[Congressional Record Volume 165, Number 204 (Tuesday, December 17, 2019)]
[House]
[Pages H10316-H10386]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
DHS CYBER INCIDENT RESPONSE TEAMS ACT OF 2019
Mrs. LOWEY. Madam Speaker, pursuant to House Resolution 765, I call
up the bill (H.R. 1158) to authorize cyber incident response teams at
the Department of Homeland Security, and for other purposes, with the
Senate amendment thereto, and ask for its immediate consideration.
The Clerk read the title of the bill.
The SPEAKER pro tempore. The Clerk will designate the Senate
amendment.
Senate amendment:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``DHS Cyber Hunt and Incident
Response Teams Act of 2019''.
SEC. 2. DEPARTMENT OF HOMELAND SECURITY CYBER HUNT AND
INCIDENT RESPONSE TEAMS.
(a) In General.--Section 2209 of the Homeland Security Act
of 2002 (6 U.S.C. 659) is amended--
(1) in subsection (d)(1)(B)(iv), by inserting ``, including
cybersecurity specialists'' after ``entities'';
(2) by redesignating subsections (f) through (m) as
subsections (g) through (n), respectively;
(3) by inserting after subsection (e) the following:
``(f) Cyber Hunt and Incident Response Teams.--
``(1) In general.--The Center shall maintain cyber hunt and
incident response teams for the purpose of leading Federal
asset response activities and providing timely technical
assistance to Federal and non-Federal entities, including
across all critical infrastructure sectors, regarding actual
or potential security incidents, as appropriate and upon
request, including--
``(A) assistance to asset owners and operators in restoring
services following a cyber incident;
``(B) identification and analysis of cybersecurity risk and
unauthorized cyber activity;
``(C) mitigation strategies to prevent, deter, and protect
against cybersecurity risks;
``(D) recommendations to asset owners and operators for
improving overall network and control systems security to
lower cybersecurity risks, and other recommendations, as
appropriate; and
``(E) such other capabilities as the Secretary determines
appropriate.
``(2) Associated metrics.--The Center shall--
``(A) define the goals and desired outcomes for each cyber
hunt and incident response team; and
``(B) develop metrics--
``(i) to measure the effectiveness and efficiency of each
cyber hunt and incident response team in achieving the goals
and desired outcomes defined under subparagraph (A); and
``(ii) that--
``(I) are quantifiable and actionable; and
``(II) the Center shall use to improve the effectiveness
and accountability of, and service delivery by, cyber hunt
and incident response teams.
``(3) Cybersecurity specialists.--After notice to, and with
the approval of, the entity requesting action by or technical
assistance from the Center, the Secretary may include
cybersecurity specialists from the private sector on a cyber
hunt and incident response team.''; and
(4) in subsection (g), as so redesignated--
(A) in paragraph (1), by inserting ``, or any team or
activity of the Center,'' after ``Center''; and
(B) in paragraph (2), by inserting ``, or any team or
activity of the Center,'' after ``Center''.
(b) Report.--
(1) Definitions.--In this subsection--
(A) the term ``Center'' means the national cybersecurity
and communications integration center established under
section 2209(b) of the Homeland Security Act of 2002 (6
U.S.C. 659(b));
(B) the term ``cyber hunt and incident response team''
means a cyber hunt and incident response team maintained
under section 2209(f) of the Homeland Security Act of 2002 (6
U.S.C. 659(f)), as added by this Act; and
(C) the term ``incident'' has the meaning given the term in
section 2209(a) of the Homeland Security Act of 2002 (6
U.S.C. 659(a)).
(2) Report.--At the conclusion of each of the first 4
fiscal years after the date of enactment of the DHS Cyber
Hunt and Incident Response Teams Act of 2019, the Center
shall submit to the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Homeland Security of the House of Representatives a report
that includes--
(A) information relating to the metrics used for evaluation
and assessment of the cyber hunt and incident response teams
and operations under section 2209(f)(2) of the Homeland
Security Act of 2002 (6 U.S.C. 659(f)(2)), as added by this
Act, including the resources and staffing of those cyber hunt
and incident response teams; and
(B) for the period covered by the report--
(i) the total number of incident response requests
received;
(ii) the number of incident response tickets opened; and
(iii) a statement of--
(I) all interagency staffing of cyber hunt and incident
response teams; and
(II) the interagency collaborations established to support
cyber hunt and incident response teams.
(c) No Additional Funds Authorized.--No additional funds
are authorized to be appropriated to carry out the
requirements of this Act and the amendments made by this Act.
Such requirements shall be carried out using amounts
otherwise authorized to be appropriated.
Motion to Concur
Mrs. LOWEY. Madam Speaker, I have a motion at the desk.
The SPEAKER pro tempore. The Clerk will designate the motion.
The text of the motion is as follows:
Mrs. LOWEY moves that the House concur in the Senate amendment to
H.R. 1158 with an amendment consisting of the text of Rules Committee
Print 116-43.
The text of the House amendment to the Senate amendment to the text
is as follows:
In lieu of the matter proposed to be inserted by the
Senate, insert the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Consolidated Appropriations
Act, 2020''.
SEC. 2. TABLE OF CONTENTS.
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
Sec. 4. Explanatory statement.
Sec. 5. Statement of appropriations.
Sec. 6. Availability of funds.
DIVISION A--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2020
Title I--Military Personnel
Title II--Operation and Maintenance
Title III--Procurement
Title IV--Research, Development, Test and Evaluation
Title V--Revolving and Management Funds
Title VI--Other Department of Defense Programs
Title VII--Related Agencies
Title VIII--General Provisions
Title IX--Overseas Contingency Operations
Title X--Natural Disaster Relief
DIVISION B--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
APPROPRIATIONS ACT, 2020
Title I--Department of Commerce
Title II--Department of Justice
Title III--Science
Title IV--Related Agencies
Title V--General Provisions
DIVISION C--FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS
ACT, 2020
Title I--Department of the Treasury
[[Page H10317]]
Title II--Executive Office of the President and Funds Appropriated to
the President
Title III--The Judiciary
Title IV--District of Columbia
Title V--Independent Agencies
Title VI--General Provisions--This Act
Title VII--General Provisions--Government-wide
Title VIII--General Provisions--District of Columbia
DIVISION D--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2020
Title I--Departmental Management, Operations, Intelligence, and
Oversight
Title II--Security, Enforcement, and Investigations
Title III--Protection, Preparedness, Response, and Recovery
Title IV--Research, Development, Training, and Services
Title V--General Provisions
SEC. 3. REFERENCES.
Except as expressly provided otherwise, any reference to
``this Act'' contained in any division of this Act shall be
treated as referring only to the provisions of that division.
SEC. 4. EXPLANATORY STATEMENT.
The explanatory statement regarding this Act, printed in
the House section of the Congressional Record on or about
December 17, 2019, and submitted by the Chairwoman of the
Committee on Appropriations of the House, shall have the same
effect with respect to the allocation of funds and
implementation of divisions A through D of this Act as if it
were a joint explanatory statement of a committee of
conference.
SEC. 5. STATEMENT OF APPROPRIATIONS.
The following sums in this Act are appropriated, out of any
money in the Treasury not otherwise appropriated, for the
fiscal year ending September 30, 2020.
SEC. 6. AVAILABILITY OF FUNDS.
(a) Each amount designated in this Act by the Congress as
an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of
1985 shall be available (or rescinded, if applicable) only if
the President subsequently so designates all such amounts and
transmits such designations to the Congress.
(b) Each amount designated in this Act by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985 shall be available
(or rescinded, if applicable) only if the President
subsequently so designates all such amounts and transmits
such designations to the Congress.
DIVISION A--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2020
TITLE I
MILITARY PERSONNEL
Military Personnel, Army
For pay, allowances, individual clothing, subsistence,
interest on deposits, gratuities, permanent change of station
travel (including all expenses thereof for organizational
movements), and expenses of temporary duty travel between
permanent duty stations, for members of the Army on active
duty (except members of reserve components provided for
elsewhere), cadets, and aviation cadets; for members of the
Reserve Officers' Training Corps; and for payments pursuant
to section 156 of Public Law 97-377, as amended (42 U.S.C.
402 note), and to the Department of Defense Military
Retirement Fund, $42,746,972,000.
Military Personnel, Navy
For pay, allowances, individual clothing, subsistence,
interest on deposits, gratuities, permanent change of station
travel (including all expenses thereof for organizational
movements), and expenses of temporary duty travel between
permanent duty stations, for members of the Navy on active
duty (except members of the Reserve provided for elsewhere),
midshipmen, and aviation cadets; for members of the Reserve
Officers' Training Corps; and for payments pursuant to
section 156 of Public Law 97-377, as amended (42 U.S.C. 402
note), and to the Department of Defense Military Retirement
Fund, $31,710,431,000.
Military Personnel, Marine Corps
For pay, allowances, individual clothing, subsistence,
interest on deposits, gratuities, permanent change of station
travel (including all expenses thereof for organizational
movements), and expenses of temporary duty travel between
permanent duty stations, for members of the Marine Corps on
active duty (except members of the Reserve provided for
elsewhere); and for payments pursuant to section 156 of
Public Law 97-377, as amended (42 U.S.C. 402 note), and to
the Department of Defense Military Retirement Fund,
$14,098,666,000.
Military Personnel, Air Force
For pay, allowances, individual clothing, subsistence,
interest on deposits, gratuities, permanent change of station
travel (including all expenses thereof for organizational
movements), and expenses of temporary duty travel between
permanent duty stations, for members of the Air Force on
active duty (except members of reserve components provided
for elsewhere), cadets, and aviation cadets; for members of
the Reserve Officers' Training Corps; and for payments
pursuant to section 156 of Public Law 97-377, as amended (42
U.S.C. 402 note), and to the Department of Defense Military
Retirement Fund, $31,239,149,000.
Reserve Personnel, Army
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Army
Reserve on active duty under sections 10211, 10302, and 7038
of title 10, United States Code, or while serving on active
duty under section 12301(d) of title 10, United States Code,
in connection with performing duty specified in section
12310(a) of title 10, United States Code, or while undergoing
reserve training, or while performing drills or equivalent
duty or other duty, and expenses authorized by section 16131
of title 10, United States Code; and for payments to the
Department of Defense Military Retirement Fund,
$4,922,087,000.
Reserve Personnel, Navy
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Navy
Reserve on active duty under section 10211 of title 10,
United States Code, or while serving on active duty under
section 12301(d) of title 10, United States Code, in
connection with performing duty specified in section 12310(a)
of title 10, United States Code, or while undergoing reserve
training, or while performing drills or equivalent duty, and
expenses authorized by section 16131 of title 10, United
States Code; and for payments to the Department of Defense
Military Retirement Fund, $2,115,997,000.
Reserve Personnel, Marine Corps
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Marine
Corps Reserve on active duty under section 10211 of title 10,
United States Code, or while serving on active duty under
section 12301(d) of title 10, United States Code, in
connection with performing duty specified in section 12310(a)
of title 10, United States Code, or while undergoing reserve
training, or while performing drills or equivalent duty, and
for members of the Marine Corps platoon leaders class, and
expenses authorized by section 16131 of title 10, United
States Code; and for payments to the Department of Defense
Military Retirement Fund, $833,604,000.
Reserve Personnel, Air Force
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Air Force
Reserve on active duty under sections 10211, 10305, and 8038
of title 10, United States Code, or while serving on active
duty under section 12301(d) of title 10, United States Code,
in connection with performing duty specified in section
12310(a) of title 10, United States Code, or while undergoing
reserve training, or while performing drills or equivalent
duty or other duty, and expenses authorized by section 16131
of title 10, United States Code; and for payments to the
Department of Defense Military Retirement Fund,
$2,014,190,000.
National Guard Personnel, Army
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Army
National Guard while on duty under sections 10211, 10302, or
12402 of title 10 or section 708 of title 32, United States
Code, or while serving on duty under section 12301(d) of
title 10 or section 502(f) of title 32, United States Code,
in connection with performing duty specified in section
12310(a) of title 10, United States Code, or while undergoing
training, or while performing drills or equivalent duty or
other duty, and expenses authorized by section 16131 of title
10, United States Code; and for payments to the Department of
Defense Military Retirement Fund, $8,704,320,000.
National Guard Personnel, Air Force
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Air
National Guard on duty under sections 10211, 10305, or 12402
of title 10 or section 708 of title 32, United States Code,
or while serving on duty under section 12301(d) of title 10
or section 502(f) of title 32, United States Code, in
connection with performing duty specified in section 12310(a)
of title 10, United States Code, or while undergoing
training, or while performing drills or equivalent duty or
other duty, and expenses authorized by section 16131 of title
10, United States Code; and for payments to the Department of
Defense Military Retirement Fund, $4,060,651,000.
TITLE II
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Army, as authorized by law,
$39,597,083,000: Provided, That not to exceed $12,478,000
can be used for emergencies and extraordinary expenses, to be
expended on the approval or authority of the Secretary of the
Army, and payments may be made on his certificate of
necessity for confidential military purposes.
Operation and Maintenance, Navy
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Navy and the Marine Corps,
as authorized by law, $47,622,510,000: Provided, That not to
exceed $15,055,000 can be used for emergencies and
extraordinary expenses, to be expended on the approval or
authority of the Secretary of the Navy, and payments may be
made on his certificate of necessity for confidential
military purposes.
Operation and Maintenance, Marine Corps
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Marine Corps, as authorized
by law, $7,868,468,000.
[[Page H10318]]
Operation and Maintenance, Air Force
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Air Force, as authorized by
law, $42,736,365,000: Provided, That not to exceed
$7,699,000 can be used for emergencies and extraordinary
expenses, to be expended on the approval or authority of the
Secretary of the Air Force, and payments may be made on his
certificate of necessity for confidential military purposes.
Operation and Maintenance, Space Force
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Space Force, as authorized
by law, $40,000,000.
Operation and Maintenance, Defense-Wide
(including transfer of funds)
For expenses, not otherwise provided for, necessary for the
operation and maintenance of activities and agencies of the
Department of Defense (other than the military departments),
as authorized by law, $37,491,073,000: Provided, That not
more than $6,859,000 may be used for the Combatant Commander
Initiative Fund authorized under section 166a of title 10,
United States Code: Provided further, That not to exceed
$36,000,000 can be used for emergencies and extraordinary
expenses, to be expended on the approval or authority of the
Secretary of Defense, and payments may be made on his
certificate of necessity for confidential military purposes:
Provided further, That of the funds provided under this
heading, not less than $44,500,000 shall be made available
for the Procurement Technical Assistance Cooperative
Agreement Program, of which not less than $4,500,000 shall be
available for centers defined in 10 U.S.C. 2411(1)(D):
Provided further, That none of the funds appropriated or
otherwise made available by this Act may be used to plan or
implement the consolidation of a budget or appropriations
liaison office of the Office of the Secretary of Defense, the
office of the Secretary of a military department, or the
service headquarters of one of the Armed Forces into a
legislative affairs or legislative liaison office: Provided
further, That $17,732,000, to remain available until
expended, is available only for expenses relating to certain
classified activities, and may be transferred as necessary by
the Secretary of Defense to operation and maintenance
appropriations or research, development, test and evaluation
appropriations, to be merged with and to be available for the
same time period as the appropriations to which transferred:
Provided further, That any ceiling on the investment item
unit cost of items that may be purchased with operation and
maintenance funds shall not apply to the funds described in
the preceding proviso: Provided further, That of the funds
provided under this heading, $643,073,000, of which
$160,768,000, to remain available until September 30, 2021,
shall be available to provide support and assistance to
foreign security forces or other groups or individuals to
conduct, support or facilitate counterterrorism, crisis
response, or other Department of Defense security cooperation
programs: Provided further, That the transfer authority
provided under this heading is in addition to any other
transfer authority provided elsewhere in this Act.
Operation and Maintenance, Army Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization,
and administration, of the Army Reserve; repair of facilities
and equipment; hire of passenger motor vehicles; travel and
transportation; care of the dead; recruiting; procurement of
services, supplies, and equipment; and communications,
$2,984,494,000.
Operation and Maintenance, Navy Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization,
and administration, of the Navy Reserve; repair of facilities
and equipment; hire of passenger motor vehicles; travel and
transportation; care of the dead; recruiting; procurement of
services, supplies, and equipment; and communications,
$1,102,616,000.
Operation and Maintenance, Marine Corps Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization,
and administration, of the Marine Corps Reserve; repair of
facilities and equipment; hire of passenger motor vehicles;
travel and transportation; care of the dead; recruiting;
procurement of services, supplies, and equipment; and
communications, $289,076,000.
Operation and Maintenance, Air Force Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization,
and administration, of the Air Force Reserve; repair of
facilities and equipment; hire of passenger motor vehicles;
travel and transportation; care of the dead; recruiting;
procurement of services, supplies, and equipment; and
communications, $3,227,318,000.
Operation and Maintenance, Army National Guard
For expenses of training, organizing, and administering the
Army National Guard, including medical and hospital treatment
and related expenses in non-Federal hospitals; maintenance,
operation, and repairs to structures and facilities; hire of
passenger motor vehicles; personnel services in the National
Guard Bureau; travel expenses (other than mileage), as
authorized by law for Army personnel on active duty, for Army
National Guard division, regimental, and battalion commanders
while inspecting units in compliance with National Guard
Bureau regulations when specifically authorized by the Chief,
National Guard Bureau; supplying and equipping the Army
National Guard as authorized by law; and expenses of repair,
modification, maintenance, and issue of supplies and
equipment (including aircraft), $7,461,947,000.
Operation and Maintenance, Air National Guard
For expenses of training, organizing, and administering the
Air National Guard, including medical and hospital treatment
and related expenses in non-Federal hospitals; maintenance,
operation, and repairs to structures and facilities;
transportation of things, hire of passenger motor vehicles;
supplying and equipping the Air National Guard, as authorized
by law; expenses for repair, modification, maintenance, and
issue of supplies and equipment, including those furnished
from stocks under the control of agencies of the Department
of Defense; travel expenses (other than mileage) on the same
basis as authorized by law for Air National Guard personnel
on active Federal duty, for Air National Guard commanders
while inspecting units in compliance with National Guard
Bureau regulations when specifically authorized by the Chief,
National Guard Bureau, $6,655,292,000.
United States Court of Appeals for the Armed Forces
For salaries and expenses necessary for the United States
Court of Appeals for the Armed Forces, $14,771,000, of which
not to exceed $5,000 may be used for official representation
purposes.
Environmental Restoration, Army
(including transfer of funds)
For the Department of the Army, $251,700,000, to remain
available until transferred: Provided, That the Secretary of
the Army shall, upon determining that such funds are required
for environmental restoration, reduction and recycling of
hazardous waste, removal of unsafe buildings and debris of
the Department of the Army, or for similar purposes, transfer
the funds made available by this appropriation to other
appropriations made available to the Department of the Army,
to be merged with and to be available for the same purposes
and for the same time period as the appropriations to which
transferred: Provided further, That upon a determination
that all or part of the funds transferred from this
appropriation are not necessary for the purposes provided
herein, such amounts may be transferred back to this
appropriation: Provided further, That the transfer authority
provided under this heading is in addition to any other
transfer authority provided elsewhere in this Act.
Environmental Restoration, Navy
(including transfer of funds)
For the Department of the Navy, $385,000,000, to remain
available until transferred: Provided, That the Secretary of
the Navy shall, upon determining that such funds are required
for environmental restoration, reduction and recycling of
hazardous waste, removal of unsafe buildings and debris of
the Department of the Navy, or for similar purposes, transfer
the funds made available by this appropriation to other
appropriations made available to the Department of the Navy,
to be merged with and to be available for the same purposes
and for the same time period as the appropriations to which
transferred: Provided further, That upon a determination
that all or part of the funds transferred from this
appropriation are not necessary for the purposes provided
herein, such amounts may be transferred back to this
appropriation: Provided further, That the transfer authority
provided under this heading is in addition to any other
transfer authority provided elsewhere in this Act.
Environmental Restoration, Air Force
(including transfer of funds)
For the Department of the Air Force, $485,000,000, to
remain available until transferred: Provided, That the
Secretary of the Air Force shall, upon determining that such
funds are required for environmental restoration, reduction
and recycling of hazardous waste, removal of unsafe buildings
and debris of the Department of the Air Force, or for similar
purposes, transfer the funds made available by this
appropriation to other appropriations made available to the
Department of the Air Force, to be merged with and to be
available for the same purposes and for the same time period
as the appropriations to which transferred: Provided
further, That upon a determination that all or part of the
funds transferred from this appropriation are not necessary
for the purposes provided herein, such amounts may be
transferred back to this appropriation: Provided further,
That the transfer authority provided under this heading is in
addition to any other transfer authority provided elsewhere
in this Act.
Environmental Restoration, Defense-Wide
(including transfer of funds)
For the Department of Defense, $19,002,000, to remain
available until transferred: Provided, That the Secretary of
Defense shall, upon determining that such funds are required
for environmental restoration, reduction and recycling of
hazardous waste, removal of unsafe buildings and debris of
the
[[Page H10319]]
Department of Defense, or for similar purposes, transfer the
funds made available by this appropriation to other
appropriations made available to the Department of Defense,
to be merged with and to be available for the same purposes
and for the same time period as the appropriations to which
transferred: Provided further, That upon a determination
that all or part of the funds transferred from this
appropriation are not necessary for the purposes provided
herein, such amounts may be transferred back to this
appropriation: Provided further, That the transfer authority
provided under this heading is in addition to any other
transfer authority provided elsewhere in this Act.
Environmental Restoration, Formerly Used Defense Sites
(including transfer of funds)
For the Department of the Army, $275,000,000, to remain
available until transferred: Provided, That the Secretary of
the Army shall, upon determining that such funds are required
for environmental restoration, reduction and recycling of
hazardous waste, removal of unsafe buildings and debris at
sites formerly used by the Department of Defense, transfer
the funds made available by this appropriation to other
appropriations made available to the Department of the Army,
to be merged with and to be available for the same purposes
and for the same time period as the appropriations to which
transferred: Provided further, That upon a determination
that all or part of the funds transferred from this
appropriation are not necessary for the purposes provided
herein, such amounts may be transferred back to this
appropriation: Provided further, That the transfer authority
provided under this heading is in addition to any other
transfer authority provided elsewhere in this Act.
Overseas Humanitarian, Disaster, and Civic Aid
For expenses relating to the Overseas Humanitarian,
Disaster, and Civic Aid programs of the Department of Defense
(consisting of the programs provided under sections 401, 402,
404, 407, 2557, and 2561 of title 10, United States Code),
$135,000,000, to remain available until September 30, 2021.
Cooperative Threat Reduction Account
For assistance, including assistance provided by contract
or by grants, under programs and activities of the Department
of Defense Cooperative Threat Reduction Program authorized
under the Department of Defense Cooperative Threat Reduction
Act, $373,700,000, to remain available until September 30,
2022.
Department of Defense Acquisition Workforce Development Fund
For the Department of Defense Acquisition Workforce
Development Fund, $400,000,000, to remain available for
obligation until September 30, 2021: Provided, That no other
amounts may be otherwise credited or transferred to the Fund,
or deposited into the Fund, in fiscal year 2020 pursuant to
section 1705(d) of title 10, United States Code.
TITLE III
PROCUREMENT
Aircraft Procurement, Army
For construction, procurement, production, modification,
and modernization of aircraft, equipment, including ordnance,
ground handling equipment, spare parts, and accessories
therefor; specialized equipment and training devices;
expansion of public and private plants, including the land
necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
and procurement and installation of equipment, appliances,
and machine tools in public and private plants; reserve plant
and Government and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes,
$3,771,329,000, to remain available for obligation until
September 30, 2022.
Missile Procurement, Army
For construction, procurement, production, modification,
and modernization of missiles, equipment, including ordnance,
ground handling equipment, spare parts, and accessories
therefor; specialized equipment and training devices;
expansion of public and private plants, including the land
necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
and procurement and installation of equipment, appliances,
and machine tools in public and private plants; reserve plant
and Government and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes,
$2,995,673,000, to remain available for obligation until
September 30, 2022.
Procurement of Weapons and Tracked Combat Vehicles, Army
For construction, procurement, production, and modification
of weapons and tracked combat vehicles, equipment, including
ordnance, spare parts, and accessories therefor; specialized
equipment and training devices; expansion of public and
private plants, including the land necessary therefor, for
the foregoing purposes, and such lands and interests therein,
may be acquired, and construction prosecuted thereon prior to
approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-
owned equipment layaway; and other expenses necessary for the
foregoing purposes, $4,663,597,000, to remain available for
obligation until September 30, 2022.
Procurement of Ammunition, Army
For construction, procurement, production, and modification
of ammunition, and accessories therefor; specialized
equipment and training devices; expansion of public and
private plants, including ammunition facilities, authorized
by section 2854 of title 10, United States Code, and the land
necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
and procurement and installation of equipment, appliances,
and machine tools in public and private plants; reserve plant
and Government and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes,
$2,578,575,000, to remain available for obligation until
September 30, 2022.
Other Procurement, Army
For construction, procurement, production, and modification
of vehicles, including tactical, support, and non-tracked
combat vehicles; the purchase of passenger motor vehicles for
replacement only; communications and electronic equipment;
other support equipment; spare parts, ordnance, and
accessories therefor; specialized equipment and training
devices; expansion of public and private plants, including
the land necessary therefor, for the foregoing purposes, and
such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
and procurement and installation of equipment, appliances,
and machine tools in public and private plants; reserve plant
and Government and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes,
$7,581,524,000, to remain available for obligation until
September 30, 2022.
Aircraft Procurement, Navy
For construction, procurement, production, modification,
and modernization of aircraft, equipment, including ordnance,
spare parts, and accessories therefor; specialized equipment;
expansion of public and private plants, including the land
necessary therefor, and such lands and interests therein, may
be acquired, and construction prosecuted thereon prior to
approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-
owned equipment layaway, $19,605,513,000, to remain available
for obligation until September 30, 2022.
Weapons Procurement, Navy
For construction, procurement, production, modification,
and modernization of missiles, torpedoes, other weapons, and
related support equipment including spare parts, and
accessories therefor; expansion of public and private plants,
including the land necessary therefor, and such lands and
interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant and
Government and contractor-owned equipment layaway,
$4,017,470,000, to remain available for obligation until
September 30, 2022.
Procurement of Ammunition, Navy and Marine Corps
For construction, procurement, production, and modification
of ammunition, and accessories therefor; specialized
equipment and training devices; expansion of public and
private plants, including ammunition facilities, authorized
by section 2854 of title 10, United States Code, and the land
necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
and procurement and installation of equipment, appliances,
and machine tools in public and private plants; reserve plant
and Government and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes,
$843,401,000, to remain available for obligation until
September 30, 2022.
Shipbuilding and Conversion, Navy
For expenses necessary for the construction, acquisition,
or conversion of vessels as authorized by law, including
armor and armament thereof, plant equipment, appliances, and
machine tools and installation thereof in public and private
plants; reserve plant and Government and contractor-owned
equipment layaway; procurement of critical, long lead time
components and designs for vessels to be constructed or
converted in the future; and expansion of public and private
plants, including land necessary therefor, and such lands and
interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title, as follows:
Ohio Replacement Submarine (AP), $1,820,927,000;
Carrier Replacement Program (CVN-80), $1,062,000,000;
Carrier Replacement Program (CVN-81), $1,214,500,000;
Virginia Class Submarine, $5,365,181,000;
Virginia Class Submarine (AP), $2,969,552,000;
CVN Refueling Overhauls, $634,626,000;
CVN Refueling Overhauls (AP), $16,900,000;
DDG-1000 Program, $155,944,000;
DDG-51 Destroyer, $5,065,295,000;
DDG-51 Destroyer (AP), $744,028,000;
FFG-Frigate, $1,281,177,000;
LPD Flight II, $524,100,000;
LHA Replacement, $650,000,000;
Expeditionary Fast Transport, $261,000,000;
[[Page H10320]]
TAO Fleet Oiler, $981,215,000;
TAO Fleet Oiler (AP), $73,000,000;
Towing, Salvage, and Rescue Ship, $150,282,000;
LCU 1700, $83,670,000;
Ship to Shore Connector, $65,000,000;
Service Craft, $56,289,000;
For outfitting, post delivery, conversions, and first
destination transportation, $695,992,000; and
Completion of Prior Year Shipbuilding Programs,
$104,700,000.
In all: $23,975,378,000, to remain available for obligation
until September 30, 2024: Provided, That additional
obligations may be incurred after September 30, 2024, for
engineering services, tests, evaluations, and other such
budgeted work that must be performed in the final stage of
ship construction: Provided further, That none of the funds
provided under this heading for the construction or
conversion of any naval vessel to be constructed in shipyards
in the United States shall be expended in foreign facilities
for the construction of major components of such vessel:
Provided further, That none of the funds provided under this
heading shall be used for the construction of any naval
vessel in foreign shipyards: Provided further, That funds
appropriated or otherwise made available by this Act for Ohio
Replacement Submarine (AP) may be available for the purposes
authorized by subsections (f), (g), (h) or (i) of section
2218a of title 10, United States Code, only in accordance
with the provisions of the applicable subsection: Provided
further, That an appropriation made under the heading
``Shipbuilding and Conversion, Navy'' provided for the
purpose of ``Program increase--advance procurement for fiscal
year 2020 LPD Flight II and/or multiyear procurement economic
order quantity'' shall be considered to be for the purpose of
``Program increase--advance procurement of LPD-31''.
Other Procurement, Navy
For procurement, production, and modernization of support
equipment and materials not otherwise provided for, Navy
ordnance (except ordnance for new aircraft, new ships, and
ships authorized for conversion); the purchase of passenger
motor vehicles for replacement only; expansion of public and
private plants, including the land necessary therefor, and
such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
and procurement and installation of equipment, appliances,
and machine tools in public and private plants; reserve plant
and Government and contractor-owned equipment layaway,
$10,075,257,000, to remain available for obligation until
September 30, 2022: Provided, That such funds are also
available for the maintenance, repair, and modernization of
Pacific Fleet ships under a pilot program established for
such purposes.
Procurement, Marine Corps
For expenses necessary for the procurement, manufacture,
and modification of missiles, armament, military equipment,
spare parts, and accessories therefor; plant equipment,
appliances, and machine tools, and installation thereof in
public and private plants; reserve plant and Government and
contractor-owned equipment layaway; vehicles for the Marine
Corps, including the purchase of passenger motor vehicles for
replacement only; and expansion of public and private plants,
including land necessary therefor, and such lands and
interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title,
$2,898,422,000, to remain available for obligation until
September 30, 2022.
Aircraft Procurement, Air Force
For construction, procurement, and modification of aircraft
and equipment, including armor and armament, specialized
ground handling equipment, and training devices, spare parts,
and accessories therefor; specialized equipment; expansion of
public and private plants, Government-owned equipment and
installation thereof in such plants, erection of structures,
and acquisition of land, for the foregoing purposes, and such
lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
reserve plant and Government and contractor-owned equipment
layaway; and other expenses necessary for the foregoing
purposes including rents and transportation of things,
$17,512,361,000, to remain available for obligation until
September 30, 2022.
Missile Procurement, Air Force
For construction, procurement, and modification of
missiles, rockets, and related equipment, including spare
parts and accessories therefor; ground handling equipment,
and training devices; expansion of public and private plants,
Government-owned equipment and installation thereof in such
plants, erection of structures, and acquisition of land, for
the foregoing purposes, and such lands and interests therein,
may be acquired, and construction prosecuted thereon prior to
approval of title; reserve plant and Government and
contractor-owned equipment layaway; and other expenses
necessary for the foregoing purposes including rents and
transportation of things, $2,575,890,000, to remain available
for obligation until September 30, 2022.
Space Procurement, Air Force
For construction, procurement, and modification of
spacecraft, rockets, and related equipment, including spare
parts and accessories therefor; ground handling equipment,
and training devices; expansion of public and private plants,
Government-owned equipment and installation thereof in such
plants, erection of structures, and acquisition of land, for
the foregoing purposes, and such lands and interests therein,
may be acquired, and construction prosecuted thereon prior to
approval of title; reserve plant and Government and
contractor-owned equipment layaway; and other expenses
necessary for the foregoing purposes including rents and
transportation of things, $2,353,383,000, to remain available
for obligation until September 30, 2022.
Procurement of Ammunition, Air Force
For construction, procurement, production, and modification
of ammunition, and accessories therefor; specialized
equipment and training devices; expansion of public and
private plants, including ammunition facilities, authorized
by section 2854 of title 10, United States Code, and the land
necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
and procurement and installation of equipment, appliances,
and machine tools in public and private plants; reserve plant
and Government and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes,
$1,625,661,000, to remain available for obligation until
September 30, 2022.
Other Procurement, Air Force
For procurement and modification of equipment (including
ground guidance and electronic control equipment, and ground
electronic and communication equipment), and supplies,
materials, and spare parts therefor, not otherwise provided
for; the purchase of passenger motor vehicles for replacement
only; lease of passenger motor vehicles; and expansion of
public and private plants, Government-owned equipment and
installation thereof in such plants, erection of structures,
and acquisition of land, for the foregoing purposes, and such
lands and interests therein, may be acquired, and
construction prosecuted thereon, prior to approval of title;
reserve plant and Government and contractor-owned equipment
layaway, $21,410,021,000, to remain available for obligation
until September 30, 2022.
Procurement, Defense-Wide
For expenses of activities and agencies of the Department
of Defense (other than the military departments) necessary
for procurement, production, and modification of equipment,
supplies, materials, and spare parts therefor, not otherwise
provided for; the purchase of passenger motor vehicles for
replacement only; expansion of public and private plants,
equipment, and installation thereof in such plants, erection
of structures, and acquisition of land for the foregoing
purposes, and such lands and interests therein, may be
acquired, and construction prosecuted thereon prior to
approval of title; reserve plant and Government and
contractor-owned equipment layaway, $5,332,147,000, to remain
available for obligation until September 30, 2022.
Defense Production Act Purchases
For activities by the Department of Defense pursuant to
sections 108, 301, 302, and 303 of the Defense Production Act
of 1950 (50 U.S.C. 4518, 4531, 4532, and 4533), $64,393,000,
to remain available until expended.
TITLE IV
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
For expenses necessary for basic and applied scientific
research, development, test and evaluation, including
maintenance, rehabilitation, lease, and operation of
facilities and equipment, $12,543,435,000, to remain
available for obligation until September 30, 2021.
Research, Development, Test and Evaluation, Navy
For expenses necessary for basic and applied scientific
research, development, test and evaluation, including
maintenance, rehabilitation, lease, and operation of
facilities and equipment, $20,155,115,000, to remain
available for obligation until September 30, 2021: Provided,
That funds appropriated in this paragraph which are available
for the V-22 may be used to meet unique operational
requirements of the Special Operations Forces.
Research, Development, Test and Evaluation, Air Force
For expenses necessary for basic and applied scientific
research, development, test and evaluation, including
maintenance, rehabilitation, lease, and operation of
facilities and equipment, $45,566,955,000, to remain
available for obligation until September 30, 2021.
Research, Development, Test and Evaluation, Defense-Wide
For expenses of activities and agencies of the Department
of Defense (other than the military departments), necessary
for basic and applied scientific research, development, test
and evaluation; advanced research projects as may be
designated and determined by the Secretary of Defense,
pursuant to law; maintenance, rehabilitation, lease, and
operation of facilities and equipment, $25,938,027,000, to
remain available for obligation until September 30, 2021.
Operational Test and Evaluation, Defense
For expenses, not otherwise provided for, necessary for the
independent activities of
[[Page H10321]]
the Director, Operational Test and Evaluation, in the
direction and supervision of operational test and evaluation,
including initial operational test and evaluation which is
conducted prior to, and in support of, production decisions;
joint operational testing and evaluation; and administrative
expenses in connection therewith, $227,700,000, to remain
available for obligation until September 30, 2021.
TITLE V
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For the Defense Working Capital Funds, $1,564,211,000.
TITLE VI
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For expenses, not otherwise provided for, for medical and
health care programs of the Department of Defense as
authorized by law, $34,074,119,000; of which $31,321,665,000,
shall be for operation and maintenance, of which not to
exceed one percent shall remain available for obligation
until September 30, 2021, and of which up to $15,262,668,000
may be available for contracts entered into under the TRICARE
program; of which $446,359,000, to remain available for
obligation until September 30, 2022, shall be for
procurement; and of which $2,306,095,000, to remain available
for obligation until September 30, 2021, shall be for
research, development, test and evaluation: Provided, That,
notwithstanding any other provision of law, of the amount
made available under this heading for research, development,
test and evaluation, not less than $8,000,000 shall be
available for HIV prevention educational activities
undertaken in connection with United States military
training, exercises, and humanitarian assistance activities
conducted primarily in African nations: Provided further,
That of the funds provided under this heading for research,
development, test and evaluation, not less than
$1,383,500,000 shall be made available to the United States
Army Medical Research and Development Command to carry out
the congressionally directed medical research programs:
Provided further, That the Secretary of Defense shall submit
to the Congressional defense committees quarterly reports on
the current status of the deployment of the electronic health
record: Provided further, That the Secretary of Defense
shall provide notice to the Congressional defense committees
not later than ten business days after delaying the proposed
timeline of such deployment if such delay is longer than one
week: Provided further, That the Comptroller General of the
United States shall perform quarterly performance reviews of
such deployment.
Chemical Agents and Munitions Destruction, Defense
For expenses, not otherwise provided for, necessary for the
destruction of the United States stockpile of lethal chemical
agents and munitions in accordance with the provisions of
section 1412 of the Department of Defense Authorization Act,
1986 (50 U.S.C. 1521), and for the destruction of other
chemical warfare materials that are not in the chemical
weapon stockpile, $985,499,000, of which $107,351,000 shall
be for operation and maintenance, of which no less than
$52,452,000 shall be for the Chemical Stockpile Emergency
Preparedness Program, consisting of $22,444,000 for
activities on military installations and $30,008,000, to
remain available until September 30, 2021, to assist State
and local governments; $2,218,000 shall be for procurement,
to remain available until September 30, 2022, of which not
less than $2,218,000 shall be for the Chemical Stockpile
Emergency Preparedness Program to assist State and local
governments; and $875,930,000, to remain available until
September 30, 2021, shall be for research, development, test
and evaluation, of which $869,430,000 shall only be for the
Assembled Chemical Weapons Alternatives program.
Drug Interdiction and Counter-Drug Activities, Defense
(including transfer of funds)
For drug interdiction and counter-drug activities of the
Department of Defense, for transfer to appropriations
available to the Department of Defense for military personnel
of the reserve components serving under the provisions of
title 10 and title 32, United States Code; for operation and
maintenance; for procurement; and for research, development,
test and evaluation, $893,059,000, of which $522,171,000
shall be for counter-narcotics support; $124,922,000 shall be
for the drug demand reduction program; $220,595,000 shall be
for the National Guard counter-drug program; and $25,371,000
shall be for the National Guard counter-drug schools program:
Provided, That the funds appropriated under this heading
shall be available for obligation for the same time period
and for the same purpose as the appropriation to which
transferred: Provided further, That upon a determination
that all or part of the funds transferred from this
appropriation are not necessary for the purposes provided
herein, such amounts may be transferred back to this
appropriation: Provided further, That the transfer authority
provided under this heading is in addition to any other
transfer authority contained elsewhere in this Act.
Office of the Inspector General
For expenses and activities of the Office of the Inspector
General in carrying out the provisions of the Inspector
General Act of 1978, as amended, $363,499,000, of which
$360,201,000 shall be for operation and maintenance, of which
not to exceed $700,000 is available for emergencies and
extraordinary expenses to be expended on the approval or
authority of the Inspector General, and payments may be made
on the Inspector General's certificate of necessity for
confidential military purposes; of which $333,000, to remain
available for obligation until September 30, 2022, shall be
for procurement; and of which $2,965,000, to remain available
until September 30, 2021, shall be for research, development,
test and evaluation.
TITLE VII
RELATED AGENCIES
Central Intelligence Agency Retirement and Disability System Fund
For payment to the Central Intelligence Agency Retirement
and Disability System Fund, to maintain the proper funding
level for continuing the operation of the Central
Intelligence Agency Retirement and Disability System,
$514,000,000.
Intelligence Community Management Account
For necessary expenses of the Intelligence Community
Management Account, $556,000,000.
TITLE VIII
GENERAL PROVISIONS
Sec. 8001. No part of any appropriation contained in this
Act shall be used for publicity or propaganda purposes not
authorized by the Congress.
Sec. 8002. During the current fiscal year, provisions of
law prohibiting the payment of compensation to, or employment
of, any person not a citizen of the United States shall not
apply to personnel of the Department of Defense: Provided,
That salary increases granted to direct and indirect hire
foreign national employees of the Department of Defense
funded by this Act shall not be at a rate in excess of the
percentage increase authorized by law for civilian employees
of the Department of Defense whose pay is computed under the
provisions of section 5332 of title 5, United States Code, or
at a rate in excess of the percentage increase provided by
the appropriate host nation to its own employees, whichever
is higher: Provided further, That this section shall not
apply to Department of Defense foreign service national
employees serving at United States diplomatic missions whose
pay is set by the Department of State under the Foreign
Service Act of 1980: Provided further, That the limitations
of this provision shall not apply to foreign national
employees of the Department of Defense in the Republic of
Turkey.
Sec. 8003. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year, unless expressly so provided herein.
Sec. 8004. No more than 20 percent of the appropriations
in this Act which are limited for obligation during the
current fiscal year shall be obligated during the last 2
months of the fiscal year: Provided, That this section shall
not apply to obligations for support of active duty training
of reserve components or summer camp training of the Reserve
Officers' Training Corps.
(transfer of funds)
Sec. 8005. Upon determination by the Secretary of Defense
that such action is necessary in the national interest, he
may, with the approval of the Office of Management and
Budget, transfer not to exceed $4,000,000,000 of working
capital funds of the Department of Defense or funds made
available in this Act to the Department of Defense for
military functions (except military construction) between
such appropriations or funds or any subdivision thereof, to
be merged with and to be available for the same purposes, and
for the same time period, as the appropriation or fund to
which transferred: Provided, That such authority to transfer
may not be used unless for higher priority items, based on
unforeseen military requirements, than those for which
originally appropriated and in no case where the item for
which funds are requested has been denied by the Congress:
Provided further, That the Secretary of Defense shall notify
the Congress promptly of all transfers made pursuant to this
authority or any other authority in this Act: Provided
further, That no part of the funds in this Act shall be
available to prepare or present a request to the Committees
on Appropriations for reprogramming of funds, unless for
higher priority items, based on unforeseen military
requirements, than those for which originally appropriated
and in no case where the item for which reprogramming is
requested has been denied by the Congress: Provided further,
That a request for multiple reprogrammings of funds using
authority provided in this section shall be made prior to
June 30, 2020: Provided further, That transfers among
military personnel appropriations shall not be taken into
account for purposes of the limitation on the amount of funds
that may be transferred under this section.
Sec. 8006. (a) With regard to the list of specific
programs, projects, and activities (and the dollar amounts
and adjustments to budget activities corresponding to such
programs, projects, and activities) contained in the tables
titled Explanation of Project Level Adjustments in the
explanatory statement regarding this Act, the obligation and
expenditure of amounts appropriated or otherwise
[[Page H10322]]
made available in this Act for those programs, projects, and
activities for which the amounts appropriated exceed the
amounts requested are hereby required by law to be carried
out in the manner provided by such tables to the same extent
as if the tables were included in the text of this Act.
(b) Amounts specified in the referenced tables described in
subsection (a) shall not be treated as subdivisions of
appropriations for purposes of section 8005 of this Act:
Provided, That section 8005 shall apply when transfers of the
amounts described in subsection (a) occur between
appropriation accounts.
Sec. 8007. (a) Not later than 60 days after enactment of
this Act, the Department of Defense shall submit a report to
the congressional defense committees to establish the
baseline for application of reprogramming and transfer
authorities for fiscal year 2020: Provided, That the report
shall include--
(1) a table for each appropriation with a separate column
to display the President's budget request, adjustments made
by Congress, adjustments due to enacted rescissions, if
appropriate, and the fiscal year enacted level;
(2) a delineation in the table for each appropriation both
by budget activity and program, project, and activity as
detailed in the Budget Appendix; and
(3) an identification of items of special congressional
interest.
(b) Notwithstanding section 8005 of this Act, none of the
funds provided in this Act shall be available for
reprogramming or transfer until the report identified in
subsection (a) is submitted to the congressional defense
committees, unless the Secretary of Defense certifies in
writing to the congressional defense committees that such
reprogramming or transfer is necessary as an emergency
requirement: Provided, That this subsection shall not apply
to transfers from the following appropriations accounts:
(1) ``Environmental Restoration, Army'';
(2) ``Environmental Restoration, Navy'';
(3) ``Environmental Restoration, Air Force'';
(4) ``Environmental Restoration, Defense-Wide'';
(5) ``Environmental Restoration, Formerly Used Defense
Sites''; and
(6) ``Drug Interdiction and Counter-drug Activities,
Defense''.
(transfer of funds)
Sec. 8008. During the current fiscal year, cash balances
in working capital funds of the Department of Defense
established pursuant to section 2208 of title 10, United
States Code, may be maintained in only such amounts as are
necessary at any time for cash disbursements to be made from
such funds: Provided, That transfers may be made between
such funds: Provided further, That transfers may be made
between working capital funds and the ``Foreign Currency
Fluctuations, Defense'' appropriation and the ``Operation and
Maintenance'' appropriation accounts in such amounts as may
be determined by the Secretary of Defense, with the approval
of the Office of Management and Budget, except that such
transfers may not be made unless the Secretary of Defense has
notified the Congress of the proposed transfer: Provided
further, That except in amounts equal to the amounts
appropriated to working capital funds in this Act, no
obligations may be made against a working capital fund to
procure or increase the value of war reserve material
inventory, unless the Secretary of Defense has notified the
Congress prior to any such obligation.
Sec. 8009. Funds appropriated by this Act may not be used
to initiate a special access program without prior
notification 30 calendar days in advance to the congressional
defense committees.
Sec. 8010. None of the funds provided in this Act shall be
available to initiate: (1) a multiyear contract that employs
economic order quantity procurement in excess of $20,000,000
in any one year of the contract or that includes an unfunded
contingent liability in excess of $20,000,000; or (2) a
contract for advance procurement leading to a multiyear
contract that employs economic order quantity procurement in
excess of $20,000,000 in any one year, unless the
congressional defense committees have been notified at least
30 days in advance of the proposed contract award: Provided,
That no part of any appropriation contained in this Act shall
be available to initiate a multiyear contract for which the
economic order quantity advance procurement is not funded at
least to the limits of the Government's liability: Provided
further, That no part of any appropriation contained in this
Act shall be available to initiate multiyear procurement
contracts for any systems or component thereof if the value
of the multiyear contract would exceed $500,000,000 unless
specifically provided in this Act: Provided further, That no
multiyear procurement contract can be terminated without 30-
day prior notification to the congressional defense
committees: Provided further, That the execution of
multiyear authority shall require the use of a present value
analysis to determine lowest cost compared to an annual
procurement: Provided further, That none of the funds
provided in this Act may be used for a multiyear contract
executed after the date of the enactment of this Act unless
in the case of any such contract--
(1) the Secretary of Defense has submitted to Congress a
budget request for full funding of units to be procured
through the contract and, in the case of a contract for
procurement of aircraft, that includes, for any aircraft unit
to be procured through the contract for which procurement
funds are requested in that budget request for production
beyond advance procurement activities in the fiscal year
covered by the budget, full funding of procurement of such
unit in that fiscal year;
(2) cancellation provisions in the contract do not include
consideration of recurring manufacturing costs of the
contractor associated with the production of unfunded units
to be delivered under the contract;
(3) the contract provides that payments to the contractor
under the contract shall not be made in advance of incurred
costs on funded units; and
(4) the contract does not provide for a price adjustment
based on a failure to award a follow-on contract.
Sec. 8011. Within the funds appropriated for the operation
and maintenance of the Armed Forces, funds are hereby
appropriated pursuant to section 401 of title 10, United
States Code, for humanitarian and civic assistance costs
under chapter 20 of title 10, United States Code. Such funds
may also be obligated for humanitarian and civic assistance
costs incidental to authorized operations and pursuant to
authority granted in section 401 of chapter 20 of title 10,
United States Code, and these obligations shall be reported
as required by section 401(d) of title 10, United States
Code: Provided, That funds available for operation and
maintenance shall be available for providing humanitarian and
similar assistance by using Civic Action Teams in the Trust
Territories of the Pacific Islands and freely associated
states of Micronesia, pursuant to the Compact of Free
Association as authorized by Public Law 99-239: Provided
further, That upon a determination by the Secretary of the
Army that such action is beneficial for graduate medical
education programs conducted at Army medical facilities
located in Hawaii, the Secretary of the Army may authorize
the provision of medical services at such facilities and
transportation to such facilities, on a nonreimbursable
basis, for civilian patients from American Samoa, the
Commonwealth of the Northern Mariana Islands, the Marshall
Islands, the Federated States of Micronesia, Palau, and Guam.
Sec. 8012. (a) During the current fiscal year, the civilian
personnel of the Department of Defense may not be managed on
the basis of any end-strength, and the management of such
personnel during that fiscal year shall not be subject to any
constraint or limitation (known as an end-strength) on the
number of such personnel who may be employed on the last day
of such fiscal year.
(b) The fiscal year 2021 budget request for the Department
of Defense as well as all justification material and other
documentation supporting the fiscal year 2021 Department of
Defense budget request shall be prepared and submitted to the
Congress as if subsections (a) and (b) of this provision were
effective with regard to fiscal year 2021.
(c) As required by section 1107 of the National Defense
Authorization Act for Fiscal Year 2014 (Public Law 113-66; 10
U.S.C. 2358 note) civilian personnel at the Department of
Army Science and Technology Reinvention Laboratories may not
be managed on the basis of the Table of Distribution and
Allowances, and the management of the workforce strength
shall be done in a manner consistent with the budget
available with respect to such Laboratories.
(d) Nothing in this section shall be construed to apply to
military (civilian) technicians.
Sec. 8013. None of the funds made available by this Act
shall be used in any way, directly or indirectly, to
influence congressional action on any legislation or
appropriation matters pending before the Congress.
Sec. 8014. None of the funds appropriated by this Act
shall be available for the basic pay and allowances of any
member of the Army participating as a full-time student and
receiving benefits paid by the Secretary of Veterans Affairs
from the Department of Defense Education Benefits Fund when
time spent as a full-time student is credited toward
completion of a service commitment: Provided, That this
section shall not apply to those members who have reenlisted
with this option prior to October 1, 1987: Provided further,
That this section applies only to active components of the
Army.
(transfer of funds)
Sec. 8015. Funds appropriated in title III of this Act for
the Department of Defense Pilot Mentor-Protege Program may be
transferred to any other appropriation contained in this Act
solely for the purpose of implementing a Mentor-Protege
Program developmental assistance agreement pursuant to
section 831 of the National Defense Authorization Act for
Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 2302 note),
as amended, under the authority of this provision or any
other transfer authority contained in this Act.
Sec. 8016. None of the funds in this Act may be available
for the purchase by the Department of Defense (and its
departments and agencies) of welded shipboard anchor and
mooring chain 4 inches in diameter and under unless the
anchor and mooring chain are manufactured in the United
States from components which are substantially manufactured
in the United States: Provided, That for the purpose of this
section, the term ``manufactured'' shall include cutting,
heat treating, quality control, testing of chain and welding
(including the forging and shot blasting process): Provided
further, That for the purpose of this section substantially
all of the components of anchor and mooring
[[Page H10323]]
chain shall be considered to be produced or manufactured in
the United States if the aggregate cost of the components
produced or manufactured in the United States exceeds the
aggregate cost of the components produced or manufactured
outside the United States: Provided further, That when
adequate domestic supplies are not available to meet
Department of Defense requirements on a timely basis, the
Secretary of the Service responsible for the procurement may
waive this restriction on a case-by-case basis by certifying
in writing to the Committees on Appropriations that such an
acquisition must be made in order to acquire capability for
national security purposes.
Sec. 8017. None of the funds available in this Act to the
Department of Defense, other than appropriations made for
necessary or routine refurbishments, upgrades or maintenance
activities, shall be used to reduce or to prepare to reduce
the number of deployed and non-deployed strategic delivery
vehicles and launchers below the levels set forth in the
report submitted to Congress in accordance with section 1042
of the National Defense Authorization Act for Fiscal Year
2012.
Sec. 8018. None of the funds appropriated by this Act
shall be used for the support of any nonappropriated funds
activity of the Department of Defense that procures malt
beverages and wine with nonappropriated funds for resale
(including such alcoholic beverages sold by the drink) on a
military installation located in the United States unless
such malt beverages and wine are procured within that State,
or in the case of the District of Columbia, within the
District of Columbia, in which the military installation is
located: Provided, That, in a case in which the military
installation is located in more than one State, purchases may
be made in any State in which the installation is located:
Provided further, That such local procurement requirements
for malt beverages and wine shall apply to all alcoholic
beverages only for military installations in States which are
not contiguous with another State: Provided further, That
alcoholic beverages other than wine and malt beverages, in
contiguous States and the District of Columbia shall be
procured from the most competitive source, price and other
factors considered.
Sec. 8019. None of the funds available to the Department
of Defense may be used to demilitarize or dispose of M-1
Carbines, M-1 Garand rifles, M-14 rifles, .22 caliber rifles,
.30 caliber rifles, or M-1911 pistols, or to demilitarize or
destroy small arms ammunition or ammunition components that
are not otherwise prohibited from commercial sale under
Federal law, unless the small arms ammunition or ammunition
components are certified by the Secretary of the Army or
designee as unserviceable or unsafe for further use.
Sec. 8020. No more than $500,000 of the funds appropriated
or made available in this Act shall be used during a single
fiscal year for any single relocation of an organization,
unit, activity or function of the Department of Defense into
or within the National Capital Region: Provided, That the
Secretary of Defense may waive this restriction on a case-by-
case basis by certifying in writing to the congressional
defense committees that such a relocation is required in the
best interest of the Government.
Sec. 8021. Of the funds made available in this Act,
$25,000,000 shall be available for incentive payments
authorized by section 504 of the Indian Financing Act of 1974
(25 U.S.C. 1544): Provided, That a prime contractor or a
subcontractor at any tier that makes a subcontract award to
any subcontractor or supplier as defined in section 1544 of
title 25, United States Code, or a small business owned and
controlled by an individual or individuals defined under
section 4221(9) of title 25, United States Code, shall be
considered a contractor for the purposes of being allowed
additional compensation under section 504 of the Indian
Financing Act of 1974 (25 U.S.C. 1544) whenever the prime
contract or subcontract amount is over $500,000 and involves
the expenditure of funds appropriated by an Act making
appropriations for the Department of Defense with respect to
any fiscal year: Provided further, That notwithstanding
section 1906 of title 41, United States Code, this section
shall be applicable to any Department of Defense acquisition
of supplies or services, including any contract and any
subcontract at any tier for acquisition of commercial items
produced or manufactured, in whole or in part, by any
subcontractor or supplier defined in section 1544 of title
25, United States Code, or a small business owned and
controlled by an individual or individuals defined under
section 4221(9) of title 25, United States Code.
Sec. 8022. Funds appropriated by this Act for the Defense
Media Activity shall not be used for any national or
international political or psychological activities.
Sec. 8023. During the current fiscal year, the Department
of Defense is authorized to incur obligations of not to
exceed $350,000,000 for purposes specified in section
2350j(c) of title 10, United States Code, in anticipation of
receipt of contributions, only from the Government of Kuwait,
under that section: Provided, That, upon receipt, such
contributions from the Government of Kuwait shall be credited
to the appropriations or fund which incurred such
obligations.
Sec. 8024. (a) Of the funds made available in this Act, not
less than $51,800,000 shall be available for the Civil Air
Patrol Corporation, of which--
(1) $39,100,000 shall be available from ``Operation and
Maintenance, Air Force'' to support Civil Air Patrol
Corporation operation and maintenance, readiness, counter-
drug activities, and drug demand reduction activities
involving youth programs;
(2) $11,000,000 shall be available from ``Aircraft
Procurement, Air Force''; and
(3) $1,700,000 shall be available from ``Other Procurement,
Air Force'' for vehicle procurement.
(b) The Secretary of the Air Force should waive
reimbursement for any funds used by the Civil Air Patrol for
counter-drug activities in support of Federal, State, and
local government agencies.
Sec. 8025. (a) None of the funds appropriated in this Act
are available to establish a new Department of Defense
(department) federally funded research and development center
(FFRDC), either as a new entity, or as a separate entity
administrated by an organization managing another FFRDC, or
as a nonprofit membership corporation consisting of a
consortium of other FFRDCs and other nonprofit entities.
(b) No member of a Board of Directors, Trustees, Overseers,
Advisory Group, Special Issues Panel, Visiting Committee, or
any similar entity of a defense FFRDC, and no paid consultant
to any defense FFRDC, except when acting in a technical
advisory capacity, may be compensated for his or her services
as a member of such entity, or as a paid consultant by more
than one FFRDC in a fiscal year: Provided, That a member of
any such entity referred to previously in this subsection
shall be allowed travel expenses and per diem as authorized
under the Federal Joint Travel Regulations, when engaged in
the performance of membership duties.
(c) Notwithstanding any other provision of law, none of the
funds available to the department from any source during the
current fiscal year may be used by a defense FFRDC, through a
fee or other payment mechanism, for construction of new
buildings not located on a military installation, for payment
of cost sharing for projects funded by Government grants, for
absorption of contract overruns, or for certain charitable
contributions, not to include employee participation in
community service and/or development.
(d) Notwithstanding any other provision of law, of the
funds available to the department during fiscal year 2020,
not more than 6,053 staff years of technical effort (staff
years) may be funded for defense FFRDCs: Provided, That, of
the specific amount referred to previously in this
subsection, not more than 1,148 staff years may be funded for
the defense studies and analysis FFRDCs: Provided further,
That this subsection shall not apply to staff years funded in
the National Intelligence Program and the Military
Intelligence Program.
(e) The Secretary of Defense shall, with the submission of
the department's fiscal year 2021 budget request, submit a
report presenting the specific amounts of staff years of
technical effort to be allocated for each defense FFRDC
during that fiscal year and the associated budget estimates.
Sec. 8026. None of the funds appropriated or made
available in this Act shall be used to procure carbon, alloy,
or armor steel plate for use in any Government-owned facility
or property under the control of the Department of Defense
which were not melted and rolled in the United States or
Canada: Provided, That these procurement restrictions shall
apply to any and all Federal Supply Class 9515, American
Society of Testing and Materials (ASTM) or American Iron and
Steel Institute (AISI) specifications of carbon, alloy or
armor steel plate: Provided further, That the Secretary of
the military department responsible for the procurement may
waive this restriction on a case-by-case basis by certifying
in writing to the Committees on Appropriations of the House
of Representatives and the Senate that adequate domestic
supplies are not available to meet Department of Defense
requirements on a timely basis and that such an acquisition
must be made in order to acquire capability for national
security purposes: Provided further, That these restrictions
shall not apply to contracts which are in being as of the
date of the enactment of this Act.
Sec. 8027. For the purposes of this Act, the term
``congressional defense committees'' means the Armed Services
Committee of the House of Representatives, the Armed Services
Committee of the Senate, the Subcommittee on Defense of the
Committee on Appropriations of the Senate, and the
Subcommittee on Defense of the Committee on Appropriations of
the House of Representatives.
Sec. 8028. During the current fiscal year, the Department
of Defense may acquire the modification, depot maintenance
and repair of aircraft, vehicles and vessels as well as the
production of components and other Defense-related articles,
through competition between Department of Defense depot
maintenance activities and private firms: Provided, That the
Senior Acquisition Executive of the military department or
Defense Agency concerned, with power of delegation, shall
certify that successful bids include comparable estimates of
all direct and indirect costs for both public and private
bids: Provided further, That Office of Management and Budget
Circular A-76 shall not apply to competitions conducted under
this section.
Sec. 8029. (a)(1) If the Secretary of Defense, after
consultation with the United States Trade Representative,
determines that a foreign country which is party to an
agreement described in paragraph (2) has violated the terms
of the agreement by discriminating
[[Page H10324]]
against certain types of products produced in the United
States that are covered by the agreement, the Secretary of
Defense shall rescind the Secretary's blanket waiver of the
Buy American Act with respect to such types of products
produced in that foreign country.
(2) An agreement referred to in paragraph (1) is any
reciprocal defense procurement memorandum of understanding,
between the United States and a foreign country pursuant to
which the Secretary of Defense has prospectively waived the
Buy American Act for certain products in that country.
(b) The Secretary of Defense shall submit to the Congress a
report on the amount of Department of Defense purchases from
foreign entities in fiscal year 2020. Such report shall
separately indicate the dollar value of items for which the
Buy American Act was waived pursuant to any agreement
described in subsection (a)(2), the Trade Agreement Act of
1979 (19 U.S.C. 2501 et seq.), or any international agreement
to which the United States is a party.
(c) For purposes of this section, the term ``Buy American
Act'' means chapter 83 of title 41, United States Code.
Sec. 8030. During the current fiscal year, amounts
contained in the Department of Defense Overseas Military
Facility Investment Recovery Account established by section
2921(c)(1) of the National Defense Authorization Act of 1991
(Public Law 101-510; 10 U.S.C. 2687 note) shall be available
until expended for the payments specified by section
2921(c)(2) of that Act.
Sec. 8031. (a) Notwithstanding any other provision of law,
the Secretary of the Air Force may convey at no cost to the
Air Force, without consideration, to Indian tribes located in
the States of Nevada, Idaho, North Dakota, South Dakota,
Montana, Oregon, Minnesota, and Washington relocatable
military housing units located at Grand Forks Air Force Base,
Malmstrom Air Force Base, Mountain Home Air Force Base,
Ellsworth Air Force Base, and Minot Air Force Base that are
excess to the needs of the Air Force.
(b) The Secretary of the Air Force shall convey, at no cost
to the Air Force, military housing units under subsection (a)
in accordance with the request for such units that are
submitted to the Secretary by the Operation Walking Shield
Program on behalf of Indian tribes located in the States of
Nevada, Idaho, North Dakota, South Dakota, Montana, Oregon,
Minnesota, and Washington. Any such conveyance shall be
subject to the condition that the housing units shall be
removed within a reasonable period of time, as determined by
the Secretary.
(c) The Operation Walking Shield Program shall resolve any
conflicts among requests of Indian tribes for housing units
under subsection (a) before submitting requests to the
Secretary of the Air Force under subsection (b).
(d) In this section, the term ``Indian tribe'' means any
recognized Indian tribe included on the current list
published by the Secretary of the Interior under section 104
of the Federally Recognized Indian Tribe Act of 1994 (Public
Law 103-454; 108 Stat. 4792; 25 U.S.C. 5131).
Sec. 8032. During the current fiscal year, appropriations
which are available to the Department of Defense for
operation and maintenance may be used to purchase items
having an investment item unit cost of not more than
$250,000.
Sec. 8033. None of the funds made available by this Act
may be used to--
(1) disestablish, or prepare to disestablish, a Senior
Reserve Officers' Training Corps program in accordance with
Department of Defense Instruction Number 1215.08, dated June
26, 2006; or
(2) close, downgrade from host to extension center, or
place on probation a Senior Reserve Officers' Training Corps
program in accordance with the information paper of the
Department of the Army titled ``Army Senior Reserve Officer's
Training Corps (SROTC) Program Review and Criteria'', dated
January 27, 2014.
Sec. 8034. Amounts appropriated for ``Procurement,
Defense-Wide'' in this Act may be used for the purchase of up
to 24 new passenger carrying motor vehicles at a cost of not
more than $47,000 per vehicle for use by the Defense POW/MIA
Accounting Agency in carrying out the responsibilities
specified in section 1501 of title 10, United States Code, in
the United States Indo-Pacific Command, notwithstanding price
or other limitations applicable to the purchase of passenger
carrying vehicles.
Sec. 8035. Up to $14,000,000 of the funds appropriated
under the heading ``Operation and Maintenance, Navy'' may be
made available for the Asia Pacific Regional Initiative
Program for the purpose of enabling the Pacific Command to
execute Theater Security Cooperation activities such as
humanitarian assistance, and payment of incremental and
personnel costs of training and exercising with foreign
security forces: Provided, That funds made available for
this purpose may be used, notwithstanding any other funding
authorities for humanitarian assistance, security assistance
or combined exercise expenses: Provided further, That funds
may not be obligated to provide assistance to any foreign
country that is otherwise prohibited from receiving such type
of assistance under any other provision of law.
Sec. 8036. The Secretary of Defense shall issue
regulations to prohibit the sale of any tobacco or tobacco-
related products in military resale outlets in the United
States, its territories and possessions at a price below the
most competitive price in the local community: Provided,
That such regulations shall direct that the prices of tobacco
or tobacco-related products in overseas military retail
outlets shall be within the range of prices established for
military retail system stores located in the United States.
Sec. 8037. (a) During the current fiscal year, none of the
appropriations or funds available to the Department of
Defense Working Capital Funds shall be used for the purchase
of an investment item for the purpose of acquiring a new
inventory item for sale or anticipated sale during the
current fiscal year or a subsequent fiscal year to customers
of the Department of Defense Working Capital Funds if such an
item would not have been chargeable to the Department of
Defense Business Operations Fund during fiscal year 1994 and
if the purchase of such an investment item would be
chargeable during the current fiscal year to appropriations
made to the Department of Defense for procurement.
(b) The fiscal year 2021 budget request for the Department
of Defense as well as all justification material and other
documentation supporting the fiscal year 2021 Department of
Defense budget shall be prepared and submitted to the
Congress on the basis that any equipment which was classified
as an end item and funded in a procurement appropriation
contained in this Act shall be budgeted for in a proposed
fiscal year 2021 procurement appropriation and not in the
supply management business area or any other area or category
of the Department of Defense Working Capital Funds.
Sec. 8038. None of the funds appropriated by this Act for
programs of the Central Intelligence Agency shall remain
available for obligation beyond the current fiscal year,
except for funds appropriated for the Reserve for
Contingencies, which shall remain available until September
30, 2021: Provided, That funds appropriated, transferred, or
otherwise credited to the Central Intelligence Agency Central
Services Working Capital Fund during this or any prior or
subsequent fiscal year shall remain available until expended:
Provided further, That any funds appropriated or transferred
to the Central Intelligence Agency for advanced research and
development acquisition, for agent operations, and for covert
action programs authorized by the President under section 503
of the National Security Act of 1947 (50 U.S.C. 3093) shall
remain available until September 30, 2021.
Sec. 8039. Of the funds appropriated to the Department of
Defense under the heading ``Operation and Maintenance,
Defense-Wide'', not less than $12,000,000 shall be made
available only for the mitigation of environmental impacts,
including training and technical assistance to tribes,
related administrative support, the gathering of information,
documenting of environmental damage, and developing a system
for prioritization of mitigation and cost to complete
estimates for mitigation, on Indian lands resulting from
Department of Defense activities.
Sec. 8040. (a) None of the funds appropriated in this Act
may be expended by an entity of the Department of Defense
unless the entity, in expending the funds, complies with the
Buy American Act. For purposes of this subsection, the term
``Buy American Act'' means chapter 83 of title 41, United
States Code.
(b) If the Secretary of Defense determines that a person
has been convicted of intentionally affixing a label bearing
a ``Made in America'' inscription to any product sold in or
shipped to the United States that is not made in America, the
Secretary shall determine, in accordance with section 2410f
of title 10, United States Code, whether the person should be
debarred from contracting with the Department of Defense.
(c) In the case of any equipment or products purchased with
appropriations provided under this Act, it is the sense of
the Congress that any entity of the Department of Defense, in
expending the appropriation, purchase only American-made
equipment and products, provided that American-made equipment
and products are cost-competitive, quality competitive, and
available in a timely fashion.
Sec. 8041. (a) Except as provided in subsections (b) and
(c), none of the funds made available by this Act may be
used--
(1) to establish a field operating agency; or
(2) to pay the basic pay of a member of the Armed Forces or
civilian employee of the department who is transferred or
reassigned from a headquarters activity if the member or
employee's place of duty remains at the location of that
headquarters.
(b) The Secretary of Defense or Secretary of a military
department may waive the limitations in subsection (a), on a
case-by-case basis, if the Secretary determines, and
certifies to the Committees on Appropriations of the House of
Representatives and the Senate that the granting of the
waiver will reduce the personnel requirements or the
financial requirements of the department.
(c) This section does not apply to--
(1) field operating agencies funded within the National
Intelligence Program;
(2) an Army field operating agency established to
eliminate, mitigate, or counter the effects of improvised
explosive devices, and, as determined by the Secretary of the
Army, other similar threats;
(3) an Army field operating agency established to improve
the effectiveness and efficiencies of biometric activities
and to integrate common biometric technologies throughout the
Department of Defense; or
[[Page H10325]]
(4) an Air Force field operating agency established to
administer the Air Force Mortuary Affairs Program and
Mortuary Operations for the Department of Defense and
authorized Federal entities.
Sec. 8042. (a) None of the funds appropriated by this Act
shall be available to convert to contractor performance an
activity or function of the Department of Defense that, on or
after the date of the enactment of this Act, is performed by
Department of Defense civilian employees unless--
(1) the conversion is based on the result of a public-
private competition that includes a most efficient and cost
effective organization plan developed by such activity or
function;
(2) the Competitive Sourcing Official determines that, over
all performance periods stated in the solicitation of offers
for performance of the activity or function, the cost of
performance of the activity or function by a contractor would
be less costly to the Department of Defense by an amount that
equals or exceeds the lesser of--
(A) 10 percent of the most efficient organization's
personnel-related costs for performance of that activity or
function by Federal employees; or
(B) $10,000,000; and
(3) the contractor does not receive an advantage for a
proposal that would reduce costs for the Department of
Defense by--
(A) not making an employer-sponsored health insurance plan
available to the workers who are to be employed in the
performance of that activity or function under the contract;
or
(B) offering to such workers an employer-sponsored health
benefits plan that requires the employer to contribute less
towards the premium or subscription share than the amount
that is paid by the Department of Defense for health benefits
for civilian employees under chapter 89 of title 5, United
States Code.
(b)(1) The Department of Defense, without regard to
subsection (a) of this section or subsection (a), (b), or (c)
of section 2461 of title 10, United States Code, and
notwithstanding any administrative regulation, requirement,
or policy to the contrary shall have full authority to enter
into a contract for the performance of any commercial or
industrial type function of the Department of Defense that--
(A) is included on the procurement list established
pursuant to section 2 of the Javits-Wagner-O'Day Act (section
8503 of title 41, United States Code);
(B) is planned to be converted to performance by a
qualified nonprofit agency for the blind or by a qualified
nonprofit agency for other severely handicapped individuals
in accordance with that Act; or
(C) is planned to be converted to performance by a
qualified firm under at least 51 percent ownership by an
Indian tribe, as defined in section 4(e) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
450b(e)), or a Native Hawaiian Organization, as defined in
section 8(a)(15) of the Small Business Act (15 U.S.C.
637(a)(15)).
(2) This section shall not apply to depot contracts or
contracts for depot maintenance as provided in sections 2469
and 2474 of title 10, United States Code.
(c) The conversion of any activity or function of the
Department of Defense under the authority provided by this
section shall be credited toward any competitive or
outsourcing goal, target, or measurement that may be
established by statute, regulation, or policy and is deemed
to be awarded under the authority of, and in compliance with,
subsection (h) of section 2304 of title 10, United States
Code, for the competition or outsourcing of commercial
activities.
(rescissions)
Sec. 8043. Of the funds appropriated in Department of
Defense Appropriations Acts, the following funds are hereby
rescinded from the following accounts and programs in the
specified amounts: Provided, That no amounts may be
rescinded from amounts that were designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism
or as an emergency requirement pursuant to the Concurrent
Resolution on the Budget or the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended:
``Shipbuilding and Conversion, Navy: DDG-51 Destroyer'',
2012/2020, $44,500,000;
``Shipbuilding and Conversion, Navy: LCAC SLEP'', 2013/
2022, $2,000,000;
``Aircraft Procurement, Army'', 2018/2020, $44,000,000;
``Missile Procurement, Army'', 2018/2020, $5,182,000;
``Weapons and Tracked Combat Vehicles, Army'', 2018/2020,
$97,000,000;
``Other Procurement, Army'', 2018/2020, $5,685,000;
``Aircraft Procurement, Navy'', 2018/2020, $114,781,000;
``Other Procurement, Navy'', 2018/2020, $23,526,000;
``Procurement, Marine Corps'', 2018/2020, $9,046,000;
``Aircraft Procurement, Air Force'', 2018/2020,
$160,975,000;
``Missile Procurement, Air Force'', 2018/2020, $75,973,000;
``Other Procurement, Air Force'', 2018/2020, $26,000,000;
``Operation and Maintenance, Defense-Wide: Defense Security
Cooperation Agency'', 2019/2020, $21,314,000;
``Aircraft Procurement, Army'', 2019/2021, $58,600,000;
``Missile Procurement, Army'', 2019/2021, $67,798,000;
``Weapons and Tracked Combat Vehicles, Army'', 2019/2021,
$215,946,000;
``Other Procurement, Army'', 2019/2021, $107,483,000;
``Aircraft Procurement, Navy'', 2019/2021, $307,100,000;
``Procurement of Ammunition, Navy and Marine Corps'', 2019/
2021, $22,000,000;
``Shipbuilding and Conversion, Navy: DDG-51 Destroyer
Advance Procurement'', 2019/2023, $51,000,000;
``Shipbuilding and Conversion, Navy: LPD-17 Advance
Procurement'', 2019/2023, $102,900,000;
``Other Procurement, Navy'', 2019/2021, $24,770,000;
``Procurement, Marine Corps'', 2019/2021, $74,756,000;
``Aircraft Procurement, Air Force'', 2019/2021,
$713,455,000;
``Missile Procurement, Air Force'', 2019/2021, $39,979,000;
``Space Procurement, Air Force'', 2019/2021, $164,300,000;
``Procurement of Ammunition, Air Force'', 2019/2021,
$236,100,000;
``Procurement, Defense-Wide'', 2019/2021, $337,000,000;
``Research, Development, Test and Evaluation, Army'', 2019/
2020, $150,276,000;
``Research, Development, Test and Evaluation, Navy'', 2019/
2020, $230,957,000;
``Research, Development, Test and Evaluation, Air Force'',
2019/2020, $263,050,000;
``Research, Development, Test and Evaluation, Defense-
Wide'', 2019/2020, $267,000,000; and
``Defense Health Program: Research, Development, Test and
Evaluation'', 2019/2020, $26,200,000.
Sec. 8044. None of the funds available in this Act may be
used to reduce the authorized positions for military
technicians (dual status) of the Army National Guard, Air
National Guard, Army Reserve and Air Force Reserve for the
purpose of applying any administratively imposed civilian
personnel ceiling, freeze, or reduction on military
technicians (dual status), unless such reductions are a
direct result of a reduction in military force structure.
Sec. 8045. None of the funds appropriated or otherwise
made available in this Act may be obligated or expended for
assistance to the Democratic People's Republic of Korea
unless specifically appropriated for that purpose: Provided,
That this restriction shall not apply to any activities
incidental to the Defense POW/MIA Accounting Agency mission
to recover and identify the remains of United States Armed
Forces personnel from the Democratic People's Republic of
Korea.
Sec. 8046. Funds appropriated in this Act for operation
and maintenance of the Military Departments, Combatant
Commands and Defense Agencies shall be available for
reimbursement of pay, allowances and other expenses which
would otherwise be incurred against appropriations for the
National Guard and Reserve when members of the National Guard
and Reserve provide intelligence or counterintelligence
support to Combatant Commands, Defense Agencies and Joint
Intelligence Activities, including the activities and
programs included within the National Intelligence Program
and the Military Intelligence Program: Provided, That
nothing in this section authorizes deviation from established
Reserve and National Guard personnel and training procedures.
Sec. 8047. (a) None of the funds available to the
Department of Defense for any fiscal year for drug
interdiction or counter-drug activities may be transferred to
any other department or agency of the United States except as
specifically provided in an appropriations law.
(b) None of the funds available to the Central Intelligence
Agency for any fiscal year for drug interdiction or counter-
drug activities may be transferred to any other department or
agency of the United States except as specifically provided
in an appropriations law.
Sec. 8048. None of the funds appropriated by this Act may
be used for the procurement of ball and roller bearings other
than those produced by a domestic source and of domestic
origin: Provided, That the Secretary of the military
department responsible for such procurement may waive this
restriction on a case-by-case basis by certifying in writing
to the Committees on Appropriations of the House of
Representatives and the Senate, that adequate domestic
supplies are not available to meet Department of Defense
requirements on a timely basis and that such an acquisition
must be made in order to acquire capability for national
security purposes: Provided further, That this restriction
shall not apply to the purchase of ``commercial items'', as
defined by section 103 of title 41, United States Code,
except that the restriction shall apply to ball or roller
bearings purchased as end items.
Sec. 8049. Of the amounts appropriated for ``Working
Capital Fund, Army'', $129,000,000 shall be available to
maintain competitive rates at the arsenals.
Sec. 8050. In addition to the amounts appropriated or
otherwise made available elsewhere in this Act, $44,000,000
is hereby appropriated to the Department of Defense:
Provided, That upon the determination of the Secretary of
Defense that it shall serve the national interest, the
Secretary shall make grants in the amounts specified as
follows: $20,000,000 to the United Service Organizations and
$24,000,000 to the Red Cross.
Sec. 8051. None of the funds in this Act may be used to
purchase any supercomputer
[[Page H10326]]
which is not manufactured in the United States, unless the
Secretary of Defense certifies to the congressional defense
committees that such an acquisition must be made in order to
acquire capability for national security purposes that is not
available from United States manufacturers.
Sec. 8052. Notwithstanding any other provision in this
Act, the Small Business Innovation Research program and the
Small Business Technology Transfer program set-asides shall
be taken proportionally from all programs, projects, or
activities to the extent they contribute to the extramural
budget.
Sec. 8053. None of the funds available to the Department
of Defense under this Act shall be obligated or expended to
pay a contractor under a contract with the Department of
Defense for costs of any amount paid by the contractor to an
employee when--
(1) such costs are for a bonus or otherwise in excess of
the normal salary paid by the contractor to the employee; and
(2) such bonus is part of restructuring costs associated
with a business combination.
(including transfer of funds)
Sec. 8054. During the current fiscal year, no more than
$30,000,000 of appropriations made in this Act under the
heading ``Operation and Maintenance, Defense-Wide'' may be
transferred to appropriations available for the pay of
military personnel, to be merged with, and to be available
for the same time period as the appropriations to which
transferred, to be used in support of such personnel in
connection with support and services for eligible
organizations and activities outside the Department of
Defense pursuant to section 2012 of title 10, United States
Code.
Sec. 8055. During the current fiscal year, in the case of
an appropriation account of the Department of Defense for
which the period of availability for obligation has expired
or which has closed under the provisions of section 1552 of
title 31, United States Code, and which has a negative
unliquidated or unexpended balance, an obligation or an
adjustment of an obligation may be charged to any current
appropriation account for the same purpose as the expired or
closed account if--
(1) the obligation would have been properly chargeable
(except as to amount) to the expired or closed account before
the end of the period of availability or closing of that
account;
(2) the obligation is not otherwise properly chargeable to
any current appropriation account of the Department of
Defense; and
(3) in the case of an expired account, the obligation is
not chargeable to a current appropriation of the Department
of Defense under the provisions of section 1405(b)(8) of the
National Defense Authorization Act for Fiscal Year 1991,
Public Law 101-510, as amended (31 U.S.C. 1551 note):
Provided, That in the case of an expired account, if
subsequent review or investigation discloses that there was
not in fact a negative unliquidated or unexpended balance in
the account, any charge to a current account under the
authority of this section shall be reversed and recorded
against the expired account: Provided further, That the
total amount charged to a current appropriation under this
section may not exceed an amount equal to 1 percent of the
total appropriation for that account:
Provided, That the Under Secretary of Defense (Comptroller)
shall include with the budget of the President for fiscal
year 2021 (as submitted to Congress pursuant to section 1105
of title 31, United States Code) a statement describing each
instance if any, during each of the fiscal years 2015 through
2020 in which the authority in this section was exercised.
Sec. 8056. (a) Notwithstanding any other provision of law,
the Chief of the National Guard Bureau may permit the use of
equipment of the National Guard Distance Learning Project by
any person or entity on a space-available, reimbursable
basis. The Chief of the National Guard Bureau shall establish
the amount of reimbursement for such use on a case-by-case
basis.
(b) Amounts collected under subsection (a) shall be
credited to funds available for the National Guard Distance
Learning Project and be available to defray the costs
associated with the use of equipment of the project under
that subsection. Such funds shall be available for such
purposes without fiscal year limitation.
(including transfer of funds)
Sec. 8057. Of the funds appropriated in this Act under the
heading ``Operation and Maintenance, Defense-Wide'',
$35,000,000 shall be for continued implementation and
expansion of the Sexual Assault Special Victims' Counsel
Program: Provided, That the funds are made available for
transfer to the Department of the Army, the Department of the
Navy, and the Department of the Air Force: Provided further,
That funds transferred shall be merged with and available for
the same purposes and for the same time period as the
appropriations to which the funds are transferred: Provided
further, That this transfer authority is in addition to any
other transfer authority provided in this Act.
Sec. 8058. None of the funds appropriated in title IV of
this Act may be used to procure end-items for delivery to
military forces for operational training, operational use or
inventory requirements: Provided, That this restriction does
not apply to end-items used in development, prototyping, and
test activities preceding and leading to acceptance for
operational use: Provided further, That the Secretary of
Defense shall, at the time of the submittal to Congress of
the budget of the President for fiscal year 2021 pursuant to
section 1105 of title 31, United States Code, submit to the
congressional defense committees a report detailing the use
of funds requested in research, development, test and
evaluation accounts for end-items used in development,
prototyping and test activities preceding and leading to
acceptance for operational use: Provided further, That the
report shall set forth, for each end-item covered by the
preceding proviso, a detailed list of the statutory
authorities under which amounts in the accounts described in
that proviso were used for such item: Provided further, That
this restriction does not apply to programs funded within the
National Intelligence Program: Provided further, That the
Secretary of Defense may waive this restriction on a case-by-
case basis by certifying in writing to the Committees on
Appropriations of the House of Representatives and the Senate
that it is in the national security interest to do so.
Sec. 8059. (a) The Secretary of Defense may, on a case-by-
case basis, waive with respect to a foreign country each
limitation on the procurement of defense items from foreign
sources provided in law if the Secretary determines that the
application of the limitation with respect to that country
would invalidate cooperative programs entered into between
the Department of Defense and the foreign country, or would
invalidate reciprocal trade agreements for the procurement of
defense items entered into under section 2531 of title 10,
United States Code, and the country does not discriminate
against the same or similar defense items produced in the
United States for that country.
(b) Subsection (a) applies with respect to--
(1) contracts and subcontracts entered into on or after the
date of the enactment of this Act; and
(2) options for the procurement of items that are exercised
after such date under contracts that are entered into before
such date if the option prices are adjusted for any reason
other than the application of a waiver granted under
subsection (a).
(c) Subsection (a) does not apply to a limitation regarding
construction of public vessels, ball and roller bearings,
food, and clothing or textile materials as defined by section
XI (chapters 50-65) of the Harmonized Tariff Schedule of the
United States and products classified under headings 4010,
4202, 4203, 6401 through 6406, 6505, 7019, 7218 through 7229,
7304.41 through 7304.49, 7306.40, 7502 through 7508, 8105,
8108, 8109, 8211, 8215, and 9404.
Sec. 8060. None of the funds appropriated or otherwise
made available by this or other Department of Defense
Appropriations Acts may be obligated or expended for the
purpose of performing repairs or maintenance to military
family housing units of the Department of Defense, including
areas in such military family housing units that may be used
for the purpose of conducting official Department of Defense
business.
Sec. 8061. Notwithstanding any other provision of law,
funds appropriated in this Act under the heading ``Research,
Development, Test and Evaluation, Defense-Wide'' for any new
start advanced concept technology demonstration project or
joint capability demonstration project may only be obligated
45 days after a report, including a description of the
project, the planned acquisition and transition strategy and
its estimated annual and total cost, has been provided in
writing to the congressional defense committees.
Sec. 8062. The Secretary of Defense shall continue to
provide a classified quarterly report to the House and Senate
Appropriations Committees, Subcommittees on Defense on
certain matters as directed in the classified annex
accompanying this Act.
Sec. 8063. Notwithstanding section 12310(b) of title 10,
United States Code, a Reserve who is a member of the National
Guard serving on full-time National Guard duty under section
502(f) of title 32, United States Code, may perform duties in
support of the ground-based elements of the National
Ballistic Missile Defense System.
Sec. 8064. None of the funds provided in this Act may be
used to transfer to any nongovernmental entity ammunition
held by the Department of Defense that has a center-fire
cartridge and a United States military nomenclature
designation of ``armor penetrator'', ``armor piercing (AP)'',
``armor piercing incendiary (API)'', or ``armor-piercing
incendiary tracer (API-T)'', except to an entity performing
demilitarization services for the Department of Defense under
a contract that requires the entity to demonstrate to the
satisfaction of the Department of Defense that armor piercing
projectiles are either: (1) rendered incapable of reuse by
the demilitarization process; or (2) used to manufacture
ammunition pursuant to a contract with the Department of
Defense or the manufacture of ammunition for export pursuant
to a License for Permanent Export of Unclassified Military
Articles issued by the Department of State.
Sec. 8065. Notwithstanding any other provision of law, the
Chief of the National Guard Bureau, or his designee, may
waive payment of all or part of the consideration that
otherwise would be required under section 2667 of title 10,
United States Code, in the case of a lease of personal
property for a period not in excess of 1 year to any
organization specified in section 508(d) of title 32, United
States Code, or any other youth, social, or fraternal
nonprofit organization as may be approved by the Chief of the
National Guard Bureau, or his designee, on a case-by-case
basis.
[[Page H10327]]
(including transfer of funds)
Sec. 8066. Of the amounts appropriated in this Act under
the heading ``Operation and Maintenance, Army'', $138,103,000
shall remain available until expended: Provided, That,
notwithstanding any other provision of law, the Secretary of
Defense is authorized to transfer such funds to other
activities of the Federal Government: Provided further, That
the Secretary of Defense is authorized to enter into and
carry out contracts for the acquisition of real property,
construction, personal services, and operations related to
projects carrying out the purposes of this section: Provided
further, That contracts entered into under the authority of
this section may provide for such indemnification as the
Secretary determines to be necessary: Provided further, That
projects authorized by this section shall comply with
applicable Federal, State, and local law to the maximum
extent consistent with the national security, as determined
by the Secretary of Defense.
Sec. 8067. (a) None of the funds appropriated in this or
any other Act may be used to take any action to modify--
(1) the appropriations account structure for the National
Intelligence Program budget, including through the creation
of a new appropriation or new appropriation account;
(2) how the National Intelligence Program budget request is
presented in the unclassified P-1, R-1, and O-1 documents
supporting the Department of Defense budget request;
(3) the process by which the National Intelligence Program
appropriations are apportioned to the executing agencies; or
(4) the process by which the National Intelligence Program
appropriations are allotted, obligated and disbursed.
(b) Nothing in subsection (a) shall be construed to
prohibit the merger of programs or changes to the National
Intelligence Program budget at or below the Expenditure
Center level, provided such change is otherwise in accordance
with paragraphs (a)(1)-(3).
(c) The Director of National Intelligence and the Secretary
of Defense may jointly, only for the purposes of achieving
auditable financial statements and improving fiscal
reporting, study and develop detailed proposals for
alternative financial management processes. Such study shall
include a comprehensive counterintelligence risk assessment
to ensure that none of the alternative processes will
adversely affect counterintelligence.
(d) Upon development of the detailed proposals defined
under subsection (c), the Director of National Intelligence
and the Secretary of Defense shall--
(1) provide the proposed alternatives to all affected
agencies;
(2) receive certification from all affected agencies
attesting that the proposed alternatives will help achieve
auditability, improve fiscal reporting, and will not
adversely affect counterintelligence; and
(3) not later than 30 days after receiving all necessary
certifications under paragraph (2), present the proposed
alternatives and certifications to the congressional defense
and intelligence committees.
Sec. 8068. In addition to amounts provided elsewhere in
this Act, $10,000,000 is hereby appropriated to the
Department of Defense, to remain available for obligation
until expended: Provided, That notwithstanding any other
provision of law, that upon the determination of the
Secretary of Defense that it shall serve the national
interest, these funds shall be available only for a grant to
the Fisher House Foundation, Inc., only for the construction
and furnishing of additional Fisher Houses to meet the needs
of military family members when confronted with the illness
or hospitalization of an eligible military beneficiary.
(including transfer of funds)
Sec. 8069. Of the amounts appropriated for ``Operation and
Maintenance, Navy'', up to $1,000,000 shall be available for
transfer to the John C. Stennis Center for Public Service
Development Trust Fund established under section 116 of the
John C. Stennis Center for Public Service Training and
Development Act (2 U.S.C. 1105).
Sec. 8070. None of the funds available to the Department
of Defense may be obligated to modify command and control
relationships to give Fleet Forces Command operational and
administrative control of United States Navy forces assigned
to the Pacific fleet: Provided, That the command and control
relationships which existed on October 1, 2004, shall remain
in force until a written modification has been proposed to
the House and Senate Appropriations Committees: Provided
further, That the proposed modification may be implemented 30
days after the notification unless an objection is received
from either the House or Senate Appropriations Committees:
Provided further, That any proposed modification shall not
preclude the ability of the commander of United States Indo-
Pacific Command to meet operational requirements.
Sec. 8071. Any notice that is required to be submitted to
the Committees on Appropriations of the Senate and the House
of Representatives under section 806(c)(4) of the Bob Stump
National Defense Authorization Act for Fiscal Year 2003 (10
U.S.C. 2302 note) after the date of the enactment of this Act
shall be submitted pursuant to that requirement concurrently
to the Subcommittees on Defense of the Committees on
Appropriations of the Senate and the House of
Representatives.
(including transfer of funds)
Sec. 8072. Of the amounts appropriated in this Act under
the headings ``Procurement, Defense-Wide'' and ``Research,
Development, Test and Evaluation, Defense-Wide'',
$500,000,000 shall be for the Israeli Cooperative Programs:
Provided, That of this amount, $95,000,000 shall be for the
Secretary of Defense to provide to the Government of Israel
for the procurement of the Iron Dome defense system to
counter short-range rocket threats, subject to the U.S.-
Israel Iron Dome Procurement Agreement, as amended;
$191,000,000 shall be for the Short Range Ballistic Missile
Defense (SRBMD) program, including cruise missile defense
research and development under the SRBMD program, of which
$50,000,000 shall be for co-production activities of SRBMD
systems in the United States and in Israel to meet Israel's
defense requirements consistent with each nation's laws,
regulations, and procedures, subject to the U.S.-Israeli co-
production agreement for SRBMD, as amended; $55,000,000 shall
be for an upper-tier component to the Israeli Missile Defense
Architecture, of which $55,000,000 shall be for co-production
activities of Arrow 3 Upper Tier systems in the United States
and in Israel to meet Israel's defense requirements
consistent with each nation's laws, regulations, and
procedures, subject to the U.S.-Israeli co-production
agreement for Arrow 3 Upper Tier, as amended; and
$159,000,000 shall be for the Arrow System Improvement
Program including development of a long range, ground and
airborne, detection suite: Provided further, That the
transfer authority provided under this provision is in
addition to any other transfer authority contained in this
Act.
(including transfer of funds)
Sec. 8073. Of the amounts appropriated in this Act under
the heading ``Shipbuilding and Conversion, Navy'',
$104,700,000 shall be available until September 30, 2020, to
fund prior year shipbuilding cost increases: Provided, That
upon enactment of this Act, the Secretary of the Navy shall
transfer funds to the following appropriations in the amounts
specified: Provided further, That the amounts transferred
shall be merged with and be available for the same purposes
as the appropriations to which transferred to:
(1) Under the heading ``Shipbuilding and Conversion,
Navy'', 2016/2020: Littoral Combat Ship $14,000,000;
(2) Under the heading ``Shipbuilding and Conversion,
Navy'', 2016/2020: Expeditionary Sea Base $38,000,000;
(3) Under the heading ``Shipbuilding and Conversion,
Navy'', 2018/2020: TAO Fleet Oiler $3,700,000; and
(4) Under the heading ``Shipbuilding and Conversion,
Navy'', 2019/2020: Expeditionary Fast Transport $49,000,000.
Sec. 8074. Funds appropriated by this Act, or made
available by the transfer of funds in this Act, for
intelligence activities are deemed to be specifically
authorized by the Congress for purposes of section 504 of the
National Security Act of 1947 (50 U.S.C. 3094) during fiscal
year 2020 until the enactment of the Intelligence
Authorization Act for Fiscal Year 2020.
Sec. 8075. None of the funds provided in this Act shall be
available for obligation or expenditure through a
reprogramming of funds that creates or initiates a new
program, project, or activity unless such program, project,
or activity must be undertaken immediately in the interest of
national security and only after written prior notification
to the congressional defense committees.
Sec. 8076. The budget of the President for fiscal year
2021 submitted to the Congress pursuant to section 1105 of
title 31, United States Code, shall include separate budget
justification documents for costs of United States Armed
Forces' participation in contingency operations for the
Military Personnel accounts, the Operation and Maintenance
accounts, the Procurement accounts, and the Research,
Development, Test and Evaluation accounts: Provided, That
these documents shall include a description of the funding
requested for each contingency operation, for each military
service, to include all Active and Reserve components, and
for each appropriations account: Provided further, That
these documents shall include estimated costs for each
element of expense or object class, a reconciliation of
increases and decreases for each contingency operation, and
programmatic data including, but not limited to, troop
strength for each Active and Reserve component, and estimates
of the major weapons systems deployed in support of each
contingency: Provided further, That these documents shall
include budget exhibits OP-5 and OP-32 (as defined in the
Department of Defense Financial Management Regulation) for
all contingency operations for the budget year and the two
preceding fiscal years.
Sec. 8077. None of the funds in this Act may be used for
research, development, test, evaluation, procurement or
deployment of nuclear armed interceptors of a missile defense
system.
Sec. 8078. The Secretary of Defense may use up to
$650,000,000 of the amounts appropriated or otherwise made
available in this Act to the Department of Defense for the
rapid acquisition and deployment of supplies and associated
support services pursuant to section 806 of the Bob Stump
National Defense Authorization Act for Fiscal Year 2003
(Public Law 107-314; 10 U.S.C. 2302 note), but only for the
purposes specified in clauses (i), (ii), (iii), and (iv) of
subsection (c)(3)(B) of such section and subject to the
applicable limits specified in clauses (i), (ii), and (iii)
of
[[Page H10328]]
such subsection and, in the case of clause (iv) of such
subsection, subject to a limit of $50,000,000: Provided,
That the Secretary of Defense shall notify the congressional
defense committees promptly of all uses of such authority.
Sec. 8079. None of the funds appropriated or made
available in this Act shall be used to reduce or disestablish
the operation of the 53rd Weather Reconnaissance Squadron of
the Air Force Reserve, if such action would reduce the WC-130
Weather Reconnaissance mission below the levels funded in
this Act: Provided, That the Air Force shall allow the 53rd
Weather Reconnaissance Squadron to perform other missions in
support of national defense requirements during the non-
hurricane season.
Sec. 8080. None of the funds provided in this Act shall be
available for integration of foreign intelligence information
unless the information has been lawfully collected and
processed during the conduct of authorized foreign
intelligence activities: Provided, That information
pertaining to United States persons shall only be handled in
accordance with protections provided in the Fourth Amendment
of the United States Constitution as implemented through
Executive Order No. 12333.
Sec. 8081. (a) None of the funds appropriated by this Act
may be used to transfer research and development,
acquisition, or other program authority relating to current
tactical unmanned aerial vehicles (TUAVs) from the Army.
(b) The Army shall retain responsibility for and
operational control of the MQ-1C Gray Eagle Unmanned Aerial
Vehicle (UAV) in order to support the Secretary of Defense in
matters relating to the employment of unmanned aerial
vehicles.
Sec. 8082. None of the funds appropriated by this Act for
programs of the Office of the Director of National
Intelligence shall remain available for obligation beyond the
current fiscal year, except for funds appropriated for
research and technology, which shall remain available until
September 30, 2021.
Sec. 8083. For purposes of section 1553(b) of title 31,
United States Code, any subdivision of appropriations made in
this Act under the heading ``Shipbuilding and Conversion,
Navy'' shall be considered to be for the same purpose as any
subdivision under the heading ``Shipbuilding and Conversion,
Navy'' appropriations in any prior fiscal year, and the 1
percent limitation shall apply to the total amount of the
appropriation.
Sec. 8084. (a) Not later than 60 days after the date of
enactment of this Act, the Director of National Intelligence
shall submit a report to the congressional intelligence
committees to establish the baseline for application of
reprogramming and transfer authorities for fiscal year 2020:
Provided, That the report shall include--
(1) a table for each appropriation with a separate column
to display the President's budget request, adjustments made
by Congress, adjustments due to enacted rescissions, if
appropriate, and the fiscal year enacted level;
(2) a delineation in the table for each appropriation by
Expenditure Center and project; and
(3) an identification of items of special congressional
interest.
(b) None of the funds provided for the National
Intelligence Program in this Act shall be available for
reprogramming or transfer until the report identified in
subsection (a) is submitted to the congressional intelligence
committees, unless the Director of National Intelligence
certifies in writing to the congressional intelligence
committees that such reprogramming or transfer is necessary
as an emergency requirement.
Sec. 8085. Notwithstanding any other provision of law, any
transfer of funds, appropriated or otherwise made available
by this Act, for support to friendly foreign countries in
connection with the conduct of operations in which the United
States is not participating, pursuant to section 331(d) of
title 10, United States Code, shall be made in accordance
with section 8005 or 9002 of this Act, as applicable.
Sec. 8086. Any transfer of amounts appropriated to,
credited to, or deposited in the Department of Defense
Acquisition Workforce Development Fund in or for fiscal year
2020 to a military department or Defense Agency pursuant to
section 1705(e)(1) of title 10, United States Code, shall be
covered by and subject to section 8005 or 9002 of this Act,
as applicable.
Sec. 8087. None of the funds made available by this Act
for excess defense articles, assistance under section 333 of
title 10, United States Code, or peacekeeping operations for
the countries designated annually to be in violation of the
standards of the Child Soldiers Prevention Act of 2008
(Public Law 110-457; 22 U.S.C. 2370c-1) may be used to
support any military training or operation that includes
child soldiers, as defined by the Child Soldiers Prevention
Act of 2008, unless such assistance is otherwise permitted
under section 404 of the Child Soldiers Prevention Act of
2008.
Sec. 8088. (a) None of the funds provided for the National
Intelligence Program in this or any prior appropriations Act
shall be available for obligation or expenditure through a
reprogramming or transfer of funds in accordance with section
102A(d) of the National Security Act of 1947 (50 U.S.C.
3024(d)) that--
(1) creates a new start effort;
(2) terminates a program with appropriated funding of
$10,000,000 or more;
(3) transfers funding into or out of the National
Intelligence Program; or
(4) transfers funding between appropriations, unless the
congressional intelligence committees are notified 30 days in
advance of such reprogramming of funds; this notification
period may be reduced for urgent national security
requirements.
(b) None of the funds provided for the National
Intelligence Program in this or any prior appropriations Act
shall be available for obligation or expenditure through a
reprogramming or transfer of funds in accordance with section
102A(d) of the National Security Act of 1947 (50 U.S.C.
3024(d)) that results in a cumulative increase or decrease of
the levels specified in the classified annex accompanying the
Act unless the congressional intelligence committees are
notified 30 days in advance of such reprogramming of funds;
this notification period may be reduced for urgent national
security requirements.
Sec. 8089. For the purposes of this Act, the term
``congressional intelligence committees'' means the Permanent
Select Committee on Intelligence of the House of
Representatives, the Select Committee on Intelligence of the
Senate, the Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives, and the
Subcommittee on Defense of the Committee on Appropriations of
the Senate.
(including transfer of funds)
Sec. 8090. During the current fiscal year, not to exceed
$11,000,000 from each of the appropriations made in title II
of this Act for ``Operation and Maintenance, Army'',
``Operation and Maintenance, Navy'', and ``Operation and
Maintenance, Air Force'' may be transferred by the military
department concerned to its central fund established for
Fisher Houses and Suites pursuant to section 2493(d) of title
10, United States Code.
Sec. 8091. None of the funds appropriated by this Act may
be available for the purpose of making remittances to the
Department of Defense Acquisition Workforce Development Fund
in accordance with section 1705 of title 10, United States
Code.
Sec. 8092. (a) Any agency receiving funds made available in
this Act, shall, subject to subsections (b) and (c), post on
the public Web site of that agency any report required to be
submitted by the Congress in this or any other Act, upon the
determination by the head of the agency that it shall serve
the national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises national
security; or
(2) the report contains proprietary information.
(c) The head of the agency posting such report shall do so
only after such report has been made available to the
requesting Committee or Committees of Congress for no less
than 45 days.
Sec. 8093. (a) None of the funds appropriated or otherwise
made available by this Act may be expended for any Federal
contract for an amount in excess of $1,000,000, unless the
contractor agrees not to--
(1) enter into any agreement with any of its employees or
independent contractors that requires, as a condition of
employment, that the employee or independent contractor agree
to resolve through arbitration any claim under title VII of
the Civil Rights Act of 1964 or any tort related to or
arising out of sexual assault or harassment, including
assault and battery, intentional infliction of emotional
distress, false imprisonment, or negligent hiring,
supervision, or retention; or
(2) take any action to enforce any provision of an existing
agreement with an employee or independent contractor that
mandates that the employee or independent contractor resolve
through arbitration any claim under title VII of the Civil
Rights Act of 1964 or any tort related to or arising out of
sexual assault or harassment, including assault and battery,
intentional infliction of emotional distress, false
imprisonment, or negligent hiring, supervision, or retention.
(b) None of the funds appropriated or otherwise made
available by this Act may be expended for any Federal
contract unless the contractor certifies that it requires
each covered subcontractor to agree not to enter into, and
not to take any action to enforce any provision of, any
agreement as described in paragraphs (1) and (2) of
subsection (a), with respect to any employee or independent
contractor performing work related to such subcontract. For
purposes of this subsection, a ``covered subcontractor'' is
an entity that has a subcontract in excess of $1,000,000 on a
contract subject to subsection (a).
(c) The prohibitions in this section do not apply with
respect to a contractor's or subcontractor's agreements with
employees or independent contractors that may not be enforced
in a court of the United States.
(d) The Secretary of Defense may waive the application of
subsection (a) or (b) to a particular contractor or
subcontractor for the purposes of a particular contract or
subcontract if the Secretary or the Deputy Secretary
personally determines that the waiver is necessary to avoid
harm to national security interests of the United States, and
that the term of the contract or subcontract is not longer
than necessary to avoid such harm. The determination shall
set forth with specificity the grounds for the waiver and for
the contract or subcontract term selected, and shall state
any alternatives considered in lieu of a waiver and the
reasons each such alternative would not avoid harm to
national security interests of the United
[[Page H10329]]
States. The Secretary of Defense shall transmit to Congress,
and simultaneously make public, any determination under this
subsection not less than 15 business days before the contract
or subcontract addressed in the determination may be awarded.
(including transfer of funds)
Sec. 8094. From within the funds appropriated for
operation and maintenance for the Defense Health Program in
this Act, up to $127,000,000, shall be available for transfer
to the Joint Department of Defense-Department of Veterans
Affairs Medical Facility Demonstration Fund in accordance
with the provisions of section 1704 of the National Defense
Authorization Act for Fiscal Year 2010, Public Law 111-84:
Provided, That for purposes of section 1704(b), the facility
operations funded are operations of the integrated Captain
James A. Lovell Federal Health Care Center, consisting of the
North Chicago Veterans Affairs Medical Center, the Navy
Ambulatory Care Center, and supporting facilities designated
as a combined Federal medical facility as described by
section 706 of Public Law 110-417: Provided further, That
additional funds may be transferred from funds appropriated
for operation and maintenance for the Defense Health Program
to the Joint Department of Defense-Department of Veterans
Affairs Medical Facility Demonstration Fund upon written
notification by the Secretary of Defense to the Committees on
Appropriations of the House of Representatives and the
Senate.
Sec. 8095. None of the funds appropriated or otherwise
made available by this Act may be used by the Department of
Defense or a component thereof in contravention of the
provisions of section 130h of title 10, United States Code.
Sec. 8096. Appropriations available to the Department of
Defense may be used for the purchase of heavy and light
armored vehicles for the physical security of personnel or
for force protection purposes up to a limit of $450,000 per
vehicle, notwithstanding price or other limitations
applicable to the purchase of passenger carrying vehicles.
(including transfer of funds)
Sec. 8097. Upon a determination by the Director of
National Intelligence that such action is necessary and in
the national interest, the Director may, with the approval of
the Office of Management and Budget, transfer not to exceed
$1,500,000,000 of the funds made available in this Act for
the National Intelligence Program: Provided, That such
authority to transfer may not be used unless for higher
priority items, based on unforeseen intelligence
requirements, than those for which originally appropriated
and in no case where the item for which funds are requested
has been denied by the Congress: Provided further, That a
request for multiple reprogrammings of funds using authority
provided in this section shall be made prior to June 30,
2020.
Sec. 8098. None of the funds appropriated or otherwise
made available in this or any other Act may be used to
transfer, release, or assist in the transfer or release to or
within the United States, its territories, or possessions
Khalid Sheikh Mohammed or any other detainee who--
(1) is not a United States citizen or a member of the Armed
Forces of the United States; and
(2) is or was held on or after June 24, 2009, at United
States Naval Station, Guantanamo Bay, Cuba, by the Department
of Defense.
Sec. 8099. None of the funds appropriated or otherwise
made available in this Act may be used to transfer any
individual detained at United States Naval Station Guantanamo
Bay, Cuba, to the custody or control of the individual's
country of origin, any other foreign country, or any other
foreign entity except in accordance with section 1034 of the
National Defense Authorization Act for Fiscal Year 2016
(Public Law 114-92) and section 1035 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232).
Sec. 8100. None of the funds made available by this Act
may be used in contravention of the War Powers Resolution (50
U.S.C. 1541 et seq.).
Sec. 8101. (a) None of the funds appropriated or otherwise
made available by this or any other Act may be used by the
Secretary of Defense, or any other official or officer of the
Department of Defense, to enter into a contract, memorandum
of understanding, or cooperative agreement with, or make a
grant to, or provide a loan or loan guarantee to
Rosoboronexport or any subsidiary of Rosoboronexport.
(b) The Secretary of Defense may waive the limitation in
subsection (a) if the Secretary, in consultation with the
Secretary of State and the Director of National Intelligence,
determines that it is in the vital national security interest
of the United States to do so, and certifies in writing to
the congressional defense committees that, to the best of the
Secretary's knowledge:
(1) Rosoboronexport has ceased the transfer of lethal
military equipment to, and the maintenance of existing lethal
military equipment for, the Government of the Syrian Arab
Republic;
(2) The armed forces of the Russian Federation have
withdrawn from Crimea, other than armed forces present on
military bases subject to agreements in force between the
Government of the Russian Federation and the Government of
Ukraine; and
(3) Agents of the Russian Federation have ceased taking
active measures to destabilize the control of the Government
of Ukraine over eastern Ukraine.
(c) The Inspector General of the Department of Defense
shall conduct a review of any action involving
Rosoboronexport with respect to a waiver issued by the
Secretary of Defense pursuant to subsection (b), and not
later than 90 days after the date on which such a waiver is
issued by the Secretary of Defense, the Inspector General
shall submit to the congressional defense committees a report
containing the results of the review conducted with respect
to such waiver.
Sec. 8102. None of the funds made available in this Act
may be used for the purchase or manufacture of a flag of the
United States unless such flags are treated as covered items
under section 2533a(b) of title 10, United States Code.
Sec. 8103. (a) None of the funds appropriated or otherwise
made available in this or any other Act may be used to
construct, acquire, or modify any facility in the United
States, its territories, or possessions to house any
individual described in subsection (c) for the purposes of
detention or imprisonment in the custody or under the
effective control of the Department of Defense.
(b) The prohibition in subsection (a) shall not apply to
any modification of facilities at United States Naval
Station, Guantanamo Bay, Cuba.
(c) An individual described in this subsection is any
individual who, as of June 24, 2009, is located at United
States Naval Station, Guantanamo Bay, Cuba, and who--
(1) is not a citizen of the United States or a member of
the Armed Forces of the United States; and
(2) is--
(A) in the custody or under the effective control of the
Department of Defense; or
(B) otherwise under detention at United States Naval
Station, Guantanamo Bay, Cuba.
Sec. 8104. (a) Of the funds appropriated in this Act for
the Department of Defense, amounts should be made available,
under such regulations as the Secretary of Defense may
prescribe, to local military commanders appointed by the
Secretary, or by an officer or employee designated by the
Secretary, to provide at their discretion ex gratia payments
in amounts consistent with subsection (d) of this section for
damage, personal injury, or death that is incident to combat
operations of the Armed Forces in a foreign country.
(b) An ex gratia payment under this section may be provided
only if--
(1) the prospective foreign civilian recipient is
determined by the local military commander to be friendly to
the United States;
(2) a claim for damages would not be compensable under
chapter 163 of title 10, United States Code (commonly known
as the ``Foreign Claims Act''); and
(3) the property damage, personal injury, or death was not
caused by action by an enemy.
(c) Any payments provided under a program under subsection
(a) shall not be considered an admission or acknowledgement
of any legal obligation to compensate for any damage,
personal injury, or death.
(d) If the Secretary of Defense determines a program under
subsection (a) to be appropriate in a particular setting, the
amounts of payments, if any, to be provided to civilians
determined to have suffered harm incident to combat
operations of the Armed Forces under the program should be
determined pursuant to regulations prescribed by the
Secretary and based on an assessment, which should include
such factors as cultural appropriateness and prevailing
economic conditions.
(e) Local military commanders shall receive legal advice
before making ex gratia payments under this subsection. The
legal advisor, under regulations of the Department of
Defense, shall advise on whether an ex gratia payment is
proper under this section and applicable Department of
Defense regulations.
(f) A written record of any ex gratia payment offered or
denied shall be kept by the local commander and on a timely
basis submitted to the appropriate office in the Department
of Defense as determined by the Secretary of Defense.
(g) The Secretary of Defense shall report to the
congressional defense committees on an annual basis the
efficacy of the ex gratia payment program including the
number of types of cases considered, amounts offered, the
response from ex gratia payment recipients, and any
recommended modifications to the program.
Sec. 8105. The Secretary of Defense shall post grant
awards on a public website in a searchable format.
Sec. 8106. The Secretary of each military department, in
reducing each research, development, test and evaluation and
procurement account of the military department as required
under paragraph (1) of section 828(d) of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92; 10
U.S.C. 2430 note), as amended by section 825(a)(3) of the
National Defense Authorization Act for Fiscal Year 2018,
shall allocate the percentage reduction determined under
paragraph (2) of such section 828(d) proportionally from all
programs, projects, or activities under such account:
Provided, That the authority under section 804(d)(2) of the
National Defense Authorization Act for Fiscal Year 2016
(Public Law 114-92; 10 U.S.C. 2302 note) to transfer amounts
available in the Rapid Prototyping Fund shall be subject to
section 8005 or 9002 of this Act, as applicable.
[[Page H10330]]
Sec. 8107. None of the funds made available by this Act
may be used by the National Security Agency to--
(1) conduct an acquisition pursuant to section 702 of the
Foreign Intelligence Surveillance Act of 1978 for the purpose
of targeting a United States person; or
(2) acquire, monitor, or store the contents (as such term
is defined in section 2510(8) of title 18, United States
Code) of any electronic communication of a United States
person from a provider of electronic communication services
to the public pursuant to section 501 of the Foreign
Intelligence Surveillance Act of 1978.
Sec. 8108. None of the funds made available in this or any
other Act may be used to pay the salary of any officer or
employee of any agency funded by this Act who approves or
implements the transfer of administrative responsibilities or
budgetary resources of any program, project, or activity
financed by this Act to the jurisdiction of another Federal
agency not financed by this Act without the express
authorization of Congress: Provided, That this limitation
shall not apply to transfers of funds expressly provided for
in Defense Appropriations Acts, or provisions of Acts
providing supplemental appropriations for the Department of
Defense.
Sec. 8109. Of the amounts appropriated in this Act for
``Operation and Maintenance, Navy'', $352,044,000, to remain
available until expended, may be used for any purposes
related to the National Defense Reserve Fleet established
under section 11 of the Merchant Ship Sales Act of 1946 (46
U.S.C. 57100): Provided, That such amounts are available for
reimbursements to the Ready Reserve Force, Maritime
Administration account of the United States Department of
Transportation for programs, projects, activities, and
expenses related to the National Defense Reserve Fleet.
Sec. 8110. None of the funds made available in this Act
may be obligated for activities authorized under section 1208
of the Ronald W. Reagan National Defense Authorization Act
for Fiscal Year 2005 (Public Law 112-81; 125 Stat. 1621) to
initiate support for, or expand support to, foreign forces,
irregular forces, groups, or individuals unless the
congressional defense committees are notified in accordance
with the direction contained in the classified annex
accompanying this Act, not less than 15 days before
initiating such support: Provided, That none of the funds
made available in this Act may be used under section 1208 for
any activity that is not in support of an ongoing military
operation being conducted by United States Special Operations
Forces to combat terrorism: Provided further, That the
Secretary of Defense may waive the prohibitions in this
section if the Secretary determines that such waiver is
required by extraordinary circumstances and, by not later
than 72 hours after making such waiver, notifies the
congressional defense committees of such waiver.
Sec. 8111. None of the funds made available by this Act
may be used with respect to Iraq in contravention of the War
Powers Resolution (50 U.S.C. 1541 et seq.), including for the
introduction of United States armed forces into hostilities
in Iraq, into situations in Iraq where imminent involvement
in hostilities is clearly indicated by the circumstances, or
into Iraqi territory, airspace, or waters while equipped for
combat, in contravention of the congressional consultation
and reporting requirements of sections 3 and 4 of such
Resolution (50 U.S.C. 1542 and 1543).
Sec. 8112. The Secretary of Defense, in consultation with
the Service Secretaries, shall submit two reports to the
congressional defense committees, not later than March 1,
2020, and not later than September 1, 2020, detailing the
submission of records during the previous 6 months to
databases accessible to the National Instant Criminal
Background Check System (NICS), including the Interstate
Identification Index (III), the National Crime Information
Center (NCIC), and the NICS Index, as required by Public Law
110-180: Provided, That such reports shall provide the
number and category of records submitted by month to each
such database, by Service or Component: Provided further,
That such reports shall identify the number and category of
records submitted by month to those databases for which the
Identification for Firearm Sales (IFFS) flag or other
database flags were used to pre-validate the records and
indicate that such persons are prohibited from receiving or
possessing a firearm: Provided further, That such reports
shall describe the steps taken during the previous 6 months,
by Service or Component, to ensure complete and accurate
submission and appropriate flagging of records of individuals
prohibited from gun possession or receipt pursuant to 18
U.S.C. 922(g) or (n) including applicable records involving
proceedings under the Uniform Code of Military Justice.
Sec. 8113. (a) None of the funds provided in this Act for
the TAO Fleet Oiler program shall be used to award a new
contract that provides for the acquisition of the following
components unless those components are manufactured in the
United States: Auxiliary equipment (including pumps) for
shipboard services; propulsion equipment (including engines,
reduction gears, and propellers); shipboard cranes; and
spreaders for shipboard cranes.
(b) None of the funds provided in this Act for the FFG(X)
Frigate program shall be used to award a new contract that
provides for the acquisition of the following components
unless those components are manufactured in the United
States: Air circuit breakers; gyrocompasses; electronic
navigation chart systems; steering controls; pumps;
propulsion and machinery control systems; totally enclosed
lifeboats; auxiliary equipment pumps; shipboard cranes;
auxiliary chill water systems; and propulsion propellers:
Provided, That the Secretary of the Navy shall incorporate
United States manufactured propulsion engines and propulsion
reduction gears into the FFG(X) Frigate program beginning not
later than with the eleventh ship of the program.
Sec. 8114. No amounts credited or otherwise made available
in this or any other Act to the Department of Defense
Acquisition Workforce Development Fund may be transferred to:
(1) the Rapid Prototyping Fund established under section
804(d) of the National Defense Authorization Act for Fiscal
Year 2016 (10 U.S.C. 2302 note); or
(2) credited to a military-department specific fund
established under section 804(d)(2) of the National Defense
Authorization Act for Fiscal Year 2016 (as amended by section
897 of the National Defense Authorization Act for Fiscal Year
2017).
Sec. 8115. None of the funds made available by this Act
may be used for Government Travel Charge Card expenses by
military or civilian personnel of the Department of Defense
for gaming, or for entertainment that includes topless or
nude entertainers or participants, as prohibited by
Department of Defense FMR, Volume 9, Chapter 3 and Department
of Defense Instruction 1015.10 (enclosure 3, 14a and 14b).
Sec. 8116. Notwithstanding any other provision of law,
from funds made available to the Department of Defense in
title II of this Act under the heading ``Operation and
Maintenance, Defense-Wide'', $15,000,000 shall be available
for a project in a country designated by the Secretary of
Defense: Provided, That in furtherance of the project, the
Department of Defense is authorized to acquire services,
including services performed pursuant to a grant agreement,
from another Federal agency, on an advance of funds or
reimbursable basis: Provided further, That an order for
services placed under this section is deemed to be an
obligation in the same manner that a similar order placed
under a contract with a private contractor is an obligation.
Sec. 8117. None of the funds appropriated by this Act may
be made available to deliver F-35 air vehicles or any other
F-35 weapon system equipment to the Republic of Turkey,
except in accordance with section 1245 of the National
Defense Authorization Act for Fiscal Year 2020.
(including transfer of funds)
Sec. 8118. Of the amounts appropriated in this Act, the
Secretary of Defense may use up to $82,046,000 under the
heading ``Operation and Maintenance, Defense-Wide'', and up
to $44,001,000 under the heading ``Research, Development,
Test and Evaluation, Defense-Wide'' to develop, replace, and
sustain Federal Government security and suitability
background investigation information technology systems of
the Office of Personnel Management or other Federal agency
responsible for conducting such investigations: Provided,
That the Secretary may transfer additional amounts into these
headings or into ``Procurement, Defense-Wide'' using
established reprogramming procedures prescribed in the
Department of Defense Financial Management Regulation
7000.14, Volume 3, Chapter 6, dated September 2015: Provided
further, That such funds shall supplement, not supplant any
other amounts made available to other Federal agencies for
such purposes.
Sec. 8119. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network
unless such network is designed to block access to
pornography websites.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law
enforcement agency or any other entity carrying out criminal
investigations, prosecution, or adjudication activities, or
for any activity necessary for the national defense,
including intelligence activities.
Sec. 8120. Notwithstanding any other provision of law, any
transfer of funds appropriated or otherwise made available by
this Act to the Global Engagement Center established by
section 1287 of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 130 Stat. 22 U.S.C.
2656 note) shall be made in accordance with section 8005 or
9002 of this Act, as applicable, but only after the amount so
transferred exceeds $20,000,000, the amount appropriated in
this Act for the Global Engagement Center.
Sec. 8121. In addition to amounts provided elsewhere in
this Act, there is appropriated $315,000,000, for an
additional amount for ``Operation and Maintenance, Defense-
Wide'', to remain available until expended: Provided, That
such funds shall only be available to the Secretary of
Defense, acting through the Office of Economic Adjustment of
the Department of Defense, or for transfer to the Secretary
of Education, notwithstanding any other provision of law, to
make grants, conclude cooperative agreements, or supplement
other Federal funds to construct, renovate, repair, or expand
elementary and secondary public schools on military
installations in order to address capacity or facility
condition deficiencies at such schools: Provided further,
That in making such funds available, the Office of Economic
Adjustment or the Secretary of Education shall
[[Page H10331]]
give priority consideration to those military installations
with schools having the most serious capacity or facility
condition deficiencies as determined by the Secretary of
Defense: Provided further, That as a condition of receiving
funds under this section a local educational agency or State
shall provide a matching share as described in the notice
titled ``Department of Defense Program for Construction,
Renovation, Repair or Expansion of Public Schools Located on
Military Installations'' published by the Department of
Defense in the Federal Register on September 9, 2011 (76 Fed.
Reg. 55883 et seq.): Provided further, That these provisions
apply to funds provided under this section, and to funds
previously provided by Congress to construct, renovate,
repair, or expand elementary and secondary public schools on
military installations in order to address capacity or
facility condition deficiencies at such schools to the extent
such funds remain unobligated on the date of enactment of
this section.
Sec. 8122. None of the funds made available by this Act
may be used to carry out the closure or realignment of the
United States Naval Station, Guantanamo Bay, Cuba.
Sec. 8123. In carrying out the program described in the
memorandum on the subject of ``Policy for Assisted
Reproductive Services for the Benefit of Seriously or
Severely Ill/Injured (Category II or III) Active Duty Service
Members'' issued by the Assistant Secretary of Defense for
Health Affairs on April 3, 2012, and the guidance issued to
implement such memorandum, the Secretary of Defense shall
apply such policy and guidance, except that--
(1) the limitation on periods regarding embryo
cryopreservation and storage set forth in part III(G) and in
part IV(H) of such memorandum shall not apply; and
(2) the term ``assisted reproductive technology'' shall
include embryo cryopreservation and storage without
limitation on the duration of such cryopreservation and
storage.
Sec. 8124. None of the funds made available by this Act
may be used to provide arms, training, or other assistance to
the Azov Battalion.
Sec. 8125. None of the funds provided for, or otherwise
made available, in this or any other Act, may be obligated or
expended by the Secretary of Defense to provide motorized
vehicles, aviation platforms, munitions other than small arms
and munitions appropriate for customary ceremonial honors,
operational military units, or operational military platforms
if the Secretary determines that providing such units,
platforms, or equipment would undermine the readiness of such
units, platforms, or equipment.
Sec. 8126. The Secretary of Defense may obligate and
expend funds made available under this Act for procurement or
for research, development, test and evaluation for the F-35
Joint Strike Fighter to modify up to six F-35 aircraft,
including up to two F-35 aircraft of each variant, to a test
configuration: Provided, That the Secretary of Defense
shall, with the concurrence of the Secretary of the Air Force
and the Secretary of the Navy, notify the congressional
defense committees not fewer than 30 days prior to obligating
and expending funds under this section: Provided further,
That any transfer of funds pursuant to the authority provided
in this section shall be made in accordance with section 8005
or 9002 of this Act, as appropriate, if applicable: Provided
further, That aircraft referred to previously in this section
are not additional to aircraft referred to in section 8135 of
the Department of Defense Appropriations Act, 2019.
Sec. 8127. Amounts appropriated for ``Defense Health
Program'' in this Act and hereafter may be obligated to make
death gratuity payments, as authorized in subchapter II of
chapter 75 of title 10, United States Code, if no
appropriation for ``Military Personnel'' is available for
obligation for such payments: Provided, That such
obligations may subsequently be recorded against
appropriations available for ``Military Personnel''.
Sec. 8128. (a) None of the funds made available by this or
any other Act may be used to enter into a contract,
memorandum of understanding, or cooperative agreement with,
make a grant to, or provide a loan or loan guarantee to any
corporation that has any unpaid Federal tax liability that
has been assessed, for which all judicial and administrative
remedies have been exhausted or have lapsed, and that is not
being paid in a timely manner pursuant to an agreement with
the authority responsible for collecting such tax liability,
provided that the applicable Federal agency is aware of the
unpaid Federal tax liability.
(b) Subsection (a) shall not apply if the applicable
Federal agency has considered suspension or debarment of the
corporation described in such subsection and has made a
determination that such suspension or debarment is not
necessary to protect the interests of the Federal Government.
Sec. 8129. None of the funds made available by this Act
may be used in contravention of--
(1) Executive Order No. 13175 (65 Fed. Reg. 67249; relating
to consultation and coordination with Indian Tribal
governments); or
(2) section 1501.2(d)(2) of title 40, Code of Federal
Regulations.
Sec. 8130. During fiscal year 2020, any advance billing
for background investigation services and related services
purchased from activities financed using Defense Working
Capital Funds shall be excluded from the calculation of
cumulative advance billings under section 2208(l)(3) of title
10, United States Code.
Sec. 8131. None of the funds appropriated or otherwise
made available by this Act may be used to transfer the
National Reconnaissance Office to the Space Force.
Sec. 8132. The Secretary of Defense shall submit to the
Committees on Appropriations the reports required by section
596 of the National Defense Authorization Act for Fiscal Year
2020.
Sec. 8133. Notwithstanding any other provision of this
Act, to reflect savings due to favorable foreign exchange
rates, the total amount appropriated in this Act is hereby
reduced by $81,559,000.
TITLE IX
OVERSEAS CONTINGENCY OPERATIONS
MILITARY PERSONNEL
Military Personnel, Army
For an additional amount for ``Military Personnel, Army'',
$2,743,132,000: Provided, That such amount is designated by
the Congress for Overseas Contingency Operations/Global War
on Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Military Personnel, Navy
For an additional amount for ``Military Personnel, Navy'',
$356,392,000: Provided, That such amount is designated by
the Congress for Overseas Contingency Operations/Global War
on Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Military Personnel, Marine Corps
For an additional amount for ``Military Personnel, Marine
Corps'', $104,213,000: Provided, That such amount is
designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Military Personnel, Air Force
For an additional amount for ``Military Personnel, Air
Force'', $1,007,594,000: Provided, That such amount is
designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Reserve Personnel, Army
For an additional amount for ``Reserve Personnel, Army'',
$34,812,000: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Reserve Personnel, Navy
For an additional amount for ``Reserve Personnel, Navy'',
$11,370,000: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Reserve Personnel, Marine Corps
For an additional amount for ``Reserve Personnel, Marine
Corps'', $3,599,000: Provided, That such amount is
designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Reserve Personnel, Air Force
For an additional amount for ``Reserve Personnel, Air
Force'', $16,428,000: Provided, That such amount is
designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
National Guard Personnel, Army
For an additional amount for ``National Guard Personnel,
Army'', $202,644,000: Provided, That such amount is
designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
National Guard Personnel, Air Force
For an additional amount for ``National Guard Personnel,
Air Force'', $5,624,000: Provided, That such amount is
designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For an additional amount for ``Operation and Maintenance,
Army'', $20,092,038,000: Provided, That such amount is
designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Operation and Maintenance, Navy
For an additional amount for ``Operation and Maintenance,
Navy'', $8,772,379,000: Provided, That such amount is
designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Operation and Maintenance, Marine Corps
For an additional amount for ``Operation and Maintenance,
Marine Corps'',
[[Page H10332]]
$1,109,791,000: Provided, That such amount is designated by
the Congress for Overseas Contingency Operations/Global War
on Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Operation and Maintenance, Air Force
For an additional amount for ``Operation and Maintenance,
Air Force'', $10,359,379,000: Provided, That such amount is
designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Operation and Maintenance, Defense-Wide
For an additional amount for ``Operation and Maintenance,
Defense-Wide'', $7,803,193,000: Provided, That of the funds
provided under this heading, not to exceed $225,000,000, to
remain available until September 30, 2021, shall be for
payments to reimburse key cooperating nations for logistical,
military, and other support, including access, provided to
United States military and stability operations in
Afghanistan and to counter the Islamic State of Iraq and
Syria: Provided further, That such reimbursement payments
may be made in such amounts as the Secretary of Defense, with
the concurrence of the Secretary of State, and in
consultation with the Director of the Office of Management
and Budget, may determine, based on documentation determined
by the Secretary of Defense to adequately account for the
support provided, and such determination is final and
conclusive upon the accounting officers of the United States,
and 15 days following written notification to the appropriate
congressional committees: Provided further, That these funds
may be used for the purpose of providing specialized training
and procuring supplies and specialized equipment and
providing such supplies and loaning such equipment on a non-
reimbursable basis to coalition forces supporting United
States military and stability operations in Afghanistan and
to counter the Islamic State of Iraq and Syria, and 15 days
following written notification to the appropriate
congressional committees: Provided further, That these funds
may be used to support the Government of Jordan in such
amounts as the Secretary of Defense may determine, to enhance
the ability of the armed forces of Jordan to increase or
sustain security along its borders, upon 15 days prior
written notification to the congressional defense committees
outlining the amounts intended to be provided and the nature
of the expenses incurred: Provided further, That of the
funds provided under this heading, not to exceed
$1,049,178,000 to remain available until September 30, 2021,
shall be available to provide support and assistance to
foreign security forces or other groups or individuals to
conduct, support or facilitate counterterrorism, crisis
response, or other Department of Defense security cooperation
programs: Provided further, That the Secretary of Defense
shall provide quarterly reports to the congressional defense
committees on the use of funds provided in this paragraph:
Provided further, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Operation and Maintenance, Army Reserve
For an additional amount for ``Operation and Maintenance,
Army Reserve'', $37,592,000: Provided, That such amount is
designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Operation and Maintenance, Navy Reserve
For an additional amount for ``Operation and Maintenance,
Navy Reserve'', $23,036,000: Provided, That such amount is
designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Operation and Maintenance, Marine Corps Reserve
For an additional amount for ``Operation and Maintenance,
Marine Corps Reserve'', $8,707,000: Provided, That such
amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Operation and Maintenance, Air Force Reserve
For an additional amount for ``Operation and Maintenance,
Air Force Reserve'', $29,758,000: Provided, That such amount
is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Operation and Maintenance, Army National Guard
For an additional amount for ``Operation and Maintenance,
Army National Guard'', $83,291,000: Provided, That such
amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Operation and Maintenance, Air National Guard
For an additional amount for ``Operation and Maintenance,
Air National Guard'', $176,909,000: Provided, That such
amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Afghanistan Security Forces Fund
For the ``Afghanistan Security Forces Fund'',
$4,199,978,000, to remain available until September 30, 2021:
Provided, That such funds shall be available to the
Secretary of Defense for the purpose of allowing the
Commander, Combined Security Transition Command--Afghanistan,
or the Secretary's designee, to provide assistance, with the
concurrence of the Secretary of State, to the security forces
of Afghanistan, including the provision of equipment,
supplies, services, training, facility and infrastructure
repair, renovation, construction, and funding: Provided
further, That the Secretary of Defense may obligate and
expend funds made available to the Department of Defense in
this title for additional costs associated with existing
projects previously funded with amounts provided under the
heading ``Afghanistan Infrastructure Fund'' in prior Acts:
Provided further, That such costs shall be limited to
contract changes resulting from inflation, market
fluctuation, rate adjustments, and other necessary contract
actions to complete existing projects, and associated
supervision and administration costs and costs for design
during construction: Provided further, That the Secretary
may not use more than $50,000,000 under the authority
provided in this section: Provided further, That the
Secretary shall notify in advance such contract changes and
adjustments in annual reports to the congressional defense
committees: Provided further, That the authority to provide
assistance under this heading is in addition to any other
authority to provide assistance to foreign nations: Provided
further, That contributions of funds for the purposes
provided herein from any person, foreign government, or
international organization may be credited to this Fund, to
remain available until expended, and used for such purposes:
Provided further, That the Secretary of Defense shall notify
the congressional defense committees in writing upon the
receipt and upon the obligation of any contribution,
delineating the sources and amounts of the funds received and
the specific use of such contributions: Provided further,
That the Secretary of Defense shall, not fewer than 15 days
prior to obligating from this appropriation account, notify
the congressional defense committees in writing of the
details of any such obligation: Provided further, That the
Secretary of Defense shall notify the congressional defense
committees in writing and not fewer than 15 days prior to
obligating funds for any proposed new projects or transfer of
funds between budget sub-activity groups in excess of
$20,000,000: Provided further, That the United States may
accept equipment procured using funds provided under this
heading in this or prior Acts that was transferred to the
security forces of Afghanistan and returned by such forces to
the United States: Provided further, That equipment procured
using funds provided under this heading in this or prior
Acts, and not yet transferred to the security forces of
Afghanistan or transferred to the security forces of
Afghanistan and returned by such forces to the United States,
may be treated as stocks of the Department of Defense upon
written notification to the congressional defense committees:
Provided further, That of the funds provided under this
heading, not less than $10,000,000 shall be for recruitment
and retention of women in the Afghanistan National Security
Forces, and the recruitment and training of female security
personnel: Provided further, That funds appropriated under
this heading and made available for the salaries and benefits
of personnel of the Afghanistan Security Forces may only be
used for personnel who are enrolled in the Afghanistan
Personnel and Pay System: Provided further, That such amount
is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Counter-ISIS Train and Equip Fund
For the ``Counter-Islamic State of Iraq and Syria Train and
Equip Fund'', $1,195,000,000, to remain available until
September 30, 2021: Provided, That such funds shall be
available to the Secretary of Defense in coordination with
the Secretary of State, to provide assistance, including
training; equipment; logistics support, supplies, and
services; stipends; infrastructure repair and renovation;
construction for facility fortification and humane treatment;
and sustainment, to foreign security forces, irregular
forces, groups, or individuals participating, or preparing to
participate in activities to counter the Islamic State of
Iraq and Syria, and their affiliated or associated groups:
Provided further, That these funds may be used in such
amounts as the Secretary of Defense may determine to enhance
the border security of nations adjacent to conflict areas
including Jordan, Lebanon, Egypt, and Tunisia resulting from
actions of the Islamic State of Iraq and Syria: Provided
further, That amounts made available under this heading shall
be available to provide assistance only for activities in a
country designated by the Secretary of Defense, in
coordination with the
[[Page H10333]]
Secretary of State, as having a security mission to counter
the Islamic State of Iraq and Syria, and following written
notification to the congressional defense committees of such
designation: Provided further, That the Secretary of Defense
shall ensure that prior to providing assistance to elements
of any forces or individuals, such elements or individuals
are appropriately vetted, including at a minimum, assessing
such elements for associations with terrorist groups or
groups associated with the Government of Iran; and receiving
commitments from such elements to promote respect for human
rights and the rule of law: Provided further, That the
Secretary of Defense shall, not fewer than 15 days prior to
obligating from this appropriation account, notify the
congressional defense committees in writing of the details of
any such obligation: Provided further, That the Secretary of
Defense may accept and retain contributions, including
assistance in-kind, from foreign governments, including the
Government of Iraq and other entities, to carry out
assistance authorized under this heading: Provided further,
That contributions of funds for the purposes provided herein
from any foreign government or other entity may be credited
to this Fund, to remain available until expended, and used
for such purposes: Provided further, That the Secretary of
Defense shall prioritize such contributions when providing
any assistance for construction for facility fortification:
Provided further, That the Secretary of Defense may waive a
provision of law relating to the acquisition of items and
support services or sections 40 and 40A of the Arms Export
Control Act (22 U.S.C. 2780 and 2785) if the Secretary
determines that such provision of law would prohibit,
restrict, delay or otherwise limit the provision of such
assistance and a notice of and justification for such waiver
is submitted to the congressional defense committees, the
Committees on Appropriations and Foreign Relations of the
Senate and the Committees on Appropriations and Foreign
Affairs of the House of Representatives: Provided further,
That the United States may accept equipment procured using
funds provided under this heading, or under the heading,
``Iraq Train and Equip Fund'' in prior Acts, that was
transferred to security forces, irregular forces, or groups
participating, or preparing to participate in activities to
counter the Islamic State of Iraq and Syria and returned by
such forces or groups to the United States, and such
equipment may be treated as stocks of the Department of
Defense upon written notification to the congressional
defense committees: Provided further, That equipment
procured using funds provided under this heading, or under
the heading, ``Iraq Train and Equip Fund'' in prior Acts, and
not yet transferred to security forces, irregular forces, or
groups participating, or preparing to participate in
activities to counter the Islamic State of Iraq and Syria may
be treated as stocks of the Department of Defense when
determined by the Secretary to no longer be required for
transfer to such forces or groups and upon written
notification to the congressional defense committees:
Provided further, That the Secretary of Defense shall provide
quarterly reports to the congressional defense committees on
the use of funds provided under this heading, including, but
not limited to, the number of individuals trained, the nature
and scope of support and sustainment provided to each group
or individual, the area of operations for each group, and the
contributions of other countries, groups, or individuals:
Provided further, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
PROCUREMENT
Aircraft Procurement, Army
For an additional amount for ``Aircraft Procurement,
Army'', $531,541,000, to remain available until September 30,
2022: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Missile Procurement, Army
For an additional amount for ``Missile Procurement, Army'',
$1,423,589,000, to remain available until September 30, 2022:
Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Procurement of Weapons and Tracked Combat Vehicles, Army
For an additional amount for ``Procurement of Weapons and
Tracked Combat Vehicles, Army'', $346,306,000, to remain
available until September 30, 2022: Provided, That such
amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Procurement of Ammunition, Army
For an additional amount for ``Procurement of Ammunition,
Army'', $148,682,000, to remain available until September 30,
2022: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Other Procurement, Army
For an additional amount for ``Other Procurement, Army'',
$1,080,504,000, to remain available until September 30, 2022:
Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Aircraft Procurement, Navy
For an additional amount for ``Aircraft Procurement,
Navy'', $95,153,000, to remain available until September 30,
2022: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Weapons Procurement, Navy
For an additional amount for ``Weapons Procurement, Navy'',
$116,429,000, to remain available until September 30, 2022:
Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Procurement of Ammunition, Navy and Marine Corps
For an additional amount for ``Procurement of Ammunition,
Navy and Marine Corps'', $204,814,000, to remain available
until September 30, 2022: Provided, That such amount is
designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Other Procurement, Navy
For an additional amount for ``Other Procurement, Navy'',
$351,250,000, to remain available until September 30, 2022:
Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Procurement, Marine Corps
For an additional amount for ``Procurement, Marine Corps'',
$20,589,000, to remain available until September 30, 2022:
Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Aircraft Procurement, Air Force
For an additional amount for ``Aircraft Procurement, Air
Force'', $851,310,000, to remain available until September
30, 2022: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Missile Procurement, Air Force
For an additional amount for ``Missile Procurement, Air
Force'', $201,671,000, to remain available until September
30, 2022: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Procurement of Ammunition, Air Force
For an additional amount for ``Procurement of Ammunition,
Air Force'', $934,758,000, to remain available until
September 30, 2022: Provided, That such amount is designated
by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Other Procurement, Air Force
For an additional amount for ``Other Procurement, Air
Force'', $3,748,801,000, to remain available until September
30, 2022: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Procurement, Defense-Wide
For an additional amount for ``Procurement, Defense-Wide'',
$438,064,000, to remain available until September 30, 2022:
Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
National Guard and Reserve Equipment Account
For procurement of rotary-wing aircraft; combat, tactical
and support vehicles; other weapons; and other procurement
items for the reserve components of the Armed Forces,
$1,300,000,000, to remain available for obligation until
September 30, 2022: Provided, That the Chiefs of National
Guard and Reserve components shall, not later than 30 days
after enactment of this Act, individually submit to the
congressional defense committees the modernization priority
assessment for their respective National Guard or Reserve
component: Provided further, That none of the funds made
available by this paragraph may be used to procure manned
fixed wing aircraft, or procure or modify missiles,
munitions, or ammunition: Provided further, That such amount
is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
[[Page H10334]]
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
For an additional amount for ``Research, Development, Test
and Evaluation, Army'', $147,304,000, to remain available
until September 30, 2021: Provided, That such amount is
designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Research, Development, Test and Evaluation, Navy
For an additional amount for ``Research, Development, Test
and Evaluation, Navy'', $164,410,000, to remain available
until September 30, 2021: Provided, That such amount is
designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Research, Development, Test and Evaluation, Air Force
For an additional amount for ``Research, Development, Test
and Evaluation, Air Force'', $128,248,000, to remain
available until September 30, 2021: Provided, That such
amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Research, Development, Test and Evaluation, Defense-Wide
For an additional amount for ``Research, Development, Test
and Evaluation, Defense-Wide'', $394,260,000, to remain
available until September 30, 2021: Provided, That such
amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For an additional amount for ``Defense Working Capital
Funds'', $20,100,000: Provided, That such amount is
designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For an additional amount for ``Defense Health Program'',
$347,746,000, which shall be for operation and maintenance:
Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Drug Interdiction and Counter-Drug Activities, Defense
For an additional amount for ``Drug Interdiction and
Counter-Drug Activities, Defense'', $153,100,000: Provided,
That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Office of the Inspector General
For an additional amount for the ``Office of the Inspector
General'', $24,254,000: Provided, That such amount is
designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
GENERAL PROVISIONS--THIS TITLE
Sec. 9001. Notwithstanding any other provision of law,
funds made available in this title are in addition to amounts
appropriated or otherwise made available for the Department
of Defense for fiscal year 2020.
(including transfer of funds)
Sec. 9002. Upon the determination of the Secretary of
Defense that such action is necessary in the national
interest, the Secretary may, with the approval of the Office
of Management and Budget, transfer up to $2,000,000,000
between the appropriations or funds made available to the
Department of Defense in this title: Provided, That the
Secretary shall notify the Congress promptly of each transfer
made pursuant to the authority in this section: Provided
further, That the authority provided in this section is in
addition to any other transfer authority available to the
Department of Defense and is subject to the same terms and
conditions as the authority provided in section 8005 of this
Act.
Sec. 9003. Supervision and administration costs and costs
for design during construction associated with a construction
project funded with appropriations available for operation
and maintenance or the ``Afghanistan Security Forces Fund''
provided in this Act and executed in direct support of
overseas contingency operations in Afghanistan, may be
obligated at the time a construction contract is awarded:
Provided, That, for the purpose of this section, supervision
and administration costs and costs for design during
construction include all in-house Government costs.
Sec. 9004. From funds made available in this title, the
Secretary of Defense may purchase for use by military and
civilian employees of the Department of Defense in the United
States Central Command area of responsibility: (1) passenger
motor vehicles up to a limit of $75,000 per vehicle; and (2)
heavy and light armored vehicles for the physical security of
personnel or for force protection purposes up to a limit of
$450,000 per vehicle, notwithstanding price or other
limitations applicable to the purchase of passenger carrying
vehicles.
Sec. 9005. Not to exceed $5,000,000 of the amounts
appropriated by this title under the heading ``Operation and
Maintenance, Army'' may be used, notwithstanding any other
provision of law, to fund the Commanders' Emergency Response
Program (CERP), for the purpose of enabling military
commanders in Afghanistan to respond to urgent, small-scale,
humanitarian relief and reconstruction requirements within
their areas of responsibility: Provided, That each project
(including any ancillary or related elements in connection
with such project) executed under this authority shall not
exceed $2,000,000: Provided further, That not later than 45
days after the end of each 6 months of the fiscal year, the
Secretary of Defense shall submit to the congressional
defense committees a report regarding the source of funds and
the allocation and use of funds during that 6-month period
that were made available pursuant to the authority provided
in this section or under any other provision of law for the
purposes described herein: Provided further, That, not later
than 30 days after the end of each fiscal year quarter, the
Army shall submit to the congressional defense committees
quarterly commitment, obligation, and expenditure data for
the CERP in Afghanistan: Provided further, That, not less
than 15 days before making funds available pursuant to the
authority provided in this section or under any other
provision of law for the purposes described herein for a
project with a total anticipated cost for completion of
$500,000 or more, the Secretary shall submit to the
congressional defense committees a written notice containing
each of the following:
(1) The location, nature and purpose of the proposed
project, including how the project is intended to advance the
military campaign plan for the country in which it is to be
carried out.
(2) The budget, implementation timeline with milestones,
and completion date for the proposed project, including any
other CERP funding that has been or is anticipated to be
contributed to the completion of the project.
(3) A plan for the sustainment of the proposed project,
including the agreement with either the host nation, a non-
Department of Defense agency of the United States Government
or a third-party contributor to finance the sustainment of
the activities and maintenance of any equipment or facilities
to be provided through the proposed project.
Sec. 9006. Funds available to the Department of Defense
for operation and maintenance may be used, notwithstanding
any other provision of law, to provide supplies, services,
transportation, including airlift and sealift, and other
logistical support to allied forces participating in a
combined operation with the armed forces of the United States
and coalition forces supporting military and stability
operations in Afghanistan and to counter the Islamic State of
Iraq and Syria: Provided, That the Secretary of Defense
shall provide quarterly reports to the congressional defense
committees regarding support provided under this section.
Sec. 9007. None of the funds appropriated or otherwise
made available by this or any other Act shall be obligated or
expended by the United States Government for a purpose as
follows:
(1) To establish any military installation or base for the
purpose of providing for the permanent stationing of United
States Armed Forces in Iraq.
(2) To exercise United States control over any oil resource
of Iraq.
(3) To establish any military installation or base for the
purpose of providing for the permanent stationing of United
States Armed Forces in Afghanistan.
Sec. 9008. None of the funds made available in this Act
may be used in contravention of the following laws enacted or
regulations promulgated to implement the United Nations
Convention Against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment (done at New York on
December 10, 1984):
(1) Section 2340A of title 18, United States Code.
(2) Section 2242 of the Foreign Affairs Reform and
Restructuring Act of 1998 (division G of Public Law 105-277;
112 Stat. 2681-822; 8 U.S.C. 1231 note) and regulations
prescribed thereto, including regulations under part 208 of
title 8, Code of Federal Regulations, and part 95 of title
22, Code of Federal Regulations.
(3) Sections 1002 and 1003 of the Department of Defense,
Emergency Supplemental Appropriations to Address Hurricanes
in the Gulf of Mexico, and Pandemic Influenza Act, 2006
(Public Law 109-148).
Sec. 9009. None of the funds provided for the
``Afghanistan Security Forces Fund'' (ASFF) may be obligated
prior to the approval of a financial and activity plan by the
Afghanistan Resources Oversight Council (AROC) of the
Department of Defense: Provided, That the AROC must approve
the requirement and acquisition plan for any service
requirements in excess of $50,000,000 annually and any non-
standard equipment requirements in excess of $100,000,000
using ASFF: Provided further, That the Department
[[Page H10335]]
of Defense must certify to the congressional defense
committees that the AROC has convened and approved a process
for ensuring compliance with the requirements in the
preceding proviso and accompanying report language for the
ASFF.
Sec. 9010. Funds made available in this title to the
Department of Defense for operation and maintenance may be
used to purchase items having an investment unit cost of not
more than $250,000: Provided, That, upon determination by
the Secretary of Defense that such action is necessary to
meet the operational requirements of a Commander of a
Combatant Command engaged in contingency operations overseas,
such funds may be used to purchase items having an investment
item unit cost of not more than $500,000.
Sec. 9011. Up to $500,000,000 of funds appropriated by
this Act for the Defense Security Cooperation Agency in
``Operation and Maintenance, Defense-Wide'' may be used to
provide assistance to the Government of Jordan to support the
armed forces of Jordan and to enhance security along its
borders.
Sec. 9012. None of the funds made available by this Act
under the heading ``Counter-ISIS Train and Equip Fund'' may
be used to procure or transfer man-portable air defense
systems.
Sec. 9013. Of the amounts appropriated in this title under
the heading ``Operation and Maintenance, Defense-Wide'', for
the Defense Security Cooperation Agency, $250,000,000, of
which $125,000,000, to remain available until September 30,
2020, shall be for the Ukraine Security Assistance
Initiative: Provided, That such funds shall be available to
the Secretary of Defense, in coordination with the Secretary
of State, to provide assistance, including training;
equipment; lethal assistance; logistics support, supplies and
services; sustainment; and intelligence support to the
military and national security forces of Ukraine, and for
replacement of any weapons or articles provided to the
Government of Ukraine from the inventory of the United
States: Provided further, That of the amounts made available
in this section, $50,000,000 shall be available only for
lethal assistance described in paragraphs (2) and (3) of
section 1250(b) of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114-92): Provided further, That
the Secretary of Defense shall, not less than 15 days prior
to obligating funds provided under this heading, notify the
congressional defense committees in writing of the details of
any such obligation: Provided further, That the Secretary of
Defense shall, not less than 90 days after such notification
is made, inform such committees if such funds have not been
obligated and the reasons therefor: Provided further, That
the United States may accept equipment procured using funds
provided under this heading in this or prior Acts that was
transferred to the security forces of Ukraine and returned by
such forces to the United States: Provided further, That
equipment procured using funds provided under this heading in
this or prior Acts, and not yet transferred to the military
or National Security Forces of Ukraine or returned by such
forces to the United States, may be treated as stocks of the
Department of Defense upon written notification to the
congressional defense committees: Provided further, That
amounts made available by this section are designated by the
Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Sec. 9014. Funds appropriated in this title shall be
available for replacement of funds for items provided to the
Government of Ukraine from the inventory of the United States
to the extent specifically provided for in section 9013 of
this Act.
Sec. 9015. None of the funds made available by this Act
under section 9013 may be used to procure or transfer man-
portable air defense systems.
Sec. 9016. Equipment procured using funds provided in
prior Acts under the heading ``Counterterrorism Partnerships
Fund'' for the program authorized by section 1209 of the Carl
Levin and Howard P. ``Buck'' McKeon National Defense
Authorization Act for Fiscal Year 2015 (Public Law 113-291),
and not yet transferred to authorized recipients may be
transferred to foreign security forces, irregular forces,
groups, or individuals, authorized to receive assistance
using amounts provided under the heading ``Counter-ISIS Train
and Equip Fund'' in this Act: Provided, That such equipment
may be transferred 15 days following written notification to
the congressional defense committees.
Sec. 9017. (a) None of the funds appropriated or otherwise
made available by this Act under the heading ``Operation and
Maintenance, Defense-Wide'' for payments under section 1233
of Public Law 110-181 for reimbursement to the Government of
Pakistan may be made available unless the Secretary of
Defense, in coordination with the Secretary of State,
certifies to the congressional defense committees that the
Government of Pakistan is--
(1) cooperating with the United States in counterterrorism
efforts against the Haqqani Network, the Quetta Shura
Taliban, Lashkar e-Tayyiba, Jaish-e-Mohammed, Al Qaeda, and
other domestic and foreign terrorist organizations, including
taking steps to end support for such groups and prevent them
from basing and operating in Pakistan and carrying out cross
border attacks into neighboring countries;
(2) not supporting terrorist activities against United
States or coalition forces in Afghanistan, and Pakistan's
military and intelligence agencies are not intervening extra-
judicially into political and judicial processes in Pakistan;
(3) dismantling improvised explosive device (IED) networks
and interdicting precursor chemicals used in the manufacture
of IEDs;
(4) preventing the proliferation of nuclear-related
material and expertise;
(5) implementing policies to protect judicial independence
and due process of law;
(6) issuing visas in a timely manner for United States
visitors engaged in counterterrorism efforts and assistance
programs in Pakistan; and
(7) providing humanitarian organizations access to
detainees, internally displaced persons, and other Pakistani
civilians affected by the conflict.
(b) The Secretary of Defense, in coordination with the
Secretary of State, may waive the restriction in subsection
(a) on a case-by-case basis by certifying in writing to the
congressional defense committees that it is in the national
security interest to do so: Provided, That if the Secretary
of Defense, in coordination with the Secretary of State,
exercises such waiver authority, the Secretaries shall report
to the congressional defense committees on both the
justification for the waiver and on the requirements of this
section that the Government of Pakistan was not able to meet:
Provided further, That such report may be submitted in
classified form if necessary.
(including transfer of funds)
Sec. 9018. In addition to amounts otherwise made available
in this Act, $250,000,000 is hereby appropriated to the
Department of Defense and made available for transfer only to
the operation and maintenance, military personnel, and
procurement accounts, to improve near-term intelligence,
surveillance, and reconnaissance capabilities and related
processing, exploitation, and dissemination functions of the
Department of Defense: Provided, That the transfer authority
provided in this section is in addition to any other transfer
authority provided elsewhere in this Act: Provided further,
That not later than 30 days prior to exercising the transfer
authority provided in this section, the Secretary of Defense
shall submit a report to the congressional defense committees
on the proposed uses of these funds: Provided further, That
the funds provided in this section may not be transferred to
any program, project, or activity specifically limited or
denied by this Act: Provided further, That such funds may
not be obligated for new start efforts: Provided further,
That amounts made available by this section are designated by
the Congress for Overseas Contingency Operations/Global War
on Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985:
Provided further, That the authority to provide funding under
this section shall terminate on September 30, 2020.
Sec. 9019. None of the funds made available by this Act
may be used with respect to Syria in contravention of the War
Powers Resolution (50 U.S.C. 1541 et seq.), including for the
introduction of United States armed or military forces into
hostilities in Syria, into situations in Syria where imminent
involvement in hostilities is clearly indicated by the
circumstances, or into Syrian territory, airspace, or waters
while equipped for combat, in contravention of the
congressional consultation and reporting requirements of
sections 3 and 4 of that law (50 U.S.C. 1542 and 1543).
Sec. 9020. None of the funds in this Act may be made
available for the transfer of additional C-130 cargo aircraft
to the Afghanistan National Security Forces or the
Afghanistan Air Force until the Department of Defense
provides a report to the congressional defense committees of
the Afghanistan Air Force's medium airlift requirements. The
report should identify Afghanistan's ability to utilize and
maintain existing medium lift aircraft in the inventory and
the best alternative platform, if necessary, to provide
additional support to the Afghanistan Air Force's current
medium airlift capacity.
Sec. 9021. Funds available for the Afghanistan Security
Forces Fund may be used to provide limited training,
equipment, and other assistance that would otherwise be
prohibited by 10 U.S.C. 362 to a unit of the security forces
of Afghanistan only if the Secretary certifies to the
congressional defense committees, within 30 days of a
decision to provide such assistance, that (1) a denial of
such assistance would present significant risk to U.S. or
coalition forces or significantly undermine United States
national security objectives in Afghanistan; and (2) the
Secretary has sought a commitment by the Government of
Afghanistan to take all necessary corrective steps:
Provided, That such certification shall be accompanied by a
report describing: (1) the information relating to the gross
violation of human rights; (2) the circumstances that
necessitated the provision of such assistance; (3) the Afghan
security force unit involved; (4) the assistance provided and
the assistance withheld; and (5) the corrective steps to be
taken by the Government of Afghanistan: Provided further,
That every 120 days after the initial report an additional
report shall be submitted detailing the status of any
corrective steps taken by the Government of Afghanistan:
Provided further, That if the Government of Afghanistan has
not initiated necessary corrective steps within one year of
the certification, the authority under this section to
[[Page H10336]]
provide assistance to such unit shall no longer apply:
Provided further, That the Secretary shall submit a report to
such committees detailing the final disposition of the case
by the Government of Afghanistan.
Sec. 9022. None of the funds made available by this Act
may be made available for any member of the Taliban except to
support a reconciliation activity that includes the
participation of members of the Government of Afghanistan,
does not restrict the participation of women, and is
authorized by section 1218 of the National Defense
Authorization Act for Fiscal Year 2020.
(rescissions)
Sec. 9023. Of the funds appropriated in Department of
Defense Appropriations Acts, the following funds are hereby
rescinded from the following accounts and programs in the
specified amounts: Provided, That such amounts are
designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985:
``Weapons and Tracked Combat Vehicles, Army'', 2018/2020,
$30,000,000;
``Aircraft Procurement, Air Force'', 2018/2020,
$32,300,000;
``Operation and Maintenance, Defense-Wide: DSCA Security
Cooperation'', 2019/2020, $55,000,000;
``Operation and Maintenance, Defense-Wide: Coalition
Support Fund'', 2019/2020, $30,000,000;
``Afghanistan Security Forces Fund'', 2019/2020,
$396,000,000;
``Counter-ISIS Train and Equip Fund'', 2019/2020,
$450,000,000;
``Missile Procurement, Army'', 2019/2021, $13,176,000;
``Weapons and Tracked Combat Vehicles, Army'', 2019/2021,
$52,477,000;
``Other Procurement, Army'', 2019/2021, $8,750,000;
``Procurement of Ammunition, Navy and Marine Corps'', 2019/
2021, $16,574,000;
``Aircraft Procurement, Air Force'', 2019/2021,
$24,713,000; and
``Missile Procurement, Air Force'', 2019/2021, $25,752,000.
Sec. 9024. Nothing in this Act may be construed as
authorizing the use of force against Iran.
TITLE X
NATURAL DISASTER RELIEF
OPERATION AND MAINTENANCE
Operation and Maintenance, Navy
For an additional amount for ``Operation and Maintenance,
Navy'', $427,000,000, for necessary expenses related to the
consequences of Hurricanes Michael and Florence and flooding
and earthquakes occurring in fiscal year 2019: Provided,
That such amount is designated by the Congress as being for
an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of
1985.
Operation and Maintenance, Marine Corps
For an additional amount for ``Operation and Maintenance,
Marine Corps'', $394,000,000, for necessary expenses related
to the consequences of Hurricanes Michael and Florence and
flooding and earthquakes occurring in fiscal year 2019:
Provided, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Operation and Maintenance, Air Force
For an additional amount for ``Operation and Maintenance,
Air Force'', $110,000,000, for necessary expenses related to
the consequences of Hurricanes Michael and Florence and
flooding and earthquakes occurring in fiscal year 2019:
Provided, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Operation and Maintenance, Army National Guard
For an additional amount for ``Operation and Maintenance,
Army National Guard'', $45,700,000, for necessary expenses
related to the consequences of Hurricanes Michael and
Florence and flooding and earthquakes occurring in fiscal
year 2019: Provided, That such amount is designated by the
Congress as being for an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
PROCUREMENT
Other Procurement, Navy
For an additional amount for ``Other Procurement, Navy''
$75,015,000, for necessary expenses related to the
consequences of Hurricanes Michael and Florence and flooding
and earthquakes occurring in fiscal year 2019: Provided,
That such amount is designated by the Congress as being for
an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of
1985.
Procurement, Marine Corps
For an additional amount for ``Procurement, Marine Corps''
$73,323,000, for necessary expenses related to the
consequences of Hurricanes Michael and Florence and flooding
and earthquakes occurring in fiscal year 2019: Provided,
That such amount is designated by the Congress as being for
an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of
1985.
Aircraft Procurement, Air Force
For an additional amount for ``Aircraft Procurement, Air
Force'' $204,448,000, for necessary expenses related to the
consequences of Hurricanes Michael and Florence and flooding
and earthquakes occurring in fiscal year 2019: Provided,
That such amount is designated by the Congress as being for
an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of
1985.
Other Procurement, Air Force
For an additional amount for ``Other Procurement, Air
Force'' $77,974,000, for necessary expenses related to the
consequences of Hurricanes Michael and Florence and flooding
and earthquakes occurring in fiscal year 2019: Provided,
That such amount is designated by the Congress as being for
an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of
1985.
Research, Development, Test and Evaluation, Navy
For an additional amount for ``Research, Development, Test
and Evaluation, Navy'' $130,444,000, for necessary expenses
related to the consequences of Hurricanes Michael and
Florence and flooding and earthquakes occurring in fiscal
year 2019: Provided, That such amount is designated by the
Congress as being for an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For an additional amount for ``Defense Working Capital
Funds'' for the Navy Working Capital Fund, $233,500,000, for
necessary expenses related to the consequences of Hurricanes
Michael and Florence and flooding and earthquakes occurring
in fiscal year 2019: Provided, That such amount is
designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
GENERAL PROVISION--THIS TITLE
Sec. 10001. Notwithstanding any other provision of law,
funds made available under each heading in this title shall
only be used for the purposes specifically described under
that heading.
This division may be cited as the ``Department of Defense
Appropriations Act, 2020''.
DIVISION B--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
APPROPRIATIONS ACT, 2020
TITLE I
DEPARTMENT OF COMMERCE
International Trade Administration
operations and administration
For necessary expenses for international trade activities
of the Department of Commerce provided for by law, to carry
out activities associated with facilitating, attracting, and
retaining business investment in the United States, and for
engaging in trade promotional activities abroad, including
expenses of grants and cooperative agreements for the purpose
of promoting exports of United States firms, without regard
to sections 3702 and 3703 of title 44, United States Code;
full medical coverage for dependent members of immediate
families of employees stationed overseas and employees
temporarily posted overseas; travel and transportation of
employees of the International Trade Administration between
two points abroad, without regard to section 40118 of title
49, United States Code; employment of citizens of the United
States and aliens by contract for services; rental of space
abroad for periods not exceeding 10 years, and expenses of
alteration, repair, or improvement; purchase or construction
of temporary demountable exhibition structures for use
abroad; payment of tort claims, in the manner authorized in
the first paragraph of section 2672 of title 28, United
States Code, when such claims arise in foreign countries; not
to exceed $294,300 for official representation expenses
abroad; purchase of passenger motor vehicles for official use
abroad, not to exceed $45,000 per vehicle; obtaining
insurance on official motor vehicles; and rental of tie
lines, $521,250,000, of which $70,000,000 shall remain
available until September 30, 2021: Provided, That
$11,000,000 is to be derived from fees to be retained and
used by the International Trade Administration,
notwithstanding section 3302 of title 31, United States Code:
Provided further, That, of amounts provided under this
heading, not less than $16,400,000 shall be for China
antidumping and countervailing duty enforcement and
compliance activities: Provided further, That the provisions
of the first sentence of section 105(f) and all of section
108(c) of the Mutual Educational and Cultural Exchange Act of
1961 (22 U.S.C. 2455(f) and 2458(c)) shall apply in carrying
out these activities; and that for the purpose of this Act,
contributions under the provisions of the Mutual Educational
and Cultural Exchange Act of 1961 shall include payment for
assessments for services provided as part of these
activities.
Bureau of Industry and Security
operations and administration
For necessary expenses for export administration and
national security activities of the Department of Commerce,
including
[[Page H10337]]
costs associated with the performance of export
administration field activities both domestically and abroad;
full medical coverage for dependent members of immediate
families of employees stationed overseas; employment of
citizens of the United States and aliens by contract for
services abroad; payment of tort claims, in the manner
authorized in the first paragraph of section 2672 of title
28, United States Code, when such claims arise in foreign
countries; not to exceed $13,500 for official representation
expenses abroad; awards of compensation to informers under
the Export Control Reform Act of 2018 (subtitle B of title
XVII of the John S. McCain National Defense Authorization Act
for Fiscal Year 2019; Public Law 115-232; 132 Stat. 2208; 50
U.S.C. 4801 et seq.), and as authorized by section 1(b) of
the Act of June 15, 1917 (40 Stat. 223; 22 U.S.C. 401(b));
and purchase of passenger motor vehicles for official use and
motor vehicles for law enforcement use with special
requirement vehicles eligible for purchase without regard to
any price limitation otherwise established by law,
$127,652,000, to remain available until expended: Provided,
That the provisions of the first sentence of section 105(f)
and all of section 108(c) of the Mutual Educational and
Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and 2458(c))
shall apply in carrying out these activities: Provided
further, That payments and contributions collected and
accepted for materials or services provided as part of such
activities may be retained for use in covering the cost of
such activities, and for providing information to the public
with respect to the export administration and national
security activities of the Department of Commerce and other
export control programs of the United States and other
governments.
Economic Development Administration
economic development assistance programs
For grants for economic development assistance as provided
by the Public Works and Economic Development Act of 1965, for
trade adjustment assistance, and for grants authorized by
sections 27 and 28 of the Stevenson-Wydler Technology
Innovation Act of 1980 (15 U.S.C. 3722 and 3723),
$292,500,000, to remain available until expended, of which
$33,000,000 shall be for grants under such section 27 and
$2,000,000 shall be for grants under such section 28.
salaries and expenses
For necessary expenses of administering the economic
development assistance programs as provided for by law,
$40,500,000: Provided, That these funds may be used to
monitor projects approved pursuant to title I of the Public
Works Employment Act of 1976, title II of the Trade Act of
1974, sections 27 and 28 of the Stevenson-Wydler Technology
Innovation Act of 1980 (15 U.S.C. 3722 and 3723), and the
Community Emergency Drought Relief Act of 1977.
Minority Business Development Agency
minority business development
For necessary expenses of the Department of Commerce in
fostering, promoting, and developing minority business
enterprises, including expenses of grants, contracts, and
other agreements with public or private organizations,
$42,000,000, of which not more than $15,500,000 shall be
available for overhead expenses, including salaries and
expenses, rent, utilities, and information technology
services.
Economic and Statistical Analysis
salaries and expenses
For necessary expenses, as authorized by law, of economic
and statistical analysis programs of the Department of
Commerce, $107,990,000, to remain available until September
30, 2021.
Bureau of the Census
current surveys and programs
For necessary expenses for collecting, compiling,
analyzing, preparing, and publishing statistics, provided for
by law, $274,000,000: Provided, That, from amounts provided
herein, funds may be used for promotion, outreach, and
marketing activities.
periodic censuses and programs
(including transfer of funds)
For necessary expenses for collecting, compiling,
analyzing, preparing, and publishing statistics for periodic
censuses and programs provided for by law, $7,284,319,000, to
remain available until September 30, 2021: Provided, That,
from amounts provided herein, funds may be used for
promotion, outreach, and marketing activities: Provided
further, That within the amounts appropriated, $3,556,000
shall be transferred to the ``Office of Inspector General''
account for activities associated with carrying out
investigations and audits related to the Bureau of the
Census: Provided further, That of the amount provided under
this heading, $2,500,000,000 is designated by the Congress as
being for the 2020 Census pursuant to section 251(b)(2)(G) of
the Balanced Budget and Emergency Deficit Control Act of
1985.
National Telecommunications and Information Administration
salaries and expenses
For necessary expenses, as provided for by law, of the
National Telecommunications and Information Administration
(NTIA), $40,441,000, to remain available until September 30,
2021: Provided, That, notwithstanding 31 U.S.C. 1535(d), the
Secretary of Commerce shall charge Federal agencies for costs
incurred in spectrum management, analysis, operations, and
related services, and such fees shall be retained and used as
offsetting collections for costs of such spectrum services,
to remain available until expended: Provided further, That
the Secretary of Commerce is authorized to retain and use as
offsetting collections all funds transferred, or previously
transferred, from other Government agencies for all costs
incurred in telecommunications research, engineering, and
related activities by the Institute for Telecommunication
Sciences of NTIA, in furtherance of its assigned functions
under this paragraph, and such funds received from other
Government agencies shall remain available until expended.
public telecommunications facilities, planning and construction
For the administration of prior-year grants, recoveries and
unobligated balances of funds previously appropriated are
available for the administration of all open grants until
their expiration.
United States Patent and Trademark Office
salaries and expenses
(including transfers of funds)
For necessary expenses of the United States Patent and
Trademark Office (USPTO) provided for by law, including
defense of suits instituted against the Under Secretary of
Commerce for Intellectual Property and Director of the USPTO,
$3,450,681,000, to remain available until expended:
Provided, That the sum herein appropriated from the general
fund shall be reduced as offsetting collections of fees and
surcharges assessed and collected by the USPTO under any law
are received during fiscal year 2020, so as to result in a
fiscal year 2020 appropriation from the general fund
estimated at $0: Provided further, That during fiscal year
2020, should the total amount of such offsetting collections
be less than $3,450,681,000, this amount shall be reduced
accordingly: Provided further, That any amount received in
excess of $3,450,681,000 in fiscal year 2020 and deposited in
the Patent and Trademark Fee Reserve Fund shall remain
available until expended: Provided further, That the
Director of USPTO shall submit a spending plan to the
Committees on Appropriations of the House of Representatives
and the Senate for any amounts made available by the
preceding proviso and such spending plan shall be treated as
a reprogramming under section 505 of this Act and shall not
be available for obligation or expenditure except in
compliance with the procedures set forth in that section:
Provided further, That any amounts reprogrammed in accordance
with the preceding proviso shall be transferred to the United
States Patent and Trademark Office ``Salaries and Expenses''
account: Provided further, That from amounts provided
herein, not to exceed $900 shall be made available in fiscal
year 2020 for official reception and representation expenses:
Provided further, That in fiscal year 2020 from the amounts
made available for ``Salaries and Expenses'' for the USPTO,
the amounts necessary to pay (1) the difference between the
percentage of basic pay contributed by the USPTO and
employees under section 8334(a) of title 5, United States
Code, and the normal cost percentage (as defined by section
8331(17) of that title) as provided by the Office of
Personnel Management (OPM) for USPTO's specific use, of basic
pay, of employees subject to subchapter III of chapter 83 of
that title, and (2) the present value of the otherwise
unfunded accruing costs, as determined by OPM for USPTO's
specific use of post-retirement life insurance and post-
retirement health benefits coverage for all USPTO employees
who are enrolled in Federal Employees Health Benefits (FEHB)
and Federal Employees Group Life Insurance (FEGLI), shall be
transferred to the Civil Service Retirement and Disability
Fund, the FEGLI Fund, and the Employees FEHB Fund, as
appropriate, and shall be available for the authorized
purposes of those accounts: Provided further, That any
differences between the present value factors published in
OPM's yearly 300 series benefit letters and the factors that
OPM provides for USPTO's specific use shall be recognized as
an imputed cost on USPTO's financial statements, where
applicable: Provided further, That, notwithstanding any
other provision of law, all fees and surcharges assessed and
collected by USPTO are available for USPTO only pursuant to
section 42(c) of title 35, United States Code, as amended by
section 22 of the Leahy-Smith America Invents Act (Public Law
112-29): Provided further, That within the amounts
appropriated, $2,000,000 shall be transferred to the ``Office
of Inspector General'' account for activities associated with
carrying out investigations and audits related to the USPTO.
National Institute of Standards and Technology
scientific and technical research and services
(including transfer of funds)
For necessary expenses of the National Institute of
Standards and Technology (NIST), $754,000,000, to remain
available until expended, of which not to exceed $9,000,000
may be transferred to the ``Working Capital Fund'':
Provided, That not to exceed $5,000 shall be for official
reception and representation expenses: Provided further,
That NIST may provide local transportation for summer
undergraduate research fellowship program participants.
[[Page H10338]]
industrial technology services
For necessary expenses for industrial technology services,
$162,000,000, to remain available until expended, of which
$146,000,000 shall be for the Hollings Manufacturing
Extension Partnership, and of which $16,000,000 shall be for
the National Network for Manufacturing Innovation (also known
as ``Manufacturing USA'').
construction of research facilities
For construction of new research facilities, including
architectural and engineering design, and for renovation and
maintenance of existing facilities, not otherwise provided
for the National Institute of Standards and Technology, as
authorized by sections 13 through 15 of the National
Institute of Standards and Technology Act (15 U.S.C. 278c-
278e), $118,000,000, to remain available until expended:
Provided, That the Secretary of Commerce shall include in the
budget justification materials that the Secretary submits to
Congress in support of the Department of Commerce budget (as
submitted with the budget of the President under section
1105(a) of title 31, United States Code) an estimate for each
National Institute of Standards and Technology construction
project having a total multi-year program cost of more than
$5,000,000, and simultaneously the budget justification
materials shall include an estimate of the budgetary
requirements for each such project for each of the 5
subsequent fiscal years.
National Oceanic and Atmospheric Administration
operations, research, and facilities
(including transfer of funds)
For necessary expenses of activities authorized by law for
the National Oceanic and Atmospheric Administration,
including maintenance, operation, and hire of aircraft and
vessels; pilot programs for state-led fisheries management,
notwithstanding any other provision of law; grants,
contracts, or other payments to nonprofit organizations for
the purposes of conducting activities pursuant to cooperative
agreements; and relocation of facilities, $3,763,939,000, to
remain available until September 30, 2021: Provided, That
fees and donations received by the National Ocean Service for
the management of national marine sanctuaries may be retained
and used for the salaries and expenses associated with those
activities, notwithstanding section 3302 of title 31, United
States Code: Provided further, That in addition,
$174,774,000 shall be derived by transfer from the fund
entitled ``Promote and Develop Fishery Products and Research
Pertaining to American Fisheries'', which shall only be used
for fishery activities related to the Saltonstall-Kennedy
Grant Program; Fisheries Data Collections, Surveys and
Assessments; and Interjurisdictional Fisheries Grants:
Provided further, That not to exceed $62,070,000 shall be for
payment to the Department of Commerce Working Capital Fund:
Provided further, That of the $3,956,213,000 provided for in
direct obligations under this heading, $3,763,939,000 is
appropriated from the general fund, $174,774,000 is provided
by transfer, and $17,500,000 is derived from recoveries of
prior year obligations: Provided further, That any deviation
from the amounts designated for specific activities in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act), or any use of
deobligated balances of funds provided under this heading in
previous years, shall be subject to the procedures set forth
in section 505 of this Act: Provided further, That in
addition, for necessary retired pay expenses under the
Retired Serviceman's Family Protection and Survivor Benefits
Plan, and for payments for the medical care of retired
personnel and their dependents under the Dependents' Medical
Care Act (10 U.S.C. ch. 55), such sums as may be necessary:
Provided further, That the Administrator of the National
Oceanic and Atmospheric Administration submit to Congress a
report on existing supercomputing capacity and needs of the
Administration and on the incremental improvement to
operational weather forecasts that would result from a
significant investment in additional compute capacity.
procurement, acquisition and construction
(including transfer of funds)
For procurement, acquisition and construction of capital
assets, including alteration and modification costs, of the
National Oceanic and Atmospheric Administration,
$1,530,890,000, to remain available until September 30, 2022,
except that funds provided for acquisition and construction
of vessels and construction of facilities shall remain
available until expended: Provided, That of the
$1,543,890,000 provided for in direct obligations under this
heading, $1,530,890,000 is appropriated from the general fund
and $13,000,000 is provided from recoveries of prior year
obligations: Provided further, That any deviation from the
amounts designated for specific activities in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act), or any use of
deobligated balances of funds provided under this heading in
previous years, shall be subject to the procedures set forth
in section 505 of this Act: Provided further, That the
Secretary of Commerce shall include in budget justification
materials that the Secretary submits to Congress in support
of the Department of Commerce budget (as submitted with the
budget of the President under section 1105(a) of title 31,
United States Code) an estimate for each National Oceanic and
Atmospheric Administration procurement, acquisition or
construction project having a total of more than $5,000,000
and simultaneously the budget justification shall include an
estimate of the budgetary requirements for each such project
for each of the 5 subsequent fiscal years: Provided further,
That, within the amounts appropriated, $1,302,000 shall be
transferred to the ``Office of Inspector General'' account
for activities associated with carrying out investigations
and audits related to satellite procurement, acquisition and
construction.
pacific coastal salmon recovery
For necessary expenses associated with the restoration of
Pacific salmon populations, $65,000,000, to remain available
until September 30, 2021: Provided, That, of the funds
provided herein, the Secretary of Commerce may issue grants
to the States of Washington, Oregon, Idaho, Nevada,
California, and Alaska, and to the Federally recognized
tribes of the Columbia River and Pacific Coast (including
Alaska), for projects necessary for conservation of salmon
and steelhead populations that are listed as threatened or
endangered, or that are identified by a State as at-risk to
be so listed, for maintaining populations necessary for
exercise of tribal treaty fishing rights or native
subsistence fishing, or for conservation of Pacific coastal
salmon and steelhead habitat, based on guidelines to be
developed by the Secretary of Commerce: Provided further,
That all funds shall be allocated based on scientific and
other merit principles and shall not be available for
marketing activities: Provided further, That funds disbursed
to States shall be subject to a matching requirement of funds
or documented in-kind contributions of at least 33 percent of
the Federal funds.
fishermen's contingency fund
For carrying out the provisions of title IV of Public Law
95-372, not to exceed $349,000, to be derived from receipts
collected pursuant to that Act, to remain available until
expended.
fisheries finance program account
Subject to section 502 of the Congressional Budget Act of
1974, during fiscal year 2020, obligations of direct loans
may not exceed $24,000,000 for Individual Fishing Quota loans
and not to exceed $100,000,000 for traditional direct loans
as authorized by the Merchant Marine Act of 1936.
Departmental Management
salaries and expenses
For necessary expenses for the management of the Department
of Commerce provided for by law, including not to exceed
$4,500 for official reception and representation,
$61,000,000: Provided, That no employee of the Department of
Commerce may be detailed or assigned from a bureau or office
funded by this Act or any other Act to offices within the
Office of the Secretary of the Department of Commerce for
more than 30 days in a fiscal year unless the individual's
employing bureau or office is fully reimbursed for the salary
and expenses of the employee for the entire period of
assignment using funds provided under this heading: Provided
further, That of the funds provided under this heading,
$15,000,000 shall be withheld from obligation until the
Secretary updates and resubmits to the Committees on
Appropriations of the House of Representatives and the Senate
the plan for expenditure described in the third proviso under
the heading ``Bureau of the Census--Periodic Censuses and
Programs'' in division C of Public Law 116-6.
renovation and modernization
For necessary expenses for the renovation and modernization
of the Herbert C. Hoover Building, $1,000,000, to remain
available until expended.
office of inspector general
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978 (5 U.S.C. App.), $35,000,000: Provided, That
notwithstanding section 6413(b) of the Middle Class Tax
Relief and Job Creation Act of 2012 (Public Law 112-96),
$2,000,000, to remain available until expended, from the
amounts provided under this heading, shall be derived from
the Public Safety Trust Fund for activities associated with
carrying out investigations and audits related to the First
Responder Network Authority (FirstNet).
General Provisions--Department of Commerce
(including transfer of funds)
Sec. 101. During the current fiscal year, applicable
appropriations and funds made available to the Department of
Commerce by this Act shall be available for the activities
specified in the Act of October 26, 1949 (15 U.S.C. 1514), to
the extent and in the manner prescribed by the Act, and,
notwithstanding 31 U.S.C. 3324, may be used for advanced
payments not otherwise authorized only upon the certification
of officials designated by the Secretary of Commerce that
such payments are in the public interest.
Sec. 102. During the current fiscal year, appropriations
made available to the Department of Commerce by this Act for
salaries and expenses shall be available for hire of
passenger motor vehicles as authorized by 31 U.S.C. 1343 and
1344; services as authorized by 5 U.S.C. 3109; and uniforms
or allowances therefor, as authorized by law (5 U.S.C. 5901-
5902).
[[Page H10339]]
Sec. 103. Not to exceed 5 percent of any appropriation
made available for the current fiscal year for the Department
of Commerce in this Act may be transferred between such
appropriations, but no such appropriation shall be increased
by more than 10 percent by any such transfers: Provided,
That any transfer pursuant to this section shall be treated
as a reprogramming of funds under section 505 of this Act and
shall not be available for obligation or expenditure except
in compliance with the procedures set forth in that section:
Provided further, That the Secretary of Commerce shall notify
the Committees on Appropriations at least 15 days in advance
of the acquisition or disposal of any capital asset
(including land, structures, and equipment) not specifically
provided for in this Act or any other law appropriating funds
for the Department of Commerce.
Sec. 104. The requirements set forth by section 105 of the
Commerce, Justice, Science, and Related Agencies
Appropriations Act, 2012 (Public Law 112-55), as amended by
section 105 of title I of division B of Public Law 113-6, are
hereby adopted by reference and made applicable with respect
to fiscal year 2020: Provided, That the life cycle cost for
the Joint Polar Satellite System is $11,322,125,000 and the
life cycle cost for the Geostationary Operational
Environmental Satellite R-Series Program is $10,828,059,000.
Sec. 105. Notwithstanding any other provision of law, the
Secretary may furnish services (including but not limited to
utilities, telecommunications, and security services)
necessary to support the operation, maintenance, and
improvement of space that persons, firms, or organizations
are authorized, pursuant to the Public Buildings Cooperative
Use Act of 1976 or other authority, to use or occupy in the
Herbert C. Hoover Building, Washington, DC, or other
buildings, the maintenance, operation, and protection of
which has been delegated to the Secretary from the
Administrator of General Services pursuant to the Federal
Property and Administrative Services Act of 1949 on a
reimbursable or non-reimbursable basis. Amounts received as
reimbursement for services provided under this section or the
authority under which the use or occupancy of the space is
authorized, up to $200,000, shall be credited to the
appropriation or fund which initially bears the costs of such
services.
Sec. 106. Nothing in this title shall be construed to
prevent a grant recipient from deterring child pornography,
copyright infringement, or any other unlawful activity over
its networks.
Sec. 107. The Administrator of the National Oceanic and
Atmospheric Administration is authorized to use, with their
consent, with reimbursement and subject to the limits of
available appropriations, the land, services, equipment,
personnel, and facilities of any department, agency, or
instrumentality of the United States, or of any State, local
government, Indian tribal government, Territory, or
possession, or of any political subdivision thereof, or of
any foreign government or international organization, for
purposes related to carrying out the responsibilities of any
statute administered by the National Oceanic and Atmospheric
Administration.
Sec. 108. The National Technical Information Service shall
not charge any customer for a copy of any report or document
generated by the Legislative Branch unless the Service has
provided information to the customer on how an electronic
copy of such report or document may be accessed and
downloaded for free online. Should a customer still require
the Service to provide a printed or digital copy of the
report or document, the charge shall be limited to recovering
the Service's cost of processing, reproducing, and delivering
such report or document.
Sec. 109. To carry out the responsibilities of the
National Oceanic and Atmospheric Administration (NOAA), the
Administrator of NOAA is authorized to: (1) enter into grants
and cooperative agreements with; (2) use on a non-
reimbursable basis land, services, equipment, personnel, and
facilities provided by; and (3) receive and expend funds made
available on a consensual basis from: a Federal agency, State
or subdivision thereof, local government, tribal government,
territory, or possession or any subdivisions thereof:
Provided, That funds received for permitting and related
regulatory activities pursuant to this section shall be
deposited under the heading ``National Oceanic and
Atmospheric Administration--Operations, Research, and
Facilities'' and shall remain available until September 30,
2022, for such purposes: Provided further, That all funds
within this section and their corresponding uses are subject
to section 505 of this Act.
Sec. 110. Amounts provided by this Act or by any prior
appropriations Act that remain available for obligation, for
necessary expenses of the programs of the Economics and
Statistics Administration of the Department of Commerce,
including amounts provided for programs of the Bureau of
Economic Analysis and the Bureau of the Census, shall be
available for expenses of cooperative agreements with
appropriate entities, including any Federal, State, or local
governmental unit, or institution of higher education, to aid
and promote statistical, research, and methodology activities
which further the purposes for which such amounts have been
made available.
Sec. 111. (a) There is hereby established in the Treasury
of the United States a fund to be known as the ``Department
of Commerce Nonrecurring Expenses Fund'' (the Fund):
Provided, That unobligated balances of expired discretionary
funds appropriated for this or any succeeding fiscal year
from the General Fund of the Treasury to the Department of
Commerce by this or any other Act may be transferred (not
later than the end of the fifth fiscal year after the last
fiscal year for which such funds are available for the
purposes for which appropriated) into the Fund: Provided
further, That amounts deposited in the Fund shall be
available until expended, and in addition to such other funds
as may be available for such purposes, for information and
business technology system modernization and facilities
infrastructure improvements necessary for the operation of
the Department, subject to approval by the Office of
Management and Budget: Provided further, That amounts in the
Fund may be obligated only after the Committees on
Appropriations of the House of Representatives and the Senate
are notified at least 15 days in advance of the planned use
of funds.
(b) In addition to amounts otherwise made available by this
Act, there is appropriated $20,000,000, to remain available
until September 30, 2022, to the Fund for necessary expenses
for a business application system modernization.
Sec. 112. Not later than thirty days after the date of the
enactment of this Act, using amounts appropriated or
otherwise made available in this title for the Bureau of
Industry and Security for operations and administration, the
Secretary of Commerce shall--
(1) publish in the Federal Register the report on the
findings of the investigation into the effect on national
security of imports of automobiles and automotive parts that
the Secretary initiated on May 23, 2018, under section 232(b)
of the Trade Expansion Act of 1962 (19 U.S.C. 1862(b)), as
required under paragraph (3)(B) of that section; and
(2) submit to Congress any portion of the report that
contains classified information, which may be viewed only by
Members of Congress and their staff with appropriate security
clearances.
This title may be cited as the ``Department of Commerce
Appropriations Act, 2020''.
TITLE II
DEPARTMENT OF JUSTICE
General Administration
salaries and expenses
For expenses necessary for the administration of the
Department of Justice, $114,740,000, of which not to exceed
$4,000,000 for security and construction of Department of
Justice facilities shall remain available until expended.
justice information sharing technology
(including transfer of funds)
For necessary expenses for information sharing technology,
including planning, development, deployment and departmental
direction, $33,875,000, to remain available until expended:
Provided, That the Attorney General may transfer up to
$40,000,000 to this account, from funds available to the
Department of Justice for information technology, to remain
available until expended, for enterprise-wide information
technology initiatives: Provided further, That the transfer
authority in the preceding proviso is in addition to any
other transfer authority contained in this Act: Provided
further, That any transfer pursuant to the first proviso
shall be treated as a reprogramming under section 505 of this
Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that
section.
Executive Office for Immigration Review
(including transfer of funds)
For expenses necessary for the administration of
immigration-related activities of the Executive Office for
Immigration Review, $672,966,000, of which $4,000,000 shall
be derived by transfer from the Executive Office for
Immigration Review fees deposited in the ``Immigration
Examinations Fee'' account, and of which not less than
$18,000,000 shall be available for services and activities
provided by the Legal Orientation Program: Provided, That
not to exceed $35,000,000 of the total amount made available
under this heading shall remain available until expended.
Office of Inspector General
For necessary expenses of the Office of Inspector General,
$105,000,000, including not to exceed $10,000 to meet
unforeseen emergencies of a confidential character:
Provided, That not to exceed $2,000,000 shall remain
available until September 30, 2021.
United States Parole Commission
salaries and expenses
For necessary expenses of the United States Parole
Commission as authorized, $13,308,000: Provided, That,
notwithstanding any other provision of law, upon the
expiration of a term of office of a Commissioner, the
Commissioner may continue to act until a successor has been
appointed.
Legal Activities
salaries and expenses, general legal activities
For expenses necessary for the legal activities of the
Department of Justice, not otherwise provided for, including
not to exceed $20,000 for expenses of collecting evidence, to
be expended under the direction of, and to be accounted for
solely under the certificate of, the Attorney General; the
administration of pardon and clemency petitions; and rent of
private or Government-owned space in the District of
Columbia, $920,000,000, of which
[[Page H10340]]
not to exceed $20,000,000 for litigation support contracts
shall remain available until expended: Provided, That of the
amount provided for INTERPOL Washington dues payments, not to
exceed $685,000 shall remain available until expended:
Provided further, That of the total amount appropriated, not
to exceed $9,000 shall be available to INTERPOL Washington
for official reception and representation expenses: Provided
further, That notwithstanding section 205 of this Act, upon a
determination by the Attorney General that emergent
circumstances require additional funding for litigation
activities of the Civil Division, the Attorney General may
transfer such amounts to ``Salaries and Expenses, General
Legal Activities'' from available appropriations for the
current fiscal year for the Department of Justice, as may be
necessary to respond to such circumstances: Provided
further, That any transfer pursuant to the preceding proviso
shall be treated as a reprogramming under section 505 of this
Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that
section: Provided further, That of the amount appropriated,
such sums as may be necessary shall be available to the Civil
Rights Division for salaries and expenses associated with the
election monitoring program under section 8 of the Voting
Rights Act of 1965 (52 U.S.C. 10305) and to reimburse the
Office of Personnel Management for such salaries and
expenses: Provided further, That of the amounts provided
under this heading for the election monitoring program,
$3,390,000 shall remain available until expended: Provided
further, That of the amount appropriated, not less than
$193,715,000 shall be available for the Criminal Division,
including related expenses for the Mutual Legal Assistance
Treaty Program.
In addition, for reimbursement of expenses of the
Department of Justice associated with processing cases under
the National Childhood Vaccine Injury Act of 1986, not to
exceed $13,000,000, to be appropriated from the Vaccine
Injury Compensation Trust Fund.
salaries and expenses, antitrust division
For expenses necessary for the enforcement of antitrust and
kindred laws, $166,755,000, to remain available until
expended: Provided, That notwithstanding any other provision
of law, fees collected for premerger notification filings
under the Hart-Scott-Rodino Antitrust Improvements Act of
1976 (15 U.S.C. 18a), regardless of the year of collection
(and estimated to be $141,000,000 in fiscal year 2020), shall
be retained and used for necessary expenses in this
appropriation, and shall remain available until expended:
Provided further, That the sum herein appropriated from the
general fund shall be reduced as such offsetting collections
are received during fiscal year 2020, so as to result in a
final fiscal year 2020 appropriation from the general fund
estimated at $25,755,000.
salaries and expenses, united states attorneys
For necessary expenses of the Offices of the United States
Attorneys, including inter-governmental and cooperative
agreements, $2,254,541,000: Provided, That of the total
amount appropriated, not to exceed $7,200 shall be available
for official reception and representation expenses: Provided
further, That not to exceed $25,000,000 shall remain
available until expended: Provided further, That each United
States Attorney shall establish or participate in a task
force on human trafficking.
united states trustee system fund
For necessary expenses of the United States Trustee
Program, as authorized, $227,229,000, to remain available
until expended: Provided, That, notwithstanding any other
provision of law, deposits to the United States Trustee
System Fund and amounts herein appropriated shall be
available in such amounts as may be necessary to pay refunds
due depositors: Provided further, That, notwithstanding any
other provision of law, fees deposited into the Fund pursuant
to section 589a(b) of title 28, United States Code (as
limited by section 1004(b) of the Bankruptcy Judgeship Act of
2017 (division B of Public Law 115-72)), shall be retained
and used for necessary expenses in this appropriation and
shall remain available until expended: Provided further,
That to the extent that fees deposited into the Fund in
fiscal year 2020, net of amounts necessary to pay refunds due
depositors, exceed $227,229,000, those excess amounts shall
be available in future fiscal years only to the extent
provided in advance in appropriations Acts: Provided
further, That the sum herein appropriated from the general
fund shall be reduced (1) as such fees are received during
fiscal year 2020, net of amounts necessary to pay refunds due
depositors, (estimated at $309,000,000) and (2) to the extent
that any remaining general fund appropriations can be derived
from amounts deposited in the Fund in previous fiscal years
that are not otherwise appropriated, so as to result in a
final fiscal year 2020 appropriation from the general fund
estimated at $0.
salaries and expenses, foreign claims settlement commission
For expenses necessary to carry out the activities of the
Foreign Claims Settlement Commission, including services as
authorized by section 3109 of title 5, United States Code,
$2,335,000.
fees and expenses of witnesses
For fees and expenses of witnesses, for expenses of
contracts for the procurement and supervision of expert
witnesses, for private counsel expenses, including advances,
and for expenses of foreign counsel, $270,000,000, to remain
available until expended, of which not to exceed $16,000,000
is for construction of buildings for protected witness
safesites; not to exceed $3,000,000 is for the purchase and
maintenance of armored and other vehicles for witness
security caravans; and not to exceed $18,000,000 is for the
purchase, installation, maintenance, and upgrade of secure
telecommunications equipment and a secure automated
information network to store and retrieve the identities and
locations of protected witnesses: Provided, That amounts
made available under this heading may not be transferred
pursuant to section 205 of this Act.
salaries and expenses, community relations service
(including transfer of funds)
For necessary expenses of the Community Relations Service,
$16,000,000: Provided, That notwithstanding section 205 of
this Act, upon a determination by the Attorney General that
emergent circumstances require additional funding for
conflict resolution and violence prevention activities of the
Community Relations Service, the Attorney General may
transfer such amounts to the Community Relations Service,
from available appropriations for the current fiscal year for
the Department of Justice, as may be necessary to respond to
such circumstances: Provided further, That any transfer
pursuant to the preceding proviso shall be treated as a
reprogramming under section 505 of this Act and shall not be
available for obligation or expenditure except in compliance
with the procedures set forth in that section.
assets forfeiture fund
For expenses authorized by subparagraphs (B), (F), and (G)
of section 524(c)(1) of title 28, United States Code,
$20,514,000, to be derived from the Department of Justice
Assets Forfeiture Fund.
United States Marshals Service
salaries and expenses
For necessary expenses of the United States Marshals
Service, $1,430,000,000, of which not to exceed $6,000 shall
be available for official reception and representation
expenses, and not to exceed $25,000,000 shall remain
available until expended.
construction
For construction in space controlled, occupied or utilized
by the United States Marshals Service for prisoner holding
and related support, $15,000,000, to remain available until
expended.
federal prisoner detention
For necessary expenses related to United States prisoners
in the custody of the United States Marshals Service as
authorized by section 4013 of title 18, United States Code,
$1,867,461,000, to remain available until expended:
Provided, That not to exceed $20,000,000 shall be considered
``funds appropriated for State and local law enforcement
assistance'' pursuant to section 4013(b) of title 18, United
States Code: Provided further, That the United States
Marshals Service shall be responsible for managing the
Justice Prisoner and Alien Transportation System.
National Security Division
salaries and expenses
(including transfer of funds)
For expenses necessary to carry out the activities of the
National Security Division, $110,000,000, of which not to
exceed $5,000,000 for information technology systems shall
remain available until expended: Provided, That
notwithstanding section 205 of this Act, upon a determination
by the Attorney General that emergent circumstances require
additional funding for the activities of the National
Security Division, the Attorney General may transfer such
amounts to this heading from available appropriations for the
current fiscal year for the Department of Justice, as may be
necessary to respond to such circumstances: Provided
further, That any transfer pursuant to the preceding proviso
shall be treated as a reprogramming under section 505 of this
Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that
section.
Interagency Law Enforcement
interagency crime and drug enforcement
For necessary expenses for the identification,
investigation, and prosecution of individuals associated with
the most significant drug trafficking organizations,
transnational organized crime, and money laundering
organizations not otherwise provided for, to include inter-
governmental agreements with State and local law enforcement
agencies engaged in the investigation and prosecution of
individuals involved in transnational organized crime and
drug trafficking, $550,458,000, of which $50,000,000 shall
remain available until expended: Provided, That any amounts
obligated from appropriations under this heading may be used
under authorities available to the organizations reimbursed
from this appropriation.
Federal Bureau of Investigation
salaries and expenses
For necessary expenses of the Federal Bureau of
Investigation for detection, investigation, and prosecution
of crimes against the United States, $9,467,902,000, of which
not to exceed $216,900,000 shall remain available until
expended: Provided, That not to exceed $284,000 shall be
available for official reception and representation expenses.
[[Page H10341]]
construction
For necessary expenses, to include the cost of equipment,
furniture, and information technology requirements, related
to construction or acquisition of buildings, facilities, and
sites by purchase, or as otherwise authorized by law;
conversion, modification, and extension of federally owned
buildings; preliminary planning and design of projects; and
operation and maintenance of secure work environment
facilities and secure networking capabilities; $485,000,000,
to remain available until expended.
Drug Enforcement Administration
salaries and expenses
For necessary expenses of the Drug Enforcement
Administration, including not to exceed $70,000 to meet
unforeseen emergencies of a confidential character pursuant
to section 530C of title 28, United States Code; and expenses
for conducting drug education and training programs,
including travel and related expenses for participants in
such programs and the distribution of items of token value
that promote the goals of such programs, $2,279,153,000, of
which not to exceed $75,000,000 shall remain available until
expended and not to exceed $90,000 shall be available for
official reception and representation expenses.
Bureau of Alcohol, Tobacco, Firearms and Explosives
salaries and expenses
For necessary expenses of the Bureau of Alcohol, Tobacco,
Firearms and Explosives, for training of State and local law
enforcement agencies with or without reimbursement, including
training in connection with the training and acquisition of
canines for explosives and fire accelerants detection; and
for provision of laboratory assistance to State and local law
enforcement agencies, with or without reimbursement,
$1,400,000,000, of which not to exceed $36,000 shall be for
official reception and representation expenses, not to exceed
$1,000,000 shall be available for the payment of attorneys'
fees as provided by section 924(d)(2) of title 18, United
States Code, and not to exceed $25,000,000 shall remain
available until expended: Provided, That none of the funds
appropriated herein shall be available to investigate or act
upon applications for relief from Federal firearms
disabilities under section 925(c) of title 18, United States
Code: Provided further, That such funds shall be available
to investigate and act upon applications filed by
corporations for relief from Federal firearms disabilities
under section 925(c) of title 18, United States Code:
Provided further, That no funds made available by this or any
other Act may be used to transfer the functions, missions, or
activities of the Bureau of Alcohol, Tobacco, Firearms and
Explosives to other agencies or Departments.
Federal Prison System
salaries and expenses
(including transfer of funds)
For necessary expenses of the Federal Prison System for the
administration, operation, and maintenance of Federal penal
and correctional institutions, and for the provision of
technical assistance and advice on corrections related issues
to foreign governments, $7,470,000,000 of which not less than
$75,000,000 shall be for the programs and activities
authorized by the First Step Act of 2018 (Public Law 115-
391): Provided, That the Attorney General may transfer to
the Department of Health and Human Services such amounts as
may be necessary for direct expenditures by that Department
for medical relief for inmates of Federal penal and
correctional institutions: Provided further, That the
Director of the Federal Prison System, where necessary, may
enter into contracts with a fiscal agent or fiscal
intermediary claims processor to determine the amounts
payable to persons who, on behalf of the Federal Prison
System, furnish health services to individuals committed to
the custody of the Federal Prison System: Provided further,
That not to exceed $5,400 shall be available for official
reception and representation expenses: Provided further,
That not to exceed $50,000,000 shall remain available until
expended for necessary operations: Provided further, That,
of the amounts provided for contract confinement, not to
exceed $20,000,000 shall remain available until expended to
make payments in advance for grants, contracts and
reimbursable agreements, and other expenses: Provided
further, That the Director of the Federal Prison System may
accept donated property and services relating to the
operation of the prison card program from a not-for-profit
entity which has operated such program in the past,
notwithstanding the fact that such not-for-profit entity
furnishes services under contracts to the Federal Prison
System relating to the operation of pre-release services,
halfway houses, or other custodial facilities.
buildings and facilities
For planning, acquisition of sites, and construction of new
facilities; purchase and acquisition of facilities and
remodeling, and equipping of such facilities for penal and
correctional use, including all necessary expenses incident
thereto, by contract or force account; and constructing,
remodeling, and equipping necessary buildings and facilities
at existing penal and correctional institutions, including
all necessary expenses incident thereto, by contract or force
account, $308,000,000, to remain available until expended, of
which $181,000,000 shall be available only for costs related
to construction of new facilities: Provided, That labor of
United States prisoners may be used for work performed under
this appropriation.
federal prison industries, incorporated
The Federal Prison Industries, Incorporated, is hereby
authorized to make such expenditures within the limits of
funds and borrowing authority available, and in accord with
the law, and to make such contracts and commitments without
regard to fiscal year limitations as provided by section 9104
of title 31, United States Code, as may be necessary in
carrying out the program set forth in the budget for the
current fiscal year for such corporation.
limitation on administrative expenses, federal prison industries,
incorporated
Not to exceed $2,700,000 of the funds of the Federal Prison
Industries, Incorporated, shall be available for its
administrative expenses, and for services as authorized by
section 3109 of title 5, United States Code, to be computed
on an accrual basis to be determined in accordance with the
corporation's current prescribed accounting system, and such
amounts shall be exclusive of depreciation, payment of
claims, and expenditures which such accounting system
requires to be capitalized or charged to cost of commodities
acquired or produced, including selling and shipping
expenses, and expenses in connection with acquisition,
construction, operation, maintenance, improvement,
protection, or disposition of facilities and other property
belonging to the corporation or in which it has an interest.
State and Local Law Enforcement Activities
Office on Violence Against Women
violence against women prevention and prosecution programs
(including transfer of funds)
For grants, contracts, cooperative agreements, and other
assistance for the prevention and prosecution of violence
against women, as authorized by the Omnibus Crime Control and
Safe Streets Act of 1968 (34 U.S.C. 10101 et seq.) (``the
1968 Act''); the Violent Crime Control and Law Enforcement
Act of 1994 (Public Law 103-322) (``the 1994 Act''); the
Victims of Child Abuse Act of 1990 (Public Law 101-647)
(``the 1990 Act''); the Prosecutorial Remedies and Other
Tools to end the Exploitation of Children Today Act of 2003
(Public Law 108-21); the Juvenile Justice and Delinquency
Prevention Act of 1974 (34 U.S.C. 11101 et seq.) (``the 1974
Act''); the Victims of Trafficking and Violence Protection
Act of 2000 (Public Law 106-386) (``the 2000 Act''); the
Violence Against Women and Department of Justice
Reauthorization Act of 2005 (Public Law 109-162) (``the 2005
Act''); the Violence Against Women Reauthorization Act of
2013 (Public Law 113-4) (``the 2013 Act''); the Rape Survivor
Child Custody Act of 2015 (Public Law 114-22) (``the 2015
Act''); and the Abolish Human Trafficking Act (Public Law
115-392); and for related victims services, $502,500,000, to
remain available until expended, of which $435,000,000 shall
be derived by transfer from amounts available for obligation
in this Act from the Fund established by section 1402 of
chapter XIV of title II of Public Law 98-473 (34 U.S.C.
20101), notwithstanding section 1402(d) of such Act of 1984,
and merged with the amounts otherwise made available under
this heading: Provided, That except as otherwise provided by
law, not to exceed 5 percent of funds made available under
this heading may be used for expenses related to evaluation,
training, and technical assistance: Provided further, That
of the amount provided--
(1) $215,000,000 is for grants to combat violence against
women, as authorized by part T of the 1968 Act;
(2) $37,000,000 is for transitional housing assistance
grants for victims of domestic violence, dating violence,
stalking, or sexual assault as authorized by section 40299 of
the 1994 Act;
(3) $2,500,000 is for the National Institute of Justice and
the Bureau of Justice Statistics for research, evaluation,
and statistics of violence against women and related issues
addressed by grant programs of the Office on Violence Against
Women, which shall be transferred to ``Research, Evaluation
and Statistics'' for administration by the Office of Justice
Programs;
(4) $11,500,000 is for a grant program to provide services
to advocate for and respond to youth victims of domestic
violence, dating violence, sexual assault, and stalking;
assistance to children and youth exposed to such violence;
programs to engage men and youth in preventing such violence;
and assistance to middle and high school students through
education and other services related to such violence:
Provided, That unobligated balances available for the
programs authorized by sections 41201, 41204, 41303, and
41305 of the 1994 Act, prior to its amendment by the 2013
Act, shall be available for this program: Provided further,
That 10 percent of the total amount available for this grant
program shall be available for grants under the program
authorized by section 2015 of the 1968 Act: Provided
further, That the definitions and grant conditions in section
40002 of the 1994 Act shall apply to this program;
(5) $53,000,000 is for grants to encourage arrest policies
as authorized by part U of the
[[Page H10342]]
1968 Act, of which $4,000,000 is for a homicide reduction
initiative;
(6) $38,000,000 is for sexual assault victims assistance,
as authorized by section 41601 of the 1994 Act;
(7) $43,500,000 is for rural domestic violence and child
abuse enforcement assistance grants, as authorized by section
40295 of the 1994 Act;
(8) $20,000,000 is for grants to reduce violent crimes
against women on campus, as authorized by section 304 of the
2005 Act;
(9) $46,000,000 is for legal assistance for victims, as
authorized by section 1201 of the 2000 Act;
(10) $5,000,000 is for enhanced training and services to
end violence against and abuse of women in later life, as
authorized by section 40801 of the 1994 Act;
(11) $17,000,000 is for grants to support families in the
justice system, as authorized by section 1301 of the 2000
Act: Provided, That unobligated balances available for the
programs authorized by section 1301 of the 2000 Act and
section 41002 of the 1994 Act, prior to their amendment by
the 2013 Act, shall be available for this program;
(12) $6,000,000 is for education and training to end
violence against and abuse of women with disabilities, as
authorized by section 1402 of the 2000 Act;
(13) $1,000,000 is for the National Resource Center on
Workplace Responses to assist victims of domestic violence,
as authorized by section 41501 of the 1994 Act;
(14) $1,000,000 is for analysis and research on violence
against Indian women, including as authorized by section 904
of the 2005 Act: Provided, That such funds may be
transferred to ``Research, Evaluation and Statistics'' for
administration by the Office of Justice Programs;
(15) $500,000 is for a national clearinghouse that provides
training and technical assistance on issues relating to
sexual assault of American Indian and Alaska Native women;
(16) $4,000,000 is for grants to assist tribal governments
in exercising special domestic violence criminal
jurisdiction, as authorized by section 904 of the 2013 Act:
Provided, That the grant conditions in section 40002(b) of
the 1994 Act shall apply to this program; and
(17) $1,500,000 is for the purposes authorized under the
2015 Act.
Office of Justice Programs
research, evaluation and statistics
For grants, contracts, cooperative agreements, and other
assistance authorized by title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (``the 1968 Act''); the Juvenile
Justice and Delinquency Prevention Act of 1974 (``the 1974
Act''); the Missing Children's Assistance Act (34 U.S.C.
11291 et seq.); the Prosecutorial Remedies and Other Tools to
end the Exploitation of Children Today Act of 2003 (Public
Law 108-21); the Justice for All Act of 2004 (Public Law 108-
405); the Violence Against Women and Department of Justice
Reauthorization Act of 2005 (Public Law 109-162) (``the 2005
Act''); the Victims of Child Abuse Act of 1990 (Public Law
101-647); the Second Chance Act of 2007 (Public Law 110-199);
the Victims of Crime Act of 1984 (Public Law 98-473); the
Adam Walsh Child Protection and Safety Act of 2006 (Public
Law 109-248) (``the Adam Walsh Act''); the PROTECT Our
Children Act of 2008 (Public Law 110-401); subtitle D of
title II of the Homeland Security Act of 2002 (Public Law
107-296) (``the 2002 Act''); the NICS Improvement Amendments
Act of 2007 (Public Law 110-180); the Violence Against Women
Reauthorization Act of 2013 (Public Law 113-4) (``the 2013
Act''); and other programs, $79,000,000, to remain available
until expended, of which--
(1) $43,000,000 is for criminal justice statistics
programs, and other activities, as authorized by part C of
title I of the 1968 Act; and
(2) $36,000,000 is for research, development, and
evaluation programs, and other activities as authorized by
part B of title I of the 1968 Act and subtitle D of title II
of the 2002 Act, of which $5,000,000 is for research targeted
toward developing a better understanding of the domestic
radicalization phenomenon, and advancing evidence-based
strategies for effective intervention and prevention;
$1,000,000 is for research to study the root causes of school
violence to include the impact and effectiveness of grants
made under the STOP School Violence Act; $1,000,000 is for a
national study to understand the responses of law enforcement
to sex trafficking of minors; and $2,000,000 is for a
national center on forensics.
state and local law enforcement assistance
(including transfer of funds)
For grants, contracts, cooperative agreements, and other
assistance authorized by the Violent Crime Control and Law
Enforcement Act of 1994 (Public Law 103-322) (``the 1994
Act''); the Omnibus Crime Control and Safe Streets Act of
1968 (``the 1968 Act''); the Justice for All Act of 2004
(Public Law 108-405); the Victims of Child Abuse Act of 1990
(Public Law 101-647) (``the 1990 Act''); the Trafficking
Victims Protection Reauthorization Act of 2005 (Public Law
109-164); the Violence Against Women and Department of
Justice Reauthorization Act of 2005 (Public Law 109-162)
(``the 2005 Act''); the Adam Walsh Child Protection and
Safety Act of 2006 (Public Law 109-248) (``the Adam Walsh
Act''); the Victims of Trafficking and Violence Protection
Act of 2000 (Public Law 106-386); the NICS Improvement
Amendments Act of 2007 (Public Law 110-180); subtitle D of
title II of the Homeland Security Act of 2002 (Public Law
107-296) (``the 2002 Act''); the Second Chance Act of 2007
(Public Law 110-199); the Prioritizing Resources and
Organization for Intellectual Property Act of 2008 (Public
Law 110-403); the Victims of Crime Act of 1984 (Public Law
98-473); the Mentally Ill Offender Treatment and Crime
Reduction Reauthorization and Improvement Act of 2008 (Public
Law 110-416); the Violence Against Women Reauthorization Act
of 2013 (Public Law 113-4) (``the 2013 Act''); the
Comprehensive Addiction and Recovery Act of 2016 (Public Law
114-198) (``CARA''); the Justice for All Reauthorization Act
of 2016 (Public Law 114-324); Kevin and Avonte's Law
(division Q of Public Law 115-141) (``Kevin and Avonte's
Law''); the Keep Young Athletes Safe Act of 2018 (title III
of division S of Public Law 115-141) (``the Keep Young
Athletes Safe Act''); the STOP School Violence Act of 2018
(title V of division S of Public Law 115-141) (``the STOP
School Violence Act''); the Fix NICS Act of 2018 (title VI of
division S of Public Law 115-141); the Project Safe
Neighborhoods Grant Program Authorization Act of 2018 (Public
Law 115-185); the SUPPORT for Patients and Communities Act
(Public Law 115-271); and the Second Chance Reauthorization
Act of 2018 (Public Law 115-391); and other programs,
$1,892,000,000, to remain available until expended as
follows--
(1) $547,210,000 for the Edward Byrne Memorial Justice
Assistance Grant program as authorized by subpart 1 of part E
of title I of the 1968 Act (except that section 1001(c), and
the special rules for Puerto Rico under section 505(g) of
title I of the 1968 Act shall not apply for purposes of this
Act), of which, notwithstanding such subpart 1, $12,000,000
is for the Officer Robert Wilson III Memorial Initiative on
Preventing Violence Against Law Enforcement Officer
Resilience and Survivability (VALOR), $7,500,000 is for an
initiative to support evidence-based policing, $8,000,000 is
for an initiative to enhance prosecutorial decision-making,
$2,400,000 is for the operationalization, maintenance and
expansion of the National Missing and Unidentified Persons
System, $2,500,000 is for an academic based training
initiative to improve police-based responses to people with
mental illness or developmental disabilities, $2,000,000 is
for a student loan repayment assistance program pursuant to
section 952 of Public Law 110-315, $15,500,000 is for prison
rape prevention and prosecution grants to States and units of
local government, and other programs, as authorized by the
Prison Rape Elimination Act of 2003 (Public Law 108-79),
$2,000,000 is for a grant program authorized by Kevin and
Avonte's Law, $3,000,000 is for a regional law enforcement
technology initiative, $20,000,000 is for grants authorized
under the Project Safe Neighborhoods Grant Authorization Act
of 2018 (Public Law 115-185), $2,000,000 is for a grant to
provide a drug field testing and training initiative,
$5,500,000 is for the Capital Litigation Improvement Grant
Program, as authorized by section 426 of Public Law 108-405,
and for grants for wrongful conviction review, $2,000,000 is
for grants to States and units of local government to deploy
managed access systems to combat contraband cell phone use in
prison, $1,000,000 is for a collaborative mental health and
anti-recidivism initiative, $100,000,000 is for grants for
law enforcement activities associated with the presidential
nominating conventions, $2,000,000 is for a program to
improve juvenile indigent defense, $8,000,000 is for
community-based violence prevention initiatives, and
$3,000,000 is for a national center for restorative justice;
(2) $244,000,000 for the State Criminal Alien Assistance
Program, as authorized by section 241(i)(5) of the
Immigration and Nationality Act (8 U.S.C. 1231(i)(5)):
Provided, That no jurisdiction shall request compensation for
any cost greater than the actual cost for Federal immigration
and other detainees housed in State and local detention
facilities;
(3) $85,000,000 for victim services programs for victims of
trafficking, as authorized by section 107(b)(2) of Public Law
106-386, for programs authorized under Public Law 109-164, or
programs authorized under Public Law 113-4;
(4) $14,000,000 for economic, high technology, white
collar, and Internet crime prevention grants, including as
authorized by section 401 of Public Law 110-403, of which
$2,500,000 is for competitive grants that help State and
local law enforcement tackle intellectual property thefts,
and $2,000,000 for a competitive grant program for training
students in computer forensics and digital investigation;
(5) $20,000,000 for sex offender management assistance, as
authorized by the Adam Walsh Act, and related activities;
(6) $27,500,000 for the Patrick Leahy Bulletproof Vest
Partnership Grant Program, as authorized by section 2501 of
title I of the 1968 Act: Provided, That $1,500,000 is
transferred directly to the National Institute of Standards
and Technology's Office of Law Enforcement Standards for
research, testing and evaluation programs;
(7) $1,000,000 for the National Sex Offender Public
Website;
(8) $78,290,000 for grants to States to upgrade criminal
and mental health records for the National Instant Criminal
Background Check System, of which no less than $25,000,000
shall be for grants made under the authorities of the NICS
Improvement Amendments Act of 2007 (Public Law 110-180) and
Fix NICS Act of 2018;
[[Page H10343]]
(9) $30,000,000 for Paul Coverdell Forensic Sciences
Improvement Grants under part BB of title I of the 1968 Act;
(10) $132,000,000 for DNA-related and forensic programs and
activities, of which--
(A) $102,000,000 is for the purposes authorized under
section 2 of the DNA Analysis Backlog Elimination Act of 2000
(Public Law 106-546) (the Debbie Smith DNA Backlog Grant
Program): Provided, That up to 4 percent of funds made
available under this paragraph may be used for the purposes
described in the DNA Training and Education for Law
Enforcement, Correctional Personnel, and Court Officers
program (Public Law 108-405, section 303);
(B) $19,000,000 for other local, State, and Federal
forensic activities;
(C) $7,000,000 is for the purposes described in the Kirk
Bloodsworth Post-Conviction DNA Testing Grant Program (Public
Law 108-405, section 412); and
(D) $4,000,000 is for Sexual Assault Forensic Exam Program
grants, including as authorized by section 304 of Public Law
108-405;
(11) $48,000,000 for a grant program for community-based
sexual assault response reform;
(12) $12,000,000 for the court-appointed special advocate
program, as authorized by section 217 of the 1990 Act;
(13) $38,000,000 for assistance to Indian tribes;
(14) $90,000,000 for offender reentry programs and
research, as authorized by the Second Chance Act of 2007
(Public Law 110-199) and by the Second Chance Reauthorization
Act of 2018 (Public Law 115-391), without regard to the time
limitations specified at section 6(1) of such Act, of which
not to exceed $6,000,000 is for a program to improve State,
local, and tribal probation or parole supervision efforts and
strategies, $5,000,000 is for Children of Incarcerated
Parents Demonstrations to enhance and maintain parental and
family relationships for incarcerated parents as a reentry or
recidivism reduction strategy, and $4,500,000 is for
additional replication sites employing the Project HOPE
Opportunity Probation with Enforcement model implementing
swift and certain sanctions in probation, and for a research
project on the effectiveness of the model: Provided, That up
to $7,500,000 of funds made available in this paragraph may
be used for performance-based awards for Pay for Success
projects, of which up to $5,000,000 shall be for Pay for
Success programs implementing the Permanent Supportive
Housing Model;
(15) $67,500,000 for initiatives to improve police-
community relations, of which $22,500,000 is for a
competitive matching grant program for purchases of body-worn
cameras for State, local and Tribal law enforcement,
$28,000,000 is for a justice reinvestment initiative, for
activities related to criminal justice reform and recidivism
reduction, and $17,000,000 is for an Edward Byrne Memorial
criminal justice innovation program;
(16) $378,000,000 for comprehensive opioid abuse reduction
activities, including as authorized by CARA, and for the
following programs, which shall address opioid, stimulant,
and substance abuse reduction consistent with underlying
program authorities--
(A) $80,000,000 for Drug Courts, as authorized by section
1001(a)(25)(A) of title I of the 1968 Act;
(B) $33,000,000 for mental health courts and adult and
juvenile collaboration program grants, as authorized by parts
V and HH of title I of the 1968 Act, and the Mentally Ill
Offender Treatment and Crime Reduction Reauthorization and
Improvement Act of 2008 (Public Law 110-416);
(C) $31,000,000 for grants for Residential Substance Abuse
Treatment for State Prisoners, as authorized by part S of
title I of the 1968 Act;
(D) $23,000,000 for a veterans treatment courts program;
(E) $31,000,000 for a program to monitor prescription drugs
and scheduled listed chemical products; and
(F) $180,000,000 for a comprehensive opioid, stimulant, and
substance abuse program;
(17) $2,500,000 for a competitive grant program authorized
by the Keep Young Athletes Safe Act;
(18) $75,000,000 for grants to be administered by the
Bureau of Justice Assistance for purposes authorized under
the STOP School Violence Act; and
(19) $2,000,000 for grants to state and local law
enforcement agencies for the expenses associated with the
investigation and prosecution of criminal offenses, involving
civil rights, authorized by the Emmett Till Unsolved Civil
Rights Crimes Reauthorization Act of 2016 (Public Law 114-
325):
Provided, That, if a unit of local government uses any of
the funds made available under this heading to increase the
number of law enforcement officers, the unit of local
government will achieve a net gain in the number of law
enforcement officers who perform non-administrative public
sector safety service.
juvenile justice programs
For grants, contracts, cooperative agreements, and other
assistance authorized by the Juvenile Justice and Delinquency
Prevention Act of 1974 (``the 1974 Act''); the Omnibus Crime
Control and Safe Streets Act of 1968 (``the 1968 Act''); the
Violence Against Women and Department of Justice
Reauthorization Act of 2005 (Public Law 109-162) (``the 2005
Act''); the Missing Children's Assistance Act (34 U.S.C.
11291 et seq.); the Prosecutorial Remedies and Other Tools to
end the Exploitation of Children Today Act of 2003 (Public
Law 108-21); the Victims of Child Abuse Act of 1990 (Public
Law 101-647) (``the 1990 Act''); the Adam Walsh Child
Protection and Safety Act of 2006 (Public Law 109-248) (``the
Adam Walsh Act''); the PROTECT Our Children Act of 2008
(Public Law 110-401); the Violence Against Women
Reauthorization Act of 2013 (Public Law 113-4) (``the 2013
Act''); the Justice for All Reauthorization Act of 2016
(Public Law 114-324); the Juvenile Justice Reform Act of 2018
(Public Law 115-385); and other juvenile justice programs,
$320,000,000, to remain available until expended as follows--
(1) $63,000,000 for programs authorized by section 221 of
the 1974 Act, and for training and technical assistance to
assist small, nonprofit organizations with the Federal grants
process: Provided, That of the amounts provided under this
paragraph, $500,000 shall be for a competitive demonstration
grant program to support emergency planning among State,
local and tribal juvenile justice residential facilities;
(2) $97,000,000 for youth mentoring grants;
(3) $42,000,000 for delinquency prevention, of which,
pursuant to sections 261 and 262 of the 1974 Act--
(A) $2,000,000 shall be for grants to prevent trafficking
of girls;
(B) $5,000,000 shall be for the Tribal Youth Program;
(C) $500,000 shall be for an Internet site providing
information and resources on children of incarcerated
parents;
(D) $2,000,000 shall be for competitive grants focusing on
girls in the juvenile justice system;
(E) $10,000,000 shall be for an opioid-affected youth
initiative; and
(F) $8,000,000 shall be for an initiative relating to
children exposed to violence;
(4) $27,000,000 for programs authorized by the Victims of
Child Abuse Act of 1990;
(5) $87,500,000 for missing and exploited children
programs, including as authorized by sections 404(b) and
405(a) of the 1974 Act (except that section 102(b)(4)(B) of
the PROTECT Our Children Act of 2008 (Public Law 110-401)
shall not apply for purposes of this Act); and
(6) $3,500,000 for child abuse training programs for
judicial personnel and practitioners, as authorized by
section 222 of the 1990 Act:
Provided, That not more than 10 percent of each amount may
be used for research, evaluation, and statistics activities
designed to benefit the programs or activities authorized:
Provided further, That not more than 2 percent of the amounts
designated under paragraphs (1) through (3) and (6) may be
used for training and technical assistance: Provided
further, That the two preceding provisos shall not apply to
grants and projects administered pursuant to sections 261 and
262 of the 1974 Act and to missing and exploited children
programs.
public safety officer benefits
(including transfer of funds)
For payments and expenses authorized under section
1001(a)(4) of title I of the Omnibus Crime Control and Safe
Streets Act of 1968, such sums as are necessary (including
amounts for administrative costs), to remain available until
expended; and $24,800,000 for payments authorized by section
1201(b) of such Act and for educational assistance authorized
by section 1218 of such Act, to remain available until
expended: Provided, That notwithstanding section 205 of this
Act, upon a determination by the Attorney General that
emergent circumstances require additional funding for such
disability and education payments, the Attorney General may
transfer such amounts to ``Public Safety Officer Benefits''
from available appropriations for the Department of Justice
as may be necessary to respond to such circumstances:
Provided further, That any transfer pursuant to the preceding
proviso shall be treated as a reprogramming under section 505
of this Act and shall not be available for obligation or
expenditure except in compliance with the procedures set
forth in that section.
Community Oriented Policing Services
community oriented policing services programs
(including transfer of funds)
For activities authorized by the Violent Crime Control and
Law Enforcement Act of 1994 (Public Law 103-322); the Omnibus
Crime Control and Safe Streets Act of 1968 (``the 1968
Act''); the Violence Against Women and Department of Justice
Reauthorization Act of 2005 (Public Law 109-162) (``the 2005
Act''); the American Law Enforcement Heroes Act of 2017
(Public Law 115-37); and the SUPPORT for Patients and
Communities Act (Public Law 115-271), $343,000,000, to remain
available until expended: Provided, That any balances made
available through prior year deobligations shall only be
available in accordance with section 505 of this Act:
Provided further, That of the amount provided under this
heading--
(1) $235,000,000 is for grants under section 1701 of title
I of the 1968 Act (34 U.S.C. 10381) for the hiring and
rehiring of additional career law enforcement officers under
part Q of such title notwithstanding subsection (i) of such
section: Provided, That, notwithstanding section 1704(c) of
such title (34 U.S.C. 10384(c)), funding for hiring or
rehiring a career law enforcement officer may not exceed
$125,000 unless the Director of the Office of Community
Oriented Policing Services grants a waiver from this
limitation: Provided further, That within the amounts
[[Page H10344]]
appropriated under this paragraph, $27,000,000 is for
improving tribal law enforcement, including hiring,
equipment, training, anti-methamphetamine activities, and
anti-opioid activities: Provided further, That of the
amounts appropriated under this paragraph, $6,500,000 is for
community policing development activities in furtherance of
the purposes in section 1701: Provided further, That of the
amounts appropriated under this paragraph $38,000,000 is for
regional information sharing activities, as authorized by
part M of title I of the 1968 Act, which shall be transferred
to and merged with ``Research, Evaluation, and Statistics''
for administration by the Office of Justice Programs:
Provided further, That within the amounts appropriated under
this paragraph, no less than $3,000,000 is to support the
Tribal Access Program: Provided further, That within the
amounts appropriated under this paragraph, $5,000,000 is for
training, peer mentoring, and mental health program
activities as authorized under the Law Enforcement Mental
Health and Wellness Act (Public Law 115-113);
(2) $10,000,000 is for activities authorized by the POLICE
Act of 2016 (Public Law 114-199);
(3) $13,000,000 is for competitive grants to State law
enforcement agencies in States with high seizures of
precursor chemicals, finished methamphetamine, laboratories,
and laboratory dump seizures: Provided, That funds
appropriated under this paragraph shall be utilized for
investigative purposes to locate or investigate illicit
activities, including precursor diversion, laboratories, or
methamphetamine traffickers;
(4) $35,000,000 is for competitive grants to statewide law
enforcement agencies in States with high rates of primary
treatment admissions for heroin and other opioids: Provided,
That these funds shall be utilized for investigative purposes
to locate or investigate illicit activities, including
activities related to the distribution of heroin or unlawful
distribution of prescription opioids, or unlawful heroin and
prescription opioid traffickers through statewide
collaboration; and
(5) $50,000,000 is for competitive grants to be
administered by the Community Oriented Policing Services
Office for purposes authorized under the STOP School Violence
Act (title V of division S of Public Law 115-141).
General Provisions--Department of Justice
(including transfer of funds)
Sec. 201. In addition to amounts otherwise made available
in this title for official reception and representation
expenses, a total of not to exceed $50,000 from funds
appropriated to the Department of Justice in this title shall
be available to the Attorney General for official reception
and representation expenses.
Sec. 202. None of the funds appropriated by this title
shall be available to pay for an abortion, except where the
life of the mother would be endangered if the fetus were
carried to term, or in the case of rape or incest: Provided,
That should this prohibition be declared unconstitutional by
a court of competent jurisdiction, this section shall be null
and void.
Sec. 203. None of the funds appropriated under this title
shall be used to require any person to perform, or facilitate
in any way the performance of, any abortion.
Sec. 204. Nothing in the preceding section shall remove
the obligation of the Director of the Bureau of Prisons to
provide escort services necessary for a female inmate to
receive such service outside the Federal facility: Provided,
That nothing in this section in any way diminishes the effect
of section 203 intended to address the philosophical beliefs
of individual employees of the Bureau of Prisons.
Sec. 205. Not to exceed 5 percent of any appropriation
made available for the current fiscal year for the Department
of Justice in this Act may be transferred between such
appropriations, but no such appropriation, except as
otherwise specifically provided, shall be increased by more
than 10 percent by any such transfers: Provided, That any
transfer pursuant to this section shall be treated as a
reprogramming of funds under section 505 of this Act and
shall not be available for obligation except in compliance
with the procedures set forth in that section.
Sec. 206. None of the funds made available under this
title may be used by the Federal Bureau of Prisons or the
United States Marshals Service for the purpose of
transporting an individual who is a prisoner pursuant to
conviction for crime under State or Federal law and is
classified as a maximum or high security prisoner, other than
to a prison or other facility certified by the Federal Bureau
of Prisons as appropriately secure for housing such a
prisoner.
Sec. 207. (a) None of the funds appropriated by this Act
may be used by Federal prisons to purchase cable television
services, or to rent or purchase audiovisual or electronic
media or equipment used primarily for recreational purposes.
(b) Subsection (a) does not preclude the rental,
maintenance, or purchase of audiovisual or electronic media
or equipment for inmate training, religious, or educational
programs.
Sec. 208. None of the funds made available under this
title shall be obligated or expended for any new or enhanced
information technology program having total estimated
development costs in excess of $100,000,000, unless the
Deputy Attorney General and the investment review board
certify to the Committees on Appropriations of the House of
Representatives and the Senate that the information
technology program has appropriate program management
controls and contractor oversight mechanisms in place, and
that the program is compatible with the enterprise
architecture of the Department of Justice.
Sec. 209. The notification thresholds and procedures set
forth in section 505 of this Act shall apply to deviations
from the amounts designated for specific activities in this
Act and in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated
Act), and to any use of deobligated balances of funds
provided under this title in previous years.
Sec. 210. None of the funds appropriated by this Act may
be used to plan for, begin, continue, finish, process, or
approve a public-private competition under the Office of
Management and Budget Circular A-76 or any successor
administrative regulation, directive, or policy for work
performed by employees of the Bureau of Prisons or of Federal
Prison Industries, Incorporated.
Sec. 211. Notwithstanding any other provision of law, no
funds shall be available for the salary, benefits, or
expenses of any United States Attorney assigned dual or
additional responsibilities by the Attorney General or his
designee that exempt that United States Attorney from the
residency requirements of section 545 of title 28, United
States Code.
Sec. 212. At the discretion of the Attorney General, and
in addition to any amounts that otherwise may be available
(or authorized to be made available) by law, with respect to
funds appropriated by this title under the headings
``Research, Evaluation and Statistics'', ``State and Local
Law Enforcement Assistance'', and ``Juvenile Justice
Programs''--
(1) up to 2 percent of funds made available to the Office
of Justice Programs for grant or reimbursement programs may
be used by such Office to provide training and technical
assistance; and
(2) up to 2 percent of funds made available for grant or
reimbursement programs under such headings, except for
amounts appropriated specifically for research, evaluation,
or statistical programs administered by the National
Institute of Justice and the Bureau of Justice Statistics,
shall be transferred to and merged with funds provided to the
National Institute of Justice and the Bureau of Justice
Statistics, to be used by them for research, evaluation, or
statistical purposes, without regard to the authorizations
for such grant or reimbursement programs.
Sec. 213. Upon request by a grantee for whom the Attorney
General has determined there is a fiscal hardship, the
Attorney General may, with respect to funds appropriated in
this or any other Act making appropriations for fiscal years
2017 through 2020 for the following programs, waive the
following requirements:
(1) For the adult and juvenile offender State and local
reentry demonstration projects under part FF of title I of
the Omnibus Crime Control and Safe Streets Act of 1968 (34
U.S.C. 10631 et seq.), the requirements under section
2976(g)(1) of such part (34 U.S.C. 10631(g)(1)).
(2) For grants to protect inmates and safeguard communities
as authorized by section 6 of the Prison Rape Elimination Act
of 2003 (34 U.S.C. 30305(c)(3)), the requirements of section
6(c)(3) of such Act.
Sec. 214. Notwithstanding any other provision of law,
section 20109(a) of subtitle A of title II of the Violent
Crime Control and Law Enforcement Act of 1994 (34 U.S.C.
12109(a)) shall not apply to amounts made available by this
or any other Act.
Sec. 215. None of the funds made available under this Act,
other than for the national instant criminal background check
system established under section 103 of the Brady Handgun
Violence Prevention Act (34 U.S.C. 40901), may be used by a
Federal law enforcement officer to facilitate the transfer of
an operable firearm to an individual if the Federal law
enforcement officer knows or suspects that the individual is
an agent of a drug cartel, unless law enforcement personnel
of the United States continuously monitor or control the
firearm at all times.
Sec. 216. (a) None of the income retained in the Department
of Justice Working Capital Fund pursuant to title I of Public
Law 102-140 (105 Stat. 784; 28 U.S.C. 527 note) shall be
available for obligation during fiscal year 2020, except up
to $12,000,000 may be obligated for implementation of a
unified Department of Justice financial management system.
(b) Not to exceed $30,000,000 of the unobligated balances
transferred to the capital account of the Department of
Justice Working Capital Fund pursuant to title I of Public
Law 102-140 (105 Stat. 784; 28 U.S.C. 527 note) shall be
available for obligation in fiscal year 2020, and any use,
obligation, transfer or allocation of such funds shall be
treated as a reprogramming of funds under section 505 of this
Act.
(c) Not to exceed $10,000,000 of the excess unobligated
balances available under section 524(c)(8)(E) of title 28,
United States Code, shall be available for obligation during
fiscal year 2020, and any use, obligation, transfer or
allocation of such funds shall be treated as a reprogramming
of funds under section 505 of this Act.
Sec. 217. Discretionary funds that are made available in
this Act for the Office of Justice Programs may be used to
participate in Performance Partnership Pilots authorized
under section 526 of division H of Public Law 113-76, section
524 of division G of Public Law
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113-235, section 525 of division H of Public Law 114-113, and
such authorities as are enacted for Performance Partnership
Pilots in an appropriations Act for fiscal years 2019 and
2020.
Sec. 218. In this fiscal year and each fiscal year
thereafter, amounts credited to and made available in the
Department of Justice Working Capital Fund as an offsetting
collection pursuant to section 11013 of Public Law 107-273
shall be so credited and available only to the extent and in
such amounts as provided in advance in appropriations Acts:
Provided, That notwithstanding 31 U.S.C. 3302 or any other
statute affecting the crediting of collections, the Attorney
General may credit, as a discretionary offsetting collection,
to the Department of Justice Working Capital Fund, for fiscal
year 2020 and thereafter, up to three percent of all amounts
collected pursuant to civil debt collection litigation
activities of the Department of Justice; and such amounts so
credited in fiscal year 2020 and thereafter shall remain
available until expended, and shall be subject to the terms
and conditions of that fund: Provided further, That any such
amounts from the fund that the Attorney General determines
are necessary to pay, first, for the costs of processing and
tracking civil and criminal debt collection litigation
activities, and thereafter for financial systems and for
debt-collection-related personnel, administrative, and
litigation expenses, in fiscal year 2020 and thereafter,
shall be transferred to other appropriations accounts in the
Department of Justice for paying the costs of such
activities, and shall be in addition to any amounts otherwise
made available for such purposes in those appropriations
accounts: Provided further, That such transfer authority is
in addition to any other transfer authority provided by law:
Provided further, That any transfer of funds pursuant to this
section shall be treated as a reprogramming of funds under
section 505 of this Act and shall not be available for
obligation except in compliance with the procedures set forth
in that section.
Sec. 219. Section 1930(a)(6)(B) of title 28, United States
Code, shall be applied for this fiscal year and next fiscal
year by substituting ``$300,000,000'' for ``$200,000,000''.
This title may be cited as the ``Department of Justice
Appropriations Act, 2020''.
TITLE III
SCIENCE
Office of Science and Technology Policy
For necessary expenses of the Office of Science and
Technology Policy, in carrying out the purposes of the
National Science and Technology Policy, Organization, and
Priorities Act of 1976 (42 U.S.C. 6601 et seq.), hire of
passenger motor vehicles, and services as authorized by
section 3109 of title 5, United States Code, not to exceed
$2,250 for official reception and representation expenses,
and rental of conference rooms in the District of Columbia,
$5,544,000.
National Space Council
For necessary expenses of the National Space Council, in
carrying out the purposes of Title V of Public Law 100-685
and Executive Order 13803, hire of passenger motor vehicles,
and services as authorized by section 3109 of title 5, United
States Code, not to exceed $2,250 for official reception and
representation expenses, $1,965,000: Provided, That
notwithstanding any other provision of law, the National
Space Council may accept personnel support from Federal
agencies, departments, and offices, and such Federal
agencies, departments, and offices may detail staff without
reimbursement to the National Space Council for purposes
provided herein.
National Aeronautics and Space Administration
science
For necessary expenses, not otherwise provided for, in the
conduct and support of science research and development
activities, including research, development, operations,
support, and services; maintenance and repair, facility
planning and design; space flight, spacecraft control, and
communications activities; program management; personnel and
related costs, including uniforms or allowances therefor, as
authorized by sections 5901 and 5902 of title 5, United
States Code; travel expenses; purchase and hire of passenger
motor vehicles; and purchase, lease, charter, maintenance,
and operation of mission and administrative aircraft,
$7,138,900,000, to remain available until September 30, 2021:
Provided, That, $1,971,800,000 shall be for Earth Science;
$2,713,400,000 shall be for Planetary Science; $1,306,200,000
shall be for Astrophysics; $423,000,000 shall be for the
James Webb Space Telescope; and $724,500,000 shall be for
Heliophysics: Provided further, That of the amounts
provided, $592,600,000 is for an orbiter to meet the science
goals for the Jupiter Europa mission as recommended in
previous Planetary Science Decadal surveys: Provided
further, That the National Aeronautics and Space
Administration shall use the Space Launch System as the
launch vehicles for the Jupiter Europa missions, plan for an
orbiter launch no later than 2025 and a lander launch no
later than 2027, and include in the fiscal year 2021 budget
the 5-year funding profile necessary to achieve these goals.
aeronautics
For necessary expenses, not otherwise provided for, in the
conduct and support of aeronautics research and development
activities, including research, development, operations,
support, and services; maintenance and repair, facility
planning and design; space flight, spacecraft control, and
communications activities; program management; personnel and
related costs, including uniforms or allowances therefor, as
authorized by sections 5901 and 5902 of title 5, United
States Code; travel expenses; purchase and hire of passenger
motor vehicles; and purchase, lease, charter, maintenance,
and operation of mission and administrative aircraft,
$783,900,000, to remain available until September 30, 2021.
space technology
For necessary expenses, not otherwise provided for, in the
conduct and support of space technology research and
development activities, including research, development,
operations, support, and services; maintenance and repair,
facility planning and design; space flight, spacecraft
control, and communications activities; program management;
personnel and related costs, including uniforms or allowances
therefor, as authorized by sections 5901 and 5902 of title 5,
United States Code; travel expenses; purchase and hire of
passenger motor vehicles; and purchase, lease, charter,
maintenance, and operation of mission and administrative
aircraft, $1,100,000,000, to remain available until September
30, 2021: Provided, That $227,200,000 shall be for RESTORE-
L/SPace Infrastructure DExterous Robot: Provided further,
That $110,000,000 shall be for the development and
demonstration of a nuclear thermal propulsion system, of
which $80,000,000 shall be for the design of a flight
demonstration system: Provided further, That, not later than
180 days after the enactment of this Act, the National
Aeronautics and Space Administration (NASA) shall provide a
plan for the design of a flight demonstration.
exploration
For necessary expenses, not otherwise provided for, in the
conduct and support of exploration research and development
activities, including research, development, operations,
support, and services; maintenance and repair, facility
planning and design; space flight, spacecraft control, and
communications activities; program management; personnel and
related costs, including uniforms or allowances therefor, as
authorized by sections 5901 and 5902 of title 5, United
States Code; travel expenses; purchase and hire of passenger
motor vehicles; and purchase, lease, charter, maintenance,
and operation of mission and administrative aircraft,
$6,017,600,000, to remain available until September 30, 2021:
Provided, That not less than $1,406,700,000 shall be for the
Orion Multi-Purpose Crew Vehicle: Provided further, That not
less than $2,585,900,000 shall be for the Space Launch System
(SLS) launch vehicle, which shall have a lift capability not
less than 130 metric tons and which shall have core elements
and an Exploration Upper Stage developed simultaneously to be
used to the maximum extent practicable, including for Earth
to Moon missions and a Moon landing: Provided further, That
of the amounts provided for SLS, not less than $300,000,000
shall be for Exploration Upper Stage development: Provided
further, That $590,000,000 shall be for Exploration Ground
Systems: Provided further, That the National Aeronautics and
Space Administration shall provide to the Committees on
Appropriations of the House of Representatives and the
Senate, concurrent with the annual budget submission, a 5-
year budget profile for an integrated system that includes
the SLS, the Orion Multi-Purpose Crew Vehicle, and associated
ground systems that will ensure an Exploration Mission-2
crewed launch as early as possible, as well as a system-based
funding profile for a sustained launch cadence beyond the
initial crewed test launch: Provided further, That
$1,435,000,000 shall be for exploration research and
development.
space operations
For necessary expenses, not otherwise provided for, in the
conduct and support of space operations research and
development activities, including research, development,
operations, support and services; space flight, spacecraft
control and communications activities, including operations,
production, and services; maintenance and repair, facility
planning and design; program management; personnel and
related costs, including uniforms or allowances therefor, as
authorized by sections 5901 and 5902 of title 5, United
States Code; travel expenses; purchase and hire of passenger
motor vehicles; and purchase, lease, charter, maintenance and
operation of mission and administrative aircraft,
$4,140,200,000, to remain available until September 30, 2021.
science, technology, engineering, and mathematics engagement
For necessary expenses, not otherwise provided for, in the
conduct and support of aerospace and aeronautical education
research and development activities, including research,
development, operations, support, and services; program
management; personnel and related costs, including uniforms
or allowances therefor, as authorized by sections 5901 and
5902 of title 5, United States Code; travel expenses;
purchase and hire of passenger motor vehicles; and purchase,
lease, charter, maintenance, and operation of mission and
administrative aircraft, $120,000,000, to remain available
until September 30, 2021, of which $24,000,000 shall be for
the Established Program to Stimulate
[[Page H10346]]
Competitive Research and $48,000,000 shall be for the
National Space Grant College and Fellowship Program.
safety, security and mission services
For necessary expenses, not otherwise provided for, in the
conduct and support of science, aeronautics, space
technology, exploration, space operations and education
research and development activities, including research,
development, operations, support, and services; maintenance
and repair, facility planning and design; space flight,
spacecraft control, and communications activities; program
management; personnel and related costs, including uniforms
or allowances therefor, as authorized by sections 5901 and
5902 of title 5, United States Code; travel expenses;
purchase and hire of passenger motor vehicles; not to exceed
$63,000 for official reception and representation expenses;
and purchase, lease, charter, maintenance, and operation of
mission and administrative aircraft, $2,913,300,000, to
remain available until September 30, 2021.
construction and environmental compliance and restoration
For necessary expenses for construction of facilities
including repair, rehabilitation, revitalization, and
modification of facilities, construction of new facilities
and additions to existing facilities, facility planning and
design, and restoration, and acquisition or condemnation of
real property, as authorized by law, and environmental
compliance and restoration, $373,400,000, to remain available
until September 30, 2025: Provided, That proceeds from
leases deposited into this account shall be available for a
period of 5 years to the extent and in amounts as provided in
annual appropriations Acts: Provided further, That such
proceeds referred to in the preceding proviso shall be
available for obligation for fiscal year 2020 in an amount
not to exceed $17,000,000: Provided further, That each
annual budget request shall include an annual estimate of
gross receipts and collections and proposed use of all funds
collected pursuant to section 20145 of title 51, United
States Code.
office of inspector general
For necessary expenses of the Office of Inspector General
in carrying out the Inspector General Act of 1978,
$41,700,000, of which $500,000 shall remain available until
September 30, 2021.
administrative provisions
(including transfers of funds)
Funds for any announced prize otherwise authorized shall
remain available, without fiscal year limitation, until a
prize is claimed or the offer is withdrawn.
Not to exceed 5 percent of any appropriation made available
for the current fiscal year for the National Aeronautics and
Space Administration in this Act may be transferred between
such appropriations, but no such appropriation, except as
otherwise specifically provided, shall be increased by more
than 10 percent by any such transfers. Any funds transferred
to ``Construction and Environmental Compliance and
Restoration'' for construction activities shall not increase
that account by more than $75,300,000. Balances so
transferred shall be merged with and available for the same
purposes and the same time period as the appropriations to
which transferred. Any transfer pursuant to this provision
shall be treated as a reprogramming of funds under section
505 of this Act and shall not be available for obligation
except in compliance with the procedures set forth in that
section.
Not to exceed 5 percent of any appropriation provided for
the National Aeronautics and Space Administration under
previous appropriations Acts that remains available for
obligation or expenditure in fiscal year 2020 may be
transferred between such appropriations, but no such
appropriation, except as otherwise specifically provided,
shall be increased by more than 10 percent by any such
transfers. Any transfer pursuant to this provision shall
retain its original availability and shall be treated as a
reprogramming of funds under section 505 of this Act and
shall not be available for obligation except in compliance
with the procedures set forth in that section.
The spending plan required by this Act shall be provided by
NASA at the theme, program, project and activity level. The
spending plan, as well as any subsequent change of an amount
established in that spending plan that meets the notification
requirements of section 505 of this Act, shall be treated as
a reprogramming under section 505 of this Act and shall not
be available for obligation or expenditure except in
compliance with the procedures set forth in that section.
Not more than 40 percent of the amounts made available in
this Act for the Gateway; Advanced Cislunar and Surface
Capabilities; Commercial LEO Development; and Lunar Discovery
and Exploration, excluding the Lunar Reconnaissance Orbiter,
may be obligated until the Administrator submits a multi-year
plan to the Committees on Appropriations of the House of
Representatives and the Senate that identifies estimated
dates, by fiscal year, for Space Launch System flights to
build the Gateway; the commencement of partnerships with
commercial entities for additional LEO missions to land
humans and rovers on the Moon; and conducting additional
scientific activities on the Moon. The multi-year plan shall
include key milestones to be met by fiscal year to achieve
goals for each of the lunar programs described in the
previous sentence and funding required by fiscal year to
achieve such milestones.
National Science Foundation
research and related activities
For necessary expenses in carrying out the National Science
Foundation Act of 1950 (42 U.S.C. 1861 et seq.), and Public
Law 86-209 (42 U.S.C. 1880 et seq.); services as authorized
by section 3109 of title 5, United States Code; maintenance
and operation of aircraft and purchase of flight services for
research support; acquisition of aircraft; and authorized
travel; $6,737,200,000, to remain available until September
30, 2021, of which not to exceed $500,000,000 shall remain
available until expended for polar research and operations
support, and for reimbursement to other Federal agencies for
operational and science support and logistical and other
related activities for the United States Antarctic program:
Provided, That receipts for scientific support services and
materials furnished by the National Research Centers and
other National Science Foundation supported research
facilities may be credited to this appropriation.
major research equipment and facilities construction
For necessary expenses for the acquisition, construction,
commissioning, and upgrading of major research equipment,
facilities, and other such capital assets pursuant to the
National Science Foundation Act of 1950 (42 U.S.C. 1861 et
seq.), including authorized travel, $243,230,000, to remain
available until expended.
education and human resources
For necessary expenses in carrying out science, mathematics
and engineering education and human resources programs and
activities pursuant to the National Science Foundation Act of
1950 (42 U.S.C. 1861 et seq.), including services as
authorized by section 3109 of title 5, United States Code,
authorized travel, and rental of conference rooms in the
District of Columbia, $940,000,000, to remain available until
September 30, 2021.
agency operations and award management
For agency operations and award management necessary in
carrying out the National Science Foundation Act of 1950 (42
U.S.C. 1861 et seq.); services authorized by section 3109 of
title 5, United States Code; hire of passenger motor
vehicles; uniforms or allowances therefor, as authorized by
sections 5901 and 5902 of title 5, United States Code; rental
of conference rooms in the District of Columbia; and
reimbursement of the Department of Homeland Security for
security guard services; $336,900,000: Provided, That not to
exceed $8,280 is for official reception and representation
expenses: Provided further, That contracts may be entered
into under this heading in fiscal year 2020 for maintenance
and operation of facilities and for other services to be
provided during the next fiscal year.
office of the national science board
For necessary expenses (including payment of salaries,
authorized travel, hire of passenger motor vehicles, the
rental of conference rooms in the District of Columbia, and
the employment of experts and consultants under section 3109
of title 5, United States Code) involved in carrying out
section 4 of the National Science Foundation Act of 1950 (42
U.S.C. 1863) and Public Law 86-209 (42 U.S.C. 1880 et seq.),
$4,500,000: Provided, That not to exceed $2,500 shall be
available for official reception and representation expenses.
office of inspector general
For necessary expenses of the Office of Inspector General
as authorized by the Inspector General Act of 1978,
$16,500,000, of which $400,000 shall remain available until
September 30, 2021.
administrative provisions
(including transfer of funds)
Not to exceed 5 percent of any appropriation made available
for the current fiscal year for the National Science
Foundation in this Act may be transferred between such
appropriations, but no such appropriation shall be increased
by more than 10 percent by any such transfers. Any transfer
pursuant to this paragraph shall be treated as a
reprogramming of funds under section 505 of this Act and
shall not be available for obligation except in compliance
with the procedures set forth in that section.
The Director of the National Science Foundation (NSF) shall
notify the Committees on Appropriations of the House of
Representatives and the Senate at least 30 days in advance of
any planned divestment through transfer, decommissioning,
termination, or deconstruction of any NSF-owned facilities or
any NSF capital assets (including land, structures, and
equipment) valued greater than $2,500,000.
This title may be cited as the ``Science Appropriations
Act, 2020''.
TITLE IV
RELATED AGENCIES
Commission on Civil Rights
salaries and expenses
For necessary expenses of the Commission on Civil Rights,
including hire of passenger motor vehicles, $10,500,000:
Provided, That none of the funds appropriated in this
paragraph may be used to employ any individuals under
Schedule C of subpart C of part 213 of title 5 of the Code of
Federal Regulations exclusive of one special assistant for
each Commissioner: Provided further, That none of the
[[Page H10347]]
funds appropriated in this paragraph shall be used to
reimburse Commissioners for more than 75 billable days, with
the exception of the chairperson, who is permitted 125
billable days: Provided further, That the Chair may accept
and use any gift or donation to carry out the work of the
Commission: Provided further, That none of the funds
appropriated in this paragraph shall be used for any activity
or expense that is not explicitly authorized by section 3 of
the Civil Rights Commission Act of 1983 (42 U.S.C. 1975a).
Equal Employment Opportunity Commission
salaries and expenses
For necessary expenses of the Equal Employment Opportunity
Commission as authorized by title VII of the Civil Rights Act
of 1964, the Age Discrimination in Employment Act of 1967,
the Equal Pay Act of 1963, the Americans with Disabilities
Act of 1990, section 501 of the Rehabilitation Act of 1973,
the Civil Rights Act of 1991, the Genetic Information
Nondiscrimination Act (GINA) of 2008 (Public Law 110-233),
the ADA Amendments Act of 2008 (Public Law 110-325), and the
Lilly Ledbetter Fair Pay Act of 2009 (Public Law 111-2),
including services as authorized by section 3109 of title 5,
United States Code; hire of passenger motor vehicles as
authorized by section 1343(b) of title 31, United States
Code; nonmonetary awards to private citizens; and up to
$30,500,000 for payments to State and local enforcement
agencies for authorized services to the Commission,
$389,500,000: Provided, That the Commission is authorized to
make available for official reception and representation
expenses not to exceed $2,250 from available funds: Provided
further, That the Commission may take no action to implement
any workforce repositioning, restructuring, or reorganization
until such time as the Committees on Appropriations of the
House of Representatives and the Senate have been notified of
such proposals, in accordance with the reprogramming
requirements of section 505 of this Act: Provided further,
That the Chair may accept and use any gift or donation to
carry out the work of the Commission.
International Trade Commission
salaries and expenses
For necessary expenses of the International Trade
Commission, including hire of passenger motor vehicles and
services as authorized by section 3109 of title 5, United
States Code, and not to exceed $2,250 for official reception
and representation expenses, $99,400,000, to remain available
until expended.
Legal Services Corporation
payment to the legal services corporation
For payment to the Legal Services Corporation to carry out
the purposes of the Legal Services Corporation Act of 1974,
$440,000,000, of which $402,700,000 is for basic field
programs and required independent audits; $5,300,000 is for
the Office of Inspector General, of which such amounts as may
be necessary may be used to conduct additional audits of
recipients; $22,000,000 is for management and grants
oversight; $4,000,000 is for client self-help and information
technology; $4,500,000 is for a Pro Bono Innovation Fund; and
$1,500,000 is for loan repayment assistance: Provided, That
the Legal Services Corporation may continue to provide
locality pay to officers and employees at a rate no greater
than that provided by the Federal Government to Washington,
DC-based employees as authorized by section 5304 of title 5,
United States Code, notwithstanding section 1005(d) of the
Legal Services Corporation Act (42 U.S.C. 2996d(d)):
Provided further, That the authorities provided in section
205 of this Act shall be applicable to the Legal Services
Corporation: Provided further, That, for the purposes of
section 505 of this Act, the Legal Services Corporation shall
be considered an agency of the United States Government.
administrative provision--legal services corporation
None of the funds appropriated in this Act to the Legal
Services Corporation shall be expended for any purpose
prohibited or limited by, or contrary to any of the
provisions of, sections 501, 502, 503, 504, 505, and 506 of
Public Law 105-119, and all funds appropriated in this Act to
the Legal Services Corporation shall be subject to the same
terms and conditions set forth in such sections, except that
all references in sections 502 and 503 to 1997 and 1998 shall
be deemed to refer instead to 2019 and 2020, respectively.
Marine Mammal Commission
salaries and expenses
For necessary expenses of the Marine Mammal Commission as
authorized by title II of the Marine Mammal Protection Act of
1972 (16 U.S.C. 1361 et seq.), $3,616,000.
Office of the United States Trade Representative
salaries and expenses
For necessary expenses of the Office of the United States
Trade Representative, including the hire of passenger motor
vehicles and the employment of experts and consultants as
authorized by section 3109 of title 5, United States Code,
$54,000,000, of which $1,000,000 shall remain available until
expended: Provided, That of the total amount made available
under this heading, not to exceed $124,000 shall be available
for official reception and representation expenses.
trade enforcement trust fund
(including transfer of funds)
For activities of the United States Trade Representative
authorized by section 611 of the Trade Facilitation and Trade
Enforcement Act of 2015 (19 U.S.C. 4405), including
transfers, $15,000,000, to be derived from the Trade
Enforcement Trust Fund: Provided, That any transfer pursuant
to subsection (d)(1) of such section shall be treated as a
reprogramming under section 505 of this Act.
State Justice Institute
salaries and expenses
For necessary expenses of the State Justice Institute, as
authorized by the State Justice Institute Act of 1984 (42
U.S.C. 10701 et seq.) $6,555,000, of which $500,000 shall
remain available until September 30, 2021: Provided, That
not to exceed $2,250 shall be available for official
reception and representation expenses: Provided further,
That, for the purposes of section 505 of this Act, the State
Justice Institute shall be considered an agency of the United
States Government.
TITLE V
GENERAL PROVISIONS
(including rescissions)
(including transfer of funds)
Sec. 501. No part of any appropriation contained in this
Act shall be used for publicity or propaganda purposes not
authorized by the Congress.
Sec. 502. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 503. The expenditure of any appropriation under this
Act for any consulting service through procurement contract,
pursuant to section 3109 of title 5, United States Code,
shall be limited to those contracts where such expenditures
are a matter of public record and available for public
inspection, except where otherwise provided under existing
law, or under existing Executive order issued pursuant to
existing law.
Sec. 504. If any provision of this Act or the application
of such provision to any person or circumstances shall be
held invalid, the remainder of the Act and the application of
each provision to persons or circumstances other than those
as to which it is held invalid shall not be affected thereby.
Sec. 505. None of the funds provided under this Act, or
provided under previous appropriations Acts to the agencies
funded by this Act that remain available for obligation or
expenditure in fiscal year 2020, or provided from any
accounts in the Treasury of the United States derived by the
collection of fees available to the agencies funded by this
Act, shall be available for obligation or expenditure through
a reprogramming of funds that: (1) creates or initiates a new
program, project, or activity; (2) eliminates a program,
project, or activity; (3) increases funds or personnel by any
means for any project or activity for which funds have been
denied or restricted; (4) relocates an office or employees;
(5) reorganizes or renames offices, programs, or activities;
(6) contracts out or privatizes any functions or activities
presently performed by Federal employees; (7) augments
existing programs, projects, or activities in excess of
$500,000 or 10 percent, whichever is less, or reduces by 10
percent funding for any program, project, or activity, or
numbers of personnel by 10 percent; or (8) results from any
general savings, including savings from a reduction in
personnel, which would result in a change in existing
programs, projects, or activities as approved by Congress;
unless the House and Senate Committees on Appropriations are
notified 15 days in advance of such reprogramming of funds.
Sec. 506. (a) If it has been finally determined by a court
or Federal agency that any person intentionally affixed a
label bearing a ``Made in America'' inscription, or any
inscription with the same meaning, to any product sold in or
shipped to the United States that is not made in the United
States, the person shall be ineligible to receive any
contract or subcontract made with funds made available in
this Act, pursuant to the debarment, suspension, and
ineligibility procedures described in sections 9.400 through
9.409 of title 48, Code of Federal Regulations.
(b)(1) To the extent practicable, with respect to
authorized purchases of promotional items, funds made
available by this Act shall be used to purchase items that
are manufactured, produced, or assembled in the United
States, its territories or possessions.
(2) The term ``promotional items'' has the meaning given
the term in OMB Circular A-87, Attachment B, Item (1)(f)(3).
Sec. 507. (a) The Departments of Commerce and Justice, the
National Science Foundation, and the National Aeronautics and
Space Administration shall provide to the Committees on
Appropriations of the House of Representatives and the Senate
a quarterly report on the status of balances of
appropriations at the account level. For unobligated,
uncommitted balances and unobligated, committed balances the
quarterly reports shall separately identify the amounts
attributable to each source year of appropriation from which
the balances were derived. For balances that are obligated,
but unexpended, the quarterly reports shall separately
identify amounts by the year of obligation.
(b) The report described in subsection (a) shall be
submitted within 30 days of the end of each quarter.
(c) If a department or agency is unable to fulfill any
aspect of a reporting requirement
[[Page H10348]]
described in subsection (a) due to a limitation of a current
accounting system, the department or agency shall fulfill
such aspect to the maximum extent practicable under such
accounting system and shall identify and describe in each
quarterly report the extent to which such aspect is not
fulfilled.
Sec. 508. Any costs incurred by a department or agency
funded under this Act resulting from, or to prevent,
personnel actions taken in response to funding reductions
included in this Act shall be absorbed within the total
budgetary resources available to such department or agency:
Provided, That the authority to transfer funds between
appropriations accounts as may be necessary to carry out this
section is provided in addition to authorities included
elsewhere in this Act: Provided further, That use of funds
to carry out this section shall be treated as a reprogramming
of funds under section 505 of this Act and shall not be
available for obligation or expenditure except in compliance
with the procedures set forth in that section: Provided
further, That for the Department of Commerce, this section
shall also apply to actions taken for the care and protection
of loan collateral or grant property.
Sec. 509. None of the funds provided by this Act shall be
available to promote the sale or export of tobacco or tobacco
products, or to seek the reduction or removal by any foreign
country of restrictions on the marketing of tobacco or
tobacco products, except for restrictions which are not
applied equally to all tobacco or tobacco products of the
same type.
Sec. 510. Notwithstanding any other provision of law,
amounts deposited or available in the Fund established by
section 1402 of chapter XIV of title II of Public Law 98-473
(34 U.S.C. 20101) in any fiscal year in excess of
$2,641,000,000 shall not be available for obligation until
the following fiscal year: Provided, That notwithstanding
section 1402(d) of such Act, of the amounts available from
the Fund for obligation: (1) $10,000,000 shall be transferred
to the Department of Justice Office of Inspector General and
remain available until expended for oversight and auditing
purposes associated with this section; and (2) 5 percent
shall be available to the Office for Victims of Crime for
grants, consistent with the requirements of the Victims of
Crime Act, to Indian tribes to improve services for victims
of crime.
Sec. 511. None of the funds made available to the
Department of Justice in this Act may be used to discriminate
against or denigrate the religious or moral beliefs of
students who participate in programs for which financial
assistance is provided from those funds, or of the parents or
legal guardians of such students.
Sec. 512. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality
of the United States Government, except pursuant to a
transfer made by, or transfer authority provided in, this Act
or any other appropriations Act.
Sec. 513. (a) The Inspectors General of the Department of
Commerce, the Department of Justice, the National Aeronautics
and Space Administration, the National Science Foundation,
and the Legal Services Corporation shall conduct audits,
pursuant to the Inspector General Act (5 U.S.C. App.), of
grants or contracts for which funds are appropriated by this
Act, and shall submit reports to Congress on the progress of
such audits, which may include preliminary findings and a
description of areas of particular interest, within 180 days
after initiating such an audit and every 180 days thereafter
until any such audit is completed.
(b) Within 60 days after the date on which an audit
described in subsection (a) by an Inspector General is
completed, the Secretary, Attorney General, Administrator,
Director, or President, as appropriate, shall make the
results of the audit available to the public on the Internet
website maintained by the Department, Administration,
Foundation, or Corporation, respectively. The results shall
be made available in redacted form to exclude--
(1) any matter described in section 552(b) of title 5,
United States Code; and
(2) sensitive personal information for any individual, the
public access to which could be used to commit identity theft
or for other inappropriate or unlawful purposes.
(c) Any person awarded a grant or contract funded by
amounts appropriated by this Act shall submit a statement to
the Secretary of Commerce, the Attorney General, the
Administrator, Director, or President, as appropriate,
certifying that no funds derived from the grant or contract
will be made available through a subcontract or in any other
manner to another person who has a financial interest in the
person awarded the grant or contract.
(d) The provisions of the preceding subsections of this
section shall take effect 30 days after the date on which the
Director of the Office of Management and Budget, in
consultation with the Director of the Office of Government
Ethics, determines that a uniform set of rules and
requirements, substantially similar to the requirements in
such subsections, consistently apply under the executive
branch ethics program to all Federal departments, agencies,
and entities.
Sec. 514. (a) None of the funds appropriated or otherwise
made available under this Act may be used by the Departments
of Commerce and Justice, the National Aeronautics and Space
Administration, or the National Science Foundation to acquire
a high-impact or moderate-impact information system, as
defined for security categorization in the National Institute
of Standards and Technology's (NIST) Federal Information
Processing Standard Publication 199, ``Standards for Security
Categorization of Federal Information and Information
Systems'' unless the agency has--
(1) reviewed the supply chain risk for the information
systems against criteria developed by NIST and the Federal
Bureau of Investigation (FBI) to inform acquisition decisions
for high-impact and moderate-impact information systems
within the Federal Government;
(2) reviewed the supply chain risk from the presumptive
awardee against available and relevant threat information
provided by the FBI and other appropriate agencies; and
(3) in consultation with the FBI or other appropriate
Federal entity, conducted an assessment of any risk of cyber-
espionage or sabotage associated with the acquisition of such
system, including any risk associated with such system being
produced, manufactured, or assembled by one or more entities
identified by the United States Government as posing a cyber
threat, including but not limited to, those that may be
owned, directed, or subsidized by the People's Republic of
China, the Islamic Republic of Iran, the Democratic People's
Republic of Korea, or the Russian Federation.
(b) None of the funds appropriated or otherwise made
available under this Act may be used to acquire a high-impact
or moderate-impact information system reviewed and assessed
under subsection (a) unless the head of the assessing entity
described in subsection (a) has--
(1) developed, in consultation with NIST, the FBI, and
supply chain risk management experts, a mitigation strategy
for any identified risks;
(2) determined, in consultation with NIST and the FBI, that
the acquisition of such system is in the national interest of
the United States; and
(3) reported that determination to the Committees on
Appropriations of the House of Representatives and the Senate
and the agency Inspector General.
Sec. 515. None of the funds made available in this Act
shall be used in any way whatsoever to support or justify the
use of torture by any official or contract employee of the
United States Government.
Sec. 516. None of the funds made available in this Act may
be used to include in any new bilateral or multilateral trade
agreement the text of--
(1) paragraph 2 of article 16.7 of the United States-
Singapore Free Trade Agreement;
(2) paragraph 4 of article 17.9 of the United States-
Australia Free Trade Agreement; or
(3) paragraph 4 of article 15.9 of the United States-
Morocco Free Trade Agreement.
Sec. 517. None of the funds made available in this Act may
be used to authorize or issue a national security letter in
contravention of any of the following laws authorizing the
Federal Bureau of Investigation to issue national security
letters: The Right to Financial Privacy Act of 1978; The
Electronic Communications Privacy Act of 1986; The Fair
Credit Reporting Act; The National Security Act of 1947; USA
PATRIOT Act; USA FREEDOM Act of 2015; and the laws amended by
these Acts.
Sec. 518. If at any time during any quarter, the program
manager of a project within the jurisdiction of the
Departments of Commerce or Justice, the National Aeronautics
and Space Administration, or the National Science Foundation
totaling more than $75,000,000 has reasonable cause to
believe that the total program cost has increased by 10
percent or more, the program manager shall immediately inform
the respective Secretary, Administrator, or Director. The
Secretary, Administrator, or Director shall notify the House
and Senate Committees on Appropriations within 30 days in
writing of such increase, and shall include in such notice:
the date on which such determination was made; a statement of
the reasons for such increases; the action taken and proposed
to be taken to control future cost growth of the project;
changes made in the performance or schedule milestones and
the degree to which such changes have contributed to the
increase in total program costs or procurement costs; new
estimates of the total project or procurement costs; and a
statement validating that the project's management structure
is adequate to control total project or procurement costs.
Sec. 519. Funds appropriated by this Act, or made
available by the transfer of funds in this Act, for
intelligence or intelligence related activities are deemed to
be specifically authorized by the Congress for purposes of
section 504 of the National Security Act of 1947 (50 U.S.C.
3094) during fiscal year 2020 until the enactment of the
Intelligence Authorization Act for fiscal year 2020.
Sec. 520. None of the funds appropriated or otherwise made
available by this Act may be used to enter into a contract in
an amount greater than $5,000,000 or to award a grant in
excess of such amount unless the prospective contractor or
grantee certifies in writing to the agency awarding the
contract or grant that, to the best of its knowledge and
belief, the contractor or grantee has filed all Federal tax
returns required during the three years preceding the
certification, has not been convicted of a criminal offense
under the Internal Revenue Code of 1986, and has not, more
than 90 days prior to certification, been notified of any
unpaid Federal tax assessment for which the liability remains
unsatisfied, unless the assessment is the subject of an
installment agreement or offer in
[[Page H10349]]
compromise that has been approved by the Internal Revenue
Service and is not in default, or the assessment is the
subject of a non-frivolous administrative or judicial
proceeding.
(rescissions)
Sec. 521. (a) Of the unobligated balances from prior year
appropriations available to the Department of Commerce, the
following funds are hereby rescinded, not later than
September 30, 2020, from the following accounts in the
specified amounts--
(1) ``Economic Development Administration, Economic
Development Assistance Programs'', $17,000,000; and
(2) ``National Oceanic and Atmospheric Administration,
Fisheries Enforcement Asset Forfeiture Fund'', $5,000,000.
(b) Of the unobligated balances available to the Department
of Justice, the following funds are hereby rescinded, not
later than September 30, 2020, from the following accounts in
the specified amounts--
(1) ``Working Capital Fund'', $107,000,000;
(2) ``Federal Bureau of Investigation, Salaries and
Expenses'', $71,974,000 including from, but not limited to,
fees collected to defray expenses for the automation of
fingerprint identification and criminal justice information
services and associated costs;
(3) ``Drug Enforcement Administration, Salaries and
Expenses'', $10,000,000;
(4) ``State and Local Law Enforcement Activities, Office of
Justice Programs'', $70,000,000; and
(5) ``State and Local Law Enforcement Activities, Community
Oriented Policing Services'', $13,000,000.
(c) Of the unobligated balances available to the National
Aeronautics and Space Administration from prior year
appropriations under the heading ``Science'', $70,000,000 is
hereby rescinded.
(d) The Departments of Commerce and Justice and the
National Aeronautics and Space Administration shall submit to
the Committees on Appropriations of the House of
Representatives and the Senate a report no later than
September 1, 2020, specifying the amount of each rescission
made pursuant to subsections (a), (b), and (c).
(e) The amounts rescinded in subsections (a), (b), and (c)
shall not be from amounts that were designated by the
Congress as an emergency or disaster relief requirement
pursuant to the concurrent resolution on the budget or the
Balanced Budget and Emergency Deficit Control Act of 1985.
Sec. 522. None of the funds made available in this Act may
be used to purchase first class or premium airline travel in
contravention of sections 301-10.122 through 301-10.124 of
title 41 of the Code of Federal Regulations.
Sec. 523. None of the funds made available in this Act may
be used to send or otherwise pay for the attendance of more
than 50 employees from a Federal department or agency, who
are stationed in the United States, at any single conference
occurring outside the United States unless--
(1) such conference is a law enforcement training or
operational conference for law enforcement personnel and the
majority of Federal employees in attendance are law
enforcement personnel stationed outside the United States; or
(2) such conference is a scientific conference and the
department or agency head determines that such attendance is
in the national interest and notifies the Committees on
Appropriations of the House of Representatives and the Senate
within at least 15 days of that determination and the basis
for that determination.
Sec. 524. The Director of the Office of Management and
Budget shall instruct any department, agency, or
instrumentality of the United States receiving funds
appropriated under this Act to track undisbursed balances in
expired grant accounts and include in its annual performance
plan and performance and accountability reports the
following:
(1) Details on future action the department, agency, or
instrumentality will take to resolve undisbursed balances in
expired grant accounts.
(2) The method that the department, agency, or
instrumentality uses to track undisbursed balances in expired
grant accounts.
(3) Identification of undisbursed balances in expired grant
accounts that may be returned to the Treasury of the United
States.
(4) In the preceding 3 fiscal years, details on the total
number of expired grant accounts with undisbursed balances
(on the first day of each fiscal year) for the department,
agency, or instrumentality and the total finances that have
not been obligated to a specific project remaining in the
accounts.
Sec. 525. To the extent practicable, funds made available
in this Act should be used to purchase light bulbs that are
``Energy Star'' qualified or have the ``Federal Energy
Management Program'' designation.
Sec. 526. (a) None of the funds made available by this Act
may be used for the National Aeronautics and Space
Administration (NASA), the Office of Science and Technology
Policy (OSTP), or the National Space Council (NSC) to
develop, design, plan, promulgate, implement, or execute a
bilateral policy, program, order, or contract of any kind to
participate, collaborate, or coordinate bilaterally in any
way with China or any Chinese-owned company unless such
activities are specifically authorized by a law enacted after
the date of enactment of this Act.
(b) None of the funds made available by this Act may be
used to effectuate the hosting of official Chinese visitors
at facilities belonging to or utilized by NASA.
(c) The limitations described in subsections (a) and (b)
shall not apply to activities which NASA, OSTP, or NSC, after
consultation with the Federal Bureau of Investigation, have
certified--
(1) pose no risk of resulting in the transfer of
technology, data, or other information with national security
or economic security implications to China or a Chinese-owned
company; and
(2) will not involve knowing interactions with officials
who have been determined by the United States to have direct
involvement with violations of human rights.
(d) Any certification made under subsection (c) shall be
submitted to the Committees on Appropriations of the House of
Representatives and the Senate, and the Federal Bureau of
Investigation, no later than 30 days prior to the activity in
question and shall include a description of the purpose of
the activity, its agenda, its major participants, and its
location and timing.
Sec. 527. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network
unless such network blocks the viewing, downloading, and
exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law
enforcement agency or any other entity carrying out criminal
investigations, prosecution, adjudication, or other law
enforcement- or victim assistance-related activity.
Sec. 528. The Departments of Commerce and Justice, the
National Aeronautics and Space Administration, the National
Science Foundation, the Commission on Civil Rights, the Equal
Employment Opportunity Commission, the International Trade
Commission, the Legal Services Corporation, the Marine Mammal
Commission, the Offices of Science and Technology Policy and
the United States Trade Representative, the National Space
Council, and the State Justice Institute shall submit
spending plans, signed by the respective department or agency
head, to the Committees on Appropriations of the House of
Representatives and the Senate within 45 days after the date
of enactment of this Act.
Sec. 529. Notwithstanding any other provision of this Act,
none of the funds appropriated or otherwise made available by
this Act may be used to pay award or incentive fees for
contractor performance that has been judged to be below
satisfactory performance or for performance that does not
meet the basic requirements of a contract.
Sec. 530. None of the funds made available by this Act may
be used in contravention of section 7606 (``Legitimacy of
Industrial Hemp Research'') of the Agricultural Act of 2014
(Public Law 113-79) by the Department of Justice or the Drug
Enforcement Administration.
Sec. 531. None of the funds made available under this Act
to the Department of Justice may be used, with respect to any
of the States of Alabama, Alaska, Arizona, Arkansas,
California, Colorado, Connecticut, Delaware, Florida,
Georgia, Hawaii, Illinois, Indiana, Iowa, Kentucky,
Louisiana, Maine, Maryland, Massachusetts, Michigan,
Minnesota, Mississippi, Missouri, Montana, Nevada, New
Hampshire, New Jersey, New Mexico, New York, North Carolina,
North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode
Island, South Carolina, Tennessee, Texas, Utah, Vermont,
Virginia, Washington, West Virginia, Wisconsin, and Wyoming,
or with respect to the District of Columbia, the Commonwealth
of the Northern Mariana Islands, the United States Virgin
Islands, Guam, or Puerto Rico, to prevent any of them from
implementing their own laws that authorize the use,
distribution, possession, or cultivation of medical
marijuana.
Sec. 532. The Department of Commerce, the National
Aeronautics and Space Administration, and the National
Science Foundation shall provide a quarterly report to the
Committees on Appropriations of the House of Representatives
and the Senate on any official travel to China by any
employee of such Department or agency, including the purpose
of such travel.
Sec. 533. Of the amounts made available by this Act, not
less than 10 percent of each total amount provided,
respectively, for Public Works grants authorized by the
Public Works and Economic Development Act of 1965 and grants
authorized by section 27 of the Stevenson-Wydler Technology
Innovation Act of 1980 (15 U.S.C. 3722) shall be allocated
for assistance in persistent poverty counties: Provided,
That for purposes of this section, the term ``persistent
poverty counties'' means any county that has had 20 percent
or more of its population living in poverty over the past 30
years, as measured by the 1990 and 2000 decennial censuses
and the most recent Small Area Income and Poverty Estimates,
or any territory or possession of the United States.
Sec. 534. None of the funds appropriated or otherwise made
available in this or any other Act may be used to transfer,
release, or assist in the transfer or release to or within
the United States, its territories, or possessions Khalid
Sheikh Mohammed or any other detainee who--
(1) is not a United States citizen or a member of the Armed
Forces of the United States; and
[[Page H10350]]
(2) is or was held on or after June 24, 2009, at the United
States Naval Station, Guantanamo Bay, Cuba, by the Department
of Defense.
Sec. 535. (a) None of the funds appropriated or otherwise
made available in this or any other Act may be used to
construct, acquire, or modify any facility in the United
States, its territories, or possessions to house any
individual described in subsection (c) for the purposes of
detention or imprisonment in the custody or under the
effective control of the Department of Defense.
(b) The prohibition in subsection (a) shall not apply to
any modification of facilities at United States Naval
Station, Guantanamo Bay, Cuba.
(c) An individual described in this subsection is any
individual who, as of June 24, 2009, is located at United
States Naval Station, Guantanamo Bay, Cuba, and who--
(1) is not a citizen of the United States or a member of
the Armed Forces of the United States; and
(2) is--
(A) in the custody or under the effective control of the
Department of Defense; or
(B) otherwise under detention at United States Naval
Station, Guantanamo Bay, Cuba.
Sec. 536. None of the funds provided in this Act shall be
available for obligation for the James Webb Space Telescope
(JWST) after December 31, 2020, if the individual identified
under subsection (c)(2)(E) of section 30104 of title 51,
United States Code, as responsible for JWST determines that
the formulation and development costs (with development cost
as defined under section 30104 of title 51, United States
Code) are likely to exceed $8,802,700,000, unless the program
is modified so that the costs do not exceed $8,802,700,000.
Sec. 537. (a) Notwithstanding any other provision of law or
treaty, none of the funds appropriated or otherwise made
available under this Act or any other Act may be expended or
obligated by a department, agency, or instrumentality of the
United States to pay administrative expenses or to compensate
an officer or employee of the United States in connection
with requiring an export license for the export to Canada of
components, parts, accessories or attachments for firearms
listed in Category I, section 121.1 of title 22, Code of
Federal Regulations (International Trafficking in Arms
Regulations (ITAR), part 121, as it existed on April 1, 2005)
with a total value not exceeding $500 wholesale in any
transaction, provided that the conditions of subsection (b)
of this section are met by the exporting party for such
articles.
(b) The foregoing exemption from obtaining an export
license--
(1) does not exempt an exporter from filing any Shipper's
Export Declaration or notification letter required by law, or
from being otherwise eligible under the laws of the United
States to possess, ship, transport, or export the articles
enumerated in subsection (a); and
(2) does not permit the export without a license of--
(A) fully automatic firearms and components and parts for
such firearms, other than for end use by the Federal
Government, or a Provincial or Municipal Government of
Canada;
(B) barrels, cylinders, receivers (frames) or complete
breech mechanisms for any firearm listed in Category I, other
than for end use by the Federal Government, or a Provincial
or Municipal Government of Canada; or
(C) articles for export from Canada to another foreign
destination.
(c) In accordance with this section, the District Directors
of Customs and postmasters shall permit the permanent or
temporary export without a license of any unclassified
articles specified in subsection (a) to Canada for end use in
Canada or return to the United States, or temporary import of
Canadian-origin items from Canada for end use in the United
States or return to Canada for a Canadian citizen.
(d) The President may require export licenses under this
section on a temporary basis if the President determines,
upon publication first in the Federal Register, that the
Government of Canada has implemented or maintained inadequate
import controls for the articles specified in subsection (a),
such that a significant diversion of such articles has and
continues to take place for use in international terrorism or
in the escalation of a conflict in another nation. The
President shall terminate the requirements of a license when
reasons for the temporary requirements have ceased.
Sec. 538. Notwithstanding any other provision of law, no
department, agency, or instrumentality of the United States
receiving appropriated funds under this Act or any other Act
shall obligate or expend in any way such funds to pay
administrative expenses or the compensation of any officer or
employee of the United States to deny any application
submitted pursuant to 22 U.S.C. 2778(b)(1)(B) and qualified
pursuant to 27 CFR section 478.112 or .113, for a permit to
import United States origin ``curios or relics'' firearms,
parts, or ammunition.
Sec. 539. None of the funds made available by this Act may
be used to pay the salaries or expenses of personnel to deny,
or fail to act on, an application for the importation of any
model of shotgun if--
(1) all other requirements of law with respect to the
proposed importation are met; and
(2) no application for the importation of such model of
shotgun, in the same configuration, had been denied by the
Attorney General prior to January 1, 2011, on the basis that
the shotgun was not particularly suitable for or readily
adaptable to sporting purposes.
Sec. 540. None of the funds made available by this Act may
be obligated or expended to implement the Arms Trade Treaty
until the Senate approves a resolution of ratification for
the Treaty.
This division may be cited as the ``Commerce, Justice,
Science, and Related Agencies Appropriations Act, 2020''.
DIVISION C--FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS
ACT, 2020
TITLE I
DEPARTMENT OF THE TREASURY
Departmental Offices
salaries and expenses
For necessary expenses of the Departmental Offices
including operation and maintenance of the Treasury Building
and Freedman's Bank Building; hire of passenger motor
vehicles; maintenance, repairs, and improvements of, and
purchase of commercial insurance policies for, real
properties leased or owned overseas, when necessary for the
performance of official business; executive direction program
activities; international affairs and economic policy
activities; domestic finance and tax policy activities,
including technical assistance to State, local, and
territorial entities; and Treasury-wide management policies
and programs activities, $228,373,000: Provided, That of the
amount appropriated under this heading--
(1) not to exceed $350,000 is for official reception and
representation expenses;
(2) not to exceed $258,000 is for unforeseen emergencies of
a confidential nature to be allocated and expended under the
direction of the Secretary of the Treasury and to be
accounted for solely on the Secretary's certificate; and
(3) not to exceed $24,000,000 shall remain available until
September 30, 2021, for--
(A) the Treasury-wide Financial Statement Audit and
Internal Control Program;
(B) information technology modernization requirements;
(C) the audit, oversight, and administration of the Gulf
Coast Restoration Trust Fund;
(D) the development and implementation of programs within
the Office of Critical Infrastructure Protection and
Compliance Policy, including entering into cooperative
agreements;
(E) operations and maintenance of facilities; and
(F) international operations.
committee on foreign investment in the united states fund
(including transfer of funds)
For necessary expenses of the Committee on Foreign
Investment in the United States, $20,000,000, to remain
available until expended: Provided, That the chairperson of
the Committee may transfer such amounts to any department or
agency represented on the Committee (including the Department
of the Treasury) subject to advance notification to the
Committees on Appropriations of the House of Representatives
and the Senate: Provided further, That amounts so
transferred shall remain available until expended for
expenses of implementing section 721 of the Defense
Production Act of 1950, as amended (50 U.S.C. 4565), and
shall be available in addition to any other funds available
to any department or agency: Provided further, That fees
authorized by section 721(p) of such Act shall be credited to
this appropriation as offsetting collections: Provided
further, That the total amount appropriated under this
heading from the general fund shall be reduced as such
offsetting collections are received during fiscal year 2020,
so as to result in a total appropriation from the general
fund estimated at not more than $10,000,000.
office of terrorism and financial intelligence
salaries and expenses
For the necessary expenses of the Office of Terrorism and
Financial Intelligence to safeguard the financial system
against illicit use and to combat rogue nations, terrorist
facilitators, weapons of mass destruction proliferators,
human rights abusers, money launderers, drug kingpins, and
other national security threats, $169,712,000, of which not
less than $3,000,000 shall be available for addressing human
rights violations and corruption, including activities
authorized by the Global Magnitsky Human Rights
Accountability Act (22 U.S.C. 2656 note): Provided, That of
the amounts appropriated under this heading, up to
$10,000,000 shall remain available until September 30, 2021.
cybersecurity enhancement account
For salaries and expenses for enhanced cybersecurity for
systems operated by the Department of the Treasury,
$18,000,000, to remain available until September 30, 2022:
Provided, That such funds shall supplement and not supplant
any other amounts made available to the Treasury offices and
bureaus for cybersecurity: Provided further, That of the
total amount made available under this heading $1,000,000
shall be available for administrative expenses for the
Treasury Chief Information Officer to provide oversight of
the investments made under this heading: Provided further,
That such funds shall supplement and not supplant any other
amounts made available to the Treasury Chief Information
Officer.
[[Page H10351]]
department-wide systems and capital investments programs
(including transfer of funds)
For development and acquisition of automatic data
processing equipment, software, and services and for repairs
and renovations to buildings owned by the Department of the
Treasury, $6,118,000, to remain available until September 30,
2022: Provided, That these funds shall be transferred to
accounts and in amounts as necessary to satisfy the
requirements of the Department's offices, bureaus, and other
organizations: Provided further, That this transfer
authority shall be in addition to any other transfer
authority provided in this Act: Provided further, That none
of the funds appropriated under this heading shall be used to
support or supplement ``Internal Revenue Service, Operations
Support'' or ``Internal Revenue Service, Business Systems
Modernization''.
office of inspector general
salaries and expenses
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, $41,044,000, including hire of passenger motor
vehicles; of which not to exceed $100,000 shall be available
for unforeseen emergencies of a confidential nature, to be
allocated and expended under the direction of the Inspector
General of the Treasury; of which up to $2,800,000 to remain
available until September 30, 2021, shall be for audits and
investigations conducted pursuant to section 1608 of the
Resources and Ecosystems Sustainability, Tourist
Opportunities, and Revived Economies of the Gulf Coast States
Act of 2012 (33 U.S.C. 1321 note); and of which not to exceed
$1,000 shall be available for official reception and
representation expenses.
treasury inspector general for tax administration
salaries and expenses
For necessary expenses of the Treasury Inspector General
for Tax Administration in carrying out the Inspector General
Act of 1978, as amended, including purchase and hire of
passenger motor vehicles (31 U.S.C. 1343(b)); and services
authorized by 5 U.S.C. 3109, at such rates as may be
determined by the Inspector General for Tax Administration;
$170,250,000, of which $5,000,000 shall remain available
until September 30, 2021; of which not to exceed $6,000,000
shall be available for official travel expenses; of which not
to exceed $500,000 shall be available for unforeseen
emergencies of a confidential nature, to be allocated and
expended under the direction of the Inspector General for Tax
Administration; and of which not to exceed $1,500 shall be
available for official reception and representation expenses.
special inspector general for the troubled asset relief program
salaries and expenses
For necessary expenses of the Office of the Special
Inspector General in carrying out the provisions of the
Emergency Economic Stabilization Act of 2008 (Public Law 110-
343), $22,000,000.
Financial Crimes Enforcement Network
salaries and expenses
For necessary expenses of the Financial Crimes Enforcement
Network, including hire of passenger motor vehicles; travel
and training expenses of non-Federal and foreign government
personnel to attend meetings and training concerned with
domestic and foreign financial intelligence activities, law
enforcement, and financial regulation; services authorized by
5 U.S.C. 3109; not to exceed $12,000 for official reception
and representation expenses; and for assistance to Federal
law enforcement agencies, with or without reimbursement,
$126,000,000, of which not to exceed $34,335,000 shall remain
available until September 30, 2022.
Bureau of the Fiscal Service
salaries and expenses
For necessary expenses of operations of the Bureau of the
Fiscal Service, $340,280,000; of which not to exceed
$8,000,000, to remain available until September 30, 2022, is
for information systems modernization initiatives; and of
which $5,000 shall be available for official reception and
representation expenses.
In addition, $165,000, to be derived from the Oil Spill
Liability Trust Fund to reimburse administrative and
personnel expenses for financial management of the Fund, as
authorized by section 1012 of Public Law 101-380.
Alcohol and Tobacco Tax and Trade Bureau
salaries and expenses
For necessary expenses of carrying out section 1111 of the
Homeland Security Act of 2002, including hire of passenger
motor vehicles, $119,600,000; of which not to exceed $6,000
for official reception and representation expenses; and of
which not to exceed $50,000 shall be available for
cooperative research and development programs for laboratory
services; and provision of laboratory assistance to State and
local agencies with or without reimbursement: Provided, That
of the amount appropriated under this heading, $5,000,000
shall be for the costs of accelerating the processing of
formula and label applications: Provided further, That of
the amount appropriated under this heading, $5,000,000, to
remain available until September 30, 2021, shall be for the
costs associated with enforcement of the trade practice
provisions of the Federal Alcohol Administration Act (27
U.S.C. 201 et seq.).
United States Mint
united states mint public enterprise fund
Pursuant to section 5136 of title 31, United States Code,
the United States Mint is provided funding through the United
States Mint Public Enterprise Fund for costs associated with
the production of circulating coins, numismatic coins, and
protective services, including both operating expenses and
capital investments: Provided, That the aggregate amount of
new liabilities and obligations incurred during fiscal year
2020 under such section 5136 for circulating coinage and
protective service capital investments of the United States
Mint shall not exceed $30,000,000.
Community Development Financial Institutions Fund Program Account
To carry out the Riegle Community Development and
Regulatory Improvement Act of 1994 (subtitle A of title I of
Public Law 103-325), including services authorized by section
3109 of title 5, United States Code, but at rates for
individuals not to exceed the per diem rate equivalent to the
rate for EX-III, $262,000,000. Of the amount appropriated
under this heading--
(1) not less than $165,500,000, notwithstanding section
108(e) of Public Law 103-325 (12 U.S.C. 4707(e)) with regard
to Small and/or Emerging Community Development Financial
Institutions Assistance awards, is available until September
30, 2021, for financial assistance and technical assistance
under subparagraphs (A) and (B) of section 108(a)(1),
respectively, of Public Law 103-325 (12 U.S.C. 4707(a)(1)(A)
and (B)), of which up to $1,600,000 may be available for
training and outreach under section 109 of Public Law 103-325
(12 U.S.C. 4708), of which up to $2,397,500 may be used for
the cost of direct loans, of which up to $4,000,000,
notwithstanding subsection (d) of section 108 of Public Law
103-325 (12 U.S.C. 4707 (d)), may be available to provide
financial assistance, technical assistance, training, and
outreach to community development financial institutions to
expand investments that benefit individuals with
disabilities, and of which not less than $2,000,000 shall be
for the Economic Mobility Corps to be operated in conjunction
with the Corporation for National and Community Service,
pursuant to 42 U.S.C. 12571: Provided, That the cost of
direct and guaranteed loans, including the cost of modifying
such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That
these funds are available to subsidize gross obligations for
the principal amount of direct loans not to exceed
$25,000,000: Provided further, That of the funds provided
under this paragraph, excluding those made to community
development financial institutions to expand investments that
benefit individuals with disabilities and those made to
community development financial institutions that serve
populations living in persistent poverty counties, the CDFI
Fund shall prioritize Financial Assistance awards to
organizations that invest and lend in high-poverty areas:
Provided further, That for purposes of this section, the term
``high-poverty area'' means any census tract with a poverty
rate of at least 20 percent as measured by the 2011-2015 5-
year data series available from the American Community Survey
of the Bureau of the Census for all States and Puerto Rico or
with a poverty rate of at least 20 percent as measured by the
2010 Island Areas Decennial Census data for any other
territory or possession of the United States;
(2) not less than $16,000,000, notwithstanding section
108(e) of Public Law 103-325 (12 U.S.C. 4707(e)), is
available until September 30, 2021, for financial assistance,
technical assistance, training, and outreach programs
designed to benefit Native American, Native Hawaiian, and
Alaska Native communities and provided primarily through
qualified community development lender organizations with
experience and expertise in community development banking and
lending in Indian country, Native American organizations,
tribes and tribal organizations, and other suitable
providers;
(3) not less than $25,000,000 is available until September
30, 2021, for the Bank Enterprise Award program;
(4) not less than $22,000,000, notwithstanding subsections
(d) and (e) of section 108 of Public Law 103-325 (12 U.S.C.
4707(d) and (e)), is available until September 30, 2021, for
a Healthy Food Financing Initiative to provide financial
assistance, technical assistance, training, and outreach to
community development financial institutions for the purpose
of offering affordable financing and technical assistance to
expand the availability of healthy food options in distressed
communities;
(5) not less than $5,000,000 is available until September
30, 2021, to provide grants for loan loss reserve funds and
to provide technical assistance for small dollar loan
programs under section 122 of Public Law 103-325 (12 U.S.C.
4719): Provided, That sections 108(d) and 122(b)(2) of such
Public Law shall not apply to the provision of such grants
and technical assistance;
(6) up to $28,500,000 is available until September 30,
2020, for administrative expenses, including administration
of CDFI Fund programs and the New Markets Tax Credit Program,
of which not less than $1,000,000 is for development of tools
to better assess and inform CDFI investment performance, and
up to $300,000 is for administrative expenses to carry out
the direct loan program; and
[[Page H10352]]
(7) during fiscal year 2020, none of the funds available
under this heading are available for the cost, as defined in
section 502 of the Congressional Budget Act of 1974, of
commitments to guarantee bonds and notes under section 114A
of the Riegle Community Development and Regulatory
Improvement Act of 1994 (12 U.S.C. 4713a): Provided, That
commitments to guarantee bonds and notes under such section
114A shall not exceed $500,000,000: Provided further, That
such section 114A shall remain in effect until December 31,
2020: Provided further, That of the funds awarded under this
heading, not less than 10 percent shall be used for awards
that support investments that serve populations living in
persistent poverty counties: Provided further, That for the
purposes of this paragraph and paragraph (1) the term
``persistent poverty counties'' means any county, including
county equivalent areas in Puerto Rico, that has had 20
percent or more of its population living in poverty over the
past 30 years, as measured by the 1990 and 2000 decennial
censuses and the 2011-2015 5-year data series available from
the American Community Survey of the Bureau of the Census or
any other territory or possession of the United States that
has had 20 percent or more of its population living in
poverty over the past 30 years, as measured by the 1990, 2000
and 2010 Island Areas Decennial Censuses, or equivalent data,
of the Bureau of the Census.
Internal Revenue Service
taxpayer services
For necessary expenses of the Internal Revenue Service to
provide taxpayer services, including pre-filing assistance
and education, filing and account services, taxpayer advocacy
services, and other services as authorized by 5 U.S.C. 3109,
at such rates as may be determined by the Commissioner,
$2,511,554,000, of which not less than $11,000,000 shall be
for the Tax Counseling for the Elderly Program, of which not
less than $12,000,000 shall be available for low-income
taxpayer clinic grants, of which not less than $25,000,000,
to remain available until September 30, 2021, shall be
available for the Community Volunteer Income Tax Assistance
Matching Grants Program for tax return preparation
assistance, and of which not less than $209,000,000 shall be
available for operating expenses of the Taxpayer Advocate
Service: Provided, That of the amounts made available for
the Taxpayer Advocate Service, not less than $5,500,000 shall
be for identity theft and refund fraud casework.
enforcement
For necessary expenses for tax enforcement activities of
the Internal Revenue Service to determine and collect owed
taxes, to provide legal and litigation support, to conduct
criminal investigations, to enforce criminal statutes related
to violations of internal revenue laws and other financial
crimes, to purchase and hire passenger motor vehicles (31
U.S.C. 1343(b)), and to provide other services as authorized
by 5 U.S.C. 3109, at such rates as may be determined by the
Commissioner, $5,010,000,000, of which not to exceed
$250,000,000 shall remain available until September 30, 2021;
of which not less than $60,257,000 shall be for the
Interagency Crime and Drug Enforcement program; and of which
not to exceed $15,000,000 shall be for investigative
technology for the Criminal Investigation Division:
Provided, That the amount made available for investigative
technology for the Criminal Investigation Division shall be
in addition to amounts made available for the Criminal
Investigation Division under the ``Operations Support''
heading.
operations support
For necessary expenses of the Internal Revenue Service to
support taxpayer services and enforcement programs, including
rent payments; facilities services; printing; postage;
physical security; headquarters and other IRS-wide
administration activities; research and statistics of income;
telecommunications; information technology development,
enhancement, operations, maintenance, and security; the hire
of passenger motor vehicles (31 U.S.C. 1343(b)); the
operations of the Internal Revenue Service Oversight Board;
and other services as authorized by 5 U.S.C. 3109, at such
rates as may be determined by the Commissioner;
$3,808,500,000, of which not to exceed $250,000,000 shall
remain available until September 30, 2021; of which not to
exceed $10,000,000 shall remain available until expended for
acquisition of equipment and construction, repair and
renovation of facilities; of which not to exceed $1,000,000
shall remain available until September 30, 2022, for
research; of which not less than $10,000,000, to remain
available until expended, shall be available for
establishment of an application through which entities
registering and renewing registrations in the System for
Award Management may request an authenticated electronic
certification stating that the entity does or does not have a
seriously delinquent tax debt; and of which not to exceed
$20,000 shall be for official reception and representation
expenses: Provided, That not later than 30 days after the
end of each quarter, the Internal Revenue Service shall
submit a report to the Committees on Appropriations of the
House of Representatives and the Senate and the Comptroller
General of the United States detailing the cost and schedule
performance for its major information technology investments,
including the purpose and life-cycle stages of the
investments; the reasons for any cost and schedule variances;
the risks of such investments and strategies the Internal
Revenue Service is using to mitigate such risks; and the
expected developmental milestones to be achieved and costs to
be incurred in the next quarter: Provided further, That the
Internal Revenue Service shall include, in its budget
justification for fiscal year 2021, a summary of cost and
schedule performance information for its major information
technology systems.
business systems modernization
For necessary expenses of the Internal Revenue Service's
business systems modernization program, $180,000,000, to
remain available until September 30, 2022, for the capital
asset acquisition of information technology systems,
including management and related contractual costs of said
acquisitions, including related Internal Revenue Service
labor costs, and contractual costs associated with operations
authorized by 5 U.S.C. 3109: Provided, That not later than
30 days after the end of each quarter, the Internal Revenue
Service shall submit a report to the Committees on
Appropriations of the House of Representatives and the Senate
and the Comptroller General of the United States detailing
the cost and schedule performance for major information
technology investments, including the purposes and life-cycle
stages of the investments; the reasons for any cost and
schedule variances; the risks of such investments and the
strategies the Internal Revenue Service is using to mitigate
such risks; and the expected developmental milestones to be
achieved and costs to be incurred in the next quarter.
administrative provisions--internal revenue service
(including transfer of funds)
Sec. 101. Not to exceed 4 percent of the appropriation
made available in this Act to the Internal Revenue Service
under the ``Enforcement'' heading, and not to exceed 5
percent of any other appropriation made available in this Act
to the Internal Revenue Service, may be transferred to any
other Internal Revenue Service appropriation upon the advance
approval of the Committees on Appropriations of the House of
Representatives and the Senate.
Sec. 102. The Internal Revenue Service shall maintain an
employee training program, which shall include the following
topics: taxpayers' rights, dealing courteously with
taxpayers, cross-cultural relations, ethics, and the
impartial application of tax law.
Sec. 103. The Internal Revenue Service shall institute and
enforce policies and procedures that will safeguard the
confidentiality of taxpayer information and protect taxpayers
against identity theft.
Sec. 104. Funds made available by this or any other Act to
the Internal Revenue Service shall be available for improved
facilities and increased staffing to provide sufficient and
effective 1-800 help line service for taxpayers. The
Commissioner shall continue to make improvements to the
Internal Revenue Service 1-800 help line service a priority
and allocate resources necessary to enhance the response time
to taxpayer communications, particularly with regard to
victims of tax-related crimes.
Sec. 105. The Internal Revenue Service shall issue a
notice of confirmation of any address change relating to an
employer making employment tax payments, and such notice
shall be sent to both the employer's former and new address
and an officer or employee of the Internal Revenue Service
shall give special consideration to an offer-in-compromise
from a taxpayer who has been the victim of fraud by a third
party payroll tax preparer.
Sec. 106. None of the funds made available under this Act
may be used by the Internal Revenue Service to target
citizens of the United States for exercising any right
guaranteed under the First Amendment to the Constitution of
the United States.
Sec. 107. None of the funds made available in this Act may
be used by the Internal Revenue Service to target groups for
regulatory scrutiny based on their ideological beliefs.
Sec. 108. None of funds made available by this Act to the
Internal Revenue Service shall be obligated or expended on
conferences that do not adhere to the procedures,
verification processes, documentation requirements, and
policies issued by the Chief Financial Officer, Human Capital
Office, and Agency-Wide Shared Services as a result of the
recommendations in the report published on May 31, 2013, by
the Treasury Inspector General for Tax Administration
entitled ``Review of the August 2010 Small Business/Self-
Employed Division's Conference in Anaheim, California''
(Reference Number 2013-10-037).
Sec. 109. None of the funds made available in this Act to
the Internal Revenue Service may be obligated or expended--
(1) to make a payment to any employee under a bonus, award,
or recognition program; or
(2) under any hiring or personnel selection process with
respect to re-hiring a former employee;
unless such program or process takes into account the conduct
and Federal tax compliance of such employee or former
employee.
Sec. 110. None of the funds made available by this Act may
be used in contravention of section 6103 of the Internal
Revenue Code of 1986 (relating to confidentiality and
disclosure of returns and return information).
[[Page H10353]]
Administrative Provisions--Department of the Treasury
(including transfers of funds)
Sec. 111. Appropriations to the Department of the Treasury
in this Act shall be available for uniforms or allowances
therefor, as authorized by law (5 U.S.C. 5901), including
maintenance, repairs, and cleaning; purchase of insurance for
official motor vehicles operated in foreign countries;
purchase of motor vehicles without regard to the general
purchase price limitations for vehicles purchased and used
overseas for the current fiscal year; entering into contracts
with the Department of State for the furnishing of health and
medical services to employees and their dependents serving in
foreign countries; and services authorized by 5 U.S.C. 3109.
Sec. 112. Not to exceed 2 percent of any appropriations in
this title made available under the headings ``Departmental
Offices--Salaries and Expenses'', ``Office of Inspector
General'', ``Special Inspector General for the Troubled Asset
Relief Program'', ``Financial Crimes Enforcement Network'',
``Bureau of the Fiscal Service'', and ``Alcohol and Tobacco
Tax and Trade Bureau'' may be transferred between such
appropriations upon the advance approval of the Committees on
Appropriations of the House of Representatives and the
Senate: Provided, That no transfer under this section may
increase or decrease any such appropriation by more than 2
percent.
Sec. 113. Not to exceed 2 percent of any appropriation
made available in this Act to the Internal Revenue Service
may be transferred to the Treasury Inspector General for Tax
Administration's appropriation upon the advance approval of
the Committees on Appropriations of the House of
Representatives and the Senate: Provided, That no transfer
may increase or decrease any such appropriation by more than
2 percent.
Sec. 114. None of the funds appropriated in this Act or
otherwise available to the Department of the Treasury or the
Bureau of Engraving and Printing may be used to redesign the
$1 Federal Reserve note.
Sec. 115. The Secretary of the Treasury may transfer funds
from the ``Bureau of the Fiscal Service--Salaries and
Expenses'' to the Debt Collection Fund as necessary to cover
the costs of debt collection: Provided, That such amounts
shall be reimbursed to such salaries and expenses account
from debt collections received in the Debt Collection Fund.
Sec. 116. None of the funds appropriated or otherwise made
available by this or any other Act may be used by the United
States Mint to construct or operate any museum without the
explicit approval of the Committees on Appropriations of the
House of Representatives and the Senate, the House Committee
on Financial Services, and the Senate Committee on Banking,
Housing, and Urban Affairs.
Sec. 117. None of the funds appropriated or otherwise made
available by this or any other Act or source to the
Department of the Treasury, the Bureau of Engraving and
Printing, and the United States Mint, individually or
collectively, may be used to consolidate any or all functions
of the Bureau of Engraving and Printing and the United States
Mint without the explicit approval of the House Committee on
Financial Services; the Senate Committee on Banking, Housing,
and Urban Affairs; and the Committees on Appropriations of
the House of Representatives and the Senate.
Sec. 118. Funds appropriated by this Act, or made
available by the transfer of funds in this Act, for the
Department of the Treasury's intelligence or intelligence
related activities are deemed to be specifically authorized
by the Congress for purposes of section 504 of the National
Security Act of 1947 (50 U.S.C. 414) during fiscal year 2020
until the enactment of the Intelligence Authorization Act for
Fiscal Year 2020.
Sec. 119. Not to exceed $5,000 shall be made available
from the Bureau of Engraving and Printing's Industrial
Revolving Fund for necessary official reception and
representation expenses.
Sec. 120. The Secretary of the Treasury shall submit a
Capital Investment Plan to the Committees on Appropriations
of the Senate and the House of Representatives not later than
30 days following the submission of the annual budget
submitted by the President: Provided, That such Capital
Investment Plan shall include capital investment spending
from all accounts within the Department of the Treasury,
including but not limited to the Department-wide Systems and
Capital Investment Programs account, Treasury Franchise Fund
account, and the Treasury Forfeiture Fund account: Provided
further, That such Capital Investment Plan shall include
expenditures occurring in previous fiscal years for each
capital investment project that has not been fully completed.
Sec. 121. Within 45 days after the date of enactment of
this Act, the Secretary of the Treasury shall submit an
itemized report to the Committees on Appropriations of the
House of Representatives and the Senate on the amount of
total funds charged to each office by the Franchise Fund
including the amount charged for each service provided by the
Franchise Fund to each office, a detailed description of the
services, a detailed explanation of how each charge for each
service is calculated, and a description of the role
customers have in governing in the Franchise Fund.
Sec. 122. During fiscal year 2020--
(1) none of the funds made available in this or any other
Act may be used by the Department of the Treasury, including
the Internal Revenue Service, to issue, revise, or finalize
any regulation, revenue ruling, or other guidance not limited
to a particular taxpayer relating to the standard which is
used to determine whether an organization is operated
exclusively for the promotion of social welfare for purposes
of section 501(c)(4) of the Internal Revenue Code of 1986
(including the proposed regulations published at 78 Fed. Reg.
71535 (November 29, 2013)); and
(2) the standard and definitions as in effect on January 1,
2010, which are used to make such determinations shall apply
after the date of the enactment of this Act for purposes of
determining status under section 501(c)(4) of such Code of
organizations created on, before, or after such date.
Sec. 123. (a) Not later than 60 days after the end of each
quarter, the Office of Financial Stability and the Office of
Financial Research shall submit reports on their activities
to the Committees on Appropriations of the House of
Representatives and the Senate, the Committee on Financial
Services of the House of Representatives and the Senate
Committee on Banking, Housing, and Urban Affairs.
(b) The reports required under subsection (a) shall
include--
(1) the obligations made during the previous quarter by
object class, office, and activity;
(2) the estimated obligations for the remainder of the
fiscal year by object class, office, and activity;
(3) the number of full-time equivalents within each office
during the previous quarter;
(4) the estimated number of full-time equivalents within
each office for the remainder of the fiscal year; and
(5) actions taken to achieve the goals, objectives, and
performance measures of each office.
(c) At the request of any such Committees specified in
subsection (a), the Office of Financial Stability and the
Office of Financial Research shall make officials available
to testify on the contents of the reports required under
subsection (a).
Sec. 124. In addition to the amounts otherwise made
available to the Department of the Treasury, $25,000,000, to
remain available until expended, shall be for expenses
associated with digitization and distribution of the
Department's records of matured savings bonds that have not
been redeemed.
This title may be cited as the ``Department of the Treasury
Appropriations Act, 2020''.
TITLE II
EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE
PRESIDENT
The White House
salaries and expenses
For necessary expenses for the White House as authorized by
law, including not to exceed $3,850,000 for services as
authorized by 5 U.S.C. 3109 and 3 U.S.C. 105; subsistence
expenses as authorized by 3 U.S.C. 105, which shall be
expended and accounted for as provided in that section; hire
of passenger motor vehicles, and travel (not to exceed
$100,000 to be expended and accounted for as provided by 3
U.S.C. 103); and not to exceed $19,000 for official reception
and representation expenses, to be available for allocation
within the Executive Office of the President; and for
necessary expenses of the Office of Policy Development,
including services as authorized by 5 U.S.C. 3109 and 3
U.S.C. 107, $55,000,000.
Executive Residence at the White House
operating expenses
For necessary expenses of the Executive Residence at the
White House, $13,081,000, to be expended and accounted for as
provided by 3 U.S.C. 105, 109, 110, and 112-114.
reimbursable expenses
For the reimbursable expenses of the Executive Residence at
the White House, such sums as may be necessary: Provided,
That all reimbursable operating expenses of the Executive
Residence shall be made in accordance with the provisions of
this paragraph: Provided further, That, notwithstanding any
other provision of law, such amount for reimbursable
operating expenses shall be the exclusive authority of the
Executive Residence to incur obligations and to receive
offsetting collections, for such expenses: Provided further,
That the Executive Residence shall require each person
sponsoring a reimbursable political event to pay in advance
an amount equal to the estimated cost of the event, and all
such advance payments shall be credited to this account and
remain available until expended: Provided further, That the
Executive Residence shall require the national committee of
the political party of the President to maintain on deposit
$25,000, to be separately accounted for and available for
expenses relating to reimbursable political events sponsored
by such committee during such fiscal year: Provided further,
That the Executive Residence shall ensure that a written
notice of any amount owed for a reimbursable operating
expense under this paragraph is submitted to the person owing
such amount within 60 days after such expense is incurred,
and that such amount is collected within 30 days after the
submission of such notice: Provided further, That the
Executive Residence shall charge interest and assess
penalties and other charges on any such amount that is not
reimbursed within
[[Page H10354]]
such 30 days, in accordance with the interest and penalty
provisions applicable to an outstanding debt on a United
States Government claim under 31 U.S.C. 3717: Provided
further, That each such amount that is reimbursed, and any
accompanying interest and charges, shall be deposited in the
Treasury as miscellaneous receipts: Provided further, That
the Executive Residence shall prepare and submit to the
Committees on Appropriations, by not later than 90 days after
the end of the fiscal year covered by this Act, a report
setting forth the reimbursable operating expenses of the
Executive Residence during the preceding fiscal year,
including the total amount of such expenses, the amount of
such total that consists of reimbursable official and
ceremonial events, the amount of such total that consists of
reimbursable political events, and the portion of each such
amount that has been reimbursed as of the date of the report:
Provided further, That the Executive Residence shall
maintain a system for the tracking of expenses related to
reimbursable events within the Executive Residence that
includes a standard for the classification of any such
expense as political or nonpolitical: Provided further, That
no provision of this paragraph may be construed to exempt the
Executive Residence from any other applicable requirement of
subchapter I or II of chapter 37 of title 31, United States
Code.
White House Repair and Restoration
For the repair, alteration, and improvement of the
Executive Residence at the White House pursuant to 3 U.S.C.
105(d), $750,000, to remain available until expended, for
required maintenance, resolution of safety and health issues,
and continued preventative maintenance.
Council of Economic Advisers
salaries and expenses
For necessary expenses of the Council of Economic Advisers
in carrying out its functions under the Employment Act of
1946 (15 U.S.C. 1021 et seq.), $4,000,000.
National Security Council and Homeland Security Council
salaries and expenses
For necessary expenses of the National Security Council and
the Homeland Security Council, including services as
authorized by 5 U.S.C. 3109, $11,500,000 of which not to
exceed $5,000 shall be available for official reception and
representation expenses.
Office of Administration
salaries and expenses
For necessary expenses of the Office of Administration,
including services as authorized by 5 U.S.C. 3109 and 3
U.S.C. 107, and hire of passenger motor vehicles,
$94,000,000, of which not to exceed $12,800,000 shall remain
available until expended for continued modernization of
information resources within the Executive Office of the
President.
Office of Management and Budget
salaries and expenses
For necessary expenses of the Office of Management and
Budget, including hire of passenger motor vehicles and
services as authorized by 5 U.S.C. 3109, to carry out the
provisions of chapter 35 of title 44, United States Code, and
to prepare and submit the budget of the United States
Government, in accordance with section 1105(a) of title 31,
United States Code, $101,600,000, of which not to exceed
$3,000 shall be available for official representation
expenses: Provided, That none of the funds appropriated in
this Act for the Office of Management and Budget may be used
for the purpose of reviewing any agricultural marketing
orders or any activities or regulations under the provisions
of the Agricultural Marketing Agreement Act of 1937 (7 U.S.C.
601 et seq.): Provided further, That none of the funds made
available for the Office of Management and Budget by this Act
may be expended for the altering of the transcript of actual
testimony of witnesses, except for testimony of officials of
the Office of Management and Budget, before the Committees on
Appropriations or their subcommittees: Provided further,
That none of the funds made available for the Office of
Management and Budget by this Act may be expended for the
altering of the annual work plan developed by the Corps of
Engineers for submission to the Committees on Appropriations:
Provided further, That none of the funds provided in this or
prior Acts shall be used, directly or indirectly, by the
Office of Management and Budget, for evaluating or
determining if water resource project or study reports
submitted by the Chief of Engineers acting through the
Secretary of the Army are in compliance with all applicable
laws, regulations, and requirements relevant to the Civil
Works water resource planning process: Provided further,
That the Office of Management and Budget shall have not more
than 60 days in which to perform budgetary policy reviews of
water resource matters on which the Chief of Engineers has
reported: Provided further, That the Director of the Office
of Management and Budget shall notify the appropriate
authorizing and appropriating committees when the 60-day
review is initiated: Provided further, That if water
resource reports have not been transmitted to the appropriate
authorizing and appropriating committees within 15 days after
the end of the Office of Management and Budget review period
based on the notification from the Director, Congress shall
assume Office of Management and Budget concurrence with the
report and act accordingly.
Intellectual Property Enforcement Coordinator
For necessary expenses of the Office of the Intellectual
Property Enforcement Coordinator, as authorized by title III
of the Prioritizing Resources and Organization for
Intellectual Property Act of 2008 (Public Law 110-403),
including services authorized by 5 U.S.C. 3109, $1,300,000.
Office of National Drug Control Policy
salaries and expenses
For necessary expenses of the Office of National Drug
Control Policy; for research activities pursuant to the
Office of National Drug Control Policy Reauthorization Act of
1998, as amended through Public Law 115-271; not to exceed
$10,000 for official reception and representation expenses;
and for participation in joint projects or in the provision
of services on matters of mutual interest with nonprofit,
research, or public organizations or agencies, with or
without reimbursement, $18,400,000: Provided, That the
Office is authorized to accept, hold, administer, and utilize
gifts, both real and personal, public and private, without
fiscal year limitation, for the purpose of aiding or
facilitating the work of the Office.
federal drug control programs
high intensity drug trafficking areas program
(including transfers of funds)
For necessary expenses of the Office of National Drug
Control Policy's High Intensity Drug Trafficking Areas
Program, $285,000,000, to remain available until September
30, 2021, for drug control activities consistent with the
approved strategy for each of the designated High Intensity
Drug Trafficking Areas (``HIDTAs''), of which not less than
51 percent shall be transferred to State and local entities
for drug control activities and shall be obligated not later
than 120 days after enactment of this Act: Provided, That up
to 49 percent may be transferred to Federal agencies and
departments in amounts determined by the Director of the
Office of National Drug Control Policy, of which up to
$2,700,000 may be used for auditing services and associated
activities: Provided further, That any unexpended funds
obligated prior to fiscal year 2018 may be used for any other
approved activities of that HIDTA, subject to reprogramming
requirements: Provided further, That each HIDTA designated
as of September 30, 2019, shall be funded at not less than
the fiscal year 2019 base level, unless the Director submits
to the Committees on Appropriations of the House of
Representatives and the Senate justification for changes to
those levels based on clearly articulated priorities and
published Office of National Drug Control Policy performance
measures of effectiveness: Provided further, That the
Director shall notify the Committees on Appropriations of the
initial allocation of fiscal year 2020 funding among HIDTAs
not later than 45 days after enactment of this Act, and shall
notify the Committees of planned uses of discretionary HIDTA
funding, as determined in consultation with the HIDTA
Directors, not later than 90 days after enactment of this
Act: Provided further, That upon a determination that all or
part of the funds so transferred from this appropriation are
not necessary for the purposes provided herein and upon
notification to the Committees on Appropriations of the House
of Representatives and the Senate, such amounts may be
transferred back to this appropriation.
other federal drug control programs
(including transfers of funds)
For other drug control activities authorized by the
National Narcotics Leadership Act of 1988 and the Office of
National Drug Control Policy Reauthorization Act of 1998, as
amended through Public Law 115-271, $121,715,000, to remain
available until expended, which shall be available as
follows: $101,250,000 for the Drug-Free Communities Program,
of which $2,500,000 shall be made available as directed by
section 4 of Public Law 107-82, as amended by section 8204 of
Public Law 115-271; $2,500,000 for drug court training and
technical assistance; $10,000,000 for anti-doping activities;
$2,715,000 for the United States membership dues to the World
Anti-Doping Agency; $1,250,000 for the Model Acts Program;
and $4,000,000 for activities authorized by section 103 of
Public Law 114-198: Provided, That amounts made available
under this heading may be transferred to other Federal
departments and agencies to carry out such activities.
Unanticipated Needs
For expenses necessary to enable the President to meet
unanticipated needs, in furtherance of the national interest,
security, or defense which may arise at home or abroad during
the current fiscal year, as authorized by 3 U.S.C. 108,
$1,000,000, to remain available until September 30, 2021.
Information Technology Oversight and Reform
(including transfer of funds)
For necessary expenses for the furtherance of integrated,
efficient, secure, and effective uses of information
technology in the Federal Government, $15,000,000, to remain
available until expended: Provided, That the Director of the
Office of Management and Budget may transfer these funds to
one or more other agencies to carry out projects to meet
these purposes.
[[Page H10355]]
Special Assistance to the President
salaries and expenses
For necessary expenses to enable the Vice President to
provide assistance to the President in connection with
specially assigned functions; services as authorized by 5
U.S.C. 3109 and 3 U.S.C. 106, including subsistence expenses
as authorized by 3 U.S.C. 106, which shall be expended and
accounted for as provided in that section; and hire of
passenger motor vehicles, $4,288,000.
Official Residence of the Vice President
operating expenses
(including transfer of funds)
For the care, operation, refurnishing, improvement, and to
the extent not otherwise provided for, heating and lighting,
including electric power and fixtures, of the official
residence of the Vice President; the hire of passenger motor
vehicles; and not to exceed $90,000 pursuant to 3 U.S.C.
106(b)(2), $302,000: Provided, That advances, repayments, or
transfers from this appropriation may be made to any
department or agency for expenses of carrying out such
activities.
Administrative Provisions--Executive Office of the President and Funds
Appropriated to the President
(including transfer of funds)
Sec. 201. From funds made available in this Act under the
headings ``The White House'', ``Executive Residence at the
White House'', ``White House Repair and Restoration'',
``Council of Economic Advisers'', ``National Security Council
and Homeland Security Council'', ``Office of
Administration'', ``Special Assistance to the President'',
and ``Official Residence of the Vice President'', the
Director of the Office of Management and Budget (or such
other officer as the President may designate in writing),
may, with advance approval of the Committees on
Appropriations of the House of Representatives and the
Senate, transfer not to exceed 10 percent of any such
appropriation to any other such appropriation, to be merged
with and available for the same time and for the same
purposes as the appropriation to which transferred:
Provided, That the amount of an appropriation shall not be
increased by more than 50 percent by such transfers:
Provided further, That no amount shall be transferred from
``Special Assistance to the President'' or ``Official
Residence of the Vice President'' without the approval of the
Vice President.
Sec. 202. (a) During fiscal year 2020, any Executive order
or Presidential memorandum issued or revoked by the President
shall be accompanied by a written statement from the Director
of the Office of Management and Budget on the budgetary
impact, including costs, benefits, and revenues, of such
order or memorandum.
(b) Any such statement shall include--
(1) a narrative summary of the budgetary impact of such
order or memorandum on the Federal Government;
(2) the impact on mandatory and discretionary obligations
and outlays as the result of such order or memorandum, listed
by Federal agency, for each year in the 5-fiscal-year period
beginning in fiscal year 2020; and
(3) the impact on revenues of the Federal Government as the
result of such order or memorandum over the 5-fiscal-year
period beginning in fiscal year 2020.
(c) If an Executive order or Presidential memorandum is
issued during fiscal year 2020 due to a national emergency,
the Director of the Office of Management and Budget may issue
the statement required by subsection (a) not later than 15
days after the date that such order or memorandum is issued.
(d) The requirement for cost estimates for Presidential
memoranda shall only apply for Presidential memoranda
estimated to have a regulatory cost in excess of
$100,000,000.
Sec. 203. Not later than 45 days after the date of
enactment of this Act, the Director of the Office of
Management and Budget shall issue a memorandum to all Federal
departments, agencies, and corporations directing compliance
with the provisions in title VII of this Act.
This title may be cited as the ``Executive Office of the
President Appropriations Act, 2020''.
TITLE III
THE JUDICIARY
Supreme Court of the United States
salaries and expenses
For expenses necessary for the operation of the Supreme
Court, as required by law, excluding care of the building and
grounds, including hire of passenger motor vehicles as
authorized by 31 U.S.C. 1343 and 1344; not to exceed $10,000
for official reception and representation expenses; and for
miscellaneous expenses, to be expended as the Chief Justice
may approve, $87,699,000, of which $1,500,000 shall remain
available until expended.
In addition, there are appropriated such sums as may be
necessary under current law for the salaries of the chief
justice and associate justices of the court.
care of the building and grounds
For such expenditures as may be necessary to enable the
Architect of the Capitol to carry out the duties imposed upon
the Architect by 40 U.S.C. 6111 and 6112, $15,590,000, to
remain available until expended.
United States Court of Appeals for the Federal Circuit
salaries and expenses
For salaries of officers and employees, and for necessary
expenses of the court, as authorized by law, $32,700,000.
In addition, there are appropriated such sums as may be
necessary under current law for the salaries of the chief
judge and judges of the court.
United States Court of International Trade
salaries and expenses
For salaries of officers and employees of the court,
services, and necessary expenses of the court, as authorized
by law, $19,564,000.
In addition, there are appropriated such sums as may be
necessary under current law for the salaries of the chief
judge and judges of the court.
Courts of Appeals, District Courts, and Other Judicial Services
salaries and expenses
For the salaries of judges of the United States Court of
Federal Claims, magistrate judges, and all other officers and
employees of the Federal Judiciary not otherwise specifically
provided for, necessary expenses of the courts, and the
purchase, rental, repair, and cleaning of uniforms for
Probation and Pretrial Services Office staff, as authorized
by law, $5,250,234,000 (including the purchase of firearms
and ammunition); of which not to exceed $27,817,000 shall
remain available until expended for space alteration projects
and for furniture and furnishings related to new space
alteration and construction projects.
In addition, there are appropriated such sums as may be
necessary under current law for the salaries of circuit and
district judges (including judges of the territorial courts
of the United States), bankruptcy judges, and justices and
judges retired from office or from regular active service.
In addition, for expenses of the United States Court of
Federal Claims associated with processing cases under the
National Childhood Vaccine Injury Act of 1986 (Public Law 99-
660), not to exceed $9,070,000, to be appropriated from the
Vaccine Injury Compensation Trust Fund.
defender services
For the operation of Federal Defender organizations; the
compensation and reimbursement of expenses of attorneys
appointed to represent persons under 18 U.S.C. 3006A and
3599, and for the compensation and reimbursement of expenses
of persons furnishing investigative, expert, and other
services for such representations as authorized by law; the
compensation (in accordance with the maximums under 18 U.S.C.
3006A) and reimbursement of expenses of attorneys appointed
to assist the court in criminal cases where the defendant has
waived representation by counsel; the compensation and
reimbursement of expenses of attorneys appointed to represent
jurors in civil actions for the protection of their
employment, as authorized by 28 U.S.C. 1875(d)(1); the
compensation and reimbursement of expenses of attorneys
appointed under 18 U.S.C. 983(b)(1) in connection with
certain judicial civil forfeiture proceedings; the
compensation and reimbursement of travel expenses of
guardians ad litem appointed under 18 U.S.C. 4100(b); and for
necessary training and general administrative expenses,
$1,234,574,000 to remain available until expended.
fees of jurors and commissioners
For fees and expenses of jurors as authorized by 28 U.S.C.
1871 and 1876; compensation of jury commissioners as
authorized by 28 U.S.C. 1863; and compensation of
commissioners appointed in condemnation cases pursuant to
rule 71.1(h) of the Federal Rules of Civil Procedure (28
U.S.C. Appendix Rule 71.1(h)), $53,545,000, to remain
available until expended: Provided, That the compensation of
land commissioners shall not exceed the daily equivalent of
the highest rate payable under 5 U.S.C. 5332.
court security
(including transfer of funds)
For necessary expenses, not otherwise provided for,
incident to the provision of protective guard services for
United States courthouses and other facilities housing
Federal court operations, and the procurement, installation,
and maintenance of security systems and equipment for United
States courthouses and other facilities housing Federal court
operations, including building ingress-egress control,
inspection of mail and packages, directed security patrols,
perimeter security, basic security services provided by the
Federal Protective Service, and other similar activities as
authorized by section 1010 of the Judicial Improvement and
Access to Justice Act (Public Law 100-702), $639,165,000, of
which not to exceed $20,000,000 shall remain available until
expended, to be expended directly or transferred to the
United States Marshals Service, which shall be responsible
for administering the Judicial Facility Security Program
consistent with standards or guidelines agreed to by the
Director of the Administrative Office of the United States
Courts and the Attorney General.
Administrative Office of the United States Courts
salaries and expenses
For necessary expenses of the Administrative Office of the
United States Courts as authorized by law, including travel
as authorized by 31 U.S.C. 1345, hire of a passenger motor
vehicle as authorized by 31 U.S.C. 1343(b), advertising and
rent in the District of Columbia and elsewhere, $94,261,000,
of which not to exceed $8,500 is authorized for official
reception and representation expenses.
[[Page H10356]]
Federal Judicial Center
salaries and expenses
For necessary expenses of the Federal Judicial Center, as
authorized by Public Law 90-219, $30,436,000; of which
$1,800,000 shall remain available through September 30, 2021,
to provide education and training to Federal court personnel;
and of which not to exceed $1,500 is authorized for official
reception and representation expenses.
United States Sentencing Commission
salaries and expenses
For the salaries and expenses necessary to carry out the
provisions of chapter 58 of title 28, United States Code,
$19,670,000, of which not to exceed $1,000 is authorized for
official reception and representation expenses.
Administrative Provisions--The Judiciary
(including transfer of funds)
Sec. 301. Appropriations and authorizations made in this
title which are available for salaries and expenses shall be
available for services as authorized by 5 U.S.C. 3109.
Sec. 302. Not to exceed 5 percent of any appropriation
made available for the current fiscal year for the Judiciary
in this Act may be transferred between such appropriations,
but no such appropriation, except ``Courts of Appeals,
District Courts, and Other Judicial Services, Defender
Services'' and ``Courts of Appeals, District Courts, and
Other Judicial Services, Fees of Jurors and Commissioners'',
shall be increased by more than 10 percent by any such
transfers: Provided, That any transfer pursuant to this
section shall be treated as a reprogramming of funds under
sections 604 and 608 of this Act and shall not be available
for obligation or expenditure except in compliance with the
procedures set forth in section 608.
Sec. 303. Notwithstanding any other provision of law, the
salaries and expenses appropriation for ``Courts of Appeals,
District Courts, and Other Judicial Services'' shall be
available for official reception and representation expenses
of the Judicial Conference of the United States: Provided,
That such available funds shall not exceed $11,000 and shall
be administered by the Director of the Administrative Office
of the United States Courts in the capacity as Secretary of
the Judicial Conference.
Sec. 304. Section 3315(a) of title 40, United States Code,
shall be applied by substituting ``Federal'' for
``executive'' each place it appears.
Sec. 305. In accordance with 28 U.S.C. 561-569, and
notwithstanding any other provision of law, the United States
Marshals Service shall provide, for such courthouses as its
Director may designate in consultation with the Director of
the Administrative Office of the United States Courts, for
purposes of a pilot program, the security services that 40
U.S.C. 1315 authorizes the Department of Homeland Security to
provide, except for the services specified in 40 U.S.C.
1315(b)(2)(E). For building-specific security services at
these courthouses, the Director of the Administrative Office
of the United States Courts shall reimburse the United States
Marshals Service rather than the Department of Homeland
Security.
Sec. 306. (a) Section 203(c) of the Judicial Improvements
Act of 1990 (Public Law 101-650; 28 U.S.C. 133 note), is
amended in the matter following paragraph 12--
(1) in the second sentence (relating to the District of
Kansas), by striking ``28 years and 6 months'' and inserting
``29 years and 6 months''; and
(2) in the sixth sentence (relating to the District of
Hawaii), by striking ``25 years and 6 months'' and inserting
``26 years and 6 months''.
(b) Section 406 of the Transportation, Treasury, Housing
and Urban Development, the Judiciary, the District of
Columbia, and Independent Agencies Appropriations Act, 2006
(Public Law 109-115; 119 Stat. 2470; 28 U.S.C. 133 note) is
amended in the second sentence (relating to the eastern
District of Missouri) by striking ``26 years and 6 months''
and inserting ``27 years and 6 months''.
(c) Section 312(c)(2) of the 21st Century Department of
Justice Appropriations Authorization Act (Public Law 107-273;
28 U.S.C. 133 note), is amended--
(1) in the first sentence by striking ``17 years'' and
inserting ``18 years'';
(2) in the second sentence (relating to the central
District of California), by striking ``16 years and 6
months'' and inserting ``17 years and 6 months''; and
(3) in the third sentence (relating to the western district
of North Carolina), by striking ``15 years'' and inserting
``16 years''.
This title may be cited as the ``Judiciary Appropriations
Act, 2020''.
TITLE IV
DISTRICT OF COLUMBIA
Federal Funds
federal payment for resident tuition support
For a Federal payment to the District of Columbia, to be
deposited into a dedicated account, for a nationwide program
to be administered by the Mayor, for District of Columbia
resident tuition support, $40,000,000, to remain available
until expended: Provided, That such funds, including any
interest accrued thereon, may be used on behalf of eligible
District of Columbia residents to pay an amount based upon
the difference between in-State and out-of-State tuition at
public institutions of higher education, or to pay up to
$2,500 each year at eligible private institutions of higher
education: Provided further, That the awarding of such funds
may be prioritized on the basis of a resident's academic
merit, the income and need of eligible students and such
other factors as may be authorized: Provided further, That
the District of Columbia government shall maintain a
dedicated account for the Resident Tuition Support Program
that shall consist of the Federal funds appropriated to the
Program in this Act and any subsequent appropriations, any
unobligated balances from prior fiscal years, and any
interest earned in this or any fiscal year: Provided
further, That the account shall be under the control of the
District of Columbia Chief Financial Officer, who shall use
those funds solely for the purposes of carrying out the
Resident Tuition Support Program: Provided further, That the
Office of the Chief Financial Officer shall provide a
quarterly financial report to the Committees on
Appropriations of the House of Representatives and the Senate
for these funds showing, by object class, the expenditures
made and the purpose therefor.
federal payment for emergency planning and security costs in the
district of columbia
For a Federal payment of necessary expenses, as determined
by the Mayor of the District of Columbia in written
consultation with the elected county or city officials of
surrounding jurisdictions, $18,000,000, to remain available
until expended, for the costs of providing public safety at
events related to the presence of the National Capital in the
District of Columbia, including support requested by the
Director of the United States Secret Service in carrying out
protective duties under the direction of the Secretary of
Homeland Security, and for the costs of providing support to
respond to immediate and specific terrorist threats or
attacks in the District of Columbia or surrounding
jurisdictions.
federal payment to the district of columbia courts
For salaries and expenses for the District of Columbia
Courts, $250,088,000 to be allocated as follows: for the
District of Columbia Court of Appeals, $14,682,000, of which
not to exceed $2,500 is for official reception and
representation expenses; for the Superior Court of the
District of Columbia, $125,638,000, of which not to exceed
$2,500 is for official reception and representation expenses;
for the District of Columbia Court System, $75,518,000, of
which not to exceed $2,500 is for official reception and
representation expenses; and $34,250,000, to remain available
until September 30, 2021, for capital improvements for
District of Columbia courthouse facilities: Provided, That
funds made available for capital improvements shall be
expended consistent with the District of Columbia Courts
master plan study and facilities condition assessment:
Provided further, That, in addition to the amounts
appropriated herein, fees received by the District of
Columbia Courts for administering bar examinations and
processing District of Columbia bar admissions may be
retained and credited to this appropriation, to remain
available until expended, for salaries and expenses
associated with such activities, notwithstanding section 450
of the District of Columbia Home Rule Act (D.C. Official
Code, sec. 1-204.50): Provided further, That notwithstanding
any other provision of law, all amounts under this heading
shall be apportioned quarterly by the Office of Management
and Budget and obligated and expended in the same manner as
funds appropriated for salaries and expenses of other Federal
agencies: Provided further, That 30 days after providing
written notice to the Committees on Appropriations of the
House of Representatives and the Senate, the District of
Columbia Courts may reallocate not more than $9,000,000 of
the funds provided under this heading among the items and
entities funded under this heading: Provided further, That
the Joint Committee on Judicial Administration in the
District of Columbia may, by regulation, establish a program
substantially similar to the program set forth in subchapter
II of chapter 35 of title 5, United States Code, for
employees of the District of Columbia Courts.
federal payment for defender services in district of columbia courts
For payments authorized under section 11-2604 and section
11-2605, D.C. Official Code (relating to representation
provided under the District of Columbia Criminal Justice
Act), payments for counsel appointed in proceedings in the
Family Court of the Superior Court of the District of
Columbia under chapter 23 of title 16, D.C. Official Code, or
pursuant to contractual agreements to provide guardian ad
litem representation, training, technical assistance, and
such other services as are necessary to improve the quality
of guardian ad litem representation, payments for counsel
appointed in adoption proceedings under chapter 3 of title
16, D.C. Official Code, and payments authorized under section
21-2060, D.C. Official Code (relating to services provided
under the District of Columbia Guardianship, Protective
Proceedings, and Durable Power of Attorney Act of 1986),
$46,005,000, to remain available until expended: Provided,
That funds provided under this heading shall be administered
by the Joint Committee on Judicial Administration in the
District of Columbia: Provided further, That,
notwithstanding any other provision of law, this
appropriation shall be apportioned quarterly by the Office of
Management and Budget and obligated and expended in the same
manner as funds appropriated for expenses of other Federal
agencies.
[[Page H10357]]
federal payment to the court services and offender supervision agency
for the district of columbia
For salaries and expenses, including the transfer and hire
of motor vehicles, of the Court Services and Offender
Supervision Agency for the District of Columbia, as
authorized by the National Capital Revitalization and Self-
Government Improvement Act of 1997, $248,524,000, of which
not to exceed $2,000 is for official reception and
representation expenses related to Community Supervision and
Pretrial Services Agency programs, and of which not to exceed
$25,000 is for dues and assessments relating to the
implementation of the Court Services and Offender Supervision
Agency Interstate Supervision Act of 2002: Provided, That,
of the funds appropriated under this heading, $181,065,000
shall be for necessary expenses of Community Supervision and
Sex Offender Registration, to include expenses relating to
the supervision of adults subject to protection orders or the
provision of services for or related to such persons, of
which $3,818,000 shall remain available until September 30,
2022 for costs associated with relocation under a replacement
lease for headquarters offices, field offices, and related
facilities: Provided further, That, of the funds
appropriated under this heading, $67,459,000 shall be
available to the Pretrial Services Agency, of which $998,000
shall remain available until September 30, 2022 for costs
associated with relocation under a replacement lease for
headquarters offices, field offices, and related facilities:
Provided further, That notwithstanding any other provision of
law, all amounts under this heading shall be apportioned
quarterly by the Office of Management and Budget and
obligated and expended in the same manner as funds
appropriated for salaries and expenses of other Federal
agencies: Provided further, That amounts under this heading
may be used for programmatic incentives for defendants to
successfully complete their terms of supervision.
federal payment to the district of columbia public defender service
For salaries and expenses, including the transfer and hire
of motor vehicles, of the District of Columbia Public
Defender Service, as authorized by the National Capital
Revitalization and Self-Government Improvement Act of 1997,
$44,011,000, of which $344,000 shall remain available until
September 30, 2022 for costs associated with relocation under
a replacement lease for headquarters offices, field offices,
and related facilities: Provided, That notwithstanding any
other provision of law, all amounts under this heading shall
be apportioned quarterly by the Office of Management and
Budget and obligated and expended in the same manner as funds
appropriated for salaries and expenses of Federal agencies:
Provided further, That the District of Columbia Public
Defender Service may establish for employees of the District
of Columbia Public Defender Service a program substantially
similar to the program set forth in subchapter II of chapter
35 of title 5, United States Code, except that the maximum
amount of the payment made under the program to any
individual may not exceed the amount referred to in section
3523(b)(3)(B) of title 5, United States Code.
federal payment to the criminal justice coordinating council
For a Federal payment to the Criminal Justice Coordinating
Council, $2,150,000, to remain available until expended, to
support initiatives related to the coordination of Federal
and local criminal justice resources in the District of
Columbia.
federal payment for judicial commissions
For a Federal payment, to remain available until September
30, 2021, to the Commission on Judicial Disabilities and
Tenure, $325,000, and for the Judicial Nomination Commission,
$275,000.
federal payment for school improvement
For a Federal payment for a school improvement program in
the District of Columbia, $52,500,000, to remain available
until expended, for payments authorized under the
Scholarships for Opportunity and Results Act (division C of
Public Law 112-10): Provided, That, to the extent that funds
are available for opportunity scholarships and following the
priorities included in section 3006 of such Act, the
Secretary of Education shall make scholarships available to
students eligible under section 3013(3) of such Act (Public
Law 112-10; 125 Stat. 211) including students who were not
offered a scholarship during any previous school year:
Provided further, That within funds provided for opportunity
scholarships up to $1,200,000 shall be for the activities
specified in sections 3007(b) through 3007(d) of the Act and
up to $500,000 shall be for the activities specified in
section 3009 of the Act.
federal payment for the district of columbia national guard
For a Federal payment to the District of Columbia National
Guard, $413,000, to remain available until expended for the
Major General David F. Wherley, Jr. District of Columbia
National Guard Retention and College Access Program.
federal payment for testing and treatment of hiv/aids
For a Federal payment to the District of Columbia for the
testing of individuals for, and the treatment of individuals
with, human immunodeficiency virus and acquired
immunodeficiency syndrome in the District of Columbia,
$4,000,000.
federal payment to the district of columbia water and sewer authority
For a Federal payment to the District of Columbia Water and
Sewer Authority, $8,000,000, to remain available until
expended, to continue implementation of the Combined Sewer
Overflow Long-Term Plan: Provided, That the District of
Columbia Water and Sewer Authority provides a 100 percent
match for this payment.
District of Columbia Funds
Local funds are appropriated for the District of Columbia
for the current fiscal year out of the General Fund of the
District of Columbia (``General Fund'') for programs and
activities set forth in the Fiscal Year 2020 Local Budget Act
of 2019 (D.C. Act 23-78) and at rates set forth under such
Act, as amended as of the date of enactment of this Act:
Provided, That notwithstanding any other provision of law,
except as provided in section 450A of the District of
Columbia Home Rule Act (section 1-204.50a, D.C. Official
Code), sections 816 and 817 of the Financial Services and
General Government Appropriations Act, 2009 (secs. 47-369.01
and 47-369.02, D.C. Official Code), and provisions of this
Act, the total amount appropriated in this Act for operating
expenses for the District of Columbia for fiscal year 2020
under this heading shall not exceed the estimates included in
the Fiscal Year 2020 Local Budget Act of 2019, as amended as
of the date of enactment of this Act or the sum of the total
revenues of the District of Columbia for such fiscal year:
Provided further, That the amount appropriated may be
increased by proceeds of one-time transactions, which are
expended for emergency or unanticipated operating or capital
needs: Provided further, That such increases shall be
approved by enactment of local District law and shall comply
with all reserve requirements contained in the District of
Columbia Home Rule Act: Provided further, That the Chief
Financial Officer of the District of Columbia shall take such
steps as are necessary to assure that the District of
Columbia meets these requirements, including the apportioning
by the Chief Financial Officer of the appropriations and
funds made available to the District during fiscal year 2020,
except that the Chief Financial Officer may not reprogram for
operating expenses any funds derived from bonds, notes, or
other obligations issued for capital projects.
This title may be cited as the ``District of Columbia
Appropriations Act, 2020''.
TITLE V
INDEPENDENT AGENCIES
Administrative Conference of the United States
salaries and expenses
For necessary expenses of the Administrative Conference of
the United States, authorized by 5 U.S.C. 591 et seq.,
$3,250,000, to remain available until September 30, 2021, of
which not to exceed $1,000 is for official reception and
representation expenses.
Consumer Product Safety Commission
salaries and expenses
For necessary expenses of the Consumer Product Safety
Commission, including hire of passenger motor vehicles,
services as authorized by 5 U.S.C. 3109, but at rates for
individuals not to exceed the per diem rate equivalent to the
maximum rate payable under 5 U.S.C. 5376, purchase of nominal
awards to recognize non-Federal officials' contributions to
Commission activities, and not to exceed $4,000 for official
reception and representation expenses, $132,500,000, of which
$1,300,000 shall remain available until expended to carry out
the program, including administrative costs, required by
section 1405 of the Virginia Graeme Baker Pool and Spa Safety
Act (Public Law 110-140; 15 U.S.C. 8004).
administrative provision--consumer product safety commission
Sec. 501. During fiscal year 2020, none of the amounts
made available by this Act may be used to finalize or
implement the Safety Standard for Recreational Off-Highway
Vehicles published by the Consumer Product Safety Commission
in the Federal Register on November 19, 2014 (79 Fed. Reg.
68964) until after--
(1) the National Academy of Sciences, in consultation with
the National Highway Traffic Safety Administration and the
Department of Defense, completes a study to determine--
(A) the technical validity of the lateral stability and
vehicle handling requirements proposed by such standard for
purposes of reducing the risk of Recreational Off-Highway
Vehicle (referred to in this section as ``ROV'') rollovers in
the off-road environment, including the repeatability and
reproducibility of testing for compliance with such
requirements;
(B) the number of ROV rollovers that would be prevented if
the proposed requirements were adopted;
(C) whether there is a technical basis for the proposal to
provide information on a point-of-sale hangtag about a ROV's
rollover resistance on a progressive scale; and
(D) the effect on the utility of ROVs used by the United
States military if the proposed requirements were adopted;
and
(2) a report containing the results of the study completed
under paragraph (1) is delivered to--
(A) the Committee on Commerce, Science, and Transportation
of the Senate;
[[Page H10358]]
(B) the Committee on Energy and Commerce of the House of
Representatives;
(C) the Committee on Appropriations of the Senate; and
(D) the Committee on Appropriations of the House of
Representatives.
Election Assistance Commission
salaries and expenses
(including transfer of funds)
For necessary expenses to carry out the Help America Vote
Act of 2002 (Public Law 107-252), $15,171,000, of which
$1,500,000 shall be transferred to the National Institute of
Standards and Technology for election reform activities
authorized under the Help America Vote Act of 2002; and of
which $2,400,000 shall remain available until September 30,
2021, for relocation expenses.
election security grants
Notwithstanding section 104(c)(2)(B) of the Help America
Vote Act of 2002 (52 U.S.C. 20904(c)(2)(B)), $425,000,000 is
provided to the Election Assistance Commission for necessary
expenses to make payments to States for activities to improve
the administration of elections for Federal office, including
to enhance election technology and make election security
improvements, as authorized by sections 101, 103, and 104 of
such Act: Provided, That for purposes of applying such
sections, the Commonwealth of the Northern Mariana Islands
shall be deemed to be a State and, for purposes of sections
101(d)(2) and 103(a) shall be treated in the same manner as
the Commonwealth of Puerto Rico, Guam, American Samoa, and
the United States Virgin Islands: Provided further, That
each reference to the ``Administrator of General Services''
or the ``Administrator'' in sections 101 and 103 shall be
deemed to refer to the ``Election Assistance Commission'':
Provided further, That each reference to ``$5,000,000'' in
section 103 shall be deemed to refer to ``$3,000,000'' and
each reference to ``$1,000,000'' in section 103 shall be
deemed to refer to ``$600,000'': Provided further, That not
later than 45 days after the date of enactment of this Act,
the Election Assistance Commission shall make the payments to
States under this heading: Provided further, That not later
than two years after receiving a payment under this heading,
a State shall make available funds for such activities in an
amount equal to 20 percent of the total amount of the payment
made to the State under this heading.
Federal Communications Commission
salaries and expenses
For necessary expenses of the Federal Communications
Commission, as authorized by law, including uniforms and
allowances therefor, as authorized by 5 U.S.C. 5901-5902; not
to exceed $4,000 for official reception and representation
expenses; purchase and hire of motor vehicles; special
counsel fees; and services as authorized by 5 U.S.C. 3109,
$339,000,000, to remain available until expended: Provided,
That $339,000,000 of offsetting collections shall be assessed
and collected pursuant to section 9 of title I of the
Communications Act of 1934, shall be retained and used for
necessary expenses and shall remain available until expended:
Provided further, That the sum herein appropriated shall be
reduced as such offsetting collections are received during
fiscal year 2020 so as to result in a final fiscal year 2020
appropriation estimated at $0: Provided further, That,
notwithstanding 47 U.S.C. 309(j)(8)(B), proceeds from the use
of a competitive bidding system that may be retained and made
available for obligation shall not exceed $132,539,000 for
fiscal year 2020: Provided further, That, of the amount
appropriated under this heading, not less than $11,105,700
shall be for the salaries and expenses of the Office of
Inspector General.
administrative provisions--federal communications commission
Sec. 510. Section 302 of the Universal Service
Antideficiency Temporary Suspension Act is amended by
striking ``December 31, 2019'' each place it appears and
inserting ``December 31, 2020''.
Sec. 511. None of the funds appropriated by this Act may
be used by the Federal Communications Commission to modify,
amend, or change its rules or regulations for universal
service support payments to implement the February 27, 2004,
recommendations of the Federal-State Joint Board on Universal
Service regarding single connection or primary line
restrictions on universal service support payments.
Federal Deposit Insurance Corporation
office of the inspector general
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, $42,982,000, to be derived from the Deposit
Insurance Fund or, only when appropriate, the FSLIC
Resolution Fund.
Federal Election Commission
salaries and expenses
For necessary expenses to carry out the provisions of the
Federal Election Campaign Act of 1971, $71,497,000, of which
not to exceed $5,000 shall be available for reception and
representation expenses.
Federal Labor Relations Authority
salaries and expenses
For necessary expenses to carry out functions of the
Federal Labor Relations Authority, pursuant to Reorganization
Plan Numbered 2 of 1978, and the Civil Service Reform Act of
1978, including services authorized by 5 U.S.C. 3109, and
including hire of experts and consultants, hire of passenger
motor vehicles, and including official reception and
representation expenses (not to exceed $1,500) and rental of
conference rooms in the District of Columbia and elsewhere,
$24,890,000: Provided, That public members of the Federal
Service Impasses Panel may be paid travel expenses and per
diem in lieu of subsistence as authorized by law (5 U.S.C.
5703) for persons employed intermittently in the Government
service, and compensation as authorized by 5 U.S.C. 3109:
Provided further, That, notwithstanding 31 U.S.C. 3302, funds
received from fees charged to non-Federal participants at
labor-management relations conferences shall be credited to
and merged with this account, to be available without further
appropriation for the costs of carrying out these
conferences.
Federal Permitting Improvement Steering Council
environmental review improvement fund
(including transfer of funds)
For necessary expenses of the Environmental Review
Improvement Fund established pursuant to 42 U.S.C. 4370m-
8(d), $8,000,000, to remain available until expended:
Provided, That funds appropriated in prior appropriations
Acts under the heading ``General Services Administration--
General Activities--Environmental Review Improvement Fund''
shall be transferred to and merged with this account.
Federal Trade Commission
salaries and expenses
For necessary expenses of the Federal Trade Commission,
including uniforms or allowances therefor, as authorized by 5
U.S.C. 5901-5902; services as authorized by 5 U.S.C. 3109;
hire of passenger motor vehicles; and not to exceed $2,000
for official reception and representation expenses,
$331,000,000, to remain available until expended: Provided,
That not to exceed $300,000 shall be available for use to
contract with a person or persons for collection services in
accordance with the terms of 31 U.S.C. 3718: Provided
further, That, notwithstanding any other provision of law,
not to exceed $141,000,000 of offsetting collections derived
from fees collected for premerger notification filings under
the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15
U.S.C. 18a), regardless of the year of collection, shall be
retained and used for necessary expenses in this
appropriation: Provided further, That, notwithstanding any
other provision of law, not to exceed $18,000,000 in
offsetting collections derived from fees sufficient to
implement and enforce the Telemarketing Sales Rule,
promulgated under the Telemarketing and Consumer Fraud and
Abuse Prevention Act (15 U.S.C. 6101 et seq.), shall be
credited to this account, and be retained and used for
necessary expenses in this appropriation: Provided further,
That the sum herein appropriated from the general fund shall
be reduced as such offsetting collections are received during
fiscal year 2020, so as to result in a final fiscal year 2020
appropriation from the general fund estimated at not more
than $172,000,000: Provided further, That none of the funds
made available to the Federal Trade Commission may be used to
implement subsection (e)(2)(B) of section 43 of the Federal
Deposit Insurance Act (12 U.S.C. 1831t).
General Services Administration
real property activities
federal buildings fund
limitations on availability of revenue
(including transfers of funds)
Amounts in the Fund, including revenues and collections
deposited into the Fund, shall be available for necessary
expenses of real property management and related activities
not otherwise provided for, including operation, maintenance,
and protection of federally owned and leased buildings;
rental of buildings in the District of Columbia; restoration
of leased premises; moving governmental agencies (including
space adjustments and telecommunications relocation expenses)
in connection with the assignment, allocation, and transfer
of space; contractual services incident to cleaning or
servicing buildings, and moving; repair and alteration of
federally owned buildings, including grounds, approaches, and
appurtenances; care and safeguarding of sites; maintenance,
preservation, demolition, and equipment; acquisition of
buildings and sites by purchase, condemnation, or as
otherwise authorized by law; acquisition of options to
purchase buildings and sites; conversion and extension of
federally owned buildings; preliminary planning and design of
projects by contract or otherwise; construction of new
buildings (including equipment for such buildings); and
payment of principal, interest, and any other obligations for
public buildings acquired by installment purchase and
purchase contract; in the aggregate amount of $8,856,530,000,
of which--
(1) $152,400,000 shall remain available until expended for
construction and acquisition (including funds for sites and
expenses, and associated design and construction services)
for the San Luis I Land Port of Entry, San Luis, Arizona:
Provided, That the foregoing limit of costs on new
construction and acquisition may be exceeded to the extent
that savings are effected in other such projects, but not to
exceed 10 percent of the amounts included in a transmitted
prospectus, if required, unless advance approval is obtained
from the Committees on Appropriations of a greater amount;
[[Page H10359]]
(2) $833,752,000 shall remain available until expended for
repairs and alterations, including associated design and
construction services, of which--
(A) $451,695,000 is for Major Repairs and Alterations; and
(B) $382,057,000 is for Basic Repairs and Alterations:
Provided, That funds made available in this or any previous
Act in the Federal Buildings Fund for Repairs and Alterations
shall, for prospectus projects, be limited to the amount
identified for each project, except each project in this or
any previous Act may be increased by an amount not to exceed
10 percent unless advance approval is obtained from the
Committees on Appropriations of a greater amount: Provided
further, That additional projects for which prospectuses have
been fully approved may be funded under this category only if
advance approval is obtained from the Committees on
Appropriations: Provided further, That the amounts provided
in this or any prior Act for ``Repairs and Alterations'' may
be used to fund costs associated with implementing security
improvements to buildings necessary to meet the minimum
standards for security in accordance with current law and in
compliance with the reprogramming guidelines of the
appropriate Committees of the House and Senate: Provided
further, That the difference between the funds appropriated
and expended on any projects in this or any prior Act, under
the heading ``Repairs and Alterations'', may be transferred
to Basic Repairs and Alterations or used to fund authorized
increases in prospectus projects: Provided further, That the
amount provided in this or any prior Act for Basic Repairs
and Alterations may be used to pay claims against the
Government arising from any projects under the heading
``Repairs and Alterations'' or used to fund authorized
increases in prospectus projects;
(3) $5,497,561,000 for rental of space to remain available
until expended; and
(4) $2,372,817,000 for building operations to remain
available until expended: Provided, That the total amount of
funds made available from this Fund to the General Services
Administration shall not be available for expenses of any
construction, repair, alteration and acquisition project for
which a prospectus, if required by 40 U.S.C. 3307(a), has not
been approved, except that necessary funds may be expended
for each project for required expenses for the development of
a proposed prospectus: Provided further, That funds
available in the Federal Buildings Fund may be expended for
emergency repairs when advance approval is obtained from the
Committees on Appropriations: Provided further, That amounts
necessary to provide reimbursable special services to other
agencies under 40 U.S.C. 592(b)(2) and amounts to provide
such reimbursable fencing, lighting, guard booths, and other
facilities on private or other property not in Government
ownership or control as may be appropriate to enable the
United States Secret Service to perform its protective
functions pursuant to 18 U.S.C. 3056, shall be available from
such revenues and collections: Provided further, That
revenues and collections and any other sums accruing to this
Fund during fiscal year 2020, excluding reimbursements under
40 U.S.C. 592(b)(2), in excess of the aggregate new
obligational authority authorized for Real Property
Activities of the Federal Buildings Fund in this Act shall
remain in the Fund and shall not be available for expenditure
except as authorized in appropriations Acts.
general activities
government-wide policy
For expenses authorized by law, not otherwise provided for,
for Government-wide policy and evaluation activities
associated with the management of real and personal property
assets and certain administrative services; Government-wide
policy support responsibilities relating to acquisition,
travel, motor vehicles, information technology management,
and related technology activities; and services as authorized
by 5 U.S.C. 3109; $64,000,000.
operating expenses
For expenses authorized by law, not otherwise provided for,
for Government-wide activities associated with utilization
and donation of surplus personal property; disposal of real
property; agency-wide policy direction, management, and
communications; and services as authorized by 5 U.S.C. 3109;
$49,440,000, of which $26,890,000 is for Real and Personal
Property Management and Disposal; and of which $22,550,000 is
for the Office of the Administrator, of which not to exceed
$7,500 is for official reception and representation expenses.
civilian board of contract appeals
For expenses authorized by law, not otherwise provided for,
for the activities associated with the Civilian Board of
Contract Appeals, $9,301,000.
office of inspector general
For necessary expenses of the Office of Inspector General
and service authorized by 5 U.S.C. 3109, $67,000,000:
Provided, That not to exceed $50,000 shall be available for
payment for information and detection of fraud against the
Government, including payment for recovery of stolen
Government property: Provided further, That not to exceed
$2,500 shall be available for awards to employees of other
Federal agencies and private citizens in recognition of
efforts and initiatives resulting in enhanced Office of
Inspector General effectiveness.
allowances and office staff for former presidents
For carrying out the provisions of the Act of August 25,
1958 (3 U.S.C. 102 note), and Public Law 95-138, $3,851,000.
federal citizen services fund
(including transfer of funds)
For necessary expenses of the Office of Products and
Programs, including services authorized by 40 U.S.C. 323 and
44 U.S.C. 3604; and for necessary expenses in support of
interagency projects that enable the Federal Government to
enhance its ability to conduct activities electronically,
through the development and implementation of innovative uses
of information technology; $55,000,000, to be deposited into
the Federal Citizen Services Fund: Provided, That the
previous amount may be transferred to Federal agencies to
carry out the purpose of the Federal Citizen Services Fund:
Provided further, That the appropriations, revenues,
reimbursements, and collections deposited into the Fund shall
be available until expended for necessary expenses of Federal
Citizen Services and other activities that enable the Federal
Government to enhance its ability to conduct activities
electronically in the aggregate amount not to exceed
$100,000,000: Provided further, That appropriations,
revenues, reimbursements, and collections accruing to this
Fund during fiscal year 2020 in excess of such amount shall
remain in the Fund and shall not be available for expenditure
except as authorized in appropriations Acts: Provided
further, That, of the total amount appropriated, up to
$5,000,000 shall be available for support functions and full-
time hires to support activities related to the
Administration's requirements under Title II of the
Foundations for Evidence-Based Policymaking Act (Public Law
115-435): Provided further, That the transfer authorities
provided herein shall be in addition to any other transfer
authority provided in this Act.
pre-election presidential transition
(including transfer of funds)
For activities authorized by the Pre-Election Presidential
Transition Act of 2010 (Public Law 111-283), not to exceed
$9,620,000, to remain available until September 30, 2021:
Provided, That such amounts may be transferred to
``Acquisition Services Fund'' or ``Federal Buildings Fund''
to reimburse obligations incurred for the purposes provided
herein in fiscal years 2019 and 2020: Provided further, That
amounts made available under this heading shall be in
addition to any other amounts available for such purposes.
technology modernization fund
For the Technology Modernization Fund, $25,000,000, to
remain available until expended, for technology-related
modernization activities.
administrative provisions--general services administration
(including transfer of funds)
Sec. 520. Funds available to the General Services
Administration shall be available for the hire of passenger
motor vehicles.
Sec. 521. Funds in the Federal Buildings Fund made
available for fiscal year 2020 for Federal Buildings Fund
activities may be transferred between such activities only to
the extent necessary to meet program requirements: Provided,
That any proposed transfers shall be approved in advance by
the Committees on Appropriations of the House of
Representatives and the Senate.
Sec. 522. Except as otherwise provided in this title,
funds made available by this Act shall be used to transmit a
fiscal year 2021 request for United States Courthouse
construction only if the request: (1) meets the design guide
standards for construction as established and approved by the
General Services Administration, the Judicial Conference of
the United States, and the Office of Management and Budget;
(2) reflects the priorities of the Judicial Conference of the
United States as set out in its approved Courthouse Project
Priorities plan; and (3) includes a standardized courtroom
utilization study of each facility to be constructed,
replaced, or expanded.
Sec. 523. None of the funds provided in this Act may be
used to increase the amount of occupiable square feet,
provide cleaning services, security enhancements, or any
other service usually provided through the Federal Buildings
Fund, to any agency that does not pay the rate per square
foot assessment for space and services as determined by the
General Services Administration in consideration of the
Public Buildings Amendments Act of 1972 (Public Law 92-313).
Sec. 524. From funds made available under the heading
Federal Buildings Fund, Limitations on Availability of
Revenue, claims against the Government of less than $250,000
arising from direct construction projects and acquisition of
buildings may be liquidated from savings effected in other
construction projects with prior notification to the
Committees on Appropriations of the House of Representatives
and the Senate.
Sec. 525. In any case in which the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate adopt a resolution granting lease
authority pursuant to a prospectus transmitted to Congress by
the Administrator of the General Services Administration
under 40 U.S.C. 3307, the Administrator shall ensure that the
delineated area of procurement is identical to the delineated
area included in the prospectus for all lease agreements,
except that, if the Administrator determines that the
delineated area of
[[Page H10360]]
the procurement should not be identical to the delineated
area included in the prospectus, the Administrator shall
provide an explanatory statement to each of such committees
and the Committees on Appropriations of the House of
Representatives and the Senate prior to exercising any lease
authority provided in the resolution.
Sec. 526. With respect to each project funded under the
heading ``Major Repairs and Alterations'', and with respect
to E-Government projects funded under the heading ``Federal
Citizen Services Fund'', the Administrator of General
Services shall submit a spending plan and explanation for
each project to be undertaken to the Committees on
Appropriations of the House of Representatives and the Senate
not later than 60 days after the date of enactment of this
Act.
Sec. 527. In addition to the amounts otherwise made
available in this Act for the General Services
Administration, $3,000,000, to remain available until
expended, shall be for the Administrator of General Services
to implement changes to the System for Award Management
providing for submission of the authenticated certification
described under the heading ``Internal Revenue Service,
Operations Support''.
Harry S Truman Scholarship Foundation
salaries and expenses
For payment to the Harry S Truman Scholarship Foundation
Trust Fund, established by section 10 of Public Law 93-642,
$1,670,000, to remain available until expended.
Merit Systems Protection Board
salaries and expenses
(including transfer of funds)
For necessary expenses to carry out functions of the Merit
Systems Protection Board pursuant to Reorganization Plan
Numbered 2 of 1978, the Civil Service Reform Act of 1978, and
the Whistleblower Protection Act of 1989 (5 U.S.C. 5509
note), including services as authorized by 5 U.S.C. 3109,
rental of conference rooms in the District of Columbia and
elsewhere, hire of passenger motor vehicles, direct
procurement of survey printing, and not to exceed $2,000 for
official reception and representation expenses, $44,490,000,
to remain available until September 30, 2021, and in addition
not to exceed $2,345,000, to remain available until September
30, 2021, for administrative expenses to adjudicate
retirement appeals to be transferred from the Civil Service
Retirement and Disability Fund in amounts determined by the
Merit Systems Protection Board.
Morris K. Udall and Stewart L. Udall Foundation
morris k. udall and stewart l. udall trust fund
(including transfer of funds)
For payment to the Morris K. Udall and Stewart L. Udall
Trust Fund, pursuant to the Morris K. Udall and Stewart L.
Udall Foundation Act (20 U.S.C. 5601 et seq.), $1,800,000, to
remain available until expended, of which, notwithstanding
sections 8 and 9 of such Act, up to $1,000,000 shall be
available to carry out the activities authorized by section
6(7) of Public Law 102-259 and section 817(a) of Public Law
106-568 (20 U.S.C. 5604(7)): Provided, That all current and
previous amounts transferred to the Office of Inspector
General of the Department of the Interior will remain
available until expended for audits and investigations of the
Morris K. Udall and Stewart L. Udall Foundation, consistent
with the Inspector General Act of 1978 (5 U.S.C. App.), as
amended, and for annual independent financial audits of the
Morris K. Udall and Stewart L. Udall Foundation pursuant to
the Accountability of Tax Dollars Act of 2002 (Public Law
107-289): Provided further, That previous amounts
transferred to the Office of Inspector General of the
Department of the Interior may be transferred to the Morris
K. Udall and Stewart L. Udall Foundation for annual
independent financial audits pursuant to the Accountability
of Tax Dollars Act of 2002 (Public Law 107-289).
environmental dispute resolution fund
For payment to the Environmental Dispute Resolution Fund to
carry out activities authorized in the Environmental Policy
and Conflict Resolution Act of 1998, $3,200,000, to remain
available until expended.
National Archives and Records Administration
operating expenses
For necessary expenses in connection with the
administration of the National Archives and Records
Administration and archived Federal records and related
activities, as provided by law, and for expenses necessary
for the review and declassification of documents, the
activities of the Public Interest Declassification Board, the
operations and maintenance of the electronic records
archives, the hire of passenger motor vehicles, and for
uniforms or allowances therefor, as authorized by law (5
U.S.C. 5901), including maintenance, repairs, and cleaning,
$359,000,000, of which $22,000,000 shall remain available
until expended for the repair and alteration of the National
Archives facility in College Park, Maryland, and related
improvements necessary to enhance the Federal Government's
ability to electronically preserve, manage, and store
Government records, and of which up to $2,000,000 shall
remain available until expended to implement the Civil Rights
Cold Case Records Collection Act of 2018 (Public Law 115-
426).
office of inspector general
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General
Reform Act of 2008, Public Law 110-409, 122 Stat. 4302-16
(2008), and the Inspector General Act of 1978 (5 U.S.C.
App.), and for the hire of passenger motor vehicles,
$4,823,000.
repairs and restoration
For the repair, alteration, and improvement of archives
facilities, and to provide adequate storage for holdings,
$7,500,000, to remain available until expended.
national historical publications and records commission
grants program
For necessary expenses for allocations and grants for
historical publications and records as authorized by 44
U.S.C. 2504, $6,500,000, to remain available until expended.
National Credit Union Administration
community development revolving loan fund
For the Community Development Revolving Loan Fund program
as authorized by 42 U.S.C. 9812, 9822 and 9910, $1,500,000
shall be available until September 30, 2021, for technical
assistance to low-income designated credit unions.
Office of Government Ethics
salaries and expenses
For necessary expenses to carry out functions of the Office
of Government Ethics pursuant to the Ethics in Government Act
of 1978, the Ethics Reform Act of 1989, and the Stop Trading
on Congressional Knowledge Act of 2012, including services as
authorized by 5 U.S.C. 3109, rental of conference rooms in
the District of Columbia and elsewhere, hire of passenger
motor vehicles, and not to exceed $1,500 for official
reception and representation expenses, $17,500,000.
Office of Personnel Management
salaries and expenses
(including transfer of trust funds)
For necessary expenses to carry out functions of the Office
of Personnel Management (OPM) pursuant to Reorganization Plan
Numbered 2 of 1978 and the Civil Service Reform Act of 1978,
including services as authorized by 5 U.S.C. 3109; medical
examinations performed for veterans by private physicians on
a fee basis; rental of conference rooms in the District of
Columbia and elsewhere; hire of passenger motor vehicles; not
to exceed $2,500 for official reception and representation
expenses; advances for reimbursements to applicable funds of
OPM and the Federal Bureau of Investigation for expenses
incurred under Executive Order No. 10422 of January 9, 1953,
as amended; and payment of per diem and/or subsistence
allowances to employees where Voting Rights Act activities
require an employee to remain overnight at his or her post of
duty, $145,130,000: Provided, That of the total amount made
available under this heading, up to $14,000,000 shall remain
available until expended, for information technology
infrastructure modernization and Trust Fund Federal Financial
System migration or modernization, and shall be in addition
to funds otherwise made available for such purposes:
Provided further, That of the total amount made available
under this heading, $1,068,000 may be made available for
strengthening the capacity and capabilities of the
acquisition workforce (as defined by the Office of Federal
Procurement Policy Act, as amended (41 U.S.C. 4001 et seq.)),
including the recruitment, hiring, training, and retention of
such workforce and information technology in support of
acquisition workforce effectiveness or for management
solutions to improve acquisition management; and in addition
$154,625,000 for administrative expenses, to be transferred
from the appropriate trust funds of OPM without regard to
other statutes, including direct procurement of printed
materials, for the retirement and insurance programs:
Provided further, That the provisions of this appropriation
shall not affect the authority to use applicable trust funds
as provided by sections 8348(a)(1)(B), 8958(f)(2)(A),
8988(f)(2)(A), and 9004(f)(2)(A) of title 5, United States
Code: Provided further, That no part of this appropriation
shall be available for salaries and expenses of the Legal
Examining Unit of OPM established pursuant to Executive Order
No. 9358 of July 1, 1943, or any successor unit of like
purpose: Provided further, That the President's Commission
on White House Fellows, established by Executive Order No.
11183 of October 3, 1964, may, during fiscal year 2020,
accept donations of money, property, and personal services:
Provided further, That such donations, including those from
prior years, may be used for the development of publicity
materials to provide information about the White House
Fellows, except that no such donations shall be accepted for
travel or reimbursement of travel expenses, or for the
salaries of employees of such Commission.
office of inspector general
salaries and expenses
(including transfer of trust funds)
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, including services as authorized by 5 U.S.C. 3109,
hire of passenger motor vehicles, $5,000,000, and in
addition, not to exceed $25,265,000 for administrative
expenses to audit, investigate, and provide other oversight
of the Office of Personnel Management's retirement and
insurance programs, to be transferred from the appropriate
trust
[[Page H10361]]
funds of the Office of Personnel Management, as determined by
the Inspector General: Provided, That the Inspector General
is authorized to rent conference rooms in the District of
Columbia and elsewhere.
Office of Special Counsel
salaries and expenses
For necessary expenses to carry out functions of the Office
of Special Counsel, including services as authorized by 5
U.S.C. 3109, payment of fees and expenses for witnesses,
rental of conference rooms in the District of Columbia and
elsewhere, and hire of passenger motor vehicles; $27,500,000.
Postal Regulatory Commission
salaries and expenses
(including transfer of funds)
For necessary expenses of the Postal Regulatory Commission
in carrying out the provisions of the Postal Accountability
and Enhancement Act (Public Law 109-435), $16,615,000, to be
derived by transfer from the Postal Service Fund and expended
as authorized by section 603(a) of such Act.
Privacy and Civil Liberties Oversight Board
salaries and expenses
For necessary expenses of the Privacy and Civil Liberties
Oversight Board, as authorized by section 1061 of the
Intelligence Reform and Terrorism Prevention Act of 2004 (42
U.S.C. 2000ee), $8,200,000, to remain available until
September 30, 2021.
Securities and Exchange Commission
salaries and expenses
For necessary expenses for the Securities and Exchange
Commission, including services as authorized by 5 U.S.C.
3109, the rental of space (to include multiple year leases)
in the District of Columbia and elsewhere, and not to exceed
$3,500 for official reception and representation expenses,
$1,815,000,000, to remain available until expended; of which
not less than $15,662,000 shall be for the Office of
Inspector General; of which not to exceed $75,000 shall be
available for a permanent secretariat for the International
Organization of Securities Commissions; and of which not to
exceed $100,000 shall be available for expenses for
consultations and meetings hosted by the Commission with
foreign governmental and other regulatory officials, members
of their delegations and staffs to exchange views concerning
securities matters, such expenses to include necessary
logistic and administrative expenses and the expenses of
Commission staff and foreign invitees in attendance
including: (1) incidental expenses such as meals; (2) travel
and transportation; and (3) related lodging or subsistence.
In addition to the foregoing appropriation, for move,
replication, and related costs associated with a replacement
lease for the Commission's New York Regional Office
facilities, not to exceed $10,525,000, to remain available
until expended.
For purposes of calculating the fee rate under section
31(j) of the Securities Exchange Act of 1934 (15 U.S.C.
78ee(j)) for fiscal year 2020, all amounts appropriated under
this heading shall be deemed to be the regular appropriation
to the Commission for fiscal year 2020: Provided, That fees
and charges authorized by section 31 of the Securities
Exchange Act of 1934 (15 U.S.C. 78ee) shall be credited to
this account as offsetting collections: Provided further,
That not to exceed $1,815,000,000 of such offsetting
collections shall be available until expended for necessary
expenses of this account and not to exceed $10,525,000 of
such offsetting collections shall be available until expended
for move, replication, and related costs under this heading
associated with a replacement lease for the Commission's New
York Regional Office facilities: Provided further, That the
total amount appropriated under this heading from the general
fund for fiscal year 2020 shall be reduced as such offsetting
fees are received so as to result in a final total fiscal
year 2020 appropriation from the general fund estimated at
not more than $0: Provided further, That if any amount of
the appropriation for move, replication, and related costs
associated with a replacement lease for the Commission's New
York Regional Office facilities is subsequently de-obligated
by the Commission, such amount that was derived from the
general fund shall be returned to the general fund, and such
amounts that were derived from fees or assessments collected
for such purpose shall be paid to each national securities
exchange and national securities association, respectively,
in proportion to any fees or assessments paid by such
national securities exchange or national securities
association under section 31 of the Securities Exchange Act
of 1934 (15 U.S.C. 78ee) in fiscal year 2020.
administrative provision--securities and exchange commission
Sec. 530. Within one year of the enactment of this Act,
the Securities and Exchange Commission shall submit to the
Committees on Appropriations of the House of Representatives
and the Senate, the Committee on Financial Services of the
House of Representatives, and the Committee on Banking,
Housing, and Urban Affairs of the Senate, a report concerning
the Municipal Securities Rulemaking Board. The report shall
detail:
(1) the Commission's legal authorities with respect to:
(A) the composition of the board and the selection of board
members; and
(B) the compensation of board members and executive staff;
(2) whether board member and executive staff compensation
is commensurate with that of State and local public finance
officials, including State treasurers and municipal finance
directors; and
(3) whether the current board member selection process
ensures adequate representation of municipal securities
stakeholders and accountability to local governments and
municipal bondholders.
Selective Service System
salaries and expenses
For necessary expenses of the Selective Service System,
including expenses of attendance at meetings and of training
for uniformed personnel assigned to the Selective Service
System, as authorized by 5 U.S.C. 4101-4118 for civilian
employees; hire of passenger motor vehicles; services as
authorized by 5 U.S.C. 3109; and not to exceed $750 for
official reception and representation expenses; $27,100,000:
Provided, That during the current fiscal year, the President
may exempt this appropriation from the provisions of 31
U.S.C. 1341, whenever the President deems such action to be
necessary in the interest of national defense: Provided
further, That none of the funds appropriated by this Act may
be expended for or in connection with the induction of any
person into the Armed Forces of the United States.
Small Business Administration
salaries and expenses
For necessary expenses, not otherwise provided for, of the
Small Business Administration, including hire of passenger
motor vehicles as authorized by sections 1343 and 1344 of
title 31, United States Code, and not to exceed $3,500 for
official reception and representation expenses, $270,157,000,
of which not less than $12,000,000 shall be available for
examinations, reviews, and other lender oversight activities:
Provided, That the Administrator is authorized to charge
fees to cover the cost of publications developed by the Small
Business Administration, and certain loan program activities,
including fees authorized by section 5(b) of the Small
Business Act: Provided further, That, notwithstanding 31
U.S.C. 3302, revenues received from all such activities shall
be credited to this account, to remain available until
expended, for carrying out these purposes without further
appropriations: Provided further, That the Small Business
Administration may accept gifts in an amount not to exceed
$4,000,000 and may co-sponsor activities, each in accordance
with section 132(a) of division K of Public Law 108-447,
during fiscal year 2020: Provided further, That $6,100,000
shall be available for the Loan Modernization and Accounting
System, to be available until September 30, 2021: Provided
further, That $3,000,000 shall be for the Federal and State
Technology Partnership Program under section 34 of the Small
Business Act (15 U.S.C. 657d).
entrepreneurial development programs
For necessary expenses of programs supporting
entrepreneurial and small business development, $261,000,000,
to remain available until September 30, 2021: Provided, That
$135,000,000 shall be available to fund grants for
performance in fiscal year 2020 or fiscal year 2021 as
authorized by section 21 of the Small Business Act: Provided
further, That $34,500,000 shall be for marketing, management,
and technical assistance under section 7(m) of the Small
Business Act (15 U.S.C. 636(m)(4)) by intermediaries that
make microloans under the microloan program: Provided
further, That $19,000,000 shall be available for grants to
States to carry out export programs that assist small
business concerns authorized under section 22(l) of the Small
Business Act (15 U.S.C. 649(l)).
office of inspector general
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, $21,900,000.
office of advocacy
For necessary expenses of the Office of Advocacy in
carrying out the provisions of title II of Public Law 94-305
(15 U.S.C. 634a et seq.) and the Regulatory Flexibility Act
of 1980 (5 U.S.C. 601 et seq.), $9,120,000, to remain
available until expended.
business loans program account
(including transfers of funds)
For the cost of direct loans, $5,000,000, to remain
available until expended, and for the cost of guaranteed
loans as authorized by section 7(a) of the Small Business Act
(Public Law 83-163), $99,000,000, to remain available until
expended: Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of
the Congressional Budget Act of 1974: Provided further, That
subject to section 502 of the Congressional Budget Act of
1974, during fiscal year 2020 commitments to guarantee loans
under section 503 of the Small Business Investment Act of
1958 shall not exceed $7,500,000,000: Provided further, That
during fiscal year 2020 commitments for general business
loans authorized under section 7(a) of the Small Business Act
shall not exceed $30,000,000,000 for a combination of
amortizing term loans and the aggregated maximum line of
credit provided by revolving loans: Provided further, That
during fiscal year 2020 commitments for loans authorized
under subparagraph (C) of section 502(7) of the Small
Business Investment Act of 1958 (15 U.S.C. 696(7)) shall not
exceed $7,500,000,000: Provided further, That during
[[Page H10362]]
fiscal year 2020 commitments to guarantee loans for
debentures under section 303(b) of the Small Business
Investment Act of 1958 shall not exceed $4,000,000,000:
Provided further, That during fiscal year 2020, guarantees of
trust certificates authorized by section 5(g) of the Small
Business Act shall not exceed a principal amount of
$12,000,000,000. In addition, for administrative expenses to
carry out the direct and guaranteed loan programs,
$155,150,000, which may be transferred to and merged with the
appropriations for Salaries and Expenses.
disaster loans program account
(including transfers of funds)
For administrative expenses to carry out the direct loan
program authorized by section 7(b) of the Small Business Act,
$177,136,000, to be available until expended, of which
$1,600,000 is for the Office of Inspector General of the
Small Business Administration for audits and reviews of
disaster loans and the disaster loan programs and shall be
transferred to and merged with the appropriations for the
Office of Inspector General; of which $167,136,000 is for
direct administrative expenses of loan making and servicing
to carry out the direct loan program, which may be
transferred to and merged with the appropriations for
Salaries and Expenses; and of which $8,400,000 is for
indirect administrative expenses for the direct loan program,
which may be transferred to and merged with the
appropriations for Salaries and Expenses: Provided, That, of
the funds provided under this heading, $150,888,000 shall be
for major disasters declared pursuant to the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5122(2)): Provided further, That the amount for major
disasters under this heading is designated by Congress as
being for disaster relief pursuant to section 251(b)(2)(D) of
the Balanced Budget and Emergency Deficit Control Act of 1985
(Public Law 99-177).
administrative provisions--small business administration
(including transfers of funds)
Sec. 540. Not to exceed 5 percent of any appropriation
made available for the current fiscal year for the Small
Business Administration in this Act may be transferred
between such appropriations, but no such appropriation shall
be increased by more than 10 percent by any such transfers:
Provided, That any transfer pursuant to this paragraph shall
be treated as a reprogramming of funds under section 608 of
this Act and shall not be available for obligation or
expenditure except in compliance with the procedures set
forth in that section.
Sec. 541. Not to exceed 3 percent of any appropriation
made available in this Act for the Small Business
Administration under the headings ``Salaries and Expenses''
and ``Business Loans Program Account'' may be transferred to
the Administration's information technology system
modernization and working capital fund (IT WCF), as
authorized by section 1077(b)(1) of title X of division A of
the National Defense Authorization Act for Fiscal Year 2018,
for the purposes specified in section 1077(b)(3) of such Act,
upon the advance approval of the Committees on Appropriations
of the House of Representatives and the Senate: Provided,
That amounts transferred to the IT WCF under this section
shall remain available for obligation through September 30,
2023.
United States Postal Service
payment to the postal service fund
For payment to the Postal Service Fund for revenue forgone
on free and reduced rate mail, pursuant to subsections (c)
and (d) of section 2401 of title 39, United States Code,
$56,711,000: Provided, That mail for overseas voting and
mail for the blind shall continue to be free: Provided
further, That 6-day delivery and rural delivery of mail shall
continue at not less than the 1983 level: Provided further,
That none of the funds made available to the Postal Service
by this Act shall be used to implement any rule, regulation,
or policy of charging any officer or employee of any State or
local child support enforcement agency, or any individual
participating in a State or local program of child support
enforcement, a fee for information requested or provided
concerning an address of a postal customer: Provided
further, That none of the funds provided in this Act shall be
used to consolidate or close small rural and other small post
offices: Provided further, That the Postal Service may not
destroy, and shall continue to offer for sale, any copies of
the Multinational Species Conservation Funds Semipostal
Stamp, as authorized under the Multinational Species
Conservation Funds Semipostal Stamp Act of 2010 (Public Law
111-241).
office of inspector general
salaries and expenses
(including transfer of funds)
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, $250,000,000, to be derived by transfer from the
Postal Service Fund and expended as authorized by section
603(b)(3) of the Postal Accountability and Enhancement Act
(Public Law 109-435).
United States Tax Court
salaries and expenses
For necessary expenses, including contract reporting and
other services as authorized by 5 U.S.C. 3109, and not to
exceed $3,000 for official reception and representation
expenses: $53,000,000, of which $1,000,000 shall remain
available until expended: Provided, That travel expenses of
the judges shall be paid upon the written certificate of the
judge.
TITLE VI
GENERAL PROVISIONS--THIS ACT
(including rescission of funds)
Sec. 601. None of the funds in this Act shall be used for
the planning or execution of any program to pay the expenses
of, or otherwise compensate, non-Federal parties intervening
in regulatory or adjudicatory proceedings funded in this Act.
Sec. 602. None of the funds appropriated in this Act shall
remain available for obligation beyond the current fiscal
year, nor may any be transferred to other appropriations,
unless expressly so provided herein.
Sec. 603. The expenditure of any appropriation under this
Act for any consulting service through procurement contract
pursuant to 5 U.S.C. 3109, shall be limited to those
contracts where such expenditures are a matter of public
record and available for public inspection, except where
otherwise provided under existing law, or under existing
Executive order issued pursuant to existing law.
Sec. 604. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality
of the United States Government, except pursuant to a
transfer made by, or transfer authority provided in, this Act
or any other appropriations Act.
Sec. 605. None of the funds made available by this Act
shall be available for any activity or for paying the salary
of any Government employee where funding an activity or
paying a salary to a Government employee would result in a
decision, determination, rule, regulation, or policy that
would prohibit the enforcement of section 307 of the Tariff
Act of 1930 (19 U.S.C. 1307).
Sec. 606. No funds appropriated pursuant to this Act may
be expended by an entity unless the entity agrees that in
expending the assistance the entity will comply with chapter
83 of title 41, United States Code.
Sec. 607. No funds appropriated or otherwise made
available under this Act shall be made available to any
person or entity that has been convicted of violating chapter
83 of title 41, United States Code.
Sec. 608. Except as otherwise provided in this Act, none
of the funds provided in this Act, provided by previous
appropriations Acts to the agencies or entities funded in
this Act that remain available for obligation or expenditure
in fiscal year 2020, or provided from any accounts in the
Treasury derived by the collection of fees and available to
the agencies funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds
that: (1) creates a new program; (2) eliminates a program,
project, or activity; (3) increases funds or personnel for
any program, project, or activity for which funds have been
denied or restricted by the Congress; (4) proposes to use
funds directed for a specific activity by the Committee on
Appropriations of either the House of Representatives or the
Senate for a different purpose; (5) augments existing
programs, projects, or activities in excess of $5,000,000 or
10 percent, whichever is less; (6) reduces existing programs,
projects, or activities by $5,000,000 or 10 percent,
whichever is less; or (7) creates or reorganizes offices,
programs, or activities unless prior approval is received
from the Committees on Appropriations of the House of
Representatives and the Senate: Provided, That prior to any
significant reorganization, restructuring, relocation, or
closing of offices, programs, or activities, each agency or
entity funded in this Act shall consult with the Committees
on Appropriations of the House of Representatives and the
Senate: Provided further, That not later than 60 days after
the date of enactment of this Act, each agency funded by this
Act shall submit a report to the Committees on Appropriations
of the House of Representatives and the Senate to establish
the baseline for application of reprogramming and transfer
authorities for the current fiscal year: Provided further,
That at a minimum the report shall include: (1) a table for
each appropriation, detailing both full-time employee
equivalents and budget authority, with separate columns to
display the prior year enacted level, the President's budget
request, adjustments made by Congress, adjustments due to
enacted rescissions, if appropriate, and the fiscal year
enacted level; (2) a delineation in the table for each
appropriation and its respective prior year enacted level by
object class and program, project, and activity as detailed
in this Act, in the accompanying report, or in the budget
appendix for the respective appropriation, whichever is more
detailed, and which shall apply to all items for which a
dollar amount is specified and to all programs for which new
budget authority is provided, as well as to discretionary
grants and discretionary grant allocations; and (3) an
identification of items of special congressional interest:
Provided further, That the amount appropriated or limited for
salaries and expenses for an agency shall be reduced by
$100,000 per day for each day after the required date that
the report has not been submitted to the Congress.
Sec. 609. Except as otherwise specifically provided by
law, not to exceed 50 percent of unobligated balances
remaining available at the end of fiscal year 2020 from
appropriations made available for salaries and expenses for
fiscal year 2020 in this Act, shall remain available through
September 30, 2021, for each such account for the purposes
authorized: Provided, That a request shall be
[[Page H10363]]
submitted to the Committees on Appropriations of the House of
Representatives and the Senate for approval prior to the
expenditure of such funds: Provided further, That these
requests shall be made in compliance with reprogramming
guidelines.
Sec. 610. (a) None of the funds made available in this Act
may be used by the Executive Office of the President to
request--
(1) any official background investigation report on any
individual from the Federal Bureau of Investigation; or
(2) a determination with respect to the treatment of an
organization as described in section 501(c) of the Internal
Revenue Code of 1986 and exempt from taxation under section
501(a) of such Code from the Department of the Treasury or
the Internal Revenue Service.
(b) Subsection (a) shall not apply--
(1) in the case of an official background investigation
report, if such individual has given express written consent
for such request not more than 6 months prior to the date of
such request and during the same presidential administration;
or
(2) if such request is required due to extraordinary
circumstances involving national security.
Sec. 611. The cost accounting standards promulgated under
chapter 15 of title 41, United States Code shall not apply
with respect to a contract under the Federal Employees Health
Benefits Program established under chapter 89 of title 5,
United States Code.
Sec. 612. For the purpose of resolving litigation and
implementing any settlement agreements regarding the
nonforeign area cost-of-living allowance program, the Office
of Personnel Management may accept and utilize (without
regard to any restriction on unanticipated travel expenses
imposed in an Appropriations Act) funds made available to the
Office of Personnel Management pursuant to court approval.
Sec. 613. No funds appropriated by this Act shall be
available to pay for an abortion, or the administrative
expenses in connection with any health plan under the Federal
employees health benefits program which provides any benefits
or coverage for abortions.
Sec. 614. The provision of section 613 shall not apply
where the life of the mother would be endangered if the fetus
were carried to term, or the pregnancy is the result of an
act of rape or incest.
Sec. 615. In order to promote Government access to
commercial information technology, the restriction on
purchasing nondomestic articles, materials, and supplies set
forth in chapter 83 of title 41, United States Code
(popularly known as the Buy American Act), shall not apply to
the acquisition by the Federal Government of information
technology (as defined in section 11101 of title 40, United
States Code), that is a commercial item (as defined in
section 103 of title 41, United States Code).
Sec. 616. Notwithstanding section 1353 of title 31, United
States Code, no officer or employee of any regulatory agency
or commission funded by this Act may accept on behalf of that
agency, nor may such agency or commission accept, payment or
reimbursement from a non-Federal entity for travel,
subsistence, or related expenses for the purpose of enabling
an officer or employee to attend and participate in any
meeting or similar function relating to the official duties
of the officer or employee when the entity offering payment
or reimbursement is a person or entity subject to regulation
by such agency or commission, or represents a person or
entity subject to regulation by such agency or commission,
unless the person or entity is an organization described in
section 501(c)(3) of the Internal Revenue Code of 1986 and
exempt from tax under section 501(a) of such Code.
Sec. 617. Notwithstanding section 708 of this Act, funds
made available to the Commodity Futures Trading Commission
and the Securities and Exchange Commission by this or any
other Act may be used for the interagency funding and
sponsorship of a joint advisory committee to advise on
emerging regulatory issues.
Sec. 618. (a)(1) Notwithstanding any other provision of
law, an Executive agency covered by this Act otherwise
authorized to enter into contracts for either leases or the
construction or alteration of real property for office,
meeting, storage, or other space must consult with the
General Services Administration before issuing a solicitation
for offers of new leases or construction contracts, and in
the case of succeeding leases, before entering into
negotiations with the current lessor.
(2) Any such agency with authority to enter into an
emergency lease may do so during any period declared by the
President to require emergency leasing authority with respect
to such agency.
(b) For purposes of this section, the term ``Executive
agency covered by this Act'' means any Executive agency
provided funds by this Act, but does not include the General
Services Administration or the United States Postal Service.
Sec. 619. (a) There are appropriated for the following
activities the amounts required under current law:
(1) Compensation of the President (3 U.S.C. 102).
(2) Payments to--
(A) the Judicial Officers' Retirement Fund (28 U.S.C.
377(o));
(B) the Judicial Survivors' Annuities Fund (28 U.S.C.
376(c)); and
(C) the United States Court of Federal Claims Judges'
Retirement Fund (28 U.S.C. 178(l)).
(3) Payment of Government contributions--
(A) with respect to the health benefits of retired
employees, as authorized by chapter 89 of title 5, United
States Code, and the Retired Federal Employees Health
Benefits Act (74 Stat. 849); and
(B) with respect to the life insurance benefits for
employees retiring after December 31, 1989 (5 U.S.C. ch. 87).
(4) Payment to finance the unfunded liability of new and
increased annuity benefits under the Civil Service Retirement
and Disability Fund (5 U.S.C. 8348).
(5) Payment of annuities authorized to be paid from the
Civil Service Retirement and Disability Fund by statutory
provisions other than subchapter III of chapter 83 or chapter
84 of title 5, United States Code.
(b) Nothing in this section may be construed to exempt any
amount appropriated by this section from any otherwise
applicable limitation on the use of funds contained in this
Act.
Sec. 620. (a) In addition to amounts made available in
prior fiscal years, the Public Company Accounting Oversight
Board (Board) shall have authority to obligate funds for the
scholarship program established by section 109(c)(2) of the
Sarbanes-Oxley Act of 2002 (Public Law 107-204) in fiscal
year 2020 in an aggregate amount not exceeding the amount of
funds collected by the Board between January 1, 2019, and
September 30, 2019, including accrued interest, and between
October 1, 2019, and September 30, 2020, including accrued
interest, as a result of the assessment of monetary
penalties. Funds available for obligation in fiscal year 2020
shall remain available until expended.
(b) Beginning in fiscal year 2021 and for each fiscal year
thereafter, the Board shall have authority to obligate funds
for the scholarship program established by section 109(c)(2)
of the Sarbanes-Oxley Act of 2002 (Public Law 107-204) in
such fiscal year in an aggregate amount not exceeding the
amounts of funds collected by the Board between October 1 and
September 30 of such fiscal year, including accrued interest,
as a result of the assessment of monetary penalties. Funds
made available for obligation in any fiscal year shall be in
addition to amounts made available in prior fiscal years and
shall remain available until expended.
Sec. 621. None of the funds made available in this Act may
be used by the Federal Trade Commission to complete the draft
report entitled ``Interagency Working Group on Food Marketed
to Children: Preliminary Proposed Nutrition Principles to
Guide Industry Self-Regulatory Efforts'' unless the
Interagency Working Group on Food Marketed to Children
complies with Executive Order No. 13563.
Sec. 622. (a) The head of each executive branch agency
funded by this Act shall ensure that the Chief Information
Officer of the agency has the authority to participate in
decisions regarding the budget planning process related to
information technology.
(b) Amounts appropriated for any executive branch agency
funded by this Act that are available for information
technology shall be allocated within the agency, consistent
with the provisions of appropriations Acts and budget
guidelines and recommendations from the Director of the
Office of Management and Budget, in such manner as specified
by, or approved by, the Chief Information Officer of the
agency in consultation with the Chief Financial Officer of
the agency and budget officials.
Sec. 623. None of the funds made available in this Act may
be used in contravention of chapter 29, 31, or 33 of title
44, United States Code.
Sec. 624. None of the funds made available in this Act may
be used by a governmental entity to require the disclosure by
a provider of electronic communication service to the public
or remote computing service of the contents of a wire or
electronic communication that is in electronic storage with
the provider (as such terms are defined in sections 2510 and
2711 of title 18, United States Code) in a manner that
violates the Fourth Amendment to the Constitution of the
United States.
Sec. 625. None of the funds appropriated by this Act may
be used by the Federal Communications Commission to modify,
amend, or change the rules or regulations of the Commission
for universal service high-cost support for competitive
eligible telecommunications carriers in a way that is
inconsistent with paragraph (e)(5) or (e)(6) of section
54.307 of title 47, Code of Federal Regulations, as in effect
on July 15, 2015: Provided, That this section shall not
prohibit the Commission from considering, developing, or
adopting other support mechanisms as an alternative to
Mobility Fund Phase II.
Sec. 626. No funds provided in this Act shall be used to
deny an Inspector General funded under this Act timely access
to any records, documents, or other materials available to
the department or agency over which that Inspector General
has responsibilities under the Inspector General Act of 1978,
or to prevent or impede that Inspector General's access to
such records, documents, or other materials, under any
provision of law, except a provision of law that expressly
refers to the Inspector General and expressly limits the
Inspector General's right of access. A department or agency
covered by this section shall provide its Inspector General
with access to all such records, documents, and other
materials in a timely manner. Each Inspector General shall
ensure compliance
[[Page H10364]]
with statutory limitations on disclosure relevant to the
information provided by the establishment over which that
Inspector General has responsibilities under the Inspector
General Act of 1978. Each Inspector General covered by this
section shall report to the Committees on Appropriations of
the House of Representatives and the Senate within 5 calendar
days any failures to comply with this requirement.
Sec. 627. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network
unless such network blocks the viewing, downloading, and
exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law
enforcement agency or any other entity carrying out criminal
investigations, prosecution, adjudication activities, or
other law enforcement- or victim assistance-related activity.
Sec. 628. None of the funds appropriated or other-wise
made available by this Act may be used to pay award or
incentive fees for contractors whose performance has been
judged to be below satisfactory, behind schedule, over
budget, or has failed to meet the basic requirements of a
contract, unless the Agency determines that any such
deviations are due to unforeseeable events, government-driven
scope changes, or are not significant within the overall
scope of the project and/or program and unless such awards or
incentive fees are consistent with 16.401(e)(2) of the
Federal Acquisition Regulation.
Sec. 629. (a) None of the funds made available under this
Act may be used to pay for travel and conference activities
that result in a total cost to an Executive branch
department, agency, board or commission funded by this Act of
more than $500,000 at any single conference unless the agency
or entity determines that such attendance is in the national
interest and advance notice is transmitted to the Committees
on Appropriations of the House of Representatives and the
Senate that includes the basis of that determination.
(b) None of the funds made available under this Act may be
used to pay for the travel to or attendance of more than 50
employees, who are stationed in the United States, at any
single conference occurring outside the United States unless
the agency or entity determines that such attendance is in
the national interest and advance notice is transmitted to
the Committees on Appropriations of the House of
Representatives and the Senate that includes the basis of
that determination.
Sec. 630. None of the funds made available by this Act may
be used for first-class or business-class travel by the
employees of executive branch agencies funded by this Act in
contravention of sections 301-10.122 through 301-10.125 of
title 41, Code of Federal Regulations.
Sec. 631. In addition to any amounts appropriated or
otherwise made available for expenses related to enhancements
to www.oversight.gov, $1,000,000, to remain available until
expended, shall be provided for an additional amount for such
purpose to the Inspectors General Council Fund established
pursuant to Section 11(c)(3)(B) of the Inspector General Act
of 1978 (5 U.S.C. App.): Provided, That these amounts shall
be in addition to any amounts or any authority available to
the Council of the Inspectors General on Integrity and
Efficiency under section 11 of the Inspector General Act of
1978 (5 U.S.C. App.).
Sec. 632. Of the unobligated balances from prior year
appropriations available under the heading ``Small Business
Administration--Business Loans Program Account'' heading,
$16,369,000 are hereby permanently rescinded: Provided, That
no amounts may be rescinded under this section from amounts
that were designated by the Congress as an emergency
requirement pursuant to a concurrent resolution on the budget
or the Balanced Budget and Emergency Deficit Control Act of
1985.
Sec. 633. None of the funds made available by this Act may
be obligated on contracts in excess of $5,000 for public
relations, as that term is defined in Office and Management
and Budget Circular A-87 (revised May 10, 2004), unless
advance notice of such an obligation is transmitted to the
Committees on Appropriations of the House of Representatives
and the Senate.
Sec. 634. None of the funds made available by this Act
shall be used by the Securities and Exchange Commission to
finalize, issue, or implement any rule, regulation, or order
regarding the disclosure of political contributions,
contributions to tax exempt organizations, or dues paid to
trade associations.
Sec. 635. None of the funds appropriated by this Act may
be used to enforce section 540 of Public Law 110-329 (122
Stat. 3688) or section 538 of Public Law 112-74 (125 Stat.
976; 6 U.S.C. 190 note).
TITLE VII
GENERAL PROVISIONS--GOVERNMENT-WIDE
Departments, Agencies, and Corporations
(including transfer of funds)
Sec. 701. No department, agency, or instrumentality of the
United States receiving appropriated funds under this or any
other Act for fiscal year 2020 shall obligate or expend any
such funds, unless such department, agency, or
instrumentality has in place, and will continue to administer
in good faith, a written policy designed to ensure that all
of its workplaces are free from the illegal use, possession,
or distribution of controlled substances (as defined in the
Controlled Substances Act (21 U.S.C. 802)) by the officers
and employees of such department, agency, or instrumentality.
Sec. 702. Unless otherwise specifically provided, the
maximum amount allowable during the current fiscal year in
accordance with subsection 1343(c) of title 31, United States
Code, for the purchase of any passenger motor vehicle
(exclusive of buses, ambulances, law enforcement vehicles,
protective vehicles, and undercover surveillance vehicles),
is hereby fixed at $19,947 except station wagons for which
the maximum shall be $19,997: Provided, That these limits
may be exceeded by not to exceed $7,250 for police-type
vehicles: Provided further, That the limits set forth in
this section may not be exceeded by more than 5 percent for
electric or hybrid vehicles purchased for demonstration under
the provisions of the Electric and Hybrid Vehicle Research,
Development, and Demonstration Act of 1976: Provided
further, That the limits set forth in this section may be
exceeded by the incremental cost of clean alternative fuels
vehicles acquired pursuant to Public Law 101-549 over the
cost of comparable conventionally fueled vehicles: Provided
further, That the limits set forth in this section shall not
apply to any vehicle that is a commercial item and which
operates on alternative fuel, including but not limited to
electric, plug-in hybrid electric, and hydrogen fuel cell
vehicles.
Sec. 703. Appropriations of the executive departments and
independent establishments for the current fiscal year
available for expenses of travel, or for the expenses of the
activity concerned, are hereby made available for quarters
allowances and cost-of-living allowances, in accordance with
5 U.S.C. 5922-5924.
Sec. 704. Unless otherwise specified in law during the
current fiscal year, no part of any appropriation contained
in this or any other Act shall be used to pay the
compensation of any officer or employee of the Government of
the United States (including any agency the majority of the
stock of which is owned by the Government of the United
States) whose post of duty is in the continental United
States unless such person: (1) is a citizen of the United
States; (2) is a person who is lawfully admitted for
permanent residence and is seeking citizenship as outlined in
8 U.S.C. 1324b(a)(3)(B); (3) is a person who is admitted as a
refugee under 8 U.S.C. 1157 or is granted asylum under 8
U.S.C. 1158 and has filed a declaration of intention to
become a lawful permanent resident and then a citizen when
eligible; or (4) is a person who owes allegiance to the
United States: Provided, That for purposes of this section,
affidavits signed by any such person shall be considered
prima facie evidence that the requirements of this section
with respect to his or her status are being complied with:
Provided further, That for purposes of subsections (2) and
(3) such affidavits shall be submitted prior to employment
and updated thereafter as necessary: Provided further, That
any person making a false affidavit shall be guilty of a
felony, and upon conviction, shall be fined no more than
$4,000 or imprisoned for not more than 1 year, or both:
Provided further, That the above penal clause shall be in
addition to, and not in substitution for, any other
provisions of existing law: Provided further, That any
payment made to any officer or employee contrary to the
provisions of this section shall be recoverable in action by
the Federal Government: Provided further, That this section
shall not apply to any person who is an officer or employee
of the Government of the United States on the date of
enactment of this Act, or to international broadcasters
employed by the Broadcasting Board of Governors, or to
temporary employment of translators, or to temporary
employment in the field service (not to exceed 60 days) as a
result of emergencies: Provided further, That this section
does not apply to the employment as Wildland firefighters for
not more than 120 days of nonresident aliens employed by the
Department of the Interior or the USDA Forest Service
pursuant to an agreement with another country.
Sec. 705. Appropriations available to any department or
agency during the current fiscal year for necessary expenses,
including maintenance or operating expenses, shall also be
available for payment to the General Services Administration
for charges for space and services and those expenses of
renovation and alteration of buildings and facilities which
constitute public improvements performed in accordance with
the Public Buildings Act of 1959 (73 Stat. 479), the Public
Buildings Amendments of 1972 (86 Stat. 216), or other
applicable law.
Sec. 706. In addition to funds provided in this or any
other Act, all Federal agencies are authorized to receive and
use funds resulting from the sale of materials, including
Federal records disposed of pursuant to a records schedule
recovered through recycling or waste prevention programs.
Such funds shall be available until expended for the
following purposes:
(1) Acquisition, waste reduction and prevention, and
recycling programs as described in Executive Order No. 13834
(May 17, 2018), including any such programs adopted prior to
the effective date of the Executive order.
(2) Other Federal agency environmental management programs,
including, but not limited to, the development and
implementation of hazardous waste management and pollution
prevention programs.
(3) Other employee programs as authorized by law or as
deemed appropriate by the head of the Federal agency.
[[Page H10365]]
Sec. 707. Funds made available by this or any other Act
for administrative expenses in the current fiscal year of the
corporations and agencies subject to chapter 91 of title 31,
United States Code, shall be available, in addition to
objects for which such funds are otherwise available, for
rent in the District of Columbia; services in accordance with
5 U.S.C. 3109; and the objects specified under this head, all
the provisions of which shall be applicable to the
expenditure of such funds unless otherwise specified in the
Act by which they are made available: Provided, That in the
event any functions budgeted as administrative expenses are
subsequently transferred to or paid from other funds, the
limitations on administrative expenses shall be
correspondingly reduced.
Sec. 708. No part of any appropriation contained in this
or any other Act shall be available for interagency financing
of boards (except Federal Executive Boards), commissions,
councils, committees, or similar groups (whether or not they
are interagency entities) which do not have a prior and
specific statutory approval to receive financial support from
more than one agency or instrumentality.
Sec. 709. None of the funds made available pursuant to the
provisions of this or any other Act shall be used to
implement, administer, or enforce any regulation which has
been disapproved pursuant to a joint resolution duly adopted
in accordance with the applicable law of the United States.
Sec. 710. During the period in which the head of any
department or agency, or any other officer or civilian
employee of the Federal Government appointed by the President
of the United States, holds office, no funds may be obligated
or expended in excess of $5,000 to furnish or redecorate the
office of such department head, agency head, officer, or
employee, or to purchase furniture or make improvements for
any such office, unless advance notice of such furnishing or
redecoration is transmitted to the Committees on
Appropriations of the House of Representatives and the
Senate. For the purposes of this section, the term ``office''
shall include the entire suite of offices assigned to the
individual, as well as any other space used primarily by the
individual or the use of which is directly controlled by the
individual.
Sec. 711. Notwithstanding 31 U.S.C. 1346, or section 708
of this Act, funds made available for the current fiscal year
by this or any other Act shall be available for the
interagency funding of national security and emergency
preparedness telecommunications initiatives which benefit
multiple Federal departments, agencies, or entities, as
provided by Executive Order No. 13618 (July 6, 2012).
Sec. 712. (a) None of the funds made available by this or
any other Act may be obligated or expended by any department,
agency, or other instrumentality of the Federal Government to
pay the salaries or expenses of any individual appointed to a
position of a confidential or policy-determining character
that is excepted from the competitive service under section
3302 of title 5, United States Code, (pursuant to schedule C
of subpart C of part 213 of title 5 of the Code of Federal
Regulations) unless the head of the applicable department,
agency, or other instrumentality employing such schedule C
individual certifies to the Director of the Office of
Personnel Management that the schedule C position occupied by
the individual was not created solely or primarily in order
to detail the individual to the White House.
(b) The provisions of this section shall not apply to
Federal employees or members of the armed forces detailed to
or from an element of the intelligence community (as that
term is defined under section 3(4) of the National Security
Act of 1947 (50 U.S.C. 3003(4))).
Sec. 713. No part of any appropriation contained in this
or any other Act shall be available for the payment of the
salary of any officer or employee of the Federal Government,
who--
(1) prohibits or prevents, or attempts or threatens to
prohibit or prevent, any other officer or employee of the
Federal Government from having any direct oral or written
communication or contact with any Member, committee, or
subcommittee of the Congress in connection with any matter
pertaining to the employment of such other officer or
employee or pertaining to the department or agency of such
other officer or employee in any way, irrespective of whether
such communication or contact is at the initiative of such
other officer or employee or in response to the request or
inquiry of such Member, committee, or subcommittee; or
(2) removes, suspends from duty without pay, demotes,
reduces in rank, seniority, status, pay, or performance or
efficiency rating, denies promotion to, relocates, reassigns,
transfers, disciplines, or discriminates in regard to any
employment right, entitlement, or benefit, or any term or
condition of employment of, any other officer or employee of
the Federal Government, or attempts or threatens to commit
any of the foregoing actions with respect to such other
officer or employee, by reason of any communication or
contact of such other officer or employee with any Member,
committee, or subcommittee of the Congress as described in
paragraph (1).
Sec. 714. (a) None of the funds made available in this or
any other Act may be obligated or expended for any employee
training that--
(1) does not meet identified needs for knowledge, skills,
and abilities bearing directly upon the performance of
official duties;
(2) contains elements likely to induce high levels of
emotional response or psychological stress in some
participants;
(3) does not require prior employee notification of the
content and methods to be used in the training and written
end of course evaluation;
(4) contains any methods or content associated with
religious or quasi-religious belief systems or ``new age''
belief systems as defined in Equal Employment Opportunity
Commission Notice N-915.022, dated September 2, 1988; or
(5) is offensive to, or designed to change, participants'
personal values or lifestyle outside the workplace.
(b) Nothing in this section shall prohibit, restrict, or
otherwise preclude an agency from conducting training bearing
directly upon the performance of official duties.
Sec. 715. No part of any funds appropriated in this or any
other Act shall be used by an agency of the executive branch,
other than for normal and recognized executive-legislative
relationships, for publicity or propaganda purposes, and for
the preparation, distribution or use of any kit, pamphlet,
booklet, publication, radio, television, or film presentation
designed to support or defeat legislation pending before the
Congress, except in presentation to the Congress itself.
Sec. 716. None of the funds appropriated by this or any
other Act may be used by an agency to provide a Federal
employee's home address to any labor organization except when
the employee has authorized such disclosure or when such
disclosure has been ordered by a court of competent
jurisdiction.
Sec. 717. None of the funds made available in this or any
other Act may be used to provide any non-public information
such as mailing, telephone, or electronic mailing lists to
any person or any organization outside of the Federal
Government without the approval of the Committees on
Appropriations of the House of Representatives and the
Senate.
Sec. 718. No part of any appropriation contained in this
or any other Act shall be used directly or indirectly,
including by private contractor, for publicity or propaganda
purposes within the United States not heretofore authorized
by Congress.
Sec. 719. (a) In this section, the term ``agency''--
(1) means an Executive agency, as defined under 5 U.S.C.
105; and
(2) includes a military department, as defined under
section 102 of such title, the United States Postal Service,
and the Postal Regulatory Commission.
(b) Unless authorized in accordance with law or regulations
to use such time for other purposes, an employee of an agency
shall use official time in an honest effort to perform
official duties. An employee not under a leave system,
including a Presidential appointee exempted under 5 U.S.C.
6301(2), has an obligation to expend an honest effort and a
reasonable proportion of such employee's time in the
performance of official duties.
Sec. 720. Notwithstanding 31 U.S.C. 1346 and section 708
of this Act, funds made available for the current fiscal year
by this or any other Act to any department or agency, which
is a member of the Federal Accounting Standards Advisory
Board (FASAB), shall be available to finance an appropriate
share of FASAB administrative costs.
Sec. 721. Notwithstanding 31 U.S.C. 1346 and section 708
of this Act, the head of each Executive department and agency
is hereby authorized to transfer to or reimburse ``General
Services Administration, Government-wide Policy'' with the
approval of the Director of the Office of Management and
Budget, funds made available for the current fiscal year by
this or any other Act, including rebates from charge card and
other contracts: Provided, That these funds shall be
administered by the Administrator of General Services to
support Government-wide and other multi-agency financial,
information technology, procurement, and other management
innovations, initiatives, and activities, including improving
coordination and reducing duplication, as approved by the
Director of the Office of Management and Budget, in
consultation with the appropriate interagency and multi-
agency groups designated by the Director (including the
President's Management Council for overall management
improvement initiatives, the Chief Financial Officers Council
for financial management initiatives, the Chief Information
Officers Council for information technology initiatives, the
Chief Human Capital Officers Council for human capital
initiatives, the Chief Acquisition Officers Council for
procurement initiatives, and the Performance Improvement
Council for performance improvement initiatives): Provided
further, That the total funds transferred or reimbursed shall
not exceed $15,000,000 to improve coordination, reduce
duplication, and for other activities related to Federal
Government Priority Goals established by 31 U.S.C. 1120, and
not to exceed $17,000,000 for Government-Wide innovations,
initiatives, and activities: Provided further, That the
funds transferred to or for reimbursement of ``General
Services Administration, Government-wide Policy'' during
fiscal year 2020 shall remain available for obligation
through September 30, 2021: Provided further, That such
transfers or reimbursements may only be made after 15 days
following notification of the Committees on Appropriations of
the House of Representatives and the Senate by
[[Page H10366]]
the Director of the Office of Management and Budget.
Sec. 722. Notwithstanding any other provision of law, a
woman may breastfeed her child at any location in a Federal
building or on Federal property, if the woman and her child
are otherwise authorized to be present at the location.
Sec. 723. Notwithstanding 31 U.S.C. 1346, or section 708
of this Act, funds made available for the current fiscal year
by this or any other Act shall be available for the
interagency funding of specific projects, workshops, studies,
and similar efforts to carry out the purposes of the National
Science and Technology Council (authorized by Executive Order
No. 12881), which benefit multiple Federal departments,
agencies, or entities: Provided, That the Office of
Management and Budget shall provide a report describing the
budget of and resources connected with the National Science
and Technology Council to the Committees on Appropriations,
the House Committee on Science, Space, and Technology, and
the Senate Committee on Commerce, Science, and Transportation
90 days after enactment of this Act.
Sec. 724. Any request for proposals, solicitation, grant
application, form, notification, press release, or other
publications involving the distribution of Federal funds
shall comply with any relevant requirements in part 200 of
title 2, Code of Federal Regulations: Provided, That this
section shall apply to direct payments, formula funds, and
grants received by a State receiving Federal funds.
Sec. 725. (a) Prohibition of Federal Agency Monitoring of
Individuals' Internet Use.--None of the funds made available
in this or any other Act may be used by any Federal agency--
(1) to collect, review, or create any aggregation of data,
derived from any means, that includes any personally
identifiable information relating to an individual's access
to or use of any Federal Government Internet site of the
agency; or
(2) to enter into any agreement with a third party
(including another government agency) to collect, review, or
obtain any aggregation of data, derived from any means, that
includes any personally identifiable information relating to
an individual's access to or use of any nongovernmental
Internet site.
(b) Exceptions.--The limitations established in subsection
(a) shall not apply to--
(1) any record of aggregate data that does not identify
particular persons;
(2) any voluntary submission of personally identifiable
information;
(3) any action taken for law enforcement, regulatory, or
supervisory purposes, in accordance with applicable law; or
(4) any action described in subsection (a)(1) that is a
system security action taken by the operator of an Internet
site and is necessarily incident to providing the Internet
site services or to protecting the rights or property of the
provider of the Internet site.
(c) Definitions.--For the purposes of this section:
(1) The term ``regulatory'' means agency actions to
implement, interpret or enforce authorities provided in law.
(2) The term ``supervisory'' means examinations of the
agency's supervised institutions, including assessing safety
and soundness, overall financial condition, management
practices and policies and compliance with applicable
standards as provided in law.
Sec. 726. (a) None of the funds appropriated by this Act
may be used to enter into or renew a contract which includes
a provision providing prescription drug coverage, except
where the contract also includes a provision for
contraceptive coverage.
(b) Nothing in this section shall apply to a contract
with--
(1) any of the following religious plans:
(A) Personal Care's HMO; and
(B) OSF HealthPlans, Inc.; and
(2) any existing or future plan, if the carrier for the
plan objects to such coverage on the basis of religious
beliefs.
(c) In implementing this section, any plan that enters into
or renews a contract under this section may not subject any
individual to discrimination on the basis that the individual
refuses to prescribe or otherwise provide for contraceptives
because such activities would be contrary to the individual's
religious beliefs or moral convictions.
(d) Nothing in this section shall be construed to require
coverage of abortion or abortion-related services.
Sec. 727. The United States is committed to ensuring the
health of its Olympic, Pan American, and Paralympic athletes,
and supports the strict adherence to anti-doping in sport
through testing, adjudication, education, and research as
performed by nationally recognized oversight authorities.
Sec. 728. Notwithstanding any other provision of law,
funds appropriated for official travel to Federal departments
and agencies may be used by such departments and agencies, if
consistent with Office of Management and Budget Circular A-
126 regarding official travel for Government personnel, to
participate in the fractional aircraft ownership pilot
program.
Sec. 729. Notwithstanding any other provision of law, none
of the funds appropriated or made available under this or any
other appropriations Act may be used to implement or enforce
restrictions or limitations on the Coast Guard Congressional
Fellowship Program, or to implement the proposed regulations
of the Office of Personnel Management to add sections 300.311
through 300.316 to part 300 of title 5 of the Code of Federal
Regulations, published in the Federal Register, volume 68,
number 174, on September 9, 2003 (relating to the detail of
executive branch employees to the legislative branch).
Sec. 730. Notwithstanding any other provision of law, no
executive branch agency shall purchase, construct, or lease
any additional facilities, except within or contiguous to
existing locations, to be used for the purpose of conducting
Federal law enforcement training without the advance approval
of the Committees on Appropriations of the House of
Representatives and the Senate, except that the Federal Law
Enforcement Training Center is authorized to obtain the
temporary use of additional facilities by lease, contract, or
other agreement for training which cannot be accommodated in
existing Center facilities.
Sec. 731. Unless otherwise authorized by existing law,
none of the funds provided in this or any other Act may be
used by an executive branch agency to produce any prepackaged
news story intended for broadcast or distribution in the
United States, unless the story includes a clear notification
within the text or audio of the prepackaged news story that
the prepackaged news story was prepared or funded by that
executive branch agency.
Sec. 732. None of the funds made available in this Act may
be used in contravention of section 552a of title 5, United
States Code (popularly known as the Privacy Act), and
regulations implementing that section.
Sec. 733. (a) In General.--None of the funds appropriated
or otherwise made available by this or any other Act may be
used for any Federal Government contract with any foreign
incorporated entity which is treated as an inverted domestic
corporation under section 835(b) of the Homeland Security Act
of 2002 (6 U.S.C. 395(b)) or any subsidiary of such an
entity.
(b) Waivers.--
(1) In general.--Any Secretary shall waive subsection (a)
with respect to any Federal Government contract under the
authority of such Secretary if the Secretary determines that
the waiver is required in the interest of national security.
(2) Report to congress.--Any Secretary issuing a waiver
under paragraph (1) shall report such issuance to Congress.
(c) Exception.--This section shall not apply to any Federal
Government contract entered into before the date of the
enactment of this Act, or to any task order issued pursuant
to such contract.
Sec. 734. During fiscal year 2020, for each employee who--
(1) retires under section 8336(d)(2) or 8414(b)(1)(B) of
title 5, United States Code; or
(2) retires under any other provision of subchapter III of
chapter 83 or chapter 84 of such title 5 and receives a
payment as an incentive to separate, the separating agency
shall remit to the Civil Service Retirement and Disability
Fund an amount equal to the Office of Personnel Management's
average unit cost of processing a retirement claim for the
preceding fiscal year. Such amounts shall be available until
expended to the Office of Personnel Management and shall be
deemed to be an administrative expense under section
8348(a)(1)(B) of title 5, United States Code.
Sec. 735. (a) None of the funds made available in this or
any other Act may be used to recommend or require any entity
submitting an offer for a Federal contract to disclose any of
the following information as a condition of submitting the
offer:
(1) Any payment consisting of a contribution, expenditure,
independent expenditure, or disbursement for an
electioneering communication that is made by the entity, its
officers or directors, or any of its affiliates or
subsidiaries to a candidate for election for Federal office
or to a political committee, or that is otherwise made with
respect to any election for Federal office.
(2) Any disbursement of funds (other than a payment
described in paragraph (1)) made by the entity, its officers
or directors, or any of its affiliates or subsidiaries to any
person with the intent or the reasonable expectation that the
person will use the funds to make a payment described in
paragraph (1).
(b) In this section, each of the terms ``contribution'',
``expenditure'', ``independent expenditure'',
``electioneering communication'', ``candidate'',
``election'', and ``Federal office'' has the meaning given
such term in the Federal Election Campaign Act of 1971 (52
U.S.C. 30101 et seq.).
Sec. 736. None of the funds made available in this or any
other Act may be used to pay for the painting of a portrait
of an officer or employee of the Federal government,
including the President, the Vice President, a member of
Congress (including a Delegate or a Resident Commissioner to
Congress), the head of an executive branch agency (as defined
in section 133 of title 41, United States Code), or the head
of an office of the legislative branch.
Sec. 737. (a)(1) Notwithstanding any other provision of
law, and except as otherwise provided in this section, no
part of any of the funds appropriated for fiscal year 2020,
by this or any other Act, may be used to pay any prevailing
rate employee described in section 5342(a)(2)(A) of title 5,
United States Code--
(A) during the period from the date of expiration of the
limitation imposed by the comparable section for the previous
fiscal years until the normal effective date of the
applicable wage survey adjustment that is to take effect in
fiscal year 2020, in an amount that exceeds the rate payable
for the applicable grade and step of the applicable wage
schedule in accordance with such section; and
[[Page H10367]]
(B) during the period consisting of the remainder of fiscal
year 2020, in an amount that exceeds, as a result of a wage
survey adjustment, the rate payable under subparagraph (A) by
more than the sum of--
(i) the percentage adjustment taking effect in fiscal year
2020 under section 5303 of title 5, United States Code, in
the rates of pay under the General Schedule; and
(ii) the difference between the overall average percentage
of the locality-based comparability payments taking effect in
fiscal year 2020 under section 5304 of such title (whether by
adjustment or otherwise), and the overall average percentage
of such payments which was effective in the previous fiscal
year under such section.
(2) Notwithstanding any other provision of law, no
prevailing rate employee described in subparagraph (B) or (C)
of section 5342(a)(2) of title 5, United States Code, and no
employee covered by section 5348 of such title, may be paid
during the periods for which paragraph (1) is in effect at a
rate that exceeds the rates that would be payable under
paragraph (1) were paragraph (1) applicable to such employee.
(3) For the purposes of this subsection, the rates payable
to an employee who is covered by this subsection and who is
paid from a schedule not in existence on September 30, 2019,
shall be determined under regulations prescribed by the
Office of Personnel Management.
(4) Notwithstanding any other provision of law, rates of
premium pay for employees subject to this subsection may not
be changed from the rates in effect on September 30, 2019,
except to the extent determined by the Office of Personnel
Management to be consistent with the purpose of this
subsection.
(5) This subsection shall apply with respect to pay for
service performed after September 30, 2019.
(6) For the purpose of administering any provision of law
(including any rule or regulation that provides premium pay,
retirement, life insurance, or any other employee benefit)
that requires any deduction or contribution, or that imposes
any requirement or limitation on the basis of a rate of
salary or basic pay, the rate of salary or basic pay payable
after the application of this subsection shall be treated as
the rate of salary or basic pay.
(7) Nothing in this subsection shall be considered to
permit or require the payment to any employee covered by this
subsection at a rate in excess of the rate that would be
payable were this subsection not in effect.
(8) The Office of Personnel Management may provide for
exceptions to the limitations imposed by this subsection if
the Office determines that such exceptions are necessary to
ensure the recruitment or retention of qualified employees.
(b) Notwithstanding subsection (a), the adjustment in rates
of basic pay for the statutory pay systems that take place in
fiscal year 2020 under sections 5344 and 5348 of title 5,
United States Code, shall be--
(1) not less than the percentage received by employees in
the same location whose rates of basic pay are adjusted
pursuant to the statutory pay systems under sections 5303 and
5304 of title 5, United States Code: Provided, That
prevailing rate employees at locations where there are no
employees whose pay is increased pursuant to sections 5303
and 5304 of title 5, United States Code, and prevailing rate
employees described in section 5343(a)(5) of title 5, United
States Code, shall be considered to be located in the pay
locality designated as ``Rest of United States'' pursuant to
section 5304 of title 5, United States Code, for purposes of
this subsection; and
(2) effective as of the first day of the first applicable
pay period beginning after September 30, 2019.
Sec. 738. (a) The head of any Executive branch department,
agency, board, commission, or office funded by this or any
other appropriations Act shall submit annual reports to the
Inspector General or senior ethics official for any entity
without an Inspector General, regarding the costs and
contracting procedures related to each conference held by any
such department, agency, board, commission, or office during
fiscal year 2020 for which the cost to the United States
Government was more than $100,000.
(b) Each report submitted shall include, for each
conference described in subsection (a) held during the
applicable period--
(1) a description of its purpose;
(2) the number of participants attending;
(3) a detailed statement of the costs to the United States
Government, including--
(A) the cost of any food or beverages;
(B) the cost of any audio-visual services;
(C) the cost of employee or contractor travel to and from
the conference; and
(D) a discussion of the methodology used to determine which
costs relate to the conference; and
(4) a description of the contracting procedures used
including--
(A) whether contracts were awarded on a competitive basis;
and
(B) a discussion of any cost comparison conducted by the
departmental component or office in evaluating potential
contractors for the conference.
(c) Within 15 days after the end of a quarter, the head of
any such department, agency, board, commission, or office
shall notify the Inspector General or senior ethics official
for any entity without an Inspector General, of the date,
location, and number of employees attending a conference held
by any Executive branch department, agency, board,
commission, or office funded by this or any other
appropriations Act during fiscal year 2020 for which the cost
to the United States Government was more than $20,000.
(d) A grant or contract funded by amounts appropriated by
this or any other appropriations Act may not be used for the
purpose of defraying the costs of a conference described in
subsection (c) that is not directly and programmatically
related to the purpose for which the grant or contract was
awarded, such as a conference held in connection with
planning, training, assessment, review, or other routine
purposes related to a project funded by the grant or
contract.
(e) None of the funds made available in this or any other
appropriations Act may be used for travel and conference
activities that are not in compliance with Office of
Management and Budget Memorandum M-12-12 dated May 11, 2012
or any subsequent revisions to that memorandum.
Sec. 739. None of the funds made available in this or any
other appropriations Act may be used to increase, eliminate,
or reduce funding for a program, project, or activity as
proposed in the President's budget request for a fiscal year
until such proposed change is subsequently enacted in an
appropriation Act, or unless such change is made pursuant to
the reprogramming or transfer provisions of this or any other
appropriations Act.
Sec. 740. None of the funds made available by this or any
other Act may be used to implement, administer, enforce, or
apply the rule entitled ``Competitive Area'' published by the
Office of Personnel Management in the Federal Register on
April 15, 2008 (73 Fed. Reg. 20180 et seq.).
Sec. 741. None of the funds appropriated or otherwise made
available by this or any other Act may be used to begin or
announce a study or public-private competition regarding the
conversion to contractor performance of any function
performed by Federal employees pursuant to Office of
Management and Budget Circular A-76 or any other
administrative regulation, directive, or policy.
Sec. 742. (a) None of the funds appropriated or otherwise
made available by this or any other Act may be available for
a contract, grant, or cooperative agreement with an entity
that requires employees or contractors of such entity seeking
to report fraud, waste, or abuse to sign internal
confidentiality agreements or statements prohibiting or
otherwise restricting such employees or contractors from
lawfully reporting such waste, fraud, or abuse to a
designated investigative or law enforcement representative of
a Federal department or agency authorized to receive such
information.
(b) The limitation in subsection (a) shall not contravene
requirements applicable to Standard Form 312, Form 4414, or
any other form issued by a Federal department or agency
governing the nondisclosure of classified information.
Sec. 743. (a) No funds appropriated in this or any other
Act may be used to implement or enforce the agreements in
Standard Forms 312 and 4414 of the Government or any other
nondisclosure policy, form, or agreement if such policy,
form, or agreement does not contain the following provisions:
``These provisions are consistent with and do not supersede,
conflict with, or otherwise alter the employee obligations,
rights, or liabilities created by existing statute or
Executive order relating to (1) classified information, (2)
communications to Congress, (3) the reporting to an Inspector
General of a violation of any law, rule, or regulation, or
mismanagement, a gross waste of funds, an abuse of authority,
or a substantial and specific danger to public health or
safety, or (4) any other whistleblower protection. The
definitions, requirements, obligations, rights, sanctions,
and liabilities created by controlling Executive orders and
statutory provisions are incorporated into this agreement and
are controlling.'': Provided, That notwithstanding the
preceding provision of this section, a nondisclosure policy
form or agreement that is to be executed by a person
connected with the conduct of an intelligence or
intelligence-related activity, other than an employee or
officer of the United States Government, may contain
provisions appropriate to the particular activity for which
such document is to be used. Such form or agreement shall, at
a minimum, require that the person will not disclose any
classified information received in the course of such
activity unless specifically authorized to do so by the
United States Government. Such nondisclosure forms shall also
make it clear that they do not bar disclosures to Congress,
or to an authorized official of an executive agency or the
Department of Justice, that are essential to reporting a
substantial violation of law.
(b) A nondisclosure agreement may continue to be
implemented and enforced notwithstanding subsection (a) if it
complies with the requirements for such agreement that were
in effect when the agreement was entered into.
(c) No funds appropriated in this or any other Act may be
used to implement or enforce any agreement entered into
during fiscal year 2014 which does not contain substantially
similar language to that required in subsection (a).
Sec. 744. None of the funds made available by this or any
other Act may be used to enter into a contract, memorandum of
understanding, or cooperative agreement with, make a grant
to, or provide a loan or loan guarantee to, any corporation
that has any
[[Page H10368]]
unpaid Federal tax liability that has been assessed, for
which all judicial and administrative remedies have been
exhausted or have lapsed, and that is not being paid in a
timely manner pursuant to an agreement with the authority
responsible for collecting the tax liability, where the
awarding agency is aware of the unpaid tax liability, unless
a Federal agency has considered suspension or debarment of
the corporation and has made a determination that this
further action is not necessary to protect the interests of
the Government.
Sec. 745. None of the funds made available by this or any
other Act may be used to enter into a contract, memorandum of
understanding, or cooperative agreement with, make a grant
to, or provide a loan or loan guarantee to, any corporation
that was convicted of a felony criminal violation under any
Federal law within the preceding 24 months, where the
awarding agency is aware of the conviction, unless a Federal
agency has considered suspension or debarment of the
corporation and has made a determination that this further
action is not necessary to protect the interests of the
Government.
Sec. 746. (a) During fiscal year 2020, on the date on which
a request is made for a transfer of funds in accordance with
section 1017 of Public Law 111-203, the Bureau of Consumer
Financial Protection shall notify the Committees on
Appropriations of the House of Representatives and the
Senate, the Committee on Financial Services of the House of
Representatives, and the Committee on Banking, Housing, and
Urban Affairs of the Senate of such request.
(b) Any notification required by this section shall be made
available on the Bureau's public Web site.
Sec. 747. If, for fiscal year 2020, new budget authority
provided in appropriations Acts exceeds the discretionary
spending limit for any category set forth in section 251(c)
of the Balanced Budget and Emergency Deficit Control Act of
1985 due to estimating differences with the Congressional
Budget Office, an adjustment to the discretionary spending
limit in such category for fiscal year 2020 shall be made by
the Director of the Office of Management and Budget in the
amount of the excess but the total of all such adjustments
shall not exceed 0.2 percent of the sum of the adjusted
discretionary spending limits for all categories for that
fiscal year.
Sec. 748. (a) The adjustment in rates of basic pay for
employees under the statutory pay systems that takes effect
in fiscal year 2020 under section 5303 of title 5, United
States Code, shall be an increase of 2.6 percent, and the
overall average percentage of the adjustments taking effect
in such fiscal year under sections 5304 and 5304a of such
title 5 shall be an increase of 0.5 percent (with
comparability payments to be determined and allocated among
pay localities by the President). All adjustments under this
subsection shall be effective as of the first day of the
first applicable pay period beginning on or after January 1,
2020.
(b) Notwithstanding section 737, the adjustment in rates of
basic pay for the statutory pay systems that take place in
fiscal year 2020 under sections 5344 and 5348 of title 5,
United States Code, shall be no less than the percentages in
subsection (a) as employees in the same location whose rates
of basic pay are adjusted pursuant to the statutory pay
systems under section 5303, 5304, and 5304a of title 5,
United States Code. Prevailing rate employees at locations
where there are no employees whose pay is increased pursuant
to sections 5303, 5304, and 5304a of such title 5 and
prevailing rate employees described in section 5343(a)(5) of
such title 5 shall be considered to be located in the pay
locality designated as ``Rest of U.S.'' pursuant to section
5304 of such title 5 for purposes of this subsection.
(c) Funds used to carry out this section shall be paid from
appropriations, which are made to each applicable department
or agency for salaries and expenses for fiscal year 2020.
Sec. 749. (a) Notwithstanding the official rate adjusted
under section 104 of title 3, United States Code, the rate
payable to the Vice President during calendar year 2020 shall
be the rate payable to the Vice President on December 31,
2019, by operation of section 749 of division D of Public Law
116-6.
(b) Notwithstanding the official rate adjusted under
section 5318 of title 5, United States Code, or any other
provision of law, the payable rate during calendar year 2020
for an employee serving in an Executive Schedule position, or
in a position for which the rate of pay is fixed by statute
at an Executive Schedule rate, shall be the rate payable for
the applicable Executive Schedule level on December 31, 2019,
by operation of section 749 of division D of Public Law 116-
6. Such an employee may not receive a pay rate increase
during calendar year 2020, except as provided in subsection
(i).
(c) Notwithstanding section 401 of the Foreign Service Act
of 1980 (Public Law 96-465) or any other provision of law, a
chief of mission or ambassador at large is subject to
subsection (b) in the same manner as other employees who are
paid at an Executive Schedule rate.
(d)(1) This subsection applies to--
(A) a noncareer appointee in the Senior Executive Service
paid a rate of basic pay at or above the official rate for
level IV of the Executive Schedule; or
(B) a limited term appointee or limited emergency appointee
in the Senior Executive Service serving under a political
appointment and paid a rate of basic pay at or above the
official rate for level IV of the Executive Schedule.
(2) Notwithstanding sections 5382 and 5383 of title 5,
United States Code, an employee described in paragraph (1)
may not receive a pay rate increase during calendar year
2020, except as provided in subsection (i).
(e) Notwithstanding any other provision of law, any
employee paid a rate of basic pay (including any locality-
based payments under section 5304 of title 5, United States
Code, or similar authority) at or above the official rate for
level IV of the Executive Schedule who serves under a
political appointment may not receive a pay rate increase
during calendar year 2020, except as provided in subsection
(i). This subsection does not apply to employees in the
General Schedule pay system or the Foreign Service pay
system, to employees appointed under section 3161 of title 5,
United States Code, or to employees in another pay system
whose position would be classified at GS-15 or below if
chapter 51 of title 5, United States Code, applied to them.
(f) Nothing in subsections (b) through (e) shall prevent
employees who do not serve under a political appointment from
receiving pay increases as otherwise provided under
applicable law.
(g) This section does not apply to an individual who makes
an election to retain Senior Executive Service basic pay
under section 3392(c) of title 5, United States Code, for
such time as that election is in effect.
(h) This section does not apply to an individual who makes
an election to retain Senior Foreign Service pay entitlements
under section 302(b) of the Foreign Service Act of 1980
(Public Law 96-465) for such time as that election is in
effect.
(i) Notwithstanding subsections (b) through (e), an
employee in a covered position may receive a pay rate
increase upon an authorized movement to a different covered
position only if that new position has higher-level duties
and a pre-established level or range of pay higher than the
level or range for the position held immediately before the
movement. Any such increase must be based on the rates of pay
and applicable limitations on payable rates of pay in effect
on December 31, 2019, by operation of section 749 of division
D of Public Law 116-6.
(j) Notwithstanding any other provision of law, for an
individual who is newly appointed to a covered position
during the period of time subject to this section, the
initial pay rate shall be based on the rates of pay and
applicable limitations on payable rates of pay in effect on
December 31, 2019, by operation of section 749 of division D
of Public Law 116-6.
(k) If an employee affected by this section is subject to a
biweekly pay period that begins in calendar year 2020 but
ends in calendar year 2021, the bar on the employee's receipt
of pay rate increases shall apply through the end of that pay
period.
(l) For the purpose of this section, the term ``covered
position'' means a position occupied by an employee whose pay
is restricted under this section.
(m) This section takes effect on the first day of the first
applicable pay period beginning on or after January 1, 2020.
Sec. 750. Except as expressly provided otherwise, any
reference to ``this Act'' contained in any title other than
title IV or VIII shall not apply to such title IV or VIII.
TITLE VIII
GENERAL PROVISIONS--DISTRICT OF COLUMBIA
(including transfers of funds)
Sec. 801. There are appropriated from the applicable funds
of the District of Columbia such sums as may be necessary for
making refunds and for the payment of legal settlements or
judgments that have been entered against the District of
Columbia government.
Sec. 802. None of the Federal funds provided in this Act
shall be used for publicity or propaganda purposes or
implementation of any policy including boycott designed to
support or defeat legislation pending before Congress or any
State legislature.
Sec. 803. (a) None of the Federal funds provided under this
Act to the agencies funded by this Act, both Federal and
District government agencies, that remain available for
obligation or expenditure in fiscal year 2020, or provided
from any accounts in the Treasury of the United States
derived by the collection of fees available to the agencies
funded by this Act, shall be available for obligation or
expenditures for an agency through a reprogramming of funds
which--
(1) creates new programs;
(2) eliminates a program, project, or responsibility
center;
(3) establishes or changes allocations specifically denied,
limited or increased under this Act;
(4) increases funds or personnel by any means for any
program, project, or responsibility center for which funds
have been denied or restricted;
(5) re-establishes any program or project previously
deferred through reprogramming;
(6) augments any existing program, project, or
responsibility center through a reprogramming of funds in
excess of $3,000,000 or 10 percent, whichever is less; or
(7) increases by 20 percent or more personnel assigned to a
specific program, project or responsibility center,
unless prior approval is received from the Committees on
Appropriations of the House of Representatives and the
Senate.
[[Page H10369]]
(b) The District of Columbia government is authorized to
approve and execute reprogramming and transfer requests of
local funds under this title through November 7, 2020.
Sec. 804. None of the Federal funds provided in this Act
may be used by the District of Columbia to provide for
salaries, expenses, or other costs associated with the
offices of United States Senator or United States
Representative under section 4(d) of the District of Columbia
Statehood Constitutional Convention Initiatives of 1979 (D.C.
Law 3-171; D.C. Official Code, sec. 1-123).
Sec. 805. Except as otherwise provided in this section,
none of the funds made available by this Act or by any other
Act may be used to provide any officer or employee of the
District of Columbia with an official vehicle unless the
officer or employee uses the vehicle only in the performance
of the officer's or employee's official duties. For purposes
of this section, the term ``official duties'' does not
include travel between the officer's or employee's residence
and workplace, except in the case of--
(1) an officer or employee of the Metropolitan Police
Department who resides in the District of Columbia or is
otherwise designated by the Chief of the Department;
(2) at the discretion of the Fire Chief, an officer or
employee of the District of Columbia Fire and Emergency
Medical Services Department who resides in the District of
Columbia and is on call 24 hours a day;
(3) at the discretion of the Director of the Department of
Corrections, an officer or employee of the District of
Columbia Department of Corrections who resides in the
District of Columbia and is on call 24 hours a day;
(4) at the discretion of the Chief Medical Examiner, an
officer or employee of the Office of the Chief Medical
Examiner who resides in the District of Columbia and is on
call 24 hours a day;
(5) at the discretion of the Director of the Homeland
Security and Emergency Management Agency, an officer or
employee of the Homeland Security and Emergency Management
Agency who resides in the District of Columbia and is on call
24 hours a day;
(6) the Mayor of the District of Columbia; and
(7) the Chairman of the Council of the District of
Columbia.
Sec. 806. (a) None of the Federal funds contained in this
Act may be used by the District of Columbia Attorney General
or any other officer or entity of the District government to
provide assistance for any petition drive or civil action
which seeks to require Congress to provide for voting
representation in Congress for the District of Columbia.
(b) Nothing in this section bars the District of Columbia
Attorney General from reviewing or commenting on briefs in
private lawsuits, or from consulting with officials of the
District government regarding such lawsuits.
Sec. 807. None of the Federal funds contained in this Act
may be used to distribute any needle or syringe for the
purpose of preventing the spread of blood borne pathogens in
any location that has been determined by the local public
health or local law enforcement authorities to be
inappropriate for such distribution.
Sec. 808. Nothing in this Act may be construed to prevent
the Council or Mayor of the District of Columbia from
addressing the issue of the provision of contraceptive
coverage by health insurance plans, but it is the intent of
Congress that any legislation enacted on such issue should
include a ``conscience clause'' which provides exceptions for
religious beliefs and moral convictions.
Sec. 809. (a) None of the Federal funds contained in this
Act may be used to enact or carry out any law, rule, or
regulation to legalize or otherwise reduce penalties
associated with the possession, use, or distribution of any
schedule I substance under the Controlled Substances Act (21
U.S.C. 801 et seq.) or any tetrahydrocannabinols derivative.
(b) No funds available for obligation or expenditure by the
District of Columbia government under any authority may be
used to enact any law, rule, or regulation to legalize or
otherwise reduce penalties associated with the possession,
use, or distribution of any schedule I substance under the
Controlled Substances Act (21 U.S.C. 801 et seq.) or any
tetrahydrocannabinols derivative for recreational purposes.
Sec. 810. No funds available for obligation or expenditure
by the District of Columbia government under any authority
shall be expended for any abortion except where the life of
the mother would be endangered if the fetus were carried to
term or where the pregnancy is the result of an act of rape
or incest.
Sec. 811. (a) No later than 30 calendar days after the date
of the enactment of this Act, the Chief Financial Officer for
the District of Columbia shall submit to the appropriate
committees of Congress, the Mayor, and the Council of the
District of Columbia, a revised appropriated funds operating
budget in the format of the budget that the District of
Columbia government submitted pursuant to section 442 of the
District of Columbia Home Rule Act (D.C. Official Code, sec.
1-204.42), for all agencies of the District of Columbia
government for fiscal year 2020 that is in the total amount
of the approved appropriation and that realigns all budgeted
data for personal services and other-than-personal services,
respectively, with anticipated actual expenditures.
(b) This section shall apply only to an agency for which
the Chief Financial Officer for the District of Columbia
certifies that a reallocation is required to address
unanticipated changes in program requirements.
Sec. 812. No later than 30 calendar days after the date of
the enactment of this Act, the Chief Financial Officer for
the District of Columbia shall submit to the appropriate
committees of Congress, the Mayor, and the Council for the
District of Columbia, a revised appropriated funds operating
budget for the District of Columbia Public Schools that
aligns schools budgets to actual enrollment. The revised
appropriated funds budget shall be in the format of the
budget that the District of Columbia government submitted
pursuant to section 442 of the District of Columbia Home Rule
Act (D.C. Official Code, sec. 1-204.42).
Sec. 813. (a) Amounts appropriated in this Act as operating
funds may be transferred to the District of Columbia's
enterprise and capital funds and such amounts, once
transferred, shall retain appropriation authority consistent
with the provisions of this Act.
(b) The District of Columbia government is authorized to
reprogram or transfer for operating expenses any local funds
transferred or reprogrammed in this or the four prior fiscal
years from operating funds to capital funds, and such
amounts, once transferred or reprogrammed, shall retain
appropriation authority consistent with the provisions of
this Act.
(c) The District of Columbia government may not transfer or
reprogram for operating expenses any funds derived from
bonds, notes, or other obligations issued for capital
projects.
Sec. 814. None of the Federal funds appropriated in this
Act shall remain available for obligation beyond the current
fiscal year, nor may any be transferred to other
appropriations, unless expressly so provided herein.
Sec. 815. Except as otherwise specifically provided by law
or under this Act, not to exceed 50 percent of unobligated
balances remaining available at the end of fiscal year 2020
from appropriations of Federal funds made available for
salaries and expenses for fiscal year 2020 in this Act, shall
remain available through September 30, 2021, for each such
account for the purposes authorized: Provided, That a
request shall be submitted to the Committees on
Appropriations of the House of Representatives and the Senate
for approval prior to the expenditure of such funds:
Provided further, That these requests shall be made in
compliance with reprogramming guidelines outlined in section
803 of this Act.
Sec. 816. (a)(1) During fiscal year 2021, during a period
in which neither a District of Columbia continuing resolution
or a regular District of Columbia appropriation bill is in
effect, local funds are appropriated in the amount provided
for any project or activity for which local funds are
provided in the Act referred to in paragraph (2) (subject to
any modifications enacted by the District of Columbia as of
the beginning of the period during which this subsection is
in effect) at the rate set forth by such Act.
(2) The Act referred to in this paragraph is the Act of the
Council of the District of Columbia pursuant to which a
proposed budget is approved for fiscal year 2021 which
(subject to the requirements of the District of Columbia Home
Rule Act) will constitute the local portion of the annual
budget for the District of Columbia government for fiscal
year 2021 for purposes of section 446 of the District of
Columbia Home Rule Act (sec. 1-204.46, D.C. Official Code).
(b) Appropriations made by subsection (a) shall cease to be
available--
(1) during any period in which a District of Columbia
continuing resolution for fiscal year 2021 is in effect; or
(2) upon the enactment into law of the regular District of
Columbia appropriation bill for fiscal year 2021.
(c) An appropriation made by subsection (a) is provided
under the authority and conditions as provided under this Act
and shall be available to the extent and in the manner that
would be provided by this Act.
(d) An appropriation made by subsection (a) shall cover all
obligations or expenditures incurred for such project or
activity during the portion of fiscal year 2021 for which
this section applies to such project or activity.
(e) This section shall not apply to a project or activity
during any period of fiscal year 2021 if any other provision
of law (other than an authorization of appropriations)--
(1) makes an appropriation, makes funds available, or
grants authority for such project or activity to continue for
such period; or
(2) specifically provides that no appropriation shall be
made, no funds shall be made available, or no authority shall
be granted for such project or activity to continue for such
period.
(f) Nothing in this section shall be construed to affect
obligations of the government of the District of Columbia
mandated by other law.
Sec. 817. Except as expressly provided otherwise, any
reference to ``this Act'' contained in this title or in title
IV shall be treated as referring only to the provisions of
this title or of title IV.
This division may be cited as the ``Financial Services and
General Government Appropriations Act, 2020''.
[[Page H10370]]
DIVISION D--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2020
TITLE I
DEPARTMENTAL MANAGEMENT, OPERATIONS, INTELLIGENCE, AND OVERSIGHT
Office of the Secretary and Executive Management
operations and support
For necessary expenses of the Office of the Secretary and
for executive management for operations and support,
$168,808,000; of which $10,000,000 shall be for an Ombudsman
for Immigration Detention as established by section 106, of
which $5,000,000 shall remain available until September 30,
2021; and of which $500,000 shall be withheld from obligation
until the Secretary appoints such Ombudsman for Immigration
Detention and complies with the directive related to the
Public Complaint and Feedback System Working Group in the
explanatory statement accompanying this Act: Provided, That
not to exceed $30,000 shall be for official reception and
representation expenses.
federal assistance
(including transfer of funds)
For necessary expenses of the Office of the Secretary and
Executive Management for Federal Assistance through grants,
contracts, cooperative agreements, and other activities,
$10,000,000, which shall be transferred to the Federal
Emergency Management Agency for targeted violence and
terrorism prevention grants.
Management Directorate
operations and support
For necessary expenses of the Management Directorate for
operations and support, $1,182,142,000: Provided, That not
to exceed $2,000 shall be for official reception and
representation expenses: Provided further, That of the funds
made available under this heading, $2,000,000 shall be
withheld from obligation until the first report required by
section 403 has been made available on a publicly accessible
website.
procurement, construction, and improvements
For necessary expenses of the Management Directorate for
procurement, construction, and improvements, $381,298,000, of
which $157,531,000 shall remain available until September 30,
2022; and of which $223,767,000 shall remain available until
September 30, 2024, to plan, acquire, design, construct,
renovate, remediate, equip, furnish, improve infrastructure,
and occupy buildings and facilities for the Department
headquarters consolidation project.
federal protective service
The revenues and collections of security fees credited to
this account shall be available until expended for necessary
expenses related to the protection of federally owned and
leased buildings and for the operations of the Federal
Protective Service.
Intelligence, Analysis, and Operations Coordination
operations and support
For necessary expenses of the Office of Intelligence and
Analysis and the Office of Operations Coordination for
operations and support, $284,141,000, of which $68,579,000
shall remain available until September 30, 2021: Provided,
That not to exceed $3,825 shall be for official reception and
representation expenses and not to exceed $2,000,000 is
available for facility needs associated with secure space at
fusion centers, including improvements to buildings.
Office of Inspector General
operations and support
For necessary expenses of the Office of Inspector General
for operations and support, $190,186,000: Provided, That not
to exceed $300,000 may be used for certain confidential
operational expenses, including the payment of informants, to
be expended at the direction of the Inspector General.
Administrative Provisions
Sec. 101. (a) The Secretary of Homeland Security shall
submit a report not later than October 15, 2020, to the
Inspector General of the Department of Homeland Security
listing all grants and contracts awarded by any means other
than full and open competition during fiscal years 2019 or
2020.
(b) The Inspector General shall review the report required
by subsection (a) to assess departmental compliance with
applicable laws and regulations and report the results of
that review to the Committees on Appropriations of the Senate
and the House of Representatives not later than February 15,
2021.
Sec. 102. Not later than 30 days after the last day of
each month, the Chief Financial Officer of the Department of
Homeland Security shall submit to the Committees on
Appropriations of the Senate and the House of Representatives
a monthly budget and staffing report that includes total
obligations of the Department for that month and for the
fiscal year at the appropriation and program, project, and
activity levels, by the source year of the appropriation.
Sec. 103. The Secretary of Homeland Security shall require
that all contracts of the Department of Homeland Security
that provide award fees link such fees to successful
acquisition outcomes, which shall be specified in terms of
cost, schedule, and performance.
Sec. 104. The Secretary of Homeland Security, in
consultation with the Secretary of the Treasury, shall notify
the Committees on Appropriations of the Senate and the House
of Representatives of any proposed transfers of funds
available under section 9705(g)(4)(B) of title 31, United
States Code, from the Department of the Treasury Forfeiture
Fund to any agency within the Department of Homeland
Security: Provided, That none of the funds identified for
such a transfer may be obligated until the Committees on
Appropriations of the Senate and the House of Representatives
are notified of the proposed transfers.
Sec. 105. All official costs associated with the use of
Government aircraft by Department of Homeland Security
personnel to support official travel of the Secretary and the
Deputy Secretary shall be paid from amounts made available
for the Office of the Secretary.
establishment of an immigration detention ombudsman
Sec. 106. (a) In General.--Subtitle A of title IV of the
Homeland Security Act of 2002 is amended by adding the
following new section:
``SEC. 405. OMBUDSMAN FOR IMMIGRATION DETENTION.
``(a) In General.--Within the Department, there shall be a
position of Immigration Detention Ombudsman (in this section
referred to as the `Ombudsman'). The Ombudsman shall be
independent of Department agencies and officers and shall
report directly to the Secretary. The Ombudsman shall be a
senior official with a background in civil rights
enforcement, civil detention care and custody, and
immigration law.
``(b) Functions.--The functions of the Ombudsman shall be
to--
``(1) Establish and administer an independent, neutral, and
confidential process to receive, investigate, resolve, and
provide redress, including referral for investigation to the
Office of the Inspector General, referral to U.S. Citizenship
and Immigration Services for immigration relief, or any other
action determined appropriate, for cases in which Department
officers or other personnel, or contracted, subcontracted, or
cooperating entity personnel, are found to have engaged in
misconduct or violated the rights of individuals in
immigration detention;
``(2) Establish an accessible and standardized process
regarding complaints against any officer or employee of U.S.
Customs and Border Protection or U.S. Immigration and Customs
Enforcement, or any contracted, subcontracted, or cooperating
entity personnel, for violations of law, standards of
professional conduct, contract terms, or policy related to
immigration detention;
``(3) Conduct unannounced inspections of detention
facilities holding individuals in federal immigration
custody, including those owned or operated by units of State
or local government and privately-owned or operated
facilities;
``(4) Review, examine, and make recommendations to address
concerns or violations of contract terms identified in
reviews, audits, investigations, or detainee interviews
regarding immigration detention facilities and services;
``(5) Provide assistance to individuals affected by
potential misconduct, excessive force, or violations of law
or detention standards by Department of Homeland Security
officers or other personnel, or contracted, subcontracted, or
cooperating entity personnel; and
``(6) Ensure that the functions performed by the Ombudsman
are complementary to existing functions within the Department
of Homeland Security.
``(c) Access to Detention Facilities.--The Ombudsman or
designated personnel of the Ombudsman, shall be provided
unfettered access to any location within each such detention
facility and shall be permitted confidential access to any
detainee at the detainee's request and any departmental
records concerning such detainee.
``(d) Coordination With Department Components.--
``(1) In general.--The Director of U.S. Immigration and
Customs Enforcement and the Commissioner of U.S. Customs and
Border Protection shall each establish procedures to provide
formal responses to recommendations submitted to such
officials by the Ombudsman within 60 days of receiving such
recommendations.
``(2) Access to information.--The Secretary shall establish
procedures to provide the Ombudsman access to all
departmental records necessary to execute the
responsibilities of the Ombudsman under subsection (b) or (c)
not later than 60 days after a request from the Ombudsman for
such information.
``(e) Annual Report.--The Ombudsman shall prepare a report
to Congress on an annual basis on its activities, findings,
and recommendations.''.
(b) Clerical Amendment.--The table of contents of the
Homeland Security Act of 2002 is amended by adding the
following new item after ``Sec. 404. Surface Transportation
Security Advisory Committee.'':
``Sec. 405. Ombudsman for Immigration Detention.''.
Sec. 107. Section 107 of the Department of Homeland
Security Appropriations Act, 2018 (division F of Public Law
115-141), related to visa overstay data, shall apply in
fiscal year 2020, except that the reference to ``this Act''
shall be treated as referring to this Act, and the reference
to ``2017'' shall be treated as referring to ``2019''.
[[Page H10371]]
TITLE II
SECURITY, ENFORCEMENT, AND INVESTIGATIONS
U.S. Customs and Border Protection
operations and support
For necessary expenses of U.S. Customs and Border
Protection for operations and support, including the
transportation of unaccompanied minor aliens; the provision
of air and marine support to Federal, State, local, and
international agencies in the enforcement or administration
of laws enforced by the Department of Homeland Security; at
the discretion of the Secretary of Homeland Security, the
provision of such support to Federal, State, and local
agencies in other law enforcement and emergency humanitarian
efforts; the purchase and lease of up to 7,500 (6,500 for
replacement only) police-type vehicles; the purchase,
maintenance, or operation of marine vessels, aircraft, and
unmanned aerial systems; and contracting with individuals for
personal services abroad; $12,735,399,000; of which
$3,274,000 shall be derived from the Harbor Maintenance Trust
Fund for administrative expenses related to the collection of
the Harbor Maintenance Fee pursuant to section 9505(c)(3) of
the Internal Revenue Code of 1986 (26 U.S.C. 9505(c)(3)) and
notwithstanding section 1511(e)(1) of the Homeland Security
Act of 2002 (6 U.S.C. 551(e)(1)); of which $500,000,000 shall
be available until September 30, 2021; and of which such sums
as become available in the Customs User Fee Account, except
sums subject to section 13031(f)(3) of the Consolidated
Omnibus Budget Reconciliation Act of 1985 (19 U.S.C.
58c(f)(3)), shall be derived from that account; and of which
$104,377,000 is for additional Office of Field Operations
staffing: Provided, That not to exceed $34,425 shall be for
official reception and representation expenses: Provided
further, That not to exceed $150,000 shall be available for
payment for rental space in connection with preclearance
operations: Provided further, That not to exceed $2,000,000
shall be for awards of compensation to informants, to be
accounted for solely under the certificate of the Secretary
of Homeland Security: Provided further, That not to exceed
$5,000,000 may be transferred to the Bureau of Indian Affairs
for the maintenance and repair of roads on Native American
reservations used by the U.S. Border Patrol: Provided
further, That of the funds made available under this heading
for the Executive Leadership and Oversight program, project,
and activity, $5,000,000 shall be withheld from obligation
until the reports directed by the explanatory statement
accompanying this Act concerning Custody and Transfer
Metrics, the Migrant Protection Protocol program, and medical
guidance have been made available on a publicly accessible
website.
procurement, construction, and improvements
For necessary expenses of U.S. Customs and Border
Protection for procurement, construction, and improvements,
including procurement of marine vessels, aircraft, and
unmanned aerial systems, $1,904,468,000, of which
$467,104,000 shall remain available until September 30, 2022,
and of which $1,437,364,000 shall remain available until
September 30, 2024.
U.S. Immigration and Customs Enforcement
operations and support
For necessary expenses of U.S. Immigration and Customs
Enforcement for operations and support, including the
purchase and lease of up to 3,790 (2,350 for replacement
only) police-type vehicles; overseas vetted units; and
maintenance, minor construction, and minor leasehold
improvements at owned and leased facilities; $8,032,801,000;
of which not less than $6,000,000 shall remain available
until expended for efforts to enforce laws against forced
child labor; of which $53,696,000 shall remain available
until September 30, 2021; of which not less than $1,500,000
is for paid apprenticeships for participants in the Human
Exploitation Rescue Operative Child-Rescue Corps; of which
not less than $15,000,000 shall be available for
investigation of intellectual property rights violations,
including operation of the National Intellectual Property
Rights Coordination Center; and of which not less than
$4,429,033,000 shall be for enforcement, detention, and
removal operations, including transportation of unaccompanied
minor aliens: Provided, That not to exceed $11,475 shall be
for official reception and representation expenses: Provided
further, That not to exceed $10,000,000 shall be available
until expended for conducting special operations under
section 3131 of the Customs Enforcement Act of 1986 (19
U.S.C. 2081): Provided further, That not to exceed
$2,000,000 shall be for awards of compensation to informants,
to be accounted for solely under the certificate of the
Secretary of Homeland Security: Provided further, That not
to exceed $11,216,000 shall be available to fund or reimburse
other Federal agencies for the costs associated with the
care, maintenance, and repatriation of smuggled aliens
unlawfully present in the United States: Provided further,
That of the funds made available under this heading,
$10,000,000 shall be withheld from obligation until the first
report required by section 218 has been made available on a
publicly accessible website.
procurement, construction, and improvements
For necessary expenses of U.S. Immigration and Customs
Enforcement for procurement, construction, and improvements,
$47,270,000, to remain available until September 30, 2022; of
which not less than $36,970,000 shall be available for
facilities repair and maintenance projects.
Transportation Security Administration
operations and support
For necessary expenses of the Transportation Security
Administration for operations and support, $7,680,565,000, to
remain available until September 30, 2021: Provided, That
not to exceed $7,650 shall be for official reception and
representation expenses: Provided further, That security
service fees authorized under section 44940 of title 49,
United States Code, shall be credited to this appropriation
as offsetting collections and shall be available only for
aviation security: Provided further, That the sum
appropriated under this heading from the general fund shall
be reduced on a dollar-for-dollar basis as such offsetting
collections are received during fiscal year 2020 so as to
result in a final fiscal year appropriation from the general
fund estimated at not more than $4,850,565,000.
procurement, construction, and improvements
For necessary expenses of the Transportation Security
Administration for procurement, construction, and
improvements, $110,100,000, to remain available until
September 30, 2022.
research and development
For necessary expenses of the Transportation Security
Administration for research and development, $22,902,000, to
remain available until September 30, 2021.
Coast Guard
operations and support
For necessary expenses of the Coast Guard for operations
and support including the Coast Guard Reserve; purchase or
lease of not to exceed 25 passenger motor vehicles, which
shall be for replacement only; purchase or lease of small
boats for contingent and emergent requirements (at a unit
cost of not more than $700,000) and repairs and service-life
replacements, not to exceed a total of $31,000,000; purchase,
lease, or improvements of boats necessary for overseas
deployments and activities; payments pursuant to section 156
of Public Law 97-377 (42 U.S.C. 402 note; 96 Stat. 1920); and
recreation and welfare; $8,181,253,000, of which $530,000,000
shall be for defense-related activities, of which
$190,000,000 is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
Deficit Control Act of 1985; of which $24,500,000 shall be
derived from the Oil Spill Liability Trust Fund to carry out
the purposes of section 1012(a)(5) of the Oil Pollution Act
of 1990 (33 U.S.C. 2712(a)(5)); of which $11,000,000 shall
remain available until September 30, 2022; and of which
$19,982,000 shall remain available until September 30, 2024,
for environmental compliance and restoration: Provided, That
not to exceed $23,000 shall be for official reception and
representation expenses.
procurement, construction, and improvements
For necessary expenses of the Coast Guard for procurement,
construction, and improvements, including aids to navigation,
shore facilities (including facilities at Department of
Defense installations used by the Coast Guard), and vessels
and aircraft, including equipment related thereto,
$1,772,506,000, to remain available until September 30, 2024;
of which $20,000,000 shall be derived from the Oil Spill
Liability Trust Fund to carry out the purposes of section
1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C.
2712(a)(5)); and of which $32,350,000, shall be available to
carry out the purposes of section 2946 of title 14, United
States Code, of which $26,376,833 shall be derived from the
Coast Guard Housing Fund, established pursuant to such
section.
research and development
For necessary expenses of the Coast Guard for research and
development; and for maintenance, rehabilitation, lease, and
operation of facilities and equipment; $4,949,000, to remain
available until September 30, 2022, of which $500,000 shall
be derived from the Oil Spill Liability Trust Fund to carry
out the purposes of section 1012(a)(5) of the Oil Pollution
Act of 1990 (33 U.S.C. 2712(a)(5)): Provided, That there may
be credited to and used for the purposes of this
appropriation funds received from State and local
governments, other public authorities, private sources, and
foreign countries for expenses incurred for research,
development, testing, and evaluation.
retired pay
For retired pay, including the payment of obligations
otherwise chargeable to lapsed appropriations for this
purpose, payments under the Retired Serviceman's Family
Protection and Survivor Benefits Plans, payment for career
status bonuses, payment of continuation pay under section 356
of title 37, United States Code, concurrent receipts, combat-
related special compensation, and payments for medical care
of retired personnel and their dependents under chapter 55 of
title 10, United States Code, $1,802,309,000, to remain
available until expended.
United States Secret Service
operations and support
For necessary expenses of the United States Secret Service
for operations and support, including purchase of not to
exceed 652
[[Page H10372]]
vehicles for police-type use for replacement only; hire of
passenger motor vehicles; purchase of motorcycles made in the
United States; hire of aircraft; rental of buildings in the
District of Columbia; fencing, lighting, guard booths, and
other facilities on private or other property not in
Government ownership or control, as may be necessary to
perform protective functions; conduct of and participation in
firearms matches; presentation of awards; conduct of
behavioral research in support of protective intelligence and
operations; payment in advance for commercial accommodations
as may be necessary to perform protective functions; and
payment, without regard to section 5702 of title 5, United
States Code, of subsistence expenses of employees who are on
protective missions, whether at or away from their duty
stations; $2,336,401,000; of which $39,763,000 shall remain
available until September 30, 2021, and of which $6,000,000
shall be for a grant for activities related to investigations
of missing and exploited children; and of which up to
$15,000,000 may be for calendar year 2019 premium pay in
excess of the annual equivalent of the limitation on the rate
of pay contained in section 5547(a) of title 5, United States
Code, pursuant to section 2 of the Overtime Pay for
Protective Services Act of 2016 (5 U.S.C. 5547 note), as
amended by Public Law 115-383: Provided, That not to exceed
$19,125 shall be for official reception and representation
expenses: Provided further, That not to exceed $100,000
shall be to provide technical assistance and equipment to
foreign law enforcement organizations in criminal
investigations within the jurisdiction of the United States
Secret Service.
procurement, construction, and improvements
For necessary expenses of the United States Secret Service
for procurement, construction, and improvements, $66,989,000,
to remain available until September 30, 2022.
research and development
For necessary expenses of the United States Secret Service
for research and development, $12,455,000, to remain
available until September 30, 2021.
Administrative Provisions
Sec. 201. Section 201 of the Department of Homeland
Security Appropriations Act, 2018 (division F of Public Law
115-141), related to overtime compensation limitations, shall
apply with respect to funds made available in this Act in the
same manner as such section applied to funds made available
in that Act, except that ``fiscal year 2020'' shall be
substituted for ``fiscal year 2018''.
Sec. 202. Funding made available under the headings ``U.S.
Customs and Border Protection--Operations and Support'' and
``U.S. Customs and Border Protection--Procurement,
Construction, and Improvements'' shall be available for
customs expenses when necessary to maintain operations and
prevent adverse personnel actions in Puerto Rico in addition
to funding provided by section 740 of title 48, United States
Code.
Sec. 203. As authorized by section 601(b) of the United
States-Colombia Trade Promotion Agreement Implementation Act
(Public Law 112-42), fees collected from passengers arriving
from Canada, Mexico, or an adjacent island pursuant to
section 13031(a)(5) of the Consolidated Omnibus Budget
Reconciliation Act of 1985 (19 U.S.C. 58c(a)(5)) shall be
available until expended.
Sec. 204. For an additional amount for ``U.S. Customs and
Border Protection--Operations and Support'', $31,000,000, to
remain available until expended, to be reduced by amounts
collected and credited to this appropriation in fiscal year
2020 from amounts authorized to be collected by section
286(i) of the Immigration and Nationality Act (8 U.S.C.
1356(i)), section 10412 of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 8311), and section 817 of
the Trade Facilitation and Trade Enforcement Act of 2015
(Public Law 114-25), or other such authorizing language:
Provided, That to the extent that amounts realized from such
collections exceed $31,000,000, those amounts in excess of
$31,000,000 shall be credited to this appropriation, to
remain available until expended.
Sec. 205. None of the funds made available in this Act for
U.S. Customs and Border Protection may be used to prevent an
individual not in the business of importing a prescription
drug (within the meaning of section 801(g) of the Federal
Food, Drug, and Cosmetic Act) from importing a prescription
drug from Canada that complies with the Federal Food, Drug,
and Cosmetic Act: Provided, That this section shall apply
only to individuals transporting on their person a personal-
use quantity of the prescription drug, not to exceed a 90-day
supply: Provided further, That the prescription drug may not
be--
(1) a controlled substance, as defined in section 102 of
the Controlled Substances Act (21 U.S.C. 802); or
(2) a biological product, as defined in section 351 of the
Public Health Service Act (42 U.S.C. 262).
Sec. 206. Notwithstanding any other provision of law, none
of the funds provided in this or any other Act shall be used
to approve a waiver of the navigation and vessel-inspection
laws pursuant to section 501(b) of title 46, United States
Code, for the transportation of crude oil distributed from
and to the Strategic Petroleum Reserve until the Secretary of
Homeland Security, after consultation with the Secretaries of
the Departments of Energy and Transportation and
representatives from the United States flag maritime
industry, takes adequate measures to ensure the use of United
States flag vessels: Provided, That the Secretary shall
notify the Committees on Appropriations of the Senate and the
House of Representatives, the Committee on Commerce, Science,
and Transportation of the Senate, and the Committee on
Transportation and Infrastructure of the House of
Representatives within 2 business days of any request for
waivers of navigation and vessel-inspection laws pursuant to
section 501(b) of title 46, United States Code, with respect
to such transportation, and the disposition of such requests.
Sec. 207. (a) Beginning on the date of enactment of this
Act, the Secretary of Homeland Security shall not--
(1) establish, collect, or otherwise impose any new border
crossing fee on individuals crossing the Southern border or
the Northern border at a land port of entry; or
(2) conduct any study relating to the imposition of a
border crossing fee.
(b) In this section, the term ``border crossing fee'' means
a fee that every pedestrian, cyclist, and driver and
passenger of a private motor vehicle is required to pay for
the privilege of crossing the Southern border or the Northern
border at a land port of entry.
Sec. 208. Not later than 90 days after the date of
enactment of this Act, the Secretary of Homeland Security
shall submit an expenditure plan for any amounts made
available for ``U.S. Customs and Border Protection--
Procurement, Construction, and Improvements'' in this Act and
prior Acts to the Committees on Appropriations of the Senate
and the House of Representatives: Provided, That no such
amounts may be obligated prior to the submission of such
plan.
Sec. 209. (a) Of the total amount made available under
``U.S. Customs and Border Protection--Procurement,
Construction, and Improvements'', $1,904,468,000 shall be
available only as follows:
(1) $1,375,000,000 for the construction of barrier system
along the southwest border;
(2) $221,912,000 for the acquisition and deployment of
border security technologies and trade and travel assets and
infrastructure;
(3) $62,364,000 for facility construction and improvements;
(4) $199,519,000 for integrated operations assets and
infrastructure; and
(5) $45,673,000 for mission support and infrastructure.
(b) The amount designated in subsection (a)(1) shall only
be available for barrier systems that--
(1) use--
(A) operationally effective designs deployed as of the date
of enactment of the Consolidated Appropriations Act, 2017
(Public Law 115-31), such as currently deployed steel bollard
designs, that prioritize agent safety; or
(B) operationally effective adaptations of such designs
that help mitigate community or environmental impacts of
barrier system construction, including adaptations based on
consultation with jurisdictions within which barrier system
will be constructed; and
(2) are constructed in the highest priority locations as
identified in the Border Security Improvement Plan.
(c) The Chief of the U.S. Border Patrol shall--
(1) provide a plan to the Committees on Appropriations of
the Senate and the House of Representatives for the use of
the amounts provided in subsection (a)(1) within 30 days of
the date of enactment of this Act; and
(2) notify such Committees of any amendment to the highest
priority locations identified for the use of the amount
provided in subsection (a)(1) within 5 days of such
amendment.
(d) Consultation with a jurisdiction under subsection
(b)(2) shall not exceed 90 calendar days after such
jurisdiction has been notified that U.S. Customs and Border
Protection is entering into such consultation, unless an
extension of time is agreed to by such agency and such
jurisdiction.
(e) Not later than 180 days after the date of enactment of
this Act, the Secretary of Homeland Security shall submit to
the Committee on Appropriations of the Senate, the Committee
on Appropriations of the House of Representatives, and the
Comptroller General of the United States an updated risk-
based plan for improving security along the borders of the
United States that includes the elements required under
subsection (a) of section 231 of division F of the
Consolidated Appropriations Act, 2018 (Public Law 115-141),
which shall be evaluated in accordance with subsection (b) of
such section.
Sec. 210. Federal funds may not be made available for the
construction of fencing--
(1) within the Santa Ana Wildlife Refuge;
(2) within the Bentsen-Rio Grande Valley State Park;
(3) within La Lomita Historical park;
(4) within the National Butterfly Center;
(5) within or east of the Vista del Mar Ranch tract of the
Lower Rio Grande Valley National Wildlife Refuge; or
(6) within historic cemeteries.
Sec. 211. Funds made available in this Act may be used to
alter operations within the National Targeting Center of U.S.
Customs and Border Protection: Provided, That none of the
funds provided by this Act, provided by previous
appropriations Acts that remain available for obligation or
expenditure in fiscal year 2020, or provided from any
accounts in the Treasury of the United States derived by the
collection of fees available to the components funded by this
Act, may be used
[[Page H10373]]
to reduce anticipated or planned vetting operations at
existing locations unless specifically authorized by a
statute enacted after the date of enactment of this Act.
Sec. 212. (a) Of the amounts made available by this Act for
``U.S. Customs and Border Protection--Operations and
Support''--
(1) $173,000,000 is for humanitarian care;
(2) $30,000,000 is to address health, life, and safety
issues at existing Border Patrol facilities, including
construction, and for improved video recording capabilities;
Provided, That such amounts are designated by the Congress as
being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
(b) Of the amounts made available by this Act for ``U.S.
Customs and Border Protection--Procurement, Construction, and
Improvements'', $30,000,000 is for the development of an
agency-wide electronic health records system; Provided, That
such amounts are designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985.
(c) The amounts in subsection (b) may not be obligated
until the Department of Homeland Security Chief Medical
Officer provides written certification of compliance with the
requirements described in the explanatory statement
accompanying this Act concerning electronic health records to
the Committees on Appropriations of the Senate and the House
of Representatives.
Sec. 213. Without regard to the limitation as to time and
condition of section 503(d) of this Act, the Secretary may
reprogram within and transfer funds to ``U.S. Immigration and
Customs Enforcement--Operations and Support'' as necessary to
ensure the detention of aliens prioritized for removal.
Sec. 214. None of the funds provided under the heading
``U.S. Immigration and Customs Enforcement--Operations and
Support'' may be used to continue a delegation of law
enforcement authority authorized under section 287(g) of the
Immigration and Nationality Act (8 U.S.C. 1357(g)) if the
Department of Homeland Security Inspector General determines
that the terms of the agreement governing the delegation of
authority have been materially violated.
Sec. 215. (a) None of the funds provided under the heading
``U.S. Immigration and Customs Enforcement--Operations and
Support'' may be used to continue any contract for the
provision of detention services if the two most recent
overall performance evaluations received by the contracted
facility are less than ``adequate'' or the equivalent median
score in any subsequent performance evaluation system.
(b) Beginning not later than January 1, 2021, the
performance evaluations referenced in subsection (a) shall be
conducted by the U.S. Immigration and Customs Enforcement
Office of Professional Responsibility.
Sec. 216. (a) None of the funds provided by this Act or any
other Act, or provided from any accounts in the Treasury of
the United States derived by the collection of fees available
to the components funded by this Act, may be used by the
Secretary of Homeland Security to place in detention, remove,
refer for a decision whether to initiate removal proceedings,
or initiate removal proceedings against a sponsor, potential
sponsor, or member of a household of a sponsor or potential
sponsor of an unaccompanied alien child (as defined in
section 462(g) of the Homeland Security Act of 2002 (6 U.S.C.
279(g))) based on information shared by the Secretary of
Health and Human Services.
(b) Subsection (a) shall not apply if a background check of
a sponsor, potential sponsor, or member of a household of a
sponsor or potential sponsor reveals--
(1) a felony conviction or pending felony charge that
relates to--
(A) an aggravated felony (as defined in section 101(a)(43)
of the Immigration and Nationality Act (8 U.S.C.
1101(a)(43)));
(B) child abuse;
(C) sexual violence or abuse; or
(D) child pornography;
(2) an association with any business that employs a minor
who--
(A) is unrelated to the sponsor, potential sponsor, or
member of a household of a sponsor or potential sponsor; and
(B) is--
(i) not paid a legal wage; or
(ii) unable to attend school due to the employment; or
(3) an association with the organization or implementation
of prostitution.
Sec. 217. Not later than 45 days after the date of
enactment of this Act, the Director of U.S. Immigration and
Customs Enforcement shall submit to the Committees on
Appropriations of the Senate and the House of
Representatives, and make available on a publicly accessible
website, a report describing agreements pursuant to section
287(g) of the Immigration and Nationality Act (8 U.S.C.
1357(g)) which shall include --
(1) detailed information relating to the community outreach
activities of each participating jurisdiction pursuant to
such agreement, including the membership and activities of
any community-based steering committee established by such
jurisdiction;
(2) the number of individuals placed into removal
proceedings pursuant to each such agreement;
(3) data on the performance of the officers or employees of
a State or political subdivision thereof under each such
agreement, including the nationality and level of criminality
of the individuals described in paragraph (2); and
(4) information relating to any future plans to increase
the number of such agreements or expand the scope of such
agreements through the introduction of new operations
pursuant to such section.
Sec. 218. Not later than 7 days after the date of
enactment of this Act and updated semimonthly thereafter, the
Director of U.S. Immigration and Customs Enforcement shall
make available a report, on a publicly accessible website in
a downloadable, searchable, and sortable format, with not
less than the previous twelve months of semimonthly data as
of the last date of each such reporting period; on--
(1) aliens detained by such agency, including data
disaggregated by single adults and members of family units
on--
(A) the average fiscal year-to-date daily populations of
aliens detained;
(B) the daily count of aliens detained;
(C) the fiscal year-to-date total for book-ins;
(D) the average lengths of stay, including average post-
determination length of stay in the case of detainees
described in subparagraph (F);
(E) the number transferred to the custody of U.S.
Immigration and Customs Enforcement by U.S. Customs and
Border Protection after being--
(i) deemed inadmissible at a port of entry or after being
apprehended within 14 days of entering the United States; or
(ii) arrested by U.S. Immigration and Customs Enforcement;
(F) the number determined to have a credible or reasonable
fear of--
(i) persecution, as defined in section 235(b)(1)(B)(v) of
the Immigration and Nationality Act; or
(ii) torture, as defined in section 208.30 of title 8, Code
of Federal Regulations (as in effect on January 1, 2018); and
(G) the number who have been issued a Notice to Appear
pursuant to section 239 of the Immigration and Nationality
Act, disaggregated by single adults and members of family
units;
(2) the total number of enrollees in the Alternatives to
Detention program and the average length of participation,
disaggregated by--
(A) single adults and family heads of household;
(B) participants in the family case management program;
(C) level of supervision; and
(D) location of supervision, by field office;
(3) for each facility where aliens are detained by U.S.
Immigration and Customs Enforcement--
(A) the address;
(B) the field offices that assign detainees to the
facility;
(C) the detailed facility type, as defined in the
integrated decision support system;
(D) the gender of aliens detained;
(E) the average daily population of detainees within each
detainee classification level, as defined in the integrated
decision support system;
(F) the average daily population of individuals within each
threat level, as defined in the integrated decision support
system;
(G) the average daily population within each criminality
category, as defined in the integrated decision support
system, disaggregated by gender;
(H) the average length of stay;
(I) the average daily population of individuals whose
detention is classified as mandatory;
(J) the performance standards to which the facility is
held;
(K) the date of the two most recent inspections, the entity
that performed each inspection, and a detailed summary of the
results of such inspections; and
(L) the guaranteed minimum detention capacity, if
applicable; and
(4) the total number of releases from custody, by condition
of release, and total number of removals, disaggregated by
adult facilities and family facilities.
Sec. 219. Members of the United States House of
Representatives and the United States Senate, including the
leadership; the heads of Federal agencies and commissions,
including the Secretary, Deputy Secretary, Under Secretaries,
and Assistant Secretaries of the Department of Homeland
Security; the United States Attorney General, Deputy Attorney
General, Assistant Attorneys General, and the United States
Attorneys; and senior members of the Executive Office of the
President, including the Director of the Office of Management
and Budget, shall not be exempt from Federal passenger and
baggage screening.
Sec. 220. Any award by the Transportation Security
Administration to deploy explosives detection systems shall
be based on risk, the airport's current reliance on other
screening solutions, lobby congestion resulting in increased
security concerns, high injury rates, airport readiness, and
increased cost effectiveness.
Sec. 221. Notwithstanding section 44923 of title 49,
United States Code, for fiscal year 2020, any funds in the
Aviation Security Capital Fund established by section
44923(h) of title 49, United States Code, may be used for the
procurement and installation of explosives detection systems
or for the issuance of other transaction agreements for the
purpose of funding projects described in section 44923(a) of
such title.
Sec. 222. None of the funds made available by this or any
other Act may be used by the
[[Page H10374]]
Administrator of the Transportation Security Administration
to implement, administer, or enforce, in abrogation of the
responsibility described in section 44903(n)(1) of title 49,
United States Code, any requirement that airport operators
provide airport-financed staffing to monitor exit points from
the sterile area of any airport at which the Transportation
Security Administration provided such monitoring as of
December 1, 2013.
Sec. 223. Not later than 30 days after the submission of
the President's budget proposal, the Administrator of the
Transportation Security Administration shall submit to the
Committees on Appropriations and Commerce, Science, and
Transportation of the Senate and the Committees on
Appropriations and Homeland Security in the House of
Representatives a single report that fulfills the following
requirements:
(1) a Capital Investment Plan (CIP) that includes a plan
for continuous and sustained capital investment in new, and
the replacement of aged, transportation security equipment;
(2) the 5-year technology investment plan as required by
section 1611 of title XVI of the Homeland Security Act of
2002, as amended by section 3 of the Transportation Security
Acquisition Reform Act (Public Law 113-245); and
(3) the Advanced Integrated Passenger Screening
Technologies report as required by the Senate Report
accompanying the Department of Homeland Security
Appropriations Act, 2019 (Senate Report 115-283).
Sec. 224. None of the funds made available by this Act
under the heading ``Coast Guard--Operations and Support''
shall be for expenses incurred for recreational vessels under
section 12114 of title 46, United States Code, except to the
extent fees are collected from owners of yachts and credited
to the appropriation made available by this Act under the
heading ``Coast Guard--Operations and Support'': Provided,
That to the extent such fees are insufficient to pay expenses
of recreational vessel documentation under such section
12114, and there is a backlog of recreational vessel
applications, personnel performing non-recreational vessel
documentation functions under subchapter II of chapter 121 of
title 46, United States Code, may perform documentation under
section 12114.
Sec. 225. Without regard to the limitation as to time and
condition of section 503(d) of this Act, after June 30, up to
$10,000,000 may be reprogrammed to or from the Military Pay
and Allowances funding category within ``Coast Guard--
Operations and Support'' in accordance with subsection (a) of
section 503 of this Act.
Sec. 226. Notwithstanding any other provision of law, the
Commandant of the Coast Guard shall submit to the Committees
on Appropriations of the Senate and the House of
Representatives a future-years capital investment plan as
described in the second proviso under the heading ``Coast
Guard--Acquisition, Construction, and Improvements'' in the
Department of Homeland Security Appropriations Act, 2015
(Public Law 114-4), which shall be subject to the
requirements in the third and fourth provisos under such
heading.
Sec. 227. Funds made available for Overseas Contingency
Operations/Global War on Terrorism under the heading ``Coast
Guard--Operations and Support'' may be allocated by program,
project, and activity, notwithstanding section 503 of this
Act.
Sec. 228. None of the funds in this Act shall be used to
reduce the Coast Guard's Operations Systems Center mission or
its government-employed or contract staff levels.
Sec. 229. None of the funds appropriated by this Act may
be used to conduct, or to implement the results of, a
competition under Office of Management and Budget Circular A-
76 for activities performed with respect to the Coast Guard
National Vessel Documentation Center.
Sec. 230. Funds made available in this Act may be used to
alter operations within the Civil Engineering Program of the
Coast Guard nationwide, including civil engineering units,
facilities design and construction centers, maintenance and
logistics commands, and the Coast Guard Academy, except that
none of the funds provided in this Act may be used to reduce
operations within any civil engineering unit unless
specifically authorized by a statute enacted after the date
of enactment of this Act.
Sec. 231. (a) Any discretionary amounts appropriated in
this Act in the current fiscal year and any fiscal year
thereafter may be obligated for death gratuity payments, as
authorized in subchapter II of chapter 75 of title 10, United
States Code.
(b) Subsection (a) shall only apply if an appropriation for
``Coast Guard--Operations and Support'' is unavailable for
obligation for such payments.
(c) Such obligations shall subsequently be recorded against
appropriations that become available for ``Coast Guard--
Operations and Support''.
Sec. 232. Beginning in fiscal year 2021 and for each
fiscal year thereafter, amounts credited to the Coast Guard
Housing Fund pursuant to paragraphs (3) through (5) of
subsection (b) of section 2946 of title 14, United States
Code, shall be classified as discretionary offsetting
receipts.
Sec. 233. The United States Secret Service is authorized
to obligate funds in anticipation of reimbursements from
executive agencies, as defined in section 105 of title 5,
United States Code, for personnel receiving training
sponsored by the James J. Rowley Training Center, except that
total obligations at the end of the fiscal year shall not
exceed total budgetary resources available under the heading
``United States Secret Service--Operations and Support'' at
the end of the fiscal year.
Sec. 234. None of the funds made available to the United
States Secret Service by this Act or by previous
appropriations Acts may be made available for the protection
of the head of a Federal agency other than the Secretary of
Homeland Security: Provided, That the Director of the United
States Secret Service may enter into agreements to provide
such protection on a fully reimbursable basis.
Sec. 235. For purposes of section 503(a)(3) of this Act,
up to $15,000,000 may be reprogrammed within ``United States
Secret Service--Operations and Support''.
Sec. 236. Funding made available in this Act for ``United
States Secret Service--Operations and Support'' is available
for travel of United States Secret Service employees on
protective missions without regard to the limitations on such
expenditures in this or any other Act if the Director of the
United States Secret Service or a designee notifies the
Committees on Appropriations of the Senate and the House of
Representatives 10 or more days in advance, or as early as
practicable, prior to such expenditures.
TITLE III
PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
Cybersecurity and Infrastructure Security Agency
operations and support
For necessary expenses of the Cybersecurity and
Infrastructure Security Agency for operations and support,
$1,566,229,000, of which $31,793,000 shall remain available
until September 30, 2021: Provided, That not to exceed
$3,825 shall be for official reception and representation
expenses.
procurement, construction, and improvements
For necessary expenses of the Cybersecurity and
Infrastructure Security Agency for procurement, construction,
and improvements, $434,962,000, to remain available until
September 30, 2022.
research and development
For necessary expenses of the Cybersecurity and
Infrastructure Security Agency for research and development,
$14,431,000, to remain available until September 30, 2021.
Federal Emergency Management Agency
operations and support
For necessary expenses of the Federal Emergency Management
Agency for operations and support, $1,102,199,000: Provided,
That not to exceed $2,250 shall be for official reception and
representation expenses.
procurement, construction, and improvements
For necessary expenses of the Federal Emergency Management
Agency for procurement, construction, and improvements,
$133,363,000, of which $74,167,000 shall remain available
until September 30, 2022, and of which $59,196,000 shall
remain available until September 30, 2024.
federal assistance
(including transfer of funds)
For activities of the Federal Emergency Management Agency
for Federal assistance through grants, contracts, cooperative
agreements, and other activities, $3,178,467,000, which shall
be allocated as follows:
(1) $560,000,000 for the State Homeland Security Grant
Program under section 2004 of the Homeland Security Act of
2002 (6 U.S.C. 605), of which $90,000,000 shall be for
Operation Stonegarden, $15,000,000 shall be for Tribal
Homeland Security Grants under section 2005 of the Homeland
Security Act of 2002 (6 U.S.C. 606), and $40,000,000 shall be
for organizations (as described under section 501(c)(3) of
the Internal Revenue Code of 1986 and exempt from tax under
section 501(a) of such code) determined by the Secretary of
Homeland Security to be at high risk of a terrorist attack:
Provided, That notwithstanding subsection (c)(4) of such
section 2004, for fiscal year 2020, the Commonwealth of
Puerto Rico shall make available to local and tribal
governments amounts provided to the Commonwealth of Puerto
Rico under this paragraph in accordance with subsection
(c)(1) of such section 2004.
(2) $665,000,000 for the Urban Area Security Initiative
under section 2003 of the Homeland Security Act of 2002 (6
U.S.C. 604), of which $50,000,000 shall be for organizations
(as described under section 501(c)(3) of the Internal Revenue
Code of 1986 and exempt from tax under section 501(a) of such
code) determined by the Secretary of Homeland Security to be
at high risk of a terrorist attack.
(3) $100,000,000 for Public Transportation Security
Assistance, Railroad Security Assistance, and Over-the-Road
Bus Security Assistance under sections 1406, 1513, and 1532
of the Implementing Recommendations of the 9/11 Commission
Act of 2007 (6 U.S.C. 1135, 1163, and 1182), of which
$10,000,000 shall be for Amtrak security and $2,000,000 shall
be for Over-the-Road Bus Security: Provided, That such
public transportation security assistance shall be provided
directly to public transportation agencies.
(4) $100,000,000 for Port Security Grants in accordance
with section 70107 of title 46, United States Code.
(5) $710,000,000, to remain available until September 30,
2021, of which $355,000,000 shall
[[Page H10375]]
be for Assistance to Firefighter Grants and $355,000,000
shall be for Staffing for Adequate Fire and Emergency
Response Grants under sections 33 and 34 respectively of the
Federal Fire Prevention and Control Act of 1974 (15 U.S.C.
2229 and 2229a).
(6) $355,000,000 for emergency management performance
grants under the National Flood Insurance Act of 1968 (42
U.S.C. 4001 et seq.), the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5121), the Earthquake
Hazards Reduction Act of 1977 (42 U.S.C. 7701), section 762
of title 6, United States Code, and Reorganization Plan No. 3
of 1978 (5 U.S.C. App.).
(7) $263,000,000 for necessary expenses for Flood Hazard
Mapping and Risk Analysis, in addition to and to supplement
any other sums appropriated under the National Flood
Insurance Fund, and such additional sums as may be provided
by States or other political subdivisions for cost-shared
mapping activities under section 1360(f)(2) of the National
Flood Insurance Act of 1968 (42 U.S.C. 4101(f)(2)), to remain
available until expended.
(8) $10,000,000 for Regional Catastrophic Preparedness
Grants.
(9) $10,000,000 for Rehabilitation of High Hazard Potential
Dams under section 8A of the National Dam Safety Program Act
(33 U.S.C. 467f-2).
(10) $125,000,000 for the emergency food and shelter
program under title III of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11331), to remain available until
expended: Provided, That not to exceed 3.5 percent shall be
for total administrative costs.
(11) $280,467,000 to sustain current operations for
training, exercises, technical assistance, and other
programs.
disaster relief fund
For necessary expenses in carrying out the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.), $17,863,259,000, to remain available
until expended: Provided, That of the amount provided under
this heading, $17,352,112,000 shall be for major disasters
declared pursuant to the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5121 et seq.) and is
designated by the Congress as being for disaster relief
pursuant to section 251(b)(2)(D) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
national flood insurance fund
For activities under the National Flood Insurance Act of
1968 (42 U.S.C. 4001 et seq.), the Flood Disaster Protection
Act of 1973 (42 U.S.C. 4001 et seq.), the Biggert-Waters
Flood Insurance Reform Act of 2012 (Public Law 112-141, 126
Stat. 916), and the Homeowner Flood Insurance Affordability
Act of 2014 (Public Law 113-89; 128 Stat. 1020),
$206,782,000, to remain available until September 30, 2021,
which shall be derived from offsetting amounts collected
under section 1308(d) of the National Flood Insurance Act of
1968 (42 U.S.C. 4015(d)); of which $14,005,000 shall be
available for mission support associated with flood
management; and of which $192,777,000 shall be available for
flood plain management and flood mapping: Provided, That any
additional fees collected pursuant to section 1308(d) of the
National Flood Insurance Act of 1968 (42 U.S.C. 4015(d))
shall be credited as offsetting collections to this account,
to be available for flood plain management and flood mapping:
Provided further, That in fiscal year 2020, no funds shall
be available from the National Flood Insurance Fund under
section 1310 of the National Flood Insurance Act of 1968 (42
U.S.C. 4017) in excess of--
(1) $192,439,000 for operating expenses and salaries and
expenses associated with flood insurance operations;
(2) $1,151,000,000 for commissions and taxes of agents;
(3) such sums as are necessary for interest on Treasury
borrowings; and
(4) $175,000,000, which shall remain available until
expended, for flood mitigation actions and for flood
mitigation assistance under section 1366 of the National
Flood Insurance Act of 1968 (42 U.S.C. 4104c),
notwithstanding sections 1366(e) and 1310(a)(7) of such Act
(42 U.S.C. 4104c(e), 4017):
Provided further, That the amounts collected under section
102 of the Flood Disaster Protection Act of 1973 (42 U.S.C.
4012a) and section 1366(e) of the National Flood Insurance
Act of 1968 (42 U.S.C. 4104c(e)), shall be deposited in the
National Flood Insurance Fund to supplement other amounts
specified as available for section 1366 of the National Flood
Insurance Act of 1968, notwithstanding section 102(f)(8),
section 1366(e) of the National Flood Insurance Act of 1968,
and paragraphs (1) through (3) of section 1367(b) of such Act
(42 U.S.C. 4012a(f)(8), 4104c(e), 4104d(b)(1)-(3)): Provided
further, That total administrative costs shall not exceed 4
percent of the total appropriation: Provided further, That
up to $5,000,000 is available to carry out section 24 of the
Homeowner Flood Insurance Affordability Act of 2014 (42
U.S.C. 4033).
Administrative Provisions
Sec. 301. Notwithstanding section 2008(a)(12) of the
Homeland Security Act of 2002 (6 U.S.C. 609(a)(12)) or any
other provision of law, not more than 5 percent of the amount
of a grant made available in paragraphs (1) through (4) under
``Federal Emergency Management Agency--Federal Assistance'',
may be used by the grantee for expenses directly related to
administration of the grant.
Sec. 302. Applications for grants under the heading
``Federal Emergency Management Agency--Federal Assistance'',
for paragraphs (1) through (4), shall be made available to
eligible applicants not later than 60 days after the date of
enactment of this Act, eligible applicants shall submit
applications not later than 80 days after the grant
announcement, and the Administrator of the Federal Emergency
Management Agency shall act within 65 days after the receipt
of an application.
Sec. 303. Under the heading ``Federal Emergency Management
Agency--Federal Assistance'', for grants under paragraphs (1)
through (4), (8), and (9), the Administrator of the Federal
Emergency Management Agency shall brief the Committees on
Appropriations of the Senate and the House of Representatives
5 full business days in advance of announcing publicly the
intention of making an award.
Sec. 304. Under the heading ``Federal Emergency Management
Agency--Federal Assistance'', for grants under paragraphs (1)
and (2), the installation of communications towers is not
considered construction of a building or other physical
facility.
Sec. 305. The reporting requirements in paragraphs (1) and
(2) under the heading ``Federal Emergency Management Agency--
Disaster Relief Fund'' in the Department of Homeland Security
Appropriations Act, 2015 (Public Law 114-4) shall be applied
in fiscal year 2020 with respect to budget year 2021 and
current fiscal year 2020, respectively--
(1) in paragraph (1) by substituting ``fiscal year 2021''
for ``fiscal year 2016''; and
(2) in paragraph (2) by inserting ``business'' after
``fifth''.
Sec. 306. (a) In making grants under the heading ``Federal
Emergency Management Agency--Federal Assistance'', for
Staffing for Adequate Fire and Emergency Response grants, the
Secretary may grant waivers from the requirements in
subsections (a)(1)(A), (a)(1)(B), (a)(1)(E), (c)(1), (c)(2),
and (c)(4) of section 34 of the Federal Fire Prevention and
Control Act of 1974 (15 U.S.C. 2229a).
(b) For grants made under the heading ``Federal Emergency
Management Agency--Firefighter Assistance Grants'' in
division F of Public Law 114-113, the Secretary may extend
the period of performance described in subsection (a)(1)(B)
of such section 34 for up to one additional year.
(c) For purposes of subsection (b)--
(1) subsections (a)(1)(E)(iii) and (c)(4)(C) of such
section 34 shall also apply to such additional year of such
period of performance; and
(2) the authority provided shall only apply to any such
grant award that remains open on the date of enactment of
this Act.
Sec. 307. The aggregate charges assessed during fiscal
year 2020, as authorized in title III of the Departments of
Veterans Affairs and Housing and Urban Development, and
Independent Agencies Appropriations Act, 1999 (42 U.S.C.
5196e), shall not be less than 100 percent of the amounts
anticipated by the Department of Homeland Security to be
necessary for its Radiological Emergency Preparedness Program
for the next fiscal year: Provided, That the methodology for
assessment and collection of fees shall be fair and equitable
and shall reflect costs of providing such services, including
administrative costs of collecting such fees: Provided
further, That such fees shall be deposited in a Radiological
Emergency Preparedness Program account as offsetting
collections and will become available for authorized purposes
on October 1, 2020, and remain available until expended.
TITLE IV
RESEARCH, DEVELOPMENT, TRAINING, AND SERVICES
U.S. Citizenship and Immigration Services
operations and support
For necessary expenses of U.S. Citizenship and Immigration
Services for operations and support of the E-Verify Program,
$122,395,000.
federal assistance
For necessary expenses of U.S. Citizenship and Immigration
Services for Federal assistance for the Citizenship and
Integration Grant Program, $10,000,000.
Federal Law Enforcement Training Centers
operations and support
For necessary expenses of the Federal Law Enforcement
Training Centers for operations and support, including the
purchase of not to exceed 117 vehicles for police-type use
and hire of passenger motor vehicles, and services as
authorized by section 3109 of title 5, United States Code,
$292,997,000, of which $54,283,000 shall remain available
until September 30, 2021: Provided, That not to exceed
$7,180 shall be for official reception and representation
expenses.
procurement, construction, and improvements
For necessary expenses of the Federal Law Enforcement
Training Centers for procurement, construction, and
improvements, $58,173,000, to remain available until
September 30, 2024.
Science and Technology Directorate
operations and support
For necessary expenses of the Science and Technology
Directorate for operations and support, including the
purchase or lease of not to exceed 5 vehicles, $314,864,000,
of which $171,232,000 shall remain available until September
30, 2021: Provided, That not to exceed $10,000 shall be for
official reception and representation expenses.
[[Page H10376]]
research and development
For necessary expenses of the Science and Technology
Directorate for research and development, $422,411,000, to
remain available until September 30, 2022.
Countering Weapons of Mass Destruction Office
operations and support
For necessary expenses of the Countering Weapons of Mass
Destruction Office for operations and support, $179,467,000:
Provided, That not to exceed $2,250 shall be for official
reception and representation expenses.
procurement, construction, and improvements
For necessary expenses of the Countering Weapons of Mass
Destruction Office for procurement, construction, and
improvements, $118,988,000, to remain available until
September 30, 2022.
research and development
For necessary expenses of the Countering Weapons of Mass
Destruction Office for research and development, $69,181,000,
to remain available until September 30, 2022.
federal assistance
For necessary expenses of the Countering Weapons of Mass
Destruction Office for Federal assistance through grants,
contracts, cooperative agreements, and other activities,
$64,663,000, to remain available until September 30, 2022.
Administrative Provisions
Sec. 401. Notwithstanding any other provision of law,
funds otherwise made available to U.S. Citizenship and
Immigration Services may be used to acquire, operate, equip,
and dispose of up to 5 vehicles, for replacement only, for
areas where the Administrator of General Services does not
provide vehicles for lease: Provided, That the Director of
U.S. Citizenship and Immigration Services may authorize
employees who are assigned to those areas to use such
vehicles to travel between the employees' residences and
places of employment.
Sec. 402. None of the funds appropriated by this Act may
be used to process or approve a competition under Office of
Management and Budget Circular A-76 for services provided by
employees (including employees serving on a temporary or term
basis) of U.S. Citizenship and Immigration Services of the
Department of Homeland Security who are known as Immigration
Information Officers, Immigration Service Analysts, Contact
Representatives, Investigative Assistants, or Immigration
Services Officers.
Sec. 403. (a) Not later than 30 days after the date of
enactment of this Act and updated semimonthly thereafter, the
Director of U.S. Citizenship and Immigration Services shall
make available, on a publicly accessible website in a
downloadable, searchable, and sortable format, a report
containing not less than the previous twelve months of
semimonthly data on--
(1) the number of aliens determined to have a credible or
reasonable fear of--
(A) persecution, as defined in section 235(b)(1)(B)(v) of
the Immigration and Nationality Act; or
(B) torture, as defined in section 208.30 of title 8, Code
of Federal Regulations (as in effect on January 1, 2018);
(2) the total number of cases received by U.S. Citizenship
and Immigration Services to adjudicate credible or reasonable
fear claims, as described in paragraph (1), and the total
number of cases closed.
(b) Such report shall also disaggregate the data described
in subsection (a) with respect to the following subsets--
(1) claims submitted by aliens detained at a U.S.
Immigration and Customs Enforcement family residential
center;
(2) claims submitted by aliens organized by each
subdivision of legal or administrative authority under which
claims are reviewed; and
(3) the job series of the personnel reviewing the claims.
Sec. 404. The Director of the Federal Law Enforcement
Training Centers is authorized to distribute funds to Federal
law enforcement agencies for expenses incurred participating
in training accreditation.
Sec. 405. The Federal Law Enforcement Training
Accreditation Board, including representatives from the
Federal law enforcement community and non-Federal
accreditation experts involved in law enforcement training,
shall lead the Federal law enforcement training accreditation
process to continue the implementation of measuring and
assessing the quality and effectiveness of Federal law
enforcement training programs, facilities, and instructors.
Sec. 406. The Director of the Federal Law Enforcement
Training Centers may accept transfers to the account
established by section 407(a) of division F of the
Consolidated Appropriations Act, 2018 (Public Law 115-141)
from Government agencies requesting the construction of
special use facilities, as authorized by the Economy Act (31
U.S.C. 1535(b)): Provided, That the Federal Law Enforcement
Training Centers maintain administrative control and
ownership upon completion of such facilities.
Sec. 407. The functions of the Federal Law Enforcement
Training Centers instructor staff shall be classified as
inherently governmental for purposes of the Federal
Activities Inventory Reform Act of 1998 (31 U.S.C. 501 note).
TITLE V
GENERAL PROVISIONS
(including rescissions of funds)
Sec. 501. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 502. Subject to the requirements of section 503 of
this Act, the unexpended balances of prior appropriations
provided for activities in this Act may be transferred to
appropriation accounts for such activities established
pursuant to this Act, may be merged with funds in the
applicable established accounts, and thereafter may be
accounted for as one fund for the same time period as
originally enacted.
Sec. 503. (a) None of the funds provided by this Act,
provided by previous appropriations Acts to the components in
or transferred to the Department of Homeland Security that
remain available for obligation or expenditure in fiscal year
2020, or provided from any accounts in the Treasury of the
United States derived by the collection of fees available to
the components funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds
that--
(1) creates or eliminates a program, project, or activity,
or increases funds for any program, project, or activity for
which funds have been denied or restricted by the Congress;
(2) contracts out any function or activity presently
performed by Federal employees or any new function or
activity proposed to be performed by Federal employees in the
President's budget proposal for fiscal year 2020 for the
Department of Homeland Security;
(3) augments funding for existing programs, projects, or
activities in excess of $5,000,000 or 10 percent, whichever
is less;
(4) reduces funding for any program, project, or activity,
or numbers of personnel, by 10 percent or more; or
(5) results from any general savings from a reduction in
personnel that would result in a change in funding levels for
programs, projects, or activities as approved by the
Congress.
(b) Subsection (a) shall not apply if the Committees on
Appropriations of the Senate and the House of Representatives
are notified at least 15 days in advance of such
reprogramming.
(c) Up to 5 percent of any appropriation made available for
the current fiscal year for the Department of Homeland
Security by this Act or provided by previous appropriations
Acts may be transferred between such appropriations if the
Committees on Appropriations of the Senate and the House of
Representatives are notified at least 30 days in advance of
such transfer, but no such appropriation, except as otherwise
specifically provided, shall be increased by more than 10
percent by such transfer.
(d) Notwithstanding subsections (a), (b), and (c), no funds
shall be reprogrammed within or transferred between
appropriations based upon an initial notification provided
after June 30, except in extraordinary circumstances that
imminently threaten the safety of human life or the
protection of property.
(e) The notification thresholds and procedures set forth in
subsections (a), (b), (c), and (d) shall apply to any use of
deobligated balances of funds provided in previous Department
of Homeland Security Appropriations Acts that remain
available for obligation in the current year.
(f) Notwithstanding subsection (c), the Secretary of
Homeland Security may transfer to the fund established by 8
U.S.C. 1101 note, up to $20,000,000 from appropriations
available to the Department of Homeland Security: Provided,
That the Secretary shall notify the Committees on
Appropriations of the Senate and the House of Representatives
at least 5 days in advance of such transfer.
Sec. 504. Section 504 of the Department of Homeland
Security Appropriations Act, 2017 (division F of Public Law
115-31), related to the operations of a working capital fund,
shall apply with respect to funds made available in this Act
in the same manner as such section applied to funds made
available in that Act: Provided, That funds from such
working capital fund may be obligated and expended in
anticipation of reimbursements from components of the
Department of Homeland Security.
Sec. 505. Except as otherwise specifically provided by
law, not to exceed 50 percent of unobligated balances
remaining available at the end of fiscal year 2020, as
recorded in the financial records at the time of a
reprogramming notification, but not later than June 30, 2021,
from appropriations for ``Operations and Support'' for fiscal
year 2020 in this Act shall remain available through
September 30, 2021, in the account and for the purposes for
which the appropriations were provided: Provided, That prior
to the obligation of such funds, a notification shall be
submitted to the Committees on Appropriations of the Senate
and the House of Representatives in accordance with section
503 of this Act.
Sec. 506. Funds made available by this Act for
intelligence activities are deemed to be specifically
authorized by the Congress for purposes of section 504 of the
National Security Act of 1947 (50 U.S.C. 414) during fiscal
year 2020 until the enactment of an Act authorizing
intelligence activities for fiscal year 2020.
Sec. 507. (a) The Secretary of Homeland Security, or the
designee of the Secretary, shall notify the Committees on
Appropriations of the Senate and the House of Representatives
at least 3 full business days in advance of--
[[Page H10377]]
(1) making or awarding a grant allocation, grant, contract,
other transaction agreement, or task or delivery order on a
Department of Homeland Security multiple award contract, or
to issue a letter of intent totaling in excess of $1,000,000;
(2) awarding a task or delivery order requiring an
obligation of funds in an amount greater than $10,000,000
from multi-year Department of Homeland Security funds;
(3) making a sole-source grant award; or
(4) announcing publicly the intention to make or award
items under paragraph (1), (2), or (3), including a contract
covered by the Federal Acquisition Regulation.
(b) If the Secretary of Homeland Security determines that
compliance with this section would pose a substantial risk to
human life, health, or safety, an award may be made without
notification, and the Secretary shall notify the Committees
on Appropriations of the Senate and the House of
Representatives not later than 5 full business days after
such an award is made or letter issued.
(c) A notification under this section--
(1) may not involve funds that are not available for
obligation; and
(2) shall include the amount of the award; the fiscal year
for which the funds for the award were appropriated; the type
of contract; and the account from which the funds are being
drawn.
Sec. 508. Notwithstanding any other provision of law, no
agency shall purchase, construct, or lease any additional
facilities, except within or contiguous to existing
locations, to be used for the purpose of conducting Federal
law enforcement training without advance notification to the
Committees on Appropriations of the Senate and the House of
Representatives, except that the Federal Law Enforcement
Training Centers is authorized to obtain the temporary use of
additional facilities by lease, contract, or other agreement
for training that cannot be accommodated in existing Centers'
facilities.
Sec. 509. None of the funds appropriated or otherwise made
available by this Act may be used for expenses for any
construction, repair, alteration, or acquisition project for
which a prospectus otherwise required under chapter 33 of
title 40, United States Code, has not been approved, except
that necessary funds may be expended for each project for
required expenses for the development of a proposed
prospectus.
Sec. 510. Sections 520, 522, and 530 of the Department of
Homeland Security Appropriations Act, 2008 (division E of
Public Law 110-161; 121 Stat. 2073 and 2074) shall apply with
respect to funds made available in this Act in the same
manner as such sections applied to funds made available in
that Act.
Sec. 511. None of the funds made available in this Act may
be used in contravention of the applicable provisions of the
Buy American Act: Provided, That for purposes of the
preceding sentence, the term ``Buy American Act'' means
chapter 83 of title 41, United States Code.
Sec. 512. None of the funds made available in this Act may
be used to amend the oath of allegiance required by section
337 of the Immigration and Nationality Act (8 U.S.C. 1448).
Sec. 513. None of the funds provided or otherwise made
available in this Act shall be available to carry out section
872 of the Homeland Security Act of 2002 (6 U.S.C. 452)
unless explicitly authorized by the Congress.
Sec. 514. None of the funds made available in this Act may
be used for planning, testing, piloting, or developing a
national identification card.
Sec. 515. Any official that is required by this Act to
report or to certify to the Committees on Appropriations of
the Senate and the House of Representatives may not delegate
such authority to perform that act unless specifically
authorized herein.
Sec. 516. None of the funds appropriated or otherwise made
available in this or any other Act may be used to transfer,
release, or assist in the transfer or release to or within
the United States, its territories, or possessions Khalid
Sheikh Mohammed or any other detainee who--
(1) is not a United States citizen or a member of the Armed
Forces of the United States; and
(2) is or was held on or after June 24, 2009, at the United
States Naval Station, Guantanamo Bay, Cuba, by the Department
of Defense.
Sec. 517. None of the funds made available in this Act may
be used for first-class travel by the employees of agencies
funded by this Act in contravention of sections 301-10.122
through 301-10.124 of title 41, Code of Federal Regulations.
Sec. 518. None of the funds made available in this Act may
be used to employ workers described in section 274A(h)(3) of
the Immigration and Nationality Act (8 U.S.C. 1324a(h)(3)).
Sec. 519. Notwithstanding any other provision of this Act,
none of the funds appropriated or otherwise made available by
this Act may be used to pay award or incentive fees for
contractor performance that has been judged to be below
satisfactory performance or performance that does not meet
the basic requirements of a contract.
Sec. 520. None of the funds appropriated or otherwise made
available by this Act may be used by the Department of
Homeland Security to enter into any Federal contract unless
such contract is entered into in accordance with the
requirements of subtitle I of title 41, United States Code,
or chapter 137 of title 10, United States Code, and the
Federal Acquisition Regulation, unless such contract is
otherwise authorized by statute to be entered into without
regard to the above referenced statutes.
Sec. 521. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network
unless such network blocks the viewing, downloading, and
exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law
enforcement agency or any other entity carrying out criminal
investigations, prosecution, or adjudication activities.
Sec. 522. None of the funds made available in this Act may
be used by a Federal law enforcement officer to facilitate
the transfer of an operable firearm to an individual if the
Federal law enforcement officer knows or suspects that the
individual is an agent of a drug cartel unless law
enforcement personnel of the United States continuously
monitor or control the firearm at all times.
Sec. 523. None of the funds made available in this Act may
be used to pay for the travel to or attendance of more than
50 employees of a single component of the Department of
Homeland Security, who are stationed in the United States, at
a single international conference unless the Secretary of
Homeland Security, or a designee, determines that such
attendance is in the national interest and notifies the
Committees on Appropriations of the Senate and the House of
Representatives within at least 10 days of that determination
and the basis for that determination: Provided, That for
purposes of this section the term ``international
conference'' shall mean a conference occurring outside of the
United States attended by representatives of the United
States Government and of foreign governments, international
organizations, or nongovernmental organizations: Provided
further, That the total cost to the Department of Homeland
Security of any such conference shall not exceed $500,000.
Sec. 524. None of the funds made available in this Act may
be used to reimburse any Federal department or agency for its
participation in a National Special Security Event.
Sec. 525. None of the funds made available to the
Department of Homeland Security by this or any other Act may
be obligated for any structural pay reform that affects more
than 100 full-time positions or costs more than $5,000,000 in
a single year before the end of the 30-day period beginning
on the date on which the Secretary of Homeland Security
submits to Congress a notification that includes--
(1) the number of full-time positions affected by such
change;
(2) funding required for such change for the current year
and through the Future Years Homeland Security Program;
(3) justification for such change; and
(4) an analysis of compensation alternatives to such change
that were considered by the Department.
Sec. 526. (a) Any agency receiving funds made available in
this Act shall, subject to subsections (b) and (c), post on
the public website of that agency any report required to be
submitted by the Committees on Appropriations of the Senate
and the House of Representatives in this Act, upon the
determination by the head of the agency that it shall serve
the national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises homeland
or national security; or
(2) the report contains proprietary information.
(c) The head of the agency posting such report shall do so
only after such report has been made available to the
Committees on Appropriations of the Senate and the House of
Representatives for not less than 45 days except as otherwise
specified in law.
Sec. 527. (a) Funding provided in this Act for ``Operations
and Support'' may be used for minor procurement,
construction, and improvements.
(b) For purposes of subsection (a), ``minor'' refers to end
items with a unit cost of $250,000 or less for personal
property, and $2,000,000 or less for real property.
Sec. 528. None of the funds made available by this Act may
be obligated or expended to implement the Arms Trade Treaty
until the Senate approves a resolution of ratification for
the Treaty.
Sec. 529. The authority provided by section 532 of the
Department of Homeland Security Appropriations Act, 2018
(Public Law 115-141) regarding primary and secondary
schooling of dependents shall continue in effect during
fiscal year 2020.
Sec. 530. (a) For an additional amount for ``Federal
Emergency Management Agency--Federal Assistance'',
$41,000,000, to remain available until September 30, 2021,
exclusively for providing reimbursement of extraordinary law
enforcement personnel costs for protection activities
directly and demonstrably associated with any residence of
the President that is designated or identified to be secured
by the United States Secret Service.
(b) Subsections (b) through (f) of section 534 of the
Department of Homeland Security Appropriations Act, 2018
(Public Law 115-141), shall be applied with respect to
amounts made available by subsection (a) of this section by
substituting ``October 1, 2020'' for ``October 1, 2018'' and
``October 1, 2019'' for ``October 1, 2017''.
Sec. 531. (a) Section 831 of the Homeland Security Act of
2002 (6 U.S.C. 391) shall be applied--
(1) In subsection (a), by substituting ``September 30,
2020,'' for ``September 30, 2017,''; and
[[Page H10378]]
(2) In subsection (c)(1), by substituting ``September 30,
2020,'' for ``September 30, 2017''.
(b) The Secretary of Homeland Security, under the authority
of section 831 of the Homeland Security Act of 2002 (6 U.S.C.
391(a)), may carry out prototype projects under section 2371b
of title 10, United States Code, and the Secretary shall
perform the functions of the Secretary of Defense as
prescribed.
(c) The Secretary of Homeland Security under section 831 of
the Homeland Security Act of 2002 (6 U.S.C. 391(d)) may use
the definition of nontraditional government contractor as
defined in section 2371b(e) of title 10, United States Code.
Sec. 532. (a) None of the funds appropriated or otherwise
made available to the Department of Homeland Security by this
Act may be used to prevent any of the following persons from
entering, for the purpose of conducting oversight, any
facility operated by or for the Department of Homeland
Security used to detain or otherwise house aliens, or to make
any temporary modification at any such facility that in any
way alters what is observed by a visiting member of Congress
or such designated employee, compared to what would be
observed in the absence of such modification:
(1) A Member of Congress.
(2) An employee of the United States House of
Representatives or the United States Senate designated by
such a Member for the purposes of this section.
(b) Nothing in this section may be construed to require a
Member of Congress to provide prior notice of the intent to
enter a facility described in subsection (a) for the purpose
of conducting oversight.
(c) With respect to individuals described in subsection
(a)(2), the Department of Homeland Security may require that
a request be made at least 24 hours in advance of an intent
to enter a facility described in subsection (a).
Sec. 533. (a) Except as provided in subsection (b), none of
the funds made available in this Act may be used to place
restraints on a woman in the custody of the Department of
Homeland Security (including during transport, in a detention
facility, or at an outside medical facility) who is pregnant
or in post-delivery recuperation.
(b) Subsection (a) shall not apply with respect to a
pregnant woman if--
(1) an appropriate official of the Department of Homeland
Security makes an individualized determination that the
woman--
(A) is a serious flight risk, and such risk cannot be
prevented by other means; or
(B) poses an immediate and serious threat to harm herself
or others that cannot be prevented by other means; or
(2) a medical professional responsible for the care of the
pregnant woman determines that the use of therapeutic
restraints is appropriate for the medical safety of the
woman.
(c) If a pregnant woman is restrained pursuant to
subsection (b), only the safest and least restrictive
restraints, as determined by the appropriate medical
professional treating the woman, may be used. In no case may
restraints be used on a woman who is in active labor or
delivery, and in no case may a pregnant woman be restrained
in a face-down position with four-point restraints, on her
back, or in a restraint belt that constricts the area of the
pregnancy. A pregnant woman who is immobilized by restraints
shall be positioned, to the maximum extent feasible, on her
left side.
Sec. 534. None of the funds made available by this Act to
the Department of Homeland Security may be used to destroy
any document, recording, or other record pertaining to any
potential sexual assault or abuse perpetrated against any
individual held in the custody of the Department of Homeland
Security.
Sec. 535. Section 519 of division F of Public Law 114-113,
regarding a prohibition on funding for any position
designated as a Principal Federal Official, shall apply with
respect to funds made available in this Act in the same
manner as such section applied to funds made available in
that Act.
Sec. 536. Within 60 days of any budget submission for the
Department of Homeland Security for fiscal year 2021 that
assumes revenues or proposes a reduction from the previous
year based on user fees proposals that have not been enacted
into law prior to the submission of the budget, the Secretary
of Homeland Security shall provide the Committees on
Appropriations of the Senate and the House of Representatives
specific reductions in proposed discretionary budget
authority commensurate with the revenues assumed in such
proposals in the event that they are not enacted prior to
October 1, 2020.
(rescissions)
Sec. 537. (a) Of the unobligated balances of funds made
available under the heading ``U.S. Customs and Border
Protection--Operations and Support'' in Title III of the
Emergency Supplemental Appropriations for Humanitarian
Assistance and Security at the Southern Border Act, 2019
(Public Law 116-26), $233,000,000 are hereby rescinded.
(b) The amounts rescinded pursuant to subsection (a) that
were previously designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985 are
designated by the Congress as an emergency requirement
pursuant to that section of that Act.
Sec. 538. Of the funds appropriated to the Department of
Homeland Security, the following funds are hereby rescinded
from the following accounts and programs in the specified
amounts: Provided, That no amounts may be rescinded from
amounts that were designated by the Congress as an emergency
requirement pursuant to a concurrent resolution on the budget
or the Balanced Budget and Emergency Deficit Control Act of
1985 (Public Law 99-177):
(1) $91,000,000 from Public Law 116-6 under the heading
``Customs and Border Protection--Operations and Support''.
(2) $38,000,000 from Public Law 116-6 under the heading ``
`Customs and Border Protection--Procurement, Construction and
Improvements''.
(3) $20,000,000 from Public Law 115-141 under the heading
``Customs and Border Protection--Procurement, Construction,
and Improvements''.
(4) $5,000,000 from Public Law 115-141 under the heading
``Coast Guard--Research, Development, Test, and Evaluation''.
(5) $42,379,000 from Public Law 116-6 under the heading
``Transportation Security Administration--Operations and
Support''.
(6) $5,764,000 from Public Law 116-6 under the heading
``Transportation Security Administration--Procurement,
Construction and Improvements''.
Sec. 539. The following unobligated balances made
available to the Department of Homeland Security pursuant to
Section 505 of the Department of Homeland Security
Appropriations Act, 2019 (Public Law 116-6) are rescinded:
(1) $153,000 from ``Office of the Secretary and Executive
Management--Operations and Support''
(2) $304,000 from ``Management Directorate--Operations and
Support'';
(3) $130,000 from ``Intelligence, Analysis, and Operations
Coordination--Operations and Support'';
(4) $3,600 from ``Office of Inspector General--Operations
and Support'';
(5) $269,000 from ``U.S. Customs and Border Protection--
Operations and Support'';
(6) $8,999,000 from ``U.S. Immigration and Customs
Enforcement--Operations and Support'';
(7) $69,000 from ``Coast Guard--Operations and Support'';
(8) $695,000 from ``United States Secret Service--
Operations and Support'';
(9) $3,915,000 from ``Cybersecurity and Infrastructure
Security Agency--Operations and Support'';
(10) $1,815,000 from ``U.S. Citizenship and Immigration
Services--Operations and Support'';
(11) $313,000 from ``Federal Law Enforcement Training
Centers--Operations and Support'';
(12) $273,000 from ``Science and Technology Directorate--
Operations and Support'';
(13) $1,596,000 from ``Countering Weapons of Mass
Destruction Office--Operations and Support''.
Sec. 540. Of the unobligated balances made available to
``Federal Emergency Management Agency--Disaster Relief
Fund'', $300,000,000 shall be rescinded: Provided, That no
amounts may be rescinded from amounts that were designated by
the Congress as an emergency requirement pursuant to a
concurrent resolution on the budget or the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended:
Provided further, That no amounts may be rescinded from the
amounts that were designated by the Congress as being for
disaster relief pursuant to section 251(b)(2)(D) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
This division may be cited as the ``Department of Homeland
Security Appropriations Act, 2020''.
The SPEAKER pro tempore. Pursuant to House Resolution 765, the motion
shall be debatable for 1 hour equally divided and controlled by the
chair and ranking minority member of the Committee on Appropriations.
The gentlewoman from New York (Mrs. Lowey) and the gentlewoman from
Texas (Ms. Granger) each will control 30 minutes.
The Chair recognizes the gentlewoman from New York.
General Leave
Mrs. LOWEY. Madam Speaker, I ask unanimous consent that all Members
may have 5 legislative days in which to revise and extend their remarks
and include extraneous material on the House amendment to the Senate
amendment to H.R. 1158.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from New York?
There was no objection.
Mrs. LOWEY. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, the national security appropriations minibus combines
four bills: Defense, Commerce-Justice-Science, Financial Services and
General Government, and Homeland Security.
Madam Speaker, I would like to highlight a few key successes that our
cardinals have secured: $7.6 billion, $1.4 billion more than President
Trump proposed, to ensure a fair and accurate 2020 Census; $425 million
for election
[[Page H10379]]
security grants to States, a key priority for Democrats for a program
that was not funded last year; robust funding for initiatives to
improve the quality of life of our women and men in uniform; and a 3.1
percent pay raise for Federal civilian employees.
{time} 1115
Unfortunately, the President and Senate Republicans insisted on
funding a wasteful border wall while simultaneously blocking Democratic
policies that would make our immigration system more humane. However, I
am pleased that we have established an immigration detention ombudsman
tasked with protecting the rights of individuals in DHS custody.
Madam Speaker, this is not the bill I would have written on my own,
but I am proud that we have been able to do so much good in this
political environment. I urge support, and I reserve the balance of my
time.
Ms. GRANGER. Madam Speaker, I yield myself such time as I may
consume.
Madam Speaker, I rise today in support of H.R. 1158, a bill that will
provide funding for the Departments of Defense; Commerce, Justice,
Science; Financial Services; and Homeland Security.
While I wish that we had been able to pass all of the bills by the
beginning of the fiscal year, I am glad we are going to be able to
finish the appropriations process without having to pass another
continuing resolution. I am also immensely proud of the job that my
fellow Republicans on the Appropriations Committee did to bring the
bill to the floor.
The packages we will consider today will fully fund the government
and ensure that President Trump has the resources he needs to continue
the great work he is doing on behalf of the American people. This bill
will make us safer by ensuring we have the funding and tools to protect
ourselves at home and abroad.
The bill will safeguard our financial system from bad actors, ensure
all Americans have access to a healthy and robust economy, and it will
support our criminal justice system.
In particular, this bill provides $1.375 billion of new funding for
the border wall, places no restrictions on the President's ability to
use funds for immigration and border enforcement, and protects the
number of ICE beds.
The Defense portion of this package provides funding to continue to
rebuild the military after years of neglect during the Obama
administration; gives our troops a 3.1 percent pay raise, the largest
in a decade; and funds the U.S. Space Force, a Trump administration
initiative, to ensure the United States maintains its superiority in
space.
The bill provides increased funding for school safety programs and
also retains longstanding Second Amendment protections that some of my
colleagues on the other side of the aisle wanted to eliminate.
Plain and simple, this package is good for America, and I am proud to
support it. I urge my colleagues to join me in voting in favor of this
bill, and I reserve the balance of my time.
Mrs. LOWEY. Madam Speaker, I am pleased to yield 1 minute to the
distinguished gentleman from Maryland (Mr. Hoyer), the majority leader.
(Mr. HOYER asked and was given permission to revise and extend his
remarks.)
Mr. HOYER. Madam Speaker, I rise and thank Chairwoman Lowey and
Ranking Member Granger for the hard work that they have done, and all
of their staff.
The staffs, I know, have been working around the clock on both sides
of the aisle. I want to congratulate the staff director for the
extraordinary work and leadership she has shown to get us to this
objective.
I rise in strong support of this legislation, of both of these
packages, which will fund all 12 bills before the end of the calendar
year, unfortunately, not by the end of the fiscal year.
I would have been very happy to get all of this done by the end of
the fiscal year, and we did our work in a timely fashion; but,
unfortunately, the Senate did not pass any of its bills prior to the
end of the fiscal year, and, therefore, it was impossible to get that
done.
I want to thank Senator Leahy and Senator Shelby, as well, for the
work that they have done.
I want to thank all of those who worked together, focused. There was
some talk, I know, about going into next year, but this is the right
thing to do. This is what the American people expect us to be doing.
This will provide our country with the certainty needed to carry out
its work serving the American people and to continue making long-term
investments in our national security, public health, public safety, and
economic growth.
Indeed, the Appropriations Committee members and staff worked hard to
produce appropriations bills that the House passed in June, when we
passed bills to fund 96 percent of the government by June 26 of this
year. Sadly, the Republican Senate, as I have said, and the Trump White
House failed to do their jobs for months, necessitating two short-term
delays that brought unnecessary uncertainty.
As a Member who has served on the Appropriations Committee for more
than 36 years--although many of those years I have been on leave--I
know how much work is involved in reaching agreement on funding bills.
Nobody, not one of the, I guess, 433 of us who are here, got
everything that they wanted or believes this is a perfect bill, but it
is a work product worthy of the Appropriations Committee, the House of
Representatives, and this country. It makes compromises, which are
absolutely essential. It takes a lot of late hours, caffeine, and
placing trust in colleagues across the aisle to achieve that objective.
What Appropriations Committee members and staff have negotiated with
the Senate and White House, as I said, is not perfect. The chair does
not think it is perfect. The ranking member doesn't think it is
perfect. I am sure there is nobody on either of the committees who
thinks it is perfect, but it achieves key priorities and will avert a
damaging government shutdown and give certainty to agencies as they
move forward in the next 9 months of the fiscal year as to what
resources they are going to have available to get their jobs done.
I know there is a lot of weeping and gnashing of teeth about how
awful the CR is for the Defense Department. I agree with that, but
there ought to be a lot of weeping and gnashing of teeth about the
adverse effect on nondefense agencies, because the effect is the same:
uncertainty and an inability to operate in any kind of regular order
fashion.
This bill does not give President Trump additional border security
funding over last year, but it does give him what he had last year.
That is a compromise. People on my side are not happy about that;
people on Ms. Granger's side, I am sure, are not happy about that. But
it is a compromise, and it does continue critical investments in
fighting poverty and expanding opportunities in communities across the
country.
Specifically, this bill increases funding for Head Start, National
Institutes of Health, and initiatives to promote clean energy and a
healthier environment--important victories for those items and the
working Americans we are fighting to protect every day.
This bill includes funds to secure our elections against foreign
interference and provides funding to study the effects of gun violence
in our communities.
Ms. Granger mentions it raises the military pay, but it also raises
the civilians on parity, a policy that we pursued for many, many years.
It is good for our staff. It is good for the Federal employees, and it
makes us competitive in the ability to retain people whom we need.
It raises the cap for staff pay. Now, maybe we ought to hide that,
but, very frankly, our staffs are underpaid. The hours, the talent, the
intellect, the commitment, the patriotism they bring to their jobs, we
don't compensate them properly.
We are not competitive, certainly, with the private sector, but we
are not competitive with the executive department, and we lost good
people. So I applaud the committee for that action. This comes just a
week after we were able to secure a victory by extending paid parental
leave for Federal civilian employees across all agencies in the annual
defense authorization bill.
Critically, these appropriations bills have buy-in from the
administration, having been negotiated by Secretary Mnuchin on behalf
of the President.
[[Page H10380]]
There is no legitimate reason that these bills would be vetoed, and my
expectation is that they will not be vetoed, so we will pass them
through the House. Hopefully, the Senate will pass them in the next 72
hours and send them to the President and he will sign these bills.
All of us ought to be proud of the fact that we got that done by the
end of the calendar year.
Again, let me stress, my objective will be, next year, to get that
done by the end of the fiscal year. I can't remember when we last did
that, but I will tell all of my colleagues that that will be my intent
to set that as an objective as it was to subject December 20 as the
deadline for getting these bills done.
I strongly urge the President to sign these bills. Federal employees
in my district and in every congressional district in the country
deserve better than to be told to go home without their paychecks.
Madam Speaker, 800,000 people who work for us--we are the board of
directors--we told 400,000 of them: You are not critical. Go home. Stay
there. You can't come to work legally even if you wanted to.
And to 400,000, we said: No, you are critical. Come to work, but, by
the way, we are not going to pay you.
Now, they believed and we did, in fact, pay them retroactively, but
that ought not to be the way you operate any small, medium, or large
business, much less one of the largest enterprises on the face of the
Earth--I guess, the largest enterprise.
So I hope all of my colleagues, Democrats and Republicans, will join
me in voting for these appropriations bills, these 12 bills, quite
frankly, the only bills that have to pass. There are a lot of other
bills that ought to pass from a policy perspective, but the government
doesn't shut down if they don't pass, whether it is a tax bill, an
environmental bill, whatever bill.
Let's send a resounding message of support to make it clear that this
is the bipartisan path forward to avoid a shutdown and do our jobs for
the American people.
Again, I congratulate the chair; I congratulate the ranking member;
and I am so pleased that they are together. I join them in asking every
Member to vote for these bills. It is our job. It is our
responsibility. It is our duty.
Ms. GRANGER. Madam Speaker, I yield 3 minutes to the gentleman from
Alabama (Mr. Aderholt).
Mr. ADERHOLT. Madam Speaker, I thank the ranking member, and I also
rise today in support of H.R. 1158, as the majority leader did, the
Consolidated Appropriations Act of 2020.
While this bill is not perfect, as it was also mentioned--and, quite
honestly, I have concerns that there is an ongoing trend toward
increased spending--I will say that division B of this legislation, the
Commerce, Justice, Science, and Related Agencies Appropriations Act,
includes assistance that is critical to law enforcement, the Census,
and NASA, among other things.
I would like to thank Chairman Serrano, and I thank Chairwoman Lowey,
Ranking Member Granger, as well as our Senate counterparts for their
leadership, their diligence, and their willingness to come together to
form this meeting of the minds to bring this FY 2020 bill to the floor
and to fruition.
I also want to thank Mr. Serrano's staff--Mr. Bob Bonner, Jeff
Ashford, Trisha Castaneda, TJ Lowdermilk, Shannon McCully, Matt Smith,
and B.G. Wright--for their hard work and the many long days that were,
no doubt, dedicated to helping produce this legislation. I appreciate
their cooperative spirit in which they worked with my staff to address
so many of the issues that are in this bill.
And, of course, I also want to thank my staff for their outstanding
work.
{time} 1130
I want to thank our CJS subcommittee staff, Stephanie Gadbois and
Kristin Clarkson, for their hard work, their long hours, and their
dedication over the last year, and especially the hard work of the last
few weeks in finalizing this bill.
Let me just briefly recap. The bill has $22.6 billion for NASA. The
funding will help support the President's Artemis initiative, which
includes completion and further development of the Space Launch System
to ensure that it is the United States and not our adversaries that
will control future access to space.
In addition to NASA, the bill includes $7.3 billion to support the
2020 Decennial Census which will be necessary to get an accurate count
of all Americans, including those in hard-to-count communities. It also
includes critical funding for the Federal law enforcement components of
the Department of Justice, including the FBI, the United States
Marshals Service, and the Bureau of Alcohol, Tobacco, Firearms and
Explosives. I am pleased to say that these funds will also support
Attorney General Barr's efforts to fight the scourge of violent crimes
and acts of mass violence.
In support of the valuable efforts of our local law enforcement
partners back home, this bill also includes $547 million for the Byrne
Justice Assistance grants, along with increased resources to eliminate
the sexual assault kit backlog, also fund drug court programs, and
support other vital initiatives that fight the opioid epidemic.
The SPEAKER pro tempore. The time of the gentleman has expired.
Ms. GRANGER. Madam Speaker, I yield the gentleman from Alabama an
additional 1 minute.
Mr. ADERHOLT. Madam Speaker, this bill provides funding increases for
the agencies that ensure compliance with our trade laws, along with
programs that foster American innovation and competitiveness, not only
in our communities and in each of our States but around the world.
Finally, I am pleased that this bill also contains longstanding
Second Amendment protections that were targeted for elimination earlier
this year.
So, in closing, I would like to thank, again, Chairman Serrano for
his great spirit to work with and how he has led the Commerce, Justice,
Science, and Related Agencies Subcommittee, and I wish him the best.
Mrs. LOWEY. Madam Speaker, I yield 4 minutes to the gentleman from
Indiana (Mr. Visclosky), who is the distinguished chairman of the
Defense Subcommittee.
Mr. VISCLOSKY. Madam Speaker, I thank the chairwoman for yielding.
I would like to begin by expressing my appreciation to Ranking Member
Calvert. Mr. Calvert continues to be a tremendous partner in this
process, and he is a joy to work with.
I would also like to express my gratitude to the chairwoman, Mrs.
Lowey, as well as the ranking member, Ms. Granger, and the other
members of the committee. I would like to thank each of our
incomparable staff. This legislation would not be possible without
their intellectual acumen, outstanding effort, and significant personal
sacrifices.
Division A of the bill provides appropriations for the Department of
Defense and is the result of a negotiated compromise. Despite our best
efforts, I was very disappointed to recede on certain provisions of the
House-passed bill, particularly those that restricted the ability of
the administration to reprogram Defense funding for the border wall and
several others that would have returned some balance to the oversight
relationship between the executive and legislative branches. The
department's actions in the past year have fundamentally damaged its
relationship with this committee. With this agreement, we increase our
emphasis on oversight as we move forward.
Nevertheless, there is a tremendous amount of good provided in this
bill. The bill provides more than ample funding for the Department of
Defense to make major investments in readiness. But our primary focus
has been on the well-being and morale of those in uniform, their
families, DOD civilians, and the Defense communities.
The bill provides the funding necessary to support a 3.1 percent
military pay raise for our women and men in uniform. This is the
largest increase in base pay since 2010.
The bill provides an additional $110 million for upgrades to DOD
childcare facilities, which I see as just the first step in addressing
the significant shortfall of quality childcare within the military
services.
The bill provides $315 million above the request to address public
school infrastructure requirements on DOD facilities.
[[Page H10381]]
The bill provides $1.42 billion for environmental restoration
activities, $180.5 million above enacted levels for this year.
Additionally, the bill provides $1.8 billion in natural disaster
funding for repairs and replacement of equipment at military bases
damaged by natural disasters in eight States, including Virginia,
Florida, California, and Georgia.
In closing, I would like to end by reminding the Department of
Defense that report language is directive, not permissive. Actions in
direct contravention of congressional direction in the report are
absolutely unacceptable and must stop.
Again, I thank my colleagues and staff.
Madam Speaker, I urge support for the bill.
Ms. GRANGER. Madam Speaker, I yield 3 minutes to the gentleman from
California (Mr. Calvert).
Mr. CALVERT. Madam Speaker, I thank the gentlewoman for yielding.
Madam Speaker, the ranking member of the Appropriations Committee has
done a tremendous job navigating all these bills through a very
difficult negotiation in such a short timeframe. Her steady leadership,
experience, and focus completing this difficult task was critical to
ensuring an end product that will garner Republican support and that
the President will sign. I also want to thank Chairwoman Lowey for
keeping the process on track during the very difficult political times
that we are in.
I would also like to extend my sincere thanks to my chairman, Mr.
Visclosky, from the great State of Indiana. Mr. Visclosky has been a
tremendous partner to me and our side of the aisle throughout this
whole process maintaining the bipartisan nature of the Defense
Subcommittee. He has been very gracious and accommodating, and I thank
him sincerely. I look forward to continuing to work in a collaborative
manner during the coming year.
The bill includes $693 billion for the Department of Defense,
including $624 billion in base funds, $70.7 million for Overseas
Contingency Operations, and $1.8 billion in disaster assistance. In
total, this bill is nearly $19 billion more than the fiscal year 2019
level.
After thoughtful negotiations between the House and the Senate, we
have a good, balanced bill that we look forward to passing in both
Chambers and getting to the President for his signature.
Our number one priority is to provide for the Nation's defense. The
world remains a dangerous place. We have got troops in combat against
ISIS, al-Qaida, and associated forces. Authoritarian competitors--
especially China and Russia--are seeking regional dominance and trying
to upend the post-World War II international order. North Korea
continues to modernize its nuclear weapons capability and means of
delivery. A hostile Iran remains a threat to Israel and other U.S.
partners, as well as our forces in the Middle East. Instability to our
south has produced conditions that bring people, which tragically
includes unaccompanied children, into our Nation illegally.
For all these reasons, we must get this bill done.
As we all know, operating under continuing resolutions actually costs
more money and results in delayed capabilities. The department needs
stable, predictable, and timely funding to ensure it is prepared to
meet the threats we face now and in the feature.
The funding in this bill recognizes threats of U.S. interests
throughout the world while continuing modernization efforts to maintain
the peace and deter our near-peer adversaries.
It also supports the men and women in the military by addressing
quality-of-life issues that Chairman Visclosky has championed by
including additional funds to address childcare and medical care. Of
course, we fund the 3.1 percent pay raise and provide additional
funding for medical research. The bill increases funding for operations
and maintenance to sustain and improve readiness levels. Funding is
provided for robust procurement of next generation equipment to ensure
our men and women in uniform always have the tactical advantage. We
also increase funding for research and development to ensure we can
meet and preferably deter near-peer threats.
Madam Speaker, I encourage everyone to vote for this bill. It is a
strong bill and ensures that our military has the resources it needs.
I want to thank the staff on both sides for all their hard work.
Mrs. LOWEY. Madam Speaker, I yield 3 minutes to the gentleman from
Illinois (Mr. Quigley), who is the distinguished chairman of the
Financial Services and General Government Subcommittee.
Mr. QUIGLEY. Madam Speaker, I rise today to speak about the Financial
Services and General Government Subcommittee portion of the
appropriations package before us.
Before I begin, I would like to thank Chairwoman Lowey, Ranking
Member Granger, and Subcommittee Ranking Member Tom Graves for their
hard work and commitment throughout this process. I would also like to
thank staff on both sides for all their hard work behind the scenes,
particularly my own staff and the staff of Financial Services and
General Government who don't put their names in these things, but we
know and thank Lisa and others. Our amazing subcommittee staff, in
particular, put in long hours to make this bill come together.
The FSGG bill provides $23.8 billion in total discretionary resources
for a broad array of agencies and programs ranging from the Department
of the Treasury to the Consumer Product Safety Commission. It is a bill
that I am not only proud of, but one that we can collectively all be
proud of.
My top priority as chairman this year has been to help States and
local governments secure and protect the integrity of American
elections. That is why I am proud to have successfully included $425
million in funding for the Election Assistance Commission to issue a
new round of election security grants to States. This is the first
investment for this purpose since 2018.
Let us be clear, this is not a partisan matter. We know the Russians
interfered in our 2016 elections, and they are going to be back. It is
critical we provide these funds so election officials can replace
outdated voting equipment and implement protections to ensure our
election system can withstand future attempts of foreign interference.
I am also proud that the bill makes targeted investments to ensure
that capital and other assistance gets to small businesses and low-
income communities. The bill boosts funding for the Community
Development Financial Institutions Fund by $12 million, which helps
support affordable housing, small businesses, and infrastructure in
underserved and rural communities, in addition to supplying credit to
disadvantaged communities. The bill also increases entrepreneurial
development programs at the SBA by $13 million.
We boost funding for the Securities and Exchange Commission, provide
an increase for the Federal Trade Commission, and include a long
overdue investment in the Consumer Product Safety Commission.
Another important focus this year is bolstering assistance to
taxpayers, including increases for the taxpayer advocate and tax
counseling and assistance programs. For our hardworking Federal
workers, I am thrilled that our bill includes a 3.1 percent pay
increase.
In closing, Madam Speaker, this Financial Services appropriations
bill is a result of bipartisan collaboration among members and hard
work from our staff, and I urge my colleagues to join me in support of
this bill.
Ms. GRANGER. Madam Speaker, I yield 4 minutes to the gentleman from
Tennessee (Mr. Fleischmann).
Mr. FLEISCHMANN. Madam Speaker, Ranking Member, and Chairwoman Lowey,
I rise today to lend my strong support to all of the appropriations
bills that will be before us today, but specifically as the ranking
member on the Homeland Security Subcommittee of the Appropriations
Committee, I am here to speak about the Department of Homeland Security
Appropriations Act, specifically.
As we have heard today from speakers on both sides of the aisle, this
is not an ideal bill, but I think it is a very good and strong bill. It
is a good bill crafted in a difficult environment--probably one of the
most difficult environments I have seen in my almost 10-year tenure. I
tell you, Madam Speaker, it is worthy of our support, as are all the
bills here today.
I specifically, though, as the ranking member, the highest Republican
on
[[Page H10382]]
this subcommittee, want to thank Chairwoman Roybal-Allard. She is the
head Democrat and we have worked well together. We don't view the world
and we don't view this bill in total agreement, but we got it done, and
that is very important, again, in these trying times.
This Homeland Security bill before us provides nearly $1.4 billion
for continued construction of border barriers in high-priority areas
identified by Customs and Border Protection and provides funding for
the same level of detention beds as we had in fiscal year 2019. It also
maintains the same transfer and reprogramming authorities.
The Department of Homeland Security is a vast agency and, looking at
the bill beyond the investments in border and immigration enforcement,
there are so many activities, programs, and initiatives that we all
agree on across the aisle, across the Capitol, and really across the
great United States of America. As I have said before, 90 percent of
the funding in this bill we all can agree on.
We have solid investments in our great United States Coast Guard, and
let's remember, Madam Speaker, this is the one branch of the military
that did not get paid during the government shutdown last year, but the
men and women of the Coast Guard bravely continued their missions. For
the Coast Guard--the military branch with so many domestic missions on
top of its contributions to the Nation's defense--this bill provides
desperately needed new air and marine assets as well as reinvesting in
personnel.
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We have plus-ups for the Secret Service to continue leading law
enforcement on national special security events and protection for all
the Presidential candidates.
We have plus-ups for the Cybersecurity and Infrastructure Security
Agency to help keep our government's IT system secure, as well as
providing for technical assistance to States, Tribes, and localities.
We have more than $17 billion for FEMA disaster relief to ensure that
we are ready for whatever storms hit our homes plus increases of over
$90 million for grants to State and local communities to prepare for
and mitigate disasters.
Further, as our loved ones travel over this holiday season, the bill
provides an increase of over $210 million for the operations and
equipment of TSA in fiscal year 2020.
Madam Speaker, finally, I thank the staff who have worked so hard
together. I thank, especially, the staff on both sides, majority and
minority, Darek, Kris, Bob, Karyn, Mike, Elizabeth, Rachel, Victoria,
Dena, and Kristin, plus Daniel from my own staff, for all of their hard
work to put together this good bill.
Mrs. LOWEY. Madam Speaker, I yield 2 minutes to the distinguished
gentlewoman from Ohio (Ms. Kaptur), the chairwoman of the Subcommittee
on Energy and Water Development, and Related Agencies.
Ms. KAPTUR. Madam Speaker, I applaud Chairwoman Lowey and the ranking
member, Ms. Granger, for bringing us to this point today.
I thank the Committee on Appropriations subcommittees being discussed
here now for advancing a conference agreement that provides critical
funding for Defense, Homeland Security, Commerce-Justice-Science, and
Financial Services.
H.R. 1158 and the Defense package address the priorities of
readiness, modernization, and reform, to deter our main adversaries of
Russia and China. Chairman Visclosky has crafted a careful compromise
that ensures our Nation regains the advantage in hypersonic weapons and
many other areas.
The Homeland Security portion of the bill also provides important
investments. It places safeguards on the Department of Homeland
Security to ensure its work is legal, safe, and in the national
interest. The safety of our homeland is increasingly threatened by bad
actors, both here at home and abroad, and this bill protects the 2020
election, a top national security priority.
The bill also provides funding for key issues at NASA, including for
aeronautics; for the regional economic development program; and for
harmful algal bloom research at the National Oceanic and Atmospheric
Administration.
Lastly, the bill provides investments in our Nation's credit unions
and community development financial institutions, and it makes critical
investments in election security grants to harden vulnerable election
infrastructure.
Funding the government and keeping the lights on used to be a norm.
Hopefully, we help restore that today. When the House passes this bill,
we will be restoring the American people's faith in our ability to get
the job done for our country.
Madam Speaker, again, I thank Chairwoman Lowey for her extraordinary
intelligence, leadership, and good demeanor that made this moment
possible.
Ms. GRANGER. Madam Speaker, I yield 4 minutes to the gentleman from
Kentucky (Mr. Rogers).
Mr. ROGERS of Kentucky. Madam Speaker, I rise in support of this
package to fund government operations in fiscal year 2020. I extend my
congratulations to this dynamic duo, the first time we have ever had
females occupy the chair and ranking member of this committee and, for
that matter, I guess, any other committee in the House.
This dynamic duo has produced a very good document, a very good
exercise of the power of the purse of the Congress granted by the
Constitution. I salute these two and wish them well as the day
progresses.
As a former chair of the full committee, I know of the extreme
patience that is required in this job that they are occupying and the
difficulty of getting 435 Members in this body, as well as the other
body, the White House, and the world, together under any stretch of the
imagination, but they have done that. It is difficult to do, and we
salute them for it. I especially, having been there, thank them for the
great patience that they have shown in putting this bill together.
This first package before us reflects our commitment to our Nation's
security and our military leadership across the world. The Department
of Defense receives additional resources to support our warfighters
with the best available technology. We also provide these brave men and
women with a hard-earned and well-deserved pay raise.
Within the committee, I have been particularly focused on keeping the
DOD's electronic health records on track, meshing DOD's medical records
with that of the VA. This bill takes bold steps in the right direction
to ensure our servicemembers continue to receive the best medical care
when they transition out of Active Duty and into the hands of the VA.
Second, President Trump is rightly focused on addressing the crisis
at our southern border. This legislation will support his efforts to
end the seemingly unending flow of drugs that found their way into
every American community and, practically, every American home, as well
as the violence of the brutal cartels that profit immensely from this
trade. Nearly $1.4 billion is included for the border wall, along with
additional resources for the Department of Homeland Security to hire
more personnel and deploy advanced technology in this region.
We were also able to eliminate dangerous riders that would have
limited the President's ability to enforce our immigration laws while
still ensuring a strong humanitarian response that reflects our values
as Americans.
This package also continues our momentum in the fight against opioid
abuse and addiction. With targeted resources for the Department of
Justice and other Federal agencies, the diverse programs funded in this
bill reflect the holistic strategy that Congress has embraced against
this problem: enforcement, treatment, education, and prevention, all
working in concert, in a holistic fashion. Drug courts, veterans
treatment courts, and prescription drug monitoring programs receive
robust support in this first package.
The SPEAKER pro tempore. The time of the gentleman has expired.
Ms. GRANGER. Madam Speaker, I yield such time as he may consume to
the gentleman from Kentucky.
Mr. ROGERS of Kentucky. Madam Speaker, I thank the gentlewoman.
[[Page H10383]]
Included as well are antiheroin and antimeth task forces that bring
law enforcement agents from multiple jurisdictions together to end this
scourge.
Finally, the bill allocates $30 million within the Economic
Development Administration for assistance to coal mining communities
that continue to struggle with the downturn in that industry. And it
maintains all pro-life and Second Amendment protections that exist
under current law.
Madam Speaker, this bill is worthy of our strong support, and I urge
the adoption of this masterful package.
Mrs. LOWEY. Madam Speaker, I yield 3 minutes to the gentlewoman from
Florida (Ms. Wasserman Schultz), the chairwoman of the Military
Construction, Veterans Affairs, and Related Agencies Subcommittee.
Ms. WASSERMAN SCHULTZ. Madam Speaker, I thank the gentlewoman for
yielding.
Madam Speaker, I rise in support of this minibus package that by no
means is perfect and that represents, for sure, a tough compromise. But
it makes strong investments to protect our Nation and upholds our
values as Americans.
The Commerce-Justice-Science division of this bill protects children
by increasing the Missing and Exploited Children's Program funding, but
I was deeply disappointed that the House language, which would have
directed $40 million specifically for the Internet Crimes Against
Children program at DOJ, was dropped from the final agreement at the
insistence of Senate Republicans. This is inexcusable.
The New York Times just published an expose detailing the explosion
of child sexual abuse imagery on the internet. It is incumbent on
Congress to provide adequate support for the Internet Crimes Against
Children task forces, which were authorized by bipartisan legislation I
passed, the PROTECT Our Children Act, in 2008.
The Internet Crimes Against Children task forces have successfully
rescued thousands of children, and their success is directly attached
to the amount of funding we provide to them to do investigations.
Notably, the CJS division also restores funding for the Census Bureau
as it gears up for the 2020 Census, providing $7.6 billion to the
Bureau to ensure that everyone in the United States is counted and
represented.
CJS also includes $19 million specifically for research to combat
harmful algal blooms, which have devastated my State's coastal
ecosystems and economy.
I am also pleased that the Financial Services division includes $1.3
million for local pool safety grant programs. Drowning is the leading
cause of unintentional injury and death for children ages 1 to 4 in
this country, which is why I sponsored and passed the Virginia Graeme
Baker Pool and Spa Safety Act to create and fund these grants in 2007.
Additionally, this bill helps us protect and secure our democracy
with $425 million for election security system grants to States, a
vital provision that will help ensure our election security.
The Defense division of this package invests in our national security
and our Armed Forces, providing $622.7 billion in base funding, which
is an increase of $16.2 billion above the enacted and $88.7 billion
above the President's own budget request.
The Defense bill also provides $110 million for peer-reviewed DOD
cancer research funding, a longtime priority under the leadership of
Chairwoman Nita Lowey. I am proud and thankful that the language I
sponsored to specifically include metastatic cancer in the final
agreement is still in the bill. In total, the Defense division provides
almost $500 million for cancer research.
However, I do want to note that I was disappointed about how the
Homeland Security division turned out in this agreement. Chairwoman
Roybal-Allard put together an excellent House bill that included
restrictions on the ability to transfer and reprogram funding for ICE
and CBP. The Trump administration repeatedly violates congressional
intent by shifting funding to ICE beds and to implement the dangerous
and cruel Migrant Protection Protocols. Sadly, the bicameral agreement
strips the House guardrails, though I am glad to see the House bill's
immigration ombudsman position is maintained.
The SPEAKER pro tempore. The time of the gentlewoman has expired.
Mrs. LOWEY. Madam Speaker, I yield an additional 1 minute to the
gentlewoman from Florida.
Ms. WASSERMAN SCHULTZ. Madam Speaker, the legislation also includes
my language to require on-demand admission to Members of Congress into
DHS facilities so that we can conduct oversight without the
administration whitewashing the reality inside before we arrive. That
accountability is essential.
The American people are counting on us to enact full-year spending
bills that invest responsibly and provide much-needed budget certainty.
The bill also prohibits HHS from turning over immigration information
about potential sponsors of immigrants to our country. That is also
vital to make sure that our immigrants are protected and that they have
sponsors who are eligible and don't live in fear of having their
immigration status turned over to DHS.
This bill does all of this and more. It is not perfect, but no
compromise ever is. I am proud, as a member of the Appropriations
Committee, to join my colleagues in support of it.
Ms. GRANGER. Madam Speaker, I yield 3 minutes to the gentleman from
Michigan (Mr. Moolenaar).
Mr. MOOLENAAR. Madam Speaker, I thank Chair Lowey and Ranking Member
Granger for this opportunity to speak today on this appropriations
legislation.
The bill before us right now provides crucial funding for our
Nation's military, giving our soldiers their biggest pay raise in a
decade and providing resources they need to win on the battlefield.
It is a strong complement to the next bill coming up today, where we
will fund the Army Corps of Engineers and pass through Congress
historic progress at the Soo Locks, funding the construction of a new
lock that will be vital to shipping on the Great Lakes and for American
manufacturing.
American manufacturing is responsible for millions of jobs, and this
legislation also supports hardworking men and women across our Nation
with the Manufacturing Extension Partnership.
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Constituents across my district have told me how this program does
crucial work to support the production of Michigan-made goods.
Another issue I know my constituents are concerned about is the
opioid crisis and the threat of fentanyl to our communities. This
legislation funds efforts at our Nation's borders, where officials have
already stopped thousands of pounds of fentanyl and heroin from
entering our country. The opioid epidemic requires a robust effort from
all levels of government, as well as law enforcement and medical
professionals.
The next bill also helps in this fight, with record funding for the
NIH, which will support research into nonaddictive treatments for pain,
as well as the fight against cancer and Alzheimer's.
Finally, this bill funds Great Lakes monitoring at NOAA in the
Commerce Department, which, along with the Great Lakes Restoration
Initiative, does outstanding work to protect our Great Lakes. The GLRI
works with State and local government, conservation groups and research
universities, including Central Michigan University in my district.
This year, the GLRI is receiving $320 million in the legislation that
is coming up next, and I know it will help protect the Great Lakes for
future generations.
I am grateful for the support for many of these priorities from our
colleagues on the House Appropriations Committee, including leadership
on both sides and, particularly, for my friend from Ohio, Marcy Kaptur,
who visited the Soo Locks with me and officials from the Army Corps
this summer.
Mrs. LOWEY. Madam Speaker, I yield 3 minutes to the distinguished
gentleman from Texas (Mr. Cuellar), a member of the Appropriations
Committee.
Mr. CUELLAR. Madam Speaker, I want to thank my chairwoman, Mrs. Nita
Lowey, for all the work that she has been doing, along with the staff--
fantastic work--and, of course, my colleague from Texas, also, Ms.
Granger, for her and her staff working together as a team.
[[Page H10384]]
Madam Speaker, I am speaking on this bill. As you know, anytime you
develop a consensus, there are things that we might disagree on, but I
just have to say that there are so many good things that I agree with:
the work that they did for trade, commerce, education, healthcare,
transportation, infrastructure, border security, the military, and our
veterans.
Just to highlight a couple of things:
$673 million to hire more immigration judges and support staff;
$7.5 billion increase for the Census Bureau;
$8 million for the fever ticks, which is so important for south
Texas;
$50 million-plus for the Department of Defense Impact Aid and $20
million for the Department of Defense Impact Aid for Children with
Disabilities for our military bases in Texas and across the Nation;
$32 million for carbon emissions capture research, technologies, and
storage. We are number one in Texas in energy, but we want to make sure
that we do it in a safe environmental way;
$135 million for Small Business Development Centers to make sure that
we emphasize our small businesses; and
Title I Grants to our local schools, which got $16.3 billion.
The Pell grant, we increased that to make sure that students have the
money to go to college, and I want to say thank you for that increase.
On trade, there is money to hire 1,200 CBP officers and ag
specialists; and, I guess, once we pass NAFTA 2.0 later on this week,
we need to have those inspectors at the bridges, so I want to thank the
committee for adding that money.
We also added $13 million to hire what we call Border Patrol
coordinating officers, and those are entry-level positions so we don't
take Border Patrol or CBP officers away from their work; and we can
have these new officers do the humanitarian care.
Now, unfortunately, there is a little bit of money for the wall,
which I don't agree with. But I do want to say thank you for the
language that I have asked for, that is, to make sure that we don't
construct any fencing in certain areas of my district: the Santa Ana
National Wildlife Refuge; the Bentsen-Rio Grande Valley State Park; La
Lomita Historical Park; the National Butterfly Center; the Vista Del
Mar Ranch, which is SpaceX in Brownsville; and now we added the
historical cemeteries. No fence will be built in those areas.
I also want to thank them for adding my language on making sure that
they sit down with the local jurisdictions, if they have to work on the
design or the alignment, so as to mitigate community and environmental
impact. I want to thank the committee for adding that language itself.
So, again, this is a good bill where both sides got together. I want
to thank Ms. Granger and Mrs. Nita Lowey and the committee.
Ms. GRANGER. Madam Speaker, I reserve the balance of my time.
Mrs. LOWEY. Madam Speaker, I yield 2 minutes to the gentlewoman from
Florida (Ms. Frankel), a member of the Appropriations Committee.
Ms. FRANKEL. Madam Speaker, I thank our illustrious chair for her
great work.
Madam Speaker, later today, the Energy and Water bill will include
significant funding for a critical bipartisan environmental issue in my
home State of Florida.
Known as the River of Grass, the Everglades is a 100-mile-long
natural region of tropical wetlands that is the main source of water
for millions of Floridians and visitors. It contains one of Florida's
and America's most popular national parks. It is home to hundreds of
animal species.
The State of Florida and the Federal Government are engaged in a
long-term undertaking to restore its natural flow and improve water
quality. This bill, Madam Speaker, includes $200 million for Everglades
restoration, the largest allocation ever by the Federal Government for
this project. It will help protect south Florida's magnificent
ecosystem, keep our water safe, and drive our economy.
Ms. GRANGER. Madam Speaker, I yield 3 minutes to the gentleman from
Tennessee (Mr. Fleischmann).
Mr. FLEISCHMANN. Madam Speaker, again, I want to thank Chairwoman
Lowey and Ranking Member Granger, also Ranking Member Simpson.
Today, I rise, again, in support of another one of our great
appropriations bills, the Energy and Water and Related Agencies bill.
As the Speaker knows, I spoke earlier in very fervent support of the
Homeland Security bill. The Energy and Water bill is robust. It is
well-funded.
I just actually spoke with a member of the press outside, and the
gentleman asked me, over the past few years, why the Energy and Water
bill had been increased so much. The answer is clear: It is because
Republicans and Democrats in the House and the Senate and the
administrations, including this administration as well, understand that
the Nation needs what the Department of Energy is doing.
Now, obviously, I have a bit of a bias. I represent, I think, one of
the greatest Department of Energy reservations at Oak Ridge. We have a
national lab. We have the Y-12 plant. We are building the uranium
processing facility. I thank the chairwoman for the robust funding for
that great construction project.
Also, legacy cleanup all across the United States of America--not
only in Oak Ridge, but in Savannah River; in Hanford, Washington; in
Los Alamos, New Mexico. Republicans and Democrats and communities are
working together cleaning up legacy waste.
There was a time in America when we were not as careful--during the
Cold War and prior to and during World War II--when we manufactured
these weapons and there was legacy waste out there. It is the
obligation, I think, of the Federal Government to clean it up. It is
high time that we do it, and we are doing it with our funding
priorities.
So whether it is our great national labs--there are 17 of them all
across the United States: the NNSA, the Office of Science--it hearkens
me, again, at a time when we see a divided nation, a divided Capitol,
that we can come together in very strong, fervent, and robust agreement
to support this funding bill for the Department of Energy and its
related agencies. That means our locks will be funded with the Army
Corps of Engineers and all of our key DOE functions will continue to be
supported at the highest level.
This keeps America at the forefront. We lead the world in
supercomputing. We lead the world in materials research. We lead the
world in advanced manufacturing.
So I thank my colleagues for their robust support of this bill, and I
urge its support with the other bills in this plan.
Mrs. LOWEY. Madam Speaker, I reserve the balance of my time.
Ms. GRANGER. Madam Speaker, I yield myself the balance of my time.
In closing, I would like to take a few minutes to thank several
individuals who were instrumental in bringing this package to the floor
today.
First, I would like to thank my friend and our full committee chair,
Nita Lowey. Though we don't always agree, she is respectful of other
opinions and always works in good faith and is a pleasure to work with.
I would also like to thank our Republican members of the
Appropriations Committee for their hard work to secure as many of our
priorities as possible in this final package.
There were many other Members who engaged in this process, and their
input was vital in producing a bill that reflects input from our
Conference and the constituents they represent.
It was also a pleasure to work with my Senate Appropriations
Committee colleagues, Chairman Richard Shelby and Vice Chairman Pat
Leahy. They are both incredibly tough negotiators.
Finally, and certainly not least, I would like to thank the staff on
both sides of the aisle in the House and the Senate who have worked
virtually around the clock for the last month to bring this bill across
the finish line. We have true professionals working for our committees,
and I think I speak for all Members when I say just how thankful we are
for their efforts.
I urge my colleagues to join me in voting in favor of this bill, and
I yield back the balance of my time.
Mrs. LOWEY. Madam Speaker, I urge support of the bill, and I yield
back the balance of my time.
Ms. ROYBAL-ALLARD. Madam Speaker, I want to begin by thanking the
Ranking Member of the Homeland Security Appropriations
[[Page H10385]]
Subcommittee, Mr. Fleischmann, for his professionalism and partnership
in putting this bill together. I don't believe either one of us is
satisfied with all aspects of the bill, but I am confident that he and
our staffs put their best foot forward in trying to find compromise and
resolution.
When excluding major disaster funding and funding for overseas
contingency operations by the Coast Guard, Division D of H.R. 1158
appropriates $50.5 billion for the Department of Homeland Security.
That total is $1.2 billion below the budget request and $1.1 billion
above the FY2019 enacted level, including an increase of $325 million
for cybersecurity and infrastructure security.
This bill significantly enhances oversight of our immigration and
detention enforcement activities, including increases of:
$10 million for a new Office of Immigration Detention Ombudsman to
conduct unannounced inspections of detention facilities and investigate
and resolve complaints about misconduct by DHS personnel;
$20 million for the Inspector General for oversight of detention and
enforcement activities; and
$14 million for ICE' s Office of Professional Responsibility to
increase the frequency and rigor of detention inspections.
The bill increases funding for the Office of Targeted Violence and
Terrorism Prevention, including $10 million for a grant program to help
communities develop strategies and programs to prevent targeted
violence.
For CBP, while the bill is $43.7 million below the FY2019 enacted
level, it continues to invest in smart border security technologies,
the hiring of customs officers to facilitate trade and travel at the
border, and humanitarian assistance for migrants in CBP custody.
For ICE, the bill increases resources for Alternatives to Detention
to ensure immigrants can remain in our communities while awaiting their
fair day in immigration court, but does not increase detention beds
above the FY2019 level.
There are no increases to hire new Border Patrol Agents, or
Immigration enforcement personnel, and no funding above FY2019 for
border barriers.
The bill provides resources for:
TSA to manage increased passenger volume and to procure advanced
detection technologies to make our airports safer and more efficient;
the Coast Guard to meet increased mission requirements, including a
down payment on a new Polar Security Cutter to advance our national
interests in the Arctic; the Secret Service to manage candidate
protection for next year's presidential election; and increased
resources for FEMA grant programs, including a total of $90 million for
nonprofit security grants.
The bill also includes multiple oversight and reporting directives
related to immigration enforcement and detention, and it authorizes
members of Congress to make unannounced oversight visits to detention
facilities.
The other bills included in this minibus also include priorities I
support, including $7.6 billion for a fair and accurate census; a 3.1%
pay raise for our servicemembers and civil servants; $425 million for
election security grants; and grant funding to address the sexual
assault kit and DNA evidence backlogs.
Unfortunately, the bill does not reclaim Congress's constitutional
power of the purse. House and Senate Republicans refused to include
House bill provisions that would have prevented the President from once
again diverting other funds to augment appropriated levels of border
barrier and detention bed funding.
To be clear, this bill is better for the Department and for
congressional oversight than if we had turned to the only other
alternative, a year-long Continuing Resolution.
Nevertheless, it is an abdication of congressional authority for this
bill to continue allowing the President to routinely ignore and
circumvent congressional funding decisions.
Despite the many good things in this legislation, I cannot legitimize
ceding that authority once again to the President by voting for the
bill.
Ms. MOORE. Madam Speaker, I rise in opposition to the House Amendment
to the Senate Amendment to H.R. 1158, a funding package that wraps
together the FY 2020 Department of Defense and the FY 2020 Department
of Homeland Security funding bills. While I support the other funding
bills included in this package, I am concerned and opposed to the
policies and priorities outlined in the Defense and Homeland Security
bill and will vote No.
I support our men and women in uniform and ensuring they have the
equipment and resources they need to do their jobs. The 3.1% military
pay raise should be applauded.
The best way to support our men and women is to ensure those funds
are being well spent rather than on things that do nothing to enhance
or security, that we do not need, and which we cannot afford, but also
for Congress to reassert our authority to prevent dangerous national
security and foreign policy decisions, that will have consequences for
generations.
Among my concerns with the Defense bill is continued and higher
spending for the Defense Department with little or no oversight,
especially when it comes to wasteful spending on overbudget programs.
In this bill, we fund one of the largest military budgets in history,
with little oversight to ensure we are getting the best bang for the
buck. As we have seen with this capricious President, oversight is
essential and necessary.
I am also troubled by the decision to drop the provision that would
call for the repeal of the 2001 Authorization for the Use of Military
Force and for Congress to debate its replacement. Congress' war power
is not self-executing and we need to aggressively protect it.
We will never stop open ended war if we never reconsider the open-
ended authorizations that are feeding them. Yet, I am concerned when
you consider this omission combined with the decision to drop key
provisions from the FY 2020 NDAA (that I voted to add to that bill in
the House) such as the provision ending the 2002 AUMF for Iraq--which
is outdated and needless. While the FY 2020 NDAA included a provision
providing paid leave to federal employees, it dropped strong language
barring funding for an unauthorized war with Iran and ending U.S.
involvement in the humanitarian catastrophe in Yemen.
This is the bill that funds the policies and spending that was
authorized in the NDAA and I will vote NO.
Tomorrow, we'll have a debate about the Constitution and our
authority, ability, and responsibility to hold the President
accountable. Well, we need a similar debate when it comes to war and
peace. The Constitution is clear about Congress' authority and yet
every time we punt on reasserting our authority to either approve or
disapprove sending our men and women in uniform to war, we weaken our
institution and our democracy.
Please know I will continue to work with my colleagues and support
legislation to address the important House-passed provisions that were
left out of this legislation and the final FY 2020 NDAA.
I also oppose the Department of Homeland Security funding bill.
Neither this bill nor the Defense bill include strong restrictions on
the President's ability to transfer and move funds for the border wall
or to implement and enforce his immoral and unlawful immigration
policies. From the terrible family separation policy, to the remain in
Mexico policy, to even the decision by immigration authorities to
ignore the CDC recommendation that those in detention be provided with
flu shots during flu season. According to media reports, last May, a
16-year-old Guatemalan boy died in immigration custody after being
diagnosed with the flu. This is just cruel.
I appreciate the work of my colleagues, from Chairwoman Lowey to
Chairwomen Roybal-Allard to add strong oversight provisions to the bill
and to end these harmful and ineffective immigration policies.
Unfortunately, many of those efforts were not included.
We can do better which is why I will vote NO.
Mr. SOTO. Madam Speaker, I would like to acknowledge that Division A
of H.R. 1158, Consolidated Appropriations Act, 2020's Joint Explanatory
Statement to Division A, provided an increase to the Industrial Base
Analysis and Sustainment Support program within the Research,
Development, Test and Evaluation, Defense-Wide account. Specifically, a
general program increase of $10,000,000, a $12,500,000 program increase
for manufacturing engineering, a $20,000,000 program increase for
machine and advanced manufacturing, and a $5,000,000 program increase
for an interdisciplinary center for advanced manufacturing systems.
These funds will allow the Department of Defense to leverage existing
public-private-partnerships to establish a U.S. based manufacturing
development platform for advanced microelectronic system integration,
including anti-tamper heterogeneous integration and foundational
copper-based silicon interposer technology.
The Industrial Base Analysis and Sustainment program is dedicated to
ensuring that the Department of Defense is positioned to more
effectively, and efficiently, address industrial base issues, and
support the National Security Innovation Base. This includes the
ability to proactively mitigate supply chain vulnerabilities within the
global defense industrial base, and to cultivate next generation,
emerging, defense manufacturing and technology sectors.
Continued U.S. global leadership in microelectronics depends on U.S.
owned firms operating at the leading edge of advanced logic
technologies and digital memories. The next generation of electronic
devices will require significantly greater functional density, in other
words, packing functional components together even more tightly than
current technology allows. This requires technical leadership in
microelectronics system integration,
[[Page H10386]]
specifically in the microelectronics manufacturing areas of integrating
heterogeneous devices, stacking memory, logic processing, sensors,
communications, and packaging with security and advanced interconnect
methods.
One of the foundational technologies required for advanced system
integration is copper-based silicon interposer technology. This
foundational interposer technology can enable almost any
microelectronic dependent, or internet of things, system. However,
advanced system integration capabilities have moved offshore due to
cost, and there currently is no domestic sources that can reliably
serve the low volumes of advanced microelectronics that the Department
of Defense requires.
That is why there is a need for the Industrial Base Analysis and
Sustainment Support Program to leverage existing public-private-
partnerships to establish a U.S. based manufacturing development
platform for advanced microelectronic system integration, including the
foundational copperbased silicon interposer technology. This funding
increase will help to accomplish this, and I thank the Chairwoman for
the overall funding increases for the Industrial Base Analysis and
Sustainment Support Program within the Research, Development, Test and
Evaluation, Defense-Wide Account.
I want to express my gratitude and thank Chairwoman Lowey, Chairman
Visclosky, and the full Committee for all their work on the issue.
Mr. SOTO. Madam Speaker, I would like to acknowledge that Division A
of H.R. 1158, Consolidated Appropriations Act, 2020's Joint Explanatory
Statement to Division A, provided an increase to the Trusted and
Assured Microelectronics program within the Research, Development, Test
and Evaluation, Defense-Wide account. These funds will allow the
Department of Defense to leverage existing public-private-partnerships
to enable a U.S. based manufacturing development platform for advanced
microelectronic system integration, including anti-tamper heterogeneous
integration and foundational copper-based silicon interposer
technology.
I want to express my gratitude to Chairwoman Lowey, Chairman
Visclosky, and the full Committee for the inclusion of this funding
increase and for recognizing the urgent need to invest in trusted
foundries, advanced microelectronics cybersecurity, and manufacturing
capabilities that will translate our domestic research into fielded
capabilities for the warfighter.
Ensuring quick, reliable, and secure access to leading-edge
microelectronics is often a challenge. The changing global
semiconductor industry and the increasing sophistication of U.S.
adversaries require us to update our domestic microelectronics security
framework.
Continued U.S. global leadership in microelectronics depends on U.S.
owned firms operating at the leading edge of advanced logic
technologies and digital memories. The next generation of electronic
devices will require significantly greater functional density, in other
words, packing functional components together even more tightly than
current technology allows. This requires technical leadership in
microelectronics system integration, specifically in the
microelectronics manufacturing areas of integrating heterogeneous
devices, stacking memory, logic processing, sensors, communications,
and packaging with security and advanced interconnect methods.
One of the foundational technologies required for advanced system
integration is copper-based silicon interposer technology--also known
as heterogeneous integration. This foundational interposer technology
can enable almost any microelectronic dependent, or internet of things,
system. However, advanced system integration capabilities have moved
offshore due to cost, and there currently is no domestic sources that
can reliably serve the low volumes of advanced microelectronics that
the Department of Defense requires. That's why this funding is so
critical. We must invest in these advanced integrated capabilities so
we can secure our microelectronic systems that our service members
depend on.
Again, I support disruptive science and technology that enables a
rapid modernization of our trusted and assured microelectronics
systems. I thank my colleagues for their shared support.
Mr. SOTO. Madam Speaker, I would like to acknowledge that Division A
of H.R. 1158, Consolidated Appropriations Act, 2020's Joint Explanatory
Statement to Division A, provided an increase to the Defense-Wide
Manufacturing Science and Technology Program within the Research,
Development, Test and Evaluation, Defense-Wide account. Specifically, a
general program increase of $20,000,000, a $5,000,000 program increase
for manufacturing engineering programs, a $10,000,000 program increase
for manufacturing innovation institutes, a $10,000,000 program increase
for advanced manufacturing, and a $14,000,000 program increase for
manufacturing cybersecurity.
I want to express my gratitude to Chairwoman Lowey, Chairman
Visclosky, and the full Committee for the inclusion of joint
explanatory language to the bill noting the importance of obtaining
advanced microelectronics manufacturing, in support of the defense
industrial base, from trusted domestic suppliers.
Ensuring quick, reliable, and secure access to leading-edge
microelectronics is often a challenge. The changing global
semiconductor industry and the increasing sophistication of U.S.
adversaries require us to update our domestic microelectronics security
framework by establishing a comprehensive, public-private partnership-
structured microelectronics cybersecurity center.
This center can provide the defense industrial base with access to
manufacturing resources to support antitamper, devices, hardware
security, and other evolving new concept technologies that support
trusted and assured manufacturing, combined with advanced system
integration and packaging technologies--known as heterogeneous
integration.
The Defense-Wide Manufacturing Science and Technology Program enables
the Department of Defense to advance reliable and secure state-of-the-
art technologies. The funding increase provided in this legislation,
along with the increased funding for advanced manufacturing, will
facilitate America's innovative, secure, and domestic foundry
operations and greatly contribute to our national defense through the
establishment of a microelectronics cybersecurity center structured as
a public-private partnership.
Again, I thank the Committee for recognizing the urgent need to
invest in trusted foundries, advanced microelectronics cybersecurity,
and manufacturing capabilities that will translate our domestic
research into fielded capabilities for the warfighter. I would like to
thank Chairwoman Lowey, Chairman Visclosky, and the full Committee for
all their work on the issue.
Mr. SOTO. Madam Speaker, I would like to acknowledge that Division A
of H.R. 1158, Consolidated Appropriations Act, 2020's Joint Explanatory
Statement to Division A, provided an increase to the Soldier Lethality
Technology Program within the Research, Development, Test and
Evaluation, Army account. Specifically, a general program increase of
$5,000,000.
I want to express my gratitude to Chairwoman Lowey, Chairman
Visclosky, and the full Committee for the inclusion of this funding
increase. These funds allow the Army Research Lab to conduct work on a
number of important disruptive science and technology programs,
including millimeter-wave imager sensor technology needed to improve
situational awareness to our service men and women.
Ensuring access to low cost imager sensors to provide leap-ahead
capability in urban combat and situational awareness will enable troops
to move, communicate, protect, and sustain themselves better in any
combat environment. Such sensors can be used in a reconnaissance role,
with the ability to see inhabitants within building structures and
provide significant situational insight within dense urban
environments.
Again, I support the modernization of the U.S. Army and to support
disruptive science and technology. I thank my colleagues for their
shared support.
The SPEAKER pro tempore. All time for debate has expired.
Pursuant to House Resolution 765, the previous question is ordered.
The question is on the motion by the gentlewoman from New York (Mrs.
Lowey).
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Ms. GRANGER. Madam Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this question will be postponed.
____________________