to expend funds, as applicable, consistent with
the terms of section 21208(b) of such Act.
Disclosures of Foreign Gifts and Contracts.--The agreement
notes that section 117 of the HEA requires IHEs to disclose
certain gifts from or contracts with foreign entities and that
the Department makes such information publicly available on its
website. Such disclosures are critical to ensure adequate
oversight and transparency. The agreement directs the
Department to engage with IHEs to ensure requirements under
section 117 are clear and to provide guidance to IHEs to ensure
they are aware of their responsibilities. As the Department
provides guidance on this issue or modifies reporting methods
or requirements, IHEs should be given adequate time to ensure
proper reporting. The Department should brief the Committees
within 45 days of enactment of this Act on efforts to engage
with the stakeholder community, efforts to provide greater
guidance and clarity on reporting requirements, and any
additional information on agency efforts to comply with such
section.
Diverse Geographical Distribution of Grants.--The
Department is encouraged to continue efforts to ensure that
competitive grants are distributed among eligible entities that
serve geographically diverse areas, including urban, suburban,
and rural areas. It is critical that support and solutions
developed with Federal funding are relevant to and available in
all areas consistent with authorizations of Federal programs.
Evidence-Based Grant Making.--The Secretary should use
demonstrated evidence of effectiveness as part of the selection
criteria through its Education Department General
Administrative Regulations, consistent with authorizations, for
all competitive grant programs. Non-competitive formula grant
funds have a range of evidence requirements and preferences
which the Department is directed to support through
enhancements to its technical assistance and support
activities.
Foundations for Evidence-Based Policymaking.--Faithful
execution of the Foundations for Evidence-based Policymaking
Act will enhance the evidence-building capacity of Federal
agencies, strengthen privacy protections, improve secure access
to data, and ultimately provide more and higher quality
evidence to policymakers. The Department shall provide updates
on its implementation of the law and plans for the coming year
in its next and subsequent Congressional Justifications.
GAO Report on Teacher Shortages.--The agreement requests
GAO provide a report to the Committees on trends and factors
contributing to school districts' challenges with teacher
recruitment and retention. The report should include a review
and analysis of challenges recruiting and retaining special
education teachers, paraprofessionals, and teacher aides; the
extent to which licensure requirements are waived or modified
to address shortages; and geographic and demographic
characteristics of districts facing the greatest challenges or
shortages, including rural and urban areas. The report shall
examine ways to improve the effectiveness of current Federal
policy in preventing and responding to teacher shortages as
well as make recommendations on potential Federal interventions
to improve teacher recruitment and retention.
Human Resources.--The agreement is concerned about the
full-time equivalent employment differences between the
Department's Congressional Justifications and actual on-board
staffing reports. The agreement notes an increase in the number
of separations and hiring challenges at the Department. The
agreement requests an update in the fiscal year 2021
Congressional Justification on the activities the Department
has undertaken or will undertake to ensure adequate staffing
levels are achieved for the Department to meet its obligations.
The Committees request periodic updates on this effort.
Seclusion and Restraint Data.--The agreement strongly urges
the Assistant Secretary for the Office for Civil Rights to take
immediate steps in the ongoing 2017-2018 CRDC to improve the
accuracy of the data, to remind and clarify for all schools and
school districts to only report zero incidents of seclusion and
restraint when no incidents have occurred, to leave cells blank
for missing or incomplete data, and to contact schools and
school districts that already submitted data for the 2017-2018
CRDC and verify the accuracy of the data. Finally, the
agreement strongly urges the Assistant Secretary to monitor
compliance with action plan requirements for missing data, and
ensure plans are submitted and address all missing data. The
agreement requests an update on these efforts in the fiscal
year 2021 Congressional Justification.
General Provisions
The agreement continues authority for pooled evaluation
authority.
The agreement modifies a provision regarding endowment
income.
The agreement continues authority for the National Advisory
Committee on Institutional Quality and Integrity.
The agreement continues authority for account maintenance
fees.
The agreement modifies a provision rescinding unobligated
discretionary balances previously appropriated for the Pell
grant program.
The agreement modifies a provision rescinding fiscal year
2020 mandatory funding to offset the mandatory costs of
increasing the discretionary Pell award.
The agreement includes a new provision modifying the name
of the 21st Century Community Learning Centers program.
The agreement includes a new provision modifying existing
authority relating to cohort default rates for a period of two
years.
The agreement includes a new provision related to the
Department of Education Organization Act.
The agreement modifies a provision related to loan
forgiveness opportunities for borrowers.
TITLE IV
RELATED AGENCIES
Committee for Purchase from People Who Are Blind or Severely Disabled
The agreement includes an additional $1,350,000 for the
one-time costs associated with a move of the headquarters
office.
Corporation for National and Community Service (CNCS)
OPERATING EXPENSES
Innovation, Assistance, and Other Activities.--The
agreement includes $9,600,000 for innovation, assistance, and
other activities. The agreement includes $6,400,000 for the
Volunteer Generation Fund, $2,100,000 for the September 11th
National Day of Service and Remembrance and $1,100,000 for the
Martin Luther King, Jr. National Day of Service.
Commission Investment Fund.--The agreement includes no less
than $8,500,000.
Fixed Amount Grants.--CNCS is encouraged to expand
opportunities for AmeriCorps programs to utilize fixed amount
grants, which could reduce unnecessary administrative burdens
on current and potential AmeriCorps programs. Further, CNCS is
encouraged to increase the current maximum cost per member
service year of fixed amount grants to make it more comparable
to cost reimbursement grant levels and allow new AmeriCorps
programs to be eligible to apply for full-time fixed amount
grants, while also ensuring that fixed amount grantees provide
a comparable amount of matching funds and that there is
sufficient oversight and accountability of fixed amount
grantees.
Professional Corps.--CNCS is directed to include a
determination of need by the local community among the factors
that a professional corps program may use to demonstrate an
inadequate number of professionals in a community. Further,
CNCS is strongly encouraged to increase the maximum amount of
operating funds per member service year a professional corps
program may request as part of their grant application.
Finally, CNCS is directed to provide professional corps
programs flexibility in justifying the need for operating funds
to ensure that these programs are able to provide high-quality
services in all communities.
Transformation and Sustainability Plan.--There is concern
with CNCS' transformation and sustainability plan (TSP),
particularly related to moving from a State office to regional
office structure. CNCS is directed to ensure that TSP does not
create degradation in services, technical assistance, or
support for local community service programs, particularly
those operating in under-served and rural areas, and to provide
periodic briefings to the Committees on steps taken to ensure
that service is maintained. Further, the CNCS is directed to
provide a report within 30 days of enactment of this Act to the
Committees. Such report should contain information on the
metrics used and factors considered in determining the new
regions and the location of regional offices; a complete
analysis of all costs and savings associated with the
transition to regional offices, including any increased travel
or training costs; a description of other field structures
considered; and a detailed response to each of the risk factors
identified by the OIG. Finally, CNCS is encouraged to evaluate
and consider adding additional regional offices as appropriate
if it is determined that offices would enhance support for
local community service programs.
Corporation for Public Broadcasting (CPB)
The bill removes unnecessary language related to the
Television Future Fund as no such fund exists. All operation of
the Television Future Fund ceased after a 2004 GAO report
titled ``Issues Related to Federal Funding for Public
Television by the Corporation for Public Broadcasting'' (GAO-
04-284) determined activities were done in an unauthorized
manner. The agreement expects CPB to fully comply with all
statutory requirements for the allocation and distribution of
appropriated funds.
Institute of Museum and Library Services
Within the total for the Institute of Museum and Library
Services, the agreement includes funds for the following
activities:
------------------------------------------------------------------------
FY 2020
Budget Activity Agreement
------------------------------------------------------------------------
Library Services Technology Act:
Grants to States.................................... $166,803,000
Native American Library Services.................... 5,263,000
National Leadership: Libraries...................... 13,406,000
Laura Bush 21st Century Librarian................... 10,000,000
Museum Services Act:
Museums for America................................. 25,899,000
Native American/Hawaiian Museum Services............ 1,772,000
National Leadership: Museums........................ 8,113,000
African American History and Culture Act:
Museum Grants for African American History & Culture 2,731,000
Research, Analysis, and Data Collection................. 3,013,000
Program Administration.................................. 15,000,000
---------------
Total........................................... 252,000,000
------------------------------------------------------------------------
Medicaid and CHIP Payment and Access Commission (MACPAC)
Non-Emergency Medical Transportation (NEMT).--Within the
amount provided, the agreement provides $300,000 for MACPAC to
examine, to the extent data are available, the benefits of NEMT
from State Medicaid programs on Medicaid beneficiaries,
including beneficiaries with chronic diseases including end
stage renal disease (ESRD), substance abuse disorders, pregnant
mothers, and patients living in remote, rural areas, and to
examine the benefits of improving local coordination of NEMT
with public transportation and other Federally-assisted
transportation services. The agreement directs HHS to take no
regulatory action on availability of NEMT service until the
study is completed.
National Labor Relations Board (NLRB)
The agreement notes concern regarding NLRB personnel and
obligation practices. Such practices have contributed to
significant underspending on personnel costs. As a result of
these practices, NLRB has had higher than historical funding
lapses for the past two fiscal years. The October 2019
Inspector General ``Top Management and Performance Challenges''
memorandum included in NLRB fiscal year 2019 Performance and
Accountability Report identifies NLRB's current methodology for
determining the workforce capacity needed to process cases as a
key challenge to the Board's ability to ensure the quality of
its investigative work product and maintain a highly motivated
workforce.
The agreement directs NLRB to address this challenge by
posting position openings to restore critical field staff
capacity and to more aggressively fill vacancies in fiscal year
2020, including the remaining open regional director positions.
To ensure NLRB makes progress toward addressing this issue, the
agreement directs the Board to expand the number of regional
full-time equivalent staff beyond the amount on-board at the
end of the fourth quarter of fiscal year 2019. Within 90 days
of enactment of this Act, NLRB is directed to brief the
Committees on its plans for addressing these critical hiring
challenges.
Further, NLRB is directed to submit a report to the
Committees within 90 days of enactment of this Act detailing
the resources dedicated to regional offices. Such report should
include actual and planned data, as applicable, for fiscal
years 2011 through 2021: (1) the number of employees stationed
in each regional office and (2) administrative expenses by
object class for each regional office. In addition, the
agreement directs the Board to provide monthly staffing reports
to the Committees. Such staffing reports should include the
total number of employees in each position for each regional
office, attrition for each office, new hires for each office,
and any information on plans to incentivize or encourage
employee separations.
Railroad Retirement Board
LIMITATION ON ADMINISTRATION
The agreement includes $10,000,000 for the implementation
of information technology systems modernization efforts.
GAO Review.--The agreement requests GAO conduct a
management review of the Railroad Retirement Board, including,
financial management practices, regional office structure and
workforce planning needs, oversight of programs, and any other
matters GAO considers relevant.
Social Security Administration (SSA)
LIMITATION ON ADMINISTRATIVE EXPENSES
The agreement includes an increase of $100,000,000 for
SSA's base administrative expenses for additional hires and
resources to improve public service at SSA field offices and
direct service operations.
Continuing Disability Reviews.--The agreement directs SSA
to include in its next continuing disability review (CDR)
report to Congress an evaluation of its CDR prioritization
models and a cost-benefit analysis of how it uses estimated
savings in determining which beneficiaries receive a full-
medical CDR. Additionally, the agreement requests in the fiscal
year 2021 Congressional Justification, the process by which SSA
intends to pace its CDR workload to properly manage Limitation
on Administrative Expenses funding.
Disability Case Processing System (DCPS).--SSA is
encouraged to engage with States to explore all possible
options for modernization of the case processing system, to
align with the needs of each State, so long as such options
have similar or better functionality as DCPS, similar or lower
costs to DCPS, and are consistent with Federal procurement and
security standards. SSA should continue to provide regular
updates on the effort to upgrade DCPS, including the cost and
anticipated timeline of the project, and efforts by SSA to
engage stakeholders, including any barriers to implementation.
Disability Hearings Backlog.--The agreement encourages SSA
to include comprehensive information in its existing reports to
Congress on the specific policies SSA has implemented, or has
considered, to streamline the disability determination and
adjudication process. When considering or implementing changes,
SSA should ensure due process, and that applicants have a full
and adequate opportunity to present their claims.
Field Office Closures.--While SSA's Inspector General
reviews decisions to close field offices, the Commissioner is
strongly encouraged to take every action possible to maintain
operations at the offices under review. SSA is expected to
support front line operations. As part of the fiscal year 2021
Congressional Justification, SSA should include a plan to
identify opportunities for improved field office operations.
Finally, SSA is strongly encouraged to ensure its policies and
procedures for closing field offices include at least 120 days
advance notice to the public, SSA employees, Congress, and
other stakeholders. Such notice should include a rationale for
the proposed closure and an evaluation of the effects on the
public and SSA operations.
Mail and Printing Systems.--SSA is encouraged to consider
and evaluate modernization of its mail and printing systems and
contracts that could result in budgetary savings while
improving fraud prevention. The agreement requests a briefing
for the Committees within 180 days of enactment of this Act on
current mailing and printing systems and contracts, including
systems or contracts relating to Social Security Cards, and any
ongoing efforts to modernize or otherwise improve such systems.
Medical Vocational Guidelines.--The agreement directs SSA
to provide a report to the Committees within 90 days of
enactment of this Act on its plan and timetable for updating
and modernizing medical vocational guidelines and to engage
appropriate Committees of jurisdiction prior to making any
changes to such guidelines.
Telework.--SSA is urged to develop a telework plan for
Operations employees as quickly as practicable and to brief the
Committees on the status of efforts to reinstate telework
within 60 days of enactment of this Act.
Video Hearings.--The agreement reiterates the language
included under this heading in House Report 116-62, and directs
SSA to provide an update in the fiscal year 2021 Congressional
Justification detailing the extent to which SSA meets best
practices outlined by the Administrative Conference of the
U.S., and the extent to which SSA video hearings, policies, and
practices are accessible to individuals with disabilities.
Work Incentives Planning and Assistance (WIPA) and
Protection and Advocacy for Beneficiaries of Social Security
(PABSS).--The agreement includes $23,000,000 for WIPA and
$7,000,000 for PABSS.
TITLE V
General Provisions
The agreement modifies a provision related to reports on
non-competitive contracts, grants and cooperative agreements.
The agreement modifies a provision related to Performance
Partnerships.
The agreement includes a new provision related to grant
notifications.
The agreement includes a new provision related to questions
for the record.
The agreement includes a provision rescinding various
unobligated balances.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
=======================================================================
[House Appropriations Committee Print]
Consolidated Appropriations Act, 2020
(H.R. 1865; P.L. 116-94)
DIVISION B--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2020
=======================================================================
DIVISION B--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2020
TITLE I
AGRICULTURAL PROGRAMS
Processing, Research, and Marketing
Office of the Secretary
(including transfers of funds)
For necessary expenses of the Office of the Secretary,
$46,139,000, of which not to exceed $5,051,000 shall be
available for the immediate Office of the Secretary; not to
exceed $1,496,000 shall be available for the Office of Homeland
Security; not to exceed $6,211,000 shall be available for the
Office of Partnerships and Public Engagement, of which
$1,500,000 shall be for 7 U.S.C. 2279(c)(5); not to exceed
$22,251,000 shall be available for the Office of the Assistant
Secretary for Administration, of which $21,376,000 shall be
available for Departmental Administration to provide for
necessary expenses for management support services to offices
of the Department and for general administration, security,
repairs and alterations, and other miscellaneous supplies and
expenses not otherwise provided for and necessary for the
practical and efficient work of the Department: Provided, That
funds made available by this Act to an agency in the
Administration mission area for salaries and expenses are
available to fund up to one administrative support staff for
the Office; not to exceed $3,869,000 shall be available for the
Office of Assistant Secretary for Congressional Relations and
Intergovernmental Affairs to carry out the programs funded by
this Act, including programs involving intergovernmental
affairs and liaison within the executive branch; and not to
exceed $7,261,000 shall be available for the Office of
Communications: Provided further, That the Secretary of
Agriculture is authorized to transfer funds appropriated for
any office of the Office of the Secretary to any other office
of the Office of the Secretary: Provided further, That no
appropriation for any office shall be increased or decreased by
more than 5 percent: Provided further, That not to exceed
$22,000 of the amount made available under this paragraph for
the immediate Office of the Secretary shall be available for
official reception and representation expenses, not otherwise
provided for, as determined by the Secretary: Provided
further, That the amount made available under this heading for
Departmental Administration shall be reimbursed from applicable
appropriations in this Act for travel expenses incident to the
holding of hearings as required by 5 U.S.C. 551-558: Provided
further, That funds made available under this heading for the
Office of the Assistant Secretary for Congressional Relations
and Intergovernmental Affairs may be transferred to agencies of
the Department of Agriculture funded by this Act to maintain
personnel at the agency level: Provided further, That no funds
made available under this heading for the Office of Assistant
Secretary for Congressional Relations may be obligated after 30
days from the date of enactment of this Act, unless the
Secretary has notified the Committees on Appropriations of both
Houses of Congress on the allocation of these funds by USDA
agency: Provided further, That of the funds made available
under this heading, funding shall be made available to the
Office of the Secretary to carry out the duties of the working
group established under section 770 of the Agriculture, Rural
Development, Food and Drug Administration, and Related Agencies
Appropriations Act, 2019 (Public Law 116-6; 133 Stat. 89):
Provided further, That during any 30 day notification period
referenced in section 716 of this Act, the Secretary of
Agriculture, the Secretary of Health and Human Services or the
Chairman of the Commodity Futures Trading Commission, (as the
case may be) shall take no action to begin implementation of
the proposal or make any public announcement in any form.
Executive Operations
office of the chief economist
For necessary expenses of the Office of the Chief Economist,
$24,013,000, of which $8,000,000 shall be for grants or
cooperative agreements for policy research under 7 U.S.C. 3155.
office of hearings and appeals
For necessary expenses of the Office of Hearings and Appeals,
$15,222,000.
office of budget and program analysis
For necessary expenses of the Office of Budget and Program
Analysis, $9,525,000.
Office of the Chief Information Officer
For necessary expenses of the Office of the Chief Information
Officer, $66,580,000, of which not less than $56,000,000 is for
cybersecurity requirements of the department.
Office of the Chief Financial Officer
For necessary expenses of the Office of the Chief Financial
Officer, $6,028,000.
Office of the Assistant Secretary for Civil Rights
For necessary expenses of the Office of the Assistant
Secretary for Civil Rights, $901,000: Provided, That funds
made available by this Act to an agency in the Civil Rights
mission area for salaries and expenses are available to fund up
to one administrative support staff for the Office.
Office of Civil Rights
For necessary expenses of the Office of Civil Rights,
$24,206,000.
Agriculture Buildings and Facilities
(including transfers of funds)
For payment of space rental and related costs pursuant to
Public Law 92-313, including authorities pursuant to the 1984
delegation of authority from the Administrator of General
Services to the Department of Agriculture under 40 U.S.C. 121,
for programs and activities of the Department which are
included in this Act, and for alterations and other actions
needed for the Department and its agencies to consolidate
unneeded space into configurations suitable for release to the
Administrator of General Services, and for the operation,
maintenance, improvement, and repair of Agriculture buildings
and facilities, and for related costs, $128,167,000, to remain
available until expended.
Hazardous Materials Management
(including transfers of funds)
For necessary expenses of the Department of Agriculture, to
comply with the Comprehensive Environmental Response,
Compensation, and Liability Act (42 U.S.C. 9601 et seq.) and
the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.),
$4,503,000, to remain available until expended: Provided, That
appropriations and funds available herein to the Department for
Hazardous Materials Management may be transferred to any agency
of the Department for its use in meeting all requirements
pursuant to the above Acts on Federal and non-Federal lands.
Office of Inspector General
For necessary expenses of the Office of Inspector General,
including employment pursuant to the Inspector General Act of
1978 (Public Law 95-452; 5 U.S.C. App.), $98,208,000, including
such sums as may be necessary for contracting and other
arrangements with public agencies and private persons pursuant
to section 6(a)(9) of the Inspector General Act of 1978 (Public
Law 95-452; 5 U.S.C. App.), and including not to exceed
$125,000 for certain confidential operational expenses,
including the payment of informants, to be expended under the
direction of the Inspector General pursuant to the Inspector
General Act of 1978 (Public Law 95-452; 5 U.S.C. App.) and
section 1337 of the Agriculture and Food Act of 1981 (Public
Law 97-98).
Office of the General Counsel
For necessary expenses of the Office of the General Counsel,
$45,146,000.
Office of Ethics
For necessary expenses of the Office of Ethics, $4,136,000.
Office of the Under Secretary for Research, Education, and Economics
For necessary expenses of the Office of the Under Secretary
for Research, Education, and Economics, $800,000: Provided,
That funds made available by this Act to an agency in the
Research, Education, and Economics mission area for salaries
and expenses are available to fund up to one administrative
support staff for the Office.
Economic Research Service
For necessary expenses of the Economic Research Service,
$84,757,000.
National Agricultural Statistics Service
For necessary expenses of the National Agricultural
Statistics Service, $180,294,000, of which up to $45,300,000
shall be available until expended for the Census of
Agriculture: Provided, That amounts made available for the
Census of Agriculture may be used to conduct Current Industrial
Report surveys subject to 7 U.S.C. 2204g(d) and (f).
Agricultural Research Service
salaries and expenses
For necessary expenses of the Agricultural Research Service
and for acquisition of lands by donation, exchange, or purchase
at a nominal cost not to exceed $100, and for land exchanges
where the lands exchanged shall be of equal value or shall be
equalized by a payment of money to the grantor which shall not
exceed 25 percent of the total value of the land or interests
transferred out of Federal ownership, $1,414,366,000, of which
$13,100,000, to remain available until expended, shall be used
for transition and equipment purchases for the National Bio and
Agro-Defense Facility located in Manhattan, Kansas: Provided,
That of the amounts available to the Agricultural Research
Service for the National Bio and Agro-Defense Facility, no
funds may be obligated above the amount provided for the
facility in Public Law 116-6 until the Secretary of Agriculture
submits to the Committees on Appropriations of both Houses of
Congress, and receives written or electronic notification of
receipt from such Committees, a strategic plan as required in
House Report 116-107: Provided further, That appropriations
hereunder shall be available for the operation and maintenance
of aircraft and the purchase of not to exceed one for
replacement only: Provided further, That appropriations
hereunder shall be available pursuant to 7 U.S.C. 2250 for the
construction, alteration, and repair of buildings and
improvements, but unless otherwise provided, the cost of
constructing any one building shall not exceed $500,000, except
for headhouses or greenhouses which shall each be limited to
$1,800,000, except for 10 buildings to be constructed or
improved at a cost not to exceed $1,100,000 each, and except
for two buildings to be constructed at a cost not to exceed
$3,000,000 each, and the cost of altering any one building
during the fiscal year shall not exceed 10 percent of the
current replacement value of the building or $500,000,
whichever is greater: Provided further, That appropriations
hereunder shall be available for entering into lease agreements
at any Agricultural Research Service location for the
construction of a research facility by a non-Federal entity for
use by the Agricultural Research Service and a condition of the
lease shall be that any facility shall be owned, operated, and
maintained by the non-Federal entity and shall be removed upon
the expiration or termination of the lease agreement: Provided
further, That the limitations on alterations contained in this
Act shall not apply to modernization or replacement of existing
facilities at Beltsville, Maryland: Provided further, That
appropriations hereunder shall be available for granting
easements at the Beltsville Agricultural Research Center:
Provided further, That the foregoing limitations shall not
apply to replacement of buildings needed to carry out the Act
of April 24, 1948 (21 U.S.C. 113a): Provided further, That
appropriations hereunder shall be available for granting
easements at any Agricultural Research Service location for the
construction of a research facility by a non-Federal entity for
use by, and acceptable to, the Agricultural Research Service
and a condition of the easements shall be that upon completion
the facility shall be accepted by the Secretary, subject to the
availability of funds herein, if the Secretary finds that
acceptance of the facility is in the interest of the United
States: Provided further, That funds may be received from any
State, other political subdivision, organization, or individual
for the purpose of establishing or operating any research
facility or research project of the Agricultural Research
Service, as authorized by law.
buildings and facilities
For the acquisition of land, construction, repair,
improvement, extension, alteration, and purchase of fixed
equipment or facilities as necessary to carry out the
agricultural research programs of the Department of
Agriculture, where not otherwise provided, $192,700,000 to
remain available until expended, of which $166,900,000 shall be
allocated for ARS facilities co-located with university
partners.
National Institute of Food and Agriculture
research and education activities
For payments to agricultural experiment stations, for
cooperative forestry and other research, for facilities, and
for other expenses, $962,864,000, which shall be for the
purposes, and in the amounts, specified in the table titled
``National Institute of Food and Agriculture, Research and
Education Activities'' in the explanatory statement described
in section 4 (in the matter preceding division A of this
consolidated Act): Provided, That funds for research grants
for 1994 institutions, education grants for 1890 institutions,
capacity building for non-land-grant colleges of agriculture,
the agriculture and food research initiative, veterinary
medicine loan repayment, multicultural scholars, graduate
fellowship and institution challenge grants, and grants
management systems shall remain available until expended:
Provided further, That each institution eligible to receive
funds under the Evans-Allen program receives no less than
$1,000,000: Provided further, That funds for education grants
for Alaska Native and Native Hawaiian-serving institutions be
made available to individual eligible institutions or consortia
of eligible institutions with funds awarded equally to each of
the States of Alaska and Hawaii: Provided further, That funds
for education grants for 1890 institutions shall be made
available to institutions eligible to receive funds under 7
U.S.C. 3221 and 3222: Provided further, That not more than 5
percent of the amounts made available by this or any other Act
to carry out the Agriculture and Food Research Initiative under
7 U.S.C. 3157 may be retained by the Secretary of Agriculture
to pay administrative costs incurred by the Secretary in
carrying out that authority.
native american institutions endowment fund
For the Native American Institutions Endowment Fund
authorized by Public Law 103-382 (7 U.S.C. 301 note),
$11,880,000, to remain available until expended.
extension activities
For payments to States, the District of Columbia, Puerto
Rico, Guam, the Virgin Islands, Micronesia, the Northern
Marianas, and American Samoa, $526,557,000, which shall be for
the purposes, and in the amounts, specified in the table titled
``National Institute of Food and Agriculture, Extension
Activities'' in the explanatory statement described in section
4 (in the matter preceding division A of this consolidated
Act): Provided, That funds for facility improvements at 1890
institutions shall remain available until expended: Provided
further, That institutions eligible to receive funds under 7
U.S.C. 3221 for cooperative extension receive no less than
$1,000,000: Provided further, That funds for cooperative
extension under sections 3(b) and (c) of the Smith-Lever Act (7
U.S.C. 343(b) and (c)) and section 208(c) of Public Law 93-471
shall be available for retirement and employees' compensation
costs for extension agents.
integrated activities
For the integrated research, education, and extension grants
programs, including necessary administrative expenses,
$38,000,000, which shall be for the purposes, and in the
amounts, specified in the table titled ``National Institute of
Food and Agriculture, Integrated Activities'' in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act): Provided, That
funds for the Food and Agriculture Defense Initiative shall
remain available until September 30, 2021: Provided further,
That notwithstanding any other provision of law, indirect costs
shall not be charged against any Extension Implementation
Program Area grant awarded under the Crop Protection/Pest
Management Program (7 U.S.C. 7626).
Office of the Under Secretary for Marketing and Regulatory Programs
For necessary expenses of the Office of the Under Secretary
for Marketing and Regulatory Programs, $800,000: Provided,
That funds made available by this Act to an agency in the
Marketing and Regulatory Programs mission area for salaries and
expenses are available to fund up to one administrative support
staff for the Office.
Animal and Plant Health Inspection Service
salaries and expenses
(including transfers of funds)
For necessary expenses of the Animal and Plant Health
Inspection Service, including up to $30,000 for representation
allowances and for expenses pursuant to the Foreign Service Act
of 1980 (22 U.S.C. 4085), $1,042,711,000, of which $470,000, to
remain available until expended, shall be available for the
control of outbreaks of insects, plant diseases, animal
diseases and for control of pest animals and birds
(``contingency fund'') to the extent necessary to meet
emergency conditions; of which $11,520,000, to remain available
until expended, shall be used for the cotton pests program,
including for cost share purposes or for debt retirement for
active eradication zones; of which $37,857,000, to remain
available until expended, shall be for Animal Health Technical
Services; of which $1,000,000 shall be for activities under the
authority of the Horse Protection Act of 1970, as amended (15
U.S.C. 1831); of which $62,840,000, to remain available until
expended, shall be used to support avian health; of which
$4,251,000, to remain available until expended, shall be for
information technology infrastructure; of which $192,013,000,
to remain available until expended, shall be for specialty crop
pests; of which, $13,826,000, to remain available until
expended, shall be for field crop and rangeland ecosystem
pests; of which $16,523,000, to remain available until
expended, shall be for zoonotic disease management; of which
$40,966,000, to remain available until expended, shall be for
emergency preparedness and response; of which $60,000,000, to
remain available until expended, shall be for tree and wood
pests; of which $5,725,000, to remain available until expended,
shall be for the National Veterinary Stockpile; of which up to
$1,500,000, to remain available until expended, shall be for
the scrapie program for indemnities; of which $2,500,000, to
remain available until expended, shall be for the wildlife
damage management program for aviation safety: Provided, That
of amounts available under this heading for wildlife services
methods development, $1,000,000 shall remain available until
expended: Provided further, That of amounts available under
this heading for the screwworm program, $4,990,000 shall remain
available until expended; of which $20,800,000, to remain
available until expended, shall be used to carry out the
science program and transition activities for the National Bio
and Agro-defense Facility located in Manhattan, Kansas:
Provided further, That of the amounts available to the Animal
and Plant Health Inspection Service for the National Bio and
Agro-Defense Facility, no funds may be obligated above the
amount provided for the facility in Public Law 116-6 until the
Secretary of Agriculture submits to the Committees on
Appropriations of both Houses of Congress, and receives written
or electronic notification of receipt from such Committees, a
strategic plan as required in House Report 116-107: Provided
further, That no funds shall be used to formulate or administer
a brucellosis eradication program for the current fiscal year
that does not require minimum matching by the States of at
least 40 percent: Provided further, That this appropriation
shall be available for the purchase, replacement, operation,
and maintenance of aircraft: Provided further, That in
addition, in emergencies which threaten any segment of the
agricultural production industry of the United States, the
Secretary may transfer from other appropriations or funds
available to the agencies or corporations of the Department
such sums as may be deemed necessary, to be available only in
such emergencies for the arrest and eradication of contagious
or infectious disease or pests of animals, poultry, or plants,
and for expenses in accordance with sections 10411 and 10417 of
the Animal Health Protection Act (7 U.S.C. 8310 and 8316) and
sections 431 and 442 of the Plant Protection Act (7 U.S.C. 7751
and 7772), and any unexpended balances of funds transferred for
such emergency purposes in the preceding fiscal year shall be
merged with such transferred amounts: Provided further, That
appropriations hereunder shall be available pursuant to law (7
U.S.C. 2250) for the repair and alteration of leased buildings
and improvements, but unless otherwise provided the cost of
altering any one building during the fiscal year shall not
exceed 10 percent of the current replacement value of the
building.
In fiscal year 2020, the agency is authorized to collect fees
to cover the total costs of providing technical assistance,
goods, or services requested by States, other political
subdivisions, domestic and international organizations, foreign
governments, or individuals, provided that such fees are
structured such that any entity's liability for such fees is
reasonably based on the technical assistance, goods, or
services provided to the entity by the agency, and such fees
shall be reimbursed to this account, to remain available until
expended, without further appropriation, for providing such
assistance, goods, or services.
buildings and facilities
For plans, construction, repair, preventive maintenance,
environmental support, improvement, extension, alteration, and
purchase of fixed equipment or facilities, as authorized by 7
U.S.C. 2250, and acquisition of land as authorized by 7 U.S.C.
2268a, $3,175,000, to remain available until expended.
Agricultural Marketing Service
marketing services
For necessary expenses of the Agricultural Marketing Service,
$186,936,000, of which $6,000,000 shall be available for the
purposes of section 12306 of Public Law 113-79: Provided, That
this appropriation shall be available pursuant to law (7 U.S.C.
2250) for the alteration and repair of buildings and
improvements, but the cost of altering any one building during
the fiscal year shall not exceed 10 percent of the current
replacement value of the building: Provided further, That up
to $4,454,000 of this appropriation may be used for United
States Warehouse Act activities to supplement amounts made
available by the United States Warehouse Act.
Fees may be collected for the cost of standardization
activities, as established by regulation pursuant to law (31
U.S.C. 9701).
limitation on administrative expenses
Not to exceed $61,227,000 (from fees collected) shall be
obligated during the current fiscal year for administrative
expenses: Provided, That if crop size is understated and/or
other uncontrollable events occur, the agency may exceed this
limitation by up to 10 percent with notification to the
Committees on Appropriations of both Houses of Congress.
funds for strengthening markets, income, and supply (section 32)
(including transfers of funds)
Funds available under section 32 of the Act of August 24,
1935 (7 U.S.C. 612c), shall be used only for commodity program
expenses as authorized therein, and other related operating
expenses, except for: (1) transfers to the Department of
Commerce as authorized by the Fish and Wildlife Act of 1956 (16
U.S.C. 742a et seq.); (2) transfers otherwise provided in this
Act; and (3) not more than $20,705,000 for formulation and
administration of marketing agreements and orders pursuant to
the Agricultural Marketing Agreement Act of 1937 and the
Agricultural Act of 1961 (Public Law 87-128).
payments to states and possessions
For payments to departments of agriculture, bureaus and
departments of markets, and similar agencies for marketing
activities under section 204(b) of the Agricultural Marketing
Act of 1946 (7 U.S.C. 1623(b)), $1,235,000.
limitation on inspection and weighing services expenses
Not to exceed $55,000,000 (from fees collected) shall be
obligated during the current fiscal year for inspection and
weighing services: Provided, That if grain export activities
require additional supervision and oversight, or other
uncontrollable factors occur, this limitation may be exceeded
by up to 10 percent with notification to the Committees on
Appropriations of both Houses of Congress.
Office of the Under Secretary for Food Safety
For necessary expenses of the Office of the Under Secretary
for Food Safety, $800,000: Provided, That funds made available
by this Act to an agency in the Food Safety mission area for
salaries and expenses are available to fund up to one
administrative support staff for the Office.
Food Safety and Inspection Service
For necessary expenses to carry out services authorized by
the Federal Meat Inspection Act, the Poultry Products
Inspection Act, and the Egg Products Inspection Act, including
not to exceed $10,000 for representation allowances and for
expenses pursuant to section 8 of the Act approved August 3,
1956 (7 U.S.C. 1766), $1,054,344,000; and in addition,
$1,000,000 may be credited to this account from fees collected
for the cost of laboratory accreditation as authorized by
section 1327 of the Food, Agriculture, Conservation and Trade
Act of 1990 (7 U.S.C. 138f): Provided, That funds provided for
the Public Health Data Communication Infrastructure system
shall remain available until expended: Provided further, That
no fewer than 148 full-time equivalent positions shall be
employed during fiscal year 2020 for purposes dedicated solely
to inspections and enforcement related to the Humane Methods of
Slaughter Act (7 U.S.C. 1901 et seq.): Provided further, That
the Food Safety and Inspection Service shall continue
implementation of section 11016 of Public Law 110-246 as
further clarified by the amendments made in section 12106 of
Public Law 113-79: Provided further, That this appropriation
shall be available pursuant to law (7 U.S.C. 2250) for the
alteration and repair of buildings and improvements, but the
cost of altering any one building during the fiscal year shall
not exceed 10 percent of the current replacement value of the
building.
TITLE II
FARM PRODUCTION AND CONSERVATION PROGRAMS
Office of the Under Secretary for Farm Production and Conservation
For necessary expenses of the Office of the Under Secretary
for Farm Production and Conservation, $901,000: Provided, That
funds made available by this Act to an agency in the Farm
Production and Conservation mission area for salaries and
expenses are available to fund up to one administrative support
staff for the Office.
Farm Production and Conservation Business Center
salaries and expenses
(including transfers of funds)
For necessary expenses of the Farm Production and
Conservation Business Center, $203,877,000: Provided, That
$60,228,000 of amounts appropriated for the current fiscal year
pursuant to section 1241(a) of the Farm Security and Rural
Investment Act of 1985 (16 U.S.C. 3841(a)) shall be transferred
to and merged with this account.
Farm Service Agency
salaries and expenses
(including transfers of funds)
For necessary expenses of the Farm Service Agency,
$1,122,837,000, of which not less than $35,000,000 shall be for
the hiring of new employees to fill vacancies at Farm Service
Agency county offices and farm loan officers and shall be
available until September 30, 2021: Provided, That not more
than 50 percent of the funding made available under this
heading for information technology related to farm program
delivery may be obligated until the Secretary submits to the
Committees on Appropriations of both Houses of Congress, and
receives written or electronic notification of receipt from
such Committees of, a plan for expenditure that (1) identifies
for each project/investment over $25,000 (a) the functional and
performance capabilities to be delivered and the mission
benefits to be realized, (b) the estimated lifecycle cost for
the entirety of the project/investment, including estimates for
development as well as maintenance and operations, and (c) key
milestones to be met; (2) demonstrates that each project/
investment is, (a) consistent with the Farm Service Agency
Information Technology Roadmap, (b) being managed in accordance
with applicable lifecycle management policies and guidance, and
(c) subject to the applicable Department's capital planning and
investment control requirements; and (3) has been reviewed by
the Government Accountability Office and approved by the
Committees on Appropriations of both Houses of Congress:
Provided further, That the agency shall submit a report by the
end of the fourth quarter of fiscal year 2020 to the Committees
on Appropriations and the Government Accountability Office,
that identifies for each project/investment that is operational
(a) current performance against key indicators of customer
satisfaction, (b) current performance of service level
agreements or other technical metrics, (c) current performance
against a pre-established cost baseline, (d) a detailed
breakdown of current and planned spending on operational
enhancements or upgrades, and (e) an assessment of whether the
investment continues to meet business needs as intended as well
as alternatives to the investment: Provided further, That the
Secretary is authorized to use the services, facilities, and
authorities (but not the funds) of the Commodity Credit
Corporation to make program payments for all programs
administered by the Agency: Provided further, That other funds
made available to the Agency for authorized activities may be
advanced to and merged with this account: Provided further,
That funds made available to county committees shall remain
available until expended: Provided further, That none of the
funds available to the Farm Service Agency shall be used to
close Farm Service Agency county offices: Provided further,
That none of the funds available to the Farm Service Agency
shall be used to permanently relocate county based employees
that would result in an office with two or fewer employees
without prior notification and approval of the Committees on
Appropriations of both Houses of Congress.
state mediation grants
For grants pursuant to section 502(b) of the Agricultural
Credit Act of 1987, as amended (7 U.S.C. 5101-5106),
$5,545,000.
grassroots source water protection program
For necessary expenses to carry out wellhead or groundwater
protection activities under section 1240O of the Food Security
Act of 1985 (16 U.S.C. 3839bb-2), $6,500,000, to remain
available until expended.
dairy indemnity program
(including transfer of funds)
For necessary expenses involved in making indemnity payments
to dairy farmers and manufacturers of dairy products under a
dairy indemnity program, such sums as may be necessary, to
remain available until expended: Provided, That such program
is carried out by the Secretary in the same manner as the dairy
indemnity program described in the Agriculture, Rural
Development, Food and Drug Administration, and Related Agencies
Appropriations Act, 2001 (Public Law 106-387, 114 Stat. 1549A-
12).
agricultural credit insurance fund program account
(including transfers of funds)
For gross obligations for the principal amount of direct and
guaranteed farm ownership (7 U.S.C. 1922 et seq.) and operating
(7 U.S.C. 1941 et seq.) loans, emergency loans (7 U.S.C. 1961
et seq.), Indian tribe land acquisition loans (25 U.S.C. 5136),
boll weevil loans (7 U.S.C. 1989), guaranteed conservation
loans (7 U.S.C. 1924 et seq.), relending program (7 U.S.C.
1936c), and Indian highly fractionated land loans (25 U.S.C.
5136) to be available from funds in the Agricultural Credit
Insurance Fund, as follows: $2,750,000,000 for guaranteed farm
ownership loans and $1,875,000,000 for farm ownership direct
loans; $1,960,000,000 for unsubsidized guaranteed operating
loans and $1,550,133,000 for direct operating loans; emergency
loans, $37,668,000; Indian tribe land acquisition loans,
$20,000,000; guaranteed conservation loans, $150,000,000;
relending program, $18,215,000; Indian highly fractionated land
loans, $10,000,000; and for boll weevil eradication program
loans, $60,000,000: Provided, That the Secretary shall deem
the pink bollworm to be a boll weevil for the purpose of boll
weevil eradication program loans.
For the cost of direct and guaranteed loans and grants,
including the cost of modifying loans as defined in section 502
of the Congressional Budget Act of 1974, as follows:
$58,440,000 for direct farm operating loans, $20,972,000 for
unsubsidized guaranteed farm operating loans, emergency loans,
$2,023,000; relending program, $5,000,000; Indian highly
fractionated land loans, $2,745,000; and $60,000 for boll
weevil eradication loans, to remain available until expended.
In addition, for administrative expenses necessary to carry
out the direct and guaranteed loan programs, $317,068,000:
Provided, That of this amount, $290,917,000 shall be
transferred to and merged with the appropriation for ``Farm
Service Agency, Salaries and Expenses'': Provided further,
That of this amount $16,081,000 shall be transferred to and
merged with the appropriation for ``Farm Production and
Conservation Business Center, Salaries and Expenses''.
Funds appropriated by this Act to the Agricultural Credit
Insurance Program Account for farm ownership, operating and
conservation direct loans and guaranteed loans may be
transferred among these programs: Provided, That the
Committees on Appropriations of both Houses of Congress are
notified at least 15 days in advance of any transfer.
Risk Management Agency
salaries and expenses
For necessary expenses of the Risk Management Agency,
$58,361,000: Provided, That $2,000,000 shall be available for
compliance and integrity activities required under section
516(b)(2)(C) of the Federal Crop Insurance Act of 1938 (7
U.S.C. 1516(b)(2)(C)) in addition to other amounts provided:
Provided further, That not to exceed $1,000 shall be available
for official reception and representation expenses, as
authorized by 7 U.S.C. 1506(i).
Natural Resources Conservation Service
conservation operations
For necessary expenses for carrying out the provisions of the
Act of April 27, 1935 (16 U.S.C. 590a-f), including preparation
of conservation plans and establishment of measures to conserve
soil and water (including farm irrigation and land drainage and
such special measures for soil and water management as may be
necessary to prevent floods and the siltation of reservoirs and
to control agricultural related pollutants); operation of
conservation plant materials centers; classification and
mapping of soil; dissemination of information; acquisition of
lands, water, and interests therein for use in the plant
materials program by donation, exchange, or purchase at a
nominal cost not to exceed $100 pursuant to the Act of August
3, 1956 (7 U.S.C. 2268a); purchase and erection or alteration
or improvement of permanent and temporary buildings; and
operation and maintenance of aircraft, $829,628,000, to remain
available until September 30, 2021: Provided, That
appropriations hereunder shall be available pursuant to 7
U.S.C. 2250 for construction and improvement of buildings and
public improvements at plant materials centers, except that the
cost of alterations and improvements to other buildings and
other public improvements shall not exceed $250,000: Provided
further, That when buildings or other structures are erected on
non-Federal land, that the right to use such land is obtained
as provided in 7 U.S.C. 2250a: Provided further, That of the
amounts made available under this heading, $5,600,000, shall
remain available until expended for the authorities under 16
U.S.C. 1001-1005 and 1007-1009 for authorized ongoing watershed
projects with a primary purpose of providing water to rural
communities.
watershed and flood prevention operations
For necessary expenses to carry out preventive measures,
including but not limited to surveys and investigations,
engineering operations, works of improvement, and changes in
use of land, in accordance with the Watershed Protection and
Flood Prevention Act (16 U.S.C. 1001-1005 and 1007-1009) and in
accordance with the provisions of laws relating to the
activities of the Department, $175,000,000, to remain available
until expended: Provided, That for funds provided by this Act
or any other prior Act, the limitation regarding the size of
the watershed or subwatershed exceeding two hundred and fifty
thousand acres in which such activities can be undertaken shall
only apply for activities undertaken for the primary purpose of
flood prevention (including structural and land treatment
measures): Provided further, That of the amounts made
available under this heading, $70,000,000 shall be allocated to
projects and activities that can commence promptly following
enactment; that address regional priorities for flood
prevention, agricultural water management, inefficient
irrigation systems, fish and wildlife habitat, or watershed
protection; or that address authorized ongoing projects under
the authorities of section 13 of the Flood Control Act of
December 22, 1944 (Public Law 78-534) with a primary purpose of
watershed protection by preventing floodwater damage and
stabilizing stream channels, tributaries, and banks to reduce
erosion and sediment transport.
watershed rehabilitation program
Under the authorities of section 14 of the Watershed
Protection and Flood Prevention Act, $10,000,000 is provided:
Provided, That of the amounts made available under this
heading, $5,000,000 shall remain available until expended for
watershed rehabilitation projects in states with high-hazard
dams and other watershed structures and that have recently
incurred flooding events which caused fatalities.
CORPORATIONS
The following corporations and agencies are hereby authorized
to make expenditures, within the limits of funds and borrowing
authority available to each such corporation or agency and in
accord with law, and to make contracts and commitments without
regard to fiscal year limitations as provided by section 104 of
the Government Corporation Control Act as may be necessary in
carrying out the programs set forth in the budget for the
current fiscal year for such corporation or agency, except as
hereinafter provided.
Federal Crop Insurance Corporation Fund
For payments as authorized by section 516 of the Federal Crop
Insurance Act (7 U.S.C. 1516), such sums as may be necessary,
to remain available until expended.
Commodity Credit Corporation Fund
reimbursement for net realized losses
(including transfers of funds)
For the current fiscal year, such sums as may be necessary to
reimburse the Commodity Credit Corporation for net realized
losses sustained, but not previously reimbursed, pursuant to
section 2 of the Act of August 17, 1961 (15 U.S.C. 713a-11):
Provided, That of the funds available to the Commodity Credit
Corporation under section 11 of the Commodity Credit
Corporation Charter Act (15 U.S.C. 714i) for the conduct of its
business with the Foreign Agricultural Service, up to
$5,000,000 may be transferred to and used by the Foreign
Agricultural Service for information resource management
activities of the Foreign Agricultural Service that are not
related to Commodity Credit Corporation business.
hazardous waste management
(limitation on expenses)
For the current fiscal year, the Commodity Credit Corporation
shall not expend more than $5,000,000 for site investigation
and cleanup expenses, and operations and maintenance expenses
to comply with the requirement of section 107(g) of the
Comprehensive Environmental Response, Compensation, and
Liability Act (42 U.S.C. 9607(g)), and section 6001 of the
Solid Waste Disposal Act (42 U.S.C. 6961).
TITLE III
RURAL DEVELOPMENT PROGRAMS
Office of the Under Secretary for Rural Development
For necessary expenses of the Office of the Under Secretary
for Rural Development, $800,000: Provided, That funds made
available by this Act to an agency in the Rural Development
mission area for salaries and expenses are available to fund up
to one administrative support staff for the Office.
Rural Development
salaries and expenses
(including transfers of funds)
For necessary expenses for carrying out the administration
and implementation of Rural Development programs, including
activities with institutions concerning the development and
operation of agricultural cooperatives; and for cooperative
agreements; $247,835,000: Provided, That notwithstanding any
other provision of law, funds appropriated under this heading
may be used for advertising and promotional activities that
support Rural Development programs: Provided further, That in
addition to any other funds appropriated for purposes
authorized by section 502(i) of the Housing Act of 1949 (42
U.S.C. 1472(i)), any amounts collected under such section, as
amended by this Act, will immediately be credited to this
account and will remain available until expended for such
purposes.
Rural Housing Service
rural housing insurance fund program account
(including transfers of funds)
For gross obligations for the principal amount of direct and
guaranteed loans as authorized by title V of the Housing Act of
1949, to be available from funds in the rural housing insurance
fund, as follows: $1,000,000,000 shall be for direct loans and
$24,000,000,000 shall be for unsubsidized guaranteed loans;
$28,000,000 for section 504 housing repair loans; $40,000,000
for section 515 rental housing; $230,000,000 for section 538
guaranteed multi-family housing loans; $10,000,000 for credit
sales of single family housing acquired property; $5,000,000
for section 523 self-help housing land development loans; and
$5,000,000 for section 524 site development loans.
For the cost of direct and guaranteed loans, including the
cost of modifying loans, as defined in section 502 of the
Congressional Budget Act of 1974, as follows: section 502
loans, $90,000,000 shall be for direct loans; section 504
housing repair loans, $4,679,000; section 523 self-help housing
land development loans, $577,000; section 524 site development
loans, $546,000; and repair, rehabilitation, and new
construction of section 515 rental housing, $12,144,000:
Provided, That to support the loan program level for section
538 guaranteed loans made available under this heading the
Secretary may charge or adjust any fees to cover the projected
cost of such loan guarantees pursuant to the provisions of the
Credit Reform Act of 1990 (2 U.S.C. 661 et seq.), and the
interest on such loans may not be subsidized: Provided
further, That applicants in communities that have a current
rural area waiver under section 541 of the Housing Act of 1949
(42 U.S.C. 1490q) shall be treated as living in a rural area
for purposes of section 502 guaranteed loans provided under
this heading: Provided further, That of the amounts available
under this paragraph for section 502 direct loans, no less than
$5,000,000 shall be available for direct loans for individuals
whose homes will be built pursuant to a program funded with a
mutual and self-help housing grant authorized by section 523 of
the Housing Act of 1949 until June 1, 2020: Provided further,
That the Secretary shall implement provisions to provide
incentives to nonprofit organizations and public housing
authorities to facilitate the acquisition of Rural Housing
Service (RHS) multifamily housing properties by such nonprofit
organizations and public housing authorities that commit to
keep such properties in the RHS multifamily housing program for
a period of time as determined by the Secretary, with such
incentives to include, but not be limited to, the following:
allow such nonprofit entities and public housing authorities to
earn a Return on Investment on their own resources to include
proceeds from low income housing tax credit syndication, own
contributions, grants, and developer loans at favorable rates
and terms, invested in a deal; and allow reimbursement of
organizational costs associated with owner's oversight of asset
referred to as ``Asset Management Fee'' of up to $7,500 per
property.
In addition, for the cost of direct loans, grants, and
contracts, as authorized by sections 514 and 516 of the Housing
Act of 1949 (42 U.S.C. 1484, 1486), $18,739,000, to remain
available until expended, for direct farm labor housing loans
and domestic farm labor housing grants and contracts:
Provided, That any balances available for the Farm Labor
Program Account shall be transferred to and merged with this
account.
In addition, for administrative expenses necessary to carry
out the direct and guaranteed loan programs, $412,254,000 shall
be transferred to and merged with the appropriation for ``Rural
Development, Salaries and Expenses''.
rental assistance program
For rental assistance agreements entered into or renewed
pursuant to the authority under section 521(a)(2) of the
Housing Act of 1949 or agreements entered into in lieu of debt
forgiveness or payments for eligible households as authorized
by section 502(c)(5)(D) of the Housing Act of 1949,
$1,375,000,000, of which $40,000,000 shall be available until
September 30, 2021; and in addition such sums as may be
necessary, as authorized by section 521(c) of the Act, to
liquidate debt incurred prior to fiscal year 1992 to carry out
the rental assistance program under section 521(a)(2) of the
Act: Provided, That rental assistance agreements entered into
or renewed during the current fiscal year shall be funded for a
one-year period: Provided further, That upon request by an
owner of a project financed by an existing loan under section
514 or 515 of the Act, the Secretary may renew the rental
assistance agreement for a period of 20 years or until the term
of such loan has expired, subject to annual appropriations:
Provided further, That any unexpended balances remaining at the
end of such one-year agreements may be transferred and used for
purposes of any debt reduction; maintenance, repair, or
rehabilitation of any existing projects; preservation; and
rental assistance activities authorized under title V of the
Act: Provided further, That rental assistance provided under
agreements entered into prior to fiscal year 2020 for a farm
labor multi-family housing project financed under section 514
or 516 of the Act may not be recaptured for use in another
project until such assistance has remained unused for a period
of 12 consecutive months, if such project has a waiting list of
tenants seeking such assistance or the project has rental
assistance eligible tenants who are not receiving such
assistance: Provided further, That such recaptured rental
assistance shall, to the extent practicable, be applied to
another farm labor multi-family housing project financed under
section 514 or 516 of the Act: Provided further, That except
as provided in the fourth proviso under this heading and
notwithstanding any other provision of the Act, the Secretary
may recapture rental assistance provided under agreements
entered into prior to fiscal year 2020 for a project that the
Secretary determines no longer needs rental assistance and use
such recaptured funds for current needs.
multi-family housing revitalization program account
For the rural housing voucher program as authorized under
section 542 of the Housing Act of 1949, but notwithstanding
subsection (b) of such section, and for additional costs to
conduct a demonstration program for the preservation and
revitalization of multi-family rental housing properties
described in this paragraph, $60,000,000, to remain available
until expended: Provided, That of the funds made available
under this heading, $32,000,000, shall be available for rural
housing vouchers to any low-income household (including those
not receiving rental assistance) residing in a property
financed with a section 515 loan which has been prepaid after
September 30, 2005: Provided further, That the amount of such
voucher shall be the difference between comparable market rent
for the section 515 unit and the tenant paid rent for such
unit: Provided further, That funds made available for such
vouchers shall be subject to the availability of annual
appropriations: Provided further, That the Secretary shall, to
the maximum extent practicable, administer such vouchers with
current regulations and administrative guidance applicable to
section 8 housing vouchers administered by the Secretary of the
Department of Housing and Urban Development: Provided further,
That if the Secretary determines that the amount made available
for vouchers in this or any other Act is not needed for
vouchers, the Secretary may use such funds for the
demonstration program for the preservation and revitalization
of multi-family rental housing properties described in this
paragraph: Provided further, That of the funds made available
under this heading, $28,000,000 shall be available for a
demonstration program for the preservation and revitalization
of the sections 514, 515, and 516 multi-family rental housing
properties to restructure existing USDA multi-family housing
loans, as the Secretary deems appropriate, expressly for the
purposes of ensuring the project has sufficient resources to
preserve the project for the purpose of providing safe and
affordable housing for low-income residents and farm laborers
including reducing or eliminating interest; deferring loan
payments, subordinating, reducing or reamortizing loan debt;
and other financial assistance including advances, payments and
incentives (including the ability of owners to obtain
reasonable returns on investment) required by the Secretary:
Provided further, That the Secretary shall as part of the
preservation and revitalization agreement obtain a restrictive
use agreement consistent with the terms of the restructuring:
Provided further, That if the Secretary determines that
additional funds for vouchers described in this paragraph are
needed, funds for the preservation and revitalization
demonstration program may be used for such vouchers: Provided
further, That if Congress enacts legislation to permanently
authorize a multi-family rental housing loan restructuring
program similar to the demonstration program described herein,
the Secretary may use funds made available for the
demonstration program under this heading to carry out such
legislation with the prior approval of the Committees on
Appropriations of both Houses of Congress: Provided further,
That in addition to any other available funds, the Secretary
may expend not more than $1,000,000 total, from the program
funds made available under this heading, for administrative
expenses for activities funded under this heading.
mutual and self-help housing grants
For grants and contracts pursuant to section 523(b)(1)(A) of
the Housing Act of 1949 (42 U.S.C. 1490c), $31,000,000, to
remain available until expended.
rural housing assistance grants
For grants for very low-income housing repair and rural
housing preservation made by the Rural Housing Service, as
authorized by 42 U.S.C. 1474, and 1490m, $45,000,000, to remain
available until expended.
rural community facilities program account
(including transfers of funds)
For gross obligations for the principal amount of direct and
guaranteed loans as authorized by section 306 and described in
section 381E(d)(1) of the Consolidated Farm and Rural
Development Act, $2,800,000,000 for direct loans and
$500,000,000 for guaranteed loans.
For the cost of grants for rural community facilities
programs as authorized by section 306 and described in section
381E(d)(1) of the Consolidated Farm and Rural Development Act,
$49,000,000, to remain available until expended: Provided,
That $6,000,000 of the amount appropriated under this heading
shall be available for a Rural Community Development
Initiative: Provided further, That such funds shall be used
solely to develop the capacity and ability of private,
nonprofit community-based housing and community development
organizations, low-income rural communities, and Federally
Recognized Native American Tribes to undertake projects to
improve housing, community facilities, community and economic
development projects in rural areas: Provided further, That
such funds shall be made available to qualified private,
nonprofit and public intermediary organizations proposing to
carry out a program of financial and technical assistance:
Provided further, That such intermediary organizations shall
provide matching funds from other sources, including Federal
funds for related activities, in an amount not less than funds
provided: Provided further, That $6,000,000 of the amount
appropriated under this heading shall be to provide grants for
facilities in rural communities with extreme unemployment and
severe economic depression (Public Law 106-387), with up to 5
percent for administration and capacity building in the State
rural development offices: Provided further, That $5,000,000
of the amount appropriated under this heading shall be
available for community facilities grants to tribal colleges,
as authorized by section 306(a)(19) of such Act: Provided
further, That sections 381E-H and 381N of the Consolidated Farm
and Rural Development Act are not applicable to the funds made
available under this heading.
Rural Business--Cooperative Service
rural business program account
(including transfers of funds)
For the cost of loan guarantees and grants, for the rural
business development programs authorized by section 310B and
described in subsections (a), (c), (f) and (g) of section 310B
of the Consolidated Farm and Rural Development Act,
$66,500,000, to remain available until expended: Provided,
That of the amount appropriated under this heading, not to
exceed $500,000 shall be made available for one grant to a
qualified national organization to provide technical assistance
for rural transportation in order to promote economic
development and $9,000,000 shall be for grants to the Delta
Regional Authority (7 U.S.C. 2009aa et seq.), the Northern
Border Regional Commission (40 U.S.C. 15101 et seq.), and the
Appalachian Regional Commission (40 U.S.C. 14101 et seq.) for
any Rural Community Advancement Program purpose as described in
section 381E(d) of the Consolidated Farm and Rural Development
Act, of which not more than 5 percent may be used for
administrative expenses: Provided further, That $4,000,000 of
the amount appropriated under this heading shall be for
business grants to benefit Federally Recognized Native American
Tribes, including $250,000 for a grant to a qualified national
organization to provide technical assistance for rural
transportation in order to promote economic development:
Provided further, That sections 381E-H and 381N of the
Consolidated Farm and Rural Development Act are not applicable
to funds made available under this heading.
intermediary relending program fund account
(including transfer of funds)
For the principal amount of direct loans, as authorized by
the Intermediary Relending Program Fund Account (7 U.S.C.
1936b), $18,889,000.
For the cost of direct loans, $5,219,000, as authorized by
the Intermediary Relending Program Fund Account (7 U.S.C.
1936b), of which $557,000 shall be available through June 30,
2020, for Federally Recognized Native American Tribes; and of
which $1,072,000 shall be available through June 30, 2020, for
Mississippi Delta Region counties (as determined in accordance
with Public Law 100-460): Provided, That such costs, including
the cost of modifying such loans, shall be as defined in
section 502 of the Congressional Budget Act of 1974.
In addition, for administrative expenses to carry out the
direct loan programs, $4,468,000 shall be transferred to and
merged with the appropriation for ``Rural Development, Salaries
and Expenses''.
rural economic development loans program account
For the principal amount of direct loans, as authorized under
section 313B(a) of the Rural Electrification Act, for the
purpose of promoting rural economic development and job
creation projects, $50,000,000.
The cost of grants authorized under section 313B(a) of the
Rural Electrification Act, for the purpose of promoting rural
economic development and job creation projects shall not exceed
$10,000,000.
rural cooperative development grants
For rural cooperative development grants authorized under
section 310B(e) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1932), $26,600,000, of which $2,800,000 shall be
for cooperative agreements for the appropriate technology
transfer for rural areas program: Provided, That not to exceed
$3,000,000 shall be for grants for cooperative development
centers, individual cooperatives, or groups of cooperatives
that serve socially disadvantaged groups and a majority of the
boards of directors or governing boards of which are comprised
of individuals who are members of socially disadvantaged
groups; and of which $15,000,000, to remain available until
expended, shall be for value-added agricultural product market
development grants, as authorized by section 210A of the
Agricultural Marketing Act of 1946, of which $3,000,000, to
remain available until expended, shall be for Agriculture
Innovation Centers authorized pursuant to section 6402 of
Public Law 107-171.
rural microentrepreneur assistance program
For the cost of loans and grants, $6,000,000 under the same
terms and conditions as authorized by section 379E of the
Consolidated Farm and Rural Development Act (7 U.S.C. 2008s):
Provided, That such costs of loans, including the cost of
modifying such loans, shall be defined in section 502 of the
Congressional Budget Act of 1974.
rural energy for america program
For the cost of a program of loan guarantees, under the same
terms and conditions as authorized by section 9007 of the Farm
Security and Rural Investment Act of 2002 (7 U.S.C. 8107),
$706,000: Provided, That the cost of loan guarantees,
including the cost of modifying such loans, shall be as defined
in section 502 of the Congressional Budget Act of 1974.
Rural Utilities Service
rural water and waste disposal program account
(including transfers of funds)
For the cost of direct loans, loan guarantees and grants for
rural water, waste water, waste disposal, and solid waste
management programs authorized by sections 306, 306A, 306C,
306D, 306E, and 310B and described in sections 306C(a)(2),
306D, 306E, and 381E(d)(2) of the Consolidated Farm and Rural
Development Act, $659,480,000, to remain available until
expended, of which not to exceed $1,000,000 shall be available
for the rural utilities program described in section
306(a)(2)(B) of such Act, and of which not to exceed $5,000,000
shall be available for the rural utilities program described in
section 306E of such Act: Provided, That not to exceed
$15,000,000 of the amount appropriated under this heading shall
be for grants authorized by section 306A(i)(2) of the
Consolidated Farm and Rural Development Act in addition to
funding authorized by section 306A(i)(1) of such Act: Provided
further, That $68,000,000 of the amount appropriated under this
heading shall be for loans and grants including water and waste
disposal systems grants authorized by section 306C(a)(2)(B) and
section 306D of the Consolidated Farm and Rural Development
Act, and Federally Recognized Native American Tribes authorized
by 306C(a)(1) of such Act: Provided further, That funding
provided for section 306D of the Consolidated Farm and Rural
Development Act may be provided to a consortium formed pursuant
to section 325 of Public Law 105-83: Provided further, That
not more than 2 percent of the funding provided for section
306D of the Consolidated Farm and Rural Development Act may be
used by the State of Alaska for training and technical
assistance programs and not more than 2 percent of the funding
provided for section 306D of the Consolidated Farm and Rural
Development Act may be used by a consortium formed pursuant to
section 325 of Public Law 105-83 for training and technical
assistance programs: Provided further, That not to exceed
$30,000,000 of the amount appropriated under this heading shall
be for technical assistance grants for rural water and waste
systems pursuant to section 306(a)(14) of such Act, unless the
Secretary makes a determination of extreme need, of which
$8,000,000 shall be made available for a grant to a qualified
nonprofit multi-State regional technical assistance
organization, with experience in working with small communities
on water and waste water problems, the principal purpose of
such grant shall be to assist rural communities with
populations of 3,300 or less, in improving the planning,
financing, development, operation, and management of water and
waste water systems, and of which not less than $800,000 shall
be for a qualified national Native American organization to
provide technical assistance for rural water systems for tribal
communities: Provided further, That not to exceed $19,570,000
of the amount appropriated under this heading shall be for
contracting with qualified national organizations for a circuit
rider program to provide technical assistance for rural water
systems: Provided further, That not to exceed $4,000,000 shall
be for solid waste management grants: Provided further, That
$10,000,000 of the amount appropriated under this heading shall
be transferred to, and merged with, the Rural Utilities
Service, High Energy Cost Grants Account to provide grants
authorized under section 19 of the Rural Electrification Act of
1936 (7 U.S.C. 918a): Provided further, That any prior year
balances for high-energy cost grants authorized by section 19
of the Rural Electrification Act of 1936 (7 U.S.C. 918a) shall
be transferred to and merged with the Rural Utilities Service,
High Energy Cost Grants Account: Provided further, That
sections 381E-H and 381N of the Consolidated Farm and Rural
Development Act are not applicable to the funds made available
under this heading.
rural electrification and telecommunications loans program account
(including transfer of funds)
The principal amount of direct and guaranteed loans as
authorized by sections 305, 306, and 317 of the Rural
Electrification Act of 1936 (7 U.S.C. 935, 936, and 940g) shall
be made as follows: loans made pursuant to sections 305, 306,
and 317, notwithstanding 317(c), of that Act, rural electric,
$5,500,000,000; guaranteed underwriting loans pursuant to
section 313A of that Act, $750,000,000; 5 percent rural
telecommunications loans, cost of money rural
telecommunications loans, and for loans made pursuant to
section 306 of that Act, rural telecommunications loans,
$690,000,000: Provided, That up to $2,000,000,000 shall be
used for the construction, acquisition, design and engineering
or improvement of fossil-fueled electric generating plants
(whether new or existing) that utilize carbon subsurface
utilization and storage systems.
For the cost of direct loans as authorized by section 305 of
the Rural Electrification Act of 1936 (7 U.S.C. 935), including
the cost of modifying loans, as defined in section 502 of the
Congressional Budget Act of 1974, cost of money rural
telecommunications loans, $3,795,000.
In addition, for administrative expenses necessary to carry
out the direct and guaranteed loan programs, $33,270,000, which
shall be transferred to and merged with the appropriation for
``Rural Development, Salaries and Expenses''.
distance learning, telemedicine, and broadband program
For the principal amount of broadband telecommunication
loans, $11,179,000.
For grants for telemedicine and distance learning services in
rural areas, as authorized by 7 U.S.C. 950aaa et seq.,
$50,000,000, to remain available until expended: Provided,
That $3,000,000 shall be made available for grants authorized
by 379G of the Consolidated Farm and Rural Development Act:
Provided further, That funding provided under this heading for
grants under 379G of the Consolidated Farm and Rural
Development Act may only be provided to entities that meet all
of the eligibility criteria for a consortium as established by
this section.
For the cost of broadband loans, as authorized by section 601
of the Rural Electrification Act, $2,000,000, to remain
available until expended: Provided, That the cost of direct
loans shall be as defined in section 502 of the Congressional
Budget Act of 1974.
In addition, $35,000,000, to remain available until expended,
for a grant program to finance broadband transmission in rural
areas eligible for Distance Learning and Telemedicine Program
benefits authorized by 7 U.S.C. 950aaa et seq.
TITLE IV
DOMESTIC FOOD PROGRAMS
Office of the Under Secretary for Food, Nutrition, and Consumer
Services
For necessary expenses of the Office of the Under Secretary
for Food, Nutrition, and Consumer Services, $800,000:
Provided, That funds made available by this Act to an agency in
the Food, Nutrition and Consumer Services mission area for
salaries and expenses are available to fund up to one
administrative support staff for the Office.
Food and Nutrition Service
child nutrition programs
(including transfers of funds)
For necessary expenses to carry out the Richard B. Russell
National School Lunch Act (42 U.S.C. 1751 et seq.), except
section 21, and the Child Nutrition Act of 1966 (42 U.S.C. 1771
et seq.), except sections 17 and 21; $23,615,098,000 to remain
available through September 30, 2021, of which such sums as are
made available under section 14222(b)(1) of the Food,
Conservation, and Energy Act of 2008 (Public Law 110-246), as
amended by this Act, shall be merged with and available for the
same time period and purposes as provided herein: Provided,
That of the total amount available, $18,004,000 shall be
available to carry out section 19 of the Child Nutrition Act of
1966 (42 U.S.C. 1771 et seq.): Provided further, That of the
total amount available, $14,999,000 shall be available to carry
out studies and evaluations and shall remain available until
expended: Provided further, That of the total amount
available, $30,000,000 shall be available to provide
competitive grants to State agencies for subgrants to local
educational agencies and schools to purchase the equipment,
with a value of greater than $1,000, needed to serve healthier
meals, improve food safety, and to help support the
establishment, maintenance, or expansion of the school
breakfast program: Provided further, That of the total amount
available, $35,000,000 shall remain available until expended to
carry out section 749(g) of the Agriculture Appropriations Act
of 2010 (Public Law 111-80): Provided further, That section
26(d) of the Richard B. Russell National School Lunch Act (42
U.S.C. 1769g(d)) is amended in the first sentence by striking
``2010 through 2019'' and inserting ``2010 through 2021'':
Provided further, That section 9(h)(3) of the Richard B.
Russell National School Lunch Act (42 U.S.C. 1758(h)(3)) is
amended in the first sentence by striking ``For fiscal year
2019'' and inserting ``For fiscal year 2020'': Provided
further, That section 9(h)(4) of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1758(h)(4)) is amended in
the first sentence by striking ``For fiscal year 2019'' and
inserting ``For fiscal year 2020''.
special supplemental nutrition program for women, infants, and children
(wic)
For necessary expenses to carry out the special supplemental
nutrition program as authorized by section 17 of the Child
Nutrition Act of 1966 (42 U.S.C. 1786), $6,000,000,000, to
remain available through September 30, 2021: Provided, That
notwithstanding section 17(h)(10) of the Child Nutrition Act of
1966 (42 U.S.C. 1786(h)(10)), not less than $90,000,000 shall
be used for breastfeeding peer counselors and other related
activities, and $14,000,000 shall be used for infrastructure:
Provided further, That none of the funds provided in this
account shall be available for the purchase of infant formula
except in accordance with the cost containment and competitive
bidding requirements specified in section 17 of such Act:
Provided further, That none of the funds provided shall be
available for activities that are not fully reimbursed by other
Federal Government departments or agencies unless authorized by
section 17 of such Act: Provided further, That upon
termination of a federally mandated vendor moratorium and
subject to terms and conditions established by the Secretary,
the Secretary may waive the requirement at 7 CFR 246.12(g)(6)
at the request of a State agency.
supplemental nutrition assistance program
For necessary expenses to carry out the Food and Nutrition
Act of 2008 (7 U.S.C. 2011 et seq.), $67,886,285,000, of which
$3,000,000,000, to remain available through September 30, 2022,
shall be placed in reserve for use only in such amounts and at
such times as may become necessary to carry out program
operations: Provided, That funds provided herein shall be
expended in accordance with section 16 of the Food and
Nutrition Act of 2008: Provided further, That of the funds
made available under this heading, $998,000 may be used to
provide nutrition education services to State agencies and
Federally Recognized Tribes participating in the Food
Distribution Program on Indian Reservations: Provided further,
That this appropriation shall be subject to any work
registration or workfare requirements as may be required by
law: Provided further, That funds made available for
Employment and Training under this heading shall remain
available through September 30, 2021: Provided further, That
funds made available under this heading for section 28(d)(1),
section 4(b), and section 27(a) of the Food and Nutrition Act
of 2008 shall remain available through September 30, 2021:
Provided further, That none of the funds made available under
this heading may be obligated or expended in contravention of
section 213A of the Immigration and Nationality Act (8 U.S.C.
1183A): Provided further, That funds made available under this
heading may be used to enter into contracts and employ staff to
conduct studies, evaluations, or to conduct activities related
to program integrity provided that such activities are
authorized by the Food and Nutrition Act of 2008.
commodity assistance program
For necessary expenses to carry out disaster assistance and
the Commodity Supplemental Food Program as authorized by
section 4(a) of the Agriculture and Consumer Protection Act of
1973 (7 U.S.C. 612c note); the Emergency Food Assistance Act of
1983; special assistance for the nuclear affected islands, as
authorized by section 103(f)(2) of the Compact of Free
Association Amendments Act of 2003 (Public Law 108-188); and
the Farmers' Market Nutrition Program, as authorized by section
17(m) of the Child Nutrition Act of 1966, $344,248,000, to
remain available through September 30, 2021: Provided, That
none of these funds shall be available to reimburse the
Commodity Credit Corporation for commodities donated to the
program: Provided further, That notwithstanding any other
provision of law, effective with funds made available in fiscal
year 2020 to support the Seniors Farmers' Market Nutrition
Program, as authorized by section 4402 of the Farm Security and
Rural Investment Act of 2002, such funds shall remain available
through September 30, 2021: Provided further, That of the
funds made available under section 27(a) of the Food and
Nutrition Act of 2008 (7 U.S.C. 2036(a)), the Secretary may use
up to 20 percent for costs associated with the distribution of
commodities.
nutrition programs administration
For necessary administrative expenses of the Food and
Nutrition Service for carrying out any domestic nutrition
assistance program, $155,891,000: Provided, That of the funds
provided herein, $2,000,000 shall be used for the purposes of
section 4404 of Public Law 107-171, as amended by section 4401
of Public Law 110-246.
TITLE V
FOREIGN ASSISTANCE AND RELATED PROGRAMS
Office of the Under Secretary for Trade and Foreign Agricultural
Affairs
For necessary expenses of the Office of the Under Secretary
for Trade and Foreign Agricultural Affairs, $875,000:
Provided, That funds made available by this Act to any agency
in the Trade and Foreign Agricultural Affairs mission area for
salaries and expenses are available to fund up to one
administrative support staff for the Office.
office of codex alimentarius
For necessary expenses of the Office of Codex Alimentarius,
$4,775,000, including not to exceed $40,000 for official
reception and representation expenses.
Foreign Agricultural Service
salaries and expenses
(including transfers of funds)
For necessary expenses of the Foreign Agricultural Service,
including not to exceed $250,000 for representation allowances
and for expenses pursuant to section 8 of the Act approved
August 3, 1956 (7 U.S.C. 1766), $215,513,000, of which no more
than 6 percent shall remain available until September 30, 2021,
for overseas operations to include the payment of locally
employed staff: Provided, That the Service may utilize
advances of funds, or reimburse this appropriation for
expenditures made on behalf of Federal agencies, public and
private organizations and institutions under agreements
executed pursuant to the agricultural food production
assistance programs (7 U.S.C. 1737) and the foreign assistance
programs of the United States Agency for International
Development: Provided further, That funds made available for
middle-income country training programs, funds made available
for the Borlaug International Agricultural Science and
Technology Fellowship program, and up to $2,000,000 of the
Foreign Agricultural Service appropriation solely for the
purpose of offsetting fluctuations in international currency
exchange rates, subject to documentation by the Foreign
Agricultural Service, shall remain available until expended.
food for peace title i direct credit and food for progress program
account
(including transfer of funds)
For administrative expenses to carry out the credit program
of title I, Food for Peace Act (Public Law 83-480) and the Food
for Progress Act of 1985, $142,000, shall be transferred to and
merged with the appropriation for ``Farm Service Agency,
Salaries and Expenses''.
food for peace title ii grants
For expenses during the current fiscal year, not otherwise
recoverable, and unrecovered prior years' costs, including
interest thereon, under the Food for Peace Act (Public Law 83-
480), for commodities supplied in connection with dispositions
abroad under title II of said Act, $1,725,000,000, to remain
available until expended.
mcgovern-dole international food for education and child nutrition
program grants
For necessary expenses to carry out the provisions of section
3107 of the Farm Security and Rural Investment Act of 2002 (7
U.S.C. 1736o-1), $220,000,000, to remain available until
expended: Provided, That the Commodity Credit Corporation is
authorized to provide the services, facilities, and authorities
for the purpose of implementing such section, subject to
reimbursement from amounts provided herein: Provided further,
That of the amount made available under this heading, not more
than 10 percent, but not less than $20,000,000, shall remain
available until expended to purchase agricultural commodities
as described in subsection 3107(a)(2) of the Farm Security and
Rural Investment Act of 2002 (7 U.S.C. 1736o-1(a)(2)).
commodity credit corporation export (loans) credit guarantee program
account
(including transfers of funds)
For administrative expenses to carry out the Commodity Credit
Corporation's Export Guarantee Program, GSM 102 and GSM 103,
$6,381,000, to cover common overhead expenses as permitted by
section 11 of the Commodity Credit Corporation Charter Act and
in conformity with the Federal Credit Reform Act of 1990, of
which $6,063,000 shall be transferred to and merged with the
appropriation for ``Foreign Agricultural Service, Salaries and
Expenses'', and of which $318,000 shall be transferred to and
merged with the appropriation for ``Farm Service Agency,
Salaries and Expenses''.
TITLE VI
RELATED AGENCIES AND FOOD AND DRUG ADMINISTRATION
Department of Health and Human Services
food and drug administration
salaries and expenses
For necessary expenses of the Food and Drug Administration,
including hire and purchase of passenger motor vehicles; for
payment of space rental and related costs pursuant to Public
Law 92-313 for programs and activities of the Food and Drug
Administration which are included in this Act; for rental of
special purpose space in the District of Columbia or elsewhere;
in addition to amounts appropriated to the FDA Innovation
Account, for carrying out the activities described in section
1002(b)(4) of the 21st Century Cures Act (Public Law 114-255);
for miscellaneous and emergency expenses of enforcement
activities, authorized and approved by the Secretary and to be
accounted for solely on the Secretary's certificate, not to
exceed $25,000; and notwithstanding section 521 of Public Law
107-188; $5,772,442,000: Provided, That of the amount provided
under this heading, $1,074,714,000 shall be derived from
prescription drug user fees authorized by 21 U.S.C. 379h, and
shall be credited to this account and remain available until
expended; $220,142,000 shall be derived from medical device
user fees authorized by 21 U.S.C. 379j, and shall be credited
to this account and remain available until expended;
$513,223,000 shall be derived from human generic drug user fees
authorized by 21 U.S.C. 379j-42, and shall be credited to this
account and remain available until expended; $41,923,000 shall
be derived from biosimilar biological product user fees
authorized by 21 U.S.C. 379j-52, and shall be credited to this
account and remain available until expended; $30,611,000 shall
be derived from animal drug user fees authorized by 21 U.S.C.
379j-12, and shall be credited to this account and remain
available until expended; $20,151,000 shall be derived from
generic new animal drug user fees authorized by 21 U.S.C. 379j-
21, and shall be credited to this account and remain available
until expended; $712,000,000 shall be derived from tobacco
product user fees authorized by 21 U.S.C. 387s, and shall be
credited to this account and remain available until expended:
Provided further, That in addition to and notwithstanding any
other provision under this heading, amounts collected for
prescription drug user fees, medical device user fees, human
generic drug user fees, biosimilar biological product user
fees, animal drug user fees, and generic new animal drug user
fees that exceed the respective fiscal year 2020 limitations
are appropriated and shall be credited to this account and
remain available until expended: Provided further, That fees
derived from prescription drug, medical device, human generic
drug, biosimilar biological product, animal drug, and generic
new animal drug assessments for fiscal year 2020, including any
such fees collected prior to fiscal year 2020 but credited for
fiscal year 2020, shall be subject to the fiscal year 2020
limitations: Provided further, That the Secretary may accept
payment during fiscal year 2020 of user fees specified under
this heading and authorized for fiscal year 2021, prior to the
due date for such fees, and that amounts of such fees assessed
for fiscal year 2021 for which the Secretary accepts payment in
fiscal year 2020 shall not be included in amounts under this
heading: Provided further, That none of these funds shall be
used to develop, establish, or operate any program of user fees
authorized by 31 U.S.C. 9701: Provided further, That of the
total amount appropriated: (1) $1,088,881,000 shall be for the
Center for Food Safety and Applied Nutrition and related field
activities in the Office of Regulatory Affairs, of which no
less than $15,000,000 shall be used for inspections of foreign
seafood manufacturers and field examinations of imported
seafood; (2) $1,972,093,000 shall be for the Center for Drug
Evaluation and Research and related field activities in the
Office of Regulatory Affairs; (3) $419,302,000 shall be for the
Center for Biologics Evaluation and Research and for related
field activities in the Office of Regulatory Affairs; (4)
$237,741,000 shall be for the Center for Veterinary Medicine
and for related field activities in the Office of Regulatory
Affairs; (5) $581,761,000 shall be for the Center for Devices
and Radiological Health and for related field activities in the
Office of Regulatory Affairs; (6) $66,712,000 shall be for the
National Center for Toxicological Research; (7) $661,739,000
shall be for the Center for Tobacco Products and for related
field activities in the Office of Regulatory Affairs; (8)
$186,399,000 shall be for Rent and Related activities, of which
$53,913,000 is for White Oak Consolidation, other than the
amounts paid to the General Services Administration for rent;
(9) $239,717,000 shall be for payments to the General Services
Administration for rent; and (10) $318,097,000 shall be for
other activities, including the Office of the Commissioner of
Food and Drugs, the Office of Foods and Veterinary Medicine,
the Office of Medical and Tobacco Products, the Office of
Global and Regulatory Policy, the Office of Operations, the
Office of the Chief Scientist, and central services for these
offices: Provided further, That not to exceed $25,000 of this
amount shall be for official reception and representation
expenses, not otherwise provided for, as determined by the
Commissioner: Provided further, That any transfer of funds
pursuant to section 770(n) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 379dd(n)) shall only be from amounts
made available under this heading for other activities:
Provided further, That of the amounts that are made available
under this heading for ``other activities'', and that are not
derived from user fees, $1,500,000 shall be transferred to and
merged with the appropriation for ``Department of Health and
Human Services--Office of Inspector General'' for oversight of
the programs and operations of the Food and Drug Administration
and shall be in addition to funds otherwise made available for
oversight of the Food and Drug Administration: Provided
further, That funds may be transferred from one specified
activity to another with the prior approval of the Committees
on Appropriations of both Houses of Congress.
In addition, mammography user fees authorized by 42 U.S.C.
263b, export certification user fees authorized by 21 U.S.C.
381, priority review user fees authorized by 21 U.S.C. 360n and
360ff, food and feed recall fees, food reinspection fees, and
voluntary qualified importer program fees authorized by 21
U.S.C. 379j-31, outsourcing facility fees authorized by 21
U.S.C. 379j-62, prescription drug wholesale distributor
licensing and inspection fees authorized by 21 U.S.C.
353(e)(3), third-party logistics provider licensing and
inspection fees authorized by 21 U.S.C. 360eee-3(c)(1), third-
party auditor fees authorized by 21 U.S.C. 384d(c)(8), and
medical countermeasure priority review voucher user fees
authorized by 21 U.S.C. 360bbb-4a, and, contingent upon the
enactment of the Over-the-Counter Monograph User Fee Act of
2019, fees relating to over-the-counter monograph drugs
authorized by part 10 of subchapter C of Chapter VII of the
Federal Food, Drug and Cosmetic Act shall be credited to this
account, to remain available until expended.
buildings and facilities
For plans, construction, repair, improvement, extension,
alteration, demolition, and purchase of fixed equipment or
facilities of or used by the Food and Drug Administration,
where not otherwise provided, $11,788,000, to remain available
until expended.
fda innovation account, cures act
(including transfer of funds)
For necessary expenses to carry out the purposes described
under section 1002(b)(4) of the 21st Century Cures Act, in
addition to amounts available for such purposes under the
heading ``Salaries and Expenses'', $75,000,000, to remain
available until expended: Provided, That amounts appropriated
in this paragraph are appropriated pursuant to section
1002(b)(3) of the 21st Century Cures Act, are to be derived
from amounts transferred under section 1002(b)(2)(A) of such
Act, and may be transferred by the Commissioner of Food and
Drugs to the appropriation for ``Department of Health and Human
Services Food and Drug Administration Salaries and Expenses''
solely for the purposes provided in such Act: Provided
further, That upon a determination by the Commissioner that
funds transferred pursuant to the previous proviso are not
necessary for the purposes provided, such amounts may be
transferred back to the account: Provided further, That such
transfer authority is in addition to any other transfer
authority provided by law.
INDEPENDENT AGENCIES
Commodity Futures Trading Commission
For necessary expenses to carry out the provisions of the
Commodity Exchange Act (7 U.S.C. 1 et seq.), including the
purchase and hire of passenger motor vehicles, and the rental
of space (to include multiple year leases), in the District of
Columbia and elsewhere, $284,000,000, including not to exceed
$3,000 for official reception and representation expenses, and
not to exceed $25,000 for the expenses for consultations and
meetings hosted by the Commission with foreign governmental and
other regulatory officials, of which not less than $20,000,000
shall remain available until September 30, 2021, and of which
not less than $3,200,000 shall be for expenses of the Office of
the Inspector General: Provided, That notwithstanding the
limitations in 31 U.S.C. 1553, amounts provided under this
heading are available for the liquidation of obligations equal
to current year payments on leases entered into prior to the
date of enactment of this Act: Provided further, That for the
purpose of recording and liquidating any lease obligations that
should have been recorded and liquidated against accounts
closed pursuant to 31 U.S.C. 1552, and consistent with the
preceding proviso, such amounts shall be transferred to and
recorded in a no-year account in the Treasury, which has been
established for the sole purpose of recording adjustments for
and liquidating such unpaid obligations.
In addition, for move, replication, and related costs
associated with replacement leases for the Commission's
facilities, not to exceed $31,000,000, to remain available
until expended.
Farm Credit Administration
limitation on administrative expenses
Not to exceed $77,000,000 (from assessments collected from
farm credit institutions, including the Federal Agricultural
Mortgage Corporation) shall be obligated during the current
fiscal year for administrative expenses as authorized under 12
U.S.C. 2249: Provided, That this limitation shall not apply to
expenses associated with receiverships: Provided further, That
the agency may exceed this limitation by up to 10 percent with
notification to the Committees on Appropriations of both Houses
of Congress: Provided further, That the purposes of section
3.7(b)(2)(A)(i) of the Farm Credit Act of 1971 (12 U.S.C.
2128(b)(2)(A)(i)), the Farm Credit Administration may exempt,
an amount in its sole discretion, from the application of the
limitation provided in that clause of export loans described in
the clause guaranteed or insured in a manner other than
described in subclause (II) of the clause.
TITLE VII
GENERAL PROVISIONS
(including rescissions and transfers of funds)
Sec. 701. The Secretary may use any appropriations made
available to the Department of Agriculture in this Act to
purchase new passenger motor vehicles, in addition to specific
appropriations for this purpose, so long as the total number of
vehicles purchased in fiscal year 2020 does not exceed the
number of vehicles owned or leased in fiscal year 2018:
Provided, That, prior to purchasing additional motor vehicles,
the Secretary must determine that such vehicles are necessary
for transportation safety, to reduce operational costs, and for
the protection of life, property, and public safety: Provided
further, That the Secretary may not increase the Department of
Agriculture's fleet above the 2018 level unless the Secretary
notifies in writing, and receives approval from, the Committees
on Appropriations of both Houses of Congress within 30 days of
the notification.
Sec. 702. Notwithstanding any other provision of this Act,
the Secretary of Agriculture may transfer unobligated balances
of discretionary funds appropriated by this Act or any other
available unobligated discretionary balances that are remaining
available of the Department of Agriculture to the Working
Capital Fund for the acquisition of plant and capital equipment
necessary for the delivery of financial, administrative, and
information technology services of primary benefit to the
agencies of the Department of Agriculture, such transferred
funds to remain available until expended: Provided, That none
of the funds made available by this Act or any other Act shall
be transferred to the Working Capital Fund without the prior
approval of the agency administrator: Provided further, That
none of the funds transferred to the Working Capital Fund
pursuant to this section shall be available for obligation
without written notification to and the prior approval of the
Committees on Appropriations of both Houses of Congress:
Provided further, That none of the funds appropriated by this
Act or made available to the Department's Working Capital Fund
shall be available for obligation or expenditure to make any
changes to the Department's National Finance Center without
written notification to and prior approval of the Committees on
Appropriations of both Houses of Congress as required by
section 716 of this Act: Provided further, That none of the
funds appropriated by this Act or made available to the
Department's Working Capital Fund shall be available for
obligation or expenditure to initiate, plan, develop,
implement, or make any changes to remove or relocate any
systems, missions, or functions of the offices of the Chief
Financial Officer or any personnel from the National Finance
Center prior to written notification to and prior approval of
the Committee on Appropriations of both Houses of Congress and
in accordance with the requirements of section 716 of this Act:
Provided further, That the Secretary of Agriculture and the
offices of the Chief Financial Officer shall actively market to
existing and new Departments and other government agencies
National Finance Center shared services including, but not
limited to, payroll, financial management, and human capital
shared services and allow the National Finance Center to
perform technology upgrades: Provided further, That of annual
income amounts in the Working Capital Fund of the Department of
Agriculture attributable to the amounts in excess of the true
costs of the shared services provided by the National Finance
Center and budgeted for the National Finance Center, the
Secretary shall reserve not more than 4 percent for the
replacement or acquisition of capital equipment, including
equipment for the improvement, delivery, and implementation of
financial, administrative, and information technology services,
and other systems of the National Finance Center or to pay any
unforeseen, extraordinary cost of the National Finance Center:
Provided further, That none of the amounts reserved shall be
available for obligation unless the Secretary submits written
notification of the obligation to the Committees on
Appropriations of both Houses of Congress: Provided further,
That the limitations on the obligation of funds pending
notification to Congressional Committees shall not apply to any
obligation that, as determined by the Secretary, is necessary
to respond to a declared state of emergency that significantly
impacts the operations of the National Finance Center; or to
evacuate employees of the National Finance Center to a safe
haven to continue operations of the National Finance Center.
Sec. 703. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal
year unless expressly so provided herein.
Sec. 704. No funds appropriated by this Act may be used to
pay negotiated indirect cost rates on cooperative agreements or
similar arrangements between the United States Department of
Agriculture and nonprofit institutions in excess of 10 percent
of the total direct cost of the agreement when the purpose of
such cooperative arrangements is to carry out programs of
mutual interest between the two parties. This does not preclude
appropriate payment of indirect costs on grants and contracts
with such institutions when such indirect costs are computed on
a similar basis for all agencies for which appropriations are
provided in this Act.
Sec. 705. Appropriations to the Department of Agriculture
for the cost of direct and guaranteed loans made available in
the current fiscal year shall remain available until expended
to disburse obligations made in the current fiscal year for the
following accounts: the Rural Development Loan Fund program
account, the Rural Electrification and Telecommunication Loans
program account, and the Rural Housing Insurance Fund program
account.
Sec. 706. None of the funds made available to the Department
of Agriculture by this Act may be used to acquire new
information technology systems or significant upgrades, as
determined by the Office of the Chief Information Officer,
without the approval of the Chief Information Officer and the
concurrence of the Executive Information Technology Investment
Review Board: Provided, That notwithstanding any other
provision of law, none of the funds appropriated or otherwise
made available by this Act may be transferred to the Office of
the Chief Information Officer without written notification to
and the prior approval of the Committees on Appropriations of
both Houses of Congress: Provided further, That,
notwithstanding section 11319 of title 40, United States Code,
none of the funds available to the Department of Agriculture
for information technology shall be obligated for projects,
contracts, or other agreements over $25,000 prior to receipt of
written approval by the Chief Information Officer: Provided
further, That the Chief Information Officer may authorize an
agency to obligate funds without written approval from the
Chief Information Officer for projects, contracts, or other
agreements up to $250,000 based upon the performance of an
agency measured against the performance plan requirements
described in the explanatory statement accompanying Public Law
113-235.
Sec. 707. Funds made available under section 524(b) of the
Federal Crop Insurance Act (7 U.S.C. 1524(b)) in the current
fiscal year shall remain available until expended to disburse
obligations made in the current fiscal year.
Sec. 708. Notwithstanding any other provision of law, any
former RUS borrower that has repaid or prepaid an insured,
direct or guaranteed loan under the Rural Electrification Act
of 1936, or any not-for-profit utility that is eligible to
receive an insured or direct loan under such Act, shall be
eligible for assistance under section 313B(a) of such Act in
the same manner as a borrower under such Act.
Sec. 709. (a) Except as otherwise specifically provided by
law, not more than $20,000,000 in unobligated balances from
appropriations made available for salaries and expenses in this
Act for the Farm Service Agency shall remain available through
September 30, 2021, for information technology expenses.
(b) Except as otherwise specifically provided by law, not
more than $20,000,000 in unobligated balances from
appropriations made available for salaries and expenses in this
Act for the Rural Development mission area shall remain
available through September 30, 2021, for information
technology expenses.
Sec. 710. None of the funds appropriated or otherwise made
available by this Act may be used for first-class travel by the
employees of agencies funded by this Act in contravention of
sections 301-10.122 through 301-10.124 of title 41, Code of
Federal Regulations.
Sec. 711. In the case of each program established or amended
by the Agricultural Act of 2014 (Public Law 113-79) or by a
successor to that Act, other than by title I or subtitle A of
title III of such Act, or programs for which indefinite amounts
were provided in that Act, that is authorized or required to be
carried out using funds of the Commodity Credit Corporation--
(1) such funds shall be available for salaries and
related administrative expenses, including technical
assistance, associated with the implementation of the
program, without regard to the limitation on the total
amount of allotments and fund transfers contained in
section 11 of the Commodity Credit Corporation Charter
Act (15 U.S.C. 714i); and
(2) the use of such funds for such purpose shall not
be considered to be a fund transfer or allotment for
purposes of applying the limitation on the total amount
of allotments and fund transfers contained in such
section.
Sec. 712. Of the funds made available by this Act, not more
than $2,900,000 shall be used to cover necessary expenses of
activities related to all advisory committees, panels,
commissions, and task forces of the Department of Agriculture,
except for panels used to comply with negotiated rule makings
and panels used to evaluate competitively awarded grants.
Sec. 713. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network unless
such network blocks the viewing, downloading, and exchanging of
pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law
enforcement agency or any other entity carrying out criminal
investigations, prosecution, or adjudication activities.
Sec. 714. Notwithstanding subsection (b) of section 14222 of
Public Law 110-246 (7 U.S.C. 612c-6; in this section referred
to as ``section 14222''), none of the funds appropriated or
otherwise made available by this or any other Act shall be used
to pay the salaries and expenses of personnel to carry out a
program under section 32 of the Act of August 24, 1935 (7
U.S.C. 612c; in this section referred to as ``section 32'') in
excess of $1,331,725,000 (exclusive of carryover appropriations
from prior fiscal years), as follows: Child Nutrition Programs
Entitlement Commodities--$485,000,000; State Option Contracts--
$5,000,000; Removal of Defective Commodities--$2,500,000;
Administration of Section 32 Commodity Purchases--$35,853,000:
Provided, That of the total funds made available in the matter
preceding this proviso that remain unobligated on October 1,
2020, such unobligated balances shall carryover into fiscal
year 2021 and shall remain available until expended for any of
the purposes of section 32, except that any such carryover
funds used in accordance with clause (3) of section 32 may not
exceed $350,000,000 and may not be obligated until the
Secretary of Agriculture provides written notification of the
expenditures to the Committees on Appropriations of both Houses
of Congress at least two weeks in advance: Provided further,
That, with the exception of any available carryover funds
authorized in any prior appropriations Act to be used for the
purposes of clause (3) of section 32, none of the funds
appropriated or otherwise made available by this or any other
Act shall be used to pay the salaries or expenses of any
employee of the Department of Agriculture to carry out clause
(3) of section 32.
Sec. 715. None of the funds appropriated by this or any
other Act shall be used to pay the salaries and expenses of
personnel who prepare or submit appropriations language as part
of the President's budget submission to the Congress for
programs under the jurisdiction of the Appropriations
Subcommittees on Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies that assumes revenues or
reflects a reduction from the previous year due to user fees
proposals that have not been enacted into law prior to the
submission of the budget unless such budget submission
identifies which additional spending reductions should occur in
the event the user fees proposals are not enacted prior to the
date of the convening of a committee of conference for the
fiscal year 2021 appropriations Act.
Sec. 716. (a) None of the funds provided by this Act, or
provided by previous appropriations Acts to the agencies funded
by this Act that remain available for obligation or expenditure
in the current fiscal year, or provided from any accounts in
the Treasury derived by the collection of fees available to the
agencies funded by this Act, shall be available for obligation
or expenditure through a reprogramming, transfer of funds, or
reimbursements as authorized by the Economy Act, or in the case
of the Department of Agriculture, through use of the authority
provided by section 702(b) of the Department of Agriculture
Organic Act of 1944 (7 U.S.C. 2257) or section 8 of Public Law
89-106 (7 U.S.C. 2263), that--
(1) creates new programs;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for any
project or activity for which funds have been denied or
restricted;
(4) relocates an office or employees;
(5) reorganizes offices, programs, or activities; or
(6) contracts out or privatizes any functions or
activities presently performed by Federal employees;
unless the Secretary of Agriculture, the Chairman of the
Commodity Futures Trading Commission, or the Secretary of
Health and Human Services (as the case may be) notifies in
writing and receives approval from the Committees on
Appropriations of both Houses of Congress at least 30 days in
advance of the reprogramming of such funds or the use of such
authority.
(b) None of the funds provided by this Act, or provided by
previous Appropriations Acts to the agencies funded by this Act
that remain available for obligation or expenditure in the
current fiscal year, or provided from any accounts in the
Treasury derived by the collection of fees available to the
agencies funded by this Act, shall be available for obligation
or expenditure for activities, programs, or projects through a
reprogramming or use of the authorities referred to in
subsection (a) involving funds in excess of $500,000 or 10
percent, whichever is less, that--
(1) augments existing programs, projects, or
activities;
(2) reduces by 10 percent funding for any existing
program, project, or activity, or numbers of personnel
by 10 percent as approved by Congress; or
(3) results from any general savings from a reduction
in personnel which would result in a change in existing
programs, activities, or projects as approved by
Congress;
unless the Secretary of Agriculture, the Chairman of the
Commodity Futures Trading Commission, or the Secretary of
Health and Human Services (as the case may be) notifies in
writing and receives approval from the Committees on
Appropriations of both Houses of Congress at least 30 days in
advance of the reprogramming or transfer of such funds or the
use of such authority.
(c) The Secretary of Agriculture, the Chairman of the
Commodity Futures Trading Commission, or the Secretary of
Health and Human Services shall notify in writing and receive
approval from the Committees on Appropriations of both Houses
of Congress before implementing any program or activity not
carried out during the previous fiscal year unless the program
or activity is funded by this Act or specifically funded by any
other Act.
(d) None of the funds provided by this Act, or provided by
previous Appropriations Acts to the agencies funded by this Act
that remain available for obligation or expenditure in the
current fiscal year, or provided from any accounts in the
Treasury derived by the collection of fees available to the
agencies funded by this Act, shall be available for--
(1) modifying major capital investments funding
levels, including information technology systems, that
involves increasing or decreasing funds in the current
fiscal year for the individual investment in excess of
$500,000 or 10 percent of the total cost, whichever is
less;
(2) realigning or reorganizing new, current, or
vacant positions or agency activities or functions to
establish a center, office, branch, or similar entity
with five or more personnel; or
(3) carrying out activities or functions that were
not described in the budget request;
unless the agencies funded by this Act notify, in writing, the
Committees on Appropriations of both Houses of Congress at
least 30 days in advance of using the funds for these purposes.
(e) As described in this section, no funds may be used for
any activities unless the Secretary of Agriculture, the
Chairman of the Commodity Futures Trading Commission, or the
Secretary of Health and Human Services receives from the
Committee on Appropriations of both Houses of Congress written
or electronic mail confirmation of receipt of the notification
as required in this section.
Sec. 717. Notwithstanding section 310B(g)(5) of the
Consolidated Farm and Rural Development Act (7 U.S.C.
1932(g)(5)), the Secretary may assess a one-time fee for any
guaranteed business and industry loan in an amount that does
not exceed 3 percent of the guaranteed principal portion of the
loan.
Sec. 718. None of the funds appropriated or otherwise made
available to the Department of Agriculture, the Food and Drug
Administration, the Commodity Futures Trading Commission, or
the Farm Credit Administration shall be used to transmit or
otherwise make available reports, questions, or responses to
questions that are a result of information requested for the
appropriations hearing process to any non-Department of
Agriculture, non-Department of Health and Human Services, non-
Commodity Futures Trading Commission, or non-Farm Credit
Administration employee.
Sec. 719. Unless otherwise authorized by existing law, none
of the funds provided in this Act, may be used by an executive
branch agency to produce any prepackaged news story intended
for broadcast or distribution in the United States unless the
story includes a clear notification within the text or audio of
the prepackaged news story that the prepackaged news story was
prepared or funded by that executive branch agency.
Sec. 720. No employee of the Department of Agriculture may
be detailed or assigned from an agency or office funded by this
Act or any other Act to any other agency or office of the
Department for more than 60 days in a fiscal year unless the
individual's employing agency or office is fully reimbursed by
the receiving agency or office for the salary and expenses of
the employee for the period of assignment.
Sec. 721. For the purposes of determining eligibility or
level of program assistance for Rural Development programs the
Secretary shall not include incarcerated prison populations.
Sec. 722. Not later than 30 days after the date of enactment
of this Act, the Secretary of Agriculture, the Commissioner of
the Food and Drug Administration, the Chairman of the Commodity
Futures Trading Commission, and the Chairman of the Farm Credit
Administration shall submit to the Committees on Appropriations
of both Houses of Congress a detailed spending plan by program,
project, and activity for all the funds made available under
this Act including appropriated user fees, as defined in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).
Sec. 723. Of the unobligated balances from amounts made
available for the supplemental nutrition program as authorized
by section 17 of the Child Nutrition Act of 1966 (42 U.S.C.
1786), $1,000,000,000 are hereby rescinded.
Sec. 724. The Secretary shall continue an intermediary loan
packaging program based on the pilot program in effect for
fiscal year 2013 for packaging and reviewing section 502 single
family direct loans. The Secretary shall continue agreements
with current intermediary organizations and with additional
qualified intermediary organizations. The Secretary shall work
with these organizations to increase effectiveness of the
section 502 single family direct loan program in rural
communities and shall set aside and make available from the
national reserve section 502 loans an amount necessary to
support the work of such intermediaries and provide a priority
for review of such loans.
Sec. 725. For loans and loan guarantees that do not require
budget authority and the program level has been established in
this Act, the Secretary of Agriculture may increase the program
level for such loans and loan guarantees by not more than 25
percent: Provided, That prior to the Secretary implementing
such an increase, the Secretary notifies, in writing, the
Committees on Appropriations of both Houses of Congress at
least 15 days in advance.
Sec. 726. None of the credit card refunds or rebates
transferred to the Working Capital Fund pursuant to section 729
of the Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations Act, 2002
(7 U.S.C. 2235a; Public Law 107-76) shall be available for
obligation without written notification to, and the prior
approval of, the Committees on Appropriations of both Houses of
Congress: Provided, That the refunds or rebates so transferred
shall be available for obligation only for the acquisition of
plant and capital equipment necessary for the delivery of
financial, administrative, and information technology services,
including cloud adoption and migration, of primary benefit to
the agencies of the Department of Agriculture.
Sec. 727. None of the funds made available by this Act may
be used to implement, administer, or enforce the ``variety''
requirements of the final rule entitled ``Enhancing Retailer
Standards in the Supplemental Nutrition Assistance Program
(SNAP)'' published by the Department of Agriculture in the
Federal Register on December 15, 2016 (81 Fed. Reg. 90675)
until the Secretary of Agriculture amends the definition of the
term ``variety'' as de fined in section 278.1(b)(1)(ii)(C) of
title 7, Code of Federal Regulations, and ``variety'' as
applied in the definition of the term ``staple food'' as
defined in section 271.2 of title 7, Code of Federal
Regulations, to increase the number of items that qualify as
acceptable varieties in each staple food category so that the
total number of such items in each staple food category exceeds
the number of such items in each staple food category included
in the final rule as published on December 15, 2016: Provided,
That until the Secretary promulgates such regulatory
amendments, the Secretary shall apply the requirements
regarding acceptable varieties and breadth of stock to
Supplemental Nutrition Assistance Program retailers that were
in effect on the day before the date of the enactment of the
Agricultural Act of 2014 (Public Law 113-79).
Sec. 728. In carrying out subsection (h) of section 502 of
the Housing Act of 1949 (42 U.S.C. 1472), the Secretary of
Agriculture shall have the same authority with respect to loans
guaranteed under such section and eligible lenders for such
loans as the Secretary has under subsections (h) and (j) of
section 538 of such Act (42 U.S.C. 1490p-2) with respect to
loans guaranteed under such section 538 and eligible lenders
for such loans.
Sec. 729. None of the funds made available by this Act may
be used to propose, promulgate, or implement any rule, or take
any other action with respect to, allowing or requiring
information intended for a prescribing health care
professional, in the case of a drug or biological product
subject to section 503(b)(1) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 353(b)(1)), to be distributed to such
professional electronically (in lieu of in paper form) unless
and until a Federal law is enacted to allow or require such
distribution.
Sec. 730. None of the funds made available by this or any
other Act may be used to carry out the final rule promulgated
by the Food and Drug Administration and put into effect
November 16, 2015, in regards to the hazard analysis and risk-
based preventive control requirements of the current good
manufacturing practice, hazard analysis, and risk-based
preventive controls for food for animals rule with respect to
the regulation of the production, distribution, sale, or
receipt of dried spent grain byproducts of the alcoholic
beverage production process.
Sec. 731. Funds made available under title II of the Food
for Peace Act (7 U.S.C. 1721 et seq.) may only be used to
provide assistance to recipient nations if adequate monitoring
and controls, as determined by the Administrator, are in place
to ensure that emergency food aid is received by the intended
beneficiaries in areas affected by food shortages and not
diverted for unauthorized or inappropriate purposes.
Sec. 732. There is hereby appropriated $12,000,000, to
remain available until expended, to carry out section 6407 of
the Farm Security and Rural Investment Act of 2002 (7 U.S.C.
8107a): Provided, That the Secretary may allow eligible
entities, or comparable entities that provide energy efficiency
services using their own billing mechanism to offer loans to
customers in any part of their service territory and to offer
loans to replace a manufactured housing unit with another
manufactured housing unit, if replacement would be more cost
effective in saving energy.
Sec. 733. (a) The Secretary of Agriculture shall--
(1) conduct audits in a manner that evaluates the
following factors in the country or region being
audited, as applicable--
(A) veterinary control and oversight;
(B) disease history and vaccination
practices;
(C) livestock demographics and traceability;
(D) epidemiological separation from potential
sources of infection;
(E) surveillance practices;
(F) diagnostic laboratory capabilities; and
(G) emergency preparedness and response; and
(2) promptly make publicly available the final
reports of any audits or reviews conducted pursuant to
subsection (1).
(b) This section shall be applied in a manner consistent with
United States obligations under its international trade
agreements.
Sec. 734. No food that bears or contains partially
hydrogenated oils (as defined in the order published by the
Food and Drug Administration in the Federal Register on June
17, 2015 (80 Fed. Reg. 34650 et seq.)) shall be considered to
be adulterated within the meaning of subsection (a)(1) or
(a)(2)(C)(i) of section 402 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 342(a)) because such food contains such
partially hydrogenated oils until the applicable compliance
dates specified by FDA in the Federal Register on May 21, 2018
(83 Fed. Reg. 23358 et seq.).
Sec. 735. None of the funds made available by this Act may
be used to carry out any activities or incur any expense
related to the issuance of licenses under section 3 of the
Animal Welfare Act (7 U.S.C. 2133), or the renewal of such
licenses, to class B dealers who sell dogs and cats for use in
research, experiments, teaching, or testing.
Sec. 736. (a)(1) No Federal funds made available for this
fiscal year for the rural water, waste water, waste disposal,
and solid waste management programs authorized by sections 306,
306A, 306C, 306D, 306E, and 310B of the Consolidated Farm and
Rural Development Act (7 U.S.C. 1926 et seq.) shall be used for
a project for the construction, alteration, maintenance, or
repair of a public water or wastewater system unless all of the
iron and steel products used in the project are produced in the
United States.
(2) In this section, the term ``iron and steel products''
means the following products made primarily of iron or steel:
lined or unlined pipes and fittings, manhole covers and other
municipal castings, hydrants, tanks, flanges, pipe clamps and
restraints, valves, structural steel, reinforced precast
concrete, and construction materials.
(b) Subsection (a) shall not apply in any case or category of
cases in which the Secretary of Agriculture (in this section
referred to as the ``Secretary'') or the designee of the
Secretary finds that--
(1) applying subsection (a) would be inconsistent
with the public interest;
(2) iron and steel products are not produced in the
United States in sufficient and reasonably available
quantities or of a satisfactory quality; or
(3) inclusion of iron and steel products produced in
the United States will increase the cost of the overall
project by more than 25 percent.
(c) If the Secretary or the designee receives a request for a
waiver under this section, the Secretary or the designee shall
make available to the public on an informal basis a copy of the
request and information available to the Secretary or the
designee concerning the request, and shall allow for informal
public input on the request for at least 15 days prior to
making a finding based on the request. The Secretary or the
designee shall make the request and accompanying information
available by electronic means, including on the official public
Internet Web site of the Department.
(d) This section shall be applied in a manner consistent with
United States obligations under international agreements.
(e) The Secretary may retain up to 0.25 percent of the funds
appropriated in this Act for ``Rural Utilities Service--Rural
Water and Waste Disposal Program Account'' for carrying out the
provisions described in subsection (a)(1) for management and
oversight of the requirements of this section.
(f) Subsection (a) shall not apply with respect to a project
for which the engineering plans and specifications include use
of iron and steel products otherwise prohibited by such
subsection if the plans and specifications have received
required approvals from State agencies prior to the date of
enactment of this Act.
(g) For purposes of this section, the terms ``United States''
and ``State'' shall include each of the several States, the
District of Columbia, and each federally recognized Indian
tribe.
Sec. 737. None of the funds appropriated by this Act may be
used in any way, directly or indirectly, to influence
congressional action on any legislation or appropriation
matters pending before Congress, other than to communicate to
Members of Congress as described in 18 U.S.C. 1913.
Sec. 738. None of the funds made available by this Act may
be used to procure raw or processed poultry products imported
into the United States from the People's Republic of China for
use in the school lunch program under the Richard B. Russell
National School Lunch Act (42 U.S.C. 1751 et seq.), the Child
and Adult Care Food Program under section 17 of such Act (42
U.S.C. 1766), the Summer Food Service Program for Children
under section 13 of such Act (42 U.S.C. 1761), or the school
breakfast program under the Child Nutrition Act of 1966 (42
U.S.C. 1771 et seq.).
Sec. 739. None of the funds made available by this Act may
be used to pay the salaries or expenses of personnel--
(1) to inspect horses under section 3 of the Federal
Meat Inspection Act (21 U.S.C. 603);
(2) to inspect horses under section 903 of the
Federal Agriculture Improvement and Reform Act of 1996
(7 U.S.C. 1901 note; Public Law 104-127); or
(3) to implement or enforce section 352.19 of title
9, Code of Federal Regulations (or a successor
regulation).
Sec. 740. Of the total amounts made available by this Act
for direct loans and grants in section 732 and in the following
headings: ``Rural Housing Service--Rural Housing Insurance Fund
Program Account''; ``Rural Housing Service--Mutual and Self-
Help Housing Grants''; ``Rural Housing Service--Rural Housing
Assistance Grants''; ``Rural Housing Service--Rural Community
Facilities Program Account''; ``Rural Business-Cooperative
Service--Rural Business Program Account''; ``Rural Business-
Cooperative Service--Rural Economic Development Loans Program
Account''; ``Rural Business-Cooperative Service--Rural
Cooperative Development Grants''; ``Rural Utilities Service--
Rural Water and Waste Disposal Program Account''; ``Rural
Utilities Service--Rural Electrification and Telecommunications
Loans Program Account''; and ``Rural Utilities Service--
Distance Learning, Telemedicine, and Broadband Program'', to
the maximum extent feasible, at least 10 percent of the funds
shall be allocated for assistance in persistent poverty
counties under this section, including, notwithstanding any
other provision regarding population limits, any county seat of
such a persistent poverty county that has a population that
does not exceed the authorized population limit by more than 10
percent: Provided, That for purposes of this section, the term
``persistent poverty counties'' means any county that has had
20 percent or more of its population living in poverty over the
past 30 years, as measured by the 1990 and 2000 decennial
censuses, and 2007-2011 American Community Survey 5-year
average, or any territory or possession of the United States:
Provided further, That with respect to specific activities for
which program levels have been made available by this Act that
are not supported by budget authority, the requirements of this
section shall be applied to such program level.
Sec. 741. (a) No funds shall be used to finalize the proposed
rule entitled ``Eligibility of the People's Republic of China
(PRC) to Export to the United States Poultry Products from
Birds Slaughtered in the PRC'' published in the Federal
Register by the Department of Agriculture on June 16, 2017 (82
Fed. Reg. 27625), unless the Secretary of Agriculture shall--
(1) ensure that the poultry slaughter inspection
system for the PRC is equivalent to that of the United
States;
(2) ensure that, before any poultry products can
enter the United States from any such poultry plant,
such poultry products comply with all other applicable
requirements for poultry products in interstate
commerce in the United States;
(3) conduct periodic verification reviews and audits
of any such plants in the PRC intending to export into
the United States processed poultry products;
(4) conduct re-inspection of such poultry products at
United States ports-of-entry to check the general
condition of such products, for the proper
certification and labeling of such products, and for
any damage to such products that may have occurred
during transportation; and
(5) ensure that shipments of any such poultry
products selected to enter the United States are
subject to additional re-inspection procedures at
appropriate levels to verify that the products comply
with relevant Federal regulations or standards,
including examinations for product defects and
laboratory analyses to detect harmful chemical residues
or pathogen testing appropriate for the products
involved.
(b) This section shall be applied in a manner consistent with
obligations of the United States under any trade agreement to
which the United States is a party.
Sec. 742. In addition to any other funds made available in
this Act or any other Act, there is appropriated $9,000,000 to
carry out section 18(g)(8) of the Richard B. Russell National
School Lunch Act (42 U.S.C. 1769(g)), to remain available until
expended.
Sec. 743. There is hereby appropriated $5,000,000, to remain
available until September 30, 2021, for the cost of loans and
grants that is consistent with section 4206 of the Agricultural
Act of 2014, for necessary expenses of the Secretary to support
projects that provide access to healthy food in underserved
areas, to create and preserve quality jobs, and to revitalize
low-income communities.
Sec. 744. For an additional amount for ``Animal and Plant
Health Inspection Service--Salaries and Expenses'', $8,500,000,
to remain available until September 30, 2021, for one-time
control and management and associated activities directly
related to the multiple-agency response to citrus greening.
Sec. 745. None of the funds made available by this Act may
be used to notify a sponsor or otherwise acknowledge receipt of
a submission for an exemption for investigational use of a drug
or biological product under section 505(i) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 355(i)) or section 351(a)(3)
of the Public Health Service Act (42 U.S.C. 262(a)(3)) in
research in which a human embryo is intentionally created or
modified to include a heritable genetic modification. Any such
submission shall be deemed to have not been received by the
Secretary, and the exemption may not go into effect.
Sec. 746. None of the funds made available by this or any
other Act may be used to enforce the final rule promulgated by
the Food and Drug Administration entitled ``Standards for the
Growing, Harvesting, Packing, and Holding of Produce for Human
Consumption,'' and published on November 27, 2015, with respect
to the regulation of entities that grow, harvest, pack, or hold
wine grapes, hops, pulse crops, or almonds.
Sec. 747. For school year 2020-2021, only a school food
authority that had a negative balance in the nonprofit school
food service account as of December 31, 2019, shall be required
to establish a price for paid lunches in accordance with
Section 12(p) of the Richard B. Russell National School Lunch
Act, 42 U.S.C. 1760(p).
Sec. 748. There is hereby appropriated $5,000,000, to remain
available until September 30, 2021, for a pilot program for the
National Institute of Food and Agriculture to provide grants to
nonprofit organizations for programs and services to establish
and enhance farming and ranching opportunities for military
veterans.
Sec. 749. For school years 2019-2020 and 2020-2021, none of
the funds made available by this Act may be used to implement
or enforce the matter following the first comma in the second
sentence of footnote (c) of section 220.8(c) of title 7, Code
of Federal Regulations, with respect to the substitution of
vegetables for fruits under the school breakfast program
established under section 4 of the Child Nutrition Act of 1966
(42 U.S.C. 1773).
Sec. 750. None of the funds made available by this Act or
any other Act may be used--
(1) in contravention of section 7606 of the
Agricultural Act of 2014 (7 U.S.C. 5940), subtitle G of
the Agricultural Marketing Act of 1946, or section
10114 of the Agriculture Improvement Act of 2018; or
(2) to prohibit the transportation, processing, sale,
or use of hemp, or seeds of such plant, that is grown
or cultivated in accordance with subsection section
7606 of the Agricultural Act of 2014 or Subtitle G of
the Agricultural Marketing Act of 1946, within or
outside the State in which the hemp is grown or
cultivated.
Sec. 751. Out of amounts appropriated to the Food and Drug
Administration under title VI, the Secretary of Health and
Human Services, acting through the Commissioner of Food and
Drugs, shall, not later than July 1, 2020, and following the
review required under Executive Order No. 12866 (5 U.S.C. 601
note; relating to regulatory planning and review), issue advice
revising the advice provided in the notice of availability
entitled ``Advice About Eating Fish, From the Environmental
Protection Agency and Food and Drug Administration; Revised
Fish Advice; Availability'' (82 Fed. Reg. 6571 (January 19,
2017)), in a manner that is consistent with nutrition science
recognized by the Food and Drug Administration on the net
effects of seafood consumption.
Sec. 752. In addition to any funds made available in this
Act or any other Act, there is hereby appropriated $6,000,000,
to remain available until September 30, 2021, for grants from
the National Institute of Food and Agriculture to the 1890
Institutions to support the Centers of Excellence.
Sec. 753. There is hereby appropriated $1,000,000 for the
Secretary of Agriculture to carry out a pilot program that
assists rural hospitals to improve long-term operations and
financial health by providing technical assistance through
analysis of current hospital management practices.
Sec. 754. There is hereby appropriated $2,000,000, to remain
available until expended, for grants under section 12502 of
Public Law 115-334.
Sec. 755. There is hereby appropriated $2,000,000 to carry
out section 1621 of Public Law 110-246.
Sec. 756. Not later than 180 days after the date of the
enactment of this Act, the Secretary of Agriculture shall issue
a final rule based on the proposed rule entitled ``National
Organic Program; Origin of Livestock,'' published in the
Federal Register on April 28, 2015 (80 Fed. Reg. 23455):
Provided, That the final rule shall incorporate public comments
submitted in response to the proposed rule.
Sec. 757. There is hereby appropriated $3,000,000, to remain
available until September 30, 2021, to carry out section
4003(b) of Public Law 115-334 relating to demonstration
projects for Tribal Organizations.
Sec. 758. There is hereby appropriated $1,000,000 for the
Secretary to carry out a pilot program that provides forestry
inventory analysis, forest management and economic outcomes
modelling for certain currently enrolled Conservation Reserve
Program participants. The Secretary shall allow the Commodity
Credit Corporation to enter into agreements with and provide
grants to qualified non-profit organizations dedicated to
conservation, forestry and wildlife habitats, that also have
experience in conducting accurate forest inventory analysis
through the use of advanced, cost-effective technology. The
Secretary shall focus the analysis on lands enrolled for at
least eight years and located in areas with a substantial
concentration of acres enrolled under conservation practices
devoted to multiple bottomland hardwood tree species including
CP03, CP03A, CP11, CP22, CP31 and CP40.
Sec. 759. In addition to amounts otherwise made available by
this Act and notwithstanding the last sentence of 16 U.S.C.
1310, there is appropriated $4,000,000, to remain available
until expended, to implement non-renewable agreements on
eligible lands, including flooded agricultural lands, as
determined by the Secretary, under the Water Bank Act (16
U.S.C. 1301-1311).
Sec. 760. The Secretary shall set aside for Rural Economic
Area Partnership (REAP) Zones, until August 15, 2020, an amount
of funds made available in title III under the headings of
Rural Housing Insurance Fund Program Account, Mutual and Self-
Help Housing Grants, Rural Housing Assistance Grants, Rural
Community Facilities Program Account, Rural Business Program
Account, Rural Development Loan Fund Program Account, and Rural
Water and Waste Disposal Program Account, equal to the amount
obligated in REAP Zones with respect to funds provided under
such headings in the most recent fiscal year any such funds
were obligated under such headings for REAP Zones.
Sec. 761. There is hereby appropriated $1,000,000 to carry
out section 3307 of Public Law 115-334.
Sec. 762. The Secretary of Agriculture may waive the
matching funds requirement under Section 412(g) of the
Agricultural Research, Extension, and Education Reform Act of
1998 (7 U.S.C. 7632(g)).
Sec. 763. There is hereby appropriated $5,000,000, to remain
available until September 30, 2021, to carry out section 23 of
the Child Nutrition Act of 1966 (42 U.S.C. 1793), of which
$1,000,000 shall be for grants under such section to the
Commonwealth of Puerto Rico, the Commonwealth of the Northern
Mariana Islands, the United States Virgin Islands, Guam, and
American Samoa.
Sec. 764. There is hereby appropriated $1,000,000, to remain
available until expended, for a pilot program for the Secretary
to provide grants to qualified non-profit organizations and
public housing authorities to provide technical assistance,
including financial and legal services, to RHS multi-family
housing borrowers to facilitate the acquisition of RHS multi-
family housing properties in areas where the Secretary
determines a risk of loss of affordable housing, by non-profit
housing organizations and public housing authorities as
authorized by law that commit to keep such properties in the
RHS multi-family housing program for a period of time as
determined by the Secretary.
Sec. 765. Section 2 of the Rural Electrification Act of 1936
(7 U.S.C. 902) is amended in subsection (a) by striking ``made
by the Secretary'' and inserting ``made or guaranteed by the
Secretary''.
Sec. 766. The National Bio and Agro-Defense Facility shall
be transferred without reimbursement from the Secretary of
Homeland Security to the Secretary of Agriculture.
Sec. 767. Any funds made available by this or any other Act
that the Secretary withholds pursuant to section 1668(g)(2) of
the Food, Agriculture, Conservation, and Trade Act of 1990 (7
U.S.C. 5921(g)(2)), as amended, shall be available for grants
for biotechnology risk assessment research: Provided, That the
Secretary may transfer such funds to appropriations of the
Department of Agriculture.
Sec. 768. There is hereby appropriated $5,000,000 to carry
out section 222 of Subtitle A of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 6923) as amended by
section 12302 of Public Law 115-334.
Sec. 769. There is hereby appropriated $400,000 to carry out
section 224 of Subtitle A of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 6924) as amended by
section 12504 of Public Law 115-334.
Sec. 770. There is hereby appropriated $1,000,000, to remain
available until September 30, 2021, to carry out section 4208
of Public Law 115-334.
Sec. 771. There is hereby appropriated $400,000 to carry out
section 1672(g)(4)(B) of the Food, Agriculture, Conservation,
and Trade Act of 1990 (7 U.S.C. 5925(g)(4(B)) as amended by
section 7209 of Public Law 115-334.
Sec. 772. There is hereby appropriated $5,000,000 to carry
out section 12301 of Public Law 115-334.
Sec. 773. There is hereby appropriated $5,000,000 to carry
out section 1450 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3222e) as
amended by section 7120 of Public Law 115-334.
Sec. 774. There is hereby appropriated $1,000,000 to carry
out section 1671 of the Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 5924) as amended by section 7208 of
Public Law 115-334.
Sec. 775. In response to an eligible community where the
drinking water supplies are inadequate due to a natural
disaster, as determined by the Secretary, including drought or
severe weather, the Secretary may provide potable water through
the Emergency Community Water Assistance Grant Program for an
additional period of time not to exceed 120 days beyond the
established period provided under the Program in order to
protect public health.
Sec. 776. There is hereby appropriated $6,000,000 for the
purposes described in the paragraph entitled ``Nutrition
Assistance Program (NAP) Study'' under the Supplemental
Nutrition Assistance Program included in House Report 116-107,
of which $4,000,000 shall be for the Secretary to update the
Feasibility Report, and of which $2,000,000 shall be for Puerto
Rico for technology requirements: Provided, That the reports
detailed in House Report 116-107 shall be due not later than
December 31, 2020.
Sec. 777. There is hereby appropriated $5,000,000 to remain
available until September 30, 2021, to carry out section 4206
of Public Law 115-334.
Sec. 778. There is hereby appropriated $20,000,000, to
remain available until expended, to carry out section 12513 of
Public Law 115-334: Provided, That the Secretary shall take
measures to ensure an equal distribution of funds between the
three regional innovation initiatives.
Sec. 779. There is hereby appropriated $5,000,000, to remain
available until September 30, 2021, to carry out section 2103
of Public Law 115-334.
Sec. 780. There is hereby appropriated $20,000,000, for an
additional amount for ``Department of Health and Human
Services--Food and Drug Administration--Buildings and
Facilities'' to remain available until expended and in addition
to amounts otherwise made available for such purposes, for
necessary expenses of plans, construction, repair, improvement,
extension, alteration, demolition and purchase of fixed
equipment or facilities of or used by FDA for seafood safety.
Sec. 781. There is hereby appropriated $5,000,000 to remain
available until September 30, 2021, to carry out section 6424
of Public Law 115-334.
Sec. 782. Of the unobligated balances from amounts made
available to carry out section 749 of Division A of Public Law
115-31 and section 739 of Division A of Public Law 115-141,
$15,073,000 are rescinded.
Sec. 783. In addition to amounts otherwise made available by
this or any other Act, there is hereby appropriated $5,000,000,
to remain available until expended, to the Secretary for a
pilot program to provide grants to a regional consortium to
fund technical assistance and construction of regional
wastewater systems for historically impoverished communities
that have had difficulty in installing traditional wastewater
treatment systems due to soil conditions.
Sec. 784. Section 9(i)(2) of the Food and Nutrition Act of
2008 (7 U.S.C. 2018(i)(2)) is amended by striking ``for a
period'' and all that follows through ``2018'' and inserting
``prior to December 31, 2020''.
Sec. 785. Not later than 60 days after enactment of this
Act, the Commissioner of the Food and Drug Administration shall
issue a request for information to determine the next steps
that will address the recent pulmonary illnesses reported to be
associated with the use of e-cigarettes and vaping products. As
part of such request for information, the Commissioner shall
request public comment on product design and how to prevent
consumers from modifying or adding any substances to these
products that are not intended by the manufacturer: Provided,
That the Food and Drug Administration shall provide an update
to the Committee on Appropriations on a quarterly basis.
Sec. 786. (a) In the matter preceding the first proviso under
the heading ``Supplemental Nutrition Assistance Program'' in
the Consolidated Appropriations Act, 2018 (Public Law 115-141),
strike ``December 31, 2019'' and insert ``September 30, 2020''.
(b) In the matter preceding the first proviso under the
heading ``Supplemental Nutrition Assistance Program'' in the
Consolidated Appropriations Act, 2019 (Public Law 116-6),
strike ``December 31, 2020'' and insert ``September 30, 2021''.
Sec. 787. (a) There is hereby appropriated $300,000,000, to
remain available until expended, for an additional amount for
section 779 of Public Law 115-141.
(b) Section 313(b) of the Rural Electrification Act of 1936,
as amended (7 U.S.C. 940c(b)), shall be applied for fiscal year
2020 and each fiscal year thereafter until the specified
funding has been expended as if the following were inserted
after the final period in subsection (b)(2): ``In addition, the
Secretary shall use $425,000,000 of funds available in this
subaccount in fiscal year 2019 for an additional amount for the
same purpose and under the same terms and conditions as funds
appropriated by section 779 of Public Law 115-141 and shall use
$255,000,000 of funds available in this subaccount in fiscal
year 2020 for an additional amount for the same purpose and
under the same terms and conditions as funds appropriated by
section 779 of Public Law 115-141: Provided, That any use of
such funds shall be treated as a reprogramming of funds under
section 716 of this Act.''.
(c) Section 762(b) of division B of Public Law 116-6 shall no
longer apply.
Sec. 788. The Animal and Plant Health Inspection Service
shall, notwithstanding any other provision of law:
(a) within 60 calendar days, restore on its website the
searchable database and its contents that were available on
January 30, 2017, and all content generated since that date;
and
(b) hereafter, make publicly available via searchable
database, in their entirety without redactions except
signatures, the following records after enactment of this Act
for a subsequent period of three years:
(1) all final Animal Welfare Act inspection reports,
including all reports documenting all Animal Welfare
Act non-compliances observed by USDA officials and all
animal inventories;
(2) all final Animal Welfare Act and Horse Protection
Act enforcement records;
(3) all reports or other materials documenting any
non-compliances observed by USDA officials; and
(4) within six months of receipt by the agency, all
final Animal Welfare Act research facility annual
reports, including their attachments with appropriate
redactions made for confidential business information
that USDA could withhold under FOIA Exemption 4.
Sec. 789. Notwithstanding any other provision of law, no
funds available to the Department of Agriculture may be used to
move any agency from the mission area in which it was located
on August 1, 2018, to any other mission area or office within
the Department in the absence of the enactment of specific
legislation affirming such move.
Sec. 790. Notwithstanding any other provision of law, the
acceptable market name of any engineered animal approved prior
to the effective date of the National Bioengineered Food
Disclosure Standard (February 19, 2019) shall include the words
``genetically engineered'' prior to the existing acceptable
market name.
Sec. 791. (a) The remaining unobligated balances of funds
made available under the heading ``Department of Agriculture--
Agricultural Programs--Processing, Research and Marketing--
Office of the Secretary'' in the Bipartisan Budget Act of 2018
(Public Law 115-123) are hereby rescinded: Provided, That the
amounts rescinded pursuant to this subsection that were
previously designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced
Budget and Emergency Deficit Control Act of 1985 are designated
by the Congress as an emergency requirement pursuant to that
section of that Act.
(b) In addition to amounts otherwise made available by this
Act for ``Department of Agriculture--Agricultural Programs--
Processing, Research and Marketing--Office of the Secretary'',
there is appropriated for an additional amount for fiscal year
2020, to remain available until December 30, 2021, an amount
equal to the unobligated balances rescinded pursuant to
subsection (a), for the same purposes and under the same
authorities and conditions as the funds made available under
the heading ``Department of Agriculture--Agricultural
Programs--Processing, Research and Marketing--Office of the
Secretary'' in the Additional Supplemental Appropriations for
Disaster Relief Act of 2019 (Public Law 116-20), as amended by
this section: Provided, That, in addition to the purposes
specified in the matter preceding the first proviso under the
heading ``Department of Agriculture--Agricultural Programs--
Processing, Research and Marketing--Office of the Secretary''
in the Additional Supplemental Appropriations for Disaster
Relief Act of 2019 (Public Law 116-20), as amended by this
section, such amounts shall also be available for quality
losses of crops, drought, and excessive moisture: Provided
further, That losses due to drought shall only be eligible
under this subsection if any area within the county in which
the loss occurs was rated by the U.S. Drought Monitor as having
a D3 (Extreme Drought) or higher level of drought intensity
during the applicable calendar years: Provided further, That
the Secretary may use the amounts provided under this
subsection, under the same authorities and conditions as the
funds made available under the heading ``Department of
Agriculture--Agricultural Programs--Processing, Research and
Marketing--Office of the Secretary'' in the Bipartisan Budget
Act of 2018 (Public Law 115-123), to continue to pay for losses
due to Tropical Storm Cindy, and peaches and blueberries due to
freeze in 2017 and blueberry productivity losses in 2018:
Provided further, That the Secretary shall use the amounts
provided under this subsection, under the same authorities and
conditions as the funds made available under the heading
``Department of Agriculture--Agricultural Programs--Processing,
Research and Marketing--Office of the Secretary'' in the
Bipartisan Budget Act of 2018 (Public Law 115-123), to make
payments for vine losses that were eligible for, but did not
receive, payments under that heading in that Act: Provided
further, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
(c) Title I of the Additional Supplemental Appropriations for
Disaster Relief Act, 2019 (Public Law 116-20), as amended by
section 116 of the Continuing Appropriations Act, 2020 (Public
Law 116-59), is further amended in the first proviso under the
heading ``Department of Agriculture--Agricultural Programs--
Processing, Research and Marketing--Office of the Secretary''
by striking ``may provide'' and inserting ``, in addition to
the amount announced on November 8, 2019, shall provide not
less than $400,000,000 in'' , and by adding the following
before the final proviso under that heading: ``Provided
further, That the Secretary shall pay all sugar beet losses in
2018 and 2019 through cooperative processors (to be paid to
producer members as determined by such processors) using the
additional coverage level described in section 508(e)(2)(E) of
the Federal Crop Insurance Act of 1938 (7 U.S.C. 1508(e)(2)(E))
for purposes of determining the Wildfire Hurricane Indemnity
Program Plus factor (as defined in section 760.1502 of title 7,
Code of Federal Regulations (or successor regulations):'':
Provided, That amounts repurposed pursuant to this subsection
that were previously designated by the Congress as an emergency
requirement pursuant to the Balanced Budget and Emergency
Deficit Control Act of 1985 are designated by the Congress as
an emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
(d) No later than December 31, 2020, the remaining
unobligated balances of funds made available under the heading
``Department of Agriculture--Agricultural Programs--Processing,
Research and Marketing--Office of the Secretary'' in the
Additional Supplemental Appropriations for Disaster Relief Act
of 2019 (Public Law 116-20) are hereby permanently rescinded,
and an amount of additional new budget authority equivalent to
the amount rescinded is hereby appropriated, to remain
available until December 30, 2021, in addition to other funds
as may be available for such purposes, for the same purposes
and under the same authorities and conditions as the funds made
available in subsection (b): Provided, That the amounts
rescinded pursuant to this subsection that were previously
designated by the Congress as an emergency requirement pursuant
to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985 are designated by the Congress as
an emergency requirement pursuant to that section of that Act:
Provided further, That the amount of additional new budget
authority made available pursuant to this subsection is
designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
Sec. 792. For an additional amount for ``Department of
Health and Human Services--Office of the Secretary--Public
Health and Social Services Emergency Fund'' for purchase of
vaccines, therapeutics, and diagnostics for the prevention and
treatment of Ebola, $535,000,000, to remain available until
September 30, 2024: Provided, That products purchased with
funds provided under this section may, at the discretion of the
Secretary of Health and Human Services, be deposited in the
Strategic National Stockpile under section 319F-2 of the PHS
Act: Provided further, That sections 319C-1(h)(3) and 319C-
2(h) of the PHS Act shall not apply to funds provided under
this section: Provided further, That funds provided under this
section may be used for the purposes specified in this section
or authorized under section 319F-4 of the PHS Act: Provided
further, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
This division may be cited as the ``Agriculture, Rural
Development, Food and Drug Administration, and Related Agencies
Appropriations Act, 2020''.
[Clerk's note.--Reproduced below is the material relating
to division B contained in the Explanatory Statement regarding
H.R. 1865, the Further 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 H11162 of
Book III.
---------------------------------------------------------------------------
DIVISION B--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2020
CONGRESSIONAL DIRECTIVES
The statement is silent on provisions that were in both the
House Report (H. Rpt. 116-107) and Senate Report (S. Rpt. 116-
110) that remain unchanged by this agreement, except as noted
in this statement.
The House and Senate report language that is not changed by
the statement is approved and indicates congressional
intentions. The statement, while repeating some report language
for emphasis, does not intend to negate the language referred
to above unless expressly provided herein.
In cases in which the House or the Senate have directed the
submission of a report, such report is to be submitted to both
the House and Senate Committees on Appropriations no later than
60 days after enactment of this Act, unless otherwise directed.
Hereafter, in division B of this statement, the term `the
Committees' refers to the Committees on Appropriations of the
House of Representatives and the Senate.
For the appropriations provided by this Act and previous
Acts, the departments and agencies funded by this agreement are
reminded that the Committees use the definitions for transfer,
reprogramming, and program, project, and activity as defined by
the Government Accountability Office (GAO) in GAO-04-261SP
Appropriations Law--Vol. I and GAO-05-734SP Budget Glossary.
A transfer is the shifting of funds between appropriations.
It applies to (1) transfers from one agency to another, (2)
transfers from one account to another within the same agency,
and (3) transfers to an interagency or intra-agency working
fund. In each instance, statutory authority is required.
Reprogramming is the utilization of funds in an
appropriation account for purposes other than those
contemplated at the time of appropriation. It is the shifting
of funds from one object to another within an appropriation.
A program, project, or activity (PPA) is an element within
a budget account. PPAs are identified by reference to include
the most specific level of budget items identified in the
Agriculture, Rural Development, Food and Drug Administration,
and Related Agencies Act, 2020, accompanying Committee reports,
explanatory statements, and budget justifications. Program
activity structures are intended to provide a meaningful
representation of the operations financed by a specific budget
account by project, activity, or organization.
For fiscal year 2020, the Committees continue to include
bill language requiring advanced notification of certain agency
actions. Notification will be required at least 30 days in
advance of any action if (1) a major capital investment is
modified; (2) an office is realigned or reorganized; and (3)
activities are carried out that were not described in the
budget request.
The agreement directs the Office of Budget and Program
Analysis (OBPA) of the U.S. Department of Agriculture (USDA) to
provide an organizational chart for each agency funded by this
Act to the division and subdivision level, as appropriate, by
February 1, 2020. The agreement also directs the Food and Drug
Administration (FDA), the Commodity Futures Trading Commission
(CFTC), and the Farm Credit Administration (FCA) to provide an
organizational chart of each agency respectively to the
division and subdivision level, as appropriate, by February 1,
2020.
Further, USDA, FDA, and CFTC should be mindful of
Congressional authority to determine and set final funding
levels for fiscal year 2021. Therefore, the agencies should not
presuppose program funding outcomes and prematurely initiate
action to redirect staffing prior to knowing final outcomes on
fiscal year 2021 program funding. The agreement directs OBPA to
provide the Committees with the number of staff years and
employees on board for each agency funded by this Act on a
quarterly basis.
TITLE I
AGRICULTURAL PROGRAMS
Processing, Research and Marketing
Office Of The Secretary
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides $46,139,000 for the Office of the
Secretary.
The agreement is concerned with the number of staff
vacancies within USDA. While funding levels continue to
increase for many agencies, staffing levels continue to
decline. Within 180 days after enactment, the Secretary shall
provide detailed staffing levels for all research agencies, the
Farm Service Agency, all marketing agencies, Rural Development,
the Food and Nutrition Service, and the Foreign Agricultural
Service. The report shall include all vacancies that have
remained unfilled for more than six months and detailed plans
to fill those vacancies. The report shall also include for each
agency, the number of fulltime equivalent (FTE) staff utilized
and the number of vacancies for fiscal years 2015 through 2019.
The agreement notes the ongoing contract negotiations
between West Coast grain terminal operators and the
International Longshore and Warehouse Union and recognizes the
importance of reaching an agreement that works for both
parties. A failure to reach an agreement could result in an
interruption in grain terminal service that would negatively
impact the nation's grain exports. The agreement urges all
parties to continue negotiating in good faith to ensure an
equitable outcome for both grain terminal operators and their
workers is expeditiously reached.
The agreement directs the Secretary to submit a report that
describes the economic and environmental impacts of importing
orchids in growing media. The report shall include: a
description of the economic impact of importing orchids in
growing media on a state-by-state basis, with data collected
from local growers; any incidents of pests detected on orchids
imported with growing media; and an analysis with respect to
additional resources that are necessary to prevent and mitigate
the introduction of pests resulting from importing orchids in
growing media.
The agreement directs the Secretary to preserve the term
``climate change'' in any publication where scientifically
appropriate.
In addition to updates provided to the Committees, the
Department is directed to include in its fiscal year 2021
Congressional Justification, as a single exhibit, a table
listing all deliverables, with a column for due dates if
applicable.
The Department is reminded of enacted language prohibiting
the initiating, planning, developing, implementing, or making
of any changes to remove or relocate any systems, missions, or
functions of the offices of the Chief Financial Officer or any
personnel from the National Finance Center prior to written
notification to and prior approval of the Committee on
Appropriations of both Houses of Congress.
The agreement recognizes the important role of the Forest
Service Job Corps Civilian Conservation Centers and directs the
Secretary to continue the program as currently structured.
The Department is directed to treat crop losses due to
freeze as losses resulting from snowstorms and therefore
eligible for WHIP+ payments.
The following table reflects the agreement:
OFFICE OF THE SECRETARY
[Dollars in Thousands]
------------------------------------------------------------------------
------------------------------------------------------------------------
Office of the Secretary.................................... $5,051
Office of Homeland Security................................ 1,496
Office of Partnerships and Public Engagement............... 6,211
Office of Assistant Secretary for Administration........... 875
Departmental Administration................................ 21,376
Office of Assistant Secretary for Congressional Relations 3,869
and Intergovernmental Affairs.............................
Office of Communications................................... 7,261
Total, Office of the Secretary......................... $46,139
------------------------------------------------------------------------
Executive Operations
OFFICE OF THE CHIEF ECONOMIST
The agreement provides $24,013,000 for the Office of the
Chief Economist.
The agreement includes an increase of $2,500,000 for the
work of the National Drought Mitigation Center (NDMC) in order
to provide 24/7 backup of NDMC weekly data and build capacity
to respond to the increasing number of drought-related research
and operations requests to NDMC by U.S. regional climate hubs.
OFFICE OF HEARINGS AND APPEALS
The agreement provides $15,222,000 for the Office of
Hearings and Appeals.
OFFICE OF BUDGET AND PROGRAM ANALYSIS
The agreement provides $9,525,000 for the Office of Budget
and Program Analysis.
Office of the Chief Information Officer
The agreement provides $66,580,000 for the Office of the
Chief Information Officer, including $56,000,000 for
cybersecurity activities.
The agreement provides an increase of $10,950,000 to fully
fund Continuous Diagnostics and Mitigation cyber security
activities. The agreement assumes ongoing programs such as
network services will continue to be funded through the Working
Capital Fund.
Office of the Chief Financial Officer
The agreement provides $6,028,000 for the Office of the
Chief Financial Officer.
Office of the Assistant Secretary for Civil Rights
The agreement provides $901,000 for the Office of the
Assistant Secretary for Civil Rights.
Office of Civil Rights
The agreement provides $24,206,000 for the Office of Civil
Rights.
Agriculture Buildings and Facilities
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides $128,167,000 for Agriculture
Buildings and Facilities.
The agreement provides an increase of $68,100,000 for the
first phase of the One Neighborhood proposal to renovate USDA
headquarters buildings. In addition, through the Nonrecurring
Expenses Fund, USDA also has access to over $80,000,000 to
renovate the George Washington Carver facility in Beltsville,
MD. The agreement directs USDA to provide frequent updates of
these projects, including status of spending and funding
availability.
Hazardous Materials Management
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides $4,503,000 for Hazardous Materials
Management.
This includes an increase of $1,000,000 to address the
program's highest priorities related to ongoing contamination
cleanup efforts for the Agricultural Research Service and the
Farm Service Agency.
Office of Inspector General
The agreement provides $98,208,000 for the Office of
Inspector General.
Office of the General Counsel
The agreement provides $45,146,000 for the Office of
General Counsel.
Office of Ethics
The agreement provides $4,136,000 for the Office of Ethics.
Office of the Under Secretary for Research, Education, and Economics
The agreement provides $800,000 for the Office of the Under
Secretary for Research, Education, and Economics.
Economic Research Service
The agreement provides $84,757,000 for the Economic
Research Service.
National Agricultural Statistics Service
The agreement provides $180,294,000 for the National
Agricultural Statistics Service (NASS), including up to
$45,300,000 for the Census of Agriculture.
The agreement does not accept any proposed eliminations or
reductions of ongoing activities, including Acreage, Crop
Production and Grain Stocks; the Bee and Honey Program; the
Chemical Use Data Series; the Floriculture Crops Report; and
Fruit and Vegetable Reports, including in-season forecasts for
non-citrus fruit and tree nut crops such as pecans. The funding
provided will allow NASS to resume or begin completion of these
reports at the frequency levels assumed in fiscal year 2019.
NASS is directed to resume all of these reports immediately
upon enactment of this Act. In addition, the agreement provides
$2,000,000 to expand the Farm Labor Survey, $1,000,000 for the
Agriculture and Rural Prosperity Initiative, and $2,000,000 to
strengthen NASS activities in support of the National Animal
Health Monitoring System (NAHMS) commodity studies and the
Agricultural Resource Management Survey. NASS is encouraged to
coordinate with APHIS in the collection and reporting of NAHMS
data.
Agricultural Research Service
SALARIES AND EXPENSES
The agreement provides $1,414,366,000 for the Agricultural
Research Service (ARS), Salaries and Expenses.
The agreement does not accept the President's budget
request regarding the termination of research programs,
redirections of research programs, or closure of research
locations. The agreement expects extramural research to be
funded at no less than the fiscal year 2019 levels. The
agreement provides funding increases for African swine fever,
alfalfa, alternative technologies for waste utilization,
aquaculture seedstock, blueberry breeding, bovine
pleuropneumonia, cattle fever tick, Center for Pollinator
Health, chronic wasting disease, cotton blue disease, cotton
ginning, cover crops, cranberry research, East Coast shellfish
genetics, food systems, fruit fly and exotic pest control,
genetic oat research, germplasm enhancement in maize,
greenhouse technology, harmful algal bloom, healthy soils, hemp
production systems, high performance computing, human nutrition
research, livestock genetic research, long term agro-ecosystem,
macadamia tree health, National Ag Library, National Bio and
Agro-Defense Facility, Pacific Coast shellfish genetics,
pollinator recovery, potato research, poultry production
technology development, precision aquaculture, precision
viticulture for premium grapes, predictive modeling tools,
pulse crop quality, pulse health, shrimp production, small farm
orchard unit, small fruits, small grain genomics, sugar beet
research, sugarcane variety, sustainable aquaculture,
sustainable water use, tree fruit post-harvest research,
turfgrass, U.S. Wheat and Barley Scab Initiative, wheat and
sorghum, and wildfire smoke taint.
The agreement notes that there are numerous vacant
positions at ARS laboratories across the nation. The agreement
directs ARS to fill vacant positions in order to optimize the
utilization of ARS laboratory space and ensure that research
goals are met. Further, the agreement encourages ARS to fill
these vacancies with permanent employees.
The agreement provides funding for the Long-Term
Agroecosystem Research (LTAR) network that will allow ARS to
provide an equal amount to all the LTAR sites.
The agreement supports the collaborative efforts of the
diverse stakeholders working towards ensuring the US Sheep
Experiment Station remains a valuable asset and focuses
additional research opportunities on areas of mutual interest.
The agreement notes that some ARS facilities are located in
areas that are also used for recreational purposes. The
agreement directs ARS to continue to work with State and local
partners to ensure that access to public lands does not come at
the expense of site security or research activities.
BUILDINGS AND FACILITIES
The agreement provides $192,700,000 for ARS Buildings and
Facilities.
National Institute of Food and Agriculture
RESEARCH AND EDUCATION ACTIVITIES
The agreement provides $962,864,000 for the National
Institute of Food and Agriculture, Research and Education
Activities.
The following table reflects the agreement:
NATIONAL INSTITUTE OF FOOD AND AGRICULTURE RESEARCH AND EDUCATION
ACTIVITIES
[Dollars in Thousands]
------------------------------------------------------------------------
------------------------------------------------------------------------
Hatch Act.......................... 7 U.S.C. 361a-i....... $259,000
McIntire-Stennis Cooperative 16 U.S.C. 582a through 36,000
Forestry Act. a-7.
Research at 1890 Institutions 7 U.S.C. 3222......... 67,000
(Evans-Allen Program).
Payments to the 1994 Institutions.. 7 U.S.C. 301 note..... 4,000
Education Grants for 1890 7 U.S.C. 3152(b)...... 23,009
Institutions.
Scholarships at 1890 Institutions.. 7 U.S.C. 3222a........ 5,000
Education Grants for Hispanic- 7 U.S.C. 3241......... 11,200
Serving Institutions.
Education Grants for Alaska Native 7 U.S.C. 3156......... 3,194
and Native Hawaiian-Serving
Institutions.
Research Grants for 1994 7 U.S.C. 301 note..... 3,801
Institutions.
Capacity Building for Non Land- 7 U.S.C. 3319i........ 5,000
Grant Colleges of Agriculture.
Grants for Insular Areas........... 7 U.S.C. 3222b-2, 3362 2,000
and 3363.
Agriculture and Food Research 7 U.S.C. 3157......... 425,000
Initiative.
Veterinary Medicine Loan Repayment. 7 U.S.C. 3151a........ 8,000
Veterinary Services Grant Program.. 7 U.S.C. 3151b........ 3,000
Continuing Animal Health and 7 U.S.C. 3195......... 4,000
Disease Research Program.
Supplemental and Alternative Crops. 7 U.S.C. 3319d........ 1,000
Multicultural Scholars, Graduate 7 U.S.C. 3152(b)...... 9,000
Fellowship and Institution
Challenge Grants.
Secondary and 2-year Post-Secondary 7 U.S.C. 3152(j)...... 900
Education.
Aquaculture Centers................ 7 U.S.C. 3322......... 5,000
Sustainable Agriculture Research 7 U.S.C. 5811, 5812, 37,000
and Education. 5831, and 5832.
Farm Business Management........... 7 U.S.C. 5925f........ 2,000
Sun Grant Program.................. 7 U.S.C. 8114......... 3,000
Research Equipment Grants.......... 7 U.S.C. 3310a........ 5,000
Alfalfa and Forage Research Program 7 U.S.C. 5925......... 3,000
Minor Crop Pest Management (IR-4).. 7 U.S.C. 450i(c)...... 11,913
Special Research Grants:........... 7 U.S.C. 450i(c)...... ...........
Global Change/UV Monitoring.... ...................... 1,405
Potato Research................ ...................... 2,750
Aquaculture Research........... ...................... 2,000
Total, Special Research Grants. ...................... 6,155
------------
Necessary Expenses of Research and
Education Activities:
Grants Management System........... ...................... 7,830
Federal Administration--Other ...................... 11,862
Necessary Expenses for Research
and Education Activities.
Total, Necessary Expenses.. ...................... 19,692
------------
Total, Research and ...................... $962,864
Education Activities.
============
------------------------------------------------------------------------
NATIVE AMERICAN INSTITUTIONS ENDOWMENT FUND
The agreement provides $11,880,000 for the Native American
Institutions Endowment Fund.
EXTENSION ACTIVITIES
The agreement provides $526,557,000 for the National
Institute of Food and Agriculture, Extension Activities.
The agreement provides $4,000,000 for the Rural Health and
Safety Education program to address the opioid abuse epidemic
and to combat opioid abuse in rural communities. The agreement
includes $1,000,000 for competitive external grants for
eligible institutions to support the utilization of telehealth,
telemedicine, and distance learning strategies for opioid
education and training in minority rural communities.
The following table reflects the agreement:
NATIONAL INSTITUTE OF FOOD AND AGRICULTURE EXTENSION ACTIVITIES
[Dollars in Thousands]
------------------------------------------------------------------------
------------------------------------------------------------------------
Smith-Lever, Section 3(b) and (c) 7 U.S.C. 343(b) and $315,000
programs and Cooperative Extension. (c) and 208(c) of
P.L. 93-471.
Extension Services at 1890 7 U.S.C. 3221......... 57,000
Institutions.
Extension Services at 1994 7 U.S.C. 343(b)(3).... 8,000
Institutions.
Facility Improvements at 1890 7 U.S.C. 3222b........ 20,500
Institutions.
Renewable Resources Extension Act.. 16 U.S.C. 1671 et seq. 4,060
Rural Health and Safety Education 7 U.S.C. 2662(i)...... 4,000
Programs.
Food Animal Residue Avoidance 7 U.S.C. 7642......... 2,500
Database Program.
Women and Minorities in STEM Fields 7 U.S.C. 5925......... 400
Food Safety Outreach Program....... 7 U.S.C. 7625......... 8,000
Food & Ag Service Learning......... 7 U.S.C. 7633......... 1,000
Farmer Stress Assistance Network... 7 U.S.C. 5936......... 10,000
Smith-Lever, Section 3(d):......... 7 U.S.C. 343(d)....... ...........
Food and Nutrition Education... ...................... 70,000
Farm Safety and Youth Farm ...................... 4,610
Safety Education Programs.
New Technologies for ...................... 1,550
Agricultural Extension.
Children, Youth, and Families ...................... 8,395
at Risk.
Federally Recognized Tribes ...................... 3,200
Extension Program.
Total, Section 3(d)........ ...................... 87,755
------------
Necessary Expenses of Extension
Activities:.
Agriculture in the K-12 Classroom.. 7 U.S.C. 3152(j)...... 552
Federal Administration--Other ...................... 7,790
Necessary Expenses for Extension
Activities.
Total, Necessary Expenses.. ...................... 8,342
------------
Total, Extension Activities ...................... $526,557
============
------------------------------------------------------------------------
Integrated Activities
The agreement provides $38,000,000 for the National
Institute of Food and Agriculture, Integrated Activities.
The following table reflects the amounts provided by the
agreement:
NATIONAL INSTITUTE OF FOOD AND AGRICULTURE INTEGRATED ACTIVITIES
[Dollars in Thousands]
------------------------------------------------------------------------
------------------------------------------------------------------------
Methyl Bromide Transition Program.. 7 U.S.C. 7626......... $2,000
Organic Transition Program......... 7 U.S.C. 7626......... 6,000
Regional Rural Development Centers. 7 U.S.C. 450i(c)...... 2,000
Food and Agriculture Defense 7 U.S.C. 3351......... 8,000
Initiative.
Crop Protection/Pest Management 7 U.S.C. 7626......... 20,000
Program.
Total, Integrated Activities... ...................... $38,000
============
------------------------------------------------------------------------
Office of the Under Secretary for Marketing and Regulatory Programs
The agreement provides $800,000 for the Office of the Under
Secretary for Marketing and Regulatory Programs.
Animal and Plant Health Inspection Service
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides $1,042,711,000 for the Animal and
Plant Health Inspection Service (APHIS), Salaries and Expenses.
The agreement provides a net increase of $31,575,000 for
high priority initiatives in order to protect the plant and
animal resources of the Nation from pests and diseases. Within
the increase total, the agreement includes the following:
$8,000,000 for Cattle Health to help control and eventually
eradicate cattle fever ticks; $5,700,000 for the Equine,
Cervid, and Small Ruminant Health program to help address
chronic wasting disease ($5,000,000), equine encephalitis
($500,000), and bovine tuberculosis ($200,000); $1,000,000 for
the Center for Veterinary Biologics for additional staff;
$7,200,000 for the Veterinary Diagnostics program, including
the $4,200,000 as requested and $3,000,000 to carry out the
science program at the National Bio and Agro-defense Facility
program; $2,000,000 for Field Crop and Rangeland Ecosystems
Pests in order to control or eradicate pests destroying Roseau
cane in wetlands near the Mississippi River Delta as well as
funds for APHIS to partner with states in the control and
eradication of the cogongrass weed; $6,000,000 for Specialty
Crop Pests for the control and eventual eradication of the
navel orangeworm; $1,380,000 for Wildlife Damage Management to
develop non-lethal strategies to reduce predator depredation;
and $295,000 for Horse Protection.
The agreement provides $9,000,000 for cervid health
activities. Within the funds provided, APHIS should give
consideration to indemnity payments if warranted. The agreement
notes the growing threat of chronic wasting disease and its
impact on free-ranging deer populations. Of the amount provided
for cervid health activities, $5,000,000 is provided for APHIS
to allocate funds directly to State departments of wildlife and
State departments of agriculture to further develop and
implement chronic wasting disease surveillance, testing,
management, and response activities. In allocating these funds,
APHIS shall give priority to States that have experienced a
recent incident of CWD, have a CWD monitoring and surveillance
program, and have a diagnostic laboratory system certified for
CWD testing.
The agreement understands that sudden oak death pathogens
are a major threat to western forests and export markets for
log shipments. The agreement provides no less than the fiscal
year 2019 level to continue treatment methods and eradication
in order to control the spread of this disease.
The following table reflects the agreement:
ANIMAL AND PLANT HEALTH INSPECTION SERVICE
[in thousands of dollars]
------------------------------------------------------------------------
------------------------------------------------------------------------
Animal Health Technical Services........................... $37,857
Aquatic Animal Health...................................... 2,253
Avian Health............................................... 62,840
Cattle Health.............................................. 104,500
Equine, Cervid, and Small Ruminant Health.................. 26,500
National Veterinary Stockpile.............................. 5,725
Swine Health............................................... 24,800
Veterinary Biologics....................................... 17,417
Veterinary Diagnostics..................................... 57,340
Zoonotic Disease Management................................ 16,523
------------
Subtotal, Animal Health................................ 355,755
------------
Agricultural Quarantine Inspection (Appropriated).......... 32,330
Cotton Pests............................................... 11,520
Field Crop & Rangeland Ecosystems Pests.................... 13,826
Pest Detection............................................. 27,446
Plant Protection Methods Development....................... 20,686
Specialty Crop Pests....................................... 192,013
Tree & Wood Pests.......................................... 60,000
------------
Subtotal, Plant Health................................. 357,821
------------
Wildlife Damage Management................................. 109,756
Wildlife Services Methods Development...................... 18,856
Subtotal, Wildlife Services............................ 128,612
------------
Animal & Plant Health Regulatory Enforcement............... 16,224
Biotechnology Regulatory Services.......................... 18,875
------------
Subtotal, Regulatory Services.......................... 35,099
------------
Contingency Fund........................................... 470
Emergency Preparedness & Response.......................... 40,966
------------
Subtotal, Emergency Management......................... 41,436
------------
Agriculture Import/Export.................................. 15,599
Overseas Technical & Trade Operations...................... 24,115
------------
Subtotal, Safe Trade................................... 39,714
------------
Animal Welfare............................................. 31,310
Horse Protection........................................... 1,000
------------
Subtotal, Animal Welfare............................... 32,310
------------
APHIS Information Technology Infrastructure................ 4,251
Physical/Operational Security.............................. 5,146
Rent and DHS Payments...................................... 42,567
------------
Subtotal, Agency Management............................ 51,964
============
Total, Direct Appropriation........................ $1,042,711
============
------------------------------------------------------------------------
BUILDINGS AND FACILITIES
The agreement provides $3,175,000 for APHIS Buildings and
Facilities.
Agricultural Marketing Service
MARKETING SERVICES
The agreement provides $186,936,000 for Agricultural
Marketing Service.
The agreement provides increases of $16,496,000 for
implementation of the Hemp Production Program; $5,400,000 for
the Farmers Market and Local Food Promotion Program; $4,454,000
for warehouse activities for one-time information technology
investments; $2,000,000 for the Acer Access and Development
Program; and $2,000,000 for the National Organic Program.
The agreement recognizes the importance of consumer
confidence in the integrity of the USDA Organic Seal. The
agreement appreciates the work the USDA has done to increase
training and certifier consistency with respect to dairy
operations. The agreement urges USDA to continue to conduct
this critical risk based oversight, particularly for large
complex dairy operations.
LIMITATION ON ADMINISTRATIVE EXPENSES
The agreement includes a limitation on administrative
expenses of $61,227,000.
FUNDS FOR STRENGTHENING MARKETS, INCOME, AND SUPPLY (SECTION 32)
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides $20,705,000 for Funds for
Strengthening Markets, Income, and Supply.
The following table reflects the status of this fund for
fiscal year 2020:
ESTIMATED TOTAL FUNDS AVAILABLE AND BALANCE CARRIED FORWARD
[Dollars in Thousands]
------------------------------------------------------------------------
------------------------------------------------------------------------
Appropriation (30% of Customs Receipts)................. $15,123,425
Less Transfers:
Food and Nutrition Service.......................... -13,535,591
Commerce Department................................. -183,834
Total, Transfers.................................... -13,719,425
---------------
Budget Authority, Farm Bill......................... 1,404,000
---------------
Rescisison of Current Year Funds:
Apprpriations Temporarily Reduced-- Sequestration....... -72,275
Budget Authority, Appropriations Act................ 1,331,725
---------------
Less Obligations:
Child Nutrition Programs (Entitlement Commodities).. 485,000
State Option Contract............................... 5,000
Removal of Defective Commodities.................... 2,500
Disaster Relief..................................... 5,000
Additional Fruits, Vegetables, and Nuts Purchases... 206,000
Fresh Fruit and Vegetable Program................... 179,000
Estimated Future Needs.............................. 392,667
Total, Commodity Procurement.................... 1,275,167
---------------
Administrative Funds:
Commodity Purchase Support.......................... 35,853
Marketing Agreements and Orders..................... 20,705
Total, Administrative Funds..................... 56,558
---------------
Total Obligations............................... $1,331,725
------------------------------------------------------------------------
PAYMENTS TO STATES AND POSSESSIONS
The agreement provides $1,235,000 for Payments to States
and Possessions.
LIMITATION ON INSPECTION AND WEIGHING SERVICES EXPENSES
The agreement includes a limitation on inspection and
weighing services expenses of $55,000,000.
Office of the Under Secretary for Food Safety
The agreement provides $800,000 for the Office of the Under
Secretary for Food Safety.
Food Safety and Inspection Service
The agreement provides $1,054,344,000 for the Food Safety
and Inspection Service.
The following table reflects the agreement:
FOOD SAFETY AND INSPECTION SERVICE
[Dollars in Thousands]
------------------------------------------------------------------------
------------------------------------------------------------------------
Federal.................................................... $936,324
State...................................................... 66,682
International.............................................. 16,758
Public Health Data Communications Infrastructure System.... 34,580
============
Total, Food Safety and Inspection Service.............. $1,054,344
------------------------------------------------------------------------
TITLE II
Farm Production and Conservation Programs
Office of the Under Secretary for Farm Production and Conservation
The agreement provides $901,000 for the Office of the Under
Secretary for Farm Production and Conservation.
The agreement recognizes the importance of disaster
planning and directs the Department to work with producers that
want to voluntarily develop disaster plans to prevent livestock
deaths and injuries.
Farm Production and Conservation Business Center
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides $203,877,000 for the Farm Production
and Conservation (FPAC) Business Center. In addition,
$16,081,000 is transferred from the Agricultural Credit
Insurance Fund and $60,228,000 is transferred from the
Commodity Credit Corporation.
The agreement recognizes the Farm and Production
Conservation (FPAC) Business Center was created with the goal
of consolidating administrative functions. The agreement
directs the Secretary to report to the Committees, within 60
days of enactment, on what efficiencies have been gained, by
which metrics the Business Center is being measured, how the
Business Center will accelerate hiring going forward, and any
existing plans for additional reorganizations of staff into the
Business Center.
Farm Service Agency
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides $1,122,837,000 for Farm Service
Agency, Salaries and Expenses.
The agreement includes an additional $35,000,000 for the
hiring of farm loan officers, county office trainees, and
county office staff to address staffing shortages across the
country. The total also accepts the proposed information
technology savings and provides a net increase of $6,182,000
for IT improvements.
The agreement acknowledges the Department met the FSA
Workload Study as directed by House Report 114-205 through the
Optimally Productive Office (OPO) Study. The OPO provides
FPAC's frontline leaders with a set of tools that enables them
to better manage field capacity by focusing on both level and
distribution of staff as well as location of offices by using
data-driven methods. At this time, as the Committees continue
to analyze the results of the OPO Study, the agreement
continues language preventing the closure of FSA county
offices.
The agreement recognizes avian predation and disease
threaten the viability of the U.S. aquaculture industry. The
agreement notes that the Secretary is authorized to provide
relief to farm raised fish producers under 7 U.S.C. 9081(d)(2)
for losses due to disease, or other factors as determined by
the Secretary. The agreement directs FSA within 180 days of
enactment to amend the existing regulations under 7 C.F.R. 1416
to ensure producers of farm-raised fish intended for human
consumption are eligible to receive payments for death losses
due to disease or avian predation.
The agreement directs FSA to work with ranchers to tailor
the Livestock Indemnity Program (LIP) to address unique
circumstances, such as panther and bald eagle depredation,
which are currently preventing producers from receiving
compensation for losses.
The following table reflects the agreement:
[Dollars in Thousands]
------------------------------------------------------------------------
------------------------------------------------------------------------
Salaries and expenses...................................... $1,122,837
Transfer from P.L. 480................................. 142
Transfer from export loans............................. 318
Transfer from ACIF..................................... 290,917
============
Total, FSA Salaries and expenses................... $1,414,214
------------------------------------------------------------------------
STATE MEDIATION GRANTS
The agreement provides $5,545,000 for State Mediation
Grants.
GRASSROOTS SOURCE WATER PROTECTION PROGRAM
The agreement provides $6,500,000 for the Grassroots Source
Water Protection Program.
DAIRY INDEMNITY PROGRAM (INCLUDING TRANSFER OF FUNDS)
The agreement provides $500,000 for the Dairy Indemnity
Program.
AGRICULTURAL CREDIT INSURANCE FUND PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides $8,431,016,000 for the ACIF program
account.
The following table reflects the agreement:
[Dollars in Thousands]
------------------------------------------------------------------------
------------------------------------------------------------------------
Loan Authorizations:
Farm Ownership Loans:
Direct................................................. $1,875,000
Guaranteed............................................. 2,750,000
Subtotal, Farm Ownership Loans..................... 4,625,000
------------
Farm Operating Loans:
Direct................................................. 1,550,133
Unsubsidized Guaranteed................................ 1,960,000
Subtotal, Farm Operating Loans..................... 3,510,133
------------
Emergency Loans............................................ 37,668
Indian Tribe Land Acquisition Loans........................ 20,000
Conservation Loans-Guaranteed.............................. 150,000
Relending Program.......................................... 18,215
Indian Highly Fractionated Land............................ 10,000
Boll Weevil Eradication.................................... 60,000
Total, Loan Authorizations................................. 8,431,016
============
Loan Subsidies:
Farm Operating Loan Subsidies:
Direct................................................. 58,440
Unsubsidized Guaranteed................................ 20,972
Subtotal, Farm Operating Subsidies................. 79,412
------------
Emergency Loans........................................ 2,023
Relending Program...................................... 5,000
Indian Highly Fractionated Land........................ 2,745
Boll Weevil Eradication................................ 60
Total, Loan Subsidies.............................. 89,240
============
ACIF Expenses:
Salaries and Expenses.................................. 290,917
Administrative Expenses................................ 10,070
Transfer to FPAC Business Center....................... 16,081
Total, ACIF Expenses............................... $317,068
============
------------------------------------------------------------------------
Risk Management Agency
SALARIES AND EXPENSES
The agreement provides $58,361,000 for the Risk Management
Agency (RMA), Salaries and Expenses.
Natural Resources Conservation Service
CONSERVATION OPERATIONS
The agreement provides $829,628,000 for Conservation
Operations.
The agreement provides $9,400,000 for the Snow Survey and
Water Forecasting Program; $9,481,000 for the Plant Materials
Centers; $74,987,000 the Soil Surveys Program; and $735,760,000
for Conservation Technical Assistance, of which $9,834,000 is
for the farmers.gov Customer Experience Portal program.
The agreement acknowledges many States and Tribal Lands
lack adequate coverage of weather service monitors to
accurately report weather conditions, such as drought. The
agreement directs NRCS to work with States, Tribal
Organizations, and local governments to help purchase new or
upgrade existing weather stations to improve reporting
accuracy.
WATERSHED AND FLOOD PREVENTION OPERATIONS
The agreement provides $175,000,000 for Watershed and Flood
Prevention Operations.
WATERSHED REHABILITATION PROGRAM
The agreement provides $10,000,000 for the Watershed
Rehabilitation Program.
CORPORATIONS
Federal CROP Insurance Corporation Fund
The agreement provides such sums as may be necessary for
the Federal Crop Insurance Corporation Fund.
Commodity Credit Corporation Fund
REIMBURSEMENT FOR NET REALIZED LOSSES
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides such sums as may be necessary for
Reimbursement for Net Realized Losses of the Commodity Credit
Corporation.
HAZARDOUS WASTE MANAGEMENT
(LIMITATION ON EXPENSES)
The agreement provides a limitation of $5,000,000 for
Hazardous Waste Management.
TITLE III
RURAL DEVELOPMENT PROGRAMS
Office of the Under Secretary for Rural Development
The agreement provides $800,000 for the Office of the Under
Secretary for Rural Development.
The agreement requires the Secretary to prioritize the
maintenance needs for rural housing facilities and staff needs
which shall include: (1) oversight of aging rental housing
program properties with capital repair needs; (2) the needs of
staff overseeing the Rural Housing Service and field staff
conducting housing inspections; and (3) enforcement against
property owners when those owners fail to make necessary
repairs.
The agreement provides an additional $555,000,000 for the
Re-Connect program to increase access to broadband connectivity
in unserved and underserved rural communities targeting areas
of the country with the largest broadband coverage gaps,
including those with mountainous terrains. As the Department
concludes the first round of applications it is encouraged to
complete an assessment of the first round. The agreement
recognizes possible unintended consequences and unanticipated
obstacles may have arisen in varying program stages and
requests USDA to make necessary improvements to the program
moving forward. This may include, but is not limited to,
convening interested stakeholders, reassessing scoring criteria
and considering the challenges of accurate broadband speed
maps. The agreement reiterates the importance of maximizing
these investments and avoiding any duplication of existing
networks built by private investment or those built leveraging
and utilizing other Federal programs.
Rural Development
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides $247,835,000 for Rural Development,
Salaries and Expenses.
The agreement directs the Secretary to have no fewer than
4,600 full time on board staff by the end of fiscal year 2020,
and directs the Department to provide a quarterly update
listing total Full Time Equivalents (FTE).
The agreement provides an additional $1,000,000 for the
Rural Development mission area to enter into a request for
proposal to identify a public-private partnership or
partnerships with expertise and experience working with rural
communities in ``place-making'' as a way to foster
simultaneously the adoption of broadband services and the
creation of greater social and cultural vitality. Selection
criteria must include geographic and ethnic diversity as well
as such factors as the revitalization and shaping of future
town centers, community and county wellbeing and economic
vitality, and the enhancement of full community participation
in creating growth strategies. An annual report shall be
provided to Congress on the accelerators of and impediments to
success of implementation of broadband, integration of all
rural development programs and drivers for making a place more
livable.
Rural Housing Service
RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides a total subsidy of $538,939,000 for
activities under the Rural Housing Insurance Fund Program
Account.
The following table indicates loan, subsidy, and grant
levels provided by the agreement:
[Dollars in Thousands]
------------------------------------------------------------------------
------------------------------------------------------------------------
Loan authorizations:
Single family housing (sec. 502)
Direct................................................. $1,000,000
Unsubsidized guaranteed................................ 24,000,000
Housing repair (sec. 504).................................. 28,000
Rental housing (sec. 515).................................. 40,000
Multi-family guaranteed (sec. 538)......................... 230,000
Site development loans (sec. 524).......................... 5,000
Credit sales of acquired property.......................... 10,000
Self-help housing land development (sec. 523).............. 5,000
Farm labor housing......................................... 28,000
Total, Loan authorizations............................. $25,346,000
============
Loan subsidies, grants & administrative expenses:
Single family housing (sec. 502)
Direct................................................. $90,000
Housing repair (sec. 504).................................. 4,679
Rental housing (sec. 515).................................. 12,144
Farm labor housing (sec. 514).............................. 8,739
Site development loans (sec. 524).......................... 546
Self-help land development (sec. 523)...................... 577
Total, loan subsidies.................................. 116,685
------------
Farm labor housing grants.................................. 10,000
Total, loan subsidies and grants....................... 126,685
------------
Administrative expenses (transfer to RD)................... 412,254
Total, Loan subsidies, grants, and administrative $538,939
expenses..............................................
============
------------------------------------------------------------------------
RENTAL ASSISTANCE PROGRAM
The agreement provides $1,375,000,000 for the Rental
Assistance Program.
MULTI-FAMILY HOUSING REVITALIZATION PROGRAM ACCOUNT
The agreement provides $60,000,000 for the Multi-Family
Housing Revitalization Program Account, including $32,000,000
to fully fund rural housing voucher demand as estimated by
USDA.
MUTUAL AND SELF-HELP HOUSING GRANTS
The agreement provides $31,000,000 for Mutual and Self-Help
Housing Grants.
RURAL HOUSING ASSISTANCE GRANTS
The agreement provides $45,000,000 for Rural Housing
Assistance Grants.
The following table reflects the grant levels provided by
the agreement:
[Dollars in Thousands]
------------------------------------------------------------------------
------------------------------------------------------------------------
Very low income housing repair grants...................... $30,000
Housing preservation grants................................ 15,000
Total, grant program................................... $45,000
============
------------------------------------------------------------------------
RURAL COMMUNITY FACILITIES PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides $49,000,000 for the Rural Community
Facilities Program Account.
The agreement notes that the House and Senate reports
contain reporting requirements for Community Facilities loans,
and encourages Rural Development to make these available on the
Department's website.
The agreement recognizes the importance of courthouses in
rural impoverished communities, particularly persistent poverty
counties, and notes that renovation and repair of these
courthouses are an eligible activity under the Community
Facilities Direct Loan and Grant program.
The following table reflects the loan, subsidy, and grant
amounts provided by the agreement:
[Dollars in Thousands]
------------------------------------------------------------------------
------------------------------------------------------------------------
Loan authorizations:
CF direct loans........................................ $2,800,000
CF guaranteed loans.................................... 500,000
Loan subsidies and grants:
CF grants.............................................. 32,000
Rural Community Development Initiative................. 6,000
Economic Impact Initiative............................. 6,000
Tribal college grants.................................. 5,000
Total, subsidy and grants.......................... $49,000
============
------------------------------------------------------------------------
Rural Business--Cooperative Service
RURAL BUSINESS PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides $66,500,000 for the Rural Business
Program Account.
The agreement recognizes that certain territories may not
have unemployment rates by localities. In this event, the
agreement encourages USDA to consider granting priority points
for unemployment rates when an applicant does not have
unemployment rates by localities but the applicant's proposed
service area has an unemployment rate exceeding 125 percent of
the national average.
The following table reflects the loan, subsidy, and grant
levels provided by the agreement:
(Dollars in Thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Loan level:
Business and industry guaranteed loans................. $1,000,000
Loan subsidy and grants:
Business and industry guaranteed loans................. 20,500
Rural business development grants...................... 37,000
Delta Regional Authority/Appalachian Regional 9,000
Commission/Northern Border Regional Commission........
Total, Rural Business Program subsidy and grants... $66,500
============
------------------------------------------------------------------------
INTERMEDIARY RELENDING PROGRAM FUND ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
The agreement provides $9,687,000 for the Intermediary
Relending Program Fund Account.
The following table reflects the loan and subsidy levels
provided by the agreement:
[Dollars in Thousands]
------------------------------------------------------------------------
------------------------------------------------------------------------
Loan level:
Estimated loan level................................... $18,889
Subsidies and administrative expenses:
Direct loan subsidy level.............................. 5,219
Administrative expenses.................................... 4,468
Subtotal, subsidies and administrative expenses........ $9,687
============
------------------------------------------------------------------------
RURAL ECONOMIC DEVELOPMENT LOANS PROGRAM ACCOUNT
The agreement provides $50,000,000 for the Rural Economic
Development Loans Program Account.
RURAL COOPERATIVE DEVELOPMENT GRANTS
The agreement provides $26,600,000 for Rural Cooperative
Development Grants.
Rural Microentrepreneur Program
The agreement provides $6,000,000 for the Rural Micro-
Entrepreneur Program.
RURAL ENERGY FOR AMERICA PROGRAM
The agreement provides $706,000 for the Rural Energy for
America Program.
Rural Utilities Service
RURAL WATER AND WASTE DISPOSAL PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides $659,480,000 for the Rural Utilities
Service Rural Water and Waste Disposal Program Account.
The following table reflects the loan, subsidy, and grant
levels provided by the agreement:
(Dollars in Thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Loan authorizations:
Water and waste direct loans........................... $1,400,000
Water and waste guaranteed loans....................... 50,000
Subsidies and grants:
Water and Waste Direct Loans........................... 63,840
Guaranteed loan subsidy................................ 70
Water and waste revolving fund......................... 1,000
Water well system grants............................... 5,000
Grants for Colonias, Native Americans, and Alaska 68,000
Native Villages.......................................
Water and waste technical assistance grants............ 30,000
Circuit Rider program.................................. 19,570
Solid waste management grants.......................... 4,000
High energy cost grants................................ 10,000
Water and waste disposal grants........................ 443,000
306A(i)(2) grants...................................... 15,000
Total, subsidies and grants........................ $659,480
============
------------------------------------------------------------------------
RURAL ELECTRIFICATION AND TELECOMMUNICATIONS LOANS PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
The agreement provides $37,065,000 for activities under the
Rural Electrification and Telecommunications Loans Program
Account.
The following table indicates loan levels provided by the
agreement:
[Dollars in Thousands]
------------------------------------------------------------------------
------------------------------------------------------------------------
Loan authorizations:
Electric:
Direct, FFB............................................ $5,500,000
Guaranteed underwriting................................ 750,000
Subtotal, electric................................. 6,250,000
------------
Telecommunications:
Direct, treasury rate.................................. 345,000
Direct, FFB............................................ 345,000
Loan subsidy:
Direct, treasury rate.................................. 3,795
Total, loan authorizations......................... 6,940,000
------------
Administrative expenses............................ 33,270
Total, budget authority............................ $37,065
============
------------------------------------------------------------------------
DISTANCE LEARNING, TELEMEDICINE, AND BROADBAND PROGRAM
The agreement provides $87,000,000 for the Distance
Learning, Telemedicine, and Broadband Program.
The following table indicates loan levels provided by the
agreement:
[Dollars in Thousands]
------------------------------------------------------------------------
------------------------------------------------------------------------
Loan authorization:
Broadband telecommunications........................... $11,179
Total, loan authorization.......................... 11,179
------------
Subsidy and grants:
Distance learning and telemedicine grants.............. 50,000
Broadband telecommunications program
Direct (treasury rate loans)........................... 2,000
Grants................................................. 35,000
Total, subsidies and grants........................ $87,000
============
------------------------------------------------------------------------
TITLE IV
DOMESTIC FOOD PROGRAMS
Office of the Under Secretary for Food, Nutrition, and Consumer
Services
The agreement provides $800,000 for the Office of the Under
Secretary for Food, Nutrition, and Consumer Services.
The agreement requires the Secretary to conduct a study on
the challenges that the Food Distribution Program on Indian
Reservations, and other food distribution programs administered
by the Secretary, face in reaching underserved populations. An
emphasis should be placed on the homebound and elderly to
better capture data on the population of people unable to
travel to a distribution location.
Food and Nutrition Service
CHILD NUTRITION PROGRAMS
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides $23,615,098,000 for Child Nutrition
Programs, including $1,000,000 in Team Nutrition to help
schools meet the sodium-reduction targets.
Summer EBT is an effective program that has been proven to
lower food insecurity. The agreement encourages FNS to consider
previous recipients to continue building on the investments and
nutritional gains made.
The agreement directs the Department to review its decision
to maintain the current crediting standard for strained, high-
protein yogurt, and requests a briefing to better understand
food crediting in the Child Nutrition.
The agreement provides the following for Child Nutrition
Programs:
TOTAL OBLIGATIONAL AUTHORITY
(Dollars in Thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
School lunch program.................................... $12,507,478
School breakfast program................................ 4,831,384
Child and adult care food program....................... 3,835,706
Summer food service program............................. 526,385
Special milk program.................................... 7,064
State administrative expenses........................... 314,922
Commodity procurement................................... 1,419,968
Team Nutrition.......................................... 18,004
Food safety education................................... 2,929
Coordinated review...................................... 10,000
Computer support and processing......................... 12,124
CACFP training and technical assistance................. 33,935
Child Nutrition Program studies and evaluations......... 14,999
Child Nutrition payment accuracy........................ 11,203
Farm to school tactical team............................ 3,997
School meals equipment grants........................... 30,000
Summer EBT demonstration................................ 35,000
---------------
Total........................................... $23,615,098
------------------------------------------------------------------------
SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS, AND CHILDREN
(WIC)
The agreement provides $6,000,000,000 for the Special
Supplemental Nutrition Program for Women, Infants, and
Children.
The agreement fully funds anticipated participation for
fiscal year 2020. Included in the agreement is $90,000,000 for
breastfeeding peer counselors and $14,000,000 for
infrastructure.
The work of the National Academies of Science (NAS) to
review and make recommendations for updating the WIC food
packages to reflect current science and cultural factors is
recognized. The agreement notes, however, that while all
revised packages now allow some fish, the amounts remain low
compared to the recommendations of other authoritative health
agencies. The agreement strongly encourages the Department to
consider the health and cultural benefits of fish consumption
as the NAS recommendations are reviewed and used to inform the
Department's next course of action. The agreement also strongly
encourages the Department to continue to allow states to submit
cultural food package proposals to respond to the cultural
preferences of WIC participants in states like Alaska.
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM
The agreement provides $67,886,285,000 for the Supplemental
Nutrition Assistance Program (SNAP).
The agreement provides $5,000,000 for the nationwide
implementation of the National Accuracy Clearinghouse, as
described in Section 4011 of the Agriculture Improvement Act of
2018.
The agreement provides the following for SNAP:
TOTAL OBLIGATIONAL AUTHORITY
[Dollars in Thousands]
------------------------------------------------------------------------
------------------------------------------------------------------------
Benefits................................................ $56,164,372
Contingency reserve..................................... 3,000,000
Administrative costs:
State administrative costs.............................. 4,965,651
Nutrition Education and Obesity Prevention Grant Program 441,000
Employment and Training................................. 613,694
Mandatory other program costs........................... 218,289
Discretionary other program costs....................... 998
Administrative subtotal................................. 6,239,632
---------------
Nutrition Assistance for Puerto Rico (NAP).............. 1,969,741
American Samoa.......................................... 7,911
Food Distribution Program on Indian Reservations........ 160,231
TEFAP commodities....................................... 322,250
Commonwealth of the Northern Mariana Islands............ 12,148
Community Food Projects................................. 5,000
Program access.......................................... 5,000
Subtotal............................................ 2,482,281
---------------
Total........................................... $67,886,285
===============
------------------------------------------------------------------------
COMMODITY ASSISTANCE PROGRAM
The agreement provides $344,248,000 for the Commodity
Assistance Program.
The agreement provides $245,000,000 for the Commodity
Supplemental Food Program; $18,548,000 for the Farmers' Market
Nutrition Program; and $79,630,000 for the Emergency Food
Assistance Program.
NUTRITION PROGRAMS ADMINISTRATION
The agreement provides $155,891,000 for Nutrition Programs
Administration.
TITLE V
FOREIGN ASSISTANCE AND RELATED PROGRAMS
Office of the Under Secretary for Trade and Foreign Agricultural
Affairs
The agreement provides $875,000 for the Office of the Under
Secretary for Trade and Foreign Agricultural Affairs.
Office of Codex Alimentarius
The agreement provides $4,775,000 for the Office of Codex
Alimentarius.
Foreign Agricultural Service
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides $215,513,000 for the Foreign
Agricultural Service, Salaries and Expenses and a transfer of
$6,063,000.
The agreement provides increases of $900,000 for Capital
Security Cost Sharing, $1,600,000 for International Cooperative
Administrative Support Services, $1,530,000 for locally engaged
staff and $593,000 for Biotech. Within the amount provided, the
agreement also includes $7,200,000 for the Country Strategy
Support Fund.
FOOD FOR PEACE TITLE I DIRECT CREDIT AND FOOD FOR PROGRESS PROGRAM
ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
The agreement provides $142,000 for administrative expenses
for the Food for Peace Title I Direct Credit and Food for
Progress Program Account to be transferred to and merged with
the appropriation for ``Farm Service Agency, Salaries and
Expenses''.
FOOD FOR PEACE TITLE II GRANTS
The agreement provides $1,725,000,000 for Food for Peace
Title II Grants.
McGovern-Dole International Food for Education and Child Nutrition
Program Grants
The agreement provides $220,000,000 for the McGovern-Dole
International Food for Education and Child Nutrition Program.
COMMODITY CREDIT CORPORATION EXPORT (LOANS)
CREDIT GUARANTEE PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides $6,381,000 for the Commodity Credit
Corporation Export Loans Credit Guarantee Program Account.
TITLE VI
RELATED AGENCIES AND FOOD AND DRUG ADMINISTRATION
Department of Health and Human Services
FOOD AND DRUG ADMINISTRATION
SALARIES AND EXPENSES
The agreement provides $3,159,678,000 in discretionary
budget authority and $2,612,764,000 in definite user fees for a
total of $5,772,442,000 for Food and Drug Administration,
Salaries and Expenses. This total does not include permanent,
indefinite user fees for: the Mammography Quality Standards
Act; Color Certification; Export Certification; Priority Review
Vouchers Pediatric Disease; Food and Feed Recall; Food
Reinspection; Voluntary Qualified Importer Program; the Third
Party Auditor Program; Outsourcing Facility; and Over-the-
Counter Monograph.
The agreement expects the FDA to continue all projects,
activities, laboratories, and programs as included in fiscal
year 2019 unless otherwise specified, and maintains the
$1,500,000 transfer to the Health and Human Services' Inspector
General for its audit and oversight work involving the FDA.
The agreement provides an increase of $91,000,000, of which
$78,900,000 is for medical product and food safety activities
and $12,100,000 for critical infrastructure improvements.
Within the increases provided for medical products safety,
the agreement includes $7,000,000 for Medical Countermeasures
Initiatives; $10,000,000 for Integrated Pathogen Reduction of
the Blood Supply; $1,000,000 for the Office of Laboratory
Safety; $9,000,000 for Compounding; $4,000,000 to Transform
Medical Device Safety, Cybersecurity, Review, and Innovation;
$2,000,000 for MedTech Manufacturing; $1,900,000 for
Modernizing Generic Drug Development and Review; $8,000,000 to
combat the Opioid Epidemic, $5,000,000 for Rare Cancer
Therapeutics; and $1,000,000 for the Pediatric Device
Consortia.
Within the increases provided for food safety activities,
the agreement provides $5,000,000 for Promoting Innovation and
Emerging Technology While Maintaining Product Safety, of which
$500,000 is to address pentobarbital in pet food; $7,000,000
for Advancing FSMA; $8,000,000 for Strengthening Response
Capabilities for Foodborne Outbreaks; $3,000,000 for the Office
of Dietary Supplements; $5,000,000 for Imported Seafood Safety
Pilot; $2,000,000 for Cannabidiol (CBD) activities; $500,000
for the National Antimicrobial Resistance Monitoring System
(NARMS); and $1,000,000 for Standards of Identity Activities
for Foods.
The agreement includes $2,000,000 for research, policy
evaluation, market surveillance, issuance of an enforcement
discretion policy, and appropriate regulatory activities with
respect to products under the jurisdiction of the FDA which
contain CBD and meet the definition of hemp, as set forth in
section 297A of the Agricultural Marketing Act of 1946 (7
U.S.C. 1639o). Within 60 days of enactment of this Act, the FDA
shall provide the Committees with a report regarding the
agency's progress toward obtaining and analyzing data to help
determine a policy of enforcement discretion and the process in
which CBD meeting the definition of hemp will be evaluated for
use in products. The FDA is further directed to perform a
sampling study of the current CBD marketplace to determine the
extent to which products are mislabeled or adulterated and
report to the Committees within 180 days of enactment of this
Act.
The agreement acknowledges the submission of a
comprehensive petition pending at the FDA to establish a
separate U.S. Standard of Identity for different grades of
olive oil (e.g., extra virgin, virgin, and refined) and olive-
pomace oils. With a pending petition now at the FDA, the
agreement directs the FDA to complete work on this petition as
expeditiously as possible.
The agreement notes that the SUPPORT ACT (P.L. 115-271)
granted the FDA new authority to require special packaging,
including unit dose packaging, for opioids and other drugs that
pose a serious risk of abuse or overdose for certain patients
and directs the FDA to provide an update on the status of the
review of comments received under the request for information
within 90 days of enactment, including any proposed changes to
the Opioid Analgesic Risk Evaluation and Mitigation Strategy
(OA REMS) within 30 days after the FDA requires a modification
to the OA REMS to require unit dose packaging for other
opioids, should it do so.
The agreement expects the Center for Food Safety and
Applied Nutrition to fund at least at the 2019 level those
agreements on outreach to farmers that are continued in 2020.
The agreement encourages FDA to accelerate the review of
penicillin allergy skin tests to address the serious and
growing problem of antibiotic resistance.
The agreement does not intend the language in Section 790
to apply to animals with an approved intentional genomic
alteration other than the animals approved by FDA in November
2015 or to marketing of other animals genetically engineered to
produce drugs.
The agreement provides specific amounts by Food and Drug
Administration activity as reflected in the following table:
FOOD AND DRUG ADMINISTRATION--SALARIES & EXPENSES
[Dollars in Thousands]
------------------------------------------------------------------------
------------------------------------------------------------------------
Budget Authority:
Foods............................................... $1,088,881
Center for Food Safety and Applied Nutrition........ 341,966
Field Activities.................................. 746,915
Human Drugs......................................... 683,195
Center for Drug Evaluation and Research............. 507,726
Field Activities.................................. 175,469
Biologics........................................... 252,138
Center for Biologics Evaluation and Research........ 210,132
Field Activities.................................. 42,006
Animal Drugs and Feeds.............................. 190,869
Center for Veterinary Medicine...................... 122,099
Field Activities.................................. 68,770
Devices and Radiological Products................... 395,168
Center for Devices and Radiological Health.......... 310,163
Field Activities.................................. 85,005
National Center for Toxicological Research.............. 66,712
Other Activities/Office of the Commissioner............. 185,420
White Oak Consolidation................................. 45,914
Other Rent and Rent Related Activities.................. 80,173
GSA Rent................................................ 171,208
Subtotal, Budget Authority.......................... 3,159,678
---------------
User Fees:
Prescription Drug User Fee Act...................... 1,074,714
Medical Device User Fee and Modernization Act....... 220,142
Human Generic Drug User Fee Act..................... 513,223
Biosimilar User Fee Act............................. 41,923
Animal Drug User Fee Act............................ 30,611
Animal Generic Drug User Fee Act.................... 20,151
Tobacco Product User Fees........................... 712,000
Subtotal, User Fees............................. 2,612,764
---------------
Total, FDA Program Level.................... $5,772,442
===============
------------------------------------------------------------------------
BUILDINGS AND FACILITIES
The agreement provides $11,788,000 for the Food and Drug
Administration Buildings and Facilities.
FDA Innovation Account, Cures Act
(INCLUDING TRANSFER OF FUNDS)
The agreement provides $75,000,000 for the FDA as
authorized in the 21st Century Cures Act.
INDEPENDENT AGENCIES
Commodity Futures Trading Commission
The agreement provides $315,000,000 for the Commodity
Futures Trading Commission.
Farm Credit Administration
LIMITATION ON ADMINISTRATIVE EXPENSES
The agreement includes a limitation of $77,000,000 on
administrative expenses of the Farm Credit Administration.
TITLE VII
GENERAL PROVISIONS
(INCLUDING RESCISSIONS AND TRANSFERS OF FUNDS)
Section 701.--The bill includes language regarding motor
vehicles.
Section 702.--The bill includes language regarding the
Working Capital Fund of the Department of Agriculture.
Section 703.--The bill includes language limiting funding
provided in the bill to one year unless otherwise specified.
Section 704.--The bill includes language regarding indirect
cost share.
Section 705.--The bill includes language regarding the
availability of loans funds in Rural Development programs.
Section 706.--The bill includes language regarding new
information technology systems.
Section 707.--The bill includes language regarding fund
availability in the Agriculture Management Assistance program.
Section 708.--The bill includes language regarding Rural
Utilities Service program eligibility.
Section 709.--The bill includes language regarding funds
for information technology expenses for the Farm Service Agency
and the Rural Development mission area.
Section 710.--The bill includes language prohibiting first-
class airline travel.
Section 711.--The bill includes language regarding the
availability of certain funds of the Commodity Credit
Corporation.
Section 712.--The bill includes language regarding funding
for advisory committees.
Section 713.--The bill includes language regarding IT
system regulations.
Section 714.--The bill includes language regarding Section
32 activities.
Section 715.--The bill includes language regarding user fee
proposals without offsets.
Section 716.--The bill includes language regarding the
reprogramming of funds and notification requirements.
Section 717.--The bill includes language regarding fees for
the guaranteed business and industry loan program.
Section 718.--The bill includes language regarding the
appropriations hearing process.
Section 719.--The bill includes language regarding
government-sponsored news stories.
Section 720.--The bill includes language regarding details
and assignments of Department of Agriculture employees.
Section 721.--The bill includes language regarding Rural
Development programs.
Section 722.--The bill includes language requiring spend
plans.
Section 723.--The bill includes language regarding
nutrition programs.
Section 724.--The bill includes language regarding section
502 single family direct loans.
Section 725.--The bill includes language regarding USDA
loan program levels.
Section 726.--The bill includes language regarding credit
card refunds and rebates.
Section 727.--The bill includes language regarding the
definition of the term ``variety'' in SNAP.
Section 728.--The bill includes language regarding the
Secretary's authority with respect to the 502 guaranteed loan
programs.
Section 729.--The bill includes language regarding
electronically available information for prescribing healthcare
professionals.
Section 730.--The bill includes language regarding FDA
regulations with respect to spent grains.
Section 731.--The bill includes language regarding Food for
Peace.
Section 732.--The bill includes funding for the Rural
Energy Savings Program.
Section 733.--The bill includes language regarding country
or regional audits.
Section 734.--The bill includes language regarding
partially hydrogenated oils.
Section 735.--The bill includes language related to the
Animal Welfare Act.
Section 736.--The bill includes language regarding U.S.
iron and steel products in public water or wastewater systems.
Section 737.--The bill includes language regarding
lobbying.
Section 738.--The bill includes language relating to the
use of raw or processed poultry products from the People's
Republic of China in various domestic nutrition programs.
Section 739.--The bill includes language related to the
Federal Meat Inspection Act.
Section 740.--The bill includes language related to
persistent poverty counties.
Section 741.--The bill includes language related to the
importation of poultry products slaughtered in the People's
Republic of China.
Section 742.--The bill provides funding for the Farm to
School program.
Section 743.--The bill provides funding for the Healthy
Foods Financing Initiative.
Section 744.--The bill provides funding for activities
related to citrus greening.
Section 745.--The bill includes language related to
investigational use of drugs or biological products.
Section 746.--The bill includes language related to the
growing, harvesting, packing and holding of certain produce.
Section 747.--The bill includes language related to certain
school food lunch prices.
Section 748.--The bill provides funding for grants to
enhance farming and ranching opportunities for military
veterans.
Section 749.--The bill includes language related to the
school breakfast program.
Section 750.--The bill includes language regarding hemp.
Section 751.--The bill includes language related to Food
and Drug Administration advice about eating fish.
Section 752.--The bill provides funding for Centers of
Excellence.
Section 753.--The bill provides funding for rural hospital
technical assistance.
Section 754.--The bill provides funding for grants under
the section 12502 of Public Law 115-334.
Section 755.--The bill provides funding to carry out
section 1621 of Public Law 110-246.
Section 756.--The bill includes language related to the
National Organic Program.
Section 757.--The bill provides funding to carry out
section 4003(b) of Public Law 115-334.
Section 758.--The bill includes provides funding for a
Conservation Reserve Program pilot program.
Section 759.--The bill provides funding for the Water Bank
program.
Section 760.--The bill includes language related to Rural
Economic Area Partnership Zones.
Section 761.--The bill provides funding to carry out
section 3307 of Public Law 115-334.
Section 762.--The bill includes language related to
matching fund requirements.
Section 763.--The bill provides funding to carry out
section 23 of the Child Nutrition Act of 1966.
Section 764.--The bill provides funding for a pilot program
related to multi-family housing borrowers.
Section 765.--The bill includes language related to Rural
Development Programs.
Section 766.--The bill includes language related to the
transfer of the National Bio and Agro-Defense Facility to the
Department of Agriculture.
Section 767.--The bill includes language related to
biotechnology risk assessment research.
Section 768.--The bill provides funding to carry out
section 12302 of Public Law 115-334.
Section 769.--The bill provides funding to carry out
section 12504 of Public Law 115-334.
Section 770.--The bill provides funding to carry out
section 4208 of Public Law 115-334.
Section 771.--The bill provides funding to carry out
section 7209 of Public Law 115-334.
Section 772.--The bill provides funding to carry out
section 12301 of Public Law 115-334.
Section 773.--The bill provides funding to carry out
section 7120 of Public Law 115-334.
Section 774.--The bill provides funding to carry out
section 7208 of Public Law 115-334.
Section 775.--The bill includes language related to potable
water.
Section 776.--The bill provides funding for purposes
identified in House Report 116-107.
Section 777.--The bill provides funding to carry out
section 4206 of Public Law 115-334.
Section 778.--The bill provides funding to carry out
section 12513 of Public Law 115-334.
Section 779.--The bill provides funding to carry out
section 2103 of Public Law 115-334.
Section 780.--The bill provides funding for Food and Drug
Administration Buildings and Facilities.
Section 781.--The bill provides funding to carry out
section 6424 of Public Law 115-334.
Section 782.--The bill rescinds funds from previous Acts.
Section 783.--The bill provides funding for a pilot program
for wastewater systems in historically impoverished areas.
Section 784.--The bill includes language changing the due
date of a study.
Section 785.--The bill includes language related to
information on illnesses associated with the use of certain e-
cigarettes and vaping products.
Section 786.--The bill includes language changing dates in
Public Law 115-141.
Section 787.--The bill provides funding for rural
broadband.
Section 788.--The bill includes language related to the
Animal Welfare Act and the Horse Protection Act.
Section 789.--The bill includes language related to certain
reorganizations within the Department of Agriculture.
Section 790. The bill includes language related to
genetically engineered salmon.
Section 791.--The bill provides funding for disasters.
Section 792.--The bill provides funding related to the
prevention and treatment of Ebola.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
=======================================================================
[House Appropriations Committee Print]
Consolidated Appropriations Act, 2020
(H.R. 1865; P.L. 116-94)
DIVISION C--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES
APPROPRIATIONS ACT, 2020
=======================================================================
DIVISION C--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES
APPROPRIATIONS ACT, 2020
TITLE I
CORPS OF ENGINEERS--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
The following appropriations shall be expended under the
direction of the Secretary of the Army and the supervision of
the Chief of Engineers for authorized civil functions of the
Department of the Army pertaining to river and harbor, flood
and storm damage reduction, shore protection, aquatic ecosystem
restoration, and related efforts.
investigations
For expenses necessary where authorized by law for the
collection and study of basic information pertaining to river
and harbor, flood and storm damage reduction, shore protection,
aquatic ecosystem restoration, and related needs; for surveys
and detailed studies, and plans and specifications of proposed
river and harbor, flood and storm damage reduction, shore
protection, and aquatic ecosystem restoration projects, and
related efforts prior to construction; for restudy of
authorized projects; and for miscellaneous investigations, and,
when authorized by law, surveys and detailed studies, and plans
and specifications of projects prior to construction,
$151,000,000, to remain available until expended: Provided,
That the Secretary shall initiate six new study starts during
fiscal year 2020: Provided further, That the Secretary shall
not deviate from the new starts proposed in the work plan, once
the plan has been submitted to the Committees on Appropriations
of both Houses of Congress.
construction
For expenses necessary for the construction of river and
harbor, flood and storm damage reduction, shore protection,
aquatic ecosystem restoration, and related projects authorized
by law; for conducting detailed studies, and plans and
specifications, of such projects (including those involving
participation by States, local governments, or private groups)
authorized or made eligible for selection by law (but such
detailed studies, and plans and specifications, shall not
constitute a commitment of the Government to construction);
$2,681,000,000, to remain available until expended; of which
such sums as are necessary to cover the Federal share of
construction costs for facilities under the Dredged Material
Disposal Facilities program shall be derived from the Harbor
Maintenance Trust Fund as authorized by Public Law 104-303; and
of which such sums as are necessary to cover one-half of the
costs of construction, replacement, rehabilitation, and
expansion of inland waterways projects, except for Chickamauga
Lock, Tennessee River, Tennessee, which shall be 35 percent
during the fiscal year covered by this Act, shall be derived
from the Inland Waterways Trust Fund, except as otherwise
specifically provided for in law: Provided, That the Secretary
shall initiate six new construction starts during fiscal year
2020: Provided further, That for new construction projects,
project cost sharing agreements shall be executed as soon as
practicable but no later than December 31, 2020: Provided
further, That no allocation for a new start shall be considered
final and no work allowance shall be made until the Secretary
provides to the Committees on Appropriations of both Houses of
Congress an out-year funding scenario demonstrating the
affordability of the selected new starts and the impacts on
other projects: Provided further, That the Secretary may not
deviate from the new starts proposed in the work plan, once the
plan has been submitted to the Committees on Appropriations of
both Houses of Congress.
mississippi river and tributaries
For expenses necessary for flood damage reduction projects
and related efforts in the Mississippi River alluvial valley
below Cape Girardeau, Missouri, as authorized by law,
$375,000,000, to remain available until expended, of which such
sums as are necessary to cover the Federal share of eligible
operation and maintenance costs for inland harbors shall be
derived from the Harbor Maintenance Trust Fund.
operation and maintenance
For expenses necessary for the operation, maintenance, and
care of existing river and harbor, flood and storm damage
reduction, aquatic ecosystem restoration, and related projects
authorized by law; providing security for infrastructure owned
or operated by the Corps, including administrative buildings
and laboratories; maintaining harbor channels provided by a
State, municipality, or other public agency that serve
essential navigation needs of general commerce, where
authorized by law; surveying and charting northern and
northwestern lakes and connecting waters; clearing and
straightening channels; and removing obstructions to
navigation, $3,790,000,000, to remain available until expended,
of which such sums as are necessary to cover the Federal share
of eligible operation and maintenance costs for coastal harbors
and channels, and for inland harbors shall be derived from the
Harbor Maintenance Trust Fund; of which such sums as become
available from the special account for the Corps of Engineers
established by the Land and Water Conservation Fund Act of 1965
shall be derived from that account for resource protection,
research, interpretation, and maintenance activities related to
resource protection in the areas at which outdoor recreation is
available; and of which such sums as become available from fees
collected under section 217 of Public Law 104-303 shall be used
to cover the cost of operation and maintenance of the dredged
material disposal facilities for which such fees have been
collected: Provided, That 1 percent of the total amount of
funds provided for each of the programs, projects, or
activities funded under this heading shall not be allocated to
a field operating activity prior to the beginning of the fourth
quarter of the fiscal year and shall be available for use by
the Chief of Engineers to fund such emergency activities as the
Chief of Engineers determines to be necessary and appropriate,
and that the Chief of Engineers shall allocate during the
fourth quarter any remaining funds which have not been used for
emergency activities proportionally in accordance with the
amounts provided for the programs, projects, or activities.
regulatory program
For expenses necessary for administration of laws pertaining
to regulation of navigable waters and wetlands, $210,000,000,
to remain available until September 30, 2021.
formerly utilized sites remedial action program
For expenses necessary to clean up contamination from sites
in the United States resulting from work performed as part of
the Nation's early atomic energy program, $200,000,000, to
remain available until expended.
flood control and coastal emergencies
For expenses necessary to prepare for flood, hurricane, and
other natural disasters and support emergency operations,
repairs, and other activities in response to such disasters as
authorized by law, $35,000,000, to remain available until
expended.
expenses
For expenses necessary for the supervision and general
administration of the civil works program in the headquarters
of the Corps of Engineers and the offices of the Division
Engineers; and for costs of management and operation of the
Humphreys Engineer Center Support Activity, the Institute for
Water Resources, the United States Army Engineer Research and
Development Center, and the United States Army Corps of
Engineers Finance Center allocable to the civil works program,
$203,000,000, to remain available until September 30, 2021, of
which not to exceed $5,000 may be used for official reception
and representation purposes and only during the current fiscal
year: Provided, That no part of any other appropriation
provided in this title shall be available to fund the civil
works activities of the Office of the Chief of Engineers or the
civil works executive direction and management activities of
the division offices: Provided further, That any Flood Control
and Coastal Emergencies appropriation may be used to fund the
supervision and general administration of emergency operations,
repairs, and other activities in response to any flood,
hurricane, or other natural disaster.
office of the assistant secretary of the army for civil works
For the Office of the Assistant Secretary of the Army for
Civil Works as authorized by 10 U.S.C. 3016(b)(3), $5,000,000,
to remain available until September 30, 2021: Provided, That
not more than 75 percent of such amount may be obligated or
expended until the Assistant Secretary submits to the
Committees on Appropriations of both Houses of Congress the
report required under section 101(d) of this Act and a work
plan that allocates at least 95 percent of the additional
funding provided under each heading in this title, as
designated under such heading in the explanatory statement
described in section 4 (in the matter preceding division A of
this consolidated Act), to specific programs, projects, or
activities.
GENERAL PROVISIONS--CORPS OF ENGINEERS--CIVIL
(including transfer of funds)
Sec. 101. (a) None of the funds provided in title I of this
Act, or provided by previous appropriations Acts to the
agencies or entities funded in title I of this Act that remain
available for obligation or expenditure in fiscal year 2020,
shall be available for obligation or expenditure through a
reprogramming of funds that:
(1) creates or initiates a new program, project, or
activity;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel for any program,
project, or activity for which funds have been denied
or restricted by this Act, unless prior approval is
received from the Committees on Appropriations of both
Houses of Congress;
(4) proposes to use funds directed for a specific
activity for a different purpose, unless prior approval
is received from the Committees on Appropriations of
both Houses of Congress;
(5) augments or reduces existing programs, projects,
or activities in excess of the amounts contained in
paragraphs (6) through (10), unless prior approval is
received from the Committees on Appropriations of both
Houses of Congress;
(6) Investigations.--For a base level over $100,000,
reprogramming of 25 percent of the base amount up to a
limit of $150,000 per project, study or activity is
allowed: Provided, That for a base level less than
$100,000, the reprogramming limit is $25,000: Provided
further, That up to $25,000 may be reprogrammed into
any continuing study or activity that did not receive
an appropriation for existing obligations and
concomitant administrative expenses;
(7) Construction.--For a base level over $2,000,000,
reprogramming of 15 percent of the base amount up to a
limit of $3,000,000 per project, study or activity is
allowed: Provided, That for a base level less than
$2,000,000, the reprogramming limit is $300,000:
Provided further, That up to $3,000,000 may be
reprogrammed for settled contractor claims, changed
conditions, or real estate deficiency judgments:
Provided further, That up to $300,000 may be
reprogrammed into any continuing study or activity that
did not receive an appropriation for existing
obligations and concomitant administrative expenses;
(8) Operation and maintenance.--Unlimited
reprogramming authority is granted for the Corps to be
able to respond to emergencies: Provided, That the
Chief of Engineers shall notify the Committees on
Appropriations of both Houses of Congress of these
emergency actions as soon thereafter as practicable:
Provided further, That for a base level over
$1,000,000, reprogramming of 15 percent of the base
amount up to a limit of $5,000,000 per project, study,
or activity is allowed: Provided further, That for a
base level less than $1,000,000, the reprogramming
limit is $150,000: Provided further, That $150,000 may
be reprogrammed into any continuing study or activity
that did not receive an appropriation;
(9) Mississippi river and tributaries.--The
reprogramming guidelines in paragraphs (6), (7), and
(8) shall apply to the Investigations, Construction,
and Operation and Maintenance portions of the
Mississippi River and Tributaries Account,
respectively; and
(10) Formerly utilized sites remedial action
program.--Reprogramming of up to 15 percent of the base
of the receiving project is permitted.
(b) De Minimus Reprogrammings.--In no case should a
reprogramming for less than $50,000 be submitted to the
Committees on Appropriations of both Houses of Congress.
(c) Continuing Authorities Program.--Subsection (a)(1) shall
not apply to any project or activity funded under the
continuing authorities program.
(d) Not later than 60 days after the date of enactment of
this Act, the Secretary shall submit a report to the Committees
on Appropriations of both Houses of Congress to establish the
baseline for application of reprogramming and transfer
authorities for the current fiscal year which shall include:
(1) A table for each appropriation with a separate
column to display the President's budget request,
adjustments made by Congress, adjustments due to
enacted rescissions, if applicable, and the fiscal year
enacted level; and
(2) A delineation in the table for each appropriation
both by object class and program, project and activity
as detailed in the budget appendix for the respective
appropriations; and
(3) An identification of items of special
congressional interest.
Sec. 102. The Secretary shall allocate funds made available
in this Act solely in accordance with the provisions of this
Act and the explanatory statement described in section 4 (in
the matter preceding division A of this consolidated Act),
including the determination and designation of new starts.
Sec. 103. None of the funds made available in this title may
be used to award or modify any contract that commits funds
beyond the amounts appropriated for that program, project, or
activity that remain unobligated, except that such amounts may
include any funds that have been made available through
reprogramming pursuant to section 101.
Sec. 104. The Secretary of the Army may transfer to the Fish
and Wildlife Service, and the Fish and Wildlife Service may
accept and expend, up to $5,400,000 of funds provided in this
title under the heading ``Operation and Maintenance'' to
mitigate for fisheries lost due to Corps of Engineers projects.
Sec. 105. None of the funds in this Act shall be used for an
open lake placement alternative for dredged material, after
evaluating the least costly, environmentally acceptable manner
for the disposal or management of dredged material originating
from Lake Erie or tributaries thereto, unless it is approved
under a State water quality certification pursuant to section
401 of the Federal Water Pollution Control Act (33 U.S.C.
1341): Provided, That until an open lake placement alternative
for dredged material is approved under a State water quality
certification, the Corps of Engineers shall continue upland
placement of such dredged material consistent with the
requirements of section 101 of the Water Resources Development
Act of 1986 (33 U.S.C. 2211).
Sec. 106. None of the funds made available by this Act or
any other Act may be used to reorganize or to transfer the
Civil Works functions or authority of the Corps of Engineers or
the Secretary of the Army to another department or agency.
Sec. 107. Additional funding provided in this Act shall be
allocated only to projects determined to be eligible by the
Chief of Engineers.
Sec. 108. None of the funds made available by this Act may
be used to carry out any water supply reallocation study under
the Wolf Creek Dam, Lake Cumberland, Kentucky, project
authorized under the Act of July 24, 1946 (60 Stat. 636, ch.
595).
TITLE II
DEPARTMENT OF THE INTERIOR
Central Utah Project
central utah project completion account
For carrying out activities authorized by the Central Utah
Project Completion Act, $20,000,000, to remain available until
expended, of which $1,800,000 shall be deposited into the Utah
Reclamation Mitigation and Conservation Account for use by the
Utah Reclamation Mitigation and Conservation Commission:
Provided, That of the amount provided under this heading,
$1,500,000 shall be available until September 30, 2021, for
expenses necessary in carrying out related responsibilities of
the Secretary of the Interior: Provided further, That for
fiscal year 2020, of the amount made available to the
Commission under this Act or any other Act, the Commission may
use an amount not to exceed $1,500,000 for administrative
expenses.
Bureau of Reclamation
The following appropriations shall be expended to execute
authorized functions of the Bureau of Reclamation:
water and related resources
(including transfers of funds)
For management, development, and restoration of water and
related natural resources and for related activities, including
the operation, maintenance, and rehabilitation of reclamation
and other facilities, participation in fulfilling related
Federal responsibilities to Native Americans, and related
grants to, and cooperative and other agreements with, State and
local governments, federally recognized Indian tribes, and
others, $1,512,151,000, to remain available until expended, of
which $69,932,000 shall be available for transfer to the Upper
Colorado River Basin Fund and $5,023,000 shall be available for
transfer to the Lower Colorado River Basin Development Fund; of
which such amounts as may be necessary may be advanced to the
Colorado River Dam Fund: Provided, That $10,000,000 shall be
available for transfer into the Blackfeet Water Settlement
Implementation Fund established by section 3717 of Public Law
114-322: Provided further, That the unobligated balances in
``Water and Related Resources'' for the Blackfeet Water Rights
Settlement Act may be transferred to the Blackfeet Water
Settlement Implementation Fund account: Provided further, That
such transfers may be increased or decreased within the overall
appropriation under this heading: Provided further, That
within available funds, $250,000 shall be for grants and
financial assistance for educational activities: Provided
further, That of the total appropriated, the amount for program
activities that can be financed by the Reclamation Fund or the
Bureau of Reclamation special fee account established by 16
U.S.C. 6806 shall be derived from that Fund or account:
Provided further, That funds contributed under 43 U.S.C. 395
are available until expended for the purposes for which the
funds were contributed: Provided further, That funds advanced
under 43 U.S.C. 397a shall be credited to this account and are
available until expended for the same purposes as the sums
appropriated under this heading: Provided further, That of the
amounts provided herein, funds may be used for high-priority
projects which shall be carried out by the Youth Conservation
Corps, as authorized by 16 U.S.C. 1706: Provided further, That
of the amounts made available under this heading, $4,000,000
shall be for one payment for deferred construction funding to
the Navajo Nation to fulfill the construction obligations
described in section 15(b) of the Colorado Ute Indian Water
Rights Settlement Act of 1988 (Public Law 100-585), as amended
by the Colorado Ute Settlement Act Amendments of 2000 (Public
Law 106-554), and to complete the commissioning and title
transfer of the Navajo Nation Municipal Pipeline: Provided
further, That in accordance with section 4009(c) of Public Law
114-322, and as recommended by the Secretary in a letter dated
February 13, 2019, funding provided for such purpose in fiscal
year 2018 shall be made available to the Expanding Recycled
Water Delivery Project (VenturaWaterPure), the Pure Water
Monterey Groundwater Replenishment Project, the Groundwater
Reliability Improvement Program (GRIP) Recycled Water Project,
the North Valley Regional Recycled Water Program, the South
Sacramento County Agriculture and Habitat Lands Recycled Water
Program, and the Central Coast Blue project: Provided further,
That in accordance with section 4007 of Public Law 114-322, and
as recommended by the Secretary in a letter dated February 13,
2019, funding provided for such purpose in fiscal years 2017
and 2018 shall be made available to the Cle Elum Pool Raise,
the Boise River Basin Feasibility Study, the Del Puerto Water
District, the Los Vaqueros Reservoir Phase 2 Expansion Project,
the North-of-the Delta Off stream Storage (Sites Reservoir
Project), and the Friant-Kern Canal Capacity Correction
Resulting Subsidence: Provided further, That in accordance
with section 4009(a) of Public Law 114-322, and as recommended
by the Secretary in a letter dated February 13, 2019, funding
provided for such purpose in fiscal years 2017 and 2018 shall
be made available to the Doheny Ocean Desalination Project, the
Kay Bailey Hutchison Desalination Plant, the North Pleasant
Valley Desalter Facility, and the Mission Basin Groundwater
Purification Facility Well Expansion and Brine Minimization.
central valley project restoration fund
For carrying out the programs, projects, plans, habitat
restoration, improvement, and acquisition provisions of the
Central Valley Project Improvement Act, $54,849,000, to be
derived from such sums as may be collected in the Central
Valley Project Restoration Fund pursuant to sections 3407(d),
3404(c)(3), and 3405(f) of Public Law 102-575, to remain
available until expended: Provided, That the Bureau of
Reclamation is directed to assess and collect the full amount
of the additional mitigation and restoration payments
authorized by section 3407(d) of Public Law 102-575: Provided
further, That none of the funds made available under this
heading may be used for the acquisition or leasing of water for
in-stream purposes if the water is already committed to in-
stream purposes by a court adopted decree or order.
california bay-delta restoration
(including transfers of funds)
For carrying out activities authorized by the Water Supply,
Reliability, and Environmental Improvement Act, consistent with
plans to be approved by the Secretary of the Interior,
$33,000,000, to remain available until expended, of which such
amounts as may be necessary to carry out such activities may be
transferred to appropriate accounts of other participating
Federal agencies to carry out authorized purposes: Provided,
That funds appropriated herein may be used for the Federal
share of the costs of CALFED Program management: Provided
further, That CALFED implementation shall be carried out in a
balanced manner with clear performance measures demonstrating
concurrent progress in achieving the goals and objectives of
the Program.
policy and administration
For expenses necessary for policy, administration, and
related functions in the Office of the Commissioner, the Denver
office, and offices in the five regions of the Bureau of
Reclamation, to remain available until September 30, 2021,
$60,000,000, to be derived from the Reclamation Fund and be
nonreimbursable as provided in 43 U.S.C. 377: Provided, That
no part of any other appropriation in this Act shall be
available for activities or functions budgeted as policy and
administration expenses.
administrative provision
Appropriations for the Bureau of Reclamation shall be
available for purchase of not to exceed five passenger motor
vehicles, which are for replacement only.
GENERAL PROVISIONS--DEPARTMENT OF THE INTERIOR
Sec. 201. (a) None of the funds provided in title II of this
Act for Water and Related Resources, or provided by previous or
subsequent appropriations Acts to the agencies or entities
funded in title II of this Act for Water and Related Resources
that remain available for obligation or expenditure in fiscal
year 2020, shall be available for obligation or expenditure
through a reprogramming of funds that--
(1) initiates or creates a new program, project, or
activity;
(2) eliminates a program, project, or activity;
(3) increases funds for any program, project, or
activity for which funds have been denied or restricted
by this Act, unless prior approval is received from the
Committees on Appropriations of both Houses of
Congress;
(4) restarts or resumes any program, project or
activity for which funds are not provided in this Act,
unless prior approval is received from the Committees
on Appropriations of both Houses of Congress;
(5) transfers funds in excess of the following
limits, unless prior approval is received from the
Committees on Appropriations of both Houses of
Congress:
(A) 15 percent for any program, project or
activity for which $2,000,000 or more is
available at the beginning of the fiscal year;
or
(B) $400,000 for any program, project or
activity for which less than $2,000,000 is
available at the beginning of the fiscal year;
(6) transfers more than $500,000 from either the
Facilities Operation, Maintenance, and Rehabilitation
category or the Resources Management and Development
category to any program, project, or activity in the
other category, unless prior approval is received from
the Committees on Appropriations of both Houses of
Congress; or
(7) transfers, where necessary to discharge legal
obligations of the Bureau of Reclamation, more than
$5,000,000 to provide adequate funds for settled
contractor claims, increased contractor earnings due to
accelerated rates of operations, and real estate
deficiency judgments, unless prior approval is received
from the Committees on Appropriations of both Houses of
Congress.
(b) Subsection (a)(5) shall not apply to any transfer of
funds within the Facilities Operation, Maintenance, and
Rehabilitation category.
(c) For purposes of this section, the term ``transfer'' means
any movement of funds into or out of a program, project, or
activity.
(d) The Bureau of Reclamation shall submit reports on a
quarterly basis to the Committees on Appropriations of both
Houses of Congress detailing all the funds reprogrammed between
programs, projects, activities, or categories of funding. The
first quarterly report shall be submitted not later than 60
days after the date of enactment of this Act.
Sec. 202. (a) None of the funds appropriated or otherwise
made available by this Act may be used to determine the final
point of discharge for the interceptor drain for the San Luis
Unit until development by the Secretary of the Interior and the
State of California of a plan, which shall conform to the water
quality standards of the State of California as approved by the
Administrator of the Environmental Protection Agency, to
minimize any detrimental effect of the San Luis drainage
waters.
(b) The costs of the Kesterson Reservoir Cleanup Program and
the costs of the San Joaquin Valley Drainage Program shall be
classified by the Secretary of the Interior as reimbursable or
nonreimbursable and collected until fully repaid pursuant to
the ``Cleanup Program--Alternative Repayment Plan'' and the
``SJVDP--Alternative Repayment Plan'' described in the report
entitled ``Repayment Report, Kesterson Reservoir Cleanup
Program and San Joaquin Valley Drainage Program, February
1995'', prepared by the Department of the Interior, Bureau of
Reclamation. Any future obligations of funds by the United
States relating to, or providing for, drainage service or
drainage studies for the San Luis Unit shall be fully
reimbursable by San Luis Unit beneficiaries of such service or
studies pursuant to Federal reclamation law.
Sec. 203. Section 9504(e) of the Omnibus Public Land
Management Act of 2009 (42 U.S.C. 10364(e)) is amended by
striking ``$480,000,000'' and inserting ``$530,000,000''.
Sec. 204. Title I of Public Law 108-361 (the CALFED Bay-
Delta Authorization Act) (118 Stat. 1681), as amended by
section 4007(k) of Public Law 114-322, is amended by striking
``2019'' each place it appears and inserting ``2020''.
Sec. 205. Section 9106(g)(2) of Public Law 111-11 (Omnibus
Public Land Management Act of 2009) is amended by striking
``2019'' and inserting ``2020''.
Sec. 206. The Claims Resolution Act of 2010 (Public Law 111-
291) is amended--
(1) in section 309(d), by striking ``2021'' each
place it appears and inserting ``2023''; and
(2) in section 311(h), by striking ``2021'' and
inserting ``2023''.
TITLE III
DEPARTMENT OF ENERGY
ENERGY PROGRAMS
Energy Efficiency and Renewable Energy
(including rescission of funds)
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment,
and other expenses necessary for energy efficiency and
renewable energy activities in carrying out the purposes of the
Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition or condemnation of any real property
or any facility or for plant or facility acquisition,
construction, or expansion, $2,848,000,000, to remain available
until expended: Provided, That of such amount, $165,000,000
shall be available until September 30, 2021, for program
direction: Provided further, That of the unobligated balances
from prior year appropriations available under this heading,
$58,000,000 is hereby rescinded: Provided further, That no
amounts may be rescinded from amounts that were designated by
the Congress as an emergency requirement pursuant to the
Concurrent Resolution on the Budget or the Balanced Budget and
Emergency Deficit Control Act of 1985.
Cybersecurity, Energy Security, and Emergency Response
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment,
and other expenses necessary for energy sector cybersecurity,
energy security, and emergency response activities in carrying
out the purposes of the Department of Energy Organization Act
(42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant
or facility acquisition, construction, or expansion,
$156,000,000, to remain available until expended: Provided,
That of such amount, $13,000,000 shall be available until
September 30, 2021, for program direction.
Electricity
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment,
and other expenses necessary for electricity delivery
activities in carrying out the purposes of the Department of
Energy Organization Act (42 U.S.C. 7101 et seq.), including the
acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction, or
expansion, $190,000,000, to remain available until expended:
Provided, That of such amount, $18,000,000 shall be available
until September 30, 2021, for program direction.
Nuclear Energy
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment,
and other expenses necessary for nuclear energy activities in
carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the
acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction, or
expansion, $1,493,408,000, to remain available until expended:
Provided, That of such amount, $80,000,000 shall be available
until September 30, 2021, for program direction.
Fossil Energy Research and Development
For Department of Energy expenses necessary in carrying out
fossil energy research and development activities, under the
authority of the Department of Energy Organization Act (42
U.S.C. 7101 et seq.), including the acquisition of interest,
including defeasible and equitable interests in any real
property or any facility or for plant or facility acquisition
or expansion, and for conducting inquiries, technological
investigations and research concerning the extraction,
processing, use, and disposal of mineral substances without
objectionable social and environmental costs (30 U.S.C. 3,
1602, and 1603), $750,000,000, to remain available until
expended: Provided, That of such amount $61,500,000 shall be
available until September 30, 2021, for program direction.
Naval Petroleum and Oil Shale Reserves
For Department of Energy expenses necessary to carry out
naval petroleum and oil shale reserve activities, $14,000,000,
to remain available until expended: Provided, That
notwithstanding any other provision of law, unobligated funds
remaining from prior years shall be available for all naval
petroleum and oil shale reserve activities.
Strategic Petroleum Reserve
For Department of Energy expenses necessary for Strategic
Petroleum Reserve facility development and operations and
program management activities pursuant to the Energy Policy and
Conservation Act (42 U.S.C. 6201 et seq.), $195,000,000, to
remain available until expended: Provided, That, as authorized
by section 404 of the Bipartisan Budget Act of 2015 (Public Law
114-74; 42 U.S.C. 6239 note), the Secretary of Energy shall
draw down and sell not to exceed $450,000,000 of crude oil from
the Strategic Petroleum Reserve in fiscal year 2020: Provided
further, That the proceeds from such drawdown and sale shall be
deposited into the ``Energy Security and Infrastructure
Modernization Fund'' during fiscal year 2020: Provided
further, That such amounts shall be made available and shall
remain available until expended for necessary expenses to carry
out the Life Extension II project for the Strategic Petroleum
Reserve.
SPR Petroleum Account
For the acquisition, transportation, and injection of
petroleum products, and for other necessary expenses pursuant
to the Energy Policy and Conservation Act of 1975, as amended
(42 U.S.C. 6201 et seq.), sections 403 and 404 of the
Bipartisan Budget Act of 2015 (42 U.S.C. 6241, 6239 note), and
section 5010 of the 21st Century Cures Act (Public Law 114-
255), $10,000,000, to remain available until expended.
Northeast Home Heating Oil Reserve
For Department of Energy expenses necessary for Northeast
Home Heating Oil Reserve storage, operation, and management
activities pursuant to the Energy Policy and Conservation Act
(42 U.S.C. 6201 et seq.), $10,000,000, to remain available
until expended.
Energy Information Administration
For Department of Energy expenses necessary in carrying out
the activities of the Energy Information Administration,
$126,800,000, to remain available until expended.
Non-Defense Environmental Cleanup
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment
and other expenses necessary for non-defense environmental
cleanup activities in carrying out the purposes of the
Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition or condemnation of any real property
or any facility or for plant or facility acquisition,
construction, or expansion, $319,200,000, to remain available
until expended: Provided, That $200,000 of the funds provided
are for community support.
Uranium Enrichment Decontamination and Decommissioning Fund
For Department of Energy expenses necessary in carrying out
uranium enrichment facility decontamination and
decommissioning, remedial actions, and other activities of
title II of the Atomic Energy Act of 1954, and title X,
subtitle A, of the Energy Policy Act of 1992, $881,000,000, to
be derived from the Uranium Enrichment Decontamination and
Decommissioning Fund, to remain available until expended, of
which $5,250,000 shall be available in accordance with title X,
subtitle A, of the Energy Policy Act of 1992.
Science
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment,
and other expenses necessary for science activities in carrying
out the purposes of the Department of Energy Organization Act
(42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant
or facility acquisition, construction, or expansion, and
purchase of not more than 33 passenger motor vehicles including
one bus, $7,000,000,000, to remain available until expended:
Provided, That of such amount, $186,300,000 shall be available
until September 30, 2021, for program direction.
Advanced Research Projects Agency--Energy
For Department of Energy expenses necessary in carrying out
the activities authorized by section 5012 of the America
COMPETES Act (Public Law 110-69), $425,000,000, to remain
available until expended: Provided, That of such amount,
$35,000,000 shall be available until September 30, 2021, for
program direction.
Title 17 Innovative Technology Loan Guarantee Program
Such sums as are derived from amounts received from borrowers
pursuant to section 1702(b) of the Energy Policy Act of 2005
under this heading in prior Acts, shall be collected in
accordance with section 502(7) of the Congressional Budget Act
of 1974: Provided, That for necessary administrative expenses
of the Title 17 Innovative Technology Loan Guarantee Program,
as authorized, $32,000,000 is appropriated, to remain available
until September 30, 2021: Provided further, That up to
$32,000,000 of fees collected in fiscal year 2020 pursuant to
section 1702(h) of the Energy Policy Act of 2005 shall be
credited as offsetting collections under this heading and used
for necessary administrative expenses in this appropriation and
shall remain available until September 30, 2021: Provided
further, That to the extent that fees collected in fiscal year
2020 exceed $32,000,000, those excess amounts shall be credited
as offsetting collections under this heading and available in
future fiscal years only to the extent provided in advance in
appropriations Acts: Provided further, That the sum herein
appropriated from the general fund shall be reduced (1) as such
fees are received during fiscal year 2020 (estimated at
$3,000,000) and (2) to the extent that any remaining general
fund appropriations can be derived from fees collected in
previous fiscal years that are not otherwise appropriated, so
as to result in a final fiscal year 2020 appropriation from the
general fund estimated at $0: Provided further, That the
Department of Energy shall not subordinate any loan obligation
to other financing in violation of section 1702 of the Energy
Policy Act of 2005 or subordinate any Guaranteed Obligation to
any loan or other debt obligations in violation of section
609.10 of title 10, Code of Federal Regulations.
Advanced Technology Vehicles Manufacturing Loan Program
For Department of Energy administrative expenses necessary in
carrying out the Advanced Technology Vehicles Manufacturing
Loan Program, $5,000,000, to remain available until September
30, 2021.
Tribal Energy Loan Guarantee Program
For Department of Energy administrative expenses necessary in
carrying out the Tribal Energy Loan Guarantee Program,
$2,000,000, to remain available until September 30, 2021.
Office of Indian Energy Policy and Programs
For necessary expenses for Indian Energy activities in
carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), $22,000,000, to
remain available until expended: Provided, That, of the amount
appropriated under this heading, $5,000,000 shall be available
until September 30, 2021, for program direction.
Departmental Administration
For salaries and expenses of the Department of Energy
necessary for departmental administration in carrying out the
purposes of the Department of Energy Organization Act (42
U.S.C. 7101 et seq.), $254,378,000, to remain available until
September 30, 2021, including the hire of passenger motor
vehicles and official reception and representation expenses not
to exceed $30,000, plus such additional amounts as necessary to
cover increases in the estimated amount of cost of work for
others notwithstanding the provisions of the Anti-Deficiency
Act (31 U.S.C. 1511 et seq.): Provided, That such increases in
cost of work are offset by revenue increases of the same or
greater amount: Provided further, That moneys received by the
Department for miscellaneous revenues estimated to total
$93,378,000 in fiscal year 2020 may be retained and used for
operating expenses within this account, as authorized by
section 201 of Public Law 95-238, notwithstanding the
provisions of 31 U.S.C. 3302: Provided further, That the sum
herein appropriated shall be reduced as collections are
received during the fiscal year so as to result in a final
fiscal year 2020 appropriation from the general fund estimated
at not more than $161,000,000.
Office of the Inspector General
For expenses necessary for the Office of the Inspector
General in carrying out the provisions of the Inspector General
Act of 1978, $54,215,000, to remain available until September
30, 2021.
ATOMIC ENERGY DEFENSE ACTIVITIES
NATIONAL NUCLEAR SECURITY ADMINISTRATION
Weapons Activities
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment
and other incidental expenses necessary for atomic energy
defense weapons activities in carrying out the purposes of the
Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition or condemnation of any real property
or any facility or for plant or facility acquisition,
construction, or expansion, and the purchase of not to exceed
one ambulance for replacement only, $12,457,097,000, to remain
available until expended: Provided, That of such amount,
$107,660,000 shall be available until September 30, 2021, for
program direction.
Defense Nuclear Nonproliferation
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment
and other incidental expenses necessary for defense nuclear
nonproliferation activities, in carrying out the purposes of
the Department of Energy Organization Act (42 U.S.C. 7101 et
seq.), including the acquisition or condemnation of any real
property or any facility or for plant or facility acquisition,
construction, or expansion, and the purchase of not to exceed
two aircraft, $2,164,400,000, to remain available until
expended.
Naval Reactors
(including transfer of funds)
For Department of Energy expenses necessary for naval
reactors activities to carry out the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the
acquisition (by purchase, condemnation, construction, or
otherwise) of real property, plant, and capital equipment,
facilities, and facility expansion, $1,648,396,000, to remain
available until expended, of which, $88,500,000 shall be
transferred to ``Department of Energy--Energy Programs--Nuclear
Energy'', for the Advanced Test Reactor: Provided, That of
such amount, $50,500,000 shall be available until September 30,
2021, for program direction.
Federal Salaries and Expenses
For expenses necessary for Federal Salaries and Expenses in
the National Nuclear Security Administration, $434,699,000, to
remain available until September 30, 2021, including official
reception and representation expenses not to exceed $17,000.
ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES
Defense Environmental Cleanup
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment
and other expenses necessary for atomic energy defense
environmental cleanup activities in carrying out the purposes
of the Department of Energy Organization Act (42 U.S.C. 7101 et
seq.), including the acquisition or condemnation of any real
property or any facility or for plant or facility acquisition,
construction, or expansion, $6,255,000,000, to remain available
until expended: Provided, That of such amount, $281,119,000
shall be available until September 30, 2021, for program
direction.
Other Defense Activities
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment
and other expenses, necessary for atomic energy defense, other
defense activities, and classified activities, in carrying out
the purposes of the Department of Energy Organization Act (42
U.S.C. 7101 et seq.), including the acquisition or condemnation
of any real property or any facility or for plant or facility
acquisition, construction, or expansion, and purchase of not
more than one passenger motor vehicle, $906,000,000, to remain
available until expended: Provided, That of such amount,
$328,917,000 shall be available until September 30, 2021, for
program direction.
POWER MARKETING ADMINISTRATIONS
Bonneville Power Administration Fund
Expenditures from the Bonneville Power Administration Fund,
established pursuant to Public Law 93-454, are approved for the
Steigerwald Floodplain Restoration Project and, in addition,
for official reception and representation expenses in an amount
not to exceed $5,000: Provided, That during fiscal year 2020,
no new direct loan obligations may be made: Provided further,
Expenditures from the Bonneville Power Administration Fund,
established pursuant to Public Law 93-454 are authorized and
approved, without fiscal year limitation, for the cost of
current and future year purchases or payments of emissions
expenses associated with Bonneville Power Administration power
and transmission operations in states with clean energy
programs: Provided further, This expenditure authorization is
limited solely to Bonneville Power Administration's voluntary
purchase or payments made in conjunction with state clean
energy programs and is not a broader waiver of Bonneville Power
Administration's sovereign immunity.
Operation and Maintenance, Southeastern Power Administration
For expenses necessary for operation and maintenance of power
transmission facilities and for marketing electric power and
energy, including transmission wheeling and ancillary services,
pursuant to section 5 of the Flood Control Act of 1944 (16
U.S.C. 825s), as applied to the southeastern power area,
$6,597,000, including official reception and representation
expenses in an amount not to exceed $1,500, to remain available
until expended: Provided, That notwithstanding 31 U.S.C. 3302
and section 5 of the Flood Control Act of 1944, up to
$6,597,000 collected by the Southeastern Power Administration
from the sale of power and related services shall be credited
to this account as discretionary offsetting collections, to
remain available until expended for the sole purpose of funding
the annual expenses of the Southeastern Power Administration:
Provided further, That the sum herein appropriated for annual
expenses shall be reduced as collections are received during
the fiscal year so as to result in a final fiscal year 2020
appropriation estimated at not more than $0: Provided further,
That notwithstanding 31 U.S.C. 3302, up to $56,000,000
collected by the Southeastern Power Administration pursuant to
the Flood Control Act of 1944 to recover purchase power and
wheeling expenses shall be credited to this account as
offsetting collections, to remain available until expended for
the sole purpose of making purchase power and wheeling
expenditures: Provided further, That for purposes of this
appropriation, annual expenses means expenditures that are
generally recovered in the same year that they are incurred
(excluding purchase power and wheeling expenses).
Operation and Maintenance, Southwestern Power Administration
For expenses necessary for operation and maintenance of power
transmission facilities and for marketing electric power and
energy, for construction and acquisition of transmission lines,
substations and appurtenant facilities, and for administrative
expenses, including official reception and representation
expenses in an amount not to exceed $1,500 in carrying out
section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), as
applied to the Southwestern Power Administration, $47,775,000,
to remain available until expended: Provided, That
notwithstanding 31 U.S.C. 3302 and section 5 of the Flood
Control Act of 1944 (16 U.S.C. 825s), up to $37,375,000
collected by the Southwestern Power Administration from the
sale of power and related services shall be credited to this
account as discretionary offsetting collections, to remain
available until expended, for the sole purpose of funding the
annual expenses of the Southwestern Power Administration:
Provided further, That the sum herein appropriated for annual
expenses shall be reduced as collections are received during
the fiscal year so as to result in a final fiscal year 2020
appropriation estimated at not more than $10,400,000: Provided
further, That notwithstanding 31 U.S.C. 3302, up to $43,000,000
collected by the Southwestern Power Administration pursuant to
the Flood Control Act of 1944 to recover purchase power and
wheeling expenses shall be credited to this account as
offsetting collections, to remain available until expended for
the sole purpose of making purchase power and wheeling
expenditures: Provided further, That for purposes of this
appropriation, annual expenses means expenditures that are
generally recovered in the same year that they are incurred
(excluding purchase power and wheeling expenses).
Construction, Rehabilitation, Operation and Maintenance, Western Area
Power Administration
(including rescission of funds)
For carrying out the functions authorized by title III,
section 302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C.
7152), and other related activities including conservation and
renewable resources programs as authorized, $262,959,000,
including official reception and representation expenses in an
amount not to exceed $1,500, to remain available until
expended, of which $262,959,000 shall be derived from the
Department of the Interior Reclamation Fund: Provided, That
notwithstanding 31 U.S.C. 3302, section 5 of the Flood Control
Act of 1944 (16 U.S.C. 825s), and section 1 of the Interior
Department Appropriation Act, 1939 (43 U.S.C. 392a), up to
$173,587,000 collected by the Western Area Power Administration
from the sale of power and related services shall be credited
to this account as discretionary offsetting collections, to
remain available until expended, for the sole purpose of
funding the annual expenses of the Western Area Power
Administration: Provided further, That the sum herein
appropriated for annual expenses shall be reduced as
collections are received during the fiscal year so as to result
in a final fiscal year 2020 appropriation estimated at not more
than $89,372,000, of which $89,372,000 is derived from the
Reclamation Fund: Provided further, That notwithstanding 31
U.S.C. 3302, up to $227,000,000 collected by the Western Area
Power Administration pursuant to the Flood Control Act of 1944
and the Reclamation Project Act of 1939 to recover purchase
power and wheeling expenses shall be credited to this account
as offsetting collections, to remain available until expended
for the sole purpose of making purchase power and wheeling
expenditures: Provided further, That for purposes of this
appropriation, annual expenses means expenditures that are
generally recovered in the same year that they are incurred
(excluding purchase power and wheeling expenses): Provided
further, That of the unobligated balances from prior year
appropriations available under this heading, $176,000 is hereby
permanently cancelled.
Falcon and Amistad Operating and Maintenance Fund
For operation, maintenance, and emergency costs for the
hydroelectric facilities at the Falcon and Amistad Dams,
$3,160,000, to remain available until expended, and to be
derived from the Falcon and Amistad Operating and Maintenance
Fund of the Western Area Power Administration, as provided in
section 2 of the Act of June 18, 1954 (68 Stat. 255):
Provided, That notwithstanding the provisions of that Act and
of 31 U.S.C. 3302, up to $2,932,000 collected by the Western
Area Power Administration from the sale of power and related
services from the Falcon and Amistad Dams shall be credited to
this account as discretionary offsetting collections, to remain
available until expended for the sole purpose of funding the
annual expenses of the hydroelectric facilities of these Dams
and associated Western Area Power Administration activities:
Provided further, That the sum herein appropriated for annual
expenses shall be reduced as collections are received during
the fiscal year so as to result in a final fiscal year 2020
appropriation estimated at not more than $228,000: Provided
further, That for purposes of this appropriation, annual
expenses means expenditures that are generally recovered in the
same year that they are incurred: Provided further, That for
fiscal year 2020, the Administrator of the Western Area Power
Administration may accept up to $1,187,000 in funds contributed
by United States power customers of the Falcon and Amistad Dams
for deposit into the Falcon and Amistad Operating and
Maintenance Fund, and such funds shall be available for the
purpose for which contributed in like manner as if said sums
had been specifically appropriated for such purpose: Provided
further, That any such funds shall be available without further
appropriation and without fiscal year limitation for use by the
Commissioner of the United States Section of the International
Boundary and Water Commission for the sole purpose of
operating, maintaining, repairing, rehabilitating, replacing,
or upgrading the hydroelectric facilities at these Dams in
accordance with agreements reached between the Administrator,
Commissioner, and the power customers.
Federal Energy Regulatory Commission
salaries and expenses
For expenses necessary for the Federal Energy Regulatory
Commission to carry out the provisions of the Department of
Energy Organization Act (42 U.S.C. 7101 et seq.), including
services as authorized by 5 U.S.C. 3109, official reception and
representation expenses not to exceed $3,000, and the hire of
passenger motor vehicles, $382,000,000, to remain available
until expended: Provided, That notwithstanding any other
provision of law, not to exceed $382,000,000 of revenues from
fees and annual charges, and other services and collections in
fiscal year 2020 shall be retained and used for expenses
necessary in this account, and shall remain available until
expended: Provided further, That the sum herein appropriated
from the general fund shall be reduced as revenues are received
during fiscal year 2020 so as to result in a final fiscal year
2020 appropriation from the general fund estimated at not more
than $0.
GENERAL PROVISIONS--DEPARTMENT OF ENERGY
(including transfer and rescission of funds)
Sec. 301. (a) No appropriation, funds, or authority made
available by this title for the Department of Energy shall be
used to initiate or resume any program, project, or activity or
to prepare or initiate Requests For Proposals or similar
arrangements (including Requests for Quotations, Requests for
Information, and Funding Opportunity Announcements) for a
program, project, or activity if the program, project, or
activity has not been funded by Congress.
(b)(1) Unless the Secretary of Energy notifies the Committees
on Appropriations of both Houses of Congress at least 3 full
business days in advance, none of the funds made available in
this title may be used to--
(A) make a grant allocation or discretionary grant
award totaling $1,000,000 or more;
(B) make a discretionary contract award or Other
Transaction Agreement totaling $1,000,000 or more,
including a contract covered by the Federal Acquisition
Regulation;
(C) issue a letter of intent to make an allocation,
award, or Agreement in excess of the limits in
subparagraph (A) or (B); or
(D) announce publicly the intention to make an
allocation, award, or Agreement in excess of the limits
in subparagraph (A) or (B).
(2) The Secretary of Energy shall submit to the Committees on
Appropriations of both Houses of Congress within 15 days of the
conclusion of each quarter a report detailing each grant
allocation or discretionary grant award totaling less than
$1,000,000 provided during the previous quarter.
(3) The notification required by paragraph (1) and the report
required by paragraph (2) shall include the recipient of the
award, the amount of the award, the fiscal year for which the
funds for the award were appropriated, the account and program,
project, or activity from which the funds are being drawn, the
title of the award, and a brief description of the activity for
which the award is made.
(c) The Department of Energy may not, with respect to any
program, project, or activity that uses budget authority made
available in this title under the heading ``Department of
Energy--Energy Programs'', enter into a multiyear contract,
award a multiyear grant, or enter into a multiyear cooperative
agreement unless--
(1) the contract, grant, or cooperative agreement is
funded for the full period of performance as
anticipated at the time of award; or
(2) the contract, grant, or cooperative agreement
includes a clause conditioning the Federal Government's
obligation on the availability of future year budget
authority and the Secretary notifies the Committees on
Appropriations of both Houses of Congress at least 3
days in advance.
(d) Except as provided in subsections (e), (f), and (g), the
amounts made available by this title shall be expended as
authorized by law for the programs, projects, and activities
specified in the ``Final Bill'' column in the ``Department of
Energy'' table included under the heading ``Title III--
Department of Energy'' in the explanatory statement described
in section 4 (in the matter preceding division A of this
consolidated Act).
(e) The amounts made available by this title may be
reprogrammed for any program, project, or activity, and the
Department shall notify, and obtain the prior approval of, the
Committees on Appropriations of both Houses of Congress at
least 30 days prior to the use of any proposed reprogramming
that would cause any program, project, or activity funding
level to increase or decrease by more than $5,000,000 or 10
percent, whichever is less, during the time period covered by
this Act.
(f) None of the funds provided in this title shall be
available for obligation or expenditure through a reprogramming
of funds that--
(1) creates, initiates, or eliminates a program,
project, or activity;
(2) increases funds or personnel for any program,
project, or activity for which funds are denied or
restricted by this Act; or
(3) reduces funds that are directed to be used for a
specific program, project, or activity by this Act.
(g)(1) The Secretary of Energy may waive any requirement or
restriction in this section that applies to the use of funds
made available for the Department of Energy if compliance with
such requirement or restriction would pose a substantial risk
to human health, the environment, welfare, or national
security.
(2) The Secretary of Energy shall notify the Committees on
Appropriations of both Houses of Congress of any waiver under
paragraph (1) as soon as practicable, but not later than 3 days
after the date of the activity to which a requirement or
restriction would otherwise have applied. Such notice shall
include an explanation of the substantial risk under paragraph
(1) that permitted such waiver.
(h) The unexpended balances of prior appropriations provided
for activities in this Act may be available to the same
appropriation accounts for such activities established pursuant
to this title. Available balances may be merged with funds in
the applicable established accounts and thereafter may be
accounted for as one fund for the same time period as
originally enacted.
Sec. 302. Funds appropriated by this or any other Act, or
made available by the transfer of funds in this Act, for
intelligence activities are deemed to be specifically
authorized by the Congress for purposes of section 504 of the
National Security Act of 1947 (50 U.S.C. 3094) during fiscal
year 2020 until the enactment of the Intelligence Authorization
Act for fiscal year 2020.
Sec. 303. None of the funds made available in this title
shall be used for the construction of facilities classified as
high-hazard nuclear facilities under 10 CFR Part 830 unless
independent oversight is conducted by the Office of Enterprise
Assessments to ensure the project is in compliance with nuclear
safety requirements.
Sec. 304. None of the funds made available in this title may
be used to approve critical decision-2 or critical decision-3
under Department of Energy Order 413.3B, or any successive
departmental guidance, for construction projects where the
total project cost exceeds $100,000,000, until a separate
independent cost estimate has been developed for the project
for that critical decision.
Sec. 305. (a) None of the funds made available in this or any
prior Act under the heading ``Defense Nuclear
Nonproliferation'' may be made available to enter into new
contracts with, or new agreements for Federal assistance to,
the Russian Federation.
(b) The Secretary of Energy may waive the prohibition in
subsection (a) if the Secretary determines that such activity
is in the national security interests of the United States.
This waiver authority may not be delegated.
(c) A waiver under subsection (b) shall not be effective
until 15 days after the date on which the Secretary submits to
the Committees on Appropriations of both Houses of Congress, in
classified form if necessary, a report on the justification for
the waiver.
Sec. 306. Notwithstanding section 161 of the Energy Policy
and Conservation Act (42 U.S.C. 6241), upon a determination by
the President in this fiscal year that a regional supply
shortage of refined petroleum product of significant scope and
duration exists, that a severe increase in the price of refined
petroleum product will likely result from such shortage, and
that a draw down and sale of refined petroleum product would
assist directly and significantly in reducing the adverse
impact of such shortage, the Secretary of Energy may draw down
and sell refined petroleum product from the Strategic Petroleum
Reserve. Proceeds from a sale under this section shall be
deposited into the SPR Petroleum Account established in section
167 of the Energy Policy and Conservation Act (42 U.S.C. 6247),
and such amounts shall be available for obligation, without
fiscal year limitation, consistent with that section.
Sec. 307. Of the offsetting collections, including
unobligated balances of such collections, in the ``Department
of Energy--Power Marketing Administration--Colorado River
Basins Power Marketing Fund, Western Area Power
Administration'', $21,400,000 shall be transferred to the
``Department of Interior--Bureau of Reclamation--Upper Colorado
River Basin Fund'' for the Bureau of Reclamation to carry out
environmental stewardship and endangered species recovery
efforts.
Sec. 308. (a) Of the unobligated balances available from
amounts appropriated in prior Acts under the heading ``Title
III--Department of Energy--Energy Programs'', $12,723,000 is
hereby rescinded.
(b) No amounts may be rescinded under (a) from amounts that
were designated by the Congress as an emergency requirement
pursuant to a concurrent resolution on the budget or the
Balanced Budget and Emergency Deficit Control Act of 1985.
Sec. 309. Beginning in fiscal year 2021 and for each fiscal
year thereafter, fees collected pursuant to subsection (b)(1)
of section 6939f of title 42, United States Code, shall be
deposited in ``Department of Energy--Energy Programs--Non-
Defense Environmental Cleanup'' as discretionary offsetting
collections.
Sec. 310. During fiscal year 2020 and each fiscal year
thereafter, notwithstanding any provision of title 5, United
States Code, relating to classification or rates of pay, the
Southeastern Power Administration shall pay any power system
dispatcher employed by the Administration a rate of basic pay
and premium pay based on those prevailing for similar
occupations in the electric power industry. Basic pay and
premium pay may not be paid under this section to any
individual during a calendar year so as to result in a total
rate in excess of the rate of basic pay for level V of the
Executive Schedule (section 5316 of such title).
TITLE IV
INDEPENDENT AGENCIES
Appalachian Regional Commission
For expenses necessary to carry out the programs authorized
by the Appalachian Regional Development Act of 1965, and for
expenses necessary for the Federal Co-Chairman and the
Alternate on the Appalachian Regional Commission, for payment
of the Federal share of the administrative expenses of the
Commission, including services as authorized by 5 U.S.C. 3109,
and hire of passenger motor vehicles, $175,000,000, to remain
available until expended.
Defense Nuclear Facilities Safety Board
salaries and expenses
For expenses necessary for the Defense Nuclear Facilities
Safety Board in carrying out activities authorized by the
Atomic Energy Act of 1954, as amended by Public Law 100-456,
section 1441, $31,000,000, to remain available until September
30, 2021.
Delta Regional Authority
salaries and expenses
For expenses necessary for the Delta Regional Authority and
to carry out its activities, as authorized by the Delta
Regional Authority Act of 2000, notwithstanding sections
382F(d), 382M, and 382N of said Act, $30,000,000, to remain
available until expended.
Denali Commission
For expenses necessary for the Denali Commission including
the purchase, construction, and acquisition of plant and
capital equipment as necessary and other expenses, $15,000,000,
to remain available until expended, notwithstanding the
limitations contained in section 306(g) of the Denali
Commission Act of 1998: Provided, That funds shall be
available for construction projects in an amount not to exceed
80 percent of total project cost for distressed communities, as
defined by section 307 of the Denali Commission Act of 1998
(division C, title III, Public Law 105-277), as amended by
section 701 of appendix D, title VII, Public Law 106-113 (113
Stat. 1501A-280), and an amount not to exceed 50 percent for
non-distressed communities: Provided further, That
notwithstanding any other provision of law regarding payment of
a non-Federal share in connection with a grant-in-aid program,
amounts under this heading shall be available for the payment
of such a non-Federal share for programs undertaken to carry
out the purposes of the Commission.
Northern Border Regional Commission
For expenses necessary for the Northern Border Regional
Commission in carrying out activities authorized by subtitle V
of title 40, United States Code, $25,000,000, to remain
available until expended: Provided, That such amounts shall be
available for administrative expenses, notwithstanding section
15751(b) of title 40, United States Code.
Southeast Crescent Regional Commission
For expenses necessary for the Southeast Crescent Regional
Commission in carrying out activities authorized by subtitle V
of title 40, United States Code, $250,000, to remain available
until expended.
Nuclear Regulatory Commission
salaries and expenses
For expenses necessary for the Commission in carrying out the
purposes of the Energy Reorganization Act of 1974 and the
Atomic Energy Act of 1954, $842,236,000, including official
representation expenses not to exceed $25,000, to remain
available until expended: Provided, That of the amount
appropriated herein, not more than $9,500,000 may be made
available for salaries, travel, and other support costs for the
Office of the Commission, to remain available until September
30, 2021, of which, notwithstanding section 201(a)(2)(c) of the
Energy Reorganization Act of 1974 (42 U.S.C. 5841(a)(2)(c)),
the use and expenditure shall only be approved by a majority
vote of the Commission: Provided further, That revenues from
licensing fees, inspection services, and other services and
collections estimated at $717,125,000 in fiscal year 2020 shall
be retained and used for necessary salaries and expenses in
this account, notwithstanding 31 U.S.C. 3302, and shall remain
available until expended: Provided further, That of the
amounts appropriated under this heading, not less than
$15,478,000 shall be for activities related to the development
of regulatory infrastructure for advanced nuclear technologies,
and $14,500,000 shall be for international activities, except
that the amounts provided under this proviso shall not be
derived from fee revenues, notwithstanding 42 U.S.C. 2214:
Provided further, That the sum herein appropriated shall be
reduced by the amount of revenues received during fiscal year
2020 so as to result in a final fiscal year 2020 appropriation
estimated at not more than $125,111,000: Provided further,
That of the amounts appropriated under this heading,
$10,500,000 shall be for university research and development in
areas relevant to the Commission's mission, and $5,500,000
shall be for a Nuclear Science and Engineering Grant Program
that will support multiyear projects that do not align with
programmatic missions but are critical to maintaining the
discipline of nuclear science and engineering.
office of inspector general
For expenses necessary for the Office of Inspector General in
carrying out the provisions of the Inspector General Act of
1978, $13,314,000, to remain available until September 30,
2021: Provided, That revenues from licensing fees, inspection
services, and other services and collections estimated at
$10,929,000 in fiscal year 2020 shall be retained and be
available until September 30, 2021, for necessary salaries and
expenses in this account, notwithstanding section 3302 of title
31, United States Code: Provided further, That the sum herein
appropriated shall be reduced by the amount of revenues
received during fiscal year 2020 so as to result in a final
fiscal year 2020 appropriation estimated at not more than
$2,385,000: Provided further, That of the amounts appropriated
under this heading, $1,171,000 shall be for Inspector General
services for the Defense Nuclear Facilities Safety Board, which
shall not be available from fee revenues.
Nuclear Waste Technical Review Board
salaries and expenses
For expenses necessary for the Nuclear Waste Technical Review
Board, as authorized by Public Law 100-203, section 5051,
$3,600,000, to be derived from the Nuclear Waste Fund, to
remain available until September 30, 2021.
GENERAL PROVISIONS--INDEPENDENT AGENCIES
Sec. 401. The Nuclear Regulatory Commission shall comply
with the July 5, 2011, version of Chapter VI of its Internal
Commission Procedures when responding to Congressional requests
for information, consistent with Department of Justice guidance
for all federal agencies.
Sec. 402. (a) The amounts made available by this title for
the Nuclear Regulatory Commission may be reprogrammed for any
program, project, or activity, and the Commission shall notify
the Committees on Appropriations of both Houses of Congress at
least 30 days prior to the use of any proposed reprogramming
that would cause any program funding level to increase or
decrease by more than $500,000 or 10 percent, whichever is
less, during the time period covered by this Act.
(b)(1) The Nuclear Regulatory Commission may waive the
notification requirement in subsection (a) if compliance with
such requirement would pose a substantial risk to human health,
the environment, welfare, or national security.
(2) The Nuclear Regulatory Commission shall notify the
Committees on Appropriations of both Houses of Congress of any
waiver under paragraph (1) as soon as practicable, but not
later than 3 days after the date of the activity to which a
requirement or restriction would otherwise have applied. Such
notice shall include an explanation of the substantial risk
under paragraph (1) that permitted such waiver and shall
provide a detailed report to the Committees of such waiver and
changes to funding levels to programs, projects, or activities.
(c) Except as provided in subsections (a), (b), and (d), the
amounts made available by this title for ``Nuclear Regulatory
Commission--Salaries and Expenses'' shall be expended as
directed in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated Act).
(d) None of the funds provided for the Nuclear Regulatory
Commission shall be available for obligation or expenditure
through a reprogramming of funds that increases funds or
personnel for any program, project, or activity for which funds
are denied or restricted by this Act.
(e) The Commission shall provide a monthly report to the
Committees on Appropriations of both Houses of Congress, which
includes the following for each program, project, or activity,
including any prior year appropriations--
(1) total budget authority;
(2) total unobligated balances; and
(3) total unliquidated obligations.
TITLE V
GENERAL PROVISIONS
(including transfer of funds)
Sec. 501. None of the funds appropriated by this Act may be
used in any way, directly or indirectly, to influence
congressional action on any legislation or appropriation
matters pending before Congress, other than to communicate to
Members of Congress as described in 18 U.S.C. 1913.
Sec. 502. (a) None of the funds made available in title III
of this Act may be transferred to any department, agency, or
instrumentality of the United States Government, except
pursuant to a transfer made by or transfer authority provided
in this Act or any other appropriations Act for any fiscal
year, transfer authority referenced in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act), or any authority whereby
a department, agency, or instrumentality of the United States
Government may provide goods or services to another department,
agency, or instrumentality.
(b) None of the funds made available for any department,
agency, or instrumentality of the United States Government may
be transferred to accounts funded in title III of this Act,
except pursuant to a transfer made by or transfer authority
provided in this Act or any other appropriations Act for any
fiscal year, transfer authority referenced in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act), or any authority whereby
a department, agency, or instrumentality of the United States
Government may provide goods or services to another department,
agency, or instrumentality.
(c) The head of any relevant department or agency funded in
this Act utilizing any transfer authority shall submit to the
Committees on Appropriations of both Houses of Congress a
semiannual report detailing the transfer authorities, except
for any authority whereby a department, agency, or
instrumentality of the United States Government may provide
goods or services to another department, agency, or
instrumentality, used in the previous 6 months and in the year-
to-date. This report shall include the amounts transferred and
the purposes for which they were transferred, and shall not
replace or modify existing notification requirements for each
authority.
Sec. 503. None of the funds made available by this Act may
be used in contravention of Executive Order No. 12898 of
February 11, 1994 (Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations).
Sec. 504. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network unless
such network blocks the viewing, downloading, and exchanging of
pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law
enforcement agency or any other entity carrying out criminal
investigations, prosecution, or adjudication activities.
This division may be cited as the ``Energy and Water
Development and Related Agencies Appropriations Act, 2020''.
[Clerk's note.--Reproduced below is the material relating
to division C contained in the Explanatory Statement regarding
H.R. 1865, the Further 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 H11198 of
Book III.
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DIVISION C--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES
APPROPRIATIONS ACT, 2020
The following statement to the House of Representatives and
the Senate is submitted in explanation of the agreed upon Act
making appropriations for energy and water development for the
fiscal year ending September 30, 2020, and for other purposes.
This explanatory statement, while repeating some report
language for emphasis, does not intend to negate the language
and allocations set forth in House Report 116-83 (``House
report'') and Senate Report 116-102 (``Senate report'') and
that direction shall be complied with unless specifically
addressed to the contrary in the accompanying bill or
explanatory statement. Additionally, where this explanatory
statement states that the ``agreement only includes'' or ``the
following is the only'' direction, any direction included in
the House or Senate report on that matter shall be considered
as replaced with the direction provided within this explanatory
statement. In cases where the House or the Senate has directed
the submission of a report, such report is to be submitted to
the Committees on Appropriations of both Houses of Congress.
House or Senate reporting requirements with deadlines prior to
or within 15 days of the enactment of this Act shall be
submitted not later than 60 days after enactment of this Act.
All other reporting deadlines not changed by this explanatory
statement are to be met.
Funds for the individual programs and activities within the
accounts in this Act are displayed in the detailed table at the
end of the explanatory statement for this Act. Funding levels
that are not displayed in the detailed table are identified in
this explanatory statement.
In fiscal year 2020, for purposes of the Balanced Budget
and Emergency Deficit Control Act of 1985 (Public Law 99-177),
the following information provides the definition of the term
``program, project, or activity'' for departments and agencies
under the jurisdiction of the Energy and Water Development
Appropriations Act. The term ``program, project, or activity''
shall include the most specific level of budget items
identified in the Energy and Water Development Appropriations
Act, 2020 and the explanatory statement accompanying this Act.
No specific funds for rejecting any application for a grant
available under funds appropriated by this Act because of the
use of the term ``global warming'' or the term ``climate
change'' in the application are included for any agency funded
in this Act.
TITLE I--CORPS OF ENGINEERS--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
The summary tables included in this title set forth the
dispositions with respect to the individual appropriations,
projects, and activities of the Corps of Engineers (Corps).
Additional items of this Act are discussed below.
Asian Carp.--The agreement acknowledges that the Corps
completed the Report of the Chief of Engineers for the Great
Lakes--Mississippi River Interbasin Study--Brandon Road
Recommended Plan in fiscal year 2019. As the Corps prioritizes
projects, it shall consider critical projects to prevent the
spread of invasive species. The Corps is reminded that this
critical project is eligible to compete for additional funding
within the Investigations account in order to initiate
Planning, Engineering, and Design (PED). The Corps is directed
to provide to the Committees on Appropriations of both Houses
of Congress quarterly updates on the progress and status of
efforts to prevent the further spread of Asian carp, including
the Brandon Road Recommended Plan, the location and density of
carp populations, the use of emergency procedures previously
authorized by Congress, and the development, consideration, and
implementation of new technological and structural
countermeasures.
There is disappointment that the administration chose to
cut Corps funding for the important inter-agency collaborative
work to address Asian carp. The Corps shall continue to
collaborate at levels commensurate with previous years with the
U.S. Coast Guard, the U.S. Fish and Wildlife Service, the State
of Illinois, and members of the Asian Carp Regional
Coordinating Committee, including identifying navigation
protocols that would be beneficial or effective in reducing the
risk of vessels inadvertently carrying aquatic invasive
species, including Asian carp, through the Brandon Road Lock
and Dam in Joliet, Illinois. Any findings of such an evaluation
shall be included in the quarterly briefings to the Committees
on Appropriations of both Houses of Congress. The Corps is
further directed to implement navigation protocols shown to be
effective at reducing the risk of entrainment without
jeopardizing the safety of vessels and crews. The Corps and
other federal and state agencies are conducting ongoing
research on potential solutions. The Corps shall brief the
Committees on Appropriations of both Houses of Congress on such
navigation protocols and potential solutions not later than 30
days after enactment of this Act.
Budget Structure Changes.--The agreement includes House and
Senate language regarding budget structure changes.
Inland Waterways System.--The agreement includes House and
Senate language.
Regional Dredge Demonstration Program.--To respond more
effectively to critical national dredging requirements
resulting from significant recurring storm events, in
combination with routine annual dredging demands, the agreement
directs the Corps to execute a multi-year dredging
demonstration program within the Central Gulf Coast Region.
Key features of the program will explore innovative ways of
executing dredging in a logical, sequenced manner,
unconstrained by more traditional project-specific, account-
specific, or single-year practices and seek efficiencies and
cost savings by evaluating the region as a system to determine
when combining work across multiple deep draft commercial
navigation projects, across years, or across Construction and
Operation and Maintenance accounts is appropriate. By including
the Mississippi River Baton Rouge to the Gulf of Mexico
(Southwest Pass) and other nearby Gulf Coast commercial
navigation projects, the goals of the program are to include
being more responsive to dredging demands within the region,
while minimizing disruption to critical construction and
maintenance dredging requirements enterprise-wide.
To demonstrate the described multi-year efficiencies, the
agreement includes $377,650,000 in a Regional Dredge
Demonstration Program funding line item in the Construction
account to be used for deep draft navigation projects in the
Gulf of Mexico between Louisiana and Alabama within the
Mississippi Valley Division and the South Atlantic Division
Civil Works boundaries. The Corps shall select one deepening
project in each eligible state for inclusion in the
demonstration program. Projects that have previously received
funding from the Construction account and require no new
authorization shall be eligible for inclusion in the
demonstration program. Consequently, such projects shall be
considered ongoing and shall not require a new start
designation. The agreement includes additional funding in the
Operation and Maintenance account to support this demonstration
program. Operation and Maintenance projects eligible for
inclusion in the demonstration program may include Gulf of
Mexico states between Florida and Texas, where appropriate. The
agreement also includes Senate briefing and reporting
requirements.
Additional Funding
The agreement includes funding above the budget request to
ensure continued improvements to our national economy, public
safety, and environmental health that result from water
resources projects. This funding is for additional work that
either was not included in the budget request or was
inadequately budgeted. The bill contains a provision requiring
the Corps to allocate funds in accordance with only the
direction in this agreement. In lieu of all House and Senate
direction--under any heading--regarding additional funding, new
starts, and the fiscal year 2020 work plan, the Corps shall
follow the direction included in this explanatory statement.
The executive branch retains complete discretion over
project-specific allocation decisions within the additional
funds provided, subject to only the direction here and under
the heading ``Additional Funding'' or ``Additional Funding for
Ongoing Work'' within each of the Investigations, Construction,
Mississippi River and Tributaries, and Operation and
Maintenance accounts. A study or project may not be excluded
from evaluation for being ``inconsistent with administration
policy.'' Voluntary funding in excess of legally-required cost
shares for studies and projects is acceptable, but shall not be
used as a criterion for allocating the additional funding
provided or for the selection of new starts.
The administration is reminded that these funds are in
addition to the budget request, and administration budget
metrics shall not be a reason to disqualify a study or project
from being funded. It is expected that all of the additional
funding provided will be allocated to specific programs,
projects, or activities. The focus of the allocation process
shall favor the obligation, rather than expenditure, of funds.
The Corps shall evaluate all studies and projects only
within accounts and categories consistent with previous
congressional funding. When allocating the additional funding
provided in this Act, the Corps shall consider eligibility and
implementation decisions under Public Law 115-123 and Public
Law 116-20 so as to maximize the reduction of risk to public
safety and infrastructure and the reduction of future damages
from floods and storms nationwide.
A project or study shall be eligible for additional funding
within the Investigations, Construction, and Mississippi River
and Tributaries accounts if: (1) it has received funding, other
than through a reprogramming, in at least one of the previous
three fiscal years; (2) it was previously funded and could
reach a significant milestone, complete a discrete element of
work, or produce significant outputs in calendar year 2020; or
(3) as appropriate, it is selected as one of the new starts
allowed in accordance with this Act and the additional
direction provided below. None of the additional funding in any
account may be used for any item where funding was specifically
denied or for projects in the Continuing Authorities Program.
Funds shall be allocated consistent with statutory cost share
requirements.
Work Plan.--Not later than 60 days after enactment of this
Act, the Corps shall provide to the Committees on
Appropriations of both Houses of Congress a work plan including
the following information: (1) a detailed description of the
process and criteria used to evaluate studies and projects; (2)
delineation of how these funds are to be allocated; (3) a
summary of the work to be accomplished with each allocation,
including phase of work and the study or project's remaining
cost to complete (excluding Operation and Maintenance); and (4)
a list of all studies and projects that were considered
eligible for funding but did not receive funding, including an
explanation of whether the study or project could have used
funds in calendar year 2020 and the specific reasons each study
or project was considered as being less competitive for an
allocation of funds.
New Starts.--The agreement includes six new starts in the
Investigations account and six new starts in the Construction
account to be distributed across the authorized mission areas
of the Corps.
Of the new starts in Investigations, one shall be for an
environmental restoration study; one shall be for a multi-
purpose watershed study to address coastal resiliency; one
shall be for a flood and storm damage reduction study; one
shall be for a flood and storm damage reduction study or
environmental restoration study; and two shall be for
navigation studies. Of the two navigation study starts, one may
be for a Small, Remote or Subsistence Harbor navigation study.
Of the new construction starts, two shall be for navigation
projects; two shall be for environmental restoration projects,
of which one shall be for the new project start requested by
the administration pursuant to the Fiscal Year 2020 Budget
amendments transmitted to Congress on May 13, 2019; and two
shall be for flood and storm damage reduction, environmental
restoration, or multi-purpose projects. No funding shall be
used to initiate new programs, projects, or activities in the
Mississippi River and Tributaries or Operation and Maintenance
accounts.
The Corps is directed to propose a single group of new
starts as a part of the work plan. None of the funds may be
used for any item for which the agreement has specifically
denied funding. The Corps may not change or substitute the new
starts selected once the work plan has been provided to the
Committees on Appropriations of both Houses of Congress. Each
new start shall be funded from the appropriate additional
funding line item. Any project for which the new start
requirements are not met by the end of calendar year 2020 shall
be treated as if the project had not been selected as a new
start; such a project shall be required to compete again for
new start funding in future years. As all new starts are to be
chosen by the Corps, all shall be considered of equal
importance, and the expectation is that future budget
submissions will include appropriate funding for all new starts
selected.
There continues to be confusion regarding the executive
branch's policies and guidelines regarding which studies and
projects require new start designations. Therefore, the Corps
is directed to notify the Committees on Appropriations of both
Houses of Congress at least seven days prior to execution of an
agreement for construction of any project except environmental
infrastructure projects and projects under the Continuing
Authorities Program. Additionally, the agreement reiterates and
clarifies previous congressional direction as follows. Neither
study nor construction activities related to individual
projects authorized under section 1037 of the Water Resources
Reform and Development Act (WRRDA) of 2014 shall require a new
start or new investment decision; these activities shall be
considered ongoing work. No new start or new investment
decision shall be required when moving from feasibility to PED.
A new start designation shall be required to initiate
construction of individually-authorized projects funded within
programmatic line items. No new start or new investment
decision shall be required to initiate work on a separable
element of a project when construction of one or more separable
elements of that project was initiated previously; it shall be
considered ongoing work. A new construction start shall not be
required for work undertaken to correct a design deficiency on
an existing federal project; it shall be considered ongoing
work. The Corps is reminded that resumptions are just that--
resumption of previously-initiated studies or projects and, as
such, do not require new start designations.
In addition to the priority factors used to allocate all
additional funding provided in the Investigations account, the
Corps should give careful consideration to the out-year budget
impacts of the studies selected and to whether there appears to
be an identifiable local sponsor that will be ready and able to
provide, in a timely manner, the necessary cost share for the
feasibility and PED phases. The Corps is reminded that the
flood and storm damage reduction mission area can include
instances where non-federal sponsors are seeking assistance
with flood control and unauthorized discharges from permitted
wastewater treatment facilities and that the navigation mission
area includes work in remote and subsistence harbor areas.
Within the flood and storm damage reduction mission, the Corps
is urged to strive for an appropriate balance between inland
and coastal projects.
In addition to the priority factors used to allocate all
additional funding provided in the Construction account, the
Corps also shall consider the out-year budget impacts of the
selected new starts, the cost sharing sponsor's ability and
willingness to promptly provide the cash contribution, if any,
as well as required lands, easements, rights-of-way,
relocations, and disposal areas. When considering new
construction starts, only those that can execute a project cost
sharing agreement not later than December 31, 2020, shall be
chosen.
To ensure that the new construction starts are affordable
and will not unduly delay completion of any ongoing projects,
the Secretary is required to submit to the Committees on
Appropriations of both Houses of Congress a realistic out-year
budget scenario prior to issuing a work allowance for a new
start. It is understood that specific budget decisions are made
on an annual basis and that this scenario is neither a request
for nor a guarantee of future funding for any project.
Nonetheless, this scenario shall include an estimate of annual
funding for each new start utilizing a realistic funding
scenario through completion of the project, as well as the
specific impacts of that estimated funding on the ability of
the Corps to make continued progress on each previously funded
construction project, including impacts to the optimum timeline
and funding requirements of the ongoing projects, and on the
ability to consider initiating new projects in the future. The
scenario shall assume a Construction account funding level at
the average of the past three budget requests.
INVESTIGATIONS
The agreement includes $151,000,000 for Investigations. The
agreement includes legislative language regarding parameters
for new study starts.
The allocation for projects and activities within the
Investigations account is shown in the following table:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Additional Funding.--The Corps is expected to allocate the
additional funding provided in this account primarily to
specific feasibility and PED phases, rather than to Remaining
Items line items as has been the case in previous work plans.
Of the additional funding provided in this account for
environmental restoration or compliance, the Corps shall
allocate not less than $9,782,000 for ecosystem restoration
projects in the PED phase that have been funded within the last
three years.
Of the additional funding provided in this account for
environmental restoration or compliance and other authorized
project purposes, the Corps shall allocate not less than
$2,000,000 for ecosystem restoration projects that are
modifications to flood protection project authorizations to
address degraded conditions due to prior flood protection work.
Of the additional funding provided in this account for
environmental restoration or compliance and other authorized
project purposes, the Corps shall allocate not less than
$200,000 to PED activities for ecosystem restoration projects
that also provide additional flood storage capacity by
restoring the natural habitat.
Of the additional funding provided in this account for
flood and storm damage reduction and flood control, the Corps
shall allocate not less than $1,500,000 for PED for projects
that are located in economically-disadvantaged communities
where per capita income is less than half of the state and
national averages and that have previously experienced loss of
life due to flooding.
Of the additional funding provided in this account for
shore protection, the Corps shall allocate not less than
$905,000 for the PED phase of beach renourishment projects that
have been authorized by Congress for construction.
Of the additional funding provided in this account, the
Corps shall allocate not less than $10,380,000 for multipurpose
projects in the PED phase that have been funded within the last
three years.
When allocating the additional funding provided in this
account, the Corps shall consider giving priority to completing
or accelerating ongoing studies or to initiating new studies
that will enhance the nation's economic development, job
growth, and international competitiveness; are for projects
located in areas that have suffered recent natural disasters;
are for projects that protect life and property; are for
projects to restore floodplain and aquatic habitat through
cost-effective and tested means; or are for projects to address
legal requirements. The Corps shall use these funds for
additional work in both the feasibility and PED phases. The
agreement includes sufficient additional funding to undertake a
significant amount of feasibility and PED work. The
administration is reminded that a project study is not complete
until the PED phase is complete. The Corps is reminded that the
updating of economic analyses and economic impact studies are
eligible to receive additional funding.
Principles, Requirements, and Guidelines.--Not later than
60 days after enactment of this Act, the Corps shall brief the
Committees on Appropriations of both Houses of Congress on the
efforts necessary to develop implementation rules and
guidelines for the final Principles, Requirements, and
Guidelines for Federal Investments in Water Resources released
in March 2013 and the final Interagency Guidelines released in
December 2014. The Corps shall include in this briefing a
timeline for completion of the implementation rules and
guidelines, how the Corps' ongoing planning efforts would be
impacted by implementation, impacts to funding prioritization,
and any challenges associated with the development and
implementation of such rules and guidelines. The Corps is urged
to prioritize these efforts.
CONSTRUCTION
The agreement includes $2,681,000,000 for Construction. The
agreement includes legislative language regarding Chickamauga
Lock, Tennessee River, Tennessee. The agreement includes
legislative language regarding parameters for new construction
starts.
The allocation for projects and activities within the
Construction account is shown in the following table:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Updated Capability.--The agreement adjusts some project-
specific allocations downward from the budget request based on
updated information regarding the amount of work that could be
accomplished in fiscal year 2020.
Additional Funding.--The agreement includes additional
funds for projects and activities to enhance the nation's
economic growth and international competitiveness.
Of the additional funding provided in this account for
flood control, the Corps shall allocate not less than
$20,000,000 to undertake studies and recommendations for
construction resulting from a Dam Safety Modification Report
completed under section 1177 of the WIIN Act (Public Law 114-
322), as amended. Of the additional funding provided in this
account for flood and storm damage reduction and flood control,
the Corps shall allocate not less than $20,000,000 to
additional nonstructural flood control projects. Of the
additional funding provided in this account for flood and storm
damage reduction and flood control, the Corps shall allocate
not less than $25,000,000 to continue construction of projects
that principally address drainage in urban areas.
Of the additional funding provided in this account for
navigation and other authorized project purposes, the Corps
shall allocate not less than $50,000,000 to continue activities
to construct new navigation infrastructure for locks and Corps-
owned bridges not on the inland waterways system.
Of the additional funding provided in this account for
environmental restoration or compliance and other authorized
project purposes, the Corps shall allocate not less than
$25,000,000 for multistate ecosystem restoration programs for
which a comprehensive restoration plan is in development or has
been completed, of which not less than $5,000,000 shall be for
projects or programs that restore and rehabilitate native
oyster reefs.
Of the additional funding provided in this account for
environmental restoration or compliance and other authorized
project purposes, the Corps shall allocate not less than
$28,000,000 for ecosystem restoration projects that have
incidental flood risk management benefits.
Of the additional funds provided in this account for flood
and storm damage reduction, navigation, and other authorized
project purposes, the Corps shall allocate not less than
$35,000,000 to authorized reimbursements for projects with
executed project cooperation agreements and that have completed
construction or where non-federal sponsors intend to use the
funds for additional water resources development activities.
Of the additional funds provided in this account, the Corps
shall allocate not less than $40,588,000 to projects with
riverfront development components.
Public Law 115-123 and Public Law 116-20 included funding
within the Flood Control and Coastal Emergencies account to
restore authorized shore protection projects to full project
profile. That funding is expected to address most of the
current year capability. Therefore, to ensure funding is not
directed to where it cannot be used, the agreement includes
$50,165,000 for construction of shore protection projects. The
Corps is reminded that if additional work can be done, these
projects are also eligible to compete for additional funding
for flood and storm damage reduction.
When allocating the additional funding provided in this
account, the Corps is encouraged to evaluate authorized
reimbursements in the same manner as if the projects were being
evaluated for new or ongoing construction. The Corps shall not
condition these funds, or any funds appropriated in this Act,
on a non-federal interest paying more than their required share
in any phase of a project. When allocating the additional
funding provided in this account, the Corps shall consider
giving priority to the following:
1. benefits of the funded work to the national economy;
2. extent to which the work will enhance national,
regional, or local economic development;
3. number of jobs created directly and supported in the
supply chain by the funded activity;
4. significance to national security, including the
strategic significance of commodities;
5. ability to obligate the funds allocated within the
calendar year, including consideration of the ability of the
non-federal sponsor to provide any required cost share;
6. ability to complete the project, separable element, or
project phase with the funds allocated;
7. legal requirements, including responsibilities to
Tribes;
8. for flood and storm damage reduction projects (including
authorized nonstructural measures and periodic beach
renourishments),
a. population, economic activity, or public infrastructure
at risk, as appropriate;
b. the severity of risk of flooding or the frequency with
which an area has experienced flooding; and
c. preservation of historically significant communities,
culture, and heritage;
9. for shore protection projects, projects in areas that
have suffered severe beach erosion requiring additional sand
placement outside of the normal beach renourishment cycle or in
which the normal beach renourishment cycle has been delayed,
and projects in areas where there is risk of environmental
contamination;
10. for navigation projects, the number of jobs or level of
economic activity to be supported by completion of the project,
separable element, or project phase;
11. for projects cost shared with the Inland Waterways
Trust Fund (IWTF), the economic impact on the local, regional,
and national economy if the project is not funded, as well as
discrete elements of work that can be completed within the
funding provided in this line item;
12. for other authorized project purposes and environmental
restoration or compliance projects, to include the beneficial
use of dredged material; and
13. for environmental infrastructure, projects with the
greater economic impact, projects in rural communities,
projects in communities with significant shoreline and
instances of runoff, projects in or that benefit counties or
parishes with high poverty rates, projects in financially-
distressed municipalities, projects that improve stormwater
capture capabilities, projects that provide backup raw water
supply in the event of an emergency, and projects that will
provide substantial benefits to water quality improvements.
The following is the only direction with regard to the
availability of additional funds for IWTF cost-shared projects.
The agreement provides funds making use of all estimated annual
revenues and some additional prior year revenues in the IWTF
for ongoing projects. The agreement includes a total
appropriation of $131,075,000 from the IWTF. The Corps shall
continue to use, as appropriate, the Inland and Intracoastal
Waterways Twenty-Year Capital Investment Strategy dated March
2016, as the applicable 20-year plan. The agreement considers
the 20-year Capital Investment Strategy a planning document and
therefore not subject to administration budget metrics. The
Corps shall allocate all funds provided in the IWTF Revenues
line item along with the statutory cost share from funds
provided in the Navigation line item prior to allocating the
remainder of funds in the Navigation line item.
It is understood that the Corps is developing metrics for
prioritization of environmental infrastructure projects. The
Corps is directed to provide to the Committees on
Appropriations of both Houses of Congress not later than 120
days after enactment of this Act a briefing on these metrics.
Notwithstanding the direction on new starts in the front matter
of Title I, the Corps may allocate funds to at least one, but
not more than two environmental infrastructure authorities not
previously funded, which may include regional environmental
infrastructure authorities. The Corps shall consider the
impacts of future funding when selecting these projects.
Alternative Delivery.--The Corps is reminded that Public-
Private Partnerships and projects that utilize a split-delivery
approach are eligible for additional funding in this account.
Aquatic Plant Control Program.--Of the funding provided for
the Aquatic Plant Control Program, $1,000,000 shall be for
activities for monitoring, surveys, and control of the
flowering rush. Of the funding provided for the Aquatic Plant
Control Program, $5,000,000 shall be for nationwide research
and development to address invasive aquatic plants; within this
funding, the Corps is encouraged to support cost shared aquatic
plant management programs. Of the funding provided for the
Aquatic Plant Control Program, $15,000,000 shall be for
watercraft inspection stations, as authorized by section 1039
of WRRDA, and $3,000,000 shall be for related monitoring.
Beneficial Use of Dredged Material Pilot Program.--The
agreement supports the pilot program authorized in section 1122
of the WIIN Act (Public Law 114-322), but concerns remain about
implementation of the program. The agreement provides
$7,500,000 for the 10 pilot projects selected to date within
``Beneficial Use of Dredged Material Pilot Program.'' The Corps
shall not use Operation and Maintenance funds provided or
allocated to the projects from which the dredged material is
generated for costs beyond the costs of the Federal Standard.
The Corps shall brief the Committees on Appropriations of both
Houses of Congress not later than 90 days after enactment of
this Act on the planned activities, costs estimates, and
potential timelines for each of the 10 selected pilot projects.
The Corps is further directed to brief the Committees on
Appropriations of both Houses of Congress prior to any effort
to solicit or select any additional pilot projects as
authorized by the America's Water Infrastructure Act of 2018.
Continuing Authorities Program.--The agreement supports all
sections of the Continuing Authorities Program (CAP). Funding
is provided for nine CAP sections at a total of $71,500,000, an
increase of $68,500,000 above the budget request, which
proposed funding for only three sections. This program provides
a useful tool for the Corps to undertake small, localized
projects without the lengthy study and authorization process
typical of larger Corps projects. Within CAP and to the extent
already authorized by law, the Corps is encouraged to consider
projects that enhance coastal and ocean ecosystem resiliency
and projects that restore degraded wetland habitat and stream
habitat impacted by construction of Corps levees. The
management of CAP shall continue consistent with direction
provided in previous fiscal years.
The Corps is encouraged to expedite the implementation of
feasibility studies approved in 2019 under section 206 of the
Flood Control Act of 1958. The Corps shall allow for the
advancement of flood control projects in combination with
ecological benefits using natural and nature-based solutions
alone or in combination with built infrastructure where
appropriate for reliable risk reduction during the development
of projects under section 205 of CAP.
Charleston Harbor.--The agreement includes House and Senate
direction and supports the budget request to fully fund, up to
the amount in the budget request, the remaining construction
activities once an amendment to the existing Project
Partnership Agreement is executed. It is understood that the
Corps and the non-federal sponsor are prepared to sign the
agreement upon enactment of this Act to ensure expeditious
completion of the deepening project.
Murrieta Creek.--The non-federal sponsor intends to pursue
a section 221 In-Kind Credit Contribution agreement with the
Corps to do the design work to optimize the multi-purpose
basin, find the most cost-effective design, and initiate
excavation of the basin. The Corps is encouraged to move
forward with timely approval of the agreement. The non-federal
sponsor also is moving forward to address the outdated
information in the Corps' economic side-by-side analysis for
the project in order to identify the most cost-effective
project. The Corps is directed to coordinate with the non-
federal sponsor, as requested, in the economic update in order
to have a strong basis for proceeding with the completion of
the Limited Reevaluation Report.
South Florida Ecosystem Restoration (SFER).--As in previous
years, the agreement provides funding for all study and
construction authorities related to Everglades restoration
under the line item titled South Florida Ecosystem Restoration,
Florida.'' This single line item allows the Corps flexibility
in implementing the numerous activities underway in any given
fiscal year. For fiscal year 2020, the Corps is directed to
make publicly available a comprehensive snapshot of all SFER
cost share accounting down to the project level and to ensure
the accuracy of all budget justification sheets that inform
SFER Integrated Financial Plan documents by October 31, 2020.
MISSISSIPPI RIVER AND TRIBUTARIES
The agreement includes $375,000,000 for Mississippi River
and Tributaries.
The allocation for projects and activities within the
Mississippi River and Tributaries account is shown in the
following table:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Additional Funding for Ongoing Work.--When allocating the
additional funding provided in this account, the Corps shall
consider giving priority to completing or accelerating ongoing
work that will enhance the nation's economic development, job
growth, and international competitiveness or are for studies or
projects located in areas that have suffered recent natural
disasters. While this funding is shown under Remaining Items,
the Corps shall use these funds in investigations,
construction, and operation and maintenance, as applicable.
This may include work on remaining unconstructed features of
projects permitted and authorized by law, in response to recent
flood disasters.
Of the additional funding provided in this account, the
Corps shall allocate not less than $30,000,000 for additional
flood control construction projects, of which $15,560,000 shall
be for those projects with flood control, water quality, and
sediment reduction benefits.
Of the additional funding provided in this account for
other authorized project purposes, the Corps shall allocate not
less than $1,160,000 for operation and maintenance of
facilities that are educational or to continue land management
of mitigation features.
Mississippi River Commission.--No funding is provided for
this new line item. The Corps is directed to continue funding
the costs of the commission from within the funds provided for
activities within the Mississippi River and Tributaries
project.
Concerns have been raised that there is a lack of fisheries
expertise when making decisions to open Corps spillways,
specifically related to the economic and ecological
consequences experienced by coastal communities and ecosystems.
The Corps is urged to work with the National Oceanic and
Atmospheric Administration to investigate options for ensuring
that the membership and staff of the Mississippi River
Commission include a fisheries expert.
OPERATION AND MAINTENANCE
The agreement includes $3,790,000,000 for Operation and
Maintenance.
The allocation for projects and activities within the
Operation and Maintenance account is shown in the following
table:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Updated Capability.--The agreement adjusts some project-
specific allocations downward from the budget request based on
updated information regarding the amount of work that could be
accomplished in fiscal year 2020.
Additional Funding for Ongoing Work.--Of the additional
funding provided in this account for other authorized project
purposes, the Corps shall allocate not less than $2,200,000 to
continue greenway trail improvements at federal projects.
Of the additional funding provided in this account for
other authorized project purposes, the Corps shall allocate not
less than $2,000,000 for efforts to combat invasive mussels at
Corps-owned reservoirs.
When allocating the additional funding provided in this
account, the Corps shall consider giving priority to the
following:
1. ability to complete ongoing work maintaining authorized
depths and widths of harbors and shipping channels (including
small, remote, or subsistence harbors), including where
contaminated sediments are present;
2. ability to address critical maintenance backlog;
3. presence of the U.S. Coast Guard;
4. extent to which the work will enhance national,
regional, or local economic development, including domestic
manufacturing capacity;
5. extent to which the work will promote job growth or
international competitiveness;
6. number of jobs created directly by the funded activity;
7. ability to obligate the funds allocated within the
calendar year;
8. ability to complete the project, separable element,
project phase, or useful increment of work within the funds
allocated;
9. addressing hazardous barriers to navigation due to
shallow channels;
10. risk of imminent failure or closure of the facility;
11. for small, remote, and subsistence harbors,
a. low-use ports with unexpected levels of deterioration
since their last dredging; and
b. projects with public safety concerns; and
12. for harbor maintenance activities,
a. total tonnage handled;
b. total exports;
c. total imports;
d. dollar value of cargo handled;
e. energy infrastructure and national security needs
served;
f. designation as strategic seaports;
g. lack of alternative means of freight movement;
h. savings over alternative means of freight movement; and
i. improvements to dredge disposal facilities that will
result in long-term savings, including a reduction in regular
maintenance.
Additional funding provided for donor and energy transfer
ports shall be allocated in accordance with 33 U.S.C. 2238c.
The Corps is encouraged to include funding for this program in
future budget submissions. The Corps is directed to fully
execute subsection (c) of 33 U.S.C. 2238c not later than 90
days after enactment of this Act.
Concerns persist that the administration's criteria for
navigation maintenance do not allow small, remote, or
subsistence harbors and waterways to properly compete for
scarce navigation maintenance funds. The Corps is directed to
revise the criteria used for determining which navigation
projects are funded in order to develop a reasonable and
equitable allocation under this account. The agreement supports
including criteria to evaluate the economic impact that these
projects provide to local and regional economies.
Aquatic Nuisance Research Program.--Concerns persist about
the increasing threat to human health and public safety from
harmful algal blooms (HABs) on our nation's surface waters. The
agreement provides additional funds in Aquatic Nuisance
Research Program to address HABs and to develop next generation
ecological models to maintain inland and intracoastal
waterways, which contribute over $649,000,000,000 annually to
the U.S. economy. The agreement also provides additional funds
to support research and development that will identify the
formation of HABs and develop improved strategies for early
detection, prevention, and management techniques and procedures
to reduce the occurrence and impacts of HABs in the nation's
water resources. The Corps is urged to work collaboratively
with appropriate university partners to address these issues.
The Corps is encouraged to explore opportunities to address
HABs in the Great Lakes given the historic lake levels in the
region.
Coastal Inlet Research Program.--The agreement includes
Senate direction.
Gross Revenue Fees.--Improving public access to and usage
of Corps facilities and the continued enhancement of those
facilities are significant policy objectives. Concerns have
been raised that current Corps policy and actions related to
the fees placed on gross revenue have discouraged the
enhancement of facilities and amenities at certain properties.
Therefore, the Corps is urged to consider the impact of gross
revenue fees on recreational opportunities and property
enhancements when determining the level of assessed gross
revenue fees.
Levee Safety.--The agreement includes House and Senate
direction.
Monitoring of Completed Navigation Projects.--It is
understood that the Corps continues to explore non-destructive
testing methods of inspection that can assist in performing
this vital mission with increased safety and accuracy and at
significantly less cost than current methods. The agreement
provides $2,000,000 for the Corps to complete an asset
management plan regarding non-destructive testing methods.
Within available funds, $4,000,000 shall be to support the
structural health monitoring program to facilitate research to
maximize operations, enhance efficiency, and protect asset life
through catastrophic failure mitigation. Not later than 90 days
after enactment of this Act, the Corps shall brief the
Committees on Appropriations of both Houses of Congress on the
status of these efforts, including future funding requirements.
The agreement includes Senate direction regarding fisheries.
Regional Dredge Demonstration Program.--Additional funds
are provided in this account to support the demonstration
program in accordance with the front matter under the heading
``Regional Dredge Demonstration Program.''
Scheduling of Reservoir Operations.--The agreement provides
that not less than $4,000,000 of the additional funds provided
in the Scheduling of Reservoir Operations line shall be for a
water control manual update for a non-Corps owned high hazard
dam where: (1) the Corps has a responsibility for flood control
operations under section 7 of the Flood Control Act of 1944;
(2) the dam requires coordination of water releases with one or
more other high-hazard dams for flood control purposes; and (3)
the dam owner is actively investigating the feasibility of
applying forecast-informed reservoir operations technology.
Water Control Manuals.--The agreement includes Senate
direction.
REGULATORY PROGRAM
The agreement includes $210,000,000 for the Regulatory
Program. Additional funds included above the budget request are
to be used by Districts to decrease permit review times.
FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM
The agreement includes $200,000,000 for the Formerly
Utilized Sites Remedial Action Program.
FLOOD CONTROL AND COASTAL EMERGENCIES
The agreement includes $35,000,000 for Flood Control and
Coastal Emergencies.
EXPENSES
The agreement includes $203,000,000 for Expenses.
OFFICE OF THE ASSISTANT SECRETARY OF THE ARMY FOR CIVIL WORKS
The agreement includes $5,000,000 for the Office of the
Assistant Secretary of the Army for Civil Works. The agreement
includes legislative language that restricts the availability
of funding until the Secretary submits the required baseline
report and a work plan that allocates at least 95 percent of
the additional funding provided in each account (i.e., 95
percent of additional funding provided in Investigations, 95
percent of additional funding provided in Construction, etc.).
This restriction shall not affect the roles and
responsibilities established in previous fiscal years of the
Office of the Assistant Secretary of the Army for Civil Works,
the Corps headquarters, the Corps field operating agencies, or
any other executive branch agency.
A timely and accessible executive branch in the course of
fulfilling its constitutional role in the appropriations
process is essential. The requesting and receiving of basic,
factual information, such as budget justification materials, is
vital in order to maintain a transparent and open governing
process. The agreement recognizes that some discussions
internal to the executive branch are pre-decisional in nature
and, therefore, not subject to disclosure. However, the access
to facts, figures, and statistics that inform these decisions
are not subject to this same sensitivity and are critical to
the budget process. The administration shall ensure timely and
complete responses to these inquiries.
General Provisions--Corps of Engineers--Civil
(INCLUDING TRANSFER OF FUNDS)
The agreement includes a provision relating to
reprogramming.
The agreement includes a provision regarding the allocation
of funds.
The agreement includes a provision prohibiting the use of
funds to carry out any contract that commits funds beyond the
amounts appropriated for that program, project, or activity.
The agreement includes a provision concerning funding
transfers related to fish hatcheries.
The agreement includes a provision regarding certain
dredged material disposal activities. The Corps is directed to
brief the Committees on Appropriations of both Houses of
Congress not later than 90 days after enactment of this Act on
dredged material disposal issues.
The agreement includes a provision prohibiting funds for
reorganization of the Civil Works program.
The agreement includes a provision regarding eligibility
for additional funding. Whether a project is eligible for
funding under a particular provision of additional funding is a
function of the technical details of the project; it is not a
policy decision. The Chief of Engineers is the federal
government's technical expert responsible for execution of the
Civil Works program and for offering professional advice on its
development. Therefore, the provision in this agreement
clarifies that a project's eligibility for additional funding
shall be solely the professional determination of the Chief of
Engineers.
The agreement includes a provision regarding reallocations
at a project.
TITLE II--DEPARTMENT OF THE INTERIOR
Central Utah Project
CENTRAL UTAH PROJECT COMPLETION ACCOUNT
The agreement includes a total of $20,000,000 for the
Central Utah Project Completion Account, which includes
$16,700,000 for Central Utah Project construction, $1,800,000
for transfer to the Utah Reclamation Mitigation and
Conservation Account for use by the Utah Reclamation Mitigation
and Conservation Commission, and $1,500,000 for necessary
expenses of the Secretary of the Interior.
Bureau of Reclamation
In lieu of all House and Senate direction regarding
additional funding and the fiscal year 2020 work plan, the
agreement includes direction under the heading ``Additional
Funding for Water and Related Resources Work'' in the Water and
Related Resources account.
Unmanned Aerial Systems.--Concerns remain about the threat
posed to the national security of the United States by unmanned
aerial systems (UAS) that are produced by foreign-owned or
controlled corporations and operated by the Department of the
Interior, to include Reclamation. The agreement supports the
Department of the Interior's recent grounding of UAS produced
by foreign-owned or controlled corporations and encourages
Reclamation to work with other federal agencies to develop a
strategy to end all United States Government reliance on UAS
from foreign-owned or controlled corporations, while working
with federal partners to find a suitable domestic alternative.
WATER AND RELATED RESOURCES
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides $1,512,151,000 for Water and Related
Resources.
The agreement includes legislative language, in accordance
with Public Law 114-322, to allow the use of certain funding
provided in fiscal years 2017 and 2018.
The agreement for Water and Related Resources is shown in
the following table:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Aamodt Litigation Settlement Act.--The agreement directs
Reclamation to use funds on hand for this settlement to
initiate construction of features necessary to prevent
additional cost overruns.
Additional Funding for Water and Related Resources Work.--
The agreement includes funds above the budget request for Water
and Related Resources studies, projects, and activities. This
funding is for additional work that either was not included in
the budget request or was inadequately budgeted. Priority in
allocating these funds should be given to advance and complete
ongoing work, including preconstruction activities and where
environmental compliance has been completed; improve water
supply reliability; improve water deliveries; enhance national,
regional, or local economic development; promote job growth;
advance tribal and nontribal water settlement studies and
activities; or address critical backlog maintenance and
rehabilitation activities.
Of the additional funding provided under the heading
``Water Conservation and Delivery,'' $134,000,000 shall be for
water storage projects as authorized in section 4007 of the
WIIN Act (Public Law 114-322).
Of the additional funding provided under the heading
``Water Conservation and Delivery,'' not less than $20,000,000
shall be for construction activities related to projects found
to be feasible by the Secretary and that are ready to initiate
for the repair of critical Reclamation canals where operational
conveyance capacity has been seriously impaired by factors such
as age or land subsidence, especially those that would
imminently jeopardize Reclamation's ability to meet water
delivery obligations.
Of the additional funding provided under the heading
``Water Conservation and Delivery,'' $20,000,000 shall be for
water conservation activities in areas that are experiencing
extended drought conditions. These water conservation
activities shall include well construction and irrigation
related structural or other measures, programs and projects
that result in conservation of other surface water or
groundwater, or improve water system efficiency, resiliency,
reliability, delivery, and conveyance. Reclamation is directed
to brief the Committees on Appropriations of both Houses of
Congress not later than 180 days after enactment of this Act on
the status of carrying out these activities.
Of the additional funding provided under the heading
``Environmental Restoration or Compliance,'' not less than
$40,000,000 shall be for activities authorized under sections
4001 and 4010 of the WIIN Act (Public Law 114-322) or as set
forth in federal-state plans for restoring threatened and
endangered fish species affected by the operation of
Reclamation's water projects.
Funding associated with each category may be allocated to
any eligible study or project, as appropriate, within that
category; funding associated with each subcategory may be
allocated only to eligible studies or projects, as appropriate,
within that subcategory.
Not later than 45 days after enactment of this Act,
Reclamation shall provide to the Committees on Appropriations
of both Houses of Congress a report delineating how these funds
are to be distributed, in which phase the work is to be
accomplished, and an explanation of the criteria and rankings
used to justify each allocation.
Reclamation is reminded that the following activities are
eligible to compete for funding under the appropriate heading:
activities authorized under Indian Water Rights Settlements;
all authorized rural water projects, including those with
tribal components, those with non-tribal components, and those
with both; aquifer recharging efforts to address the ongoing
backlog of related projects; conjunctive use projects and other
projects to maximize groundwater storage and beneficial use;
ongoing work, including preconstruction activities, on projects
that provide new or existing water supplies through additional
infrastructure; and activities authorized under section 206 of
Public Law 113-235.
Aquifer Storage and Recovery.--Of the funds provided in
this account above the budget request, not less than
$10,000,000 shall be for Aquifer Storage and Recovery projects
focused on ensuring sustainable water supplies and protecting
water quality with shared or multi-use aquifers, including
municipal, agricultural irrigation, industrial, recreation, and
domestic users.
Research and Development: Desalination and Water
Purification Program.--Of the funding provided for this
program, $12,000,000 shall be for desalination projects as
authorized in section 4009(a) of the WIIN Act (Public Law 114-
322).
WaterSMART Program: Title XVI Water Reclamation & Reuse
Program.--Of the funding provided for this program, $20,000,000
shall be for water recycling and reuse projects as authorized
in section 4009(c) of the WIIN Act (Public Law 114-322).
Reclamation is reminded that Aquifer Storage and Recovery
projects such as those cited in Reclamation's section 4009(c)
Feasibility Study Review Findings dated September 2018 are
eligible to compete for funding in this program.
CALFED Water Storage Feasibility Studies.--The agreement
includes Senate language.
Pick-Sloan Ability-to-Pay.--Concerns persist that more than
30 Pick-Sloan irrigation districts served by Reclamation may
experience significant financial impacts should Reclamation
move forward with the proposal to change the eligibility
requirements for the program related to user's ability to pay.
Reclamation shall review the Pick-Sloan Missouri Basin Program
authorizing legislation and brief the Committees on
Appropriations of both Houses of Congress on its findings,
including the extent to which Congress authorized relief from
operation maintenance, and replacement costs for project use
power in that program based on an irrigation district's ability
to pay, how that authority has been applied over time, and the
impacts of the currently proposed changes. For federal
projects, Reclamation is directed to continue to consider
irrigation district ability to pay consistent with the original
intent of Congress and the 1944 Flood Control Act.
Rural Water Projects.--Voluntary funding in excess of
legally required cost shares for rural water projects is
acceptable, but shall not be used by Reclamation as a criterion
for allocating additional funding provided in this agreement or
for budgeting in future years.
Buried Metallic Water Pipe.--Reclamation shall continue
following its temporary design guidance.
CENTRAL VALLEY PROJECT RESTORATION FUND
The agreement provides $54,849,000 for the Central Valley
Project Restoration Fund.
Anadromous Fish Screen Program.--The agreement includes
House direction regarding the Anadromous Fish Screen Program.
CALIFORNIA BAY-DELTA RESTORATION
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides $33,000,000 for the California Bay-
Delta Restoration Program.
POLICY AND ADMINISTRATION
The agreement provides $60,000,000 for Policy and
Administration.
Reclamation Project Reimbursability Decisions.--In
September 2017, the Department of the Interior's Office of
Inspector General released a report calling into question the
transparency of Reclamation's financial participation in the
State of California's Bay-Delta Conservation Plan. Although
Reclamation disputed several findings and recommendations in
the report, Reclamation has taken steps to update its current
practices and internal guidelines to better align with report
recommendations. Reclamation is directed to provide to the
Committees on Appropriations of both Houses of Congress not
later than 10 days after enactment of this Act or after
finalizing these updates, written copies of the relevant
documents, and not later than February 29, 2020, a list of
instances of redirecting appropriated funds from the intended
purpose outlined in the previous year's budget request.
Concerns remain regarding administrative delays and
excessive review times in the award and implementation of
financial assistance agreement funding. Reclamation is urged to
address factors related to these issues, including lags in
completing contracts, in a timely and efficient manner.
ADMINISTRATIVE PROVISION
The agreement includes a provision limiting Reclamation to
purchase not more than five passenger vehicles for replacement
only.
General Provisions--Department of the Interior
The agreement includes a provision outlining the
circumstances under which the Bureau of Reclamation may
reprogram funds.
The agreement includes a provision regarding the San Luis
Unit and Kesterson Reservoir in California.
The agreement includes a provision regarding section
9504(e) of the Omnibus Public Land Management Act of 2009.
The agreement includes a provision regarding the CALFED
Bay-Delta Authorization Act.
The agreement includes a provision regarding section
9106(g)(2) of the Omnibus Public Land Management Act of 2009.
The agreement includes a provision regarding the Claims
Resolution Act of 2010.
TITLE III--DEPARTMENT OF ENERGY
The agreement provides $38,586,316,000 for the Department
of Energy to fund programs in its primary mission areas of
science, energy, environment, and national security.
The Department shall not use any equipment, system, or
service that uses telecommunications equipment produced by
Huawei Technologies Company or ZTE Corporation (or any
subsidiary or affiliate of such entities) or services as a
substantial or essential component of any system; or as
critical technology as part of any system; or maintain a
contract with an entity that uses any equipment, system, or
service that uses telecommunications equipment produced by
Huawei Technologies Company or ZTE Corporation (or any
subsidiary or affiliate of such entities) or services as a
substantial or essential component of any system; or as
critical technology as part of any system.
Working Capital Fund.--The agreement includes House report
language regarding the Working Capital Fund.
Research and Development Policy.--The Department is
directed to maintain a diverse portfolio of early-, mid-, and
late-stage research, development, and market transformation
activities in each applied energy research and development
program office. The Department is further directed to fully
execute the funds appropriated in a timely manner and to keep
the Committees on Appropriations of both Houses of Congress
apprised of progress in implementing funded programs, projects,
and activities.
U.S. Energy Employment Report.--The agreement only includes
language in the Departmental Administration account.
Nonprofit Foundation.--The agreement only includes language
in the Departmental Administration account.
Reprogramming Requirements
The agreement carries the Department's reprogramming
authority in statute to ensure that the Department carries out
its programs consistent with congressional direction. The
Department shall, when possible, submit consolidated,
cumulative notifications to the Committees on Appropriations of
both Houses of Congress.
Definition.--A reprogramming includes the reallocation of
funds from one program, project, or activity to another within
an appropriation. For construction projects, a reprogramming
constitutes the reallocation of funds from one construction
project to another project or a change of $2,000,000 or 10
percent, whichever is less, in the scope of an approved
project.
ENERGY PROGRAMS
Energy Efficiency and Renewable Energy
(INCLUDING RESCISSION OF FUNDS)
The agreement provides $2,848,000,000 for Energy Efficiency
and Renewable Energy. The agreement also includes a rescission
of $58,000,000 of unused funds previously appropriated under
the Defense Production Act for biorefinery construction for a
net appropriation of $2,790,000,000.
Staffing.--The Department is directed to report to the
Committees on Appropriations of both Houses of Congress not
later than 30 days after enactment of this Act with a plan for
reaching a staffing level of 675 to 700 full-time equivalents
by the end of fiscal year 2020. Furthermore, not more than 50
percent of Working Capital Fund costs shall be paid out of the
Program Direction account.
Workforce Development.--Within available funds, the
agreement provides $20,000,000 to partner with a land grant
university to pursue leading-edge interdisciplinary research
that promotes workforce development in emerging fields by
supporting a coordinated expansion of existing joint graduate
education programs with national laboratories to prepare the
next generation of scientists and engineers.
SUSTAINABLE TRANSPORTATION
Vehicle Technologies.--Within available funds, the
agreement includes not less than $174,700,000 for Battery and
Electrification Technologies. The agreement provides not less
than $40,000,000 for electric drive research and development,
of which not less than $7,000,000 is to enable extreme fast
charging and advanced battery analytics. Funding within Battery
and Electrification Technologies shall also support research
and development leading to improved methods for processing and
integrating advanced metals into both lightweight structures
and powertrain systems.
The agreement provides $45,000,000 for Energy Efficient
Mobility Systems and $40,000,000 for Materials Technology.
Within Materials Technology, $32,500,000 is for early-stage
research on multi-material joining and propulsion materials at
the national laboratories and carbon fiber-reinforced
composites at the Carbon Fiber Technology Facility. The
agreement provides $70,000,000 for Advanced Engine and Fuel
Technologies.
Within available funds, the agreement provides $66,300,000
for Outreach, Deployment, and Analysis. Within this amount,
$40,000,000 is for deployment through the Clean Cities Program.
Within Outreach, Deployment, and Analysis, but outside of the
Clean Cities Program, $20,000,000 is for up to five competitive
grant awards to develop Electric Vehicle Community Partner
Projects.
Within available funds, up to $5,000,000 is to support
research and development on two-stroke opposed piston engines
to be conducted by industry-led teams.
Bioenergy Technology.--Within available funds, the
agreement includes $40,000,000 for feedstock supply and
logistics, of which not less than $5,000,000 is for upgrades at
the Biomass Feedstock National User Facility.
Within available funds, not less than $40,000,000 is
provided for Advanced Algal Systems.
The agreement provides $9,500,000 for Analysis and
Sustainability.
Within funding available for Demonstration and Market
Transformation, not less than $45,000,000 is provided to
support the multi-year strategy for pre-pilot, pilot, and
demonstration projects.
The agreement provides $110,000,000 for Conversion
Technologies.
The agreement provides $10,000,000 to continue efforts to
make full and innovative use of biomass, municipally-derived
biosolids, and other carbon already available and impacting the
environment, such as municipal solid waste, plastics, and
livestock waste.
Within available funds, not less than $10,000,000 is for a
multi-university partnership to conduct research and enhance
educational programs that improve alternative energy production
derived from urban and suburban wastes. The Department is
directed to collaborate with institutions in Canada and Mexico
to leverage capacity and capitalize on North American
resources.
Hydrogen and Fuel Cell Technologies.--Within available
funds, the agreement provides $7,000,000 to enable integrated
energy systems using high- and low-temperature electrolyzers
with the intent of advancing the H2@Scale concept and
$10,000,000 to cost share the Office of Nuclear Energy hydrogen
demonstration project. Within Technology Acceleration funds,
$5,000,000 is for industry-led manufacturing.
The agreement provides $45,000,000 for Hydrogen Fuel
Research and Development; $25,000,000 for Hydrogen
Infrastructure R&D; and $10,000,000 for safety, codes, and
standards.
RENEWABLE ENERGY
Solar Energy.--The agreement provides $60,000,000 for
Concentrating Solar Power research and development, $72,000,000
for Photovoltaic R&D, $50,000,000 for Systems Integration, and
$60,000,000 for Innovations in Manufacturing Competitiveness.
Within Balance of Systems Soft Costs, $1,000,000 is for the
Solar Ready Vets program and $5,000,000 is for the National
Community Solar Partnership program.
The Department is directed to issue two funding opportunity
announcements. The first announcement shall be for $20,000,000
to improve photovoltaic cell technologies, including thin-film
solar cell technologies and cadmium telluride solar cell
technologies, and to overcome grid integration challenges and
reduce the costs of solar adoption. The second announcement
shall be for $20,000,000 focused on perovskite research,
including inherently scalable production methods such as
solution processing, roll-to-roll manufacturing, the science of
inherent material stability, and ultrahigh efficiency through
tandem manufacturing.
Wind Energy.--The agreement provides $31,800,000 for Land-
Based Wind, $52,500,000 for Off-Shore Wind, and $9,700,000 for
Grid Integration and Analysis.
Within available funds, $10,000,000 is for distributed wind
technologies.
The agreement provides not less than $10,000,000 for a
competitively awarded solicitation for additional project
development for offshore wind demonstration projects.
Water Power.--The agreement provides $109,000,000 for
marine and hydrokinetic technologies. The agreement supports
research and development, testing, and partnership activities
for the Powering the Blue Economy Initiative within available
funds. Within funding for marine and hydrokinetic technologies,
$40,000,000 is provided for competitive grants to support
industry- and university-led projects to validate the
performance, reliability, maintainability, environmental
impact, and cost of marine energy technology components,
devices, and systems at a variety of scales, including full
scale prototypes. Awards shall support a balanced portfolio of
marine and hydrokinetic technologies. Awards shall support
wave, ocean current, tidal, and in-river energy conversion
components and systems across the high- and low-technology
readiness spectrum to increase energy capture, reliability,
survivability, and integration into local or regional grids for
lower costs and to assess and monitor environmental effects.
Within funds for competitive solicitations, not more than
$10,000,000 is for the Testing Expertise and Access for Marine
Energy Research Program.
Within available funds, $10,000,000 is provided to address
infrastructure needs at marine energy technology testing sites.
The agreement provides $26,000,000 under 42 U.S.C.
16352(b)(4) for the open-water wave energy test facility. Not
later than 60 days after enactment of this Act, the Department
shall brief the Committees on Appropriations of both Houses of
Congress on its plan for completing the wave energy test
facility and funding its operations thereafter.
The agreement provides not less than $5,000,000 to
establish an Atlantic Marine Energy Center.
The agreement provides $39,000,000 for conventional
hydropower, of which $7,000,000 is for section 242 of the
Energy Policy Act of 2005.
Geothermal Technologies.--The agreement provides
$69,000,000 for Enhanced Geothermal Systems. The agreement
provides $20,000,000 for the Frontier Observatory for Research
in Geothermal Energy (FORGE), with activities to include
ongoing novel subsurface characterization, full-scale well
drilling, and technology research and development to accelerate
the commercial pathway to large-scale enhanced geothermal
systems power generation. Not later than 60 days after
enactment of this Act, the Department shall provide to the
Committees on Appropriations of both Houses of Congress a
briefing on the current status, research agenda, use by outside
entities, and decommissioning plans for FORGE.
Within available funds, $10,000,000 is provided to fund at
least one demonstration project in an area with no obvious
surface expression. The Department is further directed to fund
at least one demonstration of geothermal technologies for
innovative distribution of heat through ground-source heating
and cooling of district heating.
ENERGY EFFICIENCY
Advanced Manufacturing.--The agreement provides $25,000,000
for the Energy-Water Desalination Hub and $25,000,000 for the
Manufacturing Demonstration Facility (MDF) and the Carbon Fiber
Technology Facility. Within available funds for MDF, $5,000,000
is provided for the development of additive systems and
automation technologies.
Within available funds, the agreement supports funding for
Advanced Manufacturing Research and Development.
The agreement provides $20,000,000 for process-informed
science, design, and engineering materials and devices in harsh
environments, including nuclear environments, and $5,000,000
for dynamic catalyst science coupled with data analytics.
The agreement provides $45,000,000 for Industrial Technical
Assistance. Within available funds, the agreement provides
$12,000,000 for Combined Heat and Power (CHP) Technical
Assistance Partnerships (TAPs), including $5,000,000 for the
TAPs and $7,000,000 for CHP activities; $10,000,000 for a
voluntary technical assistance initiative to assist energy
intensive manufacturing facilities and Senate direction on the
prioritization of assistance and outreach to manufacturing
facilities; $12,000,000 for 32 Industrial Assessment Centers;
and $5,000,000 for wastewater treatment technical assistance
and House direction regarding the Department's briefing to the
Committees on Appropriations of both Houses of Congress on the
plan to expand technical assistance in this area.
The agreement provides $20,000,000 for research and
development on technologies to achieve energy efficiency of
water and wastewater treatment plants, including the deployment
of alternative energy sources, as appropriate.
The agreement provides up to $10,000,000 for the issuance
of a competitive solicitation for university or industry-led
teams to improve the efficiency of industrial drying processes
and foster new and innovative drying technologies.
The agreement provides $4,000,000 for additive
manufacturing work on large wind blades that will allow for
rapid prototyping, tooling, fabrication, and testing.
The agreement provides $10,000,000 for district energy,
within which the Department shall make grants to support
demonstration projects that deploy community district energy
projects in association with a renewably-fueled municipal
generating station.
Building Technologies.--The agreement provides $40,000,000
for Residential Buildings Integration, $50,000,000 for
Commercial Buildings Integration, and $140,000,000 for Building
Energy R&D referred to as Emerging Technologies in the Senate
report.
Within available funds, $25,000,000 is provided for solid-
state lighting. If the Secretary finds solid-state lighting
technology eligible for the Twenty-First Century Lamp prize,
specified under section 655 of the Energy Independence and
Security Act of 2007, $5,000,000 shall be made available to
fund the prize or additional projects for solid-state lighting
research and development.
The agreement provides $55,000,000 for Equipment and
Building Standards. Within Equipment and Building Standards,
not less than $10,000,000 is for Building Energy Codes.
Federal Energy Management Program.--The agreement provides
$2,000,000 to establish a Performance-Based Contract National
Resource Collaborative Initiative. Reports directed by the
House and Senate shall be provided not later than 120 days
after enactment of this Act. The agreement provides $11,000,000
for the Assisting Federal Facilities with Energy Conservation
Technologies program.
Weatherization and Intergovernmental Program.--Within
available funds, the agreement provides $500,000 for technical
assistance to continue the Sustainable Wastewater
Infrastructure of the Future Accelerator.
Strategic Programs.--The agreement provides $3,000,000 for
the Energy Transition Initiative.
Cybersecurity, Energy Security, and Emergency Response
The agreement provides $156,000,000 for Cybersecurity,
Energy Security, and Emergency Response.
The agreement includes the proposed movement of the energy
delivery system testing and analysis laboratory initiative from
Cybersecurity for Energy Delivery Systems (CEDS) to
Infrastructure Security and Energy Restoration (ISER).
Within available funds for CEDS, the agreement provides
$10,000,000 for Consequence-driven Cyber-informed Engineering,
$10,000,000 for the DarkNet project, and $30,000,000 for the
Advanced Threat Mitigation initiative. Within available funds
for CEDS, $4,000,000 is provided for university-based research
and development of scalable cyber-physical platforms for
resilient and secure electric power systems that are flexible,
modular, self-healing, and autonomous. Within available funds
for CEDS, the Department is directed to provide $6,000,000 to
continue to develop and deploy cyber and cyber-physical
solutions for distribution and municipal utility companies.
Electricity
The agreement provides $190,000,000 for Electricity.
Within Transmission Reliability, the agreement provides not
less than $5,000,000 for the Grid Research Integration and
Demonstration Center.
Within Resilient Distribution Systems, the agreement
provides not less than $10,000,000 for the COMMANDER
(Coordinated Management of Microgrids and Networked Distributed
Energy Resources) National Test Bed Laboratory.
Within Energy Storage, the agreement provides not less than
$5,000,000 for battery storage projects that meet the following
criteria: are located in areas where grid capacity constraints
result in curtailment of existing renewable wind energy
generation; improve grid resilience for a public utility that
is regularly affected by weather-related natural disasters; and
provide rate reduction and renewable energy benefits to
businesses, farms, and residents in an economically-stressed
rural area.
Nuclear Energy
The agreement provides $1,493,408,000 for Nuclear Energy.
The following is the only direction for Nuclear Energy.
The agreement includes additional control points for fiscal
year 2020, and the Department is directed to submit its fiscal
year 2021 budget request using this budget structure.
The fiscal year 2018 Act directed the Department to provide
to the Committees on Appropriations of both Houses of Congress
a report detailing all current programs and projects within the
Office of Nuclear Energy, whether the Department plans to
continue to support each program or project, and the expected
out-year funding through completion of the program or project.
The Committees are still awaiting this report, and the
Department is directed to provide this report not later than 30
days after enactment of this Act. The Department may provide a
briefing in lieu of a report, after consultation with the
Committees.
Nuclear Energy University Program (NEUP).--Since 2009, the
Department has allocated up to 20 percent of funds appropriated
to Nuclear Energy Research and Development programs to fund
university-led R&D and university infrastructure projects
through an open, competitive solicitation process using
formally certified peer reviewers. The Department is directed
to continue this practice, with not less than $40,000,000 for
R&D activities performed at U.S. colleges and universities. The
Department is directed to provide to the Committees on
Appropriations of both Houses of Congress quarterly briefings
on the status of NEUP and the university work being funded.
International Nuclear Energy Cooperation.--The agreement
includes funds for International Nuclear Energy Cooperation
activities within Program Direction.
NUCLEAR ENERGY ENABLING TECHNOLOGIES
Crosscutting Technology Development.--The agreement
provides $10,000,000 for hybrid integrated energy systems and
not less than $7,000,000 for work on advanced sensors and
instrumentation.
Nuclear Science User Facilities.--The agreement provides
$10,000,000 for nuclear energy computation system and support,
$3,000,000 for the Nuclear Materials Discovery and
Qualification initiative, and not less than $3,000,000 to
update the Nuclear Fuels and Materials Library.
Joint Modeling and Simulation Program.--The Department is
directed to manage the Energy Innovation Hub for Modeling and
Simulation and the Nuclear Energy Advanced Modeling and
Simulation Program as a single integrated program called the
Joint Modeling and Simulation Program.
FUEL CYCLE RESEARCH AND DEVELOPMENT
Mining, Conversion, and Transportation.--The Department is
directed to contract not later than 60 days after enactment of
this Act with a Federally-Funded Research and Development
Center (FFRDC) or other independent organization to work with
industry to identify key challenges in reconstituting mining
and conversion capabilities in the United States. The FFRDC or
independent organization shall provide a report of its findings
and recommendations directly to the Committees on
Appropriations of both Houses of Congress not later than 180
days after enactment of this Act.
The Department is directed to establish a team of experts
across the national laboratories and industry to evaluate the
anticipated demand for high-assay low-enriched uranium (HALEU)
and the timing of that demand, and evaluate the options for
meeting that demand. A report of the team's findings and
recommendations shall be provided directly to the Committees on
Appropriations of both Houses of Congress not later than 180
days after enactment of this Act.
The Department is directed to contract with a company
experienced in shipping nuclear materials to identify key
challenges in shipping HALEU. The company shall provide a
report of its findings and recommendations directly to the
Committees on Appropriations of both Houses of Congress not
later than 180 days after enactment of this Act.
The Department is directed to provide to the Committees on
Appropriations of both Houses of Congress not later than 180
days after enactment of this Act a report that identifies any
statutory, regulatory, and Departmental policy or procedural
restrictions that would prevent or inhibit the Department from
implementing public-private partnerships modeled after the
National Aeronautics and Space Administration (NASA) Commercial
Orbital Transportation System (COTS) experience. The report
shall also specifically describe a payment-for-milestones
approach to uranium enrichment capability development, similar
to how NASA partnered with private companies in its COTS
program.
Material Recovery and Waste Form Development.--The
agreement provides not less than $8,000,000 for EBR-II
Processing for HALEU.
Accident Tolerant Fuels.--The agreement provides
$55,600,000 to continue the participation of three industry-led
teams in Phase 2B of the cost-shared research and development
program; $20,000,000 to support accident tolerant fuels
development at the national laboratories and other facilities,
including the Advanced Test Reactor and Transient Reactor Test
Facility; $15,000,000 for testing, code development, and
licensing of higher-enriched and higher burnup fuels; and
$5,000,000 for development of silicon-carbide ceramic matrix
composite cladding to be used in light water reactors. The
Department shall award funding for silicon-carbide ceramic
matrix composite cladding to individual participants within the
industry-led teams that have demonstrated fabrication expertise
in silicon-carbide composites for nuclear fuel and have the
expertise to scale-up to quantities that could support the
current fleet.
Fuel Cycle Laboratory R&D.--Within available funds, the
Department is directed to pursue research and development for
the use of innovative process control capabilities to support
closed nuclear fuel cycles for advanced reactors.
Used Nuclear Fuel Disposition R&D.--Within available funds,
the Department is directed to study the behavior of spent fuel
under transportation conditions and opportunities to improve
safety of spent fuel rods during transportation.
The Department is directed to provide to the Committees on
Appropriations of both Houses of Congress not later than 90
days after enactment of this Act a report on innovative options
for disposition of high-level waste and spent nuclear fuel
management. Priority should be given to technological options
that are cost-effective, are able to be implemented in the
short term, and consider siting stakeholder engagement. The
Department is encouraged to use research and development
funding for innovative technological options.
The National Academies of Sciences, Engineering, and
Medicine is directed to evaluate the merits and viability of
different nuclear fuel cycles and technology options, including
both existing and future technologies. The evaluation must
account for linkages among all elements of the fuel cycle
(including waste transportation, storage, and disposal) and for
broader safety, security, and non-proliferation concerns.
The Department is directed to contract with the National
Academy of Sciences (NAS) not later than 60 days after
enactment of this Act to conduct a comprehensive, independent
study on the waste aspects of advanced reactors. The NAS shall
convene a committee whose members have expertise in advanced
nuclear reactors, nuclear waste disposal, reprocessing,
economics, and other areas of expertise that the NAS considers
essential for completion of the study. Also, the NAS
committee's consensus study report shall provide findings and
recommendations that may consider policy options as long as
those do not involve non-technical value judgements. The
study's assessment shall include typical volumes and
characteristics of waste streams from various proposed advanced
nuclear reactor technologies, including radioisotopes of
concern, radioactivity level, and thermal load. Advanced
reactor technologies shall include the designs under
consideration by the Generation IV International Forum and by
the Department of Energy. The study shall also address unique
disposal or storage requirements for these wastes and shall
address the impact of possible reprocessing of spent nuclear
fuel on waste generation. In addition, the study shall examine
the economics of the possible waste disposal systems that could
be required for the advanced reactors. The study shall be
submitted to the Committees on Appropriations of both Houses of
Congress not later than 20 months after enactment of this Act.
The Department is directed to provide to the Committees on
Appropriations of both Houses of Congress not later than 180
days after enactment of this Act a report on new
electromagnetic technologies for the neutralization of
radioactive wastes, including an evaluation of the scientific
basis for the technology, potential effects on U.S. nuclear
waste and storage, potential benefits to the nuclear power
industry, and any implications for nuclear security.
REACTOR CONCEPTS RESEARCH AND DEVELOPMENT
Advanced Small Modular Reactor R&D.--The agreement provides
$10,000,000 for the Joint Use Modular Program.
Light Water Reactor Sustainability.--The agreement provides
$11,000,000 for a hydrogen production demonstration.
Advanced Reactor Technologies.--The agreement provides
$20,000,000 for a new solicitation for at least two new public-
private partnerships focused on advancing reactor designs
towards demonstration phase, $20,000,000 for MW-scale reactor
research and development, and $15,000,000 for Advanced Reactor
Laboratory R&D.
Versatile Advanced Test Reactor.--The agreement provides
$65,000,000 for the Versatile Advanced Test Reactor, only for
activities to support completion of CD-1. The Department is
directed to provide to the Committees on Appropriations of both
Houses of Congress the CD-1 documentation immediately following
the Department's approval of CD-1 for the Versatile Advanced
Test Reactor.
ADVANCED REACTOR DEMONSTRATION PROGRAM
The agreement provides $230,000,000 for the Advanced
Reactor Demonstration Program to demonstrate multiple advanced
reactor designs. Any entity other than a national laboratory
that receives fiscal year 2020 funds of more than $200,000
under the Advanced Small Modular Reactor R&D program is not
eligible to receive fiscal year 2020 funds from within the
Advanced Reactor Demonstration Program.
The primary goal of this new program is to focus Department
and non-federal resources on actual construction of real
demonstration reactors that are safe and affordable (to build
and operate) in the near- and mid-term. The Department is
directed to streamline its procurement process and act
aggressively to ensure implementation of this program is not
delayed. The Department is directed to provide to the
Committees on Appropriations of both Houses of Congress not
later than 30 days after enactment of this Act a briefing on
the schedule and milestones for this program.
National Reactor Innovation Center.--The agreement provides
$20,000,000 for the National Reactor Innovation Center to
support testing, demonstration, and performance assessment to
accelerate deployment of advanced reactors.
Advanced Reactor Demonstrations.--Not later than 30 days
after enactment of this Act, the Secretary shall request
proposals to build two demonstration advanced reactors. The
agreement provides $160,000,000 for the first year of the two
demonstrations, and the Department is directed to provide
specific out-year cost profiles for each demonstration in
future budget requests. The cost share for each demonstration
project shall be up to 50 percent from the Department and not
less than 50 percent from non-federal sources. For purposes of
this program, an advanced reactor can be any light water or
non-light water fission reactor with significant improvements
compared to the current generation of operational reactors.
Significant improvements may include inherent safety features,
lower waste yields, greater fuel utilization, superior
reliability, resistance to proliferation, increased thermal
efficiency, and the ability to integrate into electric and
nonelectric applications. For purposes of this program, a
demonstration can be an advanced reactor operated as part of
the power generation facilities of an electric utility system
or in any other manner for the purpose of demonstrating the
suitability for commercial application of the advanced nuclear
reactor.
The Secretary is directed to convene an evaluation board to
review the proposals and recommend the best proposals to the
Secretary based on the following criteria: (1) technical
feasibility that the demonstration can be operational in five
to seven years; (2) likelihood that the design can be licensed
for safe operations by the Nuclear Regulatory Commission; (3)
use of certified fuel design or demonstration of a clear path
to certification within five to seven years; (4) affordability
of the design for full-scale construction and cost of
electricity generation; (5) ability of the team to provide its
portion of the cost share; and (6) technical abilities and
qualifications of teams desiring to demonstrate a proposed
advanced nuclear reactor technology. The evaluation board
should consider diversity in designs for the advanced nuclear
reactors to be demonstrated and must provide the Secretary with
a recommendation of which two proposals best meet these
criteria within 30 days of receipt of the proposals. The
Secretary is directed to contract with the recommended teams
unless the Secretary certifies that such a selection is not in
the national interest.
The Secretary is directed to ensure the evaluation board
has the following members, in addition to any members the
Secretary selects: (1) a representative from an electric
utility that operates a nuclear power plant; (2) a
representative from an entity that uses high-temperature
process heat, district heating, hydrogen production, or heat
for manufacturing, industrial processing, or other purposes;
(3) experts from industry with experience in design,
manufacturing, and operation of nuclear reactors; and (4) a
representative from the finance industry with background in the
nuclear field.
Risk Reduction for Future Demonstrations.--The agreement
provides $30,000,000 for Risk Reduction for Future
Demonstrations. The Secretary is directed to select two to five
teams that were not selected as one of the two Advanced Reactor
Demonstrations and that represent a diversity in designs of the
advanced nuclear reactors to enter into cost-share agreements
to address technical risks in each proposal's reactor design.
The cost share for this work shall be up to 80 percent from the
Department and not less than 20 percent from non-federal
sources.
Regulatory Development.--The agreement provides $15,000,000
for Regulatory Development for the national laboratories to
work with the Nuclear Regulatory Commission to identify and
resolve technical challenges with licensing advanced reactors.
Advanced Reactors Safeguards.--The agreement provides
$5,000,000 for Advanced Reactors Safeguards to evaluate
safeguards issues that are unique to advanced reactors.
INFRASTRUCTURE
INL Facilities Operations and Maintenance.--The Department
is directed to brief the Committees on Appropriations of both
Houses of Congress not later than 60 days after enactment of
this Act on the funding levels required for operations and
maintenance of activities at the Materials and Fuels Complex
and Advanced Test Reactor. The briefing should include an
accounting of how funds have been spent for the previous three
fiscal years and how funds will be spent for the current fiscal
year. The briefing should also include information for the next
four fiscal years on the funding levels required for optimal
operations for each facility and funding levels required for
multi-year infrastructure improvements.
Idaho Sitewide Safeguards and Security.--The agreement
provides $15,600,000 to construct a protective forces building
at the Materials and Fuels Complex that will meet the needs for
expanded protective force and security operations under the
Department's new Design Basis Threat but that will not exceed a
total project cost of $15,600,000.
Fossil Energy Research and Development
The agreement provides $750,000,000 for Fossil Energy
Research and Development.
The Department is directed to submit a report and provide a
briefing to the Committees on Appropriations of both Houses of
Congress not later than 180 days after enactment of this Act on
the recommendations for program structures that could best
support and maximize the impact of expanded research,
development, and demonstration efforts in three areas:
decarbonization of the industrial sector, direct air capture,
and carbon use.
The agreement provides not less than $20,000,000 for
research and development of negative emissions technologies,
including not less than $10,000,000 for direct air capture.
Within available funds for Carbon Capture, $4,000,000 is
for research and optimization of carbon capture technologies
for use at industrial facilities and not less than $7,000,000
is for carbon capture research for natural gas power systems.
Within available funds for Carbon Storage, $21,000,000 is
for Carbon Use and Reuse.
Within available funds for Advanced Energy Systems,
$25,000,000 is for Advanced Turbines and $30,000,000 is for
Advanced Coal Processing, of which not less than $10,000,000 is
for utilizing coal as a precursor for high-value added products
at the Carbon Fiber Technology Facility.
The Department is directed to issue a funding opportunity
announcement for $30,000,000 for Solid Oxide Fuel Cells that
includes all topic areas as outlined in the recommendations of
the Department's August 2019 Report on the Status of the Solid
Oxide Fuel Cell Program.
Within available funds for Cross Cutting Research,
$39,000,000 is for Plant Optimization Technologies, which
includes materials R&D, water management R&D, and sensors and
controls, and $4,500,000 is for the Advanced Energy Storage
Initiative.
Within available funds for NETL Coal Research and
Development, not less than $23,000,000 is for the recovery of
rare earth elements and minerals from U.S. coal and coal
byproduct sources.
Within available funds for Natural Gas Technologies
Research, $20,000,000 is for methane hydrate research;
$12,000,000 is for Emissions Mitigation from Midstream
Infrastructure; $6,000,000 is for Emissions Quantification from
Natural Gas Infrastructure; and $12,000,000 is for
Environmentally Prudent Development, including not less than
$5,200,000 for the Risk Based Data Management System. The
Department is directed to focus on the long-term flow test on
the Alaska North Slope and continue planning for hydrates
resource characterization in the Gulf of Mexico.
Within Unconventional Fossil Energy Technologies, the
Department is directed to provide to the Committees on
Appropriations of both Houses of Congress not later than 180
days after enactment of this Act a report that outlines the
Department's efforts to maintain a stable petroleum engineering
workforce and knowledge base and future activities the
Department can undertake to strengthen it.
The agreement provides $50,000,000 for NETL Infrastructure,
and the Department is directed to prioritize funds for Joule,
the design and construction of a sensitive compartmented
information facility, the Computational Science and Engineering
Center, site-wide upgrades for safety, and addressing and
avoiding deferred maintenance.
Naval Petroleum and Oil Shale Reserves
The agreement provides $14,000,000 for the operation of the
Naval Petroleum and Oil Shale Reserves.
Strategic Petroleum Reserve
The agreement provides $195,000,000 for the Strategic
Petroleum Reserve. Funding above the budget request is to
address facilities development and operations, including
physical security and cavern integrity, and to maintain
1,000,000 barrels of gasoline blendstock in the Northeast
Gasoline Supply Reserve. The agreement includes legislative
language regarding a drawdown and sale of oil in fiscal year
2020 and use of those proceeds.
SPR Petroleum Account
The agreement provides $10,000,000 for the SPR Petroleum
Account to pay for the costs of certain statutorily-mandated
crude oil sales.
Northeast Home Heating Oil Reserve
The agreement provides $10,000,000 for the Northeast Home
Heating Oil Reserve.
Energy Information Administration
The agreement provides $126,800,000 for the Energy
Information Administration.
Non-Defense Environmental Cleanup
The agreement provides $319,200,000 for Non-Defense
Environmental Cleanup.
Small Sites.--Within amounts for Small Sites cleanup,
$31,000,000 is to continue work at Lawrence Berkeley National
Laboratory, $18,200,000 is for the Energy Technology
Engineering Center, $12,800,000 is for Idaho National
Laboratory, $45,000,000 is for Moab, $10,000,000 is for excess
Office of Science facilities, and $10,000,000 is for Oak Ridge
activities.
Long Term Management and Storage of Elemental Mercury.--The
agreement provides $1,200,000 to comply with the Mercury Export
Ban Act of 2008 (Public Law 110-414), as amended, regarding
long-term management and storage of elemental mercury generated
within the United States. The Mercury Export Ban Act of 2008
(MEBA) requires the Department to be reimbursed by waste
generators of elemental mercury for the costs of providing such
management and storage, including facility operation and
maintenance, security, monitoring, reporting, personnel,
administration, inspections, training, fire suppression,
closure, and other costs required for compliance with
applicable law.
Uranium Enrichment Decontamination and Decommissioning Fund
The agreement provides $881,000,000 for activities funded
from the Uranium Enrichment Decontamination and Decommissioning
Fund.
Science
The agreement provides $7,000,000,000 for the Office of
Science.
The Department is directed to provide to the Committees on
Appropriations of both Houses of Congress not later than 90
days after enactment of this Act a plan that responds to the
findings and recommendations in the Final Report of the
Secretary of Energy Advisory Board Task Force on Biomedical
Sciences. The plan shall include a reporting of successful
collaborations between the Department and the National
Institutes of Health to date and plans to expand on those
efforts.
The agreement provides $71,000,000 for Artificial
Intelligence and Machine Learning for the six Office of Science
programs to apply those capabilities to the Department's
mission.
The agreement provides $195,000,000 for Quantum Information
Sciences across the Office of Science programs to advance
early-stage fundamental research in this field of science,
including $120,000,000 to carry out a basic research program on
quantum information science and $75,000,000 for the
establishment of up to five National Quantum Information
Science Research Centers. To the greatest extent practical,
this effort shall be undertaken in coordination with the
National Science Foundation and the National Institute of
Standards and Technology.
The agreement provides not less than $10,000,000 and up to
$15,000,000 for research in memory advancements for accelerated
architectures used to enhance Artificial Intelligence and
Machine Learning. The Department is directed to develop a
collaborative research program to produce breakthroughs for
intelligent memory systems that will enhance the ability of the
Department to cost effectively address the largest problems in
science while keeping the United States as the leader in
semiconductor technologies for advanced computing.
The agreement provides not less than $20,000,000 in Basic
Energy Sciences and Biological and Environmental Research for
research and development of negative emissions technologies,
including not less than $5,000,000 for direct air capture.
Advanced Scientific Computing Research (ASCR).--Within
available funds, $150,000,000 is for the Argonne Leadership
Computing Facility, $225,000,000 is for the Oak Ridge
Leadership Computing Facility, $110,000,000 is for the National
Energy Research Scientific Computing Center at Lawrence
Berkeley National Laboratory, and $90,000,000 is for ESnet.
Within available funds, not less than $39,000,000 is for
Research and Evaluation Prototypes, of which not less than
$10,000,000 is for the Computational Science Graduate
Fellowship program. The agreement provides not less than
$155,000,000 for Mathematical, Computational, and Computer
Sciences Research.
Basic Energy Sciences (BES).--Within available funds, not
less than $15,000,000 and up to $20,000,000 is for the Fuels
from Sunlight Energy Innovation Hub. Within available funds,
$139,000,000 is for facilities operations of the Nanoscale
Science Research Centers (NSRCs), $525,000,000 is for
facilities operations of the nation's light sources,
$292,000,000 is for facilities operations of the high flux
neutron sources, and $115,000,000 is for the Energy Frontier
Research Centers. The agreement provides no direction for the
DISCOVER Beamline. Within available funds, $5,000,000 is for
the NSRC Recapitalization project and $5,500,000 is for the
NEXT-II project.
Biological and Environmental Research (BER).--The agreement
provides not less than $391,000,000 for Biological Systems
Science. Within available funds, not less than $100,000,000 is
for the four Bioenergy Research Centers; not less than
$40,000,000 is for Biomolecular Characterization and Imaging
Science, of which not less than $5,000,000 is to advance the
study of complex biological systems and synthetic biology using
neutrons; $77,000,000 is for the Joint Genome Institute; and
not less than $5,000,000 is for low-dose radiation research.
The Department is directed to develop a low-dose radiation
research plan in coordination with the low-dose radiation
research community, other federal agencies, and any other
relevant entities.
Within available funds, $30,000,000 is to build upon the
current modeling-focused effort and to develop observational
assets and associated research to study the nation's major
land-water interfaces, including the Great Lakes, by leveraging
national laboratories' assets as well as local infrastructure
and expertise at universities and other research institutions.
Within available funds, $15,000,000 is for cloud-aerosol
research and computing.
Within available funds, not less than $38,200,000 is for
Terrestrial Ecosystem Science. Within available funds for
Terrestrial Ecosystem Science, not less than $10,000,000 is for
Next Generation Ecosystem Experiments Arctic, $8,300,000 is for
the SPRUCE field site, $7,000,000 is for Next Generation
Ecosystem Experiments Tropics, $5,100,000 is for AmeriFLUX
Long-Term Earth System Observations, and $5,000,000 is to
initiate planning and pilot studies for new Terrestrial
Ecosystem Science manipulation experiments.
Within available funds, not less than $31,800,000 is for
Subsurface Biogeochemical Research, including $6,800,000 for
Watershed Function SFA and not less than $3,500,000 to support
ongoing research and discovery related to mercury
biogeochemical transformations in the environment.
Fusion Energy Sciences (FES).--Within available funds,
$68,000,000 is for NSTX-U operations; $4,000,000 is to support
the Department's recent creation of the Innovation Network for
Fusion Energy (INFUSE) research and development program;
$20,000,000 is for High Energy Density Laboratory Plasmas,
including activities for LaserNetUS; and $21,000,000 is for the
Materials Plasma Exposure eXperiment. The Department is
directed to expand the INFUSE program to allow for both
domestic and international companies.
The agreement does not include funds for the creation of a
Fusion Public-Private Partnership Cost Share Program for
reactor technologies at this time. The Fusion Energy Sciences
Advisory Committee is directed to give full consideration to
the establishment of a cost share program for reactor
technologies as part of its ongoing long-range strategic
planning activity. The Department is directed to provide to the
Committees on Appropriations of both Houses of Congress not
later than 180 days after enactment of this Act a plan on a
possible cost share program for reactor technologies. The plan
should include program objectives, eligibility requirements,
and a funding profile for future fiscal years.
The agreement provides $242,000,000 for the U.S.
contribution to the ITER project, of which not less than
$85,000,000 is for in-cash contributions.
High Energy Physics (HEP).--Within available funds,
$30,000,000 is for the Sanford Underground Research Facility,
$100,000,000 is for the HL-LHC Upgrade Projects, and
$15,000,000 is for the Large Synoptic Survey Telescope.
Nuclear Physics (NP).--Within available funds, $28,500,000
is for operations at the Facility for Rare Isotope Beams. The
Department is directed to provide optimal funding for
operations, major items of equipment, and other project costs.
Workforce Development for Teachers and Scientists (WDTS).--
The agreement provides $28,000,000 for Workforce Development
for Teachers and Scientists. Within available funds,
$13,500,000 is for Science Undergraduate Laboratory
Internships, not less than $1,500,000 is for Community College
Internships, and $4,500,000 is for the Graduate Student
Research Program.
Science Laboratories Infrastructure.--The agreement
includes funding to complete the land and facilities
acquisition for the Pacific Northwest National Laboratory.
Advanced Research Projects Agency--Energy
The agreement provides $425,000,000 for the Advanced
Research Projects Agency--Energy.
Title 17 Innovative Technology Loan Guarantee Program
The agreement provides $32,000,000 in administrative
expenses for the Loan Guarantee Program. The agreement is
offset by $3,000,000 in estimated collections from loan
guarantee applicants, for a net appropriation of $29,000,000.
As provided in 42 U.S.C. 16511, the Secretary may make
guarantees under this section only for projects that avoid,
reduce, or sequester air pollutants or anthropogenic emissions
of greenhouse gases and employ new or significantly improved
technologies as compared to commercial technologies in service
in the United States upon issuance of the loan guarantee.
Advanced Technology Vehicles Manufacturing Loan Program
The agreement provides $5,000,000 for the Advanced
Technology Vehicles Manufacturing Loan Program. The agreement
directs the Department to expeditiously evaluate and adjudicate
all loan applications received.
Tribal Energy Loan Guarantee Program
The agreement provides $2,000,000 for the Tribal Energy
Loan Guarantee Program.
Office of Indian Energy Policy and Programs
The agreement provides $22,000,000 for the Office of Indian
Energy Policy and Programs.
Departmental Administration
The agreement provides $161,000,000 for Departmental
Administration.
Control Points.--In lieu of House and Senate direction on
control points, the agreement includes eight reprogramming
control points in this account to provide flexibility in the
management of support functions. The Other Departmental
Administration activity includes Management, Project Management
Oversight and Assessments, Chief Human Capital Officer, Office
of Technology Transitions, Office of Small and Disadvantaged
Business Utilization, General Counsel, Office of Policy, and
Public Affairs. The Department is directed to continue to
submit a budget request that proposes a separate funding level
for each of these activities.
Within available funds for International Affairs, the
agreement includes $2,000,000 for the Israel Binational
Industrial Research and Development (BIRD) Foundation and
$4,000,000 to continue the U.S.-Israel Center of Excellence in
Energy Engineering and Water Technology. The agreement does not
adopt the proposal to transfer staff from the applied energy
offices to International Affairs. The Department shall brief
the Committees on Appropriations of both Houses of Congress not
later than 90 days after enactment of this Act on its plans to
spend funds provided in this agreement for the Office of
International Affairs.
Chief Information Officer.--The agreement provides
$2,000,000 for implementation of the 21st Century Integrated
Digital Experience Act.
Other Departmental Administration.--The agreement provides
$5,000,000 above the budget request for the Office of
Technology Transitions for a competitive funding opportunity
for incubators supporting energy innovation clusters, with
requirements as outlined in the House report. The Department is
directed to provide to the Committees on Appropriations of both
Houses of Congress not later than 180 days after enactment of
this Act a report on the value of creating a nonprofit
foundation, with requirements as outlined in the House and
Senate reports. The agreement provides $1,700,000 within
available funds for the Office of Policy to complete a U.S.
energy employment report, with requirements as outlined in the
House and Senate reports. The Department is directed to produce
and release this report annually.
The agreement provides $24,316,000 for the Chief Human
Capital Officer and $32,575,000 for the Office of General
Counsel.
Energy Technology Commercialization Fund.--In making awards
from the Energy Technology Commercialization Fund established
under section 1001(e) of the Energy Policy Act of 2005 (42
U.S.C. 16391(e)), the requirements for matching funds shall be
determined by the Secretary of Energy in accordance with
section 988 of that Act (42 U.S.C. 16352).
Small Refinery Exemption.--The agreement does not include
the Senate report direction regarding small refinery exemption.
Office of the Inspector General
The agreement provides $54,215,000 for the Office of the
Inspector General.
ATOMIC ENERGY DEFENSE ACTIVITIES
NATIONAL NUCLEAR SECURITY ADMINISTRATION
The agreement provides $16,704,592,000 for the National
Nuclear Security Administration (NNSA).
The NNSA Act clearly lays out the functions of the NNSA and
gives the Administrator authority over, and responsibility for,
those functions. The agreement again directs that no funds
shall be used to reorganize, re-classify, or study combining
any of those functions with the Department.
Weapons Activities
The agreement provides $12,457,097,000 for Weapons
Activities.
W87-1 Modification Program.--In lieu of House direction,
the agreement provides $112,011,000, of which not more than
seventy-five percent shall be obligated until the NNSA provides
to the Committees on Appropriations of both Houses of Congress
a report on the W87-1 Modification Program that includes the
following: (1) a list of all major design decisions that have
been made or that remain open and a description and explanation
of the cost trade-offs for each decision or potential decision
including surety architecture, technologies, and potential
component re-use; (2) identification of major risks and
contingency plans to address each risk, including the risk that
restarting plutonium pit production will not meet the current
projected schedule; and (3) plans to address technology
maturation and manufacturing readiness.
Sea-Launched Cruise Missile Study.--In lieu of House
direction, the agreement provides $80,204,000 for W80 Stockpile
Systems and $5,607,000 in a new control point in Research,
Development, Test, and Evaluation for assessments and studies
to support the ongoing Department of Defense Analysis of
Alternatives (AoA) for the Sea-Launched Cruise Missile. To
improve oversight and visibility of these activities, the NNSA
is directed to request funding for pre-Phase 6.1 activities
within this new control point in all future budget requests.
The NNSA is directed to brief the Committees on Appropriations
of both Houses of Congress not later than 90 days after
enactment of this Act on the status of the AoA and the range of
options being considered. Not later than 180 days after
enactment of this Act, the NNSA shall provide an estimate of
the cost, schedule, and impact on NNSA's current workload for
each option under consideration. In support of these efforts
and of the AoA, the Weapons Program shall coordinate with
NNSA's Office of Cost Estimating and Program Evaluation.
B83 Stockpile Systems.--In lieu of House direction, the
NNSA is directed to submit to the Committees on Appropriations
of both the Houses of Congress not later than 180 days after
enactment of this Act a report on the current status and future
plans for the B83 system. The report shall identify options,
along with rough-order of magnitude costs and key technical and
policy milestones for meeting military requirements through
retirement, retention, and extension, including the complete
replacement of the system. The report shall include an
assessment of the supply and condition of limited-life
components, and the testing requirements of key components. An
unclassified version of the report shall be made available.
Plutonium Pit Production.--Restarting plutonium pit
production will require the construction of new facilities,
refurbishment of existing facilities, and equipment
installations. The financial accounting and management
processes for these three types of capital acquisition efforts
are different, making oversight of such a large project
difficult. The Department is directed to manage capital
acquisitions to increase the production capacity of PF-4 beyond
10 pits per year as well as associated general infrastructure
investments at Los Alamos National Laboratory to support pit
production as a single project, with multiple sub-projects, and
should follow the requirements for project management under DOE
Order 413. The Savannah River Pit Production Facility shall
also be managed as a single project with multiple sub-projects
under DOE Order 413. In addition, the Department is directed to
provide to the Committees on Appropriations of both Houses of
Congress, starting not later than 30 days after enactment of
this Act, quarterly briefings that shall include the following:
(1) the status of pits one through 10, including the cost
estimate and schedule to completion, and major milestones and
deliverables; (2) the status of the two projects for production
beyond 10 pits per year, including the cost estimate and
schedule to completion, and major milestones and deliverables;
and (3) how the lessons learned from the Uranium Processing
Facility Red Team Review are being applied to plutonium work.
Science.--Within amounts for Academic Alliances, $5,000,000
shall be for Tribal Colleges and Universities and $25,000,000
shall be for the Minority Serving Institutions and Partnership
Program.
Inertial Confinement Fusion and High Yield.--Within
available funds, not less than $344,000,000 is for the National
Ignition Facility, not less than $80,000,000 is for OMEGA, not
less than $66,900,000 is for the Z Facility, and not less than
$6,000,000 is for the NIKE Laser at the Naval Research
Laboratory. The agreement directs the NNSA to submit to the
Committees on Appropriations of both Houses of Congress not
later than 90 days after enactment of this Act a report on how
the Joint Program in High Energy Density Laboratory Plasmas
supports the national security mission of the agency. The NNSA
shall submit to the Committees not later than 45 days after
enactment of this Act a report, with appropriate classified
annexes, describing the NNSA's plans to meet or exceed proposed
near-peer technological developments with regard to laser and
pulsed power facilities and technologies. The NNSA shall
include a preliminary budget to build or modify existing
facilities to address shortfalls and prevent technological
surprise.
Independent Review of the Inertial Confinement Fusion
Program.--The agreement includes Senate direction. The NNSA is
reminded that if it is determined that ignition science
activities are necessary to maintain the stockpile, the review
shall recommend and prioritize research areas that would
improve the program.
Stockpile Responsiveness Program.--A necessary part of
maintaining a responsive stockpile in a cost-effective manner
is understanding key drivers that impact the cost of life
extension programs, modifications, and major alterations. The
NNSA is directed to task the design and production agencies to
work together to study cost drivers and the duration and
periodicity of life extensions, modifications, and alterations
and to provide recommendations to the Administrator not later
than 120 days after enactment of this Act. The study should
consider opportunities to improve the following: (1) the rigor
with which technology and manufacturing assessments are
conducted; (2) early engagement between design and production
agencies; and (3) implementation of design for manufacture
strategies. The NNSA is directed to provide to the Committees
on Appropriations of both Houses of Congress the results and
recommendations of the study not later than 30 days after
completion of the study.
Advanced Simulation and Computing.--Within available funds,
the agreement provides $20,000,000 for advanced memory
technology research and up to $48,000,000 for artificial
intelligence to support NNSA work.
Defense Nuclear Nonproliferation
The agreement provides $2,164,400,000 for Defense Nuclear
Nonproliferation.
Transfer of Excess Plutonium.--No funds were requested to
transfer excess plutonium from the State of South Carolina to
the State of Nevada to comply with 50 U.S.C. 2566, and no funds
are provided for this purpose.
Global Material Security.--Within available funds, not less
than $45,000,000 is for the Cesium Irradiator Replacement
Program. Within this amount, up to $20,000,000 is to address
the container breach in Seattle, Washington. The agreement also
provides up to $12,000,000 to partner with state or local
governments to train first-responders and experts in nuclear
operations, safeguards, cybersecurity, and emergency
operations.
Material Management and Minimization.--Within amounts for
Laboratory and Partnership Support, $10,000,000 is for
technical support of global industry partners that are seeking
to minimize the use of highly-enriched uranium in the
production of Mo-99 and $35,000,000 is to support new
competitively-awarded cooperative agreements to establish a
stable domestic source of Mo-99. The NNSA may select one or
more recipients and is directed to consider technology maturity
in the selection process.
Nonproliferation and Arms Control.--The agreement directs
the NNSA to support technical and policy work conducted by the
Office of Nuclear Energy to ensure nuclear safeguards, security
measures, and technologies are integrated into advanced nuclear
reactor designs.
Naval Reactors
(INCLUDING TRANSFER OF FUNDS)
The agreement provides $1,648,396,000 for Naval Reactors.
Federal Salaries and Expenses
The agreement provides $434,699,000 for Federal Salaries
and Expenses.
The NNSA is directed to provide to the Committees on
Appropriations of both Houses of Congress starting not later
than 30 days after enactment of this Act a monthly update that
includes monthly hiring, attrition, and costs, with the data
broken out to show excepted service and non-excepted service
employees separately. In addition, not later than July 1, 2020,
the NNSA shall provide the Committees a briefing on its efforts
to streamline hiring for non-excepted service employees and
actions being taken to make full use of its hiring authorities.
ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES
Defense Environmental Cleanup
The agreement provides $6,255,000,000 for Defense
Environmental Cleanup.
Richland.--Within available funds for Central Plateau
Remediation, the agreement redirects $11,800,000 in prior year
funds from the Containerized Sludge Removal Project to replace
and upgrade power supply infrastructure in support of direct
feed low-activity waste operations. Further, within available
funds, the Department is directed to carry out maintenance,
repair, and public safety efforts at historical sites, such as
B Reactor, including facility improvements needed to expand
public access and interpretive programs. None of the Richland
Operations funds shall be used to directly carry out waste
removal or treatment activities within the Office of River
Protection's tank farms.
Idaho Site.--The Department is urged to continue developing
and testing the methods and equipment necessary to retrieve and
transfer calcine waste to a permanent repository. The
Department should also continue the engineering design work
required to install the calcine waste retrieval equipment in
the Calcine Solids Storage facility.
Oak Ridge Reservation.--The agreement provides no funding
for the new landfill. The Department is directed to perform an
evaluation of the cost of onsite disposal compared to offsite
disposal, including the economic impacts to the local
community, and to brief the Committees on Appropriations of
both Houses of Congress not later than 90 days after enactment
of this Act. The bill provides $5,900,000 for Community and
Regulatory Support. The Department is permitted to fund the
Federal Facility Agreement (FFA) grant upon receiving a
detailed work plan from the state for the upcoming year that
identifies all critical work to be performed pursuant to the
FFA grant and a schedule for meeting program milestones.
Further, the Department is directed to provide quarterly
updates on compliance with the work plan and schedule to the
Committees on Appropriations of both Houses of Congress.
Savannah River Site.--Within available funds for Risk
Management Operations, the agreement provides $5,000,000 to
begin remediation of the D-Area and $20,000,000 for H-Canyon
operations. Any unused funds in the 05-D-405 Salt Waste
Processing Facility construction line-item may be used for SWPF
operations.
Other Defense Activities
The agreement provides $906,000,000 for Other Defense
Activities. With respect to Order 140.1, concerns persist with
the Order's demonstrated impacts on the ability of the DNFSB to
carry out its congressionally-mandated responsibilities. To
ensure the DNFSB can continue to meet its statutory oversight
responsibilities, the Department is directed to collaborate
with the DNFSB to address the Board's specific concerns with
Order 140.1. The Department must demonstrate a renewed focus on
adequate protection of public health and safety, including the
health and safety of workers. The agreement includes the House
requirement for an evaluation by the Comptroller General but
does not include the House requirement regarding a Memorandum
of Understanding.
POWER MARKETING ADMINISTRATIONS
Bonneville Power Administration Fund
The agreement provides no appropriation for the Bonneville
Power Administration, which derives its funding from revenues
deposited into the Bonneville Power Administration Fund. The
agreement includes legislative language permanently authorizing
certain activities related to state clean energy programs.
Operation and Maintenance, Southeastern Power Administration
The agreement provides a net appropriation of $0 for the
Southeastern Power Administration.
Operation and Maintenance, Southwestern Power Administration
The agreement provides a net appropriation of $10,400,000
for the Southwestern Power Administration. To ensure sufficient
authority to meet purchase power and wheeling needs, the
agreement includes $28,000,000 above the level credited as
offsetting collections by the Congressional Budget Office. The
Department is directed to continue working with the Committees
on Appropriations of both Houses of Congress to provide
necessary information to address this scoring issue for future
fiscal years.
Construction, Rehabilitation, Operation and Maintenance, Western Area
Power Administration
(INCLUDING RESCISSION OF FUNDS)
The agreement provides a net appropriation of $89,196,000
for the Western Area Power Administration. The agreement
includes a rescission of $176,000 as proposed in the budget
request. To ensure sufficient authority to meet purchase power
and wheeling needs, the agreement includes $59,000,000 above
the level credited as offsetting collections by the
Congressional Budget Office. The Department is directed to
continue working with the Committees on Appropriations of both
Houses of Congress to provide necessary information to address
this scoring issue for future fiscal years.
Falcon and Amistad Operating and Maintenance Fund
The agreement provides a net appropriation of $228,000 for
the Falcon and Amistad Operating and Maintenance Fund.
Federal Energy Regulatory Commission
SALARIES AND EXPENSES
The agreement provides $382,000,000 for the Federal Energy
Regulatory Commission (FERC). Revenues for FERC are set to an
amount equal to the budget authority, resulting in a net
appropriation of $0.
FERC is directed to provide to the Committees on
Appropriations of both Houses of Congress not later than 180
days after enactment of this Act a study and report outlining
the barriers and opportunities for high voltage transmission,
including over the nation's transportation corridors. The
report shall examine the reliability and resilience benefits,
permitting barriers, and any barriers in state or federal
policy or markets.
GENERAL PROVISIONS--DEPARTMENT OF ENERGY
(INCLUDING TRANSFER AND RESCISSION OF FUNDS)
The agreement includes a modified provision prohibiting the
use of funds provided in this title to initiate requests for
proposals, other solicitations, or arrangements for new
programs or activities that have not yet been approved and
funded by Congress; requires notification or a report for
certain funding actions; prohibits funds to be used for certain
multi-year ``Energy Programs'' activities without notification;
and prohibits the obligation or expenditure of funds provided
in this title through a reprogramming of funds except in
certain circumstances.
The agreement includes a provision authorizing intelligence
activities of the Department of Energy for purposes of section
504 of the National Security Act of 1947.
The agreement includes a provision prohibiting the use of
funds in this title for capital construction of high hazard
nuclear facilities, unless certain independent oversight is
conducted.
The agreement includes a provision prohibiting the use of
funds in this title to approve critical decision-2 or critical
decision-3 for certain construction projects, unless a separate
independent cost estimate has been developed for that critical
decision.
The agreement includes a provision prohibiting funds in the
Defense Nuclear Nonproliferation account for certain activities
and assistance in the Russian Federation.
The agreement includes a provision regarding authority to
release refined petroleum product from the Strategic Petroleum
Reserve.
The agreement includes a provision regarding environmental
stewardship and endangered species recovery efforts.
The agreement includes a provision regarding a rescission.
The agreement includes a provision regarding mercury
storage.
The agreement includes a provision regarding pay for power
system dispatchers.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
TITLE IV--INDEPENDENT AGENCIES
Appalachian Regional Commission
The agreement provides $175,000,000 for the Appalachian
Regional Commission (ARC). The following is the only direction
for the Appalachian Regional Commission.
The agreement includes the budget request proposal to
address the substance abuse crisis that disproportionally
affects Appalachia and the budget request proposal for
activities in support of the POWER Initiative.
To diversify and enhance regional business development,
$10,000,000 is provided to continue the program of high-speed
broadband deployment in distressed counties within the Central
Appalachian region that have been most negatively impacted by
the downturn in the coal industry. The agreement provides
$5,000,000 for a program of high-speed broadband deployment in
economically distressed counties within the North Central and
Northern Appalachian regions.
Within available funds, not less than $16,000,000 is for a
program of industrial site and workforce development in
Southern and South Central Appalachia, focused primarily on the
automotive supplier sector and the aviation sector. Up to
$13,500,000 of that amount is for activities in Southern
Appalachia. The funds shall be distributed to states that have
distressed counties in Southern and South Central Appalachia
using the ARC Area Development Formula.
Within available funding, $16,000,000 is for a program of
basic infrastructure improvements in distressed counties in
Central Appalachia. Funds shall be distributed according to
ARC's distressed counties formula and shall be in addition to
the regular allocation to distressed counties.
The ARC is directed to provide to the Committees on
Appropriations of both Houses of Congress not later than 90
days after enactment of this Act a report on the percentage of
funding that has been directed to persistent-poverty counties
and high-poverty areas in the last three fiscal years. For the
purposes of the report, 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. For the
purposes of the report, the term high-poverty area means any
census tract with a poverty rate of at least 20 percent as
measured by the 2013-2017 five-year data series available from
the American Community Survey of the Census Bureau.
Defense Nuclear Facilities Safety Board
SALARIES AND EXPENSES
The agreement provides $31,000,000 for the Defense Nuclear
Facilities Safety Board. The Board is directed to ensure a
minimum of 110 full-time equivalents or report why it was
unable to do so to the Committees on Appropriations of both
Houses of Congress. The Board is further directed to establish
and fill an Executive Director of Operations position. The
agreement does not provide funding for any other elements of
the Board's August 15, 2018, reorganization plan. The agreement
does not include the House report requirement regarding a
Memorandum of Understanding.
Delta Regional Authority
SALARIES AND EXPENSES
The agreement provides $30,000,000 for the Delta Regional
Authority.
Denali Commission
The agreement provides $15,000,000 for the Denali
Commission.
Northern Border Regional Commission
The agreement provides $25,000,000 for the Northern Border
Regional Commission.
Within available funds, not less than $4,000,000 is for
initiatives that seek to address the decline in forest-based
economies throughout the region and $750,000 is for the State
Capacity Building Grant Program.
Southeast Crescent Regional Commission
The agreement provides $250,000 for the Southeast Crescent
Regional Commission.
Nuclear Regulatory Commission
SALARIES AND EXPENSES
The Nuclear Regulatory Commission's (Commission) mission is
to ensure the safety and security of the nation's use of
nuclear power and nuclear materials and protect the workers and
public who use and benefit from these materials and facilities.
The agreement provides $842,236,000 for Commission salaries and
expenses. This amount is offset by estimated revenues of
$717,125,000, resulting in a net appropriation of $125,111,000.
The agreement provides $15,478,000 for activities related to
the development of regulatory infrastructure for advanced
nuclear reactor technologies and $14,500,000 for international
activities, which are not subject to the Commission's fee
recovery collection requirements. The agreement directs the use
of $40,000,000 in prior-year unobligated balances.
Unobligated Balances from Prior Appropriations.--The
Commission carries unobligated balances from appropriations
received in prior years. The agreement requires the use of
$40,000,000 of these balances, derived from fee-based
activities. The Commission is directed to apply these savings
in a manner that continues to ensure the protection of public
health and safety and maintains the effectiveness of the
current inspection program. Because the Commission has already
collected fees corresponding to these activities in prior
years, the agreement does not include these funds within the
fee base calculation for determining authorized revenues and
does not provide authority to collect additional offsetting
receipts for their use. Any remaining unobligated balances
carried forward from prior years are subject to the
reprogramming guidelines in section 402 of this Act, and shall
be used only to supplement appropriations consistent with those
guidelines.
[Dollars in thousands]
------------------------------------------------------------------------
Account Final Bill
------------------------------------------------------------------------
Nuclear Reactor Safety..................................... $447,574
Integrated University Program.............................. 16,000
Nuclear Materials and Waste Safety......................... 103,191
Decommissioning and Low-Level Waste........................ 22,891
Corporate Support.......................................... 292,580
Use of Prior-Year Balances................................. -40,000
Total, Nuclear Regulatory Commission................... 842,236
------------------------------------------------------------------------
OFFICE OF INSPECTOR GENERAL
The agreement provides $13,314,000 for the Office of
Inspector General in the Nuclear Regulatory Commission. This
amount is offset by revenues of $10,929,000, resulting in a net
appropriation of $2,385,000.
The agreement provides $1,171,000 to provide inspector
general services for the Defense Nuclear Facilities Safety
Board.
Nuclear Waste Technical Review Board
SALARIES AND EXPENSES
The agreement provides $3,600,000 for the Nuclear Waste
Technical Review Board.
GENERAL PROVISIONS--INDEPENDENT AGENCIES
The agreement includes a provision instructing the Nuclear
Regulatory Commission on responding to congressional requests
for information.
The agreement includes a provision relating to
reprogramming.
TITLE V--GENERAL PROVISIONS
(INCLUDING TRANSFER OF FUNDS)
The agreement includes a provision relating to lobbying
restrictions.
The agreement includes a provision relating to transfer
authority. No additional transfer authority is implied or
conveyed by this provision. For the purposes of this provision,
the term ``transfer'' shall mean the shifting of all or part of
the budget authority in one account to another. In addition to
transfers provided in this Act or other appropriations Acts,
and existing authorities, such as the Economy Act (31 U.S.C.
1535), by which one part of the United States Government may
provide goods or services to another part, this Act allows
transfers using section 4705 of the Atomic Energy Defense Act
(50 U.S.C. 2745) and 15 U.S.C. 638 regarding SBIR/STTR.
The agreement includes a provision prohibiting funds to be
used in contravention of the executive order entitled ``Federal
Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations.''
The agreement includes a provision prohibiting the use of
funds to establish or maintain a computer network unless such
network blocks the viewing, downloading, and exchanging of
pornography, except for law enforcement investigation,
prosecution, or adjudication activities.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
=======================================================================
[House Appropriations Committee Print]
Consolidated Appropriations Act, 2020
(H.R. 1865; P.L. 116-94)
DIVISION D--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2020
=======================================================================
DIVISION D--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2020
TITLE I
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
management of lands and resources
(including rescission of funds)
For necessary expenses for protection, use, improvement,
development, disposal, cadastral surveying, classification,
acquisition of easements and other interests in lands, and
performance of other functions, including maintenance of
facilities, as authorized by law, in the management of lands
and their resources under the jurisdiction of the Bureau of
Land Management, including the general administration of the
Bureau, and assessment of mineral potential of public lands
pursuant to section 1010(a) of Public Law 96-487 (16 U.S.C.
3150(a)), $1,237,015,000, to remain available until September
30, 2021; of which $115,000,000 for annual and deferred
maintenance and $101,555,000 for the wild horse and burro
program, as authorized by Public Law 92-195 (16 U.S.C. 1331 et
sec.), shall remain available until expended: Provided, That
of the funds made available for the wild horse and burro
program, $21,000,000 shall not be available for obligation
until 60 days after submission to the Congress of the detailed
plan described in the explanatory statement described in
section 4 (in the matter preceding division A of this
consolidated Act): Provided further, That amounts in the fee
account of the BLM Permit Processing Improvement Fund may be
used for any bureau-related expenses associated with the
processing of oil and gas applications for permits to drill and
related use of authorizations.
In addition, $40,196,000 is for Mining Law Administration
program operations, including the cost of administering the
mining claim fee program, to remain available until expended,
to be reduced by amounts collected by the Bureau and credited
to this appropriation from mining claim maintenance fees and
location fees that are hereby authorized for fiscal year 2020,
so as to result in a final appropriation estimated at not more
than $1,237,015,000, and $2,000,000, to remain available until
expended, from communication site rental fees established by
the Bureau for the cost of administering communication site
activities.
Of the unobligated balances from amounts made available under
this heading in fiscal year 2017 or before, $19,000,000 is
permanently rescinded: Provided, That no amounts may be
rescinded from amounts that were designated by the Congress as
an emergency requirement pursuant to the Concurrent Resolution
on the Budget or the Balanced Budget and Emergency Deficit
Control Act of 1985.
construction
(including rescission of funds)
Of the unobligated balances from amounts made available under
this heading $5,400,000 is permanently rescinded: Provided,
That no amounts may be rescinded from amounts that were
designated by the Congress as an emergency requirement pursuant
to the Concurrent Resolution on the Budget or the Balanced
Budget and Emergency Deficit Control Act of 1985.
land acquisition
(including rescission of funds)
For expenses necessary to carry out sections 205, 206, and
318(d) of Public Law 94-579, including administrative expenses
and acquisition of lands or waters, or interests therein,
$32,300,000, to be derived from the Land and Water Conservation
Fund and to remain available until expended.
Of the unobligated balances from amounts made available for
Land Acquisition and derived from the Land and Water
Conservation Fund, $2,367,000 is hereby permanently rescinded
from projects with cost savings or failed or partially failed
projects: Provided, That no amounts may be rescinded from
amounts that were designated by the Congress as an emergency
requirement pursuant to the Concurrent Resolution on the Budget
or the Balanced Budget and Emergency Deficit Control Act of
1985.
oregon and california grant lands
For expenses necessary for management, protection, and
development of resources and for construction, operation, and
maintenance of access roads, reforestation, and other
improvements on the revested Oregon and California Railroad
grant lands, on other Federal lands in the Oregon and
California land-grant counties of Oregon, and on adjacent
rights-of-way; and acquisition of lands or interests therein,
including existing connecting roads on or adjacent to such
grant lands; $112,094,000, to remain available until expended:
Provided, That 25 percent of the aggregate of all receipts
during the current fiscal year from the revested Oregon and
California Railroad grant lands is hereby made a charge against
the Oregon and California land-grant fund and shall be
transferred to the General Fund in the Treasury in accordance
with the second paragraph of subsection (b) of title II of the
Act of August 28, 1937 (43 U.S.C. 2605).
range improvements
For rehabilitation, protection, and acquisition of lands and
interests therein, and improvement of Federal rangelands
pursuant to section 401 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1751), notwithstanding any
other Act, sums equal to 50 percent of all moneys received
during the prior fiscal year under sections 3 and 15 of the
Taylor Grazing Act (43 U.S.C. 315b, 315m) and the amount
designated for range improvements from grazing fees and mineral
leasing receipts from Bankhead-Jones lands transferred to the
Department of the Interior pursuant to law, but not less than
$10,000,000, to remain available until expended: Provided,
That not to exceed $600,000 shall be available for
administrative expenses.
service charges, deposits, and forfeitures
For administrative expenses and other costs related to
processing application documents and other authorizations for
use and disposal of public lands and resources, for costs of
providing copies of official public land documents, for
monitoring construction, operation, and termination of
facilities in conjunction with use authorizations, and for
rehabilitation of damaged property, such amounts as may be
collected under Public Law 94-579 (43 U.S.C. 1701 et seq.), and
under section 28 of the Mineral Leasing Act (30 U.S.C. 185), to
remain available until expended: Provided, That
notwithstanding any provision to the contrary of section 305(a)
of Public Law 94-579 (43 U.S.C. 1735(a)), any moneys that have
been or will be received pursuant to that section, whether as a
result of forfeiture, compromise, or settlement, if not
appropriate for refund pursuant to section 305(c) of that Act
(43 U.S.C. 1735(c)), shall be available and may be expended
under the authority of this Act by the Secretary to improve,
protect, or rehabilitate any public lands administered through
the Bureau of Land Management which have been damaged by the
action of a resource developer, purchaser, permittee, or any
unauthorized person, without regard to whether all moneys
collected from each such action are used on the exact lands
damaged which led to the action: Provided further, That any
such moneys that are in excess of amounts needed to repair
damage to the exact land for which funds were collected may be
used to repair other damaged public lands.
miscellaneous trust funds
In addition to amounts authorized to be expended under
existing laws, there is hereby appropriated such amounts as may
be contributed under section 307 of Public Law 94-579 (43
U.S.C. 1737), and such amounts as may be advanced for
administrative costs, surveys, appraisals, and costs of making
conveyances of omitted lands under section 211(b) of that Act
(43 U.S.C. 1721(b)), to remain available until expended.
administrative provisions
The Bureau of Land Management may carry out the operations
funded under this Act by direct expenditure, contracts, grants,
cooperative agreements and reimbursable agreements with public
and private entities, including with States. Appropriations for
the Bureau shall be available for purchase, erection, and
dismantlement of temporary structures, and alteration and
maintenance of necessary buildings and appurtenant facilities
to which the United States has title; up to $100,000 for
payments, at the discretion of the Secretary, for information
or evidence concerning violations of laws administered by the
Bureau; miscellaneous and emergency expenses of enforcement
activities authorized or approved by the Secretary and to be
accounted for solely on the Secretary's certificate, not to
exceed $10,000: Provided, That notwithstanding Public Law 90-
620 (44 U.S.C. 501), the Bureau may, under cooperative cost-
sharing and partnership arrangements authorized by law, procure
printing services from cooperators in connection with jointly
produced publications for which the cooperators share the cost
of printing either in cash or in services, and the Bureau
determines the cooperator is capable of meeting accepted
quality standards: Provided further, That projects to be
funded pursuant to a written commitment by a State government
to provide an identified amount of money in support of the
project may be carried out by the Bureau on a reimbursable
basis.
United States Fish and Wildlife Service
resource management
For necessary expenses of the United States Fish and Wildlife
Service, as authorized by law, and for scientific and economic
studies, general administration, and for the performance of
other authorized functions related to such resources,
$1,364,289,000, to remain available until September 30, 2021:
Provided, That not to exceed $20,318,000 shall be used for
implementing subsections (a), (b), (c), and (e) of section 4 of
the Endangered Species Act of 1973 (16 U.S.C. 1533) (except for
processing petitions, developing and issuing proposed and final
regulations, and taking any other steps to implement actions
described in subsection (c)(2)(A), (c)(2)(B)(i), or
(c)(2)(B)(ii)): Provided further, That of the amounts made
available under this heading for central office operations,
$1,000,000 shall not be available for obligation until the
Landscape Conservation Cooperatives report is received by the
Committees on Appropriations of the House of Representatives
and the Senate in accordance with the explanatory statement
described in section 4 (in the matter preceding division A of
this consolidated Act).
construction
For construction, improvement, acquisition, or removal of
buildings and other facilities required in the conservation,
management, investigation, protection, and utilization of fish
and wildlife resources, and the acquisition of lands and
interests therein; $29,704,000, to remain available until
expended.
land acquisition
(including rescission of funds)
For expenses necessary to carry out chapter 2003 of title 54,
United States Code, including administrative expenses, and for
acquisition of land or waters, or interest therein, in
accordance with statutory authority applicable to the United
States Fish and Wildlife Service, $70,715,000, to be derived
from the Land and Water Conservation Fund and to remain
available until expended, of which, not more than $10,000,000
shall be for land conservation partnerships authorized by the
Highlands Conservation Act of 2004, including not to exceed
$320,000 for administrative expenses: Provided, That none of
the funds appropriated for specific land acquisition projects
may be used to pay for any administrative overhead, planning or
other management costs.
Of the unobligated balances from amounts made available for
the Fish and Wildlife Service and derived from the Land and
Water Conservation Fund, $3,628,000 is hereby permanently
rescinded from projects with cost savings or failed or
partially failed projects: Provided further, That no amounts
may be rescinded from amounts that were designated by the
Congress as an emergency requirement pursuant to the Concurrent
Resolution on the Budget or the Balanced Budget and Emergency
Deficit Control Act of 1985.
cooperative endangered species conservation fund
(including rescission of funds)
For expenses necessary to carry out section 6 of the
Endangered Species Act of 1973 (16 U.S.C. 1535), $54,502,000,
to remain available until expended, of which $23,702,000 is to
be derived from the Cooperative Endangered Species Conservation
Fund; and of which $30,800,000 is to be derived from the Land
and Water Conservation Fund.
Of the unobligated balances made available from the
Cooperative Endangered Species Conservation Fund, $18,771,000
is permanently rescinded from projects or from other grant
programs with an unobligated carry over balance: Provided,
That no amounts may be rescinded from amounts that were
designated by the Congress as an emergency requirement pursuant
to the Concurrent Resolution on the Budget or the Balanced
Budget and Emergency Deficit Control Act of 1985.
national wildlife refuge fund
For expenses necessary to implement the Act of October 17,
1978 (16 U.S.C. 715s), $13,228,000.
north american wetlands conservation fund
For expenses necessary to carry out the provisions of the
North American Wetlands Conservation Act (16 U.S.C. 4401 et
seq.), $46,000,000, to remain available until expended.
neotropical migratory bird conservation
For expenses necessary to carry out the Neotropical Migratory
Bird Conservation Act (16 U.S.C. 6101 et seq.), $4,910,000, to
remain available until expended.
multinational species conservation fund
For expenses necessary to carry out the African Elephant
Conservation Act (16 U.S.C. 4201 et seq.), the Asian Elephant
Conservation Act of 1997 (16 U.S.C. 4261 et seq.), the
Rhinoceros and Tiger Conservation Act of 1994 (16 U.S.C. 5301
et seq.), the Great Ape Conservation Act of 2000 (16 U.S.C.
6301 et seq.), and the Marine Turtle Conservation Act of 2004
(16 U.S.C. 6601 et seq.), $15,000,000, to remain available
until expended.
state and tribal wildlife grants
For wildlife conservation grants to States and to the
District of Columbia, Puerto Rico, Guam, the United States
Virgin Islands, the Northern Mariana Islands, American Samoa,
and Indian tribes under the provisions of the Fish and Wildlife
Act of 1956 and the Fish and Wildlife Coordination Act, for the
development and implementation of programs for the benefit of
wildlife and their habitat, including species that are not
hunted or fished, $67,571,000, to remain available until
expended: Provided, That of the amount provided herein,
$5,209,000 is for a competitive grant program for Indian tribes
not subject to the remaining provisions of this appropriation:
Provided further, That $7,362,000 is for a competitive grant
program to implement approved plans for States, territories,
and other jurisdictions and at the discretion of affected
States, the regional Associations of fish and wildlife
agencies, not subject to the remaining provisions of this
appropriation: Provided further, That the Secretary shall,
after deducting $12,571,000 and administrative expenses,
apportion the amount provided herein in the following manner:
(1) to the District of Columbia and to the Commonwealth of
Puerto Rico, each a sum equal to not more than one-half of 1
percent thereof; and (2) to Guam, American Samoa, the United
States Virgin Islands, and the Commonwealth of the Northern
Mariana Islands, each a sum equal to not more than one-fourth
of 1 percent thereof: Provided further, That the Secretary
shall apportion the remaining amount in the following manner:
(1) one-third of which is based on the ratio to which the land
area of such State bears to the total land area of all such
States; and (2) two-thirds of which is based on the ratio to
which the population of such State bears to the total
population of all such States: Provided further, That the
amounts apportioned under this paragraph shall be adjusted
equitably so that no State shall be apportioned a sum which is
less than 1 percent of the amount available for apportionment
under this paragraph for any fiscal year or more than 5 percent
of such amount: Provided further, That the Federal share of
planning grants shall not exceed 75 percent of the total costs
of such projects and the Federal share of implementation grants
shall not exceed 65 percent of the total costs of such
projects: Provided further, That the non-Federal share of such
projects may not be derived from Federal grant programs:
Provided further, That any amount apportioned in 2020 to any
State, territory, or other jurisdiction that remains
unobligated as of September 30, 2021, shall be reapportioned,
together with funds appropriated in 2022, in the manner
provided herein.
administrative provisions
The United States Fish and Wildlife Service may carry out the
operations of Service programs by direct expenditure,
contracts, grants, cooperative agreements and reimbursable
agreements with public and private entities. Appropriations and
funds available to the United States Fish and Wildlife Service
shall be available for repair of damage to public roads within
and adjacent to reservation areas caused by operations of the
Service; options for the purchase of land at not to exceed $1
for each option; facilities incident to such public
recreational uses on conservation areas as are consistent with
their primary purpose; and the maintenance and improvement of
aquaria, buildings, and other facilities under the jurisdiction
of the Service and to which the United States has title, and
which are used pursuant to law in connection with management,
and investigation of fish and wildlife resources: Provided,
That notwithstanding 44 U.S.C. 501, the Service may, under
cooperative cost sharing and partnership arrangements
authorized by law, procure printing services from cooperators
in connection with jointly produced publications for which the
cooperators share at least one-half the cost of printing either
in cash or services and the Service determines the cooperator
is capable of meeting accepted quality standards: Provided
further, That the Service may accept donated aircraft as
replacements for existing aircraft: Provided further, That
notwithstanding 31 U.S.C. 3302, all fees collected for non-
toxic shot review and approval shall be deposited under the
heading ``United States Fish and Wildlife Service--Resource
Management'' and shall be available to the Secretary, without
further appropriation, to be used for expenses of processing of
such non-toxic shot type or coating applications and revising
regulations as necessary, and shall remain available until
expended.
National Park Service
operation of the national park system
For expenses necessary for the management, operation, and
maintenance of areas and facilities administered by the
National Park Service and for the general administration of the
National Park Service, $2,576,992,000, of which $10,282,000 for
planning and interagency coordination in support of Everglades
restoration and $135,950,000 for maintenance, repair, or
rehabilitation projects for constructed assets and $153,575,000
for cyclic maintenance projects for constructed assets and
cultural resources and $5,000,000 for uses authorized by
section 101122 of title 54, United States Code shall remain
available until September 30, 2021: Provided, That funds
appropriated under this heading in this Act are available for
the purposes of section 5 of Public Law 95-348: Provided
further, That notwithstanding section 9(a) of the United States
Semiquincentennial Commission Act of 2016 (Public Law 114-196;
130 Stat. 691), $3,300,000 of the funds made available under
this heading shall be provided to the organization selected
under section 9(b) of that Act for expenditure by the United
States Semiquincentennial Commission in accordance with that
Act: Provided further, That notwithstanding section 9 of the
400 Years of African-American History Commission Act (36 U.S.C.
note prec. 101; Public Law 115-102), $3,300,000 of the funds
provided under this heading shall be made available for the
purposes specified by that Act: Provided further, That
sections (7)(b) and (8) of that Act shall be amended by
striking ``July 1, 2020'' and inserting ``July 1, 2021''.
national recreation and preservation
For expenses necessary to carry out recreation programs,
natural programs, cultural programs, heritage partnership
programs, environmental compliance and review, international
park affairs, and grant administration, not otherwise provided
for, $71,166,000.
historic preservation fund
For expenses necessary in carrying out the National Historic
Preservation Act (division A of subtitle III of title 54,
United States Code), $118,660,000, to be derived from the
Historic Preservation Fund and to remain available until
September 30, 2021, of which $16,000,000 shall be for Save
America's Treasures grants for preservation of national
significant sites, structures and artifacts as authorized by
section 7303 of the Omnibus Public Land Management Act of 2009
(54 U.S.C. 3089): Provided, That an individual Save America's
Treasures grant shall be matched by non-Federal funds:
Provided further, That individual projects shall only be
eligible for one grant: Provided further, That all projects to
be funded shall be approved by the Secretary of the Interior in
consultation with the House and Senate Committees on
Appropriations: Provided further, That of the funds provided
for the Historic Preservation Fund, $750,000 is for competitive
grants for the survey and nomination of properties to the
National Register of Historic Places and as National Historic
Landmarks associated with communities currently under-
represented, as determined by the Secretary, $18,750,000 is for
competitive grants to preserve the sites and stories of the
Civil Rights movement, $10,000,000 is for grants to
Historically Black Colleges and Universities, and $7,500,000 is
for competitive grants for the restoration of historic
properties of national, State and local significance listed on
or eligible for inclusion on the National Register of Historic
Places, to be made without imposing the usage or direct grant
restrictions of section 101(e)(3) (54 U.S.C. 302904) of the
National Historical Preservation Act: Provided further, That
such competitive grants shall be made without imposing the
matching requirements in section 302902(b)(3) of title 54,
United States Code, to States and Indian tribes as defined in
chapter 3003 of such title, Native Hawaiian organizations,
local governments, including Certified Local Governments, and
non-profit organizations.
construction
For construction, improvements, repair, or replacement of
physical facilities, and compliance and planning for programs
and areas administered by the National Park Service,
$389,345,000, to remain available until expended: Provided,
That notwithstanding any other provision of law, for any
project initially funded in fiscal year 2020 with a future
phase indicated in the National Park Service 5-Year Line Item
Construction Plan, a single procurement may be issued which
includes the full scope of the project: Provided further, That
the solicitation and contract shall contain the clause
availability of funds found at 48 CFR 52.232-18: Provided
further, That National Park Service Donations, Park Concessions
Franchise Fees, and Recreation Fees may be made available for
the cost of adjustments and changes within the original scope
of effort for projects funded by the National Park Service
Construction appropriation: Provided further, That the
Secretary of the Interior shall consult with the Committees on
Appropriations, in accordance with current reprogramming
thresholds, prior to making any charges authorized by this
section.
land acquisition and state assistance
(including rescission of funds)
For expenses necessary to carry out chapter 2003 of title 54,
United States Code, including administrative expenses, and for
acquisition of lands or waters, or interest therein, in
accordance with the statutory authority applicable to the
National Park Service, $208,400,000, to be derived from the
Land and Water Conservation Fund and to remain available until
expended, of which $140,000,000 is for the State assistance
program and of which $13,000,000 shall be for the American
Battlefield Protection Program grants as authorized by chapter
3081 of title 54, United States Code.
Of the unobligated balances from amounts made available for
the National Park Service and derived from the Land and Water
Conservation Fund, $2,279,000 is hereby permanently rescinded
from projects or from other grant programs with an unobligated
carry over balance: Provided, That no amounts may be rescinded
from amounts that were designed by the Congress as an emergency
requirement pursuant to the Concurrent Resolution on the Budget
or the Balanced Budget and Emergency Deficit Control Act of
1985.
centennial challenge
For expenses necessary to carry out the provisions of section
101701 of title 54, United States Code, relating to challenge
cost share agreements, $15,000,000, to remain available until
expended, for Centennial Challenge projects and programs:
Provided, That not less than 50 percent of the total cost of
each project or program shall be derived from non-Federal
sources in the form of donated cash, assets, or a pledge of
donation guaranteed by an irrevocable letter of credit.
administrative provisions
(including transfer of funds)
In addition to other uses set forth in section 101917(c)(2)
of title 54, United States Code, franchise fees credited to a
sub-account shall be available for expenditure by the
Secretary, without further appropriation, for use at any unit
within the National Park System to extinguish or reduce
liability for Possessory Interest or leasehold surrender
interest. Such funds may only be used for this purpose to the
extent that the benefitting unit anticipated franchise fee
receipts over the term of the contract at that unit exceed the
amount of funds used to extinguish or reduce liability.
Franchise fees at the benefitting unit shall be credited to the
sub-account of the originating unit over a period not to exceed
the term of a single contract at the benefitting unit, in the
amount of funds so expended to extinguish or reduce liability.
For the costs of administration of the Land and Water
Conservation Fund grants authorized by section 105(a)(2)(B) of
the Gulf of Mexico Energy Security Act of 2006 (Public Law 109-
432), the National Park Service may retain up to 3 percent of
the amounts which are authorized to be disbursed under such
section, such retained amounts to remain available until
expended.
National Park Service funds may be transferred to the Federal
Highway Administration (FHWA), Department of Transportation,
for purposes authorized under 23 U.S.C. 203. Transfers may
include a reasonable amount for FHWA administrative support
costs.
United States Geological Survey
surveys, investigations, and research
For expenses necessary for the United States Geological
Survey to perform surveys, investigations, and research
covering topography, geology, hydrology, biology, and the
mineral and water resources of the United States, its
territories and possessions, and other areas as authorized by
43 U.S.C. 31, 1332, and 1340; classify lands as to their
mineral and water resources; give engineering supervision to
power permittees and Federal Energy Regulatory Commission
licensees; administer the minerals exploration program (30
U.S.C. 641); conduct inquiries into the economic conditions
affecting mining and materials processing industries (30 U.S.C.
3, 21a, and 1603; 50 U.S.C. 98g(1)) and related purposes as
authorized by law; and to publish and disseminate data relative
to the foregoing activities; $1,270,957,000, to remain
available until September 30, 2021; of which $84,337,000 shall
remain available until expended for satellite operations; and
of which $76,164,000 shall be available until expended for
deferred maintenance and capital improvement projects that
exceed $100,000 in cost: Provided, That none of the funds
provided for the ecosystem research activity shall be used to
conduct new surveys on private property, unless specifically
authorized in writing by the property owner: Provided further,
That no part of this appropriation shall be used to pay more
than one-half the cost of topographic mapping or water
resources data collection and investigations carried on in
cooperation with States and municipalities.
administrative provisions
From within the amount appropriated for activities of the
United States Geological Survey such sums as are necessary
shall be available for contracting for the furnishing of
topographic maps and for the making of geophysical or other
specialized surveys when it is administratively determined that
such procedures are in the public interest; construction and
maintenance of necessary buildings and appurtenant facilities;
acquisition of lands for gauging stations, observation wells,
and seismic equipment; expenses of the United States National
Committee for Geological Sciences; and payment of compensation
and expenses of persons employed by the Survey duly appointed
to represent the United States in the negotiation and
administration of interstate compacts: Provided, That
activities funded by appropriations herein made may be
accomplished through the use of contracts, grants, or
cooperative agreements as defined in section 6302 of title 31,
United States Code: Provided further, That the United States
Geological Survey may enter into contracts or cooperative
agreements directly with individuals or indirectly with
institutions or nonprofit organizations, without regard to 41
U.S.C. 6101, for the temporary or intermittent services of
students or recent graduates, who shall be considered employees
for the purpose of chapters 57 and 81 of title 5, United States
Code, relating to compensation for travel and work injuries,
and chapter 171 of title 28, United States Code, relating to
tort claims, but shall not be considered to be Federal
employees for any other purposes.
Bureau of Ocean Energy Management
ocean energy management
For expenses necessary for granting and administering leases,
easements, rights-of-way and agreements for use for oil and
gas, other minerals, energy, and marine-related purposes on the
Outer Continental Shelf and approving operations related
thereto, as authorized by law; for environmental studies, as
authorized by law; for implementing other laws and to the
extent provided by Presidential or Secretarial delegation; and
for matching grants or cooperative agreements, $191,611,000, of
which $131,611,000 is to remain available until September 30,
2021, and of which $60,000,000 is to remain available until
expended: Provided, That this total appropriation shall be
reduced by amounts collected by the Secretary and credited to
this appropriation from additions to receipts resulting from
increases to lease rental rates in effect on August 5, 1993,
and from cost recovery fees from activities conducted by the
Bureau of Ocean Energy Management pursuant to the Outer
Continental Shelf Lands Act, including studies, assessments,
analysis, and miscellaneous administrative activities:
Provided further, That the sum herein appropriated shall be
reduced as such collections are received during the fiscal
year, so as to result in a final fiscal year 2020 appropriation
estimated at not more than $131,611,000: Provided further,
That not to exceed $3,000 shall be available for reasonable
expenses related to promoting volunteer beach and marine
cleanup activities.
Bureau of Safety and Environmental Enforcement
offshore safety and environmental enforcement
(including rescission of funds)
For expenses necessary for the regulation of operations
related to leases, easements, rights-of-way and agreements for
use for oil and gas, other minerals, energy, and marine-related
purposes on the Outer Continental Shelf, as authorized by law;
for enforcing and implementing laws and regulations as
authorized by law and to the extent provided by Presidential or
Secretarial delegation; and for matching grants or cooperative
agreements, $149,333,000, of which $123,333,000 is to remain
available until September 30, 2021, and of which $26,000,000 is
to remain available until expended: Provided, That this total
appropriation shall be reduced by amounts collected by the
Secretary and credited to this appropriation from additions to
receipts resulting from increases to lease rental rates in
effect on August 5, 1993, and from cost recovery fees from
activities conducted by the Bureau of Safety and Environmental
Enforcement pursuant to the Outer Continental Shelf Lands Act,
including studies, assessments, analysis, and miscellaneous
administrative activities: Provided further, That the sum
herein appropriated shall be reduced as such collections are
received during the fiscal year, so as to result in a final
fiscal year 2020 appropriation estimated at not more than
$123,333,000: Provided further, That of the unobligated
balances from amounts made available under this heading
$4,788,000 is permanently rescinded: Provided further, That no
amounts may be rescinded from amounts that were designated by
the Congress as an emergency requirement pursuant to the
Concurrent Resolution on the Budget or the Balanced Budget and
Emergency Deficit Control Act of 1985.
For an additional amount, $43,479,000, to remain available
until expended, to be reduced by amounts collected by the
Secretary and credited to this appropriation, which shall be
derived from non-refundable inspection fees collected in fiscal
year 2020, as provided in this Act: Provided, That to the
extent that amounts realized from such inspection fees exceed
$43,479,000, the amounts realized in excess of $43,479,000
shall be credited to this appropriation and remain available
until expended: Provided further, That for fiscal year 2020,
not less than 50 percent of the inspection fees expended by the
Bureau of Safety and Environmental Enforcement will be used to
fund personnel and mission-related costs to expand capacity and
expedite the orderly development, subject to environmental
safeguards, of the Outer Continental Shelf pursuant to the
Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.),
including the review of applications for permits to drill.
oil spill research
For necessary expenses to carry out title I, section 1016,
title IV, sections 4202 and 4303, title VII, and title VIII,
section 8201 of the Oil Pollution Act of 1990, $14,899,000,
which shall be derived from the Oil Spill Liability Trust Fund,
to remain available until expended.
Office of Surface Mining Reclamation and Enforcement
regulation and technology
For necessary expenses to carry out the provisions of the
Surface Mining Control and Reclamation Act of 1977, Public Law
95-87, $117,768,000, to remain available until September 30,
2021: Provided, That appropriations for the Office of Surface
Mining Reclamation and Enforcement may provide for the travel
and per diem expenses of State and tribal personnel attending
Office of Surface Mining Reclamation and Enforcement sponsored
training.
In addition, for costs to review, administer, and enforce
permits issued by the Office pursuant to section 507 of Public
Law 95-87 (30 U.S.C. 1257), $40,000, to remain available until
expended: Provided, That fees assessed and collected by the
Office pursuant to such section 507 shall be credited to this
account as discretionary offsetting collections, to remain
available until expended: Provided further, That the sum
herein appropriated from the general fund shall be reduced as
collections are received during the fiscal year, so as to
result in a fiscal year 2020 appropriation estimated at not
more than $117,768,000.
abandoned mine reclamation fund
For necessary expenses to carry out title IV of the Surface
Mining Control and Reclamation Act of 1977, Public Law 95-87,
$24,713,000, to be derived from receipts of the Abandoned Mine
Reclamation Fund and to remain available until expended:
Provided, That pursuant to Public Law 97-365, the Department of
the Interior is authorized to use up to 20 percent from the
recovery of the delinquent debt owed to the United States
Government to pay for contracts to collect these debts:
Provided further, That funds made available under title IV of
Public Law 95-87 may be used for any required non-Federal share
of the cost of projects funded by the Federal Government for
the purpose of environmental restoration related to treatment
or abatement of acid mine drainage from abandoned mines:
Provided further, That such projects must be consistent with
the purposes and priorities of the Surface Mining Control and
Reclamation Act: Provided further, That amounts provided under
this heading may be used for the travel and per diem expenses
of State and tribal personnel attending Office of Surface
Mining Reclamation and Enforcement sponsored training.
In addition, $115,000,000, to remain available until
expended, for grants to States and federally recognized Indian
Tribes for reclamation of abandoned mine lands and other
related activities in accordance with the terms and conditions
described in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated Act):
Provided, That such additional amount shall be used for
economic and community development in conjunction with the
priorities in section 403(a) of the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1233(a)): Provided further,
That of such additional amount, $75,000,000 shall be
distributed in equal amounts to the 3 Appalachian States with
the greatest amount of unfunded needs to meet the priorities
described in paragraphs (1) and (2) of such section,
$30,000,000 shall be distributed in equal amounts to the 3
Appalachian States with the subsequent greatest amount of
unfunded needs to meet such priorities, and $10,000,000 shall
be for grants to federally recognized Indian Tribes without
regard to their status as certified or uncertified under the
Surface Mining Control and Reclamation Act of 1977 (30 U.S.C.
1233(a)), for reclamation of abandoned mine lands and other
related activities in accordance with the terms and conditions
described in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated Act)
and shall be used for economic and community development in
conjunction with the priorities in section 403(a) of the
Surface Mining Control and Reclamation Act of 1977: Provided
further, That such additional amount shall be allocated to
States and Indian Tribes within 60 days after the date of
enactment of this Act.
Indian Affairs
Bureau of Indian Affairs
operation of indian programs
(including transfers of funds)
For expenses necessary for the operation of Indian programs,
as authorized by law, including the Snyder Act of November 2,
1921 (25 U.S.C. 13), the Indian Self-Determination and
Education Assistance Act of 1975 (25 U.S.C. 5301 et seq.),
$1,577,110,000, to remain available until September 30, 2021,
except as otherwise provided herein; of which not to exceed
$8,500 may be for official reception and representation
expenses; of which not to exceed $74,734,000 shall be for
welfare assistance payments: Provided, That in cases of
designated Federal disasters, the Secretary may exceed such cap
for welfare payments from the amounts provided herein, to
provide for disaster relief to Indian communities affected by
the disaster: Provided further, That federally recognized
Indian tribes and tribal organizations of federally recognized
Indian tribes may use their tribal priority allocations for
unmet welfare assistance costs: Provided further, That not to
exceed $57,424,000 shall remain available until expended for
housing improvement, road maintenance, attorney fees,
litigation support, land records improvement, and the Navajo-
Hopi Settlement Program: Provided further, That any forestry
funds allocated to a federally recognized tribe which remain
unobligated as of September 30, 2021, may be transferred during
fiscal year 2022 to an Indian forest land assistance account
established for the benefit of the holder of the funds within
the holder's trust fund account: Provided further, That any
such unobligated balances not so transferred shall expire on
September 30, 2022: Provided further, That in order to enhance
the safety of Bureau field employees, the Bureau may use funds
to purchase uniforms or other identifying articles of clothing
for personnel: Provided further, That the Bureau of Indian
Affairs may accept transfers of funds from United States
Customs and Border Protection to supplement any other funding
available for reconstruction or repair of roads owned by the
Bureau of Indian Affairs as identified on the National Tribal
Transportation Facility Inventory, 23 U.S.C. 202(b)(1).
contract support costs
For payments to tribes and tribal organizations for contract
support costs associated with Indian Self-Determination and
Education Assistance Act agreements with the Bureau of Indian
Affairs and the Bureau of Indian Education for fiscal year
2020, such sums as may be necessary, which shall be available
for obligation through September 30, 2021: Provided, That
notwithstanding any other provision of law, no amounts made
available under this heading shall be available for transfer to
another budget account.
construction
(including transfers and rescission of funds)
For construction, repair, improvement, and maintenance of
irrigation and power systems, buildings, utilities, and other
facilities, including architectural and engineering services by
contract; acquisition of lands, and interests in lands; and
preparation of lands for farming, and for construction of the
Navajo Indian Irrigation Project pursuant to Public Law 87-483;
$128,591,000, to remain available until expended: Provided,
That such amounts as may be available for the construction of
the Navajo Indian Irrigation Project may be transferred to the
Bureau of Reclamation: Provided further, That any funds
provided for the Safety of Dams program pursuant to the Act of
November 2, 1921 (25 U.S.C. 13), shall be made available on a
nonreimbursable basis: Provided further, That this
appropriation may be reimbursed from the Office of the Special
Trustee for American Indians appropriation for the appropriate
share of construction costs for space expansion needed in
agency offices to meet trust reform implementation: Provided
further, That of the funds made available under this heading,
$10,000,000 shall be derived from the Indian Irrigation Fund
established by section 3211 of the WIIN Act (Public Law 114-
322; 130 Stat. 1749).
Of the unobligated balances made available for the
``Construction, Resources Management'' account, $2,000,000 is
permanently rescinded: Provided, That no amounts may be
rescinded from amounts that were designated by the Congress as
an emergency requirement pursuant to the Concurrent Resolution
on the Budget or the Balanced Budget and Emergency Deficit
Control Act of 1985.
indian land and water claim settlements and miscellaneous payments to
indians
For payments and necessary administrative expenses for
implementation of Indian land and water claim settlements
pursuant to Public Laws 99-264, 100-580, 101-618, 111-11, 111-
291, and 114-322, and for implementation of other land and
water rights settlements, $45,644,000, to remain available
until expended.
indian guaranteed loan program account
For the cost of guaranteed loans and insured loans,
$11,779,000, of which $1,590,000 is for administrative
expenses, as authorized by the Indian Financing Act of 1974:
Provided, That such costs, including the cost of modifying such
loans, shall be as defined in section 502 of the Congressional
Budget Act of 1974: Provided further, That these funds are
available to subsidize total loan principal, any part of which
is to be guaranteed or insured, not to exceed $183,476,740.
bureau of indian education
operation of indian education programs
(including transfers of funds)
For expenses necessary for the operation of Indian education
programs, as authorized by law, including the Snyder Act of
November 2, 1921 (25 U.S.C. 13), the Indian Self-Determination
and Education Assistance Act of 1975 (25 U.S.C. 5301 et seq.),
the Education Amendments of 1978 (25 U.S.C. 2001-2019), and the
Tribally Controlled Schools Act of 1988 (25 U.S.C. 2501 et
seq.), $943,077,000, to remain available until September 30,
2021, except as otherwise provided herein: Provided, That
Federally recognized Indian tribes and tribal organizations of
Federally recognized Indian tribes may use their tribal
priority allocations for unmet welfare assistance costs:
Provided further, That not to exceed $702,837,000 for school
operations costs of Bureau-funded schools and other education
programs shall become available on July 1, 2020, and shall
remain available until September 30, 2021: Provided further,
That notwithstanding any other provision of law, including but
not limited to the Indian Self-Determination Act of 1975 (25
U.S.C. 5301 et seq.) and section 1128 of the Education
Amendments of 1978 (25 U.S.C. 2008), not to exceed $83,407,000
within and only from such amounts made available for school
operations shall be available for administrative cost grants
associated with grants approved prior to July 1, 2020:
Provided further, That in order to enhance the safety of Bureau
field employees, the Bureau may use funds to purchase uniforms
or other identifying articles of clothing for personnel.
education construction
For construction, repair, improvement, and maintenance of
buildings, utilities, and other facilities necessary for the
operation of Indian education programs, including architectural
and engineering services by contract; acquisition of lands, and
interests in lands; $248,257,000 to remain available until
expended: Provided, That in order to ensure timely completion
of construction projects, the Secretary may assume control of a
project and all funds related to the project, if, not later
than 18 months after the date of the enactment of this Act, any
Public Law 100-297 (25 U.S.C. 2501, et seq.) grantee receiving
funds appropriated in this Act or in any prior Act, has not
completed the planning and design phase of the project and
commenced construction.
administrative provisions
(including transfers of funds)
The Bureau of Indian Affairs and the Bureau of Indian
Education may carry out the operation of Indian programs by
direct expenditure, contracts, cooperative agreements,
compacts, and grants, either directly or in cooperation with
States and other organizations.
Notwithstanding Public Law 87-279 (25 U.S.C. 15), the Bureau
of Indian Affairs may contract for services in support of the
management, operation, and maintenance of the Power Division of
the San Carlos Irrigation Project.
Notwithstanding any other provision of law, no funds
available to the Bureau of Indian Affairs or the Bureau of
Indian Education for central office oversight and Executive
Direction and Administrative Services (except executive
direction and administrative services funding for Tribal
Priority Allocations, regional offices, and facilities
operations and maintenance) shall be available for contracts,
grants, compacts, or cooperative agreements with the Bureau of
Indian Affairs or the Bureau of Indian Education under the
provisions of the Indian Self-Determination Act or the Tribal
Self-Governance Act of 1994 (Public Law 103-413).
In the event any tribe returns appropriations made available
by this Act to the Bureau of Indian Affairs or the Bureau of
Indian Education, this action shall not diminish the Federal
Government's trust responsibility to that tribe, or the
government-to-government relationship between the United States
and that tribe, or that tribe's ability to access future
appropriations.
Notwithstanding any other provision of law, no funds
available to the Bureau of Indian Education, other than the
amounts provided herein for assistance to public schools under
25 U.S.C. 452 et seq., shall be available to support the
operation of any elementary or secondary school in the State of
Alaska.
No funds available to the Bureau of Indian Education shall be
used to support expanded grades for any school or dormitory
beyond the grade structure in place or approved by the
Secretary of the Interior at each school in the Bureau of
Indian Education school system as of October 1, 1995, except
that the Secretary of the Interior may waive this prohibition
to support expansion of up to one additional grade when the
Secretary determines such waiver is needed to support
accomplishment of the mission of the Bureau of Indian
Education, or more than one grade to expand the elementary
grade structure for Bureau-funded schools with a K-2 grade
structure on October 1, 1996. Appropriations made available in
this or any prior Act for schools funded by the Bureau shall be
available, in accordance with the Bureau's funding formula,
only to the schools in the Bureau school system as of September
1, 1996, and to any school or school program that was
reinstated in fiscal year 2012. Funds made available under this
Act may not be used to establish a charter school at a Bureau-
funded school (as that term is defined in section 1141 of the
Education Amendments of 1978 (25 U.S.C. 2021)), except that a
charter school that is in existence on the date of the
enactment of this Act and that has operated at a Bureau-funded
school before September 1, 1999, may continue to operate during
that period, but only if the charter school pays to the Bureau
a pro rata share of funds to reimburse the Bureau for the use
of the real and personal property (including buses and vans),
the funds of the charter school are kept separate and apart
from Bureau funds, and the Bureau does not assume any
obligation for charter school programs of the State in which
the school is located if the charter school loses such funding.
Employees of Bureau-funded schools sharing a campus with a
charter school and performing functions related to the charter
school's operation and employees of a charter school shall not
be treated as Federal employees for purposes of chapter 171 of
title 28, United States Code.
Notwithstanding any other provision of law, including section
113 of title I of appendix C of Public Law 106-113, if in
fiscal year 2003 or 2004 a grantee received indirect and
administrative costs pursuant to a distribution formula based
on section 5(f) of Public Law 101-301, the Secretary shall
continue to distribute indirect and administrative cost funds
to such grantee using the section 5(f) distribution formula.
Funds available under this Act may not be used to establish
satellite locations of schools in the Bureau school system as
of September 1, 1996, except that the Secretary may waive this
prohibition in order for an Indian tribe to provide language
and cultural immersion educational programs for non-public
schools located within the jurisdictional area of the tribal
government which exclusively serve tribal members, do not
include grades beyond those currently served at the existing
Bureau-funded school, provide an educational environment with
educator presence and academic facilities comparable to the
Bureau-funded school, comply with all applicable Tribal,
Federal, or State health and safety standards, and the
Americans with Disabilities Act, and demonstrate the benefits
of establishing operations at a satellite location in lieu of
incurring extraordinary costs, such as for transportation or
other impacts to students such as those caused by busing
students extended distances: Provided, That no funds available
under this Act may be used to fund operations, maintenance,
rehabilitation, construction or other facilities-related costs
for such assets that are not owned by the Bureau: Provided
further, That the term ``satellite school'' means a school
location physically separated from the existing Bureau school
by more than 50 miles but that forms part of the existing
school in all other respects.
Funds made available for Tribal Priority Allocations within
Operation of Indian Programs and Operation of Indian Education
Programs may be used to execute requested adjustments in tribal
priority allocations initiated by an Indian Tribe.
Departmental Offices
Office of the Secretary
departmental operations
(including transfer of funds)
For necessary expenses for management of the Department of
the Interior and for grants and cooperative agreements, as
authorized by law, $131,832,000, to remain available until
September 30, 2021; of which no less than $1,000,000 shall be
for the hiring of additional personnel to assist the Department
with its compliance responsibilities under 5 U.S.C. 552; of
which not to exceed $15,000 may be for official reception and
representation expenses; and of which up to $1,000,000 shall be
available for workers compensation payments and unemployment
compensation payments associated with the orderly closure of
the United States Bureau of Mines; and of which $10,000,000 for
the Appraisal and Valuation Services Office is to be derived
from the Land and Water Conservation Fund and shall remain
available until expended; and of which $11,061,000 for Indian
land, mineral, and resource valuation activities shall remain
available until expended: Provided, That funds for Indian
land, mineral, and resource valuation activities may, as
needed, be transferred to and merged with the Bureau of Indian
Affairs ``Operation of Indian Programs'' and Bureau of Indian
Education ``Operation of Indian Education Programs'' accounts
and the Office of the Special Trustee for American Indians
``Federal Trust Programs'' account: Provided further, That
funds made available through contracts or grants obligated
during fiscal year 2020, as authorized by the Indian Self-
Determination Act of 1975 (25 U.S.C. 5301 et seq.), shall
remain available until expended by the contractor or grantee.
administrative provisions
For fiscal year 2020, up to $400,000 of the payments
authorized by chapter 69 of title 31, United States Code, may
be retained for administrative expenses of the Payments in Lieu
of Taxes Program: Provided, That the amounts provided under
this Act specifically for the Payments in Lieu of Taxes program
are the only amounts available for payments authorized under
chapter 69 of title 31, United States Code: Provided further,
That in the event the sums appropriated for any fiscal year for
payments pursuant to this chapter are insufficient to make the
full payments authorized by that chapter to all units of local
government, then the payment to each local government shall be
made proportionally: Provided further, That the Secretary may
make adjustments to payment to individual units of local
government to correct for prior overpayments or underpayments:
Provided further, That no payment shall be made pursuant to
that chapter to otherwise eligible units of local government if
the computed amount of the payment is less than $100.
Insular Affairs
assistance to territories
For expenses necessary for assistance to territories under
the jurisdiction of the Department of the Interior and other
jurisdictions identified in section 104(e) of Public Law 108-
188, $102,881,000, of which: (1) $93,390,000 shall remain
available until expended for territorial assistance, including
general technical assistance, maintenance assistance, disaster
assistance, coral reef initiative and natural resources
activities, and brown tree snake control and research; grants
to the judiciary in American Samoa for compensation and
expenses, as authorized by law (48 U.S.C. 1661(c)); grants to
the Government of American Samoa, in addition to current local
revenues, for construction and support of governmental
functions; grants to the Government of the Virgin Islands, as
authorized by law; grants to the Government of Guam, as
authorized by law; and grants to the Government of the Northern
Mariana Islands, as authorized by law (Public Law 94-241; 90
Stat. 272); and (2) $9,491,000 shall be available until
September 30, 2021, for salaries and expenses of the Office of
Insular Affairs: Provided, That all financial transactions of
the territorial and local governments herein provided for,
including such transactions of all agencies or
instrumentalities established or used by such governments, may
be audited by the Government Accountability Office, at its
discretion, in accordance with chapter 35 of title 31, United
States Code: Provided further, That Northern Mariana Islands
Covenant grant funding shall be provided according to those
terms of the Agreement of the Special Representatives on Future
United States Financial Assistance for the Northern Mariana
Islands approved by Public Law 104-134: Provided further, That
the funds for the program of operations and maintenance
improvement are appropriated to institutionalize routine
operations and maintenance improvement of capital
infrastructure with territorial participation and cost sharing
to be determined by the Secretary based on the grantee's
commitment to timely maintenance of its capital assets:
Provided further, That any appropriation for disaster
assistance under this heading in this Act or previous
appropriations Acts may be used as non-Federal matching funds
for the purpose of hazard mitigation grants provided pursuant
to section 404 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170c).
compact of free association
For grants and necessary expenses, $8,463,000, to remain
available until expended, as provided for in sections 221(a)(2)
and 233 of the Compact of Free Association for the Republic of
Palau; and section 221(a)(2) of the Compacts of Free
Association for the Government of the Republic of the Marshall
Islands and the Federated States of Micronesia, as authorized
by Public Law 99-658 and Public Law 108-188: Provided, That of
the funds appropriated under this heading, $5,000,000 is for
deposit into the Compact Trust Fund of the Republic of the
Marshall Islands as compensation authorized by Public Law 108-
188 for adverse financial and economic impacts.
Administrative Provisions
(including transfer of funds)
At the request of the Governor of Guam, the Secretary may
transfer discretionary funds or mandatory funds provided under
section 104(e) of Public Law 108-188 and Public Law 104-134,
that are allocated for Guam, to the Secretary of Agriculture
for the subsidy cost of direct or guaranteed loans, plus not to
exceed three percent of the amount of the subsidy transferred
for the cost of loan administration, for the purposes
authorized by the Rural Electrification Act of 1936 and section
306(a)(1) of the Consolidated Farm and Rural Development Act
for construction and repair projects in Guam, and such funds
shall remain available until expended: Provided, That such
costs, including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974:
Provided further, That such loans or loan guarantees may be
made without regard to the population of the area, credit
elsewhere requirements, and restrictions on the types of
eligible entities under the Rural Electrification Act of 1936
and section 306(a)(1) of the Consolidated Farm and Rural
Development Act: Provided further, That any funds transferred
to the Secretary of Agriculture shall be in addition to funds
otherwise made available to make or guarantee loans under such
authorities.
Office of the Solicitor
salaries and expenses
For necessary expenses of the Office of the Solicitor,
$66,816,000.
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General,
$55,986,000, to remain available until September 30, 2021.
Office of the Special Trustee for American Indians
federal trust programs
(including transfer and rescission of funds)
For the operation of trust programs for Indians by direct
expenditure, contracts, cooperative agreements, compacts, and
grants, $111,540,000, to remain available until expended, of
which not to exceed $19,016,000 from this or any other Act, may
be available for historical accounting: Provided, That funds
for trust management improvements and litigation support may,
as needed, be transferred to or merged with the Bureau of
Indian Affairs, ``Operation of Indian Programs'' and Bureau of
Indian Education, ``Operation of Indian Education Programs''
accounts; the Office of the Solicitor, ``Salaries and
Expenses'' account; and the Office of the Secretary,
``Departmental Operations'' account: Provided further, That
funds made available through contracts or grants obligated
during fiscal year 2020, as authorized by the Indian Self-
Determination Act of 1975 (25 U.S.C. 5301 et seq.), shall
remain available until expended by the contractor or grantee:
Provided further, That notwithstanding any other provision of
law, the Secretary shall not be required to provide a quarterly
statement of performance for any Indian trust account that has
not had activity for at least 15 months and has a balance of
$15 or less: Provided further, That the Secretary shall issue
an annual account statement and maintain a record of any such
accounts and shall permit the balance in each such account to
be withdrawn upon the express written request of the account
holder: Provided further, That not to exceed $50,000 is
available for the Secretary to make payments to correct
administrative errors of either disbursements from or deposits
to Individual Indian Money or Tribal accounts after September
30, 2002: Provided further, That erroneous payments that are
recovered shall be credited to and remain available in this
account for this purpose: Provided further, That the Secretary
shall not be required to reconcile Special Deposit Accounts
with a balance of less than $500 unless the Office of the
Special Trustee receives proof of ownership from a Special
Deposit Accounts claimant: Provided further, That
notwithstanding section 102 of the American Indian Trust Fund
Management Reform Act of 1994 (Public Law 103-412) or any other
provision of law, the Secretary may aggregate the trust
accounts of individuals whose whereabouts are unknown for a
continuous period of at least five years and shall not be
required to generate periodic statements of performance for the
individual accounts: Provided further, That with respect to
the eighth proviso, the Secretary shall continue to maintain
sufficient records to determine the balance of the individual
accounts, including any accrued interest and income, and such
funds shall remain available to the individual account holders.
Of the unobligated balances from amounts made available for
the Office of the Special Trustee for American Indians,
$3,000,000 is permanently rescinded: Provided, That no amounts
may be rescinded from amounts that were designated by the
Congress as an emergency requirement pursuant to the Concurrent
Resolution on the Budget or the Balanced Budget and Emergency
Deficit Control Act of 1985.
Department-Wide Programs
wildland fire management
(including transfers of funds)
For necessary expenses for fire preparedness, fire
suppression operations, fire science and research, emergency
rehabilitation, fuels management activities, and rural fire
assistance by the Department of the Interior, $952,338,000, to
remain available until expended, of which not to exceed
$18,427,000 shall be for the renovation or construction of fire
facilities: Provided, That such funds are also available for
repayment of advances to other appropriation accounts from
which funds were previously transferred for such purposes:
Provided further, That of the funds provided $194,000,000 is
for fuels management activities: Provided further, That of the
funds provided $20,470,000 is for burned area rehabilitation:
Provided further, That persons hired pursuant to 43 U.S.C. 1469
may be furnished subsistence and lodging without cost from
funds available from this appropriation: Provided further,
That notwithstanding 42 U.S.C. 1856d, sums received by a bureau
or office of the Department of the Interior for fire protection
rendered pursuant to 42 U.S.C. 1856 et seq., protection of
United States property, may be credited to the appropriation
from which funds were expended to provide that protection, and
are available without fiscal year limitation: Provided
further, That using the amounts designated under this title of
this Act, the Secretary of the Interior may enter into
procurement contracts, grants, or cooperative agreements, for
fuels management activities, and for training and monitoring
associated with such fuels management activities on Federal
land, or on adjacent non-Federal land for activities that
benefit resources on Federal land: Provided further, That the
costs of implementing any cooperative agreement between the
Federal Government and any non-Federal entity may be shared, as
mutually agreed on by the affected parties: Provided further,
That notwithstanding requirements of the Competition in
Contracting Act, the Secretary, for purposes of fuels
management activities, may obtain maximum practicable
competition among: (1) local private, nonprofit, or cooperative
entities; (2) Youth Conservation Corps crews, Public Lands
Corps (Public Law 109-154), or related partnerships with State,
local, or nonprofit youth groups; (3) small or micro-
businesses; or (4) other entities that will hire or train
locally a significant percentage, defined as 50 percent or
more, of the project workforce to complete such contracts:
Provided further, That in implementing this section, the
Secretary shall develop written guidance to field units to
ensure accountability and consistent application of the
authorities provided herein: Provided further, That funds
appropriated under this heading may be used to reimburse the
United States Fish and Wildlife Service and the National Marine
Fisheries Service for the costs of carrying out their
responsibilities under the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.) to consult and conference, as required by
section 7 of such Act, in connection with wildland fire
management activities: Provided further, That the Secretary of
the Interior may use wildland fire appropriations to enter into
leases of real property with local governments, at or below
fair market value, to construct capitalized improvements for
fire facilities on such leased properties, including but not
limited to fire guard stations, retardant stations, and other
initial attack and fire support facilities, and to make advance
payments for any such lease or for construction activity
associated with the lease: Provided further, That the
Secretary of the Interior and the Secretary of Agriculture may
authorize the transfer of funds appropriated for wildland fire
management, in an aggregate amount not to exceed $50,000,000
between the Departments when such transfers would facilitate
and expedite wildland fire management programs and projects:
Provided further, That funds provided for wildfire suppression
shall be available for support of Federal emergency response
actions: Provided further, That funds appropriated under this
heading shall be available for assistance to or through the
Department of State in connection with forest and rangeland
research, technical information, and assistance in foreign
countries, and, with the concurrence of the Secretary of State,
shall be available to support forestry, wildland fire
management, and related natural resource activities outside the
United States and its territories and possessions, including
technical assistance, education and training, and cooperation
with United States and international organizations: Provided
further, That of the funds provided under this heading
$383,657,000 is provided to meet the terms of section
251(b)(2)(F)(ii)(I) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
wildfire suppression operations reserve fund
(including transfers of funds)
In addition to the amounts provided under the heading
``Department of the Interior--Department-Wide Programs--
Wildland Fire Management'' for wildfire suppression operations,
$300,000,000, to remain available until transferred, is
additional new budget authority as specified for purposes of
section 251(b)(2)(F) of the Balanced Budget and Emergency
Deficit Control Act of 1985: Provided, That such amounts may
be transferred to and merged with amounts made available under
the headings ``Department of Agriculture--Forest Service--
Wildland Fire Management'' and ``Department of the Interior--
Department-Wide Programs--Wildland Fire Management'' for
wildfire suppression operations in the fiscal year in which
such amounts are transferred: Provided further, That amounts
may be transferred to the ``Wildland Fire Management'' accounts
in the Department of Agriculture or the Department of the
Interior only upon the notification of the House and Senate
Committees on Appropriations that all wildfire suppression
operations funds appropriated under that heading in this and
prior appropriations Acts to the agency to which the funds will
be transferred will be obligated within 30 days: Provided
further, That the transfer authority provided under this
heading is in addition to any other transfer authority provided
by law.
central hazardous materials fund
For necessary expenses of the Department of the Interior and
any of its component offices and bureaus for the response
action, including associated activities, performed pursuant to
the Comprehensive Environmental Response, Compensation, and
Liability Act (42 U.S.C. 9601 et seq.), $10,010,000, to remain
available until expended.
For an additional amount for a competitive grant program to
fund radium decontamination and remediation at any land-grant
university that has been subjected to such contamination as a
result of actions of the former United States Bureau of Mines,
$12,000,000.
Natural Resource Damage Assessment and Restoration
natural resource damage assessment fund
To conduct natural resource damage assessment, restoration
activities, and onshore oil spill preparedness by the
Department of the Interior necessary to carry out the
provisions of the Comprehensive Environmental Response,
Compensation, and Liability Act (42 U.S.C. 9601 et seq.), the
Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.),
the Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.), and 54
U.S.C. 100721 et seq., $7,767,000, to remain available until
expended.
working capital fund
For the operation and maintenance of a departmental financial
and business management system, information technology
improvements of general benefit to the Department,
cybersecurity, and the consolidation of facilities and
operations throughout the Department, $55,735,000, to remain
available until expended: Provided, That none of the funds
appropriated in this Act or any other Act may be used to
establish reserves in the Working Capital Fund account other
than for accrued annual leave and depreciation of equipment
without prior approval of the Committees on Appropriations of
the House of Representatives and the Senate: Provided further,
That the Secretary may assess reasonable charges to State,
local and tribal government employees for training services
provided by the National Indian Program Training Center, other
than training related to Public Law 93-638: Provided further,
That the Secretary may lease or otherwise provide space and
related facilities, equipment or professional services of the
National Indian Program Training Center to State, local and
tribal government employees or persons or organizations engaged
in cultural, educational, or recreational activities (as
defined in section 3306(a) of title 40, United States Code) at
the prevailing rate for similar space, facilities, equipment,
or services in the vicinity of the National Indian Program
Training Center: Provided further, That all funds received
pursuant to the two preceding provisos shall be credited to
this account, shall be available until expended, and shall be
used by the Secretary for necessary expenses of the National
Indian Program Training Center: Provided further, That the
Secretary may enter into grants and cooperative agreements to
support the Office of Natural Resource Revenue's collection and
disbursement of royalties, fees, and other mineral revenue
proceeds, as authorized by law.
administrative provision
There is hereby authorized for acquisition from available
resources within the Working Capital Fund, aircraft which may
be obtained by donation, purchase or through available excess
surplus property: Provided, That existing aircraft being
replaced may be sold, with proceeds derived or trade-in value
used to offset the purchase price for the replacement aircraft.
office of natural resources revenue
For necessary expenses for management of the collection and
disbursement of royalties, fees, and other mineral revenue
proceeds, and for grants and cooperative agreements, as
authorized by law, $147,330,000, to remain available until
September 30, 2021; of which $50,651,000 shall remain available
until expended for the purpose of mineral revenue management
activities: Provided, That notwithstanding any other provision
of law, $15,000 shall be available for refunds of overpayments
in connection with certain Indian leases in which the Secretary
concurred with the claimed refund due, to pay amounts owed to
Indian allottees or tribes, or to correct prior unrecoverable
erroneous payments.
General Provisions, Department of the Interior
(including transfers of funds)
emergency transfer authority--intra-bureau
Sec. 101. Appropriations made in this title shall be
available for expenditure or transfer (within each bureau or
office), with the approval of the Secretary, for the emergency
reconstruction, replacement, or repair of aircraft, buildings,
utilities, or other facilities or equipment damaged or
destroyed by fire, flood, storm, or other unavoidable causes:
Provided, That no funds shall be made available under this
authority until funds specifically made available to the
Department of the Interior for emergencies shall have been
exhausted: Provided further, That all funds used pursuant to
this section must be replenished by a supplemental
appropriation, which must be requested as promptly as possible.
emergency transfer authority--department-wide
Sec. 102. The Secretary may authorize the expenditure or
transfer of any no year appropriation in this title, in
addition to the amounts included in the budget programs of the
several agencies, for the suppression or emergency prevention
of wildland fires on or threatening lands under the
jurisdiction of the Department of the Interior; for the
emergency rehabilitation of burned-over lands under its
jurisdiction; for emergency actions related to potential or
actual earthquakes, floods, volcanoes, storms, or other
unavoidable causes; for contingency planning subsequent to
actual oil spills; for response and natural resource damage
assessment activities related to actual oil spills or releases
of hazardous substances into the environment; for the
prevention, suppression, and control of actual or potential
grasshopper and Mormon cricket outbreaks on lands under the
jurisdiction of the Secretary, pursuant to the authority in
section 417(b) of Public Law 106-224 (7 U.S.C. 7717(b)); for
emergency reclamation projects under section 410 of Public Law
95-87; and shall transfer, from any no year funds available to
the Office of Surface Mining Reclamation and Enforcement, such
funds as may be necessary to permit assumption of regulatory
authority in the event a primacy State is not carrying out the
regulatory provisions of the Surface Mining Act: Provided,
That appropriations made in this title for wildland fire
operations shall be available for the payment of obligations
incurred during the preceding fiscal year, and for
reimbursement to other Federal agencies for destruction of
vehicles, aircraft, or other equipment in connection with their
use for wildland fire operations, with such reimbursement to be
credited to appropriations currently available at the time of
receipt thereof: Provided further, That for wildland fire
operations, no funds shall be made available under this
authority until the Secretary determines that funds
appropriated for ``wildland fire suppression'' shall be
exhausted within 30 days: Provided further, That all funds
used pursuant to this section must be replenished by a
supplemental appropriation, which must be requested as promptly
as possible: Provided further, That such replenishment funds
shall be used to reimburse, on a pro rata basis, accounts from
which emergency funds were transferred.
authorized use of funds
Sec. 103. Appropriations made to the Department of the
Interior in this title shall be available for services as
authorized by section 3109 of title 5, United States Code, when
authorized by the Secretary, in total amount not to exceed
$500,000; purchase and replacement of motor vehicles, including
specially equipped law enforcement vehicles; hire, maintenance,
and operation of aircraft; hire of passenger motor vehicles;
purchase of reprints; payment for telephone service in private
residences in the field, when authorized under regulations
approved by the Secretary; and the payment of dues, when
authorized by the Secretary, for library membership in
societies or associations which issue publications to members
only or at a price to members lower than to subscribers who are
not members.
authorized use of funds, indian trust management
Sec. 104. Appropriations made in this Act under the headings
Bureau of Indian Affairs and Bureau of Indian Education, and
Office of the Special Trustee for American Indians and any
unobligated balances from prior appropriations Acts made under
the same headings shall be available for expenditure or
transfer for Indian trust management and reform activities.
Total funding for historical accounting activities shall not
exceed amounts specifically designated in this Act for such
purpose. The Secretary shall notify the House and Senate
Committees on Appropriations within 60 days of the expenditure
or transfer of any funds under this section, including the
amount expended or transferred and how the funds will be used.
redistribution of funds, bureau of indian affairs
Sec. 105. Notwithstanding any other provision of law, the
Secretary of the Interior is authorized to redistribute any
Tribal Priority Allocation funds, including tribal base funds,
to alleviate tribal funding inequities by transferring funds to
address identified, unmet needs, dual enrollment, overlapping
service areas or inaccurate distribution methodologies. No
tribe shall receive a reduction in Tribal Priority Allocation
funds of more than 10 percent in fiscal year 2020. Under
circumstances of dual enrollment, overlapping service areas or
inaccurate distribution methodologies, the 10 percent
limitation does not apply.
ellis, governors, and liberty islands
Sec. 106. Notwithstanding any other provision of law, the
Secretary of the Interior is authorized to acquire lands,
waters, or interests therein including the use of all or part
of any pier, dock, or landing within the State of New York and
the State of New Jersey, for the purpose of operating and
maintaining facilities in the support of transportation and
accommodation of visitors to Ellis, Governors, and Liberty
Islands, and of other program and administrative activities, by
donation or with appropriated funds, including franchise fees
(and other monetary consideration), or by exchange; and the
Secretary is authorized to negotiate and enter into leases,
subleases, concession contracts or other agreements for the use
of such facilities on such terms and conditions as the
Secretary may determine reasonable.
outer continental shelf inspection fees
Sec. 107. (a) In fiscal year 2020, the Secretary shall
collect a nonrefundable inspection fee, which shall be
deposited in the ``Offshore Safety and Environmental
Enforcement'' account, from the designated operator for
facilities subject to inspection under 43 U.S.C. 1348(c).
(b) Annual fees shall be collected for facilities that are
above the waterline, excluding drilling rigs, and are in place
at the start of the fiscal year. Fees for fiscal year 2020
shall be--
(1) $10,500 for facilities with no wells, but with
processing equipment or gathering lines;
(2) $17,000 for facilities with 1 to 10 wells, with
any combination of active or inactive wells; and
(3) $31,500 for facilities with more than 10 wells,
with any combination of active or inactive wells.
(c) Fees for drilling rigs shall be assessed for all
inspections completed in fiscal year 2020. Fees for fiscal year
2020 shall be--
(1) $30,500 per inspection for rigs operating in
water depths of 500 feet or more; and
(2) $16,700 per inspection for rigs operating in
water depths of less than 500 feet.
(d) Fees for inspection of well operations conducted via non-
rig units as outlined in title 30 CFR 250 subparts D, E, F, and
Q shall be assessed for all inspections completed in fiscal
year 2020. Fees for fiscal year 2020 shall be--
(1) $13,260 per inspection for non-rig units
operating in water depths of 2,500 feet or more;
(2) $11,530 per inspection for non-rig units
operating in water depths between 500 and 2,499 feet;
and
(3) $4,470 per inspection for non-rig units operating
in water depths of less than 500 feet.
(e) The Secretary shall bill designated operators under
subsection (b) quarterly, with payment required within 30 days
of billing. The Secretary shall bill designated operators under
subsection (c) within 30 days of the end of the month in which
the inspection occurred, with payment required within 30 days
of billing. The Secretary shall bill designated operators under
subsection (d) with payment required by the end of the
following quarter.
contracts and agreements for wild horse and burro holding facilities
Sec. 108. Notwithstanding any other provision of this Act,
the Secretary of the Interior may enter into multiyear
cooperative agreements with nonprofit organizations and other
appropriate entities, and may enter into multiyear contracts in
accordance with the provisions of section 3903 of title 41,
United States Code (except that the 5-year term restriction in
subsection (a) shall not apply), for the long-term care and
maintenance of excess wild free roaming horses and burros by
such organizations or entities on private land. Such
cooperative agreements and contracts may not exceed 10 years,
subject to renewal at the discretion of the Secretary.
mass marking of salmonids
Sec. 109. The United States Fish and Wildlife Service shall,
in carrying out its responsibilities to protect threatened and
endangered species of salmon, implement a system of mass
marking of salmonid stocks, intended for harvest, that are
released from federally operated or federally financed
hatcheries including but not limited to fish releases of coho,
chinook, and steelhead species. Marked fish must have a visible
mark that can be readily identified by commercial and
recreational fishers.
contracts and agreements with indian affairs
Sec. 110. Notwithstanding any other provision of law, during
fiscal year 2020, in carrying out work involving cooperation
with State, local, and tribal governments or any political
subdivision thereof, Indian Affairs may record obligations
against accounts receivable from any such entities, except that
total obligations at the end of the fiscal year shall not
exceed total budgetary resources available at the end of the
fiscal year.
department of the interior experienced services program
Sec. 111. (a) Notwithstanding any other provision of law
relating to Federal grants and cooperative agreements, the
Secretary of the Interior is authorized to make grants to, or
enter into cooperative agreements with, private nonprofit
organizations designated by the Secretary of Labor under title
V of the Older Americans Act of 1965 to utilize the talents of
older Americans in programs authorized by other provisions of
law administered by the Secretary and consistent with such
provisions of law.
(b) Prior to awarding any grant or agreement under subsection
(a), the Secretary shall ensure that the agreement would not--
(1) result in the displacement of individuals
currently employed by the Department, including partial
displacement through reduction of non-overtime hours,
wages, or employment benefits;
(2) result in the use of an individual under the
Department of the Interior Experienced Services Program
for a job or function in a case in which a Federal
employee is in a layoff status from the same or
substantially equivalent job within the Department; or
(3) affect existing contracts for services.
obligation of funds
Sec. 112. Amounts appropriated by this Act to the Department
of the Interior shall be available for obligation and
expenditure not later than 60 days after the date of enactment
of this Act.
extension of authorities
Sec. 113. (a) Section 512 of title V of division J of Public
Law 108-447 is amended by striking ``on the date that is 15
years after the date that funds are first made available for
this title.'' and inserting ``after September 30, 2022.''.
(b) Section 608 of title VI of division J of Public Law 108-
447 is amended by striking ``the expiration of the 15-year
period beginning on the date that funds are first made
available for this title.'' and inserting ``September 30,
2022.''.
(c) Section 109 of title I of Public Law 103-449, as amended
by Public Law 111-11, title VIII section 8201(c), is further
amended by striking ``$15,000,000'' and inserting
``$17,000,000''.
(d) Section 608(a) of division II of Public Law 104-333, as
amended by Public Law 110-229 section 461, is further amended
by striking ``$15,000,000'' and inserting ``$17,000,000''.
(e) Section 810(a)(1) of title VIII of division B of appendix
D of Public Law 106-554, as amended by Public Law 115-31,
division G, title I section 115(b), is further amended by
striking ``$12,000,000'' and inserting ``$14,000,000''.
separation of accounts
Sec. 114. The Secretary of the Interior, in order to
implement an orderly transition to separate accounts of the
Bureau of Indian Affairs and the Bureau of Indian Education,
may transfer funds among and between the successor offices and
bureaus affected by the reorganization only in conformance with
the reprogramming guidelines described in this Act.
payments in lieu of taxes (pilt)
Sec. 115. Section 6906 of title 31, United States Code,
shall be applied by substituting ``fiscal year 2020'' for
``fiscal year 2019''.
sage-grouse
Sec. 116. None of the funds made available by this or any
other Act may be used by the Secretary of the Interior to write
or issue pursuant to section 4 of the Endangered Species Act of
1973 (16 U.S.C. 1533)--
(1) a proposed rule for greater sage-grouse
(Centrocercus urophasianus);
(2) a proposed rule for the Columbia basin distinct
population segment of greater sage-grouse.
disclosure of departure or alternate procedure approval
Sec. 117. (a) Subject to subsection (b), beginning no later
than 180 days after the enactment of this Act, in any case in
which the Bureau of Safety and Environmental Enforcement or the
Bureau of Ocean Energy Management prescribes or approves any
departure or use of alternate procedure or equipment, in
regards to a plan or permit, under 30 C.F.R. Sec. 585.103, 30
C.F.R. Sec. 550.141; 30 C.F.R. Sec. 550.142; 30 C.F.R. Sec.
250.141, or 30 C.F.R. Sec. 250.142, the head of such bureau
shall post a description of such departure or alternate
procedure or equipment use approval on such bureau's publicly
available website not more than 15 business days after such
issuance.
(b) The head of each bureau may exclude confidential business
information.
TITLE II
ENVIRONMENTAL PROTECTION AGENCY
Science and Technology
For science and technology, including research and
development activities, which shall include research and
development activities under the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980; necessary
expenses for personnel and related costs and travel expenses;
procurement of laboratory equipment and supplies; and other
operating expenses in support of research and development,
$716,449,000, to remain available until September 30, 2021:
Provided, That of the funds included under this heading,
$6,000,000 shall be for Research: National Priorities as
specified in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated Act).
Environmental Programs and Management
For environmental programs and management, including
necessary expenses, not otherwise provided for, for personnel
and related costs and travel expenses; hire of passenger motor
vehicles; hire, maintenance, and operation of aircraft;
purchase of reprints; library memberships in societies or
associations which issue publications to members only or at a
price to members lower than to subscribers who are not members;
administrative costs of the brownfields program under the Small
Business Liability Relief and Brownfields Revitalization Act of
2002; implementation of a coal combustion residual permit
program under section 2301 of the Water and Waste Act of 2016;
and not to exceed $31,000 for official reception and
representation expenses, $2,663,356,000, to remain available
until September 30, 2021: Provided, That of the funds included
under this heading, $17,700,000 shall be for Environmental
Protection: National Priorities as specified in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act): Provided further, That
of the funds included under this heading, $510,276,000 shall be
for Geographic Programs specified in the explanatory statement
described in section 4 (in the matter preceding division A of
this consolidated Act).
In addition, $5,000,000 to remain available until expended,
for necessary expenses of activities described in section
26(b)(1) of the Toxic Substances Control Act (15 U.S.C.
2625(b)(1)): Provided, That fees collected pursuant to that
section of that Act and deposited in the ``TSCA Service Fee
Fund'' as discretionary offsetting receipts in fiscal year 2020
shall be retained and used for necessary salaries and expenses
in this appropriation and shall remain available until
expended: Provided further, That the sum herein appropriated
in this paragraph from the general fund for fiscal year 2020
shall be reduced by the amount of discretionary offsetting
receipts received during fiscal year 2020, so as to result in a
final fiscal year 2020 appropriation from the general fund
estimated at not more than $0: Provided further, That to the
extent that amounts realized from such receipts exceed
$5,000,000, those amount in excess of $5,000,000 shall be
deposited in the ``TSCA Service Fee Fund'' as discretionary
offsetting receipts in fiscal year 2020, shall be retained and
used for necessary salaries and expenses in this account, and
shall remain available until expended: Provided further, That
of the funds included in the first paragraph under this
heading, the Chemical Risk Review and Reduction program project
shall be allocated for this fiscal year, excluding the amount
of any fees appropriated, not less than the amount of
appropriations for that program project for fiscal year 2014.
Hazardous Waste Electronic Manifest System Fund
For necessary expenses to carry out section 3024 of the Solid
Waste Disposal Act (42 U.S.C. 6939g), including the
development, operation, maintenance, and upgrading of the
hazardous waste electronic manifest system established by such
section, $8,000,000, to remain available until expended:
Provided, That the sum herein appropriated from the general
fund shall be reduced as offsetting collections under such
section 3024 are received during fiscal year 2020, which shall
remain available until expended and be used for necessary
expenses in this appropriation, so as to result in a final
fiscal year 2020 appropriation from the general fund estimated
at not more than $0: Provided further, That to the extent such
offsetting collections received in fiscal year 2020 exceed
$8,000,000, those excess amounts shall remain available until
expended and be used for necessary expenses in this
appropriation.
Office of Inspector General
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of
1978, $41,489,000, to remain available until September 30,
2021.
Buildings and Facilities
For construction, repair, improvement, extension, alteration,
and purchase of fixed equipment or facilities of, or for use
by, the Environmental Protection Agency, $33,598,000, to remain
available until expended.
Hazardous Substance Superfund
(including transfers of funds)
For necessary expenses to carry out the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(CERCLA), including sections 111(c)(3), (c)(5), (c)(6), and
(e)(4) (42 U.S.C. 9611), and hire, maintenance, and operation
of aircraft, $1,184,755,000, to remain available until
expended, consisting of such sums as are available in the Trust
Fund on September 30, 2019, as authorized by section 517(a) of
the Superfund Amendments and Reauthorization Act of 1986 (SARA)
and up to $1,184,755,000 as a payment from general revenues to
the Hazardous Substance Superfund for purposes as authorized by
section 517(b) of SARA: Provided, That funds appropriated
under this heading may be allocated to other Federal agencies
in accordance with section 111(a) of CERCLA: Provided further,
That of the funds appropriated under this heading, $11,586,000
shall be paid to the ``Office of Inspector General''
appropriation to remain available until September 30, 2021, and
$30,747,000 shall be paid to the ``Science and Technology''
appropriation to remain available until September 30, 2021.
Leaking Underground Storage Tank Trust Fund Program
For necessary expenses to carry out leaking underground
storage tank cleanup activities authorized by subtitle I of the
Solid Waste Disposal Act, $91,941,000, to remain available
until expended, of which $66,572,000 shall be for carrying out
leaking underground storage tank cleanup activities authorized
by section 9003(h) of the Solid Waste Disposal Act; $25,369,000
shall be for carrying out the other provisions of the Solid
Waste Disposal Act specified in section 9508(c) of the Internal
Revenue Code: Provided, That the Administrator is authorized
to use appropriations made available under this heading to
implement section 9013 of the Solid Waste Disposal Act to
provide financial assistance to federally recognized Indian
tribes for the development and implementation of programs to
manage underground storage tanks.
Inland Oil Spill Programs
For expenses necessary to carry out the Environmental
Protection Agency's responsibilities under the Oil Pollution
Act of 1990, including hire, maintenance, and operation of
aircraft, $19,581,000, to be derived from the Oil Spill
Liability trust fund, to remain available until expended.
State and Tribal Assistance Grants
For environmental programs and infrastructure assistance,
including capitalization grants for State revolving funds and
performance partnership grants, $4,246,232,000, to remain
available until expended, of which--
(1) $1,638,826,000 shall be for making capitalization
grants for the Clean Water State Revolving Funds under
title VI of the Federal Water Pollution Control Act;
and of which $1,126,088,000 shall be for making
capitalization grants for the Drinking Water State
Revolving Funds under section 1452 of the Safe Drinking
Water Act: Provided, That for fiscal year 2020, to the
extent there are sufficient eligible project
applications and projects are consistent with State
Intended Use Plans, not less than 10 percent of the
funds made available under this title to each State for
Clean Water State Revolving Fund capitalization grants
shall be used by the State for projects to address
green infrastructure, water or energy efficiency
improvements, or other environmentally innovative
activities: Provided further, That for fiscal year
2020, funds made available under this title to each
State for Drinking Water State Revolving Fund
capitalization grants may, at the discretion of each
State, be used for projects to address green
infrastructure, water or energy efficiency
improvements, or other environmentally innovative
activities: Provided further, That notwithstanding
section 603(d)(7) of the Federal Water Pollution
Control Act, the limitation on the amounts in a State
water pollution control revolving fund that may be used
by a State to administer the fund shall not apply to
amounts included as principal in loans made by such
fund in fiscal year 2020 and prior years where such
amounts represent costs of administering the fund to
the extent that such amounts are or were deemed
reasonable by the Administrator, accounted for
separately from other assets in the fund, and used for
eligible purposes of the fund, including
administration: Provided further, That for fiscal year
2020, notwithstanding the provisions of subsections
(g)(1), (h), and (l) of section 201 of the Federal
Water Pollution Control Act, grants made under title II
of such Act for American Samoa, Guam, the commonwealth
of the Northern Marianas, the United States Virgin
Islands, and the District of Columbia may also be made
for the purpose of providing assistance: (1) solely for
facility plans, design activities, or plans,
specifications, and estimates for any proposed project
for the construction of treatment works; and (2) for
the construction, repair, or replacement of privately
owned treatment works serving one or more principal
residences or small commercial establishments:
Provided further, That for fiscal year 2020,
notwithstanding the provisions of such subsections
(g)(1), (h), and (l) of section 201 and section 518(c)
of the Federal Water Pollution Control Act, funds
reserved by the Administrator for grants under section
518(c) of the Federal Water Pollution Control Act may
also be used to provide assistance: (1) solely for
facility plans, design activities, or plans,
specifications, and estimates for any proposed project
for the construction of treatment works; and (2) for
the construction, repair, or replacement of privately
owned treatment works serving one or more principal
residences or small commercial establishments:
Provided further, That for fiscal year 2020,
notwithstanding any provision of the Federal Water
Pollution Control Act and regulations issued pursuant
thereof, up to a total of $2,000,000 of the funds
reserved by the Administrator for grants under section
518(c) of such Act may also be used for grants for
training, technical assistance, and educational
programs relating to the operation and management of
the treatment works specified in section 518(c) of such
Act: Provided further, That for fiscal year 2020,
funds reserved under section 518(c) of such Act shall
be available for grants only to Indian tribes, as
defined in section 518(h) of such Act and former Indian
reservations in Oklahoma (as determined by the
Secretary of the Interior) and Native Villages as
defined in Public Law 92-203: Provided further, That
for fiscal year 2020, notwithstanding the limitation on
amounts in section 518(c) of the Federal Water
Pollution Control Act, up to a total of 2 percent of
the funds appropriated, or $30,000,000, whichever is
greater, and notwithstanding the limitation on amounts
in section 1452(i) of the Safe Drinking Water Act, up
to a total of 2 percent of the funds appropriated, or
$20,000,000, whichever is greater, for State Revolving
Funds under such Acts may be reserved by the
Administrator for grants under section 518(c) and
section 1452(i) of such Acts: Provided further, That
for fiscal year 2020, notwithstanding the amounts
specified in section 205(c) of the Federal Water
Pollution Control Act, up to 1.5 percent of the
aggregate funds appropriated for the Clean Water State
Revolving Fund program under the Act less any sums
reserved under section 518(c) of the Act, may be
reserved by the Administrator for grants made under
title II of the Federal Water Pollution Control Act for
American Samoa, Guam, the Commonwealth of the Northern
Marianas, and United States Virgin Islands: Provided
further, That for fiscal year 2020, notwithstanding the
limitations on amounts specified in section 1452(j) of
the Safe Drinking Water Act, up to 1.5 percent of the
funds appropriated for the Drinking Water State
Revolving Fund programs under the Safe Drinking Water
Act may be reserved by the Administrator for grants
made under section 1452(j) of the Safe Drinking Water
Act: Provided further, That 10 percent of the funds
made available under this title to each State for Clean
Water State Revolving Fund capitalization grants and 14
percent of the funds made available under this title to
each State for Drinking Water State Revolving Fund
capitalization grants shall be used by the State to
provide additional subsidy to eligible recipients in
the form of forgiveness of principal, negative interest
loans, or grants (or any combination of these), and
shall be so used by the State only where such funds are
provided as initial financing for an eligible recipient
or to buy, refinance, or restructure the debt
obligations of eligible recipients only where such debt
was incurred on or after the date of enactment of this
Act, or where such debt was incurred prior to the date
of enactment of this Act if the State, with concurrence
from the Administrator, determines that such funds
could be used to help address a threat to public health
from heightened exposure to lead in drinking water or
if a Federal or State emergency declaration has been
issued due to a threat to public health from heightened
exposure to lead in a municipal drinking water supply
before the date of enactment of this Act: Provided
further, That in a State in which such an emergency
declaration has been issued, the State may use more
than 14 percent of the funds made available under this
title to the State for Drinking Water State Revolving
Fund capitalization grants to provide additional
subsidy to eligible recipients;
(2) $25,000,000 shall be for architectural,
engineering, planning, design, construction and related
activities in connection with the construction of high
priority water and wastewater facilities in the area of
the United States-Mexico Border, after consultation
with the appropriate border commission: Provided, That
no funds provided by this appropriations Act to address
the water, wastewater and other critical infrastructure
needs of the colonias in the United States along the
United States-Mexico border shall be made available to
a county or municipal government unless that government
has established an enforceable local ordinance, or
other zoning rule, which prevents in that jurisdiction
the development or construction of any additional
colonia areas, or the development within an existing
colonia the construction of any new home, business, or
other structure which lacks water, wastewater, or other
necessary infrastructure;
(3) $29,186,000 shall be for grants to the State of
Alaska to address drinking water and wastewater
infrastructure needs of rural and Alaska Native
Villages: Provided, That of these funds: (A) the State
of Alaska shall provide a match of 25 percent; (B) no
more than 5 percent of the funds may be used for
administrative and overhead expenses; and (C) the State
of Alaska shall make awards consistent with the
Statewide priority list established in conjunction with
the Agency and the U.S. Department of Agriculture for
all water, sewer, waste disposal, and similar projects
carried out by the State of Alaska that are funded
under section 221 of the Federal Water Pollution
Control Act (33 U.S.C. 1301) or the Consolidated Farm
and Rural Development Act (7 U.S.C. 1921 et seq.) which
shall allocate not less than 25 percent of the funds
provided for projects in regional hub communities;
(4) $89,000,000 shall be to carry out section 104(k)
of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (CERCLA),
including grants, interagency agreements, and
associated program support costs: Provided, That at
least 10 percent shall be allocated for assistance in
persistent poverty counties: Provided further, That
for purposes of this section, the term ``persistent
poverty counties'' means any county that has had 20
percent or more of its population living in poverty
over the past 30 years, as measured by the 1990 and
2000 decennial censuses and the most recent Small Area
Income and Poverty Estimates, or any territory or
possession of the United States;
(5) $87,000,000 shall be for grants under title VII,
subtitle G of the Energy Policy Act of 2005;
(6) $56,306,000 shall be for targeted airshed grants
in accordance with the terms and conditions in the
explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act);
(7) $4,000,000 shall be to carry out the water
quality program authorized in section 5004(d) of the
Water Infrastructure Improvements for the Nation Act
(Public Law 114-322);
(8) $25,408,000 shall be for grants under subsections
(a) through (j) of section 1459A of the Safe Drinking
Water Act (42 U.S.C. 300j-19a);
(9) $26,000,000 shall be for grants under section
1464(d) of the Safe Drinking Water Act (42 U.S.C. 300j-
24(d));
(10) $19,511,000 shall be for grants under section
1459B of the Safe Drinking Water Act (42 U.S.C. 300j-
19b);
(11) $3,000,000 shall be for grants under section
1459A(l) of the Safe Drinking Water Act (42 U.S.C.
300j-19a(l));
(12) $12,000,000 shall be for grants under section
104(b)(8) of the Federal Water Pollution Control Act
(33 U.S.C. 1254(b)(8));
(13) $28,000,000 shall be for grants under section
221 of the Federal Water Pollution Control Act (33
U.S.C. 1301);
(14) $1,000,000 shall be for grants under section
4304(b) of the America's Water Infrastructure Act of
2018 (Public Law 115-270); and
(15) $1,075,907,000 shall be for grants, including
associated program support costs, to States, federally
recognized tribes, interstate agencies, tribal
consortia, and air pollution control agencies for
multi-media or single media pollution prevention,
control and abatement and related activities, including
activities pursuant to the provisions set forth under
this heading in Public Law 104-134, and for making
grants under section 103 of the Clean Air Act for
particulate matter monitoring and data collection
activities subject to terms and conditions specified by
the Administrator, of which: $46,190,000 shall be for
carrying out section 128 of CERCLA; $9,332,000 shall be
for Environmental Information Exchange Network grants,
including associated program support costs; $1,449,000
shall be for grants to States under section 2007(f)(2)
of the Solid Waste Disposal Act, which shall be in
addition to funds appropriated under the heading
``Leaking Underground Storage Tank Trust Fund Program''
to carry out the provisions of the Solid Waste Disposal
Act specified in section 9508(c) of the Internal
Revenue Code other than section 9003(h) of the Solid
Waste Disposal Act; $17,848,000 of the funds available
for grants under section 106 of the Federal Water
Pollution Control Act shall be for State participation
in national- and State-level statistical surveys of
water resources and enhancements to State monitoring
programs; $13,000,000 shall be for multipurpose grants,
including interagency agreements.
Water Infrastructure Finance and Innovation Program Account
For the cost of direct loans and for the cost of guaranteed
loans, as authorized by the Water Infrastructure Finance and
Innovation Act of 2014, $55,000,000, to remain available until
expended: Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That these
funds are available to subsidize gross obligations for the
principal amount of direct loans, including capitalized
interest, and total loan principal, including capitalized
interest, any part of which is to be guaranteed, not to exceed
$11,500,000,000: Provided further, That of the funds made
available under this heading, $5,000,000 shall be used solely
for the cost of direct loans and for the cost of guaranteed
loans for projects described in section 5026(9) of the Water
Infrastructure Finance and Innovation Act of 2014 to State
infrastructure financing authorities, as authorized by section
5033(e) of such Act: Provided further, That the Administrator,
together with the Director of the Office of Management and
Budget and the Secretary of the Treasury, shall jointly develop
criteria for project eligibility for direct loans and loan
guarantees authorized by the Water Infrastructure Finance and
Innovation Act of 2014 that limit Federal participation in a
project consistent with the requirements for the budgetary
treatment provided for in section 504 of the Federal Credit
Reform Act of 1990 and based on the recommendations contained
in the 1967 Report of the President's Commission on Budget
Concepts; and the Administrator, the Director, and the
Secretary, shall, not later than 120 days after the date of
enactment of this Act, publish such criteria in the Federal
Register: Provided further, That, in developing the criteria
to be used, the Administrator, the Director, and the Secretary,
shall consult with the Director of the Congressional Budget
Office: Provided further, That the requirements of section 553
of title 5, United States Code, shall not apply to the
development and publication of such criteria: Provided
further, That the use of direct loans or loan guarantee
authority under this heading for direct loans or commitments to
guarantee loans for any project shall be in accordance with the
criteria published pursuant to this Act: Provided further,
That the Administrator, the Director, and the Secretary, shall
also certify, and publish such certification in the Federal
Register, that the criteria is compliant with this paragraph,
at the same time the Administrator, the Director, and the
Secretary, publish the criteria in the Federal Register:
Provided further, That the Administrator may not issue a Notice
of Funding Availability for applications for credit assistance
under the Water Infrastructure Finance and Innovation Act
Program in fiscal year 2020 until the criteria have been
developed and published pursuant to the fourth proviso and
certified pursuant to the previous proviso: Provided further,
That none of the direct loans or loan guarantee authority made
available under this heading shall be available for any project
unless the Administrator and the Director of the Office of
Management and Budget have certified in advance in writing that
the direct loan or loan guarantee, as applicable, and the
project comply with the criteria developed and published
pursuant to this Act: Provided further, That the criteria
developed and published pursuant to this Act shall not apply to
the use of direct loans or loan guarantee authority provided by
prior appropriations Acts: Provided further, That not later
than 15 days after the date upon which criteria have been
published pursuant to the fourth proviso, the Administrator
shall report to the Committees on Appropriations of the House
of Representatives and Senate, the Committees on Energy and
Commerce and Transportation and Infrastructure of the House of
Representatives, and the Committee on Environment and Public
Works of the Senate on any statutory improvements to the Water
Infrastructure Finance and Innovation Act of 2014 or to the
Water Infrastructure Finance and Innovation Act Program
Account's appropriations language that would further align such
Act and such language with the budgetary treatment and
recommendations referred to in the fourth proviso: Provided
further, That, for the purposes of carrying out the
Congressional Budget Act of 1974, the Director of the
Congressional Budget Office may request, and the Administrator
shall promptly provide, documentation and information relating
to a project identified in a Letter of Interest submitted to
the Administrator pursuant to a Notice of Funding Availability
for applications for credit assistance under the Water
Infrastructure Finance and Innovation Act Program, including
with respect to a project that was initiated or completed
before the date of enactment of this Act.
In addition, fees authorized to be collected pursuant to
sections 5029 and 5030 of the Water Infrastructure Finance and
Innovation Act of 2014 shall be deposited in this account, to
remain available until expended.
In addition, for administrative expenses to carry out the
direct and guaranteed loan programs, notwithstanding section
5033 of the Water Infrastructure Finance and Innovation Act of
2014, $5,000,000, to remain available until September 30, 2021.
Administrative Provisions--Environmental Protection Agency
(including transfers of funds)
For fiscal year 2020, notwithstanding 31 U.S.C. 6303(1) and
6305(1), the Administrator of the Environmental Protection
Agency, in carrying out the Agency's function to implement
directly Federal environmental programs required or authorized
by law in the absence of an acceptable tribal program, may
award cooperative agreements to federally recognized Indian
tribes or Intertribal consortia, if authorized by their member
tribes, to assist the Administrator in implementing Federal
environmental programs for Indian tribes required or authorized
by law, except that no such cooperative agreements may be
awarded from funds designated for State financial assistance
agreements.
The Administrator of the Environmental Protection Agency is
authorized to collect and obligate pesticide registration
service fees in accordance with section 33 of the Federal
Insecticide, Fungicide, and Rodenticide Act, as amended by
Public Law 116-8, the Pesticide Registration Improvement
Extension Act of 2018.
Notwithstanding section 33(d)(2) of the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA) (7 U.S.C. 136w-8(d)(2)),
the Administrator of the Environmental Protection Agency may
assess fees under section 33 of FIFRA (7 U.S.C. 136w-8) for
fiscal year 2020.
The Administrator is authorized to transfer up to
$320,000,000 of the funds appropriated for the Great Lakes
Restoration Initiative under the heading ``Environmental
Programs and Management'' to the head of any Federal department
or agency, with the concurrence of such head, to carry out
activities that would support the Great Lakes Restoration
Initiative and Great Lakes Water Quality Agreement programs,
projects, or activities; to enter into an interagency agreement
with the head of such Federal department or agency to carry out
these activities; and to make grants to governmental entities,
nonprofit organizations, institutions, and individuals for
planning, research, monitoring, outreach, and implementation in
furtherance of the Great Lakes Restoration Initiative and the
Great Lakes Water Quality Agreement.
The Science and Technology, Environmental Programs and
Management, Office of Inspector General, Hazardous Substance
Superfund, and Leaking Underground Storage Tank Trust Fund
Program Accounts, are available for the construction,
alteration, repair, rehabilitation, and renovation of
facilities, provided that the cost does not exceed $150,000 per
project.
For fiscal year 2020, and notwithstanding section 518(f) of
the Federal Water Pollution Control Act (33 U.S.C. 1377(f)),
the Administrator is authorized to use the amounts appropriated
for any fiscal year under section 319 of the Act to make grants
to Indian tribes pursuant to sections 319(h) and 518(e) of that
Act.
The Administrator is authorized to use the amounts
appropriated under the heading ``Environmental Programs and
Management'' for fiscal year 2020 to provide grants to
implement the Southeastern New England Watershed Restoration
Program.
Notwithstanding the limitations on amounts in section
320(i)(2)(B) of the Federal Water Pollution Control Act, not
less than $1,350,000 of the funds made available under this
title for the National Estuary Program shall be for making
competitive awards described in section 320(g)(4).
The fourth paragraph under heading ``Administrative
Provisions'' in title II of Public Law 109-54 is amended by
striking ``2020'' and inserting ``2025''.
TITLE III
RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
office of the under secretary for natural resources and environment
For necessary expenses of the Office of the Under Secretary
for Natural Resources and Environment, $875,000: Provided,
That funds made available by this Act to any agency in the
Natural Resources and Environment mission area for salaries and
expenses are available to fund up to one administrative support
staff for the office.
Forest Service
forest and rangeland research
For necessary expenses of forest and rangeland research as
authorized by law, $305,000,000, to remain available through
September 30, 2023: Provided, That of the funds provided,
$77,000,000 is for the forest inventory and analysis program:
Provided further, That all authorities for the use of funds,
including the use of contracts, grants, and cooperative
agreements, available to execute the Forest and Rangeland
Research appropriation, are also available in the utilization
of these funds for Fire Science Research.
state and private forestry
For necessary expenses of cooperating with and providing
technical and financial assistance to States, territories,
possessions, and others, and for forest health management, and
conducting an international program as authorized,
$346,990,000, to remain available through September 30, 2023,
as authorized by law; of which $63,990,000 is to be derived
from the Land and Water Conservation Fund to be used for the
Forest Legacy Program, to remain available until expended.
national forest system
For necessary expenses of the Forest Service, not otherwise
provided for, for management, protection, improvement, and
utilization of the National Forest System, and for hazardous
fuels management on or adjacent to such lands, $1,957,510,000,
to remain available through September 30, 2023: Provided, That
of the funds provided, $40,000,000 shall be deposited in the
Collaborative Forest Landscape Restoration Fund for ecological
restoration treatments as authorized by 16 U.S.C. 7303(f):
Provided further, That of the funds provided, $373,000,000
shall be for forest products: Provided further, That of the
funds provided, $445,310,000 shall be for hazardous fuels
management activities, of which not to exceed $15,000,000 may
be used to make grants, using any authorities available to the
Forest Service under the ``State and Private Forestry''
appropriation, for the purpose of creating incentives for
increased use of biomass from National Forest System lands:
Provided further, That $20,000,000 may be used by the Secretary
of Agriculture to enter into procurement contracts or
cooperative agreements or to issue grants for hazardous fuels
management activities, and for training or monitoring
associated with such hazardous fuels management activities on
Federal land, or on non-Federal land if the Secretary
determines such activities benefit resources on Federal land:
Provided further, That funds made available to implement the
Community Forestry Restoration Act, Public Law 106-393, title
VI, shall be available for use on non-Federal lands in
accordance with authorities made available to the Forest
Service under the ``State and Private Forestry''
appropriations: Provided further, That notwithstanding section
33 of the Bankhead Jones Farm Tenant Act (7 U.S.C. 1012), the
Secretary of Agriculture, in calculating a fee for grazing on a
National Grassland, may provide a credit of up to 50 percent of
the calculated fee to a Grazing Association or direct permittee
for a conservation practice approved by the Secretary in
advance of the fiscal year in which the cost of the
conservation practice is incurred. And, that the amount
credited shall remain available to the Grazing Association or
the direct permittee, as appropriate, in the fiscal year in
which the credit is made and each fiscal year thereafter for
use on the project for conservation practices approved by the
Secretary.
capital improvement and maintenance
(including transfer of funds)
For necessary expenses of the Forest Service, not otherwise
provided for, $455,000,000, to remain available through
September 30, 2023, for construction, capital improvement,
maintenance and acquisition of buildings and other facilities
and infrastructure; and for construction, reconstruction,
decommissioning of roads that are no longer needed, including
unauthorized roads that are not part of the transportation
system, and maintenance of forest roads and trails by the
Forest Service as authorized by 16 U.S.C. 532-538 and 23 U.S.C.
101 and 205: Provided, That funds becoming available in fiscal
year 2020 under the Act of March 4, 1913 (16 U.S.C. 501) shall
be transferred to the General Fund of the Treasury and shall
not be available for transfer or obligation for any other
purpose unless the funds are appropriated.
land acquisition
(including rescission of funds)
For expenses necessary to carry out the provisions of chapter
2003 of title 54, United States Code, including administrative
expenses, and for acquisition of land or waters, or interest
therein, in accordance with statutory authority applicable to
the Forest Service, $78,898,000, to be derived from the Land
and Water Conservation Fund and to remain available until
expended.
Of the unobligated balances from amounts made available for
Forest Service and derived from the Land and Water Conservation
Fund, $2,000,000 is hereby permanently rescinded from projects
with cost savings or failed projects or partially failed that
had funds returned: Provided, That no amounts may be rescinded
from amounts that were designated by the Congress as an
emergency requirement pursuant to the Concurrent Resolution on
the Budget or the Balanced Budget and Emergency Deficit Control
Act of 1985.
acquisition of lands for national forests special acts
For acquisition of lands within the exterior boundaries of
the Cache, Uinta, and Wasatch National Forests, Utah; the
Toiyabe National Forest, Nevada; and the Angeles, San
Bernardino, Sequoia, and Cleveland National Forests,
California; and the Ozark-St. Francis and Ouachita National
Forests, Arkansas; as authorized by law, $700,000, to be
derived from forest receipts.
acquisition of lands to complete land exchanges
For acquisition of lands, such sums, to be derived from funds
deposited by State, county, or municipal governments, public
school districts, or other public school authorities, and for
authorized expenditures from funds deposited by non-Federal
parties pursuant to Land Sale and Exchange Acts, pursuant to
the Act of December 4, 1967 (16 U.S.C. 484a), to remain
available through September 30, 2023, (16 U.S.C. 516-617a,
555a; Public Law 96-586; Public Law 76-589, 76-591; and Public
Law 78-310).
range betterment fund
For necessary expenses of range rehabilitation, protection,
and improvement, 50 percent of all moneys received during the
prior fiscal year, as fees for grazing domestic livestock on
lands in National Forests in the 16 Western States, pursuant to
section 401(b)(1) of Public Law 94-579, to remain available
through September 30, 2023, of which not to exceed 6 percent
shall be available for administrative expenses associated with
on-the-ground range rehabilitation, protection, and
improvements.
gifts, donations and bequests for forest and rangeland research
For expenses authorized by 16 U.S.C. 1643(b), $45,000, to
remain available through September 30, 2023, to be derived from
the fund established pursuant to the above Act.
management of national forest lands for subsistence uses
For necessary expenses of the Forest Service to manage
Federal lands in Alaska for subsistence uses under title VIII
of the Alaska National Interest Lands Conservation Act (16
U.S.C. 3111 et seq.), $2,500,000, to remain available through
September 30, 2023.
wildland fire management
(including transfers of funds)
For necessary expenses for forest fire presuppression
activities on National Forest System lands, for emergency
wildland fire suppression on or adjacent to such lands or other
lands under fire protection agreement, and for emergency
rehabilitation of burned-over National Forest System lands and
water, $2,350,620,000, to remain available until expended:
Provided, That such funds including unobligated balances under
this heading, are available for repayment of advances from
other appropriations accounts previously transferred for such
purposes: Provided further, That any unobligated funds
appropriated in a previous fiscal year for hazardous fuels
management may be transferred to the ``National Forest System''
account: Provided further, That such funds shall be available
to reimburse State and other cooperating entities for services
provided in response to wildfire and other emergencies or
disasters to the extent such reimbursements by the Forest
Service for non-fire emergencies are fully repaid by the
responsible emergency management agency: Provided further,
That funds provided shall be available for support to Federal
emergency response: Provided further, That the costs of
implementing any cooperative agreement between the Federal
Government and any non-Federal entity may be shared, as
mutually agreed on by the affected parties: Provided further,
That of the funds provided under this heading, $1,011,000,000
shall be available for wildfire suppression operations, and is
provided to the meet the terms of section 251(b)(2)(F)(ii)(I)
of the Balanced Budget and Emergency Deficit Control Act of
1985, as amended.
wildfire suppression operations reserve fund
(including transfers of funds)
In addition to the amounts provided under the heading
``Department of Agriculture--Forest Service--Wildland Fire
Management'' for wildfire suppression operations,
$1,950,000,000, to remain available until transferred, is
additional new budget authority as specified for purposes of
section 251(b)(2)(F) of the Balanced Budget and Emergency
Deficit Control Act of 1985: Provided, That such amounts may
be transferred to and merged with amounts made available under
the headings ``Department of the Interior--Department-Wide
Programs--Wildland Fire Management'' and ``Department of
Agriculture--Forest Service--Wildland Fire Management'' for
wildfire suppression operations in the fiscal year in which
such amounts are transferred: Provided further, That amounts
may be transferred to the ``Wildland Fire Management'' accounts
in the Department of the Interior or the Department of
Agriculture only upon the notification of the House and Senate
Committees on Appropriations that all wildfire suppression
operations funds appropriated under that heading in this and
prior appropriations Acts to the agency to which the funds will
be transferred will be obligated within 30 days: Provided
further, That the transfer authority provided under this
heading is in addition to any other transfer authority provided
by law.
communications site administration
Amounts collected in this fiscal year pursuant to section
8705(f)(2) of the Agriculture Improvement Act of 2018 (Public
Law 115-334), as amended by this Act, shall be deposited in the
special account established by section 8705(f)(1) of such Act,
shall be available to cover the costs described in subsection
(c)(3) of such section of such Act, and shall remain available
until expended: Provided, That such amounts shall be
transferred to the ``National Forest System'' account.
administrative provisions--forest service
(including transfers of funds)
Appropriations to the Forest Service for the current fiscal
year shall be available for: (1) purchase of passenger motor
vehicles; acquisition of passenger motor vehicles from excess
sources, and hire of such vehicles; purchase, lease, operation,
maintenance, and acquisition of aircraft to maintain the
operable fleet for use in Forest Service wildland fire programs
and other Forest Service programs; notwithstanding other
provisions of law, existing aircraft being replaced may be
sold, with proceeds derived or trade-in value used to offset
the purchase price for the replacement aircraft; (2) services
pursuant to 7 U.S.C. 2225, and not to exceed $100,000 for
employment under 5 U.S.C. 3109; (3) purchase, erection, and
alteration of buildings and other public improvements (7 U.S.C.
2250); (4) acquisition of land, waters, and interests therein
pursuant to 7 U.S.C. 428a; (5) for expenses pursuant to the
Volunteers in the National Forest Act of 1972 (16 U.S.C. 558a,
558d, and 558a note); (6) the cost of uniforms as authorized by
5 U.S.C. 5901-5902; and (7) for debt collection contracts in
accordance with 31 U.S.C. 3718(c).
Any appropriations or funds available to the Forest Service
may be transferred to the Wildland Fire Management
appropriation for forest firefighting, emergency rehabilitation
of burned-over or damaged lands or waters under its
jurisdiction, and fire preparedness due to severe burning
conditions upon the Secretary's notification of the House and
Senate Committees on Appropriations that all fire suppression
funds appropriated under the heading ``Wildland Fire
Management'' will be obligated within 30 days: Provided, That
all funds used pursuant to this paragraph must be replenished
by a supplemental appropriation which must be requested as
promptly as possible.
Not more than $50,000,000 of funds appropriated to the Forest
Service shall be available for expenditure or transfer to the
Department of the Interior for wildland fire management,
hazardous fuels management, and State fire assistance when such
transfers would facilitate and expedite wildland fire
management programs and projects.
Notwithstanding any other provision of this Act, the Forest
Service may transfer unobligated balances of discretionary
funds appropriated to the Forest Service by this Act to or
within the National Forest System Account, or reprogram funds
to be used for the purposes of hazardous fuels management and
urgent rehabilitation of burned-over National Forest System
lands and water, such transferred funds shall remain available
through September 30, 2023: Provided, That none of the funds
transferred pursuant to this section shall be available for
obligation without written notification to and the prior
approval of the Committees on Appropriations of both Houses of
Congress: Provided further, That this section does not apply
to funds derived from the Land and Water Conservation Fund.
Funds appropriated to the Forest Service shall be available
for assistance to or through the Agency for International
Development in connection with forest and rangeland research,
technical information, and assistance in foreign countries, and
shall be available to support forestry and related natural
resource activities outside the United States and its
territories and possessions, including technical assistance,
education and training, and cooperation with U.S., private, and
international organizations. The Forest Service, acting for the
International Program, may sign direct funding agreements with
foreign governments and institutions as well as other domestic
agencies (including the U.S. Agency for International
Development, the Department of State, and the Millennium
Challenge Corporation), U.S. private sector firms, institutions
and organizations to provide technical assistance and training
programs overseas on forestry and rangeland management.
Funds appropriated to the Forest Service shall be available
for expenditure or transfer to the Department of the Interior,
Bureau of Land Management, for removal, preparation, and
adoption of excess wild horses and burros from National Forest
System lands, and for the performance of cadastral surveys to
designate the boundaries of such lands.
None of the funds made available to the Forest Service in
this Act or any other Act with respect to any fiscal year shall
be subject to transfer under the provisions of section 702(b)
of the Department of Agriculture Organic Act of 1944 (7 U.S.C.
2257), section 442 of Public Law 106-224 (7 U.S.C. 7772), or
section 10417(b) of Public Law 107-171 (7 U.S.C. 8316(b)).
Not more than $82,000,000 of funds available to the Forest
Service shall be transferred to the Working Capital Fund of the
Department of Agriculture and not more than $14,500,000 of
funds available to the Forest Service shall be transferred to
the Department of Agriculture for Department Reimbursable
Programs, commonly referred to as Greenbook charges. Nothing in
this paragraph shall prohibit or limit the use of reimbursable
agreements requested by the Forest Service in order to obtain
information technology services, including telecommunications
and system modifications or enhancements, from the Working
Capital Fund of the Department of Agriculture.
Of the funds available to the Forest Service, up to
$5,000,000 shall be available for priority projects within the
scope of the approved budget, which shall be carried out by the
Youth Conservation Corps and shall be carried out under the
authority of the Public Lands Corps Act of 1993 (16 U.S.C. 1721
et seq.).
Of the funds available to the Forest Service, $4,000 is
available to the Chief of the Forest Service for official
reception and representation expenses.
Pursuant to sections 405(b) and 410(b) of Public Law 101-593,
of the funds available to the Forest Service, up to $3,000,000
may be advanced in a lump sum to the National Forest Foundation
to aid conservation partnership projects in support of the
Forest Service mission, without regard to when the Foundation
incurs expenses, for projects on or benefitting National Forest
System lands or related to Forest Service programs: Provided,
That of the Federal funds made available to the Foundation, no
more than $300,000 shall be available for administrative
expenses: Provided further, That the Foundation shall obtain,
by the end of the period of Federal financial assistance,
private contributions to match funds made available by the
Forest Service on at least a one-for-one basis: Provided
further, That the Foundation may transfer Federal funds to a
Federal or a non-Federal recipient for a project at the same
rate that the recipient has obtained the non-Federal matching
funds.
Pursuant to section 2(b)(2) of Public Law 98-244, up to
$3,000,000 of the funds available to the Forest Service may be
advanced to the National Fish and Wildlife Foundation in a lump
sum to aid cost-share conservation projects, without regard to
when expenses are incurred, on or benefitting National Forest
System lands or related to Forest Service programs: Provided,
That such funds shall be matched on at least a one-for-one
basis by the Foundation or its sub-recipients: Provided
further, That the Foundation may transfer Federal funds to a
Federal or non-Federal recipient for a project at the same rate
that the recipient has obtained the non-Federal matching funds.
Funds appropriated to the Forest Service shall be available
for interactions with and providing technical assistance to
rural communities and natural resource-based businesses for
sustainable rural development purposes.
Funds appropriated to the Forest Service shall be available
for payments to counties within the Columbia River Gorge
National Scenic Area, pursuant to section 14(c)(1) and (2), and
section 16(a)(2) of Public Law 99-663.
Any funds appropriated to the Forest Service may be used to
meet the non-Federal share requirement in section 502(c) of the
Older Americans Act of 1965 (42 U.S.C. 3056(c)(2)).
The Forest Service shall not assess funds for the purpose of
performing fire, administrative, and other facilities
maintenance and decommissioning.
Notwithstanding any other provision of law, of any
appropriations or funds available to the Forest Service, not to
exceed $500,000 may be used to reimburse the Office of the
General Counsel (OGC), Department of Agriculture, for travel
and related expenses incurred as a result of OGC assistance or
participation requested by the Forest Service at meetings,
training sessions, management reviews, land purchase
negotiations and similar matters unrelated to civil litigation.
Future budget justifications for both the Forest Service and
the Department of Agriculture should clearly display the sums
previously transferred and the sums requested for transfer.
An eligible individual who is employed in any project funded
under title V of the Older Americans Act of 1965 (42 U.S.C.
3056 et seq.) and administered by the Forest Service shall be
considered to be a Federal employee for purposes of chapter 171
of title 28, United States Code.
Notwithstanding any other provision of this Act, through the
Office of Budget and Program Analysis, the Forest Service shall
report no later than 30 business days following the close of
each fiscal quarter all current and prior year unobligated
balances, by fiscal year, budget line item and account, to the
House and Senate Committees on Appropriations.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Indian Health Service
indian health services
For expenses necessary to carry out the Act of August 5, 1954
(68 Stat. 674), the Indian Self-Determination and Education
Assistance Act, the Indian Health Care Improvement Act, and
titles II and III of the Public Health Service Act with respect
to the Indian Health Service, $4,315,205,000 to remain
available until September 30, 2021, except as otherwise
provided herein, together with payments received during the
fiscal year pursuant to sections 231(b) and 233 of the Public
Health Service Act (42 U.S.C. 238(b) and 238b), for services
furnished by the Indian Health Service: Provided, That funds
made available to tribes and tribal organizations through
contracts, grant agreements, or any other agreements or
compacts authorized by the Indian Self-Determination and
Education Assistance Act of 1975 (25 U.S.C. 450), shall be
deemed to be obligated at the time of the grant or contract
award and thereafter shall remain available to the tribe or
tribal organization without fiscal year limitation: Provided
further, That $2,000,000 shall be available for grants or
contracts with public or private institutions to provide
alcohol or drug treatment services to Indians, including
alcohol detoxification services: Provided further, That
$964,819,000 for Purchased/Referred Care, including $53,000,000
for the Indian Catastrophic Health Emergency Fund, shall remain
available until expended: Provided further, That of the funds
provided, up to $40,000,000 shall remain available until
expended for implementation of the loan repayment program under
section 108 of the Indian Health Care Improvement Act:
Provided further, That of the funds provided, $125,000,000
shall remain available until expended to supplement funds
available for operational costs at tribal clinics operated
under an Indian Self-Determination and Education Assistance Act
compact or contract where health care is delivered in space
acquired through a full service lease, which is not eligible
for maintenance and improvement and equipment funds from the
Indian Health Service, and $58,000,000 shall be for costs
related to or resulting from accreditation emergencies,
including supplementing activities funded under the heading
``Indian Health Facilities,'' of which up to $4,000,000 may be
used to supplement amounts otherwise available for Purchased/
Referred Care: Provided further, That the amounts collected by
the Federal Government as authorized by sections 104 and 108 of
the Indian Health Care Improvement Act (25 U.S.C. 1613a and
1616a) during the preceding fiscal year for breach of contracts
shall be deposited in the Fund authorized by section 108A of
that Act (25 U.S.C. 1616a-1) and shall remain available until
expended and, notwithstanding section 108A(c) of that Act (25
U.S.C. 1616a-1(c)), funds shall be available to make new awards
under the loan repayment and scholarship programs under
sections 104 and 108 of that Act (25 U.S.C. 1613a and 1616a):
Provided further, That the amounts made available within this
account for the Substance Abuse and Suicide Prevention Program,
for Opioid Prevention, Treatment and Recovery Services, for the
Domestic Violence Prevention Program, for the Zero Suicide
Initiative, for the housing subsidy authority for civilian
employees, for Aftercare Pilot Programs at Youth Regional
Treatment Centers, for transformation and modernization costs
of the Indian Health Service Electronic Health Record system,
for national quality and oversight activities, to improve
collections from public and private insurance at Indian Health
Service and tribally operated facilities, and for accreditation
emergencies shall be allocated at the discretion of the
Director of the Indian Health Service and shall remain
available until expended: Provided further, That funds
provided in this Act may be used for annual contracts and
grants that fall within 2 fiscal years, provided the total
obligation is recorded in the year the funds are appropriated:
Provided further, That the amounts collected by the Secretary
of Health and Human Services under the authority of title IV of
the Indian Health Care Improvement Act (25 U.S.C. 1613) shall
remain available until expended for the purpose of achieving
compliance with the applicable conditions and requirements of
titles XVIII and XIX of the Social Security Act, except for
those related to the planning, design, or construction of new
facilities: Provided further, That funding contained herein
for scholarship programs under the Indian Health Care
Improvement Act (25 U.S.C. 1613) shall remain available until
expended: Provided further, That amounts received by tribes
and tribal organizations under title IV of the Indian Health
Care Improvement Act shall be reported and accounted for and
available to the receiving tribes and tribal organizations
until expended: Provided further, That the Bureau of Indian
Affairs may collect from the Indian Health Service, and from
tribes and tribal organizations operating health facilities
pursuant to Public Law 93-638, such individually identifiable
health information relating to disabled children as may be
necessary for the purpose of carrying out its functions under
the Individuals with Disabilities Education Act (20 U.S.C. 1400
et seq.): Provided further, That of the funds provided,
$72,280,000 is for the Indian Health Care Improvement Fund and
may be used, as needed, to carry out activities typically
funded under the Indian Health Facilities account: Provided
further, That none of the funds appropriated by this Act to the
Indian Health Service for the Electronic Health Record system
shall be available for obligation or expenditure for the
selection or implementation of a new Information Technology
infrastructure system, unless the Committees on Appropriations
of the House of Representatives and the Senate are consulted 90
days in advance of such obligation.
contract support costs
For payments to tribes and tribal organizations for contract
support costs associated with Indian Self-Determination and
Education Assistance Act agreements with the Indian Health
Service for fiscal year 2020, such sums as may be necessary:
Provided, That notwithstanding any other provision of law, no
amounts made available under this heading shall be available
for transfer to another budget account.
indian health facilities
For construction, repair, maintenance, improvement, and
equipment of health and related auxiliary facilities, including
quarters for personnel; preparation of plans, specifications,
and drawings; acquisition of sites, purchase and erection of
modular buildings, and purchases of trailers; and for provision
of domestic and community sanitation facilities for Indians, as
authorized by section 7 of the Act of August 5, 1954 (42 U.S.C.
2004a), the Indian Self-Determination Act, and the Indian
Health Care Improvement Act, and for expenses necessary to
carry out such Acts and titles II and III of the Public Health
Service Act with respect to environmental health and facilities
support activities of the Indian Health Service, $911,889,000
to remain available until expended: Provided, That
notwithstanding any other provision of law, funds appropriated
for the planning, design, construction, renovation or expansion
of health facilities for the benefit of an Indian tribe or
tribes may be used to purchase land on which such facilities
will be located: Provided further, That not to exceed $500,000
may be used by the Indian Health Service to purchase TRANSAM
equipment from the Department of Defense for distribution to
the Indian Health Service and tribal facilities: Provided
further, That none of the funds appropriated to the Indian
Health Service may be used for sanitation facilities
construction for new homes funded with grants by the housing
programs of the United States Department of Housing and Urban
Development: Provided further, That not to exceed $2,700,000
from this account and the ``Indian Health Services'' account
may be used by the Indian Health Service to obtain ambulances
for the Indian Health Service and tribal facilities in
conjunction with an existing interagency agreement between the
Indian Health Service and the General Services Administration:
Provided further, That not to exceed $500,000 may be placed in
a Demolition Fund, to remain available until expended, and be
used by the Indian Health Service for the demolition of Federal
buildings.
administrative provisions--indian health service
Appropriations provided in this Act to the Indian Health
Service shall be available for services as authorized by 5
U.S.C. 3109 at rates not to exceed the per diem rate equivalent
to the maximum rate payable for senior-level positions under 5
U.S.C. 5376; hire of passenger motor vehicles and aircraft;
purchase of medical equipment; purchase of reprints; purchase,
renovation and erection of modular buildings and renovation of
existing facilities; payments for telephone service in private
residences in the field, when authorized under regulations
approved by the Secretary of Health and Human Services;
uniforms or allowances therefor as authorized by 5 U.S.C. 5901-
5902; and for expenses of attendance at meetings that relate to
the functions or activities of the Indian Health Service:
Provided, That in accordance with the provisions of the Indian
Health Care Improvement Act, non-Indian patients may be
extended health care at all tribally administered or Indian
Health Service facilities, subject to charges, and the proceeds
along with funds recovered under the Federal Medical Care
Recovery Act (42 U.S.C. 2651-2653) shall be credited to the
account of the facility providing the service and shall be
available without fiscal year limitation: Provided further,
That notwithstanding any other law or regulation, funds
transferred from the Department of Housing and Urban
Development to the Indian Health Service shall be administered
under Public Law 86-121, the Indian Sanitation Facilities Act
and Public Law 93-638: Provided further, That funds
appropriated to the Indian Health Service in this Act, except
those used for administrative and program direction purposes,
shall not be subject to limitations directed at curtailing
Federal travel and transportation: Provided further, That none
of the funds made available to the Indian Health Service in
this Act shall be used for any assessments or charges by the
Department of Health and Human Services unless identified in
the budget justification and provided in this Act, or approved
by the House and Senate Committees on Appropriations through
the reprogramming process: Provided further, That
notwithstanding any other provision of law, funds previously or
herein made available to a tribe or tribal organization through
a contract, grant, or agreement authorized by title I or title
V of the Indian Self-Determination and Education Assistance Act
of 1975 (25 U.S.C. 450 et seq.), may be deobligated and
reobligated to a self-determination contract under title I, or
a self-governance agreement under title V of such Act and
thereafter shall remain available to the tribe or tribal
organization without fiscal year limitation: Provided further,
That none of the funds made available to the Indian Health
Service in this Act shall be used to implement the final rule
published in the Federal Register on September 16, 1987, by the
Department of Health and Human Services, relating to the
eligibility for the health care services of the Indian Health
Service until the Indian Health Service has submitted a budget
request reflecting the increased costs associated with the
proposed final rule, and such request has been included in an
appropriations Act and enacted into law: Provided further,
That with respect to functions transferred by the Indian Health
Service to tribes or tribal organizations, the Indian Health
Service is authorized to provide goods and services to those
entities on a reimbursable basis, including payments in advance
with subsequent adjustment, and the reimbursements received
therefrom, along with the funds received from those entities
pursuant to the Indian Self-Determination Act, may be credited
to the same or subsequent appropriation account from which the
funds were originally derived, with such amounts to remain
available until expended: Provided further, That
reimbursements for training, technical assistance, or services
provided by the Indian Health Service will contain total costs,
including direct, administrative, and overhead costs associated
with the provision of goods, services, or technical assistance:
Provided further, That the Indian Health Service may provide
to civilian medical personnel serving in hospitals operated by
the Indian Health Service housing allowances equivalent to
those that would be provided to members of the Commissioned
Corps of the United States Public Health Service serving in
similar positions at such hospitals: Provided further, That
the appropriation structure for the Indian Health Service may
not be altered without advance notification to the House and
Senate Committees on Appropriations.
National Institutes of Health
national institute of environmental health sciences
For necessary expenses for the National Institute of
Environmental Health Sciences in carrying out activities set
forth in section 311(a) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9660(a)) and section 126(g) of the Superfund Amendments and
Reauthorization Act of 1986, $81,000,000.
Agency for Toxic Substances and Disease Registry
toxic substances and environmental public health
For necessary expenses for the Agency for Toxic Substances
and Disease Registry (ATSDR) in carrying out activities set
forth in sections 104(i) and 111(c)(4) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(CERCLA) and section 3019 of the Solid Waste Disposal Act,
$76,691,000: Provided, That notwithstanding any other
provision of law, in lieu of performing a health assessment
under section 104(i)(6) of CERCLA, the Administrator of ATSDR
may conduct other appropriate health studies, evaluations, or
activities, including, without limitation, biomedical testing,
clinical evaluations, medical monitoring, and referral to
accredited healthcare providers: Provided further, That in
performing any such health assessment or health study,
evaluation, or activity, the Administrator of ATSDR shall not
be bound by the deadlines in section 104(i)(6)(A) of CERCLA:
Provided further, That none of the funds appropriated under
this heading shall be available for ATSDR to issue in excess of
40 toxicological profiles pursuant to section 104(i) of CERCLA
during fiscal year 2020, and existing profiles may be updated
as necessary.
OTHER RELATED AGENCIES
Executive Office of the President
council on environmental quality and office of environmental quality
For necessary expenses to continue functions assigned to the
Council on Environmental Quality and Office of Environmental
Quality pursuant to the National Environmental Policy Act of
1969, the Environmental Quality Improvement Act of 1970, and
Reorganization Plan No. 1 of 1977, and not to exceed $750 for
official reception and representation expenses, $2,994,000:
Provided, That notwithstanding section 202 of the National
Environmental Policy Act of 1970, the Council shall consist of
one member, appointed by the President, by and with the advice
and consent of the Senate, serving as chairman and exercising
all powers, functions, and duties of the Council.
Chemical Safety and Hazard Investigation Board
salaries and expenses
For necessary expenses in carrying out activities pursuant to
section 112(r)(6) of the Clean Air Act, including hire of
passenger vehicles, uniforms or allowances therefor, as
authorized by 5 U.S.C. 5901-5902, and for services authorized
by 5 U.S.C. 3109 but at rates for individuals not to exceed the
per diem equivalent to the maximum rate payable for senior
level positions under 5 U.S.C. 5376, $12,000,000: Provided,
That the Chemical Safety and Hazard Investigation Board (Board)
shall have not more than three career Senior Executive Service
positions: Provided further, That notwithstanding any other
provision of law, the individual appointed to the position of
Inspector General of the Environmental Protection Agency (EPA)
shall, by virtue of such appointment, also hold the position of
Inspector General of the Board: Provided further, That
notwithstanding any other provision of law, the Inspector
General of the Board shall utilize personnel of the Office of
Inspector General of EPA in performing the duties of the
Inspector General of the Board, and shall not appoint any
individuals to positions within the Board.
Office of Navajo and Hopi Indian Relocation
salaries and expenses
For necessary expenses of the Office of Navajo and Hopi
Indian Relocation as authorized by Public Law 93-531,
$7,500,000, to remain available until expended: Provided, That
funds provided in this or any other appropriations Act are to
be used to relocate eligible individuals and groups including
evictees from District 6, Hopi-partitioned lands residents,
those in significantly substandard housing, and all others
certified as eligible and not included in the preceding
categories: Provided further, That none of the funds contained
in this or any other Act may be used by the Office of Navajo
and Hopi Indian Relocation to evict any single Navajo or Navajo
family who, as of November 30, 1985, was physically domiciled
on the lands partitioned to the Hopi Tribe unless a new or
replacement home is provided for such household: Provided
further, That no relocatee will be provided with more than one
new or replacement home: Provided further, That the Office
shall relocate any certified eligible relocatees who have
selected and received an approved homesite on the Navajo
reservation or selected a replacement residence off the Navajo
reservation or on the land acquired pursuant to section 11 of
Public Law 93-531 (88 Stat. 1716).
Institute of American Indian and Alaska Native Culture and Arts
Development
payment to the institute
For payment to the Institute of American Indian and Alaska
Native Culture and Arts Development, as authorized by part A of
title XV of Public Law 99-498 (20 U.S.C. 4411 et seq.),
$10,458,000, which shall become available on July 1, 2020, and
shall remain available until September 30, 2021.
Smithsonian Institution
salaries and expenses
For necessary expenses of the Smithsonian Institution, as
authorized by law, including research in the fields of art,
science, and history; development, preservation, and
documentation of the National Collections; presentation of
public exhibits and performances; collection, preparation,
dissemination, and exchange of information and publications;
conduct of education, training, and museum assistance programs;
maintenance, alteration, operation, lease agreements of no more
than 30 years, and protection of buildings, facilities, and
approaches; not to exceed $100,000 for services as authorized
by 5 U.S.C. 3109; and purchase, rental, repair, and cleaning of
uniforms for employees, $793,658,000, to remain available until
September 30, 2021, except as otherwise provided herein; of
which not to exceed $6,908,000 for the instrumentation program,
collections acquisition, exhibition reinstallation, and the
repatriation of skeletal remains program shall remain available
until expended; and including such funds as may be necessary to
support American overseas research centers: Provided, That
funds appropriated herein are available for advance payments to
independent contractors performing research services or
participating in official Smithsonian presentations: Provided
further, That the Smithsonian Institution may expend Federal
appropriations designated in this Act for lease or rent
payments, as rent payable to the Smithsonian Institution, and
such rent payments may be deposited into the general trust
funds of the Institution to be available as trust funds for
expenses associated with the purchase of a portion of the
building at 600 Maryland Avenue, S.W., Washington, D.C. to the
extent that Federally supported activities will be housed
there: Provided further, That the use of such amounts in the
general trust funds of the Institution for such purpose shall
not be construed as Federal debt service for, a Federal
guarantee of, a transfer of risk to, or an obligation of the
Federal Government: Provided further, That no appropriated
funds may be used directly to service debt which is incurred to
finance the costs of acquiring a portion of the building at 600
Maryland Avenue, S.W., Washington, D.C., or of planning,
designing, and constructing improvements to such building:
Provided further, That any agreement entered into by the
Smithsonian Institution for the sale of its ownership interest,
or any portion thereof, in such building so acquired may not
take effect until the expiration of a 30 day period which
begins on the date on which the Secretary submits to the
Committees on Appropriations of the House of Representatives
and Senate, the Committees on House Administration and
Transportation and Infrastructure of the House of
Representatives, and the Committee on Rules and Administration
of the Senate a report, as outlined in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act), on the intended sale.
facilities capital
For necessary expenses of repair, revitalization, and
alteration of facilities owned or occupied by the Smithsonian
Institution, by contract or otherwise, as authorized by section
2 of the Act of August 22, 1949 (63 Stat. 623), and for
construction, including necessary personnel, $253,700,000, to
remain available until expended, of which not to exceed $10,000
shall be for services as authorized by 5 U.S.C. 3109.
National Gallery of Art
salaries and expenses
For the upkeep and operations of the National Gallery of Art,
the protection and care of the works of art therein, and
administrative expenses incident thereto, as authorized by the
Act of March 24, 1937 (50 Stat. 51), as amended by the public
resolution of April 13, 1939 (Public Resolution 9, Seventy-
sixth Congress), including services as authorized by 5 U.S.C.
3109; payment in advance when authorized by the treasurer of
the Gallery for membership in library, museum, and art
associations or societies whose publications or services are
available to members only, or to members at a price lower than
to the general public; purchase, repair, and cleaning of
uniforms for guards, and uniforms, or allowances therefor, for
other employees as authorized by law (5 U.S.C. 5901-5902);
purchase or rental of devices and services for protecting
buildings and contents thereof, and maintenance, alteration,
improvement, and repair of buildings, approaches, and grounds;
and purchase of services for restoration and repair of works of
art for the National Gallery of Art by contracts made, without
advertising, with individuals, firms, or organizations at such
rates or prices and under such terms and conditions as the
Gallery may deem proper, $147,022,000, to remain available
until September 30, 2021, of which not to exceed $3,660,000 for
the special exhibition program shall remain available until
expended.
repair, restoration and renovation of buildings
For necessary expenses of repair, restoration and renovation
of buildings, grounds and facilities owned or occupied by the
National Gallery of Art, by contract or otherwise, for
operating lease agreements of no more than 10 years, with no
extensions or renewals beyond the 10 years, that address space
needs created by the ongoing renovations in the Master
Facilities Plan, as authorized, $26,203,000, to remain
available until expended: Provided, That of this amount,
$1,000,000 shall be available for design of an off-site art
storage facility in partnership with the Smithsonian
Institution: Provided further, That contracts awarded for
environmental systems, protection systems, and exterior repair
or renovation of buildings of the National Gallery of Art may
be negotiated with selected contractors and awarded on the
basis of contractor qualifications as well as price.
John F. Kennedy Center for the Performing Arts
operations and maintenance
For necessary expenses for the operation, maintenance and
security of the John F. Kennedy Center for the Performing Arts,
$25,690,000.
capital repair and restoration
For necessary expenses for capital repair and restoration of
the existing features of the building and site of the John F.
Kennedy Center for the Performing Arts, $17,800,000, to remain
available until expended.
Woodrow Wilson International Center for Scholars
salaries and expenses
For expenses necessary in carrying out the provisions of the
Woodrow Wilson Memorial Act of 1968 (82 Stat. 1356) including
hire of passenger vehicles and services as authorized by 5
U.S.C. 3109, $14,000,000, to remain available until September
30, 2021.
National Foundation on the Arts and the Humanities
National Endowment for the Arts
grants and administration
For necessary expenses to carry out the National Foundation
on the Arts and the Humanities Act of 1965, $162,250,000 shall
be available to the National Endowment for the Arts for the
support of projects and productions in the arts, including arts
education and public outreach activities, through assistance to
organizations and individuals pursuant to section 5 of the Act,
for program support, and for administering the functions of the
Act, to remain available until expended.
National Endowment for the Humanities
grants and administration
For necessary expenses to carry out the National Foundation
on the Arts and the Humanities Act of 1965, $162,250,000 to
remain available until expended, of which $147,750,000 shall be
available for support of activities in the humanities, pursuant
to section 7(c) of the Act and for administering the functions
of the Act; and $14,500,000 shall be available to carry out the
matching grants program pursuant to section 10(a)(2) of the
Act, including $12,500,000 for the purposes of section 7(h):
Provided, That appropriations for carrying out section 10(a)(2)
shall be available for obligation only in such amounts as may
be equal to the total amounts of gifts, bequests, devises of
money, and other property accepted by the chairman or by
grantees of the National Endowment for the Humanities under the
provisions of sections 11(a)(2)(B) and 11(a)(3)(B) during the
current and preceding fiscal years for which equal amounts have
not previously been appropriated.
Administrative Provisions
None of the funds appropriated to the National Foundation on
the Arts and the Humanities may be used to process any grant or
contract documents which do not include the text of 18 U.S.C.
1913: Provided, That none of the funds appropriated to the
National Foundation on the Arts and the Humanities may be used
for official reception and representation expenses: Provided
further, That funds from nonappropriated sources may be used as
necessary for official reception and representation expenses:
Provided further, That the Chairperson of the National
Endowment for the Arts may approve grants of up to $10,000, if
in the aggregate the amount of such grants does not exceed 5
percent of the sums appropriated for grantmaking purposes per
year: Provided further, That such small grant actions are
taken pursuant to the terms of an expressed and direct
delegation of authority from the National Council on the Arts
to the Chairperson.
Commission of Fine Arts
salaries and expenses
For expenses of the Commission of Fine Arts under chapter 91
of title 40, United States Code, $3,240,000: Provided, That
the Commission is authorized to charge fees to cover the full
costs of its publications, and such fees shall be credited to
this account as an offsetting collection, to remain available
until expended without further appropriation: Provided
further, That the Commission is authorized to accept gifts,
including objects, papers, artwork, drawings and artifacts,
that pertain to the history and design of the Nation's Capital
or the history and activities of the Commission of Fine Arts,
for the purpose of artistic display, study, or education:
Provided further, That one-tenth of one percent of the funds
provided under this heading may be used for official reception
and representation expenses.
national capital arts and cultural affairs
For necessary expenses as authorized by Public Law 99-190 (20
U.S.C. 956a), $5,000,000.
Advisory Council on Historic Preservation
salaries and expenses
For necessary expenses of the Advisory Council on Historic
Preservation (Public Law 89-665), $7,378,000.
National Capital Planning Commission
salaries and expenses
For necessary expenses of the National Capital Planning
Commission under chapter 87 of title 40, United States Code,
including services as authorized by 5 U.S.C. 3109, $8,124,000:
Provided, That one-quarter of 1 percent of the funds provided
under this heading may be used for official reception and
representational expenses associated with hosting international
visitors engaged in the planning and physical development of
world capitals.
United States Holocaust Memorial Museum
holocaust memorial museum
For expenses of the Holocaust Memorial Museum, as authorized
by Public Law 106-292 (36 U.S.C. 2301-2310), $60,388,000, of
which $715,000 shall remain available until September 30, 2022,
for the Museum's equipment replacement program; and of which
$2,000,000 for the Museum's repair and rehabilitation program
and $1,264,000 for the Museum's outreach initiatives program
shall remain available until expended.
Presidio Trust
The Presidio Trust is authorized to issue obligations to the
Secretary of the Treasury pursuant to section 104(d)(3) of the
Omnibus Parks and Public Lands Management Act of 1996 (Public
Law 104-333), in an amount not to exceed $10,000,000.
Dwight d. Eisenhower Memorial Commission
salaries and expenses
For necessary expenses of the Dwight D. Eisenhower Memorial
Commission, $1,800,000, to remain available until expended.
women's suffrage centennial commission
salaries and expenses
For necessary expenses for the Women's Suffrage Centennial
Commission, as authorized by the Women's Suffrage Centennial
Commission Act (section 431(a)(3) of division G of Public Law
115-31), $1,000,000, to remain available until expended.
world war i centennial commission
salaries and expenses
Notwithstanding section 9 of the World War I Centennial
Commission Act, as authorized by the World War I Centennial
Commission Act (Public Law 112-272) and the Carl Levin and
Howard P. ``Buck'' McKeon National Defense Authorization Act
for Fiscal Year 2015 (Public Law 113-291), for necessary
expenses of the World War I Centennial Commission, $7,000,000,
to remain available until September 30, 2021: Provided, That
in addition to the authority provided by section 6(g) of such
Act, the World War I Commission may accept money, in-kind
personnel services, contractual support, or any appropriate
support from any executive branch agency for activities of the
Commission.
alyce spotted bear and walter soboleff commission on native children
(including transfer of funds)
For necessary expenses of the Alyce Spotted Bear and Walter
Soboleff Commission on Native Children (referred to in this
paragraph as the ``Commission''), $500,000, to remain available
until September 30, 2021: Provided, That amounts made
available to the Commission under the heading ``Department of
the Interior--Departmental Operations--Office of the
Secretary--Departmental Operations'' in division E of the
Consolidated Appropriations Act, 2019 (Public Law 116-6) may be
transferred to or merged with such amounts: Provided further,
That in addition to the authority provided by section 3(g)(5)
and 3(h) of Public Law 114-244, the Commission may hereafter
accept in-kind personnel services, contractual support, or any
appropriate support from any executive branch agency for
activities of the Commission.
TITLE IV
GENERAL PROVISIONS
(including transfers of funds)
restriction on use of funds
Sec. 401. No part of any appropriation contained in this Act
shall be available for any activity or the publication or
distribution of literature that in any way tends to promote
public support or opposition to any legislative proposal on
which Congressional action is not complete other than to
communicate to Members of Congress as described in 18 U.S.C.
1913.
obligation of appropriations
Sec. 402. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal
year unless expressly so provided herein.
disclosure of administrative expenses
Sec. 403. The amount and basis of estimated overhead
charges, deductions, reserves or holdbacks, including working
capital fund and cost pool charges, from programs, projects,
activities and subactivities to support government-wide,
departmental, agency, or bureau administrative functions or
headquarters, regional, or central operations shall be
presented in annual budget justifications and subject to
approval by the Committees on Appropriations of the House of
Representatives and the Senate. Changes to such estimates shall
be presented to the Committees on Appropriations for approval.
mining applications
Sec. 404. (a) Limitation of Funds.--None of the funds
appropriated or otherwise made available pursuant to this Act
shall be obligated or expended to accept or process
applications for a patent for any mining or mill site claim
located under the general mining laws.
(b) Exceptions.--Subsection (a) shall not apply if the
Secretary of the Interior determines that, for the claim
concerned (1) a patent application was filed with the Secretary
on or before September 30, 1994; and (2) all requirements
established under sections 2325 and 2326 of the Revised
Statutes (30 U.S.C. 29 and 30) for vein or lode claims,
sections 2329, 2330, 2331, and 2333 of the Revised Statutes (30
U.S.C. 35, 36, and 37) for placer claims, and section 2337 of
the Revised Statutes (30 U.S.C. 42) for mill site claims, as
the case may be, were fully complied with by the applicant by
that date.
(c) Report.--On September 30, 2021, the Secretary of the
Interior shall file with the House and Senate Committees on
Appropriations and the Committee on Natural Resources of the
House and the Committee on Energy and Natural Resources of the
Senate a report on actions taken by the Department under the
plan submitted pursuant to section 314(c) of the Department of
the Interior and Related Agencies Appropriations Act, 1997
(Public Law 104-208).
(d) Mineral Examinations.--In order to process patent
applications in a timely and responsible manner, upon the
request of a patent applicant, the Secretary of the Interior
shall allow the applicant to fund a qualified third-party
contractor to be selected by the Director of the Bureau of Land
Management to conduct a mineral examination of the mining
claims or mill sites contained in a patent application as set
forth in subsection (b). The Bureau of Land Management shall
have the sole responsibility to choose and pay the third-party
contractor in accordance with the standard procedures employed
by the Bureau of Land Management in the retention of third-
party contractors.
contract support costs, prior year limitation
Sec. 405. Sections 405 and 406 of division F of the
Consolidated and Further Continuing Appropriations Act, 2015
(Public Law 113-235) shall continue in effect in fiscal year
2020.
contract support costs, fiscal year 2020 limitation
Sec. 406. Amounts provided by this Act for fiscal year 2020
under the headings ``Department of Health and Human Services,
Indian Health Service, Contract Support Costs'' and
``Department of the Interior, Bureau of Indian Affairs and
Bureau of Indian Education, Contract Support Costs'' are the
only amounts available for contract support costs arising out
of self-determination or self-governance contracts, grants,
compacts, or annual funding agreements for fiscal year 2020
with the Bureau of Indian Affairs, Bureau of Indian Education,
and the Indian Health Service: Provided, That such amounts
provided by this Act are not available for payment of claims
for contract support costs for prior years, or for repayments
of payments for settlements or judgments awarding contract
support costs for prior years.
forest management plans
Sec. 407. The Secretary of Agriculture shall not be
considered to be in violation of subparagraph 6(f)(5)(A) of the
Forest and Rangeland Renewable Resources Planning Act of 1974
(16 U.S.C. 1604(f)(5)(A)) solely because more than 15 years
have passed without revision of the plan for a unit of the
National Forest System. Nothing in this section exempts the
Secretary from any other requirement of the Forest and
Rangeland Renewable Resources Planning Act (16 U.S.C. 1600 et
seq.) or any other law: Provided, That if the Secretary is not
acting expeditiously and in good faith, within the funding
available, to revise a plan for a unit of the National Forest
System, this section shall be void with respect to such plan
and a court of proper jurisdiction may order completion of the
plan on an accelerated basis.
prohibition within national monuments
Sec. 408. No funds provided in this Act may be expended to
conduct preleasing, leasing and related activities under either
the Mineral Leasing Act (30 U.S.C. 181 et seq.) or the Outer
Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) within the
boundaries of a National Monument established pursuant to the
Act of June 8, 1906 (16 U.S.C. 431 et seq.) as such boundary
existed on January 20, 2001, except where such activities are
allowed under the Presidential proclamation establishing such
monument.
limitation on takings
Sec. 409. Unless otherwise provided herein, no funds
appropriated in this Act for the acquisition of lands or
interests in lands may be expended for the filing of
declarations of taking or complaints in condemnation without
the approval of the House and Senate Committees on
Appropriations: Provided, That this provision shall not apply
to funds appropriated to implement the Everglades National Park
Protection and Expansion Act of 1989, or to funds appropriated
for Federal assistance to the State of Florida to acquire lands
for Everglades restoration purposes.
prohibition on no-bid contracts
Sec. 410. None of the funds appropriated or otherwise made
available by this Act to executive branch agencies may be used
to enter into any Federal contract unless such contract is
entered into in accordance with the requirements of Chapter 33
of title 41, United States Code, or Chapter 137 of title 10,
United States Code, and the Federal Acquisition Regulation,
unless--
(1) Federal law specifically authorizes a contract to
be entered into without regard for these requirements,
including formula grants for States, or federally
recognized Indian tribes;
(2) such contract is authorized by the Indian Self-
Determination and Education Assistance Act (Public Law
93-638, 25 U.S.C. 450 et seq.) or by any other Federal
laws that specifically authorize a contract within an
Indian tribe as defined in section 4(e) of that Act (25
U.S.C. 450b(e)); or
(3) such contract was awarded prior to the date of
enactment of this Act.
posting of reports
Sec. 411. (a) Any agency receiving funds made available in
this Act, shall, subject to subsections (b) and (c), post on
the public website of that agency any report required to be
submitted by the Congress in this or any other Act, upon the
determination by the head of the agency that it shall serve the
national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises
national security; or
(2) the report contains proprietary information.
(c) The head of the agency posting such report shall do so
only after such report has been made available to the
requesting Committee or Committees of Congress for no less than
45 days.
national endowment for the arts grant guidelines
Sec. 412. Of the funds provided to the National Endowment
for the Arts--
(1) The Chairperson shall only award a grant to an
individual if such grant is awarded to such individual
for a literature fellowship, National Heritage
Fellowship, or American Jazz Masters Fellowship.
(2) The Chairperson shall establish procedures to
ensure that no funding provided through a grant, except
a grant made to a State or local arts agency, or
regional group, may be used to make a grant to any
other organization or individual to conduct activity
independent of the direct grant recipient. Nothing in
this subsection shall prohibit payments made in
exchange for goods and services.
(3) No grant shall be used for seasonal support to a
group, unless the application is specific to the
contents of the season, including identified programs
or projects.
national endowment for the arts program priorities
Sec. 413. (a) In providing services or awarding financial
assistance under the National Foundation on the Arts and the
Humanities Act of 1965 from funds appropriated under this Act,
the Chairperson of the National Endowment for the Arts shall
ensure that priority is given to providing services or awarding
financial assistance for projects, productions, workshops, or
programs that serve underserved populations.
(b) In this section:
(1) The term ``underserved population'' means a
population of individuals, including urban minorities,
who have historically been outside the purview of arts
and humanities programs due to factors such as a high
incidence of income below the poverty line or to
geographic isolation.
(2) The term ``poverty line'' means the poverty line
(as defined by the Office of Management and Budget, and
revised annually in accordance with section 673(2) of
the Community Services Block Grant Act (42 U.S.C.
9902(2))) applicable to a family of the size involved.
(c) In providing services and awarding financial assistance
under the National Foundation on the Arts and Humanities Act of
1965 with funds appropriated by this Act, the Chairperson of
the National Endowment for the Arts shall ensure that priority
is given to providing services or awarding financial assistance
for projects, productions, workshops, or programs that will
encourage public knowledge, education, understanding, and
appreciation of the arts.
(d) With funds appropriated by this Act to carry out section
5 of the National Foundation on the Arts and Humanities Act of
1965--
(1) the Chairperson shall establish a grant category
for projects, productions, workshops, or programs that
are of national impact or availability or are able to
tour several States;
(2) the Chairperson shall not make grants exceeding
15 percent, in the aggregate, of such funds to any
single State, excluding grants made under the authority
of paragraph (1);
(3) the Chairperson shall report to the Congress
annually and by State, on grants awarded by the
Chairperson in each grant category under section 5 of
such Act; and
(4) the Chairperson shall encourage the use of grants
to improve and support community-based music
performance and education.
status of balances of appropriations
Sec. 414. The Department of the Interior, the Environmental
Protection Agency, the Forest Service, and the Indian Health
Service shall provide the Committees on Appropriations of the
House of Representatives and Senate quarterly reports on the
status of balances of appropriations including all uncommitted,
committed, and unobligated funds in each program and activity
within 60 days of enactment of this Act.
alyce spotted bear and walter soboleff commission on native children
Sec. 415. Section 3(a) of the Alyce Spotted Bear and Walter
Soboleff Commission on Native Children Act (Public Law 114-244)
is amended by striking ``in the Office of Tribal Justice of the
Department of Justice.''.
forest service communications site administration
Sec. 416. Subsection (f) of section 8705 of the Agriculture
Improvement Act of 2018 (Public Law 115-334) is amended by
striking paragraph (2) and inserting the following:
``(2) Requirements for fees collected.--Fees
collected by the Forest Service under subsection (c)(3)
shall be--
``(A) collected only to the extent provided
in advance in appropriations Acts;
``(B) based on the costs described in
subsection (c)(3); and
``(C) competitively neutral, technology
neutral, and nondiscriminatory with respect to
other users of the communications site.''.
extension of grazing permits
Sec. 417. The terms and conditions of section 325 of Public
Law 108-108 (117 Stat. 1307), regarding grazing permits issued
by the Forest Service on any lands not subject to
administration under section 402 of the Federal Lands Policy
and Management Act (43 U.S.C. 1752), shall remain in effect for
fiscal year 2020.
funding prohibition
Sec. 418. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network unless
such network is designed to block access to pornography
websites.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law
enforcement agency or any other entity carrying out criminal
investigations, prosecution, or adjudication activities.
humane transfer and treatment of animals
Sec. 419. (a) Notwithstanding any other provision of law, the
Secretary of the Interior, with respect to land administered by
the Bureau of Land Management, or the Secretary of Agriculture,
with respect to land administered by the Forest Service
(referred to in this section as the ``Secretary concerned''),
may transfer excess wild horses and burros that have been
removed from land administered by the Secretary concerned to
other Federal, State, and local government agencies for use as
work animals.
(b) The Secretary concerned may make a transfer under
subsection (a) immediately on the request of a Federal, State,
or local government agency.
(c) An excess wild horse or burro transferred under
subsection (a) shall lose status as a wild free-roaming horse
or burro (as defined in section 2 of Public Law 92-195
(commonly known as the ``Wild Free-Roaming Horses and Burros
Act'') (16 U.S.C. 1332)).
(d) A Federal, State, or local government agency receiving an
excess wild horse or burro pursuant to subsection (a) shall
not--
(1) destroy the horse or burro in a manner that
results in the destruction of the horse or burro into a
commercial product;
(2) sell or otherwise transfer the horse or burro in
a manner that results in the destruction of the horse
or burro for processing into a commercial product; or
(3) euthanize the horse or burro, except on the
recommendation of a licensed veterinarian in a case of
severe injury, illness, or advanced age.
(e) Amounts appropriated by this Act shall not be available
for--
(1) the destruction of any healthy, unadopted, and
wild horse or burro under the jurisdiction of the
Secretary concerned (including a contractor); or
(2) the sale of a wild horse or burro that results in
the destruction of the wild horse or burro for
processing into a commercial product.
forest service facility realignment and enhancement authorization
extension
Sec. 420. Section 503(f) of Public Law 109-54 (16 U.S.C.
580d note) shall be applied by substituting ``September 30,
2020'' for ``September 30, 2019''.
use of american iron and steel
Sec. 421. (a)(1) None of the funds made available by a State
water pollution control revolving fund as authorized by section
1452 of the Safe Drinking Water Act (42 U.S.C. 300j-12) shall
be used for a project for the construction, alteration,
maintenance, or repair of a public water system or treatment
works unless all of the iron and steel products used in the
project are produced in the United States.
(2) In this section, the term ``iron and steel'' products
means the following products made primarily of iron or steel:
lined or unlined pipes and fittings, manhole covers and other
municipal castings, hydrants, tanks, flanges, pipe clamps and
restraints, valves, structural steel, reinforced precast
concrete, and construction materials.
(b) Subsection (a) shall not apply in any case or category of
cases in which the Administrator of the Environmental
Protection Agency (in this section referred to as the
``Administrator'') finds that--
(1) applying subsection (a) would be inconsistent
with the public interest;
(2) iron and steel products are not produced in the
United States in sufficient and reasonably available
quantities and of a satisfactory quality; or
(3) inclusion of iron and steel products produced in
the United States will increase the cost of the overall
project by more than 25 percent.
(c) If the Administrator receives a request for a waiver
under this section, the Administrator shall make available to
the public on an informal basis a copy of the request and
information available to the Administrator concerning the
request, and shall allow for informal public input on the
request for at least 15 days prior to making a finding based on
the request. The Administrator shall make the request and
accompanying information available by electronic means,
including on the official public Internet Web site of the
Environmental Protection Agency.
(d) This section shall be applied in a manner consistent with
United States obligations under international agreements.
(e) The Administrator may retain up to 0.25 percent of the
funds appropriated in this Act for the Clean and Drinking Water
State Revolving Funds for carrying out the provisions described
in subsection (a)(1) for management and oversight of the
requirements of this section.
rescission of funds
Sec. 422. Any amounts made available for fiscal year 2020
pursuant to section 8705(f)(2) of Public Law 115-334 as amended
by this Act, are hereby rescinded.
john f. kennedy center reauthorization
Sec. 423. Section 13 of the John F. Kennedy Center Act (20
U.S.C. 76r) is amended by striking subsections (a) and (b) and
inserting the following:
``(a) Maintenance, Repair, and Security.--There is authorized
to be appropriated to the Board to carry out section
4(a)(1)(H), $25,690,000 for fiscal year 2020.
``(b) Capital Projects.--There is authorized to be
appropriated to the Board to carry out subparagraphs (F) and
(G) of section 4(a)(1), $17,800,000 for fiscal year 2020.''.
local cooperator training agreements and transfers of excess equipment
and supplies for wildfires
Sec. 424. The Secretary of the Interior is authorized to
enter into grants and cooperative agreements with volunteer
fire departments, rural fire departments, rangeland fire
protection associations, and similar organizations to provide
for wildland fire training and equipment, including supplies
and communication devices. Notwithstanding 121(c) of title 40,
United States Code, or section 521 of title 40, United States
Code, the Secretary is further authorized to transfer title to
excess Department of the Interior firefighting equipment no
longer needed to carry out the functions of the Department's
wildland fire management program to such organizations.
recreation fees
Sec. 425. Section 810 of the Federal Lands Recreation
Enhancement Act (16 U.S.C. 6809) shall be applied by
substituting ``October 1, 2021'' for ``September 30, 2019''.
reprogramming guidelines
Sec. 426. None of the funds made available in this Act, in
this and prior fiscal years, may be reprogrammed without the
advance approval of the House and Senate Committees on
Appropriations in accordance with the reprogramming procedures
contained in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated Act).
project information
Sec. 427. (a) Within 60 days of the submission of the fiscal
year 2021 budget or by April 1, 2020, whichever comes first,
the Secretary of the Interior and the Secretary of Agriculture
shall submit to the Committees on Appropriations of the House
of Representatives and the Senate prioritized and detailed
lists of Federal land acquisition projects, and Forest Legacy
projects, that have been identified by each land management
Agency.
(b) The Federal land acquisition project lists required by
each Agency in subsection (a) shall include individual projects
for the National Park Service, the U.S. Fish and Wildlife
Service, the Bureau of Land Management, and the U.S. Forest
Service, and shall total for each agency no less than 150
percent of the amount enacted for that agency for the previous
fiscal year.
local contractors
Sec. 428. Section 412 of Division E of Public Law 112-74
shall be applied by substituting ``fiscal year 2020'' for
``fiscal year 2019''.
shasta-trinity marina fee authority authorization extension
Sec. 429. Section 422 of division F of Public Law 110-161
(121 Stat 1844), as amended, shall be applied by substituting
``fiscal year 2020'' for ``fiscal year 2019''.
interpretive association authorization extension
Sec. 430. Section 426 of division G of Public Law 113-76 (16
U.S.C. 565a-1 note) shall be applied by substituting
``September 30, 2020'' for ``September 30, 2019''.
puerto rico schooling authorization extension
Sec. 431. The authority provided by the 19th unnumbered
paragraph under heading ``Administrative Provisions, Forest
Service'' in title III of Public Law 109-54, as amended, shall
be applied by substituting ``fiscal year 2020'' for ``fiscal
year 2019''.
forest botanical products fee collection authorization extension
Sec. 432. Section 339 of the Department of the Interior and
Related Agencies Appropriations Act, 2000 (as enacted into law
by Public Law 106-113; 16 U.S.C. 528 note), as amended by
section 335(6) of Public Law 108-108 and section 432 of Public
Law 113-76, shall be applied by substituting ``fiscal year
2020'' for ``fiscal year 2019''.
alaska native regional health entities authorization extension
Sec. 433. Section 424(a) of the Consolidated Appropriations
Act, 2014 (Public Law 113-76), as amended by section 428 of the
Consolidated Appropriations Act, 2018 (Public Law 115-141),
shall be applied by substituting ``October 1, 2020'' for
``October 1, 2019''.
chesapeake bay initiative
Sec. 434. Section 502(c) of the Chesapeake Bay Initiative
Act of 1998 (Public Law 105-312; 54 U.S.C. 320101 note) shall
be applied by substituting ``fiscal year 2020'' for ``fiscal
year 2019''.
forest service budget restructure
Sec. 435. (a) The Secretary of Agriculture shall establish
the ``Forest Service Operations'' account not later than
October 1, 2020, for the necessary expenses of the Forest
Service: (1) for the base salary and expenses of employees in
the Chief's Office, the Work Environment and Performance
Office, the Business Operations Deputy Area, and the Chief
Financial Officer's Office to carry out administrative and
general management support functions; (2) for the costs of
facility maintenance, repairs, and leases for buildings and
sites; (3) for the costs of utility and communication expenses,
business services, and information technology, including
cybersecurity requirements; and (4) for such other
administrative support function expenses necessary for the
operation of the Forest Service.
(b) Subsequent to the establishment of the account under
subsection (a), the Secretary of Agriculture may execute
appropriations of the Department for fiscal year 2021 as
provided pursuant to such subsection, including any continuing
appropriations made available for fiscal year 2021 before
enactment of a regular appropriations Act.
(c) Notwithstanding any other provision of law, the Secretary
of Agriculture may transfer any unobligated balances made
available to the Forest Service by this or prior appropriations
Acts to the account established under subsection (a) to carry
out such subsection, and shall notify the Committees on
Appropriations of the Senate and the House of Representatives
within 5 days of such transfer: Provided, That no amounts may
be transferred from amounts that were made available for
wildfire suppression operations pursuant to section
251(b)(2)(F) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
(d)(1) Not later than November 1, 2020, the Secretary of
Agriculture shall establish the preliminary baseline for
application of transfer authorities and submit the report
specified in paragraph (2) to the Committees on Appropriations
for the Senate and the House of Representatives.
(2) The report required in this subsection shall
include--
(A) a delineation of the amount and account
of each transfer made pursuant to subsection
(b) or (c);
(B) a table for each appropriation with a
separate column to display the fiscal year 2020
enacted levels, adjustments made by Congress,
adjustments due to enacted rescissions, if
appropriate, and adjustments made pursuant to
the transfer authority in subsection (b) or
(c), and the resulting fiscal year level;
(C) a delineation in the table for each
appropriation, adjusted as described in
paragraph (2), both by budget activity and
program, project, and activity as detailed in
the Budget Appendix; and
(D) an identification of funds directed for a
specific activity.
timber sale requirements
Sec. 436. No timber sale in Alaska's Region 10 shall be
advertised if the indicated rate is deficit (defined as the
value of the timber is not sufficient to cover all logging and
stumpage costs and provide a normal profit and risk allowance
under the Forest Service's appraisal process) when appraised
using a residual value appraisal. The western red cedar timber
from those sales which is surplus to the needs of the domestic
processors in Alaska, shall be made available to domestic
processors in the contiguous 48 United States at prevailing
domestic prices. All additional western red cedar volume not
sold to Alaska or contiguous 48 United States domestic
processors may be exported to foreign markets at the election
of the timber sale holder. All Alaska yellow cedar may be sold
at prevailing export prices at the election of the timber sale
holder.
prohibition on use of funds
Sec. 437. Notwithstanding any other provision of law, none
of the funds made available in this Act or any other Act may be
used to promulgate or implement any regulation requiring the
issuance of permits under title V of the Clean Air Act (42
U.S.C. 7661 et seq.) for carbon dioxide, nitrous oxide, water
vapor, or methane emissions resulting from biological processes
associated with livestock production.
greenhouse gas reporting restrictions
Sec. 438. Notwithstanding any other provision of law, none
of the funds made available in this or any other Act may be
used to implement any provision in a rule, if that provision
requires mandatory reporting of greenhouse gas emissions from
manure management systems.
funding prohibition
Sec. 439. None of the funds made available by this or any
other Act may be used to regulate the lead content of
ammunition, ammunition components, or fishing tackle under the
Toxic Substances Control Act (15 U.S.C. 2601 et seq.) or any
other law.
policies relating to biomass energy
Sec. 440. To support the key role that forests in the United
States can play in addressing the energy needs of the United
States, the Secretary of Energy, the Secretary of Agriculture,
and the Administrator of the Environmental Protection Agency
shall, consistent with their missions, jointly--
(1) ensure that Federal policy relating to forest
bioenergy--
(A) is consistent across all Federal
departments and agencies; and
(B) recognizes the full benefits of the use
of forest biomass for energy, conservation, and
responsible forest management; and
(2) establish clear and simple policies for the use
of forest biomass as an energy solution, including
policies that--
(A) reflect the carbon-neutrality of forest
bioenergy and recognize biomass as a renewable
energy source, provided the use of forest
biomass for energy production does not cause
conversion of forests to non-forest use;
(B) encourage private investment throughout
the forest biomass supply chain, including in--
(i) working forests;
(ii) harvesting operations;
(iii) forest improvement operations;
(iv) forest bioenergy production;
(v) wood products manufacturing; or
(vi) paper manufacturing;
(C) encourage forest management to improve
forest health; and
(D) recognize State initiatives to produce
and use forest biomass.
small remote incinerators
Sec. 441. None of the funds made available in this Act may
be used to implement or enforce the regulation issued on March
21, 2011 at 40 CFR part 60 subparts CCCC and DDDD with respect
to units in the State of Alaska that are defined as ``small,
remote incinerator'' units in those regulations and, until a
subsequent regulation is issued, the Administrator shall
implement the law and regulations in effect prior to such date.
chaco canyon
Sec. 442. None of the funds made available by this Act may
be used to accept a nomination for oil and gas leasing under 43
CFR 3120.3 et seq, or to offer for oil and gas leasing, any
Federal lands within the withdrawal area identified on the map
of the Chaco Culture National Historical Park prepared by the
Bureau of Land Management and dated April 2, 2019, prior to the
completion of the cultural resources investigation identified
in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act).
david r. obey northern great lakes visitor center
Sec. 443. (a) Designation.--The Northern Great Lakes Visitor
Center located in Ashland, Wisconsin, the title to which is
owned by the Forest Service, shall be known and designated as
the ``David R. Obey Northern Great Lakes Visitor Center''.
(b) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
facility referred to in subsection (a) shall be deemed to be a
reference to the ``David R. Obey Northern Great Lakes Visitor
Center''.
This division may be cited as the ``Department of the
Interior, Environment, and Related Agencies Appropriations Act,
2020''.
[Clerk's note.--Reproduced below is the material relating
to division D contained in the Explanatory Statement regarding
H.R. 1865, the Further 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 H11281 of
Book III.
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DIVISION D--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2020
The following statement is an explanation of the effects of
Division D, which provides appropriations for the Department of
the Interior, the Environmental Protection Agency (EPA), the
Forest Service, the Indian Health Service, and related agencies
for fiscal year 2020.
The explanatory statement accompanying this Act is approved
and indicates congressional intent. Report language contained
in House Report 116-100 and Senate Report 116-123 providing
specific guidance to agencies regarding the administration of
appropriated funds and any corresponding reporting requirements
carries the same emphasis as the language included in this
explanatory statement and should be complied with unless
specifically addressed to the contrary herein. This 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 the House report, Senate report, or this
explanatory statement direct the submission of a report, such
report is to be submitted to both the House and Senate
Committees on Appropriations. Where this explanatory statement
refers to the Committees or the Committees on Appropriations,
unless otherwise noted, this reference is to the House
Subcommittee on Interior, Environment, and Related Agencies and
the Senate Subcommittee on Interior, Environment, and Related
Agencies.
Each department and agency funded in this Act is directed
to follow the directions set forth in this Act and the
accompanying statement and to not reallocate resources or
reorganize activities except as provided herein or otherwise
approved by the House and Senate Appropriations Committees
through the reprogramming process as referenced in this Act.
This explanatory statement addresses only those agencies and
accounts for which there is a need for greater explanation than
provided in the Act itself. Funding levels for appropriations
by account, program, and activity, with comparisons to the
fiscal year 2019 enacted level and the fiscal year 2020 budget
request, can be found in the table at the end of this division.
Unless expressly stated otherwise, any reference to ``this
Act'' or ``at the end of this statement'' shall be treated as
referring only to the provisions of this division.
Bureau of Land Management, Reorganization.--The Department
has not fulfilled its obligation to fully communicate the
organizational and financial details of the reorganization and
relocation of the Bureau's Washington, DC headquarters. It has
not provided Bureau employees, Congress, agency stakeholders or
the general public with adequate information regarding this
move. Furthermore, it has not explained how it will sustain its
operations and remain an effective land management agency
following the anticipated loss of much of its senior management
and the expected significant attrition of its workforce caused
by the reorganization. The Department is therefore directed to
begin monthly briefings with the Committees on Appropriations
on the status of the reorganization, including in an initial
briefing explaining the Bureau's plan for ensuring continuity
of agency operations and addressing the immediate impacts of
likely staff shortages caused by the reorganization.
Requirement Relating to Information Requests.--The head of
a Federal agency that receives funds under this Act or any
other Act making appropriations for the Department of the
Interior, environment, and related agencies for any other
fiscal year shall respond completely and in full to a written
request for information received by the head of the Federal
Agency from the Comptroller General of the United States
relating to a decision or opinion on appropriations law not
later than the earlier of: (1) the date that is 45 days after
the date on which the head of the Federal agency receives the
written request; and (2) the date otherwise established by the
Comptroller General of the United States in the written
request. If the information requested by the Comptroller
General of the United States is not readily available and the
head of the Federal agency that received the written request is
not able to respond completely and in full within the time
period described, the head of the Federal agency shall by the
deadline established in the preceding sentence respond in
writing to provide as much information as practicable at the
time of the response; and an explanation for the reason why the
head of the Federal agency is unable to respond completely and
in full at the time of the response; and a proposed timetable
for the submission of all remaining requested information. Not
later than 30 days after the date on which a response is
submitted to the Comptroller General of the United States and
every 30 days thereafter until the date on which the head of
the Federal agency responds completely and in full to the
request for information, as determined by the Comptroller
General of the United States, the head of the Federal agency
shall update in writing the response provided.
Chaco Canyon.--On May 28, 2019, the Secretary announced
that the Department will refrain from oil and gas leasing
within the 10-mile radius of Chaco Culture National Historical
Park pending completion of planning activities and tribal
consultation. The Bureau of Land Management is directed not to
conduct any oil and gas leasing activities authorized by
section 17 of the Mineral Leasing Act (30 U.S.C. 226) in the
withdrawal area identified on the map of the Chaco Culture
National Historical Park prepared by the Bureau of Land
Management and dated April 2, 2019, until the completion of the
cultural resources investigation included in this agreement as
part of the Bureau of Indian Affairs--Operation of Indian
Programs appropriation. Nothing in this directive prohibits an
Indian tribe or individual member of an Indian tribe or
allottee from developing mineral rights under the Indian
Mineral Leasing Act.
105(l) Lease costs.--Estimates for lease costs resulting
from section 105 of the Indian Self-Determination and Education
Assistance Act continue to increase and have the potential to
increase over the coming months. The uncertainty surrounding
the 105(l) lease agreement estimates has inserted a high level
of unpredictability into the budget process and has placed the
House and Senate Committees on Appropriations in the difficult
position where rapidly escalating requirements for lease costs
are negatively impacting the ability to use discretionary
appropriations to support core tribal programs, including
health, education and construction programs, or provide
essential fixed cost requirements. Obligations of this nature
are typically addressed through mandatory spending, but in this
case since they fall under discretionary spending, they are
impacting all other programs funded under the Interior and
Environment Appropriations bill, including other equally
important Tribal programs, and they appear to be growing
exponentially without the Administration developing a long-term
funding strategy to address them. The agreement notes that
payments for 105(l) leases directly resulting from decisions in
the case of Maniilaq Ass'n v. Burwell in both 2014 (72 F. Supp.
3d 227 (D.D.C. 2014)) and 2016 (70 F. Supp. 3d 243 (D.D.C.
2016)) appear to create an entitlement to compensation for
105(l) leases that is typically not funded through
discretionary appropriations. The Department of the Interior
and the Department of Health and Human Services are directed to
consult with Tribes and work with the House and Senate
committees of jurisdiction, the Office of Management and
Budget, and the Committees on Appropriations to formulate long-
term accounting, budget, and legislative strategies to address
the situation, including discussions about whether, in light of
the Maniilaq decisions, these funds should be reclassified as
an appropriated entitlement.
Bighorn Sheep.--In lieu of House direction, the Department
of the Interior and the Forest Service shall follow the
direction included in Senate Report 116-123 with regards to
Bighorn Sheep.
Land and Water Conservation Fund.--The bill includes
$495,103,000 in new budget authority to be derived from the
Land and Water Conservation Fund (LWCF) for programs consistent
with chapter 2003 of title 54 of the United States Code, as
identified in the table below.
----------------------------------------------------------------------------------------------------------------
FY 2019 Enacted Budget Request This Bill
----------------------------------------------------------------------------------------------------------------
Land and Water Conservation Fund....................... $438,303,000 32,882,000 $495,103,000
State, Local and Forest Legacy Programs............ 248,796,000 5,000,000 257,790,000
National Park Service State Assistance......... 124,006,000 0 140,000,000
Coop. Endangered Species Conservation Fund..... 30,800,000 0 30,800,000
American Battlefield Protection Act............ 10,000,000 5,000,000 13,000,000
Highlands Conservation Act..................... 20,000,000 0 10,000,000
Forest Legacy Program.............................. 63,990,000 0 63,990,000
Rescission..................................... -1,503,000 -31,008,000 -18,771,000
Federal Land Acquisition........................... 189,507,000 27,882,000 237,313,000
Bureau of Land Management...................... 28,316,000 0 32,300,000
Fish and Wildlife Service...................... 45,189,000 9,864,000 60,715,000
National Park Service.......................... 34,438,000 9,828,000 55,400,000
Forest Service................................. 72,564,000 0 78,898,000
Department of the Interior Valuation Services.. 9,000,000 8,190,000 10,000,000
Rescissions.................................... -1,800,000 -25,324,000 -10,274,000
----------------------------------------------------------------------------------------------------------------
Mitigation from Border Barrier Construction.--The agreement
does not include direction requiring a report on the impacts of
border barrier construction.
Project Identification and Prioritization.--The bill
contains statutory language in Title IV directing the
submission of detailed and prioritized project lists by a date
certain.
Recreational Access.--The Department of the Interior and
the Forest Service shall follow the direction contained in the
Senate Report 116-123.
Study on Outdoor Recreation.--The Comptroller General shall
conduct a study that identifies programs carried out by federal
agencies that directly impact the outdoor recreation sector.
The study should present federal spending information for these
programs, and in conducting the study, the Comptroller General
should obtain information as appropriate from relevant
stakeholders, including but not necessarily limited to
representatives of the outdoor recreation industry,
nongovernmental organizations, the Bureau of Economic Analysis
of the U.S. Department of Commerce, and other interested
stakeholders. The Comptroller General should work with relevant
staff of the House and Senate Appropriations Committees to
determine the federal agencies and fiscal years to be covered
by the study. The Comptroller General should brief the
Committees on the results of the study within one year, with a
report to follow thereafter.
Reports and Studies.--The agreement does not include the
direction regarding a National Academy of Sciences report of
the impacts on ecosystem services from mining and a mineral
withdrawal study.
REPROGRAMMING GUIDELINES
The following are the procedures governing reprogramming
actions for programs and activities funded in the Department of
the Interior, Environment, and Related Agencies Appropriations
Act. The House and Senate Committees on Appropriations are
dismayed by multiple agencies' lack of strict adherence to the
Committees' reprogramming guidelines and agencies funded by
this Act are reminded that no reprogramming shall be
implemented without the advance approval of the House and
Senate Committees on Appropriations in accordance with the
procedures included in this Act. The agencies funded in this
Act are reminded that these reprogramming guidelines are in
effect, and must be complied with, until such time as the
Committees modify them through bill or report language.
Definitions.--``Reprogramming,'' as defined in these
procedures, includes the reallocation of funds from one budget
activity, budget line-item, or program area to another within
any appropriation funded in this Act. In cases where either the
House or Senate Committee on Appropriations report displays an
allocation of an appropriation below that level, the more
detailed level shall be the basis for reprogramming.
For construction, land acquisition, and forest legacy
accounts, a reprogramming constitutes the reallocation of
funds, including unobligated balances, from one construction,
land acquisition, or forest legacy project to another such
project.
A reprogramming shall also consist of any significant
departure from the program described in the agency's budget
justifications. This includes all proposed reorganizations or
other workforce actions detailed below which affect a total of
10 staff members or 10 percent of the staffing of an affected
program or office, whichever is less, even without a change in
funding. Any change to the organization table presented in the
budget justification shall also be subject to this requirement.
It is noted that agencies funded by this Act are continuing
to work to implement Executive Order 13781, a Comprehensive
Plan for Reorganizing the Executive Branch, and have included
in the fiscal year 2020 budget request funding for these
activities. It is also noted that agencies funded by this Act
continue to weigh additional organizational changes during the
fiscal year. Agencies are reminded that this recommendation
continues longstanding General Guidelines for Reprogramming
that require agencies funded by this Act to submit
reorganization proposals for the Committees' review prior to
their implementation. It is noted that such reprogramming
guidelines apply to proposed reorganizations, workforce
restructure, reshaping, transfer of functions, or bureau-wide
downsizing and include closures, consolidations, and
relocations of offices, facilities, and laboratories. In
addition, no agency shall implement any part of a
reorganization that modifies regional or State boundaries for
agencies or bureaus that were in effect as of the date of
enactment of this Act unless approved consistent with the
General Guidelines for Reprogramming procedures specified
herein. Any such reprogramming request submitted to the
Committees on Appropriations shall include a description of
anticipated benefits, including anticipated efficiencies and
cost-savings, as well as a description of anticipated personnel
impacts and funding changes anticipated to implement the
proposal.
General Guidelines for Reprogramming.--
(a) A reprogramming should be made only when an unforeseen
situation arises, and then only if postponement of the project
or the activity until the next appropriation year would result
in actual loss or damage.
(b) Any project or activity, which may be deferred through
reprogramming, shall not later be accomplished by means of
further reprogramming, but instead, funds should again be
sought for the deferred project or activity through the regular
appropriations process.
(c) Except under the most urgent situations, reprogramming
should not be employed to initiate new programs or increase
allocations specifically denied or limited by Congress, or to
decrease allocations specifically increased by the Congress.
(d) Reprogramming proposals submitted to the House and
Senate Committees on Appropriations for approval will be
considered as expeditiously as possible, and the Committees
remind the agencies that in order to process reprogramming
requests, adequate and timely information must be provided.
Criteria and Exceptions.--A reprogramming must be submitted
to the Committees in writing prior to implementation if it
exceeds $1,000,000 annually or results in an increase or
decrease of more than 10 percent annually in affected programs
or projects, whichever amount is less, with the following
exceptions:
(a) With regard to the Tribal priority allocations of the
Bureau of Indian Affairs (BIA) and Bureau of Indian Education
(BIE), there is no restriction on reprogrammings among these
programs. However, the Bureaus shall report on all
reprogrammings made during a given fiscal year no later than 60
days after the end of the fiscal year.
(b) With regard to the EPA, the Committees do not require
reprogramming requests associated with the States and Tribes
Partnership Grants or up to a cumulative total of $5,000,000
from carryover balances among the individual program areas
delineated in the Environmental Programs and Management
account, with no more than $1,000,000 coming from any
individual program area. No funds, however, shall be
reallocated from individual Geographic Programs.
(c) With regard to the National Park Service, the
Committees do not require reprogramming requests associated
with the park base within the Park Management activity in the
Operation of the National Park System Account. The Service is
required to brief the House and Senate Committees on
Appropriations on spending trends for the park base within 60
days of enactment of this Act.
Assessments.--``Assessment'' as defined in these procedures
shall refer to any charges, reserves, or holdbacks applied to a
budget activity or budget line item for costs associated with
general agency administrative costs, overhead costs, working
capital expenses, or contingencies.
(a) No assessment shall be levied against any program,
budget activity, subactivity, budget line item, or project
funded by the Interior, Environment, and Related Agencies
Appropriations Act unless such assessment and the basis
therefore are presented to the Committees in the budget
justifications and are subsequently approved by the Committees.
The explanation for any assessment in the budget justification
shall show the amount of the assessment, the activities
assessed, and the purpose of the funds.
(b) Proposed changes to estimated assessments, as such
estimates were presented in annual budget justifications, shall
be submitted through the reprogramming process and shall be
subject to the same dollar and reporting criteria as any other
reprogramming.
(c) Each agency or bureau which utilizes assessments shall
submit an annual report to the Committees, which provides
details on the use of all funds assessed from any other budget
activity, line item, subactivity, or project.
(d) In no case shall contingency funds or assessments be
used to finance projects and activities disapproved or limited
by Congress or to finance programs or activities that could be
foreseen and included in the normal budget review process.
(e) New programs requested in the budget should not be
initiated before enactment of the bill without notification to,
and the approval of, the Committees. This restriction applies
to all such actions regardless of whether a formal
reprogramming of funds is required to begin the program.
Quarterly Reports.--All reprogrammings between budget
activities, budget line-items, program areas, or the more
detailed activity levels shown in this recommendation,
including those below the monetary thresholds established
above, shall be reported to the Committees within 60 days of
the end of each quarter and shall include cumulative totals for
each budget activity or budget line item, or construction, land
acquisition, or forest legacy project.
Land Acquisitions, Easements, and Forest Legacy.--Lands
shall not be acquired for more than the approved appraised
value, as addressed in section 301(3) of Public Law 91-646,
unless such acquisitions are submitted to the Committees on
Appropriations for approval in compliance with these
procedures.
Land Exchanges.--Land exchanges, wherein the estimated
value of the Federal lands to be exchanged is greater than
$1,000,000, shall not be consummated until the Committees have
had 30 days in which to examine the proposed exchange. ln
addition, the Committees shall be provided advance notification
of exchanges valued between $500,000 and $1,000,000.
Budget Structure.--The budget activity or line item
structure for any agency appropriation account shall not be
altered without advance approval of the Committees.
TITLE I--DEPARTMENT OF THE INTERIOR
Bureau of Land Management
MANAGEMENT OF LANDS AND RESOURCES
(INCLUDING RESCISSION OF FUNDS)
Management of Lands and Resources (MLR).--The bill provides
$1,237,015,000 for the Management of Land and Resources
appropriation. Specific allocations at the activity and
subactivity level are contained in the table at the back of
this explanatory statement. The increase provided in the
Cultural Resources Management subactivity is for the National
Cultural Resources Information Management System as directed in
House Report 116-100. Within funds made available in the
Wildlife Habitat Management subactivity, $64,000,000 shall be
for sage grouse conservation. Of the increase provided in the
Recreational Resources Management subactivity, $1,000,000 shall
be for the historic and scenic trails program. The bill also
provides for two-year availability of funds within the MLR
appropriation, with certain exceptions. The Bureau is directed
to brief the Committees on Appropriations within 30 days of
enactment of this Act, and quarterly thereafter, on the
budgetary transition.
Wild Horse and Burro Management.--For the wild horse and
burro program, the bill contains a total appropriation of
$101,555,000, of which $21,000,000 shall not be available for
obligation until 60 days after the Bureau submits a
comprehensive and detailed plan for an aggressive, non-lethal
population control strategy. For purposes of the plan to be
submitted, the directives expressed by the House and Senate in
House Report 116-100 and Senate Report 116-123, respectively,
shall prevail, particularly with respect to strict compliance
with the Bureau's Comprehensive Animal Welfare Program. In
addition, the plan shall also include no less than five
consecutive years of detailed expenditure estimates beginning
with fiscal year 2020. The plan shall also include a thorough
discussion of the Bureau's proposed management of the
logistical details of the strategy, including but not limited
to: (1) the number of individuals currently assigned and
actively working in the program and the number of additional
personnel needed to implement the strategy; (2) the resources
(including personnel and equipment) currently available for
animal gathers and the increases needed in those resources to
substantially increase the number of animals gathered for
removal to achieve appropriate management levels; (3) the
number of all short-term and long-term holding facilities
currently under contract (including their current holding
capacity and when those contracts expire), and an estimate of
the number of additional facilities that will be needed and the
Bureau's strategy to obtain those facilities, and; (4) the
amount of fertility control resources currently available, the
additional resources anticipated to be needed and the plan for
obtaining those resources, and the plan for administering those
resources, all focused on implementing a strategy aimed at
minimizing future removals and maximizing treatment and
retreatment of on-range animals to maintain appropriate
management levels. Finally, the Bureau shall brief the
Committees upon submission of the report, and quarterly
thereafter.
Bureau of Land Management Directives.--The Bureau is
reminded of the importance of the directives included in House
Report 116-100 and Senate Report 116-123.
Soda Ash.--The Bureau shall follow the directive contained
in Senate Report 116-123.
CONSTRUCTION
(INCLUDING RESCISSION OF FUNDS)
The bill rescinds unobligated balances from prior year
appropriations that are no longer needed.
LAND ACQUISITION
(INCLUDING RESCISSION OF FUNDS)
The bill provides $32,300,000 in new budget authority for
the Land Acquisition account and includes a rescission of
$2,367,000 to be derived from prior year unobligated balances.
The amounts provided by this bill for projects are shown in the
table below and are listed in the priority order and in the
amounts recommended by the Bureau for fiscal year 2020.
----------------------------------------------------------------------------------------------------------------
State Project This Bill
----------------------------------------------------------------------------------------------------------------
AZ......................................... Aravaipa Canyon Access............. $2,600,000
CA......................................... Bodie Hills........................ 900,000
CA......................................... Los Gatos Creek Ranch.............. 1,200,000
CO......................................... McInnis Canyons National 600,000
Conservation Area.
ID......................................... Coeur d'Alene Lake Special 1,300,000
Recreation Management Area.
MT......................................... Blackfoot River Watershed.......... 3,500,000
OR......................................... Sandy River........................ 500
OR......................................... Table Rocks Special Recreational 2,700,000
Management Area.
-------------------------------
Subtotal, Line Item Projects....... 13,300,000
----------------------------------------------------------------------------------------------------------------
Budget
Request This Bill
----------------------------------------------------------------------------------------------------------------
Acquisition Management............. 0 2,500,000
Recreational Access................ 0 13,000,000
Emergencies, Hardships, and 0 3,500,000
Inholdings.
Rescission of Funds................ -10,000,000 -2,367,000
-------------------------------
Total, BLM Land Acquisition........ -10,000,000 29,933,000
----------------------------------------------------------------------------------------------------------------
OREGON AND CALIFORNIA GRANT LANDS
The bill provides $112,094,000 for the Oregon and
California Grant Lands appropriation. Specific allocations at
the activity level are contained in the table at the back of
this explanatory statement.
RANGE IMPROVEMENTS
The bill provides $10,000,000 to be derived from public
lands receipts and Bankhead-Jones Farm Tenant Act lands grazing
receipts.
SERVICE CHARGES, DEPOSITS, AND FORFEITURES
The bill provides an indefinite appropriation estimated to
be $26,000,000 for Service Charges, Deposits, and Forfeitures.
MISCELLANEOUS TRUST FUNDS
The bill provides an indefinite appropriation estimated to
be $26,000,000 for Miscellaneous Trust Funds.
United States Fish and Wildlife Service
RESOURCE MANAGEMENT
The bill provides $1,364,289,000 for Resource Management.
All programs and activities, including youth programs, are
funded at the amounts enacted in fiscal year 2019 unless
otherwise specified below or in the table at the end of this
division. The Service is expected to comply with the
instructions and requirements at the beginning of this division
and in House Report 116-100 and Senate Report 116-123 unless
otherwise specified below.
Ecological Services.--The agreement provides $266,012,000
for programs and activities within Ecological Services.
Planning and Consultation.--The agreement provides
$109,016,000 for project permitting and consultation activities
which includes $3,500,000 to avoid permitting delays and to
achieve compliance with other statutes and $84,531,000 for
general program activities.
Conservation and Restoration.--The agreement provides
$33,696,000 for conservation and restoration activities.
Candidate Conservation is funded at $13,330,000.
Recovery.--The agreement provides $102,982,000 for
activities in support of the recovery and delisting of
threatened and endangered species which includes: $3,250,000
for the State of the Birds; $1,200,000 for the Prescott Grant
program; $1,000,000 for the Wolf Livestock Demonstration
program; and $84,159,000 for general program activities. As
outlined in House Report 116-100, the Service is required by
law to use the best available science to make decisions to
delist species, and if such decisions are warranted, the
Service is directed to carefully analyze state management plans
to ensure adequate protections will be in place and establish a
monitoring system that guarantees rigorous enforcement of those
plans.
The agreement also includes $100,000 for Florida
Grasshopper Sparrow and $7,000,000 for Recovery Challenge
matching grants to implement high priority recovery actions as
prescribed in recovery plans. Longstanding partnerships should
be funded at not less than $3,000,000 and partner contributions
should be not less than their current amounts. The remaining
funds should be dedicated to new partnerships as outlined in
House Report 116-100 and should require a 50:50 match, which
may include in-kind services.
Lesser Prairie-Chicken (LPC).--The Committees continue the
direction regarding Lesser Prairie-Chicken contained in the
explanatory statement accompanying the Consolidated
Appropriations Act, 2019 (Public Law 116-6) and further, the
Committees direct the Service to collaborate with local and
regional stakeholders on improving voluntary solutions to
conserve the species with the goal of avoiding the necessity of
listing the LPC under the Endangered Species Act (ESA) (Public
Law 91-135) and to provide a briefing to the Committees on its
efforts to develop guidance to advance this collaboration.
Habitat Conservation.--The agreement provides $70,326,000
for habitat conservation programs, of which $56,951,000 is for
the Partners for Fish and Wildlife program and $13,375,000 is
for the Coastal Program. The recommendation provides $1,750,000
for the Chesapeake Bay Nutria Eradication Project and
$5,132,000 for Klamath River habitat restoration. The agreement
maintains funding at the enacted level for the Service's work
on the Upper Colorado River Endangered Fish Recovery Program
and the San Juan River Basin Recovery Implementation Program.
National Wildlife Refuge System.--The agreement provides
$502,404,000 for the National Wildlife Refuge System.
Wildlife and Habitat Management.--The agreement provides:
$12,425,000 for invasive species; $1,750,000 for the Chesapeake
Bay Nutria Eradication Project; $21,924,000 for Inventory and
Monitoring; and $198,178,000 for general program activities.
The agreement supports the directives in House Report 116-
100 and Senate Report 116-123 on trapping occurring on refuges.
Visitor Services.--The agreement includes $74,227,000 which
includes $4,500,000 for the Urban Wildlife Refuge Partnership
program and $67,727,000 for general program activities.
Refuge Maintenance.--The agreement includes $146,042,000
which includes $61,763,000 for maintenance support as
requested.
The Service is commended for advancing conservation by
establishing the Green River National Wildlife Refuge as the
568th national wildlife refuge. The Service is expected to
provide robust support to the Refuge to further the goals for
which it was established.
Conservation and Enforcement.--The agreement provides
$148,336,000 for other conservation and enforcement programs as
described below.
Migratory Bird Management.--The agreement provides
$47,457,000 which includes $28,837,000 for Conservation and
Monitoring and $14,640,000 for the North American Waterfowl
Management Plan/Joint Ventures program. The recommendation
includes $600,000 to manage bird-livestock conflicts and no
funding for Aviation Management as it is provided in General
Operations.
Law Enforcement.--The agreement provides $82,053,000,
including $9,000,000 for wildlife trafficking enforcement
activities which may also be used as needed to supplement
inspections. $3,500,000 is provided to continue the Service's
work with the Indian Arts and Crafts Board to combat
international trafficking of counterfeit arts and crafts and to
conduct criminal investigations of alleged violations of the
Indian Arts and Crafts Act.
International Affairs.--The agreement provides $18,826,000
including $10,810,000 for International Conservation of which
$550,000 is to support the Arctic Council; $3,000,000 is to
combat wildlife trafficking; $1,000,000 is for the Theodore
Roosevelt Genius Prize; and $8,016,000 for International
Wildlife Trade, of which $793,000 is to combat wildlife
trafficking.
In consultation with the United States Agency for
International Development (USAID), the Department of the
Interior shall develop policies and procedures for the
execution and oversight of programs from funds made available
by transfer from USAID to ensure that agreements for the
obligation of funds between implementing partners and the
Department include provisions requiring that: (1) information
detailing the proposed project and potential impacts is shared
with local communities and the free, prior, and informed
consent of affected indigenous communities is obtained in
accordance with international standards; (2) the potential
impacts of the proposed project on existing land or resource
claims by affected local communities or indigenous peoples are
considered and addressed in any management plan; (3) any eco-
guards, park rangers, and other law enforcement personnel
authorized to protect biodiversity will be properly trained and
monitored; and (4) effective grievance and redress mechanisms
for victims of human rights violations and other misconduct
exist. The Director shall consult with the Committees not later
than 45 days after enactment of this Act on the development of
such policies and procedures.
The Endangered Species Act requires that importing sport-
hunted trophies from endangered species is only permissible if
the exporting country has demonstrated that hunting improves
the survival of that species and proceeds of the hunt will be
reinvested in conservation. The current U.S. Fish and Wildlife
Service policy to evaluate applications for importing trophies
for elephants and lions on a case-by-case basis may not
adequately determine whether a country has proper safeguards in
place to protect species vulnerable to poaching. Population
counts continue to decline causing concern that the current
policy is detrimental. The Fish and Wildlife Service is
directed to reevaluate its current policy and analyze how
targeted investments and technical assistance to the exporting
countries' conservation programs would impact the survival of
elephants and lions, improve local communities, and sustain
species populations. The Service is to brief the Committees 60
days after enactment of this Act on their findings.
Fish and Aquatic Conservation.--The agreement provides
$205,477,000 for fish and aquatic conservation programs.
National Fish Hatchery System Operations.--The agreement
provides $64,272,000 which includes: $1,200,000 for the Aquatic
Animal Drug Approval Partnership; $3,750,000 for Klamath Basin
restoration activities; and $4,700,000 for mitigation of the
Pacific Salmon Treaty. The agreement maintains funding for mass
marking at the fiscal year 2019 enacted level and directs the
Service to work in cooperation with State fish and game
agencies on marking of anadromous fish. None of the funds may
be used to terminate operations or to close any facility of the
National Fish Hatchery System. None of the production programs
listed in the March 2013 National Fish Hatchery System
Strategic Hatchery and Workforce Planning Report may be reduced
or terminated without advance, informal consultation with
affected States and Tribes.
The Service is expected to continue funding mitigation
hatchery programs via reimbursable agreements with Federal
partners. Future agreements should include reimbursement for
production, facilities, and administrative costs. The Service
is expected to ensure that its costs are fully reimbursed
before proposing to reduce or redirect base funding.
Maintenance and Equipment.--The agreement provides
$25,846,000 for maintenance and equipment expenses related to
the National Fish Hatchery System. The Service is encouraged to
provide a portion of this funding to hatcheries where partner
agencies fund mitigation work.
Habitat Assessment and Restoration.--The agreement provides
$43,037,000, which includes $9,700,000 to implement the
Delaware River Basin Conservation Act; $18,598,000 for the
National Fish Passage Program; and $2,750,000 to implement
Klamath Basin restoration activities. The Service is directed
to work with the affected Tribes on fish restoration
activities.
Population Assessment and Cooperative Management.--The
agreement provides $31,840,000 which includes $1,680,000 for
Great Lakes Fish and Wildlife Restoration and $818,000 for the
Lake Champlain sea lamprey program. The Service is reminded of
the direction contained in Senate Report 116-123 regarding
contributions to the Coded Wire Tag Program.
Aquatic Invasive Species.--The agreement includes
$40,482,000 for the aquatic invasive species programs, of
which: $2,834,000 is to help States implement plans required by
the National Invasive Species Act (NISA); $1,566,000 is for
NISA coordination; $4,088,000 is to implement subsection
5(d)(2) of the Lake Tahoe Restoration Act; $25,000,000 is for
Asian carp as outlined in House Report 116-100 and Senate
Report 116-123 including not less than $2,500,000 for contract
fishing; $3,000,000 is to prevent the spread of quagga and
zebra mussels; and $1,011,000 is for Great Lakes Sea Lamprey
administration costs.
Cooperative Landscape Conservation.--The agreement includes
$12,500,000 for Landscape Conservation Cooperatives (LCCs).
Within 60 days of enactment of this Act, the Service shall
provide a report to the Committees outlining how this program
deviates from that which was presented to Congress in the
annual budget justifications. This report must include how the
Service will engage previous stakeholders and how conservation
efforts are aligned with partners, especially what will be done
to ensure there is collaborative conservation efforts on a
landscape scale in fiscal year 2020. In addition, the report
should include how the Service will engage in areas where LCCs
have been diminished or dismantled. This report must also
include the detailed information outlined in House Report 116-
100 and Senate Report 116-123. Until this report is received by
the Committees, $1,000,000 of the funding provided for General
Operations, Central Office Operations, is not available for
obligation.
Science Support.--The agreement provides $17,267,000 for
the Science Support program, which includes $3,500,000 for
White Nose Syndrome.
General Operations.--The agreement provides $141,967,000
for general operations and includes $20,758,000 for central
office operations; $49,166,000 for management and
administration; and $35,770,000 for Servicewide bill paying.
The National Fish and Wildlife Foundation is funded at
$7,022,000 and the National Conservation Training Center is
funded at $26,014,000. The recommendation includes $3,237,000
for Aviation Management, as requested.
The agreement acknowledges the importance of the
development of an electronic permitting system that will make
the permitting process more efficient and can be used to combat
the illegal trafficking of products and wildlife. The
Department is directed to brief the Committees on the final
cost estimate and timeline and is encouraged to begin the
development of a new system in March 2020.
The agreement continues support for the Everglades at not
less than the fiscal year 2019 enacted level.
CONSTRUCTION
The bill provides $29,704,000 for Construction which
includes $9,093,000 for line item construction; $14,011,000 for
the backlog of deferred maintenance principally at national
fish hatcheries and national wildlife refuges; $1,232,000 for
bridge and dam safety; and $5,368,000 for nationwide
engineering services. For line item construction, the Service
is expected to follow the project priority list in the table
below. When a construction project is completed or terminated
and appropriated funds remain, the Service may use those
balances to respond to unforeseen reconstruction, replacement,
or repair of facilities or equipment damaged or destroyed by
storms, floods, fires and similar unanticipated natural events.
----------------------------------------------------------------------------------------------------------------
Budget
State Refuge, Hatchery, or Other Unit Request This Bill
----------------------------------------------------------------------------------------------------------------
CA......................................... Don Edwards San Francisco Bay NWR.. $5,875,000 $5,875,000
MI......................................... Jordan River NFH................... 500,000 500,000
VA......................................... Harrison Lake NFH.................. 558,000 558,000
N/A........................................ Branch of Dam Safety (Newly 250,000 250,000
acquired dams).
N/A........................................ Branch of Dam Safety (Seismic 200,000 200,000
safety).
N/A........................................ Information Resources & Technology 250,000 250,000
Management.
GA......................................... Chattahoochee Forest NFH........... 816,000 816,000
WY......................................... Saratoga National NFH.............. 644,000 644,000
----------------------------------------------------------------------------------------------------------------
LAND ACQUISITION
(INCLUDING RESCISSION OF FUNDS)
The bill provides $70,715,000 in new budget authority for
the Land Acquisition account and includes a rescission of
$3,628,000 to be derived from prior year unobligated balances.
The amounts provided by this bill for projects are shown in the
table below and are listed in the priority order and in the
amounts recommended by the Service for fiscal year 2020. The
Green River National Wildlife Refuge was established on
November 22, 2019, and the Department is encouraged to purchase
parcels as they become available as outlined in Senate Report
116-123.
----------------------------------------------------------------------------------------------------------------
State Project This Bill
----------------------------------------------------------------------------------------------------------------
IA/MN...................................... Northern Tallgrass Prairie NWR..... $1,000,000
TX......................................... Lower Rio Grande Valley NWR........ 2,000,000
SD/ND...................................... Dakota Grassland Conservation Area. 4,250,000
FL......................................... Everglades Headwaters NWR and 3,700,000
Conservation Area.
WA......................................... Steigerwald Lake NWR............... 1,900,000
IA......................................... Neal Smith NWR..................... 500,000
LA......................................... Bayou Sauvage NWR.................. 2,000,000
TX......................................... Laguna Atascosa NWR................ 2,000,000
FL......................................... St. Marks NWR...................... 1,500,000
WA......................................... Willapa NWR........................ 1,500,000
IA/IL...................................... Upper Mississippi National Wildlife 1,000,000
and Fish Refuge.
MT......................................... Montana National Wildlife Refuges 2,000,000
and Conservation Areas.
CA......................................... North Central Valley Wildlife 500,000
Management Area.
KS......................................... Flint Hills Legacy Conservation 3,000,000
Area.
NC......................................... Alligator River NWR................ 1,000,000
CT/MA/ME/NH/NY/RI.......................... Great Thicket NWR.................. 500,000
CA......................................... Humboldt Bay NWR................... 1,100,000
AR......................................... Cache River NWR.................... 1,800,000
-------------------------------
Subtotal, Line Item Projects................................................ 31,250,000
----------------------------------------------------------------------------------------------------------------
Budget
Request This Bill
----------------------------------------------------------------------------------------------------------------
Acquisition Management............. 9,526,000 13,000,000
Recreational Access................ 0 8,000,000
Emergencies, Hardships, and 338,000 6,500,000
Inholdings.
Exchanges.......................... 10 1,500,000
Land Protection Planning........... 0 465,000
Highlands Conservation Act Grants.. 0 10,000,000
Rescission of Funds................ -5,324,000 -3,628,000
-------------------------------
Total, FWS Land Acquisition................................................. 4,540,000 67,087,000
----------------------------------------------------------------------------------------------------------------
COOPERATIVE ENDANGERED SPECIES CONSERVATION FUND
(INCLUDING RESCISSION OF FUNDS)
The bill provides $54,502,000 to carry out section 6 of the
Endangered Species Act of 1973, of which $23,702,000 is to be
derived from the Cooperative Endangered Species Conservation
Fund and $30,800,000 is to be derived from the Land and Water
Conservation Fund. The detailed allocation of funding by
activity is included in the table at the end of this
explanatory statement. The agreement includes $13,000,000 for
traditional conservation grants and $8,000,000 for habitat
conservation plan (HCP) assistance grants. The agreement
includes a rescission of $18,771,000 to be derived from
unobligated balances of appropriations not including HCP land
acquisition. The Service shall follow the direction contained
in Senate Report 116-123 regarding unobligated balances,
particularly with respect to briefing the Committees.
NATIONAL WILDLIFE REFUGE FUND
The bill provides $13,228,000 for payments to counties from
the National Wildlife Refuge Fund.
NORTH AMERICAN WETLANDS CONSERVATION FUND
The bill provides $46,000,000 for the North American
Wetlands Conservation Fund.
NEOTROPICAL MIGRATORY BIRD CONSERVATION FUND
The bill provides $4,910,000 for the Neotropical Migratory
Bird Conservation Fund.
MULTINATIONAL SPECIES CONSERVATION FUND
The bill provides $15,000,000 for the Multinational Species
Conservation Fund. The detailed allocation of funding by
activity is included in the table at the end of this
explanatory statement.
STATE AND TRIBAL WILDLIFE GRANTS
The bill provides $67,571,000 for State and Tribal Wildlife
Grants which includes $55,000,000 for State Wildlife Formula
grants, $7,362,000 for State Wildlife Competitive grants, and
$5,209,000 for Tribal Wildlife grants.
National Park Service
OPERATION OF THE NATIONAL PARK SYSTEM
The bill provides $2,576,992,000 for Operation of the
National Park System (ONPS), $74,281,000 above the enacted
level and $151,475,000 above the budget request.
For this and all other Service accounts funded in this
bill, the Service is expected to comply with the instructions
and requirements at the beginning of this division and in House
Report 116-100 and Senate Report 116-123, unless otherwise
specified below. Additional details, instructions, and
requirements follow below and in the table at the end of this
division.
The budget realignment proposed in the budget request for
the ONPS account is insufficient to meet the oversight needs of
the House and Senate Committees on Appropriations. The Service
is directed to provide alternatives to restructure the ONPS
appropriation as expeditiously as possible and not later than
90 days following enactment of this Act. Additionally, until
such time as a new structure is determined, the Service shall
brief the Committees on the prior fiscal year's spending
realignment within 60 days of the end of the fiscal year.
Funding levels have been adjusted to align with the
Service's fiscal year 2019 operating plan. The Committees
expect the Service to execute its spending at the levels
provided. The Service may not redistribute the recommendations
in a fiscal year 2020 operating plan.
All programs, projects, and activities are funded at no
less than the fiscal year 2019 operating plan levels and the
bill does not include program changes proposed in the budget
request unless otherwise specified.
Additional funding guidance is provided below.
Resource Stewardship.--The bill includes: $3,576,000 for
the Partnership Wild & Scenic Rivers program and other
similarly managed rivers; $1,000,000 for Active Forest
Management; $3,000,000 for Quagga and Zebra Mussel programs;
$800,000 for Cave and Karst Ecosystem Research; $300,000 for
Recreational Access--Support Alaska Subsistence; and
$14,200,000 for the National Trails System. Additionally, the
bill provides $1,000,000 for the national networks, which
include the National Underground Railroad Network to Freedom,
the African American Civil Rights Network, the Reconstruction
Era National Historic Network, and the World War II Heritage
Cities Network. The agreement also provides $425,000 for New
Responsibilities at New and Existing Park Areas and a general
increase of $1,400,000. The agreement maintains $1,500,000 to
continue landscape restoration projects at newly authorized
national parks as provided by Public Law 114-113; the Service
is expected to merge these landscape restoration funds with
park unit operating budgets beginning in fiscal year 2020.
Visitor Services.--Funding is provided at the requested
level of $737,000 for New Responsibilities at New and Existing
Park Areas; $200,000 is for Recreational Access--Recreational
Fishing; the National Capital Area Performing Arts Program is
funded at the enacted level of $2,227,000; and, the agreement
includes a general increase of $4,632,000.
Park Protection.--The requested transfer is accepted and
$821,000 is provided for New Responsibilities at New and
Existing Park Areas. The bill provides a general increase of
$2,200,000 and $200,000 for the Recreation Access--Veteran Fire
Corps.
Facility Operations and Maintenance.--The requested program
increases are provided for DC Water and Sewer, and Rising
Visitation. Cyclic Maintenance Projects are funded at
$153,575,000 and $1,113,000 is provided for New
Responsibilities at New and Existing Park Areas. A general
increase of $17,380,000 is provided.
Park Support.--New Responsibilities at New and Existing
Park Areas is funded at $1,104,000 and an increase of
$14,400,000 for Park and Program Operations is provided.
Commissions.--The recommendation includes $3,300,000 for
the 400 Years of African-American History Commission to be
spent in accordance with the 400 Years of African-American
History Commission Act and $3,300,000 for the
Semiquincentennial Commission to be spent in accordance with
the Semiquincentennial Commission Act of 2016.
Global Positioning System Modernization.--The
recommendation provides $2,000,000 for the replacement of
Global Positioning System (GPS) data collection devices used by
the Service for facilities planning, lands administration,
visitor safety, and infrastructure protection.
National Park Foundation.--The recommendation accepts the
proposal to move funding for the National Park Foundation from
the Centennial Challenge account into the Operation of the
National Park System account, a total of $5,000,000.
Additional Guidance.--The following additional direction
and guidance is provided with respect to funding provided
within this account:
Hetch Hetchy Reservoir.--The Hetch Hetchy Reservoir, which
is located in Yosemite National Park, is the drinking water
source for 2.7 million Americans. Since the reservoir's
creation in 1923, boating has been prohibited to prevent the
introduction of contaminants, and to date the quality of the
water from Hetch Hetchy Reservoir is such that it does not
require filtration. The Service is directed to maintain this
longstanding prohibition.
NATIONAL RECREATION AND PRESERVATION
The bill provides $71,166,000 for national recreation and
preservation, $7,028,000 above the enacted level and
$38,829,000 above the budget request. The amounts recommended
by the Committees compared with the budget estimates by
activity are shown in the table at the end of this explanatory
statement.
Natural Programs.--The recommendation rejects the
reductions proposed in the budget request, but provides the
requested increases for Hydropower Recreation Assistance and
Federal Lands to Parks. The proposed transfer is accepted.
Rivers, Trails, and Conservation Assistance.--The
recommendation includes a program increase of $500,000 to
provide technical assistance and to work with partners,
including local leaders and nonprofit organizations, to enhance
on-water education and recreation programming for youth.
Chesapeake Bay Gateways and Watertrails.--The agreement
includes $3,000,000 for Chesapeake Bay Gateways and
Watertrails.
Cultural Programs.--The bill provides $1,907,000 for Native
American Graves Protection and Repatriation Grants; $3,155,000
for Japanese Confinement Site Grants; and, $1,500,000 for
grants to nonprofit organizations or institutions for the
purpose of supporting programs for Native Hawaiian or Alaska
Native culture and arts development. The agreement also
includes $2,000,000 for the competitive grant program, as
authorized by the 9/11 Memorial Act (Public Law 115-413).
Grants Administration.--The proposed transfer of the
funding in the grants administration budget activity into
Cultural Programs is accepted and provides $2,815,000.
International Park Affairs.--The agreement includes
$1,903,000 for International Park Affairs and rejects the
proposed transfer.
Heritage Partnership Programs.--The recommendation provides
$21,944,000 for the Heritage Partnership Program, including
$20,962,000 for Commissions and Grants, which is sufficient to
provide stable funding sources for both the newly authorized
and existing NHAs. The directive contained in the explanatory
statement that accompanied Public Law 116-6 with regards to
funding distribution is continued.
HISTORIC PRESERVATION FUND
The bill provides $118,660,000 for historic preservation,
$16,000,000 above the enacted level and $85,988,000 above the
budget request.
Competitive Grants.--Competitive grants to document,
interpret, and preserve historical sites associated with the
African American Civil Rights Movement are funded at
$15,500,000. Building on the success of this program, the
Committee provides $2,500,000 to establish a new civil rights
grant program that would preserve and highlight the sites and
stories associated with securing civil rights for All
Americans, including women, American Latino, Native American,
Asian American, Pacific Islander, Alaska Native, Native
Hawaiian, and LGBTQ Americans. The recommendation also includes
$750,000 for grants to under-represented communities.
Paul Bruhn Historic Revitalization Grants.--The bill
provides $7,500,000 for historic revitalization grants and
retains the directives regarding the distribution of funding
included in Senate Report 116-123. The agreement hereafter
designates these grants as the ``Paul Bruhn Historic
Revitalization Grants,'' in recognition of his 40-year
commitment to historic preservation and downtown
revitalization, and his exceptional legacy of public service.
Additional Guidance.--The following guidance is provided
with respect to funding provided within this account:
National Register of Historic Places.--The agreement
includes the directives contained in House Report 116-100 and
Senate Report 116-123 pertaining to the proposed rulemaking
regarding the National Register of Historic Places.
CONSTRUCTION
The bill provides $389,345,000 for Construction,
$24,641,000 above the enacted level and $143,012,000 above the
budget request.
Line-Item Construction.--The bill includes funding for
updated line-item construction priorities transmitted to the
Committees by the Department on May 2, 2019, as part of its
budget recast. The Service is expected to use the general
program increase to fund additional priority projects
identified in its 5-year construction plan, with a final list
of selected projects transmitted to the Committees no later
than 60 days after enactment of this Act. The recommendation
does not include funds to rehabilitate the Fort Vancouver
National Historic Site to serve as a new regional office
location. The Service shall instead brief the Committee within
60 days of enactment of this Act regarding an alternative plan
for the long-term utilization of the site.
The following table details the line item construction
activity for specific projects requested or provided by the
administration.
----------------------------------------------------------------------------------------------------------------
Bill
State Project (Discretionary)
----------------------------------------------------------------------------------------------------------------
NY........................................... Statue of Liberty National Monument and Ellis 7,852,000
Island, rehabilitate stone walls.
NJ........................................... Statue of Liberty National Monument and Ellis 5,501,000
Island, fire-life and safety.
PA........................................... Independence National Historical Park, chiller. 3,587,000
PA........................................... Independence National Historical Park, roof 3,669,000
replacement.
PA........................................... Independence National Historical Park, marble 3,127,000
wall preservation.
AL........................................... Tuskegee Institute National Historic Site, 3,533,000
Carver Museum preservation.
MA........................................... Boston National Historical Park, structure and 9,117,000
facade repair.
TN........................................... Chickamauga & Chattanooga National Military 3,810,000
Park, riverbank improvements.
OR........................................... Crater Lake National Park, visitor center 10,613,000
stabilization.
SC........................................... Fort Sumter National Monument, breakwater 4,566,000
rehabilitation.
AZ........................................... Grand Canyon National Park, water 16,700,000
infrastructure improvements.
MA........................................... Boston National Historical Park, heat and 5,445,000
distribution system improvements.
CO........................................... Curecanti National Recreation Area, visitor 7,080,000
center improvements.
CA........................................... Golden Gate National Recreation Area, seismic 6,311,000
strengthening and repairs.
MO........................................... Ozark National Scenic River, cabin and lodge 21,697,000
rehabilitation.
MA........................................... Cape Cod National Seashore, visitor service 3,245,000
improvements.
WA........................................... Fort Vancouver National Historic Site, 0
rehabilitate barracks.
AK........................................... Western Arctic National Parklands, housing 3,068,000
replacement.
AZ........................................... Pipe Spring National Monument, housing 3,860,000
replacement.
AK........................................... Klondike Gold Rush National Historical Park, 4,295,000
housing replacement.
WY........................................... Yellowstone National Park, housing replacement. 3,630,000
WY........................................... Devil's Tower National Monument, housing 4,118,000
replacement.
WA........................................... Olympic National Park, Elwha River restoration 2,500,000
settlement.
OH........................................... Perry's Victory & International Peace Memorial, 29,671,000
seawall replacement.
NC........................................... Cape Hatteras National Seashore, lighthouse 18,727,000
repair.
MD........................................... Catoctin Mountain Parkwide, utility 21,811,000
infrastructure.
SC........................................... Congaree National Park, boardwalk replacement.. 4,798,000
NC........................................... Cape Lookout National Seashore, lighthouse 8,136,000
repair.
CO........................................... Mesa Verde National Park, water infrastructure 2,369,000
improvements.
CO........................................... Dinosaur National Monument, building 5,647,000
replacement.
NJ........................................... Gateway National Recreation Area, water 5,424,000
infrastructure improvements.
Multi........................................ General Program Increase....................... 29,049,000
Multi........................................ Abandoned Mine Lands........................... 5,000,000
Multi........................................ Demolition and Disposal........................ 5,000,000
-----------------
Total, Line Item Construction............ 272,956,000
----------------------------------------------------------------------------------------------------------------
LAND ACQUISITION AND STATE ASSISTANCE
(INCLUDING RESCISSION OF FUNDS)
The bill provides $208,400,000 in new budget authority for
the Land Acquisition account and includes a rescission of
$2,279,000 to be derived from prior year unobligated balances.
The amounts provided by this bill for projects are shown in the
table below and are listed in the priority order and in the
amounts recommended by the Service for fiscal year 2020.
----------------------------------------------------------------------------------------------------------------
State Project This Bill
----------------------------------------------------------------------------------------------------------------
WA/OR................................. Lewis and Clark National Historical Park $2,555,000
GA.................................... Cumberland Island National Seashore..... $1,100,000
TX.................................... Palo Alto Battlefield National 3,500,000
Historical Park.
NM.................................... El Malpais National Monument............ 5,182,000
VA.................................... Petersburg National Battlefield......... 2,418,000
KY/TN................................. Big South Fork National River and 850,000
Recreation Area.
NC.................................... Guilford Courthouse National Military 400,000
Park.
Multi................................. Battlefield Parks....................... 2,000,000
HI.................................... Ala Kahakai National Historic Trail..... 6,000,000
NE/SD................................. Missouri National Recreation River...... 2,100,000
ND.................................... Theodore Roosevelt National Park........ 900,000
MD/VA................................. George Washington Memorial Parkway...... 1,395,000
---------------
Subtotal, Line Item Projects................................................ 28,400,000
----------------------------------------------------------------------------------------------------------------
Budget Request This Bill
----------------------------------------------------------------------------------------------------------------
Acquisition Management.................. 8,828,000 10,500,000
Recreational Access..................... 1,000,000 7,000,000
Emergencies, Hardships, Relocations, and 0 4,000,000
Deficiencies.
Inholdings, Donations, and Exchanges.... 0 5,500,000
American Battlefield Protection Program. 5,000,000 13,000,000
Rescission of Funds..................... -10,000,000 -2,279,000
-------------------------------
Total, NPS Land Acquisition................................................. 4,828,000 66,121,000
----------------------------------------------------------------------------------------------------------------
Assistance to States:
State conservation grants (formula)..... 0 110,000,000
State conservation grants (competitive). 0 25,000,000
Administrative expenses................. 0 5,000,000
-------------------------------
Total, Assistance to States....... ........................................ 0 140,000,000
-------------------------------
........................................
Total, NPS Land Acquisition and ........................................ 4,828,000 206,121,000
State Assistance.
----------------------------------------------------------------------------------------------------------------
CENTENNIAL CHALLENGE
The bill provides $15,000,000 for the Centennial Challenge
matching grant program, $5,000,000 below the enacted level and
$15,000,000 above the budget request. The agreement accepts the
budget proposal to continue $5,000,000 for critical programs
and projects, pursuant to 54 U.S.C. 1011 Subchapter II, in the
ONPS account.
United States Geological Survey
SURVEYS, INVESTIGATIONS, AND RESEARCH
The bill provides $1,270,957,000 for Surveys,
Investigations, and Research of the U.S. Geological Survey
(USGS, or the Survey). The detailed allocation of funding by
program area and activity is included in the table at the end
of this explanatory statement and is maintained in the fiscal
year 2019 budget structure and at enacted funding levels unless
otherwise specified below.
The agreement does not approve the budget restructure as
requested. Consolidating programs of related focus and practice
may improve efficiency; however, more information is necessary
in order to properly evaluate if any budget restructure would
achieve that goal. If the Survey proposes another budget
restructure in the fiscal year 2021 budget request, the
Committees stand ready to work with the Survey to obtain the
needed program data and funding levels to consider the request.
Ecosystems.--The agreement provides $170,544,000,
including: $16,706,000 for Status and Trends which provides
$500,000 for museum collections, and $250,000 for competitively
awarded grants for applied research to develop a system for
integrating sensors as outlined in Senate Report 116-123;
$22,136,000 for the Fisheries program which provides an
increase of $3,000,000 for the Great Lakes Science Center;
$45,957,000 for Wildlife programs which provides $3,748,000 for
White Nose Syndrome research and not less than $400,000 to be
devoted to Coral Disease research; and $38,415,000 for the
Environments program which includes the funding level for
Chesapeake Bay provided in House Report 116-100. The Committees
expect work to continue at the enacted levels for other
priority landscapes such as the Arctic, Puget Sound, California
Bay Delta, Everglades, Great Lakes, and Columbia River.
The recommendation provides $23,330,000 for Invasive
Species which includes $1,720,000 for Chronic Wasting Disease
and a total of $10,620,000 for Asian carp research, of which
$3,000,000 is for research on grass carp and the additional
increase is to be used in accordance with the specifications
outlined in Senate Report 116-123. The agreement encourages the
Survey to prioritize research, detection, and response efforts
on invasive species with extremely high impacts on public
lands, such as the Burmese Python, and to examine expanding
their efforts to include Lionfish.
Cooperative Research Units are funded at $24,000,000 in
accordance with the specifications outlined in House Report
116-100 and the enacted level of $250,000 for moose research is
continued.
Land Resources.--The agreement provides $166,274,000, which
includes $98,894,000 for the National Land Imaging activity
maintaining all programs at the enacted level, including
$1,215,000 for AmericaView State grants and $84,337,000 for
satellite operations.
The recommendation provides $29,045,000 in Land Change
Science which acknowledges the completion of biological carbon
sequestration activities as outlined in Senate Report 116-123.
The recommendation provides $38,335,000 for National and
Regional Climate Adaptation Science Centers for the purposes
outlined in House Report 116-100. This funding level supports
the development of the Midwest Climate Adaptation Science
Center which was first requested in the fiscal year 2017
Congressional budget justification.
Energy, Minerals, and Environmental Health.--The agreement
provides $113,536,000 for Energy, Minerals, and Environmental
Health. Mineral Resources is funded at $59,869,000 which
includes $10,598,000, the budget request, for the critical
minerals Earth Mapping Resources Initiative, (Earth MRI).
Energy Resources is funded at $30,172,000 and provides
$4,000,000 for the implementation of Secretarial Order 3352.
Funding requested for the magnetotelluric survey is included in
the Geomagnetism Program in the Natural Hazards Mission Area.
The agreement provides $23,495,000 for Environmental
Health, which includes $10,397,000 for Contaminant Biology. The
recommendation includes an increase of $200,000 for research on
the impacts of unconventional oil and gas. The recommendation
also includes $13,098,000 for toxic substances hydrology, which
includes $1,750,000 for research on harmful algal blooms and an
increase of $500,000 over the enacted level for unconventional
oil and gas research.
Natural Hazards.--The agreement provides $170,870,000 for
the Natural Hazards Program, including $84,903,000 for
earthquake hazards. Within this funding, $19,000,000 is
included for continued development and expansion of the
ShakeAlert West Coast earthquake early warning (EEW) system and
$6,700,000 is provided for infrastructure funding for capital
costs associated with the buildout of the ShakeAlert EEW. The
recommendation includes $2,000,000 for the national seismic
hazard maps and $3,000,000 for regional networks to operate and
maintain recently acquired USArray stations as specified in
Senate Report 116-123. The recommendation also includes
$2,000,000 in infrastructure funding for Advanced National
Seismic System (ANSS) deferred maintenance and modernization
and $1,800,000 for regional seismic networks. The Survey is
directed to provide to the Committees a breakout of the budget
components of the Earthquakes program within 90 days of
enactment of this Act to gain a more comprehensive
understanding of base funding and the allocation of resources
to ANSS, Hazard Assessments, and Targeted Research.
The agreement provides $30,266,000 for volcano hazards,
which maintains programs at the enacted level.
The recommendation includes $4,038,000 for Landslide
hazards; $7,153,000 for Global seismographic network; and
$4,000,000 for Geomagnetism including $1,726,000 for the
magnetotelluric survey as well as funding to maintain operation
of all observatories.
Water Resources.--The agreement provides $234,120,000 for
Water Resources, with $63,529,000 directed to activities
associated with the Cooperative Matching Funds. Water
availability and use science is funded at $47,487,000, which
includes $6,000,000 for the Mississippi Alluvial Plain Aquifer
Assessment and $1,000,000 for the U.S. Mexico transboundary
aquifer assessment. Groundwater and Streamflow Information is
funded at $84,173,000 which includes $1,500,000 for
implementation of a baseline strategy for transboundary rivers;
$300,000 for work to examine perflourinated compounds; $120,000
for the streamgage on the Unuk River; and $1,500,000 for
streamgages on certain transboundary rivers.
The recommendation includes $92,460,000 for the National
Water Quality program which includes $4,000,000 for harmful
algal bloom research; $1,000,000 for urban waters; and $300,000
for Shallow and Fractured Bedrock Terrain research.
The recommendation includes $10,000,000 for the Water
Resources Research Institutes, of which $1,000,000 is for
research on aquatic invasive species in the Upper Mississippi
River region to address a critical need for multi-state
research.
Core Science Systems.--The agreement provides $137,902,000,
which includes $24,051,000 for science, synthesis, and
analysis. National Cooperative Geologic Mapping is funded at
$34,397,000 which provides funding for Phase Three of the
National Geologic Database as outlined in House Report 116-100.
The National Geospatial program is funded at $79,454,000
which includes $7,722,000 for the Alaska mapping initiative and
the following increases: $5,000,000 for the 3D Elevation
program (3DEP) to accelerate achievement of 100 percent
coverage of the Great Lakes region; $2,000,000 for the U.S.
Topo program to procure product-on-demand updates; and
$3,000,000 to produce digital surface models using unclassified
satellite optical data for the U.S. and territories not mapped
with LiDAR in 2021. It is expected that any funding awarded
outside the Federal sector will undergo a competitive review
process.
Science Support.--The agreement includes $96,828,000 which
includes $74,881,000 for administration and management and
$21,947,000 for Information Services.
Facilities.--The agreement includes $180,883,000 for
facilities, deferred maintenance and capital improvement.
Within these amounts, $104,719,000 is included for rental
payments and operations and maintenance. The recommendation
provides $76,164,000 for deferred maintenance and capital
improvement which includes funding as outlined in Senate Report
116-123 to build a new Hydrologic Instrumentation Facility
(HIF) consistent with the Survey's current plan to colocate
with complementary academic and federal partners and to replace
the Survey's facilities on the island of Hawaii impacted by the
2018 volcanic events at Kilauea. Also provided in this
agreement is $5,000,000 for the National Wildlife Health Center
to renovate the Biosafety level 3 Diagnostic Laboratories and
convert to a new solid waste disposal.
Bureau of Ocean Energy Management
OCEAN ENERGY MANAGEMENT
The bill provides $191,611,000 in new budget authority for
the Ocean Energy Management appropriation, which is partially
offset with the collection of rental receipts and cost recovery
fees totaling $60,000,000, for a net discretionary
appropriation of $131,611,000. Specific activity-level
allocations are contained in the table at the back of this
explanatory statement. In renewable energy, the increase above
the budget request is for additional permitting and
environmental staff.
Offshore Wind Permitting.--The Bureau shall follow the
direction in Senate Report 116-123.
Bureau of Safety and Environmental Enforcement
OFFSHORE SAFETY AND ENVIRONMENTAL ENFORCEMENT
(INCLUDING RESCISSION OF FUNDS)
The bill provides $192,812,000 for the Offshore Safety and
Environmental Enforcement appropriation. This amount is
partially offset with the collection of rental receipts, cost
recovery fees, and inspection fees totaling $69,479,000, and a
rescission of prior year unobligated balances of $4,788,000,
resulting in a net discretionary appropriation of $118,545,000.
Specific activity-level allocations are contained in the table
at the back of this explanatory statement.
OIL SPILL RESEARCH
The bill provides $14,899,000 for Oil Spill Research.
Office of Surface Mining Reclamation and Enforcement
REGULATION AND TECHNOLOGY
The bill provides $117,768,000 for the Regulation and
Technology appropriation. Specific allocations at the activity
and subactivity level are displayed in the table at the back of
this explanatory statement. In the Environmental Protection
activity, funding shall be allocated at the same levels as it
was in fiscal year 2019. All other activities are funded as
proposed in the budget request.
ABANDONED MINE RECLAMATION FUND
The bill provides $139,713,000 for the Abandoned Mine
Reclamation Fund appropriation. Specific allocations at the
activity level are displayed in the table at the back of this
explanatory statement. Of the funds provided, $24,713,000 shall
be derived from the Abandoned Mine Reclamation Fund and
$115,000,000 shall be derived from the General Fund and shall
be distributed to states consistent with the direction in
Senate Report 116-123.
Indian Affairs
Bureau of Indian Affairs
OPERATION OF INDIAN PROGRAMS
(INCLUDING TRANSFERS OF FUNDS)
The agreement accepts the budget proposal to strengthen the
Bureau of Indian Education (BIE) as an independent bureau with
a separate budget structure, including a separate construction
budget, from the Bureau of Indian Affairs (BIA). The separation
is reflected below.
The bill provides $1,577,110,000 for Operation of Indian
Programs. All programs, projects, and activities are maintained
at fiscal year 2019 levels, except for requested fixed cost
increases and internal transfers, or unless otherwise specified
below. For this and all other Bureau accounts funded in this
bill, Indian Affairs is expected to comply with the
instructions and requirements at the beginning of this division
and in House Report 116-100 and Senate Report 116-123, unless
otherwise specified below. Additional details, instructions,
and requirements are included below and in the table at the end
of this division. Indian Affairs is reminded of the importance
of meeting reporting requirement deadlines so that the
Committees can properly evaluate programs. Failure to do so
could negatively impact future budgets.
Tiwahe.--The bill continues the Tiwahe Initiative at fiscal
year 2019 levels across all programs and activities with
funding distributed in the same amounts to the same recipients,
including the funding to support women and children's shelters.
There is concern that Tiwahe funding was not properly
documented or distributed as outlined in the Office of
Inspector General report published in 2018; therefore, BIA is
directed to submit the final reports as directed by House
Report 115-765 and Senate Report 116-123 within 90 days of
enactment of this Act.
NATIVE Act.--Funding is continued across all programs and
activities at fiscal year 2019 levels for the Native American
Tourism and Improving Visitor Experience Act of 2016 (P.L. 114-
221) (NATIVE Act). The agreement directs BIA to comply with the
reporting requirement for the road maintenance program funding
in Senate Report 116-123.
Alternative Financing/105(l) Lease Costs.--Estimates for
lease costs resulting from section 105 of the Indian Self-
Determination and Education Assistance Act continue to increase
and have the potential to increase over the coming months. The
agreement directs BIA to comply with the 105(l) lease costs
language included in the front of this explanatory statement.
Staffing.--The high level of staff vacancies prevents BIA
from fulfilling its trust responsibilities. Indian Affairs is
directed to submit a report to the Committees on Appropriations
detailing actual staffing and vacancy levels within the Bureau
by region and headquarters for each program, and the amount of
funding associated with any vacant positions within 120 days of
enactment of this Act.
Human Services.--The bill provides $155,685,000 for human
services programs and includes $1,000,000 to implement section
202 of the Indian Child Welfare Act (25 U.S.C. Sec. 1932), and
an increase of $2,000,000 for the Housing Program for a total
funding level of $11,708,000. BIA is instructed to report back
within 30 days of enactment of this Act on how this funding
will be distributed.
Trust--Natural Resources Management.--The bill provides
$226,819,000 for natural resources management programs,
including $2,000,000 to finalize implementation of section 7 of
the Elwha River Ecosystem and Fisheries Restoration Act (P.L.
102-495), and $41,743,000 for Rights Protection Implementation,
of which an additional $500,000 is for the law enforcement
needs for treaty sites on the Columbia River; and an additional
$900,000 is to implement the Pacific Salmon Treaty. The
agreement continues funding for the Everglades at the fiscal
year 2019 levels.
Within the Tribal Management Development program, the bill
includes an additional $255,000 to advance the understanding of
salmon and steelhead habitat; an additional $500,000 to develop
Tribal buffalo herds and support related activities; and an
additional $700,000 for pilot projects and programs for Alaska
subsistence activities as further outlined in the Senate Report
116-123. In addition, the agreement includes $25,541,000 for
the Agriculture Program (TPA); $9,773,000 for Invasive Species;
$6,549,000 for Wildlife and Parks (TPA); and $8,525,000 for
water management, planning and pre-development.
The agreement includes $1,000,000 for the Assistant
Secretary of Indian Affairs to contract with relevant federally
recognized Tribes or Tribal organizations to allow Tribal
cultural experts to perform a cultural resources investigation
to identify culturally and historically significant areas and
sites in areas of high energy development potential within the
Chaco Canyon region of the Southwest. As part of this
investigation, the agreement expects special emphasis to be
given to areas of high development potential as defined in
Figure 10 of the Bureau of Land Management's February 2018
Final Report, ``Reasonable Development Scenario of Oil and Gas
Activities'' for the Mancos-Gallup RMPA Planning Area. The
Assistant Secretary shall consult with affected Tribes prior to
soliciting proposals and shall award funds within 270 days of
enactment of this Act.
Trust--Real Estate Services.--The bill provides
$138,097,000 for real estate services, of which $500,000 is to
implement the Gila River Indian Community Federal Rights-of-
Way, Easements and Boundary Clarification Act (P.L. 115-350);
$4,852,000 is for Environmental Quality Program (TPA);
$17,743,000 is for Environmental Quality Projects; $4,078,000
is for Rights Protection (TPA); and $10,727,000 is for Water
Rights Negotiation, including $1,500,000 for rights protection
litigation support.
Funding is continued for the Alaska Native Claims
Settlement Act historical places. The Bureau is reminded of the
directives in House Report 116-100 regarding water rights
negotiations.
Public Safety and Justice.--The bill provides $434,326,000
for public safety and justice programs, of which: an additional
$1,000,000 is to solve Missing and Murdered Indigenous Women
cold cases; an additional $1,000,000 is for background checks
to hire more law enforcement officers; an additional $2,000,000
is to supplement fiscal year 2019 funding levels to hire
additional detention/corrections staff at facilities located on
Indian lands; an additional $2,000,000 is to purchase equipment
to collect and preserve evidence at crime scenes throughout
Indian Country; $3,000,000 is for activities to implement and
ensure compliance with the Violence Against Women Act;
$14,000,000 is to address the needs of Tribes affected by
Public Law 93-280 and as further outlined in the Senate Report
116-123; and $18,203,000 is for facilities operations and
maintenance, of which $2,000,000 is to supplement fiscal year
2019 funding levels for facilities located on Indian lands.
The recommendation also includes $2,500,000 to focus on
advanced training needs to help address the crisis for missing,
trafficked, and murdered indigenous women. These activities
shall focus on training for detectives, forensics, and other
specialized courses in an effort to provide greater access to
programs for Indian country law enforcement personnel to create
safer communities. This advanced training shall not duplicate
those activities at the Indian Police Academy, which continues
as the central justice services training location for tribal
law enforcement, including for entry-level law enforcement
officers, agents and corrections officers, and the agreement
provides full funding for these programs.
To further address the crisis of missing, trafficked, and
murdered indigenous women, it is necessary to both boost
coordination and data collection among Tribal, local, State,
and Federal law enforcement. For this reason, the agreement
directs BIA to designate an official within the Office of
Justice Services to work with Tribes to develop a set of
guidelines on how to best collect the statistics on missing,
trafficked, and murdered native women. The designee is expected
to report back to the Committees on his or her findings within
1 year after enactment of this Act. Additionally, the
Government Accountability Office is directed to conduct a
review of the BIA's policy for investigating and reporting
missing and murdered Native Americans as well as outline
recommendations for ways in which the BIA can improve and
better coordinate BIA and Tribal law enforcement activities
with other Federal agencies to improve access to databases and
public notification systems.
The agreement directs BIA to conduct the study identified
in section 117 of Division B of H.R. 3055, as passed by the
Senate on October 31, 2019, related to law enforcement staffing
needs of Indian Tribes, and submit such study to the House and
Senate Committees on Appropriations within 270 days of
enactment of this Act.
Community and Economic Development.--The bill provides
$52,529,000 for community and economic development programs,
including $13,525,000 for Job Placement and Training (TPA) and
$2,791,000 for Economic development (TPA). The agreement also
includes $3,000,000 for grants to federally recognized Indian
Tribes and Tribal organizations to provide native language
instruction and immersion programs to native students not
enrolled at BIE schools, including those Tribes and
organizations in states without Bureau-funded schools.
Executive Direction and Administrative Services.--The bill
includes $235,475,000 for executive direction and
administrative services, of which: $10,200,000 is for Assistant
Secretary Support; $20,425,000 is for Executive Direction; and
$48,030,000 is for Administrative Services.
CONTRACT SUPPORT COSTS
The bill provides an indefinite appropriation for contract
support costs, consistent with fiscal year 2019 and estimated
to be $271,000,000.
CONSTRUCTION
(INCLUDING TRANSFERS AND RESCISSION OF FUNDS)
The agreement accepts the budget proposal to strengthen BIE
as an independent bureau with a separate budget structure,
including a separate construction budget, from BIA. The
separation is reflected below.
The bill provides $128,591,000 for Construction. All
programs, projects, and activities are maintained at fiscal
year 2019 levels, except for requested fixed cost increases and
transfers, or unless otherwise specified below.
Public Safety and Justice Construction.--The bill provides
$42,811,000 for public safety and justice construction and
includes the following: $25,500,000 for facilities replacement
and new construction; $4,494,000 for employee housing;
$9,372,000 for facilities improvement and repair; $170,000 for
fire safety coordination; and $3,274,000 for fire protection.
With the funds provided, the agreement encourages the
Department to incorporate planning, design, and operations of
buildings to reduce costs, minimize environmental impacts, use
renewable energy and incorporate green infrastructure and the
most current energy efficiency codes and standards to the
maximum extent practicable and submit a report to the
Committees on Appropriations within 90 days of enactment of
this Act describing how the Department incorporated these
activities.
The agreement directs BIA to submit the report describing
the facilities investments required to improve the direct
service and Tribally operated detention and public safety
facilities in Indian country that are in poor condition,
including associated cost estimates, as provided in Division B
of H.R. 3055, as passed by the Senate on October 31, 2019.
Resources Management Construction.--The bill provides
$71,258,000 for resources management construction programs and
includes the following: $28,698,000 for irrigation project
construction, of which $3,402,000 is for the Navajo Indian
Irrigation Project and $10,000,000 is for projects authorized
by the WIIN Act; $2,613,000 for engineering and supervision;
$1,016,000 for survey and design; $651,000 for Federal power
compliance; and $38,280,000 for dam safety and maintenance. The
bill rescinds $2,000,000 in prior year resources management
construction funding that is no longer necessary as the project
was completed using funding provided under the Environmental
Quality Projects program in the Operation of Indian Programs.
Other Program Construction.--The bill provides $14,522,000
for other program construction and includes $1,419,000 for
telecommunications; $3,919,000 for facilities and quarters; and
$9,184,000 for program management, which includes $3,211,000 to
continue the project at Fort Peck.
INDIAN LAND AND WATER CLAIMS SETTLEMENTS AND MISCELLANEOUS PAYMENTS TO
INDIANS
The bill provides $45,644,000 for Indian Land and Water
Claims Settlements and Miscellaneous Payments to Indians,
ensuring that Indian Affairs will meet the statutory deadlines
of all authorized settlement agreements to date. The
recommended level enables Indian Affairs to make a final
payment to the Pechanga Band of Luiseno Mission Indians if
needed to complete the Federal obligation and includes amounts
to make a payment, in an amount to be determined by the
Secretary, to the Blackfeet Settlement Trust Fund. The
Department is directed to submit a spending plan to the
Committees within 90 days of enactment of this Act on how it
plans to allocate the funds provided by the bill for the
specific settlements.
INDIAN GUARANTEED LOAN PROGRAM ACCOUNT
The bill provides $11,779,000 for the Indian Guaranteed
Loan Program Account to facilitate business investments in
Indian Country.
Bureau of Indian Education
OPERATION OF INDIAN PROGRAMS
(INCLUDING TRANSFERS OF FUNDS)
The agreement accepts the budget proposal to strengthen the
Bureau of Indian Education (BIE) as an independent bureau with
a separate budget structure, including a separate construction
budget, from the Bureau of Indian Affairs (BIA). The separation
is reflected below.
Alternative Financing/105(l) Lease Costs.--Estimates for
lease costs resulting from section 105 of the Indian Self-
Determination and Education Assistance Act continue to increase
and have the potential to increase over the coming months. The
agreement directs Indian Affairs to comply with the 105(l)
lease costs language included in the front of this explanatory
statement.
Bureau of Indian Education.--The bill includes $943,077,000
for the operation of BIE. All programs, projects, and
activities are maintained at fiscal year 2019 levels when BIE
was part of BIA, except for requested fixed cost increases and
transfers, or unless otherwise specified below. For this and
all other Bureau accounts funded in this bill, BIE is expected
to comply with the instructions and requirements at the
beginning of this division and in House Report 116-100 and
Senate Report 116-123, unless otherwise specified below.
Additional details, instructions, and requirements follow below
and in the table at the end of this division.
Post-secondary programs (forward-funded) are provided with
a five percent increase above the fiscal year 2019 enacted
level and Tribal grant support costs are funded at current
estimates. Within education program enhancements, a total of
$4,000,000 is included for Native language immersion grants at
BIE-funded schools; $18,852,000 is included for Early Child and
Family Development programs to continue current activities; and
$42,607,000 is provided for Education Management for the
separation transition of BIE and BIA.
Within facility operations, $6,000,000 is included to meet
the Department's efforts to pursue alternative financing
options to address the significant need for replacement school
construction at BIE-funded schools. The Department is directed
to obligate only the actual amount required to meet the terms
of a negotiated lease. The agreement directs the Department to
comply with the directive contained in the explanatory
statement accompanying the fiscal year 2019 consolidated
appropriations bill.
Johnson O'Malley.--The bill provides $20,335,000 for
Johnson O'Malley programs, including $2,500,000 for one time
capacity building. With the remaining additional funding, the
agreement directs BIE to provide funding to more Tribes in
order to assist more students.
EDUCATION CONSTRUCTION
The agreement accepts the budget proposal to strengthen BIE
as an independent bureau with a separate budget structure,
including a separate construction budget, from BIA. The
separation is reflected below.
Education Construction.--The bill provides $248,257,000 for
schools and related facilities within the BIE system and
includes the following: $115,504,000 for replacement school
campus construction; $23,935,000 for replacement facility
construction; $13,578,000 for employee housing repair; and
$95,240,000 for facilities improvement and repair. No funding
is included for the proposed Replacement/New Employee Housing
initiative.
Green Infrastructure.--With the funds provided, the
agreement encourages the Department to incorporate planning,
design, and operations of buildings to reduce costs, minimize
environmental impacts, use renewable energy and incorporate
green infrastructure and the most current energy efficiency
codes and standards to the maximum extent practicable and
submit a report to the Committees on Appropriations within 90
days of enactment of this Act describing how the Department
incorporated these activities.
BIE is reminded that the status of the facilities impacts
the health and safety of children. There is concern that BIE
health and safety inspections may be merely cursory reviews
rather than detailed inspections. The agreement directs BIE to
submit within 90 days of enactment of this Act details on what
is included in annual health and safety inspections and to
provide a copy of such inspections to the Committees on
Appropriations within 30 days of a request for a copy of an
inspection.
ADMINISTRATIVE PROVISIONS
(INCLUDING TRANSFERS OF FUNDS)
The agreement continues to allow transfers of Tribal
priority allocations funds between BIA Operation of Indian
Programs and BIE Operation of Indian Programs initiated at the
request of an Indian Tribe. This authority does not apply to
any other transfers, including those to separate the BIA and
the BIE.
Departmental Offices
Office of the Secretary
DEPARTMENTAL OPERATIONS
(INCLUDING TRANSFER OF FUNDS)
The bill provides $131,832,000 for Departmental Offices,
Office of the Secretary, Departmental Operations. Allocations
at the activity level are provided for in the table at the end
of this explanatory statement.
Freedom of Information Act.--It is appreciated that the
Department incorporated significant revisions in the final rule
it released on October 24, 2019, to amend its Freedom of
Information Act (FOIA) regulations to ensure consistency with
the statute. The bill also provides $1,000,000 in new funding
to help the Department address its FOIA workload.
Appraisal and Valuation Services Office.--The agreement
provides $10,000,000, derived from the LWCF, to improve the
speed of the office's activities related to conservation grants
and land acquisition projects.
Insular Affairs
ASSISTANCE TO TERRITORIES
The bill provides $102,881,000 for Assistance to
Territories. The detailed allocation of funding is included in
the table at the end of this explanatory statement.
The bill provides $6,250,000, an increase of $1,250,000
over the fiscal year 2019 enacted level, for Empowering Insular
Communities to be used in accordance with 48 U.S.C. 1492a, as
well as the related reporting requirement provided in House
Report 116-100 on updating and implementing energy action
plans.
The bill provides $4,375,000, an increase of $375,000 over
the fiscal year 2019 enacted level, for the Maintenance
Assistance Fund. The Department is expected to continue its
work institutionalizing better maintenance practices.
COMPACT OF FREE ASSOCIATION
The bill provides $8,463,000 for Compact of Free
Association, $5,050,000 above the fiscal year 2019 enacted
level and $5,354,000 above the budget request. A detailed table
of funding recommendations below the account level is provided
at the end of this explanatory statement.
Within the program, $5,000,000 is provided as an initial
payment towards the $20,000,000 in compensation requested by
the Republic of the Marshall Islands for adverse financial and
economic impacts as authorized by Public Law 108-188.
Office of the Solicitor
SALARIES AND EXPENSES
The bill provides $66,816,000 for the Office of the
Solicitor. The detailed allocation of funding is included in
the table at the end of this explanatory statement.
Office of Inspector General
SALARIES AND EXPENSES
The bill provides $55,986,000 for the Office of Inspector
General. The detailed allocation of funding is included in the
table at the end of this explanatory statement. The agreement
includes additional funds to hire auditors, investigators, and
mission support staff, and provides the requested two-year
funding availability to avoid disruption in oversight
activities.
Office of the Special Trustee for American Indians
FEDERAL TRUST PROGRAMS
(INCLUDING TRANSFER AND RESCISSION OF FUNDS)
The bill provides $111,540,000 for the Office of the
Special Trustee for American Indians. The detailed allocation
of funding by activity is included in the table at the end of
this explanatory statement. The bill rescinds $3,000,000 from
prior year unobligated balances within Executive Direction and
Program Operations, Support and Improvements to the Office of
the Special Trustee, however, no funds appropriated for
historical accounting activities are being rescinded.
Department-Wide Programs
WILDLAND FIRE MANAGEMENT
(INCLUDING TRANSFERS OF FUNDS)
The bill provides a total of $1,252,338,000 for Department
of the Interior Wildland Fire Management. Of the funds
provided, $683,657,000 is for suppression operations, of which
$300,000,000 is provided through the Wildland Fire Cap
Adjustment authorized in the Consolidated Appropriations Act,
2018 (P.L. 115-141). The detailed allocation of funding by
activity is included in the table at the end of this
explanatory statement.
CENTRAL HAZARDOUS MATERIALS FUND
The bill includes $22,010,000 for the Central Hazardous
Materials Fund. Of that amount, $12,000,000 shall be for a one-
time competitive grant program that will fund radium
decontamination and remediation of facilities at any land-grant
university that was subjected to such contamination by actions
of the former United States Bureau of Mines and has been
notified by federal or state agencies that such contamination
exceeds allowable levels. The Department is urged to publish
application guidelines within 60 days of enactment of this Act
and make final selections and issue such grants as soon as
practicable thereafter.
Natural Resource Damage Assessment and Restoration
NATURAL RESOURCE DAMAGE ASSESSMENT FUND
The bill provides $7,767,000 for the Natural Resource
Damage Assessment Fund. The detailed allocation of funding by
activity is included in the table at the end of this
explanatory statement.
WORKING CAPITAL FUND
The bill provides $55,735,000 for the Department of the
Interior, Working Capital Fund. Funds are to be allocated
between the FBMS and Cybersecurity activities at the 2019
enacted level. No funds are provided for the New Pay
initiative.
OFFICE OF NATURAL RESOURCES REVENUE
The bill provides $147,330,000 for the Office of Natural
Resources Revenue.
General Provisions, Department of the Interior
(INCLUDING TRANSFERS OF FUNDS)
The bill includes various legislative provisions affecting
the Department in Title I of the bill, ``General Provisions,
Department of the Interior.'' The provisions are:
Section 101 provides Secretarial authority for the intra-
bureau transfer of program funds for expenditures in cases of
emergencies when all other emergency funds are exhausted.
Section 102 provides for the Department-wide expenditure or
transfer of funds by the Secretary in the event of actual or
potential emergencies including forest fires, range fires,
earthquakes, floods, volcanic eruptions, storms, oil spills,
grasshopper and Mormon cricket outbreaks, and surface mine
reclamation emergencies.
Section 103 provides for the use of appropriated funds by
the Secretary for contracts, rental cars and aircraft,
telephone expenses, and other certain services.
Section 104 provides for the expenditure or transfer of
funds from the Bureau of Indian Affairs and Bureau of Indian
Education, and the Office of the Special Trustee for American
Indians, for Indian trust management and reform activities.
Section 105 permits the redistribution of Tribal priority
allocation and Tribal base funds to alleviate funding
inequities.
Section 106 authorizes the acquisition of lands for the
purpose of operating and maintaining facilities that support
visitors to Ellis, Governors, and Liberty Islands.
Section 107 continues Outer Continental Shelf inspection
fees to be collected by the Secretary of the Interior.
Section 108 provides the Secretary of the Interior with
authority to enter into multi-year cooperative agreements with
non-profit organizations for long-term care of wild horses and
burros.
Section 109 addresses the U.S. Fish and Wildlife Service's
responsibilities for mass marking of salmonid stocks.
Section 110 allows the Bureau of Indian Affairs and Bureau
of Indian Education to more efficiently and effectively perform
reimbursable work.
Section 111 provides for the establishment of a Department
of the Interior Experienced Services Program.
Section 112 requires funds to be available for obligation
and expenditure not later than 60 days after the date of
enactment.
Section 113 addresses Natural Heritage Areas.
Section 114 provides Secretary of the Interior the ability
to transfer funds among and between the Bureau of Indian
Affairs and the Bureau of Indian Education.
Section 115 provides funding for the Payments in Lieu of
Taxes (PILT) program.
Section 116 addresses the issuance of rules for sage-
grouse.
Section 117 directs notification of any deviation in
procedure or equipment.
TITLE II--ENVIRONMENTAL PROTECTION AGENCY
The agreement provides $9,057,401,000 for the Environmental
Protection Agency (EPA). The agreement does not support
reductions proposed in the budget request unless explicitly
noted in the explanatory statement. The bill does not include
any of the requested funds for workforce reshaping.
Congressional Budget Justification.--As part of its fiscal
year 2021 budget justification submittal, the Agency is
directed to include the information specified in the joint
explanatory statement accompanying Public Law 116-6.
Budget Rebaselining.--In previous fiscal years, the
Committees have included account-wide rescissions of funds to
the Science and Technology account, Environmental Programs and
Management account, and State and Tribal Assistance Grants
(STAG) account and provided additional infrastructure funding
in a Title IV general provision. The Agency was given guidance
on how to apply the rescissions, and directed to submit, as
part of its annual operating plan, details of its application
of these rescissions at the program project level. For fiscal
year 2020, the Committees end both practices. The agreement
provides all Agency funds in Title II of the bill and does not
include any rescissions of funds. Any reference in this
explanatory statement to the fiscal year 2019 operating plan
level for a program area or program project are to the levels
contained in the fiscal year 2019 operating plan after the
application of any rescissions. For reference, operating plan
program area funding levels for fiscal year 2019 can be found
in Senate Report 116-123.
Operating Plan.--Within 30 days of enactment or February
10, 2020, whichever is later, the Agency is directed to submit
to the House and Senate Committees on Appropriations its annual
operating plan for fiscal year 2020. The operating plan shall
adhere to the program area levels, and where applicable,
program project levels, specified within this explanatory
statement. For program project levels not otherwise specified
herein, the operating plan should detail how the Agency plans
to allocate funds at the program project level.
Workforce and Staffing Plans.--The Committees expect the
Agency to submit, as part of its operating plan, FTE targets by
National Program Management area, with separate FTE targets for
headquarters and each regional office within each Program, in
line with the Agency's enacted fiscal year 2020 appropriation.
The Agency is directed to brief the Committees quarterly on
ongoing Agency actions to meet these FTE goals. The Agency
should also develop workforce and staffing plans to achieve
these FTE targets.
Study on Grants to Communities in Need.--The Agency is
directed to brief the Committees within 60 days of enactment on
how the Agency tracks competitive grant program funds and the
Agency's ability to track grant dollars as outlined under this
heading in House Report 116-100.
Science and Technology
For Science and Technology programs, the bill provides
$716,449,000. The bill transfers $30,747,000 from the Hazardous
Substance Superfund account to this account. The agreement
provides the following specific funding levels and direction:
Clean Air.--The agreement provides $116,064,000, which
includes a $700,000 increase for the Federal Vehicle and Fuels
Standards Certification program project above the fiscal year
2019 operating plan level.
Enforcement.--The agreement provides $13,592,000, which
includes a $600,000 increase for essential operations and
maintenance costs at the National Enforcement Center's
laboratory.
Indoor Air and Radiation.--The agreement provides
$5,149,000 and funding for the Radon Program is maintained at
not less than the fiscal year 2019 operating plan level.
Research: Air and Energy.--The agreement provides
$94,496,000 for Research: Air and Energy. Of this amount, up to
$4,500,000 shall be used to continue the study under the
heading ``Partnership Research'' contained in the joint
explanatory statement accompanying Public Law 115 141. The
agreement does not include the directive contained in House
Report 116-100 with respect to a National Academy of Sciences
review of the Integrated Science Assessment for Particulate
Matter.
Maintaining IRIS Program Integrity.--The Agency is directed
to continue funding for the Integrated Risk Information System
(IRIS) program at the fiscal year 2017 level and to continue
the program within the Office of Research and Development
(ORD). Within 60 days of enactment, the Agency is directed to
brief the Committees on the IRIS FTE structure and the detail
of IRIS FTEs to support other, non-IRIS, Agency programs, as
well as to support other Executive Branch agencies. The Agency
is expected to fully cooperate with the Committees' requests
for information.
Research: National Priorities.--The agreement provides
$6,000,000 to be used for extramural grants, independent of the
Science to Achieve Results (STAR) grant program, as specified
under this heading in Senate Report 116-123.
Research: Safe and Sustainable Water Resources.--The
agreement provides $110,890,000, a $6,000,000 increase above
the fiscal year 2019 operating plan level. Of this increase,
$3,000,000 should be used to support the Agency's ongoing work
to establish Maximum Contaminant Levels under the Safe Drinking
Water Act for Per- and Polyfluoroalkyl Substances (PFAS)
chemicals, and up to $1,000,000 shall be used for grants under
Section 2007 of Public Law 115-270.
Water: Human Health Protection.--The agreement provides
$4,094,000, as requested.
Additional Guidance.--The following additional guidance is
included:
STAR Grants.--The agreement provides funds to continue the
STAR program, and the Agency is directed to distribute grants
consistent with fiscal year 2019. The Agency is further
directed that funding for the Children's Environmental Health
and Disease Prevention Research Centers shall be continued at a
level consistent with prior years of funding, and the Agency
shall brief the Committees on its efforts to reestablish a
grant process for the Centers within 60 days of enactment.
Harmful Algal Blooms.--The agreement provides $6,000,000
for the Agency to carry out harmful algal bloom work consistent
with the direction in House Report 116-100.
Enhanced Aquifer Use.--The Agency is directed to continue
following the guidance contained in Senate Report 114-281.
Further, from the funds provided to Research: Safe and
Sustainable Waters, $2,000,000 shall be for research for
Enhanced Aquifer Use and Recharge. The Agency shall distribute
funds to appropriate Research Centers to carry out research
activities that would directly support groundwater research on
Enhanced Aquifer Recharge, including support of sole source
aquifers; to work collaboratively with U.S. Geological Survey
to carry out these activities; and to partner, through
cooperative agreements, contracts, or grants, with
universities, Tribes, and water related institutions for
planning, research, monitoring, outreach, and implementation in
furtherance of Enhanced Aquifer Recharge research.
Microplastics.--The Committees support the Agency's ongoing
efforts to develop standards for microplastics analysis. The
agreement provides $500,000 from within funds made available
under Research: Safe and Sustainable Water Resources for the
work described in Senate Report 116-123.
Environmental Impact of Currently Marketed Sunscreens.--The
Committees recognize the important health benefits that come
from reducing exposure to ultraviolet radiation, including by
the use of sunscreens. To better assess any potential
environmental impacts of currently marketed sunscreen filters
on the environment, the Agency is directed to contract with the
National Academy of Sciences (NAS) to conduct a review of the
scientific literature of currently marketed sunscreens'
potential risks to the marine environment. This review should
include any risks that sunscreen filters might pose to
freshwater ecosystems, coral reefs, aquatic and marine life,
and wetland ecosystems, and should identify any additional
research needed to conduct aquatic environmental risk
assessments. Additionally, the study should also review the
current scientific literature on the potential public health
implications associated with reduced use of currently marketed
sunscreen ingredients for protection against excess ultraviolet
radiation.
Environmental Programs and Management
For Environmental Programs and Management, the bill
provides $2,663,356,000. The agreement provides the following
specific funding levels and direction:
Clean Air.--The agreement provides $273,108,000. This
includes $129,350,000 for Federal Support for Air Quality
Management. The agreement also funds both program areas related
to stratospheric ozone at not less than the fiscal year 2019
enacted levels. The agreement provides $38,379,000 for the
EnergySTAR program, equal to the fiscal year 2019 level, and
the Agency is directed to follow the guidance related to the
operation of this program in the joint explanatory statement
accompanying Public Law 116-6.
Compliance.--The agreement provides $101,665,000. The
Agency is directed to provide to the Committees, within 30 days
of enactment, separate targets for onsite inspections and
offsite compliance monitoring activities for fiscal year 2020,
and similar separate target and actuals data from the previous
five fiscal years. Further, the Agency is encouraged to present
targets for these activities separately in future budget
requests.
Enforcement.--The agreement provides $240,637,000 for
enforcement, and the Agency is directed to follow the guidance
regarding Environmental Justice under this heading in House
Report 116-100.
Environmental Protection: National Priorities.--The
agreement provides $17,700,000 for a competitive grant program
for qualified non-profit organizations, to provide technical
assistance for improved water quality or safe drinking water,
adequate waste water to small systems or individual private
well owners. The Agency shall provide $15,000,000 for
Grassroots Rural and Small Community Water Systems Assistance
Act, for activities specified under Section 1442(e) of the Safe
Drinking Water Act (42 U.S.C.300j-1(e)(8)). The Agency is also
directed to provide $1,700,000 for grants to qualified not-for-
profit organizations for technical assistance for individual
private well owners, with priority given to organizations that
currently provide technical and educational assistance to
individual private well owners. The Agency is directed to
provide on a national and multi-State regional basis,
$1,000,000 for grants to qualified organizations, for the sole
purpose of providing on-site training and technical assistance
for wastewater systems. The Agency shall require each grantee
to provide a minimum 10 percent match, including in kind
contributions. The Agency is directed to allocate funds to
grantees within 180 days of enactment.
The Committees remain concerned that the Agency made a
decision to put out a multi-year Request for Applications for
fiscal years 2017 and 2018 without the express approval of the
Committees. The Agency is directed to obtain approval from the
Committees for any similar activity in the future.
Geographic Programs.--The agreement provides $510,276,000
as described in the table at the end of this division, and
includes the following direction:
Great Lakes Restoration Initiative.--The agreement provides
$320,000,000, and the Agency is directed to follow the guidance
in House Report 116-100.
Chesapeake Bay.--The agreement provides $85,000,000 for the
Chesapeake Bay program and the Agency is directed to follow the
guidance in House Report 116-100.
San Francisco Bay.--The agreement provides $5,922,000 for
the San Francisco Bay program and the Agency is directed to
follow the guidance in House Report 116-100.
Puget Sound.--The agreement provides $33,000,000 and the
Agency is directed to follow the guidance in House Report 116-
100.
Long Island Sound.--The agreement provides $21,000,000 and
the Agency is directed to follow the guidance in House Report
116-100.
Gulf of Mexico.--The agreement provides $17,553,000 for the
Gulf of Mexico Geographic Program and the Agency is directed to
follow the guidance in Senate Report 116-123.
South Florida Program.--The agreement provides $4,845,000
for the South Florida program and the Agency is directed to
follow the guidance in Senate Report 116-123.
Lake Champlain.--The agreement provides $13,390,000 for the
Lake Champlain program and the Agency is directed to follow the
guidance in Senate Report 116-123.
Lake Pontchartrain.--The agreement provides $1,442,000 for
the Lake Pontchartrain program.
Southern New England Estuaries.--The agreement provides
$5,400,000 and the Agency is directed to follow the guidance in
House Report 116-100.
Columbia River Basin Restoration Program.--The agreement
provides $1,236,000.
Northwest Forest Program.--The agreement maintains funding
to support the Northwest Forest Program at not less than the
fiscal year 2019 funding level.
Great Lakes and Lake Champlain Invasive Species Program.--
As authorized by the recently enacted Vessel Incident Discharge
Act (P.L. 115-282), the Agency is charged with implementing the
Great Lakes and Lake Champlain Invasive Species Program. As the
Agency develops its implementation plan, it is expected to
coordinate with all appropriate Federal agency partners, as
well as the Federally authorized Lake Champlain Basin Program.
The Agency is directed to submit an implementation plan within
90 days of enactment detailing actions the Agency expects to
take in fiscal year 2020 to implement this important program.
Indoor Air and Radiation.--The agreement provides
$24,951,000 and maintains the Radon program at not less than
the fiscal year 2019 enacted level of $3,136,000. The Agency is
directed to continue following the guidance under this heading
in the joint explanatory statement accompanying Public Law 116-
6.
Information Exchange/Outreach.--The agreement provides
$118,828,000. Funding for the Tribal Capacity Building and
Toxic Release Inventory program projects are maintained at the
fiscal year 2019 operating plan level. The Agency is expected
to continue the Small Minority Business Assistance program.
Resource Conservation and Recovery Act.--The agreement
provides $112,789,000. Of funds provided under this section,
$9,000,000 should be allocated for the purpose of developing
and implementing a Federal permit program for the regulation of
coal combustion residuals in nonparticipating states, as
authorized under section 4005(d)(2)(B) of the Solid Waste
Disposal Act (42 U.S.C. 6945(d)(2)(B)), or to provide technical
assistance to states establishing their own permitting program
under section 4005(d) of the Solid Waste Disposal Act (42
U.S.C. 6945(d)). The Water Infrastructure Improvements for the
Nation Act of 2016 (P.L. 114-322) provided the Agency the
authority to approve state coal combustion residual management
permit programs in lieu of federal requirements if the state's
standards are as protective as the federal standards. The
Committees note that the Agency has already approved one state
coal combustion residual program and the Committees understand
that the Agency is working with other states as well. To better
support and engage with states on coal combustion residual
management plans, the Agency is encouraged to proactively work
with states seeking to establish their own programs and provide
any requested technical assistance on the creation and
operation of state coal combustion residual management permit
programs.
Additionally, the Agency should continue the Waste
Minimization and Recycling program at the enacted level, and
the agreement provides $2,000,000 to help public entities
demonstrate community anaerobic digester applications, as
specified in Senate Report 116-123.
Water: Ecosystems.--The agreement provides $49,064,000.
Within the amount provided, $29,823,000 has been provided for
National Estuary Program (NEP) grants as authorized by section
320 of the Clean Water Act. This amount is sufficient to
provide each of the 28 national estuaries in the program with a
grant of at least $662,500. Further, in the Administrative
Provisions section, the bill directs that $1,350,000 in
competitive grants be made available for additional projects.
Water: Human Health Protection.--The agreement provides
$102,487,000. Of the increase provided above the operating plan
level, $1,000,000 is provided as requested for PFAS work in
drinking water systems, $1,500,000 should be used for the
initiation of the next Drinking Water Infrastructure Needs
Survey, and the remainder should be applied towards
implementation of Public Law 115-270. The beach program is
funded at the fiscal year 2019 enacted level.
Water Quality Protection.--The agreement provides
$207,689,000, and the increase above the operating plan level
is provided to support the development of the next Clean
Watershed Needs Survey. The agreement rejects the proposed
elimination of the WaterSense and Urban Waters programs. The
Agency is directed to continue funding for these activities at
the fiscal year 2019 enacted levels of $4,510,000 and
$2,475,000, respectively. Additionally, the agreement supports
the Agency's ongoing activities related to integrated planning,
which will be increasingly necessary as States and communities
work to meet their clean water obligations while keeping rates
affordable for water ratepayers.
Additional Guidance.--The following additional guidance is
included:
National Recycling Strategy.--The Committees applaud recent
announcements by the Agency promoting recycling and waste
minimization efforts. As part of its ongoing work in this area,
the Agency is directed to submit the report detailed under this
heading in House Report 116-100.
Diesel Generators in Remote Alaska Villages.--On October 4,
2019, the Alaska Remote Generator Reliability and Protection
Act was signed into law (P.L. 116-62). A final rule modifying
emissions performance requirements for stationary diesel
generators in remote areas was published in the Federal
Register on November 13, 2019. This rule will increase energy
affordability and reliability in remote Alaska.
PFOA/PFAS.--The Agency is directed to brief the Committees
within 60 days of enactment on its ongoing work to set maximum
contaminant levels for PFAS under the Safe Drinking Water Act,
as called for in its PFAS Action Plan. The briefing should
include detailed accounting by program project of all PFAS-
related work and associated expenditures at the Agency over the
prior two fiscal years, planned activities and resource
allocations for ongoing PFAS-related work for fiscal year 2020,
and estimates for any work outlined in the Action Plan that the
Agency intends to undertake in fiscal year 2021.
Protecting School Children from Lead.--The Committees note
that the Agency published proposed revisions to the Lead and
Copper Rule on November 13, 2019. The Committees acknowledge
that the proposed revisions contain important proposals
regarding lead and copper monitoring in schools and child care
facilities. The Committees strongly support policies that
enhance the safety and quality of water in schools and child
care facilities. The Agency is urged to finalize the proposed
revisions to the Lead and Copper Rule as expeditiously as
possible.
U.S.-British Columbia Transboundary Watersheds.--The
Committees direct the Agency to continue and expand its work
coordinating with Federal, State, local, and tribal agencies to
monitor and reduce transboundary hazardous contaminants in the
Kootenai watershed. The Agency is directed to coordinate with
the Department of State, U.S. Geological Survey, and other
partners to submit a report to the Committees within 60 days of
enactment on any remaining data gaps to address transboundary
watershed contamination in the Kootenai with Canada. The Agency
is also directed to release to the Committees, within 180 days
of enactment, any data gap analysis relating to potential
impacts to water quality and/or aquatic resources related to
hard rock copper and gold mining projects in British Columbia
for transboundary rivers.
HAZARDOUS WASTE ELECTRONIC MANIFEST SYSTEM FUND
The bill provides $8,000,000, which is expected to be fully
offset by fees for a net appropriation of $0.
Office of Inspector General
The bill provides $41,489,000 for the Office of Inspector
General.
BUILDINGS AND FACILITIES
The bill provides $33,598,000 for Buildings and Facilities.
HAZARDOUS SUBSTANCE SUPERFUND
(INCLUDING TRANSFERS OF FUNDS)
The bill provides $1,184,755,000 for the Hazardous
Substance Superfund account and includes bill language to
transfer $11,586,000 to the Office of Inspector General account
and $30,747,000 to the Science and Technology account. The
agreement provides the following additional direction:
Enforcement.--The agreement provides $168,375,000, and the
Agency is directed to follow the additional guidance under this
heading contained in House Report 116-100 and Senate Report
116-123.
Research: Chemical Safety and Sustainability.--The
agreement provides $12,824,000, a $10,000,000 increase above
the fiscal year 2019 operating plan level to address research
needs in support of designating PFAS chemicals as hazardous
substances under Section 102 of CERCLA. The Agency is directed
to include these funds as part of the transfer to the Science
and Technology account.
Research: Sustainable and Healthy Communities.--The
agreement provides $16,463,000, a $5,000,000 increase above the
fiscal year 2019 operating plan level to address research needs
in support of designating PFAS chemicals as hazardous
substances under Section 102 of the Comprehensive Environmental
Response, Compensation, and Liability Act (CERCLA). The Agency
is directed to include these funds as part of the transfer to
the Science and Technology account.
Superfund Cleanup.--The agreement provides $794,740,000, a
$5,000,000 increase above the fiscal year 2019 operating plan
level.
Operation of Aircraft.--The bill provides authority within
this account for the Agency to use aircraft to assist in
carrying out its response mission.
LEAKING UNDERGROUND STORAGE TANK TRUST FUND PROGRAM
The bill provides $91,941,000 for the Leaking Underground
Storage Tank Trust Fund Program and is directed to allocate
funds as in fiscal year 2019.
INLAND OIL SPILL PROGRAMS
The bill provides $19,581,000 for Inland Oil Spill
Programs.
Oil.--The agreement provides $15,700,000. Of the increase
provided, $500,000 should be used to support emergency
responder trainings, and the remainder should be used for oil
accident preparedness and prevention, as specified in House
Report 116-100.
Preventing Oil Spills.--The Committees are aware of the
high non-compliance rate among facilities that are required to
submit Spill Prevention Control and Countermeasures Plans or
Facility Response Plans. The Committees direct the agency to
develop and implement strategies to reduce the rate of non-
compliance. The Agency is directed to brief the Committees on
its strategy within 90 days of enactment.
Operation of Aircraft.--The bill provides authority within
this account for the Agency to use aircraft to assist in
carrying out its response mission.
STATE AND TRIBAL ASSISTANCE GRANTS
The bill provides $4,246,232,000 for the State and Tribal
Assistance Grants program and includes the following specific
funding levels and direction:
Infrastructure Assistance.--The bill provides
$3,170,325,000 for infrastructure assistance.
Mexico Border.--The bill provides $25,000,000 for the
Mexico Border Program. Projects that seek to abate a mixture of
stormwater runoff and raw sewage are eligible.
Brownfields Program.--The bill provides $89,000,000 for
Brownfields grants and directs that at least 10 percent of such
grants be provided to areas in which at least 20 percent of the
population has lived under the poverty level over the past 30
years as determined by censuses and the most recent Small Area
Income and Poverty Estimates. The bill makes U.S. territories
and possessions categorically eligible for funding from within
this setaside.
Diesel Emission Reductions Grants (DERA).--The agreement
provides $87,000,000 for DERA grants and the Agency is expected
to allocate funds consistent with the guidance contained in the
explanatory statement accompanying Public Law 116-6.
Targeted Airshed Grants.--The agreement provides
$56,306,000, and the Agency is directed to follow the guidance
contained in the explanatory statement accompanying Public Law
116-6.
Combined Sewer Overflow Grants.--The agreement provides
$28,000,000 for grants as authorized under section 221 of the
Federal Water Pollution Control Act (33 U.S.C. 1301).
Categorical Grants.--The bill provides $1,075,907,000 for
Categorical Grants. Funding levels are specified in the table
at the end of this division. Within this amount, the Beaches
Protection program and Radon program are both maintained at the
fiscal year 2019 operating plan levels.
Hazardous Waste Financial Assistance Grants.--The agreement
provides $96,446,000 for grants authorized under the Solid
Waste Disposal Act, as amended by Sec. 3011 of the Resource
Conservation and Recovery Act.
Public Water System Supervision Grants.--The agreement
provides $106,250,000. Of the increase provided, $7,000,000 is
intended to further support States, Territories, and Tribes in
addressing PFAS and other contaminants of emerging concern as
they carry out their Public Water System Supervision programs.
Multipurpose Grants.--The agreement provides $13,000,000.
States and Tribes play a significant role helping reduce public
exposure to emerging contaminants like PFAS. These grants are
expected to assist States and Tribes in their efforts to
facilitate treatment, cleanup, and remediation efforts of PFAS
and other emerging contaminants in contaminated water sources,
water systems, and lands. The Agency is directed to continue to
give maximum flexibility to States and Tribes so that they, not
the Agency, may determine where funds from this grant program
are of most value.
WATER INFRASTRUCTURE FINANCE AND INNOVATION PROGRAM ACCOUNT
The agreement provides a total of $60,000,000 for the Water
Infrastructure Finance and Innovation Act (WIFIA) program. Of
the amount provided, $5,000,000 shall be for implementation of
the SRF WIN Act, as authorized by section 4201 of Public Law
115-270.
ADMINISTRATIVE PROVISIONS--ENVIRONMENTAL PROTECTION AGENCY
(INCLUDING TRANSFERS OF FUNDS)
The bill continues several administrative provisions from
previous years.
The bill directs the availability of not less than
$1,350,000 of funds for the National Estuary Program for
competitive grants.
The bill extends the authority for the Agency to hire
scientists under 42 U.S.C. 209 until 2025. The Agency is
directed to submit a report biannually on its use of this
authority to the Committees and to the Committees on Energy and
Commerce and Science, Space and Technology in the House of
Representatives and the Committee on Environment and Public
Works in the Senate.
TITLE III--RELATED AGENCIES
Department of Agriculture
OFFICE OF THE UNDER SECRETARY FOR NATURAL RESOURCES AND ENVIRONMENT
The bill provides $875,000 for the Office of the Under
Secretary for Natural Resources and Environment.
Forest Service Accounting, Budgeting, and Management.--The
Forest Service's (Service) efforts to improve its accounting,
budgeting, and management practices are appreciated and ongoing
work of the Service, Office of Budget and Program Analysis,
Under Secretary for Natural Resources and Environment, and
Secretary of Agriculture to continue these improvements is
expected. To ensure the enactment of these efforts on October
1, 2020, bill language has been included directing the
Secretary of Agriculture to establish the ``Forest Service
Operations'' account. The Secretary of Agriculture, acting
through the Chief of the Forest Service, is directed to
transmit to the Committees a proposal for an alternative budget
structure within 45 days of enactment of this Act. Subsequent
to the transmittal of this proposal, the Service shall consult
with the Committees to develop a finalized alternative budget
structure. The Forest Service's Office of Strategic Planning,
Budget, and Accountability, not later than June 1, 2020, shall
submit to the Committees:
1. technical assistance on new legislative language for the
account structure;
2. comparison tables of fiscal years 2019, 2020, and 2021
in the account structure;
3. a copy of the interim financial management policy manual
addressing changes made in this Act;
4. an outline of the financial management policy manual
changes necessary for the account structure;
5. proposed changes to transfer and reprogramming
requirements, including technical assistance on legislative
language;
6. certification by the USDA Chief Financial Officer that
the Forest Service's financial systems can report in the new
account structure; and
7. a plan for training and implementation of the account
structure.
Forest Service Directives.--The Service is reminded of the
directives included in House Report 116-100 and Senate Report
116-123 that are not specifically addressed herein, as well as
the new directives in this statement, including the front
matter.
Wildland Fire Management.--The Consolidated Appropriations
Act, 2018 (P.L. 115-141) provided a budget cap adjustment for
wildfire suppression costs and included forest management
reforms. The Service and the Secretary of Agriculture are
reminded of the multi-year effort to achieve these budget and
legislative changes and the expectation that all authorities
will be appropriately used to improve the condition of the
Nation's forests, as well as the ability of the Service to
proactively manage and sustain them for future generations. The
Service is also reminded of expectations for more accurate
accounting for wildfire suppression costs, especially in light
of the Service's ability to access cap adjustment funding for
the first time in fiscal year 2020.
FOREST SERVICE
FOREST AND RANGELAND RESEARCH
The bill provides $305,000,000 for Forest and Rangeland
Research. This includes $228,000,000 for base research
activities and $77,000,000 for Forest Inventory and Analysis.
The Service is directed to provide $3,000,000 to the Joint Fire
Science Program for fiscal year 2020.
The Service is expected to restructure the research program
by fiscal year 2021 and to report on the restructuring progress
within 30 days of the enactment of this Act. This restructure
shall ensure that research activities are focused on the key
areas where the Service's management responsibilities will
benefit the most.
STATE AND PRIVATE FORESTRY
The bill provides $346,990,000 for State and Private
Forestry. The detailed allocation of funding by activity is
included in the table at the end of this explanatory statement.
Of the funds provided for Federal Lands Forest Health
Management, $3,000,000 is for Service-wide strategic workforce
planning efforts.
Landscape Scale Restoration.--The Service is directed to
use funds for competitive grants.
Forest Legacy.--The bill provides $63,990,000 for the
Forest Legacy program. This includes $6,400,000 for program
administration and $57,590,000 for projects. The Service should
fund projects in priority order according to the updated,
competitively selected national priority list submitted to the
Committees.
International Forestry.--The bill includes $12,000,000 for
International Programs, an increase of $3,000,000 above the
fiscal year 2019 enacted level. This increase will be used for
the office's programmatic work to include combatting overseas
illegal timber harvests and conserving the habitat of U.S.
migratory species, including the monarch butterfly.
NATIONAL FOREST SYSTEM
The bill provides $1,957,510,000 for the National Forest
System. The detailed allocation of funding by activity is
included in the table at the end of this explanatory statement.
The agreement does not include the direction regarding the
Dakota Prairie Grasslands.
Hazardous Fuels.--The bill provides $445,310,000 for
hazardous fuels management activities within the National
Forest System account. Included in this amount is $4,000,000
for the Southwest Ecological Restoration Institutes.
Four Forests Restoration Initiative.--The Service is
directed to submit a report to the Committees on
Appropriations, the House Natural Resources Committee, and the
Senate Energy and Natural Resources Committee, not later than
90 days after the enactment of this Act, detailing efforts to
accelerate forest ecosystem restoration under the Four Forest
Restoration Initiative.
CAPITAL IMPROVEMENT AND MAINTENANCE (INCLUDING TRANSFER OF FUNDS)
The bill provides $455,000,000 for Capital Improvement and
Maintenance programs.
Facilities.-- The bill includes $154,000,000 for
Facilities. The Service is expected to follow the directions in
House Report 116-100 and Senate Report 116-123 and within the
funds provided, at least $53,000,000 shall be for capital
improvements, decommissioning, and dam safety projects, of
which, an additional $2,000,000 is included for air tanker base
repairs. Consistent with Service planning for a new Green
Mountain and Finger Lakes National Forests Supervisor's Office,
the Service shall begin construction.
Roads.--The bill includes an increase of $2,000,000 for
Roads to be used to increase public safety.
Trails.--The bill includes $81,000,000 for Trails.
LAND ACQUISITION
(INCLUDING RESCISSION OF FUNDS)
The bill provides $78,898,000 in new budget authority for
Land Acquisition, and includes a rescission of $2,000,000 to be
derived from prior year unobligated balances. The amounts
provided by this bill for projects are shown in the table below
and are listed in the priority order and in the amounts
recommended by the Service for fiscal year 2020.
----------------------------------------------------------------------------------------------------------------
State Project Forest Unit This Bill
----------------------------------------------------------------------------------------------------------------
MT................................... Clearwater Blackfoot... Lolo................... $9,000,000
ID................................... Teton Timbers.......... Caribou-Targhee........ 2,750,000
MT................................... Lolo Trails Landmark... Lolo................... 4,400,000
OR................................... Wasson Creek........... Siuslaw................ 4,268,000
MN................................... Minnesota School Trust Superior............... 4,500,000
Lands.
CA................................... Sanhedrin.............. Mendocino.............. 6,400,000
SC................................... Promise of the Piedmont Francis Marion & Sumter 1,600,000
CA................................... Wild & Scenic Kern Sequoia................ 1,505,000
River Access.
MI................................... West Branch of the Ottawa................. 2,000,000
Ontonagon.
TN................................... Tennessee Mountain Cherokee............... 4,000,000
Trails & Waters.
NC................................... NC Threatened Treasures Nantahala/Pisgah/ 4,500,000
Uwharrie.
ID................................... SF Wilderness Ranch.... Payette................ 1,500,000
NM................................... Mimbres River Parcels.. Gila................... 2,906,000
WV................................... Hooke Brothers......... Monongahela............ 750,000
KY................................... Daniel Boone NF........ Daniel Boone........... 350,000
VT................................... Green Mountain NF Green Mountain......... 600,000
(inholdings).
VA/WV................................ George Washington and George Washington and 920,000
Jefferson NF. Jefferson.
AL................................... Alabama's Wild Wonders. Bankhead/Talladega/ 500,000
Conecuh.
OR................................... Three Rivers........... Siuslaw................ 720,000
AK................................... Kadashan............... Tongass................ 500,000
GA................................... Chattahoochee-Oconee NF Chattahoochee-Oconee... 620,000
WA................................... Washington Cascades.... Okanogan-Wenatchee..... 1,800,000
VT................................... Lincoln Peak........... Green Mountain......... 350,000
CA................................... Trinity Alps Wilderness Shasta-Trinity......... 1,200,000
(inholdings).
------------------------
Subtotal, Line-item ....................... 57,639,000
projects.
----------------------------------------------------------------------------------------------------------------
Budget
Request This Bill
----------------------------------------------------------------------------------------------------------------
Acquisition Management............. 0 8,000,000
Recreational Access................ 0 9,500,000
Critical Inholdings/Wilderness..... 0 3,500,000
Cash Equalization.................. 0 250
Rescission of Funds................ -17,000,000 -2,000,000
Total, FS Land Acquisition......... -17,000,000 76,898,000
----------------------------------------------------------------------------------------------------------------
ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL ACTS
The bill provides $700,000 for the Acquisition of Lands for
National Forests Special Acts.
ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES
The bill provides $150,000 for the Acquisition of Lands to
Complete Land Exchanges.
RANGE BETTERMENT FUND
The bill provides $2,000,000 for the Range Betterment Fund.
GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND RANGELAND RESEARCH
The bill provides $45,000 for Gifts, Donations and Bequests
for Forest and Rangeland Research.
MANAGEMENT OF NATIONAL FOREST LANDS FOR SUBSISTENCE USES
The bill provides $2,500,000 for the Management of National
Forest Lands for Subsistence Uses.
WILDLAND FIRE MANAGEMENT
(INCLUDING TRANSFERS OF FUNDS)
The bill provides a total of $4,300,620,000 for Forest
Service Wildland Fire Management. Of the funds provided,
$2,961,000,000 is for suppression operations, of which
$1,950,000,000 is provided through the Wildland Fire Cap
Adjustment authorized in the Consolidated Appropriations Act,
2018 (P.L. 115-141).
Department of Health and Human Services
INDIAN HEALTH SERVICE
INDIAN HEALTH SERVICES
The bill provides a total of $6,047,094,000 for the Indian
Health Service (IHS), of which $4,315,205,000 is for the
Services account as detailed below. All programs, projects, and
activities are maintained at fiscal year 2019 enacted levels
unless otherwise specified below. IHS is expected to comply
with the instructions and requirements at the beginning of this
division and in House Report 116-100 and Senate Report 116-123,
unless otherwise specified below. Additional details,
instructions, and requirements follow below and in the table at
the end of this division.
Staffing for New Facilities.--The agreement includes
$78,200,000 for staffing newly opened health facilities, which
is the full amount based upon updated estimates provided to the
Committees. Funds for the staffing of new facilities are
limited to facilities funded through the Health Care Facilities
Construction Priority System or the Joint Venture Construction
Program that have opened in fiscal year 2019 or will open in
fiscal year 2020. None of these funds may be allocated to a
facility until such facility has achieved beneficial occupancy
status. As part of its annual budget justification, IHS is
expected to detail, for the two prior fiscal years, the
transfer from the Staffing for New Facilities account into the
base amount of each facility as well as continue detailing the
amounts necessary for the Staffing for New Facilities account
by facility for the upcoming fiscal year. As initial estimates
included as part of the annual budget request are refined, IHS
is expected to communicate updated cost estimates to the
Committees.
105(l) Lease Costs.--The recommendation includes
$125,000,000 for section 105(l) lease costs, $89,000,000 above
the enacted level. These funds are to supplement existing funds
available for operational costs at Village Built Clinics and
Tribal clinics operated under an Indian Self-Determination and
Education Assistance Act compact or contract where health care
is delivered in space acquired through a full-service lease.
IHS is directed to comply with the 105(l) lease costs language
included in the front of this report as well as the directive
in the Senate Report 116-123 regarding the specific statutory
and regulatory challenges that may make it difficult to
accurately formulate a budget for these costs.
Hospitals and Health Clinics.--The agreement provides
$2,324,606,000 for hospitals and health clinics, and includes
$9,967,000 for domestic violence prevention, $5,433,000 for
Tribal Epidemiology Centers, $11,463,000 for new Tribes,
$2,000,000 for quality and oversight, and $5,000,000 for the
national Community Health Aide Program (CHAP) expansion, which
shall not divert funding from the existing CHAP program serving
Alaska. The agreement funds the existing CHAP program at the
fiscal year 2019 level.
Electronic Health Records.--The agreement provides
$8,000,000 for Electronic Health Record (EHR) system to improve
the current IT infrastructure system in order to support the
deployment of a new or modernized EHR solution. The new or
modernized EHR shall be compatible with the new Veterans
Affairs system and with systems used by Indian Tribes or Tribal
organizations that do not currently use the resource patient
management system (RPMS).
Dental Health.--The agreement provides $210,590,000 for
dental health and includes $2,000,000 for the electronic dental
health records (EDR) system to enable IHS to bring more dental
centers onto the system and to manage the current electronic
dental record system. IHS is directed to include EDR in its
assessment and incorporate EDR in overall efforts to enhance
its EHR system.
Mental Health.--The bill provides $108,933,000 for mental
health and continues funding at fiscal year 2019 levels for the
behavioral health integration initiative and for suicide
prevention.
Opioid Grants.--To better combat the opioid epidemic, the
agreement continues funding of $10,000,000 and instructs IHS,
in coordination with the Assistant Secretary for Mental Health
and Substance Abuse, to use the funds provided to continue a
Special Behavioral Health Pilot Program as authorized by Public
Law 116-6. The Director of IHS, in coordination with the
Assistant Secretary for Mental Health and Substance Use, shall
award grants for providing services, providing technical
assistance to grantees under this section, collecting data, and
evaluating performance of the program.
IHS is finishing Tribal consultation for the substance
abuse, suicide prevention, and domestic violence funding and
the Service is urged to complete this phase of the process
within 90 days of the date of enactment of this Act so that
funds can be distributed expeditiously.
Alcohol and Substance Abuse.--The bill provides
$245,603,000 for alcohol and substance abuse and includes the
$1,369,000 transfer of the former National Institute on Alcohol
Abuse and Alcoholism programs (former-NIAAA programs) to the
urban Indians health program. As noted above, the agreement
continues fiscal year 2019 funding levels to address opioid
abuse and provide essential detoxification services as well as
fund Generation Indigenous and the Youth Pilot project. Funding
for detoxification services shall be distributed as directed in
Senate Report 116-123.
Urban Indian Health.--The agreement provides $57,684,000
for urban Indian health programs and includes the requested
transfer of $1,369,000 former-NIAAA programs from the alcohol
and substance abuse program.
Indian Health Professions.--The agreement provides
$65,314,000 for Indian health professions, including
$40,000,000 for the loan repayment program and a $3,951,000
general program increase to help with the recruitment and
retention of health professionals. The agreement has provided
these funds with the Indian Health Professions program rather
than within the Hospitals and Health Clinics program as
originally requested by the Administration. Funding is
continued at the fiscal year 2019 levels for the InMed fourth
site, Quentin N. Burdick Indians into Nursing, and the American
Indians into Psychology Programs.
CONTRACT SUPPORT COSTS
The bill continues language from fiscal year 2019
establishing an indefinite appropriation for contract support
costs estimated to be $820,000,000, which is equal to the
request.
INDIAN HEALTH FACILITIES
The bill provides $911,889,000 for Indian Health
Facilities. All programs, projects, and activities are
maintained at fiscal year 2019 enacted levels unless otherwise
specified below. Current services are provided, as requested.
Staffing for New Facilities.--The bill includes $5,740,000
for staffing newly opened health facilities, which is the full
amount based upon updated estimates provided to the Committees.
The stipulations included in the ``Indian Health Services''
account regarding the allocation of funds pertain to this
account as well.
Funds for the staffing of new facilities are limited to
facilities funded through the Health Care Facilities
Construction Priority System or the Joint Venture Construction
Program that have opened in fiscal year 2019 or will open in
fiscal year 2020. None of these funds may be allocated to a
facility until such facility has achieved beneficial occupancy
status. There is continued support for the Joint Venture
program as currently implemented by IHS although IHS is
directed to establish a more consistent application cycle of
between three to five years. At each competitive cycle, IHS
should select a specific number of awards and non-selected
applications should be eligible to reapply during the next
competitive cycle.
Health Care Facilities Construction.--The agreement
provides $911,889,000 for health care facilities construction,
of which $5,000,000 is for green infrastructure and $25,000,000
is for small ambulatory clinics. Of the small ambulatory funds,
$5,000,000 is for replacement and expansion projects.
With the funds provided for green infrastructure, the
agreement directs the Service to incorporate planning, design,
and operations of buildings to reduce costs, minimize
environmental impacts, use renewable energy and incorporate
green infrastructure and the most current energy efficiency
codes and standards to the maximum extent practicable and
submit a report to the Committees on Appropriations within 120
days of enactment of this Act describing how the Service plans
to use these funds to incorporate these activities into
facilities, including how the funds were distributed by Tribe
and project.
National Institutes of Health
NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES
The agreement provides $81,000,000 for the National
Institute of Environmental Health Sciences. The $2,000,000
increase above the enacted level is provided to help meet the
demands of the Superfund Research Program and to support
research on PFAS and other contaminants of emerging concern.
Agency for Toxic Substances and Disease Registry
TOXIC SUBSTANCES AND ENVIRONMENTAL PUBLIC HEALTH
The agreement provides $76,691,000. The $2,000,000 increase
is provided to further support the Agency's research efforts
for PFAS and other contaminants of emerging concern, by
increasing the Agency's statistical and data analytical
capacity and technical expertise. The Committees expect this
increase will position the Agency to better respond to
communities exposed to such chemicals. Further, the Agency is
directed to follow the additional guidance provided in Senate
Report 116-123.
Other Related Agencies
Executive Office of the President
COUNCIL ON ENVIRONMENTAL QUALITY AND OFFICE OF ENVIRONMENTAL QUALITY
The agreement provides $2,994,000 for the Council on
Environmental Quality and Office of Environmental Quality.
Chemical Safety and Hazard Investigation Board
SALARIES AND EXPENSES
The bill provides $12,000,000 for the Chemical Safety and
Hazard Investigation Board.
Office of Navajo and Hopi Indian Relocation
SALARIES AND EXPENSES
The bill provides $7,500,000 for the Office of Navajo and
Hopi Indian Relocation for salaries and expenses. The bill
continues the direction provided in the explanatory statement
accompanying Division G of the Consolidated Appropriations Act,
2017 (P.L. 115-31). There is continued commitment to bringing
the relocation process to an orderly conclusion and ensuring
all eligible relocatees receive the relocation benefits to
which they are entitled. Consultation with all affected parties
and agencies is the key to a transparent, orderly closeout.
Institute of American Indian and Alaska Native Culture and Arts
Development
PAYMENT TO THE INSTITUTE
The bill provides $10,458,000 for fixed costs and academic
program requirements of the Institute of American Indian Arts.
Smithsonian Institution
SALARIES AND EXPENSES
The bill provides a total of $1,047,358,000 for all
Smithsonian Institution accounts, of which $793,658,000 is
provided for salaries and expenses and remains available until
September 30, 2021. The detailed allocation of funding is
included in the table at the end of this explanatory statement.
Within amounts provided for the Salaries and Expenses
account, the recommendation includes $5,000,000 for the
Institution's Latino initiatives and the Smithsonian Latino
Center; $1,300,000 for the Research equipment pool; $3,187,000
for the information resources management pool; $5,000,000 for
the American Women's History Initiatives; and funding as
requested for the Asian Pacific American experience.
The agreement provides funding increases above the enacted
level of $500,000 for animal welfare; $570,000 for
digitization; $200,000 for library subscription inflation; and
$1,338,000 to cover higher communication costs. The agreement
also includes $500,000 in the National Museum of African
American History and Culture for partnership activities related
to the recently discovered Clotilda, as provided in Senate
Report 116-123.
The agreement provides $114,545,000 for facilities
maintenance, including a surge of $35,000,000 to address
deferred maintenance and repairs. The increases provided to
address the deferred maintenance backlog will be executed with
contractor support.
The recommendation provides $236,673,000 for facilities
operations, security and support as requested in the
Congressional budget justification.
Bill language is included to allow the Institution to
purchase a new administrative building with the Institution's
trust funds to avoid escalating lease costs and increase
efficiency by consolidating functions in one location. The
Committees also include bill language requiring a report to
Congress prior to any agreement by the Institution to sell its
ownership interest or any portion of the building it acquires.
This report is to include a justification for the proposed
sale, a description of the expected principal provisions of
such an agreement, as well as an analysis of the potential
effects of the agreement on the Federal Government. This
analysis must include an estimate of revenue or loss associated
with the proposed sale, a description of the Secretary's plans
for using any revenue in a way that advances the mission of the
Smithsonian, and a plan for providing appropriate work space
for impacted federal employees.
FACILITIES CAPITAL
The bill provides $253,700,000 for Facilities Capital. The
recommendation includes $224,400,000 for revitalization, of
which $135,000,000 is provided for the multi-year, multi-phase
National Air and Space Museum revitalization effort. Facilities
planning and design is funded at $29,300,000 of which
$16,000,000, as requested, is for the Smithsonian Castle and
Arts and Industries Buildings.
National Gallery of Art
SALARIES AND EXPENSES
The bill provides $147,022,000 for the Salaries and
Expenses account of the National Gallery of Art, of which not
to exceed $3,660,000 is for the special exhibition program.
REPAIR, RESTORATION, AND RENOVATION OF BUILDINGS
The bill provides $26,203,000 for the Repair, Restoration,
and Renovation of Buildings account and includes funds for the
design of an off-site art storage facility in partnership with
the Smithsonian Institution.
John F. Kennedy Center for the Performing Arts
OPERATIONS AND MAINTENANCE
The bill provides $25,690,000 for the Operations and
Maintenance account.
CAPITAL REPAIR AND RESTORATION
The bill provides $17,800,000 for the Capital Repair and
Restoration account. Funds provided above the request are to
address critical safety, security, and capital repair and
restoration needs.
Woodrow Wilson International Center for Scholars
SALARIES AND EXPENSES
The bill provides $14,000,000 for the Woodrow Wilson
International Center for Scholars to continue the Federal
commitment and support operations.
National Foundation on the Arts and the Humanities
NATIONAL ENDOWMENT FOR THE ARTS
GRANTS AND ADMINISTRATION
The bill provides $162,250,000 for the National Endowment
for the Arts to continue the important work of the Endowment
(NEA). Changes to the enacted level are included in the table
at the end of this explanatory statement. The NEA is reminded
of the directives included in House Report 116-100 and Senate
Report 116-123 regarding the collaborative relationship among
NEA and the States, priorities, and allocation to State arts
agencies.
NATIONAL ENDOWMENT FOR THE HUMANITIES
GRANTS AND ADMINISTRATION
The bill provides $162,250,000 for the National Endowment
for the Humanities (NEH) to continue the important work of the
Endowment. Changes to the enacted level are included in the
table at the end of this explanatory statement. The agreement
includes $4,172,000 for the program development and cross-
cutting grants associated with the ``A More Perfect Union''
initiative focused on three programmatic areas: The United
States Semiquincentennial; civics education; and veterans
programming. NEH has supported these program areas within core
budget lines in previous years and may continue to do so for
activities that fit those budget lines. The Committee also
encourages the NEH to incorporate and continue two popular
components of the former ``We the People'' initiative grant
opportunities, the National Digital Newspapers Program, and the
Landmarks of American History and Culture workshops as part of
the new initiative or with other funds. Within the funds
provided, NEH is also expected to continue its support of
native language preservation and education programs.
Commission of Fine Arts
SALARIES AND EXPENSES
The bill provides $3,240,000 for the Commission of Fine
Arts. Within the increase, funding has been included to provide
an additional FTE for IT and cybersecurity support.
National Capital Arts and Cultural Affairs
The bill provides $5,000,000 for the National Capital Arts
and Cultural Affairs program. Grant funds shall be distributed
consistent with the established formula and eligibility
requirements used in fiscal year 2019.
Advisory Council on Historic Preservation
SALARIES AND EXPENSES
The bill provides $7,378,000 for the Advisory Council on
Historic Preservation.
National Capital Planning Commission
SALARIES AND EXPENSES
The bill provides $8,124,000 for the National Capital
Planning Commission.
United States Holocaust Memorial Museum
HOLOCAUST MEMORIAL MUSEUM
The bill provides $60,388,000 for the United States
Holocaust Memorial Museum. The Director shall submit a report
to the House and Senate Committees on Appropriations within 120
days of enactment of this Act that describes the efforts of the
United States Holocaust Memorial Museum to support memory and a
range of educational programs relating to the Holocaust,
including the collection and usage of historical documentation,
such as survivor testimony.
Dwight D. Eisenhower Memorial Commission
SALARIES AND EXPENSES
The bill provides $1,800,000 for salaries and expenses of
the Dwight D. Eisenhower Memorial Commission.
Women's Suffrage Centennial Commission
SALARIES AND EXPENSES
The bill provides $1,000,000 for the Women's Suffrage
Centennial Commission to plan, execute, and coordinate programs
and activities in honor of the 100th anniversary of the passage
and ratification of the Nineteenth Amendment to the U.S.
Constitution, which guaranteed women the right to vote.
World War I Centennial Commission
SALARIES AND EXPENSES
The bill provides $7,000,000 for the Salaries and Expenses
account of the World War I Centennial Commission.
Alyce Spotted Bear and Walter Soboleff Commission on Native Children
(INCLUDING TRANSFER OF FUNDS)
The bill provides $500,000 for necessary expenses of the
Commission and makes technical and conforming changes in order
to execute the funds provided by removing the Office of Tribal
Justice as the administering agency; however, the agreement
expects the Commission to continue coordination with the Office
of Tribal Justice and Department of Interior.
TITLE IV--GENERAL PROVISIONS
(INCLUDING TRANSFERS OF FUNDS)
The bill includes various legislative provisions in Title
IV of the bill. The provisions are:
Section 401 continues a provision providing that
appropriations available in the bill shall not be used to
produce literature or otherwise promote public support of a
legislative proposal on which legislative action is not
complete.
Section 402 continues a provision providing for annual
appropriations unless expressly provided otherwise in this Act.
Section 403 continues a provision providing restrictions on
departmental assessments unless approved by the Committees on
Appropriations.
Section 404 continues a limitation on accepting and
processing applications for patents and on the patenting of
Federal lands.
Section 405 continues a provision regarding the payment of
contract support costs.
Section 406 addresses the payment of contract support costs
for fiscal year 2020.
Section 407 continues a provision providing that the
Secretary of Agriculture shall not be considered in violation
of certain provisions of the Forest and Rangeland Renewable
Resources Planning Act solely because more than 15 years have
passed without revision of a forest plan, provided that the
Secretary is working in good faith to complete the plan
revision.
Section 408 continues a provision limiting preleasing,
leasing, and related activities within the boundaries of
National Monuments.
Section 409 restricts funding appropriated for acquisition
of land or interests in land from being used for declarations
of taking or complaints in condemnation.
Section 410 continues a provision which prohibits no-bid
contracts.
Section 411 continues a provision which requires public
disclosure of certain reports.
Section 412 continues a provision which delineates the
grant guidelines for the National Endowment for the Arts.
Section 413 continues a provision which delineates the
program priorities for the programs managed by the National
Endowment for the Arts.
Section 414 requires the Department of the Interior,
Environmental Protection Agency, Forest Service and Indian
Health Service to provide the Committees on Appropriations
quarterly reports on the status of balances of appropriations.
Section 415 amends the Alyce Spotted Bear and Walter
Soboleff Commission on Native Children Act.
Section 416 addresses Forest Service fee collections.
Section 417 extends certain authorities through fiscal year
2020 allowing the Forest Service to renew grazing permits.
Section 418 prohibits the use of funds to maintain or
establish a computer network unless such network is designed to
block access to pornography websites.
Section 419 addresses the humane transfer and treatment of
excess wild horses and burros.
Section 420 extends the authority of the Forest Service
Facility Realignment and Enhancement Act.
Section 421 sets requirements for the use of American iron
and steel for certain loans and grants.
Section 422 provides for a rescission of funds.
Section 423 reauthorizes funding for one year for the John
F. Kennedy Center for the Performing Arts.
Section 424 provides authority for the Secretary of the
Interior to enter into training agreements and to transfer
excess equipment and supplies for wildfires.
Section 425 provides a one-year extension of the Federal
Lands Recreation Enhancement Act.
Section 426 incorporates Reprogramming Guidelines into the
Act.
Section 427 requires the submission of certain project
lists to the Committees by a date certain.
Section 428 continues a provision through fiscal year 2020
authorizing the Secretary of the Interior and the Secretary of
Agriculture to consider local contractors when awarding
contracts for certain activities on public lands.
Section 429 extends the authority for the Shasta-Trinity
Marina fee for one year.
Section 430 extends the authority for the Interpretive
Association for one year.
Section 431 extends the authority for Puerto Rico Schooling
for one year.
Section 432 extends the authority for Forest Botanical
Products fee collection for one year.
Section 433 extends the authority for Alaska Native
Regional Health entities for one year.
Section 434 extends the authority for the Chesapeake Bay
Initiative Act for one year.
Section 435 pertains to the Forest Service budget
restructure.
Section 436 addresses timber sales involving Alaska western
red and yellow cedar.
Section 437 continues a provision prohibiting the use of
funds to promulgate or implement any regulation requiring the
issuance of permits under Title V of the Clean Air Act for
carbon dioxide, nitrous oxide, water vapor, or methane
emissions.
Section 438 continues a provision prohibiting the use of
funds to implement any provision in a rule if that provision
requires mandatory reporting of greenhouse gas emissions from
manure management systems.
Section 439 continues a provision prohibiting the use of
funds to regulate the lead content of ammunition or fishing
tackle.
Section 440 addresses carbon emissions from forest biomass.
Section 441 addresses the use of small remote incinerators
in the State of Alaska.
Section 442 includes certain limitations on oil and gas
development near Chaco Culture National Historical Park.
Section 443 designates the David R. Obey Northern Great
Lakes Visitor Center.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
=======================================================================
[House Appropriations Committee Print]
Consolidated Appropriations Act, 2020
(H.R. 1865; P.L. 116-94)
DIVISION E--LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2020
=======================================================================
DIVISION E--LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2020
TITLE I
LEGISLATIVE BRANCH
SENATE
Expense Allowances
For expense allowances of the Vice President, $18,760; the
President Pro Tempore of the Senate, $37,520; Majority Leader
of the Senate, $39,920; Minority Leader of the Senate, $39,920;
Majority Whip of the Senate, $9,980; Minority Whip of the
Senate, $9,980; President Pro Tempore Emeritus, $15,000;
Chairmen of the Majority and Minority Conference Committees,
$4,690 for each Chairman; and Chairmen of the Majority and
Minority Policy Committees, $4,690 for each Chairman; in all,
$189,840.
For representation allowances of the Majority and Minority
Leaders of the Senate, $14,070 for each such Leader; in all,
$28,140.
Salaries, Officers and Employees
For compensation of officers, employees, and others as
authorized by law, including agency contributions,
$216,321,170, which shall be paid from this appropriation as
follows:
office of the vice president
For the Office of the Vice President, $2,533,000.
office of the president pro tempore
For the Office of the President Pro Tempore, $759,000.
office of the president pro tempore emeritus
For the Office of the President Pro Tempore Emeritus,
$326,000.
offices of the majority and minority leaders
For Offices of the Majority and Minority Leaders, $5,506,000.
offices of the majority and minority whips
For Offices of the Majority and Minority Whips, $3,525,000.
committee on appropriations
For salaries of the Committee on Appropriations, $15,793,000.
conference committees
For the Conference of the Majority and the Conference of the
Minority, at rates of compensation to be fixed by the Chairman
of each such committee, $1,738,000 for each such committee; in
all, $3,476,000.
offices of the secretaries of the conference of the majority and the
conference of the minority
For Offices of the Secretaries of the Conference of the
Majority and the Conference of the Minority, $862,000.
policy committees
For salaries of the Majority Policy Committee and the
Minority Policy Committee, $1,776,000 for each such committee;
in all, $3,552,000.
office of the chaplain
For Office of the Chaplain, $510,000.
office of the secretary
For Office of the Secretary, $26,818,000.
office of the sergeant at arms and doorkeeper
For Office of the Sergeant at Arms and Doorkeeper,
$85,867,000.
offices of the secretaries for the majority and minority
For Offices of the Secretary for the Majority and the
Secretary for the Minority, $1,940,000.
agency contributions and related expenses
For agency contributions for employee benefits, as authorized
by law, and related expenses, $64,854,170.
Office of the Legislative Counsel of the Senate
For salaries and expenses of the Office of the Legislative
Counsel of the Senate, $6,397,000.
Office of Senate Legal Counsel
For salaries and expenses of the Office of Senate Legal
Counsel, $1,197,000.
Expense Allowances of the Secretary of the Senate, Sergeant at Arms and
Doorkeeper of the Senate, and Secretaries for the Majority and Minority
of the Senate
For expense allowances of the Secretary of the Senate,
$7,110; Sergeant at Arms and Doorkeeper of the Senate, $7,110;
Secretary for the Majority of the Senate, $7,110; Secretary for
the Minority of the Senate, $7,110; in all, $28,440.
Contingent Expenses of the Senate
inquiries and investigations
For expenses of inquiries and investigations ordered by the
Senate, or conducted under paragraph 1 of rule XXVI of the
Standing Rules of the Senate, section 112 of the Supplemental
Appropriations and Rescission Act, 1980 (Public Law 96-304),
and Senate Resolution 281, 96th Congress, agreed to March 11,
1980, $133,265,000, of which $26,650,000 shall remain available
until September 30, 2022.
u.s. senate caucus on international narcotics control
For expenses of the United States Senate Caucus on
International Narcotics Control, $508,000.
secretary of the senate
For expenses of the Office of the Secretary of the Senate,
$14,536,000 of which $11,436,000 shall remain available until
September 30, 2024 and of which $3,100,000 shall remain
available until expended.
sergeant at arms and doorkeeper of the senate
For expenses of the Office of the Sergeant at Arms and
Doorkeeper of the Senate, $128,753,000, which shall remain
available until September 30, 2024.
miscellaneous items
For miscellaneous items, $18,871,410 which shall remain
available until September 30, 2022.
senators' official personnel and office expense account
For Senators' Official Personnel and Office Expense Account,
$449,000,000 of which $20,128,950 shall remain available until
September 30, 2022 and of which $6,000,000 shall be allocated
solely for the purpose of providing financial compensation to
Senate interns.
official mail costs
For expenses necessary for official mail costs of the Senate,
$300,000.
Administrative Provision
requiring amounts remaining in senators' official personnel and office
expense account to be used for deficit reduction or to reduce the
federal debt
Sec. 101. Notwithstanding any other provision of law, any
amounts appropriated under this Act under the heading
``SENATE'' under the heading ``Contingent Expenses of the
Senate'' under the heading ``senators' official personnel and
office expense account'' shall be available for obligation only
during the fiscal year or fiscal years for which such amounts
are made available. Any unexpended balances under such
allowances remaining after the end of the period of
availability shall be returned to the Treasury in accordance
with the undesignated paragraph under the center heading
``GENERAL PROVISION'' under chapter XI of the Third
Supplemental Appropriation Act, 1957 (2 U.S.C. 4107) and used
for deficit reduction (or, if there is no Federal budget
deficit after all such payments have been made, for reducing
the Federal debt, in such manner as the Secretary of the
Treasury considers appropriate).
HOUSE OF REPRESENTATIVES
Salaries and Expenses
For salaries and expenses of the House of Representatives,
$1,370,725,000, as follows:
House Leadership Offices
For salaries and expenses, as authorized by law, $28,884,000,
including: Office of the Speaker, $8,295,000, including $25,000
for official expenses of the Speaker; Office of the Majority
Floor Leader, $2,947,000, including $10,000 for official
expenses of the Majority Leader; Office of the Minority Floor
Leader, $8,295,000, including $10,000 for official expenses of
the Minority Leader; Office of the Majority Whip, including the
Chief Deputy Majority Whip, $2,448,000, including $5,000 for
official expenses of the Majority Whip; Office of the Minority
Whip, including the Chief Deputy Minority Whip, $2,219,000,
including $5,000 for official expenses of the Minority Whip;
Republican Conference, $2,340,000; Democratic Caucus,
$2,340,000: Provided, That such amount for salaries and
expenses shall remain available from January 3, 2020 until
January 2, 2021.
Members' Representational Allowances
Including Members' Clerk Hire, Official Expenses of Members, and
Official Mail
For Members' representational allowances, including Members'
clerk hire, official expenses, and official mail, $615,000,000.
Allowance for Compensation of Interns in Member Offices
For the allowance established under section 120 of the
Legislative Branch Appropriations Act, 2019 (2 U.S.C. 5322a)
for the compensation of interns who serve in the offices of
Members of the House of Representatives, $11,025,000, to remain
available through December 31, 2020: Provided, That
notwithstanding section 120(b) of such Act, an office of a
Member of the House of Representatives may use not more than
$25,000 of the allowance available under this heading during
calendar year 2020.
Allowance for Compensation of Interns in House Leadership Offices
For the allowance established under section 113 of this Act
for the compensation of interns who serve in House leadership
offices, $365,000, to remain available through December 31,
2020: Provided, That of the amount provided under this
heading, $200,000 shall be available for the compensation of
interns who serve in House leadership offices of the majority,
to be allocated among such offices by the Speaker of the House
of Representatives, and $165,000 shall be available for the
compensation of interns who serve in House leadership offices
of the minority, to be allocated among such offices by the
Minority Floor Leader.
Committee Employees
Standing Committees, Special and Select
For salaries and expenses of standing committees, special and
select, authorized by House resolutions, $135,359,000:
Provided, That such amount shall remain available for such
salaries and expenses until December 31, 2020, except that
$2,850,000 of such amount shall remain available until expended
for committee room upgrading.
Committee on Appropriations
For salaries and expenses of the Committee on Appropriations,
$24,269,000, including studies and examinations of executive
agencies and temporary personal services for such committee, to
be expended in accordance with section 202(b) of the
Legislative Reorganization Act of 1946 and to be available for
reimbursement to agencies for services performed: Provided,
That such amount shall remain available for such salaries and
expenses until December 31, 2020.
Salaries, Officers and Employees
For compensation and expenses of officers and employees, as
authorized by law, $231,903,000, including: for salaries and
expenses of the Office of the Clerk, including the positions of
the Chaplain and the Historian, and including not more than
$25,000 for official representation and reception expenses, of
which not more than $20,000 is for the Family Room and not more
than $2,000 is for the Office of the Chaplain, $30,766,000, of
which $1,500,000 shall remain available until expended; for
salaries and expenses of the Office of the Sergeant at Arms,
including the position of Superintendent of Garages and the
Office of Emergency Management, and including not more than
$3,000 for official representation and reception expenses,
$20,225,000, of which $10,267,000 shall remain available until
expended; for salaries and expenses of the Office of the Chief
Administrative Officer including not more than $3,000 for
official representation and reception expenses, $153,550,000,
of which $11,639,000 shall remain available until expended; for
salaries and expenses of the Office of Diversity and Inclusion,
$1,000,000; for salaries and expenses of the Office of the
Whistleblower Ombudsman, $750,000; for salaries and expenses of
the Office of the Inspector General, $5,019,000; for salaries
and expenses of the Office of General Counsel, $1,751,000; for
salaries and expenses of the Office of the Parliamentarian,
including the Parliamentarian, $2,000 for preparing the Digest
of Rules, and not more than $1,000 for official representation
and reception expenses, $2,088,000; for salaries and expenses
of the Office of the Law Revision Counsel of the House,
$3,419,000; for salaries and expenses of the Office of the
Legislative Counsel of the House, $11,937,000; for salaries and
expenses of the Office of Interparliamentary Affairs, $814,000;
for other authorized employees, $584,000.
Allowances and Expenses
For allowances and expenses as authorized by House resolution
or law, $323,920,000, including: supplies, materials,
administrative costs and Federal tort claims, $1,526,000;
official mail for committees, leadership offices, and
administrative offices of the House, $190,000; Government
contributions for health, retirement, Social Security, and
other applicable employee benefits, $294,377,000, to remain
available until March 31, 2021; salaries and expenses for
Business Continuity and Disaster Recovery, $17,668,000, of
which $5,000,000 shall remain available until expended;
transition activities for new members and staff, $4,489,000, to
remain available until expended; Wounded Warrior Program and
the Congressional Gold Star Family Fellowship Program,
$3,000,000, to remain available until expended; Office of
Congressional Ethics, $1,670,000; and miscellaneous items
including purchase, exchange, maintenance, repair and operation
of House motor vehicles, interparliamentary receptions, and
gratuities to heirs of deceased employees of the House,
$1,000,000.
Administrative Provisions
requiring amounts remaining in members' representational allowances to
be used for deficit reduction or to reduce the federal debt
Sec. 110. (a) Notwithstanding any other provision of law, any
amounts appropriated under this Act for ``HOUSE OF
REPRESENTATIVES--Salaries and Expenses--Members'
Representational Allowances'' shall be available only for
fiscal year 2020. Any amount remaining after all payments are
made under such allowances for fiscal year 2020 shall be
deposited in the Treasury and used for deficit reduction (or,
if there is no Federal budget deficit after all such payments
have been made, for reducing the Federal debt, in such manner
as the Secretary of the Treasury considers appropriate).
(b) The Committee on House Administration of the House of
Representatives shall have authority to prescribe regulations
to carry out this section.
(c) As used in this section, the term ``Member of the House
of Representatives'' means a Representative in, or a Delegate
or Resident Commissioner to, the Congress.
limitation on amount available to lease vehicles
Sec. 111. None of the funds made available in this Act may
be used by the Chief Administrative Officer of the House of
Representatives to make any payments from any Members'
Representational Allowance for the leasing of a vehicle,
excluding mobile district offices, in an aggregate amount that
exceeds $1,000 for the vehicle in any month.
allowance for compensation of interns in member offices
Sec. 112. (a) Section 120(f) of the Legislative Branch
Appropriations Act, 2019 (2 U.S.C. 5322a(f)) is amended by
striking the period at the end and inserting the following: ``,
and such sums as may be necessary for fiscal year 2020 and each
succeeding fiscal year.''.
(b) Section 101(c)(2) of the Legislative Branch
Appropriations Act, 1993 (2 U.S.C. 5507(c)(2)) is amended by
striking ``and `Office of the Attending Physician'.'' and
inserting `` `Office of the Attending Physician', and
`Allowance for Compensation of Interns in Member Offices'.''.
(c) The amendments made by this section shall take effect as
if included in the enactment of section 120 of the Legislative
Branch Appropriations Act, 2019 (2 U.S.C. 5322a).
allowance for compensation of interns in house leadership offices
Sec. 113. (a) There is established for the House of
Representatives an allowance which shall be available for the
compensation of interns who serve in House leadership offices.
(b) Section 104(b) of the House of Representatives
Administrative Reform Technical Corrections Act (2 U.S.C.
5321(b)) shall apply with respect to an intern who is
compensated under the allowance under this section in the same
manner as such section applies with respect to an intern who is
compensated under the Members' Representational Allowance.
(c) In this section--
(1) the term ``House leadership office'' means, with
respect to a fiscal year, any office for which the
appropriation for salaries and expenses of the office
for the fiscal year is provided under the heading
``House Leadership Offices'' in the Act making
appropriations for the Legislative Branch for the
fiscal year; and
(2) term ``intern'', with respect to a House
leadership office, has the meaning given such term with
respect to a Member of the House of Representatives in
section 104(c)(2) of the House of Representatives
Administrative Reform Technical Corrections Act (2
U.S.C. 5321(c)(2)).
(d) There are authorized to be appropriated to carry out this
section such sums as may be necessary for fiscal year 2020 and
each succeeding fiscal year.
(e) Section 101(c)(2) of the Legislative Branch
Appropriations Act, 1993 (2 U.S.C. 5507(c)(2)), as amended by
section 112(b), is further amended by striking ``, and
`Allowance for Compensation of Interns in Member Offices'.''
and inserting ``, `Allowance for Compensation of Interns in
Member Offices', and `Allowance for Compensation of Interns in
House Leadership Offices'.''.
(f) This section and the amendments made by this section
shall apply with respect to fiscal year 2020 and each
succeeding fiscal year.
cybersecurity assistance for house of representatives
Sec. 114. The head of any Federal entity that provides
assistance to the House of Representatives in the House's
efforts to deter, prevent, mitigate, or remediate cybersecurity
risks to, and incidents involving, the information systems of
the House shall take all necessary steps to ensure the
constitutional integrity of the separate branches of the
government at all stages of providing the assistance, including
applying minimization procedures to limit the spread or sharing
of privileged House and Member information.
rescissions of funds
Sec. 115. (a) Of the unobligated balances available from
prior appropriations Acts from the revolving fund established
under House Resolution 94, Ninety-Eighth Congress, agreed to
February 8, 1983, as enacted into permanent law by section 110
of the Congressional Operations Appropriations Act, 1984 (2
U.S.C. 4917), $1,000,000 is hereby rescinded.
(b) Of the unobligated balances available from prior
appropriations Acts from the revolving fund established in the
item relating to ``Stationery'' under the heading ``House of
Representatives, Contingent Expenses of the House'' in the
first section of the Legislative Branch Appropriation Act, 1948
(2 U.S.C. 5534), $4,000,000 is hereby rescinded.
use of available balances of expired appropriations
(including transfer of funds)
Sec. 116. (a) Subject to section 119 of the Legislative
Branch Appropriations Act, 2018 (2 U.S.C. 5511), available
balances of expired appropriations for the House of
Representatives shall be available to the House of
Representatives--
(1) for the payment of a death gratuity which is
specifically appropriated by law and which is made in
connection with the death of an employee of the House
of Representatives, without regard to the fiscal year
in which the payment is made; and
(2) for deposit into the account established under
section 109 of the Legislative Branch Appropriations
Act, 1998 (2 U.S.C. 5508) for making payments of the
House of Representatives to the Employees' Compensation
Fund under section 8147 of title 5, United States Code,
and for reimbursing the Secretary of Labor for any
amounts paid with respect to unemployment compensation
payments for former employees of the House.
(b) This section shall apply with respect to funds
appropriated or otherwise made available in fiscal year 2020
and each succeeding fiscal year.
reduction in amount of tuition charged for children of employees of
house child care center
Sec. 117. (a) Section 312(d) of the Legislative Branch
Appropriations Act, 1992 (2 U.S.C. 2062(d)) is amended by
adding at the end the following new paragraph:
``(4) In the case of a child of an employee of the
center who is furnished care at the center, the Chief
Administrative Officer shall reduce the amount of
tuition otherwise charged with respect to such child
during a month by the greater of--
``(A) 50 percent; or
``(B) such percentage as may be necessary to
ensure that the total amount of tuition paid by
the employee with respect to all children of
the employee who are furnished care at the
center during the month does not exceed
$1,000.''.
(b) Section 312(d)(2) of such Act (2 U.S.C. 2062(d)(2)) is
amended by inserting after ``similar benefits and programs''
the following: ``(including the subsidies provided on behalf of
employees of the center as a result of reductions in the amount
of tuition otherwise charged with respect to children of such
employees under paragraph (4))''.
(c) The amendments made by this section shall apply with
respect to fiscal year 2020 and each succeeding fiscal year.
JOINT ITEMS
For Joint Committees, as follows:
Joint Economic Committee
For salaries and expenses of the Joint Economic Committee,
$4,203,000, to be disbursed by the Secretary of the Senate.
Joint Congressional Committee on Inaugural Ceremonies of 2021
For salaries and expenses associated with conducting the
inaugural ceremonies of the President and Vice President of the
United States, January 20, 2021, in accordance with such
program as may be adopted by the joint congressional committee
authorized to conduct the inaugural ceremonies of 2021,
$1,500,000 to be disbursed by the Secretary of the Senate and
to remain available until September 30, 2021: Provided, That
funds made available under this heading shall be available for
payment, on a direct or reimbursable basis, whether incurred
on, before, or after, October 1, 2020: Provided further, That
the compensation of any employee of the Committee on Rules and
Administration of the Senate who has been designated to perform
service with respect to the inaugural ceremonies of 2021 shall
continue to be paid by the Committee on Rules and
Administration, but the account from which such staff member is
paid may be reimbursed for the services of the staff member out
of funds made available under this heading: Provided further,
That there are authorized to be paid from the appropriations
account for ``Expenses of Inquiries and Investigations'' of the
Senate such sums as may be necessary, without fiscal year
limitation, for agency contributions related to the
compensation of employees of the joint congressional committee.
Joint Committee on Taxation
For salaries and expenses of the Joint Committee on Taxation,
$11,563,000, to be disbursed by the Chief Administrative
Officer of the House of Representatives.
For other joint items, as follows:
Office of the Attending Physician
For medical supplies, equipment, and contingent expenses of
the emergency rooms, and for the Attending Physician and his
assistants, including:
(1) an allowance of $2,175 per month to the Attending
Physician;
(2) an allowance of $1,300 per month to the Senior
Medical Officer;
(3) an allowance of $725 per month each to three
medical officers while on duty in the Office of the
Attending Physician;
(4) an allowance of $725 per month to 2 assistants
and $580 per month each not to exceed 11 assistants on
the basis heretofore provided for such assistants; and
(5) $2,800,000 for reimbursement to the Department of
the Navy for expenses incurred for staff and equipment
assigned to the Office of the Attending Physician,
which shall be advanced and credited to the applicable
appropriation or appropriations from which such
salaries, allowances, and other expenses are payable
and shall be available for all the purposes thereof,
$3,868,000, to be disbursed by the Chief Administrative
Officer of the House of Representatives.
Office of Congressional Accessibility Services
Salaries and Expenses
For salaries and expenses of the Office of Congressional
Accessibility Services, $1,509,000, to be disbursed by the
Secretary of the Senate.
CAPITOL POLICE
Salaries
For salaries of employees of the Capitol Police, including
overtime, hazardous duty pay, and Government contributions for
health, retirement, social security, professional liability
insurance, and other applicable employee benefits, $379,062,000
of which overtime shall not exceed $47,048,000 unless the
Committee on Appropriations of the House and Senate are
notified, to be disbursed by the Chief of the Capitol Police or
his designee.
General Expenses
For necessary expenses of the Capitol Police, including motor
vehicles, communications and other equipment, security
equipment and installation, uniforms, weapons, supplies,
materials, training, medical services, forensic services,
stenographic services, personal and professional services, the
employee assistance program, the awards program, postage,
communication services, travel advances, relocation of
instructor and liaison personnel for the Federal Law
Enforcement Training Center, and not more than $5,000 to be
expended on the certification of the Chief of the Capitol
Police in connection with official representation and reception
expenses, $85,279,000, to be disbursed by the Chief of the
Capitol Police or his designee: Provided, That,
notwithstanding any other provision of law, the cost of basic
training for the Capitol Police at the Federal Law Enforcement
Training Center for fiscal year 2020 shall be paid by the
Secretary of Homeland Security from funds available to the
Department of Homeland Security.
Administrative Provision
Sec. 120. Section 908(c) of the Emergency Supplemental Act,
2002 (2 U.S.C. 1926(c)), is amended by striking ``$40,000'' and
inserting ``$60,000''.
OFFICE OF CONGRESSIONAL WORKPLACE RIGHTS
Salaries and Expenses
For salaries and expenses necessary for the operation of the
Office of Congressional Workplace Rights, $6,333,000, of which
$1,000,000 shall remain available until September 30, 2021, and
of which not more than $1,000 may be expended on the
certification of the Executive Director in connection with
official representation and reception expenses.
CONGRESSIONAL BUDGET OFFICE
Salaries and Expenses
For salaries and expenses necessary for operation of the
Congressional Budget Office, including not more than $6,000 to
be expended on the certification of the Director of the
Congressional Budget Office in connection with official
representation and reception expenses, $54,941,000: Provided,
That the Director shall use not less than $500,000 of the
amount made available under this heading for (1) improving
technical systems, processes, and models for the purpose of
improving the transparency of estimates of budgetary effects to
Members of Congress, employees of Members of Congress, and the
public, and (2) to increase the availability of models,
economic assumptions, and data for Members of Congress,
employees of Members of Congress, and the public.
ARCHITECT OF THE CAPITOL
Capital Construction and Operations
For salaries for the Architect of the Capitol, and other
personal services, at rates of pay provided by law; for all
necessary expenses for surveys and studies, construction,
operation, and general and administrative support in connection
with facilities and activities under the care of the Architect
of the Capitol including the Botanic Garden; electrical
substations of the Capitol, Senate and House office buildings,
and other facilities under the jurisdiction of the Architect of
the Capitol; including furnishings and office equipment;
including not more than $5,000 for official reception and
representation expenses, to be expended as the Architect of the
Capitol may approve; for purchase or exchange, maintenance, and
operation of a passenger motor vehicle, $120,000,000.
Capitol Building
For all necessary expenses for the maintenance, care and
operation of the Capitol, $68,878,000, of which $40,899,000
shall remain available until September 30, 2024.
Capitol Grounds
For all necessary expenses for care and improvement of
grounds surrounding the Capitol, the Senate and House office
buildings, and the Capitol Power Plant, $15,024,000, of which
$3,000,000 shall remain available until September 30, 2024.
Senate Office Buildings
For all necessary expenses for the maintenance, care and
operation of Senate office buildings; and furniture and
furnishings to be expended under the control and supervision of
the Architect of the Capitol, $88,424,000, of which $23,100,000
shall remain available until September 30, 2024.
House Office Buildings
(including transfer of funds)
For all necessary expenses for the maintenance, care and
operation of the House office buildings, $153,273,000, of which
$30,300,000 shall remain available until September 30, 2024,
and of which $62,000,000 shall remain available until expended
for the restoration and renovation of the Cannon House Office
Building: Provided, That of the amount made available under
this heading, $8,000,000 shall be derived by transfer from the
House Office Building Fund established under section 176(d) of
the Continuing Appropriations Act, 2017, as added by section
101(3) of the Further Continuing Appropriation Act, 2017
(Public Law 114-254; 2 U.S.C. 2001 note).
Capitol Power Plant
For all necessary expenses for the maintenance, care and
operation of the Capitol Power Plant; lighting, heating, power
(including the purchase of electrical energy) and water and
sewer services for the Capitol, Senate and House office
buildings, Library of Congress buildings, and the grounds about
the same, Botanic Garden, Senate garage, and air conditioning
refrigeration not supplied from plants in any of such
buildings; heating the Government Publishing Office and
Washington City Post Office, and heating and chilled water for
air conditioning for the Supreme Court Building, the Union
Station complex, the Thurgood Marshall Federal Judiciary
Building and the Folger Shakespeare Library, expenses for which
shall be advanced or reimbursed upon request of the Architect
of the Capitol and amounts so received shall be deposited into
the Treasury to the credit of this appropriation, $98,957,000,
of which $15,300,000 shall remain available until September 30,
2024: Provided, That not more than $10,000,000 of the funds
credited or to be reimbursed to this appropriation as herein
provided shall be available for obligation during fiscal year
2020.
Library Buildings and Grounds
For all necessary expenses for the mechanical and structural
maintenance, care and operation of the Library buildings and
grounds, $55,746,000, of which $25,200,000 shall remain
available until September 30, 2024.
Capitol Police Buildings, Grounds and Security
For all necessary expenses for the maintenance, care and
operation of buildings, grounds and security enhancements of
the United States Capitol Police, wherever located, the
Alternate Computing Facility, and Architect of the Capitol
security operations, $55,216,000, of which $28,000,000 shall
remain available until September 30, 2024.
Botanic Garden
For all necessary expenses for the maintenance, care and
operation of the Botanic Garden and the nurseries, buildings,
grounds, and collections; and purchase and exchange,
maintenance, repair, and operation of a passenger motor
vehicle; all under the direction of the Joint Committee on the
Library, $16,094,000, of which $4,000,000 shall remain
available until September 30, 2024: Provided, That, of the
amount made available under this heading, the Architect of the
Capitol may obligate and expend such sums as may be necessary
for the maintenance, care and operation of the National Garden
established under section 307E of the Legislative Branch
Appropriations Act, 1989 (2 U.S.C. 2146), upon vouchers
approved by the Architect of the Capitol or a duly authorized
designee.
Capitol Visitor Center
For all necessary expenses for the operation of the Capitol
Visitor Center, $24,321,000.
Administrative Provision
no bonuses for contractors behind schedule or over budget
Sec. 130. None of the funds made available in this Act for
the Architect of the Capitol may be used to make incentive or
award payments to contractors for work on contracts or programs
for which the contractor is behind schedule or over budget,
unless the Architect of the Capitol, or agency-employed
designee, determines that any such deviations are due to
unforeseeable events, government-driven scope changes, or are
not significant within the overall scope of the project and/or
program.
LIBRARY OF CONGRESS
Salaries and Expenses
For all necessary expenses of the Library of Congress not
otherwise provided for, including development and maintenance
of the Library's catalogs; custody and custodial care of the
Library buildings; information technology services provided
centrally; special clothing; cleaning, laundering and repair of
uniforms; preservation of motion pictures in the custody of the
Library; operation and maintenance of the American Folklife
Center in the Library; preparation and distribution of catalog
records and other publications of the Library; hire or purchase
of one passenger motor vehicle; and expenses of the Library of
Congress Trust Fund Board not properly chargeable to the income
of any trust fund held by the Board, $504,164,000, of which not
more than $6,000,000 shall be derived from collections credited
to this appropriation during fiscal year 2020, and shall remain
available until expended, under the Act of June 28, 1902
(chapter 1301; 32 Stat. 480; 2 U.S.C. 150): Provided, That the
Library of Congress may not obligate or expend any funds
derived from collections under the Act of June 28, 1902, in
excess of the amount authorized for obligation or expenditure
in appropriations Acts: Provided further, That the total
amount available for obligation shall be reduced by the amount
by which collections are less than $6,000,000: Provided
further, That of the total amount appropriated, not more than
$18,000 may be expended, on the certification of the Librarian
of Congress, in connection with official representation and
reception expenses, including for the Overseas Field Offices:
Provided further, That of the total amount appropriated,
$9,110,000 shall remain available until expended for the
digital collections and educational curricula program:
Provided further, That of the total amount appropriated,
$1,350,000 shall remain available until expended for upgrade of
the Legislative Branch Financial Management System: Provided
further, That of the total amount appropriated, $250,000 shall
remain available until expended for the Surplus Books Program
to promote the program and facilitate a greater number of
donations to eligible entities across the United States:
Provided further, That of the total amount appropriated,
$3,587,000 shall remain available until expended for the
Veterans History Project to continue digitization efforts of
already collected materials, reach a greater number of veterans
to record their stories, and promote public access to the
Project: Provided further, That of the total amount
appropriated, $10,000,000 shall remain available until expended
for the development of the Library's Visitor Experience
project, and may be obligated and expended only upon approval
by the Subcommittee on the Legislative Branch of the Committee
on Appropriations of the House of Representatives and by the
Subcommittee on the Legislative Branch of the Committee on
Appropriations of the Senate.
Copyright Office
salaries and expenses
For all necessary expenses of the Copyright Office,
$91,840,000, of which not more than $43,221,000, to remain
available until expended, shall be derived from collections
credited to this appropriation during fiscal year 2020 under
sections 708(d) and 1316 of title 17, United States Code:
Provided, That the Copyright Office may not obligate or expend
any funds derived from collections under such section in excess
of the amount authorized for obligation or expenditure in
appropriations Acts: Provided further, That not more than
$6,482,000 shall be derived from collections during fiscal year
2020 under sections 111(d)(2), 119(b)(3), 803(e), and 1005 of
such title: Provided further, That the total amount available
for obligation shall be reduced by the amount by which
collections are less than $49,703,000: Provided further, That
of the funds provided under this heading, not less than
$17,100,000 is for modernization initiatives, of which
$10,000,000 shall remain available until September 30, 2021:
Provided further, That not more than $100,000 of the amount
appropriated is available for the maintenance of an
``International Copyright Institute'' in the Copyright Office
of the Library of Congress for the purpose of training
nationals of developing countries in intellectual property laws
and policies: Provided further, That not more than $6,500 may
be expended, on the certification of the Librarian of Congress,
in connection with official representation and reception
expenses for activities of the International Copyright
Institute and for copyright delegations, visitors, and
seminars: Provided further, That, notwithstanding any
provision of chapter 8 of title 17, United States Code, any
amounts made available under this heading which are
attributable to royalty fees and payments received by the
Copyright Office pursuant to sections 111, 119, and chapter 10
of such title may be used for the costs incurred in the
administration of the Copyright Royalty Judges program, with
the exception of the costs of salaries and benefits for the
Copyright Royalty Judges and staff under section 802(e).
Congressional Research Service
salaries and expenses
For all necessary expenses to carry out the provisions of
section 203 of the Legislative Reorganization Act of 1946 (2
U.S.C. 166) and to revise and extend the Annotated Constitution
of the United States of America, $120,495,000: Provided, That
no part of such amount may be used to pay any salary or expense
in connection with any publication, or preparation of material
therefor (except the Digest of Public General Bills), to be
issued by the Library of Congress unless such publication has
obtained prior approval of either the Committee on House
Administration of the House of Representatives or the Committee
on Rules and Administration of the Senate: Provided further,
That this prohibition does not apply to publication of non-
confidential Congressional Research Service (CRS) products:
Provided further, That a non-confidential CRS product includes
any written product containing research or analysis that is
currently available for general congressional access on the CRS
Congressional Intranet, or that would be made available on the
CRS Congressional Intranet in the normal course of business and
does not include material prepared in response to Congressional
requests for confidential analysis or research.
National Library Service for the Blind and Print Disabled
salaries and expenses
For all necessary expenses to carry out the Act of March 3,
1931 (chapter 400; 46 Stat. 1487; 2 U.S.C. 135a), $58,563,000:
Provided, That of the total amount appropriated, $650,000 shall
be available to contract to provide newspapers to blind and
physically handicapped residents at no cost to the individual.
Administrative Provision
reimbursable and revolving fund activities
Sec. 140. (a) In General.--For fiscal year 2020, the
obligational authority of the Library of Congress for the
activities described in subsection (b) may not exceed
$231,975,000.
(b) Activities.--The activities referred to in subsection (a)
are reimbursable and revolving fund activities that are funded
from sources other than appropriations to the Library in
appropriations Acts for the legislative branch.
GOVERNMENT PUBLISHING OFFICE
Congressional Publishing
(including transfer of funds)
For authorized publishing of congressional information and
the distribution of congressional information in any format;
publishing of Government publications authorized by law to be
distributed to Members of Congress; and publishing, and
distribution of Government publications authorized by law to be
distributed without charge to the recipient, $79,000,000:
Provided, That this appropriation shall not be available for
paper copies of the permanent edition of the Congressional
Record for individual Representatives, Resident Commissioners
or Delegates authorized under section 906 of title 44, United
States Code: Provided further, That this appropriation shall
be available for the payment of obligations incurred under the
appropriations for similar purposes for preceding fiscal years:
Provided further, That notwithstanding the 2-year limitation
under section 718 of title 44, United States Code, none of the
funds appropriated or made available under this Act or any
other Act for printing and binding and related services
provided to Congress under chapter 7 of title 44, United States
Code, may be expended to print a document, report, or
publication after the 27-month period beginning on the date
that such document, report, or publication is authorized by
Congress to be printed, unless Congress reauthorizes such
printing in accordance with section 718 of title 44, United
States Code: Provided further, That unobligated or unexpended
balances of expired discretionary funds made available under
this heading in this Act for this fiscal year may be
transferred to, and merged with, funds under the heading
``Government Publishing Office Business Operations Revolving
Fund'' no later than the end of the fifth fiscal year after the
last fiscal year for which such funds are available for the
purposes for which appropriated, to be available for carrying
out the purposes of this heading, subject to the approval of
the Committee on Appropriations of the House of Representatives
and the Senate: Provided further, That notwithstanding
sections 901, 902, and 906 of title 44, United States Code,
this appropriation may be used to prepare indexes to the
Congressional Record on only a monthly and session basis.
Public Information Programs of the Superintendent of Documents
salaries and expenses
(including transfer of funds)
For expenses of the public information programs of the Office
of Superintendent of Documents necessary to provide for the
cataloging and indexing of Government publications in any
format, and their distribution to the public, Members of
Congress, other Government agencies, and designated depository
and international exchange libraries as authorized by law,
$31,296,000: Provided, That amounts of not more than
$2,000,000 from current year appropriations are authorized for
producing and disseminating Congressional serial sets and other
related publications for fiscal years 2018 and 2019 to
depository and other designated libraries: Provided further,
That unobligated or unexpended balances of expired
discretionary funds made available under this heading in this
Act for this fiscal year may be transferred to, and merged
with, funds under the heading ``Government Publishing Office
Business Operations Revolving Fund'' no later than the end of
the fifth fiscal year after the last fiscal year for which such
funds are available for the purposes for which appropriated, to
be available for carrying out the purposes of this heading,
subject to the approval of the Committees on Appropriations of
the House of Representatives and the Senate.
Government Publishing Office Business Operations Revolving Fund
For payment to the Government Publishing Office Business
Operations Revolving Fund, $6,704,000, to remain available
until expended, for information technology development and
facilities repair: Provided, That the Government Publishing
Office is hereby authorized to make such expenditures, within
the limits of funds available and in accordance with law, and
to make such contracts and commitments without regard to fiscal
year limitations as provided by section 9104 of title 31,
United States Code, as may be necessary in carrying out the
programs and purposes set forth in the budget for the current
fiscal year for the Government Publishing Office Business
Operations Revolving Fund: Provided further, That not more
than $7,500 may be expended on the certification of the
Director of the Government Publishing Office in connection with
official representation and reception expenses: Provided
further, That the Business Operations Revolving Fund shall be
available for the hire or purchase of not more than 12
passenger motor vehicles: Provided further, That expenditures
in connection with travel expenses of the advisory councils to
the Director of the Government Publishing Office shall be
deemed necessary to carry out the provisions of title 44,
United States Code: Provided further, That the Business
Operations Revolving Fund shall be available for temporary or
intermittent services under section 3109(b) of title 5, United
States Code, but at rates for individuals not more than the
daily equivalent of the annual rate of basic pay for level V of
the Executive Schedule under section 5316 of such title:
Provided further, That activities financed through the Business
Operations Revolving Fund may provide information in any
format: Provided further, That the Business Operations
Revolving Fund and the funds provided under the heading
``Public Information Programs of the Superintendent of
Documents'' may not be used for contracted security services at
Government Publishing Office's passport facility in the
District of Columbia.
GOVERNMENT ACCOUNTABILITY OFFICE
Salaries and Expenses
For necessary expenses of the Government Accountability
Office, including not more than $12,500 to be expended on the
certification of the Comptroller General of the United States
in connection with official representation and reception
expenses; temporary or intermittent services under section
3109(b) of title 5, United States Code, but at rates for
individuals not more than the daily equivalent of the annual
rate of basic pay for level IV of the Executive Schedule under
section 5315 of such title; hire of one passenger motor
vehicle; advance payments in foreign countries in accordance
with section 3324 of title 31, United States Code; benefits
comparable to those payable under sections 901(5), (6), and (8)
of the Foreign Service Act of 1980 (22 U.S.C. 4081(5), (6), and
(8)); and under regulations prescribed by the Comptroller
General of the United States, rental of living quarters in
foreign countries, $630,000,000: Provided, That, in addition,
$24,800,000 of payments received under sections 782, 791, 3521,
and 9105 of title 31, United States Code, shall be available
without fiscal year limitation: Provided further, That this
appropriation and appropriations for administrative expenses of
any other department or agency which is a member of the
National Intergovernmental Audit Forum or a Regional
Intergovernmental Audit Forum shall be available to finance an
appropriate share of either Forum's costs as determined by the
respective Forum, including necessary travel expenses of non-
Federal participants: Provided further, That payments
hereunder to the Forum may be credited as reimbursements to any
appropriation from which costs involved are initially financed.
OPEN WORLD LEADERSHIP CENTER TRUST FUND
For a payment to the Open World Leadership Center Trust Fund
for financing activities of the Open World Leadership Center
under section 313 of the Legislative Branch Appropriations Act,
2001 (2 U.S.C. 1151), $5,900,000: Provided, That funds made
available to support Russian participants shall only be used
for those engaging in free market development, humanitarian
activities, and civic engagement, and shall not be used for
officials of the central government of Russia.
JOHN C. STENNIS CENTER FOR PUBLIC SERVICE TRAINING AND DEVELOPMENT
For payment to the John C. Stennis Center for Public Service
Development Trust Fund established under section 116 of the
John C. Stennis Center for Public Service Training and
Development Act (2 U.S.C. 1105), $430,000.
TITLE II
GENERAL PROVISIONS
maintenance and care of private vehicles
Sec. 201. No part of the funds appropriated in this Act
shall be used for the maintenance or care of private vehicles,
except for emergency assistance and cleaning as may be provided
under regulations relating to parking facilities for the House
of Representatives issued by the Committee on House
Administration and for the Senate issued by the Committee on
Rules and Administration.
fiscal year limitation
Sec. 202. No part of the funds appropriated in this Act
shall remain available for obligation beyond fiscal year 2020
unless expressly so provided in this Act.
rates of compensation and designation
Sec. 203. Whenever in this Act any office or position not
specifically established by the Legislative Pay Act of 1929 (46
Stat. 32 et seq.) is appropriated for or the rate of
compensation or designation of any office or position
appropriated for is different from that specifically
established by such Act, the rate of compensation and the
designation in this Act shall be the permanent law with respect
thereto: Provided, That the provisions in this Act for the
various items of official expenses of Members, officers, and
committees of the Senate and House of Representatives, and
clerk hire for Senators and Members of the House of
Representatives shall be the permanent law with respect
thereto.
consulting services
Sec. 204. The expenditure of any appropriation under this
Act for any consulting service through procurement contract,
under section 3109 of title 5, United States Code, shall be
limited to those contracts where such expenditures are a matter
of public record and available for public inspection, except
where otherwise provided under existing law, or under existing
Executive order issued under existing law.
costs of lbfmc
Sec. 205. Amounts available for administrative expenses of
any legislative branch entity which participates in the
Legislative Branch Financial Managers Council (LBFMC)
established by charter on March 26, 1996, shall be available to
finance an appropriate share of LBFMC costs as determined by
the LBFMC, except that the total LBFMC costs to be shared among
all participating legislative branch entities (in such
allocations among the entities as the entities may determine)
may not exceed $2,000.
limitation on transfers
Sec. 206. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality of
the United States Government, except pursuant to a transfer
made by, or transfer authority provided in, this Act or any
other appropriation Act.
guided tours of the capitol
Sec. 207. (a) Except as provided in subsection (b), none of
the funds made available to the Architect of the Capitol in
this Act may be used to eliminate or restrict guided tours of
the United States Capitol which are led by employees and
interns of offices of Members of Congress and other offices of
the House of Representatives and Senate, unless through
regulations as authorized by section 402(b)(8) of the Capitol
Visitor Center Act of 2008 (2 U.S.C. 2242(b)(8)).
(b) At the direction of the Capitol Police Board, or at the
direction of the Architect of the Capitol with the approval of
the Capitol Police Board, guided tours of the United States
Capitol which are led by employees and interns described in
subsection (a) may be suspended temporarily or otherwise
subject to restriction for security or related reasons to the
same extent as guided tours of the United States Capitol which
are led by the Architect of the Capitol.
limitation on telecommunications equipment procurement
Sec. 208. (a) None of the funds appropriated or otherwise
made available under this Act may be used to acquire
telecommunications equipment produced by Huawei Technologies
Company, ZTE Corporation or a high-impact or moderate-impact
information system, as defined for security categorization in
the National Institute of Standards and Technology's (NIST)
Federal Information Processing Standard Publication 199,
``Standards for Security Categorization of Federal Information
and Information Systems'' unless the agency, office, or other
entity acquiring the equipment or system has--
(1) reviewed the supply chain risk for the
information systems against criteria developed by NIST
to inform acquisition decisions for high-impact and
moderate-impact information systems within the Federal
Government;
(2) reviewed the supply chain risk from the
presumptive awardee against available and relevant
threat information provided by the Federal Bureau of
Investigation and other appropriate agencies; and
(3) in consultation with the Federal Bureau of
Investigation or other appropriate Federal entity,
conducted an assessment of any risk of cyber-espionage
or sabotage associated with the acquisition of such
system, including any risk associated with such system
being produced, manufactured, or assembled by one or
more entities identified by the United States
Government as posing a cyber threat, including but not
limited to, those that may be owned, directed, or
subsidized by the People's Republic of China, the
Islamic Republic of Iran, the Democratic People's
Republic of Korea, or the Russian Federation.
(b) None of the funds appropriated or otherwise made
available under this Act may be used to acquire a high-impact
or moderate impact information system reviewed and assessed
under subsection (a) unless the head of the assessing entity
described in subsection (a) has--
(1) developed, in consultation with NIST and supply
chain risk management experts, a mitigation strategy
for any identified risks;
(2) determined, in consultation with NIST and the
Federal Bureau of Investigation, that the acquisition
of such system is in the vital national security
interest of the United States; and
(3) reported that determination to the Committees on
Appropriations of the House of Representatives and the
Senate in a manner that identifies the system intended
for acquisition and a detailed description of the
mitigation strategies identified in paragraph (1),
provided that such report may include a classified
annex as necessary.
prohibition on certain operational expenses
Sec. 209. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network unless
such network blocks the viewing, downloading, and exchanging of
pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law
enforcement agency or any other entity carrying out criminal
investigations, prosecution, or adjudication activities or
other official government activities.
plastic waste reduction
Sec. 210. All agencies and offices funded by this division
that contract with a food service provider or providers shall
confer and coordinate with such food service provider or
providers, in consultation with disability advocacy groups, to
eliminate or reduce plastic waste, including waste from plastic
straws, explore the use of biodegradable items, and increase
recycling and composting opportunities.
adjustment to normal cost percentage rates
Sec. 211. Section 8423(a)(1)(B)(i) of title 5, United States
Code, is amended by inserting ``(including a separate normal-
cost percentage for Congressional employees that are members of
the Capitol Police covered under subsection (d) of section 8412
and subsection (c) of section 8425)'' after ``Congressional
employees''.
congressional staff compensation
Sec. 212. (a) Senate.--
(1) Change in maximum rates.--
(A) In general.--Section 105 of the
Legislative Branch Appropriation Act, 1968 (2
U.S.C. 4575) is amended--
(i) in subsection (d)(2), in the
second sentence, by striking ``or in
excess'' and all that follows through
``per annum.'' and inserting ``or in
excess of $173,900.'';
(ii) in subsection (e)(3)(B), by
striking ``in excess of'' and all that
follows and inserting ``in excess of
$173,900.''; and
(iii) in subsection (f), in the first
sentence, by striking ``or in excess''
and all that follows through ``unless
expressly'' and inserting ``or in
excess of $173,900, unless expressly''.
(B) Authority for statutory employees.--
(i) Fixed salary positions.--For any
position for which the Secretary of the
Senate disburses the pay for the
position and for which the specific
amount of the rate of pay for the
particular position is fixed by statute
on the day before the effective date of
the amendments made by this section, on
and after such effective date the
amount of the rate of pay for such
position shall be fixed by the
President pro tempore in an amount not
to exceed the maximum rate of pay in
effect under section 105(f) of the
Legislative Branch Appropriation Act,
1968 (2 U.S.C. 4575(f)).
(ii) Positions with maximums.--For
any position for which the Secretary of
the Senate disburses the pay for the
position and for which the maximum rate
of pay for the particular position is
fixed by statute on the day before the
effective date of the amendments made
by this section, on and after such
effective date the maximum rate of pay
for such position shall be fixed by the
President pro tempore, which shall not
exceed the maximum rate of pay in
effect under section 105(f) of the
Legislative Branch Appropriation Act,
1968 (2 U.S.C. 4575(f)).
(2) Adjustments.--
(A) In general.--Section 4 of the Federal Pay
Comparability Act of 1970 (2 U.S.C. 4571) is
amended--
(i) in subsection (a)--
(I) in paragraph (1)--
(aa) in subparagraph
(A), by striking ``or''
at the end; and
(bb) by striking
subparagraph (B) and
inserting the
following:
``(B) in the case of such personnel appointed to
positions for which the rates of pay for the particular
positions were fixed by or pursuant to law at specific
rates on the day before the effective date of the
amendments made by section 212 of the Legislative
Branch Appropriations Act, 2020, adjust such rates; and
``(C) in the case of such personnel appointed to
positions for which the maximum rates of pay for the
particular positions were fixed by or pursuant to law
on the day before such effective date, adjust such
maximum rates; and''; and
(II) in the matter following
paragraph (2)--
(aa) by striking
``and with such
exceptions as may be
necessary to provide
for appropriate pay
relationships between
positions''; and
(bb) by striking ``to
restore'' and all that
follows through
``between positions.''
and inserting ``to
maintain the pay
relationships that
existed on the
effective date of the
amendments made by
section 212 of the
Legislative Branch
Appropriations Act,
2020 between the
maximum rate of pay for
Senate personnel and
Senators.''; and
(ii) in subsection (d), by striking
``to restore'' and all that follows and
inserting ``to maintain the pay
relationships that existed on the
effective date of the amendments made
by section 212 of the Legislative
Branch Appropriations Act, 2020 between
the maximum rate of pay for Senate
personnel and Senators.''.
(B) Other adjustments.--Section 315(a) of the
Legislative Branch Appropriations Act, 1991 (2
U.S.C. 4573(a)) is amended by striking ``to the
extent necessary to maintain'' and all that
follows and inserting ``(including such
personnel appointed to positions for which the
specific amount of the rate of pay for the
particular position is fixed by statute on the
day before the effective date of the amendments
made by section 212 of the Legislative Branch
Appropriations Act, 2020 and such personnel
appointed to positions for which the maximum
rates of pay for the particular positions were
fixed by or pursuant to law on the day before
such effective date) to the extent necessary to
maintain the pay relationships that existed on
such effective date between the maximum rate of
pay for Senate personnel and Senators.''.
(3) Conforming amendments.--
(A) Section 105 of the Legislative Branch
Appropriation Act, 1976 (Public Law 94-59; 89
Stat. 275) is repealed.
(B) Section 201(a)(5)(A) of the Congressional
Budget Act of 1974 (2 U.S.C. 601(a)(5)(A)) is
amended by striking ``the lower of--'' and all
that follows and inserting ``the maximum rate
of pay in effect under section 105(f) of the
Legislative Branch Appropriation Act, 1968 (2
U.S.C. 4575(f)).''.
(C) Section 302(a)(2)(B) of the Congressional
Accountability Act of 1995 (2 U.S.C.
1382(a)(2)(B)) is amended by striking ``the
lesser of--'' and all that follows and
inserting ``the maximum rate of pay in effect
under section 105(f) of the Legislative Branch
Appropriation Act, 1968 (2 U.S.C. 4575(f)).''.
(D) The first section of the Act entitled
``An Act to fix the annual rates of pay for the
Architect of the Capitol and the Assistant
Architect of the Capitol'' (2 U.S.C. 1802) is
amended to read as follows:
``SECTION 1. COMPENSATION.
``The compensation of the Architect of the Capitol shall be
at an annual rate which is equal to the maximum rate of pay in
effect under section 105(f) of the Legislative Branch
Appropriation Act, 1968 (2 U.S.C. 4575(f)).''.
(E) Subsection (c) of the first section of
the Act entitled ``An Act to establish by law
the position of Chief of the Capitol Police,
and for other purposes'' (2 U.S.C. 1902) is
amended by striking ``the lower of'' and all
that follows and inserting ``the maximum rate
of pay in effect under section 105(f) of the
Legislative Branch Appropriation Act, 1968 (2
U.S.C. 4575(f)).''.
(F) Senate Resolution 89, 100th Congress,
agreed to January 28, 1987, as enacted into law
by section 9 of the Legislative Branch
Appropriations Act, 1990 (2 U.S.C. 6133), is
amended in subsection (a) of the first section
by striking ``by the appropriate Leader'' and
all that follows and inserting ``by the
appropriate Leader.''.
(G) Section 2(a) of the Legislative Branch
Appropriations Act, 1988 (as enacted into law
by section 101(i) of Public Law 100-202 (101
Stat. 1329-290)) (2 U.S.C. 6651) is repealed.
(H) Section 203(g) of the Federal Legislative
Salary Act of 1964 (Public Law 88-426; 78 Stat.
415) is repealed.
(I) Section 701 of the Ethics in Government
Act of 1978 (2 U.S.C. 288) is amended--
(i) by striking paragraph (4) of
subsection (a); and
(ii) in subsection (b)(1), by
striking the second sentence.
(b) House of Representatives.--
(1) Adjustments by speaker of the house.--Section
311(d) of the Legislative Branch Appropriations Act,
1988 (as enacted into law by section 101(i) of Public
Law 100-202 (101 Stat. 1329-290)) (2 U.S.C. 4532) is
amended--
(A) in paragraph (1)--
(i) by striking ``and'' at the end of
subparagraph (A);
(ii) by striking the period at the
end of subparagraph (B) and inserting
``; and''; and
(iii) by adding at the end the
following new subparagraph:
``(C) the maintenance of the pay relationship
described in paragraph (3).'';
(B) by redesignating paragraph (3) as
paragraph (4); and
(C) by inserting after paragraph (2) the
following new paragraph:
``(3) The pay relationship described in this paragraph is the
relationship in existence as of the effective date of the
amendments made by section 212 of the Legislative Branch
Appropriations Act, 2020 between--
``(A) an annual rate of pay of $173,900; and
``(B) the annual rate of pay of a Member of the House
of Representatives who is not the Speaker, Majority
Leader, or Minority Leader of the House.''.
(2) Pay adjustments by chief administrative
officer.--Section 4(e) of the Federal Pay Comparability
Act of 1970 (2 U.S.C. 4531(e)) is amended to read as
follows:
``(e) No rate of pay for any position shall be adjusted under
this section to an amount in excess of the rate of pay in
effect for such position under an order issued by the Speaker
of the House of Representatives pursuant to the authority of
section 311(d) of the Legislative Branch Appropriations Act,
1988 (2 U.S.C. 4532).''.
(3) Certain positions of the house of
representatives.--
(A) Legislative counsel.--Section 523 of the
Legislative Reorganization Act of 1970 (2
U.S.C. 282b) is amended--
(i) in subsection (a), by striking
``equal to the rate of basic pay'' and
all that follows and inserting ``equal
to the greater of $173,900 or the rate
of pay in effect for such position
under an order issued by the Speaker of
the House of Representatives pursuant
to the authority of section 311(d) of
the Legislative Branch Appropriations
Act, 1988 (2 U.S.C. 4532).''; and
(ii) in subsection (b), by striking
``in excess of the rate of basic pay''
and all that follows and inserting ``in
excess of the applicable rate of pay in
effect under an order issued by the
Speaker of the House of Representatives
pursuant to the authority of section
311(d) of the Legislative Branch
Appropriations Act, 1988 (2 U.S.C.
4532).''.
(B) Law revision counsel.--Section 205(f) of
House Resolution 988, 93rd Congress, agreed to
October 8, 1974, as enacted into law by the
matter under the heading ``Administrative
Provisions'' under the heading ``HOUSE OF
REPRESENTATIVES'' under chapter III of title I
of the Supplemental Appropriations Act, 1975 (2
U.S.C. 285e), is amended by striking ``Law
Revision Counsel shall be paid'' and all that
follows and inserting ``Law Revision Counsel
shall be paid at a per annum gross rate
determined by the Speaker not to exceed the
greater of $173,900 or the rate of pay in
effect for such position under an order issued
by the Speaker pursuant to the authority of
section 311(d) of the Legislative Branch
Appropriations Act, 1988 (2 U.S.C. 4532); and
members of the staff of the Office other than
the Law Revision Counsel shall be paid at per
annum gross rates fixed by the Law Revision
Counsel with the approval of the Speaker or in
accordance with policies approved by the
Speaker, but not in excess of the applicable
rate of pay in effect under an order issued by
the Speaker pursuant to the authority of such
section.''.
(C) Parliamentarian.--Section 4 of House
Resolution 502, 95th Congress, agreed to April
20, 1977, as enacted into law by section 115 of
the Legislative Branch Appropriation Act, 1978
(2 U.S.C. 287c), is amended--
(i) in subsection (a), by striking
``but not in excess'' and all that
follows and inserting ``but not in
excess of the greater of $173,900 or
the rate of pay in effect for such
position under an order issued by the
Speaker of the House of Representatives
pursuant to the authority of section
311(d) of the Legislative Branch
Appropriations Act, 1988 (2 U.S.C.
4532).''; and
(ii) in subsection (b), by striking
``, but not in excess of the rate of
basic pay set forth in subsection (a)''
and inserting ``but not in excess of
the applicable rate of pay in effect
under an order issued by the Speaker of
the House of Representatives pursuant
to the authority of section 311(d) of
the Legislative Branch Appropriations
Act, 1988 (2 U.S.C. 4532)''.
(D) Chaplain.--Section 3 of House Resolution
661, 95th Congress, agreed to July 29, 1977, as
enacted into law by section 111 of the
Legislative Branch Appropriation Act, 1979 (2
U.S.C. 5521), is amended by striking section 3
and inserting the following:
``Sec. 3. The maximum per year gross rate of compensation of
the Chaplain of the House of Representatives shall not exceed
the greater of $173,900 or the rate of pay in effect for such
position under an order issued by the Speaker of the House of
Representatives pursuant to the authority of section 311(d) of
the Legislative Branch Appropriations Act, 1988 (2 U.S.C.
4532).''.
(E) Certain leadership employees.--Subsection
(b) of the first section of House Resolution
393, 95th Congress, agreed to March 31, 1977,
as enacted into law by section 115 of the
Legislative Branch Appropriation Act, 1978 (2
U.S.C. 5141(b)), is amended by striking ``The
annual rate'' and all that follows through
``United States Code,'' and inserting the
following: ``The maximum annual rate of
compensation for any individual employed under
subsection (a) shall not exceed the greater of
$173,900 or the applicable rate of pay in
effect under an order issued by the Speaker of
the House of Representatives pursuant to the
authority of section 311(d) of the Legislative
Branch Appropriations Act, 1988 (2 U.S.C.
4532),''.
(4) Chief of staff of joint committee on taxation.--
Section 214(e) of the Postal Revenue and Federal Salary
Act of 1967 (2 U.S.C. 4302) is amended by striking
``The per annum rate of compensation'' and all that
follows through the period at the end and inserting the
following: ``The maximum annual rate of compensation of
the Chief of Staff of the Joint Committee on Taxation
shall not exceed the greater of $173,900 or the rate of
pay in effect for such position under an order issued
by the Speaker of the House of Representatives pursuant
to the authority of section 311(d) of the Legislative
Branch Appropriations Act, 1988 (2 U.S.C. 4532).''.
(c) Effective Date.--This section and the amendments made by
this section shall take effect on the later of--
(1) the first day of the first applicable pay period
beginning on or after January 1, 2020; or
(2) the first day of the first applicable pay period
beginning on or after the date of enactment of this
Act.
This division may be cited as the ``Legislative Branch
Appropriations Act, 2020''.
[Clerk's note.--Reproduced below is the material relating
to division E contained in the Explanatory Statement regarding
H.R. 1865, the Further 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 H11361 of
Book III.
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DIVISION E--LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2020
The following is an explanation of the effects of Division
E, which makes appropriations for the legislative branch for
fiscal year 2020. Unless otherwise noted, reference to the
House and Senate reports are to House Report 116-64 and Senate
Report 116-124. The language included in these reports should
be complied with and carries the same emphasis as the language
included in the explanatory statement, unless specifically
addressed to the contrary in this explanatory statement. While
repeating some report language for emphasis, this explanatory
statement does not intend to negate the language referred to
above unless expressly provided herein.
Reprogramming Guidelines: It is expected that all agencies
notify the Committees on Appropriations of the House and the
Senate (hereinafter ``the Committees'') of any significant
departures from budget plans presented to the Committees in any
agency's budget justifications. In particular, agencies funded
through this bill are required to notify the Committees prior
to any reprogramming of funds in excess of the lesser of 10
percent or $750,000 between programs, projects or activities,
or in excess of $750,000 between object classifications (except
for shifts within the pay categories, object class 11, 12, and
13 or as further specified in each agency's respective
section). This includes cumulative reprogrammings that together
total at least $750,000 from or to a particular program,
activity, or object classification as well as reprogramming
full time equivalents (FTE) or funds to create new
organizational entities within the agency or to restructure
entities which already exist. In addition, the Committees must
be notified of reprogramming actions that involve less than the
above-mentioned amounts if such actions would have the effect
of changing an agency's funding requirements in future years or
if programs or projects specifically cited in the Committees'
reports are affected.
Updating Congressional Budget Justifications: Congressional
Budget Justifications are essential tools within the
appropriations process. The efforts of the Legislative Branch
Financial Managers Council (LBFMC) to share financial
information and improve financial processes across the entire
legislative branch are applauded. With these efforts in mind,
the members of the LBFMC are directed to explore refining and
standardizing Congressional Budget Justifications and present
the findings to the Committees within 180 days of the enactment
of this act. The findings should include but not be limited to
best practices for using Zero Base Budgeting, aligning FTE
levels with current enacted appropriations and the funding
requested in the budget year and providing detailed
justifications for large multi-year or joint projects.
Offices of Inspectors General Budgets: It is important to
ensure independence between legislative branch Offices of
Inspectors General (OIG) and their respective reporting
agencies. There shall be a separate section in each agency's
fiscal year 2021 budget justification reflecting a detailed
budget request for the agency's OIG. Each OIG is directed to
keep the Committees fully apprised of its funding needs. In
addition, each agency is directed to avoid interference with or
require approval for such communications.
Science and Technology Needs in Congress: The report
released on November 14, 2019, by the National Academy of
Public Administration (NAPA) identified the existing gaps in
science and technology expertise and resources available to
Congress. The Committees, Members, stakeholders and other
committees of jurisdiction working together will continue to
evaluate the recommendations in the report to address this gap.
Data Centers: Legislative branch agencies use information
technology (IT) infrastructure, systems and services to support
critical functions to carry out their statutory missions,
including functions essential to carrying out the
constitutional responsibilities of the legislative branch.
IT infrastructure, systems and services may be located in
data centers covering several geographic regions or using
several types of cloud services. Regardless of how such
infrastructure, systems and services are provisioned, an
agency's IT infrastructure, systems or services must satisfy,
or have a plan to achieve, the following requirements: must
meet ``concurrently maintainable'' requirements, as set forth
by the Uptime Institute or a designated agency authority; must
maintain continuous operation against agency-defined hazards
and risks; and must incorporate technical communications
capabilities to ensure that all necessary IT resources required
to support the mission of the legislative branch can
interoperate effectively with the House, Senate, and other
agencies.
Advertising Contracts: Each agency is directed to include
the following information in its fiscal year 2021 budget
justification: Expenditures for fiscal year 2019 for (1) all
contracts for advertising services; and (2) contracts for the
advertising services with (I) socially and economically
disadvantaged small business concerns (as defined in section
8(a)(4) of the Small Business Act (15 U.S.C. 637(a)(4)); and
(II) women- and minority-owned businesses.
TITLE I
SENATE
The agreement includes $969,395,000 for Senate operations.
This item relates solely to the Senate and is in accordance
with long practice under which each body determines its own
housekeeping requirements and the other concurs without
intervention. The language included in the Senate report should
be complied with and carry the same emphasis as the language
included in the explanatory statement, unless specifically
addressed to the contrary in this explanatory statement.
In lieu of language included in the Senate report, the
agreement includes:
Under the heading ``Contingent Expenses of the Senate'',
the amount provided for the Secretary of the Senate for the
Senate Information Services program is $5,136,000 and under the
heading ``Miscellaneous Items'', the amount provided for
Postage is $6,000.
Administrative Provision
The agreement provides for unspent amounts remaining in
Senators' Official Personnel and Office Expense Account to be
used for deficit or debt reduction.
HOUSE OF REPRESENTATIVES
The agreement includes $1,365,725,000, for House
operations, which includes a rescission of $5,000,000. This
item relates solely to the House and is in accordance with long
practice under which each body determines its own housekeeping
requirements and the other concurs without intervention. The
language included in the House report should be complied with
and carry the same emphasis as the language included in the
explanatory statement, unless specifically addressed to the
contrary in this explanatory statement.
Select Committee on the Modernization of Congress: The
Select Committee on the Modernization of Congress has issued
several constructive recommendations to improve the operations
of Congress. All House Officers and Offices are encouraged to
review the recommendations for feasibility and begin
implementation where possible, in consultation with the
Committee on Appropriations and the Committee on House
Administration.
House Annunciator Project: The Sergeant at Arms is directed
to provide a status update regarding the House Annunciator
Project within 180 days from the enactment of this act.
Government Contributions: The increase for this account is
due to the Office of Personnel Management revising long term
economic assumptions and changes to the demographic assumptions
for use in actuarial valuations of the Civil Service Retirement
System (CSRS) and Federal Employees Retirement System (FERS).
Wounded Warrior and Congressional Gold Star Family
Fellowship Program: The agreement includes $3,000,000 for the
Wounded Warrior Program and the Congressional Gold Star Family
Fellowship Program. The Congressional Gold Star Family
Fellowship Program was established on October 29, 2019, and is
cited as the SFC Sean Cooley and SPC Christopher Horton
Congressional Gold Star Family Fellowship Program Act (H. Res.
107).
In lieu of language included in the House report, the
agreement includes:
Under the heading ``House Leadership Offices'', the amount
provided is $28,884,000, the amount provided for Office of the
Speaker is $8,295,000, the amount for Office of the Majority
Floor Leader is $2,947,000, the amount for Office of the
Minority Floor Leader is $8,295,000, the amount for Office of
the Majority Whip is $2,448,000, the amount for Office of the
Minority Whip is $2,219,000, the amount for Republican
Conference is $2,340,000, and the amount for Democratic Caucus
is $2,340,000; under the heading ``Salaries, Officers and
Employees'' the amount provided is $231,903,000, the amount
provided for Office of the Clerk is $30,766,000, the amount
provided for Office of the Sergeant of Arms is $20,225,000, the
amount provided for Chief Administrative Officer is
$153,550,000, and the amount provided for Office of General
Counsel is $1,751,000; under the heading ``Allowances and
Expenses'', the amount provided is $323,920,000, the amount
provided for Supplies, Materials, Administrative Costs and
Federal Tort Claims is $1,526,000, and the amount provided for
Government Contributions is $294,377,000.
Legislative Information Management System: The bill
provides $1,500,000, which is below the request but consistent
with the project timeline and current needs for the upgrade of
the Legislative Information Management System. With this major
investment for House operations, the Clerk is directed to
provide quarterly status updates including project milestones
and spending targets.
Funding for the Chief Administrative Officer: The bill
provides $153,550,000 for the salaries and expenses of the
Office of the Chief Administrative Officer (CAO), including
$88,450,000 for House Information Resources; $5,450,000 for
House-Wide Training Programs; and $1,413,000 for the Office of
Employee Advocacy. The CAO is directed to provide quarterly
status updates on spending including IT project milestones and
spending targets.
Administrative Provisions
The agreement provides for unspent amounts remaining in the
Members' Representational Allowances account to be used for
deficit or debt reduction; places a limitation on amount
available to lease vehicles; amends the allowance for
compensation of interns in member offices and allows transfer
authority; provides an allowance for compensation of interns in
Leadership offices and allows transfer authority; limits the
sharing of House information by Federal entities; rescinds
amounts in the Stationery and Page Dorm revolving funds;
provides for using available balances of expired funds for
death gratuity payment and workers compensation and
unemployment compensation payments; and provides for reduction
in the amount of tuition charged for children of House Child
Care Center employees.
JOINT ITEMS
Joint Economic Committee
The agreement includes $4,203,000 for salaries and
expenses.
Joint Congressional Committee on Inaugural Ceremonies of 2021
The agreement includes $1,500,000 for salaries and expenses
associated with conducting the inaugural ceremonies of the
President and Vice President of the United States on January
20, 2021, in accordance with such program as may be adopted by
the joint congressional committee authorized to conduct the
inaugural ceremonies of 2021.
Joint Committee on Taxation
The agreement includes $11,563,000 for salaries and
expenses.
Office of the Attending Physician
The agreement includes $3,868,000.
Office of Congressional Accessibility Services
SALARIES AND EXPENSES
The agreement includes $1,509,000 for salaries and
expenses.
CAPITOL POLICE
Salaries
The agreement includes $379,062,000 for salaries of the
United States Capitol Police (USCP). The increase includes
funds to support 57 additional sworn officers as well as one
additional position for the USCP Office of Inspector General.
No more than $47,048,000 is recommended for overtime in fiscal
year 2020. This provides for approximately 717,791 hours of
additional duty including coverage of the 2020 National
Conventions and pre-inauguration.
USCP Office of Inspector General: The agreement provides
funding to support not less than six FTE within the USCP Office
of Inspector General.
The agreement reiterates directives included in the Senate
report and/or House report related to:
USCP Wellness Program: The Department's efforts to date to
develop an overall Wellness Program for the officers and
civilian personnel of the U.S. Capitol Police are encouraging.
It is important to ensure the Capitol Police workforce has the
needed support in order to perform its critical national
security mission of defending the legislative process. As a
part of this law enforcement function, it is important for the
Department to continue its effort to maintain the highest level
of readiness.
Therefore, the Department is encouraged to begin
implementation of a holistic wellness and resiliency program
for its workforce that emphasizes the importance of physical
fitness, nutritional health, mental and emotional health, and
financial wellness. Mindfulness plays an important role in
having a first responder workforce that is holistically
balanced and resilient. With an emphasis on improving and
maintaining both physical fitness and mental health, the
Department will be able to provide the support to its workforce
to enable them to maintain full focus and attention to the
Department's critical mission.
Within 45 days of enactment of this act, the Department is
directed to submit a report to the Committees providing the
scope, timeline and the cost estimates for implementation and
maintenance of such a program. This report should include
specific details on how the Department plans to utilize its
current resources, such as fitness centers and contracted
fitness training support in this effort, and how it would
expand these capabilities to provide the greatest opportunity
for its workforce to improve and maintain their physical
fitness and nutritional health. The Department should also
include details of the other focus areas for its Wellness
Program, to include, but not limited to mental, emotional and
financial health. This Program should be designed to achieve
the highest level of participation of the USCP's workforce. The
Committees look forward to working closely with the Department
to achieve this effort.
Micromobility Options on U.S. Capitol Grounds: Dockless
commercial scooters, or e-scooters, and other motorized devices
for rent have grown as a commuting option for congressional
staffers, tourists and other visitors to the District of
Columbia and Capitol Grounds. It is recognized that new and
expanding micromobility options in the District can offer
alternatives to car travel and increase access to public
transportation. However, these options can create a public
safety concern impacting vehicular and pedestrian traffic on
the Capitol Grounds if not appropriately regulated and if left
unchecked. The safety and security concerns--specifically e-
scooters left unattended on sidewalks, roadways, and high-
pedestrian access areas throughout the Capitol Grounds--raised
by the Capitol Police and other members of the congressional
community should continue to be addressed by both the USCP and
the House and Senate Sergeants at Arms. The Capitol Police and
the Sergeants at Arms are directed to continue and expand
efforts to communicate to e-scooter companies, congressional
staff, District residents and visitors current restrictions for
using and/or parking e-scooters on or around Capitol Grounds.
The USCP and the Sergeants at Arms are also directed to engage
with the e-scooter companies and the District to explore the
feasibility of having locations adjacent to campus to designate
as e-scooter parking areas.
Use of Grounds: The Committees understand the need to
maintain safety and order on the Capitol Grounds and the USCP
is commended for its efforts. Given the family-style
neighborhood that the Capitol shares with the surrounding
community the Capitol Police is instructed to forebear
enforcement of 2 U.S.C. 1963 (``an act to protect the public
property, turf, and grass of the Capitol Grounds from injury'')
and the Traffic Regulations for the United States Capitol
Grounds when encountering snow sledders on the grounds.
General Expenses
The agreement includes $85,279,000 for general expenses of
the Capitol Police.
USCP Office of Inspector General: The agreement provides
funding not less than $452,500 for expenses of the Office of
Inspector General.
Administrative Provision
The agreement amends 2 U.S.C. 1926(c), by increasing the
employee educational assistance program reimbursement limit
from $40,000 to $60,000 for student loan repayments.
OFFICE OF CONGRESSIONAL WORKPLACE RIGHTS
SALARIES AND EXPENSES
The agreement includes $6,333,000 for salaries and
expenses.
CONGRESSIONAL BUDGET OFFICE
SALARIES AND EXPENSES
The agreement includes $54,941,000 for salaries and
expenses.
Responsiveness: The Congressional Budget Office (CBO) is
expected to ensure a high level of responsiveness to
committees, leadership and Members, to the greatest extent
practicable under the priorities for CBO set by law, especially
when working on current pending legislation. As an agency that
prides itself as being nonpartisan, CBO should be providing the
same information to all stakeholders at the appropriate time
when addressing legislation that has been made public.
ARCHITECT OF THE CAPITOL
The agreement includes $695,933,000 for the activities of
the Architect of the Capitol (AOC).
AOC Office of Inspector General (OIG): The agreement
includes not less than $3,810,000 to support no fewer than 15
FTE within the AOC OIG during fiscal year 2020.
AOC Response to Sexual Harassment Complaints: There
continues to be a concern with the findings of the March 15,
2019, AOC OIG review of the AOC's response to sexual harassment
complaints over the previous 10-year period. Employees of the
AOC should feel their work environment is safe and that
complaints of harassment and discrimination are taken
seriously.
The AOC is directed to report to the Committees within 60
days of enactment of this act on the status of implementation
for each of the 16 inquiry results listed in the AOC OIG's
report, to include the implementation of the recommendations
identified in prior OIG sexual harassment management advisories
that went unimplemented in previous years. The report should
detail the timeline for implementation as well as any updates
or revisions to the AOC's internal policies relating to
harassment and discrimination, including employee training on
how to prevent and properly report incidents.
Improved Coordination of Legislative Branch Data Centers:
Each legislative branch agency independently determines how to
manage its data center needs, including: which type of
computing (center-based versus cloud-based) to use, the
appropriate location for its data centers and required tier of
security, the type of facility business model (owned or leased)
and expected length of occupancy. While it is appropriate for
each agency to make these decisions unilaterally, it does
create governance issues across the legislative branch. The AOC
manages several facilities that provide space for data centers,
but their use is subject to individual agency decisions, making
it difficult for AOC to plan for building maintenance and
renovations. Coordination of agency decisions regarding data
centers would likely result in cost savings from economies of
scale and agreements on physical building space usage. The
chief information officers (CIOs) of the legislative branch
agencies are directed to form a governance board that will have
authority over common elements among agencies' management of
their data centers. Such elements should include agreements on
the use of available space in data centers that are owned and
managed by the AOC. The board should identify the expected rate
of occupancy of AOC data centers over the next 5 to 10 years,
their required level of security, and agreed-upon uses of
unused space for other purposes. The CIOs should report to the
Committees within 180 days of enactment of this act that the
governance board has been created. Thereafter, the board should
provide annual reports to the Committees on its deliberations
and decisions, with the first report being due by January 30,
2021.
Data Provided for AOC Projects in Budget Justifications:
The AOC is requested to provide in its fiscal year 2022 budget
justification additional information about the line item
construction projects requested that total $25,000,000 or more.
Similar to the information provided for Department of Defense
projects in form 1391 (DD 1391), the budget justifications
should include data such as: (1) project description, to
include phases (if applicable) delineated by fiscal year,
funding for each phase by fiscal year, and a detailed
description of what that funding procures; (2) project
justification and analysis of benefits; (3) a comparison of
budget authority with the prior year's budget for budget
authority already received and needed in future years; (4) a
justification of any cost, schedule, or design change from
prior years; (5) total estimated cost with a detailed breakout
by design, construction, and operating costs; (6) a complete
project schedule to include dates indicating design start, 35
percent design completion, award of construction documents,
design completion, award of construction contract, and
estimated construction completion; (7) design contract type;
and (8) an analysis of alternatives with associated costs.
Capital Construction and Operations
The agreement includes $120,000,000 for Capital
Construction and Operations.
With respect to operations and projects, the agreement
includes the following:
------------------------------------------------------------------------
------------------------------------------------------------------------
Operating Budget:....................................... $120,000,000
Total, Capital Construction and Operations...... $120,000,000
------------------------------------------------------------------------
Capitol Building
The agreement includes $68,878,000, for maintenance, care,
and operation of the Capitol, of which $40,899,000 shall remain
available until September 30, 2024.
With respect to operations and projects, the agreement
includes the following:
------------------------------------------------------------------------
------------------------------------------------------------------------
Operating Budget:....................................... $27,979,000
Project Budget:
Exterior Stone and Metal Preservation, West, Phase 22,300,000
III................................................
FY2021 Presidential Inaugural Stands & Support 7,000,000
Facilities.........................................
Electric Power Distribution System Replacement, 5,500,000
House..............................................
Conservation of Fine and Architectural Art.......... 599,000
Minor Construction.................................. 5,500,000
---------------
40,899,000
Total, Capitol Building......................... $68,878,000
------------------------------------------------------------------------
Accessibility: It is critical for all individuals visiting
the U.S. Capitol complex to have the opportunity to be inspired
and learn. Individuals with disabilities should receive the
same information and experiences as those who do not have
disabilities. Signage, brochures and many exhibit descriptions
are available in Braille and/or large print. There are several
touchable models available as is an audio descriptive tour of
Exhibition Hall in the Capitol Visitor Center (CVC). The
efforts of the Office of Congressional Accessibility Services
(OCAS) to develop a touchable model/map of the CVC and the
Capitol complex are helpful, as well as its development of a
descriptive audio tour for the redesigned Exhibition Hall
located in the CVC. In addition, its efforts to enhance
independent navigation and access to visual information for
those who are blind or have low vision are important. However,
emerging access technologies, including remote video
connectivity to trained visual interpreters that can support
such access, should be considered. The AOC, working with the
OCAS, is encouraged to research and evaluate access
technologies for those who are blind or have low vision that
enable access to visual information and enhance independent
navigation. The AOC is expected to provide a briefing to the
Committees within 180 days of enactment of this act on plans to
incorporate these technologies into the visitor experience in
the Capitol building.
Display of the Official Flags of Federally Recognized
Indian Tribes: The AOC is encouraged to study the feasibility
of the display of the official flags of federally recognized
Indian Tribes in visible spaces on the Capitol campus. The AOC
is requested to provide a report to the Committees within 120
days of enactment of this act describing potential scope and
display method options.
Depictions of Native Americans and Native American History
in the Capitol: There are depictions of Native Americans
throughout the Capitol complex that do not portray Native
Americans as equals or Indian Tribes as independent sovereigns.
The AOC is urged to work with the Native American historians
and professionals at the National Museum of the American Indian
to ensure that the Capitol complex describes more accurately
and respectfully represents the history of Native Americans.
The AOC is also encouraged to acknowledge in its exhibitions on
American history and tradition the elements that have
originated from Native American cultures.
Capitol Grounds
The agreement includes $15,024,000 for the care and
improvements of the grounds surrounding the Capitol, House and
Senate office buildings, and the Capitol Power Plant, of which
$3,000,000 shall remain available until September 30, 2024.
With respect to operations and projects, the agreement
includes the following:
------------------------------------------------------------------------
------------------------------------------------------------------------
Operating Budget:....................................... $12,024,000
Project Budget:
Minor Construction.................................. 3,000,000
---------------
3,000,000
Total, Capitol Grounds.......................... $15,024,000
------------------------------------------------------------------------
Summerhouse: The historic Summerhouse on the Capitol
grounds designed in 1880 by Frederick Law Olmsted is badly
deteriorated and has needed masonry structure renovation for
years. Yet, the project has been deemed lower priority than
other important projects and not funded. The Architect is
encouraged to apply to the United States Capitol Preservation
Commission for the $3,200,000 requested in the fiscal year 2020
budget for renovation of the Summerhouse. The Commission uses
the Capitol Preservation Fund to provide financing for
preservation of the Capitol and structures on Capitol grounds,
making the Summerhouse an appropriate project recipient. The
Architect is requested to notify the Committees when a request
has been made to the Commission for Summerhouse funding.
Senate Office Buildings
The agreement includes $88,424,000 for the maintenance,
care and operation of the Senate Office Buildings, of which
$23,100,000 shall remain available until September 30, 2024.
------------------------------------------------------------------------
------------------------------------------------------------------------
Operating Budget:....................................... $65,324,000
Project Budget:
HVAC AHU Improvements, HSOB......................... 13,700,000
Prescriptive Egress Improvements, HSOB.............. 1,800,000
Exterior Envelope Rehabilitation, DSOB.............. 1,600,000
Minor Construction.................................. 6,000,000
---------------
23,100,000
Total, Senate Office Buildings.................. $88,424,000
------------------------------------------------------------------------
This item relates solely to the Senate and is in accordance
with long practice under which each body determines its own
housekeeping requirements, and the other concurs without
intervention.
Senate Employees' Child Care Center (SECCC): In
anticipation of receipt by March 31, 2020, of the AOC report to
identify and evaluate potential options for expanding the
physical capacity of the SECCC, and a potential decision made
on the path forward for SECCC facility expansion, the agreement
concurs with the Senate Report and provides an additional
$1,000,000 for Senate Office Buildings Minor Construction above
the fiscal year 2020 budget request to be used for pre-design
activities if the selection of a preferred option from the
ongoing study is finalized. Such pre-design activities would
include developing a site-specific program of requirements, an
acquisition plan, and an independent government estimate.
House Office Buildings
(INCLUDING TRANSFER OF FUNDS)
The agreement includes $153,273,000 for the care and
maintenance of the House Office Buildings, of which $30,300,000
shall remain available until September 30, 2024, and
$62,000,000 shall remain available until expended for the
restoration and renovation of the Cannon House Office Building.
------------------------------------------------------------------------
------------------------------------------------------------------------
Operating Budget:....................................... $60,973,000
Project Budget:
Electrical Distribution Switchgear Upgrade, LHOB.... 17,200,000
CAO Project Support................................. 6,100,000
Minor Construction.................................. 7,000,000
Cannon Building Restoration......................... 62,000,000
---------------
92,300,000
Total House Office Buildings (base program)..... $153,273,000
------------------------------------------------------------------------
This item relates solely to the House and is in accordance
with long practice under which each body determines its own
housekeeping requirements, and the other concurs without
intervention.
Capitol Power Plant
In addition to the $10,000,000 made available from receipts
credited as reimbursements to this appropriation, the agreement
includes $98,957,000 for maintenance, care and operation of the
Capitol Power Plant, of which $15,300,000 shall remain
available until September 30, 2024.
With respect to operations and projects, the agreement
includes the following:
------------------------------------------------------------------------
------------------------------------------------------------------------
Operating Budget:....................................... $83,657,000
Project Budget:
R Tunnel Improvements, Constitution................. 10,100,000
Switchgear A and the Final Chiller Replacement, RPF, 1,200,000
Phase VIII, WRP....................................
Minor Construction.................................. 4,000,000
---------------
15,300,000
Total, Capitol Power Plant...................... $98,957,000
Offsetting Collections...................... 10,000,000
------------------------------------------------------------------------
Reimbursable Authority: The reimbursable authority for
steam and chilled water provides additional resources for
Capitol Power Plant operations beyond those provided through
appropriated funds. However, the use of this funding, expected
to total $10,000,000 in fiscal year 2020, is not described in
Architect of the Capitol budget justifications or controlled by
Congress in any way. The AOC is directed to include projected
uses of this reimbursable authority in its future budgets.
Library Buildings and Grounds
The agreement includes $55,746,000 for Library of Congress
Buildings and Grounds, of which $25,200,000 shall remain
available until September 30, 2024.
With respect to operations and projects, the agreement
includes the following:
------------------------------------------------------------------------
------------------------------------------------------------------------
Operating Budget:....................................... $30,546,000
Project Budget:
Copper Roof Replacement and Fall Protection, JAB.... 16,500,000
ESPC Management Program, LBG........................ 5,200,000
Minor Construction.................................. 3,500,000
---------------
25,200,000
Total, Library Buildings and Grounds............ $55,746,000
------------------------------------------------------------------------
Capitol Police Buildings, Grounds and Security
The agreement includes $55,216,000 for Capitol Police
Buildings, Grounds and Security, of which $28,000,000 shall
remain available until September 30, 2024.
With respect to operations and projects, the agreement
includes the following:
------------------------------------------------------------------------
------------------------------------------------------------------------
Operating Budget:....................................... $27,216,000
Project Budget:
Barrier Lifecycle Perimeter Security Kiosk Rplcmt, 8,300,000
Phase IV, OSP......................................
Roof Replacement, Alternate Computer Facility....... 7,300,000
Perimeter Security Fence Modification, OSP.......... 4,900,000
Off-Site Delivery Screening Center Study, OSP....... 1,500,000
Visitor Vestibules, USC............................. 1,000,000
Minor Construction.................................. 5,000,000
---------------
28,000,000
Total, Capitol Police Buildings, Grounds and $55,216,000
Security.......................................
------------------------------------------------------------------------
Botanic Garden
The agreement includes $16,094,000 for the U.S. Botanic
Garden (USBG), of which $4,000,000 shall remain available until
September 30, 2024. Within Operating Expenses, the
recommendation includes the $150,000 increase requested for the
exhibits program celebrating the USBG's 200th anniversary year.
The agreement also includes the requested $200,000 increase for
the partnerships program for urban agriculture, which will
expand the Botanic Garden's urban agricultural training and
education initiative.
With respect to operations and projects, the agreement
includes the following:
------------------------------------------------------------------------
------------------------------------------------------------------------
Operating Budget:....................................... $12,094,000
Project Budget:
Minor Construction.................................. 4,000,000
---------------
4,000,000
Total, Botanic Garden........................... $16,094,000
------------------------------------------------------------------------
Capitol Visitor Center
The agreement includes $24,321,000 for the Capitol Visitor
Center.
Administrative Provision
The agreement prohibits payments of bonuses to contractors
behind schedule or over budget.
Library of Congress
SALARIES AND EXPENSES
The agreement includes $504,164,000 in direct
appropriations and authority to spend receipts of $6,000,000
for a total of $510,164,000. This amount includes $3,587,000
for the Veterans History Project.
Office of Inspector General: The agreement includes not
less than $3,991,000 for the Library's Office of Inspector
General during fiscal year 2020.
Centralized Funding for Information Technology: As
requested by the Library, funding for centralized IT services
is appropriated directly to the main Library of Congress
Salaries and Expenses account for use by the Office of the
Chief Information Officer instead of to the component
organizations receiving the IT services. This realignment
reflects where services are actually being performed, avoiding
the need for repeated reimbursement transactions, and will help
facilitate the final phases of IT centralization across the
Library. As a result, a total of $13,556,000 is provided to the
Salaries and Expenses account, with $2,708,000 allocated for
Copyright Office IT services, $8,767,000 designated for
Congressional Research Service IT services, and $2,081,000
allocated for National Library Service for the Blind and Print
Disabled IT services. As a result of this realignment, funding
for the three agencies may appear lower, compared to fiscal
year 2019. The Library is expected to provide a detailed
spending plan within 60 days of enactment of this act,
including any increase in FTE levels associated with the IT
modernization.
Primary Computing Facility: Included within this
recommendation is $7,000,000 for Data Center Transformation and
Modernization (phase II). The Library's Office of the Chief
Information Officer has confirmed that it is on schedule to
complete the Data Center Transformation Program by the end of
fiscal year 2020. The Librarian of Congress is directed to
provide a written report, within 30 days of enactment of this
act, outlining a month-by-month timeline of when the data
center migration will be completed, including a detailed
overview of how the Library intends to meet its fiscal year
2020 deadline to migrate to an offsite certified Tier III data
center.
IT Modernization and Integrated Master Schedule: The
agreement continues to build on investments in IT modernization
at the Library, including updating outdated infrastructure,
supporting migration to a Tier III data center, and improving
the security of the networks. To facilitate the oversight of
these investments, the Library is directed to develop an
integrated master schedule for its overarching IT modernization
efforts. The integrated master schedule should use best
practice criteria from the Government Accountability Office,
Project Management Institute, or other entity with similar
expertise to outline the span of the modernization effort, to
be updated on a rolling basis as milestones are met and
modernization moves forward. In order to measure the
modernization cost and schedule performance on an ongoing
basis, the integrated master schedule should also include a
comparison of the applicable planned cost of completed work to
actual cost incurred, to be updated quarterly. The baselined
integrated master schedule should be completed and shared with
the Committees within 60 days of enactment of this act.
Visitor Experience Project: The agreement provides
$10,000,000 to be available until expended for further design
and development of the Visitor Experience Project. This brings
the total Federal investment provided thus far for the project
to $20,000,000. The Library is expected to complete a detailed
plan with further design, along with cost estimates completed
by the Architect of the Capitol, for the project. This material
should be made available as part of the Library's annual budget
request. Language is included making this funding available
only upon approval of the House and Senate Legislative Branch
Appropriations Subcommittees. Such approval will be contingent
upon agreement that the Library has completed the necessary
design and development of the project, along with detailed cost
estimates. The Library is also requested to provide semi-
annually the amount of non-Federal funding committed or
received for this project.
National Film and Sound Recording Preservation Programs:
The important work of the National Film Preservation Program
and the National Sound Recording Preservation Program is
recognized, including the federally chartered National Film and
National Recording Preservation Foundations (Foundations).
Consistent with the authorizing statute, the Foundations
utilize both public and private matching funds to provide
grants to a wide array of educational and non-profit
organizations that help preserve historical and cultural
artifacts that would otherwise disappear or be destroyed over
time. Given that these programs were reauthorized under the
Library of Congress Sound Recording and Film Preservation
Programs Reauthorization Act of 2016 (Public Law 114-217), the
Library is expected to provide support to these programs.
Copyright Office
SALARIES AND EXPENSES
The agreement includes $42,137,000 in direct appropriations
to the Copyright Office. An additional $45,700,000 is made
available from receipts for salaries and expenses and
$4,003,000 is available from prior year unobligated balances,
for a total of $91,840,000.
Information Technology Modernization: The recommendation
continues funding for Copyright Office IT modernization. The
Copyright Office is directed to provide a detailed spend plan
for the IT modernization efforts intended to be addressed with
the funds provided in fiscal year 2020. Additionally, the
Copyright Office is directed to develop an integrated and
reliable master schedule for its mission specific modernization
efforts. The integrated master schedule should use best
practice criteria from the Government Accountability Office,
Project Management Institute, or other entity with similar
expertise to outline a set of detailed milestones and outcome
measures over the span of the modernization effort, to be
updated on a rolling basis as milestones are met and
modernization moves forward. In order to measure the
modernization cost and schedule performance on an ongoing
basis, the integrated master schedule should also include a
comparison of the applicable planned cost of completed work to
actual cost incurred, to be updated quarterly. The baselined
integrated master schedule should be completed and shared with
the Committees within 60 days of enactment of this act.
In lieu of language included in the Senate report, the
agreement includes the following:
Satellite Subsidy Expiration: There is a concern that the
distant signal provision contained in the STELA Reauthorization
Act of 2014 (Public Law 113-200) may provide a below-market
incentive for a mature satellite industry to restrict local
news transmission. Recognizing that this law is set to expire
on December 31, 2019, the Register of Copyrights is directed to
conduct a study on the impact on the market post-expiration,
and report to the Committees within 18 months of enactment of
this act.
CONGRESSIONAL RESEARCH SERVICE
SALARIES AND EXPENSES
The agreement includes $120,495,000 for salaries and
expenses.
Congressional Staff Education: The Congressional Research
Service (CRS) provides valuable education seminars for
congressional staff on the legislative process. CRS is
encouraged to continue to incorporate analyses of Federal law
and related judicial developments, legislation and the
regulatory process, and international law into its curriculum.
National Library Service for the Blind and Print Disabled
SALARIES AND EXPENSES
The agreement includes $58,563,000 for salaries and
expenses.
Modernization: The recommendation includes $5,000,000 for
replacement of the Braille and Audio Reading by Download (BARD)
website which will enhance service to existing National Library
Service (NLS) patrons and is expected to increase its number of
users. The recommendation also includes $2,375,000 to increase
the supply of talking book machines and Braille eReaders.
ADMINISTRATIVE PROVISION
The agreement includes a provision regarding reimbursable
and revolving funds.
Government Publishing Office
CONGRESSIONAL PUBLISHING
(INCLUDING TRANSFER OF FUNDS)
The agreement includes $79,000,000 for authorized
publishing, printing and binding for the Congress.
PUBLIC INFORMATION PROGRAMS OF THE SUPERINTENDENT OF DOCUMENTS
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
The agreement includes $31,296,000.
GOVERNMENT PUBLISHING OFFICE BUSINESS OPERATIONS REVOLVING FUND
The agreement includes $6,704,000.
Office of Inspector General: The agreement includes not
less than $4,172,000 for the Government Publishing Office's
(GPO) Office of Inspector General (OIG) during fiscal year
2020.
Responsiveness to Congress: The GPO OIG is responsible for
providing independent and objective information to the Director
of GPO and to the Congress. The information provided is crucial
to the oversight functions of Congress and the daily functions
of the agency and its employees. The OIG shall fully inform the
Committees of any problems and deficiencies within the agency,
as provided by statute. The OIG should inform the Committees
periodically and upon request of all completed activities of
the OIG that are not classified in nature. In instances when
information or reports are deemed agency-sensitive, the OIG is
expected to be transparent and work collectively with the
Committees to ensure that Congress has access to information
critical to its legislative branch oversight functions.
Government Accountability Office
Salaries And Expenses
The agreement includes $630,000,000 in direct
appropriations for salaries and expenses of the Government
Accountability Office (GAO). In addition, $24,800,000 is
available from offsetting collections, for a total of
$654,800,000.
GAO Office of Inspector General: The agreement also
includes not less than $2,375,000 for the GAO Office of
Inspector General, which supports not less than 11 FTE.
Science and Technology Issues: The funding provided will
allow GAO to increase support for Congress' work on evolving
science and technology issues. The 2019 report from the
National Academy of Public Administration (NAPA) identified the
need for GAO to focus its advice to Congress on technical
assessments and short-to-medium term studies. The study also
highlighted that although GAO's support requests from Congress
have increased, GAO should consider expanding its outreach to
the science and technology community and coordination with CRS
to better fill these gaps. GAO is encouraged to dedicate a
specific number of experts to work exclusively on GAO's
Science, Technology Assessment, and Analytics (STAA) team that
was created in January 2019, a recommendation that was included
in the NAPA report.
GAO Budget Appropriations Group: The GAO Budget
Appropriations Group provides important services to Congress
through its formal legal opinions, informal legal advice, the
updating of its three-volume treatise on appropriations law,
and its responsibilities under the Impoundment Control Act. The
number of requests to the Budget Appropriations Group has
increased dramatically over the last five years, making it more
difficult for GAO to respond to Congressional inquiries. Within
the increases provided, GAO is encouraged to enhance the
resources allocated to its important appropriations law
functions.
OPEN WORLD LEADERSHIP CENTER TRUST FUND
The agreement includes $5,900,000.
Mission: The Open World Leadership Center (OWLC) is
applauded on its twentieth year of operation. The highlight of
OWLC's accomplishments has been the engagement of program
participants with United States Government officials, including
Members of Congress, which helps to improve the image of the
United States in countries where leaders have limited direct
interface with Americans and our values.
Open World should continue to support Congress in fostering
relationships with select foreign states in its programs as an
adjunct to United States diplomatic relations, and to gain
greater understanding between our nations. Such a course of
action would be in line with a national strategy to compete for
influence in Central and Eastern Europe as well as Central
Asian countries, given the current multi-polar world that
presents both challenges and opportunities.
JOHN C. STENNIS CENTER FOR PUBLIC SERVICE TRAINING AND DEVELOPMENT
The agreement includes $430,000.
TITLE II--GENERAL PROVISIONS
The agreement continues provisions related to maintenance
and care of private vehicles; fiscal year limitations; rates of
compensation and designation; consulting services; costs of the
LBFMC; limitation on transfers; guided tours of the Capitol;
limitation on telecommunications equipment procurement;
prohibition on certain operational expenses; plastic waste
reduction; adjustments to normal cost percentage rates; and
congressional staff compensation.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
=======================================================================
[House Appropriations Committee Print]
Consolidated Appropriations Act, 2020
(H.R. 1865; P.L. 116-94)
DIVISION F--MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2020
=======================================================================
DIVISION F--MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2020
TITLE I
DEPARTMENT OF DEFENSE
Military Construction, Army
For acquisition, construction, installation, and equipment of
temporary or permanent public works, military installations,
facilities, and real property for the Army as currently
authorized by law, including personnel in the Army Corps of
Engineers and other personal services necessary for the
purposes of this appropriation, and for construction and
operation of facilities in support of the functions of the
Commander in Chief, $1,178,499,000, to remain available until
September 30, 2024: Provided, That, of this amount, not to
exceed $136,099,000 shall be available for study, planning,
design, architect and engineer services, and host nation
support, as authorized by law, unless the Secretary of the Army
determines that additional obligations are necessary for such
purposes and notifies the Committees on Appropriations of both
Houses of Congress of the determination and the reasons
therefor.
Military Construction, Navy and Marine Corps
For acquisition, construction, installation, and equipment of
temporary or permanent public works, naval installations,
facilities, and real property for the Navy and Marine Corps as
currently authorized by law, including personnel in the Naval
Facilities Engineering Command and other personal services
necessary for the purposes of this appropriation,
$2,449,632,000, to remain available until September 30, 2024:
Provided, That, of this amount, not to exceed $178,715,000
shall be available for study, planning, design, and architect
and engineer services, as authorized by law, unless the
Secretary of the Navy determines that additional obligations
are necessary for such purposes and notifies the Committees on
Appropriations of both Houses of Congress of the determination
and the reasons therefor.
Military Construction, Air Force
For acquisition, construction, installation, and equipment of
temporary or permanent public works, military installations,
facilities, and real property for the Air Force as currently
authorized by law, $1,687,230,000, to remain available until
September 30, 2024: Provided, That, of this amount, not to
exceed $153,148,000 shall be available for study, planning,
design, and architect and engineer services, as authorized by
law, unless the Secretary of the Air Force determines that
additional obligations are necessary for such purposes and
notifies the Committees on Appropriations of both Houses of
Congress of the determination and the reasons therefor.
Military Construction, Defense-Wide
(including transfer of funds)
For acquisition, construction, installation, and equipment of
temporary or permanent public works, installations, facilities,
and real property for activities and agencies of the Department
of Defense (other than the military departments), as currently
authorized by law, $2,362,529,000, to remain available until
September 30, 2024: Provided, That such amounts of this
appropriation as may be determined by the Secretary of Defense
may be transferred to such appropriations of the Department of
Defense available for military construction or family housing
as the Secretary may designate, to be merged with and to be
available for the same purposes, and for the same time period,
as the appropriation or fund to which transferred: Provided
further, That, of the amount, not to exceed $298,655,000 shall
be available for study, planning, design, and architect and
engineer services, as authorized by law, unless the Secretary
of Defense determines that additional obligations are necessary
for such purposes and notifies the Committees on Appropriations
of both Houses of Congress of the determination and the reasons
therefor.
Military Construction, Army National Guard
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of
the Army National Guard, and contributions therefor, as
authorized by chapter 1803 of title 10, United States Code, and
Military Construction Authorization Acts, $210,819,000, to
remain available until September 30, 2024: Provided, That, of
the amount, not to exceed $20,469,000 shall be available for
study, planning, design, and architect and engineer services,
as authorized by law, unless the Director of the Army National
Guard determines that additional obligations are necessary for
such purposes and notifies the Committees on Appropriations of
both Houses of Congress of the determination and the reasons
therefor.
Military Construction, Air National Guard
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of
the Air National Guard, and contributions therefor, as
authorized by chapter 1803 of title 10, United States Code, and
Military Construction Authorization Acts, $164,471,000, to
remain available until September 30, 2024: Provided, That, of
the amount, not to exceed $17,000,000 shall be available for
study, planning, design, and architect and engineer services,
as authorized by law, unless the Director of the Air National
Guard determines that additional obligations are necessary for
such purposes and notifies the Committees on Appropriations of
both Houses of Congress of the determination and the reasons
therefor.
Military Construction, Army Reserve
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of
the Army Reserve as authorized by chapter 1803 of title 10,
United States Code, and Military Construction Authorization
Acts, $60,928,000, to remain available until September 30,
2024: Provided, That, of the amount, not to exceed $6,000,000
shall be available for study, planning, design, and architect
and engineer services, as authorized by law, unless the Chief
of the Army Reserve determines that additional obligations are
necessary for such purposes and notifies the Committees on
Appropriations of both Houses of Congress of the determination
and the reasons therefor.
Military Construction, Navy Reserve
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of
the reserve components of the Navy and Marine Corps as
authorized by chapter 1803 of title 10, United States Code, and
Military Construction Authorization Acts, $54,955,000, to
remain available until September 30, 2024: Provided, That, of
the amount, not to exceed $4,780,000 shall be available for
study, planning, design, and architect and engineer services,
as authorized by law, unless the Secretary of the Navy
determines that additional obligations are necessary for such
purposes and notifies the Committees on Appropriations of both
Houses of Congress of the determination and the reasons
therefor.
Military Construction, Air Force Reserve
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of
the Air Force Reserve as authorized by chapter 1803 of title
10, United States Code, and Military Construction Authorization
Acts, $59,750,000, to remain available until September 30,
2024: Provided, That, of the amount, not to exceed $4,604,000
shall be available for study, planning, design, and architect
and engineer services, as authorized by law, unless the Chief
of the Air Force Reserve determines that additional obligations
are necessary for such purposes and notifies the Committees on
Appropriations of both Houses of Congress of the determination
and the reasons therefor.
North Atlantic Treaty Organization
Security Investment Program
For the United States share of the cost of the North Atlantic
Treaty Organization Security Investment Program for the
acquisition and construction of military facilities and
installations (including international military headquarters)
and for related expenses for the collective defense of the
North Atlantic Treaty Area as authorized by section 2806 of
title 10, United States Code, and Military Construction
Authorization Acts, $172,005,000, to remain available until
expended.
Department of Defense Base Closure Account
For deposit into the Department of Defense Base Closure
Account, established by section 2906(a) of the Defense Base
Closure and Realignment Act of 1990 (10 U.S.C. 2687 note),
$398,526,000, to remain available until expended.
Family Housing Construction, Army
For expenses of family housing for the Army for construction,
including acquisition, replacement, addition, expansion,
extension, and alteration, as authorized by law, $141,372,000,
to remain available until September 30, 2024.
Family Housing Operation and Maintenance, Army
For expenses of family housing for the Army for operation and
maintenance, including debt payment, leasing, minor
construction, principal and interest charges, and insurance
premiums, as authorized by law, $357,907,000.
Family Housing Construction, Navy and Marine Corps
For expenses of family housing for the Navy and Marine Corps
for construction, including acquisition, replacement, addition,
expansion, extension, and alteration, as authorized by law,
$47,661,000, to remain available until September 30, 2024.
Family Housing Operation and Maintenance, Navy and Marine Corps
For expenses of family housing for the Navy and Marine Corps
for operation and maintenance, including debt payment, leasing,
minor construction, principal and interest charges, and
insurance premiums, as authorized by law, $317,870,000.
Family Housing Construction, Air Force
For expenses of family housing for the Air Force for
construction, including acquisition, replacement, addition,
expansion, extension, and alteration, as authorized by law,
$103,631,000, to remain available until September 30, 2024.
Family Housing Operation and Maintenance, Air Force
For expenses of family housing for the Air Force for
operation and maintenance, including debt payment, leasing,
minor construction, principal and interest charges, and
insurance premiums, as authorized by law, $295,016,000.
Family Housing Operation and Maintenance, Defense-Wide
For expenses of family housing for the activities and
agencies of the Department of Defense (other than the military
departments) for operation and maintenance, leasing, and minor
construction, as authorized by law, $57,000,000.
Department of Defense
Family Housing Improvement Fund
For the Department of Defense Family Housing Improvement
Fund, $3,045,000, to remain available until expended, for
family housing initiatives undertaken pursuant to section 2883
of title 10, United States Code, providing alternative means of
acquiring and improving military family housing and supporting
facilities.
Department of Defense
Military Unaccompanied Housing Improvement Fund
For the Department of Defense Military Unaccompanied Housing
Improvement Fund, $500,000, to remain available until expended,
for unaccompanied housing initiatives undertaken pursuant to
section 2883 of title 10, United States Code, providing
alternative means of acquiring and improving military
unaccompanied housing and supporting facilities.
Administrative Provisions
Sec. 101. None of the funds made available in this title
shall be expended for payments under a cost-plus-a-fixed-fee
contract for construction, where cost estimates exceed $25,000,
to be performed within the United States, except Alaska,
without the specific approval in writing of the Secretary of
Defense setting forth the reasons therefor.
Sec. 102. Funds made available in this title for
construction shall be available for hire of passenger motor
vehicles.
Sec. 103. Funds made available in this title for
construction may be used for advances to the Federal Highway
Administration, Department of Transportation, for the
construction of access roads as authorized by section 210 of
title 23, United States Code, when projects authorized therein
are certified as important to the national defense by the
Secretary of Defense.
Sec. 104. None of the funds made available in this title may
be used to begin construction of new bases in the United States
for which specific appropriations have not been made.
Sec. 105. None of the funds made available in this title
shall be used for purchase of land or land easements in excess
of 100 percent of the value as determined by the Army Corps of
Engineers or the Naval Facilities Engineering Command, except:
(1) where there is a determination of value by a Federal court;
(2) purchases negotiated by the Attorney General or the
designee of the Attorney General; (3) where the estimated value
is less than $25,000; or (4) as otherwise determined by the
Secretary of Defense to be in the public interest.
Sec. 106. None of the funds made available in this title
shall be used to: (1) acquire land; (2) provide for site
preparation; or (3) install utilities for any family housing,
except housing for which funds have been made available in
annual Acts making appropriations for military construction.
Sec. 107. None of the funds made available in this title for
minor construction may be used to transfer or relocate any
activity from one base or installation to another, without
prior notification to the Committees on Appropriations of both
Houses of Congress.
Sec. 108. None of the funds made available in this title may
be used for the procurement of steel for any construction
project or activity for which American steel producers,
fabricators, and manufacturers have been denied the opportunity
to compete for such steel procurement.
Sec. 109. None of the funds available to the Department of
Defense for military construction or family housing during the
current fiscal year may be used to pay real property taxes in
any foreign nation.
Sec. 110. None of the funds made available in this title may
be used to initiate a new installation overseas without prior
notification to the Committees on Appropriations of both Houses
of Congress.
Sec. 111. None of the funds made available in this title may
be obligated for architect and engineer contracts estimated by
the Government to exceed $500,000 for projects to be
accomplished in Japan, in any North Atlantic Treaty
Organization member country, or in countries bordering the
Arabian Gulf, unless such contracts are awarded to United
States firms or United States firms in joint venture with host
nation firms.
Sec. 112. None of the funds made available in this title for
military construction in the United States territories and
possessions in the Pacific and on Kwajalein Atoll, or in
countries bordering the Arabian Gulf, may be used to award any
contract estimated by the Government to exceed $1,000,000 to a
foreign contractor: Provided, That this section shall not be
applicable to contract awards for which the lowest responsive
and responsible bid of a United States contractor exceeds the
lowest responsive and responsible bid of a foreign contractor
by greater than 20 percent: Provided further, That this
section shall not apply to contract awards for military
construction on Kwajalein Atoll for which the lowest responsive
and responsible bid is submitted by a Marshallese contractor.
Sec. 113. The Secretary of Defense shall inform the
appropriate committees of both Houses of Congress, including
the Committees on Appropriations, of plans and scope of any
proposed military exercise involving United States personnel 30
days prior to its occurring, if amounts expended for
construction, either temporary or permanent, are anticipated to
exceed $100,000.
Sec. 114. Funds appropriated to the Department of Defense
for construction in prior years shall be available for
construction authorized for each such military department by
the authorizations enacted into law during the current session
of Congress.
Sec. 115. For military construction or family housing
projects that are being completed with funds otherwise expired
or lapsed for obligation, expired or lapsed funds may be used
to pay the cost of associated supervision, inspection,
overhead, engineering and design on those projects and on
subsequent claims, if any.
Sec. 116. Notwithstanding any other provision of law, any
funds made available to a military department or defense agency
for the construction of military projects may be obligated for
a military construction project or contract, or for any portion
of such a project or contract, at any time before the end of
the fourth fiscal year after the fiscal year for which funds
for such project were made available, if the funds obligated
for such project: (1) are obligated from funds available for
military construction projects; and (2) do not exceed the
amount appropriated for such project, plus any amount by which
the cost of such project is increased pursuant to law.
(including transfer of funds)
Sec. 117. Subject to 30 days prior notification, or 14 days
for a notification provided in an electronic medium pursuant to
sections 480 and 2883 of title 10, United States Code, to the
Committees on Appropriations of both Houses of Congress, such
additional amounts as may be determined by the Secretary of
Defense may be transferred to: (1) the Department of Defense
Family Housing Improvement Fund from amounts appropriated for
construction in ``Family Housing'' accounts, to be merged with
and to be available for the same purposes and for the same
period of time as amounts appropriated directly to the Fund; or
(2) the Department of Defense Military Unaccompanied Housing
Improvement Fund from amounts appropriated for construction of
military unaccompanied housing in ``Military Construction''
accounts, to be merged with and to be available for the same
purposes and for the same period of time as amounts
appropriated directly to the Fund: Provided, That
appropriations made available to the Funds shall be available
to cover the costs, as defined in section 502(5) of the
Congressional Budget Act of 1974, of direct loans or loan
guarantees issued by the Department of Defense pursuant to the
provisions of subchapter IV of chapter 169 of title 10, United
States Code, pertaining to alternative means of acquiring and
improving military family housing, military unaccompanied
housing, and supporting facilities.
(including transfer of funds)
Sec. 118. In addition to any other transfer authority
available to the Department of Defense, amounts may be
transferred from the Department of Defense Base Closure Account
to the fund established by section 1013(d) of the Demonstration
Cities and Metropolitan Development Act of 1966 (42 U.S.C.
3374) to pay for expenses associated with the Homeowners
Assistance Program incurred under 42 U.S.C. 3374(a)(1)(A). Any
amounts transferred shall be merged with and be available for
the same purposes and for the same time period as the fund to
which transferred.
Sec. 119. Notwithstanding any other provision of law, funds
made available in this title for operation and maintenance of
family housing shall be the exclusive source of funds for
repair and maintenance of all family housing units, including
general or flag officer quarters: Provided, That not more than
$35,000 per unit may be spent annually for the maintenance and
repair of any general or flag officer quarters without 30 days
prior notification, or 14 days for a notification provided in
an electronic medium pursuant to sections 480 and 2883 of title
10, United States Code, to the Committees on Appropriations of
both Houses of Congress, except that an after-the-fact
notification shall be submitted if the limitation is exceeded
solely due to costs associated with environmental remediation
that could not be reasonably anticipated at the time of the
budget submission: Provided further, That the Under Secretary
of Defense (Comptroller) is to report annually to the
Committees on Appropriations of both Houses of Congress all
operation and maintenance expenditures for each individual
general or flag officer quarters for the prior fiscal year.
Sec. 120. Amounts contained in the Ford Island Improvement
Account established by subsection (h) of section 2814 of title
10, United States Code, are appropriated and shall be available
until expended for the purposes specified in subsection (i)(1)
of such section or until transferred pursuant to subsection
(i)(3) of such section.
(including transfer of funds)
Sec. 121. During the 5-year period after appropriations
available in this Act to the Department of Defense for military
construction and family housing operation and maintenance and
construction have expired for obligation, upon a determination
that such appropriations will not be necessary for the
liquidation of obligations or for making authorized adjustments
to such appropriations for obligations incurred during the
period of availability of such appropriations, unobligated
balances of such appropriations may be transferred into the
appropriation ``Foreign Currency Fluctuations, Construction,
Defense'', to be merged with and to be available for the same
time period and for the same purposes as the appropriation to
which transferred.
(including transfer of funds)
Sec. 122. Amounts appropriated or otherwise made available
in an account funded under the headings in this title may be
transferred among projects and activities within the account in
accordance with the reprogramming guidelines for military
construction and family housing construction contained in
Department of Defense Financial Management Regulation 7000.14-
R, Volume 3, Chapter 7, of March 2011, as in effect on the date
of enactment of this Act.
Sec. 123. None of the funds made available in this title may
be obligated or expended for planning and design and
construction of projects at Arlington National Cemetery.
Sec. 124. For an additional amount for the accounts and in
the amounts specified, to remain available until September 30,
2024:
``Military Construction, Army'', $79,500,000;
``Military Construction, Navy and Marine Corps'',
$374,529,000;
``Military Construction, Air Force'', $288,200,000;
``Military Construction, Army National Guard'',
$155,000,000;
``Military Construction, Air National Guard'',
$57,000,000;
``Military Construction, Air Force Reserve'',
$24,800,000; and
``Military Construction, Defense-Wide'', $66,880,000:
Provided, That such funds may only be obligated to carry out
construction projects identified in the respective military
department's unfunded priority list for fiscal year 2020
submitted to Congress: Provided further, That such projects
are subject to authorization prior to obligation and
expenditure of funds to carry out construction: Provided
further, That not later than 30 days after enactment of this
Act, the Secretary of the military department concerned, or his
or her designee, shall submit to the Committees on
Appropriations of both Houses of Congress an expenditure plan
for funds provided under this section.
(rescissions of funds)
Sec. 125. Of the unobligated balances available to the
Department of Defense from prior appropriation Acts, the
following funds are hereby rescinded from the following
accounts in the amounts specified:
``Military Construction, Defense-Wide'', $45,055,000;
and
``NATO Security Investment Program'', $25,000,000:
Provided, That no amounts may be rescinded from amounts that
were designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism or as an emergency
requirement pursuant to a concurrent resolution on the budget
or the Balanced Budget and Emergency Deficit Control Act of
1985, as amended.
Sec. 126. For the purposes of this Act, the term
``congressional defense committees'' means the Committees on
Armed Services of the House of Representatives and the Senate,
the Subcommittee on Military Construction and Veterans Affairs
of the Committee on Appropriations of the Senate, and the
Subcommittee on Military Construction and Veterans Affairs of
the Committee on Appropriations of the House of
Representatives.
Sec. 127. None of the funds made available by this Act may
be used to carry out the closure or realignment of the United
States Naval Station, Guantanamo Bay, Cuba.
Sec. 128. Notwithstanding any other provision of law, none
of the funds appropriated or otherwise made available by this
or any other Act may be used to consolidate or relocate any
element of a United States Air Force Rapid Engineer Deployable
Heavy Operational Repair Squadron Engineer (RED HORSE) outside
of the United States until the Secretary of the Air Force: (1)
completes an analysis and comparison of the cost and
infrastructure investment required to consolidate or relocate a
RED HORSE squadron outside of the United States versus within
the United States; (2) provides to the Committees on
Appropriations of both Houses of Congress (``the Committees'')
a report detailing the findings of the cost analysis; and (3)
certifies in writing to the Committees that the preferred site
for the consolidation or relocation yields the greatest savings
for the Air Force: Provided, That the term ``United States''
in this section does not include any territory or possession of
the United States.
Sec. 129. All amounts appropriated to the ``Department of
Defense--Military Construction, Army'', ``Department of
Defense--Military Construction, Navy and Marine Corps'',
``Department of Defense--Military Construction, Air Force'',
and ``Department of Defense--Military Construction, Defense-
Wide'' accounts pursuant to the authorization of appropriations
in a National Defense Authorization Act specified for fiscal
year 2020 in the funding table in section 4601 of that Act
shall be immediately available and allotted to contract for the
full scope of authorized projects.
Sec. 130. For an additional amount for the accounts and in
the amounts specified for planning and design, for improving
military installation resilience, to remain available until
September 30, 2024:
``Military Construction, Army'', $20,000,000;
``Military Construction, Navy and Marine Corps'',
$35,000,000; and
``Military Construction, Air Force'', $20,000,000:
Provided, That not later than 60 days after enactment of this
Act, the Secretary of the military department concerned, or his
or her designee, shall submit to the Committees on
Appropriations of both Houses of Congress an expenditure plan
for funds provided under this section: Provided further, That
the Secretary of the military department concerned may not
obligate or expend any funds prior to approval by the
Committees on Appropriations of both Houses of Congress of the
expenditure plan required by this section.
Sec. 131. For an additional amount for the accounts and in
the amounts specified, to remain available until September 30,
2021:
``Family Housing Operation and Maintenance, Army'',
$50,000,000;
``Family Housing Operation and Maintenance, Navy and
Marine Corps'', $59,600,000; and
``Family Housing Operation and Maintenance, Air
Force'', $31,200,000.
TITLE II
DEPARTMENT OF VETERANS AFFAIRS
Veterans Benefits Administration
compensation and pensions
(including transfer of funds)
For the payment of compensation benefits to or on behalf of
veterans and a pilot program for disability examinations as
authorized by section 107 and chapters 11, 13, 18, 51, 53, 55,
and 61 of title 38, United States Code; pension benefits to or
on behalf of veterans as authorized by chapters 15, 51, 53, 55,
and 61 of title 38, United States Code; and burial benefits,
the Reinstated Entitlement Program for Survivors, emergency and
other officers' retirement pay, adjusted-service credits and
certificates, payment of premiums due on commercial life
insurance policies guaranteed under the provisions of title IV
of the Servicemembers Civil Relief Act (50 U.S.C. App. 541 et
seq.) and for other benefits as authorized by sections 107,
1312, 1977, and 2106, and chapters 23, 51, 53, 55, and 61 of
title 38, United States Code, $1,439,931,000, which shall be in
addition to funds previously appropriated under this heading
that became available on October 1, 2019; and, $118,246,975,000
shall become available on October 1, 2020: Provided, That not
to exceed $18,147,000 of the amount made available for fiscal
year 2021 under this heading shall be reimbursed to ``General
Operating Expenses, Veterans Benefits Administration'', and
``Information Technology Systems'' for necessary expenses in
implementing the provisions of chapters 51, 53, and 55 of title
38, United States Code, the funding source for which is
specifically provided as the ``Compensation and Pensions''
appropriation: Provided further, That such sums as may be
earned on an actual qualifying patient basis, shall be
reimbursed to ``Medical Care Collections Fund'' to augment the
funding of individual medical facilities for nursing home care
provided to pensioners as authorized.
readjustment benefits
For the payment of readjustment and rehabilitation benefits
to or on behalf of veterans as authorized by chapters 21, 30,
31, 33, 34, 35, 36, 39, 41, 51, 53, 55, and 61 of title 38,
United States Code, $12,578,965,000, to remain available until
expended and to become available on October 1, 2020: Provided,
That expenses for rehabilitation program services and
assistance which the Secretary is authorized to provide under
subsection (a) of section 3104 of title 38, United States Code,
other than under paragraphs (1), (2), (5), and (11) of that
subsection, shall be charged to this account.
veterans insurance and indemnities
For military and naval insurance, national service life
insurance, servicemen's indemnities, service-disabled veterans
insurance, and veterans mortgage life insurance as authorized
by chapters 19 and 21 of title 38, United States Code,
$17,620,000, which shall be in addition to funds previously
appropriated under this heading that became available on
October 1, 2019, to remain available until expended; and, in
addition, $129,224,000, shall become available on October 1,
2020, and shall remain available until expended.
veterans housing benefit program fund
For the cost of direct and guaranteed loans, such sums as may
be necessary to carry out the program, as authorized by
subchapters I through III of chapter 37 of title 38, United
States Code: Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That,
during fiscal year 2020, within the resources available, not to
exceed $500,000 in gross obligations for direct loans are
authorized for specially adapted housing loans.
In addition, for administrative expenses to carry out the
direct and guaranteed loan programs, $200,377,391.
vocational rehabilitation loans program account
For the cost of direct loans, $57,729, as authorized by
chapter 31 of title 38, United States Code: Provided, That
such costs, including the cost of modifying such loans, shall
be as defined in section 502 of the Congressional Budget Act of
1974: Provided further, That funds made available under this
heading are available to subsidize gross obligations for the
principal amount of direct loans not to exceed $2,008,232.
In addition, for administrative expenses necessary to carry
out the direct loan program, $401,880, which may be paid to the
appropriation for ``General Operating Expenses, Veterans
Benefits Administration''.
native american veteran housing loan program account
For administrative expenses to carry out the direct loan
program authorized by subchapter V of chapter 37 of title 38,
United States Code, $1,186,000.
general operating expenses, veterans benefits administration
For necessary operating expenses of the Veterans Benefits
Administration, not otherwise provided for, including hire of
passenger motor vehicles, reimbursement of the General Services
Administration for security guard services, and reimbursement
of the Department of Defense for the cost of overseas employee
mail, $3,125,000,000: Provided, That expenses for services and
assistance authorized under paragraphs (1), (2), (5), and (11)
of section 3104(a) of title 38, United States Code, that the
Secretary of Veterans Affairs determines are necessary to
enable entitled veterans: (1) to the maximum extent feasible,
to become employable and to obtain and maintain suitable
employment; or (2) to achieve maximum independence in daily
living, shall be charged to this account: Provided further,
That, of the funds made available under this heading, not to
exceed 10 percent shall remain available until September 30,
2021.
Veterans Health Administration
medical services
For necessary expenses for furnishing, as authorized by law,
inpatient and outpatient care and treatment to beneficiaries of
the Department of Veterans Affairs and veterans described in
section 1705(a) of title 38, United States Code, including care
and treatment in facilities not under the jurisdiction of the
Department, and including medical supplies and equipment,
bioengineering services, food services, and salaries and
expenses of healthcare employees hired under title 38, United
States Code, assistance and support services for caregivers as
authorized by section 1720G of title 38, United States Code,
loan repayments authorized by section 604 of the Caregivers and
Veterans Omnibus Health Services Act of 2010 (Public Law 111-
163; 124 Stat. 1174; 38 U.S.C. 7681 note), monthly assistance
allowances authorized by section 322(d) of title 38, United
States Code, grants authorized by section 521A of title 38,
United States Code, and administrative expenses necessary to
carry out sections 322(d) and 521A of title 38, United States
Code, and hospital care and medical services authorized by
section 1787 of title 38, United States Code; $56,158,015,000,
plus reimbursements, shall become available on October 1, 2020,
and shall remain available until September 30, 2021: Provided,
That, of the amount made available on October 1, 2020, under
this heading, $1,500,000,000 shall remain available until
September 30, 2022: Provided further, That, notwithstanding
any other provision of law, the Secretary of Veterans Affairs
shall establish a priority for the provision of medical
treatment for veterans who have service-connected disabilities,
lower income, or have special needs: Provided further, That,
notwithstanding any other provision of law, the Secretary of
Veterans Affairs shall give priority funding for the provision
of basic medical benefits to veterans in enrollment priority
groups 1 through 6: Provided further, That, notwithstanding
any other provision of law, the Secretary of Veterans Affairs
may authorize the dispensing of prescription drugs from
Veterans Health Administration facilities to enrolled veterans
with privately written prescriptions based on requirements
established by the Secretary: Provided further, That the
implementation of the program described in the previous proviso
shall incur no additional cost to the Department of Veterans
Affairs: Provided further, That the Secretary of Veterans
Affairs shall ensure that sufficient amounts appropriated under
this heading for medical supplies and equipment are available
for the acquisition of prosthetics designed specifically for
female veterans: Provided further, That of the amount that
became available on October 1, 2019, under this heading, not
less than $585,000,000 shall be for gender-specific care for
women.
medical community care
For necessary expenses for furnishing health care to
individuals pursuant to chapter 17 of title 38, United States
Code, at non-Department facilities, $4,521,400,000, which shall
be in addition to funds previously appropriated under this
heading that became available on October 1, 2019; and, in
addition, $17,131,179,000, plus reimbursements, shall become
available on October 1, 2020, and shall remain available until
September 30, 2021: Provided, That, of the amount made
available on October 1, 2020, under this heading,
$2,000,000,000 shall remain available until September 30, 2022:
Provided further, That $615,000,000 of the additional amounts
provided for fiscal year 2020 under this heading in this Act
shall be derived by transfer from the Veterans Choice Fund
pursuant to the authority in section 802(c)(4) of the Veterans
Access, Choice, and Accountability Act of 2014, as amended (38
U.S.C. 1701 note), from prior year unobligated balances in that
Fund that were provided by section 510 of the VA MISSION Act of
2018 (Public Law 115-182).
medical support and compliance
For necessary expenses in the administration of the medical,
hospital, nursing home, domiciliary, construction, supply, and
research activities, as authorized by law; administrative
expenses in support of capital policy activities; and
administrative and legal expenses of the Department for
collecting and recovering amounts owed the Department as
authorized under chapter 17 of title 38, United States Code,
and the Federal Medical Care Recovery Act (42 U.S.C. 2651 et
seq.), $98,800,000 which shall be in addition to funds
previously appropriated under this heading that became
available on October 1, 2019; and, in addition, $7,914,191,000,
plus reimbursements, shall become available on October 1, 2020,
and shall remain available until September 30, 2021: Provided,
That, of the amount made available on October 1, 2020, under
this heading, $150,000,000 shall remain available until
September 30, 2022.
medical facilities
For necessary expenses for the maintenance and operation of
hospitals, nursing homes, domiciliary facilities, and other
necessary facilities of the Veterans Health Administration; for
administrative expenses in support of planning, design, project
management, real property acquisition and disposition,
construction, and renovation of any facility under the
jurisdiction or for the use of the Department; for oversight,
engineering, and architectural activities not charged to
project costs; for repairing, altering, improving, or providing
facilities in the several hospitals and homes under the
jurisdiction of the Department, not otherwise provided for,
either by contract or by the hire of temporary employees and
purchase of materials; for leases of facilities; and for
laundry services; $6,433,265,000, plus reimbursements, shall
become available on October 1, 2020, and shall remain available
until September 30, 2021: Provided, That, of the amount made
available on October 1, 2020, under this heading, $250,000,000
shall remain available until September 30, 2022.
medical and prosthetic research
For necessary expenses in carrying out programs of medical
and prosthetic research and development as authorized by
chapter 73 of title 38, United States Code, $800,000,000, plus
reimbursements, shall remain available until September 30,
2021: Provided, That the Secretary of Veterans Affairs shall
ensure that sufficient amounts appropriated under this heading
are available for prosthetic research specifically for female
veterans, and for toxic exposure research.
National Cemetery Administration
For necessary expenses of the National Cemetery
Administration for operations and maintenance, not otherwise
provided for, including uniforms or allowances therefor;
cemeterial expenses as authorized by law; purchase of one
passenger motor vehicle for use in cemeterial operations; hire
of passenger motor vehicles; and repair, alteration or
improvement of facilities under the jurisdiction of the
National Cemetery Administration, $329,000,000, of which not to
exceed 10 percent shall remain available until September 30,
2021.
Departmental Administration
general administration
(including transfer of funds)
For necessary operating expenses of the Department of
Veterans Affairs, not otherwise provided for, including
administrative expenses in support of Department-wide capital
planning, management and policy activities, uniforms, or
allowances therefor; not to exceed $25,000 for official
reception and representation expenses; hire of passenger motor
vehicles; and reimbursement of the General Services
Administration for security guard services, $355,911,000, of
which not to exceed 10 percent shall remain available until
September 30, 2021: Provided, That funds provided under this
heading may be transferred to ``General Operating Expenses,
Veterans Benefits Administration''.
board of veterans appeals
For necessary operating expenses of the Board of Veterans
Appeals, $182,000,000, of which not to exceed 10 percent shall
remain available until September 30, 2021.
information technology systems
(including transfer of funds)
For necessary expenses for information technology systems and
telecommunications support, including developmental information
systems and operational information systems; for pay and
associated costs; and for the capital asset acquisition of
information technology systems, including management and
related contractual costs of said acquisitions, including
contractual costs associated with operations authorized by
section 3109 of title 5, United States Code, $4,371,615,000,
plus reimbursements: Provided, That $1,204,238,000 shall be
for pay and associated costs, of which not to exceed 3 percent
shall remain available until September 30, 2021: Provided
further, That $2,739,597,000 shall be for operations and
maintenance, of which not to exceed 5 percent shall remain
available until September 30, 2021: Provided further, That
$427,780,000 shall be for information technology systems
development, and shall remain available until September 30,
2021: Provided further, That amounts made available for
salaries and expenses, operations and maintenance, and
information technology systems development may be transferred
among the three subaccounts after the Secretary of Veterans
Affairs requests from the Committees on Appropriations of both
Houses of Congress the authority to make the transfer and an
approval is issued: Provided further, That amounts made
available for the ``Information Technology Systems'' account
for development may be transferred among projects or to newly
defined projects: Provided further, That no project may be
increased or decreased by more than $1,000,000 of cost prior to
submitting a request to the Committees on Appropriations of
both Houses of Congress to make the transfer and an approval is
issued, or absent a response, a period of 30 days has elapsed:
Provided further, That the funds made available under this
heading for information technology systems development shall be
for the projects, and in the amounts, specified under this
heading in the explanatory statement described in section 4 (in
the matter preceding division A of this consolidated Act).
veterans electronic health record
For activities related to implementation, preparation,
development, interface, management, rollout, and maintenance of
a Veterans Electronic Health Record system, including
contractual costs associated with operations authorized by
section 3109 of title 5, United States Code, and salaries and
expenses of employees hired under titles 5 and 38, United
States Code, $1,500,000,000, to remain available until
September 30, 2022: Provided, That the Secretary of Veterans
Affairs shall submit to the Committees on Appropriations of
both Houses of Congress quarterly reports detailing
obligations, expenditures, and deployment implementation by
facility: Provided further, That the funds provided in this
account shall only be available to the Office of the Deputy
Secretary, to be administered by that Office: Provided
further, That none of the funds made available under this
heading may be obligated in a manner inconsistent with
deployment schedules provided to the Committees on
Appropriations unless the Secretary of Veterans Affairs
provides notification to the Committees on Appropriations of
such change and an approval is issued.
office of inspector general
For necessary expenses of the Office of Inspector General, to
include information technology, in carrying out the provisions
of the Inspector General Act of 1978 (5 U.S.C. App.),
$210,000,000, of which not to exceed 10 percent shall remain
available until September 30, 2021.
construction, major projects
For constructing, altering, extending, and improving any of
the facilities, including parking projects, under the
jurisdiction or for the use of the Department of Veterans
Affairs, or for any of the purposes set forth in sections 316,
2404, 2406 and chapter 81 of title 38, United States Code, not
otherwise provided for, including planning, architectural and
engineering services, construction management services,
maintenance or guarantee period services costs associated with
equipment guarantees provided under the project, services of
claims analysts, offsite utility and storm drainage system
construction costs, and site acquisition, where the estimated
cost of a project is more than the amount set forth in section
8104(a)(3)(A) of title 38, United States Code, or where funds
for a project were made available in a previous major project
appropriation, $1,235,200,000, of which $1,036,600,000 shall
remain available until September 30, 2024, and of which
$198,600,000 shall remain available until expended, of which
$35,000,000 shall be available for seismic improvement projects
and seismic program management activities, including for
projects that would otherwise be funded by the Construction,
Minor Projects, Medical Facilities or National Cemetery
Administration accounts: Provided, That except for advance
planning activities, including needs assessments which may or
may not lead to capital investments, and other capital asset
management related activities, including portfolio development
and management activities, and investment strategy studies
funded through the advance planning fund and the planning and
design activities funded through the design fund, including
needs assessments which may or may not lead to capital
investments, and funds provided for the purchase, security, and
maintenance of land for the National Cemetery Administration
through the land acquisition line item, none of the funds made
available under this heading shall be used for any project that
has not been notified to Congress through the budgetary process
or that has not been approved by the Congress through statute,
joint resolution, or in the explanatory statement accompanying
such Act and presented to the President at the time of
enrollment: Provided further, That such sums as may be
necessary shall be available to reimburse the ``General
Administration'' account for payment of salaries and expenses
of all Office of Construction and Facilities Management
employees to support the full range of capital infrastructure
services provided, including minor construction and leasing
services: Provided further, That funds made available under
this heading for fiscal year 2020, for each approved project
shall be obligated: (1) by the awarding of a construction
documents contract by September 30, 2020; and (2) by the
awarding of a construction contract by September 30, 2021:
Provided further, That the Secretary of Veterans Affairs shall
promptly submit to the Committees on Appropriations of both
Houses of Congress a written report on any approved major
construction project for which obligations are not incurred
within the time limitations established above: Provided
further, That notwithstanding the requirements of section
8104(a) of title 38, United States Code, amounts made available
under this heading for seismic improvement projects and seismic
program management activities shall be available for the
completion of both new and existing seismic projects of the
Department.
construction, minor projects
For constructing, altering, extending, and improving any of
the facilities, including parking projects, under the
jurisdiction or for the use of the Department of Veterans
Affairs, including planning and assessments of needs which may
lead to capital investments, architectural and engineering
services, maintenance or guarantee period services costs
associated with equipment guarantees provided under the
project, services of claims analysts, offsite utility and storm
drainage system construction costs, and site acquisition, or
for any of the purposes set forth in sections 316, 2404, 2406
and chapter 81 of title 38, United States Code, not otherwise
provided for, where the estimated cost of a project is equal to
or less than the amount set forth in section 8104(a)(3)(A) of
title 38, United States Code, $398,800,000, to remain available
until September 30, 2024, along with unobligated balances of
previous ``Construction, Minor Projects'' appropriations which
are hereby made available for any project where the estimated
cost is equal to or less than the amount set forth in such
section: Provided, That funds made available under this
heading shall be for: (1) repairs to any of the nonmedical
facilities under the jurisdiction or for the use of the
Department which are necessary because of loss or damage caused
by any natural disaster or catastrophe; and (2) temporary
measures necessary to prevent or to minimize further loss by
such causes.
grants for construction of
state extended care facilities
For grants to assist States to acquire or construct State
nursing home and domiciliary facilities and to remodel, modify,
or alter existing hospital, nursing home, and domiciliary
facilities in State homes, for furnishing care to veterans as
authorized by sections 8131 through 8137 of title 38, United
States Code, $90,000,000, to remain available until expended.
grants for construction of veterans cemeteries
For grants to assist States and tribal organizations in
establishing, expanding, or improving veterans cemeteries as
authorized by section 2408 of title 38, United States Code,
$45,000,000, to remain available until expended.
Administrative Provisions
(including transfer of funds)
Sec. 201. Any appropriation for fiscal year 2020 for
``Compensation and Pensions'', ``Readjustment Benefits'', and
``Veterans Insurance and Indemnities'' may be transferred as
necessary to any other of the mentioned appropriations:
Provided, That, before a transfer may take place, the Secretary
of Veterans Affairs shall request from the Committees on
Appropriations of both Houses of Congress the authority to make
the transfer and such Committees issue an approval, or absent a
response, a period of 30 days has elapsed.
(including transfer of funds)
Sec. 202. Amounts made available for the Department of
Veterans Affairs for fiscal year 2020, in this or any other
Act, under the ``Medical Services'', ``Medical Community
Care'', ``Medical Support and Compliance'', and ``Medical
Facilities'' accounts may be transferred among the accounts:
Provided, That any transfers among the ``Medical Services'',
``Medical Community Care'', and ``Medical Support and
Compliance'' accounts of 1 percent or less of the total amount
appropriated to the account in this or any other Act may take
place subject to notification from the Secretary of Veterans
Affairs to the Committees on Appropriations of both Houses of
Congress of the amount and purpose of the transfer: Provided
further, That any transfers among the ``Medical Services'',
``Medical Community Care'', and ``Medical Support and
Compliance'' accounts in excess of 1 percent, or exceeding the
cumulative 1 percent for the fiscal year, may take place only
after the Secretary requests from the Committees on
Appropriations of both Houses of Congress the authority to make
the transfer and an approval is issued: Provided further, That
any transfers to or from the ``Medical Facilities'' account may
take place only after the Secretary requests from the
Committees on Appropriations of both Houses of Congress the
authority to make the transfer and an approval is issued.
Sec. 203. Appropriations available in this title for
salaries and expenses shall be available for services
authorized by section 3109 of title 5, United States Code; hire
of passenger motor vehicles; lease of a facility or land or
both; and uniforms or allowances therefore, as authorized by
sections 5901 through 5902 of title 5, United States Code.
Sec. 204. No appropriations in this title (except the
appropriations for ``Construction, Major Projects'', and
``Construction, Minor Projects'') shall be available for the
purchase of any site for or toward the construction of any new
hospital or home.
Sec. 205. No appropriations in this title shall be available
for hospitalization or examination of any persons (except
beneficiaries entitled to such hospitalization or examination
under the laws providing such benefits to veterans, and persons
receiving such treatment under sections 7901 through 7904 of
title 5, United States Code, or the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.)),
unless reimbursement of the cost of such hospitalization or
examination is made to the ``Medical Services'' account at such
rates as may be fixed by the Secretary of Veterans Affairs.
Sec. 206. Appropriations available in this title for
``Compensation and Pensions'', ``Readjustment Benefits'', and
``Veterans Insurance and Indemnities'' shall be available for
payment of prior year accrued obligations required to be
recorded by law against the corresponding prior year accounts
within the last quarter of fiscal year 2019.
Sec. 207. Appropriations available in this title shall be
available to pay prior year obligations of corresponding prior
year appropriations accounts resulting from sections 3328(a),
3334, and 3712(a) of title 31, United States Code, except that
if such obligations are from trust fund accounts they shall be
payable only from ``Compensation and Pensions''.
(including transfer of funds)
Sec. 208. Notwithstanding any other provision of law, during
fiscal year 2020, the Secretary of Veterans Affairs shall, from
the National Service Life Insurance Fund under section 1920 of
title 38, United States Code, the Veterans' Special Life
Insurance Fund under section 1923 of title 38, United States
Code, and the United States Government Life Insurance Fund
under section 1955 of title 38, United States Code, reimburse
the ``General Operating Expenses, Veterans Benefits
Administration'' and ``Information Technology Systems''
accounts for the cost of administration of the insurance
programs financed through those accounts: Provided, That
reimbursement shall be made only from the surplus earnings
accumulated in such an insurance program during fiscal year
2020 that are available for dividends in that program after
claims have been paid and actuarially determined reserves have
been set aside: Provided further, That if the cost of
administration of such an insurance program exceeds the amount
of surplus earnings accumulated in that program, reimbursement
shall be made only to the extent of such surplus earnings:
Provided further, That the Secretary shall determine the cost
of administration for fiscal year 2020 which is properly
allocable to the provision of each such insurance program and
to the provision of any total disability income insurance
included in that insurance program.
Sec. 209. Amounts deducted from enhanced-use lease proceeds
to reimburse an account for expenses incurred by that account
during a prior fiscal year for providing enhanced-use lease
services, may be obligated during the fiscal year in which the
proceeds are received.
(including transfer of funds)
Sec. 210. Funds available in this title or funds for
salaries and other administrative expenses shall also be
available to reimburse the Office of Resolution Management, the
Office of Employment Discrimination Complaint Adjudication, and
the Office of Diversity and Inclusion for all services provided
at rates which will recover actual costs but not to exceed
$57,263,000 for the Office of Resolution Management, $6,000,000
for the Office of Employment Discrimination Complaint
Adjudication, and $4,628,000 for the Office of Diversity and
Inclusion: Provided, That payments may be made in advance for
services to be furnished based on estimated costs: Provided
further, That amounts received shall be credited to the
``General Administration'' and ``Information Technology
Systems'' accounts for use by the office that provided the
service.
Sec. 211. No funds of the Department of Veterans Affairs
shall be available for hospital care, nursing home care, or
medical services provided to any person under chapter 17 of
title 38, United States Code, for a non-service-connected
disability described in section 1729(a)(2) of such title,
unless that person has disclosed to the Secretary of Veterans
Affairs, in such form as the Secretary may require, current,
accurate third-party reimbursement information for purposes of
section 1729 of such title: Provided, That the Secretary may
recover, in the same manner as any other debt due the United
States, the reasonable charges for such care or services from
any person who does not make such disclosure as required:
Provided further, That any amounts so recovered for care or
services provided in a prior fiscal year may be obligated by
the Secretary during the fiscal year in which amounts are
received.
(including transfer of funds)
Sec. 212. Notwithstanding any other provision of law,
proceeds or revenues derived from enhanced-use leasing
activities (including disposal) may be deposited into the
``Construction, Major Projects'' and ``Construction, Minor
Projects'' accounts and be used for construction (including
site acquisition and disposition), alterations, and
improvements of any medical facility under the jurisdiction or
for the use of the Department of Veterans Affairs. Such sums as
realized are in addition to the amount provided for in
``Construction, Major Projects'' and ``Construction, Minor
Projects''.
Sec. 213. Amounts made available under ``Medical Services''
are available--
(1) for furnishing recreational facilities, supplies,
and equipment; and
(2) for funeral expenses, burial expenses, and other
expenses incidental to funerals and burials for
beneficiaries receiving care in the Department.
(including transfer of funds)
Sec. 214. Such sums as may be deposited to the Medical Care
Collections Fund pursuant to section 1729A of title 38, United
States Code, may be transferred to the ``Medical Services'' and
``Medical Community Care'' accounts to remain available until
expended for the purposes of these accounts.
Sec. 215. The Secretary of Veterans Affairs may enter into
agreements with Federally Qualified Health Centers in the State
of Alaska and Indian tribes and tribal organizations which are
party to the Alaska Native Health Compact with the Indian
Health Service, to provide healthcare, including behavioral
health and dental care, to veterans in rural Alaska. The
Secretary shall require participating veterans and facilities
to comply with all appropriate rules and regulations, as
established by the Secretary. The term ``rural Alaska'' shall
mean those lands which are not within the boundaries of the
municipality of Anchorage or the Fairbanks North Star Borough.
(including transfer of funds)
Sec. 216. Such sums as may be deposited to the Department of
Veterans Affairs Capital Asset Fund pursuant to section 8118 of
title 38, United States Code, may be transferred to the
``Construction, Major Projects'' and ``Construction, Minor
Projects'' accounts, to remain available until expended for the
purposes of these accounts.
Sec. 217. Not later than 30 days after the end of each
fiscal quarter, the Secretary of Veterans Affairs shall submit
to the Committees on Appropriations of both Houses of Congress
a report on the financial status of the Department of Veterans
Affairs for the preceding quarter: Provided, That, at a
minimum, the report shall include the direction contained in
the paragraph entitled ``Quarterly reporting'', under the
heading ``General Administration'' in the joint explanatory
statement accompanying Public Law 114-223.
(including transfer of funds)
Sec. 218. Amounts made available under the ``Medical
Services'', ``Medical Community Care'', ``Medical Support and
Compliance'', ``Medical Facilities'', ``General Operating
Expenses, Veterans Benefits Administration'', ``Board of
Veterans Appeals'', ``General Administration'', and ``National
Cemetery Administration'' accounts for fiscal year 2020 may be
transferred to or from the ``Information Technology Systems''
account: Provided, That such transfers may not result in a
more than 10 percent aggregate increase in the total amount
made available by this Act for the ``Information Technology
Systems'' account: Provided further, That, before a transfer
may take place, the Secretary of Veterans Affairs shall request
from the Committees on Appropriations of both Houses of
Congress the authority to make the transfer and an approval is
issued.
(including transfer of funds)
Sec. 219. Of the amounts appropriated to the Department of
Veterans Affairs for fiscal year 2020 for ``Medical Services'',
``Medical Community Care'', ``Medical Support and Compliance'',
``Medical Facilities'', ``Construction, Minor Projects'', and
``Information Technology Systems'', up to $314,409,000, plus
reimbursements, may be transferred to the Joint Department of
Defense--Department of Veterans Affairs Medical Facility
Demonstration Fund, established by section 1704 of the National
Defense Authorization Act for Fiscal Year 2010 (Public Law 111-
84; 123 Stat. 3571) and may be used for operation of the
facilities designated as combined Federal medical facilities as
described by section 706 of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122
Stat. 4500): Provided, That additional funds may be
transferred from accounts designated in this section to the
Joint Department of Defense--Department of Veterans Affairs
Medical Facility Demonstration Fund upon written notification
by the Secretary of Veterans Affairs to the Committees on
Appropriations of both Houses of Congress: Provided further,
That section 220 of title II of division C of Public Law 115-
244 is repealed.
(including transfer of funds)
Sec. 220. Of the amounts appropriated to the Department of
Veterans Affairs which become available on October 1, 2020, for
``Medical Services'', ``Medical Community Care'', ``Medical
Support and Compliance'', and ``Medical Facilities'', up to
$322,931,000, plus reimbursements, may be transferred to the
Joint Department of Defense--Department of Veterans Affairs
Medical Facility Demonstration Fund, established by section
1704 of the National Defense Authorization Act for Fiscal Year
2010 (Public Law 111-84; 123 Stat. 3571) and may be used for
operation of the facilities designated as combined Federal
medical facilities as described by section 706 of the Duncan
Hunter National Defense Authorization Act for Fiscal Year 2009
(Public Law 110-417; 122 Stat. 4500): Provided, That
additional funds may be transferred from accounts designated in
this section to the Joint Department of Defense--Department of
Veterans Affairs Medical Facility Demonstration Fund upon
written notification by the Secretary of Veterans Affairs to
the Committees on Appropriations of both Houses of Congress.
(including transfer of funds)
Sec. 221. Such sums as may be deposited to the Medical Care
Collections Fund pursuant to section 1729A of title 38, United
States Code, for healthcare provided at facilities designated
as combined Federal medical facilities as described by section
706 of the Duncan Hunter National Defense Authorization Act for
Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4500) shall
also be available: (1) for transfer to the Joint Department of
Defense--Department of Veterans Affairs Medical Facility
Demonstration Fund, established by section 1704 of the National
Defense Authorization Act for Fiscal Year 2010 (Public Law 111-
84; 123 Stat. 3571); and (2) for operations of the facilities
designated as combined Federal medical facilities as described
by section 706 of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122
Stat. 4500): Provided, That, notwithstanding section
1704(b)(3) of the National Defense Authorization Act for Fiscal
Year 2010 (Public Law 111-84; 123 Stat. 2573), amounts
transferred to the Joint Department of Defense--Department of
Veterans Affairs Medical Facility Demonstration Fund shall
remain available until expended.
(including transfer of funds)
Sec. 222. Of the amounts available in this title for
``Medical Services'', ``Medical Community Care'', ``Medical
Support and Compliance'', and ``Medical Facilities'', a minimum
of $15,000,000 shall be transferred to the DOD-VA Health Care
Sharing Incentive Fund, as authorized by section 8111(d) of
title 38, United States Code, to remain available until
expended, for any purpose authorized by section 8111 of title
38, United States Code.
Sec. 223. None of the funds available to the Department of
Veterans Affairs, in this or any other Act, may be used to
replace the current system by which the Veterans Integrated
Service Networks select and contract for diabetes monitoring
supplies and equipment.
Sec. 224. The Secretary of Veterans Affairs shall notify the
Committees on Appropriations of both Houses of Congress of all
bid savings in a major construction project that total at least
$5,000,000, or 5 percent of the programmed amount of the
project, whichever is less: Provided, That such notification
shall occur within 14 days of a contract identifying the
programmed amount: Provided further, That the Secretary shall
notify the Committees on Appropriations of both Houses of
Congress 14 days prior to the obligation of such bid savings
and shall describe the anticipated use of such savings.
Sec. 225. None of the funds made available for
``Construction, Major Projects'' may be used for a project in
excess of the scope specified for that project in the original
justification data provided to the Congress as part of the
request for appropriations unless the Secretary of Veterans
Affairs receives approval from the Committees on Appropriations
of both Houses of Congress.
Sec. 226. Not later than 30 days after the end of each
fiscal quarter, the Secretary of Veterans Affairs shall submit
to the Committees on Appropriations of both Houses of Congress
a quarterly report containing performance measures and data
from each Veterans Benefits Administration Regional Office:
Provided, That, at a minimum, the report shall include the
direction contained in the section entitled ``Disability claims
backlog'', under the heading ``General Operating Expenses,
Veterans Benefits Administration'' in the joint explanatory
statement accompanying Public Law 114-223: Provided further,
That the report shall also include information on the number of
appeals pending at the Veterans Benefits Administration as well
as the Board of Veterans Appeals on a quarterly basis.
Sec. 227. The Secretary of Veterans Affairs shall provide
written notification to the Committees on Appropriations of
both Houses of Congress 15 days prior to organizational changes
which result in the transfer of 25 or more full-time
equivalents from one organizational unit of the Department of
Veterans Affairs to another.
Sec. 228. The Secretary of Veterans Affairs shall provide on
a quarterly basis to the Committees on Appropriations of both
Houses of Congress notification of any single national outreach
and awareness marketing campaign in which obligations exceed
$1,000,000.
(including transfer of funds)
Sec. 229. The Secretary of Veterans Affairs, upon
determination that such action is necessary to address needs of
the Veterans Health Administration, may transfer to the
``Medical Services'' account any discretionary appropriations
made available for fiscal year 2020 in this title (except
appropriations made to the ``General Operating Expenses,
Veterans Benefits Administration'' account) or any
discretionary unobligated balances within the Department of
Veterans Affairs, including those appropriated for fiscal year
2020, that were provided in advance by appropriations Acts:
Provided, That transfers shall be made only with the approval
of the Office of Management and Budget: Provided further, That
the transfer authority provided in this section is in addition
to any other transfer authority provided by law: Provided
further, That no amounts may be transferred from amounts that
were designated by Congress as an emergency requirement
pursuant to a concurrent resolution on the budget or the
Balanced Budget and Emergency Deficit Control Act of 1985:
Provided further, That such authority to transfer may not be
used unless for higher priority items, based on emergent
healthcare requirements, than those for which originally
appropriated and in no case where the item for which funds are
requested has been denied by Congress: Provided further, That,
upon determination that all or part of the funds transferred
from an appropriation are not necessary, such amounts may be
transferred back to that appropriation and shall be available
for the same purposes as originally appropriated: Provided
further, That before a transfer may take place, the Secretary
of Veterans Affairs shall request from the Committees on
Appropriations of both Houses of Congress the authority to make
the transfer and receive approval of that request.
(including transfer of funds)
Sec. 230. Amounts made available for the Department of
Veterans Affairs for fiscal year 2020, under the ``Board of
Veterans Appeals'' and the ``General Operating Expenses,
Veterans Benefits Administration'' accounts may be transferred
between such accounts: Provided, That before a transfer may
take place, the Secretary of Veterans Affairs shall request
from the Committees on Appropriations of both Houses of
Congress the authority to make the transfer and receive
approval of that request.
Sec. 231. The Secretary of Veterans Affairs may not
reprogram funds among major construction projects or programs
if such instance of reprogramming will exceed $7,000,000,
unless such reprogramming is approved by the Committees on
Appropriations of both Houses of Congress.
Sec. 232. (a) The Secretary of Veterans Affairs shall ensure
that the toll-free suicide hotline under section 1720F(h) of
title 38, United States Code--
(1) provides to individuals who contact the hotline
immediate assistance from a trained professional; and
(2) adheres to all requirements of the American
Association of Suicidology.
(b)(1) None of the funds made available by this Act may be
used to enforce or otherwise carry out any Executive action
that prohibits the Secretary of Veterans Affairs from
appointing an individual to occupy a vacant civil service
position, or establishing a new civil service position, at the
Department of Veterans Affairs with respect to such a position
relating to the hotline specified in subsection (a).
(2) In this subsection--
(A) the term ``civil service'' has the meaning given
such term in section 2101(1) of title 5, United States
Code; and
(B) the term ``Executive action'' includes--
(i) any Executive order, presidential
memorandum, or other action by the President;
and
(ii) any agency policy, order, or other
directive.
(c)(1) The Secretary of Veterans Affairs shall conduct a
study on the effectiveness of the hotline specified in
subsection (a) during the five-year period beginning on January
1, 2016, based on an analysis of national suicide data and data
collected from such hotline.
(2) At a minimum, the study required by paragraph (1) shall--
(A) determine the number of veterans who contact the
hotline specified in subsection (a) and who receive
follow up services from the hotline or mental health
services from the Department of Veterans Affairs
thereafter;
(B) determine the number of veterans who contact the
hotline who are not referred to, or do not continue
receiving, mental health care who commit suicide; and
(C) determine the number of veterans described in
subparagraph (A) who commit or attempt suicide.
Sec. 233. None of the funds in this or any other Act may be
used to close Department of Veterans Affairs (VA) hospitals,
domiciliaries, or clinics, conduct an environmental assessment,
or to diminish healthcare services at existing Veterans Health
Administration medical facilities as part of a planned
realignment of VA services until the Secretary provides to the
Committees on Appropriations of both Houses of Congress a
report including the following elements--
(1) a national realignment strategy that includes a
detailed description of realignment plans within each
Veterans Integrated Services Network (VISN), including
an updated Long Range Capital Plan to implement
realignment requirements;
(2) an explanation of the process by which those
plans were developed and coordinated within each VISN;
(3) a cost versus benefit analysis of each planned
realignment, including the cost of replacing Veterans
Health Administration services with contract care or
other outsourced services;
(4) an analysis of how any such planned realignment
of services will impact access to care for veterans
living in rural or highly rural areas, including travel
distances and transportation costs to access a VA
medical facility and availability of local specialty
and primary care;
(5) an inventory of VA buildings with historic
designation and the methodology used to determine the
buildings' condition and utilization;
(6) a description of how any realignment will be
consistent with requirements under the National
Historic Preservation Act; and
(7) consideration given for reuse of historic
buildings within newly identified realignment
requirements: Provided, That, this provision shall not
apply to capital projects in any VISN, which have been
authorized or approved by Congress.
Sec. 234. Effective during the period beginning on October
1, 2018 and ending on January 1, 2024, none of the funds made
available to the Secretary of Veterans Affairs by this or any
other Act may be obligated or expended in contravention of the
``Veterans Health Administration Clinical Preventive Services
Guidance Statement on the Veterans Health Administration's
Screening for Breast Cancer Guidance'' published on May 10,
2017, as issued by the Veterans Health Administration National
Center for Health Promotion and Disease Prevention.
Sec. 235. (a) Notwithstanding any other provision of law, the
amounts appropriated or otherwise made available to the
Department of Veterans Affairs for the ``Medical Services''
account may be used to provide--
(1) fertility counseling and treatment using assisted
reproductive technology to a covered veteran or the
spouse of a covered veteran; or
(2) adoption reimbursement to a covered veteran.
(b) In this section:
(1) The term ``service-connected'' has the meaning
given such term in section 101 of title 38, United
States Code.
(2) The term ``covered veteran'' means a veteran, as
such term is defined in section 101 of title 38, United
States Code, who has a service-connected disability
that results in the inability of the veteran to
procreate without the use of fertility treatment.
(3) The term ``assisted reproductive technology''
means benefits relating to reproductive assistance
provided to a member of the Armed Forces who incurs a
serious injury or illness on active duty pursuant to
section 1074(c)(4)(A) of title 10, United States Code,
as described in the memorandum on the subject of
``Policy for Assisted Reproductive Services for the
Benefit of Seriously or Severely Ill/Injured (Category
II or III) Active Duty Service Members'' issued by the
Assistant Secretary of Defense for Health Affairs on
April 3, 2012, and the guidance issued to implement
such policy, including any limitations on the amount of
such benefits available to such a member except that--
(A) the time periods regarding embryo
cryopreservation and storage set forth in part
III(G) and in part IV(H) of such memorandum
shall not apply; and
(B) such term includes embryo
cryopreservation and storage without limitation
on the duration of such cryopreservation and
storage.
(4) The term ``adoption reimbursement'' means
reimbursement for the adoption-related expenses for an
adoption that is finalized after the date of the
enactment of this Act under the same terms as apply
under the adoption reimbursement program of the
Department of Defense, as authorized in Department of
Defense Instruction 1341.09, including the
reimbursement limits and requirements set forth in such
instruction.
(c) Amounts made available for the purposes specified in
subsection (a) of this section are subject to the requirements
for funds contained in section 508 of division H of the
Consolidated Appropriations Act, 2018 (Public Law 115-141).
Sec. 236. None of the funds appropriated or otherwise made
available by this Act or any other Act for the Department of
Veterans Affairs may be used in a manner that is inconsistent
with: (1) section 842 of the Transportation, Treasury, Housing
and Urban Development, the Judiciary, the District of Columbia,
and Independent Agencies Appropriations Act, 2006 (Public Law
109-115; 119 Stat. 2506); or (2) section 8110(a)(5) of title
38, United States Code.
Sec. 237. Section 842 of Public Law 109-115 shall not apply
to conversion of an activity or function of the Veterans Health
Administration, Veterans Benefits Administration, or National
Cemetery Administration to contractor performance by a business
concern that is at least 51 percent owned by one or more Indian
tribes as defined in section 5304(e) of title 25, United States
Code, or one or more Native Hawaiian Organizations as defined
in section 637(a)(15) of title 15, United States Code.
Sec. 238. (a) Except as provided in subsection (b), the
Secretary of Veterans Affairs, in consultation with the
Secretary of Defense and the Secretary of Labor, shall
discontinue using Social Security account numbers to identify
individuals in all information systems of the Department of
Veterans Affairs as follows:
(1) For all veterans submitting to the Secretary of
Veterans Affairs new claims for benefits under laws
administered by the Secretary, not later than 5 years
after the date of the enactment of this Act.
(2) For all individuals not described in paragraph
(1), not later than 8 years after the date of the
enactment of this Act.
(b) The Secretary of Veterans Affairs may use a Social
Security account number to identify an individual in an
information system of the Department of Veterans Affairs if and
only if the use of such number is required to obtain
information the Secretary requires from an information system
that is not under the jurisdiction of the Secretary.
Sec. 239. For funds provided to the Department of Veterans
Affairs for each of fiscal year 2020 and 2021 for ``Medical
Services'', section 239 of Division A of Public Law 114-223
shall apply.
Sec. 240. None of the funds appropriated in this or prior
appropriations Acts or otherwise made available to the
Department of Veterans Affairs may be used to transfer any
amounts from the Filipino Veterans Equity Compensation Fund to
any other account within the Department of Veterans Affairs.
Sec. 241. Of the funds provided to the Department of
Veterans Affairs for each of fiscal year 2020 and fiscal year
2021 for ``Medical Services'', funds may be used in each year
to carry out and expand the child care program authorized by
section 205 of Public Law 111-163, notwithstanding subsection
(e) of such section.
Sec. 242. None of the funds appropriated or otherwise made
available in this title may be used by the Secretary of
Veterans Affairs to enter into an agreement related to
resolving a dispute or claim with an individual that would
restrict in any way the individual from speaking to members of
Congress or their staff on any topic not otherwise prohibited
from disclosure by Federal law or required by Executive Order
to be kept secret in the interest of national defense or the
conduct of foreign affairs.
Sec. 243. For funds provided to the Department of Veterans
Affairs for each of fiscal year 2020 and 2021, section 258 of
Division A of Public Law 114-223 shall apply.
Sec. 244. (a) None of the funds appropriated or otherwise
made available by this Act may be used to deny an Inspector
General funded under this Act timely access to any records,
documents, or other materials available to the department or
agency of the United States Government over which such
Inspector General has responsibilities under the Inspector
General Act of 1978 (5 U.S.C. App.), or to prevent or impede
the access of such Inspector General to such records,
documents, or other materials, under any provision of law,
except a provision of law that expressly refers to such
Inspector General and expressly limits the right of access of
such Inspector General.
(b) A department or agency covered by this section shall
provide its Inspector General access to all records, documents,
and other materials in a timely manner.
(c) Each Inspector General covered by this section shall
ensure compliance with statutory limitations on disclosure
relevant to the information provided by the department or
agency over which that Inspector General has responsibilities
under the Inspector General Act of 1978 (5 U.S.C. App.).
(d) Each Inspector General covered by this section shall
report to the Committee on Appropriations of the Senate and the
Committee on Appropriations of the House of Representatives
within 5 calendar days of any failure by any department or
agency covered by this section to comply with this section.
Sec. 245. For funds provided to the Department of Veterans
Affairs for each of fiscal year 2020 and 2021, section 248 of
Division A of Public Law 114-223 shall apply.
Sec. 246. (a) The Secretary of Veterans Affairs may use
amounts appropriated or otherwise made available in this title
to ensure that the ratio of veterans to full-time employment
equivalents within any program of rehabilitation conducted
under chapter 31 of title 38, United States Code, does not
exceed 125 veterans to one full-time employment equivalent.
(b) Not later than 180 days after the date of the enactment
of this Act, the Secretary shall submit to Congress a report on
the programs of rehabilitation conducted under chapter 31 of
title 38, United States Code, including--
(1) an assessment of the veteran-to-staff ratio for
each such program; and
(2) recommendations for such action as the Secretary
considers necessary to reduce the veteran-to-staff
ratio for each such program.
Sec. 247. None of the funds made available in this Act may
be used in a manner that would increase wait times for veterans
who seek care at medical facilities of the Department of
Veterans Affairs.
Sec. 248. None of the funds appropriated or otherwise made
available by this Act to the Veterans Health Administration may
be used in fiscal year 2020 to convert any program which
received specific purpose funds in fiscal year 2019 to a
general purpose funded program unless the Secretary of Veterans
Affairs submits written notification of any such proposal to
the Committees on Appropriations of both Houses of Congress at
least thirty days prior to any such action and an approval is
issued by the Committees.
Sec. 249. (a) None of the funds appropriated or otherwise
made available by this Act may be used to conduct research
commencing on or after October 1, 2019, that uses any canine,
feline, or non-human primate unless the Secretary of Veterans
Affairs approves such research specifically and in writing
pursuant to subsection (b).
(b)(1) The Secretary of Veterans Affairs may approve the
conduct of research commencing on or after October 1, 2019,
using canines, felines, or non-human primates if the Secretary
determines that--
(A) the scientific objectives of the research can
only be met by using such canines, felines, or non-
human primates;
(B) such scientific objectives are directly related
to an illness or injury that is combat-related; and
(C) the research is consistent with the revised
Department of Veterans Affairs canine research policy
document dated December 15, 2017, including any
subsequent revisions to such document.
(2) The Secretary may not delegate the authority under this
subsection.
(c) If the Secretary approves any new research pursuant to
subsection (b), not later than 30 days before the commencement
of such research, the Secretary shall submit to the Committees
on Appropriations of the Senate and House of Representatives a
report describing--
(1) the nature of the research to be conducted using
canines, felines, or non-human primates;
(2) the date on which the Secretary approved the
research;
(3) the justification for the determination of the
Secretary that the scientific objectives of such
research could only be met using canines, felines, or
non-human primates;
(4) the frequency and duration of such research; and
(5) the protocols in place to ensure the necessity,
safety, and efficacy of the research; and
(d) Not later than 180 days after the date of the enactment
of this Act, and biannually thereafter, the Secretary shall
submit to such Committees a report describing--
(1) any research being conducted by the Department of
Veterans Affairs using canines, felines, or non-human
primates as of the date of the submittal of the report;
(2) the circumstances under which such research was
conducted using canines, felines, or non-human
primates;
(3) the justification for using canines, felines, or
non-human primates to conduct such research; and
(4) the protocols in place to ensure the necessity,
safety, and efficacy of such research.
(e) Not later than December 31, 2020, the Secretary shall
submit to such Committees a plan under which the Secretary will
eliminate or reduce the research conducted using canines,
felines, or non-human primates by not later than five years
after the date of the enactment of this Act.
Sec. 250. None of the funds made available by this Act may
be used by the Secretary of Veterans Affairs to close the
community based outpatient clinic located in Bainbridge, New
York, until the Secretary of Veterans Affairs submits to the
Committees on Appropriations of the House of Representatives
and the Senate a market area assessment.
Sec. 251. (a) Plan Required.--Not later than 90 days after
the date of the enactment of this Act, the Secretary of
Veterans Affairs shall submit to the appropriate committees of
Congress a plan to reduce the chances that clinical mistakes by
employees of the Department of Veterans Affairs will result in
adverse events that require institutional or clinical
disclosures and to prevent any unnecessary hardship for
patients and families impacted by such adverse events.
(b) Elements.--The plan required by subsection (a) shall
include the following:
(1) A description of a process for the timely
identification of individuals impacted by disclosures
described in subsection (a) and the process for
contacting those individuals or their next of kin.
(2) A description of procedures for expediting any
remedial or follow-up care required for those
individuals.
(3) A detailed outline of proposed changes to the
process of the Department for clinical quality checks
and oversight.
(4) A communication plan to ensure all facilities of
the Department are made aware of any requirements
updated pursuant to the plan.
(5) A timeline detailing the implementation of the
plan.
(6) An identification of the senior executive of the
Department responsible for ensuring compliance with the
plan.
(7) An identification of potential impacts of the
plan on timely diagnoses for patients.
(8) An identification of the processes and procedures
for employees of the Department to make leadership at
the facility and the Department aware of adverse events
that are concerning and that result in disclosures and
to ensure that the medical impact on veterans of such
disclosures is minimized.
(c) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committee on Veterans' Affairs and the
Subcommittee on Military Construction, Veterans
Affairs, and Related Agencies of the Committee on
Appropriations of the Senate; and
(2) the Committee on Veterans' Affairs and the
Subcommittee on Military Construction, Veterans
Affairs, and Related Agencies of the Committee on
Appropriations of the House of Representatives.
Sec. 252. (a) Not later than 180 days after the date of the
enactment of this Act, and not less frequently than once every
five-year period thereafter, the Secretary of Veterans Affairs
shall update the handbook of the Department of Veterans Affairs
titled ``Planning and Activating Community Based Outpatient
Clinics'', or a successor handbook, to reflect current
policies, best practices, and clarify the roles and
responsibilities of the personnel of the Department involved in
the leasing projects of the Department.
(b) The Secretary shall ensure that the handbook specified in
subsection (a) defines ``community based outpatient clinic'' in
the same manner as such term is defined in the Veterans Health
Administration Site Tracking database (commonly known as
``VAST'') as of the date of the enactment of this Act.
(c) The Secretary shall ensure that the Veterans Health
Administration incorporates the best practices contained in the
handbook specified in subsection (a) in conducting oversight of
the medical centers of the Department of Veterans Affairs and
the Veterans Integrated Service Network.
(d) Not later than 180 days after the date of the enactment
of this Act, the Secretary shall provide guidance and training
to employees of the Veterans Health Administration for the use
of the handbook specified in subsection (a). The Secretary
shall update such guidance and training together with each
update of such handbook.
(rescissions of funds)
Sec. 253. Of the unobligated balances available to the
Department of Veterans Affairs from prior appropriations Acts,
the following funds are hereby rescinded from the following
accounts in the amounts specified:
``Veterans Health Administration, Medical Services'',
$350,000,000;
``Veterans Health Administration, Medical Support and
Compliance'', $10,000,000;
``Veterans Health Administration, Medical and
Prosthetic Research'', $50,000,000;
``Veterans Health Administration, DOD-VA Health Care
Sharing Incentive Fund'', $15,949,000;
``National Cemetery Administration'', $1,000,000;
``Departmental Administration, Board of Veterans
Appeals'', $8,000,000; and
``Departmental Administration, Veterans Electronic
Health Record'', $70,000,000:
Provided, That no amounts may be rescinded from amounts that
were designated by the Congress as an emergency requirement
pursuant to a concurrent resolution on the budget or the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended.
Sec. 254. Section 252 of the Military Construction, Veterans
Affairs, and Related Agencies Appropriations Act, 2018
(division J of Public Law 115-141; 132 Stat. 825; 38 U.S.C.
1701 note) is amended by striking ``The Secretary may carry out
a 2-year pilot program'' and inserting ``During the period
preceding October 1, 2022, the Secretary of Veterans Affairs
may carry out a 2-year pilot program''.
(rescission of funds)
Sec. 255. The remaining unobligated balances in the
``Department of Veterans Affairs--Departmental Administration--
General Operating Expenses'' account from the following funds
appropriated in Public Law 107-38 are hereby rescinded:
Provided, That the amounts rescinded pursuant to this section
that were previously designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985 are designated
by the Congress as an emergency requirement pursuant to section
251(b)(2)(A)(i) of that Act:
(1) funds subject to subsequent enactment and
transferred pursuant to chapter 13 of division B of
Public Law 107-117; and
(2) funds made available and subsequently transferred
pursuant to the first proviso under the heading
``Executive Office of the President and Funds
Appropriated to the President--Emergency Response
Fund''.
Sec. 256. Amounts made available for the ``Veterans Health
Administration, Medical Community Care'' account in this or any
other Act for fiscal years 2020 and 2021 may be used for
expenses that would otherwise be payable from the Veterans
Choice Fund established by section 802 of the Veterans Access,
Choice, and Accountability Act, as amended (38 U.S.C. 1701
note).
Sec. 257. Hereafter, the matter preceding the first proviso
under the heading ``Veterans Health Administration, Medical
Services'' in title II of division C of Public Law 115-244
shall be applied for the purpose of the appropriations under
that heading that became available on October 1, 2019, by
striking ``aid to State homes as authorized by section 1741 of
title 38, United States Code,''.
TITLE III
RELATED AGENCIES
American Battle Monuments Commission
salaries and expenses
For necessary expenses, not otherwise provided for, of the
American Battle Monuments Commission, including the acquisition
of land or interest in land in foreign countries; purchases and
repair of uniforms for caretakers of national cemeteries and
monuments outside of the United States and its territories and
possessions; rent of office and garage space in foreign
countries; purchase (one-for-one replacement basis only) and
hire of passenger motor vehicles; not to exceed $15,000 for
official reception and representation expenses; and insurance
of official motor vehicles in foreign countries, when required
by law of such countries, $84,100,000, to remain available
until expended.
foreign currency fluctuations account
For necessary expenses, not otherwise provided for, of the
American Battle Monuments Commission, such sums as may be
necessary, to remain available until expended, for purposes
authorized by section 2109 of title 36, United States Code.
United States Court of Appeals for Veterans Claims
salaries and expenses
For necessary expenses for the operation of the United States
Court of Appeals for Veterans Claims as authorized by sections
7251 through 7298 of title 38, United States Code, $35,400,000:
Provided, That $2,698,997 shall be available for the purpose
of providing financial assistance as described and in
accordance with the process and reporting procedures set forth
under this heading in Public Law 102-229.
Department of Defense--Civil
Cemeterial Expenses, Army
salaries and expenses
For necessary expenses for maintenance, operation, and
improvement of Arlington National Cemetery and Soldiers' and
Airmen's Home National Cemetery, including the purchase or
lease of passenger motor vehicles for replacement on a one-for-
one basis only, and not to exceed $2,000 for official reception
and representation expenses, $80,800,000, of which not to
exceed $15,000,000 shall remain available until September 30,
2022. In addition, such sums as may be necessary for parking
maintenance, repairs and replacement, to be derived from the
``Lease of Department of Defense Real Property for Defense
Agencies'' account.
Armed Forces Retirement Home
trust fund
For expenses necessary for the Armed Forces Retirement Home
to operate and maintain the Armed Forces Retirement Home--
Washington, District of Columbia, and the Armed Forces
Retirement Home--Gulfport, Mississippi, to be paid from funds
available in the Armed Forces Retirement Home Trust Fund,
$75,300,000, of which $12,000,000 shall remain available until
expended for construction and renovation of the physical plants
at the Armed Forces Retirement Home--Washington, District of
Columbia, and the Armed Forces Retirement Home--Gulfport,
Mississippi: Provided, That of the amounts made available
under this heading from funds available in the Armed Forces
Retirement Home Trust Fund, $22,000,000 shall be paid from the
general fund of the Treasury to the Trust Fund.
Administrative Provision
Sec. 301. Amounts deposited into the special account
established under 10 U.S.C. 4727 are appropriated and shall be
available until expended to support activities at the Army
National Military Cemeteries.
TITLE IV
OVERSEAS CONTINGENCY OPERATIONS
DEPARTMENT OF DEFENSE
Military Construction, Army
For an additional amount for ``Military Construction, Army'',
$111,968,000, to remain available until September 30, 2024, for
projects outside of the United States: Provided, That such
amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Military Construction, Navy and Marine Corps
For an additional amount for ``Military Construction, Navy
and Marine Corps'', $94,570,000, to remain available until
September 30, 2024, for projects outside of the United States:
Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Military Construction, Air Force
For an additional amount for ``Military Construction, Air
Force'' $391,988,000, to remain available until September 30,
2024, for projects outside of the United States: Provided,
That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Military Construction, Defense-Wide
For an additional amount for ``Military Construction,
Defense-Wide'', $46,000,000, to remain available until
September 30, 2024, for projects outside of the United States:
Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Administrative Provision
Sec. 401. None of the funds appropriated for military
construction projects outside the United States under this
title may be obligated or expended for planning and design of
any project associated with the European Deterrence Initiative
until the Secretary of Defense develops and submits to the
congressional defense committees, in a classified and
unclassified format, a list of all of the military construction
projects associated with the European Deterrence Initiative
which the Secretary anticipates will be carried out during each
of the fiscal years 2021 through 2025.
TITLE V
NATURAL DISASTER RELIEF
DEPARTMENT OF DEFENSE
Military Construction, Navy and Marine Corps
For an additional amount for ``Military Construction, Navy
and Marine Corps'', $3,477,000,000, to remain available until
September 30, 2024, for necessary expenses related to the
consequences of Hurricanes Michael and Florence and flooding
and earthquakes occurring in fiscal year 2019: Provided, That
none of the funds made available in this Act to the Navy and
Marine Corps for such recovery efforts shall be available for
obligation until the Committees on Appropriations of the House
of Representatives and the Senate receive form 1391 for each
specific request: Provided further, That, not later than 60
days after enactment of this Act, the Secretary of the Navy, or
his designee, shall submit to the Committees on Appropriations
of the House of Representatives and the Senate a detailed
expenditure plan for funds provided under this heading in this
title: Provided further, That such funds may be obligated or
expended for planning and design and military construction
projects not otherwise authorized by law: Provided further,
That such amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
Military Construction, Air Force
For an additional amount for ``Military Construction, Air
Force'', $2,605,200,000, to remain available until September
30, 2024, for necessary expenses related to the consequences of
Hurricanes Michael and Florence and flooding and earthquakes
occurring in fiscal year 2019: Provided, That none of the
funds made available in this Act to the Air Force for such
recovery efforts shall be available for obligation until the
Committees on Appropriations of the House of Representatives
and the Senate receive form 1391 for each specific request:
Provided further, That, not later than 60 days after enactment
of this Act, the Secretary of the Air Force, or his designee,
shall submit to the Committees on Appropriations of the House
of Representatives and the Senate a detailed expenditure plan
for funds provided under this heading in this title: Provided
further, That such funds may be obligated or expended for
planning and design and military construction projects not
otherwise authorized by law: Provided further, That such
amount is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
Military Construction, Defense-Wide
For an additional amount for ``Military Construction,
Defense-Wide'', $77,175,000, to remain available until
September 30, 2024, for necessary expenses related to the
consequences of Hurricanes Michael and Florence and flooding
and earthquakes occurring in fiscal year 2019: Provided, That
none of the funds made available in this Act to the Department
of Defense for such recovery efforts shall be available for
obligation until the Committees on Appropriations of the House
of Representatives and the Senate receive form 1391 for each
specific request: Provided further, That, not later than 60
days after enactment of this Act, the Secretary of Defense, or
his designee, shall submit to the Committees on Appropriations
of the House of Representatives and the Senate a detailed
expenditure plan for funds provided under this heading in this
title: Provided further, That such funds may be obligated or
expended for planning and design and military construction
projects not otherwise authorized by law: Provided further,
That such amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
Military Construction, Army National Guard
For an additional amount for ``Military Construction, Army
National Guard'', $66,000,000, to remain available until
September 30, 2024, for necessary expenses related to the
consequences of Hurricanes Michael and Florence and flooding,
tornadoes, and earthquakes occurring in fiscal year 2019:
Provided, That none of the funds made available in this Act to
the Army National Guard for such recovery efforts shall be
available for obligation until the Committees on Appropriations
of the House of Representatives and the Senate receive form
1391 for each specific request: Provided further, That, not
later than 60 days after enactment of this Act, the Director of
the Army National Guard, or his designee, shall submit to the
Committees on Appropriations of the House of Representatives
and the Senate a detailed expenditure plan for funds provided
under this heading in this title: Provided further, That such
funds may be obligated or expended for planning and design and
military construction projects not otherwise authorized by law:
Provided further, That such amount is designated by the
Congress as being for an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Military Construction, Army Reserve
For an additional amount for ``Military Construction, Army
Reserve'', $3,300,000, to remain available until September 30,
2024, for necessary expenses related to the consequences of
Hurricanes Michael and Florence and flooding and earthquakes
occurring in fiscal year 2019: Provided, That none of the
funds made available in this Act to the Army Reserve for such
recovery efforts shall be available for obligation until the
Committees on Appropriations of the House of Representatives
and the Senate receive form 1391 for each specific request:
Provided further, That, not later than 60 days after enactment
of this Act, the Secretary of the Army, or his designee, shall
submit to the Committees on Appropriations of the House of
Representatives and the Senate a detailed expenditure plan for
funds provided under this heading in this title: Provided
further, That such funds may be obligated or expended for
planning and design and military construction projects not
otherwise authorized by law: Provided further, That such
amount is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
ADMINISTRATIVE PROVISION
Sec. 501. Notwithstanding any other provision of law, funds
made available under each heading in this title shall only be
used for the purposes specifically described under that
heading.
TITLE VI
GENERAL PROVISIONS
Sec. 601. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal
year unless expressly so provided herein.
Sec. 602. None of the funds made available in this Act may
be used for any program, project, or activity, when it is made
known to the Federal entity or official to which the funds are
made available that the program, project, or activity is not in
compliance with any Federal law relating to risk assessment,
the protection of private property rights, or unfunded
mandates.
Sec. 603. All departments and agencies funded under this Act
are encouraged, within the limits of the existing statutory
authorities and funding, to expand their use of ``E-Commerce''
technologies and procedures in the conduct of their business
practices and public service activities.
Sec. 604. Unless stated otherwise, all reports and
notifications required by this Act shall be submitted to the
Subcommittee on Military Construction and Veterans Affairs, and
Related Agencies of the Committee on Appropriations of the
House of Representatives and the Subcommittee on Military
Construction and Veterans Affairs, and Related Agencies of the
Committee on Appropriations of the Senate.
Sec. 605. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality of
the United States Government except pursuant to a transfer made
by, or transfer authority provided in, this or any other
appropriations Act.
Sec. 606. None of the funds made available in this Act may
be used for a project or program named for an individual
serving as a Member, Delegate, or Resident Commissioner of the
United States House of Representatives.
Sec. 607. (a) Any agency receiving funds made available in
this Act, shall, subject to subsections (b) and (c), post on
the public Web site of that agency any report required to be
submitted by the Congress in this or any other Act, upon the
determination by the head of the agency that it shall serve the
national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises
national security; or
(2) the report contains confidential or proprietary
information.
(c) The head of the agency posting such report shall do so
only after such report has been made available to the
requesting Committee or Committees of Congress for no less than
45 days.
Sec. 608. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network unless
such network blocks the viewing, downloading, and exchanging of
pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law
enforcement agency or any other entity carrying out criminal
investigations, prosecution, or adjudication activities.
Sec. 609. None of the funds made available in this Act may
be used by an agency of the executive branch to pay for first-
class travel by an employee of the agency in contravention of
sections 301-10.122 through 301-10.124 of title 41, Code of
Federal Regulations.
Sec. 610. None of the funds made available in this Act may
be used to execute a contract for goods or services, including
construction services, where the contractor has not complied
with Executive Order No. 12989.
Sec. 611. None of the funds made available by this Act may
be used by the Department of Defense or the Department of
Veterans Affairs to lease or purchase new light duty vehicles
for any executive fleet, or for an agency's fleet inventory,
except in accordance with Presidential Memorandum--Federal
Fleet Performance, dated May 24, 2011.
Sec. 612. Except as expressly provided otherwise, any
reference to ``this Act'' contained in this division shall be
treated as referring only to the provisions of this division.
Sec. 613. None of the funds made available by this Act may
be used in contravention of section 101(e)(8) of title 10,
United States Code.
Sec. 614. (a) In General.--None of the funds appropriated or
otherwise made available to the Department of Defense in this
Act may be used to construct, renovate, or expand any facility
in the United States, its territories, or possessions to house
any individual detained at United States Naval Station,
Guantanamo Bay, Cuba, for the purposes of detention or
imprisonment in the custody or under the control of the
Department of Defense.
(b) The prohibition in subsection (a) shall not apply to any
modification of facilities at United States Naval Station,
Guantanamo Bay, Cuba.
(c) An individual described in this subsection is any
individual who, as of June 24, 2009, is located at United
States Naval Station, Guantanamo Bay, Cuba, and who--
(1) is not a citizen of the United States or a member
of the Armed Forces of the United States; and
(2) is--
(A) in the custody or under the effective
control of the Department of Defense; or
(B) otherwise under detention at United
States Naval Station, Guantanamo Bay, Cuba.
This division may be cited as the ``Military Construction,
Veterans Affairs, and Related Agencies Appropriations Act,
2020''.
[Clerk's note.--Reproduced below is the material relating
to division F contained in the Explanatory Statement regarding
H.R. 1865, the Further 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 H11378 of
Book III.
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DIVISION F--MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2020
The following is an explanation of the effects of Division
F which makes appropriations for Military Construction,
Veterans Affairs, and Related Agencies for fiscal year 2020.
Unless otherwise noted, references to the House Report is
reference to House Report 116-63. The language set forth in
House Report 116-63 should be complied with and carry the same
emphasis as the language included in the joint explanatory
statement, unless specifically addressed to the contrary in
this joint explanatory statement. While repeating some report
language for emphasis, this joint explanatory statement does
not intend to negate the language referred to above unless
expressly provided herein.
TITLE I
DEPARTMENT OF DEFENSE
Reprogramming Guidelines.--The following reprogramming
guidelines apply for all military construction and family
housing projects. A project or account (including the sub-
elements of an account) which has been specifically reduced by
the Congress in acting on the budget request is considered to
be a congressional interest item and as such, prior approval is
required. Accordingly, no reprogramming to an item specifically
reduced below the threshold by the Congress is permitted,
except that the DOD may seek reprogramming for appropriated
increments.
The reprogramming criteria that apply to military
construction projects, which is 25 percent of the funded amount
or $2,000,000, whichever is less, also apply to new housing
construction projects and improvements. To provide the services
the flexibility to proceed with construction contracts without
disruption or delay, the costs associated with environmental
hazard remediation such as asbestos removal, radon abatement,
lead-based paint removal or abatement, and any other legislated
environmental hazard remediation may be excluded, if such
remediation requirements could not be reasonably anticipated at
the time of the budget submission. This exclusion applies to
projects authorized in this budget year, as well as projects
authorized in prior years for which construction has not been
completed.
In addition to these guidelines, the services are directed
to adhere to the guidance for military construction
reprogramming actions and notifications, including the
pertinent statutory authorities contained in DOD Financial
Management Regulation 7000.14-R and relevant updates and policy
memoranda. Further, the agreement encourages the Office of the
Director of National Intelligence to use a format similar to
that used by the Office of the Secretary of Defense to submit
reprogramming requests.
Natural Disasters and Military Installations Resiliency.--
The Committees support the military's continued focus on
building lasting and resilient military installations,
including methods that update hurricane-resistant building
codes for bases, barracks, hospitals, and airfields. The
Committees strongly support Department-wide initiatives such as
revised structure planning, conservation programs and modeling
new installations with the threat of sea-level rise in mind.
The agreement strongly urges DOD to prioritize investing in
climate-sustainable infrastructure projects because they yield
positive results, such as increased resiliency and cost-
savings. The agreement reiterates the direction provided in
House Report 116-63 that directs DOD to detail its plans to
further develop lasting and resilient military installations.
The agreement also includes $75,000,000 in planning and design
funds for the Services to address these and 10 U.S.C. 2864
master plan requirements in future military construction
programs.
Bid Savings.--Cost variation notices required by 10 U.S.C.
2853 continue to demonstrate the Department of Defense (DOD)
continues to have bid savings on previously appropriated
military construction projects. Therefore, the agreement
includes rescissions to the Defense-Wide military construction
account and the NATO Security Investment Program. The Secretary
of Defense is directed to continue to submit 1002 reports on
military construction bid savings at the end of each fiscal
quarter to the Committees.
Incremental Funding.--In general, the Committees support
full funding for military construction projects if they are
executable. However, it continues to be the practice of the
Committees to provide incremental funding for certain large
projects to enable the services to more efficiently allocate
military construction dollars among projects that can be
executed in the year of appropriation. Therefore, the agreement
includes 16 projects that have been incrementally funded,
however the full authorization of the projects was provided in
the National Defense Authorization Act, Fiscal Year 2020.
Facilities Sustainment, Restoration and Modernization
(FSRM).--The Department of Defense is directed to continue
describing on form 1390 the backlog of FSRM requirements at
installations with future construction projects. For troop
housing requests, form 1391 should describe any FSRM conducted
in the past two years. Likewise, future requirements for
unaccompanied housing at the corresponding installation should
be included. Additionally, the forms should include English
equivalent measurements for projects presented in metric
measurement. Rules for funding repairs of facilities under the
Operation and Maintenance accounts are described below:
(1) components of the facility may be repaired by
replacement. Such replacement can be up to current standards or
codes;
(2) interior arrangements and restorations may be included
as repair;
(3) additions and new facilities may be done concurrently
with repair projects, as long as the final conjunctively funded
project is a complete and usable facility; and
(4) the appropriate service secretary shall notify the
appropriate committees 21 days prior to carrying out any repair
project with an estimated cost in excess of $7,500,000.
Work In Progress Or Planned (WIP) Curve.--The Services and
the Office of the Secretary of Defense (on behalf of itself and
defense agencies) are directed to submit a WIP curve for each
project requested in a budget submission above $90,000,000 with
the 1391 justification to the congressional defense committees.
Due to the alarming amount of unawarded prior-year military
construction projects, the Secretary of Defense is directed to
report to the congressional defense committees quarterly,
beginning in the second quarter of fiscal year 2020 and each
quarter thereafter on projects that remain unawarded from the
current and prior fiscal years and the reasons therefore.
Finally, in order to improve transparency and consistent with
data publication required under 10 U.S.C. 2851, the agreement
directs the Secretary of Defense to submit reports to the
congressional defense committees on a quarterly basis starting
no later than the second quarter of fiscal year 2020
identifying contracts awarded in the relevant previous quarter
for projects funded in this title. At minimum the reports
should include: the project name and location, contract
solicitation and award date, and contract award amount.
Military Construction Thresholds.--The agreement places no
restriction on military construction funding levels that can be
requested by the Department, whether domestic or overseas
although the Secretary of the Army has issued guidance that the
cost for individual military construction projects should not
exceed $100,000,000. Project scopes should not be artificially
capped by cost and the agreement directs the Army to reevaluate
this practice and to include incorporating area cost factor
into any related guidance. In accordance with standing
practice, the Department is directed to request such funds for
military construction as may be necessary to meet military
requirements and can be responsibly executed.
Leveraging Military Construction for Emergent
Requirements.--The Committees recognize that other countries
are utilizing infrastructure to enhance national interest at a
higher rate of investment than the Department of Defense.
Military construction is vital to current and future force
readiness and can be a strategic asset to deter near-peer
competitors, particularly in nations that support U.S. posture
in the Indo-Asia-Pacific, such as Micronesia, the Marshall
Islands, and Palau. The agreement provides an additional
$10,000,000 in Defense-Wide planning and design for emergent
requirements in the Indo-Pacific Command (INDOPACOM) region
that support National Defense Strategy objectives to sustain
joint force military advantages and deter adversaries from
aggression against our national interest. INDOPACOM is directed
to provide a spend plan for these funds no later than 180 days
after enactment of this Act.
Project Delivery and Process Improvements.--Because of
concern with the number of projects delivered behind schedule
or over budget, the agreement directs the Secretary of Defense
to provide a report within 180 days of enactment of this Act on
the Department's progress in adopting best industry practices
and other initiatives to address and mitigate risks in the
delivery of construction projects. The report should include
descriptions of the specific improvements that have been
assessed and the extent of their implementation, the intended
results and metrics, suggested refinements to budget documents,
and individual assessments by the Secretaries concerned and DOD
construction agents on the extent to which they have
incorporated these improvements into their military
construction programs.
Construction Costs.--DOD faces increasing challenges
meeting its construction requirements in remote and highly
remote markets where projects are less competitive in the DOD
planning, programming, and budgeting process compared to those
in low costs markets, regardless of the importance of the
project to the DOD mission. Therefore, no later than 270 days
after enactment of this Act, the US Army Corps of Engineers
(USACE) and Naval Facilities Command (NAVFAC) are directed to
provide a report assessing strategies for controlling and
reducing costs to military construction projects. The report
shall specifically consider project costs in remote and highly
remote markets, including overseas markets in the Western and
Southern Pacific. The report shall also consider the costs that
DOD can control through the acquisition process, including
potential changes to procurement authorities that allow
preference of alternative, lower-cost building materials and
techniques, such as concrete curing, provided the materials and
techniques meet military specific design standards.
Natural Disaster Recovery.--Consistent with standard
practice, the agreement directs DOD to adhere to all applicable
laws concerning National Environmental Protection Act (NEPA)
requirements prior to beginning any site preparation or
construction. The agreement further directs DOD no later than
30 days after enactment of this Act to brief the congressional
defense committees on any steps that have been taken or are
expected to be taken related to military construction at
installations recovering from natural disasters that are not in
accordance with NEPA requirements.
Equivalent Standards.--The agreement encourages the
Secretary of Defense, in coordination with the Secretaries of
the Military Departments, to pursue the identification of
equivalent host nation standards as an option to align U.S. and
host country criteria and standards to improve project
delivery, particularly in those countries where construction
costs are escalating. Furthermore, the agreement encourages DOD
construction agents and project sponsors to utilize equivalent
standards as appropriate on DOD projects to the maximum extent
possible.
Federal, State and Local Intelligence Collaboration.--
Several states utilize National Guard Bureau (NGB) facilities
for intelligence analysis and fusion centers. As previously
indicated in Senate Report 115-130 and Senate Report 115-269,
the Committees remain supportive of such collaborative co-
location projects particularly as it relates to the NGB's Joint
Force Headquarters Analysis Cells concept. The Committees urge
the Department and the NGB to prioritize needed workplace
replacement projects, including Sensitive Compartmented
Information Facility projects to conduct State and Federal
intelligence analysis, in the fiscal year 2021 and future
budget submissions.
Child Development Centers (CDCs) and Quality of Life
(QOL).--Adequate childcare is vitally important to
servicemembers and their families, and the lack of Child
Development Centers (CDCs) creates an unnecessary hardship for
them. To address this shortfall, the agreement includes
$11,000,000 in each of the Services' planning and design
accounts to assist them in preparing for the construction of
new CDCs at the most underserved military installations. In
addition, the Committees expect the direction given in House
Report 116-63 to be followed.
Defense Access Roads.--Improving road safety at and around
military facilities is an important part of maintaining and
enhancing military readiness, and there is a concern that DOD's
lack of future planning for Defense Access Roads (DAR) and
transportation infrastructure needs around bases places
servicemembers and their families at risk especially at Reserve
bases. The agreement directs the Secretary of Defense in
consultation with the Secretary of Transportation to prioritize
all DAR certified roads and projects in the outyears 2021-2026.
The agreement directs the Secretary of Defense to provide a
list of planned DAR projects at active and reserve
installations no later than 60 days after the enactment of this
Act.
Military Construction, Army
The agreement provides $1,178,499,000 for ``Military
Construction, Army'', which is $275,000,000 below the budget
request. Within this amount, the agreement provides
$136,099,000 for study, planning, design, architect and
engineer services, and host nation support. The agreement also
provides an additional $11,000,000 above the request for
planning and design for child development centers.
Motorpools.-- The Committees look forward to receiving the
report requested in House Report 116-63 regarding the
modernization needs of motorpools that support the rapid
deployment of armored combat units.
Alaska Infrastructure Readiness Initiative.--The agreement
recognizes that U.S. Army Pacific senior leaders proposed an
Alaska Infrastructure Readiness Initiative to address
identified deficiencies in infrastructure in Alaska and
encourages the Army to pursue this initiative and provide
biannual reports to the Committees on Appropriations of both
Houses of Congress on its progress.
Range Expansion.--Recognizing the concern that the Army
lacks adequate testing and range space to test new, increased
range and capacity fires, and that it is currently in
discussions with Yuma Proving Grounds to provide additional
capability for testing, the agreement encourages the Army to
continue this planning and propose necessary resources in
future budgets to support this expansion.
Military Construction, Navy and Marine Corps
The agreement provides $2,449,632,000 for ``Military
Construction, Navy and Marine Corps'', which is $356,111,000
below the budget request. Within this amount, the agreement
provides $178,715,000 for study, planning, design, architect
and engineer services. The agreement also provides an
additional $11,000,000 above the request for planning and
design for child development centers.
Fire and Emergency Services.--There is continued concern
about the current state of fire and emergency services
facilities at installations across the country. Installations
such as Naval Support Activity Bethesda operate fire stations
built more than 70 years ago and are unable to be modified to
accommodate modern vehicles and fire trucks or provide the
appropriate livable quarters. Many of the stations lack the
appropriate fire suppression systems therefore rendering them
unusable. The Department of the Navy is directed to plan and
program sufficient funding to address fire and emergency
services shortfalls in its fiscal year 2021-2025 future years
defense program.
Navy Pier Replacement Master Plan.--To address concerns
that the Navy has not properly synchronized or prioritized pier
replacement projects the agreement directs the Secretary of the
Navy to provide to the congressional defense committees a
report no later than 90 days after enactment of this Act on
pier replacement projects in the fiscal years defense plan for
2021-2025.
Naval Shipyard Modernization.--The agreement supports the
Department's Shipyard Infrastructure Optimization Plan (SIOP)
submitted to Congress in February 2018. The Committees continue
to believe the Navy's assessment of public shipyard dry dock
capacity is particularly important, as it identifies 68
deferred maintenance availabilities under the status quo, 67 of
which are restored upon making the public shipyard dry dock
investments within the timeframe recommended by the plan.
Accordingly, the Secretary of the Navy is urged to prioritize
the timely funding of public shipyard infrastructure, and in
particular dry dock and shore infrastructure necessary to
support critical maintenance of surface and submarine fleets by
public shipyards.
The SIOP also includes ongoing feasibility assessments on
new concepts to improve shipyard maintenance efficiency. The
Committees expect the Navy to continue to assess these new
concepts without delaying construction improvements at the
public shipyards for which Congress has already appropriated
funding. As such, the Committees are disappointed that the Navy
cancelled for a second time a project requested and
appropriated for that would construct a dry dock waterfront
facility (P214) prior to providing a realistic plan to address
urgent safety issues and meet Pacific Fleet maintenance
requirements. The agreement directs the Secretary of the Navy
to develop a cost estimate for its dry dock production facility
(DDPF) concept, and to provide a report within 90 days of
enactment of this Act on the feasibility of programming and
constructing the lead DDPF at Pearl Harbor Naval Shipyard as a
replacement for P214. The agreement also directs the Secretary
of the Navy to include in such report the planned sustainment,
restoration, and modernization measures that will be undertaken
to mitigate the effect of a further delayed replacement
facility.
New Platforms and Weapons Systems.--There is concern that
the Department of the Navy's process to identify, plan, and
budget for requirements to provide adequate shore facilities
and infrastructure to support the deployment of new weapons
systems is flawed and that projects requested by the Department
do not include all facility and infrastructure requirements
needed to support the weapons systems, leading to the need to
alter the scope of the project or reprogram already scarce
funds. Therefore, the agreement directs the Secretary of the
Navy to provide a report within 180 days of enactment of this
Act on the Department's processes and timelines for identifying
the full range of infrastructure and range requirements
associated with the life cycle support for major weapons
systems, prior to the programming of those systems for
procurement. Specifically, the report should address (1) the
Department's processes and timelines associated with
incorporating those requirements into the program of record,
periodic reviews, and ultimately into annual budget
submissions; (2) the review and evaluation of the risk
associated with not funding certain requirements, to include
the assessment of the costs of workarounds; (3) how, when, and
to what extent organizations in the Department responsible for
the management of facilities and shore infrastructure are
incorporated into the process of identifying requirements and
developing budget input prior to the fielding of new equipment;
(4) the process to ensure that budget justification and
periodic program reviews include work needed to provide
adequate infrastructure, utilities, and other systems needed to
support the weapons systems; and (5) any impediments in law or
policy that impact the Department's ability to make decisions
about infrastructure investments associated with major weapons
system procurements.
Military Construction, Air Force
The agreement provides $1,687,230,000 for ``Military
Construction, Air Force'', which is $492,000,000 below the
budget request. Within this amount, the agreement provides
$153,148,000 for study, planning, design, architect and
engineer services. The agreement also provides an additional
$11,000,000 above the request for planning and design for child
development centers.
Defense Laboratory Modernization Pilot Program.--The
agreement includes an additional $111,000,000 to support three
Air Force laboratories located at Edwards AFB, Eglin AFB and
Nellis AFB.
Air Force Ballistic Missile Facilities.--There is concern
about the Air Force's decision to defer missile alert facility
(MAF) recapitalization until a Ground Based Strategic Deterrent
(GBSD) design solution has matured. While it is not responsible
to construct facilities that could soon be obsolete, the Air
Force should more thoroughly examine whether recapitalization
of MAFs is wholly incompatible with future GBSD design. The
agreement urges the Air Force to invest sufficiently in the
human component of the legacy weapons system and ensure
adequate funding for MAF sustainment, and recapitalization, as
necessary.
The agreement also recognizes the importance of the Weapons
Generation Facility (WGF) modernization program but remains
concerned about execution delays, cost overruns, and the impact
to follow on projects, which may experience similar challenges.
The agreement encourages the Air Force to continue to follow
its revised plan for construction and upgrades to the WGF
enterprise and to provide quarterly briefings to update the
Committees on status, requirements changes, and timelines for
current and future projects associated with the WGF
modernization program.
Corrosion Control and Painting Facilities.--There is
concern that the Air Force may not have adequate corrosion
control and painting facilities to support the RQ-4 aircraft.
For example, at Grand Forks Air Force Base, aircraft painting
is contracted out due to a lack of facilities that can support
these capabilities. Therefore, the agreement directs the
Secretary of the Air Force to report within 90 days of
enactment of this Act on its capacity to perform corrosion
control and painting activities for the RQ-4 aircraft, the
outstanding infrastructure requirements needed to support these
efforts, and whether these requirements can be met with
facility sustainment, restoration, and modernization funding or
military construction.
Military Construction, Defense-Wide
(INCLUDING TRANSFER OF FUNDS)
The agreement provides $2,362,529,000 for ``Military
Construction, Defense-Wide'', which is $141,661,000 below the
budget request. Within this amount, the agreement provides
$298,655,000 for study, planning, design, architect and
engineer services.
Energy Resilience and Conservation Investment Program
(ERCIP).--The agreement provides $232,630,000 for ERCIP, an
increase of $82,630,000 above the budget request to fund seven
unfunded requirements of the program for energy resilience.
Also, an additional $13,300,000 is provided under the Defense-
Wide planning and design account specifically for ERCIP. The
Secretary of Defense is directed to submit to the congressional
defense committees a spend plan for the additional ERCIP funds,
to include the planning and design funds, no later than 30 days
after enactment of this Act.
Renewable Energy Systems, Energy Conservation, and Energy
Policy.--The agreement supports the Department's efforts to
improve energy resilience, improve mission assurance, save
energy, and reduce energy costs. DOD must continue to increase
the integration of alternative energy sources, particularly
through renewable sources at all military facilities and
installations. The Committees expect DOD to follow all
directives provided in House Report 116-63 regarding Renewable
Energy Systems, Energy Conservation, and Energy Policy.
Fuel Storage Assurance.--The agreement recognizes the
important role that assured access to adequate fuel has on the
Joint Force's readiness and the challenges the Defense
Logistics Agency will face funding fuel storage requirements
from within its existing military construction account that
accommodate future force structure and posture requirements,
environmental regulations, and other changes affecting the
Joint Force's fuel needs. No later than 180 days after
enactment of this Act, the agreement directs the Secretary of
Defense to provide a report assessing the feasibility of
meeting future fuel storage infrastructure requirements in
DOD's planning, programming, and budgeting process, using a
Joint Force funding construct.
Military Construction, Army National Guard
The agreement provides $210,819,000 for ``Military
Construction, Army National Guard'', which is the same as the
budget request. Within this amount, the agreement provides
$20,469,000 for study, planning, design, architect and engineer
services.
Readiness Center Transformation Master Plan.--The Army
National Guard (ARNG) should continue to dedicate funding to
implement the Readiness Center Transformation Master Plan. The
Committees urge the Army and ARNG leadership to sufficiently
budget for military construction so that sustained investment
in Readiness Center transformation does not result in severely
neglected operational facilities across the remaining
infrastructure enterprise.
Regional Training Institutes.--The Committees recognize the
importance of Regional Training Institutes (RTI) across the
country for the readiness of ARNG and are concerned about the
lack of infrastructure to support the mission of the RTIs. For
example, the RTI at Fort Hood is lacking sufficient facilities
to provide the proper training to achieve optimum readiness.
The Committees urge the Department of Defense to prioritize
facilities for this important and vital mission of ARNG and
Army Reserve.
National Guard Training Center.--The Committees recognize
the importance of the National Guard Texas Training Center,
which has been in development since 2010 and has had execution
delays. The Committees recognize that the Texas Training Center
remains a high priority and the Texas Army National Guard shall
continue its efforts to establish the Center. The agreement
directs the Director of the Army National Guard to provide a
progress report to the congressional defense committees no
later than 90 days after enactment of this Act.''
Military Construction, Air National Guard
The agreement provides $164,471,000 for ``Military
Construction, Air National Guard'', which is $1,500,000 below
the budget request. Within this amount, the agreement provides
$17,000,000 for study, planning, design, architect and engineer
services.
MQ-9 Facilities.--Some Air National Guard MQ-9 units will
require new operations facilities in the coming years to be
able to continue executing the MQ-9 mission. The National Guard
Bureau should continue to prioritize funding for necessary
construction projects in future budget requests to avoid
unnecessary risk to MQ-9 operations.
Military Construction, Army Reserve
The agreement provides $60,928,000 for ``Military
Construction, Army Reserve'', which is the same as the budget
request. Within this amount, the agreement provides $6,000,000
for study, planning, design, architect and engineer services.
Military Construction, Navy Reserve
The agreement provides $54,955,000 for ``Military
Construction, Navy Reserve'', which is the same as the budget
request. Within this amount, the agreement provides $4,780,000
for study, planning, design, architect and engineer services.
Military Construction, Air Force Reserve
The agreement provides $59,750,000 for ``Military
Construction, Air Force Reserve'', which is the same as the
budget request. Within this amount, the agreement provides
$4,604,000 for study, planning, design, architect and engineer
services.
North Atlantic Treaty Organization Security Investment Program
The agreement provides $172,005,000 for the ``North
Atlantic Treaty Organization Security Investment Program'', an
increase of $27,965,000 above the budget request.
DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT
The agreement provides $398,526,000 for the ``Department of
Defense Base Closure Account'', which is $120,000,000 above the
budget request.
The agreement provides an additional $60,000,000 for the
Navy to accelerate environmental remediation at installations
closed under previous Base Closure and Realignment rounds.
Furthermore, the Navy shall provide to the Committees a spend
plan for these additional funds no later than 60 days after
enactment of this Act.
Perfluorooctane Sulfonate (PFOS) and Perfluorooctanoic Acid
(PFOA).--The agreement provides an additional $60,000,000 above
the budget request to address PFOS and PFOA cleanup. The
Secretary of Defense is directed to submit a spend plan no
later than 60 days after enactment of this Act regarding the
use of these additional funds.
The Committees are concerned about the extent PFOS/PFOA
contamination at U.S. military installations. While this
division only covers military installations funded through the
Base Realignment and Closure (BRAC) account that are affected
by PFOS/PFOA, the issue is not limited to the Department of
Defense and affects many communities across the Nation. The
Department is directed to engage the Environmental Protection
Agency as it evaluates the need for a maximum containment
level, as provided by the Safe Drinking Water Act, as well as
designate these chemicals as hazardous under the Comprehensive
Environmental Response, Compensation, and Liability Act, and to
keep the Committees apprised of new findings of PFOS/PFOA at
BRAC sites.
DEPARTMENT OF DEFENSE
Family Housing
ITEMS OF INTEREST
Housing Support and Management Costs.--The agreement also
includes section 131 under Administrative Provisions that
provides an additional $140,800,000 above the budget request
for Family Housing Support and Management Costs to increase the
Services' ability to provide oversight and management, and
personnel to track current and future issues that may affect
military family housing. The additional funds were identified
by the Services on the Unfunded Priority list submitted to
Congress by the Service Secretaries.
Military Privatized Housing.--Quality military housing is a
key component of military readiness and quality of life, and
the health of our servicemembers and their families is of the
utmost importance. Substandard living conditions negatively
affect the ability to recruit and retain servicemembers to the
detriment of U.S. national security interests. Among other
things, House Report 116-63 directed the Services to establish
and maintain procedures for ensuring appropriate response and
remediation efforts to safety and health threats in military
housing managed by private sector property management
companies. DOD is expected to comply with all the directives
included in House Report 116-63.
FAMILY HOUSING CONSTRUCTION, ARMY
The agreement provides $141,372,000 for ``Family Housing
Construction, Army'', which is the same as the budget request.
FAMILY HOUSING OPERATION AND MAINTENANCE, ARMY
The agreement provides $357,907,000 for ``Family Housing
Operation and Maintenance, Army'', which is the same as the
budget request.
FAMILY HOUSING CONSTRUCTION, NAVY AND MARINE CORPS
The agreement provides $47,661,000 for ``Family Housing
Construction, Navy and Marine Corps'', which is the same as the
budget request.
FAMILY HOUSING OPERATION AND MAINTENANCE, NAVY AND MARINE CORPS
The agreement provides $317,870,000 for ``Family Housing
Operation and Maintenance, Navy and Marine Corps'', which is
the same as the budget request.
FAMILY HOUSING CONSTRUCTION, AIR FORCE
The agreement provides $103,631,000 for ``Family Housing
Construction, Air Force'', which is the same as the budget
request.
FAMILY HOUSING OPERATION AND MAINTENANCE, AIR FORCE
The agreement provides $295,016,000 for ``Family Housing
Operation and Maintenance, Air Force'', which is the same as
the budget request.
FAMILY HOUSING OPERATION AND MAINTENANCE, DEFENSE-WIDE
The agreement provides $57,000,000 for ``Family Housing
Operation and Maintenance, Defense-Wide'', which is the same as
the budget request.
DEPARTMENT OF DEFENSE FAMILY HOUSING IMPROVEMENT FUND
The agreement provides $3,045,000 for the ``Department of
Defense Family Housing Improvement Fund'', which is the same as
the budget request.
DEPARTMENT OF DEFENSE MILITARY UNACCOMPANIED HOUSING IMPROVEMENT FUND
The agreement provides $500,000 for the ``Department of
Defense Military Unaccompanied Housing Improvement Fund'',
which is the same as the budget request.
ADMINISTRATIVE PROVISIONS
(INCLUDING TRANSFERS AND RESCISSIONS OF FUNDS)
The agreement includes section 101 limiting the use of
funds under a cost-plus-a-fixed-fee contract.
The agreement includes section 102 allowing the use of
construction funds in this title for hire of passenger motor
vehicles.
The agreement includes section 103 allowing the use of
construction funds in this title for advances to the Federal
Highway Administration for the construction of access roads.
The agreement includes section 104 prohibiting construction
of new bases in the United States without a specific
appropriation.
The agreement includes section 105 limiting the use of
funds for the purchase of land or land easements that exceed
100 percent of the value.
The agreement includes section 106 prohibiting the use of
funds, except funds appropriated in this title for that
purpose, for family housing.
The agreement includes section 107 limiting the use of
minor construction funds to transfer or relocate activities.
The agreement includes section 108 prohibiting the
procurement of steel unless American producers, fabricators,
and manufacturers have been allowed to compete.
The agreement includes section 109 prohibiting the use of
construction or family housing funds to pay real property taxes
in any foreign nation.
The agreement includes section 110 prohibiting the use of
funds to initiate a new installation overseas without prior
notification.
The agreement includes section 111 establishing a
preference for American architectural and engineering services
for overseas projects.
The agreement includes section 112 establishing a
preference for American contractors in United States
territories and possessions in the Pacific and on Kwajalein
Atoll and in countries bordering the Arabian Gulf.
The agreement includes section 113 requiring congressional
notification of military exercises when construction costs
exceed $100,000.
The agreement includes section 114 allowing funds
appropriated in prior years for new projects authorized during
the current session of Congress.
The agreement includes section 115 allowing the use of
expired or lapsed funds to pay the cost of supervision for any
project being completed with lapsed funds.
The agreement includes section 116 allowing military
construction funds to be available for five years.
The agreement includes section 117 allowing the transfer of
funds from Family Housing Construction accounts to the Family
Housing Improvement Program.
The agreement includes section 118 allowing transfers to
the Homeowners Assistance Fund.
The agreement includes section 119 limiting the source of
operation and maintenance funds for flag and general officer
quarters and allowing for notification by electronic medium.
The provision also requires an annual report on the
expenditures of each quarters.
The agreement includes section 120 extending the
availability of funds in the Ford Island Improvement Account.
The agreement includes section 121 allowing the transfer of
expired funds to the Foreign Currency Fluctuations,
Construction, Defense account.
The agreement includes section 122 allowing for the
reprogramming of construction funds among projects and
activities subject to certain criteria.
The agreement includes section 123 prohibiting the
obligation or expenditure of funds provided to the Department
of Defense for military construction for projects at Arlington
National Cemetery.
The agreement includes section 124 providing additional
construction funds for various Military Construction accounts.
The agreement includes section 125 rescinding funds from
prior Appropriation Acts from various accounts.
The agreement includes section 126 defining the
congressional defense committees.
The agreement includes section 127 prohibiting the use of
funds in this Act to close or realign Naval Station Guantanamo
Bay, Cuba. The provision is intended to prevent the closure or
realignment of the installation out of the possession of the
United States and maintain the Naval Station's long-standing
regional security and migrant operations missions.
The agreement includes section 128 restricting funds in the
Act to be used to consolidate or relocate any element of Air
Force Rapid Engineer Deployable Heavy Operational Repair
Squadron Engineer until certain conditions are met.
The agreement includes section 129 directing all amounts
appropriated to ``Military Construction, Army'', ``Military
Construction, Navy and Marine Corps'', ``Military Construction,
Air Force'', and ``Military Construction, Defense-Wide''
accounts be immediately available and allotted for the full
scope of authorized projects.
The agreement includes section 130 providing additional
funds for planning and design, for improving military
installation resilience.
The agreement includes section 131 providing additional
funds for Family Housing Support and Management Costs.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
TITLE II
DEPARTMENT OF VETERANS AFFAIRS
Items of Special Interest
Notification of Allegations.--Reports of alleged negligence
or criminal behavior by VA providers that may have resulted in
serious health outcomes raise extreme concerns. In multiple
cases, there were warning signs of reckless or illegal behavior
that were not reported or acted upon in a timely manner and may
have resulted in the death of multiple veterans. Therefore, the
bill maintains a provision requiring the Department to develop
a plan to reduce the chances that clinical mistakes by VA
employees will result in adverse events that require
institutional or clinical disclosures, as VA has not adequately
addressed the requirement. The agreement directs the Secretary
to develop processes and procedures for staff of medical
facilities to report concerns to Veterans Integrated Service
Network (VISN) and Departmental leaders for awareness and
action, as well as procedures for expediting any remedial or
follow-up care, an impact analysis, and a communication and
education plan for making staff aware of the appropriate
protocols. The agreement further directs the Department to
report on this effort, as well as VA's recent commitment to
retrain all Veterans Health Administration leadership and
personnel, to the Committees on Appropriations of both Houses
of Congress within 30 days of enactment of this Act.
Blue Water Navy Veterans.--The agreement includes funds to
address the personnel, support and Information Technology costs
required to implement the Blue Water Navy Vietnam Veterans Act
of 2019 (Public Law 116-23) by January 1, 2020. Although the
administration refused to submit a formal request for these
funds, the Committees appreciate VA's efforts to prepare for
this increase in complex cases and to prevent increases in the
disability claims backlog.
Transition from Active Duty to Civilian Life.--The
Department is encouraged, in consultation with the Departments
of Defense and Labor, to partner with community-built networks
and non-profit programs, including faith-based programs, that
provide wraparound employment and counseling services to
veterans and their families, including high-risk veterans, to
ensure they have a successful transition to civilian life.
Contract Oversight.--The Department's lack of transparency
in the contracting process, including reported incidents of
willful misrepresentation of veteran or service-disabled
veteran status for the purposes of winning Federal contract
set-asides, remains a concern. The agreement directs the
Department, in consultation with relevant agency partners, to
provide any regulatory or legislative actions that would serve
as further disincentives to this fraudulent behavior. Due to
concern over the lack of visibility into contractor
performance, the agreement requires the Department to submit to
the Committees on Appropriations and Veterans' Affairs of both
Houses of Congress notification whenever the Secretary provides
notice to a contracted service provider that the service
provider is failing to meet contractual obligations. At a
minimum, the notification should include: (1) an explanation of
the reasons for providing such notice; (2) a description of the
effect of such failure, including with respect to cost,
schedule, and requirements; (3) a description of the actions
taken by the Secretary to mitigate such failure; and, (4) a
description of the actions taken by the contractor to address
such failure.
Use of Authority to Convert Non-Medical Services to
Contract Performance by Native Hawaiian Organizations or Indian
Tribes.--Section 238 of the Energy and Water, Legislative
Branch, and Military Construction and Veterans Affairs
Appropriations Act, 2019 (Public Law 115-244) maintained VA's
authority to convert activities or functions of VBA, VHA, and
NCA to contractor performance by businesses that are at least
51 percent owned by one or more Indian tribes as defined in
section 5304(e) of title 25, United States Code, or one or more
Native Hawaiian Organizations as defined in section 637(a)(15)
of title 15, United States Code. The agreement directs the
Department to submit a report to the Committees on
Appropriations of both Houses of Congress no later than 180
days after enactment of this Act detailing VA's use of this
authority to date and its plan for using it in the future.
Discontinued Use of Social Security Numbers.--Section 239
of Public Law 115-244 required the Department to discontinue
using Social Security account numbers to identify individuals
in all information systems of the Department within 5 years for
new claims and 8 years for all others. To date, the Department
has not yet provided Congress with any information regarding
its plan to implement this statutory requirement. The agreement
directs the Department to report to the Committees on
Appropriations and Veterans' Affairs of both Houses of Congress
within 120 days of enactment of this Act a detailed timeline
for implementation of this requirement and any budgetary
requirements needed to carry it out.
Security Risk Management.--Providing welcoming access to
Department facilities while maintaining the necessary security
is challenging. However, the Committees are concerned that the
Department's current risk management policies and police
governance processes are not sufficient to ensure medical
facilities are adequately protected. The Department is urged to
quickly implement the recommendations in the Office of
Inspector General (OIG) report entitled, ``Inadequate
Governance of the VA Police Program at Medical Facilities.''
Debt Recoupment.--The Department has not yet developed a
way to track debt incurred by an individual veteran, and how
much of that debt is a result of processing delays or errors by
VA. The agreement requires the Department to submit to the
Committees on Appropriations of both Houses of Congress within
120 days of enactment of this Act a plan and timeline for
tracking the cause of a debt incurred by a veteran. Further,
the Department should consider that debt assigned to a veteran
due to a delay or mistake in processing by VA or a VA employee
is considered by the Committees, for purposes of tracking, to
be an error by the Department.
Unobligated Balances of Expired Discretionary Funds.--The
agreement directs the Secretary to submit to the Committees on
Appropriations of both Houses of Congress a report no later
than April 15, 2020, and quarterly thereafter, detailing all
unobligated balances of expired discretionary funds by fiscal
year.
Veterans Benefits Administration
COMPENSATION AND PENSIONS
(INCLUDING TRANSFER OF FUNDS)
The agreement provides $118,246,975,000 for Compensation
and Pensions in advance for fiscal year 2021. Of the amount
provided, not more than $18,147,000 is to be transferred to
General Operating Expenses, Veterans Benefits Administration
(VBA) and Information Technology Systems for reimbursement of
necessary expenses in implementing provisions of title 38. The
agreement also provides $1,439,931,000 for fiscal year 2020 in
addition to the advance appropriation provided last year based
on the administration's estimate of claims under the Blue Water
Navy Vietnam Veterans Act.
READJUSTMENT BENEFITS
The agreement provides $12,578,965,000 for Readjustment
Benefits in advance for fiscal year 2021.
VETERANS INSURANCE AND INDEMNITIES
The agreement provides $129,224,000 for Veterans Insurance
and Indemnities in advance for fiscal year 2021. The agreement
also provides $17,620,000 for fiscal year 2020 in addition to
the advance appropriation provided last year.
VETERANS HOUSING BENEFIT PROGRAM FUND
The agreement provides such sums as may be necessary for
costs associated with direct and guaranteed loans for the
Veterans Housing Benefit Program Fund. The agreement limits
obligations for direct loans to not more than $500,000 and
provides that $200,377,391 shall be available for
administrative expenses.
VOCATIONAL REHABILITATION LOANS PROGRAM ACCOUNT
The agreement provides $57,729 for the cost of direct loans
from the Vocational Rehabilitation Loans Program Account, plus
$401,880 to be paid to the appropriation for General Operating
Expenses, Veterans Benefits Administration. The agreement
provides for a direct loan limitation of $2,008,232.
NATIVE AMERICAN HOUSING LOAN PROGRAM ACCOUNT
The agreement provides $1,186,000 for administrative
expenses of the Native American Veteran Housing Loan Program
Account.
GENERAL OPERATING EXPENSES, VETERANS BENEFITS ADMINISTRATION
The agreement provides $3,125,000,000 for General Operating
Expenses, Veterans Benefits Administration and, of the amount
provided, not to exceed 10 percent is available for obligation
until September 30, 2021.
The agreement provides $125,000,000 above the request to
hire additional claims and appellate staff and to meet the
requirements to implement the Blue Water Navy Vietnam Veterans
Act. The agreement requires VA to report to the Committees on
Appropriations of both Houses of Congress on a quarterly basis
information related to claims considered under the Blue Water
Navy Vietnam Veterans Act. This information should include
timeliness measures as well as grant and denial rates for these
claims. The agreement requires the Department to provide
monthly updates on performance measures for each Regional
Office.
Veterans Transportation Program.--The agreement recognizes
the importance of the Veterans Transportation Program and the
role it plays in improving access to care by assisting Veterans
in overcoming transportation barriers when accessing VHA
services.
Equitable Relief.--As described in House Report 116-63, the
Secretary is directed to continue to grant or extend equitable
relief to eligible veterans initially deemed eligible in
instances of administrative error.
Education Benefits.--The Committees are concerned about the
levels of overpayments and improper payments being paid to GI
Bill beneficiaries. The agreement directs VA to work with
education stakeholders to ensure that veteran educational
benefits are paid in a timely and accurate manner, and that
efforts to recoup any overpayments or improper payments are
fair and not overly burdensome on student veterans and their
families. The agreement further directs VA, in collaboration
with the Departments of Defense and Education, to provide an
interagency report on the development and continued
implementation of the Principles of Excellence, oversight of
institutions complying with the Principles, and appropriate and
timely accountability measures for educational programs
receiving Federal funding. Lastly, the agreement directs the
Department to continue to reform the compliance survey process
to allow early detection of fraudulent marketing or predatory
recruiting practices among institutions of higher learning, and
to codify a set of tools that is sufficiently agile enough to
curtail the behavior of scamming institutions.
Education Data Collection and Sharing.--The Committees
believe that both students and VA should be able to make more
evidence-based decisions when it comes to veterans' education.
The agreement directs the Department to work with the
Departments of Education and Defense to ensure that there is a
comprehensive database, or at a minimum, a set of data-sharing
agreements in place between Federal entities involved in the
administration of Federal resources related to veteran
educational attainment. The agreement further directs the
Department to provide an interagency report on the development
and implementation of data-sharing agreements, and the uses and
effectiveness of the data shared. The report must be completed
and provided to the Committees on Appropriations of both Houses
of Congress no later than 270 days after enactment of this Act.
Gulf War Veterans Claims for Service-Connected Disability
Compensation.--The Department's high rates of denial of Gulf
War veterans' claims for undiagnosed illnesses and chronic
multi-symptom illnesses continue to be concerning. The
agreement directs the Department to continue to seek ways to
improve the grant rate for disability claims and to better
address the needs of those veterans suffering with undiagnosed
illnesses and chronic multi-symptom illnesses after their Gulf
War service.
Medical Disability Exams.--Consistent with statute, the
agreement directs the Department to ensure that any non-VA
physician contracted to conduct medical disability examinations
must have a current unrestricted license to practice as a
physician, and is not barred from practicing in any State, the
District of Columbia, or a Commonwealth, Territory, or
possession of the United States.
Vocational Rehabilitation and Employment Service Counselor
to Client Ratio.--The significant understaffing within
rehabilitation programs negatively impacts veterans with a
service-connected disability using these programs. The
agreement encourages the Department to seek opportunities to
expand staffing counselors in these critical areas in order to
reach the ratio of 125 veterans to one full-time equivalent
(FTE) position, and to provide the comprehensive individualized
services that these veterans have earned.
VetSuccess on Campus.--The agreement strongly encourages VA
to continue to support the VetSuccess on Campus program and
expand to additional schools.
Anti-Recidivism Programs.--The agreement encourages VA to
look for opportunities to partner with non-profit organizations
that provide programs for incarcerated veterans to reduce the
likelihood of recidivism. VA should consider partnering with
organizations that provide combined services to veterans to
support their transition out of incarceration to being
productive members of the communities to which they return. As
VA pursues these partnerships, the agreement encourages the
establishment of metrics to measure the partnerships'
effectiveness, including reduced recidivism rates among
veterans.
GI Bill Apprenticeships and On-the-Job-Training.--
Apprenticeships and on-the-job training (OJT) programs are
important tools in teaching veterans valuable skills and aiding
veterans in securing employment after transitioning from
military service. However, these programs are largely
underutilized by veterans. The agreement directs VA to provide
a briefing to the Committees on Appropriations of both Houses
of Congress no later than 90 days after enactment of this Act
to update the Committees on the Department's efforts to promote
awareness and increased utilization of apprenticeships and OJT,
including VA's plans for tracking data on program outcomes,
such as employment and income information, as well as
information concerning any funding needs or necessary
legislative changes to ensure these programs' success.
Veterans Health Administration
Importance of In-House VA Care.--As VA continues to
implement the John S. McCain III, Daniel K. Akaka, and Samuel
R. Johnson VA Maintaining Internal Systems and Strengthening
Integrated Outside Networks (MISSION) Act of 2018 (Public Law
115-182), the Committees recognize the vital role of VA's
healthcare facilities in serving the unique needs of veterans.
VA's medical centers, community-based outpatient centers, and
other facilities provide veterans with necessary services --
such as audiology, prosthetics, mental health services for
post-traumatic stress disorder and traumatic brain injury, and
rehabilitation services for spinal cord injuries--that are
highly specialized and at which VA often has more expertise
than community providers. Veterans overwhelmingly report they
are satisfied with the care they receive at VA healthcare
facilities. Research has also consistently shown that VA
produces as good, if not better, health outcomes as the private
sector. In addition, VA healthcare facilities play a critical
role in our Nation's health system in training new doctors,
nurses, and other medical providers; conducting lifesaving
medical research; providing nationwide emergency preparedness
support; and innovating many best practices in healthcare
delivery. The Committees, therefore, stress the importance of
VA continuing to fully fund, fully staff, and appropriately
maintain its healthcare facilities, even as the VA MISSION Act
is implemented. The agreement requires VA to continue to
enhance the services provided in its facilities to ensure that
VA healthcare continues to be of the quality and effectiveness
that veterans have come to expect.
VA MISSION Act.--The agreement provides $8,908,585,000 in
fiscal year 2020 and $11,291,827,000 in fiscal year 2021,
consistent with the budget request, to implement the VA MISSION
Act. The agreement fully funds the Department's request in
order to provide greater access to timely and quality care for
veterans, both in VA and in the community, but is interested in
closely monitoring the financial impact of the access
standards.
The agreement directs the Department to submit quarterly
reports to the Committees on: (1) the number of veterans served
by each authority for care outlined in section 1703(d) of title
38, United States Code (i.e., the Department does not offer the
care, the Department does not operate a full-service medical
facility in the State in which the covered veteran resides,
etc.); (2) the cost of such care broken out by the authorities
in section 1703(d); and (3) the timeliness of care, on average.
In addition, the agreement directs the Department to submit
monthly reports to the Committees on Appropriations of both
Houses of Congress identifying available resources,
obligations, authorizations, and anticipated funding needs.
These monthly reports should include the Veterans Choice Fund
balances and clearly show funds from the Veterans Choice Fund
used to support new non-VA care authorizations since June 6,
2019. The reports should also include detail on the timing of
authorization of care and the obligation of funds.
Allocations.--The Committees remind the Department, in
accordance with the Joint Explanatory Statement accompanying
Public Law 115-244, that it was directed to consult with the
Committees on Appropriations and Veterans Affairs of both
Houses of Congress before any future attempts are made to
realign Specific Purpose funding to General Purpose funding,
and that such future realignments must be proposed in an annual
budget submission. No such consultation occurred, and the
fiscal year 2020 budget submission did not reflect any
conversion of funding. Therefore, the agreement directs that
the Department not convert any Special Purpose funding to
General Purpose funding in fiscal year 2020.
Joint National Intrepid Spirit Center.--The agreement
directs the VA/DOD Health Executive Committee to provide a
report to the Committees on Appropriations of both Houses of
Congress no later than 60 days after enactment of this Act on
the Departments' collaborative efforts related to traumatic
brain injury (TBI) care, research and education to improve the
quality of and access to TBI care, and the pros and cons of
establishing a joint DOD/VA Intrepid Spirit Center that serves
both the active duty and veteran populations for the mutual
benefit and growth in treatment and care. The report should
include an analysis of how better to serve servicemembers and
veterans with TBI in areas with limited access to TBI care
(i.e., rural areas), including the establishment of a joint
DOD/VA Intrepid Spirit Center in such an area. The report must
include an analysis of existing DOD medical facilities that
partner with VA, existing warrior transition units or similar
units that support active duty servicemembers who require
comprehensive care, and academic institutions specializing in
Polytrauma/TBI in geographic locations without an existing
National Intrepid Center of Excellence or Intrepid Spirit
Center. In addition, the report should propose metrics that
demonstrate short-term as well as long-term (i.e., 6 to 24
months) program effectiveness, including sustainability of
patient independence by geographic area, a plan to collect
longitudinal data to analyze longer-term effects, and the
financial requirements to establish and maintain such a Center.
Prompt Payment.--The Committees remain committed to
supporting VA's efforts to ensure timely reimbursement for non-
VA healthcare providers and facilities that provide necessary
care for our veterans. The agreement encourages the Department
to provide strong oversight and improve timely payment to non-
VA providers. The agreement also urges VA to facilitate the
completion of all outstanding reimbursements as promptly as
possible.
Public-Private Partnerships.--The Department's research
investment could be expanded to leverage non-Federal
initiatives that provide the opportunity for strong co-location
of VA and university biomedical scientists for translational
investigation, which has high potential for precision medicine
outcomes for wounded warriors and other high-risk veteran
populations. The agreement notes the high concentration of VA
research enterprises on the Nation's two coasts and urges the
Under Secretary for Health to expedite consideration of
proposals for the Department to lease space from research
complexes where there is multi-disciplinary investigation
related to veterans and wounded warriors, including medicine,
engineering and veterinary science. Such consideration should
be timely to inform action in the fiscal year 2021 budget.
Medical Center Internet Access.--The Committees believe
that having access to WiFi and the internet at VA medical
facilities is important, and while many VA facilities provide
internet access in certain specific locations, access is not
provided to inpatient treatment rooms or waiting areas across
the campus. The agreement directs the Department to assess
internet coverage for veterans and guests across facilities,
and to report on the current status of internet access, the
cost estimates for expanding internet coverage to all
appropriate locations at VA facilities, and the infrastructure
and cyber security requirements to support such expansion. The
report must be provided to the Committees on Appropriations of
both Houses of Congress within 180 days of enactment of this
Act.
Veterans Health Administration Staffing Model.--It is
critical that VHA develop a staffing model to better understand
and more quickly address staffing needs across the
organization, particularly in critical need occupations. The
agreement directs OIG to review VHA's progress in developing a
comprehensive staffing model and timeline for implementation.
The agreement further directs OIG to meet with the Committees
within 30 days of enactment of this Act to discuss details of
the planned study.
Emergency Room Claims.--The United States Court of Appeals
for Veterans Claims decided in Wolfe v. Wilkie that VA was
responsible for reimbursing veterans inappropriately denied
payment for emergency care obtained outside of the VA system.
The agreement directs the Department to undertake a review of
post-April 8, 2016, rejected and denied emergency care claims,
and to explore the feasibility of reviewing claims rejected or
denied prior to that date. Further, the agreement directs the
Department to examine what it can do to mitigate the financial
damage done to those veterans whose unpaid emergency care
claims were sent to a collection agency and now have damaged
credit. Finally, the agreement directs the Department to
provide a detailed plan for how it will re-adjudicate
inappropriately denied post-April 8, 2016 claims; describe
whether and how it will review claims denied or rejected before
that date; provide an analysis of how it came to that
conclusion; and describe steps it will take to mitigate damage
done to veterans' credit within 90 days of enactment of the
Act. The Committees expect that the Department will implement
measures to avoid similar outcomes in the future.
Reporting on VA Healthcare Facilities for Treatment of
Women.--The agreement directs the Department to submit a report
to the Committees on Appropriations of both Houses of Congress
no later than 90 days after enactment of this Act, and annually
thereafter, with the following information: the number of
facilities in each model of delivery of care to women (by VISN
and by State); the criteria used to determine which model is
most appropriate for each facility; the triggers or criteria to
upgrade facilities to the next higher model; plans, if any, to
upgrade facilities from the lowest model (General Primary Care
Clinics) to a higher model within planned Strategic Capital
Investment Planning (SCIP) investments; and whether VA has a
plan or goal for how many facilities should fall into each of
the models of care.
MEDICAL SERVICES
The agreement provides $56,158,015,000 in advance for
fiscal year 2021 for Medical Services and makes $1,500,000,000
of the advance available through fiscal year 2022. The
agreement includes bill language requiring the Secretary to
ensure that sufficient amounts are available for the
acquisition of prosthetics designed specifically for female
veterans. Of the amounts provided, the agreement provides that
at least $585,000,000 shall be dedicated to gender-specific
care for women.
Caregivers Support
The agreement includes $710,000,000 for VA's Caregivers
Program, which VA is expected to dedicate to the Caregivers
Program and not divert resources to other areas. The Department
should note that notification should be provided to the
Committees of any attempts to reprogram this funding.
Expansion and Support for Caregivers.--The Caregivers
Program was enhanced as part of the VA MISSION Act, and the
Department is expected to carry out this expansion according to
the statutory timeline, and to fully staff the program,
including ensuring that the Caregiver Coordinators at each
Medical Center are fully resourced and, to the maximum extent
possible, assigned designated caregiver duties as their chief
and only responsibility. The agreement directs VA to provide
quarterly projections and monthly expenditure reports for the
Caregivers Program to the Committees on Appropriations of both
Houses of Congress. These reports should also highlight any
changes to the implementation schedule due to the Department's
decision-making delays, as well as the timing of information
technology requirements.
Additionally, the Committees are concerned by recent
actions of the Department to implement policy changes that
would limit eligibility of veterans and caregivers or curtail
the support services provided to them. Any steps to limit
eligibility are rejected by the Congress and the agreement
directs the Department to submit a report detailing
justification no later than 180 days prior to any changes in
eligibility criteria not made as a result of public law.
The Committees recognize that many caregivers for severely
wounded veterans face a reduction in outside earnings,
resulting in difficulties meeting financial obligations,
including student loan debt held by the caregiver. The
agreement directs the Department to survey all caregivers
currently in the program who seek the financial planning
services required under the VA MISSION Act, in order to
identify the number possessing outstanding student loan debt,
and to develop a plan to monitor this issue, including
providing counseling related to student loan and other debt
management, under such financial planning services to
caregivers required by the VA MISSION Act.
Mental Health
Mental Health and Suicide Prevention.--The agreement
provides $9,432,833,000 in discretionary funds for mental
health programs, which is $20,000,000 above the budget request,
and includes $221,765,000 for suicide prevention outreach. The
Secretary is directed to make any necessary improvements to
Veterans Crisis Line (VCL) operations including, but not
limited to, ensuring appropriate staffing for call centers and
back-up centers, providing necessary training for VCL staff,
and ensuring that staff are able to appropriately and
effectively respond to the needs of veterans needing
assistance. The Secretary is also directed to provide the
Committees on Appropriations of both Houses of Congress a
report, no later than 90 days after enactment of this Act,
which contains an update detailing findings on the outcomes and
efficacy of the VCL from the Veterans Crisis Line Study Act of
2017.
The agreement also maintains the direction provided in
House Report 116-63 for VA to implement a safety plan to
address parking lot suicides and expand the Coaching Into Care
program, remove barriers that impact a veteran's ability to
receive mental healthcare, and implement a program to educate
local law enforcement on how to deal with veterans during a
mental health crisis. This report should also address the
status of recommendations from the OIG following investigations
of specific suicides on VA campuses.
In addition, the agreement directs the Department to
provide a report no later than 60 days after enactment, and
quarterly thereafter, a detailed expenditure plan for suicide
outreach and treatment programs, how VA is meeting the
Committees' directives, and updates on obligations to date.
Furthermore, the agreement directs the Department to staff
every VA Medical Center with at least one suicide prevention
coordinator.
National Center for Post-Traumatic Stress Disorder.--The
agreement supports the mission and work of the National Center
for Post-Traumatic Stress Disorder and has provided
$40,000,000, which includes $10,000,000 for the coordination of
the VA National PTSD Brain Bank, to continue the center's
advancement of the clinical care and social welfare of
America's veterans, through research, education, and training
in the science, diagnosis, and treatment of PTSD and stress-
related disorders.
PREVENTS Initiative.--The agreement includes $3,000,000 for
VA's efforts to coordinate veteran suicide prevention efforts
under the Presidential Task Force established under the
PREVENTS Initiative, as directed in House Report 116-63.
Expansion of Mental Health Benefits to Guard and
Reservists.--The agreement acknowledges the importance of
providing mental healthcare to all warfighters, which includes
Guard and Reservists. The Committees recognize that these
individuals may benefit from access to mental health services
provided by VA--including suicide prevention services--even if
they were not activated under Federal orders. Therefore, the
agreement directs the Department to provide a report to the
Committees on Appropriations of both Houses of Congress no
later than 180 days after enactment of this Act on the
feasibility of extending access to these services to all
members of the National Guard and Reserves, regardless of their
Federal activation status. This report shall include the costs
associated with this effort, an estimate of the impact on
capacity, as well as any relevant legislative language needed
to accomplish this goal.
Reduce Suicide, Relapse, and Hospital Visits.--The
agreement encourages VA to consider the use of cutting-edge,
off-the-shelf technology and pharmacy management protocols as
tools to reduce suicide, relapse and hospital visits by
veterans treated for mental health issues, including PTSD and
TBI.
Vets Corps.--The agreement provides up to $2,500,000 to
carry out the direction provided in House Report 116-63
regarding Vets Corps.
REACH Veteran in Crisis Initiative.--The agreement supports
the Recovery Engagement and Coordination for Health--Veterans
Enhanced Treatment (REACH VET) program. The Department is
encouraged to work in partnership with the Department of
Energy's Oak Ridge National Laboratory to update and improve
predictive models and expand the use of predictive analytics
for decision support and identification of veterans in need and
at risk.
Prescription Practices.--The June 2019 GAO report, ``VA
Mental Health: VHA Improved Certain Prescribing Practices, but
Needs to Strengthen Treatment Plan Oversight'' (GAO-19-465)
reviewed how mental health treatment decisions are made by
providers in VA Medical Centers and monitored by VHA. The
agreement directs the Department to submit a report to the
Committees on Appropriations of both Houses of Congress no
later than 90 days after enactment of this Act, detailing
progress towards implementing the GAO recommendations in this
report.
Sleep Disorders.--Senate Report 115-269, which accompanied
the FY 2019 appropriations, included a recommendation for the
Department to assign a program manager for sleep disorders. The
Department indicated it would make a determination upon
completion of the Healthcare Analytics and Information Group's
survey of existing resources and practices. The agreement
directs the Department to provide an update on this review and
recommendation to the Committees on Appropriations of both
Houses of Congress no later than June 30, 2020.
Homeless Assistance
The agreement provides $1,847,466,000 for homeless
assistance programs, which is $28,932,000 above the budget
request. This includes $380,000,000 for the Supportive Services
for Veteran Families program; $408,300,000 for the Housing and
Urban Development-Veterans Affairs Supportive Housing (HUD-
VASH) program case management; $250,000,000 for the Grant and
Per Diem Program; and $69,107,000 for the Veterans Justice
Outreach Program.
Homeless Women Veterans.--The Secretary is directed to
report to the Committees on Appropriations of both Houses of
Congress within 180 days of enactment of this Act on the
growing number of women veterans who are homeless or unstably
housed and the programs intended to serve them. The report
should identify if and how the programs are failing and include
a plan to address any deficiencies.
Veteran Homeless Report.--The Secretary is directed to
prepare a report in consultation with DOD and the U.S.
Interagency Council on Homelessness on the progress made to
date to ensure servicemembers identified through the Transition
Assistance Program process as lacking viable housing options
receive appropriate housing-related assistance. The report
shall be provided to the Committees on Appropriations of both
Houses of Congress within 120 days of enactment of this Act and
include: 1) data for fiscal years 2018 and 2019; 2) the number
and percentage of transitioning servicemembers who are
evaluated as not having a viable post-transition housing plan;
3) and of those, a) the number and percentage who receive a
warm handover from DOD to VA; b) the number who received
services from appropriate VA homeless program staff; and c) and
are identified as experiencing homelessness.
Limited Affordable Housing.--The Secretary is directed to
provide an update on the effects of limited affordable housing
opportunities on the Department's homeless programs in rural
communities. The report also should include recommendations on
ways the Department and local housing entities can better
partner to ensure access to housing for veterans in rural and
high-cost urban areas and be provided to the Committees on
Appropriations of both Houses of Congress within 180 days of
enactment of this Act.
Supportive Services for Veteran Families (SSVF).--Although
funds were appropriated, the Department's policy decisions led
to fluctuations in funding to grantees and possible gaps in
services being provided. The agreement provides for at least
$380,000,000 in grant awards in fiscal year 2020 and encourages
the Department to plan for $400,000,000 in fiscal year 2021 to
expand to other locations to address gaps in services, as
appropriate. The Secretary is directed to submit a report
describing the effectiveness of the SSVF program; results of
the gap analysis; and a plan to expand the program, as
appropriate, to address service gaps within 90 days of
enactment of this Act to the Committees on Appropriations of
both Houses of Congress.
HUD-VASH.--Due to concerns the Department is not properly
staffing its HUD-VASH program to meet the needs of changing
homeless populations, the Secretary is directed to submit a
report to the Committees on Appropriations of both Houses of
Congress within 90 days of enactment of this Act. The report
shall include details regarding: 1) the process by which each
VA medical center fills their HUD-VASH case management
positions; 2) the current ratio of HUD-VASH case managers to
veterans for each VA medical center; 3) a list of all vacant
specific purpose-funded positions to support the HUD-VASH
program; 4) steps taken to recruit and retain case managers for
this program; 5) a list of VA Medical Centers where HUD-VASH
cases are being contracted out; 6) a list of the current
allocations of HUD-VASH vouchers by State; 7) a list of
requests for additional HUD-VASH vouchers received by the
Department and the outcome of such requests; and 8) efforts
currently underway to assist HUD-VASH case management in highly
rural areas.
Homeless Providers Grants Per Diem (GPD) Program.--The
agreement supports the Department's goal of a systemic end to
veteran homelessness and agrees that service-intensive
transitional housing provided through VA's GPD Program is an
important tool in this effort. The agreement provides
$250,000,000, an increase of $23,932,000 over the request, for
GPD. The most appropriate mix of housing services for veterans
should be determined locally through a collaborative process
including local housing partners, service providers, and VA
medical centers, and VA should continue to make funding
available for GPD beds based on this process. The Department is
directed to submit a report to the Committees on Appropriations
of both Houses of Congress no later than 180 days after
enactment of this Act on the contingency/remediation plans that
current providers serving rural or highly rural areas have for
veterans that may be affected by changes in availability or the
loss of GPD Program funds that would result in the loss of
their access to transitional housing assistance.
Veterans Justice Outreach (VJO) Program.--The agreement
provides $5,000,000 over the budget request to support the VJO
Program and its goal to prevent homelessness and avoid the
unnecessary criminalization of mental illness and extended
incarceration among veterans by ensuring eligible veterans
encountered by police, and in jails or courts, have timely
access to VA services, including mental health, substance
abuse, and homeless programs.
Clinical Workforce
Healthcare Workforce.--VHA's ability to recruit and retain
quality clinical and support staff remains a concern.
Accordingly, the agreement directs the Department to comply
with GAO's recommendations to improve staffing, recruitment,
and retention strategies for clinicians.
Mental Health Staffing.--There is a growing need for mental
health professionals, and VA should maintain appropriate mental
health staffing levels to provide veterans timely, effective,
high-quality care. The agreement directs the Department to
prioritize the hiring of mental health professionals and to
keep the Committees on Appropriations of both Houses of
Congress apprised on a quarterly basis on meeting its hiring
goals, including actions taken to improve recruitment and
retention across the country, and specifically in rural areas.
This report should include updates to the ratio of faculty
staff to outpatient mental health veterans being treated for
mental health needs.
Rural Recruitment.--To improve recruitment and retention
initiatives for healthcare providers in rural and highly rural
areas the agreement urges the Department to conform with the
recommendations contained in GAO report, GAO-181-24. The
agreement directs the Department to provide a report to the
Committees on Appropriations of both Houses of Congress no
later than 90 days after enactment of this Act on the status of
compliance with these recommendations.
Credentialing.--The agreement strongly encourages VA to
expand the Military Transition and Training Advancement Course
nationally in order to facilitate the recruitment of separating
military personnel who served in the healthcare field. The
agreement directs VHA to identify remaining barriers to
expediting the credentialing process for qualified licensed
personnel, and to report on such barriers and limitations to
the Committees on Appropriations of both Houses of Congress
within 180 days after enactment of this Act.
In addition, a recent GAO report found that greater focus
on credentialing is needed to prevent disqualified providers
from delivering patient care. The agreement urges the Secretary
to implement the GAO recommendations to improve Departmental
oversight over VHA facility credentialing policies. The
agreement directs the Department to provide a progress report
on implementation of such recommendations to the Committees on
Appropriations of both Houses of Congress within 60 days after
enactment of this Act.
Orthotics & Prosthetics Workforce.--The sustainability of
the orthotics and prosthetics workforce treating veterans,
particularly given an aging workforce with imminent retirements
as well as a lack of availability of advanced degree programs
necessary to train new professionals is a concern. VHA's
Orthotic and Prosthetic Residency Program provides rotation
opportunities through the VA system, but this program alone is
inadequate to ensure a sustainable workforce for the future,
especially in light of the skill set necessary to provide the
increasingly complex, state-of-the-art orthotics and
prosthetics care for Iraq and Afghanistan war veterans. The
agreement directs VA to work with outside industry experts to
survey and examine the latest data available on the current
extent of orthotics and prosthetics care provided outside of VA
facilities and provide projections on requirements over the
next decade based on overall population growth among veterans
with orthotics and prosthetics needs. This information is to be
reported to the Committees on Appropriations of both Houses of
Congress within 180 days of enactment of this Act.
Physician Assistants.--VA has failed to utilize existing
authorities to hire and retain Physician Assistants (PAs). As
such, the agreement directs VA to accelerate the rollout of
competitive pay for PAs, to develop a plan on how to better
utilize the Health Professional Scholarship Program and
Education Debt Reduction Program, and to develop a staffing
plan on how to utilize PAs within the Department.
Medical Staff Retention.--The agreement expands upon the
Medical Staff Retention reports directed in House Report 116-
63. In addition, the Department is directed to submit a report
to the Committees on Appropriations and Veterans' Affairs of
both Houses of Congress within 90 days detailing compliance
with its policy to (1) conduct reviews of each healthcare
provider of the Department who transfers to another medical
facility of the Department, resigns, retires, or is terminated
to determine whether there are any concerns, complaints, or
allegations of violations relating to the medical practice of
the healthcare provider; and (2) to take appropriate action
with respect to any such concern, complaint, or allegation. The
Department previously informed Congress it was implementing an
auditing tool to require medical facilities to certify
compliance with these policies to their respective VISN
leadership. The agreement requests that a summary of this
auditing tool also be included in this report.
VA/DOD Clinical Practice Guidelines.--The Departments of
Veterans Affairs and Defense have created VA/DOD Clinical
Practice Guidelines for many conditions that affect both
veterans and active duty servicemembers. Currently, VA and DOD
do not have guidelines for the comorbidity of trauma (e.g.,
PTSD, TBI, Military Sexual Trauma) and substance use disorder
or chronic pain, despite the fact that many veterans and active
duty servicemembers are suffering from multiple conditions. It
is crucial that frontline clinicians are informed about the
most effective treatments for these conditions when they are
co-occurring. The agreement strongly encourages VA and DOD to
work together to create Clinical Practice Guidelines for the
treatment of trauma, including PTSD, TBI, and Military Sexual
Trauma, that is comorbid with substance use disorder or chronic
pain.
Rural Healthcare
Office of Rural Health.--The agreement notes that veterans
residing in rural and remote areas face unique barriers to
receiving high-quality mental health, primary healthcare, and
specialty care services. While enhanced community care programs
offer veterans increased flexibility to obtain care close to
home, often this same gap in services exists in the private
market in rural and remote communities. Over the past 10 years,
the Office of Rural Health (ORH) and its Rural Health
Initiative has played a critical role in assisting VA in its
efforts to increase access to care. Therefore, the agreement
provides $300,000,000 for ORH and the Rural Health Initiative.
The agreement supports Rural Health Resource Centers,
operated by ORH, and encourages the Department to increase the
number of these centers. Any expansion should also emphasize
increasing access to healthcare for women veterans, treating
traumatic brain injuries, and recruiting and retaining
healthcare providers to serve rural and remote areas.
The agreement also encourages continued operation of a
nurse advice line at all VA medical centers, including
facilities serving rural areas and highly rural areas, as a way
to reach a large percentage of veteran enrollees. The agreement
further supports the continuation of the efforts of the
Department's Community Clergy Training to Support Rural
Veterans Mental Health Initiative. The Department is urged to
increase the financial resources made available in order to
increase accessibility of this initiative to rural communities.
The Department is reminded of the directions regarding
rural transportation included in House Report 116-63.
Rural Health Continuity of Care.--The Committees note the
Access Received Closer to Home (ARCH) pilot program was highly
successful in some areas in providing healthcare services to
veterans who live in the rural and highly rural States in which
it operated, and that veterans who received medical care
through the ARCH pilot program were ``completely satisfied''
with their care and cited significantly shortened travel and
wait times to receive care. As the Department transitions to a
new community care program established by the VA MISSION Act,
the agreement encourages the Secretary to sustain continuity of
care for rural veterans through provider agreements, based on
previous models such as the ARCH program, to ensure veterans do
not experience a lapse in existing healthcare access during the
transition to the new community care program and any resulting
integrated networks. The Committees continue to support
enabling the Department to enter into provider agreements with
non-VA long-term care providers, including skilled nursing
facilities.
Home-Based Primary Care.--The agreement supports the
collaboration between VA and the Indian Health Service (IHS)
and collaboration by Federal agencies with Tribes to expand
access to care for Native veterans, including the recent
expansion of evidence-based home-based primary care (HBPC)
programs at 14 VA medical centers. This expansion is designed
to reach new populations of American Indian veterans living in
rural reservation communities, which are served by medical
facilities operated directly by IHS or by Tribes and Tribal
organizations with funding provided by IHS. The agreement urges
the Secretary to increase funding within ORH to expand HBPC
programs to additional American Indian reservations and to
other rural areas, and to continue to improve planning
coordination with other Federal healthcare organizations.
Planning efforts should take into account conducting a
population-based needs assessment and allowing sufficient time
to develop trusting relationships with Native veterans, Tribal
health and social service personnel, IHS and Tribal community
health representatives, and Tribal communities. Planning
efforts should also consider availability of IHS and Tribal
resources for patients, as well as identify potential
opportunities for co-management to prevent unintended
duplication of effort, over-prescribing of medications, and
other inefficiencies.
GENDER-SPECIFIC CARE FOR WOMEN
Gender-Specific Care for Women.--The agreement provides
$585,000,000 for gender-specific care for women, which is
$38,486,000 over the budget request. The agreement directs VA
to continue redesigning its women's healthcare delivery system
and facilities to ensure women receive equitable, timely, and
high-quality healthcare. The agreement further directs VA to
prioritize hiring women primary care providers and
psychologists for women clinics, employees for women-specific
services, and women peer support specialists. The agreement
directs women's health program managers to be full-time jobs
and not to be tasked with supplemental responsibilities outside
their specified job descriptions. The agreement supports the
expansion of the Women's Health Mini-Residency program.
OPIOID SAFETY INITIATIVES AND SUBSTANCE USE DISORDER CARE
To continue to build upon opioid reduction efforts and
safety initiatives, the agreement includes $402,000,000 for
Opioid Prevention and Treatment programs at VA. This includes
$345,946,000 for prevention and treatment programs, and
$56,054,000 to continue implementation of the Comprehensive
Addiction and Recovery Act of 2016 (Public Law 114-198).
Office of Patient Advocacy.--The Committees believe that
the Jason Simcakoski Memorial and Promise Act's (Title IX,
Public Law 114-198) establishment of the Office of Patient
Advocacy will ensure that patient advocates put the interests
of the veterans they serve first, not the interests of the
facility. Accordingly, within 90 days of enactment, the
agreement directs the Department to provide a report to the
Committees on Appropriations and Veterans' Affairs of both
Houses of Congress on its progress implementing the relevant
sections of Public Law 114-198, including progress on all six
recommendations from GAO's April 2018 report (GAO-18-356), and
the specific training and instructions Patient Advocates are
given to escalate a concern outside of a VA facility when they
believe a VA facility is not acting in the best interest of the
veteran.
Improvement of Opioid Safety Initiative.--The Committees
support VA's Opioid Safety Initiative (OSI) and encourage
continued implementation at all VA medical facilities, as
directed under the Jason Simcakoski Memorial and Promise Act.
The Committees acknowledge overall improvements in opioid
safety at VA and believe that it is imperative that all VA
providers who prescribe opioids continue to consistently use
the Opioid Therapy Risk Report tool under the OSI. In May 2018,
GAO submitted report GAO-18-380 to Congress detailing the
Department's progress made towards improving opioid safety, and
VA set a target date of April 2019 to satisfy and closeout the
five recommendations. The agreement directs the Department to
submit a report to the Committees on Appropriations and
Veterans' Affairs of both Houses of Congress detailing the
actions to address each finding and recommendation made by this
report within 90 days of enactment of this Act. Additionally,
this should include a report on efforts to ensure that VA
medical centers have established an additional control
procedure, in accordance with GAO recommendations to improve
oversight of the controlled substance inspection program.
Furthermore, to ensure that VA physicians have equal
opportunity to prescribe effective, lower risk, safer Schedule
III (CIII) opioids before prescribing highly potent and
addictive Schedule II opioids, the agreement recommends that
the Pharmacy Benefits Management Services consider clarifying
guidance related to dispensing CIII opioids.
Community Care Opioid Safety.--The Committees recognize
that VA has made important progress increasing opioid safety
and reducing overprescribing within the VA healthcare system.
However, the Department still needs to make comparable progress
implementing opioid safety reforms in VA community care
programs. The July 2017 OIG report (VA OIG 17-01846-316) on
opioid prescribing in VA community care programs provides
further evidence that veterans receiving opioid therapy from
community care providers are at significant risk, due to lack
of consistent tracking and limited awareness of VA opioid
therapy and safe prescribing protocols. The agreement directs
the Department to provide a report to the Committees on
Appropriations and Veterans' Affairs of both Houses of Congress
on implementation of all OIG recommendations and statutory
requirements within the VA MISSION Act within 90 days after
enactment of this Act.
VA participation in State Prescription Drug Monitoring
Programs, as required in the VA Prescription Data
Accountability Act of 2017 (Public Law 115-144), is a critical
component to an effort to ensure a patient's prescription
history is available to all prescribers. No later than February
1, 2021, the agreement directs VA to submit a report to the
Committees on Appropriations of both Houses of Congress
identifying progress toward full participation in State
Prescription Drug Monitoring Programs during calendar year
2020, broken out by VISN and Medical Facility. The agreement
also encourages VA, to the maximum extent permitted by law, to
share prescription drug information with other Federal medical
facilities that may serve veterans, including DOD medical
facilities and Indian Health Service facilities.
Complementary and Integrative Health.--Expanding access to
comprehensive pain management and complementary and integrative
health (CIH) services is vital to improving the delivery of
high-quality care for veterans. The agreement urges robust
implementation of VA's plan to expand the scope of research,
education, delivery, and integration of CIH into the healthcare
services provided to veterans, and as required under section
932 of the Jason Simcakoski Memorial and Promise Act, VA must
continue to prioritize implementation of the pilot program at
VA medical centers, including polytrauma rehabilitation
centers, to assess the feasibility and advisability of delivery
using wellness-based programs to complement pain management and
related healthcare services. The Department is encouraged to
continue to expand access to CIH services as part of the VA's
Whole Health System approach.
Substance Use Disorder Care.--The Committees support VA's
ongoing efforts to reduce wait times for substance use disorder
(SUD) treatment by balancing nationwide care within the
Residential Rehabilitation Treatment Programs (RRTP). However,
the Committees are aware that the median wait time between
screening and admission for non-priority SUD RRTP care remained
unacceptably high. The agreement urges the Department to
improve efforts to address the uneven and limited distribution
of inpatient addiction crisis detoxification beds that employ a
medical/psychosocial approach, a supply of Medication Assisted
Treatment including availability of appointments for veteran
access to buprenorphine, alternative co-adjuvant therapies to
reduce anxiety, and mobile tools aimed at concurrent recovery
and relapse prevention. The agreement urges the Department to
expand existing successful model behavioral-health programs in
partnership with community providers in high-demand treatment
areas with proven, veteran-specific, evidence-based, one-stop-
shop (integrated), SUD treatment that go beyond basic ``shelter
care.'' These public-private partnerships should encompass the
full continuum of care for veterans suffering from SUD
(detoxification/recovery, sober housing), and those at risk of
suicide due to SUD. Additionally, the agreement directs the
Department to provide a report to the Committees on
Appropriations of both Houses of Congress, within 90 days of
enactment of this Act, that shall include average wait times
for priority, routine and residential SUD care; the results of
efforts to balance RRTP availability; projected RRTP wait times
for fiscal years 2020 and 2021; and plans to scale successful
evidence-based, integrated SUD care model programs.
Overmedication of Veterans.--In fiscal year 2018, the
Congress provided $500,000 for VA to enter into an agreement
with the National Academies of Sciences, Engineering, and
Medicine (NASEM) to conduct an assessment of the potential
overmedication of veterans during fiscal years 2010 to 2017
that led to suicides, deaths, mental disorders, and combat-
related traumas. Though the Committees are frustrated that,
rather than conducting a study, the Department used the full
amount of funding to contract for a study design, NASEM
provided a credible study design report entitled, An Approach
to Evaluate the Effects of Concomitant Prescribing of Opioids
and Benzodiazepines on Veterans Deaths and Suicides. As such,
the agreement directs the Department to work in close
consultation and coordination with NASEM to implement the study
design to evaluate and understand the effects of opioids and
benzodiazepine on veteran suicides. The agreement directs the
Department to brief the Committees on Appropriations of both
Houses of Congress no later than 60 days after enactment of
this Act on the proposed study design to be implemented, and to
provide periodic updates thereafter.
Whole Health
Whole Health.--The agreement provides $63,600,000 for the
Whole Health initiative, which is $10,000,000 above the budget
request. The agreement directs VA to expand its use of
interactive patient care and to ensure coordination and
standardization of the field implementation of the Whole Health
initiative. The agreement provides up to $5,000,000 for
creative arts therapies. The agreement further directs the
Department to submit complete and detailed accounting of the
Whole Health program in the fiscal year 2021 budget request.
Alternative Therapies.--The agreement directs VA to study
the feasibility and advisability of making yoga, meditation,
creative arts therapy, chiropractic care, and acupuncture also
accessible as treatment for mental health conditions, including
suicide risk, to veterans at all Department facilities, either
in person, or through telehealth.
Other Items of Interest
Central Alabama Veterans Health Care System (CAVHCS).--The
Department is directed to address the deficiencies at CAVHCS,
as identified in House Report 116-63.
Pressure Ulcer Prevention and Transparency.--Although the
Department issued a policy directive on the prevention and
management of pressure injuries, and is exploring non-invasive
innovative biometric sensor technologies that have produced
promising results in the early detection of pressure ulcers,
more can be done. The agreement directs the Department to
address pressure ulcer prevention and transparency, as
identified in House Report 116-63, though the agreement does
not specify funds for the pilot. The agreement directs the
Under Secretary for Health to complete the directed assessment
within 120 days of enactment of this Act. In addition, the
agreement encourages the Department to consider incorporating
into its directive the steps included in the peer-reviewed
Standardized Pressure Injury Prevention Protocols.
Access for Veterans in the Commonwealth of the Northern
Mariana Islands, American Samoa, Guam, and Freely Associated
States.--The Committees remain concerned about the challenges
for veterans residing in the Freely Associated States (FAS) to
access the quality healthcare they have earned through their
military service. Given the significant time, resources, and
high costs for travel for some veterans, including airfare,
transportation, and lodging, many FAS veterans are never able
to access VA health services. The agreement urges the
Department to enhance access to care for these veterans. The
Committees are seeking to understand potential obstacles in
data collection to account for the number of veterans residing
in the FAS, and how VA can improve data collection from the
outlying areas to help inform the development of proposals to
ensure that health needs of these veterans are met. The
agreement directs the Department to conduct a survey related to
barriers veterans may face in utilizing VA services and other
benefits when living in outlying and remote areas, and to
provide a report to the Committees on Appropriations of both
Houses of Congress on the findings of this survey, an
assessment of options for improving access to VA healthcare for
FAS veterans, as well as the outreach efforts taken to inform
FAS and remotely located veterans about enrollment in the
Foreign Medical Program. This report is directed to be provided
within 270 days of enactment of this Act.
Furthermore, the agreement directs the Department to
increase access to VA care for veterans living in remote and
underserved areas of the FAS by increasing the number of full-
time, dedicated, VA medical and mental health providers in
these areas, as well as to work with Federal and non-Federal
partners, including the Departments of Defense, Interior, and
Health and Human Services, community healthcare facilities and
educational institutions to leverage shared resources and
improve access for delivery of care through technology and
collaboration.
Artificial Intelligence and Machine Learning.--The
Department is reminded of the report requested in House Report
116-63.
Orthotics and Prosthetics.--The Department is expected to
ensure veterans continue to receive the prosthetics services
that best meet their needs in the final Orthotics and
Prosthetics regulation.
Veterans Exposed to Open Burn Pits and Airborne Hazards.--
In order to provide full and effective medical care, it is
essential for the Department to better understand the impacts
that exposure during service has had on the health of veterans.
Therefore, the agreement supports language included in House
Report 116-63, including $5,000,000 to carry out
responsibilities and activities of the Airborne Hazards and
Burn Pits Center of Excellence.
Community Wellness Programs.--VA has not yet implemented
the VSO Wellness pilot program, authorized in Section 252 of
the Consolidated Appropriations Act, 2018 (Public Law 115-141).
It is concerning that the Department is still in the process of
establishing this program and may not be prepared to launch
until fiscal year 2021. The agreement directs the Department to
expeditiously implement the program, and further directs the
Department to provide quarterly status updates to the
Committees on Appropriations of both Houses of Congress.
Intimate Partner Violence Program.--The agreement supports
VA's efforts to expand its Intimate Partner Violence Program to
all sites within the next 2 years, and its plans to screen all
veterans for Intimate Partner Violence and provide the
appropriate resources. The agreement directs VA to fully
resource this program at $20,300,000, as requested, in fiscal
year 2020 and include it as a program of interest with budget
detail in the justifications accompanying the fiscal year 2021
budget submission.
Adaptive Sports.--The agreement includes $24,309,000 for
National Veterans Sports Programs, including $16,000,000 for
adaptive sports programs. Veterans have shown marked
improvements in mental and physical health from participating
in adaptive sports and recreational therapy and veterans have
expressed the need for these activities to be included in the
healthcare services VA offers. The Committees also recognize
that adaptive sports and recreational therapy provide a low-
cost alternative to other healthcare services that produce
similar health outcomes. The Department is directed to make
recreational and lifelong sports, such as open-ocean swimming,
surfing, outrigger canoeing, hunting, and fishing eligible for
grants.
Equine Therapy.--The agreement recommends the Department
use $1,500,000 of funds for the adaptive sports program for
equine therapy. Moreover, the Department should utilize funding
to conduct a comprehensive program evaluation to ensure the
continued effectiveness of equine therapy in addressing the
mental health needs of veterans that participate in these
programs, including through the systematic assessment and
tracking of mental health issues and symptoms, and the
measurement of key outcomes, such as functional improvement in
veterans' different life domains.
Beneficiary Travel.--The allocation of beneficiary travel
to VISNs where unconventional modes of travel, such as air, are
the primary means for veterans to visit a VA hospital remains a
concern. Beneficiary travel is often expected to be paid out of
pocket by the veteran, and then reimbursed by the Department at
some later date, even for those veterans whose care is
determined to be necessary by VA. This is an above average
burden for veterans who live in rural and highly remote areas
where veterans travel long distances to appointments using
atypical means of transportation, such as by air, and must pay
to stay overnight in area hotels. The agreement urges the
Department to staff each facility with at least one full-time
employee to manage beneficiary travel, in order to speed
reimbursements to veterans, and also to identify ways in which
VA might be able to cover more of these veterans' costs up
front.
DOD and VA Prescription Purchasing.--The agreement
encourages VA to work with DOD on the feasibility of aligning
their structures, statutory parameters, and regulatory guidance
in order to increase buying power and reduce the cost of the
prescription buying program, and to report findings to the
Committees on Appropriations of both Houses of Congress.
Canadian Forces Base Gagetown.--Many National Guard
veterans engaged in training activities at Canadian Forces Base
(CFB) Gagetown in the 1950s and 1960s. The Committees are also
aware that Veterans Affairs Canada approved one-time, lump sum
payments to eligible veterans exposed to Agent Orange and other
defoliants who served at CFB Gagetown; and that veterans who
served there between June 20 and June 24, 1964, are currently
eligible for an Agent Orange Registry Health Exam from the
Veterans Health Administration. The agreement urges the
Department to establish and maintain a health registry for
American veterans who were stationed or underwent training at
CFB Gagetown and who have subsequently experienced health
problems which may be attributed to Agent Orange or other
defoliants. The agreement further urges the Department to
commission an independent study tasked with investigating the
linkage between service at CFB Gagetown and the development of
health problems and disease associated with exposure to Agent
Orange.
Emergency Ambulance Reimbursement.--VA has made efforts to
improve claims reimbursement processes for emergency ambulance
service providers, however, continued problems with emergency
ambulance transportation services result in lengthy claims
payment delays or unwarranted financial burdens on veterans.
The agreement urges the Department to take any necessary
actions to process such claims using the ``prudent layperson''
standard for claims of emergency ambulance transportation of
veterans to non-VA facilities. The agreement further directs
the Department to provide a brief to the Committees on
Appropriations of both Houses of Congress no later than 90 days
after enactment of this Act to update the Committees on the
Department's efforts to streamline reimbursement of claims by
emergency ambulance service providers. This brief should
include an assessment by VA of the impacts of permitting
conditional payments to ambulance service providers while
seeking reimbursement from third-party payers where such payers
have not made payment within 120 days of the date on which
emergency ambulance services are provided, similar to Medicare
program practices.
Pilot Programs for Agritherapy.--The agreement provides
$5,000,000 to continue a pilot program to train veterans in
agricultural vocations, while also tending to behavioral and
mental health needs with behavioral healthcare services and
treatments by licensed providers at no fewer than three
locations.
Lovell Federal Health Care Center.--The Captain James A.
Lovell Federal Health Care Center Demonstration Project,
established in 2010 under the National Defense Authorization
Act for Fiscal Year 2010 (Public Law 111-84), is an innovative
collaboration between VA and DOD. The Lovell Federal Health
Care Center has significant potential to improve access,
quality, and cost-effectiveness of healthcare delivery to
veterans, servicemembers, and their families; and already
serves as a valuable site demonstrating comprehensive
cooperation and interoperability between VA and DOD. The
important work of this integration effort must continue as the
two Departments continue to roll out their respective
electronic health record programs.
Alaska Federal Health Care Partnerships.--The Alaska VA
Healthcare System leadership is investigating whether a
partnership with DOD, the Coast Guard, and Tribal healthcare
delivery could improve access and quality of care to all
Federal healthcare beneficiaries in Alaska with substantial
cost savings. The agreement encourages VA to consult with its
Federal and Tribal counterparts, and with other stakeholders,
including VA employee groups and community providers, with
respect to the benefits which might accrue from adoption of
this model, and to report periodically to the Committees on
Appropriations of both Houses of Congress on the progress of
these discussions.
Support for Vet Centers in Rural Communities.--Vet Centers
across the country provide a broad range of counseling,
outreach, and referral services to eligible veterans, active
duty servicemembers, and their families, to include individuals
with problematic discharges. The Committees believe Vet Centers
are critical in rural communities, and the agreement encourages
the Department to fully staff these resources.
Readjustment Counseling.--The Department's Vet Centers and
Mobile Vet Centers provide important readjustment counseling
services. The Department also partners with organizations that
provide outdoor experiences for veterans as part of a continuum
of care to support veterans in developing a community of
support to treat combat-related injuries, including those
related to behavioral health. The agreement directs the
Department to submit a report to the Committees on
Appropriations of both Houses of Congress no later than 120
days after enactment of this Act to highlight best practices of
Vet Centers, including partnerships to provide outdoor
experiences, and to include a plan to disseminate the findings,
as well as incorporate into criteria for additional sites. The
report should address whether successful programs should be
replicated in other areas.
Telehealth Services.--The agreement includes an additional
$30,000,000 to increase telehealth capacity in rural and highly
rural areas. The agreement directs VA to develop a plan to
improve veteran and provider satisfaction, increase awareness
of the telehealth program, and enhance adoption of telehealth
by veterans and providers. The Department's plan should include
actions that will be taken to make telehealth more accessible
to patients in highly rural areas and be provided to the
Committees on Appropriations of both Houses of Congress no
later than 180 days after enactment of this Act.
Call Routing.--The Committees are still receiving reports
that veterans calling their community-based outpatient clinics
(CBOC) to make an appointment are sometimes automatically
routed to central call centers at VA medical centers with no
follow-up by the local CBOCs after the initial call. The fiscal
year 2019 Conference Report included a reporting requirement
for VA to explain its guidance on call routing of the
scheduling of appointments. The report that was submitted to
the Committees failed to explain VA guidance and was rather
useless for addressing this issue. Therefore, the agreement
directs VA to provide a report that explains the Department's
guidance on call routing of the scheduling of appointments. The
agreement further directs VA to provide the Committees with an
update on its call modernization efforts referenced in the
March 20, 2019, Congressional Tracking Report on Call Routing.
This report shall be submitted to the Committees on
Appropriations of both Houses of Congress no later than 90 days
after enactment of this Act.
Long-Term Care
Long-Term Care.--The agreement provides $9,781,721,000, as
requested by the Department for long-term care. This includes
$6,471,460,000 for institutional care and $3,310,261,000 for
non-institutional care. The Committees are aware of the aging
veteran population and support long-term care that focuses on
facilitating veteran independence, enhancing quality of life,
and supporting the family members of veterans. As such, the
agreement supports the Department's efforts to broaden
veterans' options regarding non-institutional long-term care
support and services, and to accommodate veterans' preferences
in receiving home-based services, as well as community-based
care, residential settings, nursing homes, and other services.
The Committees acknowledge that the veteran population faces
unique health risks and that each veteran requires an
individualized approach to care, and VA is encouraged to
continue cooperation with community, State, and Federal
partners to expand and grow these programs.
Hospice Care.--As Vietnam-era veterans age, many of them
are facing unique end-of-life challenges related to their
combat experience that standard hospice care and palliative
services are not fully equipped to address. Public Law 115-244
urged VA to undertake a pilot program to develop techniques,
best practices, and support mechanisms to improve end-of-life
care for combat veterans and Vietnam-era veterans. Due to the
lack of meaningful advancement toward addressing the unique
needs of Vietnam veterans, the agreement directs VA to carry
out this pilot program and to engage non-profit hospice and
palliative care providers with Vietnam veteran-centric programs
in implementing the pilot program. The Committees are aware
that organizations such as the non-profit, National Partnership
for Hospice Innovation, are developing programs designed to
meet the specific end-of-life care needs for Vietnam-era
veterans and strongly reiterates that such an approach could be
beneficial to Iraq, Afghanistan, and Syria combat veterans in
the future. The agreement directs the Department to submit a
report on this effort to the Committees on Appropriations of
both Houses of Congress no later than 90 days after enactment
of this Act.
Domiciliary Care Claims for Veterans with Early-Stage
Dementia.--Changes in VA's processing and treatment of
domiciliary care claims has led to some veterans with early-
stage dementia who were earlier ruled eligible for VA
domiciliary care to now be deemed ineligible. The Department
has taken efforts to provide limited equitable relief for
current veteran patients previously deemed eligible for
domiciliary care. VA is directed to provide a report to the
Committees on Appropriations of both Houses of Congress no
later than 90 days after enactment of this Act on the
Department's plan to address care for all impacted veterans
with early-stage dementia.
MEDICAL COMMUNITY CARE
The agreement provides $17,131,179,000 in advance fiscal
year 2021 funding for Medical Community Care, with
$2,000,000,000 available until September 30, 2022. The
agreement provides an additional $4,521,400,000 above the
fiscal year 2020 advance appropriation for the Medical
Community Care account, of which $615,000,000 shall be from
unobligated balances from the Veterans Choice Fund.
MEDICAL SUPPORT AND COMPLIANCE
The agreement provides $7,914,191,000 in advance for fiscal
year 2021 for Medical Support and Compliance and makes
$150,000,000 of the advance funding available through fiscal
year 2022. The agreement provides an additional $98,800,000
above the fiscal year 2020 advance appropriation for the
Medical Support and Compliance account.
MEDICAL FACILITIES
The agreement provides $6,433,265,000 in advance for fiscal
year 2021 for Medical Facilities. Of the advance funding,
$250,000,000 is made available through fiscal year 2022.
The agreement provides $10,000,000 for women's health and
mental health non-recurring maintenance (NRM) projects. Within
the mental health NRM projects, the agreement directs VA to
prioritize construction to increase the number of beds
available for overnight mental health treatment for veterans.
The agreement further directs the Department to submit an
expenditure plan detailing the planned use of funds, and to
report on specific measures it takes to track and prioritize
the physical and cultural transformation within VA facilities
to better serve women veterans.
Community-Based Outpatient Clinic in Bakersfield,
California.--The latest delay in building a clinic in
Bakersfield, resulting from the cancellation of Lease No.
36C10F18L3394 due to errors made by the Department, is
extremely concerning. On November 20, 2019, the Secretary
provided a revised timeline to build the new clinic, but future
protests may result in additional delays. The agreement directs
the Secretary to expeditiously execute the proposed timeline,
including beginning site work as soon as possible in 2020 and
to provide monthly reports to the Committees on Appropriations
of both Houses of Congress detailing the Department's
assessment on maintaining the timeline provided on November
20th, until the new clinic in Bakersfield is activated.
Use of Smart Technologies.--The Department is encouraged to
work with industry leaders on the use of smart technologies to
improve VA facilities.
War Related Illness and Injury Study Centers (WRIISC).--In
lieu of the direction provided in House Report 116-63, the
Committees direct VA to conduct a feasibility study to
establish a WRIISC focused on gender-based differences in the
development, diagnosis, and treatment of exposure-related
diseases.
VHA Infrastructure Planning and Facility Assessments.--As
VA implements the VA MISSION Act and begins to make decisions
related to community capacity and the appropriate size of VA's
footprint, the agreement maintains that strong VHA facilities
are critical to a high-performing integrated health network for
veterans. Unfortunately, despite significant investments from
Congress in recent years to address major and minor
construction and non-recurring maintenance, the Department's
execution of these funds to upgrade or expand treatment
facilities for veterans has not moved as quickly as intended.
The agreement urges VA to look for ways to be timelier in its
execution of dollars and more flexible in efforts to meet the
evolving healthcare needs of veterans. The agreement directs
the Department to provide to the Committees on Appropriations
of both Houses of Congress a report on the biggest impediments
to executing construction and leasing projects in a more
efficient and effective manner within 90 days of enactment of
this Act. The report should also include an update on the
market assessment being conducted pursuant to the VA MISSION
Act.
Energy Savings.--The agreement encourages VA to use energy-
related Energy Savings Performance Contracting and Utility
Energy Service Contracting in concert with appropriated funds
to leverage more investment from the private sector for any VA
renovation project for which energy systems are involved.
Rate of Return on Alternative Energy Investments.--The
Committees are concerned about VA's procurement of alternative
energy and the potential for the technology to be obsolete
before full return on investment is achieved. Therefore, the
agreement encourages the Secretary to assure that any new
alternative energy project has a return on investment less than
or equal to 10 years.
MEDICAL AND PROSTHETIC RESEARCH
The agreement provides $800,000,000 for Medical and
Prosthetic Research, available until September 30, 2021. Bill
language is included to ensure that the Secretary allocates
adequate funding for prosthetic research specifically for
female veterans and for toxic exposures.
The Committees remain highly supportive of this program and
recognize its importance both in improving healthcare services
to veterans and recruiting and retaining high quality medical
professionals in the Veterans Health Administration. The
agreement encourages VA to continue its research into
developing novel approaches to restoring veterans with
amputation, central nervous system injuries, loss of sight or
hearing, or other physical and cognitive impairments to full
and productive lives.
Neural-Enabled Prosthetics.--The Committees understand the
uniqueness of limb trauma injuries sustained by servicemembers
in combat and support additional research in this area. In lieu
of the directive in House Report 116-63, the agreement directs
VA to continue its efforts to fund and conduct research that
will design and develop technology to offset the effects of
limb amputation, orthopedic injury and disease, neuropathic
pain, and other neurodegenerative diseases by partnering with
colleges and universities that specialize in these fields and
provide a report on the opportunities to expand this field of
inquiry within 180 days of enactment of this Act.
Cancer Moonshot.--The agreement supports the Department's
efforts to utilize advances in genomic science to provide
targeted treatment to veterans. The Department has identified
prostate cancer, triple-negative breast cancer, and colorectal
cancer as areas of priority. Due to the prevalence of various
skin cancers among servicemembers, the agreement directs that
skin cancer be included as well.
Enewetak Atoll Registry Research.--Thousands of veterans
served on the Enewetak Atoll to clean up the island following
its use for nuclear weapons testing. There are many instances
of veterans who conducted the cleanup suffering serious health
problems, such as brittle bones, cancers, and birth defects in
their children. The agreement urges the Department to study
whether there is a connection between certain illnesses and the
potential exposure of individuals to radiation related to
service at Enewetak Atoll between January 1, 1977, and December
31, 1980.
Rare Cancer Research.--The agreement encourages the
Department to support research to evaluate the health status of
servicemembers from their time of deployment to Iraq and
Afghanistan over many years to determine their incidence of
chronic diseases including cancers that tend not to show up for
decades. Furthermore, the Department is encouraged to establish
a collaboration with the Department of Defense to examine the
impact of rare cancers on those who serve and fund research in
delivering treatments for rare cancers that take a platform-
agnostic approach to developing new therapeutics.
Gulf War Illness Studies.--The agreement recommends that
the Department continue to conduct epidemiological studies
regarding the prevalence of Gulf War illness, morbidity, and
mortality in Persian Gulf War veterans and the development of
effective treatments, preventions, and cures. The agreement
urges the Department to publish disease-specific mortality data
related specifically to Persian Gulf War veterans and
encourages the Department to utilize the term, ``Gulf War
illness''. The agreement urges the Secretary to consider
revising and updating the Clinical Practice Guideline for
Chronic Multi-symptom Illness consistent with the July 2011
Veterans Health Initiative, ``Caring for Gulf War Veterans,''
and to focus on recent Gulf War illness treatment research
findings and ongoing Gulf War illness treatment research
direction. Furthermore, the agreement encourages VA to
strengthen the training of primary, specialty, and mental
healthcare providers on Gulf War illness.
VA/Department of Energy Computing Collaboration.--The
agreement supports ongoing research between VA and the
Department of Energy's National Laboratories.
Suicide Prevention.--VA is strongly encouraged to work with
DOD's Military Health System to place high priority on the
deployment of novel and innovative technologies to prevent
suicides and report in the fiscal year 2021 budget request on
outcomes of the effort.
Longitudinal Study of Diagnostic Tools or Biomarkers for
Brain Conditions.--The agreement encourages the Department to
devise a longitudinal study to identify and validate two non-
survey diagnostic tools or biomarkers for brain health
conditions including TBI and PTSD for clinical use at VA
medical facilities by 2023, in coordination with the National
Research Action Plan. Additionally, the agreement encourages VA
to consider the full range of brain health conditions, and to
seek the consultation of non-profit and non-governmental
research organizations currently engaged in research for
servicemember and veteran brain health conditions for research
collaboration, identification, and validation. Reports on
research shall be made publicly available and submitted to the
Committees on Appropriations of both Houses of Congress no
later than 60 days after completion.
Rapid Cerebral Therapeutic Hypothermia.--The agreement
encourages the Department to determine whether VA clinicians
and physicians have the necessary equipment to rapidly
administer cerebral therapeutic hypothermia.
National Cemetery Administration
The agreement provides $329,000,000 for the National
Cemetery Administration (NCA). Of the amount provided, not to
exceed 10 percent is available until September 30, 2021.
Committal Service Shelters.--The agreement directs the
Department to review the feasibility and appropriateness of
expanding committal shelters at State veteran cemeteries to be
able to accommodate at least 60 people in comfort with a
platform and sound system for conducting services, private
bathrooms, and temperature control. The agreement further
directs the Department to provide a report to the Committees on
Appropriations of both Houses of Congress on the findings of
this review, including the cost associated with making these
changes, within 180 days of enactment of this Act.
National Memorial Cemetery of the Pacific.--Currently, the
Pacific Region of the National Cemetery Administration performs
more annual interments than any other region, but has the
fewest number of national cemeteries. In order to provide
appropriate burial space to veterans in the Pacific, the
agreement directs the Department to conduct a feasibility
review for the creation of a new national cemetery in the
Pacific region, and to report the findings to the Committees on
Appropriations of both Houses of Congress no later than 180
days after enactment of this Act.
Departmental Administration
GENERAL ADMINISTRATION
(INCLUDING TRANSFER OF FUNDS)
The agreement provides $355,911,000 for General
Administration. Of the amount provided, not to exceed 10
percent is available for obligation until September 30, 2021.
The agreement continues to include bill language permitting the
transfer of funds from this account to General Operating
Expenses, Veterans Benefits Administration.
Pro-Bono Legal Services.--The Committees support the
Department's work with law schools to assist veterans, which
helps both the students and veterans.
Lobbying Congress.--The agreement reminds the Department
that lobbying Congress in support of legislation imagined by
VA, and not at the request for technical assistance from
Congress, is not an appropriate use of taxpayer resources.
Further, the agreement directs the Department to make all
central-office based employees of the Office of Public Affairs
receive training on the Hatch Act and its application to ensure
official Department resources are being used in a nonpartisan
manner.
The agreement provides funding for General Administration
in the amounts specified below:
------------------------------------------------------------------------
($ in
Office thousands of
dollars)
------------------------------------------------------------------------
Office of the Secretary................................. $14,715
Office of General Counsel............................... 112,209
Office of Management.................................... 63,992
Office of Human Resources............................... 69,813
Office of Enterprise Integration........................ 28,416
Office of Operations, Security and Preparedness......... 26,037
Office of Public and Intergovernmental Affairs.......... 12,663
Office of Congressional and Legislative Affairs......... 5,900
Office of Acquisition, Logistics, and Construction...... 0
Veterans Experience Office.............................. 0
Office of Accountability and Whistleblower Protection... 22,166
---------------
Total, General Administration....................... 355,911
------------------------------------------------------------------------
The Secretary may alter these allocations if the Committees
have been notified and written approval is provided.
Veterans Experience Office.--The agreement provides that
the Office continue to be funded through reimbursable
agreements.
BOARD OF VETERANS APPEALS
The agreement provides $182,000,000 for the Board of
Veterans Appeals, of which not to exceed 10 percent shall
remain available until September 30, 2021.
Appeals Process.--The agreement directs the Board to
develop a plan to address the backlog of hearing requests,
which includes expanded remote access for rural veterans, and
to identify any necessary information technology solutions. The
agreement directs the Board to provide this plan to the
Committees on Appropriations of both Houses of Congress no
later than 180 days after enactment of this Act.
INFORMATION TECHNOLOGY SYSTEMS
(INCLUDING TRANSFER OF FUNDS)
The agreement provides $4,371,615,000 for the Information
Technology Systems account. This amount includes funding for
systems supporting implementation of the Blue Water Navy
Vietnam Veterans Act and other anticipated needs. The agreement
includes $1,204,238,000 for staff salaries and expenses,
$2,739,597,000 for operation and maintenance of existing
programs, and $427,780,000 for program development.
The agreement makes not to exceed 3 percent of pay and
associated costs funding available until the end of fiscal year
2021; not to exceed 5 percent of operations and maintenance
funding available until the end of fiscal year 2021 and all IT
systems development funding available until the end of fiscal
year 2021.
The agreement continues language permitting funding to be
transferred among the three IT subaccounts, subject to approval
from the Committees.
The agreement continues language providing that funding may
be transferred among development projects or to new projects
subject to the Committees' approval.
The agreement continues language indicating that no
development project may be increased or decreased by more than
$1,000,000 prior to receiving approval of the Committees or a
period of 30 days has elapsed.
VA is dealing with an aging IT infrastructure and
antiquated systems that have contributed to issues affecting
veterans, their families, and third parties with whom VA has
agreements. Additionally, the Department continues to identify
significant IT costs to support new and critical initiatives,
and to comply with requirements that have been passed into law.
The agreement provides an increase above the President's
request for IT and therefore assumes that the Department will,
within the allocation, be able to secure an appropriate IT
system for the Office of Accountability and Whistleblower
Protection to facilitate tracking and reporting on data as
required by law, and be able to certify the system necessary to
expand the Caregivers Program. Due to the number of outdated
legacy systems, the agreement encourages the Department to
consider decommissioning systems that are no longer in use and
requires the Department to provide notification to the
Committees on Appropriations of both Houses of Congress when
such action is taken. The agreement directs the Department to
include in future budget submissions an Information Technology
Decommissioning Report that outlines what legacy systems will
be decommissioned during the fiscal year.
Website Accessibility.--The agreement encourages the
Department to review its information technology systems to
ensure compliance with the law (29 U.S.C. 794), encompassing
the Department's websites, including files attached to those
websites, web-based applications and kiosks at medical
facilities. No later than 180 days after enactment of this Act,
the agreement directs the Department to report to the
Committees on Appropriations of both Houses of Congress on the
findings of the review, as well as a plan to become compliant
with 29 U.S.C. 794.
This table is intended to serve as the Department's
approved list of development projects; any requested changes
are subject to reprogramming requirements.
INFORMATION TECHNOLOGY DEVELOPMENT PROJECTS
[$ in thousands]
------------------------------------------------------------------------
Amount
------------------------------------------------------------------------
1 Clinical Applications:
A My HealtheVet.................................... $10,580
B Healthcare Administration Systems................ 9,559
C Health Data Interoperability..................... 8,901
D Registries....................................... 3,870
Subtotal, Clinical Applications................. 32,910
2 Health Management Platform:
A Community Care................................... 42,868
B Patient Record System............................ 9,789
C Digital Health Platform.......................... 9,620
D Purchased Care................................... 7,060
E Telehealth....................................... 5,830
F Pharmacy......................................... 5,523
Subtotal, Health Management Platform............ 80,690
3 Benefits Systems:
A Veterans Customer Experience..................... 62,569
B Benefits Systems................................. 41,933
C Education Benefits............................... 17,070
D Veterans Benefits Management..................... 33,417
E C&P Claims....................................... 4,267
F Benefits Appeals................................. 4,067
Subtotal Benefits Systems....................... 163,323
4 Memorial Affairs:
A Memorials Automation............................. 13,877
Subtotal, Memorial Affairs...................... 13,877
5 Other IT Systems
A Financial and Acquisition Management 57,695
Modernization......................................
B Supply Chain Management.......................... 36,785
C Innovations...................................... 6,000
Subtotal, Other IT Systems...................... 100,480
6 Cyber Security:
A Cyber Security................................... 16,600
Subtotal, Cyber Security........................ 16,600
7 Information/Infrastructure Management:
A Data Integration and Management.................. 19,900
Subtotal, Information/Infrastructure Management. 19,900
---------------
Total IT Development........................ 427,780
------------------------------------------------------------------------
VETERANS ELECTRONIC HEALTH RECORD
The agreement provides $1,500,000,000 for Veterans
Electronic Health Record for activities related to the
development and rollout of VA's Electronic Health Record
Modernization (EHRM) initiative, the associated contractual
costs, and the salaries and expenses of employees hired under
titles 5 and 38, United States Code.
EHRM Initiative.--The agreement includes a substantial
increase of $393,000,000 for the EHRM initiative to provide
benefits to veterans and better management tools for the
Department. While the Committees remain supportive of the EHRM
initiative, as with any acquisition of this size and magnitude,
there are implementation concerns, including maintaining
budget, scope, implementation and deployment schedules,
security, reporting, and interoperability. As such, the
agreement directs the Secretary to continue to provide
quarterly reporting of obligations, expenditures, and
deployment implementation by facility. Moreover, the agreement
directs the Department to continue quarterly briefings on
performance milestones, costs, and changes to implementation
and management plans. The bill maintains a provision that
prohibits obligation of funds inconsistent with deployment
schedules provided to the Committees on Appropriations.
Henceforth, the Secretary is directed to provide an accurate,
up-to-date deployment schedule at each quarterly briefing. The
Secretary is not provided transfer authority, as requested, and
is directed to continue using this account as the sole source
of funding within the Department for EHRM. Further, the
agreement continues to direct the Secretary to manage EHRM at
the headquarters level in the Office of the Deputy Secretary.
Government Accountability Office (GAO) Review.--The
agreement continues the fiscal year 2019 directive to GAO to
conduct quarterly performance reviews of EHRM deployment and to
report to the Committees on Appropriations each quarter.
VA/DOD Interoperability.--The need for a fully functional,
adaptable and interoperable electronic health record system
cannot be understated, especially as VA shifts its model of
care to include the expanded use of community providers.
However, the Department and DOD do not appear to be placing
sufficient priority and urgency on this matter. As such, VA and
DOD are directed to expeditiously utilize the joint Federal
Electronic Health Record Modernization Program Office to
establish clear and agreed-upon metrics and goals for
interoperability, as well as timeframes for meeting these
goals. The Federal Electronic Health Record Modernization
Program Office is directed to incorporate metrics, goals, and
timeframes in the joint office's charter and to provide the
charter to the Committees on Appropriations of both Houses of
Congress within 30 days of enactment of this Act. The Secretary
is directed to provide updates from the joint office, including
any plans to alter its charter or processes, in the quarterly
reports and briefings provided to the Committees on
Appropriations.
OFFICE OF INSPECTOR GENERAL
The agreement provides $210,000,000 for the Office of
Inspector General, which is $3,000,000 above the request. Of
the amount provided, not to exceed 10 percent is available for
obligation until September 30, 2021. The additional funds are
provided to ensure robust oversight regarding implementation of
the VA MISSION Act and the Electronic Health Record
Modernization initiative.
The Inspector General is strongly encouraged to undertake
and complete investigations in a timely manner and share
information with the Department, the Department of Justice, and
other entities as appropriate.
Washington DC Veterans Affairs Medical Center.--The
agreement urges the Inspector General to dedicate all necessary
resources to provide rigorous oversight of the Washington DC
Veterans Affairs Medical Center, a facility that has been
plagued with management problems.
CONSTRUCTION, MAJOR PROJECTS
The agreement provides $1,235,200,000 for Construction,
Major Projects. The agreement makes this funding available for
five years, except that $198,600,000 is made available until
expended, of which $35,000,000 shall be available for seismic
improvement projects.
Challenges in Executing Construction Projects.--The
Committees are concerned by VA's inability to execute
appropriated construction dollars in a timely manner. Based on
its annual Strategic Capital Investment Planning process, VA's
capital needs over the next 10 years may require resources up
to $72,000,000,000 to address. However, VA has been challenged
to execute even a small fraction of that amount in a given
fiscal year. Therefore, the agreement directs VA to provide
within 240 days of enactment of this Act a written report
outlining VA's short- and long-term plans to expand and
strengthen its internal and contract capacity to execute its
construction budget across major, minor, non-recurring
maintenance, and leasing projects efficiently and effectively.
This report should provide a holistic, VA-wide strategic plan
incorporating the needs of VHA, the Office of Acquisition,
Logistics & Construction, the Office of Management, and other
relevant VA administrations/offices, to address the issue,
including long-term staffing needs, the cost of any temporary
spaces, any legislative and organizational changes, and
requirements to improve and streamline. The report should also
look at the accuracy of cost estimates used for planning
construction and leasing projects, the impact of
underestimating costs on project timeframes, and any actions
that can be taken to improve the accuracy of estimates of
future projects to ensure timely execution.
Communities Helping Invest through Property and
Improvements Needed for Veterans Pilot.--The agreement
encourages the Department to utilize the authority granted by
the Communities Helping Invest through Property and
Improvements Needed for Veterans Act of 2016 (Public Law 114-
294) to fulfill the Congressional intent and initiate
additional projects. Additionally, the Committees believe that
the Department should prioritize projects that result in a
public-private partnership between VA and a non-Federal entity.
In doing so, the agreement strongly encourages the Department
to look at projects that would avoid VA duplicating services,
and rather address gaps in necessary services for veterans.
The agreement funds the following items as requested in the
budget submission:
CONSTRUCTION, MAJOR PROJECTS
[$ in thousands]
------------------------------------------------------------------------
Location Description Amount
------------------------------------------------------------------------
Veterans Health Administration
(VHA):
New York, NY...................... Manhattan VAMC Flood $150,000
Recovery.
Bay Pines, FL..................... Inpatient/Outpatient 30,000
Improvements.
San Juan, PR...................... Seismic Corrections-- 30,000
Building #1.
San Diego, CA..................... SCI & Seismic 20,000
Corrections.
Reno, NV.......................... Correct Seismic 10,000
Deficiencies &
Expand Clinical
Services Building.
Louisville, KY.................... New Medical Facility 410,000
West Los Angeles, CA.............. Build New Critical 25,000
Care Center.
Alameda, CA....................... Outpatient Clinic & 26,000
National Cemetery.
Advance Planning and Design Fund.. Various Stations.... 72,000
Asbestos.......................... Various Stations.... 12,000
Construction and Facilities Various Stations.... 88,700
Management Staff.
Judgment Fund..................... Various Stations.... 25,000
Non-Dept. Fed. Entity Project Various Stations.... 120,000
Management Support.
Seismic Corrections............... Various Stations.... 35,000
Subotal, VHA.................. .................... 1,053,700
National Cemetery Administration
(NCA):
Bayamon, PR....................... Replacement Cemetery 10,000
(Morovis).
Riverside, CA..................... Gravesite Expansion 3,000
& Cemetery
Improvements.
Elmira, NY........................ Western New York 10,000
Cemetery.
Houston, TX....................... Gravesite Expansion. 34,000
Bourne, MA........................ Massachusetts Phase 32,000
4 Expansion.
Dallas, TX........................ Dallas National 28,000
Cemetery Expansion.
Advance Planning and Design Fund.. .................... 35,000
NCA Land Acquisition.............. .................... 20,000
Subtotal, NCA................. .................... 172,000
General Admin..................... Staff Offices 9,500
Advance Planning
Fund.
-------------------------------------
Major Construction, Total..... .................... 1,235,200
------------------------------------------------------------------------
CONSTRUCTION, MINOR PROJECTS
The agreement provides $398,800,000 for Construction, Minor
Projects. The agreement makes this funding available for five
years.
The agreement encourages the Department to prioritize
construction for expanding gender-specific care for women and
mental health programs. The Department is directed to provide
an expenditure plan to the Committees on Appropriations of both
Houses of Congress no later than 30 days after enactment of
this Act for the amount appropriated for minor construction.
GRANTS FOR CONSTRUCTION OF STATE EXTENDED CARE FACILITIES
The agreement provides $90,000,000 for Grants for
Construction of State Extended Care Facilities, to remain
available until expended.
GRANTS FOR CONSTRUCTION OF VETERANS CEMETERIES
The agreement provides $45,000,000 for Grants for
Construction of Veterans Cemeteries, to remain available until
expended.
Administrative Provisions
(INCLUDING TRANSFERS AND RESCISSIONS OF FUNDS)
The agreement includes section 201 allowing for the
transfer of funds among the three mandatory accounts.
The agreement includes section 202 allowing for the
transfer of funds among the four medical accounts.
The agreement includes section 203 allowing salaries and
expenses funds to be used for the hire of passenger vehicles,
lease of facilities or land, and purchase of uniforms.
The agreement includes section 204 restricting the accounts
that may be used for the acquisition of land or the
construction of any new hospital or home.
The agreement includes section 205 limiting the use of
funds in the Medical Services account only for entitled
beneficiaries unless reimbursement is made to the Department.
The agreement includes section 206 allowing for the use of
certain mandatory appropriations accounts for payment of prior
year accrued obligations for those accounts.
The agreement includes section 207 allowing the use of
appropriations available in this title to pay prior year
obligations.
The agreement includes section 208 allowing the Department
to use surplus earnings from the National Service Life
Insurance Fund, the Veterans' Special Life Insurance Fund, and
the United States Government Life Insurance Fund to administer
these programs.
The agreement includes section 209 allowing the Department
to cover the administrative expenses of enhanced-use leases and
provides authority to obligate these reimbursements in the year
in which the proceeds are received.
The agreement includes section 210 limiting the amount of
reimbursement the Office of Resolution Management, the Office
of Employment Discrimination Complaint Adjudication, and the
Office of Diversity and Inclusion can charge other offices of
the Department for services provided.
The agreement includes section 211 requiring the Department
to collect third-party payer information for persons treated
for a non-service-connected disability.
The agreement includes section 212 allowing for the use of
enhanced-use leasing revenues for Construction, Major Projects
and Construction, Minor Projects.
The agreement includes section 213 outlining authorized
uses for Medical Services funds.
The agreement includes section 214 allowing for funds
deposited into the Medical Care Collections Fund to be
transferred to the Medical Services and Medical Community Care
accounts.
The agreement includes section 215 which allows Alaskan
veterans to use medical facilities of the Indian Health Service
or tribal organizations.
The agreement includes section 216 permitting the transfer
of funds from the Department of Veterans Affairs Capital Asset
Fund to the Construction, Major Projects and Construction,
Minor Projects accounts and makes those funds available until
expended.
The agreement includes section 217 requiring the Secretary
to submit financial status quarterly reports for each of the
Administrations in the Department. The specific data requested
is similar to that requested in the fiscal year 2017 conference
report.
The agreement includes section 218 requiring the Department
to notify and receive approval from the Committees of any
proposed transfer of funding to or from the Information
Technology Systems account and limits the aggregate annual
increase in the account to no more than 10 percent of the
funding appropriated to the account in this Act.
The agreement includes section 219 providing up to
$314,409,000 of specified fiscal year 2020 funds for transfer
to the Joint DOD-VA Medical Facility Demonstration Fund.
The agreement includes section 220 which permits up to
$322,931,000 of specified fiscal year 2021 medical care funding
provided in advance to be transferred to the Joint DOD-VA
Medical Facility Demonstration Fund.
The agreement includes section 221 which authorizes
transfers from the Medical Care Collections Fund to the Joint
DOD-VA Medical Facility Demonstration Fund.
The agreement includes section 222 which transfers at least
$15,000,000 from VA medical accounts to the DOD-VA Health Care
Sharing Incentive Fund.
The agreement includes section 223 prohibiting funds from
being used to replace the current system by which VISNs select
and contract for diabetes monitoring supplies and equipment.
The agreement includes section 224 requiring that the
Department notify the Committees of bid savings in a major
construction project of at least $5,000,000, or 5 percent,
whichever is less, 14 days prior to the obligation of the bid
savings and describe their anticipated use.
The agreement includes section 225 which prohibits VA from
increasing the scope of work for a major construction project
above the scope specified in the original budget request unless
the Secretary receives approval from the Committees.
The agreement includes section 226 requiring a quarterly
report from each VBA regional office on pending disability
claims, both initial and supplemental; error rates; the number
of claims processing personnel; corrective actions taken;
training programs; and review team audit results. It also
requires a quarterly report on the number of appeals pending at
the Veterans Benefits Administration and the Board of Veterans
Appeals.
The agreement includes section 227 requiring VA to notify
the Committees 15 days prior to any staff office relocations
within VA of 25 or more full-time-equivalent staff.
The agreement includes section 228 requiring the Secretary
to report to the Committees each quarter about any single
national outreach and awareness marketing campaign exceeding
$1,000,000.
The agreement includes section 229 permitting the transfer
to the Medical Services account of fiscal year discretionary
2020 funds appropriated in this Act or available from advance
fiscal year 2020 funds already appropriated, except for funds
appropriated to General Operating Expenses, VBA, to address
possible unmet, high priority needs in Medical Services, upon
approval of the Committees.
The agreement includes section 230 permitting the transfer
of funding between the General Operating Expenses, Veterans
Benefits Administration account and the Board of Veterans
Appeals account upon approval of the Committees.
The agreement includes section 231 prohibiting the
Secretary from reprogramming funds in excess of $7,000,000
among major construction projects or programs unless the
reprogramming is approved by the Committees.
The agreement includes section 232 mandating certain
professional standards for the veterans crisis hotline and
requiring a study to assess its effectiveness.
The agreement includes section 233 restricting funds from
being used to close medical facilities in the absence of a
national realignment strategy.
The agreement includes section 234 prohibiting the use of
funds, from the period October 1, 2018 through January 1, 2024,
in contravention of VHA's May 10, 2017 guidelines on breast
cancer screening.
The agreement includes section 235 addressing the use of
funding for assisted reproductive technology treatment and
adoption reimbursement.
The agreement includes section 236 prohibiting any funds
from being used in a manner that is inconsistent with statutory
limitations on outsourcing.
The agreement includes section 237 pertaining to exceptions
for Indian- or Native Hawaiian-owned businesses contracting
with VA.
The agreement includes section 238 directing the
elimination over a series of years of the use of social
security numbers in VA programs.
The agreement includes section 239 referencing the
provision in the 2017 Appropriations Act pertaining to
certification of marriage and family therapists.
The agreement includes section 240, which prohibits funds
from being used to transfer funding from the Filipino Veterans
Equity Compensation Fund to any other VA account.
The agreement includes section 241 permitting funding to be
used in fiscal years 2020 and 2021 to carry out and expand the
child care pilot program authorized by section 205 of Public
Law 111-163.
The agreement includes section 242 prohibiting VA from
using funds to enter into an agreement to resolve a dispute or
claim with an individual that would restrict the individual
from speaking to members of Congress or their staff on any
topic, except those required to be kept secret in the interest
of national defense or the conduct of foreign affairs.
The agreement includes section 243 referencing language in
the 2017 Appropriations Act requiring certain data to be
included in budget justifications for major construction
projects.
The agreement includes section 244 prohibiting the use of
funds to deny the Inspector General timely access to
information, unless a provision of law expressly refers to the
Inspector General and expressly limits such access.
The agreement includes section 245 referencing language in
the 2017 Appropriations Act regarding the verification of
service for coastwise merchant seamen.
The agreement includes section 246 requiring the ratio of
veterans to full-time employment equivalents in any
rehabilitation program not to exceed 125 veterans to one full-
time employment equivalent.
The agreement includes section 247 prohibiting funding from
being used in a manner that would increase wait times for
veterans at medical facilities.
The agreement includes section 248 prohibiting the use of
funds in fiscal year 2020 to convert any program which received
specific purpose funds in fiscal year 2019 to a general
purpose-funded program without the approval of the Committees
on Appropriations of both Houses of Congress at least 30 days
prior to any such action.
The agreement includes section 249 addressing animal
research at the Department of Veterans Affairs.
The agreement includes section 250 prohibiting the closure
of the CBOC in Bainbridge, New York until the Secretary submits
a completed market area assessment to the Committees on
Appropriations of both Houses of Congress.
The agreement includes section 251 directing VA to submit a
plan to reduce the chances that clinical mistakes by VA
employees will result in adverse events that require
institutional or clinical disclosures.
The agreement includes section 252 requiring the Department
to update the Planning and Activating CBOC handbook every five
years and provide guidance and training to employees on each
update of the handbook.
The agreement includes section 253 rescinding funds.
The agreement includes section 254 extending the VSO
wellness pilot program authorized in section 252 of the
Consolidated Appropriations Act, 2018 (P.L. 155-141) until
2022.
The agreement includes section 255 rescinding unobligated
emergency supplemental funds.
The agreement includes section 256 to allow fiscal year
2020 and 2021 ``Medical Community Care'' funds to be used to
cover obligations that otherwise would be paid by the Veterans
Choice Fund, if necessary.
The agreement includes section 257 clarifying fiscal year
2020 ``Medical Services'' funds should not be used for aid to
State homes.
TITLE III
RELATED AGENCIES
American Battle Monuments Commission
SALARIES AND EXPENSES
The agreement provides $84,100,000 for Salaries and
Expenses of the American Battle Monuments Commission (ABMC), an
increase of $9,000,000 above the budget request to support
ABMC's unfunded requirements for high-priority projects and
address the maintenance backlog at existing monuments and
cemeteries. The additional funds are provided to accelerate the
Commission's five-year plan, not only to maintain the
cemeteries and monuments honoring America's war dead, but also
to preserve and communicate these veterans' stories of courage
and sacrifice.
American Battle Monuments Commission.--On October 22, 2018,
ABMC submitted a plan to spend $28,900,000 in additional
funding that Congress appropriated in fiscal year 2019 to
support ABMC's unfunded cemetery requirements. ABMC's plan
includes $20,400,000 for the Honolulu interpretive center at
the National Memorial Cemetery of the Pacific, known as the
``Punchbowl.'' The National Cemetery Administration (NCA) has
identified a site for the interpretive center adjacent to its
administrative facility that will serve ABMC's interpretive
mission without affecting burial space inside the cemetery.
ABMC is directed, in conjunction with NCA, to execute the
funding appropriated for projects identified in its October
2018 spend plan to Congress and to complete the proposed siting
and construction feasibility evaluation at the administrative
facility-adjacent location to ensure the interpretive center
remains in balance with the long-term mission and legacy of the
Punchbowl.
FOREIGN CURRENCY FLUCTUATIONS ACCOUNT
The agreement provides such sums as necessary for the
Foreign Currency Fluctuations Account.
united states court of appeals for veterans claims
SALARIES AND EXPENSES
The agreement provides $35,400,000 for Salaries and
Expenses for the United States Court of Appeals for Veterans
Claims.
DEPARTMENT OF DEFENSE--CIVIL
Cemeterial Expenses, Army
SALARIES AND EXPENSES
The agreement provides $80,800,000 for Cemeterial Expenses,
Army.--Salaries and Expenses. This amount is equal to the
fiscal year 2019 enacted level and $10,000,000 above the budget
request. Within that amount, up to $15,000,000 in funding is
available until September 30, 2022.
The budget request for Arlington National Cemetery's
operating account has been held artificially flat for a number
of years, and this action is having a deleterious effect on the
Cemetery's performance and ability to meet its mission. It is
unacceptable that the Cemetery's budget requests are
continually inadequate to maintain the current level of
services. The Cemetery cannot be under-resourced, and
accordingly, the bill provides an additional $10,000,000 to
correct this deficiency.
This agreement reflects unwavering support for the Cemetery
and the successful completion of the Cemetery's truly unique
and honored mission. Accordingly, the Secretary of the Army is
again directed to include this increase in the Cemetery's
baseline budget and ensure future budget requests provide ample
resources for the Cemetery, including funding to complete the
planned Southern Expansion and ensure that the life of our
Nation's most prestigious cemetery is extended into the 2050
timeframe.
ARMED FORCES RETIREMENT HOME
TRUST FUND
The agreement provides a total of $75,300,000 for the Armed
Forces Retirement Home (AFRH), an increase of $11,000,000 above
the fiscal year 2019 enacted level and the budget request. The
increase is intended to support high-priority capital projects.
AFRH-W Development.--The Committees recognize the critical
role of AFRH in providing residences and related services for
certain retired and former members of the Armed Forces and
support AFRH's efforts to lease 80 acres of underutilized land
on its Washington, D.C., campus. AFRH is directed to submit
quarterly reports to the Committees on Appropriations of both
Houses of Congress outlining the redevelopment progress against
the AFRH-W Master Plan, including the status of the lease
negotiations and the financial transparency of the development
project.
ADMINISTRATIVE PROVISION
The agreement includes section 301 allowing Arlington
National Cemetery to deposit and use funds derived from
concessions.
TITLE IV
Overseas Contingency Operations
DEPARTMENT OF DEFENSE
The agreement includes title IV, Overseas Contingency
Operations, for military construction projects related to the
Global War on Terrorism and the European Deterrence/Reassurance
Initiative.
MILITARY CONSTRUCTION, ARMY
The agreement includes $111,968,000 for ``Military
Construction, Army'', for planning and design and construction
in support of Overseas Contingency Operations and the European
Deterrence/Reassurance Initiative.
MILITARY CONSTRUCTION, NAVY AND MARINE CORPS
The agreement includes $94,570,000 for ``Military
Construction, Navy and Marine Corps'', for planning and design
and construction in support of Overseas Contingency Operations
and the European Deterrence/Reassurance Initiative.
MILITARY CONSTRUCTION, AIR FORCE
The agreement includes $391,988,000 for ``Military
Construction, Air Force'', for planning and design and
construction in support of Overseas Contingency Operations and
the European Deterrence/Reassurance Initiative.
MILITARY CONSTRUCTION, DEFENSE-WIDE
The agreement includes $46,000,000 for ``Military
Construction, Defense-Wide'', for planning and design and
construction in support of Overseas Contingency Operations and
the European Deterrence/Reassurance Initiative.
ADMINISTRATIVE PROVISION
The agreement includes section 401 which requires the
Department of Defense to provide a future year defense program
for European Deterrence/Reassurance Initiative to the
congressional defense committees.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
TITLE V
Natural Disaster Relief
DEPARTMENT OF DEFENSE
MILITARY CONSTRUCTION, NAVY AND MARINE CORPS
The agreement includes $3,477,000,000 for ``Navy and Marine
Corps'' for military construction and planning and design for
damages related to Hurricanes Florence and Michael, flooding
and earthquakes in fiscal year 2019.
MILITARY CONSTRUCTION, AIR FORCE
The agreement includes $2,605,200,000 for ``Air Force'' for
military construction and planning and design for damages
related to Hurricanes Florence and Michael, flooding and
earthquakes in fiscal year 2019.
MILITARY CONSTRUCTION, DEFENSE-WIDE
The agreement includes $77,175,000 for ``Defense-Wide'' for
military construction and planning and design for damages
related to Hurricanes Florence and Michael, flooding and
earthquakes in fiscal year 2019.
MILITARY CONSTRUCTION, ARMY NATIONAL GUARD
The agreement includes $66,000,000 for ``Army National
Guard'' for military construction and planning and design for
damages related to Hurricanes Florence and Michael, and
flooding, tornadoes and earthquakes in fiscal year 2019.
MILITARY CONSTRUCTION, ARMY RESERVE
The agreement includes $3,300,000 for ``Army Reserve''
military construction and planning and design for damages
related to Hurricanes Florence and Michael, flooding and
earthquakes in fiscal year 2019.
ADMINISTRATIVE PROVISION
The agreement includes section 501 that notwithstanding any
other provision of law, funds made available in this title
shall only be used for the purposes as described under this
heading.
TITLE VI
General Provisions
The agreement includes section 601 prohibiting the
obligation of funds in this Act beyond the current fiscal year
unless expressly so provided.
The agreement includes section 602 prohibiting the use of
the funds in this Act for programs, projects, or activities not
in compliance with Federal law relating to risk assessment, the
protection of private property rights, or unfunded mandates.
The agreement includes section 603 encouraging all
Departments to expand their use of ``E-Commerce.''
The agreement includes section 604 specifying the
congressional committees that are to receive all reports and
notifications.
The agreement includes section 605 prohibiting the transfer
of funds to any instrumentality of the United States Government
without authority from an appropriations Act.
The agreement includes section 606 prohibiting the use of
funds for a project or program named for a serving Member,
Delegate, or Resident Commissioner of the United States House
of Representatives.
The agreement includes section 607 requiring all reports
submitted to Congress to be posted on official web sites of the
submitting agency.
The agreement includes section 608 prohibiting the use of
funds to establish or maintain a computer network unless such
network blocks the viewing, downloading, and exchanging of
pornography, except for law enforcement investigation,
prosecution, or adjudication activities.
The agreement includes section 609 prohibiting the use of
funds for the payment of first-class air travel by an employee
of the executive branch.
The agreement includes section 610 prohibiting the use of
funds in this Act for any contract where the contractor has not
complied with E-Verify requirements.
The agreement includes section 611 prohibiting the use of
funds in this Act by the Department of Defense or the
Department of Veterans Affairs for the purchase or lease of a
new vehicle except in accordance with Presidential Memorandum--
Federal Fleet Performance, dated May 24, 2011.
The agreement includes section 612 that any reference to
``this Act'' contained in this division shall only apply to
this division.
The agreement includes section 613 prohibiting these funds
to be used to close facilities under 2687 U.S.C., title 10.
The agreement includes section 614 prohibiting the use of
funds in this Act for the renovation, expansion, or
construction of any facility in the continental United States
for the purpose of housing any individual who has been detained
at the United States Naval Station, Guantanamo Bay, Cuba.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
=======================================================================
[House Appropriations Committee Print]
Consolidated Appropriations Act, 2020
(H.R. 1865; P.L. 116-94)
DIVISION G--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED
PROGRAMS APPROPRIATIONS ACT, 2020
=======================================================================
DIVISION G--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED
PROGRAMS APPROPRIATIONS ACT, 2020
TITLE I
DEPARTMENT OF STATE AND RELATED AGENCY
DEPARTMENT OF STATE
Administration of Foreign Affairs
diplomatic programs
For necessary expenses of the Department of State and the
Foreign Service not otherwise provided for, $9,125,687,000, of
which $754,468,000 may remain available until September 30,
2021, and of which up to $4,095,899,000 may remain available
until expended for Worldwide Security Protection: Provided,
That of the amount made available under this heading for
Worldwide Security Protection, $2,626,122,000 is designated by
the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985: Provided
further, That funds made available under this heading shall be
allocated in accordance with paragraphs (1) through (4) as
follows:
(1) Human resources.--For necessary expenses for
training, human resources management, and salaries,
including employment without regard to civil service
and classification laws of persons on a temporary basis
(not to exceed $700,000), as authorized by section 801
of the United States Information and Educational
Exchange Act of 1948 (62 Stat. 11; Chapter 36),
$2,896,063,000, of which up to $509,782,000 is for
Worldwide Security Protection.
(2) Overseas programs.--For necessary expenses for
the regional bureaus of the Department of State and
overseas activities as authorized by law,
$1,840,143,000.
(3) Diplomatic policy and support.--For necessary
expenses for the functional bureaus of the Department
of State, including representation to certain
international organizations in which the United States
participates pursuant to treaties ratified pursuant to
the advice and consent of the Senate or specific Acts
of Congress, general administration, and arms control,
nonproliferation, and disarmament activities as
authorized, $780,057,000.
(4) Security programs.--For necessary expenses for
security activities, $3,609,424,000, of which up to
$3,586,117,000 is for Worldwide Security Protection.
(5) Fees and payments collected.--In addition to
amounts otherwise made available under this heading--
(A) as authorized by section 810 of the
United States Information and Educational
Exchange Act, not to exceed $5,000,000, to
remain available until expended, may be
credited to this appropriation from fees or
other payments received from English teaching,
library, motion pictures, and publication
programs and from fees from educational
advising and counseling and exchange visitor
programs; and
(B) not to exceed $15,000, which shall be
derived from reimbursements, surcharges, and
fees for use of Blair House facilities.
(6) Transfer of funds, reprogramming, and other
matters.--
(A) Notwithstanding any other provision of
this Act, funds may be reprogrammed within and
between paragraphs (1) through (4) under this
heading subject to section 7015 of this Act.
(B) Of the amount made available under this
heading, not to exceed $10,000,000 may be
transferred to, and merged with, funds made
available by this Act under the heading
``Emergencies in the Diplomatic and Consular
Service'', to be available only for emergency
evacuations and rewards, as authorized.
(C) Funds appropriated under this heading are
available for acquisition by exchange or
purchase of passenger motor vehicles as
authorized by law and, pursuant to section
1108(g) of title 31, United States Code, for
the field examination of programs and
activities in the United States funded from any
account contained in this title.
(7) Clarification.--References to the ``Diplomatic
and Consular Programs'' account in any provision of law
shall in this fiscal year, and each fiscal year
thereafter, be construed to include the ``Diplomatic
Programs'' account.
capital investment fund
For necessary expenses of the Capital Investment Fund, as
authorized, $139,500,000, to remain available until expended.
office of inspector general
For necessary expenses of the Office of Inspector General,
$90,829,000, of which $13,624,000 may remain available until
September 30, 2021: Provided, That funds appropriated under
this heading are made available notwithstanding section
209(a)(1) of the Foreign Service Act of 1980 (22 U.S.C.
3929(a)(1)), as it relates to post inspections.
In addition, for the Special Inspector General for
Afghanistan Reconstruction (SIGAR) for reconstruction
oversight, $54,900,000, to remain available until September 30,
2021, which is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
Deficit Control Act of 1985: Provided, That funds appropriated
under this heading that are made available for the printing and
reproduction costs of SIGAR shall not exceed amounts for such
costs during fiscal year 2019.
educational and cultural exchange programs
For necessary expenses of educational and cultural exchange
programs, as authorized, $730,700,000, to remain available
until expended, of which not less than $272,000,000 shall be
for the Fulbright Program and not less than $111,860,000 shall
be for Citizen Exchange Program: Provided, That fees or other
payments received from, or in connection with, English
teaching, educational advising and counseling programs, and
exchange visitor programs as authorized may be credited to this
account, to remain available until expended: Provided further,
That a portion of the Fulbright awards from the Eurasia and
Central Asia regions shall be designated as Edmund S. Muskie
Fellowships, following consultation with the Committees on
Appropriations: Provided further, That funds appropriated
under this heading that are made available for the Benjamin
Gilman International Scholarships Program shall also be made
available for the John S. McCain Scholars Program, pursuant to
section 7075 of the Department of State, Foreign Operations,
and Related Programs Appropriations Act, 2019 (division F of
Public Law 116-6): Provided further, That funds appropriated
under this heading shall be made available for a Civil Society
Exchange Program, in accordance with the requirements specified
under this heading in the explanatory statement described in
section 4 (in the matter preceding division A of this
consolidated Act), and following consultation with the
Committees on Appropriations: Provided further, That any
substantive modifications from the prior fiscal year to
programs funded by this Act under this heading shall be subject
to prior consultation with, and the regular notification
procedures of, the Committees on Appropriations.
representation expenses
For representation expenses as authorized, $7,212,000.
protection of foreign missions and officials
For necessary expenses, not otherwise provided, to enable the
Secretary of State to provide for extraordinary protective
services, as authorized, $30,890,000, to remain available until
September 30, 2021.
embassy security, construction, and maintenance
For necessary expenses for carrying out the Foreign Service
Buildings Act of 1926 (22 U.S.C. 292 et seq.), preserving,
maintaining, repairing, and planning for real property that are
owned or leased by the Department of State, and renovating, in
addition to funds otherwise available, the Harry S Truman
Building, $769,800,000, to remain available until September 30,
2024, of which not to exceed $25,000 may be used for overseas
representation expenses as authorized: Provided, That none of
the funds appropriated in this paragraph shall be available for
acquisition of furniture, furnishings, or generators for other
departments and agencies of the United States Government.
In addition, for the costs of worldwide security upgrades,
acquisition, and construction as authorized, $1,205,649,000, to
remain available until expended, of which $424,087,000 is
designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
emergencies in the diplomatic and consular service
For necessary expenses to enable the Secretary of State to
meet unforeseen emergencies arising in the Diplomatic and
Consular Service, as authorized, $7,885,000, to remain
available until expended, of which not to exceed $1,000,000 may
be transferred to, and merged with, funds appropriated by this
Act under the heading ``Repatriation Loans Program Account''.
repatriation loans program account
For the cost of direct loans, $1,300,000, as authorized:
Provided, That such costs, including the cost of modifying such
loans, shall be as defined in section 502 of the Congressional
Budget Act of 1974: Provided further, That such funds are
available to subsidize gross obligations for the principal
amount of direct loans not to exceed $5,563,619.
payment to the american institute in taiwan
For necessary expenses to carry out the Taiwan Relations Act
(Public Law 96-8), $31,963,000.
international center, washington, district of columbia
Not to exceed $1,806,600 shall be derived from fees collected
from other executive agencies for lease or use of facilities at
the International Center in accordance with section 4 of the
International Center Act (Public Law 90-553), and, in addition,
as authorized by section 5 of such Act, $743,000, to be derived
from the reserve authorized by such section, to be used for the
purposes set out in that section.
payment to the foreign service retirement and disability fund
For payment to the Foreign Service Retirement and Disability
Fund, as authorized, $158,900,000.
International Organizations
contributions to international organizations
For necessary expenses, not otherwise provided for, to meet
annual obligations of membership in international multilateral
organizations, pursuant to treaties ratified pursuant to the
advice and consent of the Senate, conventions, or specific Acts
of Congress, $1,473,806,000, of which $96,240,000, to remain
available until September 30, 2021, is designated by the
Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985: Provided,
That the Secretary of State shall, at the time of the
submission of the President's budget to Congress under section
1105(a) of title 31, United States Code, transmit to the
Committees on Appropriations the most recent biennial budget
prepared by the United Nations for the operations of the United
Nations: Provided further, That the Secretary of State shall
notify the Committees on Appropriations at least 15 days in
advance (or in an emergency, as far in advance as is
practicable) of any United Nations action to increase funding
for any United Nations program without identifying an
offsetting decrease elsewhere in the United Nations budget:
Provided further, That any payment of arrearages under this
heading shall be directed to activities that are mutually
agreed upon by the United States and the respective
international organization and shall be subject to the regular
notification procedures of the Committees on Appropriations:
Provided further, That none of the funds appropriated under
this heading shall be available for a United States
contribution to an international organization for the United
States share of interest costs made known to the United States
Government by such organization for loans incurred on or after
October 1, 1984, through external borrowings.
contributions for international peacekeeping activities
For necessary expenses to pay assessed and other expenses of
international peacekeeping activities directed to the
maintenance or restoration of international peace and security,
$1,526,383,000, of which $988,656,000 is designated by the
Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985: Provided,
That of the funds made available under this heading, up to
$1,069,315,000 may remain available until September 30, 2021:
Provided further, That none of the funds made available by this
Act shall be obligated or expended for any new or expanded
United Nations peacekeeping mission unless, at least 15 days in
advance of voting for such mission in the United Nations
Security Council (or in an emergency as far in advance as is
practicable), the Committees on Appropriations are notified of:
(1) the estimated cost and duration of the mission, the
objectives of the mission, the national interest that will be
served, and the exit strategy; and (2) the sources of funds,
including any reprogrammings or transfers, that will be used to
pay the cost of the new or expanded mission, and the estimated
cost in future fiscal years: Provided further, That none of
the funds appropriated under this heading may be made available
for obligation unless the Secretary of State certifies and
reports to the Committees on Appropriations on a peacekeeping
mission-by-mission basis that the United Nations is
implementing effective policies and procedures to prevent
United Nations employees, contractor personnel, and
peacekeeping troops serving in such mission from trafficking in
persons, exploiting victims of trafficking, or committing acts
of sexual exploitation and abuse or other violations of human
rights, and to hold accountable individuals who engage in such
acts while participating in such mission, including prosecution
in their home countries and making information about such
prosecutions publicly available on the website of the United
Nations: Provided further, That the Secretary of State shall
work with the United Nations and foreign governments
contributing peacekeeping troops to implement effective vetting
procedures to ensure that such troops have not violated human
rights: Provided further, That funds shall be available for
peacekeeping expenses unless the Secretary of State determines
that United States manufacturers and suppliers are not being
given opportunities to provide equipment, services, and
material for United Nations peacekeeping activities equal to
those being given to foreign manufacturers and suppliers:
Provided further, That none of the funds appropriated or
otherwise made available under this heading may be used for any
United Nations peacekeeping mission that will involve United
States Armed Forces under the command or operational control of
a foreign national, unless the President's military advisors
have submitted to the President a recommendation that such
involvement is in the national interest of the United States
and the President has submitted to Congress such a
recommendation: Provided further, That the Secretary of State
shall work with the United Nations and members of the United
Nations Security Council to evaluate and prioritize
peacekeeping missions, and to consider a drawdown when mission
goals have been substantially achieved: Provided further, That
any payment of arrearages with funds appropriated by this Act
shall be subject to the regular notification procedures of the
Committees on Appropriations.
International Commissions
For necessary expenses, not otherwise provided for, to meet
obligations of the United States arising under treaties, or
specific Acts of Congress, as follows:
international boundary and water commission, united states and mexico
For necessary expenses for the United States Section of the
International Boundary and Water Commission, United States and
Mexico, and to comply with laws applicable to the United States
Section, including not to exceed $6,000 for representation
expenses; as follows:
salaries and expenses
For salaries and expenses, not otherwise provided for,
$48,170,000.
construction
For detailed plan preparation and construction of authorized
projects, $36,900,000, to remain available until expended, as
authorized.
american sections, international commissions
For necessary expenses, not otherwise provided, for the
International Joint Commission and the International Boundary
Commission, United States and Canada, as authorized by treaties
between the United States and Canada or Great Britain, and the
Border Environment Cooperation Commission as authorized by the
North American Free Trade Agreement Implementation Act (Public
Law 103-182), $15,008,000: Provided, That of the amount
provided under this heading for the International Joint
Commission, up to $1,250,000 may remain available until
September 30, 2021, and up to $9,000 may be made available for
representation expenses: Provided further, That of the amount
provided under this heading for the International Boundary
Commission, up to $1,000 may be made available for
representation expenses.
international fisheries commissions
For necessary expenses for international fisheries
commissions, not otherwise provided for, as authorized by law,
$62,718,000: Provided, That the United States share of such
expenses may be advanced to the respective commissions pursuant
to section 3324 of title 31, United States Code.
RELATED AGENCY
United States Agency for Global Media
international broadcasting operations
For necessary expenses to enable the United States Agency for
Global Media (USAGM), as authorized, to carry out international
communication activities, and to make and supervise grants for
radio, Internet, and television broadcasting to the Middle
East, $798,696,000: Provided, That in addition to amounts
otherwise available for such purposes, up to $40,708,000 of the
amount appropriated under this heading may remain available
until expended for satellite transmissions and Internet freedom
programs, of which not less than $20,000,000 shall be for
Internet freedom programs: Provided further, That of the total
amount appropriated under this heading, not to exceed $35,000
may be used for representation expenses, of which $10,000 may
be used for such expenses within the United States as
authorized, and not to exceed $30,000 may be used for
representation expenses of Radio Free Europe/Radio Liberty:
Provided further, That the USAGM shall notify the Committees on
Appropriations within 15 days of any determination by the USAGM
that any of its broadcast entities, including its grantee
organizations, provides an open platform for international
terrorists or those who support international terrorism, or is
in violation of the principles and standards set forth in
subsections (a) and (b) of section 303 of the United States
International Broadcasting Act of 1994 (22 U.S.C. 6202) or the
entity's journalistic code of ethics: Provided further, That
in addition to funds made available under this heading, and
notwithstanding any other provision of law, up to $5,000,000 in
receipts from advertising and revenue from business ventures,
up to $500,000 in receipts from cooperating international
organizations, and up to $1,000,000 in receipts from
privatization efforts of the Voice of America and the
International Broadcasting Bureau, shall remain available until
expended for carrying out authorized purposes: Provided
further, That significant modifications to USAGM broadcast
hours previously justified to Congress, including changes to
transmission platforms (shortwave, medium wave, satellite,
Internet, and television), for all USAGM language services
shall be subject to the regular notification procedures of the
Committees on Appropriations: Provided further, That up to
$7,000,000 from the USAGM Buying Power Maintenance account may
be transferred to, and merged with, funds appropriated by this
Act under the heading ``International Broadcasting
Operations'', which shall remain available until expended:
Provided further, That such transfer authority is in addition
to any transfer authority otherwise available under any other
provision of law and shall be subject to prior consultation
with, and the regular notification procedures of, the
Committees on Appropriations: Provided further, That any
reference to the ``Broadcasting Board of Governors'' or
``BBG'', including in any account providing amounts to the
Broadcasting Board of Governors, in any Act making
appropriations for the Department of State, foreign operations,
and related programs enacted before, on, or after the date of
the enactment of this Act shall for this fiscal year, and any
fiscal year thereafter, be construed to mean the ``United
States Agency for Global Media'' or ``USAGM'', respectively.
broadcasting capital improvements
For the purchase, rent, construction, repair, preservation,
and improvement of facilities for radio, television, and
digital transmission and reception; the purchase, rent, and
installation of necessary equipment for radio, television, and
digital transmission and reception, including to Cuba, as
authorized; and physical security worldwide, in addition to
amounts otherwise available for such purposes, $11,700,000, to
remain available until expended, as authorized, of which not
less than $2,000,000 shall be made available for emergency
repairs to USAGM transmitting stations.
RELATED PROGRAMS
The Asia Foundation
For a grant to The Asia Foundation, as authorized by The Asia
Foundation Act (22 U.S.C. 4402), $19,000,000, to remain
available until expended: Provided, That funds appropriated
under this heading shall be apportioned and obligated to the
Foundation not later than 60 days after enactment of this Act.
United States Institute of Peace
For necessary expenses of the United States Institute of
Peace, as authorized by the United States Institute of Peace
Act (22 U.S.C. 4601 et seq.), $45,000,000, to remain available
until September 30, 2021, which shall not be used for
construction activities.
Center for Middle Eastern-Western Dialogue Trust Fund
For necessary expenses of the Center for Middle Eastern-
Western Dialogue Trust Fund, as authorized by section 633 of
the Departments of Commerce, Justice, and State, the Judiciary,
and Related Agencies Appropriations Act, 2004 (22 U.S.C. 2078),
the total amount of the interest and earnings accruing to such
Fund on or before September 30, 2020, to remain available until
expended.
Eisenhower Exchange Fellowship Program
For necessary expenses of Eisenhower Exchange Fellowships,
Incorporated, as authorized by sections 4 and 5 of the
Eisenhower Exchange Fellowship Act of 1990 (20 U.S.C. 5204-
5205), all interest and earnings accruing to the Eisenhower
Exchange Fellowship Program Trust Fund on or before September
30, 2020, to remain available until expended: Provided, That
none of the funds appropriated herein shall be used to pay any
salary or other compensation, or to enter into any contract
providing for the payment thereof, in excess of the rate
authorized by section 5376 of title 5, United States Code; or
for purposes which are not in accordance with section 200 of
title 2 of the Code of Federal Regulations, including the
restrictions on compensation for personal services.
Israeli Arab Scholarship Program
For necessary expenses of the Israeli Arab Scholarship
Program, as authorized by section 214 of the Foreign Relations
Authorization Act, Fiscal Years 1992 and 1993 (22 U.S.C. 2452
note), all interest and earnings accruing to the Israeli Arab
Scholarship Fund on or before September 30, 2020, to remain
available until expended.
East-West Center
To enable the Secretary of State to provide for carrying out
the provisions of the Center for Cultural and Technical
Interchange Between East and West Act of 1960, by grant to the
Center for Cultural and Technical Interchange Between East and
West in the State of Hawaii, $16,700,000: Provided, That funds
appropriated under this heading shall be apportioned and
obligated to the Center not later than 60 days after enactment
of this Act.
National Endowment for Democracy
For grants made by the Department of State to the National
Endowment for Democracy, as authorized by the National
Endowment for Democracy Act (22 U.S.C. 4412), $300,000,000, to
remain available until expended, of which $195,840,000 shall be
allocated in the traditional and customary manner, including
for the core institutes, and $104,160,000 shall be for
democracy programs: Provided, That the requirements of section
7061(a) of this Act shall not apply to funds made available
under this heading: Provided further, That funds appropriated
under this heading shall be apportioned and obligated to the
Endowment not later than 60 days after enactment of this Act.
OTHER COMMISSIONS
Commission for the Preservation of America's Heritage Abroad
salaries and expenses
For necessary expenses for the Commission for the
Preservation of America's Heritage Abroad, $675,000, as
authorized by chapter 3123 of title 54, United States Code:
Provided, That the Commission may procure temporary,
intermittent, and other services notwithstanding paragraph (3)
of section 312304(b) of such chapter: Provided further, That
such authority shall terminate on October 1, 2020: Provided
further, That the Commission shall notify the Committees on
Appropriations prior to exercising such authority.
United States Commission on International Religious Freedom
salaries and expenses
For necessary expenses for the United States Commission on
International Religious Freedom (USCIRF), as authorized by
title II of the International Religious Freedom Act of 1998 (22
U.S.C. 6431 et seq.), $4,500,000, to remain available until
September 30, 2021, including not more than $4,000 for
representation expenses: Provided, That prior to the
obligation of $1,000,000 of the funds appropriated under this
heading, the Commission shall consult with the appropriate
congressional committees on the status of legislation to
reauthorize the Commission, and such funds shall be subject to
the regular notification procedures of the Committees on
Appropriations.
Commission on Security and Cooperation in Europe
salaries and expenses
For necessary expenses of the Commission on Security and
Cooperation in Europe, as authorized by Public Law 94-304 (22
U.S.C. 3001 et seq.), $2,579,000, including not more than
$4,000 for representation expenses, to remain available until
September 30, 2021.
Congressional-Executive Commission on the People's Republic of China
salaries and expenses
For necessary expenses of the Congressional-Executive
Commission on the People's Republic of China, as authorized by
title III of the U.S.-China Relations Act of 2000 (22 U.S.C.
6911 et seq.), $2,250,000, including not more than $3,000 for
representation expenses, to remain available until September
30, 2021.
United States-China Economic and Security Review Commission
salaries and expenses
For necessary expenses of the United States-China Economic
and Security Review Commission, as authorized by section 1238
of the Floyd D. Spence National Defense Authorization Act for
Fiscal Year 2001 (22 U.S.C. 7002), $3,500,000, including not
more than $4,000 for representation expenses, to remain
available until September 30, 2021: Provided, That the
authorities, requirements, limitations, and conditions
contained in the second through sixth provisos under this
heading in the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2010 (division F of Public
Law 111-117) shall continue in effect during fiscal year 2020
and shall apply to funds appropriated under this heading.
TITLE II
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
Funds Appropriated to the President
operating expenses
For necessary expenses to carry out the provisions of section
667 of the Foreign Assistance Act of 1961, $1,377,246,000, of
which up to $206,587,000 may remain available until September
30, 2021: Provided, That none of the funds appropriated under
this heading and under the heading ``Capital Investment Fund''
in this title may be made available to finance the construction
(including architect and engineering services), purchase, or
long-term lease of offices for use by the United States Agency
for International Development, unless the USAID Administrator
has identified such proposed use of funds in a report submitted
to the Committees on Appropriations at least 15 days prior to
the obligation of funds for such purposes: Provided further,
That contracts or agreements entered into with funds
appropriated under this heading may entail commitments for the
expenditure of such funds through the following fiscal year:
Provided further, That the authority of sections 610 and 109 of
the Foreign Assistance Act of 1961 may be exercised by the
Secretary of State to transfer funds appropriated to carry out
chapter 1 of part I of such Act to ``Operating Expenses'' in
accordance with the provisions of those sections: Provided
further, That of the funds appropriated or made available under
this heading, not to exceed $250,000 may be available for
representation and entertainment expenses, of which not to
exceed $5,000 may be available for entertainment expenses, and
not to exceed $100,500 shall be for official residence
expenses, for USAID during the current fiscal year: Provided
further, That the USAID Administrator shall consult with the
Committees on Appropriations not later than 60 days after
enactment of this Act on changes to the account structure as
described in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated Act).
capital investment fund
For necessary expenses for overseas construction and related
costs, and for the procurement and enhancement of information
technology and related capital investments, pursuant to section
667 of the Foreign Assistance Act of 1961, $210,300,000, to
remain available until expended: Provided, That this amount is
in addition to funds otherwise available for such purposes:
Provided further, That funds appropriated under this heading
shall be available subject to the regular notification
procedures of the Committees on Appropriations.
office of inspector general
For necessary expenses to carry out the provisions of section
667 of the Foreign Assistance Act of 1961, $75,500,000, of
which up to $11,325,000 may remain available until September
30, 2021, for the Office of Inspector General of the United
States Agency for International Development.
TITLE III
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
For necessary expenses to enable the President to carry out
the provisions of the Foreign Assistance Act of 1961, and for
other purposes, as follows:
global health programs
For necessary expenses to carry out the provisions of
chapters 1 and 10 of part I of the Foreign Assistance Act of
1961, for global health activities, in addition to funds
otherwise available for such purposes, $3,162,450,000, to
remain available until September 30, 2021, and which shall be
apportioned directly to the United States Agency for
International Development not later than 60 days after
enactment of this Act: Provided, That this amount shall be
made available for training, equipment, and technical
assistance to build the capacity of public health institutions
and organizations in developing countries, and for such
activities as: (1) child survival and maternal health programs;
(2) immunization and oral rehydration programs; (3) other
health, nutrition, water and sanitation programs which directly
address the needs of mothers and children, and related
education programs; (4) assistance for children displaced or
orphaned by causes other than AIDS; (5) programs for the
prevention, treatment, control of, and research on HIV/AIDS,
tuberculosis, polio, malaria, and other infectious diseases
including neglected tropical diseases, and for assistance to
communities severely affected by HIV/AIDS, including children
infected or affected by AIDS; (6) disaster preparedness
training for health crises; (7) programs to prevent, prepare
for, and respond to, unanticipated and emerging global health
threats; and (8) family planning/reproductive health: Provided
further, That funds appropriated under this paragraph may be
made available for a United States contribution to The GAVI
Alliance: Provided further, That none of the funds made
available in this Act nor any unobligated balances from prior
appropriations Acts may be made available to any organization
or program which, as determined by the President of the United
States, supports or participates in the management of a program
of coercive abortion or involuntary sterilization: Provided
further, That any determination made under the previous proviso
must be made not later than 6 months after the date of
enactment of this Act, and must be accompanied by the evidence
and criteria utilized to make the determination: Provided
further, That none of the funds made available under this Act
may be used to pay for the performance of abortion as a method
of family planning or to motivate or coerce any person to
practice abortions: Provided further, That nothing in this
paragraph shall be construed to alter any existing statutory
prohibitions against abortion under section 104 of the Foreign
Assistance Act of 1961: Provided further, That none of the
funds made available under this Act may be used to lobby for or
against abortion: Provided further, That in order to reduce
reliance on abortion in developing nations, funds shall be
available only to voluntary family planning projects which
offer, either directly or through referral to, or information
about access to, a broad range of family planning methods and
services, and that any such voluntary family planning project
shall meet the following requirements: (1) service providers or
referral agents in the project shall not implement or be
subject to quotas, or other numerical targets, of total number
of births, number of family planning acceptors, or acceptors of
a particular method of family planning (this provision shall
not be construed to include the use of quantitative estimates
or indicators for budgeting and planning purposes); (2) the
project shall not include payment of incentives, bribes,
gratuities, or financial reward to: (A) an individual in
exchange for becoming a family planning acceptor; or (B)
program personnel for achieving a numerical target or quota of
total number of births, number of family planning acceptors, or
acceptors of a particular method of family planning; (3) the
project shall not deny any right or benefit, including the
right of access to participate in any program of general
welfare or the right of access to health care, as a consequence
of any individual's decision not to accept family planning
services; (4) the project shall provide family planning
acceptors comprehensible information on the health benefits and
risks of the method chosen, including those conditions that
might render the use of the method inadvisable and those
adverse side effects known to be consequent to the use of the
method; and (5) the project shall ensure that experimental
contraceptive drugs and devices and medical procedures are
provided only in the context of a scientific study in which
participants are advised of potential risks and benefits; and,
not less than 60 days after the date on which the USAID
Administrator determines that there has been a violation of the
requirements contained in paragraph (1), (2), (3), or (5) of
this proviso, or a pattern or practice of violations of the
requirements contained in paragraph (4) of this proviso, the
Administrator shall submit to the Committees on Appropriations
a report containing a description of such violation and the
corrective action taken by the Agency: Provided further, That
in awarding grants for natural family planning under section
104 of the Foreign Assistance Act of 1961 no applicant shall be
discriminated against because of such applicant's religious or
conscientious commitment to offer only natural family planning;
and, additionally, all such applicants shall comply with the
requirements of the previous proviso: Provided further, That
for purposes of this or any other Act authorizing or
appropriating funds for the Department of State, foreign
operations, and related programs, the term ``motivate'', as it
relates to family planning assistance, shall not be construed
to prohibit the provision, consistent with local law, of
information or counseling about all pregnancy options:
Provided further, That information provided about the use of
condoms as part of projects or activities that are funded from
amounts appropriated by this Act shall be medically accurate
and shall include the public health benefits and failure rates
of such use.
In addition, for necessary expenses to carry out the
provisions of the Foreign Assistance Act of 1961 for the
prevention, treatment, and control of, and research on, HIV/
AIDS, $5,930,000,000, to remain available until September 30,
2024, which shall be apportioned directly to the Department of
State not later than 60 days after enactment of this Act:
Provided, That funds appropriated under this paragraph may be
made available, notwithstanding any other provision of law,
except for the United States Leadership Against HIV/AIDS,
Tuberculosis, and Malaria Act of 2003 (Public Law 108-25), for
a United States contribution to the Global Fund to Fight AIDS,
Tuberculosis and Malaria (Global Fund): Provided further, That
the amount of such contribution shall be $1,560,000,000 and
shall be for the first installment of the sixth replenishment:
Provided further, That up to 5 percent of the aggregate amount
of funds made available to the Global Fund in fiscal year 2020
may be made available to USAID for technical assistance related
to the activities of the Global Fund, subject to the regular
notification procedures of the Committees on Appropriations:
Provided further, That of the funds appropriated under this
paragraph, up to $17,000,000 may be made available, in addition
to amounts otherwise available for such purposes, for
administrative expenses of the Office of the United States
Global AIDS Coordinator.
development assistance
For necessary expenses to carry out the provisions of
sections 103, 105, 106, 214, and sections 251 through 255, and
chapter 10 of part I of the Foreign Assistance Act of 1961,
$3,400,000,000, to remain available until September 30, 2021:
Provided, That funds made available under this heading shall be
apportioned directly to the United States Agency for
International Development not later than 60 days after
enactment of this Act.
international disaster assistance
For necessary expenses to carry out the provisions of section
491 of the Foreign Assistance Act of 1961 for international
disaster relief, rehabilitation, and reconstruction assistance,
$4,395,362,000, to remain available until expended, of which
$1,733,980,000 is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
Deficit Control Act of 1985: Provided, That funds made
available under this heading shall be apportioned to the United
States Agency for International Development not later than 60
days after enactment of this Act.
transition initiatives
For necessary expenses for international disaster
rehabilitation and reconstruction assistance administered by
the Office of Transition Initiatives, United States Agency for
International Development, pursuant to section 491 of the
Foreign Assistance Act of 1961, and to support transition to
democracy and long-term development of countries in crisis,
$92,043,000, to remain available until expended: Provided,
That such support may include assistance to develop,
strengthen, or preserve democratic institutions and processes,
revitalize basic infrastructure, and foster the peaceful
resolution of conflict: Provided further, That the USAID
Administrator shall submit a report to the Committees on
Appropriations at least 5 days prior to beginning a new program
of assistance: Provided further, That if the Secretary of
State determines that it is important to the national interest
of the United States to provide transition assistance in excess
of the amount appropriated under this heading, up to
$15,000,000 of the funds appropriated by this Act to carry out
the provisions of part I of the Foreign Assistance Act of 1961
may be used for purposes of this heading and under the
authorities applicable to funds appropriated under this
heading: Provided further, That funds made available pursuant
to the previous proviso shall be made available subject to
prior consultation with the Committees on Appropriations.
complex crises fund
For necessary expenses to carry out the provisions of the
Foreign Assistance Act of 1961 to support programs and
activities administered by the United States Agency for
International Development to prevent or respond to emerging or
unforeseen foreign challenges and complex crises overseas,
$30,000,000, to remain available until expended: Provided,
That funds appropriated under this heading may be made
available on such terms and conditions as are appropriate and
necessary for the purposes of preventing or responding to such
challenges and crises, except that no funds shall be made
available for lethal assistance or to respond to natural
disasters: Provided further, That funds appropriated under
this heading may be made available notwithstanding any other
provision of law, except sections 7007, 7008, and 7018 of this
Act and section 620M of the Foreign Assistance Act of 1961:
Provided further, That funds appropriated under this heading
may be used for administrative expenses, in addition to funds
otherwise available for such purposes, except that such
expenses may not exceed 5 percent of the funds appropriated
under this heading: Provided further, That funds appropriated
under this heading shall be apportioned to USAID not later than
60 days after enactment of this Act: Provided further, That
funds appropriated under this heading shall be subject to the
regular notification procedures of the Committees on
Appropriations, except that such notifications shall be
transmitted at least 5 days prior to the obligation of funds.
economic support fund
For necessary expenses to carry out the provisions of chapter
4 of part II of the Foreign Assistance Act of 1961,
$3,045,000,000, to remain available until September 30, 2021.
democracy fund
For necessary expenses to carry out the provisions of the
Foreign Assistance Act of 1961 for the promotion of democracy
globally, including to carry out the purposes of section
502(b)(3) and (5) of Public Law 98-164 (22 U.S.C. 4411),
$178,450,000, to remain available until September 30, 2021,
which shall be made available for the Human Rights and
Democracy Fund of the Bureau of Democracy, Human Rights, and
Labor, Department of State, and shall be apportioned to such
Bureau not later than 60 days after enactment of this Act:
Provided, That funds appropriated under this heading that are
made available to the National Endowment for Democracy and its
core institutes are in addition to amounts otherwise available
by this Act for such purposes: Provided further, That the
Assistant Secretary for Democracy, Human Rights, and Labor,
Department of State, shall consult with the Committees on
Appropriations prior to the initial obligation of funds
appropriated under this paragraph.
For an additional amount for such purposes, $95,250,000, to
remain available until September 30, 2021, which shall be made
available for the Bureau for Democracy, Conflict, and
Humanitarian Assistance, United States Agency for International
Development, and shall be apportioned to such Bureau not later
than 60 days after enactment of this Act.
assistance for europe, eurasia and central asia
For necessary expenses to carry out the provisions of the
Foreign Assistance Act of 1961, the FREEDOM Support Act (Public
Law 102-511), and the Support for Eastern European Democracy
(SEED) Act of 1989 (Public Law 101-179), $770,334,000, to
remain available until September 30, 2021, which shall be
available, notwithstanding any other provision of law, except
section 7047 of this Act, for assistance and related programs
for countries identified in section 3 of the FREEDOM Support
Act (22 U.S.C. 5801) and section 3(c) of the SEED Act of 1989
(22 U.S.C. 5402), in addition to funds otherwise available for
such purposes: Provided, That funds appropriated by this Act
under the headings ``Global Health Programs'', ``Economic
Support Fund'', and ``International Narcotics Control and Law
Enforcement'' that are made available for assistance for such
countries shall be administered in accordance with the
responsibilities of the coordinator designated pursuant to
section 102 of the FREEDOM Support Act and section 601 of the
SEED Act of 1989: Provided further, That funds appropriated
under this heading shall be considered to be economic
assistance under the Foreign Assistance Act of 1961 for
purposes of making available the administrative authorities
contained in that Act for the use of economic assistance:
Provided further, That funds appropriated under this heading
may be made available for contributions to multilateral
initiatives to counter hybrid threats: Provided further, That
any notification of funds made available under this heading in
this Act or prior Acts making appropriations for the Department
of State, foreign operations, and related programs shall
include information (if known on the date of transmittal of
such notification) on the use of notwithstanding authority:
Provided further, That if subsequent to the notification of
assistance it becomes necessary to rely on notwithstanding
authority, the Committees on Appropriations should be informed
at the earliest opportunity and to the extent practicable.
Department of State
migration and refugee assistance
For necessary expenses not otherwise provided for, to enable
the Secretary of State to carry out the provisions of section
2(a) and (b) of the Migration and Refugee Assistance Act of
1962 (22 U.S.C. 2601), and other activities to meet refugee and
migration needs; salaries and expenses of personnel and
dependents as authorized by the Foreign Service Act of 1980 (22
U.S.C. 3901 et seq.); allowances as authorized by sections 5921
through 5925 of title 5, United States Code; purchase and hire
of passenger motor vehicles; and services as authorized by
section 3109 of title 5, United States Code, $3,432,000,000, to
remain available until expended, of which: $1,521,355,000 is
designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of
the Balanced Budget and Emergency Deficit Control Act of 1985;
not less than $35,000,000 shall be made available to respond to
small-scale emergency humanitarian requirements; and $5,000,000
shall be made available for refugees resettling in Israel.
united states emergency refugee and migration assistance fund
For necessary expenses to carry out the provisions of section
2(c) of the Migration and Refugee Assistance Act of 1962 (22
U.S.C. 2601(c)), $100,000, to remain available until expended:
Provided, That amounts in excess of the limitation contained in
paragraph (2) of such section shall be transferred to, and
merged with, funds made available by this Act under the heading
``Migration and Refugee Assistance''.
Independent Agencies
peace corps
(including transfer of funds)
For necessary expenses to carry out the provisions of the
Peace Corps Act (22 U.S.C. 2501 et seq.), including the
purchase of not to exceed five passenger motor vehicles for
administrative purposes for use outside of the United States,
$410,500,000, of which $6,330,000 is for the Office of
Inspector General, to remain available until September 30,
2021: Provided, That the Director of the Peace Corps may
transfer to the Foreign Currency Fluctuations Account, as
authorized by section 16 of the Peace Corps Act (22 U.S.C.
2515), an amount not to exceed $5,000,000: Provided further,
That funds transferred pursuant to the previous proviso may not
be derived from amounts made available for Peace Corps overseas
operations: Provided further, That of the funds appropriated
under this heading, not to exceed $104,000 may be available for
representation expenses, of which not to exceed $4,000 may be
made available for entertainment expenses: Provided further,
That none of the funds appropriated under this heading shall be
used to pay for abortions: Provided further, That
notwithstanding the previous proviso, section 614 of division E
of Public Law 113-76 shall apply to funds appropriated under
this heading.
millennium challenge corporation
For necessary expenses to carry out the provisions of the
Millennium Challenge Act of 2003 (22 U.S.C. 7701 et seq.)
(MCA), $905,000,000, to remain available until expended:
Provided, That of the funds appropriated under this heading, up
to $105,000,000 may be available for administrative expenses of
the Millennium Challenge Corporation: Provided further, That
section 605(e) of the MCA (22 U.S.C. 7704(e)) shall apply to
funds appropriated under this heading: Provided further, That
funds appropriated under this heading may be made available for
a Millennium Challenge Compact entered into pursuant to section
609 of the MCA (22 U.S.C. 7708) only if such Compact obligates,
or contains a commitment to obligate subject to the
availability of funds and the mutual agreement of the parties
to the Compact to proceed, the entire amount of the United
States Government funding anticipated for the duration of the
Compact: Provided further, That no country should be eligible
for a threshold program after such country has completed a
country compact: Provided further, That of the funds
appropriated under this heading, not to exceed $100,000 may be
available for representation and entertainment expenses, of
which not to exceed $5,000 may be available for entertainment
expenses.
inter-american foundation
For necessary expenses to carry out the functions of the
Inter-American Foundation in accordance with the provisions of
section 401 of the Foreign Assistance Act of 1969, $37,500,000,
to remain available until September 30, 2021: Provided, That
of the funds appropriated under this heading, not to exceed
$2,000 may be available for representation expenses.
united states african development foundation
For necessary expenses to carry out the African Development
Foundation Act (title V of Public Law 96-533; 22 U.S.C. 290h et
seq.), $33,000,000, to remain available until September 30,
2021, of which not to exceed $2,000 may be available for
representation expenses: Provided, That funds made available
to grantees may be invested pending expenditure for project
purposes when authorized by the Board of Directors of the
United States African Development Foundation (USADF): Provided
further, That interest earned shall be used only for the
purposes for which the grant was made: Provided further, That
notwithstanding section 505(a)(2) of the African Development
Foundation Act (22 U.S.C. 290h-3(a)(2)), in exceptional
circumstances the Board of Directors of the USADF may waive the
$250,000 limitation contained in that section with respect to a
project and a project may exceed the limitation by up to 10
percent if the increase is due solely to foreign currency
fluctuation: Provided further, That the USADF shall submit a
report to the appropriate congressional committees after each
time such waiver authority is exercised: Provided further,
That the USADF may make rent or lease payments in advance from
appropriations available for such purpose for offices,
buildings, grounds, and quarters in Africa as may be necessary
to carry out its functions: Provided further, That the USADF
may maintain bank accounts outside the United States Treasury
and retain any interest earned on such accounts, in furtherance
of the purposes of the African Development Foundation Act:
Provided further, That the USADF may not withdraw any
appropriation from the Treasury prior to the need of spending
such funds for program purposes.
Department of the Treasury
international affairs technical assistance
For necessary expenses to carry out the provisions of section
129 of the Foreign Assistance Act of 1961, $30,000,000, to
remain available until expended, of which not more than
$6,000,000 may be used for administrative expenses: Provided,
That amounts made available under this heading may be made
available to contract for services as described in section
129(d)(3)(A) of the Foreign Assistance Act of 1961, without
regard to the location in which such services are performed.
debt restructuring
For the costs, as defined in section 502 of the Congressional
Budget Act of 1974, of modifying loans and loan guarantees, as
the President may determine, for which funds have been
appropriated or otherwise made available for programs within
the International Affairs Budget Function 150, including the
cost of selling, reducing, or canceling amounts owed to the
United States as a result of concessional loans made to
eligible countries, pursuant to part V of the Foreign
Assistance Act of 1961, $15,000,000, to remain available until
September 30, 2021.
TITLE IV
INTERNATIONAL SECURITY ASSISTANCE
Department of State
international narcotics control and law enforcement
For necessary expenses to carry out section 481 of the
Foreign Assistance Act of 1961, $1,391,000,000, to remain
available until September 30, 2021: Provided, That the
Department of State may use the authority of section 608 of the
Foreign Assistance Act of 1961, without regard to its
restrictions, to receive excess property from an agency of the
United States Government for the purpose of providing such
property to a foreign country or international organization
under chapter 8 of part I of such Act, subject to the regular
notification procedures of the Committees on Appropriations:
Provided further, That section 482(b) of the Foreign Assistance
Act of 1961 shall not apply to funds appropriated under this
heading, except that any funds made available notwithstanding
such section shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided
further, That funds appropriated under this heading shall be
made available to support training and technical assistance for
foreign law enforcement, corrections, judges, and other
judicial authorities, utilizing regional partners: Provided
further, That funds made available under this heading that are
transferred to another department, agency, or instrumentality
of the United States Government pursuant to section 632(b) of
the Foreign Assistance Act of 1961 valued in excess of
$5,000,000, and any agreement made pursuant to section 632(a)
of such Act, shall be subject to the regular notification
procedures of the Committees on Appropriations.
nonproliferation, anti-terrorism, demining and related programs
For necessary expenses for nonproliferation, anti-terrorism,
demining and related programs and activities, $895,750,000, to
remain available until September 30, 2021, to carry out the
provisions of chapter 8 of part II of the Foreign Assistance
Act of 1961 for anti-terrorism assistance, chapter 9 of part II
of the Foreign Assistance Act of 1961, section 504 of the
FREEDOM Support Act (22 U.S.C. 5854), section 23 of the Arms
Export Control Act (22 U.S.C. 2763), or the Foreign Assistance
Act of 1961 for demining activities, the clearance of
unexploded ordnance, the destruction of small arms, and related
activities, notwithstanding any other provision of law,
including activities implemented through nongovernmental and
international organizations, and section 301 of the Foreign
Assistance Act of 1961 for a United States contribution to the
Comprehensive Nuclear Test Ban Treaty Preparatory Commission,
and for a voluntary contribution to the International Atomic
Energy Agency (IAEA): Provided, That funds made available
under this heading for the Nonproliferation and Disarmament
Fund shall be made available, notwithstanding any other
provision of law and subject to prior consultation with, and
the regular notification procedures of, the Committees on
Appropriations, to promote bilateral and multilateral
activities relating to nonproliferation, disarmament, and
weapons destruction, and shall remain available until expended:
Provided further, That such funds may also be used for such
countries other than the Independent States of the former
Soviet Union and international organizations when it is in the
national security interest of the United States to do so:
Provided further, That funds appropriated under this heading
may be made available for the IAEA unless the Secretary of
State determines that Israel is being denied its right to
participate in the activities of that Agency: Provided
further, That funds made available for conventional weapons
destruction programs, including demining and related
activities, in addition to funds otherwise available for such
purposes, may be used for administrative expenses related to
the operation and management of such programs and activities,
subject to the regular notification procedures of the
Committees on Appropriations.
peacekeeping operations
For necessary expenses to carry out the provisions of section
551 of the Foreign Assistance Act of 1961, $457,348,000, of
which $325,213,000, to remain available until September 30,
2021, is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985: Provided, That funds appropriated under
this heading may be used, notwithstanding section 660 of the
Foreign Assistance Act of 1961, to provide assistance to
enhance the capacity of foreign civilian security forces,
including gendarmes, to participate in peacekeeping operations:
Provided further, That of the funds appropriated under this
heading, not less than $31,000,000 shall be made available for
a United States contribution to the Multinational Force and
Observers mission in the Sinai and not less than $71,000,000
shall be made available for the Global Peace Operations
Initiative: Provided further, That funds appropriated under
this heading may be made available to pay assessed expenses of
international peacekeeping activities in Somalia under the same
terms and conditions, as applicable, as funds appropriated by
this Act under the heading ``Contributions for International
Peacekeeping Activities'': Provided further, That none of the
funds appropriated under this heading shall be obligated except
as provided through the regular notification procedures of the
Committees on Appropriations.
Funds Appropriated to the President
international military education and training
For necessary expenses to carry out the provisions of section
541 of the Foreign Assistance Act of 1961, $112,925,000, of
which up to $11,000,000 may remain available until September
30, 2021 and may not be obligated until the Secretary of State
submits to the Committees on Appropriations, following
consultation with such Committees, a monitoring and evaluation
plan for funds made available under this heading, as described
under this heading in Senate Report 116-126: Provided, That
the civilian personnel for whom military education and training
may be provided under this heading may include civilians who
are not members of a government whose participation would
contribute to improved civil-military relations, civilian
control of the military, or respect for human rights: Provided
further, That of the funds appropriated under this heading, not
to exceed $50,000 may be available for entertainment expenses.
foreign military financing program
For necessary expenses for grants to enable the President to
carry out the provisions of section 23 of the Arms Export
Control Act (22 U.S.C. 2763), $6,156,924,000, of which
$511,909,000, to remain available until September 30, 2021, is
designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of
the Balanced Budget and Emergency Deficit Control Act of 1985:
Provided, That to expedite the provision of assistance to
foreign countries and international organizations, the
Secretary of State, following consultation with the Committees
on Appropriations and subject to the regular notification
procedures of such Committees, may use the funds appropriated
under this heading to procure defense articles and services to
enhance the capacity of foreign security forces: Provided
further, That of the funds appropriated under this heading, not
less than $3,300,000,000 shall be available for grants only for
Israel which shall be disbursed within 30 days of enactment of
this Act: Provided further, That to the extent that the
Government of Israel requests that funds be used for such
purposes, grants made available for Israel under this heading
shall, as agreed by the United States and Israel, be available
for advanced weapons systems, of which not less than
$805,300,000 shall be available for the procurement in Israel
of defense articles and defense services, including research
and development: Provided further, That funds appropriated or
otherwise made available under this heading shall be
nonrepayable notwithstanding any requirement in section 23 of
the Arms Export Control Act: Provided further, That funds made
available under this heading shall be obligated upon
apportionment in accordance with paragraph (5)(C) of section
1501(a) of title 31, United States Code.
None of the funds made available under this heading shall be
available to finance the procurement of defense articles,
defense services, or design and construction services that are
not sold by the United States Government under the Arms Export
Control Act unless the foreign country proposing to make such
procurement has first signed an agreement with the United
States Government specifying the conditions under which such
procurement may be financed with such funds: Provided, That
all country and funding level increases in allocations shall be
submitted through the regular notification procedures of
section 7015 of this Act: Provided further, That funds made
available under this heading may be used, notwithstanding any
other provision of law, for demining, the clearance of
unexploded ordnance, and related activities, and may include
activities implemented through nongovernmental and
international organizations: Provided further, That only those
countries for which assistance was justified for the ``Foreign
Military Sales Financing Program'' in the fiscal year 1989
congressional presentation for security assistance programs may
utilize funds made available under this heading for procurement
of defense articles, defense services, or design and
construction services that are not sold by the United States
Government under the Arms Export Control Act: Provided
further, That funds appropriated under this heading shall be
expended at the minimum rate necessary to make timely payment
for defense articles and services: Provided further, That not
more than $70,000,000 of the funds appropriated under this
heading may be obligated for necessary expenses, including the
purchase of passenger motor vehicles for replacement only for
use outside of the United States, for the general costs of
administering military assistance and sales, except that this
limitation may be exceeded only through the regular
notification procedures of the Committees on Appropriations:
Provided further, That of the funds made available under this
heading for general costs of administering military assistance
and sales, not to exceed $4,000 may be available for
entertainment expenses and not to exceed $130,000 may be
available for representation expenses: Provided further, That
not more than $1,082,200,000 of funds realized pursuant to
section 21(e)(1)(A) of the Arms Export Control Act (22 U.S.C.
2761(e)(1)(A)) may be obligated for expenses incurred by the
Department of Defense during fiscal year 2020 pursuant to
section 43(b) of the Arms Export Control Act (22 U.S.C.
2792(b)), except that this limitation may be exceeded only
through the regular notification procedures of the Committees
on Appropriations.
TITLE V
MULTILATERAL ASSISTANCE
Funds Appropriated to the President
international organizations and programs
For necessary expenses to carry out the provisions of section
301 of the Foreign Assistance Act of 1961, $390,500,000:
Provided, That section 307(a) of the Foreign Assistance Act of
1961 shall not apply to contributions to the United Nations
Democracy Fund: Provided further, That not later than 60 days
after enactment of this Act, such funds shall be made available
for core contributions for each entity listed in the table
under this heading in the explanatory statement described in
section 4 (in the matter preceding division A of this
consolidated Act) unless otherwise provided for in this Act, or
if the Secretary of State has justified the proposed uses of
funds other than for core contributions following prior
consultation with, and subject to the regular notification
procedures of, the Committees on Appropriations.
International Financial Institutions
global environment facility
For payment to the International Bank for Reconstruction and
Development as trustee for the Global Environment Facility by
the Secretary of the Treasury, $139,575,000, to remain
available until, and to be fully disbursed not later than,
September 30, 2021: Provided, That of such amount,
$136,563,000, which shall remain available until September 30,
2020, is only available for the second installment of the
seventh replenishment of the Global Environment Facility, and
shall be obligated and disbursed not later than 90 days after
enactment of this Act: Provided further, That the Secretary
shall report to the Committees on Appropriations on the status
of funds provided under this heading not less than quarterly
until fully disbursed: Provided further, That in such report
the Secretary shall provide a timeline for the obligation and
disbursement of any funds that have not yet been obligated or
disbursed.
contribution to the international bank for reconstruction and
development
For payment to the International Bank for Reconstruction and
Development by the Secretary of the Treasury for the United
States share of the paid-in portion of the increases in capital
stock, $206,500,000, to remain available until expended.
limitation on callable capital subscriptions
The United States Governor of the International Bank for
Reconstruction and Development may subscribe without fiscal
year limitation to the callable capital portion of the United
States share of increases in capital stock in an amount not to
exceed $1,421,275,728.70.
contribution to the international development association
For payment to the International Development Association by
the Secretary of the Treasury, $1,097,010,000, to remain
available until expended.
contribution to the asian development fund
For payment to the Asian Development Bank's Asian Development
Fund by the Secretary of the Treasury, $47,395,000, to remain
available until expended.
contribution to the african development fund
For payment to the African Development Fund by the Secretary
of the Treasury, $171,300,000, to remain available until
expended.
contribution to the international fund for agricultural development
For payment to the International Fund for Agricultural
Development by the Secretary of the Treasury, $30,000,000, to
remain available until, and to be fully disbursed no later
than, September 30, 2021, for the second installment of the
eleventh replenishment of the International Fund for
Agricultural Development: Provided, That the Secretary of the
Treasury shall report to the Committees on Appropriations on
the status of such payment not less than quarterly until fully
disbursed: Provided further, That in such report the Secretary
shall provide a timeline for the obligation and disbursement of
any funds that have not yet been obligated or disbursed.
TITLE VI
EXPORT AND INVESTMENT ASSISTANCE
Export-Import Bank of the United States
inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of
1978 (5 U.S.C. App.), $5,700,000, of which up to $855,000 may
remain available until September 30, 2021.
program account
The Export-Import Bank of the United States is authorized to
make such expenditures within the limits of funds and borrowing
authority available to such corporation, and in accordance with
law, and to make such contracts and commitments without regard
to fiscal year limitations, as provided by section 9104 of
title 31, United States Code, as may be necessary in carrying
out the program for the current fiscal year for such
corporation: Provided, That none of the funds available during
the current fiscal year may be used to make expenditures,
contracts, or commitments for the export of nuclear equipment,
fuel, or technology to any country, other than a nuclear-weapon
state as defined in Article IX of the Treaty on the Non-
Proliferation of Nuclear Weapons eligible to receive economic
or military assistance under this Act, that has detonated a
nuclear explosive after the date of enactment of this Act.
administrative expenses
For administrative expenses to carry out the direct and
guaranteed loan and insurance programs, including hire of
passenger motor vehicles and services as authorized by section
3109 of title 5, United States Code, and not to exceed $30,000
for official reception and representation expenses for members
of the Board of Directors, not to exceed $110,000,000, of which
up to $16,500,000 may remain available until September 30,
2021: Provided, That the Export-Import Bank (the Bank) may
accept, and use, payment or services provided by transaction
participants for legal, financial, or technical services in
connection with any transaction for which an application for a
loan, guarantee or insurance commitment has been made:
Provided further, That the Bank shall charge fees for necessary
expenses (including special services performed on a contract or
fee basis, but not including other personal services) in
connection with the collection of moneys owed the Bank,
repossession or sale of pledged collateral or other assets
acquired by the Bank in satisfaction of moneys owed the Bank,
or the investigation or appraisal of any property, or the
evaluation of the legal, financial, or technical aspects of any
transaction for which an application for a loan, guarantee or
insurance commitment has been made, or systems infrastructure
directly supporting transactions: Provided further, That in
addition to other funds appropriated for administrative
expenses, such fees shall be credited to this account for such
purposes, to remain available until expended.
receipts collected
Receipts collected pursuant to the Export-Import Bank Act of
1945 (Public Law 79-173) and the Federal Credit Reform Act of
1990, in an amount not to exceed the amount appropriated
herein, shall be credited as offsetting collections to this
account: Provided, That the sums herein appropriated from the
General Fund shall be reduced on a dollar-for-dollar basis by
such offsetting collections so as to result in a final fiscal
year appropriation from the General Fund estimated at $0.
United States International Development Finance Corporation
inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of
1978 (5 U.S.C. App.), $2,000,000, to remain available until
September 30, 2021.
corporate capital account
The United States International Development Finance
Corporation (the Corporation) is authorized to make such
expenditures and commitments within the limits of funds and
borrowing authority available to the Corporation, and in
accordance with the law, and to make such expenditures and
commitments without regard to fiscal year limitations, as
provided by section 9104 of title 31, United States Code, as
may be necessary in carrying out the programs for the current
fiscal year for the Corporation: Provided, That for necessary
expenses of the activities described in subsections (b), (c),
(e), (f), and (g) of section 1421 of the BUILD Act of 2018
(division F of Public Law 115-254) and for administrative
expenses to carry out authorized activities and project-
specific transaction costs described in section 1434(d) of such
Act, $299,000,000: Provided further, That of the amount
provided--
(1) $119,000,000 shall remain available until
September 30, 2022, for administrative expenses to
carry out authorized activities (including an amount
for official reception and representation expenses
which shall not exceed $25,000) and project-specific
transaction costs as described in section 1434(k) of
such Act, of which $1,000,000 shall remain available
until September 30, 2024;
(2) $150,000,000 shall remain available until
September 30, 2022, for the activities described in
section 1421(c) of such Act, except such amounts
obligated in a fiscal year shall remain available for
disbursement for the term of the underlying project:
Provided further, That if the term of the project
extends longer than 10 fiscal years, the Chief
Executive Officer of the Corporation shall inform the
appropriate congressional committees prior to the
obligation or disbursement of funds, as applicable:
Provided further, That amounts may only be obligated
after the Chief Executive Officer of the Corporation
submits to the appropriate congressional committees the
guidelines and criteria required by paragraph (3) of
such section; and
(3) $30,000,000 shall be paid to the ``United States
International Development Finance Corporation--Program
Account'' for programs authorized by subsections (b),
(e), (f), and (g) of section 1421 of the BUILD Act of
2018 (division F of Public Law 115-254):
Provided further, That funds may only be obligated pursuant
to section 1421(g) of the BUILD Act of 2018 subject to prior
consultation with the appropriate congressional committees and
the regular notification procedures of the Committees on
Appropriations: Provided further, That in this fiscal year,
and each fiscal year thereafter, the Corporation shall collect
the amounts described in section 1434(h) of the BUILD Act of
2018: Provided further, That in fiscal year 2020 such
collections shall be credited as offsetting collections to this
appropriation: Provided further, That such collections
collected in fiscal year 2020 in excess of $299,000,000 shall
be credited to this account and shall be available in future
fiscal years only to the extent provided in advance in
appropriations Acts: Provided further, That in fiscal year
2020, if such collections are less than $299,000,000, receipts
collected pursuant to the BUILD Act of 2018 and the Federal
Credit Reform Act of 1990, in an amount equal to such
shortfall, shall be credited as offsetting collections to this
appropriation: Provided further, That funds appropriated or
otherwise made available under this heading may not be used to
provide any type of assistance that is otherwise prohibited by
any other provision of law or to provide assistance to any
foreign country that is otherwise prohibited by any other
provision of law: Provided further, That the sums herein
appropriated from the General Fund shall be reduced on a
dollar-for-dollar basis by the offsetting collections described
under this heading so as to result in a final fiscal year
appropriation from the General Fund estimated at $0.
program account
Amounts paid from ``United States International Development
Finance Corporation--Corporate Capital Account'' (CCA) shall
remain available until September 30, 2022: Provided, That up
to $80,000,000 of amounts paid to this account from CCA or
transferred to this account pursuant to section 1434(j) of the
BUILD Act of 2018 (division F of Public Law 115-254) shall be
available for the costs of direct and guaranteed loans provided
by the Corporation pursuant to section 1421(b) of such Act:
Provided further, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That such
amounts obligated in a fiscal year shall remain available for
disbursement for the following 8 fiscal years: Provided
further, That funds transferred to carry out the Foreign
Assistance Act of 1961 pursuant to section 1434(j) of the BUILD
Act of 2018 may remain available for obligation for 1
additional fiscal year: Provided further, That the total loan
principal or guaranteed principal amount shall not exceed
$8,000,000,000.
trade and development agency
For necessary expenses to carry out the provisions of section
661 of the Foreign Assistance Act of 1961, $79,500,000, to
remain available until September 30, 2021, of which no more
than $19,000,000 may be used for administrative expenses:
Provided, That of the funds appropriated under this heading,
not more than $5,000 may be available for representation and
entertainment expenses.
TITLE VII
GENERAL PROVISIONS
allowances and differentials
Sec. 7001. Funds appropriated under title I of this Act
shall be available, except as otherwise provided, for
allowances and differentials as authorized by subchapter 59 of
title 5, United States Code; for services as authorized by
section 3109 of such title and for hire of passenger
transportation pursuant to section 1343(b) of title 31, United
States Code.
unobligated balances report
Sec. 7002. Any department or agency of the United States
Government to which funds are appropriated or otherwise made
available by this Act shall provide to the Committees on
Appropriations a quarterly accounting of cumulative unobligated
balances and obligated, but unexpended, balances by program,
project, and activity, and Treasury Account Fund Symbol of all
funds received by such department or agency in fiscal year 2020
or any previous fiscal year, disaggregated by fiscal year:
Provided, That the report required by this section shall be
submitted not later than 30 days after the end of each fiscal
quarter and should specify by account the amount of funds
obligated pursuant to bilateral agreements which have not been
further sub-obligated.
consulting services
Sec. 7003. The expenditure of any appropriation under title
I of this Act for any consulting service through procurement
contract, pursuant to section 3109 of title 5, United States
Code, shall be limited to those contracts where such
expenditures are a matter of public record and available for
public inspection, except where otherwise provided under
existing law, or under existing Executive order issued pursuant
to existing law.
diplomatic facilities
Sec. 7004. (a) Capital Security Cost Sharing Exception.--
Notwithstanding paragraph (2) of section 604(e) of the Secure
Embassy Construction and Counterterrorism Act of 1999 (title VI
of division A of H.R. 3427, as enacted into law by section
1000(a)(7) of Public Law 106-113 and contained in appendix G of
that Act), as amended by section 111 of the Department of State
Authorities Act, Fiscal Year 2017 (Public Law 114-323), a
project to construct a facility of the United States may
include office space or other accommodations for members of the
United States Marine Corps.
(b) New Diplomatic Facilities.--For the purposes of
calculating the fiscal year 2020 costs of providing new United
States diplomatic facilities in accordance with section 604(e)
of the Secure Embassy Construction and Counterterrorism Act of
1999 (22 U.S.C. 4865 note), the Secretary of State, in
consultation with the Director of the Office of Management and
Budget, shall determine the annual program level and agency
shares in a manner that is proportional to the contribution of
the Department of State for this purpose.
(c) Consultation and Notification.--Funds appropriated by
this Act and prior Acts making appropriations for the
Department of State, foreign operations, and related programs,
which may be made available for the acquisition of property or
award of construction contracts for overseas United States
diplomatic facilities during fiscal year 2020, shall be subject
to prior consultation with, and the regular notification
procedures of, the Committees on Appropriations: Provided,
That notifications pursuant to this subsection shall include
the information enumerated under the heading ``Embassy
Security, Construction, and Maintenance'' in House Report 116-
78.
(d) Interim and Temporary Facilities Abroad.--
(1) Security vulnerabilities.--Funds appropriated by
this Act under the heading ``Embassy Security,
Construction, and Maintenance'' may be made available,
following consultation with the appropriate
congressional committees, to address security
vulnerabilities at interim and temporary United States
diplomatic facilities abroad, including physical
security upgrades and local guard staffing, except that
the amount of funds made available for such purposes
from this Act and prior Acts making appropriations for
the Department of State, foreign operations, and
related programs shall be a minimum of $25,000,000.
(2) Consultation.--Notwithstanding any other
provision of law, the opening, closure, or any
significant modification to an interim or temporary
United States diplomatic facility shall be subject to
prior consultation with the appropriate congressional
committees and the regular notification procedures of
the Committees on Appropriations, except that such
consultation and notification may be waived if there is
a security risk to personnel.
(e) Soft Targets.--Of the funds appropriated by this Act
under the heading ``Embassy Security, Construction, and
Maintenance'', not less than $10,000,000 shall be made
available for security upgrades to soft targets, including
schools, recreational facilities, and residences used by United
States diplomatic personnel and their dependents.
personnel actions
Sec. 7005. Any costs incurred by a department or agency
funded under title I of this Act resulting from personnel
actions taken in response to funding reductions included in
this Act shall be absorbed within the total budgetary resources
available under title I to such department or agency:
Provided, That the authority to transfer funds between
appropriations accounts as may be necessary to carry out this
section is provided in addition to authorities included
elsewhere in this Act: Provided further, That use of funds to
carry out this section shall be treated as a reprogramming of
funds under section 7015 of this Act.
prohibition on publicity or propaganda
Sec. 7006. No part of any appropriation contained in this
Act shall be used for publicity or propaganda purposes within
the United States not authorized before enactment of this Act
by Congress: Provided, That up to $25,000 may be made
available to carry out the provisions of section 316 of the
International Security and Development Cooperation Act of 1980
(Public Law 96-533; 22 U.S.C. 2151a note).
prohibition against direct funding for certain countries
Sec. 7007. None of the funds appropriated or otherwise made
available pursuant to titles III through VI of this Act shall
be obligated or expended to finance directly any assistance or
reparations for the governments of Cuba, North Korea, Iran, or
Syria: Provided, That for purposes of this section, the
prohibition on obligations or expenditures shall include direct
loans, credits, insurance, and guarantees of the Export-Import
Bank or its agents.
coups d'etat
Sec. 7008. None of the funds appropriated or otherwise made
available pursuant to titles III through VI of this Act shall
be obligated or expended to finance directly any assistance to
the government of any country whose duly elected head of
government is deposed by military coup d'etat or decree or,
after the date of enactment of this Act, a coup d'etat or
decree in which the military plays a decisive role: Provided,
That assistance may be resumed to such government if the
Secretary of State certifies and reports to the appropriate
congressional committees that subsequent to the termination of
assistance a democratically elected government has taken
office: Provided further, That the provisions of this section
shall not apply to assistance to promote democratic elections
or public participation in democratic processes: Provided
further, That funds made available pursuant to the previous
provisos shall be subject to the regular notification
procedures of the Committees on Appropriations.
transfer of funds authority
Sec. 7009. (a) Department of State and United States Agency
for Global Media.--
(1) Department of State.--
(A) In general.--Not to exceed 5 percent of any
appropriation made available for the current fiscal
year for the Department of State under title I of this
Act may be transferred between, and merged with, such
appropriations, but no such appropriation, except as
otherwise specifically provided, shall be increased by
more than 10 percent by any such transfers, and no such
transfer may be made to increase the appropriation
under the heading ``Representation Expenses''.
(B) Embassy security.--Funds appropriated under the
headings ``Diplomatic Programs'', including for
Worldwide Security Protection, ``Embassy Security,
Construction, and Maintenance'', and ``Emergencies in
the Diplomatic and Consular Service'' in this Act may
be transferred to, and merged with, funds appropriated
under such headings if the Secretary of State
determines and reports to the Committees on
Appropriations that to do so is necessary to implement
the recommendations of the Benghazi Accountability
Review Board, for emergency evacuations, or to prevent
or respond to security situations and requirements,
following consultation with, and subject to the regular
notification procedures of, such Committees: Provided,
That such transfer authority is in addition to any
transfer authority otherwise available in this Act and
under any other provision of law.
(2) United States Agency for Global Media.--Not to exceed 5
percent of any appropriation made available for the current
fiscal year for the United States Agency for Global Media under
title I of this Act may be transferred between, and merged
with, such appropriations, but no such appropriation, except as
otherwise specifically provided, shall be increased by more
than 10 percent by any such transfers.
(3) Treatment as Reprogramming.--Any transfer pursuant to
this subsection shall be treated as a reprogramming of funds
under section 7015 of this Act and shall not be available for
obligation or expenditure except in compliance with the
procedures set forth in that section.
(b) Limitation on Transfers of Funds Between Agencies.--
(1) In general.--None of the funds made available
under titles II through V of this Act may be
transferred to any department, agency, or
instrumentality of the United States Government, except
pursuant to a transfer made by, or transfer authority
provided in, this Act or any other appropriations Act.
(2) Allocation and transfers.--Notwithstanding
paragraph (1), in addition to transfers made by, or
authorized elsewhere in, this Act, funds appropriated
by this Act to carry out the purposes of the Foreign
Assistance Act of 1961 may be allocated or transferred
to agencies of the United States Government pursuant to
the provisions of sections 109, 610, and 632 of the
Foreign Assistance Act of 1961, and section 1434(j) of
the BUILD Act of 2018 (division F of Public Law 115-
254).
(3) Notification.--Any agreement entered into by the
United States Agency for International Development or
the Department of State with any department, agency, or
instrumentality of the United States Government
pursuant to section 632(b) of the Foreign Assistance
Act of 1961 valued in excess of $1,000,000 and any
agreement made pursuant to section 632(a) of such Act,
with funds appropriated by this Act or prior Acts
making appropriations for the Department of State,
foreign operations, and related programs under the
headings ``Global Health Programs'', ``Development
Assistance'', ``Economic Support Fund'', and
``Assistance for Europe, Eurasia and Central Asia''
shall be subject to the regular notification procedures
of the Committees on Appropriations: Provided, That
the requirement in the previous sentence shall not
apply to agreements entered into between USAID and the
Department of State.
(c) United States International Development Finance
Corporation.--
(1) Limitation.--Amounts transferred pursuant to
section 1434(j) of the BUILD Act of 2018 (division F of
Public Law 115-254) may only be transferred from funds
made available under title III of this Act, and such
amounts shall not exceed $50,000,000: Provided, That
any such transfers shall be subject to prior
consultation with, and the regular notification
procedures of, the Committees on Appropriations:
Provided further, That the Secretary of State, the
Administrator of the United States Agency for
International Development, and the Chief Executive
Officer of the United States International Development
Finance Corporation (the Corporation), as appropriate,
shall ensure that the programs funded by such transfers
are coordinated with, and complement, foreign
assistance programs implemented by the Department of
State and USAID: Provided further, That no funds
transferred pursuant to such authority may be used by
the Corporation to post personnel abroad or for
activities described in section 1421(c) of such Act.
(2) Development credit authority account.--Funds
transferred from the Development Credit Authority
program account of the United States Agency for
International Development to the Corporate Capital
Account of the United States International Development
Finance Corporation pursuant to section 1434(i) of the
BUILD Act of 2018 (division F of Public Law 115-254)
shall be transferred to, and merged with, such account,
and may thereafter be deemed to meet any minimum
funding requirements attributed for at the time of
deposit into the Development Credit Authority program
account.
(d) Transfer of Funds Between Accounts.--None of the funds
made available under titles II through V of this Act may be
obligated under an appropriations account to which such funds
were not appropriated, except for transfers specifically
provided for in this Act, unless the President, not less than 5
days prior to the exercise of any authority contained in the
Foreign Assistance Act of 1961 to transfer funds, consults with
and provides a written policy justification to the Committees
on Appropriations.
(e) Audit of Inter-agency Transfers of Funds.--Any agreement
for the transfer or allocation of funds appropriated by this
Act or prior Acts making appropriations for the Department of
State, foreign operations, and related programs entered into
between the Department of State or USAID and another agency of
the United States Government under the authority of section
632(a) of the Foreign Assistance Act of 1961, or any comparable
provision of law, shall expressly provide that the Inspector
General (IG) for the agency receiving the transfer or
allocation of such funds, or other entity with audit
responsibility if the receiving agency does not have an IG,
shall perform periodic program and financial audits of the use
of such funds and report to the Department of State or USAID,
as appropriate, upon completion of such audits: Provided, That
such audits shall be transmitted to the Committees on
Appropriations by the Department of State or USAID, as
appropriate: Provided further, That funds transferred under
such authority may be made available for the cost of such
audits.
(f) Transfer of Overseas Contingency Operations/global War on
Terrorism Funds.--Funds appropriated by this Act under the
headings ``Peacekeeping Operations'' and ``Foreign Military
Financing Program'' that are designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985 may be transferred to,
and merged with, such funds appropriated under such headings:
Provided, That such transfer authority may only be exercised to
address contingencies: Provided further, That such transfer
authority is in addition to any transfer authority otherwise
available under any other provision of law, including section
610 of the Foreign Assistance Act of 1961: Provided further,
That such transfer authority shall be subject to prior
consultation with, and the regular notification procedures of,
the Committees on Appropriations.
prohibition and limitation on certain expenses
Sec. 7010. (a) First-Class Travel.--None of the funds made
available by this Act may be used for first-class travel by
employees of United States Government departments and agencies
funded by this Act in contravention of section 301-10.122
through 301-10.124 of title 41, Code of Federal Regulations.
(b) Computer Networks.--None of the funds made available by
this Act for the operating expenses of any United States
Government department or agency may be used to establish or
maintain a computer network for use by such department or
agency unless such network has filters designed to block access
to sexually explicit websites: Provided, That nothing in this
subsection shall limit the use of funds necessary for any
Federal, State, tribal, or local law enforcement agency, or any
other entity carrying out the following activities: criminal
investigations, prosecutions, and adjudications; administrative
discipline; and the monitoring of such websites undertaken as
part of official business.
(c) Prohibition on Promotion of Tobacco.--None of the funds
made available by this Act shall be available to promote the
sale or export of tobacco or tobacco products, or to seek the
reduction or removal by any foreign country of restrictions on
the marketing of tobacco or tobacco products, except for
restrictions which are not applied equally to all tobacco or
tobacco products of the same type.
(d) Email Servers Outside the .gov Domain.--None of the funds
appropriated by this Act under the headings ``Diplomatic
Programs'' and ``Capital Investment Fund'' in title I, and
``Operating Expenses'' and ``Capital Investment Fund'' in title
II that are made available to the Department of State and the
United States Agency for International Development may be made
available to support the use or establishment of email accounts
or email servers created outside the .gov domain or not fitted
for automated records management as part of a Federal
government records management program in contravention of the
Presidential and Federal Records Act Amendments of 2014 (Public
Law 113-187).
(e) Representation and Entertainment Expenses.--Each Federal
department, agency, or entity funded in titles I or II of this
Act, and the Department of the Treasury and independent
agencies funded in titles III or VI of this Act, shall take
steps to ensure that domestic and overseas representation and
entertainment expenses further official agency business and
United States foreign policy interests, and--
(1) are primarily for fostering relations outside of
the Executive Branch;
(2) are principally for meals and events of a
protocol nature;
(3) are not for employee-only events; and
(4) do not include activities that are substantially
of a recreational character.
(f) Limitations on Entertainment Expenses.--None of the funds
appropriated or otherwise made available by this Act under the
headings ``International Military Education and Training'' or
``Foreign Military Financing Program'' for Informational
Program activities or under the headings ``Global Health
Programs'', ``Development Assistance'', ``Economic Support
Fund'', and ``Assistance for Europe, Eurasia and Central Asia''
may be obligated or expended to pay for--
(1) alcoholic beverages; or
(2) entertainment expenses for activities that are
substantially of a recreational character, including
entrance fees at sporting events, theatrical and
musical productions, and amusement parks.
availability of funds
Sec. 7011. No part of any appropriation contained in this
Act shall remain available for obligation after the expiration
of the current fiscal year unless expressly so provided by this
Act: Provided, That funds appropriated for the purposes of
chapters 1 and 8 of part I, section 661, chapters 4, 5, 6, 8,
and 9 of part II of the Foreign Assistance Act of 1961, section
23 of the Arms Export Control Act (22 U.S.C. 2763), and funds
made available for ``United States International Development
Finance Corporation'' and under the heading ``Assistance for
Europe, Eurasia and Central Asia'' shall remain available for
an additional 4 years from the date on which the availability
of such funds would otherwise have expired, if such funds are
initially obligated before the expiration of their respective
periods of availability contained in this Act: Provided
further, That notwithstanding any other provision of this Act,
any funds made available for the purposes of chapter 1 of part
I and chapter 4 of part II of the Foreign Assistance Act of
1961 which are allocated or obligated for cash disbursements in
order to address balance of payments or economic policy reform
objectives, shall remain available for an additional 4 years
from the date on which the availability of such funds would
otherwise have expired, if such funds are initially allocated
or obligated before the expiration of their respective periods
of availability contained in this Act: Provided further, That
the Secretary of State shall provide a report to the Committees
on Appropriations not later than October 31, 2020, detailing by
account and source year, the use of this authority during the
previous fiscal year.
limitation on assistance to countries in default
Sec. 7012. No part of any appropriation provided under
titles III through VI in this Act shall be used to furnish
assistance to the government of any country which is in default
during a period in excess of 1 calendar year in payment to the
United States of principal or interest on any loan made to the
government of such country by the United States pursuant to a
program for which funds are appropriated under this Act unless
the President determines, following consultation with the
Committees on Appropriations, that assistance for such country
is in the national interest of the United States.
prohibition on taxation of united states assistance
Sec. 7013. (a) Prohibition on Taxation.--None of the funds
appropriated under titles III through VI of this Act may be
made available to provide assistance for a foreign country
under a new bilateral agreement governing the terms and
conditions under which such assistance is to be provided unless
such agreement includes a provision stating that assistance
provided by the United States shall be exempt from taxation, or
reimbursed, by the foreign government, and the Secretary of
State and the Administrator of the United States Agency for
International Development shall expeditiously seek to negotiate
amendments to existing bilateral agreements, as necessary, to
conform with this requirement.
(b) Notification and Reimbursement of Foreign Taxes.--An
amount equivalent to 200 percent of the total taxes assessed
during fiscal year 2020 on funds appropriated by this Act and
prior Acts making appropriations for the Department of State,
foreign operations, and related programs by a foreign
government or entity against United States assistance programs,
either directly or through grantees, contractors, and
subcontractors, shall be withheld from obligation from funds
appropriated for assistance for fiscal year 2021 and for prior
fiscal years and allocated for the central government of such
country or for the West Bank and Gaza program, as applicable,
if, not later than September 30, 2021, such taxes have not been
reimbursed: Provided, That the Secretary of State shall report
to the Committees on Appropriations by such date on the foreign
governments and entities that have not reimbursed such taxes,
including any amount of funds withheld pursuant to this
subsection.
(c) De Minimis Exception.--Foreign taxes of a de minimis
nature shall not be subject to the provisions of subsection
(b).
(d) Reprogramming of Funds.--Funds withheld from obligation
for each foreign government or entity pursuant to subsection
(b) shall be reprogrammed for assistance for countries which do
not assess taxes on United States assistance or which have an
effective arrangement that is providing substantial
reimbursement of such taxes, and that can reasonably
accommodate such assistance in a programmatically responsible
manner.
(e) Determinations.--
(1) In general.--The provisions of this section shall
not apply to any foreign government or entity that
assesses such taxes if the Secretary of State reports
to the Committees on Appropriations that--
(A) such foreign government or entity has an
effective arrangement that is providing
substantial reimbursement of such taxes; or
(B) the foreign policy interests of the
United States outweigh the purpose of this
section to ensure that United States assistance
is not subject to taxation.
(2) Consultation.--The Secretary of State shall
consult with the Committees on Appropriations at least
15 days prior to exercising the authority of this
subsection with regard to any foreign government or
entity.
(f) Implementation.--The Secretary of State shall issue and
update rules, regulations, or policy guidance, as appropriate,
to implement the prohibition against the taxation of assistance
contained in this section.
(g) Definitions.--As used in this section:
(1) Bilateral agreement.--The term ``bilateral
agreement'' refers to a framework bilateral agreement
between the Government of the United States and the
government of the country receiving assistance that
describes the privileges and immunities applicable to
United States foreign assistance for such country
generally, or an individual agreement between the
Government of the United States and such government
that describes, among other things, the treatment for
tax purposes that will be accorded the United States
assistance provided under that agreement.
(2) Taxes and taxation.--The term ``taxes and
taxation'' shall include value added taxes and customs
duties but shall not include individual income taxes
assessed to local staff.
(h) Report.--Not later than 90 days after enactment of this
Act, the Secretary of State, in consultation with the heads of
other relevant agencies of the United States Government, shall
submit a report to the Committees on Appropriations on the
requirements contained under this section in House Report 116-
78.
reservations of funds
Sec. 7014. (a) Reprogramming.--Funds appropriated under
titles III through VI of this Act which are specifically
designated may be reprogrammed for other programs within the
same account notwithstanding the designation if compliance with
the designation is made impossible by operation of any
provision of this or any other Act: Provided, That any such
reprogramming shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided
further, That assistance that is reprogrammed pursuant to this
subsection shall be made available under the same terms and
conditions as originally provided.
(b) Extension of Availability.--In addition to the authority
contained in subsection (a), the original period of
availability of funds appropriated by this Act and administered
by the Department of State or the United States Agency for
International Development that are specifically designated for
particular programs or activities by this or any other Act may
be extended for an additional fiscal year if the Secretary of
State or the USAID Administrator, as appropriate, determines
and reports promptly to the Committees on Appropriations that
the termination of assistance to a country or a significant
change in circumstances makes it unlikely that such designated
funds can be obligated during the original period of
availability: Provided, That such designated funds that
continue to be available for an additional fiscal year shall be
obligated only for the purpose of such designation.
(c) Other Acts.--Ceilings and specifically designated funding
levels contained in this Act shall not be applicable to funds
or authorities appropriated or otherwise made available by any
subsequent Act unless such Act specifically so directs:
Provided, That specifically designated funding levels or
minimum funding requirements contained in any other Act shall
not be applicable to funds appropriated by this Act.
notification requirements
Sec. 7015. (a) Notification of Changes in Programs, Projects,
and Activities.--None of the funds made available in titles I
and II of this Act or prior Acts making appropriations for the
Department of State, foreign operations, and related programs
to the departments and agencies funded by this Act that remain
available for obligation in fiscal year 2020, or provided from
any accounts in the Treasury of the United States derived by
the collection of fees or of currency reflows or other
offsetting collections, or made available by transfer, to the
departments and agencies funded by this Act, shall be available
for obligation to--
(1) create new programs;
(2) suspend or eliminate a program, project, or
activity;
(3) close, suspend, open, or reopen a mission or
post;
(4) create, close, reorganize, downsize, or rename
bureaus, centers, or offices; or
(5) contract out or privatize any functions or
activities presently performed by Federal employees;
unless previously justified to the Committees on Appropriations
or such Committees are notified 15 days in advance of such
obligation.
(b) Notification of Reprogramming of Funds.--None of the
funds provided under titles I and II of this Act or prior Acts
making appropriations for the Department of State, foreign
operations, and related programs, to the departments and
agencies funded under titles I and II of this Act that remain
available for obligation in fiscal year 2020, or provided from
any accounts in the Treasury of the United States derived by
the collection of fees available to the department and agency
funded under title I of this Act, shall be available for
obligation or expenditure for programs, projects, or activities
through a reprogramming of funds in excess of $1,000,000 or 10
percent, whichever is less, that--
(1) augments or changes existing programs, projects,
or activities;
(2) relocates an existing office or employees;
(3) reduces by 10 percent funding for any existing
program, project, or activity, or numbers of personnel
by 10 percent as approved by Congress; or
(4) results from any general savings, including
savings from a reduction in personnel, which would
result in a change in existing programs, projects, or
activities as approved by Congress;
unless the Committees on Appropriations are notified 15 days in
advance of such reprogramming of funds.
(c) Notification Requirement.--None of the funds made
available by this Act under the headings ``Global Health
Programs'', ``Development Assistance'', ``International
Organizations and Programs'', ``Trade and Development Agency'',
``International Narcotics Control and Law Enforcement'',
``Economic Support Fund'', ``Democracy Fund'', ``Assistance for
Europe, Eurasia and Central Asia'', ``Peacekeeping
Operations'', ``Nonproliferation, Anti-terrorism, Demining and
Related Programs'', ``Millennium Challenge Corporation'',
``Foreign Military Financing Program'', ``International
Military Education and Training'', ``United States
International Development Finance Corporation'', and ``Peace
Corps'', shall be available for obligation for programs,
projects, activities, type of materiel assistance, countries,
or other operations not justified or in excess of the amount
justified to the Committees on Appropriations for obligation
under any of these specific headings unless the Committees on
Appropriations are notified 15 days in advance of such
obligation: Provided, That the President shall not enter into
any commitment of funds appropriated for the purposes of
section 23 of the Arms Export Control Act for the provision of
major defense equipment, other than conventional ammunition, or
other major defense items defined to be aircraft, ships,
missiles, or combat vehicles, not previously justified to
Congress or 20 percent in excess of the quantities justified to
Congress unless the Committees on Appropriations are notified
15 days in advance of such commitment: Provided further, That
requirements of this subsection or any similar provision of
this or any other Act shall not apply to any reprogramming for
a program, project, or activity for which funds are
appropriated under titles III through VI of this Act of less
than 10 percent of the amount previously justified to Congress
for obligation for such program, project, or activity for the
current fiscal year: Provided further, That any notification
submitted pursuant to subsection (f) of this section shall
include information (if known on the date of transmittal of
such notification) on the use of notwithstanding authority.
(d) Department of Defense Programs and Funding
Notifications.--
(1) Programs.--None of the funds appropriated by this
Act or prior Acts making appropriations for the
Department of State, foreign operations, and related
programs may be made available to support or continue
any program initially funded under any authority of
title 10, United States Code, or any Act making or
authorizing appropriations for the Department of
Defense, unless the Secretary of State, in consultation
with the Secretary of Defense and in accordance with
the regular notification procedures of the Committees
on Appropriations, submits a justification to such
Committees that includes a description of, and the
estimated costs associated with, the support or
continuation of such program.
(2) Funding.--Notwithstanding any other provision of
law, funds transferred by the Department of Defense to
the Department of State and the United States Agency
for International Development for assistance for
foreign countries and international organizations shall
be subject to the regular notification procedures of
the Committees on Appropriations.
(3) Notification on excess defense articles.--Prior
to providing excess Department of Defense articles in
accordance with section 516(a) of the Foreign
Assistance Act of 1961, the Department of Defense shall
notify the Committees on Appropriations to the same
extent and under the same conditions as other
committees pursuant to subsection (f) of that section:
Provided, That before issuing a letter of offer to sell
excess defense articles under the Arms Export Control
Act, the Department of Defense shall notify the
Committees on Appropriations in accordance with the
regular notification procedures of such Committees if
such defense articles are significant military
equipment (as defined in section 47(9) of the Arms
Export Control Act) or are valued (in terms of original
acquisition cost) at $7,000,000 or more, or if
notification is required elsewhere in this Act for the
use of appropriated funds for specific countries that
would receive such excess defense articles: Provided
further, That such Committees shall also be informed of
the original acquisition cost of such defense articles.
(e) Waiver.--The requirements of this section or any similar
provision of this Act or any other Act, including any prior Act
requiring notification in accordance with the regular
notification procedures of the Committees on Appropriations,
may be waived if failure to do so would pose a substantial risk
to human health or welfare: Provided, That in case of any such
waiver, notification to the Committees on Appropriations shall
be provided as early as practicable, but in no event later than
3 days after taking the action to which such notification
requirement was applicable, in the context of the circumstances
necessitating such waiver: Provided further, That any
notification provided pursuant to such a waiver shall contain
an explanation of the emergency circumstances.
(f) Country Notification Requirements.--None of the funds
appropriated under titles III through VI of this Act may be
obligated or expended for assistance for Afghanistan, Bahrain,
Burma, Cambodia, Colombia, Cuba, Egypt, El Salvador, Ethiopia,
Guatemala, Haiti, Honduras, Iran, Iraq, Lebanon, Libya, Mexico,
Nicaragua, Pakistan, Philippines, the Russian Federation,
Somalia, South Sudan, Sri Lanka, Sudan, Syria, Uzbekistan,
Venezuela, Yemen, and Zimbabwe except as provided through the
regular notification procedures of the Committees on
Appropriations.
(g) Trust Funds.--Funds appropriated or otherwise made
available in title III of this Act and prior Acts making funds
available for the Department of State, foreign operations, and
related programs that are made available for a trust fund held
by an international financial institution shall be subject to
the regular notification procedures of the Committees on
Appropriations and such notification shall include the
information specified under this section in House Report 116-
78.
(h) Other Program Notification Requirement.--
(1) Diplomatic programs.--Funds appropriated under
title I of this Act under the heading ``Diplomatic
Programs'' that are made available for lateral entry
into the Foreign Service shall be subject to prior
consultation with, and the regular notification
procedures of, the Committees on Appropriations.
(2) Other programs.--Funds appropriated by this Act
that are made available for the following programs and
activities shall be subject to the regular notification
procedures of the Committees on Appropriations:
(A) the Global Engagement Center, except that
the Secretary of State shall consult with the
appropriate congressional committees prior to
submitting such notification;
(B) the Power Africa initiative, or any
successor program;
(C) community-based police assistance
conducted pursuant to the authority of section
7035(a)(1) of this Act;
(D) the Relief and Recovery Fund and the
Global Fragility Fund, if enacted into law;
(E) the Indo-Pacific Strategy and the
Countering Chinese Influence Fund;
(F) the Global Security Contingency Fund;
(G) the Countering Russian Influence Fund;
(H) programs to end modern slavery; and
(I) the Women's Global Development and
Prosperity Fund.
(i) Withholding of Funds.--Funds appropriated by this Act
under titles III and IV that are withheld from obligation or
otherwise not programmed as a result of application of a
provision of law in this or any other Act shall, if
reprogrammed, be subject to the regular notification procedures
of the Committees on Appropriations.
(j) Foreign Assistance Review or Realignment.--Programmatic,
funding, and organizational changes resulting from
implementation of any foreign assistance review or realignment
shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations:
Provided, That such notifications may be submitted in
classified form, if necessary.
document requests, records management, and related cybersecurity
protections
Sec. 7016. (a) Document Requests.--None of the funds
appropriated or made available pursuant to titles III through
VI of this Act shall be available to a nongovernmental
organization, including any contractor, which fails to provide
upon timely request any document, file, or record necessary to
the auditing requirements of the Department of State and the
United States Agency for International Development.
(b) Records Management and Related Cybersecurity
Protections.--The Secretary of State and USAID Administrator
shall--
(1) regularly review and update the policies,
directives, and oversight necessary to comply with
Federal statutes, regulations, and presidential
executive orders and memoranda concerning the
preservation of all records made or received in the
conduct of official business, including record emails,
instant messaging, and other online tools;
(2) use funds appropriated by this Act under the
headings ``Diplomatic Programs'' and ``Capital
Investment Fund'' in title I, and ``Operating
Expenses'' and ``Capital Investment Fund'' in title II,
as appropriate, to improve Federal records management
pursuant to the Federal Records Act (44 U.S.C. Chapters
21, 29, 31, and 33) and other applicable Federal
records management statutes, regulations, or policies
for the Department of State and USAID;
(3) direct departing employees, including senior
officials, that all Federal records generated by such
employees belong to the Federal Government;
(4) improve the response time for identifying and
retrieving Federal records, including requests made
pursuant to section 552 of title 5, United States Code
(commonly known as the ``Freedom of Information Act'');
and
(5) strengthen cybersecurity measures to mitigate
vulnerabilities, including those resulting from the use
of personal email accounts or servers outside the .gov
domain, improve the process to identify and remove
inactive user accounts, update and enforce guidance
related to the control of national security
information, and implement the recommendations of the
applicable reports of the cognizant Office of Inspector
General.
use of funds in contravention of this act
Sec. 7017. If the President makes a determination not to
comply with any provision of this Act on constitutional
grounds, the head of the relevant Federal agency shall notify
the Committees on Appropriations in writing within 5 days of
such determination, the basis for such determination and any
resulting changes to program or policy.
prohibition on funding for abortions and involuntary sterilization
Sec. 7018. None of the funds made available to carry out
part I of the Foreign Assistance Act of 1961, as amended, may
be used to pay for the performance of abortions as a method of
family planning or to motivate or coerce any person to practice
abortions. None of the funds made available to carry out part I
of the Foreign Assistance Act of 1961, as amended, may be used
to pay for the performance of involuntary sterilization as a
method of family planning or to coerce or provide any financial
incentive to any person to undergo sterilizations. None of the
funds made available to carry out part I of the Foreign
Assistance Act of 1961, as amended, may be used to pay for any
biomedical research which relates in whole or in part, to
methods of, or the performance of, abortions or involuntary
sterilization as a means of family planning. None of the funds
made available to carry out part I of the Foreign Assistance
Act of 1961, as amended, may be obligated or expended for any
country or organization if the President certifies that the use
of these funds by any such country or organization would
violate any of the above provisions related to abortions and
involuntary sterilizations.
allocations and reports
Sec. 7019. (a) Allocation Tables.--Subject to subsection (b),
funds appropriated by this Act under titles III through V shall
be made available at not less than the amounts specifically
designated in the respective tables included in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act): Provided, That such
designated amounts for foreign countries and international
organizations shall serve as the amounts for such countries and
international organizations transmitted to Congress in the
report required by section 653(a) of the Foreign Assistance Act
of 1961, and shall be made available for such foreign countries
and international organizations notwithstanding the date of the
transmission of such report.
(b) Authorized Deviations Below Minimum Levels.--Unless
otherwise provided for by this Act, the Secretary of State and
the Administrator of the United States Agency for International
Development, as applicable, may deviate by not more than 10
percent below the minimum amounts specifically designated in
the respective tables in the explanatory statement described in
section 4 (in the matter preceding division A of this
consolidated Act): Provided, That deviations pursuant to this
subsection shall be subject to prior consultation with the
Committees on Appropriations.
(c) Limitation.--For specifically designated amounts that are
included, pursuant to subsection (a), in the report required by
section 653(a) of the Foreign Assistance Act of 1961,
deviations authorized by subsection (b) may only take place
after submission of such report.
(d) Exceptions.--
(1) Subsections (a) and (b) shall not apply to--
(A) amounts designated for ``International
Military Education and Training'' in the
respective tables included in the explanatory
statement described in section 4 (in the matter
preceding division A of this consolidated Act);
(B) funds for which the initial period of
availability has expired; and
(C) amounts designated by this Act as minimum
funding requirements.
(2) The authority in subsection (b) to deviate below
amounts designated in the respective tables included in
the explanatory statement described in section 4 (in
the matter preceding division A of this consolidated
Act) shall not apply to the table included under the
heading ``Global Health Programs'' in such statement.
(3) With respect to the amounts designated for
``Global Programs'' in the table under the heading
``Economic Support Fund'' included in the explanatory
statement described in section 4 (in the matter
preceding division A of this consolidated Act),
subsection (b) shall be applied by substituting ``5
percent'' for ``10 percent''.
(e) Reports.--The Secretary of State, USAID Administrator,
and other designated officials, as appropriate, shall submit
the reports required, in the manner described, in House Report
116-78, Senate Report 116-126, and the explanatory statement
described in section 4 (in the matter preceding division A of
this consolidated Act), unless directed otherwise in such
explanatory statement.
(f) Clarification.--Funds appropriated by this Act and the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2019 (division F of Public Law 116-6) under
the headings ``International Disaster Assistance'' and
``Migration and Refugee Assistance'' shall not be included for
purposes of meeting amounts designated for countries in this
Act or the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act), or such
prior Act or accompanying joint explanatory statement, unless
such headings are specifically designated as the source of
funds.
multi-year pledges
Sec. 7020. None of the funds appropriated by this Act may be
used to make any pledge for future year funding for any
multilateral or bilateral program funded in titles III through
VI of this Act unless such pledge meets the requirements
enumerated under this section in House Report 116-78.
prohibition on assistance to governments supporting international
terrorism
Sec. 7021. (a) Lethal Military Equipment Exports.--
(1) Prohibition.--None of the funds appropriated or
otherwise made available under titles III through VI of
this Act may be made available to any foreign
government which provides lethal military equipment to
a country the government of which the Secretary of
State has determined supports international terrorism
for purposes of section 1754(c) of the Export Reform
Control Act of 2018 (50 U.S.C. 4813(c)): Provided,
That the prohibition under this section with respect to
a foreign government shall terminate 12 months after
that government ceases to provide such military
equipment: Provided further, That this section applies
with respect to lethal military equipment provided
under a contract entered into after October 1, 1997.
(2) Determination.--Assistance restricted by
paragraph (1) or any other similar provision of law,
may be furnished if the President determines that to do
so is important to the national interest of the United
States.
(3) Report.--Whenever the President makes a
determination pursuant to paragraph (2), the President
shall submit to the Committees on Appropriations a
report with respect to the furnishing of such
assistance, including a detailed explanation of the
assistance to be provided, the estimated dollar amount
of such assistance, and an explanation of how the
assistance furthers United States national interest.
(b) Bilateral Assistance.--
(1) Limitations.--Funds appropriated for bilateral
assistance in titles III through VI of this Act and
funds appropriated under any such title in prior Acts
making appropriations for the Department of State,
foreign operations, and related programs, shall not be
made available to any foreign government which the
President determines--
(A) grants sanctuary from prosecution to any
individual or group which has committed an act
of international terrorism;
(B) otherwise supports international
terrorism; or
(C) is controlled by an organization
designated as a terrorist organization under
section 219 of the Immigration and Nationality
Act (8 U.S.C. 1189).
(2) Waiver.--The President may waive the application
of paragraph (1) to a government if the President
determines that national security or humanitarian
reasons justify such waiver: Provided, That the
President shall publish each such waiver in the Federal
Register and, at least 15 days before the waiver takes
effect, shall notify the Committees on Appropriations
of the waiver (including the justification for the
waiver) in accordance with the regular notification
procedures of the Committees on Appropriations.
authorization requirements
Sec. 7022. Funds appropriated by this Act, except funds
appropriated under the heading ``Trade and Development
Agency'', may be obligated and expended notwithstanding section
10 of Public Law 91-672 (22 U.S.C. 2412), section 15 of the
State Department Basic Authorities Act of 1956 (22 U.S.C.
2680), section 313 of the Foreign Relations Authorization Act,
Fiscal Years 1994 and 1995 (22 U.S.C. 6212), and section
504(a)(1) of the National Security Act of 1947 (50 U.S.C.
3094(a)(1)).
definition of program, project, and activity
Sec. 7023. For the purpose of titles II through VI of this
Act ``program, project, and activity'' shall be defined at the
appropriations Act account level and shall include all
appropriations and authorizations Acts funding directives,
ceilings, and limitations with the exception that for the
``Economic Support Fund'', ``Assistance for Europe, Eurasia and
Central Asia'', and ``Foreign Military Financing Program''
accounts, ``program, project, and activity'' shall also be
considered to include country, regional, and central program
level funding within each such account, and for the development
assistance accounts of the United States Agency for
International Development, ``program, project, and activity''
shall also be considered to include central, country, regional,
and program level funding, either as--
(1) justified to Congress; or
(2) allocated by the Executive Branch in accordance
with the report required by section 653(a) of the
Foreign Assistance Act of 1961 or as modified pursuant
to section 7019 of this Act.
authorities for the peace corps, inter-american foundation, and united
states african development foundation
Sec. 7024. Unless expressly provided to the contrary,
provisions of this or any other Act, including provisions
contained in prior Acts authorizing or making appropriations
for the Department of State, foreign operations, and related
programs, shall not be construed to prohibit activities
authorized by or conducted under the Peace Corps Act, the
Inter-American Foundation Act, or the African Development
Foundation Act: Provided, That prior to conducting activities
in a country for which assistance is prohibited, the agency
shall consult with the Committees on Appropriations and report
to such Committees within 15 days of taking such action.
commerce, trade and surplus commodities
Sec. 7025. (a) World Markets.--None of the funds appropriated
or made available pursuant to titles III through VI of this Act
for direct assistance and none of the funds otherwise made
available to the Export-Import Bank and the United States
International Development Finance Corporation shall be
obligated or expended to finance any loan, any assistance, or
any other financial commitments for establishing or expanding
production of any commodity for export by any country other
than the United States, if the commodity is likely to be in
surplus on world markets at the time the resulting productive
capacity is expected to become operative and if the assistance
will cause substantial injury to United States producers of the
same, similar, or competing commodity: Provided, That such
prohibition shall not apply to the Export-Import Bank if in the
judgment of its Board of Directors the benefits to industry and
employment in the United States are likely to outweigh the
injury to United States producers of the same, similar, or
competing commodity, and the Chairman of the Board so notifies
the Committees on Appropriations: Provided further, That this
subsection shall not prohibit--
(1) activities in a country that is eligible for
assistance from the International Development
Association, is not eligible for assistance from the
International Bank for Reconstruction and Development,
and does not export on a consistent basis the
agricultural commodity with respect to which assistance
is furnished; or
(2) activities in a country the President determines
is recovering from widespread conflict, a humanitarian
crisis, or a complex emergency.
(b) Exports.--None of the funds appropriated by this or any
other Act to carry out chapter 1 of part I of the Foreign
Assistance Act of 1961 shall be available for any testing or
breeding feasibility study, variety improvement or
introduction, consultancy, publication, conference, or training
in connection with the growth or production in a foreign
country of an agricultural commodity for export which would
compete with a similar commodity grown or produced in the
United States: Provided, That this subsection shall not
prohibit--
(1) activities designed to increase food security in
developing countries where such activities will not
have a significant impact on the export of agricultural
commodities of the United States;
(2) research activities intended primarily to benefit
United States producers;
(3) activities in a country that is eligible for
assistance from the International Development
Association, is not eligible for assistance from the
International Bank for Reconstruction and Development,
and does not export on a consistent basis the
agricultural commodity with respect to which assistance
is furnished; or
(4) activities in a country the President determines
is recovering from widespread conflict, a humanitarian
crisis, or a complex emergency.
(c) International Financial Institutions.--The Secretary of
the Treasury shall instruct the United States executive
directors of the international financial institutions to use
the voice and vote of the United States to oppose any
assistance by such institutions, using funds appropriated or
made available by this Act, for the production or extraction of
any commodity or mineral for export, if it is in surplus on
world markets and if the assistance will cause substantial
injury to United States producers of the same, similar, or
competing commodity.
separate accounts
Sec. 7026. (a) Separate Accounts for Local Currencies.--
(1) Agreements.--If assistance is furnished to the
government of a foreign country under chapters 1 and 10
of part I or chapter 4 of part II of the Foreign
Assistance Act of 1961 under agreements which result in
the generation of local currencies of that country, the
Administrator of the United States Agency for
International Development shall--
(A) require that local currencies be
deposited in a separate account established by
that government;
(B) enter into an agreement with that
government which sets forth--
(i) the amount of the local
currencies to be generated; and
(ii) the terms and conditions under
which the currencies so deposited may
be utilized, consistent with this
section; and
(C) establish by agreement with that
government the responsibilities of USAID and
that government to monitor and account for
deposits into and disbursements from the
separate account.
(2) Uses of local currencies.--As may be agreed upon
with the foreign government, local currencies deposited
in a separate account pursuant to subsection (a), or an
equivalent amount of local currencies, shall be used
only--
(A) to carry out chapter 1 or 10 of part I or
chapter 4 of part II of the Foreign Assistance
Act of 1961 (as the case may be), for such
purposes as--
(i) project and sector assistance
activities; or
(ii) debt and deficit financing; or
(B) for the administrative requirements of
the United States Government.
(3) Programming accountability.--USAID shall take all
necessary steps to ensure that the equivalent of the
local currencies disbursed pursuant to subsection
(a)(2)(A) from the separate account established
pursuant to subsection (a)(1) are used for the purposes
agreed upon pursuant to subsection (a)(2).
(4) Termination of assistance programs.--Upon
termination of assistance to a country under chapter 1
or 10 of part I or chapter 4 of part II of the Foreign
Assistance Act of 1961 (as the case may be), any
unencumbered balances of funds which remain in a
separate account established pursuant to subsection (a)
shall be disposed of for such purposes as may be agreed
to by the government of that country and the United
States Government.
(b) Separate Accounts for Cash Transfers.--
(1) In general.--If assistance is made available to
the government of a foreign country, under chapter 1 or
10 of part I or chapter 4 of part II of the Foreign
Assistance Act of 1961, as cash transfer assistance or
as nonproject sector assistance, that country shall be
required to maintain such funds in a separate account
and not commingle with any other funds.
(2) Applicability of other provisions of law.--Such
funds may be obligated and expended notwithstanding
provisions of law which are inconsistent with the
nature of this assistance including provisions which
are referenced in the Joint Explanatory Statement of
the Committee of Conference accompanying House Joint
Resolution 648 (House Report No. 98-1159).
(3) Notification.--At least 15 days prior to
obligating any such cash transfer or nonproject sector
assistance, the President shall submit a notification
through the regular notification procedures of the
Committees on Appropriations, which shall include a
detailed description of how the funds proposed to be
made available will be used, with a discussion of the
United States interests that will be served by such
assistance (including, as appropriate, a description of
the economic policy reforms that will be promoted by
such assistance).
(4) Exemption.--Nonproject sector assistance funds
may be exempt from the requirements of paragraph (1)
only through the regular notification procedures of the
Committees on Appropriations.
eligibility for assistance
Sec. 7027. (a) Assistance Through Nongovernmental
Organizations.--Restrictions contained in this or any other Act
with respect to assistance for a country shall not be construed
to restrict assistance in support of programs of
nongovernmental organizations from funds appropriated by this
Act to carry out the provisions of chapters 1, 10, 11, and 12
of part I and chapter 4 of part II of the Foreign Assistance
Act of 1961 and from funds appropriated under the heading
``Assistance for Europe, Eurasia and Central Asia'': Provided,
That before using the authority of this subsection to furnish
assistance in support of programs of nongovernmental
organizations, the President shall notify the Committees on
Appropriations pursuant to the regular notification procedures,
including a description of the program to be assisted, the
assistance to be provided, and the reasons for furnishing such
assistance: Provided further, That nothing in this subsection
shall be construed to alter any existing statutory prohibitions
against abortion or involuntary sterilizations contained in
this or any other Act.
(b) Public Law 480.--During fiscal year 2020, restrictions
contained in this or any other Act with respect to assistance
for a country shall not be construed to restrict assistance
under the Food for Peace Act (Public Law 83-480; 7 U.S.C. 1721
et seq.): Provided, That none of the funds appropriated to
carry out title I of such Act and made available pursuant to
this subsection may be obligated or expended except as provided
through the regular notification procedures of the Committees
on Appropriations.
(c) Exception.--This section shall not apply--
(1) with respect to section 620A of the Foreign
Assistance Act of 1961 or any comparable provision of
law prohibiting assistance to countries that support
international terrorism; or
(2) with respect to section 116 of the Foreign
Assistance Act of 1961 or any comparable provision of
law prohibiting assistance to the government of a
country that violates internationally recognized human
rights.
local competition
Sec. 7028. (a) Requirements for Exceptions to Competition for
Local Entities.--Funds appropriated by this Act that are made
available to the United States Agency for International
Development may only be made available for limited competitions
through local entities if--
(1) prior to the determination to limit competition
to local entities, USAID has--
(A) assessed the level of local capacity to
effectively implement, manage, and account for
programs included in such competition; and
(B) documented the written results of the
assessment and decisions made; and
(2) prior to making an award after limiting
competition to local entities--
(A) each successful local entity has been
determined to be responsible in accordance with
USAID guidelines; and
(B) effective monitoring and evaluation
systems are in place to ensure that award
funding is used for its intended purposes; and
(3) no level of acceptable fraud is assumed.
(b) Extension of Procurement Authority.--Section 7077 of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2012 (division I of Public Law 112-74)
shall continue in effect during fiscal year 2020.
international financial institutions
Sec. 7029. (a) Evaluations and Report.--The Secretary of the
Treasury shall instruct the United States executive director of
each international financial institution to use the voice of
the United States to encourage such institution to adopt and
implement a publicly available policy, including the strategic
use of peer reviews and external experts, to conduct
independent, in-depth evaluations of the effectiveness of at
least 25 percent of all loans, grants, programs, and
significant analytical non-lending activities in advancing the
institution's goals of reducing poverty and promoting equitable
economic growth, consistent with relevant safeguards, to ensure
that decisions to support such loans, grants, programs, and
activities are based on accurate data and objective analysis:
Provided, That not later than 45 days after enactment of this
Act, the Secretary shall submit a report to the Committees on
Appropriations on steps taken in fiscal year 2019 by the United
States executive directors and the international financial
institutions consistent with this subsection compared to the
previous fiscal year.
(b) Safeguards.--
(1) Standard.--The Secretary of the Treasury shall
instruct the United States Executive Director of the
International Bank for Reconstruction and Development
and the International Development Association to use
the voice and vote of the United States to oppose any
loan, grant, policy, or strategy if such institution
has adopted and is implementing any social or
environmental safeguard relevant to such loan, grant,
policy, or strategy that provides less protection than
World Bank safeguards in effect on September 30, 2015.
(2) Accountability, standards, and best practices.--
The Secretary of the Treasury shall instruct the United
States executive director of each international
financial institution to use the voice and vote of the
United States to oppose loans or other financing for
projects unless such projects--
(A) provide for accountability and
transparency, including the collection,
verification, and publication of beneficial
ownership information related to extractive
industries and on-site monitoring during the
life of the project;
(B) will be developed and carried out in
accordance with best practices regarding
environmental conservation, cultural
protection, and empowerment of local
populations, including free, prior and informed
consent of affected indigenous communities;
(C) do not provide incentives for, or
facilitate, forced displacement; and
(D) do not partner with or otherwise involve
enterprises owned or controlled by the armed
forces.
(c) Compensation.--None of the funds appropriated under title
V of this Act may be made as payment to any international
financial institution while the United States executive
director to such institution is compensated by the institution
at a rate which, together with whatever compensation such
executive director receives from the United States, is in
excess of the rate provided for an individual occupying a
position at level IV of the Executive Schedule under section
5315 of title 5, United States Code, or while any alternate
United States executive director to such institution is
compensated by the institution at a rate in excess of the rate
provided for an individual occupying a position at level V of
the Executive Schedule under section 5316 of title 5, United
States Code.
(d) Human Rights.--The Secretary of the Treasury shall
instruct the United States executive director of each
international financial institution to use the voice and vote
of the United States to promote human rights due diligence and
risk management, as appropriate, in connection with any loan,
grant, policy, or strategy of such institution in accordance
with the requirements specified under this subsection in Senate
Report 116-126: Provided, That prior to voting on any such
loan, grant, policy, or strategy the executive director shall
consult with the Assistant Secretary for Democracy, Human
Rights, and Labor, Department of State, if the executive
director has reason to believe that such loan, grant, policy,
or strategy could result in forced displacement or other
violation of human rights.
(e) Fraud and Corruption.--The Secretary of the Treasury
shall instruct the United States executive director of each
international financial institution to use the voice of the
United States to include in loan, grant, and other financing
agreements improvements in borrowing countries' financial
management and judicial capacity to investigate, prosecute, and
punish fraud and corruption.
(f) Beneficial Ownership Information.--The Secretary of the
Treasury shall instruct the United States executive director of
each international financial institution to use the voice of
the United States to encourage such institution to collect,
verify, and publish, to the maximum extent practicable,
beneficial ownership information (excluding proprietary
information) for any corporation or limited liability company,
other than a publicly listed company, that receives funds from
any such financial institution: Provided, That not later than
45 days after enactment of this Act, the Secretary shall submit
a report to the Committees on Appropriations on steps taken in
fiscal year 2019 by the United States executive directors and
the international financial institutions consistent with this
subsection compared to the previous fiscal year.
(g) Whistleblower Protections.--The Secretary of the Treasury
shall instruct the United States executive director of each
international financial institution to use the voice of the
United States to encourage each such institution to effectively
implement and enforce policies and procedures which meet or
exceed best practices in the United States for the protection
of whistleblowers from retaliation, including--
(1) protection against retaliation for internal and
lawful public disclosure;
(2) legal burdens of proof;
(3) statutes of limitation for reporting retaliation;
(4) access to binding independent adjudicative
bodies, including shared cost and selection external
arbitration; and
(5) results that eliminate the effects of proven
retaliation, including provision for the restoration of
prior employment.
insecure communications networks
Sec. 7030. Funds appropriated by this Act shall be made
available for programs to--
(1) advance the adoption of secure, next-generation
communications networks and services, including 5G, and
cybersecurity policies, in countries receiving
assistance under this Act and prior Acts making
appropriations for the Department of State, foreign
operations, and related programs;
(2) counter the establishment of insecure
communications networks and services, including 5G,
promoted by the People's Republic of China and other
state-backed enterprises that are subject to undue or
extrajudicial control by their country of origin; and
(3) provide policy and technical training to
information communication technology professionals in
countries receiving assistance under this Act, as
appropriate.
financial management and budget transparency
Sec. 7031. (a) Limitation on Direct Government-to-Government
Assistance.--
(1) Requirements.--Funds appropriated by this Act may
be made available for direct government-to-government
assistance only if the requirements included in section
7031(a)(1)(A) through (E) of the Department of State,
Foreign Operations, and Related Programs Appropriations
Act, 2019 (division F of Public Law 116-6) are fully
met.
(2) Consultation and notification.--In addition to
the requirements in paragraph (1), funds may only be
made available for direct government-to-government
assistance subject to prior consultation with, and the
regular notification procedures of, the Committees on
Appropriations: Provided, That such notification shall
contain an explanation of how the proposed activity
meets the requirements of paragraph (1): Provided
further, That the requirements of this paragraph shall
only apply to direct government-to-government
assistance in excess of $10,000,000 and all funds
available for cash transfer, budget support, and cash
payments to individuals.
(3) Suspension of assistance.--The Administrator of
the United States Agency for International Development
or the Secretary of State, as appropriate, shall
suspend any direct government-to-government assistance
if the Administrator or the Secretary has credible
information of material misuse of such assistance,
unless the Administrator or the Secretary reports to
the Committees on Appropriations that it is in the
national interest of the United States to continue such
assistance, including a justification, or that such
misuse has been appropriately addressed.
(4) Submission of information.--The Secretary of
State shall submit to the Committees on Appropriations,
concurrent with the fiscal year 2021 congressional
budget justification materials, amounts planned for
assistance described in paragraph (1) by country,
proposed funding amount, source of funds, and type of
assistance.
(5) Debt service payment prohibition.--None of the
funds made available by this Act may be used by the
government of any foreign country for debt service
payments owed by any country to any international
financial institution.
(b) National Budget and Contract Transparency.--
(1) Minimum requirements of fiscal transparency.--The
Secretary of State shall continue to update and
strengthen the ``minimum requirements of fiscal
transparency'' for each government receiving assistance
appropriated by this Act, as identified in the report
required by section 7031(b) of the Department of State,
Foreign Operations, and Related Programs Appropriations
Act, 2014 (division K of Public Law 113-76).
(2) Determination and report.--For each government
identified pursuant to paragraph (1), the Secretary of
State, not later than 180 days after enactment of this
Act, shall make or update any determination of
``significant progress'' or ``no significant progress''
in meeting the minimum requirements of fiscal
transparency, and make such determinations publicly
available in an annual ``Fiscal Transparency Report''
to be posted on the Department of State website:
Provided, That such report shall include the elements
included in the explanatory statement described in
section 4 (in the matter preceding division A of this
consolidated Act).
(3) Assistance.--Not less than $5,000,000 of the
funds appropriated by this Act under the heading
``Economic Support Fund'' shall be made available for
programs and activities to assist governments
identified pursuant to paragraph (1) to improve budget
transparency and to support civil society organizations
in such countries that promote budget transparency:
Provided, That such sums shall be in addition to funds
otherwise available for such purposes: Provided
further, That a description of the uses of such funds
shall be included in the annual ``Fiscal Transparency
Report'' required by paragraph (2).
(c) Anti-Kleptocracy and Human Rights.--
(1) Ineligibility.--(A) Officials of foreign
governments and their immediate family members about
whom the Secretary of State has credible information
have been involved, directly or indirectly, in
significant corruption, including corruption related to
the extraction of natural resources, or a gross
violation of human rights shall be ineligible for entry
into the United States.
(B) The Secretary shall also publicly or privately
designate or identify the officials of foreign
governments and their immediate family members about
whom the Secretary has such credible information
without regard to whether the individual has applied
for a visa.
(2) Exception.--Individuals shall not be ineligible
for entry into the United States pursuant to paragraph
(1) if such entry would further important United States
law enforcement objectives or is necessary to permit
the United States to fulfill its obligations under the
United Nations Headquarters Agreement: Provided, That
nothing in paragraph (1) shall be construed to derogate
from United States Government obligations under
applicable international agreements.
(3) Waiver.--The Secretary may waive the application
of paragraph (1) if the Secretary determines that the
waiver would serve a compelling national interest or
that the circumstances which caused the individual to
be ineligible have changed sufficiently.
(4) Report.--Not later than 30 days after enactment
of this Act, and every 90 days thereafter, the
Secretary of State shall submit a report, including a
classified annex if necessary, to the appropriate
congressional committees and the Committees on the
Judiciary describing the information related to
corruption or violation of human rights concerning each
of the individuals found ineligible in the previous 12
months pursuant to paragraph (1)(A) as well as the
individuals who the Secretary designated or identified
pursuant to paragraph (1)(B), or who would be
ineligible but for the application of paragraph (2), a
list of any waivers provided under paragraph (3), and
the justification for each waiver.
(5) Posting of report.--Any unclassified portion of
the report required under paragraph (4) shall be posted
on the Department of State website.
(6) Clarification.--For purposes of paragraphs (1),
(4), and (5), the records of the Department of State
and of diplomatic and consular offices of the United
States pertaining to the issuance or refusal of visas
or permits to enter the United States shall not be
considered confidential.
(d) Extraction of Natural Resources.--
(1) Assistance.--Funds appropriated by this Act shall
be made available to promote and support transparency
and accountability of expenditures and revenues related
to the extraction of natural resources, including by
strengthening implementation and monitoring of the
Extractive Industries Transparency Initiative,
implementing and enforcing section 8204 of the Food,
Conservation, and Energy Act of 2008 (Public Law 110-
246; 122 Stat. 2052) and the amendments made by such
section, and to prevent the sale of conflict diamonds,
and provide technical assistance to promote independent
audit mechanisms and support civil society
participation in natural resource management.
(2) Public disclosure and independent audits.--(A)
The Secretary of the Treasury shall instruct the
executive director of each international financial
institution that it is the policy of the United States
to use the voice and vote of the United States to
oppose any assistance by such institutions (including
any loan, credit, grant, or guarantee) to any country
for the extraction and export of a natural resource if
the government of such country has in place laws,
regulations, or procedures to prevent or limit the
public disclosure of company payments as required by
United States law, and unless such government has
adopted laws, regulations, or procedures in the sector
in which assistance is being considered to meet the
standards included under this section in the
explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act).
(B) The requirements of subparagraph (A) shall not
apply to assistance for the purpose of building the
capacity of such government to meet the requirements of
this subparagraph.
(e) Foreign Assistance Website.--Funds appropriated by this
Act under titles I and II, and funds made available for any
independent agency in title III, as appropriate, shall be made
available to support the provision of additional information on
United States Government foreign assistance on the Department
of State foreign assistance website: Provided, That all
Federal agencies funded under this Act shall provide such
information on foreign assistance, upon request and in a timely
manner, to the Department of State: Provided further, That not
later than 60 days after enactment of this Act, the Secretary
of State and USAID Administrator shall report to the Committees
on Appropriations on the process and timeline required to
consolidate data from USAID's ``Foreign Aid Explorer'' and
``ForeignAssistance.gov'', in accordance with the requirements
specified in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated Act).
democracy programs
Sec. 7032. (a) Funding.--
(1) In general.--Of the funds appropriated by this
Act under the headings ``Development Assistance'',
``Economic Support Fund'', ``Democracy Fund'',
``Assistance for Europe, Eurasia and Central Asia'',
and ``International Narcotics Control and Law
Enforcement'', not less than $2,400,000,000 shall be
made available for democracy programs.
(2) Programs.--Of the funds made available for
democracy programs under the headings ``Economic
Support Fund'' and ``Assistance for Europe, Eurasia and
Central Asia'' pursuant to paragraph (1), not less than
$102,040,000 shall be made available to the Bureau of
Democracy, Human Rights, and Labor, Department of
State, at not less than the amounts specified for
certain countries and regional programs designated in
the table under this section in the explanatory
statement described in section 4 (in the matter
preceding division A of this consolidated Act).
(b) Authorities.--
(1) Availability.--Funds made available by this Act
for democracy programs pursuant to subsection (a) and
under the heading ``National Endowment for Democracy''
may be made available notwithstanding any other
provision of law, and with regard to the National
Endowment for Democracy (NED), any regulation.
(2) Beneficiaries.--Funds made available by this Act
for the NED are made available pursuant to the
authority of the National Endowment for Democracy Act
(title V of Public Law 98-164), including all decisions
regarding the selection of beneficiaries.
(c) Definition of Democracy Programs.--For purposes of funds
appropriated by this Act, the term ``democracy programs'' means
programs that support good governance, credible and competitive
elections, freedom of expression, association, assembly, and
religion, human rights, labor rights, independent media, and
the rule of law, and that otherwise strengthen the capacity of
democratic political parties, governments, nongovernmental
organizations and institutions, and citizens to support the
development of democratic states and institutions that are
responsive and accountable to citizens.
(d) Program Prioritization.--Funds made available pursuant to
this section that are made available for programs to strengthen
government institutions shall be prioritized for those
institutions that demonstrate a commitment to democracy and the
rule of law.
(e) Restriction on Prior Approval.--With respect to the
provision of assistance for democracy programs in this Act, the
organizations implementing such assistance, the specific nature
of that assistance, and the participants in such programs shall
not be subject to the prior approval by the government of any
foreign country: Provided, That the Secretary of State, in
coordination with the Administrator of the United States Agency
for International Development, shall report to the Committees
on Appropriations, not later than 120 days after enactment of
this Act, detailing steps taken by the Department of State and
USAID to comply with the requirements of this subsection.
(f) Continuation of Current Practices.--The United States
Agency for International Development shall continue to
implement civil society and political competition and consensus
building programs abroad with funds appropriated by this Act in
a manner that recognizes the unique benefits of grants and
cooperative agreements in implementing such programs.
(g) Informing the National Endowment for Democracy.--The
Assistant Secretary for Democracy, Human Rights, and Labor,
Department of State, and the Assistant Administrator for
Democracy, Conflict, and Humanitarian Assistance, USAID, shall
regularly inform the National Endowment for Democracy of
democracy programs that are planned and supported by funds made
available by this Act and prior Acts making appropriations for
the Department of State, foreign operations, and related
programs.
(h) Protection of Civil Society Activists and Journalists.--
Of the funds appropriated by this Act under the headings
``Economic Support Fund'' and ``Democracy Fund'', not less than
$20,000,000 shall be made available to support and protect
civil society activists and journalists who have been
threatened, harassed, or attacked, including journalists
affiliated with the United States Agency for Global Media,
consistent with the action plan submitted pursuant to, and on
the same terms and conditions of, section 7032(i) of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2018 (division K of Public Law 115-141).
(i) International Freedom of Expression.--
(1) Operations.--Funds appropriated by this Act under
the heading ``Diplomatic Programs'' shall be made
available for the Bureau of Democracy, Human Rights,
and Labor, Department of State, for the costs of
administering programs designed to promote and defend
freedom of expression and the independence of the media
in countries where such freedom and independence are
restricted or denied.
(2) Assistance.--Of the funds appropriated by this
Act under the heading ``Economic Support Fund'', not
less than $10,000,000 shall be made available for
programs that promote and defend freedom of expression
and the independence of the media abroad: Provided,
That such funds are in addition to funds otherwise made
available by this Act for such purposes, and are
intended to complement emergency and safety programs
for civil society, including journalists and media
outlets at risk: Provided further, That such funds
shall be subject to prior consultation with, and the
regular notification procedures of, the Committees on
Appropriations.
international religious freedom
Sec. 7033. (a) International Religious Freedom Office.--Funds
appropriated by this Act under the heading ``Diplomatic
Programs'' shall be made available for the Office of
International Religious Freedom, Department of State, including
for support staff at not less than the amounts specified for
such office in the table under such heading in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act).
(b) Assistance.--Funds appropriated by this Act under the
headings ``Democracy Fund'', ``Economic Support Fund'', and
``International Broadcasting Operations'' shall be made
available for international religious freedom programs and
funds appropriated by this Act under the headings
``International Disaster Assistance'' and ``Migration and
Refugee Assistance'' shall be made available for humanitarian
assistance for vulnerable and persecuted religious minorities:
Provided, That funds made available by this Act under the
headings ``Economic Support Fund'' and ``Democracy Fund''
pursuant to this section shall be the responsibility of the
Ambassador-at-Large for International Religious Freedom, in
consultation with other relevant United States Government
officials, and shall be subject to prior consultation with the
Committees on Appropriations.
(c) Authority.--Funds appropriated by this Act and prior Acts
making appropriations for the Department of State, foreign
operations, and related programs under the heading ``Economic
Support Fund'' may be made available notwithstanding any other
provision of law for assistance for ethnic and religious
minorities in Iraq and Syria.
(d) Designation of Non-state Actors.--Section 7033(e) of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2017 (division J of Public 115-31) shall
continue in effect during fiscal year 2020.
special provisions
Sec. 7034. (a) Victims of War, Displaced Children, and
Displaced Burmese.--Funds appropriated in titles III and VI of
this Act that are made available for victims of war, displaced
children, displaced Burmese, and to combat trafficking in
persons and assist victims of such trafficking, may be made
available notwithstanding any other provision of law.
(b) Forensic Assistance.--
(1) Of the funds appropriated by this Act under the
heading ``Economic Support Fund'', not less than
$12,500,000 shall be made available for forensic
anthropology assistance related to the exhumation and
identification of victims of war crimes, crimes against
humanity, and genocide, which shall be administered by
the Assistant Secretary for Democracy, Human Rights,
and Labor, Department of State: Provided, That such
funds shall be in addition to funds made available by
this Act and prior Acts making appropriations for the
Department of State, foreign operations, and related
programs for assistance for countries.
(2) Of the funds appropriated by this Act under the
heading ``International Narcotics Control and Law
Enforcement'', not less than $8,000,000 shall be made
available for DNA forensic technology programs to
combat human trafficking in Central America and Mexico.
(c) Atrocities Prevention.--Of the funds appropriated by this
Act under the headings ``Economic Support Fund'' and
``International Narcotics Control and Law Enforcement'', not
less than $5,000,000 shall be made available for programs to
prevent atrocities, including to implement recommendations of
the Atrocities Prevention Board: Provided, That funds made
available pursuant to this subsection are in addition to
amounts otherwise made available for such purposes: Provided
further, That such funds shall be subject to the regular
notification procedures of the Committees on Appropriations.
(d) World Food Programme.--Funds managed by the Bureau for
Democracy, Conflict, and Humanitarian Assistance, United States
Agency for International Development, from this or any other
Act, may be made available as a general contribution to the
World Food Programme, notwithstanding any other provision of
law.
(e) Directives and Authorities.--
(1) Research and training.--Funds appropriated by
this Act under the heading ``Assistance for Europe,
Eurasia and Central Asia'' shall be made available to
carry out the Program for Research and Training on
Eastern Europe and the Independent States of the Former
Soviet Union as authorized by the Soviet-Eastern
European Research and Training Act of 1983 (22 U.S.C.
4501 et seq.).
(2) Genocide victims memorial sites.--Funds
appropriated by this Act and prior Acts making
appropriations for the Department of State, foreign
operations, and related programs under the headings
``Economic Support Fund'' and ``Assistance for Europe,
Eurasia and Central Asia'' may be made available as
contributions to establish and maintain memorial sites
of genocide, subject to the regular notification
procedures of the Committees on Appropriations.
(3) Private sector partnerships.--Of the funds
appropriated by this Act under the headings
``Development Assistance'' and ``Economic Support
Fund'' that are made available for private sector
partnerships, up to $50,000,000 may remain available
until September 30, 2022: Provided, That funds made
available pursuant to this paragraph may only be made
available following prior consultation with the
appropriate congressional committees, and the regular
notification procedures of the Committees on
Appropriations.
(4) Additional authorities.--Of the amounts made
available by title I of this Act under the heading
``Diplomatic Programs'', up to $500,000 may be made
available for grants pursuant to section 504 of the
Foreign Relations Authorization Act, Fiscal Year 1979
(22 U.S.C. 2656d), including to facilitate
collaboration with indigenous communities, and up to
$1,000,000 may be made available for grants to carry
out the activities of the Cultural Antiquities Task
Force.
(5) Innovation.--The USAID Administrator may use
funds appropriated by this Act under title III to make
innovation incentive awards in accordance with the
terms and conditions of section 7034(e)(4) of the
Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2019 (division F of Public
Law 116-6): Provided, That each individual award may
not exceed $100,000: Provided further, That no more
than 15 such awards may be made during fiscal year
2020.
(6) Exchange visitor program.--None of the funds made
available by this Act may be used to modify the
Exchange Visitor Program administered by the Department
of State to implement the Mutual Educational and
Cultural Exchange Act of 1961 (Public Law 87-256; 22
U.S.C. 2451 et seq.), except through the formal
rulemaking process pursuant to the Administrative
Procedure Act (5 U.S.C. 551 et seq.) and
notwithstanding the exceptions to such rulemaking
process in such Act: Provided, That funds made
available for such purpose shall only be made available
after consultation with, and subject to the regular
notification procedures of, the Committees on
Appropriations, regarding how any proposed modification
would affect the public diplomacy goals of, and the
estimated economic impact on, the United States:
Provided further, That such consultation shall take
place not later than 30 days prior to the publication
in the Federal Register of any regulatory action
modifying the Exchange Visitor Program.
(f) Partner Vetting.--Prior to initiating a partner vetting
program, or making significant changes to the scope of an
existing partner vetting program, the Secretary of State and
USAID Administrator, as appropriate, shall consult with the
Committees on Appropriations: Provided, That the Secretary and
the Administrator shall provide a direct vetting option for
prime awardees in any partner vetting program initiated or
significantly modified after the date of enactment of this Act,
unless the Secretary of State or USAID Administrator, as
applicable, informs the Committees on Appropriations on a case-
by-case basis that a direct vetting option is not feasible for
such program.
(g) Contingencies.--During fiscal year 2020, the President
may use up to $125,000,000 under the authority of section 451
of the Foreign Assistance Act of 1961, notwithstanding any
other provision of law.
(h) International Child Abductions.--The Secretary of State
should withhold funds appropriated under title III of this Act
for assistance for the central government of any country that
is not taking appropriate steps to comply with the Convention
on the Civil Aspects of International Child Abductions, done at
the Hague on October 25, 1980: Provided, That the Secretary
shall report to the Committees on Appropriations within 15 days
of withholding funds under this subsection.
(i) Transfer of Funds for Extraordinary Protection.--The
Secretary of State may transfer to, and merge with, funds under
the heading ``Protection of Foreign Missions and Officials''
unobligated balances of expired funds appropriated under the
heading ``Diplomatic Programs'' for fiscal year 2020, except
for funds designated for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985, at
no later than the end of the fifth fiscal year after the last
fiscal year for which such funds are available for the purposes
for which appropriated: Provided, That not more than
$50,000,000 may be transferred.
(j) Authority.--Funds made available by this Act under the
heading ``Economic Support Fund'' to counter extremism may be
made available notwithstanding any other provision of law
restricting assistance to foreign countries, except sections
502B, 620A, and 620M of the Foreign Assistance Act of 1961:
Provided, That the use of the authority of this subsection
shall be subject to prior consultation with the appropriate
congressional committees and the regular notification
procedures of the Committees on Appropriations.
(k) Protections and Remedies for Employees of Diplomatic
Missions and International Organizations.--The Secretary of
State shall implement section 203(a)(2) of the William
Wilberforce Trafficking Victims Protection Reauthorization Act
of 2008 (Public Law 110-457): Provided, That in addition to
suspension on the basis of an unpaid default or final civil
judgment directly or indirectly related to human trafficking
against the employer or a family member assigned to an embassy,
suspension on this basis should also apply to an employer or
family member assigned to any diplomatic mission, or any
international organization: Provided further, That the
Secretary of State should assist in obtaining payment of final
court judgments awarded to A-3 and G-5 visa holders, including
encouraging the sending states to provide compensation directly
to victims: Provided further, That the Secretary shall include
in the Trafficking in Persons annual report a concise summary
of each trafficking case involving an A-3 or G-5 visa holder
that meets one or more of the following criteria: (1) a final
court judgment (including a default judgment) issued against a
current or former employee of such diplomatic mission or
international organization; (2) the issuance of a T-visa to the
victim; or (3) a request by the Department of State to the
sending state that immunity of individual diplomats or family
members be waived to permit criminal prosecution.
(l) Extension of Authorities.--
(1) Passport fees.--Section 1(b)(2) of the Passport
Act of June 4, 1920 (22 U.S.C. 214(b)(2)) shall be
applied by substituting ``September 30, 2020'' for
``September 30, 2010''.
(2) Incentives for critical posts.--The authority
contained in section 1115(d) of the Supplemental
Appropriations Act, 2009 (Public Law 111-32) shall
remain in effect through September 30, 2020.
(3) USAID civil service annuitant waiver.--Section
625(j)(1) of the Foreign Assistance Act of 1961 (22
U.S.C. 2385(j)(1)) shall be applied by substituting
``September 30, 2020'' for ``October 1, 2010'' in
subparagraph (B).
(4) Overseas pay comparability and limitation.--(A)
Subject to the limitation described in subparagraph
(B), the authority provided by section 1113 of the
Supplemental Appropriations Act, 2009 (Public Law 111-
32) shall remain in effect through September 30, 2020.
(B) The authority described in subparagraph (A) may
not be used to pay an eligible member of the Foreign
Service (as defined in section 1113(b) of the
Supplemental Appropriations Act, 2009 (Public Law 111-
32)) a locality-based comparability payment (stated as
a percentage) that exceeds two-thirds of the amount of
the locality-based comparability payment (stated as a
percentage) that would be payable to such member under
section 5304 of title 5, United States Code, if such
member's official duty station were in the District of
Columbia.
(5) Categorical eligibility.--The Foreign Operations,
Export Financing, and Related Programs Appropriations
Act, 1990 (Public Law 101-167) is amended--
(A) in section 599D (8 U.S.C. 1157 note)--
(i) in subsection (b)(3), by striking
``and 2019'' and inserting ``2019, and
2020''; and
(ii) in subsection (e), by striking
``2019'' each place it appears and
inserting ``2020''; and
(B) in section 599E(b)(2) (8 U.S.C. 1255
note), by striking ``2019'' and inserting
``2020''.
(6) Inspector general annuitant waiver.--The
authorities provided in section 1015(b) of the
Supplemental Appropriations Act, 2010 (Public Law 111-
212) shall remain in effect through September 30, 2020,
and may be used to facilitate the assignment of persons
for oversight of programs in Syria, South Sudan, Yemen,
Somalia, and Venezuela.
(7) Accountability review boards.--The authority
provided by section 301(a)(3) of the Omnibus Diplomatic
Security and Antiterrorism Act of 1986 (22 U.S.C.
4831(a)(3)) shall remain in effect for facilities in
Afghanistan through September 30, 2020, except that the
notification and reporting requirements contained in
such section shall include the Committees on
Appropriations.
(8) Special inspector general for afghanistan
reconstruction competitive status.--Notwithstanding any
other provision of law, any employee of the Special
Inspector General for Afghanistan Reconstruction
(SIGAR) who completes at least 12 months of continuous
service after enactment of this Act or who is employed
on the date on which SIGAR terminates, whichever occurs
first, shall acquire competitive status for appointment
to any position in the competitive service for which
the employee possesses the required qualifications.
(9) Transfer of balances.--Section 7081(h) of the
Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2017 (division J of Public
Law 115-31) shall continue in effect during fiscal year
2020.
(10) Department of state inspector general waiver
authority.--The Inspector General of the Department of
State may waive the provisions of subsections (a)
through (d) of section 824 of the Foreign Service Act
of 1980 (22 U.S.C. 4064) on a case-by-case basis for an
annuitant reemployed by the Inspector General on a
temporary basis, subject to the same constraints and in
the same manner by which the Secretary of State may
exercise such waiver authority pursuant to subsection
(g) of such section.
(11) Afghan allies.--Section 602(b)(3)(F) of the
Afghan Allies Protection Act of 2009 (8 U.S.C. 1101
note) is amended--
(A) in the heading, striking ``2015, 2016,
AND 2017'' and inserting ``2015 THROUGH 2020'';
(B) in the matter preceding clause (i), by
striking ``18,500'' and inserting ``22,500'';
and
(C) in clauses (i) and (ii), by striking
``December 31, 2020'' and inserting ``December
31, 2021''.
(m) Monitoring and Evaluation.--Funds appropriated by this
Act that are made available for monitoring and evaluation of
assistance under the headings ``Development Assistance'',
``International Disaster Assistance'', and ``Migration and
Refugee Assistance'' shall, as appropriate, be made available
for the regular collection of feedback obtained directly from
beneficiaries on the quality and relevance of such assistance:
Provided, That the Department of State and USAID shall
establish, and post on their respective websites, updated
procedures for implementing partners that receive funds under
such headings for regularly collecting and responding to such
feedback, including guidelines for the reporting on actions
taken in response to the feedback received: Provided further,
That the Department of State and USAID shall regularly conduct
oversight to ensure that such feedback is regularly collected
and used by implementing partners to maximize the cost-
effectiveness and utility of such assistance.
(n) HIV/AIDS Working Capital Fund.--Funds available in the
HIV/AIDS Working Capital Fund established pursuant to section
525(b)(1) of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 2005 (Public Law 108-447)
may be made available for pharmaceuticals and other products
for child survival, malaria, and tuberculosis to the same
extent as HIV/AIDS pharmaceuticals and other products, subject
to the terms and conditions in such section: Provided, That
the authority in section 525(b)(5) of the Foreign Operations,
Export Financing, and Related Programs Appropriation Act, 2005
(Public Law 108-447) shall be exercised by the Assistant
Administrator for Global Health, USAID, with respect to funds
deposited for such non-HIV/AIDS pharmaceuticals and other
products, and shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided
further, That the Secretary of State shall include in the
congressional budget justification an accounting of budgetary
resources, disbursements, balances, and reimbursements related
to such fund.
(o) Loans, Consultation, and Notification.--
(1) Loan guarantees.--Funds appropriated under the
headings ``Economic Support Fund'' and ``Assistance for
Europe, Eurasia and Central Asia'' by this Act and
prior Acts making appropriations for the Department of
State, foreign operations, and related programs may be
made available for the costs, as defined in section 502
of the Congressional Budget Act of 1974, of loan
guarantees for Egypt, Jordan, Tunisia, and Ukraine,
which are authorized to be provided: Provided, That
amounts made available under this paragraph for the
costs of such guarantees shall not be considered
assistance for the purposes of provisions of law
limiting assistance to a country.
(2) Designation requirement.--Funds made available
pursuant to paragraph (1) from prior Acts making
appropriations for the Department of State, foreign
operations, and related programs that were previously
designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency
Deficit Control Act of 1985 are designated by the
Congress for Overseas Contingency Operations/Global War
on Terrorism pursuant to section 251(b)(2)(A)(ii) of
such Act.
(3) Consultation and notification.--Funds made
available pursuant to the authorities of this
subsection shall be subject to prior consultation with
the appropriate congressional committees and the
regular notification procedures of the Committees on
Appropriations.
(p) Local Works.--
(1) Funding.--Of the funds appropriated by this Act
under the headings ``Development Assistance'' and
``Economic Support Fund'', not less than $50,000,000
shall be made available for Local Works pursuant to
section 7080 of the Department of State, Foreign
Operations, and Related Programs Appropriations Act,
2015 (division J of Public Law 113-235), which may
remain available until September 30, 2024.
(2) Eligible entities.--For the purposes of section
7080 of the Department of State, Foreign Operations,
and Related Programs Appropriations Act, 2015 (division
J of Public Law 113-235), ``eligible entities'' shall
be defined as small local, international, and United
States-based nongovernmental organizations, educational
institutions, and other small entities that have
received less than a total of $5,000,000 from USAID
over the previous 5 fiscal years: Provided, That
departments or centers of such educational institutions
may be considered individually in determining such
eligibility.
(q) Western Hemisphere Drug Policy Commission.--Up to
$499,000 of the funds appropriated under the heading ``Western
Hemisphere Drug Policy Commission, Salaries and Expenses'' of
the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2019 (division F of Public Law
116-6) shall remain available for obligation until September
30, 2021, notwithstanding the period of availability under such
heading.
(r) Definitions.--
(1) Appropriate congressional committees.--Unless
otherwise defined in this Act, for purposes of this Act
the term ``appropriate congressional committees'' means
the Committees on Appropriations and Foreign Relations
of the Senate and the Committees on Appropriations and
Foreign Affairs of the House of Representatives.
(2) Funds appropriated by this act and prior acts.--
Unless otherwise defined in this Act, for purposes of
this Act the term ``funds appropriated by this Act and
prior Acts making appropriations for the Department of
State, foreign operations, and related programs'' means
funds that remain available for obligation, and have
not expired.
(3) International financial institutions.--In this
Act ``international financial institutions'' means the
International Bank for Reconstruction and Development,
the International Development Association, the
International Finance Corporation, the Inter-American
Development Bank, the International Monetary Fund, the
International Fund for Agricultural Development, the
Asian Development Fund, the Inter-American Investment
Corporation, the North American Development Bank, the
European Bank for Reconstruction and Development, the
African Development Bank, the African Development Fund,
and the Multilateral Investment Guarantee Agency.
(4) Southern kordofan.--Any reference to Southern
Kordofan in this or any other Act making appropriations
for the Department of State, foreign operations, and
related programs shall for this fiscal year, and each
fiscal year thereafter, be deemed to include portions
of Western Kordofan that were previously part of
Southern Kordofan prior to the 2013 division of
Southern Kordofan.
(5) USAID.--In this Act, the term ``USAID'' means the
United States Agency for International Development.
(6) Spend plan.--In this Act, the term ``spend plan''
means a plan for the uses of funds appropriated for a
particular entity, country, program, purpose, or
account and which shall include, at a minimum, a
description of--
(A) realistic and sustainable goals, criteria
for measuring progress, and a timeline for
achieving such goals;
(B) amounts and sources of funds by account;
(C) how such funds will complement other
ongoing or planned programs; and
(D) implementing partners, to the maximum
extent practicable.
(7) Successor operating unit.--Any reference to a
particular USAID operating unit or office in this or
prior Acts making appropriations for the Department of
State, foreign operations, and related programs shall
be deemed to include any successor operating unit or
office performing the same or similar functions.
law enforcement and security
Sec. 7035. (a) Assistance.--
(1) Community-based police assistance.--Funds made
available under titles III and IV of this Act to carry
out the provisions of chapter 1 of part I and chapters
4 and 6 of part II of the Foreign Assistance Act of
1961, may be used, notwithstanding section 660 of that
Act, to enhance the effectiveness and accountability of
civilian police authority through training and
technical assistance in human rights, the rule of law,
anti-corruption, strategic planning, and through
assistance to foster civilian police roles that support
democratic governance, including assistance for
programs to prevent conflict, respond to disasters,
address gender-based violence, and foster improved
police relations with the communities they serve.
(2) Counterterrorism partnerships fund.--Funds
appropriated by this Act under the heading
``Nonproliferation, Anti-terrorism, Demining and
Related Programs'' shall be made available for the
Counterterrorism Partnerships Fund for programs in
areas liberated from, under the influence of, or
adversely affected by, the Islamic State of Iraq and
Syria or other terrorist organizations: Provided, That
such areas shall include the Kurdistan Region of Iraq:
Provided further, That prior to the obligation of funds
made available pursuant to this paragraph, the
Secretary of State shall take all practicable steps to
ensure that mechanisms are in place for monitoring,
oversight, and control of such funds: Provided
further, That funds made available pursuant to this
paragraph shall be subject to prior consultation with
the appropriate congressional committees, and the
regular notification procedures of the Committees on
Appropriations.
(3) Combat casualty care.--(A) Consistent with the
objectives of the Foreign Assistance Act of 1961 and
the Arms Export Control Act, funds appropriated by this
Act under the headings ``Peacekeeping Operations'' and
``Foreign Military Financing Program'' shall be made
available for combat casualty training and equipment.
(B) The Secretary of State shall offer combat
casualty care training and equipment as a component of
any package of lethal assistance funded by this Act
with funds appropriated under the headings
``Peacekeeping Operations'' and ``Foreign Military
Financing Program'': Provided, That the requirement of
this subparagraph shall apply to a country in conflict,
unless the Secretary determines that such country has
in place, to the maximum extent practicable,
functioning combat casualty care treatment and
equipment that meets or exceeds the standards
recommended by the Committee on Tactical Combat
Casualty Care: Provided further, That any such
training and equipment for combat casualty care shall
be made available through an open and competitive
process.
(4) Training related to international humanitarian
law.--The Secretary of State shall offer training
related to the requirements of international
humanitarian law as a component of any package of
lethal assistance funded by this Act with funds
appropriated under the headings ``Peacekeeping
Operations'' and ``Foreign Military Financing
Program'': Provided, That the requirement of this
paragraph shall not apply to a country that is a member
of the North Atlantic Treaty Organization (NATO), is a
major non-NATO ally designated by section 517(b) of the
Foreign Assistance Act of 1961, or is complying with
international humanitarian law: Provided further, That
any such training shall be made available through an
open and competitive process.
(5) Security force professionalization.--Funds
appropriated by this Act under the headings
``International Narcotics Control and Law Enforcement''
and ``Peacekeeping Operations'' shall be made available
to increase the capacity of foreign military and law
enforcement personnel to operate in accordance with
appropriate standards relating to human rights and the
protection of civilians in the manner specified under
this section in Senate Report 116-126, following
consultation with the Committees on Appropriations:
Provided, That funds made available pursuant to this
paragraph shall be made available through an open and
competitive process.
(6) Global security contingency fund.--
Notwithstanding any other provision of this Act, up to
$7,500,000 from funds appropriated by this Act under
the headings ``Peacekeeping Operations'' and ``Foreign
Military Financing Program'' may be transferred to, and
merged with, funds previously made available under the
heading ``Global Security Contingency Fund'', subject
to the regular notification procedures of the
Committees on Appropriations.
(7) International prison conditions.--Of the funds
appropriated by this Act under the headings
``Development Assistance'', ``Economic Support Fund'',
and ``International Narcotics Control and Law
Enforcement'', not less than $7,500,000 shall be made
available for assistance to eliminate inhumane
conditions in foreign prisons and other detention
facilities, notwithstanding section 660 of the Foreign
Assistance Act of 1961: Provided, That the Secretary
of State and the USAID Administrator shall consult with
the Committees on Appropriations on the proposed uses
of such funds prior to obligation and not later than 60
days after enactment of this Act: Provided further,
That such funds shall be in addition to funds otherwise
made available by this Act for such purpose.
(b) Authorities.--
(1) Reconstituting civilian police authority.--In
providing assistance with funds appropriated by this
Act under section 660(b)(6) of the Foreign Assistance
Act of 1961, support for a nation emerging from
instability may be deemed to mean support for regional,
district, municipal, or other sub-national entity
emerging from instability, as well as a nation emerging
from instability.
(2) Disarmament, demobilization, and reintegration.--
Section 7034(d) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act,
2015 (division J of Public Law 113-235) shall continue
in effect during fiscal year 2020.
(3) Extension of war reserves stockpile authority.--
(A) Section 12001(d) of the Department of
Defense Appropriations Act, 2005 (Public Law
108-287; 118 Stat. 1011) is amended by striking
``of this section'' and all that follows
through the period at the end and inserting
``of this section after September 30, 2021.''.
(B) Section 514(b)(2)(A) of the Foreign
Assistance Act of 1961 (22 U.S.C.
2321h(b)(2)(A)) is amended by striking ``and
2020'' and inserting ``2020, and 2021''.
(4) Commercial leasing of defense articles.--
Notwithstanding any other provision of law, and subject
to the regular notification procedures of the
Committees on Appropriations, the authority of section
23(a) of the Arms Export Control Act (22 U.S.C. 2763)
may be used to provide financing to Israel, Egypt, the
North Atlantic Treaty Organization (NATO), and major
non-NATO allies for the procurement by leasing
(including leasing with an option to purchase) of
defense articles from United States commercial
suppliers, not including Major Defense Equipment (other
than helicopters and other types of aircraft having
possible civilian application), if the President
determines that there are compelling foreign policy or
national security reasons for those defense articles
being provided by commercial lease rather than by
government-to-government sale under such Act.
(5) Special defense acquisition fund.--Not to exceed
$900,000,000 may be obligated pursuant to section
51(c)(2) of the Arms Export Control Act (22 U.S.C.
2795(c)(2)) for the purposes of the Special Defense
Acquisition Fund (the Fund), to remain available for
obligation until September 30, 2022: Provided, That
the provision of defense articles and defense services
to foreign countries or international organizations
from the Fund shall be subject to the concurrence of
the Secretary of State.
(6) Public disclosure.--For the purposes of funds
appropriated by this Act and prior Acts making
appropriations for the Department of State, foreign
operations, and related programs that are made
available for assistance for units of foreign security
forces, the term ``to the maximum extent practicable''
in section 620M(d)(7) of the Foreign Assistance Act of
1961 (22 U.S.C. 2378d) means that the identity of such
units shall be made publicly available unless the
Secretary of State, on a case-by-case basis, determines
and reports to the appropriate congressional committees
that disclosure would endanger the safety of human
sources or reveal sensitive intelligence sources and
methods, or that non-disclosure is in the national
security interest of the United States: Provided, That
any such determination shall include a detailed
justification, and may be submitted in classified form.
(7) Duty to inform.--If assistance to a foreign
security force is provided in a manner in which the
recipient unit or units cannot be identified prior to
the transfer of assistance, the Secretary of State
shall provide a list of units prohibited from receiving
such assistance pursuant to section 620M of the Foreign
Assistance Act of 1961 to the recipient government.
(c) Limitations.--
(1) Child soldiers.--Funds appropriated by this Act
should not be used to support any military training or
operations that include child soldiers.
(2) Landmines and cluster munitions.--
(A) Landmines.--Notwithstanding any other
provision of law, demining equipment available
to the United States Agency for International
Development and the Department of State and
used in support of the clearance of landmines
and unexploded ordnance for humanitarian
purposes may be disposed of on a grant basis in
foreign countries, subject to such terms and
conditions as the Secretary of State may
prescribe.
(B) Cluster munitions.--No military
assistance shall be furnished for cluster
munitions, no defense export license for
cluster munitions may be issued, and no cluster
munitions or cluster munitions technology shall
be sold or transferred, unless--
(i) the submunitions of the cluster
munitions, after arming, do not result
in more than 1 percent unexploded
ordnance across the range of intended
operational environments, and the
agreement applicable to the assistance,
transfer, or sale of such cluster
munitions or cluster munitions
technology specifies that the cluster
munitions will only be used against
clearly defined military targets and
will not be used where civilians are
known to be present or in areas
normally inhabited by civilians; or
(ii) such assistance, license, sale,
or transfer is for the purpose of
demilitarizing or permanently disposing
of such cluster munitions.
(3) Crowd control items.--Funds appropriated by this
Act should not be used for tear gas, small arms, light
weapons, ammunition, or other items for crowd control
purposes for foreign security forces that use excessive
force to repress peaceful expression, association, or
assembly in countries that the Secretary of State
determines are undemocratic or are undergoing
democratic transitions.
(d) Reports.--
(1) Security assistance report.--Not later than 120
days after enactment of this Act, the Secretary of
State shall submit to the Committees on Appropriations
a report on funds obligated and expended during fiscal
year 2019, by country and purpose of assistance, under
the headings ``Peacekeeping Operations'',
``International Military Education and Training'', and
``Foreign Military Financing Program''.
(2) Annual foreign military training report.--For the
purposes of implementing section 656 of the Foreign
Assistance Act of 1961, the term ``military training
provided to foreign military personnel by the
Department of Defense and the Department of State''
shall be deemed to include all military training
provided by foreign governments with funds appropriated
to the Department of Defense or the Department of
State, except for training provided by the government
of a country designated by section 517(b) of such Act
(22 U.S.C. 2321k(b)) as a major non-North Atlantic
Treaty Organization ally.
arab league boycott of israel
Sec. 7036. It is the sense of the Congress that--
(1) the Arab League boycott of Israel, and the
secondary boycott of American firms that have
commercial ties with Israel, is an impediment to peace
in the region and to United States investment and trade
in the Middle East and North Africa;
(2) the Arab League boycott, which was regrettably
reinstated in 1997, should be immediately and publicly
terminated, and the Central Office for the Boycott of
Israel immediately disbanded;
(3) all Arab League states should normalize relations
with their neighbor Israel;
(4) the President and the Secretary of State should
continue to vigorously oppose the Arab League boycott
of Israel and find concrete steps to demonstrate that
opposition by, for example, taking into consideration
the participation of any recipient country in the
boycott when determining to sell weapons to said
country; and
(5) the President should report to Congress annually
on specific steps being taken by the United States to
encourage Arab League states to normalize their
relations with Israel to bring about the termination of
the Arab League boycott of Israel, including those to
encourage allies and trading partners of the United
States to enact laws prohibiting businesses from
complying with the boycott and penalizing businesses
that do comply.
palestinian statehood
Sec. 7037. (a) Limitation on Assistance.--None of the funds
appropriated under titles III through VI of this Act may be
provided to support a Palestinian state unless the Secretary of
State determines and certifies to the appropriate congressional
committees that--
(1) the governing entity of a new Palestinian state--
(A) has demonstrated a firm commitment to
peaceful co-existence with the State of Israel;
and
(B) is taking appropriate measures to counter
terrorism and terrorist financing in the West
Bank and Gaza, including the dismantling of
terrorist infrastructures, and is cooperating
with appropriate Israeli and other appropriate
security organizations; and
(2) the Palestinian Authority (or the governing
entity of a new Palestinian state) is working with
other countries in the region to vigorously pursue
efforts to establish a just, lasting, and comprehensive
peace in the Middle East that will enable Israel and an
independent Palestinian state to exist within the
context of full and normal relationships, which should
include--
(A) termination of all claims or states of
belligerency;
(B) respect for and acknowledgment of the
sovereignty, territorial integrity, and
political independence of every state in the
area through measures including the
establishment of demilitarized zones;
(C) their right to live in peace within
secure and recognized boundaries free from
threats or acts of force;
(D) freedom of navigation through
international waterways in the area; and
(E) a framework for achieving a just
settlement of the refugee problem.
(b) Sense of Congress.--It is the sense of Congress that the
governing entity should enact a constitution assuring the rule
of law, an independent judiciary, and respect for human rights
for its citizens, and should enact other laws and regulations
assuring transparent and accountable governance.
(c) Waiver.--The President may waive subsection (a) if the
President determines that it is important to the national
security interest of the United States to do so.
(d) Exemption.--The restriction in subsection (a) shall not
apply to assistance intended to help reform the Palestinian
Authority and affiliated institutions, or the governing entity,
in order to help meet the requirements of subsection (a),
consistent with the provisions of section 7040 of this Act
(``Limitation on Assistance for the Palestinian Authority'').
prohibition on assistance to the palestinian broadcasting corporation
Sec. 7038. None of the funds appropriated or otherwise made
available by this Act may be used to provide equipment,
technical support, consulting services, or any other form of
assistance to the Palestinian Broadcasting Corporation.
assistance for the west bank and gaza
Sec. 7039. (a) Oversight.--For fiscal year 2020, 30 days
prior to the initial obligation of funds for the bilateral West
Bank and Gaza Program, the Secretary of State shall certify to
the Committees on Appropriations that procedures have been
established to assure the Comptroller General of the United
States will have access to appropriate United States financial
information in order to review the uses of United States
assistance for the Program funded under the heading ``Economic
Support Fund'' for the West Bank and Gaza.
(b) Vetting.--Prior to the obligation of funds appropriated
by this Act under the heading ``Economic Support Fund'' for
assistance for the West Bank and Gaza, the Secretary of State
shall take all appropriate steps to ensure that such assistance
is not provided to or through any individual, private or
government entity, or educational institution that the
Secretary knows or has reason to believe advocates, plans,
sponsors, engages in, or has engaged in, terrorist activity
nor, with respect to private entities or educational
institutions, those that have as a principal officer of the
entity's governing board or governing board of trustees any
individual that has been determined to be involved in, or
advocating terrorist activity or determined to be a member of a
designated foreign terrorist organization: Provided, That the
Secretary of State shall, as appropriate, establish procedures
specifying the steps to be taken in carrying out this
subsection and shall terminate assistance to any individual,
entity, or educational institution which the Secretary has
determined to be involved in or advocating terrorist activity.
(c) Prohibition.--
(1) Recognition of acts of terrorism.--None of the
funds appropriated under titles III through VI of this
Act for assistance under the West Bank and Gaza Program
may be made available for--
(A) the purpose of recognizing or otherwise
honoring individuals who commit, or have
committed acts of terrorism; and
(B) any educational institution located in
the West Bank or Gaza that is named after an
individual who the Secretary of State
determines has committed an act of terrorism.
(2) Security assistance and reporting requirement.--
Notwithstanding any other provision of law, none of the
funds made available by this or prior appropriations
Acts, including funds made available by transfer, may
be made available for obligation for security
assistance for the West Bank and Gaza until the
Secretary of State reports to the Committees on
Appropriations on the benchmarks that have been
established for security assistance for the West Bank
and Gaza and reports on the extent of Palestinian
compliance with such benchmarks.
(d) Oversight by the United States Agency for International
Development.--
(1) The Administrator of the United States Agency for
International Development shall ensure that Federal or
non-Federal audits of all contractors and grantees, and
significant subcontractors and sub-grantees, under the
West Bank and Gaza Program, are conducted at least on
an annual basis to ensure, among other things,
compliance with this section.
(2) Of the funds appropriated by this Act, up to
$1,000,000 may be used by the Office of Inspector
General of the United States Agency for International
Development for audits, investigations, and other
activities in furtherance of the requirements of this
subsection: Provided, That such funds are in addition
to funds otherwise available for such purposes.
(e) Comptroller General of the United States Audit.--
Subsequent to the certification specified in subsection (a),
the Comptroller General of the United States shall conduct an
audit and an investigation of the treatment, handling, and uses
of all funds for the bilateral West Bank and Gaza Program,
including all funds provided as cash transfer assistance, in
fiscal year 2020 under the heading ``Economic Support Fund'',
and such audit shall address--
(1) the extent to which such Program complies with
the requirements of subsections (b) and (c); and
(2) an examination of all programs, projects, and
activities carried out under such Program, including
both obligations and expenditures.
(f) Notification Procedures.--Funds made available in this
Act for West Bank and Gaza shall be subject to the regular
notification procedures of the Committees on Appropriations.
limitation on assistance for the palestinian authority
Sec. 7040. (a) Prohibition of Funds.--None of the funds
appropriated by this Act to carry out the provisions of chapter
4 of part II of the Foreign Assistance Act of 1961 may be
obligated or expended with respect to providing funds to the
Palestinian Authority.
(b) Waiver.--The prohibition included in subsection (a) shall
not apply if the President certifies in writing to the Speaker
of the House of Representatives, the President pro tempore of
the Senate, and the Committees on Appropriations that waiving
such prohibition is important to the national security interest
of the United States.
(c) Period of Application of Waiver.--Any waiver pursuant to
subsection (b) shall be effective for no more than a period of
6 months at a time and shall not apply beyond 12 months after
the enactment of this Act.
(d) Report.--Whenever the waiver authority pursuant to
subsection (b) is exercised, the President shall submit a
report to the Committees on Appropriations detailing the
justification for the waiver, the purposes for which the funds
will be spent, and the accounting procedures in place to ensure
that the funds are properly disbursed: Provided, That the
report shall also detail the steps the Palestinian Authority
has taken to arrest terrorists, confiscate weapons and
dismantle the terrorist infrastructure.
(e) Certification.--If the President exercises the waiver
authority under subsection (b), the Secretary of State must
certify and report to the Committees on Appropriations prior to
the obligation of funds that the Palestinian Authority has
established a single treasury account for all Palestinian
Authority financing and all financing mechanisms flow through
this account, no parallel financing mechanisms exist outside of
the Palestinian Authority treasury account, and there is a
single comprehensive civil service roster and payroll, and the
Palestinian Authority is acting to counter incitement of
violence against Israelis and is supporting activities aimed at
promoting peace, coexistence, and security cooperation with
Israel.
(f) Prohibition to Hamas and the Palestine Liberation
Organization.--
(1) None of the funds appropriated in titles III
through VI of this Act may be obligated for salaries of
personnel of the Palestinian Authority located in Gaza
or may be obligated or expended for assistance to Hamas
or any entity effectively controlled by Hamas, any
power-sharing government of which Hamas is a member, or
that results from an agreement with Hamas and over
which Hamas exercises undue influence.
(2) Notwithstanding the limitation of paragraph (1),
assistance may be provided to a power-sharing
government only if the President certifies and reports
to the Committees on Appropriations that such
government, including all of its ministers or such
equivalent, has publicly accepted and is complying with
the principles contained in section 620K(b)(1) (A) and
(B) of the Foreign Assistance Act of 1961, as amended.
(3) The President may exercise the authority in
section 620K(e) of the Foreign Assistance Act of 1961,
as added by the Palestinian Anti-Terrorism Act of 2006
(Public Law 109-446) with respect to this subsection.
(4) Whenever the certification pursuant to paragraph
(2) is exercised, the Secretary of State shall submit a
report to the Committees on Appropriations within 120
days of the certification and every quarter thereafter
on whether such government, including all of its
ministers or such equivalent are continuing to comply
with the principles contained in section 620K(b)(1) (A)
and (B) of the Foreign Assistance Act of 1961, as
amended: Provided, That the report shall also detail
the amount, purposes and delivery mechanisms for any
assistance provided pursuant to the abovementioned
certification and a full accounting of any direct
support of such government.
(5) None of the funds appropriated under titles III
through VI of this Act may be obligated for assistance
for the Palestine Liberation Organization.
middle east and north africa
Sec. 7041. (a) Egypt.--
(1) Certification and report.--Funds appropriated by
this Act that are available for assistance for Egypt
may be made available notwithstanding any other
provision of law restricting assistance for Egypt,
except for this subsection and section 620M of the
Foreign Assistance Act of 1961, and may only be made
available for assistance for the Government of Egypt if
the Secretary of State certifies and reports to the
Committees on Appropriations that such government is--
(A) sustaining the strategic relationship
with the United States; and
(B) meeting its obligations under the 1979
Egypt-Israel Peace Treaty.
(2) Economic support fund.--Of the funds appropriated
by this Act under the heading ``Economic Support
Fund'', not less than $125,000,000 shall be made
available for assistance for Egypt, of which not less
than $40,000,000 should be made available for higher
education programs, including not less than $15,000,000
for scholarships for Egyptian students with high
financial need to attend not-for-profit institutions of
higher education in Egypt that are currently accredited
by a regional accrediting agency recognized by the
United States Department of Education, or meets
standards equivalent to those required for United
States institutional accreditation by a regional
accrediting agency recognized by such Department:
Provided, That such funds shall be made available for
democracy programs, and for development programs in the
Sinai: Provided further, That such funds may not be
made available for cash transfer assistance or budget
support unless the Secretary of State certifies and
reports to the appropriate congressional committees
that the Government of Egypt is taking consistent and
effective steps to stabilize the economy and implement
market-based economic reforms.
(3) Foreign military financing program.--(A) Of the
funds appropriated by this Act under the heading
``Foreign Military Financing Program'', $1,300,000,000,
to remain available until September 30, 2021, should be
made available for assistance for Egypt: Provided,
That such funds may be transferred to an interest
bearing account in the Federal Reserve Bank of New
York, following consultation with the Committees on
Appropriations, and the uses of any interest earned on
such funds shall be subject to the regular notification
procedures of the Committees on Appropriations:
Provided further, That $300,000,000 of such funds shall
be withheld from obligation until the Secretary of
State certifies and reports to the Committees on
Appropriations that the Government of Egypt is taking
sustained and effective steps to--
(i) strengthen the rule of law, democratic
institutions, and human rights in Egypt,
including to protect religious minorities and
the rights of women, which are in addition to
steps taken during the previous calendar year
for such purposes;
(ii) implement reforms that protect freedoms
of expression, association, and peaceful
assembly, including the ability of civil
society organizations, human rights defenders,
and the media to function without interference;
(iii) release political prisoners and provide
detainees with due process of law;
(iv) hold Egyptian security forces
accountable, including officers credibly
alleged to have violated human rights;
(v) investigate and prosecute cases of
extrajudicial killings and forced
disappearances; and
(vi) provide regular access for United States
officials to monitor such assistance in areas
where the assistance is used:
Provided further, That the certification requirement
of this paragraph shall not apply to funds appropriated
by this Act under such heading for counterterrorism,
border security, and nonproliferation programs for
Egypt.
(B) The Secretary of State may waive the
certification requirement in subparagraph (A) if the
Secretary determines and reports to the Committees on
Appropriations that to do so is important to the
national security interest of the United States, and
submits a report to such Committees containing a
detailed justification for the use of such waiver and
the reasons why any of the requirements of subparagraph
(A) cannot be met: Provided, That the report required
by this paragraph shall be submitted in unclassified
form, but may be accompanied by a classified annex.
(4) Report.--Not later than 30 days after enactment
of this Act, and every 60 days thereafter, the
Secretary of State shall submit a report to the
appropriate congressional committees describing and
assessing the actions taken by the Government of Egypt
during the previous 60 days to fairly compensate April
Corley for injuries and losses sustained as a result of
the attack on her tour group by the Egyptian military
on September 13, 2015, and progress in resolving her
case: Provided, That if the Secretary reports that no
progress has been made in the previous 60 days, the
report shall include the reasons for the lack of
progress.
(b) Iran.--
(1) Funding.--Funds appropriated by this Act under
the headings ``Diplomatic Programs'', ``Economic
Support Fund'', and ``Nonproliferation, Anti-terrorism,
Demining and Related Programs'' shall be made available
for the programs and activities described under this
section in House Report 116-78.
(2) Reports.--
(A) Semi-annual report.--The Secretary of
State shall submit to the Committees on
Appropriations the semi-annual report required
by section 135(d)(4) of the Atomic Energy Act
of 1954 (42 U.S.C. 2160e(d)(4)), as added by
section 2 of the Iran Nuclear Agreement Review
Act of 2015 (Public Law 114-17).
(B) Sanctions report.--Not later than 180
days after the date of enactment of this Act,
the Secretary of State, in consultation with
the Secretary of the Treasury, shall submit to
the appropriate congressional committees a
report on--
(i) the status of United States
bilateral sanctions on Iran;
(ii) the reimposition and renewed
enforcement of secondary sanctions; and
(iii) the impact such sanctions have
had on Iran's destabilizing activities
throughout the Middle East.
(c) Iraq.--
(1) Purposes.--Funds appropriated under titles III
and IV of this Act shall be made available for
assistance for Iraq for--
(A) bilateral economic assistance and
international security assistance, including in
the Kurdistan Region of Iraq and for the Marla
Ruzicka Iraqi War Victims Fund;
(B) stabilization assistance, including in
Anbar Province;
(C) humanitarian assistance, including in the
Kurdistan Region of Iraq; and
(D) programs to protect and assist religious
and ethnic minority populations in Iraq,
including as described under this section in
the explanatory statement described in section
4 (in the matter preceding division A of this
consolidated Act).
(2) United states consulate general basrah.--Any
change in the status of operations at United States
Consulate General Basrah, including the return of
Consulate property located adjacent to the Basrah
International Airport to the Government of Iraq, shall
be subject to prior consultation with the appropriate
congressional committees and the regular notification
procedures of the Committees on Appropriations.
(3) Basing rights agreement.--None of the funds
appropriated or otherwise made available by this Act
may be used by the Government of the United States to
enter into a permanent basing rights agreement between
the United States and Iraq.
(d) Jordan.--
(1) Assistance appropriated by this act.--Of the
funds appropriated by this Act under titles III and IV,
not less than $1,525,000,000 shall be made available
for assistance for Jordan, of which: not less than
$1,082,400,000 shall be made available under the
heading ``Economic Support Fund'', of which not less
than $745,100,000 shall be made available for budget
support for the Government of Jordan; and not less than
$425,000,000 shall be made available under the heading
``Foreign Military Financing Program''.
(2) Assistance appropriated by prior acts.--Of the
funds appropriated under the heading ``Economic Support
Fund'' in prior Acts making appropriations for the
Department of State, foreign operations, and related
programs, not less than $125,000,000 shall be made
available for assistance for Jordan, of which
$100,000,000 shall be made available for budget support
for the Government of Jordan and $25,000,000 shall be
made available for programs to increase electricity
transmission to neighboring countries, including Iraq:
Provided, That such funds are in addition to amounts
otherwise made available for such purposes.
(e) Lebanon.--
(1) Assistance.--Funds appropriated under titles III
and IV of this Act shall be made available for
assistance for Lebanon: Provided, That such funds made
available under the heading ``Economic Support Fund''
may be made available notwithstanding section 1224 of
the Foreign Relations Authorization Act, Fiscal Year
2003 (Public Law 107-228; 22 U.S.C. 2346 note).
(2) Security assistance.--
(A) Funds appropriated by this Act under the
headings ``International Narcotics Control and
Law Enforcement'' and ``Foreign Military
Financing Program'' that are made available for
assistance for Lebanon may be made available
for programs and equipment for the Lebanese
Internal Security Forces (ISF) and the Lebanese
Armed Forces (LAF) to address security and
stability requirements in areas affected by
conflict in Syria, following consultation with
the appropriate congressional committees.
(B) Funds appropriated by this Act under the
heading ``Foreign Military Financing Program''
that are made available for assistance for
Lebanon may only be made available for programs
to--
(i) professionalize the LAF to
mitigate internal and external threats
from non-state actors, including
Hizballah;
(ii) strengthen border security and
combat terrorism, including training
and equipping the LAF to secure the
borders of Lebanon and address security
and stability requirements in areas
affected by conflict in Syria,
interdicting arms shipments, and
preventing the use of Lebanon as a safe
haven for terrorist groups; and
(iii) implement United Nations
Security Council Resolution 1701:
Provided, That prior to obligating funds made
available by this subparagraph for assistance
for the LAF, the Secretary of State shall
submit to the Committees on Appropriations a
spend plan, including actions to be taken to
ensure equipment provided to the LAF is used
only for the intended purposes, except such
plan may not be considered as meeting the
notification requirements under section 7015 of
this Act or under section 634A of the Foreign
Assistance Act of 1961, and shall be submitted
not later than September 1, 2020: Provided
further, That any notification submitted
pursuant to such section shall include any
funds specifically intended for lethal military
equipment.
(3) Limitation.--None of the funds appropriated by
this Act may be made available for the ISF or the LAF
if the ISF or the LAF is controlled by a foreign
terrorist organization, as designated pursuant to
section 219 of the Immigration and Nationality Act (8
U.S.C. 1189).
(f) Libya.--
(1) Assistance.--Funds appropriated under titles III
and IV of this Act shall be made available for
stabilization assistance for Libya, including support
for a United Nations-facilitated political process and
border security: Provided, That the limitation on the
uses of funds for certain infrastructure projects in
section 7041(f)(2) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act,
2014 (division K of Public Law 113-76) shall apply to
such funds.
(2) Certification.--Prior to the initial obligation
of funds made available by this Act for assistance for
Libya, the Secretary of State shall certify and report
to the Committees on Appropriations that all
practicable steps have been taken to ensure that
mechanisms are in place for monitoring, oversight, and
control of such funds.
(g) Morocco.--
(1) Availability and consultation requirement.--Funds
appropriated under title III of this Act shall be made
available for assistance for the Western Sahara:
Provided, That not later than 90 days after enactment
of this Act and prior to the obligation of such funds,
the Secretary of State, in consultation with the
Administrator of the United States Agency for
International Development, shall consult with the
Committees on Appropriations on the proposed uses of
such funds.
(2) Foreign military financing program.--Funds
appropriated by this Act under the heading ``Foreign
Military Financing Program'' that are available for
assistance for Morocco may only be used for the
purposes requested in the Congressional Budget
Justification, Foreign Operations, Fiscal Year 2017.
(h) Saudi Arabia.--
(1) International military education and training.--
None of the funds appropriated by this Act under the
heading ``International Military Education and
Training'' may be made available for assistance for the
Government of Saudi Arabia.
(2) Export-import bank.--None of the funds
appropriated or otherwise made available by this Act
and prior Acts making appropriations for the Department
of State, foreign operations, and related programs
should be obligated or expended by the Export-Import
Bank of the United States to guarantee, insure, or
extend (or participate in the extension of) credit in
connection with the export of nuclear technology,
equipment, fuel, materials, or other nuclear
technology-related goods or services to Saudi Arabia
unless the Government of Saudi Arabia--
(A) has in effect a nuclear cooperation
agreement pursuant to section 123 of the Atomic
Energy Act of 1954 (42 U.S.C. 2153);
(B) has committed to renounce uranium
enrichment and reprocessing on its territory
under that agreement; and
(C) has signed and implemented an Additional
Protocol to its Comprehensive Safeguards
Agreement with the International Atomic Energy
Agency.
(i) Syria.--
(1) Non-lethal assistance.--Of the funds appropriated
by this Act under the headings ``Economic Support
Fund'', ``International Narcotics Control and Law
Enforcement'', and ``Peacekeeping Operations'', not
less than $40,000,000 shall be made available,
notwithstanding any other provision of law, for non-
lethal stabilization assistance for Syria, of which not
less than $7,000,000 shall be made available for
emergency medical and rescue response and chemical
weapons use investigations.
(2) Limitations.--Funds made available pursuant to
paragraph (1) of this subsection--
(A) may not be made available for a project
or activity that supports or otherwise
legitimizes the Government of Iran, foreign
terrorist organizations (as designated pursuant
to section 219 of the Immigration and
Nationality Act (8 U.S.C. 1189)), or a proxy of
Iran in Syria;
(B) may not be made available for activities
that further the strategic objectives of the
Government of the Russian Federation that the
Secretary of State determines may threaten or
undermine United States national security
interests; and
(C) should not be used in areas of Syria
controlled by a government led by Bashar al-
Assad or associated forces.
(3) Monitoring and oversight.--Prior to the
obligation of any funds appropriated by this Act and
made available for assistance for Syria, the Secretary
of State shall take all practicable steps to ensure
that mechanisms are in place for monitoring, oversight,
and control of such assistance inside Syria.
(4) Consultation and notification.--Funds made
available pursuant to this subsection may only be made
available following consultation with the appropriate
congressional committees, and shall be subject to the
regular notification procedures of the Committees on
Appropriations.
(j) Tunisia.--
(1) Assistance appropriated by this act.--Of the
funds appropriated under titles III and IV of this Act,
not less than $191,400,000 shall be made available for
assistance for Tunisia.
(2) Assistance appropriated by prior acts.--Of the
funds appropriated under the heading ``Economic Support
Fund'' in prior Acts making appropriations for the
Department of State, foreign operations, and related
programs, not less than $50,000,000 shall be made
available for assistance for Tunisia: Provided, That
such funds are in addition to amounts otherwise made
available for such purposes.
(k) West Bank and Gaza.--
(1) Report on assistance.--Prior to the initial
obligation of funds made available by this Act under
the heading ``Economic Support Fund'' for assistance
for the West Bank and Gaza, the Secretary of State
shall report to the Committees on Appropriations that
the purpose of such assistance is to--
(A) advance Middle East peace;
(B) improve security in the region;
(C) continue support for transparent and
accountable government institutions;
(D) promote a private sector economy; or
(E) address urgent humanitarian needs.
(2) Limitations.--
(A)(i) None of the funds appropriated under
the heading ``Economic Support Fund'' in this
Act may be made available for assistance for
the Palestinian Authority, if after the date of
enactment of this Act--
(I) the Palestinians obtain the same
standing as member states or full
membership as a state in the United
Nations or any specialized agency
thereof outside an agreement negotiated
between Israel and the Palestinians; or
(II) the Palestinians initiate an
International Criminal Court (ICC)
judicially authorized investigation, or
actively support such an investigation,
that subjects Israeli nationals to an
investigation for alleged crimes
against Palestinians.
(ii) The Secretary of State may waive the
restriction in clause (i) of this subparagraph
resulting from the application of subclause (I)
of such clause if the Secretary certifies to
the Committees on Appropriations that to do so
is in the national security interest of the
United States, and submits a report to such
Committees detailing how the waiver and the
continuation of assistance would assist in
furthering Middle East peace.
(B)(i) The President may waive the provisions
of section 1003 of the Foreign Relations
Authorization Act, Fiscal Years 1988 and 1989
(Public Law 100-204) if the President
determines and certifies in writing to the
Speaker of the House of Representatives, the
President pro tempore of the Senate, and the
appropriate congressional committees that the
Palestinians have not, after the date of
enactment of this Act--
(I) obtained in the United Nations or
any specialized agency thereof the same
standing as member states or full
membership as a state outside an
agreement negotiated between Israel and
the Palestinians; and
(II) initiated or actively supported
an ICC investigation against Israeli
nationals for alleged crimes against
Palestinians.
(ii) Not less than 90 days after the
President is unable to make the certification
pursuant to clause (i) of this subparagraph,
the President may waive section 1003 of Public
Law 100-204 if the President determines and
certifies in writing to the Speaker of the
House of Representatives, the President pro
tempore of the Senate, and the Committees on
Appropriations that the Palestinians have
entered into direct and meaningful negotiations
with Israel: Provided, That any waiver of the
provisions of section 1003 of Public Law 100-
204 under clause (i) of this subparagraph or
under previous provisions of law must expire
before the waiver under the preceding sentence
may be exercised.
(iii) Any waiver pursuant to this
subparagraph shall be effective for no more
than a period of 6 months at a time and shall
not apply beyond 12 months after the enactment
of this Act.
(3) Reduction.--The Secretary of State shall reduce
the amount of assistance made available by this Act
under the heading ``Economic Support Fund'' for the
Palestinian Authority by an amount the Secretary
determines is equivalent to the amount expended by the
Palestinian Authority, the Palestine Liberation
Organization, and any successor or affiliated
organizations with such entities as payments for acts
of terrorism by individuals who are imprisoned after
being fairly tried and convicted for acts of terrorism
and by individuals who died committing acts of
terrorism during the previous calendar year: Provided,
That the Secretary shall report to the Committees on
Appropriations on the amount reduced for fiscal year
2020 prior to the obligation of funds for the
Palestinian Authority.
(4) Private sector partnership programs.--Funds
appropriated by this Act and prior Acts making
appropriations for the Department of State, foreign
operations, and related programs may be made available
for private sector partnership programs for the West
Bank and Gaza if such funds are authorized: Provided,
That funds made available pursuant to this paragraph
shall be subject to prior consultation with the
appropriate congressional committees, and the regular
notification procedures of the Committees on
Appropriations.
(5) Security report.--The reporting requirements in
section 1404 of the Supplemental Appropriations Act,
2008 (Public Law 110-252) shall apply to funds made
available by this Act, including a description of
modifications, if any, to the security strategy of the
Palestinian Authority.
(6) Incitement report.--Not later than 90 days after
enactment of this Act, the Secretary of State shall
submit a report to the appropriate congressional
committees detailing steps taken by the Palestinian
Authority to counter incitement of violence against
Israelis and to promote peace and coexistence with
Israel.
(l) Yemen.--Funds appropriated under title III of this Act
and prior Acts making appropriations for the Department of
State, foreign operations, and related programs shall be made
available for stabilization assistance for Yemen.
africa
Sec. 7042. (a) African Great Lakes Region Assistance
Restriction.--Funds appropriated by this Act under the heading
``International Military Education and Training'' for the
central government of a country in the African Great Lakes
region may be made available only for Expanded International
Military Education and Training and professional military
education until the Secretary of State determines and reports
to the Committees on Appropriations that such government is not
facilitating or otherwise participating in destabilizing
activities in a neighboring country, including aiding and
abetting armed groups.
(b) Cameroon.--Funds appropriated under title IV of this Act
that are made available for assistance for the armed forces of
Cameroon, including the Rapid Intervention Battalion, may only
be made available to counter regional terrorism, including Boko
Haram and other Islamic State affiliates, participate in
international peacekeeping operations, and for military
education and maritime security programs.
(c) Central African Republic.--Of the funds appropriated by
this Act under the heading ``Economic Support Fund'', not less
than $3,000,000 shall be made available for a contribution to
the Special Criminal Court in Central African Republic.
(d) Democratic Republic of the Congo.--Funds appropriated by
this Act under titles III and IV shall be made available for
assistance for the Democratic Republic of the Congo for
stabilization, global health, and bilateral economic
assistance, including in areas affected by, and at risk from,
the Ebola virus disease.
(e) Lake Chad Basin Countries.--Funds appropriated under
titles III and IV of this Act shall be made available,
following consultation with the Committees on Appropriations,
for assistance for Cameroon, Chad, Niger, and Nigeria for--
(1) democracy, development, and health programs;
(2) assistance for individuals targeted by foreign
terrorist and other extremist organizations, including
Boko Haram, consistent with the provisions of section
7059 of this Act;
(3) assistance for individuals displaced by violent
conflict; and
(4) counterterrorism programs.
(f) Malawi.--Of the funds appropriated by this Act under the
heading ``Development Assistance'', not less than $60,000,000
shall be made available for assistance for Malawi, of which up
to $10,000,000 shall be made available for higher education
programs.
(g) Sahel Stabilization and Security.--Funds appropriated
under titles III and IV of this Act shall be made available for
stabilization, health, development, and security programs in
the countries of the Sahel region.
(h) South Sudan.--
(1) Assistance.--Of the funds appropriated under
title III of this Act that are made available for
assistance for South Sudan, not less than $15,000,000
shall be made available for democracy programs and not
less than $8,000,000 shall be made available for
conflict mitigation and reconciliation programs.
(2) Limitation on assistance for the central
government.--Funds appropriated by this Act that are
made available for assistance for the central
Government of South Sudan may only be made available,
following consultation with the Committees on
Appropriations, for--
(A) humanitarian assistance;
(B) health programs, including to prevent,
detect, and respond to the Ebola virus disease;
(C) assistance to support South Sudan peace
negotiations or to advance or implement a peace
agreement; and
(D) assistance to support implementation of
outstanding issues of the Comprehensive Peace
Agreement and mutual arrangements related to
such agreement:
Provided, That prior to the initial obligation of funds made
available pursuant to subparagraphs (C) and (D), the Secretary
of State shall consult with the Committees on Appropriations on
the intended uses of such funds and steps taken by such
government to advance or implement a peace agreement.
(i) Sudan.--
(1) Limitations on assistance and loans.--(A)
Notwithstanding any other provision of law, none of the
funds appropriated by this Act may be made available
for assistance for the Government of Sudan.
(B) None of the funds appropriated by this Act may be
made available for the cost, as defined in section 502
of the Congressional Budget Act of 1974, of modifying
loans and loan guarantees held by the Government of
Sudan, including the cost of selling, reducing, or
canceling amounts owed to the United States, and
modifying concessional loans, guarantees, and credit
agreements.
(2) Exclusions.--The limitations of paragraph (1)
shall not apply to--
(A) humanitarian assistance;
(B) assistance for democracy, health,
agriculture, economic growth, and education
programs;
(C) assistance for the Darfur region,
Southern Kordofan State, Blue Nile State, other
marginalized areas and populations in Sudan,
and Abyei; and
(D) assistance to support implementation of
outstanding issues of the Comprehensive Peace
Agreement, mutual arrangements related to post-
referendum issues associated with such
Agreement, or any other viable peace agreement
in Sudan.
(3) Consultation.--Funds appropriated by this Act and
prior Acts making appropriations for the Department of
State, foreign operations, and related programs that
are made available for any new program or activity in
Sudan shall be subject to prior consultation with the
appropriate congressional committees.
(j) Zimbabwe.--
(1) Instruction.--The Secretary of the Treasury shall
instruct the United States executive director of each
international financial institution to vote against any
extension by the respective institution of any loan or
grant to the Government of Zimbabwe, except to meet
basic human needs or to promote democracy, unless the
Secretary of State certifies and reports to the
Committees on Appropriations that the rule of law has
been restored, including respect for ownership and
title to property, and freedoms of expression,
association, and assembly.
(2) Limitation.--None of the funds appropriated by
this Act shall be made available for assistance for the
central Government of Zimbabwe, except for health and
education, unless the Secretary of State certifies and
reports as required in paragraph (1).
east asia and the pacific
Sec. 7043. (a) Burma.--
(1) Bilateral economic assistance.--(A) Of the funds
appropriated under title III of this Act, not less than
$131,450,000 shall be made available for assistance for
Burma: Provided, That such funds may be made available
notwithstanding any other provision of law and
following consultation with the appropriate
congressional committees: Provided further, That such
funds shall be made available for programs to promote
ethnic and religious tolerance and to combat gender-
based violence, including in Kachin, Karen, Rakhine,
and Shan states: Provided further, That such funds may
be made available for ethnic groups and civil society
in Burma to help sustain ceasefire agreements and
further prospects for reconciliation and peace, which
may include support to representatives of ethnic armed
groups for this purpose.
(B) Funds appropriated under title III of this Act
for assistance for Burma shall be made available for
community-based organizations operating in Thailand to
provide food, medical, and other humanitarian
assistance to internally displaced persons in eastern
Burma, in addition to assistance for Burmese refugees
from funds appropriated by this Act under the heading
``Migration and Refugee Assistance'': Provided, That
such funds may be available for programs to support the
return of Kachin, Karen, Rohingya, Shan, and other
refugees and internally displaced persons to their
locations of origin or preference in Burma only if such
returns are voluntary and consistent with international
law.
(C) Funds appropriated under title III of this Act
for assistance for Burma that are made available for
assistance for the Government of Burma to support the
implementation of Nationwide Ceasefire Agreement
conferences, committees, and other procedures may only
be made available if the Secretary of State reports to
the Committees on Appropriations that such conferences,
committees, and procedures are directed toward a
sustainable peace and the Government of Burma is
implementing its commitments under such Agreement.
(2) International security assistance.--None of the
funds appropriated by this Act under the headings
``International Military Education and Training'' and
``Foreign Military Financing Program'' may be made
available for assistance for Burma: Provided, That the
Department of State may continue consultations with the
armed forces of Burma only on human rights and disaster
response in a manner consistent with the prior fiscal
year, and following consultation with the appropriate
congressional committees.
(3) Limitations.--None of the funds appropriated
under title III of this Act for assistance for Burma
may be made available to any organization or entity
controlled by the armed forces of Burma, or to any
individual or organization that advocates violence
against ethnic or religious groups or individuals in
Burma, as determined by the Secretary of State for
programs administered by the Department of State and
USAID or the President of the National Endowment for
Democracy (NED) for programs administered by NED.
(4) Consultation.--Any new program or activity in
Burma initiated in fiscal year 2020 shall be subject to
prior consultation with the appropriate congressional
committees.
(b) Cambodia.--
(1) Assistance.--Of the funds appropriated under
title III of this Act, not less than $82,505,000 shall
be made available for assistance for Cambodia.
(2) Certification and exceptions.--
(A) Certification.--None of the funds
appropriated by this Act that are made
available for assistance for the Government of
Cambodia may be obligated or expended unless
the Secretary of State certifies and reports to
the Committees on Appropriations that such
Government is taking effective steps to--
(i) strengthen regional security and
stability, particularly regarding
territorial disputes in the South China
Sea and the enforcement of
international sanctions with respect to
North Korea;
(ii) assert its sovereignty against
interference by the People's Republic
of China, including by verifiably
maintaining the neutrality of Ream
Naval Base, other military
installations in Cambodia, and dual use
facilities such as the Dara Sakor
development project; and
(iii) respect the rights, freedoms,
and responsibilities enshrined in the
Constitution of the Kingdom of Cambodia
as enacted in 1993.
(B) Exceptions.--The certification required
by subparagraph (A) shall not apply to funds
appropriated by this Act and made available for
democracy, health, education, and environment
programs, programs to strengthen the
sovereignty of Cambodia, and programs to
educate and inform the people of Cambodia of
the influence efforts of the People's Republic
of China in Cambodia.
(3) Uses of funds.--Funds appropriated under title
III of this Act for assistance for Cambodia shall be
made available for--
(A) research and education programs
associated with the Khmer Rouge in Cambodia;
and
(B) programs in the Khmer language to
monitor, map, and publicize the efforts by the
People's Republic of China to expand its
influence in Cambodia, including in
Sihanoukville, Bavet, Poipet, Koh Kong, and
areas bordering Vietnam.
(c) Indo-Pacific Strategy and the Asia Reassurance Initiative
Act of 2018.--
(1) Assistance.--Of the funds appropriated under
titles III and IV of this Act, not less than
$1,482,000,000 shall be made available to support the
implementation of the Indo-Pacific Strategy and the
Asia Reassurance Initiative Act of 2018 (Public Law
115-409).
(2) Countering chinese influence fund.--Of the funds
appropriated by this Act under the headings
``Development Assistance'', ``Economic Support Fund'',
``International Narcotics Control and Law
Enforcement'', ``Nonproliferation, Anti-terrorism,
Demining and Related Programs'', and ``Foreign Military
Financing Program'', not less than $300,000,000 shall
be made available for a Countering Chinese Influence
Fund to counter the influence of the People's Republic
of China globally, which shall be subject to prior
consultation with the Committees on Appropriations:
Provided, That such funds are in addition to amounts
otherwise made available for such purposes: Provided
further, That such funds appropriated under such
headings may be transferred to, and merged with, funds
appropriated under such headings: Provided further,
That such transfer authority is in addition to any
other transfer authority provided by this Act or any
other Act, and is subject to the regular notification
procedures of the Committees on Appropriations.
(3) Restriction on uses of funds.--None of the funds
appropriated by this Act and prior Acts making
appropriations for the Department of State, foreign
operations, and related programs may be made available
for any project or activity that directly supports or
promotes--
(A) the Belt and Road Initiative or any dual-
use infrastructure projects of the People's
Republic of China; and
(B) the use of technology, including
biotechnology, digital, telecommunications, and
cyber, developed by the People's Republic of
China unless the Secretary of State, in
consultation with the USAID Administrator and
the Chief Executive Officer of the United
States International Development Finance
Corporation, as appropriate, determines that
such use does not adversely impact the national
security of the United States.
(d) Laos.--Of the funds appropriated under title III of this
Act, not less than $34,280,000 shall be made available for
assistance for Laos.
(e) North Korea.--
(1) Cybersecurity.--None of the funds appropriated by
this Act or prior Acts making appropriations for the
Department of State, foreign operations, and related
programs may be made available for assistance for the
central government of a country the Secretary of State
determines and reports to the appropriate congressional
committees engages in significant transactions
contributing materially to the malicious cyber-
intrusion capabilities of the Government of North
Korea: Provided, That the Secretary of State shall
submit the report required by section 209 of the North
Korea Sanctions and Policy Enhancement Act of 2016
(Public Law 114-122; 22 U.S.C. 9229) to the Committees
on Appropriations: Provided further, That the
Secretary of State may waive the application of the
restriction in this paragraph with respect to
assistance for the central government of a country if
the Secretary determines and reports to the appropriate
congressional committees that to do so is important to
the national security interest of the United States,
including a description of such interest served.
(2) Broadcasts.--Funds appropriated by this Act under
the heading ``International Broadcasting Operations''
shall be made available to maintain broadcasting hours
into North Korea at levels not less than the prior
fiscal year.
(3) Human rights promotion and limitation on use of
funds.--(A) Funds appropriated by this Act under the
headings ``Economic Support Fund'' and ``Democracy
Fund'' shall be made available for the promotion of
human rights in North Korea: Provided, That the
authority of section 7032(b)(1) of this Act shall apply
to such funds.
(B) None of the funds made available by this Act
under the heading ``Economic Support Fund'' may be made
available for assistance for the Government of North
Korea.
(f) People's Republic of China.--
(1) Limitation on use of funds.--None of the funds
appropriated under the heading ``Diplomatic Programs''
in this Act may be obligated or expended for processing
licenses for the export of satellites of United States
origin (including commercial satellites and satellite
components) to the People's Republic of China (PRC)
unless, at least 15 days in advance, the Committees on
Appropriations are notified of such proposed action.
(2) People's liberation army.--The terms and
requirements of section 620(h) of the Foreign
Assistance Act of 1961 shall apply to foreign
assistance projects or activities of the People's
Liberation Army (PLA) of the PRC, to include such
projects or activities by any entity that is owned or
controlled by, or an affiliate of, the PLA: Provided,
That none of the funds appropriated or otherwise made
available pursuant to this Act may be used to finance
any grant, contract, or cooperative agreement with the
PLA, or any entity that the Secretary of State has
reason to believe is owned or controlled by, or an
affiliate of, the PLA.
(3) United states-china friendship volunteer
program.--Not later than 90 days after enactment of
this Act and following consultation with the heads of
other relevant Federal agencies, the Director of the
Peace Corps shall submit a report to the appropriate
congressional committees on the United States-China
Friendship Volunteer Program, including a description
of program coordination, implementation, and oversight,
and the goals and objectives served: Provided, That
the Director shall also consult with the Committees on
Appropriations on such report.
(4) Hong kong.--
(A) Democracy programs.--Of the funds
appropriated by this Act under the heading
``Democracy Fund'' for the Human Rights and
Democracy Fund of the Bureau of Democracy,
Human Rights, and Labor, Department of State,
not less than $1,500,000 shall be made
available for democracy programs for Hong Kong,
including legal and other support for democracy
activists.
(B) Report.--Funds appropriated under title I
of this Act shall be made available to prepare
and submit to Congress the report required by
section 301 of the United States-Hong Kong
Policy Act of 1992 (22 U.S.C. 5731), which
shall also include a description of--
(i) efforts by the Hong Kong
authorities and the Government of the
People's Republic of China to prevent
free assembly and communications by the
people of Hong Kong;
(ii) the technical surveillance
equipment and methods used by the Hong
Kong authorities and the Government of
the People's Republic of China to
monitor the movement and communications
of the Hong Kong population;
(iii) the application of social and
political control tools developed by
the Government of the People's Republic
of China and used by such Government
and the Hong Kong authorities in Hong
Kong;
(iv) the disinformation and political
influence campaigns conducted by the
Government of the People's Republic of
China in Hong Kong and overseas with
respect to the situation in Hong Kong;
and
(v) the mission and activities of the
People's Armed Police, the People's
Liberation Army, the Ministries of
Public Security and State Security in
Beijing, the Government of the People's
Republic of China, and other Chinese
security forces in Hong Kong, including
their respective roles in human rights
abuses against the people of Hong Kong.
(g) Philippines.--None of the funds appropriated by this Act
under the heading ``International Narcotics Control and Law
Enforcement'' may be made available for counternarcotics
assistance for the Philippines, except for drug demand
reduction, maritime law enforcement, or transnational
interdiction.
(h) Tibet.--
(1) Financing of projects in tibet.--The Secretary of
the Treasury should instruct the United States
executive director of each international financial
institution to use the voice and vote of the United
States to support financing of projects in Tibet if
such projects do not provide incentives for the
migration and settlement of non-Tibetans into Tibet or
facilitate the transfer of ownership of Tibetan land
and natural resources to non-Tibetans, are based on a
thorough needs-assessment, foster self-sufficiency of
the Tibetan people and respect Tibetan culture and
traditions, and are subject to effective monitoring.
(2) Programs for tibetan communities.--(A)
Notwithstanding any other provision of law, of the
funds appropriated by this Act under the heading
``Economic Support Fund'', not less than $8,000,000
shall be made available to nongovernmental
organizations to support activities which preserve
cultural traditions and promote sustainable
development, education, and environmental conservation
in Tibetan communities in the Tibet Autonomous Region
and in other Tibetan communities in China.
(B) Of the funds appropriated by this Act under the
heading ``Economic Support Fund'', not less than
$6,000,000 shall be made available for programs to
promote and preserve Tibetan culture and language in
the refugee and diaspora Tibetan communities,
development, and the resilience of Tibetan communities
and the Central Tibetan Administration in India and
Nepal, and to assist in the education and development
of the next generation of Tibetan leaders from such
communities: Provided, That such funds are in addition
to amounts made available in subparagraph (A) for
programs inside Tibet.
(C) Of the funds appropriated by this Act under the
heading ``Economic Support Fund'', not less than
$3,000,000 shall be made available for programs to
strengthen the capacity of the Central Tibetan
Administration: Provided, That such funds shall be
administered by the United States Agency for
International Development.
(i) Vietnam.--Of the funds appropriated under titles III and
IV of this Act, not less than $159,634,000 shall be made
available for assistance for Vietnam, of which not less than--
(1) $13,000,000 shall be made available for health
and disability programs in areas sprayed with Agent
Orange and contaminated with dioxin, to assist
individuals with severe upper or lower body mobility
impairment or cognitive or developmental disabilities;
(2) $20,000,000 shall be made available,
notwithstanding any other provision of law, for
activities related to the remediation of dioxin
contaminated sites in Vietnam and may be made available
for assistance for the Government of Vietnam, including
the military, for such purposes; and
(3) $1,500,000 shall be made available for a war
legacy reconciliation program.
south and central asia
Sec. 7044. (a) Afghanistan.--
(1) Funding and limitations.--Funds appropriated by
this Act under the headings ``Economic Support Fund''
and ``International Narcotics Control and Law
Enforcement'' that are made available for assistance
for Afghanistan--
(A) shall be made available to implement the
South Asia Strategy, the Revised Strategy for
United States Engagement in Afghanistan, and
the United States Agency for International
Development Country Development Cooperation
Strategy for Afghanistan;
(B) shall be made available to continue
support for institutions of higher education in
Kabul, Afghanistan that are accessible to both
women and men in a coeducational environment,
including for the costs for operations and
security for such institutions;
(C) shall be made available for programs that
protect and strengthen the rights of Afghan
women and girls and promote the political and
economic empowerment of women including their
meaningful inclusion in political processes:
Provided, That such assistance to promote the
economic empowerment of women shall be made
available as grants to Afghan organizations, to
the maximum extent practicable; and
(D) may not be made available for any
program, project, or activity pursuant to
section 7044(a)(1)(C) of the Department of
State, Foreign Operations, and Related Programs
Appropriations Act, 2019 (division F of Public
Law 116-6).
(2) Afghan women.--
(A) In general.--The Secretary of State shall
promote the meaningful participation of Afghan
women in ongoing peace and reconciliation
processes in Afghanistan in a manner consistent
with the Women, Peace, and Security Act of 2017
(Public Law 115-68), including advocacy for the
inclusion of Afghan women leaders in ongoing
and future dialogue and negotiations and
efforts to ensure that any peace agreement
reached with the Taliban protects the rights of
women and girls and ensures their freedom of
movement, rights to education and work, and
access to healthcare and legal representation.
(B) Assistance.--Funds appropriated by this
Act and prior Acts making appropriations for
the Department of State, foreign operations,
and related programs under the heading
``Economic Support Fund'' shall be made
available for an endowment pursuant to
paragraph (3)(A)(iv) of this subsection for an
institution of higher education in Kabul,
Afghanistan that is accessible to both women
and men in a coeducational environment:
Provided, That such endowment shall be
established in partnership with a United
States-based American higher education
institution that will serve on its board of
trustees: Provided further, That prior to the
obligation of funds for such an endowment, the
Administrator of the United States Agency for
International Development shall submit a report
to the Committees on Appropriations describing
the governance structure, including a proposed
board of trustees, and financial safeguards,
including regular audit and reporting
requirements, in any endowment agreement:
Provided further, That the USAID Administrator
shall provide a report on the expenditure of
funds generated from such an endowment to the
Committees on Appropriations on an annual
basis.
(3) Authorities.--
(A) Funds appropriated by this Act under
titles III through VI that are made available
for assistance for Afghanistan may be made
available--
(i) notwithstanding section 7012 of
this Act or any similar provision of
law and section 660 of the Foreign
Assistance Act of 1961;
(ii) for reconciliation programs and
disarmament, demobilization, and
reintegration activities for former
combatants who have renounced violence
against the Government of Afghanistan,
including in accordance with section
7046(a)(2)(B)(ii) of the Department of
State, Foreign Operations, and Related
Programs Appropriations Act, 2012
(division I of Public Law 112-74);
(iii) for an endowment to empower
women and girls; and
(iv) for an endowment for higher
education.
(B) Section 7046(a)(2)(A) of the Department
of State, Foreign Operations, and Related
Programs Appropriations Act, 2012 (division I
of Public Law 112-74) shall apply to funds
appropriated by this Act for assistance for
Afghanistan.
(C) Of the funds appropriated by this Act
under the heading ``Diplomatic Programs'', up
to $3,000,000 may be transferred to any other
appropriation of any department or agency of
the United States Government, upon the
concurrence of the head of such department or
agency, to support operations in, and
assistance for, Afghanistan and to carry out
the provisions of the Foreign Assistance Act of
1961: Provided, That any such transfer shall
be subject to the regular notification
procedures of the Committees on Appropriations.
(4) Agreement and certification.--Funds appropriated
by this Act shall be made available for the following
purposes--
(A) the submission to the appropriate
congressional committees by the President of a
copy of any agreement or arrangement between
the Government of the United States and the
Taliban relating to the United States presence
in Afghanistan or Taliban commitments on the
future of Afghanistan, which shall be submitted
not later than 30 days after finalizing such an
agreement or arrangement; and
(B) the submission to the appropriate
congressional committees of a joint
certification by the Secretary of State and
Secretary of Defense that such agreement or
arrangement will further the objective of
setting conditions for the long-term defeat of
al Qaeda and Islamic State and will not make
the United States more vulnerable to terrorist
attacks originating from Afghanistan or
supported by terrorist elements in Afghanistan.
(5) Basing rights agreement.--None of the funds made
available by this Act may be used by the United States
Government to enter into a permanent basing rights
agreement between the United States and Afghanistan.
(b) Bangladesh.--Of the funds appropriated under titles III
and IV of this Act, not less than $198,323,000 shall be made
available for assistance for Bangladesh, of which--
(1) not less than $23,500,000 shall be made available
to address the needs of communities impacted by
refugees from Burma;
(2) not less than $10,000,000 shall be made available
for programs to protect freedom of expression and due
process of law; and
(3) not less than $23,300,000 shall be made available
for democracy programs, of which not less than
$2,000,000 shall be made available for such programs
for the Rohingya community in Bangladesh.
(c) Nepal.--
(1) Assistance.--Of the funds appropriated under
titles III and IV of this Act, not less than
$130,265,000 shall be made available for assistance for
Nepal, including for earthquake recovery and
reconstruction programs and democracy programs.
(2) Foreign military financing program.--Funds
appropriated by this Act under the heading ``Foreign
Military Financing Program'' shall only be made
available for humanitarian and disaster relief and
reconstruction activities in Nepal, and in support of
international peacekeeping operations: Provided, That
such funds may only be made available for any
additional uses if the Secretary of State certifies and
reports to the Committees on Appropriations that the
Government of Nepal is investigating and prosecuting
violations of human rights and the laws of war, and the
Nepal Army is cooperating fully with civilian judicial
authorities in such cases.
(d) Pakistan.--
(1) Terms and conditions.--The terms and conditions
of section 7044(c) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act,
2019 (division F of Public Law 116-6) shall continue in
effect during fiscal year 2020.
(2) Assistance.--Of the funds appropriated under
title III of this Act that are made available for
assistance for Pakistan, not less than $15,000,000
shall be made available for democracy programs and not
less than $10,000,000 shall be made available for
gender programs.
(e) Sri Lanka.--
(1) Assistance.--Funds appropriated under title III
of this Act shall be made available for assistance for
Sri Lanka for democracy and economic development
programs, particularly in areas recovering from ethnic
and religious conflict: Provided, That such funds
shall be made available for programs to assist in the
identification and resolution of cases of missing
persons.
(2) Certification.--Funds appropriated by this Act
for assistance for the central Government of Sri Lanka,
except for funds made available for humanitarian
assistance, victims of trauma, and technical assistance
to promote fiscal transparency and sovereignty, may be
made available only if the Secretary of State certifies
and reports to the Committees on Appropriations that
such Government is taking effective and consistent
steps to--
(A) respect and uphold the rights and
freedoms of the people of Sri Lanka regardless
of ethnicity and religious belief, including by
investigating violations of human rights and
holding perpetrators of such violations
accountable;
(B) assert its sovereignty against
interference by the People's Republic of China;
and
(C) promote reconciliation between ethnic and
religious groups arising from past conflict in
Sri Lanka, including by addressing land
confiscation and ownership issues, resolving
cases of missing persons, and reducing the
presence of the armed forces in former conflict
zones.
(3) International security assistance.--Of the funds
appropriated by this Act under the heading ``Foreign
Military Financing Program'', not to exceed $500,000
may be made available for assistance for Sri Lanka:
Provided, That such funds may be made available only
for programs to support humanitarian and disaster
response preparedness and maritime security, including
professionalization and training for the navy and coast
guard: Provided further, That funds made available
under the heading ``Peacekeeping Operations'' may only
be made available subject to the regular notification
procedures of the Committees on Appropriations.
(f) Regional Programs.--Funds appropriated by this Act shall
be made available for assistance for Afghanistan, Pakistan, and
other countries in South and Central Asia to significantly
increase the recruitment, training, and retention of women in
the judiciary, police, and other security forces, and to train
judicial and security personnel in such countries to prevent
and address gender-based violence, human trafficking, and other
practices that disproportionately harm women and girls.
latin america and the caribbean
Sec. 7045. (a) Central America.--
(1) Assistance.--
(A) Fiscal year 2020.--Of the funds
appropriated by this Act under titles III and
IV, not less than $519,885,000 should be made
available for assistance for Belize, Costa
Rica, El Salvador, Guatemala, Honduras,
Nicaragua, and Panama, including through the
Central America Regional Security Initiative:
Provided, That such assistance shall be
prioritized for programs and activities that
addresses the key factors that contribute to
the migration of unaccompanied, undocumented
minors to the United States and such funds
shall be made available for global health,
humanitarian, development, democracy, border
security, and law enforcement programs for such
countries, including for programs to reduce
violence against women and girls and to combat
corruption, and for support of commissions
against corruption and impunity, as
appropriate: Provided further, That not less
than $45,000,000 shall be for support of
offices of Attorneys General and of other
entities and activities to combat corruption
and impunity in such countries.
(B) Fiscal year 2019.--Of the funds
appropriated under titles III and IV of the
Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2019
(division F of Public Law 116-6), not less than
$527,600,000 should be made available for
assistance for Belize, Costa Rica, El Salvador,
Guatemala, Honduras, Nicaragua, and Panama,
including through the Central America Regional
Security Initiative: Provided, That such funds
shall be made available subject to the
conditions in paragraph (2) of this subsection
and notwithstanding paragraphs (1) and (2) of
section 7045(a) of the Department of State,
Foreign Operations, and Related Programs
Appropriations Act, 2019 (division F of Public
Law 116-6).
(2) Northern triangle.--
(A) Limitation on assistance to certain
central governments.--Of the funds made
available pursuant to paragraph (1) under the
heading ``Economic Support Fund'' and under
title IV of this Act that are made available
for assistance for each of the central
governments of El Salvador, Guatemala, and
Honduras, 50 percent may only be obligated
after the Secretary of State certifies and
reports to the appropriate congressional
committees that such government is--
(i) combating corruption and
impunity, including prosecuting corrupt
government officials;
(ii) implementing reforms, policies,
and programs to increase transparency
and strengthen public institutions;
(iii) protecting the rights of civil
society, opposition political parties,
and the independence of the media;
(iv) providing effective and
accountable law enforcement and
security for its citizens, and
upholding due process of law;
(v) implementing policies to reduce
poverty and promote equitable economic
growth and opportunity;
(vi) supporting the independence of
the judiciary and of electoral
institutions;
(vii) improving border security;
(viii) combating human smuggling and
trafficking and countering the
activities of criminal gangs, drug
traffickers, and transnational criminal
organizations; and
(ix) informing its citizens of the
dangers of the journey to the southwest
border of the United States.
(B) Reprogramming.--If the Secretary is
unable to make the certification required by
subparagraph (A) for one or more of the
governments, such assistance for such central
government shall be reprogrammed for assistance
for other countries in Latin America and the
Caribbean, notwithstanding the minimum funding
requirements of this subsection and of section
7019 of this Act: Provided, That any such
reprogramming shall be subject to the regular
notification procedures of the Committees on
Appropriations.
(C) Exceptions.--The limitation of
subparagraph (A) shall not apply to funds
appropriated by this Act that are made
available for--
(i) the Mission to Support the Fight
Against Corruption and Impunity in
Honduras, the International Commission
Against Impunity in El Salvador, and
support of offices of Attorneys General
and of other entities and activities
related to combating corruption and
impunity;
(ii) programs to combat gender-based
violence;
(iii) humanitarian assistance; and
(iv) food security programs.
(b) Colombia.--
(1) Assistance.--Of the funds appropriated by this
Act under titles III and IV, not less than $448,253,000
shall be made available for assistance for Colombia:
Provided, That such funds shall be made available for
the programs and activities described under this
section in the explanatory statement described in
section 4 (in the matter preceding division A of this
consolidated Act).
(2) Withholding of funds.--
(A) Counternarcotics.--Of the funds
appropriated by this Act under the heading
``International Narcotics Control and Law
Enforcement'' and made available for assistance
for Colombia, 20 percent may be obligated only
after the Secretary of State certifies and
reports to the Committees on Appropriations
that the Government of Colombia is continuing
to implement a national whole-of-government
counternarcotics strategy intended to reduce by
50 percent cocaine production and coca
cultivation levels in Colombia by 2023.
(B) Human rights.--Of the funds appropriated
by this Act under the heading ``Foreign
Military Financing Program'' and made available
for assistance for Colombia, 20 percent may be
obligated only after the Secretary of State
certifies and reports to the Committees on
Appropriations that--
(i) the Special Jurisdiction for
Peace and other judicial authorities
are taking effective steps to hold
accountable perpetrators of gross
violations of human rights in a manner
consistent with international law,
including for command responsibility,
and sentence them to deprivation of
liberty;
(ii) the Government of Colombia is
taking effective steps to prevent
attacks against human rights defenders
and other civil society activists,
trade unionists, and journalists, and
judicial authorities are prosecuting
those responsible for such attacks; and
(iii) senior military officers
responsible for ordering, committing,
and covering up cases of false
positives are being held accountable,
including removal from active duty if
found guilty through criminal or
disciplinary proceedings.
(3) Exceptions.--The limitations of paragraph (2)
shall not apply to funds made available for aviation
instruction and maintenance, and maritime and riverine
security programs.
(4) Authority.--Aircraft supported by funds
appropriated by this Act and prior Acts making
appropriations for the Department of State, foreign
operations, and related programs and made available for
assistance for Colombia may be used to transport
personnel and supplies involved in drug eradication and
interdiction, including security for such activities,
and to provide transport in support of alternative
development programs and investigations by civilian
judicial authorities.
(5) Limitation.--None of the funds appropriated by
this Act or prior Acts making appropriations for the
Department of State, foreign operations, and related
programs that are made available for assistance for
Colombia may be made available for payment of
reparations to conflict victims or compensation to
demobilized combatants associated with a peace
agreement between the Government of Colombia and
illegal armed groups.
(c) Haiti.--
(1) Certification.--Funds appropriated by this Act
under the heading ``Economic Support Fund'' that are
made available for assistance for Haiti may not be made
available for assistance for the central Government of
Haiti unless the Secretary of State certifies and
reports to the Committees on Appropriations that such
government is taking effective steps, which are steps
taken since the certification and report submitted
during the prior year, if applicable, to--
(A) strengthen the rule of law in Haiti,
including by--
(i) selecting judges in a transparent
manner based on merit;
(ii) reducing pre-trial detention;
(iii) respecting the independence of
the judiciary; and
(iv) improving governance by
implementing reforms to increase
transparency and accountability,
including through the penal and
criminal codes;
(B) combat corruption, including by
implementing the anti-corruption law enacted in
2014 and prosecuting corrupt officials;
(C) increase government revenues, including
by implementing tax reforms, and increasing
expenditures on public services; and
(D) resolve commercial disputes between
United States entities and the Government of
Haiti.
(2) Haitian coast guard.--The Government of Haiti
shall be eligible to purchase defense articles and
services under the Arms Export Control Act (22 U.S.C.
2751 et seq.) for the Coast Guard.
(3) Limitation.--None of the funds made available by
this Act may be used to provide assistance to the armed
forces of Haiti.
(d) The Caribbean.--Of the funds appropriated by this Act
under titles III and IV, not less than $60,000,000 shall be
made available for the Caribbean Basin Security Initiative.
(e) Venezuela.--
(1) Of the funds appropriated by this Act under the
heading ``Economic Support Fund'', not less than
$30,000,000 shall be made available for democracy
programs for Venezuela.
(2) Funds appropriated under title III of this Act
and prior Acts making appropriations for the Department
of State, foreign operations, and related programs
shall be made available for assistance for communities
in countries supporting or otherwise impacted by
refugees from Venezuela, including Colombia, Peru,
Ecuador, Curacao, and Trinidad and Tobago: Provided,
That such amounts are in addition to funds otherwise
made available for assistance for such countries,
subject to prior consultation with, and the regular
notification procedures of, the Committees on
Appropriations.
europe and eurasia
Sec. 7046. (a) Assistance.--
(1) Georgia.--Of the funds appropriated by this Act
under titles III and IV, not less than $132,025,000
shall be made available for assistance for Georgia.
(2) Ukraine.--Of the funds appropriated by this Act
under titles III and IV, not less than $448,000,000
shall be made available for assistance for Ukraine.
(b) Limitation.--None of the funds appropriated by this Act
may be made available for assistance for a government of an
Independent State of the former Soviet Union if such government
directs any action in violation of the territorial integrity or
national sovereignty of any other Independent State of the
former Soviet Union, such as those violations included in the
Helsinki Final Act: Provided, That except as otherwise
provided in section 7047(a) of this Act, funds may be made
available without regard to the restriction in this subsection
if the President determines that to do so is in the national
security interest of the United States: Provided further, That
prior to executing the authority contained in the previous
proviso, the Secretary of State shall consult with the
Committees on Appropriations on how such assistance supports
the national security interest of the United States.
(c) Section 907 of the Freedom Support Act.--Section 907 of
the FREEDOM Support Act (22 U.S.C. 5812 note) shall not apply
to--
(1) activities to support democracy or assistance
under title V of the FREEDOM Support Act (22 U.S.C.
5851 et seq.) and section 1424 of the Defense Against
Weapons of Mass Destruction Act of 1996 (50 U.S.C.
2333) or non-proliferation assistance;
(2) any assistance provided by the Trade and
Development Agency under section 661 of the Foreign
Assistance Act of 1961;
(3) any activity carried out by a member of the
United States and Foreign Commercial Service while
acting within his or her official capacity;
(4) any insurance, reinsurance, guarantee, or other
assistance provided by the United States International
Development Finance Corporation as authorized by the
BUILD Act of 2018 (division F of Public Law 115-254);
(5) any financing provided under the Export-Import
Bank Act of 1945 (Public Law 79-173); or
(6) humanitarian assistance.
(d) Turkey.--None of the funds made available by this Act may
be used to facilitate or support the sale of defense articles
or defense services to the Turkish Presidential Protection
Directorate (TPPD) under Chapter 2 of the Arms Export Control
Act (22 U.S.C. 2761 et seq.) unless the Secretary of State
determines and reports to the appropriate congressional
committees that members of the TPPD that are named in the July
17, 2017, indictment by the Superior Court of the District of
Columbia, and against whom there are pending charges, have
returned to the United States to stand trial in connection with
the offenses contained in such indictment or have otherwise
been brought to justice: Provided, That the limitation in this
paragraph shall not apply to the use of funds made available by
this Act for border security purposes, for North Atlantic
Treaty Organization or coalition operations, or to enhance the
protection of United States officials and facilities in Turkey.
countering russian influence and aggression
Sec. 7047. (a) Limitation.--None of the funds appropriated by
this Act may be made available for assistance for the central
Government of the Russian Federation.
(b) Annexation of Crimea.--
(1) Prohibition.--None of the funds appropriated by
this Act may be made available for assistance for the
central government of a country that the Secretary of
State determines and reports to the Committees on
Appropriations has taken affirmative steps intended to
support or be supportive of the Russian Federation
annexation of Crimea or other territory in Ukraine:
Provided, That except as otherwise provided in
subsection (a), the Secretary may waive the restriction
on assistance required by this paragraph if the
Secretary determines and reports to such Committees
that to do so is in the national interest of the United
States, and includes a justification for such interest.
(2) Limitation.--None of the funds appropriated by
this Act may be made available for--
(A) the implementation of any action or
policy that recognizes the sovereignty of the
Russian Federation over Crimea or other
territory in Ukraine;
(B) the facilitation, financing, or guarantee
of United States Government investments in
Crimea or other territory in Ukraine under the
control of Russian-backed separatists, if such
activity includes the participation of Russian
Government officials, or other Russian owned or
controlled financial entities; or
(C) assistance for Crimea or other territory
in Ukraine under the control of Russian-backed
separatists, if such assistance includes the
participation of Russian Government officials,
or other Russian owned or controlled financial
entities.
(3) International financial institutions.--The
Secretary of the Treasury shall instruct the United
States executive directors of each international
financial institution to use the voice and vote of the
United States to oppose any assistance by such
institution (including any loan, credit, or guarantee)
for any program that violates the sovereignty or
territorial integrity of Ukraine.
(4) Duration.--The requirements and limitations of
this subsection shall cease to be in effect if the
Secretary of State determines and reports to the
Committees on Appropriations that the Government of
Ukraine has reestablished sovereignty over Crimea and
other territory in Ukraine under the control of
Russian-backed separatists.
(c) Occupation of the Georgian Territories of Abkhazia and
Tskhinvali Region/South Ossetia.--
(1) Prohibition.--None of the funds appropriated by
this Act may be made available for assistance for the
central government of a country that the Secretary of
State determines and reports to the Committees on
Appropriations has recognized the independence of, or
has established diplomatic relations with, the Russian
Federation occupied Georgian territories of Abkhazia
and Tskhinvali Region/South Ossetia: Provided, That
the Secretary shall publish on the Department of State
website a list of any such central governments in a
timely manner: Provided further, That the Secretary
may waive the restriction on assistance required by
this paragraph if the Secretary determines and reports
to the Committees on Appropriations that to do so is in
the national interest of the United States, and
includes a justification for such interest.
(2) Limitation.--None of the funds appropriated by
this Act may be made available to support the Russian
Federation occupation of the Georgian territories of
Abkhazia and Tskhinvali Region/South Ossetia.
(3) International financial institutions.--The
Secretary of the Treasury shall instruct the United
States executive directors of each international
financial institution to use the voice and vote of the
United States to oppose any assistance by such
institution (including any loan, credit, or guarantee)
for any program that violates the sovereignty and
territorial integrity of Georgia.
(d) Countering Russian Influence Fund.--
(1) Assistance.--Of the funds appropriated by this
Act under the headings ``Assistance for Europe, Eurasia
and Central Asia'', ``International Narcotics Control
and Law Enforcement'', ``International Military
Education and Training'', and ``Foreign Military
Financing Program'', not less than $290,000,000 shall
be made available to carry out the purposes of the
Countering Russian Influence Fund, as authorized by
section 254 of the Countering Russian Influence in
Europe and Eurasia Act of 2017 (Public Law 115-44; 22
U.S.C. 9543) and notwithstanding the country limitation
in subsection (b) of such section, and programs to
enhance the capacity of law enforcement and security
forces in countries in Europe, Eurasia, and Central
Asia and strengthen security cooperation between such
countries and the United States and the North Atlantic
Treaty Organization, as appropriate.
(2) Economics and trade.--Funds appropriated by this
Act and made available for assistance for the Eastern
Partnership countries shall be made available to
advance the implementation of Association Agreements
and trade agreements with the European Union, and to
reduce their vulnerability to external economic and
political pressure from the Russian Federation.
(e) Democracy Programs.--Funds appropriated by this Act shall
be made available to support democracy programs in the Russian
Federation and other countries in Europe, Eurasia, and Central
Asia, including to promote Internet freedom: Provided, That
not later than 90 days after enactment of this Act, the
Secretary of State, in consultation with the Administrator of
the United States Agency for International Development, shall
submit to the appropriate congressional committees a
comprehensive, multiyear strategy for the promotion of
democracy in such countries.
united nations
Sec. 7048. (a) Transparency and Accountability.--
(1) Withholding of funds.--Of the funds appropriated
under the heading ``Contributions to International
Organizations'' in title I and ``International
Organizations and Programs'' in title V of this Act
that are available for contributions to the United
Nations (including the Department of Peacekeeping
Operations), any United Nations agency, or the
Organization of American States, 15 percent may not be
obligated for such organization, department, or agency
until the Secretary of State determines and reports to
the Committees on Appropriations that the organization,
department, or agency is--
(A) posting on a publicly available website,
consistent with privacy regulations and due
process, regular financial and programmatic
audits of such organization, department, or
agency, and providing the United States
Government with necessary access to such
financial and performance audits;
(B) effectively implementing and enforcing
policies and procedures which meet or exceed
best practices in the United States for the
protection of whistleblowers from retaliation,
including--
(i) protection against retaliation
for internal and lawful public
disclosures;
(ii) legal burdens of proof;
(iii) statutes of limitation for
reporting retaliation;
(iv) access to binding independent
adjudicative bodies, including shared
cost and selection external
arbitration; and
(v) results that eliminate the
effects of proven retaliation,
including provision for the restoration
of prior employment; and
(C) effectively implementing and enforcing
policies and procedures on the appropriate use
of travel funds, including restrictions on
first class and business class travel.
(2) Waiver.--The restrictions imposed by or pursuant
to paragraph (1) may be waived on a case- by-case basis
if the Secretary of State determines and reports to the
Committees on Appropriations that such waiver is
necessary to avert or respond to a humanitarian crisis.
(b) Restrictions on United Nations Delegations and
Organizations.--
(1) Restrictions on united states delegations.--None
of the funds made available by this Act may be used to
pay expenses for any United States delegation to any
specialized agency, body, or commission of the United
Nations if such agency, body, or commission is chaired
or presided over by a country, the government of which
the Secretary of State has determined, for purposes of
section 1754(c) of the Export Reform Control Act of
2018 (50 U.S.C. 4813(c)), supports international
terrorism.
(2) Restrictions on contributions.--None of the funds
made available by this Act may be used by the Secretary
of State as a contribution to any organization, agency,
commission, or program within the United Nations system
if such organization, agency, commission, or program is
chaired or presided over by a country the government of
which the Secretary of State has determined, for
purposes of section 620A of the Foreign Assistance Act
of 1961, section 40 of the Arms Export Control Act,
section 1754(c) of the Export Reform Control Act of
2018 (50 U.S.C. 4813(c)), or any other provision of
law, is a government that has repeatedly provided
support for acts of international terrorism.
(3) Waiver.--The Secretary of State may waive the
restriction in this subsection if the Secretary
determines and reports to the Committees on
Appropriations that to do so is important to the
national interest of the United States, including a
description of the national interest served.
(c) United Nations Human Rights Council.--None of the funds
appropriated by this Act may be made available in support of
the United Nations Human Rights Council unless the Secretary of
State determines and reports to the Committees on
Appropriations that participation in the Council is important
to the national interest of the United States and that such
Council is taking significant steps to remove Israel as a
permanent agenda item and ensure integrity in the election of
members to such Council: Provided, That such report shall
include a description of the national interest served and the
steps taken to remove Israel as a permanent agenda item and
ensure integrity in the election of members to such Council:
Provided further, That the Secretary of State shall report to
the Committees on Appropriations not later than September 30,
2020, on the resolutions considered in the United Nations Human
Rights Council during the previous 12 months, and on steps
taken to remove Israel as a permanent agenda item and ensure
integrity in the election of members to such Council.
(d) United Nations Relief and Works Agency.--Prior to the
initial obligation of funds for the United Nations Relief and
Works Agency (UNRWA), the Secretary of State shall report to
the Committees on Appropriations, in writing, on whether UNRWA
is--
(1) utilizing Operations Support Officers in the West
Bank, Gaza, and other fields of operation to inspect
UNRWA installations and reporting any inappropriate
use;
(2) acting promptly to address any staff or
beneficiary violation of its own policies (including
the policies on neutrality and impartiality of
employees) and the legal requirements under section
301(c) of the Foreign Assistance Act of 1961;
(3) implementing procedures to maintain the
neutrality of its facilities, including implementing a
no-weapons policy, and conducting regular inspections
of its installations, to ensure they are only used for
humanitarian or other appropriate purposes;
(4) taking necessary and appropriate measures to
ensure it is operating in compliance with the
conditions of section 301(c) of the Foreign Assistance
Act of 1961 and continuing regular reporting to the
Department of State on actions it has taken to ensure
conformance with such conditions;
(5) taking steps to ensure the content of all
educational materials currently taught in UNRWA-
administered schools and summer camps is consistent
with the values of human rights, dignity, and tolerance
and does not induce incitement;
(6) not engaging in operations with financial
institutions or related entities in violation of
relevant United States law, and is taking steps to
improve the financial transparency of the organization;
and
(7) in compliance with the United Nations Board of
Auditors' biennial audit requirements and is
implementing in a timely fashion the Board's
recommendations.
(e) Prohibition of Payments to United Nations Members.--None
of the funds appropriated or made available pursuant to titles
III through VI of this Act for carrying out the Foreign
Assistance Act of 1961, may be used to pay in whole or in part
any assessments, arrearages, or dues of any member of the
United Nations or, from funds appropriated by this Act to carry
out chapter 1 of part I of the Foreign Assistance Act of 1961,
the costs for participation of another country's delegation at
international conferences held under the auspices of
multilateral or international organizations.
(f) Report.--Not later than 45 days after enactment of this
Act, the Secretary of State shall submit a report to the
Committees on Appropriations detailing the amount of funds
available for obligation or expenditure in fiscal year 2020 for
contributions to any organization, department, agency, or
program within the United Nations system or any international
program that are withheld from obligation or expenditure due to
any provision of law: Provided, That the Secretary shall
update such report each time additional funds are withheld by
operation of any provision of law: Provided further, That the
reprogramming of any withheld funds identified in such report,
including updates thereof, shall be subject to prior
consultation with, and the regular notification procedures of,
the Committees on Appropriations.
(g) Sexual Exploitation and Abuse in Peacekeeping
Operations.--The Secretary of State should withhold assistance
to any unit of the security forces of a foreign country if the
Secretary has credible information that such unit has engaged
in sexual exploitation or abuse, including while serving in a
United Nations peacekeeping operation, until the Secretary
determines that the government of such country is taking
effective steps to hold the responsible members of such unit
accountable and to prevent future incidents: Provided, That
the Secretary shall promptly notify the government of each
country subject to any withholding of assistance pursuant to
this paragraph, and shall notify the appropriate congressional
committees of such withholding not later than 10 days after a
determination to withhold such assistance is made: Provided
further, That the Secretary shall, to the maximum extent
practicable, assist such government in bringing the responsible
members of such unit to justice.
(h) Additional Availability.--Subject to the regular
notification procedures of the Committees on Appropriations,
funds appropriated by this Act which are returned or not made
available due to the implementation of subsection (a), the
third proviso under the heading ``Contributions for
International Peacekeeping Activities'' in title I of this Act,
or section 307(a) of the Foreign Assistance Act of 1961 (22
U.S.C. 2227(a)), shall remain available for obligation until
September 30, 2021: Provided, That the requirement to withhold
funds for programs in Burma under section 307(a) of the Foreign
Assistance Act of 1961 shall not apply to funds appropriated by
this Act.
(i) National Security Interest Withholding.--
(1) Withholding.--The Secretary of State shall
withhold 5 percent of the funds appropriated by this
Act under the heading ``Contributions to International
Organizations'' for a specialized agency or other
entity of the United Nations if the Secretary, in
consultation with the United States Ambassador to the
United Nations, determines and reports to the
Committees on Appropriations that such agency or entity
has taken an official action that is against the
national security interest of the United States or an
ally of the United States, including Israel.
(2) Release of funds.--The Secretary of State, in
consultation with the United States Ambassador to the
United Nations, may release funds withheld pursuant to
paragraph (1) if the Secretary determines and reports
to the Committees on Appropriations that such agency or
entity is taking steps to address the action that
resulted in the withholding of such funds.
(3) Reprogramming.--Should the Secretary of State be
unable to make a determination pursuant to paragraph
(2) regarding the release of withheld funds, such funds
may be reprogrammed for other purposes under the
heading ``Contributions to International
Organizations''.
(4) Waiver.--The Secretary of State, following
consultation with the Committees on Appropriations, may
waive the requirements of this subsection if the
Secretary determines that to do so in the national
interest.
war crimes tribunals
Sec. 7049. (a) If the President determines that doing so will
contribute to a just resolution of charges regarding genocide
or other violations of international humanitarian law, the
President may direct a drawdown pursuant to section 552(c) of
the Foreign Assistance Act of 1961 of up to $30,000,000 of
commodities and services for the United Nations War Crimes
Tribunal established with regard to the former Yugoslavia by
the United Nations Security Council or such other tribunals or
commissions as the Council may establish or authorize to deal
with such violations, without regard to the ceiling limitation
contained in paragraph (2) thereof: Provided, That the
determination required under this section shall be in lieu of
any determinations otherwise required under section 552(c):
Provided further, That funds made available pursuant to this
section shall be made available subject to the regular
notification procedures of the Committees on Appropriations.
(b) None of the funds appropriated by this Act may be made
available for a United States contribution to the International
Criminal Court: Provided, That funds may be made available for
technical assistance, training, assistance for victims,
protection of witnesses, and law enforcement support related to
international investigations, apprehensions, prosecutions, and
adjudications of genocide, crimes against humanity, and war
crimes: Provided further, That the previous proviso shall not
apply to investigations, apprehensions, or prosecutions of
American service members and other United States citizens or
nationals, or nationals of the North Atlantic Treaty
Organization (NATO) or major non-NATO allies initially
designated pursuant to section 517(b) of the Foreign Assistance
Act of 1961.
global internet freedom
Sec. 7050. (a) Funding.--Of the funds available for
obligation during fiscal year 2020 under the headings
``International Broadcasting Operations'', ``Economic Support
Fund'', ``Democracy Fund'', and ``Assistance for Europe,
Eurasia and Central Asia'', not less than $65,500,000 shall be
made available for programs to promote Internet freedom
globally: Provided, That such programs shall be prioritized
for countries whose governments restrict freedom of expression
on the Internet, and that are important to the national
interest of the United States: Provided further, That funds
made available pursuant to this section shall be matched, to
the maximum extent practicable, by sources other than the
United States Government, including from the private sector.
(b) Requirements.--
(1) Department of state and united states agency for
international development.--Funds appropriated by this
Act under the headings ``Economic Support Fund'',
``Democracy Fund'', and ``Assistance for Europe,
Eurasia and Central Asia'' that are made available
pursuant to subsection (a) shall be--
(A) coordinated with other democracy programs
funded by this Act under such headings, and
shall be incorporated into country assistance
and democracy promotion strategies, as
appropriate;
(B) for programs to implement the May 2011,
International Strategy for Cyberspace, the
Department of State International Cyberspace
Policy Strategy required by section 402 of the
Cybersecurity Act of 2015 (division N of Public
Law 114-113), and the comprehensive strategy to
promote Internet freedom and access to
information in Iran, as required by section 414
of the Iran Threat Reduction and Syria Human
Rights Act of 2012 (22 U.S.C. 8754);
(C) made available for programs that support
the efforts of civil society to counter the
development of repressive Internet-related laws
and regulations, including countering threats
to Internet freedom at international
organizations; to combat violence against
bloggers and other users; and to enhance
digital security training and capacity building
for democracy activists;
(D) made available for research of key
threats to Internet freedom; the continued
development of technologies that provide or
enhance access to the Internet, including
circumvention tools that bypass Internet
blocking, filtering, and other censorship
techniques used by authoritarian governments;
and maintenance of the technological advantage
of the United States Government over such
censorship techniques: Provided, That the
Secretary of State, in consultation with the
Chief Executive Officer (CEO) of the United
States Agency for Global Media (USAGM), shall
coordinate any such research and development
programs with other relevant United States
Government departments and agencies in order to
share information, technologies, and best
practices, and to assess the effectiveness of
such technologies; and
(E) made available only after the Assistant
Secretary for Democracy, Human Rights, and
Labor, Department of State, concurs that such
funds are allocated consistent with--
(i) the strategies referenced in
subparagraph (B) of this paragraph;
(ii) best practices regarding
security for, and oversight of,
Internet freedom programs; and
(iii) sufficient resources and
support for the development and
maintenance of anti-censorship
technology and tools.
(2) United states agency for global media.--Funds
appropriated by this Act under the heading
``International Broadcasting Operations'' that are made
available pursuant to subsection (a) shall be--
(A) made available only for tools and
techniques to securely develop and distribute
USAGM digital content, facilitate audience
access to such content on websites that are
censored, coordinate the distribution of USAGM
digital content to targeted regional audiences,
and to promote and distribute such tools and
techniques, including digital security
techniques;
(B) coordinated with programs funded by this
Act under the heading ``International
Broadcasting Operations'', and shall be
incorporated into country broadcasting
strategies, as appropriate;
(C) coordinated by the USAGM CEO to provide
Internet circumvention tools and techniques for
audiences in countries that are strategic
priorities for the USAGM and in a manner
consistent with the USAGM Internet freedom
strategy; and
(D) made available for the research and
development of new tools or techniques
authorized in subparagraph (A) only after the
USAGM CEO, in consultation with the Secretary
of State and other relevant United States
Government departments and agencies, evaluates
the risks and benefits of such new tools or
techniques, and establishes safeguards to
minimize the use of such new tools or
techniques for illicit purposes.
(c) Coordination and Spend Plans.--After consultation among
the relevant agency heads to coordinate and de-conflict planned
activities, but not later than 90 days after enactment of this
Act, the Secretary of State and the USAGM CEO shall submit to
the Committees on Appropriations spend plans for funds made
available by this Act for programs to promote Internet freedom
globally, which shall include a description of safeguards
established by relevant agencies to ensure that such programs
are not used for illicit purposes: Provided, That the
Department of State spend plan shall include funding for all
such programs for all relevant Department of State and the
United States Agency for International Development offices and
bureaus.
(d) Security Audits.--Funds made available pursuant to this
section to promote Internet freedom globally may only be made
available to support technologies that undergo comprehensive
security audits conducted by the Bureau of Democracy, Human
Rights, and Labor, Department of State to ensure that such
technology is secure and has not been compromised in a manner
detrimental to the interest of the United States or to
individuals and organizations benefiting from programs
supported by such funds: Provided, That the security auditing
procedures used by such Bureau shall be reviewed and updated
periodically to reflect current industry security standards.
(e) Surge.--Of the funds appropriated by this Act under the
heading ``Economic Support Fund'', up to $2,500,000 may be made
available to surge Internet freedom programs in closed
societies if the Secretary of State determines and reports to
the appropriate congressional committees that such use of funds
is in the national interest: Provided, That such funds are in
addition to amounts made available for such purposes: Provided
further, That such funds may be transferred to, and merged
with, funds appropriated by this Act under the heading
``International Broadcasting Operations'' following
consultation with, and the regular notification procedures of,
the Committees on Appropriations.
torture and other cruel, inhuman, or degrading treatment or punishment
Sec. 7051. (a) Limitation.--None of the funds made available
by this Act may be used to support or justify the use of
torture and other cruel, inhuman, or degrading treatment or
punishment by any official or contract employee of the United
States Government.
(b) Assistance.--Funds appropriated under titles III and IV
of this Act shall be made available, notwithstanding section
660 of the Foreign Assistance Act of 1961 and following
consultation with the Committees on Appropriations, for
assistance to eliminate torture and other cruel, inhuman, or
degrading treatment or punishment by foreign police, military
or other security forces in countries receiving assistance from
funds appropriated by this Act.
aircraft transfer, coordination, and use
Sec. 7052. (a) Transfer Authority.--Notwithstanding any other
provision of law or regulation, aircraft procured with funds
appropriated by this Act and prior Acts making appropriations
for the Department of State, foreign operations, and related
programs under the headings ``Diplomatic Programs'',
``International Narcotics Control and Law Enforcement'',
``Andean Counterdrug Initiative'', and ``Andean Counterdrug
Programs'' may be used for any other program and in any region.
(b) Property Disposal.--The authority provided in subsection
(a) shall apply only after the Secretary of State determines
and reports to the Committees on Appropriations that the
equipment is no longer required to meet programmatic purposes
in the designated country or region: Provided, That any such
transfer shall be subject to prior consultation with, and the
regular notification procedures of, the Committees on
Appropriations.
(c) Aircraft Coordination.--
(1) Authority.--The uses of aircraft purchased or
leased by the Department of State and the United States
Agency for International Development with funds made
available in this Act or prior Acts making
appropriations for the Department of State, foreign
operations, and related programs shall be coordinated
under the authority of the appropriate Chief of
Mission: Provided, That notwithstanding section
7063(b) of this Act, such aircraft may be used to
transport, on a reimbursable or non-reimbursable basis,
Federal and non-Federal personnel supporting Department
of State and USAID programs and activities: Provided
further, That official travel for other agencies for
other purposes may be supported on a reimbursable
basis, or without reimbursement when traveling on a
space available basis: Provided further, That funds
received by the Department of State in connection with
the use of aircraft owned, leased, or chartered by the
Department of State may be credited to the Working
Capital Fund of the Department and shall be available
for expenses related to the purchase, lease,
maintenance, chartering, or operation of such aircraft.
(2) Scope.--The requirement and authorities of this
subsection shall only apply to aircraft, the primary
purpose of which is the transportation of personnel.
(d) Aircraft Operations and Maintenance.--To the maximum
extent practicable, the costs of operations and maintenance,
including fuel, of aircraft funded by this Act shall be borne
by the recipient country.
parking fines and real property taxes owed by foreign governments
Sec. 7053. The terms and conditions of section 7055 of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2010 (division F of Public Law 111-117)
shall apply to this Act: Provided, That the date ``September
30, 2009'' in subsection (f)(2)(B) of such section shall be
deemed to be ``September 30, 2019''.
international monetary fund
Sec. 7054. (a) Extensions.--The terms and conditions of
sections 7086(b) (1) and (2) and 7090(a) of the Department of
State, Foreign Operations, and Related Programs Appropriations
Act, 2010 (division F of Public Law 111-117) shall apply to
this Act.
(b) Repayment.--The Secretary of the Treasury shall instruct
the United States Executive Director of the International
Monetary Fund (IMF) to seek to ensure that any loan will be
repaid to the IMF before other private or multilateral
creditors.
extradition
Sec. 7055. (a) Limitation.--None of the funds appropriated in
this Act may be used to provide assistance (other than funds
provided under the headings ``International Disaster
Assistance'', ``Complex Crises Fund'', ``International
Narcotics Control and Law Enforcement'', ``Migration and
Refugee Assistance'', ``United States Emergency Refugee and
Migration Assistance Fund'', and ``Nonproliferation, Anti-
terrorism, Demining and Related Assistance'') for the central
government of a country which has notified the Department of
State of its refusal to extradite to the United States any
individual indicted for a criminal offense for which the
maximum penalty is life imprisonment without the possibility of
parole or for killing a law enforcement officer, as specified
in a United States extradition request.
(b) Clarification.--Subsection (a) shall only apply to the
central government of a country with which the United States
maintains diplomatic relations and with which the United States
has an extradition treaty and the government of that country is
in violation of the terms and conditions of the treaty.
(c) Waiver.--The Secretary of State may waive the restriction
in subsection (a) on a case-by-case basis if the Secretary
certifies to the Committees on Appropriations that such waiver
is important to the national interest of the United States.
impact on jobs in the united states
Sec. 7056. None of the funds appropriated or otherwise made
available under titles III through VI of this Act may be
obligated or expended to provide--
(1) any financial incentive to a business enterprise
currently located in the United States for the purpose
of inducing such an enterprise to relocate outside the
United States if such incentive or inducement is likely
to reduce the number of employees of such business
enterprise in the United States because United States
production is being replaced by such enterprise outside
the United States;
(2) assistance for any program, project, or activity
that contributes to the violation of internationally
recognized workers' rights, as defined in section
507(4) of the Trade Act of 1974, of workers in the
recipient country, including any designated zone or
area in that country: Provided, That the application
of section 507(4)(D) and (E) of such Act (19 U.S.C.
2467(4)(D) and (E)) should be commensurate with the
level of development of the recipient country and
sector, and shall not preclude assistance for the
informal sector in such country, micro and small-scale
enterprise, and smallholder agriculture;
(3) any assistance to an entity outside the United
States if such assistance is for the purpose of
directly relocating or transferring jobs from the
United States to other countries and adversely impacts
the labor force in the United States; or
(4) for the enforcement of any rule, regulation,
policy, or guidelines implemented pursuant to the
Supplemental Guidelines for High Carbon Intensity
Projects approved by the Export-Import Bank of the
United States on December 12, 2013, when enforcement of
such rule, regulation, policy, or guidelines would
prohibit, or have the effect of prohibiting, any coal-
fired or other power-generation project the purpose of
which is to--
(A) provide affordable electricity in
International Development Association (IDA)-
eligible countries and IDA-blend countries; and
(B) increase exports of goods and services
from the United States or prevent the loss of
jobs from the United States.
united nations population fund
Sec. 7057. (a) Contribution.--Of the funds made available
under the heading ``International Organizations and Programs''
in this Act for fiscal year 2020, $32,500,000 shall be made
available for the United Nations Population Fund (UNFPA).
(b) Availability of Funds.--Funds appropriated by this Act
for UNFPA, that are not made available for UNFPA because of the
operation of any provision of law, shall be transferred to the
``Global Health Programs'' account and shall be made available
for family planning, maternal, and reproductive health
activities, subject to the regular notification procedures of
the Committees on Appropriations.
(c) Prohibition on Use of Funds in China.--None of the funds
made available by this Act may be used by UNFPA for a country
program in the People's Republic of China.
(d) Conditions on Availability of Funds.--Funds made
available by this Act for UNFPA may not be made available
unless--
(1) UNFPA maintains funds made available by this Act
in an account separate from other accounts of UNFPA and
does not commingle such funds with other sums; and
(2) UNFPA does not fund abortions.
(e) Report to Congress and Dollar-for-dollar Withholding of
Funds.--
(1) Not later than 4 months after the date of
enactment of this Act, the Secretary of State shall
submit a report to the Committees on Appropriations
indicating the amount of funds that UNFPA is budgeting
for the year in which the report is submitted for a
country program in the People's Republic of China.
(2) If a report under paragraph (1) indicates that
UNFPA plans to spend funds for a country program in the
People's Republic of China in the year covered by the
report, then the amount of such funds UNFPA plans to
spend in the People's Republic of China shall be
deducted from the funds made available to UNFPA after
March 1 for obligation for the remainder of the fiscal
year in which the report is submitted.
global health activities
Sec. 7058. (a) In General.--Funds appropriated by titles III
and IV of this Act that are made available for bilateral
assistance for child survival activities or disease programs
including activities relating to research on, and the
prevention, treatment and control of, HIV/AIDS may be made
available notwithstanding any other provision of law except for
provisions under the heading ``Global Health Programs'' and the
United States Leadership Against HIV/AIDS, Tuberculosis, and
Malaria Act of 2003 (117 Stat. 711; 22 U.S.C. 7601 et seq.), as
amended: Provided, That of the funds appropriated under title
III of this Act, not less than $575,000,000 should be made
available for family planning/reproductive health, including in
areas where population growth threatens biodiversity or
endangered species.
(b) Infectious Disease Outbreaks.--
(1) Extraordinary measures.--If the Secretary of
State determines and reports to the Committees on
Appropriations that an international infectious disease
outbreak is sustained, severe, and is spreading
internationally, or that it is in the national interest
to respond to a Public Health Emergency of
International Concern, funds appropriated by this Act
under the headings ``Global Health Programs'',
``Development Assistance'', ``International Disaster
Assistance'', ``Complex Crises Fund'', ``Economic
Support Fund'', ``Democracy Fund'', ``Assistance for
Europe, Eurasia and Central Asia'', ``Migration and
Refugee Assistance'', and ``Millennium Challenge
Corporation'' may be made available to combat such
infectious disease or public health emergency, and may
be transferred to, and merged with, funds appropriated
under such headings for the purposes of this paragraph.
(2) Emergency reserve fund.--Up to $10,000,000 of the
funds made available under the heading ``Global Health
Programs'' may be made available for the Emergency
Reserve Fund established pursuant to section 7058(c)(1)
of the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2017 (division J
of Public Law 115-31): Provided, That such funds shall
be made available under the same terms and conditions
of such section.
(3) Ebola virus disease.--Funds appropriated by this
Act and prior Acts making appropriations for the
Department of State, foreign operations, and related
programs under the heading ``International Disaster
Assistance'' that are made available to respond to the
Ebola virus disease outbreak in the Democratic Republic
of the Congo, including in countries affected by, or at
risk of being affected by, such outbreak, shall be the
responsibility of the Assistant Administrator for
Democracy, Conflict, and Humanitarian Assistance,
USAID, or successor official responsible for USAID
Ebola response.
(4) Consultation and notification.--Funds made
available by this subsection shall be subject to prior
consultation with the appropriate congressional
committees and the regular notification procedures of
the Committees on Appropriations.
gender equality
Sec. 7059. (a) Women's Empowerment.--
(1) Gender equality.--Funds appropriated by this Act
shall be made available to promote gender equality in
United States Government diplomatic and development
efforts by raising the status, increasing the
participation, and protecting the rights of women and
girls worldwide.
(2) Women's economic empowerment.--Funds appropriated
by this Act are available to implement the Women's
Entrepreneurship and Economic Empowerment Act of 2018
(Public Law 115-428): Provided, That the Secretary of
State and the Administrator of the United States Agency
for International Development, as appropriate, shall
consult with the Committees on Appropriations on the
implementation of such Act.
(3) Women's global development and prosperity fund.--
Of the funds appropriated under title III of this Act,
up to $100,000,000 may be made available for the
Women's Global Development and Prosperity Fund.
(b) Women's Leadership.--Of the funds appropriated by title
III of this Act, not less than $50,000,000 shall be made
available for programs specifically designed to increase
leadership opportunities for women in countries where women and
girls suffer discrimination due to law, policy, or practice, by
strengthening protections for women's political status,
expanding women's participation in political parties and
elections, and increasing women's opportunities for leadership
positions in the public and private sectors at the local,
provincial, and national levels.
(c) Gender-Based Violence.--
(1) Of the funds appropriated under titles III and IV
of this Act, not less than $165,000,000 shall be made
available to implement a multi-year strategy to prevent
and respond to gender-based violence in countries where
it is common in conflict and non-conflict settings.
(2) Funds appropriated under titles III and IV of
this Act that are available to train foreign police,
judicial, and military personnel, including for
international peacekeeping operations, shall address,
where appropriate, prevention and response to gender-
based violence and trafficking in persons, and shall
promote the integration of women into the police and
other security forces.
(d) Women, Peace, and Security.--Funds appropriated by this
Act under the headings ``Development Assistance'', ``Economic
Support Fund'', ``Assistance for Europe, Eurasia and Central
Asia'', and ``International Narcotics Control and Law
Enforcement'' should be made available to support a multi-year
strategy to expand, and improve coordination of, United States
Government efforts to empower women as equal partners in
conflict prevention, peace building, transitional processes,
and reconstruction efforts in countries affected by conflict or
in political transition, and to ensure the equitable provision
of relief and recovery assistance to women and girls.
(e) Women and Girls at Risk From Extremism and Conflict.--Of
the funds appropriated by this Act under the heading ``Economic
Support Fund'', not less than $15,000,000 shall be made
available to support women and girls who are at risk from
extremism and conflict, and for the activities described in
section 7059(e)(1) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2018
(division K of Public Law 115-141): Provided, That such funds
are in addition to amounts otherwise made available by this Act
for such purposes, and shall be made available following
consultation with, and the regular notification procedures of,
the Committees on Appropriations.
sector allocations
Sec. 7060. (a) Basic Education and Higher Education.--
(1) Basic education.--(A) Of the funds appropriated
under title III of this Act, not less than $875,000,000
shall be made available for assistance for basic
education, and such funds may be made available
notwithstanding any other provision of law that
restricts assistance to foreign countries: Provided,
That such funds shall also be used for secondary
education activities: Provided further, That the
Administrator of the United States Agency for
International Development, following consultation with
the Committees on Appropriations, may reprogram such
funds between countries: Provided further, That funds
made available under the headings ``Development
Assistance'' and ``Economic Support Fund'' for the
support of non-state schools in this Act and prior Acts
making appropriations for the Department of State,
foreign operations, and related programs shall be
subject to the regular notification procedures of the
Committees on Appropriations.
(B) Of the funds appropriated under title III
of this Act for assistance for basic education
programs, not less than $125,000,000 shall be
made available for contributions to
multilateral partnerships that support
education.
(2) Higher education.--Of the funds appropriated by
title III of this Act, not less than $235,000,000 shall
be made available for assistance for higher education:
Provided, That such funds may be made available
notwithstanding any other provision of law that
restricts assistance to foreign countries, and shall be
subject to the regular notification procedures of the
Committees on Appropriations: Provided further, That
of such amount, not less than $35,000,000 shall be made
available for new and ongoing partnerships between
higher education institutions in the United States and
developing countries focused on building the capacity
of higher education institutions and systems in
developing countries: Provided further, That not later
than 45 days after enactment of this Act, the USAID
Administrator shall consult with the Committees on
Appropriations on the proposed uses of funds for such
partnerships.
(b) Development Programs.--Of the funds appropriated by this
Act under the heading ``Development Assistance'', not less than
$17,000,000 shall be made available for cooperative development
programs of USAID and not less than $30,000,000 shall be made
available for the American Schools and Hospitals Abroad
program.
(c) Environment Programs.--
(1)(A) Funds appropriated by this Act to carry out
the provisions of sections 103 through 106, and chapter
4 of part II, of the Foreign Assistance Act of 1961 may
be used, notwithstanding any other provision of law,
except for the provisions of this subsection, to
support environment programs.
(B) Funds made available pursuant to this subsection
shall be subject to the regular notification procedures
of the Committees on Appropriations.
(2)(A) Of the funds appropriated under title III of
this Act, not less than $315,000,000 shall be made
available for biodiversity conservation programs.
(B) Not less than $100,664,000 of the funds
appropriated under titles III and IV of this Act shall
be made available to combat the transnational threat of
wildlife poaching and trafficking.
(C) None of the funds appropriated under title IV of
this Act may be made available for training or other
assistance for any military unit or personnel that the
Secretary of State determines has been credibly alleged
to have participated in wildlife poaching or
trafficking, unless the Secretary reports to the
appropriate congressional committees that to do so is
in the national security interest of the United States.
(D) Funds appropriated by this Act for biodiversity
programs shall not be used to support the expansion of
industrial scale logging or any other industrial scale
extractive activity into areas that were primary/intact
tropical forests as of December 30, 2013, and the
Secretary of the Treasury shall instruct the United
States executive directors of each international
financial institutions (IFI) to use the voice and vote
of the United States to oppose any financing of any
such activity.
(3) The Secretary of the Treasury shall instruct the
United States executive director of each IFI that it is
the policy of the United States to use the voice and
vote of the United States, in relation to any loan,
grant, strategy, or policy of such institution,
regarding the construction of any large dam consistent
with the criteria set forth in Senate Report 114-79,
while also considering whether the project involves
important foreign policy objectives.
(4) Of the funds appropriated under title III of this
Act, not less than $135,000,000 shall be made available
for sustainable landscapes programs.
(5) Of the funds appropriated under title III of this
Act, not less than $177,000,000 shall be made available
for adaptation programs.
(6) Of the funds appropriated under title III of this
Act, not less than $179,000,000 shall be made available
for renewable energy programs.
(d) Food Security and Agricultural Development.--Of the funds
appropriated by title III of this Act, not less than
$1,005,600,000 shall be made available for food security and
agricultural development programs to carry out the purposes of
the Global Food Security Act of 2016 (Public Law 114-195):
Provided, That funds may be made available for a contribution
as authorized by section 3202 of the Food, Conservation, and
Energy Act of 2008 (Public Law 110-246), as amended by section
3310 of the Agriculture Improvement Act of 2018 (Public Law
115-334).
(e) Micro, Small, and Medium-Sized Enterprises.--Of the funds
appropriated by this Act, not less than $265,000,000 shall be
made available to support the development of, and access to
financing for, micro, small, and medium-sized enterprises that
benefit the poor, especially women.
(f) Programs To Combat Trafficking in Persons.--Of the funds
appropriated by this Act under the headings ``Development
Assistance'', ``Economic Support Fund'', ``Assistance for
Europe, Eurasia and Central Asia'', and ``International
Narcotics Control and Law Enforcement'', not less than
$67,000,000 shall be made available for activities to combat
trafficking in persons internationally, of which not less than
$45,000,000 shall be from funds made available under the
heading ``International Narcotics Control and Law
Enforcement'': Provided, That funds appropriated by this Act
that are made available for programs to end modern slavery
shall be in addition to funds made available by this subsection
to combat trafficking in persons.
(g) Reconciliation Programs.--Of the funds appropriated by
this Act under the heading ``Development Assistance'', not less
than $30,000,000 shall be made available to support people-to-
people reconciliation programs which bring together individuals
of different ethnic, religious, and political backgrounds from
areas of civil strife and war, including between Israelis and
Palestinians living in the West Bank and Gaza: Provided, That
the USAID Administrator shall consult with the Committees on
Appropriations, prior to the initial obligation of funds, on
the uses of such funds, and such funds shall be subject to the
regular notification procedures of the Committees on
Appropriations: Provided further, That to the maximum extent
practicable, such funds shall be matched by sources other than
the United States Government: Provided further, That such
funds shall be administered by the Office of Conflict
Management and Mitigation, USAID.
(h) Water and Sanitation.--Of the funds appropriated by this
Act, not less than $450,000,000 shall be made available for
water supply and sanitation projects pursuant to section 136 of
the Foreign Assistance Act of 1961, of which not less than
$225,000,000 shall be for programs in sub-Saharan Africa, and
of which not less than $15,000,000 shall be made available to
support initiatives by local communities in developing
countries to build and maintain safe latrines.
budget documents
Sec. 7061. (a) Operating Plans.--Not later than 45 days after
enactment of this Act, each department, agency, or organization
funded in titles I, II, and VI of this Act, and the Department
of the Treasury and Independent Agencies funded in title III of
this Act, including the Inter-American Foundation and the
United States African Development Foundation, shall submit to
the Committees on Appropriations an operating plan for funds
appropriated to such department, agency, or organization in
such titles of this Act, or funds otherwise available for
obligation in fiscal year 2020, that provides details of the
uses of such funds at the program, project, and activity level:
Provided, That such plans shall include, as applicable, a
comparison between the congressional budget justification
funding levels, the most recent congressional directives or
approved funding levels, and the funding levels proposed by the
department or agency; and a clear, concise, and informative
description/justification: Provided further, That operating
plans that include changes in levels of funding for programs,
projects, and activities specified in the congressional budget
justification, in this Act, or amounts specifically designated
in the respective tables included in the explanatory statement
described in section 4 (in the matter preceding division A of
this consolidated Act), as applicable, shall be subject to the
notification and reprogramming requirements of section 7015 of
this Act.
(b) Spend Plans.--
(1) Not later than 90 days after enactment of this
Act, the Secretary of State or Administrator of the
United States Agency for International Development, as
appropriate, shall submit to the Committees on
Appropriations a spend plan for funds made available by
this Act, for--
(A) assistance for Afghanistan, Iraq,
Lebanon, Pakistan, Colombia, and countries in
Central America;
(B) assistance made available pursuant to
section 7047(d) of this Act to counter Russian
influence and aggression, except that such plan
shall be on a country-by-country basis;
(C) assistance made available pursuant to
section 7059 of this Act;
(D) the Indo-Pacific Strategy;
(E) democracy programs, Power Africa, and
sectors enumerated in subsections (a), (c),
(d), (e), (f), (g) and (h) of section 7060 of
this Act;
(F) funds provided under the heading
``International Narcotics Control and Law
Enforcement'' for International Organized Crime
and for Cybercrime and Intellectual Property
Rights: Provided, That the spend plans shall
include bilateral and global programs funded
under such heading along with a brief
description of the activities planned for each
country; and
(G) the regional security initiatives
described under this heading in Senate Report
116-126.
(2) Not later than 90 days after enactment of this
Act, the Secretary of the Treasury shall submit to the
Committees on Appropriations a detailed spend plan for
funds made available by this Act under the heading
``Department of the Treasury, International Affairs
Technical Assistance'' in title III.
(c) Spending Report.--Not later than 45 days after enactment
of this Act, the USAID Administrator shall submit to the
Committees on Appropriations a detailed report on spending of
funds made available during fiscal year 2019 under the heading
``Development Credit Authority''.
(d) Clarification.--The spend plans referenced in subsection
(b) shall not be considered as meeting the notification
requirements in this Act or under section 634A of the Foreign
Assistance Act of 1961.
(e) Congressional Budget Justification.--
(1) Submission.--The congressional budget
justification for Department of State operations and
foreign operations shall be provided to the Committees
on Appropriations concurrent with the date of
submission of the President's budget for fiscal year
2021: Provided, That the appendices for such
justification shall be provided to the Committees on
Appropriations not later than 10 calendar days
thereafter.
(2) Multi-year availability of certain funds.--The
Secretary of State and the USAID Administrator shall
include in the congressional budget justification a
detailed justification for multi-year availability for
any funds requested under the headings ``Diplomatic
Programs'' and ``Operating Expenses''.
reorganization
Sec. 7062. (a) Oversight.--
(1) Prior consultation and notification.--Funds
appropriated by this Act, prior Acts making
appropriations for the Department of State, foreign
operations, and related programs, or any other Act may
not be used to implement a reorganization, redesign, or
other plan described in paragraph (2) by the Department
of State, the United States Agency for International
Development, or any other Federal department, agency,
or organization funded by this Act without prior
consultation by the head of such department, agency, or
organization with the appropriate congressional
committees: Provided, That such funds shall be subject
to the regular notification procedures of the
Committees on Appropriations: Provided further, That
any such notification submitted to such Committees
shall include a detailed justification for any proposed
action, including the information specified under
section 7073 of the joint explanatory statement
accompanying the Department of State, Foreign
Operations, and Related Programs Appropriations Act,
2019 (division F of Public Law 116-6): Provided
further, That congressional notifications submitted in
prior fiscal years pursuant to similar provisions of
law in prior Acts making appropriations for the
Department of State, foreign operations, and related
programs may be deemed to meet the notification
requirements of this section.
(2) Description of activities.--Pursuant to paragraph
(1), a reorganization, redesign, or other plan shall
include any action to--
(A) expand, eliminate, consolidate, or
downsize covered departments, agencies, or
organizations, including bureaus and offices
within or between such departments, agencies,
or organizations, including the transfer to
other agencies of the authorities and
responsibilities of such bureaus and offices;
(B) expand, eliminate, consolidate, or
downsize the United States official presence
overseas, including at bilateral, regional, and
multilateral diplomatic facilities and other
platforms; or
(C) expand or reduce the size of the
permanent Civil Service, Foreign Service,
eligible family member, and locally employed
staff workforce of the Department of State and
USAID from the levels specified in sections
7063(d)(1) and 7064(i)(1) of this Act.
(b) Additional Requirements and Limitations.--
(1) USAID reorganization.--Not later than 30 days
after enactment of this Act, and quarterly thereafter
until September 30, 2021, the USAID Administrator shall
submit a report to the appropriate congressional
committees on the status of USAID's reorganization in
the manner described in House Report 116-78.
(2) Bureau of population, refugees, and migration,
department of state.--None of the funds appropriated by
this Act, prior Acts making appropriations for the
Department of State, foreign operations, and related
programs, or any other Act may be used to downsize,
downgrade, consolidate, close, move, or relocate the
Bureau of Population, Refugees, and Migration,
Department of State, or any activities of such Bureau,
to another Federal agency.
(3) Administration of funds.--Funds made available by
this Act--
(A) under the heading ``Migration and Refugee
Assistance'' shall be administered by the
Assistant Secretary for Population, Refugees,
and Migration, Department of State, and this
responsibility shall not be delegated; and
(B) that are made available for the Office of
Global Women's Issues shall be administered by
the United States Ambassador-at-Large for
Global Women's Issues, Department of State, and
this responsibility shall not be delegated.
department of state management
Sec. 7063. (a) Financial Systems Improvement.--Funds
appropriated by this Act for the operations of the Department
of State under the headings ``Diplomatic Programs'' and
``Capital Investment Fund'' shall be made available to
implement the recommendations contained in the Foreign
Assistance Data Review Findings Report (FADR) and the Office of
Inspector General (OIG) report entitled ``Department Financial
Systems Are Insufficient to Track and Report on Foreign
Assistance Funds'': Provided, That not later than 45 days
after enactment of this Act, the Secretary of State shall
submit to the Committees on Appropriations an update to the
plan required under section 7006 of the Department of State,
Foreign Operations, and Related Programs Appropriations Act,
2017 (division J of Public Law 115-31) for implementing the
FADR and OIG recommendations: Provided further, That such
funds may not be obligated for enhancements to, or expansions
of, the Budget System Modernization Financial System, Central
Resource Management System, Joint Financial Management System,
or Foreign Assistance Coordination and Tracking System until
such updated plan is submitted to the Committees on
Appropriations: Provided further, That such funds may not be
obligated for new, or expansion of existing, ad hoc electronic
systems to track commitments, obligations, or expenditures of
funds unless the Secretary of State, following consultation
with the Chief Information Officer of the Department of State,
has reviewed and certified that such new system or expansion is
consistent with the FADR and OIG recommendations.
(b) Working Capital Fund.--Funds appropriated by this Act or
otherwise made available to the Department of State for
payments to the Working Capital Fund may only be used for the
service centers included in the Congressional Budget
Justification, Department of State, Foreign Operations, and
Related Programs, Fiscal Year 2020: Provided, That the amounts
for such service centers shall be the amounts included in such
budget justification, except as provided in section 7015(b) of
this Act: Provided further, That Federal agency components
shall be charged only for their direct usage of each Working
Capital Fund service: Provided further, That prior to
increasing the percentage charged to Department of State
bureaus and offices for procurement-related activities, the
Secretary of State shall include the proposed increase in the
Department of State budget justification or, at least 60 days
prior to the increase, provide the Committees on Appropriations
a justification for such increase, including a detailed
assessment of the cost and benefit of the services provided by
the procurement fee: Provided further, That Federal agency
components may only pay for Working Capital Fund services that
are consistent with the purpose and authorities of such
components: Provided further, That the Working Capital Fund
shall be paid in advance or reimbursed at rates which will
return the full cost of each service.
(c) Certification.--
(1) Compliance.--Not later than 45 days after the
initial obligation of funds appropriated under titles
III and IV of this Act that are made available to a
Department of State bureau or office with
responsibility for the management and oversight of such
funds, the Secretary of State shall certify and report
to the Committees on Appropriations, on an individual
bureau or office basis, that such bureau or office is
in compliance with Department and Federal financial and
grants management policies, procedures, and
regulations, as applicable.
(2) Considerations.--When making a certification
required by paragraph (1), the Secretary of State shall
consider the capacity of a bureau or office to--
(A) account for the obligated funds at the
country and program level, as appropriate;
(B) identify risks and develop mitigation and
monitoring plans;
(C) establish performance measures and
indicators;
(D) review activities and performance; and
(E) assess final results and reconcile
finances.
(3) Plan.--If the Secretary of State is unable to
make a certification required by paragraph (1), the
Secretary shall submit a plan and timeline detailing
the steps to be taken to bring such bureau or office
into compliance.
(d) Personnel Levels.--
(1) Funds made available by this Act are made
available to support the permanent Foreign Service and
Civil Service staff levels of the Department of State
at not less than the hiring targets established in the
fiscal year 2019 operating plan.
(2) Not later than 60 days after enactment of this
Act, and every 60 days thereafter until September 30,
2021, the Secretary of State shall report to the
appropriate congressional committees on the on-board
personnel levels, hiring, and attrition of the Civil
Service, Foreign Service, eligible family member, and
locally employed staff workforce of the Department of
State, on an operating unit-by-operating unit basis:
Provided, That such report shall also include a hiring
plan, including timelines, for maintaining the agency-
wide, on-board Foreign Service and Civil Service at not
less than the levels specified in paragraph (1).
(e) Information Technology Platform.--
(1) None of the funds appropriated in title I of this
Act under the heading ``Administration of Foreign
Affairs'' may be made available for a new major
information technology (IT) investment without the
concurrence of the Chief Information Officer,
Department of State.
(2) None of the funds made available by this Act and
prior Acts making appropriations for the Department of
State, foreign operations, and related programs may be
used by an agency to submit a project proposal to the
Technology Modernization Board for funding from the
Technology Modernization Fund unless, not later than 15
days in advance of submitting the project proposal to
the Board, the head of the agency--
(A) notifies the Committees on Appropriations
of the proposed submission of the project
proposal; and
(B) submits to the Committees on
Appropriations a copy of the project proposal.
(3) None of the funds made available by this Act and
prior Acts making appropriations for the Department of
State, foreign operations, and related programs may be
used by an agency to carry out a project that is
approved by the Board unless the head of the agency--
(A) submits to the Committees on
Appropriations a copy of the approved project
proposal, including the terms of reimbursement
of funding received for the project; and
(B) agrees to submit to the Committees on
Appropriations a copy of each report relating
to the project that the head of the agency
submits to the Board.
united states agency for international development management
Sec. 7064. (a) Authority.--Up to $100,000,000 of the funds
made available in title III of this Act pursuant to or to carry
out the provisions of part I of the Foreign Assistance Act of
1961, including funds appropriated under the heading
``Assistance for Europe, Eurasia and Central Asia'', may be
used by the United States Agency for International Development
to hire and employ individuals in the United States and
overseas on a limited appointment basis pursuant to the
authority of sections 308 and 309 of the Foreign Service Act of
1980 (22 U.S.C. 3948 and 3949).
(b) Restriction.--The authority to hire individuals contained
in subsection (a) shall expire on September 30, 2021.
(c) Program Account Charged.--The account charged for the
cost of an individual hired and employed under the authority of
this section shall be the account to which the responsibilities
of such individual primarily relate: Provided, That funds made
available to carry out this section may be transferred to, and
merged with, funds appropriated by this Act in title II under
the heading ``Operating Expenses''.
(d) Foreign Service Limited Extensions.--Individuals hired
and employed by USAID, with funds made available in this Act or
prior Acts making appropriations for the Department of State,
foreign operations, and related programs, pursuant to the
authority of section 309 of the Foreign Service Act of 1980 (22
U.S.C. 3949), may be extended for a period of up to 4 years
notwithstanding the limitation set forth in such section.
(e) Disaster Surge Capacity.--Funds appropriated under title
III of this Act to carry out part I of the Foreign Assistance
Act of 1961, including funds appropriated under the heading
``Assistance for Europe, Eurasia and Central Asia'', may be
used, in addition to funds otherwise available for such
purposes, for the cost (including the support costs) of
individuals detailed to or employed by USAID whose primary
responsibility is to carry out programs in response to natural
disasters, or man-made disasters subject to the regular
notification procedures of the Committees on Appropriations.
(f) Personal Services Contractors.--Funds appropriated by
this Act to carry out chapter 1 of part I, chapter 4 of part
II, and section 667 of the Foreign Assistance Act of 1961, and
title II of the Food for Peace Act (Public Law 83-480; 7 U.S.C.
1721 et seq.), may be used by USAID to employ up to 40 personal
services contractors in the United States, notwithstanding any
other provision of law, for the purpose of providing direct,
interim support for new or expanded overseas programs and
activities managed by the agency until permanent direct hire
personnel are hired and trained: Provided, That not more than
15 of such contractors shall be assigned to any bureau or
office: Provided further, That such funds appropriated to
carry out title II of the Food for Peace Act (Public Law 83-
480; 7 U.S.C. 1721 et seq.), may be made available only for
personal services contractors assigned to the Office of Food
for Peace.
(g) Small Business.--In entering into multiple award
indefinite-quantity contracts with funds appropriated by this
Act, USAID may provide an exception to the fair opportunity
process for placing task orders under such contracts when the
order is placed with any category of small or small
disadvantaged business.
(h) Senior Foreign Service Limited Appointments.--Individuals
hired pursuant to the authority provided by section 7059(o) of
the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2010 (division F of Public Law
111-117) may be assigned to or support programs in Afghanistan
or Pakistan with funds made available in this Act and prior
Acts making appropriations for the Department of State, foreign
operations, and related programs.
(i) Personnel Levels.--
(1) Funds made available by this Act under the
heading ``Operating Expenses'' are made available to
support 1,850 permanent Foreign Service Officers and
1,600 permanent Civil Service staff.
(2) Not later than 60 days after enactment of this
Act, and every 60 days thereafter until September 30,
2021, the USAID Administrator shall report to the
appropriate congressional committees on the on-board
personnel levels, hiring, and attrition of the Civil
Service, Foreign Service, and foreign service national
workforce of USAID, on an operating unit-by-operating
unit basis: Provided, That such report shall also
include a hiring plan, including timelines, for
maintaining the agency-wide, on-board Foreign Service
Officers and Civil Service staff at not less than the
levels specified in paragraph (1).
stabilization and development in regions impacted by extremism and
conflict
Sec. 7065. (a) Relief and Recovery Fund.--
(1) Funds and transfer authority.--Of the funds
appropriated by this Act under the headings ``Economic
Support Fund'', ``International Narcotics Control and
Law Enforcement'', ``Nonproliferation, Anti-terrorism,
Demining and Related Programs'', ``Peacekeeping
Operations'', and ``Foreign Military Financing
Program'', not less than $200,000,000 shall be made
available for the Relief and Recovery Fund for
assistance for areas liberated or at risk from, or
under the control of, the Islamic State of Iraq and
Syria, other terrorist organizations, or violent
extremist organizations, including for stabilization
assistance for vulnerable ethnic and religious minority
communities affected by conflict: Provided, That
unless specifically designated in this Act or in the
explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act)
for assistance for countries, such funds are in
addition to amounts otherwise made available for such
purposes: Provided further, That such funds
appropriated under such headings may be transferred to,
and merged with, funds appropriated under such
headings: Provided further, That such transfer
authority is in addition to any other transfer
authority provided by this Act or any other Act, and is
subject to the regular notification procedures of the
Committees on Appropriations.
(2) Transitional justice.--Of the funds appropriated
by this Act under the headings ``Economic Support
Fund'' and ``International Narcotics Control and Law
Enforcement'' that are made available for the Relief
and Recovery Fund, not less than $10,000,000 shall be
made available for programs to promote accountability
for genocide, crimes against humanity, and war crimes,
including in Iraq and Syria, which shall be in addition
to any other funds made available by this Act for such
purposes: Provided, That such programs shall include
components to develop local investigative and judicial
skills, and to collect and preserve evidence and
maintain the chain of custody of evidence, including
for use in prosecutions, and may include the
establishment of, and assistance for, transitional
justice mechanisms: Provided further, That such funds
shall be administered by the Special Coordinator for
the Office of Global Criminal Justice, Department of
State: Provided further, That funds made available by
this paragraph shall be made available on an open and
competitive basis.
(b) Countering Violent Extremism in Asia.--Of the funds
appropriated by this Act under the heading ``Economic Support
Fund'', not less than $2,500,000 shall be made available for
programs to counter violent extremism in Asia, including within
the Buddhist community: Provided, That such funds are in
addition to funds otherwise made available by this Act for such
purposes.
(c) Global Community Engagement and Resilience Fund.--Of the
funds appropriated by this Act and prior Acts making
appropriations for the Department of State, foreign operations,
and related programs under the heading ``Economic Support
Fund'', $5,000,000 shall be made available to the Global
Community Engagement and Resilience Fund (GCERF), including as
a contribution: Provided, That any such funds made available
for the GCERF shall be made available on a cost-matching basis
from sources other than the United States Government, to the
maximum extent practicable, and shall be subject to the regular
notification procedures of the Committees on Appropriations.
(d) Global Concessional Financing Facility.--Of the funds
appropriated by this Act under the heading ``Economic Support
Fund'', $25,000,000 shall be made available for the Global
Concessional Financing Facility of the World Bank to provide
financing to support refugees and host communities: Provided,
That such funds shall be in addition to funds allocated for
bilateral assistance in the report required by section 653(a)
of the Foreign Assistance Act of 1961, and may only be made
available subject to prior to consultation with the Committees
on Appropriations.
disability programs
Sec. 7066. (a) Assistance.--Funds appropriated by this Act
under the heading ``Development Assistance'' shall be made
available for programs and activities administered by the
United States Agency for International Development to address
the needs and protect and promote the rights of people with
disabilities in developing countries, including initiatives
that focus on independent living, economic self-sufficiency,
advocacy, education, employment, transportation, sports, and
integration of individuals with disabilities, including for the
cost of translation.
(b) Management, Oversight, and Technical Support.--Of the
funds made available pursuant to this section, 5 percent may be
used by USAID for management, oversight, and technical support.
debt-for-development
Sec. 7067. In order to enhance the continued participation
of nongovernmental organizations in debt-for-development and
debt-for-nature exchanges, a nongovernmental organization which
is a grantee or contractor of the United States Agency for
International Development may place in interest bearing
accounts local currencies which accrue to that organization as
a result of economic assistance provided under title III of
this Act and, subject to the regular notification procedures of
the Committees on Appropriations, any interest earned on such
investment shall be used for the purpose for which the
assistance was provided to that organization.
enterprise funds
Sec. 7068. (a) Notification.--None of the funds made
available under titles III through VI of this Act may be made
available for Enterprise Funds unless the appropriate
congressional committees are notified at least 15 days in
advance.
(b) Distribution of Assets Plan.--Prior to the distribution
of any assets resulting from any liquidation, dissolution, or
winding up of an Enterprise Fund, in whole or in part, the
President shall submit to the appropriate congressional
committees a plan for the distribution of the assets of the
Enterprise Fund.
(c) Transition or Operating Plan.--Prior to a transition to
and operation of any private equity fund or other parallel
investment fund under an existing Enterprise Fund, the
President shall submit such transition or operating plan to the
appropriate congressional committees.
rescissions
(including rescissions of funds)
Sec. 7069. (a) Economic Support Fund.--
(1) Of the unobligated balances available under the
Economic Support Fund, identified by Treasury
Appropriation Fund Symbol 72 X 1037, $32,000,000 are
rescinded.
(2) Of the unobligated and unexpended balances
available to the President for bilateral economic
assistance under the heading ``Economic Support Fund''
from prior Acts making appropriations for the
Department of State, foreign operations, and related
programs, $200,000,000 shall be deobligated, as
appropriate, and shall be rescinded.
(3) For the purposes of this subsection, no amounts
may be rescinded from amounts that were designated by
Congress as an emergency requirement or for Overseas
Contingency Operations/Global War on Terrorism pursuant
to a concurrent resolution on the budget or the
Balanced Budget and Emergency Deficit Control Act of
1985.
(b) Embassy Security, Construction, and Maintenance.--Of the
unobligated balances from amounts available under the heading
``Embassy Security, Construction, and Maintenance'' in title II
of the Security Assistance Appropriations Act, 2017 (division B
of Public Law 114-254), $242,462,000 are rescinded: Provided,
That such funds that were previously designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985 are designated by the
Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of such Act.
(c) Complex Crises Fund.--Of the unobligated balances from
amounts made available under title VIII in prior Acts making
appropriations for the Department of State, foreign operations,
and related programs under the heading ``Complex Crises Fund'',
$40,000,000 are rescinded: Provided, That such funds that were
previously designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985 are designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of such Act.
(d) Export-Import Bank of the United States.--Of the
unobligated balances available under the heading ``Export and
Investment Assistance, Export-Import Bank of the United States,
Subsidy Appropriation'' for tied-aid grants from prior Acts
making appropriations for the Department of State, foreign
operations, and related programs, $64,282,000 are rescinded.
This division may be cited as the ``Department of State,
Foreign Operations, and Related Programs Appropriations Act,
2020''.
[Clerk's note.--Reproduced below is the material relating
to division G contained in the Explanatory Statement regarding
H.R. 1865, the Further 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 H11426 of
Book III.
---------------------------------------------------------------------------
DIVISION G--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED
PROGRAMS APPROPRIATIONS ACT, 2020
In implementing this agreement, Federal departments,
agencies, commissions, and other entities are directed to
comply with the directives, reporting requirements, and
instructions contained in H. Rept. 116-78 (House report)
accompanying H.R. 2839 and incorporated by reference by section
7066 in division D of H.R. 2740 (House bill) and S. Rept. 116-
126 (Senate report) accompanying S. 2583 (Senate bill) as
though stated in this explanatory statement, unless
specifically directed to the contrary.
This explanatory statement, while repeating some House and
Senate report language for emphasis or clarification, does not
negate language in such reports unless expressly provided
herein. Language expressing an opinion or making an observation
in the House or Senate reports represents the view of the
respective committee unless specifically endorsed in this
explanatory statement. In cases in which the House and Senate
reports provide contradictory directives or instructions that
are not addressed in this explanatory statement, such
directives or instructions are negated.
Reports required to be submitted pursuant to the Act,
including reports required by this explanatory statement and
the House and Senate reports, may not be consolidated to
include responses to multiple requirements in a single report,
except following consultation with the Committees on
Appropriations.
In lieu of the tables and allocations of funding contained
in the House and Senate reports, the tables and allocations
contained in this explanatory statement shall guide
departments, agencies, commissions, and other entities when
allocating funds.
Section 7019 of the Act requires that amounts designated in
the respective tables included in this explanatory statement
for funds appropriated in titles III through V, including
tables in title VII, shall be made available at not less than
such designated amounts, unless otherwise provided for in the
Act, and shall be the basis of the report required by section
653(a) of the Foreign Assistance Act (FAA) of 1961, where
applicable. The Act provides that the amounts designated in the
tables shall be made available notwithstanding the date of the
transmission of such report. Section 7019 also includes limited
authority to deviate not more than 10 percent below such
designated amounts and continues language similar to prior
fiscal years including certain exceptions to the requirements
of the section.
Proposed deviations from tables in titles I and II in this
explanatory statement are subject to the regular notification
procedures of the Committees on Appropriations, unless an
exception or deviation authority is specifically provided
herein.
For purposes of this explanatory statement, the term
``prior Acts'' means prior Acts making appropriations for the
Department of State, foreign operations, and related programs.
In addition, ``division F of Public Law 116-6'', means the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2019.
For purposes of the Act and this explanatory statement, the
term ``regular notification procedures of the Committees on
Appropriations'' means such Committees are notified not less
than 15 days in advance of the obligation of funds. The
Secretary of State and United States Agency for International
Development (USAID) Administrator are directed to submit
notifications for the obligation of funds made available by the
Act and prior Acts not later than 90 days prior to the
expiration of such funds.
Congressional notifications submitted by the heads of the
relevant Federal agencies contained in the Act for funds that
are being reallocated prior to initial obligation,
reprogrammed, or reobligated after deobligation, shall, to the
maximum extent practicable, contain detailed information about
the sources of the funds and why such funds are no longer
needed or intended to be used as previously justified.
For purposes of the Act and this explanatory statement, the
term ``prior consultation'' means a pre-decisional engagement
between a relevant Federal agency and the Committees on
Appropriations during which the Committees are provided a
meaningful opportunity to provide facts and opinions to inform:
(1) the use of funds; (2) the development, content, or conduct
of a program or activity; or (3) a decision to be taken.
Direction to consult with the ``Committee'' in either the House
or Senate reports shall mean to consult with the Committees on
Appropriations.
Notwithstanding authority included in any provision of the
Act shall not be construed to exclude the requirements of such
provision.
In the Act, the term ``stabilization assistance'' has the
same meaning as defined by the Stabilization Assistance Review
in ``A Framework for Maximizing the Effectiveness of U.S.
Government Efforts to Stabilize Conflict-Affected Areas,
2018.''
Similar to prior fiscal years, funding is made available
and designated as Overseas Contingency Operations/Global War on
Terrorism (OCO/GWOT) pursuant to the Balanced Budget and
Emergency Deficit Control Act of 1985 (BBEDCA) in the Act. Such
funds are intended to address the extraordinary costs of
operations and assistance in countries in conflict and areas of
instability and violence, particularly for security,
stabilization, and peacekeeping programs; humanitarian
activities; and counterterrorism and counterinsurgency efforts.
The Act does not contain or establish a regional limitation on
use of OCO/GWOT.
The Secretary of State shall comply with the directive
under section 7015 in the House report regarding the transfer
or release of any individuals detained at Naval Station,
Guantanamo Bay, Cuba in the manner described.
The agreement maintains the traditional uses and placement
in title III for the Development Assistance and Economic
Support Fund accounts.
The Director of the Peace Corps shall inform the Secretary
of State prior to opening, closing, significantly reducing, or
suspending an overseas office or country program, which will
help strengthen communication and coordination of United States
policy overseas.
Not later than 60 days after the release of any foreign
assistance review or realignment prepared or conducted by the
National Security Council, Office of Management and Budget,
Department of State, or USAID, or any combination thereof, the
Comptroller General of the United States shall provide an
assessment of such review or realignment to the appropriate
congressional committees, including an analysis of the
methodology used to determine any recommendations included in
such foreign assistance review or realignment. Each assessment
shall be submitted in unclassified form but may include a
classified annex.
The agreement directs the Department of State to fully
restore $40,026,539 in Economic Support Fund that lapsed at the
end of fiscal year 2019 due to apportionment and obligation
delays, including $35,379,246 for the Bureau of Democracy,
Human Rights, and Labor (DRL). Such programs shall be funded at
not less than the previously planned levels and are in addition
to any amounts identified for fiscal years 2019 and 2020
programs.
TITLE I
DEPARTMENT OF STATE AND RELATED AGENCY
DEPARTMENT OF STATE
Administration of Foreign Affairs
The agreement provides $12,197,058,000 for Administration
of Foreign Affairs, of which $3,105,109,000 is designated for
OCO/GWOT pursuant to BBEDCA. The agreement includes a total of
$6,071,348,000 for embassy security, as contained in the table
below:
EMBASSY SECURITY
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Account/Program Budget Authority
------------------------------------------------------------------------
Worldwide Security Protection......................... 4,095,899
Embassy Security, Construction, and Maintenance....... 1,975,449
-----------------
Total............................................. 6,071,348
------------------------------------------------------------------------
DIPLOMATIC PROGRAMS
The agreement provides $9,125,687,000 for Diplomatic
Programs, of which $2,626,122,000 is designated for OCO/GWOT
pursuant to BBEDCA.
Within the total provided under this heading, up to
$4,095,899,000 is for Worldwide Security Protection (WSP) and
may remain available until expended; and $5,029,788,000 is for
operations, of which $754,468,000 may remain available until
September 30, 2021.
Funds appropriated by the Act for activities, bureaus, and
offices under this heading are allocated according to the
following table:
DIPLOMATIC PROGRAMS
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Category Budget Authority
------------------------------------------------------------------------
Human Resources....................................... 2,896,063
Worldwide Security Protection..................... [509,782]
Overseas Programs..................................... 1,840,143
Diplomatic Policy and Support......................... 780,057
Security Programs..................................... 3,609,424
Worldwide Security Protection..................... [3,586,117]
-----------------
Total......................................... 9,125,687
------------------------------------------------------------------------
BUREAU/OFFICE
[Includes salary and bureau-managed funds]
------------------------------------------------------------------------
------------------------------------------------------------------------
Bureau of Administration..............................
Freedom of Information Act........................ [33,960]
Cultural Antiquities Task Force....................... 1,000
Bureau of Democracy, Human Rights, and Labor.......... 42,500
Human Rights Vetting.............................. [10,000]
International Freedom of Expression............... [2,500]
Atrocities Prevention Training.................... [500]
Management and Oversight Programs................. [5,000]
Implementation of Global Magnitsky Human Rights [500]
Accountability Act...................................
Special Advisor for International Disability [750]
Rights...........................................
Special Envoy for the Human Rights of LGBTI [250]
Persons..........................................
Bureau of European and Eurasian Affairs...............
Office of the Special Envoy for Holocaust Issues.. [750]
Bureau of Economic and Business Affairs...............
Office of Terrorism Financing and Economic [6,100]
Sanctions Policy.................................
Implementation of Global Magnitsky Human Rights [500]
Accountability Act...............................
Bureau of Oceans and International Environmental and 41,859
Scientific Affairs...................................
Office of Oceans and Polar Affairs................ [5,121]
of which, Special Representative for the Arctic [438]
Region...........................................
Bureau of Political-Military Affairs..................
Office of Weapons Removal and Abatement........... [3,609]
Office of International Religious Freedom............. 8,500
Religious freedom curriculum development.......... [600]
Office of the Legal Advisor...........................
Document Review Unit.............................. [2,889]
Office to Monitor and Combat Trafficking in Persons... 16,000
Office of the Secretary...............................
Office of Global Women's Issues................... [8,000]
Office of the Special Presidential Envoy for [1,250]
Hostage Affairs..................................
Special Coordinator for Tibetan Issues............ [1,000]
Office to Monitor and Combat Anti-Semitism........ [500]
------------------------------------------------------------------------
Funds allocated for offices and programs under the bureaus
listed in the table under this heading that exceed the 2020
congressional budget justification (CBJ) levels for such
offices and programs are in addition to funds otherwise made
available for such bureaus.
Global Engagement Center.--The agreement provides up to
$60,000,000 for the Global Engagement Center to counter state
and non-state propaganda and disinformation, including not less
than $5,000,000 from funds made available by the Act for the
Countering Chinese Influence Fund.
Office of International Religious Freedom.--The agreement
recognizes the recent merger of the Office of International
Religious Freedom, which integrated the functions of several
advisory positions. Funds for the activities of the Special
Advisor for Religious Minorities in the Near East and South
Central Asia are included in the total funding provided for the
Office of International Religious Freedom.
Office to Monitor and Combat Trafficking in Persons.--The
agreement includes $16,000,000 for the Office to Monitor and
Combat Trafficking in Persons for support of activities and
directives described in the House and Senate reports, including
additional staffing.
Procurement.--The agreement endorses the directive in the
House report under this heading with respect to procurement,
except that such directive shall include veteran-owned
businesses.
Public Diplomacy.--The agreement includes funds to support
public diplomacy programs. The Secretary of State is directed
to include projected funding levels for public diplomacy in the
operating plan required by section 7061(a) of the Act.
Workforce Diversity.--The Secretary of State shall submit a
workforce diversity report as described in the House and Senate
reports not later than 60 days after enactment of the Act.
CAPITAL INVESTMENT FUND
The agreement provides $139,500,000 for Capital Investment
Fund.
OFFICE OF INSPECTOR GENERAL
The agreement provides $90,829,000 for Office of Inspector
General, of which $13,624,000 may remain available until
September 30, 2021, and an additional $54,900,000 for the
Special Inspector General for Afghanistan Reconstruction
(SIGAR).
SIGAR Assessments.--SIGAR is directed to consult with the
Inspectors General of the Department of State and USAID and any
other United States Government office providing oversight of
contributions to multilateral trust funds in Afghanistan prior
to conducting an assessment as described under this heading in
the Senate report.
EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS
The agreement provides $730,700,000 for Educational and
Cultural Exchange Programs, of which not less than $272,000,000
is for the Fulbright Program and $111,860,000 is for the
Citizen Exchange Program. Funds under this heading are
allocated according to the following table:
EDUCATIONAL AND CULTURAL EXCHANGES
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Program/Activity Budget Authority
------------------------------------------------------------------------
Academic Programs
Fulbright Program................................. 272,000
Global Academic Exchanges......................... 62,960
English Language Programs......................... [45,200]
Special Academic Exchanges........................ 17,875
Benjamin Gilman International Scholarship Program. [16,000]
-----------------
Subtotal.......................................... 352,835
Professional and Cultural Exchanges
International Visitor Program..................... 104,000
Citizen Exchange Program.......................... 111,860
Congress-Bundestag Youth Exchange................. [4,125]
Special Professional and Cultural Exchanges....... 5,700
-----------------
Subtotal.......................................... 221,560
Special Initiatives
Young Leaders Initiatives......................... 34,400
Young African Leaders Initiative.................. [20,000]
Young Southeast Asian Leaders Initiative.......... [7,800]
Young Leaders in the Americas Initiative.......... [6,600]
Countering State Disinformation and Pressure...... 12,000
Civil Society Exchange Program.................... 5,000
-----------------
Subtotal.......................................... 51,400
Programs from IIP-PA Merger........................... 27,855
Program and Performance............................... 9,050
Exchanges Support..................................... 68,000
-----------------
Total......................................... 730,700
------------------------------------------------------------------------
The Secretary of State shall include in the operating plan
required by section 7061(a) of the Act the information listed
under this heading in the House and Senate reports.
Countering State Disinformation and Pressure.--The
agreement includes $12,000,000 under this heading to counter
state-sponsored disinformation and hybrid threats, promote
democracy, and support exchanges with countries facing state-
sponsored disinformation and pressure campaigns, particularly
in Europe and Eurasia.
Citizen Exchange Program.--Funds made available for the
Citizen Exchange Program are intended for the purposes
described under this heading in the House report.
Civil Society Exchange Program.--The agreement provides
$5,000,000 under this heading for a new Civil Society Exchange
Program for the purposes specified under this heading in the
Senate report. The Assistant Secretary for the Bureau of
Educational and Cultural Affairs (ECA), Department of State,
shall consult and coordinate with the relevant bureaus and
offices of the Department of State and USAID, including DRL, on
the design and implementation of such program and to ensure the
activities complement ongoing programs of such bureaus.
Fulbright Program.--The agreement continues the higher
funding levels appropriated in fiscal year 2019 under this
heading for the Fulbright Program for Afghanistan, Egypt, and
Pakistan.
McCain Scholars and Fellowship Programs.--The agreement
includes funding for the McCain Scholars and Fellowship
Programs as described in the Senate report.
Program Evaluations.-- The agreement includes not less than
$3,450,000 for the Evaluation Program, which is above the
fiscal year 2019 enacted level. The additional amount is made
available to augment support of independent external
evaluations of exchange programs and fund a strategic review of
the internal structure and program management of the ECA Bureau
as specified under this heading in the Senate report. The ECA
Assistant Secretary shall report to the Committees on
Appropriations on the implementation of such requirements not
later than 90 days after enactment of the Act.
Special Academic and Professional and Cultural Exchanges.--
The agreement includes funds to continue the Special Academic
Exchanges and Special Professional and Cultural Exchanges
described in the House and Senate reports, including the
Benjamin Gilman International Scholarship Program and the
Tibetan exchanges and fellowships.
REPRESENTATION EXPENSES
The agreement provides $7,212,000 for Representation
Expenses, subject to section 7010 of the Act.
PROTECTION OF FOREIGN MISSIONS AND OFFICIALS
The agreement provides $30,890,000 for Protection of
Foreign Missions and Officials.
EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE
The agreement provides $1,975,449,000 for Embassy Security,
Construction, and Maintenance, of which $424,087,000 is
designated for OCO/GWOT pursuant to BBEDCA. Within the amount
provided, $1,205,649,000 is for Worldwide Security Upgrades
(WSU) and $769,800,000 is for Repair, Construction, and
Operations.
Acceptance of Gifts for Embassy Construction.--The
Secretary of State is directed to notify the Committees on
Appropriations not later than 15 days prior to the acceptance
of a gift to supplement funds made available under this
heading. Such notification shall include the amount, source,
and any terms associated with each gift, and the Secretary
shall consult with such Committees prior to submitting such
notification.
Capital Security Cost Sharing and Maintenance Cost Sharing
Programs.--The agreement includes $1,085,649,000 for the
Department of State share of the Capital Security Cost Sharing
(CSCS) and Maintenance Cost Sharing (MCS) Programs, not
including additional funds to be provided from consular fee
revenue and other Federal agency contributions pursuant to
section 604(e) of the Secure Embassy Construction and
Counterterrorism Act of 1999. Federal agencies funded by the
Act and subject to CSCS assessments should make their
respective contributions consistent with the funding level of
$2,600,000,000 recommended by the Benghazi Accountability
Review Board.
Operating Plan.--The operating plan required by section
7061(a) of the Act shall include the proposed allocation of
funds made available under this heading and the actual and
anticipated proceeds of sales or gifts for all projects in
fiscal year 2020.
Funds under this heading are allocated according to the
following table:
EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Account/Program Budget Authority
------------------------------------------------------------------------
Repair, Construction, and Operations.................. 769,800
Repair and Construction........................... [100,276]
Operations........................................ [669,524]
of which, Domestic Renovations.................... [18,000]
Worldwide Security Upgrades........................... 31,205,649
Capital Security Cost Sharing and Maintenance Cost [1,085,649]
Sharing Program..................................
Compound Security Program......................... [120,000]
-----------------
Total 1,975,449
------------------------------------------------------------------------
EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE
The agreement provides $7,885,000 for Emergencies in the
Diplomatic and Consular Service.
REPATRIATION LOANS PROGRAM ACCOUNT
The agreement provides $1,300,000 for Repatriation Loans
Program Account.
PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN
The agreement provides $31,963,000 for Payment to the
American Institute in Taiwan.
INTERNATIONAL CENTER, WASHINGTON, DISTRICT OF COLUMBIA
The agreement provides $743,000 for International Center,
Washington, District of Columbia.
PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND DISABILITY FUND
The agreement provides $158,900,000 for Payment to the
Foreign Service Retirement and Disability Fund.
International Organizations
CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS
The agreement provides $1,473,806,000 for Contributions to
International Organizations, of which $96,240,000 is designated
for OCO/GWOT pursuant to BBEDCA.
The agreement provides not less than $67,397,000 for a
United States contribution to the North Atlantic Treaty
Organization (NATO) for fiscal year 2020. The Secretary of
State shall consult with the Committees on Appropriations on
modifications to the United States assessment to NATO for
fiscal year 2021. No funds are included in the Act to withdraw
the United States from NATO.
CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES
The agreement provides $1,526,383,000 for Contributions for
International Peacekeeping Activities, of which $988,656,000 is
designated for OCO/GWOT pursuant to BBEDCA.
Sufficient funds are provided in the agreement for United
States contributions to peacekeeping missions at the statutory
level of 25 percent. Funding for the United States share of the
United Nations Support Office in Somalia is provided under
Peacekeeping Operations in title IV of the Act, instead of
under this heading.
International Commissions
INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED STATES AND MEXICO
SALARIES AND EXPENSES
The agreement provides $48,170,000 for Salaries and
Expenses.
CONSTRUCTION
The agreement provides $36,900,000 for Construction,
including $7,500,000 to be made available to address deferred
maintenance requirements following consultation with the
Committees on Appropriations.
AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS
The agreement provides $15,008,000 for American Sections,
International Commissions, including $9,802,000 for the
International Joint Commission (IJC), $2,304,000 for the
International Boundary Commission, and $2,902,000 for the
Border Environment Cooperation Commission, in the amounts and
for the purposes specified under this heading in the Senate
report.
The agreement provides the authority to make up to
$1,250,000 of funds for the IJC available until September 30,
2021.
INTERNATIONAL FISHERIES COMMISSIONS
The agreement provides $62,718,000 for International
Fisheries Commissions. Such funds are allocated according to
the following table:
INTERNATIONAL FISHERIES COMMISSIONS
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Commission/Activity Budget Authority
------------------------------------------------------------------------
Great Lakes Fishery Commission........................ 47,060
Lake Champlain Basin.............................. [9,000]
Grass Carp........................................ [1,000]
Inter-American Tropical Tuna Commission............... 1,750
Pacific Salmon Commission............................. 5,935
Mark-Selective Fishery Fund....................... [1,750]
International Pacific Halibut Commission.............. 4,532
Other Marine Conservation Organizations............... 3,441
-----------------
Total............................................. 62,718
------------------------------------------------------------------------
The agreement includes $47,060,000 for the Great Lakes
Fishery Commission, including for the purposes specified in the
House and Senate reports, of which $6,490,000 is for risk-based
additions for sea lamprey control and science and research
needs and $500,000 is for the Lake Memphremagog fishery.
RELATED AGENCY
United States Agency for Global Media
INTERNATIONAL BROADCASTING OPERATIONS
The agreement provides $798,696,000 for International
Broadcasting Operations.
Of the funds made available under this heading, up to
$40,708,000 may remain available until expended for satellite
transmissions and Internet freedom programs, of which not less
than $20,000,000 is for Internet freedom and circumvention
programs. Additional funds are included within the total
provided for Radio Free Asia (RFA) for the personnel costs
associated with certain Internet freedom activities. The United
States Agency for Global Media (USAGM) Chief Executive Officer
(CEO) is directed to include amounts planned for Internet
freedom in fiscal year 2020 as part of the operating plan
required by section 7061(a) of the Act, including amounts
planned for the newly established Open Technology Fund grantee,
and to describe the planned activities in the Internet freedom
spend plan required by section 7050(c) of the Act.
Countering Russian Disinformation.--The agreement includes
funds above the fiscal year 2019 program level for both Voice
of America (VOA) and Radio Free Europe/Radio Liberty (RFE/RL)
to expand Current Time programming. The reports required under
this heading in the House and Senate reports concerning Current
Time may be consolidated and shall be submitted not later than
90 days after enactment of the Act.
East Asia and the Pacific.--The agreement supports the
Tibetan language services of the VOA and RFA.
Latin America.--The agreement includes funds to expand the
programming and activities of the Latin America Division of
VOA.
Uyghur Service.--The USAGM CEO is urged to allocate funds
from within amounts provided for RFA to increase the capacity
for translation and social media by the Uyghur service of RFA.
Operating Plans.--The USAGM CEO shall ensure that the
operating plan required by section 7061(a) of the Act, and
notifications submitted pursuant to section 7015 of the Act,
shall include a detailed description of funding and program
plans for each Federal entity and independent grantee.
Substantive funding and program modifications to such plan
shall be subject to the notification requirements of section
7015 of the Act.
Funds under this heading are allocated according to the
following table:
INTERNATIONAL BROADCASTING OPERATIONS
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Entities/Grantees Budget Authority
------------------------------------------------------------------------
Federal Entities
International Broadcasting Bureau (IBB) IBB 65,291
Operations.......................................
Internet Freedom.................................. [20,000]
Office of Cuba Broadcasting....................... 20,973
Office of Technology, Services, and Innovation.... 180,591
Voice of America.................................. 252,000
-----------------
Subtotal.......................................... 518,855
Independent Grantee Organizations
Radio Free Europe/Radio Liberty................... 125,306
Radio Free Asia................................... 44,223
Middle East Broadcasting Networks................. 110,312
-----------------
Subtotal.......................................... 279,841
-----------------
Total......................................... 798,696
------------------------------------------------------------------------
BROADCASTING CAPITAL IMPROVEMENTS
The agreement provides $11,700,000 for Broadcasting Capital
Improvements.
RELATED PROGRAMS
The Asia Foundation
The agreement provides $19,000,000 for The Asia Foundation.
Such funds shall be apportioned and obligated to the Foundation
not later than 60 days after enactment of the Act.
United States Institute of Peace
The agreement provides $45,000,000 for United States
Institute of Peace, including $750,000 for an Afghanistan Peace
Process Study Group, as described in the Senate report.
Center for Middle Eastern-Western Dialogue Trust Fund
The agreement provides $245,000 from interest and earnings
from the Center for Middle Eastern-Western Dialogue Trust Fund.
Eisenhower Exchange Fellowship Program
The agreement provides $270,000 from interest and earnings
from the Eisenhower Exchange Fellowship Program Trust Fund.
Israeli Arab Scholarship Program
The agreement provides $124,000 from interest and earnings
from the Israeli Arab Scholarship Endowment Fund.
East-West Center
The agreement provides $16,700,000 for East-West Center.
Such funds shall be apportioned and obligated to the Center not
later than 60 days after enactment of the Act.
National Endowment for Democracy
The agreement provides $300,000,000 for National Endowment
for Democracy, of which $195,840,000 shall be allocated in the
traditional and customary manner, including for the core
institutes, and $104,160,000 for democracy programs. Such funds
shall be apportioned and obligated to the National Endowment
for Democracy (NED) not later than 60 days after enactment of
the Act.
OTHER COMMISSIONS
Commission for the Preservation of America's Heritage Abroad
SALARIES AND EXPENSES
The agreement provides $675,000 for Commission for the
Preservation of America's Heritage Abroad.
United States Commission on International Religious Freedom
SALARIES AND EXPENSES
The agreement provides $4,500,000 for United States
Commission on International Religious Freedom, of which
$1,000,000 is subject to prior consultation with, and the
regular notification procedures of, the Committees on
Appropriations.
Commission on Security and Cooperation in Europe
SALARIES AND EXPENSES
The agreement provides $2,579,000 for Commission on
Security and Cooperation in Europe.
Congressional-Executive Commission on the People's Republic of China
SALARIES AND EXPENSES
The agreement provides $2,250,000 for Congressional-
Executive Commission on the People's Republic of China, of
which $250,000 is to modernize and update the Commission's
Victims Lists, as described under this heading in the Senate
report.
United States-China Economic and Security Review Commission
SALARIES AND EXPENSES
The agreement provides $3,500,000 for United States-China
Economic and Security Review Commission.
TITLE II
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
Funds Appropriated to the President
OPERATING EXPENSES
The agreement provides $1,377,246,000 for Operating
Expenses, of which $206,587,000 may remain available until
September 30, 2021.
Funds in the Act under this heading are allocated according
to the following table and subject to sections 7015 and 7061 of
the Act:
OPERATING EXPENSES
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Program/Activity Budget Authority
------------------------------------------------------------------------
Overseas Operations:
Field Missions................................... 505,316
Salaries and benefits, U.S. Direct Hire Personnel 289,166
------------------
Total, Overseas Operations....................... 794,482
Washington Support:
Washington bureaus and offices................... 105,673
Salaries and benefits, U.S. Direct Hire Personnel 377,895
------------------
Total, Washington Support........................ 483,568
Central Support:
Information Technology........................... 117,798
Rent and General Support......................... 121,752
Staff Training................................... 25,075
Personnel Support................................ 24,851
Other Agency Costs............................... 22,230
------------------
Total, Central Support........................... 311,706
Total, Operating Expenses............................ 1,589,756
Of which, FY20 appropriations.................... 1,377,246
Of which, from carryover and other sources....... 212,510
------------------------------------------------------------------------
Account Structure.--Not later than 60 days after enactment
of the Act, the USAID Administrator shall consult with the
Committees on Appropriations on proposed changes to the account
structure provided under this heading in the Senate bill and
possible alternative structures with the goal of increasing the
transparency and accountability of funding appropriated for
USAID operations. Such consultation shall include the timeline,
cost, and changes to budget formulation and execution processes
required to implement this structure. The Administrator is
further directed to provide the Committees on Appropriations
quarterly obligation reports on Operating Expenses by the cost
categories contained in the explanatory statement starting not
later than 30 days after enactment of the Act. The
Administrator shall consult with the Committees on
Appropriations on the format of such report.
Changes in Management.--The USAID Administrator shall
consult with the Committees on Appropriations on any proposed
significant or substantive change to USAID guidance or
directives related to management services prior to issuing such
guidance or directives to USAID posts worldwide.
Personnel Levels.--The agreement includes directives
specifying United States Direct Hire personnel levels and
related workforce reporting requirements under section 7064 of
the Act and this explanatory statement.
CAPITAL INVESTMENT FUND
The agreement provides $210,300,000 for Capital Investment
Fund.
OFFICE OF INSPECTOR GENERAL
The agreement provides $75,500,000 for Office of Inspector
General, of which $11,325,000 may remain available until
September 30, 2021.
TITLE III
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
GLOBAL HEALTH PROGRAMS
The agreement provides $9,092,450,000 for Global Health
Programs. Funds under this heading are allocated according to
the following table and subject to 7019 of the Act:
GLOBAL HEALTH PROGRAMS
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Program/Activity Budget Authority
------------------------------------------------------------------------
Maternal and Child Health............................. 851,000
Polio............................................. [61,000]
Maternal and Neonatal Tetanus..................... [2,000]
The GAVI Alliance................................. [290,000]
Nutrition (USAID)..................................... 150,000
Micronutrients.................................... [33,000]
of which, Vitamin A............................... [22,500]
Iodine Deficiency Disorder........................ [2,500]
Vulnerable Children (USAID)........................... 25,000
Blind Children.................................... [4,000]
HIV/AIDS (USAID)...................................... 330,000
Microbicides...................................... [45,000]
HIV/AIDS (Department of State)........................ 5,930,000
The Global Fund to Fight AIDS, Tuberculosis, and [1,560,000]
Malaria..........................................
UNAIDS............................................ [45,000]
Family Planning/Reproductive Health (USAID)........... 523,950
Other Infectious Diseases (USAID)..................... 1,282,500
Global Health Security............................ [100,000]
Malaria........................................... [770,000]
Tuberculosis...................................... [310,000]
of which, Global TB Drug Facility................. [15,000]
Neglected Tropical Diseases....................... [102,500]
-----------------
Total......................................... 9,092,450
------------------------------------------------------------------------
The Secretary of State shall not carry out the directive
under this heading in the House report regarding a
determination.
GAVI.--The agreement includes $290,000,000 for a
contribution to The GAVI Alliance and expects the United States
to maintain this level of commitment for the next replenishment
cycle.
Global Health Security.--The agreement includes
$100,000,000 for Global Health Security, including for programs
to strengthen public health capacity in countries where there
is a high risk of zoonotic disease. Funds should also be made
available to support the collection and analysis of data on
unknown viruses, and should be made available, on a matching
basis with other donors, to support a coordinating mechanism
for the sharing of data on unknown viruses with zoonotic
potential among countries, following consultation with the
Committees on Appropriations.
Not later than 45 days after enactment of the Act, the
USAID Administrator shall submit a report to the Committees on
Appropriations on the proposed uses of Global Health Security
funds, which shall comply with the directives described under
this heading in the House and Senate reports.
Global Fund.--The agreement includes $1,560,000,000 for a
contribution to the Global Fund to Fight AIDS, Tuberculosis,
and Malaria and affirms the United States share of 33 percent
as included in section 202(d) of the United States Leadership
Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003, as
amended.
Global Health and Women's Economic Empowerment Programing
Coordination.--The USAID Administrator shall not carry out the
directives under the heading ``Global Health and Women's
Economic Empowerment Programing Coordination'' under this
heading in the Senate report. No funds are included in the
agreement for the pilot project described under such heading.
DEVELOPMENT ASSISTANCE
The agreement provides $3,400,000,000 for Development
Assistance. Funds for certain programs under this heading are
allocated according to the following table and subject to
section 7019 of the Act:
DEVELOPMENT ASSISTANCE
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Country/Program Budget Authority
------------------------------------------------------------------------
Africa
Burkina Faso.......................................... 6,000
Cameroon.............................................. 4,000
Chad.................................................. 3,000
Counter-Lord's Resistance Army Program................ 10,000
Democratic Republic of Congo.......................... 80,000
Djibouti.............................................. 9,000
Liberia............................................... 60,550
Malawi higher education............................... 10,000
Mali.................................................. 65,000
Niger................................................. 25,000
South Sudan........................................... 55,000
Sudan................................................. 5,000
The Gambia democracy programs......................... 2,000
Young African Leaders Initiative (YALI)............... 10,000
East Asia and the Pacific
Laos.................................................. 27,000
Philippines........................................... 70,000
People's Republic of China rule of law and environment 5,000
Regional Development Mission Asia..................... 5,000
Young Southeast Asian Leaders Initiative (YSEALI)..... 2,000
South and Central Asia
Bangladesh............................................ 122,200
Labor programs.................................... [3,000]
India................................................. 25,000
Maldives.............................................. 2,200
Nepal................................................. 40,000
Western Hemisphere
Barbados and Eastern Caribbean........................ 2,000
Haiti................................................. 51,000
Reforestation..................................... [8,500]
Global Programs
Bureau for Food Security..............................
Community Development Fund........................ [80,000]
Feed the Future Innovation Labs................... [55,000]
Global Crop Diversity Trust....................... [5,500]
Combating child marriage.............................. 15,000
Development Innovation Ventures....................... 23,000
Disability Programs................................... 10,000
Leahy War Victims Fund................................ 13,500
Low Cost Eyeglasses Pilot Program..................... 3,500
Mobility Pilot Program................................ 1,500
Ocean Freight Reimbursement Program................... 1,500
Trade Capacity Building............................... 20,000
USAID Advisor for Indigenous Peoples Issues........... 4,250
Victims of Torture.................................... 12,000
Wheelchairs........................................... 5,000
------------------------------------------------------------------------
Advisor for Indigenous Peoples Issues.--The agreement
includes not less than $4,250,000 for the USAID Advisor for
Indigenous Peoples Issues, of which $3,500,000 is for programs
administered by the Advisor and an additional $750,000 is for
personnel costs and other program-funded administrative
expenses, including to enable the Advisor to carry out the
activities specified under this heading in the Senate report.
People's Republic of China.--The agreement provides not
less than $17,000,000, including $5,000,000 under this heading
and $12,000,000 under Economic Support Fund, for democracy,
rule of law, and environment programs for the People's Republic
of China (PRC), which may be used to support partnerships with
civil society and academic institutions in the PRC, and to
support activities in the Indo-Pacific region to mitigate PRC
activities and investments that threaten democracy, the rule of
law, and the environment.
Power Africa.--The agreement provides funding consistent
with prior year levels for the Power Africa initiative.
Volunteers.--The agreement supports the use of skilled
volunteers as included in the Senate report, and in addition,
encourages USAID, Peace Corps, and the Department of State to
support programs in Africa that provide opportunities for
Africans to serve as community development volunteers in their
own countries and elsewhere on the continent.
INTERNATIONAL DISASTER ASSISTANCE
The agreement provides $4,395,362,000 for International
Disaster Assistance, of which $1,733,980,000 is designated for
OCO/GWOT pursuant to BBEDCA. Such funds shall be apportioned to
USAID not later than 60 days after enactment of the Act.
TRANSITION INITIATIVES
The agreement provides $92,043,000 for Transition
Initiatives.
COMPLEX CRISES FUND
The agreement provides $30,000,000 for Complex Crises Fund.
Such funds shall be apportioned to USAID not later than 60 days
after enactment of the Act.
ECONOMIC SUPPORT FUND
The agreement provides $3,045,000,000 for Economic Support
Fund. Funds for certain programs under this heading are
allocated according to the following table and subject to
section 7019 of the Act:
ECONOMIC SUPPORT FUND
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Country/Program Budget Authority
------------------------------------------------------------------------
Africa
African Union......................................... 1,600
Niger................................................. 6,000
State Africa Regional................................. 31,000
West Africa anti-slavery programs..................... 2,000
East Asia and the Pacific
State East Asia and Pacific Regional.................. 15,000
Bureau of Democracy, Human Rights, and Labor...... [4,000]
Middle East and North Africa
Lebanon scholarships.................................. 12,000
Middle East Partnership Initiative scholarship program 20,000
Middle East Regional Cooperation...................... 5,000
Near East Regional Democracy.......................... 55,000
Relief and Recovery Fund..............................
Refugee Scholarships Program in Lebanon........... [8,000]
West Bank and Gaza.................................... 75,000
South and Central Asia
Afghanistan Civilian Assistance Program............... 10,000
India................................................. 24,000
Maldives.............................................. 2,000
Nepal................................................. 35,000
Pakistan Civilian Assistance Program.................. 10,000
Western Hemisphere
Caribbean Energy Security Initiative.................. 3,000
Cuba.................................................. 20,000
Organization of American States....................... 5,000
Global Programs
Ambassador-at-Large for Global Women's Issues......... 10,000
Atrocities Prevention (sec. 7034(c)).................. 2,500
Family Planning/Reproductive Health (USAID)........... 51,050
House Democracy Partnership........................... 1,900
Office of the Coordinator for Cyber Issues............ 5,000
Implementation of Public Law 99-415................... 2,000
Information Communications Technology Training........ 1,000
State Bureau of Counterterrorism and CVE.............. 15,000
Global Community Engagement and Resilience Fund... [5,000]
------------------------------------------------------------------------
The agreement provides funding for a feasibility study for
the establishment of a tribunal or other justice mechanism
regarding sexual violence at the level proposed in the Senate
report. The Secretary of State shall consult with the
Committees on Appropriations on the parameters of such study.
The agreement does not provide $175,000,000 for a
Diplomatic Progress Fund, as proposed in the House report.
The agreement provides $9,500,000 to support the first
through third organizational pillars of the Organization of
American States. Under this heading, $5,000,000 is for programs
to promote and protect human rights, of which not less than
$500,000 is for the Office of the Special Rapporteur for
Freedom of Expression, and $4,500,000 is provided under
International Organizations and Programs for programs to
strengthen democracy.
Such funds are subject to prior consultation with the
Committees on Appropriations.
DEMOCRACY FUND
The agreement provides $273,700,000 for Democracy Fund, of
which $178,450,000 is for the Human Rights and Democracy Fund,
Department of State, and $95,250,000 is for the USAID Bureau
for Democracy, Conflict, and Humanitarian Assistance.
The agreement provides funding for the directives included
in the table under this heading in the House report. The
Department of State and USAID shall consult with the Committees
on Appropriations on the uses of funds, consistent with the
direction in the House and Senate reports.
In lieu of the directive in the House report on the annual
human rights report, the Secretary of State shall consult with
the Committees on Appropriations on such report.
ASSISTANCE FOR EUROPE, EURASIA AND CENTRAL ASIA
The agreement provides $770,334,000 for Assistance for
Europe, Eurasia and Central Asia.
Department of State
MIGRATION AND REFUGEE ASSISTANCE
The agreement provides $3,432,000,000 for Migration and
Refugee Assistance, of which $1,521,355,000 is designated for
OCO/GWOT pursuant to BBEDCA.
United States Emergency Refugee And Migration Assistance Fund
The agreement provides $100,000 for United States Emergency
Refugee and Migration Assistance Fund.
Independent Agencies
PEACE CORPS
(INCLUDING TRANSFER OF FUNDS)
The agreement provides $410,500,000 for Peace Corps.
MILLENNIUM CHALLENGE CORPORATION
The agreement provides $905,000,000 for Millennium
Challenge Corporation, including up to $105,000,000 for
administrative expenses.
INTER-AMERICAN FOUNDATION
The agreement provides $37,500,000 for Inter-American
Foundation. Within the increase above the fiscal year 2019
level, not less than $10,000,000 is to support programs and
activities in Northern Triangle countries, and $5,000,000 is to
support activities elsewhere in the hemisphere.
UNITED STATES AFRICAN DEVELOPMENT FOUNDATION
The agreement provides $33,000,000 for United States
African Development Foundation.
Department of the Treasury
INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE
The agreement provides $30,000,000 for International
Affairs Technical Assistance, of which not more than $6,000,000
is for administrative expenses.
DEBT RESTRUCTURING
The agreement provides $15,000,000 for Debt Restructuring
to support implementation of the Tropical Forest Conservation
Act, as reauthorized by the Tropical Forest Conservation
Reauthorization Act of 2018 (Public Law 115-440).
TITLE IV
INTERNATIONAL SECURITY ASSISTANCE
Department of State
INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT
The agreement provides $1,391,000,000 for International
Narcotics Control and Law Enforcement. Funds for certain
programs under this heading are allocated according to the
following table and subject to section 7019 of the Act:
INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Country/Program/Activity Budget Authority
------------------------------------------------------------------------
Atrocities prevention (sec. 7034(c)).................. 2,500
Argentina............................................. 2,500
Central America....................................... 170,000
Central America Regional Security Initiative...... [170,000]
Combating wildlife trafficking........................ 50,000
Critical flight safety program........................ 18,000
Health monitoring systems......................... [12,500]
Cybercrime and intellectual property rights........... 10,000
Demand reduction...................................... 15,000
Haiti prison assistance............................... 10,000
International Law Enforcement Academy................. 27,000
Pakistan border security.............................. 15,000
Programs to end modern slavery........................ 25,000
Security force professionalization (sec. 7035(a)(5)).. 3,000
Tajikistan............................................ 6,000
Border security................................... [3,000]
Trafficking in persons................................ 45,000
Office to Monitor and Combat Trafficking in [36,000]
Persons..........................................
Western Hemisphere regional security cooperation...... 12,500
------------------------------------------------------------------------
International Organized Crime.--The agreement provides
$68,150,000 to combat international organized crime.
Child Protection Compacts.--The agreement includes
$5,000,000 for child protection compacts, pursuant to the
Trafficking Victims Protection Act of 2000, as amended, which
may be made available following consultation with the
appropriate congressional committees.
Haiti.--The agreement includes $10,000,000 under this
heading for prison assistance in Haiti. Funds shall be
prioritized for structural and other improvements to meet basic
sanitation, medical, nutritional, and safety needs at the
National Penitentiary. The Secretary of State shall consult
with the Committees on Appropriations on the planned uses of
funds.
NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED PROGRAMS
The agreement provides $895,750,000 for Nonproliferation,
Anti-terrorism, Demining and Related Programs. Funds for
certain programs under this heading are allocated according to
the following table and subject to section 7019 of the Act:
NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED PROGRAMS
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Program/Activity Budget Authority
------------------------------------------------------------------------
Nonproliferation programs............................. 296,400
Nonproliferation and Disarmament Fund............. [30,000]
Export Control and Related Border Security........ [64,000]
Global Threat Reduction........................... [70,000]
International Atomic Energy Agency................ [94,800]
Anti-terrorism programs............................... 321,800
Anti-terrorism Assistance......................... [182,000]
Terrorist Interdiction Program.................... [42,800]
Counterterrorism financing........................ [12,500]
Counterterrorism Partnerships Fund................ [84,500]
Conventional weapons destruction...................... 227,550
Humanitarian demining............................. [190,000]
of which, Angola.................................. [7,000]
of which, Cambodia................................ [7,000]
of which, Iraq.................................... [40,000]
of which, Kosovo.................................. [5,000]
of which, Laos.................................... [37,500]
of which, Sri Lanka............................... [5,500]
of which, Vietnam................................. [17,500]
of which, Zimbabwe................................ [2,500]
------------------------------------------------------------------------
In addition to funds designated in the table for Iraq,
funds made available for the Relief and Recovery Fund should be
made available for humanitarian demining in Iraq.
PEACEKEEPING OPERATIONS
The agreement provides $457,348,000 for Peacekeeping
Operations, of which $325,213,000 is designated for OCO/GWOT
pursuant to BBEDCA. Funds under this heading are allocated
according to the following table and subject to section 7019 of
the Act:
PEACEKEEPING OPERATIONS
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Country/Program/Activity Budget Authority
------------------------------------------------------------------------
Africa................................................ 281,348
Central African Republic.......................... [8,000]
Democratic Republic of the Congo.................. [3,000]
Liberia........................................... [1,000]
Somalia........................................... [208,108]
South Sudan....................................... [20,000]
Africa Regional................................... [41,240]
Near East............................................. 31,000
Multinational Force and Observers................. [31,000]
Political-Military Affairs............................ 145,000
Global Peace Operations Initiative Training [10,000]
Infrastructure...................................
Security Force Professionalization (Sec. [3,000]
7035(a)(5))......................................
------------------------------------------------------------------------
Funds Appropriated to the President
INTERNATIONAL MILITARY EDUCATION AND TRAINING
The agreement provides $112,925,000 for International
Military Education and Training.
In lieu of the directive under this heading in the Senate
report, funds in the Act shall be made available for assistance
for foreign governments, consistent with applicable provisions
of law, for purposes of improving the implementation of section
548(a) of the FAA.
FOREIGN MILITARY FINANCING PROGRAM
The agreement provides $6,156,924,000 for Foreign Military
Financing Program, of which $511,909,000 is designated for OCO/
GWOT pursuant to BBEDCA.
Funds under this heading for certain countries are
allocated according to the following table and subject to
section 7019 of the Act:
FOREIGN MILITARY FINANCING PROGRAM
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Country Budget Authority
------------------------------------------------------------------------
Belize................................................ 1,000
Colombia.............................................. 38,525
Costa Rica............................................ 7,500
Egypt................................................. 1,300,000
El Salvador........................................... 1,900
Estonia............................................... 8,000
Georgia............................................... 35,000
Indonesia............................................. 14,000
Iraq.................................................. 250,000
Israel................................................ 3,300,000
Jordan................................................ 425,000
Latvia................................................ 8,000
Lithuania............................................. 8,000
Mexico................................................ 5,000
Morocco............................................... 10,000
Panama................................................ 2,000
Tunisia............................................... 85,000
Ukraine............................................... 115,000
Vietnam............................................... 12,000
------------------------------------------------------------------------
The reports and certifications required by section 36 of
the Foreign Military Sales Act (22 U.S.C. 2776) shall be
submitted concurrently to the Committees on Appropriations.
TITLE V
MULTILATERAL ASSISTANCE
Funds Appropriated to the President
INTERNATIONAL ORGANIZATIONS AND PROGRAMS
The agreement provides $390,500,000 for International
Organizations and Programs. Funds under this heading are
allocated according to the following table and subject to
section 7019 of the Act:
INTERNATIONAL ORGANIZATIONS AND PROGRAMS
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Organizations/Programs Budget Authority
------------------------------------------------------------------------
International Chemicals and Toxins Programs........... 3,175
International Civil Aviation Organization............. 1,200
International Conservation Programs................... 7,000
International Development Law Organization............ 400
International Maritime Organization................... 325
Montreal Protocol Multilateral Fund................... 32,000
OAS Development Assistance Programs................... 4,500
Regional Cooperation Agreement on Combating Piracy and 50
Armed Robbery Against Ships in Asia..................
UN Capital Development Fund........................... 1,100
UN Children's Fund.................................... 139,000
of which, Combating female genital mutilation [5,000]
programs.........................................
UN Democracy Fund..................................... 3,500
UN Development Program................................ 81,550
UN Environmental Programs............................. 10,600
UN Intergovernmental Panel on Climate Change/ UN 6,400
Framework Convention on Climate Change...............
UN High Commissioner for Human Rights................. 14,500
of which, Honduras................................ [1,000]
of which, Colombia................................ [1,000]
of which, Guatemala............................... [1,000]
UN Human Settlements Program.......................... 700
UN Office for the Coordination of Humanitarian Affairs 3,500
UN Office of the Special Coordinator on Improving the 1,500
UN Response to Sexual Exploitation and Abuse.........
UN Resident Coordinator System........................ 23,000
UN Special Representative of the Secretary-General for 1,750
Sexual Violence in Conflict..........................
UN Trust Fund to End Violence Against Women........... 1,500
UN Voluntary Fund for Technical Cooperation in the 1,150
Field of Human Rights................................
UN Voluntary Fund for Victims of Torture.............. 8,000
UN Women.............................................. 10,000
World Meteorological Organization..................... 1,000
World Trade Organization Technical Assistance......... 600
------------------------------------------------------------------------
West Bank and Gaza.--The agreement does not include
assistance for the West Bank and Gaza under this heading, as
proposed in the House report.
United Nations Intergovernmental Panel on Climate Change.--
The agreement includes a contribution to the United Nations
Intergovernmental Panel on Climate Change under this heading
instead of Economic Support and Development Fund, as proposed
in the President's budget request.
International Financial Institutions
GLOBAL ENVIRONMENT FACILITY
The agreement provides $139,575,000 for Global Environment
Facility, including $136,563,000 for the second installment of
the seventh replenishment of the Global Environment Facility,
which if annualized over four years would equal $546,252,000.
CONTRIBUTION TO THE INTERNATIONAL BANK FOR RECONSTRUCTION AND
DEVELOPMENT
The agreement provides $206,500,000 for Contribution to the
International Bank for Reconstruction and Development for the
first of six installments under the current general and
selective capital increases.
LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS
The agreement provides $1,421,275,728.70 for Limitation on
Callable Capital Subscriptions.
CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT ASSOCIATION
The agreement provides $1,097,010,000 for Contribution to
the International Development Association.
CONTRIBUTION TO THE ASIAN DEVELOPMENT FUND
The agreement provides $47,395,000 for Contribution to the
Asian Development Fund.
CONTRIBUTION TO THE AFRICAN DEVELOPMENT FUND
The agreement provides $171,300,000 for Contribution to the
African Development Fund.
CONTRIBUTION TO THE INTERNATIONAL FUND FOR AGRICULTURAL DEVELOPMENT
The agreement provides $30,000,000 for Contribution to the
International Fund for Agricultural Development, which if
annualized over three years would equal $90,000,000.
TITLE VI
EXPORT AND INVESTMENT ASSISTANCE
Export-Import Bank of the United States
INSPECTOR GENERAL
The agreement provides $5,700,000 for Inspector General for
the Export-Import Bank of the United States, of which $855,000
may remain available until September 30, 2021.
ADMINISTRATIVE EXPENSES
The agreement provides $110,000,000 for Administrative
Expenses for the Export-Import Bank of the United States, of
which $16,500,000 may remain available until September 30,
2021.
RECEIPTS COLLECTED
The agreement does not include the authority proposed in
the Senate bill for the Export-Import Bank to retain collected
receipts to fund the Bank's carryover account.
United States International Development Finance Corporation
INSPECTOR GENERAL
The agreement provides $2,000,000 for Inspector General for
United States International Development Finance Corporation.
CORPORATE CAPITAL ACCOUNT
The agreement provides $299,000,000 for Corporate Capital
Account, including $119,000,000 for administrative expenses and
project-specific transaction costs as described in section
1434(k) of the BUILD Act of 2018 (division F of Public Law 115-
254); $150,000,000 for the activities described in section
1421(c) of such Act; and $30,000,000 to be paid to the United
States International Development Finance Corporation (DFC)
Program Account.
Equity Agreements.--The DFC CEO shall submit the reports
under this heading in the House report in the manner described,
except such reports shall be submitted not later than 15 days
prior to the initial obligation of funds for each such
agreement. Not later than October 31, 2020, the CEO shall
submit to the Committees on Appropriations a consolidated
report covering all equity agreements for which the DFC has
obligated funds during the previous fiscal year, which shall
include updates to the previously submitted reports, as
necessary. The CEO shall consult with the Committees on
Appropriations on the elements of such reports.
Equity and Hybrid Investments.--Not later than 180 days
after enactment of the Act, the DFC CEO shall submit a report
to the appropriate congressional committees on the progress and
efficacy of leveraging equity investments and related hybrid
instruments, such as debt financing with redemption rights, in
relation to advancing the DFC's statement of policy and
purposes described in the BUILD Act of 2018.
Fees Collection Report.--Not later than 90 days after
enactment of the Act and every 90 days thereafter until
September 30, 2020, the DFC CEO shall submit a report to the
Committees on Appropriations on fees charged and collected
pursuant to the BUILD Act of 2018, following consultation with
the Committees on Appropriations.
Transition Status.--Not later than 60 days after enactment
of the Act, the DFC CEO shall submit the report under this
heading in the House and Senate reports in the manner
described.
PROGRAM ACCOUNT
The agreement provides $30,000,000 for Program Account
transferred from Corporate Capital Account.
TRADE AND DEVELOPMENT AGENCY
The agreement provides $79,500,000 for Trade and
Development Agency, including not more than $19,000,000 for
administrative expenses.
TITLE VII
GENERAL PROVISIONS
The following general provisions are contained in the Act.
Each is designated as unchanged, modified, or new as compared
to division F of Public Law 116-6:
Section 7001. Allowances and Differentials (unchanged)
Section 7002. Unobligated Balances Report (unchanged)
Section 7003. Consulting Services (unchanged)
Section 7004. Diplomatic Facilities (modified)
The Secretary of State shall continue to provide the
quarterly reports on new embassy and consulate compound
projects as required by section 7004(h) of division F of Public
Law 116-6 and shall include in such reports the new embassy
compound in Jerusalem, Israel.
Section 7005. Personnel Actions (unchanged)
Section 7006. Prohibition on Publicity or Propaganda
(unchanged)
Section 7007. Prohibition Against Direct Funding for Certain
Countries (unchanged)
Section 7008. Coups d'Etat (unchanged)
Section 7009. Transfer of Funds Authority (modified)
New transfer authority associated with the DFC is included
in the provision, and certain authorities in titles VII and
VIII of division F of Public Law 116-6 are consolidated under
this heading.
Section 7010. Prohibition and Limitation on Certain Expenses
(modified)
Section 7011. Availability of Funds (unchanged)
Section 7012. Limitation on Assistance to Countries in Default
(unchanged)
Section 7013. Prohibition on Taxation of United States
Assistance (unchanged)
Section 7014. Reservations of Funds (unchanged)
Section 7015. Notification Requirements (modified)
Departments and agencies funded by the Act shall comply
with the directive under this section in the House report
related to the use of notwithstanding authority.
Consistent with section 7015(j)(1) of division F of Public
Law 116-6, the Secretary of State shall continue to inform the
appropriate congressional committees of each instance in which
funds appropriated by the Act or that are made available for
assistance for the countries and for the programs and
activities listed in such subsection are diverted or destroyed.
The Secretary of State shall consult with the Committees on
Appropriations at least seven days prior to informing a
government of, or publicly announcing a decision on, the
suspension of assistance to a country in the manner described
in section 7015(j)(2) of division F of Public Law 116-6.
The agreement requires notification of changes in programs,
projects, and activities as specified in the Act, which shall
include any entities established pursuant to the Federal
Advisory Committee Act.
Section 7016. Document Requests, Records Management, and
Related Cybersecurity Protections (modified)
Section 7017. Use of Funds in Contravention of the Act
(unchanged)
Section 7018. Prohibition on Funding for Abortions and
Involuntary Sterilization (unchanged)
Section 7019. Allocations and Reports (modified)
Section 7020. Multi-Year Pledges (modified)
Section 7021. Prohibition on Assistance to Governments
Supporting International Terrorism (unchanged)
Section 7022. Authorization Requirements (unchanged)
Section 7023. Definition of Program, Project, and Activity
(unchanged)
Section 7024. Authorities for the Peace Corps, Inter-American
Foundation and United States African Development
Foundation (unchanged)
Section 7025. Commerce, Trade and Surplus Commodities
(unchanged)
Section 7026. Separate Accounts (modified)
The USAID Administrator shall include in the fiscal year
2021 CBJ the use of local currencies for the administrative
requirements of the United States government as authorized
under this section including the amount (and United States
dollar equivalent) to be used for such purpose in each
applicable country.
Section 7027. Eligibility for Assistance (unchanged)
Section 7028. Local Competition (modified)
Section 7029. International Financial Institutions (modified)
Section 7030. Insecure Communications Networks (new)
The Secretary of State shall submit the strategy required
by section 7030(b) of the Senate bill in the manner described.
Funds made available by the Act for programs under this section
shall be subject to the regular notification procedures of the
Committees on Appropriations.
Section 7031. Financial Management and Budget Transparency
(modified)
Not later than 90 days after enactment of the Act and every
6 months thereafter until September 30, 2021, the USAID
Administrator shall submit to the Committees on Appropriations
a report that details all assistance provided through
government-to-government mechanisms by country, funding source
and amount, and type of procurement instrument, including
whether the assistance was provided on a reimbursable basis.
For the purposes of subsection (b), ``minimum requirements
of fiscal transparency'' shall mean the public disclosure of a
country's national budget, including income and expenditures by
ministry, and government contracts and licenses for natural
resource extraction including bidding and concession allocation
practices.
The annual Fiscal Transparency Report shall identify the
significant progress made by each government to publicly
disclose national budget documentation, contracts, and
licenses, which are additional to information disclosed in
previous years, specific recommendations of short- and long-
term steps such government should take to improve fiscal
transparency, and a detailed description of how funds
appropriated by the Act are being used to improve fiscal
transparency including benchmarks for measuring progress.
The United States may support the assistance referenced in
subsection (d) if the recipient government has adopted laws,
regulations, or procedures that: (1) accurately account for and
publicly disclose payments to the government by companies
involved in the extraction and export of natural resources; (2)
include independent auditing of accounts receiving such
payments and the public disclosure of such audits; and (3)
require public disclosure of agreement and bidding documents,
as appropriate.
Foreign Assistance Website Consolidation.--In lieu of the
requirement under this heading in the Senate report, the
Secretary of State and USAID Administrator shall report to the
Committees on Appropriations, not later than 60 days after
enactment of the Act, on the process and timeline required to
consolidate Foreign Aid Explorer (FAE) and
ForeignAssistance.gov (FA.gov) into one database, which should
take effect not later than October 1, 2021. The report shall
include a description of: (1) the datasets captured on FAE and
FA.gov, including proposed steps to reconcile duplicative or
inconsistent data; (2) the timeline, cost, and systems changes
required to maintain functionality for unique reporting
requirements; (3) post-merger roles and responsibilities of
each agency to maintain the accuracy of data in the
consolidated database; and (4) a cost-sharing agreement, as
appropriate.
Section 7032. Democracy Programs (modified)
The agreement provides a total of not less than
$2,400,000,000 for democracy programs. Such funds are not
intended for attribution to other sector or program directives
included in the Act.
Subsection (a)(2) designates not less than $102,040,000 for
DRL for certain countries and regional programs. Such funds are
allocated according to the following table and subject to
section 7019 of the Act:
BUREAU OF DEMOCRACY, HUMAN RIGHTS, AND LABOR, DEPARTMENT OF STATE
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Account/Program Budget Authority
------------------------------------------------------------------------
Economic Support Fund
Burma............................................. 4,000
Maldives.......................................... 500
Near East Regional Democracy...................... 15,000
North Korea....................................... 4,000
People's Republic of China........................ 12,000
South Sudan....................................... 1,000
Sri Lanka......................................... 2,000
Sudan............................................. 1,000
Syria............................................. 11,000
Venezuela......................................... 10,000
Yemen............................................. 3,000
Human Rights Defenders Fund....................... 11,500
Assistance for Europe, Eurasia and Central Asia
Europe and Eurasia Regional....................... 22,000
of which, Internet Freedom........................ [4,500]
Uzbekistan........................................ 3,000
------------------------------------------------------------------------
International Freedom of Expression.--Funds made available
pursuant to subsection (i)(2) to defend freedom of expression
and the independence of the media abroad shall include
assistance to counter the use of criminal defamation laws and
extralegal means to restrict access to public information and
persecute members of civil society, including journalists,
bloggers, and citizen journalists, and to strengthen the
resilience of such individuals at local and national levels.
Modernization of Elections Assistance Report.--In lieu of
the directive to the NED President in the Senate report
regarding a report on the modernization of elections
assistance, the USAID Administrator shall submit such report,
in consultation with organizations with expertise in electoral
processes, in the manner described.
Section 7033. International Religious Freedom (modified)
The agreement includes not less than $10,000,000 under
Economic Support Fund for programs to protect and investigate
the persecution of religious minorities and not less than
$10,000,000 for international religious freedom programs under
Democracy Fund.
Section 7034. Special Provisions (modified)
The agreement extends the period of availability of a
portion of fiscal year 2019 funds appropriated for the Western
Hemisphere Drug Policy Commission until September 30, 2021.
Cultural Preservation Project Determination.--The Secretary
of State and USAID Administrator shall comply with the
directive under this heading in this section in the House
report.
Trafficking Case Update.--Not later than 30 days after
enactment of the Act, the Secretary of State shall submit a
report to the appropriate congressional committees detailing
steps taken by the Department of State during the previous
calendar year to encourage the Government of Malawi to make
full payment of the final judgment rendered in November 2016 in
the human trafficking case Lipenga v. Kambalame, United States
District Court for the District of Maryland, Case No. 8:14-cv-
03980.
Section 7035. Law Enforcement and Security (modified)
The Secretary of State shall submit the report on vetting
required by section 7049(d)(3) of division F of Public Law 116-
6 in the manner described.
Section 7036. Arab League Boycott of Israel (unchanged)
Section 7037. Palestinian Statehood (unchanged)
Section 7038. Prohibition on Assistance to the Palestinian
Broadcasting Corporation (unchanged)
Section 7039. Assistance for the West Bank and Gaza (unchanged)
Section 7040. Limitation on Assistance for the Palestinian
Authority (unchanged)
Section 7041. Middle East and North Africa (modified)
Egypt.--Funds for Egypt are allocated according to the
following table and subject to section 7019 of the Act:
EGYPT
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Account Budget Authority
------------------------------------------------------------------------
Economic Support Fund................................. 125,000
International Narcotics Control and Law Enforcement... 2,000
Nonproliferation, Anti-terrorism, Demining and Related 3,000
Programs.............................................
International Military Education and Training......... 1,800
Foreign Military Financing Program.................... 1,300,000
-----------------
Total............................................. 1,431,800
------------------------------------------------------------------------
Not later than 90 days after enactment of the Act, the
Secretary of State shall submit a report to the appropriate
congressional committees describing the implementation of
Egyptian Law 149/2019 and its impact on Egyptian and foreign
NGOs.
Not later than 45 days after enactment of the Act, the
USAID Administrator shall consult with the Committees on
Appropriations on the use of funds made available for
scholarships, including how such funds will be administered by
institutions of higher education in Egypt.
Iraq.--The Secretary of State shall submit the plan
required by section 7031(c)(3) of the Senate bill in the manner
described. Funds for Iraq are allocated according to the
following table and subject to section 7019 of the Act:
IRAQ
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Account/Program Budget Authority
------------------------------------------------------------------------
Economic Support Fund................................. 150,000
Marla Ruzicka Iraqi War Victims Fund.............. [7,500]
Scholarships...................................... [10,000]
International Narcotics Control and Law Enforcement... 5,600
Nonproliferation, Anti-terrorism, Demining and Related 45,000
Programs.............................................
International Military Education and Training......... 1,000
Foreign Military Financing Program.................... 250,000
------------------------------------------------------------------------
In carrying out the programs included in paragraph (1)(D)
of subsection (c), the Secretary of State shall work with the
Government of Iraq to ensure security forces reflect the ethno-
sectarian makeup of the areas in which they operate by
integrating local populations into such forces.
Jordan.--In addition to the amounts designated in the Act
for Economic Support Fund and Foreign Military Financing
Program for assistance for Jordan, the agreement includes not
less than $13,600,000 under Nonproliferation, Anti-terrorism,
Demining and Related Programs and not less than $4,000,000
under International Military Education and Training for
assistance for Jordan. Subsection (d) also makes an additional
$125,000,000 available for assistance for Jordan from prior
fiscal year Economic Support Fund.
Lebanon.-- The agreement provides assistance for Lebanon at
levels consistent with the prior fiscal year.
Libya.--The agreement includes not less than $40,000,000
under the Relief and Recovery Fund for stabilization assistance
for Libya, including support for a United Nations-facilitated
political process and border security.
Morocco.--Additional funds provided for Morocco under
Nonproliferation, Anti-terrorism, Demining and Related Programs
shall be used to address security threats emanating from Libya
and the Sahel. Funds for Morocco are allocated according to the
following table and are subject to section 7019 of the Act:
MOROCCO
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Account Budget Authority
------------------------------------------------------------------------
Development Assistance................................ 10,000
Economic Support Fund................................. 10,000
International Narcotics Control and Law Enforcement... 5,000
Nonproliferation, Anti-terrorism, Demining and Related 4,000
Programs.............................................
International Military Education and Training......... 2,000
Foreign Military Financing Program.................... 10,000
------------------------------------------------------------------------
Syria.--The agreement provides assistance to continue to
strengthen the capability of Syrian civil society organizations
to address the immediate and long-term needs of the Syrian
people in the manner described under this section in the House
report.
Tunisia.--The agreement provides not less than $191,400,000
for assistance for Tunisia. Such funds are allocated according
to the following table and subject to section 7019 of the Act:
TUNISIA
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Account Budget Authority
------------------------------------------------------------------------
Development Assistance................................ 40,000
Economic Support Fund................................. 45,000
International Narcotics Control and Law Enforcement... 13,000
Nonproliferation, Anti-terrorism, Demining and Related 6,100
Programs.............................................
International Military Education and Training......... 2,300
Foreign Military Financing Program.................... 85,000
-----------------
Total............................................. 191,400
------------------------------------------------------------------------
Subsection (j) makes an additional $50,000,000 available
for assistance for Tunisia from prior year Economic Support
Fund.
West Bank and Gaza.--The agreement provides $75,000,000
under International Narcotics Control and Law Enforcement for
security assistance programs for the West Bank and $75,000,000
under Economic Support Fund for the humanitarian and
development needs of the Palestinian people in the West Bank
and Gaza. Such funds shall be made available if the Anti
Terrorism Clarification Act of 2018 is amended to allow for
their obligation.
Not later than 60 days after enactment of the Act, the
Secretary of State shall update the report regarding assistance
for the West Bank and Gaza required under this heading in the
joint explanatory statement accompanying division F of Public
Law 116-6.
Yemen.--The agreement provides $40,000,000 under title III
of the Act and prior Acts for stabilization assistance for
Yemen, including for a contribution for United Nations
stabilization and governance facilities, and to meet the needs
of vulnerable populations, including women and girls.
Section 7042. Africa (modified)
Democratic Republic of the Congo.--The agreement provides
$1,500,000 for a new initiative to increase transparency,
equality, and accountability in the Democratic Republic of the
Congo, as described under this section in the Senate report.
The USAID Administrator shall consult with the Committees on
Appropriations on the proposed uses of funds for such
initiative.
Mali.--The agreement provides $8,000,000 for a new
partnership program to strengthen civil society in Mali. The
USAID Administrator shall consult with the Committees on
Appropriations on the proposed uses of funds for such
partnership.
Sudan.--The agreement includes new exclusions for
agriculture and economic growth programs from the limitation on
assistance for the Government of Sudan in subsection (i)(1),
and a new requirement that any new program or activity in Sudan
shall be subject to prior consultation with the appropriate
congressional committees. The agreement assumes assistance will
be made available to support the civilian-led transitional
government in Sudan utilizing the expanded exclusions in this
subsection and applicable notwithstanding authorities.
Section 7043. East Asia and the Pacific (modified)
Burma.--The agreement provides not less than $131,450,000
under title III of the Act for assistance for Burma, including
for the purposes described under this heading in the House and
Senate reports, and to further consolidate democracy following
anticipated elections in 2020. Funds are allocated for
assistance for Burma according to the following table and
subject to section 7019 of the Act:
BURMA
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Account/Program Budget Authority
------------------------------------------------------------------------
Development Assistance................................ 30,000
Higher education programs......................... [10,000]
Economic Support Fund................................. 65,000
Documentation of human rights violations.......... [3,750]
International Narcotics Control and Law Enforcement... 3,500
------------------------------------------------------------------------
Cambodia.--The agreement provides not less than $82,505,000
under title III of the Act for assistance for Cambodia. Funds
are allocated for assistance for Cambodia according to the
following table and subject to section 7019 of the Act:
CAMBODIA
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Account/Program Budget Authority
------------------------------------------------------------------------
Development Assistance................................ 58,000
Access to health and social services for survivors [5,000]
of the Khmer Rouge...............................
Environment programs.............................. [10,000]
Democracy programs................................ [23,000]
Youth empowerment and countering People's Republic [5,000]
of China influence...............................
Nonproliferation, Anti-terrorism, Demining and Related 7,000
Programs.............................................
------------------------------------------------------------------------
Indo-Pacific Strategy and the Asia Reassurance Initiative
Act of 2018.--The agreement provides a total of not less than
$2,542,000,000 to support implementation of the Indo-Pacific
Strategy (IPS) and Public Law 115-409, of which not less than
$760,000,000 is made available under title I for diplomatic
operations, public diplomacy, and democracy programs and not
less than $1,482,000,000 under titles III and IV.
Countering Chinese Influence Fund.--The agreement provides
not less than $300,000,000 for the Countering Chinese Influence
Fund. Funds are allocated according to the following table and
subject to section 7019 of the Act:
COUNTERING CHINESE INFLUENCE FUND
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Account/Program Budget Authority
------------------------------------------------------------------------
Development Assistance................................ 75,000
Economic Support Fund................................. 80,000
BRI transparency and accountability programs...... [25,000]
International Narcotics Control and Law Enforcement... 70,000
Countering transnational crime on the Mekong River [20,000]
Nonproliferation, Anti-terrorism, Demining and Related 25,000
Programs
Foreign Military Financing Program.................... 50,000
------------------------------------------------------------------------
Not later than 90 days after enactment of the Act, the
Department of the Treasury shall provide a report to the
Committees on Appropriations on United States efforts to ensure
that international financial institutions and other
multilateral entities are not supporting malign Chinese efforts
to finance natural resource extraction or infrastructure
projects in the Indo-Pacific and elsewhere around the world,
including through the Belt and Road Initiative (BRI). Such
report shall detail United States initiatives, including
through the multilateral development banks, to effectively
address predatory and opaque Chinese development financing that
may be used in support of Beijing's larger geopolitical
ambitions.
Indonesia.--Funds are allocated for assistance for
Indonesia according to the following table and subject to
section 7019 of the Act:
INDONESIA
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Account Budget Authority
------------------------------------------------------------------------
Development Assistance................................ 63,000
International Narcotics Control and Law Enforcement... 10,625
Nonproliferation, Anti-terrorism, Demining and Related 6,000
Programs.............................................
International Military Education and Training......... 2,650
Foreign Military Financing Program.................... 14,000
------------------------------------------------------------------------
Laos.--The agreement provides not less than $34,280,000
under title III of the Act for assistance for Laos. The
agreement includes funds for the DFC to carry out a feasibility
study and program in Laos, as appropriate, in the manner
described under this heading in the Senate report.
The agreement also includes $6,000,000 for maternal and
child health and nutrition programs for Laos under Global
Health Programs.
People's Republic of China.--The agreement provides not
less than $1,500,000 for democracy programs in Hong Kong.
Thailand.--The agreement includes funds for trilateral
programs with Thailand, which shall be subject to prior
consultation with the Committees on Appropriations. Funds are
allocated for assistance for Thailand according to the
following table and subject to section 7019 of the Act:
THAILAND
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Account/Program Budget Authority
------------------------------------------------------------------------
Development Assistance................................ 2,000
Economic Support Fund................................. 5,000
Democracy and reconciliation programs............. [4,000]
Trilateral programs............................... [1,000]
------------------------------------------------------------------------
Timor-Leste.--Funds are allocated for assistance for Timor-
Leste according to the following table and subject to section
7019 of the Act:
TIMOR-LESTE
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Account Budget Authority
------------------------------------------------------------------------
Development Assistance................................ 16,000
International Narcotics Control and Law Enforcement... 800
International Military Education and Training......... 500
------------------------------------------------------------------------
Vietnam.--The agreement provides not less than $159,634,000
for assistance for Vietnam. Funds are allocated for assistance
for Vietnam according to the following table and subject to
section 7019 of the Act:
VIETNAM
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Account/Program Budget Authority
------------------------------------------------------------------------
Development Assistance................................ 60,250
Higher education assistance/Vietnam Education [10,000]
Foundation Act of 2000...........................
Economic Support Fund................................. 30,000
Trilateral programs............................... [1,000]
Nonproliferation, Anti-terrorism, Demining and Related 17,500
Programs.............................................
Humanitarian demining............................. [17,500]
International Military Education and Training......... 1,800
Foreign Military Financing Program.................... 12,000
------------------------------------------------------------------------
Section 7044. South and Central Asia (modified)
Afghanistan.--Not later than 90 days after enactment of the
Act, the USAID Administrator shall consult with the Committees
on Appropriations on the proposed uses of funds for the Afghan
Civilian Assistance Program and the Pakistan Civilian
Assistance Program to assist civilians who have been harmed as
a result of military operations, which shall be implemented in
the manner described in the Senate report.
Not later than 45 days after enactment of the Act, the
Secretary of State, in consultation with the heads of other
relevant Federal departments and agencies, shall submit a
report to the appropriate congressional committees describing
the steps taken to meet the requirements of subsection
(a)(2)(A), including the detailed description required under
this heading in the Senate report.
Pakistan.--The agreement continues the terms and conditions
for assistance for Pakistan from the prior year, including the
requirement to withhold certain funds related to the release of
Dr. Shakil Afridi. The amount withheld reflects the ongoing
suspension of certain security assistance and significant
reductions in economic assistance made available for Pakistan.
The Secretary of State shall consult with the Committees on
Appropriations on the levels of assistance for Pakistan.
Sri Lanka.--For purposes of implementing subsection (e)(1),
the term ``democracy program'' shall be as defined in section
7032(c) of the Act.
Section 7045. Latin America and the Caribbean (modified)
Central America.--Subsection (a)(1) provides not less than
$519,885,000 for assistance for Belize, Costa Rica, El
Salvador, Guatemala, Honduras, Nicaragua, and Panama, including
through the Central America Regional Security Initiative.
Funds for assistance for Central America are allocated
according to the following table and subject to section 7019 of
the Act:
CENTRAL AMERICA
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Account/Program Budget Authority
------------------------------------------------------------------------
Development Assistance:
El Salvador....................................... 70,000
National Commission for the Search of Persons [1,000]
Disappeared in the Context of the Armed Conflict.....
Guatemala......................................... 65,650
Honduras.......................................... 65,000
Nicaragua......................................... 10,000
Democracy and Rule of Law..................... [10,000]
USAID Central America Regional.................... 5,000
-----------------
Subtotal, Development Assistance.................. 215,650
------------------------------------------------------------------------
Economic Support Fund:
State Western Hemisphere Regional
Central America Regional Security Initiative...... 100,000
-----------------
Subtotal, Economic Support Fund................... 100,000
-----------------
Inter-American Foundation............................. 10,000
------------------------------------------------------------------------
International Narcotics Control and Law Enforcement:
State Western Hemisphere Regional
Central America Regional Security Initiative...... 170,000
Offices of Attorneys General and other entities [45,000]
and activities to combat corruption and impunity.
of which, Mission to Support the Fight Against [3,500]
Corruption and Impunity in Honduras..............
Costa Rica........................................ [32,500]
DNA Forensic Assistance (Sec. 7034(b)(2))......... [8,000]
-----------------
Subtotal, International Narcotics Control and Law 170,000
Enforcement......................................
------------------------------------------------------------------------
Subtotal--Central America Regional Security 270,000
Initiative (non-add).............................
------------------------------------------------------------------------
Nonproliferation, Antiterrorism, Demining and Related
Programs:
Panama............................................ 500
-----------------
Subtotal, Nonproliferation, Antiterrorism, 500
Demining and Related Program.....................
------------------------------------------------------------------------
International Military Education and Training:
Costa Rica........................................ 725
Other Central America............................. 3,110
-----------------
Subtotal, International Military Education and 3,835
Training.........................................
Foreign Military Financing Program:
Belize............................................ 1,000
Costa Rica........................................ 7,500
El Salvador....................................... 1,900
Guatemala......................................... 0
Honduras.......................................... 0
Panama............................................ 2,000
State Western Hemisphere Regional................. 7,500
-----------------
Subtotal, Foreign Military Financing Program...... 19,900
Other Regional Programs
Combating Sexual and Gender-Based Violence (non- [20,000]
add from title III)..............................
-----------------
Total......................................... 519,885
------------------------------------------------------------------------
The agreement provides funds to establish a Central America
Partnership fund to increase coordination between the United
States and the Government of Mexico on development programs in
Central America.
The agreement includes not less than $45,000,000 for
support of offices of Attorneys General and other entities and
activities to combat corruption and impunity in Central
America. The Secretary of State and USAID Administrator shall
make such funds available for the purposes described under this
section in the House and Senate reports.
The agreement includes not less than $20,000,000 for
combating sexual and gender-based violence in El Salvador,
Guatemala, and Honduras. The Secretary of State and USAID
Administrator, as appropriate, shall comply with the strategy
development, reporting, and programmatic directives concerning
such activities included under this section in the House and
Senate reports.
In making a certification pursuant to subsection (a)(2)(A)
of this section concerning the governments of El Salvador,
Guatemala, and Honduras, the Secretary of State shall consider
the following: (1) relating to clause (i), whether such
government is: cooperating with commissions against corruption
and impunity and with regional human rights entities;
increasing the capacity and independence of the judiciary and
the Office of the Attorney General; and investigating and
prosecuting in the civilian justice system government personnel
who are credibly alleged to be corrupt or to have violated
human rights; (2) relating to clause (ii), whether such
government is: implementing tax reforms that increase
government revenue and transparency in the tax collection
system; and resolving commercial disputes, including but not
limited to the confiscation of real property and the timely
payment of amounts owed to United States entities; (3) relating
to clause (iii), whether such government is protecting the
right of political opposition parties and other members of
civil society to operate without interference; (4) relating to
clause (iv), whether such government is: creating a
professional, accountable civilian police force and ending the
role of the military in internal policing; and strengthening
customs agencies; (5) relating to clause (v), whether such
government is supporting programs to reduce poverty, expand
education and vocational training for at-risk youth, creating
jobs, and promoting equitable economic growth, particularly in
areas contributing to large numbers of migrants; and (6)
relating to clause (vii), whether such government is improving
the capacity to detect and prevent illegal migration, human
smuggling and trafficking, and trafficking of illicit drugs and
other contraband.
Costa Rica.--The agreement provides $40,725,000 for
assistance for Costa Rica, as designated in the table under
this section for Central America.
Guatemala and Honduras.--The agreement includes no funds
under Foreign Military Financing Program for assistance for
either Guatemala or Honduras, as proposed in the President's
budget request.
Northern Triangle Spend Plans.--Not later than 60 days
after enactment of the Act, the Secretary of State, in
consultation with the USAID Administrator, shall submit
detailed spend plans for El Salvador, Guatemala, and Honduras
with specific objectives and benchmarks for the use of
assistance made available by the Act.
Prior Fiscal Year.--Subsection (a)(1)(B) directs that not
less than $527,600,000 of the funds appropriated under titles
III and IV of division F of Public Law 116-6 should be made
available for assistance for Belize, Costa Rica, El Salvador,
Guatemala, Honduras, Nicaragua, and Panama. Such funds shall be
made available under the terms and conditions in this section
that apply to funds appropriated for fiscal year 2020 for
assistance for Northern Triangle countries.
Colombia.--Subsection (b)(1) provides not less than
$448,253,000 for assistance for Colombia. Funds are allocated
according to the following table and subject to section 7019 of
the Act:
COLOMBIA
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Account/Program Budget Authority
------------------------------------------------------------------------
Development Assistance................................ 61,000
Economic Support Fund................................. 146,328
Afro-Colombian and indigenous communities......... [20,000]
Human rights...................................... [10,000]
International Narcotics Control and Law Enforcement... 180,000
Rule of Law and Human Rights...................... [36,000]
of which, Justice Sector Institutional [19,000]
Strengthening and Reform.........................
Nonproliferation, Anti-terrorism, Demining and Related 21,000
Programs.............................................
International Military Education and Training......... 1,400
Foreign Military Financing Program.................... 38,525
Biodiversity...................................... [11,500]
-----------------
Total......................................... 448,253
------------------------------------------------------------------------
Pursuant to subsection (b)(1), funds appropriated under
titles III and IV of the Act that are made available for
assistance for Colombia shall be made available for programs
and activities that support efforts by the Government of
Colombia to: (1) assist communities impacted by significant
refugee and migrant populations; (2) implement the Colombian
peace agreement, including through assistance for expanding the
presence of civilian institutions in rural areas and for
vocational training and integration programs for former
combatants, in accordance with constitutional and legal
requirements in Colombia; (3) promote economic and social
development, including by improving access to areas impacted by
conflict through demining programs; (4) strengthen and expand
governance, the rule of law, access to justice, and respect for
human rights throughout Colombia; (5) conduct a unified
campaign against narcotics trafficking, organizations
designated as foreign terrorist organizations pursuant to
section 219 of the Immigration and Nationality Act (8 U.S.C.
1189), and other criminal or illegal armed groups; and (6)
enhance security and stability in Colombia and the region.
Haiti.--Subsection (c) directs that funds appropriated by
the Act under Economic Support Fund may not be made available
for assistance for the central Government of Haiti unless the
Secretary of State certifies to the Committees on
Appropriations that such Government is taking effective steps
to strengthen the rule of law, combat corruption, improve
governance and transparency, increase government revenues, and
resolve commercial disputes. The Act also prohibits the
provision of funds appropriated by the Act for assistance to
the armed forces of Haiti.
Mexico.--The agreement includes $157,910,000 for assistance
for Mexico. Funds are allocated according to the following
table and subject to section 7019 of the Act:
MEXICO
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Account Budget Authority
------------------------------------------------------------------------
Economic Support Fund................................. 50,000
International Narcotics Control and Law Enforcement... 100,000
Nonproliferation, Anti-terrorism, Demining and Related 1,160
Programs.............................................
International Military Education and Training......... 1,750
Foreign Military Financing Program.................... 5,000
-----------------
Total............................................. 157,910
------------------------------------------------------------------------
The Secretary of State shall follow the directive under
this section in the Senate report regarding Foreign Military
Financing Program assistance for Mexico. The Secretary of State
should not submit the report directed under this section in the
House report regarding Mexico.
The Caribbean.--Subsection (d) provides not less than
$60,000,000 for the Caribbean Basin Security Initiative (CBSI).
Funds are allocated according to the following table and
subject to section 7019 of the Act:
CARIBBEAN BASIN SECURITY INITIATIVE
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Account Budget Authority
------------------------------------------------------------------------
Economic Support Fund................................. 27,300
International Narcotics Control and Law Enforcement... 25,200
Foreign Military Financing Program.................... 7,500
-----------------
Total............................................. 60,000
------------------------------------------------------------------------
In addition to funds for CBSI, the Secretary of State and
USAID Administrator shall comply with the directive to expand
support for strengthening resilience to emergencies and natural
disasters and for other global health and development
assistance.
Venezuela.--Subsection (e)(1) provides not less than
$30,000,000 under Economic Support Fund for democracy programs
for Venezuela.
In addition, paragraph (2) directs that funds shall be made
available for assistance for communities in countries impacted
by refugees from Venezuela, including Colombia, Peru, Ecuador,
Curacao, and Trinidad and Tobago.
Not later than 60 days after enactment of the Act, the
Secretary of State, in consultation with the USAID
Administrator, shall submit to the appropriate congressional
committees a comprehensive strategy based on various political
transition scenarios in Venezuela. Such strategy shall include
a 3-year budget detailing anticipated levels of United States
assistance necessary to mitigate the crisis in Venezuela or
assist in a political transition, as relevant, including the
costs of addressing the needs of Venezuelan refugees in
neighboring countries.
Section 7046. Europe and Eurasia (modified)
Albania.--The agreement provides not less than the fiscal
year 2018 funding level for assistance for Albania, including
for programs to be implemented by USAID. Such assistance should
include programs targeting judicial reform, good governance,
counterterrorism, and defense cooperation. Accession to the
European Union by Albania is of strategic importance to the
United States, and the USAID transition in Albania should be
conditioned upon progress toward such outcome.
Georgia.--The agreement provides not less than $132,025,000
for assistance for Georgia. Funds are allocated according to
the following table and subject to section 7019 of the Act:
GEORGIA
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Account Budget Authority
------------------------------------------------------------------------
Assistance for Europe, Eurasia and Central Asia....... 83,025
International Narcotics Control and Law Enforcement... 5,700
Nonproliferation, Anti-terrorism, Demining and Related 1,100
Programs.............................................
International Military Education and Training......... 2,200
Foreign Military Financing Program.................... 35,000
------------------------------------------------------------------------
In addition to the funds specified above, the agreement
includes not less than $5,000,000 under Foreign Military
Financing Program for assistance for Georgia under the
Countering Russian Influence Fund.
Ukraine.--The agreement provides not less than $448,000,000
for assistance for Ukraine. Funds are allocated according to
the following table and subject to section 7019 of the Act:
UKRAINE
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Account Budget Authority
------------------------------------------------------------------------
Assistance for Europe, Eurasia and Central Asia....... 250,000
International Narcotics Control and Law Enforcement... 30,000
Nonproliferation, Anti-terrorism, Demining and Related 15,000
Programs.............................................
International Military Education and Training......... 2,900
Foreign Military Financing Program.................... 115,000
------------------------------------------------------------------------
The agreement includes additional assistance under Global
Health Programs for Ukraine.
Section 7047. Countering Russian Influence and Aggression
(modified)
Countering Russian Influence Fund.--The agreement provides
not less than $290,000,000 for the Countering Russian Influence
Fund, which is in addition to amounts made available for
bilateral assistance for countries in Europe, Eurasia and
Central Asia. Funds are allocated according to the following
table and subject to section 7019 of the Act:
COUNTERING RUSSIAN INFLUENCE FUND
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Account Budget Authority
------------------------------------------------------------------------
Assistance for Europe, Eurasia and Central Asia....... 85,000
International Narcotics Control and Law Enforcement... 62,500
International Military Education and Training......... 5,000
Foreign Military Financing Program.................... 137,500
------------------------------------------------------------------------
Pursuant to subsection (e), not later than 90 days after
enactment of the Act, the Secretary of State, in consultation
with the USAID Administrator, shall submit to the appropriate
congressional committees a comprehensive, multiyear strategy
for the promotion of democracy and rule of law in the Russian
Federation and other countries in Europe, Eurasia and Central
Asia, including Central Europe. The strategy shall include cost
estimates for fiscal years 2020-2023, objectives, and oversight
mechanisms for such programs on a country-by-country basis. The
strategy shall describe the role of civil society organizations
in the promotion of democracy and rule of law in Europe,
Eurasia, and Central Asia, and detail planned support for such
organizations in the implementation of such strategy.
Section 7048. United Nations (modified)
Transparency and Accountability.--The agreement includes a
withholding of funds, similar to prior years, for the United
Nations (including for the United Nations Department of
Peacekeeping Operations), any United Nations agency, and the
Organization of American States, until the Secretary of State
determines and reports that such entities are meeting certain
transparency and accountability standards.
Section 7049. War Crimes Tribunals (modified)
Section 7050. Global Internet Freedom (modified)
The agreement provides not less than $65,500,000 for
programs to promote Internet freedom globally, of which
$20,000,000 is from funds appropriated under United States
Agency for Global Media, International Broadcasting Operations.
Funds for activities appropriated under title III of the Act
are allocated according to the following table and subject to
section 7019 of the Act:
GLOBAL INTERNET FREEDOM
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Account/Program Budget Authority
------------------------------------------------------------------------
Economic Support Fund................................. 22,025
Near East Regional Democracy...................... [16,750]
Democracy Fund (Department of State).................. 14,000
Democracy Fund (USAID)................................ 3,500
Assistance for Europe, Eurasia and Central Asia....... 5,975
------------------------------------------------------------------------
Section 7051. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment (unchanged)
Section 7052. Aircraft Transfer, Coordination, and Use
(unchanged)
Section 7053. Parking Fines and Real Property Taxes Owed by
Foreign Governments (unchanged)
Section 7054. International Monetary Fund (unchanged)
Section 7055. Extradition (unchanged)
Section 7056. Impact on Jobs in the United States (modified)
Section 7057. United Nations Population Fund (unchanged)
Section 7058. Global Health Activities (modified)
The USAID Administrator shall not carry out the directive
under the heading ``Implementers'' under section 7045 of the
Senate report.
The agreement includes authority to reprogram $10,000,000
of Global Health Program funds to the Emergency Reserve Fund if
necessary to replenish amounts used during fiscal year 2020 to
respond to emerging health threats.
Section 7059. Gender Equality (modified)
Pursuant to subsection (c), gender programs should
incorporate coordinated efforts to combat a variety of forms of
gender-based violence, including child, early, and forced
marriage, rape, female genital cutting and mutilation, and
domestic violence, in conflict and non-conflict settings.
The agreement provides up to $100,000,000 for the Women's
Global Development and Prosperity Fund and notes the allocation
of $200,000,000 to such Fund prior to the initial justification
of the Fund in the fiscal year 2020 budget request.
Section 7060. Sector Allocations (modified)
Basic Education.--Of the funds made available by subsection
(a)(1)(B), $100,000,000 is included for the Global Partnership
for Education and $25,000,000 is included for Education Cannot
Wait. The USAID Administrator shall consult with the Committees
on Appropriations on such contributions to ensure adequate
monitoring, evaluation, effectiveness, and sustainability of
programs.
If the USAID Administrator determines that unobligated
balances for basic education exceed the absorptive capacity of
the country they are designated for, funds can be reprogrammed,
following consultation with the Committees on Appropriations,
for other development programs.
The agreement includes not less than the fiscal year 2018
level for USAID's Higher Education Solutions Network.
Environment Programs.--Subsection (c) includes authority
for environment programs, subject to the regular notification
procedures of the Committees on Appropriations.
The agreement includes not less than $43,000,000 for the
Central Africa Regional Program for the Environment (CARPE), of
which $24,900,000 is for USAID programs and $18,100,000 is to
be transferred to the United States Fish and Wildlife Service
(USFWS) pursuant to 632(b) of the FAA. CARPE funds transferred
to USFWS are intended for protected areas management and
wildlife protection in national parks.
Funds under this heading directed for transfer to other
Federal agencies for environment programs should maximize the
unique capabilities and technical expertise of such agencies
through transfers pursuant to 632(b) of the FAA. Transfers
shall occur not later than 90 days after enactment of the Act
and may be made prior to the requirements of sections 7015 and
7061 of the Act having been met. Prior to the expenditure of
funds, and after consultation with USAID, receiving agencies
shall submit spend plans to the Committees on Appropriations
and USAID detailing the intended uses of such funds.
Funds for certain bilateral environment programs are
allocated according to the following table and subject to
section 7019 of the Act:
ENVIRONMENT PROGRAMS
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Account/Program Budget Authority
------------------------------------------------------------------------
Andean Amazon......................................... 23,500
Brazilian Amazon...................................... 15,000
Amazon fires...................................... [5,000]
Central Africa Regional Program for the Environment 43,000
USAID............................................. [24,900]
United States Fish and Wildlife Service........... [18,100]
Great Apes............................................ 40,000
USAID............................................. [33,500]
United States Fish and Wildlife Service........... [6,500]
Guatemala/Belize...................................... 5,500
USAID............................................. [3,750]
Department of the Interior........................ [1,750]
Lacey Act............................................. 3,500
United States Fish and Wildlife Service............... 6,000
Migratory bird conservation....................... [1,500]
Endangered sea turtles............................ [150]
United States Forest Service.......................... 7,000
Ocean Plastic Pollution............................... 5,000
Toxic Chemicals....................................... 7,000
Waste Recycling....................................... 7,000
------------------------------------------------------------------------
Funding for USAID great apes programs includes not less
than $5,500,000 for the USAID/Indonesia orangutan conservation
program.
National Parks and Protected Areas.--In lieu of the
requirement under this heading in the Senate report, funds made
available for national parks and protected areas should only be
made available if agreements for the obligation of funds
between implementing partners and the Department of State and
USAID include provisions requiring that: (1) information
detailing the proposed project and potential impacts is shared
with local communities and the free, prior, and informed
consent of affected indigenous communities is obtained in
accordance with international standards; (2) the potential
impacts of the proposed project on existing land or resource
claims by affected local communities or indigenous peoples are
considered and addressed in any management plan; (3) any eco-
guards, park rangers, and other law enforcement personnel
authorized to protect biodiversity will be properly trained and
monitored; and (4) effective grievance and redress mechanisms
for victims of human rights violations and other misconduct
exist.
Funds made available for the management of national parks
and protected areas may be made available to support
implementation of the above requirements, and implementing
partners shall provide information on these requirements to the
Department of State and USAID on request. The Secretary of
State and USAID Administrator shall consult with the Committees
on Appropriations not later than 45 days after enactment of the
Act on the implementation of these requirements.
Climate.--The Secretary of State shall not carry out the
reporting directive under the heading ``Climate'' under section
7060 of the House report.
International Food Security.--In lieu of the Senate report
on international food security unobligated balances, the
agreement directs the USAID Administrator to submit a report to
the Committees on Appropriations not later than 30 days after
enactment of the Act and every 90 days thereafter until
September 30, 2020, detailing the amount of funds obligated and
the unobligated balances for food security-related activities
funded under International Disaster Assistance and Development
Assistance. The USAID Administrator shall consult with the
Committees on Appropriations prior to the submission of such
report.
Section 7061. Budget Documents (modified)
The Act requires all spend plans to be submitted not later
than 90 days after enactment of the Act. However, the Secretary
of State and USAID Administrator, as applicable, may submit
partial spend plans to the Committees on Appropriations to meet
such requirement following consultation with the Committees on
Appropriations. Such spend plans shall clearly identify any
amount remaining to be submitted, any amount previously
submitted, and any actual or projected changes to the total
required amount.
Section 7062. Reorganization (modified)
Section 7063. Department of State Management (modified)
The agreement includes funding for not less than 12,870
permanent Civil Service staff and 13,031 permanent Foreign
Service Officers, consistent with the number of staff funded in
the Department's fiscal year 2019 operational plan under
Diplomatic Engagement and on-board staffing levels in fiscal
year 2016, restoring State Department personnel to pre-hiring
freeze levels.
Section 7064. United States Agency for International
Development Management (modified)
The agreement includes funding under Operating Expenses for
not less than 1,600 permanent Civil Service staff and 1,850
permanent Foreign Service Officers, consistent with staffing
levels funded in fiscal year 2016 and restoring USAID personnel
to pre-hiring freeze levels. Not later than 60 days after
enactment of the Act, the USAID Administrator shall provide the
Committees on Appropriations a strategic workforce plan,
including staffing allocations by region and bureau, consistent
with the increased staffing levels funded in the agreement. In
order to meet these new hiring targets, the USAID Administrator
is directed to use its strategic workforce plan to guide and
appropriately prioritize civil service hiring and to suspend
the further use of a centralized hiring board to approve hiring
actions on a position-by-position basis.
Section 7065. Stabilization and Development in Regions Impacted
by Extremism and Conflict (modified)
Relief and Recovery Fund.--The agreement provides not less
than $200,000,000 for the Relief and Recovery Fund, of which
$85,000,000 is under Economic Support Fund, $25,000,000 is
under International Narcotics Control and Law Enforcement,
$25,000,000 is under Nonproliferation, Anti-terrorism, Demining
and Related Programs, $40,000,000 is under Peacekeeping
Operations, and $25,000,000 is under Foreign Military Financing
Program.
The agreement includes funds to implement the Global
Fragility Act of 2019, including for the Global Fragility Fund
authorized by such Act, if such Act is enacted into law.
Section 7066. Disability Programs (modified)
Section 7067. Debt-for-Development (unchanged)
Section 7068. Enterprise Funds (unchanged)
Section 7069. Rescissions (modified)
The agreement rescinds $578,744,000, of which $282,462,000
is designated for OCO/GWOT pursuant to the BBEDCA. Of the
total, $232,000,000 is from unobligated Economic Support Fund
balances, $242,462,000 is from embassy construction projects
for which there are no longer existing requirements,
$40,000,000 is from unobligated Complex Crises Fund balances,
and $64,282,000 is from unobligated Export-Import Bank tied-aid
balances.
The Act does not include the following general provisions
from division F of Public Law 116-6: Section 7037, Section
7050, Section 7051, Section 7063, and Section 7064.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
=======================================================================
[House Appropriations Committee Print]
Consolidated Appropriations Act, 2020
(H.R. 1865; P.L. 116-94)
DIVISION H--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2020
=======================================================================
DIVISION H--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2020
TITLE I
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
salaries and expenses
For necessary expenses of the Office of the Secretary,
$115,490,000, of which not to exceed $3,100,000 shall be
available for the immediate Office of the Secretary; not to
exceed $1,000,000 shall be available for the immediate Office
of the Deputy Secretary; not to exceed $21,000,000 shall be
available for the Office of the General Counsel; not to exceed
$10,500,000 shall be available for the Office of the Under
Secretary of Transportation for Policy; not to exceed
$15,000,000 shall be available for the Office of the Assistant
Secretary for Budget and Programs; not to exceed $2,650,000
shall be available for the Office of the Assistant Secretary
for Governmental Affairs; not to exceed $29,244,000 shall be
available for the Office of the Assistant Secretary for
Administration; not to exceed $2,142,000 shall be available for
the Office of Public Affairs; not to exceed $1,859,000 shall be
available for the Office of the Executive Secretariat; not to
exceed $12,181,000 shall be available for the Office of
Intelligence, Security, and Emergency Response; and not to
exceed $16,814,000 shall be available for the Office of the
Chief Information Officer: Provided, That the Secretary of
Transportation is authorized to transfer funds appropriated for
any office of the Office of the Secretary to any other office
of the Office of the Secretary: Provided further, That no
appropriation for any office shall be increased or decreased by
more than 7 percent by all such transfers: Provided further,
That notice of any change in funding greater than 7 percent
shall be submitted for approval to the House and Senate
Committees on Appropriations: Provided further, That not to
exceed $60,000 shall be for allocation within the Department
for official reception and representation expenses as the
Secretary may determine: Provided further, That
notwithstanding any other provision of law, excluding fees
authorized in Public Law 107-71, there may be credited to this
appropriation up to $2,500,000 in funds received in user fees:
Provided further, That none of the funds provided in this Act
shall be available for the position of Assistant Secretary for
Public Affairs.
research and technology
For necessary expenses related to the Office of the Assistant
Secretary for Research and Technology, $21,000,000, of which
$14,218,000 shall remain available until expended for (1)
$5,000,000 for new competitive grants under section 5505 of
title 49, United States Code, for Tier I University
Transportation Centers, (2) $1,000,000 for the establishment of
an emergency planning transportation data initiative to conduct
research and develop models for data integration of geo-located
weather and roadways information for emergency and other severe
weather conditions to improve public safety and emergency
evacuation and response capabilities, (3) $1,000,000 for the
Secretary of Transportation to enter into an agreement with the
National Academies of Sciences, Engineering, and Medicine to
conduct a study through the Transportation Research Board on
effective ways to measure the resilience of transportation
systems and services to natural disasters, natural hazards, and
other potential disruptions, and (4) $5,000,000 for the
establishment of a Highly Automated Systems Safety Center of
Excellence as required in section 105 of this Act: Provided,
That such amounts are in addition to amounts previously
provided for Tier I University Transportation Centers:
Provided further, That such amounts for additional Tier I
University Transportation Centers under this heading are
provided notwithstanding section 5505(c)(4)(A) of title 49,
United States Code: Provided further, That there may be
credited to this appropriation, to be available until expended,
funds received from States, counties, municipalities, other
public authorities, and private sources for expenses incurred
for training: Provided further, That any reference in law,
regulation, judicial proceedings, or elsewhere to the Research
and Innovative Technology Administration shall continue to be
deemed to be a reference to the Office of the Assistant
Secretary for Research and Technology of the Department of
Transportation.
national infrastructure investments
For capital investments in surface transportation
infrastructure, $1,000,000,000, to remain available through
September 30, 2022: Provided, That the Secretary of
Transportation shall distribute funds provided under this
heading as discretionary grants to be awarded to a State, local
government, transit agency, port authority, or a collaboration
among such entities on a competitive basis for projects that
will have a significant local or regional impact: Provided
further, That projects eligible for funding provided under this
heading shall include, but not be limited to, highway or bridge
projects eligible under title 23, United States Code; public
transportation projects eligible under chapter 53 of title 49,
United States Code; passenger and freight rail transportation
projects; port infrastructure investments (including inland
port infrastructure and land ports of entry); and projects
investing in surface transportation facilities that are located
on tribal land and for which title or maintenance
responsibility is vested in the Federal Government: Provided
further, That of the amount made available under this heading,
the Secretary shall use an amount not less than $15,000,000 for
the planning, preparation or design of projects eligible for
funding under this heading: Provided further, That grants
awarded under the previous proviso shall not be subject to a
minimum grant size: Provided further, That the Secretary may
use up to 20 percent of the funds made available under this
heading for the purpose of paying the subsidy and
administrative costs of projects eligible for Federal credit
assistance under chapter 6 of title 23, United States Code, or
sections 501 through 504 of the Railroad Revitalization and
Regulatory Reform Act of 1976 (Public Law 94-210), as amended,
if the Secretary finds that such use of the funds would advance
the purposes of this paragraph: Provided further, That in
distributing funds provided under this heading, the Secretary
shall take such measures so as to ensure an equitable
geographic distribution of funds, an appropriate balance in
addressing the needs of urban and rural areas, and the
investment in a variety of transportation modes: Provided
further, That a grant funded under this heading shall be not
less than $5,000,000 and not greater than $25,000,000:
Provided further, That not more than 10 percent of the funds
made available under this heading may be awarded to projects in
a single State: Provided further, That the Federal share of
the costs for which an expenditure is made under this heading
shall be, at the option of the recipient, up to 80 percent:
Provided further, That the Secretary shall give priority to
projects that require a contribution of Federal funds in order
to complete an overall financing package: Provided further,
That an award under this heading is an urban award if it is to
a project located within or on the boundary of an Urbanized
Area (UA), as designated by the U.S. Census Bureau, that had a
population greater than 200,000 in the 2010 Census: Provided
further, That for the purpose of determining if an award for
planning, preparation or design is an urban award, the project
location is the location of the project being planned, prepared
or designed: Provided further, That each award under this
heading that is not an urban award is a rural award: Provided
further, That of the funds awarded under this heading, not more
than 50 percent shall be awarded as urban awards and rural
awards, respectively: Provided further, That for rural awards,
the minimum grant size shall be $1,000,000 and the Secretary
may increase the Federal share of costs above 80 percent:
Provided further, That projects conducted using funds provided
under this heading must comply with the requirements of
subchapter IV of chapter 31 of title 40, United States Code:
Provided further, That the Secretary shall conduct a new
competition to select the grants and credit assistance awarded
under this heading: Provided further, That the Secretary may
retain up to $25,000,000 of the funds provided under this
heading, and may transfer portions of those funds to the
Administrators of the Federal Highway Administration, the
Federal Transit Administration, the Federal Railroad
Administration, and the Maritime Administration to fund the
award and oversight of grants and credit assistance made under
the National Infrastructure Investments program: Provided
further, That none of the funds provided in the previous
proviso may be used to hire additional personnel: Provided
further, That the Secretary shall consider and award projects
based solely on the selection criteria from the fiscal year
2017 Notice of Funding Opportunity: Provided further, That,
notwithstanding the previous proviso, the Secretary shall not
use the Federal share or an applicant's ability to generate
non-Federal revenue as a selection criteria in awarding
projects: Provided further, That the Secretary shall issue the
Notice of Funding Opportunity no later than 60 days after
enactment of this Act: Provided further, That such Notice of
Funding Opportunity shall require application submissions 90
days after the publishing of such Notice: Provided further,
That of the applications submitted under the previous two
provisos, the Secretary shall make grants no later than 270
days after enactment of this Act in such amounts that the
Secretary determines: Provided further, That such sums
provided for national infrastructure investments for multimodal
safety projects under title VIII of division F of the
Consolidated and Further Continuing Appropriations Act, 2013
(Public Law 113-6; 127 Stat. 423) shall remain available
through fiscal year 2024 for the liquidation of valid
obligations of active grants awarded with this funding:
Provided further, That the preceding proviso shall be applied
as if it were in effect on September 30, 2019.
national surface transportation and innovative finance bureau
For necessary expenses of the National Surface Transportation
and Innovative Finance Bureau as authorized by 49 U.S.C. 116,
$5,000,000, to remain available until expended: Provided, That
the Secretary shall notify the House and Senate Committees on
Appropriations no less than 15 days prior to exercising the
transfer authority granted under section 116(h) of title 49,
United States Code.
financial management capital
For necessary expenses for upgrading and enhancing the
Department of Transportation's financial systems and re-
engineering business processes, $2,000,000, to remain available
through September 30, 2021.
cyber security initiatives
For necessary expenses for cyber security initiatives,
including necessary upgrades to wide area network and
information technology infrastructure, improvement of network
perimeter controls and identity management, testing and
assessment of information technology against business,
security, and other requirements, implementation of Federal
cyber security initiatives and information infrastructure
enhancements, and implementation of enhanced security controls
on network devices, $15,000,000, to remain available through
September 30, 2021.
office of civil rights
For necessary expenses of the Office of Civil Rights,
$9,470,000.
transportation planning, research, and development
For necessary expenses for conducting transportation
planning, research, systems development, development
activities, and making grants, $10,879,000, to remain available
until expended: Provided, That of such amount, $1,000,000
shall be for necessary expenses of the Interagency
Infrastructure Permitting Improvement Center (IIPIC): Provided
further, That there may be transferred to this appropriation,
to remain available until expended, amounts transferred from
other Federal agencies for expenses incurred under this heading
for IIPIC activities not related to transportation
infrastructure: Provided further, That the tools and analysis
developed by the IIPIC shall be available to other Federal
agencies for the permitting and review of major infrastructure
projects not related to transportation only to the extent that
other Federal agencies provide funding to the Department as
provided for under the previous proviso.
working capital fund
For necessary expenses for operating costs and capital
outlays of the Working Capital Fund, not to exceed
$319,793,000, shall be paid from appropriations made available
to the Department of Transportation: Provided, That such
services shall be provided on a competitive basis to entities
within the Department of Transportation: Provided further,
That the above limitation on operating expenses shall not apply
to non-DOT entities: Provided further, That no funds
appropriated in this Act to an agency of the Department shall
be transferred to the Working Capital Fund without majority
approval of the Working Capital Fund Steering Committee and
approval of the Secretary: Provided further, That no
assessments may be levied against any program, budget activity,
subactivity or project funded by this Act unless notice of such
assessments and the basis therefor are presented to the House
and Senate Committees on Appropriations and are approved by
such Committees.
small and disadvantaged business utilization and outreach
For necessary expenses for small and disadvantaged business
utilization and outreach activities, $4,646,000, to remain
available until September 30, 2021: Provided, That
notwithstanding 49 U.S.C. 332, these funds may be used for
business opportunities related to any mode of transportation:
Provided further, That appropriations made available under this
heading shall be available for any purpose consistent with
prior year appropriations that were made available under the
heading ``Minority Business Resource Center Program''.
payments to air carriers
(airport and airway trust fund)
In addition to funds made available from any other source to
carry out the essential air service program under 49 U.S.C.
41731 through 41742, $162,000,000, to be derived from the
Airport and Airway Trust Fund, to remain available until
expended: Provided, That in determining between or among
carriers competing to provide service to a community, the
Secretary may consider the relative subsidy requirements of the
carriers: Provided further, That basic essential air service
minimum requirements shall not include the 15-passenger
capacity requirement under section 41732(b)(3) of title 49,
United States Code: Provided further, That none of the funds
in this Act or any other Act shall be used to enter into a new
contract with a community located less than 40 miles from the
nearest small hub airport before the Secretary has negotiated
with the community over a local cost share: Provided further,
That amounts authorized to be distributed for the essential air
service program under section 41742(b) of title 49, United
States Code, shall be made available immediately from amounts
otherwise provided to the Administrator of the Federal Aviation
Administration: Provided further, That the Administrator may
reimburse such amounts from fees credited to the account
established under section 45303 of title 49, United States
Code.
administrative provisions--office of the secretary of transportation
Sec. 101. None of the funds made available in this Act to
the Department of Transportation may be obligated for the
Office of the Secretary of Transportation to approve
assessments or reimbursable agreements pertaining to funds
appropriated to the modal administrations in this Act, except
for activities underway on the date of enactment of this Act,
unless such assessments or agreements have completed the normal
reprogramming process for Congressional notification.
Sec. 102. The Secretary shall post on the Web site of the
Department of Transportation a schedule of all meetings of the
Council on Credit and Finance, including the agenda for each
meeting, and require the Council on Credit and Finance to
record the decisions and actions of each meeting.
Sec. 103. In addition to authority provided by section 327
of title 49, United States Code, the Department's Working
Capital Fund is hereby authorized to provide partial or full
payments in advance and accept subsequent reimbursements from
all Federal agencies from available funds for transit benefit
distribution services that are necessary to carry out the
Federal transit pass transportation fringe benefit program
under Executive Order No. 13150 and section 3049 of Public Law
109-59: Provided, That the Department shall maintain a
reasonable operating reserve in the Working Capital Fund, to be
expended in advance to provide uninterrupted transit benefits
to Government employees: Provided further, That such reserve
will not exceed one month of benefits payable and may be used
only for the purpose of providing for the continuation of
transit benefits: Provided further, That the Working Capital
Fund will be fully reimbursed by each customer agency from
available funds for the actual cost of the transit benefit.
Sec. 104. No later than May 1, 2020, the Secretary shall
announce the selection of all projects to receive awards for
all competitive grants provided in Public Law 116-6 under the
headings: ``Federal Railroad Administration--Federal-State
Partnership for State of Good Repair'', ``Federal Railroad
Administration--Consolidated Rail Infrastructure and Safety
Improvements'', ``Federal Railroad Administration--Restoration
and Enhancement'', ``Federal Railroad Administration--Magnetic
Levitation Technology Deployment Program'', and ``Maritime
Administration--Port Infrastructure Development Program''.
Sec. 105. (a) The Secretary shall establish a Highly
Automated Systems Safety Center of Excellence within the
Department of Transportation, in order to have a Department of
Transportation workforce capable of reviewing, assessing, and
validating the safety of automated technologies.
(b) The Highly Automated Systems Safety Center of Excellence
shall--
(1) serve as a central location within the Department
of Transportation for expertise in automation and human
factors, computer science, data analytics, machine
learning, sensors, and other technologies involving
automated systems;
(2) collaborate with and provide support on highly
automated systems to all Operating Administrations of
the Department of Transportation; and
(3) have a workforce composed of Department of
Transportation employees, including direct hires or
detailees from Operating Administrations of the
Department of Transportation and other Federal
agencies.
(c) Employees of the Highly Automated Systems Safety Center
of Excellence, in conjunction with the relevant Operating
Administrations of the Department of Transportation, shall
review, assess, and validate highly automated systems to ensure
their safety.
(d) The Highly Automated Systems Safety Center of Excellence
shall not supersede laws or regulations granting certification
authorities to Operating Administrations of the Department of
Transportation.
(e) No later than 90 days after the date of enactment of this
Act, the Secretary shall report to the Committees on
Appropriations of the House of Representatives and the Senate
on staffing needs and the staffing plan for the Highly
Automated Systems Safety Center of Excellence.
Sec. 106. None of the funds made available by this Act shall
be used to terminate the Intelligent Transportation System
Program Advisory Committee established under section 5305(h) of
SAFETEA-LU (23 U.S.C. 512 note; Public Law 109-59).
Federal Aviation Administration
operations
(airport and airway trust fund)
For necessary expenses of the Federal Aviation
Administration, not otherwise provided for, including
operations and research activities related to commercial space
transportation, administrative expenses for research and
development, establishment of air navigation facilities, the
operation (including leasing) and maintenance of aircraft,
subsidizing the cost of aeronautical charts and maps sold to
the public, the lease or purchase of passenger motor vehicles
for replacement only, $10,630,000,000, to remain available
until September 30, 2021, of which $10,519,000,000 shall be
derived from the Airport and Airway Trust Fund: Provided, That
of the sums appropriated under this heading--
(1) not less than $1,404,096,000 shall be available
for aviation safety activities;
(2) $7,970,734,000 shall be available for air traffic
organization activities;
(3) $26,040,000 shall be available for commercial
space transportation activities;
(4) $800,646,000 shall be available for finance and
management activities;
(5) $61,538,000 shall be available for NextGen and
operations planning activities;
(6) $118,642,000 shall be available for security and
hazardous materials safety; and
(7) $248,304,000 shall be available for staff
offices:
Provided further, That not to exceed 5 percent of any budget
activity, except for aviation safety budget activity, may be
transferred to any budget activity under this heading:
Provided further, That no transfer may increase or decrease any
appropriation by more than 5 percent: Provided further, That
any transfer in excess of 5 percent shall be treated as a
reprogramming of funds under section 405 of this Act and shall
not be available for obligation or expenditure except in
compliance with the procedures set forth in that section:
Provided further, That not later than 60 days after the
submission of the budget request, the Administrator of the
Federal Aviation Administration shall transmit to Congress an
annual update to the report submitted to Congress in December
2004 pursuant to section 221 of Public Law 108-176: Provided
further, That the amount herein appropriated shall be reduced
by $100,000 for each day after the date that is 60 days after
the submission of the budget request that such report has not
been submitted to the Congress: Provided further, That not
later than 60 days after the submission of the budget request,
the Administrator shall transmit to Congress a companion report
that describes a comprehensive strategy for staffing, hiring,
and training flight standards and aircraft certification staff
in a format similar to the one utilized for the controller
staffing plan, including stated attrition estimates and
numerical hiring goals by fiscal year: Provided further, That
the amount herein appropriated shall be reduced by $100,000 per
day for each day after the date that is 60 days after the
submission of the budget request that such report has not been
submitted to Congress: Provided further, That funds may be
used to enter into a grant agreement with a nonprofit standard-
setting organization to assist in the development of aviation
safety standards: Provided further, That none of the funds in
this Act shall be available for new applicants for the second
career training program: Provided further, That none of the
funds in this Act shall be available for the Federal Aviation
Administration to finalize or implement any regulation that
would promulgate new aviation user fees not specifically
authorized by law after the date of the enactment of this Act:
Provided further, That there may be credited to this
appropriation, as offsetting collections, funds received from
States, counties, municipalities, foreign authorities, other
public authorities, and private sources for expenses incurred
in the provision of agency services, including receipts for the
maintenance and operation of air navigation facilities, and for
issuance, renewal or modification of certificates, including
airman, aircraft, and repair station certificates, or for tests
related thereto, or for processing major repair or alteration
forms: Provided further, That of the funds appropriated under
this heading, not less than $170,000,000 shall be used to fund
direct operations of the current air traffic control towers in
the contract tower program, including the contract tower cost
share program, and any airport that is currently qualified or
that will qualify for the program during the fiscal year:
Provided further, That none of the funds in this Act for
aeronautical charting and cartography are available for
activities conducted by, or coordinated through, the Working
Capital Fund: Provided further, That none of the funds
appropriated or otherwise made available by this Act or any
other Act may be used to eliminate the Contract Weather
Observers program at any airport.
facilities and equipment
(airport and airway trust fund)
For necessary expenses, not otherwise provided for, for
acquisition, establishment, technical support services,
improvement by contract or purchase, and hire of national
airspace systems and experimental facilities and equipment, as
authorized under part A of subtitle VII of title 49, United
States Code, including initial acquisition of necessary sites
by lease or grant; engineering and service testing, including
construction of test facilities and acquisition of necessary
sites by lease or grant; construction and furnishing of
quarters and related accommodations for officers and employees
of the Federal Aviation Administration stationed at remote
localities where such accommodations are not available; and the
purchase, lease, or transfer of aircraft from funds available
under this heading, including aircraft for aviation regulation
and certification; to be derived from the Airport and Airway
Trust Fund, $3,045,000,000, of which $515,000,000 shall remain
available until September 30, 2021, $2,409,473,000 shall remain
available until September 30, 2022, and $120,527,000 shall
remain available until expended: Provided, That there may be
credited to this appropriation funds received from States,
counties, municipalities, other public authorities, and private
sources, for expenses incurred in the establishment,
improvement, and modernization of national airspace systems:
Provided further, That not later than 60 days after submission
of the budget request, the Secretary of Transportation shall
transmit to the Congress an investment plan for the Federal
Aviation Administration which includes funding for each budget
line item for fiscal years 2021 through 2025, with total
funding for each year of the plan constrained to the funding
targets for those years as estimated and approved by the Office
of Management and Budget.
research, engineering, and development
(airport and airway trust fund)
For necessary expenses, not otherwise provided for, for
research, engineering, and development, as authorized under
part A of subtitle VII of title 49, United States Code,
including construction of experimental facilities and
acquisition of necessary sites by lease or grant, $192,665,000,
to be derived from the Airport and Airway Trust Fund and to
remain available until September 30, 2022: Provided, That
there may be credited to this appropriation as offsetting
collections, funds received from States, counties,
municipalities, other public authorities, and private sources,
which shall be available for expenses incurred for research,
engineering, and development: Provided further, That funds
made available under this heading shall be used in accordance
with the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act):
Provided further, That not to exceed 10 percent of any funding
level specified under this heading in the explanatory statement
described in section 4 (in the matter preceding division A of
this consolidated Act) may be transferred to any other funding
level specified under this heading in the explanatory statement
described in section 4 (in the matter preceding division A of
this consolidated Act): Provided further, That no transfer may
increase or decrease any funding level by more than 10 percent:
Provided further, That any transfer in excess of 10 percent
shall be treated as a reprogramming of funds under section 405
of this Act and shall not be available for obligation or
expenditure except in compliance with the procedures set forth
in that section.
grants-in-aid for airports
(liquidation of contract authorization)
(limitation on obligations)
(airport and airway trust fund)
(including transfer of funds)
For liquidation of obligations incurred for grants-in-aid for
airport planning and development, and noise compatibility
planning and programs as authorized under subchapter I of
chapter 471 and subchapter I of chapter 475 of title 49, United
States Code, and under other law authorizing such obligations;
for procurement, installation, and commissioning of runway
incursion prevention devices and systems at airports of such
title; for grants authorized under section 41743 of title 49,
United States Code; and for inspection activities and
administration of airport safety programs, including those
related to airport operating certificates under section 44706
of title 49, United States Code, $3,000,000,000, to be derived
from the Airport and Airway Trust Fund and to remain available
until expended: Provided, That none of the funds under this
heading shall be available for the planning or execution of
programs the obligations for which are in excess of
$3,350,000,000 in fiscal year 2020, notwithstanding section
47117(g) of title 49, United States Code: Provided further,
That none of the funds under this heading shall be available
for the replacement of baggage conveyor systems,
reconfiguration of terminal baggage areas, or other airport
improvements that are necessary to install bulk explosive
detection systems: Provided further, That notwithstanding
section 47109(a) of title 49, United States Code, the
Government's share of allowable project costs under paragraph
(2) for subgrants or paragraph (3) of that section shall be 95
percent for a project at other than a large or medium hub
airport that is a successive phase of a multi-phased
construction project for which the project sponsor received a
grant in fiscal year 2011 for the construction project:
Provided further, That notwithstanding any other provision of
law, of funds limited under this heading, not more than
$116,500,000 shall be available for administration, not less
than $15,000,000 shall be available for the Airport Cooperative
Research Program, not less than $39,224,000 shall be available
for Airport Technology Research, and $10,000,000, to remain
available until expended, shall be available and transferred to
``Office of the Secretary, Salaries and Expenses'' to carry out
the Small Community Air Service Development Program: Provided
further, That in addition to airports eligible under section
41743 of title 49, United States Code, such program may include
the participation of an airport that serves a community or
consortium that is not larger than a small hub airport,
according to FAA hub classifications effective at the time the
Office of the Secretary issues a request for proposals.
grants-in-aid for airports
For an additional amount for ``Grants-In-Aid for Airports'',
to enable the Secretary of Transportation to make grants for
projects as authorized by subchapter 1 of chapter 471 and
subchapter 1 of chapter 475 of title 49, United States Code,
$400,000,000, to remain available through September 30, 2022:
Provided, That amounts made available under this heading shall
be derived from the general fund, and such funds shall not be
subject to apportionment formulas, special apportionment
categories, or minimum percentages under chapter 471: Provided
further, That the Secretary shall distribute funds provided
under this heading as discretionary grants to airports:
Provided further, That the amount made available under this
heading shall not be subject to any limitation on obligations
for the Grants-in-Aid for Airports program set forth in any
Act: Provided further, That the Administrator of the Federal
Aviation Administration may retain up to 0.5 percent of the
funds provided under this heading to fund the award and
oversight by the Administrator of grants made under this
heading.
administrative provisions--federal aviation administration
Sec. 110. None of the funds in this Act may be used to
compensate in excess of 600 technical staff-years under the
federally funded research and development center contract
between the Federal Aviation Administration and the Center for
Advanced Aviation Systems Development during fiscal year 2020.
Sec. 111. None of the funds in this Act shall be used to
pursue or adopt guidelines or regulations requiring airport
sponsors to provide to the Federal Aviation Administration
without cost building construction, maintenance, utilities and
expenses, or space in airport sponsor-owned buildings for
services relating to air traffic control, air navigation, or
weather reporting: Provided, That the prohibition of funds in
this section does not apply to negotiations between the agency
and airport sponsors to achieve agreement on ``below-market''
rates for these items or to grant assurances that require
airport sponsors to provide land without cost to the Federal
Aviation Administration for air traffic control facilities.
Sec. 112. The Administrator of the Federal Aviation
Administration may reimburse amounts made available to satisfy
49 U.S.C. 41742(a)(1) from fees credited under 49 U.S.C. 45303
and any amount remaining in such account at the close of that
fiscal year may be made available to satisfy section
41742(a)(1) for the subsequent fiscal year.
Sec. 113. Amounts collected under section 40113(e) of title
49, United States Code, shall be credited to the appropriation
current at the time of collection, to be merged with and
available for the same purposes of such appropriation.
Sec. 114. None of the funds in this Act shall be available
for paying premium pay under subsection 5546(a) of title 5,
United States Code, to any Federal Aviation Administration
employee unless such employee actually performed work during
the time corresponding to such premium pay.
Sec. 115. None of the funds in this Act may be obligated or
expended for an employee of the Federal Aviation Administration
to purchase a store gift card or gift certificate through use
of a Government-issued credit card.
Sec. 116. None of the funds in this Act may be obligated or
expended for retention bonuses for an employee of the Federal
Aviation Administration without the prior written approval of
the Assistant Secretary for Administration of the Department of
Transportation.
Sec. 117. Notwithstanding any other provision of law, none
of the funds made available under this Act or any prior Act may
be used to implement or to continue to implement any limitation
on the ability of any owner or operator of a private aircraft
to obtain, upon a request to the Administrator of the Federal
Aviation Administration, a blocking of that owner's or
operator's aircraft registration number from any display of the
Federal Aviation Administration's Aircraft Situational Display
to Industry data that is made available to the public, except
data made available to a Government agency, for the
noncommercial flights of that owner or operator.
Sec. 118. None of the funds in this Act shall be available
for salaries and expenses of more than nine political and
Presidential appointees in the Federal Aviation Administration.
Sec. 119. None of the funds made available under this Act
may be used to increase fees pursuant to section 44721 of title
49, United States Code, until the Federal Aviation
Administration provides to the House and Senate Committees on
Appropriations a report that justifies all fees related to
aeronautical navigation products and explains how such fees are
consistent with Executive Order No. 13642.
Sec. 119A. None of the funds in this Act may be used to
close a regional operations center of the Federal Aviation
Administration or reduce its services unless the Administrator
notifies the House and Senate Committees on Appropriations not
less than 90 full business days in advance.
Sec. 119B. None of the funds appropriated or limited by this
Act may be used to change weight restrictions or prior
permission rules at Teterboro airport in Teterboro, New Jersey.
Sec. 119C. None of the funds provided under this Act may be
used by the Administrator of the Federal Aviation
Administration to withhold from consideration and approval any
new application for participation in the Contract Tower
Program, or for reevaluation of Cost-share Program participants
as long as the Federal Aviation Administration has received an
application from the airport, and as long as the Administrator
determines such tower is eligible using the factors set forth
in Federal Aviation Administration published establishment
criteria.
Sec. 119D. None of the funds made available by this Act may
be used to open, close, redesignate as a lesser office, or
reorganize a regional office, the aeronautical center, or
technical center unless the Administrator submits a request for
the reprogramming of funds under section 405 of this Act.
Federal Highway Administration
limitation on administrative expenses
(highway trust fund)
(including transfer of funds)
Not to exceed $453,549,689, together with advances and
reimbursements received by the Federal Highway Administration,
shall be obligated for necessary expenses for administration
and operation of the Federal Highway Administration. In
addition, $3,248,000 shall be transferred to the Appalachian
Regional Commission in accordance with section 104(a) of title
23, United States Code.
federal-aid highways
(limitation on obligations)
(highway trust fund)
Funds available for the implementation or execution of
Federal-aid highway and highway safety construction programs
authorized under titles 23 and 49, United States Code, and the
provisions of the Fixing America's Surface Transportation
(FAST) Act (Public Law 114-94) shall not exceed total
obligations of $46,365,092,000 for fiscal year 2020: Provided,
That the Secretary may collect and spend fees, as authorized by
title 23, United States Code, to cover the costs of services of
expert firms, including counsel, in the field of municipal and
project finance to assist in the underwriting and servicing of
Federal credit instruments and all or a portion of the costs to
the Federal Government of servicing such credit instruments:
Provided further, That such fees are available until expended
to pay for such costs: Provided further, That such amounts are
in addition to administrative expenses that are also available
for such purpose, and are not subject to any obligation
limitation or the limitation on administrative expenses under
section 608 of title 23, United States Code.
(liquidation of contract authorization)
(highway trust fund)
For the payment of obligations incurred in carrying out
Federal-aid highway and highway safety construction programs
authorized under title 23, United States Code, $47,104,092,000
derived from the Highway Trust Fund (other than the Mass
Transit Account), to remain available until expended.
highway infrastructure programs
There is hereby appropriated to the Secretary of
Transportation $2,166,140,392: Provided, That the funds made
available under this heading shall be derived from the general
fund, shall be in addition to any funds provided for fiscal
year 2020 in this or any other Act for: (1) ``Federal-aid
Highways'' under chapter 1 of title 23, United States Code; or
(2) the Appalachian Development Highway System as authorized
under section 1069(y) of Public Law 102-240, and shall not
affect the distribution or amount of funds provided in any
other Act: Provided further, That section 1101(b) of Public
Law 114-94 shall apply to funds made available under this
heading: Provided further, That of the funds made available
under this heading--
(1) $781,140,392 shall be for activities eligible
under sections 133(b)(1) and 133(b)(4) of title 23,
United States Code, and to provide necessary charging
infrastructure along corridor-ready or corridor-pending
alternative fuel corridors designated pursuant to
section 151 of title 23, United States Code;
(2) $1,150,000,000 shall be for a bridge replacement
and rehabilitation program;
(3) $100,000,000 shall be for necessary expenses for
construction of the Appalachian Development Highway
System as authorized under section 1069(y) of Public
Law 102-240;
(4) $3,500,000 shall be for activities eligible under
the Puerto Rico Highway Program as described in section
165(b)(2)(C) of title 23, United States Code;
(5) $1,500,000 shall be for activities eligible under
the Territorial Highway Program, as described in
section 165(c)(6) of title 23, United States Code;
(6) $70,000,000 shall be for the nationally
significant Federal lands and tribal projects program
under section 1123 of the FAST Act;
(7) $50,000,000 shall be for competitive grants for
activities described in section 130(a) of title 23,
United States Code;
(8) $5,000,000 shall be for the Regional
Infrastructure Accelerator Demonstration Program
authorized under section 1441 of the FAST Act; and
(9) $5,000,000 shall be for a National Road Network
Pilot Program for the Federal Highway Administration to
create a national level, geo-spatial dataset that uses
data already collected under the Highway Performance
Monitoring System:
Provided further, That for the purposes of funds made
available under this heading for activities eligible under
sections 133(b)(1) and 133(b)(4) of title 23, United States
Code, and to provide necessary charging infrastructure along
corridor-ready or corridor-pending alternative fuel corridors
designated pursuant to section 151 of title 23, United States
Code, the term ``State'' means any of the 50 States or the
District of Columbia: Provided further, That the funds made
available under this heading for activities eligible under
sections 133(b)(1) and 133(b)(4) of title 23, United States
Code, and to provide necessary charging infrastructure along
corridor-ready or corridor-pending alternative fuel corridors
designated pursuant to section 151 of title 23, United States
Code, shall be suballocated in the manner described in section
133(d) of such title, except that the set-aside described in
section 133(h) of such title shall not apply to funds made
available under this heading: Provided further, That the funds
made available under this heading for activities eligible under
sections 133(b)(1) and 133(b)(4) of title 23, United States
Code, and to provide necessary charging infrastructure along
corridor-ready or corridor-pending alternative fuel corridors
designated pursuant to section 151 of title 23, United States
Code, shall be administered as if apportioned under chapter 1
of such title and shall remain available through September 30,
2023: Provided further, That the funds made available under
this heading for activities eligible under sections 133(b)(1)
and 133(b)(4) of title 23, United States Code, and to provide
necessary charging infrastructure along corridor-ready or
corridor-pending alternative fuel corridors designated pursuant
to section 151 of title 23, United States Code, shall be
apportioned to the States in the same ratio as the obligation
limitation for fiscal year 2020 is distributed among the States
in section 120(a)(5) of this Act: Provided further, That,
except as provided in the following proviso, the funds made
available under this heading for activities eligible under the
Puerto Rico Highway Program and activities eligible under the
Territorial Highway Program shall be administered as if
allocated under sections 165(b) and 165(c), respectively, of
title 23, United States Code, and shall remain available
through September 30, 2023: Provided further, That the funds
made available under this heading for activities eligible under
the Puerto Rico Highway Program shall not be subject to the
requirements of sections 165(b)(2)(A) or 165(b)(2)(B) of such
title: Provided further, That the funds made available under
this heading for the nationally significant Federal lands and
tribal projects program under section 1123 of the FAST Act
shall remain available through September 30, 2023: Provided
further, That for the purposes of funds made available under
this heading for a bridge replacement and rehabilitation
program, (1) the term ``State'' means any of the 50 States or
the District of Columbia, and (2) the term ``qualifying State''
means any State in which the percentage of total deck area of
bridges classified as in poor condition in such State is at
least 5 percent: Provided further, That, of the funds made
available under this heading for a bridge replacement and
rehabilitation program, the Secretary shall reserve $6,000,000
for each State that does not meet the definition of a
qualifying State: Provided further, That, after making the
reservations under the preceding proviso, the Secretary shall
distribute the remaining funds made available under this
heading for a bridge replacement and rehabilitation program to
each qualifying State by the proportion that the percentage of
total deck area of bridges classified as in poor condition in
such qualifying State bears to the sum of the percentages of
total deck area of bridges classified as in poor condition in
all qualifying States: Provided further, That for the bridge
replacement and rehabilitation program:
(1) no qualifying State shall receive more than
$50,000,000;
(2) each State shall receive an amount not less than
$6,000,000; and
(3) after calculating the distribution of funds
pursuant to the preceding proviso, any amount in excess
of $50,000,000 shall be redistributed equally among
each State that does not meet the definition of a
qualifying State:
Provided further, That the funds made available under this
heading for a bridge replacement and rehabilitation program
shall be used for highway bridge replacement or rehabilitation
projects on public roads: Provided further, That for purposes
of this heading for the bridge replacement and rehabilitation
program, the Secretary shall calculate the percentages of total
deck area of bridges (including the percentages of total deck
area classified as in poor condition) based on the National
Bridge Inventory as of December 31, 2018: Provided further,
That the funds made available under this heading for a bridge
replacement and rehabilitation program shall be administered as
if apportioned under chapter 1 of title 23, United States Code,
and shall remain available through September 30, 2023:
Provided further, That the funds made available under this
heading, in paragraph (7) in the third proviso, shall be
available for projects eligible under section 130(a) of title
23, United States Code, for commuter authorities, as defined in
section 24102(2) of title 49, United States Code, that
experienced at least one accident investigated by the National
Transportation Safety Board between January 1, 2008 and
December 31, 2018 and for which the National Transportation
Safety Board issued an accident report: Provided further, That
the funds made available under this heading, in paragraph (7)
of the third proviso, shall be administered as if apportioned
under chapter 1 of title 23, United States Code: Provided
further, That for the purposes of funds made available under
this heading for construction of the Appalachian Development
Highway System, the term ``Appalachian State'' means a State
that contains 1 or more counties (including any political
subdivision located within the area) in the Appalachian region
as defined in section 14102(a) of title 40, United States Code:
Provided further, That funds made available under this heading
for construction of the Appalachian Development Highway System
shall remain available until expended: Provided further, That
a project carried out with funds made available under this
heading for construction of the Appalachian Development Highway
System shall be carried out in the same manner as a project
under section 14501 of title 40, United States Code: Provided
further, That subject to the following proviso, funds made
available under this heading for construction of the
Appalachian Development Highway System shall be apportioned to
Appalachian States according to the percentages derived from
the 2012 Appalachian Development Highway System Cost-to-
Complete Estimate, adopted in Appalachian Regional Commission
Resolution Number 736, and confirmed as each Appalachian
State's relative share of the estimated remaining need to
complete the Appalachian Development Highway System, adjusted
to exclude those corridors that such States have no current
plans to complete, as reported in the 2013 Appalachian
Development Highway System Completion Report: Provided
further, That the Secretary shall adjust apportionments made
under the preceding proviso so that no Appalachian State shall
be apportioned an amount in excess of 30 percent of the amount
made available for construction of the Appalachian Development
Highway System under this heading: Provided further, That the
Secretary shall consult with the Appalachian Regional
Commission in making adjustments under the preceding two
provisos: Provided further, That the Federal share of the
costs for which an expenditure is made for construction of the
Appalachian Development Highway System under this heading shall
be up to 100 percent: Provided further, That amounts provided
under this heading in paragraphs (7), (8), and (9) shall remain
available until expended.
administrative provisions--federal highway administration
Sec. 120. (a) For fiscal year 2020, the Secretary of
Transportation shall--
(1) not distribute from the obligation limitation for
Federal-aid highways--
(A) amounts authorized for administrative
expenses and programs by section 104(a) of
title 23, United States Code; and
(B) amounts authorized for the Bureau of
Transportation Statistics;
(2) not distribute an amount from the obligation
limitation for Federal-aid highways that is equal to
the unobligated balance of amounts--
(A) made available from the Highway Trust
Fund (other than the Mass Transit Account) for
Federal-aid highway and highway safety
construction programs for previous fiscal years
the funds for which are allocated by the
Secretary (or apportioned by the Secretary
under sections 202 or 204 of title 23, United
States Code); and
(B) for which obligation limitation was
provided in a previous fiscal year;
(3) determine the proportion that--
(A) the obligation limitation for Federal-aid
highways, less the aggregate of amounts not
distributed under paragraphs (1) and (2) of
this subsection; bears to
(B) the total of the sums authorized to be
appropriated for the Federal-aid highway and
highway safety construction programs (other
than sums authorized to be appropriated for
provisions of law described in paragraphs (1)
through (11) of subsection (b) and sums
authorized to be appropriated for section 119
of title 23, United States Code, equal to the
amount referred to in subsection (b)(12) for
such fiscal year), less the aggregate of the
amounts not distributed under paragraphs (1)
and (2) of this subsection;
(4) distribute the obligation limitation for Federal-
aid highways, less the aggregate amounts not
distributed under paragraphs (1) and (2), for each of
the programs (other than programs to which paragraph
(1) applies) that are allocated by the Secretary under
the Fixing America's Surface Transportation Act and
title 23, United States Code, or apportioned by the
Secretary under sections 202 or 204 of that title, by
multiplying--
(A) the proportion determined under paragraph
(3); by
(B) the amounts authorized to be appropriated
for each such program for such fiscal year; and
(5) distribute the obligation limitation for Federal-
aid highways, less the aggregate amounts not
distributed under paragraphs (1) and (2) and the
amounts distributed under paragraph (4), for Federal-
aid highway and highway safety construction programs
that are apportioned by the Secretary under title 23,
United States Code (other than the amounts apportioned
for the National Highway Performance Program in section
119 of title 23, United States Code, that are exempt
from the limitation under subsection (b)(12) and the
amounts apportioned under sections 202 and 204 of that
title) in the proportion that--
(A) amounts authorized to be appropriated for
the programs that are apportioned under title
23, United States Code, to each State for such
fiscal year; bears to
(B) the total of the amounts authorized to be
appropriated for the programs that are
apportioned under title 23, United States Code,
to all States for such fiscal year.
(b) Exceptions From Obligation Limitation.--The obligation
limitation for Federal-aid highways shall not apply to
obligations under or for--
(1) section 125 of title 23, United States Code;
(2) section 147 of the Surface Transportation
Assistance Act of 1978 (23 U.S.C. 144 note; 92 Stat.
2714);
(3) section 9 of the Federal-Aid Highway Act of 1981
(95 Stat. 1701);
(4) subsections (b) and (j) of section 131 of the
Surface Transportation Assistance Act of 1982 (96 Stat.
2119);
(5) subsections (b) and (c) of section 149 of the
Surface Transportation and Uniform Relocation
Assistance Act of 1987 (101 Stat. 198);
(6) sections 1103 through 1108 of the Intermodal
Surface Transportation Efficiency Act of 1991 (105
Stat. 2027);
(7) section 157 of title 23, United States Code (as
in effect on June 8, 1998);
(8) section 105 of title 23, United States Code (as
in effect for fiscal years 1998 through 2004, but only
in an amount equal to $639,000,000 for each of those
fiscal years);
(9) Federal-aid highway programs for which obligation
authority was made available under the Transportation
Equity Act for the 21st Century (112 Stat. 107) or
subsequent Acts for multiple years or to remain
available until expended, but only to the extent that
the obligation authority has not lapsed or been used;
(10) section 105 of title 23, United States Code (as
in effect for fiscal years 2005 through 2012, but only
in an amount equal to $639,000,000 for each of those
fiscal years);
(11) section 1603 of SAFETEA-LU (23 U.S.C. 118 note;
119 Stat. 1248), to the extent that funds obligated in
accordance with that section were not subject to a
limitation on obligations at the time at which the
funds were initially made available for obligation; and
(12) section 119 of title 23, United States Code
(but, for each of fiscal years 2013 through 2020, only
in an amount equal to $639,000,000).
(c) Redistribution of Unused Obligation Authority.--
Notwithstanding subsection (a), the Secretary shall, after
August 1 of such fiscal year--
(1) revise a distribution of the obligation
limitation made available under subsection (a) if an
amount distributed cannot be obligated during that
fiscal year; and
(2) redistribute sufficient amounts to those States
able to obligate amounts in addition to those
previously distributed during that fiscal year, giving
priority to those States having large unobligated
balances of funds apportioned under sections 144 (as in
effect on the day before the date of enactment of
Public Law 112-141) and 104 of title 23, United States
Code.
(d) Applicability of Obligation Limitations to Transportation
Research Programs.--
(1) In general.--Except as provided in paragraph (2),
the obligation limitation for Federal-aid highways
shall apply to contract authority for transportation
research programs carried out under--
(A) chapter 5 of title 23, United States
Code; and
(B) title VI of the Fixing America's Surface
Transportation Act.
(2) Exception.--Obligation authority made available
under paragraph (1) shall--
(A) remain available for a period of 4 fiscal
years; and
(B) be in addition to the amount of any
limitation imposed on obligations for Federal-
aid highway and highway safety construction
programs for future fiscal years.
(e) Redistribution of Certain Authorized Funds.--
(1) In general.--Not later than 30 days after the
date of distribution of obligation limitation under
subsection (a), the Secretary shall distribute to the
States any funds (excluding funds authorized for the
program under section 202 of title 23, United States
Code) that--
(A) are authorized to be appropriated for
such fiscal year for Federal-aid highway
programs; and
(B) the Secretary determines will not be
allocated to the States (or will not be
apportioned to the States under section 204 of
title 23, United States Code), and will not be
available for obligation, for such fiscal year
because of the imposition of any obligation
limitation for such fiscal year.
(2) Ratio.--Funds shall be distributed under
paragraph (1) in the same proportion as the
distribution of obligation authority under subsection
(a)(5).
(3) Availability.--Funds distributed to each State
under paragraph (1) shall be available for any purpose
described in section 133(b) of title 23, United States
Code.
Sec. 121. Notwithstanding 31 U.S.C. 3302, funds received by
the Bureau of Transportation Statistics from the sale of data
products, for necessary expenses incurred pursuant to chapter
63 of title 49, United States Code, may be credited to the
Federal-aid highways account for the purpose of reimbursing the
Bureau for such expenses: Provided, That such funds shall be
subject to the obligation limitation for Federal-aid highway
and highway safety construction programs.
Sec. 122. Not less than 15 days prior to waiving, under his
or her statutory authority, any Buy America requirement for
Federal-aid highways projects, the Secretary of Transportation
shall make an informal public notice and comment opportunity on
the intent to issue such waiver and the reasons therefor:
Provided, That the Secretary shall provide an annual report to
the House and Senate Committees on Appropriations on any
waivers granted under the Buy America requirements.
Sec. 123. None of the funds provided in this Act to the
Department of Transportation may be used to provide credit
assistance unless not less than 3 days before any application
approval to provide credit assistance under sections 603 and
604 of title 23, United States Code, the Secretary of
Transportation provides notification in writing to the
following committees: the House and Senate Committees on
Appropriations; the Committee on Environment and Public Works
and the Committee on Banking, Housing and Urban Affairs of the
Senate; and the Committee on Transportation and Infrastructure
of the House of Representatives: Provided, That such
notification shall include, but not be limited to, the name of
the project sponsor; a description of the project; whether
credit assistance will be provided as a direct loan, loan
guarantee, or line of credit; and the amount of credit
assistance.
Sec. 124. None of the funds provided in this Act may be used
to make a grant for a project under section 117 of title 23,
United States Code, unless the Secretary, at least 60 days
before making a grant under that section, provides written
notification to the House and Senate Committees on
Appropriations of the proposed grant, including an evaluation
and justification for the project and the amount of the
proposed grant award: Provided, That the written notification
required in the previous proviso shall be made no later than
180 days after enactment of this Act.
Sec. 125. (a) A State or territory, as defined in section 165
of title 23, United States Code, may use for any project
eligible under section 133(b) of title 23 or section 165 of
title 23 and located within the boundary of the State or
territory any earmarked amount, and any associated obligation
limitation: Provided, That the Department of Transportation
for the State or territory for which the earmarked amount was
originally designated or directed notifies the Secretary of
Transportation of its intent to use its authority under this
section and submits a quarterly report to the Secretary
identifying the projects to which the funding would be applied.
Notwithstanding the original period of availability of funds to
be obligated under this section, such funds and associated
obligation limitation shall remain available for obligation for
a period of 3 fiscal years after the fiscal year in which the
Secretary of Transportation is notified. The Federal share of
the cost of a project carried out with funds made available
under this section shall be the same as associated with the
earmark.
(b) In this section, the term ``earmarked amount'' means--
(1) congressionally directed spending, as defined in
rule XLIV of the Standing Rules of the Senate,
identified in a prior law, report, or joint explanatory
statement, which was authorized to be appropriated or
appropriated more than 10 fiscal years prior to the
current fiscal year, and administered by the Federal
Highway Administration; or
(2) a congressional earmark, as defined in rule XXI
of the Rules of the House of Representatives,
identified in a prior law, report, or joint explanatory
statement, which was authorized to be appropriated or
appropriated more than 10 fiscal years prior to the
current fiscal year, and administered by the Federal
Highway Administration.
(c) The authority under subsection (a) may be exercised only
for those projects or activities that have obligated less than
10 percent of the amount made available for obligation as of
October 1 of the current fiscal year, and shall be applied to
projects within the same general geographic area within 25
miles for which the funding was designated, except that a State
or territory may apply such authority to unexpended balances of
funds from projects or activities the State or territory
certifies have been closed and for which payments have been
made under a final voucher.
(d) The Secretary shall submit consolidated reports of the
information provided by the States and territories each quarter
to the House and Senate Committees on Appropriations.
Sec. 126. The following are repealed:
(1) Section 352 of the National Highway System
Designation Act of 1995 (Public Law 104-59, 109 Stat.
568).
(2) Section 324 of the Department of Transportation
and Related Agencies Appropriations Act, 1986 (Public
Law 99-190; 99 Stat. 1288).
(3) Section 325 of the Department of Transportation
and Related Agencies Appropriations Act, 1996 (Public
Law 104-50; 109 Stat. 456).
Notwithstanding any other provision of law, tolls collected for
motor vehicles on any bridge connecting the boroughs of
Brooklyn, New York, and Staten Island, New York, shall be
collected for any such vehicles exiting from such bridge in
both Staten Island and Brooklyn.
Sec. 127. Section 125(d) of title 23, United States Code, is
amended by striking paragraph (4).
Sec. 128. Until final guidance is published, the
Administrator of the Federal Highway Administration shall make
determinations on Buy America waivers for those waivers that
were submitted before April 17, 2018, as if the notice of
proposed rulemaking of that date was not in effect.
Sec. 129. Section 1948 of SAFETEA-LU (Public Law 109-59; 119
Stat. 1514) is repealed.
Sec. 129A. Section 119(e)(5) of title 23, United States
Code, is amended to read as follows:
``(5) Requirement for plan.--
``(A) In general.--Notwithstanding section
120, each fiscal year, if the Secretary
determines that a State has not developed and
implemented a State asset management plan
consistent with this section, the Federal share
payable on account of any project or activity
for which funds are obligated by the State in
that fiscal year under this section shall be 65
percent.
``(B) Determination.--The Secretary shall
make the determination under subparagraph (A)
for a fiscal year not later than the day before
the beginning of such fiscal year.''.
Federal Motor Carrier Safety Administration
motor carrier safety operations and programs
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in the implementation,
execution and administration of motor carrier safety operations
and programs pursuant to section 31110 of title 49, United
States Code, as amended by the Fixing America's Surface
Transportation Act, $288,000,000, to be derived from the
Highway Trust Fund (other than the Mass Transit Account),
together with advances and reimbursements received by the
Federal Motor Carrier Safety Administration, the sum of which
shall remain available until expended: Provided, That funds
available for implementation, execution or administration of
motor carrier safety operations and programs authorized under
title 49, United States Code, shall not exceed total
obligations of $288,000,000 for ``Motor Carrier Safety
Operations and Programs'' for fiscal year 2020, of which
$9,073,000, to remain available for obligation until September
30, 2022, is for the research and technology program, and of
which $35,334,000, to remain available for obligation until
September 30, 2022, is for information management.
motor carrier safety grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out sections
31102, 31103, 31104, and 31313 of title 49, United States Code,
as amended by the Fixing America's Surface Transportation Act,
$391,135,561, to be derived from the Highway Trust Fund (other
than the Mass Transit Account) and to remain available until
expended: Provided, That funds available for the
implementation or execution of motor carrier safety programs
shall not exceed total obligations of $391,135,561 in fiscal
year 2020 for ``Motor Carrier Safety Grants'': Provided
further, That of the sums appropriated under this heading:
(1) $308,700,000 shall be available for the motor
carrier safety assistance program;
(2) $33,200,000 shall be available for the commercial
driver's license program implementation program;
(3) $45,900,000 shall be available for the high
priority activities program, of which $1,000,000 is to
be made available from prior year unobligated contract
authority provided for Motor Carrier Safety in the
Transportation Equity Act for the 21st Century (Public
Law 105-178), SAFETEA-LU (Public Law 109-59), or other
appropriations or authorization Acts; and
(4) $3,335,561 shall be made available for commercial
motor vehicle operators grants, of which $2,335,561 is
to be made available from prior year unobligated
contract authority provided for Motor Carrier Safety in
the Transportation Equity Act for the 21st Century
(Public Law 105-178), SAFETEA-LU (Public Law 109-59),
or other appropriations or authorization Acts.
administrative provisions--federal motor carrier safety administration
Sec. 130. The Federal Motor Carrier Safety Administration
shall send notice of 49 CFR section 385.308 violations by
certified mail, registered mail, or another manner of delivery,
which records the receipt of the notice by the persons
responsible for the violations.
Sec. 131. None of the funds appropriated or otherwise made
available to the Department of Transportation by this Act or
any other Act may be obligated or expended to implement,
administer, or enforce the requirements of section 31137 of
title 49, United States Code, or any regulation issued by the
Secretary pursuant to such section, with respect to the use of
electronic logging devices by operators of commercial motor
vehicles, as defined in section 31132(1) of such title,
transporting livestock as defined in section 602 of the
Emergency Livestock Feed Assistance Act of 1988 (7 U.S.C. 1471)
or insects.
Sec. 132. The Federal Motor Carrier Safety Administration
shall update annual inspection regulations under Appendix G to
subchapter B of chapter III of title 49, Code of Federal
Regulations, as recommended by GAO-19-264.
National Highway Traffic Safety Administration
operations and research
For expenses necessary to discharge the functions of the
Secretary, with respect to traffic and highway safety
authorized under chapter 301 and part C of subtitle VI of title
49, United States Code, $194,000,000, of which $40,000,000
shall remain available through September 30, 2021.
operations and research
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out the
provisions of 23 U.S.C. 403, including behavioral research on
Automated Driving Systems and Advanced Driver Assistance
Systems and improving consumer responses to safety recalls,
section 4011 of the Fixing America's Surface Transportation Act
(Public Law 114-94), and chapter 303 of title 49, United States
Code, $155,300,000, to be derived from the Highway Trust Fund
(other than the Mass Transit Account) and to remain available
until expended: Provided, That none of the funds in this Act
shall be available for the planning or execution of programs
the total obligations for which, in fiscal year 2020, are in
excess of $155,300,000: Provided further, That of the sums
appropriated under this heading--
(1) $149,800,000 shall be for programs authorized
under 23 U.S.C. 403, including behavioral research on
Automated Driving Systems and Advanced Driver
Assistance Systems and improving consumer responses to
safety recalls, and section 4011 of the Fixing
America's Surface Transportation Act (Public Law 114-
94); and
(2) $5,500,000 shall be for the National Driver
Register authorized under chapter 303 of title 49,
United States Code:
Provided further, That within the $155,300,000 obligation
limitation for operations and research, $20,000,000 shall
remain available until September 30, 2021, and shall be in
addition to the amount of any limitation imposed on obligations
for future years: Provided further, That amounts for
behavioral research on Automated Driving Systems and Advanced
Driver Assistance Systems and improving consumer responses to
safety recalls are in addition to any other funds provided for
those purposes for fiscal year 2020 in this Act.
highway traffic safety grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out
provisions of 23 U.S.C. 402, 404, and 405, and section
4001(a)(6) of the Fixing America's Surface Transportation Act,
to remain available until expended, $623,017,000, to be derived
from the Highway Trust Fund (other than the Mass Transit
Account): Provided, That none of the funds in this Act shall
be available for the planning or execution of programs for
which the total obligations in fiscal year 2020 are in excess
of $623,017,000 for programs authorized under 23 U.S.C. 402,
404, and 405, and section 4001(a)(6) of the Fixing America's
Surface Transportation Act: Provided further, That of the sums
appropriated under this heading--
(1) $279,800,000 shall be for ``Highway Safety
Programs'' under 23 U.S.C. 402;
(2) $285,900,000 shall be for ``National Priority
Safety Programs'' under 23 U.S.C. 405;
(3) $30,500,000 shall be for the ``High Visibility
Enforcement Program'' under 23 U.S.C. 404; and
(4) $26,817,000 shall be for ``Administrative
Expenses'' under section 4001(a)(6) of the Fixing
America's Surface Transportation Act:
Provided further, That none of these funds shall be used for
construction, rehabilitation, or remodeling costs, or for
office furnishings and fixtures for State, local or private
buildings or structures: Provided further, That not to exceed
$500,000 of the funds made available for ``National Priority
Safety Programs'' under 23 U.S.C. 405 for ``Impaired Driving
Countermeasures'' (as described in subsection (d) of that
section) shall be available for technical assistance to the
States: Provided further, That with respect to the
``Transfers'' provision under 23 U.S.C. 405(a)(8), any amounts
transferred to increase the amounts made available under
section 402 shall include the obligation authority for such
amounts: Provided further, That the Administrator shall notify
the House and Senate Committees on Appropriations of any
exercise of the authority granted under the previous proviso or
under 23 U.S.C. 405(a)(8) within 5 days.
administrative provisions--national highway traffic safety
administration
Sec. 140. An additional $130,000 shall be made available to
the National Highway Traffic Safety Administration, out of the
amount limited for section 402 of title 23, United States Code,
to pay for travel and related expenses for State management
reviews and to pay for core competency development training and
related expenses for highway safety staff.
Sec. 141. The limitations on obligations for the programs of
the National Highway Traffic Safety Administration set in this
Act shall not apply to obligations for which obligation
authority was made available in previous public laws but only
to the extent that the obligation authority has not lapsed or
been used.
Sec. 142. In addition to the amounts made available under
the heading, ``Operations and Research (Liquidation of Contract
Authorization) (Limitation on Obligations) (Highway Trust
Fund)'' for carrying out the provisions of section 403 of title
23, United States Code, $17,000,000, to remain available until
September 30, 2021, shall be made available to the National
Highway Traffic Safety Administration from the general fund:
Provided, That of the sums provided under this provision--
(1) not to exceed $7,000,000 shall be available to provide
funding for grants, pilot program activities, and innovative
solutions to reduce impaired-driving fatalities in
collaboration with eligible entities under section 403 of title
23, United States Code; and
(2) not to exceed $10,000,000 shall be available to continue
a high visibility enforcement paid-media campaign regarding
highway-rail grade crossing safety in collaboration with the
Federal Railroad Administration.
Sec. 143. None of the funds in this Act or any other Act
shall be used to enforce the requirements of 23 U.S.C.
405(a)(9).
Federal Railroad Administration
safety and operations
For necessary expenses of the Federal Railroad
Administration, not otherwise provided for, $224,198,000, of
which $20,000,000 shall remain available until expended.
railroad research and development
For necessary expenses for railroad research and development,
$40,600,000, to remain available until expended.
railroad rehabilitation and improvement financing program
The Secretary of Transportation is authorized to issue direct
loans and loan guarantees pursuant to sections 501 through 504
of the Railroad Revitalization and Regulatory Reform Act of
1976 (Public Law 94-210), as amended, such authority shall
exist as long as any such direct loan or loan guarantee is
outstanding.
federal-state partnership for state of good repair
For necessary expenses related to Federal-State Partnership
for State of Good Repair Grants as authorized by section 24911
of title 49, United States Code, $200,000,000, to remain
available until expended: Provided, That the Secretary may
withhold up to one percent of the amount provided under this
heading for the costs of award and project management oversight
of grants carried out under section 24911 of title 49, United
States Code: Provided further, That the Secretary shall issue
the Notice of Funding Opportunity for funds provided under this
heading consistent with section 24911 of title 49, United
States Code, no later than 180 days after enactment of this
Act: Provided further, That the Secretary shall review all
applications received in response to the Notice of Funding
Opportunity required in the previous proviso: Provided
further, That the Secretary shall announce the selection of
projects to receive awards for the funds described in the
previous two provisos no later than 1 year of enactment of this
Act.
consolidated rail infrastructure and safety improvements
For necessary expenses related to Consolidated Rail
Infrastructure and Safety Improvements Grants, as authorized by
section 22907 of title 49, United States Code, $325,000,000, to
remain available until expended: Provided, That section
22905(f) of title 49, United States Code, shall not apply to
projects for the implementation of positive train control
systems otherwise eligible under section 22907(c)(1) of title
49, United States Code: Provided further, That amounts
available under this heading for projects selected for commuter
rail passenger transportation may be transferred by the
Secretary, after selection, to the appropriate agencies to be
administered in accordance with chapter 53 of title 49, United
States Code: Provided further, That the Secretary shall not
limit eligible projects from consideration for funding for
planning, engineering, environmental, construction, and design
elements of the same project in the same application: Provided
further, That unobligated balances remaining after 4 years from
the date of enactment may be used for any eligible project
under section 22907(c) of title 49, United States Code:
Provided further, That the Secretary may withhold up to one
percent of the amount provided under this heading for the costs
of award and project management oversight of grants carried out
under section 22907 of title 49, United States Code: Provided
further, That of the sums appropriated under this heading,
$45,000,000 shall be available for projects eligible under
section 22907(c)(2) of title 49, United States Code, that
require the acquisition of rights-of-way, track, or track
structure to support the development of new intercity passenger
rail service routes: Provided further, That for amounts
available under this heading eligible recipients under section
22907(b) of title 49, United States Code, shall include any
holding company of a Class II railroad or Class III railroad
(as those terms are defined in section 20102 of title 49,
United States Code): Provided further, That the Secretary
shall issue the Notice of Funding Opportunity that encompasses
funds provided under this heading in this Act no later than 120
days after enactment of this Act and announce the selection of
projects to receive awards for such funds no later than 300
days after the enactment of this Act: Provided further, That
the Notice of Funding Opportunity under the previous proviso
shall require application submissions 60 days after the
publishing of such Notice.
magnetic levitation technology deployment program
For necessary expenses related to the deployment of magnetic
levitation transportation projects, consistent with language in
section 1307(a) through (c) of Public Law 109-59, as amended by
section 102 of Public Law 110-244 (section 322 of title 23,
United States Code), $2,000,000, to remain available until
expended.
restoration and enhancement
For necessary expenses related to Restoration and Enhancement
Grants, as authorized by section 24408 of title 49, United
States Code, $2,000,000, to remain available until expended:
Provided, That the Secretary may withhold up to one percent of
the funds provided under this heading to fund the costs of
award and project management and oversight.
northeast corridor grants to the national railroad passenger
corporation
To enable the Secretary of Transportation to make grants to
the National Railroad Passenger Corporation for activities
associated with the Northeast Corridor as authorized by section
11101(a) of the Fixing America's Surface Transportation Act
(division A of Public Law 114-94), $700,000,000, to remain
available until expended: Provided, That the Secretary may
retain up to one-half of 1 percent of the funds provided under
both this heading and the ``National Network Grants to the
National Railroad Passenger Corporation'' heading to fund the
costs of project management and oversight of activities
authorized by section 11101(c) of division A of Public Law 114-
94: Provided further, That in addition to the project
management oversight funds authorized under section 11101(c) of
division A of Public Law 114-94, the Secretary may retain up to
an additional $5,000,000 of the funds provided under this
heading to fund expenses associated with the Northeast Corridor
Commission established under section 24905 of title 49, United
States Code: Provided further, That of the amounts made
available under this heading and the ``National Network Grants
to the National Railroad Passenger Corporation'' heading, not
less than $50,000,000 shall be made available to bring Amtrak-
served facilities and stations into compliance with the
Americans with Disabilities Act: Provided further, That of the
amounts made available under this heading and the ``National
Network Grants to the National Railroad Passenger Corporation''
heading, $100,000,000 shall be made available to fund the
replacement of the single-level passenger cars used on
Northeast Corridor, State Supported Corridor, and Long Distance
routes.
national network grants to the national railroad passenger corporation
To enable the Secretary of Transportation to make grants to
the National Railroad Passenger Corporation for activities
associated with the National Network as authorized by section
11101(b) of the Fixing America's Surface Transportation Act
(division A of Public Law 114-94), $1,300,000,000, to remain
available until expended: Provided, That the Secretary may
retain up to an additional $2,000,000 of the funds provided
under this heading to fund expenses associated with the State-
Supported Route Committee established under section 24712 of
title 49, United States Code: Provided further, That at least
$50,000,000 of the amount provided under this heading shall be
available for the development, installation and operation of
railroad safety technology, including the implementation of a
positive train control system, on State-supported routes as
defined under section 24102(13) of title 49, United States
Code, on which positive train control systems are not required
by law or regulation: Provided further, That none of the funds
provided under this heading shall be used by Amtrak to give
notice under subsection (a) or (b) of section 24706 of title
49, United States Code, with respect to long-distance routes
(as defined in section 24102 of title 49, United States Code)
on which Amtrak is the sole operator on a host railroad's line
and a positive train control system is not required by law or
regulation, or, except in an emergency or during maintenance or
construction outages impacting such routes, to otherwise
discontinue, reduce the frequency of, suspend, or substantially
alter the route of rail service on any portion of such route
operated in fiscal year 2018, including implementation of
service permitted by section 24305(a)(3)(A) of title 49, United
States Code, in lieu of rail service.
administrative provisions--federal railroad administration
Sec. 150. None of the funds provided to the National
Railroad Passenger Corporation may be used to fund any overtime
costs in excess of $35,000 for any individual employee:
Provided, That the President of Amtrak may waive the cap set in
the previous proviso for specific employees when the President
of Amtrak determines such a cap poses a risk to the safety and
operational efficiency of the system: Provided further, That
the President of Amtrak shall report to the House and Senate
Committees on Appropriations within 60 days of enactment of
this Act, a summary of all overtime payments incurred by the
Corporation for 2019 and the three prior calendar years:
Provided further, That such summary shall include the total
number of employees that received waivers and the total
overtime payments the Corporation paid to those employees
receiving waivers for each month for 2019 and for the three
prior calendar years.
Sec. 151. None of the funds provided to the National
Railroad Passenger Corporation under the headings ``Northeast
Corridor Grants to the National Railroad Passenger
Corporation'' and ``National Network Grants to the National
Railroad Passenger Corporation'' may be used to reduce the
total number of Amtrak Police Department uniformed officers
patrolling on board passenger trains or at stations, facilities
or rights-of-way below the staffing level on May 1, 2019.
Sec. 152. It is the sense of Congress that--
(1) long-distance passenger rail routes provide much-
needed transportation access for 4,700,000 riders in
325 communities in 40 States and are particularly
important in rural areas; and
(2) long-distance passenger rail routes and services
should be sustained to ensure connectivity throughout
the National Network (as defined in section 24102 of
title 49, United States Code).
Sec. 153. None of the funds made available by this Act may
be used by the National Railroad Passenger Corporation in
contravention of the Worker Adjustment and Retraining
Notification Act (29 U.S.C. 2101 et seq.).
Federal Transit Administration
administrative expenses
For necessary administrative expenses of the Federal Transit
Administration's programs authorized by chapter 53 of title 49,
United States Code, $117,000,000, of which $15,000,000 shall
remain available until September 30, 2021, and up to $1,000,000
shall be available to carry out the provisions of section 5326
of such title: Provided, That upon submission to the Congress
of the fiscal year 2021 President's budget, the Secretary of
Transportation shall transmit to Congress the annual report on
Capital Investment Grants, including proposed allocations for
fiscal year 2021.
transit formula grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in the Federal Public
Transportation Assistance Program in this account, and for
payment of obligations incurred in carrying out the provisions
of 49 U.S.C. 5305, 5307, 5310, 5311, 5312, 5314, 5318,
5329(e)(6), 5335, 5337, 5339, and 5340, as amended by the
Fixing America's Surface Transportation Act, section 20005(b)
of Public Law 112-141, and section 3006(b) of the Fixing
America's Surface Transportation Act, $10,800,000,000, to be
derived from the Mass Transit Account of the Highway Trust Fund
and to remain available until expended: Provided, That funds
available for the implementation or execution of programs
authorized under 49 U.S.C. 5305, 5307, 5310, 5311, 5312, 5314,
5318, 5329(e)(6), 5335, 5337, 5339, and 5340, as amended by the
Fixing America's Surface Transportation Act, section 20005(b)
of Public Law 112-141, and section 3006(b) of the Fixing
America's Surface Transportation Act, shall not exceed total
obligations of $10,150,348,462 in fiscal year 2020: Provided
further, That the Federal share of the cost of activities
carried out under 49 U.S.C. section 5312 shall not exceed 80
percent, except that if there is substantial public interest or
benefit, the Secretary may approve a greater Federal share:
Provided further, That in addition to the amounts appropriated
for purposes of 49 U.S.C. 5338(e), not less than 2 percent of
the funds appropriated or available for the purposes of 49
U.S.C. 5338(f) shall be available for the purposes of 49 U.S.C.
5338(e).
transit infrastructure grants
For an additional amount for buses and bus facilities grants
under section 5339 of title 49, United States Code, low or no
emission grants under section 5339(c) of such title, formula
grants to rural areas under section 5311 of such title, high
density state apportionments under section 5340(d) of such
title, the demonstration and deployment of innovative mobility
solutions as authorized under section 5312 of such title, bus
testing facilities under sections 5312 and 5318 of such title,
and for grants to areas of persistent poverty, $510,000,000, to
remain available until expended: Provided, That of the sums
provided under this heading--
(1) $338,000,000 shall be available for the buses and
bus facilities competitive grants as authorized under
section 5339 of such title, of which $168,000,000 shall
be available for the buses and bus facilities formula
grants as authorized under section 5339(a) of such
title, and $170,000,000 shall be available for buses
and bus facilities competitive grants as authorized
under section 5339(b) of such title;
(2) $75,000,000 shall be available for the low or no
emission grants as authorized under section 5339(c) of
such title: Provided, That the minimum grant award
shall be not less than $750,000;
(3) $40,000,000 shall be available for formula grants
for rural areas as authorized under section 5311 of
such title;
(4) $40,000,000 shall be available for the high
density state apportionments as authorized under
section 5340(d) of such title;
(5) Notwithstanding section 5318(a) of such title,
$3,000,000 shall be available for the operation and
maintenance of bus testing facilities by institutions
of higher education selected pursuant to section
5312(h): Provided, That the Secretary shall enter into
a contract or cooperative agreement with, or make a
grant to, each institution of higher education selected
pursuant to section 5312(h) of such title, to operate
and maintain a facility to conduct the testing of low
or no emission vehicle new bus models using the
standards established pursuant to section 5318(e)(2) of
such title: Provided further, That the term ``low or
no emission vehicle'' has the meaning given the term in
section 5312(e)(6) of such title: Provided further,
That the Secretary shall pay 80 percent of the cost of
testing a low or no emission vehicle new bus model at
each selected institution of higher education:
Provided further, That the entity having the vehicle
tested shall pay 20 percent of the cost of testing:
Provided further, That a low or no emission vehicle new
bus model tested that receives a passing aggregate test
score in accordance with the standards established
under section 5318(e)(2) of such title, shall be deemed
to be in compliance with the requirements of section
5318(e) of such title;
(6) $5,500,000 shall be available for the
demonstration and deployment of innovative mobility
solutions as authorized under section 5312 of such
title; and
(7) $8,500,000 shall be available for competitive
grants to eligible entities to assist areas of
persistent poverty: Provided, That areas of persistent
poverty means any county that has consistently had 20
percent or more of the population living in poverty
over the 30 years preceding the date of enactment of
this Act, as measured by the 1990 and 2000 decennial
census and the most recent Small Area Income and
Poverty Estimates, or any census tract with a poverty
rate of at least 20 percent as measured by the 2013-
2017 5-year data series available from the American
Community Survey of the Census Bureau: Provided
further, That grants shall be for planning,
engineering, or development of technical, or financing
plans for projects eligible under chapter 53 of title
49, United States Code: Provided further, That
eligible entities are those defined as eligible
recipients or subrecipients under sections 5307, 5310
or 5311 of title 49, United States Code, and are in
areas of persistent poverty: Provided further, That
the Federal Transit Administration should complete
outreach to such counties and the departments of
transportation within applicable States via personal
contact, webinars, web materials and other appropriate
methods determined by the Administrator: Provided
further, That State departments of transportation may
apply on behalf of eligible entities within their
States: Provided further, That the Federal Transit
Administration should encourage grantees to work with
non-profits or other entities of their choosing in
order to develop planning, technical, engineering, or
financing plans: Provided further, That the Federal
Transit Administration should encourage grantees to
partner with non-profits that can assist with making
projects low or no emissions: Provided further, That
projects funded under paragraph (7) of this heading
shall be for not less than 90 percent of the net total
project cost:
Provided further, That amounts made available by this heading
shall be derived from the general fund: Provided further, That
the amounts made available under this heading shall not be
subject to any limitation on obligations for transit programs
set forth in any Act.
technical assistance and training
For necessary expenses to carry out 49 U.S.C. 5314,
$5,000,000, to remain available until September 30, 2021, of
which not less than $2,500,000 shall be for a cooperative
agreement through which the Federal Transit Administration
assists transit recipients with frontline workforce development
and standards based training in maintenance and operations
through an agreement with a national nonprofit organization
with a demonstrated capacity to develop and provide such
programs though labor management partnerships and
apprenticeships: Provided, That the assistance provided under
this heading does not duplicate the activities of 49 U.S.C.
5311(b) or 49 U.S.C. 5312.
capital investment grants
For necessary expenses to carry out fixed guideway capital
investment grants under section 5309 of title 49, United States
Code, and section 3005(b) of the Fixing America's Surface
Transportation Act, $1,978,000,000, to remain available until
September 30, 2023: Provided, That of the amounts made
available under this heading, $1,681,300,000 shall be allocated
by December 31, 2021: Provided further, That of the amounts
made available under this heading, $1,458,000,000 shall be
available for projects authorized under section 5309(d) of
title 49, United States Code, $300,000,000 shall be available
for projects authorized under section 5309(e) of title 49,
United States Code, $100,000,000 shall be available for
projects authorized under section 5309(h) of title 49, United
States Code, and $100,000,000 shall be available for projects
authorized under section 3005(b) of the Fixing America's
Surface Transportation Act: Provided further, That the
Secretary shall continue to administer the capital investment
grants program in accordance with the procedural and
substantive requirements of section 5309 of title 49, United
States Code, and of section 3005(b) of the Fixing America's
Surface Transportation Act: Provided further, That projects
that receive a grant agreement under the Expedited Project
Delivery for Capital Investment Grants Pilot Program under
section 3005(b) of the Fixing America's Surface Transportation
Act shall be deemed eligible for funding provided for projects
under section 5309 of title 49, United States Code, without
further evaluation or rating under such section: Provided
further, That such funding shall not exceed the Federal share
under section 3005(b).
grants to the washington metropolitan area transit authority
For grants to the Washington Metropolitan Area Transit
Authority as authorized under section 601 of division B of
Public Law 110-432, $150,000,000, to remain available until
expended: Provided, That the Secretary of Transportation shall
approve grants for capital and preventive maintenance
expenditures for the Washington Metropolitan Area Transit
Authority only after receiving and reviewing a request for each
specific project: Provided further, That the Secretary shall
determine that the Washington Metropolitan Area Transit
Authority has placed the highest priority on those investments
that will improve the safety of the system before approving
such grants: Provided further, That the Secretary, in order to
ensure safety throughout the rail system, may waive the
requirements of section 601(e)(1) of division B of Public Law
110-432.
administrative provisions--federal transit administration
Sec. 160. The limitations on obligations for the programs of
the Federal Transit Administration shall not apply to any
authority under 49 U.S.C. 5338, previously made available for
obligation, or to any other authority previously made available
for obligation.
Sec. 161. Notwithstanding any other provision of law, funds
appropriated or limited by this Act under the heading ``Fixed
Guideway Capital Investment'' of the Federal Transit
Administration for projects specified in this Act or identified
in reports accompanying this Act not obligated by September 30,
2023, and other recoveries, shall be directed to projects
eligible to use the funds for the purposes for which they were
originally provided.
Sec. 162. Notwithstanding any other provision of law, any
funds appropriated before October 1, 2019, under any section of
chapter 53 of title 49, United States Code, that remain
available for expenditure, may be transferred to and
administered under the most recent appropriation heading for
any such section.
Sec. 163. No funds in this or any other Act shall be used to
adjust apportionments or withhold funds from apportionments
pursuant to 26 U.S.C. 9503(e)(4).
Sec. 164. An eligible recipient of a grant under section
5339(c) may submit an application in partnership with other
entities, including a transit vehicle manufacturer, that intend
to participate in the implementation of a project under section
5339(c) of title 49, United States Code, and a project awarded
with such partnership shall be treated as satisfying the
requirement for a competitive procurement under section 5325(a)
of title 49, United States Code, for the named entity.
Sec. 165. None of the funds made available in this or any
other Act shall be used to impede or hinder project advancement
or approval for any project seeking a Federal contribution from
the capital investment grant program of greater than 40 percent
of project costs as authorized under 49 U.S.C. 5309.
Sec. 166. None of the funds made available under this Act
may be used for the implementation or furtherance of new
policies detailed in the ``Dear Colleague'' letter distributed
by the Federal Transit Administration to capital investment
grant program project sponsors on June 29, 2018.
Saint Lawrence Seaway Development Corporation
The Saint Lawrence Seaway Development Corporation is hereby
authorized to make such expenditures, within the limits of
funds and borrowing authority available to the Corporation, and
in accord with law, and to make such contracts and commitments
without regard to fiscal year limitations, as provided by
section 104 of the Government Corporation Control Act, as
amended, as may be necessary in carrying out the programs set
forth in the Corporation's budget for the current fiscal year.
operations and maintenance
(harbor maintenance trust fund)
For necessary expenses to conduct the operations,
maintenance, and capital asset renewal activities on those
portions of the Saint Lawrence Seaway owned, operated, and
maintained by the Saint Lawrence Seaway Development
Corporation, $38,000,000, to be derived from the Harbor
Maintenance Trust Fund, pursuant to Public Law 99-662:
Provided, That of the amounts made available under this
heading, not less than $16,000,000 shall be used on capital
asset renewal activities.
Maritime Administration
maritime security program
For necessary expenses to maintain and preserve a U.S.-flag
merchant fleet to serve the national security needs of the
United States, $300,000,000, to remain available until
expended.
operations and training
(including transfer of funds)
For necessary expenses of operations and training activities
authorized by law, $152,589,000: Provided, That of the sums
appropriated under this heading--
(1) $80,216,000 shall remain available until
September 30, 2021 for the operations of the United
States Merchant Marine Academy;
(2) $5,225,000 shall remain available until expended
for the maintenance and repair, and equipment at the
United States Merchant Marine Academy;
(3) $3,000,000 shall remain available until September
30, 2021 for the Maritime Environment and Technology
Assistance program authorized under section 50307 of
title 46, United States Code; and
(4) $9,775,000, shall remain available until expended
for the Short Sea Transportation Program (America's
Marine Highways) to make grants for the purposes
authorized under sections 55601(b)(1) and (3) of title
46, United States Code:
Provided further, That not later than 120 days after
enactment of this Act, the Administrator of the Maritime
Administration shall transmit to the House and Senate
Committees on Appropriations the annual report on sexual
assault and sexual harassment at the United States Merchant
Marine Academy as required pursuant to section 3507 of Public
Law 110-417: Provided further, That available balances under
this heading for the Short Sea Transportation Program
(America's Marine Highways) from prior year recoveries shall be
available to carry out activities authorized under sections
55601(b)(1) and (3) of title 46, United States Code: Provided
further, That from funds provided under paragraphs (3) and (4)
of the first proviso, the Secretary of Transportation shall
make grants no later than 180 days after enactment of this Act
in such amounts as the Secretary determines: Provided further,
That any unobligated balances and obligated balances not yet
expended from previous appropriations under this heading for
programs and activities supporting State Maritime Academies
shall be transferred to and merged with the appropriations for
``Maritime Administration--State Maritime Academy Operations''
and shall be made available for the same purposes as the
appropriations for ``Maritime Administration--State Maritime
Academy Operations''.
state maritime academy operations
For necessary expenses of operations, support and training
activities for State Maritime Academies, $342,280,000:
Provided, That of the sums appropriated under this heading--
(1) $30,080,000, to remain available until expended,
shall be for maintenance, repair, life extension,
marine insurance, and capacity improvement of National
Defense Reserve Fleet training ships in support of
State Maritime Academies, of which $8,080,000, to
remain available until expended, shall be for expenses
related to training mariners for costs associated with
training vessel sharing pursuant to 46 U.S.C.
51504(g)(3) for costs associated with mobilizing,
operating and demobilizing the vessel, including travel
costs for students, faculty and crew, the costs of the
general agent, crew costs, fuel, insurance, operational
fees, and vessel hire costs, as determined by the
Secretary;
(2) $300,000,000, to remain available until expended,
shall be for the National Security Multi-Mission Vessel
Program, including funds for construction, planning,
administration, and design of school ships;
(3) $2,400,000 shall remain available through
September 30, 2021, for the Student Incentive Program;
(4) $3,800,000 shall remain available until expended
for training ship fuel assistance; and
(5) $6,000,000 shall remain available until September
30, 2021, for direct payments for State Maritime
Academies.
assistance to small shipyards
To make grants to qualified shipyards as authorized under
section 54101 of title 46, United States Code, as amended by
Public Law 113-281, $20,000,000, to remain available until
expended.
ship disposal
For necessary expenses related to the disposal of obsolete
vessels in the National Defense Reserve Fleet of the Maritime
Administration, $5,000,000, to remain available until expended.
maritime guaranteed loan (title xi) program account
(including transfer of funds)
For administrative expenses to carry out the guaranteed loan
program, $3,000,000, which shall be transferred to and merged
with the appropriations for ``Operations and Training'',
Maritime Administration.
port infrastructure development program
To make grants to improve port facilities as authorized under
section 50302 of title 46, United States Code, $225,000,000 to
remain available until expended: Provided, That projects
eligible for funding provided under this heading shall be
projects for coastal seaports, inland river ports, or Great
Lakes ports: Provided further, That of the amounts made
available under this heading, no less than $200,000,000 shall
be for coastal seaports or Great Lakes ports: Provided
further, That the Maritime Administration shall distribute
funds provided under this heading as discretionary grants to
port authorities or commissions or their subdivisions and
agents under existing authority, as well as to a State or
political subdivision of a State or local government, a tribal
government, a public agency or publicly chartered authority
established by one or more States, a special purpose district
with a transportation function, a multistate or
multijurisdictional group of entities, or a lead entity
described above jointly with a private entity or group of
private entities: Provided further, That projects eligible for
funding provided under this heading shall be designed to
improve the safety, efficiency, or reliability of the movement
of goods into, out of, around, or within a port and located--
(1) within the boundary of a port, or
(2) outside the boundary of a port, and directly
related to port operations, or to an intermodal
connection to a port:
Provided further, That project awards eligible under this
heading shall be only for--
(1) port gate improvements;
(2) road improvements both within and connecting to
the port;
(3) rail improvements both within and connecting to
the port;
(4) berth improvements (including docks, wharves,
piers and dredging incidental to the improvement
project);
(5) fixed landside improvements in support of cargo
operations (such as silos, elevators, conveyors,
container terminals, Ro/Ro structures including parking
garages necessary for intermodal freight transfer,
warehouses including refrigerated facilities, lay-down
areas, transit sheds, and other such facilities);
(6) utilities necessary for safe operations
(including lighting, stormwater, and other such
improvements that are incidental to a larger
infrastructure project); or
(7) a combination of activities described above:
Provided further, That the Federal share of the costs for
which an expenditure is made under this heading shall be up to
80 percent: Provided further, That for grants awarded under
this heading, the minimum grant size shall be $1,000,000:
Provided further, That for grant awards less than $10,000,000,
the Secretary shall prioritize ports that handled less than
10,000,000 short tons in 2017, as identified by the U.S. Army
Corps of Engineers: Provided further, That for grant awards
less than $10,000,000, the Secretary may increase the Federal
share of costs above 80 percent: Provided further, That not to
exceed 2 percent of the funds appropriated under this heading
shall be available for necessary costs of grant administration.
administrative provisions--maritime administration
Sec. 170. Notwithstanding any other provision of this Act,
in addition to any existing authority, the Maritime
Administration is authorized to furnish utilities and services
and make necessary repairs in connection with any lease,
contract, or occupancy involving Government property under
control of the Maritime Administration: Provided, That
payments received therefor shall be credited to the
appropriation charged with the cost thereof and shall remain
available until expended: Provided further, That rental
payments under any such lease, contract, or occupancy for items
other than such utilities, services, or repairs shall be
covered into the Treasury as miscellaneous receipts.
Pipeline and Hazardous Materials Safety Administration
operational expenses
For necessary operational expenses of the Pipeline and
Hazardous Materials Safety Administration, $24,215,000, of
which $1,500,000 shall remain available until September 30,
2022: Provided, That no later than 90 days after enactment of
this Act, the Secretary of Transportation shall initiate a
rulemaking on automatic and remote-controlled shut-off valves
and hazardous liquid pipeline facilities leak detection systems
as required under section 4 and section 8 of the Pipeline
Safety, Regulatory Certainty, and Job Creation Act of 2011
(Public Law 112-90), respectively, and shall issue a final rule
no later than one year after enactment of this Act.
hazardous materials safety
For expenses necessary to discharge the hazardous materials
safety functions of the Pipeline and Hazardous Materials Safety
Administration, $61,000,000, of which $11,000,000 shall remain
available until September 30, 2022: Provided, That up to
$800,000 in fees collected under 49 U.S.C. 5108(g) shall be
deposited in the general fund of the Treasury as offsetting
receipts: Provided further, That there may be credited to this
appropriation, to be available until expended, funds received
from States, counties, municipalities, other public
authorities, and private sources for expenses incurred for
training, for reports publication and dissemination, and for
travel expenses incurred in performance of hazardous materials
exemptions and approvals functions.
pipeline safety
(pipeline safety fund)
(oil spill liability trust fund)
For expenses necessary to carry out a pipeline safety
program, as authorized by 49 U.S.C. 60107, and to discharge the
pipeline program responsibilities of the Oil Pollution Act of
1990, $168,000,000, to remain available until September 30,
2022, of which $23,000,000 shall be derived from the Oil Spill
Liability Trust Fund; of which $137,000,000 shall be derived
from the Pipeline Safety Fund; and of which $8,000,000 shall be
derived from fees collected under 49 U.S.C. 60302 and deposited
in the Underground Natural Gas Storage Facility Safety Account
for the purpose of carrying out 49 U.S.C. 60141: Provided,
That not less than $1,058,000 of the funds provided under this
heading shall be for the One-Call State grant program.
emergency preparedness grants
(emergency preparedness fund)
For expenses necessary to carry out the Emergency
Preparedness Grants program, not more than $28,318,000 shall
remain available until September 30, 2022, from amounts made
available by 49 U.S.C. 5116(h), and 5128(b) and (c): Provided,
That notwithstanding 49 U.S.C. 5116(h)(4), not more than 4
percent of the amounts made available from this account shall
be available to pay administrative costs: Provided further,
That notwithstanding 49 U.S.C. 5128(b) and (c) and the current
year obligation limitation, prior year recoveries recognized in
the current year shall be available to develop a hazardous
materials response training curriculum for emergency
responders, including response activities for the
transportation of crude oil, ethanol and other flammable
liquids by rail, consistent with National Fire Protection
Association standards, and to make such training available
through an electronic format: Provided further, That the prior
year recoveries made available under this heading shall also be
available to carry out 49 U.S.C. 5116(a)(1)(C), 5116(h),
5116(i), and 5107(e).
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General to
carry out the provisions of the Inspector General Act of 1978,
as amended, $94,600,000: Provided, That the Inspector General
shall have all necessary authority, in carrying out the duties
specified in the Inspector General Act, as amended (5 U.S.C.
App. 3), to investigate allegations of fraud, including false
statements to the government (18 U.S.C. 1001), by any person or
entity that is subject to regulation by the Department of
Transportation.
General Provisions--Department of Transportation
Sec. 180. (a) During the current fiscal year, applicable
appropriations to the Department of Transportation shall be
available for maintenance and operation of aircraft; hire of
passenger motor vehicles and aircraft; purchase of liability
insurance for motor vehicles operating in foreign countries on
official department business; and uniforms or allowances
therefor, as authorized by law (5 U.S.C. 5901-5902).
(b) During the current fiscal year, applicable appropriations
to the Department and its operating administrations shall be
available for the purchase, maintenance, operation, and
deployment of unmanned aircraft systems that advance the
Department's, or its operating administrations', missions.
(c) Any unmanned aircraft system purchased or procured by the
Department prior to the enactment of this Act shall be deemed
authorized.
Sec. 181. Appropriations contained in this Act for the
Department of Transportation shall be available for services as
authorized by 5 U.S.C. 3109, but at rates for individuals not
to exceed the per diem rate equivalent to the rate for an
Executive Level IV.
Sec. 182. (a) No recipient of funds made available in this
Act shall disseminate personal information (as defined in 18
U.S.C. 2725(3)) obtained by a State department of motor
vehicles in connection with a motor vehicle record as defined
in 18 U.S.C. 2725(1), except as provided in 18 U.S.C. 2721 for
a use permitted under 18 U.S.C. 2721.
(b) Notwithstanding subsection (a), the Secretary shall not
withhold funds provided in this Act for any grantee if a State
is in noncompliance with this provision.
Sec. 183. None of the funds in this Act shall be available
for salaries and expenses of more than 125 political and
Presidential appointees in the Department of Transportation:
Provided, That none of the personnel covered by this provision
may be assigned on temporary detail outside the Department of
Transportation.
Sec. 184. Funds received by the Federal Highway
Administration and Federal Railroad Administration from States,
counties, municipalities, other public authorities, and private
sources for expenses incurred for training may be credited
respectively to the Federal Highway Administration's ``Federal-
Aid Highways'' account and to the Federal Railroad
Administration's ``Safety and Operations'' account, except for
State rail safety inspectors participating in training pursuant
to 49 U.S.C. 20105.
Sec. 185. (a) None of the funds provided in this Act to the
Department of Transportation may be used to make a loan, loan
guarantee, line of credit, or discretionary grant unless the
Secretary of Transportation notifies the House and Senate
Committees on Appropriations not less than 3 full business days
before any project competitively selected to receive any
discretionary grant award, letter of intent, loan commitment,
loan guarantee commitment, line of credit commitment, or full
funding grant agreement is announced by the Department or its
modal administrations: Provided, That the Secretary gives
concurrent notification to the House and Senate Committees on
Appropriations for any ``quick release'' of funds from the
emergency relief program: Provided further, That no
notification shall involve funds that are not available for
obligation.
(b) In addition to the notification required in subsection
(a), none of the funds made available in this Act to the
Department of Transportation may be used to make a loan, loan
guarantee, line of credit, cooperative agreement or
discretionary grant unless the Secretary of Transportation
provides the House and Senate Committees on Appropriations a
comprehensive list of all such loans, loan guarantees, lines of
credit, cooperative agreement or discretionary grants that will
be announced not less the 3 full business days before such
announcement: Provided, That the Department shall provide the
list required in this subsection prior to the notification
required in subsection (a): Provided further, That the
requirement to provide a list in this subsection does not apply
to any ``quick release'' of funds from the emergency relief
program: Provided further, That no list shall involve funds
that are not available for obligation.
Sec. 186. Rebates, refunds, incentive payments, minor fees
and other funds received by the Department of Transportation
from travel management centers, charge card programs, the
subleasing of building space, and miscellaneous sources are to
be credited to appropriations of the Department of
Transportation and allocated to elements of the Department of
Transportation using fair and equitable criteria and such funds
shall be available until expended.
Sec. 187. Amounts made available in this or any prior Act
that the Secretary determines represent improper payments by
the Department of Transportation to a third-party contractor
under a financial assistance award, which are recovered
pursuant to law, shall be available--
(1) to reimburse the actual expenses incurred by the
Department of Transportation in recovering improper
payments: Provided, That amounts made available in
this Act shall be available until expended; and
(2) to pay contractors for services provided in
recovering improper payments or contractor support in
the implementation of the Improper Payments Information
Act of 2002, as amended by the Improper Payments
Elimination and Recovery Act of 2010 and Improper
Payments Elimination and Recovery Improvement Act of
2012, and Fraud Reduction and Data Analytics Act of
2015: Provided, That amounts in excess of that
required for paragraphs (1) and (2)--
(A) shall be credited to and merged with the
appropriation from which the improper payments
were made, and shall be available for the
purposes and period for which such
appropriations are available: Provided
further, That where specific project or
accounting information associated with the
improper payment or payments is not readily
available, the Secretary may credit an
appropriate account, which shall be available
for the purposes and period associated with the
account so credited; or
(B) if no such appropriation remains
available, shall be deposited in the Treasury
as miscellaneous receipts: Provided further,
That prior to depositing such recovery in the
Treasury, the Secretary shall notify the House
and Senate Committees on Appropriations of the
amount and reasons for such transfer: Provided
further, That for purposes of this section, the
term ``improper payments'' has the same meaning
as that provided in section 2(e)(2) of Public
Law 111-204.
Sec. 188. Notwithstanding any other provision of law, if any
funds provided in or limited by this Act are subject to a
reprogramming action that requires notice to be provided to the
House and Senate Committees on Appropriations, transmission of
said reprogramming notice shall be provided solely to the House
and Senate Committees on Appropriations, and said reprogramming
action shall be approved or denied solely by the House and
Senate Committees on Appropriations: Provided, That the
Secretary of Transportation may provide notice to other
congressional committees of the action of the House and Senate
Committees on Appropriations on such reprogramming but not
sooner than 30 days following the date on which the
reprogramming action has been approved or denied by the House
and Senate Committees on Appropriations.
Sec. 189. Funds appropriated in this Act to the modal
administrations may be obligated for the Office of the
Secretary for the costs related to assessments or reimbursable
agreements only when such amounts are for the costs of goods
and services that are purchased to provide a direct benefit to
the applicable modal administration or administrations.
Sec. 190. The Secretary of Transportation is authorized to
carry out a program that establishes uniform standards for
developing and supporting agency transit pass and transit
benefits authorized under section 7905 of title 5, United
States Code, including distribution of transit benefits by
various paper and electronic media.
Sec. 191. The Department of Transportation may use funds
provided by this Act, or any other Act, to assist a contract
under title 49 U.S.C. or title 23 U.S.C. utilizing geographic,
economic, or any other hiring preference not otherwise
authorized by law, or to amend a rule, regulation, policy or
other measure that forbids a recipient of a Federal Highway
Administration or Federal Transit Administration grant from
imposing such hiring preference on a contract or construction
project with which the Department of Transportation is
assisting, only if the grant recipient certifies the following:
(1) that except with respect to apprentices or
trainees, a pool of readily available but unemployed
individuals possessing the knowledge, skill, and
ability to perform the work that the contract requires
resides in the jurisdiction;
(2) that the grant recipient will include appropriate
provisions in its bid document ensuring that the
contractor does not displace any of its existing
employees in order to satisfy such hiring preference;
and
(3) that any increase in the cost of labor, training,
or delays resulting from the use of such hiring
preference does not delay or displace any
transportation project in the applicable Statewide
Transportation Improvement Program or Transportation
Improvement Program.
Sec. 192. Section 502(b)(3) of the Railroad Revitalization
and Regulatory Reform Act of 1976 (45 U.S.C. 822(b)(3)) is
amended by striking ``only during the 4-year period beginning
on the date of enactment of the Passenger Rail Reform and
Investment Act of 2015'' and inserting ``until September 30,
2020''.
Sec. 193. The Secretary of Transportation shall coordinate
with the Secretary of Homeland Security to ensure that best
practices for Industrial Control Systems Procurement are up-to-
date and shall ensure that systems procured with funds provided
under this title were procured using such practices.
This title may be cited as the ``Department of Transportation
Appropriations Act, 2020''.
TITLE II
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Management and Administration
executive offices
For necessary salaries and expenses for Executive Offices,
which shall be comprised of the offices of the Secretary,
Deputy Secretary, Adjudicatory Services, Congressional and
Intergovernmental Relations, Public Affairs, Small and
Disadvantaged Business Utilization, and the Center for Faith-
Based and Neighborhood Partnerships, $14,217,000, to remain
available until September 30, 2021: Provided, That not to
exceed $25,000 of the amount made available under this heading
shall be available to the Secretary for official reception and
representation expenses as the Secretary may determine.
administrative support offices
For necessary salaries and expenses for Administrative
Support Offices, $563,378,000, to remain available until
September 30, 2021: Provided, That of the sums appropriated
under this heading--
(1) $73,562,000 shall be available for the Office of
the Chief Financial Officer;
(2) $103,916,000 shall be available for the Office of
the General Counsel, of which not less than $18,700,000
shall be for the Departmental Enforcement Center;
(3) $206,849,000 shall be available for the Office of
Administration;
(4) $39,827,000 shall be available for the Office of
the Chief Human Capital Officer;
(5) $57,861,000 shall be available for the Office of
Field Policy and Management;
(6) $19,445,000 shall be available for the Office of
the Chief Procurement Officer;
(7) $4,242,000 shall be available for the Office of
Departmental Equal Employment Opportunity; and
(8) $57,676,000 shall be available for the Office of
the Chief Information Officer:
Provided further, That funds provided under this heading may
be used for necessary administrative and non-administrative
expenses of the Department of Housing and Urban Development,
not otherwise provided for, including purchase of uniforms, or
allowances therefor, as authorized by 5 U.S.C. 5901-5902; hire
of passenger motor vehicles; and services as authorized by 5
U.S.C. 3109: Provided further, That notwithstanding any other
provision of law, funds appropriated under this heading may be
used for advertising and promotional activities that directly
support program activities funded in this title: Provided
further, That the Secretary shall provide the House and Senate
Committees on Appropriations quarterly written notification
regarding the status of pending congressional reports:
Provided further, That the Secretary shall provide in
electronic form all signed reports required by Congress:
Provided further, That none of the funds made available under
this heading for the Office of the Chief Financial Officer for
the financial transformation initiative shall be available for
obligation until after the Secretary has published all
mitigation allocations made available under the heading
``Department of Housing and Urban Development--Community
Planning and Development--Community Development Fund'' in
Public Law 115-123 and the necessary administrative
requirements pursuant to section 1102 of Public Law 116-20:
Provided further, That only after the terms and conditions of
the previous proviso have been met, not more than 10 percent of
the funds made available under this heading for the Office of
the Chief Financial Officer for the financial transformation
initiative may be obligated until the Secretary submits to the
House and Senate Committees on Appropriations, for approval, a
plan for expenditure that includes the financial and internal
control capabilities to be delivered and the mission benefits
to be realized, key milestones to be met, and the relationship
between the proposed use of funds made available under this
heading and the projected total cost and scope of the
initiative.
program offices
For necessary salaries and expenses for Program Offices,
$847,000,000, to remain available until September 30, 2021:
Provided, That of the sums appropriated under this heading--
(1) $227,000,000 shall be available for the Office of
Public and Indian Housing;
(2) $124,000,000 shall be available for the Office of
Community Planning and Development;
(3) $384,000,000 shall be available for the Office of
Housing, of which not less than $12,300,000 shall be
for the Office of Recapitalization;
(4) $28,000,000 shall be available for the Office of
Policy Development and Research;
(5) $75,000,000 shall be available for the Office of
Fair Housing and Equal Opportunity; and
(6) $9,000,000 shall be available for the Office of
Lead Hazard Control and Healthy Homes.
working capital fund
(including transfer of funds)
For the working capital fund for the Department of Housing
and Urban Development (referred to in this paragraph as the
``Fund''), pursuant, in part, to section 7(f) of the Department
of Housing and Urban Development Act (42 U.S.C. 3535(f)),
amounts transferred, including reimbursements pursuant to
section 7(f), to the Fund under this heading shall be available
only for Federal shared services used by offices and agencies
of the Department, and for any such portion of any office or
agency's printing, records management, space renovation,
furniture, or supply services the Secretary has determined
shall be provided through the Fund, and the operational
expenses of the Fund: Provided, That amounts within the Fund
shall not be available to provide services not specifically
authorized under this heading: Provided further, That upon a
determination by the Secretary that any other service (or
portion thereof) authorized under this heading shall be
provided through the Fund, amounts made available in this title
for salaries and expenses under the headings ``Executive
Offices'', ``Administrative Support Offices'', ``Program
Offices'', and ``Government National Mortgage Association'',
for such services shall be transferred to the Fund, to remain
available until expended: Provided further, That the Secretary
shall notify the House and Senate Committees on Appropriations
of its plans for executing such transfers at least fifteen (15)
days in advance of such transfers: Provided further, That the
Secretary may transfer not to exceed an additional $5,000,000,
in aggregate, from all such appropriations, to be merged with
the Fund and to remain available until expended for any purpose
under this heading.
Public and Indian Housing
tenant-based rental assistance
For activities and assistance for the provision of tenant-
based rental assistance authorized under the United States
Housing Act of 1937, as amended (42 U.S.C. 1437 et seq.) (``the
Act'' herein), not otherwise provided for, $19,874,050,000, to
remain available until expended, shall be available on October
1, 2019 (in addition to the $4,000,000,000 previously
appropriated under this heading that shall be available on
October 1, 2019), and $4,000,000,000, to remain available until
expended, shall be available on October 1, 2020: Provided,
That the amounts made available under this heading are provided
as follows:
(1) $21,502,000,000 shall be available for renewals
of expiring section 8 tenant-based annual contributions
contracts (including renewals of enhanced vouchers
under any provision of law authorizing such assistance
under section 8(t) of the Act) and including renewal of
other special purpose incremental vouchers: Provided,
That notwithstanding any other provision of law, from
amounts provided under this paragraph and any
carryover, the Secretary for the calendar year 2020
funding cycle shall provide renewal funding for each
public housing agency based on validated voucher
management system (VMS) leasing and cost data for the
prior calendar year and by applying an inflation factor
as established by the Secretary, by notice published in
the Federal Register, and by making any necessary
adjustments for the costs associated with the first-
time renewal of vouchers under this paragraph including
tenant protection and Choice Neighborhoods vouchers:
Provided further, That none of the funds provided under
this paragraph may be used to fund a total number of
unit months under lease which exceeds a public housing
agency's authorized level of units under contract,
except for public housing agencies participating in the
MTW demonstration, which are instead governed by the
terms and conditions of their MTW agreements: Provided
further, That the Secretary shall, to the extent
necessary to stay within the amount specified under
this paragraph (except as otherwise modified under this
paragraph), prorate each public housing agency's
allocation otherwise established pursuant to this
paragraph: Provided further, That except as provided
in the following provisos, the entire amount specified
under this paragraph (except as otherwise modified
under this paragraph) shall be obligated to the public
housing agencies based on the allocation and pro rata
method described above, and the Secretary shall notify
public housing agencies of their annual budget by the
latter of 60 days after enactment of this Act or March
1, 2020: Provided further, That the Secretary may
extend the notification period with the prior written
approval of the House and Senate Committees on
Appropriations: Provided further, That public housing
agencies participating in the MTW demonstration shall
be funded pursuant to their MTW agreements and shall be
subject to the same pro rata adjustments under the
previous provisos: Provided further, That the
Secretary may offset public housing agencies' calendar
year 2020 allocations based on the excess amounts of
public housing agencies' net restricted assets
accounts, including HUD-held programmatic reserves (in
accordance with VMS data in calendar year 2019 that is
verifiable and complete), as determined by the
Secretary: Provided further, That public housing
agencies participating in the MTW demonstration shall
also be subject to the offset, as determined by the
Secretary, excluding amounts subject to the single fund
budget authority provisions of their MTW agreements,
from the agencies' calendar year 2020 MTW funding
allocation: Provided further, That the Secretary shall
use any offset referred to in the previous two provisos
throughout the calendar year to prevent the termination
of rental assistance for families as the result of
insufficient funding, as determined by the Secretary,
and to avoid or reduce the proration of renewal funding
allocations: Provided further, That up to $100,000,000
shall be available only: (1) for adjustments in the
allocations for public housing agencies, after
application for an adjustment by a public housing
agency that experienced a significant increase, as
determined by the Secretary, in renewal costs of
vouchers resulting from unforeseen circumstances or
from portability under section 8(r) of the Act; (2) for
vouchers that were not in use during the previous 12-
month period in order to be available to meet a
commitment pursuant to section 8(o)(13) of the Act; (3)
for adjustments for costs associated with HUD-Veterans
Affairs Supportive Housing (HUD-VASH) vouchers; (4) for
public housing agencies that despite taking reasonable
cost savings measures, as determined by the Secretary,
would otherwise be required to terminate rental
assistance for families as a result of insufficient
funding; (5) for adjustments in the allocations for
public housing agencies that (i) are leasing a lower-
than-average percentage of their authorized vouchers,
(ii) have low amounts of budget authority in their net
restricted assets accounts and HUD-held programmatic
reserves, relative to other agencies, and (iii) are not
participating in the Moving to Work demonstration, to
enable such agencies to lease more vouchers; and (6)
for public housing agencies that have experienced
increased costs or loss of units in an area for which
the President declared a disaster under title IV of the
Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170 et seq.): Provided
further, That the Secretary shall allocate amounts
under the previous proviso based on need, as determined
by the Secretary;
(2) $75,000,000 shall be for section 8 rental
assistance for relocation and replacement of housing
units that are demolished or disposed of pursuant to
section 18 of the Act, conversion of section 23
projects to assistance under section 8, the family
unification program under section 8(x) of the Act,
relocation of witnesses in connection with efforts to
combat crime in public and assisted housing pursuant to
a request from a law enforcement or prosecution agency,
enhanced vouchers under any provision of law
authorizing such assistance under section 8(t) of the
Act, Choice Neighborhood vouchers, mandatory and
voluntary conversions, and tenant protection assistance
including replacement and relocation assistance or for
project-based assistance to prevent the displacement of
unassisted elderly tenants currently residing in
section 202 properties financed between 1959 and 1974
that are refinanced pursuant to Public Law 106-569, as
amended, or under the authority as provided under this
Act: Provided, That when a public housing development
is submitted for demolition or disposition under
section 18 of the Act, the Secretary may provide
section 8 rental assistance when the units pose an
imminent health and safety risk to residents: Provided
further, That the Secretary may only provide
replacement vouchers for units that were occupied
within the previous 24 months that cease to be
available as assisted housing, subject only to the
availability of funds: Provided further, That of the
amounts made available under this paragraph, up to
$5,000,000 may be available to provide tenant
protection assistance, not otherwise provided under
this paragraph, to residents residing in low vacancy
areas and who may have to pay rents greater than 30
percent of household income, as the result of: (A) the
maturity of a HUD-insured, HUD-held or section 202 loan
that requires the permission of the Secretary prior to
loan prepayment; (B) the expiration of a rental
assistance contract for which the tenants are not
eligible for enhanced voucher or tenant protection
assistance under existing law; or (C) the expiration of
affordability restrictions accompanying a mortgage or
preservation program administered by the Secretary:
Provided further, That such tenant protection
assistance made available under the previous proviso
may be provided under the authority of section 8(t) or
section 8(o)(13) of the United States Housing Act of
1937 (42 U.S.C. 1437f(t)): Provided further, That the
Secretary shall issue guidance to implement the
previous provisos, including, but not limited to,
requirements for defining eligible at-risk households
within 60 days of the enactment of this Act: Provided
further, That any tenant protection voucher made
available from amounts under this paragraph shall not
be reissued by any public housing agency, except the
replacement vouchers as defined by the Secretary by
notice, when the initial family that received any such
voucher no longer receives such voucher, and the
authority for any public housing agency to issue any
such voucher shall cease to exist: Provided further,
That the Secretary may provide section 8 rental
assistance from amounts made available under this
paragraph for units assisted under a project-based
subsidy contract funded under the ``Project-Based
Rental Assistance'' heading under this title where the
owner has received a Notice of Default and the units
pose an imminent health and safety risk to residents:
Provided further, That to the extent that the Secretary
determines that such units are not feasible for
continued rental assistance payments or transfer of the
subsidy contract associated with such units to another
project or projects and owner or owners, any remaining
amounts associated with such units under such contract
shall be recaptured and used to reimburse amounts used
under this paragraph for rental assistance under the
preceding proviso;
(3) $1,977,000,000 shall be for administrative and
other expenses of public housing agencies in
administering the section 8 tenant-based rental
assistance program, of which up to $30,000,000 shall be
available to the Secretary to allocate to public
housing agencies that need additional funds to
administer their section 8 programs, including fees
associated with section 8 tenant protection rental
assistance, the administration of disaster related
vouchers, HUD-VASH vouchers, and other special purpose
incremental vouchers: Provided, That no less than
$1,947,000,000 of the amount provided in this paragraph
shall be allocated to public housing agencies for the
calendar year 2020 funding cycle based on section 8(q)
of the Act (and related Appropriation Act provisions)
as in effect immediately before the enactment of the
Quality Housing and Work Responsibility Act of 1998
(Public Law 105-276): Provided further, That if the
amounts made available under this paragraph are
insufficient to pay the amounts determined under the
previous proviso, the Secretary may decrease the
amounts allocated to agencies by a uniform percentage
applicable to all agencies receiving funding under this
paragraph or may, to the extent necessary to provide
full payment of amounts determined under the previous
proviso, utilize unobligated balances, including
recaptures and carryovers, remaining from funds
appropriated to the Department of Housing and Urban
Development under this heading from prior fiscal years,
excluding special purpose vouchers, notwithstanding the
purposes for which such amounts were appropriated:
Provided further, That all public housing agencies
participating in the MTW demonstration shall be funded
pursuant to their MTW agreements, and shall be subject
to the same uniform percentage decrease as under the
previous proviso: Provided further, That amounts
provided under this paragraph shall be only for
activities related to the provision of tenant-based
rental assistance authorized under section 8, including
related development activities;
(4) $229,050,000 for the renewal of tenant-based
assistance contracts under section 811 of the Cranston-
Gonzalez National Affordable Housing Act (42 U.S.C.
8013), including necessary administrative expenses:
Provided, That administrative and other expenses of
public housing agencies in administering the special
purpose vouchers in this paragraph shall be funded
under the same terms and be subject to the same pro
rata reduction as the percent decrease for
administrative and other expenses to public housing
agencies under paragraph (3) of this heading: Provided
further, That upon turnover, section 811 special
purpose vouchers funded under this heading in this or
prior Acts, or under any other heading in prior Acts,
shall be provided to non-elderly persons with
disabilities;
(5) $1,000,000 shall be for rental assistance and
associated administrative fees for Tribal HUD-VASH to
serve Native American veterans that are homeless or at-
risk of homelessness living on or near a reservation or
other Indian areas: Provided, That such amount shall
be made available for renewal grants to recipients that
received assistance under prior Acts under the Tribal
HUD-VASH program: Provided further, That the Secretary
shall be authorized to specify criteria for renewal
grants, including data on the utilization of assistance
reported by grant recipients: Provided further, That
such assistance shall be administered in accordance
with program requirements under the Native American
Housing Assistance and Self-Determination Act of 1996
and modeled after the HUD-VASH program: Provided
further, That the Secretary shall be authorized to
waive, or specify alternative requirements for any
provision of any statute or regulation that the
Secretary administers in connection with the use of
funds made available under this paragraph (except for
requirements related to fair housing,
nondiscrimination, labor standards, and the
environment), upon a finding by the Secretary that any
such waivers or alternative requirements are necessary
for the effective delivery and administration of such
assistance: Provided further, That grant recipients
shall report to the Secretary on utilization of such
rental assistance and other program data, as prescribed
by the Secretary: Provided further, That the Secretary
may reallocate, as determined by the Secretary, amounts
returned or recaptured from awards under prior Acts;
(6) $40,000,000 for incremental rental voucher
assistance for use through a supported housing program
administered in conjunction with the Department of
Veterans Affairs as authorized under section 8(o)(19)
of the United States Housing Act of 1937: Provided,
That the Secretary of Housing and Urban Development
shall make such funding available, notwithstanding
section 203 (competition provision) of this title, to
public housing agencies that partner with eligible VA
Medical Centers or other entities as designated by the
Secretary of the Department of Veterans Affairs, based
on geographical need for such assistance as identified
by the Secretary of the Department of Veterans Affairs,
public housing agency administrative performance, and
other factors as specified by the Secretary of Housing
and Urban Development in consultation with the
Secretary of the Department of Veterans Affairs:
Provided further, That the Secretary of Housing and
Urban Development may waive, or specify alternative
requirements for (in consultation with the Secretary of
the Department of Veterans Affairs), any provision of
any statute or regulation that the Secretary of Housing
and Urban Development administers in connection with
the use of funds made available under this paragraph
(except for requirements related to fair housing,
nondiscrimination, labor standards, and the
environment), upon a finding by the Secretary that any
such waivers or alternative requirements are necessary
for the effective delivery and administration of such
voucher assistance: Provided further, That assistance
made available under this paragraph shall continue to
remain available for homeless veterans upon turn-over;
(7) $25,000,000 shall be made available for the
family unification program as authorized under section
8(x) of the Act: Provided, That the amounts made
available under this paragraph are provided as follows:
(A) $5,000,000 shall be for new incremental
voucher assistance: Provided, That the
assistance made available under this
subparagraph shall continue to remain available
for family unification upon turnover; and
(B) $20,000,000 shall be for new incremental
voucher assistance to assist eligible youth as
defined by such section 8(x)(2)(B): Provided,
That assistance made available under this
subparagraph shall continue to remain available
for such eligible youth upon turnover:
Provided further, That of the total amount made
available under this subparagraph, up to
$10,000,000 shall be available on a
noncompetitive basis to public housing agencies
that partner with public child welfare agencies
to identify such eligible youth, that request
such assistance to timely assist such eligible
youth, and that meet any other criteria as
specified by the Secretary: Provided further,
That the Secretary shall review utilization of
the assistance made available under the
previous proviso, at an interval to be
determined by the Secretary, and unutilized
voucher assistance that is no longer needed
shall be recaptured by the Secretary and
reallocated pursuant to the previous proviso:
Provided further, That for any public housing agency
administering voucher assistance appropriated in a
prior Act under the family unification program, or made
available and competitively selected under this
paragraph, that determines that it no longer has an
identified need for such assistance upon turnover, such
agency shall notify the Secretary, and the Secretary
shall recapture such assistance from the agency and
reallocate it to any other public housing agency or
agencies based on need for voucher assistance in
connection with such specified program or eligible
youth, as applicable;
(8) $25,000,000 shall be made available for the
mobility demonstration authorized under section 235 of
division G of the Consolidated Appropriations Act, 2019
(42 U.S.C. 1437f note; Public Law 116-6; 133 Stat.
465), of which up to $5,000,000 shall be for new
incremental voucher assistance and the remainder of
which shall be available to provide mobility-related
services to families with children, including pre- and
post-move counseling and rent deposits, and to offset
the administrative costs of operating the mobility
demonstration: Provided, That incremental voucher
assistance made available under this paragraph shall be
for families with children participating in the
mobility demonstration and shall continue to remain
available for families with children upon turnover:
Provided further, That for any public housing agency
administering voucher assistance under the mobility
demonstration that determines that it no longer has an
identified need for such assistance upon turnover, such
agency shall notify the Secretary, and the Secretary
shall recapture such assistance from the agency and
reallocate it to any other public housing agency or
agencies based on need for voucher assistance in
connection with such demonstration; and
(9) the Secretary shall separately track all special
purpose vouchers funded under this heading.
housing certificate fund
(including rescissions)
Unobligated balances, including recaptures and carryover,
remaining from funds appropriated to the Department of Housing
and Urban Development under this heading, the heading ``Annual
Contributions for Assisted Housing'' and the heading ``Project-
Based Rental Assistance'', for fiscal year 2020 and prior years
may be used for renewal of or amendments to section 8 project-
based contracts and for performance-based contract
administrators, notwithstanding the purposes for which such
funds were appropriated: Provided, That any obligated balances
of contract authority from fiscal year 1974 and prior that have
been terminated shall be rescinded: Provided further, That
amounts heretofore recaptured, or recaptured during the current
fiscal year, from section 8 project-based contracts from source
years fiscal year 1975 through fiscal year 1987 are hereby
rescinded, and an amount of additional new budget authority,
equivalent to the amount rescinded is hereby appropriated, to
remain available until expended, for the purposes set forth
under this heading, in addition to amounts otherwise available.
public housing capital fund
For the Public Housing Capital Fund Program to carry out
capital and management activities for public housing agencies,
as authorized under section 9 of the United States Housing Act
of 1937 (42 U.S.C. 1437g) (the ``Act'') $2,869,893,812, to
remain available until September 30, 2023: Provided, That
notwithstanding any other provision of law or regulation,
during fiscal year 2020, the Secretary of Housing and Urban
Development may not delegate to any Department official other
than the Deputy Secretary and the Assistant Secretary for
Public and Indian Housing any authority under paragraph (2) of
section 9(j) regarding the extension of the time periods under
such section: Provided further, That for purposes of such
section 9(j), the term ``obligate'' means, with respect to
amounts, that the amounts are subject to a binding agreement
that will result in outlays, immediately or in the future:
Provided further, That of the total amount made available under
this heading, up to $14,000,000 shall be to support ongoing
public housing financial and physical assessment activities:
Provided further, That of the total amount made available under
this heading, up to $1,000,000 shall be to support the costs of
administrative and judicial receiverships: Provided further,
That of the total amount provided under this heading, not to
exceed $64,650,000 shall be available for the Secretary to make
grants, notwithstanding section 203 of this Act, to public
housing agencies for emergency capital needs including safety
and security measures necessary to address crime and drug-
related activity as well as needs resulting from unforeseen or
unpreventable emergencies and natural disasters excluding
Presidentially declared emergencies and natural disasters under
the Robert T. Stafford Disaster Relief and Emergency Act (42
U.S.C. 5121 et seq.) occurring in fiscal year 2020, of which
$34,650,000 shall be available for public housing agencies
under administrative and judicial receiverships or under the
control of a Federal monitor: Provided further, That of the
amount made available under the previous proviso, not less than
$10,000,000 shall be for safety and security measures:
Provided further, That in addition to the amount in the
previous proviso for such safety and security measures, any
amounts that remain available, after all applications received
on or before September 30, 2021, for emergency capital needs
have been processed, shall be allocated to public housing
agencies for such safety and security measures: Provided
further, That for funds provided under this heading, the
limitation in section 9(g)(1) of the Act shall be 25 percent:
Provided further, That the Secretary may waive the limitation
in the previous proviso to allow public housing agencies to
fund activities authorized under section 9(e)(1)(C) of the Act:
Provided further, That the Secretary shall notify public
housing agencies requesting waivers under the previous proviso
if the request is approved or denied within 14 days of
submitting the request: Provided further, That from the funds
made available under this heading, the Secretary shall provide
bonus awards in fiscal year 2020 to public housing agencies
that are designated high performers: Provided further, That
the Department shall notify public housing agencies of their
formula allocation within 60 days of enactment of this Act:
Provided further, That of the total amount provided under this
heading, $45,000,000 shall be available for competitive grants
to public housing agencies to evaluate and reduce lead-based
paint hazards and other housing-related hazards including
carbon monoxide and mold in public housing: Provided further,
That of the amounts available under the previous proviso, no
less than $25,000,000 shall be for competitive grants to public
housing agencies to evaluate and reduce lead-based paint
hazards in public housing by carrying out the activities of
risk assessments, abatement, and interim controls (as those
terms are defined in section 1004 of the Residential Lead-Based
Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851b)):
Provided further, That for purposes of environmental review, a
grant under the previous two provisos shall be considered funds
for projects or activities under title I of the United States
Housing Act of 1937 (42 U.S.C. 1437 et seq.) for purposes of
section 26 of such Act (42 U.S.C. 1437x) and shall be subject
to the regulations implementing such section: Provided
further, That for funds made available under the previous three
provisos, the Secretary shall allow a PHA to apply for up to 20
percent of the funds made available under the first two
provisos and prioritize need when awarding grants.
public housing operating fund
For 2020 payments to public housing agencies for the
operation and management of public housing, as authorized by
section 9(e) of the United States Housing Act of 1937 (42
U.S.C. 1437g(e)), $4,549,000,000, to remain available until
September 30, 2021: Provided, That of the total amount
available under this heading, $25,000,000 shall be available to
the Secretary to allocate pursuant to a need-based application
process notwithstanding section 203 of this title and not
subject to the Operating Fund formula at part 990 of title 24,
Code of Federal Regulations to public housing agencies that
experience financial insolvency, as determined by the
Secretary: Provided further, That after all such insolvency
needs are met, the Secretary may distribute any remaining funds
to all public housing agencies on a pro-rata basis pursuant to
the Operating Fund formula at part 990 of title 24, Code of
Federal Regulations.
choice neighborhoods initiative
For competitive grants under the Choice Neighborhoods
Initiative (subject to section 24 of the United States Housing
Act of 1937 (42 U.S.C. 1437v), unless otherwise specified under
this heading), for transformation, rehabilitation, and
replacement housing needs of both public and HUD-assisted
housing and to transform neighborhoods of poverty into
functioning, sustainable mixed income neighborhoods with
appropriate services, schools, public assets, transportation
and access to jobs, $175,000,000, to remain available until
September 30, 2022: Provided, That grant funds may be used for
resident and community services, community development, and
affordable housing needs in the community, and for conversion
of vacant or foreclosed properties to affordable housing:
Provided further, That the use of funds made available under
this heading shall not be deemed to be public housing
notwithstanding section 3(b)(1) of such Act: Provided further,
That grantees shall commit to an additional period of
affordability determined by the Secretary of not fewer than 20
years: Provided further, That grantees shall provide a match
in State, local, other Federal or private funds: Provided
further, That grantees may include local governments, tribal
entities, public housing authorities, and nonprofits: Provided
further, That for-profit developers may apply jointly with a
public entity: Provided further, That for purposes of
environmental review, a grantee shall be treated as a public
housing agency under section 26 of the United States Housing
Act of 1937 (42 U.S.C. 1437x), and grants under this heading
shall be subject to the regulations issued by the Secretary to
implement such section: Provided further, That of the amount
provided, not less than $87,500,000 shall be awarded to public
housing agencies: Provided further, That such grantees shall
create partnerships with other local organizations including
assisted housing owners, service agencies, and resident
organizations: Provided further, That the Secretary shall
consult with the Secretaries of Education, Labor,
Transportation, Health and Human Services, Agriculture, and
Commerce, the Attorney General, and the Administrator of the
Environmental Protection Agency to coordinate and leverage
other appropriate Federal resources: Provided further, That no
more than $5,000,000 of funds made available under this heading
may be provided as grants to undertake comprehensive local
planning with input from residents and the community: Provided
further, That unobligated balances, including recaptures,
remaining from funds appropriated under the heading
``Revitalization of Severely Distressed Public Housing (HOPE
VI)'' in fiscal year 2011 and prior fiscal years may be used
for purposes under this heading, notwithstanding the purposes
for which such amounts were appropriated: Provided further,
That the Secretary shall issue the Notice of Funding
Availability for funds made available under this heading no
later than 90 days after enactment of this Act: Provided
further, That the Secretary shall make grant awards no later
than one year from the date of enactment of this Act in such
amounts that the Secretary determines: Provided further, That
notwithstanding section 24(o) of the United States Housing Act
of 1937 (42 U.S.C. 1437v(o)), the Secretary may, until
September 30, 2023, obligate any available unobligated balances
made available under this heading in this, or any prior Act.
self-sufficiency programs
For activities and assistance related to Self-Sufficiency
Programs, to remain available until September 30, 2023,
$130,000,000: Provided, That the amounts made available under
this heading are provided as follows:
(1) $80,000,000 shall be for the Family Self-
Sufficiency program to support family self-sufficiency
coordinators under section 23 of the United States
Housing Act of 1937 (42 U.S.C. 1437u), to promote the
development of local strategies to coordinate the use
of assistance under sections 8 and 9 of such Act with
public and private resources, and enable eligible
families to achieve economic independence and self-
sufficiency: Provided, That the Secretary may, by
Federal Register notice, waive or specify alternative
requirements under subsections (b)(3), (b)(4), (b)(5),
or (c)(1) of section 23 of such Act in order to
facilitate the operation of a unified self-sufficiency
program for individuals receiving assistance under
different provisions of the Act, as determined by the
Secretary: Provided further, That owners of a
privately owned multifamily property with a section 8
contract may voluntarily make a Family Self-Sufficiency
program available to the assisted tenants of such
property in accordance with procedures established by
the Secretary: Provided further, That such procedures
established pursuant to the previous proviso shall
permit participating tenants to accrue escrow funds in
accordance with section 23(d)(2) and shall allow owners
to use funding from residual receipt accounts to hire
coordinators for their own Family Self-Sufficiency
program;
(2) $35,000,000 shall be for the Resident Opportunity
and Self-Sufficiency program to provide for supportive
services, service coordinators, and congregate services
as authorized by section 34 of the United States
Housing Act of 1937 (42 U.S.C. 1437z-6) and the Native
American Housing Assistance and Self-Determination Act
of 1996 (25 U.S.C. 4101 et seq.); and
(3) $15,000,000 shall be for a Jobs-Plus initiative,
modeled after the Jobs-Plus demonstration: Provided,
That funding provided under this paragraph shall be
available for competitive grants to partnerships
between public housing authorities, local workforce
investment boards established under section 107 of the
Workforce Innovation and Opportunity Act of 2014 (29
U.S.C. 3122), and other agencies and organizations that
provide support to help public housing residents obtain
employment and increase earnings: Provided further,
That applicants must demonstrate the ability to provide
services to residents, partner with workforce
investment boards, and leverage service dollars:
Provided further, That the Secretary may allow public
housing agencies to request exemptions from rent and
income limitation requirements under sections 3 and 6
of the United States Housing Act of 1937 (42 U.S.C.
1437a, 1437d), as necessary to implement the Jobs-Plus
program, on such terms and conditions as the Secretary
may approve upon a finding by the Secretary that any
such waivers or alternative requirements are necessary
for the effective implementation of the Jobs-Plus
initiative as a voluntary program for residents:
Provided further, That the Secretary shall publish by
notice in the Federal Register any waivers or
alternative requirements pursuant to the preceding
proviso no later than 10 days before the effective date
of such notice.
native american programs
(including transfer of funds)
For activities and assistance authorized under title I of the
Native American Housing Assistance and Self-Determination Act
of 1996 (NAHASDA) (25 U.S.C. 4111 et seq.), title I of the
Housing and Community Development Act of 1974 with respect to
Indian tribes (42 U.S.C. 5306(a)(1)), and related training and
technical assistance, $825,000,000, to remain available until
September 30, 2024, unless otherwise specified: Provided, That
the amounts made available under this heading are provided as
follows:
(1) $646,000,000 shall be available for the Native
American Housing Block Grants program, as authorized
under title I of NAHASDA: Provided, That,
notwithstanding NAHASDA, to determine the amount of the
allocation under title I of such Act for each Indian
tribe, the Secretary shall apply the formula under
section 302 of such Act with the need component based
on single-race census data and with the need component
based on multi-race census data, and the amount of the
allocation for each Indian tribe shall be the greater
of the two resulting allocation amounts: Provided
further, That the Department will notify grantees of
their formula allocation within 60 days of the date of
enactment of this Act;
(2) $2,000,000 shall be available for the cost of
guaranteed notes and other obligations, as authorized
by title VI of NAHASDA: Provided, That such costs,
including the costs of modifying such notes and other
obligations, shall be as defined in section 502 of the
Congressional Budget Act of 1974, as amended: Provided
further, That these funds are available to subsidize
the total principal amount of any notes and other
obligations, any part of which is to be guaranteed, not
to exceed $32,000,000;
(3) $100,000,000 shall be available for competitive
grants under the Native American Housing Block Grants
program, as authorized under title I of NAHASDA:
Provided, That the Secretary shall obligate this
additional amount for competitive grants to eligible
recipients authorized under NAHASDA that apply for
funds: Provided further, That in awarding this
additional amount, the Secretary shall consider need
and administrative capacity, and shall give priority to
projects that will spur construction and
rehabilitation: Provided further, That a grant funded
pursuant to this paragraph shall be not greater than
$10,000,000: Provided further, That up to 1 percent of
this additional amount may be transferred, in
aggregate, to ``Program Offices--Public and Indian
Housing'' for necessary costs of administering and
overseeing the obligation and expenditure of this
additional amount and of additional amounts provided in
prior years, to remain available until September 30,
2025: Provided further, That any funds transferred
pursuant to the previous proviso in prior Acts may also
be used for the purposes described in the previous
proviso;
(4) $70,000,000 shall be available for grants to
Indian tribes for carrying out the Indian Community
Development Block Grant program under title I of the
Housing and Community Development Act of 1974,
notwithstanding section 106(a)(1) of such Act, of
which, notwithstanding any other provision of law
(including section 203 of this Act), up to $4,000,000
may be used for emergencies that constitute imminent
threats to health and safety: Provided, That not to
exceed 20 percent of any grant made with funds
appropriated under this paragraph shall be expended for
planning and management development and administration:
Provided further, That funds provided under this
paragraph shall remain available until September 30,
2022; and
(5) $7,000,000 shall be available for providing
training and technical assistance to Indian tribes,
Indian housing authorities and tribally designated
housing entities, to support the inspection of Indian
housing units, contract expertise, and for training and
technical assistance related to funding provided under
this heading and other headings under this Act for the
needs of Native American families and Indian country:
Provided, That of the funds made available under this
paragraph, not less than $2,000,000 shall be available
for a national organization as authorized under section
703 of NAHASDA (25 U.S.C. 4212): Provided further,
That amounts made available under this paragraph may be
used, contracted, or competed as determined by the
Secretary: Provided further, That notwithstanding the
provisions of the Federal Grant and Cooperative
Agreements Act of 1977 (31 U.S.C. 6301-6308), the
amounts made available under this paragraph may be used
by the Secretary to enter into cooperative agreements
with public and private organizations, agencies,
institutions, and other technical assistance providers
to support the administration of negotiated rulemaking
under section 106 of NAHASDA (25 U.S.C. 4116), the
administration of the allocation formula under section
302 of NAHASDA (25 U.S.C. 4152), and the administration
of performance tracking and reporting under section 407
of NAHASDA (25 U.S.C. 4167): Provided further, That of
the funds made available under this paragraph, not more
than $1,000,000 shall be available to support
utilization, outreach, and capacity building with
tribes and tribal housing organizations for the Tribal
HUD-VASH program.
indian housing loan guarantee fund program account
For the cost of guaranteed loans, as authorized by section
184 of the Housing and Community Development Act of 1992 (12
U.S.C. 1715z-13a), $1,100,000, to remain available until
expended: Provided, That such costs, including the costs of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That an
additional $500,000, to remain available until expended, shall
be available for administrative contract expenses including
management processes to carry out the loan guarantee program:
Provided further, That the Secretary may subsidize total loan
principal, any part of which is to be guaranteed, up to
$1,000,000,000, to remain available until expended: Provided
further, That for any unobligated balances (including amounts
of uncommitted limitation) remaining from amounts made
available under this heading in Public Law 115-31, Public Law
115-141, and Public Law 116-6, and for any recaptures occurring
in fiscal year 2019 or in future fiscal years of amounts made
available under this heading in prior fiscal years, the second
proviso of each such heading shall be applied as if ``these
funds are available to'' was struck and ``the Secretary may''
was inserted in its place.
native hawaiian housing block grant
For the Native Hawaiian Housing Block Grant program, as
authorized under title VIII of the Native American Housing
Assistance and Self-Determination Act of 1996 (25 U.S.C. 4111
et seq.), $2,000,000, to remain available until September 30,
2024: Provided, That notwithstanding section 812(b) of such
Act, the Department of Hawaiian Home Lands may not invest grant
amounts provided under this heading in investment securities
and other obligations: Provided further, That amounts made
available under this heading in this and prior fiscal years may
be used to provide rental assistance to eligible Native
Hawaiian families both on and off the Hawaiian Home Lands,
notwithstanding any other provision of law.
Community Planning and Development
housing opportunities for persons with aids
For carrying out the Housing Opportunities for Persons with
AIDS program, as authorized by the AIDS Housing Opportunity Act
(42 U.S.C. 12901 et seq.), $410,000,000, to remain available
until September 30, 2021, except that amounts allocated
pursuant to section 854(c)(5) of such Act shall remain
available until September 30, 2022: Provided, That the
Secretary shall renew all expiring contracts for permanent
supportive housing that initially were funded under section
854(c)(5) of such Act from funds made available under this
heading in fiscal year 2010 and prior fiscal years that meet
all program requirements before awarding funds for new
contracts under such section: Provided further, That the
Department shall notify grantees of their formula allocation
within 60 days of enactment of this Act.
community development fund
For carrying out the community development block grant
program under title I of the Housing and Community Development
Act of 1974, as amended (42 U.S.C. 5301 et seq.)(``the Act''
herein), $3,425,000,000, to remain available until September
30, 2022, unless otherwise specified: Provided, That unless
explicitly provided for under this heading, not to exceed 20
percent of any grant made with funds appropriated under this
heading shall be expended for planning and management
development and administration: Provided further, That a
metropolitan city, urban county, unit of general local
government, or insular area that directly or indirectly
receives funds under this heading may not sell, trade, or
otherwise transfer all or any portion of such funds to another
such entity in exchange for any other funds, credits or non-
Federal considerations, but must use such funds for activities
eligible under title I of the Act: Provided further, That
notwithstanding section 105(e)(1) of the Act, no funds provided
under this heading may be provided to a for-profit entity for
an economic development project under section 105(a)(17) unless
such project has been evaluated and selected in accordance with
guidelines required under subsection (e)(2): Provided further,
That of the total amount provided under this heading,
$25,000,000 shall be for activities authorized under section
8071 of the SUPPORT for Patients and Communities Act (Public
Law 115-271): Provided further, That the funds allocated
pursuant to the previous proviso shall not adversely affect the
amount of any formula assistance received by a State under this
heading: Provided further, That the Secretary shall allocate
the funds for such activities based on the percentages shown in
Table 1 of the Notice establishing the funding formula
published in 84 FR 16027 (April 17, 2019): Provided further,
That the Department shall notify grantees of their formula
allocation within 60 days of enactment of this Act.
community development loan guarantees program account
Subject to section 502 of the Congressional Budget Act of
1974, during fiscal year 2020, commitments to guarantee loans
under section 108 of the Housing and Community Development Act
of 1974 (42 U.S.C. 5308), any part of which is guaranteed,
shall not exceed a total principal amount of $300,000,000,
notwithstanding any aggregate limitation on outstanding
obligations guaranteed in subsection (k) of such section 108:
Provided, That the Secretary shall collect fees from borrowers,
notwithstanding subsection (m) of such section 108, to result
in a credit subsidy cost of zero for guaranteeing such loans,
and any such fees shall be collected in accordance with section
502(7) of the Congressional Budget Act of 1974: Provided
further, That such commitment authority funded by fees may be
used to guarantee, or make commitments to guarantee, notes or
other obligations issued by any State on behalf of non-
entitlement communities in the State in accordance with the
requirements of such section 108: Provided further, That any
State receiving such a guarantee or commitment under the
previous proviso shall distribute all funds subject to such
guarantee to the units of general local government in
nonentitlement areas that received the commitment.
home investment partnerships program
For the HOME Investment Partnerships program, as authorized
under title II of the Cranston-Gonzalez National Affordable
Housing Act, as amended, $1,350,000,000, to remain available
until September 30, 2023: Provided, That notwithstanding the
amount made available under this heading, the threshold
reduction requirements in sections 216(10) and 217(b)(4) of
such Act shall not apply to allocations of such amount:
Provided further, That the Department shall notify grantees of
their formula allocation within 60 days of enactment of this
Act: Provided further, That section 218(g) of such Act (42
U.S.C. 12748(g)) shall not apply with respect to the right of a
jurisdiction to draw funds from its HOME Investment Trust Fund
that otherwise expired or would expire in 2016, 2017, 2018,
2019, 2020, 2021, or 2022 under that section: Provided
further, That section 231(b) of such Act (42 U.S.C. 12771(b))
shall not apply to any uninvested funds that otherwise were
deducted or would be deducted from the line of credit in the
participating jurisdiction's HOME Investment Trust Fund in
2018, 2019, 2020, 2021, or 2022 under that section.
self-help and assisted homeownership opportunity program
For the Self-Help and Assisted Homeownership Opportunity
Program, as authorized under section 11 of the Housing
Opportunity Program Extension Act of 1996, as amended,
$55,000,000, to remain available until September 30, 2022:
Provided, That of the total amount provided under this heading,
$10,000,000 shall be made available to the Self-Help
Homeownership Opportunity Program as authorized under section
11 of the Housing Opportunity Program Extension Act of 1996, as
amended: Provided further, That of the total amount provided
under this heading, $36,000,000 shall be made available for the
second, third, and fourth capacity building activities
authorized under section 4(a) of the HUD Demonstration Act of
1993 (42 U.S.C. 9816 note), of which not less than $5,000,000
shall be made available for rural capacity building activities:
Provided further, That of the total amount provided under this
heading, $5,000,000 shall be made available for capacity
building by national rural housing organizations with
experience assessing national rural conditions and providing
financing, training, technical assistance, information, and
research to local nonprofits, local governments, and Indian
Tribes serving high need rural communities: Provided further,
That of the total amount provided under this heading,
$4,000,000, shall be made available for a program to
rehabilitate and modify the homes of disabled or low-income
veterans, as authorized under section 1079 of Public Law 113-
291: Provided further, That funds provided under the previous
proviso shall be awarded within 180 days of enactment of this
Act.
homeless assistance grants
For the Emergency Solutions Grants program as authorized
under subtitle B of title IV of the McKinney-Vento Homeless
Assistance Act, as amended; the Continuum of Care program as
authorized under subtitle C of title IV of such Act; and the
Rural Housing Stability Assistance program as authorized under
subtitle D of title IV of such Act $2,777,000,000, to remain
available until September 30, 2022: Provided further, That not
less than $290,000,000 of the funds appropriated under this
heading shall be available for such Emergency Solutions Grants
program: Provided further, That not less than $2,350,000,000
of the funds appropriated under this heading shall be available
for such Continuum of Care and Rural Housing Stability
Assistance programs: Provided further, That of the amounts
made available under this heading, up to $50,000,000 shall be
made available for grants for rapid re-housing projects and
supportive service projects providing coordinated entry, and
for eligible activities the Secretary determines to be critical
in order to assist survivors of domestic violence, dating
violence, sexual assault, or stalking: Provided further, That
such projects shall be eligible for renewal under the continuum
of care program subject to the same terms and conditions as
other renewal applicants: Provided further, That up to
$7,000,000 of the funds appropriated under this heading shall
be available for the national homeless data analysis project:
Provided further, That for all match requirements applicable to
funds made available under this heading for this fiscal year
and prior fiscal years, a grantee may use (or could have used)
as a source of match funds other funds administered by the
Secretary and other Federal agencies unless there is (or was) a
specific statutory prohibition on any such use of any such
funds: Provided further, That none of the funds provided under
this heading shall be available to provide funding for new
projects, except for projects created through reallocation,
unless the Secretary determines that the continuum of care has
demonstrated that projects are evaluated and ranked based on
the degree to which they improve the continuum of care's system
performance: Provided further, That the Secretary shall
prioritize funding under the Continuum of Care program to
continuums of care that have demonstrated a capacity to
reallocate funding from lower performing projects to higher
performing projects: Provided further, That the Secretary
shall provide incentives to create projects that coordinate
with housing providers and healthcare organizations to provide
permanent supportive housing and rapid rehousing services:
Provided further, That any unobligated amounts remaining from
funds appropriated under this heading in fiscal year 2012 and
prior years for project-based rental assistance for
rehabilitation projects with 10-year grant terms may be used
for purposes under this heading, notwithstanding the purposes
for which such funds were appropriated: Provided further, That
all balances for Shelter Plus Care renewals previously funded
from the Shelter Plus Care Renewal account and transferred to
this account shall be available, if recaptured, for Continuum
of Care renewals in fiscal year 2020: Provided further, That
the Department shall notify grantees of their formula
allocation from amounts allocated (which may represent initial
or final amounts allocated) for the Emergency Solutions Grant
program within 60 days of enactment of this Act: Provided
further, That up to $80,000,000 of the funds appropriated under
this heading shall be to implement projects to demonstrate how
a comprehensive approach to serving homeless youth, age 24 and
under, in up to 25 communities with a priority for communities
with substantial rural populations in up to eight locations,
can dramatically reduce youth homelessness: Provided further,
That of the amount made available under the previous proviso,
up to $10,000,000 shall be available to provide technical
assistance on improving system responses to youth homelessness,
and collection, analysis, use, and reporting of data and
performance measures under the comprehensive approaches to
serve homeless youth, in addition to and in coordination with
other technical assistance funds provided under this title:
Provided further, That the Secretary may use up to 10 percent
of the amount made available under the previous proviso to
build the capacity of current technical assistance providers or
to train new technical assistance providers with verifiable
prior experience with systems and programs for youth
experiencing homelessness: Provided further, That amounts made
available for the Continuum of Care program under this heading
in this and prior Acts may be used to competitively or non-
competitively renew or replace grants for youth homeless
demonstration projects under the Continuum of Care program,
notwithstanding any conflict with the requirements of the
Continuum of Care program: Provided further, That youth aged
24 and under seeking assistance under this heading shall not be
required to provide third party documentation to establish
their eligibility under 42 U.S.C. 11302(a) or (b) to receive
services: Provided further, That unaccompanied youth aged 24
and under or families headed by youth aged 24 and under who are
living in unsafe situations may be served by youth-serving
providers funded under this heading: Provided further, That
persons eligible under section 103(a)(5) of the McKinney-Vento
Homeless Assistance Act may be served by any project funded
under this heading to provide both transitional housing and
rapid re-housing: Provided further, That when awarding funds
under the Continuum of Care program, the Secretary shall not
deviate from the FY 2018 Notice of Funding Availability with
respect to the tier 2 funding process, the Continuum of Care
application scoring, and for new projects, the project quality
threshold requirements, except as otherwise provided under this
Act or as necessary to award all available funds or consider
the most recent data from each Continuum of Care.
Housing Programs
project-based rental assistance
For activities and assistance for the provision of project-
based subsidy contracts under the United States Housing Act of
1937 (42 U.S.C. 1437 et seq.) (``the Act''), not otherwise
provided for, $12,170,000,000, to remain available until
expended, shall be available on October 1, 2019 (in addition to
the $400,000,000 previously appropriated under this heading
that became available October 1, 2019), and $400,000,000, to
remain available until expended, shall be available on October
1, 2020: Provided, That the amounts made available under this
heading shall be available for expiring or terminating section
8 project-based subsidy contracts (including section 8 moderate
rehabilitation contracts), for amendments to section 8 project-
based subsidy contracts (including section 8 moderate
rehabilitation contracts), for contracts entered into pursuant
to section 441 of the McKinney-Vento Homeless Assistance Act
(42 U.S.C. 11401), for renewal of section 8 contracts for units
in projects that are subject to approved plans of action under
the Emergency Low Income Housing Preservation Act of 1987 or
the Low-Income Housing Preservation and Resident Homeownership
Act of 1990, and for administrative and other expenses
associated with project-based activities and assistance funded
under this paragraph: Provided further, That of the total
amounts provided under this heading, not to exceed $345,000,000
shall be available for performance-based contract
administrators for section 8 project-based assistance, for
carrying out 42 U.S.C. 1437(f): Provided further, That the
Secretary may also use such amounts in the previous proviso for
performance-based contract administrators for the
administration of: interest reduction payments pursuant to
section 236(a) of the National Housing Act (12 U.S.C. 1715z-
1(a)); rent supplement payments pursuant to section 101 of the
Housing and Urban Development Act of 1965 (12 U.S.C. 1701s);
section 236(f)(2) rental assistance payments (12 U.S.C. 1715z-
1(f)(2)); project rental assistance contracts for the elderly
under section 202(c)(2) of the Housing Act of 1959 (12 U.S.C.
1701q); project rental assistance contracts for supportive
housing for persons with disabilities under section 811(d)(2)
of the Cranston-Gonzalez National Affordable Housing Act (42
U.S.C. 8013(d)(2)); project assistance contracts pursuant to
section 202(h) of the Housing Act of 1959 (Public Law 86-372;
73 Stat. 667); and loans under section 202 of the Housing Act
of 1959 (Public Law 86-372; 73 Stat. 667): Provided further,
That amounts recaptured under this heading, the heading
``Annual Contributions for Assisted Housing'', or the heading
``Housing Certificate Fund'', may be used for renewals of or
amendments to section 8 project-based contracts or for
performance-based contract administrators, notwithstanding the
purposes for which such amounts were appropriated: Provided
further, That, notwithstanding any other provision of law, upon
the request of the Secretary, project funds that are held in
residual receipts accounts for any project subject to a section
8 project-based Housing Assistance Payments contract that
authorizes HUD or a Housing Finance Agency to require that
surplus project funds be deposited in an interest-bearing
residual receipts account and that are in excess of an amount
to be determined by the Secretary, shall be remitted to the
Department and deposited in this account, to be available until
expended: Provided further, That amounts deposited pursuant to
the previous proviso shall be available in addition to the
amount otherwise provided by this heading for uses authorized
under this heading.
housing for the elderly
For capital advances, including amendments to capital advance
contracts, for housing for the elderly, as authorized by
section 202 of the Housing Act of 1959, as amended, for project
rental assistance for the elderly under section 202(c)(2) of
such Act, including amendments to contracts for such assistance
and renewal of expiring contracts for such assistance for up to
a 1-year term, for senior preservation rental assistance
contracts, including renewals, as authorized by section 811(e)
of the American Housing and Economic Opportunity Act of 2000,
as amended, and for supportive services associated with the
housing, $793,000,000, to remain available until September 30,
2023: Provided, That of the amount provided under this
heading, up to $100,000,000 shall be for service coordinators
and the continuation of existing congregate service grants for
residents of assisted housing projects: Provided further, That
amounts under this heading shall be available for Real Estate
Assessment Center inspections and inspection-related activities
associated with section 202 projects: Provided further, That
the Secretary may waive the provisions of section 202 governing
the terms and conditions of project rental assistance, except
that the initial contract term for such assistance shall not
exceed 5 years in duration: Provided further, That upon
request of the Secretary, project funds that are held in
residual receipts accounts for any project subject to a section
202 project rental assistance contract, and that upon
termination of such contract are in excess of an amount to be
determined by the Secretary, shall be remitted to the
Department and deposited in this account, to remain available
until September 30, 2023: Provided further, That amounts
deposited in this account pursuant to the previous proviso
shall be available, in addition to the amounts otherwise
provided by this heading, for the purposes authorized under
this heading: Provided further, That unobligated balances,
including recaptures and carryover, remaining from funds
transferred to or appropriated under this heading shall be
available for the current purposes authorized under this
heading in addition to the purposes for which such funds
originally were appropriated: Provided further, That of the
total amount provided under this heading, $10,000,000 shall be
for a program to be established by the Secretary to make grants
to experienced non-profit organizations, States, local
governments, or public housing agencies for safety and
functional home modification repairs to meet the needs of low-
income elderly homeowners to enable them to remain in their
primary residence: Provided further, That of the total amount
made available under the previous proviso, no less than
$5,000,000 shall be available to meet such needs in communities
with substantial rural populations: Provided further, That
beneficiaries of the grant assistance provided in the previous
two provisos under this heading in the Department of Housing
and Urban Development Appropriations Act, 2019 (Public Law 116-
6) shall be homeowners.
housing for persons with disabilities
For capital advances, including amendments to capital advance
contracts, for supportive housing for persons with
disabilities, as authorized by section 811 of the Cranston-
Gonzalez National Affordable Housing Act (42 U.S.C. 8013), as
amended, for project rental assistance for supportive housing
for persons with disabilities under section 811(d)(2) of such
Act, for project assistance contracts pursuant to section
202(h) of the Housing Act of 1959 (Public Law 86-372; 73 Stat.
667), including amendments to contracts for such assistance and
renewal of expiring contracts for such assistance for up to a
1-year term, for project rental assistance to State housing
finance agencies and other appropriate entities as authorized
under section 811(b)(3) of the Cranston-Gonzalez National
Housing Act, and for supportive services associated with the
housing for persons with disabilities as authorized by section
811(b)(1) of such Act, $202,000,000, to remain available until
September 30, 2023: Provided, That amounts made available
under this heading shall be available for Real Estate
Assessment Center inspections and inspection-related activities
associated with section 811 projects: Provided further, That,
upon the request of the Secretary, project funds that are held
in residual receipts accounts for any project subject to a
section 811 project rental assistance contract, and that upon
termination of such contract are in excess of an amount to be
determined by the Secretary, shall be remitted to the
Department and deposited in this account, to remain available
until September 30, 2023: Provided further, That amounts
deposited in this account pursuant to the previous proviso
shall be available in addition to the amounts otherwise
provided by this heading for the purposes authorized under this
heading: Provided further, That unobligated balances,
including recaptures and carryover, remaining from funds
transferred to or appropriated under this heading shall be used
for the current purposes authorized under this heading in
addition to the purposes for which such funds originally were
appropriated.
housing counseling assistance
For contracts, grants, and other assistance excluding loans,
as authorized under section 106 of the Housing and Urban
Development Act of 1968, as amended, $53,000,000, to remain
available until September 30, 2021, including up to $4,500,000
for administrative contract services and up to $3,000,000 for
the certification of housing counselors as required under 12
U.S.C. 1701x: Provided, That grants made available from
amounts provided under this heading shall be awarded within 180
days of enactment of this Act: Provided further, That funds
shall be used for providing counseling and advice to tenants
and homeowners, both current and prospective, with respect to
property maintenance, financial management or literacy, and
such other matters as may be appropriate to assist them in
improving their housing conditions, meeting their financial
needs, and fulfilling the responsibilities of tenancy or
homeownership; for program administration; and for housing
counselor training: Provided further, That for purposes of
providing such grants from amounts provided under this heading,
the Secretary may enter into multiyear agreements, as
appropriate, subject to the availability of annual
appropriations.
rental housing assistance
For amendments to contracts under section 236(f)(2) of the
National Housing Act (12 U.S.C. 1715z-1) in State-aided,
noninsured rental housing projects, $3,000,000, to remain
available until expended: Provided, That such amount, together
with unobligated balances from recaptured amounts appropriated
prior to fiscal year 2006 from terminated contracts under such
section of law, and any unobligated balances, including
recaptures and carryover, remaining from funds appropriated
under this heading after fiscal year 2005, shall also be
available for extensions of up to one year for expiring
contracts under such section of law.
payment to manufactured housing fees trust fund
For necessary expenses as authorized by the National
Manufactured Housing Construction and Safety Standards Act of
1974 (42 U.S.C. 5401 et seq.), up to $13,000,000, to remain
available until expended, of which $13,000,000 is to be derived
from the Manufactured Housing Fees Trust Fund: Provided, That
not to exceed the total amount appropriated under this heading
shall be available from the general fund of the Treasury to the
extent necessary to incur obligations and make expenditures
pending the receipt of collections to the Fund pursuant to
section 620 of such Act: Provided further, That the amount
made available under this heading from the general fund shall
be reduced as such collections are received during fiscal year
2020 so as to result in a final fiscal year 2020 appropriation
from the general fund estimated at zero, and fees pursuant to
such section 620 shall be modified as necessary to ensure such
a final fiscal year 2020 appropriation: Provided further, That
the Secretary of Housing and Urban Development shall issue a
final rule to complete rulemaking initiated by the proposed
rule entitled ``Manufactured Housing Program: Minimum Payments
to the States'' published in the Federal Register on December
16, 2016 (81 Fed. Reg. 91083): Provided further, That for the
dispute resolution and installation programs, the Secretary may
assess and collect fees from any program participant: Provided
further, That such collections shall be deposited into the
Fund, and the Secretary, as provided herein, may use such
collections, as well as fees collected under section 620, for
necessary expenses of such Act: Provided further, That,
notwithstanding the requirements of section 620 of such Act,
the Secretary may carry out responsibilities of the Secretary
under such Act through the use of approved service providers
that are paid directly by the recipients of their services.
Federal Housing Administration
mutual mortgage insurance program account
New commitments to guarantee single family loans insured
under the Mutual Mortgage Insurance Fund shall not exceed
$400,000,000,000, to remain available until September 30, 2021:
Provided, That during fiscal year 2020, obligations to make
direct loans to carry out the purposes of section 204(g) of the
National Housing Act, as amended, shall not exceed $1,000,000:
Provided further, That the foregoing amount in the previous
proviso shall be for loans to nonprofit and governmental
entities in connection with sales of single family real
properties owned by the Secretary and formerly insured under
the Mutual Mortgage Insurance Fund: Provided further, That for
administrative contract expenses of the Federal Housing
Administration, $130,000,000, to remain available until
September 30, 2021: Provided further, That to the extent
guaranteed loan commitments exceed $200,000,000,000 on or
before April 1, 2020, an additional $1,400 for administrative
contract expenses shall be available for each $1,000,000 in
additional guaranteed loan commitments (including a pro rata
amount for any amount below $1,000,000), but in no case shall
funds made available by this proviso exceed $30,000,000:
Provided further, That notwithstanding the limitation in the
first sentence of section 255(g) of the National Housing Act
(12 U.S.C. 1715z-20(g)), during fiscal year 2020 the Secretary
may insure and enter into new commitments to insure mortgages
under section 255 of the National Housing Act only to the
extent that the net credit subsidy cost for such insurance does
not exceed zero: Provided further, That for fiscal year 2020,
the Secretary shall not take any action against a lender solely
on the basis of compare ratios that have been adversely
affected by defaults on mortgages secured by properties in
areas where a major disaster was declared in 2017 or 2018
pursuant to the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et seq.).
general and special risk program account
New commitments to guarantee loans insured under the General
and Special Risk Insurance Funds, as authorized by sections 238
and 519 of the National Housing Act (12 U.S.C. 1715z-3 and
1735c), shall not exceed $30,000,000,000 in total loan
principal, any part of which is to be guaranteed, to remain
available until September 30, 2021: Provided, That during
fiscal year 2020, gross obligations for the principal amount of
direct loans, as authorized by sections 204(g), 207(l), 238,
and 519(a) of the National Housing Act, shall not exceed
$1,000,000, which shall be for loans to nonprofit and
governmental entities in connection with the sale of single
family real properties owned by the Secretary and formerly
insured under such Act.
Government National Mortgage Association
guarantees of mortgage-backed securities loan guarantee program account
New commitments to issue guarantees to carry out the purposes
of section 306 of the National Housing Act, as amended (12
U.S.C. 1721(g)), shall not exceed $550,000,000,000, to remain
available until September 30, 2021: Provided, That
$30,500,000, to remain available until September 30, 2021,
shall be for necessary salaries and expenses of the Office of
Government National Mortgage Association: Provided further,
That to the extent that guaranteed loan commitments exceed
$155,000,000,000 on or before April 1, 2020, an additional $100
for necessary salaries and expenses shall be available until
expended for each $1,000,000 in additional guaranteed loan
commitments (including a pro rata amount for any amount below
$1,000,000), but in no case shall funds made available by this
proviso exceed $3,000,000: Provided further, That receipts
from Commitment and Multiclass fees collected pursuant to title
III of the National Housing Act, as amended, shall be credited
as offsetting collections to this account.
Policy Development and Research
research and technology
For contracts, grants, and necessary expenses of programs of
research and studies relating to housing and urban problems,
not otherwise provided for, as authorized by title V of the
Housing and Urban Development Act of 1970 (12 U.S.C. 1701z-1 et
seq.), including carrying out the functions of the Secretary of
Housing and Urban Development under section 1(a)(1)(i) of
Reorganization Plan No. 2 of 1968, and for technical
assistance, $98,000,000, to remain available until September
30, 2021: Provided, That with respect to amounts made
available under this heading, notwithstanding section 203 of
this title, the Secretary may enter into cooperative agreements
with philanthropic entities, other Federal agencies, State or
local governments and their agencies, Indian tribes, tribally
designated housing entities, or colleges or universities for
research projects: Provided further, That with respect to the
previous proviso, such partners to the cooperative agreements
must contribute at least a 50 percent match toward the cost of
the project: Provided further, That for non-competitive
agreements entered into in accordance with the previous two
provisos, the Secretary of Housing and Urban Development shall
comply with section 2(b) of the Federal Funding Accountability
and Transparency Act of 2006 (Public Law 109-282, 31 U.S.C.
note) in lieu of compliance with section 102(a)(4)(C) with
respect to documentation of award decisions: Provided further,
That prior to obligation of technical assistance funding, the
Secretary shall submit a plan to the House and Senate
Committees on Appropriations on how it will allocate funding
for this activity at least 30 days prior to obligation:
Provided further, That none of the funds provided under this
heading may be available for the doctoral dissertation research
grant program.
Fair Housing and Equal Opportunity
fair housing activities
For contracts, grants, and other assistance, not otherwise
provided for, as authorized by title VIII of the Civil Rights
Act of 1968, as amended by the Fair Housing Amendments Act of
1988, and section 561 of the Housing and Community Development
Act of 1987, as amended, $70,300,000, to remain available until
September 30, 2021: Provided, That grants made available from
amounts provided under this heading shall be awarded within 180
days of enactment of this Act: Provided further, That
notwithstanding 31 U.S.C. 3302, the Secretary may assess and
collect fees to cover the costs of the Fair Housing Training
Academy, and may use such funds to develop on-line courses and
provide such training: Provided further, That no funds made
available under this heading shall be used to lobby the
executive or legislative branches of the Federal Government in
connection with a specific contract, grant, or loan: Provided
further, That of the funds made available under this heading,
$350,000 shall be available to the Secretary of Housing and
Urban Development for the creation and promotion of translated
materials and other programs that support the assistance of
persons with limited English proficiency in utilizing the
services provided by the Department of Housing and Urban
Development.
Office of Lead Hazard Control and Healthy Homes
lead hazard reduction
For the Lead Hazard Reduction Program, as authorized by
section 1011 of the Residential Lead-Based Paint Hazard
Reduction Act of 1992, $290,000,000, to remain available until
September 30, 2022, of which $50,000,000 shall be for the
Healthy Homes Initiative, pursuant to sections 501 and 502 of
the Housing and Urban Development Act of 1970, which shall
include research, studies, testing, and demonstration efforts,
including education and outreach concerning lead-based paint
poisoning and other housing-related diseases and hazards:
Provided, That for purposes of environmental review, pursuant
to the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) and other provisions of law that further the
purposes of such Act, a grant under the Healthy Homes
Initiative, or the Lead Technical Studies program under this
heading or under prior appropriations Acts for such purposes
under this heading, shall be considered to be funds for a
special project for purposes of section 305(c) of the
Multifamily Housing Property Disposition Reform Act of 1994:
Provided further, That not less than $95,000,000 of the amounts
made available under this heading for the award of grants
pursuant to section 1011 of the Residential Lead-Based Paint
Hazard Reduction Act of 1992 shall be provided to areas with
the highest lead-based paint abatement needs: Provided
further, That $64,000,000 of the funds appropriated under this
heading shall be for the implementation of projects in not more
than ten communities to demonstrate how intensive, extended,
multi-year interventions can dramatically reduce the presence
of lead-based paint hazards in those communities: Provided
further, That each project shall serve no more than four
contiguous census tracts in which there are high concentrations
of housing stock built before 1940, in which low-income
families with children make up a significantly higher
proportion of the population as compared to the State average,
and that are located in jurisdictions in which instances of
elevated blood lead levels reported to the State are
significantly higher than the State average: Provided further,
That such projects shall be awarded not less than $6,000,000
and not more than $9,000,000: Provided further, That funding
awarded for such projects shall be made available for draw down
contingent upon the grantee meeting cost-savings, productivity,
and grant compliance benchmarks established by the Secretary:
Provided further, That each recipient of funds for such
projects shall contribute an amount not less than 10 percent of
the total award, and that the Secretary shall give priority to
applicants that secure commitments for additional contributions
from public and private sources: Provided further, That
grantees currently receiving grants made under this heading
shall be eligible to apply for such projects, provided that
they are deemed to be in compliance with program requirements
established by the Secretary: Provided further, That of the
amount made available for the Healthy Homes Initiative,
$5,000,000 shall be for the implementation of projects in up to
5 communities that are served by both the Healthy Homes
Initiative and the Department of Energy weatherization programs
to demonstrate whether the coordination of Healthy Homes
remediation activities with weatherization activities achieves
cost savings and better outcomes in improving the safety and
quality of homes: Provided further, That each applicant shall
certify adequate capacity that is acceptable to the Secretary
to carry out the proposed use of funds pursuant to a notice of
funding availability: Provided further, That amounts made
available under this heading in this or prior appropriations
Acts, still remaining available, may be used for any purpose
under this heading notwithstanding the purpose for which such
amounts were appropriated if a program competition is
undersubscribed and there are other program competitions under
this heading that are oversubscribed.
Information Technology Fund
For the development, modernization, and enhancement of,
modifications to, and infrastructure for Department-wide and
program-specific information technology systems, for the
continuing operation and maintenance of both Department-wide
and program-specific information systems, and for program-
related maintenance activities, $280,000,000, of which
$260,000,000 shall remain available until September 30, 2021,
and of which $20,000,000 shall remain available until September
30, 2022: Provided, That any amounts transferred to this Fund
under this Act shall remain available until expended: Provided
further, That any amounts transferred to this Fund from amounts
appropriated by previously enacted appropriations Acts may be
used for the purposes specified under this Fund, in addition to
any other information technology purposes for which such
amounts were appropriated: Provided further, That not more
than 10 percent of the funds made available under this heading
for development, modernization and enhancement may be obligated
until the Secretary submits to the House and Senate Committees
on Appropriations, for approval, a plan for expenditure that--
(A) identifies for each modernization project: (i) the
functional and performance capabilities to be delivered and the
mission benefits to be realized, (ii) the estimated life-cycle
cost, and (iii) key milestones to be met; and (B) demonstrates
that each modernization project is: (i) compliant with the
Department's enterprise architecture, (ii) being managed in
accordance with applicable life-cycle management policies and
guidance, (iii) subject to the Department's capital planning
and investment control requirements, and (iv) supported by an
adequately staffed project office.
Office of Inspector General
For necessary salaries and expenses of the Office of
Inspector General in carrying out the Inspector General Act of
1978, as amended, $128,200,000: Provided, That the Inspector
General shall have independent authority over all personnel
issues within this office: Provided further, That the Office
of Inspector General shall procure and rely upon the services
of an independent external auditor(s) to audit the fiscal year
2020 and subsequent financial statements of the Department of
Housing and Urban Development including the financial
statements of the Federal Housing Administration and the
Government National Mortgage Association: Provided further,
That in addition to amounts under this heading otherwise
available for the purposes specified in the previous proviso,
$10,000,000 to remain available until September 30, 2021, shall
be available only for such specified purposes.
General Provisions--Department of Housing and Urban Development
(including transfer of funds)
(including rescissions)
Sec. 201. Fifty percent of the amounts of budget authority,
or in lieu thereof 50 percent of the cash amounts associated
with such budget authority, that are recaptured from projects
described in section 1012(a) of the Stewart B. McKinney
Homeless Assistance Amendments Act of 1988 (42 U.S.C. 1437f
note) shall be rescinded or in the case of cash, shall be
remitted to the Treasury, and such amounts of budget authority
or cash recaptured and not rescinded or remitted to the
Treasury shall be used by State housing finance agencies or
local governments or local housing agencies with projects
approved by the Secretary of Housing and Urban Development for
which settlement occurred after January 1, 1992, in accordance
with such section. Notwithstanding the previous sentence, the
Secretary may award up to 15 percent of the budget authority or
cash recaptured and not rescinded or remitted to the Treasury
to provide project owners with incentives to refinance their
project at a lower interest rate.
Sec. 202. None of the amounts made available under this Act
may be used during fiscal year 2020 to investigate or prosecute
under the Fair Housing Act any otherwise lawful activity
engaged in by one or more persons, including the filing or
maintaining of a nonfrivolous legal action, that is engaged in
solely for the purpose of achieving or preventing action by a
Government official or entity, or a court of competent
jurisdiction.
Sec. 203. Except as explicitly provided in law, any grant,
cooperative agreement or other assistance made pursuant to
title II of this Act shall be made on a competitive basis and
in accordance with section 102 of the Department of Housing and
Urban Development Reform Act of 1989 (42 U.S.C. 3545).
Sec. 204. Funds of the Department of Housing and Urban
Development subject to the Government Corporation Control Act
or section 402 of the Housing Act of 1950 shall be available,
without regard to the limitations on administrative expenses,
for legal services on a contract or fee basis, and for
utilizing and making payment for services and facilities of the
Federal National Mortgage Association, Government National
Mortgage Association, Federal Home Loan Mortgage Corporation,
Federal Financing Bank, Federal Reserve banks or any member
thereof, Federal Home Loan banks, and any insured bank within
the meaning of the Federal Deposit Insurance Corporation Act,
as amended (12 U.S.C. 1811-1).
Sec. 205. Unless otherwise provided for in this Act or
through a reprogramming of funds, no part of any appropriation
for the Department of Housing and Urban Development shall be
available for any program, project or activity in excess of
amounts set forth in the budget estimates submitted to
Congress.
Sec. 206. Corporations and agencies of the Department of
Housing and Urban Development which are subject to the
Government Corporation Control Act are hereby authorized to
make such expenditures, within the limits of funds and
borrowing authority available to each such corporation or
agency and in accordance with law, and to make such contracts
and commitments without regard to fiscal year limitations as
provided by section 104 of such Act as may be necessary in
carrying out the programs set forth in the budget for 2020 for
such corporation or agency except as hereinafter provided:
Provided, That collections of these corporations and agencies
may be used for new loan or mortgage purchase commitments only
to the extent expressly provided for in this Act (unless such
loans are in support of other forms of assistance provided for
in this or prior appropriations Acts), except that this proviso
shall not apply to the mortgage insurance or guaranty
operations of these corporations, or where loans or mortgage
purchases are necessary to protect the financial interest of
the United States Government.
Sec. 207. The Secretary of Housing and Urban Development
shall provide quarterly reports to the House and Senate
Committees on Appropriations regarding all uncommitted,
unobligated, recaptured and excess funds in each program and
activity within the jurisdiction of the Department and shall
submit additional, updated budget information to these
Committees upon request.
Sec. 208. No funds provided under this title may be used for
an audit of the Government National Mortgage Association that
makes applicable requirements under the Federal Credit Reform
Act of 1990 (2 U.S.C. 661 et seq.).
Sec. 209. (a) Notwithstanding any other provision of law,
subject to the conditions listed under this section, for fiscal
years 2020 and 2021, the Secretary of Housing and Urban
Development may authorize the transfer of some or all project-
based assistance, debt held or insured by the Secretary and
statutorily required low-income and very low-income use
restrictions if any, associated with one or more multifamily
housing project or projects to another multifamily housing
project or projects.
(b) Phased Transfers.--Transfers of project-based assistance
under this section may be done in phases to accommodate the
financing and other requirements related to rehabilitating or
constructing the project or projects to which the assistance is
transferred, to ensure that such project or projects meet the
standards under subsection (c).
(c) The transfer authorized in subsection (a) is subject to
the following conditions:
(1) Number and bedroom size of units.--
(A) For occupied units in the transferring
project: The number of low-income and very low-
income units and the configuration (i.e.,
bedroom size) provided by the transferring
project shall be no less than when transferred
to the receiving project or projects and the
net dollar amount of Federal assistance
provided to the transferring project shall
remain the same in the receiving project or
projects.
(B) For unoccupied units in the transferring
project: The Secretary may authorize a
reduction in the number of dwelling units in
the receiving project or projects to allow for
a reconfiguration of bedroom sizes to meet
current market demands, as determined by the
Secretary and provided there is no increase in
the project-based assistance budget authority.
(2) The transferring project shall, as determined by
the Secretary, be either physically obsolete or
economically nonviable.
(3) The receiving project or projects shall meet or
exceed applicable physical standards established by the
Secretary.
(4) The owner or mortgagor of the transferring
project shall notify and consult with the tenants
residing in the transferring project and provide a
certification of approval by all appropriate local
governmental officials.
(5) The tenants of the transferring project who
remain eligible for assistance to be provided by the
receiving project or projects shall not be required to
vacate their units in the transferring project or
projects until new units in the receiving project are
available for occupancy.
(6) The Secretary determines that this transfer is in
the best interest of the tenants.
(7) If either the transferring project or the
receiving project or projects meets the condition
specified in subsection (d)(2)(A), any lien on the
receiving project resulting from additional financing
obtained by the owner shall be subordinate to any FHA-
insured mortgage lien transferred to, or placed on,
such project by the Secretary, except that the
Secretary may waive this requirement upon determination
that such a waiver is necessary to facilitate the
financing of acquisition, construction, and/or
rehabilitation of the receiving project or projects.
(8) If the transferring project meets the
requirements of subsection (d)(2), the owner or
mortgagor of the receiving project or projects shall
execute and record either a continuation of the
existing use agreement or a new use agreement for the
project where, in either case, any use restrictions in
such agreement are of no lesser duration than the
existing use restrictions.
(9) The transfer does not increase the cost (as
defined in section 502 of the Congressional Budget Act
of 1974(2 U.S.C. 661a)) of any FHA-insured mortgage,
except to the extent that appropriations are provided
in advance for the amount of any such increased cost.
(d) For purposes of this section--
(1) the terms ``low-income'' and ``very low-income''
shall have the meanings provided by the statute and/or
regulations governing the program under which the
project is insured or assisted;
(2) the term ``multifamily housing project'' means
housing that meets one of the following conditions--
(A) housing that is subject to a mortgage
insured under the National Housing Act;
(B) housing that has project-based assistance
attached to the structure including projects
undergoing mark to market debt restructuring
under the Multifamily Assisted Housing Reform
and Affordability Housing Act;
(C) housing that is assisted under section
202 of the Housing Act of 1959 (12 U.S.C.
1701q);
(D) housing that is assisted under section
202 of the Housing Act of 1959 (12 U.S.C.
1701q), as such section existed before the
enactment of the Cranston-Gonzales National
Affordable Housing Act;
(E) housing that is assisted under section
811 of the Cranston-Gonzales National
Affordable Housing Act (42 U.S.C. 8013); or
(F) housing or vacant land that is subject to
a use agreement;
(3) the term ``project-based assistance'' means--
(A) assistance provided under section 8(b) of
the United States Housing Act of 1937 (42
U.S.C. 1437f(b));
(B) assistance for housing constructed or
substantially rehabilitated pursuant to
assistance provided under section 8(b)(2) of
such Act (as such section existed immediately
before October 1, 1983);
(C) rent supplement payments under section
101 of the Housing and Urban Development Act of
1965 (12 U.S.C. 1701s);
(D) interest reduction payments under section
236 and/or additional assistance payments under
section 236(f)(2) of the National Housing Act
(12 U.S.C. 1715z-1);
(E) assistance payments made under section
202(c)(2) of the Housing Act of 1959 (12 U.S.C.
1701q(c)(2)); and
(F) assistance payments made under section
811(d)(2) of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 8013(d)(2));
(4) the term ``receiving project or projects'' means
the multifamily housing project or projects to which
some or all of the project-based assistance, debt, and
statutorily required low-income and very low-income use
restrictions are to be transferred;
(5) the term ``transferring project'' means the
multifamily housing project which is transferring some
or all of the project-based assistance, debt, and the
statutorily required low-income and very low-income use
restrictions to the receiving project or projects; and
(6) the term ``Secretary'' means the Secretary of
Housing and Urban Development.
(e) Research Report.--The Secretary shall conduct an
evaluation of the transfer authority under this section,
including the effect of such transfers on the operational
efficiency, contract rents, physical and financial conditions,
and long-term preservation of the affected properties.
Sec. 210. (a) No assistance shall be provided under section 8
of the United States Housing Act of 1937 (42 U.S.C. 1437f) to
any individual who--
(1) is enrolled as a student at an institution of
higher education (as defined under section 102 of the
Higher Education Act of 1965 (20 U.S.C. 1002));
(2) is under 24 years of age;
(3) is not a veteran;
(4) is unmarried;
(5) does not have a dependent child;
(6) is not a person with disabilities, as such term
is defined in section 3(b)(3)(E) of the United States
Housing Act of 1937 (42 U.S.C. 1437a(b)(3)(E)) and was
not receiving assistance under such section 8 as of
November 30, 2005;
(7) is not a youth who left foster care at age 14 or
older and is at risk of becoming homeless; and
(8) is not otherwise individually eligible, or has
parents who, individually or jointly, are not eligible,
to receive assistance under section 8 of the United
States Housing Act of 1937 (42 U.S.C. 1437f).
(b) For purposes of determining the eligibility of a person
to receive assistance under section 8 of the United States
Housing Act of 1937 (42 U.S.C. 1437f), any financial assistance
(in excess of amounts received for tuition and any other
required fees and charges) that an individual receives under
the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), from
private sources, or an institution of higher education (as
defined under section 102 of the Higher Education Act of 1965
(20 U.S.C. 1002)), shall be considered income to that
individual, except for a person over the age of 23 with
dependent children.
Sec. 211. The funds made available for Native Alaskans under
paragraph (1) under the heading ``Native American Programs'' in
title II of this Act shall be allocated to the same Native
Alaskan housing block grant recipients that received funds in
fiscal year 2005, and only such recipients shall be eligible to
apply for funds made available under paragraph (3) of such
heading.
Sec. 212. Notwithstanding any other provision of law, in
fiscal year 2020, in managing and disposing of any multifamily
property that is owned or has a mortgage held by the Secretary
of Housing and Urban Development, and during the process of
foreclosure on any property with a contract for rental
assistance payments under section 8 of the United States
Housing Act of 1937 (42 U.S.C. 1437f) or other Federal
programs, the Secretary shall maintain any rental assistance
payments under section 8 of the United States Housing Act of
1937 and other programs that are attached to any dwelling units
in the property. To the extent the Secretary determines, in
consultation with the tenants and the local government, that
such a multifamily property owned or held by the Secretary is
not feasible for continued rental assistance payments under
such section 8 or other programs, based on consideration of (1)
the costs of rehabilitating and operating the property and all
available Federal, State, and local resources, including rent
adjustments under section 524 of the Multifamily Assisted
Housing Reform and Affordability Act of 1997 (``MAHRAA'') (42
U.S.C. 1437f note) and (2) environmental conditions that cannot
be remedied in a cost-effective fashion, the Secretary may, in
consultation with the tenants of that property, contract for
project-based rental assistance payments with an owner or
owners of other existing housing properties, or provide other
rental assistance. The Secretary shall also take appropriate
steps to ensure that project-based contracts remain in effect
prior to foreclosure, subject to the exercise of contractual
abatement remedies to assist relocation of tenants for imminent
major threats to health and safety after written notice to and
informed consent of the affected tenants and use of other
available remedies, such as partial abatements or receivership.
After disposition of any multifamily property described under
this section, the contract and allowable rent levels on such
properties shall be subject to the requirements under section
524 of MAHRAA.
Sec. 213. Public housing agencies that own and operate 400
or fewer public housing units may elect to be exempt from any
asset management requirement imposed by the Secretary of
Housing and Urban Development in connection with the operating
fund rule: Provided, That an agency seeking a discontinuance
of a reduction of subsidy under the operating fund formula
shall not be exempt from asset management requirements.
Sec. 214. With respect to the use of amounts provided in
this Act and in future Acts for the operation, capital
improvement and management of public housing as authorized by
sections 9(d) and 9(e) of the United States Housing Act of 1937
(42 U.S.C. 1437g(d) and (e)), the Secretary shall not impose
any requirement or guideline relating to asset management that
restricts or limits in any way the use of capital funds for
central office costs pursuant to section 9(g)(1) or 9(g)(2) of
the United States Housing Act of 1937 (42 U.S.C. 1437g(g)(1),
(2)): Provided, That a public housing agency may not use
capital funds authorized under section 9(d) for activities that
are eligible under section 9(e) for assistance with amounts
from the operating fund in excess of the amounts permitted
under section 9(g)(1) or 9(g)(2).
Sec. 215. No official or employee of the Department of
Housing and Urban Development shall be designated as an
allotment holder unless the Office of the Chief Financial
Officer has determined that such allotment holder has
implemented an adequate system of funds control and has
received training in funds control procedures and directives.
The Chief Financial Officer shall ensure that there is a
trained allotment holder for each HUD appropriation under the
accounts ``Executive Offices'', ``Administrative Support
Offices'', ``Program Offices'', ``Government National Mortgage
Association--Guarantees of Mortgage-Backed Securities Loan
Guarantee Program Account'', and ``Office of Inspector
General'' within the Department of Housing and Urban
Development.
Sec. 216. The Secretary of the Department of Housing and
Urban Development shall, for fiscal year 2020, notify the
public through the Federal Register and other means, as
determined appropriate, of the issuance of a notice of the
availability of assistance or notice of funding availability
(NOFA) for any program or discretionary fund administered by
the Secretary that is to be competitively awarded.
Notwithstanding any other provision of law, for fiscal year
2020, the Secretary may make the NOFA available only on the
Internet at the appropriate Government web site or through
other electronic media, as determined by the Secretary.
Sec. 217. Payment of attorney fees in program-related
litigation shall be paid from the individual program office and
Office of General Counsel salaries and expenses appropriations.
The annual budget submission for the program offices and the
Office of General Counsel shall include any such projected
litigation costs for attorney fees as a separate line item
request. No funds provided in this title may be used to pay any
such litigation costs for attorney fees until the Department
submits for review a spending plan for such costs to the House
and Senate Committees on Appropriations.
Sec. 218. The Secretary is authorized to transfer up to 10
percent or $5,000,000, whichever is less, of funds appropriated
for any office under the headings ``Administrative Support
Offices'' or ``Program Offices'' to any other such office or
account: Provided, That no appropriation for any such office
or account shall be increased or decreased by more than 10
percent or $5,000,000, whichever is less, without prior written
approval of the House and Senate Committees on Appropriations:
Provided further, That the Secretary shall provide notification
to such Committees 3 business days in advance of any such
transfers under this section up to 10 percent or $5,000,000,
whichever is less.
Sec. 219. (a) Any entity receiving housing assistance
payments shall maintain decent, safe, and sanitary conditions,
as determined by the Secretary of Housing and Urban Development
(in this section referred to as the ``Secretary''), and comply
with any standards under applicable State or local laws, rules,
ordinances, or regulations relating to the physical condition
of any property covered under a housing assistance payment
contract.
(b) The Secretary shall take action under subsection (c) when
a multifamily housing project with a section 8 contract or
contract for similar project-based assistance--
(1) receives a Uniform Physical Condition Standards
(UPCS) score of 60 or less; or
(2) fails to certify in writing to the Secretary
within 3 days that all Exigent Health and Safety
deficiencies identified by the inspector at the project
have been corrected.
Such requirements shall apply to insured and noninsured
projects with assistance attached to the units under section 8
of the United States Housing Act of 1937 (42 U.S.C. 1437f), but
do not apply to such units assisted under section 8(o)(13) (42
U.S.C. 1437f(o)(13)) or to public housing units assisted with
capital or operating funds under section 9 of the United States
Housing Act of 1937 (42 U.S.C. 1437g).
(c)(1) Within 15 days of the issuance of the REAC inspection,
the Secretary must provide the owner with a Notice of Default
with a specified timetable, determined by the Secretary, for
correcting all deficiencies. The Secretary must also provide a
copy of the Notice of Default to the tenants, the local
government, any mortgagees, and any contract administrator. If
the owner's appeal results in a UPCS score of 60 or above, the
Secretary may withdraw the Notice of Default.
(2) At the end of the time period for correcting all
deficiencies specified in the Notice of Default, if the
owner fails to fully correct such deficiencies, the
Secretary may--
(A) require immediate replacement of project
management with a management agent approved by
the Secretary;
(B) impose civil money penalties, which shall
be used solely for the purpose of supporting
safe and sanitary conditions at applicable
properties, as designated by the Secretary,
with priority given to the tenants of the
property affected by the penalty;
(C) abate the section 8 contract, including
partial abatement, as determined by the
Secretary, until all deficiencies have been
corrected;
(D) pursue transfer of the project to an
owner, approved by the Secretary under
established procedures, which will be obligated
to promptly make all required repairs and to
accept renewal of the assistance contract as
long as such renewal is offered;
(E) transfer the existing section 8 contract
to another project or projects and owner or
owners;
(F) pursue exclusionary sanctions, including
suspensions or debarments from Federal
programs;
(G) seek judicial appointment of a receiver
to manage the property and cure all project
deficiencies or seek a judicial order of
specific performance requiring the owner to
cure all project deficiencies;
(H) work with the owner, lender, or other
related party to stabilize the property in an
attempt to preserve the property through
compliance, transfer of ownership, or an
infusion of capital provided by a third-party
that requires time to effectuate; or
(I) take any other regulatory or contractual
remedies available as deemed necessary and
appropriate by the Secretary.
(d) The Secretary shall also take appropriate steps to ensure
that project-based contracts remain in effect, subject to the
exercise of contractual abatement remedies to assist relocation
of tenants for major threats to health and safety after written
notice to the affected tenants. To the extent the Secretary
determines, in consultation with the tenants and the local
government, that the property is not feasible for continued
rental assistance payments under such section 8 or other
programs, based on consideration of--
(1) the costs of rehabilitating and operating the
property and all available Federal, State, and local
resources, including rent adjustments under section 524
of the Multifamily Assisted Housing Reform and
Affordability Act of 1997 (``MAHRAA''); and
(2) environmental conditions that cannot be remedied
in a cost-effective fashion, the Secretary may contract
for project-based rental assistance payments with an
owner or owners of other existing housing properties,
or provide other rental assistance.
(e) The Secretary shall report quarterly on all properties
covered by this section that are assessed through the Real
Estate Assessment Center and have UPCS physical inspection
scores of less than 60 or have received an unsatisfactory
management and occupancy review within the past 36 months. The
report shall include--
(1) the enforcement actions being taken to address
such conditions, including imposition of civil money
penalties and termination of subsidies, and identify
properties that have such conditions multiple times;
(2) actions that the Department of Housing and Urban
Development is taking to protect tenants of such
identified properties; and
(3) any administrative or legislative recommendations
to further improve the living conditions at properties
covered under a housing assistance payment contract.
This report shall be due to the Senate and House Committees on
Appropriations no later than 30 days after the enactment of
this Act, and on the first business day of each Federal fiscal
year quarter thereafter while this section remains in effect.
Sec. 220. None of the funds made available by this Act, or
any other Act, for purposes authorized under section 8 (only
with respect to the tenant-based rental assistance program) and
section 9 of the United States Housing Act of 1937 (42 U.S.C.
1437 et seq.), may be used by any public housing agency for any
amount of salary, including bonuses, for the chief executive
officer of which, or any other official or employee of which,
that exceeds the annual rate of basic pay payable for a
position at level IV of the Executive Schedule at any time
during any public housing agency fiscal year 2020.
Sec. 221. None of the funds in this Act provided to the
Department of Housing and Urban Development may be used to make
a grant award unless the Secretary notifies the House and
Senate Committees on Appropriations not less than 3 full
business days before any project, State, locality, housing
authority, tribe, nonprofit organization, or other entity
selected to receive a grant award is announced by the
Department or its offices.
Sec. 222. None of the funds made available by this Act may
be used to require or enforce the Physical Needs Assessment
(PNA).
Sec. 223. None of the funds made available in this Act shall
be used by the Federal Housing Administration, the Government
National Mortgage Administration, or the Department of Housing
and Urban Development to insure, securitize, or establish a
Federal guarantee of any mortgage or mortgage backed security
that refinances or otherwise replaces a mortgage that has been
subject to eminent domain condemnation or seizure, by a State,
municipality, or any other political subdivision of a State.
Sec. 224. None of the funds made available by this Act may
be used to terminate the status of a unit of general local
government as a metropolitan city (as defined in section 102 of
the Housing and Community Development Act of 1974 (42 U.S.C.
5302)) with respect to grants under section 106 of such Act (42
U.S.C. 5306).
Sec. 225. Amounts made available under this Act which are
either appropriated, allocated, advanced on a reimbursable
basis, or transferred to the Office of Policy Development and
Research in the Department of Housing and Urban Development and
functions thereof, for research, evaluation, or statistical
purposes, and which are unexpended at the time of completion of
a contract, grant, or cooperative agreement, may be deobligated
and shall immediately become available and may be reobligated
in that fiscal year or the subsequent fiscal year for the
research, evaluation, or statistical purposes for which the
amounts are made available to that Office subject to
reprogramming requirements in section 405 of this Act.
Sec. 226. None of the funds provided in this Act or any
other act may be used for awards, including performance,
special act, or spot, for any employee of the Department of
Housing and Urban Development subject to administrative
discipline (including suspension from work), in this fiscal
year, but this prohibition shall not be effective prior to the
effective date of any such administrative discipline or after
any final decision over-turning such discipline.
Sec. 227. Funds made available in this title under the
heading ``Homeless Assistance Grants'' may be used by the
Secretary to participate in Performance Partnership Pilots
authorized under section 526 of division H of Public Law 113-
76, section 524 of division G of Public Law 113-235, section
525 of division H of Public Law 114-113, section 525 of
division H of Public Law 115-31, section 525 of division H of
Public Law 115-141, section 524 of division B of Public Law
115-245 and such authorities as are enacted for Performance
Partnership Pilots in an appropriations Act for fiscal year
2020: Provided, That such participation shall be limited to no
more than 10 continuums of care and housing activities to
improve outcomes for disconnected youth.
Sec. 228. With respect to grant amounts awarded under the
heading ``Homeless Assistance Grants'' for fiscal years 2015
through 2020 for the continuum of care (CoC) program as
authorized under subtitle C of title IV of the McKinney-Vento
Homeless Assistance Act, costs paid by program income of grant
recipients may count toward meeting the recipient's matching
requirements, provided the costs are eligible CoC costs that
supplement the recipient's CoC program.
Sec. 229. (a) From amounts made available under this title
under the heading ``Homeless Assistance Grants'', the Secretary
may award 1-year transition grants to recipients of funds for
activities under subtitle C of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11381 et seq.) to transition from one
Continuum of Care program component to another.
(b) In order to be eligible to receive a transition grant,
the funding recipient must have the consent of the Continuum of
Care and meet standards determined by the Secretary.
Sec. 230. None of the funds made available by this Act may
be used by the Department of Housing and Urban Development to
direct a grantee to undertake specific changes to existing
zoning laws as part of carrying out the final rule entitled
``Affirmatively Furthering Fair Housing'' (80 Fed. Reg. 42272
(July 16, 2015)) or the notice entitled ``Affirmatively
Furthering Fair Housing Assessment Tool'' (79 Fed. Reg. 57949
(September 26, 2014)).
Sec. 231. (a) Amounts recaptured from funds appropriated for
this or any succeeding fiscal year under the heading
``Department of Housing and Urban Development--Community
Planning and Development--Homeless Assistance Grants'' shall
become available until expended not later than the end of the
fifth fiscal year after the last fiscal year for which such
funds are available and shall be available, in addition to
rental assistance amounts that were recaptured and made
available until expended under such heading by any prior Act,
and in addition to such other funds as may be available for
such purposes, for the following purposes:
(1) For grants under the Continuum of Care program
under subtitle C of title IV of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11381 et seq.);
(2) For grants under the Emergency Solutions Grant
program under subtitle B of title IV of such Act (42
U.S.C. 11371 et seq.);
(3) Not less than 10 percent of the amounts shall be
used only for grants in rural areas under the Continuum
of Care program, to include activities eligible under
the Rural Housing Stability Assistance program under
section 491 of such Act (42 U.S.C. 11408) that are not
otherwise eligible under the Continuum of Care program;
and
(4) Not less than 10 percent of the amounts shall be
for emergency solutions grants for disaster areas as
authorized by subsection (c).
(b) Prior to the use of any recaptured amounts referred to in
subsection (a), including competing, awarding, or obligating
such amounts, the Secretary shall submit a plan in accordance
with subsection (a) that specifies the planned use of any such
amounts to the Committees on Appropriations of the House of
Representatives and the Senate, and receive prior written
approval of such plan, except that use of amounts in the plan
for the purposes specified in subsection (a)(4) may begin once
such plan is submitted to such Committees.
(c)(1) The Secretary may make grants under the Emergency
Solutions Grants program under subtitle B of title IV of the
McKinney-Vento Homeless Assistance Act (42 U.S.C. 11371 et
seq.) to States or local governments to address the needs of
homeless individuals or families or individuals or families at
risk of homelessness in areas affected by a major disaster
declared pursuant to the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et seq.) on or after
the date of enactment of this Act, whose needs are not
otherwise served or fully met by existing Federal disaster
relief programs, including the Transitional Sheltering
Assistance program under such Act (42 U.S.C. 5170b).
(2) For purposes of grants under paragraph (1), the Secretary
may suspend all consultation, citizen participation, and
matching requirements.
Sec. 232. The Promise Zone designations and Promise Zone
Designation Agreements entered into pursuant to such
designations, made by the Secretary of Housing and Urban
Development in prior fiscal years, shall remain in effect in
accordance with the terms and conditions of such agreements.
Sec. 233. None of the funds made available by this Act may
be used to establish and apply review criteria, including
rating factors or preference points, for participation in or
coordination with EnVision Centers, in the evaluation,
selection, and award of any funds made available and requiring
competitive selection under this Act, except with respect to
any such funds otherwise authorized for EnVision Center
purposes under this Act.
Sec. 234. (a) The Secretary of Housing and Urban Development
shall make available to grantees under programs included under
the Department's Consolidated Planning Process, not later than
the expiration of the 90-day period beginning on the date of
the enactment of this Act, the prepopulated up-to-date housing
and economic data and data for both broadband and resilience
assessment requirements, as referred to in the HUD Response to
the third comment under section III.A. of the Supplementary
Information included with the final rule entitled ``Modernizing
HUD's Consolidated Planning Process To Narrow the Digital
Divide and Increase Resilience to Natural Hazards'', published
by the Department of Housing and Urban Development in the
Federal Register on Friday, December 16, 2016 (81 Fed. Reg.
91000).
(b) The Secretary of Housing and Urban Development shall
require such grantees to incorporate the broadband and
resilience components into the Consolidated Plan process not
later than the expiration of the 270-day period beginning on
the date of the enactment of this Act.
Sec. 235. None of the funds made available by this or any
prior Act may be used to require or enforce any changes to the
terms and conditions of the public housing annual contributions
contract between the Secretary and any public housing agency,
as such contract was in effect as of December 31, 2017, unless
such changes are mutually agreed upon by the Secretary and such
agency: Provided, That such agreement by an agency may be
indicated only by a written amendment to the terms and
conditions containing the duly authorized signature of its
chief executive: Provided further, That the Secretary may not
withhold funds to compel such agreement by an agency which
certifies to its compliance with its contract.
Sec. 236. None of the amounts made available in this Act or
in the Department of Housing and Urban Development
Appropriations Act, 2019 (Public Law 116-6) may be used to
consider Family Self-Sufficiency performance measures or
performance scores in determining funding awards for programs
receiving Family Self-Sufficiency program coordinator funding
provided in this Act or in the Department of Housing and Urban
Development Appropriations Act, 2019 (Public Law 116-6).
Sec. 237. (a) All unobligated balances from funds
appropriated under the heading ``Department of Housing and
Urban Development Public and Indian Housing--Tenant Based
Rental Assistance'' in chapter 10 of title I of division B of
the Consolidated Security, Disaster Assistance, and Continuing
Appropriations Act, 2009 (Public Law 110-329) are hereby
rescinded.
(b) All unobligated balances from funds appropriated under
the heading ``Department of Housing and Urban Development
Public and Indian Housing--Project-Based Rental Assistance'' in
chapter 10 of title I of division B of the Consolidated
Security, Disaster Assistance, and Continuing Appropriations
Act, 2009 (Public Law 110-329; 122 Stat. 324) (as amended by
section 1203 of Public Law 111-32; 123 Stat. 1859) are hereby
rescinded.
Sec. 238. Any public housing agency designated as a Moving
to Work agency pursuant to section 239 of (Public Law 114-113)
may, upon such designation, use funds (except for special
purpose funding, including special purpose vouchers) previously
allocated to any such public housing agency under section 8 or
9 of the United States Housing Act of 1937, including any
reserve funds held by the public housing agency or funds held
by the Department of Housing and Urban Development, pursuant to
the authority for use of section 8 or 9 funding provided under
such section and section 204 of title II of the Departments of
Veterans Affairs and Housing and Urban Development and
Independent Agencies Appropriations Act, 1996 (Public Law 104-
134), notwithstanding the purposes for which such funds were
appropriated.
Sec. 239. None of the amounts made available by this Act or
by Public Law 116-6 may be used to prohibit any public housing
agency under receivership or the direction of a Federal monitor
from applying for, receiving, or using funds made available
under the heading ``Public Housing Capital Fund'' for
competitive grants to evaluate and reduce lead-based paint
hazards in this Act or that remain available and not awarded
from prior Acts, or be used to prohibit a public housing agency
from using such funds to carry out any required work pursuant
to a settlement agreement, consent decree, voluntary agreement,
or similar document for a violation of the Lead Safe Housing or
Lead Disclosure Rules.
This title may be cited as the ``Department of Housing and
Urban Development Appropriations Act, 2020''.
TITLE III
RELATED AGENCIES
Access Board
salaries and expenses
For expenses necessary for the Access Board, as authorized by
section 502 of the Rehabilitation Act of 1973, as amended,
$9,200,000: Provided, That, notwithstanding any other
provision of law, there may be credited to this appropriation
funds received for publications and training expenses:
Provided further, That of this amount, $800,000 shall be for
activities authorized under section 432 of Public Law 115-254.
Federal Maritime Commission
salaries and expenses
For necessary expenses of the Federal Maritime Commission as
authorized by section 201(d) of the Merchant Marine Act, 1936,
as amended (46 U.S.C. 307), including services as authorized by
5 U.S.C. 3109; hire of passenger motor vehicles as authorized
by 31 U.S.C. 1343(b); and uniforms or allowances therefore, as
authorized by 5 U.S.C. 5901-5902, $28,000,000: Provided, That
not to exceed $2,000 shall be available for official reception
and representation expenses.
National Railroad Passenger Corporation
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General for
the National Railroad Passenger Corporation to carry out the
provisions of the Inspector General Act of 1978, as amended,
$24,274,000: Provided, That the Inspector General shall have
all necessary authority, in carrying out the duties specified
in the Inspector General Act, as amended (5 U.S.C. App. 3), to
investigate allegations of fraud, including false statements to
the government (18 U.S.C. 1001), by any person or entity that
is subject to regulation by the National Railroad Passenger
Corporation: Provided further, That the Inspector General may
enter into contracts and other arrangements for audits,
studies, analyses, and other services with public agencies and
with private persons, subject to the applicable laws and
regulations that govern the obtaining of such services within
the National Railroad Passenger Corporation: Provided further,
That the Inspector General may select, appoint, and employ such
officers and employees as may be necessary for carrying out the
functions, powers, and duties of the Office of Inspector
General, subject to the applicable laws and regulations that
govern such selections, appointments, and employment within the
Corporation: Provided further, That concurrent with the
President's budget request for fiscal year 2021, the Inspector
General shall submit to the House and Senate Committees on
Appropriations a budget request for fiscal year 2021 in similar
format and substance to those submitted by executive agencies
of the Federal Government.
National Transportation Safety Board
salaries and expenses
For necessary expenses of the National Transportation Safety
Board, including hire of passenger motor vehicles and aircraft;
services as authorized by 5 U.S.C. 3109, but at rates for
individuals not to exceed the per diem rate equivalent to the
rate for a GS-15; uniforms, or allowances therefor, as
authorized by law (5 U.S.C. 5901-5902), $110,400,000, of which
not to exceed $2,000 may be used for official reception and
representation expenses. The amounts made available to the
National Transportation Safety Board in this Act include
amounts necessary to make lease payments on an obligation
incurred in fiscal year 2001 for a capital lease.
Neighborhood Reinvestment Corporation
payment to the neighborhood reinvestment corporation
For payment to the Neighborhood Reinvestment Corporation for
use in neighborhood reinvestment activities, as authorized by
the Neighborhood Reinvestment Corporation Act (42 U.S.C. 8101-
8107), $157,500,000, of which $5,000,000 shall be for a multi-
family rental housing program: Provided, That an additional
$1,000,000, to remain available until September 30, 2023, shall
be for the promotion and development of shared equity housing
models.
Surface Transportation Board
salaries and expenses
For necessary expenses of the Surface Transportation Board,
including services authorized by 5 U.S.C. 3109, $37,100,000:
Provided, That notwithstanding any other provision of law, not
to exceed $1,250,000 from fees established by the Chairman of
the Surface Transportation Board shall be credited to this
appropriation as offsetting collections and used for necessary
and authorized expenses under this heading: Provided further,
That the sum herein appropriated from the general fund shall be
reduced on a dollar-for-dollar basis as such offsetting
collections are received during fiscal year 2020, to result in
a final appropriation from the general fund estimated at no
more than $35,850,000.
United States Interagency Council on Homelessness
operating expenses
For necessary expenses (including payment of salaries,
authorized travel, hire of passenger motor vehicles, the rental
of conference rooms, and the employment of experts and
consultants under section 3109 of title 5, United States Code)
of the United States Interagency Council on Homelessness in
carrying out the functions pursuant to title II of the
McKinney-Vento Homeless Assistance Act, as amended, $3,800,000,
to remain available until September 30, 2021.
TITLE IV
GENERAL PROVISIONS--THIS ACT
Sec. 401. None of the funds in this Act shall be used for
the planning or execution of any program to pay the expenses
of, or otherwise compensate, non-Federal parties intervening in
regulatory or adjudicatory proceedings funded in this Act.
Sec. 402. None of the funds appropriated in this Act shall
remain available for obligation beyond the current fiscal year,
nor may any be transferred to other appropriations, unless
expressly so provided herein.
Sec. 403. The expenditure of any appropriation under this
Act for any consulting service through a procurement contract
pursuant to section 3109 of title 5, United States Code, shall
be limited to those contracts where such expenditures are a
matter of public record and available for public inspection,
except where otherwise provided under existing law, or under
existing Executive order issued pursuant to existing law.
Sec. 404. (a) None of the funds made available in this Act
may be obligated or expended for any employee training that--
(1) does not meet identified needs for knowledge,
skills, and abilities bearing directly upon the
performance of official duties;
(2) contains elements likely to induce high levels of
emotional response or psychological stress in some
participants;
(3) does not require prior employee notification of
the content and methods to be used in the training and
written end of course evaluation;
(4) contains any methods or content associated with
religious or quasi-religious belief systems or ``new
age'' belief systems as defined in Equal Employment
Opportunity Commission Notice N-915.022, dated
September 2, 1988; or
(5) is offensive to, or designed to change,
participants' personal values or lifestyle outside the
workplace.
(b) Nothing in this section shall prohibit, restrict, or
otherwise preclude an agency from conducting training bearing
directly upon the performance of official duties.
Sec. 405. Except as otherwise provided in this Act, none of
the funds provided in this Act, provided by previous
appropriations Acts to the agencies or entities funded in this
Act that remain available for obligation or expenditure in
fiscal year 2020, or provided from any accounts in the Treasury
derived by the collection of fees and available to the agencies
funded by this Act, shall be available for obligation or
expenditure through a reprogramming of funds that--
(1) creates a new program;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel for any program,
project, or activity for which funds have been denied
or restricted by the Congress;
(4) proposes to use funds directed for a specific
activity by either the House or Senate Committees on
Appropriations for a different purpose;
(5) augments existing programs, projects, or
activities in excess of $5,000,000 or 10 percent,
whichever is less;
(6) reduces existing programs, projects, or
activities by $5,000,000 or 10 percent, whichever is
less; or
(7) creates, reorganizes, or restructures a branch,
division, office, bureau, board, commission, agency,
administration, or department different from the budget
justifications submitted to the Committees on
Appropriations or the table accompanying the joint
explanatory statement accompanying this Act, whichever
is more detailed, unless prior approval is received
from the House and Senate Committees on Appropriations:
Provided, That not later than 60 days after the date
of enactment of this Act, each agency funded by this
Act shall submit a report to the Committees on
Appropriations of the Senate and of the House of
Representatives to establish the baseline for
application of reprogramming and transfer authorities
for the current fiscal year: Provided further, That
the report shall include--
(A) a table for each appropriation with a
separate column to display the prior year
enacted level, the President's budget request,
adjustments made by Congress, adjustments due
to enacted rescissions, if appropriate, and the
fiscal year enacted level;
(B) a delineation in the table for each
appropriation and its respective prior year
enacted level by object class and program,
project, and activity as detailed in this Act,
the table accompanying the explanatory
statement accompanying this Act, accompanying
reports of the House and Senate Committee on
Appropriations, or in the budget appendix for
the respective appropriations, whichever is
more detailed, and shall apply to all items for
which a dollar amount is specified and to all
programs for which new budget (obligational)
authority is provided, as well as to
discretionary grants and discretionary grant
allocations; and
(C) an identification of items of special
congressional interest.
Sec. 406. Except as otherwise specifically provided by law,
not to exceed 50 percent of unobligated balances remaining
available at the end of fiscal year 2020 from appropriations
made available for salaries and expenses for fiscal year 2020
in this Act, shall remain available through September 30, 2021,
for each such account for the purposes authorized: Provided,
That a request shall be submitted to the House and Senate
Committees on Appropriations for approval prior to the
expenditure of such funds: Provided further, That these
requests shall be made in compliance with reprogramming
guidelines under section 405 of this Act.
Sec. 407. No funds in this Act may be used to support any
Federal, State, or local projects that seek to use the power of
eminent domain, unless eminent domain is employed only for a
public use: Provided, That for purposes of this section,
public use shall not be construed to include economic
development that primarily benefits private entities: Provided
further, That any use of funds for mass transit, railroad,
airport, seaport or highway projects, as well as utility
projects which benefit or serve the general public (including
energy-related, communication-related, water-related and
wastewater-related infrastructure), other structures designated
for use by the general public or which have other common-
carrier or public-utility functions that serve the general
public and are subject to regulation and oversight by the
government, and projects for the removal of an immediate threat
to public health and safety or brownfields as defined in the
Small Business Liability Relief and Brownfields Revitalization
Act (Public Law 107-118) shall be considered a public use for
purposes of eminent domain.
Sec. 408. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality of
the United States Government, except pursuant to a transfer
made by, or transfer authority provided in, this Act or any
other appropriations Act.
Sec. 409. No part of any appropriation contained in this Act
shall be available to pay the salary for any person filling a
position, other than a temporary position, formerly held by an
employee who has left to enter the Armed Forces of the United
States and has satisfactorily completed his or her period of
active military or naval service, and has within 90 days after
his or her release from such service or from hospitalization
continuing after discharge for a period of not more than 1
year, made application for restoration to his or her former
position and has been certified by the Office of Personnel
Management as still qualified to perform the duties of his or
her former position and has not been restored thereto.
Sec. 410. No funds appropriated pursuant to this Act may be
expended by an entity unless the entity agrees that in
expending the assistance the entity will comply with sections 2
through 4 of the Act of March 3, 1933 (41 U.S.C. 8301-8305,
popularly known as the ``Buy American Act'').
Sec. 411. No funds appropriated or otherwise made available
under this Act shall be made available to any person or entity
that has been convicted of violating the Buy American Act (41
U.S.C. 8301-8305).
Sec. 412. None of the funds made available in this Act may
be used for first-class airline accommodations in contravention
of sections 301-10.122 and 301-10.123 of title 41, Code of
Federal Regulations.
Sec. 413. (a) None of the funds made available by this Act
may be used to approve a new foreign air carrier permit under
sections 41301 through 41305 of title 49, United States Code,
or exemption application under section 40109 of that title of
an air carrier already holding an air operators certificate
issued by a country that is party to the U.S.-E.U.-Iceland-
Norway Air Transport Agreement where such approval would
contravene United States law or Article 17 bis of the U.S.-
E.U.-Iceland-Norway Air Transport Agreement.
(b) Nothing in this section shall prohibit, restrict or
otherwise preclude the Secretary of Transportation from
granting a foreign air carrier permit or an exemption to such
an air carrier where such authorization is consistent with the
U.S.-E.U.-Iceland-Norway Air Transport Agreement and United
States law.
Sec. 414. None of the funds made available in this Act may
be used to send or otherwise pay for the attendance of more
than 50 employees of a single agency or department of the
United States Government, who are stationed in the United
States, at any single international conference unless the
relevant Secretary reports to the House and Senate Committees
on Appropriations at least 5 days in advance that such
attendance is important to the national interest: Provided,
That for purposes of this section the term ``international
conference'' shall mean a conference occurring outside of the
United States attended by representatives of the United States
Government and of foreign governments, international
organizations, or nongovernmental organizations.
Sec. 415. None of the funds appropriated or otherwise made
available under this Act may be used by the Surface
Transportation Board to charge or collect any filing fee for
rate or practice complaints filed with the Board in an amount
in excess of the amount authorized for district court civil
suit filing fees under section 1914 of title 28, United States
Code.
Sec. 416. None of the funds made available by this Act may
be used by the Department of Transportation, the Department of
Housing and Urban Development, or any other Federal agency to
lease or purchase new light duty vehicles for any executive
fleet, or for an agency's fleet inventory, except in accordance
with Presidential Memorandum--Federal Fleet Performance, dated
May 24, 2011.
Sec. 417. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network unless
such network blocks the viewing, downloading, and exchanging of
pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law
enforcement agency or any other entity carrying out criminal
investigations, prosecution, or adjudication activities.
Sec. 418. (a) None of the funds made available in this Act
may be used to deny an Inspector General funded under this Act
timely access to any records, documents, or other materials
available to the department or agency over which that Inspector
General has responsibilities under the Inspector General Act of
1978 (5 U.S.C. App.), or to prevent or impede that Inspector
General's access to such records, documents, or other
materials, under any provision of law, except a provision of
law that expressly refers to the Inspector General and
expressly limits the Inspector General's right of access.
(b) A department or agency covered by this section shall
provide its Inspector General with access to all such records,
documents, and other materials in a timely manner.
(c) Each Inspector General shall ensure compliance with
statutory limitations on disclosure relevant to the information
provided by the establishment over which that Inspector General
has responsibilities under the Inspector General Act of 1978 (5
U.S.C. App.).
(d) Each Inspector General covered by this section shall
report to the Committees on Appropriations of the House of
Representatives and the Senate within 5 calendar days any
failures to comply with this requirement.
Sec. 419. None of the funds appropriated or otherwise made
available by this Act may be used to pay award or incentive
fees for contractors whose performance has been judged to be
below satisfactory, behind schedule, over budget, or has failed
to meet the basic requirements of a contract, unless the Agency
determines that any such deviations are due to unforeseeable
events, government-driven scope changes, or are not significant
within the overall scope of the project and/or program unless
such awards or incentive fees are consistent with 16.401(e)(2)
of the Federal Acquisition Regulations.
Sec. 420. Except as expressly provided otherwise, any
reference to ``this Act'' contained in this division shall be
treated as referring only to the provisions of this division.
Sec. 421. None of the funds made available by this Act may
be used in contravention of section 5309(d)(2) of title 49,
United States Code.
Sec. 422. None of the funds made available by this division
may be used to issue rules or guidance in contravention of
section 1210 of Public Law 115-254 (132 Stat. 3442) or section
312 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5155).
Sec. 423. None of the funds made available by this division
may be used in contravention of section 2635.702 of title 5,
Code of Federal Regulations.
Sec. 424. Of the unobligated balances of funds remaining
from--
(1) Public Law 91-605, and any other Act,
appropriated to the ``Rail Crossings Demonstration
Projects'' account under Treasury Account Fund Symbol
69X0555, a total of $517,220.20 is hereby permanently
rescinded;
(2) Public Law 92-18, and any other Act, appropriated
to the ``Darien Gap Highway'' account under Treasury
Account Fund Symbol 69X0553, a total of $2,037,034.50
is hereby permanently rescinded;
(3) Public Law 93-87, and any other Act, appropriated
to the ``Alaska Highway'' account under Treasury
Account Fund Symbol 69X0537, a total of $62,861.61 is
hereby permanently rescinded;
(4) Public Law 94-387, and any other Act,
appropriated to the ``Railroad-Highway Crossings
Demonstration Projects'' account under Treasury Account
Fund Symbol 69X0557, a total of $2,035,137.12 is hereby
permanently rescinded;
(5) Public Law 97-257, and any other Act,
appropriated to the ``Access Highways to Public
Recreation Areas on Certain Lakes'' account under
Treasury Account Fund Symbol 69X0503, a total of
$352,333.19 is hereby permanently rescinded;
(6) Public Law 99-190, and any other Act,
appropriated to the ``Highway Beautification'' account
under Treasury Account Fund Symbol 69X0540, a total of
$488,909.57 is hereby permanently rescinded;
(7) Public Law 101-164, and any other Act,
appropriated to the ``Highway Demonstration Projects-
Preliminary Engineering'' account under Treasury
Account Fund Symbol 69X0583, a total of $2,601,431.71
is hereby permanently rescinded;
(8) Public Law 101-516, and any other Act,
appropriated to the ``Highway Demonstration Projects''
account under Treasury Account Fund Symbol 69X0598, a
total of $1,341 is hereby permanently rescinded;
(9) Public Law 102-143, and any other Act,
appropriated to the ``Highway Studies Feasibility,
Design, Environmental, Engineering'' account under
Treasury Account Fund Symbol 69X0533, a total of
$262,204.01 is hereby permanently rescinded;
(10) Public Law 103-331, and any other Act,
appropriated to the ``Surface Transportation Projects''
account under Treasury Account Fund Symbol 69X0505, a
total of $573,097.13 is hereby permanently rescinded;
and
(11) Public Law 107-87, and any other Act,
appropriated to the ``Miscellaneous Highway Project''
account under Treasury Account Fund Symbol 69X0641, a
total of $11,003,637 is hereby permanently rescinded.
Sec. 425. (a) Section 127(l)(3)(A) of title 23, United States
Code, is amended--
(1) in the matter preceding clause (i), in the first
sentence, by striking ``clause (i) or (ii)'' and
inserting ``clauses (i) through (iv)''; and
(2) by adding at the end the following:
``(iii) The Wendell H. Ford (Western
Kentucky) Parkway (to be designated as
a spur of Interstate Route 69) from the
interchange with the William H. Natcher
Parkway in Ohio County, Kentucky, west
to the interchange of the Western
Kentucky Parkway with the Edward T.
Breathitt (Pennyrile) Parkway.
``(iv) The Edward T. Breathitt
(Pennyrile) Parkway (to be designated
as a spur of Interstate Route 69) from
Interstate 24, north to Interstate
69.''.
(b) Designation as High Priority Corridor.--Section 1105(c)
of the Intermodal Surface Transportation Efficiency Act of 1991
(Public Law 102-240; 105 Stat. 2032; 131 Stat. 797) is amended
by adding at the end the following:
``(91) The Wendell H. Ford (Western Kentucky) Parkway
from the interchange with the William H. Natcher
Parkway in Ohio County, Kentucky, west to the
interchange of the Western Kentucky Parkway with the
Edward T. Breathitt (Pennyrile) Parkway.''.
(c) Designation as Future Interstate.--Section 1105(e)(5)(A)
of the Intermodal Surface Transportation Efficiency Act of 1991
(Public Law 102-240; 109 Stat. 597; 131 Stat. 797) is amended
in the first sentence by striking ``and subsection (c)(90)''
and inserting ``subsection (c)(90), and subsection (c)(91)''.
(d) Numbering of Parkway.--Section 1105(e)(5)(C)(i) of the
Intermodal Surface Transportation Efficiency Act of 1991
(Public Law 102-240; 109 Stat. 598; 126 Stat. 426; 131 Stat.
797) is amended by adding at the end the following: ``The route
referred to in subsection (c)(91) is designated as Interstate
Route I-569.''.
(e) Exemption.--Notwithstanding section 111 of title 23,
United States Code, if the segment of highway described in
paragraph (91) of section 1105(c) of the Intermodal Surface
Transportation Efficiency Act of 1991 (Public Law 102-240; 105
Stat. 2032; 131 Stat. 797) is designated as a route on the
Interstate System, any commercial establishment operating
legally in a rest area on that segment before the date of that
designation may continue to operate in the Interstate right-of-
way, subject to the Interstate access standards established
under section 111 of that title.
This division may be cited as the ``Transportation, Housing
and Urban Development, and Related Agencies Appropriations Act,
2020''.
[Clerk's note.--Reproduced below is the material relating
to division H contained in the Explanatory Statement regarding
H.R. 1865, the Further 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 H11454 of
Book III.
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DIVISION H--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2020
Congressional Directives
Unless otherwise noted, the language and allocations set
forth in the House report (House Report 116-106) and the Senate
report (Senate Report 116-109) carry the same weight as
language included in this statement and should be complied with
unless specifically addressed to the contrary in this division
or statement. House report language and Senate report language,
neither of which is changed by this statement, is a result of
the 2020 appropriations agreement. This statement, while
repeating some report language for emphasis, does not intend to
negate the language referred to above unless expressly provided
herein. In cases where the House or the Senate has directed the
submission of a report, such report is to be submitted to both
the House and Senate Committees on Appropriations. The
Department of Transportation and the Department of Housing and
Urban Development are directed to notify the House and Senate
Committees on Appropriations seven days prior to the
announcement of a new program, initiative, or authority. Any
reprogramming requests must be submitted to the Committees on
Appropriations no later than June 30, 2020.
OTHER MATTERS
Contracting.--Instead of requiring each Department and
agency to include information on advertising contracts in its
fiscal year 2021 budget justification, each Department and
agency shall furnish such information in a report to the
Committees no later than 30 days after the submission of the
fiscal year 2021 budget request.
Targeted investments in impoverished areas.--If current
data collected by the Departments and agencies for a program
are unable to be readily aggregated by county or census tract,
then a statement on the limitations of the data for that
program shall satisfy such reporting requirement.
MEGABYTE Act.--The agreement notes that both the
Departments of Transportation and Housing and Urban Development
have received a passing grade on the most recent Biannual
Federal Information Technology Acquisition Reform Act Scorecard
for software licensing.
TITLE I--DEPARTMENT OF TRANSPORTATION
Office of the Secretary
SALARIES AND EXPENSES
The bill provides $115,490,000 for the salaries and
expenses of the Office of the Secretary.
Travel and Tourism.--The agreement sustains support for the
national advisory committee on travel and tourism
infrastructure and directs the Secretary to provide the
strategic plan required in the Senate report within 90 days of
enactment of this Act.
Intelligent Transportation Systems.--The agreement directs
the Secretary to submit a report to the House and Senate
Committees on Appropriations as described in section 105 of the
Senate bill within 90 days of enactment of this Act.
Bonuses.--The agreement directs the Secretary to submit a
report to the House and Senate Committees on Appropriations on
the Department of Transportation's existing policies and
Operating Administration's guidance on retention and senior
executive bonuses and an analysis of each Operating
Administration's compliance with such policies and guidance in
fiscal year 2019 within 90 days of enactment of this Act.
RESEARCH AND TECHNOLOGY
The bill provides $21,000,000 for research and technology,
of which $14,218,000 shall remain available until expended. Of
the total amount, the bill provides the following levels for
specific activities:
------------------------------------------------------------------------
------------------------------------------------------------------------
Tier I University Transportation Centers.............. $5,000,000
Emergency Planning Transportation Data Initiative..... 1,000,000
Transportation Resilience Metrics Study............... 1,000,000
Highly Automated Systems Safety Center of Excellence.. 5,000,000
------------------------------------------------------------------------
Emergency Planning Transportation Data Initiative.--The
agreement provides $1,000,000 for an emergency planning
transportation data initiative to conduct research and develop
models of data integration of geo-located weather and roadway
information for emergency and other severe weather conditions
to improve public safety, emergency evacuation, and response
capabilities.
Transportation Resilience Metrics Study.--The agreement
provides $1,000,000 for the Secretary to enter into an
agreement with the National Academies of Sciences, Engineering,
and Medicine, no later than 45 days after enactment of this
Act, to conduct a study on effective ways to measure the
resilience of transportation systems and services to natural
disasters and hazards. The study should: (1) identify and
examine approaches used by Federal agencies, States,
metropolitan planning organizations, local governments, and
other organizations, including approaches described in academic
literature, to develop metrics for transportation resilience;
(2) provide findings on approaches to measuring resilience that
have shown or promise success; and (3) provide recommendations
on addressing challenges with measuring resilience. The
Secretary is directed to submit to the House and Senate
Committees on Appropriations a final study developed by the
National Academies of Sciences, Engineering, and Medicine no
later than one year after enactment of this Act.
Highly Automated Systems Safety Center of Excellence
(COE).--The agreement provides $5,000,000 to establish the
Highly Automated Systems Safety COE within the Department of
Transportation to review, assess, and validate the safety of
highly automated systems across all modes of transportation.
NATIONAL INFRASTRUCTURE INVESTMENTS
The bill provides $1,000,000,000 for national
infrastructure investments, to remain available until September
30, 2022. The agreement does not include the requirement in the
House report to refocus fiscal year 2020 awards on multimodal
projects, but does continue to make these projects eligible for
awards. Instead, the Secretary is directed to invest in a
variety of transportation modes, which includes a broad range
of transportation projects such as highway, bridge, or road
projects; transit projects; passenger and freight rail
projects; port infrastructure improvements; intermodal
projects; bicycle and pedestrian projects; and multimodal
infrastructure projects.
NATIONAL SURFACE TRANSPORTATION AND INNOVATIVE FINANCE BUREAU
The bill provides $5,000,000 for the national surface
transportation and innovative finance bureau, to remain
available until expended.
FINANCIAL MANAGEMENT CAPITAL
The bill provides $2,000,000 for the financial management
capital program, to remain available until September 30, 2021.
CYBER SECURITY INITIATIVES
The bill provides $15,000,000 for departmental cyber
security initiatives, to remain available until September 30,
2021.
OFFICE OF CIVIL RIGHTS
The bill provides $9,470,000 for the office of civil
rights.
TRANSPORTATION PLANNING, RESEARCH, AND DEVELOPMENT
The bill provides $10,879,000 for planning, research, and
development activities, to remain available until expended, of
which $1,000,000 is for the Interagency Infrastructure
Permitting Improvement Center.
Non-Traditional and Emerging Transportation Technology
(NETT) Council.--The Department is directed, through the NETT
Council, to conduct the study required in the House and Senate
reports on new and emerging cross-modal transportation
technologies, including hyperloop technology, and provide a
report to the House and Senate Committees on Appropriations
within one year of enactment of this Act on such findings and
recommendations. The agreement provides $2,000,000 to complete
this study, conduct research on the safety and regulatory needs
of such technologies, and provide technical assistance to local
and State governments.
WORKING CAPITAL FUND
The bill limits expenditures for working capital fund
activities to $319,793,000. The limitation allows the
Department to complete the migration of commodity information
technology (IT) to the working capital fund, and, if needed,
the migration of personnel associated with commodity IT. Any
additional scope of work is not approved.
SMALL AND DISADVANTAGED BUSINESS UTILIZATION AND OUTREACH
The bill provides $4,646,000 for small and disadvantaged
business utilization and outreach, to remain available until
September 30, 2021.
PAYMENTS TO AIR CARRIERS
(AIRPORT AND AIRWAY TRUST FUND)
The bill provides $162,000,000 for payments to air
carriers, to remain available until expended.
ADMINISTRATIVE PROVISIONS--OFFICE OF THE SECRETARY OF TRANSPORTATION
Section 101 prohibits funds available to the Department of
Transportation from being obligated for the Office of the
Secretary of Transportation to approve assessments or
reimbursable agreements pertaining to funds appropriated to the
modal administrations, except for activities underway on the
date of enactment of this Act, unless such assessments or
agreements have completed the normal reprogramming process for
Congressional notification.
Section 102 requires the Secretary of Transportation to
post on the internet a schedule of all Council on Credit and
Finance meetings, agendas, and meeting minutes.
Section 103 allows the Department of Transportation Working
Capital Fund to provide payments in advance to vendors for the
Federal transit pass fringe benefit program, and to provide
full or partial payments to, and to accept reimbursements from,
Federal agencies for transit benefit distribution services.
Section 104 requires the Secretary of Transportation to
announce the selection of all projects to receive awards for
all competitive grants provided in P.L. 116-6 under the
headings ``Federal Railroad Administration--Federal-State
Partnership for State of Good Repair'', ``Federal Railroad
Administration--Consolidated Rail Infrastructure and Safety
Improvements'', ``Federal Railroad Administration--Restoration
and Enhancement'', ``Federal Railroad Administration--Magnetic
Levitation Technology Deployment Program'', and ``Maritime
Administration--Port Infrastructure Development Program'' no
later than May 1, 2020.
Section 105 requires the Secretary of Transportation to
establish a Highly Automated Systems Safety Center of
Excellence within the Department of Transportation.
Section 106 prohibits the use of funds made available by
this Act to terminate the Intelligent Transportation System
Program Advisory Committee established under section 5305(h) of
SAFETEA-LU.
Federal Aviation Administration
OPERATIONS
(AIRPORT AND AIRWAY TRUST FUND)
The agreement provides $10,630,000,000 for the operations
of the Federal Aviation Administration (FAA), to remain
available until September 30, 2021. Of the total amount
provided, $10,519,000,000 is to be derived from the airport and
airway trust fund. Funds are distributed in the bill by budget
activity.
The following table compares the bill to the levels
proposed in the budget request by activity:
------------------------------------------------------------------------
Budget Request Bill
------------------------------------------------------------------------
Aviation Safety................... $1,327,779,000 $1,404,096,000
Air Traffic Organization.......... 7,777,357,000 7,970,734,000
Commercial Space Transportation... 25,598,000 26,040,000
Finance and Management............ 784,832,000 800,646,000
NextGen and Operations Planning... 60,145,000 61,538,000
Security and Hazardous Materials 117,694,000 118,642,000
Safety...........................
Staff Offices..................... 246,595,000 248,304,000
-------------------------------------
Total......................... 10,340,000,000 10,630,000,000
------------------------------------------------------------------------
Reviews and Recommendations.--The FAA's organization,
processes, and policies are undergoing a thorough review as the
result of two recent fatal aviation accidents. The National
Transportation Safety Board (NTSB), the Joint Authorities
Technical Review Panel (JATR), and the Indonesian National
Transportation Safety Committee have each issued
recommendations. Additional recommendations are anticipated
from the Office of Inspector General (OIG); DOT's Special
Committee to Review FAA's Aircraft Certification Process; the
Safety Oversight and Certification Advisory Committee; the
House Committee on Transportation and Infrastructure; the
Senate Committee on Commerce, Science, and Transportation; the
Ethiopian Civil Aviation Authority; and a multidisciplinary
expert review panel on Organization Designation Authorization
(ODA) programs, processes, and procedures; among others. The
agreement directs the FAA to respond to each recommendation and
to report to the House and Senate Committees on Appropriations
on the impact of these recommendations on its resource and
funding needs. The agreement further directs the FAA to resolve
an open recommendation from a 2015 OIG report regarding
evaluation criteria and tools used to target safety oversight.
The FAA is strongly reminded that changes to its organizational
structure are subject to the requirements of section 405 of
this Act.
Aviation Safety Staffing and Training.--The agreement
includes $6,800,000 throughout aviation safety (AVS) for the
salaries and expenses of additional staff with expertise in
human factors, systems safety engineering, software
engineering, manufacturing and industrial engineering, data
analytics and science, and international aviation safety
standards. The FAA is also directed to strategically use its
existing personnel authorities to recruit and retain staff in
these occupations, including student loan repayment and tuition
repayment programs, direct hire authority, recruitment and
relocation incentives, and the use of programs such as the
minority serving institutions internship and pathways programs.
The agreement also includes $6,200,000 to cover the cost of
technical training and credentialing related to flight
operations, aircraft certification, engineering, human factors,
and other technical specialties that would support the aviation
safety mission. The FAA shall brief the House and Senate
Committees on Appropriations no later than 90 days after
enactment on its use of these authorities in order to meet
staffing and technical skills targets and potential uses for
competitive compensation and recalibration of qualification
standards.
Improving Aviation Safety.--The agreement includes up to
$3,000,000 for the FAA, in consultation with the Department of
State and USAID, to help organizations around the world
understand U.S. safety standards, provide technical training
for civil aviation authorities and foreign air carriers, and
assist civil aviation authorities safely integrate U.S.-
manufactured aircraft into their regulatory framework. An
additional $1,000,000 may be used, in consultation with the
Department of State and USAID, to create opportunities for the
FAA to engage with leaders around the world through outreach
and training programs for aviation stakeholders, consistent
with the FAA Reauthorization Act of 2018 requirement to promote
U.S. aerospace safety standards.
Centralized Safety Guidance Database.--The FAA is directed
to report on its progress in implementing the centralized
safety guidance database by May 1, 2020, including a specific
timetable for full implementation.
Unfinished Rulemakings.--The agreement directs the FAA to
report on unfinished rulemakings related to the safety of
foreign repair stations and flight attendant rest requirements
30 days after enactment of this Act.
Workforce Diversity.--Of the amount provided for staff
offices, the agreement includes up to $5,000,000, but not less
than $3,500,000, for the minority serving institutions (MSI)
internship program for the cost of the stipend, travel,
orientations, workshops, field trips, mentoring, coaching,
program administration, and program evaluation. The agreement
further requires the FAA to incorporate the MSI internship
program into the FAA-United States Air Force aviation workforce
initiative announced on May 31, 2019.
Pilot Medical Certification.--The agreement does not
require the FAA to report on the data related to special
issuance medical certificates for insulin dependency as
required by the Senate report, but does direct the FAA to
submit the report required by the House report.
Unmanned Aircraft Systems (UAS) Integration Pilot Program
(IPP).--The agreement requires the FAA to provide the report on
UAS IPP, as required by the Senate report, no later than March
2, 2020.
Veteran's pilot training grants program.--The agreement
directs the FAA to use up to $5,000,000 for competitive grants
to facilitate the future supply of adequate pilots as required
in the Senate report, and in awarding such grants the FAA is
encouraged to prioritize flight schools that are either
accredited by the Department of Education or hold a restricted
airline transport pilot letter of authorization.
Opioid Antagonists.--As part of the ongoing efforts to
review regulations regarding the emergency medical equipment
carried by passenger airlines, the FAA should take timely
action to issue additional guidance to air carriers to ensure
the inclusion of opioid antagonists in emergency medical kits.
FAA Reauthorization.--The agreement directs the FAA to
submit a report to the House and Senate Committees on
Appropriations on March 2, 2020, and on September 8, 2020, on
the status of implementation of the provisions in P.L. 115-254,
including a list of all mandates and associated deadlines, the
primary office responsible for executing each mandate, and
actions taken to date on implementing each mandate.
FACILITIES AND EQUIPMENT
(AIRPORT AND AIRWAY TRUST FUND)
The agreement provides $3,045,000,000 for facilities and
equipment. Of the total amount available, $515,000,000 is
available until September 30, 2021; $2,409,473,000 is available
until September 30, 2022; and $120,527,000 is available until
expended.
The following table provides details by program:
------------------------------------------------------------------------
Budget Request Agreement
------------------------------------------------------------------------
Activity 1--Engineering,
Development, Test and Evaluation
------------------------------------------------------------------------
Advanced Technology 40,900,000 40,900,000
Development and Prototyping..
William J. Hughes Technical 20,000,000 20,000,000
Center Laboratory Sustainment
William J. Hughes Technical 15,000,000 15,000,000
Center Infrastructure
Sustainment..................
NextGen--Separation Management 33,500,000 20,500,000
Portfolio....................
NextGen--Traffic Flow 27,500,000 19,800,000
Management Portfolio.........
NextGen--On Demand NAS 10,500,000 8,500,000
Portfolio....................
NextGen--NAS Infrastructure 17,000,000 11,500,000
Portfolio....................
NextGen--NextGen Support 13,000,000 11,000,000
Portfolio....................
NextGen--Unmanned Aircraft 68,400,000 51,900,000
Systems (UAS)................
NextGen--Enterprise, Concept 32,000,000 19,000,00000
Development, Human Factors,
and Demonstrations Portfolio.
-------------------------------------
Total Activity 1.............. 277,800,000 218,100,000
------------------------------------------------------------------------
Activity 2--Procurement and
Modernization of Air Traffic
Control Facilities and Equipment
------------------------------------------------------------------------
a. En Route Programs
En Route Automation 105,950,000 105,950,000
Modernization (ERAM)--System
Enhancements and Tech Refresh
En Route Communications 2,650,000 2,650,000
Gateway (ECG)................
Next Generation Weather Radar 3,000,000 3,000,000
(NEXRAD).....................
Air Route Traffic Control 96,900,000 96,900,000
Center (ARTCC) & Combined
Control Facility (CCF)
Building Improvements........
Air/Ground Communications 7,850,000 7,850,000
Infrastructure...............
Air Traffic Control En Route 5,300,000 5,300,000
Radar Facilities Improvements
Oceanic Automation System..... 15,900,000 15,900,000
Next Generation Very High 50,000,000 70,000,000
Frequency Air/Ground
Communications (NEXCOM)......
System-Wide Information 100,950,000 81,825,000
Management (SWIM)............
ADS-B NAS Wide Implementation. 174,400,000 159,400,000
Windshear Detection Service... 1,000,000 1,000,000
Air Traffic Management 77,100,000 50,000,000
Implementation Portfolio.....
Time Based Flow Management 30,700,000 20,000,000
Portfolio (TBFM).............
NextGen Weather Processors-- 31,300,000 24,300,000
Work Package 1 (WP1).........
Airborne Collision Avoidance 6,900,000 6,900,000
System X (ACASX).............
Data Communications in Support 136,248,013 136,248,000
of NextGen...................
Non-Continental United States 1,000,000 1,000,000
(Non-CONUS) Automation.......
Reduced Oceanic Separation.... 32,300,000 32,300,000
En Route Service Improvements. 2,000,000 2,000,000
Commercial Space Integration.. 33,000,000 23,000,000
-------------------------------------
Subtotal En Route Programs 914,448,013 845,523,000
b. Terminal Programs
Terminal Doppler Weather Radar 2,200,000 2,200,000
(TDWR)--Provide..............
Standard Terminal Automation 41,300,000 41,300,000
Replacement System (STARS)
(TAMR Phase 1)...............
Terminal Automation Program... 6,500,000 6,500,000
Terminal Air Traffic Control 24,326,987 24,327,000
Facilities--Replace..........
ATCT/Terminal Radar Approach 96,200,000 96,200,000
Control (TRACON) Facilities--
Improve......................
NAS Facilities OSHA and 40,400,000 40,400,000
Environmental Standards
Compliance...................
Integrated Display System 24,000,000 24,000,000
(IDS)........................
Remote Monitoring and Logging 14,400,000 14,400,000
System (RMLS)................
Terminal Flight Data Manager 135,450,000 135,450,000
(TFDM).......................
Performance Based Navigation 5,000,000 5,000,000
and Metroplex Portfolio......
Unmanned Aircraft System (UAS) 58,400,000 28,400,000
Implementation...............
Airport Ground Surveillance 19,000,000 19,000,000
Portfolio....................
Terminal and En Route 68,500,000 62,500,000
Surveillance Portfolio.......
Terminal and Enroute Voice 49,750,000 40,750,000
Switch and Recorder Portfolio
NextGen Implementation of FOXs 35,000,000 10,000,000
and FIM Cloud................
-------------------------------------
Subtotal Terminal Programs 620,426,987 550,427,000
c. Flight Service Programs
Aviation Surface Observation 4,000,000 4,000,000
System (ASOS)................
Future Flight Services Program 19,200,000 18,000,000
(FFSP).......................
Alaska Flight Service Facility 2,650,000 2,650,000
Modernization (AFSFM)........
Weather Camera Program........ - 1,800,000
Juneau Airport Wind System 1,000,000 1,000,000
(JAWS)--Technology Refresh...
-------------------------------------
Subtotal Flight Service 26,850,000 27,450,000
Programs.................
d. Landing and Navigational Aids
Programs
VHF Omnidirectional Radio 18,000,000 20,000,000
Range (VOR) Minimum Operating
Network (MON)................
Instrument Landing System - 10,000,000
(ILS)........................
Wide Area Augmentation System 90,000,000 80,000,000
(WAAS) for GPS...............
Instrument Flight Procedures 1,100,000 1,100,000
Automation (IFPA)............
Runway Safety Areas-- 1,400,000 1,400,000
Navigational Mitigation......
Landing and Lighting Portfolio 48,245,000 36,000,000
-------------------------------------
Subtotal Landing and 158,745,000 148,500,000
Navigational Aids
Programs.................
e. Other ATC Facilities Programs
Fuel Storage Tank Replacement 26,400,000 26,400,000
and Management...............
Unstaffed Infrastructure 36,800,000 36,800,000
Sustainment..................
Aircraft Related Equipment 10,900,000 10,900,000
Program (ARE)................
Airport Cable Loop Systems-- 10,000,000 8,000,000
Sustained Support............
Alaskan Satellite 4,300,000 4,300,000
Telecommunications
Infrastructure (ASTI)........
Facilities Decommissioning.... 9,000,000 9,000,000
Electrical Power Systems-- 150,000,000 130,000,000
Sustain/Support..............
Energy Management and 6,400,000 6,400,000
Compliance (EMC).............
Child Care Center Sustainment. 1,500,000 1,500,000
FAA Telecommunications 48,500,000 38,500,000
Infrastructure (FTI).........
Data Visualization, Analysis 7,100,000 7,100,000
and Reporting System (DVARS).
Time Division Multiplexing 20,000,000 20,000,000
(TDM)-to-Internet Protocol
(IP) Migration...............
-------------------------------------
Subtotal Other ATC 330,900,000 298,900,000
Facilities Programs......
-------------------------------------
Total Activity 2.......... 2,051,370,000 1,870,800,000
------------------------------------------------------------------------
Activity 3--Procurement and
Modernization of Non-Air Traffic
Control Facilities and Equipment
------------------------------------------------------------------------
a. Support Programs
Hazardous Materials Management 20,000,000 20,000,000
Aviation Safety Analysis 19,700,000 19,700,000
System (ASAS)................
National Air Space Recovery 12,000,000 12,000,000
Communications (RCOM)........
Facility Security Risk 15,100,000 15,100,000
Management...................
Information Security.......... 33,300,000 23,300,000
System Approach for Safety 23,100,000 23,100,000
Oversight (SASO).............
Aviation Safety Knowledge 5,300,000 5,300,000
Management Environment
(ASKME)......................
Aerospace Medical Equipment 13,800,000 13,800,000
Needs (AMEN).................
NextGen--System Safety 19,500,000 24,500,000
Management Portfolio.........
National Test Equipment 3,000,000 3,000,000
Program (NTEP)...............
Mobile Assets Management 1,800,000 1,800,000
Program......................
Aerospace Medicine Safety 13,800,000 13,800,000
Information Systems (AMSIS)..
Logistics Support Systems and 4,000,000 9,000,000
Facilities (LSSF)............
-------------------------------------
Subtotal Support Programs. 184,400,000 184,400,000
b. Training, Equipment and
Facilities
Aeronautical Center 18,000,000 18,000,000
Infrastructure Modernization.
Distance Learning............. 1,000,000 1,000,000
-------------------------------------
Subtotal Training, 19,000,000 19,000,000
Equipment and Facilities.
-------------------------------------
Total Activity 3.......... 203,400,000 203,400,000
------------------------------------------------------------------------
Activity 4--Facilities and
Equipment Mission Support
------------------------------------------------------------------------
a. System Support and Support
Services
System Engineering and 38,000,000 38,000,000
Development Support..........
Program Support Leases........ 48,000,000 48,000,000
Logistics Support Services 11,800,000 11,800,000
(LSS)........................
Mike Monroney Aeronautical 20,600,000 20,600,000
Center Leases................
Transition Engineering Support 21,000,000 21,000,000
Technical Support Services 28,000,000 28,000,000
Contract (TSSC)..............
Resource Tracking Program 8,000,000 8,000,000
(RTP)........................
Center for Advanced Aviation 57,000,000 57,000,000
System Development (CAASD)...
Aeronautical Information 5,300,000 5,300,000
Management Program...........
-------------------------------------
Total Activity 4.......... 237,700,000 237,700,000
------------------------------------------------------------------------
Activity 5--Personnel
Compensation, Benefits, and
Travel
------------------------------------------------------------------------
Personnel and Related Expenses 524,730,000 515,000,000
-------------------------------------
Total All Activities...... 3,295,000,000 3,045,000,000
------------------------------------------------------------------------
Reduced Oceanic Separation.--The agreement includes
$32,300,000 for continued implementation of Automatic Dependent
Surveillance-Contract (ADS-C) reduced oceanic separation and
for the implementation of space-based Automatic Dependent
Surveillance-Broadcast (ADS-B) for use in oceanic operations.
Remote Tower Pilot Program.--The agreement includes
$7,000,000 for the implementation of the remote tower pilot
program as authorized in section 161 of the P.L. 115-254.
Distance Measuring Equipment (DME), VHF Omnidirectional
Radio Range (VOR), TACAN (DVT) Sustainment.--The agreement
directs the FAA to provide the House and Senate Committees on
Appropriations an update detailing their plan to achieve
distance measuring equipment, VOR, tactical air navigation
(DVT) modernization, no later than 180 days after enactment of
this Act. The agency is expected to highlight potential
obstacles and innovative approaches that may be required to
achieve this goal, such as using a service based approach in
which vendors provide equipment and installation services and
FAA employees perform flight checks, maintenance, and
certification of the systems. The FAA should continue its
efforts to establish this program and conduct an acquisition as
soon as possible.
FAA Enterprise Network Services (FENS).--The agreement does
not require the FAA to provide the briefing on FENS referenced
in Senate report.
Instrument Landing Systems (ILS).--The agreement includes
$10,000,000 for the procurement and installation of ILS
services.
NextGen--System Safety Management Portfolio.--The agreement
includes $5,000,000 above the request to enhance the ASIAS
program to enable near real-time data, thereby allowing the FAA
to appropriately adjust safety decisions in a dynamic and
rapidly changing industry.
RESEARCH, ENGINEERING, AND DEVELOPMENT (AIRPORT AND AIRWAY TRUST FUND)
The agreement provides $192,665,000 for the FAA's research,
engineering, and development activities, to remain available
until September 30, 2022.
The table below provides the following levels for specific
programs:
------------------------------------------------------------------------
Program Budget Request Agreement
------------------------------------------------------------------------
Fire Research & Safety............ 7,562,000 7,200,000
Propulsion & Fuel Systems......... 3,708,000 2,100,000
Advanced Materials/Structural 1,799,000 14,720,000
Safety...........................
Aircraft Icing/Digital System 7,450,000 9,000,000
Safety...........................
Continued Airworthiness........... 10,006,000 10,269,000
Aircraft Catastrophic Failure - 1,565,000
Prevention Research..............
Flightdeck/Maintenance/System 5,973,000 7,300,000
Integration Human Factors........
Safety System Management/Terminal 4,309,000 4,500,000
Area Safety......................
Air Traffic Control/Technical 5,474,000 5,800,000
Operations Human Factors.........
Aeromedical Research.............. 9,575,000 7,919,000
Weather Program................... 6,391,000 12,911,000
Unmanned Aircraft Systems Research 7,546,000 24,035,000
Alternative Fuels for General - 1,900,000
Aviation.........................
Commercial Space Transportation 5,971,000 2,500,000
Safety...........................
NextGen Wake Turbulence........... 3,697,000 5,000,000
NextGen Air Ground Integration 1,717,000 5,300,000
Human Factors....................
NextGen Weather Technology in the 1,963,000 3,144,000
Cockpit..........................
NextGen Flight Deck Data Exchange 1,005,000 1,005,000
Requirements.....................
Information Technology/Cyber 2,675,000 2,675,000
Security Program.................
-------------------------------------
Sub-Total Safety.............. 86,821,000 128,843,000
Environment & Energy.............. 15,103,000 18,013,000
NextGen Environmental Research 12,500,000 29,174,000
Aircraft Technologies and Fuels..
Airliner Cabin Environment - 1,000,000
Research.........................
-------------------------------------
Sub-Total Reduce Environmental 27,603,000 48,187,000
Impacts......................
System Planning and Resource 2,717,000 12,135,000
Management.......................
William J. Hughes Technical Center 2,859,000 3,500,000
Laboratory Facility..............
-------------------------------------
Sub-Total Mission Support..... 5,576,000 15,635,000
-------------------------------------
Total..................... 120,000,000 192,665,000
------------------------------------------------------------------------
Continued Airworthiness.--The agreement includes
$10,269,000 for continued airworthiness, of which $2,000,000 is
for the FAA to work with public and private partners who
provide leading-edge research, development, and testing of
composite materials and structures.
Environmental sustainability.--The FAA is provided a total
of $47,187,000 for research related to environmental
sustainability that supports the CLEEN program, as well as the
center of excellence for alternative jet fuels and environment.
Within the total provided, the FAA is directed to use
$15,000,000 for the center of excellence.
Aviation workforce development programs.--Of the amount
provided for system planning and resource management, the
agreement includes $10,000,000 for the aviation workforce
development programs for aircraft pilot workforce and for
aviation maintenance workforce, as authorized by section 625 of
the FAA Reauthorization Act of 2018.
Human Intervention Motivation Study (HIMS).--The FAA is
directed to report on its progress in implementing the
direction in the Senate report on the HIMS no later than March
2, 2020.
Automation.--The FAA should investigate ways in which
training and mitigations can be developed to address the safety
risk associated with pilot automation dependency.
GRANTS-IN-AID FOR AIRPORTS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(AIRPORT AND AIRWAY TRUST FUND)
(INCLUDING TRANSFER OF FUNDS)
The agreement provides an obligation limitation of
$3,350,000,000 and a liquidating cash appropriation of
$3,000,000,000, to remain available until expended. Within the
obligation limitation, the agreement provides not more than
$116,500,000 for administrative expenses, no less than
$15,000,000 for the airport cooperative research program, not
less than $39,224,000 for airport technology research, and
$10,000,000 for the small community air service development
program.
Boarding Bridges.--The agreement directs the FAA to consult
with the U.S. Trade Representative (USTR) and the U.S. Attorney
General to develop, to the extent practicable, a list of
entities that: (1) are a foreign state-owned enterprise that is
identified by the USTR in the report required by subsection
(a)(1) of section 182 of the Trade Act of 1974 and subject to
monitoring by the USTR under section 306 of the Trade Act of
1974; and (2) have been determined by a Federal court, after
exhausting all appeals, to have misappropriated intellectual
property or trade secrets from an entity organized under the
laws of the United States or any jurisdiction within the United
States. The FAA shall make such list available to the public
and work with the USTR, to the extent practicable, to utilize
the system for award management database to exclude such
entities from being eligible for Federal non-procurement
awards. The FAA is expected to notify the House and Senate
Committees on Appropriations of any significant challenges the
agency faces in completing these actions.
GRANTS-IN-AID FOR AIRPORTS
The agreement provides $400,000,000 in new budget authority
for additional discretionary grants for airport construction
projects.
Prioritization.--Section 47115(j)(3)(B) of title 49, United
States Code, requires that not less than 50 percent of the
funds made available under this heading shall be for grants at
nonhub, small hub, reliever, and nonprimary airports. The
agreement directs the FAA to restrict this set-aside to 50
percent, and use the remaining funds for grants at medium hub
and large hub airports. In addition, the agreement directs the
FAA to provide priority consideration for grant applications
that complete previously awarded discretionary grant projects,
and to provide priority consideration based on project
justification and completeness of pre-grant actions.
ADMINISTRATIVE PROVISIONS--FEDERAL AVIATION ADMINISTRATION
Section 110 allows no more than 600 technical staff-years
at the center for advanced aviation systems development.
Section 111 prohibits funds for adopting guidelines or
regulations requiring airport sponsors to provide FAA without
costbuilding construction or space.
Section 112 allows reimbursement for fees collected and
credited under 49 U.S.C. 45303.
Section 113 allows reimbursement of funds for providing
technical assistance to foreign aviation authorities to be
credited to the operations account.
Section 114 prohibits funds for Sunday premium pay unless
work was actually performed on a Sunday.
Section 115 prohibits funds from being used to buy store
gift cards with Government issued credit cards.
Section 116 prohibits funds from being obligated or
expended for retention bonuses for FAA employees without prior
written approval of the DOT Assistant Secretary for
Administration.
Section 117 requires the Secretary to block the display of
an owner or operator s aircraft registration number in the
aircraft situational display to industry program upon the
request of an owner or operator.
Section 118 prohibits funds for salaries and expenses of
more than nine political and Presidential appointees in the
FAA.
Section 119 prohibits funds to increase fees under 49
U.S.C. 44721 until the FAA provides a report to the House and
Senate Committees on Appropriations that justifies all fees
related to aeronautical navigation products and explains how
such fees are consistent with Executive Order No. 13642.
Section 119A requires the FAA to notify the House and
Senate Committees on Appropriations at least 90 days before
closing a regional operations center or reducing the services
provided.
Section 119B prohibits funds from being used to change
weight restrictions or prior permission rules at Teterboro
Airport in New Jersey.
Section 119C prohibits funds from being used to withhold
from consideration and approval certain application for
participation in the contract tower program, or for certain
reevaluations of cost-share program participation.
Section 119D prohibits funds from being used to open,
close, redesignate, or reorganize a regional office, the
aeronautical center, or the technical center subject to the
normal reprogramming requirements outlined under section 405 of
this Act.
Federal Highway Administration
LIMITATION ON ADMINISTRATIVE EXPENSES
(HIGHWAY TRUST FUND)
(INCLUDING TRANSFER OF FUNDS)
The bill limits obligations for the administrative expenses
of the Federal Highway Administration (FHWA) to $453,549,689.
In addition, the bill provides $3,248,000 for the
administrative expenses of the Appalachian Regional Commission.
FEDERAL-AID HIGHWAYS
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
The bill limits obligations for the federal-aid highways
program to $46,365,092,000 in fiscal year 2020.
Cost of Contracting.--In place of the directive included in
the House report, the agreement directs the GAO to report on
how State departments of transportation complete engineering
and design work for projects using Federal funds including, but
not limited to, a holistic comparison of the decisions to use
private contractors versus State employees.
Advanced Digital Construction Management.--The Secretary of
Transportation is directed to provide $10,000,000 from within
the Technology and Innovation Deployment Program for Advanced
Digital Construction Management Systems, consistent with
direction and supportive language in the House and Senate
reports.
Resiliency.--The agreement directs the Department to
provide a report to the House and Senate Committees on
Appropriations on best practices and designs for resilient
infrastructure that also is resistant to accelerated
degradation after flooding and/or salt water intrusion.
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(HIGHWAY TRUST FUND)
The bill provides a liquidating cash appropriation of
$47,104,092,000, which is available until expended, to pay the
outstanding obligations of the various highway programs at the
levels provided in this Act and prior appropriations acts.
HIGHWAY INFRASTRUCTURE PROGRAMS
The bill provides $2,166,140,392 from the general fund. Of
the total amount, the bill provides $1,150,000,000 for a bridge
replacement and rehabilitation program, $781,140,392 for
surface transportation block grants and infrastructure to
support alternative fuel corridors, $100,000,000 for the
Appalachian Development Highway System, $3,500,000 for the
Puerto Rico highway program, $1,500,000 for the territorial
highway program, $70,000,000 for the nationally significant
federal lands and tribal projects program, $50,000,000 for
competitive grants to improve safety at highway-railway
crossings, $5,000,000 for a program to assist local governments
in developing improved infrastructure priorities and financing
strategies for projects that are already eligible for TIFIA,
and $5,000,000 for a pilot program to improve the use of
technology on the national road network.
Nationally Significant Federal Lands and Tribal Projects
(NSFLTP).--In place of the direction included in the House
report, for the NSFLTP, the agreement directs FHWA to
prioritize roadways that in the prior fiscal year have been
closed or had speed restrictions due to unsafe travel
conditions as a result of the roadways infrastructure condition
and maintenance.
ADMINISTRATIVE PROVISIONS--FEDERAL HIGHWAY ADMINISTRATION
Section 120 distributes the federal-aid highways program
obligation limitation.
Section 121 allows funds received by the Bureau of
Transportation Statistics from the sale of data products to be
credited to the federal-aid highways account.
Section 122 provides requirements for any waiver of Buy
America Act requirements.
Section 123 prohibits funds from being used to provide
credit assistance under sections 603 and 604 of title 23,
United States Code, unless the Secretary of Transportation
notifies the House and Senate Committees on Appropriations, the
Senate Committee on Environment and Public Works, the Senate
Committee on Banking, Housing, and Urban Affairs, and the House
Committee on Transportation and Infrastructure at least three
days prior to credit application approval.
Section 124 requires 60-day notification to the House and
Senate Committees on Appropriations for any INFRA grants
awarded under 23 U.S.C. 117, provided that such notification
shall be made no later than 180 days from the date of enactment
of this Act.
Section 125 allows State DOTs to repurpose certain highway
project funding within 25 miles of its original designation.
Section 126 removes a prohibition on two-way tolling on the
Verrazzano-Narrows bridge between Brooklyn and Staten Island,
New York.
Section 127 removes the annual cap from Emergency Relief
for Puerto Rico and the United States Territories.
Section 128 requires FHWA to make determinations on Buy
America Waivers for those waivers submitted before April 17,
2018.
Section 129 repeals a prohibition on removing a bridge
connecting Fall River and Somerset, Massachusetts.
Section 129A clarifies that FHWA should apply a penalty for
States with a State Asset Management Plan only to funds
provided in 2019 and after.
Federal Motor Carrier Safety Administration
MOTOR CARRIER SAFETY OPERATIONS AND PROGRAMS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
The bill includes a liquidation of contract authorization
and a limitation on obligations of $288,000,000 for the
operations and programs of the Federal Motor Carrier Safety
Administration (FMCSA). Of this limitation, $9,073,000 is for
the research and technology program and $35,334,000 is for
information management, to remain available for obligation
until September 30, 2022.
Compliance, Safety, Accountability Data.--The
recommendation directs FMCSA, in an expedited manner, to
address recommendations submitted by the National Academies of
Sciences, Engineering, and Medicine in the manner specified by
the Office of Inspector General on September 25, 2019. FMCSA
must comply with these recommendations before making such data
available to the general public, consistent with the provisions
of the FAST Act.
MOTOR CARRIER SAFETY GRANTS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
The bill provides a liquidating cash appropriation of
$391,135,561 and a limitation on obligations of $391,135,561
for motor carrier safety grants.
ADMINISTRATIVE PROVISIONS--FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION
Section 130 requires FMCSA to send notice of 49 CFR section
385.308 violations by certified mail, registered mail, or some
other manner of delivery which records receipt of the notice by
the persons responsible for the violations.
Section 131 prohibits funds from being used to enforce the
electronic logging device rule with respect to carriers
transporting livestock or insects.
Section 132 requires FMCSA to update inspection regulations
for rear underride guards as specified in GAO-19-264.
National Highway Traffic Safety Administration
OPERATIONS AND RESEARCH
The agreement provides $194,000,000 from the general fund
for operations and research. Of this amount, $40,000,000 shall
remain available until September 30, 2021.
The agreement provides not less than $28,000,000 for
rulemaking programs, of which not less than $12,000,000 is for
the new car assessment program, up to $37,000,000 for
enforcement programs, $48,000,000 for research and analysis
programs, and $81,000,000 for administrative expenses.
Autonomous Vehicles.--Of the funds provided for research
and analysis programs, not less than $17,865,000 shall be
available for vehicle electronics and emerging technologies,
which includes research of automated vehicle technologies. In
addition, using funds provided in fiscal year 2018, the
recommendation directs NHSTA, in coordination with other modes
within the Department, to develop a research plan that ensures
autonomous vehicles are safe for occupants, other drivers,
pedestrians and cyclists, and to report to the House and Senate
Committees on Appropriations within 180 days of enactment of
this Act on the status of that plan. The agreement also directs
NHTSA to develop and publish common terminology for the
identification of vehicles equipped with advanced driver
assistance systems and ``highly automated'' vehicle systems.
Common terminology is not required to be promulgated by a
rulemaking. Further, the agreement affirms directives from the
Senate report regarding accessibility of vehicles incorporating
automated driving systems and associated work with the Access
Board.
Children in Autonomous Vehicles.--Of the amounts provided
under this heading for research and analysis, not less than
$500,000 shall be for a study on child-specific safety
considerations in autonomous vehicles consistent with the
provisions in Section 144 of the House bill.
Automatic Emergency Brakes.--The agreement directs NHTSA to
complete, by December 31, 2021, the current field operational
testing of automatic emergency braking technology on heavy
trucks and commercial motor vehicles that was initiated in
2018.
New Car Assessment Program.--The agreement directs NHTSA to
report to the House and Senate Committees on Appropriation,
within 90 days of enactment of this Act, on its plan and
timeline to complete the rulemaking required under section
24321 of the FAST Act.
OPERATIONS AND RESEARCH
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
The bill provides a liquidating cash appropriation and an
obligation limitation of $155,300,000, to remain available
until expended, which reflects the authorized level of contract
authority.
Protection of First Responders.--The agreement includes not
less than $5,000,000 for grants, pilot program activities, and
innovative solutions to evaluate driver behavior to
technologies that protect law enforcement, first responders,
roadside crews, and others while on the job. The agreement
directs the DOT to study and report to the House and Senate
Committees on Appropriations regarding the safety and deaths of
first responders and other road workers consistent with the
direction in the Senate report. In addition, the study should
include the development of accurate reporting analysis of
crashes that involve police pursuits consistent with the
direction in the House report.
Impaired Driving Prevention.--The agreement applauds the
efforts by private companies, auto manufacturers, and NHTSA to
develop and install equipment that prevents or decreases the
likelihood of drunk and/or impaired driving and directs NHTSA
to convene independent stakeholders in order to facilitate the
sharing of information and the implementation and integration
of impaired driving technology across the automotive industry.
NHTSA shall develop technology neutral standards for impaired
driving detection and consider how to accelerate installation
of such technology in vehicles. The agreement reinforces
direction that NHTSA and the Automotive Coalition for Traffic
Safety submit reports to the Committees on Appropriations
describing the Driver Alcohol Detection System for Safety
(DADSS) progress since 2017 and, within 180 days of enactment
of this Act, describing NHTSA's plans to accomplish the
direction contained herein. The agreement provides no less than
$4,700,000 for DADSS in 2020, as authorized.
Support for NHTSA Activities.--The recommendation supports
recent efforts by NHTSA to provide funding to support police
training programs for identifying drug-impaired drivers and to
conduct a high-visibility media campaign to combat child
hyperthermia. The recommendation expects NHTSA to continue
funding these efforts at a level commensurate with those
executed in 2019.
HIGHWAY TRAFFIC SAFETY GRANTS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
The bill provides a liquidating cash appropriation and an
obligation limitation of $623,017,000 for highway traffic
safety grants, to remain available until expended.
ADMINISTRATIVE PROVISIONS--NATIONAL HIGHWAY TRAFFIC SAFETY
ADMINISTRATION
Section 140 provides funding for travel and related
expenses for State management reviews and highway safety core
competency development training.
Section 141 exempts obligation authority made available in
previous public laws from the obligation limitations set for
the current year.
Section 142 provides $17,000,000 in additional highway
safety funding through the general fund, of which $10,000,000
is to support a high visibility enforcement paid-media campaign
in the area of highway-rail grade crossing safety, and
$7,000,000 is for grants, pilot program activities, and other
innovative solutions to reduce impaired-driving fatalities.
Section 143 prohibits funds from being used to enforce
certain State Maintenance of Effort requirements under 23
U.S.C. 405.
Federal Railroad Administration
SAFETY AND OPERATIONS
The bill provides $224,198,000 for safety and operations of
the Federal Railroad Administration (FRA), of which $20,000,000
shall remain available until expended.
The agreement provides the following levels for specific
activities within this account:
------------------------------------------------------------------------
------------------------------------------------------------------------
Safe transportation of energy products.... $2,000,000
Automated track inspection program and 16,500,000
data analysis.
Railroad safety information system and up to $4,800,000
front end interface.
Positive train control support program.... up to $13,000,000
Confidential close call reporting system.. up to $3,000,000
Trespasser prevention strategy 650,000
implementation.
Highway-rail grade crossing safety........ 1,000,000
National bridge system inventory update up to $600,000
and model modification.
------------------------------------------------------------------------
Competitive Grants and Staffing.--The agreement does not
provide $1,500,000 for additional staff for the Office of
Railroad Policy and Development and does not require FRA to
submit the associated report.
Blocked Railroad Crossings.--FRA is directed to (1)
establish a website and corresponding database to collect
information on and track blocked railroad crossings and (2)
work with State and local agencies, law enforcement, railroads,
and others to examine the problem, identify trends, and develop
recommendations to reduce the number, frequency, and long
duration of blocked railroad crossings. FRA is directed to
brief the House and Senate Committees on Appropriations on its
progress on these actions within 180 days of enactment of this
Act.
RAILROAD RESEARCH AND DEVELOPMENT
The bill provides $40,600,000 for railroad research and
development, to remain available until expended. The agreement
provides $2,000,000 for the safe transportation of energy
products, including tank car research in partnership with other
Federal agencies, and $2,500,000 to improve safety practices
and training for Class II and Class III freight railroads,
including continued efforts to improve the safe transportation
of crude oil, other hazardous materials, freight, and passenger
rail. The agreement does not require FRA to provide the
feasibility report included in the House report on ``Short-line
safety.''
RAILROAD REHABILITATION AND IMPROVEMENT FINANCING PROGRAM
The bill authorizes the Secretary to issue direct loans and
loan guarantees pursuant to sections 501 through 504 of P.L.
94-210.
FEDERAL-STATE PARTNERSHIP FOR STATE OF GOOD REPAIR
The bill provides $200,000,000 for grants authorized by
section 24911 of title 49, United States Code, to remain
available until expended. The Secretary is directed to issue a
notice of funding opportunity (NOFO) for funds provided under
this heading, consistent with the requirements in the FAST Act,
no later than 180 days after enactment of this Act. The
Secretary shall review all applications received in response to
the NOFO and make awards no later than one year after enactment
of this Act.
CONSOLIDATED RAIL INFRASTRUCTURE AND SAFETY IMPROVEMENTS
The bill provides $325,000,000 for grants authorized by
section 22907 of title 49, United States Code, to remain
available until expended. Of this amount, $45,000,000 is for
projects eligible under section 22907(c)(2) of title 49, United
States Code, that require the acquisition of rights-of-way,
track, or track structure to support the development of new
intercity passenger rail service routes. The Secretary is
directed to issue a NOFO for funds provided under this heading
no later than 120 days after enactment of this Act, require
application submissions 60 days after the publication of such
NOFO, and make awards no later than 300 days after enactment of
this Act.
MAGNETIC LEVITATION TECHNOLOGY DEVELOPMENT PROGRAM
The bill provides $2,000,000 for the deployment of magnetic
levitation transportation projects, to remain available until
expended.
RESTORATION AND ENHANCEMENT
The bill provides $2,000,000 for restoration and
enhancement grants authorized by section 24408 of title 49,
United States Code, to remain available until expended.
THE NATIONAL RAILROAD PASSENGER CORPORATION (AMTRAK)
The agreement provides a total of $2,000,000,000 for
Amtrak.
Amtrak Station Agents.--The agreement directs Amtrak to
provide a station agent in each Amtrak station that had a
ticket agent position eliminated in fiscal year 2018. Amtrak is
directed to improve communication and collaboration with local
partners and take into consideration the unique needs of each
community, including impacts to local jobs, when making
decisions related to the staffing of Amtrak stations.
Amtrak Police Department.--The agreement amends the Senate
report directive requiring the Amtrak Police Department to
submit for approval a comprehensive workforce analysis and
instead directs Amtrak to submit a comprehensive workforce
analysis for the Amtrak Police Department to the House and
Senate Committees on Appropriations, within 90 days of
enactment of this Act, and to notify the Committees no less
than 60 days in advance of any restructuring of the Amtrak
Police Department workforce.
Amfleet Replacement.--The bill provides $100,000,000 to
support the acquisition of new single-level passenger equipment
in proportion to the use of this equipment for Amtrak's
Northeast Corridor, State-supported, and long-distance
services. FRA is directed to allow State acquisition costs and
on-going capital charges related to Amtrak's new fleet to be an
eligible activity in any future NOFOs for the consolidated rail
infrastructure and safety improvements and federal-state
partnership for state of good repair grant programs by
utilizing flexibilities provided in 2 CFR 200.308(d)(1) and by
working with the authorizing committees to develop a long-term
solution for future shared fleet replacement costs.
Food and Beverage.--Amtrak is directed to provide a report
to the House and Senate Committees on Appropriations, no later
than 120 days after enactment of this Act, describing the
changes initiated or implemented to food and beverage services
on board Amtrak trains that resulted in actual fiscal year 2019
savings and comparing those savings with Amtrak projections.
NORTHEAST CORRIDOR GRANTS TO THE NATIONAL RAILROAD PASSENGER
CORPORATION
The bill provides $700,000,000 for the Secretary to make
grants for activities associated with the Northeast Corridor
(NEC), defined as the main line between Boston, Massachusetts,
and the District of Columbia, and the facilities and services
used to operate and maintain the NEC line.
NATIONAL NETWORK GRANTS TO THE NATIONAL RAILROAD PASSENGER CORPORATION
The bill provides $1,300,000,000 for the Secretary to make
grants for activities associated with the National Network.
National Network grants provide operating and capital funding
for Amtrak's long-distance and State-supported routes, long-
distance routes that operate on the NEC, and other non-NEC
activities.
ADMINISTRATIVE PROVISIONS--FEDERAL RAILROAD ADMINISTRATION
Section 150 limits overtime to $35,000 per Amtrak employee
and allows Amtrak's president to waive this restriction for
specific employees for safety or operational efficiency
reasons. Amtrak's president is required to submit a report to
the House and Senate Committees on Appropriations within 60
days of enactment of this Act summarizing all overtime payments
incurred by Amtrak for calendar year 2019 and the three prior
calendar years. This summary shall include the total number of
employees receiving waivers and the total overtime payments
paid to employees receiving waivers for each month of calendar
year 2019 and the three prior calendar years.
Section 151 prohibits the use of funds provided to Amtrak
to reduce the total number of Amtrak Police Department
uniformed officers patrolling on board passenger trains or at
stations, facilities or rights-of-way below the staffing level
on May 1, 2019.
Section 152 expresses the sense of Congress that long-
distance passenger rail routes and services should be sustained
to ensure connectivity throughout the National Network.
Section 153 prohibits the use of funds made available by
this Act by Amtrak in contravention of the Worker Adjustment
and Retraining Notification Act.
Federal Transit Administration
ADMINISTRATIVE EXPENSES
The bill provides $117,000,000 for the administrative
expenses of the Federal Transit Administration (FTA), of which
$15,000,000 shall remain available until September 30, 2021 and
up to $1,000,000 shall be available for administrative expenses
related to transit asset management.
Operating Plan.--Consistent with the bill-wide directives
for operating plans and reprogramming guidelines, the agreement
requires the FTA to provide an operating plan to the House and
Senate Committees on Appropriations within 60 days of enactment
of this Act and to follow the reprogramming requirements
contained in section 405 of this Act.
TRANSIT FORMULA GRANTS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
The bill limits obligations from the mass transit account
for transit formula grants to $10,150,348,462 as authorized by
the FAST Act and provides $10,800,000,000 for the liquidation
of contract authority.
Transportation Services for Seniors and Individuals with
Disabilities.--Consistent with the FAST Act, the recommendation
provides $285,575,000 for transportation services for seniors
and individuals with disabilities.
TRANSIT INFRASTRUCTURE GRANTS
The bill provides an additional $510,000,000 in transit
infrastructure grants to remain available until expended. Of
the funds provided, $338,000,000 is available for grants for
buses and bus facilities authorized under 49 U.S.C. 5339, of
which $168,000,000 is provided for formula grants and
$170,000,000 is provided for competitive grants; $75,000,000 is
available for low or no emission grants; $40,000,000 is
available for formula grants for rural areas authorized under
49 U.S.C. 5311; $40,000,000 is available for high density State
apportionments authorized under 49 U.S.C. 5340(d); $3,000,000
is available for bus testing facilities authorized under 49
U.S.C. 5312(h); $5,500,000 is available for an innovative
mobility demonstration pilot program; and $8,500,000 is
available for areas of persistent poverty. The bill provides
funding from the general fund, and the funding is not subject
to any limitation on obligations.
Level of Grant Awards.--The agreement directs the
Department of Transportation to make discretionary grant awards
that are adequate for applicants to initiate and complete
projects. To that end, the agreement directs that awards for
competitive buses and bus facilities grants should be adequate
to enable transit agencies to purchase a bus or substantially
complete a project. For low and no emission buses, these grants
should be no less than $750,000, except at the express request
of the project sponsor.
TECHNICAL ASSISTANCE AND TRAINING
The bill provides $5,000,000 for research activities under
49 U.S.C. 5314. In addition to the directly appropriated funds,
another $9,000,000 is provided through the obligation
limitation under the heading ``Transit Formula Grants''. Of the
amounts provided, not less than $2,500,000 shall be for a
cooperative agreement for frontline workforce development and a
standards-based training initiative with a national non-profit
organization. Prior to obligating funds for the frontline
workforce development training initiative, the Administrator
shall review and approve a spend plan developed by the grantee.
Mobility for People with Disabilities and Older Adults.--
The agreement expects that of the total $14,000,000 provided
for technical assistance and training under 49 U.S.C. 5314, the
Department will continue to fund agreements that support
mobility for people with disabilities and older adults at a
level commensurate with the amounts dedicated to such
agreements in 2019.
CAPITAL INVESTMENT GRANTS
The bill provides $1,978,000,000 for fixed-guideway
projects, to remain available until September 30, 2023, and
directs the Secretary to administer the Capital Investment
Grants (CIG) program and move projects through the program to
construction in accordance with the requirements of 49 U.S.C.
5309 and section 3005(b) of the FAST Act. Of the funds
provided, $1,458,000,000 is available for new starts projects,
$300,000,000 is available for core capacity projects,
$100,000,000 is available for small starts projects,
$100,000,000 is available for the expedited project delivery
pilot program, and $20,000,000 is available for oversight
activities. The Secretary is directed to allocate
$1,681,300,000 of the amount provided for the Capital
Investment Grants program by December 31, 2021. The bill also
includes language to clarify that projects sponsors may be
concurrently eligible for both the new starts and expedited
project delivery programs.
Carryover Balances.--Balances from prior year
appropriations total $553,538,121 for small starts projects and
$648,700,000 for projects authorized under the core capacity
program. Based on information from the FTA, the agreement
expects that the carryover plus the appropriations provided
herein will fund all small starts projects expected to receive
a funding-agreement during fiscal year 2020.
Risk-assessments.--For those projects that completed risk
assessments between June 2018 and December 2019 that resulted
in increased costs for project sponsors, the agreement directs
that the FTA provide technical assistance, as appropriate, to
those projects to assist project sponsors to comply with the
revised risk standard.
Federal Share of Project Costs.--The agreement does not
include direction contained in the House report regarding the
Federal share of project costs and remains consistent with the
FAST Act on the percent of project costs that can compose the
Federal share.
GRANTS TO THE WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY
The bill provides $150,000,000 to carry out section 601 of
division B of Public Law 110- 432, to remain available until
expended.
Cybersecurity.--The agreement replaces requirements in the
House report for the procurement of Industrial Control Systems
with direction that WMATA work with the Secretary of
Transportation and the Cybersecurity and Infrastructure
Security Agency within the Department of Homeland Security to
ensure that the agency is complying with best practices for the
procurement of Industrial Control Systems.
ADMINISTRATIVE PROVISIONS--FEDERAL TRANSIT ADMINISTRATION
Section 160 exempts previously made transit obligations
from limitations on obligations.
Section 161 allows funds provided in this Act that remain
unobligated by September 30, 2023 for fixed guideway capital
investment projects to be available for projects to use the
funds for the purposes for which they were originally provided.
Section 162 allows for the transfer of appropriations made
prior to October 1, 2019, from older accounts to be merged into
new accounts with similar current activities.
Section 163 prohibits the use of funds to adjust
apportionments pursuant to 26 U.S.C. 9503(e)(4).
Section 164 permits recipients of low or no emission bus
grants to continue to partner with non-profits and companies as
part of their grant applications.
Section 165 prohibits the use of funds to impede or hinder
project advancement or approval for any project seeking a
Federal contribution from the Capital Investment Grants program
of greater than 40 percent of project costs.
Section 166 prohibits the use of funds to implement or
further new CIG policies such as those detailed in the June 29,
2018 FTA ``Dear Colleague'' letter.
Saint Lawrence Seaway Development Corporation
OPERATIONS AND MAINTENANCE
(HARBOR MAINTENANCE TRUST FUND)
The bill provides $38,000,000 for the operations,
maintenance, and capital asset renewal program activities of
the Saint Lawrence Seaway Development Corporation (SLSDC). Of
that amount, not less than $16,000,000 is provided for capital
asset renewal activities. The agreement provides $2,000,000 for
trade and economic development activities at the SLSDC, to be
carried out in conjunction with system stakeholders.
Maritime Administration
MARITIME SECURITY PROGRAM
The bill provides the authorized level of $300,000,000 for
the maritime security program, to be available until expended.
OPERATIONS AND TRAINING
(INCLUDING TRANSFER OF FUNDS)
The bill provides $152,589,000 for the Maritime
Administration's (MARAD) operations and training account.
Funding is provided in the amounts shown in the following
table:
------------------------------------------------------------------------
------------------------------------------------------------------------
USMMA Operations..................................... $80,216,000
USMMA Facilities Maintenance and Repair, Equipment... 5,225,000
MARAD Headquarters................................... 54,373,000
Marine Enviro. & Tech. Assistance.................... 3,000,000
Short Sea Transportation Program (Marine Highways)... 9,775,000
------------------
Total............................................ $152,589,000
------------------------------------------------------------------------
The agreement does not include the House directive on
``Capital planning at the United States Merchant Marine Academy
(USMMA).'' Instead, the agreement directs MARAD to conduct the
Master Installation Plan specified in the Senate report and to
comply with any planning requirements included in the National
Defense Authorization Act.
Sexual Assault and Sexual Harassment at USMMA.--The
agreement requires the Secretary to provide the annual report
required by section 3507 of Public Law 110-417 to the House and
Senate Committees on Appropriations no later than 120 days
after enactment of this Act. The agreement also directs the
Secretary to seek concurrent criminal jurisdiction over the
USMMA campus, consistent with the requirement in section 3506
of Public Law 115-232.
STATE MARITIME ACADEMY OPERATIONS
The bill provides $342,280,000 for state maritime academy
operations. Funding is provided in the amounts shown in the
following table:
------------------------------------------------------------------------
------------------------------------------------------------------------
Schoolship Maintenance and Repair..................... $30,080,000
Training Vessel Sharing........................... [8,080,000]
NSMV Program.......................................... 300,000,000
Student Incentive Program............................. 2,400,000
Fuel Assistance Payments.............................. 3,800,000
Direct Payments for SMAs.............................. 6,000,000
-----------------
Total............................................. $342,280,000
------------------------------------------------------------------------
ASSISTANCE TO SMALL SHIPYARDS
The bill provides $20,000,000 for the small shipyard grant
program, to remain available until expended.
SHIP DISPOSAL
The bill provides $5,000,000 for the ship disposal program,
to remain available until expended.
MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
The bill provides a total of $3,000,000 for administrative
expenses of the Title XI program and directs these funds to be
transferred to MARAD's operations and training account.
PORT INFRASTRUCTURE DEVELOPMENT PROGRAM
The bill provides $225,000,000, to remain available until
expended, for the port infrastructure development program. The
agreement does not include a directive included in the House
report on eligibility; instead, eligibility requirements are
enumerated in bill text.
ADMINISTRATIVE PROVISIONS--MARITIME ADMINISTRATION
Section 170 authorizes MARAD to furnish utilities and
services and to make necessary repairs in connection with any
lease, contract, or occupancy involving government property
under control of MARAD and allows payments received to be
credited to the Treasury and to remain available until
expended.
PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION
OPERATIONAL EXPENSES
The bill provides $24,215,000 for the necessary operational
expenses of the Pipeline and Hazardous Materials Safety
Administration (PHMSA), of which $1,500,000 shall remain
available until September 30, 2022. The agreement provides
$1,500,000 for the pipeline safety information grants to
communities program and up to $715,000 for regulatory staff and
contractor support to assist PHMSA in executing regulatory
actions and expediting compliance with overdue Congressional
mandates. The agreement does not direct PHMSA to issue final
rules on the Safety of Hazardous Liquid Pipelines and the
Safety of Gas Transmission and Gathering Pipelines within 180
days of enactment of this Act.
HAZARDOUS MATERIALS SAFETY
The bill provides $61,000,000 for PHMSA's hazardous
materials safety functions, of which $11,000,000 shall remain
available until September 30, 2022. The agreement provides
$1,000,000 for the community safety grant program. Funds made
available until September 30, 2022, are for long-term research
and development contracts, grants, and, in more limited scope,
contract safety programs.
Liquefied Natural Gas (LNG) by Rail.--The agreement
provides $1,000,000 for PHMSA to enter into an agreement with
the National Academies of Sciences, Engineering, and Medicine,
within 45 days of enactment of this Act, and to complete a
study through the Transportation Research Board, no later than
18 months after enactment of this Act, on the transportation of
LNG in rail tank cars. The study should inform rulemaking.
PIPELINE SAFETY
(PIPELINE SAFETY FUND)
(OIL SPILL LIABILITY TRUST FUND)
The bill provides $168,000,000 for PHMSA's pipeline safety
program, to remain available until September 30, 2022. Of that
amount, $23,000,000 is derived from the oil spill liability
trust fund, $137,000,000 is derived from the pipeline safety
fund, and $8,000,000 is derived from fees collected under 49
U.S.C. 60302 and deposited in the underground natural gas
storage facility safety account.
The agreement provides the following levels for specific
activities within this account:
------------------------------------------------------------------------
------------------------------------------------------------------------
Research and development................................ $15,000,000
State pipeline safety grants............................ 56,000,000
One-Call State grants................................... 1,058,000
State damage prevention grants.......................... 1,500,000
------------------------------------------------------------------------
LNG Facilities.--The agreement amends the House report
directive on rulemaking related to Part 193 regulations to
instead direct PHMSA to provide a minimum of 45 days for public
comment.
EMERGENCY PREPAREDNESS GRANTS
(EMERGENCY PREPAREDNESS FUND)
The bill provides an obligation limitation of $28,318,000
for emergency preparedness grants, to remain available until
September 30, 2022.
Office of Inspector General
SALARIES AND EXPENSES
The bill provides $94,600,000 for the salaries and expenses
of the Office of Inspector General.
General Provisions--Department Of Transportation
Section 180 provides authorization for the DOT to maintain
and operate aircraft, hire passenger motor vehicles and
aircraft, purchase liability insurance, buy uniforms, or
allowances therefor.
Section 181 limits appropriations for services authorized
by 5 U.S.C. 3109 up to the rate permitted for an Executive
Level IV.
Section 182 prohibits recipients of funds in this Act from
disseminating personal information obtained by State DMVs in
connection to motor vehicle records with an exception.
Section 183 prohibits funds in this Act for salaries and
expenses of more than 125 political and Presidential appointees
in the Department of Transportation.
Section 184 stipulates that revenue collected by FHWA and
FRA from States, counties, municipalities, other public
authorities, and private sources for training may be credited
to specific accounts within the agencies with an exception for
State rail safety inspectors participating in training.
Section 185 prohibits DOT from using funds to make a loan,
loan guarantee, line of credit, or discretionary grant unless
DOT gives a 3-day advance notice to the House and Senate
Committees on Appropriations. The provision requires concurrent
notice of any ``quick release'' of funds from FHWA's emergency
relief program, and prohibits notifications from involving
funds not available for obligation. The provision also requires
DOT to provide a comprehensive list of all loans, loan
guarantees, lines of credit, cooperative agreements, or
discretionary grants that will be announced with a 3-day
advance notice to the House and Senate Committees on
Appropriations.
Section 186 allows funds received from rebates, refunds,
and similar sources to be credited to appropriations of DOT.
Section 187 allows amounts from improper payments to a
third party contractor that are lawfully recovered by DOT to be
made available until expended to cover expenses incurred in the
recovery of such payments.
Section 188 requires that reprogramming actions have to be
approved or denied by the House and Senate Committees on
Appropriations, and reprogramming notifications shall be
transmitted solely to the Appropriations Committees.
Section 189 allows funds appropriated to modal
administrations to be obligated for the Office of the Secretary
for costs related to assessments only when such funds provide a
direct benefit to the modal administrations.
Section 190 authorizes the Secretary to carry out a program
that establishes uniform standards for developing and
supporting agency transit pass and transit benefits, including
distribution of transit benefits.
Section 191 allows the use of funds to assist a contract
utilizing geographic, economic, or other hiring preference not
otherwise authorized by law, only if certain requirements are
met related to availability of local labor, displacement of
existing employees, and delays in transportation plans.
Section 192 extends the authorization for certain direct
loans or loan guarantees under the Railroad Rehabilitation and
Improvement Financing program until September 30, 2020.
Section 193 directs the Secretary of Transportation to work
with the Secretary of Homeland Security to ensure that best
practices for Industrial Control Systems procurement are up to
date and that systems procured with funds provided under this
title were procured using such practices.
TITLE II--DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Management and Administration
EXECUTIVE OFFICES
The agreement provides $14,217,000 for the salaries and
expenses for executive offices, available until September 30,
2021, and directs the Secretary to provide a spend plan to the
House and Senate Committees on Appropriations that outlines how
budgetary resources will be allocated among the Offices of the
Secretary, Deputy Secretary, Adjudicatory Services,
Congressional and Intergovernmental Relations, Public Affairs,
Small and Disadvantaged Business Utilization, and the Center
for Faith-Based and Neighborhood Partnerships.
ADMINISTRATIVE SUPPORT OFFICES
The agreement provides $563,378,000 for the salaries and
expenses for administrative support offices, available until
September 30, 2021. Funds are provided as follows:
------------------------------------------------------------------------
------------------------------------------------------------------------
Office of the Chief Financial Officer................. $73,562,000
Office of the General Counsel......................... 103,916,000
Office of Administration.............................. 206,849,000
Office of the Chief Human Capital Officer............. 39,827,000
Office of Field Policy and Management................. 57,861,000
Office of the Chief Procurement Officer............... 19,445,000
Office of Departmental Equal Employment Opportunity... 4,242,000
Office of the Chief Information Officer............... 57,676,000
-----------------
Total............................................. $563,378,000
------------------------------------------------------------------------
With regards to the hiring and separations report, the
agreement does not require data on unfilled FTEs. The agreement
does not establish an Office of Credit; and while it permits
the Office of the Chief Financial Officer (OCFO) to absorb
aspects of the Office of Business Transformation, it does not
approve the reorganization of the Appropriations Liaison
Division or a broader reshaping of OCFO. The agreement directs
the Department to prioritize the hiring of 5 additional FTEs
for the Office of Disaster and Emergency Management and to
report to the Committees on implementation of this directive
within 15 days of enactment of this Act. The agreement reminds
the Department that providing timely and accurate information
and technical assistance to the House and Senate Committees on
Appropriations is an essential requirement of our
Constitutional democracy and is necessary to conduct oversight
of Federal resources and execution of Congressional direction.
PROGRAM OFFICES
The agreement provides $847,000,000 for the salaries and
expenses for program offices, available until September 30,
2021. Funds are provided as follows:
------------------------------------------------------------------------
------------------------------------------------------------------------
Office of Public and Indian Housing................... $227,000,000
Office of Community Planning and Development.......... 124,000,000
Office of Housing..................................... 384,000,000
Office of Policy Development and Research............. 28,000,000
Office of Fair Housing and Equal Opportunity.......... 75,000,000
Office of Lead Hazard Control and Healthy Homes....... 9,000,000
-----------------
Total............................................. $847,000,000
------------------------------------------------------------------------
The agreement directs the Department to prioritize hiring
and backfilling 20 additional FTEs for the Office of Public
Housing and Voucher Programs and 5 additional FTEs for the
Office of Native American Programs, both within the Office of
Public and Indian Housing (PIH), and 10 additional FTEs for the
Office of Grant Programs within the Office of Community
Planning and Development to support the community development
block grant disaster recovery grant program, and to report to
the Committees on implementation of this directive within 15
days of enactment of this Act. The agreement further directs
PIH to prioritize the hiring of FTEs for conducting or
overseeing public housing inspections and assessments.
The agreement rejects the President's budget proposal to
transfer Real Estate Assessment Center financial and physical
assessment services, including personnel, to the Working
Capital Fund, and maintains these resources within the Offices
of Public and Indian Housing, Community Planning and
Development, and Housing.
The agreement directs the Department to issue guidelines to
jurisdictions on how to assess the potential inclusion of
manufactured homes in a community's comprehensive housing and
affordability strategy and community development plans required
under part 91 of title 24, Code of Federal Regulations; instead
of similar direction included in the Senate report.
The agreement directs the Department to use a portion of
the increases for the Offices of Public and Indian Housing,
Community Planning and Development, and Housing to fulfill its
responsibilities under the Violence Against Women Act to
provide housing protections for victims of domestic violence,
dating violence, sexual assault, and stalking.
WORKING CAPITAL FUND
(INCLUDING TRANSFER OF FUNDS)
The agreement directs that, of the authorized services
within the Working Capital Fund (referred to in this paragraph
as the ``Fund''), no new activities or expansions of existing
shared service agreements may be undertaken until the
Department has hired at least one cost accountant for the Fund.
The agreement also rejects the proposal to transfer Real Estate
Assessment Center financial and physical assessment services,
including budget formulation, inspections or any other activity
not expressly permitted, to the Fund.
Public and Indian Housing
TENANT-BASED RENTAL ASSISTANCE
The bill provides $23,874,050,000 for all tenant-based
Section 8 activities under the tenant-based rental assistance
account, to remain available until expended.
The bill provides $21,502,000,000 for the renewal of
tenant-based vouchers. This amount includes funding to renew
veterans affairs supportive housing (VASH) vouchers funded in
prior years and the bill also includes an additional
$40,000,000 for incremental VASH vouchers.
The bill provides $1,000,000 for the Tribal HUD-VASH
demonstration, which in combination with unused prior year
funding, will be sufficient to fully renew new and existing
grants in fiscal year 2020 as well as accommodate program
expansion as appropriate.
In addition to the $75,000,000 that the bill provides for
tenant protection vouchers (TPVs), the account has nearly
$110,000,000 in carryover funds which makes a total of
approximately $185,000,000 available for TPVs.
With regards to the House report on the purchasing power of
vouchers, the agreement directs that the Department develop
recommendations regarding funding levels necessary to ensure
that public housing agencies (PHAs), including moving to work
(MTW) agencies, are able to continue serving a similar number
of households and to include these recommendations in the
report required by the House directive no later than 60 days
after enactment of this Act.
HOUSING CERTIFICATE FUND
(INCLUDING RESCISSIONS)
The agreement includes language allowing unobligated
balances in the housing certificate fund to be used for the
renewal of or amendments to section 8 project-based contracts
and for performance-based contract administrators.
PUBLIC HOUSING CAPITAL FUND
The bill provides $2,869,893,812 for the public housing
capital fund, to remain available until September 30, 2023. The
bill provides up to $14,000,000 for public housing financial
and physical assessment activities; up to $1,000,000 for
administrative and judicial receiverships; not to exceed
$64,650,000 for emergency capital needs, of which $34,650,000
shall be for public housing agencies under receivership or
under the control of a federal monitor which shall be awarded
based on need and shall not be subject to a cap on individual
grant award amounts and, of which not less than $10,000,000 is
for safety and security measures; and $45,000,000 for
competitive grants to public housing agencies to evaluate and
reduce lead-based paint hazards and other hazards, such as
carbon monoxide and mold, in public housing, of which
$25,000,000 is specifically for lead hazards. The agreement
provides that all PHAs, including those that are troubled,
substandard, or are under the direction of HUD, a monitor, or a
court-appointed receiver are eligible for funding for
competitive grants for both lead-based paint hazards and other
hazards, such as carbon monoxide and mold.
PUBLIC HOUSING OPERATING FUND
The bill provides $4,549,000,000 for the public housing
operating fund, to remain available until September 30, 2021.
Of this amount, $25,000,000 is available for a need-based
allocation to PHAs that experience financial insolvency.
The agreement does not include the House directives on
``Enterprise Income Verification'' (EIV). Instead, the
Department is directed to study how to utilize current
employment and income information available through payroll
data providers in upfront income verification tools within its
EIV system. The study should include cost estimates and legal
and regulatory changes required to include the data. The
Department is directed to provide a briefing to the Committees
on the results of this study within 180 days of enactment of
this Act.
CHOICE NEIGHBORHOODS INITIATIVE
The bill provides $175,000,000 for the choice neighborhoods
initiative, to remain available until September 30, 2022. Of
this amount, not less than $87,500,000 shall be made available
to PHAs and no more than $5,000,000 is available for planning
grants. The bill requires the Department to issue the notice of
funding availability within 90 days of enactment of this Act.
SELF-SUFFICIENCY PROGRAMS
The bill provides $130,000,000 for self-sufficiency
programs, to remain available until September 30, 2023. Of the
amount provided, $80,000,000 is for the family self-sufficiency
program (FSS), $35,000,000 is for the resident opportunity and
self-sufficiency program, and $15,000,000 is for the jobs plus
initiative. The agreement directs the Department to include
data on FSS participation, escrow accumulation and graduate
rates in its annual budget submission to Congress; but does not
require that the data be broken out by racial or ethnic
categories.
NATIVE AMERICAN PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
The bill restructures the major programs administered by
HUD's Office of Native American Programs into a single account,
native american programs. The bill provides a total of
$825,000,000 for these programs, to remain available until
September 30, 2024, unless otherwise specified.
The bill provides the following levels for specific
activities within this account:
------------------------------------------------------------------------
------------------------------------------------------------------------
Native American Housing Block Grants--Formula........... $646,000,000
Title VI Loan Program................................... 2,000,000
Native American Housing Block Grants--Competitive....... 100,000,000
Indian Community Development Block Grants............... 70,000,000
Training and Technical Assistance....................... 7,000,000
------------------------------------------------------------------------
INDIAN HOUSING LOAN GUARANTEE FUND PROGRAM ACCOUNT
The bill provides $1,100,000 for the cost of guaranteed
loans, to remain available until expended. The bill provides an
additional $500,000, to remain available until expended, for
administrative contract expenses to carry out the loan
guarantee program. The Secretary may subsidize a total loan
level of up to $1,000,000,000, to remain available until
expended.
NATIVE HAWAIIAN HOUSING BLOCK GRANT
The bill provides $2,000,000 for the native hawaiian
housing block grant program, to remain available until
September 30, 2024.
Community Planning and Development
HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS
The bill provides $410,000,000 for housing opportunities
for persons with AIDS program, to remain available until
September 30, 2021, except that amounts allocated pursuant to
854(c)(5) shall remain available until September 30, 2022.
COMMUNITY DEVELOPMENT FUND
The bill provides $3,425,000,000 for the community
development fund, to remain available until September 30, 2022.
Of the total, the bill provides $3,400,000,000 in formula
funding and $25,000,000 for activities authorized under section
8071 of the SUPPORT for Patients and Communities Act.
COMMUNITY DEVELOPMENT LOAN GUARANTEES PROGRAM ACCOUNT
The bill provides the authority to collect fees from
borrowers adequate to result in a subsidy cost of zero. The
bill also provides an aggregate limitation on commitments of no
more than $300,000,000 for loan guarantees under section 108.
HOME INVESTMENT PARTNERSHIPS PROGRAM
The bill provides $1,350,000,000, to remain available until
September 30, 2023, for the HOME investment partnerships
program. The agreement urges the Department and grantees to
fully utilize funds designated for community housing
development organizations in a timely manner.
SELF-HELP AND ASSISTED HOMEOWNERSHIP OPPORTUNITY PROGRAM
The bill provides a total of $55,000,000 to remain
available until September 30, 2022. Within this amount,
$10,000,000 is available for the self-help homeownership
opportunity program; $36,000,000 for the second, third, and
fourth capacity building activities authorized under section
4(a) of the HUD Demonstration Act of 1993, of which not less
than $5,000,000 shall be for rural capacity building
activities; $5,000,000 for capacity building activities by
national organizations with expertise in rural development; and
$4,000,000 for a program to rehabilitate and modify homes of
disabled or low-income veterans as authorized under section
1079 of Public Law 113-291.
HOMELESS ASSISTANCE GRANTS
The bill provides $2,777,000,000, to remain available until
September 30, 2022, for homeless assistance grants. Funding is
provided in the amounts shown in the following table:
------------------------------------------------------------------------
------------------------------------------------------------------------
Continuum of care and rural housing not less than $2,350,000,000
stability assistance.
Emergency solutions grants................ not less than $290,000,000
Projects to assist survivors of domestic up to $50,000,000
violence, dating violence, sexual assault
or stalking.
National homeless data analysis project... up to $7,000,000
Comprehensive approach to serving homeless up to $80,000,000
youth.
Technical assistance.................. [up to $10,000,000]
-----------------------------
Total............................. $2,777,000,000
------------------------------------------------------------------------
Housing Programs
PROJECT-BASED RENTAL ASSISTANCE
The bill provides $12,570,000,000 for project-based rental
assistance activities, to remain available until expended,
including $12,170,000,000 to be available on October 1, 2019
and an advance appropriation of $400,000,000 to be available on
October 1, 2020. Of the total, not more than $345,000,000 is
for performance-based contract administrators.
HOUSING FOR THE ELDERLY
The agreement provides $793,000,000 for the Section 202
program, to remain available until September 30, 2023, of which
up to $100,000,000 shall be for service coordinators and the
continuation of existing congregate service grants, and
$10,000,000 shall be for the aging in place home modification
grant program. It also includes $90,000,000 for new capital
advance and project rental assistance contracts.
HOUSING FOR PERSONS WITH DISABILITIES
The agreement provides $202,000,000 for the Section 811
program, to remain available until September 30, 2023. This
includes $40,000,000 for new capital advance and project rental
assistance awards.
HOUSING COUNSELING ASSISTANCE
The bill provides $53,000,000 for housing counseling
assistance, to remain available until September 30, 2021. This
includes up to $4,500,000 for administrative contract services
and up to $3,000,000 for the certification of housing
counselors. The agreement directs HUD to produce a report
detailing its work to improve eviction prevention efforts and
augment the services of housing counselors within 120 days of
enactment of this Act.
RENTAL HOUSING ASSISTANCE
The agreement provides $3,000,000 for the rental housing
assistance program and allows the Department to use funds,
including unobligated balances and recaptured amounts, for one-
year contract extensions.
PAYMENT TO MANUFACTURED HOUSING FEES TRUST FUND
The agreement provides $13,000,000 for the manufactured
housing standards programs, of which $13,000,000 is to be
derived from fees collected and deposited in the manufactured
housing fees trust fund.
Federal Housing Administration
MUTUAL MORTGAGE INSURANCE PROGRAM ACCOUNT
The agreement sets a limit of $400,000,000,000 on
commitments to guarantee single-family loans and $130,000,000
for administrative contract expenses, which shall be available
until September 30, 2021.
GENERAL AND SPECIAL RISK PROGRAM ACCOUNT
The agreement sets a $30,000,000,000 limit on multifamily
and specialized loan guarantees and provides that such
commitment authority shall be available until September 30,
2021.
Government National Mortgage Association
GUARANTEES OF MORTGAGE-BACKED SECURITIES LOAN GUARANTEE PROGRAM ACCOUNT
The agreement sets a limit of up to $550,000,000,000 for
new commitments and provides $30,500,000 for salaries and
expenses for the government national mortgage association,
which shall be available until September 30, 2021.
Policy Development and Research
RESEARCH AND TECHNOLOGY
The bill provides $98,000,000 for research and technology
activities and technical assistance, to remain available until
September 30, 2021. The agreement includes $54,375,000 for core
research and technology including: market surveys, research
support and dissemination, data acquisition, housing finance
studies, research partnerships, housing technology, up to
$500,000 for innovation activities, up to $500,000 for
expanding the use of United States Postal Service data, and up
to $3,375,000 for cooperative agreements and research
partnerships with Historically Black Colleges and Universities.
The agreement includes not less than $29,875,000 under this
heading for technical assistance, of which $2,375,000 shall be
for targeted technical assistance to PHAs under the direction
of a federal monitor, and of which $2,500,000 shall be
available on a competitive basis to non-profit or private
sector organizations to provide technical assistance to
distressed cities or regions, including those that have been
impacted by a natural disaster.
The agreement includes up to $13,750,000 for critical
research, demonstrations, and evaluations, including:
$1,500,000 for an assessment of public housing
capital needs;
$2,500,000 for housing discrimination study 2020,
including studying discrimination faced by Limited English
Proficiency (LEP) individuals;
$500,000 for a collaboration with the Centers for
Medicare and Medicaid Services on how Medicare and Medicaid
funds can be used to support programs that use affordable
senior housing as a platform for coordinating health, wellness,
and supportive services and programs to help older adults
remain healthy, age in their community, and reduce their use of
costly health care services;
$500,000 for a study of alternative methods for
calculating Fair Market Rents in rental markets with rapidly
rising rents;
$750,000 for a study on the Impact of RAD on
children in assisted households; and
New funding for: the MTW expansion study; family
options study; long term tracking of the family self-
sufficiency program; the study on housing search assistance for
people with disabilities; and a study on competitive evaluation
grants to assess the impact of the community development block
grant program and HOME eligible activities.
The agreement directs HUD to include recommendations on
research related to evictions prevention or expanding access to
rental opportunities as part of its fiscal year 2021 budget
request.
Fair Housing and Equal Opportunity
FAIR HOUSING ACTIVITIES
The bill provides $70,300,000 for fair housing activities,
to remain available until September 30, 2021. This includes
$44,950,000 for the fair housing initiatives program (FHIP),
$23,500,000 for the fair housing assistance program, $1,500,000
for the National Fair Housing Training Academy, and $350,000
for translated materials. Of the funds available for FHIP, not
less than $7,850,000 is for education and outreach programs,
and not less than $750,000 is for fair housing organization
initiatives. The agreement requires that grants be awarded
within 180 days of enactment of this Act, and directs that any
outstanding fiscal year 2019 FHIP grants be awarded no later
than 90 days after enactment of this Act.
Office of Lead Hazard Control and Healthy Homes
LEAD HAZARD REDUCTION
The bill provides $290,000,000 for lead hazard control and
healthy homes programs, to remain available until September 30,
2022. Of the amount provided, $50,000,000 is available for the
healthy homes initiative; not less than $95,000,000 is
available for lead-based paint hazard reduction in
jurisdictions with the highest lead-based paint abatement
needs; and $64,000,000 shall be for projects to demonstrate the
effectiveness of intensive, multi-year interventions in
reducing lead-based paint hazards.
Of the funds provided for the healthy homes initiative,
$5,000,000 shall be used to establish pilot projects in up to
five communities served by both healthy homes and the
Department of Energy weatherization assistance program (WAP).
The Department is directed to give priority consideration to
applicants with experience in partnering with WAP. The
agreement also directs HUD to collect information on the
benefits of coordinating with the Department of Energy,
evaluate if improved health outcomes are achieved, and provide
information on the replicability and sustainability of these
models to the Committees on Appropriations on an annual basis.
The agreement does not direct the Secretary to establish a
pilot program or take action on public water systems. The
Committee encourages HUD to cooperate with the Environmental
Protection Agency on efforts to ensure that all HUD-assisted
and low-income housing residents have access to housing that is
free of lead and other contaminants.
The agreement directs HUD to emphasize fall prevention and
management strategies, along with its other efforts and mission
to improve home safety and reduce incidences of asthma, mold,
pests and radon through the healthy homes initiative.
Information Technology Fund
The agreement provides $280,000,000 for the information
technology fund, of which $260,000,000 is available until
September 30, 2021, and $20,000,000 is available until
September 30, 2022.
Office of Inspector General
The bill provides $138,200,000 for the salaries and
expenses of the Office of Inspector General. Within this
amount, $10,000,000 is available until September 30, 2021, to
procure an independent external auditor(s) for the fiscal year
2020 and subsequent financial statements, including the
financial statements of FHA and GNMA.
General Provisions--Department of Housing and Urban Development
(INCLUDING TRANSFER OF FUNDS)
(INCLUDING RESCISSIONS)
Section 201 splits overpayments evenly between Treasury and
State HFAs.
Section 202 prohibits funds from being used to investigate
or prosecute lawful activities under the Fair Housing Act.
Section 203 requires any grant or cooperative agreement to
be made on a competitive basis, unless otherwise provided, in
accordance with Section 102 of the Department of Housing and
Urban Development Reform Act of 1989.
Section 204 relates to the availability of funds for
services and facilities for GSEs and others subject to the
Government Corporation Control Act and the Housing Act of 1950.
Section 205 prohibits the use of funds in excess of the
budget estimates, unless provided otherwise.
Section 206 relates to the expenditure of funds for
corporations and agencies subject to the Government Corporation
Control Act.
Section 207 requires the Secretary to provide quarterly
reports on uncommitted, unobligated, recaptured, and excess
funds in each departmental program and activity.
Section 208 exempts GNMA from certain requirements of the
Federal Credit Reform Act of 1990.
Section 209 authorizes HUD to transfer debt and use
agreements from an obsolete project to a viable project,
provided that no additional costs are incurred and other
conditions are met.
Section 210 sets forth requirements for Section 8 voucher
assistance eligibility, and includes consideration for persons
with disabilities.
Section 211 distributes Native American Housing Block
Grants to the same Native Alaskan recipients as in fiscal year
2005.
Section 212 instructs HUD on managing and disposing of any
multifamily property that is owned or held by HUD.
Section 213 allows PHAs that own and operate 400 or fewer
units of public housing to be exempt from asset management
requirements.
Section 214 restricts the Secretary from imposing any
requirements or guidelines relating to asset management that
restrict or limit the use of capital funds for central office
costs, up to the limits established in law.
Section 215 requires that no employee of the Department
shall be designated as an allotment holder unless the CFO
determines that such employee has received certain training.
Section 216 requires the Secretary to publish all notices
of funding availability that are competitively awarded on the
internet for fiscal year 2020.
Section 217 requires attorney fees for programmatic
litigation to be paid from the individual program office and
Office of General Counsel salaries and expenses appropriations,
and requires the Department to submit a spend plan to the House
and Senate Committees on Appropriations.
Section 218 allows the Secretary to transfer up to 10
percent of funds or $5,000,000, whichever is less, appropriated
under the headings ``Administrative Support Offices'' or
``Program Offices'' to any other office funded under such
headings.
Section 219 requires HUD to take certain actions against
owners receiving rental subsidies that do not maintain safe
properties.
Section 220 places a salary and bonus limit on public
housing agency officials and employees.
Section 221 requires the Secretary to notify the House and
Senate Committees on Appropriations at least 3 full business
days before grant awards are announced.
Section 222 prohibits funds to be used to require or
enforce the Physical Needs Assessment (PNA).
Section 223 prohibits funds for HUD financing of mortgages
for properties that have been subject to eminent domain.
Section 224 prohibits the use of funds to terminate the
status of a unit of general local government as a metropolitan
city with respect to grants under section 106 of the Housing
and Community Development Act of 1974.
Section 225 allows funding for research, evaluation, and
statistical purposes that is unexpended at the time of
completion of the contract, grant, or cooperative agreement to
be reobligated for additional research.
Section 226 prohibits funds for financial awards for
employees subject to administrative discipline.
Section 227 authorizes the Secretary on a limited basis to
use funds available under the ``Homeless Assistance Grants''
heading to participate in the multiagency performance
partnership pilots program for fiscal year 2020.
Section 228 allows program income as an eligible match for
2015, 2016, 2017, 2018, 2019, and 2020 continuum of care funds.
Section 229 permits HUD to provide one year transition
grants under the continuum of care program.
Section 230 prohibits the use of funds to direct a grantee
to undertake specific changes to existing zoning laws as part
of carrying out the final rule entitled, ``Affirmatively
Furthering Fair Housing'' or the notice entitled,
``Affirmatively Further Fair Housing Assessment Tool''.
Section 231 specifies authorized uses of and conditions for
recaptured funds under the ``Homeless Assistance Grants''
heading.
Section 232 maintains current promise zone designations and
agreements.
Section 233 prohibits funds from being used to establish
review criteria, including rating factors or preference points,
for competitive grants programs for envision center
participation or coordination.
Section 234 requires the Department to make data for
broadband and resiliency requirements to be incorporated into
Consolidated Plans available to grantees, and for grantees to
incorporate broadband and resiliency components into their
Consolidated Plans.
Section 235 prohibits funds from being used to make changes
to the Annual Contributions Contract that was in effect on
December 31, 2017.
Section 236 prohibits funds from being used to make funding
decisions for FSS based on performance metrics.
Section 237 rescinds unobligated balances from various
accounts.
Section 238 addresses the establishment of reserves for
public housing agencies designated as Moving to Work agencies.
Section 239 prohibits funds from being used to make certain
eligibility limitations as part of a notice of funding
availability for competitive grant awards under the Public
Housing Capital Fund.
TITLE III--RELATED AGENCIES
Access Board
SALARIES AND EXPENSES
The bill provides $9,200,000 for salaries and expenses,
including $800,000 for activities authorized under section 432
of P.L. 115-254.
Federal Maritime Commission
SALARIES AND EXPENSES
The bill provides $28,000,000 for the salaries and expenses
of the Federal Maritime Commission, of which not more than
$2,000 shall be available for official reception and
representation expenses. Of the funds provided, up to $487,159
is available for the Office of Inspector General.
National Railroad Passenger Corporation Office of Inspector General
SALARIES AND EXPENSES
The bill provides $24,274,000 for the salaries and expenses
of the National Railroad Passenger Corporation Office of
Inspector General.
National Transportation Safety Board
SALARIES AND EXPENSES
The bill provides $110,400,000 for the salaries and
expenses of the National Transportation Safety Board.
Neighborhood Reinvestment Corporation
PAYMENT TO THE NEIGHBORHOOD REINVESTMENT CORPORATION
The bill provides $158,500,000 for the Neighborhood
Reinvestment Corporation, of which $5,000,000 shall be for a
multi-family rental housing program. Within the total, the bill
provides $1,000,000, to remain available until September 30,
2023, for the promotion and development of shared equity
housing models.
Surface Transportation Board
SALARIES AND EXPENSES
The bill provides $37,100,000 for salaries and expenses.
The bill permits the collection of up to $1,250,000 in user
fees to be credited to that appropriation and provides that the
general fund appropriation be reduced on a dollar-for-dollar
basis by the actual amount collected in user fees to result in
a final appropriation from the general fund estimated at no
more than $35,850,000.
United States Interagency Council on Homelessness
OPERATING EXPENSES
The bill provides $3,800,000, to remain available until
September 30, 2021, for operating expenses of the United States
Interagency Council on Homelessness.
TITLE IV--GENERAL PROVISIONS--THIS ACT
Section 401 prohibits the use of funds 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.
Section 402 prohibits the obligation of funds beyond the
current fiscal year and the transfer of funds to other
appropriations, unless expressly provided.
Section 403 limits consulting service expenditures through
procurement contracts to those contracts contained in the
public record, except where otherwise provided under existing
law.
Section 404 prohibits funds from being used for certain
types of employee training.
Section 405 specifies requirements for the reprogramming of
funds and requires agencies to submit a report in order to
establish the baseline for the application of reprogramming and
transfer authorities.
Section 406 provides that not to exceed 50 percent of
unobligated balances for salaries and expenses may remain
available until September 30, 2021, for each account for the
purposes authorized, subject to the approval of the House and
Senate Committees on Appropriations.
Section 407 prohibits the use of funds for any project that
seeks to use the power of eminent domain, unless eminent domain
is employed only for a public use.
Section 408 prohibits funds from being transferred to any
department, agency, or instrumentality of the U.S. Government,
except where transfer authority is provided in this or any
other appropriations Act.
Section 409 prohibits funds from being used to permanently
replace an employee intent on returning to his or her past
occupation following completion of military service.
Section 410 prohibits funds from being used by an entity
unless the expenditure is in compliance with the Buy American
Act.
Section 411 prohibits funds from being made available to
any person or entity that has been convicted of violating the
Buy American Act.
Section 412 prohibits funds from being used for first-class
airline accommodations in contravention of sections 301
0910.122 and 301 0910.123 of title 41 CFR.
Section 413 prohibits funds from being used for the
approval of a new foreign air carrier permit or exemption
application if that approval would contravene United States law
or Article 17 bis of the U.S.-E.U.-Iceland-Norway Air Transport
Agreement.
Section 414 restricts the number of employees that agencies
may send to international conferences unless such attendance is
important to the national interest.
Section 415 caps the amount of fees the Surface
Transportation Board can charge or collect for rate or practice
complaints filed at the amount authorized for district court
civil suit filing fees.
Section 416 prohibits the use of funds to purchase or lease
new light-duty vehicles for any executive fleet or fleet
inventory, except in accordance with Presidential Memorandum-
Federal Fleet Performance, dated May 24, 2011.
Section 417 prohibits funds from being used to maintain or
establish computer networks unless such networks block the
viewing, downloading, or exchange of pornography.
Section 418 prohibits funds from being used to deny an
Inspector General timely access to any records, documents, or
other materials available to the department or agency over
which that Inspector General has responsibilities, or to
prevent or impede that Inspector General's access to such
records, documents, or other materials.
Section 419 prohibits funds to be used to pay award or
incentive fees for contractors whose performance is below
satisfactory, behind schedule, over budget, or failed to meet
requirements of the contract, with exceptions.
Section 420 provides that any reference to ``this Act''
contained in this division shall only apply to provisions in
this division.
Section 421 prohibits funds from being used in
contravention of 49 U.S.C. 5309(d)(2).
Section 422 prohibits funds from being used to issue rules
or guidance in contravention of section 1210 of P.L. 115-254 or
section 312 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act.
Section 423 prohibits funds from being used in
contravention of section 2635.702 of title 5 CFR.
Section 424 rescinds certain general fund highway
unobligated balances.
Section 425 exempts the Wendell H. Ford (Western Kentucky)
Parkway from certain weight limits in 23 U.S.C. 127 and would
designate the Parkway as a High-Priority Corridor.
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