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H.R.1865 - Further Consolidated Appropriations Act, 2020
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HR1865
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[116th Congress Public Law 94]
[From the U.S. Government Publishing Office]
[[Page 2533]]
FURTHER CONSOLIDATED
APPROPRIATIONS ACT, 2020
[[Page 133 STAT. 2534]]
Public Law 116-94
116th Congress
An Act
Making further consolidated appropriations for the fiscal year ending
September 30, 2020, and for other purposes. <<NOTE: Dec. 20,
2019 - [H.R. 1865]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Further
Consolidated Appropriations Act, 2020.>>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Further Consolidated Appropriations
Act, 2020''.
SEC. 2. TABLE OF CONTENTS.
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
Sec. 4. Explanatory statement.
Sec. 5. Statement of appropriations.
Sec. 6. Availability of funds.
Sec. 7. Adjustments to compensation.
Sec. 8 Office of Management and Budget Reporting Requirements.
DIVISION A--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND
EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2020
Title I--Department of Labor
Title II--Department of Health and Human Services
Title III--Department of Education
Title IV--Related Agencies
Title V--General Provisions
DIVISION B--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2020
Title I--Agricultural Programs
Title II--Farm Production and Conservation Programs
Title III--Rural Development Programs
Title IV--Domestic Food Programs
Title V--Foreign Assistance and Related Programs
Title VI--Related Agencies and Food and Drug Administration
Title VII--General Provisions
DIVISION C--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES
APPROPRIATIONS ACT, 2020
Title I--Corps of Engineers--Civil
Title II--Department of the Interior
Title III--Department of Energy
Title IV--Independent Agencies
Title V--General Provisions
DIVISION D--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2020
Title I--Department of the Interior
Title II--Environmental Protection Agency
Title III--Related Agencies
[[Page 133 STAT. 2535]]
Title IV--General Provisions
DIVISION E--LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2020
Title I--Legislative Branch
Title II--General Provisions
DIVISION F--MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2020
Title I--Department of Defense
Title II--Department of Veterans Affairs
Title III--Related Agencies
Title IV--Overseas Contingency Operations
Title V--Natural Disaster Relief
Title VI--General Provisions
DIVISION G--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED
PROGRAMS APPROPRIATIONS ACT, 2020
Title I--Department of State and Related Agency
Title II--United States Agency for International Development
Title III--Bilateral Economic Assistance
Title IV--International Security Assistance
Title V--Multilateral Assistance
Title VI--Export and Investment Assistance
Title VII--General Provisions
DIVISION H--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2020
Title I--Department of Transportation
Title II--Department of Housing and Urban Development
Title III--Related Agencies
Title IV--General Provisions--This Act
DIVISION I--EXTENSIONS
Title I--Immigration Extensions
Title II--National Flood Insurance Program Extension
Title III--Secure Rural Schools and Community Self-Determination
Extension
Title IV--Export-Import Bank Extension
Title V--Terrorism Risk Insurance Program Extension
Title VI--NASA Enhanced Use Leasing Extension
Title VII--INKSNA Extension
Title VIII--Brand USA Extension
Title IX--DC Opportunity Scholarship Extensions
Title X--Budgetary Effects
DIVISION J--FOREIGN POLICY
DIVISION K--NATIONAL LAW ENFORCEMENT MUSEUM COMMEMORATIVE COIN
DIVISION L--DHS CYBER HUNT AND INCIDENT RESPONSE TEAMS
DIVISION M--BIPARTISAN AMERICAN MINERS
DIVISION N--HEALTH AND HUMAN SERVICES EXTENDERS
DIVISION O--SETTING EVERY COMMUNITY UP FOR RETIREMENT ENHANCEMENT
DIVISION P--OTHER MATTER
Title I--Platte River Recovery Implementation Program
Title II--Great Lakes
Title III--Morris K. Udall and Stewart L. Udall Foundation
Title IV--White Horse Hill National Game Preserve
Title V--Pittman-Robertson Fund
Title VI--John F. Kennedy Center
Title VII--Preserving America's Battlefields
Title VIII--Veterans Affairs Report on Disability Compensation and the
Positive Association With Exposure to an Herbicide Agent
Title IX--Disaster Recovery Workforce
Title X--Television Viewer Protection
[[Page 133 STAT. 2536]]
Title XI--Eligibility to Receive Signals Under a Distant-Signal
Satellite License
Title XII--Groundfish Trawl Fishery
Title XIII--Temporary Relief from Certain ERISA Requirements
Title XIV--Library of Congress Technical Corrections
Title XV--Senate Entities
Title XVI--Legislative Branch Inspectors General Independence
Title XVII--Managing Political Fund Activity
Title XVIII--Kentucky Wildlands National Heritage Area Study
Title XIX--International Bank for Reconstruction and Development
Title XX--European Energy Security and Diversification Act of 2019
DIVISION Q--REVENUE PROVISIONS
SEC. 3. <<NOTE: 1 USC 1 note.>> REFERENCES.
Except as expressly provided otherwise, any reference to ``this
Act'' contained in any division of this Act shall be treated as
referring only to the provisions of that division.
SEC. 4. EXPLANATORY STATEMENT.
The explanatory statement regarding this Act, printed in the House
section of the Congressional Record on or about December 17, 2019, and
submitted by the Chairwoman of the Committee on Appropriations of the
House, shall have the same effect with respect to the allocation of
funds and implementation of divisions A through H of this Act as if it
were a joint explanatory statement of a committee of conference.
SEC. 5. STATEMENT OF APPROPRIATIONS.
The following sums in this Act are appropriated, out of any money in
the Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2020.
SEC. 6. <<NOTE: President.>> AVAILABILITY OF FUNDS.
(a) Each amount designated in this Act by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985 shall be
available (or rescinded, if applicable) only if the President
subsequently so designates all such amounts and transmits such
designations to the Congress.
(b) Each amount designated in this Act by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control
Act of 1985 shall be available (or rescinded, if applicable) only if the
President subsequently so designates all such amounts and transmits such
designations to the Congress.
SEC. 7. <<NOTE: 2 USC 4501 note.>> ADJUSTMENTS TO COMPENSATION.
Notwithstanding any other provision of law, no adjustment shall be
made under section 601(a) of the Legislative Reorganization Act of 1946
(2 U.S.C. 4501) (relating to cost of living adjustments for Members of
Congress) during fiscal year 2020.
SEC. 8. OFFICE OF MANAGEMENT AND BUDGET REPORTING REQUIREMENTS.
(a) As of the date of enactment of this Act, section 150 of the
Continuing Appropriations Act, 2020 (division A of Public Law 116-59),
as added by the Further Continuing Appropriations Act, 2020 (division A
of Public Law 116-69), shall no longer have any force or effect.
(b) <<NOTE: Estimates.>> Notwithstanding the ``7 calendar days''
requirement in section 251(a)(7)(B) of the Balanced Budget and Emergency
Deficit
[[Page 133 STAT. 2537]]
Control Act of 1985 (2 U.S.C. 901(a)(7)(B)), for any appropriations Act
for fiscal year 2020 enacted before January 1, 2020, the Office of
Management and Budget shall transmit to the Congress its report under
that section estimating the discretionary budgetary effects of such Acts
not later than January 15, 2020.
DIVISION A-- <<NOTE: Departments of Labor, Health and Human Services,
and Education, and Related Agencies Appropriations Act,
2020.>> DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION,
AND RELATED AGENCIES APPROPRIATIONS ACT, 2020
TITLE I <<NOTE: Department of Labor Appropriations Act, 2020.>>
DEPARTMENT OF LABOR <<NOTE: Time periods.>>
Employment and Training Administration
training and employment services
For necessary expenses of the Workforce Innovation and Opportunity
Act (referred to in this Act as ``WIOA'') and the National
Apprenticeship Act, $3,611,200,000, plus reimbursements, shall be
available. Of the amounts provided:
(1) <<NOTE: Grants. State and local governments.>> for
grants to States for adult employment and training activities,
youth activities, and dislocated worker employment and training
activities, $2,819,832,000 as follows:
(A) $854,649,000 for adult employment and training
activities, of which $142,649,000 shall be available for
the period July 1, 2020 through June 30, 2021, and of
which $712,000,000 shall be available for the period
October 1, 2020 through June 30, 2021;
(B) $913,130,000 for youth activities, which shall
be available for the period April 1, 2020 through June
30, 2021; and
(C) $1,052,053,000 for dislocated worker employment
and training activities, of which $192,053,000 shall be
available for the period July 1, 2020 through June 30,
2021, and of which $860,000,000 shall be available for
the period October 1, 2020 through June 30, 2021:
Provided, That the funds available for allotment to outlying
areas to carry out subtitle B of title I of the WIOA shall not
be subject to the requirements of section 127(b)(1)(B)(ii) of
such Act; and
(2) for national programs, $791,368,000 as follows:
(A) $270,859,000 for the dislocated workers
assistance national reserve, of which $70,859,000 shall
be available for the period July 1, 2020 through
September 30, 2021, and of which $200,000,000 shall be
available for the period October 1, 2020 through
September 30, 2021: Provided,
That <<NOTE: Coordination.>> funds provided to carry
out section 132(a)(2)(A) of the WIOA may be used to
provide assistance to a State for statewide or local use
in order to address cases where there have been worker
dislocations across multiple sectors or across multiple
local areas and such workers remain dislocated;
coordinate the State workforce development plan with
emerging economic development needs; and train such
eligible dislocated workers: Provided further, That
funds provided to carry out sections 168(b) and 169(c)
of
[[Page 133 STAT. 2538]]
the WIOA may be used for technical assistance and
demonstration projects, respectively, that provide
assistance to new entrants in the workforce and
incumbent workers: Provided further, That
notwithstanding section 168(b) of the WIOA, of the funds
provided under this subparagraph, the Secretary of Labor
(referred to in this title as ``Secretary'') may reserve
not more than 10 percent of such funds to provide
technical assistance and carry out additional activities
related to the transition to the WIOA: Provided
further, That of the funds provided under this
subparagraph, $70,000,000 shall be for training and
employment assistance under sections 168(b), 169(c)
(notwithstanding the 10 percent limitation in such
section) and 170 of the WIOA as follows:
(i) $30,000,000 shall be for workers in the
Appalachian region, as defined by 40 U.S.C.
14102(a)(1) and workers in the Lower Mississippi,
as defined in section 4(2) of the Delta
Development Act (Public Law 100-460, 102 Stat.
2246; 7 U.S.C. 2009aa(2));
(ii) $40,000,000 shall be for the purpose of
developing, offering, or improving educational or
career training programs at community colleges,
defined as public institutions of higher
education, as described in section 101(a) of the
Higher Education Act and at which the associate's
degree is primarily the highest degree awarded,
with other eligible institutions of higher
education, as defined in section 101(a) of the
Higher Education Act, eligible to participate
through consortia, with community colleges as the
lead grantee:
Provided, <<NOTE: Requirements.>> That the
Secretary shall follow the requirements for the
program in House Report 116-62: Provided
further, <<NOTE: Grants.>> That any grant funds
used for apprenticeships shall be used to support
only apprenticeship programs registered under the
National Apprenticeship Act and as referred to in
section 3(7)(B) of the Workforce Innovation and
Opportunity Act;
(B) $55,000,000 for Native American programs under
section 166 of the WIOA, which shall be available for
the period July 1, 2020 through June 30, 2021;
(C) <<NOTE: Grants.>> $91,896,000 for migrant and
seasonal farmworker programs under section 167 of the
WIOA, including $85,229,000 for formula grants (of which
not less than 70 percent shall be for employment and
training services), $6,122,000 for migrant and seasonal
housing (of which not less than 70 percent shall be for
permanent housing), and $545,000 for other discretionary
purposes, which shall be available for the period April
1, 2020 through June 30, 2021: Provided, That
notwithstanding any other provision of law or related
regulation, the Department of Labor shall take no action
limiting the number or proportion of eligible
participants receiving related assistance services or
discouraging grantees from providing such services;
(D) $94,534,000 for YouthBuild activities as
described in section 171 of the WIOA, which shall be
available for the period April 1, 2020 through June 30,
2021;
[[Page 133 STAT. 2539]]
(E) $98,079,000 for ex-offender activities, under
the authority of section 169 of the WIOA, which shall be
available for the period April 1, 2020 through June 30,
2021: Provided, <<NOTE: Grants.>> That of this amount,
$25,000,000 shall be for competitive grants to national
and regional intermediaries for activities that prepare
young ex-offenders and school dropouts for employment,
with a priority for projects serving high-crime, high-
poverty areas;
(F) $6,000,000 for the Workforce Data Quality
Initiative, under the authority of section 169 of the
WIOA, which shall be available for the period July 1,
2020 through June 30, 2021; and
(G) $175,000,000 to expand opportunities through
apprenticeships only registered under the National
Apprenticeship Act and as referred to in section 3(7)(B)
of the WIOA, to be available to the Secretary to carry
out activities through grants, cooperative agreements,
contracts and other arrangements, with States and other
appropriate entities, which shall be available for the
period July 1, 2020 through June 30, 2021.
job corps
(including transfer of funds)
To carry out subtitle C of title I of the WIOA, including Federal
administrative expenses, the purchase and hire of passenger motor
vehicles, the construction, alteration, and repairs of buildings and
other facilities, and the purchase of real property for training centers
as authorized by the WIOA, $1,743,655,000, plus reimbursements, as
follows:
(1) $1,603,325,000 for Job Corps Operations, which shall be
available for the period July 1, 2020 through June 30, 2021;
(2) $108,000,000 for construction, rehabilitation and
acquisition of Job Corps Centers, which shall be available for
the period July 1, 2020 through June 30, 2023, and which may
include the acquisition, maintenance, and repair of major items
of equipment: Provided, That the Secretary may transfer up to
15 percent of such funds to meet the operational needs of such
centers or to achieve administrative efficiencies: Provided
further, <<NOTE: Termination date.>> That any funds transferred
pursuant to the preceding provision shall not be available for
obligation after June 30, 2021: Provided
further, <<NOTE: Notification.>> That the Committees on
Appropriations of the House of Representatives and the Senate
are notified at least 15 days in advance of any transfer; and
(3) $32,330,000 for necessary expenses of Job Corps, which
shall be available for obligation for the period October 1, 2019
through September 30, 2020:
Provided, That no funds from any other appropriation shall be used to
provide meal services at or for Job Corps centers.
community service employment for older americans
To carry out title V of the Older Americans Act of 1965 (referred to
in this Act as ``OAA''), $405,000,000, which shall be available for the
period April 1, 2020 through June 30, 2021, and may
[[Page 133 STAT. 2540]]
be recaptured and reobligated in accordance with section 517(c) of the
OAA.
federal unemployment benefits and allowances
For payments during fiscal year 2020 of trade adjustment benefit
payments and allowances under part I of subchapter B of chapter 2 of
title II of the Trade Act of 1974, and section 246 of that Act; and for
training, employment and case management services, allowances for job
search and relocation, and related State administrative expenses under
part II of subchapter B of chapter 2 of title II of the Trade Act of
1974, and including benefit payments, allowances, training, employment
and case management services, and related State administration provided
pursuant to section 231(a) of the Trade Adjustment Assistance Extension
Act of 2011 and section 405(a) of the Trade Preferences Extension Act of
2015, $680,000,000 together with such amounts as may be necessary to be
charged to the subsequent appropriation for payments for any period
subsequent to September 15, 2020: Provided, That notwithstanding
section 502 of this Act, any part of the appropriation provided under
this heading may remain available for obligation beyond the current
fiscal year pursuant to the authorities of section 245(c) of the Trade
Act of 1974 (19 U.S.C. 2317(c)).
state unemployment insurance and employment service operations
For authorized administrative expenses, $84,066,000, together with
not to exceed $3,290,583,000 which may be expended from the Employment
Security Administration Account in the Unemployment Trust Fund (``the
Trust Fund''), of which:
(1) <<NOTE: Grants.>> $2,540,816,000 from the Trust Fund is
for grants to States for the administration of State
unemployment insurance laws as authorized under title III of the
Social Security Act (including not less than $175,000,000 to
carry out reemployment services and eligibility assessments
under section 306 of such Act, any claimants of regular
compensation, as defined in such section, including those who
are profiled as most likely to exhaust their benefits, may be
eligible for such services and assessments: Provided, That of
such amount, $117,000,000 is specified for grants under section
306 of the Social Security Act and is provided to meet the terms
of section 251(b)(2)(E)(ii) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, and $58,000,000 is
additional new budget authority specified for purposes of
section 251(b)(2)(E)(i)(II) of such Act; and $9,000,000 for
continued support of the Unemployment Insurance Integrity Center
of Excellence), the administration of unemployment insurance for
Federal employees and for ex-service members as authorized under
5 U.S.C. 8501-8523, and the administration of trade readjustment
allowances, reemployment trade adjustment assistance, and
alternative trade adjustment assistance under the Trade Act of
1974 and under section 231(a) of the Trade Adjustment Assistance
Extension Act of 2011 and section 405(a) of the Trade
Preferences Extension Act of 2015, and shall be available for
obligation by the States through December 31, 2020, except that
funds used for automation shall be available for Federal
obligation through December 31, 2020, and for State obligation
[[Page 133 STAT. 2541]]
through September 30, 2022, or, if the automation is being
carried out through consortia of States, for State obligation
through September 30, 2026, and for expenditure through
September 30, 2027, and funds for competitive grants awarded to
States for improved operations and to conduct in-person
reemployment and eligibility assessments and unemployment
insurance improper payment reviews and provide reemployment
services and referrals to training, as appropriate, shall be
available for Federal obligation through December 31, 2020, and
for obligation by the States through September 30, 2022, and
funds for the Unemployment Insurance Integrity Center of
Excellence shall be available for obligation by the State
through September 30, 2021, and funds used for unemployment
insurance workloads experienced through September 30, 2020 shall
be available for Federal obligation through December 31, 2020;
(2) $12,000,000 from the Trust Fund is for national
activities necessary to support the administration of the
Federal-State unemployment insurance system;
(3) <<NOTE: Grants.>> $646,639,000 from the Trust Fund,
together with $21,413,000 from the General Fund of the Treasury,
is for grants to States in accordance with section 6 of the
Wagner-Peyser Act, and shall be available for Federal obligation
for the period July 1, 2020 through June 30, 2021;
(4) $22,318,000 from the Trust Fund is for national
activities of the Employment Service, including administration
of the work opportunity tax credit under section 51 of the
Internal Revenue Code of 1986, and the provision of technical
assistance and staff training under the Wagner-Peyser Act;
(5) $68,810,000 from the Trust Fund is for the
administration of foreign labor certifications and related
activities under the Immigration and Nationality Act and related
laws, of which $54,528,000 shall be available for the Federal
administration of such activities, and $14,282,000 shall be
available for grants to States for the administration of such
activities; and
(6) $62,653,000 from the General Fund is to provide
workforce information, national electronic tools, and one-stop
system building under the Wagner-Peyser Act and shall be
available for Federal obligation for the period July 1, 2020
through June 30, 2021:
Provided, That to the extent that the Average Weekly Insured
Unemployment (``AWIU'') for fiscal year 2020 is projected by the
Department of Labor to exceed 1,706,000, an additional $28,600,000 from
the Trust Fund shall be available for obligation for every 100,000
increase in the AWIU level (including a pro rata amount for any
increment less than 100,000) to carry out title III of the Social
Security Act: Provided further, That funds appropriated in this Act
that are allotted to a State to carry out activities under title III of
the Social Security Act may be used by such State to assist other States
in carrying out activities under such title III if the other States
include areas that have suffered a major disaster declared by the
President under the Robert T. Stafford Disaster Relief and Emergency
Assistance Act: Provided further, That the Secretary may use funds
appropriated for grants to States under title III of the Social Security
Act to make payments on behalf of States for the use of the National
Directory of New Hires under section 453(j)(8) of such Act: Provided
further, That
[[Page 133 STAT. 2542]]
the Secretary may use funds appropriated for grants to States under
title III of the Social Security Act to make payments on behalf of
States to the entity operating the State Information Data Exchange
System: Provided further, That funds appropriated in this Act which are
used to establish a national one-stop career center system, or which are
used to support the national activities of the Federal-State
unemployment insurance, employment service, or immigration programs, may
be obligated in contracts, grants, or agreements with States and non-
State entities: Provided further, That States awarded competitive
grants for improved operations under title III of the Social Security
Act, or awarded grants to support the national activities of the
Federal-State unemployment insurance system, may award subgrants to
other States and non-State entities under such grants, subject to the
conditions applicable to the grants: Provided further, That funds
appropriated under this Act for activities authorized under title III of
the Social Security Act and the Wagner-Peyser Act may be used by States
to fund integrated Unemployment Insurance and Employment Service
automation efforts, notwithstanding cost allocation principles
prescribed under the final rule entitled ``Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal
Awards'' at part 200 of title 2, Code of Federal Regulations: Provided
further, That the Secretary, at the request of a State participating in
a consortium with other States, may reallot funds allotted to such State
under title III of the Social Security Act to other States participating
in the consortium or to the entity operating the Unemployment Insurance
Information Technology Support Center in order to carry out activities
that benefit the administration of the unemployment compensation law of
the State making the request: Provided further, That the Secretary may
collect fees for the costs associated with additional data collection,
analyses, and reporting services relating to the National Agricultural
Workers Survey requested by State and local governments, public and
private institutions of higher education, and nonprofit organizations
and may utilize such sums, in accordance with the provisions of 29
U.S.C. 9a, for the National Agricultural Workers Survey infrastructure,
methodology, and data to meet the information collection and reporting
needs of such entities, which shall be credited to this appropriation
and shall remain available until September 30, 2021, for such purposes.
advances to the unemployment trust fund and other funds
For repayable advances to the Unemployment Trust Fund as authorized
by sections 905(d) and 1203 of the Social Security Act, and to the Black
Lung Disability Trust Fund as authorized by section 9501(c)(1) of the
Internal Revenue Code of 1986; and for nonrepayable advances to the
revolving fund established by section 901(e) of the Social Security Act,
to the Unemployment Trust Fund as authorized by 5 U.S.C. 8509, and to
the ``Federal Unemployment Benefits and Allowances'' account, such sums
as may be necessary, which shall be available for obligation through
September 30, 2021.
program administration
For expenses of administering employment and training programs,
$108,674,000, together with not to exceed $49,982,000 which
[[Page 133 STAT. 2543]]
may be expended from the Employment Security Administration Account in
the Unemployment Trust Fund.
Employee Benefits Security Administration
salaries and expenses
For necessary expenses for the Employee Benefits Security
Administration, $181,000,000, of which up to $3,000,000 shall be made
available through September 30, 2021, for the procurement of expert
witnesses for enforcement litigation.
Pension Benefit Guaranty Corporation
pension benefit guaranty corporation fund
The <<NOTE: Contracts.>> Pension Benefit Guaranty Corporation
(``Corporation'') is authorized to make such expenditures, including
financial assistance authorized by subtitle E of title IV of the
Employee Retirement Income Security Act of 1974, within limits of funds
and borrowing authority available to the Corporation, and in accord with
law, and to make such contracts and commitments without regard to fiscal
year limitations, as provided by 31 U.S.C. 9104, as may be necessary in
carrying out the program, including associated administrative expenses,
through September 30, 2020, for the Corporation: Provided, That none of
the funds available to the Corporation for fiscal year 2020 shall be
available for obligations for administrative expenses in excess of
$452,858,000: Provided further, That to the extent that the number of
new plan participants in plans terminated by the Corporation exceeds
100,000 in fiscal year 2020, an amount not to exceed an additional
$9,200,000 shall be available through September 30, 2024, for
obligations for administrative expenses for every 20,000 additional
terminated participants: Provided <<NOTE: Notification.>> further, That
obligations in excess of the amounts provided for administrative
expenses in this paragraph may be incurred and shall be available
through September 30, 2024 for obligation for unforeseen and
extraordinary pre-termination or termination expenses or extraordinary
multiemployer program related expenses after approval by the Office of
Management and Budget and notification of the Committees on
Appropriations of the House of Representatives and the Senate: Provided
further, That an additional amount shall be available for obligation
through September 30, 2024 to the extent the Corporation's costs exceed
$250,000 for the provision of credit or identity monitoring to affected
individuals upon suffering a security incident or privacy breach, not to
exceed an additional $100 per affected individual.
Wage and Hour Division
salaries and expenses
For necessary expenses for the Wage and Hour Division, including
reimbursement to State, Federal, and local agencies and their employees
for inspection services rendered, $242,000,000.
[[Page 133 STAT. 2544]]
Office of Labor-Management Standards
salaries and expenses
For necessary expenses for the Office of Labor-Management Standards,
$43,187,000.
Office of Federal Contract Compliance Programs
salaries and expenses
For necessary expenses for the Office of Federal Contract Compliance
Programs, $105,976,000.
Office of Workers' Compensation Programs
salaries and expenses
For necessary expenses for the Office of Workers' Compensation
Programs, $115,424,000, together with $2,177,000 which may be expended
from the Special Fund in accordance with sections 39(c), 44(d), and
44(j) of the Longshore and Harbor Workers' Compensation Act.
special benefits
(including transfer of funds)
For the payment of compensation, benefits, and expenses (except
administrative expenses) accruing during the current or any prior fiscal
year authorized by 5 U.S.C. 81; continuation of benefits as provided for
under the heading ``Civilian War Benefits'' in the Federal Security
Agency Appropriation Act, 1947; the Employees' Compensation Commission
Appropriation Act, 1944; section 5(f) of the War Claims Act (50 U.S.C.
App. 2012); obligations incurred under the War Hazards Compensation Act
(42 U.S.C. 1701 et seq.); and 50 percent of the additional compensation
and benefits required by section 10(h) of the Longshore and Harbor
Workers' Compensation Act, $234,600,000, together with such amounts as
may be necessary to be charged to the subsequent year appropriation for
the payment of compensation and other benefits for any period subsequent
to August 15 of the current year, for deposit into and to assume the
attributes of the Employees' Compensation Fund established under 5
U.S.C. 8147(a): Provided, That <<NOTE: Reimbursement.>> amounts
appropriated may be used under 5 U.S.C. 8104 by the Secretary to
reimburse an employer, who is not the employer at the time of injury,
for portions of the salary of a re-employed, disabled beneficiary:
Provided further, That balances of reimbursements unobligated on
September 30, 2019, shall remain available until expended for the
payment of compensation, benefits, and expenses: Provided
further, <<NOTE: Determination.>> That in addition there shall be
transferred to this appropriation from the Postal Service and from any
other corporation or instrumentality required under 5 U.S.C. 8147(c) to
pay an amount for its fair share of the cost of administration, such
sums as the Secretary determines to be the cost of administration for
employees of such fair share entities through September 30, 2020:
Provided further, That of those funds transferred to this account from
the fair share entities to pay the cost of administration
[[Page 133 STAT. 2545]]
of the Federal Employees' Compensation Act, $74,777,000 shall be made
available to the Secretary as follows:
(1) For enhancement and maintenance of automated data
processing systems operations and telecommunications systems,
$24,540,000;
(2) For automated workload processing operations, including
document imaging, centralized mail intake, and medical bill
processing, $22,968,000;
(3) For periodic roll disability management and medical
review, $25,535,000;
(4) For program integrity, $1,734,000; and
(5) The remaining funds shall be paid into the Treasury as
miscellaneous receipts:
Provided further, That the Secretary may require that any person
filing a notice of injury or a claim for benefits under 5 U.S.C. 81, or
the Longshore and Harbor Workers' Compensation Act, provide as part of
such notice and claim, such identifying information (including Social
Security account number) as such regulations may prescribe.
special benefits for disabled coal miners
For carrying out title IV of the Federal Mine Safety and Health Act
of 1977, as amended by Public Law 107-275, $20,970,000, to remain
available until expended.
For making after July 31 of the current fiscal year, benefit
payments to individuals under title IV of such Act, for costs incurred
in the current fiscal year, such amounts as may be necessary.
For making benefit payments under title IV for the first quarter of
fiscal year 2021, $14,000,000, to remain available until expended.
administrative expenses, energy employees occupational illness
compensation fund
For necessary expenses to administer the Energy Employees
Occupational Illness Compensation Program Act, $59,846,000, to remain
available until expended: Provided, That the Secretary may require that
any person filing a claim for benefits under the Act provide as part of
such claim such identifying information (including Social Security
account number) as may be prescribed.
black lung disability trust fund
(including transfer of funds)
Such <<NOTE: 26 USC 9501 note.>> sums as may be necessary from the
Black Lung Disability Trust Fund (the ``Fund''), to remain available
until expended, for payment of all benefits authorized by section
9501(d)(1), (2), (6), and (7) of the Internal Revenue Code of 1986; and
repayment of, and payment of interest on advances, as authorized by
section 9501(d)(4) of that Act. In addition, the following amounts may
be expended from the Fund for fiscal year 2020 for expenses of operation
and administration of the Black Lung Benefits program, as authorized by
section 9501(d)(5): not to exceed $38,246,000 for transfer to the Office
of Workers' Compensation Programs, ``Salaries and Expenses''; not to
exceed $32,844,000 for transfer to Departmental Management, ``Salaries
and Expenses''; not to exceed $330,000 for transfer to Departmental
Management, ``Office of
[[Page 133 STAT. 2546]]
Inspector General''; and not to exceed $356,000 for payments into
miscellaneous receipts for the expenses of the Department of the
Treasury.
Occupational Safety and Health Administration
salaries and expenses
For <<NOTE: Grants. State and local governments.>> necessary
expenses for the Occupational Safety and Health Administration,
$581,787,000, including not to exceed $108,575,000 which shall be the
maximum amount available for grants to States under section 23(g) of the
Occupational Safety and Health Act (the ``Act''), which grants shall be
no less than 50 percent of the costs of State occupational safety and
health programs required to be incurred under plans approved by the
Secretary under section 18 of the Act; and, in addition, notwithstanding
31 U.S.C. 3302, the Occupational Safety and Health Administration may
retain up to $499,000 per fiscal year of training institute course
tuition and fees, otherwise authorized by law to be collected, and may
utilize such sums for occupational safety and health training and
education: <<NOTE: Fees.>> Provided, That notwithstanding 31 U.S.C.
3302, the Secretary is authorized, during the fiscal year ending
September 30, 2020, to collect and retain fees for services provided to
Nationally Recognized Testing Laboratories, and may utilize such sums,
in accordance with the provisions of 29 U.S.C. 9a, to administer
national and international laboratory recognition programs that ensure
the safety of equipment and products used by workers in the workplace:
Provided further, <<NOTE: Farms and farming.>> That none of the funds
appropriated under this paragraph shall be obligated or expended to
prescribe, issue, administer, or enforce any standard, rule, regulation,
or order under the Act which is applicable to any person who is engaged
in a farming operation which does not maintain a temporary labor camp
and employs 10 or fewer employees: Provided further, <<NOTE: Small
businesses.>> That no funds appropriated under this paragraph shall be
obligated or expended to administer or enforce any standard, rule,
regulation, or order under the Act with respect to any employer of 10 or
fewer employees who is included within a category having a Days Away,
Restricted, or Transferred (``DART'') occupational injury and illness
rate, at the most precise industrial classification code for which such
data are published, less than the national average rate as such rates
are most recently published by the Secretary, acting through the Bureau
of Labor Statistics, in accordance with section 24 of the Act, except--
(1) to provide, as authorized by the Act, consultation,
technical assistance, educational and training services, and to
conduct surveys and studies;
(2) to conduct an inspection or investigation in response to
an employee complaint, to issue a citation for violations found
during such inspection, and to assess a penalty for violations
which are not corrected within a reasonable abatement period and
for any willful violations found;
(3) to take any action authorized by the Act with respect to
imminent dangers;
(4) to take any action authorized by the Act with respect to
health hazards;
(5) to take any action authorized by the Act with respect to
a report of an employment accident which is fatal to one
[[Page 133 STAT. 2547]]
or more employees or which results in hospitalization of two or
more employees, and to take any action pursuant to such
investigation authorized by the Act; and
(6) to take any action authorized by the Act with respect to
complaints of discrimination against employees for exercising
rights under the Act:
Provided further, <<NOTE: Grants. Time period.>> That the foregoing
proviso shall not apply to any person who is engaged in a farming
operation which does not maintain a temporary labor camp and employs 10
or fewer employees: Provided further, That $11,537,000 shall be
available for Susan Harwood training grants, of which not less than
$4,500,000 is for Susan Harwood Training Capacity Building Developmental
grants, as described in Funding Opportunity Number SHTG-FY-16-02
(referenced in the notice of availability of funds published in the
Federal Register on May 3, 2016 (81 Fed. Reg. 30568)) for program
activities starting not later than September 30, 2020 and lasting for a
period of 12 months: Provided further, That not less than $3,500,000
shall be for Voluntary Protection Programs.
Mine Safety and Health Administration
salaries and expenses
For necessary expenses for the Mine Safety and Health
Administration, $379,816,000, including purchase and bestowal of
certificates and trophies in connection with mine rescue and first-aid
work, and the hire of passenger motor vehicles, including up to
$2,000,000 for mine rescue and recovery activities and not less than
$10,537,000 for State assistance grants: Provided, That notwithstanding
31 U.S.C. 3302, not to exceed $750,000 may be collected by the National
Mine Health and Safety Academy for room, board, tuition, and the sale of
training materials, otherwise authorized by law to be collected, to be
available for mine safety and health education and training activities:
Provided <<NOTE: 30 USC 966 note.>> further, That notwithstanding 31
U.S.C. 3302, the Mine Safety and Health Administration is authorized to
collect and retain up to $2,499,000 from fees collected for the approval
and certification of equipment, materials, and explosives for use in
mines, and may utilize such sums for such activities: <<NOTE: 30 USC
962.>> Provided further, That the Secretary is authorized to accept
lands, buildings, equipment, and other contributions from public and
private sources and to prosecute projects in cooperation with other
agencies, Federal, State, or private: Provided further, That <<NOTE: 30
USC 962.>> the Mine Safety and Health Administration is authorized to
promote health and safety education and training in the mining community
through cooperative programs with States, industry, and
safety <<NOTE: 30 USC 962.>> associations: Provided further, That the
Secretary is authorized to recognize the Joseph A. Holmes Safety
Association as a principal safety association and, notwithstanding any
other provision of law, may provide funds and, with or without
reimbursement, personnel, including service of Mine Safety and Health
Administration officials as officers in local chapters or in the
national organization: <<NOTE: 30 USC 962.>> Provided further, That
any funds available to the Department of Labor may be used, with the
approval of the Secretary, to provide for the costs of mine rescue and
survival operations in the event of a major disaster.
[[Page 133 STAT. 2548]]
Bureau of Labor Statistics
salaries and expenses
For necessary expenses for the Bureau of Labor Statistics, including
advances or reimbursements to State, Federal, and local agencies and
their employees for services rendered, $587,000,000, together with not
to exceed $68,000,000 which may be expended from the Employment Security
Administration account in the Unemployment Trust Fund.
Within this amount, $27,000,000 to remain available until September
30, 2024, for costs associated with the physical move of the Bureau of
Labor Statistics' headquarters, including replication of space,
furniture, fixtures, equipment, and related costs, as well as relocation
of the data center to a shared facility.
Office of Disability Employment Policy
salaries and expenses
For necessary expenses for the Office of Disability Employment
Policy to provide leadership, develop policy and initiatives, and award
grants furthering the objective of eliminating barriers to the training
and employment of people with disabilities, $38,500,000.
Departmental Management
salaries and expenses
(including transfer of funds)
For necessary expenses for Departmental Management, including the
hire of three passenger motor vehicles, $348,056,000, together with not
to exceed $308,000, which may be expended from the Employment Security
Administration account in the Unemployment Trust Fund: Provided, That
$67,325,000 for the Bureau of International Labor Affairs shall be
available for obligation through December 31, 2020: Provided further,
That funds available to the Bureau of International Labor Affairs may be
used to administer or operate international labor activities, bilateral
and multilateral technical assistance, and microfinance programs, by or
through contracts, grants, subgrants and other arrangements: Provided
further, That not more than $53,825,000 shall be for programs to combat
exploitative child labor internationally and not less than $13,500,000
shall be used to implement model programs that address worker rights
issues through technical assistance in countries with which the United
States has free trade agreements or trade preference programs: Provided
further, That $8,040,000 shall be used for program evaluation and shall
be available for obligation through September 30, 2021: Provided
further, That funds available for program evaluation may be used to
administer grants for the purpose of evaluation: Provided further, That
grants made for the purpose of evaluation shall be awarded through fair
and open competition: Provided further, That funds available for
program evaluation may be transferred to any other appropriate account
in the Department for such purpose: Provided further,
[[Page 133 STAT. 2549]]
That the <<NOTE: Notification.>> Committees on Appropriations of the
House of Representatives and the Senate are notified at least 15 days in
advance of any transfer: Provided further, That the funds available to
the Women's Bureau may be used for grants to serve and promote the
interests of women in the workforce:
Provided <<NOTE: Grants.>> further, That of the amounts made available
to the Women's Bureau, not less than $1,294,000 shall be used for grants
authorized by the Women in Apprenticeship and Nontraditional Occupations
Act.
veterans employment and training
Not to exceed $256,341,000 may be derived from the Employment
Security Administration account in the Unemployment Trust Fund to carry
out the provisions of chapters 41, 42, and 43 of title 38, United States
Code, of which:
(1) <<NOTE: Grants.>> $180,000,000 is for Jobs for Veterans
State grants under 38 U.S.C. 4102A(b)(5) to support disabled
veterans' outreach program specialists under section 4103A of
such title and local veterans' employment representatives under
section 4104(b) of such title, and for the expenses described in
section 4102A(b)(5)(C), which shall be available for obligation
by the States through December 31, 2020, and not to exceed 3
percent for the necessary Federal expenditures for data systems
and contract support to allow for the tracking of participant
and performance information: Provided, That, in addition, such
funds may be used to support such specialists and
representatives in the provision of services to transitioning
members of the Armed Forces who have participated in the
Transition Assistance Program and have been identified as in
need of intensive services, to members of the Armed Forces who
are wounded, ill, or injured and receiving treatment in military
treatment facilities or warrior transition units, and to the
spouses or other family caregivers of such wounded, ill, or
injured members;
(2) $29,379,000 is for carrying out the Transition
Assistance Program under 38 U.S.C. 4113 and 10 U.S.C. 1144;
(3) $43,548,000 is for Federal administration of chapters
41, 42, and 43 of title 38, and sections 2021, 2021A and 2023 of
title 38, United States Code: Provided, That, up to $500,000
may be used to carry out the Hire VETS Act (division O of Public
Law 115-31); and
(4) $3,414,000 is for the National Veterans' Employment and
Training Services Institute under 38 U.S.C. 4109:
Provided, That the Secretary may reallocate among the appropriations
provided under paragraphs (1) through (4) above an amount not to exceed
3 percent of the appropriation from which such reallocation is made.
In addition, from the General Fund of the Treasury, $55,000,000 is
for carrying out programs to assist homeless veterans and veterans at
risk of homelessness who are transitioning from certain institutions
under sections 2021, 2021A, and 2023 of title 38, United States Code:
Provided, That notwithstanding subsections (c)(3) and (d) of section
2023, the Secretary may award grants through September 30, 2020, to
provide services under such section: Provided further, <<NOTE: Time
periods.>> That services provided under sections 2021 or under 2021A may
include, in addition to services to homeless veterans described in
section 2002(a)(1), services to veterans who were
[[Page 133 STAT. 2550]]
homeless at some point within the 60 days prior to program entry or
veterans who are at risk of homelessness within the next 60 days, and
that services provided under section 2023 may include, in addition to
services to the individuals described in subsection (e) of such section,
services to veterans recently released from incarceration who are at
risk of homelessness: Provided further, That notwithstanding paragraph
(3) under this heading, funds appropriated in this paragraph may be used
for data systems and contract support to allow for the tracking of
participant and performance information: Provided further, That
notwithstanding sections 2021(e)(2) and 2021A(f)(2) of title 38, United
States Code, such funds shall be available for expenditure pursuant to
31 U.S.C. 1553.
In addition, <<NOTE: Fees.>> fees may be assessed and deposited in
the HIRE Vets Medallion Award Fund pursuant to section 5(b) of the HIRE
Vets Act, and such amounts shall be available to the Secretary to carry
out the HIRE Vets Medallion Award Program, as authorized by such Act,
and shall remain available until expended: Provided, That such sums
shall be in addition to any other funds available for such purposes,
including funds available under paragraph (3) of this heading: Provided
further, That section 2(d) of division O of the Consolidated
Appropriations Act, 2017 (Public Law 115-31; 38 U.S.C. 4100 note) shall
not apply.
it modernization
For necessary expenses for Department of Labor centralized
infrastructure technology investment activities related to support
systems and modernization, $25,269,000, which shall be available through
September 30, 2021.
office of inspector general
For salaries and expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$85,187,000, together with not to exceed $5,660,000 which may be
expended from the Employment Security Administration account in the
Unemployment Trust Fund.
General Provisions
Sec. 101. None of the funds appropriated by this Act for the Job
Corps shall be used to pay the salary and bonuses of an individual,
either as direct costs or any proration as an indirect cost, at a rate
in excess of Executive Level II.
(transfer of funds)
Sec. 102. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control Act of
1985) which are appropriated for the current fiscal year for the
Department of Labor in this Act may be transferred between a program,
project, or activity, but no such program, project, or activity shall be
increased by more than 3 percent by any such transfer: Provided, That
the transfer authority granted by this section shall not be used to
create any new program or to fund any project or activity for which no
funds are provided in this Act: Provided
further, <<NOTE: Notification.>> That the Committees on Appropriations
of
[[Page 133 STAT. 2551]]
the House of Representatives and the Senate are notified at least 15
days in advance of any transfer.
Sec. 103. <<NOTE: Child labor.>> In accordance with Executive
Order 13126, none of the funds appropriated or otherwise made available
pursuant to this Act shall be obligated or expended for the procurement
of goods mined, produced, manufactured, or harvested or services
rendered, in whole or in part, by forced or indentured child labor in
industries and host countries already identified by the United States
Department of Labor prior to enactment of this Act.
Sec. 104. Except as otherwise provided in this section, none of the
funds made available to the Department of Labor for grants under section
414(c) of the American Competitiveness and Workforce Improvement Act of
1998 (29 U.S.C. 2916a) may be used for any purpose other than
competitive grants for training individuals who are older than 16 years
of age and are not currently enrolled in school within a local
educational agency in the occupations and industries for which employers
are using H-1B visas to hire foreign workers, and the related activities
necessary to support such training.
Sec. 105. None of the funds made available by this Act under the
heading ``Employment and Training Administration'' shall be used by a
recipient or subrecipient of such funds to pay the salary and bonuses of
an individual, either as direct costs or indirect costs, at a rate in
excess of Executive Level II. This limitation shall not apply to vendors
providing goods and services as defined in Office of Management and
Budget Circular A-133. Where States are recipients of such funds, States
may establish a lower limit for salaries and bonuses of those receiving
salaries and bonuses from subrecipients of such funds, taking into
account factors including the relative cost-of-living in the State, the
compensation levels for comparable State or local government employees,
and the size of the organizations that administer Federal programs
involved including Employment and Training Administration programs.
(transfer of funds)
Sec. 106. (a) Notwithstanding section 102, the Secretary may
transfer funds made available to the Employment and Training
Administration by this Act, either directly or through a set-aside, for
technical assistance services to grantees to ``Program Administration''
when it is determined that those services will be more efficiently
performed by Federal employees: Provided, That this section shall not
apply to section 171 of the WIOA.
(b) Notwithstanding section 102, the Secretary may transfer not more
than 0.5 percent of each discretionary appropriation made available to
the Employment and Training Administration by this Act to ``Program
Administration'' in order to carry out program integrity activities
relating to any of the programs or activities that are funded under any
such discretionary appropriations: Provided, That notwithstanding
section 102 and the preceding proviso, the Secretary may transfer not
more than 0.5 percent of funds made available in paragraphs (1) and (2)
of the ``Office of Job Corps'' account to paragraph (3) of such account
to carry out program integrity activities related to the Job Corps
program: Provided further, That funds transferred under the authority
provided by
[[Page 133 STAT. 2552]]
this subsection shall be available for obligation through September 30,
2021.
(transfer of funds)
Sec. 107. (a) <<NOTE: Evaluations.>> The Secretary may reserve not
more than 0.75 percent from each appropriation made available in this
Act identified in subsection (b) in order to carry out evaluations of
any of the programs or activities that are funded under such accounts.
Any funds reserved under this section shall be transferred to
``Departmental Management'' for use by the Office of the Chief
Evaluation Officer within the Department of Labor, and shall be
available for obligation through September 30, 2021: <<NOTE: Plan.>>
Provided, That such funds shall only be available if the Chief
Evaluation Officer of the Department of Labor submits a plan to the
Committees on Appropriations of the House of Representatives and the
Senate describing the evaluations to be carried out 15 days in advance
of any transfer.
(b) The accounts referred to in subsection (a) are: ``Training and
Employment Services'', ``Job Corps'', ``Community Service Employment for
Older Americans'', ``State Unemployment Insurance and Employment Service
Operations'', ``Employee Benefits Security Administration'', ``Office of
Workers' Compensation Programs'', ``Wage and Hour Division'', ``Office
of Federal Contract Compliance Programs'', ``Office of Labor Management
Standards'', ``Occupational Safety and Health Administration'', ``Mine
Safety and Health Administration'', ``Office of Disability Employment
Policy'', funding made available to the ``Bureau of International Labor
Affairs'' and ``Women's Bureau'' within the ``Departmental Management,
Salaries and Expenses'' account, and ``Veterans Employment and
Training''.
Sec. 108. <<NOTE: Applicability.>> (a) Section 7 of the Fair Labor
Standards Act of 1938 (29 U.S.C. 207) shall be applied as if the
following text is part of such section:
``(s)(1) <<NOTE: Time period.>> The provisions of this section
shall not apply for a period of 2 years after the occurrence of a major
disaster to any employee--
``(A) employed to adjust or evaluate claims resulting from
or relating to such major disaster, by an employer not engaged,
directly or through an affiliate, in underwriting, selling, or
marketing property, casualty, or liability insurance policies or
contracts;
``(B) who receives from such employer on average weekly
compensation of not less than $591.00 per week or any minimum
weekly amount established by the Secretary, whichever is
greater, for the number of weeks such employee is engaged in any
of the activities described in subparagraph (C); and
``(C) whose duties include any of the following:
``(i) interviewing insured individuals, individuals
who suffered injuries or other damages or losses arising
from or relating to a disaster, witnesses, or
physicians;
``(ii) inspecting property damage or reviewing
factual information to prepare damage estimates;
``(iii) evaluating and making recommendations
regarding coverage or compensability of claims or
determining liability or value aspects of claims;
``(iv) negotiating settlements; or
``(v) making recommendations regarding litigation.
[[Page 133 STAT. 2553]]
``(2) The exemption in this subsection shall not affect the
exemption provided by section 13(a)(1).
``(3) <<NOTE: Definitions.>> For purposes of this subsection--
``(A) the term `major disaster' means any disaster or
catastrophe declared or designated by any State or Federal
agency or department;
``(B) the term `employee employed to adjust or evaluate
claims resulting from or relating to such major disaster' means
an individual who timely secured or secures a license required
by applicable law to engage in and perform the activities
described in clauses (i) through (v) of paragraph (1)(C)
relating to a major disaster, and is employed by an employer
that maintains worker compensation insurance coverage or
protection for its employees, if required by applicable law, and
withholds applicable Federal, State, and local income and
payroll taxes from the wages, salaries and any benefits of such
employees; and
``(C) the term `affiliate' means a company that, by reason
of ownership or control of 25 percent or more of the outstanding
shares of any class of voting securities of one or more
companies, directly or indirectly, controls, is controlled by,
or is under common control with, another company.''.
(b) <<NOTE: Effective date.>> This section shall be effective on
the date of enactment of this Act.
Sec. 109. (a) Flexibility With Respect to the Crossing of H-2B
Nonimmigrants Working in the Seafood Industry.--
(1) <<NOTE: Time period. Effective date.>> In general.--
Subject to paragraph (2), if a petition for H-2B nonimmigrants
filed by an employer in the seafood industry is granted, the
employer may bring the nonimmigrants described in the petition
into the United States at any time during the 120-day period
beginning on the start date for which the employer is seeking
the services of the nonimmigrants without filing another
petition.
(2) <<NOTE: Time period.>> Requirements for crossings after
90th day.--An employer in the seafood industry may not bring H-
2B nonimmigrants into the United States after the date that is
90 days after the start date for which the employer is seeking
the services of the nonimmigrants unless the employer--
(A) <<NOTE: Assessment.>> completes a new
assessment of the local labor market by--
(i) listing job orders in local newspapers on
2 separate Sundays; and
(ii) posting the job opportunity on the
appropriate Department of Labor Electronic Job
Registry and at the employer's place of
employment; and
(B) offers the job to an equally or better qualified
United States worker who--
(i) applies for the job; and
(ii) will be available at the time and place
of need.
(3) Exemption from rules with respect to staggering.--The
Secretary of Labor shall not consider an employer in the seafood
industry who brings H-2B nonimmigrants into the United States
during the 120-day period specified in paragraph (1) to be
staggering the date of need in violation of section 655.20(d) of
title 20, Code of Federal Regulations, or any other applicable
provision of law.
[[Page 133 STAT. 2554]]
(b) H-2B Nonimmigrants Defined.--In this section, the term ``H-2B
nonimmigrants'' means aliens admitted to the United States pursuant to
section 101(a)(15)(H)(ii)(B) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)(H)(ii)(B)).
Sec. 110. <<NOTE: Determinations. Wages.>> The determination of
prevailing wage for the purposes of the H-2B program shall be the
greater of--(1) the actual wage level paid by the employer to other
employees with similar experience and qualifications for such position
in the same location; or (2) the prevailing wage level for the
occupational classification of the position in the geographic area in
which the H-2B nonimmigrant will be employed, based on the best
information available at the time of filing the
petition. <<NOTE: Surveys.>> In the determination of prevailing wage
for the purposes of the H-2B program, the Secretary shall accept private
wage surveys even in instances where Occupational Employment Statistics
survey data are available unless the Secretary determines that the
methodology and data in the provided survey are not statistically
supported.
Sec. 111. None of the funds in this Act shall be used to enforce
the definition of corresponding employment found in 20 CFR 655.5 or the
three-fourths guarantee rule definition found in 20 CFR 655.20, or any
references thereto. Further, for the purpose of regulating admission of
temporary workers under the H-2B program, the definition of temporary
need shall be that provided in 8 CFR 214.2(h)(6)(ii)(B).
Sec. 112. Notwithstanding any other provision of law, the Secretary
may furnish through grants, cooperative agreements, contracts, and other
arrangements, up to $2,000,000 of excess personal property, at a value
determined by the Secretary, to apprenticeship programs for the purpose
of training apprentices in those programs.
Sec. 113. <<NOTE: Applicability.>> (a) The Act entitled ``An Act to
create a Department of Labor'', approved March 4, 1913 (37 Stat. 736,
chapter 141) shall be applied as if the following text is part of such
Act:
``SEC. 12. SECURITY DETAIL.
``(a) In General.--The Secretary of Labor is authorized to employ
law enforcement officers or special agents to--
``(1) provide protection for the Secretary of Labor during
the workday of the Secretary and during any activity that is
preliminary or postliminary to the performance of official
duties by the Secretary;
``(2) provide protection, incidental to the protection
provided to the Secretary, to a member of the immediate family
of the Secretary who is participating in an activity or event
relating to the official duties of the Secretary;
``(3) <<NOTE: Guidelines.>> provide continuous protection
to the Secretary (including during periods not described in
paragraph (1)) and to the members of the immediate family of the
Secretary if there is a unique and articulable threat of
physical harm, in accordance with guidelines established by the
Secretary; and
``(4) <<NOTE: Guidelines.>> provide protection to the
Deputy Secretary of Labor or another senior officer representing
the Secretary of Labor at a public event if there is a unique
and articulable threat of physical harm, in accordance with
guidelines established by the Secretary.
``(b) Authorities.--The Secretary of Labor may authorize a law
enforcement officer or special agent employed under subsection
[[Page 133 STAT. 2555]]
(a), for the purpose of performing the duties authorized under
subsection (a), to--
``(1) carry firearms;
``(2) make arrests without a warrant for any offense against
the United States committed in the presence of such officer or
special agent;
``(3) perform protective intelligence work, including
identifying and mitigating potential threats and conducting
advance work to review security matters relating to sites and
events;
``(4) coordinate with local law enforcement agencies; and
``(5) initiate criminal and other investigations into
potential threats to the security of the Secretary, in
coordination with the Inspector General of the Department of
Labor.
``(c) Compliance With Guidelines.--A law enforcement officer or
special agent employed under subsection (a) shall exercise any authority
provided under this section in accordance with any--
``(1) guidelines issued by the Attorney General; and
``(2) guidelines prescribed by the Secretary of Labor.''.
(b) <<NOTE: Effective date.>> This section shall be effective on
the date of enactment of this Act.
Sec. 114. The Secretary is authorized to dispose of or divest, by
any means the Secretary determines appropriate, including an agreement
or partnership to construct a new Job Corps center, all or a portion of
the real property on which the Treasure Island Job Corps Center is
situated. Any sale or other disposition will not be subject to any
requirement of any Federal law or regulation relating to the disposition
of Federal real property, including but not limited to subchapter III of
chapter 5 of title 40 of the United States Code and subchapter V of
chapter 119 of title 42 of the United States Code. The net proceeds of
such a sale shall be transferred to the Secretary, which shall be
available until expended to carry out the Job Corps Program on Treasure
Island.
(rescission)
Sec. 115. Of the unobligated funds available under section
286(s)(2) of the Immigration and Nationality Act (8 U.S.C. 1356(s)(2)),
$150,000,000 are hereby rescinded.
Sec. 116. <<NOTE: Time periods.>> Funds made available in prior
Acts under the heading ``Department of Labor--Employment and Training
Administration--State Unemployment Insurance and Employment Service
Operations'' for fiscal years 2015 through 2019 for automation
acquisitions that are being carried out through consortia of States
shall be available for expenditure for 6 fiscal years after the final
fiscal year that such funds are available to incur new obligations.
Sec. 117. None of the funds made available by this Act may be used
to--
(1) alter or terminate the Interagency Agreement between the
United States Department of Labor and the United States
Department of Agriculture; or
(2) close any of the Civilian Conservation Centers, except
if such closure is necessary to prevent the endangerment of the
health and safety of the students, the capacity of the program
is retained, and the requirements of section 159(j) of the
Workforce Innovation and Opportunity Act are met.
This title may be cited as the ``Department of Labor Appropriations
Act, 2020''.
[[Page 133 STAT. 2556]]
TITLE II <<NOTE: Department of Health and Human Services Appropriations
Act, 2020.>>
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Health Resources and Services Administration
primary health care
For carrying out titles II and III of the Public Health Service Act
(referred to in this Act as the ``PHS Act'') with respect to primary
health care and the Native Hawaiian Health Care Act of 1988,
$1,626,522,000: Provided, That no more than $1,000,000 shall be
available until expended for carrying out the provisions of section
224(o) of the PHS Act: Provided further, That no more than $120,000,000
shall be available until expended for carrying out subsections (g)
through (n) and (q) of section 224 of the PHS Act, and for expenses
incurred by the Department of Health and Human Services (referred to in
this Act as ``HHS'') pertaining to administrative claims made under such
law.
health workforce
For carrying out titles III, VII, and VIII of the PHS Act with
respect to the health workforce, sections 1128E and 1921 of the Social
Security Act, and the Health Care Quality Improvement Act of 1986,
$1,194,506,000, of which $138,916,000 shall remain available through
September 30, 2021 to carry out sections 750, 755, 756, 760, 781, and
791 of the PHS Act: Provided, That sections 751(j)(2) and 762(k) of the
PHS Act and the proportional funding amounts in paragraphs (1) through
(4) of section 756(f) of the PHS Act shall not apply to funds made
available under this heading: Provided further, <<NOTE: Waiver
authority. 42 USC 294a note.>> That for any program operating under
section 751 of the PHS Act on or before January 1, 2009, the Secretary
of Health and Human Services (referred to in this title as the
``Secretary'') may hereafter waive any of the requirements contained in
sections 751(d)(2)(A) and 751(d)(2)(B) of such Act for the full project
period of a grant under such section: Provided further, That no funds
shall be available for section 340G-1 of the PHS Act: Provided further,
That fees collected for the disclosure of information under section
427(b) of the Health Care Quality Improvement Act of 1986 and sections
1128E(d)(2) and 1921 of the Social Security Act shall be sufficient to
recover the full costs of operating the programs authorized by such
sections and shall remain available until expended for the National
Practitioner Data Bank: Provided further, That funds transferred to
this account to carry out section 846 and subpart 3 of part D of title
III of the PHS Act may be used to make prior year adjustments to awards
made under such section and subpart: Provided further, That
$120,000,000 shall remain available until expended for the purposes of
providing primary health services, assigning National Health Service
Corps (``NHSC'') members to expand the delivery of substance use
disorder treatment services, notwithstanding the assignment priorities
and limitations under sections 333(a)(1)(D), 333(b), and
333A(a)(1)(B)(ii) of the PHS Act, and making payments under the NHSC
Loan Repayment Program under section 338B of such Act: Provided
further, That, within the amount made available in the previous proviso,
$15,000,000 shall remain available until expended for the purposes of
making payments under the
[[Page 133 STAT. 2557]]
NHSC Loan Repayment Program under section 338B of the PHS Act to
individuals participating in such program who provide primary health
services in Indian Health Service facilities, Tribally-Operated 638
Health Programs, and Urban Indian Health Programs (as those terms are
defined by the Secretary), notwithstanding the assignment priorities and
limitations under section 333(b) of such Act: Provided
further, <<NOTE: Applicability. Definition.>> That for purposes of the
previous two provisos, section 331(a)(3)(D) of the PHS Act shall be
applied as if the term ``primary health services'' includes clinical
substance use disorder treatment services, including those provided by
masters level, licensed substance use disorder treatment counselors:
Provided further, <<NOTE: Grants.>> That of the funds made available
under this heading, $5,000,000 shall be available to make grants to
establish or expand optional community-based nurse practitioner
fellowship programs that are accredited or in the accreditation process,
with a preference for those in Federally Qualified Health Centers, for
practicing postgraduate nurse practitioners in primary care or
behavioral health.
Of <<NOTE: Grants.>> the funds made available under this heading,
$50,000,000 shall remain available until expended for grants to public
institutions of higher education to expand or support graduate education
for physicians provided by such institutions:
Provided, <<NOTE: Determination.>> That, in awarding such grants, the
Secretary shall give priority to public institutions of higher education
located in States with a projected primary care provider shortage in
2025, as determined by the Secretary: Provided
further, <<NOTE: Determination.>> That grants so awarded are limited to
such public institutions of higher education in States in the top
quintile of States with a projected primary care provider shortage in
2025, as determined by the Secretary: Provided further, That the
minimum amount of a grant so awarded to such an institution shall be not
less than $1,000,000 per year: Provided further, That such <<NOTE: Time
period.>> a grant may be awarded for a period not to exceed 5 years:
Provided further, That such a grant awarded with respect to a year to
such an institution shall be subject to a matching requirement of non-
Federal funds in an amount that is not less than 10 percent of the total
amount of Federal funds provided in the grant to such institution with
respect to such year.
maternal and child health
For carrying out titles III, XI, XII, and XIX of the PHS Act with
respect to maternal and child health and title V of the Social Security
Act, $943,784,000: Provided, That notwithstanding sections 502(a)(1)
and 502(b)(1) of the Social Security Act, not more than $119,116,000
shall be available for carrying out special projects of regional and
national significance pursuant to section 501(a)(2) of such Act and
$10,276,000 shall be available for projects described in subparagraphs
(A) through (F) of section 501(a)(3) of such Act.
ryan white hiv/aids program
For carrying out title XXVI of the PHS Act with respect to the Ryan
White HIV/AIDS program, $2,388,781,000, of which $1,970,881,000 shall
remain available to the Secretary through September 30, 2022, for parts
A and B of title XXVI of the PHS Act, and of which not less than
$900,313,000 shall be for State AIDS Drug Assistance Programs under the
authority of section 2616 or 311(c) of such Act; and of which
$70,000,000, to remain
[[Page 133 STAT. 2558]]
available until expended, shall be available to the Secretary for
carrying out a program of grants and contracts under title XXVI or
section 311(c) of such Act focused on ending the nationwide HIV/AIDS
epidemic, with any grants issued under such section 311(c) administered
in conjunction with title XXVI of the PHS Act, including the limitation
on administrative expenses.
health care systems
For carrying out titles III and XII of the PHS Act with respect to
health care systems, and the Stem Cell Therapeutic and Research Act of
2005, $123,593,000, of which $122,000 shall be available until expended
for facilities renovations at the Gillis W. Long Hansen's Disease
Center.
rural health
For carrying out titles III and IV of the PHS Act with respect to
rural health, section 427(a) of the Federal Coal Mine Health and Safety
Act of 1969, and sections 711 and 1820 of the Social Security Act,
$318,294,000, of which $53,609,000 from general revenues,
notwithstanding section 1820(j) of the Social Security Act, shall be
available for carrying out the Medicare rural hospital flexibility
grants program: Provided, <<NOTE: Grants.>> That of the funds made
available under this heading for Medicare rural hospital flexibility
grants, $19,942,000 shall be available for the Small Rural Hospital
Improvement Grant Program for quality improvement and adoption of health
information technology and up to $1,000,000 shall be to carry out
section 1820(g)(6) of the Social Security Act, with funds provided for
grants under section 1820(g)(6) available for the purchase and
implementation of telehealth services, including pilots and
demonstrations on the use of electronic health records to coordinate
rural veterans care between rural providers and the Department of
Veterans Affairs electronic health record system: Provided further,
That notwithstanding section 338J(k) of the PHS Act, $12,500,000 shall
be available for State Offices of Rural Health: Provided further, That
$10,000,000 shall remain available through September 30, 2022, to
support the Rural Residency Development Program: Provided further, That
$110,000,000 shall be for the Rural Communities Opioids Response
Program.
family planning
For carrying out the program under title X of the PHS Act to provide
for voluntary family planning projects, $286,479,000:
Provided, <<NOTE: Abortions.>> That amounts provided to said projects
under such title shall not be expended for abortions, that all pregnancy
counseling shall be nondirective, and that such amounts shall not be
expended for any activity (including the publication or distribution of
literature) that in any way tends to promote public support or
opposition to any legislative proposal or candidate for public office.
program management
For program support in the Health Resources and Services
Administration, $155,300,000: Provided, That funds made available under
this heading may be used to supplement program support funding provided
under the headings ``Primary Health Care'',
[[Page 133 STAT. 2559]]
``Health Workforce'', ``Maternal and Child Health'', ``Ryan White HIV/
AIDS Program'', ``Health Care Systems'', and ``Rural Health''.
vaccine injury compensation program trust fund
For payments from the Vaccine Injury Compensation Program Trust Fund
(the ``Trust Fund''), such sums as may be necessary for claims
associated with vaccine-related injury or death with respect to vaccines
administered after September 30, 1988, pursuant to subtitle 2 of title
XXI of the PHS Act, to remain available until expended: Provided, That
for necessary administrative expenses, not to exceed $10,200,000 shall
be available from the Trust Fund to the Secretary.
Centers for Disease Control and Prevention
immunization and respiratory diseases
For carrying out titles II, III, XVII, and XXI, and section 2821 of
the PHS Act, titles II and IV of the Immigration and Nationality Act,
and section 501 of the Refugee Education Assistance Act, with respect to
immunization and respiratory diseases, $433,105,000.
hiv/aids, viral hepatitis, sexually transmitted diseases, and
tuberculosis prevention
For carrying out titles II, III, XVII, and XXIII of the PHS Act with
respect to HIV/AIDS, viral hepatitis, sexually transmitted diseases, and
tuberculosis prevention, $1,273,556,000.
emerging and zoonotic infectious diseases
For carrying out titles II, III, and XVII, and section 2821 of the
PHS Act, titles II and IV of the Immigration and Nationality Act, and
section 501 of the Refugee Education Assistance Act, with respect to
emerging and zoonotic infectious diseases, $570,372,000.
chronic disease prevention and health promotion
For carrying out titles II, III, XI, XV, XVII, and XIX of the PHS
Act with respect to chronic disease prevention and health promotion,
$984,964,000: Provided, That funds made available under this heading
may be available for making grants under section 1509 of the PHS Act for
not less than 21 States, tribes, or tribal organizations: Provided
further, That of the funds made available under this heading,
$15,000,000 shall be available to continue and expand community specific
extension and outreach programs to combat obesity in counties with the
highest levels of obesity: Provided further, That the proportional
funding requirements under section 1503(a) of the PHS Act shall not
apply to funds made available under this heading.
[[Page 133 STAT. 2560]]
birth defects, developmental disabilities, disabilities and health
For carrying out titles II, III, XI, and XVII of the PHS Act with
respect to birth defects, developmental disabilities, disabilities and
health, $160,810,000.
public health scientific services
For carrying out titles II, III, and XVII of the PHS Act with
respect to health statistics, surveillance, health informatics, and
workforce development, $555,497,000.
environmental health
For carrying out titles II, III, and XVII of the PHS Act with
respect to environmental health, $196,850,000.
injury prevention and control
For carrying out titles II, III, and XVII of the PHS Act with
respect to injury prevention and control, $677,379,000.
national institute for occupational safety and health
For carrying out titles II, III, and XVII of the PHS Act, sections
101, 102, 103, 201, 202, 203, 301, and 501 of the Federal Mine Safety
and Health Act, section 13 of the Mine Improvement and New Emergency
Response Act, and sections 20, 21, and 22 of the Occupational Safety and
Health Act, with respect to occupational safety and health,
$342,800,000.
energy employees occupational illness compensation program
For necessary expenses to administer the Energy Employees
Occupational Illness Compensation Program Act, $55,358,000, to remain
available until expended: Provided, That this amount shall be available
consistent with the provision regarding administrative expenses in
section 151(b) of division B, title I of Public Law 106-554.
global health
For carrying out titles II, III, and XVII of the PHS Act with
respect to global health, $570,843,000, of which: (1) $128,421,000 shall
remain available through September 30, 2021 for international HIV/AIDS;
and (2) $173,400,000 shall remain available through September 30, 2022
for global disease detection and emergency response: Provided, That
funds may be used for purchase and insurance of official motor vehicles
in foreign countries.
public health preparedness and response
For carrying out titles II, III, and XVII of the PHS Act with
respect to public health preparedness and response, and for expenses
necessary to support activities related to countering potential
biological, nuclear, radiological, and chemical threats to civilian
[[Page 133 STAT. 2561]]
populations, $850,200,000: Provided, <<NOTE: Time
period. Notice. Deadlines. Reports.>> That the Director of the Centers
for Disease Control and Prevention (referred to in this title as
``CDC'') or the Administrator of the Agency for Toxic Substances and
Disease Registry may detail staff without reimbursement for up to 180
days to support an activation of the CDC Emergency Operations Center, so
long as the Director or Administrator, as applicable, provides a notice
to the Committees on Appropriations of the House of Representatives and
the Senate within 15 days of the use of this authority and a full report
within 30 days after use of this authority which includes the number of
staff and funding level broken down by the originating center and number
of days detailed: Provided further, That funds appropriated under this
heading may be used to support a contract for the operation and
maintenance of an aircraft in direct support of activities throughout
CDC to ensure the agency is prepared to address public health
preparedness emergencies.
buildings and facilities
(including transfer of funds)
For acquisition of real property, equipment, construction,
installation, demolition, and renovation of facilities, $25,000,000,
which shall remain available until September 30, 2024: Provided, That
funds made available to this account in this or any prior Act that are
available for the acquisition of real property or for construction or
improvement of facilities shall be available to make improvements on
non-federally owned property, provided that any improvements that are
not adjacent to federally owned property do not exceed $2,500,000, and
that the primary benefit of such improvements accrues to CDC: Provided
further, That funds previously set-aside by CDC for repair and upgrade
of the Lake Lynn Experimental Mine and Laboratory shall be used to
acquire a replacement mine safety research facility: Provided further,
That in addition, the prior year unobligated balance of any amounts
assigned to former employees in accounts of CDC made available for
Individual Learning Accounts shall be credited to and merged with the
amounts made available under this heading to support the replacement of
the mine safety research facility.
cdc-wide activities and program support
(including transfer of funds)
For carrying out titles II, III, XVII and XIX, and section 2821 of
the PHS Act and for cross-cutting activities and program support for
activities funded in other appropriations included in this Act for the
Centers for Disease Control and Prevention, $198,570,000, of which up to
$5,000,000 may be transferred to the reserve of the Working Capital Fund
authorized under this heading in division F of Public Law 112-74:
Provided, That paragraphs (1) through (3) of subsection (b) of section
2821 of the PHS Act shall not apply to funds appropriated under this
heading and in all other accounts of the CDC: Provided further, That
employees of CDC or the Public Health Service, both civilian and
commissioned officers, detailed to States, municipalities, or other
organizations under authority of section 214 of the PHS Act, or in
overseas assignments, shall be treated as non-Federal employees for
reporting purposes
[[Page 133 STAT. 2562]]
only and shall not be included within any personnel ceiling applicable
to the Agency, Service, or HHS during the period of detail or
assignment: Provided further, That CDC may use up to $10,000 from
amounts appropriated to CDC in this Act for official reception and
representation expenses when specifically approved by the Director of
CDC: Provided further, That in addition, such sums as may be derived
from authorized user fees, which shall be credited to the appropriation
charged with the cost thereof: Provided further, That with respect to
the previous proviso, authorized user fees from the Vessel Sanitation
Program and the Respirator Certification Program shall be available
through September 30, 2021.
National Institutes of Health
national cancer institute
For carrying out section 301 and title IV of the PHS Act with
respect to cancer, $6,245,442,000, of which up to $30,000,000 may be
used for facilities repairs and improvements at the National Cancer
Institute--Frederick Federally Funded Research and Development Center in
Frederick, Maryland.
national heart, lung, and blood institute
For carrying out section 301 and title IV of the PHS Act with
respect to cardiovascular, lung, and blood diseases, and blood and blood
products, $3,624,258,000.
national institute of dental and craniofacial research
For carrying out section 301 and title IV of the PHS Act with
respect to dental and craniofacial diseases, $477,429,000.
national institute of diabetes and digestive and kidney diseases
For carrying out section 301 and title IV of the PHS Act with
respect to diabetes and digestive and kidney disease, $2,114,314,000.
national institute of neurological disorders and stroke
For carrying out section 301 and title IV of the PHS Act with
respect to neurological disorders and stroke, $2,374,687,000.
national institute of allergy and infectious diseases
For carrying out section 301 and title IV of the PHS Act with
respect to allergy and infectious diseases, $5,885,470,000.
national institute of general medical sciences
For carrying out section 301 and title IV of the PHS Act with
respect to general medical sciences, $2,937,218,000, of which
$1,230,821,000 shall be from funds available under section 241 of the
PHS Act: Provided, That not less than $386,573,000 is provided for the
Institutional Development Awards program.
[[Page 133 STAT. 2563]]
eunice kennedy shriver national institute of child health and human
development
For carrying out section 301 and title IV of the PHS Act with
respect to child health and human development, $1,556,879,000.
national eye institute
For carrying out section 301 and title IV of the PHS Act with
respect to eye diseases and visual disorders, $824,090,000.
national institute of environmental health sciences
For carrying out section 301 and title IV of the PHS Act with
respect to environmental health sciences, $802,598,000.
national institute on aging
For carrying out section 301 and title IV of the PHS Act with
respect to aging, $3,543,673,000.
national institute of arthritis and musculoskeletal and skin diseases
For carrying out section 301 and title IV of the PHS Act with
respect to arthritis and musculoskeletal and skin diseases,
$624,889,000.
national institute on deafness and other communication disorders
For carrying out section 301 and title IV of the PHS Act with
respect to deafness and other communication disorders, $490,692,000.
national institute of nursing research
For carrying out section 301 and title IV of the PHS Act with
respect to nursing research, $169,113,000.
national institute on alcohol abuse and alcoholism
For carrying out section 301 and title IV of the PHS Act with
respect to alcohol abuse and alcoholism, $545,373,000.
national institute on drug abuse
For carrying out section 301 and title IV of the PHS Act with
respect to drug abuse, $1,462,016,000.
national institute of mental health
For carrying out section 301 and title IV of the PHS Act with
respect to mental health, $1,968,374,000.
national human genome research institute
For carrying out section 301 and title IV of the PHS Act with
respect to human genome research, $606,349,000.
[[Page 133 STAT. 2564]]
national institute of biomedical imaging and bioengineering
For carrying out section 301 and title IV of the PHS Act with
respect to biomedical imaging and bioengineering research, $403,638,000.
national center for complementary and integrative health
For carrying out section 301 and title IV of the PHS Act with
respect to complementary and integrative health, $151,740,000.
national institute on minority health and health disparities
For carrying out section 301 and title IV of the PHS Act with
respect to minority health and health disparities research,
$335,812,000: Provided, <<NOTE: Public
information. Notification.>> That funds may be used to implement a
reorganization that is presented to an advisory council in a public
meeting and for which the Committees on Appropriations of the House of
Representatives and the Senate have been notified 30 days in advance.
john e. fogarty international center
For carrying out the activities of the John E. Fogarty International
Center (described in subpart 2 of part E of title IV of the PHS Act),
$80,760,000.
national library of medicine
For carrying out section 301 and title IV of the PHS Act with
respect to health information communications, $456,911,000: Provided,
That of the amounts available for improvement of information systems,
$4,000,000 shall be available until September 30, 2021: Provided
further, That in fiscal year 2020, the National Library of Medicine may
enter into personal services contracts for the provision of services in
facilities owned, operated, or constructed under the jurisdiction of the
National Institutes of Health (referred to in this title as ``NIH'').
national center for advancing translational sciences
For carrying out section 301 and title IV of the PHS Act with
respect to translational sciences, $832,888,000: Provided, That up to
$60,000,000 shall be available to implement section 480 of the PHS Act,
relating to the Cures Acceleration Network: Provided further, That at
least $578,141,000 is provided to the Clinical and Translational
Sciences Awards program.
office of the director
(including transfer of funds)
For carrying out the responsibilities of the Office of the Director,
NIH, $2,239,787,000: Provided, That funding shall be available for the
purchase of not to exceed 29 passenger motor vehicles for replacement
only: Provided further, That all funds credited to the NIH Management
Fund shall remain available for one fiscal year after the fiscal year in
which they are deposited: Provided
[[Page 133 STAT. 2565]]
further, That $180,000,000 shall be for the Environmental Influences on
Child Health Outcomes study: Provided further, That $626,511,000 shall
be available for the Common Fund established under section 402A(c)(1) of
the PHS Act: Provided further, That of the funds provided, $10,000
shall be for official reception and representation expenses when
specifically approved by the Director of the NIH: Provided further,
That the Office of AIDS Research within the Office of the Director of
the NIH may spend up to $8,000,000 to make grants for construction or
renovation of facilities as provided for in section 2354(a)(5)(B) of the
PHS Act: Provided further, That $50,000,000 shall be used to carry out
section 404I of the PHS Act (42 U.S.C. 283K), relating to biomedical and
behavioral research facilities: Provided further, That $5,000,000 shall
be transferred to and merged with the appropriation for the ``Office of
Inspector General'' for oversight of grant programs and operations of
the NIH, including agency efforts to ensure the integrity of its grant
application evaluation and selection processes, and shall be in addition
to funds otherwise made available for oversight of the NIH: Provided
further, <<NOTE: Time period.>> That the funds provided in the previous
proviso may be transferred from one specified activity to another with
15 days prior approval of the Committees on Appropriations of the House
of Representatives and the Senate: Provided
further, <<NOTE: Consultation. Audit plan. Deadline.>> That the
Inspector General shall consult with the Committees on Appropriations of
the House of Representatives and the Senate before submitting to the
Committees an audit plan for fiscal years 2020 and 2021 no later than 30
days after the date of enactment of this Act: Provided further, That
amounts available under this heading are also available to establish,
operate, and support the Research Policy Board authorized by section
2034(f) of the 21st Century Cures Act.
In addition to other funds appropriated for the Common Fund
established under section 402A(c) of the PHS Act, $12,600,000 is
appropriated to the Common Fund from the 10-year Pediatric Research
Initiative Fund described in section 9008 of title 26, United States
Code, for the purpose of carrying out section 402(b)(7)(B)(ii) of the
PHS Act (relating to pediatric research), as authorized in the Gabriella
Miller Kids First Research Act.
buildings and facilities
For the study of, construction of, demolition of, renovation of, and
acquisition of equipment for, facilities of or used by NIH, including
the acquisition of real property, $200,000,000, to remain available
through September 30, 2024.
nih innovation account, cures act
(including transfer of funds)
For necessary expenses to carry out the purposes described in
section 1001(b)(4) of the 21st Century Cures Act, in addition to amounts
available for such purposes in the appropriations provided to the NIH in
this Act, $492,000,000, to remain available until expended: Provided,
That such amounts are appropriated pursuant to section 1001(b)(3) of
such Act, are to be derived from amounts transferred under section
1001(b)(2)(A) of such Act, and may be transferred by the Director of the
National Institutes of Health to other accounts of the National
Institutes of Health solely
[[Page 133 STAT. 2566]]
for the purposes provided in such Act: Provided
further, <<NOTE: Determination.>> That upon a determination by the
Director that funds transferred pursuant to the previous proviso are not
necessary for the purposes provided, such amounts may be transferred
back to the Account: Provided further, That the transfer authority
provided under this heading is in addition to any other transfer
authority provided by law.
Substance Abuse and Mental Health Services Administration
mental health
For carrying out titles III, V, and XIX of the PHS Act with respect
to mental health, and the Protection and Advocacy for Individuals with
Mental Illness Act, $1,644,974,000: Provided, That of the funds made
available under this heading, $68,887,000 shall be for the National
Child Traumatic Stress Initiative: Provided further, That
notwithstanding section 520A(f)(2) of the PHS Act, no funds appropriated
for carrying out section 520A shall be available for carrying out
section 1971 of the PHS Act: Provided further, That in addition to
amounts provided herein, $21,039,000 shall be available under section
241 of the PHS Act to carry out subpart I of part B of title XIX of the
PHS Act to fund section 1920(b) technical assistance, national data,
data collection and evaluation activities, and further that the total
available under this Act for section 1920(b) activities shall not exceed
5 percent of the amounts appropriated for subpart I of part B of title
XIX: Provided further, That up to 10 percent of the amounts made
available to carry out the Children's Mental Health Services program may
be used to carry out demonstration grants or contracts for early
interventions with persons not more than 25 years of age at clinical
high risk of developing a first episode of psychosis: Provided further,
That section 520E(b)(2) of the PHS Act shall not apply to funds
appropriated in this Act for fiscal year 2020: Provided further, That
States shall expend at least 10 percent of the amount each receives for
carrying out section 1911 of the PHS Act to support evidence-based
programs that address the needs of individuals with early serious mental
illness, including psychotic disorders, regardless of the age of the
individual at onset: Provided further, That $200,000,000 shall be
available until September 30, 2022 for grants to communities and
community organizations who meet criteria for Certified Community
Behavioral Health Clinics pursuant to section 223(a) of Public Law 113-
93: Provided further, That none of the funds provided for section 1911
of the PHS Act shall be subject to section 241 of such Act: Provided
further, That of the funds made available under this heading,
$19,000,000 shall be to carry out section 224 of the Protecting Access
to Medicare Act of 2014 (Public Law 113-93; 42 U.S.C. 290aa 22 note).
substance abuse treatment
For carrying out titles III and V of the PHS Act with respect to
substance abuse treatment and title XIX of such Act with respect to
substance abuse treatment and prevention, and the SUPPORT for Patients
and Communities Act, $3,756,556,000: Provided, That $1,500,000,000
shall be for State Opioid Response Grants for carrying out activities
pertaining to opioids and stimulants undertaken by the State agency
responsible for administering the substance abuse prevention and
treatment block grant under subpart II of
[[Page 133 STAT. 2567]]
part B of title XIX of the PHS Act (42 U.S.C. 300x-21 et seq.):
Provided further, That of such amount $50,000,000 shall be made
available to Indian Tribes or tribal organizations: Provided further,
That 15 percent of the remaining amount shall be for the States with the
highest mortality rate related to opioid use disorders: Provided
further, That of the amounts provided for State Opioid Response Grants
not more than 2 percent shall be available for Federal administrative
expenses, training, technical assistance, and evaluation: Provided
further, That <<NOTE: Determination.>> of the amount not reserved by
the previous three provisos, the Secretary shall make allocations to
States, territories, and the District of Columbia according to a formula
using national survey results that the Secretary determines are the most
objective and reliable measure of drug use and drug-related deaths:
Provided further, <<NOTE: Time period.>> That the Secretary shall submit
the formula methodology to the Committees on Appropriations of the House
of Representatives and the Senate not less than 15 days prior to
publishing a Funding Opportunity Announcement: Provided further, That
prevention and treatment activities funded through such grants may
include education, treatment (including the provision of medication),
behavioral health services for individuals in treatment programs,
referral to treatment services, recovery support, and medical screening
associated with such treatment: Provided further, That each State, as
well as the District of Columbia, shall receive not less than
$4,000,000: Provided further, That in addition to amounts provided
herein, the following amounts shall be available under section 241 of
the PHS Act: (1) $79,200,000 to carry out subpart II of part B of title
XIX of the PHS Act to fund section 1935(b) technical assistance,
national data, data collection and evaluation activities, and further
that the total available under this Act for section 1935(b) activities
shall not exceed 5 percent of the amounts appropriated for subpart II of
part B of title XIX; and (2) $2,000,000 to evaluate substance abuse
treatment programs: Provided further, That none of the funds provided
for section 1921 of the PHS Act or State Opioid Response Grants shall be
subject to section 241 of such Act.
substance abuse prevention
For carrying out titles III and V of the PHS Act with respect to
substance abuse prevention, $206,469,000.
health surveillance and program support
For program support and cross-cutting activities that supplement
activities funded under the headings ``Mental Health'', ``Substance
Abuse Treatment'', and ``Substance Abuse Prevention'' in carrying out
titles III, V, and XIX of the PHS Act and the Protection and Advocacy
for Individuals with Mental Illness Act in the Substance Abuse and
Mental Health Services Administration, $128,830,000: Provided, That in
addition to amounts provided herein, $31,428,000 shall be available
under section 241 of the PHS Act to supplement funds available to carry
out national surveys on drug abuse and mental health, to collect and
analyze program data, and to conduct public awareness and technical
assistance activities: Provided further, <<NOTE: Fees.>> That, in
addition, fees may be collected for the costs of publications, data,
data tabulations, and data analysis completed under title V of the PHS
Act and provided to a public or private entity upon request, which shall
be credited to
[[Page 133 STAT. 2568]]
this appropriation and shall remain available until expended for such
purposes: Provided further, That amounts made available in this Act for
carrying out section 501(o) of the PHS Act shall remain available
through September 30, 2021: Provided further, That funds made available
under this heading may be used to supplement program support funding
provided under the headings ``Mental Health'', ``Substance Abuse
Treatment'', and ``Substance Abuse Prevention''.
Agency for Healthcare Research and Quality
healthcare research and quality
For carrying out titles III and IX of the PHS Act, part A of title
XI of the Social Security Act, and section 1013 of the Medicare
Prescription Drug, Improvement, and Modernization Act of 2003,
$338,000,000: Provided, That section 947(c) of the PHS Act shall not
apply in fiscal year 2020: Provided further, That in addition, amounts
received from Freedom of Information Act fees, reimbursable and
interagency agreements, and the sale of data shall be credited to this
appropriation and shall remain available until September 30, 2021.
Centers for Medicare & Medicaid Services
grants to states for medicaid
For carrying out, except as otherwise provided, titles XI and XIX of
the Social Security Act, $273,188,478,000, to remain available until
expended.
For making, after May 31, 2020, payments to States under title XIX
or in the case of section 1928 on behalf of States under title XIX of
the Social Security Act for the last quarter of fiscal year 2020 for
unanticipated costs incurred for the current fiscal year, such sums as
may be necessary.
For making payments to States or in the case of section 1928 on
behalf of States under title XIX of the Social Security Act for the
first quarter of fiscal year 2021, $139,903,075,000, to remain available
until expended.
Payment under such title XIX may be made for any quarter with
respect to a State plan or plan amendment in effect during such quarter,
if submitted in or prior to such quarter and approved in that or any
subsequent quarter.
payments to the health care trust funds
For payment to the Federal Hospital Insurance Trust Fund and the
Federal Supplementary Medical Insurance Trust Fund, as provided under
sections 217(g), 1844, and 1860D-16 of the Social Security Act, sections
103(c) and 111(d) of the Social Security Amendments of 1965, section
278(d)(3) of Public Law 97-248, and for administrative expenses incurred
pursuant to section 201(g) of the Social Security Act, $410,796,100,000.
In addition, for making matching payments under section 1844 and
benefit payments under section 1860D-16 of the Social Security Act that
were not anticipated in budget estimates, such sums as may be necessary.
[[Page 133 STAT. 2569]]
program management
For carrying out, except as otherwise provided, titles XI, XVIII,
XIX, and XXI of the Social Security Act, titles XIII and XXVII of the
PHS Act, the Clinical Laboratory Improvement Amendments of 1988, and
other responsibilities of the Centers for Medicare & Medicaid Services,
not to exceed $3,669,744,000, to be transferred from the Federal
Hospital Insurance Trust Fund and the Federal Supplementary Medical
Insurance Trust Fund, as authorized by section 201(g) of the Social
Security Act; together with all funds collected in accordance with
section 353 of the PHS Act and section 1857(e)(2) of the Social Security
Act, funds retained by the Secretary pursuant to section 1893(h) of the
Social Security Act, and such sums as may be collected from authorized
user fees and the sale of data, which shall be credited to this account
and remain available until expended: Provided, That all funds derived
in accordance with 31 U.S.C. 9701 from organizations established under
title XIII of the PHS Act shall be credited to and available for
carrying out the purposes of this appropriation: Provided
further, <<NOTE: Fees.>> That the Secretary is directed to collect fees
in fiscal year 2020 from Medicare Advantage organizations pursuant to
section 1857(e)(2) of the Social Security Act and from eligible
organizations with risk-sharing contracts under section 1876 of that Act
pursuant to section 1876(k)(4)(D) of that Act: Provided further, That
amounts available under this heading to support quality improvement
organizations (as defined in section 1152 of the Social Security Act)
shall not exceed the amount specifically provided for such purpose under
this heading in division H of the Consolidated Appropriations Act, 2018
(Public Law 115-141).
health care fraud and abuse control account
In addition to amounts otherwise available for program integrity and
program management, $786,000,000, to remain available through September
30, 2021, to be transferred from the Federal Hospital Insurance Trust
Fund and the Federal Supplementary Medical Insurance Trust Fund, as
authorized by section 201(g) of the Social Security Act, of which
$610,000,000 shall be for the Centers for Medicare & Medicaid Services
program integrity activities, of which $93,000,000 shall be for the
Department of Health and Human Services Office of Inspector General to
carry out fraud and abuse activities authorized by section 1817(k)(3) of
such Act, and of which $83,000,000 shall be for the Department of
Justice to carry out fraud and abuse activities authorized by section
1817(k)(3) of such Act: Provided, That the report required by section
1817(k)(5) of the Social Security Act for fiscal year 2020 shall include
measures of the operational efficiency and impact on fraud, waste, and
abuse in the Medicare, Medicaid, and CHIP programs for the funds
provided by this appropriation: Provided further, That of the amount
provided under this heading, $311,000,000 is provided to meet the terms
of section 251(b)(2)(C)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, and $475,000,000 is additional new
budget authority specified for purposes of section 251(b)(2)(C) of such
Act: Provided further, That the Secretary shall provide not less than
$18,000,000 for the Senior Medicare Patrol program to combat health care
fraud and abuse from the funds provided to this account.
[[Page 133 STAT. 2570]]
Administration for Children and Families
payments to states for child support enforcement and family support
programs
For carrying out, except as otherwise provided, titles I, IV-D, X,
XI, XIV, and XVI of the Social Security Act and the Act of July 5, 1960,
$2,890,000,000, to remain available until expended; and for such
purposes for the first quarter of fiscal year 2021, $1,400,000,000, to
remain available until expended.
For carrying out, after May 31 of the current fiscal year, except as
otherwise provided, titles I, IV-D, X, XI, XIV, and XVI of the Social
Security Act and the Act of July 5, 1960, for the last 3 months of the
current fiscal year for unanticipated costs, incurred for the current
fiscal year, such sums as may be necessary.
low income home energy assistance
For making payments under subsections (b) and (d) of section 2602 of
the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8621 et
seq.), $3,740,304,000: Provided, That notwithstanding section 2609A(a)
of such Act, not more than $2,988,000 may be reserved by the Secretary
of Health and Human Services for technical assistance, training, and
monitoring of program activities for compliance with internal controls,
policies and procedures and the Secretary may, in addition to the
authorities provided in section 2609A(a)(1), use such funds through
contracts with private entities that do not qualify as nonprofit
organizations: Provided further, That all but $753,000,000 of the
amount appropriated under this heading shall be allocated as though the
total appropriation for such payments for fiscal year 2020 was less than
$1,975,000,000: Provided further, That, after applying all applicable
provisions of section 2604 of such Act and the previous proviso, each
State or territory that would otherwise receive an allocation that is
less than 97 percent of the amount that it received under this heading
for fiscal year 2019 from amounts appropriated in Public Law 115-245
shall have its allocation increased to that 97 percent level, with the
portions of other States' and territories' allocations that would exceed
100 percent of the amounts they respectively received in such fashion
for fiscal year 2019 being ratably reduced.
refugee and entrant assistance
(including transfer of funds)
For necessary expenses for refugee and entrant assistance activities
authorized by section 414 of the Immigration and Nationality Act and
section 501 of the Refugee Education Assistance Act of 1980, and for
carrying out section 462 of the Homeland Security Act of 2002, section
235 of the William Wilberforce Trafficking Victims Protection
Reauthorization Act of 2008, the Trafficking Victims Protection Act of
2000 (``TVPA''), and the Torture Victims Relief Act of 1998,
$1,908,201,000, of which $1,864,446,000 shall remain available through
September 30, 2022 for carrying out such sections 414, 501, 462, and
235: Provided, That amounts available under this heading to carry out
the TVPA shall also be available for research and evaluation with
respect to activities under such Act: Provided further, That not less
than $160,000,000
[[Page 133 STAT. 2571]]
shall be used for legal services, child advocates, and post-release
services: Provided further, <<NOTE: Applicability.>> That the
limitation in section 205 of this Act regarding transfers increasing any
appropriation shall apply to transfers to appropriations under this
heading by substituting ``15 percent'' for ``3 percent''.
payments to states for the child care and development block grant
For carrying out the Child Care and Development Block Grant Act of
1990 (``CCDBG Act''), $5,826,000,000 shall be used to supplement, not
supplant State general revenue funds for child care assistance for low-
income families: Provided, That technical assistance under section
658I(a)(3) of such Act may be provided directly, or through the use of
contracts, grants, cooperative agreements, or interagency agreements:
Provided further, That all funds made available to carry out section 418
of the Social Security Act (42 U.S.C. 618), including funds appropriated
for that purpose in such section 418 or any other provision of law,
shall be subject to the reservation of funds authority in paragraphs (4)
and (5) of section 658O(a) of the CCDBG Act: Provided further, That in
addition to the amounts required to be reserved by the Secretary under
section 658O(a)(2)(A) of such Act, $174,780,000 shall be for Indian
tribes and tribal organizations.
social services block grant
For making grants to States pursuant to section 2002 of the Social
Security Act, $1,700,000,000: Provided, That notwithstanding
subparagraph (B) of section 404(d)(2) of such Act, the applicable
percent specified under such subparagraph for a State to carry out State
programs pursuant to title XX-A of such Act shall be 10 percent.
children and families services programs
For <<NOTE: Grants.>> carrying out, except as otherwise provided,
the Runaway and Homeless Youth Act, the Head Start Act, the Every
Student Succeeds Act, the Child Abuse Prevention and Treatment Act,
sections 303 and 313 of the Family Violence Prevention and Services Act,
the Native American Programs Act of 1974, title II of the Child Abuse
Prevention and Treatment and Adoption Reform Act of 1978 (adoption
opportunities), part B-1 of title IV and sections 429, 473A, 477(i),
1110, 1114A, and 1115 of the Social Security Act, and the Community
Services Block Grant Act (``CSBG Act''); and for necessary
administrative expenses to carry out titles I, IV, V, X, XI, XIV, XVI,
and XX-A of the Social Security Act, the Act of July 5, 1960, the Low-
Income Home Energy Assistance Act of 1981, the Child Care and
Development Block Grant Act of 1990, the Assets for Independence Act,
title IV of the Immigration and Nationality Act, and section 501 of the
Refugee Education Assistance Act of 1980, $12,876,652,000, of which
$75,000,000, to remain available through September 30, 2021, shall be
for grants to States for adoption and legal guardianship incentive
payments, as defined by section 473A of the Social Security Act and may
be made for adoptions and legal guardianships completed before September
30, 2020: Provided, That $10,613,095,000 shall be for making payments
under the Head Start Act, including for Early
[[Page 133 STAT. 2572]]
Head Start-Child Care Partnerships, and, of which, notwithstanding
section 640 of such Act:
(1) $193,000,000 shall be available for a cost of living
adjustment, and with respect to any continuing appropriations
act, funding available for a cost of living adjustment shall not
be construed as an authority or condition under this Act;
(2) $25,000,000 shall be available for allocation by the
Secretary to supplement activities described in paragraphs
(7)(B) and (9) of section 641(c) of the Head Start Act under the
Designation Renewal System, established under the authority of
sections 641(c)(7), 645A(b)(12), and 645A(d) of such Act, and
such funds shall not be included in the calculation of ``base
grant'' in subsequent fiscal years, as such term is used in
section 640(a)(7)(A) of such Act;
(3) $100,000,000, in addition to funds otherwise available
under such section 640 for such purposes, shall be available
through March 31, 2021 for new grants to entities defined as
eligible under section 645A(d) of such Act for Early Head Start
programs as described in section 645A of such Act, conversion of
Head Start services to Early Head Start services as described in
section 645(a)(5)(A) of such Act, and high quality infant and
toddler care through Early Head Start-Child Care Partnerships,
and for training and technical assistance for such activities;
(4) $250,000,000 shall be available for quality improvement
consistent with section 640(a)(5) of such Act except that any
amount of the funds may be used on any of the activities in such
section (5);
(5) $4,000,000 shall be available for the purposes of re-
establishing the Tribal Colleges and Universities Head Start
Partnership Program consistent with section 648(g) of such Act;
and
(6) $19,000,000 shall be available to supplement funding
otherwise available for research, evaluation, and Federal
administrative costs:
Provided further, That the Secretary may reduce the reservation of
funds under section 640(a)(2)(C) of such Act in lieu of reducing the
reservation of funds under sections 640(a)(2)(B), 640(a)(2)(D), and
640(a)(2)(E) of such Act: Provided further, That $275,000,000 shall be
available until December 31, 2020 for carrying out sections 9212 and
9213 of the Every Student Succeeds Act: Provided further, That up to 3
percent of the funds in the preceding proviso shall be available for
technical assistance and evaluation related to grants awarded under such
section 9212: Provided further, That $770,383,000 shall be for making
payments under the CSBG Act: Provided further, That $30,383,000 shall
be for section 680 of the CSBG Act, of which not less than $20,383,000
shall be for section 680(a)(2) and not less than $10,000,000 shall be
for section 680(a)(3)(B) of such Act: Provided further, That,
notwithstanding section 675C(a)(3) of such Act, to the extent Community
Services Block Grant funds are distributed as grant funds by a State to
an eligible entity as provided under such Act, and have not been
expended by such entity, they shall remain with such entity for
carryover into the next fiscal year for expenditure by such entity
consistent with program purposes: Provided
further, <<NOTE: Procedures. Time period. 42 USC 9921 note.>> That the
Secretary shall establish procedures regarding the disposition of
intangible assets and program income that permit such assets acquired
[[Page 133 STAT. 2573]]
with, and program income derived from, grant funds authorized under
section 680 of the CSBG Act to become the sole property of such grantees
after a period of not more than 12 years after the end of the grant
period for any activity consistent with section 680(a)(2)(A) of the CSBG
Act: Provided further, <<NOTE: 42 USC 9921 note.>> That intangible
assets in the form of loans, equity investments and other debt
instruments, and program income may be used by grantees for any eligible
purpose consistent with section 680(a)(2)(A) of the CSBG Act: Provided
further, <<NOTE: Applicability. 42 USC 9921 note.>> That these
procedures shall apply to such grant funds made available after November
29, 1999: Provided further, That funds appropriated for section
680(a)(2) of the CSBG Act shall be available for financing construction
and rehabilitation and loans or investments in private business
enterprises owned by community development corporations: Provided
further, That $175,000,000 shall be for carrying out section 303(a) of
the Family Violence Prevention and Services Act, of which $7,000,000
shall be allocated notwithstanding section 303(a)(2) of such Act for
carrying out section 309 of such Act: Provided further, That the
percentages specified in section 112(a)(2) of the Child Abuse Prevention
and Treatment Act shall not apply to funds appropriated under this
heading: Provided further, That $1,864,000 shall be for a human
services case management system for federally declared disasters, to
include a comprehensive national case management contract and Federal
costs of administering the system: Provided further, That up to
$2,000,000 shall be for improving the Public Assistance Reporting
Information System, including grants to States to support data
collection for a study of the system's effectiveness.
promoting safe and stable families
For carrying out, except as otherwise provided, section 436 of the
Social Security Act, $345,000,000 and, for carrying out, except as
otherwise provided, section 437 of such Act, $92,515,000: Provided,
That of the funds available to carry out section 437, $59,765,000 shall
be allocated consistent with subsections (b) through (d) of such
section: Provided further, That of the funds available to carry out
section 437, to assist in meeting the requirements described in section
471(e)(4)(C), $20,000,000 shall be for grants to each State, territory,
and Indian tribe operating title IV-E plans for developing, enhancing,
or evaluating kinship navigator programs, as described in section
427(a)(1) of such Act, $10,000,000, in addition to funds otherwise
appropriated in section 436 for such purposes, shall be for competitive
grants to regional partnerships as described in section 437(f), and
$2,750,000, in addition to funds otherwise appropriated in section 476
for such purposes, for the Family First
Clearinghouse: <<NOTE: Applicability.>> Provided further, That section
437(b)(1) shall be applied to amounts in the previous proviso by
substituting ``5 percent'' for ``3.3 percent'', and notwithstanding
section 436(b)(1), such reserved amounts may be used for identifying,
establishing, and disseminating practices to meet the criteria specified
in section 471(e)(4)(C): Provided further, That the reservation in
section 437(b)(2) and the limitations in section 437(d) shall not apply
to funds specified in the second proviso: Provided further, That the
minimum grant award for kinship navigator programs in the case of States
and territories shall be $200,000, and, in the case of tribes, shall be
$25,000.
[[Page 133 STAT. 2574]]
payments for foster care and permanency
For carrying out, except as otherwise provided, title IV-E of the
Social Security Act, $5,744,000,000.
For carrying out, except as otherwise provided, title IV-E of the
Social Security Act, for the first quarter of fiscal year 2021,
$3,000,000,000.
For carrying out, after May 31 of the current fiscal year, except as
otherwise provided, section 474 of title IV-E of the Social Security
Act, for the last 3 months of the current fiscal year for unanticipated
costs, incurred for the current fiscal year, such sums as may be
necessary.
Administration for Community Living
aging and disability services programs
(including transfer of funds)
For carrying out, to the extent not otherwise provided, the Older
Americans Act of 1965 (``OAA''), the RAISE Family Caregivers Act, the
Supporting Grandparents Raising Grandchildren Act, titles III and XXIX
of the PHS Act, sections 1252 and 1253 of the PHS Act, section 119 of
the Medicare Improvements for Patients and Providers Act of 2008, title
XX-B of the Social Security Act, the Developmental Disabilities
Assistance and Bill of Rights Act, parts 2 and 5 of subtitle D of title
II of the Help America Vote Act of 2002, the Assistive Technology Act of
1998, titles II and VII (and section 14 with respect to such titles) of
the Rehabilitation Act of 1973, and for Department-wide coordination of
policy and program activities that assist individuals with disabilities,
$2,171,000,000, together with $52,115,000 to be transferred from the
Federal Hospital Insurance Trust Fund and the Federal Supplementary
Medical Insurance Trust Fund to carry out section 4360 of the Omnibus
Budget Reconciliation Act of 1990: Provided, That amounts appropriated
under this heading may be used for grants to States under section 361 of
the OAA only for disease prevention and health promotion programs and
activities which have been demonstrated through rigorous evaluation to
be evidence-based and effective: Provided further, That of amounts made
available under this heading to carry out sections 311, 331, and 336 of
the OAA, up to one percent of such amounts shall be available for
developing and implementing evidence-based practices for enhancing
senior nutrition, including medically-tailored meals: Provided further,
That notwithstanding any other provision of this Act, funds made
available under this heading to carry out section 311 of the OAA may be
transferred to the Secretary of Agriculture in accordance with such
section: Provided further, That $2,000,000 shall be for competitive
grants to support alternative financing programs that provide for the
purchase of assistive technology devices, such as a low-interest loan
fund; an interest buy-down program; a revolving loan fund; a loan
guarantee; or an insurance program: Provided further, That applicants
shall provide an assurance that, and information describing the manner
in which, the alternative financing program will expand and emphasize
consumer choice and control: Provided further, That State agencies and
community-based disability organizations that are directed by and
operated for individuals with disabilities shall be eligible to compete:
Provided <<NOTE: Notice. Deadline.>> further, That
[[Page 133 STAT. 2575]]
none of the funds made available under this heading may be used by an
eligible system (as defined in section 102 of the Protection and
Advocacy for Individuals with Mental Illness Act (42 U.S.C. 10802)) to
continue to pursue any legal action in a Federal or State court on
behalf of an individual or group of individuals with a developmental
disability (as defined in section 102(8)(A) of the Developmental
Disabilities and Assistance and Bill of Rights Act of 2000 (20 U.S.C.
15002(8)(A)) that is attributable to a mental impairment (or a
combination of mental and physical impairments), that has as the
requested remedy the closure of State operated intermediate care
facilities for people with intellectual or developmental disabilities,
unless reasonable public notice of the action has been provided to such
individuals (or, in the case of mental incapacitation, the legal
guardians who have been specifically awarded authority by the courts to
make healthcare and residential decisions on behalf of such individuals)
who are affected by such action, within 90 days of instituting such
legal action, which informs such individuals (or such legal guardians)
of their legal rights and how to exercise such rights consistent with
current Federal Rules of Civil Procedure: Provided further, That the
limitations in the immediately preceding proviso shall not apply in the
case of an individual who is neither competent to consent nor has a
legal guardian, nor shall the proviso apply in the case of individuals
who are a ward of the State or subject to public guardianship.
Office of the Secretary
general departmental management
For necessary expenses, not otherwise provided, for general
departmental management, including hire of six passenger motor vehicles,
and for carrying out titles III, XVII, XXI, and section 229 of the PHS
Act, the United States-Mexico Border Health Commission Act, and research
studies under section 1110 of the Social Security Act, $479,629,000,
together with $64,828,000 from the amounts available under section 241
of the PHS Act to carry out national health or human services research
and evaluation activities: Provided, That of this amount, $53,900,000
shall be for minority AIDS prevention and treatment activities:
Provided further, That of the funds made available under this heading,
$101,000,000 shall be for making competitive contracts and grants to
public and private entities to fund medically accurate and age
appropriate programs that reduce teen pregnancy and for the Federal
costs associated with administering and evaluating such contracts and
grants, of which not more than 10 percent of the available funds shall
be for training and technical assistance, evaluation, outreach, and
additional program support activities, and of the remaining amount 75
percent shall be for replicating programs that have been proven
effective through rigorous evaluation to reduce teenage pregnancy,
behavioral risk factors underlying teenage pregnancy, or other
associated risk factors, and 25 percent shall be available for research
and demonstration grants to develop, replicate, refine, and test
additional models and innovative strategies for preventing teenage
pregnancy: Provided further, That of the amounts provided under this
heading from amounts available under section 241 of the PHS Act,
$6,800,000 shall be available
[[Page 133 STAT. 2576]]
to carry out evaluations (including longitudinal evaluations) of teenage
pregnancy prevention approaches: Provided further, That of the funds
made available under this heading, $35,000,000 shall be for making
competitive grants which exclusively implement education in sexual risk
avoidance (defined as voluntarily refraining from non-marital sexual
activity): Provided further, <<NOTE: Sexual risk avoidance.>> That
funding for such competitive grants for sexual risk avoidance shall use
medically accurate information referenced to peer-reviewed publications
by educational, scientific, governmental, or health organizations;
implement an evidence-based approach integrating research findings with
practical implementation that aligns with the needs and desired outcomes
for the intended audience; and teach the benefits associated with self-
regulation, success sequencing for poverty prevention, healthy
relationships, goal setting, and resisting sexual coercion, dating
violence, and other youth risk behaviors such as underage drinking or
illicit drug use without normalizing teen sexual activity: Provided
further, That no more than 10 percent of the funding for such
competitive grants for sexual risk avoidance shall be available for
technical assistance and administrative costs of such programs:
Provided further, <<NOTE: Embryo adoption.>> That funds provided in this
Act for embryo adoption activities may be used to provide to individuals
adopting embryos, through grants and other mechanisms, medical and
administrative services deemed necessary for such adoptions: Provided
further, That such services shall be provided consistent with 42 CFR
59.5(a)(4): Provided further, That of the funds made available under
this heading, $5,000,000 shall be for carrying out prize competitions
sponsored by the Office of the Secretary to accelerate innovation in the
prevention, diagnosis, and treatment of kidney diseases (as authorized
by section 24 of the Stevenson-Wydler Technology Innovation Act of 1980
(15 U.S.C. 3719)).
medicare hearings and appeals
For expenses necessary for Medicare hearings and appeals in the
Office of the Secretary, $191,881,000 shall remain available until
September 30, 2021, to be transferred in appropriate part from the
Federal Hospital Insurance Trust Fund and the Federal Supplementary
Medical Insurance Trust Fund.
office of the national coordinator for health information technology
For expenses necessary for the Office of the National Coordinator
for Health Information Technology, including grants, contracts, and
cooperative agreements for the development and advancement of
interoperable health information technology, $60,367,000.
office of inspector general
For expenses necessary for the Office of Inspector General,
including the hire of passenger motor vehicles for investigations, in
carrying out the provisions of the Inspector General Act of 1978,
$80,000,000: Provided, That of such amount, necessary sums shall be
available for providing protective services to the Secretary and
investigating non-payment of child support cases for which non-payment
is a Federal offense under 18 U.S.C. 228.
[[Page 133 STAT. 2577]]
office for civil rights
For expenses necessary for the Office for Civil Rights, $38,798,000.
retirement pay and medical benefits for commissioned officers
For retirement pay and medical benefits of Public Health Service
Commissioned Officers as authorized by law, for payments under the
Retired Serviceman's Family Protection Plan and Survivor Benefit Plan,
and for medical care of dependents and retired personnel under the
Dependents' Medical Care Act, such amounts as may be required during the
current fiscal year.
public health and social services emergency fund
For expenses necessary to support activities related to countering
potential biological, nuclear, radiological, chemical, and cybersecurity
threats to civilian populations, and for other public health
emergencies, $1,037,458,000, of which $561,700,000 shall remain
available through September 30, 2021, for expenses necessary to support
advanced research and development pursuant to section 319L of the PHS
Act and other administrative expenses of the Biomedical Advanced
Research and Development Authority: Provided, That funds provided under
this heading for the purpose of acquisition of security countermeasures
shall be in addition to any other funds available for such purpose:
Provided further, That products purchased with funds provided under this
heading may, at the discretion of the Secretary, be deposited in the
Strategic National Stockpile pursuant to section 319F-2 of the PHS Act:
Provided further, That $5,000,000 of the amounts made available to
support emergency operations shall remain available through September
30, 2022.
For expenses necessary for procuring security countermeasures (as
defined in section 319F-2(c)(1)(B) of the PHS Act), $735,000,000, to
remain available until expended.
For expenses necessary to carry out section 319F-2(a) of the PHS
Act, $705,000,000, to remain available until expended.
For an additional amount for expenses necessary to prepare for or
respond to an influenza pandemic, $260,000,000; of which $225,000,000
shall be available until expended, for activities including the
development and purchase of vaccine, antivirals, necessary medical
supplies, diagnostics, and other surveillance tools: Provided, That
notwithstanding section 496(b) of the PHS Act, funds may be used for the
construction or renovation of privately owned facilities for the
production of pandemic influenza vaccines and other biologics, if the
Secretary finds such construction or renovation necessary to secure
sufficient supplies of such vaccines or biologics.
General Provisions
Sec. 201. Funds appropriated in this title shall be available for
not to exceed $50,000 for official reception and representation expenses
when specifically approved by the Secretary.
Sec. 202. None of the funds appropriated in this title shall be
used to pay the salary of an individual, through a grant or
[[Page 133 STAT. 2578]]
other extramural mechanism, at a rate in excess of Executive Level II:
Provided, That none of the funds appropriated in this title shall be
used to prevent the NIH from paying up to 100 percent of the salary of
an individual at this rate.
Sec. 203. <<NOTE: Reports.>> None of the funds appropriated in
this Act may be expended pursuant to section 241 of the PHS Act, except
for funds specifically provided for in this Act, or for other taps and
assessments made by any office located in HHS, prior to the preparation
and submission of a report by the Secretary to the Committees on
Appropriations of the House of Representatives and the Senate detailing
the planned uses of such funds.
Sec. 204. <<NOTE: Determination. Evaluation.>> Notwithstanding
section 241(a) of the PHS Act, such portion as the Secretary shall
determine, but not more than 2.5 percent, of any amounts appropriated
for programs authorized under such Act shall be made available for the
evaluation (directly, or by grants or contracts) and the implementation
and effectiveness of programs funded in this title.
(transfer of funds)
Sec. 205. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control Act of
1985) which are appropriated for the current fiscal year for HHS in this
Act may be transferred between appropriations, but no such appropriation
shall be increased by more than 3 percent by any such transfer:
Provided, That the transfer authority granted by this section shall not
be used to create any new program or to fund any project or activity for
which no funds are provided in this Act: Provided
further, <<NOTE: Notification.>> That the Committees on Appropriations
of the House of Representatives and the Senate are notified at least 15
days in advance of any transfer.
Sec. 206. <<NOTE: Time period. Contracts.>> In lieu of the
timeframe specified in section 338E(c)(2) of the PHS Act, terminations
described in such section may occur up to 60 days after the effective
date of a contract awarded in fiscal year 2020 under section 338B of
such Act, or at any time if the individual who has been awarded such
contract has not received funds due under the contract.
Sec. 207. <<NOTE: Certification. Family planning. Children and
youth.>> None of the funds appropriated in this Act may be made
available to any entity under title X of the PHS Act unless the
applicant for the award certifies to the Secretary that it encourages
family participation in the decision of minors to seek family planning
services and that it provides counseling to minors on how to resist
attempts to coerce minors into engaging in sexual activities.
Sec. 208. <<NOTE: Child abuse.>> Notwithstanding any other
provision of law, no provider of services under title X of the PHS Act
shall be exempt from any State law requiring notification or the
reporting of child abuse, child molestation, sexual abuse, rape, or
incest.
Sec. 209. <<NOTE: Abortion.>> None of the funds appropriated by
this Act (including funds appropriated to any trust fund) may be used to
carry out the Medicare Advantage program if the Secretary denies
participation in such program to an otherwise eligible entity (including
a Provider Sponsored Organization) because the entity informs the
Secretary that it will not provide, pay for, provide coverage of, or
provide referrals for abortions: Provided, That the Secretary shall
make appropriate prospective adjustments to the capitation payment to
such an entity (based on an actuarially sound estimate
[[Page 133 STAT. 2579]]
of the expected costs of providing the service to such entity's
enrollees): Provided further, That nothing in this section shall be
construed to change the Medicare program's coverage for such services
and a Medicare Advantage organization described in this section shall be
responsible for informing enrollees where to obtain information about
all Medicare covered services.
Sec. 210. <<NOTE: Gun control.>> None of the funds made available
in this title may be used, in whole or in part, to advocate or promote
gun control.
Sec. 211. <<NOTE: Government employees. Children and youth. AIDS.>>
The Secretary shall make available through assignment not more than 60
employees of the Public Health Service to assist in child survival
activities and to work in AIDS programs through and with funds provided
by the Agency for International Development, the United Nations
International Children's Emergency Fund or the World Health
Organization.
Sec. 212. In order for HHS to carry out international health
activities, including HIV/AIDS and other infectious disease, chronic and
environmental disease, and other health activities abroad during fiscal
year 2020:
(1) The Secretary may exercise authority equivalent to that
available to the Secretary of State in section 2(c) of the State
Department Basic Authorities Act of
1956. <<NOTE: Consultation.>> The Secretary shall consult with
the Secretary of State and relevant Chief of Mission to ensure
that the authority provided in this section is exercised in a
manner consistent with section 207 of the Foreign Service Act of
1980 and other applicable statutes administered by the
Department of State.
(2) The Secretary is authorized to provide such funds by
advance or reimbursement to the Secretary of State as may be
necessary to pay the costs of acquisition, lease, alteration,
renovation, and management of facilities outside of the United
States for the use of HHS. The Department of State shall
cooperate fully with the Secretary to ensure that HHS has
secure, safe, functional facilities that comply with applicable
regulation governing location, setback, and other facilities
requirements and serve the purposes established by this Act. The
Secretary <<NOTE: Consultation. Grants. Contracts.>> is
authorized, in consultation with the Secretary of State, through
grant or cooperative agreement, to make available to public or
nonprofit private institutions or agencies in participating
foreign countries, funds to acquire, lease, alter, or renovate
facilities in those countries as necessary to conduct programs
of assistance for international health activities, including
activities relating to HIV/AIDS and other infectious diseases,
chronic and environmental diseases, and other health activities
abroad.
(3) The Secretary is authorized to provide to personnel
appointed or assigned by the Secretary to serve abroad,
allowances and benefits similar to those provided under chapter
9 of title I of the Foreign Service Act of 1980, and 22 U.S.C.
4081 through 4086 and subject to such regulations prescribed by
the Secretary. The Secretary is further authorized to provide
locality-based comparability payments (stated as a percentage)
up to the amount of the locality-based comparability payment
(stated as a percentage) that would be payable to such personnel
under section 5304 of title 5, United States Code if such
personnel's official duty station were in the District of
Columbia. Leaves of absence for personnel under this subsection
shall be on the same basis as that provided under subchapter
[[Page 133 STAT. 2580]]
I of chapter 63 of title 5, United States Code, or section 903
of the Foreign Service Act of 1980, to individuals serving in
the Foreign Service.
(transfer of funds)
Sec. 213. The Director of the NIH, jointly with the Director of the
Office of AIDS Research, may transfer up to 3 percent among institutes
and centers from the total amounts identified by these two Directors as
funding for research pertaining to the human immunodeficiency virus:
Provided, <<NOTE: Notification.>> That the Committees on Appropriations
of the House of Representatives and the Senate are notified at least 15
days in advance of any transfer.
(transfer of funds)
Sec. 214. Of the amounts made available in this Act for NIH, the
amount for research related to the human immunodeficiency virus, as
jointly determined by the Director of NIH and the Director of the Office
of AIDS Research, shall be made available to the ``Office of AIDS
Research'' account. The Director of the Office of AIDS Research shall
transfer from such account amounts necessary to carry out section
2353(d)(3) of the PHS Act.
Sec. 215. (a) Authority.--Notwithstanding any other provision of
law, the Director of NIH (``Director'') may use funds authorized under
section 402(b)(12) of the PHS Act to enter into transactions (other than
contracts, cooperative agreements, or grants) to carry out research
identified pursuant to or research and activities described in such
section 402(b)(12).
(b) Peer Review.--
In <<NOTE: Procedures. Consultation. Assessments.>> entering into
transactions under subsection (a), the Director may utilize such peer
review procedures (including consultation with appropriate scientific
experts) as the Director determines to be appropriate to obtain
assessments of scientific and technical merit. <<NOTE: Applicability.>>
Such procedures shall apply to such transactions in lieu of the peer
review and advisory council review procedures that would otherwise be
required under sections 301(a)(3), 405(b)(1)(B), 405(b)(2),
406(a)(3)(A), 492, and 494 of the PHS Act.
Sec. 216. Not to exceed $45,000,000 of funds appropriated by this
Act to the institutes and centers of the National Institutes of Health
may be used for alteration, repair, or improvement of facilities, as
necessary for the proper and efficient conduct of the activities
authorized herein, at not to exceed $3,500,000 per project.
(transfer of funds)
Sec. 217. Of the amounts made available for NIH, 1 percent of the
amount made available for National Research Service Awards (``NRSA'')
shall be made available to the Administrator of the Health Resources and
Services Administration to make NRSA awards for research in primary
medical care to individuals affiliated with entities who have received
grants or contracts under sections 736, 739, or 747 of the PHS Act, and
1 percent of the amount made available for NRSA shall be made available
to the Director of the Agency for Healthcare Research and Quality to
make NRSA awards for health service research.
Sec. 218. <<NOTE: Contracts.>> (a) The Biomedical Advanced Research
and Development Authority (``BARDA'') may enter into a contract, for
more
[[Page 133 STAT. 2581]]
than one but no more than 10 program years, for purchase of research
services or of security countermeasures, as that term is defined in
section 319F-2(c)(1)(B) of the PHS Act (42 U.S.C. 247d-6b(c)(1)(B)),
if--
(1) funds are available and obligated--
(A) for the full period of the contract or for the
first fiscal year in which the contract is in effect;
and
(B) for the estimated costs associated with a
necessary termination of the contract; and
(2) <<NOTE: Determination.>> the Secretary determines that
a multi-year contract will serve the best interests of the
Federal Government by encouraging full and open competition or
promoting economy in administration, performance, and operation
of BARDA's programs.
(b) A contract entered into under this section--
(1) shall include a termination clause as described by
subsection (c) of section 3903 of title 41, United States Code;
and
(2) shall be subject to the congressional notice requirement
stated in subsection (d) of such section.
Sec. 219. <<NOTE: Publication. Web posting.>> (a) The Secretary
shall publish in the fiscal year 2021 budget justification and on
Departmental Web sites information concerning the employment of full-
time equivalent Federal employees or contractors for the purposes of
implementing, administering, enforcing, or otherwise carrying out the
provisions of the ACA, and the amendments made by that Act, in the
proposed fiscal year and each fiscal year since the enactment of the
ACA.
(b) With respect to employees or contractors supported by all funds
appropriated for purposes of carrying out the ACA (and the amendments
made by that Act), the Secretary shall include, at a minimum, the
following information:
(1) For each such fiscal year, the section of such Act under
which such funds were appropriated, a statement indicating the
program, project, or activity receiving such funds, the Federal
operating division or office that administers such program, and
the amount of funding received in discretionary or mandatory
appropriations.
(2) For each such fiscal year, the number of full-time
equivalent employees or contracted employees assigned to each
authorized and funded provision detailed in accordance with
paragraph (1).
(c) In carrying out this section, the Secretary may exclude from the
report employees or contractors who--
(1) are supported through appropriations enacted in laws
other than the ACA and work on programs that existed prior to
the passage of the ACA;
(2) spend less than 50 percent of their time on activities
funded by or newly authorized in the ACA; or
(3) work on contracts for which FTE reporting is not a
requirement of their contract, such as fixed-price contracts.
Sec. 220. <<NOTE: Publication.>> The Secretary shall publish, as
part of the fiscal year 2021 budget of the President submitted under
section 1105(a) of title 31, United States Code, information that
details the uses of all funds used by the Centers for Medicare &
Medicaid Services specifically for Health Insurance Exchanges for each
fiscal year since the enactment of the ACA and the proposed uses for
such funds for fiscal year 2021. Such information shall include, for
each
[[Page 133 STAT. 2582]]
such fiscal year, the amount of funds used for each activity specified
under the heading ``Health Insurance Exchange Transparency'' in the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act).
Sec. 221. None of the funds made available by this Act from the
Federal Hospital Insurance Trust Fund or the Federal Supplemental
Medical Insurance Trust Fund, or transferred from other accounts funded
by this Act to the ``Centers for Medicare & Medicaid Services--Program
Management'' account, may be used for payments under section 1342(b)(1)
of Public Law 111-148 (relating to risk corridors).
(transfer of funds)
Sec. 222. <<NOTE: Deadline.>> (a) Within 45 days of enactment of
this Act, the Secretary shall transfer funds appropriated under section
4002 of the ACA to the accounts specified, in the amounts specified, and
for the activities specified under the heading ``Prevention and Public
Health Fund'' in the explanatory statement described in section 4 (in
the matter preceding division A of this consolidated Act).
(b) Notwithstanding section 4002(c) of the ACA, the Secretary may
not further transfer these amounts.
(c) Funds transferred for activities authorized under section 2821
of the PHS Act shall be made available without reference to section
2821(b) of such Act.
Sec. 223. <<NOTE: Time period.>> Effective during the period
beginning on November 1, 2015 and ending January 1, 2022, any provision
of law that refers (including through cross-reference to another
provision of law) to the current recommendations of the United States
Preventive Services Task Force with respect to breast cancer screening,
mammography, and prevention shall be administered by the Secretary
involved as if--
(1) such reference to such current recommendations were a
reference to the recommendations of such Task Force with respect
to breast cancer screening, mammography, and prevention last
issued before 2009; and
(2) such recommendations last issued before 2009 applied to
any screening mammography modality under section 1861(jj) of the
Social Security Act (42 U.S.C. 1395x(jj)).
Sec. 224. <<NOTE: Applicability.>> In making Federal financial
assistance, the provisions relating to indirect costs in part 75 of
title 45, Code of Federal Regulations, including with respect to the
approval of deviations from negotiated rates, shall continue to apply to
the National Institutes of Health to the same extent and in the same
manner as such provisions were applied in the third quarter of fiscal
year 2017. None of the funds appropriated in this or prior Acts or
otherwise made available to the Department of Health and Human Services
or to any department or agency may be used to develop or implement a
modified approach to such provisions, or to intentionally or
substantially expand the fiscal effect of the approval of such
deviations from negotiated rates beyond the proportional effect of such
approvals in such quarter.
[[Page 133 STAT. 2583]]
(transfer of funds)
Sec. 225. <<NOTE: Drugs and drug abuse. Time
period. Notification.>> The NIH Director may transfer funds
specifically appropriated for opioid addiction, opioid alternatives,
pain management, and addiction treatment to other Institutes and Centers
of the NIH to be used for the same purpose 15 days after notifying the
Committees on Appropriations: Provided, That the transfer authority
provided in the previous proviso is in addition to any other transfer
authority provided by law.
Sec. 226. (a) The Secretary shall provide to the Committees on
Appropriations of the House of Representatives and the Senate:
(1) Detailed monthly enrollment figures from the Exchanges
established under the Patient Protection and Affordable Care Act
of 2010 pertaining to enrollments during the open enrollment
period; and
(2) <<NOTE: Notification.>> Notification of any new or
competitive grant awards, including supplements, authorized
under section 330 of the Public Health Service Act.
(b) <<NOTE: Notification. Time period.>> The Committees on
Appropriations of the House and Senate must be notified at least 2
business days in advance of any public release of enrollment information
or the award of such grants.
Sec. 227. In addition to the amounts otherwise available for
``Centers for Medicare & Medicaid Services, Program Management'', the
Secretary of Health and Human Services may transfer up to $305,000,000
to such account from the Federal Hospital Insurance Trust Fund and the
Federal Supplementary Medical Insurance Trust Fund to support program
management activity related to the Medicare Program: Provided, That
except for the foregoing purpose, such funds may not be used to support
any provision of Public Law 111-148 or Public Law 111-152 (or any
amendment made by either such Public Law) or to supplant any other
amounts within such account.
Sec. 228. <<NOTE: Reports.>> The Department of Health and Human
Services shall provide the Committees on Appropriations of the House of
Representatives and Senate a biannual report 30 days after enactment of
this Act on staffing described in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated Act).
Sec. 229. Funds appropriated in this Act that are available for
salaries and expenses of employees of the Department of Health and Human
Services shall also be available to pay travel and related expenses of
such an employee or of a member of his or her family, when such employee
is assigned to duty, in the United States or in a U.S. territory, during
a period and in a location that are the subject of a determination of a
public health emergency under section 319 of the Public Health Service
Act and such travel is necessary to obtain medical care for an illness,
injury, or medical condition that cannot be adequately addressed in that
location at that time. <<NOTE: Definition. Territories.>> For purposes
of this section, the term ``U.S. territory'' means Guam, the
Commonwealth of Puerto Rico, the Northern Mariana Islands, the Virgin
Islands, American Samoa, or the Trust Territory of the Pacific Islands.
Sec. 230. The Department of Health and Human Services may accept
donations from the private sector, nongovernmental organizations, and
other groups independent of the Federal Government for the care of
unaccompanied alien children (as defined in section 462(g)(2) of the
Homeland Security Act of 2002 (6 U.S.C.
[[Page 133 STAT. 2584]]
279(g)(2))) in the care of the Office of Refugee Resettlement of the
Administration for Children and Families, including medical goods and
services, which may include early childhood developmental screenings,
school supplies, toys, clothing, and any other items intended to promote
the wellbeing of such children.
Sec. 231. <<NOTE: Aliens. Children and youth.>> (a) None of the
funds provided by this or any prior appropriations Act may be used to
reverse changes in procedures made by operational directives issued to
providers by the Office of Refugee Resettlement on December 18, 2018,
March 23, 2019, and June 10, 2019 regarding the Memorandum of Agreement
on Information Sharing executed April 13, 2018.
(b) <<NOTE: Determination.>> Notwithstanding subsection (a), the
Secretary may make changes to such operational directives upon making a
determination that such changes are necessary to prevent unaccompanied
alien children from being placed in danger, and the Secretary shall
provide a written justification to Congress and the Inspector General of
the Department of Health and Human Services in advance of implementing
such changes.
(c) <<NOTE: Deadline. Assessment.>> Within 15 days of the
Secretary's communication of the justification, the Inspector General of
the Department of Health and Human Services shall provide an assessment,
in writing, to the Secretary and to Committees on Appropriations of the
House of Representatives and the Senate of whether such changes to
operational directives are necessary to prevent unaccompanied children
from being placed in danger.
Sec. 232. <<NOTE: Aliens. Children and youth. Determination.>>
None of the funds made available in this Act under the heading
``Department of Health and Human Services--Administration for Children
and Families--Refugee and Entrant Assistance'' may be obligated to a
grantee or contractor to house unaccompanied alien children (as such
term is defined in section 462(g)(2) of the Homeland Security Act of
2002 (6 U.S.C. 279(g)(2))) in any facility that is not State-licensed
for the care of unaccompanied alien children, except in the case that
the Secretary determines that housing unaccompanied alien children in
such a facility is necessary on a temporary basis due to an influx of
such children or an emergency, provided that--
(1) <<NOTE: Time period. Requirements. Compliance.>> the
terms of the grant or contract for the operations of any such
facility that remains in operation for more than six consecutive
months shall require compliance with--
(A) <<NOTE: Determination.>> the same requirements
as licensed placements, as listed in Exhibit 1 of the
Flores Settlement Agreement that the Secretary
determines are applicable to non-State licensed
facilities; and
(B) staffing ratios of one (1) on-duty Youth Care
Worker for every eight (8) children or youth during
waking hours, one (1) on-duty Youth Care Worker for
every sixteen (16) children or youth during sleeping
hours, and clinician ratios to children (including
mental health providers) as required in grantee
cooperative agreements;
(2) <<NOTE: Time period. Waiver
authority. Certification. Reports.>> the Secretary may grant a
60-day waiver for a contractor's or grantee's non-compliance
with paragraph (1) if the Secretary certifies and provides a
report to Congress on the contractor's or grantee's good-faith
efforts and progress towards compliance;
(3) not more than four consecutive waivers under paragraph
(2) may be granted to a contractor or grantee with respect to a
specific facility;
[[Page 133 STAT. 2585]]
(4) ORR shall ensure full adherence to the monitoring
requirements set forth in section 5.5 of its Policies and
Procedures Guide as of May 15, 2019;
(5) <<NOTE: Time periods.>> for any such unlicensed
facility in operation for more than three consecutive months,
ORR shall conduct a minimum of one comprehensive monitoring
visit during the first three months of operation, with quarterly
monitoring visits thereafter; and
(6) <<NOTE: Deadline. Briefing.>> not later than 60 days
after the date of enactment of this Act, ORR shall brief the
Committees on Appropriations of the House of Representatives and
the Senate outlining the requirements of ORR for influx
facilities including any requirement listed in paragraph (1)(A)
that the Secretary has determined are not applicable to non-
State licensed facilities.
Sec. 233. <<NOTE: Notification. Time
period. Analysis. Aliens. Children and youth. 6 USC 279 note.>> In
addition to the existing Congressional notification for formal site
assessments of potential influx facilities, the Secretary shall notify
the Committees on Appropriations of the House of Representatives and the
Senate at least 15 days before operationalizing an unlicensed facility,
and shall (1) specify whether the facility is hard-sided or soft-sided,
and (2) provide analysis that indicates that, in the absence of the
influx facility, the likely outcome is that unaccompanied alien children
will remain in the custody of the Department of Homeland Security for
longer than 72 hours or that unaccompanied alien children will be
otherwise placed in danger. <<NOTE: Reports. Time periods.>> Within 60
days of bringing such a facility online, and monthly thereafter, the
Secretary shall provide to the Committees on Appropriations of the House
of Representatives and the Senate a report detailing the total number of
children in care at the facility, the average length of stay and average
length of care of children at the facility, and, for any child that has
been at the facility for more than 60 days, their length of stay and
reason for delay in release.
Sec. 234. <<NOTE: Congress. Aliens. Children and youth. Time
period.>> None of the funds made available in this Act may be used to
prevent a United States Senator or Member of the House of
Representatives from entering, for the purpose of conducting oversight,
any facility in the United States used for the purpose of maintaining
custody of, or otherwise housing, unaccompanied alien children (as
defined in section 462(g)(2) of the Homeland Security Act of 2002 (6
U.S.C. 279(g)(2))), provided that such Senator or Member has coordinated
the oversight visit with the Office of Refugee Resettlement not less
than two business days in advance to ensure that such visit would not
interfere with the operations (including child welfare and child safety
operations) of such facility.
Sec. 235. <<NOTE: Public information. Web
posting. Reports. Aliens. Children and youth. 6 USC 279 note.>> Not
later than 14 days after the date of enactment of this Act, and monthly
thereafter, the Secretary shall submit to the Committees on
Appropriations of the House of Representatives and the Senate, and make
publicly available online, a report with respect to children who were
separated from their parents or legal guardians by the Department of
Homeland Security (DHS) (regardless of whether or not such separation
was pursuant to an option selected by the children, parents, or
guardians), subsequently classified as unaccompanied alien children, and
transferred to the care and custody of ORR during the previous month.
Each report shall contain the following information:
[[Page 133 STAT. 2586]]
(1) the number and ages of children so separated subsequent
to apprehension at or between ports of entry, to be reported by
sector where separation occurred; and
(2) the documented cause of separation, as reported by DHS
when each child was referred.
Sec. 236. Funds appropriated in this Act that are available for
salaries and expenses of employees of the Centers for Disease Control
and Prevention shall also be available for the primary and secondary
schooling of eligible dependents of personnel stationed in a U.S.
territory as defined in section 229 of this Act at costs not in excess
of those paid for or reimbursed by the Department of Defense.
Sec. 237. Of the unobligated balances available in the
``Nonrecurring Expenses Fund'' established in section 223 of division G
of Public Law 110-161, $225,000,000, in addition to any funds otherwise
made available for such purpose in this or subsequent fiscal years,
shall be available for buildings and facilities at the National
Institutes of Health.
Sec. 238. Of the unobligated balances available in the
``Nonrecurring Expenses Fund'' established in section 223 of division G
of Public Law 110-161, $225,000,000, shall be available for acquisition
of real property, equipment, construction, demolition, installation,
renovation of facilities, and related infrastructure improvements for
the Centers for Disease Control and Prevention's Chamblee Campus.
Sec. 239. Of the funds provided under the heading ``CDC-Wide
Activities and Program Support'', $85,000,000, to remain available until
expended, shall be available to the Director of the CDC for deposit in
the Infectious Diseases Rapid Response Reserve Fund established by
section 231 of division B of Public Law 115-245:
Provided, <<NOTE: Ebola.>> That such amount may be available for Ebola
preparedness and response activities without regard to the limitations
in the third proviso in such section 231.
(rescission)
Sec. 240. <<NOTE: Deadline.>> Of the unobligated balances in the
``Nonrecurring Expenses Fund'' established in section 223 of division G
of Public Law 110-161, $350,000,000 are hereby rescinded not later than
September 30, 2020.
This title may be cited as the ``Department of Health and Human
Services Appropriations Act, 2020''.
TITLE III <<NOTE: Department of Education Appropriations Act, 2020.>>
DEPARTMENT OF EDUCATION
Education for the Disadvantaged
For carrying out title I and subpart 2 of part B of title II of the
Elementary and Secondary Education Act of 1965 (referred to in this Act
as ``ESEA'') and section 418A of the Higher Education Act of 1965
(referred to in this Act as ``HEA''), $16,996,790,000, of which
$6,077,990,000 shall become available on July 1, 2020, and shall remain
available through September 30, 2021, and of which $10,841,177,000 shall
become available on October 1, 2020, and shall remain available through
September 30, 2021, for academic year 2020-2021: Provided, That
$6,459,401,000 shall be for
[[Page 133 STAT. 2587]]
basic grants under section 1124 of the ESEA: Provided further, That up
to $5,000,000 of these funds shall be available to the Secretary of
Education (referred to in this title as ``Secretary'') on October 1,
2019, to obtain annually updated local educational agency-level census
poverty data from the Bureau of the Census: Provided further, That
$1,362,301,000 shall be for concentration grants under section 1124A of
the ESEA: Provided further, That $4,244,050,000 shall be for targeted
grants under section 1125 of the ESEA: Provided further, That
$4,244,050,000 shall be for education finance incentive grants under
section 1125A of the ESEA: Provided further, That $219,000,000 shall be
for carrying out subpart 2 of part B of title II: Provided further,
That $45,623,000 shall be for carrying out section 418A of the HEA.
Impact Aid
For carrying out programs of financial assistance to federally
affected schools authorized by title VII of the ESEA, $1,486,112,000, of
which $1,340,242,000 shall be for basic support payments under section
7003(b), $48,316,000 shall be for payments for children with
disabilities under section 7003(d), $17,406,000 shall be for
construction under section 7007(a), $75,313,000 shall be for Federal
property payments under section 7002, and $4,835,000, to remain
available until expended, shall be for facilities maintenance under
section 7008: Provided, That for purposes of computing the amount of a
payment for an eligible local educational agency under section 7003(a)
for school year 2019-2020, children enrolled in a school of such agency
that would otherwise be eligible for payment under section 7003(a)(1)(B)
of such Act, but due to the deployment of both parents or legal
guardians, or a parent or legal guardian having sole custody of such
children, or due to the death of a military parent or legal guardian
while on active duty (so long as such children reside on Federal
property as described in section 7003(a)(1)(B)), are no longer eligible
under such section, shall be considered as eligible students under such
section, provided such students remain in average daily attendance at a
school in the same local educational agency they attended prior to their
change in eligibility status.
School Improvement Programs
For carrying out school improvement activities authorized by part B
of title I, part A of title II, subpart 1 of part A of title IV, part B
of title IV, part B of title V, and parts B and C of title VI of the
ESEA; the McKinney-Vento Homeless Assistance Act; section 203 of the
Educational Technical Assistance Act of 2002; the Compact of Free
Association Amendments Act of 2003; and the Civil Rights Act of 1964,
$5,404,967,000, of which $3,575,402,000 shall become available on July
1, 2020, and remain available through September 30, 2021, and of which
$1,681,441,000 shall become available on October 1, 2020, and shall
remain available through September 30, 2021, for academic year 2020-
2021: Provided, That $378,000,000 shall be for part B of title I:
Provided further, That $1,249,673,000 shall be for part B of title IV:
Provided further, That $36,897,000 <<NOTE: Applicability.>> shall be for
part B of title VI, which may be used for construction, renovation, and
modernization of any public elementary school, secondary school, or
structure related to a public elementary school or secondary school that
serves a
[[Page 133 STAT. 2588]]
predominantly Native Hawaiian student body, and that the 5 percent
limitation in section 6205(b) of the ESEA on the use of funds for
administrative purposes shall apply only to direct administrative costs:
Provided further, <<NOTE: Applicability.>> That $35,953,000 shall be
for part C of title VI, which shall be awarded on a competitive basis,
and may be used for construction, and that the 5 percent limitation in
section 6305 of the ESEA on the use of funds for administrative purposes
shall apply only to direct administrative costs: Provided further, That
$52,000,000 shall be available to carry out section 203 of the
Educational Technical Assistance Act of 2002 and the Secretary shall
make such arrangements as determined to be necessary to ensure that the
Bureau of Indian Education has access to services provided under this
section: Provided further, That $16,699,000 shall be available to carry
out the Supplemental Education Grants program for the Federated States
of Micronesia and the Republic of the Marshall Islands: Provided
further, That the Secretary may reserve up to 5 percent of the amount
referred to in the previous proviso to provide technical assistance in
the implementation of these grants: Provided further, That $185,840,000
shall be for part B of title V: Provided further, That $1,210,000,000
shall be available for grants under subpart 1 of part A of title IV.
Indian Education
For expenses necessary to carry out, to the extent not otherwise
provided, title VI, part A of the ESEA, $180,739,000, of which
$67,993,000 shall be for subpart 2 of part A of title VI and $7,365,000
shall be for subpart 3 of part A of title VI: Provided, That
the <<NOTE: Applicability.>> 5 percent limitation in sections 6115(d),
6121(e), and 6133(g) of the ESEA on the use of funds for administrative
purposes shall apply only to direct administrative costs.
Innovation and Improvement
For carrying out activities authorized by subparts 1, 3 and 4 of
part B of title II, and parts C, D, and E and subparts 1 and 4 of part F
of title IV of the ESEA, $1,103,815,000: Provided, That $284,815,000
shall be for subparts 1, 3 and 4 of part B of title II and shall be made
available without regard to sections 2201, 2231(b) and 2241: Provided
further, That $629,000,000 shall be for parts C, D, and E and subpart 4
of part F of title IV, and shall be made available without regard to
sections 4311, 4409(a), and 4601 of the ESEA: Provided further, That
section 4303(d)(3)(A)(i) shall not apply to the funds available for part
C of title IV: Provided further, That of the funds available for part C
of title IV, the Secretary shall use $60,000,000 to carry out section
4304, of which not more than $10,000,000 shall be available to carry out
section 4304(k), $140,000,000, to remain available through March 31,
2021, to carry out section 4305(b), and not more than $15,000,000 to
carry out the activities in section 4305(a)(3): Provided further, That
notwithstanding section 4601(b), $190,000,000 shall be available through
December 31, 2020 for subpart 1 of part F of title IV.
[[Page 133 STAT. 2589]]
Safe Schools and Citizenship Education
For carrying out activities authorized by subparts 2 and 3 of part F
of title IV of the ESEA, $210,000,000: Provided, That $105,000,000
shall be available for section 4631, of which up to $5,000,000, to
remain available until expended, shall be for the Project School
Emergency Response to Violence (Project SERV) program: Provided
further, That $25,000,000 shall be available for section 4625: Provided
further, <<NOTE: Extension.>> That $80,000,000 shall be available
through December 31, 2020, for section 4624, of which $6,000,000 shall
be for additional two-year extension awards to grantees that received
such awards in fiscal year 2018.
English Language Acquisition
For carrying out part A of title III of the ESEA, $787,400,000,
which shall become available on July 1, 2020, and shall remain available
through September 30, 2021, except that 6.5 percent of such amount shall
be available on October 1, 2019, and shall remain available through
September 30, 2021, to carry out activities under section 3111(c)(1)(C).
Special Education <<NOTE: State and local governments.>>
For carrying out the Individuals with Disabilities Education Act
(IDEA) and the Special Olympics Sport and Empowerment Act of 2004,
$13,885,228,000, of which $4,352,129,000 shall become available on July
1, 2020, and shall remain available through September 30, 2021, and of
which $9,283,383,000 shall become available on October 1, 2020, and
shall remain available through September 30, 2021, for academic year
2020-2021: Provided, That the amount for section 611(b)(2) of the IDEA
shall be equal to the lesser of the amount available for that activity
during fiscal year 2019, increased by the amount of inflation as
specified in section 619(d)(2)(B) of the IDEA, or the percent change in
the funds appropriated under section 611(i) of the IDEA, but not less
than the amount for that activity during fiscal year 2019: Provided
further, That the Secretary shall, without regard to section 611(d) of
the IDEA, distribute to all other States (as that term is defined in
section 611(g)(2)), subject to the third proviso, any amount by which a
State's allocation under section 611, from funds appropriated under this
heading, is reduced under section 612(a)(18)(B), according to the
following: 85 percent on the basis of the States' relative populations
of children aged 3 through 21 who are of the same age as children with
disabilities for whom the State ensures the availability of a free
appropriate public education under this part, and 15 percent to States
on the basis of the States' relative populations of those children who
are living in poverty: Provided further, That the Secretary may not
distribute any funds under the previous proviso to any State whose
reduction in allocation from funds appropriated under this heading made
funds available for such a distribution: Provided further, That the
States shall allocate such funds distributed under the second proviso to
local educational agencies in accordance with section 611(f): Provided
further, <<NOTE: 20 USC 1411 note.>> That the amount by which a State's
allocation under section 611(d) of the IDEA is reduced under section
612(a)(18)(B) and the amounts distributed to States under the previous
provisos in fiscal year 2012 or any subsequent year shall not be
considered
[[Page 133 STAT. 2590]]
in calculating the awards under section 611(d) for fiscal year 2013 or
for any subsequent fiscal years: Provided
further, <<NOTE: Applicability. Time period.>> That, notwithstanding
the provision in section 612(a)(18)(B) regarding the fiscal year in
which a State's allocation under section 611(d) is reduced for failure
to comply with the requirement of section 612(a)(18)(A), the Secretary
may apply the reduction specified in section 612(a)(18)(B) over a period
of consecutive fiscal years, not to exceed five, until the entire
reduction is applied: Provided further, <<NOTE: 20 USC 1411 note.>>
That the Secretary may, in any fiscal year in which a State's allocation
under section 611 is reduced in accordance with section 612(a)(18)(B),
reduce the amount a State may reserve under section 611(e)(1) by an
amount that bears the same relation to the maximum amount described in
that paragraph as the reduction under section 612(a)(18)(B) bears to the
total allocation the State would have received in that fiscal year under
section 611(d) in the absence of the reduction: Provided
further, <<NOTE: 20 USC 1411 note.>> That the Secretary shall either
reduce the allocation of funds under section 611 for any fiscal year
following the fiscal year for which the State fails to comply with the
requirement of section 612(a)(18)(A) as authorized by section
612(a)(18)(B), or seek to recover funds under section 452 of the General
Education Provisions Act (20 U.S.C. 1234a): Provided further, That the
funds reserved under 611(c) of the IDEA may be used to provide technical
assistance to States to improve the capacity of the States to meet the
data collection requirements of sections 616 and 618 and to administer
and carry out other services and activities to improve data collection,
coordination, quality, and use under parts B and C of the IDEA:
Provided further, That <<NOTE: Evaluation.>> the Secretary may use
funds made available for the State Personnel Development Grants program
under part D, subpart 1 of IDEA to evaluate program performance under
such subpart: Provided further, <<NOTE: Grants.>> That States may use
funds reserved for other State-level activities under sections 611(e)(2)
and 619(f) of the IDEA to make subgrants to local educational agencies,
institutions of higher education, other public agencies, and private
non-profit organizations to carry out activities authorized by those
sections: Provided further, <<NOTE: Grants.>> That, notwithstanding
section 643(e)(2)(A) of the IDEA, if 5 or fewer States apply for grants
pursuant to section 643(e) of such Act, the Secretary shall provide a
grant to each State in an amount equal to the maximum amount described
in section 643(e)(2)(B) of such Act: Provided further, That if more
than 5 States apply for grants pursuant to section 643(e) of the IDEA,
the Secretary shall award funds to those States on the basis of the
States' relative populations of infants and toddlers except that no such
State shall receive a grant in excess of the amount described in section
643(e)(2)(B) of such Act.
Rehabilitation Services
For carrying out, to the extent not otherwise provided, the
Rehabilitation Act of 1973 and the Helen Keller National Center Act,
$3,747,739,000, of which $3,610,040,000 shall be for grants for
vocational rehabilitation services under title I of the Rehabilitation
Act: Provided, That the Secretary may use amounts provided in this Act
that remain available subsequent to the reallotment of funds to States
pursuant to section 110(b) of the Rehabilitation Act for innovative
activities aimed at improving the outcomes of individuals with
disabilities as defined in section 7(20)(B) of the
[[Page 133 STAT. 2591]]
Rehabilitation Act, including activities aimed at improving the
education and post-school outcomes of children receiving Supplemental
Security Income (``SSI'') and their families that may result in long-
term improvement in the SSI child recipient's economic status and self-
sufficiency: Provided further, That States may award subgrants for a
portion of the funds to other public and private, nonprofit entities:
Provided further, That any funds made available subsequent to
reallotment for innovative activities aimed at improving the outcomes of
individuals with disabilities shall remain available until September 30,
2021.
Special Institutions for Persons With Disabilities
american printing house for the blind
For carrying out the Act to Promote the Education of the Blind of
March 3, 1879, $32,431,000.
national technical institute for the deaf
For the National Technical Institute for the Deaf under titles I and
II of the Education of the Deaf Act of 1986, $79,500,000: Provided,
That from the total amount available, the Institute may at its
discretion use funds for the endowment program as authorized under
section 207 of such Act.
gallaudet university
For the Kendall Demonstration Elementary School, the Model Secondary
School for the Deaf, and the partial support of Gallaudet University
under titles I and II of the Education of the Deaf Act of 1986,
$137,361,000: Provided, That from the total amount available, the
University may at its discretion use funds for the endowment program as
authorized under section 207 of such Act.
Career, Technical, and Adult Education
For carrying out, to the extent not otherwise provided, the Carl D.
Perkins Career and Technical Education Act of 2006 (``Perkins Act'') and
the Adult Education and Family Literacy Act (``AEFLA''), $1,960,686,000,
of which $1,169,686,000 shall become available on July 1, 2020, and
shall remain available through September 30, 2021, and of which
$791,000,000 shall become available on October 1, 2020, and shall remain
available through September 30, 2021: Provided, That of the amounts
made available for AEFLA, $13,712,000 shall be for national leadership
activities under section 242.
Student Financial Assistance
For carrying out subparts 1, 3, and 10 of part A, and part C of
title IV of the HEA, $24,520,352,000 which shall remain available
through September 30, 2021.
<<NOTE: 20 USC 1070a note.>> The maximum Pell Grant for which a
student shall be eligible during award year 2020-2021 shall be $5,285.
[[Page 133 STAT. 2592]]
Student Aid Administration
For Federal administrative expenses to carry out part D of title I,
and subparts 1, 3, 9, and 10 of part A, and parts B, C, D, and E of
title IV of the HEA, and subpart 1 of part A of title VII of the Public
Health Service Act, $1,768,943,000, to remain available through
September 30, 2021: Provided, That the Secretary shall allocate new
student loan borrower accounts to eligible student loan servicers on the
basis of their past performance compared to all loan servicers utilizing
established common metrics, and on the basis of the capacity of each
servicer to process new and existing accounts: Provided
further, <<NOTE: 20 USC 1087f note.>> That for student loan contracts
awarded prior to October 1, 2017, the Secretary shall allow student loan
borrowers who are consolidating Federal student loans to select from any
student loan servicer to service their new consolidated student loan:
Provided further, That in order to promote accountability and high-
quality service to borrowers, the Secretary shall not award funding for
any contract solicitation for a new Federal student loan servicing
environment, including the solicitation for the Federal Student Aid
(FSA) Next Generation Processing and Servicing Environment, unless such
an environment provides for the participation of multiple student loan
servicers that contract directly with the Department of Education to
manage a unique portfolio of borrower accounts and the full life-cycle
of loans from disbursement to pay-off with certain limited exceptions,
and allocates student loan borrower accounts to eligible student loan
servicers based on performance: Provided further, That the Department
shall re-allocate accounts from servicers for recurring non-compliance
with FSA guidelines, contractual requirements, and applicable laws,
including for failure to sufficiently inform borrowers of available
repayment options: Provided further, That such servicers shall be
evaluated based on their ability to meet contract requirements
(including an understanding of Federal and State law), future
performance on the contracts, and history of compliance with applicable
consumer protections laws: Provided further, That to the extent FSA
permits student loan servicing subcontracting, FSA shall hold prime
contractors accountable for meeting the requirements of the contract,
and the performance and expectations of subcontractors shall be
accounted for in the prime contract and in the overall performance of
the prime contractor: Provided further, That FSA shall ensure that the
Next Generation Processing and Servicing Environment, or any new Federal
loan servicing environment, incentivize more support to borrowers at
risk of delinquency or default: Provided further, That FSA shall ensure
that in such environment contractors have the capacity to meet and are
held accountable for performance on service levels; are held accountable
for and have a history of compliance with applicable consumer protection
laws; and have relevant experience and demonstrated effectiveness:
Provided further, <<NOTE: Briefings.>> That the Secretary shall provide
quarterly briefings to the Committees on Appropriations and Education
and Labor of the House of Representatives and the Committees on
Appropriations and Health, Education, Labor, and Pensions of the Senate
on general progress related to solicitations for Federal student loan
servicing contracts: Provided further, That FSA shall strengthen
transparency through expanded publication of aggregate data on student
loan and servicer performance.
[[Page 133 STAT. 2593]]
Higher Education
For carrying out, to the extent not otherwise provided, titles II,
III, IV, V, VI, VII, and VIII of the HEA, the Mutual Educational and
Cultural Exchange Act of 1961, and section 117 of the Perkins Act,
$2,475,792,000, of which $24,500,000 shall remain available through
December 31, 2020: Provided, That notwithstanding any other provision
of law, funds made available in this Act to carry out title VI of the
HEA and section 102(b)(6) of the Mutual Educational and Cultural
Exchange Act of 1961 may be used to support visits and study in foreign
countries by individuals who are participating in advanced foreign
language training and international studies in areas that are vital to
United States national security and who plan to apply their language
skills and knowledge of these countries in the fields of government, the
professions, or international development: Provided further, That of
the funds referred to in the preceding proviso up to 1 percent may be
used for program evaluation, national outreach, and information
dissemination activities: Provided further, That up to 1.5 percent of
the funds made available under chapter 2 of subpart 2 of part A of title
IV of the HEA may be used for evaluation.
Howard University
For partial support of Howard University, $240,018,000, of which not
less than $3,405,000 shall be for a matching endowment grant pursuant to
the Howard University Endowment Act and shall remain available until
expended.
College Housing and Academic Facilities Loans Program
For Federal administrative expenses to carry out activities related
to existing facility loans pursuant to section 121 of the HEA, $435,000.
Historically Black College and University Capital Financing Program
Account
For the cost of guaranteed loans, $20,150,000, as authorized
pursuant to part D of title III of the HEA, which shall remain available
through September 30, 2021: Provided, That such costs, including the
cost of modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That these funds
are available to subsidize total loan principal, any part of which is to
be guaranteed, not to exceed $212,100,000: Provided further, That these
funds may be used to support loans to public and private Historically
Black Colleges and Universities without regard to the limitations within
section 344(a) of the HEA.
In addition, $16,000,000 shall be made available to provide for the
deferment of loans made under part D of title III of the HEA to eligible
institutions that are private Historically Black Colleges and
Universities, which apply for the deferment of such a loan and
demonstrate financial need for such deferment by having a score of 2.6
or less on the Department of Education's financial responsibility test:
Provided, That the loan has not been paid in full and is not paid in
full during the period of deferment: Provided further, <<NOTE: Time
period.>> That during the period of deferment of such a loan, interest
[[Page 133 STAT. 2594]]
on the loan will not accrue or be capitalized, and the period of
deferment shall be for at least a period of 3-fiscal years and not more
than 6-fiscal years: Provided further, That funds available under this
paragraph shall be used to fund eligible deferment requests submitted
for this purpose in fiscal year 2018: Provided
further, <<NOTE: Outreach plan.>> That the Secretary shall create and
execute an outreach plan to work with States and the Capital Financing
Advisory Board to improve outreach to States and help additional public
Historically Black Colleges and Universities participate in the program.
In addition, $10,000,000 shall be made available to provide for the
deferment of loans made under part D of title III of the HEA to eligible
institutions that are public Historically Black Colleges and
Universities, which apply for the deferment of such a loan and
demonstrate financial need for such deferment, which shall be determined
by the Secretary of Education based on factors including, but not
limited to, equal to or greater than 5 percent of the school's operating
revenue relative to its annual debt service payment: <<NOTE: Time
period.>> Provided, That during the period of deferment of such a
loan, interest on the loan will not accrue or be capitalized, and the
period of deferment shall be for at least a period of 3-fiscal years and
not more than 6-fiscal years.
In addition, for administrative expenses to carry out the
Historically Black College and University Capital Financing Program
entered into pursuant to part D of title III of the HEA, $334,000.
Institute of Education Sciences
For carrying out activities authorized by the Education Sciences
Reform Act of 2002, the National Assessment of Educational Progress
Authorization Act, section 208 of the Educational Technical Assistance
Act of 2002, and section 664 of the Individuals with Disabilities
Education Act, $623,462,000, which shall remain available through
September 30, 2021: Provided, That funds available to carry out section
208 of the Educational Technical Assistance Act may be used to link
Statewide elementary and secondary data systems with early childhood,
postsecondary, and workforce data systems, or to further develop such
systems: Provided further, That up to $6,000,000 of the funds available
to carry out section 208 of the Educational Technical Assistance Act may
be used for awards to public or private organizations or agencies to
support activities to improve data coordination, quality, and use at the
local, State, and national levels.
Departmental Management
program administration
For carrying out, to the extent not otherwise provided, the
Department of Education Organization Act, including rental of conference
rooms in the District of Columbia and hire of three passenger motor
vehicles, $430,000,000: Provided, That, notwithstanding any other
provision of law, none of the funds provided by this Act or provided by
previous Appropriations Acts to the Department of Education available
for obligation or expenditure in the current fiscal year may be used for
any activity relating to implementing a reorganization that
decentralizes, reduces the staffing level, or alters the
responsibilities, structure, authority,
[[Page 133 STAT. 2595]]
or functionality of the Budget Service of the Department of Education,
relative to the organization and operation of the Budget Service as in
effect on January 1, 2018.
office for civil rights
For expenses necessary for the Office for Civil Rights, as
authorized by section 203 of the Department of Education Organization
Act, $130,000,000.
office of inspector general
For expenses necessary for the Office of Inspector General, as
authorized by section 212 of the Department of Education Organization
Act, $63,000,000.
General Provisions
Sec. 301. <<NOTE: Voluntary prayer. Meditation.>> No funds
appropriated in this Act may be used to prevent the implementation of
programs of voluntary prayer and meditation in the public schools.
(transfer of funds)
Sec. 302. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control Act of
1985) which are appropriated for the Department of Education in this Act
may be transferred between appropriations, but no such appropriation
shall be increased by more than 3 percent by any such transfer:
Provided, That the transfer authority granted by this section shall not
be used to create any new program or to fund any project or activity for
which no funds are provided in this Act: Provided
further, <<NOTE: Notification. Time period.>> That the Committees on
Appropriations of the House of Representatives and the Senate are
notified at least 15 days in advance of any transfer.
Sec. 303. Funds appropriated in this Act and consolidated for
evaluation purposes under section 8601(c) of the ESEA shall be available
from July 1, 2020, through September 30, 2021.
Sec. 304. (a) An institution of higher education that maintains an
endowment fund supported with funds appropriated for title III or V of
the HEA for fiscal year 2020 may use the income from that fund to award
scholarships to students, subject to the limitation in section
331(c)(3)(B)(i) of the HEA. The use of such income for such purposes,
prior to the enactment of this Act, shall be considered to have been an
allowable use of that income, subject to that limitation.
(b) Subsection (a) shall be in effect until titles III and V of the
HEA are reauthorized.
Sec. 305. Section 114(f) of the HEA (20 U.S.C. 1011c(f)) is amended
by striking ``2019'' and inserting ``2020''.
Sec. 306. Section 458(a) of the HEA (20 U.S.C. 1087h(a)) is amended
in paragraph (4) by striking ``2019'' and inserting ``2020''.
Sec. 307. Funds appropriated in this Act under the heading
``Student Aid Administration'' may be available for payments for student
loan servicing to an institution of higher education that services
outstanding Federal Perkins Loans under part E of title IV of the Higher
Education Act of 1965 (20 U.S.C. 1087aa et seq.).
[[Page 133 STAT. 2596]]
(rescission)
Sec. 308. Of the unobligated balances available under the heading
``Student Financial Assistance'' for carrying out subpart 1 of part A of
title IV of the HEA, $500,000,000 are hereby rescinded.
Sec. 309. Of the amounts appropriated under Section
401(b)(7)(A)(iv)(X) of the Higher Education Act of 1965 (20 U.S.C.
1070a(b)(7)(A)(iv)(X)), $50,000,000 are hereby rescinded.
Sec. 310. The Elementary and Secondary Education Act of 1965 (20
U.S.C. 6301 et seq) is amended--(1) in the part heading for part B of
title IV, by inserting ``NITA M. LOWEY'' before ``21ST''; and (2) in the
table of contents of that Act, by striking the part heading for part B
of title IV and inserting the following: ``PART B--NITA M. LOWEY 21ST
CENTURY COMMUNITY LEARNING CENTERS''.
Sec. 311. <<NOTE: Waiver authority.>> (a) In General.--For the
purpose of carrying out 34 CFR Sec. 668.206(a)(1), the Secretary of
Education may waive the requirements under 34 CFR Sec. 668.213(b)(1) for
an institution of higher education that offers an associate degree, is a
public institution, and is located in an economically distressed county,
defined as a county with a poverty rate of at least 25 percent based on
the U.S. Census Bureau's Small Area Income and Poverty Estimate program
data for 2017 that was impacted by Hurricane Matthew.
(b) Applicability.--Subsection (a) shall apply to an institution of
higher education that otherwise would be ineligible to participate in a
program under part D of title IV of the Higher Education Act of 1965 on
or after the date of enactment of this Act due to the application of 34
CFR Sec. 668.206(a)(1).
(c) Coverage.--This section shall be in effect for the period
covered by this Act and for the succeeding fiscal year.
Sec. 312. Of the amounts made available under this title under the
heading ``Student Aid Administration'', $2,300,000 shall be used by the
Secretary of Education to conduct outreach to borrowers of loans made
under part D of title IV of the Higher Education Act of 1965 who may
intend to qualify for loan cancellation under section 455(m) of such Act
(20 U.S.C. 1087e(m)), to ensure that borrowers are meeting the terms and
conditions of such loan cancellation: Provided, That the Secretary
shall specifically conduct outreach to assist borrowers who would
qualify for loan cancellation under section 455(m) of such Act except
that the borrower has made some, or all, of the 120 required payments
under a repayment plan that is not described under section 455(m)(A) of
such Act, to encourage borrowers to enroll in a qualifying repayment
plan: Provided further, <<NOTE: Website.>> That the Secretary shall
also communicate to all Direct Loan borrowers the full requirements of
section 455(m) of such Act and improve the filing of employment
certification by providing improved outreach and information such as
outbound calls, electronic communications, ensuring prominent access to
program requirements and benefits on each servicer's website, and
creating an option for all borrowers to complete the entire payment
certification process electronically and on a centralized website.
Sec. 313. None of the funds made available by this Act may be used
in contravention of section 203 of the Department of Education
Organization Act (20 U.S.C. 3413).
[[Page 133 STAT. 2597]]
Sec. 314. For an additional amount for ``Department of Education--
Federal Direct Student Loan Program Account'', $50,000,000, to remain
available until expended, shall be for the cost, as defined under
section 502 of the Congressional Budget Act of 1974, of the Secretary of
Education providing loan cancellation in the same manner as under
section 455(m) of the Higher Education Act of 1965 (20 U.S.C. 1087e(m)),
for borrowers of loans made under part D of title IV of such Act who
would qualify for loan cancellation under section 455(m) except some, or
all, of the 120 required payments under section 455(m)(1)(A) do not
qualify for purposes of the program because they were monthly payments
made in accordance with graduated or extended repayment plans as
described under subparagraph (B) or (C) of section 455(d)(1) or the
corresponding repayment plan for a consolidation loan made under section
455(g) and that were less than the amount calculated under section
455(d)(1)(A), based on a 10-year repayment period:
Provided, <<NOTE: Time periods.>> That the monthly payment made 12
months before the borrower applied for loan cancellation as described in
the matter preceding this proviso and the most recent monthly payment
made by the borrower at the time of such application were each not less
than the monthly amount that would be calculated under, and for which
the borrower would otherwise qualify for, clause (i) or (iv) of section
455(m)(1)(A) regarding income-based or income-contingent repayment
plans, with exception for a borrower who would have otherwise been
eligible under this section but demonstrates an unusual fluctuation of
income over the past 5 years: Provided further, That the total loan
volume, including outstanding principal, fees, capitalized interest, or
accrued interest, at application that is eligible for such loan
cancellation by such borrowers shall not exceed $75,000,000: Provided
further, <<NOTE: Deadline.>> That the Secretary shall develop and make
available a simple method for borrowers to apply for loan cancellation
under this section within 60 days of enactment of this Act: Provided
further, That the Secretary shall provide loan cancellation under this
section to eligible borrowers on a first-come, first-serve basis, based
on the date of application and subject to both the limitation on total
loan volume at application for such loan cancellation specified in the
second proviso and the availability of appropriations under this
section: Provided further, That no borrower may, for the same service,
receive a reduction of loan obligations under both this section and
section 428J, 428K, 428L, or 460 of such Act.
This title may be cited as the ``Department of Education
Appropriations Act, 2020''.
TITLE IV
RELATED AGENCIES
Committee for Purchase From People Who Are Blind or Severely Disabled
salaries and expenses
For expenses necessary for the Committee for Purchase From People
Who Are Blind or Severely Disabled (referred to in this title as ``the
Committee'') established under section 8502 of title 41, United States
Code, $10,000,000: Provided, <<NOTE: Contracts.>> That in order to
[[Page 133 STAT. 2598]]
authorize any central nonprofit agency designated pursuant to section
8503(c) of title 41, United States Code, to perform requirements of the
Committee as prescribed under section 51-3.2 of title 41, Code of
Federal Regulations, the Committee shall enter into a written agreement
with any such central nonprofit agency: Provided further, That such
agreement shall contain such auditing, oversight, and reporting
provisions as necessary to implement chapter 85 of title 41, United
States Code: Provided further, That such agreement shall include the
elements listed under the heading ``Committee For Purchase From People
Who Are Blind or Severely Disabled--Written Agreement Elements'' in the
explanatory statement described in section 4 of Public Law 114-113 (in
the matter preceding division A of that consolidated Act): Provided
further, That any such central nonprofit agency may not charge a fee
under section 51-3.5 of title 41, Code of Federal Regulations, prior to
executing a written agreement with the Committee: Provided further,
That no less than $1,650,000 shall be available for the Office of
Inspector General.
Corporation for National and Community Service
operating expenses
For necessary expenses for the Corporation for National and
Community Service (referred to in this title as ``CNCS'') to carry out
the Domestic Volunteer Service Act of 1973 (referred to in this title as
``1973 Act'') and the National and Community Service Act of 1990
(referred to in this title as ``1990 Act''), $806,529,000,
notwithstanding sections 198B(b)(3), 198S(g), 501(a)(4)(C), and
501(a)(4)(F) of the 1990 Act: Provided, That of the amounts provided
under this heading: (1) up to 1 percent of program grant funds may be
used to defray the costs of conducting grant application reviews,
including the use of outside peer reviewers and electronic management of
the grants cycle; (2) $17,538,000 shall be available to provide
assistance to State commissions on national and community service, under
section 126(a) of the 1990 Act and notwithstanding section 501(a)(5)(B)
of the 1990 Act; (3) $32,500,000 shall be available to carry out
subtitle E of the 1990 Act; and (4) $6,400,000 shall be available for
expenses authorized under section 501(a)(4)(F) of the 1990 Act, which,
notwithstanding the provisions of section 198P shall be awarded by CNCS
on a competitive basis: Provided further, That for the purposes of
carrying out the 1990 Act, satisfying the requirements in section
122(c)(1)(D) may include a determination of need by the local community.
payment to the national service trust
(including transfer of funds)
For payment to the National Service Trust established under subtitle
D of title I of the 1990 Act, $208,342,000, to remain available until
expended: Provided, <<NOTE: Determination. Notice.>> That CNCS may
transfer additional funds from the amount provided within ``Operating
Expenses'' allocated to grants under subtitle C of title I of the 1990
Act to the National Service Trust upon determination that such transfer
is necessary to support the activities of national service participants
and after notice is transmitted to the Committees on Appropriations of
the House of Representatives and the Senate: Provided further,
[[Page 133 STAT. 2599]]
That amounts appropriated for or transferred to the National Service
Trust may be invested under section 145(b) of the 1990 Act without
regard to the requirement to apportion funds under 31 U.S.C. 1513(b).
salaries and expenses
For necessary expenses of administration as provided under section
501(a)(5) of the 1990 Act and under section 504(a) of the 1973 Act,
including payment of salaries, authorized travel, hire of passenger
motor vehicles, the rental of conference rooms in the District of
Columbia, the employment of experts and consultants authorized under 5
U.S.C. 3109, and not to exceed $2,500 for official reception and
representation expenses, $83,737,000.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, $5,750,000.
administrative provisions
Sec. 401. <<NOTE: Notice. Public information.>> CNCS shall make any
significant changes to program requirements, service delivery or policy
only through public notice and comment rulemaking. For fiscal year 2020,
during any grant selection process, an officer or employee of CNCS shall
not knowingly disclose any covered grant selection information regarding
such selection, directly or indirectly, to any person other than an
officer or employee of CNCS that is authorized by CNCS to receive such
information.
Sec. 402. <<NOTE: Requirements. Time period. 42 USC 12571 note.>>
AmeriCorps programs receiving grants under the National Service Trust
program shall meet an overall minimum share requirement of 24 percent
for the first 3 years that they receive AmeriCorps funding, and
thereafter shall meet the overall minimum share requirement as provided
in section 2521.60 of title 45, Code of Federal Regulations, without
regard to the operating costs match requirement in section 121(e) or the
member support Federal share limitations in section 140 of the 1990 Act,
and subject to partial waiver consistent with section 2521.70 of title
45, Code of Federal Regulations.
Sec. 403. Donations made to CNCS under section 196 of the 1990 Act
for the purposes of financing programs and operations under titles I and
II of the 1973 Act or subtitle B, C, D, or E of title I of the 1990 Act
shall be used to supplement and not supplant current programs and
operations.
Sec. 404. In addition to the requirements in section 146(a) of the
1990 Act, use of an educational award for the purpose described in
section 148(a)(4) shall be limited to individuals who are veterans as
defined under section 101 of the Act.
Sec. 405. For the purpose of carrying out section 189D of the 1990
Act--
(1) entities described in paragraph (a) of such section
shall be considered ``qualified entities'' under section 3 of
the National Child Protection Act of 1993 (``NCPA'');
(2) individuals described in such section shall be
considered ``volunteers'' under section 3 of NCPA; and
[[Page 133 STAT. 2600]]
(3) State Commissions on National and Community Service
established pursuant to section 178 of the 1990 Act, are
authorized to receive criminal history record information,
consistent with Public Law 92-544.
Sec. 406. <<NOTE: Time period.>> Notwithstanding sections 139(b),
146 and 147 of the 1990 Act, an individual who successfully completes a
term of service of not less than 1,200 hours during a period of not more
than one year may receive a national service education award having a
value of 70 percent of the value of a national service education award
determined under section 147(a) of the Act.
Corporation for Public Broadcasting
For payment to the Corporation for Public Broadcasting (``CPB''), as
authorized by the Communications Act of 1934, an amount which shall be
available within limitations specified by that Act, for the fiscal year
2022, $465,000,000: Provided, That none of the funds made available to
CPB by this Act shall be used to pay for receptions, parties, or similar
forms of entertainment for Government officials or employees: Provided
further, <<NOTE: Discrimination.>> That none of the funds made
available to CPB by this Act shall be available or used to aid or
support any program or activity from which any person is excluded, or is
denied benefits, or is discriminated against, on the basis of race,
color, national origin, religion, or sex: Provided
further, <<NOTE: Political test.>> That none of the funds made
available to CPB by this Act shall be used to apply any political test
or qualification in selecting, appointing, promoting, or taking any
other personnel action with respect to officers, agents, and employees
of CPB.
In addition, for the costs associated with replacing and upgrading
the public broadcasting interconnection system and other technologies
and services that create infrastructure and efficiencies within the
public media system, $20,000,000.
Federal Mediation and Conciliation Service
salaries and expenses <<NOTE: Fees.>>
For expenses necessary for the Federal Mediation and Conciliation
Service (``Service'') to carry out the functions vested in it by the
Labor-Management Relations Act, 1947, including hire of passenger motor
vehicles; for expenses necessary for the Labor-Management Cooperation
Act of 1978; and for expenses necessary for the Service to carry out the
functions vested in it by the Civil Service Reform Act, $47,200,000,
including up to $900,000 to remain available through September 30, 2021,
for activities authorized by the Labor-Management Cooperation Act of
1978: Provided, That notwithstanding 31 U.S.C. 3302, fees charged, up
to full-cost recovery, for special training activities and other
conflict resolution services and technical assistance, including those
provided to foreign governments and international organizations, and for
arbitration services shall be credited to and merged with this account,
and shall remain available until expended: Provided further, That fees
for arbitration services shall be available only for education,
training, and professional development of the agency workforce:
Provided further, That the Director of the Service is authorized to
accept and use on behalf of the United States gifts
[[Page 133 STAT. 2601]]
of services and real, personal, or other property in the aid of any
projects or functions within the Director's jurisdiction.
Federal Mine Safety and Health Review Commission
salaries and expenses
For expenses necessary for the Federal Mine Safety and Health Review
Commission, $17,184,000.
Institute of Museum and Library Services
office of museum and library services: grants and administration
For carrying out the Museum and Library Services Act of 1996 and the
National Museum of African American History and Culture Act,
$252,000,000.
Medicaid and CHIP Payment and Access Commission
salaries and expenses
For expenses necessary to carry out section 1900 of the Social
Security Act, $8,780,000.
Medicare Payment Advisory Commission
salaries and expenses
For expenses necessary to carry out section 1805 of the Social
Security Act, $12,545,000, to be transferred to this appropriation from
the Federal Hospital Insurance Trust Fund and the Federal Supplementary
Medical Insurance Trust Fund.
National Council on Disability
salaries and expenses
For expenses necessary for the National Council on Disability as
authorized by title IV of the Rehabilitation Act of 1973, $3,350,000.
National Labor Relations Board
salaries and expenses
For expenses necessary for the National Labor Relations Board to
carry out the functions vested in it by the Labor-Management Relations
Act, 1947, and other laws, $274,224,000: Provided, That no part of this
appropriation shall be available to organize or assist in organizing
agricultural laborers or used in connection with investigations,
hearings, directives, or orders concerning bargaining units composed of
agricultural laborers as referred to in section 2(3) of the Act of July
5, 1935, and as amended by the Labor-Management Relations Act, 1947, and
as defined in section 3(f) of the Act of June 25, 1938, and including in
said definition employees engaged in the maintenance and operation of
ditches, canals, reservoirs, and waterways when maintained or operated
[[Page 133 STAT. 2602]]
on a mutual, nonprofit basis and at least 95 percent of the water stored
or supplied thereby is used for farming purposes.
administrative provisions
Sec. 407. None of the funds provided by this Act or previous Acts
making appropriations for the National Labor Relations Board may be used
to issue any new administrative directive or regulation that would
provide employees any means of voting through any electronic means in an
election to determine a representative for the purposes of collective
bargaining.
National Mediation Board
salaries and expenses
For expenses necessary to carry out the provisions of the Railway
Labor Act, including emergency boards appointed by the President,
$14,050,000.
Occupational Safety and Health Review Commission
salaries and expenses
For expenses necessary for the Occupational Safety and Health Review
Commission, $13,225,000.
Railroad Retirement Board
dual benefits payments account
For payment to the Dual Benefits Payments Account, authorized under
section 15(d) of the Railroad Retirement Act of 1974, $16,000,000, which
shall include amounts becoming available in fiscal year 2020 pursuant to
section 224(c)(1)(B) of Public Law 98-76; and in addition, an amount,
not to exceed 2 percent of the amount provided herein, shall be
available proportional to the amount by which the product of recipients
and the average benefit received exceeds the amount available for
payment of vested dual benefits: Provided, That the total amount
provided herein shall be credited in 12 approximately equal amounts on
the first day of each month in the fiscal year.
federal payments to the railroad retirement accounts
For payment to the accounts established in the Treasury for the
payment of benefits under the Railroad Retirement Act for interest
earned on unnegotiated checks, $150,000, to remain available through
September 30, 2021, which shall be the maximum amount available for
payment pursuant to section 417 of Public Law 98-76.
limitation on administration
For necessary expenses for the Railroad Retirement Board (``Board'')
for administration of the Railroad Retirement Act and the Railroad
Unemployment Insurance Act, $123,500,000, to be derived in such amounts
as determined by the Board from the
[[Page 133 STAT. 2603]]
railroad retirement accounts and from moneys credited to the railroad
unemployment insurance administration fund: Provided, That
notwithstanding section 7(b)(9) of the Railroad Retirement Act this
limitation may be used to hire attorneys only through the excepted
service: Provided further, That the previous proviso shall not change
the status under Federal employment laws of any attorney hired by the
Railroad Retirement Board prior to January 1, 2013: Provided further,
That notwithstanding section 7(b)(9) of the Railroad Retirement Act,
this limitation may be used to hire students attending qualifying
educational institutions or individuals who have recently completed
qualifying educational programs using current excepted hiring
authorities established by the Office of Personnel Management: Provided
further, That $10,000,000, to remain available until expended, shall be
used to supplement, not supplant, existing resources devoted to
operations and improvements for the Board's Information Technology
Investment Initiatives.
limitation on the office of inspector general
For expenses necessary for the Office of Inspector General for
audit, investigatory and review activities, as authorized by the
Inspector General Act of 1978, not more than $11,000,000, to be derived
from the railroad retirement accounts and railroad unemployment
insurance account.
Social Security Administration
payments to social security trust funds
For payment to the Federal Old-Age and Survivors Insurance Trust
Fund and the Federal Disability Insurance Trust Fund, as provided under
sections 201(m) and 1131(b)(2) of the Social Security Act, $11,000,000.
supplemental security income program
For carrying out titles XI and XVI of the Social Security Act,
section 401 of Public Law 92-603, section 212 of Public Law 93-66, as
amended, and section 405 of Public Law 95-216, including payment to the
Social Security trust funds for administrative expenses incurred
pursuant to section 201(g)(1) of the Social Security Act,
$41,714,889,000, to remain available until expended: Provided, That any
portion of the funds provided to a State in the current fiscal year and
not obligated by the State during that year shall be returned to the
Treasury: Provided further, That not more than $101,000,000 shall be
available for research and demonstrations under sections 1110, 1115, and
1144 of the Social Security Act, and remain available through September
30, 2022.
For making, after June 15 of the current fiscal year, benefit
payments to individuals under title XVI of the Social Security Act, for
unanticipated costs incurred for the current fiscal year, such sums as
may be necessary.
For making benefit payments under title XVI of the Social Security
Act for the first quarter of fiscal year 2021, $19,900,000,000, to
remain available until expended.
[[Page 133 STAT. 2604]]
limitation on administrative expenses
For necessary expenses, including the hire of two passenger motor
vehicles, and not to exceed $20,000 for official reception and
representation expenses, not more than $12,739,945,000 may be expended,
as authorized by section 201(g)(1) of the Social Security Act, from any
one or all of the trust funds referred to in such section: Provided,
That not less than $2,500,000 shall be for the Social Security Advisory
Board: Provided further, That $45,000,000 shall remain available until
expended for information technology modernization, including related
hardware and software infrastructure and equipment, and for
administrative expenses directly associated with information technology
modernization: Provided further, That $100,000,000 shall remain
available through September 30, 2021, for activities to address the
disability hearings backlog within the Office of Hearings Operations:
Provided further, That unobligated balances of funds provided under this
paragraph at the end of fiscal year 2020 not needed for fiscal year 2020
shall remain available until expended to invest in the Social Security
Administration information technology and telecommunications hardware
and software infrastructure, including related equipment and non-payroll
administrative expenses associated solely with this information
technology and telecommunications infrastructure: Provided
further, <<NOTE: Notification.>> That the Commissioner of Social
Security shall notify the Committees on Appropriations of the House of
Representatives and the Senate prior to making unobligated balances
available under the authority in the previous proviso:
Provided <<NOTE: Reimbursements.>> further, That reimbursement to the
trust funds under this heading for expenditures for official time for
employees of the Social Security Administration pursuant to 5 U.S.C.
7131, and for facilities or support services for labor organizations
pursuant to policies, regulations, or procedures referred to in section
7135(b) of such title shall be made by the Secretary of the Treasury,
with interest, from amounts in the general fund not otherwise
appropriated, as soon as possible after such expenditures are made.
<<NOTE: Reviews. Determination.>> Of the total amount made
available in the first paragraph under this heading, not more than
$1,582,000,000, to remain available through March 31, 2021, is for the
costs associated with continuing disability reviews under titles II and
XVI of the Social Security Act, including work-related continuing
disability reviews to determine whether earnings derived from services
demonstrate an individual's ability to engage in substantial gainful
activity, for the cost associated with conducting redeterminations of
eligibility under title XVI of the Social Security Act, for the cost of
co-operative disability investigation units, and for the cost associated
with the prosecution of fraud in the programs and operations of the
Social Security Administration by Special Assistant United States
Attorneys: Provided, That, of such amount, $273,000,000 is provided to
meet the terms of section 251(b)(2)(B)(ii)(III) of the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended, and
$1,309,000,000 is additional new budget authority specified for purposes
of section 251(b)(2)(B) of such Act: Provided further, <<NOTE: Transfer
authority.>> That, of the additional new budget authority described in
the preceding proviso, up to $10,000,000 may be transferred to the
``Office of Inspector General'', Social Security Administration, for the
cost of jointly operated co-operative disability investigation units:
Provided further, That such transfer authority is in addition
[[Page 133 STAT. 2605]]
to any other transfer authority provided by law: Provided further,
That <<NOTE: Reports.>> the Commissioner shall provide to the Congress
(at the conclusion of the fiscal year) a report on the obligation and
expenditure of these funds, similar to the reports that were required by
section 103(d)(2) of Public Law 104-121 for fiscal years 1996 through
2002.
In addition, $130,000,000 to be derived from administration fees in
excess of $5.00 per supplementary payment collected pursuant to section
1616(d) of the Social Security Act or section 212(b)(3) of Public Law
93-66, which shall remain available until expended: Provided, That to
the extent that the amounts collected pursuant to such sections in
fiscal year 2020 exceed $130,000,000, the amounts shall be available in
fiscal year 2021 only to the extent provided in advance in
appropriations Acts.
In addition, up to $1,000,000 to be derived from fees collected
pursuant to section 303(c) of the Social Security Protection Act, which
shall remain available until expended.
office of inspector general
(including transfer of funds)
For expenses necessary for the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$30,000,000, together with not to exceed $75,500,000, to be transferred
and expended as authorized by section 201(g)(1) of the Social Security
Act from the Federal Old-Age and Survivors Insurance Trust Fund and the
Federal Disability Insurance Trust Fund.
In addition, an amount not to exceed 3 percent of the total provided
in this appropriation may be transferred from the ``Limitation on
Administrative Expenses'', Social Security Administration, to be merged
with this account, to be available for the time and purposes for which
this account is available: Provided, <<NOTE: Notice. Time period.>>
That notice of such transfers shall be transmitted promptly to the
Committees on Appropriations of the House of Representatives and the
Senate at least 15 days in advance of any transfer.
TITLE V
GENERAL PROVISIONS
(transfer of funds)
Sec. 501. The Secretaries of Labor, Health and Human Services, and
Education are authorized to transfer unexpended balances of prior
appropriations to accounts corresponding to current appropriations
provided in this Act. Such transferred balances shall be used for the
same purpose, and for the same periods of time, for which they were
originally appropriated.
Sec. 502. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 503. <<NOTE: Lobbying.>> (a) No part of any appropriation
contained in this Act or transferred pursuant to section 4002 of Public
Law 111-148 shall be used, other than for normal and recognized
executive-legislative relationships, for publicity or propaganda
purposes, for the preparation, distribution, or use of any kit,
pamphlet, booklet,
[[Page 133 STAT. 2606]]
publication, electronic communication, radio, television, or video
presentation designed to support or defeat the enactment of legislation
before the Congress or any State or local legislature or legislative
body, except in presentation to the Congress or any State or local
legislature itself, or designed to support or defeat any proposed or
pending regulation, administrative action, or order issued by the
executive branch of any State or local government, except in
presentation to the executive branch of any State or local government
itself.
(b) No part of any appropriation contained in this Act or
transferred pursuant to section 4002 of Public Law 111-148 shall be used
to pay the salary or expenses of any grant or contract recipient, or
agent acting for such recipient, related to any activity designed to
influence the enactment of legislation, appropriations, regulation,
administrative action, or Executive order proposed or pending before the
Congress or any State government, State legislature or local legislature
or legislative body, other than for normal and recognized executive-
legislative relationships or participation by an agency or officer of a
State, local or tribal government in policymaking and administrative
processes within the executive branch of that government.
(c) <<NOTE: Gun control.>> The prohibitions in subsections (a) and
(b) shall include any activity to advocate or promote any proposed,
pending or future Federal, State or local tax increase, or any proposed,
pending, or future requirement or restriction on any legal consumer
product, including its sale or marketing, including but not limited to
the advocacy or promotion of gun control.
Sec. 504. The Secretaries of Labor and Education are authorized to
make available not to exceed $28,000 and $20,000, respectively, from
funds available for salaries and expenses under titles I and III,
respectively, for official reception and representation expenses; the
Director of the Federal Mediation and Conciliation Service is authorized
to make available for official reception and representation expenses not
to exceed $5,000 from the funds available for ``Federal Mediation and
Conciliation Service, Salaries and Expenses''; and the Chairman of the
National Mediation Board is authorized to make available for official
reception and representation expenses not to exceed $5,000 from funds
available for ``National Mediation Board, Salaries and Expenses''.
Sec. 505. When issuing statements, press releases, requests for
proposals, bid solicitations and other documents describing projects or
programs funded in whole or in part with Federal money, all grantees
receiving Federal funds included in this Act, including but not limited
to State and local governments and recipients of Federal research
grants, shall clearly state--
(1) the percentage of the total costs of the program or
project which will be financed with Federal money;
(2) the dollar amount of Federal funds for the project or
program; and
(3) percentage and dollar amount of the total costs of the
project or program that will be financed by non-governmental
sources.
Sec. 506. <<NOTE: Abortion.>> (a) None of the funds appropriated in
this Act, and none of the funds in any trust fund to which funds are
appropriated in this Act, shall be expended for any abortion.
(b) None of the funds appropriated in this Act, and none of the
funds in any trust fund to which funds are appropriated in
[[Page 133 STAT. 2607]]
this Act, shall be expended for health benefits coverage that includes
coverage of abortion.
(c) <<NOTE: Definition.>> The term ``health benefits coverage''
means the package of services covered by a managed care provider or
organization pursuant to a contract or other arrangement.
Sec. 507. <<NOTE: Abortion.>> (a) The limitations established in
the preceding section shall not apply to an abortion--
(1) if the pregnancy is the result of an act of rape or
incest; or
(2) in the case where a woman suffers from a physical
disorder, physical injury, or physical illness, including a
life-endangering physical condition caused by or arising from
the pregnancy itself, that would, as certified by a physician,
place the woman in danger of death unless an abortion is
performed.
(b) Nothing in the preceding section shall be construed as
prohibiting the expenditure by a State, locality, entity, or private
person of State, local, or private funds (other than a State's or
locality's contribution of Medicaid matching funds).
(c) Nothing in the preceding section shall be construed as
restricting the ability of any managed care provider from offering
abortion coverage or the ability of a State or locality to contract
separately with such a provider for such coverage with State funds
(other than a State's or locality's contribution of Medicaid matching
funds).
(d)(1) <<NOTE: Discrimination.>> None of the funds made available
in this Act may be made available to a Federal agency or program, or to
a State or local government, if such agency, program, or government
subjects any institutional or individual health care entity to
discrimination on the basis that the health care entity does not
provide, pay for, provide coverage of, or refer for abortions.
(2) <<NOTE: Definition.>> In this subsection, the term ``health
care entity'' includes an individual physician or other health care
professional, a hospital, a provider-sponsored organization, a health
maintenance organization, a health insurance plan, or any other kind of
health care facility, organization, or plan.
Sec. 508. <<NOTE: Human embryos.>> (a) None of the funds made
available in this Act may be used for--
(1) the creation of a human embryo or embryos for research
purposes; or
(2) research in which a human embryo or embryos are
destroyed, discarded, or knowingly subjected to risk of injury
or death greater than that allowed for research on fetuses in
utero under 45 CFR 46.204(b) and section 498(b) of the Public
Health Service Act (42 U.S.C. 289g(b)).
(b) <<NOTE: Definition.>> For purposes of this section, the term
``human embryo or embryos'' includes any organism, not protected as a
human subject under 45 CFR 46 as of the date of the enactment of this
Act, that is derived by fertilization, parthenogenesis, cloning, or any
other means from one or more human gametes or human diploid cells.
Sec. 509. <<NOTE: Drugs and drug abuse.>> (a) None of the funds
made available in this Act may be used for any activity that promotes
the legalization of any drug or other substance included in schedule I
of the schedules of controlled substances established under section 202
of the Controlled Substances Act except for normal and recognized
executive-congressional communications.
[[Page 133 STAT. 2608]]
(b) The limitation in subsection (a) shall not apply when there is
significant medical evidence of a therapeutic advantage to the use of
such drug or other substance or that federally sponsored clinical trials
are being conducted to determine therapeutic advantage.
Sec. 510. <<NOTE: Health and health care.>> None of the funds made
available in this Act may be used to promulgate or adopt any final
standard under section 1173(b) of the Social Security Act providing for,
or providing for the assignment of, a unique health identifier for an
individual (except in an individual's capacity as an employer or a
health care provider), until legislation is enacted specifically
approving the standard.
Sec. 511. <<NOTE: Contracts. Reports.>> None of the funds made
available in this Act may be obligated or expended to enter into or
renew a contract with an entity if--
(1) such entity is otherwise a contractor with the United
States and is subject to the requirement in 38 U.S.C. 4212(d)
regarding submission of an annual report to the Secretary of
Labor concerning employment of certain veterans; and
(2) such entity has not submitted a report as required by
that section for the most recent year for which such requirement
was applicable to such entity.
Sec. 512. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriation Act.
Sec. 513. <<NOTE: Certifications.>> None of the funds made
available by this Act to carry out the Library Services and Technology
Act may be made available to any library covered by paragraph (1) of
section 224(f) of such Act, as amended by the Children's Internet
Protection Act, unless such library has made the certifications required
by paragraph (4) of such section.
Sec. 514. <<NOTE: Consultations. Time periods. Notifications.>> (a)
None of the funds provided under this Act, or provided under previous
appropriations Acts to the agencies funded by this Act that remain
available for obligation or expenditure in fiscal year 2020, or provided
from any accounts in the Treasury of the United States derived by the
collection of fees available to the agencies funded by this Act, shall
be available for obligation or expenditure through a reprogramming of
funds that--
(1) creates new programs;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for any
project or activity for which funds have been denied or
restricted;
(4) relocates an office or employees;
(5) reorganizes or renames offices;
(6) reorganizes programs or activities; or
(7) contracts out or privatizes any functions or activities
presently performed by Federal employees;
unless the Committees on Appropriations of the House of Representatives
and the Senate are consulted 15 days in advance of such reprogramming or
of an announcement of intent relating to such reprogramming, whichever
occurs earlier, and are notified in writing 10 days in advance of such
reprogramming.
(b) None of the funds provided under this Act, or provided under
previous appropriations Acts to the agencies funded by this
[[Page 133 STAT. 2609]]
Act that remain available for obligation or expenditure in fiscal year
2020, or provided from any accounts in the Treasury of the United States
derived by the collection of fees available to the agencies funded by
this Act, shall be available for obligation or expenditure through a
reprogramming of funds in excess of $500,000 or 10 percent, whichever is
less, that--
(1) augments existing programs, projects (including
construction projects), or activities;
(2) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent as
approved by Congress; or
(3) results from any general savings from a reduction in
personnel which would result in a change in existing programs,
activities, or projects as approved by Congress;
unless the Committees on Appropriations of the House of Representatives
and the Senate are consulted 15 days in advance of such reprogramming or
of an announcement of intent relating to such reprogramming, whichever
occurs earlier, and are notified in writing 10 days in advance of such
reprogramming.
Sec. 515. <<NOTE: Political disclosures.>> (a) None of the funds
made available in this Act may be used to request that a candidate for
appointment to a Federal scientific advisory committee disclose the
political affiliation or voting history of the candidate or the position
that the candidate holds with respect to political issues not directly
related to and necessary for the work of the committee involved.
(b) None of the funds made available in this Act may be used to
disseminate information that is deliberately false or misleading.
Sec. 516. <<NOTE: Deadline. Operating plan.>> Within 45 days of
enactment of this Act, each department and related agency funded through
this Act shall submit an operating plan that details at the program,
project, and activity level any funding allocations for fiscal year 2020
that are different than those specified in this Act, the accompanying
detailed table in the explanatory statement described in section 4 (in
the matter preceding division A of this consolidated Act) or the fiscal
year 2020 budget request.
Sec. 517. <<NOTE: Reports. Contracts. Grants.>> The Secretaries of
Labor, Health and Human Services, and Education shall each prepare and
submit to the Committees on Appropriations of the House of
Representatives and the Senate a report on the number and amount of
contracts, grants, and cooperative agreements exceeding $500,000,
individually or in total for a particular project, activity, or
programmatic initiative, in value and awarded by the Department on a
non-competitive basis during each quarter of fiscal year 2020, but not
to include grants awarded on a formula basis or directed by law. Such
report shall include the name of the contractor or grantee, the amount
of funding, the governmental purpose, including a justification for
issuing the award on a non-competitive basis. Such report shall be
transmitted to the Committees within 30 days after the end of the
quarter for which the report is submitted.
Sec. 518. None of the funds appropriated in this Act shall be
expended or obligated by the Commissioner of Social Security, for
purposes of administering Social Security benefit payments under title
II of the Social Security Act, to process any claim for credit for a
quarter of coverage based on work performed under a social security
account number that is not the claimant's number and the performance of
such work under such number has formed
[[Page 133 STAT. 2610]]
the basis for a conviction of the claimant of a violation of section
208(a)(6) or (7) of the Social Security Act.
Sec. 519. <<NOTE: Mexico.>> None of the funds appropriated by this
Act may be used by the Commissioner of Social Security or the Social
Security Administration to pay the compensation of employees of the
Social Security Administration to administer Social Security benefit
payments, under any agreement between the United States and Mexico
establishing totalization arrangements between the social security
system established by title II of the Social Security Act and the social
security system of Mexico, which would not otherwise be payable but for
such agreement.
Sec. 520. <<NOTE: Pornography.>> (a) None of the funds made
available in this Act may be used to maintain or establish a computer
network unless such network blocks the viewing, downloading, and
exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds necessary
for any Federal, State, tribal, or local law enforcement agency or any
other entity carrying out criminal investigations, prosecution, or
adjudication activities.
Sec. 521. <<NOTE: ACORN.>> None of the funds made available under
this or any other Act, or any prior Appropriations Act, may be provided
to the Association of Community Organizations for Reform Now (ACORN), or
any of its affiliates, subsidiaries, allied organizations, or
successors.
Sec. 522. For purposes of carrying out Executive Order 13589,
Office of Management and Budget Memorandum M-12-12 dated May 11, 2012,
and requirements contained in the annual appropriations bills relating
to conference attendance and expenditures:
(1) the operating divisions of HHS shall be considered
independent agencies; and
(2) attendance at and support for scientific conferences
shall be tabulated separately from and not included in agency
totals.
Sec. 523. Federal agencies funded under this Act shall clearly
state within the text, audio, or video used for advertising or
educational purposes, including emails or Internet postings, that the
communication is printed, published, or produced and disseminated at
U.S. taxpayer expense. The funds used by a Federal agency to carry out
this requirement shall be derived from amounts made available to the
agency for advertising or other communications regarding the programs
and activities of the agency.
Sec. 524. (a) Federal agencies may use Federal discretionary funds
that are made available in this Act to carry out up to 10 Performance
Partnership Pilots. Such Pilots shall be governed by the provisions of
section 526 of division H of Public Law 113-76, except that in carrying
out such Pilots section 526 shall be applied by substituting ``Fiscal
Year 2020'' for ``Fiscal Year 2014'' in the title of subsection (b) and
by substituting ``September 30, 2024'' for ``September 30, 2018'' each
place it appears: Provided, That such pilots shall include communities
that have experienced civil unrest.
(b) In addition, Federal agencies may use Federal discretionary
funds that are made available in this Act to participate in Performance
Partnership Pilots that are being carried out pursuant to the authority
provided by section 526 of division H of Public Law 113-76, section 524
of division G of Public Law 113-235, section 525 of division H of Public
Law 114-113, section 525 of division
[[Page 133 STAT. 2611]]
H of Public Law 115-31, and section 525 of division H of Public Law 115-
141.
(c) Pilot sites selected under authorities in this Act and prior
appropriations Acts may be granted by relevant agencies up to an
additional 5 years to operate under such authorities.
Sec. 525. <<NOTE: Reports. 31 USC 1502 note.>> Not later than 30
days after the end of each calendar quarter, beginning with the first
month of fiscal year 2020, the Departments of Labor, Health and Human
Services and Education and the Social Security Administration shall
provide the Committees on Appropriations of the House of Representatives
and Senate a report on the status of balances of appropriations:
Provided, That for balances that are unobligated and uncommitted,
committed, and obligated but unexpended, the monthly reports shall
separately identify the amounts attributable to each source year of
appropriation (beginning with fiscal year 2012, or, to the extent
feasible, earlier fiscal years) from which balances were derived.
Sec. 526. <<NOTE: Lists. Grants. Deadline. Time period.>> The
Departments of Labor, Health and Human Services, or Education shall
provide to the Committees on Appropriations of the House of
Representatives and the Senate a comprehensive list of any new or
competitive grant award notifications, including supplements, issued at
the discretion of such Departments not less than 3 full business days
before any entity selected to receive a grant award is announced by the
Department or its offices (other than emergency response grants at any
time of the year or for grant awards made during the last 10 business
days of the fiscal year, or if applicable, of the program year).
Sec. 527. <<NOTE: Needles. Drugs and drug abuse.>> Notwithstanding
any other provision of this Act, no funds appropriated in this Act shall
be used to purchase sterile needles or syringes for the hypodermic
injection of any illegal drug:
Provided, <<NOTE: Consultation. Determination.>> That such limitation
does not apply to the use of funds for elements of a program other than
making such purchases if the relevant State or local health department,
in consultation with the Centers for Disease Control and Prevention,
determines that the State or local jurisdiction, as applicable, is
experiencing, or is at risk for, a significant increase in hepatitis
infections or an HIV outbreak due to injection drug use, and such
program is operating in accordance with State and local law.
Sec. 528. <<NOTE: Deadline.>> Each department and related agency
funded through this Act shall provide answers to questions submitted for
the record by members of the Committee within 45 business days after
receipt.
(rescission)
Sec. 529. Of any available amounts appropriated under section
2104(a)(23) of the Social Security Act (42 U.S.C. 1397dd) that are
unobligated as of September 25, 2020, $3,169,819,000 are hereby
rescinded as of such date.
Sec. 530. Of amounts deposited in the Child Enrollment Contingency
Fund prior to the beginning of fiscal year 2020 under section 2104(n)(2)
of the Social Security Act and the income derived from investment of
those funds pursuant to section 2104(n)(2)(C) of that Act,
$6,093,181,000 shall not be available for obligation in this fiscal
year.
This division may be cited as the ``Departments of Labor, Health and
Human Services, and Education, and Related Agencies Appropriations Act,
2020''.
[[Page 133 STAT. 2612]]
DIVISION B-- <<NOTE: Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations Act,
2020.>> AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION,
AND RELATED AGENCIES APPROPRIATIONS ACT, 2020
TITLE I
AGRICULTURAL PROGRAMS
Processing, Research, and Marketing
Office of the Secretary
(including transfers of funds)
For necessary expenses of the Office of the Secretary, $46,139,000,
of which not to exceed $5,051,000 shall be available for the immediate
Office of the Secretary; not to exceed $1,496,000 shall be available for
the Office of Homeland Security; not to exceed $6,211,000 shall be
available for the Office of Partnerships and Public Engagement, of which
$1,500,000 shall be for 7 U.S.C. 2279(c)(5); not to exceed $22,251,000
shall be available for the Office of the Assistant Secretary for
Administration, of which $21,376,000 shall be available for Departmental
Administration to provide for necessary expenses for management support
services to offices of the Department and for general administration,
security, repairs and alterations, and other miscellaneous supplies and
expenses not otherwise provided for and necessary for the practical and
efficient work of the Department: Provided, That funds made available
by this Act to an agency in the Administration mission area for salaries
and expenses are available to fund up to one administrative support
staff for the Office; not to exceed $3,869,000 shall be available for
the Office of Assistant Secretary for Congressional Relations and
Intergovernmental Affairs to carry out the programs funded by this Act,
including programs involving intergovernmental affairs and liaison
within the executive branch; and not to exceed $7,261,000 shall be
available for the Office of Communications: Provided further, That the
Secretary of Agriculture is authorized to transfer funds appropriated
for any office of the Office of the Secretary to any other office of the
Office of the Secretary: Provided further, That no appropriation for
any office shall be increased or decreased by more than 5 percent:
Provided further, That not to exceed $22,000 of the amount made
available under this paragraph for the immediate Office of the Secretary
shall be available for official reception and representation expenses,
not otherwise provided for, as determined by the Secretary: Provided
further, <<NOTE: Reimbursements.>> That the amount made available under
this heading for Departmental Administration shall be reimbursed from
applicable appropriations in this Act for travel expenses incident to
the holding of hearings as required by 5 U.S.C. 551-558: Provided
further, That funds made available under this heading for the Office of
the Assistant Secretary for Congressional Relations and
Intergovernmental Affairs may be transferred to agencies of the
Department of Agriculture funded by this Act to maintain personnel at
the agency level: Provided further, <<NOTE: Time
period. Notification.>> That no funds made available under this heading
for the Office of Assistant Secretary for Congressional Relations may be
obligated after 30 days from the date of enactment of this Act, unless
the Secretary has notified the Committees on Appropriations of both
Houses of Congress on the allocation of
[[Page 133 STAT. 2613]]
these funds by USDA agency: Provided further, That of the funds made
available under this heading, funding shall be made available to the
Office of the Secretary to carry out the duties of the working group
established under section 770 of the Agriculture, Rural Development,
Food and Drug Administration, and Related Agencies Appropriations Act,
2019 (Public Law 116-6; 133 Stat. 89): Provided further,
That <<NOTE: Notification. Time period.>> during any 30 day notification
period referenced in section 716 of this Act, the Secretary of
Agriculture, the Secretary of Health and Human Services or the Chairman
of the Commodity Futures Trading Commission, (as the case may be) shall
take no action to begin implementation of the proposal or make any
public announcement in any form.
Executive Operations
office of the chief economist
For necessary expenses of the Office of the Chief Economist,
$24,013,000, of which $8,000,000 shall be for grants or cooperative
agreements for policy research under 7 U.S.C. 3155.
office of hearings and appeals
For necessary expenses of the Office of Hearings and Appeals,
$15,222,000.
office of budget and program analysis
For necessary expenses of the Office of Budget and Program Analysis,
$9,525,000.
Office of the Chief Information Officer
For necessary expenses of the Office of the Chief Information
Officer, $66,580,000, of which not less than $56,000,000 is for
cybersecurity requirements of the department.
Office of the Chief Financial Officer
For necessary expenses of the Office of the Chief Financial Officer,
$6,028,000.
Office of the Assistant Secretary for Civil Rights
For necessary expenses of the Office of the Assistant Secretary for
Civil Rights, $901,000: Provided, That funds made available by this Act
to an agency in the Civil Rights mission area for salaries and expenses
are available to fund up to one administrative support staff for the
Office.
Office of Civil Rights
For necessary expenses of the Office of Civil Rights, $24,206,000.
[[Page 133 STAT. 2614]]
Agriculture Buildings and Facilities
(including transfers of funds)
For payment of space rental and related costs pursuant to Public Law
92-313, including authorities pursuant to the 1984 delegation of
authority from the Administrator of General Services to the Department
of Agriculture under 40 U.S.C. 121, for programs and activities of the
Department which are included in this Act, and for alterations and other
actions needed for the Department and its agencies to consolidate
unneeded space into configurations suitable for release to the
Administrator of General Services, and for the operation, maintenance,
improvement, and repair of Agriculture buildings and facilities, and for
related costs, $128,167,000, to remain available until expended.
Hazardous Materials Management
(including transfers of funds)
For necessary expenses of the Department of Agriculture, to comply
with the Comprehensive Environmental Response, Compensation, and
Liability Act (42 U.S.C. 9601 et seq.) and the Solid Waste Disposal Act
(42 U.S.C. 6901 et seq.), $4,503,000, to remain available until
expended: Provided, That appropriations and funds available herein to
the Department for Hazardous Materials Management may be transferred to
any agency of the Department for its use in meeting all requirements
pursuant to the above Acts on Federal and non-Federal lands.
Office of Inspector General
For necessary expenses of the Office of Inspector General, including
employment pursuant to the Inspector General Act of 1978 (Public Law 95-
452; 5 U.S.C. App.), $98,208,000, including such sums as may be
necessary for contracting and other arrangements with public agencies
and private persons pursuant to section 6(a)(9) of the Inspector General
Act of 1978 (Public Law 95-452; 5 U.S.C. App.), and including not to
exceed $125,000 for certain confidential operational expenses, including
the payment of informants, to be expended under the direction of the
Inspector General pursuant to the Inspector General Act of 1978 (Public
Law 95-452; 5 U.S.C. App.) and section 1337 of the Agriculture and Food
Act of 1981 (Public Law 97-98).
Office of the General Counsel
For necessary expenses of the Office of the General Counsel,
$45,146,000.
Office of Ethics
For necessary expenses of the Office of Ethics, $4,136,000.
Office of the Under Secretary for Research, Education, and Economics
For necessary expenses of the Office of the Under Secretary for
Research, Education, and Economics, $800,000: Provided, That
[[Page 133 STAT. 2615]]
funds made available by this Act to an agency in the Research,
Education, and Economics mission area for salaries and expenses are
available to fund up to one administrative support staff for the Office.
Economic Research Service
For necessary expenses of the Economic Research Service,
$84,757,000.
National Agricultural Statistics Service
For necessary expenses of the National Agricultural Statistics
Service, $180,294,000, of which up to $45,300,000 shall be available
until expended for the Census of Agriculture:
Provided, <<NOTE: Surveys.>> That amounts made available for the Census
of Agriculture may be used to conduct Current Industrial Report surveys
subject to 7 U.S.C. 2204g(d) and (f).
Agricultural Research Service
salaries and expenses
For <<NOTE: Kansas.>> necessary expenses of the Agricultural
Research Service and for acquisition of lands by donation, exchange, or
purchase at a nominal cost not to exceed $100, and for land exchanges
where the lands exchanged shall be of equal value or shall be equalized
by a payment of money to the grantor which shall not exceed 25 percent
of the total value of the land or interests transferred out of Federal
ownership, $1,414,366,000, of which $13,100,000, to remain available
until expended, shall be used for transition and equipment purchases for
the National Bio and Agro-Defense Facility located in Manhattan,
Kansas: <<NOTE: Notification. Strategic plan.>> Provided, That of the
amounts available to the Agricultural Research Service for the National
Bio and Agro-Defense Facility, no funds may be obligated above the
amount provided for the facility in Public Law 116-6 until the Secretary
of Agriculture submits to the Committees on Appropriations of both
Houses of Congress, and receives written or electronic notification of
receipt from such Committees, a strategic plan as required in House
Report 116-107: Provided further, That <<NOTE: 7 USC
2254.>> appropriations hereunder shall be available for the operation
and maintenance of aircraft and the purchase of not to exceed one for
replacement only: Provided further, <<NOTE: 7 USC 2254.>> That
appropriations hereunder shall be available pursuant to 7 U.S.C. 2250
for the construction, alteration, and repair of buildings and
improvements, but unless otherwise provided, the cost of constructing
any one building shall not exceed $500,000, except for headhouses or
greenhouses which shall each be limited to $1,800,000, except for 10
buildings to be constructed or improved at a cost not to exceed
$1,100,000 each, and except for two buildings to be constructed at a
cost not to exceed $3,000,000 each, and the cost of altering any one
building during the fiscal year shall not exceed 10 percent of the
current replacement value of the building or $500,000, whichever is
greater: Provided further, <<NOTE: Contracts.>> That appropriations
hereunder shall be available for entering into lease agreements at any
Agricultural Research Service location for the construction of a
research facility by a non-Federal entity for use by the Agricultural
Research Service and a condition of the lease shall be that any facility
[[Page 133 STAT. 2616]]
shall be owned, operated, and maintained by the non-Federal entity and
shall be removed upon the expiration or termination of the lease
agreement: <<NOTE: Maryland.>> Provided further, That the limitations
on alterations contained in this Act shall not apply to modernization or
replacement of existing facilities at Beltsville, Maryland: Provided
further, That appropriations hereunder shall be available for granting
easements at the Beltsville Agricultural Research Center: Provided
further, That the foregoing limitations shall not apply to replacement
of buildings needed to carry out the Act of April 24, 1948 (21 U.S.C.
113a): <<NOTE: Easements.>> Provided further, That appropriations
hereunder shall be available for granting easements at any Agricultural
Research Service location for the construction of a research facility by
a non-Federal entity for use by, and acceptable to, the Agricultural
Research Service and a condition of the easements shall be that upon
completion the facility shall be accepted by the Secretary, subject to
the availability of funds herein, if the Secretary finds that acceptance
of the facility is in the interest of the United States: Provided
further, That funds may be received from any State, other political
subdivision, organization, or individual for the purpose of establishing
or operating any research facility or research project of the
Agricultural Research Service, as authorized by law.
buildings and facilities
For the acquisition of land, construction, repair, improvement,
extension, alteration, and purchase of fixed equipment or facilities as
necessary to carry out the agricultural research programs of the
Department of Agriculture, where not otherwise provided, $192,700,000 to
remain available until expended, of which $166,900,000 shall be
allocated for ARS facilities co-located with university partners.
National Institute of Food and Agriculture
research and education activities
For payments to agricultural experiment stations, for cooperative
forestry and other research, for facilities, and for other expenses,
$962,864,000, which shall be for the purposes, and in the amounts,
specified in the table titled ``National Institute of Food and
Agriculture, Research and Education Activities'' in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act): Provided, That funds for research grants for
1994 institutions, education grants for 1890 institutions, capacity
building for non-land-grant colleges of agriculture, the agriculture and
food research initiative, veterinary medicine loan repayment,
multicultural scholars, graduate fellowship and institution challenge
grants, and grants management systems shall remain available until
expended: Provided further, That each institution eligible to receive
funds under the Evans-Allen program receives no less than $1,000,000:
Provided further, That funds for education grants for Alaska Native and
Native Hawaiian-serving institutions be made available to individual
eligible institutions or consortia of eligible institutions with funds
awarded equally to each of the States of Alaska and Hawaii: Provided
further, That funds for education grants for 1890 institutions shall be
made available to institutions eligible to receive funds under 7 U.S.C.
[[Page 133 STAT. 2617]]
3221 and 3222: Provided further, That not more than 5 percent of the
amounts made available by this or any other Act to carry out the
Agriculture and Food Research Initiative under 7 U.S.C. 3157 may be
retained by the Secretary of Agriculture to pay administrative costs
incurred by the Secretary in carrying out that authority.
native american institutions endowment fund
For the Native American Institutions Endowment Fund authorized by
Public Law 103-382 (7 U.S.C. 301 note), $11,880,000, to remain available
until expended.
extension activities
For payments to States, the District of Columbia, Puerto Rico, Guam,
the Virgin Islands, Micronesia, the Northern Marianas, and American
Samoa, $526,557,000, which shall be for the purposes, and in the
amounts, specified in the table titled ``National Institute of Food and
Agriculture, Extension Activities'' in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act): Provided, That funds for facility improvements at
1890 institutions shall remain available until expended: Provided
further, That institutions eligible to receive funds under 7 U.S.C. 3221
for cooperative extension receive no less than $1,000,000: Provided
further, That funds for cooperative extension under sections 3(b) and
(c) of the Smith-Lever Act (7 U.S.C. 343(b) and (c)) and section 208(c)
of Public Law 93-471 shall be available for retirement and employees'
compensation costs for extension agents.
integrated activities
For the integrated research, education, and extension grants
programs, including necessary administrative expenses, $38,000,000,
which shall be for the purposes, and in the amounts, specified in the
table titled ``National Institute of Food and Agriculture, Integrated
Activities'' in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act): Provided, That
funds for the Food and Agriculture Defense Initiative shall remain
available until September 30, 2021: Provided further, That
notwithstanding any other provision of law, indirect costs shall not be
charged against any Extension Implementation Program Area grant awarded
under the Crop Protection/Pest Management Program (7 U.S.C. 7626).
Office of the Under Secretary for Marketing and Regulatory Programs
For necessary expenses of the Office of the Under Secretary for
Marketing and Regulatory Programs, $800,000: Provided, That funds made
available by this Act to an agency in the Marketing and Regulatory
Programs mission area for salaries and expenses are available to fund up
to one administrative support staff for the Office.
[[Page 133 STAT. 2618]]
Animal and Plant Health Inspection Service
salaries and expenses
(including transfers of funds)
For necessary expenses of the Animal and Plant Health Inspection
Service, including up to $30,000 for representation allowances and for
expenses pursuant to the Foreign Service Act of 1980 (22 U.S.C. 4085),
$1,042,711,000, of which $470,000, to remain available until expended,
shall be available for the control of outbreaks of insects, plant
diseases, animal diseases and for control of pest animals and birds
(``contingency fund'') to the extent necessary to meet emergency
conditions; of which $11,520,000, to remain available until expended,
shall be used for the cotton pests program, including for cost share
purposes or for debt retirement for active eradication zones; of which
$37,857,000, to remain available until expended, shall be for Animal
Health Technical Services; of which $1,000,000 shall be for activities
under the authority of the Horse Protection Act of 1970, as amended (15
U.S.C. 1831); of which $62,840,000, to remain available until expended,
shall be used to support avian health; of which $4,251,000, to remain
available until expended, shall be for information technology
infrastructure; of which $192,013,000, to remain available until
expended, shall be for specialty crop pests; of which, $13,826,000, to
remain available until expended, shall be for field crop and rangeland
ecosystem pests; of which $16,523,000, to remain available until
expended, shall be for zoonotic disease management; of which
$40,966,000, to remain available until expended, shall be for emergency
preparedness and response; of which $60,000,000, to remain available
until expended, shall be for tree and wood pests; of which $5,725,000,
to remain available until expended, shall be for the National Veterinary
Stockpile; of which up to $1,500,000, to remain available until
expended, shall be for the scrapie program for indemnities; of which
$2,500,000, to remain available until expended, shall be for the
wildlife damage management program for aviation safety: Provided, That
of amounts available under this heading for wildlife services methods
development, $1,000,000 shall remain available until expended: Provided
further, That <<NOTE: Kansas.>> of amounts available under this heading
for the screwworm program, $4,990,000 shall remain available until
expended; of which $20,800,000, to remain available until expended,
shall be used to carry out the science program and transition activities
for the National Bio and Agro-defense Facility located in Manhattan,
Kansas: Provided further, <<NOTE: Notification. Strategic plan.>> That
of the amounts available to the Animal and Plant Health Inspection
Service for the National Bio and Agro-Defense Facility, no funds may be
obligated above the amount provided for the facility in Public Law 116-6
until the Secretary of Agriculture submits to the Committees on
Appropriations of both Houses of Congress, and receives written or
electronic notification of receipt from such Committees, a strategic
plan as required in House Report 116-107: Provided
further, <<NOTE: Brucellosis eradication.>> That no funds shall be used
to formulate or administer a brucellosis eradication program for the
current fiscal year that does not require minimum matching by the States
of at least 40 percent: Provided further, That this appropriation shall
be available for the purchase, replacement, operation, and maintenance
of aircraft: Provided further,
[[Page 133 STAT. 2619]]
That in addition, in emergencies which threaten any segment of the
agricultural production industry of the United States, the Secretary may
transfer from other appropriations or funds available to the agencies or
corporations of the Department such sums as may be deemed necessary, to
be available only in such emergencies for the arrest and eradication of
contagious or infectious disease or pests of animals, poultry, or
plants, and for expenses in accordance with sections 10411 and 10417 of
the Animal Health Protection Act (7 U.S.C. 8310 and 8316) and sections
431 and 442 of the Plant Protection Act (7 U.S.C. 7751 and 7772), and
any unexpended balances of funds transferred for such emergency purposes
in the preceding fiscal year shall be merged with such transferred
amounts: Provided further, That appropriations hereunder shall be
available pursuant to law (7 U.S.C. 2250) for the repair and alteration
of leased buildings and improvements, but unless otherwise provided the
cost of altering any one building during the fiscal year shall not
exceed 10 percent of the current replacement value of the building.
In fiscal <<NOTE: Fees. Reimbursement.>> year 2020, the agency is
authorized to collect fees to cover the total costs of providing
technical assistance, goods, or services requested by States, other
political subdivisions, domestic and international organizations,
foreign governments, or individuals, provided that such fees are
structured such that any entity's liability for such fees is reasonably
based on the technical assistance, goods, or services provided to the
entity by the agency, and such fees shall be reimbursed to this account,
to remain available until expended, without further appropriation, for
providing such assistance, goods, or services.
buildings and facilities
For plans, construction, repair, preventive maintenance,
environmental support, improvement, extension, alteration, and purchase
of fixed equipment or facilities, as authorized by 7 U.S.C. 2250, and
acquisition of land as authorized by 7 U.S.C. 2268a, $3,175,000, to
remain available until expended.
Agricultural Marketing Service
marketing services
For necessary expenses of the Agricultural Marketing Service,
$186,936,000, of which $6,000,000 shall be available for the purposes of
section 12306 of Public Law 113-79: Provided, That this appropriation
shall be available pursuant to law (7 U.S.C. 2250) for the alteration
and repair of buildings and improvements, but the cost of altering any
one building during the fiscal year shall not exceed 10 percent of the
current replacement value of the building: Provided further, That up to
$4,454,000 of this appropriation may be used for United States Warehouse
Act activities to supplement amounts made available by the United States
Warehouse Act.
Fees <<NOTE: Fees.>> may be collected for the cost of
standardization activities, as established by regulation pursuant to law
(31 U.S.C. 9701).
[[Page 133 STAT. 2620]]
limitation on administrative expenses
Not to exceed $61,227,000 (from fees collected) shall be obligated
during the current fiscal year for administrative expenses:
Provided, <<NOTE: Notification.>> That if crop size is understated and/
or other uncontrollable events occur, the agency may exceed this
limitation by up to 10 percent with notification to the Committees on
Appropriations of both Houses of Congress.
funds for strengthening markets, income, and supply (section 32)
(including transfers of funds)
Funds available under section 32 of the Act of August 24, 1935 (7
U.S.C. 612c), shall be used only for commodity program expenses as
authorized therein, and other related operating expenses, except for:
(1) transfers to the Department of Commerce as authorized by the Fish
and Wildlife Act of 1956 (16 U.S.C. 742a et seq.); (2) transfers
otherwise provided in this Act; and (3) not more than $20,705,000 for
formulation and administration of marketing agreements and orders
pursuant to the Agricultural Marketing Agreement Act of 1937 and the
Agricultural Act of 1961 (Public Law 87-128).
payments to states and possessions
For payments to departments of agriculture, bureaus and departments
of markets, and similar agencies for marketing activities under section
204(b) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1623(b)),
$1,235,000.
limitation on inspection and weighing services expenses
Not to exceed $55,000,000 (from fees collected) shall be obligated
during the current fiscal year for inspection and weighing services:
Provided, <<NOTE: Notification.>> That if grain export activities
require additional supervision and oversight, or other uncontrollable
factors occur, this limitation may be exceeded by up to 10 percent with
notification to the Committees on Appropriations of both Houses of
Congress.
Office of the Under Secretary for Food Safety
For necessary expenses of the Office of the Under Secretary for Food
Safety, $800,000: Provided, That funds made available by this Act to an
agency in the Food Safety mission area for salaries and expenses are
available to fund up to one administrative support staff for the Office.
Food Safety and Inspection Service
For necessary expenses to carry out services authorized by the
Federal Meat Inspection Act, the Poultry Products Inspection Act, and
the Egg Products Inspection Act, including not to exceed $10,000 for
representation allowances and for expenses pursuant to section 8 of the
Act approved August 3, 1956 (7 U.S.C. 1766), $1,054,344,000; and in
addition, $1,000,000 may be credited to
[[Page 133 STAT. 2621]]
this account from fees collected for the cost of laboratory
accreditation as authorized by section 1327 of the Food, Agriculture,
Conservation and Trade Act of 1990 (7 U.S.C. 138f): Provided, That
funds provided for the Public Health Data Communication Infrastructure
system shall remain available until expended: Provided
further, <<NOTE: Employment positions.>> That no fewer than 148 full-
time equivalent positions shall be employed during fiscal year 2020 for
purposes dedicated solely to inspections and enforcement related to the
Humane Methods of Slaughter Act (7 U.S.C. 1901 et seq.): Provided
further, That the Food Safety and Inspection Service shall continue
implementation of section 11016 of Public Law 110-246 as further
clarified by the amendments made in section 12106 of Public Law 113-79:
Provided further, That this appropriation shall be available pursuant to
law (7 U.S.C. 2250) for the alteration and repair of buildings and
improvements, but the cost of altering any one building during the
fiscal year shall not exceed 10 percent of the current replacement value
of the building.
TITLE II
FARM PRODUCTION AND CONSERVATION PROGRAMS
Office of the Under Secretary for Farm Production and Conservation
For necessary expenses of the Office of the Under Secretary for Farm
Production and Conservation, $901,000: Provided, That funds made
available by this Act to an agency in the Farm Production and
Conservation mission area for salaries and expenses are available to
fund up to one administrative support staff for the Office.
Farm Production and Conservation Business Center
salaries and expenses
(including transfers of funds)
For necessary expenses of the Farm Production and Conservation
Business Center, $203,877,000: Provided, That $60,228,000 of amounts
appropriated for the current fiscal year pursuant to section 1241(a) of
the Farm Security and Rural Investment Act of 1985 (16 U.S.C. 3841(a))
shall be transferred to and merged with this account.
Farm Service Agency
salaries and expenses
(including transfers of funds)
For necessary expenses of the Farm Service Agency, $1,122,837,000,
of which not less than $35,000,000 shall be for the hiring of new
employees to fill vacancies at Farm Service Agency county offices and
farm loan officers and shall be available until September 30, 2021:
Provided, <<NOTE: Notification. Expenditure plan. Cost estimates.>>
That not more than 50 percent of the funding made available under this
heading for information technology related to farm program delivery may
be obligated until
[[Page 133 STAT. 2622]]
the Secretary submits to the Committees on Appropriations of both Houses
of Congress, and receives written or electronic notification of receipt
from such Committees of, a plan for expenditure that (1) identifies for
each project/investment over $25,000 (a) the functional and performance
capabilities to be delivered and the mission benefits to be realized,
(b) the estimated lifecycle cost for the entirety of the project/
investment, including estimates for development as well as maintenance
and operations, and (c) key milestones to be met; (2) demonstrates that
each project/investment is, (a) consistent with the Farm Service Agency
Information Technology Roadmap, (b) being managed in accordance with
applicable lifecycle management policies and guidance, and (c) subject
to the applicable Department's capital planning and investment control
requirements; and (3) has been reviewed by the Government Accountability
Office and approved by the Committees on Appropriations of both Houses
of Congress: Provided further, <<NOTE: Reports. Assessment.>> That the
agency shall submit a report by the end of the fourth quarter of fiscal
year 2020 to the Committees on Appropriations and the Government
Accountability Office, that identifies for each project/investment that
is operational (a) current performance against key indicators of
customer satisfaction, (b) current performance of service level
agreements or other technical metrics, (c) current performance against a
pre-established cost baseline, (d) a detailed breakdown of current and
planned spending on operational enhancements or upgrades, and (e) an
assessment of whether the investment continues to meet business needs as
intended as well as alternatives to the investment: Provided further,
That the Secretary is authorized to use the services, facilities, and
authorities (but not the funds) of the Commodity Credit Corporation to
make program payments for all programs administered by the Agency:
Provided further, That other funds made available to the Agency for
authorized activities may be advanced to and merged with this account:
Provided further, That funds made available to county committees shall
remain available until expended: Provided further, That none of the
funds available to the Farm Service Agency shall be used to close
Farm <<NOTE: Notification.>> Service Agency county offices: Provided
further, That none of the funds available to the Farm Service Agency
shall be used to permanently relocate county based employees that would
result in an office with two or fewer employees without prior
notification and approval of the Committees on Appropriations of both
Houses of Congress.
state mediation grants
For grants pursuant to section 502(b) of the Agricultural Credit Act
of 1987, as amended (7 U.S.C. 5101-5106), $5,545,000.
grassroots source water protection program
For necessary expenses to carry out wellhead or groundwater
protection activities under section 1240O of the Food Security Act of
1985 (16 U.S.C. 3839bb-2), $6,500,000, to remain available until
expended.
[[Page 133 STAT. 2623]]
dairy indemnity program
(including transfer of funds)
For necessary expenses involved in making indemnity payments to
dairy farmers and manufacturers of dairy products under a dairy
indemnity program, such sums as may be necessary, to remain available
until expended: Provided, That such program is carried out by the
Secretary in the same manner as the dairy indemnity program described in
the Agriculture, Rural Development, Food and Drug Administration, and
Related Agencies Appropriations Act, 2001 (Public Law 106-387, 114 Stat.
1549A-12).
agricultural credit insurance fund program account
(including transfers of funds)
For gross obligations for the principal amount of direct and
guaranteed farm ownership (7 U.S.C. 1922 et seq.) and operating (7
U.S.C. 1941 et seq.) loans, emergency loans (7 U.S.C. 1961 et seq.),
Indian tribe land acquisition loans (25 U.S.C. 5136), boll weevil loans
(7 U.S.C. 1989), guaranteed conservation loans (7 U.S.C. 1924 et seq.),
relending program (7 U.S.C. 1936c), and Indian highly fractionated land
loans (25 U.S.C. 5136) to be available from funds in the Agricultural
Credit Insurance Fund, as follows: $2,750,000,000 for guaranteed farm
ownership loans and $1,875,000,000 for farm ownership direct loans;
$1,960,000,000 for unsubsidized guaranteed operating loans and
$1,550,133,000 for direct operating loans; emergency loans, $37,668,000;
Indian tribe land acquisition loans, $20,000,000; guaranteed
conservation loans, $150,000,000; relending program, $18,215,000; Indian
highly fractionated land loans, $10,000,000; and for boll weevil
eradication program loans, $60,000,000: Provided, <<NOTE: Pink
Bollworm.>> That the Secretary shall deem the pink bollworm to be a boll
weevil for the purpose of boll weevil eradication program loans.
For the cost of direct and guaranteed loans and grants, including
the cost of modifying loans as defined in section 502 of the
Congressional Budget Act of 1974, as follows: $58,440,000 for direct
farm operating loans, $20,972,000 for unsubsidized guaranteed farm
operating loans, emergency loans, $2,023,000; relending program,
$5,000,000; Indian highly fractionated land loans, $2,745,000; and
$60,000 for boll weevil eradication loans, to remain available until
expended.
In addition, for administrative expenses necessary to carry out the
direct and guaranteed loan programs, $317,068,000: Provided, That of
this amount, $290,917,000 shall be transferred to and merged with the
appropriation for ``Farm Service Agency, Salaries and Expenses'':
Provided further, That of this amount $16,081,000 shall be transferred
to and merged with the appropriation for ``Farm Production and
Conservation Business Center, Salaries and Expenses''.
Funds appropriated by this Act to the Agricultural Credit Insurance
Program Account for farm ownership, operating and conservation direct
loans and guaranteed loans may be transferred among these programs:
Provided, <<NOTE: Notification. Time period.>> That the Committees on
Appropriations of both Houses of Congress are notified at least 15 days
in advance of any transfer.
[[Page 133 STAT. 2624]]
Risk Management Agency
salaries and expenses
For necessary expenses of the Risk Management Agency, $58,361,000:
Provided, That $2,000,000 shall be available for compliance and
integrity activities required under section 516(b)(2)(C) of the Federal
Crop Insurance Act of 1938 (7 U.S.C. 1516(b)(2)(C)) in addition to other
amounts provided: Provided further, That not to exceed $1,000 shall be
available for official reception and representation expenses, as
authorized by 7 U.S.C. 1506(i).
Natural Resources Conservation Service
conservation operations
For necessary expenses for carrying out the provisions of the Act of
April 27, 1935 (16 U.S.C. 590a-f), including preparation of conservation
plans and establishment of measures to conserve soil and water
(including farm irrigation and land drainage and such special measures
for soil and water management as may be necessary to prevent floods and
the siltation of reservoirs and to control agricultural related
pollutants); operation of conservation plant materials centers;
classification and mapping of soil; dissemination of information;
acquisition of lands, water, and interests therein for use in the plant
materials program by donation, exchange, or purchase at a nominal cost
not to exceed $100 pursuant to the Act of August 3, 1956 (7 U.S.C.
2268a); purchase and erection or alteration or improvement of permanent
and temporary buildings; and operation and maintenance of aircraft,
$829,628,000, to remain available until September 30, 2021: Provided,
That appropriations hereunder shall be available pursuant to 7 U.S.C.
2250 for construction and improvement of buildings and public
improvements at plant materials centers, except that the cost of
alterations and improvements to other buildings and other public
improvements shall not exceed $250,000: Provided further, That when
buildings or other structures are erected on non-Federal land, that the
right to use such land is obtained as provided in 7 U.S.C. 2250a:
Provided further, That of the amounts made available under this heading,
$5,600,000, shall remain available until expended for the authorities
under 16 U.S.C. 1001-1005 and 1007-1009 for authorized ongoing watershed
projects with a primary purpose of providing water to rural communities.
watershed and flood prevention operations
For necessary expenses to carry out preventive measures, including
but not limited to surveys and investigations, engineering operations,
works of improvement, and changes in use of land, in accordance with the
Watershed Protection and Flood Prevention Act (16 U.S.C. 1001-1005 and
1007-1009) and in accordance with the provisions of laws relating to the
activities of the Department, $175,000,000, to remain available until
expended: Provided, <<NOTE: Applicability.>> That for funds provided
by this Act or any other prior Act, the limitation regarding the size of
the watershed or subwatershed exceeding two hundred and fifty thousand
acres in which such activities can be undertaken shall only apply for
activities undertaken for the primary purpose of flood prevention
(including structural and
[[Page 133 STAT. 2625]]
land treatment measures): Provided further, That of the amounts made
available under this heading, $70,000,000 shall be allocated to projects
and activities that can commence promptly following enactment; that
address regional priorities for flood prevention, agricultural water
management, inefficient irrigation systems, fish and wildlife habitat,
or watershed protection; or that address authorized ongoing projects
under the authorities of section 13 of the Flood Control Act of December
22, 1944 (Public Law 78-534) with a primary purpose of watershed
protection by preventing floodwater damage and stabilizing stream
channels, tributaries, and banks to reduce erosion and sediment
transport.
watershed rehabilitation program
Under the authorities of section 14 of the Watershed Protection and
Flood Prevention Act, $10,000,000 is provided: Provided, That of the
amounts made available under this heading, $5,000,000 shall remain
available until expended for watershed rehabilitation projects in states
with high-hazard dams and other watershed structures and that have
recently incurred flooding events which caused fatalities.
CORPORATIONS
The following corporations and agencies are hereby authorized to
make expenditures, within the limits of funds and borrowing authority
available to each such corporation or agency and in accord with law, and
to make contracts and commitments without regard to fiscal year
limitations as provided by section 104 of the Government Corporation
Control Act as may be necessary in carrying out the programs set forth
in the budget for the current fiscal year for such corporation or
agency, except as hereinafter provided.
Federal Crop Insurance Corporation Fund
For payments as authorized by section 516 of the Federal Crop
Insurance Act (7 U.S.C. 1516), such sums as may be necessary, to remain
available until expended.
Commodity Credit Corporation Fund
reimbursement for net realized losses
(including transfers of funds)
For the current fiscal year, such sums as may be necessary to
reimburse the Commodity Credit Corporation for net realized losses
sustained, but not previously reimbursed, pursuant to section 2 of the
Act of August 17, 1961 (15 U.S.C. 713a-11): Provided, That of the funds
available to the Commodity Credit Corporation under section 11 of the
Commodity Credit Corporation Charter Act (15 U.S.C. 714i) for the
conduct of its business with the Foreign Agricultural Service, up to
$5,000,000 may be transferred to and used by the Foreign Agricultural
Service for information resource management activities of the Foreign
Agricultural Service that are not related to Commodity Credit
Corporation business.
[[Page 133 STAT. 2626]]
hazardous waste management
(limitation on expenses)
For the current fiscal year, the Commodity Credit Corporation shall
not expend more than $5,000,000 for site investigation and cleanup
expenses, and operations and maintenance expenses to comply with the
requirement of section 107(g) of the Comprehensive Environmental
Response, Compensation, and Liability Act (42 U.S.C. 9607(g)), and
section 6001 of the Solid Waste Disposal Act (42 U.S.C. 6961).
TITLE III
RURAL DEVELOPMENT PROGRAMS
Office of the Under Secretary for Rural Development
For necessary expenses of the Office of the Under Secretary for
Rural Development, $800,000: Provided, That funds made available by
this Act to an agency in the Rural Development mission area for salaries
and expenses are available to fund up to one administrative support
staff for the Office.
Rural Development
salaries and expenses
(including transfers of funds)
For necessary expenses for carrying out the administration and
implementation of Rural Development programs, including activities with
institutions concerning the development and operation of agricultural
cooperatives; and for cooperative agreements; $247,835,000: Provided,
That notwithstanding any other provision of law, funds appropriated
under this heading may be used for advertising and promotional
activities that support Rural Development programs: Provided further,
That in addition to any other funds appropriated for purposes authorized
by section 502(i) of the Housing Act of 1949 (42 U.S.C. 1472(i)), any
amounts collected under such section, as amended by this Act, will
immediately be credited to this account and will remain available until
expended for such purposes.
Rural Housing Service
rural housing insurance fund program account
(including transfers of funds)
For gross obligations for the principal amount of direct and
guaranteed loans as authorized by title V of the Housing Act of 1949, to
be available from funds in the rural housing insurance fund, as follows:
$1,000,000,000 shall be for direct loans and $24,000,000,000 shall be
for unsubsidized guaranteed loans; $28,000,000 for section 504 housing
repair loans; $40,000,000 for section 515 rental housing; $230,000,000
for section 538 guaranteed multi-family housing loans; $10,000,000 for
credit sales of single
[[Page 133 STAT. 2627]]
family housing acquired property; $5,000,000 for section 523 self-help
housing land development loans; and $5,000,000 for section 524 site
development loans.
For the cost of direct and guaranteed loans, including the cost of
modifying loans, as defined in section 502 of the Congressional Budget
Act of 1974, as follows: section 502 loans, $90,000,000 shall be for
direct loans; section 504 housing repair loans, $4,679,000; section 523
self-help housing land development loans, $577,000; section 524 site
development loans, $546,000; and repair, rehabilitation, and new
construction of section 515 rental housing, $12,144,000:
Provided, <<NOTE: Fees.>> That to support the loan program level for
section 538 guaranteed loans made available under this heading the
Secretary may charge or adjust any fees to cover the projected cost of
such loan guarantees pursuant to the provisions of the Credit Reform Act
of 1990 (2 U.S.C. 661 et seq.), and the interest on such loans may not
be subsidized: Provided further, That applicants in communities that
have a current rural area waiver under section 541 of the Housing Act of
1949 (42 U.S.C. 1490q) shall be treated as living in a rural area for
purposes of section 502 guaranteed loans provided under this heading:
Provided further, That of the amounts available under this paragraph for
section 502 direct loans, no less than $5,000,000 shall be available for
direct loans for individuals whose homes will be built pursuant to a
program funded with a mutual and self-help housing grant authorized by
section 523 of the Housing Act of 1949 until June 1, 2020: Provided
further, <<NOTE: Determination.>> That the Secretary shall implement
provisions to provide incentives to nonprofit organizations and public
housing authorities to facilitate the acquisition of Rural Housing
Service (RHS) multifamily housing properties by such nonprofit
organizations and public housing authorities that commit to keep such
properties in the RHS multifamily housing program for a period of time
as determined by the Secretary, with such incentives to include, but not
be limited to, the following: allow such nonprofit entities and public
housing authorities to earn a Return on Investment on their own
resources to include proceeds from low income housing tax credit
syndication, own contributions, grants, and developer loans at favorable
rates and terms, invested in a deal; and allow reimbursement of
organizational costs associated with owner's oversight of asset referred
to as ``Asset Management Fee'' of up to $7,500 per property.
In addition, for the cost of direct loans, grants, and contracts, as
authorized by sections 514 and 516 of the Housing Act of 1949 (42 U.S.C.
1484, 1486), $18,739,000, to remain available until expended, for direct
farm labor housing loans and domestic farm labor housing grants and
contracts: Provided, That any balances available for the Farm Labor
Program Account shall be transferred to and merged with this account.
In addition, for administrative expenses necessary to carry out the
direct and guaranteed loan programs, $412,254,000 shall be transferred
to and merged with the appropriation for ``Rural Development, Salaries
and Expenses''.
rental assistance <<NOTE: Time periods.>> program
For rental assistance agreements entered into or renewed pursuant to
the authority under section 521(a)(2) of the Housing Act of 1949 or
agreements entered into in lieu of debt forgiveness
[[Page 133 STAT. 2628]]
or payments for eligible households as authorized by section
502(c)(5)(D) of the Housing Act of 1949, $1,375,000,000, of which
$40,000,000 shall be available until September 30, 2021; and in addition
such sums as may be necessary, as authorized by section 521(c) of the
Act, to liquidate debt incurred prior to fiscal year 1992 to carry out
the rental assistance program under section 521(a)(2) of the Act:
Provided, That rental assistance agreements entered into or renewed
during the current fiscal year shall be funded for a one-year period:
Provided further, That upon request by an owner of a project financed by
an existing loan under section 514 or 515 of the Act, the Secretary may
renew the rental assistance agreement for a period of 20 years or until
the term of such loan has expired, subject to annual appropriations:
Provided further, That any unexpended balances remaining at the end of
such one-year agreements may be transferred and used for purposes of any
debt reduction; maintenance, repair, or rehabilitation of any existing
projects; preservation; and rental assistance activities authorized
under title V of the Act: Provided further, That rental assistance
provided under agreements entered into prior to fiscal year 2020 for a
farm labor multi-family housing project financed under section 514 or
516 of the Act may not be recaptured for use in another project until
such assistance has remained unused for a period of 12 consecutive
months, if such project has a waiting list of tenants seeking such
assistance or the project has rental assistance eligible tenants who are
not receiving such assistance: Provided
further, <<NOTE: Applicability.>> That such recaptured rental
assistance shall, to the extent practicable, be applied to another farm
labor multi-family housing project financed under section 514 or 516 of
the Act: Provided further, <<NOTE: Determination.>> That except as
provided in the fourth proviso under this heading and notwithstanding
any other provision of the Act, the Secretary may recapture rental
assistance provided under agreements entered into prior to fiscal year
2020 for a project that the Secretary determines no longer needs rental
assistance and use such recaptured funds for current needs.
multi-family housing revitalization program
account <<NOTE: Vouchers. Loans.>>
For the rural housing voucher program as authorized under section
542 of the Housing Act of 1949, but notwithstanding subsection (b) of
such section, and for additional costs to conduct a demonstration
program for the preservation and revitalization of multi-family rental
housing properties described in this paragraph, $60,000,000, to remain
available until expended: Provided, That of the funds made available
under this heading, $32,000,000, shall be available for rural housing
vouchers to any low-income household (including those not receiving
rental assistance) residing in a property financed with a section 515
loan which has been prepaid after September 30, 2005: Provided further,
That the amount of such voucher shall be the difference between
comparable market rent for the section 515 unit and the tenant paid rent
for such unit: Provided further, That funds made available for such
vouchers shall be subject to the availability of annual appropriations:
Provided further, That the Secretary shall, to the maximum extent
practicable, administer such vouchers with current regulations and
administrative guidance applicable to section 8 housing vouchers
administered by the Secretary of the Department of Housing and Urban
Development: Provided <<NOTE: Determination.>> further, That if the
[[Page 133 STAT. 2629]]
Secretary determines that the amount made available for vouchers in this
or any other Act is not needed for vouchers, the Secretary may use such
funds for the demonstration program for the preservation and
revitalization of multi-family rental housing properties described in
this paragraph: Provided further, That of the funds made available
under this heading, $28,000,000 shall be available for a demonstration
program for the preservation and revitalization of the sections 514,
515, and 516 multi-family rental housing properties to restructure
existing USDA multi-family housing loans, as the Secretary deems
appropriate, expressly for the purposes of ensuring the project has
sufficient resources to preserve the project for the purpose of
providing safe and affordable housing for low-income residents and farm
laborers including reducing or eliminating interest; deferring loan
payments, subordinating, reducing or reamortizing loan debt; and other
financial assistance including advances, payments and incentives
(including the ability of owners to obtain reasonable returns on
investment) required by the Secretary: Provided
further, <<NOTE: Contracts.>> That the Secretary shall as part of the
preservation and revitalization agreement obtain a restrictive use
agreement consistent with the terms of the
restructuring: <<NOTE: Determination.>> Provided further, That if the
Secretary determines that additional funds for vouchers described in
this paragraph are needed, funds for the preservation and revitalization
demonstration program may be used for such vouchers: Provided further,
That if Congress enacts legislation to permanently authorize a multi-
family rental housing loan restructuring program similar to the
demonstration program described herein, the Secretary may use funds made
available for the demonstration program under this heading to carry out
such legislation with the prior approval of the Committees on
Appropriations of both Houses of Congress: Provided further, That in
addition to any other available funds, the Secretary may expend not more
than $1,000,000 total, from the program funds made available under this
heading, for administrative expenses for activities funded under this
heading.
mutual and self-help housing grants
For grants and contracts pursuant to section 523(b)(1)(A) of the
Housing Act of 1949 (42 U.S.C. 1490c), $31,000,000, to remain available
until expended.
rural housing assistance grants
For grants for very low-income housing repair and rural housing
preservation made by the Rural Housing Service, as authorized by 42
U.S.C. 1474, and 1490m, $45,000,000, to remain available until expended.
rural community facilities program account
(including transfers of funds)
For gross obligations for the principal amount of direct and
guaranteed loans as authorized by section 306 and described in section
381E(d)(1) of the Consolidated Farm and Rural Development Act,
$2,800,000,000 for direct loans and $500,000,000 for guaranteed loans.
[[Page 133 STAT. 2630]]
For the cost of grants for rural community facilities programs as
authorized by section 306 and described in section 381E(d)(1) of the
Consolidated Farm and Rural Development Act, $49,000,000, to remain
available until expended: Provided, That $6,000,000 of the amount
appropriated under this heading shall be available for a Rural Community
Development Initiative: Provided further, That such funds shall be used
solely to develop the capacity and ability of private, nonprofit
community-based housing and community development organizations, low-
income rural communities, and Federally Recognized Native American
Tribes to undertake projects to improve housing, community facilities,
community and economic development projects in rural areas: Provided
further, That such funds shall be made available to qualified private,
nonprofit and public intermediary organizations proposing to carry out a
program of financial and technical assistance: Provided further, That
such intermediary organizations shall provide matching funds from other
sources, including Federal funds for related activities, in an amount
not less than funds provided: <<NOTE: Grants.>> Provided further, That
$6,000,000 of the amount appropriated under this heading shall be to
provide grants for facilities in rural communities with extreme
unemployment and severe economic depression (Public Law 106-387), with
up to 5 percent for administration and capacity building in the State
rural development offices: Provided <<NOTE: Grants.>> further, That
$5,000,000 of the amount appropriated under this heading shall be
available for community facilities grants to tribal colleges, as
authorized by section 306(a)(19) of such Act: Provided further, That
sections 381E-H and 381N of the Consolidated Farm and Rural Development
Act are not applicable to the funds made available under this heading.
Rural Business--Cooperative Service
rural business program account
(including transfers of funds)
For the cost of loan guarantees and grants, for the rural business
development programs authorized by section 310B and described in
subsections (a), (c), (f) and (g) of section 310B of the Consolidated
Farm and Rural Development Act, $66,500,000, to remain available until
expended: Provided, <<NOTE: Grants.>> That of the amount appropriated
under this heading, not to exceed $500,000 shall be made available for
one grant to a qualified national organization to provide technical
assistance for rural transportation in order to promote economic
development and $9,000,000 shall be for grants to the Delta Regional
Authority (7 U.S.C. 2009aa et seq.), the Northern Border Regional
Commission (40 U.S.C. 15101 et seq.), and the Appalachian Regional
Commission (40 U.S.C. 14101 et seq.) for any Rural Community Advancement
Program purpose as described in section 381E(d) of the Consolidated Farm
and Rural Development Act, of which not more than 5 percent may be used
for administrative expenses: Provided further, <<NOTE: Grants.>> That
$4,000,000 of the amount appropriated under this heading shall be for
business grants to benefit Federally Recognized Native American Tribes,
including $250,000 for a grant to a qualified national organization to
provide technical assistance for rural transportation in order to
promote economic development: Provided further, That sections
[[Page 133 STAT. 2631]]
381E-H and 381N of the Consolidated Farm and Rural Development Act are
not applicable to funds made available under this heading.
intermediary relending program fund account
(including transfer of funds)
For the principal amount of direct loans, as authorized by the
Intermediary Relending Program Fund Account (7 U.S.C. 1936b),
$18,889,000.
For the cost of direct loans, $5,219,000, as authorized by the
Intermediary Relending Program Fund Account (7 U.S.C. 1936b), of which
$557,000 shall be available through June 30, 2020, for Federally
Recognized Native American Tribes; and of which $1,072,000 shall be
available through June 30, 2020, for Mississippi Delta Region counties
(as determined in accordance with Public Law 100-460): Provided, That
such costs, including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974.
In addition, for administrative expenses to carry out the direct
loan programs, $4,468,000 shall be transferred to and merged with the
appropriation for ``Rural Development, Salaries and Expenses''.
rural economic development loans program account
For the principal amount of direct loans, as authorized under
section 313B(a) of the Rural Electrification Act, for the purpose of
promoting rural economic development and job creation projects,
$50,000,000.
The cost of grants authorized under section 313B(a) of the Rural
Electrification Act, for the purpose of promoting rural economic
development and job creation projects shall not exceed $10,000,000.
rural cooperative development grants
For rural cooperative development grants authorized under section
310B(e) of the Consolidated Farm and Rural Development Act (7 U.S.C.
1932), $26,600,000, of which $2,800,000 shall be for cooperative
agreements for the appropriate technology transfer for rural areas
program: Provided, That not to exceed $3,000,000 shall be for grants
for cooperative development centers, individual cooperatives, or groups
of cooperatives that serve socially disadvantaged groups and a majority
of the boards of directors or governing boards of which are comprised of
individuals who are members of socially disadvantaged groups; and of
which $15,000,000, to remain available until expended, shall be for
value-added agricultural product market development grants, as
authorized by section 210A of the Agricultural Marketing Act of 1946, of
which $3,000,000, to remain available until expended, shall be for
Agriculture Innovation Centers authorized pursuant to section 6402 of
Public Law 107-171.
[[Page 133 STAT. 2632]]
rural microentrepreneur assistance program
For the cost of loans and grants, $6,000,000 under the same terms
and conditions as authorized by section 379E of the Consolidated Farm
and Rural Development Act (7 U.S.C. 2008s): Provided, That such costs
of loans, including the cost of modifying such loans, shall be defined
in section 502 of the Congressional Budget Act of 1974.
rural energy for america program
For the cost of a program of loan guarantees, under the same terms
and conditions as authorized by section 9007 of the Farm Security and
Rural Investment Act of 2002 (7 U.S.C. 8107), $706,000: Provided, That
the cost of loan guarantees, including the cost of modifying such loans,
shall be as defined in section 502 of the Congressional Budget Act of
1974.
Rural Utilities Service
rural water and waste disposal program account <<NOTE: Grants.>>
(including transfers of funds)
For the cost of direct loans, loan guarantees and grants for rural
water, waste water, waste disposal, and solid waste management programs
authorized by sections 306, 306A, 306C, 306D, 306E, and 310B and
described in sections 306C(a)(2), 306D, 306E, and 381E(d)(2) of the
Consolidated Farm and Rural Development Act, $659,480,000, to remain
available until expended, of which not to exceed $1,000,000 shall be
available for the rural utilities program described in section
306(a)(2)(B) of such Act, and of which not to exceed $5,000,000 shall be
available for the rural utilities program described in section 306E of
such Act: Provided, That not to exceed $15,000,000 of the amount
appropriated under this heading shall be for grants authorized by
section 306A(i)(2) of the Consolidated Farm and Rural Development Act in
addition to funding authorized by section 306A(i)(1) of such Act:
Provided further, <<NOTE: Loans.>> That $68,000,000 of the amount
appropriated under this heading shall be for loans and grants including
water and waste disposal systems grants authorized by section
306C(a)(2)(B) and section 306D of the Consolidated Farm and Rural
Development Act, and Federally Recognized Native American Tribes
authorized by 306C(a)(1) of such Act: Provided further, That funding
provided for section 306D of the Consolidated Farm and Rural Development
Act may be provided to a consortium formed pursuant to section 325 of
Public Law 105-83: Provided further, <<NOTE: Alaska.>> That not more
than 2 percent of the funding provided for section 306D of the
Consolidated Farm and Rural Development Act may be used by the State of
Alaska for training and technical assistance programs and not more than
2 percent of the funding provided for section 306D of the Consolidated
Farm and Rural Development Act may be used by a consortium formed
pursuant to section 325 of Public Law 105-83 for training and technical
assistance programs: Provided further, That not to exceed $30,000,000
of the amount appropriated under this heading shall be for technical
assistance grants for rural water and waste systems pursuant to section
306(a)(14) of such Act, unless the Secretary makes a determination of
extreme
[[Page 133 STAT. 2633]]
need, of which $8,000,000 shall be made available for a grant to a
qualified nonprofit multi-State regional technical assistance
organization, with experience in working with small communities on water
and waste water problems, the principal purpose of such grant shall be
to assist rural communities with populations of 3,300 or less, in
improving the planning, financing, development, operation, and
management of water and waste water systems, and of which not less than
$800,000 shall be for a qualified national Native American organization
to provide technical assistance for rural water systems for tribal
communities: Provided <<NOTE: Contracts.>> further, That not to exceed
$19,570,000 of the amount appropriated under this heading shall be for
contracting with qualified national organizations for a circuit rider
program to provide technical assistance for rural water systems:
Provided further, That not to exceed $4,000,000 shall be for solid waste
management grants: Provided further, That $10,000,000 of the amount
appropriated under this heading shall be transferred to, and merged
with, the Rural Utilities Service, High Energy Cost Grants Account to
provide grants authorized under section 19 of the Rural Electrification
Act of 1936 (7 U.S.C. 918a): Provided further, That any prior year
balances for high-energy cost grants authorized by section 19 of the
Rural Electrification Act of 1936 (7 U.S.C. 918a) shall be transferred
to and merged with the Rural Utilities Service, High Energy Cost Grants
Account: Provided further, That sections 381E-H and 381N of the
Consolidated Farm and Rural Development Act are not applicable to the
funds made available under this heading.
rural electrification and telecommunications loans program account
(including transfer of funds)
The principal amount of direct and guaranteed loans as authorized by
sections 305, 306, and 317 of the Rural Electrification Act of 1936 (7
U.S.C. 935, 936, and 940g) shall be made as follows: loans made pursuant
to sections 305, 306, and 317, notwithstanding 317(c), of that Act,
rural electric, $5,500,000,000; guaranteed underwriting loans pursuant
to section 313A of that Act, $750,000,000; 5 percent rural
telecommunications loans, cost of money rural telecommunications loans,
and for loans made pursuant to section 306 of that Act, rural
telecommunications loans, $690,000,000: Provided, That up to
$2,000,000,000 shall be used for the construction, acquisition, design
and engineering or improvement of fossil-fueled electric generating
plants (whether new or existing) that utilize carbon subsurface
utilization and storage systems.
For the cost of direct loans as authorized by section 305 of the
Rural Electrification Act of 1936 (7 U.S.C. 935), including the cost of
modifying loans, as defined in section 502 of the Congressional Budget
Act of 1974, cost of money rural telecommunications loans, $3,795,000.
In addition, for administrative expenses necessary to carry out the
direct and guaranteed loan programs, $33,270,000, which shall be
transferred to and merged with the appropriation for ``Rural
Development, Salaries and Expenses''.
[[Page 133 STAT. 2634]]
distance learning, telemedicine, and broadband program
For the principal amount of broadband telecommunication loans,
$11,179,000.
For <<NOTE: Grants.>> grants for telemedicine and distance learning
services in rural areas, as authorized by 7 U.S.C. 950aaa et seq.,
$50,000,000, to remain available until expended: Provided, That
$3,000,000 shall be made available for grants authorized by 379G of the
Consolidated Farm and Rural Development Act: Provided further, That
funding provided under this heading for grants under 379G of the
Consolidated Farm and Rural Development Act may only be provided to
entities that meet all of the eligibility criteria for a consortium as
established by this section.
For <<NOTE: Loans.>> the cost of broadband loans, as authorized by
section 601 of the Rural Electrification Act, $2,000,000, to remain
available until expended: Provided, That the cost of direct loans shall
be as defined in section 502 of the Congressional Budget Act of 1974.
In addition, $35,000,000, to remain available until expended, for a
grant program to finance broadband transmission in rural areas eligible
for Distance Learning and Telemedicine Program benefits authorized by 7
U.S.C. 950aaa et seq.
TITLE IV
DOMESTIC FOOD PROGRAMS
Office of the Under Secretary for Food, Nutrition, and Consumer Services
For necessary expenses of the Office of the Under Secretary for
Food, Nutrition, and Consumer Services, $800,000: Provided, That funds
made available by this Act to an agency in the Food, Nutrition and
Consumer Services mission area for salaries and expenses are available
to fund up to one administrative support staff for the Office.
Food and Nutrition Service
child nutrition programs
(including transfers of funds)
For necessary expenses to carry out the Richard B. Russell National
School Lunch Act (42 U.S.C. 1751 et seq.), except section 21, and the
Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), except sections 17
and 21; $23,615,098,000 to remain available through September 30, 2021,
of which such sums as are made available under section 14222(b)(1) of
the Food, Conservation, and Energy Act of 2008 (Public Law 110-246), as
amended by this Act, shall be merged with and available for the same
time period and purposes as provided herein: Provided, That of the
total amount available, $18,004,000 shall be available to carry out
section 19 of the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.):
Provided further, <<NOTE: Studies. Evaluations.>> That of the total
amount available, $14,999,000 shall be available to carry out studies
and evaluations and shall remain available until
expended: <<NOTE: Grants.>> Provided further, That of the total amount
available, $30,000,000 shall be available to provide competitive grants
to State agencies for subgrants to local educational agencies
[[Page 133 STAT. 2635]]
and schools to purchase the equipment, with a value of greater than
$1,000, needed to serve healthier meals, improve food safety, and to
help support the establishment, maintenance, or expansion of the school
breakfast program: Provided further, That of the total amount
available, $35,000,000 shall remain available until expended to carry
out section 749(g) of the Agriculture Appropriations Act of 2010 (Public
Law 111-80): Provided further, That section 26(d) of the Richard B.
Russell National School Lunch Act (42 U.S.C. 1769g(d)) is amended in the
first sentence by striking ``2010 through 2019'' and inserting ``2010
through 2021'': Provided further, That section 9(h)(3) of the Richard
B. Russell National School Lunch Act (42 U.S.C. 1758(h)(3)) is amended
in the first sentence by striking ``For fiscal year 2019'' and inserting
``For fiscal year 2020'': Provided further, That section 9(h)(4) of the
Richard B. Russell National School Lunch Act (42 U.S.C. 1758(h)(4)) is
amended in the first sentence by striking ``For fiscal year 2019'' and
inserting ``For fiscal year 2020''.
special supplemental nutrition program for women, infants, and children
(wic)
For necessary expenses to carry out the special supplemental
nutrition program as authorized by section 17 of the Child Nutrition Act
of 1966 (42 U.S.C. 1786), $6,000,000,000, to remain available through
September 30, 2021: <<NOTE: Breastfeeding.>> Provided, That
notwithstanding section 17(h)(10) of the Child Nutrition Act of 1966 (42
U.S.C. 1786(h)(10)), not less than $90,000,000 shall be used for
breastfeeding peer counselors and other related activities, and
$14,000,000 shall be used for infrastructure: Provided further, That
none of the funds provided in this account shall be available for the
purchase of infant formula except in accordance with the cost
containment and competitive bidding requirements specified in section 17
of such Act: Provided further, That none of the funds provided shall be
available for activities that are not fully reimbursed by other Federal
Government departments or agencies unless authorized by section 17 of
such Act: <<NOTE: Waiver authority.>> Provided further, That upon
termination of a federally mandated vendor moratorium and subject to
terms and conditions established by the Secretary, the Secretary may
waive the requirement at 7 CFR 246.12(g)(6) at the request of a State
agency.
supplemental nutrition assistance program
For necessary expenses to carry out the Food and Nutrition Act of
2008 (7 U.S.C. 2011 et seq.), $67,886,285,000, of which $3,000,000,000,
to remain available through September 30, 2022, shall be placed in
reserve for use only in such amounts and at such times as may become
necessary to carry out program operations: Provided, That funds
provided herein shall be expended in accordance with section 16 of the
Food and Nutrition Act of 2008: Provided further, That of the funds
made available under this heading, $998,000 may be used to provide
nutrition education services to State agencies and Federally Recognized
Tribes participating in the Food Distribution Program on Indian
Reservations: Provided further, That <<NOTE: Workfare.>> this
appropriation shall be subject to any work registration or workfare
requirements as may be required by law: Provided further, That funds
made available for Employment and Training under this heading shall
remain available
[[Page 133 STAT. 2636]]
through September 30, 2021: Provided further, That funds made available
under this heading for section 28(d)(1), section 4(b), and section 27(a)
of the Food and Nutrition Act of 2008 shall remain available through
September 30, 2021: Provided further, That none of the funds made
available under this heading may be obligated or expended in
contravention of section 213A of the Immigration and Nationality Act (8
U.S.C. 1183A): <<NOTE: Contracts. Studies. Evaluations.>> Provided
further, That funds made available under this heading may be used to
enter into contracts and employ staff to conduct studies, evaluations,
or to conduct activities related to program integrity provided that such
activities are authorized by the Food and Nutrition Act of 2008.
commodity assistance program
For necessary expenses to carry out disaster assistance and the
Commodity Supplemental Food Program as authorized by section 4(a) of the
Agriculture and Consumer Protection Act of 1973 (7 U.S.C. 612c note);
the Emergency Food Assistance Act of 1983; special assistance for the
nuclear affected islands, as authorized by section 103(f)(2) of the
Compact of Free Association Amendments Act of 2003 (Public Law 108-188);
and the Farmers' Market Nutrition Program, as authorized by section
17(m) of the Child Nutrition Act of 1966, $344,248,000, to remain
available through September 30, 2021: Provided, That none of these
funds shall be available to reimburse the Commodity Credit Corporation
for commodities donated to the program: Provided further, That
notwithstanding any other provision of law, effective with funds made
available in fiscal year 2020 to support the Seniors Farmers' Market
Nutrition Program, as authorized by section 4402 of the Farm Security
and Rural Investment Act of 2002, such funds shall remain available
through September 30, 2021: Provided further, That of the funds made
available under section 27(a) of the Food and Nutrition Act of 2008 (7
U.S.C. 2036(a)), the Secretary may use up to 20 percent for costs
associated with the distribution of commodities.
nutrition programs administration
For necessary administrative expenses of the Food and Nutrition
Service for carrying out any domestic nutrition assistance program,
$155,891,000: Provided, That of the funds provided herein, $2,000,000
shall be used for the purposes of section 4404 of Public Law 107-171, as
amended by section 4401 of Public Law 110-246.
TITLE V
FOREIGN ASSISTANCE AND RELATED PROGRAMS
Office of the Under Secretary for Trade and Foreign Agricultural Affairs
For necessary expenses of the Office of the Under Secretary for
Trade and Foreign Agricultural Affairs, $875,000: Provided, That funds
made available by this Act to any agency in the Trade and Foreign
Agricultural Affairs mission area for salaries and expenses are
available to fund up to one administrative support staff for the Office.
[[Page 133 STAT. 2637]]
office of codex alimentarius
For necessary expenses of the Office of Codex Alimentarius,
$4,775,000, including not to exceed $40,000 for official reception and
representation expenses.
Foreign Agricultural Service
salaries and expenses
(including transfers of funds)
For necessary expenses of the Foreign Agricultural Service,
including not to exceed $250,000 for representation allowances and for
expenses pursuant to section 8 of the Act approved August 3, 1956 (7
U.S.C. 1766), $215,513,000, of which no more than 6 percent shall remain
available until September 30, 2021, for overseas operations to include
the payment of locally employed staff: Provided, That the Service may
utilize advances of funds, or reimburse this appropriation for
expenditures made on behalf of Federal agencies, public and private
organizations and institutions under agreements executed pursuant to the
agricultural food production assistance programs (7 U.S.C. 1737) and the
foreign assistance programs of the United States Agency for
International Development: Provided further, That funds made available
for middle-income country training programs, funds made available for
the Borlaug International Agricultural Science and Technology Fellowship
program, and up to $2,000,000 of the Foreign Agricultural Service
appropriation solely for the purpose of offsetting fluctuations in
international currency exchange rates, subject to documentation by the
Foreign Agricultural Service, shall remain available until expended.
food for peace title i direct credit and food for progress program
account
(including transfer of funds)
For administrative expenses to carry out the credit program of title
I, Food for Peace Act (Public Law 83-480) and the Food for Progress Act
of 1985, $142,000, shall be transferred to and merged with the
appropriation for ``Farm Service Agency, Salaries and Expenses''.
food for peace title ii grants
For expenses during the current fiscal year, not otherwise
recoverable, and unrecovered prior years' costs, including interest
thereon, under the Food for Peace Act (Public Law 83-480), for
commodities supplied in connection with dispositions abroad under title
II of said Act, $1,725,000,000, to remain available until expended.
mcgovern-dole international food for education and child nutrition
program grants
For necessary expenses to carry out the provisions of section 3107
of the Farm Security and Rural Investment Act of 2002
[[Page 133 STAT. 2638]]
(7 U.S.C. 1736o-1), $220,000,000, to remain available until expended:
Provided, That the Commodity Credit Corporation is authorized to provide
the services, facilities, and authorities for the purpose of
implementing such section, subject to reimbursement from amounts
provided herein: Provided further, That of the amount made available
under this heading, not more than 10 percent, but not less than
$20,000,000, shall remain available until expended to purchase
agricultural commodities as described in subsection 3107(a)(2) of the
Farm Security and Rural Investment Act of 2002 (7 U.S.C. 1736o-1(a)(2)).
commodity credit corporation export (loans) credit guarantee program
account
(including transfers of funds)
For administrative expenses to carry out the Commodity Credit
Corporation's Export Guarantee Program, GSM 102 and GSM 103, $6,381,000,
to cover common overhead expenses as permitted by section 11 of the
Commodity Credit Corporation Charter Act and in conformity with the
Federal Credit Reform Act of 1990, of which $6,063,000 shall be
transferred to and merged with the appropriation for ``Foreign
Agricultural Service, Salaries and Expenses'', and of which $318,000
shall be transferred to and merged with the appropriation for ``Farm
Service Agency, Salaries and Expenses''.
TITLE VI
RELATED AGENCIES AND FOOD AND DRUG ADMINISTRATION
Department of Health and Human Services
food and drug administration
salaries and expenses
For necessary expenses of the Food and Drug Administration,
including hire and purchase of passenger motor vehicles; for payment of
space rental and related costs pursuant to Public Law 92-313 for
programs and activities of the Food and Drug Administration which are
included in this Act; for rental of special purpose space in the
District of Columbia or elsewhere; in addition to amounts appropriated
to the FDA Innovation Account, for carrying out the activities described
in section 1002(b)(4) of the 21st Century Cures Act (Public Law 114-
255); for miscellaneous and emergency expenses of enforcement
activities, authorized and approved by the Secretary and to be accounted
for solely on the Secretary's certificate, not to exceed $25,000; and
notwithstanding section 521 of Public Law 107-188; $5,772,442,000:
Provided, That of the amount provided under this heading, $1,074,714,000
shall be derived from prescription drug user fees authorized by 21
U.S.C. 379h, and shall be credited to this account and remain available
until expended; $220,142,000 shall be derived from medical device user
fees authorized by 21 U.S.C. 379j, and shall be credited to this account
and remain available until expended; $513,223,000 shall be derived from
human generic drug user fees authorized by 21 U.S.C. 379j-42, and shall
be credited to this account and
[[Page 133 STAT. 2639]]
remain available until expended; $41,923,000 shall be derived from
biosimilar biological product user fees authorized by 21 U.S.C. 379j-52,
and shall be credited to this account and remain available until
expended; $30,611,000 shall be derived from animal drug user fees
authorized by 21 U.S.C. 379j-12, and shall be credited to this account
and remain available until expended; $20,151,000 shall be derived from
generic new animal drug user fees authorized by 21 U.S.C. 379j-21, and
shall be credited to this account and remain available until expended;
$712,000,000 shall be derived from tobacco product user fees authorized
by 21 U.S.C. 387s, and shall be credited to this account and remain
available until expended: Provided further, That in addition to and
notwithstanding any other provision under this heading, amounts
collected for prescription drug user fees, medical device user fees,
human generic drug user fees, biosimilar biological product user fees,
animal drug user fees, and generic new animal drug user fees that exceed
the respective fiscal year 2020 limitations are appropriated and shall
be credited to this account and remain available until expended:
Provided further, That fees derived from prescription drug, medical
device, human generic drug, biosimilar biological product, animal drug,
and generic new animal drug assessments for fiscal year 2020, including
any such fees collected prior to fiscal year 2020 but credited for
fiscal year 2020, shall be subject to the fiscal year 2020 limitations:
Provided further, That the Secretary may accept payment during fiscal
year 2020 of user fees specified under this heading and authorized for
fiscal year 2021, prior to the due date for such fees, and that amounts
of such fees assessed for fiscal year 2021 for which the Secretary
accepts payment in fiscal year 2020 shall not be included in amounts
under this heading: Provided further, That none of these funds shall be
used to develop, establish, or operate any program of user fees
authorized by 31 U.S.C. 9701: Provided further, That of the total
amount appropriated: (1) $1,088,881,000 shall be for the Center for Food
Safety and Applied Nutrition and related field activities in the Office
of Regulatory Affairs, of which no less than $15,000,000 shall be used
for inspections of foreign seafood manufacturers and field examinations
of imported seafood; (2) $1,972,093,000 shall be for the Center for Drug
Evaluation and Research and related field activities in the Office of
Regulatory Affairs; (3) $419,302,000 shall be for the Center for
Biologics Evaluation and Research and for related field activities in
the Office of Regulatory Affairs; (4) $237,741,000 shall be for the
Center for Veterinary Medicine and for related field activities in the
Office of Regulatory Affairs; (5) $581,761,000 shall be for the Center
for Devices and Radiological Health and for related field activities in
the Office of Regulatory Affairs; (6) $66,712,000 shall be for the
National Center for Toxicological Research; (7) $661,739,000 shall be
for the Center for Tobacco Products and for related field activities in
the Office of Regulatory Affairs; (8) $186,399,000 shall be for Rent and
Related activities, of which $53,913,000 is for White Oak Consolidation,
other than the amounts paid to the General Services Administration for
rent; (9) $239,717,000 shall be for payments to the General Services
Administration for rent; and (10) $318,097,000 shall be for other
activities, including the Office of the Commissioner of Food and Drugs,
the Office of Foods
[[Page 133 STAT. 2640]]
and Veterinary Medicine, the Office of Medical and Tobacco Products, the
Office of Global and Regulatory Policy, the Office of Operations, the
Office of the Chief Scientist, and central services for these offices:
Provided further, That not to exceed $25,000 of this amount shall be for
official reception and representation expenses, not otherwise provided
for, as determined by the Commissioner: Provided further, That any
transfer of funds pursuant to section 770(n) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 379dd(n)) shall only be from amounts made
available under this heading for other activities: Provided further,
That of the amounts that are made available under this heading for
``other activities'', and that are not derived from user fees,
$1,500,000 shall be transferred to and merged with the appropriation for
``Department of Health and Human Services--Office of Inspector General''
for oversight of the programs and operations of the Food and Drug
Administration and shall be in addition to funds otherwise made
available for oversight of the Food and Drug Administration: Provided
further, That funds may be transferred from one specified activity to
another with the prior approval of the Committees on Appropriations of
both Houses of Congress.
In addition, mammography user fees authorized by 42 U.S.C. 263b,
export certification user fees authorized by 21 U.S.C. 381, priority
review user fees authorized by 21 U.S.C. 360n and 360ff, food and feed
recall fees, food reinspection fees, and voluntary qualified importer
program fees authorized by 21 U.S.C. 379j-31, outsourcing facility fees
authorized by 21 U.S.C. 379j-62, prescription drug wholesale distributor
licensing and inspection fees authorized by 21 U.S.C. 353(e)(3), third-
party logistics provider licensing and inspection fees authorized by 21
U.S.C. 360eee-3(c)(1), third-party auditor fees authorized by 21 U.S.C.
384d(c)(8), and medical countermeasure priority review voucher user fees
authorized by 21 U.S.C. 360bbb-4a, and, contingent upon the enactment of
the Over-the-Counter Monograph User Fee Act of 2019, fees relating to
over-the-counter monograph drugs authorized by part 10 of subchapter C
of Chapter VII of the Federal Food, Drug and Cosmetic Act shall be
credited to this account, to remain available until expended.
buildings and facilities
For plans, construction, repair, improvement, extension, alteration,
demolition, and purchase of fixed equipment or facilities of or used by
the Food and Drug Administration, where not otherwise provided,
$11,788,000, to remain available until expended.
fda innovation account, cures act
(including transfer of funds)
For necessary expenses to carry out the purposes described under
section 1002(b)(4) of the 21st Century Cures Act, in addition to amounts
available for such purposes under the heading ``Salaries and Expenses'',
$75,000,000, to remain available until expended: Provided, That amounts
appropriated in this paragraph are appropriated pursuant to section
1002(b)(3) of the 21st Century Cures Act, are to be derived from amounts
transferred under section 1002(b)(2)(A) of such Act, and may be
transferred by the Commissioner of Food and Drugs to the appropriation
for ``Department
[[Page 133 STAT. 2641]]
of Health and Human Services Food and Drug Administration Salaries and
Expenses'' solely for the purposes provided in such Act: Provided
further, <<NOTE: Determination.>> That upon a determination by the
Commissioner that funds transferred pursuant to the previous proviso are
not necessary for the purposes provided, such amounts may be transferred
back to the account: Provided further, That such transfer authority is
in addition to any other transfer authority provided by law.
INDEPENDENT AGENCIES
Commodity Futures Trading Commission
For necessary expenses to carry out the provisions of the Commodity
Exchange Act (7 U.S.C. 1 et seq.), including the purchase and hire of
passenger motor vehicles, and the rental of space (to include multiple
year leases), in the District of Columbia and elsewhere, $284,000,000,
including not to exceed $3,000 for official reception and representation
expenses, and not to exceed $25,000 for the expenses for consultations
and meetings hosted by the Commission with foreign governmental and
other regulatory officials, of which not less than $20,000,000 shall
remain available until September 30, 2021, and of which not less than
$3,200,000 shall be for expenses of the Office of the Inspector General:
Provided, That notwithstanding the limitations in 31 U.S.C. 1553,
amounts provided under this heading are available for the liquidation of
obligations equal to current year payments on leases entered into prior
to the date of enactment of this Act: Provided further, That for the
purpose of recording and liquidating any lease obligations that should
have been recorded and liquidated against accounts closed pursuant to 31
U.S.C. 1552, and consistent with the preceding proviso, such amounts
shall be transferred to and recorded in a no-year account in the
Treasury, which has been established for the sole purpose of recording
adjustments for and liquidating such unpaid obligations.
In addition, for move, replication, and related costs associated
with replacement leases for the Commission's facilities, not to exceed
$31,000,000, to remain available until expended.
Farm Credit Administration
limitation on administrative expenses
Not to exceed $77,000,000 (from assessments collected from farm
credit institutions, including the Federal Agricultural Mortgage
Corporation) shall be obligated during the current fiscal year for
administrative expenses as authorized under 12 U.S.C. 2249: Provided,
That this limitation shall not apply to expenses associated with
receiverships: Provided further, <<NOTE: Notification.>> That the
agency may exceed this limitation by up to 10 percent with notification
to the Committees on Appropriations of both Houses of Congress:
Provided further, That the purposes of section 3.7(b)(2)(A)(i) of the
Farm Credit Act of 1971 (12 U.S.C. 2128(b)(2)(A)(i)), the Farm Credit
Administration may exempt, an amount in its sole discretion, from the
application of the limitation provided in that clause of export loans
described in the clause guaranteed or insured in a manner other than
described in subclause (II) of the clause.
[[Page 133 STAT. 2642]]
TITLE VII
GENERAL PROVISIONS
(including rescissions and transfers of funds)
Sec. 701. The Secretary may use any appropriations made available
to the Department of Agriculture in this Act to purchase new passenger
motor vehicles, in addition to specific appropriations for this purpose,
so long as the total number of vehicles purchased in fiscal year 2020
does not exceed the number of vehicles owned or leased in fiscal year
2018: <<NOTE: Determination.>> Provided, That, prior to purchasing
additional motor vehicles, the Secretary must determine that such
vehicles are necessary for transportation safety, to reduce operational
costs, and for the protection of life, property, and public safety:
Provided further, <<NOTE: Notification. Deadline.>> That the Secretary
may not increase the Department of Agriculture's fleet above the 2018
level unless the Secretary notifies in writing, and receives approval
from, the Committees on Appropriations of both Houses of Congress within
30 days of the notification.
Sec. 702. <<NOTE: Notifications.>> Notwithstanding any other
provision of this Act, the Secretary of Agriculture may transfer
unobligated balances of discretionary funds appropriated by this Act or
any other available unobligated discretionary balances that are
remaining available of the Department of Agriculture to the Working
Capital Fund for the acquisition of plant and capital equipment
necessary for the delivery of financial, administrative, and information
technology services of primary benefit to the agencies of the Department
of Agriculture, such transferred funds to remain available until
expended: Provided, That none of the funds made available by this Act
or any other Act shall be transferred to the Working Capital Fund
without the prior approval of the agency administrator: Provided
further, That none of the funds transferred to the Working Capital Fund
pursuant to this section shall be available for obligation without
written notification to and the prior approval of the Committees on
Appropriations of both Houses of Congress: Provided further, That none
of the funds appropriated by this Act or made available to the
Department's Working Capital Fund shall be available for obligation or
expenditure to make any changes to the Department's National Finance
Center without written notification to and prior approval of the
Committees on Appropriations of both Houses of Congress as required by
section 716 of this Act: Provided further, That none of the funds
appropriated by this Act or made available to the Department's Working
Capital Fund shall be available for obligation or expenditure to
initiate, plan, develop, implement, or make any changes to remove or
relocate any systems, missions, or functions of the offices of the Chief
Financial Officer or any personnel from the National Finance Center
prior to written notification to and prior approval of the Committee on
Appropriations of both Houses of Congress and in accordance with the
requirements of section 716 of this Act: Provided further, That the
Secretary of Agriculture and the offices of the Chief Financial Officer
shall actively market to existing and new Departments and other
government agencies National Finance Center shared services including,
but not limited to, payroll, financial management, and human capital
shared services and allow
[[Page 133 STAT. 2643]]
the National Finance Center to perform technology upgrades: Provided
further, That of annual income amounts in the Working Capital Fund of
the Department of Agriculture attributable to the amounts in excess of
the true costs of the shared services provided by the National Finance
Center and budgeted for the National Finance Center, the Secretary shall
reserve not more than 4 percent for the replacement or acquisition of
capital equipment, including equipment for the improvement, delivery,
and implementation of financial, administrative, and information
technology services, and other systems of the National Finance Center or
to pay any unforeseen, extraordinary cost of the National Finance
Center: Provided further, That none of the amounts reserved shall be
available for obligation unless the Secretary submits written
notification of the obligation to the Committees on Appropriations of
both Houses of Congress: Provided further, That
the <<NOTE: Determination.>> limitations on the obligation of funds
pending notification to Congressional Committees shall not apply to any
obligation that, as determined by the Secretary, is necessary to respond
to a declared state of emergency that significantly impacts the
operations of the National Finance Center; or to evacuate employees of
the National Finance Center to a safe haven to continue operations of
the National Finance Center.
Sec. 703. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 704. <<NOTE: Contracts.>> No funds appropriated by this Act
may be used to pay negotiated indirect cost rates on cooperative
agreements or similar arrangements between the United States Department
of Agriculture and nonprofit institutions in excess of 10 percent of the
total direct cost of the agreement when the purpose of such cooperative
arrangements is to carry out programs of mutual interest between the two
parties. This does not preclude appropriate payment of indirect costs on
grants and contracts with such institutions when such indirect costs are
computed on a similar basis for all agencies for which appropriations
are provided in this Act.
Sec. 705. Appropriations to the Department of Agriculture for the
cost of direct and guaranteed loans made available in the current fiscal
year shall remain available until expended to disburse obligations made
in the current fiscal year for the following accounts: the Rural
Development Loan Fund program account, the Rural Electrification and
Telecommunication Loans program account, and the Rural Housing Insurance
Fund program account.
Sec. 706. <<NOTE: Determination.>> None of the funds made
available to the Department of Agriculture by this Act may be used to
acquire new information technology systems or significant upgrades, as
determined by the Office of the Chief Information Officer, without the
approval of the Chief Information Officer and the concurrence of the
Executive Information Technology Investment Review Board:
<<NOTE: Notification.>> Provided, That notwithstanding any other
provision of law, none of the funds appropriated or otherwise made
available by this Act may be transferred to the Office of the Chief
Information Officer without written notification to and the prior
approval of the Committees on Appropriations of both Houses of Congress:
Provided further, That, notwithstanding section 11319 of title 40,
United States Code, none of the funds available to the Department of
Agriculture for information technology shall be obligated for projects,
contracts, or other agreements over $25,000 prior to receipt of written
approval by the Chief Information Officer: Provided further, That the
Chief
[[Page 133 STAT. 2644]]
Information Officer may authorize an agency to obligate funds without
written approval from the Chief Information Officer for projects,
contracts, or other agreements up to $250,000 based upon the performance
of an agency measured against the performance plan requirements
described in the explanatory statement accompanying Public Law 113-235.
Sec. 707. Funds made available under section 524(b) of the Federal
Crop Insurance Act (7 U.S.C. 1524(b)) in the current fiscal year shall
remain available until expended to disburse obligations made in the
current fiscal year.
Sec. 708. Notwithstanding any other provision of law, any former
RUS borrower that has repaid or prepaid an insured, direct or guaranteed
loan under the Rural Electrification Act of 1936, or any not-for-profit
utility that is eligible to receive an insured or direct loan under such
Act, shall be eligible for assistance under section 313B(a) of such Act
in the same manner as a borrower under such Act.
Sec. 709. (a) Except as otherwise specifically provided by law, not
more than $20,000,000 in unobligated balances from appropriations made
available for salaries and expenses in this Act for the Farm Service
Agency shall remain available through September 30, 2021, for
information technology expenses.
(b) Except as otherwise specifically provided by law, not more than
$20,000,000 in unobligated balances from appropriations made available
for salaries and expenses in this Act for the Rural Development mission
area shall remain available through September 30, 2021, for information
technology expenses.
Sec. 710. None of the funds appropriated or otherwise made
available by this Act may be used for first-class travel by the
employees of agencies funded by this Act in contravention of sections
301-10.122 through 301-10.124 of title 41, Code of Federal Regulations.
Sec. 711. In the case of each program established or amended by the
Agricultural Act of 2014 (Public Law 113-79) or by a successor to that
Act, other than by title I or subtitle A of title III of such Act, or
programs for which indefinite amounts were provided in that Act, that is
authorized or required to be carried out using funds of the Commodity
Credit Corporation--
(1) such funds shall be available for salaries and related
administrative expenses, including technical assistance,
associated with the implementation of the program, without
regard to the limitation on the total amount of allotments and
fund transfers contained in section 11 of the Commodity Credit
Corporation Charter Act (15 U.S.C. 714i); and
(2) the use of such funds for such purpose shall not be
considered to be a fund transfer or allotment for purposes of
applying the limitation on the total amount of allotments and
fund transfers contained in such section.
Sec. 712. Of the funds made available by this Act, not more than
$2,900,000 shall be used to cover necessary expenses of activities
related to all advisory committees, panels, commissions, and task forces
of the Department of Agriculture, except for panels used to comply with
negotiated rule makings and panels used to evaluate competitively
awarded grants.
Sec. 713. <<NOTE: Pornography.>> (a) None of the funds made
available in this Act may be used to maintain or establish a computer
network unless
[[Page 133 STAT. 2645]]
such network blocks the viewing, downloading, and exchanging of
pornography.
(b) Nothing in subsection (a) shall limit the use of funds necessary
for any Federal, State, tribal, or local law enforcement agency or any
other entity carrying out criminal investigations, prosecution, or
adjudication activities.
Sec. 714. Notwithstanding subsection (b) of section 14222 of Public
Law 110-246 (7 U.S.C. 612c-6; in this section referred to as ``section
14222''), none of the funds appropriated or otherwise made available by
this or any other Act shall be used to pay the salaries and expenses of
personnel to carry out a program under section 32 of the Act of August
24, 1935 (7 U.S.C. 612c; in this section referred to as ``section 32'')
in excess of $1,331,725,000 (exclusive of carryover appropriations from
prior fiscal years), as follows: Child Nutrition Programs Entitlement
Commodities--$485,000,000; State Option Contracts--$5,000,000; Removal
of Defective Commodities--$2,500,000; Administration of Section 32
Commodity Purchases--$35,853,000: Provided, <<NOTE: Notification. Time
period.>> That of the total funds made available in the matter preceding
this proviso that remain unobligated on October 1, 2020, such
unobligated balances shall carryover into fiscal year 2021 and shall
remain available until expended for any of the purposes of section 32,
except that any such carryover funds used in accordance with clause (3)
of section 32 may not exceed $350,000,000 and may not be obligated until
the Secretary of Agriculture provides written notification of the
expenditures to the Committees on Appropriations of both Houses of
Congress at least two weeks in advance: Provided further, That, with
the exception of any available carryover funds authorized in any prior
appropriations Act to be used for the purposes of clause (3) of section
32, none of the funds appropriated or otherwise made available by this
or any other Act shall be used to pay the salaries or expenses of any
employee of the Department of Agriculture to carry out clause (3) of
section 32.
Sec. 715. None of the funds appropriated by this or any other Act
shall be used to pay the salaries and expenses of personnel who prepare
or submit appropriations language as part of the President's budget
submission to the Congress for programs under the jurisdiction of the
Appropriations Subcommittees on Agriculture, Rural Development, Food and
Drug Administration, and Related Agencies that assumes revenues or
reflects a reduction from the previous year due to user fees proposals
that have not been enacted into law prior to the submission of the
budget unless such budget submission identifies which additional
spending reductions should occur in the event the user fees proposals
are not enacted prior to the date of the convening of a committee of
conference for the fiscal year 2021 appropriations Act.
Sec. 716. <<NOTE: Notifications. Time periods.>> (a) None of the
funds provided by this Act, or provided by previous appropriations Acts
to the agencies funded by this Act that remain available for obligation
or expenditure in the current fiscal year, or provided from any accounts
in the Treasury derived by the collection of fees available to the
agencies funded by this Act, shall be available for obligation or
expenditure through a reprogramming, transfer of funds, or
reimbursements as authorized by the Economy Act, or in the case of the
Department of Agriculture, through use of the authority provided by
section 702(b) of the Department of Agriculture Organic Act of 1944 (7
U.S.C. 2257) or section 8 of Public Law 89-106 (7 U.S.C. 2263), that--
[[Page 133 STAT. 2646]]
(1) creates new programs;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for any
project or activity for which funds have been denied or
restricted;
(4) relocates an office or employees;
(5) reorganizes offices, programs, or activities; or
(6) contracts out or privatizes any functions or activities
presently performed by Federal employees;
unless the Secretary of Agriculture, the Chairman of the Commodity
Futures Trading Commission, or the Secretary of Health and Human
Services (as the case may be) notifies in writing and receives approval
from the Committees on Appropriations of both Houses of Congress at
least 30 days in advance of the reprogramming of such funds or the use
of such authority.
(b) None of the funds provided by this Act, or provided by previous
Appropriations Acts to the agencies funded by this Act that remain
available for obligation or expenditure in the current fiscal year, or
provided from any accounts in the Treasury derived by the collection of
fees available to the agencies funded by this Act, shall be available
for obligation or expenditure for activities, programs, or projects
through a reprogramming or use of the authorities referred to in
subsection (a) involving funds in excess of $500,000 or 10 percent,
whichever is less, that--
(1) augments existing programs, projects, or activities;
(2) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent as
approved by Congress; or
(3) results from any general savings from a reduction in
personnel which would result in a change in existing programs,
activities, or projects as approved by Congress;
unless the Secretary of Agriculture, the Chairman of the Commodity
Futures Trading Commission, or the Secretary of Health and Human
Services (as the case may be) notifies in writing and receives approval
from the Committees on Appropriations of both Houses of Congress at
least 30 days in advance of the reprogramming or transfer of such funds
or the use of such authority.
(c) The Secretary of Agriculture, the Chairman of the Commodity
Futures Trading Commission, or the Secretary of Health and Human
Services shall notify in writing and receive approval from the
Committees on Appropriations of both Houses of Congress before
implementing any program or activity not carried out during the previous
fiscal year unless the program or activity is funded by this Act or
specifically funded by any other Act.
(d) None of the funds provided by this Act, or provided by previous
Appropriations Acts to the agencies funded by this Act that remain
available for obligation or expenditure in the current fiscal year, or
provided from any accounts in the Treasury derived by the collection of
fees available to the agencies funded by this Act, shall be available
for--
(1) modifying major capital investments funding levels,
including information technology systems, that involves
increasing or decreasing funds in the current fiscal year for
the individual investment in excess of $500,000 or 10 percent of
the total cost, whichever is less;
(2) realigning or reorganizing new, current, or vacant
positions or agency activities or functions to establish a
center,
[[Page 133 STAT. 2647]]
office, branch, or similar entity with five or more personnel;
or
(3) carrying out activities or functions that were not
described in the budget request;
unless the agencies funded by this Act notify, in writing, the
Committees on Appropriations of both Houses of Congress at least 30 days
in advance of using the funds for these purposes.
(e) As described in this section, no funds may be used for any
activities unless the Secretary of Agriculture, the Chairman of the
Commodity Futures Trading Commission, or the Secretary of Health and
Human Services receives from the Committee on Appropriations of both
Houses of Congress written or electronic mail confirmation of receipt of
the notification as required in this section.
Sec. 717. <<NOTE: Fees.>> Notwithstanding section 310B(g)(5) of the
Consolidated Farm and Rural Development Act (7 U.S.C. 1932(g)(5)), the
Secretary may assess a one-time fee for any guaranteed business and
industry loan in an amount that does not exceed 3 percent of the
guaranteed principal portion of the loan.
Sec. 718. None of the funds appropriated or otherwise made
available to the Department of Agriculture, the Food and Drug
Administration, the Commodity Futures Trading Commission, or the Farm
Credit Administration shall be used to transmit or otherwise make
available reports, questions, or responses to questions that are a
result of information requested for the appropriations hearing process
to any non-Department of Agriculture, non-Department of Health and Human
Services, non-Commodity Futures Trading Commission, or non-Farm Credit
Administration employee.
Sec. 719. <<NOTE: News stories. Notification.>> Unless otherwise
authorized by existing law, none of the funds provided in this Act, may
be used by an executive branch agency to produce any prepackaged news
story intended for broadcast or distribution in the United States unless
the story includes a clear notification within the text or audio of the
prepackaged news story that the prepackaged news story was prepared or
funded by that executive branch agency.
Sec. 720. <<NOTE: Time period. Reimbursement.>> No employee of the
Department of Agriculture may be detailed or assigned from an agency or
office funded by this Act or any other Act to any other agency or office
of the Department for more than 60 days in a fiscal year unless the
individual's employing agency or office is fully reimbursed by the
receiving agency or office for the salary and expenses of the employee
for the period of assignment.
Sec. 721. <<NOTE: Determination. Prisons and prisoners.>> For the
purposes of determining eligibility or level of program assistance for
Rural Development programs the Secretary shall not include incarcerated
prison populations.
Sec. 722. <<NOTE: Deadline. Spending plan.>> Not later than 30 days
after the date of enactment of this Act, the Secretary of Agriculture,
the Commissioner of the Food and Drug Administration, the Chairman of
the Commodity Futures Trading Commission, and the Chairman of the Farm
Credit Administration shall submit to the Committees on Appropriations
of both Houses of Congress a detailed spending plan by program, project,
and activity for all the funds made available under this Act including
appropriated user fees, as defined in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act).
Sec. 723. Of the unobligated balances from amounts made available
for the supplemental nutrition program as authorized
[[Page 133 STAT. 2648]]
by section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786),
$1,000,000,000 are hereby rescinded.
Sec. 724. <<NOTE: Loans.>> The Secretary shall continue an
intermediary loan packaging program based on the pilot program in effect
for fiscal year 2013 for packaging and reviewing section 502 single
family direct loans. The Secretary shall continue agreements with
current intermediary organizations and with additional qualified
intermediary organizations. The Secretary shall work with these
organizations to increase effectiveness of the section 502 single family
direct loan program in rural communities and shall set aside and make
available from the national reserve section 502 loans an amount
necessary to support the work of such intermediaries and provide a
priority for review of such loans.
Sec. 725. <<NOTE: Loans.>> For loans and loan guarantees that do
not require budget authority and the program level has been established
in this Act, the Secretary of Agriculture may increase the program level
for such loans and loan guarantees by not more than 25 percent:
Provided, That <<NOTE: Notification. Time period.>> prior to the
Secretary implementing such an increase, the Secretary notifies, in
writing, the Committees on Appropriations of both Houses of Congress at
least 15 days in advance.
Sec. 726. <<NOTE: Notification. Approval.>> None of the credit
card refunds or rebates transferred to the Working Capital Fund pursuant
to section 729 of the Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations Act, 2002 (7 U.S.C.
2235a; Public Law 107-76) shall be available for obligation without
written notification to, and the prior approval of, the Committees on
Appropriations of both Houses of Congress: Provided, That the refunds
or rebates so transferred shall be available for obligation only for the
acquisition of plant and capital equipment necessary for the delivery of
financial, administrative, and information technology services,
including cloud adoption and migration, of primary benefit to the
agencies of the Department of Agriculture.
Sec. 727. <<NOTE: Regulations.>> None of the funds made available
by this Act may be used to implement, administer, or enforce the
``variety'' requirements of the final rule entitled ``Enhancing Retailer
Standards in the Supplemental Nutrition Assistance Program (SNAP)''
published by the Department of Agriculture in the Federal Register on
December 15, 2016 (81 Fed. Reg. 90675) until the Secretary of
Agriculture amends the definition of the term ``variety'' as de fined in
section 278.1(b)(1)(ii)(C) of title 7, Code of Federal Regulations, and
``variety'' as applied in the definition of the term ``staple food'' as
defined in section 271.2 of title 7, Code of Federal Regulations, to
increase the number of items that qualify as acceptable varieties in
each staple food category so that the total number of such items in each
staple food category exceeds the number of such items in each staple
food category included in the final rule as published on December 15,
2016: <<NOTE: Applicability. Effective date.>> Provided, That until the
Secretary promulgates such regulatory amendments, the Secretary shall
apply the requirements regarding acceptable varieties and breadth of
stock to Supplemental Nutrition Assistance Program retailers that were
in effect on the day before the date of the enactment of the
Agricultural Act of 2014 (Public Law 113-79).
Sec. 728. In carrying out subsection (h) of section 502 of the
Housing Act of 1949 (42 U.S.C. 1472), the Secretary of Agriculture shall
have the same authority with respect to loans guaranteed
[[Page 133 STAT. 2649]]
under such section and eligible lenders for such loans as the Secretary
has under subsections (h) and (j) of section 538 of such Act (42 U.S.C.
1490p-2) with respect to loans guaranteed under such section 538 and
eligible lenders for such loans.
Sec. 729. <<NOTE: Health and health care. Electronic records.>>
None of the funds made available by this Act may be used to propose,
promulgate, or implement any rule, or take any other action with respect
to, allowing or requiring information intended for a prescribing health
care professional, in the case of a drug or biological product subject
to section 503(b)(1) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 353(b)(1)), to be distributed to such professional electronically
(in lieu of in paper form) unless and until a Federal law is enacted to
allow or require such distribution.
Sec. 730. None of the funds made available by this or any other Act
may be used to carry out the final rule promulgated by the Food and Drug
Administration and put into effect November 16, 2015, in regards to the
hazard analysis and risk-based preventive control requirements of the
current good manufacturing practice, hazard analysis, and risk-based
preventive controls for food for animals rule with respect to the
regulation of the production, distribution, sale, or receipt of dried
spent grain byproducts of the alcoholic beverage production process.
Sec. 731. <<NOTE: Determination.>> Funds made available under
title II of the Food for Peace Act (7 U.S.C. 1721 et seq.) may only be
used to provide assistance to recipient nations if adequate monitoring
and controls, as determined by the Administrator, are in place to ensure
that emergency food aid is received by the intended beneficiaries in
areas affected by food shortages and not diverted for unauthorized or
inappropriate purposes.
Sec. 732. There is hereby appropriated $12,000,000, to remain
available until expended, to carry out section 6407 of the Farm Security
and Rural Investment Act of 2002 (7 U.S.C. 8107a): Provided, That the
Secretary may allow eligible entities, or comparable entities that
provide energy efficiency services using their own billing mechanism to
offer loans to customers in any part of their service territory and to
offer loans to replace a manufactured housing unit with another
manufactured housing unit, if replacement would be more cost effective
in saving energy.
Sec. 733. (a) The Secretary of Agriculture shall--
(1) <<NOTE: Audits.>> conduct audits in a manner that
evaluates the following factors in the country or region being
audited, as applicable--
(A) veterinary control and oversight;
(B) disease history and vaccination practices;
(C) livestock demographics and traceability;
(D) epidemiological separation from potential
sources of infection;
(E) surveillance practices;
(F) diagnostic laboratory capabilities; and
(G) emergency preparedness and response; and
(2) <<NOTE: Public information. Reports.>> promptly make
publicly available the final reports of any audits or reviews
conducted pursuant to subsection (1).
(b) <<NOTE: Applicability.>> This section shall be applied in a
manner consistent with United States obligations under its international
trade agreements.
Sec. 734. No food that bears or contains partially hydrogenated
oils (as defined in the order published by the Food and Drug
Administration in the Federal Register on June 17, 2015 (80 Fed. Reg.
34650 et seq.)) shall be considered to be adulterated within
[[Page 133 STAT. 2650]]
the meaning of subsection (a)(1) or (a)(2)(C)(i) of section 402 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 342(a)) because such
food contains such partially hydrogenated oils until the applicable
compliance dates specified by FDA in the Federal Register on May 21,
2018 (83 Fed. Reg. 23358 et seq.).
Sec. 735. None of the funds made available by this Act may be used
to carry out any activities or incur any expense related to the issuance
of licenses under section 3 of the Animal Welfare Act (7 U.S.C. 2133),
or the renewal of such licenses, to class B dealers who sell dogs and
cats for use in research, experiments, teaching, or testing.
Sec. 736. <<NOTE: Iron and steel products.>> (a)(1) No Federal
funds made available for this fiscal year for the rural water, waste
water, waste disposal, and solid waste management programs authorized by
sections 306, 306A, 306C, 306D, 306E, and 310B of the Consolidated Farm
and Rural Development Act (7 U.S.C. 1926 et seq.) shall be used for a
project for the construction, alteration, maintenance, or repair of a
public water or wastewater system unless all of the iron and steel
products used in the project are produced in the United States.
(2) <<NOTE: Definition.>> In this section, the term ``iron and
steel products'' means the following products made primarily of iron or
steel: lined or unlined pipes and fittings, manhole covers and other
municipal castings, hydrants, tanks, flanges, pipe clamps and
restraints, valves, structural steel, reinforced precast concrete, and
construction materials.
(b) Subsection (a) shall not apply in any case or category of cases
in which the Secretary of Agriculture (in this section referred to as
the ``Secretary'') or the designee of the Secretary finds that--
(1) applying subsection (a) would be inconsistent with the
public interest;
(2) iron and steel products are not produced in the United
States in sufficient and reasonably available quantities or of a
satisfactory quality; or
(3) inclusion of iron and steel products produced in the
United States will increase the cost of the overall project by
more than 25 percent.
(c) <<NOTE: Public information. Records. Time period.>> If the
Secretary or the designee receives a request for a waiver under this
section, the Secretary or the designee shall make available to the
public on an informal basis a copy of the request and information
available to the Secretary or the designee concerning the request, and
shall allow for informal public input on the request for at least 15
days prior to making a finding based on the request. <<NOTE: Web
posting.>> The Secretary or the designee shall make the request and
accompanying information available by electronic means, including on the
official public Internet Web site of the Department.
(d) <<NOTE: Applicability.>> This section shall be applied in a
manner consistent with United States obligations under international
agreements.
(e) The Secretary may retain up to 0.25 percent of the funds
appropriated in this Act for ``Rural Utilities Service--Rural Water and
Waste Disposal Program Account'' for carrying out the provisions
described in subsection (a)(1) for management and oversight of the
requirements of this section.
(f) Subsection (a) shall not apply with respect to a project for
which the engineering plans and specifications include use of iron and
steel products otherwise prohibited by such subsection
[[Page 133 STAT. 2651]]
if the plans and specifications have received required approvals from
State agencies prior to the date of enactment of this Act.
(g) <<NOTE: Definitions.>> For purposes of this section, the terms
``United States'' and ``State'' shall include each of the several
States, the District of Columbia, and each federally recognized Indian
tribe.
Sec. 737. <<NOTE: Lobbying.>> None of the funds appropriated by
this Act may be used in any way, directly or indirectly, to influence
congressional action on any legislation or appropriation matters pending
before Congress, other than to communicate to Members of Congress as
described in 18 U.S.C. 1913.
Sec. 738. <<NOTE: Poultry products. China.>> None of the funds
made available by this Act may be used to procure raw or processed
poultry products imported into the United States from the People's
Republic of China for use in the school lunch program under the Richard
B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.), the Child
and Adult Care Food Program under section 17 of such Act (42 U.S.C.
1766), the Summer Food Service Program for Children under section 13 of
such Act (42 U.S.C. 1761), or the school breakfast program under the
Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.).
Sec. 739. None of the funds made available by this Act may be used
to pay the salaries or expenses of personnel--
(1) to inspect horses under section 3 of the Federal Meat
Inspection Act (21 U.S.C. 603);
(2) to inspect horses under section 903 of the Federal
Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 1901
note; Public Law 104-127); or
(3) to implement or enforce section 352.19 of title 9, Code
of Federal Regulations (or a successor regulation).
Sec. 740. Of the total amounts made available by this Act for
direct loans and grants in section 732 and in the following headings:
``Rural Housing Service--Rural Housing Insurance Fund Program Account'';
``Rural Housing Service--Mutual and Self-Help Housing Grants''; ``Rural
Housing Service--Rural Housing Assistance Grants''; ``Rural Housing
Service--Rural Community Facilities Program Account''; ``Rural Business-
Cooperative Service--Rural Business Program Account''; ``Rural Business-
Cooperative Service--Rural Economic Development Loans Program Account'';
``Rural Business-Cooperative Service--Rural Cooperative Development
Grants''; ``Rural Utilities Service--Rural Water and Waste Disposal
Program Account''; ``Rural Utilities Service--Rural Electrification and
Telecommunications Loans Program Account''; and ``Rural Utilities
Service--Distance Learning, Telemedicine, and Broadband Program'', to
the maximum extent feasible, at least 10 percent of the funds shall be
allocated for assistance in persistent poverty counties under this
section, including, notwithstanding any other provision regarding
population limits, any county seat of such a persistent poverty county
that has a population that does not exceed the authorized population
limit by more than 10 percent: Provided, That for
purposes <<NOTE: Definition.>> of this section, the term ``persistent
poverty counties'' means any county that has had 20 percent or more of
its population living in poverty over the past 30 years, as measured by
the 1990 and 2000 decennial censuses, and 2007-2011 American Community
Survey 5-year average, or any territory or possession of the United
States: Provided further <<NOTE: Applicability.>> , That with respect
to specific activities for which program levels have been made available
by this Act that are not supported by budget authority,
[[Page 133 STAT. 2652]]
the requirements of this section shall be applied to such program level.
Sec. 741. <<NOTE: China. Poultry products.>> (a) No funds shall be
used to finalize the proposed rule entitled ``Eligibility of the
People's Republic of China (PRC) to Export to the United States Poultry
Products from Birds Slaughtered in the PRC'' published in the Federal
Register by the Department of Agriculture on June 16, 2017 (82 Fed. Reg.
27625), unless the Secretary of Agriculture shall--
(1) ensure that the poultry slaughter inspection system for
the PRC is equivalent to that of the United States;
(2) ensure that, before any poultry products can enter the
United States from any such poultry plant, such poultry products
comply with all other applicable requirements for poultry
products in interstate commerce in the United States;
(3) <<NOTE: Reviews. Audits.>> conduct periodic verification
reviews and audits of any such plants in the PRC intending to
export into the United States processed poultry products;
(4) <<NOTE: Inspections.>> conduct re-inspection of such
poultry products at United States ports-of-entry to check the
general condition of such products, for the proper certification
and labeling of such products, and for any damage to such
products that may have occurred during transportation; and
(5) ensure that shipments of any such poultry products
selected to enter the United States are subject to additional
re-inspection procedures at appropriate levels to verify that
the products comply with relevant Federal regulations or
standards, including examinations for product defects and
laboratory analyses to detect harmful chemical residues or
pathogen testing appropriate for the products involved.
(b) <<NOTE: Applicability.>> This section shall be applied in a
manner consistent with obligations of the United States under any trade
agreement to which the United States is a party.
Sec. 742. In addition to any other funds made available in this Act
or any other Act, there is appropriated $9,000,000 to carry out section
18(g)(8) of the Richard B. Russell National School Lunch Act (42 U.S.C.
1769(g)), to remain available until expended.
Sec. 743. There is hereby appropriated $5,000,000, to remain
available until September 30, 2021, for the cost of loans and grants
that is consistent with section 4206 of the Agricultural Act of 2014,
for necessary expenses of the Secretary to support projects that provide
access to healthy food in underserved areas, to create and preserve
quality jobs, and to revitalize low-income communities.
Sec. 744. For an additional amount for ``Animal and Plant Health
Inspection Service--Salaries and Expenses'', $8,500,000, to remain
available until September 30, 2021, for one-time control and management
and associated activities directly related to the multiple-agency
response to citrus greening.
Sec. 745. <<NOTE: Human embryos.>> None of the funds made
available by this Act may be used to notify a sponsor or otherwise
acknowledge receipt of a submission for an exemption for investigational
use of a drug or biological product under section 505(i) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 355(i)) or section 351(a)(3) of
the Public Health Service Act (42 U.S.C. 262(a)(3)) in research in which
a human embryo is intentionally created or modified to include a
heritable genetic modification. Any such submission shall be deemed to
have not been received by the Secretary, and the exemption may not go
into effect.
[[Page 133 STAT. 2653]]
Sec. 746. <<NOTE: Regulations.>> None of the funds made available
by this or any other Act may be used to enforce the final rule
promulgated by the Food and Drug Administration entitled ``Standards for
the Growing, Harvesting, Packing, and Holding of Produce for Human
Consumption,'' and published on November 27, 2015, with respect to the
regulation of entities that grow, harvest, pack, or hold wine grapes,
hops, pulse crops, or almonds.
Sec. 747. <<NOTE: Requirement. School lunches.>> For school year
2020-2021, only a school food authority that had a negative balance in
the nonprofit school food service account as of December 31, 2019, shall
be required to establish a price for paid lunches in accordance with
Section 12(p) of the Richard B. Russell National School Lunch Act, 42
U.S.C. 1760(p).
Sec. 748. There is hereby appropriated $5,000,000, to remain
available until September 30, 2021, for a pilot program for the National
Institute of Food and Agriculture to provide grants to nonprofit
organizations for programs and services to establish and enhance farming
and ranching opportunities for military veterans.
Sec. 749. <<NOTE: School breakfast.>> For school years 2019-2020
and 2020-2021, none of the funds made available by this Act may be used
to implement or enforce the matter following the first comma in the
second sentence of footnote (c) of section 220.8(c) of title 7, Code of
Federal Regulations, with respect to the substitution of vegetables for
fruits under the school breakfast program established under section 4 of
the Child Nutrition Act of 1966 (42 U.S.C. 1773).
Sec. 750. None of the funds made available by this Act or any other
Act may be used--
(1) in contravention of section 7606 of the Agricultural Act
of 2014 (7 U.S.C. 5940), subtitle G of the Agricultural
Marketing Act of 1946, or section 10114 of the Agriculture
Improvement Act of 2018; or
(2) <<NOTE: Hemp and hemp seeds.>> to prohibit the
transportation, processing, sale, or use of hemp, or seeds of
such plant, that is grown or cultivated in accordance with
subsection section 7606 of the Agricultural Act of 2014 or
Subtitle G of the Agricultural Marketing Act of 1946, within or
outside the State in which the hemp is grown or cultivated.
Sec. 751. <<NOTE: Deadline. Fish and fishing.>> Out of amounts
appropriated to the Food and Drug Administration under title VI, the
Secretary of Health and Human Services, acting through the Commissioner
of Food and Drugs, shall, not later than July 1, 2020, and following the
review required under Executive Order No. 12866 (5 U.S.C. 601 note;
relating to regulatory planning and review), issue advice revising the
advice provided in the notice of availability entitled ``Advice About
Eating Fish, From the Environmental Protection Agency and Food and Drug
Administration; Revised Fish Advice; Availability'' (82 Fed. Reg. 6571
(January 19, 2017)), in a manner that is consistent with nutrition
science recognized by the Food and Drug Administration on the net
effects of seafood consumption.
Sec. 752. In addition to any funds made available in this Act or
any other Act, there is hereby appropriated $6,000,000, to remain
available until September 30, 2021, for grants from the National
Institute of Food and Agriculture to the 1890 Institutions to support
the Centers of Excellence.
Sec. 753. There is hereby appropriated $1,000,000 for the Secretary
of Agriculture to carry out a pilot program that assists rural hospitals
to improve long-term operations and financial health
[[Page 133 STAT. 2654]]
by providing technical assistance through analysis of current hospital
management practices.
Sec. 754. There is hereby appropriated $2,000,000, to remain
available until expended, for grants under section 12502 of Public Law
115-334.
Sec. 755. There is hereby appropriated $2,000,000 to carry out
section 1621 of Public Law 110-246.
Sec. 756. <<NOTE: Deadline. Regulations. 7 USC 6509 note.>> Not
later than 180 days after the date of the enactment of this Act, the
Secretary of Agriculture shall issue a final rule based on the proposed
rule entitled ``National Organic Program; Origin of Livestock,''
published in the Federal Register on April 28, 2015 (80 Fed.
Reg. <<NOTE: Public information.>> 23455): Provided, That the final
rule shall incorporate public comments submitted in response to the
proposed rule.
Sec. 757. There is hereby appropriated $3,000,000, to remain
available until September 30, 2021, to carry out section 4003(b) of
Public Law 115-334 relating to demonstration projects for Tribal
Organizations.
Sec. 758. There is hereby appropriated $1,000,000 for the Secretary
to carry out a pilot program that provides forestry inventory analysis,
forest management and economic outcomes modelling for certain currently
enrolled Conservation Reserve Program participants. The
Secretary <<NOTE: Contracts. Grants. Non profit organizations.>> shall
allow the Commodity Credit Corporation to enter into agreements with and
provide grants to qualified non-profit organizations dedicated to
conservation, forestry and wildlife habitats, that also have experience
in conducting accurate forest inventory analysis through the use of
advanced, cost-effective technology. The <<NOTE: Analysis. Time
period.>> Secretary shall focus the analysis on lands enrolled for at
least eight years and located in areas with a substantial concentration
of acres enrolled under conservation practices devoted to multiple
bottomland hardwood tree species including CP03, CP03A, CP11, CP22, CP31
and CP40.
Sec. 759. In addition to amounts otherwise made available by this
Act and notwithstanding the last sentence of 16 U.S.C. 1310, there is
appropriated $4,000,000, to remain available until expended, to
implement non-renewable agreements on eligible lands, including flooded
agricultural lands, as determined by the Secretary, under the Water Bank
Act (16 U.S.C. 1301-1311).
Sec. 760. The Secretary shall set aside for Rural Economic Area
Partnership (REAP) Zones, until August 15, 2020, an amount of funds made
available in title III under the headings of Rural Housing Insurance
Fund Program Account, Mutual and Self-Help Housing Grants, Rural Housing
Assistance Grants, Rural Community Facilities Program Account, Rural
Business Program Account, Rural Development Loan Fund Program Account,
and Rural Water and Waste Disposal Program Account, equal to the amount
obligated in REAP Zones with respect to funds provided under such
headings in the most recent fiscal year any such funds were obligated
under such headings for REAP Zones.
Sec. 761. There is hereby appropriated $1,000,000 to carry out
section 3307 of Public Law 115-334.
Sec. 762. <<NOTE: Waiver authority.>> The Secretary of Agriculture
may waive the matching funds requirement under Section 412(g) of the
Agricultural Research, Extension, and Education Reform Act of 1998 (7
U.S.C. 7632(g)).
Sec. 763. There is hereby appropriated $5,000,000, to remain
available until September 30, 2021, to carry out section 23 of
[[Page 133 STAT. 2655]]
the Child Nutrition Act of 1966 (42 U.S.C. 1793), of which $1,000,000
shall be for grants under such section to the Commonwealth of Puerto
Rico, the Commonwealth of the Northern Mariana Islands, the United
States Virgin Islands, Guam, and American Samoa.
Sec. 764. <<NOTE: Determinations.>> There is hereby appropriated
$1,000,000, to remain available until expended, for a pilot program for
the Secretary to provide grants to qualified non-profit organizations
and public housing authorities to provide technical assistance,
including financial and legal services, to RHS multi-family housing
borrowers to facilitate the acquisition of RHS multi-family housing
properties in areas where the Secretary determines a risk of loss of
affordable housing, by non-profit housing organizations and public
housing authorities as authorized by law that commit to keep such
properties in the RHS multi-family housing program for a period of time
as determined by the Secretary.
Sec. 765. Section 2 of the Rural Electrification Act of 1936 (7
U.S.C. 902) is amended in subsection (a) by striking ``made by the
Secretary'' and inserting ``made or guaranteed by the Secretary''.
Sec. 766. <<NOTE: Administrative transfer. 6 USC 190 note.>> The
National Bio and Agro-Defense Facility shall be transferred without
reimbursement from the Secretary of Homeland Security to the Secretary
of Agriculture.
Sec. 767. Any funds made available by this or any other Act that
the Secretary withholds pursuant to section 1668(g)(2) of the Food,
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5921(g)(2)),
as amended, shall be available for grants for biotechnology risk
assessment research: Provided, That the Secretary may transfer such
funds to appropriations of the Department of Agriculture.
Sec. 768. There is hereby appropriated $5,000,000 to carry out
section 222 of Subtitle A of the Department of Agriculture
Reorganization <<NOTE: Grants. Research and development.>> Act of 1994
(7 U.S.C. 6923) as amended by section 12302 of Public Law 115-334.
Sec. 769. There is hereby appropriated $400,000 to carry out
section 224 of Subtitle A of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 6924) as amended by section 12504
of Public Law 115-334.
Sec. 770. There is hereby appropriated $1,000,000, to remain
available until September 30, 2021, to carry out section 4208 of Public
Law 115-334.
Sec. 771. There is hereby appropriated $400,000 to carry out
section 1672(g)(4)(B) of the Food, Agriculture, Conservation, and Trade
Act of 1990 (7 U.S.C. 5925(g)(4(B)) as amended by section 7209 of Public
Law 115-334.
Sec. 772. There is hereby appropriated $5,000,000 to carry out
section 12301 of Public Law 115-334.
Sec. 773. There is hereby appropriated $5,000,000 to carry out
section 1450 of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3222e) as amended by section 7120
of Public Law 115-334.
Sec. 774. There is hereby appropriated $1,000,000 to carry out
section 1671 of the Food, Agriculture, Conservation, and Trade Act of
1990 (7 U.S.C. 5924) as amended by section 7208 of Public Law 115-334.
Sec. 775. <<NOTE: Water. Determination. Time period.>> In response
to an eligible community where the drinking water supplies are
inadequate due to a natural disaster,
[[Page 133 STAT. 2656]]
as determined by the Secretary, including drought or severe weather, the
Secretary may provide potable water through the Emergency Community
Water Assistance Grant Program for an additional period of time not to
exceed 120 days beyond the established period provided under the Program
in order to protect public health.
Sec. 776. There is hereby appropriated $6,000,000 for the purposes
described in the paragraph entitled ``Nutrition Assistance Program (NAP)
Study'' under the Supplemental Nutrition Assistance Program included in
House Report 116-107, of which $4,000,000 shall be for the Secretary to
update the Feasibility Report, and of which $2,000,000 shall be for
Puerto Rico for technology requirements: <<NOTE: Reports.>> Provided,
That the reports detailed in House Report 116-107 shall be due not later
than December 31, 2020.
Sec. 777. There is hereby appropriated $5,000,000 to remain
available until September 30, 2021, to carry out section 4206 of Public
Law 115-334.
Sec. 778. There is hereby appropriated $20,000,000, to remain
available until expended, to carry out section 12513 of Public Law 115-
334: Provided, That the Secretary shall take measures to ensure an
equal distribution of funds between the three regional innovation
initiatives.
Sec. 779. There is hereby appropriated $5,000,000, to remain
available until September 30, 2021, to carry out section 2103 of Public
Law 115-334.
Sec. 780. There is hereby appropriated $20,000,000, for an
additional amount for ``Department of Health and Human Services--Food
and Drug Administration--Buildings and Facilities'' to remain available
until expended and in addition to amounts otherwise made available for
such purposes, for necessary expenses of plans, construction, repair,
improvement, extension, alteration, demolition and purchase of fixed
equipment or facilities of or used by FDA for seafood safety.
Sec. 781. There is hereby appropriated $5,000,000 to remain
available until September 30, 2021, to carry out section 6424 of Public
Law 115-334.
Sec. 782. Of the unobligated balances from amounts made available
to carry out section 749 of Division A of Public Law 115-31 and section
739 of Division A of Public Law 115-141, $15,073,000 are rescinded.
Sec. 783. In addition to amounts otherwise made available by this
or any other Act, there is hereby appropriated $5,000,000, to remain
available until expended, to the Secretary for a pilot program to
provide grants to a regional consortium to fund technical assistance and
construction of regional wastewater systems for historically
impoverished communities that have had difficulty in installing
traditional wastewater treatment systems due to soil conditions.
Sec. 784. Section 9(i)(2) of the Food and Nutrition Act of 2008 (7
U.S.C. 2018(i)(2)) is amended by striking ``for a period'' and all that
follows through ``2018'' and inserting ``prior to December 31, 2020''.
Sec. 785. <<NOTE: Deadline. Determination. Vaping products.>> Not
later than 60 days after enactment of this Act, the Commissioner of the
Food and Drug Administration shall issue a request for information to
determine the next steps that will address the recent pulmonary
illnesses reported to be associated with the use of e-cigarettes and
vaping products. <<NOTE: Public information.>> As part of such
[[Page 133 STAT. 2657]]
request for information, the Commissioner shall request public comment
on product design and how to prevent consumers from modifying or adding
any substances to these products that are not intended by the
manufacturer: Provided, <<NOTE: Updates. Time period.>> That the Food
and Drug Administration shall provide an update to the Committee on
Appropriations on a quarterly basis.
Sec. 786. (a) In the matter preceding the first proviso under the
heading ``Supplemental Nutrition Assistance Program'' in the
Consolidated Appropriations Act, 2018 (Public Law 115-141) <<NOTE: 132
Stat. 374.>> , strike ``December 31, 2019'' and insert ``September 30,
2020''.
(b) In the matter preceding the first proviso under the heading
``Supplemental Nutrition Assistance Program'' in the Consolidated
Appropriations Act, 2019 (Public Law 116-6) <<NOTE: 133 Stat. 68.>> ,
strike ``December 31, 2020'' and insert ``September 30, 2021''.
Sec. 787. (a) There is hereby appropriated $300,000,000, to remain
available until expended, for an additional amount for section 779 of
Public Law 115-141.
(b) Section 313(b) <<NOTE: Applicability.>> of the Rural
Electrification Act of 1936, as amended (7 U.S.C. 940c(b)), shall be
applied for fiscal year 2020 and each fiscal year thereafter until the
specified funding has been expended as if the following were inserted
after the final period in subsection (b)(2): ``In addition, the
Secretary shall use $425,000,000 of funds available in this subaccount
in fiscal year 2019 for an additional amount for the same purpose and
under the same terms and conditions as funds appropriated by section 779
of Public Law 115-141 and shall use $255,000,000 of funds available in
this subaccount in fiscal year 2020 for an additional amount for the
same purpose and under the same terms and conditions as funds
appropriated by section 779 of Public Law 115-141: Provided, That any
use of such funds shall be treated as a reprogramming of funds under
section 716 of this Act.''.
(c) Section 762(b) of division B of Public Law 116-6 shall no longer
apply.
Sec. 788. <<NOTE: 7 USC 2146a.>> The Animal and Plant Health
Inspection Service shall, notwithstanding any other provision of law:
(a) <<NOTE: Deadline. Website.>> within 60 calendar days, restore
on its website the searchable database and its contents that were
available on January 30, 2017, and all content generated since that
date; and
(b) <<NOTE: Public information. Time period. Records. Reports.>>
hereafter, make publicly available via searchable database, in their
entirety without redactions except signatures, the following records
after enactment of this Act for a subsequent period of three years:
(1) all final Animal Welfare Act inspection reports,
including all reports documenting all Animal Welfare Act non-
compliances observed by USDA officials and all animal
inventories;
(2) all final Animal Welfare Act and Horse Protection Act
enforcement records;
(3) all reports or other materials documenting any non-
compliances observed by USDA officials; and
(4) within six months of receipt by the agency, all final
Animal Welfare Act research facility annual reports, including
their attachments with appropriate redactions made for
confidential business information that USDA could withhold under
FOIA Exemption 4.
Sec. 789. Notwithstanding any other provision of law, no funds
available to the Department of Agriculture may be used to move
[[Page 133 STAT. 2658]]
any agency from the mission area in which it was located on August 1,
2018, to any other mission area or office within the Department in the
absence of the enactment of specific legislation affirming such move.
Sec. 790. <<NOTE: Genetic engineering.>> Notwithstanding any other
provision of law, the acceptable market name of any engineered animal
approved prior to the effective date of the National Bioengineered Food
Disclosure Standard (February 19, 2019) shall include the words
``genetically engineered'' prior to the existing acceptable market name.
Sec. 791. (a) The remaining unobligated balances of funds made
available under the heading ``Department of Agriculture--Agricultural
Programs--Processing, Research and Marketing--Office of the Secretary''
in the Bipartisan Budget Act of 2018 (Public Law 115-123) are hereby
rescinded: Provided, That the amounts rescinded pursuant to this
subsection that were previously designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985 are designated
by the Congress as an emergency requirement pursuant to that section of
that Act.
(b) In addition to amounts otherwise made available by this Act for
``Department of Agriculture--Agricultural Programs--Processing, Research
and Marketing--Office of the Secretary'', there is appropriated for an
additional amount for fiscal year 2020, to remain available until
December 30, 2021, an amount equal to the unobligated balances rescinded
pursuant to subsection (a), for the same purposes and under the same
authorities and conditions as the funds made available under the heading
``Department of Agriculture--Agricultural Programs--Processing, Research
and Marketing--Office of the Secretary'' in the Additional Supplemental
Appropriations for Disaster Relief Act of 2019 (Public Law 116-20), as
amended by this section: Provided, That, in addition to the purposes
specified in the matter preceding the first proviso under the heading
``Department of Agriculture--Agricultural Programs--Processing, Research
and Marketing--Office of the Secretary'' in the Additional Supplemental
Appropriations for Disaster Relief Act of 2019 (Public Law 116-20), as
amended by this section, such amounts shall also be available for
quality losses of crops, drought, and excessive moisture: Provided
further, That losses due to drought shall only be eligible under this
subsection if any area within the county in which the loss occurs was
rated by the U.S. Drought Monitor as having a D3 (Extreme Drought) or
higher level of drought intensity during the applicable calendar years:
Provided further, That the Secretary may use the amounts provided under
this subsection, under the same authorities and conditions as the funds
made available under the heading ``Department of Agriculture--
Agricultural Programs--Processing, Research and Marketing--Office of the
Secretary'' in the Bipartisan Budget Act of 2018 (Public Law 115-123),
to continue to pay for losses due to Tropical Storm Cindy, and peaches
and blueberries due to freeze in 2017 and blueberry productivity losses
in 2018: Provided further, That the Secretary shall use the amounts
provided under this subsection, under the same authorities and
conditions as the funds made available under the heading ``Department of
Agriculture--Agricultural Programs--Processing, Research and Marketing--
Office of the Secretary'' in the Bipartisan Budget Act of 2018 (Public
Law 115-123), to make payments for vine losses that were eligible for,
but did not receive, payments under that heading in that
[[Page 133 STAT. 2659]]
Act: Provided further, That such amount is designated by the Congress
as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act
of 1985.
(c) Title I of the Additional Supplemental Appropriations for
Disaster Relief Act, 2019 (Public Law 116-20), as amended by section 116
of the Continuing Appropriations Act, 2020 (Public Law 116-59), is
further amended in the first proviso under the heading ``Department of
Agriculture--Agricultural Programs--Processing, Research and Marketing--
Office of the Secretary'' <<NOTE: 133 Stat. 871.>> by striking ``may
provide'' and inserting ``, in addition to the amount announced on
November 8, 2019, shall provide not less than $400,000,000 in'' , and by
adding the following before the final proviso under that heading:
`` <<NOTE: 133 Stat. 872.>> Provided further, That the Secretary shall
pay all sugar beet losses in 2018 and 2019 through cooperative
processors (to be paid to producer members as determined by such
processors) using the additional coverage level described in section
508(e)(2)(E) of the Federal Crop Insurance Act of 1938 (7 U.S.C.
1508(e)(2)(E)) for purposes of determining the Wildfire Hurricane
Indemnity Program Plus factor (as defined in section 760.1502 of title
7, Code of Federal Regulations (or successor regulations):'': Provided,
That amounts repurposed pursuant to this subsection that were previously
designated by the Congress as an emergency requirement pursuant to the
Balanced Budget and Emergency Deficit Control Act of 1985 are designated
by the Congress as an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act
of 1985.
(d) <<NOTE: Deadline.>> No later than December 31, 2020, the
remaining unobligated balances of funds made available under the heading
``Department of Agriculture--Agricultural Programs--Processing, Research
and Marketing--Office of the Secretary'' in the Additional Supplemental
Appropriations for Disaster Relief Act of 2019 (Public Law 116-20) are
hereby permanently rescinded, and an amount of additional new budget
authority equivalent to the amount rescinded is hereby appropriated, to
remain available until December 30, 2021, in addition to other funds as
may be available for such purposes, for the same purposes and under the
same authorities and conditions as the funds made available in
subsection (b): Provided, That the amounts rescinded pursuant to this
subsection that were previously designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985 are designated
by the Congress as an emergency requirement pursuant to that section of
that Act: Provided further, That the amount of additional new budget
authority made available pursuant to this subsection is designated by
the Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act
of 1985.
Sec. 792. For an additional amount for ``Department of Health and
Human Services--Office of the Secretary--Public Health and Social
Services Emergency Fund'' for purchase of vaccines, therapeutics, and
diagnostics for the prevention and treatment of Ebola, $535,000,000, to
remain available until September 30, 2024: Provided, That products
purchased with funds provided under this section may, at the discretion
of the Secretary of Health and Human Services, be deposited in the
Strategic National Stockpile under section 319F-2 of the PHS Act:
Provided further, That sections
[[Page 133 STAT. 2660]]
319C-1(h)(3) and 319C-2(h) of the PHS Act shall not apply to funds
provided under this section: Provided further, That funds provided
under this section may be used for the purposes specified in this
section or authorized under section 319F-4 of the PHS Act: Provided
further, That such amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
This division may be cited as the ``Agriculture, Rural Development,
Food and Drug Administration, and Related Agencies Appropriations Act,
2020''.
DIVISION C-- <<NOTE: Energy and Water Development and Related Agencies
Appropriations Act, 2020.>> ENERGY AND WATER DEVELOPMENT AND RELATED
AGENCIES APPROPRIATIONS ACT, 2020
TITLE I
CORPS OF ENGINEERS--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
The following appropriations shall be expended under the direction
of the Secretary of the Army and the supervision of the Chief of
Engineers for authorized civil functions of the Department of the Army
pertaining to river and harbor, flood and storm damage reduction, shore
protection, aquatic ecosystem restoration, and related efforts.
investigations
For expenses necessary where authorized by law for the collection
and study of basic information pertaining to river and harbor, flood and
storm damage reduction, shore protection, aquatic ecosystem restoration,
and related needs; for surveys and detailed studies, and plans and
specifications of proposed river and harbor, flood and storm damage
reduction, shore protection, and aquatic ecosystem restoration projects,
and related efforts prior to construction; for restudy of authorized
projects; and for miscellaneous investigations, and, when authorized by
law, surveys and detailed studies, and plans and specifications of
projects prior to construction, $151,000,000, to remain available until
expended: Provided, That the Secretary <<NOTE: Studies.>> shall
initiate six new study starts during fiscal year 2020: Provided
further, <<NOTE: Work plan.>> That the Secretary shall not deviate from
the new starts proposed in the work plan, once the plan has been
submitted to the Committees on Appropriations of both Houses of
Congress.
construction
For expenses necessary for the construction of river and harbor,
flood and storm damage reduction, shore protection, aquatic ecosystem
restoration, and related projects authorized by law; for conducting
detailed studies, and plans and specifications, of such projects
(including those involving participation by States, local governments,
or private groups) authorized or made eligible for
[[Page 133 STAT. 2661]]
selection by law (but such detailed studies, and plans and
specifications, shall not constitute a commitment of the Government to
construction); $2,681,000,000, to remain available until expended; of
which such sums as are necessary to cover the Federal share of
construction costs for facilities under the Dredged Material Disposal
Facilities program shall be derived from the Harbor Maintenance Trust
Fund as authorized by Public Law 104-303; and of which such sums as are
necessary to cover one-half of the costs of construction, replacement,
rehabilitation, and expansion of inland waterways projects, except for
Chickamauga Lock, Tennessee River, Tennessee, which shall be 35 percent
during the fiscal year covered by this Act, shall be derived from the
Inland Waterways Trust Fund, except as otherwise specifically provided
for in law: Provided, That the Secretary shall initiate six new
construction starts during fiscal year 2020: Provided
further, <<NOTE: Contracts. Deadline.>> That for new construction
projects, project cost sharing agreements shall be executed as soon as
practicable but no later than December 31, 2020: Provided further,
That <<NOTE: Funding scenario.>> no allocation for a new start shall be
considered final and no work allowance shall be made until the Secretary
provides to the Committees on Appropriations of both Houses of Congress
an out-year funding scenario demonstrating the affordability of the
selected new starts and the impacts on other projects: Provided
further, <<NOTE: Work plan.>> That the Secretary may not deviate from
the new starts proposed in the work plan, once the plan has been
submitted to the Committees on Appropriations of both Houses of
Congress.
mississippi river and tributaries
For expenses necessary for flood damage reduction projects and
related efforts in the Mississippi River alluvial valley below Cape
Girardeau, Missouri, as authorized by law, $375,000,000, to remain
available until expended, of which such sums as are necessary to cover
the Federal share of eligible operation and maintenance costs for inland
harbors shall be derived from the Harbor Maintenance Trust Fund.
operation and maintenance
For expenses necessary for the operation, maintenance, and care of
existing river and harbor, flood and storm damage reduction, aquatic
ecosystem restoration, and related projects authorized by law; providing
security for infrastructure owned or operated by the Corps, including
administrative buildings and laboratories; maintaining harbor channels
provided by a State, municipality, or other public agency that serve
essential navigation needs of general commerce, where authorized by law;
surveying and charting northern and northwestern lakes and connecting
waters; clearing and straightening channels; and removing obstructions
to navigation, $3,790,000,000, to remain available until expended, of
which such sums as are necessary to cover the Federal share of eligible
operation and maintenance costs for coastal harbors and channels, and
for inland harbors shall be derived from the Harbor Maintenance Trust
Fund; of which such sums as become available from the special account
for the Corps of Engineers established by the Land and Water
Conservation Fund Act of 1965 shall be derived from that account for
resource protection, research, interpretation, and maintenance
activities related to resource protection in the areas at which outdoor
recreation is available; and of which such
[[Page 133 STAT. 2662]]
sums as become available from fees collected under section 217 of Public
Law 104-303 shall be used to cover the cost of operation and maintenance
of the dredged material disposal facilities for which such fees have
been collected: Provided, <<NOTE: Time period. Determination.>> That 1
percent of the total amount of funds provided for each of the programs,
projects, or activities funded under this heading shall not be allocated
to a field operating activity prior to the beginning of the fourth
quarter of the fiscal year and shall be available for use by the Chief
of Engineers to fund such emergency activities as the Chief of Engineers
determines to be necessary and appropriate, and that the Chief of
Engineers shall allocate during the fourth quarter any remaining funds
which have not been used for emergency activities proportionally in
accordance with the amounts provided for the programs, projects, or
activities.
regulatory program
For expenses necessary for administration of laws pertaining to
regulation of navigable waters and wetlands, $210,000,000, to remain
available until September 30, 2021.
formerly utilized sites remedial action program
For expenses necessary to clean up contamination from sites in the
United States resulting from work performed as part of the Nation's
early atomic energy program, $200,000,000, to remain available until
expended.
flood control and coastal emergencies
For expenses necessary to prepare for flood, hurricane, and other
natural disasters and support emergency operations, repairs, and other
activities in response to such disasters as authorized by law,
$35,000,000, to remain available until expended.
expenses
For expenses necessary for the supervision and general
administration of the civil works program in the headquarters of the
Corps of Engineers and the offices of the Division Engineers; and for
costs of management and operation of the Humphreys Engineer Center
Support Activity, the Institute for Water Resources, the United States
Army Engineer Research and Development Center, and the United States
Army Corps of Engineers Finance Center allocable to the civil works
program, $203,000,000, to remain available until September 30, 2021, of
which not to exceed $5,000 may be used for official reception and
representation purposes and only during the current fiscal year:
Provided, That no part of any other appropriation provided in this title
shall be available to fund the civil works activities of the Office of
the Chief of Engineers or the civil works executive direction and
management activities of the division offices: Provided further, That
any Flood Control and Coastal Emergencies appropriation may be used to
fund the supervision and general administration of emergency operations,
repairs, and other activities in response to any flood, hurricane, or
other natural disaster.
[[Page 133 STAT. 2663]]
office of the assistant secretary of the army for civil works
For the Office of the Assistant Secretary of the Army for Civil
Works as authorized by 10 U.S.C. 3016(b)(3), $5,000,000, to remain
available until September 30, 2021: Provided, <<NOTE: Reports. Work
plan.>> That not more than 75 percent of such amount may be obligated or
expended until the Assistant Secretary submits to the Committees on
Appropriations of both Houses of Congress the report required under
section 101(d) of this Act and a work plan that allocates at least 95
percent of the additional funding provided under each heading in this
title, as designated under such heading in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act), to specific programs, projects, or activities.
GENERAL PROVISIONS--CORPS OF ENGINEERS--CIVIL
(including transfer of funds)
Sec. 101. (a) None of the funds provided in title I of this Act, or
provided by previous appropriations Acts to the agencies or entities
funded in title I of this Act that remain available for obligation or
expenditure in fiscal year 2020, shall be available for obligation or
expenditure through a reprogramming of funds that:
(1) creates or initiates a new program, project, or
activity;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel for any program, project,
or activity for which funds have been denied or restricted by
this Act, unless prior approval is received from the Committees
on Appropriations of both Houses of Congress;
(4) proposes to use funds directed for a specific activity
for a different purpose, unless prior approval is received from
the Committees on Appropriations of both Houses of Congress;
(5) augments or reduces existing programs, projects, or
activities in excess of the amounts contained in paragraphs (6)
through (10), unless prior approval is received from the
Committees on Appropriations of both Houses of Congress;
(6) Investigations.--For a base level over $100,000,
reprogramming of 25 percent of the base amount up to a limit of
$150,000 per project, study or activity is allowed: Provided,
That for a base level less than $100,000, the reprogramming
limit is $25,000: Provided further, That up to $25,000 may be
reprogrammed into any continuing study or activity that did not
receive an appropriation for existing obligations and
concomitant administrative expenses;
(7) Construction.--For a base level over $2,000,000,
reprogramming of 15 percent of the base amount up to a limit of
$3,000,000 per project, study or activity is allowed: Provided,
That for a base level less than $2,000,000, the reprogramming
limit is $300,000: Provided further, That up to $3,000,000 may
be reprogrammed for settled contractor claims, changed
conditions, or real estate deficiency judgments: Provided
further, That up to $300,000 may be reprogrammed into any
continuing study or activity that did not receive an
appropriation for existing obligations and concomitant
administrative expenses;
(8) Operation and maintenance.--Unlimited reprogramming
authority is granted for the Corps to be able to respond
[[Page 133 STAT. 2664]]
to emergencies: Provided, <<NOTE: Notification.>> That the
Chief of Engineers shall notify the Committees on Appropriations
of both Houses of Congress of these emergency actions as soon
thereafter as practicable: Provided further, That for a base
level over $1,000,000, reprogramming of 15 percent of the base
amount up to a limit of $5,000,000 per project, study, or
activity is allowed: Provided further, That for a base level
less than $1,000,000, the reprogramming limit is $150,000:
Provided further, That $150,000 may be reprogrammed into any
continuing study or activity that did not receive an
appropriation;
(9) <<NOTE: Guidelines. Applicability.>> Mississippi river
and tributaries.--The reprogramming guidelines in paragraphs
(6), (7), and (8) shall apply to the Investigations,
Construction, and Operation and Maintenance portions of the
Mississippi River and Tributaries Account, respectively; and
(10) Formerly utilized sites remedial action program.--
Reprogramming of up to 15 percent of the base of the receiving
project is permitted.
(b) De Minimus Reprogrammings.--In no case should a reprogramming
for less than $50,000 be submitted to the Committees on Appropriations
of both Houses of Congress.
(c) Continuing Authorities Program.--Subsection (a)(1) shall not
apply to any project or activity funded under the continuing authorities
program.
(d) <<NOTE: Reports.>> Not later than 60 days after the date of
enactment of this Act, the Secretary shall submit a report to the
Committees on Appropriations of both Houses of Congress to establish the
baseline for application of reprogramming and transfer authorities for
the current fiscal year which shall include:
(1) A table for each appropriation with a separate column to
display the President's budget request, adjustments made by
Congress, adjustments due to enacted rescissions, if applicable,
and the fiscal year enacted level; and
(2) A delineation in the table for each appropriation both
by object class and program, project and activity as detailed in
the budget appendix for the respective appropriations; and
(3) An identification of items of special congressional
interest.
Sec. 102. <<NOTE: Determination.>> The Secretary shall allocate
funds made available in this Act solely in accordance with the
provisions of this Act and the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated Act),
including the determination and designation of new starts.
Sec. 103. None of the funds made available in this title may be
used to award or modify any contract that commits funds beyond the
amounts appropriated for that program, project, or activity that remain
unobligated, except that such amounts may include any funds that have
been made available through reprogramming pursuant to section 101.
Sec. 104. The Secretary of the Army may transfer to the Fish and
Wildlife Service, and the Fish and Wildlife Service may accept and
expend, up to $5,400,000 of funds provided in this title under the
heading ``Operation and Maintenance'' to mitigate for fisheries lost due
to Corps of Engineers projects.
Sec. 105. None of the funds in this Act shall be used for an open
lake placement alternative for dredged material, after evaluating the
least costly, environmentally acceptable manner for
[[Page 133 STAT. 2665]]
the disposal or management of dredged material originating from Lake
Erie or tributaries thereto, unless it is approved under a State water
quality certification pursuant to section 401 of the Federal Water
Pollution Control Act (33 U.S.C. 1341): Provided, That until an open
lake placement alternative for dredged material is approved under a
State water quality certification, the Corps of Engineers shall continue
upland placement of such dredged material consistent with the
requirements of section 101 of the Water Resources Development Act of
1986 (33 U.S.C. 2211).
Sec. 106. None of the funds made available by this Act or any other
Act may be used to reorganize or to transfer the Civil Works functions
or authority of the Corps of Engineers or the Secretary of the Army to
another department or agency.
Sec. 107. Additional funding provided in this Act shall be
allocated only to projects determined to be eligible by the Chief of
Engineers.
Sec. 108. None of the funds made available by this Act may be used
to carry out any water supply reallocation study under the Wolf Creek
Dam, Lake Cumberland, Kentucky, project authorized under the Act of July
24, 1946 (60 Stat. 636, ch. 595).
TITLE II
DEPARTMENT OF THE INTERIOR
Central Utah Project
central utah project completion account
For carrying out activities authorized by the Central Utah Project
Completion Act, $20,000,000, to remain available until expended, of
which $1,800,000 shall be deposited into the Utah Reclamation Mitigation
and Conservation Account for use by the Utah Reclamation Mitigation and
Conservation Commission: Provided, That of the amount provided under
this heading, $1,500,000 shall be available until September 30, 2021,
for expenses necessary in carrying out related responsibilities of the
Secretary of the Interior: Provided further, That for fiscal year 2020,
of the amount made available to the Commission under this Act or any
other Act, the Commission may use an amount not to exceed $1,500,000 for
administrative expenses.
Bureau of Reclamation
The following appropriations shall be expended to execute authorized
functions of the Bureau of Reclamation:
water and related resources
(including transfers of funds)
For management, development, and restoration of water and related
natural resources and for related activities, including the operation,
maintenance, and rehabilitation of reclamation and other facilities,
participation in fulfilling related Federal responsibilities to Native
Americans, and related grants to, and cooperative and
[[Page 133 STAT. 2666]]
other agreements with, State and local governments, federally recognized
Indian tribes, and others, $1,512,151,000, to remain available until
expended, of which $69,932,000 shall be available for transfer to the
Upper Colorado River Basin Fund and $5,023,000 shall be available for
transfer to the Lower Colorado River Basin Development Fund; of which
such amounts as may be necessary may be advanced to the Colorado River
Dam Fund: Provided, That $10,000,000 shall be available for transfer
into the Blackfeet Water Settlement Implementation Fund established by
section 3717 of Public Law 114-322: Provided further, That the
unobligated balances in ``Water and Related Resources'' for the
Blackfeet Water Rights Settlement Act may be transferred to the
Blackfeet Water Settlement Implementation Fund account: Provided
further, That such transfers may be increased or decreased within the
overall appropriation under this heading: Provided further, That within
available funds, $250,000 shall be for grants and financial assistance
for educational activities: Provided further, That of the total
appropriated, the amount for program activities that can be financed by
the Reclamation Fund or the Bureau of Reclamation special fee account
established by 16 U.S.C. 6806 shall be derived from that Fund or
account: Provided further, That funds contributed under 43 U.S.C. 395
are available until expended for the purposes for which the funds were
contributed: Provided further, That funds advanced under 43 U.S.C. 397a
shall be credited to this account and are available until expended for
the same purposes as the sums appropriated under this heading: Provided
further, That of the amounts provided herein, funds may be used for
high-priority projects which shall be carried out by the Youth
Conservation Corps, as authorized by 16 U.S.C. 1706: Provided further,
That of the amounts made available under this heading, $4,000,000 shall
be for one payment for deferred construction funding to the Navajo
Nation to fulfill the construction obligations described in section
15(b) of the Colorado Ute Indian Water Rights Settlement Act of 1988
(Public Law 100-585), as amended by the Colorado Ute Settlement Act
Amendments of 2000 (Public Law 106-554), and to complete the
commissioning and title transfer of the Navajo Nation Municipal
Pipeline: Provided further, That in accordance with section 4009(c) of
Public Law 114-322, and as recommended by the Secretary in a letter
dated February 13, 2019, funding provided for such purpose in fiscal
year 2018 shall be made available to the Expanding Recycled Water
Delivery Project (VenturaWaterPure), the Pure Water Monterey Groundwater
Replenishment Project, the Groundwater Reliability Improvement Program
(GRIP) Recycled Water Project, the North Valley Regional Recycled Water
Program, the South Sacramento County Agriculture and Habitat Lands
Recycled Water Program, and the Central Coast Blue project: Provided
further, That in accordance with section 4007 of Public Law 114-322, and
as recommended by the Secretary in a letter dated February 13, 2019,
funding provided for such purpose in fiscal years 2017 and 2018 shall be
made available to the Cle Elum Pool Raise, the Boise River Basin
Feasibility Study, the Del Puerto Water District, the Los Vaqueros
Reservoir Phase 2 Expansion Project, the North-of-the Delta Off stream
Storage (Sites Reservoir Project), and the Friant-Kern Canal Capacity
Correction Resulting Subsidence: Provided further, That in accordance
with section 4009(a) of Public Law 114-322, and as recommended by the
Secretary in a letter dated February 13, 2019,
[[Page 133 STAT. 2667]]
funding provided for such purpose in fiscal years 2017 and 2018 shall be
made available to the Doheny Ocean Desalination Project, the Kay Bailey
Hutchison Desalination Plant, the North Pleasant Valley Desalter
Facility, and the Mission Basin Groundwater Purification Facility Well
Expansion and Brine Minimization.
central valley project restoration fund
For carrying out the programs, projects, plans, habitat restoration,
improvement, and acquisition provisions of the Central Valley Project
Improvement Act, $54,849,000, to be derived from such sums as may be
collected in the Central Valley Project Restoration Fund pursuant to
sections 3407(d), 3404(c)(3), and 3405(f) of Public Law 102-575, to
remain available until expended: Provided, That the Bureau of
Reclamation is directed to assess and collect the full amount of the
additional mitigation and restoration payments authorized by section
3407(d) of Public Law 102-575: Provided further, That none of the funds
made available under this heading may be used for the acquisition or
leasing of water for in-stream purposes if the water is already
committed to in-stream purposes by a court adopted decree or order.
california bay-delta restoration
(including transfers of funds)
For carrying out activities authorized by the Water Supply,
Reliability, and Environmental Improvement Act, consistent with plans to
be approved by the Secretary of the Interior, $33,000,000, to remain
available until expended, of which such amounts as may be necessary to
carry out such activities may be transferred to appropriate accounts of
other participating Federal agencies to carry out authorized purposes:
Provided, That funds appropriated herein may be used for the Federal
share of the costs of CALFED Program management: Provided further, That
CALFED implementation shall be carried out in a balanced manner with
clear performance measures demonstrating concurrent progress in
achieving the goals and objectives of the Program.
policy and administration
For expenses necessary for policy, administration, and related
functions in the Office of the Commissioner, the Denver office, and
offices in the five regions of the Bureau of Reclamation, to remain
available until September 30, 2021, $60,000,000, to be derived from the
Reclamation Fund and be nonreimbursable as provided in 43 U.S.C. 377:
Provided, That no part of any other appropriation in this Act shall be
available for activities or functions budgeted as policy and
administration expenses.
administrative provision
Appropriations for the Bureau of Reclamation shall be available for
purchase of not to exceed five passenger motor vehicles, which are for
replacement only.
[[Page 133 STAT. 2668]]
GENERAL PROVISIONS--DEPARTMENT OF THE INTERIOR
Sec. 201. (a) None of the funds provided in title II of this Act for
Water and Related Resources, or provided by previous or subsequent
appropriations Acts to the agencies or entities funded in title II of
this Act for Water and Related Resources that remain available for
obligation or expenditure in fiscal year 2020, shall be available for
obligation or expenditure through a reprogramming of funds that--
(1) initiates or creates a new program, project, or
activity;
(2) eliminates a program, project, or activity;
(3) increases funds for any program, project, or activity
for which funds have been denied or restricted by this Act,
unless prior approval is received from the Committees on
Appropriations of both Houses of Congress;
(4) restarts or resumes any program, project or activity for
which funds are not provided in this Act, unless prior approval
is received from the Committees on Appropriations of both Houses
of Congress;
(5) transfers funds in excess of the following limits,
unless prior approval is received from the Committees on
Appropriations of both Houses of Congress:
(A) 15 percent for any program, project or activity
for which $2,000,000 or more is available at the
beginning of the fiscal year; or
(B) $400,000 for any program, project or activity
for which less than $2,000,000 is available at the
beginning of the fiscal year;
(6) transfers more than $500,000 from either the Facilities
Operation, Maintenance, and Rehabilitation category or the
Resources Management and Development category to any program,
project, or activity in the other category, unless prior
approval is received from the Committees on Appropriations of
both Houses of Congress; or
(7) transfers, where necessary to discharge legal
obligations of the Bureau of Reclamation, more than $5,000,000
to provide adequate funds for settled contractor claims,
increased contractor earnings due to accelerated rates of
operations, and real estate deficiency judgments, unless prior
approval is received from the Committees on Appropriations of
both Houses of Congress.
(b) Subsection (a)(5) shall not apply to any transfer of funds
within the Facilities Operation, Maintenance, and Rehabilitation
category.
(c) <<NOTE: Definition.>> For purposes of this section, the term
``transfer'' means any movement of funds into or out of a program,
project, or activity.
(d) <<NOTE: Reports. Time period.>> The Bureau of Reclamation shall
submit reports on a quarterly basis to the Committees on Appropriations
of both Houses of Congress detailing all the funds reprogrammed between
programs, projects, activities, or categories of funding. The first
quarterly report shall be submitted not later than 60 days after the
date of enactment of this Act.
Sec. 202. (a) <<NOTE: California. Plan. Water>> None of the funds
appropriated or otherwise made available by this Act may be used to
determine the final point of discharge for the interceptor drain for the
San Luis Unit until development by the Secretary of the Interior and the
State of California of a plan, which shall conform to the water quality
[[Page 133 STAT. 2669]]
standards of the State of California as approved by the Administrator of
the Environmental Protection Agency, to minimize any detrimental effect
of the San Luis drainage waters.
(b) The costs of the Kesterson Reservoir Cleanup Program and the
costs of the San Joaquin Valley Drainage Program shall be classified by
the Secretary of the Interior as reimbursable or nonreimbursable and
collected until fully repaid pursuant to the ``Cleanup Program--
Alternative Repayment Plan'' and the ``SJVDP--Alternative Repayment
Plan'' described in the report entitled ``Repayment Report, Kesterson
Reservoir Cleanup Program and San Joaquin Valley Drainage Program,
February 1995'', prepared by the Department of the Interior, Bureau of
Reclamation. Any future obligations of funds by the United States
relating to, or providing for, drainage service or drainage studies for
the San Luis Unit shall be fully reimbursable by San Luis Unit
beneficiaries of such service or studies pursuant to Federal reclamation
law.
Sec. 203. Section 9504(e) of the Omnibus Public Land Management Act
of 2009 (42 U.S.C. 10364(e)) is amended by striking ``$480,000,000'' and
inserting ``$530,000,000''.
Sec. 204. Title I of Public Law 108-361 (the CALFED Bay-Delta
Authorization Act) (118 Stat. 1681), as amended by section 4007(k) of
Public Law 114-322 <<NOTE: 43 USC 390b note.>> , is amended by striking
``2019'' each place it appears and inserting ``2020''.
Sec. 205. Section 9106(g)(2) of Public Law 111-11 (Omnibus Public
Land Management Act of 2009) <<NOTE: 123 Stat. 1309.>> is amended by
striking ``2019'' and inserting ``2020''.
Sec. 206. The Claims Resolution Act of 2010 (Public Law 111-291) is
amended--
(1) in section 309(d) <<NOTE: 124 Stat. 3088.>> , by
striking ``2021'' each place it appears and inserting ``2023'';
and
(2) in section 311(h) <<NOTE: 124 Stat. 3092.>> , by
striking ``2021'' and inserting ``2023''.
TITLE III
DEPARTMENT OF ENERGY
ENERGY PROGRAMS
Energy Efficiency and Renewable Energy
(including rescission of funds)
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and other
expenses necessary for energy efficiency and renewable energy activities
in carrying out the purposes of the Department of Energy Organization
Act (42 U.S.C. 7101 et seq.), including the acquisition or condemnation
of any real property or any facility or for plant or facility
acquisition, construction, or expansion, $2,848,000,000, to remain
available until expended: Provided, That of such amount, $165,000,000
shall be available until September 30, 2021, for program direction:
Provided further, That of the unobligated balances from prior year
appropriations available under this heading, $58,000,000 is hereby
rescinded: Provided further, That no amounts may be rescinded from
amounts that were designated by the Congress as an emergency requirement
pursuant to the Concurrent
[[Page 133 STAT. 2670]]
Resolution on the Budget or the Balanced Budget and Emergency Deficit
Control Act of 1985.
Cybersecurity, Energy Security, and Emergency Response
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and other
expenses necessary for energy sector cybersecurity, energy security, and
emergency response activities in carrying out the purposes of the
Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction, or
expansion, $156,000,000, to remain available until expended: Provided,
That of such amount, $13,000,000 shall be available until September 30,
2021, for program direction.
Electricity
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and other
expenses necessary for electricity delivery activities in carrying out
the purposes of the Department of Energy Organization Act (42 U.S.C.
7101 et seq.), including the acquisition or condemnation of any real
property or any facility or for plant or facility acquisition,
construction, or expansion, $190,000,000, to remain available until
expended: Provided, That of such amount, $18,000,000 shall be available
until September 30, 2021, for program direction.
Nuclear Energy
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and other
expenses necessary for nuclear energy activities in carrying out the
purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et
seq.), including the acquisition or condemnation of any real property or
any facility or for plant or facility acquisition, construction, or
expansion, $1,493,408,000, to remain available until expended:
Provided, That of such amount, $80,000,000 shall be available until
September 30, 2021, for program direction.
Fossil Energy Research and Development
For Department of Energy expenses necessary in carrying out fossil
energy research and development activities, under the authority of the
Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition of interest, including defeasible and
equitable interests in any real property or any facility or for plant or
facility acquisition or expansion, and for conducting inquiries,
technological investigations and research concerning the extraction,
processing, use, and disposal of mineral substances without
objectionable social and environmental costs (30 U.S.C. 3, 1602, and
1603), $750,000,000, to remain available until expended: Provided, That
of such amount $61,500,000 shall be available until September 30, 2021,
for program direction.
[[Page 133 STAT. 2671]]
Naval Petroleum and Oil Shale Reserves
For Department of Energy expenses necessary to carry out naval
petroleum and oil shale reserve activities, $14,000,000, to remain
available until expended: Provided, That notwithstanding any other
provision of law, unobligated funds remaining from prior years shall be
available for all naval petroleum and oil shale reserve activities.
Strategic Petroleum Reserve
For Department of Energy expenses necessary for Strategic Petroleum
Reserve facility development and operations and program management
activities pursuant to the Energy Policy and Conservation Act (42 U.S.C.
6203 et seq.), $195,000,000, to remain available until expended:
Provided, <<NOTE: 42 USC 6241 note.>> That, as authorized by section
404 of the Bipartisan Budget Act of 2015 (Public Law 114-74; 42 U.S.C.
6239 note), the Secretary of Energy shall draw down and sell not to
exceed $450,000,000 of crude oil from the Strategic Petroleum Reserve in
fiscal year 2020: Provided further, <<NOTE: 42 USC 6241 note.>> That
the proceeds from such drawdown and sale shall be deposited into the
``Energy Security and Infrastructure Modernization Fund'' during fiscal
year 2020: Provided further <<NOTE: 42 USC 6241 note.>> , That such
amounts shall be made available and shall remain available until
expended for necessary expenses to carry out the Life Extension II
project for the Strategic Petroleum Reserve.
SPR Petroleum Account
For the acquisition, transportation, and injection of petroleum
products, and for other necessary expenses pursuant to the Energy Policy
and Conservation Act of 1975, as amended (42 U.S.C. 6203 et seq.),
sections 403 and 404 of the Bipartisan Budget Act of 2015 (42 U.S.C.
6241, 6239 note), and section 5010 of the 21st Century Cures Act (Public
Law 114-255), $10,000,000, to remain available until expended.
Northeast Home Heating Oil Reserve
For Department of Energy expenses necessary for Northeast Home
Heating Oil Reserve storage, operation, and management activities
pursuant to the Energy Policy and Conservation Act (42 U.S.C. 6203 et
seq.), $10,000,000, to remain available until expended.
Energy Information Administration
For Department of Energy expenses necessary in carrying out the
activities of the Energy Information Administration, $126,800,000, to
remain available until expended.
Non-Defense Environmental Cleanup
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
expenses necessary for non-defense environmental cleanup activities in
carrying out the purposes of the Department of Energy Organization Act
(42 U.S.C. 7101 et seq.), including the acquisition or condemnation of
any real property or any facility or for plant
[[Page 133 STAT. 2672]]
or facility acquisition, construction, or expansion, $319,200,000, to
remain available until expended: Provided, That $200,000 of the funds
provided are for community support.
Uranium Enrichment Decontamination and Decommissioning Fund
For Department of Energy expenses necessary in carrying out uranium
enrichment facility decontamination and decommissioning, remedial
actions, and other activities of title II of the Atomic Energy Act of
1954, and title X, subtitle A, of the Energy Policy Act of 1992,
$881,000,000, to be derived from the Uranium Enrichment Decontamination
and Decommissioning Fund, to remain available until expended, of which
$5,250,000 shall be available in accordance with title X, subtitle A, of
the Energy Policy Act of 1992.
Science
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and other
expenses necessary for science activities in carrying out the purposes
of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction, or
expansion, and purchase of not more than 33 passenger motor vehicles
including one bus, $7,000,000,000, to remain available until expended:
Provided, That of such amount, $186,300,000 shall be available until
September 30, 2021, for program direction.
Advanced Research Projects Agency--Energy
For Department of Energy expenses necessary in carrying out the
activities authorized by section 5012 of the America COMPETES Act
(Public Law 110-69), $425,000,000, to remain available until expended:
Provided, That of such amount, $35,000,000 shall be available until
September 30, 2021, for program direction.
Title 17 Innovative Technology Loan Guarantee Program
Such sums as are derived from amounts received from borrowers
pursuant to section 1702(b) of the Energy Policy Act of 2005 under this
heading in prior Acts, shall be collected in accordance with section
502(7) of the Congressional Budget Act of 1974: Provided, That for
necessary administrative expenses of the Title 17 Innovative Technology
Loan Guarantee Program, as authorized, $32,000,000 is appropriated, to
remain available until September 30, 2021: Provided further, That up to
$32,000,000 of fees collected in fiscal year 2020 pursuant to section
1702(h) of the Energy Policy Act of 2005 shall be credited as offsetting
collections under this heading and used for necessary administrative
expenses in this appropriation and shall remain available until
September 30, 2021: Provided further, That to the extent that fees
collected in fiscal year 2020 exceed $32,000,000, those excess amounts
shall be credited as offsetting collections under this heading and
available in future fiscal years only to the extent provided in advance
in appropriations Acts: Provided further, That the sum herein
appropriated from the general fund shall be reduced (1) as such fees are
received
[[Page 133 STAT. 2673]]
during fiscal year 2020 (estimated at $3,000,000) and (2) to the extent
that any remaining general fund appropriations can be derived from fees
collected in previous fiscal years that are not otherwise appropriated,
so as to result in a final fiscal year 2020 appropriation from the
general fund estimated at $0: Provided further, That the Department of
Energy shall not subordinate any loan obligation to other financing in
violation of section 1702 of the Energy Policy Act of 2005 or
subordinate any Guaranteed Obligation to any loan or other debt
obligations in violation of section 609.10 of title 10, Code of Federal
Regulations.
Advanced Technology Vehicles Manufacturing Loan Program
For Department of Energy administrative expenses necessary in
carrying out the Advanced Technology Vehicles Manufacturing Loan
Program, $5,000,000, to remain available until September 30, 2021.
Tribal Energy Loan Guarantee Program
For Department of Energy administrative expenses necessary in
carrying out the Tribal Energy Loan Guarantee Program, $2,000,000, to
remain available until September 30, 2021.
Office of Indian Energy Policy and Programs
For necessary expenses for Indian Energy activities in carrying out
the purposes of the Department of Energy Organization Act (42 U.S.C.
7101 et seq.), $22,000,000, to remain available until expended:
Provided, That, of the amount appropriated under this heading,
$5,000,000 shall be available until September 30, 2021, for program
direction.
Departmental Administration
For salaries and expenses of the Department of Energy necessary for
departmental administration in carrying out the purposes of the
Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
$254,378,000, to remain available until September 30, 2021, including
the hire of passenger motor vehicles and official reception and
representation expenses not to exceed $30,000, plus such additional
amounts as necessary to cover increases in the estimated amount of cost
of work for others notwithstanding the provisions of the Anti-Deficiency
Act (31 U.S.C. 1511 et seq.): Provided, That such increases in cost of
work are offset by revenue increases of the same or greater amount:
Provided further, That moneys received by the Department for
miscellaneous revenues estimated to total $93,378,000 in fiscal year
2020 may be retained and used for operating expenses within this
account, as authorized by section 201 of Public Law 95-238,
notwithstanding the provisions of 31 U.S.C. 3302: Provided further,
That the sum herein appropriated shall be reduced as collections are
received during the fiscal year so as to result in a final fiscal year
2020 appropriation from the general fund estimated at not more than
$161,000,000.
[[Page 133 STAT. 2674]]
Office of the Inspector General
For expenses necessary for the Office of the Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$54,215,000, to remain available until September 30, 2021.
ATOMIC ENERGY DEFENSE ACTIVITIES
NATIONAL NUCLEAR SECURITY ADMINISTRATION
Weapons Activities
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
incidental expenses necessary for atomic energy defense weapons
activities in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion, and the purchase of
not to exceed one ambulance for replacement only, $12,457,097,000, to
remain available until expended: Provided, That of such amount,
$107,660,000 shall be available until September 30, 2021, for program
direction.
Defense Nuclear Nonproliferation
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
incidental expenses necessary for defense nuclear nonproliferation
activities, in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion, and the purchase of
not to exceed two aircraft, $2,164,400,000, to remain available until
expended.
Naval Reactors
(including transfer of funds)
For Department of Energy expenses necessary for naval reactors
activities to carry out the Department of Energy Organization Act (42
U.S.C. 7101 et seq.), including the acquisition (by purchase,
condemnation, construction, or otherwise) of real property, plant, and
capital equipment, facilities, and facility expansion, $1,648,396,000,
to remain available until expended, of which, $88,500,000 shall be
transferred to ``Department of Energy--Energy Programs--Nuclear
Energy'', for the Advanced Test Reactor: Provided, That of such amount,
$50,500,000 shall be available until September 30, 2021, for program
direction.
Federal Salaries and Expenses
For expenses necessary for Federal Salaries and Expenses in the
National Nuclear Security Administration, $434,699,000, to remain
available until September 30, 2021, including official reception and
representation expenses not to exceed $17,000.
[[Page 133 STAT. 2675]]
ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES
Defense Environmental Cleanup
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
expenses necessary for atomic energy defense environmental cleanup
activities in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion, $6,255,000,000, to
remain available until expended: Provided, That of such amount,
$281,119,000 shall be available until September 30, 2021, for program
direction.
Other Defense Activities
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
expenses, necessary for atomic energy defense, other defense activities,
and classified activities, in carrying out the purposes of the
Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction, or
expansion, and purchase of not more than one passenger motor vehicle,
$906,000,000, to remain available until expended: Provided, That of
such amount, $328,917,000 shall be available until September 30, 2021,
for program direction.
POWER MARKETING ADMINISTRATIONS
Bonneville Power Administration Fund
Expenditures from the Bonneville Power Administration Fund,
established pursuant to Public Law 93-454, are approved for the
Steigerwald Floodplain Restoration Project and, in addition, for
official reception and representation expenses in an amount not to
exceed $5,000: Provided, That during fiscal year 2020, no new direct
loan obligations may be made: Provided further <<NOTE: 16 USC 838i
note.>> , Expenditures from the Bonneville Power Administration Fund,
established pursuant to Public Law 93-454 are authorized and approved,
without fiscal year limitation, for the cost of current and future year
purchases or payments of emissions expenses associated with Bonneville
Power Administration power and transmission operations in states with
clean energy programs: Provided further <<NOTE: 16 USC 838i note.>> ,
This expenditure authorization is limited solely to Bonneville Power
Administration's voluntary purchase or payments made in conjunction with
state clean energy programs and is not a broader waiver of Bonneville
Power Administration's sovereign immunity.
Operation and Maintenance, Southeastern Power Administration
For expenses necessary for operation and maintenance of power
transmission facilities and for marketing electric power and energy,
including transmission wheeling and ancillary services, pursuant to
section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), as applied
to the southeastern power area, $6,597,000, including
[[Page 133 STAT. 2676]]
official reception and representation expenses in an amount not to
exceed $1,500, to remain available until expended: Provided, That
notwithstanding 31 U.S.C. 3302 and section 5 of the Flood Control Act of
1944, up to $6,597,000 collected by the Southeastern Power
Administration from the sale of power and related services shall be
credited to this account as discretionary offsetting collections, to
remain available until expended for the sole purpose of funding the
annual expenses of the Southeastern Power Administration: Provided
further, That the sum herein appropriated for annual expenses shall be
reduced as collections are received during the fiscal year so as to
result in a final fiscal year 2020 appropriation estimated at not more
than $0: Provided further, That notwithstanding 31 U.S.C. 3302, up to
$56,000,000 collected by the Southeastern Power Administration pursuant
to the Flood Control Act of 1944 to recover purchase power and wheeling
expenses shall be credited to this account as offsetting collections, to
remain available until expended for the sole purpose of making purchase
power and wheeling expenditures: Provided further, That for purposes of
this appropriation, annual expenses means expenditures that are
generally recovered in the same year that they are incurred (excluding
purchase power and wheeling expenses).
Operation and Maintenance, Southwestern Power Administration
For expenses necessary for operation and maintenance of power
transmission facilities and for marketing electric power and energy, for
construction and acquisition of transmission lines, substations and
appurtenant facilities, and for administrative expenses, including
official reception and representation expenses in an amount not to
exceed $1,500 in carrying out section 5 of the Flood Control Act of 1944
(16 U.S.C. 825s), as applied to the Southwestern Power Administration,
$47,775,000, to remain available until expended: Provided, That
notwithstanding 31 U.S.C. 3302 and section 5 of the Flood Control Act of
1944 (16 U.S.C. 825s), up to $37,375,000 collected by the Southwestern
Power Administration from the sale of power and related services shall
be credited to this account as discretionary offsetting collections, to
remain available until expended, for the sole purpose of funding the
annual expenses of the Southwestern Power Administration: Provided
further, That the sum herein appropriated for annual expenses shall be
reduced as collections are received during the fiscal year so as to
result in a final fiscal year 2020 appropriation estimated at not more
than $10,400,000: Provided further, That notwithstanding 31 U.S.C.
3302, up to $43,000,000 collected by the Southwestern Power
Administration pursuant to the Flood Control Act of 1944 to recover
purchase power and wheeling expenses shall be credited to this account
as offsetting collections, to remain available until expended for the
sole purpose of making purchase power and wheeling expenditures:
Provided further, That for purposes of this appropriation, annual
expenses means expenditures that are generally recovered in the same
year that they are incurred (excluding purchase power and wheeling
expenses).
[[Page 133 STAT. 2677]]
Construction, Rehabilitation, Operation and Maintenance, Western Area
Power Administration
(including rescission of funds)
For carrying out the functions authorized by title III, section
302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C. 7152), and other
related activities including conservation and renewable resources
programs as authorized, $262,959,000, including official reception and
representation expenses in an amount not to exceed $1,500, to remain
available until expended, of which $262,959,000 shall be derived from
the Department of the Interior Reclamation Fund: Provided, That
notwithstanding 31 U.S.C. 3302, section 5 of the Flood Control Act of
1944 (16 U.S.C. 825s), and section 1 of the Interior Department
Appropriation Act, 1939 (43 U.S.C. 392a), up to $173,587,000 collected
by the Western Area Power Administration from the sale of power and
related services shall be credited to this account as discretionary
offsetting collections, to remain available until expended, for the sole
purpose of funding the annual expenses of the Western Area Power
Administration: Provided further, That the sum herein appropriated for
annual expenses shall be reduced as collections are received during the
fiscal year so as to result in a final fiscal year 2020 appropriation
estimated at not more than $89,372,000, of which $89,372,000 is derived
from the Reclamation Fund: Provided further, That notwithstanding 31
U.S.C. 3302, up to $227,000,000 collected by the Western Area Power
Administration pursuant to the Flood Control Act of 1944 and the
Reclamation Project Act of 1939 to recover purchase power and wheeling
expenses shall be credited to this account as offsetting collections, to
remain available until expended for the sole purpose of making purchase
power and wheeling expenditures: Provided further, That for purposes of
this appropriation, annual expenses means expenditures that are
generally recovered in the same year that they are incurred (excluding
purchase power and wheeling expenses): Provided further, That of the
unobligated balances from prior year appropriations available under this
heading, $176,000 is hereby permanently cancelled.
Falcon and Amistad Operating and Maintenance Fund
For operation, maintenance, and emergency costs for the
hydroelectric facilities at the Falcon and Amistad Dams, $3,160,000, to
remain available until expended, and to be derived from the Falcon and
Amistad Operating and Maintenance Fund of the Western Area Power
Administration, as provided in section 2 of the Act of June 18, 1954 (68
Stat. 255): Provided, That notwithstanding the provisions of that Act
and of 31 U.S.C. 3302, up to $2,932,000 collected by the Western Area
Power Administration from the sale of power and related services from
the Falcon and Amistad Dams shall be credited to this account as
discretionary offsetting collections, to remain available until expended
for the sole purpose of funding the annual expenses of the hydroelectric
facilities of these Dams and associated Western Area Power
Administration activities: Provided further, That the sum herein
appropriated for annual expenses shall be reduced as collections are
received during the fiscal year so as to result in a final fiscal year
2020 appropriation estimated at not more than $228,000: Provided
further, That for purposes of this appropriation, annual
[[Page 133 STAT. 2678]]
expenses means expenditures that are generally recovered in the same
year that they are incurred: Provided further, That for fiscal year
2020, the Administrator of the Western Area Power Administration may
accept up to $1,187,000 in funds contributed by United States power
customers of the Falcon and Amistad Dams for deposit into the Falcon and
Amistad Operating and Maintenance Fund, and such funds shall be
available for the purpose for which contributed in like manner as if
said sums had been specifically appropriated for such purpose: Provided
further, That any such funds shall be available without further
appropriation and without fiscal year limitation for use by the
Commissioner of the United States Section of the International Boundary
and Water Commission for the sole purpose of operating, maintaining,
repairing, rehabilitating, replacing, or upgrading the hydroelectric
facilities at these Dams in accordance with agreements reached between
the Administrator, Commissioner, and the power customers.
Federal Energy Regulatory Commission
salaries and expenses
For expenses necessary for the Federal Energy Regulatory Commission
to carry out the provisions of the Department of Energy Organization Act
(42 U.S.C. 7101 et seq.), including services as authorized by 5 U.S.C.
3109, official reception and representation expenses not to exceed
$3,000, and the hire of passenger motor vehicles, $382,000,000, to
remain available until expended: Provided, That
notwithstanding <<NOTE: 42 USC 7171 note.>> any other provision of law,
not to exceed $382,000,000 of revenues from fees and annual charges, and
other services and collections in fiscal year 2020 shall be retained and
used for expenses necessary in this account, and shall remain available
until expended: Provided <<NOTE: 42 USC 7171 note.>> further, That the
sum herein appropriated from the general fund shall be reduced as
revenues are received during fiscal year 2020 so as to result in a final
fiscal year 2020 appropriation from the general fund estimated at not
more than $0.
GENERAL PROVISIONS--DEPARTMENT OF ENERGY
(including transfer and rescission of funds)
Sec. 301. (a) No appropriation, funds, or authority made available
by this title for the Department of Energy shall be used to initiate or
resume any program, project, or activity or to prepare or initiate
Requests For Proposals or similar arrangements (including Requests for
Quotations, Requests for Information, and Funding Opportunity
Announcements) for a program, project, or activity if the program,
project, or activity has not been funded by Congress.
(b)(1) <<NOTE: Notification. Time period.>> Unless the Secretary of
Energy notifies the Committees on Appropriations of both Houses of
Congress at least 3 full business days in advance, none of the funds
made available in this title may be used to--
(A) <<NOTE: Grants.>> make a grant allocation or
discretionary grant award totaling $1,000,000 or more;
(B) <<NOTE: Contracts.>> make a discretionary contract
award or Other Transaction Agreement totaling $1,000,000 or
more, including a contract covered by the Federal Acquisition
Regulation;
[[Page 133 STAT. 2679]]
(C) issue a letter of intent to make an allocation, award,
or Agreement in excess of the limits in subparagraph (A) or (B);
or
(D) announce publicly the intention to make an allocation,
award, or Agreement in excess of the limits in subparagraph (A)
or (B).
(2) <<NOTE: Reports. Time period.>> The Secretary of Energy shall
submit to the Committees on Appropriations of both Houses of Congress
within 15 days of the conclusion of each quarter a report detailing each
grant allocation or discretionary grant award totaling less than
$1,000,000 provided during the previous quarter.
(3) The notification required by paragraph (1) and the report
required by paragraph (2) shall include the recipient of the award, the
amount of the award, the fiscal year for which the funds for the award
were appropriated, the account and program, project, or activity from
which the funds are being drawn, the title of the award, and a brief
description of the activity for which the award is made.
(c) <<NOTE: Contracts. Grants.>> The Department of Energy may not,
with respect to any program, project, or activity that uses budget
authority made available in this title under the heading ``Department of
Energy--Energy Programs'', enter into a multiyear contract, award a
multiyear grant, or enter into a multiyear cooperative agreement
unless--
(1) the contract, grant, or cooperative agreement is funded
for the full period of performance as anticipated at the time of
award; or
(2) <<NOTE: Notification. Time period.>> the contract,
grant, or cooperative agreement includes a clause conditioning
the Federal Government's obligation on the availability of
future year budget authority and the Secretary notifies the
Committees on Appropriations of both Houses of Congress at least
3 days in advance.
(d) Except as provided in subsections (e), (f), and (g), the amounts
made available by this title shall be expended as authorized by law for
the programs, projects, and activities specified in the ``Final Bill''
column in the ``Department of Energy'' table included under the heading
``Title III--Department of Energy'' in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act).
(e) <<NOTE: Notification. Time period.>> The amounts made available
by this title may be reprogrammed for any program, project, or activity,
and the Department shall notify, and obtain the prior approval of, the
Committees on Appropriations of both Houses of Congress at least 30 days
prior to the use of any proposed reprogramming that would cause any
program, project, or activity funding level to increase or decrease by
more than $5,000,000 or 10 percent, whichever is less, during the time
period covered by this Act.
(f) None of the funds provided in this title shall be available for
obligation or expenditure through a reprogramming of funds that--
(1) creates, initiates, or eliminates a program, project, or
activity;
(2) increases funds or personnel for any program, project,
or activity for which funds are denied or restricted by this
Act; or
(3) reduces funds that are directed to be used for a
specific program, project, or activity by this Act.
[[Page 133 STAT. 2680]]
(g)(1) <<NOTE: Waiver authority.>> The Secretary of Energy may
waive any requirement or restriction in this section that applies to the
use of funds made available for the Department of Energy if compliance
with such requirement or restriction would pose a substantial risk to
human health, the environment, welfare, or national security.
(2) <<NOTE: Notification. Deadline.>> The Secretary of Energy shall
notify the Committees on Appropriations of both Houses of Congress of
any waiver under paragraph (1) as soon as practicable, but not later
than 3 days after the date of the activity to which a requirement or
restriction would otherwise have applied. Such notice shall include an
explanation of the substantial risk under paragraph (1) that permitted
such waiver.
(h) The unexpended balances of prior appropriations provided for
activities in this Act may be available to the same appropriation
accounts for such activities established pursuant to this title.
Available balances may be merged with funds in the applicable
established accounts and thereafter may be accounted for as one fund for
the same time period as originally enacted.
Sec. 302. Funds appropriated by this or any other Act, or made
available by the transfer of funds in this Act, for intelligence
activities are deemed to be specifically authorized by the Congress for
purposes of section 504 of the National Security Act of 1947 (50 U.S.C.
3094) during fiscal year 2020 until the enactment of the Intelligence
Authorization Act for fiscal year 2020.
Sec. 303. <<NOTE: Oversight. Compliance.>> None of the funds made
available in this title shall be used for the construction of facilities
classified as high-hazard nuclear facilities under 10 CFR Part 830
unless independent oversight is conducted by the Office of Enterprise
Assessments to ensure the project is in compliance with nuclear safety
requirements.
Sec. <<NOTE: Cost estimate.>> 304. None of the funds made available
in this title may be used to approve critical decision-2 or critical
decision-3 under Department of Energy Order 413.3B, or any successive
departmental guidance, for construction projects where the total project
cost exceeds $100,000,000, until a separate independent cost estimate
has been developed for the project for that critical decision.
Sec. 305. <<NOTE: Contracts. Russia.>> (a) None of the funds made
available in this or any prior Act under the heading ``Defense Nuclear
Nonproliferation'' may be made available to enter into new contracts
with, or new agreements for Federal assistance to, the Russian
Federation.
(b) <<NOTE: Waiver authority. Determination.>> The Secretary of
Energy may waive the prohibition in subsection (a) if the Secretary
determines that such activity is in the national security interests of
the United States. This waiver authority may not be delegated.
(c) <<NOTE: Effective date. Reports.>> A waiver under subsection
(b) shall not be effective until 15 days after the date on which the
Secretary submits to the Committees on Appropriations of both Houses of
Congress, in classified form if necessary, a report on the justification
for the waiver.
Sec. 306. <<NOTE: Determination. President.>> Notwithstanding
section 161 of the Energy Policy and Conservation Act (42 U.S.C. 6241),
upon a determination by the President in this fiscal year that a
regional supply shortage of refined petroleum product of significant
scope and duration exists, that a severe increase in the price of
refined petroleum product will likely result from such shortage, and
that a draw down and sale of refined petroleum product would assist
directly and significantly in reducing the adverse impact of such
shortage, the Secretary of Energy may draw down and sell refined
petroleum product from the Strategic Petroleum Reserve. Proceeds from a
sale under
[[Page 133 STAT. 2681]]
this section shall be deposited into the SPR Petroleum Account
established in section 167 of the Energy Policy and Conservation Act (42
U.S.C. 6247), and such amounts shall be available for obligation,
without fiscal year limitation, consistent with that section.
Sec. 307. Of the offsetting collections, including unobligated
balances of such collections, in the ``Department of Energy--Power
Marketing Administration--Colorado River Basins Power Marketing Fund,
Western Area Power Administration'', $21,400,000 shall be transferred to
the ``Department of Interior--Bureau of Reclamation--Upper Colorado
River Basin Fund'' for the Bureau of Reclamation to carry out
environmental stewardship and endangered species recovery efforts.
Sec. 308. (a) Of the unobligated balances available from amounts
appropriated in prior Acts under the heading ``Title III--Department of
Energy--Energy Programs'', $12,723,000 is hereby rescinded.
(b) No amounts may be rescinded under (a) from amounts that were
designated by the Congress as an emergency requirement pursuant to a
concurrent resolution on the budget or the Balanced Budget and Emergency
Deficit Control Act of 1985.
Sec. 309. <<NOTE: Effective dates. Fees. 42 USC 6939f note.>>
Beginning in fiscal year 2021 and for each fiscal year thereafter, fees
collected pursuant to subsection (b)(1) of section 6939f of title 42,
United States Code, shall be deposited in ``Department of Energy--Energy
Programs--Non-Defense Environmental Cleanup'' as discretionary
offsetting collections.
Sec. 310. <<NOTE: 16 USC 825s-8.>> During fiscal year 2020 and
each fiscal year thereafter, notwithstanding any provision of title 5,
United States Code, relating to classification or rates of pay, the
Southeastern Power Administration shall pay any power system dispatcher
employed by the Administration a rate of basic pay and premium pay based
on those prevailing for similar occupations in the electric power
industry. Basic pay and premium pay may not be paid under this section
to any individual during a calendar year so as to result in a total rate
in excess of the rate of basic pay for level V of the Executive Schedule
(section 5316 of such title).
TITLE IV
INDEPENDENT AGENCIES
Appalachian Regional Commission
For expenses necessary to carry out the programs authorized by the
Appalachian Regional Development Act of 1965, and for expenses necessary
for the Federal Co-Chairman and the Alternate on the Appalachian
Regional Commission, for payment of the Federal share of the
administrative expenses of the Commission, including services as
authorized by 5 U.S.C. 3109, and hire of passenger motor vehicles,
$175,000,000, to remain available until expended.
Defense Nuclear Facilities Safety Board
salaries and expenses
For expenses necessary for the Defense Nuclear Facilities Safety
Board in carrying out activities authorized by the Atomic
[[Page 133 STAT. 2682]]
Energy Act of 1954, as amended by Public Law 100-456, section 1441,
$31,000,000, to remain available until September 30, 2021.
Delta Regional Authority
salaries and expenses
For expenses necessary for the Delta Regional Authority and to carry
out its activities, as authorized by the Delta Regional Authority Act of
2000, notwithstanding sections 382F(d), 382M, and 382N of said Act,
$30,000,000, to remain available until expended.
Denali Commission
For expenses necessary for the Denali Commission including the
purchase, construction, and acquisition of plant and capital equipment
as necessary and other expenses, $15,000,000, to remain available until
expended, notwithstanding the limitations contained in section 306(g) of
the Denali Commission Act of 1998: Provided, That funds shall be
available for construction projects in an amount not to exceed 80
percent of total project cost for distressed communities, as defined by
section 307 of the Denali Commission Act of 1998 (division C, title III,
Public Law 105-277), as amended by section 701 of appendix D, title VII,
Public Law 106-113 (113 Stat. 1501A-280), and an amount not to exceed 50
percent for non-distressed communities: Provided further, That
notwithstanding any other provision of law regarding payment of a non-
Federal share in connection with a grant-in-aid program, amounts under
this heading shall be available for the payment of such a non-Federal
share for programs undertaken to carry out the purposes of the
Commission.
Northern Border Regional Commission
For expenses necessary for the Northern Border Regional Commission
in carrying out activities authorized by subtitle V of title 40, United
States Code, $25,000,000, to remain available until expended: Provided,
That such amounts shall be available for administrative expenses,
notwithstanding section 15751(b) of title 40, United States Code.
Southeast Crescent Regional Commission
For expenses necessary for the Southeast Crescent Regional
Commission in carrying out activities authorized by subtitle V of title
40, United States Code, $250,000, to remain available until expended.
Nuclear Regulatory Commission
salaries and expenses
For expenses necessary for the Commission in carrying out the
purposes of the Energy Reorganization Act of 1974 and the Atomic Energy
Act of 1954, $842,236,000, including official representation expenses
not to exceed $25,000, to remain available until expended: Provided,
That of the amount appropriated herein,
[[Page 133 STAT. 2683]]
not more than $9,500,000 may be made available for salaries, travel, and
other support costs for the Office of the Commission, to remain
available until September 30, 2021, of which, notwithstanding section
201(a)(2)(c) of the Energy Reorganization Act of 1974 (42 U.S.C.
5841(a)(2)(c)), the use and expenditure shall only be approved by a
majority vote of the Commission: Provided further, That revenues from
licensing fees, inspection services, and other services and collections
estimated at $717,125,000 in fiscal year 2020 shall be retained and used
for necessary salaries and expenses in this account, notwithstanding 31
U.S.C. 3302, and shall remain available until expended: Provided
further, That of the amounts appropriated under this heading, not less
than $15,478,000 shall be for activities related to the development of
regulatory infrastructure for advanced nuclear technologies, and
$14,500,000 shall be for international activities, except that the
amounts provided under this proviso shall not be derived from fee
revenues, notwithstanding 42 U.S.C. 2214: Provided further, That the
sum herein appropriated shall be reduced by the amount of revenues
received during fiscal year 2020 so as to result in a final fiscal year
2020 appropriation estimated at not more than $125,111,000: Provided
further, That of the amounts appropriated under this heading,
$10,500,000 shall be for university research and development in areas
relevant to the Commission's mission, and $5,500,000 shall be for a
Nuclear Science and Engineering Grant Program that will support
multiyear projects that do not align with programmatic missions but are
critical to maintaining the discipline of nuclear science and
engineering.
office of inspector general
For expenses necessary for the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$13,314,000, to remain available until September 30, 2021: Provided,
That revenues from licensing fees, inspection services, and other
services and collections estimated at $10,929,000 in fiscal year 2020
shall be retained and be available until September 30, 2021, for
necessary salaries and expenses in this account, notwithstanding section
3302 of title 31, United States Code: Provided further, That the sum
herein appropriated shall be reduced by the amount of revenues received
during fiscal year 2020 so as to result in a final fiscal year 2020
appropriation estimated at not more than $2,385,000: Provided further,
That of the amounts appropriated under this heading, $1,171,000 shall be
for Inspector General services for the Defense Nuclear Facilities Safety
Board, which shall not be available from fee revenues.
Nuclear Waste Technical Review Board
salaries and expenses
For expenses necessary for the Nuclear Waste Technical Review Board,
as authorized by Public Law 100-203, section 5051, $3,600,000, to be
derived from the Nuclear Waste Fund, to remain available until September
30, 2021.
[[Page 133 STAT. 2684]]
GENERAL PROVISIONS--INDEPENDENT AGENCIES
Sec. 401. <<NOTE: Compliance.>> The Nuclear Regulatory Commission
shall comply with the July 5, 2011, version of Chapter VI of its
Internal Commission Procedures when responding to Congressional requests
for information, consistent with Department of Justice guidance for all
federal agencies.
Sec. 402. <<NOTE: Notification. Time period.>> (a) The amounts made
available by this title for the Nuclear Regulatory Commission may be
reprogrammed for any program, project, or activity, and the Commission
shall notify the Committees on Appropriations of both Houses of Congress
at least 30 days prior to the use of any proposed reprogramming that
would cause any program funding level to increase or decrease by more
than $500,000 or 10 percent, whichever is less, during the time period
covered by this Act.
(b)(1) <<NOTE: Waiver authority.>> The Nuclear Regulatory
Commission may waive the notification requirement in subsection (a) if
compliance with such requirement would pose a substantial risk to human
health, the environment, welfare, or national security.
(2) <<NOTE: Notification. Deadline.>> The Nuclear Regulatory
Commission shall notify the Committees on Appropriations of both Houses
of Congress of any waiver under paragraph (1) as soon as practicable,
but not later than 3 days after the date of the activity to which a
requirement or restriction would otherwise have
applied. <<NOTE: Reports.>> Such notice shall include an explanation of
the substantial risk under paragraph (1) that permitted such waiver and
shall provide a detailed report to the Committees of such waiver and
changes to funding levels to programs, projects, or activities.
(c) Except as provided in subsections (a), (b), and (d), the amounts
made available by this title for ``Nuclear Regulatory Commission--
Salaries and Expenses'' shall be expended as directed in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act).
(d) None of the funds provided for the Nuclear Regulatory Commission
shall be available for obligation or expenditure through a reprogramming
of funds that increases funds or personnel for any program, project, or
activity for which funds are denied or restricted by this Act.
(e) <<NOTE: Reports.>> The Commission shall provide a monthly
report to the Committees on Appropriations of both Houses of Congress,
which includes the following for each program, project, or activity,
including any prior year appropriations--
(1) total budget authority;
(2) total unobligated balances; and
(3) total unliquidated obligations.
TITLE V
GENERAL PROVISIONS
(including transfer of funds)
Sec. 501. <<NOTE: Lobbying.>> None of the funds appropriated by
this Act may be used in any way, directly or indirectly, to influence
congressional action on any legislation or appropriation matters pending
before Congress, other than to communicate to Members of Congress as
described in 18 U.S.C. 1913.
[[Page 133 STAT. 2685]]
Sec. 502. (a) None of the funds made available in title III of this
Act may be transferred to any department, agency, or instrumentality of
the United States Government, except pursuant to a transfer made by or
transfer authority provided in this Act or any other appropriations Act
for any fiscal year, transfer authority referenced in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act), or any authority whereby a department, agency,
or instrumentality of the United States Government may provide goods or
services to another department, agency, or instrumentality.
(b) None of the funds made available for any department, agency, or
instrumentality of the United States Government may be transferred to
accounts funded in title III of this Act, except pursuant to a transfer
made by or transfer authority provided in this Act or any other
appropriations Act for any fiscal year, transfer authority referenced in
the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act), or any authority whereby
a department, agency, or instrumentality of the United States Government
may provide goods or services to another department, agency, or
instrumentality.
(c) <<NOTE: Reports. Time periods.>> The head of any relevant
department or agency funded in this Act utilizing any transfer authority
shall submit to the Committees on Appropriations of both Houses of
Congress a semiannual report detailing the transfer authorities, except
for any authority whereby a department, agency, or instrumentality of
the United States Government may provide goods or services to another
department, agency, or instrumentality, used in the previous 6 months
and in the year-to-date. This report shall include the amounts
transferred and the purposes for which they were transferred, and shall
not replace or modify existing notification requirements for each
authority.
Sec. 503. None of the funds made available by this Act may be used
in contravention of Executive Order No. 12898 of February 11, 1994
(Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations).
Sec. 504. <<NOTE: Pornography.>> (a) None of the funds made
available in this Act may be used to maintain or establish a computer
network unless such network blocks the viewing, downloading, and
exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds necessary
for any Federal, State, tribal, or local law enforcement agency or any
other entity carrying out criminal investigations, prosecution, or
adjudication activities.
This division may be cited as the ``Energy and Water Development and
Related Agencies Appropriations Act, 2020''.
[[Page 133 STAT. 2686]]
DIVISION D--DEPARTMENT <<NOTE: Department of the Interior, Environment,
and Related Agencies Appropriations Act, 2020.>> OF THE INTERIOR,
ENVIRONMENT, AND RELATED AGENCIES APPROPRIATIONS ACT, 2020
TITLE I
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
management of lands and resources
(including rescission of funds)
For necessary expenses for protection, use, improvement,
development, disposal, cadastral surveying, classification, acquisition
of easements and other interests in lands, and performance of other
functions, including maintenance of facilities, as authorized by law, in
the management of lands and their resources under the jurisdiction of
the Bureau of Land Management, including the general administration of
the Bureau, and assessment of mineral potential of public lands pursuant
to section 1010(a) of Public Law 96-487 (16 U.S.C. 3150(a)),
$1,237,015,000, to remain available until September 30, 2021; of which
$115,000,000 for annual and deferred maintenance and $101,555,000 for
the wild horse and burro program, as authorized by Public Law 92-195 (16
U.S.C. 1331 et sec.), shall remain available until expended:
<<NOTE: Wild horses and burros. Time period. Plan.>> Provided, That of
the funds made available for the wild horse and burro program,
$21,000,000 shall not be available for obligation until 60 days after
submission to the Congress of the detailed plan described in the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act): Provided further, That amounts in
the fee account of the BLM Permit Processing Improvement Fund may be
used for any bureau-related expenses associated with the processing of
oil and gas applications for permits to drill and related use of
authorizations.
In addition, $40,196,000 is for Mining Law Administration program
operations, including the cost of administering the mining claim fee
program, to remain available until expended, to be reduced by amounts
collected by the Bureau and credited to this appropriation from mining
claim maintenance fees and location fees that are hereby authorized for
fiscal year 2020, so as to result in a final appropriation estimated at
not more than $1,237,015,000, and $2,000,000, to remain available until
expended, from communication site rental fees established by the Bureau
for the cost of administering communication site activities.
Of the unobligated balances from amounts made available under this
heading in fiscal year 2017 or before, $19,000,000 is permanently
rescinded: Provided, That no amounts may be rescinded from amounts that
were designated by the Congress as an emergency requirement pursuant to
the Concurrent Resolution on the Budget or the Balanced Budget and
Emergency Deficit Control Act of 1985.
[[Page 133 STAT. 2687]]
construction
(including rescission of funds)
Of the unobligated balances from amounts made available under this
heading $5,400,000 is permanently rescinded: Provided, That no amounts
may be rescinded from amounts that were designated by the Congress as an
emergency requirement pursuant to the Concurrent Resolution on the
Budget or the Balanced Budget and Emergency Deficit Control Act of 1985.
land acquisition
(including rescission of funds)
For expenses necessary to carry out sections 205, 206, and 318(d) of
Public Law 94-579, including administrative expenses and acquisition of
lands or waters, or interests therein, $32,300,000, to be derived from
the Land and Water Conservation Fund and to remain available until
expended.
Of the unobligated balances from amounts made available for Land
Acquisition and derived from the Land and Water Conservation Fund,
$2,367,000 is hereby permanently rescinded from projects with cost
savings or failed or partially failed projects: Provided, That no
amounts may be rescinded from amounts that were designated by the
Congress as an emergency requirement pursuant to the Concurrent
Resolution on the Budget or the Balanced Budget and Emergency Deficit
Control Act of 1985.
oregon and california grant lands
For expenses necessary for management, protection, and development
of resources and for construction, operation, and maintenance of access
roads, reforestation, and other improvements on the revested Oregon and
California Railroad grant lands, on other Federal lands in the Oregon
and California land-grant counties of Oregon, and on adjacent rights-of-
way; and acquisition of lands or interests therein, including existing
connecting roads on or adjacent to such grant lands; $112,094,000, to
remain available until expended: Provided, That 25 percent of the
aggregate of all receipts during the current fiscal year from the
revested Oregon and California Railroad grant lands is hereby made a
charge against the Oregon and California land-grant fund and shall be
transferred to the General Fund in the Treasury in accordance with the
second paragraph of subsection (b) of title II of the Act of August 28,
1937 (43 U.S.C. 2605).
range improvements
For rehabilitation, protection, and acquisition of lands and
interests therein, and improvement of Federal rangelands pursuant to
section 401 of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1751), notwithstanding any other Act, sums equal to 50 percent of
all moneys received during the prior fiscal year under sections 3 and 15
of the Taylor Grazing Act (43 U.S.C. 315b, 315m) and the amount
designated for range improvements from grazing fees and mineral leasing
receipts from Bankhead-Jones lands transferred to the Department of the
Interior pursuant
[[Page 133 STAT. 2688]]
to law, but not less than $10,000,000, to remain available until
expended: Provided, That not to exceed $600,000 shall be available for
administrative expenses.
service charges, deposits, and forfeitures
For administrative expenses and other costs related to processing
application documents and other authorizations for use and disposal of
public lands and resources, for costs of providing copies of official
public land documents, for monitoring construction, operation, and
termination of facilities in conjunction with use authorizations, and
for rehabilitation of damaged property, such amounts as may be collected
under Public Law 94-579 (43 U.S.C. 1701 et seq.), and under section 28
of the Mineral Leasing Act (30 U.S.C. 185), to remain <<NOTE: 43 USC
1735 note.>> available until expended: Provided, That notwithstanding
any provision to the contrary of section 305(a) of Public Law 94-579 (43
U.S.C. 1735(a)), any moneys that have been or will be received pursuant
to that section, whether as a result of forfeiture, compromise, or
settlement, if not appropriate for refund pursuant to section 305(c) of
that Act (43 U.S.C. 1735(c)), shall be available and may be expended
under the authority of this Act by the Secretary to improve, protect, or
rehabilitate any public lands administered through the Bureau of Land
Management which have been damaged by the action of a resource
developer, purchaser, permittee, or any unauthorized person, without
regard to whether all moneys collected from each such action are used on
the exact lands damaged which led to the action: Provided further, That
any <<NOTE: 43 USC 1735 note.>> such moneys that are in excess of
amounts needed to repair damage to the exact land for which funds were
collected may be used to repair other damaged public lands.
miscellaneous trust funds
In addition to amounts authorized to be expended under existing
laws, there is hereby appropriated such amounts as may be contributed
under section 307 of Public Law 94-579 (43 U.S.C. 1737), and such
amounts as may be advanced for administrative costs, surveys,
appraisals, and costs of making conveyances of omitted lands under
section 211(b) of that Act (43 U.S.C. 1721(b)), to remain available
until expended.
administrative provisions
The Bureau of Land Management may carry out the operations funded
under this Act by direct expenditure, contracts, grants, cooperative
agreements and reimbursable agreements with public and private entities,
including with States. Appropriations for the Bureau shall be available
for purchase, erection, and dismantlement of temporary structures, and
alteration and maintenance of necessary buildings and appurtenant
facilities to which the United States has title; up to $100,000 for
payments, at the discretion of the Secretary, for information or
evidence concerning violations of laws administered by the Bureau;
miscellaneous and emergency expenses of enforcement activities
authorized or approved by the Secretary and to be accounted for solely
on the Secretary's certificate, not to exceed $10,000: Provided, That
notwithstanding Public Law 90-620 (44 U.S.C. 501), the Bureau may, under
cooperative
[[Page 133 STAT. 2689]]
cost-sharing and partnership arrangements authorized by law, procure
printing services from cooperators in connection with jointly produced
publications for which the cooperators share the cost of printing either
in cash or in services, and the Bureau determines the cooperator is
capable of meeting accepted quality standards: Provided further, That
projects to be funded pursuant to a written commitment by a State
government to provide an identified amount of money in support of the
project may be carried out by the Bureau on a reimbursable basis.
United States Fish and Wildlife Service
resource management
For necessary expenses of the United States Fish and Wildlife
Service, as authorized by law, and for scientific and economic studies,
general administration, and for the performance of other authorized
functions related to such resources, $1,364,289,000, to remain available
until September 30, 2021: Provided, That not to exceed $20,318,000
shall be used for implementing subsections (a), (b), (c), and (e) of
section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533) (except
for processing petitions, developing and issuing proposed and final
regulations, and taking any other steps to implement actions described
in subsection (c)(2)(A), (c)(2)(B)(i), or (c)(2)(B)(ii)): Provided
further <<NOTE: Reports.>> , That of the amounts made available under
this heading for central office operations, $1,000,000 shall not be
available for obligation until the Landscape Conservation Cooperatives
report is received by the Committees on Appropriations of the House of
Representatives and the Senate in accordance with the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act).
construction
For construction, improvement, acquisition, or removal of buildings
and other facilities required in the conservation, management,
investigation, protection, and utilization of fish and wildlife
resources, and the acquisition of lands and interests therein;
$29,704,000, to remain available until expended.
land acquisition
(including rescission of funds)
For expenses necessary to carry out chapter 2003 of title 54, United
States Code, including administrative expenses, and for acquisition of
land or waters, or interest therein, in accordance with statutory
authority applicable to the United States Fish and Wildlife Service,
$70,715,000, to be derived from the Land and Water Conservation Fund and
to remain available until expended, of which, not more than $10,000,000
shall be for land conservation partnerships authorized by the Highlands
Conservation Act of 2004, including not to exceed $320,000 for
administrative expenses: Provided, That none of the funds appropriated
for specific land acquisition projects may be used to pay for any
administrative overhead, planning or other management costs.
Of the unobligated balances from amounts made available for the Fish
and Wildlife Service and derived from the Land and
[[Page 133 STAT. 2690]]
Water Conservation Fund, $3,628,000 is hereby permanently rescinded from
projects with cost savings or failed or partially failed projects:
Provided further, That no amounts may be rescinded from amounts that
were designated by the Congress as an emergency requirement pursuant to
the Concurrent Resolution on the Budget or the Balanced Budget and
Emergency Deficit Control Act of 1985.
cooperative endangered species conservation fund
(including rescission of funds)
For expenses necessary to carry out section 6 of the Endangered
Species Act of 1973 (16 U.S.C. 1535), $54,502,000, to remain available
until expended, of which $23,702,000 is to be derived from the
Cooperative Endangered Species Conservation Fund; and of which
$30,800,000 is to be derived from the Land and Water Conservation Fund.
Of the unobligated balances made available from the Cooperative
Endangered Species Conservation Fund, $18,771,000 is permanently
rescinded from projects or from other grant programs with an unobligated
carry over balance: Provided, That no amounts may be rescinded from
amounts that were designated by the Congress as an emergency requirement
pursuant to the Concurrent Resolution on the Budget or the Balanced
Budget and Emergency Deficit Control Act of 1985.
national wildlife refuge fund
For expenses necessary to implement the Act of October 17, 1978 (16
U.S.C. 715s), $13,228,000.
north american wetlands conservation fund
For expenses necessary to carry out the provisions of the North
American Wetlands Conservation Act (16 U.S.C. 4401 et seq.),
$46,000,000, to remain available until expended.
neotropical migratory bird conservation
For expenses necessary to carry out the Neotropical Migratory Bird
Conservation Act (16 U.S.C. 6101 et seq.), $4,910,000, to remain
available until expended.
multinational species conservation fund
For expenses necessary to carry out the African Elephant
Conservation Act (16 U.S.C. 4201 et seq.), the Asian Elephant
Conservation Act of 1997 (16 U.S.C. 4261 et seq.), the Rhinoceros and
Tiger Conservation Act of 1994 (16 U.S.C. 5301 et seq.), the Great Ape
Conservation Act of 2000 (16 U.S.C. 6301 et seq.), and the Marine Turtle
Conservation Act of 2004 (16 U.S.C. 6601 et seq.), $15,000,000, to
remain available until expended.
state and tribal wildlife grants
For wildlife conservation grants to States and to the District of
Columbia, Puerto Rico, Guam, the United States Virgin Islands, the
Northern Mariana Islands, American Samoa, and Indian tribes
[[Page 133 STAT. 2691]]
under the provisions of the Fish and Wildlife Act of 1956 and the Fish
and Wildlife Coordination Act, for the development and implementation of
programs for the benefit of wildlife and their habitat, including
species that are not hunted or fished, $67,571,000, to remain available
until expended: Provided, That of the amount provided herein,
$5,209,000 is for a competitive grant program for Indian tribes not
subject to the remaining provisions of this appropriation: Provided
further, That $7,362,000 is for a competitive grant program to implement
approved plans for States, territories, and other jurisdictions and at
the discretion of affected States, the regional Associations of fish and
wildlife agencies, not subject to the remaining provisions of this
appropriation: Provided further, That
the <<NOTE: Apportionment. District of Columbia. Territories.>>
Secretary shall, after deducting $12,571,000 and administrative
expenses, apportion the amount provided herein in the following manner:
(1) to the District of Columbia and to the Commonwealth of Puerto Rico,
each a sum equal to not more than one-half of 1 percent thereof; and (2)
to Guam, American Samoa, the United States Virgin Islands, and the
Commonwealth of the Northern Mariana Islands, each a sum equal to not
more than one-fourth of 1 percent thereof: Provided further, That the
Secretary <<NOTE: Apportionment.>> shall apportion the remaining amount
in the following manner: (1) one-third of which is based on the ratio to
which the land area of such State bears to the total land area of all
such States; and (2) two-thirds of which is based on the ratio to which
the population of such State bears to the total population of all
such <<NOTE: Adjustment.>> States: Provided further, That the amounts
apportioned under this paragraph shall be adjusted equitably so that no
State shall be apportioned a sum which is less than 1 percent of the
amount available for apportionment under this paragraph for any fiscal
year or more than 5 percent of such amount: Provided further, That the
Federal share of planning grants shall not exceed 75 percent of the
total costs of such projects and the Federal share of implementation
grants shall not exceed 65 percent of the total costs of such projects:
Provided further, That the non-Federal share of such projects may not be
derived from Federal grant <<NOTE: Reapportion- ment.>> programs:
Provided further, That any amount apportioned in 2020 to any State,
territory, or other jurisdiction that remains unobligated as of
September 30, 2021, shall be reapportioned, together with funds
appropriated in 2022, in the manner provided herein.
administrative provisions
The United States Fish and Wildlife Service may carry out the
operations of Service programs by direct expenditure, contracts, grants,
cooperative agreements and reimbursable agreements with public and
private entities. Appropriations and funds available to the United
States Fish and Wildlife Service shall be available for repair of damage
to public roads within and adjacent to reservation areas caused by
operations of the Service; options for the purchase of land at not to
exceed $1 for each option; facilities incident to such public
recreational uses on conservation areas as are consistent with their
primary purpose; and the maintenance and improvement of aquaria,
buildings, and other facilities under the jurisdiction of the Service
and to which the United States has title, and which are used pursuant to
law in connection with
[[Page 133 STAT. 2692]]
management, and investigation of fish and wildlife resources: Provided,
That notwithstanding 44 U.S.C. 501, the Service may, under cooperative
cost sharing and partnership arrangements authorized by law, procure
printing services from cooperators in connection with jointly produced
publications for which the cooperators share at least one-half the cost
of printing either in cash or services and the Service determines the
cooperator is capable of meeting accepted quality standards: Provided
further, That the Service may accept donated aircraft as replacements
for existing aircraft: Provided further, That notwithstanding 31 U.S.C.
3302, all fees collected for non-toxic shot review and approval shall be
deposited under the heading ``United States Fish and Wildlife Service--
Resource Management'' and shall be available to the Secretary, without
further appropriation, to be used for expenses of processing of such
non-toxic shot type or coating applications and revising regulations as
necessary, and shall remain available until expended.
National Park Service
operation of the national park system
For expenses necessary for the management, operation, and
maintenance of areas and facilities administered by the National Park
Service and for the general administration of the National Park Service,
$2,576,992,000, of which $10,282,000 for planning and interagency
coordination in support of Everglades restoration and $135,950,000 for
maintenance, repair, or rehabilitation projects for constructed assets
and $153,575,000 for cyclic maintenance projects for constructed assets
and cultural resources and $5,000,000 for uses authorized by section
101122 of title 54, United States Code shall remain available until
September 30, 2021: Provided, That funds appropriated under this
heading in this Act are available for the purposes of section 5 of
Public Law 95-348: Provided further, That notwithstanding section 9(a)
of the United States Semiquincentennial Commission Act of 2016 (Public
Law 114-196; 130 Stat. 691), $3,300,000 of the funds made available
under this heading shall be provided to the organization selected under
section 9(b) of that Act for expenditure by the United States
Semiquincentennial Commission in accordance with that Act: Provided
further, That notwithstanding section 9 of the 400 Years of African-
American History Commission Act (36 U.S.C. note prec. 101; Public Law
115-102), $3,300,000 of the funds provided under this heading shall be
made available for the purposes specified by that Act: Provided
further, <<NOTE: 36 USC 101 note prec.>> That sections (7)(b) and (8) of
that Act shall be amended by striking ``July 1, 2020'' and inserting
``July 1, 2021''.
national recreation and preservation
For expenses necessary to carry out recreation programs, natural
programs, cultural programs, heritage partnership programs,
environmental compliance and review, international park affairs, and
grant administration, not otherwise provided for, $71,166,000.
historic preservation fund
For expenses necessary in carrying out the National Historic
Preservation Act (division A of subtitle III of title 54, United States
[[Page 133 STAT. 2693]]
Code), $118,660,000, to be derived from the Historic Preservation Fund
and to remain available until September 30, 2021, of which $16,000,000
shall be for Save America's Treasures grants for preservation of
national significant sites, structures and artifacts as authorized by
section 7303 of the Omnibus Public Land Management Act of 2009 (54
U.S.C. 3089): Provided, That an individual Save America's Treasures
grant shall be matched by non-Federal funds: Provided further, That
individual projects shall only be eligible for one grant: Provided
further, <<NOTE: Consultation.>> That all projects to be funded shall
be approved by the Secretary of the Interior in consultation with the
House and Senate Committees on Appropriations: Provided further, That
of <<NOTE: Determination.>> the funds provided for the Historic
Preservation Fund, $750,000 is for competitive grants for the survey and
nomination of properties to the National Register of Historic Places and
as National Historic Landmarks associated with communities currently
under-represented, as determined by the Secretary, $18,750,000 is for
competitive grants to preserve the sites and stories of the Civil Rights
movement, $10,000,000 is for grants to Historically Black Colleges and
Universities, and $7,500,000 is for competitive grants for the
restoration of historic properties of national, State and local
significance listed on or eligible for inclusion on the National
Register of Historic Places, to be made without imposing the usage or
direct grant restrictions of section 101(e)(3) (54 U.S.C. 302904) of the
National Historical Preservation Act: Provided further, That such
competitive grants shall be made without imposing the matching
requirements in section 302902(b)(3) of title 54, United States Code, to
States and Indian tribes as defined in chapter 3003 of such title,
Native Hawaiian organizations, local governments, including Certified
Local Governments, and non-profit organizations.
construction
For construction, improvements, repair, or replacement of physical
facilities, and compliance and planning for programs and areas
administered by the National Park Service, $389,345,000, to remain
available until expended: Provided, That notwithstanding any other
provision of law, for any project initially funded in fiscal year 2020
with a future phase indicated in the National Park Service 5-Year Line
Item Construction Plan, a single procurement may be issued which
includes the full scope of the project: Provided further, That the
solicitation and contract shall contain the clause availability of funds
found at 48 CFR 52.232-18: Provided further, That National Park Service
Donations, Park Concessions Franchise Fees, and Recreation Fees may be
made available for the cost of adjustments and changes within the
original scope of effort for projects funded by the National Park
Service Construction appropriation: Provided
further, <<NOTE: Consultation.>> That the Secretary of the Interior
shall consult with the Committees on Appropriations, in accordance with
current reprogramming thresholds, prior to making any charges authorized
by this section.
land acquisition and state assistance
(including rescission of funds)
For expenses necessary to carry out chapter 2003 of title 54, United
States Code, including administrative expenses, and for
[[Page 133 STAT. 2694]]
acquisition of lands or waters, or interest therein, in accordance with
the statutory authority applicable to the National Park Service,
$208,400,000, to be derived from the Land and Water Conservation Fund
and to remain available until expended, of which $140,000,000 is for the
State assistance program and of which $13,000,000 shall be for the
American Battlefield Protection Program grants as authorized by chapter
3081 of title 54, United States Code.
Of the unobligated balances from amounts made available for the
National Park Service and derived from the Land and Water Conservation
Fund, $2,279,000 is hereby permanently rescinded from projects or from
other grant programs with an unobligated carry over balance: Provided,
That no amounts may be rescinded from amounts that were designed by the
Congress as an emergency requirement pursuant to the Concurrent
Resolution on the Budget or the Balanced Budget and Emergency Deficit
Control Act of 1985.
centennial challenge
For expenses necessary to carry out the provisions of section 101701
of title 54, United States Code, relating to challenge cost share
agreements, $15,000,000, to remain available until expended, for
Centennial Challenge projects and programs: Provided, That not less
than 50 percent of the total cost of each project or program shall be
derived from non-Federal sources in the form of donated cash, assets, or
a pledge of donation guaranteed by an irrevocable letter of credit.
administrative provisions
(including transfer of funds)
In addition to other uses set forth in section 101917(c)(2) of title
54, United States Code, franchise fees credited to a sub-account shall
be available for expenditure by the Secretary, without further
appropriation, for use at any unit within the National Park System to
extinguish or reduce liability for Possessory Interest or leasehold
surrender interest. Such funds may only be used for this purpose to the
extent that the benefitting unit anticipated franchise fee receipts over
the term of the contract at that unit exceed the amount of funds used to
extinguish or reduce liability. Franchise fees at the benefitting unit
shall be credited to the sub-account of the originating unit over a
period not to exceed the term of a single contract at the benefitting
unit, in the amount of funds so expended to extinguish or reduce
liability.
For the costs of administration of the Land and Water Conservation
Fund grants authorized by section 105(a)(2)(B) of the Gulf of Mexico
Energy Security Act of 2006 (Public Law 109-432), the National Park
Service may retain up to 3 percent of the amounts which are authorized
to be disbursed under such section, such retained amounts to remain
available until expended.
National Park Service funds may be transferred to the Federal
Highway Administration (FHWA), Department of Transportation, for
purposes authorized under 23 U.S.C. 203. Transfers may include a
reasonable amount for FHWA administrative support costs.
[[Page 133 STAT. 2695]]
United States Geological Survey
surveys, investigations, and research
For expenses necessary for the United States Geological Survey to
perform surveys, investigations, and research covering topography,
geology, hydrology, biology, and the mineral and water resources of the
United States, its territories and possessions, and other areas as
authorized by 43 U.S.C. 31, 1332, and 1340; classify lands as to their
mineral and water resources; give engineering supervision to power
permittees and Federal Energy Regulatory Commission licensees;
administer the minerals exploration program (30 U.S.C. 641); conduct
inquiries into the economic conditions affecting mining and materials
processing industries (30 U.S.C. 3, 21a, and 1603; 50 U.S.C. 98g(1)) and
related purposes as authorized by law; and to publish and disseminate
data relative to the foregoing activities; $1,270,957,000, to remain
available until September 30, 2021; of which $84,337,000 shall remain
available until expended for satellite operations; and of which
$76,164,000 shall be available until expended for deferred maintenance
and capital improvement projects that exceed $100,000 in cost:
Provided, That none of the funds provided for the ecosystem research
activity shall be used to conduct new surveys on private property,
unless specifically authorized in writing by the property owner:
Provided further, <<NOTE: 43 USC 50.>> That no part of this
appropriation shall be used to pay more than one-half the cost of
topographic mapping or water resources data collection and
investigations carried on in cooperation with States and municipalities.
administrative provisions
From within the amount appropriated for activities of the United
States Geological Survey such sums as are necessary shall be available
for contracting for the furnishing of topographic maps and for the
making of geophysical or other specialized surveys when it is
administratively determined that such procedures are in the public
interest; construction and maintenance of necessary buildings and
appurtenant facilities; acquisition of lands for gauging stations,
observation wells, and seismic equipment; expenses of the United States
National Committee for Geological Sciences; and payment of compensation
and expenses of persons employed by the Survey duly appointed to
represent the United States in the negotiation and administration of
interstate compacts: Provided, That activities funded by appropriations
herein made may be accomplished through the use of contracts, grants, or
cooperative agreements as defined in section 6302 of title 31, United
States Code: Provided further, That the United States Geological Survey
may enter into contracts or cooperative agreements directly with
individuals or indirectly with institutions or nonprofit organizations,
without regard to 41 U.S.C. 6101, for the temporary or intermittent
services of students or recent graduates, who shall be considered
employees for the purpose of chapters 57 and 81 of title 5, United
States Code, relating to compensation for travel and work injuries, and
chapter 171 of title 28, United States Code, relating to tort claims,
but shall not be considered to be Federal employees for any other
purposes.
[[Page 133 STAT. 2696]]
Bureau of Ocean Energy Management
ocean energy management
For expenses necessary for granting and administering leases,
easements, rights-of-way and agreements for use for oil and gas, other
minerals, energy, and marine-related purposes on the Outer Continental
Shelf and approving operations related thereto, as authorized by law;
for environmental studies, as authorized by law; for implementing other
laws and to the extent provided by Presidential or Secretarial
delegation; and for matching grants or cooperative agreements,
$191,611,000, of which $131,611,000 is to remain available until
September 30, 2021, and of which $60,000,000 is to remain available
until expended: Provided, That this total appropriation shall be
reduced by amounts collected by the Secretary and credited to this
appropriation from additions to receipts resulting from increases to
lease rental rates in effect on August 5, 1993, and from cost recovery
fees from activities conducted by the Bureau of Ocean Energy Management
pursuant to the Outer Continental Shelf Lands Act, including studies,
assessments, analysis, and miscellaneous administrative activities:
Provided further, That the sum herein appropriated shall be reduced as
such collections are received during the fiscal year, so as to result in
a final fiscal year 2020 appropriation estimated at not more than
$131,611,000: Provided further, That not to exceed $3,000 shall be
available for reasonable expenses related to promoting volunteer beach
and marine cleanup activities.
Bureau of Safety and Environmental Enforcement
offshore safety and environmental enforcement
(including rescission of funds)
For expenses necessary for the regulation of operations related to
leases, easements, rights-of-way and agreements for use for oil and gas,
other minerals, energy, and marine-related purposes on the Outer
Continental Shelf, as authorized by law; for enforcing and implementing
laws and regulations as authorized by law and to the extent provided by
Presidential or Secretarial delegation; and for matching grants or
cooperative agreements, $149,333,000, of which $123,333,000 is to remain
available until September 30, 2021, and of which $26,000,000 is to
remain available until expended: Provided, That this total
appropriation shall be reduced by amounts collected by the Secretary and
credited to this appropriation from additions to receipts resulting from
increases to lease rental rates in effect on August 5, 1993, and from
cost recovery fees from activities conducted by the Bureau of Safety and
Environmental Enforcement pursuant to the Outer Continental Shelf Lands
Act, including studies, assessments, analysis, and miscellaneous
administrative activities: Provided further, That the sum herein
appropriated shall be reduced as such collections are received during
the fiscal year, so as to result in a final fiscal year 2020
appropriation estimated at not more than $123,333,000: Provided
further, That of the unobligated balances from amounts made available
under this heading $4,788,000 is permanently rescinded: Provided
further, That no amounts may be rescinded from amounts that were
designated by the Congress as an emergency requirement
[[Page 133 STAT. 2697]]
pursuant to the Concurrent Resolution on the Budget or the Balanced
Budget and Emergency Deficit Control Act of 1985.
For an additional amount, $43,479,000, to remain available until
expended, to be reduced by amounts collected by the Secretary and
credited to this appropriation, which shall be derived from non-
refundable inspection fees collected in fiscal year 2020, as provided in
this Act: Provided, That to the extent that amounts realized from such
inspection fees exceed $43,479,000, the amounts realized in excess of
$43,479,000 shall be credited to this appropriation and remain available
until expended: Provided further, That for fiscal year 2020, not less
than 50 percent of the inspection fees expended by the Bureau of Safety
and Environmental Enforcement will be used to fund personnel and
mission-related costs to expand capacity and expedite the orderly
development, subject to environmental safeguards, of the Outer
Continental Shelf pursuant to the Outer Continental Shelf Lands Act (43
U.S.C. 1331 et seq.), including the review of applications for permits
to drill.
oil spill research
For necessary expenses to carry out title I, section 1016, title IV,
sections 4202 and 4303, title VII, and title VIII, section 8201 of the
Oil Pollution Act of 1990, $14,899,000, which shall be derived from the
Oil Spill Liability Trust Fund, to remain available until expended.
Office of Surface Mining Reclamation and Enforcement
regulation and technology
For necessary expenses to carry out the provisions of the Surface
Mining Control and Reclamation Act of 1977, Public Law 95-87,
$117,768,000, to remain available until September 30, 2021: Provided,
That <<NOTE: 30 USC 1211 note.>> appropriations for the Office of
Surface Mining Reclamation and Enforcement may provide for the travel
and per diem expenses of State and tribal personnel attending Office of
Surface Mining Reclamation and Enforcement sponsored training.
In addition, for costs to review, administer, and enforce permits
issued by the Office pursuant to section 507 of Public Law 95-87 (30
U.S.C. 1257), $40,000, to remain available until expended: Provided,
That <<NOTE: 30 USC 1257 note.>> fees assessed and collected by the
Office pursuant to such section 507 shall be credited to this account as
discretionary offsetting collections, to remain available until
expended: Provided further, That the sum herein appropriated from the
general fund shall be reduced as collections are received during the
fiscal year, so as to result in a fiscal year 2020 appropriation
estimated at not more than $117,768,000.
abandoned mine reclamation fund
For necessary expenses to carry out title IV of the Surface Mining
Control and Reclamation Act of 1977, Public Law 95-87, $24,713,000, to
be derived from receipts of the Abandoned Mine Reclamation Fund and to
remain available until expended: Provided, That
pursuant <<NOTE: Contracts. Debt collection.>> to Public Law 97-365, the
Department of the Interior is authorized to use up to 20 percent from
the recovery of the delinquent debt owed to the United States Government
to pay for contracts to collect these debts: Provided further, That
[[Page 133 STAT. 2698]]
funds made available under title IV of Public Law 95-87 may be used for
any required non-Federal share of the cost of projects funded by the
Federal Government for the purpose of environmental restoration related
to treatment or abatement of acid mine drainage from abandoned mines:
Provided further, That such projects must be consistent with the
purposes and priorities of the Surface Mining Control and Reclamation
Act: Provided further, That amounts provided under this heading may be
used for the travel and per diem expenses of State and tribal personnel
attending Office of Surface Mining Reclamation and Enforcement sponsored
training.
In addition, $115,000,000, to remain available until expended, for
grants to States and federally recognized Indian Tribes for reclamation
of abandoned mine lands and other related activities in accordance with
the terms and conditions described in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act): Provided, That such additional amount shall be used
for economic and community development in conjunction with the
priorities in section 403(a) of the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1233(a)): Provided further, That of
such additional amount, $75,000,000 shall be distributed in equal
amounts to the 3 Appalachian States with the greatest amount of unfunded
needs to meet the priorities described in paragraphs (1) and (2) of such
section, $30,000,000 shall be distributed in equal amounts to the 3
Appalachian States with the subsequent greatest amount of unfunded needs
to meet such priorities, and $10,000,000 shall be for grants to
federally recognized Indian Tribes without regard to their status as
certified or uncertified under the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1233(a)), for reclamation of
abandoned mine lands and other related activities in accordance with the
terms and conditions described in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated Act)
and shall be used for economic and community development in conjunction
with the priorities in section 403(a) of the Surface Mining Control and
Reclamation Act of 1977: Provided further, <<NOTE: Deadline.>> That
such additional amount shall be allocated to States and Indian Tribes
within 60 days after the date of enactment of this Act.
Indian Affairs
Bureau of Indian Affairs
operation of indian programs
(including transfers of funds)
For expenses necessary for the operation of Indian programs, as
authorized by law, including the Snyder Act of November 2, 1921 (25
U.S.C. 13), the Indian Self-Determination and Education Assistance Act
of 1975 (25 U.S.C. 5301 et seq.), $1,577,110,000, to remain available
until September 30, 2021, except as otherwise provided herein; of which
not to exceed $8,500 may be for official reception and representation
expenses; of which not to exceed $74,734,000 shall be for welfare
assistance payments: Provided, That in cases of designated Federal
disasters, the Secretary may exceed such cap for welfare payments from
the amounts provided herein, to provide for disaster relief to Indian
communities affected
[[Page 133 STAT. 2699]]
by the disaster: Provided further, That federally recognized Indian
tribes and tribal organizations of federally recognized Indian tribes
may use their tribal priority allocations for unmet welfare assistance
costs: Provided further, That not to exceed $57,424,000 shall remain
available until expended for housing improvement, road maintenance,
attorney fees, litigation support, land records improvement, and the
Navajo-Hopi Settlement Program: Provided further, That any forestry
funds allocated to a federally recognized tribe which remain unobligated
as of September 30, 2021, may be transferred during fiscal year 2022 to
an Indian forest land assistance account established for the benefit of
the holder of the funds within the holder's trust fund
account: <<NOTE: Expiration date.>> Provided further, That any such
unobligated balances not so transferred shall expire on September 30,
2022: Provided further, That in order to enhance the safety of Bureau
field employees, the Bureau may use funds to purchase uniforms or other
identifying articles of clothing for personnel: Provided further, That
the Bureau of Indian Affairs may accept transfers of funds from United
States Customs and Border Protection to supplement any other funding
available for reconstruction or repair of roads owned by the Bureau of
Indian Affairs as identified on the National Tribal Transportation
Facility Inventory, 23 U.S.C. 202(b)(1).
contract support costs
For payments to tribes and tribal organizations for contract support
costs associated with Indian Self-Determination and Education Assistance
Act agreements with the Bureau of Indian Affairs and the Bureau of
Indian Education for fiscal year 2020, such sums as may be necessary,
which shall be available for obligation through September 30, 2021:
Provided, That notwithstanding any other provision of law, no amounts
made available under this heading shall be available for transfer to
another budget account.
construction
(including transfers and rescission of funds)
For construction, repair, improvement, and maintenance of irrigation
and power systems, buildings, utilities, and other facilities, including
architectural and engineering services by contract; acquisition of
lands, and interests in lands; and preparation of lands for farming, and
for construction of the Navajo Indian Irrigation Project pursuant to
Public Law 87-483; $128,591,000, to remain available until expended:
Provided, That such amounts as may be available for the construction of
the Navajo Indian Irrigation Project may be transferred to the Bureau of
Reclamation: Provided further, That any funds provided for the Safety
of Dams program pursuant to the Act of November 2, 1921 (25 U.S.C. 13),
shall be made available on a nonreimbursable basis: Provided further,
That this appropriation may be reimbursed from the Office of the Special
Trustee for American Indians appropriation for the appropriate share of
construction costs for space expansion needed in agency offices to meet
trust reform implementation: Provided further, That of the funds made
available under this heading, $10,000,000 shall be derived from the
Indian Irrigation Fund established by section 3211 of the WIIN Act
(Public Law 114-322; 130 Stat. 1749).
[[Page 133 STAT. 2700]]
Of the unobligated balances made available for the ``Construction,
Resources Management'' account, $2,000,000 is permanently rescinded:
Provided, That no amounts may be rescinded from amounts that were
designated by the Congress as an emergency requirement pursuant to the
Concurrent Resolution on the Budget or the Balanced Budget and Emergency
Deficit Control Act of 1985.
indian land and water claim settlements and miscellaneous payments to
indians
For payments and necessary administrative expenses for
implementation of Indian land and water claim settlements pursuant to
Public Laws 99-264, 100-580, 101-618, 111-11, 111-291, and 114-322, and
for implementation of other land and water rights settlements,
$45,644,000, to remain available until expended.
indian guaranteed loan program account
For the cost of guaranteed loans and insured loans, $11,779,000, of
which $1,590,000 is for administrative expenses, as authorized by the
Indian Financing Act of 1974: Provided, That such costs, including the
cost of modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That these funds
are available to subsidize total loan principal, any part of which is to
be guaranteed or insured, not to exceed $183,476,740.
bureau of indian education
operation of indian education programs
(including transfers of funds)
For expenses necessary for the operation of Indian education
programs, as authorized by law, including the Snyder Act of November 2,
1921 (25 U.S.C. 13), the Indian Self-Determination and Education
Assistance Act of 1975 (25 U.S.C. 5301 et seq.), the Education
Amendments of 1978 (25 U.S.C. 2001-2019), and the Tribally Controlled
Schools Act of 1988 (25 U.S.C. 2501 et seq.), $943,077,000, to remain
available until September 30, 2021, except as otherwise provided herein:
Provided, That Federally recognized Indian tribes and tribal
organizations of Federally recognized Indian tribes may use their tribal
priority allocations for unmet welfare assistance costs: Provided
further, That not to exceed $702,837,000 for school operations costs of
Bureau-funded schools and other education programs shall become
available on July 1, 2020, and shall remain available until September
30, 2021: Provided further, That notwithstanding any other provision of
law, including but not limited to the Indian Self-Determination Act of
1975 (25 U.S.C. 5301 et seq.) and section 1128 of the Education
Amendments of 1978 (25 U.S.C. 2008), not to exceed $83,407,000 within
and only from such amounts made available for school operations shall be
available for administrative cost grants associated with grants approved
prior to July 1, 2020: Provided further, That in order to enhance the
safety of Bureau field employees, the Bureau may use funds to purchase
uniforms or other identifying articles of clothing for personnel.
[[Page 133 STAT. 2701]]
education construction
For construction, repair, improvement, and maintenance of buildings,
utilities, and other facilities necessary for the operation of Indian
education programs, including architectural and engineering services by
contract; acquisition of lands, and interests in lands; $248,257,000 to
remain available until expended: Provided, That in
order <<NOTE: Deadline.>> to ensure timely completion of construction
projects, the Secretary may assume control of a project and all funds
related to the project, if, not later than 18 months after the date of
the enactment of this Act, any Public Law 100-297 (25 U.S.C. 2501, et
seq.) grantee receiving funds appropriated in this Act or in any prior
Act, has not completed the planning and design phase of the project and
commenced construction.
administrative provisions
(including transfers of funds)
The Bureau of Indian Affairs and the Bureau of Indian Education may
carry out the operation of Indian programs by direct expenditure,
contracts, cooperative agreements, compacts, and grants, either directly
or in cooperation with States and other organizations.
Notwithstanding Public Law 87-279 (25 U.S.C. 15), the Bureau of
Indian Affairs may contract for services in support of the management,
operation, and maintenance of the Power Division of the San Carlos
Irrigation Project.
Notwithstanding any other provision of law, no funds available to
the Bureau of Indian Affairs or the Bureau of Indian Education for
central office oversight and Executive Direction and Administrative
Services (except executive direction and administrative services funding
for Tribal Priority Allocations, regional offices, and facilities
operations and maintenance) shall be available for contracts, grants,
compacts, or cooperative agreements with the Bureau of Indian Affairs or
the Bureau of Indian Education under the provisions of the Indian Self-
Determination Act or the Tribal Self-Governance Act of 1994 (Public Law
103-413).
In the event any tribe returns appropriations made available by this
Act to the Bureau of Indian Affairs or the Bureau of Indian Education,
this action shall not diminish the Federal Government's trust
responsibility to that tribe, or the government-to-government
relationship between the United States and that tribe, or that tribe's
ability to access future appropriations.
Notwithstanding any other provision of law, no funds available to
the Bureau of Indian Education, other than the amounts provided herein
for assistance to public schools under 25 U.S.C. 452 et seq., shall be
available to support the operation of any elementary or secondary school
in the State of Alaska.
No funds <<NOTE: Waiver authority. Determination.>> available to the
Bureau of Indian Education shall be used to support expanded grades for
any school or dormitory beyond the grade structure in place or approved
by the Secretary of the Interior at each school in the Bureau of Indian
Education school system as of October 1, 1995, except that the Secretary
of the Interior may waive this prohibition to support expansion of up to
one additional grade when the Secretary determines such waiver is needed
to support accomplishment of the mission of the Bureau of Indian
Education, or more than one grade to expand
[[Page 133 STAT. 2702]]
the elementary grade structure for Bureau-funded schools with a K-2
grade structure on October 1, 1996. Appropriations made available in
this or any prior Act for schools funded by the Bureau shall be
available, in accordance with the Bureau's funding formula, only to the
schools in the Bureau school system as of September 1, 1996, and to any
school or school program that was reinstated in fiscal year
2012. <<NOTE: Charter schools. Reimbursement.>> Funds made available
under this Act may not be used to establish a charter school at a
Bureau-funded school (as that term is defined in section 1141 of the
Education Amendments of 1978 (25 U.S.C. 2021)), except that a charter
school that is in existence on the date of the enactment of this Act and
that has operated at a Bureau-funded school before September 1, 1999,
may continue to operate during that period, but only if the charter
school pays to the Bureau a pro rata share of funds to reimburse the
Bureau for the use of the real and personal property (including buses
and vans), the funds of the charter school are kept separate and apart
from Bureau funds, and the Bureau does not assume any obligation for
charter school programs of the State in which the school is located if
the charter school loses such funding. Employees of Bureau-funded
schools sharing a campus with a charter school and performing functions
related to the charter school's operation and employees of a charter
school shall not be treated as Federal employees for purposes of chapter
171 of title 28, United States Code.
Notwithstanding any other provision of law, including section 113 of
title I of appendix C of Public Law 106-113, if in fiscal year 2003 or
2004 a grantee received indirect and administrative costs pursuant to a
distribution formula based on section 5(f) of Public Law 101-301, the
Secretary shall continue to distribute indirect and administrative cost
funds to such grantee using the section 5(f) distribution formula.
Funds <<NOTE: Waiver authority. Compliance.>> available under this
Act may not be used to establish satellite locations of schools in the
Bureau school system as of September 1, 1996, except that the Secretary
may waive this prohibition in order for an Indian tribe to provide
language and cultural immersion educational programs for non-public
schools located within the jurisdictional area of the tribal government
which exclusively serve tribal members, do not include grades beyond
those currently served at the existing Bureau-funded school, provide an
educational environment with educator presence and academic facilities
comparable to the Bureau-funded school, comply with all applicable
Tribal, Federal, or State health and safety standards, and the Americans
with Disabilities Act, and demonstrate the benefits of establishing
operations at a satellite location in lieu of incurring extraordinary
costs, such as for transportation or other impacts to students such as
those caused by busing students extended distances: Provided, That no
funds available under this Act may be used to fund operations,
maintenance, rehabilitation, construction or other facilities-related
costs for such assets that are not owned by the Bureau: Provided
further, <<NOTE: Definition.>> That the term ``satellite school'' means
a school location physically separated from the existing Bureau school
by more than 50 miles but that forms part of the existing school in all
other respects.
Funds made available for Tribal Priority Allocations within
Operation of Indian Programs and Operation of Indian Education Programs
may be used to execute requested adjustments in tribal priority
allocations initiated by an Indian Tribe.
[[Page 133 STAT. 2703]]
Departmental Offices
Office of the Secretary
departmental operations
(including transfer of funds)
For necessary expenses for management of the Department of the
Interior and for grants and cooperative agreements, as authorized by
law, $131,832,000, to remain available until September 30, 2021; of
which no less than $1,000,000 shall be for the hiring of additional
personnel to assist the Department with its compliance responsibilities
under 5 U.S.C. 552; of which not to exceed $15,000 may be for official
reception and representation expenses; and of which up to $1,000,000
shall be available for workers compensation payments and unemployment
compensation payments associated with the orderly closure of the United
States Bureau of Mines; and of which $10,000,000 for the Appraisal and
Valuation Services Office is to be derived from the Land and Water
Conservation Fund and shall remain available until expended; and of
which $11,061,000 for Indian land, mineral, and resource valuation
activities shall remain available until expended: Provided, That funds
for Indian land, mineral, and resource valuation activities may, as
needed, be transferred to and merged with the Bureau of Indian Affairs
``Operation of Indian Programs'' and Bureau of Indian Education
``Operation of Indian Education Programs'' accounts and the Office of
the Special Trustee for American Indians ``Federal Trust Programs''
account: Provided further, That funds made available through contracts
or grants obligated during fiscal year 2020, as authorized by the Indian
Self-Determination Act of 1975 (25 U.S.C. 5301 et seq.), shall remain
available until expended by the contractor or grantee.
administrative provisions
For fiscal year 2020, up to $400,000 of the payments authorized by
chapter 69 of title 31, United States Code, may be retained for
administrative expenses of the Payments in Lieu of Taxes Program:
Provided, That the amounts provided under this Act specifically for the
Payments in Lieu of Taxes program are the only amounts available for
payments authorized under chapter 69 of title 31, United States Code:
Provided further, <<NOTE: 31 USC 6903 note.>> That in the event the sums
appropriated for any fiscal year for payments pursuant to this chapter
are insufficient to make the full payments authorized by that chapter to
all units of local government, then the payment to each local government
shall be made proportionally: Provided further, That the Secretary may
make adjustments to payment to individual units of local government to
correct for prior overpayments or underpayments: Provided further, That
no payment shall be made pursuant to that chapter to otherwise eligible
units of local government if the computed amount of the payment is less
than $100.
[[Page 133 STAT. 2704]]
Insular Affairs
assistance to territories
For expenses necessary for assistance to territories under the
jurisdiction of the Department of the Interior and other jurisdictions
identified in section 104(e) of Public Law 108-188, $102,881,000, of
which: (1) $93,390,000 shall remain available until expended for
territorial assistance, including general technical assistance,
maintenance assistance, disaster assistance, coral reef initiative and
natural resources activities, and brown tree snake control and research;
grants to the judiciary in American Samoa for compensation and expenses,
as authorized by law (48 U.S.C. 1661(c)); grants to the Government of
American Samoa, in addition to current local revenues, for construction
and support of governmental functions; grants to the Government of the
Virgin Islands, as authorized by law; grants to the Government of Guam,
as authorized by law; and grants to the Government of the Northern
Mariana Islands, as authorized by law (Public Law 94-241; 90 Stat. 272);
and (2) $9,491,000 shall be available until September 30, 2021, for
salaries and expenses of the Office of Insular Affairs: <<NOTE: 48 USC
1469b.>> Provided, That all financial transactions of the territorial
and local governments herein provided for, including such transactions
of all agencies or instrumentalities established or used by such
governments, may be audited by the Government Accountability Office, at
its discretion, in accordance with chapter 35 of title 31, United States
Code: Provided further, That Northern Mariana Islands Covenant grant
funding shall be provided according to those terms of the Agreement of
the Special Representatives on Future United States Financial Assistance
for the Northern Mariana Islands approved by Public Law 104-134:
Provided further, That the funds for the program of operations and
maintenance improvement are appropriated to institutionalize routine
operations and maintenance improvement of capital infrastructure with
territorial participation and cost sharing to be determined by the
Secretary based on the grantee's commitment to timely maintenance of its
capital assets: Provided further, That any appropriation for disaster
assistance under this heading in this Act or previous appropriations
Acts may be used as non-Federal matching funds for the purpose of hazard
mitigation grants provided pursuant to section 404 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170c).
compact of free association
For grants and necessary expenses, $8,463,000, to remain available
until expended, as provided for in sections 221(a)(2) and 233 of the
Compact of Free Association for the Republic of Palau; and section
221(a)(2) of the Compacts of Free Association for the Government of the
Republic of the Marshall Islands and the Federated States of Micronesia,
as authorized by Public Law 99-658 and Public Law 108-188: Provided,
That of the funds appropriated under this heading, $5,000,000 is for
deposit into the Compact Trust Fund of the Republic of the Marshall
Islands as compensation authorized by Public Law 108-188 for adverse
financial and economic impacts.
[[Page 133 STAT. 2705]]
Administrative Provisions
(including transfer of funds)
At the request of the Governor of Guam, the Secretary may transfer
discretionary funds or mandatory funds provided under section 104(e) of
Public Law 108-188 and Public Law 104-134, that are allocated for Guam,
to the Secretary of Agriculture for the subsidy cost of direct or
guaranteed loans, plus not to exceed three percent of the amount of the
subsidy transferred for the cost of loan administration, for the
purposes authorized by the Rural Electrification Act of 1936 and section
306(a)(1) of the Consolidated Farm and Rural Development Act for
construction and repair projects in Guam, and such funds shall remain
available until expended: Provided, That such costs, including the cost
of modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That such loans or
loan guarantees may be made without regard to the population of the
area, credit elsewhere requirements, and restrictions on the types of
eligible entities under the Rural Electrification Act of 1936 and
section 306(a)(1) of the Consolidated Farm and Rural Development Act:
Provided further, That any funds transferred to the Secretary of
Agriculture shall be in addition to funds otherwise made available to
make or guarantee loans under such authorities.
Office of the Solicitor
salaries and expenses
For necessary expenses of the Office of the Solicitor, $66,816,000.
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General,
$55,986,000, to remain available until September 30, 2021.
Office of the Special Trustee for American Indians
federal trust programs
(including transfer and rescission of funds)
For the operation of trust programs for Indians by direct
expenditure, contracts, cooperative agreements, compacts, and grants,
$111,540,000, to remain available until expended, of which not to exceed
$19,016,000 from this or any other Act, may be available for historical
accounting: Provided, That funds for trust management improvements and
litigation support may, as needed, be transferred to or merged with the
Bureau of Indian Affairs, ``Operation of Indian Programs'' and Bureau of
Indian Education, ``Operation of Indian Education Programs'' accounts;
the Office of the Solicitor, ``Salaries and Expenses'' account; and the
Office of the Secretary, ``Departmental Operations'' account: Provided
further, That funds made available through contracts or grants obligated
[[Page 133 STAT. 2706]]
during fiscal year 2020, as authorized by the Indian Self-Determination
Act of 1975 (25 U.S.C. 5301 et seq.), shall remain available until
expended by the contractor or grantee: Provided further, That
notwithstanding any other provision of law, the Secretary shall not be
required to provide a quarterly statement of performance for any Indian
trust account that has not had activity for at least 15 months and has a
balance of $15 or less: Provided further, That the
Secretary <<NOTE: Account statement. Records.>> shall issue an annual
account statement and maintain a record of any such accounts and shall
permit the balance in each such account to be withdrawn upon the express
written request of the account holder: Provided further, That not to
exceed $50,000 is available for the Secretary to make payments to
correct administrative errors of either disbursements from or deposits
to Individual Indian Money or Tribal accounts after September 30, 2002:
Provided further, That erroneous payments that are recovered shall be
credited to and remain available in this account for this purpose:
Provided further, That the Secretary shall not be required to reconcile
Special Deposit Accounts with a balance of less than $500 unless the
Office of the Special Trustee receives proof of ownership from a Special
Deposit Accounts claimant: Provided further, That notwithstanding
section 102 of the American Indian Trust Fund Management Reform Act of
1994 (Public Law 103-412) or any other provision of law, the Secretary
may aggregate the trust accounts of individuals whose whereabouts are
unknown for a continuous period of at least five years and shall not be
required to generate periodic statements of performance for the
individual accounts: Provided
further, <<NOTE: Records. Determination.>> That with respect to the
eighth proviso, the Secretary shall continue to maintain sufficient
records to determine the balance of the individual accounts, including
any accrued interest and income, and such funds shall remain available
to the individual account holders.
Of the unobligated balances from amounts made available for the
Office of the Special Trustee for American Indians, $3,000,000 is
permanently rescinded: Provided, That no amounts may be rescinded from
amounts that were designated by the Congress as an emergency requirement
pursuant to the Concurrent Resolution on the Budget or the Balanced
Budget and Emergency Deficit Control Act of 1985.
Department-Wide Programs
wildland fire management
(including transfers of funds)
For necessary expenses for fire preparedness, fire suppression
operations, fire science and research, emergency rehabilitation, fuels
management activities, and rural fire assistance by the Department of
the Interior, $952,338,000, to remain available until expended, of which
not to exceed $18,427,000 shall be for the renovation or construction of
fire facilities: Provided, That such funds are also available for
repayment of advances to other appropriation accounts from which funds
were previously transferred for such purposes: Provided further, That
of the funds provided $194,000,000 is for fuels management activities:
Provided further, That of the funds provided $20,470,000 is for burned
area rehabilitation: Provided further, That persons hired pursuant to
43 U.S.C. 1469 may
[[Page 133 STAT. 2707]]
be furnished subsistence and lodging without cost from funds available
from this appropriation: Provided further, That notwithstanding 42
U.S.C. 1856d, sums received by a bureau or office of the Department of
the Interior for fire protection rendered pursuant to 42 U.S.C. 1856 et
seq., protection of United States property, may be credited to the
appropriation from which funds were expended to provide that protection,
and are available without fiscal year limitation: Provided
further, <<NOTE: Contracts. Grants.>> That using the amounts designated
under this title of this Act, the Secretary of the Interior may enter
into procurement contracts, grants, or cooperative agreements, for fuels
management activities, and for training and monitoring associated with
such fuels management activities on Federal land, or on adjacent non-
Federal land for activities that benefit resources on Federal land:
Provided further <<NOTE: Cost sharing.>> , That the costs of
implementing any cooperative agreement between the Federal Government
and any non-Federal entity may be shared, as mutually agreed on by the
affected parties: Provided further, That notwithstanding requirements
of the Competition in Contracting Act, the Secretary, for purposes of
fuels management activities, may obtain maximum practicable competition
among: (1) local private, nonprofit, or cooperative entities; (2) Youth
Conservation Corps crews, Public Lands Corps (Public Law 109-154), or
related partnerships with State, local, or nonprofit youth groups; (3)
small or micro-businesses; or (4) other entities that will hire or train
locally a significant percentage, defined as 50 percent or more, of the
project workforce to complete such contracts: <<NOTE: Guidance.>>
Provided further, That in implementing this section, the Secretary shall
develop written guidance to field units to ensure accountability and
consistent application of the authorities provided herein:
Provided <<NOTE: Reimbursement.>> further, That funds appropriated under
this heading may be used to reimburse the United States Fish and
Wildlife Service and the National Marine Fisheries Service for the costs
of carrying out their responsibilities under the Endangered Species Act
of 1973 (16 U.S.C. 1531 et seq.) to consult and conference, as required
by section 7 of such Act, in connection with wildland fire management
activities: Provided further, That the Secretary of the Interior may
use wildland fire appropriations to enter into leases of real property
with local governments, at or below fair market value, to construct
capitalized improvements for fire facilities on such leased properties,
including but not limited to fire guard stations, retardant stations,
and other initial attack and fire support facilities, and to make
advance payments for any such lease or for construction activity
associated with the lease: Provided further, That the Secretary of the
Interior and the Secretary of Agriculture may authorize the transfer of
funds appropriated for wildland fire management, in an aggregate amount
not to exceed $50,000,000 between the Departments when such transfers
would facilitate and expedite wildland fire management programs and
projects: Provided further, That funds provided for wildfire
suppression shall be available for support of Federal emergency response
actions: Provided further, That funds appropriated under this heading
shall be available for assistance to or through the Department of State
in connection with forest and rangeland research, technical information,
and assistance in foreign countries, and, with the concurrence of the
Secretary of State, shall be available to support forestry, wildland
fire management, and related natural resource activities outside the
United States and its territories and possessions, including technical
assistance,
[[Page 133 STAT. 2708]]
education and training, and cooperation with United States and
international organizations: Provided further, That of the funds
provided under this heading $383,657,000 is provided to meet the terms
of section 251(b)(2)(F)(ii)(I) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
wildfire suppression operations reserve fund
(including transfers of funds)
In addition to the amounts provided under the heading ``Department
of the Interior--Department-Wide Programs--Wildland Fire Management''
for wildfire suppression operations, $300,000,000, to remain available
until transferred, is additional new budget authority as specified for
purposes of section 251(b)(2)(F) of the Balanced Budget and Emergency
Deficit Control Act of 1985: Provided, That such amounts may be
transferred to and merged with amounts made available under the headings
``Department of Agriculture--Forest Service--Wildland Fire Management''
and ``Department of the Interior--Department-Wide Programs--Wildland
Fire Management'' for wildfire suppression operations in the fiscal year
in which such amounts are transferred: <<NOTE: Notification. Time
period.>> Provided further, That amounts may be transferred to the
``Wildland Fire Management'' accounts in the Department of Agriculture
or the Department of the Interior only upon the notification of the
House and Senate Committees on Appropriations that all wildfire
suppression operations funds appropriated under that heading in this and
prior appropriations Acts to the agency to which the funds will be
transferred will be obligated within 30 days: Provided further, That
the transfer authority provided under this heading is in addition to any
other transfer authority provided by law.
central hazardous materials fund
For necessary expenses of the Department of the Interior and any of
its component offices and bureaus for the response action, including
associated activities, performed pursuant to the Comprehensive
Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601
et seq.), $10,010,000, to remain available until expended.
For an additional amount for a competitive grant program to fund
radium decontamination and remediation at any land-grant university that
has been subjected to such contamination as a result of actions of the
former United States Bureau of Mines, $12,000,000.
Natural Resource Damage Assessment and Restoration
natural resource damage assessment fund
To conduct natural resource damage assessment, restoration
activities, and onshore oil spill preparedness by the Department of the
Interior necessary to carry out the provisions of the Comprehensive
Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601
et seq.), the Federal Water Pollution Control Act (33 U.S.C. 1251 et
seq.), the Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.), and 54
U.S.C. 100721 et seq., $7,767,000, to remain available until expended.
[[Page 133 STAT. 2709]]
working capital fund
For the operation and maintenance of a departmental financial and
business management system, information technology improvements of
general benefit to the Department, cybersecurity, and the consolidation
of facilities and operations throughout the Department, $55,735,000, to
remain available until expended: Provided, That none of the funds
appropriated in this Act or any other Act may be used to establish
reserves in the Working Capital Fund account other than for accrued
annual leave and depreciation of equipment without prior approval of the
Committees on Appropriations of the House of Representatives and the
Senate: Provided further, That the Secretary may assess reasonable
charges to State, local and tribal government employees for training
services provided by the National Indian Program Training Center, other
than training related to Public Law 93-638: Provided further, That the
Secretary may lease or otherwise provide space and related facilities,
equipment or professional services of the National Indian Program
Training Center to State, local and tribal government employees or
persons or organizations engaged in cultural, educational, or
recreational activities (as defined in section 3306(a) of title 40,
United States Code) at the prevailing rate for similar space,
facilities, equipment, or services in the vicinity of the National
Indian Program Training Center: Provided further, That all funds
received pursuant to the two preceding provisos shall be credited to
this account, shall be available until expended, and shall be used by
the Secretary for necessary expenses of the National Indian Program
Training Center: <<NOTE: Grants. Contracts.>> Provided further, That
the Secretary may enter into grants and cooperative agreements to
support the Office of Natural Resource Revenue's collection and
disbursement of royalties, fees, and other mineral revenue proceeds, as
authorized by law.
administrative provision
There is hereby authorized for acquisition from available resources
within the Working Capital Fund, aircraft which may be obtained by
donation, purchase or through available excess surplus property:
Provided, That existing aircraft being replaced may be sold, with
proceeds derived or trade-in value used to offset the purchase price for
the replacement aircraft.
office of natural resources revenue
For necessary expenses for management of the collection and
disbursement of royalties, fees, and other mineral revenue proceeds, and
for grants and cooperative agreements, as authorized by law,
$147,330,000, to remain available until September 30, 2021; of which
$50,651,000 shall remain available until expended for the purpose of
mineral revenue management activities: Provided, That notwithstanding
any other provision of law, $15,000 shall be available for refunds of
overpayments in connection with certain Indian leases in which the
Secretary concurred with the claimed refund due, to pay amounts owed to
Indian allottees or tribes, or to correct prior unrecoverable erroneous
payments.
[[Page 133 STAT. 2710]]
General Provisions, Department of the Interior
(including transfers of funds)
emergency transfer authority--intra-bureau
Sec. 101. Appropriations made in this title shall be available for
expenditure or transfer (within each bureau or office), with the
approval of the Secretary, for the emergency reconstruction,
replacement, or repair of aircraft, buildings, utilities, or other
facilities or equipment damaged or destroyed by fire, flood, storm, or
other unavoidable causes: Provided, That no funds shall be made
available under this authority until funds specifically made available
to the Department of the Interior for emergencies shall have been
exhausted: Provided further, That all funds used pursuant to this
section must be replenished by a supplemental appropriation, which must
be requested as promptly as possible.
emergency transfer authority--department-wide
Sec. 102. The Secretary may authorize the expenditure or transfer
of any no year appropriation in this title, in addition to the amounts
included in the budget programs of the several agencies, for the
suppression or emergency prevention of wildland fires on or threatening
lands under the jurisdiction of the Department of the Interior; for the
emergency rehabilitation of burned-over lands under its jurisdiction;
for emergency actions related to potential or actual earthquakes,
floods, volcanoes, storms, or other unavoidable causes; for contingency
planning subsequent to actual oil spills; for response and natural
resource damage assessment activities related to actual oil spills or
releases of hazardous substances into the environment; for the
prevention, suppression, and control of actual or potential grasshopper
and Mormon cricket outbreaks on lands under the jurisdiction of the
Secretary, pursuant to the authority in section 417(b) of Public Law
106-224 (7 U.S.C. 7717(b)); for emergency reclamation projects under
section 410 of Public Law 95-87; and shall transfer, from any no year
funds available to the Office of Surface Mining Reclamation and
Enforcement, such funds as may be necessary to permit assumption of
regulatory authority in the event a primacy State is not carrying out
the regulatory provisions of the Surface Mining Act: Provided, That
appropriations made <<NOTE: Reimbursement.>> in this title for wildland
fire operations shall be available for the payment of obligations
incurred during the preceding fiscal year, and for reimbursement to
other Federal agencies for destruction of vehicles, aircraft, or other
equipment in connection with their use for wildland fire operations,
with such reimbursement to be credited to appropriations currently
available at the time of receipt thereof: Provided
further <<NOTE: Determination. Time period.>> , That for wildland fire
operations, no funds shall be made available under this authority until
the Secretary determines that funds appropriated for ``wildland fire
suppression'' shall be exhausted within 30 days: Provided further, That
all funds used pursuant to this section must be replenished by a
supplemental appropriation, which must be requested as promptly as
possible: Provided <<NOTE: Reimbursement.>> further, That such
replenishment funds shall be used to reimburse, on a pro rata basis,
accounts from which emergency funds were transferred.
[[Page 133 STAT. 2711]]
authorized use of funds
Sec. 103. Appropriations made to the Department of the Interior in
this title shall be available for services as authorized by section 3109
of title 5, United States Code, when authorized by the Secretary, in
total amount not to exceed $500,000; purchase and replacement of motor
vehicles, including specially equipped law enforcement vehicles; hire,
maintenance, and operation of aircraft; hire of passenger motor
vehicles; purchase of reprints; payment for telephone service in private
residences in the field, when authorized under regulations approved by
the Secretary; and the payment of dues, when authorized by the
Secretary, for library membership in societies or associations which
issue publications to members only or at a price to members lower than
to subscribers who are not members.
authorized use of funds, indian trust management
Sec. 104. Appropriations made in this Act under the headings Bureau
of Indian Affairs and Bureau of Indian Education, and Office of the
Special Trustee for American Indians and any unobligated balances from
prior appropriations Acts made under the same headings shall be
available for expenditure or transfer for Indian trust management and
reform activities. Total funding for historical accounting activities
shall not exceed amounts specifically designated in this Act for such
purpose. <<NOTE: Notification. Deadline.>> The Secretary shall notify
the House and Senate Committees on Appropriations within 60 days of the
expenditure or transfer of any funds under this section, including the
amount expended or transferred and how the funds will be used.
redistribution of funds, bureau of indian affairs
Sec. 105. Notwithstanding any other provision of law, the Secretary
of the Interior is authorized to redistribute any Tribal Priority
Allocation funds, including tribal base funds, to alleviate tribal
funding inequities by transferring funds to address identified, unmet
needs, dual enrollment, overlapping service areas or inaccurate
distribution methodologies. No tribe shall receive a reduction in Tribal
Priority Allocation funds of more than 10 percent in fiscal year 2020.
Under circumstances of dual enrollment, overlapping service areas or
inaccurate distribution methodologies, the 10 percent limitation does
not apply.
ellis, governors, and liberty islands
Sec. 106. <<NOTE: New York. New Jersey. Contracts.>>
Notwithstanding any other provision of law, the Secretary of the
Interior is authorized to acquire lands, waters, or interests therein
including the use of all or part of any pier, dock, or landing within
the State of New York and the State of New Jersey, for the purpose of
operating and maintaining facilities in the support of transportation
and accommodation of visitors to Ellis, Governors, and Liberty Islands,
and of other program and administrative activities, by donation or with
appropriated funds, including franchise fees (and other monetary
consideration), or by exchange; and the Secretary is authorized to
negotiate and
[[Page 133 STAT. 2712]]
enter into leases, subleases, concession contracts or other agreements
for the use of such facilities on such terms and conditions as the
Secretary may determine reasonable.
outer continental shelf inspection fees
Sec. 107. (a) In fiscal year 2020, the Secretary shall collect a
nonrefundable inspection fee, which shall be deposited in the ``Offshore
Safety and Environmental Enforcement'' account, from the designated
operator for facilities subject to inspection under 43 U.S.C. 1348(c).
(b) Annual fees shall be collected for facilities that are above the
waterline, excluding drilling rigs, and are in place at the start of the
fiscal year. Fees for fiscal year 2020 shall be--
(1) $10,500 for facilities with no wells, but with
processing equipment or gathering lines;
(2) $17,000 for facilities with 1 to 10 wells, with any
combination of active or inactive wells; and
(3) $31,500 for facilities with more than 10 wells, with any
combination of active or inactive wells.
(c) Fees for drilling rigs shall be assessed for all inspections
completed in fiscal year 2020. Fees for fiscal year 2020 shall be--
(1) $30,500 per inspection for rigs operating in water
depths of 500 feet or more; and
(2) $16,700 per inspection for rigs operating in water
depths of less than 500 feet.
(d) Fees for inspection of well operations conducted via non-rig
units as outlined in title 30 CFR 250 subparts D, E, F, and Q shall be
assessed for all inspections completed in fiscal year 2020. Fees for
fiscal year 2020 shall be--
(1) $13,260 per inspection for non-rig units operating in
water depths of 2,500 feet or more;
(2) $11,530 per inspection for non-rig units operating in
water depths between 500 and 2,499 feet; and
(3) $4,470 per inspection for non-rig units operating in
water depths of less than 500 feet.
(e) <<NOTE: Time periods. Deadlines.>> The Secretary shall bill
designated operators under subsection (b) quarterly, with payment
required within 30 days of billing. The Secretary shall bill designated
operators under subsection (c) within 30 days of the end of the month in
which the inspection occurred, with payment required within 30 days of
billing. The Secretary shall bill designated operators under subsection
(d) with payment required by the end of the following quarter.
contracts and agreements for wild horse and burro holding facilities
Sec. 108. <<NOTE: 16 USC 1336 note.>> Notwithstanding any other
provision of this Act, the Secretary of the Interior may enter into
multiyear cooperative agreements with nonprofit organizations and other
appropriate entities, and may enter into multiyear contracts in
accordance with the provisions of section 3903 of title 41, United
States Code (except that the 5-year term restriction in subsection (a)
shall not apply), for the long-term care and maintenance of excess wild
free roaming horses and burros by such organizations or entities on
private land. Such cooperative agreements and <<NOTE: Time
period.>> contracts may not exceed 10 years, subject to renewal at the
discretion of the Secretary.
[[Page 133 STAT. 2713]]
mass marking of salmonids
Sec. 109. The United States Fish and Wildlife Service shall, in
carrying out its responsibilities to protect threatened and endangered
species of salmon, implement a system of mass marking of salmonid
stocks, intended for harvest, that are released from federally operated
or federally financed hatcheries including but not limited to fish
releases of coho, chinook, and steelhead species. Marked fish must have
a visible mark that can be readily identified by commercial and
recreational fishers.
contracts and agreements with indian affairs
Sec. 110. Notwithstanding any other provision of law, during fiscal
year 2020, in carrying out work involving cooperation with State, local,
and tribal governments or any political subdivision thereof, Indian
Affairs may record obligations against accounts receivable from any such
entities, except that total obligations at the end of the fiscal year
shall not exceed total budgetary resources available at the end of the
fiscal year.
department of the interior experienced services program
Sec. 111. (a) <<NOTE: Grants. Contracts.>> Notwithstanding any other
provision of law relating to Federal grants and cooperative agreements,
the Secretary of the Interior is authorized to make grants to, or enter
into cooperative agreements with, private nonprofit organizations
designated by the Secretary of Labor under title V of the Older
Americans Act of 1965 to utilize the talents of older Americans in
programs authorized by other provisions of law administered by the
Secretary and consistent with such provisions of law.
(b) Prior to awarding any grant or agreement under subsection (a),
the Secretary shall ensure that the agreement would not--
(1) result in the displacement of individuals currently
employed by the Department, including partial displacement
through reduction of non-overtime hours, wages, or employment
benefits;
(2) result in the use of an individual under the Department
of the Interior Experienced Services Program for a job or
function in a case in which a Federal employee is in a layoff
status from the same or substantially equivalent job within the
Department; or
(3) affect existing contracts for services.
obligation of funds
Sec. 112. <<NOTE: Deadline.>> Amounts appropriated by this Act to
the Department of the Interior shall be available for obligation and
expenditure not later than 60 days after the date of enactment of this
Act.
extension of authorities
Sec. 113. (a) Section 512 of title V of division J of Public Law
108-447 <<NOTE: 54 USC 320101 note.>> is amended by striking ``on the
date that is 15 years after the date that funds are first made available
for this title.'' and inserting ``after September 30, 2022.''.
(b) Section 608 of title VI of division J of Public Law 108-447 is
amended by striking ``the <<NOTE: 54 USC 320101 note.>> expiration of
the 15-year period
[[Page 133 STAT. 2714]]
beginning on the date that funds are first made available for this
title.'' and inserting ``September 30, 2022.''.
(c) Section 109 of title I of Public Law 103-449, as amended by
Public Law 111-11, title VIII section 8201(c), <<NOTE: 54 USC 320101
note.>> is further amended by striking ``$15,000,000'' and inserting
``$17,000,000''.
(d) Section 608(a) of division II of Public Law 104-333, as amended
by Public Law 110-229 section 461 <<NOTE: 54 USC 320101 note.>> , is
further amended by striking ``$15,000,000'' and inserting
``$17,000,000''.
(e) Section 810(a)(1) of title VIII of division B of appendix D of
Public Law 106-554, as amended by Public Law 115-31, division G, title I
section 115(b) <<NOTE: 54 USC 320101 note.>> , is further amended by
striking ``$12,000,000'' and inserting ``$14,000,000''.
separation of accounts
Sec. 114. <<NOTE: Transfer authority.>> The Secretary of the
Interior, in order to implement an orderly transition to separate
accounts of the Bureau of Indian Affairs and the Bureau of Indian
Education, may transfer funds among and between the successor offices
and bureaus affected by the reorganization only in conformance with the
reprogramming guidelines described in this Act.
payments in lieu of taxes (pilt)
Sec. 115. <<NOTE: Applicability. 31 USC 6906 note.>> Section 6906
of title 31, United States Code, shall be applied by substituting
``fiscal year 2020'' for ``fiscal year 2019''.
sage-grouse
Sec. 116. None of the funds made available by this or any other Act
may be used by the Secretary of the Interior to write or issue pursuant
to section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533)--
(1) a proposed rule for greater sage-grouse (Centrocercus
urophasianus);
(2) a proposed rule for the Columbia basin distinct
population segment of greater sage-grouse.
disclosure of departure or alternate procedure approval
Sec. 117. <<NOTE: Deadlines. Public information. Web posting.>> (a)
Subject to subsection (b), beginning no later than 180 days after the
enactment of this Act, in any case in which the Bureau of Safety and
Environmental Enforcement or the Bureau of Ocean Energy Management
prescribes or approves any departure or use of alternate procedure or
equipment, in regards to a plan or permit, under 30 C.F.R. Sec.
585.103, 30 C.F.R. Sec. 550.141; 30 C.F.R. Sec. 550.142; 30 C.F.R.
Sec. 250.141, or 30 C.F.R. Sec. 250.142, the head of such bureau shall
post a description of such departure or alternate procedure or equipment
use approval on such bureau's publicly available website not more than
15 business days after such issuance.
(b) The head of each bureau may exclude confidential business
information.
[[Page 133 STAT. 2715]]
TITLE II
ENVIRONMENTAL PROTECTION AGENCY
Science and Technology
For science and technology, including research and development
activities, which shall include research and development activities
under the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980; necessary expenses for personnel and related
costs and travel expenses; procurement of laboratory equipment and
supplies; and other operating expenses in support of research and
development, $716,449,000, to remain available until September 30, 2021:
Provided, That of the funds included under this heading, $6,000,000
shall be for Research: National Priorities as specified in the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act).
Environmental Programs and Management
For environmental programs and management, including necessary
expenses, not otherwise provided for, for personnel and related costs
and travel expenses; hire of passenger motor vehicles; hire,
maintenance, and operation of aircraft; purchase of reprints; library
memberships in societies or associations which issue publications to
members only or at a price to members lower than to subscribers who are
not members; administrative costs of the brownfields program under the
Small Business Liability Relief and Brownfields Revitalization Act of
2002; implementation of a coal combustion residual permit program under
section 2301 of the Water and Waste Act of 2016; and not to exceed
$31,000 for official reception and representation expenses,
$2,663,356,000, to remain available until September 30, 2021: Provided,
That of the funds included under this heading, $17,700,000 shall be for
Environmental Protection: National Priorities as specified in the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act): Provided further, That of the
funds included under this heading, $510,276,000 shall be for Geographic
Programs specified in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated Act).
In addition, $5,000,000 to remain available until expended, for
necessary expenses of activities described in section 26(b)(1) of the
Toxic Substances Control Act (15 U.S.C. 2625(b)(1)): Provided, That
fees collected pursuant to that section of that Act and deposited in the
``TSCA Service Fee Fund'' as discretionary offsetting receipts in fiscal
year 2020 shall be retained and used for necessary salaries and expenses
in this appropriation and shall remain available until expended:
Provided further, That the sum herein appropriated in this paragraph
from the general fund for fiscal year 2020 shall be reduced by the
amount of discretionary offsetting receipts received during fiscal year
2020, so as to result in a final fiscal year 2020 appropriation from the
general fund estimated at not more than $0: Provided further, That to
the extent that amounts realized from such receipts exceed $5,000,000,
those amount in excess of $5,000,000 shall be deposited in the ``TSCA
Service Fee Fund'' as discretionary offsetting receipts in fiscal year
2020, shall be retained and used for necessary salaries and expenses in
this
[[Page 133 STAT. 2716]]
account, and shall remain available until expended: Provided further,
That of the funds included in the first paragraph under this heading,
the Chemical Risk Review and Reduction program project shall be
allocated for this fiscal year, excluding the amount of any fees
appropriated, not less than the amount of appropriations for that
program project for fiscal year 2014.
Hazardous Waste Electronic Manifest System Fund
For necessary expenses to carry out section 3024 of the Solid Waste
Disposal Act (42 U.S.C. 6939g), including the development, operation,
maintenance, and upgrading of the hazardous waste electronic manifest
system established by such section, $8,000,000, to remain available
until expended: Provided, That the sum herein appropriated from the
general fund shall be reduced as offsetting collections under such
section 3024 are received during fiscal year 2020, which shall remain
available until expended and be used for necessary expenses in this
appropriation, so as to result in a final fiscal year 2020 appropriation
from the general fund estimated at not more than $0: Provided further,
That to the extent such offsetting collections received in fiscal year
2020 exceed $8,000,000, those excess amounts shall remain available
until expended and be used for necessary expenses in this appropriation.
Office of Inspector General
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$41,489,000, to remain available until September 30, 2021.
Buildings and Facilities
For construction, repair, improvement, extension, alteration, and
purchase of fixed equipment or facilities of, or for use by, the
Environmental Protection Agency, $33,598,000, to remain available until
expended.
Hazardous Substance Superfund
(including transfers of funds)
For necessary expenses to carry out the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (CERCLA), including
sections 111(c)(3), (c)(5), (c)(6), and (e)(4) (42 U.S.C. 9611), and
hire, maintenance, and operation of aircraft, $1,184,755,000, to remain
available until expended, consisting of such sums as are available in
the Trust Fund on September 30, 2019, as authorized by section 517(a) of
the Superfund Amendments and Reauthorization Act of 1986 (SARA) and up
to $1,184,755,000 as a payment from general revenues to the Hazardous
Substance Superfund for purposes as authorized by section 517(b) of
SARA: Provided, That funds appropriated under this heading may be
allocated to other Federal agencies in accordance with section 111(a) of
CERCLA: Provided further, That of the funds appropriated under this
heading, $11,586,000 shall be paid to the ``Office of Inspector
General'' appropriation to remain available until September 30, 2021,
and $30,747,000 shall be paid to the ``Science and Technology''
appropriation to remain available until September 30, 2021.
[[Page 133 STAT. 2717]]
Leaking Underground Storage Tank Trust Fund Program
For necessary expenses to carry out leaking underground storage tank
cleanup activities authorized by subtitle I of the Solid Waste Disposal
Act, $91,941,000, to remain available until expended, of which
$66,572,000 shall be for carrying out leaking underground storage tank
cleanup activities authorized by section 9003(h) of the Solid Waste
Disposal Act; $25,369,000 shall be for carrying out the other provisions
of the Solid Waste Disposal Act specified in section 9508(c) of the
Internal Revenue Code: Provided, That the Administrator is authorized
to use appropriations made available under this heading to implement
section 9013 of the Solid Waste Disposal Act to provide financial
assistance to federally recognized Indian tribes for the development and
implementation of programs to manage underground storage tanks.
Inland Oil Spill Programs
For expenses necessary to carry out the Environmental Protection
Agency's responsibilities under the Oil Pollution Act of 1990, including
hire, maintenance, and operation of aircraft, $19,581,000, to be derived
from the Oil Spill Liability trust fund, to remain available until
expended.
State and Tribal Assistance Grants
For environmental programs and infrastructure assistance, including
capitalization grants for State revolving funds and performance
partnership grants, $4,246,232,000, to remain available until expended,
of which--
(1) $1,638,826,000 shall be for making capitalization grants
for the Clean Water State Revolving Funds under title VI of the
Federal Water Pollution Control Act; and of which $1,126,088,000
shall be for making capitalization grants for the Drinking Water
State Revolving Funds under section 1452 of the Safe Drinking
Water Act: Provided, That for fiscal year 2020, to the extent
there are sufficient eligible project applications and projects
are consistent with State Intended Use Plans, not less than 10
percent of the funds made available under this title to each
State for Clean Water State Revolving Fund capitalization grants
shall be used by the State for projects to address green
infrastructure, water or energy efficiency improvements, or
other environmentally innovative activities: Provided further,
That for fiscal year 2020, funds made available under this title
to each State for Drinking Water State Revolving Fund
capitalization grants may, at the discretion of each State, be
used for projects to address green infrastructure, water or
energy efficiency improvements, or other environmentally
innovative activities: Provided further, That notwithstanding
section 603(d)(7) of the Federal Water Pollution Control Act,
the limitation on the amounts in a State water pollution control
revolving fund that may be used by a State to administer the
fund shall not apply to amounts included as principal in loans
made by such fund in fiscal year 2020 and prior years where such
amounts represent costs of administering the fund to the extent
that such amounts are or were deemed reasonable by the
Administrator, accounted for separately from other assets in the
fund, and used for eligible
[[Page 133 STAT. 2718]]
purposes of the fund, including administration: Provided
further, That for <<NOTE: Territories. District of
Columbia.>> fiscal year 2020, notwithstanding the provisions of
subsections (g)(1), (h), and (l) of section 201 of the Federal
Water Pollution Control Act, grants made under title II of such
Act for American Samoa, Guam, the commonwealth of the Northern
Marianas, the United States Virgin Islands, and the District of
Columbia may also be made for the purpose of providing
assistance: (1) solely for facility plans, design activities, or
plans, specifications, and estimates for any proposed project
for the construction of treatment works; and (2) for the
construction, repair, or replacement of privately owned
treatment works serving one or more principal residences or
small commercial establishments: Provided further, That for
fiscal year 2020, notwithstanding the provisions of such
subsections (g)(1), (h), and (l) of section 201 and section
518(c) of the Federal Water Pollution Control Act, funds
reserved by the Administrator for grants under section 518(c) of
the Federal Water Pollution Control Act may also be used to
provide assistance: (1) solely for facility plans, design
activities, or plans, specifications, and estimates for any
proposed project for the construction of treatment works; and
(2) for the construction, repair, or replacement of privately
owned treatment works serving one or more principal residences
or small commercial establishments: Provided further, That for
fiscal year 2020, notwithstanding any provision of the Federal
Water Pollution Control Act and regulations issued pursuant
thereof, up to a total of $2,000,000 of the funds reserved by
the Administrator for grants under section 518(c) of such Act
may also be used for grants for training, technical assistance,
and educational programs relating to the operation and
management of the treatment works specified in section 518(c) of
such Act: Provided further, That for fiscal year 2020, funds
reserved under section 518(c) of such Act shall be available for
grants only to Indian tribes, as defined in section 518(h) of
such Act and former Indian reservations in Oklahoma (as
determined by the Secretary of the Interior) and Native Villages
as defined in Public Law 92-203: Provided further, That for
fiscal year 2020, notwithstanding the limitation on amounts in
section 518(c) of the Federal Water Pollution Control Act, up to
a total of 2 percent of the funds appropriated, or $30,000,000,
whichever is greater, and notwithstanding the limitation on
amounts in section 1452(i) of the Safe Drinking Water Act, up to
a total of 2 percent of the funds appropriated, or $20,000,000,
whichever is greater, for State Revolving Funds under such Acts
may be reserved by the Administrator for grants under section
518(c) and section 1452(i) of <<NOTE: Territories.>> such Acts:
Provided further, That for fiscal year 2020, notwithstanding the
amounts specified in section 205(c) of the Federal Water
Pollution Control Act, up to 1.5 percent of the aggregate funds
appropriated for the Clean Water State Revolving Fund program
under the Act less any sums reserved under section 518(c) of the
Act, may be reserved by the Administrator for grants made under
title II of the Federal Water Pollution Control Act for American
Samoa, Guam, the Commonwealth of the Northern Marianas, and
United States Virgin Islands: Provided further, That for fiscal
year 2020, notwithstanding the limitations on amounts specified
in section 1452(j) of the Safe Drinking Water Act,
[[Page 133 STAT. 2719]]
up to 1.5 percent of the funds appropriated for the Drinking
Water State Revolving Fund programs under the Safe Drinking
Water Act may be reserved by the Administrator for grants made
under section 1452(j) of the Safe Drinking Water Act: Provided
further, That <<NOTE: Determination.>> 10 percent of the funds
made available under this title to each State for Clean Water
State Revolving Fund capitalization grants and 14 percent of the
funds made available under this title to each State for Drinking
Water State Revolving Fund capitalization grants shall be used
by the State to provide additional subsidy to eligible
recipients in the form of forgiveness of principal, negative
interest loans, or grants (or any combination of these), and
shall be so used by the State only where such funds are provided
as initial financing for an eligible recipient or to buy,
refinance, or restructure the debt obligations of eligible
recipients only where such debt was incurred on or after the
date of enactment of this Act, or where such debt was incurred
prior to the date of enactment of this Act if the State, with
concurrence from the Administrator, determines that such funds
could be used to help address a threat to public health from
heightened exposure to lead in drinking water or if a Federal or
State emergency declaration has been issued due to a threat to
public health from heightened exposure to lead in a municipal
drinking water supply before the date of enactment of this Act:
Provided further, That in a State in which such an emergency
declaration has been issued, the State may use more than 14
percent of the funds made available under this title to the
State for Drinking Water State Revolving Fund capitalization
grants to provide additional subsidy to eligible recipients;
(2) <<NOTE: Consultation.>> $25,000,000 shall be for
architectural, engineering, planning, design, construction and
related activities in connection with the construction of high
priority water and wastewater facilities in the area of the
United States-Mexico Border, after consultation with the
appropriate border commission: Provided, That no funds provided
by this appropriations Act to address the water, wastewater and
other critical infrastructure needs of the colonias in the
United States along the United States-Mexico border shall be
made available to a county or municipal government unless that
government has established an enforceable local ordinance, or
other zoning rule, which prevents in that jurisdiction the
development or construction of any additional colonia areas, or
the development within an existing colonia the construction of
any new home, business, or other structure which lacks water,
wastewater, or other necessary infrastructure;
(3) <<NOTE: Alaska.>> $29,186,000 shall be for grants to the
State of Alaska to address drinking water and wastewater
infrastructure needs of rural and Alaska Native Villages:
Provided, That of these funds: (A) the State of Alaska shall
provide a match of 25 percent; (B) no more than 5 percent of the
funds may be used for administrative and overhead expenses; and
(C) the State of Alaska shall make awards consistent with the
Statewide priority list established in conjunction with the
Agency and the U.S. Department of Agriculture for all water,
sewer, waste disposal, and similar projects carried out by the
State of Alaska that are funded under section 221 of the Federal
[[Page 133 STAT. 2720]]
Water Pollution Control Act (33 U.S.C. 1301) or the Consolidated
Farm and Rural Development Act (7 U.S.C. 1921 et seq.) which
shall allocate not less than 25 percent of the funds provided
for projects in regional hub communities;
(4) $89,000,000 shall be to carry out section 104(k) of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (CERCLA), including grants, interagency
agreements, and associated program support costs: Provided,
That at least 10 percent shall be allocated for assistance in
persistent poverty counties: Provided
further, <<NOTE: Definition.>> That for purposes of this
section, the term ``persistent poverty counties'' means any
county that has had 20 percent or more of its population living
in poverty over the past 30 years, as measured by the 1990 and
2000 decennial censuses and the most recent Small Area Income
and Poverty Estimates, or any territory or possession of the
United States;
(5) $87,000,000 shall be for grants under title VII,
subtitle G of the Energy Policy Act of 2005;
(6) $56,306,000 shall be for targeted airshed grants in
accordance with the terms and conditions in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act);
(7) $4,000,000 shall be to carry out the water quality
program authorized in section 5004(d) of the Water
Infrastructure Improvements for the Nation Act (Public Law 114-
322);
(8) $25,408,000 shall be for grants under subsections (a)
through (j) of section 1459A of the Safe Drinking Water Act (42
U.S.C. 300j-19a);
(9) $26,000,000 shall be for grants under section 1464(d) of
the Safe Drinking Water Act (42 U.S.C. 300j-24(d));
(10) $19,511,000 shall be for grants under section 1459B of
the Safe Drinking Water Act (42 U.S.C. 300j-19b);
(11) $3,000,000 shall be for grants under section 1459A(l)
of the Safe Drinking Water Act (42 U.S.C. 300j-19a(l));
(12) $12,000,000 shall be for grants under section 104(b)(8)
of the Federal Water Pollution Control Act (33 U.S.C.
1254(b)(8));
(13) $28,000,000 shall be for grants under section 221 of
the Federal Water Pollution Control Act (33 U.S.C. 1301);
(14) $1,000,000 shall be for grants under section 4304(b) of
the America's Water Infrastructure Act of 2018 (Public Law 115-
270); and
(15) $1,075,907,000 shall be for grants, including
associated program support costs, to States, federally
recognized tribes, interstate agencies, tribal consortia, and
air pollution control agencies for multi-media or single media
pollution prevention, control and abatement and related
activities, including activities pursuant to the provisions set
forth under this heading in Public Law 104-134, and for making
grants under section 103 of the Clean Air Act for particulate
matter monitoring and data collection activities subject to
terms and conditions specified by the Administrator, of which:
$46,190,000 shall be for carrying out section 128 of CERCLA;
$9,332,000 shall be for Environmental Information Exchange
Network grants, including associated program support costs;
$1,449,000 shall be for grants to States under section
2007(f)(2) of the Solid
[[Page 133 STAT. 2721]]
Waste Disposal Act, which shall be in addition to funds
appropriated under the heading ``Leaking Underground Storage
Tank Trust Fund Program'' to carry out the provisions of the
Solid Waste Disposal Act specified in section 9508(c) of the
Internal Revenue Code other than section 9003(h) of the Solid
Waste Disposal Act; $17,848,000 of the funds available for
grants under section 106 of the Federal Water Pollution Control
Act shall be for State participation in national- and State-
level statistical surveys of water resources and enhancements to
State monitoring programs; $13,000,000 shall be for multipurpose
grants, including interagency agreements.
Water Infrastructure Finance and Innovation Program Account
For the cost of direct loans and for the cost of guaranteed loans,
as authorized by the Water Infrastructure Finance and Innovation Act of
2014, $55,000,000, to remain available until expended: Provided, That
such costs, including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974:
Provided further, That these funds are available to subsidize gross
obligations for the principal amount of direct loans, including
capitalized interest, and total loan principal, including capitalized
interest, any part of which is to be guaranteed, not to exceed
$11,500,000,000: Provided further, That of the funds made available
under this heading, $5,000,000 shall be used solely for the cost of
direct loans and for the cost of guaranteed loans for projects described
in section 5026(9) of the Water Infrastructure Finance and Innovation
Act of 2014 to State infrastructure financing authorities, as authorized
by section 5033(e) of such Act: Provided further, That the
Administrator, <<NOTE: Criteria. Deadline. Federal Register,
publication.>> together with the Director of the Office of Management
and Budget and the Secretary of the Treasury, shall jointly develop
criteria for project eligibility for direct loans and loan guarantees
authorized by the Water Infrastructure Finance and Innovation Act of
2014 that limit Federal participation in a project consistent with the
requirements for the budgetary treatment provided for in section 504 of
the Federal Credit Reform Act of 1990 and based on the recommendations
contained in the 1967 Report of the President's Commission on Budget
Concepts; and the Administrator, the Director, and the Secretary, shall,
not later than 120 days after the date of enactment of this Act, publish
such criteria in the Federal Register: Provided further, That,
in <<NOTE: Consultation.>> developing the criteria to be used, the
Administrator, the Director, and the Secretary, shall consult with the
Director of the Congressional Budget Office: Provided further, That the
requirements of section 553 of title 5, United States Code, shall not
apply to the development and publication of such criteria: Provided
further, That the use of direct loans or loan guarantee authority under
this heading for direct loans or commitments to guarantee loans for any
project shall be in accordance with the criteria published pursuant to
this Act: Provided <<NOTE: Certification. Federal Register,
publication.>> further, That the Administrator, the Director, and the
Secretary, shall also certify, and publish such certification in the
Federal Register, that the criteria is compliant with this paragraph, at
the same time the Administrator, the Director, and the Secretary,
publish the criteria in the Federal Register: Provided
further, <<NOTE: Certification.>> That the Administrator may not issue
a Notice of Funding Availability for applications
[[Page 133 STAT. 2722]]
for credit assistance under the Water Infrastructure Finance and
Innovation Act Program in fiscal year 2020 until the criteria have been
developed and published pursuant to the fourth proviso and certified
pursuant to the previous proviso:
Provided <<NOTE: Certification.>> further, That none of the direct loans
or loan guarantee authority made available under this heading shall be
available for any project unless the Administrator and the Director of
the Office of Management and Budget have certified in advance in writing
that the direct loan or loan guarantee, as applicable, and the project
comply with the criteria developed and published pursuant to this Act:
Provided further, That the criteria developed and published pursuant to
this Act shall not apply to the use of direct loans or loan guarantee
authority provided by prior appropriations Acts: Provided further, That
not later <<NOTE: Reports.>> than 15 days after the date upon which
criteria have been published pursuant to the fourth proviso, the
Administrator shall report to the Committees on Appropriations of the
House of Representatives and Senate, the Committees on Energy and
Commerce and Transportation and Infrastructure of the House of
Representatives, and the Committee on Environment and Public Works of
the Senate on any statutory improvements to the Water Infrastructure
Finance and Innovation Act of 2014 or to the Water Infrastructure
Finance and Innovation Act Program Account's appropriations language
that would further align such Act and such language with the budgetary
treatment and recommendations referred to in the fourth proviso:
Provided further, That, for the purposes of carrying out the
Congressional Budget Act of 1974, the Director of the Congressional
Budget Office may request, and the Administrator shall promptly provide,
documentation and information relating to a project identified in a
Letter of Interest submitted to the Administrator pursuant to a Notice
of Funding Availability for applications for credit assistance under the
Water Infrastructure Finance and Innovation Act Program, including with
respect to a project that was initiated or completed before the date of
enactment of this Act.
In addition, fees authorized to be collected pursuant to sections
5029 and 5030 of the Water Infrastructure Finance and Innovation Act of
2014 shall be deposited in this account, to remain available until
expended.
In addition, for administrative expenses to carry out the direct and
guaranteed loan programs, notwithstanding section 5033 of the Water
Infrastructure Finance and Innovation Act of 2014, $5,000,000, to remain
available until September 30, 2021.
Administrative Provisions--Environmental Protection Agency
(including transfers of funds)
For fiscal year 2020, notwithstanding 31 U.S.C. 6303(1) and 6305(1),
the Administrator of the Environmental Protection Agency, in carrying
out the Agency's function to implement directly Federal environmental
programs required or authorized by law in the absence of an acceptable
tribal program, may award cooperative agreements to federally recognized
Indian tribes or Intertribal consortia, if authorized by their member
tribes, to assist the Administrator in implementing Federal
environmental programs for Indian tribes required or authorized by law,
except that no such cooperative
[[Page 133 STAT. 2723]]
agreements may be awarded from funds designated for State financial
assistance agreements.
The <<NOTE: Fees.>> Administrator of the Environmental Protection
Agency is authorized to collect and obligate pesticide registration
service fees in accordance with section 33 of the Federal Insecticide,
Fungicide, and Rodenticide Act, as amended by Public Law 116-8, the
Pesticide Registration Improvement Extension Act of 2018.
<<NOTE: Fees.>> Notwithstanding section 33(d)(2) of the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA) (7 U.S.C. 136w-
8(d)(2)), the Administrator of the Environmental Protection Agency may
assess fees under section 33 of FIFRA (7 U.S.C. 136w-8) for fiscal year
2020.
The Administrator is authorized to transfer up to $320,000,000 of
the funds appropriated for the Great Lakes Restoration Initiative under
the heading ``Environmental Programs and Management'' to the head of any
Federal department or agency, with the concurrence of such head, to
carry out activities that would support the Great Lakes Restoration
Initiative and Great Lakes Water Quality Agreement programs, projects,
or activities; to enter into an interagency agreement with the head of
such Federal department or agency to carry out these activities; and to
make grants to governmental entities, nonprofit organizations,
institutions, and individuals for planning, research, monitoring,
outreach, and implementation in furtherance of the Great Lakes
Restoration Initiative and the Great Lakes Water Quality Agreement.
The Science and Technology, Environmental Programs and Management,
Office of Inspector General, Hazardous Substance Superfund, and Leaking
Underground Storage Tank Trust Fund Program Accounts, are available for
the construction, alteration, repair, rehabilitation, and renovation of
facilities, provided that the cost does not exceed $150,000 per project.
<<NOTE: Grants.>> For fiscal year 2020, and notwithstanding section
518(f) of the Federal Water Pollution Control Act (33 U.S.C. 1377(f)),
the Administrator is authorized to use the amounts appropriated for any
fiscal year under section 319 of the Act to make grants to Indian tribes
pursuant to sections 319(h) and 518(e) of that Act.
<<NOTE: Grants.>> The Administrator is authorized to use the
amounts appropriated under the heading ``Environmental Programs and
Management'' for fiscal year 2020 to provide grants to implement the
Southeastern New England Watershed Restoration Program.
Notwithstanding the limitations on amounts in section 320(i)(2)(B)
of the Federal Water Pollution Control Act, not less than $1,350,000 of
the funds made available under this title for the National Estuary
Program shall be for making competitive awards described in section
320(g)(4).
The fourth paragraph under heading ``Administrative Provisions'' in
title II of Public Law 109-54 <<NOTE: 119 Stat. 531; 128 Stat. 2427.>>
is amended by striking ``2020'' and inserting ``2025''.
[[Page 133 STAT. 2724]]
TITLE III
RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
office of the under secretary for natural resources and environment
For necessary expenses of the Office of the Under Secretary for
Natural Resources and Environment, $875,000: Provided, That funds made
available by this Act to any agency in the Natural Resources and
Environment mission area for salaries and expenses are available to fund
up to one administrative support staff for the office.
Forest Service
forest and rangeland research
For necessary expenses of forest and rangeland research as
authorized by law, $305,000,000, to remain available through September
30, 2023: Provided, That of the funds provided, $77,000,000 is for the
forest inventory and analysis program: Provided further, That all
authorities for the use of funds, including the use of contracts,
grants, and cooperative agreements, available to execute the Forest and
Rangeland Research appropriation, are also available in the utilization
of these funds for Fire Science Research.
state and private forestry
For necessary expenses of cooperating with and providing technical
and financial assistance to States, territories, possessions, and
others, and for forest health management, and conducting an
international program as authorized, $346,990,000, to remain available
through September 30, 2023, as authorized by law; of which $63,990,000
is to be derived from the Land and Water Conservation Fund to be used
for the Forest Legacy Program, to remain available until expended.
national forest system
For necessary expenses of the Forest Service, not otherwise provided
for, for management, protection, improvement, and utilization of the
National Forest System, and for hazardous fuels management on or
adjacent to such lands, $1,957,510,000, to remain available through
September 30, 2023: Provided, That of the funds provided, $40,000,000
shall be deposited in the Collaborative Forest Landscape Restoration
Fund for ecological restoration treatments as authorized by 16 U.S.C.
7303(f): Provided further, That of the funds provided, $373,000,000
shall be for forest products: Provided further, That of the funds
provided, $445,310,000 shall be for hazardous fuels management
activities, of which not to exceed $15,000,000 may be used to make
grants, using any authorities available to the Forest Service under the
``State and Private Forestry'' appropriation, for the purpose of
creating incentives for increased use of biomass from National Forest
System lands: Provided further, That $20,000,000 may be used by the
Secretary
[[Page 133 STAT. 2725]]
of Agriculture to enter into procurement contracts or cooperative
agreements or to issue grants for hazardous fuels management activities,
and for training or monitoring associated with such hazardous fuels
management activities on Federal land, or on non-Federal land if the
Secretary determines such activities benefit resources on Federal land:
Provided further, That funds made available to implement the Community
Forestry Restoration Act, Public Law 106-393, title VI, shall be
available for use on non-Federal lands in accordance with authorities
made available to the Forest Service under the ``State and Private
Forestry'' appropriations: Provided further, <<NOTE: 43 USC 1751
note.>> That notwithstanding section 33 of the Bankhead Jones Farm
Tenant Act (7 U.S.C. 1012), the Secretary of Agriculture, in calculating
a fee for grazing on a National Grassland, may provide a credit of up to
50 percent of the calculated fee to a Grazing Association or direct
permittee for a conservation practice approved by the Secretary in
advance of the fiscal year in which the cost of the conservation
practice is incurred. And, that the amount credited shall remain
available to the Grazing Association or the direct permittee, as
appropriate, in the fiscal year in which the credit is made and each
fiscal year thereafter for use on the project for conservation practices
approved by the Secretary.
capital improvement and maintenance
(including transfer of funds)
For necessary expenses of the Forest Service, not otherwise provided
for, $455,000,000, to remain available through September 30, 2023, for
construction, capital improvement, maintenance and acquisition of
buildings and other facilities and infrastructure; and for construction,
reconstruction, decommissioning of roads that are no longer needed,
including unauthorized roads that are not part of the transportation
system, and maintenance of forest roads and trails by the Forest Service
as authorized by 16 U.S.C. 532-538 and 23 U.S.C. 101 and 205: Provided,
That funds becoming available in fiscal year 2020 under the Act of March
4, 1913 (16 U.S.C. 501) shall be transferred to the General Fund of the
Treasury and shall not be available for transfer or obligation for any
other purpose unless the funds are appropriated.
land acquisition
(including rescission of funds)
For expenses necessary to carry out the provisions of chapter 2003
of title 54, United States Code, including administrative expenses, and
for acquisition of land or waters, or interest therein, in accordance
with statutory authority applicable to the Forest Service, $78,898,000,
to be derived from the Land and Water Conservation Fund and to remain
available until expended.
Of the unobligated balances from amounts made available for Forest
Service and derived from the Land and Water Conservation Fund,
$2,000,000 is hereby permanently rescinded from projects with cost
savings or failed projects or partially failed that had funds returned:
Provided, That no amounts may be rescinded from amounts that were
designated by the Congress as an emergency requirement pursuant to the
Concurrent Resolution on the Budget
[[Page 133 STAT. 2726]]
or the Balanced Budget and Emergency Deficit Control Act of 1985.
acquisition of lands for national forests special acts
For acquisition of lands within the exterior boundaries of the
Cache, Uinta, and Wasatch National Forests, Utah; the Toiyabe National
Forest, Nevada; and the Angeles, San Bernardino, Sequoia, and Cleveland
National Forests, California; and the Ozark-St. Francis and Ouachita
National Forests, Arkansas; as authorized by law, $700,000, to be
derived from forest receipts.
acquisition of lands to complete land exchanges
For acquisition of lands, such sums, to be derived from funds
deposited by State, county, or municipal governments, public school
districts, or other public school authorities, and for authorized
expenditures from funds deposited by non-Federal parties pursuant to
Land Sale and Exchange Acts, pursuant to the Act of December 4, 1967 (16
U.S.C. 484a), to remain available through September 30, 2023, (16 U.S.C.
516-617a, 555a; Public Law 96-586; Public Law 76-589, 76-591; and Public
Law 78-310).
range betterment fund
For necessary expenses of range rehabilitation, protection, and
improvement, 50 percent of all moneys received during the prior fiscal
year, as fees for grazing domestic livestock on lands in National
Forests in the 16 Western States, pursuant to section 401(b)(1) of
Public Law 94-579, to remain available through September 30, 2023, of
which not to exceed 6 percent shall be available for administrative
expenses associated with on-the-ground range rehabilitation, protection,
and improvements.
gifts, donations and bequests for forest and rangeland research
For expenses authorized by 16 U.S.C. 1643(b), $45,000, to remain
available through September 30, 2023, to be derived from the fund
established pursuant to the above Act.
management of national forest lands for subsistence uses
For necessary expenses of the Forest Service to manage Federal lands
in Alaska for subsistence uses under title VIII of the Alaska National
Interest Lands Conservation Act (16 U.S.C. 3111 et seq.), $2,500,000, to
remain available through September 30, 2023.
wildland fire management
(including transfers of funds)
For necessary expenses for forest fire presuppression activities on
National Forest System lands, for emergency wildland fire suppression on
or adjacent to such lands or other lands under fire protection
agreement, and for emergency rehabilitation of burned-over National
Forest System lands and water, $2,350,620,000, to remain available until
expended: Provided, That such funds including unobligated balances
under this heading, are
[[Page 133 STAT. 2727]]
available for repayment of advances from other appropriations accounts
previously transferred for such purposes: Provided further, That any
unobligated funds appropriated in a previous fiscal year for hazardous
fuels management may be transferred to the ``National Forest System''
account: Provided further, <<NOTE: Reimbursement.>> That such funds
shall be available to reimburse State and other cooperating entities for
services provided in response to wildfire and other emergencies or
disasters to the extent such reimbursements by the Forest Service for
non-fire emergencies are fully repaid by the responsible emergency
management agency: Provided further, That funds provided shall be
available for support to Federal emergency response: Provided
further, <<NOTE: Cost sharing.>> That the costs of implementing any
cooperative agreement between the Federal Government and any non-Federal
entity may be shared, as mutually agreed on by the affected parties:
Provided further, That of the funds provided under this heading,
$1,011,000,000 shall be available for wildfire suppression operations,
and is provided to the meet the terms of section 251(b)(2)(F)(ii)(I) of
the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended.
wildfire suppression operations reserve fund
(including transfers of funds)
In addition to the amounts provided under the heading ``Department
of Agriculture--Forest Service--Wildland Fire Management'' for wildfire
suppression operations, $1,950,000,000, to remain available until
transferred, is additional new budget authority as specified for
purposes of section 251(b)(2)(F) of the Balanced Budget and Emergency
Deficit Control Act of 1985: Provided, That such amounts may be
transferred to and merged with amounts made available under the headings
``Department of the Interior--Department-Wide Programs--Wildland Fire
Management'' and ``Department of Agriculture--Forest Service--Wildland
Fire Management'' for wildfire suppression operations in the fiscal year
in which such amounts are transferred: Provided
further, <<NOTE: Notification. Deadline.>> That amounts may be
transferred to the ``Wildland Fire Management'' accounts in the
Department of the Interior or the Department of Agriculture only upon
the notification of the House and Senate Committees on Appropriations
that all wildfire suppression operations funds appropriated under that
heading in this and prior appropriations Acts to the agency to which the
funds will be transferred will be obligated within 30 days: Provided
further, That the transfer authority provided under this heading is in
addition to any other transfer authority provided by law.
communications site administration
Amounts collected in this fiscal year pursuant to section 8705(f)(2)
of the Agriculture Improvement Act of 2018 (Public Law 115-334), as
amended by this Act, shall be deposited in the special account
established by section 8705(f)(1) of such Act, shall be available to
cover the costs described in subsection (c)(3) of such section of such
Act, and shall remain available until expended: Provided, That such
amounts shall be transferred to the ``National Forest System'' account.
[[Page 133 STAT. 2728]]
administrative provisions--forest service
(including transfers of funds)
Appropriations to the Forest Service for the current fiscal year
shall be available for: (1) purchase of passenger motor vehicles;
acquisition of passenger motor vehicles from excess sources, and hire of
such vehicles; purchase, lease, operation, maintenance, and acquisition
of aircraft to maintain the operable fleet for use in Forest Service
wildland fire programs and other Forest Service programs;
notwithstanding other provisions of law, existing aircraft being
replaced may be sold, with proceeds derived or trade-in value used to
offset the purchase price for the replacement aircraft; (2) services
pursuant to 7 U.S.C. 2225, and not to exceed $100,000 for employment
under 5 U.S.C. 3109; (3) purchase, erection, and alteration of buildings
and other public improvements (7 U.S.C. 2250); (4) acquisition of land,
waters, and interests therein pursuant to 7 U.S.C. 428a; (5) for
expenses pursuant to the Volunteers in the National Forest Act of 1972
(16 U.S.C. 558a, 558d, and 558a note); (6) the cost of uniforms as
authorized by 5 U.S.C. 5901-5902; and (7) for debt collection contracts
in accordance with 31 U.S.C. 3718(c).
Any <<NOTE: Notification. Time period.>> appropriations or funds
available to the Forest Service may be transferred to the Wildland Fire
Management appropriation for forest firefighting, emergency
rehabilitation of burned-over or damaged lands or waters under its
jurisdiction, and fire preparedness due to severe burning conditions
upon the Secretary's notification of the House and Senate Committees on
Appropriations that all fire suppression funds appropriated under the
heading ``Wildland Fire Management'' will be obligated within 30 days:
Provided, That all funds used pursuant to this paragraph must be
replenished by a supplemental appropriation which must be requested as
promptly as possible.
Not more than $50,000,000 of funds appropriated to the Forest
Service shall be available for expenditure or transfer to the Department
of the Interior for wildland fire management, hazardous fuels
management, and State fire assistance when such transfers would
facilitate and expedite wildland fire management programs and projects.
Notwithstanding any other provision of this Act, the Forest Service
may transfer unobligated balances of discretionary funds appropriated to
the Forest Service by this Act to or within the National Forest System
Account, or reprogram funds to be used for the purposes of hazardous
fuels management and urgent rehabilitation of burned-over National
Forest System lands and water, such transferred funds shall remain
available through September 30, 2023: Provided,
That <<NOTE: Notification.>> none of the funds transferred pursuant to
this section shall be available for obligation without written
notification to and the prior approval of the Committees on
Appropriations of both Houses of Congress: Provided further, That this
section does not apply to funds derived from the Land and Water
Conservation Fund.
Funds appropriated to the Forest Service shall be available for
assistance to or through the Agency for International Development in
connection with forest and rangeland research, technical information,
and assistance in foreign countries, and shall be available to support
forestry and related natural resource activities
[[Page 133 STAT. 2729]]
outside the United States and its territories and possessions, including
technical assistance, education and training, and cooperation with U.S.,
private, and international organizations. The Forest Service, acting for
the International Program, may sign direct funding agreements with
foreign governments and institutions as well as other domestic agencies
(including the U.S. Agency for International Development, the Department
of State, and the Millennium Challenge Corporation), U.S. private sector
firms, institutions and organizations to provide technical assistance
and training programs overseas on forestry and rangeland management.
<<NOTE: Wild horses and burros.>> Funds appropriated to the Forest
Service shall be available for expenditure or transfer to the Department
of the Interior, Bureau of Land Management, for removal, preparation,
and adoption of excess wild horses and burros from National Forest
System lands, and for the performance of cadastral surveys to designate
the boundaries of such lands.
<<NOTE: 16 USC 556i.>> None of the funds made available to the
Forest Service in this Act or any other Act with respect to any fiscal
year shall be subject to transfer under the provisions of section 702(b)
of the Department of Agriculture Organic Act of 1944 (7 U.S.C. 2257),
section 442 of Public Law 106-224 (7 U.S.C. 7772), or section 10417(b)
of Public Law 107-171 (7 U.S.C. 8316(b)).
Not more than $82,000,000 of funds available to the Forest Service
shall be transferred to the Working Capital Fund of the Department of
Agriculture and not more than $14,500,000 of funds available to the
Forest Service shall be transferred to the Department of Agriculture for
Department Reimbursable Programs, commonly referred to as Greenbook
charges. Nothing in this paragraph shall prohibit or limit the use of
reimbursable agreements requested by the Forest Service in order to
obtain information technology services, including telecommunications and
system modifications or enhancements, from the Working Capital Fund of
the Department of Agriculture.
Of the funds available to the Forest Service, up to $5,000,000 shall
be available for priority projects within the scope of the approved
budget, which shall be carried out by the Youth Conservation Corps and
shall be carried out under the authority of the Public Lands Corps Act
of 1993 (16 U.S.C. 1721 et seq.).
Of the funds available to the Forest Service, $4,000 is available to
the Chief of the Forest Service for official reception and
representation expenses.
Pursuant to sections 405(b) and 410(b) of Public Law 101-593, of the
funds available to the Forest Service, up to $3,000,000 may be advanced
in a lump sum to the National Forest Foundation to aid conservation
partnership projects in support of the Forest Service mission, without
regard to when the Foundation incurs expenses, for projects on or
benefitting National Forest System lands or related to Forest Service
programs: Provided, That of the Federal funds made available to the
Foundation, no more than $300,000 shall be available for administrative
expenses: Provided further, That the Foundation shall obtain, by the
end of the period of Federal financial assistance, private contributions
to match funds made available by the Forest Service on at least a one-
for-one basis: Provided further, That the Foundation may transfer
Federal funds to a Federal or a non-Federal recipient for a project at
the same rate that the recipient has obtained the non-Federal matching
funds.
[[Page 133 STAT. 2730]]
Pursuant to section 2(b)(2) of Public Law 98-244, up to $3,000,000
of the funds available to the Forest Service may be advanced to the
National Fish and Wildlife Foundation in a lump sum to aid cost-share
conservation projects, without regard to when expenses are incurred, on
or benefitting National Forest System lands or related to Forest Service
programs: Provided, That such funds shall be matched on at least a one-
for-one basis by the Foundation or its sub-recipients: Provided
further, That the Foundation may transfer Federal funds to a Federal or
non-Federal recipient for a project at the same rate that the recipient
has obtained the non-Federal matching funds.
Funds appropriated to the Forest Service shall be available for
interactions with and providing technical assistance to rural
communities and natural resource-based businesses for sustainable rural
development purposes.
Funds appropriated to the Forest Service shall be available for
payments to counties within the Columbia River Gorge National Scenic
Area, pursuant to section 14(c)(1) and (2), and section 16(a)(2) of
Public Law 99-663.
Any funds appropriated to the Forest Service may be used to meet the
non-Federal share requirement in section 502(c) of the Older Americans
Act of 1965 (42 U.S.C. 3056(c)(2)).
The Forest Service shall not assess funds for the purpose of
performing fire, administrative, and other facilities maintenance and
decommissioning.
Notwithstanding any other provision of law, of any appropriations or
funds available to the Forest Service, not to exceed $500,000 may be
used to reimburse the Office of the General Counsel (OGC), Department of
Agriculture, for travel and related expenses incurred as a result of OGC
assistance or participation requested by the Forest Service at meetings,
training sessions, management reviews, land purchase negotiations and
similar matters unrelated to civil litigation. Future budget
justifications for both the Forest Service and the Department of
Agriculture should clearly display the sums previously transferred and
the sums requested for transfer.
An eligible individual who is employed in any project funded under
title V of the Older Americans Act of 1965 (42 U.S.C. 3056 et seq.) and
administered by the Forest Service shall be considered to be a Federal
employee for purposes of chapter 171 of title 28, United States Code.
<<NOTE: Reports.>> Notwithstanding any other provision of this Act,
through the Office of Budget and Program Analysis, the Forest Service
shall report no later than 30 business days following the close of each
fiscal quarter all current and prior year unobligated balances, by
fiscal year, budget line item and account, to the House and Senate
Committees on Appropriations.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Indian Health Service
indian health services
For expenses necessary to carry out the Act of August 5, 1954 (68
Stat. 674), the Indian Self-Determination and Education Assistance Act,
the Indian Health Care Improvement Act, and titles II and III of the
Public Health Service Act with respect to the
[[Page 133 STAT. 2731]]
Indian Health Service, $4,315,205,000 to remain available until
September 30, 2021, except as otherwise provided herein, together with
payments received during the fiscal year pursuant to sections 231(b) and
233 of the Public Health Service Act (42 U.S.C. 238(b) and 238b), for
services furnished by the Indian Health Service: Provided, That funds
made available to tribes and tribal organizations through contracts,
grant agreements, or any other agreements or compacts authorized by the
Indian Self-Determination and Education Assistance Act of 1975 (25
U.S.C. 450), shall be deemed to be obligated at the time of the grant or
contract award and thereafter shall remain available to the tribe or
tribal organization without fiscal year limitation: Provided further,
That $2,000,000 shall be available for grants or contracts with public
or private institutions to provide alcohol or drug treatment services to
Indians, including alcohol detoxification services: Provided further,
That $964,819,000 for Purchased/Referred Care, including $53,000,000 for
the Indian Catastrophic Health Emergency Fund, shall remain available
until expended: Provided further, That of the funds provided, up to
$40,000,000 shall remain available until expended for implementation of
the loan repayment program under section 108 of the Indian Health Care
Improvement Act: Provided further, That of the funds provided,
$125,000,000 shall remain available until expended to supplement funds
available for operational costs at tribal clinics operated under an
Indian Self-Determination and Education Assistance Act compact or
contract where health care is delivered in space acquired through a full
service lease, which is not eligible for maintenance and improvement and
equipment funds from the Indian Health Service, and $58,000,000 shall be
for costs related to or resulting from accreditation emergencies,
including supplementing activities funded under the heading ``Indian
Health Facilities,'' of which up to $4,000,000 may be used to supplement
amounts otherwise available for Purchased/Referred Care: Provided
further, That the amounts collected by the Federal Government as
authorized by sections 104 and 108 of the Indian Health Care Improvement
Act (25 U.S.C. 1613a and 1616a) during the preceding fiscal year for
breach of contracts shall be deposited in the Fund authorized by section
108A of that Act (25 U.S.C. 1616a-1) and shall remain available until
expended and, notwithstanding section 108A(c) of that Act (25 U.S.C.
1616a-1(c)), funds shall be available to make new awards under the loan
repayment and scholarship programs under sections 104 and 108 of that
Act (25 U.S.C. 1613a and 1616a): Provided
further, <<NOTE: Allocations.>> That the amounts made available within
this account for the Substance Abuse and Suicide Prevention Program, for
Opioid Prevention, Treatment and Recovery Services, for the Domestic
Violence Prevention Program, for the Zero Suicide Initiative, for the
housing subsidy authority for civilian employees, for Aftercare Pilot
Programs at Youth Regional Treatment Centers, for transformation and
modernization costs of the Indian Health Service Electronic Health
Record system, for national quality and oversight activities, to improve
collections from public and private insurance at Indian Health Service
and tribally operated facilities, and for accreditation emergencies
shall be allocated at the discretion of the Director of the Indian
Health Service and shall remain available until expended: Provided
further, That funds <<NOTE: Time period. Records.>> provided in this
Act may be used for annual contracts and grants that fall within 2
fiscal years, provided the total obligation is recorded in the year the
funds are appropriated: Provided
[[Page 133 STAT. 2732]]
further, That the amounts collected by the Secretary of Health and Human
Services under the authority of title IV of the Indian Health Care
Improvement Act (25 U.S.C. 1613) shall remain available until expended
for the purpose of achieving compliance with the applicable conditions
and requirements of titles XVIII and XIX of the Social Security Act,
except for those related to the planning, design, or construction of new
facilities: Provided further, That funding contained herein for
scholarship programs under the Indian Health Care Improvement Act (25
U.S.C. 1613) shall remain available until expended: Provided further,
That <<NOTE: Reports.>> amounts received by tribes and tribal
organizations under title IV of the Indian Health Care Improvement Act
shall be reported and accounted for and available to the receiving
tribes and tribal organizations until expended: Provided further, That
the Bureau of Indian Affairs may collect from the Indian Health Service,
and from tribes and tribal organizations operating health facilities
pursuant to Public Law 93-638, such individually identifiable health
information relating to disabled children as may be necessary for the
purpose of carrying out its functions under the Individuals with
Disabilities Education Act (20 U.S.C. 1400 et seq.): Provided further,
That of the funds provided, $72,280,000 is for the Indian Health Care
Improvement Fund and may be used, as needed, to carry out activities
typically funded under the Indian Health Facilities account: Provided
further, <<NOTE: Consultation. Time period.>> That none of the funds
appropriated by this Act to the Indian Health Service for the Electronic
Health Record system shall be available for obligation or expenditure
for the selection or implementation of a new Information Technology
infrastructure system, unless the Committees on Appropriations of the
House of Representatives and the Senate are consulted 90 days in advance
of such obligation.
contract support costs
For payments to tribes and tribal organizations for contract support
costs associated with Indian Self-Determination and Education Assistance
Act agreements with the Indian Health Service for fiscal year 2020, such
sums as may be necessary: Provided, That notwithstanding any other
provision of law, no amounts made available under this heading shall be
available for transfer to another budget account.
indian health facilities
For construction, repair, maintenance, improvement, and equipment of
health and related auxiliary facilities, including quarters for
personnel; preparation of plans, specifications, and drawings;
acquisition of sites, purchase and erection of modular buildings, and
purchases of trailers; and for provision of domestic and community
sanitation facilities for Indians, as authorized by section 7 of the Act
of August 5, 1954 (42 U.S.C. 2004a), the Indian Self-Determination Act,
and the Indian Health Care Improvement Act, and for expenses necessary
to carry out such Acts and titles II and III of the Public Health
Service Act with respect to environmental health and facilities support
activities of the Indian Health Service, $911,889,000 to remain
available until expended: Provided, That notwithstanding any other
provision of law, funds appropriated for the planning, design,
construction, renovation or expansion of health facilities for the
benefit of an Indian tribe or tribes
[[Page 133 STAT. 2733]]
may be used to purchase land on which such facilities will be located:
Provided further, That not to exceed $500,000 may be used by the Indian
Health Service to purchase TRANSAM equipment from the Department of
Defense for distribution to the Indian Health Service and tribal
facilities: Provided further, That none of the funds appropriated to
the Indian Health Service may be used for sanitation facilities
construction for new homes funded with grants by the housing programs of
the United States Department of Housing and Urban Development: Provided
further, That not to exceed $2,700,000 from this account and the
``Indian Health Services'' account may be used by the Indian Health
Service to obtain ambulances for the Indian Health Service and tribal
facilities in conjunction with an existing interagency agreement between
the Indian Health Service and the General Services Administration:
Provided further, That not to exceed $500,000 may be placed in a
Demolition Fund, to remain available until expended, and be used by the
Indian Health Service for the demolition of Federal buildings.
administrative provisions--indian health service
Appropriations provided in this Act to the Indian Health Service
shall be available for services as authorized by 5 U.S.C. 3109 at rates
not to exceed the per diem rate equivalent to the maximum rate payable
for senior-level positions under 5 U.S.C. 5376; hire of passenger motor
vehicles and aircraft; purchase of medical equipment; purchase of
reprints; purchase, renovation and erection of modular buildings and
renovation of existing facilities; payments for telephone service in
private residences in the field, when authorized under regulations
approved by the Secretary of Health and Human Services; uniforms or
allowances therefor as authorized by 5 U.S.C. 5901-5902; and for
expenses of attendance at meetings that relate to the functions or
activities of the Indian Health Service: Provided, That in accordance
with the provisions of the Indian Health Care Improvement Act, non-
Indian patients may be extended health care at all tribally administered
or Indian Health Service facilities, subject to charges, and the
proceeds along with funds recovered under the Federal Medical Care
Recovery Act (42 U.S.C. 2651-2653) shall be credited to the account of
the facility providing the service and shall be available without fiscal
year limitation: Provided further, That notwithstanding any other law
or regulation, funds transferred from the Department of Housing and
Urban Development to the Indian Health Service shall be administered
under Public Law 86-121, the Indian Sanitation Facilities Act and Public
Law 93-638: Provided further, That funds appropriated to the Indian
Health Service in this Act, except those used for administrative and
program direction purposes, shall not be subject to limitations directed
at curtailing Federal travel and transportation: Provided
further, <<NOTE: Assessments.>> That none of the funds made available to
the Indian Health Service in this Act shall be used for any assessments
or charges by the Department of Health and Human Services unless
identified in the budget justification and provided in this Act, or
approved by the House and Senate Committees on Appropriations through
the reprogramming process: Provided further, That notwithstanding any
other provision of law, funds previously or herein made available to a
tribe or tribal organization through a contract, grant, or agreement
authorized
[[Page 133 STAT. 2734]]
by title I or title V of the Indian Self-Determination and Education
Assistance Act of 1975 (25 U.S.C. 450 et seq.), may be deobligated and
reobligated to a self-determination contract under title I, or a self-
governance agreement under title V of such Act and thereafter shall
remain available to the tribe or tribal organization without fiscal year
limitation: Provided further, <<NOTE: Regulations. Budget
request.>> That none of the funds made available to the Indian Health
Service in this Act shall be used to implement the final rule published
in the Federal Register on September 16, 1987, by the Department of
Health and Human Services, relating to the eligibility for the health
care services of the Indian Health Service until the Indian Health
Service has submitted a budget request reflecting the increased costs
associated with the proposed final rule, and such request has been
included in an appropriations Act and enacted into law: Provided
further, That with <<NOTE: Reimbursement.>> respect to functions
transferred by the Indian Health Service to tribes or tribal
organizations, the Indian Health Service is authorized to provide goods
and services to those entities on a reimbursable basis, including
payments in advance with subsequent adjustment, and the reimbursements
received therefrom, along with the funds received from those entities
pursuant to the Indian Self-Determination Act, may be credited to the
same or subsequent appropriation account from which the funds were
originally derived, with such amounts to remain available until
expended: Provided further, <<NOTE: Reimbursements.>> That
reimbursements for training, technical assistance, or services provided
by the Indian Health Service will contain total costs, including direct,
administrative, and overhead costs associated with the provision of
goods, services, or technical assistance: Provided further, That the
Indian Health Service may provide to civilian medical personnel serving
in hospitals operated by the Indian Health Service housing allowances
equivalent to those that would be provided to members of the
Commissioned Corps of the United States Public Health Service serving in
similar positions at such hospitals: Provided
further, <<NOTE: Notification.>> That the appropriation structure for
the Indian Health Service may not be altered without advance
notification to the House and Senate Committees on Appropriations.
National Institutes of Health
national institute of environmental health sciences
For necessary expenses for the National Institute of Environmental
Health Sciences in carrying out activities set forth in section 311(a)
of the Comprehensive Environmental Response, Compensation, and Liability
Act of 1980 (42 U.S.C. 9660(a)) and section 126(g) of the Superfund
Amendments and Reauthorization Act of 1986, $81,000,000.
Agency for Toxic Substances and Disease Registry
toxic substances and environmental public health
For necessary expenses for the Agency for Toxic Substances and
Disease Registry (ATSDR) in carrying out activities set forth in
sections 104(i) and 111(c)(4) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (CERCLA) and section
3019 of the Solid Waste Disposal Act, $76,691,000: Provided,
[[Page 133 STAT. 2735]]
That notwithstanding any other provision of law, in lieu of performing a
health assessment under section 104(i)(6) of CERCLA, the Administrator
of ATSDR may conduct other appropriate health studies, evaluations, or
activities, including, without limitation, biomedical testing, clinical
evaluations, medical monitoring, and referral to accredited healthcare
providers: Provided further, That in performing any such health
assessment or health study, evaluation, or activity, the Administrator
of ATSDR shall not be bound by the deadlines in section 104(i)(6)(A) of
CERCLA: Provided further, That none of the funds appropriated under
this heading shall be available for ATSDR to issue in excess of 40
toxicological profiles pursuant to section 104(i) of CERCLA during
fiscal year 2020, and existing profiles may be updated as necessary.
OTHER RELATED AGENCIES
Executive Office of the President
council on environmental quality and office of environmental quality
For necessary expenses to continue functions assigned to the Council
on Environmental Quality and Office of Environmental Quality pursuant to
the National Environmental Policy Act of 1969, the Environmental Quality
Improvement Act of 1970, and Reorganization Plan No. 1 of 1977, and not
to exceed $750 for official reception and representation expenses,
$2,994,000: <<NOTE: Appointment. President.>> Provided, That
notwithstanding section 202 of the National Environmental Policy Act of
1970, the Council shall consist of one member, appointed by the
President, by and with the advice and consent of the Senate, serving as
chairman and exercising all powers, functions, and duties of the
Council.
Chemical Safety and Hazard Investigation Board
salaries and expenses
For necessary expenses in carrying out activities pursuant to
section 112(r)(6) of the Clean Air Act, including hire of passenger
vehicles, uniforms or allowances therefor, as authorized by 5 U.S.C.
5901-5902, and for services authorized by 5 U.S.C. 3109 but at rates for
individuals not to exceed the per diem equivalent to the maximum rate
payable for senior level positions under 5 U.S.C. 5376, $12,000,000:
Provided, <<NOTE: Career positions.>> That the Chemical Safety and
Hazard Investigation Board (Board) shall have not more than three career
Senior Executive Service positions: Provided further, <<NOTE: 5 USC
app. 8G note.>> That notwithstanding any other provision of law, the
individual appointed to the position of Inspector General of the
Environmental Protection Agency (EPA) shall, by virtue of such
appointment, also hold the position of Inspector General of the Board:
Provided <<NOTE: 5 USC app. 8G note.>> further, That notwithstanding any
other provision of law, the Inspector General of the Board shall utilize
personnel of the Office of Inspector General of EPA in performing the
duties of the Inspector General of the Board, and shall not appoint any
individuals to positions within the Board.
[[Page 133 STAT. 2736]]
Office of Navajo and Hopi Indian Relocation
salaries and expenses
For necessary expenses of the Office of Navajo and Hopi Indian
Relocation as authorized by Public Law 93-531, $7,500,000, to remain
available until expended: Provided, That funds provided in this or any
other appropriations Act are to be used to relocate eligible individuals
and groups including evictees from District 6, Hopi-partitioned lands
residents, those in significantly substandard housing, and all others
certified as eligible and not included in the preceding categories:
Provided further, That none of the funds contained in this or any other
Act may be used by the Office of Navajo and Hopi Indian Relocation to
evict any single Navajo or Navajo family who, as of November 30, 1985,
was physically domiciled on the lands partitioned to the Hopi Tribe
unless a new or replacement home is provided for such household:
Provided further, That no relocatee will be provided with more than one
new or replacement home: <<NOTE: Relocation.>> Provided further, That
the Office shall relocate any certified eligible relocatees who have
selected and received an approved homesite on the Navajo reservation or
selected a replacement residence off the Navajo reservation or on the
land acquired pursuant to section 11 of Public Law 93-531 (88 Stat.
1716).
Institute of American Indian and Alaska Native Culture and Arts
Development
payment to the institute
For payment to the Institute of American Indian and Alaska Native
Culture and Arts Development, as authorized by part A of title XV of
Public Law 99-498 (20 U.S.C. 4411 et seq.), $10,458,000, which shall
become available on July 1, 2020, and shall remain available until
September 30, 2021.
Smithsonian Institution
salaries and expenses
For necessary expenses of the Smithsonian Institution, as authorized
by law, including research in the fields of art, science, and history;
development, preservation, and documentation of the National
Collections; presentation of public exhibits and performances;
collection, preparation, dissemination, and exchange of information and
publications; conduct of education, training, and museum assistance
programs; maintenance, alteration, operation, lease agreements of no
more than 30 years, and protection of buildings, facilities, and
approaches; not to exceed $100,000 for services as authorized by 5
U.S.C. 3109; and purchase, rental, repair, and cleaning of uniforms for
employees, $793,658,000, to remain available until September 30, 2021,
except as otherwise provided herein; of which not to exceed $6,908,000
for the instrumentation program, collections acquisition, exhibition
reinstallation, and the repatriation of skeletal remains program shall
remain available until expended; and including such funds as may be
necessary to support American overseas research centers: Provided, That
funds appropriated herein are available for advance
[[Page 133 STAT. 2737]]
payments to independent contractors performing research services or
participating in official Smithsonian presentations: Provided further,
That <<NOTE: District of Columbia.>> the Smithsonian Institution may
expend Federal appropriations designated in this Act for lease or rent
payments, as rent payable to the Smithsonian Institution, and such rent
payments may be deposited into the general trust funds of the
Institution to be available as trust funds for expenses associated with
the purchase of a portion of the building at 600 Maryland Avenue, S.W.,
Washington, D.C. to the extent that Federally supported activities will
be housed there: Provided further, That the use of such amounts in the
general trust funds of the Institution for such purpose shall not be
construed as Federal debt service for, a Federal guarantee of, a
transfer of risk to, or an obligation of the Federal Government:
Provided further, <<NOTE: District of Columbia.>> That no appropriated
funds may be used directly to service debt which is incurred to finance
the costs of acquiring a portion of the building at 600 Maryland Avenue,
S.W., Washington, D.C., or of planning, designing, and constructing
improvements to such building: Provided further, That <<NOTE: Effective
date. Time period. Reports.>> any agreement entered into by the
Smithsonian Institution for the sale of its ownership interest, or any
portion thereof, in such building so acquired may not take effect until
the expiration of a 30 day period which begins on the date on which the
Secretary submits to the Committees on Appropriations of the House of
Representatives and Senate, the Committees on House Administration and
Transportation and Infrastructure of the House of Representatives, and
the Committee on Rules and Administration of the Senate a report, as
outlined in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act), on the intended
sale.
facilities capital
For necessary expenses of repair, revitalization, and alteration of
facilities owned or occupied by the Smithsonian Institution, by contract
or otherwise, as authorized by section 2 of the Act of August 22, 1949
(63 Stat. 623), and for construction, including necessary personnel,
$253,700,000, to remain available until expended, of which not to exceed
$10,000 shall be for services as authorized by 5 U.S.C. 3109.
National Gallery of Art
salaries and expenses
For the upkeep and operations of the National Gallery of Art, the
protection and care of the works of art therein, and administrative
expenses incident thereto, as authorized by the Act of March 24, 1937
(50 Stat. 51), as amended by the public resolution of April 13, 1939
(Public Resolution 9, Seventy-sixth Congress), including services as
authorized by 5 U.S.C. 3109; payment in advance when authorized by the
treasurer of the Gallery for membership in library, museum, and art
associations or societies whose publications or services are available
to members only, or to members at a price lower than to the general
public; purchase, repair, and cleaning of uniforms for guards, and
uniforms, or allowances therefor, for other employees as authorized by
law (5 U.S.C. 5901-5902); purchase or rental of devices and services for
protecting buildings and contents thereof, and maintenance, alteration,
[[Page 133 STAT. 2738]]
improvement, and repair of buildings, approaches, and grounds; and
purchase of services for restoration and repair of works of art for the
National Gallery of Art by contracts made, without advertising, with
individuals, firms, or organizations at such rates or prices and under
such terms and conditions as the Gallery may deem proper, $147,022,000,
to remain available until September 30, 2021, of which not to exceed
$3,660,000 for the special exhibition program shall remain available
until expended.
repair, restoration and renovation of buildings
For necessary expenses of repair, restoration and renovation of
buildings, grounds and facilities owned or occupied by the National
Gallery of Art, by contract or otherwise, for operating lease agreements
of no more than 10 years, with no extensions or renewals beyond the 10
years, that address space needs created by the ongoing renovations in
the Master Facilities Plan, as authorized, $26,203,000, to remain
available until expended: Provided, That of this amount, $1,000,000
shall be available for design of an off-site art storage facility in
partnership with the Smithsonian Institution: Provided further, That
contracts awarded for environmental systems, protection systems, and
exterior repair or renovation of buildings of the National Gallery of
Art may be negotiated with selected contractors and awarded on the basis
of contractor qualifications as well as price.
John F. Kennedy Center for the Performing Arts
operations and maintenance
For necessary expenses for the operation, maintenance and security
of the John F. Kennedy Center for the Performing Arts, $25,690,000.
capital repair and restoration
For necessary expenses for capital repair and restoration of the
existing features of the building and site of the John F. Kennedy Center
for the Performing Arts, $17,800,000, to remain available until
expended.
Woodrow Wilson International Center for Scholars
salaries and expenses
For expenses necessary in carrying out the provisions of the Woodrow
Wilson Memorial Act of 1968 (82 Stat. 1356) including hire of passenger
vehicles and services as authorized by 5 U.S.C. 3109, $14,000,000, to
remain available until September 30, 2021.
National Foundation on the Arts and the Humanities
National Endowment for the Arts
grants and administration
For necessary expenses to carry out the National Foundation on the
Arts and the Humanities Act of 1965, $162,250,000 shall
[[Page 133 STAT. 2739]]
be available to the National Endowment for the Arts for the support of
projects and productions in the arts, including arts education and
public outreach activities, through assistance to organizations and
individuals pursuant to section 5 of the Act, for program support, and
for administering the functions of the Act, to remain available until
expended.
National Endowment for the Humanities
grants and administration
For necessary expenses to carry out the National Foundation on the
Arts and the Humanities Act of 1965, $162,250,000 to remain available
until expended, of which $147,750,000 shall be available for support of
activities in the humanities, pursuant to section 7(c) of the Act and
for administering the functions of the Act; and $14,500,000 shall be
available to carry out the matching grants program pursuant to section
10(a)(2) of the Act, including $12,500,000 for the purposes of section
7(h): Provided, That appropriations for carrying out section 10(a)(2)
shall be available for obligation only in such amounts as may be equal
to the total amounts of gifts, bequests, devises of money, and other
property accepted by the chairman or by grantees of the National
Endowment for the Humanities under the provisions of sections
11(a)(2)(B) and 11(a)(3)(B) during the current and preceding fiscal
years for which equal amounts have not previously been appropriated.
Administrative Provisions
None of the funds appropriated to the National Foundation on the
Arts and the Humanities may be used to process any grant or contract
documents which do not include the text of 18 U.S.C. 1913: Provided,
That none of the funds appropriated to the National Foundation on the
Arts and the Humanities may be used for official reception and
representation expenses: Provided further, That funds from
nonappropriated sources may be used as necessary for official reception
and representation expenses: Provided further, That the Chairperson of
the National Endowment for the Arts may approve grants of up to $10,000,
if in the aggregate the amount of such grants does not exceed 5 percent
of the sums appropriated for grantmaking purposes per year: Provided
further, That such small grant actions are taken pursuant to the terms
of an expressed and direct delegation of authority from the National
Council on the Arts to the Chairperson.
Commission of Fine Arts
salaries and expenses
For expenses of the Commission of Fine Arts under chapter 91 of
title 40, United States Code, $3,240,000: Provided, That the Commission
is authorized to charge fees to cover the full costs of its
publications, and such fees shall be credited to this account as an
offsetting collection, to remain available until expended without
further appropriation: Provided further, That the Commission is
authorized to accept gifts, including objects, papers, artwork, drawings
and artifacts, that pertain to the history and design
[[Page 133 STAT. 2740]]
of the Nation's Capital or the history and activities of the Commission
of Fine Arts, for the purpose of artistic display, study, or education:
Provided further, That one-tenth of one percent of the funds provided
under this heading may be used for official reception and representation
expenses.
national capital arts and cultural affairs
For necessary expenses as authorized by Public Law 99-190 (20 U.S.C.
956a), $5,000,000.
Advisory Council on Historic Preservation
salaries and expenses
For necessary expenses of the Advisory Council on Historic
Preservation (Public Law 89-665), $7,378,000.
National Capital Planning Commission
salaries and expenses
For necessary expenses of the National Capital Planning Commission
under chapter 87 of title 40, United States Code, including services as
authorized by 5 U.S.C. 3109, $8,124,000: Provided, That one-quarter of
1 percent of the funds provided under this heading may be used for
official reception and representational expenses associated with hosting
international visitors engaged in the planning and physical development
of world capitals.
United States Holocaust Memorial Museum
holocaust memorial museum
For expenses of the Holocaust Memorial Museum, as authorized by
Public Law 106-292 (36 U.S.C. 2301-2310), $60,388,000, of which $715,000
shall remain available until September 30, 2022, for the Museum's
equipment replacement program; and of which $2,000,000 for the Museum's
repair and rehabilitation program and $1,264,000 for the Museum's
outreach initiatives program shall remain available until expended.
Presidio Trust
The Presidio Trust is authorized to issue obligations to the
Secretary of the Treasury pursuant to section 104(d)(3) of the Omnibus
Parks and Public Lands Management Act of 1996 (Public Law 104-333), in
an amount not to exceed $10,000,000.
Dwight d. Eisenhower Memorial Commission
salaries and expenses
For necessary expenses of the Dwight D. Eisenhower Memorial
Commission, $1,800,000, to remain available until expended.
[[Page 133 STAT. 2741]]
women's suffrage centennial commission
salaries and expenses
For necessary expenses for the Women's Suffrage Centennial
Commission, as authorized by the Women's Suffrage Centennial Commission
Act (section 431(a)(3) of division G of Public Law 115-31), $1,000,000,
to remain available until expended.
world war i centennial commission
salaries and expenses
Notwithstanding section 9 of the World War I Centennial Commission
Act, as authorized by the World War I Centennial Commission Act (Public
Law 112-272) and the Carl Levin and Howard P. ``Buck'' McKeon National
Defense Authorization Act for Fiscal Year 2015 (Public Law 113-291), for
necessary expenses of the World War I Centennial Commission, $7,000,000,
to remain available until September 30, 2021: Provided, That in
addition to the authority provided by section 6(g) of such Act, the
World War I Commission may accept money, in-kind personnel services,
contractual support, or any appropriate support from any executive
branch agency for activities of the Commission.
alyce spotted bear and walter soboleff commission on native children
(including transfer of funds)
For necessary expenses of the Alyce Spotted Bear and Walter Soboleff
Commission on Native Children (referred to in this paragraph as the
``Commission''), $500,000, to remain available until September 30, 2021:
Provided, That amounts made available to the Commission under the
heading ``Department of the Interior--Departmental Operations--Office of
the Secretary--Departmental Operations'' in division E of the
Consolidated Appropriations Act, 2019 (Public Law 116-6) may be
transferred to or merged with such amounts: Provided further, That in
addition to the authority provided by section 3(g)(5) and 3(h) of Public
Law 114-244, the Commission may hereafter accept in-kind personnel
services, contractual support, or any appropriate support from any
executive branch agency for activities of the Commission.
TITLE IV
GENERAL PROVISIONS
(including transfers of funds)
restriction on use of funds
Sec. 401. <<NOTE: Lobbying.>> No part of any appropriation
contained in this Act shall be available for any activity or the
publication or distribution of literature that in any way tends to
promote public support or opposition to any legislative proposal on
which Congressional action is not complete other than to communicate to
Members of Congress as described in 18 U.S.C. 1913.
[[Page 133 STAT. 2742]]
obligation of appropriations
Sec. 402. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
disclosure of administrative expenses
Sec. 403. <<NOTE: Budget estimates.>> The amount and basis of
estimated overhead charges, deductions, reserves or holdbacks, including
working capital fund and cost pool charges, from programs, projects,
activities and subactivities to support government-wide, departmental,
agency, or bureau administrative functions or headquarters, regional, or
central operations shall be presented in annual budget justifications
and subject to approval by the Committees on Appropriations of the House
of Representatives and the Senate. Changes to such estimates shall be
presented to the Committees on Appropriations for approval.
mining applications
Sec. 404. <<NOTE: Patents and trademarks.>> (a) Limitation of
Funds.--None of the funds appropriated or otherwise made available
pursuant to this Act shall be obligated or expended to accept or process
applications for a patent for any mining or mill site claim located
under the general mining laws.
(b) <<NOTE: Determination.>> Exceptions.--Subsection (a) shall not
apply if the Secretary of the Interior determines that, for the claim
concerned (1) a patent application was filed with the Secretary on or
before September 30, 1994; and (2) all requirements established under
sections 2325 and 2326 of the Revised Statutes (30 U.S.C. 29 and 30) for
vein or lode claims, sections 2329, 2330, 2331, and 2333 of the Revised
Statutes (30 U.S.C. 35, 36, and 37) for placer claims, and section 2337
of the Revised Statutes (30 U.S.C. 42) for mill site claims, as the case
may be, were fully complied with by the applicant by that date.
(c) Report.--On September 30, 2021, the Secretary of the Interior
shall file with the House and Senate Committees on Appropriations and
the Committee on Natural Resources of the House and the Committee on
Energy and Natural Resources of the Senate a report on actions taken by
the Department under the plan submitted pursuant to section 314(c) of
the Department of the Interior and Related Agencies Appropriations Act,
1997 (Public Law 104-208).
(d) Mineral Examinations.--In order to process patent applications
in a timely and responsible manner, upon the request of a patent
applicant, the Secretary of the Interior shall allow the applicant to
fund a qualified third-party contractor to be selected by the Director
of the Bureau of Land Management to conduct a mineral examination of the
mining claims or mill sites contained in a patent application as set
forth in subsection (b). The Bureau of Land Management shall have the
sole responsibility to choose and pay the third-party contractor in
accordance with the standard procedures employed by the Bureau of Land
Management in the retention of third-party contractors.
[[Page 133 STAT. 2743]]
contract support costs, prior year limitation
Sec. 405. <<NOTE: Extension.>> Sections 405 and 406 of division F
of the Consolidated and Further Continuing Appropriations Act, 2015
(Public Law 113-235) shall continue in effect in fiscal year 2020.
contract support costs, fiscal year 2020 limitation
Sec. 406. Amounts provided by this Act for fiscal year 2020 under
the headings ``Department of Health and Human Services, Indian Health
Service, Contract Support Costs'' and ``Department of the Interior,
Bureau of Indian Affairs and Bureau of Indian Education, Contract
Support Costs'' are the only amounts available for contract support
costs arising out of self-determination or self-governance contracts,
grants, compacts, or annual funding agreements for fiscal year 2020 with
the Bureau of Indian Affairs, Bureau of Indian Education, and the Indian
Health Service: Provided, That such amounts provided by this Act are
not available for payment of claims for contract support costs for prior
years, or for repayments of payments for settlements or judgments
awarding contract support costs for prior years.
forest management plans
Sec. 407. <<NOTE: 16 USC 1604 note.>> The Secretary of Agriculture
shall not be considered to be in violation of subparagraph 6(f)(5)(A) of
the Forest and Rangeland Renewable Resources Planning Act of 1974 (16
U.S.C. 1604(f)(5)(A)) solely because more than 15 years have passed
without revision of the plan for a unit of the National Forest System.
Nothing in this section exempts the Secretary from any other requirement
of the Forest and Rangeland Renewable Resources Planning Act (16 U.S.C.
1600 et seq.) or any other law: Provided, That if the Secretary is not
acting expeditiously and in good faith, within the funding available, to
revise a plan for a unit of the National Forest System, this section
shall be void with respect to such plan and a court of proper
jurisdiction may order completion of the plan on an accelerated basis.
prohibition within national monuments
Sec. 408. No funds provided in this Act may be expended to conduct
preleasing, leasing and related activities under either the Mineral
Leasing Act (30 U.S.C. 181 et seq.) or the Outer Continental Shelf Lands
Act (43 U.S.C. 1331 et seq.) within the boundaries of a National
Monument established pursuant to the Act of June 8, 1906 (16 U.S.C. 431
et seq.) as such boundary existed on January 20, 2001, except where such
activities are allowed under the Presidential proclamation establishing
such monument.
limitation on takings
Sec. 409. Unless otherwise provided herein, no funds appropriated
in this Act for the acquisition of lands or interests in lands may be
expended for the filing of declarations of taking or complaints in
condemnation without the approval of the House and Senate Committees on
Appropriations: Provided, That this provision shall not apply to funds
appropriated to implement the
[[Page 133 STAT. 2744]]
Everglades National Park Protection and Expansion Act of 1989, or to
funds appropriated for Federal assistance to the State of Florida to
acquire lands for Everglades restoration purposes.
prohibition on no-bid contracts
Sec. 410. None of the funds appropriated or otherwise made
available by this Act to executive branch agencies may be used to enter
into any Federal contract unless such contract is entered into in
accordance with the requirements of Chapter 33 of title 41, United
States Code, or Chapter 137 of title 10, United States Code, and the
Federal Acquisition Regulation, unless--
(1) Federal law specifically authorizes a contract to be
entered into without regard for these requirements, including
formula grants for States, or federally recognized Indian
tribes;
(2) such contract is authorized by the Indian Self-
Determination and Education Assistance Act (Public Law 93-638,
25 U.S.C. 450 et seq.) or by any other Federal laws that
specifically authorize a contract within an Indian tribe as
defined in section 4(e) of that Act (25 U.S.C. 450b(e)); or
(3) such contract was awarded prior to the date of enactment
of this Act.
posting of reports
Sec. 411. <<NOTE: Web posting. Public information. Determination.>>
(a) Any agency receiving funds made available in this Act, shall,
subject to subsections (b) and (c), post on the public website of that
agency any report required to be submitted by the Congress in this or
any other Act, upon the determination by the head of the agency that it
shall serve the national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises national
security; or
(2) the report contains proprietary information.
(c) <<NOTE: Time period.>> The head of the agency posting such
report shall do so only after such report has been made available to the
requesting Committee or Committees of Congress for no less than 45 days.
national endowment for the arts grant guidelines
Sec. 412. Of the funds provided to the National Endowment for the
Arts--
(1) The Chairperson shall only award a grant to an
individual if such grant is awarded to such individual for a
literature fellowship, National Heritage Fellowship, or American
Jazz Masters Fellowship.
(2) <<NOTE: Procedures.>> The Chairperson shall establish
procedures to ensure that no funding provided through a grant,
except a grant made to a State or local arts agency, or regional
group, may be used to make a grant to any other organization or
individual to conduct activity independent of the direct grant
recipient. Nothing in this subsection shall prohibit payments
made in exchange for goods and services.
(3) No grant shall be used for seasonal support to a group,
unless the application is specific to the contents of the
season, including identified programs or projects.
[[Page 133 STAT. 2745]]
national endowment for the arts program priorities
Sec. 413. (a) In providing services or awarding financial assistance
under the National Foundation on the Arts and the Humanities Act of 1965
from funds appropriated under this Act, the Chairperson of the National
Endowment for the Arts shall ensure that priority is given to providing
services or awarding financial assistance for projects, productions,
workshops, or programs that serve underserved populations.
(b) <<NOTE: Definitions.>> In this section:
(1) The term ``underserved population'' means a population
of individuals, including urban minorities, who have
historically been outside the purview of arts and humanities
programs due to factors such as a high incidence of income below
the poverty line or to geographic isolation.
(2) The term ``poverty line'' means the poverty line (as
defined by the Office of Management and Budget, and revised
annually in accordance with section 673(2) of the Community
Services Block Grant Act (42 U.S.C. 9902(2))) applicable to a
family of the size involved.
(c) In providing services and awarding financial assistance under
the National Foundation on the Arts and Humanities Act of 1965 with
funds appropriated by this Act, the Chairperson of the National
Endowment for the Arts shall ensure that priority is given to providing
services or awarding financial assistance for projects, productions,
workshops, or programs that will encourage public knowledge, education,
understanding, and appreciation of the arts.
(d) With funds appropriated by this Act to carry out section 5 of
the National Foundation on the Arts and Humanities Act of 1965--
(1) the Chairperson shall establish a grant category for
projects, productions, workshops, or programs that are of
national impact or availability or are able to tour several
States;
(2) the Chairperson shall not make grants exceeding 15
percent, in the aggregate, of such funds to any single State,
excluding grants made under the authority of paragraph (1);
(3) <<NOTE: Reports.>> the Chairperson shall report to the
Congress annually and by State, on grants awarded by the
Chairperson in each grant category under section 5 of such Act;
and
(4) the Chairperson shall encourage the use of grants to
improve and support community-based music performance and
education.
status of balances of appropriations
Sec. 414. <<NOTE: Reports.>> The Department of the Interior, the
Environmental Protection Agency, the Forest Service, and the Indian
Health Service shall provide the Committees on Appropriations of the
House of Representatives and Senate quarterly reports on the status of
balances of appropriations including all uncommitted, committed, and
unobligated funds in each program and activity within 60 days of
enactment of this Act.
[[Page 133 STAT. 2746]]
alyce spotted bear and walter soboleff commission on native children
Sec. 415. Section 3(a) of the Alyce Spotted Bear and Walter
Soboleff Commission on Native Children Act (Public Law 114-244)
is <<NOTE: 130 Stat. 981.>> amended by striking ``in the Office of
Tribal Justice of the Department of Justice.''.
forest service communications site administration
Sec. 416. Subsection (f) of section 8705 of the Agriculture
Improvement Act of 2018 (Public Law 115-334) <<NOTE: 43 USC 1761a.>> is
amended by striking paragraph (2) and inserting the following:
``(2) Requirements for fees collected.--Fees collected by
the Forest Service under subsection (c)(3) shall be--
``(A) collected only to the extent provided in
advance in appropriations Acts;
``(B) based on the costs described in subsection
(c)(3); and
``(C) competitively neutral, technology neutral, and
nondiscriminatory with respect to other users of the
communications site.''.
extension of grazing permits
Sec. 417. The terms and conditions of section 325 of Public Law
108-108 (117 Stat. 1307), regarding grazing permits issued by the Forest
Service on any lands not subject to administration under section 402 of
the Federal Lands Policy and Management Act (43 U.S.C. 1752), shall
remain in effect for fiscal year 2020.
funding prohibition
Sec. 418. (a) <<NOTE: Pornography.>> None of the funds made
available in this Act may be used to maintain or establish a computer
network unless such network is designed to block access to pornography
websites.
(b) Nothing in subsection (a) shall limit the use of funds necessary
for any Federal, State, tribal, or local law enforcement agency or any
other entity carrying out criminal investigations, prosecution, or
adjudication activities.
humane transfer and treatment of animals
Sec. 419. <<NOTE: Wild horses and burros.>> (a) Notwithstanding any
other provision of law, the Secretary of the Interior, with respect to
land administered by the Bureau of Land Management, or the Secretary of
Agriculture, with respect to land administered by the Forest Service
(referred to in this section as the ``Secretary concerned''), may
transfer excess wild horses and burros that have been removed from land
administered by the Secretary concerned to other Federal, State, and
local government agencies for use as work animals.
(b) The Secretary concerned may make a transfer under subsection (a)
immediately on the request of a Federal, State, or local government
agency.
(c) An excess wild horse or burro transferred under subsection (a)
shall lose status as a wild free-roaming horse or burro (as defined in
section 2 of Public Law 92-195 (commonly known as the ``Wild Free-
Roaming Horses and Burros Act'') (16 U.S.C. 1332)).
[[Page 133 STAT. 2747]]
(d) A Federal, State, or local government agency receiving an excess
wild horse or burro pursuant to subsection (a) shall not--
(1) destroy the horse or burro in a manner that results in
the destruction of the horse or burro into a commercial product;
(2) sell or otherwise transfer the horse or burro in a
manner that results in the destruction of the horse or burro for
processing into a commercial product; or
(3) euthanize the horse or burro, except on the
recommendation of a licensed veterinarian in a case of severe
injury, illness, or advanced age.
(e) Amounts appropriated by this Act shall not be available for--
(1) the destruction of any healthy, unadopted, and wild
horse or burro under the jurisdiction of the Secretary concerned
(including a contractor); or
(2) the sale of a wild horse or burro that results in the
destruction of the wild horse or burro for processing into a
commercial product.
forest service facility realignment and enhancement authorization
extension
Sec. 420. <<NOTE: Applicability. 6 USC 580d note.>> Section 503(f)
of Public Law 109-54 (16 U.S.C. 580d note) shall be applied by
substituting ``September 30, 2020'' for ``September 30, 2019''.
use of american iron and steel
Sec. 421. (a)(1) None of the funds made available by a State water
pollution control revolving fund as authorized by section 1452 of the
Safe Drinking Water Act (42 U.S.C. 300j-12) shall be used for a project
for the construction, alteration, maintenance, or repair of a public
water system or treatment works unless all of the iron and steel
products used in the project are produced in the United States.
(2) <<NOTE: Definition.>> In this section, the term ``iron and
steel'' products means the following products made primarily of iron or
steel: lined or unlined pipes and fittings, manhole covers and other
municipal castings, hydrants, tanks, flanges, pipe clamps and
restraints, valves, structural steel, reinforced precast concrete, and
construction materials.
(b) Subsection (a) shall not apply in any case or category of cases
in which the Administrator of the Environmental Protection Agency (in
this section referred to as the ``Administrator'') finds that--
(1) applying subsection (a) would be inconsistent with the
public interest;
(2) iron and steel products are not produced in the United
States in sufficient and reasonably available quantities and of
a satisfactory quality; or
(3) inclusion of iron and steel products produced in the
United States will increase the cost of the overall project by
more than 25 percent.
(c) <<NOTE: Public information. Records. Time period.>> If the
Administrator receives a request for a waiver under this section, the
Administrator shall make available to the public on an informal basis a
copy of the request and information available to the Administrator
concerning the request, and shall allow for
[[Page 133 STAT. 2748]]
informal public input on the request for at least 15 days prior to
making a finding based on the request. <<NOTE: Web posting.>> The
Administrator shall make the request and accompanying information
available by electronic means, including on the official public Internet
Web site of the Environmental Protection Agency.
(d) <<NOTE: Applicability.>> This section shall be applied in a
manner consistent with United States obligations under international
agreements.
(e) The Administrator may retain up to 0.25 percent of the funds
appropriated in this Act for the Clean and Drinking Water State
Revolving Funds for carrying out the provisions described in subsection
(a)(1) for management and oversight of the requirements of this section.
rescission of funds
Sec. 422. Any amounts made available for fiscal year 2020 pursuant
to section 8705(f)(2) of Public Law 115-334 as amended by this Act, are
hereby rescinded.
john f. kennedy center reauthorization
Sec. 423. Section 13 of the John F. Kennedy Center Act (20 U.S.C.
76r) is amended by striking subsections (a) and (b) and inserting the
following:
``(a) Maintenance, Repair, and Security.--There is authorized to be
appropriated to the Board to carry out section 4(a)(1)(H), $25,690,000
for fiscal year 2020.
``(b) Capital Projects.--There is authorized to be appropriated to
the Board to carry out subparagraphs (F) and (G) of section 4(a)(1),
$17,800,000 for fiscal year 2020.''.
local cooperator training agreements and transfers of excess equipment
and supplies for wildfires
Sec. 424. <<NOTE: Grants.>> The Secretary of the Interior is
authorized to enter into grants and cooperative agreements with
volunteer fire departments, rural fire departments, rangeland fire
protection associations, and similar organizations to provide for
wildland fire training and equipment, including supplies and
communication devices. Notwithstanding 121(c) of title 40, United States
Code, or section 521 of title 40, United States Code, the Secretary is
further authorized to transfer title to excess Department of the
Interior firefighting equipment no longer needed to carry out the
functions of the Department's wildland fire management program to such
organizations.
recreation fees
Sec. 425. <<NOTE: Applicability. 16 USC 6809 note.>> Section 810
of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6809) shall
be applied by substituting ``October 1, 2021'' for ``September 30,
2019''.
reprogramming guidelines
Sec. 426. <<NOTE: Advance approval.>> None of the funds made
available in this Act, in this and prior fiscal years, may be
reprogrammed without the
[[Page 133 STAT. 2749]]
advance approval of the House and Senate Committees on Appropriations in
accordance with the reprogramming procedures contained in the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act).
project information
Sec. 427. <<NOTE: Deadline. Lists.>> (a) Within 60 days of the
submission of the fiscal year 2021 budget or by April 1, 2020, whichever
comes first, the Secretary of the Interior and the Secretary of
Agriculture shall submit to the Committees on Appropriations of the
House of Representatives and the Senate prioritized and detailed lists
of Federal land acquisition projects, and Forest Legacy projects, that
have been identified by each land management Agency.
(b) The Federal land acquisition project lists required by each
Agency in subsection (a) shall include individual projects for the
National Park Service, the U.S. Fish and Wildlife Service, the Bureau of
Land Management, and the U.S. Forest Service, and shall total for each
agency no less than 150 percent of the amount enacted for that agency
for the previous fiscal year.
local contractors
Sec. 428. <<NOTE: Applicability.>> Section 412 of Division E of
Public Law 112-74 shall be applied by substituting ``fiscal year 2020''
for ``fiscal year 2019''.
shasta-trinity marina fee authority authorization extension
Sec. 429. <<NOTE: Applicability.>> Section 422 of division F of
Public Law 110-161 (121 Stat 1844), as amended, shall be applied by
substituting ``fiscal year 2020'' for ``fiscal year 2019''.
interpretive association authorization extension
Sec. 430. <<NOTE: 16 USC 565a-1 note.>> Section 426 of division G
of Public Law 113-76 (16 U.S.C. 565a-1 note) shall be applied by
substituting ``September 30, 2020'' for ``September 30, 2019''.
puerto rico schooling authorization extension
Sec. 431. <<NOTE: Applicability.>> The authority provided by the
19th unnumbered paragraph under heading ``Administrative Provisions,
Forest Service'' in title III of Public Law 109-54, as amended, shall be
applied by substituting ``fiscal year 2020'' for ``fiscal year 2019''.
forest botanical products fee collection authorization extension
Sec. 432. <<NOTE: Applicability. 16 USC 528 note.>> Section 339 of
the Department of the Interior and Related Agencies Appropriations Act,
2000 (as enacted into law by Public Law 106-113; 16 U.S.C. 528 note), as
amended by section 335(6) of Public Law 108-108 and section 432 of
Public Law 113-76, shall be applied by substituting ``fiscal year 2020''
for ``fiscal year 2019''.
[[Page 133 STAT. 2750]]
alaska native regional health entities authorization extension
Sec. 433. <<NOTE: Applicability.>> Section 424(a) of the
Consolidated Appropriations Act, 2014 (Public Law 113-76), as amended by
section 428 of the Consolidated Appropriations Act, 2018 (Public Law
115-141), shall be applied by substituting ``October 1, 2020'' for
``October 1, 2019''.
chesapeake bay initiative
Sec. 434. <<NOTE: Applicability.>> Section 502(c) of the
Chesapeake Bay Initiative Act of 1998 (Public Law 105-312; 54 U.S.C.
320101 note) shall be applied by substituting ``fiscal year 2020'' for
``fiscal year 2019''.
forest service budget restructure
Sec. 435. (a) <<NOTE: Deadlines. 16 USC 579e.>> The Secretary of
Agriculture shall establish the ``Forest Service Operations'' account
not later than October 1, 2020, for the necessary expenses of the Forest
Service: (1) for the base salary and expenses of employees in the
Chief's Office, the Work Environment and Performance Office, the
Business Operations Deputy Area, and the Chief Financial Officer's
Office to carry out administrative and general management support
functions; (2) for the costs of facility maintenance, repairs, and
leases for buildings and sites; (3) for the costs of utility and
communication expenses, business services, and information technology,
including cybersecurity requirements; and (4) for such other
administrative support function expenses necessary for the operation of
the Forest Service.
(b) Subsequent to the establishment of the account under subsection
(a), the Secretary of Agriculture may execute appropriations of the
Department for fiscal year 2021 as provided pursuant to such subsection,
including any continuing appropriations made available for fiscal year
2021 before enactment of a regular appropriations Act.
(c) <<NOTE: Notification.>> Notwithstanding any other provision of
law, the Secretary of Agriculture may transfer any unobligated balances
made available to the Forest Service by this or prior appropriations
Acts to the account established under subsection (a) to carry out such
subsection, and shall notify the Committees on Appropriations of the
Senate and the House of Representatives within 5 days of such transfer:
Provided, That no amounts may be transferred from amounts that were made
available for wildfire suppression operations pursuant to section
251(b)(2)(F) of the Balanced Budget and Emergency Deficit Control Act of
1985.
(d)(1) <<NOTE: Transfer authority. Reports.>> Not later than
November 1, 2020, the Secretary of Agriculture shall establish the
preliminary baseline for application of transfer authorities and submit
the report specified in paragraph (2) to the Committees on
Appropriations for the Senate and the House of Representatives.
(2) The report required in this subsection shall include--
(A) a delineation of the amount and account of each
transfer made pursuant to subsection (b) or (c);
(B) a table for each appropriation with a separate
column to display the fiscal year 2020 enacted levels,
adjustments made by Congress, adjustments due to enacted
rescissions, if appropriate, and adjustments made
pursuant
[[Page 133 STAT. 2751]]
to the transfer authority in subsection (b) or (c), and
the resulting fiscal year level;
(C) a delineation in the table for each
appropriation, adjusted as described in paragraph (2),
both by budget activity and program, project, and
activity as detailed in the Budget Appendix; and
(D) an identification of funds directed for a
specific activity.
timber sale requirements
Sec. 436. <<NOTE: Alaska.>> No timber sale in Alaska's Region 10
shall be advertised if the indicated rate is deficit (defined as the
value of the timber is not sufficient to cover all logging and stumpage
costs and provide a normal profit and risk allowance under the Forest
Service's appraisal process) when appraised using a residual value
appraisal. The western red cedar timber from those sales which is
surplus to the needs of the domestic processors in Alaska, shall be made
available to domestic processors in the contiguous 48 United States at
prevailing domestic prices. All additional western red cedar volume not
sold to Alaska or contiguous 48 United States domestic processors may be
exported to foreign markets at the election of the timber sale holder.
All Alaska yellow cedar may be sold at prevailing export prices at the
election of the timber sale holder.
prohibition on use of funds
Sec. 437. Notwithstanding any other provision of law, none of the
funds made available in this Act or any other Act may be used to
promulgate or implement any regulation requiring the issuance of permits
under title V of the Clean Air Act (42 U.S.C. 7661 et seq.) for carbon
dioxide, nitrous oxide, water vapor, or methane emissions resulting from
biological processes associated with livestock production.
greenhouse gas reporting restrictions
Sec. 438. Notwithstanding any other provision of law, none of the
funds made available in this or any other Act may be used to implement
any provision in a rule, if that provision requires mandatory reporting
of greenhouse gas emissions from manure management systems.
funding prohibition
Sec. 439. None of the funds made available by this or any other Act
may be used to regulate the lead content of ammunition, ammunition
components, or fishing tackle under the Toxic Substances Control Act (15
U.S.C. 2601 et seq.) or any other law.
policies relating to biomass energy
Sec. 440. To support the key role that forests in the United States
can play in addressing the energy needs of the United States, the
Secretary of Energy, the Secretary of Agriculture, and the Administrator
of the Environmental Protection Agency shall, consistent with their
missions, jointly--
[[Page 133 STAT. 2752]]
(1) ensure that Federal policy relating to forest
bioenergy--
(A) is consistent across all Federal departments and
agencies; and
(B) recognizes the full benefits of the use of
forest biomass for energy, conservation, and responsible
forest management; and
(2) establish clear and simple policies for the use of
forest biomass as an energy solution, including policies that--
(A) reflect the carbon-neutrality of forest
bioenergy and recognize biomass as a renewable energy
source, provided the use of forest biomass for energy
production does not cause conversion of forests to non-
forest use;
(B) encourage private investment throughout the
forest biomass supply chain, including in--
(i) working forests;
(ii) harvesting operations;
(iii) forest improvement operations;
(iv) forest bioenergy production;
(v) wood products manufacturing; or
(vi) paper manufacturing;
(C) encourage forest management to improve forest
health; and
(D) recognize State initiatives to produce and use
forest biomass.
small remote incinerators
Sec. 441. <<NOTE: Regulations. Alaska.>> None of the funds made
available in this Act may be used to implement or enforce the regulation
issued on March 21, 2011 at 40 CFR part 60 subparts CCCC and DDDD with
respect to units in the State of Alaska that are defined as ``small,
remote incinerator'' units in those regulations and, until a subsequent
regulation is issued, the Administrator shall implement the law and
regulations in effect prior to such date.
chaco canyon
Sec. 442. None of the funds made available by this Act may be used
to accept a nomination for oil and gas leasing under 43 CFR 3120.3 et
seq, or to offer for oil and gas leasing, any Federal lands within the
withdrawal area identified on the map of the Chaco Culture National
Historical Park prepared by the Bureau of Land Management and dated
April 2, 2019, prior to the completion of the cultural resources
investigation identified in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated Act).
david r. obey northern great lakes visitor center
Sec. 443. <<NOTE: Wisconsin.>> (a) Designation.--The Northern Great
Lakes Visitor Center located in Ashland, Wisconsin, the title to which
is owned by the Forest Service, shall be known and designated as the
``David R. Obey Northern Great Lakes Visitor Center''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the facility referred to
in subsection (a) shall be deemed to be a reference to the ``David R.
Obey Northern Great Lakes Visitor Center''.
[[Page 133 STAT. 2753]]
This division may be cited as the ``Department of the Interior,
Environment, and Related Agencies Appropriations Act, 2020''.
DIVISION E-- <<NOTE: Legislative Branch Appropriations Act, 2020. 2 USC
60a note.>> LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2020
TITLE I
LEGISLATIVE BRANCH
SENATE
Expense Allowances
For expense allowances of the Vice President, $18,760; the President
Pro Tempore of the Senate, $37,520; Majority Leader of the Senate,
$39,920; Minority Leader of the Senate, $39,920; Majority Whip of the
Senate, $9,980; Minority Whip of the Senate, $9,980; President Pro
Tempore Emeritus, $15,000; Chairmen of the Majority and Minority
Conference Committees, $4,690 for each Chairman; and Chairmen of the
Majority and Minority Policy Committees, $4,690 for each Chairman; in
all, $189,840.
For representation allowances of the Majority and Minority Leaders
of the Senate, $14,070 for each such Leader; in all, $28,140.
Salaries, Officers and Employees
For compensation of officers, employees, and others as authorized by
law, including agency contributions, $216,321,170, which shall be paid
from this appropriation as follows:
office of the vice president
For the Office of the Vice President, $2,533,000.
office of the president pro tempore
For the Office of the President Pro Tempore, $759,000.
office of the president pro tempore emeritus
For the Office of the President Pro Tempore Emeritus, $326,000.
offices of the majority and minority leaders
For Offices of the Majority and Minority Leaders, $5,506,000.
offices of the majority and minority whips
For Offices of the Majority and Minority Whips, $3,525,000.
committee on appropriations
For salaries of the Committee on Appropriations, $15,793,000.
conference committees
For the Conference of the Majority and the Conference of the
Minority, at rates of compensation to be fixed by the Chairman
[[Page 133 STAT. 2754]]
of each such committee, $1,738,000 for each such committee; in all,
$3,476,000.
offices of the secretaries of the conference of the majority and the
conference of the minority
For Offices of the Secretaries of the Conference of the Majority and
the Conference of the Minority, $862,000.
policy committees
For salaries of the Majority Policy Committee and the Minority
Policy Committee, $1,776,000 for each such committee; in all,
$3,552,000.
office of the chaplain
For Office of the Chaplain, $510,000.
office of the secretary
For Office of the Secretary, $26,818,000.
office of the sergeant at arms and doorkeeper
For Office of the Sergeant at Arms and Doorkeeper, $85,867,000.
offices of the secretaries for the majority and minority
For Offices of the Secretary for the Majority and the Secretary for
the Minority, $1,940,000.
agency contributions and related expenses
For agency contributions for employee benefits, as authorized by
law, and related expenses, $64,854,170.
Office of the Legislative Counsel of the Senate
For salaries and expenses of the Office of the Legislative Counsel
of the Senate, $6,397,000.
Office of Senate Legal Counsel
For salaries and expenses of the Office of Senate Legal Counsel,
$1,197,000.
Expense Allowances of the Secretary of the Senate, Sergeant at Arms and
Doorkeeper of the Senate, and Secretaries for the Majority and Minority
of the Senate
For expense allowances of the Secretary of the Senate, $7,110;
Sergeant at Arms and Doorkeeper of the Senate, $7,110; Secretary for the
Majority of the Senate, $7,110; Secretary for the Minority of the
Senate, $7,110; in all, $28,440.
[[Page 133 STAT. 2755]]
Contingent Expenses of the Senate
inquiries and investigations
For expenses of inquiries and investigations ordered by the Senate,
or conducted under paragraph 1 of rule XXVI of the Standing Rules of the
Senate, section 112 of the Supplemental Appropriations and Rescission
Act, 1980 (Public Law 96-304), and Senate Resolution 281, 96th Congress,
agreed to March 11, 1980, $133,265,000, of which $26,650,000 shall
remain available until September 30, 2022.
u.s. senate caucus on international narcotics control
For expenses of the United States Senate Caucus on International
Narcotics Control, $508,000.
secretary of the senate
For expenses of the Office of the Secretary of the Senate,
$14,536,000 of which $11,436,000 shall remain available until September
30, 2024 and of which $3,100,000 shall remain available until expended.
sergeant at arms and doorkeeper of the senate
For expenses of the Office of the Sergeant at Arms and Doorkeeper of
the Senate, $128,753,000, which shall remain available until September
30, 2024.
miscellaneous items
For miscellaneous items, $18,871,410 which shall remain available
until September 30, 2022.
senators' official personnel and office expense account
For Senators' Official Personnel and Office Expense Account,
$449,000,000 of which $20,128,950 shall remain available until September
30, 2022 and of which $6,000,000 shall be allocated solely for the
purpose of providing financial compensation to Senate interns.
official mail costs
For expenses necessary for official mail costs of the Senate,
$300,000.
Administrative Provision
requiring amounts remaining in senators' official personnel and office
expense account to be used for deficit reduction or to reduce the
federal debt
Sec. 101. Notwithstanding any other provision of law, any amounts
appropriated under this Act under the heading ``SENATE'' under the
heading ``Contingent Expenses of the Senate'' under the heading
``senators' official personnel and office expense account'' shall be
available for obligation only during the fiscal
[[Page 133 STAT. 2756]]
year or fiscal years for which such amounts are made available. Any
unexpended balances under such allowances remaining after the end of the
period of availability shall be returned to the Treasury in accordance
with the undesignated paragraph under the center heading ``GENERAL
PROVISION'' under chapter XI of the Third Supplemental Appropriation
Act, 1957 (2 U.S.C. 4107) and used for deficit reduction (or, if there
is no Federal budget deficit after all such payments have been made, for
reducing the Federal debt, in such manner as the Secretary of the
Treasury considers appropriate).
HOUSE OF REPRESENTATIVES
Salaries and Expenses
For salaries and expenses of the House of Representatives,
$1,370,725,000, as follows:
House Leadership Offices
For salaries and expenses, as authorized by law, $28,884,000,
including: Office of the Speaker, $8,295,000, including $25,000 for
official expenses of the Speaker; Office of the Majority Floor Leader,
$2,947,000, including $10,000 for official expenses of the Majority
Leader; Office of the Minority Floor Leader, $8,295,000, including
$10,000 for official expenses of the Minority Leader; Office of the
Majority Whip, including the Chief Deputy Majority Whip, $2,448,000,
including $5,000 for official expenses of the Majority Whip; Office of
the Minority Whip, including the Chief Deputy Minority Whip, $2,219,000,
including $5,000 for official expenses of the Minority Whip; Republican
Conference, $2,340,000; Democratic Caucus, $2,340,000: Provided, That
such amount for salaries and expenses shall remain available from
January 3, 2020 until January 2, 2021.
Members' Representational Allowances
Including Members' Clerk Hire, Official Expenses of Members, and
Official Mail
For Members' representational allowances, including Members' clerk
hire, official expenses, and official mail, $615,000,000.
Allowance for Compensation of Interns in Member Offices
For the allowance established under section 120 of the Legislative
Branch Appropriations Act, 2019 (2 U.S.C. 5322a) for the compensation of
interns who serve in the offices of Members of the House of
Representatives, $11,025,000, to remain available through December 31,
2020: Provided, That notwithstanding section 120(b) of such Act, an
office of a Member of the House of Representatives may use not more than
$25,000 of the allowance available under this heading during calendar
year 2020.
[[Page 133 STAT. 2757]]
Allowance for Compensation of Interns in House Leadership Offices
For the allowance established under section 113 of this Act for the
compensation of interns who serve in House leadership offices, $365,000,
to remain available through December 31, 2020: Provided, That of the
amount provided under this heading, $200,000 shall be available for the
compensation of interns who serve in House leadership offices of the
majority, to be allocated among such offices by the Speaker of the House
of Representatives, and $165,000 shall be available for the compensation
of interns who serve in House leadership offices of the minority, to be
allocated among such offices by the Minority Floor Leader.
Committee Employees
Standing Committees, Special and Select
For salaries and expenses of standing committees, special and
select, authorized by House resolutions, $135,359,000: Provided, That
such amount shall remain available for such salaries and expenses until
December 31, 2020, except that $2,850,000 of such amount shall remain
available until expended for committee room upgrading.
Committee on Appropriations
For salaries and expenses of the Committee on Appropriations,
$24,269,000, including studies and examinations of executive agencies
and temporary personal services for such committee, to be expended in
accordance with section 202(b) of the Legislative Reorganization Act of
1946 and to be available for reimbursement to agencies for services
performed: Provided, That such amount shall remain available for such
salaries and expenses until December 31, 2020.
Salaries, Officers and Employees
For compensation and expenses of officers and employees, as
authorized by law, $231,903,000, including: for salaries and expenses of
the Office of the Clerk, including the positions of the Chaplain and the
Historian, and including not more than $25,000 for official
representation and reception expenses, of which not more than $20,000 is
for the Family Room and not more than $2,000 is for the Office of the
Chaplain, $30,766,000, of which $1,500,000 shall remain available until
expended; for salaries and expenses of the Office of the Sergeant at
Arms, including the position of Superintendent of Garages and the Office
of Emergency Management, and including not more than $3,000 for official
representation and reception expenses, $20,225,000, of which $10,267,000
shall remain available until expended; for salaries and expenses of the
Office of the Chief Administrative Officer including not more than
$3,000 for official representation and reception expenses, $153,550,000,
of which $11,639,000 shall remain available until expended; for salaries
and expenses of the Office of Diversity and Inclusion, $1,000,000; for
salaries and expenses of the Office of the Whistleblower Ombudsman,
$750,000; for salaries and expenses of the Office of the Inspector
General, $5,019,000; for
[[Page 133 STAT. 2758]]
salaries and expenses of the Office of General Counsel, $1,751,000; for
salaries and expenses of the Office of the Parliamentarian, including
the Parliamentarian, $2,000 for preparing the Digest of Rules, and not
more than $1,000 for official representation and reception expenses,
$2,088,000; for salaries and expenses of the Office of the Law Revision
Counsel of the House, $3,419,000; for salaries and expenses of the
Office of the Legislative Counsel of the House, $11,937,000; for
salaries and expenses of the Office of Interparliamentary Affairs,
$814,000; for other authorized employees, $584,000.
Allowances and Expenses
For allowances and expenses as authorized by House resolution or
law, $323,920,000, including: supplies, materials, administrative costs
and Federal tort claims, $1,526,000; official mail for committees,
leadership offices, and administrative offices of the House, $190,000;
Government contributions for health, retirement, Social Security, and
other applicable employee benefits, $294,377,000, to remain available
until March 31, 2021; salaries and expenses for Business Continuity and
Disaster Recovery, $17,668,000, of which $5,000,000 shall remain
available until expended; transition activities for new members and
staff, $4,489,000, to remain available until expended; Wounded Warrior
Program and the Congressional Gold Star Family Fellowship Program,
$3,000,000, to remain available until expended; Office of Congressional
Ethics, $1,670,000; and miscellaneous items including purchase,
exchange, maintenance, repair and operation of House motor vehicles,
interparliamentary receptions, and gratuities to heirs of deceased
employees of the House, $1,000,000.
Administrative Provisions
requiring amounts remaining in members' representational allowances to
be used for deficit reduction or to reduce the federal debt
Sec. 110. (a) Notwithstanding any other provision of law, any
amounts appropriated under this Act for ``HOUSE OF REPRESENTATIVES--
Salaries and Expenses--Members' Representational Allowances'' shall be
available only for fiscal year 2020. Any amount remaining after all
payments are made under such allowances for fiscal year 2020 shall be
deposited in the Treasury and used for deficit reduction (or, if there
is no Federal budget deficit after all such payments have been made, for
reducing the Federal debt, in such manner as the Secretary of the
Treasury considers appropriate).
(b) <<NOTE: Regulations.>> The Committee on House Administration of
the House of Representatives shall have authority to prescribe
regulations to carry out this section.
(c) <<NOTE: Definition.>> As used in this section, the term ``Member
of the House of Representatives'' means a Representative in, or a
Delegate or Resident Commissioner to, the Congress.
[[Page 133 STAT. 2759]]
limitation on amount available to lease vehicles
Sec. 111. None of the funds made available in this Act may be used
by the Chief Administrative Officer of the House of Representatives to
make any payments from any Members' Representational Allowance for the
leasing of a vehicle, excluding mobile district offices, in an aggregate
amount that exceeds $1,000 for the vehicle in any month.
allowance for compensation of interns in member offices
Sec. 112. (a) Section 120(f) of the Legislative Branch
Appropriations Act, 2019 (2 U.S.C. 5322a(f)) is amended by striking the
period at the end and inserting the following: ``, and such sums as may
be necessary for fiscal year 2020 and each succeeding fiscal year.''.
(b) Section 101(c)(2) of the Legislative Branch Appropriations Act,
1993 (2 U.S.C. 5507(c)(2)) is amended by striking ``and `Office of the
Attending Physician'.'' and inserting `` `Office of the Attending
Physician', and `Allowance for Compensation of Interns in Member
Offices'.''.
(c) <<NOTE: 2 USC 5322a note.>> The amendments made by this section
shall take effect as if included in the enactment of section 120 of the
Legislative Branch Appropriations Act, 2019 (2 U.S.C. 5322a).
allowance for compensation of interns in house leadership offices
Sec. 113. <<NOTE: 2 USC 5106.>> (a) There is established for the
House of Representatives an allowance which shall be available for the
compensation of interns who serve in House leadership offices.
(b) <<NOTE: Applicability.>> Section 104(b) of the House of
Representatives Administrative Reform Technical Corrections Act (2
U.S.C. 5321(b)) shall apply with respect to an intern who is compensated
under the allowance under this section in the same manner as such
section applies with respect to an intern who is compensated under the
Members' Representational Allowance.
(c) <<NOTE: Definitions.>> In this section--
(1) the term ``House leadership office'' means, with respect
to a fiscal year, any office for which the appropriation for
salaries and expenses of the office for the fiscal year is
provided under the heading ``House Leadership Offices'' in the
Act making appropriations for the Legislative Branch for the
fiscal year; and
(2) term ``intern'', with respect to a House leadership
office, has the meaning given such term with respect to a Member
of the House of Representatives in section 104(c)(2) of the
House of Representatives Administrative Reform Technical
Corrections Act (2 U.S.C. 5321(c)(2)).
(d) There are authorized to be appropriated to carry out this
section such sums as may be necessary for fiscal year 2020 and each
succeeding fiscal year.
(e) Section 101(c)(2) of the Legislative Branch Appropriations Act,
1993 (2 U.S.C. 5507(c)(2)), as amended by section 112(b), is further
amended by striking ``, and `Allowance for Compensation of Interns in
Member Offices'.'' and inserting ``, `Allowance for Compensation of
Interns in Member Offices', and `Allowance for Compensation of Interns
in House Leadership Offices'.''.
[[Page 133 STAT. 2760]]
(f) <<NOTE: Applicability.>> This section and the amendments made
by this section shall apply with respect to fiscal year 2020 and each
succeeding fiscal year.
cybersecurity assistance for house of representatives
Sec. 114. The head of any Federal entity that provides assistance
to the House of Representatives in the House's efforts to deter,
prevent, mitigate, or remediate cybersecurity risks to, and incidents
involving, the information systems of the House shall take all necessary
steps to ensure the constitutional integrity of the separate branches of
the government at all stages of providing the assistance, including
applying minimization procedures to limit the spread or sharing of
privileged House and Member information.
rescissions of funds
Sec. 115. (a) Of the unobligated balances available from prior
appropriations Acts from the revolving fund established under House
Resolution 94, Ninety-Eighth Congress, agreed to February 8, 1983, as
enacted into permanent law by section 110 of the Congressional
Operations Appropriations Act, 1984 (2 U.S.C. 4917), $1,000,000 is
hereby rescinded.
(b) Of the unobligated balances available from prior appropriations
Acts from the revolving fund established in the item relating to
``Stationery'' under the heading ``House of Representatives, Contingent
Expenses of the House'' in the first section of the Legislative Branch
Appropriation Act, 1948 (2 U.S.C. 5534), $4,000,000 is hereby rescinded.
use of available balances of expired appropriations
(including transfer of funds)
Sec. 116. (a) <<NOTE: 2 USC 5512.>> Subject to section 119 of the
Legislative Branch Appropriations Act, 2018 (2 U.S.C. 5511), available
balances of expired appropriations for the House of Representatives
shall be available to the House of Representatives--
(1) for the payment of a death gratuity which is
specifically appropriated by law and which is made in connection
with the death of an employee of the House of Representatives,
without regard to the fiscal year in which the payment is made;
and
(2) for deposit into the account established under section
109 of the Legislative Branch Appropriations Act, 1998 (2 U.S.C.
5508) for making payments of the House of Representatives to the
Employees' Compensation Fund under section 8147 of title 5,
United States Code, and for reimbursing the Secretary of Labor
for any amounts paid with respect to unemployment compensation
payments for former employees of the House.
(b) <<NOTE: Applicability.>> This section shall apply with respect
to funds appropriated or otherwise made available in fiscal year 2020
and each succeeding fiscal year.
[[Page 133 STAT. 2761]]
reduction in amount of tuition charged for children of employees of
house child care center
Sec. 117. (a) Section 312(d) of the Legislative Branch
Appropriations Act, 1992 (2 U.S.C. 2062(d)) is amended by adding at the
end the following new paragraph:
``(4) In the case of a child of an employee of the center
who is furnished care at the center, the Chief Administrative
Officer shall reduce the amount of tuition otherwise charged
with respect to such child during a month by the greater of--
``(A) 50 percent; or
``(B) such percentage as may be necessary to ensure
that the total amount of tuition paid by the employee
with respect to all children of the employee who are
furnished care at the center during the month does not
exceed $1,000.''.
(b) Section 312(d)(2) of such Act (2 U.S.C. 2062(d)(2)) is amended
by inserting after ``similar benefits and programs'' the following:
``(including the subsidies provided on behalf of employees of the center
as a result of reductions in the amount of tuition otherwise charged
with respect to children of such employees under paragraph (4))''.
(c) <<NOTE: Applicability. 2 USC 2062 note.>> The amendments made by
this section shall apply with respect to fiscal year 2020 and each
succeeding fiscal year.
JOINT ITEMS
For Joint Committees, as follows:
Joint Economic Committee
For salaries and expenses of the Joint Economic Committee,
$4,203,000, to be disbursed by the Secretary of the Senate.
Joint Congressional Committee on Inaugural Ceremonies of 2021
For salaries and expenses associated with conducting the inaugural
ceremonies of the President and Vice President of the United States,
January 20, 2021, in accordance with such program as may be adopted by
the joint congressional committee authorized to conduct the inaugural
ceremonies of 2021, $1,500,000 to be disbursed by the Secretary of the
Senate and to remain available until September 30, 2021: Provided, That
funds made available under this heading shall be available for payment,
on a direct or reimbursable basis, whether incurred on, before, or
after, October 1, 2020: Provided further, That the compensation of any
employee of the Committee on Rules and Administration of the Senate who
has been designated to perform service with respect to the inaugural
ceremonies of 2021 shall continue to be paid by the Committee on Rules
and Administration, but the account from which such staff member is paid
may be reimbursed for the services of the staff member out of funds made
available under this heading: Provided further, That there are
authorized to be paid from the appropriations account for ``Expenses of
Inquiries and Investigations'' of the Senate such sums as may be
necessary, without
[[Page 133 STAT. 2762]]
fiscal year limitation, for agency contributions related to the
compensation of employees of the joint congressional committee.
Joint Committee on Taxation
For salaries and expenses of the Joint Committee on Taxation,
$11,563,000, to be disbursed by the Chief Administrative Officer of the
House of Representatives.
For other joint items, as follows:
Office of the Attending Physician
For medical supplies, equipment, and contingent expenses of the
emergency rooms, and for the Attending Physician and his assistants,
including:
(1) an allowance of $2,175 per month to the Attending
Physician;
(2) an allowance of $1,300 per month to the Senior Medical
Officer;
(3) an allowance of $725 per month each to three medical
officers while on duty in the Office of the Attending Physician;
(4) an allowance of $725 per month to 2 assistants and $580
per month each not to exceed 11 assistants on the basis
heretofore provided for such assistants; and
(5) <<NOTE: Reimbursement.>> $2,800,000 for reimbursement to
the Department of the Navy for expenses incurred for staff and
equipment assigned to the Office of the Attending Physician,
which shall be advanced and credited to the applicable
appropriation or appropriations from which such salaries,
allowances, and other expenses are payable and shall be
available for all the purposes thereof, $3,868,000, to be
disbursed by the Chief Administrative Officer of the House of
Representatives.
Office of Congressional Accessibility Services
Salaries and Expenses
For salaries and expenses of the Office of Congressional
Accessibility Services, $1,509,000, to be disbursed by the Secretary of
the Senate.
CAPITOL POLICE
Salaries
<<NOTE: Notification.>> For salaries of employees of the Capitol
Police, including overtime, hazardous duty pay, and Government
contributions for health, retirement, social security, professional
liability insurance, and other applicable employee benefits,
$379,062,000 of which overtime shall not exceed $47,048,000 unless the
Committee on Appropriations of the House and Senate are notified, to be
disbursed by the Chief of the Capitol Police or his designee.
General Expenses
For necessary expenses of the Capitol Police, including motor
vehicles, communications and other equipment, security equipment and
installation, uniforms, weapons, supplies, materials, training,
[[Page 133 STAT. 2763]]
medical services, forensic services, stenographic services, personal and
professional services, the employee assistance program, the awards
program, postage, communication services, travel advances, relocation of
instructor and liaison personnel for the Federal Law Enforcement
Training Center, and not more than $5,000 to be expended on the
certification of the Chief of the Capitol Police in connection with
official representation and reception expenses, $85,279,000, to be
disbursed by the Chief of the Capitol Police or his designee: Provided,
That, notwithstanding any other provision of law, the cost of basic
training for the Capitol Police at the Federal Law Enforcement Training
Center for fiscal year 2020 shall be paid by the Secretary of Homeland
Security from funds available to the Department of Homeland Security.
Administrative Provision
Sec. 120. Section 908(c) of the Emergency Supplemental Act, 2002 (2
U.S.C. 1926(c)), is amended by striking ``$40,000'' and inserting
``$60,000''.
OFFICE OF CONGRESSIONAL WORKPLACE RIGHTS
Salaries and Expenses
For salaries and expenses necessary for the operation of the Office
of Congressional Workplace Rights, $6,333,000, of which $1,000,000 shall
remain available until September 30, 2021, and of which not more than
$1,000 may be expended on the certification of the Executive Director in
connection with official representation and reception expenses.
CONGRESSIONAL BUDGET OFFICE
Salaries and Expenses
For salaries and expenses necessary for operation of the
Congressional Budget Office, including not more than $6,000 to be
expended on the certification of the Director of the Congressional
Budget Office in connection with official representation and reception
expenses, $54,941,000: Provided, That the Director shall use not less
than $500,000 of the amount made available under this heading for (1)
improving technical systems, processes, and models for the purpose of
improving the transparency of estimates of budgetary effects to Members
of Congress, employees of Members of Congress, and the public, and (2)
to increase the availability of models, economic assumptions, and data
for Members of Congress, employees of Members of Congress, and the
public.
ARCHITECT OF THE CAPITOL
Capital Construction and Operations
For salaries for the Architect of the Capitol, and other personal
services, at rates of pay provided by law; for all necessary expenses
for surveys and studies, construction, operation, and general and
administrative support in connection with facilities and activities
[[Page 133 STAT. 2764]]
under the care of the Architect of the Capitol including the Botanic
Garden; electrical substations of the Capitol, Senate and House office
buildings, and other facilities under the jurisdiction of the Architect
of the Capitol; including furnishings and office equipment; including
not more than $5,000 for official reception and representation expenses,
to be expended as the Architect of the Capitol may approve; for purchase
or exchange, maintenance, and operation of a passenger motor vehicle,
$120,000,000.
Capitol Building
For all necessary expenses for the maintenance, care and operation
of the Capitol, $68,878,000, of which $40,899,000 shall remain available
until September 30, 2024.
Capitol Grounds
For all necessary expenses for care and improvement of grounds
surrounding the Capitol, the Senate and House office buildings, and the
Capitol Power Plant, $15,024,000, of which $3,000,000 shall remain
available until September 30, 2024.
Senate Office Buildings
For all necessary expenses for the maintenance, care and operation
of Senate office buildings; and furniture and furnishings to be expended
under the control and supervision of the Architect of the Capitol,
$88,424,000, of which $23,100,000 shall remain available until September
30, 2024.
House Office Buildings
(including transfer of funds)
For all necessary expenses for the maintenance, care and operation
of the House office buildings, $153,273,000, of which $30,300,000 shall
remain available until September 30, 2024, and of which $62,000,000
shall remain available until expended for the restoration and renovation
of the Cannon House Office Building: Provided, That of the amount made
available under this heading, $8,000,000 shall be derived by transfer
from the House Office Building Fund established under section 176(d) of
the Continuing Appropriations Act, 2017, as added by section 101(3) of
the Further Continuing Appropriation Act, 2017 (Public Law 114-254; 2
U.S.C. 2001 note).
Capitol Power Plant
For all necessary expenses for the maintenance, care and operation
of the Capitol Power Plant; lighting, heating, power (including the
purchase of electrical energy) and water and sewer services for the
Capitol, Senate and House office buildings, Library of Congress
buildings, and the grounds about the same, Botanic Garden, Senate
garage, and air conditioning refrigeration not supplied from plants in
any of such buildings; heating the Government Publishing Office and
Washington City Post Office, and heating and chilled water for air
conditioning for the Supreme Court Building, the Union Station complex,
the Thurgood Marshall Federal Judiciary
[[Page 133 STAT. 2765]]
Building and the Folger Shakespeare Library, expenses for which shall be
advanced or reimbursed upon request of the Architect of the Capitol and
amounts so received shall be deposited into the Treasury to the credit
of this appropriation, $98,957,000, of which $15,300,000 shall remain
available until September 30, 2024: Provided, That not more than
$10,000,000 of the funds credited or to be reimbursed to this
appropriation as herein provided shall be available for obligation
during fiscal year 2020.
Library Buildings and Grounds
For all necessary expenses for the mechanical and structural
maintenance, care and operation of the Library buildings and grounds,
$55,746,000, of which $25,200,000 shall remain available until September
30, 2024.
Capitol Police Buildings, Grounds and Security
For all necessary expenses for the maintenance, care and operation
of buildings, grounds and security enhancements of the United States
Capitol Police, wherever located, the Alternate Computing Facility, and
Architect of the Capitol security operations, $55,216,000, of which
$28,000,000 shall remain available until September 30, 2024.
Botanic Garden
For all necessary expenses for the maintenance, care and operation
of the Botanic Garden and the nurseries, buildings, grounds, and
collections; and purchase and exchange, maintenance, repair, and
operation of a passenger motor vehicle; all under the direction of the
Joint Committee on the Library, $16,094,000, of which $4,000,000 shall
remain available until September 30, 2024: Provided, That, of the
amount made available under this heading, the Architect of the Capitol
may obligate and expend such sums as may be necessary for the
maintenance, care and operation of the National Garden established under
section 307E of the Legislative Branch Appropriations Act, 1989 (2
U.S.C. 2146), upon vouchers approved by the Architect of the Capitol or
a duly authorized designee.
Capitol Visitor Center
For all necessary expenses for the operation of the Capitol Visitor
Center, $24,321,000.
Administrative Provision
no bonuses for contractors behind schedule or over budget
Sec. 130. <<NOTE: Determination.>> None of the funds made
available in this Act for the Architect of the Capitol may be used to
make incentive or award payments to contractors for work on contracts or
programs for which the contractor is behind schedule or over budget,
unless the Architect of the Capitol, or agency-employed designee,
determines that any such deviations are due to unforeseeable events,
government-driven scope changes, or are not significant within the
overall scope of the project and/or program.
[[Page 133 STAT. 2766]]
LIBRARY OF CONGRESS
Salaries and Expenses
For all necessary expenses of the Library of Congress not otherwise
provided for, including development and maintenance of the Library's
catalogs; custody and custodial care of the Library buildings;
information technology services provided centrally; special clothing;
cleaning, laundering and repair of uniforms; preservation of motion
pictures in the custody of the Library; operation and maintenance of the
American Folklife Center in the Library; preparation and distribution of
catalog records and other publications of the Library; hire or purchase
of one passenger motor vehicle; and expenses of the Library of Congress
Trust Fund Board not properly chargeable to the income of any trust fund
held by the Board, $504,164,000, of which not more than $6,000,000 shall
be derived from collections credited to this appropriation during fiscal
year 2020, and shall remain available until expended, under the Act of
June 28, 1902 (chapter 1301; 32 Stat. 480; 2 U.S.C. 150): Provided,
That the Library of Congress may not obligate or expend any funds
derived from collections under the Act of June 28, 1902, in excess of
the amount authorized for obligation or expenditure in appropriations
Acts: Provided further, That the total amount available for obligation
shall be reduced by the amount by which collections are less than
$6,000,000: Provided further, That of <<NOTE: Certification.>> the
total amount appropriated, not more than $18,000 may be expended, on the
certification of the Librarian of Congress, in connection with official
representation and reception expenses, including for the Overseas Field
Offices: Provided further, That of the total amount appropriated,
$9,110,000 shall remain available until expended for the digital
collections and educational curricula program: Provided further, That
of the total amount appropriated, $1,350,000 shall remain available
until expended for upgrade of the Legislative Branch Financial
Management System: Provided further, That of the total amount
appropriated, $250,000 shall remain available until expended for the
Surplus Books Program to promote the program and facilitate a greater
number of donations to eligible entities across the United States:
Provided further, That of the total amount appropriated, $3,587,000
shall remain available until expended for the Veterans History Project
to continue digitization efforts of already collected materials, reach a
greater number of veterans to record their stories, and promote public
access to the Project: Provided further, That of the total amount
appropriated, $10,000,000 shall remain available until expended for the
development of the Library's Visitor Experience project, and may be
obligated and expended only upon approval by the Subcommittee on the
Legislative Branch of the Committee on Appropriations of the House of
Representatives and by the Subcommittee on the Legislative Branch of the
Committee on Appropriations of the Senate.
Copyright Office
salaries and expenses
For all necessary expenses of the Copyright Office, $91,840,000, of
which not more than $43,221,000, to remain available until
[[Page 133 STAT. 2767]]
expended, shall be derived from collections credited to this
appropriation during fiscal year 2020 under sections 708(d) and 1316 of
title 17, United States Code: Provided, That the Copyright Office may
not obligate or expend any funds derived from collections under such
section in excess of the amount authorized for obligation or expenditure
in appropriations Acts: Provided further, That not more than $6,482,000
shall be derived from collections during fiscal year 2020 under sections
111(d)(2), 119(b)(3), 803(e), and 1005 of such title: Provided further,
That the total amount available for obligation shall be reduced by the
amount by which collections are less than $49,703,000: Provided
further, That of the funds provided under this heading, not less than
$17,100,000 is for modernization initiatives, of which $10,000,000 shall
remain available until September 30, 2021: Provided further, That not
more than $100,000 of the amount appropriated is available for the
maintenance of an ``International Copyright Institute'' in the Copyright
Office of the Library of Congress for the purpose of training nationals
of developing countries in intellectual property laws and policies:
Provided further, That not more than $6,500 may be expended, on the
certification of the Librarian of Congress, in connection with official
representation and reception expenses for activities of the
International Copyright Institute and for copyright delegations,
visitors, and seminars: Provided further, That, notwithstanding any
provision of chapter 8 of title 17, United States Code, any amounts made
available under this heading which are attributable to royalty fees and
payments received by the Copyright Office pursuant to sections 111, 119,
and chapter 10 of such title may be used for the costs incurred in the
administration of the Copyright Royalty Judges program, with the
exception of the costs of salaries and benefits for the Copyright
Royalty Judges and staff under section 802(e).
Congressional Research Service
salaries and expenses
For all necessary expenses to carry out the provisions of section
203 of the Legislative Reorganization Act of 1946 (2 U.S.C. 166) and to
revise and extend the Annotated Constitution of the United States of
America, $120,495,000: Provided, That no part of such amount may be
used to pay any salary or expense in connection with any publication, or
preparation of material therefor (except the Digest of Public General
Bills), to be issued by the Library of Congress unless such publication
has obtained prior approval of either the Committee on House
Administration of the House of Representatives or the Committee on Rules
and Administration of the Senate: Provided further, That this
prohibition does not apply to publication of non-confidential
Congressional Research Service (CRS) products: Provided further, That a
non-confidential CRS product includes any written product containing
research or analysis that is currently available for general
congressional access on the CRS Congressional Intranet, or that would be
made available on the CRS Congressional Intranet in the normal course of
business and does not include material prepared in response to
Congressional requests for confidential analysis or research.
[[Page 133 STAT. 2768]]
National Library Service for the Blind and Print Disabled
salaries and expenses
For all necessary expenses to carry out the Act of March 3, 1931
(chapter 400; 46 Stat. 1487; 2 U.S.C. 135a), $58,563,000: Provided,
That of the total amount appropriated, $650,000 shall be available to
contract to provide newspapers to blind and physically handicapped
residents at no cost to the individual.
Administrative Provision
reimbursable and revolving fund activities
Sec. 140. (a) In General.--For fiscal year 2020, the obligational
authority of the Library of Congress for the activities described in
subsection (b) may not exceed $231,975,000.
(b) Activities.--The activities referred to in subsection (a) are
reimbursable and revolving fund activities that are funded from sources
other than appropriations to the Library in appropriations Acts for the
legislative branch.
GOVERNMENT PUBLISHING OFFICE
Congressional Publishing
(including transfer of funds)
For authorized publishing of congressional information and the
distribution of congressional information in any format; publishing of
Government publications authorized by law to be distributed to Members
of Congress; and publishing, and distribution of Government publications
authorized by law to be distributed without charge to the recipient,
$79,000,000: Provided, That this appropriation shall not be available
for paper copies of the permanent edition of the Congressional Record
for individual Representatives, Resident Commissioners or Delegates
authorized under section 906 of title 44, United States Code: Provided
further, That this appropriation shall be available for the payment of
obligations incurred under the appropriations for similar purposes for
preceding fiscal years: Provided further, That <<NOTE: Time
periods.>> notwithstanding the 2-year limitation under section 718 of
title 44, United States Code, none of the funds appropriated or made
available under this Act or any other Act for printing and binding and
related services provided to Congress under chapter 7 of title 44,
United States Code, may be expended to print a document, report, or
publication after the 27-month period beginning on the date that such
document, report, or publication is authorized by Congress to be
printed, unless Congress reauthorizes such printing in accordance with
section 718 of title 44, United States Code: Provided
further, <<NOTE: Deadline. Time periods.>> That unobligated or
unexpended balances of expired discretionary funds made available under
this heading in this Act for this fiscal year may be transferred to, and
merged with, funds under the heading ``Government Publishing Office
Business Operations Revolving Fund'' no later than the end of the fifth
fiscal year after the last fiscal year for which such funds are
available for the purposes for which appropriated, to be available for
carrying out the purposes of this heading, subject to the approval of
the Committee on Appropriations of the House
[[Page 133 STAT. 2769]]
of Representatives and the Senate: Provided further, That
notwithstanding sections 901, 902, and 906 of title 44, United States
Code, this appropriation may be used to prepare indexes to the
Congressional Record on only a monthly and session basis.
Public Information Programs of the Superintendent of Documents
salaries and expenses
(including transfer of funds)
For expenses of the public information programs of the Office of
Superintendent of Documents necessary to provide for the cataloging and
indexing of Government publications in any format, and their
distribution to the public, Members of Congress, other Government
agencies, and designated depository and international exchange libraries
as authorized by law, $31,296,000: Provided, That amounts of not more
than $2,000,000 from current year appropriations are authorized for
producing and disseminating Congressional serial sets and other related
publications for fiscal years 2018 and 2019 to depository and other
designated libraries: Provided further, <<NOTE: Deadline. Time
period.>> That unobligated or unexpended balances of expired
discretionary funds made available under this heading in this Act for
this fiscal year may be transferred to, and merged with, funds under the
heading ``Government Publishing Office Business Operations Revolving
Fund'' no later than the end of the fifth fiscal year after the last
fiscal year for which such funds are available for the purposes for
which appropriated, to be available for carrying out the purposes of
this heading, subject to the approval of the Committees on
Appropriations of the House of Representatives and the Senate.
Government Publishing Office Business Operations Revolving Fund
For payment to the Government Publishing Office Business Operations
Revolving Fund, $6,704,000, to remain available until expended, for
information technology development and facilities repair: Provided,
That the Government Publishing Office is hereby authorized to make such
expenditures, within the limits of funds available and in accordance
with law, and to make such contracts and commitments without regard to
fiscal year limitations as provided by section 9104 of title 31, United
States Code, as may be necessary in carrying out the programs and
purposes set forth in the budget for the current fiscal year for the
Government Publishing Office Business Operations Revolving Fund:
Provided further, That not <<NOTE: Certification.>> more than $7,500 may
be expended on the certification of the Director of the Government
Publishing Office in connection with official representation and
reception expenses: Provided further, That the Business Operations
Revolving Fund shall be available for the hire or purchase of not more
than 12 passenger motor vehicles: Provided further, That expenditures
in connection with travel expenses of the advisory councils to the
Director of the Government Publishing Office shall be deemed necessary
to carry out the provisions of title 44, United States Code: Provided
further, That the Business Operations Revolving Fund shall be available
for temporary or intermittent services under section
[[Page 133 STAT. 2770]]
3109(b) of title 5, United States Code, but at rates for individuals not
more than the daily equivalent of the annual rate of basic pay for level
V of the Executive Schedule under section 5316 of such title: Provided
further, That activities financed through the Business Operations
Revolving Fund may provide information in any format: Provided further,
That the Business Operations Revolving Fund and the funds provided under
the heading ``Public Information Programs of the Superintendent of
Documents'' may not be used for contracted security services at
Government Publishing Office's passport facility in the District of
Columbia.
GOVERNMENT ACCOUNTABILITY OFFICE
Salaries and Expenses
For necessary expenses of the Government Accountability Office,
including not more than $12,500 to be expended on the certification of
the Comptroller General of the United States in connection with official
representation and reception expenses; temporary or intermittent
services under section 3109(b) of title 5, United States Code, but at
rates for individuals not more than the daily equivalent of the annual
rate of basic pay for level IV of the Executive Schedule under section
5315 of such title; hire of one passenger motor vehicle; advance
payments in foreign countries in accordance with section 3324 of title
31, United States Code; benefits comparable to those payable under
sections 901(5), (6), and (8) of the Foreign Service Act of 1980 (22
U.S.C. 4081(5), (6), and (8)); and under regulations prescribed by the
Comptroller General of the United States, rental of living quarters in
foreign countries, $630,000,000: Provided, That, in addition,
$24,800,000 of payments received under sections 782, 791, 3521, and 9105
of title 31, United States Code, shall be available without fiscal year
limitation: Provided further, That this appropriation and
appropriations for administrative expenses of any other department or
agency which is a member of the National Intergovernmental Audit Forum
or a Regional Intergovernmental Audit Forum shall be available to
finance an appropriate share of either Forum's costs as determined by
the respective Forum, including necessary travel expenses of non-Federal
participants: Provided further, That payments hereunder to the Forum
may be credited as reimbursements to any appropriation from which costs
involved are initially financed.
OPEN WORLD LEADERSHIP CENTER TRUST FUND
For a payment to the Open World Leadership Center Trust Fund for
financing activities of the Open World Leadership Center under section
313 of the Legislative Branch Appropriations Act, 2001 (2 U.S.C. 1151),
$5,900,000: Provided, <<NOTE: Russia.>> That funds made available to
support Russian participants shall only be used for those engaging in
free market development, humanitarian activities, and civic engagement,
and shall not be used for officials of the central government of Russia.
[[Page 133 STAT. 2771]]
JOHN C. STENNIS CENTER FOR PUBLIC SERVICE TRAINING AND DEVELOPMENT
For payment to the John C. Stennis Center for Public Service
Development Trust Fund established under section 116 of the John C.
Stennis Center for Public Service Training and Development Act (2 U.S.C.
1105), $430,000.
TITLE II
GENERAL PROVISIONS
maintenance and care of private vehicles
Sec. 201. No part of the funds appropriated in this Act shall be
used for the maintenance or care of private vehicles, except for
emergency assistance and cleaning as may be provided under regulations
relating to parking facilities for the House of Representatives issued
by the Committee on House Administration and for the Senate issued by
the Committee on Rules and Administration.
fiscal year limitation
Sec. 202. No part of the funds appropriated in this Act shall
remain available for obligation beyond fiscal year 2020 unless expressly
so provided in this Act.
rates of compensation and designation
Sec. 203. Whenever in this Act any office or position not
specifically established by the Legislative Pay Act of 1929 (46 Stat. 32
et seq.) is appropriated for or the rate of compensation or designation
of any office or position appropriated for is different from that
specifically established by such Act, the rate of compensation and the
designation in this Act shall be the permanent law with respect thereto:
Provided, That the provisions in this Act for the various items of
official expenses of Members, officers, and committees of the Senate and
House of Representatives, and clerk hire for Senators and Members of the
House of Representatives shall be the permanent law with respect
thereto.
consulting services
Sec. 204. <<NOTE: Contracts. Public information.>> The expenditure
of any appropriation under this Act for any consulting service through
procurement contract, under section 3109 of title 5, United States Code,
shall be limited to those contracts where such expenditures are a matter
of public record and available for public inspection, except where
otherwise provided under existing law, or under existing Executive order
issued under existing law.
costs of lbfmc
Sec. 205. Amounts available for administrative expenses of any
legislative branch entity which participates in the Legislative Branch
Financial Managers Council (LBFMC) established by charter on March 26,
1996, shall be available to finance an appropriate share of LBFMC costs
as determined by the LBFMC, except that the total LBFMC costs to be
shared among all participating
[[Page 133 STAT. 2772]]
legislative branch entities (in such allocations among the entities as
the entities may determine) may not exceed $2,000.
limitation on transfers
Sec. 206. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriation Act.
guided tours of the capitol
Sec. 207. (a) Except as provided in subsection (b), none of the
funds made available to the Architect of the Capitol in this Act may be
used to eliminate or restrict guided tours of the United States Capitol
which are led by employees and interns of offices of Members of Congress
and other offices of the House of Representatives and Senate, unless
through regulations as authorized by section 402(b)(8) of the Capitol
Visitor Center Act of 2008 (2 U.S.C. 2242(b)(8)).
(b) At the direction of the Capitol Police Board, or at the
direction of the Architect of the Capitol with the approval of the
Capitol Police Board, guided tours of the United States Capitol which
are led by employees and interns described in subsection (a) may be
suspended temporarily or otherwise subject to restriction for security
or related reasons to the same extent as guided tours of the United
States Capitol which are led by the Architect of the Capitol.
limitation on telecommunications equipment procurement
Sec. 208. <<NOTE: Huawei Technologies Company. ZTE
Corporation. Reviews.>> (a) None of the funds appropriated or otherwise
made available under this Act may be used to acquire telecommunications
equipment produced by Huawei Technologies Company, ZTE Corporation or a
high-impact or moderate-impact information system, as defined for
security categorization in the National Institute of Standards and
Technology's (NIST) Federal Information Processing Standard Publication
199, ``Standards for Security Categorization of Federal Information and
Information Systems'' unless the agency, office, or other entity
acquiring the equipment or system has--
(1) reviewed the supply chain risk for the information
systems against criteria developed by NIST to inform acquisition
decisions for high-impact and moderate-impact information
systems within the Federal Government;
(2) reviewed the supply chain risk from the presumptive
awardee against available and relevant threat information
provided by the Federal Bureau of Investigation and other
appropriate agencies; and
(3) <<NOTE: Consultation. Assessment. Cyber
threats. China. Iran. North Korea. Russia.>> in consultation
with the Federal Bureau of Investigation or other appropriate
Federal entity, conducted an assessment of any risk of cyber-
espionage or sabotage associated with the acquisition of such
system, including any risk associated with such system being
produced, manufactured, or assembled by one or more entities
identified by the United States Government as posing a cyber
threat, including but not limited to, those that may be owned,
directed, or subsidized by the People's
[[Page 133 STAT. 2773]]
Republic of China, the Islamic Republic of Iran, the Democratic
People's Republic of Korea, or the Russian Federation.
(b) <<NOTE: Determination.>> None of the funds appropriated or
otherwise made available under this Act may be used to acquire a high-
impact or moderate impact information system reviewed and assessed under
subsection (a) unless the head of the assessing entity described in
subsection (a) has--
(1) developed, in consultation with NIST and supply chain
risk management experts, a mitigation strategy for any
identified risks;
(2) determined, in consultation with NIST and the Federal
Bureau of Investigation, that the acquisition of such system is
in the vital national security interest of the United States;
and
(3) reported that determination to the Committees on
Appropriations of the House of Representatives and the Senate in
a manner that identifies the system intended for acquisition and
a detailed description of the mitigation strategies identified
in paragraph (1), provided that such report may include a
classified annex as necessary.
prohibition on certain operational expenses
Sec. 209. (a) <<NOTE: Pornography.>> None of the funds made
available in this Act may be used to maintain or establish a computer
network unless such network blocks the viewing, downloading, and
exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds necessary
for any Federal, State, tribal, or local law enforcement agency or any
other entity carrying out criminal investigations, prosecution, or
adjudication activities or other official government activities.
plastic waste reduction
Sec. 210. All <<NOTE: Coordination. Consultation.>> agencies and
offices funded by this division that contract with a food service
provider or providers shall confer and coordinate with such food service
provider or providers, in consultation with disability advocacy groups,
to eliminate or reduce plastic waste, including waste from plastic
straws, explore the use of biodegradable items, and increase recycling
and composting opportunities.
adjustment to normal cost percentage rates
Sec. 211. Section 8423(a)(1)(B)(i) of title 5, United States Code,
is amended by inserting ``(including a separate normal-cost percentage
for Congressional employees that are members of the Capitol Police
covered under subsection (d) of section 8412 and subsection (c) of
section 8425)'' after ``Congressional employees''.
congressional staff compensation
Sec. 212. (a) Senate.--
(1) Change in maximum rates.--
(A) In general.--Section 105 of the Legislative
Branch Appropriation Act, 1968 (2 U.S.C. 4575) is
amended--
[[Page 133 STAT. 2774]]
(i) in subsection (d)(2), in the second
sentence, by striking ``or in excess'' and all
that follows through ``per annum.'' and inserting
``or in excess of $173,900.'';
(ii) in subsection (e)(3)(B), by striking ``in
excess of'' and all that follows and inserting
``in excess of $173,900.''; and
(iii) in subsection (f), in the first
sentence, by striking ``or in excess'' and all
that follows through ``unless expressly'' and
inserting ``or in excess of $173,900, unless
expressly''.
(B) <<NOTE: 2 USC 4575a.>> Authority for statutory
employees.--
(i) Fixed salary positions.--For any position
for which the Secretary of the Senate disburses
the pay for the position and for which the
specific amount of the rate of pay for the
particular position is fixed by statute on the day
before the effective date of the amendments made
by this section, on and after such effective date
the amount of the rate of pay for such position
shall be fixed by the President pro tempore in an
amount not to exceed the maximum rate of pay in
effect under section 105(f) of the Legislative
Branch Appropriation Act, 1968 (2 U.S.C. 4575(f)).
(ii) Positions with maximums.--For any
position for which the Secretary of the Senate
disburses the pay for the position and for which
the maximum rate of pay for the particular
position is fixed by statute on the day before the
effective date of the amendments made by this
section, on and after such effective date the
maximum rate of pay for such position shall be
fixed by the President pro tempore, which shall
not exceed the maximum rate of pay in effect under
section 105(f) of the Legislative Branch
Appropriation Act, 1968 (2 U.S.C. 4575(f)).
(2) Adjustments.--
(A) In general.--Section 4 of the Federal Pay
Comparability Act of 1970 (2 U.S.C. 4571) is amended--
(i) in subsection (a)--
(I) in paragraph (1)--
(aa) in subparagraph (A), by
striking ``or'' at the end; and
(bb) by striking
subparagraph (B) and inserting
the following:
``(B) in the case of such personnel appointed to positions
for which the rates of pay for the particular positions were
fixed by or pursuant to law at specific rates on the day before
the effective date of the amendments made by section 212 of the
Legislative Branch Appropriations Act, 2020, adjust such rates;
and
``(C) in the case of such personnel appointed to positions
for which the maximum rates of pay for the particular positions
were fixed by or pursuant to law on the day before such
effective date, adjust such maximum rates; and''; and
(II) in the matter following
paragraph (2)--
(aa) by striking ``and with
such exceptions as may be
necessary to provide for
appropriate pay relationships
between positions''; and
[[Page 133 STAT. 2775]]
(bb) by striking ``to
restore'' and all that follows
through ``between positions.''
and inserting ``to maintain the
pay relationships that existed
on the effective date of the
amendments made by section 212
of the Legislative Branch
Appropriations Act, 2020 between
the maximum rate of pay for
Senate personnel and
Senators.''; and
(ii) in subsection (d), by striking ``to
restore'' and all that follows and inserting ``to
maintain the pay relationships that existed on the
effective date of the amendments made by section
212 of the Legislative Branch Appropriations Act,
2020 between the maximum rate of pay for Senate
personnel and Senators.''.
(B) Other adjustments.--Section 315(a) of the
Legislative Branch Appropriations Act, 1991 (2 U.S.C.
4573(a)) is amended by striking ``to the extent
necessary to maintain'' and all that follows and
inserting ``(including such personnel appointed to
positions for which the specific amount of the rate of
pay for the particular position is fixed by statute on
the day before the effective date of the amendments made
by section 212 of the Legislative Branch Appropriations
Act, 2020 and such personnel appointed to positions for
which the maximum rates of pay for the particular
positions were fixed by or pursuant to law on the day
before such effective date) to the extent necessary to
maintain the pay relationships that existed on such
effective date between the maximum rate of pay for
Senate personnel and Senators.''.
(3) Conforming amendments.--
(A) <<NOTE: Repeal.>> Section 105 of the
Legislative Branch Appropriation Act, 1976 (Public Law
94-59; 89 Stat. 275) <<NOTE: 2 USC 61h--61h-2, 61j, 273,
274 note, 4575 note, 6151 and note, 6531 and note, 6534-
6537 and note, 6591.>> is repealed.
(B) Section 201(a)(5)(A) of the Congressional Budget
Act of 1974 (2 U.S.C. 601(a)(5)(A)) is amended by
striking ``the lower of--'' and all that follows and
inserting ``the maximum rate of pay in effect under
section 105(f) of the Legislative Branch Appropriation
Act, 1968 (2 U.S.C. 4575(f)).''.
(C) Section 302(a)(2)(B) of the Congressional
Accountability Act of 1995 (2 U.S.C. 1382(a)(2)(B)) is
amended by striking ``the lesser of--'' and all that
follows and inserting ``the maximum rate of pay in
effect under section 105(f) of the Legislative Branch
Appropriation Act, 1968 (2 U.S.C. 4575(f)).''.
(D) The first section of the Act entitled ``An Act
to fix the annual rates of pay for the Architect of the
Capitol and the Assistant Architect of the Capitol'' (2
U.S.C. 1802) is amended to read as follows:
``SECTION 1. COMPENSATION.
``The compensation of the Architect of the Capitol shall be at an
annual rate which is equal to the maximum rate of pay in effect under
section 105(f) of the Legislative Branch Appropriation Act, 1968 (2
U.S.C. 4575(f)).''.
(E) Subsection (c) of the first section of the Act
entitled ``An Act to establish by law the position of
Chief of the Capitol Police, and for other purposes'' (2
U.S.C. 1902)
[[Page 133 STAT. 2776]]
is amended by striking ``the lower of'' and all that
follows and inserting ``the maximum rate of pay in
effect under section 105(f) of the Legislative Branch
Appropriation Act, 1968 (2 U.S.C. 4575(f)).''.
(F) Senate Resolution 89, 100th Congress, agreed to
January 28, 1987, as enacted into law by section 9 of
the Legislative Branch Appropriations Act, 1990 (2
U.S.C. 6133), is amended in subsection (a) of the first
section by striking ``by the appropriate Leader'' and
all that follows and inserting ``by the appropriate
Leader.''.
(G) <<NOTE: Repeal.>> Section 2(a) of the
Legislative Branch Appropriations Act, 1988 (as enacted
into law by section 101(i) of Public Law 100-202 (101
Stat. 1329-290)) (2 U.S.C. 6651) is repealed.
(H) <<NOTE: Repeal.>> Section 203(g) of the Federal
Legislative Salary Act of 1964 (Public Law 88-426; 78
Stat. 415) <<NOTE: 2 USC 273, 6531, 6591.>> is
repealed.
(I) Section 701 of the Ethics in Government Act of
1978 (2 U.S.C. 288) is amended--
(i) by striking paragraph (4) of subsection
(a); and
(ii) in subsection (b)(1), by striking the
second sentence.
(b) House of Representatives.--
(1) Adjustments by speaker of the house.--Section 311(d) of
the Legislative Branch Appropriations Act, 1988 (as enacted into
law by section 101(i) of Public Law 100-202 (101 Stat. 1329-
290)) (2 U.S.C. 4532) is amended--
(A) in paragraph (1)--
(i) by striking ``and'' at the end of
subparagraph (A);
(ii) by striking the period at the end of
subparagraph (B) and inserting ``; and''; and
(iii) by adding at the end the following new
subparagraph:
``(C) the maintenance of the pay relationship described in
paragraph (3).'';
(B) by redesignating paragraph (3) as paragraph (4);
and
(C) by inserting after paragraph (2) the following
new paragraph:
``(3) The pay relationship described in this paragraph is the
relationship in existence as of the effective date of the amendments
made by section 212 of the Legislative Branch Appropriations Act, 2020
between--
``(A) an annual rate of pay of $173,900; and
``(B) the annual rate of pay of a Member of the House of
Representatives who is not the Speaker, Majority Leader, or
Minority Leader of the House.''.
(2) Pay adjustments by chief administrative officer.--
Section 4(e) of the Federal Pay Comparability Act of 1970 (2
U.S.C. 4531(e)) is amended to read as follows:
``(e) No rate of pay for any position shall be adjusted under this
section to an amount in excess of the rate of pay in effect for such
position under an order issued by the Speaker of the House of
Representatives pursuant to the authority of section 311(d) of the
Legislative Branch Appropriations Act, 1988 (2 U.S.C. 4532).''.
(3) Certain positions of the house of representatives.--
[[Page 133 STAT. 2777]]
(A) Legislative counsel.--Section 523 of the
Legislative Reorganization Act of 1970 (2 U.S.C. 282b)
is amended--
(i) in subsection (a), by striking ``equal to
the rate of basic pay'' and all that follows and
inserting ``equal to the greater of $173,900 or
the rate of pay in effect for such position under
an order issued by the Speaker of the House of
Representatives pursuant to the authority of
section 311(d) of the Legislative Branch
Appropriations Act, 1988 (2 U.S.C. 4532).''; and
(ii) in subsection (b), by striking ``in
excess of the rate of basic pay'' and all that
follows and inserting ``in excess of the
applicable rate of pay in effect under an order
issued by the Speaker of the House of
Representatives pursuant to the authority of
section 311(d) of the Legislative Branch
Appropriations Act, 1988 (2 U.S.C. 4532).''.
(B) Law revision counsel.--Section 205(f) of House
Resolution 988, 93rd Congress, agreed to October 8,
1974, as enacted into law by the matter under the
heading ``Administrative Provisions'' under the heading
``HOUSE OF REPRESENTATIVES'' under chapter III of title
I of the Supplemental Appropriations Act, 1975 (2 U.S.C.
285e), is amended by striking ``Law Revision Counsel
shall be paid'' and all that follows and inserting ``Law
Revision Counsel shall be paid at a per annum gross rate
determined by the Speaker not to exceed the greater of
$173,900 or the rate of pay in effect for such position
under an order issued by the Speaker pursuant to the
authority of section 311(d) of the Legislative Branch
Appropriations Act, 1988 (2 U.S.C. 4532); and members of
the staff of the Office other than the Law Revision
Counsel shall be paid at per annum gross rates fixed by
the Law Revision Counsel with the approval of the
Speaker or in accordance with policies approved by the
Speaker, but not in excess of the applicable rate of pay
in effect under an order issued by the Speaker pursuant
to the authority of such section.''.
(C) Parliamentarian.--Section 4 of House Resolution
502, 95th Congress, agreed to April 20, 1977, as enacted
into law by section 115 of the Legislative Branch
Appropriation Act, 1978 (2 U.S.C. 287c), is amended--
(i) in subsection (a), by striking ``but not
in excess'' and all that follows and inserting
``but not in excess of the greater of $173,900 or
the rate of pay in effect for such position under
an order issued by the Speaker of the House of
Representatives pursuant to the authority of
section 311(d) of the Legislative Branch
Appropriations Act, 1988 (2 U.S.C. 4532).''; and
(ii) in subsection (b), by striking ``, but
not in excess of the rate of basic pay set forth
in subsection (a)'' and inserting ``but not in
excess of the applicable rate of pay in effect
under an order issued by the Speaker of the House
of Representatives pursuant to the authority of
section 311(d) of the Legislative Branch
Appropriations Act, 1988 (2 U.S.C. 4532)''.
(D) Chaplain.--Section 3 of House Resolution 661,
95th Congress, agreed to July 29, 1977, as enacted into
[[Page 133 STAT. 2778]]
law by section 111 of the Legislative Branch
Appropriation Act, 1979 (2 U.S.C. 5521), is amended by
striking section 3 and inserting the following:
``Sec. 3. The maximum per year gross rate of compensation of the
Chaplain of the House of Representatives shall not exceed the greater of
$173,900 or the rate of pay in effect for such position under an order
issued by the Speaker of the House of Representatives pursuant to the
authority of section 311(d) of the Legislative Branch Appropriations
Act, 1988 (2 U.S.C. 4532).''.
(E) Certain leadership employees.--Subsection (b) of
the first section of House Resolution 393, 95th
Congress, agreed to March 31, 1977, as enacted into law
by section 115 of the Legislative Branch Appropriation
Act, 1978 (2 U.S.C. 5141(b)), is amended by striking
``The annual rate'' and all that follows through
``United States Code,'' and inserting the following:
``The maximum annual rate of compensation for any
individual employed under subsection (a) shall not
exceed the greater of $173,900 or the applicable rate of
pay in effect under an order issued by the Speaker of
the House of Representatives pursuant to the authority
of section 311(d) of the Legislative Branch
Appropriations Act, 1988 (2 U.S.C. 4532),''.
(4) Chief of staff of joint committee on taxation.--Section
214(e) of the Postal Revenue and Federal Salary Act of 1967 (2
U.S.C. 4302) is amended by striking ``The per annum rate of
compensation'' and all that follows through the period at the
end and inserting the following: ``The maximum annual rate of
compensation of the Chief of Staff of the Joint Committee on
Taxation shall not exceed the greater of $173,900 or the rate of
pay in effect for such position under an order issued by the
Speaker of the House of Representatives pursuant to the
authority of section 311(d) of the Legislative Branch
Appropriations Act, 1988 (2 U.S.C. 4532).''.
(c) <<NOTE: 2 USC 282b note.>> Effective Date.--This section and
the amendments made by this section shall take effect on the later of--
(1) the first day of the first applicable pay period
beginning on or after January 1, 2020; or
(2) the first day of the first applicable pay period
beginning on or after the date of enactment of this Act.
This division may be cited as the ``Legislative Branch
Appropriations Act, 2020''.
DIVISION <<NOTE: Military Construction, Veterans Affairs, and Related
Agencies Appropriations Act, 2020.>> F--MILITARY CONSTRUCTION, VETERANS
AFFAIRS, AND RELATED AGENCIES APPROPRIATIONS ACT, 2020
TITLE I
DEPARTMENT OF DEFENSE
Military Construction, Army
For acquisition, construction, installation, and equipment of
temporary or permanent public works, military installations, facilities,
and real property for the Army as currently authorized by law, including
personnel in the Army Corps of Engineers and other personal services
necessary for the purposes of this appropriation, and for construction
and operation of facilities in support of the
[[Page 133 STAT. 2779]]
functions of the Commander in Chief, $1,178,499,000, to remain available
until September 30, 2024: Provided,
That, <<NOTE: Determination. Notification.>> of this amount, not to
exceed $136,099,000 shall be available for study, planning, design,
architect and engineer services, and host nation support, as authorized
by law, unless the Secretary of the Army determines that additional
obligations are necessary for such purposes and notifies the Committees
on Appropriations of both Houses of Congress of the determination and
the reasons therefor.
Military Construction, Navy and Marine Corps
For acquisition, construction, installation, and equipment of
temporary or permanent public works, naval installations, facilities,
and real property for the Navy and Marine Corps as currently authorized
by law, including personnel in the Naval Facilities Engineering Command
and other personal services necessary for the purposes of this
appropriation, $2,449,632,000, to remain available until September 30,
2024: Provided, That, <<NOTE: Determination. Notification.>> of this
amount, not to exceed $178,715,000 shall be available for study,
planning, design, and architect and engineer services, as authorized by
law, unless the Secretary of the Navy determines that additional
obligations are necessary for such purposes and notifies the Committees
on Appropriations of both Houses of Congress of the determination and
the reasons therefor.
Military Construction, Air Force
For acquisition, construction, installation, and equipment of
temporary or permanent public works, military installations, facilities,
and real property for the Air Force as currently authorized by law,
$1,687,230,000, to remain available until September 30, 2024: Provided,
That, <<NOTE: Determination. Notification.>> of this amount, not to
exceed $153,148,000 shall be available for study, planning, design, and
architect and engineer services, as authorized by law, unless the
Secretary of the Air Force determines that additional obligations are
necessary for such purposes and notifies the Committees on
Appropriations of both Houses of Congress of the determination and the
reasons therefor.
Military Construction, Defense-Wide
(including transfer of funds)
For acquisition, construction, installation, and equipment of
temporary or permanent public works, installations, facilities, and real
property for activities and agencies of the Department of Defense (other
than the military departments), as currently authorized by law,
$2,362,529,000, to remain available until September 30, 2024: Provided,
That such amounts of this appropriation as may be determined by the
Secretary of Defense may be transferred to such appropriations of the
Department of Defense available for military construction or family
housing as the Secretary may designate, to be merged with and to be
available for the same purposes, and for the same time period, as the
appropriation or fund to which transferred: Provided further,
That, <<NOTE: Determination. Notification.>> of the amount, not to
exceed $298,655,000 shall be available for study, planning, design, and
architect and engineer services, as authorized by law, unless the
Secretary of Defense determines that additional obligations
[[Page 133 STAT. 2780]]
are necessary for such purposes and notifies the Committees on
Appropriations of both Houses of Congress of the determination and the
reasons therefor.
Military Construction, Army National Guard
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the Army
National Guard, and contributions therefor, as authorized by chapter
1803 of title 10, United States Code, and Military Construction
Authorization Acts, $210,819,000, to remain available until September
30, 2024: Provided, That, <<NOTE: Determination. Notification.>> of
the amount, not to exceed $20,469,000 shall be available for study,
planning, design, and architect and engineer services, as authorized by
law, unless the Director of the Army National Guard determines that
additional obligations are necessary for such purposes and notifies the
Committees on Appropriations of both Houses of Congress of the
determination and the reasons therefor.
Military Construction, Air National Guard
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the Air
National Guard, and contributions therefor, as authorized by chapter
1803 of title 10, United States Code, and Military Construction
Authorization Acts, $164,471,000, to remain available until September
30, 2024: Provided, That, <<NOTE: Determination. Notification.>> of
the amount, not to exceed $17,000,000 shall be available for study,
planning, design, and architect and engineer services, as authorized by
law, unless the Director of the Air National Guard determines that
additional obligations are necessary for such purposes and notifies the
Committees on Appropriations of both Houses of Congress of the
determination and the reasons therefor.
Military Construction, Army Reserve
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the Army
Reserve as authorized by chapter 1803 of title 10, United States Code,
and Military Construction Authorization Acts, $60,928,000, to remain
available until September 30, 2024: Provided,
That, <<NOTE: Determination. Notification.>> of the amount, not to
exceed $6,000,000 shall be available for study, planning, design, and
architect and engineer services, as authorized by law, unless the Chief
of the Army Reserve determines that additional obligations are necessary
for such purposes and notifies the Committees on Appropriations of both
Houses of Congress of the determination and the reasons therefor.
Military Construction, Navy Reserve
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the
reserve components of the Navy and Marine Corps as authorized by chapter
1803 of title 10, United States Code, and Military Construction
Authorization Acts, $54,955,000, to remain available until September 30,
2024: Provided, That, <<NOTE: Determination. Notification.>> of the
amount, not to exceed $4,780,000 shall be available for study, planning,
design, and architect and engineer services, as authorized by law,
unless
[[Page 133 STAT. 2781]]
the Secretary of the Navy determines that additional obligations are
necessary for such purposes and notifies the Committees on
Appropriations of both Houses of Congress of the determination and the
reasons therefor.
Military Construction, Air Force Reserve
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the Air
Force Reserve as authorized by chapter 1803 of title 10, United States
Code, and Military Construction Authorization Acts, $59,750,000, to
remain available until September 30, 2024: Provided,
That, <<NOTE: Determination. Notification.>> of the amount, not to
exceed $4,604,000 shall be available for study, planning, design, and
architect and engineer services, as authorized by law, unless the Chief
of the Air Force Reserve determines that additional obligations are
necessary for such purposes and notifies the Committees on
Appropriations of both Houses of Congress of the determination and the
reasons therefor.
North Atlantic Treaty Organization
Security Investment Program
For the United States share of the cost of the North Atlantic Treaty
Organization Security Investment Program for the acquisition and
construction of military facilities and installations (including
international military headquarters) and for related expenses for the
collective defense of the North Atlantic Treaty Area as authorized by
section 2806 of title 10, United States Code, and Military Construction
Authorization Acts, $172,005,000, to remain available until expended.
Department of Defense Base Closure Account
For deposit into the Department of Defense Base Closure Account,
established by section 2906(a) of the Defense Base Closure and
Realignment Act of 1990 (10 U.S.C. 2687 note), $398,526,000, to remain
available until expended.
Family Housing Construction, Army
For expenses of family housing for the Army for construction,
including acquisition, replacement, addition, expansion, extension, and
alteration, as authorized by law, $141,372,000, to remain available
until September 30, 2024.
Family Housing Operation and Maintenance, Army
For expenses of family housing for the Army for operation and
maintenance, including debt payment, leasing, minor construction,
principal and interest charges, and insurance premiums, as authorized by
law, $357,907,000.
Family Housing Construction, Navy and Marine Corps
For expenses of family housing for the Navy and Marine Corps for
construction, including acquisition, replacement, addition,
[[Page 133 STAT. 2782]]
expansion, extension, and alteration, as authorized by law, $47,661,000,
to remain available until September 30, 2024.
Family Housing Operation and Maintenance, Navy and Marine Corps
For expenses of family housing for the Navy and Marine Corps for
operation and maintenance, including debt payment, leasing, minor
construction, principal and interest charges, and insurance premiums, as
authorized by law, $317,870,000.
Family Housing Construction, Air Force
For expenses of family housing for the Air Force for construction,
including acquisition, replacement, addition, expansion, extension, and
alteration, as authorized by law, $103,631,000, to remain available
until September 30, 2024.
Family Housing Operation and Maintenance, Air Force
For expenses of family housing for the Air Force for operation and
maintenance, including debt payment, leasing, minor construction,
principal and interest charges, and insurance premiums, as authorized by
law, $295,016,000.
Family Housing Operation and Maintenance, Defense-Wide
For expenses of family housing for the activities and agencies of
the Department of Defense (other than the military departments) for
operation and maintenance, leasing, and minor construction, as
authorized by law, $57,000,000.
Department of Defense
Family Housing Improvement Fund
For the Department of Defense Family Housing Improvement Fund,
$3,045,000, to remain available until expended, for family housing
initiatives undertaken pursuant to section 2883 of title 10, United
States Code, providing alternative means of acquiring and improving
military family housing and supporting facilities.
Department of Defense
Military Unaccompanied Housing Improvement Fund
For the Department of Defense Military Unaccompanied Housing
Improvement Fund, $500,000, to remain available until expended, for
unaccompanied housing initiatives undertaken pursuant to section 2883 of
title 10, United States Code, providing alternative means of acquiring
and improving military unaccompanied housing and supporting facilities.
Administrative Provisions
Sec. 101. None <<NOTE: Contracts.>> of the funds made available in
this title shall be expended for payments under a cost-plus-a-fixed-fee
contract for construction, where cost estimates exceed $25,000, to be
performed within the United States, except Alaska, without the specific
[[Page 133 STAT. 2783]]
approval in writing of the Secretary of Defense setting forth the
reasons therefor.
Sec. 102. Funds made available in this title for construction shall
be available for hire of passenger motor vehicles.
Sec. 103. Funds <<NOTE: Certification.>> made available in this
title for construction may be used for advances to the Federal Highway
Administration, Department of Transportation, for the construction of
access roads as authorized by section 210 of title 23, United States
Code, when projects authorized therein are certified as important to the
national defense by the Secretary of Defense.
Sec. 104. None of the funds made available in this title may be
used to begin construction of new bases in the United States for which
specific appropriations have not been made.
Sec. 105. None <<NOTE: Determinations.>> of the funds made
available in this title shall be used for purchase of land or land
easements in excess of 100 percent of the value as determined by the
Army Corps of Engineers or the Naval Facilities Engineering Command,
except: (1) where there is a determination of value by a Federal court;
(2) purchases negotiated by the Attorney General or the designee of the
Attorney General; (3) where the estimated value is less than $25,000; or
(4) as otherwise determined by the Secretary of Defense to be in the
public interest.
Sec. 106. None of the funds made available in this title shall be
used to: (1) acquire land; (2) provide for site preparation; or (3)
install utilities for any family housing, except housing for which funds
have been made available in annual Acts making appropriations for
military construction.
Sec. 107. None <<NOTE: Notification.>> of the funds made available
in this title for minor construction may be used to transfer or relocate
any activity from one base or installation to another, without prior
notification to the Committees on Appropriations of both Houses of
Congress.
Sec. 108. None <<NOTE: Steel.>> of the funds made available in
this title may be used for the procurement of steel for any construction
project or activity for which American steel producers, fabricators, and
manufacturers have been denied the opportunity to compete for such steel
procurement.
Sec. 109. None of the funds available to the Department of Defense
for military construction or family housing during the current fiscal
year may be used to pay real property taxes in any foreign nation.
Sec. 110. None <<NOTE: Notification.>> of the funds made available
in this title may be used to initiate a new installation overseas
without prior notification to the Committees on Appropriations of both
Houses of Congress.
Sec. 111. None <<NOTE: Japan. Contracts.>> of the funds made
available in this title may be obligated for architect and engineer
contracts estimated by the Government to exceed $500,000 for projects to
be accomplished in Japan, in any North Atlantic Treaty Organization
member country, or in countries bordering the Arabian Gulf, unless such
contracts are awarded to United States firms or United States firms in
joint venture with host nation firms.
Sec. 112. None <<NOTE: Kwajalein Atoll. Contracts.>> of the funds
made available in this title for military construction in the United
States territories and possessions in the Pacific and on Kwajalein
Atoll, or in countries bordering the Arabian Gulf, may be used to award
any contract estimated by the Government to exceed $1,000,000 to a
foreign contractor: Provided, That this section shall not be applicable
to contract
[[Page 133 STAT. 2784]]
awards for which the lowest responsive and responsible bid of a United
States contractor exceeds the lowest responsive and responsible bid of a
foreign contractor by greater than 20 percent: Provided further, That
this section shall not apply to contract awards for military
construction on Kwajalein Atoll for which the lowest responsive and
responsible bid is submitted by a Marshallese contractor.
Sec. 113. The <<NOTE: Notification. Military exercise. Deadline.>>
Secretary of Defense shall inform the appropriate committees of both
Houses of Congress, including the Committees on Appropriations, of plans
and scope of any proposed military exercise involving United States
personnel 30 days prior to its occurring, if amounts expended for
construction, either temporary or permanent, are anticipated to exceed
$100,000.
Sec. 114. Funds appropriated to the Department of Defense for
construction in prior years shall be available for construction
authorized for each such military department by the authorizations
enacted into law during the current session of Congress.
Sec. 115. For military construction or family housing projects that
are being completed with funds otherwise expired or lapsed for
obligation, expired or lapsed funds may be used to pay the cost of
associated supervision, inspection, overhead, engineering and design on
those projects and on subsequent claims, if any.
Sec. 116. Notwithstanding any other provision of law, any funds
made available to a military department or defense agency for the
construction of military projects may be obligated for a military
construction project or contract, or for any portion of such a project
or contract, at any time before the end of the fourth fiscal year after
the fiscal year for which funds for such project were made available, if
the funds obligated for such project: (1) are obligated from funds
available for military construction projects; and (2) do not exceed the
amount appropriated for such project, plus any amount by which the cost
of such project is increased pursuant to law.
(including transfer of funds)
Sec. 117.
Subject <<NOTE: Deadlines. Notification. Determination.>> to 30 days
prior notification, or 14 days for a notification provided in an
electronic medium pursuant to sections 480 and 2883 of title 10, United
States Code, to the Committees on Appropriations of both Houses of
Congress, such additional amounts as may be determined by the Secretary
of Defense may be transferred to: (1) the Department of Defense Family
Housing Improvement Fund from amounts appropriated for construction in
``Family Housing'' accounts, to be merged with and to be available for
the same purposes and for the same period of time as amounts
appropriated directly to the Fund; or (2) the Department of Defense
Military Unaccompanied Housing Improvement Fund from amounts
appropriated for construction of military unaccompanied housing in
``Military Construction'' accounts, to be merged with and to be
available for the same purposes and for the same period of time as
amounts appropriated directly to the Fund: Provided, That
appropriations made available to the Funds shall be available to cover
the costs, as defined in section 502(5) of the Congressional Budget Act
of 1974, of direct loans or loan guarantees issued by the Department of
Defense pursuant to the provisions of subchapter IV of chapter 169 of
title 10, United States Code, pertaining to alternative means of
acquiring and improving
[[Page 133 STAT. 2785]]
military family housing, military unaccompanied housing, and supporting
facilities.
(including transfer of funds)
Sec. 118. In addition to any other transfer authority available to
the Department of Defense, amounts may be transferred from the
Department of Defense Base Closure Account to the fund established by
section 1013(d) of the Demonstration Cities and Metropolitan Development
Act of 1966 (42 U.S.C. 3374) to pay for expenses associated with the
Homeowners Assistance Program incurred under 42 U.S.C. 3374(a)(1)(A).
Any amounts transferred shall be merged with and be available for the
same purposes and for the same time period as the fund to which
transferred.
Sec. 119. Notwithstanding <<NOTE: 10 USC 2821 note.>> any other
provision of law, funds made available in this title for operation and
maintenance of family housing shall be the exclusive source of funds for
repair and maintenance of all family housing units, including general or
flag officer quarters: Provided,
That <<NOTE: Deadlines. Notification.>> not more than $35,000 per unit
may be spent annually for the maintenance and repair of any general or
flag officer quarters without 30 days prior notification, or 14 days for
a notification provided in an electronic medium pursuant to sections 480
and 2883 of title 10, United States Code, to the Committees on
Appropriations of both Houses of Congress, except that an after-the-fact
notification shall be submitted if the limitation is exceeded solely due
to costs associated with environmental remediation that could not be
reasonably anticipated at the time of the budget submission: Provided
further, That <<NOTE: Reports.>> the Under Secretary of Defense
(Comptroller) is to report annually to the Committees on Appropriations
of both Houses of Congress all operation and maintenance expenditures
for each individual general or flag officer quarters for the prior
fiscal year.
Sec. 120. Amounts contained in the Ford Island Improvement Account
established by subsection (h) of section 2814 of title 10, United States
Code, are appropriated and shall be available until expended for the
purposes specified in subsection (i)(1) of such section or until
transferred pursuant to subsection (i)(3) of such section.
(including transfer of funds)
Sec. 121. During <<NOTE: Time period. Determination.>> the 5-year
period after appropriations available in this Act to the Department of
Defense for military construction and family housing operation and
maintenance and construction have expired for obligation, upon a
determination that such appropriations will not be necessary for the
liquidation of obligations or for making authorized adjustments to such
appropriations for obligations incurred during the period of
availability of such appropriations, unobligated balances of such
appropriations may be transferred into the appropriation ``Foreign
Currency Fluctuations, Construction, Defense'', to be merged with and to
be available for the same time period and for the same purposes as the
appropriation to which transferred.
(including transfer of funds)
Sec. 122. Amounts appropriated or otherwise made available in an
account funded under the headings in this title may be
[[Page 133 STAT. 2786]]
transferred among projects and activities within the account in
accordance with the reprogramming guidelines for military construction
and family housing construction contained in Department of Defense
Financial Management Regulation 7000.14-R, Volume 3, Chapter 7, of March
2011, as in effect on the date of enactment of this Act.
Sec. 123. None of the funds made available in this title may be
obligated or expended for planning and design and construction of
projects at Arlington National Cemetery.
Sec. 124. For an additional amount for the accounts and in the
amounts specified, to remain available until September 30, 2024:
``Military Construction, Army'', $79,500,000;
``Military Construction, Navy and Marine Corps'',
$374,529,000;
``Military Construction, Air Force'', $288,200,000;
``Military Construction, Army National Guard'',
$155,000,000;
``Military Construction, Air National Guard'', $57,000,000;
``Military Construction, Air Force Reserve'', $24,800,000;
and
``Military Construction, Defense-Wide'', $66,880,000:
Provided, That such funds may only be obligated to carry out
construction projects identified in the respective military department's
unfunded priority list for fiscal year 2020 submitted to Congress:
Provided further, That such projects are subject to authorization prior
to obligation and expenditure of funds to carry out construction:
Provided further, That <<NOTE: Deadline. Expenditure plan.>> not later
than 30 days after enactment of this Act, the Secretary of the military
department concerned, or his or her designee, shall submit to the
Committees on Appropriations of both Houses of Congress an expenditure
plan for funds provided under this section.
(rescissions of funds)
Sec. 125. Of the unobligated balances available to the Department
of Defense from prior appropriation Acts, the following funds are hereby
rescinded from the following accounts in the amounts specified:
``Military Construction, Defense-Wide'', $45,055,000; and
``NATO Security Investment Program'', $25,000,000:
Provided, That no amounts may be rescinded from amounts that were
designated by the Congress for Overseas Contingency Operations/Global
War on Terrorism or as an emergency requirement pursuant to a concurrent
resolution on the budget or the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
Sec. 126. For <<NOTE: Definition.>> the purposes of this Act, the
term ``congressional defense committees'' means the Committees on Armed
Services of the House of Representatives and the Senate, the
Subcommittee on Military Construction and Veterans Affairs of the
Committee on Appropriations of the Senate, and the Subcommittee on
Military Construction and Veterans Affairs of the Committee on
Appropriations of the House of Representatives.
Sec. 127. None of the funds made available by this Act may be used
to carry out the closure or realignment of the United States Naval
Station, Guantanamo Bay, Cuba.
[[Page 133 STAT. 2787]]
Sec. 128.
Notwithstanding <<NOTE: Analysis. Reports. Certification.>> any other
provision of law, none of the funds appropriated or otherwise made
available by this or any other Act may be used to consolidate or
relocate any element of a United States Air Force Rapid Engineer
Deployable Heavy Operational Repair Squadron Engineer (RED HORSE)
outside of the United States until the Secretary of the Air Force: (1)
completes an analysis and comparison of the cost and infrastructure
investment required to consolidate or relocate a RED HORSE squadron
outside of the United States versus within the United States; (2)
provides to the Committees on Appropriations of both Houses of Congress
(``the Committees'') a report detailing the findings of the cost
analysis; and (3) certifies in writing to the Committees that the
preferred site for the consolidation or relocation yields the greatest
savings for the Air Force: Provided, That <<NOTE: Definition.>> the
term ``United States'' in this section does not include any territory or
possession of the United States.
Sec. 129. All amounts appropriated to the ``Department of Defense--
Military Construction, Army'', ``Department of Defense--Military
Construction, Navy and Marine Corps'', ``Department of Defense--Military
Construction, Air Force'', and ``Department of Defense--Military
Construction, Defense-Wide'' accounts pursuant to the authorization of
appropriations in a National Defense Authorization Act specified for
fiscal year 2020 in the funding table in section 4601 of that Act shall
be immediately available and allotted to contract for the full scope of
authorized projects.
Sec. 130. For an additional amount for the accounts and in the
amounts specified for planning and design, for improving military
installation resilience, to remain available until September 30, 2024:
``Military Construction, Army'', $20,000,000;
``Military Construction, Navy and Marine Corps'',
$35,000,000; and
``Military Construction, Air Force'', $20,000,000:
Provided, That <<NOTE: Deadline. Expenditure plan.>> not later than
60 days after enactment of this Act, the Secretary of the military
department concerned, or his or her designee, shall submit to the
Committees on Appropriations of both Houses of Congress an expenditure
plan for funds provided under this section: Provided further, That the
Secretary of the military department concerned may not obligate or
expend any funds prior to approval by the Committees on Appropriations
of both Houses of Congress of the expenditure plan required by this
section.
Sec. 131. For an additional amount for the accounts and in the
amounts specified, to remain available until September 30, 2021:
``Family Housing Operation and Maintenance, Army'',
$50,000,000;
``Family Housing Operation and Maintenance, Navy and Marine
Corps'', $59,600,000; and
``Family Housing Operation and Maintenance, Air Force'',
$31,200,000.
[[Page 133 STAT. 2788]]
TITLE II
DEPARTMENT OF VETERANS AFFAIRS
Veterans Benefits Administration
compensation and pensions
(including transfer of funds)
For the payment of compensation benefits to or on behalf of veterans
and a pilot program for disability examinations as authorized by section
107 and chapters 11, 13, 18, 51, 53, 55, and 61 of title 38, United
States Code; pension benefits to or on behalf of veterans as authorized
by chapters 15, 51, 53, 55, and 61 of title 38, United States Code; and
burial benefits, the Reinstated Entitlement Program for Survivors,
emergency and other officers' retirement pay, adjusted-service credits
and certificates, payment of premiums due on commercial life insurance
policies guaranteed under the provisions of title IV of the
Servicemembers Civil Relief Act (50 U.S.C. App. 541 et seq.) and for
other benefits as authorized by sections 107, 1312, 1977, and 2106, and
chapters 23, 51, 53, 55, and 61 of title 38, United States Code,
$1,439,931,000, which shall be in addition to funds previously
appropriated under this heading that became available on October 1,
2019; and, $118,246,975,000 shall become available on October 1, 2020:
Provided, That <<NOTE: Reimbursement.>> not to exceed $18,147,000 of
the amount made available for fiscal year 2021 under this heading shall
be reimbursed to ``General Operating Expenses, Veterans Benefits
Administration'', and ``Information Technology Systems'' for necessary
expenses in implementing the provisions of chapters 51, 53, and 55 of
title 38, United States Code, the funding source for which is
specifically provided as the ``Compensation and Pensions''
appropriation: Provided further, That <<NOTE: Reimbursement.>> such
sums as may be earned on an actual qualifying patient basis, shall be
reimbursed to ``Medical Care Collections Fund'' to augment the funding
of individual medical facilities for nursing home care provided to
pensioners as authorized.
readjustment benefits
For the payment of readjustment and rehabilitation benefits to or on
behalf of veterans as authorized by chapters 21, 30, 31, 33, 34, 35, 36,
39, 41, 51, 53, 55, and 61 of title 38, United States Code,
$12,578,965,000, to remain available until expended and to become
available on October 1, 2020: Provided, That expenses for
rehabilitation program services and assistance which the Secretary is
authorized to provide under subsection (a) of section 3104 of title 38,
United States Code, other than under paragraphs (1), (2), (5), and (11)
of that subsection, shall be charged to this account.
veterans insurance and indemnities
For military and naval insurance, national service life insurance,
servicemen's indemnities, service-disabled veterans insurance, and
veterans mortgage life insurance as authorized by chapters 19 and 21 of
title 38, United States Code, $17,620,000, which shall be in addition to
funds previously appropriated under this
[[Page 133 STAT. 2789]]
heading that became available on October 1, 2019, to remain available
until expended; and, in addition, $129,224,000, shall become available
on October 1, 2020, and shall remain available until expended.
veterans housing benefit program fund
For the cost of direct and guaranteed loans, such sums as may be
necessary to carry out the program, as authorized by subchapters I
through III of chapter 37 of title 38, United States Code: Provided,
That such costs, including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974:
Provided further, That, during fiscal year 2020, within the resources
available, not to exceed $500,000 in gross obligations for direct loans
are authorized for specially adapted housing loans.
In addition, for administrative expenses to carry out the direct and
guaranteed loan programs, $200,377,391.
vocational rehabilitation loans program account
For the cost of direct loans, $57,729, as authorized by chapter 31
of title 38, United States Code: Provided, That such costs, including
the cost of modifying such loans, shall be as defined in section 502 of
the Congressional Budget Act of 1974: Provided further, That funds made
available under this heading are available to subsidize gross
obligations for the principal amount of direct loans not to exceed
$2,008,232.
In addition, for administrative expenses necessary to carry out the
direct loan program, $401,880, which may be paid to the appropriation
for ``General Operating Expenses, Veterans Benefits Administration''.
native american veteran housing loan program account
For administrative expenses to carry out the direct loan program
authorized by subchapter V of chapter 37 of title 38, United States
Code, $1,186,000.
general operating expenses, veterans benefits administration
For necessary operating expenses of the Veterans Benefits
Administration, not otherwise provided for, including hire of passenger
motor vehicles, reimbursement of the General Services Administration for
security guard services, and reimbursement of the Department of Defense
for the cost of overseas employee mail, $3,125,000,000: Provided,
That <<NOTE: Determination.>> expenses for services and assistance
authorized under paragraphs (1), (2), (5), and (11) of section 3104(a)
of title 38, United States Code, that the Secretary of Veterans Affairs
determines are necessary to enable entitled veterans: (1) to the maximum
extent feasible, to become employable and to obtain and maintain
suitable employment; or (2) to achieve maximum independence in daily
living, shall be charged to this account: Provided further, That, of
the funds made available under this heading, not to exceed 10 percent
shall remain available until September 30, 2021.
[[Page 133 STAT. 2790]]
Veterans Health Administration
medical services
For necessary expenses for furnishing, as authorized by law,
inpatient and outpatient care and treatment to beneficiaries of the
Department of Veterans Affairs and veterans described in section 1705(a)
of title 38, United States Code, including care and treatment in
facilities not under the jurisdiction of the Department, and including
medical supplies and equipment, bioengineering services, food services,
and salaries and expenses of healthcare employees hired under title 38,
United States Code, assistance and support services for caregivers as
authorized by section 1720G of title 38, United States Code, loan
repayments authorized by section 604 of the Caregivers and Veterans
Omnibus Health Services Act of 2010 (Public Law 111-163; 124 Stat. 1174;
38 U.S.C. 7681 note), monthly assistance allowances authorized by
section 322(d) of title 38, United States Code, grants authorized by
section 521A of title 38, United States Code, and administrative
expenses necessary to carry out sections 322(d) and 521A of title 38,
United States Code, and hospital care and medical services authorized by
section 1787 of title 38, United States Code; $56,158,015,000, plus
reimbursements, shall become available on October 1, 2020, and shall
remain available until September 30, 2021: Provided, That, of the
amount made available on October 1, 2020, under this heading,
$1,500,000,000 shall remain available until September 30, 2022:
Provided further, That, <<NOTE: Priorities.>> notwithstanding any other
provision of law, the Secretary of Veterans Affairs shall establish a
priority for the provision of medical treatment for veterans who have
service-connected disabilities, lower income, or have special needs:
Provided further, That, <<NOTE: Priorities.>> notwithstanding any other
provision of law, the Secretary of Veterans Affairs shall give priority
funding for the provision of basic medical benefits to veterans in
enrollment priority groups 1 through 6: Provided further,
That, <<NOTE: Drugs and drug abuse. Requirements.>> notwithstanding any
other provision of law, the Secretary of Veterans Affairs may authorize
the dispensing of prescription drugs from Veterans Health Administration
facilities to enrolled veterans with privately written prescriptions
based on requirements established by the Secretary: Provided further,
That the implementation of the program described in the previous proviso
shall incur no additional cost to the Department of Veterans Affairs:
Provided further, That the Secretary of Veterans Affairs shall ensure
that sufficient amounts appropriated under this heading for medical
supplies and equipment are available for the acquisition of prosthetics
designed specifically for female veterans: Provided further, That of
the amount that became available on October 1, 2019, under this heading,
not less than $585,000,000 shall be for gender-specific care for women.
medical community care
For necessary expenses for furnishing health care to individuals
pursuant to chapter 17 of title 38, United States Code, at non-
Department facilities, $4,521,400,000, which shall be in addition to
funds previously appropriated under this heading that became available
on October 1, 2019; and, in addition, $17,131,179,000, plus
reimbursements, shall become available on October 1, 2020, and shall
remain available until September 30, 2021: Provided, That, of the
amount made available on October 1, 2020, under
[[Page 133 STAT. 2791]]
this heading, $2,000,000,000 shall remain available until September 30,
2022: Provided further, That $615,000,000 of the additional amounts
provided for fiscal year 2020 under this heading in this Act shall be
derived by transfer from the Veterans Choice Fund pursuant to the
authority in section 802(c)(4) of the Veterans Access, Choice, and
Accountability Act of 2014, as amended (38 U.S.C. 1701 note), from prior
year unobligated balances in that Fund that were provided by section 510
of the VA MISSION Act of 2018 (Public Law 115-182).
medical support and compliance
For necessary expenses in the administration of the medical,
hospital, nursing home, domiciliary, construction, supply, and research
activities, as authorized by law; administrative expenses in support of
capital policy activities; and administrative and legal expenses of the
Department for collecting and recovering amounts owed the Department as
authorized under chapter 17 of title 38, United States Code, and the
Federal Medical Care Recovery Act (42 U.S.C. 2651 et seq.), $98,800,000
which shall be in addition to funds previously appropriated under this
heading that became available on October 1, 2019; and, in addition,
$7,914,191,000, plus reimbursements, shall become available on October
1, 2020, and shall remain available until September 30, 2021: Provided,
That, of the amount made available on October 1, 2020, under this
heading, $150,000,000 shall remain available until September 30, 2022.
medical facilities
For necessary expenses for the maintenance and operation of
hospitals, nursing homes, domiciliary facilities, and other necessary
facilities of the Veterans Health Administration; for administrative
expenses in support of planning, design, project management, real
property acquisition and disposition, construction, and renovation of
any facility under the jurisdiction or for the use of the Department;
for oversight, engineering, and architectural activities not charged to
project costs; for repairing, altering, improving, or providing
facilities in the several hospitals and homes under the jurisdiction of
the Department, not otherwise provided for, either by contract or by the
hire of temporary employees and purchase of materials; for leases of
facilities; and for laundry services; $6,433,265,000, plus
reimbursements, shall become available on October 1, 2020, and shall
remain available until September 30, 2021: Provided, That, of the
amount made available on October 1, 2020, under this heading,
$250,000,000 shall remain available until September 30, 2022.
medical and prosthetic research
For necessary expenses in carrying out programs of medical and
prosthetic research and development as authorized by chapter 73 of title
38, United States Code, $800,000,000, plus reimbursements, shall remain
available until September 30, 2021: Provided, That the Secretary of
Veterans Affairs shall ensure that sufficient amounts appropriated under
this heading are available for prosthetic research specifically for
female veterans, and for toxic exposure research.
[[Page 133 STAT. 2792]]
National Cemetery Administration
For necessary expenses of the National Cemetery Administration for
operations and maintenance, not otherwise provided for, including
uniforms or allowances therefor; cemeterial expenses as authorized by
law; purchase of one passenger motor vehicle for use in cemeterial
operations; hire of passenger motor vehicles; and repair, alteration or
improvement of facilities under the jurisdiction of the National
Cemetery Administration, $329,000,000, of which not to exceed 10 percent
shall remain available until September 30, 2021.
Departmental Administration
general administration
(including transfer of funds)
For necessary operating expenses of the Department of Veterans
Affairs, not otherwise provided for, including administrative expenses
in support of Department-wide capital planning, management and policy
activities, uniforms, or allowances therefor; not to exceed $25,000 for
official reception and representation expenses; hire of passenger motor
vehicles; and reimbursement of the General Services Administration for
security guard services, $355,911,000, of which not to exceed 10 percent
shall remain available until September 30, 2021: Provided, That funds
provided under this heading may be transferred to ``General Operating
Expenses, Veterans Benefits Administration''.
board of veterans appeals
For necessary operating expenses of the Board of Veterans Appeals,
$182,000,000, of which not to exceed 10 percent shall remain available
until September 30, 2021.
information technology systems
(including transfer of funds)
For necessary expenses for information technology systems and
telecommunications support, including developmental information systems
and operational information systems; for pay and associated costs; and
for the capital asset acquisition of information technology systems,
including management and related contractual costs of said acquisitions,
including contractual costs associated with operations authorized by
section 3109 of title 5, United States Code, $4,371,615,000, plus
reimbursements: Provided, That $1,204,238,000 shall be for pay and
associated costs, of which not to exceed 3 percent shall remain
available until September 30, 2021: Provided further, That
$2,739,597,000 shall be for operations and maintenance, of which not to
exceed 5 percent shall remain available until September 30, 2021:
Provided further, That $427,780,000 shall be for information technology
systems development, and shall remain available until September 30,
2021: Provided further, That amounts made available for salaries and
expenses, operations and maintenance, and information technology
[[Page 133 STAT. 2793]]
systems development may be transferred among the three subaccounts after
the Secretary of Veterans Affairs requests from the Committees on
Appropriations of both Houses of Congress the authority to make the
transfer and an approval is issued: Provided further, That amounts made
available for the ``Information Technology Systems'' account for
development may be transferred among projects or to newly defined
projects: Provided further, That <<NOTE: Time period.>> no project may
be increased or decreased by more than $1,000,000 of cost prior to
submitting a request to the Committees on Appropriations of both Houses
of Congress to make the transfer and an approval is issued, or absent a
response, a period of 30 days has elapsed: Provided further, That the
funds made available under this heading for information technology
systems development shall be for the projects, and in the amounts,
specified under this heading in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated Act).
veterans electronic health record
For activities related to implementation, preparation, development,
interface, management, rollout, and maintenance of a Veterans Electronic
Health Record system, including contractual costs associated with
operations authorized by section 3109 of title 5, United States Code,
and salaries and expenses of employees hired under titles 5 and 38,
United States Code, $1,500,000,000, to remain available until September
30, 2022: Provided, That <<NOTE: Reports.>> the Secretary of Veterans
Affairs shall submit to the Committees on Appropriations of both Houses
of Congress quarterly reports detailing obligations, expenditures, and
deployment implementation by facility: Provided further, That the funds
provided in this account shall only be available to the Office of the
Deputy Secretary, to be administered by that Office: Provided further,
That <<NOTE: Notification.>> none of the funds made available under
this heading may be obligated in a manner inconsistent with deployment
schedules provided to the Committees on Appropriations unless the
Secretary of Veterans Affairs provides notification to the Committees on
Appropriations of such change and an approval is issued.
office of inspector general
For necessary expenses of the Office of Inspector General, to
include information technology, in carrying out the provisions of the
Inspector General Act of 1978 (5 U.S.C. App.), $210,000,000, of which
not to exceed 10 percent shall remain available until September 30,
2021.
construction, major projects
For constructing, altering, extending, and improving any of the
facilities, including parking projects, under the jurisdiction or for
the use of the Department of Veterans Affairs, or for any of the
purposes set forth in sections 316, 2404, 2406 and chapter 81 of title
38, United States Code, not otherwise provided for, including planning,
architectural and engineering services, construction management
services, maintenance or guarantee period services costs associated with
equipment guarantees provided under the project, services of claims
analysts, offsite utility and storm drainage system construction costs,
and site acquisition,
[[Page 133 STAT. 2794]]
where the estimated cost of a project is more than the amount set forth
in section 8104(a)(3)(A) of title 38, United States Code, or where funds
for a project were made available in a previous major project
appropriation, $1,235,200,000, of which $1,036,600,000 shall remain
available until September 30, 2024, and of which $198,600,000 shall
remain available until expended, of which $35,000,000 shall be available
for seismic improvement projects and seismic program management
activities, including for projects that would otherwise be funded by the
Construction, Minor Projects, Medical Facilities or National Cemetery
Administration accounts: Provided, That <<NOTE: Notification.>> except
for advance planning activities, including needs assessments which may
or may not lead to capital investments, and other capital asset
management related activities, including portfolio development and
management activities, and investment strategy studies funded through
the advance planning fund and the planning and design activities funded
through the design fund, including needs assessments which may or may
not lead to capital investments, and funds provided for the purchase,
security, and maintenance of land for the National Cemetery
Administration through the land acquisition line item, none of the funds
made available under this heading shall be used for any project that has
not been notified to Congress through the budgetary process or that has
not been approved by the Congress through statute, joint resolution, or
in the explanatory statement accompanying such Act and presented to the
President at the time of enrollment: Provided further,
That <<NOTE: Reimbursement.>> such sums as may be necessary shall be
available to reimburse the ``General Administration'' account for
payment of salaries and expenses of all Office of Construction and
Facilities Management employees to support the full range of capital
infrastructure services provided, including minor construction and
leasing services: <<NOTE: Contracts. Deadlines.>> Provided further,
That funds made available under this heading for fiscal year 2020, for
each approved project shall be obligated: (1) by the awarding of a
construction documents contract by September 30, 2020; and (2) by the
awarding of a construction contract by September 30, 2021: Provided
further, That <<NOTE: Reports.>> the Secretary of Veterans Affairs
shall promptly submit to the Committees on Appropriations of both Houses
of Congress a written report on any approved major construction project
for which obligations are not incurred within the time limitations
established above: Provided further, That notwithstanding the
requirements of section 8104(a) of title 38, United States Code, amounts
made available under this heading for seismic improvement projects and
seismic program management activities shall be available for the
completion of both new and existing seismic projects of the Department.
construction, minor projects
For constructing, altering, extending, and improving any of the
facilities, including parking projects, under the jurisdiction or for
the use of the Department of Veterans Affairs, including planning and
assessments of needs which may lead to capital investments,
architectural and engineering services, maintenance or guarantee period
services costs associated with equipment guarantees provided under the
project, services of claims analysts, offsite utility and storm drainage
system construction costs, and site acquisition, or for any of the
purposes set forth in sections 316, 2404, 2406
[[Page 133 STAT. 2795]]
and chapter 81 of title 38, United States Code, not otherwise provided
for, where the estimated cost of a project is equal to or less than the
amount set forth in section 8104(a)(3)(A) of title 38, United States
Code, $398,800,000, to remain available until September 30, 2024, along
with unobligated balances of previous ``Construction, Minor Projects''
appropriations which are hereby made available for any project where the
estimated cost is equal to or less than the amount set forth in such
section: Provided, That funds made available under this heading shall
be for: (1) repairs to any of the nonmedical facilities under the
jurisdiction or for the use of the Department which are necessary
because of loss or damage caused by any natural disaster or catastrophe;
and (2) temporary measures necessary to prevent or to minimize further
loss by such causes.
grants for construction of
state extended care facilities
For grants to assist States to acquire or construct State nursing
home and domiciliary facilities and to remodel, modify, or alter
existing hospital, nursing home, and domiciliary facilities in State
homes, for furnishing care to veterans as authorized by sections 8131
through 8137 of title 38, United States Code, $90,000,000, to remain
available until expended.
grants for construction of veterans cemeteries
For grants to assist States and tribal organizations in
establishing, expanding, or improving veterans cemeteries as authorized
by section 2408 of title 38, United States Code, $45,000,000, to remain
available until expended.
Administrative Provisions
(including transfer of funds)
Sec. 201. Any appropriation for fiscal year 2020 for ``Compensation
and Pensions'', ``Readjustment Benefits'', and ``Veterans Insurance and
Indemnities'' may be transferred as necessary to any other of the
mentioned appropriations: Provided, That, <<NOTE: Time period.>>
before a transfer may take place, the Secretary of Veterans Affairs
shall request from the Committees on Appropriations of both Houses of
Congress the authority to make the transfer and such Committees issue an
approval, or absent a response, a period of 30 days has elapsed.
(including transfer of funds)
Sec. 202. Amounts made available for the Department of Veterans
Affairs for fiscal year 2020, in this or any other Act, under the
``Medical Services'', ``Medical Community Care'', ``Medical Support and
Compliance'', and ``Medical Facilities'' accounts may be transferred
among the accounts: Provided, That <<NOTE: Notification.>> any
transfers among the ``Medical Services'', ``Medical Community Care'',
and ``Medical Support and Compliance'' accounts of 1 percent or less of
the total amount appropriated to the account in this or any other Act
may take place subject to notification from the Secretary of Veterans
Affairs to the Committees on Appropriations of both
[[Page 133 STAT. 2796]]
Houses of Congress of the amount and purpose of the transfer: Provided
further, That any transfers among the ``Medical Services'', ``Medical
Community Care'', and ``Medical Support and Compliance'' accounts in
excess of 1 percent, or exceeding the cumulative 1 percent for the
fiscal year, may take place only after the Secretary requests from the
Committees on Appropriations of both Houses of Congress the authority to
make the transfer and an approval is issued: Provided further, That any
transfers to or from the ``Medical Facilities'' account may take place
only after the Secretary requests from the Committees on Appropriations
of both Houses of Congress the authority to make the transfer and an
approval is issued.
Sec. 203. Appropriations available in this title for salaries and
expenses shall be available for services authorized by section 3109 of
title 5, United States Code; hire of passenger motor vehicles; lease of
a facility or land or both; and uniforms or allowances therefore, as
authorized by sections 5901 through 5902 of title 5, United States Code.
Sec. 204. No appropriations in this title (except the
appropriations for ``Construction, Major Projects'', and ``Construction,
Minor Projects'') shall be available for the purchase of any site for or
toward the construction of any new hospital or home.
Sec. 205. No appropriations in this title shall be available for
hospitalization or examination of any persons (except beneficiaries
entitled to such hospitalization or examination under the laws providing
such benefits to veterans, and persons receiving such treatment under
sections 7901 through 7904 of title 5, United States Code, or the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121
et seq.)), unless reimbursement of the cost of such hospitalization or
examination is made to the ``Medical Services'' account at such rates as
may be fixed by the Secretary of Veterans Affairs.
Sec. 206. Appropriations available in this title for ``Compensation
and Pensions'', ``Readjustment Benefits'', and ``Veterans Insurance and
Indemnities'' shall be available for payment of prior year accrued
obligations required to be recorded by law against the corresponding
prior year accounts within the last quarter of fiscal year 2019.
Sec. 207. Appropriations available in this title shall be available
to pay prior year obligations of corresponding prior year appropriations
accounts resulting from sections 3328(a), 3334, and 3712(a) of title 31,
United States Code, except that if such obligations are from trust fund
accounts they shall be payable only from ``Compensation and Pensions''.
(including transfer of funds)
Sec. 208. Notwithstanding <<NOTE: Reimbursements.>> any other
provision of law, during fiscal year 2020, the Secretary of Veterans
Affairs shall, from the National Service Life Insurance Fund under
section 1920 of title 38, United States Code, the Veterans' Special Life
Insurance Fund under section 1923 of title 38, United States Code, and
the United States Government Life Insurance Fund under section 1955 of
title 38, United States Code, reimburse the ``General Operating
Expenses, Veterans Benefits Administration'' and ``Information
Technology Systems'' accounts for the cost of administration of the
insurance programs financed through those accounts: <<NOTE: Time
period.>> Provided,
[[Page 133 STAT. 2797]]
That reimbursement shall be made only from the surplus earnings
accumulated in such an insurance program during fiscal year 2020 that
are available for dividends in that program after claims have been paid
and actuarially determined reserves have been set aside: Provided
further, That if the cost of administration of such an insurance program
exceeds the amount of surplus earnings accumulated in that program,
reimbursement shall be made only to the extent of such surplus earnings:
Provided further, That <<NOTE: Determination.>> the Secretary shall
determine the cost of administration for fiscal year 2020 which is
properly allocable to the provision of each such insurance program and
to the provision of any total disability income insurance included in
that insurance program.
Sec. 209. Amounts deducted from enhanced-use lease proceeds to
reimburse an account for expenses incurred by that account during a
prior fiscal year for providing enhanced-use lease services, may be
obligated during the fiscal year in which the proceeds are received.
(including transfer of funds)
Sec. 210. Funds available in this title or funds for salaries and
other administrative expenses shall also be available to reimburse the
Office of Resolution Management, the Office of Employment Discrimination
Complaint Adjudication, and the Office of Diversity and Inclusion for
all services provided at rates which will recover actual costs but not
to exceed $57,263,000 for the Office of Resolution Management,
$6,000,000 for the Office of Employment Discrimination Complaint
Adjudication, and $4,628,000 for the Office of Diversity and Inclusion:
Provided, That payments may be made in advance for services to be
furnished based on estimated costs: Provided further, That amounts
received shall be credited to the ``General Administration'' and
``Information Technology Systems'' accounts for use by the office that
provided the service.
Sec. 211. No funds of the Department of Veterans Affairs shall be
available for hospital care, nursing home care, or medical services
provided to any person under chapter 17 of title 38, United States Code,
for a non-service-connected disability described in section 1729(a)(2)
of such title, unless that person has disclosed to the Secretary of
Veterans Affairs, in such form as the Secretary may require, current,
accurate third-party reimbursement information for purposes of section
1729 of such title: Provided, That the Secretary may recover, in the
same manner as any other debt due the United States, the reasonable
charges for such care or services from any person who does not make such
disclosure as required: Provided further, That any amounts so recovered
for care or services provided in a prior fiscal year may be obligated by
the Secretary during the fiscal year in which amounts are received.
(including transfer of funds)
Sec. 212. Notwithstanding any other provision of law, proceeds or
revenues derived from enhanced-use leasing activities (including
disposal) may be deposited into the ``Construction, Major Projects'' and
``Construction, Minor Projects'' accounts and be used for construction
(including site acquisition and disposition), alterations, and
improvements of any medical facility under the jurisdiction or for the
use of the Department of Veterans Affairs. Such sums
[[Page 133 STAT. 2798]]
as realized are in addition to the amount provided for in
``Construction, Major Projects'' and ``Construction, Minor Projects''.
Sec. 213. Amounts made available under ``Medical Services'' are
available--
(1) for furnishing recreational facilities, supplies, and
equipment; and
(2) for funeral expenses, burial expenses, and other
expenses incidental to funerals and burials for beneficiaries
receiving care in the Department.
(including transfer of funds)
Sec. 214. Such sums as may be deposited to the Medical Care
Collections Fund pursuant to section 1729A of title 38, United States
Code, may be transferred to the ``Medical Services'' and ``Medical
Community Care'' accounts to remain available until expended for the
purposes of these accounts.
Sec. 215. The <<NOTE: Alaska.>> Secretary of Veterans Affairs may
enter into agreements with Federally Qualified Health Centers in the
State of Alaska and Indian tribes and tribal organizations which are
party to the Alaska Native Health Compact with the Indian Health
Service, to provide healthcare, including behavioral health and dental
care, to veterans in rural Alaska. <<NOTE: Requirement. Compliance.>>
The Secretary shall require participating veterans and facilities to
comply with all appropriate rules and regulations, as established by the
Secretary. <<NOTE: Definition.>> The term ``rural Alaska'' shall mean
those lands which are not within the boundaries of the municipality of
Anchorage or the Fairbanks North Star Borough.
(including transfer of funds)
Sec. 216. Such sums as may be deposited to the Department of
Veterans Affairs Capital Asset Fund pursuant to section 8118 of title
38, United States Code, may be transferred to the ``Construction, Major
Projects'' and ``Construction, Minor Projects'' accounts, to remain
available until expended for the purposes of these accounts.
Sec. 217. Not <<NOTE: Reports.>> later than 30 days after the end
of each fiscal quarter, the Secretary of Veterans Affairs shall submit
to the Committees on Appropriations of both Houses of Congress a report
on the financial status of the Department of Veterans Affairs for the
preceding quarter: Provided, That, at a minimum, the report shall
include the direction contained in the paragraph entitled ``Quarterly
reporting'', under the heading ``General Administration'' in the joint
explanatory statement accompanying Public Law 114-223.
(including transfer of funds)
Sec. 218. Amounts made available under the ``Medical Services'',
``Medical Community Care'', ``Medical Support and Compliance'',
``Medical Facilities'', ``General Operating Expenses, Veterans Benefits
Administration'', ``Board of Veterans Appeals'', ``General
Administration'', and ``National Cemetery Administration'' accounts for
fiscal year 2020 may be transferred to or from the ``Information
Technology Systems'' account: Provided, That such transfers may not
result in a more than 10 percent aggregate increase in the
[[Page 133 STAT. 2799]]
total amount made available by this Act for the ``Information Technology
Systems'' account: Provided further, That, before a transfer may take
place, the Secretary of Veterans Affairs shall request from the
Committees on Appropriations of both Houses of Congress the authority to
make the transfer and an approval is issued.
(including transfer of funds)
Sec. 219. Of the amounts appropriated to the Department of Veterans
Affairs for fiscal year 2020 for ``Medical Services'', ``Medical
Community Care'', ``Medical Support and Compliance'', ``Medical
Facilities'', ``Construction, Minor Projects'', and ``Information
Technology Systems'', up to $314,409,000, plus reimbursements, may be
transferred to the Joint Department of Defense--Department of Veterans
Affairs Medical Facility Demonstration Fund, established by section 1704
of the National Defense Authorization Act for Fiscal Year 2010 (Public
Law 111-84; 123 Stat. 3571) and may be used for operation of the
facilities designated as combined Federal medical facilities as
described by section 706 of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat.
4500): Provided, That <<NOTE: Notification.>> additional funds may be
transferred from accounts designated in this section to the Joint
Department of Defense--Department of Veterans Affairs Medical Facility
Demonstration Fund upon written notification by the Secretary of
Veterans Affairs to the Committees on Appropriations of both Houses of
Congress: Provided further, That section 220 of title II of division C
of Public Law <<NOTE: Repeal. 132 Stat. 2967.>> 115-244 is repealed.
(including transfer of funds)
Sec. 220. Of the amounts appropriated to the Department of Veterans
Affairs which become available on October 1, 2020, for ``Medical
Services'', ``Medical Community Care'', ``Medical Support and
Compliance'', and ``Medical Facilities'', up to $322,931,000, plus
reimbursements, may be transferred to the Joint Department of Defense--
Department of Veterans Affairs Medical Facility Demonstration Fund,
established by section 1704 of the National Defense Authorization Act
for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 3571) and may be used
for operation of the facilities designated as combined Federal medical
facilities as described by section 706 of the Duncan Hunter National
Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122
Stat. 4500): Provided, That <<NOTE: Notification.>> additional funds
may be transferred from accounts designated in this section to the Joint
Department of Defense--Department of Veterans Affairs Medical Facility
Demonstration Fund upon written notification by the Secretary of
Veterans Affairs to the Committees on Appropriations of both Houses of
Congress.
(including transfer of funds)
Sec. 221. Such sums as may be deposited to the Medical Care
Collections Fund pursuant to section 1729A of title 38, United States
Code, for healthcare provided at facilities designated as combined
Federal medical facilities as described by section 706 of the Duncan
Hunter National Defense Authorization Act for Fiscal Year 2009 (Public
Law 110-417; 122 Stat. 4500) shall also be available: (1) for transfer
to the Joint Department of Defense--
[[Page 133 STAT. 2800]]
Department of Veterans Affairs Medical Facility Demonstration Fund,
established by section 1704 of the National Defense Authorization Act
for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 3571); and (2) for
operations of the facilities designated as combined Federal medical
facilities as described by section 706 of the Duncan Hunter National
Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122
Stat. 4500): Provided, That, notwithstanding section 1704(b)(3) of the
National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-
84; 123 Stat. 2573), amounts transferred to the Joint Department of
Defense--Department of Veterans Affairs Medical Facility Demonstration
Fund shall remain available until expended.
(including transfer of funds)
Sec. 222. Of the amounts available in this title for ``Medical
Services'', ``Medical Community Care'', ``Medical Support and
Compliance'', and ``Medical Facilities'', a minimum of $15,000,000 shall
be transferred to the DOD-VA Health Care Sharing Incentive Fund, as
authorized by section 8111(d) of title 38, United States Code, to remain
available until expended, for any purpose authorized by section 8111 of
title 38, United States Code.
Sec. 223. None of the funds available to the Department of Veterans
Affairs, in this or any other Act, may be used to replace the current
system by which the Veterans Integrated Service Networks select and
contract for diabetes monitoring supplies and equipment.
Sec. 224. The <<NOTE: Notifications. Deadlines.>> Secretary of
Veterans Affairs shall notify the Committees on Appropriations of both
Houses of Congress of all bid savings in a major construction project
that total at least $5,000,000, or 5 percent of the programmed amount of
the project, whichever is less: Provided, That <<NOTE: Contracts.>>
such notification shall occur within 14 days of a contract identifying
the programmed amount: Provided further, That the Secretary shall
notify the Committees on Appropriations of both Houses of Congress 14
days prior to the obligation of such bid savings and shall describe the
anticipated use of such savings.
Sec. 225. None of the funds made available for ``Construction,
Major Projects'' may be used for a project in excess of the scope
specified for that project in the original justification data provided
to the Congress as part of the request for appropriations unless the
Secretary of Veterans Affairs receives approval from the Committees on
Appropriations of both Houses of Congress.
Sec. 226. Not <<NOTE: Reports. Data.>> later than 30 days after
the end of each fiscal quarter, the Secretary of Veterans Affairs shall
submit to the Committees on Appropriations of both Houses of Congress a
quarterly report containing performance measures and data from each
Veterans Benefits Administration Regional Office: Provided, That, at a
minimum, the report shall include the direction contained in the section
entitled ``Disability claims backlog'', under the heading ``General
Operating Expenses, Veterans Benefits Administration'' in the joint
explanatory statement accompanying Public Law 114-223: Provided
further, That the report shall also include information on the number of
appeals pending at the Veterans Benefits Administration as well as the
Board of Veterans Appeals on a quarterly basis.
[[Page 133 STAT. 2801]]
Sec. 227. The <<NOTE: Notification. Deadline.>> Secretary of
Veterans Affairs shall provide written notification to the Committees on
Appropriations of both Houses of Congress 15 days prior to
organizational changes which result in the transfer of 25 or more full-
time equivalents from one organizational unit of the Department of
Veterans Affairs to another.
Sec. 228. The <<NOTE: Time period. Notification.>> Secretary of
Veterans Affairs shall provide on a quarterly basis to the Committees on
Appropriations of both Houses of Congress notification of any single
national outreach and awareness marketing campaign in which obligations
exceed $1,000,000.
(including transfer of funds)
Sec. 229. The <<NOTE: Determination.>> Secretary of Veterans
Affairs, upon determination that such action is necessary to address
needs of the Veterans Health Administration, may transfer to the
``Medical Services'' account any discretionary appropriations made
available for fiscal year 2020 in this title (except appropriations made
to the ``General Operating Expenses, Veterans Benefits Administration''
account) or any discretionary unobligated balances within the Department
of Veterans Affairs, including those appropriated for fiscal year 2020,
that were provided in advance by appropriations Acts: Provided, That
transfers shall be made only with the approval of the Office of
Management and Budget: Provided further, That the transfer authority
provided in this section is in addition to any other transfer authority
provided by law: Provided further, That no amounts may be transferred
from amounts that were designated by Congress as an emergency
requirement pursuant to a concurrent resolution on the budget or the
Balanced Budget and Emergency Deficit Control Act of 1985: Provided
further, That such authority to transfer may not be used unless for
higher priority items, based on emergent healthcare requirements, than
those for which originally appropriated and in no case where the item
for which funds are requested has been denied by
Congress: <<NOTE: Definitions.>> Provided further, That, upon
determination that all or part of the funds transferred from an
appropriation are not necessary, such amounts may be transferred back to
that appropriation and shall be available for the same purposes as
originally appropriated: Provided further, That before a transfer may
take place, the Secretary of Veterans Affairs shall request from the
Committees on Appropriations of both Houses of Congress the authority to
make the transfer and receive approval of that request.
(including transfer of funds)
Sec. 230. Amounts made available for the Department of Veterans
Affairs for fiscal year 2020, under the ``Board of Veterans Appeals''
and the ``General Operating Expenses, Veterans Benefits Administration''
accounts may be transferred between such accounts: Provided, That
before a transfer may take place, the Secretary of Veterans Affairs
shall request from the Committees on Appropriations of both Houses of
Congress the authority to make the transfer and receive approval of that
request.
Sec. 231. The Secretary of Veterans Affairs may not reprogram funds
among major construction projects or programs if such
[[Page 133 STAT. 2802]]
instance of reprogramming will exceed $7,000,000, unless such
reprogramming is approved by the Committees on Appropriations of both
Houses of Congress.
Sec. 232. (a) The Secretary of Veterans Affairs shall ensure that
the toll-free suicide hotline under section 1720F(h) of title 38, United
States Code--
(1) provides to individuals who contact the hotline
immediate assistance from a trained professional; and
(2) adheres to all requirements of the American Association
of Suicidology.
(b)(1) None of the funds made available by this Act may be used to
enforce or otherwise carry out any Executive action that prohibits the
Secretary of Veterans Affairs from appointing an individual to occupy a
vacant civil service position, or establishing a new civil service
position, at the Department of Veterans Affairs with respect to such a
position relating to the hotline specified in subsection (a).
(2) <<NOTE: Definitions.>> In this subsection--
(A) the term ``civil service'' has the meaning given such
term in section 2101(1) of title 5, United States Code; and
(B) the term ``Executive action'' includes--
(i) any Executive order, presidential memorandum, or
other action by the President; and
(ii) any agency policy, order, or other directive.
(c)(1) <<NOTE: Study. Time period. Analysis. Data.>> The Secretary
of Veterans Affairs shall conduct a study on the effectiveness of the
hotline specified in subsection (a) during the five-year period
beginning on January 1, 2016, based on an analysis of national suicide
data and data collected from such hotline.
(2) <<NOTE: Determinations.>> At a minimum, the study required by
paragraph (1) shall--
(A) determine the number of veterans who contact the hotline
specified in subsection (a) and who receive follow up services
from the hotline or mental health services from the Department
of Veterans Affairs thereafter;
(B) determine the number of veterans who contact the hotline
who are not referred to, or do not continue receiving, mental
health care who commit suicide; and
(C) determine the number of veterans described in
subparagraph (A) who commit or attempt suicide.
Sec. 233. None <<NOTE: Reports. Realignment plans.>> of the funds
in this or any other Act may be used to close Department of Veterans
Affairs (VA) hospitals, domiciliaries, or clinics, conduct an
environmental assessment, or to diminish healthcare services at existing
Veterans Health Administration medical facilities as part of a planned
realignment of VA services until the Secretary provides to the
Committees on Appropriations of both Houses of Congress a report
including the following elements--
(1) <<NOTE: Plan.>> a national realignment strategy that
includes a detailed description of realignment plans within each
Veterans Integrated Services Network (VISN), including an
updated Long Range Capital Plan to implement realignment
requirements;
(2) an explanation of the process by which those plans were
developed and coordinated within each VISN;
(3) <<NOTE: Analysis.>> a cost versus benefit analysis of
each planned realignment, including the cost of replacing
Veterans Health Administration services with contract care or
other outsourced services;
[[Page 133 STAT. 2803]]
(4) <<NOTE: Analysis.>> an analysis of how any such planned
realignment of services will impact access to care for veterans
living in rural or highly rural areas, including travel
distances and transportation costs to access a VA medical
facility and availability of local specialty and primary care;
(5) <<NOTE: Records.>> an inventory of VA buildings with
historic designation and the methodology used to determine the
buildings' condition and utilization;
(6) a description of how any realignment will be consistent
with requirements under the National Historic Preservation Act;
and
(7) consideration given for reuse of historic buildings
within newly identified realignment requirements: Provided,
That, this provision shall not apply to capital projects in any
VISN, which have been authorized or approved by Congress.
Sec. 234. Effective <<NOTE: Effective date. Time period.>> during
the period beginning on October 1, 2018 and ending on January 1, 2024,
none of the funds made available to the Secretary of Veterans Affairs by
this or any other Act may be obligated or expended in contravention of
the ``Veterans Health Administration Clinical Preventive Services
Guidance Statement on the Veterans Health Administration's Screening for
Breast Cancer Guidance'' published on May 10, 2017, as issued by the
Veterans Health Administration National Center for Health Promotion and
Disease Prevention.
Sec. 235. (a) Notwithstanding any other provision of law, the
amounts appropriated or otherwise made available to the Department of
Veterans Affairs for the ``Medical Services'' account may be used to
provide--
(1) fertility counseling and treatment using assisted
reproductive technology to a covered veteran or the spouse of a
covered veteran; or
(2) adoption reimbursement to a covered veteran.
(b) <<NOTE: Definitions.>> In this section:
(1) The term ``service-connected'' has the meaning given
such term in section 101 of title 38, United States Code.
(2) The term ``covered veteran'' means a veteran, as such
term is defined in section 101 of title 38, United States Code,
who has a service-connected disability that results in the
inability of the veteran to procreate without the use of
fertility treatment.
(3) The term ``assisted reproductive technology'' means
benefits relating to reproductive assistance provided to a
member of the Armed Forces who incurs a serious injury or
illness on active duty pursuant to section 1074(c)(4)(A) of
title 10, United States Code, as described in the memorandum on
the subject of ``Policy for Assisted Reproductive Services for
the Benefit of Seriously or Severely Ill/Injured (Category II or
III) Active Duty Service Members'' issued by the Assistant
Secretary of Defense for Health Affairs on April 3, 2012, and
the guidance issued to implement such policy, including any
limitations on the amount of such benefits available to such a
member except that--
(A) the time periods regarding embryo
cryopreservation and storage set forth in part III(G)
and in part IV(H) of such memorandum shall not apply;
and
[[Page 133 STAT. 2804]]
(B) such term includes embryo cryopreservation and
storage without limitation on the duration of such
cryopreservation and storage.
(4) The term ``adoption reimbursement'' means reimbursement
for the adoption-related expenses for an adoption that is
finalized after the date of the enactment of this Act under the
same terms as apply under the adoption reimbursement program of
the Department of Defense, as authorized in Department of
Defense Instruction 1341.09, including the reimbursement limits
and requirements set forth in such instruction.
(c) Amounts made available for the purposes specified in subsection
(a) of this section are subject to the requirements for funds contained
in section 508 of division H of the Consolidated Appropriations Act,
2018 (Public Law 115-141).
Sec. 236. None of the funds appropriated or otherwise made
available by this Act or any other Act for the Department of Veterans
Affairs may be used in a manner that is inconsistent with: (1) section
842 of the Transportation, Treasury, Housing and Urban Development, the
Judiciary, the District of Columbia, and Independent Agencies
Appropriations Act, 2006 (Public Law 109-115; 119 Stat. 2506); or (2)
section 8110(a)(5) of title 38, United States Code.
Sec. 237. Section 842 of Public Law 109-115 shall not apply to
conversion of an activity or function of the Veterans Health
Administration, Veterans Benefits Administration, or National Cemetery
Administration to contractor performance by a business concern that is
at least 51 percent owned by one or more Indian tribes as defined in
section 5304(e) of title 25, United States Code, or one or more Native
Hawaiian Organizations as defined in section 637(a)(15) of title 15,
United States Code.
Sec. 238. (a) <<NOTE: Consultation. Deadlines. 38 USC 5701 note
prec.>> Except as provided in subsection (b), the Secretary of Veterans
Affairs, in consultation with the Secretary of Defense and the Secretary
of Labor, shall discontinue using Social Security account numbers to
identify individuals in all information systems of the Department of
Veterans Affairs as follows:
(1) For all veterans submitting to the Secretary of Veterans
Affairs new claims for benefits under laws administered by the
Secretary, not later than 5 years after the date of the
enactment of this Act.
(2) For all individuals not described in paragraph (1), not
later than 8 years after the date of the enactment of this Act.
(b) The Secretary of Veterans Affairs may use a Social Security
account number to identify an individual in an information system of the
Department of Veterans Affairs if and only if the use of such number is
required to obtain information the Secretary requires from an
information system that is not under the jurisdiction of the Secretary.
Sec. 239. For <<NOTE: Applicability.>> funds provided to the
Department of Veterans Affairs for each of fiscal year 2020 and 2021 for
``Medical Services'', section 239 of Division A of Public Law 114-223
shall apply.
Sec. 240. None of the funds appropriated in this or prior
appropriations Acts or otherwise made available to the Department of
Veterans Affairs may be used to transfer any amounts from the Filipino
Veterans Equity Compensation Fund to any other account within the
Department of Veterans Affairs.
[[Page 133 STAT. 2805]]
Sec. 241. Of the funds provided to the Department of Veterans
Affairs for each of fiscal year 2020 and fiscal year 2021 for ``Medical
Services'', funds may be used in each year to carry out and expand the
child care program authorized by section 205 of Public Law 111-163,
notwithstanding subsection (e) of such section.
Sec. 242. None of the funds appropriated or otherwise made
available in this title may be used by the Secretary of Veterans Affairs
to enter into an agreement related to resolving a dispute or claim with
an individual that would restrict in any way the individual from
speaking to members of Congress or their staff on any topic not
otherwise prohibited from disclosure by Federal law or required by
Executive Order to be kept secret in the interest of national defense or
the conduct of foreign affairs.
Sec. 243. For <<NOTE: Applicability.>> funds provided to the
Department of Veterans Affairs for each of fiscal year 2020 and 2021,
section 258 of Division A of Public Law 114-223 shall apply.
Sec. 244. (a) <<NOTE: Records.>> None of the funds appropriated or
otherwise made available by this Act may be used to deny an Inspector
General funded under this Act timely access to any records, documents,
or other materials available to the department or agency of the United
States Government over which such Inspector General has responsibilities
under the Inspector General Act of 1978 (5 U.S.C. App.), or to prevent
or impede the access of such Inspector General to such records,
documents, or other materials, under any provision of law, except a
provision of law that expressly refers to such Inspector General and
expressly limits the right of access of such Inspector General.
(b) A department or agency covered by this section shall provide its
Inspector General access to all records, documents, and other materials
in a timely manner.
(c) <<NOTE: Compliance.>> Each Inspector General covered by this
section shall ensure compliance with statutory limitations on disclosure
relevant to the information provided by the department or agency over
which that Inspector General has responsibilities under the Inspector
General Act of 1978 (5 U.S.C. App.).
(d) <<NOTE: Reports.>> Each Inspector General covered by this
section shall report to the Committee on Appropriations of the Senate
and the Committee on Appropriations of the House of Representatives
within 5 calendar days of any failure by any department or agency
covered by this section to comply with this section.
Sec. 245. For <<NOTE: Applicability.>> funds provided to the
Department of Veterans Affairs for each of fiscal year 2020 and 2021,
section 248 of Division A of Public Law 114-223 shall apply.
Sec. 246. (a) The Secretary of Veterans Affairs may use amounts
appropriated or otherwise made available in this title to ensure that
the ratio of veterans to full-time employment equivalents within any
program of rehabilitation conducted under chapter 31 of title 38, United
States Code, does not exceed 125 veterans to one full-time employment
equivalent.
(b) <<NOTE: Reports.>> Not later than 180 days after the date of
the enactment of this Act, the Secretary shall submit to Congress a
report on the programs of rehabilitation conducted under chapter 31 of
title 38, United States Code, including--
(1) <<NOTE: Assessment.>> an assessment of the veteran-to-
staff ratio for each such program; and
[[Page 133 STAT. 2806]]
(2) <<NOTE: Recommenda- tions.>> recommendations for such
action as the Secretary considers necessary to reduce the
veteran-to-staff ratio for each such program.
Sec. 247. None of the funds made available in this Act may be used
in a manner that would increase wait times for veterans who seek care at
medical facilities of the Department of Veterans Affairs.
Sec. 248. None <<NOTE: Notification. Deadline.>> of the funds
appropriated or otherwise made available by this Act to the Veterans
Health Administration may be used in fiscal year 2020 to convert any
program which received specific purpose funds in fiscal year 2019 to a
general purpose funded program unless the Secretary of Veterans Affairs
submits written notification of any such proposal to the Committees on
Appropriations of both Houses of Congress at least thirty days prior to
any such action and an approval is issued by the Committees.
Sec. 249. (a) <<NOTE: Effective date. 38 USC 303 note.>> None of
the funds appropriated or otherwise made available by this Act may be
used to conduct research commencing on or after October 1, 2019, that
uses any canine, feline, or non-human primate unless the Secretary of
Veterans Affairs approves such research specifically and in writing
pursuant to subsection (b).
(b)(1) <<NOTE: Effective date. Determination.>> The Secretary of
Veterans Affairs may approve the conduct of research commencing on or
after October 1, 2019, using canines, felines, or non-human primates if
the Secretary determines that--
(A) the scientific objectives of the research can only be
met by using such canines, felines, or non-human primates;
(B) such scientific objectives are directly related to an
illness or injury that is combat-related; and
(C) the research is consistent with the revised Department
of Veterans Affairs canine research policy document dated
December 15, 2017, including any subsequent revisions to such
document.
(2) The Secretary may not delegate the authority under this
subsection.
(c) <<NOTE: Reports.>> If the Secretary approves any new research
pursuant to subsection (b), not later than 30 days before the
commencement of such research, the Secretary shall submit to the
Committees on Appropriations of the Senate and House of Representatives
a report describing--
(1) the nature of the research to be conducted using
canines, felines, or non-human primates;
(2) the date on which the Secretary approved the research;
(3) the justification for the determination of the Secretary
that the scientific objectives of such research could only be
met using canines, felines, or non-human primates;
(4) the frequency and duration of such research; and
(5) the protocols in place to ensure the necessity, safety,
and efficacy of the research; and
(d) <<NOTE: Reports.>> Not later than 180 days after the date of
the enactment of this Act, and biannually thereafter, the Secretary
shall submit to such Committees a report describing--
(1) any research being conducted by the Department of
Veterans Affairs using canines, felines, or non-human primates
as of the date of the submittal of the report;
[[Page 133 STAT. 2807]]
(2) the circumstances under which such research was
conducted using canines, felines, or non-human primates;
(3) the justification for using canines, felines, or non-
human primates to conduct such research; and
(4) the protocols in place to ensure the necessity, safety,
and efficacy of such research.
(e) <<NOTE: Deadlines. Plan.>> Not later than December 31, 2020,
the Secretary shall submit to such Committees a plan under which the
Secretary will eliminate or reduce the research conducted using canines,
felines, or non-human primates by not later than five years after the
date of the enactment of this Act.
Sec. 250. None <<NOTE: New York. Market assessment.>> of the funds
made available by this Act may be used by the Secretary of Veterans
Affairs to close the community based outpatient clinic located in
Bainbridge, New York, until the Secretary of Veterans Affairs submits to
the Committees on Appropriations of the House of Representatives and the
Senate a market area assessment.
Sec. 251. (a) <<NOTE: Deadline.>> Plan Required.--Not later than 90
days after the date of the enactment of this Act, the Secretary of
Veterans Affairs shall submit to the appropriate committees of Congress
a plan to reduce the chances that clinical mistakes by employees of the
Department of Veterans Affairs will result in adverse events that
require institutional or clinical disclosures and to prevent any
unnecessary hardship for patients and families impacted by such adverse
events.
(b) Elements.--The plan required by subsection (a) shall include the
following:
(1) A description of a process for the timely identification
of individuals impacted by disclosures described in subsection
(a) and the process for contacting those individuals or their
next of kin.
(2) A description of procedures for expediting any remedial
or follow-up care required for those individuals.
(3) A detailed outline of proposed changes to the process of
the Department for clinical quality checks and oversight.
(4) A communication plan to ensure all facilities of the
Department are made aware of any requirements updated pursuant
to the plan.
(5) <<NOTE: Timeline.>> A timeline detailing the
implementation of the plan.
(6) An identification of the senior executive of the
Department responsible for ensuring compliance with the plan.
(7) An identification of potential impacts of the plan on
timely diagnoses for patients.
(8) An identification of the processes and procedures for
employees of the Department to make leadership at the facility
and the Department aware of adverse events that are concerning
and that result in disclosures and to ensure that the medical
impact on veterans of such disclosures is minimized.
(c) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Veterans' Affairs and the Subcommittee
on Military Construction, Veterans Affairs, and Related Agencies
of the Committee on Appropriations of the Senate; and
(2) the Committee on Veterans' Affairs and the Subcommittee
on Military Construction, Veterans Affairs, and
[[Page 133 STAT. 2808]]
Related Agencies of the Committee on Appropriations of the House
of Representatives.
Sec. 252. (a) <<NOTE: Deadlines. Time
period. Handbook. Contracts. 38 USC 8110 note.>> Not later than 180
days after the date of the enactment of this Act, and not less
frequently than once every five-year period thereafter, the Secretary of
Veterans Affairs shall update the handbook of the Department of Veterans
Affairs titled ``Planning and Activating Community Based Outpatient
Clinics'', or a successor handbook, to reflect current policies, best
practices, and clarify the roles and responsibilities of the personnel
of the Department involved in the leasing projects of the Department.
(b) The Secretary shall ensure that the handbook specified in
subsection (a) defines ``community based outpatient clinic'' in the same
manner as such term is defined in the Veterans Health Administration
Site Tracking database (commonly known as ``VAST'') as of the date of
the enactment of this Act.
(c) The Secretary shall ensure that the Veterans Health
Administration incorporates the best practices contained in the handbook
specified in subsection (a) in conducting oversight of the medical
centers of the Department of Veterans Affairs and the Veterans
Integrated Service Network.
(d) <<NOTE: Guidance.>> Not later than 180 days after the date of
the enactment of this Act, the Secretary shall provide guidance and
training to employees of the Veterans Health Administration for the use
of the handbook specified in subsection (a). <<NOTE: Updates.>> The
Secretary shall update such guidance and training together with each
update of such handbook.
(rescissions of funds)
Sec. 253. Of the unobligated balances available to the Department
of Veterans Affairs from prior appropriations Acts, the following funds
are hereby rescinded from the following accounts in the amounts
specified:
``Veterans Health Administration, Medical Services'',
$350,000,000;
``Veterans Health Administration, Medical Support and
Compliance'', $10,000,000;
``Veterans Health Administration, Medical and Prosthetic
Research'', $50,000,000;
``Veterans Health Administration, DOD-VA Health Care Sharing
Incentive Fund'', $15,949,000;
``National Cemetery Administration'', $1,000,000;
``Departmental Administration, Board of Veterans Appeals'',
$8,000,000; and
``Departmental Administration, Veterans Electronic Health
Record'', $70,000,000:
Provided, That no amounts may be rescinded from amounts that were
designated by the Congress as an emergency requirement pursuant to a
concurrent resolution on the budget or the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
Sec. 254. Section 252 of the Military Construction, Veterans
Affairs, and Related Agencies Appropriations Act, 2018 (division J of
Public Law 115-141; 132 Stat. 825; 38 U.S.C. 1701 note) is amended by
striking ``The Secretary may carry out a 2-year pilot program'' and
inserting ``During the period preceding October 1, 2022, the Secretary
of Veterans Affairs may carry out a 2-year pilot program''.
[[Page 133 STAT. 2809]]
(rescission of funds)
Sec. 255. The remaining unobligated balances in the ``Department of
Veterans Affairs--Departmental Administration--General Operating
Expenses'' account from the following funds appropriated in Public Law
107-38 are hereby rescinded: Provided, That the amounts rescinded
pursuant to this section that were previously designated by the Congress
as an emergency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985 are designated
by the Congress as an emergency requirement pursuant to section
251(b)(2)(A)(i) of that Act:
(1) funds subject to subsequent enactment and transferred
pursuant to chapter 13 of division B of Public Law 107-117; and
(2) funds made available and subsequently transferred
pursuant to the first proviso under the heading ``Executive
Office of the President and Funds Appropriated to the
President--Emergency Response Fund''.
Sec. 256. Amounts made available for the ``Veterans Health
Administration, Medical Community Care'' account in this or any other
Act for fiscal years 2020 and 2021 may be used for expenses that would
otherwise be payable from the Veterans Choice Fund established by
section 802 of the Veterans Access, Choice, and Accountability Act, as
amended (38 U.S.C. 1701 note).
Sec. 257. Hereafter, <<NOTE: Applicability.>> the matter preceding
the first proviso under the heading ``Veterans Health Administration,
Medical Services'' in title II of division C of Public Law 115-244 shall
be applied for the purpose of the appropriations under that heading that
became available on October 1, 2019, by striking ``aid to State homes as
authorized by section 1741 of title 38, United States Code,''.
TITLE III
RELATED AGENCIES
American Battle Monuments Commission
salaries and expenses
For necessary expenses, not otherwise provided for, of the American
Battle Monuments Commission, including the acquisition of land or
interest in land in foreign countries; purchases and repair of uniforms
for caretakers of national cemeteries and monuments outside of the
United States and its territories and possessions; rent of office and
garage space in foreign countries; purchase (one-for-one replacement
basis only) and hire of passenger motor vehicles; not to exceed $15,000
for official reception and representation expenses; and insurance of
official motor vehicles in foreign countries, when required by law of
such countries, $84,100,000, to remain available until expended.
foreign currency fluctuations account
For necessary expenses, not otherwise provided for, of the American
Battle Monuments Commission, such sums as may be
[[Page 133 STAT. 2810]]
necessary, to remain available until expended, for purposes authorized
by section 2109 of title 36, United States Code.
United States Court of Appeals for Veterans Claims
salaries and expenses
For necessary expenses for the operation of the United States Court
of Appeals for Veterans Claims as authorized by sections 7251 through
7298 of title 38, United States Code, $35,400,000: Provided, That
$2,698,997 shall be available for the purpose of providing financial
assistance as described and in accordance with the process and reporting
procedures set forth under this heading in Public Law 102-229.
Department of Defense--Civil
Cemeterial Expenses, Army
salaries and expenses
For necessary expenses for maintenance, operation, and improvement
of Arlington National Cemetery and Soldiers' and Airmen's Home National
Cemetery, including the purchase or lease of passenger motor vehicles
for replacement on a one-for-one basis only, and not to exceed $2,000
for official reception and representation expenses, $80,800,000, of
which not to exceed $15,000,000 shall remain available until September
30, 2022. In addition, such sums as may be necessary for parking
maintenance, repairs and replacement, to be derived from the ``Lease of
Department of Defense Real Property for Defense Agencies'' account.
Armed Forces Retirement Home
trust fund
For expenses necessary for the Armed Forces Retirement Home to
operate and maintain the Armed Forces Retirement Home--Washington,
District of Columbia, and the Armed Forces Retirement Home--Gulfport,
Mississippi, to be paid from funds available in the Armed Forces
Retirement Home Trust Fund, $75,300,000, of which $12,000,000 shall
remain available until expended for construction and renovation of the
physical plants at the Armed Forces Retirement Home--Washington,
District of Columbia, and the Armed Forces Retirement Home--Gulfport,
Mississippi: Provided, That of the amounts made available under this
heading from funds available in the Armed Forces Retirement Home Trust
Fund, $22,000,000 shall be paid from the general fund of the Treasury to
the Trust Fund.
Administrative Provision
Sec. 301. Amounts deposited into the special account established
under 10 U.S.C. 4727 are appropriated and shall be available until
expended to support activities at the Army National Military Cemeteries.
[[Page 133 STAT. 2811]]
TITLE IV
OVERSEAS CONTINGENCY OPERATIONS
DEPARTMENT OF DEFENSE
Military Construction, Army
For an additional amount for ``Military Construction, Army'',
$111,968,000, to remain available until September 30, 2024, for projects
outside of the United States: Provided, That such amount is designated
by the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Military Construction, Navy and Marine Corps
For an additional amount for ``Military Construction, Navy and
Marine Corps'', $94,570,000, to remain available until September 30,
2024, for projects outside of the United States: Provided, That such
amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Military Construction, Air Force
For an additional amount for ``Military Construction, Air Force''
$391,988,000, to remain available until September 30, 2024, for projects
outside of the United States: Provided, That such amount is designated
by the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Military Construction, Defense-Wide
For an additional amount for ``Military Construction, Defense-
Wide'', $46,000,000, to remain available until September 30, 2024, for
projects outside of the United States: Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
Administrative Provision
Sec. 401. None <<NOTE: Lists. Time period.>> of the funds
appropriated for military construction projects outside the United
States under this title may be obligated or expended for planning and
design of any project associated with the European Deterrence Initiative
until the Secretary of Defense develops and submits to the congressional
defense committees, in a classified and unclassified format, a list of
all of the military construction projects associated with the European
Deterrence Initiative which the Secretary anticipates will be carried
out during each of the fiscal years 2021 through 2025.
[[Page 133 STAT. 2812]]
TITLE V
NATURAL DISASTER RELIEF
DEPARTMENT OF DEFENSE
Military Construction, Navy and Marine Corps
For an additional amount for ``Military Construction, Navy and
Marine Corps'', $3,477,000,000, to remain available until September 30,
2024, for necessary expenses related to the consequences of Hurricanes
Michael and Florence and flooding and earthquakes occurring in fiscal
year 2019: Provided, That <<NOTE: Form requests.>> none of the funds
made available in this Act to the Navy and Marine Corps for such
recovery efforts shall be available for obligation until the Committees
on Appropriations of the House of Representatives and the Senate receive
form 1391 for each specific request: Provided further,
That, <<NOTE: Deadline. Expenditure plan.>> not later than 60 days
after enactment of this Act, the Secretary of the Navy, or his designee,
shall submit to the Committees on Appropriations of the House of
Representatives and the Senate a detailed expenditure plan for funds
provided under this heading in this title: Provided further, That such
funds may be obligated or expended for planning and design and military
construction projects not otherwise authorized by law: Provided
further, That such amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Military Construction, Air Force
For an additional amount for ``Military Construction, Air Force'',
$2,605,200,000, to remain available until September 30, 2024, for
necessary expenses related to the consequences of Hurricanes Michael and
Florence and flooding and earthquakes occurring in fiscal year 2019:
Provided, That <<NOTE: Form requests.>> none of the funds made
available in this Act to the Air Force for such recovery efforts shall
be available for obligation until the Committees on Appropriations of
the House of Representatives and the Senate receive form 1391 for each
specific request: Provided further, That, <<NOTE: Deadline. Expenditure
plan.>> not later than 60 days after enactment of this Act, the
Secretary of the Air Force, or his designee, shall submit to the
Committees on Appropriations of the House of Representatives and the
Senate a detailed expenditure plan for funds provided under this heading
in this title: Provided further, That such funds may be obligated or
expended for planning and design and military construction projects not
otherwise authorized by law: Provided further, That such amount is
designated by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Military Construction, Defense-Wide
For an additional amount for ``Military Construction, Defense-
Wide'', $77,175,000, to remain available until September 30, 2024, for
necessary expenses related to the consequences of Hurricanes Michael and
Florence and flooding and earthquakes occurring in fiscal year 2019:
Provided, That <<NOTE: Form requests.>> none of the funds made
available in this Act to the Department of Defense for such recovery
efforts
[[Page 133 STAT. 2813]]
shall be available for obligation until the Committees on Appropriations
of the House of Representatives and the Senate receive form 1391 for
each specific request: Provided further,
That, <<NOTE: Deadline. Expenditure plan.>> not later than 60 days
after enactment of this Act, the Secretary of Defense, or his designee,
shall submit to the Committees on Appropriations of the House of
Representatives and the Senate a detailed expenditure plan for funds
provided under this heading in this title: Provided further, That such
funds may be obligated or expended for planning and design and military
construction projects not otherwise authorized by law: Provided
further, That such amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Military Construction, Army National Guard
For an additional amount for ``Military Construction, Army National
Guard'', $66,000,000, to remain available until September 30, 2024, for
necessary expenses related to the consequences of Hurricanes Michael and
Florence and flooding, tornadoes, and earthquakes occurring in fiscal
year 2019: Provided, That <<NOTE: Form requests.>> none of the funds
made available in this Act to the Army National Guard for such recovery
efforts shall be available for obligation until the Committees on
Appropriations of the House of Representatives and the Senate receive
form 1391 for each specific request: Provided further,
That, <<NOTE: Deadline. Expenditure plan.>> not later than 60 days
after enactment of this Act, the Director of the Army National Guard, or
his designee, shall submit to the Committees on Appropriations of the
House of Representatives and the Senate a detailed expenditure plan for
funds provided under this heading in this title: Provided further, That
such funds may be obligated or expended for planning and design and
military construction projects not otherwise authorized by law:
Provided further, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Military Construction, Army Reserve
For an additional amount for ``Military Construction, Army
Reserve'', $3,300,000, to remain available until September 30, 2024, for
necessary expenses related to the consequences of Hurricanes Michael and
Florence and flooding and earthquakes occurring in fiscal year 2019:
Provided, That <<NOTE: Form requests.>> none of the funds made
available in this Act to the Army Reserve for such recovery efforts
shall be available for obligation until the Committees on Appropriations
of the House of Representatives and the Senate receive form 1391 for
each specific request: Provided further,
That, <<NOTE: Deadline. Expenditure plan.>> not later than 60 days
after enactment of this Act, the Secretary of the Army, or his designee,
shall submit to the Committees on Appropriations of the House of
Representatives and the Senate a detailed expenditure plan for funds
provided under this heading in this title: Provided further, That such
funds may be obligated or expended for planning and design and military
construction projects not otherwise authorized by law: Provided
further, That such amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
[[Page 133 STAT. 2814]]
ADMINISTRATIVE PROVISION
Sec. 501. Notwithstanding any other provision of law, funds made
available under each heading in this title shall only be used for the
purposes specifically described under that heading.
TITLE VI
GENERAL PROVISIONS
Sec. 601. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 602. None of the funds made available in this Act may be used
for any program, project, or activity, when it is made known to the
Federal entity or official to which the funds are made available that
the program, project, or activity is not in compliance with any Federal
law relating to risk assessment, the protection of private property
rights, or unfunded mandates.
Sec. 603. All departments and agencies funded under this Act are
encouraged, within the limits of the existing statutory authorities and
funding, to expand their use of ``E-Commerce'' technologies and
procedures in the conduct of their business practices and public service
activities.
Sec. 604. Unless <<NOTE: Reports. Notifications.>> stated
otherwise, all reports and notification
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