[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2740 Placed on Calendar Senate (PCS)]
<DOC>
Calendar No. 140
116th CONGRESS
1st Session
H. R. 2740
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 24, 2019
Received
July 9, 2019
Read the first time
July 10, 2019
Read the second time and placed on the calendar
_______________________________________________________________________
AN ACT
Making appropriations for the Departments of Labor, Health and Human
Services, and Education, and related agencies for the fiscal year
ending September 30, 2020, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Labor, Health and Human Services,
Education, Defense, State, Foreign Operations, and Energy and Water
Development Appropriations Act, 2020''.
DIVISION A--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND
EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2020
The following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the Departments of Labor,
Health and Human Services, and Education, and related agencies for the
fiscal year ending September 30, 2020, and for other purposes, namely:
TITLE I
DEPARTMENT OF LABOR
Employment and Training Administration
training and employment services
For necessary expenses of the Workforce Innovation and Opportunity
Act (referred to in this Act as ``WIOA'') and the National
Apprenticeship Act, $3,977,615,000, plus reimbursements, shall be
available. Of the amounts provided:
(1) for grants to States for adult employment and training
activities, youth activities, and dislocated worker employment
and training activities, $2,967,360,000 as follows:
(A) $900,000,000 for adult employment and training
activities, of which $188,000,000 shall be available
for the period July 1, 2020 through June 30, 2021, and
of which $712,000,000 shall be available for the period
October 1, 2020 through June 30, 2021;
(B) $964,000,000 for youth activities, which shall
be available for the period April 1, 2020 through June
30, 2021; and
(C) $1,103,360,000 for dislocated worker employment
and training activities, of which $243,360,000 shall be
available for the period July 1, 2020 through June 30,
2021, and of which $860,000,000 shall be available for
the period October 1, 2020 through June 30, 2021:
Provided, That the funds available for allotment to outlying
areas to carry out subtitle B of title I of the WIOA shall not
be subject to the requirements of section 127(b)(1)(B)(ii) of
such Act; and
(2) for national programs, $1,010,255,000 as follows:
(A) $370,859,000 for the dislocated workers
assistance national reserve, of which $170,859,000
shall be available for the period July 1, 2020 through
September 30, 2021, and of which $200,000,000 shall be
available for the period October 1, 2020 through
September 30, 2021: Provided, That funds provided to
carry out section 132(a)(2)(A) of the WIOA may be used
to provide assistance to a State for statewide or local
use in order to address cases where there have been
worker dislocations across multiple sectors or across
multiple local areas and such workers remain
dislocated; coordinate the State workforce development
plan with emerging economic development needs; and
train such eligible dislocated workers: Provided
further, That funds provided to carry out sections
168(b) and 169(c) of the WIOA may be used for technical
assistance and demonstration projects, respectively,
that provide assistance to new entrants in the
workforce and incumbent workers: Provided further, That
notwithstanding section 168(b) of the WIOA, of the
funds provided under this subparagraph, the Secretary
of Labor (referred to in this title as ``Secretary'')
may reserve not more than 7 percent of such funds to
provide technical assistance and carry out additional
activities related to the transition to the WIOA:
Provided further, That of the funds provided under this
subparagraph, $150,000,000 shall be for training and
employment assistance under sections 168(b), 169(c)
(notwithstanding the 10 percent limitation in such
section) and 170 of the WIOA for the purpose of
developing, offering, or improving educational or
career training programs at community colleges, defined
as public institutions of higher education, as
described in section 101(a) of the Higher Education Act
and at which the associate's degree is primarily the
highest degree awarded, with other eligible
institutions of higher education, as defined in section
101(a) of the Higher Education Act, eligible to
participate through consortia, with community colleges
as the lead grantee: Provided further, That the
Secretary shall follow the requirements for the program
in the committee report accompanying this Act: Provided
further, That any grant funds used for apprenticeships
shall be used to support only apprenticeship programs
registered under the National Apprenticeship Act and as
referred to in Section 3(7)(B) of the Workforce
Innovation and Opportunity Act;
(B) $55,000,000 for Native American programs under
section 166 of the WIOA, which shall be available for
the period July 1, 2020 through June 30, 2021;
(C) $98,896,000 for migrant and seasonal farmworker
programs under section 167 of the WIOA, including
$91,722,000 for formula grants (of which not less than
70 percent shall be for employment and training
services), $6,588,000 for migrant and seasonal housing
(of which not less than 70 percent shall be for
permanent housing), and $586,000 for other
discretionary purposes, which shall be available for
the period April 1, 2020 through June 30, 2021:
Provided, That notwithstanding any other provision of
law or related regulation, the Department of Labor
shall take no action limiting the number or proportion
of eligible participants receiving related assistance
services or discouraging grantees from providing such
services;
(D) $127,500,000 for YouthBuild activities as
described in section 171 of the WIOA, which shall be
available for the period April 1, 2020 through June 30,
2021;
(E) $100,000,000 for ex-offender activities, under
the authority of section 169 of the WIOA, which shall
be available for the period April 1, 2020 through June
30, 2021: Provided, That of this amount, $25,000,000
shall be for competitive grants to national and
regional intermediaries for activities that prepare
young, formerly incarcerated individuals, including
those who have dropped out of school or other
educational programs, with a priority for projects
serving high-crime, high-poverty areas;
(F) $8,000,000 for the Workforce Data Quality
Initiative, under the authority of section 169 of the
WIOA, which shall be available for the period July 1,
2020 through June 30, 2021; and
(G) $250,000,000, to expand opportunities through
apprenticeships only registered under the National
Apprenticeship Act and as referred to in section
3(7)(B) of the WIOA, to be available to the Secretary
to carry out activities through grants, cooperative
agreements, contracts and other arrangements, with
States and other appropriate entities, which shall be
available for the period July 1, 2020 through June 30,
2021: Provided further, That of the funds provided to
carry out this subparagraph, not less than 20 percent
shall be for making competitive contracts, grants, and
cooperative agreements to national apprenticeship
intermediaries, not less than 20 percent shall be for
competitive contracts, grants, and cooperative
agreements to local apprenticeship intermediaries, and
not less than 50 percent shall be used to fund grants
to States.
job corps
(including transfer of funds)
To carry out subtitle C of title I of the WIOA, including Federal
administrative expenses, the purchase and hire of passenger motor
vehicles, the construction, alteration, and repairs of buildings and
other facilities, and the purchase of real property for training
centers as authorized by the WIOA, $1,868,655,000, plus reimbursements,
as follows:
(1) $1,603,325,000 for Job Corps Operations, which shall be
available for the period July 1, 2020 through June 30, 2021;
(2) $233,000,000 for construction, rehabilitation and
acquisition of Job Corps Centers, which shall be available for
the period July 1, 2020 through June 30, 2023, and which may
include the acquisition, maintenance, and repair of major items
of equipment: Provided, That the Secretary may transfer up to
15 percent of such funds to meet the operational needs of such
centers or to achieve administrative efficiencies: Provided
further, That any funds transferred pursuant to the preceding
provision shall not be available for obligation after June 30,
2021: Provided further, That the Committees on Appropriations
of the House of Representatives and the Senate are notified at
least 15 days in advance of any transfer; and
(3) $32,330,000 for necessary expenses of Job Corps, which
shall be available for obligation for the period October 1,
2019 through September 30, 2020:
Provided, That no funds from any other appropriation shall be used to
provide meal services at or for Job Corps centers.
community service employment for older americans
To carry out title V of the Older Americans Act of 1965 (referred
to in this Act as ``OAA''), $463,800,000, which shall be available for
the period April 1, 2020 through June 30, 2021, and may be recaptured
and reobligated in accordance with section 517(c) of the OAA.
federal unemployment benefits and allowances
For payments during fiscal year 2020 of trade adjustment benefit
payments and allowances under part I of subchapter B of chapter 2 of
title II of the Trade Act of 1974, and section 246 of that Act; and for
training, employment and case management services, allowances for job
search and relocation, and related State administrative expenses under
part II of subchapter B of chapter 2 of title II of the Trade Act of
1974, and including benefit payments, allowances, training, employment
and case management services, and related State administration provided
pursuant to section 231(a) of the Trade Adjustment Assistance Extension
Act of 2011 and section 405(a) of the Trade Preferences Extension Act
of 2015, $680,000,000 together with such amounts as may be necessary to
be charged to the subsequent appropriation for payments for any period
subsequent to September 15, 2020: Provided, That notwithstanding
section 502 of this Act, any part of the appropriation provided under
this heading may remain available for obligation beyond the current
fiscal year pursuant to the authorities of section 245(c) of the Trade
Act of 1974 (19 U.S.C. 2317(c)).
state unemployment insurance and employment service operations
For authorized administrative expenses, $84,066,000, together with
not to exceed $3,381,695,000 which may be expended from the Employment
Security Administration Account in the Unemployment Trust Fund (``the
Trust Fund''), of which:
(1) $2,618,230,000 from the Trust Fund is for grants to
States for the administration of State unemployment insurance
laws as authorized under title III of the Social Security Act
(including not less than $175,000,000 to carry out reemployment
services and eligibility assessments under section 306 of such
Act, any claimants of regular compensation, as defined in such
section, including those who are profiled as most likely to
exhaust their benefits, may be eligible for such services and
assessments: Provided, That of such amount, $117,000,000 is
specified for grants under section 306 of the Social Security
Act and is provided to meet the terms of section
251(b)(2)(E)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, and $58,000,000 is additional
new budget authority specified for purposes of section
251(b)(2)(E)(i)(II) of such Act; and $9,000,000 for continued
support of the Unemployment Insurance Integrity Center of
Excellence), the administration of unemployment insurance for
Federal employees and for ex-service members as authorized
under 5 U.S.C. 8501-8523, and the administration of trade
readjustment allowances, reemployment trade adjustment
assistance, and alternative trade adjustment assistance under
the Trade Act of 1974 and under section 231(a) of the Trade
Adjustment Assistance Extension Act of 2011 and section 405(a)
of the Trade Preferences Extension Act of 2015, and shall be
available for obligation by the States through December 31,
2020, except that funds used for automation shall be available
for Federal obligation through December 31, 2020, and for State
obligation through September 30, 2022, or, if the automation is
being carried out through consortia of States, for State
obligation through September 30, 2026, and for expenditure
through September 30, 2027, and funds for competitive grants
awarded to States for improved operations and to conduct in-
person reemployment and eligibility assessments and
unemployment insurance improper payment reviews and provide
reemployment services and referrals to training, as
appropriate, shall be available for Federal obligation through
December 31, 2020, and for obligation by the States through
September 30, 2022, and funds for the Unemployment Insurance
Integrity Center of Excellence shall be available for
obligation by the State through September 30, 2021, and funds
used for unemployment insurance workloads experienced through
September 30, 2020 shall be available for Federal obligation
through December 31, 2020: Provided further, That of the funds
available under this paragraph for grants to States for
administering claims under State unemployment compensation laws
that remain unallocated at the end of the fiscal year as a
result of state workloads in administering such claims not
supporting the allocation, the Secretary shall use such funds
(other than funds specified for other activities in this
paragraph) for supplemental grant funding opportunities to
States in order to improve operations and modernize State
Unemployment Insurance systems and such funds shall remain
available for Federal obligation through December 31, 2020;
(2) $12,000,000 from the Trust Fund is for national
activities necessary to support the administration of the
Federal-State unemployment insurance system;
(3) $658,587,000 from the Trust Fund, together with
$21,413,000 from the General Fund of the Treasury, is for
grants to States in accordance with section 6 of the Wagner-
Peyser Act, and shall be available for Federal obligation for
the period July 1, 2020 through June 30, 2021;
(4) $22,318,000 from the Trust Fund is for national
activities of the Employment Service, including administration
of the work opportunity tax credit under section 51 of the
Internal Revenue Code of 1986, and the provision of technical
assistance and staff training under the Wagner-Peyser Act;
(5) $70,560,000 from the Trust Fund is for the
administration of foreign labor certifications and related
activities under the Immigration and Nationality Act and
related laws, of which $56,278,000 shall be available for the
Federal administration of such activities, and $14,282,000
shall be available for grants to States for the administration
of such activities; and
(6) $62,653,000 from the General Fund is to provide
workforce information, national electronic tools, and one-stop
system building under the Wagner-Peyser Act and shall be
available for Federal obligation for the period July 1, 2020
through June 30, 2021:
Provided, That to the extent that the Average Weekly Insured
Unemployment (``AWIU'') for fiscal year 2020 is projected by the
Department of Labor to exceed 1,758,000, an additional $28,600,000 from
the Trust Fund shall be available for obligation for every 100,000
increase in the AWIU level (including a pro rata amount for any
increment less than 100,000) to carry out title III of the Social
Security Act: Provided further, That funds appropriated in this Act
that are allotted to a State to carry out activities under title III of
the Social Security Act may be used by such State to assist other
States in carrying out activities under such title III if the other
States include areas that have suffered a major disaster declared by
the President under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act: Provided further, That the Secretary may use
funds appropriated for grants to States under title III of the Social
Security Act to make payments on behalf of States for the use of the
National Directory of New Hires under section 453(j)(8) of such Act:
Provided further, That the Secretary may use funds appropriated for
grants to States under title III of the Social Security Act to make
payments on behalf of States to the entity operating the State
Information Data Exchange System: Provided further, That funds
appropriated in this Act which are used to establish a national one-
stop career center system, or which are used to support the national
activities of the Federal-State unemployment insurance, employment
service, or immigration programs, may be obligated in contracts,
grants, or agreements with States and non-State entities: Provided
further, That States awarded competitive grants for improved operations
under title III of the Social Security Act, or awarded grants to
support the national activities of the Federal-State unemployment
insurance system, may award subgrants to other States and non-State
entities under such grants, subject to the conditions applicable to the
grants: Provided further, That funds appropriated under this Act for
activities authorized under title III of the Social Security Act and
the Wagner-Peyser Act may be used by States to fund integrated
Unemployment Insurance and Employment Service automation efforts,
notwithstanding cost allocation principles prescribed under the final
rule entitled ``Uniform Administrative Requirements, Cost Principles,
and Audit Requirements for Federal Awards'' at part 200 of title 2,
Code of Federal Regulations: Provided further, That the Secretary, at
the request of a State participating in a consortium with other States,
may reallot funds allotted to such State under title III of the Social
Security Act to other States participating in the consortium or to the
entity operating the Unemployment Insurance Information Technology
Support Center in order to carry out activities that benefit the
administration of the unemployment compensation law of the State making
the request: Provided further, That the Secretary may collect fees for
the costs associated with additional data collection, analyses, and
reporting services relating to the National Agricultural Workers Survey
requested by State and local governments, public and private
institutions of higher education, and nonprofit organizations and may
utilize such sums, in accordance with the provisions of 29 U.S.C. 9a,
for the National Agricultural Workers Survey infrastructure,
methodology, and data to meet the information collection and reporting
needs of such entities, which shall be credited to this appropriation
and shall remain available until September 30, 2021, for such purposes.
advances to the unemployment trust fund and other funds
For repayable advances to the Unemployment Trust Fund as authorized
by sections 905(d) and 1203 of the Social Security Act, and to the
Black Lung Disability Trust Fund as authorized by section 9501(c)(1) of
the Internal Revenue Code of 1986; and for nonrepayable advances to the
revolving fund established by section 901(e) of the Social Security
Act, to the Unemployment Trust Fund as authorized by 5 U.S.C. 8509, and
to the ``Federal Unemployment Benefits and Allowances'' account, such
sums as may be necessary, which shall be available for obligation
through September 30, 2021.
program administration
For expenses of administering employment and training programs,
$108,674,000, together with not to exceed $49,982,000 which may be
expended from the Employment Security Administration Account in the
Unemployment Trust Fund.
Employee Benefits Security Administration
salaries and expenses
For necessary expenses for the Employee Benefits Security
Administration, $183,155,000, of which up to $3,000,000 shall be made
available through September 30, 2021, for the procurement of expert
witnesses for enforcement litigation.
Pension Benefit Guaranty Corporation
pension benefit guaranty corporation fund
The Pension Benefit Guaranty Corporation (``Corporation'') is
authorized to make such expenditures, including financial assistance
authorized by subtitle E of title IV of the Employee Retirement Income
Security Act of 1974, within limits of funds and borrowing authority
available to the Corporation, and in accord with law, and to make such
contracts and commitments without regard to fiscal year limitations, as
provided by 31 U.S.C. 9104, as may be necessary in carrying out the
program, including associated administrative expenses, through
September 30, 2020, for the Corporation: Provided, That none of the
funds available to the Corporation for fiscal year 2020 shall be
available for obligations for administrative expenses in excess of
$452,858,000: Provided further, That to the extent that the number of
new plan participants in plans terminated by the Corporation exceeds
100,000 in fiscal year 2020, an amount not to exceed an additional
$9,200,000 shall remain available until expended for obligations for
administrative expenses for every 20,000 additional terminated
participants: Provided further, That obligations in excess of the
amounts provided for administrative expenses in this paragraph may be
incurred and shall remain available until expended for obligation for
unforeseen and extraordinary pre-termination or termination expenses or
extraordinary multiemployer program related expenses after approval by
the Office of Management and Budget and notification of the Committees
on Appropriations of the House of Representatives and the Senate:
Provided further, That to the extent the Corporation's expenses exceed
$250,000 for the provision of credit or identity monitoring to affected
individuals upon suffering a security incident or privacy breach, an
additional amount shall remain available until expended for obligations
for such expenses, not to exceed an additional $100 per affected
individual.
Wage and Hour Division
salaries and expenses
For necessary expenses for the Wage and Hour Division, including
reimbursement to State, Federal, and local agencies and their employees
for inspection services rendered, $298,131,000.
Office of Labor-Management Standards
salaries and expenses
For necessary expenses for the Office of Labor-Management
Standards, $40,187,000 (reduced by $4,000,000).
Office of Federal Contract Compliance Programs
salaries and expenses
For necessary expenses for the Office of Federal Contract
Compliance Programs, $120,000,000.
Office of Workers' Compensation Programs
salaries and expenses
For necessary expenses for the Office of Workers' Compensation
Programs, $118,609,000, together with $2,173,000 which may be expended
from the Special Fund in accordance with sections 39(c), 44(d), and
44(j) of the Longshore and Harbor Workers' Compensation Act.
special benefits
(including transfer of funds)
For the payment of compensation, benefits, and expenses (except
administrative expenses) accruing during the current or any prior
fiscal year authorized by 5 U.S.C. 81; continuation of benefits as
provided for under the heading ``Civilian War Benefits'' in the Federal
Security Agency Appropriation Act, 1947; the Employees' Compensation
Commission Appropriation Act, 1944; section 5(f) of the War Claims Act
(50 U.S.C. App. 2012); obligations incurred under the War Hazards
Compensation Act (42 U.S.C. 1701 et seq.); and 50 percent of the
additional compensation and benefits required by section 10(h) of the
Longshore and Harbor Workers' Compensation Act, $234,600,000, together
with such amounts as may be necessary to be charged to the subsequent
year appropriation for the payment of compensation and other benefits
for any period subsequent to August 15 of the current year, for deposit
into and to assume the attributes of the Employees' Compensation Fund
established under 5 U.S.C. 8147(a): Provided, That amounts appropriated
may be used under 5 U.S.C. 8104 by the Secretary to reimburse an
employer, who is not the employer at the time of injury, for portions
of the salary of a re-employed, disabled beneficiary: Provided further,
That balances of reimbursements unobligated on September 30, 2019,
shall remain available until expended for the payment of compensation,
benefits, and expenses: Provided further, That in addition there shall
be transferred to this appropriation from the Postal Service and from
any other corporation or instrumentality required under 5 U.S.C.
8147(c) to pay an amount for its fair share of the cost of
administration, such sums as the Secretary determines to be the cost of
administration for employees of such fair share entities through
September 30, 2020: Provided further, That of those funds transferred
to this account from the fair share entities to pay the cost of
administration of the Federal Employees' Compensation Act, $74,777,000
shall be made available to the Secretary as follows:
(1) For enhancement and maintenance of automated data
processing systems operations and telecommunications systems,
$24,540,000;
(2) For automated workload processing operations, including
document imaging, centralized mail intake, and medical bill
processing, $22,968,000;
(3) For periodic roll disability management and medical
review, $25,535,000;
(4) For program integrity, $1,734,000; and
(5) The remaining funds shall be paid into the Treasury as
miscellaneous receipts:
Provided further, That the Secretary may require that any person
filing a notice of injury or a claim for benefits under 5 U.S.C. 81, or
the Longshore and Harbor Workers' Compensation Act, provide as part of
such notice and claim, such identifying information (including Social
Security account number) as such regulations may prescribe.
special benefits for disabled coal miners
For carrying out title IV of the Federal Mine Safety and Health Act
of 1977, as amended by Public Law 107-275, $20,970,000, to remain
available until expended.
For making after July 31 of the current fiscal year, benefit
payments to individuals under title IV of such Act, for costs incurred
in the current fiscal year, such amounts as may be necessary.
For making benefit payments under title IV for the first quarter of
fiscal year 2021, $14,000,000, to remain available until expended.
administrative expenses, energy employees occupational illness
compensation fund
For necessary expenses to administer the Energy Employees
Occupational Illness Compensation Program Act, $59,846,000, to remain
available until expended: Provided, That the Secretary may require that
any person filing a claim for benefits under the Act provide as part of
such claim such identifying information (including Social Security
account number) as may be prescribed.
black lung disability trust fund
(including transfer of funds)
Such sums as may be necessary from the Black Lung Disability Trust
Fund (the ``Fund''), to remain available until expended, for payment of
all benefits authorized by section 9501(d)(1), (2), (6), and (7) of the
Internal Revenue Code of 1986; and repayment of, and payment of
interest on advances, as authorized by section 9501(d)(4) of that Act.
In addition, the following amounts may be expended from the Fund for
fiscal year 2020 for expenses of operation and administration of the
Black Lung Benefits program, as authorized by section 9501(d)(5): not
to exceed $38,246,000 for transfer to the Office of Workers'
Compensation Programs, ``Salaries and Expenses''; not to exceed
$32,844,000 for transfer to Departmental Management, ``Salaries and
Expenses''; not to exceed $330,000 for transfer to Departmental
Management, ``Office of Inspector General''; and not to exceed $356,000
for payments into miscellaneous receipts for the expenses of the
Department of the Treasury.
Occupational Safety and Health Administration
salaries and expenses
For necessary expenses for the Occupational Safety and Health
Administration, $660,908,000, including not to exceed $123,233,000
which shall be the maximum amount available for grants to States under
section 23(g) of the Occupational Safety and Health Act (the ``Act''),
which grants shall be no less than 50 percent of the costs of State
occupational safety and health programs required to be incurred under
plans approved by the Secretary under section 18 of the Act; and, in
addition, notwithstanding 31 U.S.C. 3302, the Occupational Safety and
Health Administration may retain up to $499,000 per fiscal year of
training institute course tuition and fees, otherwise authorized by law
to be collected, and may utilize such sums for occupational safety and
health training and education: Provided, That notwithstanding 31 U.S.C.
3302, the Secretary is authorized, during the fiscal year ending
September 30, 2020, to collect and retain fees for services provided to
Nationally Recognized Testing Laboratories, and may utilize such sums,
in accordance with the provisions of 29 U.S.C. 9a, to administer
national and international laboratory recognition programs that ensure
the safety of equipment and products used by workers in the workplace:
Provided further, That $12,690,000 shall be available for Susan Harwood
training grants, of which not less than $4,500,000 is for Susan Harwood
Training Capacity Building Developmental grants, as described in
Funding Opportunity Number SHTG-FY-16-02 (referenced in the notice of
availability of funds published in the Federal Register on May 3, 2016
(81 Fed. Reg. 30568)) for program activities starting not later than
September 30, 2020 and lasting for a period of 12 months: Provided
further, That not more than $3,500,000 shall be for Voluntary
Protection Programs.
Mine Safety and Health Administration
salaries and expenses
For necessary expenses for the Mine Safety and Health
Administration, $417,290,000, including purchase and bestowal of
certificates and trophies in connection with mine rescue and first-aid
work, and the hire of passenger motor vehicles, including up to
$2,000,000 for mine rescue and recovery activities and not less than
$10,537,000 for State assistance grants: Provided, That notwithstanding
31 U.S.C. 3302, not to exceed $750,000 may be collected by the National
Mine Health and Safety Academy for room, board, tuition, and the sale
of training materials, otherwise authorized by law to be collected, to
be available for mine safety and health education and training
activities: Provided further, That notwithstanding 31 U.S.C. 3302, the
Mine Safety and Health Administration is authorized to collect and
retain up to $2,499,000 from fees collected for the approval and
certification of equipment, materials, and explosives for use in mines,
and may utilize such sums for such activities: Provided further, That
the Secretary is authorized to accept lands, buildings, equipment, and
other contributions from public and private sources and to prosecute
projects in cooperation with other agencies, Federal, State, or
private: Provided further, That the Mine Safety and Health
Administration is authorized to promote health and safety education and
training in the mining community through cooperative programs with
States, industry, and safety associations: Provided further, That the
Secretary is authorized to recognize the Joseph A. Holmes Safety
Association as a principal safety association and, notwithstanding any
other provision of law, may provide funds and, with or without
reimbursement, personnel, including service of Mine Safety and Health
Administration officials as officers in local chapters or in the
national organization: Provided further, That any funds available to
the Department of Labor may be used, with the approval of the
Secretary, to provide for the costs of mine rescue and survival
operations in the event of a major disaster.
Bureau of Labor Statistics
salaries and expenses
For necessary expenses for the Bureau of Labor Statistics,
including advances or reimbursements to State, Federal, and local
agencies and their employees for services rendered, $600,800,000
(reduced by $1,000,000) (increased by $1,000,000) (increased by $1)
(reduced by $1), together with not to exceed $65,000,000 which may be
expended from the Employment Security Administration account in the
Unemployment Trust Fund.
In addition, $10,000,000 to remain available until September 30,
2024, for costs associated with the physical move of the Bureau of
Labor Statistics' headquarters, including replication of space,
furniture, fixtures, equipment, and related costs, as well as
relocation of the data center to a shared facility.
Office of Disability Employment Policy
salaries and expenses
For necessary expenses for the Office of Disability Employment
Policy to provide leadership, develop policy and initiatives, and award
grants furthering the objective of eliminating barriers to the training
and employment of people with disabilities, $38,500,000.
Departmental Management
salaries and expenses
(including transfer of funds)
For necessary expenses for Departmental Management, including the
hire of three passenger motor vehicles, $382,631,000, together with not
to exceed $308,000, which may be expended from the Employment Security
Administration account in the Unemployment Trust Fund: Provided, That
$89,825,000 for the Bureau of International Labor Affairs shall be
available for obligation through December 31, 2020: Provided further,
That funds available to the Bureau of International Labor Affairs may
be used to administer or operate international labor activities,
bilateral and multilateral technical assistance, and microfinance
programs, by or through contracts, grants, subgrants and other
arrangements: Provided further, That not more than $53,825,000 shall be
for programs to combat exploitative child labor internationally and not
less than $36,000,000 shall be used to implement model programs that
address worker rights issues through technical assistance in countries
with which the United States has free trade agreements or trade
preference programs: Provided further, That $8,040,000 shall be used
for program evaluation and shall be available for obligation through
September 30, 2021: Provided further, That funds available for program
evaluation may be used to administer grants for the purpose of
evaluation: Provided further, That grants made for the purpose of
evaluation shall be awarded through fair and open competition: Provided
further, That funds available for program evaluation may be transferred
to any other appropriate account in the Department for such purpose:
Provided further, That the Committees on Appropriations of the House of
Representatives and the Senate are notified at least 15 days in advance
of any transfer: Provided further, That the funds available to the
Women's Bureau may be used for grants to serve and promote the
interests of women in the workforce: Provided further, That of the
amounts made available to the Women's Bureau, not less than $4,994,000
shall be used for grants authorized by the Women in Apprenticeship and
Nontraditional Occupations Act.
veterans employment and training
Not to exceed $256,341,000 may be derived from the Employment
Security Administration account in the Unemployment Trust Fund to carry
out the provisions of chapters 41, 42, and 43 of title 38, United
States Code, of which:
(1) $180,000,000 is for Jobs for Veterans State grants
under 38 U.S.C. 4102A(b)(5) to support disabled veterans'
outreach program specialists under section 4103A of such title
and local veterans' employment representatives under section
4104(b) of such title, and for the expenses described in
section 4102A(b)(5)(C), which shall be available for obligation
by the States through December 31, 2020, and not to exceed 3
percent for the necessary Federal expenditures for data systems
and contract support to allow for the tracking of participant
and performance information: Provided, That, in addition, such
funds may be used to support such specialists and
representatives in the provision of services to transitioning
members of the Armed Forces who have participated in the
Transition Assistance Program and have been identified as in
need of intensive services, to members of the Armed Forces who
are wounded, ill, or injured and receiving treatment in
military treatment facilities or warrior transition units, and
to the spouses or other family caregivers of such wounded, ill,
or injured members;
(2) $29,379,000 is for carrying out the Transition
Assistance Program under 38 U.S.C. 4113 and 10 U.S.C. 1144;
(3) $43,548,000 is for Federal administration of chapters
41, 42, and 43 of title 38, and sections 2021, 2021A and 2023
of title 38, United States Code: Provided, That, up to $500,000
may be used to carry out the Hire VETS Act (division O of
Public Law 115-31); and
(4) $3,414,000 is for the National Veterans' Employment and
Training Services Institute under 38 U.S.C. 4109:
Provided, That the Secretary may reallocate among the appropriations
provided under paragraphs (1) through (4) above an amount not to exceed
3 percent of the appropriation from which such reallocation is made.
In addition, from the General Fund of the Treasury, $60,000,000 is
for carrying out programs to assist homeless veterans and veterans at
risk of homelessness who are transitioning from certain institutions
under sections 2021, 2021A, and 2023 of title 38, United States Code:
Provided, That notwithstanding subsections (c)(3) and (d) of section
2023, the Secretary may award grants through September 30, 2020, to
provide services under such section: Provided further, That services
provided under sections 2021 or under 2021A may include, in addition to
services to homeless veterans described in section 2002(a)(1), services
to veterans who were homeless at some point within the 60 days prior to
program entry or veterans who are at risk of homelessness within the
next 60 days, and that services provided under section 2023 may
include, in addition to services to the individuals described in
subsection (e) of such section, services to veterans recently released
from incarceration who are at risk of homelessness: Provided further,
That notwithstanding paragraph (3) under this heading, funds
appropriated in this paragraph may be used for data systems and
contract support to allow for the tracking of participant and
performance information: Provided further, That notwithstanding
sections 2021(e)(2) and 2021A(f)(2) of title 38, United States Code,
such funds shall be available for expenditure pursuant to 31 U.S.C.
1553.
In addition, fees may be assessed and deposited in the HIRE Vets
Medallion Award Fund pursuant to section 5(b) of the HIRE Vets Act, and
such amounts shall be available to the Secretary to carry out the HIRE
Vets Medallion Award Program, as authorized by such Act, and shall
remain available until expended: Provided, That such sums shall be in
addition to any other funds available for such purposes, including
funds available under paragraph (3) of this heading: Provided further,
That section 2(d) of division O of the Consolidated Appropriations Act,
2017 (Public Law 115-31; 38 U.S.C. 4100 note) shall not apply.
information technology modernization
For necessary expenses for Department of Labor centralized
infrastructure technology investment activities related to support
systems and modernization, $37,000,000, which shall be available
through September 30, 2021.
office of inspector general
For salaries and expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$90,461,000, together with not to exceed $5,660,000 which may be
expended from the Employment Security Administration account in the
Unemployment Trust Fund.
General Provisions
Sec. 101. None of the funds appropriated by this Act for the Job
Corps shall be used to pay the salary and bonuses of an individual,
either as direct costs or any proration as an indirect cost, at a rate
in excess of Executive Level II.
(transfer of funds)
Sec. 102. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control Act of
1985) which are appropriated for the current fiscal year for the
Department of Labor in this Act may be transferred between a program,
project, or activity, but no such program, project, or activity shall
be increased by more than 3 percent by any such transfer: Provided,
That the transfer authority granted by this section shall be available
only to meet emergency needs and shall not be used to create any new
program or to fund any project or activity for which no funds are
provided in this Act: Provided further, That the Committees on
Appropriations of the House of Representatives and the Senate are
notified at least 15 days in advance of any transfer.
Sec. 103. In accordance with Executive Order No. 13126, none of
the funds appropriated or otherwise made available pursuant to this Act
shall be obligated or expended for the procurement of goods mined,
produced, manufactured, or harvested or services rendered, in whole or
in part, by forced or indentured child labor in industries and host
countries already identified by the United States Department of Labor
prior to enactment of this Act.
Sec. 104. Except as otherwise provided in this section, none of
the funds made available to the Department of Labor for grants under
section 414(c) of the American Competitiveness and Workforce
Improvement Act of 1998 (29 U.S.C. 2916a) may be used for any purpose
other than competitive grants for training individuals who are older
than 16 years of age and are not currently enrolled in school within a
local educational agency in the occupations and industries for which
employers are using H-1B visas to hire foreign workers, and the related
activities necessary to support such training.
Sec. 105. None of the funds made available by this Act under the
heading ``Employment and Training Administration'' shall be used by a
recipient or subrecipient of such funds to pay the salary and bonuses
of an individual, either as direct costs or indirect costs, at a rate
in excess of Executive Level II. This limitation shall not apply to
vendors providing goods and services as defined in Office of Management
and Budget Circular A-133. Where States are recipients of such funds,
States may establish a lower limit for salaries and bonuses of those
receiving salaries and bonuses from subrecipients of such funds, taking
into account factors including the relative cost-of-living in the
State, the compensation levels for comparable State or local government
employees, and the size of the organizations that administer Federal
programs involved including Employment and Training Administration
programs.
(transfer of funds)
Sec. 106. (a) Notwithstanding section 102, the Secretary may
transfer funds made available to the Employment and Training
Administration by this Act, either directly or through a set-aside, for
technical assistance services to grantees to ``Program Administration''
when it is determined that those services will be more efficiently
performed by Federal employees: Provided, That this section shall not
apply to section 171 of the WIOA.
(b) Notwithstanding section 102, the Secretary may transfer not
more than 0.5 percent of each discretionary appropriation made
available to the Employment and Training Administration by this Act to
``Program Administration'' in order to carry out program integrity
activities relating to any of the programs or activities that are
funded under any such discretionary appropriations: Provided, That
notwithstanding section 102 and the preceding proviso, the Secretary
may transfer not more than 0.5 percent of funds made available in
paragraphs (1) and (2) of the ``Office of Job Corps'' account to
paragraph (3) of such account to carry out program integrity activities
related to the Job Corps program: Provided further, That funds
transferred under the authority provided by this subsection shall be
available for obligation through September 30, 2021.
(transfer of funds)
Sec. 107. (a) The Secretary may reserve not more than 0.75 percent
from each appropriation made available in this Act identified in
subsection (b) in order to carry out evaluations of any of the programs
or activities that are funded under such accounts. Any funds reserved
under this section shall be transferred to ``Departmental Management''
for use by the Office of the Chief Evaluation Officer within the
Department of Labor, and shall be available for obligation through
September 30, 2021: Provided, That such funds shall only be available
if the Chief Evaluation Officer of the Department of Labor submits a
plan to the Committees on Appropriations of the House of
Representatives and the Senate describing the evaluations to be carried
out 15 days in advance of any transfer.
(b) The accounts referred to in subsection (a) are: ``Training and
Employment Services'', ``Job Corps'', ``Community Service Employment
for Older Americans'', ``State Unemployment Insurance and Employment
Service Operations'', ``Employee Benefits Security Administration'',
``Office of Workers' Compensation Programs'', ``Wage and Hour
Division'', ``Office of Federal Contract Compliance Programs'',
``Office of Labor Management Standards'', ``Occupational Safety and
Health Administration'', ``Mine Safety and Health Administration'',
``Office of Disability Employment Policy'', funding made available to
the ``Bureau of International Labor Affairs'' and ``Women's Bureau''
within the ``Departmental Management, Salaries and Expenses'' account,
and ``Veterans Employment and Training''.
Sec. 108. Notwithstanding any other provision of law, the
Secretary may furnish through grants, cooperative agreements,
contracts, and other arrangements, up to $2,000,000 of excess personal
property, at a value determined by the Secretary, to apprenticeship
programs for the purpose of training apprentices in those programs.
Sec. 109. Funds made available in prior Acts under the heading
``Department of Labor--Employment and Training Administration--State
Unemployment Insurance and Employment Service Operations'' for fiscal
years 2015 through 2019 for automation acquisitions that are being
carried out through consortia of States shall be available for
expenditure for 6 fiscal years after the final fiscal year that such
funds are available to incur new obligations.
Sec. 110. (a) The Act entitled ``An Act to create a Department of
Labor'', approved March 4, 1913 (37 Stat. 736, chapter 141) shall be
applied as if the following text is part of such Act:
``(a) In General.--The Secretary of Labor is authorized to employ
law enforcement officers or special agents to--
``(1) provide protection for the Secretary of Labor during
the workday of the Secretary and during any activity that is
preliminary or postliminary to the performance of official
duties by the Secretary;
``(2) provide protection, incidental to the protection
provided to the Secretary, to a member of the immediate family
of the Secretary who is participating in an activity or event
relating to the official duties of the Secretary;
``(3) provide continuous protection to the Secretary
(including during periods not described in paragraph (1)) and
to the members of the immediate family of the Secretary if
there is a unique and articulable threat of physical harm, in
accordance with guidelines established by the Secretary; and
``(4) provide protection to the Deputy Secretary of Labor
or another senior officer representing the Secretary of Labor
at a public event if there is a unique and articulable threat
of physical harm, in accordance with guidelines established by
the Secretary.
``(b) Authorities.--The Secretary of Labor may authorize a law
enforcement officer or special agent employed under subsection (a), for
the purpose of performing the duties authorized under subsection (a),
to--
``(1) carry firearms;
``(2) make arrests without a warrant for any offense
against the United States committed in the presence of such
officer or special agent;
``(3) perform protective intelligence work, including
identifying and mitigating potential threats and conducting
advance work to review security matters relating to sites and
events;
``(4) coordinate with local law enforcement agencies; and
``(5) initiate criminal and other investigations into
potential threats to the security of the Secretary, in
coordination with the Inspector General of the Department of
Labor.
``(c) Compliance With Guidelines.--A law enforcement officer or
special agent employed under subsection (a) shall exercise any
authority provided under this section in accordance with any--
``(1) guidelines issued by the Attorney General; and
``(2) guidelines prescribed by the Secretary of Labor.''.
(b) This section shall be effective on the date of enactment of
this Act.
Sec. 111. The Secretary is authorized to dispose of or divest, by
any means the Secretary determines appropriate, including an agreement
or partnership to construct a new Job Corps center, all or a portion of
the real property on which the Treasure Island Job Corps Center is
situated. Any sale or other disposition will not be subject to any
requirement of any Federal law or regulation relating to the
disposition of Federal real property, including but not limited to
subchapter III of chapter 5 of title 40 of the United States Code and
subchapter V of chapter 119 of title 42 of the United States Code. The
net proceeds of such a sale shall be transferred to the Secretary,
which shall be available until expended to carry out the Job Corps
Program on Treasure Island.
Sec. 112. Notwithstanding the Federal Assets Sale and Transfer Act
of 2016 (Public Law 114-287), the proceeds from the sale of any Job
Corps facility under such Act shall be transferred to the Secretary
pursuant to section 158(g) of the WIOA.
This title may be cited as the ``Department of Labor Appropriations
Act, 2020''.
TITLE II
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Health Resources and Services Administration
primary health care
For carrying out titles II and III of the Public Health Service Act
(referred to in this Act as the ``PHS Act'') with respect to primary
health care and the Native Hawaiian Health Care Act of 1988,
$1,676,522,000 (increased by $5,000,000): Provided, That no more than
$1,000,000 shall be available until expended for carrying out the
provisions of section 224(o) of the PHS Act: Provided further, That no
more than $120,000,000 shall be available until expended for carrying
out subsections (g) through (n) and (q) of section 224 of the PHS Act,
and for expenses incurred by the Department of Health and Human
Services (referred to in this Act as ``HHS'') pertaining to
administrative claims made under such law.
health workforce
For carrying out titles III, VII, and VIII of the PHS Act with
respect to the health workforce, sections 1128E and 1921 of the Social
Security Act, and the Health Care Quality Improvement Act of 1986,
$1,244,942,000 (reduced by $1) (increased by $1) (increased by
$5,000,000): Provided, That sections 751(j)(2) and 762(k) of the PHS
Act and the proportional funding amounts in paragraphs (1) through (4)
of section 756(f) of the PHS Act shall not apply to funds made
available under this heading: Provided further, That for any program
operating under section 751 of the PHS Act on or before January 1,
2009, the Secretary of Health and Human Services (referred to in this
title as the ``Secretary'') may hereafter waive any of the requirements
contained in sections 751(d)(2)(A) and 751(d)(2)(B) of such Act for the
full project period of a grant under such section: Provided further,
That no funds shall be available for section 340G-1 of the PHS Act:
Provided further, That fees collected for the disclosure of information
under section 427(b) of the Health Care Quality Improvement Act of 1986
and sections 1128E(d)(2) and 1921 of the Social Security Act shall be
sufficient to recover the full costs of operating the programs
authorized by such sections and shall remain available until expended
for the National Practitioner Data Bank: Provided further, That funds
transferred to this account to carry out section 846 and subpart 3 of
part D of title III of the PHS Act may be used to make prior year
adjustments to awards made under such section and subpart: Provided
further, That $120,000,000 shall remain available until expended for
the purposes of providing primary health services, assigning National
Health Service Corps (``NHSC'') members to expand the delivery of
substance use disorder treatment services, notwithstanding the
assignment priorities and limitations under sections 333(a)(1)(D),
333(b), and 333A(a)(1)(B)(ii) of the PHS Act, and making payments under
the NHSC Loan Repayment Program under section 338B of such Act:
Provided further, That, within the amount made available in the
previous proviso, $15,000,000 shall remain available until expended for
the purposes of making payments under the NHSC Loan Repayment Program
under section 338B of the PHS Act to individuals participating in such
program who provide primary health services in Indian Health Service
facilities, Tribally-Operated 638 Health Programs, and Urban Indian
Health Programs (as those terms are defined by the Secretary),
notwithstanding the assignment priorities and limitations under section
333(b) of such Act: Provided further, That for purposes of the previous
two provisos, section 331(a)(3)(D) of the PHS Act shall be applied as
if the term ``primary health services'' includes clinical substance use
disorder treatment services, including those provided by masters level,
licensed substance use disorder treatment counselors: Provided further,
That of the funds made available under this heading, $20,000,000 shall
be available to make grants to establish or expand optional community-
based nurse practitioner fellowship programs that are accredited or in
the accreditation process, with a preference for those in Federally
Qualified Health Centers, for practicing postgraduate nurse
practitioners in primary care or behavioral health.
Of the funds made available under this heading, $40,000,000 shall
remain available until expended for grants to public institutions of
higher education to expand or support graduate education for physicians
provided by such institutions: Provided, That, in awarding such grants,
the Secretary shall give priority to public institutions of higher
education located in States with a projected primary care provider
shortage in 2025, as determined by the Secretary: Provided further,
That grants so awarded are limited to such public institutions of
higher education in States in the top quintile of States with a
projected primary care provider shortage in 2025, as determined by the
Secretary: Provided further, That the minimum amount of a grant so
awarded to such an institution shall be not less than $1,000,000 per
year: Provided further, That such a grant may be awarded for a period
not to exceed 5 years: Provided further, That such a grant awarded with
respect to a year to such an institution shall be subject to a matching
requirement of non-Federal funds in an amount that is not less than 10
percent of the total amount of Federal funds provided in the grant to
such institution with respect to such year.
maternal and child health
For carrying out titles III, XI, XII, and XIX of the PHS Act with
respect to maternal and child health, title V of the Social Security
Act, $972,751,000 (increased by $7,000,000): Provided, That
notwithstanding sections 502(a)(1) and 502(b)(1) of the Social Security
Act, not more than $119,593,000 (increased by $7,000,000) shall be
available for carrying out special projects of regional and national
significance pursuant to section 501(a)(2) of such Act and $10,276,000
shall be available for projects described in subparagraphs (A) through
(F) of section 501(a)(3) of such Act.
ryan white hiv/aids program
For carrying out title XXVI of the PHS Act with respect to the Ryan
White HIV/AIDS program, $2,435,157,000, of which $2,009,200,000 shall
remain available to the Secretary through September 30, 2022, for parts
A and B of title XXVI of the PHS Act, and of which not less than
$912,017,000 shall be for State AIDS Drug Assistance Programs under the
authority of section 2616 or 311(c) of such Act: Provided, That of the
funds made available under this heading, $175,000,000 shall be for the
Minority AIDS Initiative under section 2693 of such Act, of which
$56,664,000 shall be allocated under subsection (b)(2)(A) of such
section and $74,376,000 shall be allocated under subsection (b)(2)(C)
of such section: Provided further, That of the funds made available
under this heading, $70,000,000, to remain available until expended,
shall be available to the Secretary for carrying out a program of
grants and contracts under title XXVI or section 311(c) of such Act
focused on ending the nationwide HIV/AIDS epidemic, with any grants
issued under such section 311(c) administered in conjunction with title
XXVI of the PHS Act, including the limitation on administrative
expenses.
health care systems
For carrying out titles III and XII of the PHS Act with respect to
health care systems, and the Stem Cell Therapeutic and Research Act of
2005, $123,693,000, of which $122,000 shall be available until expended
for facilities renovations at the Gillis W. Long Hansen's Disease
Center.
rural health
For carrying out titles III and IV of the PHS Act with respect to
rural health, section 427(a) of the Federal Coal Mine Health and Safety
Act of 1969, and sections 711 and 1820 of the Social Security Act,
$317,794,000 (increased by $1,000,000), of which $59,000,000 from
general revenues, notwithstanding section 1820(j) of the Social
Security Act, shall be available for carrying out the Medicare rural
hospital flexibility grants program: Provided, That of the funds made
available under this heading for Medicare rural hospital flexibility
grants, $19,942,000 shall be available for the Small Rural Hospital
Improvement Grant Program for quality improvement and adoption of
health information technology and up to $1,000,000 shall be to carry
out section 1820(g)(6) of the Social Security Act, with funds provided
for grants under section 1820(g)(6) available for the purchase and
implementation of telehealth services, including pilots and
demonstrations on the use of electronic health records to coordinate
rural veterans care between rural providers and the Department of
Veterans Affairs electronic health record system: Provided further,
That notwithstanding section 338J(k) of the PHS Act, $12,500,000 shall
be available for State Offices of Rural Health: Provided further, That
$10,000,000 shall remain available through September 30, 2022, to
support the Rural Residency Development Program.
family planning
For carrying out the program under title X of the PHS Act to
provide for voluntary family planning projects, $400,000,000: Provided,
That the Secretary shall carry out section 1001 of the PHS Act solely
in accordance with any regulations or other conditions or instructions
established by the Secretary pursuant to the authority under section
1006 of the PHS Act that applied as of January 18, 2017, to grants and
contracts awarded under section 1001 of the PHS Act: Provided further,
That amounts provided to said projects under such title shall not be
expended for abortions, that all pregnancy counseling shall be
nondirective, and that such amounts shall not be expended for any
activity (including the publication or distribution of literature) that
in any way tends to promote public support or opposition to any
legislative proposal or candidate for public office.
program management
For program support in the Health Resources and Services
Administration, $155,250,000 (reduced by $7,000,000) (reduced by
$1,000,000) (increased by $1,000,000) (increased by $1,000,000):
Provided, That funds made available under this heading may be used to
supplement program support funding provided under the headings
``Primary Health Care'', ``Health Workforce'', ``Maternal and Child
Health'', ``Ryan White HIV/AIDS Program'', ``Health Care Systems'', and
``Rural Health''.
vaccine injury compensation program trust fund
For payments from the Vaccine Injury Compensation Program Trust
Fund (the ``Trust Fund''), such sums as may be necessary for claims
associated with vaccine-related injury or death with respect to
vaccines administered after September 30, 1988, pursuant to subtitle 2
of title XXI of the PHS Act, to remain available until expended:
Provided, That for necessary administrative expenses, not to exceed
$11,200,000 shall be available from the Trust Fund to the Secretary.
Centers for Disease Control and Prevention
immunization and respiratory diseases
For carrying out titles II, III, XVII, and XXI, and section 2821 of
the PHS Act, titles II and IV of the Immigration and Nationality Act,
and section 501 of the Refugee Education Assistance Act, with respect
to immunization and respiratory diseases, $499,758,000.
hiv/aids, viral hepatitis, sexually transmitted diseases, and
tuberculosis prevention
For carrying out titles II, III, XVII, and XXIII of the PHS Act
with respect to HIV/AIDS, viral hepatitis, sexually transmitted
diseases, and tuberculosis prevention, $1,335,197,000 (increased by
$15,000,000).
emerging and zoonotic infectious diseases
For carrying out titles II, III, and XVII, and section 2821 of the
PHS Act, titles II and IV of the Immigration and Nationality Act, and
section 501 of the Refugee Education Assistance Act, with respect to
emerging and zoonotic infectious diseases, $592,622,000 (increased by
$1,000,000) (increased by $1,000,000): Provided, That of the funds
made available under this heading to pay for the transportation,
medical care, treatment, and other related costs of persons quarantined
or isolated under Federal or State quarantine law, up to $1,000,000
shall remain available until expended.
chronic disease prevention and health promotion
For carrying out titles II, III, XI, XV, XVII, and XIX of the PHS
Act with respect to chronic disease prevention and health promotion,
$1,080,121,000 (increased by $500,000) (increased by $3,000,000):
Provided, That funds made available under this heading may be available
for making grants under section 1509 of the PHS Act for not less than
21 States, tribes, or tribal organizations: Provided further, That of
the funds made available under this heading, $15,000,000 shall be
available to continue and expand community specific extension and
outreach programs to combat obesity in counties with the highest levels
of obesity: Provided further, That the proportional funding
requirements under section 1503(a) of the PHS Act shall not apply to
funds made available under this heading.
birth defects, developmental disabilities, disabilities and health
For carrying out titles II, III, XI, and XVII of the PHS Act with
respect to birth defects, developmental disabilities, disabilities and
health, $161,560,000 (increased by $2,000,000) (increased by
$2,000,000).
public health scientific services
For carrying out titles II, III, and XVII of the PHS Act with
respect to health statistics, surveillance, health informatics, and
workforce development, $603,897,000.
environmental health
For carrying out titles II, III, and XVII of the PHS Act with
respect to environmental health, $226,350,000.
injury prevention and control
For carrying out titles II, III, and XVII of the PHS Act with
respect to injury prevention and control, $697,559,000 (increased by
$4,500,000) (increased by $5,570,000) (reduced by $5,000,000)
(increased by $5,000,000) (increased by $2,000,000), of which
$25,000,000 is provided for firearm injury and mortality prevention
research.
national institute for occupational safety and health
For carrying out titles II, III, and XVII of the PHS Act, sections
101, 102, 103, 201, 202, 203, 301, and 501 of the Federal Mine Safety
and Health Act, section 13 of the Mine Improvement and New Emergency
Response Act, and sections 20, 21, and 22 of the Occupational Safety
and Health Act, with respect to occupational safety and health,
$346,300,000 (increased by $900,000).
energy employees occupational illness compensation program
For necessary expenses to administer the Energy Employees
Occupational Illness Compensation Program Act, $55,358,000, to remain
available until expended: Provided, That this amount shall be available
consistent with the provision regarding administrative expenses in
section 151(b) of division B, title I of Public Law 106-554.
global health
For carrying out titles II, III, and XVII of the PHS Act with
respect to global health, $523,621,000, of which: (1) $128,421,000
shall remain available through September 30, 2021, for international
HIV/AIDS; and (2) $99,762,000 shall be available for global public
health protection: Provided, That funds may be used for purchase and
insurance of official motor vehicles in foreign countries.
public health preparedness and response
For carrying out titles II, III, and XVII of the PHS Act with
respect to public health preparedness and response, and for expenses
necessary to support activities related to countering potential
biological, nuclear, radiological, and chemical threats to civilian
populations, $880,200,000: Provided, That the Director of the Centers
for Disease Control and Prevention (referred to in this title as
``CDC'') or the Administrator of the Agency for Toxic Substances and
Disease Registry may detail staff without reimbursement for up to 180
days to support an activation of the CDC Emergency Operations Center,
so long as the Director or Administrator, as applicable, provides a
notice to the Committees on Appropriations of the House of
Representatives and the Senate within 15 days of the use of this
authority and a full report within 30 days after use of this authority
which includes the number of staff and funding level broken down by the
originating center and number of days detailed.
buildings and facilities
(including transfer of funds)
For acquisition of real property, equipment, construction,
installation, demolition, and renovation of facilities, $30,000,000,
which shall remain available until September 30, 2024: Provided, That
in addition to the amount provided, for a new CDC research support
building and all related material handling, utility, transportation,
and personnel support infrastructure at the Chamblee campus, including
necessary acquisition of real property, equipment, construction,
demolition, installation, activation, renovation, and improvements,
$225,000,000, which shall be derived by transfer from the Fund
established by Public Law 110-161, division G, title II, section 223
and shall remain available until September 30, 2024: Provided further,
That funds previously set aside by CDC for repair and upgrade of the
Lake Lynn Experimental Mine and Laboratory shall be used to acquire a
replacement mine safety research facility: Provided further, That in
addition, the prior year unobligated balance of any amounts assigned to
former employees in accounts of CDC made available for Individual
Learning Accounts shall be credited to and merged with the amounts made
available under this heading to support the replacement of the mine
safety research facility.
cdc-wide activities and program support
(including transfer of funds)
For carrying out titles II, III, XVII and XIX, and section 2821 of
the PHS Act and for cross-cutting activities and program support for
activities funded in other appropriations included in this Act for the
Centers for Disease Control and Prevention, $163,570,000 (reduced by
$500,000), of which up to $10,000,000 (reduced by $500,000) may be
transferred to the reserve of the Working Capital Fund authorized under
this heading in division F of Public Law 112-74: Provided, That
paragraphs (1) through (3) of subsection (b) of section 2821 of the PHS
Act shall not apply to funds appropriated under this heading and in all
other accounts of the CDC: Provided further, That of the amounts made
available under this heading, $50,000,000 shall be transferred to and
merged with the Infectious Diseases Rapid Response Reserve Fund
established by section 231 of division B of Public Law 115-245:
Provided further, That any funds made available by this Act to the
Centers for Disease Control and Prevention may be used to support the
purchase, hire, maintenance, and operation of an aircraft for use and
support of the activities of CDC: Provided further, That employees of
CDC or the Public Health Service, both civilian and commissioned
officers, detailed to States, municipalities, or other organizations
under authority of section 214 of the PHS Act, or in overseas
assignments, shall be treated as non-Federal employees for reporting
purposes only and shall not be included within any personnel ceiling
applicable to the Agency, Service, or HHS during the period of detail
or assignment: Provided further, That CDC may use up to $10,000 from
amounts appropriated to CDC in this Act for official reception and
representation expenses when specifically approved by the Director of
CDC: Provided further, That in addition, such sums as may be derived
from authorized user fees, which shall be credited to the appropriation
charged with the cost thereof: Provided further, That with respect to
the previous proviso, authorized user fees from the Vessel Sanitation
Program and the Respirator Certification Program shall be available
through September 30, 2021.
National Institutes of Health
national cancer institute
For carrying out section 301 and title IV of the PHS Act with
respect to cancer, $6,249,165,000 (reduced by $1,000,000) (increased by
$1,000,000), of which up to $30,000,000 may be used for facilities
repairs and improvements at the National Cancer Institute--Frederick
Federally Funded Research and Development Center in Frederick,
Maryland.
national heart, lung, and blood institute
For carrying out section 301 and title IV of the PHS Act with
respect to cardiovascular, lung, and blood diseases, and blood and
blood products, $3,658,822,000.
national institute of dental and craniofacial research
For carrying out section 301 and title IV of the PHS Act with
respect to dental and craniofacial diseases, $484,350,000.
national institute of diabetes and digestive and kidney diseases
For carrying out section 301 and title IV of the PHS Act with
respect to diabetes and digestive and kidney disease, $2,129,027,000
(reduced by $10,000,000) (increased by $10,000,000).
national institute of neurological disorders and stroke
For carrying out section 301 and title IV of the PHS Act with
respect to neurological disorders and stroke, $2,315,571,000.
national institute of allergy and infectious diseases
For carrying out section 301 and title IV of the PHS Act with
respect to allergy and infectious diseases, $5,808,268,000 (increased
by $3,000,000).
national institute of general medical sciences
For carrying out section 301 and title IV of the PHS Act with
respect to general medical sciences, $3,033,183,000, of which
$1,146,821,000 shall be from funds available under section 241 of the
PHS Act: Provided, That not less than $381,573,000 is provided for the
Institutional Development Awards program.
eunice kennedy shriver national institute of child health and human
development
For carrying out section 301 and title IV of the PHS Act with
respect to child health and human development, $1,580,084,000.
national eye institute
For carrying out section 301 and title IV of the PHS Act with
respect to eye diseases and visual disorders, $835,465,000.
national institute of environmental health sciences
For carrying out section 301 and title IV of the PHS Act with
respect to environmental health sciences, $812,570,000 (reduced by
$6,250,000) (increased by $6,250,000).
national institute on aging
For carrying out section 301 and title IV of the PHS Act with
respect to aging, $3,286,107,000 (increased by $70,000,000).
national institute of arthritis and musculoskeletal and skin diseases
For carrying out section 301 and title IV of the PHS Act with
respect to arthritis and musculoskeletal and skin diseases,
$634,637,000.
national institute on deafness and other communication disorders
For carrying out section 301 and title IV of the PHS Act with
respect to deafness and other communication disorders, $497,590,000.
national institute of nursing research
For carrying out section 301 and title IV of the PHS Act with
respect to nursing research, $170,958,000.
national institute on alcohol abuse and alcoholism
For carrying out section 301 and title IV of the PHS Act with
respect to alcohol abuse and alcoholism, $551,278,000.
national institute on drug abuse
For carrying out section 301 and title IV of the PHS Act with
respect to drug abuse, $1,489,237,000.
national institute of mental health
For carrying out section 301 and title IV of the PHS Act with
respect to mental health, $1,891,704,000.
national human genome research institute
For carrying out section 301 and title IV of the PHS Act with
respect to human genome research, $603,710,000.
national institute of biomedical imaging and bioengineering
For carrying out section 301 and title IV of the PHS Act with
respect to biomedical imaging and bioengineering research,
$408,498,000.
national center for complementary and integrative health
For carrying out section 301 and title IV of the PHS Act with
respect to complementary and integrative health, $153,632,000.
national institute on minority health and health disparities
For carrying out section 301 and title IV of the PHS Act with
respect to minority health and health disparities research,
$341,244,000.
john e. fogarty international center
For carrying out the activities of the John E. Fogarty
International Center (described in subpart 2 of part E of title IV of
the PHS Act), $84,926,000.
national library of medicine
For carrying out section 301 and title IV of the PHS Act with
respect to health information communications, $463,599,000: Provided,
That of the amounts available for improvement of information systems,
$4,000,000 shall be available until September 30, 2021: Provided
further, That in fiscal year 2020, the National Library of Medicine may
enter into personal services contracts for the provision of services in
facilities owned, operated, or constructed under the jurisdiction of
the National Institutes of Health (referred to in this title as
``NIH'').
national center for advancing translational sciences
For carrying out section 301 and title IV of the PHS Act with
respect to translational sciences, $845,783,000: Provided, That up to
$80,000,000 shall be available to implement section 480 of the PHS Act,
relating to the Cures Acceleration Network.
office of the director
For carrying out the responsibilities of the Office of the
Director, NIH, $2,049,992,000 (reduced by $3,000,000): Provided, That
funding shall be available for the purchase of not to exceed 29
passenger motor vehicles for replacement only: Provided further, That
all funds credited to the NIH Management Fund shall remain available
for 1 fiscal year after the fiscal year in which they are deposited:
Provided further, That $165,000,000 shall be for the Environmental
Influences on Child Health Outcomes study: Provided further, That
$617,761,000 shall be available for the Common Fund established under
section 402A(c)(1) of the PHS Act: Provided further, That of the funds
provided, $10,000 shall be for official reception and representation
expenses when specifically approved by the Director of the NIH:
Provided further, That the Office of AIDS Research within the Office of
the Director of the NIH may spend up to $8,000,000 to make grants for
construction or renovation of facilities as provided for in section
2354(a)(5)(B) of the PHS Act: Provided further, That $25,000,000 shall
be used to carry out section 404I of the PHS Act (42 U.S.C. 283K),
relating to biomedical and behavioral research facilities.
In addition to other funds appropriated for the Common Fund
established under section 402A(c) of the PHS Act, $12,600,000 is
appropriated to the Common Fund from the 10-year Pediatric Research
Initiative Fund described in section 9008 of title 26, United States
Code, for the purpose of carrying out section 402(b)(7)(B)(ii) of the
PHS Act (relating to pediatric research), as authorized in the
Gabriella Miller Kids First Research Act.
buildings and facilities
For the study of, construction of, demolition of, renovation of,
and acquisition of equipment for, facilities of or used by NIH,
including the acquisition of real property, $200,000,000, to remain
available through September 30, 2024.
nih innovation account, cures act
(including transfer of funds)
For necessary expenses to carry out the purposes described in
section 1001(b)(4) of the 21st Century Cures Act, in addition to
amounts available for such purposes in the appropriations provided to
the NIH in this Act, $492,000,000, to remain available until expended:
Provided, That such amounts are appropriated pursuant to section
1001(b)(3) of such Act, are to be derived from amounts transferred
under section 1001(b)(2)(A) of such Act, and may be transferred by the
Director of the National Institutes of Health to other accounts of the
National Institutes of Health solely for the purposes provided in such
Act: Provided further, That upon a determination by the Director that
funds transferred pursuant to the previous proviso are not necessary
for the purposes provided, such amounts may be transferred back to the
Account: Provided further, That the transfer authority provided under
this heading is in addition to any other transfer authority provided by
law.
Substance Abuse and Mental Health Services Administration
mental health
For carrying out titles III, V, and XIX of the PHS Act with respect
to mental health, the Protection and Advocacy for Individuals with
Mental Illness Act, and section 224 of the Protecting Access to
Medicare Act of 2014, $1,622,974,000 (increased by $5,000,000) (reduced
by $5,000,000) (increased by $6,500,000) (reduced by $1) (increased by
$1) (reduced by $500,000) (increased by $500,000) (increased by
$2,000,000): Provided, That of the funds made available under this
heading, $70,887,000 shall be for the National Child Traumatic Stress
Initiative: Provided further, That notwithstanding section 520A(f)(2)
of the PHS Act, no funds appropriated for carrying out section 520A
shall be available for carrying out section 1971 of the PHS Act:
Provided further, That in addition to amounts provided herein,
$21,039,000 shall be available under section 241 of the PHS Act to
supplement funds otherwise available for mental health activities and
to carry out subpart I of part B of title XIX of the PHS Act to fund
section 1920(b) technical assistance, national data, data collection
and evaluation activities, and further that the total available under
this Act for section 1920(b) activities shall not exceed 5 percent of
the amounts appropriated for subpart I of part B of title XIX: Provided
further, That up to 10 percent of the amounts made available to carry
out the Children's Mental Health Services program may be used to carry
out demonstration grants or contracts for early interventions with
persons not more than 25 years of age at clinical high risk of
developing a first episode of psychosis: Provided further, That section
520E(b)(2) of the PHS Act shall not apply to funds appropriated in this
Act for fiscal year 2020: Provided further, That of the total amount
each State receives for carrying out section 1911 of the PHS Act, the
State shall expend at least 10 percent of such total amount to support
evidence-based programs that address the needs of individuals with
early serious mental illness, including psychotic disorders, regardless
of the age at onset, and shall expend at least 5 percent of such total
amount for evidence-based crisis care programs addressing the needs of
individuals with serious mental illnesses and children with serious
mental and emotional disturbances: Provided further, That $150,000,000
shall be available until September 30, 2022, for grants to communities
and community organizations who meet criteria for Certified Community
Behavioral Health Clinics pursuant to section 223(a) of Public Law 113-
93: Provided further, That none of the funds provided for section 1911
of the PHS Act shall be subject to section 241 of such Act.
substance abuse treatment
For carrying out titles III and V of the PHS Act with respect to
substance abuse treatment, title XIX of such Act with respect to
substance abuse treatment and prevention, and section 3203 of the
Support for Patients and Communities Act, $3,761,056,000 (increased by
$1) (reduced by $1) (increased by $10,000,000) (increased by
$1,000,000) (increased by $20,000,000): Provided, That $1,500,000,000
shall be for State Opioid Response Grants for carrying out activities
pertaining to opioids undertaken by the State agency responsible for
administering the substance abuse prevention and treatment block grant
under subpart II of part B of title XIX of the PHS Act (42 U.S.C. 300x-
21 et seq.): Provided further, That of such amount $50,000,000 shall be
made available to Indian Tribes or tribal organizations: Provided
further, That 15 percent of the remaining amount shall be for the
States with the highest mortality rate related to opioid use disorders:
Provided further, That of the amounts provided for State Opioid
Response Grants not more than 2 percent shall be available for Federal
administrative expenses, training, technical assistance, and
evaluation: Provided further, That of the amount not reserved by the
previous three provisos, the Secretary shall make allocations to
States, territories, and the District of Columbia according to a
formula using national survey results that the Secretary determines are
the most objective and reliable measure of drug use and drug-related
deaths: Provided further, That the Secretary shall submit the formula
methodology to the Committees on Appropriations of the House of
Representatives and the Senate not less than 15 days prior to
publishing a Funding Opportunity Announcement: Provided further, That
prevention and treatment activities funded through such grants may
include education, treatment (including the provision of medication),
behavioral health services for individuals in treatment programs,
referral to treatment services, recovery support, and medical screening
associated with such treatment: Provided further, That each State, as
well as the District of Columbia, shall receive not less than
$4,000,000: Provided further, That in addition to amounts provided
herein, the following amounts shall be available under section 241 of
the PHS Act: (1) $79,200,000 to carry out subpart II of part B of title
XIX of the PHS Act to fund section 1935(b) technical assistance,
national data, data collection and evaluation activities, and further
that the total available under this Act for section 1935(b) activities
shall not exceed 5 percent of the amounts appropriated for subpart II
of part B of title XIX; and (2) $2,000,000 to evaluate substance abuse
treatment programs: Provided further, That none of the funds provided
for section 1921 of the PHS Act or State Opioid Response Grants shall
be subject to section 241 of such Act: Provided further, That of the
amount made available under this heading and not reserved by the
preceding provisos, $10,000,000 shall be made available to carry out
section 7091 of the SUPPORT for Patients and Communities Act (Public
Law 115-271).
substance abuse prevention
For carrying out titles III and V of the PHS Act with respect to
substance abuse prevention, $212,469,000 (increased by $2,000,000).
health surveillance and program support
For program support and cross-cutting activities that supplement
activities funded under the headings ``Mental Health'', ``Substance
Abuse Treatment'', and ``Substance Abuse Prevention'' in carrying out
titles III, V, and XIX of the PHS Act and the Protection and Advocacy
for Individuals with Mental Illness Act in the Substance Abuse and
Mental Health Services Administration, $128,830,000 (reduced by
$10,000,000) (reduced by $1,000,000) (reduced by $6,500,000) (reduced
by $2,000,000) (increased by $19,500,000): Provided, That in addition
to amounts provided herein, $31,428,000 shall be available under
section 241 of the PHS Act to supplement funds available to carry out
national surveys on drug abuse and mental health, to collect and
analyze program data, and to conduct public awareness and technical
assistance activities: Provided further, That, in addition, fees may be
collected for the costs of publications, data, data tabulations, and
data analysis completed under title V of the PHS Act and provided to a
public or private entity upon request, which shall be credited to this
appropriation and shall remain available until expended for such
purposes: Provided further, That amounts made available in this Act for
carrying out section 501(o) of the PHS Act shall remain available
through September 30, 2021: Provided further, That funds made available
under this heading may be used to supplement program support funding
provided under the headings ``Mental Health'', ``Substance Abuse
Treatment'', and ``Substance Abuse Prevention''.
Agency for Healthcare Research and Quality
healthcare research and quality
For carrying out titles III and IX of the PHS Act, part A of title
XI of the Social Security Act, and section 1013 of the Medicare
Prescription Drug, Improvement, and Modernization Act of 2003,
$339,809,000: Provided, That in addition to amounts provided herein,
$18,408,000 shall be available from amounts available under section 241
of the PHS Act: Provided further, That section 947(c) of the PHS Act
shall not apply in fiscal year 2020: Provided further, That in
addition, amounts received from Freedom of Information Act fees,
reimbursable and interagency agreements, and the sale of data shall be
credited to this appropriation and shall remain available until
September 30, 2021.
Centers for Medicare and Medicaid Services
grants to states for medicaid
For carrying out, except as otherwise provided, titles XI and XIX
of the Social Security Act, $273,188,478,000, to remain available until
expended.
In addition, for carrying out such titles after May 31, 2020, for
the last quarter of fiscal year 2020 for unanticipated costs incurred
for the current fiscal year, such sums as may be necessary, to remain
available until expended.
In addition, for carrying out such titles for the first quarter of
fiscal year 2021, $139,903,075,000, to remain available until expended.
Payment under such title XIX may be made for any quarter with
respect to a State plan or plan amendment in effect during such
quarter, if submitted in or prior to such quarter and approved in that
or any subsequent quarter.
payments to the health care trust funds
For payment to the Federal Hospital Insurance Trust Fund and the
Federal Supplementary Medical Insurance Trust Fund, as provided under
sections 217(g), 1844, and 1860D-16 of the Social Security Act,
sections 103(c) and 111(d) of the Social Security Amendments of 1965,
section 278(d)(3) of Public Law 97-248, and for administrative expenses
incurred pursuant to section 201(g) of the Social Security Act,
$410,796,100,000.
In addition, for making matching payments under section 1844 and
benefit payments under section 1860D-16 of the Social Security Act that
were not anticipated in budget estimates, such sums as may be
necessary.
program management
For carrying out, except as otherwise provided, titles XI, XVIII,
XIX, and XXI of the Social Security Act, titles XIII and XXVII of the
PHS Act, the Clinical Laboratory Improvement Amendments of 1988, and
other responsibilities of the Centers for Medicare & Medicaid Services,
not to exceed $3,984,744,000 (reduced by $4,500,000) (reduced by
$5,000,000), to be transferred from the Federal Hospital Insurance
Trust Fund and the Federal Supplementary Medical Insurance Trust Fund,
as authorized by section 201(g) of the Social Security Act; together
with all funds collected in accordance with section 353 of the PHS Act
and section 1857(e)(2) of the Social Security Act, funds retained by
the Secretary pursuant to section 1893(h) of the Social Security Act,
and such sums as may be collected from authorized user fees and the
sale of data, which shall be credited to this account and remain
available until expended: Provided, That all funds derived in
accordance with 31 U.S.C. 9701 from organizations established under
title XIII of the PHS Act shall be credited to and available for
carrying out the purposes of this appropriation: Provided further, That
the Secretary is directed to collect fees in fiscal year 2020 from
Medicare Advantage organizations pursuant to section 1857(e)(2) of the
Social Security Act and from eligible organizations with risk-sharing
contracts under section 1876 of that Act pursuant to section
1876(k)(4)(D) of that Act: Provided further, That amounts available
under this heading for quality improvement organizations (as defined in
section 1152 of the Social Security Act) may not exceed the amount
provided under this heading in division H of the Consolidated
Appropriations Act, 2018 (Public Law 115-141) for such organizations.
In addition, the Secretary shall obligate not less than
$100,000,000 in fiscal year 2020 out of amounts collected through the
user fees on participating health insurance issuers pursuant to section
156.50 of title 45, Code of Federal Regulations (or any successor
regulations) to carry out the navigator program (as described in
section 1311(i) of the Patient Protection and Affordable Care Act (42
U.S.C. 18031(i)), and to carry out outreach and educational activities,
for purposes of informing potential enrollees in qualified health plans
(as defined in section 1301(a) of such Act (42 U.S.C. 18021(a)) offered
through an Exchange established or operated by the Secretary within a
State, of the availability of coverage under such plans and financial
assistance for coverage under such plans: Provided, That awards under
such program shall be based solely on an entity's demonstrated capacity
to carry out each of the duties specified in section 1311(i)(3) of such
Act: Provided further, That not less than $15,000,000 shall be
obligated for national television and not less than $15,000,000 shall
be obligated for internet search advertising for purposes of carrying
out such outreach and educational activities: Provider further, That
not less than $30,000,000 of the funds made available in this paragraph
shall be obligated for advertising during the final 2 weeks of the open
enrollment period specified by the Secretary pursuant to section
1311(c)(6)(B) of such Act occurring during 2019: Provided further, That
no amounts collected through such user fees shall be available for
expenditures for promoting health insurance coverage or a group health
plan (as such terms are defined in section 2791 of the PHS Act (42
U.S.C. 300gg-91)) that is not a qualified health plan.
health care fraud and abuse control account
In addition to amounts otherwise available for program integrity
and program management, $786,000,000, to remain available through
September 30, 2021, to be transferred from the Federal Hospital
Insurance Trust Fund and the Federal Supplementary Medical Insurance
Trust Fund, as authorized by section 201(g) of the Social Security Act,
of which $610,000,000 shall be for the Centers for Medicare & Medicaid
Services program integrity activities, of which $93,000,000 shall be
for the Department of Health and Human Services Office of Inspector
General to carry out fraud and abuse activities authorized by section
1817(k)(3) of such Act, and of which $83,000,000 shall be for the
Department of Justice to carry out fraud and abuse activities
authorized by section 1817(k)(3) of such Act: Provided, That the report
required by section 1817(k)(5) of the Social Security Act for fiscal
year 2020 shall include measures of the operational efficiency and
impact on fraud, waste, and abuse in the Medicare, Medicaid, and CHIP
programs for the funds provided by this appropriation: Provided
further, That of the amount provided under this heading, $311,000,000
is provided to meet the terms of section 251(b)(2)(C)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended,
and $475,000,000 is additional new budget authority specified for
purposes of section 251(b)(2)(C) of such Act: Provided further, That
the Secretary shall provide not less than $18,000,000 (increased by
$2,000,000) from amounts made available under this heading and amounts
made available for fiscal year 2020 under section 1817(k)(3)(A) of the
Social Security Act for the Senior Medicare Patrol program to combat
health care fraud and abuse.
Administration for Children and Families
payments to states for child support enforcement and family support
programs
For carrying out, except as otherwise provided, titles I, IV-D, X,
XI, XIV, and XVI of the Social Security Act and the Act of July 5,
1960, $2,890,000,000, to remain available until expended; and for such
purposes for the first quarter of fiscal year 2021, $1,400,000,000, to
remain available until expended.
For carrying out, after May 31 of the current fiscal year, except
as otherwise provided, titles I, IV-D, X, XI, XIV, and XVI of the
Social Security Act and the Act of July 5, 1960, for the last 3 months
of the current fiscal year for unanticipated costs, incurred for the
current fiscal year, such sums as may be necessary.
low income home energy assistance
For making payments under subsections (b) and (d) of section 2602
of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8621 et
seq.), $3,840,304,000: Provided, That notwithstanding section 2609A(a)
of such Act, not more than $2,988,000 may be reserved by the Secretary
of Health and Human Services for technical assistance, training, and
monitoring of program activities for compliance with internal controls,
policies and procedures and the Secretary may, in addition to the
authorities provided in section 2609A(a)(1), use such funds through
contracts with private entities that do not qualify as nonprofit
organizations: Provided further, That $3,637,316,000 of the amount
appropriated under this heading shall be allocated to each State and
territory in amounts equal to the amount each State and territory was
allocated in fiscal year 2018 pursuant to allocations made from amounts
appropriated under this heading in the Consolidated Appropriations Act,
2018 (Public Law 115-141): Provided further, that $37,280,000 of the
amount appropriated under this heading shall be allocated as though the
total appropriation for such payments for fiscal year 2020 was less
than $1,975,000,000.
refugee and entrant assistance
For necessary expenses for refugee and entrant assistance
activities authorized by section 414 of the Immigration and Nationality
Act and section 501 of the Refugee Education Assistance Act of 1980,
and for carrying out section 462 of the Homeland Security Act of 2002,
section 235 of the William Wilberforce Trafficking Victims Protection
Reauthorization Act of 2008, the Trafficking Victims Protection Act of
2000 (``TVPA''), and the Torture Victims Relief Act of 1998,
$2,411,701,000 (reduced by $500,000) (increased by $500,000) (increased
by $100,000,000), of which $2,364,446,000 (increased by $100,000,000)
shall remain available through September 30, 2022 for carrying out such
sections 414, 501, 462, and 235: Provided, That amounts available under
this heading to carry out the TVPA shall also be available for research
and evaluation with respect to activities under such Act: Provided
further, That not less than $190,000,000 (increased by $10,000,000)
shall be used for legal services, child advocates, and post-release
services: Provided further, That none of the funds made available by
this Act may be used to implement or enforce the Memorandum of
Agreement Among the Office of Refugee Resettlement of the Department of
Health and Human Services and U.S. Immigration and Customs Enforcement
and U.S. Customs and Border Protection of the Department of Homeland
Security Regarding Consultation and Information Sharing in
Unaccompanied Alien Children Matters, dated April 13, 2018: Provided
further, That not later than 30 days after the date of enactment of
this Act, the Secretary of Health and Human Services shall submit to
the Committees on Appropriations of the House of Representatives and
the Senate a detailed spend plan of anticipated uses of funds made
available in this account, including the following: costs, capacity,
and timelines for existing grants and contracts; costs for expanding
capacity through use of community-based residential care placements
(including long-term and transitional foster care and small group
homes) through new or modified grants and contracts; costs and services
to be provided for legal services, child advocates, and post-release
services; program administration; and the average number of weekly
referrals and discharge rate assumed in the spend plan: Provided
further, That such plan shall be updated to reflect changes and
expenditures and submitted to the Committees every 60 days thereafter.
None of the funds made available in this Act may be used in
contravention of the Homeland Security Act of 2002, the William
Wilberforce Trafficking Victims Protection Reauthorization Act of 2008,
or the Adoption and Safe Families Act of 1997 (as those law are in
effect on the date of the enactment of this Act, and including
provisions of other statutes amended or added by those laws, as so in
effect), or the Stipulated Settlement Agreement in Flores v. Reno (U.S.
District Court, Central District of California, 1997).
payments to states for the child care and development block grant
For carrying out the Child Care and Development Block Grant Act of
1990 (``CCDBG Act''), $7,676,000,000 shall be used to supplement, not
supplant State general revenue funds for child care assistance for low-
income families: Provided, That technical assistance under section
658I(a)(3) of such Act may be provided directly, or through the use of
contracts, grants, cooperative agreements, or interagency agreements:
Provided further, That all funds made available to carry out section
418 of the Social Security Act (42 U.S.C. 618), including funds
appropriated for that purpose in such section 418 or any other
provision of law, shall be subject to the reservation of funds
authority in paragraphs (4) and (5) of section 658O(a) of the CCDBG
Act: Provided further, That in addition to the amounts required to be
reserved by the Secretary under section 658O(a)(2)(A) of such Act,
$156,780,000 shall be for Indian tribes and tribal organizations.
social services block grant
For making grants to States pursuant to section 2002 of the Social
Security Act, $1,700,000,000: Provided, That notwithstanding
subparagraph (B) of section 404(d)(2) of such Act, the applicable
percent specified under such subparagraph for a State to carry out
State programs pursuant to title XX-A of such Act shall be 10 percent.
children and families services programs
For carrying out, except as otherwise provided, the Runaway and
Homeless Youth Act, the Head Start Act, the Every Student Succeeds Act,
the Child Abuse Prevention and Treatment Act, sections 303 and 313 of
the Family Violence Prevention and Services Act, the Native American
Programs Act of 1974, title II of the Child Abuse Prevention and
Treatment and Adoption Reform Act of 1978 (adoption opportunities),
part B-1 of title IV and sections 429, 473A, 477(i), 1110, 1114A, and
1115 of the Social Security Act, and the Community Services Block Grant
Act (``CSBG Act''); and for necessary administrative expenses to carry
out titles I, IV, V, X, XI, XIV, XVI, and XX-A of the Social Security
Act, the Act of July 5, 1960, the Low-Income Home Energy Assistance Act
of 1981, the Child Care and Development Block Grant Act of 1990, the
Assets for Independence Act, title IV of the Immigration and
Nationality Act, and section 501 of the Refugee Education Assistance
Act of 1980, $13,967,468,000 (increased by $2,000,000) (increased by
$3,000,000), of which $75,000,000, to remain available through
September 30, 2021, shall be for grants to States for adoption and
legal guardianship incentive payments, as defined by section 473A of
the Social Security Act and may be made for adoptions and legal
guardianships completed before September 30, 2020: Provided, That
$11,563,095,000 shall be for making payments under the Head Start Act,
of which, notwithstanding section 640 of such Act:
(1) $217,000,000 shall be available for a cost of living
adjustment, and with respect to any continuing appropriations
act, funding available for a cost of living adjustment shall
not be construed as an authority or condition under this Act;
(2) $25,000,000 shall be available for allocation by the
Secretary to supplement activities described in paragraphs
(7)(B) and (9) of section 641(c) of the Head Start Act under
the Designation Renewal System, established under the authority
of sections 641(c)(7), 645A(b)(12), and 645A(d) of such Act,
and such funds shall not be included in the calculation of
``base grant'' in subsequent fiscal years, as such term is used
in section 640(a)(7)(A) of such Act;
(3) $1,330,000,000, in addition to funds otherwise
available under such section 640 for such purposes, shall be
available through March 31, 2021, for Early Head Start programs
as described in section 645A of such Act, for conversion of
Head Start services to Early Head Start services as described
in section 645(a)(5)(A) of such Act, for discretionary grants
for high quality infant and toddler care through Early Head
Start-Child Care Partnerships, to entities defined as eligible
under section 645A(d) of such Act, for training and technical
assistance for such activities, and for up to $26,000,000 in
Federal costs of administration and evaluation;
(4) $750,000,000 shall be available for quality improvement
consistent with section 640(a)(5) of such Act; and
(5) $8,000,000 shall be available for the purposes of re-
establishing the Tribal Colleges and Universities Head Start
Partnership Program consistent with section 648(g) of such Act:
Provided further, That the Secretary may reduce the reservation of
funds under section 640(a)(2)(C) of such Act in lieu of reducing the
reservation of funds under sections 640(a)(2)(B), 640(a)(2)(D), and
640(a)(2)(E) of such Act: Provided further, That $350,000,000 shall be
available until December 31, 2020 for carrying out sections 9212 and
9213 of the Every Student Succeeds Act: Provided further, That up to 3
percent of the funds in the preceding proviso shall be available for
technical assistance and evaluation related to grants awarded under
such section 9212: Provided further, That $796,000,000 shall be for
making payments under the CSBG Act: Provided further, That $36,000,000
shall be for sections 680 and 678E(b)(2) of the CSBG Act, of which not
less than $25,000,000 shall be for section 680(a)(2) and not less than
$11,000,000 shall be for section 680(a)(3)(B) of such Act: Provided
further, That, notwithstanding section 675C(a)(3) of such Act, to the
extent Community Services Block Grant funds are distributed as grant
funds by a State to an eligible entity as provided under such Act, and
have not been expended by such entity, they shall remain with such
entity for carryover into the next fiscal year for expenditure by such
entity consistent with program purposes: Provided further, That the
Secretary shall establish procedures regarding the disposition of
intangible assets and program income that permit such assets acquired
with, and program income derived from, grant funds authorized under
section 680 of the CSBG Act to become the sole property of such
grantees after a period of not more than 12 years after the end of the
grant period for any activity consistent with section 680(a)(2)(A) of
the CSBG Act: Provided further, That intangible assets in the form of
loans, equity investments and other debt instruments, and program
income may be used by grantees for any eligible purpose consistent with
section 680(a)(2)(A) of the CSBG Act: Provided further, That these
procedures shall apply to such grant funds made available after
November 29, 1999: Provided further, That funds appropriated for
section 680(a)(2) of the CSBG Act shall be available for financing
construction and rehabilitation and loans or investments in private
business enterprises owned by community development corporations:
Provided further, That $175,000,000 shall be for carrying out section
303(a) of the Family Violence Prevention and Services Act, of which
$5,000,000 shall be allocated notwithstanding section 303(a)(2) of such
Act for carrying out section 309 of such Act: Provided further, That
the percentages specified in section 112(a)(2) of the Child Abuse
Prevention and Treatment Act shall not apply to funds appropriated
under this heading: Provided further, That $1,864,000 shall be for a
human services case management system for federally declared disasters,
to include a comprehensive national case management contract and
Federal costs of administering the system: Provided further, That up to
$2,000,000 shall be for improving the Public Assistance Reporting
Information System, including grants to States to support data
collection for a study of the system's effectiveness.
promoting safe and stable families
For carrying out, except as otherwise provided, section 436 of the
Social Security Act, $345,000,000 and, for carrying out, except as
otherwise provided, section 437 of such Act, $79,765,000: Provided,
That of the funds available to carry out section 437, $59,765,000 shall
be allocated consistent with subsections (b) through (d) of such
section: Provided further, That of the funds available to carry out
section 437, to assist in meeting the requirements described in section
471(e)(4)(C), $20,000,000 shall be for grants to each State, territory,
and Indian tribe operating title IV-E plans for developing, enhancing,
or evaluating kinship navigator programs, as described in section
427(a)(1) of such Act: Provided further, That section 437(b)(1) shall
be applied to amounts in the previous proviso by substituting ``5
percent'' for ``3.3 percent'', and notwithstanding section 436(b)(1),
such reserved amounts may be used for identifying, establishing, and
disseminating practices to meet the criteria specified in section
471(e)(4)(C): Provided further, That the reservation in section
437(b)(2) and the limitations in section 437(d) shall not apply to
funds specified in the second proviso: Provided further, That the
minimum grant award for kinship navigator programs in the case of
States and territories shall be $200,000, and, in the case of tribes,
shall be $25,000: Provided further, That section 437(b)(4) of such Act
shall be applied by substituting ``fiscal year 2020'' for ``fiscal year
2018''.
payments for foster care and permanency
For carrying out, except as otherwise provided, title IV-E of the
Social Security Act, $5,744,000,000.
For carrying out, except as otherwise provided, title IV-E of the
Social Security Act, for the first quarter of fiscal year 2021,
$3,000,000,000.
For carrying out, after May 31 of the current fiscal year, except
as otherwise provided, section 474 of title IV-E of the Social Security
Act, for the last 3 months of the current fiscal year for unanticipated
costs, incurred for the current fiscal year, such sums as may be
necessary.
Administration for Community Living
aging and disability services programs
(including transfer of funds)
For carrying out, to the extent not otherwise provided, the Older
Americans Act of 1965 (``OAA''), the RAISE Family Caregivers Act, the
Supporting Grandparents Raising Grandchildren Act, titles III and XXIX
of the PHS Act, sections 1252 and 1253 of the PHS Act, section 119 of
the Medicare Improvements for Patients and Providers Act of 2008, title
XX-B of the Social Security Act, the Developmental Disabilities
Assistance and Bill of Rights Act, parts 2 and 5 of subtitle D of title
II of the Help America Vote Act of 2002, the Assistive Technology Act
of 1998, titles II and VII (and section 14 with respect to such titles)
of the Rehabilitation Act of 1973, and for Department-wide coordination
of policy and program activities that assist individuals with
disabilities, $2,294,343,000 (increased by $4,500,000) (increased by
$2,000,000), together with $55,000,000 to be transferred from the
Federal Hospital Insurance Trust Fund and the Federal Supplementary
Medical Insurance Trust Fund to carry out section 4360 of the Omnibus
Budget Reconciliation Act of 1990: Provided, That amounts appropriated
under this heading may be used for grants to States under section 361
of the OAA only for disease prevention and health promotion programs
and activities which have been demonstrated through rigorous evaluation
to be evidence-based and effective: Provided further, That of amounts
made available under this heading to carry out sections 311, 331, and
336 of the OAA, up to 1 percent of such amounts shall be available for
developing and implementing evidence-based practices for enhancing
senior nutrition, including medically-tailored meals: Provided further,
That notwithstanding any other provision of this Act, funds made
available under this heading to carry out section 311 of the OAA may be
transferred to the Secretary of Agriculture in accordance with such
section: Provided further, That $2,000,000 shall be for competitive
grants to support alternative financing programs that provide for the
purchase of assistive technology devices, such as a low-interest loan
fund; an interest buy-down program; a revolving loan fund; a loan
guarantee; or an insurance program: Provided further, That applicants
shall provide an assurance that, and information describing the manner
in which, the alternative financing program will expand and emphasize
consumer choice and control: Provided further, That State agencies and
community-based disability organizations that are directed by and
operated for individuals with disabilities shall be eligible to
compete: Provided further, That none of the funds made available under
this heading may be used by an eligible system (as defined in section
102 of the Protection and Advocacy for Individuals with Mental Illness
Act (42 U.S.C. 10802)) to continue to pursue any legal action in a
Federal or State court on behalf of an individual or group of
individuals with a developmental disability (as defined in section
102(8)(A) of the Developmental Disabilities and Assistance and Bill of
Rights Act of 2000 (20 U.S.C. 15002(8)(A)) that is attributable to a
mental impairment (or a combination of mental and physical
impairments), that has as the requested remedy the closure of State
operated intermediate care facilities for people with intellectual or
developmental disabilities, unless reasonable public notice of the
action has been provided to such individuals (or, in the case of mental
incapacitation, the legal guardians who have been specifically awarded
authority by the courts to make healthcare and residential decisions on
behalf of such individuals) who are affected by such action, within 90
days of instituting such legal action, which informs such individuals
(or such legal guardians) of their legal rights and how to exercise
such rights consistent with current Federal Rules of Civil Procedure:
Provided further, That the limitations in the immediately preceding
proviso shall not apply in the case of an individual who is neither
competent to consent nor has a legal guardian, nor shall the proviso
apply in the case of individuals who are a ward of the State or subject
to public guardianship.
Departmental Management
general departmental management
For necessary expenses, not otherwise provided, for general
departmental management, including hire of six passenger motor
vehicles, and for carrying out titles III, XVII, XXI, and section 229
of the PHS Act, functions of the Departmental Appeals Board authorized
in title XVIII of the Social Security Act, the United States-Mexico
Border Health Commission Act, and research studies under section 1110
of the Social Security Act, $474,169,000 (reduced by $1,000,000)
(reduced by $900,000) (reduced by $2,000,000) (reduced by $5,000,000)
(reduced by $1,000,000) (increased by $5,000,000) (reduced by
$5,000,000) (reduced by $2,000,000) (reduced by $2,000,000) (reduced by
$2,000,000) (reduced by $5,570,000) (reduced by $2,000,000) (reduced by
$3,000,000) (reduced by $15,000,000) (reduced by $2,000,000) (reduced
by $1,000,000) (reduced by $1,000,000) (reduced by $3,000,000) (reduced
by $1,000,000), together with $64,828,000 from the amounts available
under section 241 of the PHS Act to carry out national health or human
services research and evaluation activities: Provided, That of the
funds made available under this heading, $60,000,000 (increased by
$5,000,000) shall be for minority AIDS prevention and treatment
activities: Provided further, That of the funds made available under
this heading, $20,000,000 shall be for the Departmental Appeals Board:
Provided further, That of the funds made available under this heading,
$110,000,000 shall be for making competitive grants to public and
private entities, as well as continuing to fund through fiscal year
2020 grants awarded for fiscal years 2015 through 2019, to fund
medically accurate and age appropriate programs that reduce teen
pregnancy and for the Federal costs associated with administering and
evaluating such grants, of which not more than 10 percent of the
available funds shall be for training and technical assistance,
outreach, and additional program support activities, and of the
remaining amount 75 percent shall be for replicating programs that have
been proven effective through rigorous evaluation to reduce teenage
pregnancy, behavioral risk factors underlying teenage pregnancy, or
other associated risk factors, and 25 percent shall be available for
research and demonstration grants to develop, replicate, refine, and
test additional models and innovative strategies for preventing teenage
pregnancy: Provided further, That amounts made available under this
heading for programs to reduce teen pregnancy shall not be made
available by interagency agreement or otherwise to any agency within
the Department of Health and Human Services other than the Office of
the Secretary to carry out or support such programs: Provided further,
That of the amounts provided under this heading from amounts available
under section 241 of the PHS Act, $6,800,000 shall be available to
carry out evaluations (including longitudinal evaluations) of teenage
pregnancy prevention approaches: Provided further, That funds provided
in this Act for embryo adoption activities may be used to provide to
individuals adopting embryos, through grants and other mechanisms,
medical and administrative services deemed necessary for such
adoptions: Provided further, That such services shall be provided
consistent with 42 CFR 59.5(a)(4).
For an additional amount for prize competitions (as authorized by
section 24 of the Stevenson-Wydler Technology Innovation Act of 1980
(15 U.S.C. 3719)), $10,000,000.
office of medicare hearings and appeals
For expenses necessary for the Office of Medicare Hearings and
Appeals, $182,381,000 shall remain available until September 30, 2021,
to be transferred in appropriate part from the Federal Hospital
Insurance Trust Fund and the Federal Supplementary Medical Insurance
Trust Fund.
office of the national coordinator for health information technology
For expenses necessary for the Office of the National Coordinator
for Health Information Technology, including grants, contracts, and
cooperative agreements for the development and advancement of
interoperable health information technology, $60,367,000 shall be
available from amounts available under section 241 of the PHS Act.
office of inspector general
For expenses necessary for the Office of Inspector General,
including the hire of passenger motor vehicles for investigations, in
carrying out the provisions of the Inspector General Act of 1978,
$85,000,000: Provided, That of such amount, necessary sums shall be
available for providing protective services to the Secretary and
investigating non-payment of child support cases for which non-payment
is a Federal offense under 18 U.S.C. 228.
office for civil rights
For expenses necessary for the Office for Civil Rights,
$38,798,000.
retirement pay and medical benefits for commissioned officers
For retirement pay and medical benefits of Public Health Service
Commissioned Officers as authorized by law, for payments under the
Retired Serviceman's Family Protection Plan and Survivor Benefit Plan,
and for medical care of dependents and retired personnel under the
Dependents' Medical Care Act, such amounts as may be required during
the current fiscal year.
public health and social services emergency fund
For expenses necessary to support activities related to countering
potential biological, nuclear, radiological, chemical, and
cybersecurity threats to civilian populations, and for other public
health emergencies, $1,083,458,000 (increased by $1,000,000), of which
$566,700,000 shall remain available through September 30, 2021, for
expenses necessary to support advanced research and development
pursuant to section 319L of the PHS Act and other administrative
expenses of the Biomedical Advanced Research and Development Authority:
Provided, That funds provided under this heading for the purpose of
acquisition of security countermeasures shall be in addition to any
other funds available for such purpose: Provided further, That products
purchased with funds provided under this heading may, at the discretion
of the Secretary, be deposited in the Strategic National Stockpile
pursuant to section 319F-2 of the PHS Act: Provided further, That
$5,000,000 of the amounts made available to support emergency
operations shall remain available through September 30, 2022.
For expenses necessary for procuring security countermeasures (as
defined in section 319F-2(c)(1)(B) of the PHS Act), $735,000,000, to
remain available until expended.
For expenses necessary to carry out section 319F-2(a) of the PHS
Act, $920,000,000, to remain available until expended.
For an additional amount for expenses necessary to prepare for or
respond to an influenza pandemic, $270,000,000, of which $225,000,000
shall be available until expended, for activities including the
development and purchase of vaccine, antivirals, necessary medical
supplies, diagnostics, and other surveillance tools: Provided, That
notwithstanding section 496(b) of the PHS Act, funds may be used for
the construction or renovation of privately owned facilities for the
production of pandemic influenza vaccines and other biologics, if the
Secretary finds such construction or renovation necessary to secure
sufficient supplies of such vaccines or biologics.
General Provisions
Sec. 201. Funds appropriated in this title shall be available for
not to exceed $50,000 for official reception and representation
expenses when specifically approved by the Secretary.
Sec. 202. None of the funds appropriated in this title shall be
used to pay the salary of an individual, through a grant or other
extramural mechanism, at a rate in excess of Executive Level II.
Sec. 203. None of the funds appropriated in this Act may be
expended pursuant to section 241 of the PHS Act, except for funds
specifically provided for in this Act, or for other taps and
assessments made by any office located in HHS, prior to the preparation
and submission of a report by the Secretary to the Committees on
Appropriations of the House of Representatives and the Senate detailing
the planned uses of such funds.
Sec. 204. Notwithstanding section 241(a) of the PHS Act, such
portion as the Secretary shall determine, but not more than 2.5
percent, of any amounts appropriated for programs authorized under such
Act shall be made available for the evaluation (directly, or by grants
or contracts) and the implementation and effectiveness of programs
funded in this title.
(transfer of funds)
Sec. 205. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control Act of
1985) which are appropriated for the current fiscal year for HHS in
this Act may be transferred between appropriations, but no such
appropriation shall be increased by more than 3 percent by any such
transfer: Provided, That the transfer authority granted by this section
shall be available only to meet emergency needs and shall not be used
to create any new program or to fund any project or activity for which
no funds are provided in this Act: Provided further, That the
Committees on Appropriations of the House of Representatives and the
Senate are notified at least 15 days in advance of any transfer.
Sec. 206. In lieu of the timeframe specified in section 338E(c)(2)
of the PHS Act, terminations described in such section may occur up to
60 days after the effective date of a contract awarded in fiscal year
2020 under section 338B of such Act, or at any time if the individual
who has been awarded such contract has not received funds due under the
contract.
Sec. 207. None of the funds appropriated in this Act may be made
available to any entity under title X of the PHS Act unless the
applicant for the award certifies to the Secretary that it encourages
family participation in the decision of minors to seek family planning
services and that it provides counseling to minors on how to resist
attempts to coerce minors into engaging in sexual activities.
Sec. 208. Notwithstanding any other provision of law, no provider
of services under title X of the PHS Act shall be exempt from any State
law requiring notification or the reporting of child abuse, child
molestation, sexual abuse, rape, or incest.
Sec. 209. None of the funds appropriated by this Act (including
funds appropriated to any trust fund) may be used to carry out the
Medicare Advantage program if the Secretary denies participation in
such program to an otherwise eligible entity (including a Provider
Sponsored Organization) because the entity informs the Secretary that
it will not provide, pay for, provide coverage of, or provide referrals
for abortions: Provided, That the Secretary shall make appropriate
prospective adjustments to the capitation payment to such an entity
(based on an actuarially sound estimate of the expected costs of
providing the service to such entity's enrollees): Provided further,
That nothing in this section shall be construed to change the Medicare
program's coverage for such services and a Medicare Advantage
organization described in this section shall be responsible for
informing enrollees where to obtain information about all Medicare
covered services.
Sec. 210. None of the funds made available in this title may be
used, in whole or in part, to advocate or promote gun control.
Sec. 211. The Secretary shall make available through assignment
not more than 60 employees of the Public Health Service to assist in
child survival activities and to work in AIDS programs through and with
funds provided by the Agency for International Development, the United
Nations International Children's Emergency Fund or the World Health
Organization.
Sec. 212. In order for HHS to carry out international health
activities, including HIV/AIDS and other infectious disease, chronic
and environmental disease, and other health activities abroad during
fiscal year 2020:
(1) The Secretary may exercise authority equivalent to that
available to the Secretary of State in section 2(c) of the
State Department Basic Authorities Act of 1956. The Secretary
shall consult with the Secretary of State and relevant Chief of
Mission to ensure that the authority provided in this section
is exercised in a manner consistent with section 207 of the
Foreign Service Act of 1980 and other applicable statutes
administered by the Department of State.
(2) The Secretary is authorized to provide such funds by
advance or reimbursement to the Secretary of State as may be
necessary to pay the costs of acquisition, lease, alteration,
renovation, and management of facilities outside of the United
States for the use of HHS. The Department of State shall
cooperate fully with the Secretary to ensure that HHS has
secure, safe, functional facilities that comply with applicable
regulation governing location, setback, and other facilities
requirements and serve the purposes established by this Act.
The Secretary is authorized, in consultation with the Secretary
of State, through grant or cooperative agreement, to make
available to public or nonprofit private institutions or
agencies in participating foreign countries, funds to acquire,
lease, alter, or renovate facilities in those countries as
necessary to conduct programs of assistance for international
health activities, including activities relating to HIV/AIDS
and other infectious diseases, chronic and environmental
diseases, and other health activities abroad.
(3) The Secretary is authorized to provide to personnel
appointed or assigned by the Secretary to serve abroad,
allowances and benefits similar to those provided under chapter
9 of title I of the Foreign Service Act of 1980, and 22 U.S.C.
4081 through 4086 and subject to such regulations prescribed by
the Secretary. The Secretary is further authorized to provide
locality-based comparability payments (stated as a percentage)
up to the amount of the locality-based comparability payment
(stated as a percentage) that would be payable to such
personnel under section 5304 of title 5, United States Code if
such personnel's official duty station were in the District of
Columbia. Leaves of absence for personnel under this subsection
shall be on the same basis as that provided under subchapter I
of chapter 63 of title 5, United States Code, or section 903 of
the Foreign Service Act of 1980, to individuals serving in the
Foreign Service.
(transfer of funds)
Sec. 213. The Director of the NIH, jointly with the Director of the
Office of AIDS Research, may transfer up to 3 percent among institutes
and centers from the total amounts identified by these two Directors as
funding for research pertaining to the human immunodeficiency virus:
Provided, That the Committees on Appropriations of the House of
Representatives and the Senate are notified at least 15 days in advance
of any transfer.
(transfer of funds)
Sec. 214. Of the amounts made available in this Act for NIH, the
amount for research related to the human immunodeficiency virus, as
jointly determined by the Director of NIH and the Director of the
Office of AIDS Research, shall be made available to the ``Office of
AIDS Research'' account. The Director of the Office of AIDS Research
shall transfer from such account amounts necessary to carry out section
2353(d)(3) of the PHS Act.
Sec. 215. (a) Authority.--Notwithstanding any other provision of
law, the Director of NIH (``Director'') may use funds authorized under
section 402(b)(12) of the PHS Act to enter into transactions (other
than contracts, cooperative agreements, or grants) to carry out
research identified pursuant to or research and activities described in
such section 402(b)(12).
(b) Peer Review.--In entering into transactions under subsection
(a), the Director may utilize such peer review procedures (including
consultation with appropriate scientific experts) as the Director
determines to be appropriate to obtain assessments of scientific and
technical merit. Such procedures shall apply to such transactions in
lieu of the peer review and advisory council review procedures that
would otherwise be required under sections 301(a)(3), 405(b)(1)(B),
405(b)(2), 406(a)(3)(A), 492, and 494 of the PHS Act.
Sec. 216. Not to exceed $45,000,000 of funds appropriated by this
Act to the institutes and centers of the National Institutes of Health
may be used for alteration, repair, or improvement of facilities, as
necessary for the proper and efficient conduct of the activities
authorized herein, at not to exceed $3,500,000 per project.
(transfer of funds)
Sec. 217. Of the amounts made available for NIH, 1 percent of the
amount made available for National Research Service Awards (``NRSA'')
shall be made available to the Administrator of the Health Resources
and Services Administration to make NRSA awards for research in primary
medical care to individuals affiliated with entities who have received
grants or contracts under sections 736, 739, or 747 of the PHS Act, and
1 percent of the amount made available for NRSA shall be made available
to the Director of the Agency for Healthcare Research and Quality to
make NRSA awards for health service research.
Sec. 218. (a) The Biomedical Advanced Research and Development
Authority (``BARDA'') may enter into a contract, for more than one but
no more than 10 program years, for purchase of research services or of
security countermeasures, as that term is defined in section 319F-
2(c)(1)(B) of the PHS Act (42 U.S.C. 247d-6b(c)(1)(B)), if--
(1) funds are available and obligated--
(A) for the full period of the contract or for the
first fiscal year in which the contract is in effect;
and
(B) for the estimated costs associated with a
necessary termination of the contract; and
(2) the Secretary determines that a multi-year contract
will serve the best interests of the Federal Government by
encouraging full and open competition or promoting economy in
administration, performance, and operation of BARDA's programs.
(b) A contract entered into under this section--
(1) shall include a termination clause as described by
subsection (c) of section 3903 of title 41, United States Code;
and
(2) shall be subject to the congressional notice
requirement stated in subsection (d) of such section.
Sec. 219. (a) The Secretary shall publish in the fiscal year 2021
budget justification and on Departmental Web sites information
concerning the employment of full-time equivalent Federal employees or
contractors for the purposes of implementing, administering, enforcing,
or otherwise carrying out the provisions of the ACA, and the amendments
made by that Act, in the proposed fiscal year and each fiscal year
since the enactment of the ACA.
(b) With respect to employees or contractors supported by all funds
appropriated for purposes of carrying out the ACA (and the amendments
made by that Act), the Secretary shall include, at a minimum, the
following information:
(1) For each such fiscal year, the section of such Act
under which such funds were appropriated, a statement
indicating the program, project, or activity receiving such
funds, the Federal operating division or office that
administers such program, and the amount of funding received in
discretionary or mandatory appropriations.
(2) For each such fiscal year, the number of full-time
equivalent employees or contracted employees assigned to each
authorized and funded provision detailed in accordance with
paragraph (1).
(c) In carrying out this section, the Secretary may exclude from
the report employees or contractors who--
(1) are supported through appropriations enacted in laws
other than the ACA and work on programs that existed prior to
the passage of the ACA;
(2) spend less than 50 percent of their time on activities
funded by or newly authorized in the ACA; or
(3) work on contracts for which FTE reporting is not a
requirement of their contract, such as fixed-price contracts.
Sec. 220. The Secretary shall publish, as part of the fiscal year
2021 budget of the President submitted under section 1105(a) of title
31, United States Code, information that details the uses of all funds
used by the Centers for Medicare & Medicaid Services specifically for
Health Insurance Exchanges for each fiscal year since the enactment of
the ACA and the proposed uses for such funds for fiscal year 2021. Such
information shall include, for each such fiscal year, the amount of
funds used for each activity specified under the heading ``Health
Insurance Exchange Transparency'' in the committee report accompanying
this Act.
Sec. 221. None of the funds made available by this Act from the
Federal Hospital Insurance Trust Fund or the Federal Supplemental
Medical Insurance Trust Fund, or transferred from other accounts funded
by this Act to the ``Centers for Medicare & Medicaid Services--Program
Management'' account, may be used for payments under section 1342(b)(1)
of Public Law 111-148 (relating to risk corridors).
(transfer of funds)
Sec. 222. (a) Within 45 days of enactment of this Act, the
Secretary shall transfer funds appropriated under section 4002 of the
ACA to the accounts specified, in the amounts specified, and for the
activities specified under the heading ``Prevention and Public Health
Fund'' in the committee report accompanying this Act.
(b) Notwithstanding section 4002(c) of the ACA, the Secretary may
not further transfer these amounts.
(c) Funds transferred for activities authorized under section 2821
of the PHS Act shall be made available without reference to section
2821(b) of such Act.
Sec. 223. Effective during the period beginning on November 1,
2015 and ending January 1, 2022, any provision of law that refers
(including through cross-reference to another provision of law) to the
current recommendations of the United States Preventive Services Task
Force with respect to breast cancer screening, mammography, and
prevention shall be administered by the Secretary involved as if--
(1) such reference to such current recommendations were a
reference to the recommendations of such Task Force with
respect to breast cancer screening, mammography, and prevention
last issued before 2009; and
(2) such recommendations last issued before 2009 applied to
any screening mammography modality under section 1861(jj) of
the Social Security Act (42 U.S.C. 1395x(jj)).
Sec. 224. In making Federal financial assistance, the provisions
relating to indirect costs in part 75 of title 45, Code of Federal
Regulations, including with respect to the approval of deviations from
negotiated rates, shall continue to apply to the National Institutes of
Health to the same extent and in the same manner as such provisions
were applied in the third quarter of fiscal year 2017. None of the
funds appropriated in this or prior Acts or otherwise made available to
the Department of Health and Human Services or to any department or
agency may be used to develop or implement a modified approach to such
provisions, or to intentionally or substantially expand the fiscal
effect of the approval of such deviations from negotiated rates beyond
the proportional effect of such approvals in such quarter.
(transfer of funds)
Sec. 225. The NIH Director may transfer funds specifically
appropriated for opioid addiction, opioid alternatives, pain
management, and addiction treatment to other Institutes and Centers of
the NIH to be used for the same purpose 15 days after notifying the
Committees on Appropriations: Provided, That the transfer authority
provided in the previous proviso is in addition to any other transfer
authority provided by law.
Sec. 226. (a) The Secretary shall provide to the Committees on
Appropriations of the House of Representatives and the Senate:
(1) Detailed monthly enrollment figures from the Exchanges
established under the Patient Protection and Affordable Care
Act of 2010 pertaining to enrollments during the open
enrollment period, including State enrollment figures
disaggregated by race, ethnicity, preferred language, age, and
sex.
(2) Notification of any new or competitive grant awards,
including supplements, authorized under section 330 of the
Public Health Service Act.
(b) The Committees on Appropriations of the House and Senate must
be notified at least 2 business days in advance of any public release
of enrollment information or the award of such grants.
Sec. 227. Not later than the 15th day of each month, the
Department of Health and Human Services shall provide the Committees on
Appropriations of the House of Representatives and Senate a report on
staffing described in the committee report accompanying this Act.
Sec. 228. Funds appropriated in this Act that are available for
salaries and expenses of employees of the Department of Health and
Human Services shall also be available to pay travel and related
expenses of such an employee or of a member of his or her family, when
such employee is assigned to duty, in the United States or in a U.S.
territory, during a period and in a location that are the subject of a
determination of a public health emergency under section 319 of the
Public Health Service Act and such travel is necessary to obtain
medical care for an illness, injury, or medical condition that cannot
be adequately addressed in that location at that time. For purposes of
this section, the term ``U.S. territory'' means Guam, the Commonwealth
of Puerto Rico, the Northern Mariana Islands, the Virgin Islands,
American Samoa, or the Trust Territory of the Pacific Islands.
Sec. 229. The Department of Health and Human Services may accept
donations from the private sector, nongovernmental organizations, and
other groups independent of the Federal Government for the care of
unaccompanied alien children (as defined in section 462(g)(2) of the
Homeland Security Act of 2002 (6 U.S.C. 279(g)(2))) in the care of the
Office of Refugee Resettlement of the Administration for Children and
Families, including medical goods and services, which may include early
childhood developmental screenings, school supplies, toys, clothing,
and any other items intended to promote the wellbeing of such children.
(rescission)
Sec. 230. Of the unobligated balances made available by section
301(b)(3) of Public Law 114-10, $4,300,000,000 are hereby permanently
rescinded.
Sec. 231. None of the funds made available by this Act may be used
to prevent a United States Senator or Member of the House of
Representatives from entering, for the purpose of conducting oversight,
any facility in the United States used for the purpose of maintaining
custody of, or otherwise housing, unaccompanied alien children (as
defined in section 462(g)(2) of the Homeland Security Act of 2002 (6
U.S.C. 279(g)(2))). Nothing in this section shall be construed to
require such a Senator or Member to provide prior notice of the intent
to enter such a facility for such purpose.
Sec. 232. To the extent practicable, and so long as it is
appropriate and in the best interest of the child, in cases where the
Office of Refugee Resettlement of the Department of Health and Human
Services is responsible for the care of siblings who are unaccompanied
alien children (as defined in section 462(g)(2) of the Homeland
Security Act of 2002 (6 U.S.C. 279(g)(2)), the Director of the Office
shall place the siblings--
(1) in the same facility; or
(2) with the same sponsor.
Sec. 233. (a) None of the funds provided by this Act or provided by
any accounts in the Treasury of the United States derived by the
collection of fees available to the Secretary of Health and Human
Services, or to any other official of a Federal agency funded by this
Act may be used to facilitate the Secretary of Homeland Security
placing in detention, removing, referring for a decision whether to
initiate removal proceedings, or initiating 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, or information shared by an unaccompanied alien child himself
or herself with the Department of Homeland Security or the Department
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
employment; or
(3) an association with the organization or implementation
of prostitution.
Sec. 234. None of the funds made available in this Act may be used
to house unaccompanied alien children (as such term is defined in
section 462(g) of the Homeland Security Act of 2002 (6 U.S.C. 279(g)))
in--
(a) soft-sided dormitories; or
(b) an influx facility that is not State-licensed for the care of
dependent minors, except in the case that the Secretary of Health and
Human Services determines that housing unaccompanied alien children in
such a facility is necessary on a temporary basis due to an influx of
such children or an emergency, provided that--
(1) any such influx facility that remains in operation for
more than 3 consecutive months shall fully comply with the
requirements listed in Exhibit 1 of the Flores Settlement
Agreement, regardless of the status of the underlying
settlement agreement, as well as the standard staffing ratio
requirements for youth care workers, mental health providers,
and clinicians to children that permanent facilities are
required to meet, including those in section 4.4.1 of the
Office of Refugee Resettlement's (ORR) Policies and Procedures
Guide for ``Children Entering the United States
Unaccompanied'';
(2) the Secretary of Health and Human Services may grant a
1-month waiver for an influx facility's non-compliance with
paragraph (1) if the Secretary certifies and provides a report
to Congress on the facility's good-faith efforts and progress
towards compliance;
(3) not more than three consecutive waivers under paragraph
(2) may be granted to any one facility;
(4) ORR shall ensure full adherence to the monitoring
requirements set forth in sections 5.5 and 3.3.16 of its
Policies and Procedures Guide; and
(5) for any such influx facility in operation for more than
3 consecutive months, ORR shall conduct a minimum of one
comprehensive monitoring visit during the first 3 months of
operation, with quarterly monitoring visits thereafter.
Sec. 235. Not later than 14 days after the date of enactment of
this Act, and weekly thereafter, the Secretary of Health and Human
Services shall submit to the Committees on Appropriations of the House
of Representatives and the Senate, and make publicly available online,
a report with respect to children who were separated from their parents
or legal guardians by the Department of Homeland Security (DHS)
(regardless of whether or not such separation was pursuant to an option
selected by the children, parents, or guardians), subsequently
classified as unaccompanied alien children, and transferred to the care
and custody of the Office of Refugee Resettlement of the Department of
Health and Human Services (ORR) during the previous week. Each report
shall contain the following information:
(1) The number and ages of children so separated at or
between ports of entry, to be reported by sector where
separation occurred.
(2) The documented cause of separation, as reported by DHS
when each child was referred.
(3) The custody status of the parents or legal guardians
from whom the child was separated.
Sec. 236. (a) None of the funds made available by this Act may be
awarded to any organization, including under the Federal Foster Care
program under part E of title IV of the Social Security Act, that does
not comply with subsections (c) and (d) of section 75.300 of title 45,
Code of Federal Regulations (prohibiting discrimination on the basis of
age, disability, sex, race, color, national origin, religion, gender
identity, or sexual orientation).
(b) None of the funds made available by this Act may be used by the
Department of Health and Human Services to grant an exception from
either such subsection for any Federal grantee.
Sec. 237. Funds appropriated under this Act, any previous
appropriations Act, or the Patient Protection and Affordable Care Act
that are available for salaries and expenses of employees of the
Department of Health and Human Services shall also remain available for
obligation for the primary and secondary schooling of eligible
dependents of HHS personnel stationed in the Commonwealth of Puerto
Rico, the Commonwealth of the Northern Mariana Islands, and other
territories or possessions of the United States at costs not in excess
of those paid for or reimbursed by the Department of Defense.
Sec. 238. None of the funds made available by this Act may be used
to implement, enforce, or otherwise give effect to the revision to
section 447.10 of title 42, Code of Federal Regulations, contained in
the proposed rule entitled ``Medicaid Program; Reassignment of Medicaid
Provider Claims'' (83 Fed. Reg. 32252 (July 12, 2018)).
Sec. 239. None of the funds appropriated in this bill or otherwise
made available to the Department of Health and Human Services shall be
used to publish the proposed regulation in the Fall 2018 Unified Agenda
of Regulatory and Deregulatory Actions relating to the Medicaid
Nonemergency Medical Transportation benefit for Medicaid beneficiaries
expected to be published for comment in May 2019 and promulgated in
Fall 2019 (RIN: 0938-AT81).
Sec. 240. None of the funds made available by this Act may be used
to finalize, implement, or enforce the rule entitled ``Protecting
Statutory Conscience Rights in Health Care; Delegations of Authority''
issued by the Department of Health and Human Services (RIN 0945-AA10).
This title may be cited as the ``Department of Health and Human
Services Appropriations Act, 2020''.
TITLE III
DEPARTMENT OF EDUCATION
Education for the Disadvantaged
For carrying out title I and subpart 2 of part B of title II of the
Elementary and Secondary Education Act of 1965 (referred to in this Act
as ``ESEA'') and section 418A of the Higher Education Act of 1965
(referred to in this Act as ``HEA''), $17,563,802,000 (increased by
$1,000,000) (reduced by $1,000,000), of which $6,638,625,000 shall
become available on July 1, 2020, and shall remain available through
September 30, 2021, and of which $10,841,177,000 shall become available
on October 1, 2020, and shall remain available through September 30,
2021, for academic year 2020-2021: Provided, That $6,459,401,000 shall
be for basic grants under section 1124 of the ESEA: Provided further,
That up to $5,000,000 of these funds shall be available to the
Secretary of Education (referred to in this title as ``Secretary'') on
October 1, 2019, to obtain annually updated local educational agency-
level census poverty data from the Bureau of the Census: Provided
further, That $1,362,301,000 shall be for concentration grants under
section 1124A of the ESEA: Provided further, That $4,519,050,000 shall
be for targeted grants under section 1125 of the ESEA: Provided
further, That $4,519,050,000 shall be for education finance incentive
grants under section 1125A of the ESEA: Provided further, That
$224,000,000 shall be for carrying out subpart 2 of part B of title II:
Provided further, That $50,000,000 shall be for carrying out section
418A of the HEA.
Impact Aid
For carrying out programs of financial assistance to federally
affected schools authorized by title VII of the ESEA, $1,498,112,000,
of which $1,351,242,000 shall be for basic support payments under
section 7003(b), $48,316,000 shall be for payments for children with
disabilities under section 7003(d), $17,406,000, shall be for
construction under section 7007(a), $76,313,000 shall be for Federal
property payments under section 7002, and $4,835,000, to remain
available until expended, shall be for facilities maintenance under
section 7008: Provided, That for purposes of computing the amount of a
payment for an eligible local educational agency under section 7003(a)
for school year 2019-2020, children enrolled in a school of such agency
that would otherwise be eligible for payment under section
7003(a)(1)(B) of such Act, but due to the deployment of both parents or
legal guardians, or a parent or legal guardian having sole custody of
such children, or due to the death of a military parent or legal
guardian while on active duty (so long as such children reside on
Federal property as described in section 7003(a)(1)(B)), are no longer
eligible under such section, shall be considered as eligible students
under such section, provided such students remain in average daily
attendance at a school in the same local educational agency they
attended prior to their change in eligibility status.
School Improvement Programs
For carrying out school improvement activities authorized by part B
of title I, part A of title II, subpart 1 of part A of title IV, part B
of title IV, part B of title V, and parts B and C of title VI of the
ESEA; the McKinney-Vento Homeless Assistance Act; section 203 of the
Educational Technical Assistance Act of 2002; the Compact of Free
Association Amendments Act of 2003; and the Civil Rights Act of 1964,
$6,016,470,000, of which $4,174,902,000 shall become available on July
1, 2020, and remain available through September 30, 2021, and of which
$1,681,441,000 shall become available on October 1, 2020, and shall
remain available through September 30, 2021, for academic year 2020-
2021: Provided, That $378,000,000 shall be for part B of title I:
Provided further, That $1,321,673,000 shall be for part B of title IV:
Provided further, That $40,000,000 shall be for part B of title VI and
may be used for construction, renovation, and modernization of any
elementary school, secondary school, or structure related to an
elementary school or secondary school, run by the Department of
Education of the State of Hawaii, that serves a predominantly Native
Hawaiian student body: Provided further, That $36,453,000 shall be for
part C of title VI and shall be awarded on a competitive basis, and
also may be used for construction: Provided further, That $60,400,000
shall be available to carry out section 203 of the Educational
Technical Assistance Act of 2002 and the Secretary shall make such
arrangements as determined to be necessary to ensure that the Bureau of
Indian Education has access to services provided under this section:
Provided further, That $16,699,000 shall be available to carry out the
Supplemental Education Grants program for the Federated States of
Micronesia and the Republic of the Marshall Islands: Provided further,
That the Secretary may reserve up to 5 percent of the amount referred
to in the previous proviso to provide technical assistance in the
implementation of these grants: Provided further, That $180,840,000
shall be for part B of title V: Provided further, That $1,320,000,000
shall be available for grants under subpart 1 of part A of title IV.
Indian Education
For expenses necessary to carry out, to the extent not otherwise
provided, title VI, part A of the ESEA, $186,374,000, of which
$67,993,000 shall be for subpart 2 of part A of title VI and
$13,000,000 shall be for subpart 3 of part A of title VI.
Innovation and Improvement
For carrying out activities authorized by subparts 1, 3 and 4 of
part B of title II, and parts C, D, and E and subparts 1 and 4 of part
F of title IV of the ESEA, $1,223,815,000 (increased by $500,000):
Provided, That $304,815,000 (increased by $500,000) shall be for
subparts 1, 3 and 4 of part B of title II and shall be made available
without regard to sections 2201, 2231(b) and 2241: Provided further,
That $619,000,000 (reduced by $1,000,000) (increased by $1,000,000)
shall be for parts C, D, and E and subpart 4 of part F of title IV, and
shall be made available without regard to sections 4311, 4409(a), and
4601 of the ESEA: Provided further, That notwithstanding section
4601(b), $300,000,000 shall be available through December 31, 2020 for
subpart 1 of part F of title IV, of which $170,000,000 shall be for
social and emotional learning grants, and $125,000,000 shall be used
for science, technology, engineering, arts, and mathematics, including
computer science education grants.
Safe Schools and Citizenship Education
For carrying out activities authorized by subparts 2 and 3 of part
F of title IV of the ESEA, $240,000,000 (reduced by $5,000,000)
(increased by $5,000,000) (increased by $80,000,000): Provided, That
$120,000,000 (increased by $80,000,000) shall be available for section
4631, of which up to $10,000,000, to remain available until expended,
shall be for the Project School Emergency Response to Violence (Project
SERV) program: Provided further, That $40,000,000 shall be available
for section 4625: Provided further, That $80,000,000 shall be available
through December 31, 2020, for section 4624.
English Language Acquisition
For carrying out part A of title III of the ESEA, $980,000,000,
which shall become available on July 1, 2020, and shall remain
available through September 30, 2021, except that 6.5 percent of such
amount shall be available on October 1, 2019, and shall remain
available through September 30, 2021, to carry out activities under
section 3111(c)(1)(C).
Special Education
For carrying out the Individuals with Disabilities Education Act
(IDEA) and the Special Olympics Sport and Empowerment Act of 2004,
$14,523,544,000 (reduced by $1,000,000) (increased by $1,000,000), of
which $4,975,709,000 shall become available on July 1, 2020, and shall
remain available through September 30, 2021, and of which
$9,283,383,000 shall become available on October 1, 2020, and shall
remain available through September 30, 2021, for academic year 2020-
2021: Provided, That the amount for section 611(b)(2) of the IDEA shall
be equal to the lesser of the amount available for that activity during
fiscal year 2019, increased by the amount of inflation as specified in
section 619(d)(2)(B) of the IDEA, or the percent change in the funds
appropriated under section 611(i) of the IDEA, but not less than the
amount for that activity during fiscal year 2019: Provided further,
That the Secretary shall, without regard to section 611(d) of the IDEA,
distribute to all other States (as that term is defined in section
611(g)(2)), subject to the third proviso, any amount by which a State's
allocation under section 611, from funds appropriated under this
heading, is reduced under section 612(a)(18)(B), according to the
following: 85 percent on the basis of the States' relative populations
of children aged 3 through 21 who are of the same age as children with
disabilities for whom the State ensures the availability of a free
appropriate public education under this part, and 15 percent to States
on the basis of the States' relative populations of those children who
are living in poverty: Provided further, That the Secretary may not
distribute any funds under the previous proviso to any State whose
reduction in allocation from funds appropriated under this heading made
funds available for such a distribution: Provided further, That the
States shall allocate such funds distributed under the second proviso
to local educational agencies in accordance with section 611(f):
Provided further, That the amount by which a State's allocation under
section 611(d) of the IDEA is reduced under section 612(a)(18)(B) and
the amounts distributed to States under the previous provisos in fiscal
year 2012 or any subsequent year shall not be considered in calculating
the awards under section 611(d) for fiscal year 2013 or for any
subsequent fiscal years: Provided further, That, notwithstanding the
provision in section 612(a)(18)(B) regarding the fiscal year in which a
State's allocation under section 611(d) is reduced for failure to
comply with the requirement of section 612(a)(18)(A), the Secretary may
apply the reduction specified in section 612(a)(18)(B) over a period of
consecutive fiscal years, not to exceed five, until the entire
reduction is applied: Provided further, That the Secretary may, in any
fiscal year in which a State's allocation under section 611 is reduced
in accordance with section 612(a)(18)(B), reduce the amount a State may
reserve under section 611(e)(1) by an amount that bears the same
relation to the maximum amount described in that paragraph as the
reduction under section 612(a)(18)(B) bears to the total allocation the
State would have received in that fiscal year under section 611(d) in
the absence of the reduction: Provided further, That the Secretary
shall either reduce the allocation of funds under section 611 for any
fiscal year following the fiscal year for which the State fails to
comply with the requirement of section 612(a)(18)(A) as authorized by
section 612(a)(18)(B), or seek to recover funds under section 452 of
the General Education Provisions Act (20 U.S.C. 1234a): Provided
further, That the funds reserved under 611(c) of the IDEA may be used
to provide technical assistance to States to improve the capacity of
the States to meet the data collection requirements of sections 616 and
618 and to administer and carry out other services and activities to
improve data collection, coordination, quality, and use under parts B
and C of the IDEA: Provided further, That the Secretary may use funds
made available for the State Personnel Development Grants program under
part D, subpart 1 of IDEA to evaluate program performance under such
subpart: Provided further, That States may use funds reserved for other
State-level activities under sections 611(e)(2) and 619(f) of the IDEA
to make subgrants to local educational agencies, institutions of higher
education, other public agencies, and private non-profit organizations
to carry out activities authorized by those sections: Provided further,
That, notwithstanding section 643(e)(2)(A) of the IDEA, if 5 or fewer
States apply for grants pursuant to section 643(e) of such Act, the
Secretary shall provide a grant to each State in an amount equal to the
maximum amount described in section 643(e)(2)(B) of such Act: Provided
further, That if more than 5 States apply for grants pursuant to
section 643(e) of the IDEA, the Secretary shall award funds to those
States on the basis of the States' relative populations of infants and
toddlers except that no such State shall receive a grant in excess of
the amount described in section 643(e)(2)(B) of such Act.
Rehabilitation Services
For carrying out, to the extent not otherwise provided, the
Rehabilitation Act of 1973 and the Helen Keller National Center Act,
$3,752,076,000, of which $3,610,040,000 shall be for grants for
vocational rehabilitation services under title I of the Rehabilitation
Act: Provided, That the Secretary may use amounts provided in this Act
that remain available subsequent to the reallotment of funds to States
pursuant to section 110(b) of the Rehabilitation Act for innovative
activities aimed at improving the outcomes of individuals with
disabilities as defined in section 7(20)(B) of the Rehabilitation Act,
including activities aimed at improving the education and post-school
outcomes of children receiving Supplemental Security Income (``SSI'')
and their families that may result in long-term improvement in the SSI
child recipient's economic status and self-sufficiency: Provided
further, That States may award subgrants for a portion of the funds to
other public and private, nonprofit entities: Provided further, That
any funds made available subsequent to reallotment for innovative
activities aimed at improving the outcomes of individuals with
disabilities shall remain available until September 30, 2021.
Special Institutions for Persons With Disabilities
american printing house for the blind
For carrying out the Act to Promote the Education of the Blind of
March 3, 1879, $39,000,000.
national technical institute for the deaf
For the National Technical Institute for the Deaf under titles I
and II of the Education of the Deaf Act of 1986, $80,000,000: Provided,
That from the total amount available, the Institute may at its
discretion use funds for the endowment program as authorized under
section 207 of such Act.
gallaudet university
For the Kendall Demonstration Elementary School, the Model
Secondary School for the Deaf, and the partial support of Gallaudet
University under titles I and II of the Education of the Deaf Act of
1986, $138,361,000: Provided, That from the total amount available, the
University may at its discretion use funds for the endowment program as
authorized under section 207 of such Act.
Career, Technical, and Adult Education
For carrying out, to the extent not otherwise provided, the Carl D.
Perkins Career and Technical Education Act of 2006 (Perkins Act), and
the Adult Education and Family Literacy Act (AEFLA), $2,003,133,000
(reduced by $1,000,000) (increased by $1,000,000), of which
$1,212,133,000 shall become available on July 1, 2020, and shall remain
available through September 30, 2021, and of which $791,000,000 shall
become available on October 1, 2020, and shall remain available through
September 30, 2021: Provided, That of the amounts made available for
the AEFLA, $13,712,000 shall be for national leadership activities
under section 242.
Student Financial Assistance
For carrying out subparts 1, 3, and 10 of part A, and part C of
title IV of the HEA, $24,937,352,000, which shall remain available
through September 30, 2021.
The maximum Pell Grant for which a student shall be eligible during
award year 2020-2021 shall be $5,285.
Student Aid Administration
For Federal administrative expenses to carry out part D of title I,
and subparts 1, 3, 9, and 10 of part A, and parts B, C, D, and E of
title IV of the HEA, and subpart 1 of part A of title VII of the Public
Health Service Act, $1,678,943,000, to remain available through
September 30, 2021: Provided, That the Secretary shall allocate new
student loan borrower accounts to eligible student loan servicers on
the basis of their past performance compared to all loan servicers,
utilizing established common metrics, and on the basis of the capacity
of each servicer to process new and existing accounts and compliance
with Federal and State law: Provided further, That for student loan
contracts awarded prior to October 1, 2017, the Secretary shall allow
student loan borrowers who are consolidating Federal student loans to
select from any student loan servicer to service their new consolidated
student loan: Provided further, That in order to promote accountability
and high-quality service to borrowers, the Secretary shall not award
funding for any contract solicitation for a new Federal student loan
servicing environment, including the solicitation for the FSA Next
Generation Processing and Servicing Environment, unless such an
environment provides for the participation of multiple student loan
servicers that contract directly with the Department of Education:
Provided further, That the FSA Next Generation Processing and Servicing
Environment, or any new Federal student loan servicing environment,
shall include accountability measures that account for the performance
of the portfolio and contractor compliance with Federal Student Aid
(FSA) guidelines: Provided further, That FSA shall ensure that
contracts for the Next Generation Processing and Servicing Environment,
or any new Federal loan servicing environment, incentivize more support
to borrowers at risk of delinquency or default: Provided further, That
the Secretary shall provide quarterly briefings to the Committees on
Appropriations and Education and Labor of the House of Representatives
and the Committees on Appropriations and Health, Education, Labor, and
Pensions of the Senate on general progress related to solicitations for
Federal student loan servicing contracts.
Higher Education
For carrying out, to the extent not otherwise provided, titles II,
III, IV, V, VI, and VII of the HEA, the Mutual Educational and Cultural
Exchange Act of 1961, and section 117 of the Perkins Act,
$2,748,533,000 (reduced by $10,000,000) (increased by $10,000,000)
(increased by $500,000): Provided, That notwithstanding any other
provision of law, funds made available in this Act to carry out title
VI of the HEA and section 102(b)(6) of the Mutual Educational and
Cultural Exchange Act of 1961 may be used to support visits and study
in foreign countries by individuals who are participating in advanced
foreign language training and international studies in areas that are
vital to United States national security and who plan to apply their
language skills and knowledge of these countries in the fields of
government, the professions, or international development: Provided
further, That of the funds referred to in the preceding proviso up to 1
percent may be used for program evaluation, national outreach, and
information dissemination activities: Provided further, That up to 1.5
percent of the funds made available under chapter 2 of subpart 2 of
part A of title IV of the HEA may be used for evaluation.
Howard University
For partial support of Howard University, $250,000,000, of which
not less than $3,405,000 shall be for a matching endowment grant
pursuant to the Howard University Endowment Act and shall remain
available until expended.
College Housing and Academic Facilities Loans Program
For Federal administrative expenses to carry out activities related
to existing facility loans pursuant to section 121 of the HEA,
$435,000.
Historically Black College and University Capital Financing Program
Account
For the cost of guaranteed loans, $20,150,000, as authorized
pursuant to part D of title III of the HEA, which shall remain
available through September 30, 2021: Provided, That such costs,
including the cost of modifying such loans, shall be as defined in
section 502 of the Congressional Budget Act of 1974: Provided further,
That these funds are available to subsidize total loan principal, any
part of which is to be guaranteed, not to exceed $212,100,000: Provided
further, That these funds may be used to support loans to public and
private Historically Black Colleges and Universities without regard to
the limitations within section 344(a) of the HEA.
In addition, $20,000,000 shall be made available to provide for the
deferment of loans made under part D of title III of the HEA to
eligible institutions that are private Historically Black Colleges and
Universities, which apply for the deferment of such a loan and
demonstrate financial need for such deferment by having a score of 2.6
or less on the Department of Education's financial responsibility test:
Provided, That during the period of deferment of such a loan, interest
on the loan will not accrue or be capitalized, and the period of
deferment shall be for at least a period of 3-fiscal years and not more
than 6-fiscal years: Provided further, That funds available under this
paragraph shall be used to fund eligible deferment requests submitted
for this purpose in fiscal year 2018: Provided further, That the
Secretary shall create and execute an outreach plan to work with States
and the Capital Financing Advisory Board to improve outreach to States
and help additional public Historically Black Colleges and Universities
participate in the program.
In addition, $10,000,000 shall be made available to provide for the
deferment of loans made under part D of title III of the HEA to
eligible institutions that are public Historically Black Colleges and
Universities, which apply for the deferment of such a loan and
demonstrate financial need for such deferment, which shall be
determined by the Secretary of Education based on factors including,
but not limited to, equal to or greater than 5 percent of the school's
annual revenue from the previous fiscal year relative to its debt
service: Provided, That during the period of deferment of such a loan,
interest on the loan will not accrue or be capitalized, and the period
of deferment shall be for at least a period of 3-fiscal years and not
more than 6-fiscal years.
In addition, for administrative expenses to carry out the
Historically Black College and University Capital Financing Program
entered into pursuant to part D of title III of the HEA, $334,000.
Institute of Education Sciences
For carrying out activities authorized by the Education Sciences
Reform Act of 2002, the National Assessment of Educational Progress
Authorization Act, section 208 of the Educational Technical Assistance
Act of 2002, and section 664 of the Individuals with Disabilities
Education Act, $650,000,000, which shall remain available through
September 30, 2021: Provided, That funds available to carry out section
208 of the Educational Technical Assistance Act may be used to link
Statewide elementary and secondary data systems with early childhood,
postsecondary, and workforce data systems, or to further develop such
systems: Provided further, That up to $6,000,000 of the funds available
to carry out section 208 of the Educational Technical Assistance Act
may be used for awards to public or private organizations or agencies
to support activities to improve data coordination, quality, and use at
the local, State, and national levels.
Departmental Management
program administration
For carrying out, to the extent not otherwise provided, the
Department of Education Organization Act, including rental of
conference rooms in the District of Columbia and hire of three
passenger motor vehicles, $430,000,000 (reduced by $500,000) (reduced
by $500,000) (reduced by $5,000,000): Provided, That, notwithstanding
any other provision of law, none of the funds provided by this Act or
provided by previous Appropriations Acts to the Department of Education
available for obligation or expenditure in the current fiscal year may
be used for any activity relating to implementing a reorganization that
decentralizes, reduces the staffing level, or alters the
responsibilities, structure, authority, or functionality of the Budget
Service of the Department of Education, relative to the organization
and operation of the Budget Service as in effect on January 1, 2018.
office for civil rights
For expenses necessary for the Office for Civil Rights, as
authorized by section 203 of the Department of Education Organization
Act, $130,000,000.
office of inspector general
For expenses necessary for the Office of Inspector General, as
authorized by section 212 of the Department of Education Organization
Act, $63,418,000 (increased by $4,000,000).
General Provisions
Sec. 301. No funds appropriated in this Act may be used to prevent
the implementation of programs of voluntary prayer and meditation in
the public schools.
(transfer of funds)
Sec. 302. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control Act of
1985) which are appropriated for the Department of Education in this
Act may be transferred between appropriations, but no such
appropriation shall be increased by more than 3 percent by any such
transfer: Provided, That the transfer authority granted by this section
shall be available only to meet emergency needs and shall not be used
to create any new program or to fund any project or activity for which
no funds are provided in this Act: Provided further, That the
Committees on Appropriations of the House of Representatives and the
Senate are notified at least 15 days in advance of any transfer.
Sec. 303. Funds appropriated in this Act and consolidated for
evaluation purposes under section 8601(c) of the ESEA shall be
available from July 1, 2020, through September 30, 2021.
Sec. 304. (a) An institution of higher education that maintains an
endowment fund supported with funds appropriated for title III or V of
the HEA for fiscal year 2020 may use the income from that fund to award
scholarships to students, subject to the limitation in section
331(c)(3)(B)(i) of the HEA. The use of such income for such purposes,
prior to the enactment of this Act, shall be considered to have been an
allowable use of that income, subject to that limitation.
(b) Subsection (a) shall be in effect until titles III and V of the
HEA are reauthorized.
Sec. 305. Section 114(f) of the HEA (20 U.S.C. 1011c(f)) is
amended by striking ``2019'' and inserting ``2020''.
Sec. 306. Section 458(a) of the HEA (20 U.S.C. 1087h(a)) is
amended in paragraph (4) by striking ``2019'' and inserting ``2020''.
Sec. 307. Funds appropriated in this Act under the heading
``Student Aid Administration'' may be available for payments for
student loan servicing to an institution of higher education that
services outstanding Federal Perkins Loans under part E of title IV of
the Higher Education Act of 1965 (20 U.S.C. 1087aa et seq.).
(rescission)
Sec. 308. Section 401(b)(7)(A)(iv)(X) of the Higher Education Act
of 1965 (20 U.S.C. 1070a(b)(7)(A)(iv)(X)) is amended by striking
``$1,430,000,000'' and inserting ``$1,380,000,000''.
Sec. 309. (a) An institution of higher education may, with explicit
written consent of an applicant who has completed a FAFSA under such
section 483(a), provide such information collected from the applicant's
FAFSA as is necessary to a scholarship granting organization, including
a tribal organization (defined in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304)), or to an
organization assisting the applicant in applying for and receiving
Federal, State, local, or tribal assistance, that is designated by the
applicant to assist the applicant in applying for and receiving
financial assistance for any component of the applicant's cost of
attendance (defined in section 472 of the HEA) at that institution.
(b) An organization that receives information pursuant to
subsection (a) shall not sell or otherwise share such information.
(c) This section shall be in effect until title IV of the HEA is
reauthorized.
Sec. 310. For an additional amount for ``Department of Education--
Federal Direct Student Loan Program Account'', $350,000,000, to remain
available until expended, shall be for the cost, as defined under
section 502 of the Congressional Budget Act of 1974, of the Secretary
of Education providing loan cancellation in the same manner as under
section 455(m) of the Higher Education Act of 1965 (20 U.S.C.
1087e(m)), for borrowers of loans made under part D of title IV of such
Act who would qualify for loan cancellation under section 455(m) except
some, or all, of the 120 required payments under section 455(m)(1)(A)
do not qualify for purposes of the program because they were monthly
payments made in accordance with graduated or extended repayment plans
as described under subparagraph (B) or (C) of section 455(d)(1) or the
corresponding repayment plan for a consolidation loan made under
section 455(g) and that were less than the amount calculated under
section 455(d)(1)(A), based on a 10-year repayment period: Provided,
That the total loan volume, including outstanding principal, fees,
capitalized interest, or accrued interest, at application that is
eligible for such loan cancellation by such borrowers shall not exceed
$500,000,000: Provided further, That the Secretary shall develop and
make available a simple method for borrowers to apply for loan
cancellation under this section within 60 days of enactment of this
Act: Provided further, That the Secretary shall provide loan
cancellation under this section to eligible borrowers on a first-come,
first-serve basis, based on the date of application and subject to both
the limitation on total loan volume at application for such loan
cancellation specified in the first proviso and the availability of
appropriations under this section: Provided further, That no borrower
may, for the same service, receive a reduction of loan obligations
under both this section and section 428J, 428K, 428L, or 460 of such
Act: Provided further, That the Secretary shall inform all borrowers
who have submitted an Employment Certification Form and are in the
incorrect repayment program about the Temporary Expanded Public Service
Loan Forgiveness Program and requirements for qualification under the
program.
Sec. 311. Of the amounts made available under this title under the
heading ``Student Aid Administration'', $2,300,000 shall be used by the
Secretary of Education to conduct outreach to borrowers of loans made
under part D of title IV of the Higher Education Act of 1965 who may
intend to qualify for loan cancellation under section 455(m) of such
Act (20 U.S.C. 1087e(m)), to ensure that borrowers are meeting the
terms and conditions of such loan cancellation: Provided, That the
Secretary shall specifically conduct outreach to assist borrowers who
would qualify for loan cancellation under section 455(m) of such Act
except that the borrower has made some, or all, of the 120 required
payments under a repayment plan that is not described under section
455(m)(A) of such Act, to encourage borrowers to enroll in a qualifying
repayment plan: Provided further, That the Secretary shall also
communicate to all Direct Loan borrowers the full requirements of
section 455(m) of such Act and improve the filing of employment
certification by providing improved outreach and information such as
outbound calls, electronic communications, ensuring prominent access to
program requirements and benefits on each servicer's website, and
creating an option for all borrowers to complete the entire payment
certification process electronically and on a centralized website.
This title may be cited as the ``Department of Education
Appropriations Act, 2020''.
TITLE IV
RELATED AGENCIES
Committee for Purchase From People Who Are Blind or Severely Disabled
salaries and expenses
For expenses necessary for the Committee for Purchase From People
Who Are Blind or Severely Disabled (referred to in this title as ``the
Committee'') established under section 8502 of title 41, United States
Code, $9,000,000: Provided, That in order to authorize any central
nonprofit agency designated pursuant to section 8503(c) of title 41,
United States Code, to perform requirements of the Committee as
prescribed under section 51-3.2 of title 41, Code of Federal
Regulations, the Committee shall enter into a written agreement with
any such central nonprofit agency: Provided further, That such
agreement shall contain such auditing, oversight, and reporting
provisions as necessary to implement chapter 85 of title 41, United
States Code: Provided further, That such agreement shall include the
elements listed under the heading ``Committee For Purchase From People
Who Are Blind or Severely Disabled--Written Agreement Elements'' in the
explanatory statement described in section 4 of Public Law 114-113 (in
the matter preceding division A of that consolidated Act): Provided
further, That any such central nonprofit agency may not charge a fee
under section 51-3.5 of title 41, Code of Federal Regulations, prior to
executing a written agreement with the Committee: Provided further,
That no less than $1,650,000 shall be available for the Office of
Inspector General.
Corporation for National and Community Service
operating expenses
For necessary expenses for the Corporation for National and
Community Service (referred to in this title as ``CNCS'') to carry out
the Domestic Volunteer Service Act of 1973 (referred to in this title
as ``1973 Act'') and the National and Community Service Act of 1990
(referred to in this title as ``1990 Act''), $829,665,000,
notwithstanding sections 198B(b)(3), 198S(g), 501(a)(4)(C), and
501(a)(4)(F) of the 1990 Act: Provided, That of the amounts provided
under this heading: (1) up to 1 percent of program grant funds may be
used to defray the costs of conducting grant application reviews,
including the use of outside peer reviewers and electronic management
of the grants cycle; (2) $17,538,000 shall be available to provide
assistance to State commissions on national and community service,
under section 126(a) of the 1990 Act and notwithstanding section
501(a)(5)(B) of the 1990 Act; (3) $33,000,000 shall be available to
carry out subtitle E of the 1990 Act; and (4) $6,400,000 shall be
available for expenses authorized under section 501(a)(4)(F) of the
1990 Act, which, notwithstanding the provisions of section 198P shall
be awarded by CNCS on a competitive basis: Provided further, That for
the purposes of carrying out the 1990 Act, satisfying the requirements
in section 122(c)(1)(D) may include a determination of need by the
local community.
payment to the national service trust
(including transfer of funds)
For payment to the National Service Trust established under
subtitle D of title I of the 1990 Act, $218,691,000, to remain
available until expended: Provided, That CNCS may transfer additional
funds from the amount provided within ``Operating Expenses'' allocated
to grants under subtitle C of title I of the 1990 Act to the National
Service Trust upon determination that such transfer is necessary to
support the activities of national service participants and after
notice is transmitted to the Committees on Appropriations of the House
of Representatives and the Senate: Provided further, That amounts
appropriated for or transferred to the National Service Trust may be
invested under section 145(b) of the 1990 Act without regard to the
requirement to apportion funds under 31 U.S.C. 1513(b).
salaries and expenses
For necessary expenses of administration as provided under section
501(a)(5) of the 1990 Act and under section 504(a) of the 1973 Act,
including payment of salaries, authorized travel, hire of passenger
motor vehicles, the rental of conference rooms in the District of
Columbia, the employment of experts and consultants authorized under 5
U.S.C. 3109, and not to exceed $2,500 for official reception and
representation expenses, $83,737,000.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, $6,013,000.
administrative provisions
Sec. 401. CNCS shall make any significant changes to program
requirements, service delivery or policy only through public notice and
comment rulemaking. For fiscal year 2020, during any grant selection
process, an officer or employee of CNCS shall not knowingly disclose
any covered grant selection information regarding such selection,
directly or indirectly, to any person other than an officer or employee
of CNCS that is authorized by CNCS to receive such information.
Sec. 402. AmeriCorps programs receiving grants under the National
Service Trust program shall meet an overall minimum share requirement
of 24 percent for the first 3 years that they receive AmeriCorps
funding, and thereafter shall meet the overall minimum share
requirement as provided in section 2521.60 of title 45, Code of Federal
Regulations, without regard to the operating costs match requirement in
section 121(e) or the member support Federal share limitations in
section 140 of the 1990 Act, and subject to partial waiver consistent
with section 2521.70 of title 45, Code of Federal Regulations.
Sec. 403. Donations made to CNCS under section 196 of the 1990 Act
for the purposes of financing programs and operations under titles I
and II of the 1973 Act or subtitle B, C, D, or E of title I of the 1990
Act shall be used to supplement and not supplant current programs and
operations.
Sec. 404. In addition to the requirements in section 146(a) of the
1990 Act, use of an educational award for the purpose described in
section 148(a)(4) shall be limited to individuals who are veterans as
defined under section 101 of the Act.
Sec. 405. For the purpose of carrying out section 189D of the 1990
Act--
(1) entities described in paragraph (a) of such section
shall be considered ``qualified entities'' under section 3 of
the National Child Protection Act of 1993 (``NCPA'');
(2) individuals described in such section shall be
considered ``volunteers'' under section 3 of NCPA; and
(3) State Commissions on National and Community Service
established pursuant to section 178 of the 1990 Act, are
authorized to receive criminal history record information,
consistent with Public Law 92-544.
Sec. 406. Notwithstanding sections 139(b), 146 and 147 of the 1990
Act, an individual who successfully completes a term of service of not
less than 1,200 hours during a period of not more than 1 year may
receive a national service education award having a value of 70 percent
of the value of a national service education award determined under
section 147(a) of the Act.
Corporation for Public Broadcasting
For payment to the Corporation for Public Broadcasting (``CPB''),
as authorized by the Communications Act of 1934, an amount which shall
be available within limitations specified by that Act, for the fiscal
year 2022, $495,000,000: Provided, That none of the funds made
available to CPB by this Act shall be used to pay for receptions,
parties, or similar forms of entertainment for Government officials or
employees: Provided further, That none of the funds made available to
CPB by this Act shall be available or used to aid or support any
program or activity from which any person is excluded, or is denied
benefits, or is discriminated against, on the basis of race, color,
national origin, religion, or sex: Provided further, That none of the
funds made available to CPB by this Act shall be used to apply any
political test or qualification in selecting, appointing, promoting, or
taking any other personnel action with respect to officers, agents, and
employees of CPB.
In addition, for the costs associated with replacing and upgrading
the public broadcasting interconnection system and other technologies
and services that create infrastructure and efficiencies within the
public media system, $20,000,000.
Federal Mediation and Conciliation Service
salaries and expenses
For expenses necessary for the Federal Mediation and Conciliation
Service (``Service'') to carry out the functions vested in it by the
Labor-Management Relations Act, 1947, including hire of passenger motor
vehicles; for expenses necessary for the Labor-Management Cooperation
Act of 1978; and for expenses necessary for the Service to carry out
the functions vested in it by the Civil Service Reform Act,
$48,200,000, including up to $900,000 to remain available through
September 30, 2021, for activities authorized by the Labor-Management
Cooperation Act of 1978: Provided, That notwithstanding 31 U.S.C. 3302,
fees charged, up to full-cost recovery, for special training activities
and other conflict resolution services and technical assistance,
including those provided to foreign governments and international
organizations, and for arbitration services shall be credited to and
merged with this account, and shall remain available until expended:
Provided further, That fees for arbitration services shall be available
only for education, training, and professional development of the
agency workforce: Provided further, That the Director of the Service is
authorized to accept and use on behalf of the United States gifts of
services and real, personal, or other property in the aid of any
projects or functions within the Director's jurisdiction.
Federal Mine Safety and Health Review Commission
salaries and expenses
For expenses necessary for the Federal Mine Safety and Health
Review Commission, $17,184,000.
Institute of Museum and Library Services
office of museum and library services: grants and administration
For carrying out the Museum and Library Services Act of 1996 and
the National Museum of African American History and Culture Act,
$267,000,000.
Medicaid and Chip Payment and Access Commission
salaries and expenses
For expenses necessary to carry out section 1900 of the Social
Security Act, $8,480,000.
Medicare Payment Advisory Commission
salaries and expenses
For expenses necessary to carry out section 1805 of the Social
Security Act, $12,645,000, to be transferred to this appropriation from
the Federal Hospital Insurance Trust Fund and the Federal Supplementary
Medical Insurance Trust Fund.
National Council on Disability
salaries and expenses
For expenses necessary for the National Council on Disability as
authorized by title IV of the Rehabilitation Act of 1973, $3,450,000.
National Labor Relations Board
salaries and expenses
For expenses necessary for the National Labor Relations Board to
carry out the functions vested in it by the Labor-Management Relations
Act, 1947, and other laws, $341,500,000.
National Mediation Board
salaries and expenses
For expenses necessary to carry out the provisions of the Railway
Labor Act, including emergency boards appointed by the President,
$15,800,000.
Occupational Safety and Health Review Commission
salaries and expenses
For expenses necessary for the Occupational Safety and Health
Review Commission, $13,225,000.
Railroad Retirement Board
dual benefits payments account
For payment to the Dual Benefits Payments Account, authorized under
section 15(d) of the Railroad Retirement Act of 1974, $16,000,000,
which shall include amounts becoming available in fiscal year 2020
pursuant to section 224(c)(1)(B) of Public Law 98-76; and in addition,
an amount, not to exceed 2 percent of the amount provided herein, shall
be available proportional to the amount by which the product of
recipients and the average benefit received exceeds the amount
available for payment of vested dual benefits: Provided, That the total
amount provided herein shall be credited in 12 approximately equal
amounts on the first day of each month in the fiscal year.
federal payments to the railroad retirement accounts
For payment to the accounts established in the Treasury for the
payment of benefits under the Railroad Retirement Act for interest
earned on unnegotiated checks, $150,000, to remain available through
September 30, 2021, which shall be the maximum amount available for
payment pursuant to section 417 of Public Law 98-76.
limitation on administration
For necessary expenses for the Railroad Retirement Board
(``Board'') for administration of the Railroad Retirement Act and the
Railroad Unemployment Insurance Act, $135,500,000, to be derived in
such amounts as determined by the Board from the railroad retirement
accounts and from moneys credited to the railroad unemployment
insurance administration fund: Provided, That notwithstanding section
7(b)(9) of the Railroad Retirement Act this limitation may be used to
hire attorneys only through the excepted service: Provided further,
That the previous proviso shall not change the status under Federal
employment laws of any attorney hired by the Railroad Retirement Board
prior to January 1, 2013: Provided further, That notwithstanding
section 7(b)(9) of the Railroad Retirement Act, this limitation may be
used to hire students attending qualifying educational institutions or
individuals who have recently completed qualifying educational programs
using current excepted hiring authorities established by the Office of
Personnel Management: Provided further, That $13,460,000, to remain
available until expended, shall be used to supplement, not supplant,
existing resources devoted to operations and improvements for the
Board's Information Technology Investment Initiatives.
limitation on the office of inspector general
For expenses necessary for the Office of Inspector General for
audit, investigatory and review activities, as authorized by the
Inspector General Act of 1978, not more than $11,500,000, to be derived
from the railroad retirement accounts and railroad unemployment
insurance account.
Social Security Administration
payments to social security trust funds
For payment to the Federal Old-Age and Survivors Insurance Trust
Fund and the Federal Disability Insurance Trust Fund, as provided under
sections 201(m) and 1131(b)(2) of the Social Security Act, $11,000,000.
supplemental security income program
For carrying out titles XI and XVI of the Social Security Act,
section 401 of Public Law 92-603, section 212 of Public Law 93-66, as
amended, and section 405 of Public Law 95-216, including payment to the
Social Security trust funds for administrative expenses incurred
pursuant to section 201(g)(1) of the Social Security Act,
$41,938,540,000, to remain available until expended: Provided, That any
portion of the funds provided to a State in the current fiscal year and
not obligated by the State during that year shall be returned to the
Treasury: Provided further, That not more than $101,000,000 shall be
available for research and demonstrations under sections 1110, 1115,
and 1144 of the Social Security Act, and remain available through
September 30, 2022.
For making, after June 15 of the current fiscal year, benefit
payments to individuals under title XVI of the Social Security Act, for
unanticipated costs incurred for the current fiscal year, such sums as
may be necessary.
For making benefit payments under title XVI of the Social Security
Act for the first quarter of fiscal year 2021, $19,900,000,000, to
remain available until expended.
limitation on administrative expenses
For necessary expenses, including the hire of two passenger motor
vehicles, and not to exceed $20,000 for official reception and
representation expenses, not more than $12,940,945,000 may be expended,
as authorized by section 201(g)(1) of the Social Security Act, from any
one or all of the trust funds referred to in such section: Provided,
That $2,400,000 shall be for the Social Security Advisory Board:
Provided further, That $45,000,000 shall remain available until
expended for information technology modernization, including related
hardware and software infrastructure and equipment, and for
administrative expenses directly associated with information technology
modernization: Provided further, That $50,000,000 shall remain
available through September 30, 2021, for activities to address the
disability hearings backlog within the Office of Hearings Operations:
Provided further, That unobligated balances of funds provided under
this paragraph at the end of fiscal year 2020 not needed for fiscal
year 2020 shall remain available until expended to invest in the Social
Security Administration information technology and telecommunications
hardware and software infrastructure, including related equipment and
non-payroll administrative expenses associated solely with this
information technology and telecommunications infrastructure: Provided
further, That the Commissioner of Social Security shall notify the
Committees on Appropriations of the House of Representatives and the
Senate prior to making unobligated balances available under the
authority in the previous proviso: Provided further, That reimbursement
to the trust funds under this heading for expenditures for official
time for employees of the Social Security Administration pursuant to 5
U.S.C. 7131, and for facilities or support services for labor
organizations pursuant to policies, regulations, or procedures referred
to in section 7135(b) of such title shall be made by the Secretary of
the Treasury, with interest, from amounts in the general fund not
otherwise appropriated, as soon as possible after such expenditures are
made.
Of the total amount made available in the first paragraph under
this heading, not more than $1,582,000,000, to remain available through
March 31, 2021, is for the costs associated with continuing disability
reviews under titles II and XVI of the Social Security Act, including
work-related continuing disability reviews to determine whether
earnings derived from services demonstrate an individual's ability to
engage in substantial gainful activity, for the cost associated with
conducting redeterminations of eligibility under title XVI of the
Social Security Act, for the cost of co-operative disability
investigation units, and for the cost associated with the prosecution
of fraud in the programs and operations of the Social Security
Administration by Special Assistant United States Attorneys: Provided,
That, of such amount, $273,000,000 is provided to meet the terms of
section 251(b)(2)(B)(ii)(III) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, and $1,309,000,000 is
additional new budget authority specified for purposes of section
251(b)(2)(B) of such Act: Provided further, That, of the additional new
budget authority described in the preceding proviso, up to $10,000,000
may be transferred to the ``Office of Inspector General'', Social
Security Administration, for the cost of jointly operated co-operative
disability investigation units: Provided further, That such transfer
authority is in addition to any other transfer authority provided by
law: Provided further, That the Commissioner shall provide to the
Congress (at the conclusion of the fiscal year) a report on the
obligation and expenditure of these funds, similar to the reports that
were required by section 103(d)(2) of Public Law 104-121 for fiscal
years 1996 through 2002.
In addition, $130,000,000 to be derived from administration fees in
excess of $5.00 per supplementary payment collected pursuant to section
1616(d) of the Social Security Act or section 212(b)(3) of Public Law
93-66, which shall remain available until expended: Provided, That to
the extent that the amounts collected pursuant to such sections in
fiscal year 2020 exceed $130,000,000, the amounts shall be available in
fiscal year 2021 only to the extent provided in advance in
appropriations Acts.
In addition, up to $1,000,000 to be derived from fees collected
pursuant to section 303(c) of the Social Security Protection Act, which
shall remain available until expended.
office of inspector general
(including transfer of funds)
For expenses necessary for the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$30,000,000, together with not to exceed $75,500,000, to be transferred
and expended as authorized by section 201(g)(1) of the Social Security
Act from the Federal Old-Age and Survivors Insurance Trust Fund and the
Federal Disability Insurance Trust Fund.
In addition, an amount not to exceed 3 percent of the total
provided in this appropriation may be transferred from the ``Limitation
on Administrative Expenses'', Social Security Administration, to be
merged with this account, to be available for the time and purposes for
which this account is available: Provided, That notice of such
transfers shall be transmitted promptly to the Committees on
Appropriations of the House of Representatives and the Senate at least
15 days in advance of any transfer.
TITLE V
GENERAL PROVISIONS
(transfer of funds)
Sec. 501. The Secretaries of Labor, Health and Human Services, and
Education are authorized to transfer unexpended balances of prior
appropriations to accounts corresponding to current appropriations
provided in this Act. Such transferred balances shall be used for the
same purpose, and for the same periods of time, for which they were
originally appropriated.
Sec. 502. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 503. (a) No part of any appropriation contained in this Act or
transferred pursuant to section 4002 of Public Law 111-148 shall be
used, other than for normal and recognized executive-legislative
relationships, for publicity or propaganda purposes, for the
preparation, distribution, or use of any kit, pamphlet, booklet,
publication, electronic communication, radio, television, or video
presentation designed to support or defeat the enactment of legislation
before the Congress or any State or local legislature or legislative
body, except in presentation to the Congress or any State or local
legislature itself, or designed to support or defeat any proposed or
pending regulation, administrative action, or order issued by the
executive branch of any State or local government, except in
presentation to the executive branch of any State or local government
itself.
(b) No part of any appropriation contained in this Act or
transferred pursuant to section 4002 of Public Law 111-148 shall be
used to pay the salary or expenses of any grant or contract recipient,
or agent acting for such recipient, related to any activity designed to
influence the enactment of legislation, appropriations, regulation,
administrative action, or Executive order proposed or pending before
the Congress or any State government, State legislature or local
legislature or legislative body, other than for normal and recognized
executive-legislative relationships or participation by an agency or
officer of a State, local or tribal government in policymaking and
administrative processes within the executive branch of that
government.
(c) The prohibitions in subsections (a) and (b) shall include any
activity to advocate or promote any proposed, pending or future
Federal, State or local tax increase, or any proposed, pending, or
future requirement or restriction on any legal consumer product,
including its sale or marketing, including but not limited to the
advocacy or promotion of gun control.
Sec. 504. The Secretaries of Labor and Education are authorized to
make available not to exceed $28,000 and $20,000, respectively, from
funds available for salaries and expenses under titles I and III,
respectively, for official reception and representation expenses; the
Director of the Federal Mediation and Conciliation Service is
authorized to make available for official reception and representation
expenses not to exceed $5,000 from the funds available for ``Federal
Mediation and Conciliation Service, Salaries and Expenses''; and the
Chairman of the National Mediation Board is authorized to make
available for official reception and representation expenses not to
exceed $5,000 from funds available for ``National Mediation Board,
Salaries and Expenses''.
Sec. 505. When issuing statements, press releases, requests for
proposals, bid solicitations and other documents describing projects or
programs funded in whole or in part with Federal money, all grantees
receiving Federal funds included in this Act, including but not limited
to State and local governments and recipients of Federal research
grants, shall clearly state--
(1) the percentage of the total costs of the program or
project which will be financed with Federal money;
(2) the dollar amount of Federal funds for the project or
program; and
(3) percentage and dollar amount of the total costs of the
project or program that will be financed by non-governmental
sources.
Sec. 506. (a) None of the funds appropriated in this Act, and none
of the funds in any trust fund to which funds are appropriated in this
Act, shall be expended for any abortion.
(b) None of the funds appropriated in this Act, and none of the
funds in any trust fund to which funds are appropriated in this Act,
shall be expended for health benefits coverage that includes coverage
of abortion.
(c) The term ``health benefits coverage'' means the package of
services covered by a managed care provider or organization pursuant to
a contract or other arrangement.
Sec. 507. (a) The limitations established in the preceding section
shall not apply to an abortion--
(1) if the pregnancy is the result of an act of rape or
incest; or
(2) in the case where a woman suffers from a physical
disorder, physical injury, or physical illness, including a
life-endangering physical condition caused by or arising from
the pregnancy itself, that would, as certified by a physician,
place the woman in danger of death unless an abortion is
performed.
(b) Nothing in the preceding section shall be construed as
prohibiting the expenditure by a State, locality, entity, or private
person of State, local, or private funds (other than a State's or
locality's contribution of Medicaid matching funds).
(c) Nothing in the preceding section shall be construed as
restricting the ability of any managed care provider from offering
abortion coverage or the ability of a State or locality to contract
separately with such a provider for such coverage with State funds
(other than a State's or locality's contribution of Medicaid matching
funds).
(d)(1) None of the funds made available in this Act may be made
available to a Federal agency or program, or to a State or local
government, if such agency, program, or government subjects any
institutional or individual health care entity to discrimination on the
basis that the health care entity does not provide, pay for, provide
coverage of, or refer for abortions.
(2) In this subsection, the term ``health care entity'' includes an
individual physician or other health care professional, a hospital, a
provider-sponsored organization, a health maintenance organization, a
health insurance plan, or any other kind of health care facility,
organization, or plan.
Sec. 508. (a) None of the funds made available in this Act may be
used for--
(1) the creation of a human embryo or embryos for research
purposes; or
(2) research in which a human embryo or embryos are
destroyed, discarded, or knowingly subjected to risk of injury
or death greater than that allowed for research on fetuses in
utero under 45 CFR 46.204(b) and section 498(b) of the Public
Health Service Act (42 U.S.C. 289g(b)).
(b) For purposes of this section, the term ``human embryo or
embryos'' includes any organism, not protected as a human subject under
45 CFR 46 as of the date of the enactment of this Act, that is derived
by fertilization, parthenogenesis, cloning, or any other means from one
or more human gametes or human diploid cells.
Sec. 509. (a) None of the funds made available in this Act may be
used for any activity that promotes the legalization of any drug or
other substance included in schedule I of the schedules of controlled
substances established under section 202 of the Controlled Substances
Act except for normal and recognized executive-congressional
communications.
(b) The limitation in subsection (a) shall not apply when there is
significant medical evidence of a therapeutic advantage to the use of
such drug or other substance or that federally sponsored clinical
trials are being conducted to determine therapeutic advantage.
Sec. 510. None of the funds made available in this Act may be
obligated or expended to enter into or renew a contract with an entity
if--
(1) such entity is otherwise a contractor with the United
States and is subject to the requirement in 38 U.S.C. 4212(d)
regarding submission of an annual report to the Secretary of
Labor concerning employment of certain veterans; and
(2) such entity has not submitted a report as required by
that section for the most recent year for which such
requirement was applicable to such entity.
Sec. 511. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriation Act.
Sec. 512. None of the funds made available by this Act to carry
out the Library Services and Technology Act may be made available to
any library covered by paragraph (1) of section 224(f) of such Act, as
amended by the Children's Internet Protection Act, unless such library
has made the certifications required by paragraph (4) of such section.
Sec. 513. (a) None of the funds provided under this Act, or
provided under previous appropriations Acts to the agencies funded by
this Act that remain available for obligation or expenditure in fiscal
year 2020, or provided from any accounts in the Treasury of the United
States derived by the collection of fees available to the agencies
funded by this Act, shall be available for obligation or expenditure
through a reprogramming of funds that--
(1) creates new programs;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for any
project or activity for which funds have been denied or
restricted;
(4) contracts out or privatizes any functions or activities
presently performed by Federal employees;
unless the Committees on Appropriations of the House of Representatives
and the Senate are consulted 15 days in advance of such reprogramming
or of an announcement of intent relating to such reprogramming,
whichever occurs earlier, and are notified in writing 10 days in
advance of such reprogramming.
(b) None of the funds provided under this Act, or provided under
previous appropriations Acts to the agencies funded by this Act that
remain available for obligation or expenditure in fiscal year 2020, or
provided from any accounts in the Treasury of the United States derived
by the collection of fees available to the agencies funded by this Act,
shall be available for obligation or expenditure through a
reprogramming of funds in excess of $500,000 or 10 percent, whichever
is less, that--
(1) augments existing programs, projects (including
construction projects), or activities;
(2) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent as
approved by Congress; or
(3) results from any general savings from a reduction in
personnel which would result in a change in existing programs,
activities, or projects as approved by Congress;
unless the Committees on Appropriations of the House of Representatives
and the Senate are consulted 15 days in advance of such reprogramming
or of an announcement of intent relating to such reprogramming,
whichever occurs earlier, and are notified in writing 10 days in
advance of such reprogramming.
(c) 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 that--
(1) relocates an office or employees;
(2) reorganizes or renames offices; or
(3) reorganizes programs or activities;
unless the relocation, renaming, or reorganization was included in the
President's fiscal year 2020 budget proposal, including the
accompanying justification documents submitted to the Committees on
Appropriations of the House of Representatives and the Senate, and such
committees are consulted at least 15 days in advance of such
relocation, renaming, or reorganization.
Sec. 514. (a) None of the funds made available in this Act may be
used to request that a candidate for appointment to a Federal
scientific advisory committee disclose the political affiliation or
voting history of the candidate or the position that the candidate
holds with respect to political issues not directly related to and
necessary for the work of the committee involved.
(b) None of the funds made available in this Act may be used to
disseminate information that is deliberately false or misleading.
Sec. 515. Within 45 days of enactment of this Act, each department
and related agency funded through this Act shall submit an operating
plan that details at the program, project, and activity level any
funding allocations for fiscal year 2020 that are different than those
specified in this Act, the accompanying detailed table in the joint
explanatory statement accompanying this Act or the fiscal year 2020
budget request.
Sec. 516. The Secretaries of Labor, Health and Human Services, and
Education shall each prepare and submit to the Committees on
Appropriations of the House of Representatives and the Senate a report
on the number and amount of contracts, grants, and cooperative
agreements exceeding $500,000, individually or in total at the program,
project, or activity level, in value and awarded by the Department on a
non-competitive basis during each quarter of fiscal year 2020, but not
to include grants awarded on a formula basis or directed by law. Such
report shall include the name of the contractor or grantee, the amount
of funding, the governmental purpose, including a justification for
issuing the award on a non-competitive basis. Such report shall be
transmitted to the Committees within 30 days after the end of the
quarter for which the report is submitted.
Sec. 517. None of the funds appropriated in this Act shall be
expended or obligated by the Commissioner of Social Security, for
purposes of administering Social Security benefit payments under title
II of the Social Security Act, to process any claim for credit for a
quarter of coverage based on work performed under a social security
account number that is not the claimant's number and the performance of
such work under such number has formed the basis for a conviction of
the claimant of a violation of section 208(a)(6) or (7) of the Social
Security Act.
Sec. 518. None of the funds appropriated by this Act may be used
by the Commissioner of Social Security or the Social Security
Administration to pay the compensation of employees of the Social
Security Administration to administer Social Security benefit payments,
under any agreement between the United States and Mexico establishing
totalization arrangements between the social security system
established by title II of the Social Security Act and the social
security system of Mexico, which would not otherwise be payable but for
such agreement.
Sec. 519. (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. 520. For purposes of carrying out Executive Order No. 13589,
Office of Management and Budget Memorandum M-12-12 dated May 11, 2012,
and requirements contained in the annual appropriations bills relating
to conference attendance and expenditures:
(1) the operating divisions of HHS shall be considered
independent agencies; and
(2) attendance at and support for scientific conferences
shall be tabulated separately from and not included in agency
totals.
Sec. 521. Federal agencies funded under this Act shall clearly
state within the text, audio, or video used for advertising or
educational purposes, including emails or Internet postings, that the
communication is printed, published, or produced and disseminated at
U.S. taxpayer expense. The funds used by a Federal agency to carry out
this requirement shall be derived from amounts made available to the
agency for advertising or other communications regarding the programs
and activities of the agency.
Sec. 522. (a) Federal agencies may use Federal discretionary funds
that are made available in this Act to carry out up to 10 Performance
Partnership Pilots. Such Pilots shall be governed by the provisions of
section 526 of division H of Public Law 113-76, except that in carrying
out such Pilots section 526 shall be applied by substituting ``Fiscal
Year 2020'' for ``Fiscal Year 2014'' in the title of subsection (b) and
by substituting ``September 30, 2024'' for ``September 30, 2018'' each
place it appears: Provided, That such pilots shall include communities
that have experienced civil unrest.
(b) In addition, Federal agencies may use Federal discretionary
funds that are made available in this Act to participate in Performance
Partnership Pilots that are being carried out pursuant to the authority
provided by section 526 of division H of Public Law 113-76, section 524
of division G of Public Law 113-235, section 525 of division H of
Public Law 114-113, section 525 of division H of Public Law 115-31, and
section 525 of division H of Public Law 115-141.
(c) Pilot sites selected under authorities in this Act and prior
appropriations Acts may be granted by relevant agencies up to an
additional 5 years to operate under such authorities.
Sec. 523. Not later than 30 days after the end of each calendar
quarter, beginning with the first month of fiscal year 2020, the
Departments of Labor, Health and Human Services and Education and the
Social Security Administration shall provide the Committees on
Appropriations of the House of Representatives and Senate a report on
the status of balances of appropriations: Provided, That for balances
that are unobligated and uncommitted, committed, and obligated but
unexpended, the monthly reports shall separately identify the amounts
attributable to each source year of appropriation (beginning with
fiscal year 2012, or, to the extent feasible, earlier fiscal years)
from which balances were derived.
Sec. 524. Of the unobligated balances made available for purposes
of carrying out section 2105(a)(3) of the Social Security Act,
$7,715,000,000 shall not be available for obligation in this fiscal
year.
Sec. 525. (a)(1) The Secretary of Homeland Security, after
appropriate consultation with the Secretary of Labor and appropriate
employers, shall develop, through notice and comment rulemaking, a
process to provide quarterly allocation of visas issued pursuant to
petitions submitted by employers for individuals to be admitted under
section 101(a)(15)(H)(ii)(b) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)(H)(ii)(b)).
(2) In developing the process described in paragraph (1), the
Secretary shall ensure that--
(A) all such petitions are submitted to the Secretary not
later than 45 days before the first day of the quarter during
which the requested beneficiaries are expected to begin their
employment with the employer; and
(B) all decisions to approve or deny a petition are made
not later than 15 days before the first date of employment
specified in the petition.
(b) Subject to subsection (c), for fiscal year 2021, and every
fiscal year thereafter, of the visas authorized under section
214(g)(1)(B) of the Immigration and Nationality Act (8 U.S.C.
1184(g)(1)(B)), the Secretary of Homeland Security shall issue--
(1) not more than 14 percent to aliens whose employment is
scheduled to begin during the first quarter of the fiscal year;
(2) not more than 45 percent (plus any visas authorized,
but not issued, under paragraph (1)) to aliens whose employment
is scheduled to begin during the second quarter of the fiscal
year;
(3) not more than 39 percent (plus any visas authorized,
but not issued, under paragraphs (1) and (2)) to aliens whose
employment is scheduled to begin during the third quarter of
the fiscal year; and
(4) not more than 2 percent (plus any visas authorized, but
not issued, under paragraph (1), (2), and (3)) to aliens whose
employment is scheduled to begin during the fourth quarter of
the fiscal year.
(c) Not later than 2 years after the date of the enactment of this
Act, and every 2 years thereafter, the Secretary of Homeland Security,
in the Secretary's sole and unreviewable discretion, and after
consultation with the Secretary of Labor, shall--
(1) compare the quarterly allocation of visas under
subsection (b) to the actual need for individuals to be
admitted under section 101(a)(15)(H)(ii)(b) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)) in each
quarter; and
(2) adjust the quarterly allocation of such visas
accordingly.
(d) For each calendar quarter subject to the visa allocation
process set forth in subsection (b) or (c), if the total number of
visas requested by employers whose petitions meet the standards for
approval exceeds the total number of visas available for such
employers, the Secretary shall ensure that each such petition is
approved for a minimum number of visas, which shall be calculated based
on the ratio between the total number of visas requested by such
employers and the total number of visas available.
(e) Effective October 1, 2020, section 214(g)(10) of the
Immigration and Nationality Act (8 U.S.C. 1184(g)(10)) is repealed.
(f) Section 214(c)(14)(C) of the Immigration and Nationality Act (8
U.S.C. 1184(c)(14)(C)) is amended to read as follows:
``(C) In determining the level of penalties to be assessed under
subparagraph (A), the highest penalties shall be reserved for--
``(i) willful failures to meet any of the conditions of the
petition that involve harm to United States workers; and
``(ii) willful misrepresentations of the number of
necessary nonimmigrants in an application for temporary labor
certification in support of a petition for nonimmigrants
described in section 101(a)(15)(H)(ii)(b).''.
Sec. 526. None of the funds made available by this Act may be used
to replace or diminish the quality of care provided by Medicare
Advantage (as established in title 42, chapter 7, subchapter XVIII,
part C of the United States Code) and the TRICARE program (as defined
in section 1072 of title 10 of the United States Code).
Sec. 527. Except as expressly provided otherwise, any reference to
``this Act'' contained in this division shall be treated as referring
only to the provisions of this division.
Sec. 528. Any reference to a ``report accompanying this Act''
contained in this division shall be treated as a reference to House
Report 116-62. The effect of such Report shall be limited to this
division and shall apply for purposes of determining the allocation of
funds provided by, and the implementation of, this division.
Sec. 529. None of the funds made available by this Act may be used
to finalize or implement the proposed rule entitled ``Occupational
Exposure to Beryllium and Beryllium Compounds in Construction and
Shipyard Sectors'' published by the Department of Labor in the Federal
Register on June 27, 2017 (82 Fed Reg. 29182 et seq.).
Sec. 530. None of the funds made available by this Act may be used
to--
(1) alter or terminate the Interagency Agreement between
the United States Department of Labor and the United States
Department of Agriculture governing the funding, establishment,
and operation of Job Corps Civilian Conservation Centers (or
any agreement of the same substance); or
(2) close any of the following Civilian Conservation
Centers:
(A) Angell Job Corps Civilian Conversation Center.
(B) Boxelder Job Corps Civilian Conservation
Center.
(C) Centennial Job Corps Civilian Conservation
Center.
(D) Collbran Job Corps Civilian Conservation
Center.
(E) Columbia Basin Job Corps Basin Civilian
Conservation Center.
(F) Curlew Job Corps Civilian Conservation Center.
(G) Great Onyx Job Corps Civilian Conservation
Center.
(H) Harpers Ferry Job Corps Civilian Conservation
Center.
(I) Lyndon B. Johnson Job Corps Civilian
Conservation Center.
(J) Jacobs Creek Job Corps Civilian Conservation
Center.
(K) Mingo Job Corps Civilian Conservation Center.
(L) Pine Ridge Job Corps Civilian Conservation
Center.
(M) Schenck Job Corps Civilian Conservation Center.
(N) Trapper Creek Job Corps Civilian Conservation
Center.
(O) Weber Basin Job Corps Civilian Conservation
Center.
(P) Wolf Creek Job Corps Civilian Conservation
Center.
(Q) Anaconda Job Corps Civilian Conservation
Center.
(R) Blackwell Job Corps Civilian Conservation
Center.
(S) Cass Job Corps Civilian Conservation Center.
(T) Flatwoods Job Corps Civilian Conservation
Center.
(U) Fort Simcoe Job Corps Civilian Conservation
Center.
(V) Frenchburg Job Corps Civilian Conservation
Center.
(W) Oconaluftee Job Corps Civilian Conservation
Center.
(X) Pine Knot Job Corps Civilian Conservation
Center.
(Y) Timber Lake Job Corps Civilian Conservation
Center.
Sec. 531. None of the funds made available by this Act may be used
to implement, administer, or enforce the rule entitled ``Short-Term,
Limited Duration Insurance'' published by the Department of the
Treasury, the Department of Labor, and the Department of Health and
Human Services in the Federal Register on August 3, 2018 (83 Fed. Reg.
38212).
Sec. 532. None of the funds made available by this Act may be used
in contravention of section 203 of the Department of Education
Organization Act (20 U.S.C. 3413).
Sec. 533. None of the funds made available by this Act may be used
to convene an ethics advisory board authorized under section 492A of
the Public Health Service Act with regard to research grant
applications or current research projects in the competitive renewal
process that propose to use human fetal tissue.
This Act may be cited as the ``Departments of Labor, Health and
Human Services, and Education, and Related Agencies Appropriations Act,
2020''.
DIVISION C--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2020
The following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2020, for military functions administered by the
Department of Defense and for other purposes, namely:
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, $42,314,762,000.
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, $31,679,229,000
(increased by $2,000,000) (reduced by $2,000,000).
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, $14,064,751,000.
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, $31,082,769,000.
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, $4,847,321,000.
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, $2,113,357,000.
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,
$829,124,000.
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 9038 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, $1,993,280,000.
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 section 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,
$8,664,535,000.
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
section 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,
$4,032,521,000.
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,
$41,449,293,000 (increased by $2,000,000) (increased by $5,000,000):
Provided, That not to exceed $12,478,000 can be used for emergencies
and extraordinary expenses, to be expended upon 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, $51,417,389,000 (reduced by $4,300,000) (increased
by $4,300,000) (reduced by $3,000,000): Provided, That not to exceed
$15,055,000 can be used for emergencies and extraordinary expenses, to
be expended upon 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,
$7,945,854,000.
Operation and Maintenance, Air Force
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Air Force, as authorized by law,
$44,662,729,000 (increased by $8,500,000) (reduced by $3,000,000):
Provided, That not to exceed $7,699,000 can be used for emergencies and
extraordinary expenses, to be expended upon 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 to study and
refine plans for the potential establishment of a Space Force as a
branch of the Armed Forces, $15,000,000 (reduced by $1,500,000):
Provided, That nothing in this provision shall be construed to
authorize the establishment of a Space Force.
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,
$37,238,522,000 (increased by $4,356,000) (reduced by $4,356,000)
(increased by $200,000) (reduced by $200,000) (reduced by $8,500,000)
(reduced by $2,000,000) (reduced by $2,000,000) (increased by
$5,000,000) (reduced by $5,000,000) (reduced by $6,000,000) (reduced by
$7,700,000) (reduced by $20,000,000) (reduced by $10,000,000)
(increased by $10,000,000) (reduced by $16,000,000) (reduced by
$8,000,000) (reduced by $5,000,000) (reduced by $4,000,000) (reduced by
$5,000,000) (increased by $2,000,000) (reduced by $2,000,000) (reduced
by $3,000,000) (reduced by $5,000,000) (increased by $5,000,000)
(reduced by $9,000,000) (reduced by $500,000) (increased by $500,000)
(reduced by $1,000,000) (increased by $1,000,000) (reduced by
$13,000,000) (increased by $13,000,000) (reduced by $10,000,000):
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, $623,073,000, of which $155,768,000, 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: Provided further, That of the funds made available under this
heading for the Office of the Secretary of Defense, Policy, 10 percent
shall be withheld from obligation until the Secretary of Defense
submits the reports required under the heading ``Counter-ISIS Train and
Equip Fund'' in the Department of Defense Appropriations Act, 2018
(division C of Public Law 115-141) and the Department of Defense
Appropriations Act, 2019 (division A of Public Law 115-245).
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, $3,009,594,000 (increased by
$2,000,000).
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, $1,110,116,000.
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, $294,076,000.
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, $3,356,685,000.
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), $7,448,536,000 (increased
by $2,000,000).
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, $6,592,589,000 (reduced
by $2,500,000) (increased by $2,500,000).
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, $235,809,000 (increased by
$5,000,000), 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 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, $365,883,000 (increased by
$5,000,000), 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, $365,808,000 (increased by
$5,000,000), to remain available until transferred: Provided, That the
Secretary of the Air Force shall, upon determining that such funds are
required for environmental restoration, reduction and recycling of
hazardous waste, removal of unsafe buildings and debris of the
Department of the Air Force, or for similar purposes, transfer the
funds made available by this appropriation to other appropriations made
available to the Department of the Air Force, to be merged with and to
be available for the same purposes and for the same time period as the
appropriations to which transferred: Provided further, That upon a
determination that all or part of the funds transferred from this
appropriation are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation: Provided
further, That the transfer authority provided under this heading is in
addition to any other transfer authority provided elsewhere in this
Act.
Environmental Restoration, Defense-Wide
(including transfer of funds)
For the Department of Defense, $19,002,000, to remain available
until transferred: Provided, That the Secretary of Defense shall, upon
determining that such funds are required for environmental restoration,
reduction and recycling of hazardous waste, removal of unsafe buildings
and debris of the Department of Defense, or for similar purposes,
transfer the funds made available by this appropriation to other
appropriations made available to the Department of Defense, to be
merged with and to be available for the same purposes and for the same
time period as the appropriations to which transferred: Provided
further, That upon a determination that all or part of the funds
transferred from this appropriation are not necessary for the purposes
provided herein, such amounts may be transferred back to this
appropriation: Provided further, That the transfer authority provided
under this heading is in addition to any other transfer authority
provided elsewhere in this Act.
Environmental Restoration, Formerly Used Defense Sites
(including transfer of funds)
For the Department of the Army, $260,499,000, 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), $117,663,000, 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, $353,700,000 (increased by
$20,000,000), 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, 2020: Provided, That no other amounts may be otherwise credited or
transferred to the Fund, or deposited into the Fund, in fiscal year
2019 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, $3,689,720,000, 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, $3,218,272,000, 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,
$4,849,373,000, 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, $2,583,895,000, 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,
$7,583,678,000, 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, $18,971,913,000, 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, $4,061,797,000 (reduced by
$7,500,000) (increased by $7,500,000), 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, $848,782,000, 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), $1,611,989,000;
Carrier Replacement Program, $2,066,000,000;
Virginia Class Submarine, $4,192,346,000;
Virginia Class Submarine (AP), $4,266,552,000;
CVN Refueling Overhauls, $667,926,000;
CVN Refueling Overhauls (AP), $16,900,000;
DDG-1000 Program, $155,944,000;
DDG-51 Destroyer, $5,015,295,000;
DDG-51 Destroyer (AP), $224,028,000;
FFG-Frigate, $1,281,177,000;
TAO Fleet Oiler, $981,215,000;
TAO Fleet Oiler (AP), $73,000,000;
Towing, Salvage, and Rescue Ship, $150,282,000;
LCU 1700, $83,670,000;
Ship to Shore Connector, $65,000,000;
Service Craft, $56,289,000;
For outfitting, post delivery, conversions, and first destination
transportation, $736,243,000; and
Completion of Prior Year Shipbuilding Programs, $55,700,000.
In all: $21,699,556,000, 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 production of
the common missile compartment of nuclear-powered vessels may be
available for multiyear procurement of critical components to support
continuous production of such compartments only in accordance with the
provisions of subsection (i) of section 2218a of title 10, United
States Code (as added by section 1023 of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328)).
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, $9,123,068,000, to
remain available for obligation until September 30, 2022.
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, $2,838,151,000, 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, $18,082,933,000, 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, $2,789,287,000, 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, $2,368,443,000, 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, $1,602,761,000, 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, $21,067,888,000 (reduced by
$2,000,000), 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, $5,100,866,000, 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,
$12,046,783,000 (increased by $4,800,000) (reduced by $1,000,000)
(increased by $4,000,000) (increased by $2,500,000) (increased by
$9,000,000), 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,
$19,140,865,000 (increased by $8,000,000) (increased by $5,000,000)
(reduced by $5,000,000) (increased by $5,000,000) (increased by
$10,000,000), 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,
$44,554,256,000 (reduced by $9,500,000) (increased by $9,500,000)
(increased by $5,000,000), 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, $24,492,308,000 (reduced by
$10,000,000) (reduced by $4,800,000) (increased by $1,000,000) (reduced
by $4,000,000) (increased by $4,000,000) (increased by $1,500,000)
(increased by $3,000,000) (reduced by $6,000,000) (increased by
$3,000,000) (reduced by $2,500,000) (increased by $3,000,000) (reduced
by $10,000,000) (increased by $2,000,000) (increased by $5,000,000)
(reduced by $5,000,000), to remain available for obligation until
September 30, 2021.
Operational Test and Evaluation, Defense
For expenses, not otherwise provided for, necessary for the
independent activities of the Director, Operational Test and
Evaluation, in the direction and supervision of operational test and
evaluation, including initial operational test and evaluation which is
conducted prior to, and in support of, production decisions; joint
operational testing and evaluation; and administrative expenses in
connection therewith, $221,200,000, 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, $1,226,211,000.
Defense Counterintelligence and Security Agency Working Capital Fund
For the Defense Counterintelligence and Security Agency Working
Capital Fund, $200,000,000.
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,
$33,476,039,000 (increased by $2,000,000) (increased by $2,000,000)
(increased by $10,000,000) (increased by $10,000,000); of which
$31,359,442,000, shall be for operation and maintenance, of which not
to exceed 1 percent shall remain available for obligation until
September 30, 2021, and of which up to $15,176,945,000 may be available
for contracts entered into under the TRICARE program; of which
$454,324,000, to remain available for obligation until September 30,
2022, shall be for procurement; and of which $1,662,273,000 (increased
by $2,000,000) (increased by $2,000,000) (increased by $10,000,000)
(increased by $10,000,000), 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
$930,000,000 (increased by $10,000,000) shall be made available to the
United States Army Medical Research and Materiel Command to carry out
the congressionally directed medical research programs: Provided
further, That the Secretary of Defense shall submit to the House and
Senate Appropriations 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
House and Senate Appropriations Committees not later than 10 business
days after delaying the proposed timeline of such deployment if such
delay is longer than 1 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, $816,755,000 (reduced by $3,000,000)
(increased by $3,000,000), of which $517,171,000 shall be for counter-
narcotics support; $121,922,000 (reduced by $3,000,000) (increased by
$3,000,000) shall be for the drug demand reduction program;
$172,291,000 shall be for the National Guard counter-drug program; and
$5,371,000 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: Provided further, That section 284 of title 10,
United States Code, may only be carried out using amounts appropriated
under this heading for counter-narcotics support: Provided further,
That amounts appropriated under this heading for counter-narcotics
support may not be used for the construction of fences pursuant to
subsection (b)(7) of such section: Provided further, That the transfer
authority contained in section 8005 in title VIII of this Act shall not
apply to amounts made available under this heading: Provided further,
That funds appropriated under this heading for counter-narcotics
support may only be transferred 15 days following written notification
to the congressional defense committees.
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, $558,000,000.
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
a total of $1,000,000,000 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 the Secretary of
Defense and the head of each entity affected by such transfer certifies
in writing to the congressional defense committees, as part of the
applicable request for reprogramming required for such transfer, that
the funds will be used 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.
Sec. 8006. (a) With regard to the list of specific programs,
projects, and activities (and the dollar amounts and adjustments to
budget activities corresponding to such programs, projects, and
activities) contained in the tables titled Explanation of Project Level
Adjustments in the explanatory statement regarding this Act, the
obligation and expenditure of amounts appropriated or otherwise made
available in this Act for those programs, projects, and activities for
which the amounts appropriated exceed the amounts requested are hereby
required by law to be carried out in the manner provided by such tables
to the same extent as if the tables were included in the text of this
Act.
(b) Amounts specified in the referenced tables described in
subsection (a) shall not be treated as subdivisions of appropriations
for purposes of section 8005 of this Act: Provided, That section 8005
shall apply when transfers of the amounts described in subsection (a)
occur between appropriation accounts.
Sec. 8007. (a) Not later than 60 days after enactment of this Act,
the Department of Defense shall submit a report to the congressional
defense committees to establish the baseline for application of
reprogramming and transfer authorities for fiscal year 2020: Provided,
That the report shall include--
(1) a table for each appropriation with a separate column
to display the President's budget request, adjustments made by
Congress, adjustments due to enacted rescissions, if
appropriate, and the fiscal year enacted level;
(2) a delineation in the table for each appropriation both
by budget activity and program, project, and activity as
detailed in the Budget Appendix; and
(3) an identification of items of special congressional
interest.
(b) Notwithstanding section 8005 of this Act, none of the funds
provided in this Act shall be available for reprogramming or transfer
until the report identified in subsection (a) is submitted to the
congressional defense committees, unless the Secretary of Defense
certifies in writing to the congressional defense committees that such
reprogramming or transfer is necessary as an emergency requirement:
Provided, That this subsection shall not apply to transfers from the
following appropriations accounts:
(1) ``Environmental Restoration, Army'';
(2) ``Environmental Restoration, Navy'';
(3) ``Environmental Restoration, Air Force'';
(4) ``Environmental Restoration, Defense-Wide''
(5) ``Environmental Restoration, Formerly Used Defense
Sites''.
(transfer of funds)
Sec. 8008. During the current fiscal year, cash balances in
working capital funds of the Department of Defense established pursuant
to section 2208 of title 10, United States Code, may be maintained in
only such amounts as are necessary at any time for cash disbursements
to be made from such funds: Provided, That transfers may be made
between such funds: Provided further, That transfers may be made
between working capital funds and the ``Foreign Currency Fluctuations,
Defense'' appropriation and the ``Operation and Maintenance''
appropriation accounts in such amounts as may be determined by the
Secretary of Defense, with the approval of the Office of Management and
Budget, except that such transfers may not be made unless the Secretary
of Defense has notified the Congress of the proposed transfer: Provided
further, That except in amounts equal to the amounts appropriated to
working capital funds in this Act, no obligations may be made against a
working capital fund to procure or increase the value of war reserve
material inventory, unless the Secretary of Defense has notified the
Congress prior to any such obligation.
Sec. 8009. Funds appropriated by this Act may not be used to
initiate a special access program without prior notification 30
calendar days in advance to the congressional defense committees.
Sec. 8010. None of the funds provided in this Act shall be
available to initiate: (1) a multiyear contract that employs economic
order quantity procurement in excess of $20,000,000 in any one year of
the contract or that includes an unfunded contingent liability in
excess of $20,000,000; or (2) a contract for advance procurement
leading to a multiyear contract that employs economic order quantity
procurement in excess of $20,000,000 in any one year, unless the
congressional defense committees have been notified at least 30 days in
advance of the proposed contract award: Provided, That no part of any
appropriation contained in this Act shall be available to initiate a
multiyear contract for which the economic order quantity advance
procurement is not funded at least to the limits of the Government's
liability: Provided further, That no part of any appropriation
contained in this Act shall be available to initiate multiyear
procurement contracts for any systems or component thereof if the value
of the multiyear contract would exceed $500,000,000 unless specifically
provided in this Act: Provided further, That no multiyear procurement
contract can be terminated without 30-day prior notification to the
congressional defense committees: Provided further, That the execution
of multiyear authority shall require the use of a present value
analysis to determine lowest cost compared to an annual procurement:
Provided further, That none of the funds provided in this Act may be
used for a multiyear contract executed after the date of the enactment
of this Act unless in the case of any such contract--
(1) the Secretary of Defense has submitted to Congress a
budget request for full funding of units to be procured through
the contract and, in the case of a contract for procurement of
aircraft, that includes, for any aircraft unit to be procured
through the contract for which procurement funds are requested
in that budget request for production beyond advance
procurement activities in the fiscal year covered by the
budget, full funding of procurement of such unit in that fiscal
year;
(2) cancellation provisions in the contract do not include
consideration of recurring manufacturing costs of the
contractor associated with the production of unfunded units to
be delivered under the contract;
(3) the contract provides that payments to the contractor
under the contract shall not be made in advance of incurred
costs on funded units; and
(4) the contract does not provide for a price adjustment
based on a failure to award a follow-on contract.
Sec. 8011. Within the funds appropriated for the operation and
maintenance of the Armed Forces, funds are hereby appropriated pursuant
to section 401 of title 10, United States Code, for humanitarian and
civic assistance costs under chapter 20 of title 10, United States
Code. Such funds may also be obligated for humanitarian and civic
assistance costs incidental to authorized operations and pursuant to
authority granted in section 401 of chapter 20 of title 10, United
States Code, and these obligations shall be reported as required by
section 401(d) of title 10, United States Code: Provided, That funds
available for operation and maintenance shall be available for
providing humanitarian and similar assistance by using Civic Action
Teams in the Trust Territories of the Pacific Islands and freely
associated states of Micronesia, pursuant to the Compact of Free
Association as authorized by Public Law 99-239: Provided further, That
upon a determination by the Secretary of the Army that such action is
beneficial for graduate medical education programs conducted at Army
medical facilities located in Hawaii, the Secretary of the Army may
authorize the provision of medical services at such facilities and
transportation to such facilities, on a nonreimbursable basis, for
civilian patients from American Samoa, the Commonwealth of the Northern
Mariana Islands, the Marshall Islands, the Federated States of
Micronesia, Palau, and Guam.
Sec. 8012. (a) During the current fiscal year, the civilian
personnel of the Department of Defense may not be managed on the basis
of any end-strength, and the management of such personnel during that
fiscal year shall not be subject to any constraint or limitation (known
as an end-strength) on the number of such personnel who may be employed
on the last day of such fiscal year.
(b) The fiscal year 2021 budget request for the Department of
Defense as well as all justification material and other documentation
supporting the fiscal year 2021 Department of Defense budget request
shall be prepared and submitted to the Congress as if subsections (a)
and (b) of this provision were effective with regard to fiscal year
2021.
(c) As required by section 1107 of the National Defense
Authorization Act for Fiscal Year 2014 (Public Law 113-66; 10 U.S.C.
2358 note) civilian personnel at the Department of Army Science and
Technology Reinvention Laboratories may not be managed on the basis of
the Table of Distribution and Allowances, and the management of the
workforce strength shall be done in a manner consistent with the budget
available with respect to such Laboratories.
(d) Nothing in this section shall be construed to apply to military
(civilian) technicians.
Sec. 8013. None of the funds made available by this Act shall be
used in any way, directly or indirectly, to influence congressional
action on any legislation or appropriation matters pending before the
Congress.
Sec. 8014. None of the funds appropriated by this Act shall be
available for the basic pay and allowances of any member of the Army
participating as a full-time student and receiving benefits paid by the
Secretary of Veterans Affairs from the Department of Defense Education
Benefits Fund when time spent as a full-time student is credited toward
completion of a service commitment: Provided, That this section shall
not apply to those members who have reenlisted with this option prior
to October 1, 1987: Provided further, That this section applies only to
active components of the Army.
(transfer of funds)
Sec. 8015. Funds appropriated in title III of this Act for the
Department of Defense Pilot Mentor-Protege Program may be transferred
to any other appropriation contained in this Act solely for the purpose
of implementing a Mentor-Protege Program developmental assistance
agreement pursuant to section 831 of the National Defense Authorization
Act for Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 2302 note), as
amended, under the authority of this provision or any other transfer
authority contained in this Act.
Sec. 8016. None of the funds in this Act may be available for the
purchase by the Department of Defense (and its departments and
agencies) of welded shipboard anchor and mooring chain 4 inches in
diameter and under unless the anchor and mooring chain are manufactured
in the United States from components which are substantially
manufactured in the United States: Provided, That for the purpose of
this section, the term ``manufactured'' shall include cutting, heat
treating, quality control, testing of chain and welding (including the
forging and shot blasting process): Provided further, That for the
purpose of this section substantially all of the components of anchor
and mooring chain shall be considered to be produced or manufactured in
the United States if the aggregate cost of the components produced or
manufactured in the United States exceeds the aggregate cost of the
components produced or manufactured outside the United States: Provided
further, That when adequate domestic supplies are not available to meet
Department of Defense requirements on a timely basis, the Secretary of
the Service responsible for the procurement may waive this restriction
on a case-by-case basis by certifying in writing to the Committees on
Appropriations that such an acquisition must be made in order to
acquire capability for national security purposes.
Sec. 8017. None of the funds 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. 8018. 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. 8019. 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. 8020. 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. 8021. Funds appropriated by this Act for the Defense Media
Activity shall not be used for any national or international political
or psychological activities.
Sec. 8022. 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. 8023. (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) $37,233,000 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) $3,567,000 shall be available from ``Other Procurement,
Air Force'' for vehicle and communication equipment
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. 8024. (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
6,100 staff years of technical effort (staff years) may be funded for
defense FFRDCs: Provided, That this subsection shall not apply to staff
years funded in the National Intelligence Program (NIP) and the
Military Intelligence Program (MIP).
(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.
(f) Notwithstanding any other provision of this Act, the total
amount appropriated in this Act for FFRDCs is hereby increased by
$26,800,000: Provided, That this subsection shall not apply to
appropriations for the National Intelligence Program (NIP) and the
Military Intelligence Program (MIP).
Sec. 8025. 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. 8026. 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. 8027. 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. 8028. (a)(1) If the Secretary of Defense, after consultation
with the United States Trade Representative, determines that a foreign
country which is party to an agreement described in paragraph (2) has
violated the terms of the agreement by discriminating against certain
types of products produced in the United States that are covered by the
agreement, the Secretary of Defense shall rescind the Secretary's
blanket waiver of the Buy American Act with respect to such types of
products produced in that foreign country.
(2) An agreement referred to in paragraph (1) is any reciprocal
defense procurement memorandum of understanding, between the United
States and a foreign country pursuant to which the Secretary of Defense
has prospectively waived the Buy American Act for certain products in
that country.
(b) The Secretary of Defense shall submit to the Congress a report
on the amount of Department of Defense purchases from foreign entities
in fiscal year 2020. Such report shall separately indicate the dollar
value of items for which the Buy American Act was waived pursuant to
any agreement described in subsection (a)(2), the Trade Agreement Act
of 1979 (19 U.S.C. 2501 et seq.), or any international agreement to
which the United States is a party.
(c) For purposes of this section, the term ``Buy American Act''
means chapter 83 of title 41, United States Code.
Sec. 8029. 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. 8030. (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. 8031. 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. 8032. 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. 8033. 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. 8034. 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. 8035. (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. 8036. 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. 8037. 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. 8038. (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. 8039. (a) Except as provided in subsections (b) and (c), none
of the funds made available by this Act may be used--
(1) to establish a field operating agency; or
(2) to pay the basic pay of a member of the Armed Forces or
civilian employee of the department who is transferred or
reassigned from a headquarters activity if the member or
employee's place of duty remains at the location of that
headquarters.
(b) The Secretary of Defense or Secretary of a military department
may waive the limitations in subsection (a), on a case-by-case basis,
if the Secretary determines, and certifies to the Committees on
Appropriations of the House of Representatives and the Senate that the
granting of the waiver will reduce the personnel requirements or the
financial requirements of the department.
(c) This section does not apply to--
(1) field operating agencies funded within the National
Intelligence Program;
(2) an Army field operating agency established to
eliminate, mitigate, or counter the effects of improvised
explosive devices, and, as determined by the Secretary of the
Army, other similar threats;
(3) an Army field operating agency established to improve
the effectiveness and efficiencies of biometric activities and
to integrate common biometric technologies throughout the
Department of Defense; or
(4) an Air Force field operating agency established to
administer the Air Force Mortuary Affairs Program and Mortuary
Operations for the Department of Defense and authorized Federal
entities.
Sec. 8040. (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. 8041. 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,
$86,000,000;
``Shipbuilding and Conversion, Navy: LCAC SLEP'', 2013/2020,
$2,000,000;
``Missile Procurement, Army'', 2018/2020, $14,056,000;
``Procurement of Weapons and Tracked Combat Vehicles, Army'', 2018/
2020, $97,000,000;
``Other Procurement, Army'', 2018/2020, $10,685,000;
``Aircraft Procurement, Navy'', 2018/2020, $126,079,000;
``Other Procurement, Navy'', 2018/2020, $34,087,000;
``Procurement, Marine Corps'', 2018/2020, $9,046,000;
``Aircraft Procurement, Air Force'', 2018/2020, $160,200,000;
``Other Procurement, Air Force'', 2018/2020, $26,000,000;
``Operation and Maintenance, Defense-Wide: DSCA Security
Cooperation Account'', 2019/2020, $21,314,000;
``Aircraft Procurement, Army'', 2019/2021, $58,600,000;
``Procurement of Weapons and Tracked Combat Vehicles'', 2019/2021,
$87,567,000;
``Other Procurement, Army'', 2019/2021, $75,173,000;
``Aircraft Procurement, Navy'', 2019/2021, $501,616,000;
``Procurement of Ammunition, Navy and Marine Corps'', 2019/2021,
$22,000,000;
``Other Procurement, Navy'', 2019/2021, $44,964,000;
``Procurement, Marine Corps'', 2019/2021, $74,456,000;
``Aircraft Procurement, Air Force'', 2019/2021, $629,300,000;
``Missile Procurement, Air Force'', 2019/2021, $76,000,000;
``Space Procurement, Air Force'', 2019/2021, $214,509,000;
``Procurement of Ammunition, Air Force'', 2019/2021, $236,100,000;
``Research, Development, Test and Evaluation, Army'', 2019/2020,
$65,933,000;
``Research, Development, Test and Evaluation, Navy'', 2019/2020,
$240,088,000; and
``Research, Development, Test and Evaluation, Air Force'', 2019/
2020, $131,200,000.
Sec. 8042. 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. 8043. 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.
Sec. 8044. 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. 8045. (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.
(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.
Sec. 8046. 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. 8047. 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. 8048. None of the funds in this Act may be used to purchase
any supercomputer which is not manufactured in the United States,
unless the Secretary of Defense certifies to the congressional defense
committees that such an acquisition must be made in order to acquire
capability for national security purposes that is not available from
United States manufacturers.
Sec. 8049. 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. 8050. 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. 8051. 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. 8052. 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.
Sec. 8053. (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. 8054. 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. 8055. 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, with submission of the Department's fiscal year 2021
budget request, submit 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 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. 8056. (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. 8057. 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. 8058. 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. 8059. 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. 8060. 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. 8061. 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. 8062. Notwithstanding any other provision of law, the Chief
of the National Guard Bureau, or his designee, may waive payment of all
or part of the consideration that otherwise would be required under
section 2667 of title 10, United States Code, in the case of a lease of
personal property for a period not in excess of 1 year to any
organization specified in section 508(d) of title 32, United States
Code, or any other youth, social, or fraternal nonprofit organization
as may be approved by the Chief of the National Guard Bureau, or his
designee, on a case-by-case basis.
(including transfer of funds)
Sec. 8063. 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. 8064. (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 section (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. 8065. In addition to amounts provided elsewhere in this Act,
$5,000,000 (increased by $5,000,000) 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.
Sec. 8066. 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. 8067. 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. 8068. 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. 8069. Of the amounts appropriated in this Act under the
heading ``Shipbuilding and Conversion, Navy'', $55,700,000 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; and
(3) Under the heading ``Shipbuilding and Conversion,
Navy'', 2018/2020: TAO Fleet Oiler $3,700,000.
Sec. 8070. 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. 8071. 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 the Secretary of Defense notifies the congressional defense
committees not less that 30 days in advance (or in an emergency, as far
in advance as is practicable) that such program, project, or activity
must be undertaken immediately to address a documented requirement in
ongoing or anticipated contingency operations that if left unfulfilled
could potentially result in loss of life.
Sec. 8072. 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 2 preceding fiscal
years.
Sec. 8073. 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. 8074. The Secretary of Defense may use up to $500,000,000 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): Provided, That the Secretary
of Defense shall notify the congressional defense committees promptly
of all uses of this authority.
Sec. 8075. 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. 8076. 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. 8077. (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. 8078. 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. 8079. 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. 8080. (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. 8081. 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. 8082. 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. 8083. 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. 8084. (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. 8085. The Director of National Intelligence shall submit to
Congress each year, at or about the time that the President's budget is
submitted to Congress that year under section 1105(a) of title 31,
United States Code, a future-years intelligence program (including
associated annexes) reflecting the estimated expenditures and proposed
appropriations included in that budget. Any such future-years
intelligence program shall cover the fiscal year with respect to which
the budget is submitted and at least the 4 succeeding fiscal years.
Sec. 8086. 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. 8087. 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. 8088. 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. 8089. (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. 8090. (a) None of the funds appropriated or otherwise made
available by this Act may be expended for any Federal contract for an
amount in excess of $1,000,000, unless the contractor agrees not to--
(1) enter into any agreement with any of its employees or
independent contractors that requires, as a condition of
employment, that the employee or independent contractor agree
to resolve through arbitration any claim under title VII of the
Civil Rights Act of 1964 or any tort related to or arising out
of sexual assault or harassment, including assault and battery,
intentional infliction of emotional distress, false
imprisonment, or negligent hiring, supervision, or retention;
or
(2) take any action to enforce any provision of an existing
agreement with an employee or independent contractor that
mandates that the employee or independent contractor resolve
through arbitration any claim under title VII of the Civil
Rights Act of 1964 or any tort related to or arising out of
sexual assault or harassment, including assault and battery,
intentional infliction of emotional distress, false
imprisonment, or negligent hiring, supervision, or retention.
(b) None of the funds appropriated or otherwise made available by
this Act may be expended for any Federal contract unless the contractor
certifies that it requires each covered subcontractor to agree not to
enter into, and not to take any action to enforce any provision of, any
agreement as described in paragraphs (1) and (2) of subsection (a),
with respect to any employee or independent contractor performing work
related to such subcontract. For purposes of this subsection, a
``covered subcontractor'' is an entity that has a subcontract in excess
of $1,000,000 on a contract subject to subsection (a).
(c) The prohibitions in this section do not apply with respect to a
contractor's or subcontractor's agreements with employees or
independent contractors that may not be enforced in a court of the
United States.
(d) The Secretary of Defense may waive the application of
subsection (a) or (b) to a particular contractor or subcontractor for
the purposes of a particular contract or subcontract if the Secretary
or the Deputy Secretary personally determines that the waiver is
necessary to avoid harm to national security interests of the United
States, and that the term of the contract or subcontract is not longer
than necessary to avoid such harm. The determination shall set forth
with specificity the grounds for the waiver and for the contract or
subcontract term selected, and shall state any alternatives considered
in lieu of a waiver and the reasons each such alternative would not
avoid harm to national security interests of the United States. The
Secretary of Defense shall transmit to Congress, and simultaneously
make public, any determination under this subsection not less than 15
business days before the contract or subcontract addressed in the
determination may be awarded.
(including transfer of funds)
Sec. 8091. From within the funds appropriated for operation and
maintenance for the Defense Health Program in this Act, up to
$129,000,000, 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. 8092. 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. 8093. 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. 8094. 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 $1,000,000,000 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. 8095. 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. 8096. 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 National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232).
Sec. 8097. 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. 8098. (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.
(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. 8099. 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. 8100. (a) Of the funds appropriated in this Act for the
Department of Defense, amounts may 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. 8101. The Secretary of Defense shall post grant awards on a
public website in a searchable format.
Sec. 8102. The Secretary of each military department, in reducing
each research, development, test and evaluation and procurement account
of the military department as required under paragraph (1) of section
828(d) of the National Defense Authorization Act for Fiscal Year 2016
(Public Law 114-92; 10 U.S.C. 2430 note), as amended by section
825(a)(3) of the National Defense Authorization Act for Fiscal Year
2018, shall allocate the percentage reduction determined under
paragraph (2) of such section 828(d) proportionally from all programs,
projects, or activities under such account: Provided, That the
authority under section 804(d)(2) of the National Defense Authorization
Act for Fiscal Year 2016 (Public Law 114-92; 10 U.S.C. 2302 note) to
transfer amounts available in the Rapid Prototyping Fund shall be
subject to section 8005 or 9002 of this Act, as applicable.
Sec. 8103. 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. 8104. 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. 8105. 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. 8106. 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. 8107. 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. 8108. None of the funds provided in this Act for the TAO
Fleet Oiler program or the FFG-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: Auxiliary equipment (including pumps) for shipboard services;
propulsion equipment (including engines, reduction gears, and
propellers); shipboard cranes; and spreaders for shipboard cranes.
Sec. 8109. 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. 8110. 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. 8111. None of the funds appropriated by this or any other Act
may be made available to deliver F-35 air vehicles or any other F-35
weapon system equipment to the Republic of Turkey.
(including transfer of funds)
Sec. 8112. 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. 8113. (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. 8114. 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.
Sec. 8115. In addition to amounts provided elsewhere in this Act,
there is appropriated $270,000,000, for an additional amount for
``Operation and Maintenance, Defense-Wide'', to remain available until
expended: Provided, That such funds shall only be available to the
Secretary of Defense, acting through the Office of Economic Adjustment
of the Department of Defense, or for transfer to the Secretary of
Education, notwithstanding any other provision of law, to make grants,
conclude cooperative agreements, or supplement other Federal funds to
construct, renovate, repair, or expand elementary and secondary public
schools on military installations in order to address capacity or
facility condition deficiencies at such schools: Provided further, That
in making such funds available, the Office of Economic Adjustment or
the Secretary of Education shall give priority consideration to those
military installations with schools having the most serious capacity or
facility condition deficiencies as determined by the Secretary of
Defense: Provided further, That as a condition of receiving funds under
this section a local educational agency or State shall provide a
matching share as described in the notice titled ``Department of
Defense Program for Construction, Renovation, Repair or Expansion of
Public Schools Located on Military Installations'' published by the
Department of Defense in the Federal Register on September 9, 2011 (76
Fed. Reg. 55883 et seq.): Provided further, That these provisions apply
to funds provided under this section, and to funds previously provided
by Congress to construct, renovate, repair, or expand elementary and
secondary public schools on military installations in order to address
capacity or facility condition deficiencies at such schools to the
extent such funds remain unobligated on the date of enactment of this
section.
Sec. 8116. 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. 8117. None of the funds made available by this Act may be
used to provide arms, training, or other assistance to the Azov
Battalion.
Sec. 8118. 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. 8119. 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. 8120. 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. 8121. (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. 8122. 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. 8123. Funds appropriated for the Next Generation Aerial
Refueling Aircraft (KC-46), Missile Segment Enhancement (MSE) Missile,
and Trident missile programs by the Department of Defense
Appropriations Act, 2014 (division C of Public Law 113-76) and the
Department of Defense Appropriations Act, 2015 (division C of Public
Law 113-235) are to remain available through fiscal year 2024 for the
liquidation of valid obligations incurred for the programs specified in
this section as of September 30, 2016.
Sec. 8124. 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. 8125. None of the funds appropriated or otherwise made
available by this Act may be obligated or expended by the Department of
Defense for the Space Development Agency (SDA), and not more than 50
percent of the funds appropriated or otherwise made available by this
Act may be obligated or expended by the Department of Defense for the
Next Generation Overhead Persistent Infrared program (PE 1206442F)
until a period of 90 days has elapsed following the date on which the
Secretary of Defense, in consultation with the Secretary of the Air
Force and the Under Secretary of Defense for Research and Engineering,
submits to the congressional defense committees--
(1) the proposed plan to establish the SDA, and a
description of the programs and projects the SDA plans to carry
out over the next 3 years, including associated funding
requirements;
(2) a description of how the Air Force and the SDA will
coordinate and cooperate to develop an agreed-upon integrated
space architecture that will guide both SDA and Air Force
investments;
(3) the process by which the SDA and the Air Force will
cooperate in demonstrating and prototyping new capabilities,
and transition to programs of record;
(4) the proposed physical location of the SDA and the
proposed number of government and contractor personnel expected
to comprise the SDA in the first 3 years; and
(5) a plan to transition the SDA into the Air Force not
later than fiscal year 2022, or into a Space Force.
Sec. 8126. None of the funds appropriated or otherwise made
available by this or any other Act may be used to transfer any element,
personnel, property, or resources of the intelligence community, as
defined in section 3 of the National Security Act of 1947 (50 U.S.C.
3003), to the Space Force.
Sec. 8127. None of the funds appropriated or otherwise made
available by this Act or any prior Department of Defense appropriations
Acts may be used to construct a wall, fence, border barriers, or border
security infrastructure along the southern land border of the United
States.
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'',
$18,507,827,000: 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'',
$6,561,650,000, of which up to $190,000,000 may be transferred to the
Coast Guard ``Operating Expenses'' account: Provided, That such amount
is designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Operation and Maintenance, Marine Corps
For an additional amount for ``Operation and Maintenance, Marine
Corps'', $1,124,791,000: 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'', $9,314,379,000: 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'', $8,105,206,000: Provided, That of the funds provided under this
heading, not to exceed $450,000,000, 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 $749,178,000 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'', $4,503,978,000, 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'', $1,295,000,000, 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; and
sustainment, to foreign security forces, irregular forces, groups, or
individuals participating, or preparing to participate in activities to
counter the Islamic State of Iraq and Syria, and their affiliated or
associated groups: Provided further, That these funds may be used in
such amounts as the Secretary of Defense may determine to enhance the
border security of nations adjacent to conflict areas including Jordan,
Lebanon, Egypt, and Tunisia resulting from actions of the Islamic State
of Iraq and Syria: Provided further, That amounts made available under
this heading shall be available to provide assistance only for
activities in a country designated by the Secretary of Defense, in
coordination with the Secretary of State, as having a security mission
to counter the Islamic State of Iraq and Syria, and following written
notification to the congressional defense committees of such
designation: Provided further, That the Secretary of Defense shall
ensure that prior to providing assistance to elements of any forces or
individuals, such elements or individuals are appropriately vetted,
including at a minimum, assessing such elements for associations with
terrorist groups or groups associated with the Government of Iran; and
receiving commitments from such elements to promote respect for human
rights and the rule of law: Provided further, That the Secretary of
Defense shall, not fewer than 15 days prior to obligating from this
appropriation account, notify the congressional defense committees in
writing of the details of any such obligation: Provided further, That
the Secretary of Defense may accept and retain contributions, including
assistance in-kind, from foreign governments, including the Government
of Iraq and other entities, to carry out assistance authorized under
this heading: Provided further, That contributions of funds for the
purposes provided herein from any foreign government or other entity
may be credited to this Fund, to remain available until expended, and
used for such purposes: Provided further, That the Secretary of Defense
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'',
$482,091,000, 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'',
$1,414,218,000, 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'', $353,454,000, 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'',
$1,105,850,000, 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'',
$119,045,000, 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'',
$351,300,000, 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'',
$513,310,000, 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'', $939,433,000 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'',
$4,011,201,000, 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'',
$465,987,000, to remain available until September 30, 2022: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
National Guard and Reserve Equipment Account
For procurement of rotary-wing aircraft; combat, tactical and
support vehicles; other weapons; and other procurement items for the
reserve components of the Armed Forces, $1,300,000,000, to remain
available for obligation until September 30, 2022: Provided, That the
Chiefs of National Guard and Reserve components shall, not later than
30 days after enactment of this Act, individually submit to the
congressional defense committees the modernization priority assessment
for their respective National Guard or Reserve component: Provided
further, That none of the funds made available by this paragraph may be
used to procure manned fixed wing aircraft, or procure or modify
missiles, munitions, or ammunition: Provided further, That such amount
is designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
For an additional amount for ``Research, Development, Test and
Evaluation, Army'', $169,074,000, 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'', $382,636,000, 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 the transfer
authority contained in section 9002 in title IX of this Act shall not
apply to amounts made available under this heading: 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.
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 $500,000,000 between the appropriations or funds made available to
the Department of Defense in this title: Provided, That the Secretary
shall notify the Congress promptly of each transfer made pursuant to
the authority in this section: Provided further, That the authority
provided in this section is in addition to any other transfer authority
available to the Department of Defense and is subject to the same terms
and conditions as the authority provided in section 8005 of this Act.
Sec. 9003. Supervision and administration costs and costs for
design during construction associated with a construction project
funded with appropriations available for operation and maintenance or
the ``Afghanistan Security Forces Fund'' provided in this Act and
executed in direct support of overseas contingency operations in
Afghanistan, may be obligated at the time a construction contract is
awarded: Provided, That, for the purpose of this section, supervision
and administration costs and costs for design during construction
include all in-house Government costs.
Sec. 9004. From funds made available in this title, the Secretary
of Defense may purchase for use by military and civilian employees of
the Department of Defense in the United States Central Command area of
responsibility: (1) passenger motor vehicles up to a limit of $75,000
per vehicle; and (2) heavy and light armored vehicles for the physical
security of personnel or for force protection purposes up to a limit of
$450,000 per vehicle, notwithstanding price or other limitations
applicable to the purchase of passenger carrying vehicles.
Sec. 9005. Not to exceed $5,000,000 of the amounts appropriated by
this title under the heading ``Operation and Maintenance, Army'' may be
used, notwithstanding any other provision of law, to fund the
Commanders' Emergency Response Program (CERP), for the purpose of
enabling military commanders in Afghanistan to respond to urgent,
small-scale, humanitarian relief and reconstruction requirements within
their areas of responsibility: Provided, That each project (including
any ancillary or related elements in connection with such project)
executed under this authority shall not exceed $2,000,000: Provided
further, That not later than 45 days after the end of each 6 months of
the fiscal year, the Secretary of Defense shall submit to the
congressional defense committees a report regarding the source of funds
and the allocation and use of funds during that 6-month period that
were made available pursuant to the authority provided in this section
or under any other provision of law for the purposes described herein:
Provided further, That, not later than 30 days after the end of each
fiscal year quarter, the Army shall submit to the congressional defense
committees quarterly commitment, obligation, and expenditure data for
the CERP in Afghanistan: Provided further, That, not less than 15 days
before making funds available pursuant to the authority provided in
this section or under any other provision of law for the purposes
described herein for a project with a total anticipated cost for
completion of $500,000 or more, the Secretary shall submit to the
congressional defense committees a written notice containing each of
the following:
(1) The location, nature and purpose of the proposed
project, including how the project is intended to advance the
military campaign plan for the country in which it is to be
carried out.
(2) The budget, implementation timeline with milestones,
and completion date for the proposed project, including any
other CERP funding that has been or is anticipated to be
contributed to the completion of the project.
(3) A plan for the sustainment of the proposed project,
including the agreement with either the host nation, a non-
Department of Defense agency of the United States Government or
a third-party contributor to finance the sustainment of the
activities and maintenance of any equipment or facilities to be
provided through the proposed project.
Sec. 9006. Funds available to the Department of Defense for
operation and maintenance may be used, notwithstanding any other
provision of law, to provide supplies, services, transportation,
including airlift and sealift, and other logistical support to allied
forces participating in a combined operation with the armed forces of
the United States and coalition forces supporting military and
stability operations in Afghanistan and to counter the Islamic State of
Iraq and Syria: Provided, That the Secretary of Defense shall provide
quarterly reports to the congressional defense committees regarding
support provided under this section.
Sec. 9007. None of the funds appropriated or otherwise made
available by this or any other Act shall be obligated or expended by
the United States Government for a purpose as follows:
(1) To establish any military installation or base for the
purpose of providing for the permanent stationing of United
States Armed Forces in Iraq.
(2) To exercise United States control over any oil resource
of Iraq.
(3) To establish any military installation or base for the
purpose of providing for the permanent stationing of United
States Armed Forces in Afghanistan.
Sec. 9008. None of the funds made available in this Act may be
used in contravention of the following laws enacted or regulations
promulgated to implement the United Nations Convention Against Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment (done at
New York on December 10, 1984):
(1) Section 2340A of title 18, United States Code.
(2) Section 2242 of the Foreign Affairs Reform and
Restructuring Act of 1998 (division G of Public Law 105-277;
112 Stat. 2681-822; 8 U.S.C. 1231 note) and regulations
prescribed thereto, including regulations under part 208 of
title 8, Code of Federal Regulations, and part 95 of title 22,
Code of Federal Regulations.
(3) Sections 1002 and 1003 of the Department of Defense,
Emergency Supplemental Appropriations to Address Hurricanes in
the Gulf of Mexico, and Pandemic Influenza Act, 2006 (Public
Law 109-148).
Sec. 9009. None of the funds provided for the ``Afghanistan
Security Forces Fund'' (ASFF) may be obligated prior to the approval of
a financial and activity plan by the Afghanistan Resources Oversight
Council (AROC) of the Department of Defense: Provided, That the AROC
must approve the requirement and acquisition plan for any service
requirements in excess of $50,000,000 annually and any non-standard
equipment requirements in excess of $100,000,000 using ASFF: Provided
further, That the Department of Defense must certify to the
congressional defense committees that the AROC has convened and
approved a process for ensuring compliance with the requirements in the
preceding proviso and accompanying report language for the ASFF.
Sec. 9010. Funds made available in this title to the Department of
Defense for operation and maintenance may be used to purchase items
having an investment unit cost of not more than $250,000: Provided,
That, upon determination by the Secretary of Defense that such action
is necessary to meet the operational requirements of a Commander of a
Combatant Command engaged in contingency operations overseas, such
funds may be used to purchase items having an investment item unit cost
of not more than $500,000.
Sec. 9011. Up to $500,000,000 of funds appropriated by this Act
for the Defense Security Cooperation Agency in ``Operation and
Maintenance, Defense-Wide'' may be used to provide assistance to the
Government of Jordan to support the armed forces of Jordan and to
enhance security along its borders.
Sec. 9012. None of the funds made available by this Act under the
heading ``Counter-ISIS Train and Equip Fund'' may be used to procure or
transfer man-portable air defense systems.
Sec. 9013. For the ``Ukraine Security Assistance Initiative'',
$250,000,000 is hereby appropriated, to remain available until
September 30, 2020: 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; 129 Stat. 1068): 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 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, $500,000,000 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 1 year
of the certification, the authority under this section to provide
assistance to such unit shall no longer apply: Provided further, That
the Secretary shall submit a report to such committees detailing the
final disposition of the case by the Government of Afghanistan.
Sec. 9022. None of the funds made available by this Act may be
used to pay the expenses of any member of the Taliban to participate in
any meeting that does not include the participation of members of the
Government of Afghanistan or that restricts the participation of women.
(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:
``Operation and Maintenance, Defense-Wide: Defense Security
Cooperation Account'', 2019/2020, $7,000,000;
``Afghanistan Security Forces Fund'', 2019/2020, $30,000,000;
``Counter-ISIS Train and Equip Fund'', 2019/2020, $13,000,000; and
``Procurement of Ammunition, Navy and Marine Corps'', 2019/2021,
$16,574,000.
Sec. 9024. Each amount designated in this Act by the Congress for
Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985 shall be available (or rescinded, if applicable)
only if the President subsequently so designates all such amounts and
transmits such designations to the Congress.
Sec. 9025. (a) The Authorization for Use of Military Force (Public
Law 107-40; 50 U.S.C. 1541 note) is hereby repealed.
(b) The repeal contained in subsection (a)--
(1) takes effect on the date that is 240 days after the
date of the enactment of this Act; and
(2) applies with respect to each operation or other action
that is being carried out pursuant to the Authorization for Use
of Military Force initiated before such effective date.
Sec. 9026. Nothing in this Act may be construed as authorizing the
use of force against Iran.
TITLE X--TO DIRECT THE REMOVAL OF UNITED STATES ARMED FORCES FROM
HOSTILITIES IN THE REPUBLIC OF YEMEN THAT HAVE NOT BEEN AUTHORIZED BY
CONGRESS
SEC. 10001. FINDINGS.
Congress makes the following findings:
(1) Congress has the sole power to declare war under
article I, section 8, clause 11 of the United States
Constitution.
(2) Congress has not declared war with respect to, or
provided a specific statutory authorization for, the conflict
between military forces led by Saudi Arabia, including forces
from the United Arab Emirates, Bahrain, Kuwait, Egypt, Jordan,
Morocco, Senegal, and Sudan (the Saudi-led coalition), against
the Houthis, also known as Ansar Allah, in the Republic of
Yemen.
(3) Since March 2015, members of the United States Armed
Forces have been introduced into hostilities between the Saudi-
led coalition and the Houthis, including providing to the
Saudi-led coalition aerial targeting assistance, intelligence
sharing, and mid-flight aerial refueling.
(4) The United States has established a Joint Combined
Planning Cell with Saudi Arabia, in which members of the United
States Armed Forces assist in aerial targeting and help to
coordinate military and intelligence activities.
(5) In December 2017, Secretary of Defense James N. Mattis
stated, ``We have gone in to be very--to be helpful where we
can in identifying how you do target analysis and how you make
certain you hit the right thing.''.
(6) The conflict between the Saudi-led coalition and the
Houthis constitutes, within the meaning of section 4(a) of the
War Powers Resolution (50 U.S.C. 1543(a)), either hostilities
or a situation where imminent involvement in hostilities is
clearly indicated by the circumstances into which United States
Armed Forces have been introduced.
(7) Section 5(c) of the War Powers Resolution (50 U.S.C.
1544(c)) states that ``at any time that United States Armed
Forces are engaged in hostilities outside the territory of the
United States, its possessions and territories without a
declaration of war or specific statutory authorization, such
forces shall be removed by the President if the Congress so
directs''.
(8) Section 8(c) of the War Powers Resolution (50 U.S.C.
1547(c)) defines the introduction of United States Armed Forces
to include ``the assignment of members of such armed forces to
command, coordinate, participate in the movement of, or
accompany the regular or irregular military forces of any
foreign country or government when such military forces are
engaged, or there exists an imminent threat that such forces
will become engaged, in hostilities,'' and activities that the
United States is conducting in support of the Saudi-led
coalition, including aerial refueling and targeting assistance,
fall within this definition.
(9) Section 1013 of the Department of State Authorization
Act, Fiscal Years 1984 and 1985 (50 U.S.C. 1546a) provides that
any joint resolution or bill to require the removal of United
States Armed Forces engaged in hostilities without a
declaration of war or specific statutory authorization shall be
considered in accordance with the expedited procedures of
section 601(b) of the International Security and Arms Export
Control Act of 1976 (Public Law 94-329; 90 Stat. 765).
(10) No specific statutory authorization for the use of
United States Armed Forces with respect to the conflict between
the Saudi-led coalition and the Houthis in Yemen has been
enacted, and no provision of law explicitly authorizes the
provision of targeting assistance or of midair refueling
services to warplanes of Saudi Arabia or the United Arab
Emirates that are engaged in such conflict.
SEC. 10002. REMOVAL OF UNITED STATES ARMED FORCES FROM HOSTILITIES IN
THE REPUBLIC OF YEMEN THAT HAVE NOT BEEN AUTHORIZED BY
CONGRESS.
Pursuant to section 1013 of the Department of State Authorization
Act, Fiscal Years 1984 and 1985 (50 U.S.C. 1546a) and in accordance
with the provisions of section 601(b) of the International Security
Assistance and Arms Export Control Act of 1976 (Public Law 94-329; 90
Stat. 765), Congress hereby directs the President to remove United
States Armed Forces from hostilities in or affecting the Republic of
Yemen, except United States Armed Forces engaged in operations directed
at al Qaeda or associated forces, by not later than the date that is 30
days after the date of the enactment of this Act (unless the President
requests and Congress authorizes a later date), and unless and until a
declaration of war or specific authorization for such use of United
States Armed Forces has been enacted. For purposes of this title, in
this section, the term ``hostilities'' includes in-flight refueling of
non-United States aircraft conducting missions as part of the ongoing
civil war in Yemen.
SEC. 10003. RULE OF CONSTRUCTION REGARDING CONTINUED MILITARY
OPERATIONS AND COOPERATION WITH ISRAEL.
Nothing in this title shall be construed to influence or disrupt
any military operations and cooperation with Israel.
SEC. 10004. RULE OF CONSTRUCTION REGARDING INTELLIGENCE SHARING.
Nothing in this title may be construed to influence or disrupt any
intelligence, counterintelligence, or investigative activities relating
to threats in or emanating from Yemen conducted by, or in conjunction
with, the United States Government involving--
(1) the collection of intelligence;
(2) the analysis of intelligence; or
(3) the sharing of intelligence between the United States
and any coalition partner if the President determines such
sharing is appropriate and in the national security interests
of the United States.
SEC. 10005. REPORT ON RISKS POSED BY CEASING SAUDI ARABIA SUPPORT
OPERATIONS.
Not later than 90 days after the date of the enactment of this Act,
the President shall submit to Congress a report assessing the risks
posed to United States citizens and the civilian population of Saudi
Arabia and the risk of regional humanitarian crises if the United
States were to cease support operations with respect to the conflict
between the Saudi-led coalition and the Houthis in Yemen.
SEC. 10006. REPORT ON INCREASED RISK OF TERRORIST ATTACKS TO UNITED
STATES ARMED FORCES ABROAD, ALLIES, AND THE CONTINENTAL
UNITED STATES IF SAUDI ARABIA CEASES YEMEN-RELATED
INTELLIGENCE SHARING WITH THE UNITED STATES.
Not later than 90 days after the date of the enactment of this Act,
the President shall submit to Congress a report assessing the increased
risk of terrorist attacks on United States Armed Forces abroad, allies,
and to the continental United States if the Government of Saudi Arabia
were to cease Yemen-related intelligence sharing with the United
States.
SEC. 10007. RULE OF CONSTRUCTION REGARDING NO AUTHORIZATION FOR USE OF
MILITARY FORCE.
Consistent with section 8(a)(1) of the War Powers Resolution (50
U.S.C. 1547(a)(1)), nothing in this title may be construed as
authorizing the use of military force.
TITLE XI--ADDITIONAL GENERAL PROVISIONS
Sec. 11001. Except as expressly provided otherwise, any reference
to ``this Act'' contained in this division shall be treated as
referring only to the provisions of this division.
Sec. 11002. Any reference to a ``report accompanying this Act''
contained in this division shall be treated as a reference to House
Report 116-84. The effect of such Report shall be limited to this
division and shall apply for purposes of determining the allocation of
funds provided by, and the implementation of, this division.
Sec. 11003. None of the funds made available by this Act may be
made available to the Taliban.
Sec. 11004. None of the funds made available by this Act may be
used to implement Directive-type Memorandum (DTM)-19-004, Military
Service by Transgender Persons and Persons with Gender Dysphoria, March
12, 2019 (effective date April 12, 2019).
Sec. 11005. None of the funds made available by this Act may be
used to issue export licenses for the following defense items,
including defense articles, defense services, and related technical
data, described in the certification Transmittal Numbers DDTC-17-079,
DDTC-17-094, DDTC 17-112, DDTC-17-126, DDTC-17-128, DDTC-18-013, DDTC-
18-029, DDTC-18-030, DDTC-18-050, DDTC-18-080, DDTC-18-103, DDTC-18-
109, DDTC-18-110, DDTC-19-001, 17-0B, 17-BM, 17-CR, 17-CU, 18-AU, 18-
BE, 19-AA and 19-AR.
This Act may be cited as the ``Department of Defense
Appropriations Act, 2020''.
DIVISION D--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED
PROGRAMS APPROPRIATIONS ACT, 2020
The following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the Department of State,
foreign operations, and related programs for the fiscal year ending
September 30, 2020, and for other purposes, namely:
TITLE I
DEPARTMENT OF STATE AND RELATED AGENCY
DEPARTMENT OF STATE
Administration of Foreign Affairs
diplomatic programs
For necessary expenses of the Department of State and the Foreign
Service not otherwise provided for, $9,245,766,000 (increased by
$1,000,000) (reduced by $1,000,000) (increased by $1) (reduced by $1)
(reduced by $500,000), of which up to $772,480,000 may remain available
until September 30, 2021, and of which up to $4,095,899,000 may remain
available until expended for Worldwide Security Protection: Provided,
That of the amount made available under this heading for Worldwide
Security Protection, $2,626,122,000 is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985: Provide further, That designated funds made
available under this heading shall be allocated in accordance with
paragraphs (1) through (4) as follows:
(1) Human resources.--For necessary expenses for training,
human resources management, and salaries, including employment
without regard to civil service and classification laws of
persons on a temporary basis (not to exceed $700,000), as
authorized by section 801 of the United States Information and
Educational Exchange Act of 1948, $2,900,417,000, of which up
to $509,782,000 is for Worldwide Security Protection.
(2) Overseas programs.--For necessary expenses for the
regional bureaus of the Department of State and overseas
activities as authorized by law, $1,955,868,000.
(3) Diplomatic policy and support.--For necessary expenses
for the functional bureaus of the Department of State,
including representation to certain international organizations
in which the United States participates pursuant to treaties
ratified pursuant to the advice and consent of the Senate or
specific Acts of Congress, general administration, and arms
control, nonproliferation and disarmament activities as
authorized, $780,057,000 (reduced by $500,000).
(4) Security programs.--For necessary expenses for security
activities, $3,609,424,000, of which up to $3,586,117,000 is
for Worldwide Security Protection.
(5) Fees and payments collected.--In addition to amounts
otherwise made available under this heading--
(A) as authorized by section 810 of the United
States Information and Educational Exchange Act, not to
exceed $5,000,000, to remain available until expended,
may be credited to this appropriation from fees or
other payments received from English teaching, library,
motion pictures, and publication programs and from fees
from educational advising and counseling and exchange
visitor programs; and
(B) not to exceed $15,000, which shall be derived
from reimbursements, surcharges, and fees for use of
Blair House facilities.
(6) Transfer of funds, reprogramming, and other matters.--
(A) Notwithstanding any other provision of this
Act, funds may be reprogrammed within and between
paragraphs (1) through (4) under this heading subject
to section 7015 of this Act.
(B) Of the amount made available under this
heading, not to exceed $10,000,000 may be transferred
to, and merged with, funds made available by this Act
under the heading ``Emergencies in the Diplomatic and
Consular Service'', to be available only for emergency
evacuations and rewards, as authorized.
(C) Funds appropriated under this heading are
available for acquisition by exchange or purchase of
passenger motor vehicles as authorized by law and,
pursuant to section 1108(g) of title 31, United States
Code, for the field examination of programs and
activities in the United States funded from any account
contained in this title.
(7) Clarification.--References to the ``Diplomatic and
Consular Programs'' account in any provision of law shall in
this fiscal year, and each fiscal year thereafter, be construed
to include the ``Diplomatic Programs'' account.
capital investment fund
For necessary expenses of the Capital Investment Fund, as
authorized, $140,000,000 (reduced by $500,000), to remain available
until expended.
office of inspector general
For necessary expenses of the Office of Inspector General,
$90,829,000, notwithstanding section 209(a)(1) of the Foreign Service
Act of 1980 (22 U.S.C. 3929(a)(1)), as it relates to post inspections:
Provided, That of the funds appropriated by this paragraph, $13,624,000
may remain available until September 30, 2021.
In addition, for the Special Inspector General for Afghanistan
Reconstruction (SIGAR) for reconstruction oversight, $54,900,000, which
is designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985, of which up
to $8,235,000 may remain available until September 30, 2021.
educational and cultural exchange programs
For expenses of educational and cultural exchange programs, as
authorized, $730,000,000, to remain available until expended, of which
not less than $272,000,000 shall be for the Fulbright Program and not
less than $111,961,000 shall be for Citizen Exchange Program: Provided,
That fees or other payments received from, or in connection with,
English teaching, educational advising and counseling programs, and
exchange visitor programs as authorized may be credited to this
account, to remain available until expended: Provided further, That a
portion of the Fulbright awards from the Eurasia and Central Asia
regions shall be designated as Edmund S. Muskie Fellowships, following
consultation with the Committees on Appropriations: Provided further,
That any substantive modifications from the prior fiscal year to
programs funded by this Act under this heading shall be subject to
prior consultation with, and the regular notification procedures of,
the Committees on Appropriations.
representation expenses
For representation expenses as authorized, $7,212,000.
protection of foreign missions and officials
For expenses, not otherwise provided, to enable the Secretary of
State to provide for extraordinary protective services, as authorized,
$30,890,000, to remain available until September 30, 2021.
embassy security, construction, and maintenance
For necessary expenses for carrying out the Foreign Service
Buildings Act of 1926 (22 U.S.C. 292 et seq.), preserving, maintaining,
repairing, and planning for real property that are owned or leased by
the Department of State, and renovating, in addition to funds otherwise
available, the Harry S Truman Building, $781,562,000, to remain
available until September 30, 2024, of which not to exceed $25,000 may
be used for overseas representation expenses as authorized: Provided,
That none of the funds appropriated in this paragraph shall be
available for acquisition of furniture, furnishings, or generators for
other departments and agencies of the United States Government.
In addition, for the costs of worldwide security upgrades,
acquisition, and construction as authorized, $1,205,649,000, to remain
available until expended, of which $424,087,000 is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
emergencies in the diplomatic and consular service
For necessary expenses to enable the Secretary of State to meet
unforeseen emergencies arising in the Diplomatic and Consular Service,
as authorized, $7,885,000, to remain available until expended, of which
not to exceed $1,000,000 may be transferred to, and merged with, funds
appropriated by this Act under the heading ``Repatriation Loans Program
Account''.
repatriation loans program account
For the cost of direct loans, $1,300,000, as authorized: Provided,
That such costs, including the cost of modifying such loans, shall be
as defined in section 502 of the Congressional Budget Act of 1974:
Provided further, That such funds are available to subsidize gross
obligations for the principal amount of direct loans not to exceed
$5,563,619.
payment to the american institute in taiwan
For necessary expenses to carry out the Taiwan Relations Act
(Public Law 96-8), $31,963,000.
international center, washington, district of columbia
Not to exceed $1,806,600 shall be derived from fees collected from
other executive agencies for lease or use of facilities at the
International Center in accordance with section 4 of the International
Center Act (Public Law 90-553), and, in addition, as authorized by
section 5 of such Act, $743,000, to be derived from the reserve
authorized by such section, to be used for the purposes set out in that
section.
payment to the foreign service retirement and disability fund
For payment to the Foreign Service Retirement and Disability Fund,
as authorized, $158,900,000.
International Organizations
contributions to international organizations
For necessary expenses, not otherwise provided for, to meet annual
obligations of membership in international multilateral organizations,
pursuant to treaties ratified pursuant to the advice and consent of the
Senate, conventions, or specific Acts of Congress, $1,520,285,000, of
which $96,240,000 is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control
Act of 1985: Provided, That the Secretary of State shall, at the time
of the submission of the President's budget to Congress under section
1105(a) of title 31, United States Code, transmit to the Committees on
Appropriations the most recent biennial budget prepared by the United
Nations for the operations of the United Nations: Provided further,
That any payment of arrearages under this heading shall be directed to
activities that are mutually agreed upon by the United States and the
respective international organization and shall be subject to the
regular notification procedures of the Committees on Appropriations:
Provided further, That none of the funds appropriated under this
heading shall be available for a United States contribution to an
international organization for the United States share of interest
costs made known to the United States Government by such organization
for loans incurred on or after October 1, 1984, through external
borrowings.
contributions for international peacekeeping activities
For necessary expenses to pay assessed and other expenses of
international peacekeeping activities directed to the maintenance or
restoration of international peace and security, $2,128,414,000, of
which $988,656,000 is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control
Act of 1985: Provided, That of the funds made available under this
heading up to $1,159,620,000 may remain available until September 30,
2021: Provided further, That none of the funds made available by this
Act shall be obligated or expended for any new or expanded United
Nations peacekeeping mission unless, at least 15 days in advance of
voting for such mission in the United Nations Security Council (or in
an emergency as far in advance as is practicable), the Committees on
Appropriations are notified of: (1) the estimated cost and duration of
the mission, the objectives of the mission, the national interest that
will be served, and the exit strategy; and (2) the sources of funds,
including any reprogrammings or transfers, that will be used to pay the
cost of the new or expanded mission, and the estimated cost in future
fiscal years: Provided further, That none of the funds appropriated
under this heading may be made available for obligation unless the
Secretary of State certifies and reports to the Committees on
Appropriations on a peacekeeping mission-by-mission basis that the
United Nations is implementing effective policies and procedures to
prevent United Nations employees, contractor personnel, and
peacekeeping troops serving in such mission from trafficking in
persons, exploiting victims of trafficking, or committing acts of
sexual exploitation and abuse or other violations of human rights, and
to hold accountable individuals who engage in such acts while
participating in such mission, including prosecution in their home
countries and making information about such prosecutions publicly
available on the website of the United Nations: Provided further, That
the Secretary of State shall work with the United Nations and foreign
governments contributing peacekeeping troops to implement effective
vetting procedures to ensure that such troops have not violated human
rights: Provided further, That funds shall be available for
peacekeeping expenses unless the Secretary of State determines that
United States manufacturers and suppliers are not being given
opportunities to provide equipment, services, and material for United
Nations peacekeeping activities equal to those being given to foreign
manufacturers and suppliers: Provided further, That none of the funds
appropriated or otherwise made available under this heading may be used
for any United Nations peacekeeping mission that will involve United
States Armed Forces under the command or operational control of a
foreign national, unless the President's military advisors have
submitted to the President a recommendation that such involvement is in
the national interest of the United States and the President has
submitted to Congress such a recommendation: Provided further, That the
Secretary of State shall work with the United Nations and members of
the United Nations Security Council to evaluate and prioritize
peacekeeping missions, and to consider a draw down when mission goals
have been substantially achieved: Provided further, That, of the
amounts appropriated under this heading, not less than $478,994,000
shall be disbursed to the United Nations not later than 45 days after
the enactment of this Act for the remaining amounts necessary to pay in
full for fiscal years 2017 and 2018 the United States share of the cost
of international peacekeeping activities in accordance with section
404(b)(2)(B) of the Foreign Relations Authorization Act, Fiscal Years
1994 and 1995, (22 U.S.C. 287e note), as amended by section 7048(h) of
this Act.
International Commissions
For necessary expenses, not otherwise provided for, to meet
obligations of the United States arising under treaties, or specific
Acts of Congress, as follows:
international boundary and water commission, united states and mexico
For necessary expenses for the United States Section of the
International Boundary and Water Commission, United States and Mexico,
and to comply with laws applicable to the United States Section,
including not to exceed $6,000 for representation expenses; as follows:
salaries and expenses
For salaries and expenses, not otherwise provided for, $48,170,000.
construction
For detailed plan preparation and construction of authorized
projects, $29,400,000 (reduced by $4,000,000) (increased by
$4,000,000), to remain available until expended, as authorized.
american sections, international commissions
For necessary expenses, not otherwise provided, for the
International Joint Commission and the International Boundary
Commission, United States and Canada, as authorized by treaties between
the United States and Canada or Great Britain, and the Border
Environment Cooperation Commission as authorized by the North American
Free Trade Agreement Implementation Act (Public Law 103-182),
$12,732,000: Provided, That of the amount provided under this heading
for the International Joint Commission, up to $500,000 may remain
available until September 30, 2021, and $9,000 may be made available
for representation expenses: Provided further, That of the amount
provided under this heading for the International Boundary Commission,
$1,000 may be made available for representation expenses.
international fisheries commissions
For necessary expenses for international fisheries commissions, not
otherwise provided for, as authorized by law, $51,058,000 (increased by
$500,000): Provided, That the United States share of such expenses may
be advanced to the respective commissions pursuant to section 3324 of
title 31, United States Code.
RELATED AGENCY
United States Agency for Global Media
international broadcasting operations
For necessary expenses to enable the United States Agency for
Global Media (USAGM), as authorized, to carry out international
communication activities, and to make and supervise grants for radio,
Internet, and television broadcasting to the Middle East, $798,196,000
(increased by $500,000): Provided, That in addition to amounts
otherwise available for such purposes, up to $34,508,000 of the amount
appropriated under this heading may remain available until expended for
satellite transmissions and Internet freedom programs, of which not
less than $13,800,000 shall be for Internet freedom programs: Provided
further, That of the total amount appropriated under this heading, not
to exceed $35,000 may be used for representation expenses, of which
$10,000 may be used for such expenses within the United States as
authorized, and not to exceed $30,000 may be used for representation
expenses of Radio Free Europe/Radio Liberty: Provided further, That the
USAGM shall notify the Committees on Appropriations within 15 days of
any determination by the USAGM that any of its broadcast entities,
including its grantee organizations, provides an open platform for
international terrorists or those who support international terrorism,
or is in violation of the principles and standards set forth in
subsections (a) and (b) of section 303 of the United States
International Broadcasting Act of 1994 (22 U.S.C. 6202) or the entity's
journalistic code of ethics: Provided further, That in addition to
funds made available under this heading, and notwithstanding any other
provision of law, up to $5,000,000 in receipts from advertising and
revenue from business ventures, up to $500,000 in receipts from
cooperating international organizations, and up to $1,000,000 in
receipts from privatization efforts of the Voice of America and the
International Broadcasting Bureau, shall remain available until
expended for carrying out authorized purposes: Provided further, That
any reference to the ``Broadcasting Board of Governors'' or ``BBG'',
including in any account providing amounts to the Broadcasting Board of
Governors, in any Act making appropriations for the Department of
State, foreign operations, and related programs enacted before, on, or
after the date of the enactment of this Act shall for this fiscal year,
and any fiscal year thereafter, be construed to mean the ``United
States Agency for Global Media'' or ``USAGM'', respectively.
broadcasting capital improvements
For the purchase, rent, construction, repair, preservation, and
improvement of facilities for radio, television, and digital
transmission and reception; the purchase, rent, and installation of
necessary equipment for radio, television, and digital transmission and
reception, as authorized; and physical security worldwide, in addition
to amounts otherwise available for such purposes, $9,700,000, to remain
available until expended, as authorized.
RELATED PROGRAMS
The Asia Foundation
For a grant to The Asia Foundation, as authorized by The Asia
Foundation Act (22 U.S.C. 4402), $19,000,000, to remain available until
expended: Provided, That funds appropriated under this heading shall be
apportioned and obligated to the Foundation not later than 60 days
after enactment of this Act.
United States Institute of Peace
For necessary expenses of the United States Institute of Peace, as
authorized by the United States Institute of Peace Act (22 U.S.C. 4601
et seq.), $38,634,000, to remain available until September 30, 2021,
which shall not be used for construction activities.
Center for Middle Eastern-Western Dialogue Trust Fund
For necessary expenses of the Center for Middle Eastern-Western
Dialogue Trust Fund, as authorized by section 633 of the Departments of
Commerce, Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 2004 (22 U.S.C. 2078), the total amount of the
interest and earnings accruing to such Fund on or before September 30,
2020, to remain available until expended.
Eisenhower Exchange Fellowship Program
For necessary expenses of Eisenhower Exchange Fellowships,
Incorporated, as authorized by sections 4 and 5 of the Eisenhower
Exchange Fellowship Act of 1990 (20 U.S.C. 5204-5205), all interest and
earnings accruing to the Eisenhower Exchange Fellowship Program Trust
Fund on or before September 30, 2020, to remain available until
expended: Provided, That none of the funds appropriated herein shall be
used to pay any salary or other compensation, or to enter into any
contract providing for the payment thereof, in excess of the rate
authorized by section 5376 of title 5, United States Code; or for
purposes which are not in accordance with section 200 of title 2 of the
Code of Federal Regulations, including the restrictions on compensation
for personal services.
Israeli Arab Scholarship Program
For necessary expenses of the Israeli Arab Scholarship Program, as
authorized by section 214 of the Foreign Relations Authorization Act,
Fiscal Years 1992 and 1993 (22 U.S.C. 2452 note), all interest and
earnings accruing to the Israeli Arab Scholarship Fund on or before
September 30, 2020, to remain available until expended.
East-West Center
To enable the Secretary of State to provide for carrying out the
provisions of the Center for Cultural and Technical Interchange Between
East and West Act of 1960, by grant to the Center for Cultural and
Technical Interchange Between East and West in the State of Hawaii,
$16,700,000: Provided, That funds appropriated under this heading shall
be apportioned and obligated to the Center not later than 60 days after
enactment of this Act.
National Endowment for Democracy
For grants made by the Department of State to the National
Endowment for Democracy, as authorized by the National Endowment for
Democracy Act (22 U.S.C. 4412), $180,000,000, to remain available until
expended, of which $117,500,000 shall be allocated in the traditional
and customary manner, including for the core institutes, and
$62,500,000 shall be for democracy programs: Provided, That the
requirements of section 7061(a) of this Act shall not apply to funds
made available under this heading: Provided further, That funds
appropriated under this heading shall be apportioned and obligated to
the Endowment not later than 30 days after enactment of this Act.
OTHER COMMISSIONS
Commission for the Preservation of America's Heritage Abroad
salaries and expenses
For necessary expenses for the Commission for the Preservation of
America's Heritage Abroad, $642,000, as authorized by chapter 3123 of
title 54, United States Code: Provided, That the Commission may procure
temporary, intermittent, and other services notwithstanding paragraph
(3) of section 312304(b) of such chapter: Provided further, That such
authority shall terminate on October 1, 2020: Provided further, That
the Commission shall notify the Committees on Appropriations prior to
exercising such authority.
United States Commission on International Religious Freedom
salaries and expenses
For necessary expenses for the United States Commission on
International Religious Freedom (USCIRF), as authorized by title II of
the International Religious Freedom Act of 1998 (22 U.S.C. 6431 et
seq.), $4,500,000, to remain available until September 30, 2021,
including not more than $4,000 for representation expenses.
Commission on Security and Cooperation in Europe
salaries and expenses
For necessary expenses of the Commission on Security and
Cooperation in Europe, as authorized by Public Law 94-304 (22 U.S.C.
3001 et seq.), $2,579,000, including not more than $4,000 for
representation expenses, to remain available until September 30, 2021.
Congressional-Executive Commission on the People's Republic of China
salaries and expenses
For necessary expenses of the Congressional-Executive Commission on
the People's Republic of China, as authorized by title III of the U.S.-
China Relations Act of 2000 (22 U.S.C. 6911 et seq.), $2,000,000,
including not more than $3,000 for representation expenses, to remain
available until September 30, 2021.
United States-China Economic and Security Review Commission
salaries and expenses
For necessary expenses of the United States-China Economic and
Security Review Commission, as authorized by section 1238 of the Floyd
D. Spence National Defense Authorization Act for Fiscal Year 2001 (22
U.S.C. 7002), $3,500,000, including not more than $4,000 for
representation expenses, to remain available until September 30, 2021:
Provided, That the authorities, requirements, limitations, and
conditions contained in the second through sixth provisos under this
heading in the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2010 (division F of Public Law 111-117)
shall continue in effect during fiscal year 2020 and shall apply to
funds appropriated under this heading as if included in this Act.
Western Hemisphere Drug Policy Commission
salaries and expenses
For necessary expenses of the Western Hemisphere Drug Policy
Commission, as authorized by title VI of the Department of State
Authorities Act, Fiscal Year 2017 (Public Law 114-323), $500,000 to
remain available until September 30, 2021.
TITLE II
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
Funds Appropriated to the President
operating expenses
For necessary expenses to carry out the provisions of section 667
of the Foreign Assistance Act of 1961, $1,404,756,000, of which up to
$210,713,000 may remain available until September 30, 2021: Provided,
That none of the funds appropriated under this heading and under the
heading ``Capital Investment Fund'' in this title may be made available
to finance the construction (including architect and engineering
services), purchase, or long-term lease of offices for use by the
United States Agency for International Development, unless the USAID
Administrator has identified such proposed use of funds in a report
submitted to the Committees on Appropriations at least 15 days prior to
the obligation of funds for such purposes: Provided further, That
contracts or agreements entered into with funds appropriated under this
heading may entail commitments for the expenditure of such funds
through the following fiscal year: Provided further, That the authority
of sections 610 and 109 of the Foreign Assistance Act of 1961 may be
exercised by the Secretary of State to transfer funds appropriated to
carry out chapter 1 of part I of such Act to ``Operating Expenses'' in
accordance with the provisions of those sections: Provided further,
That of the funds appropriated or made available under this heading,
not to exceed $250,000 may be available for representation and
entertainment expenses, of which not to exceed $5,000 may be available
for entertainment expenses, and not to exceed $100,500 shall be for
official residence expenses, for USAID during the current fiscal year.
capital investment fund
For necessary expenses for overseas construction and related costs,
and for the procurement and enhancement of information technology and
related capital investments, pursuant to section 667 of the Foreign
Assistance Act of 1961, $210,300,000, to remain available until
expended: Provided, That this amount is in addition to funds otherwise
available for such purposes: Provided further, That funds appropriated
under this heading shall be available subject to the regular
notification procedures of the Committees on Appropriations.
office of inspector general
For necessary expenses to carry out the provisions of section 667
of the Foreign Assistance Act of 1961, $75,500,000, of which up to
$11,325,000 may remain available until September 30, 2021, for the
Office of Inspector General of the United States Agency for
International Development.
TITLE III
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
For necessary expenses to enable the President to carry out the
provisions of the Foreign Assistance Act of 1961, and for other
purposes, as follows:
global health programs
For necessary expenses to carry out the provisions of chapters 1
and 10 of part I of the Foreign Assistance Act of 1961, for global
health activities, in addition to funds otherwise available for such
purposes, $3,366,500,000 (increased by $1,000,000) (reduced by
$1,000,000), to remain available until September 30, 2021, and which
shall be apportioned directly to the United States Agency for
International Development not later than 30 days after enactment of
this Act: Provided, That this amount shall be made available for
training, equipment, and technical assistance to build the capacity of
public health institutions and organizations in developing countries,
and for such activities as: (1) child survival and maternal health
programs; (2) immunization and oral rehydration programs; (3) other
health, nutrition, water and sanitation programs which directly address
the needs of mothers and children, and related education programs; (4)
assistance for children displaced or orphaned by causes other than
AIDS; (5) programs for the prevention, treatment, control of, and
research on HIV/AIDS, tuberculosis, polio, malaria, and other
infectious diseases including neglected tropical diseases, and for
assistance to communities severely affected by HIV/AIDS, including
children infected or affected by AIDS; (6) disaster preparedness
training for health crises; (7) programs to prevent, prepare for, and
respond to, unanticipated and emerging global health threats; and (8)
family planning/reproductive health: Provided further, That funds
appropriated under this paragraph may be made available for a United
States contribution to The GAVI Alliance: Provided further, That none
of the funds made available in this Act nor any unobligated balances
from prior appropriations Acts may be made available to any
organization or program which, as determined by the President of the
United States, supports or participates in the management of a program
of coercive abortion or involuntary sterilization: Provided further,
That any determination made under the previous proviso must be made not
later than 6 months after the date of enactment of this Act, and must
be accompanied by the evidence and criteria utilized to make the
determination: Provided further, That none of the funds made available
under this Act may be used to pay for the performance of abortion as a
method of family planning or to motivate or coerce any person to
practice abortions: Provided further, That nothing in this paragraph
shall be construed to alter any existing statutory prohibitions against
abortion under section 104 of the Foreign Assistance Act of 1961:
Provided further, That none of the funds made available under this Act
may be used to lobby for or against abortion: Provided further, That in
order to reduce reliance on abortion in developing nations, funds shall
be available only to voluntary family planning projects which offer,
either directly or through referral to, or information about access to,
a broad range of family planning methods and services, and that any
such voluntary family planning project shall meet the following
requirements: (1) service providers or referral agents in the project
shall not implement or be subject to quotas, or other numerical
targets, of total number of births, number of family planning
acceptors, or acceptors of a particular method of family planning (this
provision shall not be construed to include the use of quantitative
estimates or indicators for budgeting and planning purposes); (2) the
project shall not include payment of incentives, bribes, gratuities, or
financial reward to: (A) an individual in exchange for becoming a
family planning acceptor; or (B) program personnel for achieving a
numerical target or quota of total number of births, number of family
planning acceptors, or acceptors of a particular method of family
planning; (3) the project shall not deny any right or benefit,
including the right of access to participate in any program of general
welfare or the right of access to health care, as a consequence of any
individual's decision not to accept family planning services; (4) the
project shall provide family planning acceptors comprehensible
information on the health benefits and risks of the method chosen,
including those conditions that might render the use of the method
inadvisable and those adverse side effects known to be consequent to
the use of the method; and (5) the project shall ensure that
experimental contraceptive drugs and devices and medical procedures are
provided only in the context of a scientific study in which
participants are advised of potential risks and benefits; and, not less
than 60 days after the date on which the USAID Administrator determines
that there has been a violation of the requirements contained in
paragraph (1), (2), (3), or (5) of this proviso, or a pattern or
practice of violations of the requirements contained in paragraph (4)
of this proviso, the Administrator shall submit to the Committees on
Appropriations a report containing a description of such violation and
the corrective action taken by the Agency: Provided further, That in
awarding grants for natural family planning under section 104 of the
Foreign Assistance Act of 1961 no applicant shall be discriminated
against because of such applicant's religious or conscientious
commitment to offer only natural family planning; and, additionally,
all such applicants shall comply with the requirements of the previous
proviso: Provided further, That for purposes of this or any other Act
authorizing or appropriating funds for the Department of State, foreign
operations, and related programs, the term ``motivate'', as it relates
to family planning assistance, shall not be construed to prohibit the
provision, consistent with local law, of information or counseling
about all pregnancy options: Provided further, That information
provided about the use of condoms as part of projects or activities
that are funded from amounts appropriated by this Act shall be
medically accurate and shall include the public health benefits and
failure rates of such use.
In addition, for necessary expenses to carry out the provisions of
the Foreign Assistance Act of 1961 for the prevention, treatment, and
control of, and research on, HIV/AIDS, $5,930,000,000, to remain
available until September 30, 2024, which shall be apportioned directly
to the Department of State not later than 30 days after enactment of
this Act: Provided, That funds appropriated under this paragraph may be
made available, notwithstanding any other provision of law, except for
the United States Leadership Against HIV/AIDS, Tuberculosis, and
Malaria Act of 2003 (Public Law 108-25), for a United States
contribution to the Global Fund to Fight AIDS, Tuberculosis and Malaria
(Global Fund): Provided further, That the amount of such contribution
shall be $1,560,000,000 and shall be for the first installment of the
sixth replenishment: Provided further, That up to 5 percent of the
aggregate amount of funds made available to the Global Fund in fiscal
year 2020 may be made available to USAID for technical assistance
related to the activities of the Global Fund, subject to the regular
notification procedures of the Committees on Appropriations: Provided
further, That of the funds appropriated under this paragraph, up to
$17,000,000 may be made available, in addition to amounts otherwise
available for such purposes, for administrative expenses of the Office
of the United States Global AIDS Coordinator.
development assistance
For necessary expenses to carry out the provisions of sections 103,
105, 106, 214, and sections 251 through 255, and chapter 10 of part I
of the Foreign Assistance Act of 1961, $4,164,867,000 (reduced by
$5,000,000) (increased by $5,000,000), to remain available until
September 30, 2021: Provided, That funds made available under this
heading shall be apportioned directly to the United States Agency for
International Development not later than 30 days after enactment of
this Act.
international disaster assistance
For necessary expenses to carry out the provisions of section 491
of the Foreign Assistance Act of 1961 for international disaster
relief, rehabilitation, and reconstruction assistance, $4,435,312,000,
to remain available until expended, of which $1,733,980,000 is
designated by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985: Provided, That funds
made available under this heading shall be apportioned to the United
States Agency for International Development not later than 30 days
after enactment of this Act.
transition initiatives
For necessary expenses for international disaster rehabilitation
and reconstruction assistance administered by the Office of Transition
Initiatives, United States Agency for International Development,
pursuant to section 491 of the Foreign Assistance Act of 1961,
$92,043,000, to remain available until expended, to support transition
to democracy and long-term development of countries in crisis:
Provided, That if the Secretary of State determines that it is
important to the national interest of the United States to provide
transition assistance in excess of the amount appropriated under this
heading, up to $15,000,000 of the funds appropriated by this Act to
carry out the provisions of part I of the Foreign Assistance Act of
1961 may be used for purposes of this heading and under the authorities
applicable to funds appropriated under this heading: Provided further,
That funds made available pursuant to the previous proviso shall be
made available subject to prior consultation with the Committees on
Appropriations.
complex crises fund
For necessary expenses to carry out the provisions of the Foreign
Assistance Act of 1961 to support programs and activities administered
by the United States Agency for International Development to prevent or
respond to emerging or unforeseen foreign challenges and complex crises
overseas, $30,000,000, to remain available until expended: Provided,
That funds appropriated under this heading may be made available on
such terms and conditions as are appropriate and necessary for the
purposes of preventing or responding to such challenges and crises,
except that no funds shall be made available for lethal assistance or
to respond to natural disasters: Provided further, That funds
appropriated under this heading may be made available notwithstanding
any other provision of law, except sections 7007, 7008, and 7018 of
this Act and section 620M of the Foreign Assistance Act of 1961:
Provided further, That funds appropriated under this heading may be
used for administrative expenses, in addition to funds otherwise
available for such purposes, except that such expenses may not exceed 5
percent of the funds appropriated under this heading: Provided further,
That funds appropriated under this heading shall be apportioned to
USAID not later than 30 days after enactment of this Act: Provided
further, That funds appropriated under this heading shall be subject to
the regular notification procedures of the Committees on
Appropriations, except that such notifications shall be transmitted at
least 5 days prior to the obligation of funds.
democracy fund
For necessary expenses to carry out the provisions of the Foreign
Assistance Act of 1961 for the promotion of democracy globally,
including to carry out the purposes of section 502(b)(3) and (5) of
Public Law 98-164 (22 U.S.C. 4411), $172,700,000, to remain available
until September 30, 2021, which shall be made available for the Human
Rights and Democracy Fund of the Bureau of Democracy, Human Rights, and
Labor, Department of State: Provided, That funds appropriated under
this heading that are made available to the National Endowment for
Democracy and its core institutes are in addition to amounts otherwise
available by this Act for such purposes: Provided further, That the
Assistant Secretary for Democracy, Human Rights, and Labor, Department
of State, shall consult with the Committees on Appropriations prior to
the initial obligation of funds appropriated under this paragraph.
For an additional amount for such purposes, $101,000,000, to remain
available until September 30, 2021, which shall be made available for
the Bureau for Democracy, Conflict, and Humanitarian Assistance, United
States Agency for International Development.
assistance for europe, eurasia and central asia
For necessary expenses to carry out the provisions of the Foreign
Assistance Act of 1961, the FREEDOM Support Act (Public Law 102-511),
and the Support for Eastern European Democracy (SEED) Act of 1989
(Public Law 101-179), $770,334,000 (increased by $40,000,000) (reduced
by $40,000,000) (increased by $1,500,000) (reduced by $1,500,000), to
remain available until September 30, 2021, which shall be available,
notwithstanding any other provision of law, except section 7046 of this
Act, for assistance and related programs for countries identified in
section 3 of Public Law 102-511 (22 U.S.C. 5801) and section 3(c) of
Public Law 101-179 (22 U.S.C. 5402), in addition to funds otherwise
available for such purposes: Provided, That funds appropriated by this
Act under the headings ``Global Health Programs'', ``Development
Assistance'', ``Economic Support Fund'', and ``International Narcotics
Control and Law Enforcement'' that are made available for assistance
for such countries shall be administered in accordance with the
responsibilities of the coordinator designated pursuant to section 102
of Public Law 102-511 and section 601 of Public Law 101-179: Provided
further, That funds appropriated under this heading shall be considered
to be economic assistance under the Foreign Assistance Act of 1961 for
purposes of making available the administrative authorities contained
in that Act for the use of economic assistance: Provided further, That
funds appropriated under this heading may be made available for
contributions to multilateral initiatives to counter hybrid threats:
Provided further, That any notification of funds made available under
this heading in this Act or prior Acts making appropriations for the
Department of State, foreign operations, and related programs shall
include information (if known on the date of transmittal of such
notification) on the use of notwithstanding authority: Provided
further, That if subsequent to the notification of assistance it
becomes necessary to rely on notwithstanding authority, the Committees
on Appropriations should be informed at the earliest opportunity and to
the extent practicable.
Department of State
migration and refugee assistance
For necessary expenses not otherwise provided for, to enable the
Secretary of State to carry out the provisions of section 2(a) and (b)
of the Migration and Refugee Assistance Act of 1962, and other
activities to meet refugee and migration needs; salaries and expenses
of personnel and dependents as authorized by the Foreign Service Act of
1980; allowances as authorized by sections 5921 through 5925 of title
5, United States Code; purchase and hire of passenger motor vehicles;
and services as authorized by section 3109 of title 5, United States
Code, $3,532,000,000 (reduced by $2,000,000) (increased by $2,000,000),
to remain available until expended, of which $1,400,124,000 is
designated by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985: Provided, That not
less than $35,000,000 shall be made available to respond to small-scale
emergency humanitarian requirements, and $5,000,000 shall be made
available for refugees resettling in Israel.
united states emergency refugee and migration assistance fund
For necessary expenses to carry out the provisions of section 2(c)
of the Migration and Refugee Assistance Act of 1962, as amended (22
U.S.C. 2601(c)), $1,000,000, to remain available until expended:
Provided, That amounts in excess of the limitation contained in
paragraph (2) of such section shall be transferred to, and merged with,
funds made available by this Act under the heading ``Migration and
Refugee Assistance''.
Independent Agencies
peace corps
(including transfer of funds)
For necessary expenses to carry out the provisions of the Peace
Corps Act (22 U.S.C. 2501 et seq.), including the purchase of not to
exceed five passenger motor vehicles for administrative purposes for
use outside of the United States, $425,000,000, of which $6,330,000 is
for the Office of Inspector General, to remain available until
September 30, 2021: Provided, That the Director of the Peace Corps may
transfer to the Foreign Currency Fluctuations Account, as authorized by
section 16 of the Peace Corps Act (22 U.S.C. 2515), an amount not to
exceed $5,000,000: Provided further, That funds transferred pursuant to
the previous proviso may not be derived from amounts made available for
Peace Corps overseas operations: Provided further, That of the funds
appropriated under this heading, not to exceed $104,000 may be
available for representation expenses, of which not to exceed $4,000
may be made available for entertainment expenses: Provided further,
That none of the funds appropriated under this heading shall be used to
pay for abortions: Provided further, That notwithstanding the previous
proviso, section 614 of division E of Public Law 113-76 shall apply to
funds appropriated under this heading.
millennium challenge corporation
For necessary expenses to carry out the provisions of the
Millennium Challenge Act of 2003 (22 U.S.C. 7701 et seq.) (MCA),
$905,000,000, to remain available until expended: Provided, That of the
funds appropriated under this heading, up to $109,000,000 may be
available for administrative expenses of the Millennium Challenge
Corporation, except that such funds shall remain available for
obligation until September 30, 2021: Provided further, That section
605(e) of the MCA shall apply to funds appropriated under this heading:
Provided further, That funds appropriated under this heading may be
made available for a Millennium Challenge Compact entered into pursuant
to section 609 of the MCA only if such Compact obligates, or contains a
commitment to obligate subject to the availability of funds and the
mutual agreement of the parties to the Compact to proceed, the entire
amount of the United States Government funding anticipated for the
duration of the Compact: Provided further, That no country should be
eligible for a threshold program after such country has completed a
country compact: Provided further, That any funds that are deobligated
from a Millennium Challenge Compact shall be subject to the regular
notification procedures of the Committees on Appropriations prior to
re-obligation: Provided further, That of the funds appropriated under
this heading, not to exceed $100,000 may be available for
representation and entertainment expenses, of which not to exceed
$5,000 may be available for entertainment expenses.
inter-american foundation
For necessary expenses to carry out the functions of the Inter-
American Foundation in accordance with the provisions of section 401 of
the Foreign Assistance Act of 1969, $32,500,000, to remain available
until September 30, 2021: Provided, That of the funds appropriated
under this heading, not to exceed $2,000 may be available for
representation expenses.
united states african development foundation
For necessary expenses to carry out the African Development
Foundation Act (title V of Public Law 96-533; 22 U.S.C. 290h et seq.),
$30,000,000, to remain available until September 30, 2021, of which not
to exceed $2,000 may be available for representation expenses:
Provided, That funds made available to grantees may be invested pending
expenditure for project purposes when authorized by the Board of
Directors of the United States African Development Foundation (USADF):
Provided further, That interest earned shall be used only for the
purposes for which the grant was made: Provided further, That
notwithstanding section 505(a)(2) of the African Development Foundation
Act (22 U.S.C. 290h-3(a)(2)), in exceptional circumstances the Board of
Directors of the USADF may waive the $250,000 limitation contained in
that section with respect to a project and a project may exceed the
limitation by up to 10 percent if the increase is due solely to foreign
currency fluctuation: Provided further, That the USADF shall submit a
report to the appropriate congressional committees after each time such
waiver authority is exercised: Provided further, That the USADF may
make rent or lease payments in advance from appropriations available
for such purpose for offices, buildings, grounds, and quarters in
Africa as may be necessary to carry out its functions: Provided
further, That the USADF may maintain bank accounts outside the United
States Treasury and retain any interest earned on such accounts, in
furtherance of the purposes of the African Development Foundation Act:
Provided further, That the USADF may not withdraw any appropriation
from the Treasury prior to the need of spending such funds for program
purposes.
Department of the Treasury
international affairs technical assistance
For necessary expenses to carry out the provisions of section 129
of the Foreign Assistance Act of 1961, $30,000,000, to remain available
until expended, of which not more than $6,000,000 may be used for
administrative expenses: Provided, That amounts made available under
this heading may be made available to contract for services as
described in section 129(d)(3)(A) of the Foreign Assistance Act of
1961, without regard to the location in which such services are
performed.
TITLE IV
INTERNATIONAL SECURITY ASSISTANCE
Department of State
economic support fund
For necessary expenses to carry out the provisions of chapter 4 of
part II of the Foreign Assistance Act of 1961, $2,153,763,000
(increased by $1,500,000) (reduced by $1,500,000), to remain available
until September 30, 2021: Provided, That funds designated for a
Diplomatic Progress Fund in the table under this heading in the report
accompanying this Act shall be subject to prior consultation with, and
the regular notification procedures of, the Committees on
Appropriations: Provided further, That funds made available under this
heading shall be apportioned not later than 30 days after enactment of
this Act.
international narcotics control and law enforcement
For necessary expenses to carry out section 481 of the Foreign
Assistance Act of 1961, $1,410,665,000, to remain available until
September 30, 2021: Provided, That the Department of State may use the
authority of section 608 of the Foreign Assistance Act of 1961, without
regard to its restrictions, to receive excess property from an agency
of the United States Government for the purpose of providing such
property to a foreign country or international organization under
chapter 8 of part I of such Act, subject to the regular notification
procedures of the Committees on Appropriations: Provided further, That
section 482(b) of the Foreign Assistance Act of 1961 shall not apply to
funds appropriated under this heading, except that any funds made
available notwithstanding such section shall be subject to the regular
notification procedures of the Committees on Appropriations: Provided
further, That funds appropriated under this heading shall be made
available to support training and technical assistance for foreign law
enforcement, corrections, judges, and other judicial authorities,
utilizing regional partners: Provided further, That of the funds
provided under this heading, not less than $8,000,000 shall be made
available for DNA forensic technology programs to combat human
trafficking in Central America and Mexico: Provided further, That funds
made available under this heading that are transferred to another
department, agency, or instrumentality of the United States Government
pursuant to section 632(b) of the Foreign Assistance Act of 1961 valued
in excess of $5,000,000, and any agreement made pursuant to section
632(a) of such Act, shall be subject to the regular notification
procedures of the Committees on Appropriations.
nonproliferation, anti-terrorism, demining and related programs
For necessary expenses for nonproliferation, anti-terrorism,
demining and related programs and activities, $886,850,000 (increased
by $10,000,000) (reduced by $10,000,000), to remain available until
September 30, 2021, to carry out the provisions of chapter 8 of part II
of the Foreign Assistance Act of 1961 for anti-terrorism assistance,
chapter 9 of part II of the Foreign Assistance Act of 1961, section 504
of the FREEDOM Support Act, section 23 of the Arms Export Control Act,
or the Foreign Assistance Act of 1961 for demining activities, the
clearance of unexploded ordnance, the destruction of small arms, and
related activities, notwithstanding any other provision of law,
including activities implemented through nongovernmental and
international organizations, and section 301 of the Foreign Assistance
Act of 1961 for a United States contribution to the Comprehensive
Nuclear Test Ban Treaty Preparatory Commission, and for a voluntary
contribution to the International Atomic Energy Agency (IAEA):
Provided, That funds made available under this heading for the
Nonproliferation and Disarmament Fund shall be made available,
notwithstanding any other provision of law and subject to prior
consultation with, and the regular notification procedures of, the
Committees on Appropriations, to promote bilateral and multilateral
activities relating to nonproliferation, disarmament, and weapons
destruction, and shall remain available until expended: Provided
further, That such funds may also be used for such countries other than
the Independent States of the former Soviet Union and international
organizations when it is in the national security interest of the
United States to do so: Provided further, That funds appropriated under
this heading may be made available for the IAEA unless the Secretary of
State determines that Israel is being denied its right to participate
in the activities of that Agency: Provided further, That funds made
available for conventional weapons destruction programs, including
demining and related activities, in addition to funds otherwise
available for such purposes, may be used for administrative expenses
related to the operation and management of such programs and
activities, subject to the regular notification procedures of the
Committees on Appropriations.
peacekeeping operations
For necessary expenses to carry out the provisions of section 551
of the Foreign Assistance Act of 1961, $516,348,000, to remain
available until September 30, 2021, and of which $325,213,000 is
designated by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985: Provided, That funds
appropriated under this heading may be used, notwithstanding section
660 of such Act, to provide assistance to enhance the capacity of
foreign civilian security forces, including gendarmes, to participate
in peacekeeping operations: Provided further, That of the funds
appropriated under this heading, not less than $31,000,000 shall be
made available for a United States contribution to the Multinational
Force and Observers mission in the Sinai and not less than $71,000,000
shall be made available for the Global Peace Operations Initiative:
Provided further, That funds made available under this heading and
designated for Overseas Contingency Operations/Global War on Terrorism,
may be used to pay assessed expenses of international peacekeeping
activities in Somalia under the same terms and conditions, as
applicable, as funds appropriated by this Act under the heading
``Contributions for International Peacekeeping Activities'': Provided
further, That of the funds appropriated under this heading, not less
than $42,120,000 shall be disbursed to the United Nations not later
than 45 days after the enactment of this Act for the remaining amounts
necessary to pay in full for fiscal years 2017 and 2018 the United
States share of the costs of peacekeeping activities in Somalia in
accordance with section 404(b)(2)(B) of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995, (22 U.S.C. 287e note),
as amended by section 7048(h) of this Act: Provided further, That none
of the funds appropriated under this heading shall be obligated except
as provided through the regular notification procedures of the
Committees on Appropriations.
Funds Appropriated to the President
international military education and training
For necessary expenses to carry out the provisions of section 541
of the Foreign Assistance Act of 1961, $110,875,000, of which up to
$11,000,000 may remain available until September 30, 2021: Provided,
That the civilian personnel for whom military education and training
may be provided under this heading may include civilians who are not
members of a government whose participation would contribute to
improved civil-military relations, civilian control of the military, or
respect for human rights: Provided further, That of the funds
appropriated under this heading, not to exceed $50,000 may be available
for entertainment expenses.
foreign military financing program
For necessary expenses for grants to enable the President to carry
out the provisions of section 23 of the Arms Export Control Act,
$6,109,121,000, of which $350,678,000 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 and shall remain available until September 30,
2021: Provided, That to expedite the provision of assistance to foreign
countries and international organizations, the Secretary of State,
following consultation with the Committees on Appropriations and
subject to the regular notification procedures of such Committees, may
use the funds appropriated under this heading to procure defense
articles and services to enhance the capacity of foreign security
forces: Provided further, That of the funds appropriated under this
heading, not less than $3,300,000,000 shall be available for grants
only for Israel which shall be disbursed within 30 days of enactment of
this Act: Provided further, That to the extent that the Government of
Israel requests that funds be used for such purposes, grants made
available for Israel under this heading shall, as agreed by the United
States and Israel, be available for advanced weapons systems, of which
not less than $805,300,000 shall be available for the procurement in
Israel of defense articles and defense services, including research and
development: Provided further, That funds appropriated or otherwise
made available under this heading shall be nonrepayable notwithstanding
any requirement in section 23 of the Arms Export Control Act: Provided
further, That funds made available under this heading shall be
obligated upon apportionment in accordance with paragraph (5)(C) of
section 1501(a) of title 31, United States Code.
None of the funds made available under this heading shall be
available to finance the procurement of defense articles, defense
services, or design and construction services that are not sold by the
United States Government under the Arms Export Control Act unless the
foreign country proposing to make such procurement has first signed an
agreement with the United States Government specifying the conditions
under which such procurement may be financed with such funds: Provided,
That all country and funding level increases in allocations shall be
submitted through the regular notification procedures of section 7015
of this Act: Provided further, That funds made available under this
heading may be used, notwithstanding any other provision of law, for
demining, the clearance of unexploded ordnance, and related activities,
and may include activities implemented through nongovernmental and
international organizations: Provided further, That funds appropriated
under this heading shall be expended at the minimum rate necessary to
make timely payment for defense articles and services: Provided
further, That not more than $70,000,000 of the funds appropriated under
this heading may be obligated for necessary expenses, including the
purchase of passenger motor vehicles for replacement only for use
outside of the United States, for the general costs of administering
military assistance and sales, except that this limitation may be
exceeded only through the regular notification procedures of the
Committees on Appropriations: Provided further, That of the funds made
available under this heading for general costs of administering
military assistance and sales, not to exceed $4,000 may be available
for entertainment expenses and not to exceed $130,000 may be available
for representation expenses: Provided further, That not more than
$1,009,700,000 of funds realized pursuant to section 21(e)(1)(A) of the
Arms Export Control Act may be obligated for expenses incurred by the
Department of Defense during fiscal year 2020 pursuant to section 43(b)
of the Arms Export Control Act, except that this limitation may be
exceeded only through the regular notification procedures of the
Committees on Appropriations: Provided further, That funds made
available under this heading shall be apportioned not later than 30
days after enactment of this Act.
TITLE V
MULTILATERAL ASSISTANCE
Funds Appropriated to the President
international organizations and programs
For necessary expenses to carry out the provisions of section 301
of the Foreign Assistance Act of 1961, $646,500,000: Provided, That
section 307(a) of the Foreign Assistance Act of 1961 shall not apply to
contributions to the United Nations Democracy Fund.
International Financial Institutions
global environment facility
For payment to the International Bank for Reconstruction and
Development as trustee for the Global Environment Facility by the
Secretary of the Treasury, $139,575,000, to remain available until, and
to be fully disbursed no later than, September 30, 2021: Provided, That
of such amount, $136,563,000, which shall remain available until
September 30, 2020, is only available for the second installment of the
seventh replenishment of the Global Environment Facility, and shall be
obligated and disbursed not later than 90 days after enactment of this
Act: Provided further, That the Secretary shall report to the
Committees on Appropriations on the status of funds provided under this
heading not less than quarterly until fully disbursed: Provided
further, That in such report the Secretary shall provide a timeline for
the obligation and disbursement of any funds that have not yet been
obligated or disbursed.
contribution to the international bank for reconstruction and
development
For payment to the International Bank for Reconstruction and
Development by the Secretary of the Treasury for the United States
share of the paid-in portion of the increases in capital stock,
$206,500,000, to remain available until expended.
limitation on callable capital subscriptions
The United States Governor of the International Bank for
Reconstruction and Development may subscribe without fiscal year
limitation to the callable capital portion of the United States share
of increases in capital stock in an amount not to exceed
$1,421,275,728.70.
contribution to the international development association
For payment to the International Development Association by the
Secretary of the Treasury, $1,097,010,000, to remain available until
expended.
contribution to the asian development fund
For payment to the Asian Development Bank's Asian Development Fund
by the Secretary of the Treasury, $47,395,000, to remain available
until expended.
contribution to the african development fund
For payment to the African Development Fund by the Secretary of the
Treasury, $171,300,000, to remain available until expended.
contribution to the international fund for agricultural development
For payment to the International Fund for Agricultural Development
by the Secretary of the Treasury, $30,000,000, to remain available
until, and to be fully disbursed no later than, September 30, 2021, for
the second installment of the eleventh replenishment of the
International Fund for Agricultural Development: Provided, That the
Secretary of the Treasury shall report to the Committees on
Appropriations on the status of such payment not less than quarterly
until fully disbursed: Provided further, That in such report the
Secretary shall provide a timeline for the obligation and disbursement
of any funds that have not yet been obligated or disbursed.
TITLE VI
EXPORT AND INVESTMENT ASSISTANCE
Export-Import Bank of the United States
inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, $5,700,000, of which up to $855,000 may remain available until
September 30, 2021.
program account
The Export-Import Bank of the United States is authorized to make
such expenditures within the limits of funds and borrowing authority
available to such corporation, and in accordance with law, and to make
such contracts and commitments without regard to fiscal year
limitations, as provided by section 9104 of title 31, United States
Code, as may be necessary in carrying out the program for the current
fiscal year for such corporation: Provided, That none of the funds
available during the current fiscal year may be used to make
expenditures, contracts, or commitments for the export of nuclear
equipment, fuel, or technology to any country, other than a nuclear-
weapon state as defined in Article IX of the Treaty on the Non-
Proliferation of Nuclear Weapons eligible to receive economic or
military assistance under this Act, that has detonated a nuclear
explosive after the date of enactment of this Act.
administrative expenses
For administrative expenses to carry out the direct and guaranteed
loan and insurance programs, including hire of passenger motor vehicles
and services as authorized by section 3109 of title 5, United States
Code, and not to exceed $30,000 for official reception and
representation expenses for members of the Board of Directors, not to
exceed $110,000,000, of which up to $16,500,000 may remain available
until September 30, 2021: Provided, That the Export-Import Bank (the
Bank) may accept, and use, payment or services provided by transaction
participants for legal, financial, or technical services in connection
with any transaction for which an application for a loan, guarantee or
insurance commitment has been made: Provided further, That the Bank
shall charge fees for necessary expenses (including special services
performed on a contract or fee basis, but not including other personal
services) in connection with the collection of moneys owed the Bank,
repossession or sale of pledged collateral or other assets acquired by
the Bank in satisfaction of moneys owed the Bank, or the investigation
or appraisal of any property, or the evaluation of the legal,
financial, or technical aspects of any transaction for which an
application for a loan, guarantee or insurance commitment has been
made, or systems infrastructure directly supporting transactions:
Provided further, That in addition to other funds appropriated for
administrative expenses, such fees shall be credited to this account
for such purposes, to remain available until expended.
receipts collected
Receipts collected pursuant to the Export-Import Bank Act of 1945
(Public Law 79-173) and the Federal Credit Reform Act of 1990, in an
amount not to exceed the amount appropriated herein, shall be credited
as offsetting collections to this account: Provided, That the sums
herein appropriated from the General Fund shall be reduced on a dollar-
for-dollar basis by such offsetting collections so as to result in a
final fiscal year appropriation from the General Fund estimated at $0.
United States International Development Finance Corporation
inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, $2,000,000, to remain available until September 30, 2021.
corporate capital account
The United States International Development Finance Corporation
(the Corporation) is authorized to make such expenditures and
commitments within the limits of funds and borrowing authority
available to the Corporation, and in accordance with the law, and to
make such expenditures and commitments without regard to fiscal year
limitations, as provided by section 9104 of title 31, United States
Code, as may be necessary in carrying out the programs for the current
fiscal year for the Corporation: Provided, That for necessary expenses
of the activities described in subsections (b), (c), (e), (f), and (g)
of section 1421 of the BUILD Act of 2018 (division F of Public Law 115-
254), $189,000,000: Provided further, That of the amount provided--(1)
$101,000,000 shall remain available until September 30, 2021 for
administrative expenses to carry out authorized activities (including
an amount for official reception and representation expenses which
shall not exceed $25,000); (2) $8,000,000 shall remain available until
September 30, 2021 for project-specific transaction costs as described
in section 1434(k) of such Act; (3) $50,000,000 shall remain available
until September 30, 2021 for the activities described in section
1421(c) of such Act; and (4) $30,000,000 shall be paid to the ``United
States International Development Finance Corporation--Program Account''
for programs as authorized by section 1421(b), (e), and (f) of the
BUILD Act of 2018: Provided further, That in this fiscal year, the
Corporation shall collect the amounts described in section 1434(h) of
the BUILD Act of 2018: Provided further, That in fiscal year 2020 such
collections shall be credited as offsetting collections to this
appropriation: Provided further, such collections collected in fiscal
year 2020 in excess of $189,000,000 shall be credited to this account
and shall be available in future fiscal years only to the extent
provided in advance in appropriations Acts: Provided further, That in
fiscal year 2020, if such collections are less than $189,000,000,
receipts collected pursuant to the BUILD Act of 2018 and the Federal
Credit Reform Act of 1990, in an amount equal to such shortfall, shall
be credited as offsetting collections to this appropriation: Provided
further, That funds appropriated or otherwise made available under this
heading may not be used to provide any type of assistance that is
otherwise prohibited by any other provision of law or to provide
assistance to any foreign country that is otherwise prohibited by any
other provision of law: Provided further, That the sums herein
appropriated from the General Fund shall be reduced on a dollar-for-
dollar basis by the offsetting collections described under this heading
so as to result in a final fiscal year appropriation from the General
Fund estimated at $0.
program account
Amounts paid from ``United States International Development Finance
Corporation--Corporate Capital Account'' (CCA) shall remain available
until September 30, 2021: Provided, That not to exceed $80,000,000 of
amounts paid to this account from CCA or transferred pursuant to
section 1434(j) of the BUILD Act of 2018 (division F of Public Law 115-
254) shall be available for the cost of direct and guaranteed loans
provided by the Corporation pursuant to section 1421(b) of such Act:
Provided further, That such costs, including the cost of modifying such
loans, shall be as defined in section 502 of the Congressional Budget
Act of 1974: Provided further, That such amounts obligated in a fiscal
year shall remain available for disbursement for the following 8 fiscal
years: Provided further, That funds transferred to carry out the
Foreign Assistance Act of 1961 pursuant to section 1434(j) of the BUILD
Act of 2018 may remain available for obligation for 1 additional fiscal
year: Provided further, That the total loan principal or guaranteed
principal amount shall not exceed $8,000,000,000.
trade and development agency
For necessary expenses to carry out the provisions of section 661
of the Foreign Assistance Act of 1961, $75,000,000, to remain available
until September 30, 2021, of which no more than $19,000,000 may be used
for administrative expenses: Provided, That of the funds appropriated
under this heading, not more than $5,000 may be available for
representation and entertainment expenses.
TITLE VII
GENERAL PROVISIONS
allowances and differentials
Sec. 7001. Funds appropriated under title I of this Act shall be
available, except as otherwise provided, for allowances and
differentials as authorized by subchapter 59 of title 5, United States
Code; for services as authorized by section 3109 of such title and for
hire of passenger transportation pursuant to section 1343(b) of title
31, United States Code.
unobligated balances report
Sec. 7002. Any department or agency of the United States
Government to which funds are appropriated or otherwise made available
by this Act shall provide to the Committees on Appropriations a
quarterly accounting of cumulative unobligated balances and obligated,
but unexpended, balances by program, project, and activity, and
Treasury Account Fund Symbol of all funds received by such department
or agency in fiscal year 2020 or any previous fiscal year,
disaggregated by fiscal year: Provided, That the report required by
this section shall be submitted not later than 30 days after the end of
each fiscal quarter and should specify by account the amount of funds
obligated pursuant to bilateral agreements which have not been further
sub-obligated.
consulting services
Sec. 7003. The expenditure of any appropriation under title I of
this Act for any consulting service through procurement contract,
pursuant to section 3109 of title 5, United States Code, shall be
limited to those contracts where such expenditures are a matter of
public record and available for public inspection, except where
otherwise provided under existing law, or under existing Executive
order issued pursuant to existing law.
diplomatic facilities
Sec. 7004. (a) Exception.--Notwithstanding paragraph (2) of section
604(e) of the Secure Embassy Construction and Counterterrorism Act of
1999 (title VI of division A of H.R. 3427, as enacted into law by
section 1000(a)(7) of Public Law 106-113 and contained in appendix G of
that Act), as amended by section 111 of the Department of State
Authorities Act, Fiscal Year 2017 (Public Law 114-323), a project to
construct a facility of the United States may include office space or
other accommodations for members of the United States Marine Corps.
(b) New Diplomatic Facilities.--For the purposes of calculating the
fiscal year 2020 costs of providing new United States diplomatic
facilities in accordance with section 604(e) of the Secure Embassy
Construction and Counterterrorism Act of 1999 (22 U.S.C. 4865 note),
the Secretary of State, in consultation with the Director of the Office
of Management and Budget, shall determine the annual program level and
agency shares in a manner that is proportional to the contribution of
the Department of State for this purpose.
(c) Consultation and Notification.--Funds appropriated by this Act
and prior Acts making appropriations for the Department of State,
foreign operations, and related programs, which may be made available
for the acquisition of property or award of construction contracts for
overseas United States diplomatic facilities during fiscal year 2020,
shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations: Provided,
That notifications pursuant to this subsection shall include the
information enumerated under the heading ``Embassy Security,
Construction, and Maintenance'' in the report accompanying this Act.
(d) Interim and Temporary Facilities Abroad.--Notwithstanding any
other provision of law, the opening, closure, or any significant
modification to an interim or temporary United States diplomatic
facility shall be subject to prior consultation with the appropriate
congressional committees and the regular notification procedures of the
Committees on Appropriations, except that such consultation and
notification may be waived if there is a security risk to personnel.
personnel actions
Sec. 7005. Any costs incurred by a department or agency funded
under title I of this Act resulting from personnel actions taken in
response to funding reductions included in this Act shall be absorbed
within the total budgetary resources available under title I to such
department or agency: Provided, That the authority to transfer funds
between appropriations accounts as may be necessary to carry out this
section is provided in addition to authorities included elsewhere in
this Act: Provided further, That use of funds to carry out this section
shall be treated as a reprogramming of funds under section 7015 of this
Act.
department and agency management
Sec. 7006. (a) Department of State.--
(1) Working Capital Fund.--Funds appropriated by this Act or
otherwise made available to the Department of State for payments to the
Working Capital Fund may only be used for the service centers included
in the Congressional Budget Justification, Department of State, Foreign
Operations, and Related Programs, Fiscal Year 2020: Provided, That the
amounts for such service centers shall be the amounts included in such
budget justification, except as provided in section 7015(b) of this
Act: Provided further, That Federal agency components shall be charged
only for their direct usage of each Working Capital Fund service:
Provided further, That prior to increasing the percentage charged to
Department of State bureaus and offices for procurement-related
activities, the Secretary of State shall include the proposed increase
in the Department of State budget justification or, at least 60 days
prior to the increase, provide the Committees on Appropriations a
justification for such increase, including a detailed assessment of the
cost and benefit of the services provided by the procurement fee:
Provided further, That Federal agency components may only pay for
Working Capital Fund services that are consistent with the purpose and
authorities of such components: Provided further, That the Working
Capital Fund shall be paid in advance or reimbursed at rates which will
return the full cost of each service.
(2) State Department Personnel Levels.--
(A) Funds made available by this Act are made available to
support the permanent Foreign Service and Civil Service staff
levels of the Department of State at not less than the on-board
levels in fiscal year 2016.
(B) The use of funds appropriated by this Act to implement
any plan to expand or reduce the size of the permanent Civil
Service or Foreign Service workforce at the Department of State
from on-board levels in fiscal year 2016 shall be subject to
prior consultation with, and the regular notification
procedures of, the Committees on Appropriations: Provided, That
such notification shall include the requirements enumerated in
section 7062(b) of this Act.
(C) Not later than 60 days after enactment of this Act, and
every 60 days thereafter until September 30, 2021, the
Secretary of State shall report to the appropriate
congressional committees on the on-board personnel levels,
hiring, and attrition of the Civil Service, Foreign Service,
eligible family member, and locally employed staff workforce of
the Department of State, on an operating unit-by-operating unit
basis: Provided, That such report shall also include a hiring
plan, including timelines, for maintaining the agency-wide, on-
board Foreign Service and Civil Service at not less than the
on-board levels in fiscal year 2016.
(3) Bureau of Population, Refugees, and Migration, Department of
State.--None of the funds appropriated by this Act, prior Acts making
appropriations for the Department of State, foreign operations, and
related programs, or any other Act, may be used to downsize, downgrade,
consolidate, close, move, or relocate the Bureau of Population,
Refugees, and Migration, Department of State, or any activities of such
Bureau, to another Federal agency.
(4) Administration of Funds.--Funds appropriated by this Act--
(A) under the heading ``Migration and Refugee Assistance''
shall be administered by the Assistant Secretary for
Population, Refugees, and Migration, Department of State, and
this responsibility shall not be delegated; and
(B) that are made available for the Office of Global
Women's Issues shall be administered by the United States
Ambassador-at-Large for Global Women's Issues, Department of
State, and this responsibility shall not be delegated.
(5) Information Technology Platform.--
(A) None of the funds appropriated in title I of this Act
under the heading ``Administration of Foreign Affairs'' may be
made available for a new major information technology (IT)
investment without the concurrence of the Chief Information
Officer, Department of State.
(B) None of the funds made available by this Act and prior
Acts making appropriations for the Department of State, foreign
operations, and related programs may be used by an agency to
submit a project proposal to the Technology Modernization Board
for funding from the Technology Modernization Fund unless, not
later than 15 days in advance of submitting the project
proposal to the Board, the head of the agency--
(i) notifies the Committees on Appropriations of
the proposed submission of the project proposal; and
(ii) submits to the Committees on Appropriations a
copy of the project proposal.
(C) None of the funds made available by this Act and prior
Acts making appropriations for the Department of State, foreign
operations, and related programs may be used by an agency to
carry out a project that is approved by the Board unless the
head of the agency--
(i) submits to the Committees on Appropriations a
copy of the approved project proposal, including the
terms of reimbursement of funding received for the
project; and
(ii) agrees to submit to the Committees on
Appropriations a copy of each report relating to the
project that the head of the agency submits to the
Board.
(b) United States Agency for International Development.--
(1) Authority.--Up to $93,000,000 of the funds made available in
titles III and IV of this Act pursuant to or to carry out the
provisions of part I of the Foreign Assistance Act of 1961, including
funds appropriated under the heading ``Assistance for Europe, Eurasia
and Central Asia'', may be used by the United States Agency for
International Development to hire and employ individuals in the United
States and overseas on a limited appointment basis pursuant to the
authority of sections 308 and 309 of the Foreign Service Act of 1980
(22 U.S.C. 3948 and 3949).
(2) Restriction.--The authority to hire individuals contained in
paragraph (1) shall expire on September 30, 2021.
(3) Program Account Charged.--The account charged for the cost of
an individual hired and employed under the authority of this subsection
shall be the account to which the responsibilities of such individual
primarily relate: Provided, That funds made available to carry out this
subsection may be transferred to, and merged with, funds appropriated
by this Act in title II under the heading ``Operating Expenses''.
(4) Foreign Service Limited Extensions.--Individuals hired and
employed by USAID, with funds made available in this Act or prior Acts
making appropriations for the Department of State, foreign operations,
and related programs, pursuant to the authority of section 309 of the
Foreign Service Act of 1980 (22 U.S.C. 3949), may be extended for a
period of up to 4 years notwithstanding the limitation set forth in
such section.
(5) Disaster Surge Capacity.--Funds appropriated under titles III
and IV of this Act to carry out the provisions of part I of the Foreign
Assistance Act of 1961, including funds appropriated under the heading
``Assistance for Europe, Eurasia and Central Asia'', may be used, in
addition to funds otherwise available for such purposes, for the cost
(including the support costs) of individuals detailed to or employed by
USAID whose primary responsibility is to carry out programs in response
to natural disasters, or man-made disasters subject to the regular
notification procedures of the Committees on Appropriations.
(6) Personal Services Contractors.--Funds appropriated by this Act
to carry out chapter 1 of part I, chapter 4 of part II, and section 667
of the Foreign Assistance Act of 1961, and title II of the Food for
Peace Act (Public Law 83-480; 7 U.S.C. 1721 et seq.), may be used by
USAID to employ up to 40 personal services contractors in the United
States, notwithstanding any other provision of law, for the purpose of
providing direct, interim support for new or expanded overseas programs
and activities managed by the agency until permanent direct hire
personnel are hired and trained: Provided, That not more than 15 of
such contractors shall be assigned to any bureau or office: Provided
further, That such funds appropriated to carry out title II of the Food
for Peace Act (Public Law 83-480; 7 U.S.C. 1721 et seq.), may be made
available only for personal services contractors assigned to the Office
of Food for Peace.
(7) Small Business.--In entering into multiple award indefinite-
quantity contracts with funds appropriated by this Act, USAID may
provide an exception to the fair opportunity process for placing task
orders under such contracts when the order is placed with any category
of small or small disadvantaged business.
(8) Senior Foreign Service Limited Appointments.--Individuals hired
pursuant to the authority provided by section 7059(o) of the Department
of State, Foreign Operations, and Related Programs Appropriations Act,
2010 (division F of Public Law 111-117) may be assigned to or support
programs in Afghanistan or Pakistan with funds made available in this
Act and prior Acts making appropriations for the Department of State,
foreign operations, and related programs.
(9) USAID Personnel Levels.--
(A) Funds made available by this Act are made available to
support the permanent Foreign Service and Civil Service staff
levels of USAID at not less than the levels funded in fiscal
year 2016.
(B) Not later than 60 days after enactment of this Act, and
every 60 days thereafter until September 30, 2021, the USAID
Administrator shall report to the appropriate congressional
committees on the on-board personnel levels, hiring, and
attrition of the Civil Service, Foreign Service, and foreign
service national workforce of USAID, on an operating unit-by-
operating unit basis: Provided, That such report shall also
include a hiring plan, including timelines, for maintaining the
permanent Foreign Service and Civil Service at not less than
the levels funded in fiscal year 2016.
(10) USAID Reorganization.--
(A) Not later than 30 days after enactment of this Act, and
quarterly thereafter until September 30, 2021, the USAID
Administrator shall submit a report to the appropriate
congressional committees on the status of USAID's
reorganization as described in the report accompanying this
Act.
(B) The use of funds appropriated by this Act to implement
any plan to expand or reduce the size of the permanent Civil
Service or Foreign Service workforce at USAID from funded
levels in fiscal year 2016 shall be subject to prior
consultation with, and the regular notification procedures of,
the Committees on Appropriations: Provided, That such
notification shall include the requirements enumerated in
section 7062(b) of this Act.
(c) Foreign Assistance Review.--Programmatic, funding, and
organizational changes resulting from implementation of the Foreign
Assistance Review shall be subject to prior consultation with, and the
regular notification procedures of, the Committees on Appropriations:
Provided, That such notifications may be submitted in classified form,
if necessary.
prohibition against direct funding for certain countries
Sec. 7007. None of the funds appropriated or otherwise made
available pursuant to titles III through VI of this Act shall be
obligated or expended to finance directly any assistance or reparations
for the governments of Cuba, North Korea, Iran, or Syria: Provided,
That for purposes of this section, the prohibition on obligations or
expenditures shall include direct loans, credits, insurance, and
guarantees of the Export-Import Bank or its agents.
coups d'etat
Sec. 7008. None of the funds appropriated or otherwise made
available pursuant to titles III through VI of this Act shall be
obligated or expended to finance directly any assistance to the
government of any country whose duly elected head of government is
deposed by military coup d'etat or decree or, after the date of
enactment of this Act, a coup d'etat or decree in which the military
plays a decisive role: Provided, That assistance may be resumed to such
government if the Secretary of State certifies and reports to the
appropriate congressional committees that subsequent to the termination
of assistance a democratically elected government has taken office:
Provided further, That the provisions of this section shall not apply
to assistance to promote democratic elections or public participation
in democratic processes: Provided further, That funds made available
pursuant to the previous provisos shall be subject to the regular
notification procedures of the Committees on Appropriations.
transfer of funds authority
Sec. 7009. (a) Department of State and United States Agency for
Global Media.--
(1) Department of State.--
(A) In general.--Not to exceed 2 percent of any
appropriation made available for the current fiscal year for
the Department of State under title I of this Act may be
transferred between, and merged with, such appropriations, but
no such appropriation, except as otherwise specifically
provided, shall be increased by more than 10 percent by any
such transfers, and no such transfer may be made to increase
the appropriation under the heading ``Representation
Expenses''.
(B) Embassy security.--Section 113 of the Department of
State Authorities Act, Fiscal Year 2017 (22 U.S.C. 295(j))
shall be applied to funds made available by this Act by
substituting ``fiscal year 2020'' for ``fiscal year 2018'' each
place it appears.
(2) United States Agency for Global Media.--Not to exceed 5 percent
of any appropriation made available for the current fiscal year for the
United States Agency for Global Media under title I of this Act may be
transferred between, and merged with, such appropriations, but no such
appropriation, except as otherwise specifically provided, shall be
increased by more than 10 percent by any such transfers.
(3) Treatment as Reprogramming.--Any transfer pursuant to this
subsection shall be treated as a reprogramming of funds under section
7015 of this Act and shall not be available for obligation or
expenditure except in compliance with the procedures set forth in that
section.
(b) Limitation on Transfers of Funds Between Agencies.--
(1) In general.--None of the funds made available under
titles II through V of this Act may be transferred to any
department, agency, or instrumentality of the United States
Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriations
Act.
(2) Allocation and transfers.--Notwithstanding paragraph
(1), in addition to transfers made by, or authorized elsewhere
in, this Act, funds appropriated by this Act to carry out the
purposes of the Foreign Assistance Act of 1961 may be allocated
or transferred to agencies of the United States Government
pursuant to the provisions of sections 109, 610, and 632 of the
Foreign Assistance Act of 1961, and section 1434(j) of the
BUILD Act of 2018 (division F of Public Law 115-254).
(3) Notification.--Any agreement entered into by the United
States Agency for International Development or the Department
of State with any department, agency, or instrumentality of the
United States Government pursuant to section 632(b) of the
Foreign Assistance Act of 1961 valued in excess of $1,000,000
and any agreement made pursuant to section 632(a) of such Act,
with funds appropriated by this Act or prior Acts making
appropriations for the Department of State, foreign operations,
and related programs under the headings ``Global Health
Programs'', ``Development Assistance'', ``Economic Support
Fund'', and ``Assistance for Europe, Eurasia and Central Asia''
shall be subject to the regular notification procedures of the
Committees on Appropriations: Provided, That the requirement in
the previous sentence shall not apply to agreements entered
into between USAID and the Department of State.
(c) United States International Development Finance Corporation.--
(1) Limitation.--Amounts transferred pursuant to section
1434(j) of the BUILD Act of 2018 from funds made available
under titles III and IV of this Act shall not exceed
$50,000,000: Provided, That any such transfers shall be subject
to prior consultation with, and the regular notification
procedures of, the Committees on Appropriations.
(2) Development credit authority account.--Funds
transferred from Development Credit Authority program account
of the United States Agency for International Development to
the Corporate Capital Account of the United States
International Development Finance Corporation pursuant to
section 1434(i) of the BUILD Act of 2018 shall be transferred
and merged with such account, and may thereafter be deemed to
meet any minimum funding requirements attributed for at the
time of deposit into the Development Credit Authority program
account.
(d) Transfer of Funds Between Accounts.--None of the funds made
available under titles II through V of this Act may be obligated under
an appropriations account to which such funds were not appropriated,
except for transfers specifically provided for in this Act, unless the
President, not less than 5 days prior to the exercise of any authority
contained in the Foreign Assistance Act of 1961 to transfer funds,
consults with and provides a written policy justification to the
Committees on Appropriations.
(e) Audit of Inter-Agency Transfers of Funds.--Any agreement for
the transfer or allocation of funds appropriated by this Act or prior
Acts making appropriations for the Department of State, foreign
operations and related programs, entered into between the Department of
State or USAID and another agency of the United States Government under
the authority of section 632(a) of the Foreign Assistance Act of 1961
or any comparable provision of law, shall expressly provide that the
Inspector General (IG) for the agency receiving the transfer or
allocation of such funds, or other entity with audit responsibility if
the receiving agency does not have an IG, shall perform periodic
program and financial audits of the use of such funds and report to the
Department of State or USAID, as appropriate, upon completion of such
audits: Provided, That such audits shall be transmitted to the
Committees on Appropriations by the Department of State or USAID, as
appropriate: Provided further, That funds transferred under such
authority may be made available for the cost of such audits.
prohibition on certain operational expenses
Sec. 7010. (a) First-Class Travel.--None of the funds made
available by this Act may be used for first-class travel by employees
of United States Government departments and agencies funded by this Act
in contravention of section 301-10.122 through 301-10.124 of title 41,
Code of Federal Regulations.
(b) Computer Networks.--None of the funds made available by this
Act for the operating expenses of any United States Government
department or agency may be used to establish or maintain a computer
network for use by such department or agency unless such network has
filters designed to block access to sexually explicit websites:
Provided, That nothing in this subsection shall limit the use of funds
necessary for any Federal, State, tribal, or local law enforcement
agency, or any other entity carrying out the following activities:
criminal investigations, prosecutions, and adjudications;
administrative discipline; and the monitoring of such websites
undertaken as part of official business.
(c) Prohibition on Promotion of Tobacco.--None of the funds made
available by this Act shall be available to promote the sale or export
of tobacco or tobacco products, or to seek the reduction or removal by
any foreign country of restrictions on the marketing of tobacco or
tobacco products, except for restrictions which are not applied equally
to all tobacco or tobacco products of the same type.
availability of funds
Sec. 7011. (a) No part of any appropriation contained in this Act
shall remain available for obligation after the expiration of the
current fiscal year unless expressly so provided by this Act: Provided,
That funds appropriated for the purposes of chapters 1 and 8 of part I,
section 661, chapters 4, 5, 6, 8, and 9 of part II of the Foreign
Assistance Act of 1961, section 23 of the Arms Export Control Act, and
funds made available for the ``United States International Development
Finance Corporation'' and under the heading ``Assistance for Europe,
Eurasia and Central Asia'' shall remain available for an additional 2
years from the date on which the availability of such funds would
otherwise have expired, if such funds are initially obligated before
the expiration of their respective periods of availability contained in
this Act: Provided further, That notwithstanding any other provision of
this Act, any funds made available for the purposes of chapter 1 of
part I and chapter 4 of part II of the Foreign Assistance Act of 1961
which are allocated or obligated for cash disbursements in order to
address balance of payments or economic policy reform objectives, shall
remain available for an additional 2 years from the date on which the
availability of such funds would otherwise have expired, if such funds
are initially allocated or obligated before the expiration of their
respective periods of availability contained in this Act.
(b) Notwithstanding any other provision of this Act, any funds
appropriated or otherwise made available by this Act that are proposed
for rescission pursuant to section 1012 of the Congressional Budget and
Impoundment Control Act of 1974 (2 U.S.C. 683) within 60 days of the
expiration of the period of availability of such funds and Congress has
not completed action on a rescission bill pursuant to subsection (b) of
such section shall remain available for an additional 90 days from the
date on which the availability of such funds would otherwise have
expired.
limitation on assistance to countries in default
Sec. 7012. No part of any appropriation provided under titles III
through VI in this Act shall be used to furnish assistance to the
government of any country which is in default during a period in excess
of 1 calendar year in payment to the United States of principal or
interest on any loan made to the government of such country by the
United States pursuant to a program for which funds are appropriated
under this Act unless the President determines, following consultation
with the Committees on Appropriations, that assistance for such country
is in the national interest of the United States.
prohibition on taxation of united states assistance
Sec. 7013. (a) Prohibition on Taxation.--None of the funds
appropriated under titles III through VI of this Act may be made
available to provide assistance for a foreign country under a new
bilateral agreement governing the terms and conditions under which such
assistance is to be provided unless such agreement includes a provision
stating that assistance provided by the United States shall be exempt
from taxation, or reimbursed, by the foreign government, and the
Secretary of State and the Administrator of the United States Agency
for International Development shall expeditiously seek to negotiate
amendments to existing bilateral agreements, as necessary, to conform
with this requirement.
(b) Notification and Reimbursement of Foreign Taxes.--An amount
equivalent to 200 percent of the total taxes assessed during fiscal
year 2020 on funds appropriated by this Act and prior Acts making
appropriations for the Department of State, foreign operations, and
related programs by a foreign government or entity against United
States assistance programs, either directly or through grantees,
contractors, and subcontractors, shall be withheld from obligation from
funds appropriated for assistance for fiscal year 2021 and for prior
fiscal years and allocated for the central government of such country
or for the West Bank and Gaza program, as applicable, if, not later
than September 30, 2021, such taxes have not been reimbursed: Provided,
That the Secretary of State shall report to the Committees on
Appropriations by such date on the foreign governments and entities
that have not reimbursed such taxes, including any amount of funds
withheld pursuant to this subsection.
(c) De Minimis Exception.--Foreign taxes of a de minimis nature
shall not be subject to the provisions of subsection (b).
(d) Reprogramming of Funds.--Funds withheld from obligation for
each foreign government or entity pursuant to subsection (b) shall be
reprogrammed for assistance for countries which do not assess taxes on
United States assistance or which have an effective arrangement that is
providing substantial reimbursement of such taxes, and that can
reasonably accommodate such assistance in a programmatically
responsible manner.
(e) Determinations.--
(1) In general.--The provisions of this section shall not
apply to any foreign government or entity that assesses such
taxes if the Secretary of State reports to the Committees on
Appropriations that--
(A) such foreign government or entity has an
effective arrangement that is providing substantial
reimbursement of such taxes; or
(B) the foreign policy interests of the United
States outweigh the purpose of this section to ensure
that United States assistance is not subject to
taxation.
(2) Consultation.--The Secretary of State shall consult
with the Committees on Appropriations at least 15 days prior to
exercising the authority of this subsection with regard to any
foreign government or entity.
(f) Implementation.--The Secretary of State shall issue and update
rules, regulations, or policy guidance, as appropriate, to implement
the prohibition against the taxation of assistance contained in this
section.
(g) Definitions.--As used in this section:
(1) Bilateral agreement.--The term ``bilateral agreement''
refers to a framework bilateral agreement between the
Government of the United States and the government of the
country receiving assistance that describes the privileges and
immunities applicable to United States foreign assistance for
such country generally, or an individual agreement between the
Government of the United States and such government that
describes, among other things, the treatment for tax purposes
that will be accorded the United States assistance provided
under that agreement.
(2) Taxes and taxation.--The term ``taxes and taxation''
shall include value added taxes and customs duties but shall
not include individual income taxes assessed to local staff.
(h) Report.--Not later than 90 days after enactment of this Act,
the Secretary of State, in consultation with the heads of other
relevant agencies of the United States Government, shall submit a
report to the Committees on Appropriations on the requirements
contained under this section in the report accompanying this Act.
reservations of funds
Sec. 7014. (a) Reprogramming.--Funds appropriated under titles III
through VI of this Act which are specifically designated may be
reprogrammed for other programs within the same account notwithstanding
the designation if compliance with the designation is made impossible
by operation of any provision of this or any other Act: Provided, That
any such reprogramming shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided further, That
assistance that is reprogrammed pursuant to this subsection shall be
made available under the same terms and conditions as originally
provided.
(b) Extension of Availability.--In addition to the authority
contained in subsection (a), the original period of availability of
funds appropriated by this Act and administered by the Department of
State or the United States Agency for International Development that
are specifically designated for particular programs or activities by
this or any other Act may be extended for an additional fiscal year if
the Secretary of State or the USAID Administrator, as appropriate,
determines and reports promptly to the Committees on Appropriations
that the termination of assistance to a country or a significant change
in circumstances makes it unlikely that such designated funds can be
obligated during the original period of availability: Provided, That
such designated funds that continue to be available for an additional
fiscal year shall be obligated only for the purpose of such
designation.
(c) Other Acts.--Ceilings and specifically designated funding
levels contained in this Act shall not be applicable to funds or
authorities appropriated or otherwise made available by any subsequent
Act unless such Act specifically so directs: Provided, That
specifically designated funding levels or minimum funding requirements
contained in any other Act shall not be applicable to funds
appropriated by this Act.
notification requirements
Sec. 7015. (a) Notification of Changes in Programs, Projects, and
Activities.--None of the funds made available in titles I and II of
this Act or prior Acts making appropriations for the Department of
State, foreign operations, and related programs to the departments and
agencies funded by this Act that remain available for obligation in
fiscal year 2020, or provided from any accounts in the Treasury of the
United States derived by the collection of fees or of currency reflows
or other offsetting collections, or made available by transfer, to the
departments and agencies funded by this Act, shall be available for
obligation to--
(1) create new programs;
(2) suspend or eliminate a program, project, or activity;
(3) close, suspend, open, or reopen a mission or post;
(4) create, close, reorganize, downsize, or rename bureaus,
centers, or offices; or
(5) contract out or privatize any functions or activities
presently performed by Federal employees;
unless previously justified to the Committees on Appropriations or such
Committees are notified 15 days in advance of such obligation.
(b) Notification of Reprogramming of Funds.--None of the funds
provided under titles I and II of this Act or prior Acts making
appropriations for the Department of State, foreign operations, and
related programs, to the departments and agencies funded under titles I
and II of this Act that remain available for obligation in fiscal year
2020, or provided from any accounts in the Treasury of the United
States derived by the collection of fees available to the department
and agency funded under title I of this Act, shall be available for
obligation or expenditure for activities, programs, or projects through
a reprogramming of funds in excess of $1,000,000 or 10 percent,
whichever is less, that--
(1) augments or changes existing programs, projects, or
activities;
(2) relocates an existing office or employees;
(3) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent as
approved by Congress; or
(4) results from any general savings, including savings
from a reduction in personnel, which would result in a change
in existing programs, activities, or projects as approved by
Congress;
unless the Committees on Appropriations are notified 15 days in advance
of such reprogramming of funds.
(c) Notification Requirement.--None of the funds made available by
this Act under the headings ``Global Health Programs'', ``Development
Assistance'', ``International Organizations and Programs'', ``Trade and
Development Agency'', ``International Narcotics Control and Law
Enforcement'', ``Economic Support Fund'', ``Democracy Fund'',
``Assistance for Europe, Eurasia and Central Asia'', ``Peacekeeping
Operations'', ``Nonproliferation, Anti-terrorism, Demining and Related
Programs'', ``Millennium Challenge Corporation'', ``Foreign Military
Financing Program'', ``International Military Education and Training'',
``United States International Development Finance Corporation'', and
``Peace Corps'', shall be available for obligation for activities,
programs, projects, type of materiel assistance, countries, or other
operations not justified or in excess of the amount justified to the
Committees on Appropriations for obligation under any of these specific
headings unless the Committees on Appropriations are notified 15 days
in advance of such obligation: Provided, That the President shall not
enter into any commitment of funds appropriated for the purposes of
section 23 of the Arms Export Control Act for the provision of major
defense equipment, other than conventional ammunition, or other major
defense items defined to be aircraft, ships, missiles, or combat
vehicles, not previously justified to Congress or 20 percent in excess
of the quantities justified to Congress unless the Committees on
Appropriations are notified 15 days in advance of such commitment:
Provided further, That requirements of this subsection or any similar
provision of this or any other Act shall not apply to any reprogramming
for an activity, program, or project for which funds are appropriated
under titles III through VI of this Act of less than 10 percent of the
amount previously justified to Congress for obligation for such
activity, program, or project for the current fiscal year: Provided
further, That any notification submitted pursuant to subsection (f) of
this section shall include information (if known on the date of
transmittal of such notification) on the use of notwithstanding
authority.
(d) Department of Defense Programs and Funding Notifications.--
(1) Programs.--None of the funds appropriated by this Act
or prior Acts making appropriations for the Department of
State, foreign operations, and related programs may be made
available to support or continue any program initially funded
under any authority of title 10, United States Code, or any Act
making or authorizing appropriations for the Department of
Defense, unless the Secretary of State, in consultation with
the Secretary of Defense and in accordance with the regular
notification procedures of the Committees on Appropriations,
submits a justification to such Committees that includes a
description of, and the estimated costs associated with, the
support or continuation of such program.
(2) Funding.--Notwithstanding any other provision of law,
funds transferred by the Department of Defense to the
Department of State and the United States Agency for
International Development for assistance for foreign countries
and international organizations shall be subject to the regular
notification procedures of the Committees on Appropriations.
(3) Notification on excess defense articles.--Prior to
providing excess Department of Defense articles in accordance
with section 516(a) of the Foreign Assistance Act of 1961, the
Department of Defense shall notify the Committees on
Appropriations to the same extent and under the same conditions
as other committees pursuant to subsection (f) of that section:
Provided, That before issuing a letter of offer to sell excess
defense articles under the Arms Export Control Act, the
Department of Defense shall notify the Committees on
Appropriations in accordance with the regular notification
procedures of such Committees if such defense articles are
significant military equipment (as defined in section 47(9) of
the Arms Export Control Act) or are valued (in terms of
original acquisition cost) at $7,000,000 or more, or if
notification is required elsewhere in this Act for the use of
appropriated funds for specific countries that would receive
such excess defense articles: Provided further, That such
Committees shall also be informed of the original acquisition
cost of such defense articles.
(e) Waiver.--The requirements of this section or any similar
provision of this Act or any other Act, including any prior Act
requiring notification in accordance with the regular notification
procedures of the Committees on Appropriations, may be waived if
failure to do so would pose a substantial risk to human health or
welfare: Provided, That in case of any such waiver, notification to the
Committees on Appropriations shall be provided as early as practicable,
but in no event later than 3 days after taking the action to which such
notification requirement was applicable, in the context of the
circumstances necessitating such waiver: Provided further, That any
notification provided pursuant to such a waiver shall contain an
explanation of the emergency circumstances.
(f) Country Notification Requirements.--None of the funds
appropriated under titles III through VI of this Act may be obligated
or expended for assistance for Afghanistan, Bahrain, Burma, Cambodia,
Colombia, Cuba, Egypt, El Salvador, Guatemala, Haiti, Honduras, Iran,
Iraq, Lebanon, Libya, Mexico, Nicaragua, Pakistan, Philippines, the
Russian Federation, Somalia, South Sudan, Sri Lanka, Sudan, Syria,
Uzbekistan, Venezuela, and Yemen except as provided through the regular
notification procedures of the Committees on Appropriations.
(g) Trust Funds.--Funds appropriated or otherwise made available in
title III and under the heading ``Economic Support Fund'' of this Act
and prior Acts making funds available for the Department of State,
foreign operations, and related programs that are made available for a
trust fund held by an international financial institution shall be
subject to the regular notification procedures of the Committees on
Appropriations and such notification shall include the information
specified under this section in the report accompanying this Act.
(h) Other Program Notification Requirement.--Funds appropriated by
this Act that are made available for the programs and activities
enumerated under this section in the report accompanying this Act shall
be subject to the regular notification procedures of the Committees on
Appropriations.
(i) Withholding of Funds.--Funds appropriated by this Act under
titles III and IV that are withheld from obligation or otherwise not
programmed as a result of application of a provision of law in this or
any other Act shall, if reprogrammed, be subject to the regular
notification procedures of the Committees on Appropriations.
(j) Requirement to Inform, Coordinate, and Consult.--
(1) The Secretary of State shall promptly inform the
appropriate congressional committees of each instance in which
funds appropriated by this Act for assistance for Iraq, Libya,
Somalia, Syria, the Counterterrorism Partnership Fund, the
Relief and Recovery Fund, or programs to counter extremism and
foreign fighters abroad, have been diverted or destroyed, to
include the type and amount of assistance, a description of the
incident and parties involved, and an explanation of the
response of the Department of State or USAID, as appropriate:
Provided, That the Secretary shall ensure such funds are
coordinated with, and complement, the programs of other United
States Government departments and agencies and international
partners in such countries and on such activities.
(2) The Secretary of State shall consult with the
Committees on Appropriations at least 7 days prior to informing
a government of, or publically announcing a decision on, the
suspension of assistance to a country or a territory, including
as a result of an interagency review of such assistance, from
funds appropriated by this Act or prior Acts making
appropriations for the Department of State, foreign operations,
and related programs.
document requests
Sec. 7016. None of the funds appropriated or made available
pursuant to titles III through VI of this Act shall be available to a
nongovernmental organization, including any contractor, which fails to
provide upon timely request any document, file, or record necessary to
the auditing requirements of the Department of State and the United
States Agency for International Development.
use of funds in contravention of this act
Sec. 7017. If the President makes a determination not to comply
with any provision of this Act on constitutional grounds, the head of
the relevant Federal agency shall notify the Committees on
Appropriations in writing within 5 days of such determination, the
basis for such determination and any resulting changes to program and
policy.
prohibition on funding for abortions and involuntary sterilization
Sec. 7018. None of the funds made available to carry out part I of
the Foreign Assistance Act of 1961, as amended, may be used to pay for
the performance of abortions as a method of family planning or to
motivate or coerce any person to practice abortions. None of the funds
made available to carry out part I of the Foreign Assistance Act of
1961, as amended, may be used to pay for the performance of involuntary
sterilization as a method of family planning or to coerce or provide
any financial incentive to any person to undergo sterilizations. None
of the funds made available to carry out part I of the Foreign
Assistance Act of 1961, as amended, may be used to pay for any
biomedical research which relates in whole or in part, to methods of,
or the performance of, abortions or involuntary sterilization as a
means of family planning. None of the funds made available to carry out
part I of the Foreign Assistance Act of 1961, as amended, may be
obligated or expended for any country or organization if the President
certifies that the use of these funds by any such country or
organization would violate any of the above provisions related to
abortions and involuntary sterilizations.
allocations and reports
Sec. 7019. (a) Allocation Tables.--Subject to subsection (b), funds
appropriated by this Act under titles III through V shall be made
available at not less than the amounts specifically designated in the
respective tables included under such titles in the report accompanying
this Act: Provided, That such designated amounts for foreign countries
and international organizations shall serve as the amounts for such
countries and international organizations transmitted to Congress in
the report required by section 653(a) of the Foreign Assistance Act of
1961.
(b) Authorized Deviations Below Minimum Levels.--Unless otherwise
provided for by this Act, the Secretary of State and the Administrator
of the United States Agency for International Development, as
applicable, may deviate by not more than 5 percent below the minimum
amounts specifically designated in the respective tables included under
titles III through V in the report accompanying this Act.
(c) Limitation.--For specifically designated amounts that are
included, pursuant to subsection (a), in the report required by section
653(a) of the Foreign Assistance Act of 1961, deviations authorized by
subsection (b) may only take place after submission of such report.
(d) Exceptions.--
(1) Subsections (a) and (b) shall not apply to funds for
which the initial period of availability has expired.
(2) The authority in subsection (b) to deviate below
amounts designated in the respective tables included in the
report accompanying this Act shall not apply to the table
included under the heading ``Global Health Programs'' in such
report.
(e) Reports.--The Secretary of State and the USAID Administrator,
as appropriate, shall submit the reports required, in the manner
described, in the report accompanying this Act.
representation and entertainment expenses
Sec. 7020. (a) Uses of Funds.--Each Federal department, agency, or
entity funded in titles I or II of this Act, and the Department of the
Treasury and independent agencies funded in titles III or VI of this
Act, shall take steps to ensure that domestic and overseas
representation and entertainment expenses further official agency
business and United States foreign policy interests, and--
(1) are primarily for fostering relations outside of the
Executive Branch;
(2) are principally for meals and events of a protocol
nature;
(3) are not for employee-only events; and
(4) do not include activities that are substantially of a
recreational character.
(b) Limitations.--None of the funds appropriated or otherwise made
available by this Act under the headings ``International Military
Education and Training'' or ``Foreign Military Financing Program'' for
Informational Program activities or under the headings ``Global Health
Programs'', ``Development Assistance'', ``Economic Support Fund'', and
``Assistance for Europe, Eurasia and Central Asia'' may be obligated or
expended to pay for--
(1) alcoholic beverages; or
(2) entertainment expenses for activities that are
substantially of a recreational character, including entrance
fees at sporting events, theatrical and musical productions,
and amusement parks.
prohibition on assistance to governments supporting international
terrorism
Sec. 7021. (a) Lethal Military Equipment Exports.--
(1) Prohibition.--None of the funds appropriated or
otherwise made available under titles III through VI of this
Act may be made available to any foreign government which
provides lethal military equipment to a country the government
of which the Secretary of State has determined supports
international terrorism for purposes of section 6(j) of the
Export Administration Act of 1979 as continued in effect
pursuant to the International Emergency Economic Powers Act:
Provided, That the prohibition under this section with respect
to a foreign government shall terminate 12 months after that
government ceases to provide such military equipment: Provided
further, That this section applies with respect to lethal
military equipment provided under a contract entered into after
October 1, 1997.
(2) Determination.--Assistance restricted by paragraph (1)
or any other similar provision of law, may be furnished if the
President determines that to do so is important to the national
interest of the United States.
(3) Report.--Whenever the President makes a determination
pursuant to paragraph (2), the President shall submit to the
Committees on Appropriations a report with respect to the
furnishing of such assistance, including a detailed explanation
of the assistance to be provided, the estimated dollar amount
of such assistance, and an explanation of how the assistance
furthers United States national interest.
(b) Bilateral Assistance.--
(1) Limitations.--Funds appropriated for bilateral
assistance in titles III through VI of this Act and funds
appropriated under any such title in prior Acts making
appropriations for the Department of State, foreign operations,
and related programs, shall not be made available to any
foreign government which the President determines--
(A) grants sanctuary from prosecution to any
individual or group which has committed an act of
international terrorism;
(B) otherwise supports international terrorism; or
(C) is controlled by an organization designated as
a terrorist organization under section 219 of the
Immigration and Nationality Act (8 U.S.C. 1189).
(2) Waiver.--The President may waive the application of
paragraph (1) to a government if the President determines that
national security or humanitarian reasons justify such waiver:
Provided, That the President shall publish each such waiver in
the Federal Register and, at least 15 days before the waiver
takes effect, shall notify the Committees on Appropriations of
the waiver (including the justification for the waiver) in
accordance with the regular notification procedures of the
Committees on Appropriations.
authorization requirements
Sec. 7022. Funds appropriated by this Act, except funds
appropriated under the heading ``Trade and Development Agency'', may be
obligated and expended notwithstanding section 10 of Public Law 91-672
(22 U.S.C. 2412), section 15 of the State Department Basic Authorities
Act of 1956 (22 U.S.C. 2680), section 313 of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995 (22 U.S.C. 6212), and
section 504(a)(1) of the National Security Act of 1947 (50 U.S.C.
3094(a)(1)).
definition of program, project, and activity
Sec. 7023. For the purpose of titles II through VI of this Act
``program, project, and activity'' shall be defined at the
appropriations Act account level and shall include all appropriations
and authorizations Acts funding directives, ceilings, and limitations
with the exception that for the following accounts: ``Economic Support
Fund'', ``Assistance for Europe, Eurasia and Central Asia'', and
``Foreign Military Financing Program'', ``program, project, and
activity'' shall also be considered to include country, regional, and
central program level funding within each such account; and for the
development assistance accounts of the United States Agency for
International Development, ``program, project, and activity'' shall
also be considered to include central, country, regional, and program
level funding, either as--
(1) justified to Congress; or
(2) allocated by the Executive Branch in accordance with a
report, to be provided to the Committees on Appropriations
within 30 days after enactment of this Act, as required by
section 653(a) of the Foreign Assistance Act of 1961 or as
modified pursuant to section 7019 of this Act.
authorities for the peace corps, inter-american foundation and united
states african development foundation
Sec. 7024. Unless expressly provided to the contrary, provisions
of this or any other Act, including provisions contained in prior Acts
authorizing or making appropriations for the Department of State,
foreign operations, and related programs, shall not be construed to
prohibit activities authorized by or conducted under the Peace Corps
Act, the Inter-American Foundation Act or the African Development
Foundation Act: Provided, That prior to conducting activities in a
country for which assistance is prohibited, the agency shall consult
with the Committees on Appropriations and report to such Committees
within 15 days of taking such action.
commerce, trade and surplus commodities
Sec. 7025. (a) World Markets.--None of the funds appropriated or
made available pursuant to titles III through VI of this Act for direct
assistance and none of the funds otherwise made available to the
Export-Import Bank and the United States International Development
Finance Corporation shall be obligated or expended to finance any loan,
any assistance, or any other financial commitments for establishing or
expanding production of any commodity for export by any country other
than the United States, if the commodity is likely to be in surplus on
world markets at the time the resulting productive capacity is expected
to become operative and if the assistance will cause substantial injury
to United States producers of the same, similar, or competing
commodity: Provided, That such prohibition shall not apply to the
Export-Import Bank if in the judgment of its Board of Directors the
benefits to industry and employment in the United States are likely to
outweigh the injury to United States producers of the same, similar, or
competing commodity, and the Chairman of the Board so notifies the
Committees on Appropriations: Provided further, That this subsection
shall not prohibit--
(1) activities in a country that is eligible for assistance
from the International Development Association, is not eligible
for assistance from the International Bank for Reconstruction
and Development, and does not export on a consistent basis the
agricultural commodity with respect to which assistance is
furnished; or
(2) activities in a country the President determines is
recovering from widespread conflict, a humanitarian crisis, or
a complex emergency.
(b) Exports.--None of the funds appropriated by this or any other
Act to carry out chapter 1 of part I of the Foreign Assistance Act of
1961 shall be available for any testing or breeding feasibility study,
variety improvement or introduction, consultancy, publication,
conference, or training in connection with the growth or production in
a foreign country of an agricultural commodity for export which would
compete with a similar commodity grown or produced in the United
States: Provided, That this subsection shall not prohibit--
(1) activities designed to increase food security in
developing countries where such activities will not have a
significant impact on the export of agricultural commodities of
the United States;
(2) research activities intended primarily to benefit
United States producers;
(3) activities in a country that is eligible for assistance
from the International Development Association, is not eligible
for assistance from the International Bank for Reconstruction
and Development, and does not export on a consistent basis the
agricultural commodity with respect to which assistance is
furnished; or
(4) activities in a country the President determines is
recovering from widespread conflict, a humanitarian crisis, or
a complex emergency.
separate accounts
Sec. 7026. (a) Separate Accounts for Local Currencies.--
(1) Agreements.--If assistance is furnished to the
government of a foreign country under chapters 1 and 10 of part
I or chapter 4 of part II of the Foreign Assistance Act of 1961
under agreements which result in the generation of local
currencies of that country, the Administrator of the United
States Agency for International Development shall--
(A) require that local currencies be deposited in a
separate account established by that government;
(B) enter into an agreement with that government
which sets forth--
(i) the amount of the local currencies to
be generated; and
(ii) the terms and conditions under which
the currencies so deposited may be utilized,
consistent with this section; and
(C) establish by agreement with that government the
responsibilities of USAID and that government to
monitor and account for deposits into and disbursements
from the separate account.
(2) Uses of local currencies.--As may be agreed upon with
the foreign government, local currencies deposited in a
separate account pursuant to subsection (a), or an equivalent
amount of local currencies, shall be used only--
(A) to carry out chapter 1 or 10 of part I or
chapter 4 of part II of the Foreign Assistance Act of
1961 (as the case may be), for such purposes as--
(i) project and sector assistance
activities; or
(ii) debt and deficit financing; or
(B) for the administrative requirements of the
United States Government.
(3) Programming accountability.--USAID shall take all
necessary steps to ensure that the equivalent of the local
currencies disbursed pursuant to subsection (a)(2)(A) from the
separate account established pursuant to subsection (a)(1) are
used for the purposes agreed upon pursuant to subsection
(a)(2).
(4) Termination of assistance programs.--Upon termination
of assistance to a country under chapter 1 or 10 of part I or
chapter 4 of part II of the Foreign Assistance Act of 1961 (as
the case may be), any unencumbered balances of funds which
remain in a separate account established pursuant to subsection
(a) shall be disposed of for such purposes as may be agreed to
by the government of that country and the United States
Government.
(b) Separate Accounts for Cash Transfers.--
(1) In general.--If assistance is made available to the
government of a foreign country, under chapter 1 or 10 of part
I or chapter 4 of part II of the Foreign Assistance Act of
1961, as cash transfer assistance or as nonproject sector
assistance, that country shall be required to maintain such
funds in a separate account and not commingle with any other
funds.
(2) Applicability of other provisions of law.--Such funds
may be obligated and expended notwithstanding provisions of law
which are inconsistent with the nature of this assistance
including provisions which are referenced in the Joint
Explanatory Statement of the Committee of Conference
accompanying House Joint Resolution 648 (House Report No. 98-
1159).
(3) Notification.--At least 15 days prior to obligating any
such cash transfer or nonproject sector assistance, the
President shall submit a notification through the regular
notification procedures of the Committees on Appropriations,
which shall include a detailed description of how the funds
proposed to be made available will be used, with a discussion
of the United States interests that will be served by such
assistance (including, as appropriate, a description of the
economic policy reforms that will be promoted by such
assistance).
(4) Exemption.--Nonproject sector assistance funds may be
exempt from the requirements of paragraph (1) only through the
regular notification procedures of the Committees on
Appropriations.
eligibility for assistance
Sec. 7027. (a) Assistance Through Nongovernmental Organizations.--
Restrictions contained in this or any other Act with respect to
assistance for a country shall not be construed to restrict assistance
in support of programs of nongovernmental organizations from funds
appropriated by this Act to carry out the provisions of chapters 1, 10,
11, and 12 of part I and chapter 4 of part II of the Foreign Assistance
Act of 1961 and from funds appropriated under the heading ``Assistance
for Europe, Eurasia and Central Asia'': Provided, That before using the
authority of this subsection to furnish assistance in support of
programs of nongovernmental organizations, the President shall notify
the Committees on Appropriations pursuant to the regular notification
procedures, including a description of the program to be assisted, the
assistance to be provided, and the reasons for furnishing such
assistance: Provided further, That nothing in this subsection shall be
construed to alter any existing statutory prohibitions against abortion
or involuntary sterilizations contained in this or any other Act.
(b) Public Law 480.--During fiscal year 2020, restrictions
contained in this or any other Act with respect to assistance for a
country shall not be construed to restrict assistance under the Food
for Peace Act (Public Law 83-480; 7 U.S.C. 1721 et seq.): Provided,
That none of the funds appropriated to carry out title I of such Act
and made available pursuant to this subsection may be obligated or
expended except as provided through the regular notification procedures
of the Committees on Appropriations.
(c) Exception.--This section shall not apply--
(1) with respect to section 620A of the Foreign Assistance
Act of 1961 or any comparable provision of law prohibiting
assistance to countries that support international terrorism;
or
(2) with respect to section 116 of the Foreign Assistance
Act of 1961 or any comparable provision of law prohibiting
assistance to the government of a country that violates
internationally recognized human rights.
local competition
Sec. 7028. (a) Requirements for Exceptions to Competition for Local
Entities.--Funds appropriated by this Act that are made available to
the United States Agency for International Development may only be made
available for limited competitions through local entities if the
requirements contained under this section in the report accompanying
this Act are met.
(b) Extension of Procurement Authority.--Section 7077 of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2012 (division I of Public Law 112-74) shall
continue in effect during fiscal year 2020.
international financial institutions
Sec. 7029. (a) Safeguards.--The Secretary of the Treasury shall
instruct the United States Executive Director of the International Bank
for Reconstruction and Development and the International Development
Association to vote against any loan, grant, policy, or strategy if
such institution has adopted and is implementing any social or
environmental safeguard relevant to such loan, grant, policy, or
strategy that provides less protection than World Bank safeguards in
effect on September 30, 2015.
(b) Compensation.--None of the funds appropriated under title V of
this Act may be made as payment to any international financial
institution while the United States executive director to such
institution is compensated by the institution at a rate which, together
with whatever compensation such executive director receives from the
United States, is in excess of the rate provided for an individual
occupying a position at level IV of the Executive Schedule under
section 5315 of title 5, United States Code, or while any alternate
United States executive director to such institution is compensated by
the institution at a rate in excess of the rate provided for an
individual occupying a position at level V of the Executive Schedule
under section 5316 of title 5, United States Code.
(c) Human Rights.--The Secretary of the Treasury shall instruct the
United States executive director of each international financial
institution to promote human rights due diligence and risk management,
as appropriate, in connection with any loan, grant, policy, or strategy
of such institution in accordance with the criteria specified under
this section in the report accompanying this Act.
(d) Fraud and Corruption.--The Secretary of the Treasury shall
instruct the United States executive director of each international
financial institution to promote in loan, grant, and other financing
agreements improvements in borrowing countries' financial management
and judicial capacity to investigate, prosecute, and punish fraud and
corruption.
multi-year pledges
Sec. 7030. None of the funds appropriated by this Act may be used
to make any pledge for future year funding for any multilateral or
bilateral program funded in titles III through VI of this Act unless
such pledge meets the requirements enumerated under this section in the
report accompanying this Act.
financial management and budget transparency
Sec. 7031. (a) Limitation on Direct Government-to-Government
Assistance.--
(1) Requirements.--Funds appropriated by this Act may be
made available for direct government-to-government assistance
only if the conditions enumerated under this section in the
report accompanying this Act are fully met.
(2) Suspension of assistance.--The Administrator of the
United States Agency for International Development or the
Secretary of State, as appropriate, shall suspend any direct
government-to-government assistance if the Administrator or the
Secretary has credible information of material misuse of such
assistance, unless the Administrator or the Secretary reports
to the Committees on Appropriations that it is in the national
interest of the United States to continue such assistance,
including a justification, or that such misuse has been
appropriately addressed.
(3) Debt service payment prohibition.--None of the funds
made available by this Act may be used by the government of any
foreign country for debt service payments owed by any country
to any international financial institution.
(b) National Budget and Contract Transparency.--
(1) Minimum requirements of fiscal transparency.--The
Secretary of State shall continue to update and strengthen the
``minimum requirements of fiscal transparency'' for each
government receiving assistance appropriated by this Act, as
identified in the report required by section 7031(b) of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2014 (division K of Public Law 113-76).
(2) Determination and report.--For each government
identified pursuant to paragraph (1), the Secretary of State,
not later than 180 days after enactment of this Act, shall make
or update any determination of ``significant progress'' or ``no
significant progress'' in meeting the minimum requirements of
fiscal transparency, and make such determinations publicly
available in an annual ``Fiscal Transparency Report'' to be
posted on the Department of State website.
(3) Assistance.--Funds appropriated under title III and
under the heading ``Economic Support Fund'' in title IV of this
Act shall be made available for programs and activities to
assist governments identified pursuant to paragraph (1) to
improve budget transparency and to support civil society
organizations in such countries that promote budget
transparency.
(c) Anti-Kleptocracy and Human Rights.--
(1) Ineligibility.--
(A) Officials of foreign governments and their
immediate family members about whom the Secretary of
State has credible information have been involved in
significant corruption, including corruption related to
the extraction of natural resources, or a gross
violation of human rights shall be ineligible for entry
into the United States.
(B) The Secretary shall also publicly or privately
designate or identify officials of foreign governments
and their immediate family members about whom the
Secretary has such credible information without regard
to whether the individual has applied for a visa.
(2) Exception.--Individuals shall not be ineligible if
entry into the United States would further important United
States law enforcement objectives or is necessary to permit the
United States to fulfill its obligations under the United
Nations Headquarters Agreement: Provided, That nothing in
paragraph (1) shall be construed to derogate from United States
Government obligations under applicable international
agreements.
(3) Waiver.--The Secretary may waive the application of
paragraph (1) if the Secretary determines that the waiver would
serve a compelling national interest or that the circumstances
which caused the individual to be ineligible have changed
sufficiently.
(d) Foreign Assistance Website.--Funds appropriated by this Act
under titles I and II, and funds made available for any independent
agency in title III, as appropriate, shall be made available to support
the provision of additional information on United States Government
foreign assistance on the Department of State foreign assistance
website: Provided, That all Federal agencies funded under this Act
shall provide such information on foreign assistance, upon request, to
the Department of State.
democracy programs
Sec. 7032. (a) Funding.--Of the funds appropriated by this Act
under the headings ``Development Assistance'', ``Economic Support
Fund'', ``Democracy Fund'', ``Assistance for Europe, Eurasia and
Central Asia'', and ``International Narcotics Control and Law
Enforcement'', not less than $2,400,000,000 shall be made available for
democracy programs.
(b) Authorities.--
(1) Funds made available by this Act for democracy programs
pursuant to subsection (a) and under the heading ``National
Endowment for Democracy'' may be made available notwithstanding
any other provision of law, and with regard to the National
Endowment for Democracy (NED), any regulation.
(2) Funds made available by this Act for the NED are made
available pursuant to the authority of the National Endowment
for Democracy Act (title V of Public Law 98-164), including all
decisions regarding the selection of beneficiaries.
(c) Definition of Democracy Programs.--For purposes of funds
appropriated by this Act, the term ``democracy programs'' means
programs that support good governance, credible and competitive
elections, freedom of expression, association, assembly, and religion,
human rights, labor rights, independent media, and the rule of law, and
that otherwise strengthen the capacity of democratic political parties,
governments, nongovernmental organizations and institutions, and
citizens to support the development of democratic states and
institutions that are responsive and accountable to citizens.
(d) Program Prioritization.--Funds made available pursuant to this
section that are made available for programs to strengthen government
institutions shall be prioritized for those institutions that
demonstrate a commitment to democracy and the rule of law.
(e) Restriction on Prior Approval.--With respect to the provision
of assistance for democracy programs in this Act, the organizations
implementing such assistance, the specific nature of that assistance,
and the participants in such programs shall not be subject to the prior
approval by the government of any foreign country.
(f) Continuation of Current Practices.--The United States Agency
for International Development shall continue to implement civil society
and political competition and consensus building programs abroad with
funds appropriated by this Act in a manner that recognizes the unique
benefits of grants and cooperative agreements in implementing such
programs.
(g) Informing the National Endowment for Democracy.--The Assistant
Secretary for Democracy, Human Rights, and Labor, Department of State,
and the Assistant Administrator for Democracy, Conflict, and
Humanitarian Assistance, USAID, shall regularly inform the National
Endowment for Democracy of democracy programs that are planned and
supported by funds made available by this Act and prior Acts making
appropriations for the Department of State, foreign operations, and
related programs.
(h) Protection of Civil Society Activists and Journalists.--Funds
appropriated by this Act under title III shall be made available to
support and protect civil society activists and journalists who have
been threatened, harassed, or attacked, consistent with the action plan
submitted pursuant to, and on the same terms and conditions of, section
7032(i) of the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2018 (division K of Public Law 115-141).
international religious freedom
Sec. 7033. (a) International Religious Freedom Office and Special
Envoy to Promote Religious Freedom.--Funds appropriated by this Act
under the heading ``Diplomatic Programs'' shall be made available for
the Office of International Religious Freedom, Bureau of Democracy,
Human Rights, and Labor, Department of State, and the Special Envoy to
Promote Religious Freedom of Religious Minorities in the Near East and
South Central Asia, as authorized in the Near East and South Central
Asia Religious Freedom Act of 2014 (Public Law 113-161), including for
support staff at not less than the amounts specified for such offices
in the table under such heading in the report accompanying this Act.
(b) Assistance.--Funds appropriated by this Act under the headings
``Democracy Fund'', ``Economic Support Fund'', and ``International
Broadcasting Operations'' shall be made available for international
religious freedom programs and funds appropriated by this Act under the
headings ``International Disaster Assistance'' and ``Migration and
Refugee Assistance'' shall be made available for humanitarian
assistance for vulnerable and persecuted religious minorities.
(c) Authority.--Funds appropriated by this Act and prior Acts
making appropriations for the Department of State, foreign operations,
and related programs under the heading ``Economic Support Fund'' may be
made available notwithstanding any other provision of law for
assistance for ethnic and religious minorities in Iraq and Syria.
special provisions
Sec. 7034. (a) Victims of War, Displaced Children, and Displaced
Burmese.--Funds appropriated in titles III and VI of this Act that are
made available for victims of war, displaced children, displaced
Burmese, and to combat trafficking in persons and assist victims of
such trafficking, may be made available notwithstanding any other
provision of law.
(b) Atrocities Prevention.--Of the funds appropriated by this Act
under the headings ``Economic Support Fund'' and ``International
Narcotics Control and Law Enforcement'', not less than $5,000,000 shall
be made available for programs to prevent atrocities, including to
implement recommendations of the Atrocities Prevention Board, or any
successor entity.
(c) World Food Programme.--Funds managed by the Bureau for
Democracy, Conflict, and Humanitarian Assistance, or any successor
humanitarian assistance bureau, of the United States Agency for
International Development, from this or any other Act, may be made
available as a general contribution to the World Food Programme,
notwithstanding any other provision of law.
(d) Directives and Authorities.--
(1) Research and training.--Funds appropriated by this Act
under the heading ``Assistance for Europe, Eurasia and Central
Asia'' shall be made available to carry out the Program for
Research and Training on Eastern Europe and the Independent
States of the Former Soviet Union as authorized by the Soviet-
Eastern European Research and Training Act of 1983 (22 U.S.C.
4501 et seq.).
(2) Additional authorities.--Of the amounts made available
by title I of this Act under the heading ``Diplomatic
Programs'', up to $500,000 may be made available for grants
pursuant to section 504 of the Foreign Relations Authorization
Act, Fiscal Year 1979 (22 U.S.C. 2656d), including to
facilitate collaboration with indigenous communities, and up to
$1,000,000 may be made available for grants to carry out the
activities of the Cultural Antiquities Task Force.
(3) Innovation.--The USAID Administrator may use funds
appropriated by this Act under title III to make innovation
incentive awards: Provided, That each individual award may not
exceed $100,000: Provided further, That no more than 15 such
awards may be made during fiscal year 2020.
(4) Exchange visitor program.--None of the funds made
available by this Act may be used to modify the Exchange
Visitor Program administered by the Department of State to
implement the Mutual Educational and Cultural Exchange Act of
1961, as amended, (Public Law 87-256; 22 U.S.C. 2451 et seq.),
except through the formal rulemaking process pursuant to the
Administrative Procedure Act and notwithstanding the exceptions
to such rulemaking process in such Act: Provided, That funds
made available for such purpose shall only be made available
after consultation with, and subject to the regular
notification procedures of, the Committees on Appropriations,
regarding how any proposed modification would affect the public
diplomacy goals of, and the estimated economic impact on, the
United States.
(5) Private sector partnerships.--Of the funds appropriated
by this Act under the headings ``Development Assistance'' and
``Economic Support Fund'' that are made available for private
sector partnerships, up to $50,000,000 may remain available
until September 30, 2022: Provided, That funds made available
pursuant to this paragraph may only be made available following
prior consultation with the appropriate congressional
committees, and the regular notification procedures of the
Committees on Appropriations.
(6) Vietnam education foundation.--Section 207(c) of the
Vietnam Education Foundation Act of 2000 (114 Stat. 2763A-257;
22 U.S.C. 2452) is amended by adding a new paragraph as
follows:
``(4) On October 1, 2019, any remaining unobligated
balances of funds made available under the heading `Vietnam
Education Foundation--Vietnam Debt Repayment Fund' that are not
necessary for liquidating the final liabilities of the Vietnam
Education Foundation shall be available for grants authorized
by section 211 of this Act.''.
(e) Partner Vetting.--Prior to initiating a partner vetting
program, or making significant changes to the scope of an existing
partner vetting program, the Secretary of State and USAID
Administrator, as appropriate, shall consult with the Committees on
Appropriations.
(f) Contingencies.--During fiscal year 2020, the President may use
up to $200,000,000 under the authority of section 451 of the Foreign
Assistance Act of 1961, notwithstanding any other provision of law.
(g) Transfer of Funds for Extraordinary Protection.--The Secretary
of State may transfer to, and merge with, funds under the heading
``Protection of Foreign Missions and Officials'' unobligated balances
of expired funds appropriated under the heading ``Diplomatic Programs''
for fiscal year 2020, except for funds designated for Overseas
Contingency Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control
Act of 1985, at no later than the end of the fifth fiscal year after
the last fiscal year for which such funds are available for the
purposes for which appropriated: Provided, That not more than
$50,000,000 may be transferred.
(h) Protections and Remedies for Employees of Diplomatic Missions
and International Organizations.--Section 7034(k) of the Department of
State, Foreign Operations, and Related Programs Appropriations Act,
2015 (division J of Public Law 113-235) shall continue in effect during
fiscal year 2020.
(i) Extension of Authorities.--
(1) Passport fees.--Section 1(b)(2) of the Passport Act of
June 4, 1920 (22 U.S.C. 214(b)(2)) shall be applied by
substituting ``September 30, 2020'' for ``September 30, 2010''.
(2) Incentives for critical posts.--The authority contained
in section 1115(d) of the Supplemental Appropriations Act, 2009
(Public Law 111-32) shall remain in effect through September
30, 2020.
(3) USAID civil service annuitant waiver.--Section
625(j)(1) of the Foreign Assistance Act of 1961 (22 U.S.C.
2385(j)(1)) shall be applied by substituting ``September 30,
2020'' for ``October 1, 2010'' in subparagraph (B).
(4) Overseas pay comparability.--The authority provided by
section 1113 of the Supplemental Appropriations Act, 2009
(Public Law 111-32) shall remain in effect through September
30, 2020: Provided, That the exercise of the authority of
section 1113 of such Act, as carried forward by this Act, shall
be subject to prior consultation with the Committees on
Appropriations.
(5) Categorical eligibility.--The Foreign Operations,
Export Financing, and Related Programs Appropriations Act, 1990
(Public Law 101-167) is amended--
(A) in section 599D (8 U.S.C. 1157 note)--
(i) in subsection (b)(3), by striking ``and
2019'' and inserting ``2019, and 2020''; and
(ii) in subsection (e), by striking
``2019'' each place it appears and inserting
``2020''; and
(B) in section 599E (8 U.S.C. 1255 note) in
subsection (b)(2), by striking ``2019'' and inserting
``2020''.
(6) Inspector general annuitant waiver.--The authorities
provided in section 1015(b) of the Supplemental Appropriations
Act, 2010 (Public Law 111-212) shall remain in effect through
September 30, 2020.
(7) Accountability review boards.--The authority provided
by section 301(a)(3) of the Omnibus Diplomatic Security and
Antiterrorism Act of 1986 (22 U.S.C. 4831(a)(3)) shall remain
in effect for facilities in Afghanistan through September 30,
2020, except that the notification and reporting requirements
contained in such section shall include the Committees on
Appropriations.
(8) Special inspector general for afghanistan
reconstruction competitive status.--Notwithstanding any other
provision of law, any employee of the Special Inspector General
for Afghanistan Reconstruction (SIGAR) who completes at least
12 months of continuous service after the date of enactment of
this Act or who is employed on the date on which SIGAR
terminates, whichever occurs first, shall acquire competitive
status for appointment to any position in the competitive
service for which the employee possesses the required
qualifications.
(9) Transfer of balances.--Section 7081(h) of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2017 (division J of Public Law 115-31)
shall continue in effect during fiscal year 2020.
(10) Department of state inspector general waiver
authority.--The Inspector General of the Department of State
may waive the provisions of subsections (a) through (d) of
section 824 of the Foreign Service Act of 1980 (22 U.S.C. 4064)
on a case-by-case basis for an annuitant reemployed by the
Inspector General on a temporary basis, subject to the same
constraints and in the same manner by which the Secretary of
State may exercise such waiver authority pursuant to subsection
(g) of such section.
(j) HIV/AIDS Working Capital Fund.--Funds available in the HIV/AIDS
Working Capital Fund established pursuant to section 525(b)(1) of the
Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 2005 (Public Law 108-447) may be made available for
pharmaceuticals and other products for other global health and child
survival activities to the same extent as HIV/AIDS pharmaceuticals and
other products, subject to the terms and conditions in such section:
Provided, That the authority in section 525(b)(5) of the Foreign
Operations, Export Financing, and Related Programs Appropriation Act,
2005 (Public Law 108-447) shall be exercised by the Assistant
Administrator for Global Health, USAID, with respect to funds deposited
for such non-HIV/AIDS pharmaceuticals and other products, and shall be
subject to the regular notification procedures of the Committees on
Appropriations.
(k) Loans, Consultation, and Notification.--
(1) Loan guarantees.--Funds appropriated under the headings
``Economic Support Fund'' and ``Assistance for Europe, Eurasia
and Central Asia'' by this Act and prior Acts making
appropriations for the Department of State, foreign operations,
and related programs may be made available for the costs, as
defined in section 502 of the Congressional Budget Act of 1974,
of loan guarantees for Egypt, Jordan, Tunisia, and Ukraine,
which are authorized to be provided: Provided, That amounts
made available under this paragraph for the costs of such
guarantees shall not be considered assistance for the purposes
of provisions of law limiting assistance to a country.
(2) Designation requirement.--Funds made available pursuant
to paragraph (1) from prior Acts making appropriations for the
Department of State, foreign operations, and related programs
that were previously designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
Deficit Control Act of 1985 are designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of such Act.
(3) Consultation and notification.--Funds made available
pursuant to the authorities of this subsection shall be subject
to prior consultation with the appropriate congressional
committees, and subject to the regular notification procedures
of the Committees on Appropriations.
(l) Local Works.--
(1) Of the funds appropriated by this Act under the
headings ``Development Assistance'' and ``Economic Support
Fund'', not less than $50,000,000 shall be made available for
Local Works pursuant to section 7080 of the Department of
State, Foreign Operations, and Related Programs Appropriations
Act, 2015 (division J of Public Law 113-235), which may remain
available until September 30, 2024.
(2) For the purposes of section 7080 of the Department of
State, Foreign Operations, and Related Programs Appropriations
Act, 2015 (division J of Public Law 113-235), ``eligible
entities'' shall be defined as small local, international, and
United States-based nongovernmental organizations, educational
institutions, and other small entities that have received less
than a total of $5,000,000 from USAID over the previous 5
fiscal years: Provided, That departments or centers of such
educational institutions may be considered individually in
determining such eligibility.
(m) Definitions.--
(1) Appropriate congressional committees.--Unless otherwise
defined in this Act, for purposes of this Act the term
``appropriate congressional committees'' means the Committees
on Appropriations and Foreign Relations of the Senate and the
Committees on Appropriations and Foreign Affairs of the House
of Representatives.
(2) Funds appropriated by this act and prior acts.--Unless
otherwise defined in this Act, for purposes of this Act the
term ``funds appropriated by this Act and prior Acts making
appropriations for the Department of State, foreign operations,
and related programs'' means funds that remain available for
obligation, and have not expired.
(3) International financial institutions.--In this Act
``international financial institutions'' means the
International Bank for Reconstruction and Development, the
International Development Association, the International
Finance Corporation, the Inter-American Development Bank, the
International Monetary Fund, the International Fund for
Agricultural Development, the Asian Development Fund, the
Inter-American Investment Corporation, the North American
Development Bank, the European Bank for Reconstruction and
Development, the African Development Bank, the African
Development Fund, and the Multilateral Investment Guarantee
Agency.
(4) Paris agreement.--In this Act, the term ``Paris
Agreement'' means the decision by the United Nations Framework
Convention on Climate Change's 21st Conference of Parties in
Paris, France, adopted December 12, 2015.
(5) Southern kordofan reference.--Any reference to Southern
Kordofan in this or any other Act making appropriations for the
Department of State, foreign operations, and related programs
shall for fiscal year 2020, and each fiscal year thereafter, be
deemed to include portions of Western Kordofan that were
previously part of Southern Kordofan prior to the 2013 division
of Southern Kordofan.
(6) USAID.--In this Act, the term ``USAID'' means the
United States Agency for International Development.
(7) Spend plan.--In this Act, the term ``spend plan'' means
a plan for the uses of funds appropriated for a particular
entity, country, program, purpose, or account and which shall
include, at a minimum, a description of--
(A) realistic and sustainable goals, criteria for
measuring progress, and a timeline for achieving such
goals;
(B) amounts and sources of funds by account;
(C) how such funds will complement other ongoing or
planned programs; and
(D) implementing partners, to the maximum extent
practicable.
law enforcement and security
Sec. 7035. (a) Assistance.--
(1) Community-based police assistance.--Funds made
available under titles III and IV of this Act to carry out the
provisions of chapter 1 of part I and chapters 4 and 6 of part
II of the Foreign Assistance Act of 1961, may be used,
notwithstanding section 660 of that Act, to enhance the
effectiveness and accountability of civilian police authority
through training and technical assistance in human rights, the
rule of law, anti-corruption, strategic planning, and through
assistance to foster civilian police roles that support
democratic governance, including assistance for programs to
prevent conflict, respond to disasters, address gender-based
violence, and foster improved police relations with the
communities they serve.
(2) Counterterrorism partnerships fund.--Funds appropriated
by this Act under the heading Nonproliferation, Anti-terrorism,
Demining and Related Programs shall be made available for the
Counterterrorism Partnerships Fund for programs in areas
liberated from, under the influence of, or adversely affected
by, the Islamic State of Iraq and Syria or other terrorist
organizations: Provided, That such areas shall include the
Kurdistan Region of Iraq: Provided further, That prior to the
obligation of funds made available pursuant to this paragraph,
the Secretary of State shall take all practicable steps to
ensure that mechanisms are in place for monitoring, oversight,
and control of such funds: Provided further, That funds made
available pursuant to this paragraph shall be subject to prior
consultation with the appropriate congressional committees, and
the regular notification procedures of the Committees on
Appropriations.
(b) Authorities.--
(1) Reconstituting civilian police authority.--In providing
assistance with funds appropriated by this Act under section
660(b)(6) of the Foreign Assistance Act of 1961, support for a
nation emerging from instability may be deemed to mean support
for regional, district, municipal, or other sub-national entity
emerging from instability, as well as a nation emerging from
instability.
(2) Disarmament, demobilization, and reintegration.--
Section 7034(d) of the Department of State, Foreign Operations,
and Related Programs Appropriations Act, 2015 (division J of
Public Law 113-235) shall continue in effect during fiscal year
2020.
(3) International prison conditions.-- Funds appropriated
by this Act shall be made available for assistance to eliminate
inhumane conditions in foreign prisons and other detention
facilities, notwithstanding section 660 of the Foreign
Assistance Act of 1961: Provided, That the Secretary of State
and the USAID Administrator shall consult with the Committees
on Appropriations on the proposed uses of such funds prior to
obligation and not later than 60 days after enactment of this
Act.
(4) Extension of war reserves stockpile authority.--
(A) Section 12001(d) of the Department of Defense
Appropriations Act, 2005 (Public Law 108-287; 118 Stat.
1011) is amended by striking ``of this section'' and
all that follows through the period at the end and
inserting ``of this section after September 30,
2021.''.
(B) Section 514(b)(2)(A) of the Foreign Assistance
Act of 1961 (22 U.S.C. 2321h(b)(2)(A)) is amended by
striking ``and 2020'' and inserting ``2020, and 2021''.
(5) Commercial leasing of defense articles.--
Notwithstanding any other provision of law, and subject to the
regular notification procedures of the Committees on
Appropriations, the authority of section 23(a) of the Arms
Export Control Act may be used to provide financing to Israel,
Egypt, the North Atlantic Treaty Organization (NATO), and major
non-NATO allies for the procurement by leasing (including
leasing with an option to purchase) of defense articles from
United States commercial suppliers, not including Major Defense
Equipment (other than helicopters and other types of aircraft
having possible civilian application), if the President
determines that there are compelling foreign policy or national
security reasons for those defense articles being provided by
commercial lease rather than by government-to-government sale
under such Act.
(6) Special defense acquisition fund.--Not to exceed
$900,000,000 may be obligated pursuant to section 51(c)(2) of
the Arms Export Control Act for the purposes of the Special
Defense Acquisition Fund (the Fund), to remain available for
obligation until September 30, 2022: Provided, That the
provision of defense articles and defense services to foreign
countries or international organizations from the Fund shall be
subject to the concurrence of the Secretary of State.
(c) Limitations.--
(1) Child soldiers.--Funds appropriated by this Act should
not be used to support any military training or operations that
include child soldiers.
(2) Landmines and cluster munitions.--
(A) Landmines.--Notwithstanding any other provision
of law, demining equipment available to the United
States Agency for International Development and the
Department of State and used in support of the
clearance of landmines and unexploded ordnance for
humanitarian purposes may be disposed of on a grant
basis in foreign countries, subject to such terms and
conditions as the Secretary of State may prescribe.
(B) Cluster munitions.--No military assistance
shall be furnished for cluster munitions, no defense
export license for cluster munitions may be issued, and
no cluster munitions or cluster munitions technology
shall be sold or transferred, unless--
(i) the submunitions of the cluster
munitions, after arming, do not result in more
than 1 percent unexploded ordnance across the
range of intended operational environments, and
the agreement applicable to the assistance,
transfer, or sale of such cluster munitions or
cluster munitions technology specifies that the
cluster munitions will only be used against
clearly defined military targets and will not
be used where civilians are known to be present
or in areas normally inhabited by civilians; or
(ii) such assistance, license, sale, or
transfer is for the purpose of demilitarizing
or permanently disposing of such cluster
munitions.
(3) Crowd control items.--Funds appropriated by this Act
should not be used for tear gas, small arms, light weapons,
ammunition, or other items for crowd control purposes for
foreign security forces that use excessive force to repress
peaceful expression, association, or assembly in countries that
the Secretary of State determines are undemocratic or are
undergoing democratic transitions.
(d) Reports.--
(1) Security assistance report.--Not later than 120 days
after enactment of this Act, the Secretary of State shall
submit to the Committees on Appropriations a report on funds
obligated and expended during fiscal year 2019, by country and
purpose of assistance, under the headings ``Peacekeeping
Operations'', ``International Military Education and
Training'', and ``Foreign Military Financing Program''.
(2) Quarterly status report.--Following the submission of
the quarterly report required by section 36 of Public Law 90-
629 (22 U.S.C. 2776), the Secretary of State, in coordination
with the Secretary of Defense, shall submit to the Committees
on Appropriations a status report that contains the information
described under the heading ``Foreign Military Financing
Program'' in the report accompanying this Act.
enterprise funds
Sec. 7036. (a) Notification.--None of the funds made available
under titles III through VI of this Act may be made available for
Enterprise Funds unless the appropriate congressional committees are
notified at least 15 days in advance.
(b) Distribution of Assets Plan.--Prior to the distribution of any
assets resulting from any liquidation, dissolution, or winding up of an
Enterprise Fund, in whole or in part, the President shall submit to the
appropriate congressional committees a plan for the distribution of the
assets of the Enterprise Fund.
(c) Transition or Operating Plan.--Prior to a transition to and
operation of any private equity fund or other parallel investment fund
under an existing Enterprise Fund, the President shall submit such
transition or operating plan to the appropriate congressional
committees.
war crimes tribunals
Sec. 7037. If the President determines that doing so will
contribute to a just resolution of charges regarding genocide or other
violations of international humanitarian law, the President may direct
a drawdown pursuant to section 552(c) of the Foreign Assistance Act of
1961 of up to $30,000,000 of commodities and services for the United
Nations War Crimes Tribunal established with regard to the former
Yugoslavia by the United Nations Security Council or such other
tribunals or commissions as the Council may establish or authorize to
deal with such violations, without regard to the ceiling limitation
contained in paragraph (2) thereof: Provided, That the determination
required under this section shall be in lieu of any determinations
otherwise required under section 552(c): Provided further, That funds
made available pursuant to this section shall be made available subject
to the regular notification procedures of the Committees on
Appropriations.
palestinian statehood
Sec. 7038. (a) Limitation on Assistance.--None of the funds
appropriated under titles III through VI of this Act may be provided to
support a Palestinian state unless the Secretary of State determines
and certifies to the appropriate congressional committees that--
(1) the governing entity of a new Palestinian state--
(A) has demonstrated a firm commitment to peaceful
co-existence with the State of Israel; and
(B) is taking appropriate measures to counter
terrorism and terrorist financing in the West Bank and
Gaza, including the dismantling of terrorist
infrastructures, and is cooperating with appropriate
Israeli and other appropriate security organizations;
and
(2) the Palestinian Authority (or the governing entity of a
new Palestinian state) is working with other countries in the
region to vigorously pursue efforts to establish a just,
lasting, and comprehensive peace in the Middle East that will
enable Israel and an independent Palestinian state to exist
within the context of full and normal relationships, which
should include--
(A) termination of all claims or states of
belligerency;
(B) respect for and acknowledgment of the
sovereignty, territorial integrity, and political
independence of every state in the area through
measures including the establishment of demilitarized
zones;
(C) their right to live in peace within secure and
recognized boundaries free from threats or acts of
force;
(D) freedom of navigation through international
waterways in the area; and
(E) a framework for achieving a just settlement of
the refugee problem.
(3) the governing entity has enacted a constitution
assuring the rule of law, an independent judiciary, and respect
for human rights for its citizens, and should enact other laws
and regulations assuring transparent and accountable
governance.
(b) Waiver.--The President may waive subsection (a) if the
President determines that it is important to the national security
interest of the United States to do so.
(c) Exemption.--The restriction in subsection (a) shall not apply
to assistance intended to help reform the Palestinian Authority and
affiliated institutions, or the governing entity, in order to help meet
the requirements of subsection (a), consistent with the provisions of
section 7039 of this Act (``Limitation on Assistance for the
Palestinian Authority'').
limitation on assistance for the palestinian authority
Sec. 7039. (a) Prohibition of Funds.--None of the funds
appropriated by this Act to carry out the provisions of chapter 4 of
part II of the Foreign Assistance Act of 1961 may be obligated or
expended with respect to providing funds to the Palestinian Authority.
(b) Waiver.--The prohibition included in subsection (a) shall not
apply if the President certifies in writing to the Speaker of the House
of Representatives, the President pro tempore of the Senate, and the
Committees on Appropriations that waiving such prohibition is important
to the national security interest of the United States.
(c) Period of Application of Waiver.--Any waiver pursuant to
subsection (b) shall be effective for no more than a period of 6 months
at a time and shall not apply beyond 12 months after the enactment of
this Act.
(d) Report.--Whenever the waiver authority pursuant to subsection
(b) is exercised, the President shall submit a report to the Committees
on Appropriations detailing the justification for the waiver, the
purposes for which the funds will be spent, and the accounting
procedures in place to ensure that the funds are properly disbursed:
Provided, That the report shall also detail the steps the Palestinian
Authority has taken to arrest terrorists, confiscate weapons and
dismantle the terrorist infrastructure, and facilitate the settlement
of terrorism-related claims of nationals of the United States.
(e) Certification.--If the President exercises the waiver authority
under subsection (b), the Secretary of State must certify and report to
the Committees on Appropriations prior to the obligation of funds that
the Palestinian Authority has established a single treasury account for
all Palestinian Authority financing and all financing mechanisms flow
through this account, no parallel financing mechanisms exist outside of
the Palestinian Authority treasury account, and there is a single
comprehensive civil service roster and payroll, and the Palestinian
Authority is acting to counter incitement of violence against Israelis
and is supporting activities aimed at promoting peace, coexistence, and
security cooperation with Israel.
(f) Prohibition to Hamas and the Palestine Liberation
Organization.--
(1) None of the funds appropriated under the heading
``Economic Support Fund'' in this Act may be obligated for
salaries of personnel of the Palestinian Authority located in
Gaza or may be obligated or expended for assistance to Hamas or
any entity effectively controlled by Hamas, any power-sharing
government of which Hamas is a member, or that results from an
agreement with Hamas and over which Hamas exercises undue
influence.
(2) Notwithstanding the limitation of paragraph (1),
assistance may be provided to a power-sharing government only
if the President certifies and reports to the Committees on
Appropriations that such government, including all of its
ministers or such equivalent, has publicly accepted and is
complying with the principles contained in section 620K(b)(1)
(A) and (B) of the Foreign Assistance Act of 1961, as amended.
(3) The President may exercise the authority in section
620K(e) of the Foreign Assistance Act of 1961 with respect to
this subsection.
(4) Whenever the certification pursuant to paragraph (2) is
exercised, the Secretary of State shall submit a report to the
Committees on Appropriations within 120 days of the
certification and every quarter thereafter on whether such
government, including all of its ministers or such equivalent
are continuing to comply with the principles contained in
section 620K(b)(1) (A) and (B) of the Foreign Assistance Act of
1961, as amended: Provided, That the report shall also detail
the amount, purposes and delivery mechanisms for any assistance
provided pursuant to the abovementioned certification and a
full accounting of any direct support of such government.
(5) None of the funds appropriated under titles III through
VI of this Act may be obligated for assistance for the
Palestine Liberation Organization.
(g) Suspension of Assistance.--
(1) Funds appropriated under the heading ``Economic Support
Fund'' in this Act and made available for assistance for the
Palestinian Authority pursuant to subsection (b) shall be
suspended if after the date of enactment of this Act--
(A) the Palestinians obtain the same standing as
member states or full membership as a state in the
United Nations or any specialized agency thereof
outside an agreement negotiated between Israel and the
Palestinians; or
(B) the Palestinians initiate an International
Criminal Court (ICC) judicially authorized
investigation, or actively support such an
investigation, that subjects Israeli nationals to an
investigation for alleged crimes against Palestinians.
(2) The Secretary of State may waive the restriction in
paragraph (1) of this subsection resulting from the application
of subparagraph (A) of such paragraph if the Secretary
certifies to the Committees on Appropriations that to do so is
in the national security interest of the United States, and
submits a report to such Committees detailing how the waiver
and the continuation of assistance would assist in furthering
Middle East peace.
(h) Reduction.--The Secretary of State shall reduce the amount of
assistance made available by this Act under the heading ``Economic
Support Fund'' for the Palestinian Authority by an amount the Secretary
determines is equivalent to the amount expended by the Palestinian
Authority, the Palestine Liberation Organization, and any successor or
affiliated organizations with such entities as payments for acts of
terrorism by individuals who are imprisoned after being fairly tried
and convicted for acts of terrorism and by individuals who died
committing acts of terrorism during the previous calendar year:
Provided, That the Secretary shall report to the Committees on
Appropriations on the amount reduced for fiscal year 2020 prior to the
obligation of funds for the Palestinian Authority.
(i) Incitement Report.--Not later than 90 days after enactment of
this Act, the Secretary of State shall submit a report to the
appropriate congressional committees detailing steps taken by the
Palestinian Authority to counter incitement of violence against
Israelis and to promote peace and coexistence with Israel.
(j) Section 1003.--(1) The President may waive the provisions of
section 1003 of the Foreign Relations Authorization Act, Fiscal Years
1988 and 1989 (Public Law 100-204) if the President determines and
certifies in writing to the Speaker of the House of Representatives,
the President pro tempore of the Senate, and the appropriate
congressional committees that the Palestinians have not, after the date
of enactment of this Act--
(A) obtained in the United Nations or any specialized
agency thereof the same standing as member states or full
membership as a state outside an agreement negotiated between
Israel and the Palestinians; and
(B) initiated or actively supported an ICC investigation
against Israeli nationals for alleged crimes against
Palestinians.
(2) Not less than 90 days after the President is unable to make the
certification pursuant to paragraph (1) of this subsection, the
President may waive section 1003 of Public Law 100-204 if the President
determines and certifies in writing to the Speaker of the House of
Representatives, the President pro tempore of the Senate, and the
Committees on Appropriations that the Palestinians have entered into
direct and meaningful negotiations with Israel: Provided, That any
waiver of the provisions of section 1003 of Public Law 100-204 under
paragraph (1) of this subsection or under previous provisions of law
must expire before the waiver under the preceding sentence may be
exercised.
(3) Any waiver pursuant to this subsection shall be effective for
no more than a period of 6 months at a time and shall not apply beyond
12 months after the enactment of this Act.
(k) Palestinian Broadcasting Corporation.--None of the funds
appropriated or otherwise made available by this Act may be used to
provide equipment, technical support, consulting services, or any other
form of assistance to the Palestinian Broadcasting Corporation.
assistance for the west bank and gaza
Sec. 7040. (a) Oversight.--For fiscal year 2020, 30 days prior to
the initial obligation of funds for the bilateral West Bank and Gaza
Program, the Secretary of State shall certify to the Committees on
Appropriations that procedures have been established to assure the
Comptroller General of the United States will have access to
appropriate United States financial information in order to review the
uses of United States assistance for the Program funded under the
heading ``Economic Support Fund'' for the West Bank and Gaza.
(b) Vetting.--Prior to the obligation of funds appropriated by this
Act under the heading ``Economic Support Fund'' for assistance for the
West Bank and Gaza, the Secretary of State shall take all appropriate
steps to ensure that such assistance is not provided to or through any
individual, private or government entity, or educational institution
that the Secretary knows or has reason to believe advocates, plans,
sponsors, engages in, or has engaged in, terrorist activity nor, with
respect to private entities or educational institutions, those that
have as a principal officer of the entity's governing board or
governing board of trustees any individual that has been determined to
be involved in, or advocating terrorist activity or determined to be a
member of a designated foreign terrorist organization: Provided, That
the Secretary of State shall, as appropriate, establish procedures
specifying the steps to be taken in carrying out this subsection and
shall terminate assistance to any individual, entity, or educational
institution which the Secretary has determined to be involved in or
advocating terrorist activity.
(c) Prohibition.--
(1) Recognition of acts of terrorism.--None of the funds
appropriated under titles III through VI of this Act for
assistance under the West Bank and Gaza Program may be made
available for--
(A) the purpose of recognizing or otherwise
honoring individuals who commit, or have committed acts
of terrorism; and
(B) any educational institution located in the West
Bank or Gaza that is named after an individual who the
Secretary of State determines has committed an act of
terrorism.
(2) Security assistance and reporting requirement.--
Notwithstanding any other provision of law, none of the funds
made available by this or prior appropriations Acts, including
funds made available by transfer, may be made available for
obligation for security assistance for the West Bank and Gaza
until the Secretary of State reports to the Committees on
Appropriations on the benchmarks that have been established for
security assistance for the West Bank and Gaza and reports on
the extent of Palestinian compliance with such benchmarks.
(d) Reporting Requirements.--
(1) Economic assistance.--Prior to the initial obligation
of funds made available by this Act under the heading
``Economic Support Fund'' for assistance for the West Bank and
Gaza, the Secretary of State shall report to the Committees on
Appropriations that the purpose of such assistance is to--
(A) advance Middle East peace;
(B) improve security in the region;
(C) continue support for transparent and
accountable government institutions;
(D) promote a private sector economy; or
(E) address urgent humanitarian needs.
(2) Security assistance.--The reporting requirements in
section 1404 of the Supplemental Appropriations Act, 2008
(Public Law 110-252) shall apply to funds made available by
this Act, including a description of modifications, if any, to
the security strategy of the Palestinian Authority.
(e) Private Sector Partnership Programs.--Funds appropriated by
this Act and prior Acts making appropriations for the Department of
State, foreign operations, and related programs may be made available
for private sector partnership programs for the West Bank and Gaza if
such funds are authorized: Provided, That funds made available pursuant
to this subsection shall be subject to prior consultation with the
appropriate congressional committees, and the regular notification
procedures of the Committees on Appropriations.
(f) Oversight by the United States Agency for International
Development.--
(1) The Administrator of the United States Agency for
International Development shall ensure that Federal or non-
Federal audits of all contractors and grantees, and significant
subcontractors and sub-grantees, under the West Bank and Gaza
Program, are conducted at least on an annual basis to ensure,
among other things, compliance with this section.
(2) Of the funds appropriated by this Act, up to $1,000,000
may be used by the Office of Inspector General of the United
States Agency for International Development for audits,
investigations, and other activities in furtherance of the
requirements of this subsection: Provided, That such funds are
in addition to funds otherwise available for such purposes.
(g) Comptroller General of the United States Audit.--Subsequent to
the certification specified in subsection (a), the Comptroller General
of the United States shall conduct an audit and an investigation of the
treatment, handling, and uses of all funds for the bilateral West Bank
and Gaza Program, including all funds provided as cash transfer
assistance, in fiscal year 2020 under the heading ``Economic Support
Fund'', and such audit shall address--
(1) the extent to which such Program complies with the
requirements of subsections (b) and (c); and
(2) an examination of all programs, projects, and
activities carried out under such Program, including both
obligations and expenditures.
(h) Notification Procedures.--Funds made available in this Act for
West Bank and Gaza shall be subject to the regular notification
procedures of the Committees on Appropriations.
middle east and north africa
Sec. 7041. (a) Arab League Boycott of Israel.--It is the sense of
the Congress that--
(1) the Arab League boycott of Israel, and the secondary
boycott of American firms that have commercial ties with
Israel, is an impediment to peace in the region and to United
States investment and trade in the Middle East and North
Africa;
(2) the Arab League boycott, which was regrettably
reinstated in 1997, should be immediately and publicly
terminated, and the Central Office for the Boycott of Israel
immediately disbanded;
(3) all Arab League states should normalize relations with
their neighbor Israel;
(4) the President and the Secretary of State should
continue to vigorously oppose the Arab League boycott of Israel
and find concrete steps to demonstrate that opposition by, for
example, taking into consideration the participation of any
recipient country in the boycott when determining to sell
weapons to said country; and
(5) the President should report to Congress annually on
specific steps being taken by the United States to encourage
Arab League states to normalize their relations with Israel to
bring about the termination of the Arab League boycott of
Israel, including those to encourage allies and trading
partners of the United States to enact laws prohibiting
businesses from complying with the boycott and penalizing
businesses that do comply.
(b) Egypt.--
(1) Certification and report.--Funds appropriated by this
Act that are available for assistance for Egypt may be made
available notwithstanding any other provision of law
restricting assistance for Egypt, except for this subsection
and section 620M of the Foreign Assistance Act of 1961, and may
only be made available for assistance for the Government of
Egypt if the Secretary of State certifies and reports to the
Committees on Appropriations that such government is--
(A) sustaining the strategic relationship with the
United States; and
(B) meeting its obligations under the 1979 Egypt-
Israel Peace Treaty.
(2) Economic support fund.--
(A) Funding.--Of the funds appropriated by this Act
under the headings ``Development Assistance'' and
``Economic Support Fund'', up to $102,500,000 may be
made available for assistance for Egypt, of which not
less than $35,000,000 should be made available for
higher education programs including not less than
$15,000,000 for scholarships for Egyptian students with
high financial need to attend not-for-profit
institutions of higher education: Provided, That such
funds shall be made available for democracy programs,
and for development programs in the Sinai: Provided
further, That such funds may not be made available for
cash transfer assistance or budget support.
(B) Limitation.--None of the funds appropriated by
this Act and prior Acts making appropriations for the
Department of State, foreign operations, and related
programs under the heading ``Economic Support Fund''
may be made available for a contribution, voluntary or
otherwise, to the ``Civil Associations and Foundations
Support Fund'', or any similar fund, established
pursuant to Law 70 on Associations and Other
Foundations Working in the Field of Civil Work
published in the Official Gazette of Egypt on May 29,
2017.
(3) Foreign military financing program.--
(A) Certification.--Of the funds appropriated by
this Act under the heading ``Foreign Military Financing
Program'', up to $1,300,000,000, to remain available
until September 30, 2021, may be made available for
assistance for Egypt: Provided, That such funds may be
transferred to an interest bearing account in the
Federal Reserve Bank of New York, following
consultation with the Committees on Appropriations:
Provided further, That 20 percent of such funds shall
be withheld from obligation until the Secretary of
State certifies and reports to the Committees on
Appropriations that the Government of Egypt is taking,
on a sustained and effective basis, the steps
enumerated under this section in the report
accompanying this Act: Provided further, That the
certification requirement of this paragraph shall not
apply to funds appropriated by this Act under such
heading for counterterrorism, border security, and
nonproliferation programs for Egypt.
(B) Waiver.--(i) The Secretary of State may waive
the certification requirement in subparagraph (A) with
respect to 95 percent of the amount withheld from
obligation pursuant to such subparagraph if the
Secretary determines and reports to the Committees on
Appropriations that to do so is important to the
national security interest of the United States, and
includes in such report a detailed justification for
the use of such waiver and the reasons why any of the
certification requirements of subparagraph (A) cannot
be met: Provided, That the report required by this
paragraph shall be submitted in unclassified form, but
may be accompanied by a classified annex.
(ii) The remaining 5 percent may only be
made available for obligation if the Secretary
of State determines and reports to the
Committees on Appropriations that the
Government of Egypt has completed action to
provide fair and commensurate compensation to
American citizen April Corley for injuries
suffered by Egyptian armed forces on September
13, 2015: Provided, That none of the funds
withheld pursuant to subparagraph (A) shall be
transferred to the interest bearing account
referenced in subparagraph (A) until the
determination in the preceding sentence has
been provided to the Committees on
Appropriations.
(c) Iran.--
(1) Funding.--Funds appropriated by this Act under the
headings ``Diplomatic Programs'', ``Economic Support Fund'',
and ``Nonproliferation, Anti-terrorism, Demining and Related
Programs'' shall be used by the Secretary of State to support
the activities described under this section in the report
accompanying this Act.
(2) Reports.--
(A) Semi-annual report.--The Secretary of State
shall submit to the Committees on Appropriations the
semi-annual report required by section 135 of the
Atomic Energy Act of 1954 (42 U.S.C. 2160e(d)(4)), as
added by section 2 of the Iran Nuclear Agreement Review
Act of 2015 (Public Law 114-17).
(B) Sanctions report.--Not later than 180 days
after the date of enactment of this Act, the Secretary
of State, in consultation with the Secretary of the
Treasury, shall submit to the appropriate congressional
committees a report on--
(i) the status of United States bilateral
sanctions on Iran;
(ii) the reimposition and renewed
enforcement of secondary sanctions; and
(iii) the impact such sanctions have had on
Iran's destabilizing activities throughout the
Middle East.
(d) Iraq.--
(1) Purposes.--Funds appropriated under titles III and IV
of this Act shall be made available for assistance for Iraq for
economic, stabilization, and humanitarian programs described
under this section in the report accompanying this Act.
(2) Basing rights agreement.--None of the funds
appropriated or otherwise made available by this Act may be
used by the Government of the United States to enter into a
permanent basing rights agreement between the United States and
Iraq.
(e) Jordan.--Of the funds appropriated by this Act under titles III
and IV, not less than $1,525,000,000 shall be made available for
assistance for Jordan, of which not less than $745,100,000 of the funds
appropriated under the heading ``Economic Support Fund'' shall be for
budget support for the Government of Jordan and of which not less than
$425,000,000 shall be made available under the heading ``Foreign
Military Financing Program''.
(f) Lebanon.--Funds appropriated by this Act that are made
available for assistance for Lebanon--
(1) under the headings ``International Narcotics Control
and Law Enforcement'' and ``Foreign Military Financing
Program'' may be made available for the Lebanese Internal
Security Forces (ISF) and the Lebanese Armed Forces (LAF) to
address security and stability requirements in areas affected
by the conflict in Syria, following consultation with the
appropriate congressional committees;
(2) under the heading ``Foreign Military Financing
Program'' may be used only to professionalize the LAF and to
strengthen border security and combat terrorism, including
training and equipping the LAF to secure Lebanon's borders,
interdicting arms shipments, preventing the use of Lebanon as a
safe haven for terrorist groups, and to implement United
Nations Security Council Resolution 1701: Provided, That funds
may not be obligated for assistance for the LAF until the
Secretary of State submits to the Committees on Appropriations
a spend plan, including actions to be taken to ensure equipment
provided to the LAF is only used for the intended purposes,
except such plan may not be considered as meeting the
notification requirements under section 7015 of this Act or
under section 634A of the Foreign Assistance Act of 1961, and
shall include any funds specifically intended for lethal
military equipment: Provided further, That such spend plan
shall be submitted not later than September 1, 2020;
(3) shall not be made available for the ISF or the LAF if
these entities fall under control by a foreign terrorist
organization, as designated pursuant to section 219 of the
Immigration and Nationality Act (8 U.S.C. 1189); and
(4) under the heading ``Economic Support Fund'' may be made
available notwithstanding section 1224 of the Foreign Relations
Authorization Act, Fiscal Year 2003 (Public Law 107-228; 22
U.S.C. 2346 note).
(g) Libya.--
(1) Assistance.--Funds appropriated under titles III and IV
of this Act shall be made available for stabilization
assistance for Libya, including border security: Provided, That
the limitation on the uses of funds for certain infrastructure
projects in section 7041(f)(2) of the Department of State,
Foreign Operations, and Related Programs Appropriations Act,
2014 (division K of Public Law 113-76) shall apply to such
funds.
(2) Certification.--Prior to the initial obligation of
funds made available by this Act for assistance for Libya, the
Secretary of State shall certify and report to the Committees
on Appropriations that all practicable steps have been taken to
ensure that mechanisms are in place for monitoring, oversight,
and control of such funds.
(3) Cooperation on the september 2012 attack on united
states personnel and facilities.--None of the funds
appropriated by this Act may be made available for assistance
for the central Government of Libya unless the Secretary of
State certifies and reports to the Committees on Appropriations
that such government is cooperating with United States
Government efforts to investigate and bring to justice those
responsible for the attack on United States personnel and
facilities in Benghazi, Libya in September 2012: Provided, That
the limitation in this paragraph shall not apply to funds made
available for the purpose of protecting United States
Government personnel or facilities.
(h) Morocco.--
(1) Availability and consultation requirement.--Funds
appropriated under the headings ``Development Assistance'' and
``Economic Support Fund'' in this Act shall be made available
for assistance for the Western Sahara: Provided, That not later
than 90 days after enactment of this Act and prior to the
obligation of such funds, the Secretary of State, in
consultation with the USAID Administrator, shall consult with
the Committees on Appropriations on the proposed uses of such
funds.
(2) Foreign military financing program.--Funds appropriated
by this Act under the heading ``Foreign Military Financing
Program'' that are available for assistance for Morocco may
only be used for the purposes requested in the Congressional
Budget Justification, Foreign Operations, Fiscal Year 2017.
(i) Saudi Arabia.--None of the funds appropriated by this Act
should be used to support the sale of nuclear technology to Saudi
Arabia.
(j) Syria.--
(1) Non-lethal assistance.--Funds appropriated by this Act
under the headings ``Economic Support Fund'', ``International
Narcotics Control and Law Enforcement'', and ``Peacekeeping
Operations'' may be made available, notwithstanding any other
provision of law, for non-lethal stabilization assistance for
Syria, including for emergency medical and rescue response and
chemical weapons use investigations.
(2) Limitations.--Funds made available pursuant to
paragraph (1) of this subsection--
(A) may not be made available for a project or
activity that supports or otherwise legitimizes the
Government of Iran, the Government of the Russian
Federation, foreign terrorist organizations (as
designated pursuant to section 219 of the Immigration
and Nationality Act (8 U.S.C. 1189)), or a proxy of
Iran in Syria; and
(B) should not be used in areas of Syria controlled
by a government led by Bashar al-Assad or associated
forces.
(3) Monitoring and oversight.--Prior to the obligation of
any funds appropriated by this Act and made available for
assistance for Syria, the Secretary of State shall take all
practicable steps to ensure that mechanisms are in place for
monitoring, oversight, and control of such assistance inside
Syria.
(4) Consultation and notification.--Funds made available
pursuant to this subsection may only be made available
following consultation with the appropriate congressional
committees, and shall be subject to the regular notification
procedures of the Committees on Appropriations.
(k) Tunisia.--Of the funds appropriated under titles III and IV of
this Act, not less than $191,400,000 shall be made available for
assistance for Tunisia.
(l) Yemen.--Funds appropriated by this Act under the heading
``Economic Support Fund'' shall be made available for stabilization
assistance for Yemen.
africa
Sec. 7042. (a) African Great Lakes Region Assistance Restriction.--
Funds appropriated by this Act under the heading ``International
Military Education and Training'' for the central government of a
country in the African Great Lakes region may be made available only
for Expanded International Military Education and Training and
professional military education until the Secretary of State determines
and reports to the Committees on Appropriations that such government is
not facilitating or otherwise participating in destabilizing activities
in a neighboring country, including aiding and abetting armed groups.
(b) Central African Republic.--Of the funds appropriated by this
Act under the heading ``Economic Support Fund'', not less than
$3,000,000 shall be made available for a contribution to the Special
Criminal Court in Central African Republic.
(c) Malawi.--Of the funds appropriated by this Act under the
heading ``Development Assistance'', not less than $56,000,000 shall be
made available for assistance for Malawi, of which up to $10,000,000
shall be made available for higher education programs.
(d) South Sudan.--Funds appropriated by this Act that are made
available for assistance for the central Government of South Sudan may
only be made available, following consultation with the Committees on
Appropriations, for the purposes described under this section in the
report accompanying this Act: Provided, That prior to the initial
obligation of funds to support South Sudan peace negotiations or to
implement a peace agreement, the Secretary of State shall consult with
the Committees on Appropriations on the intended uses of such funds and
steps taken by such government to advance or implement a peace
agreement.
(e) Sudan.--
(1) Limitations.--
(A) Assistance.--Notwithstanding any other
provision of law, none of the funds appropriated by
this Act may be made available for assistance for the
Government of Sudan.
(B) Loans.--None of the funds appropriated by this
Act may be made available for the cost, as defined in
section 502 of the Congressional Budget Act of 1974, of
modifying loans and loan guarantees held by the
Government of Sudan, including the cost of selling,
reducing, or canceling amounts owed to the United
States, and modifying concessional loans, guarantees,
and credit agreements.
(2) Exclusions.--The limitations of paragraph (1) shall not
apply to funds made available for assistance described under
this section in the report accompanying this Act.
(f) Zimbabwe.--None of the funds appropriated by this Act shall be
made available for assistance for the central Government of Zimbabwe,
except for health and education, unless the Secretary of State
certifies and reports that the rule of law and freedom of expression,
association, and assembly are restored, except that funds may be made
available for macroeconomic growth assistance if the Secretary reports
to the Committees on Appropriations that such government is
implementing transparent fiscal policies, including public disclosure
of revenues from the extraction of natural resources.
east asia and the pacific
Sec. 7043. (a) Burma.--
(1) Bilateral economic assistance.--
(A) Authority.--Funds appropriated by this Act
under the headings ``Development Assistance'' and
``Economic Support Fund'' for assistance for Burma may
be made available notwithstanding any other provision
of law, except for this subsection, and following
consultation with the appropriate congressional
committees: Provided, That such funds may be made
available for ethnic groups and civil society in Burma
to help sustain ceasefire agreements and further
prospects for reconciliation and peace, which may
include support to representatives of ethnic armed
groups for this purpose.
(B) Limitations.--Funds appropriated by this Act
under titles III and IV to carry out the provisions of
part I of the Foreign Assistance Act of 1961 and made
available for assistance for Burma shall be subject to
the limitations enumerated under this section in the
report accompanying this Act.
(2) International security assistance.--None of the funds
appropriated by this Act under the headings ``International
Military Education and Training'' and ``Foreign Military
Financing Program'' may be made available for assistance for
Burma: Provided, That the Department of State may continue
consultations with the armed forces of Burma only on human
rights and disaster response in a manner consistent with the
prior fiscal year, and following consultation with the
appropriate congressional committees.
(b) Cambodia.--
(1) Limitation.--None of the funds appropriated by this Act
that are made available for assistance for the Government of
Cambodia may be obligated or expended unless the Secretary of
State certifies and reports to the Committees on Appropriations
that such Government is meeting the conditions described under
this section in the report accompanying this Act.
(2) Uses.--Funds appropriated by this Act under the heading
``Development Assistance'' and made available for assistance
for Cambodia shall be made available for the purposes described
under this section in the report accompanying this Act.
(c) Indo-Pacific Strategy.--Of the funds appropriated by this Act,
$160,000,000 shall be made available to support the implementation of
the Indo-Pacific Strategy.
(d) North Korea.--
(1) Limitation.--None of the funds appropriated by this Act
may be made available for assistance for the Government of
North Korea: Provided, That the Secretary of State may waive
the limitation in this paragraph, and the limitation on
assistance for North Korea contained in section 7007 of this
Act, if the Secretary determines and reports to the Committees
on Appropriations that to do so is important to the national
security interest of the United States, and submits in such
report a detailed justification.
(2) Human rights.--Funds appropriated by this Act under the
headings ``Democracy Fund'' and ``Economic Support Fund'' shall
be made available for the promotion of human rights in North
Korea: Provided, That the authority of section 7032(b) of this
Act shall apply to such funds.
(e) People's Republic of China.--
(1) Limitation on use of funds.--None of the funds
appropriated under the heading ``Diplomatic Programs'' in this
Act may be obligated or expended for processing licenses for
the export of satellites of United States origin (including
commercial satellites and satellite components) to the People's
Republic of China (PRC) unless, at least 15 days in advance,
the Committees on Appropriations are notified of such proposed
action.
(2) People's liberation army.--The terms and requirements
of section 620(h) of the Foreign Assistance Act of 1961 shall
apply to foreign assistance projects or activities of the
People's Liberation Army (PLA) of the PRC, to include such
projects or activities by any entity that is owned or
controlled by, or an affiliate of, the PLA: Provided, That none
of the funds appropriated or otherwise made available pursuant
to this Act may be used to finance any grant, contract, or
cooperative agreement with the PLA, or any entity that the
Secretary of State has reason to believe is owned or controlled
by, or an affiliate of, the PLA.
(f) Philippines.--None of the funds appropriated by this Act under
the heading ``International Narcotics Control and Law Enforcement'' may
be made available for counternarcotics assistance for the Philippines,
except for drug demand reduction, maritime law enforcement, or
transnational interdiction.
(g) Tibet.--
(1) Financing of projects in tibet.--The Secretary of the
Treasury should instruct the United States executive director
of each international financial institution to use the voice
and vote of the United States to support financing of projects
in Tibet if such projects do not provide incentives for the
migration and settlement of non-Tibetans into Tibet or
facilitate the transfer of ownership of Tibetan land and
natural resources to non-Tibetans, are based on a thorough
needs-assessment, foster self-sufficiency of the Tibetan people
and respect Tibetan culture and traditions, and are subject to
effective monitoring.
(2) Programs for tibetan communities.--Of the funds
appropriated under the heading ``Economic Support Fund'', not
less than:
(A) Tibet autonomous region.--$8,000,000 shall be
made available to nongovernmental organizations to
support activities which preserve cultural traditions
and promote sustainable development, education, and
environmental conservation in Tibetan communities in
the Tibet Autonomous Region and in other Tibetan
communities in China, notwithstanding any other
provision of law.
(B) India and nepal.--$6,000,000 shall be made
available for programs to promote and preserve Tibetan
culture, development, and the resilience of Tibetan
communities in India and Nepal, and to assist in the
education and development of the next generation of
Tibetan leaders from such communities: Provided, That
such funds are in addition to amounts made available in
subparagraph (A) for programs inside Tibet.
(C) Tibetan governance.--$3,000,000 shall be made
available for programs to strengthen the capacity of
Tibetan institutions and governance.
(h) Vietnam.--Notwithstanding any other provision of law, funds
appropriated by this Act under the heading ``Economic Support Fund''
shall be made available for remediation of dioxin contaminated sites in
Vietnam and may be made available for assistance for the Government of
Vietnam, including the military, for such purposes.
south and central asia
Sec. 7044. (a) Afghanistan.--
(1) Authorities.--
(A) Funds appropriated by this Act under titles III
through VI that are made available for assistance for
Afghanistan may be made available--
(i) notwithstanding section 7012 of this
Act or any similar provision of law and section
660 of the Foreign Assistance Act of 1961;
(ii) for reconciliation programs and
disarmament, demobilization, and reintegration
activities for former combatants who have
renounced violence against the Government of
Afghanistan, including in accordance with
section 7046(a)(2)(B)(ii) of the Department of
State, Foreign Operations, and Related Programs
Appropriations Act, 2012 (division I of Public
Law 112-74); and
(iii) for an endowment to empower women and
girls.
(B) Section 7046(a)(2)(A) of the Department of
State, Foreign Operations, and Related Programs
Appropriations Act, 2012 (division I of Public Law 112-
74) shall apply to funds appropriated by this Act for
assistance for Afghanistan.
(2) Basing rights agreement.--None of the funds made
available by this Act may be used by the United States
Government to enter into a permanent basing rights agreement
between the United States and Afghanistan.
(b) Pakistan.--
(1) Authority and uses of funds.--
(A) Funds appropriated by this Act for assistance
for Pakistan may be made available notwithstanding any
other provision of law, except for section 620M of the
Foreign Assistance Act of 1961.
(B) Funds appropriated by this Act for assistance
for Pakistan that are made available for infrastructure
projects shall be implemented in a manner consistent
with section 507(6) of the Trade Act of 1974 (19 U.S.C.
2467(6)).
(C) The authorities and directives of section
7044(d)(4) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act,
2015 (division J of Public Law 113-235) regarding
scholarships for women shall apply to funds
appropriated by this Act for assistance for Pakistan,
following consultation with the Committees on
Appropriations.
(D) Funds appropriated by this Act under the
headings ``Economic Support Fund'' and
``Nonproliferation, Anti-terrorism, Demining and
Related Programs'' that are made available for
assistance for Pakistan shall be made available to
interdict precursor materials from Pakistan to
Afghanistan that are used to manufacture improvised
explosive devices and for agriculture extension
programs that encourage alternative fertilizer use
among Pakistani farmers to decrease the dual use of
fertilizer in the manufacturing of improvised explosive
devices.
(2) Withholding.--Of the funds appropriated under titles
III and IV of this Act that are made available for assistance
for Pakistan, $33,000,000 (increased by $33,000,000) shall be
withheld from obligation until the Secretary of State reports
to the Committees on Appropriations that Dr. Shakil Afridi has
been released from prison and cleared of all charges relating
to the assistance provided to the United States in locating
Osama bin Laden.
(c) Sri Lanka.--
(1) Certification.--Funds appropriated by this Act for
assistance for the central Government of Sri Lanka, except for
funds made available for humanitarian assistance and victims of
trauma, may be made available only if the Secretary of State
certifies and reports to the Committees on Appropriations that
the Government of Sri Lanka is taking actions as described
under this section in the report accompanying this Act.
(2) International security assistance.--Funds appropriated
under title IV of this Act that are available for assistance
for Sri Lanka shall be subject to the following conditions--
(A) not to exceed $500,000 under the heading
``Foreign Military Financing Program'' may only be made
available for programs to support counterterrorism,
humanitarian and disaster response preparedness, and
maritime security, including professionalization and
training for the navy and coast guard; and
(B) funds under the heading ``Peacekeeping
Operations'' may only be made available for training
and equipment related to international peacekeeping
operations and improvements to peacekeeping-related
facilities, and only if the Government of Sri Lanka is
taking effective steps to bring to justice Sri Lankan
peacekeeping troops who have engaged in sexual
exploitation and abuse.
latin america and the caribbean
Sec. 7045. (a) Central America.--
(1) Assistance.--
(A) Fiscal year 2020.--Of the funds appropriated by this
Act under titles III and IV, not less than $540,850,000 shall
be made available for assistance for the countries of Central
America, including to implement the United States Strategy for
Engagement in Central America: Provided, That such assistance
shall be prioritized for programs and activities that addresses
the key factors that contribute to the migration of
unaccompanied, undocumented minors to the United States:
Provided further, That not less than $45,000,000 shall be for
support of Attorneys General and other activities to combat
corruption and impunity in such countries.
(B) Prior fiscal years.--
(i) Section 7045(a) of the Department of State,
Foreign Operations, and Related Programs Appropriations
Act, 2017 (division J of Public Law 115-31) is amended
by striking in paragraph (2), ``$655,000,000 should''
and inserting in lieu thereof, ``not less than
$655,000,000 shall''.
(ii) Section 7045(a) of the Department of State,
Foreign Operations, and Related Programs Appropriations
Act, 2018 (division K of Public Law 115-141) is amended
by striking in paragraph (1), ``up to $615,000,000
may'' and inserting in lieu thereof, ``not less than
$615,000,000 shall''.
(iii) Section 7045(a) of the Department of State,
Foreign Operations, and Related Programs Appropriations
Act, 2019 (division F of Public Law 116-6) is amended--
(I) by redesignating paragraphs (1), (2),
(3), and (4) as paragraphs (2), (3), (4), and
(5), respectively;
(II) by inserting before paragraph (2), as
redesignated, the following new paragraph:
``(1) Assistance.--Of the funds appropriated under titles
III and IV of this Act, not less than $527,600,000 shall be
made available for assistance for the countries of Central
America to implement the United States Strategy for Engagement
in Central America.'';
(III) in paragraph (3), as redesignated, by
striking ``paragraph (1)'' each place it
appears and inserting ``paragraph (2)''; and
(IV) in paragraph (4) as redesignated--
(aa) by striking ``subsection
(a)(1)'' and inserting ``paragraph
(2)''; and
(bb) by striking ``subsection
(a)(2)'' and inserting ``paragraph
(3)''.
(2) Northern Triangle.--
(A) Assistance to the central governments.--Of funds made
available pursuant to paragraph (1)(A) under title IV of this
Act that are made available for assistance for each of the
central governments of El Salvador, Guatemala, and Honduras, 50
percent may only be obligated after the Secretary of State
certifies and reports to the appropriate congressional
committees that such government is meeting the requirements
enumerated under this section in the report accompanying this
Act.
(B) Reprogramming.--If the Secretary is unable to make the
certification required by subparagraph (A) for one or more of
the governments, such assistance for such central government
shall be reprogrammed for assistance for other countries in
Latin America and the Caribbean, notwithstanding the minimum
funding requirements of this subsection and of section 7019 of
this Act: Provided, That any such reprogramming shall be
subject to the regular notification procedures of the
Committees on Appropriations.
(C) Exceptions.--The limitation of subparagraph (A) shall
not apply to funds appropriated by this Act that are made
available for--
(i) the International Commission against Impunity
in Guatemala, the Mission to Support the Fight Against
Corruption and Impunity in Honduras, assistance for
support of Attorneys General, and other activities to
combat corruption and impunity;
(ii) programs to combat gender-based violence;
(iii) humanitarian assistance; and
(iv) global food security programs.
(b) Colombia.--
(1) Assistance.--Of the funds appropriated by this Act
under titles III and IV, not less than $457,253,000 shall be
made available for assistance for Colombia: Provided, That such
funds shall be made available for the programs and activities
described under this section in the report accompanying this
Act.
(2) Withholding of funds.--
(A) Of the funds appropriated by this Act under the
heading ``Foreign Military Financing Program'' and made
available for assistance for Colombia, 20 percent may
be obligated only after the Secretary of State submits
to the Committees on Appropriation the certification
and report regarding such funds described under this
section in the report accompanying this Act.
(B) Of the funds appropriated by this Act under the
heading ``International Narcotics Control and Law
Enforcement'' and made available for assistance for
Colombia, 20 percent may be obligated only after the
Secretary of State certifies and reports to the
Committees on Appropriations that the Government of
Colombia has reduced overall illicit drug cultivation
and trafficking.
(3) Authority.--Aircraft supported by funds appropriated by
this Act and prior Acts making appropriations for the
Department of State, foreign operations, and related programs
and made available for assistance for Colombia may be used to
transport personnel and supplies involved in drug eradication
and interdiction, including security for such activities, and
to provide transport in support of alternative development
programs and investigations by civilian judicial authorities.
(c) Haiti.--
(1) Certification.--Funds appropriated by this Act under
the headings ``Economic Support Fund'' that are made available
for assistance for Haiti may not be made available for
assistance for the central Government of Haiti unless the
Secretary of State certifies and reports to the Committees on
Appropriations that such government is taking the steps
described under this section in the report accompanying this
Act.
(2) Haitian coast guard.--The Government of Haiti shall be
eligible to purchase defense articles and services under the
Arms Export Control Act (22 U.S.C. 2751 et seq.) for the Coast
Guard.
(d) The Caribbean.--Of the funds appropriated by this Act under
title IV, not less than $58,000,000 (increased by $2,000,000) shall be
made available for the Caribbean Basin Security Initiative.
(e) Venezuela.--Of the funds appropriated by this Act under the
heading ``Economic Support Fund'', not less than $17,500,000 (increased
by $3,000,000) shall be made available for programs to promote
democracy and the rule of law in Venezuela.
europe and eurasia
Sec. 7046. (a) Violations of Sovereignty.--None of the funds
appropriated by this Act may be made available for assistance for a
government of an Independent State of the former Soviet Union if such
government directs any action in violation of the territorial integrity
or national sovereignty of any other Independent State of the former
Soviet Union, such as those violations included in the Helsinki Final
Act: Provided, That except as otherwise provided in subsection (c)(1)
of this section, funds may be made available without regard to the
restriction in this subsection if the President determines that to do
so is in the national security interest of the United States: Provided
further, That prior to executing the authority contained in the
previous proviso, the Secretary of State shall consult with the
Committees on Appropriations on how such assistance supports the
national security interest of the United States.
(b) Section 907 of the Freedom Support Act.--Section 907 of the
FREEDOM Support Act (22 U.S.C. 5812 note) shall not apply to--
(1) activities to support democracy or assistance under
title V of the FREEDOM Support Act (22 U.S.C. 5851 et seq.) and
section 1424 of the Defense Against Weapons of Mass Destruction
Act of 1996 (50 U.S.C. 2333) or non-proliferation assistance;
(2) any assistance provided by the Trade and Development
Agency under section 661 of the Foreign Assistance Act of 1961
(22 U.S.C. 2421);
(3) any activity carried out by a member of the United
States and Foreign Commercial Service while acting within his
or her official capacity;
(4) any insurance, reinsurance, guarantee, or other
assistance provided by the United States International
Development Finance Corporation as authorized by the BUILD Act
of 2018 (division F of Public Law 115-254);
(5) any financing provided under the Export-Import Bank Act
of 1945 (Public Law 79-173); or
(6) humanitarian assistance.
(c) Countering Russian Influence and Aggression.--
(1) Limitation.--None of the funds appropriated by this Act
may be made available for assistance for the central Government
of the Russian Federation.
(2) Annexation of crimea.--
(A) None of the funds appropriated by this Act may
be made available for assistance for the central
government of a country that the Secretary of State
determines and reports to the Committees on
Appropriations has taken affirmative steps intended to
support or be supportive of the Russian Federation
annexation of Crimea or other territory in Ukraine:
Provided, That except as otherwise provided in
subsection (a), the Secretary may waive the restriction
on assistance required by this subparagraph if the
Secretary determines and reports to such Committees
that to do so is in the national interest of the United
States, and includes a justification for such interest.
(B) None of the funds appropriated by this Act may
be made available for--
(i) the implementation of any action or
policy that recognizes the sovereignty of the
Russian Federation over Crimea or other
territory in Ukraine;
(ii) the facilitation, financing, or
guarantee of United States Government
investments in Crimea or other territory in
Ukraine under the control of Russian-backed
separatists, if such activity includes the
participation of Russian Government officials,
or other Russian owned or controlled financial
entities; or
(iii) assistance for Crimea or other
territory in Ukraine under the control of
Russian-backed separatists, if such assistance
includes the participation of Russian
Government officials, or other Russian owned or
controlled financial entities.
(C) The Secretary of the Treasury shall instruct
the United States executive directors of each
international financial institution to vote against any
assistance by such institution (including any loan,
credit, or guarantee) for any program that violates the
sovereignty or territorial integrity of Ukraine.
(D) The requirements and limitations of this
subsection shall cease to be in effect if the Secretary
of State determines and reports to the Committees on
Appropriations that the Government of Ukraine has
reestablished sovereignty over Crimea and other
territory in Ukraine under the control of Russian-
backed separatists.
(3) Occupation of the Georgian Territories of Abkhazia and
Tskhinvali Region/South Ossetia.--
(A) None of the funds appropriated by this Act may be made
available for assistance for the central government of a
country that the Secretary of State determines and reports to
the Committees on Appropriations has recognized the
independence of, or has established diplomatic relations with,
the Russian occupied Georgian territories of Abkhazia and
Tskhinvali Region/South Ossetia: Provided, That the Secretary
shall publish on the Department of State website a list of any
such central governments in a timely manner: Provided further,
That the Secretary may waive the restriction on assistance
required by this subparagraph if the Secretary determines and
reports to the Committees on Appropriations that to do so is in
the national interest of the United States, and includes a
justification for such interest.
(B) None of the funds appropriated by this Act may be made
available to support the Russian occupation of the Georgian
territories of Abkhazia and Tskhinvali Region/South Ossetia.
(C) The Secretary of the Treasury shall instruct the United
States executive directors of each international financial
institution to vote against any assistance by such institution
(including any loan, credit, or guarantee) for any program that
violates the sovereignty and territorial integrity of Georgia.
(4) Countering Russian Influence Fund.--
(A) Of the funds appropriated by this Act under titles III
and IV, not less than $280,000,000 shall be made available to
carry out the purposes of the Countering Russian Influence
Fund, as authorized by section 254 of the Countering Russian
Influence in Europe and Eurasia Act of 2017 (Public Law 115-44;
22 U.S.C. 9543) and notwithstanding the country limitation in
subsection (b) of such section, and programs to enhance the
capacity of law enforcement and security forces in countries in
Europe and Eurasia and strengthen security cooperation between
such countries and the United States and the North Atlantic
Treaty Organization, as appropriate.
(B) Funds appropriated by this Act and made available for
assistance for the Eastern Partnership countries shall be made
available to advance the implementation of Association
Agreements and trade agreements with the European Union, and to
reduce their vulnerability to external economic and political
pressure from the Russian Federation.
(5) Democracy Programs.--Funds appropriated by this Act shall be
made available to support democracy programs, as defined in section
7032(c) of this Act, in the Russian Federation, countries along the
Russian periphery, and other countries in Europe and Eurasia targeted
by, or potentially vulnerable to, the malign influence campaigns of the
Russian Federation: Provided, That not later than 90 days after the
enactment of this Act, the Secretary of State, in consultation with the
Administrator of the United States Agency for International
Development, shall submit to the Committees on Appropriations a multi-
year strategy for such programs in the manner described under this
section in the report accompanying this Act.
(d) Turkey.--None of the funds appropriated or otherwise made
available by this Act and prior Acts making appropriations for the
Department of State, foreign operations, and related programs, may be
made available to transfer or deliver, or to facilitate the transfer or
delivery of, F-35 aircraft to Turkey, including any defense articles or
services related to such aircraft, until the Secretary of State
certifies to the appropriate congressional committees that the
Government of Turkey is not purchasing the S-400 missile defense system
from Russia and will not accept the delivery of such system.
stabilization and development in regions impacted by extremism and
conflict
Sec. 7047. (a) Countering Foreign Fighters and Extremist
Organizations.--Funds appropriated under titles III and IV of this Act
shall be made available for programs and activities to counter and
defeat violent extremism and foreign fighters abroad.
(b) Relief and Recovery Fund.--
(1) Funds and transfer authority.--Of the funds
appropriated by this Act under the headings ``Economic Support
Fund'', ``International Narcotics Control and Law
Enforcement'', ``Nonproliferation, Anti-terrorism, Demining and
Related Programs'', ``Peacekeeping Operations'', and ``Foreign
Military Financing Program'', not less than $195,000,000 shall
be made available for the Relief and Recovery Fund for
assistance for areas liberated or at risk from, or under the
control of, the Islamic State of Iraq and Syria, other
terrorist organizations, or violent extremist organizations,
including for stabilization assistance for vulnerable ethnic
and religious minority communities affected by conflict:
Provided, That such funds are in addition to amounts otherwise
made available for such purposes and to amounts specifically
designated in this Act or in the report accompanying this Act
for assistance for countries: Provided further, That such funds
appropriated under such headings may be transferred to, and
merged with, funds appropriated under such headings: Provided
further, That such transfer authority is in addition to any
other transfer authority provided by this Act or any other Act,
and is subject to the regular notification procedures of the
Committees on Appropriations.
(2) Transitional justice.--Of the funds appropriated by
this Act under the heading ``International Narcotics Control
and Law Enforcement'' that are made available for the Relief
and Recovery Fund, not less than $5,000,000 shall be made
available for programs to promote accountability in Iraq and
Syria for genocide, crimes against humanity, and war crimes,
which shall be in addition to any other funds made available by
this Act for such purposes: Provided, That such programs shall
include components to develop local investigative and judicial
skills, and to collect and preserve evidence and maintain the
chain of custody of evidence, including for use in
prosecutions: Provided further, That such funds shall be
administered by the Special Coordinator for the Office of
Global Criminal Justice, Department of State: Provided further,
That funds made available by this paragraph shall only be made
available on an open and competitive basis.
(d) Fragile States and Extremism.--Funds appropriated by this Act
shall be made available for the purposes of section 7080 of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2017 (division J of Public Law 115-31), subject to
the regular notification procedures of the Committees on
Appropriations.
united nations
Sec. 7048. (a) Transparency and Accountability.--
(1) Restrictions.--Of the funds appropriated under title I
and under the heading ``International Organizations and
Programs'' in title V of this Act that are available for
contributions to the United Nations (including the Department
of Peacekeeping Operations), any United Nations agency, or the
Organization of American States, 15 percent may not be
obligated for such organization, department, or agency until
the Secretary of State determines and reports to the Committees
on Appropriations that the organization, department, or agency
is meeting the transparency and accountability requirements
detailed in the report accompanying this Act.
(2) Waiver.--The restrictions imposed by or pursuant to
paragraph (1) may be waived on a case-by-case basis if the
Secretary of State determines and reports to the Committees on
Appropriations that such waiver is necessary to avert or
respond to a humanitarian crisis.
(b) Restrictions on United Nations Delegations and Organizations.--
(1) Limitation.--None of the funds made available by this
Act may be used to pay expenses for any United States
delegation to any specialized agency, body, or commission of
the United Nations or may be made available as a contribution
to any organization, agency, commission, or program within the
United Nations system if such agency, body, commission,
program, or organization is chaired or presided over by a
country, the government of which the Secretary of State has
determined for purposes of section 620A of the Foreign
Assistance Act of 1961, section 40 of the Arms Export Control
Act, section 6(j)(1) of the Export Administration Act of 1979
as continued in effect pursuant to the International Emergency
Economic Powers Act (50 U.S.C. App. 24 2405(j)(1)), or any
other provision of law is a government that has repeatedly
provided support for acts of international terrorism.
(2) Waiver.--The Secretary of State may waive the
restriction in this subsection if the Secretary determines and
reports to the Committees on Appropriations that to do so is
important to the national interest of the United States,
including a description of the national interest served.
(c) United Nations Human Rights Council.--Funds appropriated by
this Act shall be made available in support of the United Nations Human
Rights Council unless the Secretary of State determines and reports to
the Committees on Appropriations that participation in the Council does
not serve the national interest of the United States and that the
Council is not taking significant steps to remove Israel as a permanent
agenda item nor taking actions to ensure integrity in the election of
members to such Council: Provided, That such report shall include a
description of how the national interest is better served by our
withdrawal from the Council: Provided further, That the Secretary of
State shall report to the Committees on Appropriations not later than
September 30, 2020, on the resolutions considered in the United Nations
Human Rights Council during the previous 12 months, and on steps taken
to remove Israel as a permanent agenda item and ensure integrity in the
election of members to such Council.
(d) United Nations Relief and Works Agency.--Funds appropriated by
this Act under title III shall be made available to the United Nations
Relief and Works Agency (UNRWA), unless the Secretary of State
determines and reports to the Committees on Appropriations that UNRWA--
(1) inappropriately utilizes Operations Support Officers in
the West Bank, Gaza, and other fields of operation to inspect
UNRWA installations;
(2) is not promptly acting to address any staff or
beneficiary violation of its own policies (including the
policies on neutrality and impartiality of employees) and the
legal requirements under section 301(c) of the Foreign
Assistance Act of 1961;
(3) is not implementing procedures to maintain the
neutrality of its facilities, including implementing a no-
weapons policy, and conducting regular inspections of its
installations, to ensure they are only used for humanitarian or
other appropriate purposes;
(4) is not taking necessary and appropriate measures to
ensure it is operating in compliance with the conditions of
section 301(c) of the Foreign Assistance Act of 1961 and
continuing regular reporting to the Department of State on
actions it has taken to ensure conformance with such
conditions;
(5) is not taking steps to ensure the content of all
educational materials currently taught in UNRWA-administered
schools and summer camps is consistent with the values of human
rights, dignity, and tolerance and does not induce incitement;
(6) is engaging in operations with financial institutions
or related entities in violation of relevant United States law,
and is not taking steps to improve the financial transparency
of the organization; and
(7) is not in compliance with the United Nations Board of
Auditors' biennial audit requirements and is not implementing
in a timely fashion the Board's recommendations.
(e) Report.--Not later than 45 days after enactment of this Act,
the Secretary of State shall submit a report to the Committees on
Appropriations detailing the amount of funds available for obligation
or expenditure in fiscal year 2020 for contributions to any
organization, department, agency, or program within the United Nations
system or any international program that are withheld from obligation
or expenditure due to any provision of law: Provided, That the
Secretary shall update such report each time additional funds are
withheld by operation of any provision of law: Provided further, That
the reprogramming of any withheld funds identified in such report,
including updates thereof, shall be subject to prior consultation with,
and the regular notification procedures of, the Committees on
Appropriations.
(f) Sexual Exploitation and Abuse in Peacekeeping Operations.--The
Secretary of State should withhold assistance to any unit of the
security forces of a foreign country if the Secretary has credible
information that such unit has engaged in sexual exploitation or abuse,
including while serving in a United Nations peacekeeping operation,
until the Secretary determines that the government of such country is
taking effective steps to hold the responsible members of such unit
accountable and to prevent future incidents: Provided, That the
Secretary shall promptly notify the government of each country subject
to any withholding of assistance pursuant to this subsection, and shall
notify the appropriate congressional committees of such withholding not
later than 10 days after a determination to withhold such assistance is
made: Provided further, That the Secretary shall, to the maximum extent
practicable, assist such government in bringing the responsible members
of such unit to justice.
(g) Additional Availability.--Subject to the regular notification
procedures of the Committees on Appropriations, funds appropriated by
this Act which are returned or not made available due to the
implementation of subsection (a), the second proviso under the heading
``Contributions for International Peacekeeping Activities'' in title I
of this Act, or section 307(a) of the Foreign Assistance Act of 1961
(22 U.S.C. 2227(a)), shall remain available for obligation until
September 30, 2021: Provided, That the requirement to withhold funds
for programs in Burma under section 307(a) of the Foreign Assistance
Act of 1961 shall not apply to funds appropriated by this Act.
(h) Prior Year Peacekeeping Assessments.--Section 404(b)(2)(B) of
the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995,
(22 U.S.C. 287e note) is amended at the end by adding the following:
``(vii) For assessments made during
calendar year 2016, 28.5738 percent.
``(viii) For assessments made during
calendar year 2017, 28.4691 percent.
``(ix) For assessments made during calendar
year 2018, 28.4344 percent.''.
inspectors general
Sec. 7049. (a) Prohibition on Use of Funds.--None of the funds
appropriated by this Act may be used to deny an Inspector General
funded under this Act timely access to any records, documents, or other
materials available to the department or agency of the United States
Government over which such Inspector General has responsibilities under
the Inspector General Act of 1978 (5 U.S.C. App.), or to prevent or
impede the access of such Inspector General to such records, documents,
or other materials, under any provision of law, except a provision of
law that expressly refers to such Inspector General and expressly
limits the right of access of such Inspector General.
(b) Report.--Each Inspector General covered by this section shall
report to the Committees on Appropriations within 5 calendar days of
any failure by any department or agency of the United States Government
to provide its Inspector General access to all requested records,
documents, and other materials.
global internet freedom
Sec. 7050. (a) Funding.--Of the funds available for obligation
during fiscal year 2020 under the headings ``International Broadcasting
Operations'', ``Economic Support Fund'', ``Democracy Fund'', and
``Assistance for Europe, Eurasia and Central Asia'', not less than
$60,500,000 shall be made available for programs to promote Internet
freedom globally.
(b) Coordination and Spend Plans.--After consultation among the
relevant agency heads to coordinate and de-conflict planned activities,
but not later than 90 days after enactment of this Act, the Secretary
of State and the Chief Executive Officer of the United States Agency
for Global Media shall submit to the Committees on Appropriations spend
plans for funds made available by this Act for programs to promote
Internet freedom globally, which shall include a description of
safeguards established by relevant agencies to ensure that such
programs are not used for illicit purposes.
(c) Security Audits.--Funds made available pursuant to this section
to promote Internet freedom globally may only be made available to
support technologies that undergo comprehensive security audits
conducted by the Bureau of Democracy, Human Rights, and Labor,
Department of State to ensure that such technology is secure and has
not been compromised in a manner detrimental to the interest of the
United States or to individuals and organizations benefiting from
programs supported by such funds.
torture and other cruel, inhuman, or degrading treatment or punishment
Sec. 7051. (a) Limitation.--None of the funds made available by
this Act may be used to support or justify the use of torture and other
cruel, inhuman, or degrading treatment or punishment by any official or
contract employee of the United States Government.
(b) Assistance.--Funds appropriated under titles III and IV of this
Act shall be made available, notwithstanding section 660 of the Foreign
Assistance Act of 1961 and following consultation with the Committees
on Appropriations, for assistance to eliminate torture and other cruel,
inhuman, or degrading treatment or punishment by foreign police,
military or other security forces in countries receiving assistance
from funds appropriated by this Act.
aircraft transfer, coordination, and use
Sec. 7052. (a) Transfer Authority.--Notwithstanding any other
provision of law or regulation, aircraft procured with funds
appropriated by this Act and prior Acts making appropriations for the
Department of State, foreign operations, and related programs under the
headings ``Diplomatic Programs'', ``International Narcotics Control and
Law Enforcement'', ``Andean Counterdrug Initiative'', and ``Andean
Counterdrug Programs'' may be used for any other program and in any
region.
(b) Property Disposal.--The authority provided in subsection (a)
shall apply only after the Secretary of State determines and reports to
the Committees on Appropriations that the equipment is no longer
required to meet programmatic purposes in the designated country or
region: Provided, That any such transfer shall be subject to prior
consultation with, and the regular notification procedures of, the
Committees on Appropriations.
(c) Aircraft Coordination.--
(1) Authority.--The uses of aircraft purchased or leased by
the Department of State and the United States Agency for
International Development with funds made available in this Act
or prior Acts making appropriations for the Department of
State, foreign operations, and related programs shall be
coordinated under the authority of the appropriate Chief of
Mission: Provided, That notwithstanding section 7006(b) of this
Act, such aircraft may be used to transport, on a reimbursable
or non-reimbursable basis, Federal and non-Federal personnel
supporting Department of State and USAID programs and
activities: Provided further, That official travel for other
agencies for other purposes may be supported on a reimbursable
basis, or without reimbursement when traveling on a space
available basis: Provided further, That funds received by the
Department of State in connection with the use of aircraft
owned, leased, or chartered by the Department of State may be
credited to the Working Capital Fund of the Department and
shall be available for expenses related to the purchase, lease,
maintenance, chartering, or operation of such aircraft.
(2) Scope.--The requirement and authorities of this
subsection shall only apply to aircraft, the primary purpose of
which is the transportation of personnel.
(d) Aircraft Operations and Maintenance.--To the maximum extent
practicable, the costs of operations and maintenance, including fuel,
of aircraft funded by this Act shall be borne by the recipient country.
parking fines and real property taxes owed by foreign governments
Sec. 7053. The terms and conditions of section 7055 of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2010 (division F of Public Law 111-117) shall apply
to this Act: Provided, That the date ``September 30, 2009'' in
subsection (f)(2)(B) of such section shall be deemed to be ``September
30, 2019''.
international monetary fund
Sec. 7054. The terms and conditions of sections 7086(b) (1) and
(2) and 7090(a) of the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2010 (division F of Public Law
111-117) shall apply to this Act.
extradition
Sec. 7055. (a) Limitation.--None of the funds appropriated in this
Act may be used to provide assistance (other than funds provided under
the headings ``International Disaster Assistance'', ``Complex Crises
Fund'', ``International Narcotics Control and Law Enforcement'',
``Migration and Refugee Assistance'', ``United States Emergency Refugee
and Migration Assistance Fund'', and ``Nonproliferation, Anti-
terrorism, Demining and Related Assistance'') for the central
government of a country which has notified the Department of State of
its refusal to extradite to the United States any individual indicted
for a criminal offense for which the maximum penalty is life
imprisonment without the possibility of parole or for killing a law
enforcement officer, as specified in a United States extradition
request.
(b) Clarification.--Subsection (a) shall only apply to the central
government of a country with which the United States maintains
diplomatic relations and with which the United States has an
extradition treaty and the government of that country is in violation
of the terms and conditions of the treaty.
(c) Waiver.--The Secretary of State may waive the restriction in
subsection (a) on a case-by-case basis if the Secretary certifies to
the Committees on Appropriations that such waiver is important to the
national interest of the United States.
impact on jobs in the united states
Sec. 7056. None of the funds appropriated or otherwise made
available under titles III through VI of this Act may be obligated or
expended to provide--
(1) any financial incentive to a business enterprise
currently located in the United States for the purpose of
inducing such an enterprise to relocate outside the United
States if such incentive or inducement is likely to reduce the
number of employees of such business enterprise in the United
States because United States production is being replaced by
such enterprise outside the United States;
(2) assistance for any program, project, or activity that
contributes to the violation of internationally recognized
workers' rights, as defined in section 507(4) of the Trade Act
of 1974, of workers in the recipient country, including any
designated zone or area in that country: Provided, That the
application of section 507(4)(D) and (E) of such Act should be
commensurate with the level of development of the recipient
country and sector, and shall not preclude assistance for the
informal sector in such country, micro and small-scale
enterprise, and smallholder agriculture; or
(3) any assistance to an entity outside the United States
if such assistance is for the purpose of directly relocating or
transferring jobs from the United States to other countries and
adversely impacts the labor force in the United States.
united nations population fund
Sec. 7057. (a) Contribution.--Of the funds made available under the
heading ``International Organizations and Programs'' in this Act for
fiscal year 2020, $55,500,000 shall be made available for the United
Nations Population Fund (UNFPA).
(b) Availability of Funds.--Funds appropriated by this Act for
UNFPA, that are not made available for UNFPA because of the operation
of any provision of law, shall be transferred to the ``Global Health
Programs'' account and shall be made available for family planning,
maternal, and reproductive health activities, subject to the regular
notification procedures of the Committees on Appropriations.
(c) Prohibition on Use of Funds in China.--None of the funds made
available by this Act may be used by UNFPA for a country program in the
People's Republic of China.
(d) Conditions on Availability of Funds.--Funds made available by
this Act for UNFPA may not be made available unless--
(1) UNFPA maintains funds made available by this Act in an
account separate from other accounts of UNFPA and does not
commingle such funds with other sums; and
(2) UNFPA does not fund abortions.
(e) Report to Congress and Dollar-for-Dollar Withholding of
Funds.--
(1) Not later than 4 months after the date of enactment of
this Act, the Secretary of State shall submit a report to the
Committees on Appropriations indicating the amount of funds
that UNFPA is budgeting for the year in which the report is
submitted for a country program in the People's Republic of
China.
(2) If a report under paragraph (1) indicates that UNFPA
plans to spend funds for a country program in the People's
Republic of China in the year covered by the report, then the
amount of such funds UNFPA plans to spend in the People's
Republic of China shall be deducted from the funds made
available to UNFPA after March 1 for obligation for the
remainder of the fiscal year in which the report is submitted.
global health activities
Sec. 7058. (a) In General.--Funds appropriated by titles III and IV
of this Act that are made available for global health programs,
including activities relating to research on, and the prevention,
treatment and control of, HIV/AIDS, may be made available
notwithstanding any other provision of law except for provisions under
the heading ``Global Health Programs'' and the United States Leadership
Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (117 Stat. 711;
22 U.S.C. 7601 et seq.), as amended: Provided, That of the funds
appropriated under the heading ``Global Health Programs'' in this Act,
not less than $750,000,000 shall be made available for family planning/
reproductive health, including in areas where population growth
threatens biodiversity or endangered species: Provided further, That
none of the funds made available by this Act or prior Acts making
appropriations for the Department of State, foreign operations, and
related programs shall be made available to implement the Presidential
Memorandum on Mexico City Policy dated January 23, 2017: Provided
further, That none of the funds made available by this Act may be used
in contravention of the conditions of section 7018 of this Act and
section 104(f)(1) of the Foreign Assistance Act of 1961.
(b) Contagious Infectious Disease Outbreaks.--
(1) Extraordinary measures.--If the Secretary of State
determines and reports to the Committees on Appropriations that
an international infectious disease outbreak is sustained,
severe, and is spreading internationally, or that it is in the
national interest to respond to a Public Health Emergency of
International Concern, funds appropriated by this Act under the
headings ``Global Health Programs'', ``Development
Assistance'', ``International Disaster Assistance'', ``Complex
Crises Fund'', ``Economic Support Fund'', ``Democracy Fund'',
``Assistance for Europe, Eurasia and Central Asia'',
``Migration and Refugee Assistance'', and ``Millennium
Challenge Corporation'' may be made available to combat such
infectious disease or public health emergency, and may be
transferred to, and merged with, funds appropriated under such
headings for the purposes of this paragraph.
(2) Emergency reserve fund.--Up to $10,000,000 of the funds
made available under the heading ``Global Health Programs'' may
be made available for the Emergency Reserve Fund established
pursuant to section 7058(c)(1) of the Department of State,
Foreign Operations, and Related Programs Appropriations Act,
2017 (division J of Public Law 115-31): Provided, That such
funds shall be made available under the same terms and
conditions of such section.
(3) Consultation and notification.--Funds made available by
this subsection shall be subject to prior consultation with the
appropriate congressional committees, and the regular
notification procedures of the Committees on Appropriations.
gender equality
Sec. 7059. (a) Gender Equality.--Funds appropriated by this Act
shall be made available to promote gender equality in United States
Government diplomatic and development efforts by raising the status,
increasing the participation, and protecting the rights of women and
girls worldwide.
(b) Women's Leadership.--Of the funds appropriated by title III of
this Act, not less than $50,000,000 shall be made available for
programs specifically designed to increase leadership opportunities for
women in countries where women and girls suffer discrimination due to
law, policy, or practice, by strengthening protections for women's
political status, expanding women's participation in political parties
and elections, and increasing women's opportunities for leadership
positions in the public and private sectors at the local, provincial,
and national levels.
(c) Gender-Based Violence.--Of the funds appropriated under titles
III and IV of this Act, not less than $165,000,000 shall be made
available to implement a multi-year strategy to prevent and respond to
gender-based violence in countries where it is common in conflict and
non-conflict settings.
(d) Women and Girls at Risk From Extremism.--Of the funds
appropriated by this Act under the heading ``Development Assistance'',
not less than $15,000,000 shall be made available to support women and
girls who are at risk from extremism and conflict, and for the
activities described in section 7059(e)(1) of the Department of State,
Foreign Operations, and Related Programs Appropriations Act, 2018
(division K of Public Law 115-141): Provided, That such funds are in
addition to amounts otherwise made available by this Act for such
purposes, and shall be made available following consultation with, and
the regular notification procedures of, the Committees on
Appropriations.
sector allocations
Sec. 7060. (a) Basic Education and Higher Education.--
(1) Basic education.--
(A) Of the funds appropriated under title III of
this Act, not less than $925,000,000 shall be made
available for assistance for basic education, and such
funds may be made available notwithstanding any other
provision of law that restricts assistance to foreign
countries: Provided, That funds made available under
the headings ``Development Assistance'' and ``Economic
Support Fund'' for the support of non-state schools in
this Act and prior Acts shall be subject to the regular
notification procedures of the Committees on
Appropriations.
(B) Of the funds appropriated under title III of
this Act for assistance for basic education programs,
not less than $125,000,000 shall be made available for
contributions to multilateral partnerships that support
education.
(2) Higher education.--Of the funds appropriated by title
III of this Act, not less than $235,000,000 shall be made
available for assistance for higher education: Provided, That
such funds may be made available notwithstanding any other
provision of law that restricts assistance to foreign
countries, and shall be subject to the regular notification
procedures of the Committees on Appropriations.
(b) Environment Programs.--
(1) Authority, notification, and limitation.--
(A) Funds appropriated by this Act to carry out the
provisions of sections 103 through 106, and chapter 4
of part II, of the Foreign Assistance Act of 1961 may
be used, notwithstanding any other provision of law,
except for the provisions of this subsection, to
support environment programs.
(B) Funds made available pursuant to this
subsection shall be subject to the regular notification
procedures of the Committees on Appropriations.
(C) Funds in this Act and prior Acts may be made
available for a contribution, grant, or any other
payment for the Paris Agreement: Provided, That any
such use of funds shall be subject to prior
consultation with, and the regular notification
procedures of, the Committees on Appropriations.
(D) None of the funds appropriated or otherwise
made available by this Act, or prior Acts making
appropriations for the Department of State, foreign
operations, and related programs, may be used to
provide formal notification under Article 28 of the
Paris Agreement of the withdrawal of the United States
from such Agreement.
(2) Conservation programs.--
(A) Of the funds appropriated under title III of
this Act, not less than $295,000,000 shall be made
available for biodiversity conservation programs.
(B) Not less than $100,664,000 (increased by
$1,000,000) (reduced by $1,000,000) of the funds
appropriated under titles III and IV of this Act shall
be made available to combat the transnational threat of
wildlife poaching and trafficking.
(3) Sustainable landscapes.--Of the funds appropriated
under title III of this Act, not less than $135,000,000 shall
be made available for sustainable landscapes programs.
(4) Adaptation.--Of the funds appropriated under title III
of this Act, not less than $177,000,000 shall be made available
for adaptation programs.
(5) Renewable energy.--Of the funds appropriated under
title III of this Act, not less than $179,000,000 shall be made
available for renewable energy programs.
(c) Food Security and Agricultural Development.--Of the funds
appropriated by title III of this Act, not less than $1,005,600,000
shall be made available for food security and agricultural development
programs to carry out the purposes of the Global Food Security Act of
2016 (Public Law 114-195): Provided, That funds may be made available
for a contribution as authorized by section 3202 of the Food,
Conservation, and Energy Act of 2008 (Public Law 110-246), as amended
by section 3310 of the Agriculture Improvement Act of 2018 (Public Law
115-334).
(d) Micro, Small, and Medium-Sized Enterprises.--Of the funds
appropriated by this Act, not less than $265,000,000 shall be made
available to support the development of, and access to financing for,
micro, small, and medium-sized enterprises that benefit the poor,
especially women.
(e) Programs To Combat Trafficking in Persons.--Of the funds
appropriated by this Act under the headings ``Development Assistance'',
``Economic Support Fund'', ``Assistance for Europe, Eurasia and Central
Asia'', and ``International Narcotics Control and Law Enforcement'',
not less than $67,000,000 shall be made available for activities to
combat trafficking in persons internationally.
(f) Reconciliation Programs.--Funds appropriated by this Act under
the heading ``Development Assistance'' shall be made available to
support people-to-people reconciliation programs which bring together
individuals of different ethnic, religious, and political backgrounds
from areas of civil strife and war: Provided, That the USAID
Administrator shall consult with the Committees on Appropriations,
prior to the initial obligation of funds, on the uses of such funds,
and such funds shall be subject to the regular notification procedures
of the Committees on Appropriations.
(g) Water and Sanitation.--Of the funds appropriated by this Act,
not less than $435,000,000 shall be made available for water supply and
sanitation projects pursuant to section 136 of the Foreign Assistance
Act of 1961, of which not less than $195,000,000 shall be for programs
in sub-Saharan Africa, and of which not less than $15,000,000 shall be
made available to support initiatives by local communities in
developing countries to build and maintain safe latrines.
budget documents
Sec. 7061. (a) Operating Plans.--Not later than 45 days after the
date of enactment of this Act, each department, agency, or organization
funded in titles I, II, and VI of this Act, and the Department of the
Treasury and Independent Agencies funded in title III of this Act,
including the Inter-American Foundation and the United States African
Development Foundation, shall submit to the Committees on
Appropriations an operating plan for funds appropriated to such
department, agency, or organization in such titles of this Act, or
funds otherwise available for obligation in fiscal year 2020, that
provides details of the uses of such funds at the program, project, and
activity level: Provided, That operating plans that include changes in
levels of funding for programs, projects, and activities specified in
the congressional budget justification, in this Act, or amounts
specifically designated in the respective tables included in the report
accompanying this Act, as applicable, shall be subject to the
notification and reprogramming requirements of section 7015 of this
Act.
(b) Spend Plans.--
(1) Not later than 60 days after enactment of this Act, the
Secretary of State or Administrator of the United States Agency
for International Development, as appropriate, shall submit to
the Committees on Appropriations a spend plan for funds made
available by this Act, for--
(A) assistance for Afghanistan, Iraq, Lebanon,
Pakistan, Colombia, and countries in Central America;
(B) assistance made available pursuant to section
7046(c) of this Act to counter Russian influence and
aggression, except that such plan shall be on a
country-by-country basis;
(C) assistance made available pursuant to section
7059 of this Act;
(D) the Indo-Pacific Strategy;
(E) democracy programs, Power Africa, programs to
support section 7047(a) of this Act, and sectors
enumerated in subsections (a), (b), (c), (d), (e), and
(g) of section 7060 of this Act; and
(F) funds provided under the heading
``International Narcotics Control and Law Enforcement''
for International Organized Crime and for Cybercrime
and Intellectual Property Rights: Provided, That the
spend plans shall include bilateral and global programs
funded under such heading along with a brief
description of the activities planned for each country.
(2) Not later than 45 days after enactment of this Act, the
Secretary of the Treasury shall submit to the Committees on
Appropriations a detailed spend plan for funds made available
by this Act under the heading ``Department of the Treasury,
International Affairs Technical Assistance'' in title III.
(c) Clarification.--The spend plans referenced in subsection (b)
shall not be considered as meeting the notification requirements in
this Act or under section 634A of the Foreign Assistance Act of 1961.
(d) Congressional Budget Justification.--
(1) The congressional budget justification for Department
of State operations and foreign operations shall be provided to
the Committees on Appropriations concurrent with the date of
submission of the President's budget for fiscal year 2021:
Provided, That the appendices for such justification shall be
provided to the Committees on Appropriations not later than 10
calendar days thereafter: Provided further, That if the
appendices referenced in the preceding proviso are not provided
to such Committee by the date specified, none of the funds made
available under the heading ``Diplomatic Programs'' and
designated in paragraph (3) for Diplomatic Policy and Support
shall be available for travel and related expenses of the
Secretary of State until such budget appendices are provided to
the Committees on Appropriations.
(2) The Secretary of State and the USAID Administrator
shall include in the congressional budget justification a
detailed justification for multi-year availability for any
funds requested under the headings ``Diplomatic Programs'' and
``Operating Expenses''.
(e) Change in Allocation of Foreign Assistance.--The Department of
State shall fully comply with the notification requirement pursuant to
section 653(a) of the Foreign Assistance Act of 1961 (Public Law 87-
195) not later than the period of time specified in such section:
Provided, That if the report accompanying the notification referenced
in the preceding sentence is not provided to the Committees on
Appropriations within the specified time, none of the funds made
available under the heading ``Diplomatic Programs'' and designated in
paragraph (3) for Diplomatic Policy and Support shall be available for
travel and related expenses of the Secretary of State until such report
is provided to the Committees on Appropriations.
reorganization
Sec. 7062. (a) Prior Consultation and Notification.--Funds
appropriated by this Act, prior Acts making appropriations for the
Department of State, foreign operations, and related programs, or any
other Act may not be used to implement a reorganization, redesign, or
other plan described in paragraph (2) by the Department of State, the
United States Agency for International Development, or any other
Federal department, agency, or organization funded by this Act without
prior consultation by the head of such department, agency, or
organization with the appropriate congressional committees: Provided,
That such funds shall be subject to the regular notification procedures
of the Committees on Appropriations: Provided further, That any such
notification submitted to such Committees shall include a detailed
justification for any proposed action, including the information
specified under this section in the report accompanying this Act.
(b) Description of Activities.--Pursuant to paragraph (1), a
reorganization, redesign, or other plan shall include any action to--
(1) expand, eliminate, consolidate, or downsize covered
departments, agencies, or organizations, including bureaus and
offices within or between such departments, agencies, or
organizations, including the transfer to other agencies of the
authorities and responsibilities of such bureaus and offices;
or
(2) expand, eliminate, consolidate, or downsize the United
States official presence overseas including at bilateral,
regional, and multilateral diplomatic facilities and other
platforms.
designation
Sec. 7063. 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.
assistance for foreign nongovernmental organizations
Sec. 7064. The Foreign Assistance Act of 1961 (22 U.S.C. 2151 et
seq.) is amended by inserting after section 104C the following:
``SEC. 104D ELIGIBILITY FOR ASSISTANCE.
``Notwithstanding any other provision of law, regulation, or
policy, in determining eligibility for assistance under sections 104,
104A, 104B, and 104C, a foreign nongovernmental organization--
``(1) shall not be ineligible for such assistance solely on
the basis of health or medical services, including counseling
and referral services, provided by such organization with non-
United States Government funds if such services--
``(A) are permitted in the country in which they
are being provided; and
``(B) would not violate United States law if
provided in the United States; and
``(2) shall not be subject to requirements relating to the
use of non-United States Government funds for advocacy and
lobbying activities other than those that apply to United
States nongovernmental organizations receiving assistance under
this part.''.
references to act
Sec. 7065. Except as expressly provided otherwise, any reference
to ``this Act'' contained in this division shall be treated as
referring only to the provisions of this division.
reference to report
Sec. 7066. Any reference to a ``report accompanying this Act''
contained in this division shall be treated as a reference to House
Report 116-78. The effect of such Report shall be limited to this
division and shall apply for purposes of determining the allocation of
funds provided by, and the implementation of, this division.
rescission of funds
Sec. 7067. Of the unobligated balances available under the heading
``Export and Investment Assistance, Export-Import Bank of the United
States, Subsidy Appropriation'' for tied-aid grants from prior Acts
making appropriations for the Department of State, foreign operations,
and related programs, $11,762,000 are hereby rescinded.
Sec. 7068. (a) None of the funds appropriated or otherwise made
available by this Act may be made available to enter into any new
contract, grant, or cooperative agreement with any entity listed in
subsection (b).
(b) The entities listed in this subsection are the following:
----------------------------------------------------------------------------------------------------------------
Trump International Hotel & Tower Trump International Hotel & Golf Trump International Hotel Las Vegas,
Chicago, Chicago, IL Links Ireland (formerly The Lodge Las Vegas, NV
at Doonbeg), Doonbeg, Ireland
Trump National Doral Miami, Miami, Trump International Hotel & Tower Trump SoHo New York, New York City,
FL New York, New York City, NY NY
Trump International Hotel & Tower, Trump International Hotel Waikiki, Trump International Hotel
Vancouver, Vancouver, Canada Honolulu, HI Washington, DC
Trump Tower, 721 Fifth Avenue, New Trump World Tower, 845 United Trump Park Avenue, 502 Park Avenue,
York City, New York Nations Plaza, New York City, New New York City, New York
York
Trump International Hotel & Tower, Trump Parc East, 100 Central Park Trump Palace, 200 East 69th Street,
NY South, New York City, New York New York City, New York
Heritage, Trump Place, 240 Riverside Trump Place, 220 Riverside Blvd, New Trump Place, 200 Riverside Blvd, New
Blvd, New York City, New York York City, New York York City, New York
Trump Grande, Sunny Isles, FL Trump Hollywood Florida, Hollywood, Trump Plaza, New Rochelle, NY
Florida
Trump Tower at City Center, Trump Park Residences, Yorktown, NY Trump Parc Stamford, Stamford,
Westchester, NY Connecticut
Trump Plaza Residences, Jersey City, The Estate at Trump National, Los Trump Towers Pune, India, Pune,
NJ Angeles, CA India
Trump Tower Mumbai, India, Mumbai, Trump Towers Makati, Philippines, Trump International Vancouver,
India Makati, Philippines Vancouver, Canada
Trump Towers Istanbul, Sisli, Trump Tower Punta Del Este, Uruguay, ....................................
Istanbul, Sisli Punta Sel Este, Uruguay
Briar Hall Operations LLC, New York, DT Dubai Golf Manager LLC, New York, DT Dubai Golf Manager Member Corp,
New York New York New York, New York
DT Dubai II Golf Manager LLC, New DT Home Marks International LLC, New DT Home Marks International Member
York, New York York, New York Corp, New York, New York
DT India Venture LLC, New York, New DT India Venture Managing Member DT Marks Baku LLC, New York, New
York Corp, New York, New York York
DT Marks Baku Managing Member Corp, DT Marks Dubai LLC, New York, New DT Marks Dubai Member Corp, New
New York, New York York York, New York
DT Marks Dubai II LLC, New York, New DT Marks Dubai II Member Corp, New ....................................
York York, New York
DT Marks Gurgaon LLC, New York, New DT Marks Gurgaon Managing Member DT Marks Jersey City LLC, New York,
York Corp, New York, New York New York
DT Marks Jupiter LLC, New York, New DT Mark Qatar LLC, New York, New DT Marks Qatar Member Corp, New
York York York, New York
DT Marks Products International LLC, DT Marks Product International DT Marks Pune LLC, New York, New
New York, New York Member Corp, New York, New York York
DT Marks Pune Managing Member Corp, DT MARKS PUNE II LLC, New York, New DT Marks Pune II Managing Member
New York, New York York Corp, New York, New York
DT Marks Rio LLC, New York, New York DT Marks Rio Member Corp, New York, DT Marks Vancouver LP, New York, New
New York York
DT Marks Vancouver Managing Member DT Marks Worli LLC, New York, New DT Marks Worli Member Corp, New
Corp, New York, New York York York, New York
DT Tower Gurgaon LLC, New York, New DT Tower Gurgaon Managing Member Indian Hills Holdings LLC f/k/a
York Corp, New York, New York Indian Hills Development LLC, New
York, New York
Jupiter Golf Club LLC (Trump Jupiter Golf Club Managing Member Lamington Family Holdings LLC, New
National Gold Club-Jupiter), New Corp, New York, New York York, New York
York, New York
Lawrence Towers Apartments, New LFB Acquisition LLC, New York, New LFB Acquisition Member Corp, New
York, New York York York, New York
Mar A Lago Club, Inc, Palm Beach, Mar A Lago Club, L.L.C, New York, Nitto World Co, Limited, Turnberry,
Florida New York Scotland
OPO Hotel Manager LLC, New York, New OPO Hotel Manager Member Corp, New OWO Developer LLC, New York, New
York York, New York York
TIGL Ireland Enterprises Limited TIGL Ireland Management Limited, Ace Entertainment Holdings Inc (f/k/
(Trump International Golf Links- Doonbeg, Ireland a Trump Casinos Inc and formerly
Doonbeg), Doonbeg, Ireland Trump Taj Mahal, Inc), Atlantic
City, NJ
Trump Chicago Commercial Member Trump Chicago Commercial Manager Trump Chicago Development LLC, New
Corp, New York, New York LLC, New York, New York York, New York
Trump Chicago Hotel Member Corp, New Trump Chicago Hotel Manager LLC, New Trump Chicago Managing Member LLC,
York, New York York, New York New York, New York
Trump Chicago Member LLC, New York, Trump Chicago Residential Member Trump Chicago Residential Manager
New York Corp, New York, New York LLC, New York, New York
Trump Chicago Retail LLC, New York, Trump Chicago Retail Manager LLC, Trump Chicago Retail Member Corp,
New York New York, New York New York, New York
Trump Drinks Israel Holdings LLC, Trump Drinks Israel Holdings Member Trump Drinks Israel LLC, New York,
New York, New York Corp, New York, New York New York
Trump Drinks Israel Member Corp, New Trump Endeavor 12 LLC (Trump Trump Endeavor 12 Manager Corp, New
York, New York National Doral), New York, New York York, New York
Trump Golf Acquisitions LLC, New Trump Golf Coco Beach LLC, New York, Trump Golf Coco Beach Member Corp,
York, New York New York New York, New York
Trump International Development LLC, Trump International Golf Club LC Trump International Golf Club
New York, New York (Trump International Golf Club- Scotland Limited, Aberdeen,
Florida), New York, New York Scotland
Trump International Golf Club, Inc, Trump International Hotel and Tower Trump International Hotel Hawaii
Palm Beach, Florida Condominium, New York, New York LLC, New York, New York
Trump International Hotels Trump International Management Corp, Trump Korean Projects LLC, New York,
Management LLC, New York, New York New York, New York New York
Trump Marks Atlanta LLC, New York, Trump Marks Atlanta Member Corp, New Trump Marks Baja Corp, New York, New
New York York, New York York
Trump Marks Baja LLC, New York, New Trump Marks Batumi, LLC, New York, Trump Marks Beverages Corp, New
York New York York, New York
Trump Marks Beverages, LLC New York, Trump Marks Canouan Corp, New York, Trump Marks Canouan, LLC New York,
New York New York New York
Trump Marks Chicago LLC, New York, Trump Marks Chicago Member Corp, New Trump Marks Dubai Corp, New York,
New York York, New York New York
Trump Marks Dubai LLC, New York, New Trump Marks Egypt Corp, New York, Trump Marks Egypt LLC, New York, New
York New York York
Trump Marks Fine Foods LLC, New Trump Marks Fine Foods Member Corp, Trump Marks Ft. Lauderdale LLC, New
York, New York New York, New York York, New York
Trump Marks Ft. Lauderdale Member Trump Marks GP Corp, New York, New Trump Marks Holding LP (FKA Trump
Corp, New York, New York York Marks LP), New York, New York
Trump Marks Hollywood Corp, New Trump Marks Hollywood LLC, New York, Trump Marks Istanbul II Corp, New
York, New York New York York, New York
Trump Marks Istanbul II LLC, New Trump Marks Jersey City Corp, New Trump Marks Jersey City LLC, New
York, New York York, New York York, New York
Trump Marks Mattress LLC, New York, Trump Marks Mattress Member Corp, Trump Marks Menswear LLC, New York,
New York New York, New York New York
Trump Marks Menswear Member Corp, Trump Marks Mortgage Corp, New York, Trump Marks Mtg LLC, New York, New
New York, New York New York York
Trump Marks Mumbai LLC, New York, Trump Marks Mumbai Member Corp, New Trump Marks New Rochelle Corp, New
New York York, New York York, New York
Trump Marks New Rochelle LLC, New Trump Marks Palm Beach Corp, New Trump Marks Palm Beach LLC, New
York, New York York, New York York, New York
Trump Marks Panama Corp, New York, Trump Marks Panama LLC, New York, Trump Marks Philadelphia Corp, New
New York New York York, New York
Trump Marks Philadelphia LLC, New Trump Marks Philippines Corp, New Trump Marks Philippines LLC, New
York, New York York, New York York, New York
Trump Marks Products LLC, New York, The Trump Organization, Inc, New ....................................
New York York, New York
Trump Marks Products Member Corp, Trump Marks Puerto Rico I LLC, New Trump Marks Puerto Rico I Member
New York, New York York, New York Corp, New York, New York
Trump Marks Puerto Rico II LLC, New Trump Marks Puerto Rico II Member Trump Marks Punta del Este LLC, New
York, New York Corp, New York, New York York, New York
Trump Marks Punta del Este Manager The Donald J. Trump Company LLC, New The Trump Marks Real Estate Corp,
Corp, New York, New York York, New York New York, New York
Trump Marks SOHO License Corp, New Trump Marks SOHO LLC, New York, New Trump Marks Stamford LLC, New York,
York, New York York New York
Trump Marks Stamford Corp, New York, Trump Marks Sunny Isles I LLC, New Trump Marks Sunny Isles I Member
New York York, New York Corp, New York, New York
Trump Marks Sunny Isles II LLC, New Trump Marks Sunny Isles II Member Trump Marks Tampa Corp, New York,
York, New York Corp, New York, New York New York
Trump Marks Tampa LLC, New York, New Trump Marks Toronto Corp, New York, Trump Marks Toronto LLC, New York,
York New York New York
Trump Marks Toronto LP (formally Trump Marks Waikiki Corp, New York, Trump Marks Waikiki LLC, New York,
Trump Toronto Management LP), New New York New York
York, New York
Trump Marks Westchester Corp, New Trump Marks Westchester LLC, New Trump Marks White Plains LLC, New
York, New York York, New York York, New York
Trump Miami Resort Management LLC, Trump Miami Resort Management Member Trump National Golf Club Colts Neck
New York, New York Corp, New York, New York LLC, New York, New York
Trump National Golf Club Colts Neck Trump National Golf Club LLC (Trump Trump National Golf Club Member
Member Corp, New York, New York National Golf Club- Westchester), Corp, New York, New York
New York, New York
Trump National Golf Club Washington Trump National Golf Club Washington ....................................
DC LCC, New York, New York DC Member Corp, New York, New York
Trump Old Post Office LLC, New York, Trump Old Post Office Member Corp,
New York New York, New York
Trump On the Ocean LLC, New York, Trump Organization LLC, New York, The Trump Organization, New York,
New York New York New York
Trump Pageants, Inc, New York, New Trump Palace Condominium, New York, Trump Palace/Parc LLC, New York, New
York New York York
Trump Panama Condominium Management Trump Panama Condominium Member Trump Panama Hotel Management LLC,
LLC, New York, New York Corp, New York, New York New York, New York
Trump Panama Hotel Management Member Trump Parc East Condominium, New Trump Park Avenue Acquisition LLC,
Corp, New York, New York York, New York New York, New York
Trump Park Avenue LLC, New York, New Trump Payroll Chicago LLC, New York, Trump Payroll Corp, New York, New
York New York York
Trump Phoenix Development LLC, New Trump Plaza LLC, New York, New York Trump Plaza Member Inc (F/K/A Trump
York, New York Plaza Corp), New York, New York
Trump Productions LLC (former Rancho Trump Production Managing Member Trump Project Manager Corp, New
Lien LLC), New York, New York Inc, New York, New York York, New York
Trump Realty Services, LLc (f/k/a Trump Restaurants LLC, New York, Trump Riverside Management LLC, New
Trump Mortgage Services LLC (03) & New York York, New York
Tower Mortgage Services LLC), Palm
Beach, Florida
Trump Ruffin Commercial LLC, New Trump Ruffin LLC, Las Vegas, NV Trump Ruffin Tower I LLC, Las Vegas,
York, New York NV
Trump Sales & Leasing Chicago LLC, Trump Sales & Leasing Chicago Member Trump Scotland Member Inc, Aberdeen,
Chicago, IL Corp, Chicago, IL Scotland
Trump Scotsborough Square LLC, Trump SoHo Hotel Condominium New Trump SoHo Member LLC, New York, New
Scotsborough Square, VA York, New York, New York York
Trump Toronto Hotel Member Corp, New Trump Toronto Development Inc, New Trump Toronto Member Corp (formally
York, New York York, New York Trump Toronto Management Member
Corp), New York, New York
Trump Tower Commercial LLC, New Trump Tower Condominium Residential Trump Tower Managing Member Inc, New
York, New York Section, New York, New York York, New York
Trump Village Construction Corp, New Trump Vineyard Estates LLC, New Trump Vineyard Estates Manager Corp,
York, New York York, New York New York, New York
Trump Vineyard Estates Lot 3 Owner Trump Virginia Acquisitions LLC (fka Trump Virginia Acquisitions Manager
LLC (F/K/A Eric Trump Land Holdings Virginia Acquisitions LLC), New Corp, New York, New York
LLC), New York, New York York, New York
Trump Virginia Lot 5 LLC, New York, Trump Virginia Lot 5 Manager Corp, Trump Wine Marks LLC, New York, New
New York New York, New York York
Trump Wine Marks Member Corp, New Trump World Productions LLC, New Trump World Productions Manager
York, New York York, New York Corp, New York, New York
Trump World Publications LLC, New Trump/New World Property Management Trump's Castle Management Corp,
York, New York LLC, New York, New York Atlantic City, NJ
Trump Marks White Plains Corp, New Turnberry Scotland Managing Member Turnberry Scotland LLC, Turnberry,
York, New York Corp, Turnberry, Scotland Scotland
TW Venture I LLC, Palm Beach, TW Venture II LLC, Doonbeg, Ireland TW Venture I Managing Member Corp,
Florida Palm Beach, Florida
TW Venture II Managing Member Corp, Ultimate Air Corp, New York, New Unit 2502 Enterprises Corp, Chicago,
Doonbeg, Ireland York IL
Unit 2502 Enterprises LLC, Chicago, VH Property Corp (Trump National VHPS LLC, Los Angeles, CA
IL Golf Club-Los Angeles), Los
Angeles, CA
West Palm Operations LLC, WPB, Wexford Hall Inc., New York, New White Course LLC, Miami, FL
Florida York
White Course Managing Member Corp, Wilshire Hall LLC, New York, New Wollman Rink Operations LLC, New
Miami FL York York, New York
Yorktown Real Estate LLC (F/K/A/ The Fred C. Trump December 16, 1976 The Fred C. Trump December 16, 1976
Yorktown Development Associates Trust- F/B/O Donald J. Trump, New Trust- F/B/O Robert S. Trump, New
LLC), New York, New York York, New York York, New York
The Fred C. Trump December 16, 1976 Fred C. Trump GRAT Trust- F/B/O Trust U/W/O Fred C. Trump- F/B/O
Trust- F/B/O Elizabeth J. Trump, Elizabeth Trump Grau, New York, New Elizabeth Trump Grau, New York, New
New York, New York York York
Maryanne Trump GRAT Trust- F/B/O Trust U/W/O Fred C. Trump- F/B/O the The Donald J. Trump grantor Trust -
Elizabeth Trump Grau, New York, New grandchildren of Fred C. Trump, New DJT is the Trustee Successor -
York York, New York Trustee is Donald J. Trump, Jr.,
New York, New York
The Donald J. Trump Revocable Trust, The Police Athletic League, Inc, New DT Bali Golf Manager LLC, New York,
New York, New York York, New York New York
DT Bali Golf Manager Member Corp, DT Bali Hotel Manager LLC, New York, DT Bali Hotel Manager Member Corp,
New York, New York New York New York, New York
DT Bali Technical Services Manager DT Bali Technical Services Manager DT Connect Europe Limited,
LLC, New York, New York Member Corp, New York, New York Turnberry, Scotland
DT Endeavor I LLC, New York, New DT Endeavor I Member Corp, New York, DT Lido Golf Manager LLC, New York,
York New York New York
DT Lido Golf Manager Member Corp, DT Lido Hotel Manager LLC, New York, DT Lido Hotel Manager Member Corp,
New York, New York New York New York, New York
DT Marks Bali LLC, New York, New DT Marks Bali Member Corp, New York, DT Marks Lido LLC, New York, New
York New York York
DT Marks Lido Member Corp, New York, DT Tower I LLC, New York, New York DT Tower I Member Corp, New York,
New York New York
DT Tower II LLC, New York, New York DT Tower II Member Corp, New York, DT Tower Kolkata LLC, New York, New
New York York
DT Tower Kolkata Managing Member DT Venture I LLC, New York, New York DT Venture I Member Corp, New York,
Corp, New York, New York New York
DT Venture II LLC, New York, New DT Venture II Member Corp, New York, DTTM Operations LLC, New York, New
York New York York
DTTM Operations Managing Member, New EID Venture II LLC, New York, New EID Venture II Member Corp, New
York, New York York York, New York
THC DC Restaurant Hospitality LLC, Lamington Farm Club (TRUMP NATIONAL Mobile Payroll Construction LLC, New
New York, New York GOLF CLUB-BEDMINSTER)*, Bedminster, York, New York
NJ
Mobile Payroll Construction Manager C DEVELOPMENT VENTURES LLC, New C DEVELOPMENT VENTURES MEMBER CORP,
Corp, New York, New York York, New York New York, New York
TC MARKS BUENOS AIRES LLC, New York, WMTMF LLC, New York, New York Midland Associates, New York, New
New York York
Miss Universe L.P., LLP (formerly Trump Central Park West Corp, New DT Marks Qatar LLC, New York, New
Trump Pageants, L.P.), New York, York, New York York
New York
40 Wall Street LLC, New York, New 401 North Wabash Venture LLC, 809 North Canon LLC, Beverly Hills,
York Chicago, IL CA
Caribuslness Investments, S.R.L., County Properties, LLC, Norfolk, VA DJT Aerospace LLC, New York, New
Dominican Republic York
DJT Operations I LLC, New York, New DT Connect II LLC, Palm Beach, Excel Venture I LLC, St. Martin,
York Florida French West Indies
Fifty-Seventh Street Associates LLC, Pine Hill Development LLC, Pine Seven Springs LLC, Mt. Kisco, NY
New York, New York Hill, NJ
Trump Turnberry , Turnberry, The East 61 Street Company, LP, New The Trump Corporation, New York, New
Scotland York, New York York
TIHT Commercial LLC, New York, New TIHT Holding Company LLC, New York, Trump National Golf Club - Hudson
York New York Valley, Hopewell Junction, NY
Trump National Golf Club - Trump National Golf Club - Trump International Golf Links -
Charlotte, Charlotte, NC Philadelphia, Pine Hill, NJ Scotland, Aberdeen, Scotland
Trump Las Vegas Development LLC, Las Trump Marks Asia LLC, Sterling, VA Trump Model Management LLC, New
Vegas, NV York, New York
Trump National Golf Club - 1125 South Ocean LLC, Palm Beach, T Promotions LLC, New York, New York
Washington DC, Potomac Falls, VA Florida
HWA 555 Owners, LLC, San Francisco, 1290 Avenue of the Americas, A Trump Tower Triplex, New York, New
CA Tenancy-In-Common, New York, New York
York
NIKIA DTW VENTURE LLC, Palm Beach, THC Vancouver Management Corp, TNGC Jupiter Management Corp,
Florida Vancouver, Canada Jupiter, FL
Trump Toronto Hotel Management Corp, Trump Management Inc., Manhasset, NY THC Miami Restaurant Hospitality
New York, New York LLC, Miami, FL
THC IMEA Development LLC, New York, DT Lido Technical Services Manager Trump Las Vegas Sales & Marketing,
New York LLC, Lido, Indonesia Inc., Las Vegas, NV
Albemarle Estate, Charlottesville, MacLeod House & Lodge, Aberdeen, Trump Golf Links at Ferry Point, New
VA Scotland York City, New York
Trump International Golf Club, Trump World Golf Club Dubai, UAE Trump International Resort & Golf
Dubai, UAE Club Lido, Lido City, Indonesia
Seven Springs, Bedford, NY Le Chateau des Palmiers, St. Martin, Trump World, Seoul, South Korea
French West Indies
Trump Towers, Sunny Isles, FL .................................... ....................................
----------------------------------------------------------------------------------------------------------------
Sec. 7069. None of the funds appropriated by this Act under the
heading ``International Military Education and Training'' may be made
available for assistance for the Government of Saudi Arabia.
Sec. 7070. None of the funds made available by this Act may be
used to establish the Department of State's Commission on Unalienable
Rights, as proposed in Federal Register Vol. 84, No. 104, on May 30,
2019 (Public Notice 1077).
Sec. 7071. None of the funds made available by this Act may be
used to withdraw the United States from the North Atlantic Treaty, done
at Washington, DC on April 4, 1949.
Sec. 7072. None of the funds made available by this Act may be
used in violation of 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).
Sec. 7073. None of the funds made available by this Act may be
used to provide assistance to Forces Armees d'Haiti.
This Act may be cited as the ``Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2020''.
DIVISION E--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES
APPROPRIATIONS ACT, 2020
The following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for energy and water development
and related agencies for the fiscal year ending September 30, 2020, and
for other purposes, namely:
TITLE I
CORPS OF ENGINEERS--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
The following appropriations shall be expended under the direction
of the Secretary of the Army and the supervision of the Chief of
Engineers for authorized civil functions of the Department of the Army
pertaining to river and harbor, flood and storm damage reduction, shore
protection, aquatic ecosystem restoration, and related efforts.
investigations
For expenses necessary where authorized by law for the collection
and study of basic information pertaining to river and harbor, flood
and storm damage reduction, shore protection, aquatic ecosystem
restoration, and related needs; for surveys and detailed studies, and
plans and specifications of proposed river and harbor, flood and storm
damage reduction, shore protection, and aquatic ecosystem restoration
projects, and related efforts prior to construction; for restudy of
authorized projects; and for miscellaneous investigations, and, when
authorized by law, surveys and detailed studies, and plans and
specifications of projects prior to construction, $135,000,000 (reduced
by $5,000,000) (increased by $5,000,000) (increased by $4,000,000)
(reduced by $1,000,000) (increased by $1,000,000) (increased by
$1,000,000), to remain available until expended: Provided, That the
Secretary shall initiate six new study starts during fiscal year 2020:
Provided further, That the Secretary shall not deviate from the new
starts proposed in the work plan, once the plan has been submitted to
the Committees on Appropriations of both Houses of Congress.
construction
For expenses necessary for the construction of river and harbor,
flood and storm damage reduction, shore protection, aquatic ecosystem
restoration, and related projects authorized by law; for conducting
detailed studies, and plans and specifications, of such projects
(including those involving participation by States, local governments,
or private groups) authorized or made eligible for selection by law
(but such detailed studies, and plans and specifications, shall not
constitute a commitment of the Government to construction);
$2,337,000,000 (reduced by $45,000,000) (increased by $45,000,000)
(increased by $5,000,000) (increased by $40,000,000) (reduced by
$40,000,000) (reduced by $100,000,000) (increased by $100,000,000)
(reduced by $5,000,000) (increased by $5,000,000) (reduced by
$7,500,000) (increased by $7,500,000) (reduced by $30,000,000)
(increased by $30,000,000), to remain available until expended; of
which such sums as are necessary to cover the Federal share of
construction costs for facilities under the Dredged Material Disposal
Facilities program shall be derived from the Harbor Maintenance Trust
Fund as authorized by Public Law 104-303; and of which such sums as are
necessary to cover one-half of the costs of construction, replacement,
rehabilitation, and expansion of inland waterways projects shall be
derived from the Inland Waterways Trust Fund, except as otherwise
specifically provided for in law: Provided, That the Secretary shall
initiate six new construction starts during fiscal year 2020: Provided
further, That for new construction projects, project cost sharing
agreements shall be executed as soon as practicable but no later than
September 30, 2020: Provided further, That no allocation for a new
start shall be considered final and no work allowance shall be made
until the Secretary provides to the Committees on Appropriations of
both Houses of Congress an out-year funding scenario demonstrating the
affordability of the selected new starts and the impacts on other
projects: Provided further, That the Secretary may not deviate from
the new starts proposed in the work plan, once the plan has been
submitted to the Committees on Appropriations of both Houses of
Congress.
mississippi river and tributaries
For expenses necessary for flood damage reduction projects and
related efforts in the Mississippi River alluvial valley below Cape
Girardeau, Missouri, as authorized by law, $350,000,000, to remain
available until expended, of which such sums as are necessary to cover
the Federal share of eligible operation and maintenance costs for
inland harbors shall be derived from the Harbor Maintenance Trust Fund.
operation and maintenance
For expenses necessary for the operation, maintenance, and care of
existing river and harbor, flood and storm damage reduction, aquatic
ecosystem restoration, and related projects authorized by law;
providing security for infrastructure owned or operated by the Corps,
including administrative buildings and laboratories; maintaining harbor
channels provided by a State, municipality, or other public agency that
serve essential navigation needs of general commerce, where authorized
by law; surveying and charting northern and northwestern lakes and
connecting waters; clearing and straightening channels; and removing
obstructions to navigation, $3,923,000,000 (increased by $4,000,000)
(increased by $75,000,000) (reduced by $75,000,000) (increased by
$3,000,000) (increased by $2,000,000) (increased by $1,000,000), to
remain available until expended, of which such sums as are necessary to
cover the Federal share of eligible operation and maintenance costs for
coastal harbors and channels, and for inland harbors shall be derived
from the Harbor Maintenance Trust Fund; of which such sums as become
available from the special account for the Corps of Engineers
established by the Land and Water Conservation Fund Act of 1965 shall
be derived from that account for resource protection, research,
interpretation, and maintenance activities related to resource
protection in the areas at which outdoor recreation is available; and
of which such sums as become available from fees collected under
section 217 of Public Law 104-303 shall be used to cover the cost of
operation and maintenance of the dredged material disposal facilities
for which such fees have been collected: Provided, That 1 percent of
the total amount of funds provided for each of the programs, projects,
or activities funded under this heading shall not be allocated to a
field operating activity prior to the beginning of the fourth quarter
of the fiscal year and shall be available for use by the Chief of
Engineers to fund such emergency activities as the Chief of Engineers
determines to be necessary and appropriate, and that the Chief of
Engineers shall allocate during the fourth quarter any remaining funds
which have not been used for emergency activities proportionally in
accordance with the amounts provided for the programs, projects, or
activities.
regulatory program
For expenses necessary for administration of laws pertaining to
regulation of navigable waters and wetlands, $210,000,000, to remain
available until September 30, 2021.
formerly utilized sites remedial action program
For expenses necessary to clean up contamination from sites in the
United States resulting from work performed as part of the Nation's
early atomic energy program, $155,000,000, to remain available until
expended.
flood control and coastal emergencies
For expenses necessary to prepare for flood, hurricane, and other
natural disasters and support emergency operations, repairs, and other
activities in response to such disasters as authorized by law,
$37,500,000, to remain available until expended.
expenses
For expenses necessary for the supervision and general
administration of the civil works program in the headquarters of the
Corps of Engineers and the offices of the Division Engineers; and for
costs of management and operation of the Humphreys Engineer Center
Support Activity, the Institute for Water Resources, the United States
Army Engineer Research and Development Center, and the United States
Army Corps of Engineers Finance Center allocable to the civil works
program, $203,000,000 (reduced by $4,000,000) (reduced by $4,000,000)
(reduced by $5,000,000) (reduced by $3,000,000) (reduced by
$2,500,000), to remain available until September 30, 2021, of which not
to exceed $5,000 may be used for official reception and representation
purposes and only during the current fiscal year: Provided, That no
part of any other appropriation provided in this title shall be
available to fund the civil works activities of the Office of the Chief
of Engineers or the civil works executive direction and management
activities of the division offices: Provided further, That any Flood
Control and Coastal Emergencies appropriation may be used to fund the
supervision and general administration of emergency operations,
repairs, and other activities in response to any flood, hurricane, or
other natural disaster.
office of the assistant secretary of the army for civil works
For the Office of the Assistant Secretary of the Army for Civil
Works as authorized by 10 U.S.C. 3016(b)(3), $5,000,000 (reduced by
$2,000,000), to remain available until September 30, 2021: Provided,
That not more than 25 percent of such amount may be obligated or
expended until the Assistant Secretary submits to the Committees on
Appropriations of both Houses of Congress a work plan that allocates at
least 95 percent of the additional funding provided under each heading
in this title, as designated under such heading in the report of the
Committee on Appropriations accompanying this Act, to specific
programs, projects, or activities.
GENERAL PROVISIONS--CORPS OF ENGINEERS--CIVIL
(including transfer of funds)
Sec. 101. (a) None of the funds provided in this title shall be
available for obligation or expenditure through a reprogramming of
funds that--
(1) creates or initiates a new program, project, or
activity;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel for any program, project,
or activity for which funds have been denied or restricted by
this Act;
(4) reduces funds that are directed to be used for a
specific program, project, or activity by this Act;
(5) increases funds for any program, project, or activity
by more than $2,000,000 or 10 percent, whichever is less; or
(6) reduces funds for any program, project, or activity by
more than $2,000,000 or 10 percent, whichever is less.
(b) Subsection (a)(1) shall not apply to any project or activity
authorized under section 205 of the Flood Control Act of 1948, section
14 of the Flood Control Act of 1946, section 208 of the Flood Control
Act of 1954, section 107 of the River and Harbor Act of 1960, section
103 of the River and Harbor Act of 1962, section 111 of the River and
Harbor Act of 1968, section 1135 of the Water Resources Development Act
of 1986, section 206 of the Water Resources Development Act of 1996, or
section 204 of the Water Resources Development Act of 1992.
(c) The Corps of Engineers shall submit reports on a quarterly
basis to the Committees on Appropriations of both Houses of Congress
detailing all the funds reprogrammed between programs, projects,
activities, or categories of funding. The first quarterly report shall
be submitted not later than 60 days after the date of enactment of this
Act.
Sec. 102. None of the funds made available in this title may be
used to award or modify any contract that commits funds beyond the
amounts appropriated for that program, project, or activity that remain
unobligated, except that such amounts may include any funds that have
been made available through reprogramming pursuant to section 101.
Sec. 103. The Secretary of the Army may transfer to the Fish and
Wildlife Service, and the Fish and Wildlife Service may accept and
expend, up to $5,400,000 of funds provided in this title under the
heading ``Operation and Maintenance'' to mitigate for fisheries lost
due to Corps of Engineers projects.
Sec. 104. None of the funds in this Act shall be used for an open
lake placement alternative for dredged material, after evaluating the
least costly, environmentally acceptable manner for the disposal or
management of dredged material originating from Lake Erie or
tributaries thereto, unless it is approved under a State water quality
certification pursuant to section 401 of the Federal Water Pollution
Control Act (33 U.S.C. 1341): Provided, That until an open lake
placement alternative for dredged material is approved under a State
water quality certification, the Corps of Engineers shall continue
upland placement of such dredged material consistent with the
requirements of section 101 of the Water Resources Development Act of
1986 (33 U.S.C. 2211).
Sec. 105. None of the funds made available by this Act may be used
to carry out any water supply reallocation study under the Wolf Creek
Dam, Lake Cumberland, Kentucky, project authorized under the Act of
July 24, 1946 (60 Stat. 636, ch. 595).
Sec. 106. None of the funds made available by this Act or any
other Act may be used to reorganize or to transfer the Civil Works
functions or authority of the Corps of Engineers or the Secretary of
the Army to another department or agency.
Sec. 107. Additional funding provided in this Act shall be
allocated only to projects determined to be eligible by the Chief of
Engineers.
Sec. 108. Notwithstanding any other provision of law, none of the
funds appropriated or otherwise made available by this Act or any prior
appropriations Acts for the Civil Works Program of the United States
Army Corps of Engineers may be committed, obligated, expended, or
otherwise used to design or construct a wall, fence, border barriers,
or border security infrastructure along the southern border of the
United States.
TITLE II
DEPARTMENT OF THE INTERIOR
Central Utah Project
central utah project completion account
For carrying out activities authorized by the Central Utah Project
Completion Act, $15,000,000 (increased by $5,000,000), to remain
available until expended, of which $1,800,000 shall be deposited into
the Utah Reclamation Mitigation and Conservation Account for use by the
Utah Reclamation Mitigation and Conservation Commission: Provided,
That of the amount provided under this heading, $1,500,000 shall be
available until September 30, 2021, for expenses necessary in carrying
out related responsibilities of the Secretary of the Interior:
Provided further, That for fiscal year 2020, of the amount made
available to the Commission under this Act or any other Act, the
Commission may use an amount not to exceed $1,500,000 for
administrative expenses.
Bureau of Reclamation
The following appropriations shall be expended to execute
authorized functions of the Bureau of Reclamation:
water and related resources
(including transfers of funds)
For management, development, and restoration of water and related
natural resources and for related activities, including the operation,
maintenance, and rehabilitation of reclamation and other facilities,
participation in fulfilling related Federal responsibilities to Native
Americans, and related grants to, and cooperative and other agreements
with, State and local governments, federally recognized Indian tribes,
and others, $1,485,000,000 (increased by $2,000,000) (reduced by
$2,000,000) (reduced by $2,000,000) (increased by $2,000,000) (reduced
by $5,000,000) (increased by $5,000,000) (reduced by $4,000,000), to
remain available until expended, of which $70,332,000 shall be
available for transfer to the Upper Colorado River Basin Fund and
$5,023,000 shall be available for transfer to the Lower Colorado River
Basin Development Fund; of which such amounts as may be necessary may
be advanced to the Colorado River Dam Fund: Provided, That such
transfers may be increased or decreased within the overall
appropriation under this heading: Provided further, That of the total
appropriated, the amount for program activities that can be financed by
the Reclamation Fund or the Bureau of Reclamation special fee account
established by 16 U.S.C. 6806 shall be derived from that Fund or
account: Provided further, That funds contributed under 43 U.S.C. 395
are available until expended for the purposes for which the funds were
contributed: Provided further, That funds advanced under 43 U.S.C.
397a shall be credited to this account and are available until expended
for the same purposes as the sums appropriated under this heading:
Provided further, That of the amounts provided herein, funds may be
used for high-priority projects which shall be carried out by the Youth
Conservation Corps, as authorized by 16 U.S.C. 1706: Provided further,
That in accordance with section 4009(c) of Public Law 114-322 and as
recommended by the Secretary in a letter dated February 13, 2019,
funding provided for such purpose in fiscal year 2018 shall be made
available to the Expanding Recycled Water Delivery Project
(VenturaWaterPure), the Pure Water Monterey-Groundwater Replenishment
Project, the Groundwater Reliability Improvement Program (GRIP)
Recycled Water Project, the North Valley Regional Recycled Water
Program, the South Sacramento County Agriculture and Habitat Lands
Recycled Water Program, and the Central Coast Blue Project: Provided
further, That in accordance with section 4007 of Public Law 114-322 and
as recommended by the Secretary in a letter dated February 13, 2019,
funding provided for such purpose in fiscal years 2017 and 2018 shall
be made available to the Cle Elum Pool Raise, the Boise River Basin
Feasibility Study, the Del Puerto Water District, the Los Vaqueros
Reservoir Phase 2 Expansion Project, the North-of-the-Delta Off stream
storage (Sites Reservoir Project), and the Friant-Kern Canal Capacity
Correction Resulting Subsidence: Provided further, That in accordance
with section 4009(a) of Public Law 114-322 and as recommended by the
Secretary in a letter dated February 13, 2019, funding provided for
such purpose in fiscal years 2017 and 2018 shall be made available to
the Doheny Ocean Desalination Project, the Kay Bailey Hutchison
Desalination Plant, the North Pleasant Valley Desalter Facility and the
Mission Basin Groundwater Purification Facility Well Expansion and
Brine Minimization.
central valley project restoration fund
For carrying out the programs, projects, plans, habitat
restoration, improvement, and acquisition provisions of the Central
Valley Project Improvement Act, $54,849,000, to be derived from such
sums as may be collected in the Central Valley Project Restoration Fund
pursuant to sections 3407(d), 3404(c)(3), and 3405(f) of Public Law
102-575, to remain available until expended: Provided, That the Bureau
of Reclamation is directed to assess and collect the full amount of the
additional mitigation and restoration payments authorized by section
3407(d) of Public Law 102-575: Provided further, That none of the
funds made available under this heading may be used for the acquisition
or leasing of water for in-stream purposes if the water is already
committed to in-stream purposes by a court adopted decree or order.
california bay-delta restoration
(including transfers of funds)
For carrying out activities authorized by the Water Supply,
Reliability, and Environmental Improvement Act, consistent with plans
to be approved by the Secretary of the Interior, $33,000,000, to remain
available until expended, of which such amounts as may be necessary to
carry out such activities may be transferred to appropriate accounts of
other participating Federal agencies to carry out authorized purposes:
Provided, That funds appropriated herein may be used for the Federal
share of the costs of CALFED Program management: Provided further,
That CALFED implementation shall be carried out in a balanced manner
with clear performance measures demonstrating concurrent progress in
achieving the goals and objectives of the Program.
policy and administration
For expenses necessary for policy, administration, and related
functions in the Office of the Commissioner, the Denver office, and
offices in the five regions of the Bureau of Reclamation, to remain
available until September 30, 2021, $60,000,000 (reduced by
$2,000,000), to be derived from the Reclamation Fund and be
nonreimbursable as provided in 43 U.S.C. 377: Provided, That no part
of any other appropriation in this Act shall be available for
activities or functions budgeted as policy and administration expenses.
administrative provision
Appropriations for the Bureau of Reclamation shall be available for
purchase of not to exceed five passenger motor vehicles, which are for
replacement only.
GENERAL PROVISIONS--DEPARTMENT OF THE INTERIOR
Sec. 201. (a) None of the funds provided in this title 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 for any program, project, or activity
for which funds have been denied or restricted by this Act;
(4) restarts or resumes any program, project, or activity
for which funds are not provided in this Act, unless prior
approval is received from the Committees on Appropriations of
both Houses of Congress;
(5) transfers funds in excess of the following limits--
(A) 15 percent for any program, project, or
activity for which $2,000,000 or more is available at
the beginning of the fiscal year; or
(B) $400,000 for any program, project, or activity
for which less than $2,000,000 is available at the
beginning of the fiscal year;
(6) transfers more than $500,000 from either the Facilities
Operation, Maintenance, and Rehabilitation category or the
Resources Management and Development category to any program,
project, or activity in the other category; or
(7) transfers, where necessary to discharge legal
obligations of the Bureau of Reclamation, more than $5,000,000
to provide adequate funds for settled contractor claims,
increased contractor earnings due to accelerated rates of
operations, and real estate deficiency judgments.
(b) Subsection (a)(5) shall not apply to any transfer of funds
within the Facilities Operation, Maintenance, and Rehabilitation
category.
(c) For purposes of this section, the term ``transfer'' means any
movement of funds into or out of a program, project, or activity.
(d) The Bureau of Reclamation shall submit reports on a quarterly
basis to the Committees on Appropriations of both Houses of Congress
detailing all the funds reprogrammed between programs, projects,
activities, or categories of funding. The first quarterly report shall
be submitted not later than 60 days after the date of enactment of this
Act.
Sec. 202. (a) None of the funds appropriated or otherwise made
available by this Act may be used to determine the final point of
discharge for the interceptor drain for the San Luis Unit until
development by the Secretary of the Interior and the State of
California of a plan, which shall conform to the water quality
standards of the State of California as approved by the Administrator
of the Environmental Protection Agency, to minimize any detrimental
effect of the San Luis drainage waters.
(b) The costs of the Kesterson Reservoir Cleanup Program and the
costs of the San Joaquin Valley Drainage Program shall be classified by
the Secretary of the Interior as reimbursable or nonreimbursable and
collected until fully repaid pursuant to the ``Cleanup Program--
Alternative Repayment Plan'' and the ``SJVDP--Alternative Repayment
Plan'' described in the report entitled ``Repayment Report, Kesterson
Reservoir Cleanup Program and San Joaquin Valley Drainage Program,
February 1995'', prepared by the Department of the Interior, Bureau of
Reclamation. Any future obligations of funds by the United States
relating to, or providing for, drainage service or drainage studies for
the San Luis Unit shall be fully reimbursable by San Luis Unit
beneficiaries of such service or studies pursuant to Federal
reclamation law.
Sec. 203. Section 9504(e) of the Omnibus Public Land Management
Act of 2009 (42 U.S.C. 10364(e)) is amended by striking
``$480,000,000'' and inserting ``$510,000,000''.
Sec. 204. Title I of Public Law 108-361 (the CALFED Bay-Delta
Authorization Act) (118 Stat. 1681) is amended by striking ``2019''
each place it appears and inserting ``2020''.
Sec. 205. Section 9106(g)(2) of Public Law 111-11 (Omnibus Public
Land Management Act of 2009) is amended by striking ``2019'' and
inserting ``2020''.
Sec. 206. The Claims Resolution Act of 2010 (Public Law 111-291)
is amended--
(1) in section 309(d), by striking ``2021'' each place it
appears and inserting ``2023''; and
(2) in section 311(h), by striking ``2021'' and inserting
``2023''.
TITLE III
DEPARTMENT OF ENERGY
ENERGY PROGRAMS
Energy Efficiency and Renewable Energy
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and other
expenses necessary for energy efficiency and renewable energy
activities in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion, $2,651,713,000
(increased by $5,000,000) (increased by $5,000,000) (reduced by
$5,000,000) (increased by $2,000,000) (increased by $16,308,000)
(reduced by $16,308,000) (increased by $1,000,000), to remain available
until expended: Provided, That of such amount, $163,521,000 shall be
available until September 30, 2021, for program direction.
Cybersecurity, Energy Security, and Emergency Response
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and other
expenses necessary for energy sector cybersecurity, energy security,
and emergency response activities in carrying out the purposes of the
Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction, or
expansion, $150,000,000 (increased by $3,000,000), to remain available
until expended: Provided, That of such amount, $13,000,000 shall be
available until September 30, 2021, for program direction.
Electricity
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and other
expenses necessary for electricity delivery activities in carrying out
the purposes of the Department of Energy Organization Act (42 U.S.C.
7101 et seq.), including the acquisition or condemnation of any real
property or any facility or for plant or facility acquisition,
construction, or expansion, $200,000,000, to remain available until
expended: Provided, That of such amount, $19,600,000 shall be
available until September 30, 2021, for program direction.
Nuclear Energy
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and other
expenses necessary for nuclear energy activities in carrying out the
purposes of the Department of Energy Organization Act (42 U.S.C. 7101
et seq.), including the acquisition or condemnation of any real
property or any facility or for plant or facility acquisition,
construction, or expansion, $1,317,808,000 (reduced by $1) (increased
by $1) (reduced by $1,317,808,000) (increased by $1,317,808,000)
(increased by $3,000,000) (reduced by $1,000,000) (increased by
$1,000,000), to remain available until expended: Provided, That of
such amount, $80,000,000 shall be available until September 30, 2021,
for program direction.
Fossil Energy Research and Development
For Department of Energy expenses necessary in carrying out fossil
energy research and development activities, under the authority of the
Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition of interest, including defeasible and
equitable interests in any real property or any facility or for plant
or facility acquisition or expansion, and for conducting inquiries,
technological investigations and research concerning the extraction,
processing, use, and disposal of mineral substances without
objectionable social and environmental costs (30 U.S.C. 3, 1602, and
1603), $740,000,000 (reduced by $2,400,000) (reduced by $5,000,000)
(increased by $3,000,000) (increased by $3,000,000), to remain
available until expended: Provided, That of such amount $61,045,000
shall be available until September 30, 2021, for program direction.
Naval Petroleum and Oil Shale Reserves
For Department of Energy expenses necessary to carry out naval
petroleum and oil shale reserve activities, $14,000,000, to remain
available until expended: Provided, That notwithstanding any other
provision of law, unobligated funds remaining from prior years shall be
available for all naval petroleum and oil shale reserve activities.
Strategic Petroleum Reserve
For Department of Energy expenses necessary for Strategic Petroleum
Reserve facility development and operations and program management
activities pursuant to the Energy Policy and Conservation Act (42
U.S.C. 6201 et seq.), $214,000,000, to remain available until expended:
Provided, That, as authorized by section 404 of the Bipartisan Budget
Act of 2015 (Public Law 114-74; 42 U.S.C. 6239 note), the Secretary of
Energy shall draw down and sell not to exceed $450,000,000 of crude oil
from the Strategic Petroleum Reserve in fiscal year 2020: Provided
further, That the proceeds from such drawdown and sale shall be
deposited into the ``Energy Security and Infrastructure Modernization
Fund'' during fiscal year 2020: Provided further, That such amounts
shall be made available and shall remain available until expended for
necessary expenses to carry out the Life Extension II project for the
Strategic Petroleum Reserve.
SPR Petroleum Account
For the acquisition, transportation, and injection of petroleum
products, and for other necessary expenses pursuant to the Energy
Policy and Conservation Act of 1975, as amended (42 U.S.C. 6201 et
seq.), sections 403 and 404 of the Bipartisan Budget Act of 2015 (42
U.S.C. 6241, 6239 note), and section 5010 of the 21st Century Cures Act
(Public Law 114-255), $10,200,000, to remain available until expended.
Northeast Home Heating Oil Reserve
For Department of Energy expenses necessary for Northeast Home
Heating Oil Reserve storage, operation, and management activities
pursuant to the Energy Policy and Conservation Act (42 U.S.C. 6201 et
seq.), $10,000,000, to remain available until expended.
Energy Information Administration
For Department of Energy expenses necessary in carrying out the
activities of the Energy Information Administration, $128,000,000, to
remain available until expended.
Non-Defense Environmental Cleanup
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
expenses necessary for non-defense environmental cleanup activities in
carrying out the purposes of the Department of Energy Organization Act
(42 U.S.C. 7101 et seq.), including the acquisition or condemnation of
any real property or any facility or for plant or facility acquisition,
construction, or expansion, $308,000,000, to remain available until
expended.
Uranium Enrichment Decontamination and Decommissioning Fund
For Department of Energy expenses necessary in carrying out uranium
enrichment facility decontamination and decommissioning, remedial
actions, and other activities of title II of the Atomic Energy Act of
1954, and title X, subtitle A, of the Energy Policy Act of 1992,
$873,479,000, to be derived from the Uranium Enrichment Decontamination
and Decommissioning Fund, to remain available until expended, of which
$30,514,000 shall be available in accordance with title X, subtitle A,
of the Energy Policy Act of 1992.
Science
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and other
expenses necessary for science activities in carrying out the purposes
of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction, or
expansion, and purchase of not more than 33 passenger motor vehicles
including one bus, $6,870,000,000 (reduced by $15,000,000) (increased
by $15,000,000), to remain available until expended: Provided, That of
such amount, $186,000,000 shall be available until September 30, 2021,
for program direction.
Advanced Research Projects Agency--Energy
For Department of Energy expenses necessary in carrying out the
activities authorized by section 5012 of the America COMPETES Act
(Public Law 110-69), $425,000,000 (increased by $3,000,000), to remain
available until expended: Provided, That of such amount, $34,000,000
shall be available until September 30, 2021, for program direction.
Title 17 Innovative Technology Loan Guarantee Program
Such sums as are derived from amounts received from borrowers
pursuant to section 1702(b) of the Energy Policy Act of 2005 under this
heading in prior Acts, shall be collected in accordance with section
502(7) of the Congressional Budget Act of 1974: Provided, That for
necessary administrative expenses of the Title 17 Innovative Technology
Loan Guarantee Program, as authorized, $33,000,000 is appropriated, to
remain available until September 30, 2021: Provided further, That up
to $33,000,000 of fees collected in fiscal year 2020 pursuant to
section 1702(h) of the Energy Policy Act of 2005 shall be credited as
offsetting collections under this heading and used for necessary
administrative expenses in this appropriation and shall remain
available until September 30, 2021: Provided further, That to the
extent that fees collected in fiscal year 2020 exceed $33,000,000,
those excess amounts shall be credited as offsetting collections under
this heading and available in future fiscal years only to the extent
provided in advance in appropriations Acts: Provided further, That the
sum herein appropriated from the general fund shall be reduced: (1) as
such fees are received during fiscal year 2020 (estimated at
$3,000,000); and (2) to the extent that any remaining general fund
appropriations can be derived from fees collected in previous fiscal
years that are not otherwise appropriated, so as to result in a final
fiscal year 2020 appropriation from the general fund estimated at $0:
Provided further, That the Department of Energy shall not subordinate
any loan obligation to other financing in violation of section 1702 of
the Energy Policy Act of 2005 or subordinate any Guaranteed Obligation
to any loan or other debt obligations in violation of section 609.10 of
title 10, Code of Federal Regulations.
Advanced Technology Vehicles Manufacturing Loan Program
For Department of Energy administrative expenses necessary in
carrying out the Advanced Technology Vehicles Manufacturing Loan
Program, $5,000,000, to remain available until September 30, 2021.
Tribal Energy Loan Guarantee Program
For Department of Energy administrative expenses necessary in
carrying out the Tribal Energy Loan Guarantee Program, $1,000,000, to
remain available until September 30, 2021.
Office of Indian Energy Policy and Programs
For necessary expenses for Indian Energy activities in carrying out
the purposes of the Department of Energy Organization Act (42 U.S.C.
7101 et seq.), $25,000,000 (increased by $2,000,000), to remain
available until expended: Provided, That, of the amount appropriated
under this heading, $4,800,000 shall be available until September 30,
2021, for program direction.
Departmental Administration
For salaries and expenses of the Department of Energy necessary for
departmental administration in carrying out the purposes of the
Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
$264,378,000 (reduced by $3,000,000) (reduced by $3,000,000) (reduced
by $3,000,000) (reduced by $3,000,000) (reduced by $2,000,000) (reduced
by $3,000,000) (reduced by $3,000,000) (reduced by $1,000,000), to
remain available until September 30, 2021, including the hire of
passenger motor vehicles and official reception and representation
expenses not to exceed $30,000, plus such additional amounts as
necessary to cover increases in the estimated amount of cost of work
for others notwithstanding the provisions of the Anti-Deficiency Act
(31 U.S.C. 1511 et seq.): Provided, That such increases in cost of
work are offset by revenue increases of the same or greater amount:
Provided further, That moneys received by the Department for
miscellaneous revenues estimated to total $93,378,000 in fiscal year
2020 may be retained and used for operating expenses within this
account, as authorized by section 201 of Public Law 95-238,
notwithstanding the provisions of 31 U.S.C. 3302: Provided further,
That the sum herein appropriated shall be reduced as collections are
received during the fiscal year so as to result in a final fiscal year
2020 appropriation from the general fund estimated at not more than
$171,000,000.
Office of the Inspector General
For expenses necessary for the Office of the Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$54,215,000, to remain available until September 30, 2021.
ATOMIC ENERGY DEFENSE ACTIVITIES
NATIONAL NUCLEAR SECURITY ADMINISTRATION
Weapons Activities
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
incidental expenses necessary for atomic energy defense weapons
activities in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion, and the purchase of
not to exceed one ambulance for replacement only, $11,760,800,000
(increased by $123,000,000) (reduced by $123,000,000), to remain
available until expended: Provided, That of such amount, $107,660,000
shall be available until September 30, 2021, for program direction.
Defense Nuclear Nonproliferation
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
incidental expenses necessary for defense nuclear nonproliferation
activities, in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion, and the purchase of
not to exceed two aircraft, $2,079,930,000 (reduced by $5,000,000)
(increased by $5,000,000), to remain available until expended.
Naval Reactors
(including transfer of funds)
For Department of Energy expenses necessary for naval reactors
activities to carry out the Department of Energy Organization Act (42
U.S.C. 7101 et seq.), including the acquisition (by purchase,
condemnation, construction, or otherwise) of real property, plant, and
capital equipment, facilities, and facility expansion, $1,628,551,000,
to remain available until expended, of which, $88,500,000 shall be
transferred to ``Department of Energy--Energy Programs--Nuclear
Energy'', for the Advanced Test Reactor: Provided, That of such
amount, $50,500,000 shall be available until September 30, 2021, for
program direction.
Federal Salaries and Expenses
For expenses necessary for Federal Salaries and Expenses in the
National Nuclear Security Administration, $425,000,000, to remain
available until September 30, 2021, including official reception and
representation expenses not to exceed $17,000.
ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES
Defense Environmental Cleanup
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
expenses necessary for atomic energy defense environmental cleanup
activities in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion, $5,993,650,000
(reduced by $6,500,000) (increased by $6,500,000), to remain available
until expended: Provided, That of such amount, $298,500,000 shall be
available until September 30, 2021, for program direction.
Other Defense Activities
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
expenses, necessary for atomic energy defense, other defense
activities, and classified activities, in carrying out the purposes of
the Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction, or
expansion, $901,261,000, to remain available until expended: Provided,
That of such amount, $324,798,000 shall be available until September
30, 2021, for program direction.
POWER MARKETING ADMINISTRATIONS
Bonneville Power Administration Fund
Expenditures from the Bonneville Power Administration Fund,
established pursuant to Public Law 93-454, are approved for the
Steigerwald Floodplain Restoration Project and, in addition, for
official reception and representation expenses in an amount not to
exceed $5,000: Provided, That during fiscal year 2020, no new direct
loan obligations may be made: Provided further, Expenditures from the
Bonneville Power Administration Fund, established pursuant to Public
Law 93-454 are authorized and approved, without fiscal year limitation,
for the cost of current and future year purchases or payments of
emissions expenses associated with Bonneville Power Administration
power and transmission operations in states with clean energy programs:
Provided further, This expenditure authorization is limited solely to
Bonneville Power Administration's voluntary purchase or payments made
in conjunction with state clean energy programs and is not a broader
waiver of Bonneville Power Administration's sovereign immunity.
Operation and Maintenance, Southeastern Power Administration
For expenses necessary for operation and maintenance of power
transmission facilities and for marketing electric power and energy,
including transmission wheeling and ancillary services, pursuant to
section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), as applied
to the southeastern power area, $6,597,000, including official
reception and representation expenses in an amount not to exceed
$1,500, to remain available until expended: Provided, That
notwithstanding 31 U.S.C. 3302 and section 5 of the Flood Control Act
of 1944, up to $6,597,000 collected by the Southeastern Power
Administration from the sale of power and related services shall be
credited to this account as discretionary offsetting collections, to
remain available until expended for the sole purpose of funding the
annual expenses of the Southeastern Power Administration: Provided
further, That the sum herein appropriated for annual expenses shall be
reduced as collections are received during the fiscal year so as to
result in a final fiscal year 2020 appropriation estimated at not more
than $0: Provided further, That notwithstanding 31 U.S.C. 3302, up to
$56,000,000 collected by the Southeastern Power Administration pursuant
to the Flood Control Act of 1944 to recover purchase power and wheeling
expenses shall be credited to this account as offsetting collections,
to remain available until expended for the sole purpose of making
purchase power and wheeling expenditures: Provided further, That for
purposes of this appropriation, annual expenses means expenditures that
are generally recovered in the same year that they are incurred
(excluding purchase power and wheeling expenses).
Operation and Maintenance, Southwestern Power Administration
For expenses necessary for operation and maintenance of power
transmission facilities and for marketing electric power and energy,
for construction and acquisition of transmission lines, substations and
appurtenant facilities, and for administrative expenses, including
official reception and representation expenses in an amount not to
exceed $1,500 in carrying out section 5 of the Flood Control Act of
1944 (16 U.S.C. 825s), as applied to the Southwestern Power
Administration, $47,775,000, to remain available until expended:
Provided, That notwithstanding 31 U.S.C. 3302 and section 5 of the
Flood Control Act of 1944 (16 U.S.C. 825s), up to $37,375,000 collected
by the Southwestern Power Administration from the sale of power and
related services shall be credited to this account as discretionary
offsetting collections, to remain available until expended, for the
sole purpose of funding the annual expenses of the Southwestern Power
Administration: Provided further, That the sum herein appropriated for
annual expenses shall be reduced as collections are received during the
fiscal year so as to result in a final fiscal year 2020 appropriation
estimated at not more than $10,400,000: Provided further, That
notwithstanding 31 U.S.C. 3302, up to $15,000,000 collected by the
Southwestern Power Administration pursuant to the Flood Control Act of
1944 to recover purchase power and wheeling expenses shall be credited
to this account as offsetting collections, to remain available until
expended for the sole purpose of making purchase power and wheeling
expenditures: Provided further, That for purposes of this
appropriation, annual expenses means expenditures that are generally
recovered in the same year that they are incurred (excluding purchase
power and wheeling expenses).
Construction, Rehabilitation, Operation and Maintenance, Western Area
Power Administration
(including rescission of funds)
For carrying out the functions authorized by title III, section
302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C. 7152), and other
related activities including conservation and renewable resources
programs as authorized, $262,959,000, including official reception and
representation expenses in an amount not to exceed $1,500, to remain
available until expended, of which $262,959,000 shall be derived from
the Department of the Interior Reclamation Fund: Provided, That
notwithstanding 31 U.S.C. 3302, section 5 of the Flood Control Act of
1944 (16 U.S.C. 825s), and section 1 of the Interior Department
Appropriation Act, 1939 (43 U.S.C. 392a), up to $173,587,000 collected
by the Western Area Power Administration from the sale of power and
related services shall be credited to this account as discretionary
offsetting collections, to remain available until expended, for the
sole purpose of funding the annual expenses of the Western Area Power
Administration: Provided further, That the sum herein appropriated for
annual expenses shall be reduced as collections are received during the
fiscal year so as to result in a final fiscal year 2020 appropriation
estimated at not more than $89,372,000, of which $89,372,000 is derived
from the Reclamation Fund: Provided further, That notwithstanding 31
U.S.C. 3302, up to $168,000,000 collected by the Western Area Power
Administration pursuant to the Flood Control Act of 1944 and the
Reclamation Project Act of 1939 to recover purchase power and wheeling
expenses shall be credited to this account as offsetting collections,
to remain available until expended for the sole purpose of making
purchase power and wheeling expenditures: Provided further, That for
purposes of this appropriation, annual expenses means expenditures that
are generally recovered in the same year that they are incurred
(excluding purchase power and wheeling expenses): Provided further,
That of the unobligated balances from prior year appropriations
available under this heading, $176,000 is hereby permanently cancelled.
Falcon and Amistad Operating and Maintenance Fund
For operation, maintenance, and emergency costs for the
hydroelectric facilities at the Falcon and Amistad Dams, $3,160,000, to
remain available until expended, and to be derived from the Falcon and
Amistad Operating and Maintenance Fund of the Western Area Power
Administration, as provided in section 2 of the Act of June 18, 1954
(68 Stat. 255): Provided, That notwithstanding the provisions of that
Act and of 31 U.S.C. 3302, up to $2,932,000 collected by the Western
Area Power Administration from the sale of power and related services
from the Falcon and Amistad Dams shall be credited to this account as
discretionary offsetting collections, to remain available until
expended for the sole purpose of funding the annual expenses of the
hydroelectric facilities of these Dams and associated Western Area
Power Administration activities: Provided further, That the sum herein
appropriated for annual expenses shall be reduced as collections are
received during the fiscal year so as to result in a final fiscal year
2020 appropriation estimated at not more than $228,000: Provided
further, That for purposes of this appropriation, annual expenses means
expenditures that are generally recovered in the same year that they
are incurred: Provided further, That for fiscal year 2020, the
Administrator of the Western Area Power Administration may accept up to
$1,187,000 in funds contributed by United States power customers of the
Falcon and Amistad Dams for deposit into the Falcon and Amistad
Operating and Maintenance Fund, and such funds shall be available for
the purpose for which contributed in like manner as if said sums had
been specifically appropriated for such purpose: Provided further,
That any such funds shall be available without further appropriation
and without fiscal year limitation for use by the Commissioner of the
United States Section of the International Boundary and Water
Commission for the sole purpose of operating, maintaining, repairing,
rehabilitating, replacing, or upgrading the hydroelectric facilities at
these Dams in accordance with agreements reached between the
Administrator, Commissioner, and the power customers.
Federal Energy Regulatory Commission
salaries and expenses
For expenses necessary for the Federal Energy Regulatory Commission
to carry out the provisions of the Department of Energy Organization
Act (42 U.S.C. 7101 et seq.), including services as authorized by 5
U.S.C. 3109, official reception and representation expenses not to
exceed $3,000, and the hire of passenger motor vehicles, $382,000,000
(reduced by $500,000) (increased by $500,000), to remain available
until expended: Provided, That notwithstanding any other provision of
law, not to exceed $382,000,000 of revenues from fees and annual
charges, and other services and collections in fiscal year 2020 shall
be retained and used for expenses necessary in this account, and shall
remain available until expended: Provided further, That the sum herein
appropriated from the general fund shall be reduced as revenues are
received during fiscal year 2020 so as to result in a final fiscal year
2020 appropriation from the general fund estimated at not more than $0.
GENERAL PROVISIONS--DEPARTMENT OF ENERGY
(including transfers of funds)
Sec. 301. (a) No appropriation, funds, or authority made available
by this title for the Department of Energy shall be used to initiate or
resume any program, project, or activity or to prepare or initiate
Requests For Proposals or similar arrangements (including Requests for
Quotations, Requests for Information, and Funding Opportunity
Announcements) for a program, project, or activity if the program,
project, or activity has not been funded by Congress.
(b)(1) Unless the Secretary of Energy notifies the Committees on
Appropriations of both Houses of Congress at least 3 full business days
in advance, none of the funds made available in this title may be used
to--
(A) make a grant allocation or discretionary grant award
totaling $1,000,000 or more;
(B) make a discretionary contract award or Other
Transaction Agreement totaling $1,000,000 or more, including a
contract covered by the Federal Acquisition Regulation;
(C) issue a letter of intent to make an allocation, award,
or Agreement in excess of the limits in subparagraph (A) or
(B); or
(D) announce publicly the intention to make an allocation,
award, or Agreement in excess of the limits in subparagraph (A)
or (B).
(2) The Secretary of Energy shall submit to the Committees on
Appropriations of both Houses of Congress within 15 days of the
conclusion of each quarter a report detailing each grant allocation or
discretionary grant award totaling less than $1,000,000 provided during
the previous quarter.
(3) The notification required by paragraph (1) and the report
required by paragraph (2) shall include the recipient of the award, the
amount of the award, the fiscal year for which the funds for the award
were appropriated, the account and program, project, or activity from
which the funds are being drawn, the title of the award, and a brief
description of the activity for which the award is made.
(c) The Department of Energy may not, with respect to any program,
project, or activity that uses budget authority made available in this
title under the heading ``Department of Energy--Energy Programs'',
enter into a multiyear contract, award a multiyear grant, or enter into
a multiyear cooperative agreement unless--
(1) the contract, grant, or cooperative agreement is funded
for the full period of performance as anticipated at the time
of award; or
(2) the contract, grant, or cooperative agreement includes
a clause conditioning the Federal Government's obligation on
the availability of future year budget authority and the
Secretary notifies the Committees on Appropriations of both
Houses of Congress at least 3 days in advance.
(d) Except as provided in subsections (e), (f), and (g), the
amounts made available by this title shall be expended as authorized by
law for the programs, projects, and activities specified in the
``Bill'' column in the ``Department of Energy'' table included under
the heading ``Title III--Department of Energy'' in the report of the
Committee on Appropriations accompanying this Act.
(e) The amounts made available by this title may be reprogrammed
for any program, project, or activity, and the Department shall notify
the Committees on Appropriations of both Houses of Congress at least 30
days prior to the use of any proposed reprogramming that would cause
any program, project, or activity funding level to increase or decrease
by more than $5,000,000 or 10 percent, whichever is less, during the
time period covered by this Act.
(f) None of the funds provided in this title shall be available for
obligation or expenditure through a reprogramming of funds that--
(1) creates, initiates, or eliminates a program, project,
or activity;
(2) increases funds or personnel for any program, project,
or activity for which funds are denied or restricted by this
Act; or
(3) reduces funds that are directed to be used for a
specific program, project, or activity by this Act.
(g)(1) The Secretary of Energy may waive any requirement or
restriction in this section that applies to the use of funds made
available for the Department of Energy if compliance with such
requirement or restriction would pose a substantial risk to human
health, the environment, welfare, or national security.
(2) The Secretary of Energy shall notify the Committees on
Appropriations of both Houses of Congress of any waiver under paragraph
(1) as soon as practicable, but not later than 3 days after the date of
the activity to which a requirement or restriction would otherwise have
applied. Such notice shall include an explanation of the substantial
risk under paragraph (1) that permitted such waiver.
(h) The unexpended balances of prior appropriations provided for
activities in this Act may be available to the same appropriation
accounts for such activities established pursuant to this title.
Available balances may be merged with funds in the applicable
established accounts and thereafter may be accounted for as one fund
for the same time period as originally enacted.
Sec. 302. Funds appropriated by this or any other Act, or made
available by the transfer of funds in this Act, for intelligence
activities are deemed to be specifically authorized by the Congress for
purposes of section 504 of the National Security Act of 1947 (50 U.S.C.
3094) during fiscal year 2020 until the enactment of the Intelligence
Authorization Act for fiscal year 2020.
Sec. 303. None of the funds made available in this title shall be
used for the construction of facilities classified as high-hazard
nuclear facilities under 10 CFR Part 830 unless independent oversight
is conducted by the Office of Enterprise Assessments to ensure the
project is in compliance with nuclear safety requirements.
Sec. 304. None of the funds made available in this title may be
used to approve critical decision-2 or critical decision-3 under
Department of Energy Order 413.3B, or any successive departmental
guidance, for construction projects where the total project cost
exceeds $100,000,000, until a separate independent cost estimate has
been developed for the project for that critical decision.
Sec. 305. (a) None of the funds made available in this or any prior
Act under the heading ``Defense Nuclear Nonproliferation'' may be made
available to enter into new contracts with, or new agreements for
Federal assistance to, the Russian Federation.
(b) The Secretary of Energy may waive the prohibition in subsection
(a) if the Secretary determines that such activity is in the national
security interests of the United States. This waiver authority may not
be delegated.
(c) A waiver under subsection (b) shall not be effective until 15
days after the date on which the Secretary submits to the Committees on
Appropriations of both Houses of Congress, in classified form if
necessary, a report on the justification for the waiver.
Sec. 306. Notwithstanding section 161 of the Energy Policy and
Conservation Act (42 U.S.C. 6241), upon a determination by the
President in this fiscal year that a regional supply shortage of
refined petroleum product of significant scope and duration exists,
that a severe increase in the price of refined petroleum product will
likely result from such shortage, and that a draw down and sale of
refined petroleum product would assist directly and significantly in
reducing the adverse impact of such shortage, the Secretary of Energy
may draw down and sell refined petroleum product from the Strategic
Petroleum Reserve. Proceeds from a sale under this section shall be
deposited into the SPR Petroleum Account established in section 167 of
the Energy Policy and Conservation Act (42 U.S.C. 6247), and such
amounts shall be available for obligation, without fiscal year
limitation, consistent with that section.
Sec. 307. Of the offsetting collections, including unobligated
balances of such collections, in the ``Department of Energy--Power
Marketing Administration--Colorado River Basins Power Marketing Fund,
Western Area Power Administration'', $21,400,000 shall be transferred
to the ``Department of Interior--Bureau of Reclamation--Upper Colorado
River Basin Fund'' for the Bureau of Reclamation to carry out
environmental stewardship and endangered species recovery efforts.
Sec. 308. Section 5(b) of Public Law 110-414 is amended by adding
after paragraph (2) the following new paragraph: ``(3) MERCURY STORAGE
REVOLVING FUND. There is hereby established the Mercury Storage
Revolving Fund which shall be available without fiscal year limitation.
Notwithstanding section 3302 of title 31, United States Code, receipts
received from fees described under this subsection shall be credited to
this account as offsetting collections, to be available for carrying
out the long-term management and storage of elemental mercury generated
within the United States without further appropriation.''.
Sec. 309. During fiscal year 2020 and each fiscal year thereafter,
notwithstanding any provision of title 5, United States Code, relating
to classification or rates of pay, the Southeastern Power
Administration shall pay any power system dispatcher employed by the
Administration a rate of basic pay and premium pay based on those
prevailing for similar occupations in the electric power industry.
Basic pay and premium pay may not be paid under this section to any
individual during a calendar year so as to result in a total rate in
excess of the rate of basic pay for level V of the Executive Schedule
(section 5316 of such title).
TITLE IV
INDEPENDENT AGENCIES
Appalachian Regional Commission
For expenses necessary to carry out the programs authorized by the
Appalachian Regional Development Act of 1965, and for expenses
necessary for the Federal Co-Chairman and the Alternate on the
Appalachian Regional Commission, for payment of the Federal share of
the administrative expenses of the Commission, including services as
authorized by section 3109 of title 5, United States Code, and hire of
passenger motor vehicles, $170,000,000, to remain available until
expended.
Defense Nuclear Facilities Safety Board
salaries and expenses
For expenses necessary for the Defense Nuclear Facilities Safety
Board in carrying out activities authorized by the Atomic Energy Act of
1954, as amended by Public Law 100-456, section 1441, $31,000,000, to
remain available until September 30, 2021.
Delta Regional Authority
salaries and expenses
For expenses necessary for the Delta Regional Authority and to
carry out its activities, as authorized by the Delta Regional Authority
Act of 2000, $15,000,000, to remain available until expended.
Denali Commission
For expenses necessary for the Denali Commission including the
purchase, construction, and acquisition of plant and capital equipment
as necessary and other expenses, $15,000,000, to remain available until
expended, notwithstanding the limitations contained in section 306(g)
of the Denali Commission Act of 1998: Provided, That funds shall be
available for construction projects in an amount not to exceed 80
percent of total project cost for distressed communities, as defined by
section 307 of the Denali Commission Act of 1998 (division C, title
III, Public Law 105-277), as amended by section 701 of appendix D,
title VII, Public Law 106-113 (113 Stat. 1501A-280), and an amount not
to exceed 50 percent for non-distressed communities: Provided further,
That notwithstanding any other provision of law regarding payment of a
non-Federal share in connection with a grant-in-aid program, amounts
under this heading shall be available for the payment of such a non-
Federal share for programs undertaken to carry out the purposes of the
Commission.
Northern Border Regional Commission
For expenses necessary for the Northern Border Regional Commission
in carrying out activities authorized by subtitle V of title 40, United
States Code, $22,000,000 (increased by $3,000,000), to remain available
until expended: Provided, That such amounts shall be available for
administrative expenses, notwithstanding section 15751(b) of title 40,
United States Code.
Southeast Crescent Regional Commission
For expenses necessary for the Southeast Crescent Regional
Commission in carrying out activities authorized by subtitle V of title
40, United States Code, $250,000, to remain available until expended.
Nuclear Regulatory Commission
salaries and expenses
For expenses necessary for the Commission in carrying out the
purposes of the Energy Reorganization Act of 1974 and the Atomic Energy
Act of 1954, $885,236,000, including official representation expenses
not to exceed $25,000, to remain available until expended: Provided,
That of the amount appropriated herein, not more than $9,500,000 may be
made available for salaries, travel, and other support costs for the
Office of the Commission, to remain available until September 30, 2021,
of which, notwithstanding section 201(a)(2)(c) of the Energy
Reorganization Act of 1974 (42 U.S.C. 5841(a)(2)(c)), the use and
expenditure shall only be approved by a majority vote of the
Commission: Provided further, That revenues from licensing fees,
inspection services, and other services and collections estimated at
$757,589,000 in fiscal year 2020 shall be retained and used for
necessary salaries and expenses in this account, notwithstanding 31
U.S.C. 3302, and shall remain available until expended: Provided
further, That of the amounts appropriated under this heading, not less
than $15,478,000 shall be for activities related to the development of
regulatory infrastructure for advanced nuclear technologies, and
$12,492,000 shall be for international activities, except that the
amounts provided under this proviso shall not be derived from fee
revenues, notwithstanding 42 U.S.C. 2214: Provided further, That the
sum herein appropriated shall be reduced by the amount of revenues
received during fiscal year 2020 so as to result in a final fiscal year
2020 appropriation estimated at not more than $127,647,000: Provided
further, That of the amounts appropriated under this heading,
$10,500,000 shall be for university research and development in areas
relevant to the Commission's mission, and $5,500,000 shall be for a
Nuclear Science and Engineering Grant Program that will support
multiyear projects that do not align with programmatic missions but are
critical to maintaining the discipline of nuclear science and
engineering.
office of inspector general
For expenses necessary for the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$13,314,000, to remain available until September 30, 2021: Provided,
That revenues from licensing fees, inspection services, and other
services and collections estimated at $10,929,000 in fiscal year 2020
shall be retained and be available until September 30, 2021, for
necessary salaries and expenses in this account, notwithstanding
section 3302 of title 31, United States Code: Provided further, That
the sum herein appropriated shall be reduced by the amount of revenues
received during fiscal year 2020 so as to result in a final fiscal year
2020 appropriation estimated at not more than $2,385,000: Provided
further, That of the amounts appropriated under this heading,
$1,171,000 shall be for Inspector General services for the Defense
Nuclear Facilities Safety Board, which shall not be available from fee
revenues.
Nuclear Waste Technical Review Board
salaries and expenses
For expenses necessary for the Nuclear Waste Technical Review
Board, as authorized by Public Law 100-203, section 5051, $3,600,000,
to be derived from the Nuclear Waste Fund, to remain available until
September 30, 2021.
GENERAL PROVISIONS--INDEPENDENT AGENCIES
Sec. 401. The Nuclear Regulatory Commission shall comply with the
July 5, 2011, version of Chapter VI of its Internal Commission
Procedures when responding to Congressional requests for information,
consistent with Department of Justice guidance for all federal
agencies.
Sec. 402. (a) The amounts made available by this title for the
Nuclear Regulatory Commission may be reprogrammed for any program,
project, or activity, and the Commission shall notify the Committees on
Appropriations of both Houses of Congress at least 30 days prior to the
use of any proposed reprogramming that would cause any program funding
level to increase or decrease by more than $500,000 or 10 percent,
whichever is less, during the time period covered by this Act.
(b)(1) The Nuclear Regulatory Commission may waive the notification
requirement in subsection (a) if compliance with such requirement would
pose a substantial risk to human health, the environment, welfare, or
national security.
(2) The Nuclear Regulatory Commission shall notify the Committees
on Appropriations of both Houses of Congress of any waiver under
paragraph (1) as soon as practicable, but not later than 3 days after
the date of the activity to which a requirement or restriction would
otherwise have applied. Such notice shall include an explanation of the
substantial risk under paragraph (1) that permitted such waiver and
shall provide a detailed report to the Committees of such waiver and
changes to funding levels to programs, projects, or activities.
(c) Except as provided in subsections (a), (b), and (d), the
amounts made available by this title for ``Nuclear Regulatory
Commission--Salaries and Expenses'' shall be expended as directed in
the report of the Committee on Appropriations accompanying this Act.
(d) None of the funds provided for the Nuclear Regulatory
Commission shall be available for obligation or expenditure through a
reprogramming of funds that increases funds or personnel for any
program, project, or activity for which funds are denied or restricted
by this Act.
(e) The Commission shall provide a monthly report to the Committees
on Appropriations of both Houses of Congress, which includes the
following for each program, project, or activity, including any prior
year appropriations--
(1) total budget authority;
(2) total unobligated balances; and
(3) total unliquidated obligations.
TITLE V
GENERAL PROVISIONS
(including transfer of funds)
Sec. 501. None of the funds appropriated by this Act may be used
in any way, directly or indirectly, to influence congressional action
on any legislation or appropriation matters pending before Congress,
other than to communicate to Members of Congress as described in 18
U.S.C. 1913.
Sec. 502. (a) None of the funds made available in title III of this
Act may be transferred to any department, agency, or instrumentality of
the United States Government, except pursuant to a transfer made by or
transfer authority provided in this Act or any other appropriations Act
for any fiscal year, transfer authority referenced in the report of the
Committee on Appropriations accompanying this Act, or any authority
whereby a department, agency, or instrumentality of the United States
Government may provide goods or services to another department, agency,
or instrumentality.
(b) None of the funds made available for any department, agency, or
instrumentality of the United States Government may be transferred to
accounts funded in title III of this Act, except pursuant to a transfer
made by or transfer authority provided in this Act or any other
appropriations Act for any fiscal year, transfer authority referenced
in the report of the Committee on Appropriations accompanying this Act,
or any authority whereby a department, agency, or instrumentality of
the United States Government may provide goods or services to another
department, agency, or instrumentality.
(c) The head of any relevant department or agency funded in this
Act utilizing any transfer authority shall submit to the Committees on
Appropriations of both Houses of Congress a semiannual report detailing
the transfer authorities, except for any authority whereby a
department, agency, or instrumentality of the United States Government
may provide goods or services to another department, agency, or
instrumentality, used in the previous 6 months and in the year-to-date.
This report shall include the amounts transferred and the purposes for
which they were transferred, and shall not replace or modify existing
notification requirements for each authority.
Sec. 503. None of the funds made available by this Act may be used
in contravention of Executive Order No. 12898 of February 11, 1994
(Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations).
Sec. 504. (a) None of the funds made available in this Act may be
used to maintain or establish a computer network unless such network
blocks the viewing, downloading, and exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law enforcement
agency or any other entity carrying out criminal investigations,
prosecution, or adjudication activities.
Sec. 505. Except as expressly provided otherwise, any reference to
``this Act'' contained in this division shall be treated as referring
only to the provisions of this division.
Sec. 506. Any reference to a ``report accompanying this Act''
contained in this division shall be treated as a reference to House
Report 116-83. The effect of such Report shall be limited to this
division and shall apply for purposes of determining the allocation of
funds provided by, and the implementation of, this division.
Sec. 507. None of the funds made available by this Act may be used
to issue a permit under section 404 of the Federal Water Pollution
Control Act for the discharge of dredged or fill material from a
project located within Water Conservation Areas 3A and 3B in the State
of Florida.
Sec. 508. None of the funds made available by this Act may be used
to finalize the proposed rule entitled ``Energy Conservation Program:
Energy Conservation Standards for General Service Lamps'' published by
the Department of Energy in the Federal Register on February 11, 2019
(84 Fed. Reg. 3120).
Sec. 509. None of the funds made available by this Act may be used
to reject any application for a grant available under funds
appropriated by this Act because of the use of the term ``global
warming'' or the term ``climate change'' in the application.
Sec. 510. None of the funds made available by this Act may be used
by the Secretary of Energy to make a guarantee under section 1703 of
the Energy Policy Act of 2005 (42 U.S.C. 16513) for a project that does
not avoid, reduce, or sequester air pollutants or anthropogenic
emissions of greenhouse gases.
Sec. 511. None of the funds made available by this Act may be used
to finalize the environmental impact statement for the proposed Pebble
Project (POA-2017-271).
This Act may be cited as the ``Energy and Water Development and
Related Agencies Appropriations Act, 2020''.
Passed the House of Representatives June 19, 2019.
Attest:
CHERYL L. JOHNSON,
Clerk.
Calendar No. 140
116th CONGRESS
1st Session
H. R. 2740
_______________________________________________________________________
AN ACT
Making appropriations for the Departments of Labor, Health and Human
Services, and Education, and related agencies for the fiscal year
ending September 30, 2020, and for other purposes.
_______________________________________________________________________
July 10, 2019
Read the second time and placed on the calendar