[Pages H5108-H5138]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS ACT, 2020
The SPEAKER pro tempore. Pursuant to House Resolution 460 and rule
XVIII, the Chair declares the House in the Committee of the Whole House
on the state of the Union for the further consideration of the bill,
H.R. 3351.
Will the gentleman from Massachusetts (Mr. Keating) kindly resume the
chair.
{time} 1528
In the Committee of the Whole
Accordingly, the House resolved itself into the Committee of the
Whole House on the state of the Union for the further consideration of
the bill (H.R. 3351) making appropriations for financial services and
general government for the fiscal year ending September 30, 2020, and
for other purposes, with Mr. Keating in the chair.
The Clerk read the title of the bill.
The CHAIR. When the Committee of the Whole rose earlier today, 31
minutes remained in general debate.
The gentleman from Illinois (Mr. Quigley) has 13\1/2\ minutes
remaining. The gentleman from Georgia (Mr. Graves) has 17\1/2\ minutes
remaining.
Mr. QUIGLEY. Mr. Chairman, I yield 4 minutes to the gentleman from
Pennsylvania (Mr. Cartwright), a member of the Financial Services and
General Government Subcommittee.
Mr. CARTWRIGHT. Mr. Chairman, as a member of the subcommittee, I rise
today to discuss the importance of the Financial Services and General
Government bill, FSGG.
First, I would like to thank Chairman Quigley for his leadership on
the subcommittee and for his work on the bill. I would also like to
thank Ranking Member Graves for all that he has done to ensure this
bill receives its proper airing and reaches the floor and for his
support on several provisions in the bill.
The FSGG bill supports a broad range of functions and services in
both the executive and judicial branches that are essential to the
operation of our Federal Government. The FSGG bill supports programs
that assist and protect the public, such as shielding consumers from
defective and dangerous products, assisting small businesses, investing
in distressed communities, and ensuring the integrity of Federal
elections. This bill includes significant funding to support these
critical functions.
{time} 1530
One especially important provision the workers in my district
appreciate is the increase in the Federal civilian pay by 3.1 percent
in FY 2020. This pay increase means so much to the hardworking men and
women in our Nation who struggle to make ends meet while serving our
Nation. For far too long, Federal workers have been shortchanged by the
work they do, and their wages have not kept up with the changes in our
country's cost of living.
Importantly, this FSGG bill is also about improving our economy. From
increased funding for the IRS to assist taxpayers and bolster
enforcement, to supporting the Small Business Administration to help
small businesses develop and expand throughout the country, this bill
will make our economy stronger for everyday Americans.
Mr. Chairman, another important program I would like to highlight in
the bill is the funding for the Office of National Drug Control Policy.
My home State of Pennsylvania, like so many others across the Nation,
has suffered severely from the effects of the opioid crisis. To help
combat this crisis, the ONDCP receives $100.5 million for the Drug-Free
Communities
[[Page H5109]]
program, along with $300 million for the High Intensity Drug
Trafficking Areas program in the bill.
Notably, these funding levels are a rejection of the administration's
proposed transfer or elimination of the ONDCP grant programs. It is
vital that we continue to support these programs, which help fight
addiction issues in communities across this Nation.
Finally, this FSGG bill takes an important step in improving election
security and integrity. In the last Presidential election, we saw
unprecedented interference with our election system, an issue that we,
as a Congress, must address in the strongest of terms in support and
defense of our national sovereignty. We cannot, and will not, allow any
foreign power to harm our democracy. It rests solely in the hands of
the American people.
To that end, the FSGG bill provides $600 million to the Election
Assistance Commission. This commission deals with issues that are
extraordinarily important to this Nation, conducting reliable, secure,
and accessible elections. The integrity of American elections should
not be a partisan matter.
Mr. Chairman, for these reasons, I am proud to support this bill as
it comes to the floor today, and I urge my colleagues to do the same.
Mr. GRAVES of Georgia. Mr. Chairman, I continue to reserve the
balance of my time.
Mr. QUIGLEY. Mr. Chairman, I yield 3 minutes to the gentlewoman from
California (Mrs. Torres), a member of the Financial Services
Subcommittee.
Mrs. TORRES of California. Mr. Chairman, I thank Chairman Quigley and
Ranking Member Graves for their hard work on the Financial Services and
General Government Appropriations bill. This legislation prioritizes
public safety and invests in underserved communities like the ones that
I represent.
I am especially grateful to the chairman for increasing funding to
the High Intensity Drug Trafficking Areas program at its highest
possible level. Drug trafficking is a major challenge for my district.
It brings violence and crime to our streets. It is flooding our
communities and schools with harmful, illegal drugs like cocaine,
methamphetamine, and opioids.
Our local law enforcement is the first line of defense. They
understand what is going on in our neighborhoods, in our schools, and
in our families.
What I appreciate so much about HIDTA is that it creates a real
partnership, a partnership between local law enforcement, State
agencies, and Federal enforcement agencies. It provides them with
important resources to bring to the fight against illegal drugs. It
also supports prevention and education campaigns to ensure that our
children do not suffer from addiction and deadly overdoses.
On the subject of public safety, I am encouraged that this bill
prevents the administration from raiding funds from the Treasury
Department's asset forfeiture funds. These are funds that our local
police departments can use to purchase better equipment and keep our
communities safe.
Another way to strengthen public safety is by financially investing
in our local communities. I am pleased that the bill rejects President
Trump's proposal to cut funding for community development financial
institutions by 94 percent.
Mr. Chairman, I look forward to the swift passage of the Financial
Services and General Government Appropriations bill.
Mr. GRAVES of Georgia. Mr. Chairman, I yield myself such time as I
may consume.
Mr. Chairman, I would like to just highlight one little point there.
I really enjoy working with Mrs. Torres. She is a great addition to the
committee this year and spends a lot of time in the Rules Committee, so
she hears a lot of the different issues that we all discuss. But the
forfeiture fund--I think this is a really important point to
highlight--wouldn't necessarily go to local law enforcement. These are
funds that are collected from criminals that the administration was
going to use to stop criminals.
What better way to secure our Nation than using the funds that have
been forfeited by criminals to stop future criminals. This bill
eliminates that ability of the administration to do that. I feel like
that was $290-plus million that could go to better invest in securing
our southern border and, unfortunately, this bill has removed that.
Mr. Chairman, I reserve the balance of my time.
Mr. QUIGLEY. Mr. Chairman, I yield 3 minutes to the gentlewoman from
California (Ms. Lee), a member of the Appropriations Committee.
Ms. LEE of California. Mr. Chairman, first, let me thank Chairman
Quigley for his leadership and for yielding.
Mr. Chairman, I rise in strong support of the fiscal year 2020
Financial Services and General Governmen Appropriations bill.
This includes $1.4 billion in funding over fiscal year 2019 enacted
levels to support critical functions and services in the executive and
judicial branches, it ensures the integrity of our Federal elections,
as well as supporting critical programs that protect consumers.
I am pleased that the bill includes my language that would nullify
President Trump's proposed changes to the calculation of how we measure
poverty, which would have a devastating impact on families all across
the country.
This bill also includes $23 million for the Healthy Food Financing
Initiative, which provides critical financing to attract grocery
stores, food banks, and other fresh food businesses to underserved
areas. Thanks to HFFI, healthy food initiatives are available in all of
our congressional districts in urban and in rural communities, and also
in my congressional district at the Mandela MarketPlace in Oakland,
California.
As co-chair of the Pro-Choice Caucus, I thank Chairman Quigley for
lifting the ban on the use of local D.C. funds for abortion services.
This ban has unjustly prevented 55,000 D.C. women of reproductive age
from accessing the full range of reproductive healthcare, including
abortion. This has been targeted to low-income women, primarily women
of color, so I thank Chairman Quigley for this.
The bill also includes language prohibiting funds appropriated in
this bill from being used to penalize financial institutions from
providing financial services to an entity that participates in a
business or organized activity involving cannabis that is legal on the
State level.
With 33 States and the District of Columbia legalizing some form of
cannabis use, it is past time for Congress to ensure that the Federal
Government can't infringe on what State and local jurisdictions are
doing on cannabis reform. Whether you agree or not, States and local
jurisdictions have passed some form of legalization or medical
marijuana, so let's leave the States to their own business on this
issue.
I thank Chairman Quigley, also, for including $30 million for
community financial development institutions, which is an increase of
$50 million over fiscal year 2019 enacted levels. CDFIs are really a
lifeline across the country, especially underbanked communities, which
many of us represent.
Mr. Chairman, I urge my colleagues to support this bill.
Mr. GRAVES of Georgia. Mr. Chairman, I yield myself such time as I
may consume.
Mr. Chairman, I know we are reaching the conclusion here of general
debate of the bill. We have heard certainly some positives about the
bill and we have heard some negatives about the bill. I think there is
a great opportunity to work together and build upon the foundation in
which there is agreement. But until then, there are certainly items
that there is strong disagreement on.
In summary, working with Mr. Quigley has been fantastic. He has done
a great job of getting us to this point. I know, under his leadership,
we will continue working together until we can have a product that
Republicans and Democrats alike can support, can get through the
Senate, and, yes, needs the signature of the President of the United
States, Donald Trump.
But as the bill stands today, I guess if I had to sum it up, if you
want to spend a lot more, if you want to weaken our national security,
if you want to wash your hands of oversight and accountability of
Washington, D.C.--the District of Columbia, here where we reside and so
many of our constituents come to visit--or maybe, more importantly, if
you really want to limit the access of low-income children from
enjoying and benefiting from one of the
[[Page H5110]]
best educations they could receive, then this is the bill for you, but
it is not the bill for us.
We believe that we can reduce spending. We believe that national
security should be a priority. We believe that D.C. does deserve some
oversight. And we certainly believe that low-income children deserve
the best opportunity that they can have to have the best education
possible that provides them the best future that their dreams are
imagining right now, but this bill just doesn't provide that.
Mr. Chairman, it is for those reasons that I can't support this.
Lastly, I would say, knowing that this bill would never become law, I
think that should cause us all to just pause for a second and go: Do
you know what? Maybe we should take it back and go back to the drawing
board to see if we can't find some more areas of agreement and build a
better product in which Republicans and Democrats alike could support,
the Senate could pass with 60 votes, and the President of the United
States could sign.
Mr. Chairman, I yield back the balance of my time.
Mr. QUIGLEY. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, again, I want to restate that it has been a pleasure to
work with my colleagues across the aisle, particularly the gentleman
from Georgia (Mr. Graves).
In response to a couple of the ranking member's comments, if all we
did was write a bill that we were convinced the President of the United
States would support, we would just say: Well, what do you want us to
introduce and what do you want to us approve?
These are separate branches of government. It is our purpose to work
on a bipartisan basis, recognizing where the President of the United
States is on the issues, but to put together the best product we
possibly can. When the Senate does the same, there will be differences,
and that is what conference committees are all about. That is what,
unfortunately, is somewhat lost in this town, is this sense of
compromise and working together.
I want to stress a few things. Special counsel has only spoken to
this country directly once since he revealed his 2-year work product.
And that was to tell us that we need to protect this country from
further attack by the Russians on a democratic process. I think this
bill does that in an extraordinarily appropriate fashion.
As it references the school children of Washington, D.C., all we are
suggesting in doing what we are doing, and providing extraordinary
amounts of funding to do so, is that all the schools of Washington,
D.C. that get Federal tax dollars have to follow the same rules. They
have to play on the same level playing field. That is only fair to
those children. It doesn't deny anyone access to the best education
that is possible.
So with those things in mind, I think, in referencing the District of
Columbia, the last thing we can say is, just because we can micromanage
them doesn't mean we should micromanage them. Nobody here was elected
to the D.C. City Council. Unless it has extraordinary national policy
implications, let them run their own government.
Mr. Chairman, I urge my colleagues to support this bill, and I yield
back the balance of my time.
{time} 1545
The CHAIR. All time for general debate has expired.
Pursuant to the rule, the bill shall be considered for amendment
under the 5-minute rule. The bill shall be considered as read.
The text of the bill is as follows:
H.R. 3351
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That the
following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the fiscal year
ending September 30, 2020, and for other purposes, namely:
TITLE I
DEPARTMENT OF THE TREASURY
Departmental Offices
salaries and expenses
For necessary expenses of the Departmental Offices
including operation and maintenance of the Treasury Building
and Freedman's Bank Building; hire of passenger motor
vehicles; maintenance, repairs, and improvements of, and
purchase of commercial insurance policies for, real
properties leased or owned overseas, when necessary for the
performance of official business; executive direction program
activities; international affairs and economic policy
activities; domestic finance and tax policy activities,
including technical assistance to State, local, and
territorial entities; and Treasury-wide management policies
and programs activities, $224,373,000: Provided, That of the
amount appropriated under this heading--
(1) not to exceed $350,000 is for official reception and
representation expenses;
(2) not to exceed $258,000 is for unforeseen emergencies of
a confidential nature to be allocated and expended under the
direction of the Secretary of the Treasury and to be
accounted for solely on the Secretary's certificate; and
(3) not to exceed $24,000,000 shall remain available until
September 30, 2021, for--
(A) the Treasury-wide Financial Statement Audit and
Internal Control Program;
(B) information technology modernization requirements;
(C) the audit, oversight, and administration of the Gulf
Coast Restoration Trust Fund;
(D) the development and implementation of programs within
the Office of Critical Infrastructure Protection and
Compliance Policy, including entering into cooperative
agreements;
(E) operations and maintenance of facilities; and
(F) international operations.
committee on foreign investment in the united states fund
For necessary expenses of the Committee on Foreign
Investment in the United States, $20,000,000, to remain
available until expended: Provided, That the chairperson of
the Committee may transfer funds provided under this heading
to a department or agency represented on the Committee
(including the Department of the Treasury) upon the advance
notification of the Committees on Appropriations of the House
of Representatives and the Senate: Provided further, That
amounts so transferred shall remain available until expended
for expenses of implementing section 721 of the Defense
Production Act of 1950 (50 U.S.C. 4565), and shall be
available in addition to any other funds available to any
department or agency: Provided further, That fees authorized
by section 721(p) of the Defense Production Act of 1950,
shall be credited to this appropriation as offsetting
collections: Provided further, That the total amount
appropriated under this heading from the general fund shall
be reduced as such offsetting collections are received during
fiscal year 2020, so as to result in a total appropriation
from the general fund estimated at not more than $10,000,000.
office of terrorism and financial intelligence
salaries and expenses
For the necessary expenses of the Office of Terrorism and
Financial Intelligence to safeguard the financial system
against illicit use and to combat rogue nations, terrorist
facilitators, weapons of mass destruction proliferators,
human rights abusers, money launderers, drug kingpins, and
other national security threats, $167,712,000, of which not
less than $3,000,000 shall be for enforcement of sanctions,
as authorized by the Global Magnitsky Human Rights
Accountability Act (Public Law 114-328): Provided, That of
the amounts appropriated under this heading, up to
$10,000,000 shall remain available until September 30, 2021.
cybersecurity enhancement account
For salaries and expenses for enhanced cybersecurity for
systems operated by the Department of the Treasury,
$18,000,000, to remain available until September 30, 2022:
Provided, That such funds shall supplement and not supplant
any other amounts made available to the Treasury offices and
bureaus for cybersecurity: Provided further, That of the
total amount made available under this heading $1,000,000
shall be available for administrative expenses for the
Treasury Chief Information Officer to provide oversight of
the investments made under this heading: Provided further,
That such funds shall supplement and not supplant any other
amounts made available to the Treasury Chief Information
Officer.
department-wide systems and capital investments programs
(including transfer of funds)
For development and acquisition of automatic data
processing equipment, software, and services and for repairs
and renovations to buildings owned by the Department of the
Treasury, $6,118,000, to remain available until September 30,
2022: Provided, That these funds shall be transferred to
accounts and in amounts as necessary to satisfy the
requirements of the Department's offices, bureaus, and other
organizations: Provided further, That this transfer
authority shall be in addition to any other transfer
authority provided in this Act: Provided further, That none
of the funds appropriated under this heading shall be used to
support or supplement ``Internal Revenue Service, Operations
Support'' or ``Internal Revenue Service, Business Systems
Modernization''.
office of inspector general
salaries and expenses
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, $40,044,000, including hire of passenger motor
vehicles; of which not to exceed $100,000 shall be available
for unforeseen emergencies of a
[[Page H5111]]
confidential nature, to be allocated and expended under the
direction of the Inspector General of the Treasury; of which
up to $2,800,000 to remain available until September 30,
2021, shall be for audits and investigations conducted
pursuant to section 1608 of the Resources and Ecosystems
Sustainability, Tourist Opportunities, and Revived Economies
of the Gulf Coast States Act of 2012 (33 U.S.C. 1321 note);
and of which not to exceed $1,000 shall be available for
official reception and representation expenses.
treasury inspector general for tax administration
salaries and expenses
For necessary expenses of the Treasury Inspector General
for Tax Administration in carrying out the Inspector General
Act of 1978, including purchase and hire of passenger motor
vehicles (31 U.S.C. 1343(b)); and services authorized by 5
U.S.C. 3109, at such rates as may be determined by the
Inspector General for Tax Administration; $171,350,000, of
which $5,000,000 shall remain available until September 30,
2021; of which not to exceed $6,000,000 shall be available
for official travel expenses; of which not to exceed $500,000
shall be available for unforeseen emergencies of a
confidential nature, to be allocated and expended under the
direction of the Inspector General for Tax Administration;
and of which not to exceed $1,500 shall be available for
official reception and representation expenses.
special inspector general for the troubled asset relief program
salaries and expenses
For necessary expenses of the Office of the Special
Inspector General in carrying out the provisions of the
Emergency Economic Stabilization Act of 2008 (Public Law 110-
343), $23,000,000.
Financial Crimes Enforcement Network
salaries and expenses
For necessary expenses of the Financial Crimes Enforcement
Network, including hire of passenger motor vehicles; travel
and training expenses of non-Federal and foreign government
personnel to attend meetings and training concerned with
domestic and foreign financial intelligence activities, law
enforcement, and financial regulation; services authorized by
5 U.S.C. 3109; not to exceed $12,000 for official reception
and representation expenses; and for assistance to Federal
law enforcement agencies, with or without reimbursement,
$124,700,000, of which not to exceed $34,335,000 shall remain
available until September 30, 2022.
Bureau of the Fiscal Service
salaries and expenses
For necessary expenses of operations of the Bureau of the
Fiscal Service, $340,280,000; of which not to exceed
$7,733,000, to remain available until September 30, 2022, is
for information systems modernization initiatives; and of
which $5,000 shall be available for official reception and
representation expenses.
In addition, $165,000, to be derived from the Oil Spill
Liability Trust Fund to reimburse administrative and
personnel expenses for financial management of the Fund, as
authorized by section 1012 of Public Law 101-380.
Alcohol and Tobacco Tax and Trade Bureau
salaries and expenses
For necessary expenses of carrying out section 1111 of the
Homeland Security Act of 2002, including hire of passenger
motor vehicles, $119,600,000; of which not to exceed $6,000
for official reception and representation expenses; and of
which not to exceed $50,000 shall be available for
cooperative research and development programs for laboratory
services; and provision of laboratory assistance to State and
local agencies with or without reimbursement: Provided, That
of the amount appropriated under this heading, $5,000,000
shall be for the costs of accelerating the processing of
formula and label applications: Provided further, That of
the amount appropriated under this heading, $5,000,000, to
remain available until September 30, 2021, shall be for the
costs associated with enforcement of the trade practice
provisions of the Federal Alcohol Administration Act (27
U.S.C. 201 et seq.).
United States Mint
united states mint public enterprise fund
Pursuant to section 5136 of title 31, United States Code,
the United States Mint is provided funding through the United
States Mint Public Enterprise Fund for costs associated with
the production of circulating coins, numismatic coins, and
protective services, including both operating expenses and
capital investments: Provided, That the aggregate amount of
new liabilities and obligations incurred during fiscal year
2020 under such section 5136 for circulating coinage and
protective service capital investments of the United States
Mint shall not exceed $30,000,000.
Community Development Financial Institutions Fund Program Account
To carry out the Riegle Community Development and
Regulatory Improvement Act of 1994 (subtitle A of title I of
Public Law 103-325), including services authorized by section
3109 of title 5, United States Code, but at rates for
individuals not to exceed the per diem rate equivalent to the
rate for EX-3, $300,000,000. Of the amount appropriated under
this heading--
(1) not less than $191,000,000, notwithstanding section
108(e) of Public Law 103-325 (12 U.S.C. 4707(e)) with regard
to Small and/or Emerging Community Development Financial
Institutions Assistance awards, is available until September
30, 2021, for financial assistance and technical assistance
under subparagraphs (A) and (B) of section 108(a)(1),
respectively, of Public Law 103-325 (12 U.S.C. 4707(a)(1)(A)
and (B)), of which up to $1,600,000 may be available for
training and outreach under section 109 of Public Law 103-325
(12 U.S.C. 4708), of which up to $2,397,500 may be used for
the cost of direct loans, and of which up to $4,000,000,
notwithstanding subsection (d) of section 108 of Public Law
103-325 (12 U.S.C. 4707 (d)), may be available to provide
financial assistance, technical assistance, training, and
outreach to community development financial institutions to
expand investments that benefit individuals with
disabilities: Provided, That the cost of direct and
guaranteed loans, including the cost of modifying such loans,
shall be as defined in section 502 of the Congressional
Budget Act of 1974: Provided further, That these funds are
available to subsidize gross obligations for the principal
amount of direct loans not to exceed $25,000,000: Provided
further, That of the funds provided under this paragraph,
excluding those made to community development financial
institutions to expand investments that benefit individuals
with disabilities and those made to community development
financial institutions that serve populations living in
persistent poverty counties, the CDFI Fund shall prioritize
Financial Assistance awards to organizations that invest and
lend in high-poverty areas: Provided further, That for
purposes of this section, the term ``high-poverty area''
means any census tract with a poverty rate of at least 20
percent as measured by the 2011-2015 5-year data series
available from the American Community Survey of the Bureau of
the Census;
(2) not less than $20,000,000, notwithstanding section
108(e) of Public Law 103-325 (12 U.S.C. 4707(e)), is
available until September 30, 2021, for financial assistance,
technical assistance, training, and outreach programs
designed to benefit Native American, Native Hawaiian, and
Alaska Native communities and provided primarily through
qualified community development lender organizations with
experience and expertise in community development banking and
lending in Indian country, Native American organizations,
tribes and tribal organizations, and other suitable
providers;
(3) not less than $27,000,000 is available until September
30, 2021, for the Bank Enterprise Award program;
(4) not less than $23,000,000, notwithstanding subsections
(d) and (e) of section 108 of Public Law 103-325 (12 U.S.C.
4707(d) and (e)), is available until September 30, 2021, for
a Healthy Food Financing Initiative to provide financial
assistance, technical assistance, training, and outreach to
community development financial institutions for the purpose
of offering affordable financing and technical assistance to
expand the availability of healthy food options in distressed
communities;
(5) not less than $10,000,000 is available until September
30, 2021, to provide grants for loan loss reserve funds and
to provide technical assistance for small dollar loan
programs under section 122 of Public Law 103-325 (12 U.S.C.
4719): Provided, That sections 108(d) and 122(b)(2) of such
Public Law shall not apply to the provision of such grants
and technical assistance;
(6) up to $29,000,000 is available until September 30,
2020, for administrative expenses, including administration
of CDFI Fund programs and the New Markets Tax Credit Program,
of which not less than $1,000,000 is for development of tools
to better assess and inform CDFI investment performance, and
up to $300,000 is for administrative expenses to carry out
the direct loan program; and
(7) during fiscal year 2020, none of the funds available
under this heading are available for the cost, as defined in
section 502 of the Congressional Budget Act of 1974, of
commitments to guarantee bonds and notes under section 114A
of the Riegle Community Development and Regulatory
Improvement Act of 1994 (12 U.S.C. 4713a): Provided, That
commitments to guarantee bonds and notes under such section
114A shall not exceed $500,000,000: Provided further, That
such section 114A shall remain in effect until December 31,
2020: Provided further, That of the funds awarded under this
heading, not less than 10 percent shall be used for awards
that support investments that serve populations living in
persistent poverty counties: Provided further, That for the
purposes of this paragraph and paragraph (1) the term
``persistent poverty counties'' means any county that has had
20 percent or more of its population living in poverty over
the past 30 years, as measured by the 1990 and 2000 decennial
censuses and the 2011-2015 5-year data series available from
the American Community Survey of the Bureau of the Census.
Internal Revenue Service
taxpayer services
For necessary expenses of the Internal Revenue Service to
provide taxpayer services, including pre-filing assistance
and education, filing and account services, taxpayer advocacy
services, and other services as authorized by 5 U.S.C. 3109,
at such rates as may be determined by the Commissioner,
$2,558,554,000, of which not less than $11,000,000 shall be
for the Tax Counseling for the Elderly Program, of which not
less than $13,000,000 shall be available for low-income
[[Page H5112]]
taxpayer clinic grants, of which not less than $25,000,000,
to remain available until September 30, 2021, shall be
available for a Community Volunteer Income Tax Assistance
matching grants program for tax return preparation
assistance, and of which not less than $209,000,000 shall be
available for operating expenses of the Taxpayer Advocate
Service: Provided, That of the amounts made available for
the Taxpayer Advocate Service, not less than $5,500,000 shall
be for identity theft and refund fraud casework.
enforcement
For necessary expenses for tax enforcement activities of
the Internal Revenue Service to determine and collect owed
taxes, to provide legal and litigation support, to conduct
criminal investigations, to enforce criminal statutes related
to violations of internal revenue laws and other financial
crimes, to purchase and hire passenger motor vehicles (31
U.S.C. 1343(b)), and to provide other services as authorized
by 5 U.S.C. 3109, at such rates as may be determined by the
Commissioner, $4,957,446,000, of which not to exceed
$250,000,000 shall remain available until September 30, 2021,
and of which not less than $60,257,000 shall be for the
Interagency Crime and Drug Enforcement program: Provided,
That of the funds provided under this heading, $4,860,000,000
is provided to meet the terms of section 251(b)(2) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended, and section 1(f)(2) of H. Res. 293 of the 116th
Congress as engrossed in the House of Representatives on
April 9, 2019. In addition, not less than $200,000,000 for
tax enforcement activities under this heading, including tax
compliance to address the Federal tax gap: Provided further,
That such amount is additional new budget authority for tax
enforcement activities, including tax compliance to address
the Federal tax gap, as specified for purposes of section
251(b)(2) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, and section 1(f)(1) of H.
Res. 293 of the 116th Congress.
operations support
For necessary expenses of the Internal Revenue Service to
support taxpayer services and enforcement programs, including
rent payments; facilities services; printing; postage;
physical security; headquarters and other IRS-wide
administration activities; research and statistics of income;
telecommunications; information technology development,
enhancement, operations, maintenance, and security; the hire
of passenger motor vehicles (31 U.S.C. 1343(b)); the
operations of the Internal Revenue Service Oversight Board;
and other services as authorized by 5 U.S.C. 3109, at such
rates as may be determined by the Commissioner;
$3,794,000,000, of which not to exceed $250,000,000 shall
remain available until September 30, 2021; of which not to
exceed $10,000,000 shall remain available until expended for
acquisition of equipment and construction, repair and
renovation of facilities; of which not to exceed $1,000,000
shall remain available until September 30, 2022, for
research; of which not to exceed $20,000 shall be for
official reception and representation expenses: Provided,
That not later than 30 days after the end of each quarter,
the Internal Revenue Service shall submit a report to the
Committees on Appropriations of the House of Representatives
and the Senate and the Comptroller General of the United
States detailing the cost and schedule performance for its
major information technology investments, including the
purpose and life-cycle stages of the investments; the reasons
for any cost and schedule variances; the risks of such
investments and strategies the Internal Revenue Service is
using to mitigate such risks; and the expected developmental
milestones to be achieved and costs to be incurred in the
next quarter: Provided further, That the Internal Revenue
Service shall include, in its budget justification for fiscal
year 2021, a summary of cost and schedule performance
information for its major information technology systems:
Provided further, That of the funds provided under this
paragraph, $3,724,000,000 is provided to meet the terms of
section 251(b)(2) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, and section 1(f)(2)
of H. Res. 293 of the 116th Congress as engrossed in the
House of Representatives on April 9, 2019. In addition, not
less than $200,000,000 for enforcement tax activities under
this heading, including tax compliance to address the Federal
tax gap: Provided further, That such amount is additional
new budget authority for tax enforcement activities,
including tax compliance to address the Federal tax gap, as
specified for purposes of section 251(b)(2) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended,
and section 1(f)(1) of H. Res. 293 of the 116th Congress.
business systems modernization
For necessary expenses of the Internal Revenue Service's
business systems modernization program, $290,000,000, to
remain available until September 30, 2022, for the capital
asset acquisition of information technology systems,
including management, labor, and related contractual costs of
said acquisitions, including related Internal Revenue Service
labor costs, and contractual costs associated with operations
authorized by 5 U.S.C. 3109: Provided, That not later than 30
days after the end of each quarter, the Internal Revenue
Service shall submit a report to the Committees on
Appropriations of the House of Representatives and the Senate
and the Comptroller General of the United States detailing
the cost and schedule performance for major information
technology investments included in the Internal Revenue
Service Integrated Modernization Business Plan.
administrative provisions--internal revenue service
(including transfer of funds)
Sec. 101. Not to exceed 4 percent of the appropriation
made available in this Act to the Internal Revenue Service
under the ``Enforcement'' heading, and not to exceed 5
percent of any other appropriation made available in this Act
to the Internal Revenue Service, may be transferred to any
other Internal Revenue Service appropriation upon the advance
approval of the Committees on Appropriations of the House of
Representatives and the Senate.
Sec. 102. The Internal Revenue Service shall maintain an
employee training program, which shall include the following
topics: taxpayers' rights, dealing courteously with
taxpayers, cross-cultural relations, ethics, and the
impartial application of tax law.
Sec. 103. The Internal Revenue Service shall institute and
enforce policies and procedures that will safeguard the
confidentiality of taxpayer information and protect taxpayers
against identity theft.
Sec. 104. Funds made available by this or any other Act to
the Internal Revenue Service shall be available for improved
facilities and increased staffing to provide sufficient and
effective 1-800 help line service for taxpayers. The
Commissioner shall continue to make improvements to the
Internal Revenue Service 1-800 help line service a priority
and allocate resources necessary to enhance the response time
to taxpayer communications, particularly with regard to
victims of tax-related crimes.
Sec. 105. The Internal Revenue Service shall issue a
notice of confirmation of any address change relating to an
employer making employment tax payments, and such notice
shall be sent to both the employer's former and new address
and an officer or employee of the Internal Revenue Service
shall give special consideration to an offer-in-compromise
from a taxpayer who has been the victim of fraud by a third
party payroll tax preparer.
Sec. 106. None of the funds made available under this Act
may be used by the Internal Revenue Service to target
citizens of the United States for exercising any right
guaranteed under the First Amendment to the Constitution of
the United States.
Sec. 107. None of the funds made available in this Act may
be used by the Internal Revenue Service to target groups for
regulatory scrutiny based on their ideological beliefs.
Sec. 108. None of funds made available by this Act to the
Internal Revenue Service shall be obligated or expended on
conferences that do not adhere to the procedures,
verification processes, documentation requirements, and
policies issued by the Chief Financial Officer, Human Capital
Office, and Agency-Wide Shared Services as a result of the
recommendations in the report published on May 31, 2013, by
the Treasury Inspector General for Tax Administration
entitled ``Review of the August 2010 Small Business/Self-
Employed Division's Conference in Anaheim, California''
(Reference Number 2013-10-037).
Sec. 109. None of the funds made available in this Act to
the Internal Revenue Service may be obligated or expended--
(1) to make a payment to any employee under a bonus, award,
or recognition program; or
(2) under any hiring or personnel selection process with
respect to re-hiring a former employee, unless such program
or process takes into account the conduct and Federal tax
compliance of such employee or former employee.
Sec. 110. None of the funds made available by this Act may
be used in contravention of section 6103 of the Internal
Revenue Code of 1986 (relating to confidentiality and
disclosure of returns and return information).
Sec. 111. Section 9503 of title 5, United States Code, is
amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by striking
``Before'' and inserting ``before''; and
(B) in paragraph (5), by inserting before the semicolon the
following: ``, but are renewable for an additional two years
based on critical organization need''; and
(2) by adding at the end the following new subsection:
``(c) The Secretary may exercise the authority provided by
subsection (a) with respect to positions for IT specialists
through September 30, 2023.''.
Administrative Provisions--Department of the Treasury
(including transfers of funds)
Sec. 112. Appropriations to the Department of the Treasury
in this Act shall be available for uniforms or allowances
therefor, as authorized by law (5 U.S.C. 5901), including
maintenance, repairs, and cleaning; purchase of insurance for
official motor vehicles operated in foreign countries;
purchase of motor vehicles without regard to the general
purchase price limitations for vehicles purchased and used
overseas for the current fiscal year; entering into contracts
with the Department of State for the furnishing of health and
medical services to employees and their dependents serving in
foreign countries; and services authorized by 5 U.S.C. 3109.
Sec. 113. Not to exceed 2 percent of any appropriations in
this title made available
[[Page H5113]]
under the headings ``Departmental Offices--Salaries and
Expenses'', ``Office of Terrorism and Financial
Intelligence'', ``Financial Crimes Enforcement Network'',
``Bureau of the Fiscal Service'', and ``Alcohol and Tobacco
Tax and Trade Bureau'' may be transferred between such
appropriations upon the advance approval of the Committees on
Appropriations of the House of Representatives and the
Senate: Provided, That no transfer under this section may
increase or decrease any such appropriation by more than 2
percent.
Sec. 114. Not to exceed 2 percent of any appropriation
made available in this Act to the Internal Revenue Service
may be transferred to the Treasury Inspector General for Tax
Administration's appropriation upon the advance approval of
the Committees on Appropriations of the House of
Representatives and the Senate: Provided, That no transfer
may increase or decrease any such appropriation by more than
2 percent.
Sec. 115. None of the funds appropriated in this Act or
otherwise available to the Department of the Treasury or the
Bureau of Engraving and Printing may be used to redesign the
$1 Federal Reserve note.
Sec. 116. The Secretary of the Treasury may transfer funds
from the ``Bureau of the Fiscal Service--Salaries and
Expenses'' to the Debt Collection Fund as necessary to cover
the costs of debt collection: Provided, That such amounts
shall be reimbursed to such salaries and expenses account
from debt collections received in the Debt Collection Fund.
Sec. 117. None of the funds appropriated or otherwise made
available by this or any other Act may be used by the United
States Mint to construct or operate any museum without the
explicit approval of the Committees on Appropriations of the
House of Representatives and the Senate, the House Committee
on Financial Services, and the Senate Committee on Banking,
Housing, and Urban Affairs.
Sec. 118. None of the funds appropriated or otherwise made
available by this or any other Act or source to the
Department of the Treasury, the Bureau of Engraving and
Printing, and the United States Mint, individually or
collectively, may be used to consolidate any or all functions
of the Bureau of Engraving and Printing and the United States
Mint without the explicit approval of the House Committee on
Financial Services; the Senate Committee on Banking, Housing,
and Urban Affairs; and the Committees on Appropriations of
the House of Representatives and the Senate.
Sec. 119. Funds appropriated by this Act, or made
available by the transfer of funds in this Act, for the
Department of the Treasury's intelligence or intelligence
related activities are deemed to be specifically authorized
by the Congress for purposes of section 504 of the National
Security Act of 1947 (50 U.S.C. 414) during fiscal year 2020
until the enactment of the Intelligence Authorization Act for
Fiscal Year 2020.
Sec. 120. Not to exceed $5,000 shall be made available
from the Bureau of Engraving and Printing's Industrial
Revolving Fund for necessary official reception and
representation expenses.
Sec. 121. The Secretary of the Treasury shall submit a
Capital Investment Plan to the Committees on Appropriations
of the House of Representatives and the Senate not later than
30 days following the submission of the annual budget
submitted by the President: Provided, That such Capital
Investment Plan shall include capital investment spending
from all accounts within the Department of the Treasury,
including but not limited to the Department-wide Systems and
Capital Investment Programs account, Treasury Franchise Fund
account, and the Treasury Forfeiture Fund account: Provided
further, That such Capital Investment Plan shall include
expenditures occurring in previous fiscal years for each
capital investment project that has not been fully completed.
Sec. 122. Within 45 days after the date of enactment of
this Act, the Secretary of the Treasury shall submit an
itemized report to the Committees on Appropriations of the
House of Representatives and the Senate on the amount of
total funds charged to each office by the Franchise Fund
including the amount charged for each service provided by the
Franchise Fund to each office, a detailed description of the
services, a detailed explanation of how each charge for each
service is calculated, and a description of the role
customers have in governing in the Franchise Fund.
Sec. 123. (a) Not later than 60 days after the end of each
quarter, the Office of Financial Research shall submit
reports on their activities to the Committees on
Appropriations of the House of Representatives and the
Senate, the Committee on Financial Services of the House of
Representatives, and the Senate Committee on Banking,
Housing, and Urban Affairs.
(b) The reports required under subsection (a) shall
include--
(1) the obligations made during the previous quarter by
object class, office, and activity;
(2) the estimated obligations for the remainder of the
fiscal year by object class, office, and activity;
(3) the number of full-time equivalents within each office
during the previous quarter;
(4) the estimated number of full-time equivalents within
each office for the remainder of the fiscal year; and
(5) actions taken to achieve the goals, objectives, and
performance measures of each office.
(c) At the request of any such Committees specified in
subsection (a), the Office of Financial Research shall make
officials available to testify on the contents of the reports
required under subsection (a).
Sec. 124. Notwithstanding paragraph (2) of section 402(c)
of the Helping Families Save Their Homes Act of 2009, in
utilizing funds made available by paragraph (1) of section
402(c) of such Act, the Special Inspector General for the
Troubled Asset Relief Program shall prioritize the
performance of audits or investigations of any program that
is funded in whole or in part by funds appropriated under the
Emergency Economic Stabilization Act of 2008, to the extent
that such priority is consistent with other aspects of the
mission of the Special Inspector General.
Sec. 125. None of the funds provided under the heading
``Department of the Treasury--Office of Terrorism and
Financial Intelligence'' may be used to pay the salary of a
Department of the Treasury employee detailed to another
Department, agency, or office funded by this Act.
Sec. 126. Notwithstanding any other provision of law, none
of the funds available in the Department of the Treasury
Forfeiture Fund established by section 9705 of title 31,
United States Code, may be obligated, expended, or used to
plan, design, construct, or carry out a project to construct
a wall, barrier, fence, or road along the southern border of
the United States, or a road to provide access to a wall,
barrier, or fence constructed along the southern border of
the United States.
This title may be cited as the ``Department of the Treasury
Appropriations Act, 2020''.
TITLE II
EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE
PRESIDENT
The White House
salaries and expenses
For necessary expenses for the White House as authorized by
law, including not to exceed $3,850,000 for services as
authorized by 5 U.S.C. 3109 and 3 U.S.C. 105; subsistence
expenses as authorized by 3 U.S.C. 105, which shall be
expended and accounted for as provided in that section; hire
of passenger motor vehicles, and travel (not to exceed
$100,000 to be expended and accounted for as provided by 3
U.S.C. 103); and not to exceed $19,000 for official reception
and representation expenses, to be available for allocation
within the Executive Office of the President; and for
necessary expenses of the Office of Policy Development,
including services as authorized by 5 U.S.C. 3109 and 3
U.S.C. 107, $55,000,000.
Executive Residence at the White House
operating expenses
For necessary expenses of the Executive Residence at the
White House, $13,081,000, to be expended and accounted for as
provided by 3 U.S.C. 105, 109, 110, and 112-114.
reimbursable expenses
For the reimbursable expenses of the Executive Residence at
the White House, such sums as may be necessary: Provided,
That all reimbursable operating expenses of the Executive
Residence shall be made in accordance with the provisions of
this paragraph: Provided further, That, notwithstanding any
other provision of law, such amount for reimbursable
operating expenses shall be the exclusive authority of the
Executive Residence to incur obligations and to receive
offsetting collections, for such expenses: Provided further,
That the Executive Residence shall require each person
sponsoring a reimbursable political event to pay in advance
an amount equal to the estimated cost of the event, and all
such advance payments shall be credited to this account and
remain available until expended: Provided further, That the
Executive Residence shall require the national committee of
the political party of the President to maintain on deposit
$25,000, to be separately accounted for and available for
expenses relating to reimbursable political events sponsored
by such committee during such fiscal year: Provided further,
That the Executive Residence shall ensure that a written
notice of any amount owed for a reimbursable operating
expense under this paragraph is submitted to the person owing
such amount within 60 days after such expense is incurred,
and that such amount is collected within 30 days after the
submission of such notice: Provided further, That the
Executive Residence shall charge interest and assess
penalties and other charges on any such amount that is not
reimbursed within such 30 days, in accordance with the
interest and penalty provisions applicable to an outstanding
debt on a United States Government claim under 31 U.S.C.
3717: Provided further, That each such amount that is
reimbursed, and any accompanying interest and charges, shall
be deposited in the Treasury as miscellaneous receipts:
Provided further, That the Executive Residence shall prepare
and submit to the Committees on Appropriations, by not later
than 90 days after the end of the fiscal year covered by this
Act, a report setting forth the reimbursable operating
expenses of the Executive Residence during the preceding
fiscal year, including the total amount of such expenses, the
amount of such total that consists of reimbursable official
and ceremonial events, the
[[Page H5114]]
amount of such total that consists of reimbursable political
events, and the portion of each such amount that has been
reimbursed as of the date of the report: Provided further,
That the Executive Residence shall maintain a system for the
tracking of expenses related to reimbursable events within
the Executive Residence that includes a standard for the
classification of any such expense as political or
nonpolitical: Provided further, That no provision of this
paragraph may be construed to exempt the Executive Residence
from any other applicable requirement of subchapter I or II
of chapter 37 of title 31, United States Code.
White House Repair and Restoration
For the repair, alteration, and improvement of the
Executive Residence at the White House pursuant to 3 U.S.C.
105(d), $750,000, to remain available until expended, for
required maintenance, resolution of safety and health issues,
and continued preventative maintenance.
Council of Economic Advisers
salaries and expenses
For necessary expenses of the Council of Economic Advisers
in carrying out its functions under the Employment Act of
1946 (15 U.S.C. 1021 et seq.), $4,000,000.
National Security Council and Homeland Security Council
salaries and expenses
For necessary expenses of the National Security Council and
the Homeland Security Council, including services as
authorized by 5 U.S.C. 3109, $11,500,000.
Office of Administration
salaries and expenses
For necessary expenses of the Office of Administration,
including services as authorized by 5 U.S.C. 3109 and 3
U.S.C. 107, and hire of passenger motor vehicles,
$94,000,000, of which not to exceed $12,800,000 shall remain
available until expended for continued modernization of
information resources within the Executive Office of the
President.
Office of Management and Budget
salaries and expenses
For necessary expenses of the Office of Management and
Budget, including hire of passenger motor vehicles and
services as authorized by 5 U.S.C. 3109, to carry out the
provisions of chapter 35 of title 44, United States Code, and
to prepare and submit the budget of the United States
Government, in accordance with section 1105(a) of title 31,
United States Code, $101,600,000, of which not to exceed
$3,000 shall be available for official representation
expenses: Provided, That none of the funds appropriated in
this Act for the Office of Management and Budget may be used
for the purpose of reviewing any agricultural marketing
orders or any activities or regulations under the provisions
of the Agricultural Marketing Agreement Act of 1937 (7 U.S.C.
601 et seq.): Provided further, That none of the funds made
available for the Office of Management and Budget by this Act
may be expended for the altering of the transcript of actual
testimony of witnesses, except for testimony of officials of
the Office of Management and Budget, before the Committees on
Appropriations or their subcommittees: Provided further,
That none of the funds made available for the Office of
Management and Budget by this Act may be expended for the
altering of the annual work plan developed by the Corps of
Engineers for submission to the Committees on Appropriations:
Provided further, That none of the funds provided in this or
prior Acts shall be used, directly or indirectly, by the
Office of Management and Budget, for evaluating or
determining if water resource project or study reports
submitted by the Chief of Engineers acting through the
Secretary of the Army are in compliance with all applicable
laws, regulations, and requirements relevant to the Civil
Works water resource planning process: Provided further,
That the Office of Management and Budget shall have not more
than 60 days in which to perform budgetary policy reviews of
water resource matters on which the Chief of Engineers has
reported: Provided further, That the Director of the Office
of Management and Budget shall notify the appropriate
authorizing and appropriating committees when the 60-day
review is initiated: Provided further, That if water
resource reports have not been transmitted to the appropriate
authorizing and appropriating committees within 15 days after
the end of the Office of Management and Budget review period
based on the notification from the Director, Congress shall
assume Office of Management and Budget concurrence with the
report and act accordingly.
Intellectual Property Enforcement Coordinator
For necessary expenses of the Office of the Intellectual
Property Enforcement Coordinator, as authorized by title III
of the Prioritizing Resources and Organization for
Intellectual Property Act of 2008 (Public Law 110-403),
including services authorized by 5 U.S.C. 3109, $1,000,000.
Office of National Drug Control Policy
salaries and expenses
For necessary expenses of the Office of National Drug
Control Policy; for research activities pursuant to the
Office of National Drug Control Policy Reauthorization Act of
1998, as amended by Public Law 115-271; not to exceed $10,000
for official reception and representation expenses; and for
participation in joint projects or in the provision of
services on matters of mutual interest with nonprofit,
research, or public organizations or agencies, with or
without reimbursement, $18,400,000: Provided, That the
Office is authorized to accept, hold, administer, and utilize
gifts, both real and personal, public and private, without
fiscal year limitation, for the purpose of aiding or
facilitating the work of the Office.
federal drug control programs
high intensity drug trafficking areas program
(including transfers of funds)
For necessary expenses of the Office of National Drug
Control Policy's High Intensity Drug Trafficking Areas
Program, $300,000,000, to remain available until September
30, 2021, for drug control activities consistent with the
approved strategy for each of the designated High Intensity
Drug Trafficking Areas (``HIDTAs''), of which not less than
51 percent shall be transferred to State and local entities
for drug control activities and shall be obligated not later
than 120 days after enactment of this Act: Provided, That up
to 49 percent may be transferred to Federal agencies and
departments in amounts determined by the Director of the
Office of National Drug Control Policy, of which up to
$2,700,000 may be used for auditing services and associated
activities: Provided further, That any unexpended funds
obligated prior to fiscal year 2018 may be used for any other
approved activities of that HIDTA, subject to reprogramming
requirements: Provided further, That each HIDTA designated
as of September 30, 2019, shall be funded at not less than
the fiscal year 2019 base level, unless the Director submits
to the Committees on Appropriations of the House of
Representatives and the Senate justification for changes to
those levels based on clearly articulated priorities and
published Office of National Drug Control Policy performance
measures of effectiveness: Provided further, That the
Director shall notify the Committees on Appropriations of the
initial allocation of fiscal year 2020 funding among HIDTAs
not later than 45 days after enactment of this Act, and shall
notify the Committees of planned uses of discretionary HIDTA
funding, as determined in consultation with the HIDTA
Directors, not later than 90 days after enactment of this
Act: Provided further, That upon a determination that all or
part of the funds so transferred from this appropriation are
not necessary for the purposes provided herein and upon
notification to the Committees on Appropriations of the House
of Representatives and the Senate, such amounts may be
transferred back to this appropriation.
other federal drug control programs
(including transfers of funds)
For other drug control activities authorized by chapter 2
of the National Narcotics Leadership Act of 1988 and the
Office of National Drug Control Policy Reauthorization Act of
1998, as amended by Public Law 115-271, $121,851,000, to
remain available until expended, which shall be available as
follows: $100,500,000 for the Drug-Free Communities Program,
of which $2,500,000 shall be made available as directed by
section 4 of Public Law 107-82, as amended by section 8204 of
Public Law 115-271; $3,000,000 for drug court training and
technical assistance; $12,101,000 for anti-doping activities,
to include United States membership dues to the World Anti-
Doping Agency; $1,250,000 for the Model Acts Program; and
$5,000,000 for activities authorized by section 103 of Public
Law 114-198: Provided, That amounts made available under
this heading may be transferred to other Federal departments
and agencies to carry out such activities.
Unanticipated Needs
For expenses necessary to enable the President to meet
unanticipated needs, in furtherance of the national interest,
security, or defense which may arise at home or abroad during
the current fiscal year, as authorized by 3 U.S.C. 108,
$1,000,000, to remain available until September 30, 2021.
Information Technology Oversight and Reform
(including transfer of funds)
For necessary expenses for the furtherance of integrated,
efficient, secure, and effective uses of information
technology in the Federal Government, $15,000,000, to remain
available until expended: Provided, That the Director of the
Office of Management and Budget may transfer these funds to
one or more other agencies to carry out projects to meet
these purposes.
Special Assistance to the President
salaries and expenses
For necessary expenses to enable the Vice President to
provide assistance to the President in connection with
specially assigned functions; services as authorized by 5
U.S.C. 3109 and 3 U.S.C. 106, including subsistence expenses
as authorized by 3 U.S.C. 106, which shall be expended and
accounted for as provided in that section; and hire of
passenger motor vehicles, $4,288,000.
Official Residence of the Vice President
operating expenses
(including transfer of funds)
For the care, operation, refurnishing, improvement, and to
the extent not otherwise provided for, heating and lighting,
including electric power and fixtures, of the official
residence of the Vice President; the hire of passenger motor
vehicles; and not to exceed $90,000 pursuant to 3 U.S.C.
106(b)(2), $302,000:
[[Page H5115]]
Provided, That advances, repayments, or transfers from this
appropriation may be made to any department or agency for
expenses of carrying out such activities.
Administrative Provisions--Executive Office of the President and Funds
Appropriated to the President
(including transfer of funds)
Sec. 201. From funds made available in this Act under the
headings ``The White House'', ``Executive Residence at the
White House'', ``White House Repair and Restoration'',
``Council of Economic Advisers'', ``National Security Council
and Homeland Security Council'', ``Office of
Administration'', ``Special Assistance to the President'',
and ``Official Residence of the Vice President'', the
Director of the Office of Management and Budget (or such
other officer as the President may designate in writing),
may, with advance approval of the Committees on
Appropriations of the House of Representatives and the
Senate, transfer not to exceed 10 percent of any such
appropriation to any other such appropriation, to be merged
with and available for the same time and for the same
purposes as the appropriation to which transferred:
Provided, That the amount of an appropriation shall not be
increased by more than 50 percent by such transfers:
Provided further, That no amount shall be transferred from
``Special Assistance to the President'' or ``Official
Residence of the Vice President'' without the approval of the
Vice President.
Sec. 202. (a) During fiscal year 2020, any Executive order
or Presidential memorandum issued or revoked by the President
shall be accompanied by a written statement from the Director
of the Office of Management and Budget on the budgetary
impact, including costs, benefits, and revenues, of such
order or memorandum.
(b) Any such statement shall include--
(1) a narrative summary of the budgetary impact of such
order or memorandum on the Federal Government;
(2) the impact on mandatory and discretionary obligations
and outlays as the result of such order or memorandum, listed
by Federal agency, for each year in the 5-fiscal-year period
beginning in fiscal year 2020; and
(3) the impact on revenues of the Federal Government as the
result of such order or memorandum over the 5-fiscal-year
period beginning in fiscal year 2020.
(c) If an Executive order or Presidential memorandum is
issued during fiscal year 2020 due to a national emergency,
the Director of the Office of Management and Budget may issue
the statement required by subsection (a) not later than 15
days after the date that such order or memorandum is issued.
(d) The requirement for cost estimates for Presidential
memoranda shall only apply for Presidential memoranda
estimated to have a regulatory cost in excess of
$100,000,000.
Sec. 203. Not later than 10 days after the date of
enactment of this Act, the Director of the Office of
Management and Budget shall issue a memorandum to all Federal
departments, agencies, and corporations directing compliance
with the provisions in title VII of this Act.
Sec. 204. (a) Beginning not later than 10 days after the
date of enactment of this Act, the Office of Management and
Budget shall provide to the Committees on Appropriations of
the House of Representatives and the Senate each document
apportioning an appropriation, pursuant to 31 U.S.C. 1512,
approved by the Office of Management and Budget, including
any associated footnotes, on the date of approval of such
apportionment by the Office of Management and Budget, until
the requirements of paragraph (b) are completed.
(b) Not later than 90 days after the date of enactment of
this Act, the Office of Management and Budget shall complete
implementation of an automated system to post each document
apportioning an appropriation, pursuant to 31 U.S.C. 1512,
including any associated footnotes, on a publicly accessible
website in a machine readable format, on the date of approval
of such form by the Office of Management and Budget, and
shall place on such website each document apportioning an
appropriation, pursuant to 31 U.S.C. 1512, including any
associated footnotes, already approved by the Office of
Management and Budget in fiscal year 2020, and shall report
the date of completion of such requirements to the Committees
on Appropriations of the House of Representatives and the
Senate.
(c) Not later than 60 days after the date of enactment of
this Act, and each month thereafter during fiscal year 2020
and each subsequent fiscal year, the Director of the Office
of Management and Budget shall provide to the Committees on
Appropriations of the House of Representatives and the Senate
a report containing the bureau, account name, appropriation
name, and Treasury account fund symbol of each document
requesting apportionment of an appropriation, pursuant to 31
U.S.C. 1512, that has not been approved by the Office of
Management and Budget and that an agency initially submitted
to Office of Management and Budget 30 days or more prior to
the date of the report.
This title may be cited as the ``Executive Office of the
President Appropriations Act, 2020''.
TITLE III
THE JUDICIARY
Supreme Court of the United States
salaries and expenses
For expenses necessary for the operation of the Supreme
Court, as required by law, excluding care of the building and
grounds, including hire of passenger motor vehicles as
authorized by 31 U.S.C. 1343 and 1344; not to exceed $10,000
for official reception and representation expenses; and for
miscellaneous expenses, to be expended as the Chief Justice
may approve, $87,699,000, of which $1,500,000 shall remain
available until expended.
In addition, there are appropriated such sums as may be
necessary under current law for the salaries of the chief
justice and associate justices of the court.
care of the building and grounds
For such expenditures as may be necessary to enable the
Architect of the Capitol to carry out the duties imposed upon
the Architect by 40 U.S.C. 6111 and 6112, $15,590,000, to
remain available until expended.
United States Court of Appeals for the Federal Circuit
salaries and expenses
For salaries of officers and employees, and for necessary
expenses of the court, as authorized by law, $32,983,000.
In addition, there are appropriated such sums as may be
necessary under current law for the salaries of the chief
judge and judges of the court.
United States Court of International Trade
salaries and expenses
For salaries of officers and employees of the court,
services, and necessary expenses of the court, as authorized
by law, $19,362,000.
In addition, there are appropriated such sums as may be
necessary under current law for the salaries of the chief
judge and judges of the court.
Courts of Appeals, District Courts, and Other Judicial Services
salaries and expenses
For the salaries of judges of the United States Court of
Federal Claims, magistrate judges, and all other officers and
employees of the Federal Judiciary not otherwise specifically
provided for, necessary expenses of the courts, and the
purchase, rental, repair, and cleaning of uniforms for
Probation and Pretrial Services Office staff, as authorized
by law, $5,274,383,000 (including the purchase of firearms
and ammunition); of which not to exceed $27,817,000 shall
remain available until expended for space alteration projects
and for furniture and furnishings related to new space
alteration and construction projects.
In addition, there are appropriated such sums as may be
necessary under current law for the salaries of circuit and
district judges (including judges of the territorial courts
of the United States), bankruptcy judges, and justices and
judges retired from office or from regular active service.
In addition, for expenses of the United States Court of
Federal Claims associated with processing cases under the
National Childhood Vaccine Injury Act of 1986 (Public Law 99-
660), not to exceed $9,070,000, to be appropriated from the
Vaccine Injury Compensation Trust Fund.
defender services
For the operation of Federal Defender organizations; the
compensation and reimbursement of expenses of attorneys
appointed to represent persons under 18 U.S.C. 3006A and
3599, and for the compensation and reimbursement of expenses
of persons furnishing investigative, expert, and other
services for such representations as authorized by law; the
compensation (in accordance with the maximums under 18 U.S.C.
3006A) and reimbursement of expenses of attorneys appointed
to assist the court in criminal cases where the defendant has
waived representation by counsel; the compensation and
reimbursement of expenses of attorneys appointed to represent
jurors in civil actions for the protection of their
employment, as authorized by 28 U.S.C. 1875(d)(1); the
compensation and reimbursement of expenses of attorneys
appointed under 18 U.S.C. 983(b)(1) in connection with
certain judicial civil forfeiture proceedings; the
compensation and reimbursement of travel expenses of
guardians ad litem appointed under 18 U.S.C. 4100(b); and for
necessary training and general administrative expenses,
$1,234,574,000 to remain available until expended.
fees of jurors and commissioners
For fees and expenses of jurors as authorized by 28 U.S.C.
1871 and 1876; compensation of jury commissioners as
authorized by 28 U.S.C. 1863; and compensation of
commissioners appointed in condemnation cases pursuant to
rule 71.1(h) of the Federal Rules of Civil Procedure (28
U.S.C. Appendix Rule 71.1(h)), $51,851,000, to remain
available until expended: Provided, That the compensation of
land commissioners shall not exceed the daily equivalent of
the highest rate payable under 5 U.S.C. 5332.
court security
(including transfer of funds)
For necessary expenses, not otherwise provided for,
incident to the provision of protective guard services for
United States courthouses and other facilities housing
Federal court operations, and the procurement, installation,
and maintenance of security systems and equipment for United
States courthouses and other facilities housing Federal court
operations, including building ingress-egress control,
inspection of mail and packages, directed security patrols,
perimeter security, basic security services provided by
[[Page H5116]]
the Federal Protective Service, and other similar activities
as authorized by section 1010 of the Judicial Improvement and
Access to Justice Act (Public Law 100-702), $641,108,000, of
which not to exceed $20,000,000 shall remain available until
expended, to be expended directly or transferred to the
United States Marshals Service, which shall be responsible
for administering the Judicial Facility Security Program
consistent with standards or guidelines agreed to by the
Director of the Administrative Office of the United States
Courts and the Attorney General.
Administrative Office of the United States Courts
salaries and expenses
For necessary expenses of the Administrative Office of the
United States Courts as authorized by law, including travel
as authorized by 31 U.S.C. 1345, hire of a passenger motor
vehicle as authorized by 31 U.S.C. 1343(b), advertising and
rent in the District of Columbia and elsewhere, $94,261,000,
of which not to exceed $8,500 is authorized for official
reception and representation expenses.
Federal Judicial Center
salaries and expenses
For necessary expenses of the Federal Judicial Center, as
authorized by Public Law 90-219, $30,736,000; of which
$1,800,000 shall remain available through September 30, 2021,
to provide education and training to Federal court personnel;
and of which not to exceed $1,500 is authorized for official
reception and representation expenses.
United States Sentencing Commission
salaries and expenses
For the salaries and expenses necessary to carry out the
provisions of chapter 58 of title 28, United States Code,
$19,685,000, of which not to exceed $1,000 is authorized for
official reception and representation expenses.
Administrative Provisions--The Judiciary
(including transfer of funds)
Sec. 301. Appropriations and authorizations made in this
title which are available for salaries and expenses shall be
available for services as authorized by 5 U.S.C. 3109.
Sec. 302. Not to exceed 5 percent of any appropriation
made available for the current fiscal year for the Judiciary
in this Act may be transferred between such appropriations,
but no such appropriation, except ``Courts of Appeals,
District Courts, and Other Judicial Services, Defender
Services'' and ``Courts of Appeals, District Courts, and
Other Judicial Services, Fees of Jurors and Commissioners'',
shall be increased by more than 10 percent by any such
transfers: Provided, That any transfer pursuant to this
section shall be treated as a reprogramming of funds under
sections 604 and 608 of this Act and shall not be available
for obligation or expenditure except in compliance with the
procedures set forth in section 608.
Sec. 303. Notwithstanding any other provision of law, the
salaries and expenses appropriation for ``Courts of Appeals,
District Courts, and Other Judicial Services'' shall be
available for official reception and representation expenses
of the Judicial Conference of the United States: Provided,
That such available funds shall not exceed $11,000 and shall
be administered by the Director of the Administrative Office
of the United States Courts in the capacity as Secretary of
the Judicial Conference.
Sec. 304. Section 3315(a) of title 40, United States Code,
shall be applied by substituting ``Federal'' for
``executive'' each place it appears.
Sec. 305. In accordance with 28 U.S.C. 561-569, and
notwithstanding any other provision of law, the United States
Marshals Service shall provide, for such courthouses as its
Director may designate in consultation with the Director of
the Administrative Office of the United States Courts, for
purposes of a pilot program, the security services that 40
U.S.C. 1315 authorizes the Department of Homeland Security to
provide, except for the services specified in 40 U.S.C.
1315(b)(2)(E). For building-specific security services at
these courthouses, the Director of the Administrative Office
of the United States Courts shall reimburse the United States
Marshals Service rather than the Department of Homeland
Security.
Sec. 306. (a) Section 203(c) of the Judicial Improvements
Act of 1990 (Public Law 101-650; 28 U.S.C. 133 note), is
amended in the matter following paragraph (12)--
(1) in the second sentence (relating to the District of
Kansas), by striking ``28 years and 6 months'' and inserting
``29 years and 6 months''; and
(2) in the sixth sentence (relating to the District of
Hawaii), by striking ``25 years and 6 months'' and inserting
``26 years and 6 months''.
(b) Section 406 of the Transportation, Treasury, Housing
and Urban Development, the Judiciary, the District of
Columbia, and Independent Agencies Appropriations Act, 2006
(Public Law 109-115; 119 Stat. 2470; 28 U.S.C. 133 note) is
amended in the second sentence (relating to the eastern
District of Missouri) by striking ``26 years and 6 months''
and inserting ``27 years and 6 months''.
(c) Section 312(c)(2) of the 21st Century Department of
Justice Appropriations Authorization Act (Public Law 107-273;
28 U.S.C. 133 note), is amended--
(1) in the first sentence--
(A) by striking ``the central district of California and
the western district of North Carolina'' and inserting ``the
central district of California, the western district of North
Carolina, and the northern district of Alabama''; and
(B) by striking ``17 years'' and inserting ``18 years'';
(2) in the second sentence (relating to the central
district of California), by striking ``16 years and 6
months'' and inserting ``17 years and 6 months'';
(3) in the third sentence (relating to the western district
of North Carolina), by striking ``15 years'' and inserting
``16 years''; and
(4) by adding at the end the following: ``The first vacancy
in the office of district judge in the northern district of
Alabama occurring 17 years or more after the confirmation
date of the judge named to fill the temporary district
judgeship created in that district by this subsection, shall
not be filled.''.
This title may be cited as the ``Judiciary Appropriations
Act, 2020''.
TITLE IV
DISTRICT OF COLUMBIA
Federal Funds
federal payment for resident tuition support
For a Federal payment to the District of Columbia, to be
deposited into a dedicated account, for a nationwide program
to be administered by the Mayor, for District of Columbia
resident tuition support, $40,000,000, to remain available
until expended: Provided, That such funds, including any
interest accrued thereon, may be used on behalf of eligible
District of Columbia residents to pay an amount based upon
the difference between in-State and out-of-State tuition at
public institutions of higher education, or to pay up to
$2,500 each year at eligible private institutions of higher
education: Provided further, That the awarding of such funds
may be prioritized on the basis of a resident's academic
merit, the income and need of eligible students and such
other factors as may be authorized: Provided further, That
the District of Columbia government shall maintain a
dedicated account for the Resident Tuition Support Program
that shall consist of the Federal funds appropriated to the
Program in this Act and any subsequent appropriations, any
unobligated balances from prior fiscal years, and any
interest earned in this or any fiscal year: Provided
further, That the account shall be under the control of the
District of Columbia Chief Financial Officer, who shall use
those funds solely for the purposes of carrying out the
Resident Tuition Support Program: Provided further, That the
Office of the Chief Financial Officer shall provide a
quarterly financial report to the Committees on
Appropriations of the House of Representatives and the Senate
for these funds showing, by object class, the expenditures
made and the purpose therefor.
federal payment for emergency planning and security costs in the
district of columbia
For a Federal payment of necessary expenses, as determined
by the Mayor of the District of Columbia in written
consultation with the elected county or city officials of
surrounding jurisdictions, $16,000,000, to remain available
until expended, for the costs of providing public safety at
events related to the presence of the National Capital in the
District of Columbia, including support requested by the
Director of the United States Secret Service in carrying out
protective duties under the direction of the Secretary of
Homeland Security, and for the costs of providing support to
respond to immediate and specific terrorist threats or
attacks in the District of Columbia or surrounding
jurisdictions.
federal payment to the district of columbia courts
For salaries and expenses for the District of Columbia
Courts, $278,488,000 to be allocated as follows: for the
District of Columbia Court of Appeals, $14,682,000, of which
not to exceed $2,500 is for official reception and
representation expenses; for the Superior Court of the
District of Columbia, $125,638,000, of which not to exceed
$2,500 is for official reception and representation expenses;
for the District of Columbia Court System, $75,518,000, of
which not to exceed $2,500 is for official reception and
representation expenses; and $62,650,000, to remain available
until September 30, 2021, for capital improvements for
District of Columbia courthouse facilities: Provided, That
funds made available for capital improvements shall be
expended consistent with the District of Columbia Courts
master plan study and facilities condition assessment:
Provided further, That, in addition to the amounts
appropriated herein, fees received by the District of
Columbia Courts for administering bar examinations and
processing District of Columbia bar admissions may be
retained and credited to this appropriation, to remain
available until expended, for salaries and expenses
associated with such activities, notwithstanding section 450
of the District of Columbia Home Rule Act (D.C. Official
Code, sec. 1-204.50): Provided further, That notwithstanding
any other provision of law, all amounts under this heading
shall be apportioned quarterly by the Office of Management
and Budget and obligated and expended in the same manner as
funds appropriated for salaries and expenses of other Federal
agencies: Provided further, That 30 days after providing
written notice to the Committees on Appropriations of the
House of Representatives and the Senate, the District of
Columbia Courts may reallocate not more than
[[Page H5117]]
$9,000,000 of the funds provided under this heading among the
items and entities funded under this heading: Provided
further, That the Joint Committee on Judicial Administration
in the District of Columbia may, by regulation, establish a
program substantially similar to the program set forth in
subchapter II of chapter 35 of title 5, United States Code,
for employees of the District of Columbia Courts.
federal payment for defender services in district of columbia courts
(including transfer of funds)
For payments authorized under section 11-2604 and section
11-2605, D.C. Official Code (relating to representation
provided under the District of Columbia Criminal Justice
Act), payments for counsel appointed in proceedings in the
Family Court of the Superior Court of the District of
Columbia under chapter 23 of title 16, D.C. Official Code, or
pursuant to contractual agreements to provide guardian ad
litem representation, training, technical assistance, and
such other services as are necessary to improve the quality
of guardian ad litem representation, payments for counsel
appointed in adoption proceedings under chapter 3 of title
16, D.C. Official Code, and payments authorized under section
21-2060, D.C. Official Code (relating to services provided
under the District of Columbia Guardianship, Protective
Proceedings, and Durable Power of Attorney Act of 1986),
$46,005,000, to remain available until expended: Provided,
That not more than $20,000,000 in unobligated funds provided
in this account may be transferred to and merged with funds
made available under the heading ``Federal Payment to the
District of Columbia Courts,'' to be available for the same
period and purposes as funds made available under that
heading for capital improvements to District of Columbia
courthouse facilities: Provided further, That funds provided
under this heading shall be administered by the Joint
Committee on Judicial Administration in the District of
Columbia: Provided further, That, notwithstanding any other
provision of law, this appropriation shall be apportioned
quarterly by the Office of Management and Budget and
obligated and expended in the same manner as funds
appropriated for expenses of other Federal agencies.
federal payment to the court services and offender supervision agency
for the district of columbia
For salaries and expenses, including the transfer and hire
of motor vehicles, of the Court Services and Offender
Supervision Agency for the District of Columbia, as
authorized by the National Capital Revitalization and Self-
Government Improvement Act of 1997, $248,524,000, of which
not to exceed $2,000 is for official reception and
representation expenses related to Community Supervision and
Pretrial Services Agency programs, and of which not to exceed
$25,000 is for dues and assessments relating to the
implementation of the Court Services and Offender Supervision
Agency Interstate Supervision Act of 2002: Provided, That,
of the funds appropriated under this heading, $181,065,000
shall be for necessary expenses of Community Supervision and
Sex Offender Registration, to include expenses relating to
the supervision of adults subject to protection orders or the
provision of services for or related to such persons, of
which $3,818,000 shall remain available until September 30,
2022 for costs associated with relocation under a replacement
lease for headquarters offices, field offices, and related
facilities: Provided further, That, of the funds
appropriated under this heading, $67,459,000 shall be
available to the Pretrial Services Agency, of which $998,000
shall remain available until September 30, 2022 for costs
associated with relocation under a replacement lease for
headquarters offices, field offices, and related facilities:
Provided further, That notwithstanding any other provision of
law, all amounts under this heading shall be apportioned
quarterly by the Office of Management and Budget and
obligated and expended in the same manner as funds
appropriated for salaries and expenses of other Federal
agencies: Provided further, That amounts under this heading
may be used for programmatic incentives for defendants to
successfully complete their terms of supervision.
federal payment to the district of columbia public defender service
For salaries and expenses, including the transfer and hire
of motor vehicles, of the District of Columbia Public
Defender Service, as authorized by the National Capital
Revitalization and Self-Government Improvement Act of 1997,
$43,569,000, of which $344,000 shall remain available until
September 30, 2022 for costs associated with relocation under
a replacement lease for headquarters offices, field offices,
and related facilities: Provided, That notwithstanding any
other provision of law, all amounts under this heading shall
be apportioned quarterly by the Office of Management and
Budget and obligated and expended in the same manner as funds
appropriated for salaries and expenses of Federal agencies.
federal payment to the criminal justice coordinating council
For a Federal payment to the Criminal Justice Coordinating
Council, $2,150,000, to remain available until expended, to
support initiatives related to the coordination of Federal
and local criminal justice resources in the District of
Columbia.
federal payment for judicial commissions
For a Federal payment, to remain available until September
30, 2021, to the Commission on Judicial Disabilities and
Tenure, $325,000, and for the Judicial Nomination Commission,
$275,000.
federal payment for school improvement
For a Federal payment for a school improvement program in
the District of Columbia, $52,500,000, to remain available
until expended, for payments authorized under the
Scholarships for Opportunity and Results Act (division C of
Public Law 112-10): Provided, That, to the extent that funds
are available for opportunity scholarships and following the
priorities included in section 3006 of such Act, the
Secretary of Education shall make scholarships available to
students eligible under section 3013(3) of such Act (Public
Law 112-10; 125 Stat. 211) including students who were not
offered a scholarship during any previous school year:
Provided further, That within funds provided for opportunity
scholarships up to $1,200,000 shall be for the activities
specified in sections 3007(b) through 3007(d) of the Act and
up to $500,000 shall be for the activities specified in
section 3009 of the Act: Provided further, That none of the
funds made available under this heading may be used for an
opportunity scholarship for a student to attend a school
which does not certify to the Secretary of Education that the
student will be provided with the same protections under the
Federal laws which are enforced by the Office for Civil
Rights of the Department of Education which are provided to a
student of a public elementary or secondary school in the
District of Columbia and which does not certify to the
Secretary of Education that the student and the student's
parents will be provided with the same services, rights, and
protections under the Individuals With Disabilities Education
Act (20 U.S.C. 1400 et seq.) which are provided to a student
and a student's parents of a public elementary or secondary
school in the District of Columbia, as enumerated in Table 2
of Government Accountability Office Report 18-94 (entitled
``Federal Actions Needed to Ensure Parents Are Notified About
Changes in Rights for Students with Disabilities''), issued
November 2017.
federal payment for the district of columbia national guard
For a Federal payment to the District of Columbia National
Guard, $435,000, to remain available until expended for the
Major General David F. Wherley, Jr. District of Columbia
National Guard Retention and College Access Program.
federal payment for testing and treatment of hiv/aids
For a Federal payment to the District of Columbia for the
testing of individuals for, and the treatment of individuals
with, human immunodeficiency virus and acquired
immunodeficiency syndrome in the District of Columbia,
$5,000,000.
federal payment to the district of columbia water and sewer authority
For a Federal payment to the District of Columbia Water and
Sewer Authority, $8,000,000, to remain available until
expended, to continue implementation of the Combined Sewer
Overflow Long-Term Plan: Provided, That the District of
Columbia Water and Sewer Authority provides a 100 percent
match for this payment.
This title may be cited as the ``District of Columbia
Appropriations Act, 2020''.
TITLE V
INDEPENDENT AGENCIES
Administrative Conference of the United States
salaries and expenses
For necessary expenses of the Administrative Conference of
the United States, authorized by 5 U.S.C. 591 et seq.,
$3,100,000, to remain available until September 30, 2021, of
which not to exceed $1,000 is for official reception and
representation expenses.
Consumer Product Safety Commission
salaries and expenses
For necessary expenses of the Consumer Product Safety
Commission, including hire of passenger motor vehicles,
services as authorized by 5 U.S.C. 3109, but at rates for
individuals not to exceed the per diem rate equivalent to the
maximum rate payable under 5 U.S.C. 5376, purchase of nominal
awards to recognize non-Federal officials' contributions to
Commission activities, and not to exceed $4,000 for official
reception and representation expenses, $135,500,000, of which
$1,300,000 shall remain available until expended to carry out
the program, including administrative costs, required by
section 1405 of the Virginia Graeme Baker Pool and Spa Safety
Act (Public Law 110-140; 15 U.S.C. 8004).
administrative provision--consumer product safety commission
Sec. 501. During fiscal year 2020, none of the amounts
made available by this Act may be used to finalize or
implement the Safety Standard for Recreational Off-Highway
Vehicles published by the Consumer Product Safety Commission
in the Federal Register on November 19, 2014 (79 Fed. Reg.
68964) until after--
(1) the National Academy of Sciences, in consultation with
the National Highway Traffic Safety Administration and the
Department of Defense, completes a study to determine--
(A) the technical validity of the lateral stability and
vehicle handling requirements
[[Page H5118]]
proposed by such standard for purposes of reducing the risk
of Recreational Off-Highway Vehicle (referred to in this
section as ``ROV'') rollovers in the off-road environment,
including the repeatability and reproducibility of testing
for compliance with such requirements;
(B) the number of ROV rollovers that would be prevented if
the proposed requirements were adopted;
(C) whether there is a technical basis for the proposal to
provide information on a point-of-sale hangtag about a ROV's
rollover resistance on a progressive scale; and
(D) the effect on the utility of ROVs used by the United
States military if the proposed requirements were adopted;
and
(2) a report containing the results of the study completed
under paragraph (1) is delivered to--
(A) the Committee on Commerce, Science, and Transportation
of the Senate;
(B) the Committee on Energy and Commerce of the House of
Representatives;
(C) the Committee on Appropriations of the Senate; and
(D) the Committee on Appropriations of the House of
Representatives.
Election Assistance Commission
salaries and expenses
(including transfer of funds)
For necessary expenses to carry out the Help America Vote
Act of 2002 (Public Law 107-252), $16,171,000, of which
$1,250,000 shall be transferred to the National Institute of
Standards and Technology for election reform activities
authorized under the Help America Vote Act of 2002; and of
which $2,400,000 shall remain available until September 30,
2021, for relocation expenses.
election security grants
Notwithstanding section 104(c)(2)(B) of the Help America
Vote Act of 2002 (52 U.S.C. 20904(c)(2)(B)), $600,000,000 is
provided to the Election Assistance Commission for necessary
expenses to make payments to States for activities to improve
the administration of elections for Federal office, including
to enhance election technology and make election security
improvements, as authorized by sections 101, 103, and 104 of
such Act: Provided, That each reference to the
``Administrator of General Services'' or the
``Administrator'' in sections 101 and 103 shall be deemed to
refer to the ``Election Assistance Commission'': Provided
further, That each reference to ``$5,000,000'' in section 103
shall be deemed to refer to ``$3,000,000'' and each reference
to ``$1,000,000'' in section 103 shall be deemed to refer to
``$600,000'': Provided further, That not later than 45 days
after the date of enactment of this Act, the Election
Assistance Commission shall make the payments to States under
this heading: Provided further, That a State shall use such
payment to replace voting systems which use direct-recording
electronic voting machines with a voting system which uses an
individual, durable, voter-verified paper ballot which is
marked by the voter by hand or through the use of a non-
tabulating ballot-marking device or system, so long as the
voter shall have the option to mark his or her ballot by
hand, and provides the voter with an opportunity to inspect
and confirm the marked ballot before casting (in this heading
referred to as a ``qualified voting system''): Provided
further, That for purposes of determining whether a voting
system is a qualified voting system, a voter-verified paper
audit trail receipt generated by a direct-recording
electronic voting machine is not a paper ballot: Provided
further, That none of the funds made available under this
heading may be used to purchase or obtain any voting system
which is not a qualified voting system: Provided further,
That a State may use such payment to carry out other
authorized activities to improve the administration of
elections for Federal office only if the State certifies to
the Election Assistance Commission that the State has
replaced all voting systems which use direct-recording
electronic voting machines with qualified voting systems:
Provided further, That not less than 50 percent of the amount
of the payment made to a State under this heading shall be
allocated in cash or in kind to the units of local government
which are responsible for the administration of elections for
Federal office in the State: Provided further, That not
later than 2 years after receiving a payment under this
heading, a State shall make available funds for such
activities in an amount equal to 5 percent of the total
amount of the payment made to the State under this heading.
Federal Communications Commission
salaries and expenses
For necessary expenses of the Federal Communications
Commission, as authorized by law, including uniforms and
allowances therefor, as authorized by 5 U.S.C. 5901-5902; not
to exceed $4,000 for official reception and representation
expenses; purchase and hire of motor vehicles; special
counsel fees; and services as authorized by 5 U.S.C. 3109,
$339,000,000, to remain available until expended: Provided,
That $339,000,000 of offsetting collections shall be assessed
and collected pursuant to section 9 of title I of the
Communications Act of 1934, shall be retained and used for
necessary expenses, and shall remain available until
expended: Provided further, That the sum herein appropriated
shall be reduced as such offsetting collections are received
during fiscal year 2020 so as to result in a final fiscal
year 2020 appropriation estimated at $0: Provided further,
That, notwithstanding 47 U.S.C. 309(j)(8)(B), proceeds from
the use of a competitive bidding system that may be retained
and made available for obligation shall not exceed
$132,538,680 for fiscal year 2020: Provided further, That,
of the amount appropriated under this heading, not less than
$11,105,700 shall be for the salaries and expenses of the
Office of Inspector General.
administrative provisions--federal communications commission
Sec. 510. Section 302 of the Universal Service
Antideficiency Temporary Suspension Act is amended by
striking ``December 31, 2019'' each place it appears and
inserting ``December 31, 2020''.
Sec. 511. None of the funds appropriated by this Act may
be used by the Federal Communications Commission to modify,
amend, or change its rules or regulations for universal
service support payments to implement the February 27, 2004,
recommendations of the Federal-State Joint Board on Universal
Service regarding single connection or primary line
restrictions on universal service support payments.
Federal Deposit Insurance Corporation
office of the inspector general
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, $42,982,000, to be derived from the Deposit
Insurance Fund or, only when appropriate, the FSLIC
Resolution Fund.
Federal Election Commission
salaries and expenses
For necessary expenses to carry out the provisions of the
Federal Election Campaign Act of 1971, $71,497,000, of which
not to exceed $5,000 shall be available for reception and
representation expenses.
Federal Labor Relations Authority
salaries and expenses
For necessary expenses to carry out functions of the
Federal Labor Relations Authority, pursuant to Reorganization
Plan Numbered 2 of 1978, and the Civil Service Reform Act of
1978, including services authorized by 5 U.S.C. 3109, and
including hire of experts and consultants, hire of passenger
motor vehicles, and including official reception and
representation expenses (not to exceed $1,500) and rental of
conference rooms in the District of Columbia and elsewhere,
$24,890,000: Provided, That public members of the Federal
Service Impasses Panel may be paid travel expenses and per
diem in lieu of subsistence as authorized by law (5 U.S.C.
5703) for persons employed intermittently in the Government
service, and compensation as authorized by 5 U.S.C. 3109:
Provided further, That, notwithstanding 31 U.S.C. 3302, funds
received from fees charged to non-Federal participants at
labor-management relations conferences shall be credited to
and merged with this account, to be available without further
appropriation for the costs of carrying out these
conferences.
Federal Trade Commission
salaries and expenses
For necessary expenses of the Federal Trade Commission,
including uniforms or allowances therefor, as authorized by 5
U.S.C. 5901-5902; services as authorized by 5 U.S.C. 3109;
hire of passenger motor vehicles; and not to exceed $2,000
for official reception and representation expenses,
$349,700,000, to remain available until expended: Provided,
That not to exceed $300,000 shall be available for use to
contract with a person or persons for collection services in
accordance with the terms of 31 U.S.C. 3718: Provided
further, That, notwithstanding any other provision of law,
not to exceed $141,000,000 of offsetting collections derived
from fees collected for premerger notification filings under
the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15
U.S.C. 18a), regardless of the year of collection, shall be
retained and used for necessary expenses in this
appropriation: Provided further, That, notwithstanding any
other provision of law, not to exceed $18,000,000 in
offsetting collections derived from fees sufficient to
implement and enforce the Telemarketing Sales Rule,
promulgated under the Telemarketing and Consumer Fraud and
Abuse Prevention Act (15 U.S.C. 6101 et seq.), shall be
credited to this account, and be retained and used for
necessary expenses in this appropriation: Provided further,
That the sum herein appropriated from the general fund shall
be reduced as such offsetting collections are received during
fiscal year 2020, so as to result in a final fiscal year 2020
appropriation from the general fund estimated at not more
than $190,700,000: Provided further, That none of the funds
made available to the Federal Trade Commission may be used to
implement subsection (e)(2)(B) of section 43 of the Federal
Deposit Insurance Act (12 U.S.C. 1831t).
General Services Administration
real property activities
federal buildings fund
limitations on availability of revenue
(including transfers of funds)
Amounts in the Fund, including revenues and collections
deposited into the Fund, shall be available for necessary
expenses of real property management and related activities
not otherwise provided for, including operation, maintenance,
and protection of federally owned and leased buildings;
rental of buildings in the District of Columbia; restoration
of leased premises; moving governmental agencies (including
space adjustments and telecommunications relocation
[[Page H5119]]
expenses) in connection with the assignment, allocation, and
transfer of space; contractual services incident to cleaning
or servicing buildings, and moving; repair and alteration of
federally owned buildings, including grounds, approaches, and
appurtenances; care and safeguarding of sites; maintenance,
preservation, demolition, and equipment; acquisition of
buildings and sites by purchase, condemnation, or as
otherwise authorized by law; acquisition of options to
purchase buildings and sites; conversion and extension of
federally owned buildings; preliminary planning and design of
projects by contract or otherwise; construction of new
buildings (including equipment for such buildings); and
payment of principal, interest, and any other obligations for
public buildings acquired by installment purchase and
purchase contract; in the aggregate amount of $9,059,112,000,
of which--
(1) $333,322,000 shall remain available until expended for
construction and acquisition (including funds for sites and
expenses, and associated design and construction services) as
follows:
(A) $85,000,000 shall be for the Calexico West Land Port of
Entry, Calexico, California; and
(B) $248,322,000 shall be for the San Luis I Land Port of
Entry, San Luis, Arizona:
Provided, That each of the foregoing limits of costs on new
construction and acquisition projects may be exceeded to the
extent that savings are effected in other such projects, but
not to exceed 10 percent of the amounts included in a
transmitted prospectus, if required, unless advance approval
is obtained from the Committees on Appropriations of a
greater amount;
(2) $848,894,000 shall remain available until expended for
repairs and alterations, including associated design and
construction services, of which--
(A) $436,837,000 is for Major Repairs and Alterations;
(B) $382,057,000 is for Basic Repairs and Alterations; and
(C) $30,000,000 is for Special Emphasis Programs for Fire
and Life Safety:
Provided, That funds made available in this or any previous
Act in the Federal Buildings Fund for Repairs and Alterations
shall, for prospectus projects, be limited to the amount
identified for each project, except each project in this or
any previous Act may be increased by an amount not to exceed
10 percent unless advance approval is obtained from the
Committees on Appropriations of a greater amount: Provided
further, That additional projects for which prospectuses have
been fully approved may be funded under this category only if
advance approval is obtained from the Committees on
Appropriations: Provided further, That the amounts provided
in this or any prior Act for ``Repairs and Alterations'' may
be used to fund costs associated with implementing security
improvements to buildings necessary to meet the minimum
standards for security in accordance with current law and in
compliance with the reprogramming guidelines of the
appropriate Committees of the House and Senate: Provided
further, That the difference between the funds appropriated
and expended on any projects in this or any prior Act, under
the heading ``Repairs and Alterations'', may be transferred
to Basic Repairs and Alterations or used to fund authorized
increases in prospectus projects: Provided further, That the
amount provided in this or any prior Act for Basic Repairs
and Alterations may be used to pay claims against the
Government arising from any projects under the heading
``Repairs and Alterations'' or used to fund authorized
increases in prospectus projects;
(3) $5,493,390,000 for rental of space to remain available
until expended; and
(4) $2,383,506,000 for building operations to remain
available until expended: Provided, That the total amount of
funds made available from this Fund to the General Services
Administration shall not be available for expenses of any
construction, repair, alteration and acquisition project for
which a prospectus, if required by 40 U.S.C. 3307(a), has not
been approved, except that necessary funds may be expended
for each project for required expenses for the development of
a proposed prospectus: Provided further, That funds
available in the Federal Buildings Fund may be expended for
emergency repairs when advance approval is obtained from the
Committees on Appropriations: Provided further, That amounts
necessary to provide reimbursable special services to other
agencies under 40 U.S.C. 592(b)(2) and amounts to provide
such reimbursable fencing, lighting, guard booths, and other
facilities on private or other property not in Government
ownership or control as may be appropriate to enable the
United States Secret Service to perform its protective
functions pursuant to 18 U.S.C. 3056, shall be available from
such revenues and collections: Provided further, That
revenues and collections and any other sums accruing to this
Fund during fiscal year 2020, excluding reimbursements under
40 U.S.C. 592(b)(2), in excess of the aggregate new
obligational authority authorized for Real Property
Activities of the Federal Buildings Fund in this Act shall
remain in the Fund and shall not be available for expenditure
except as authorized in appropriations Acts.
general activities
government-wide policy
For expenses authorized by law, not otherwise provided for,
for Government-wide policy and evaluation activities
associated with the management of real and personal property
assets and certain administrative services; Government-wide
policy support responsibilities relating to acquisition,
travel, motor vehicles, information technology management,
and related technology activities; and services as authorized
by 5 U.S.C. 3109; $65,843,000.
operating expenses
For expenses authorized by law, not otherwise provided for,
for Government-wide activities associated with utilization
and donation of surplus personal property; disposal of real
property; agency-wide policy direction, management, and
communications; and services as authorized by 5 U.S.C. 3109;
$49,440,000, of which $26,890,000 is for Real and Personal
Property Management and Disposal; and $22,550,000 is for the
Office of the Administrator, of which not to exceed $7,500 is
for official reception and representation expenses.
civilian board of contract appeals
For expenses authorized by law, not otherwise provided for,
for the activities associated with the Civilian Board of
Contract Appeals, $9,301,000.
office of inspector general
For necessary expenses of the Office of Inspector General
and service authorized by 5 U.S.C. 3109, $68,000,000:
Provided, That not to exceed $50,000 shall be available for
payment for information and detection of fraud against the
Government, including payment for recovery of stolen
Government property: Provided further, That not to exceed
$2,500 shall be available for awards to employees of other
Federal agencies and private citizens in recognition of
efforts and initiatives resulting in enhanced Office of
Inspector General effectiveness.
allowances and office staff for former presidents
For carrying out the provisions of the Act of August 25,
1958 (3 U.S.C. 102 note), and Public Law 95-138, $3,851,112.
federal citizen services fund
(including transfer of funds)
For necessary expenses of the Office of Products and
Programs, including services authorized by 40 U.S.C. 323 and
44 U.S.C. 3604; and for necessary expenses in support of
interagency projects that enable the Federal Government to
enhance its ability to conduct activities electronically,
through the development and implementation of innovative uses
of information technology; $53,400,000, to be deposited into
the Federal Citizen Services Fund: Provided, That the
previous amount may be transferred to Federal agencies to
carry out the purpose of the Federal Citizen Services Fund:
Provided further, That the appropriations, revenues,
reimbursements, and collections deposited into the Fund shall
be available until expended for necessary expenses of Federal
Citizen Services and other activities that enable the Federal
Government to enhance its ability to conduct activities
electronically in the aggregate amount not to exceed
$100,000,000: Provided further, That appropriations,
revenues, reimbursements, and collections accruing to this
Fund during fiscal year 2020 in excess of such amount shall
remain in the Fund and shall not be available for expenditure
except as authorized in appropriations Acts: Provided
further, That, of the total amount appropriated, up to
$5,000,000 shall be available for support functions and full-
time hires to support activities related to the
Administration's requirements under Title II of the
Foundations for Evidence-Based Policymaking Act (Public Law
115-435): Provided further, That the transfer authorities
provided herein shall be in addition to any other transfer
authority provided in this Act.
pre-election presidential transition
(including transfer of funds)
For activities authorized by the Pre-Election Presidential
Transition Act of 2010 (Public Law 111-283) and the
amendments made by such Act, not to exceed $9,620,000, to
remain available until September 30, 2021: Provided, That
such amounts may be transferred to ``Acquisition Services
Fund'' or ``Federal Buildings Fund'' to reimburse obligations
incurred for the purposes provided herein in fiscal years
2019 and 2020: Provided further, that amounts made available
under this heading shall be in addition to any other amounts
available for such purposes.
technology modernization fund
For the Technology Modernization Fund, $35,000,000, to
remain available until expended, for technology-related
modernization activities.
environmental review improvement fund
For necessary expenses of the Environmental Review
Improvement Fund established pursuant to 42 U.S.C. 4370m-
8(d), $6,070,000, to remain available until expended.
administrative provisions--general services administration
(including transfer of funds)
Sec. 520. Funds available to the General Services
Administration shall be available for the hire of passenger
motor vehicles.
Sec. 521. Funds in the Federal Buildings Fund made
available for fiscal year 2020 for Federal Buildings Fund
activities may be transferred between such activities only to
the extent necessary to meet program requirements: Provided,
That any proposed transfers shall be approved in advance by
the
[[Page H5120]]
Committees on Appropriations of the House of Representatives
and the Senate.
Sec. 522. Except as otherwise provided in this title,
funds made available by this Act shall be used to transmit a
fiscal year 2020 request for United States Courthouse
construction only if the request: (1) meets the design guide
standards for construction as established and approved by the
General Services Administration, the Judicial Conference of
the United States, and the Office of Management and Budget;
(2) reflects the priorities of the Judicial Conference of the
United States as set out in its approved Courthouse Project
Priorities plan; and (3) includes a standardized courtroom
utilization study of each facility to be constructed,
replaced, or expanded.
Sec. 523. None of the funds provided in this Act may be
used to increase the amount of occupiable square feet,
provide cleaning services, security enhancements, or any
other service usually provided through the Federal Buildings
Fund, to any agency that does not pay the rate per square
foot assessment for space and services as determined by the
General Services Administration in consideration of the
Public Buildings Amendments Act of 1972 (Public Law 92-313).
Sec. 524. From funds made available under the heading
``Federal Buildings Fund, Limitations on Availability of
Revenue'', claims against the Government of less than
$250,000 arising from direct construction projects and
acquisition of buildings may be liquidated from savings
effected in other construction projects with prior
notification to the Committees on Appropriations of the House
of Representatives and the Senate.
Sec. 525. In any case in which the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate adopt a resolution granting lease
authority pursuant to a prospectus transmitted to Congress by
the Administrator of the General Services Administration
under 40 U.S.C. 3307, the Administrator shall ensure that the
delineated area of procurement is identical to the delineated
area included in the prospectus for all lease agreements,
except that, if the Administrator determines that the
delineated area of the procurement should not be identical to
the delineated area included in the prospectus, the
Administrator shall provide an explanatory statement to each
of such committees and the Committees on Appropriations of
the House of Representatives and the Senate prior to
exercising any lease authority provided in the resolution.
Sec. 526. With respect to each project funded under the
heading ``Major Repairs and Alterations'' or ``Judiciary
Capital Security Program'', and with respect to E-Government
projects funded under the heading ``Federal Citizen Services
Fund'', the Administrator of General Services shall submit a
spending plan and explanation for each project to be
undertaken to the Committees on Appropriations of the House
of Representatives and the Senate not later than 60 days
after the date of enactment of this Act.
Harry S. Truman Scholarship Foundation
salaries and expenses
For payment to the Harry S. Truman Scholarship Foundation
Trust Fund, established by section 10 of Public Law 93-642,
$1,670,000, to remain available until expended.
Merit Systems Protection Board
salaries and expenses
(including transfer of funds)
For necessary expenses to carry out functions of the Merit
Systems Protection Board pursuant to Reorganization Plan
Numbered 2 of 1978, the Civil Service Reform Act of 1978, and
the Whistleblower Protection Act of 1989 (5 U.S.C. 5509
note), including services as authorized by 5 U.S.C. 3109,
rental of conference rooms in the District of Columbia and
elsewhere, hire of passenger motor vehicles, direct
procurement of survey printing, and not to exceed $2,000 for
official reception and representation expenses, $44,490,000,
to remain available until September 30, 2021, and in addition
not to exceed $2,345,000, to remain available until September
30, 2021, for administrative expenses to adjudicate
retirement appeals to be transferred from the Civil Service
Retirement and Disability Fund in amounts determined by the
Merit Systems Protection Board.
Morris K. Udall and Stewart L. Udall Foundation
morris k. udall and stewart l. udall trust fund
(including transfer of funds)
For payment to the Morris K. Udall and Stewart L. Udall
Trust Fund, pursuant to the Morris K. Udall and Stewart L.
Udall Foundation Act (20 U.S.C. 5601 et seq.), $1,800,000, to
remain available until expended, of which, notwithstanding
sections 8 and 9 of such Act, up to $1,000,000 shall be
available to carry out the activities authorized by section
6(7) of Public Law 102-259 and section 817(a) of Public Law
106-568 (20 U.S.C. 5604(7)): Provided, That any amounts
transferred during any previous fiscal year to the Office of
Inspector General of the Department of the Interior shall
remain available until expended for audits and investigations
of the Morris K. Udall and Stewart L. Udall Foundation,
consistent with the Inspector General Act of 1978 (5 U.S.C.
App.), and for annual independent financial audits of the
Morris K. Udall and Stewart L. Udall Foundation pursuant to
the Accountability of Tax Dollars Act of 2002 (Public Law
107-289): Provided further, That amounts transferred to the
Office of Inspector General of the Department of the Interior
during any previous fiscal year may be transferred to the
Morris K. Udall and Stewart L. Udall Foundation for annual
independent financial audits pursuant to the Accountability
of Tax Dollars Act of 2002 (Public Law 107-289).
environmental dispute resolution fund
For payment to the Environmental Dispute Resolution Fund to
carry out activities authorized in the Environmental Policy
and Conflict Resolution Act of 1998, $3,200,000, to remain
available until expended.
National Archives and Records Administration
operating expenses
For necessary expenses in connection with the
administration of the National Archives and Records
Administration and archived Federal records and related
activities, as provided by law, and for expenses necessary
for the review and declassification of documents, the
activities of the Public Interest Declassification Board, the
operations and maintenance of the electronic records
archives, the hire of passenger motor vehicles, and for
uniforms or allowances therefor, as authorized by law (5
U.S.C. 5901), including maintenance, repairs, and cleaning,
$354,706,000, of which $22,000,000 shall remain available
until expended for the repair and alteration of the National
Archives facility in College Park, Maryland, and related
improvements necessary to enhance the Federal Government's
ability to electronically preserve, manage, and store
Government records, and of which up to $4,097,000 shall
remain available until expended to implement section 3 and
section 5 of the Civil Rights Cold Case Records Collection
Act of 2018 (Public Law 115-426).
office of inspector general
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General
Reform Act of 2008, Public Law 110-409, 122 Stat. 4302-16
(2008), and the Inspector General Act of 1978 (5 U.S.C.
App.), and for the hire of passenger motor vehicles,
$4,823,000.
repairs and restoration
For the repair, alteration, and improvement of archives
facilities, and to provide adequate storage for holdings,
$7,500,000, to remain available until expended.
national historical publications and records commission
grants program
For necessary expenses for allocations and grants for
historical publications and records as authorized by 44
U.S.C. 2504, $7,000,000, to remain available until expended.
National Credit Union Administration
community development revolving loan fund
For the Community Development Revolving Loan Fund program
as authorized by 42 U.S.C. 9812, 9822 and 9910, $2,000,000
shall be available until September 30, 2021, for technical
assistance to low-income designated credit unions.
Office of Government Ethics
salaries and expenses
For necessary expenses to carry out functions of the Office
of Government Ethics pursuant to the Ethics in Government Act
of 1978, the Ethics Reform Act of 1989, and the Stop Trading
on Congressional Knowledge Act of 2012, including services as
authorized by 5 U.S.C. 3109, rental of conference rooms in
the District of Columbia and elsewhere, hire of passenger
motor vehicles, and not to exceed $1,500 for official
reception and representation expenses, $17,430,000.
Office of Personnel Management
salaries and expenses
(including transfer of trust funds)
For necessary expenses to carry out functions of the Office
of Personnel Management (OPM) pursuant to Reorganization Plan
Numbered 2 of 1978 and the Civil Service Reform Act of 1978,
including services as authorized by 5 U.S.C. 3109; medical
examinations performed for veterans by private physicians on
a fee basis; rental of conference rooms in the District of
Columbia and elsewhere; hire of passenger motor vehicles; not
to exceed $2,500 for official reception and representation
expenses; advances for reimbursements to applicable funds of
OPM and the Federal Bureau of Investigation for expenses
incurred under Executive Order No. 10422 of January 9, 1953,
as amended; and payment of per diem or subsistence allowances
to employees where Voting Rights Act activities require an
employee to remain overnight at his or her post of duty,
$148,668,000: Provided, That of the total amount made
available under this heading, not to exceed $9,000,000 shall
remain available until expended, for information technology
infrastructure modernization and Trust Fund Federal Financial
System migration or modernization, and shall be in addition
to funds otherwise made available for such purposes:
Provided further, That of the total amount made available
under this heading, $1,068,000 may be made available for
strengthening the capacity and capabilities of the
acquisition workforce (as defined by the Office of Federal
Procurement Policy Act, as amended (41 U.S.C. 4001 et seq.)),
including the recruitment, hiring, training, and retention of
such workforce and information technology in support of
acquisition workforce effectiveness or for management
solutions to improve
[[Page H5121]]
acquisition management; and in addition $160,398,000 for
administrative expenses, to be transferred from the
appropriate trust funds of OPM without regard to other
statutes, including direct procurement of printed materials,
for the retirement and insurance programs: Provided further,
That the provisions of this appropriation shall not affect
the authority to use applicable trust funds as provided by
sections 8348(a)(1)(B), 8958(f)(2)(A), 8988(f)(2)(A), and
9004(f)(2)(A) of title 5, United States Code: Provided
further, That no part of this appropriation shall be
available for salaries and expenses of the Legal Examining
Unit of OPM established pursuant to Executive Order No. 9358
of July 1, 1943, or any successor unit of like purpose:
Provided further, That the President's Commission on White
House Fellows, established by Executive Order No. 11183 of
October 3, 1964, may, during fiscal year 2020, accept
donations of money, property, and personal services:
Provided further, That such donations, including those from
prior years, may be used for the development of publicity
materials to provide information about the White House
Fellows, except that no such donations shall be accepted for
travel or reimbursement of travel expenses, or for the
salaries of employees of such Commission.
office of inspector general
salaries and expenses
(including transfer of trust funds)
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, including services as authorized by 5 U.S.C. 3109,
hire of passenger motor vehicles, $5,000,000, and in
addition, not to exceed $25,265,000 for administrative
expenses to audit, investigate, and provide other oversight
of the Office of Personnel Management's retirement and
insurance programs, to be transferred from the appropriate
trust funds of the Office of Personnel Management, as
determined by the Inspector General: Provided, That the
Inspector General is authorized to rent conference rooms in
the District of Columbia and elsewhere.
Office of Special Counsel
salaries and expenses
For necessary expenses to carry out functions of the Office
of Special Counsel pursuant to Reorganization Plan Numbered 2
of 1978, the Civil Service Reform Act of 1978 (Public Law 95-
454), the Whistleblower Protection Act of 1989 (Public Law
101-12) as amended by Public Law 107-304, the Whistleblower
Protection Enhancement Act of 2012 (Public Law 112-199), and
the Uniformed Services Employment and Reemployment Rights Act
of 1994 (Public Law 103-353), including services as
authorized by 5 U.S.C. 3109, payment of fees and expenses for
witnesses, rental of conference rooms in the District of
Columbia and elsewhere, and hire of passenger motor vehicles;
$28,000,000.
Postal Regulatory Commission
salaries and expenses
(including transfer of funds)
For necessary expenses of the Postal Regulatory Commission
in carrying out the provisions of the Postal Accountability
and Enhancement Act (Public Law 109-435), $16,615,000, to be
derived by transfer from the Postal Service Fund and expended
as authorized by section 603(a) of such Act.
Privacy and Civil Liberties Oversight Board
salaries and expenses
For necessary expenses of the Privacy and Civil Liberties
Oversight Board, as authorized by section 1061 of the
Intelligence Reform and Terrorism Prevention Act of 2004 (42
U.S.C. 2000ee), $7,500,000, to remain available until
September 30, 2021.
Securities and Exchange Commission
salaries and expenses
For necessary expenses for the Securities and Exchange
Commission, including services as authorized by 5 U.S.C.
3109, the rental of space (to include multiple year leases)
in the District of Columbia and elsewhere, and not to exceed
$3,500 for official reception and representation expenses,
$1,850,000,000, to remain available until expended; of which
not less than $609,434,000 shall be for the Division of
Enforcement; of which not less than $404,676,000 shall be for
the Office of Compliance Inspections and Examinations; of
which not less than $98,423,000 shall be for the Division of
Trading and Markets; of which not less than $103,087,000
shall be for Other Program Offices; of which not less than
$20,106,000 shall be for the Office of the Inspector General;
of which not to exceed $73,713,000 shall be for the Division
of Economic and Risk Analysis; of which not to exceed $75,000
shall be available for a permanent secretariat for the
International Organization of Securities Commissions; and of
which not to exceed $100,000 shall be available for expenses
for consultations and meetings hosted by the Commission with
foreign governmental and other regulatory officials, members
of their delegations and staffs to exchange views concerning
securities matters, such expenses to include necessary
logistic and administrative expenses and the expenses of
Commission staff and foreign invitees in attendance
including: (1) incidental expenses such as meals; (2) travel
and transportation; and (3) related lodging or subsistence.
In addition to the foregoing appropriation, for costs
associated with relocation under a replacement lease for the
Commission's New York regional office facilities, not to
exceed $10,524,799, to remain available until expended:
Provided, That for purposes of calculating the fee rate under
section 31(j) of the Securities Exchange Act of 1934 (15
U.S.C. 78ee(j)) for fiscal year 2020, all amounts
appropriated under this heading shall be deemed to be the
regular appropriation to the Commission for fiscal year 2020:
Provided further, That fees and charges authorized by
section 31 of the Securities Exchange Act of 1934 (15 U.S.C.
78ee) shall be credited to this account as offsetting
collections: Provided further, That not to exceed
$1,850,000,000 of such offsetting collections shall be
available until expended for necessary expenses of this
account and not to exceed $10,524,799 of such offsetting
collections shall be available until expended for costs under
this heading associated with relocation under a replacement
lease for the Commission's New York regional office
facilities: Provided further, That the total amount
appropriated under this heading from the general fund for
fiscal year 2020 shall be reduced as such offsetting fees are
received so as to result in a final total fiscal year 2020
appropriation from the general fund estimated at not more
than $0: Provided further, That if any amount of the
appropriation for costs associated with relocation under a
replacement lease for the Commission's New York regional
office facilities is subsequently de-obligated by the
Commission, such amount that was derived from the general
fund shall be returned to the general fund, and such amounts
that were derived from fees or assessments collected for such
purpose shall be paid to each national securities exchange
and national securities association, respectively, in
proportion to any fees or assessments paid by such national
securities exchange or national securities association under
section 31 of the Securities Exchange Act of 1934 (15 U.S.C.
78ee) in fiscal year 2020.
Selective Service System
salaries and expenses
For necessary expenses of the Selective Service System,
including expenses of attendance at meetings and of training
for uniformed personnel assigned to the Selective Service
System, as authorized by 5 U.S.C. 4101-4118 for civilian
employees; hire of passenger motor vehicles; services as
authorized by 5 U.S.C. 3109; and not to exceed $750 for
official reception and representation expenses; $24,500,000:
Provided, That during the current fiscal year, the President
may exempt this appropriation from the provisions of 31
U.S.C. 1341, whenever the President deems such action to be
necessary in the interest of national defense: Provided
further, That none of the funds appropriated by this Act may
be expended for or in connection with the induction of any
person into the Armed Forces of the United States.
Small Business Administration
salaries and expenses
For necessary expenses, not otherwise provided for, of the
Small Business Administration, including hire of passenger
motor vehicles as authorized by sections 1343 and 1344 of
title 31, United States Code, and not to exceed $3,500 for
official reception and representation expenses, $272,157,000,
of which not less than $12,000,000 shall be available for
examinations, reviews, and other lender oversight activities:
Provided, That the Administrator is authorized to charge
fees to cover the cost of publications developed by the Small
Business Administration, and certain loan program activities,
including fees authorized by section 5(b) of the Small
Business Act: Provided further, That, notwithstanding 31
U.S.C. 3302, revenues received from all such activities shall
be credited to this account, to remain available until
expended, for carrying out these purposes without further
appropriations: Provided further, That the Small Business
Administration may accept gifts in an amount not to exceed
$4,000,000 and may co-sponsor activities, each in accordance
with section 132(a) of division K of Public Law 108-447,
during fiscal year 2020: Provided further, That $6,100,000
shall be available for the Loan Modernization and Accounting
System, to be available until September 30, 2021.
entrepreneurial development programs
For necessary expenses of programs supporting
entrepreneurial and small business development, $281,800,000,
to remain available until September 30, 2021: Provided, That
$150,000,000 shall be available to fund grants for
performance in fiscal year 2020 or fiscal year 2021 as
authorized by section 21 of the Small Business Act: Provided
further, That $35,000,000 shall be for marketing, management,
and technical assistance under section 7(m) of the Small
Business Act (15 U.S.C. 636(m)(4)) by intermediaries that
make microloans under the microloan program: Provided
further, That $20,000,000 shall be available for grants to
States to carry out export programs that assist small
business concerns authorized under section 22(l) of the Small
Business Act (15 U.S.C. 649(l)).
office of inspector general
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, $21,900,000.
office of advocacy
For necessary expenses of the Office of Advocacy in
carrying out the provisions of title II of Public Law 94-305
(15 U.S.C. 634a et seq.) and the Regulatory Flexibility Act
of 1980 (5 U.S.C. 601 et seq.), $9,120,000, to remain
available until expended.
[[Page H5122]]
business loans program account
(including transfers of funds)
For the cost of direct loans, $5,000,000, to remain
available until expended, and for the cost of guaranteed
loans as authorized by section 7(a) of the Small Business Act
(Public Law 83-163), $100,650,000, to remain available until
expended: Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of
the Congressional Budget Act of 1974: Provided further, That
subject to section 502 of the Congressional Budget Act of
1974, during fiscal year 2020 commitments to guarantee loans
under section 503 of the Small Business Investment Act of
1958 shall not exceed $8,000,000,000: Provided further, That
during fiscal year 2020 commitments for general business
loans authorized under section 7(a) of the Small Business Act
shall not exceed $30,500,000,000 for a combination of
amortizing term loans and the aggregated maximum line of
credit provided by revolving loans: Provided further, That
during fiscal year 2020 commitments for loans authorized
under subparagraph (C) of section 502(7) of the Small
Business Investment Act of 1958 (15 U.S.C. 696(7)) shall not
exceed $7,500,000,000: Provided further, That during fiscal
year 2020 commitments to guarantee loans for debentures under
section 303(b) of the Small Business Investment Act of 1958
shall not exceed $4,000,000,000: Provided further, That
during fiscal year 2020, guarantees of trust certificates
authorized by section 5(g) of the Small Business Act shall
not exceed a principal amount of $12,000,000,000. In
addition, for administrative expenses to carry out the direct
and guaranteed loan programs, $155,150,000, which may be
transferred to and merged with the appropriations for
Salaries and Expenses.
disaster loans program account
(including transfers of funds)
For administrative expenses to carry out the direct loan
program authorized by section 7(b) of the Small Business Act,
$150,000,000, to be available until expended, of which
$1,600,000 is for the Office of Inspector General of the
Small Business Administration for audits and reviews of
disaster loans and the disaster loan programs and shall be
transferred to and merged with the appropriations for the
Office of Inspector General; and of which $8,400,000 is for
indirect administrative expenses for the direct loan program,
which may be transferred to and merged with the
appropriations for Salaries and Expenses.
administrative provisions--small business administration
(including transfer of funds)
Sec. 530. Not to exceed 5 percent of any appropriation
made available for the current fiscal year for the Small
Business Administration in this Act may be transferred
between such appropriations, but no such appropriation shall
be increased by more than 10 percent by any such transfers:
Provided, That any transfer pursuant to this paragraph shall
be treated as a reprogramming of funds under section 608 of
this Act and shall not be available for obligation or
expenditure except in compliance with the procedures set
forth in that section.
Sec. 531. Not to exceed 3 percent of any appropriation
made available in this Act for the Small Business
Administration under the headings ``Salaries and Expenses''
and ``Business Loans Program Account'' may be transferred to
the ``Information Technology System Modernization and Working
Capital Fund'' (IT WCF), as authorized by section 1077(b)(1)
of title X of division A of the National Defense
Authorization Act for Fiscal Year 2018, for the purposes
specified in section 1077(b)(3) of such Act, upon the advance
approval of the Committees on Appropriations of the House of
Representatives and the Senate: Provided, That amounts
transferred to the IT WCF under this section shall remain
available for obligation through September 30, 2023.
United States Postal Service
payment to the postal service fund
For payment to the Postal Service Fund for revenue forgone
on free and reduced rate mail, pursuant to subsections (c)
and (d) of section 2401 of title 39, United States Code,
$56,711,000: Provided, That mail for overseas voting and
mail for the blind shall continue to be free: Provided
further, That 6-day delivery and rural delivery of mail shall
continue at not less than the 1983 level: Provided further,
That none of the funds made available to the Postal Service
by this Act shall be used to implement any rule, regulation,
or policy of charging any officer or employee of any State or
local child support enforcement agency, or any individual
participating in a State or local program of child support
enforcement, a fee for information requested or provided
concerning an address of a postal customer: Provided
further, That none of the funds provided in this Act shall be
used to consolidate or close small rural and other small post
offices: Provided further, That the Postal Service may not
destroy, and shall continue to offer for sale, any copies of
the Multinational Species Conservation Funds Semipostal
Stamp, as authorized under the Multinational Species
Conservation Funds Semipostal Stamp Act of 2010 (Public Law
111-241): Provided further, That the Postal Service may not
destroy, and shall continue to offer for sale, any copies of
the Alzheimer's Semipostal Stamp issued under section 416 of
title 39, United States Code: Provided further, That the
previous proviso shall not be construed to limit or otherwise
prevent the Postal Service from issuing for sale any other
semipostal stamp pursuant to such section.
office of inspector general
salaries and expenses
(including transfer of funds)
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, $252,000,000, to be derived by transfer from the
Postal Service Fund and expended as authorized by section
603(b)(3) of the Postal Accountability and Enhancement Act
(Public Law 109-435).
United States Tax Court
salaries and expenses
For necessary expenses, including contract reporting and
other services as authorized by 5 U.S.C. 3109, $53,550,000,
of which $1,000,000 shall remain available until expended:
Provided, That travel expenses of the judges shall be paid
upon the written certificate of the judge.
TITLE VI
GENERAL PROVISIONS--THIS ACT
(including rescission of funds)
Sec. 601. None of the funds in this Act shall be used for
the planning or execution of any program to pay the expenses
of, or otherwise compensate, non-Federal parties intervening
in regulatory or adjudicatory proceedings funded in this Act.
Sec. 602. None of the funds appropriated in this Act shall
remain available for obligation beyond the current fiscal
year, nor may any be transferred to other appropriations,
unless expressly so provided herein.
Sec. 603. The expenditure of any appropriation under this
Act for any consulting service through procurement contract
pursuant to 5 U.S.C. 3109, shall be limited to those
contracts where such expenditures are a matter of public
record and available for public inspection, except where
otherwise provided under existing law, or under existing
Executive order issued pursuant to existing law.
Sec. 604. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality
of the United States Government, except pursuant to a
transfer made by, or transfer authority provided in, this Act
or any other appropriations Act.
Sec. 605. None of the funds made available by this Act
shall be available for any activity or for paying the salary
of any Government employee where funding an activity or
paying a salary to a Government employee would result in a
decision, determination, rule, regulation, or policy that
would prohibit the enforcement of section 307 of the Tariff
Act of 1930 (19 U.S.C. 1307).
Sec. 606. No funds appropriated pursuant to this Act may
be expended by an entity unless the entity agrees that in
expending the assistance the entity will comply with chapter
83 of title 41, United States Code.
Sec. 607. No funds appropriated or otherwise made
available under this Act shall be made available to any
person or entity that has been convicted of violating chapter
83 of title 41, United States Code.
Sec. 608. Except as otherwise provided in this Act, none
of the funds provided in this Act, provided by previous
appropriations Acts to the agencies or entities funded in
this Act that remain available for obligation or expenditure
in fiscal year 2020, or provided from any accounts in the
Treasury derived by the collection of fees and available to
the agencies funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds
that: (1) creates a new program; (2) eliminates a program,
project, or activity; (3) increases funds or personnel for
any program, project, or activity for which funds have been
denied or restricted by the Congress; (4) proposes to use
funds directed for a specific activity by the Committee on
Appropriations of either the House of Representatives or the
Senate for a different purpose; (5) augments existing
programs, projects, or activities in excess of $1,000,000 or
10 percent, whichever is less, or increases the number of
full-time employee equivalents by 10 percent or more; (6)
reduces existing programs, projects, or activities by
$1,000,000 or 10 percent, whichever is less, or reduces the
number of full-time employee equivalents by 10 percent or
more; (7) relocates an office or employees; or (8) creates,
reorganizes, or restructures a branch, division, office,
bureau, board, commission, agency, administration, or
department different from the budget justifications submitted
to the Committees on Appropriations of the House of
Representatives and the Senate or the tables in the report
accompanying this Act, whichever is more detailed, unless the
Committees on Appropriations of the House of Representatives
and the Senate are consulted 60 days in advance of such
reprogramming or of an announcement of intent relating to
such reprogramming, whichever occurs earlier, and are
notified in writing 30 days in advance of such reprogramming,
and approval is received from the Committees: Provided, That
not later than 60 days after the date of enactment of this
Act, each agency funded by this Act shall submit a report to
the Committees on Appropriations of the House of
Representatives and the Senate to establish the baseline for
application of reprogramming and transfer authorities for the
current fiscal year: Provided further, That at a minimum the
report shall include: (1) a table for each appropriation,
[[Page H5123]]
detailing both full-time employee equivalents and budget
authority, with separate columns to display the prior year
enacted level, the President's budget request, adjustments
made by Congress, adjustments due to enacted rescissions, if
appropriate, and the fiscal year enacted level; (2) a
delineation in the table for each appropriation and its
respective prior year enacted level by object class and
program, project, and activity as detailed in this Act, in
the accompanying report, or in the budget appendix for the
respective appropriation, whichever is more detailed, and
which shall apply to all items for which a dollar amount is
specified and to all programs for which new budget authority
is provided, as well as to discretionary grants and
discretionary grant allocations; and (3) an identification of
items of special congressional interest: Provided further,
That the amount appropriated or limited for salaries and
expenses for an agency shall be reduced by $100,000 per day
for each day after the required date that the report has not
been submitted to the Congress.
Sec. 609. Except as otherwise specifically provided by
law, not to exceed 50 percent of unobligated balances
remaining available at the end of fiscal year 2020 from
appropriations made available for salaries and expenses for
fiscal year 2020 in this Act, shall remain available through
September 30, 2021, for each such account for the purposes
authorized: Provided, That a request shall be submitted to
the Committees on Appropriations of the House of
Representatives and the Senate for approval prior to the
expenditure of such funds: Provided further, That these
requests shall be made in compliance with reprogramming
guidelines.
Sec. 610. (a) None of the funds made available in this Act
may be used by the Executive Office of the President to
request--
(1) any official background investigation report on any
individual from the Federal Bureau of Investigation; or
(2) a determination with respect to the treatment of an
organization as described in section 501(c) of the Internal
Revenue Code of 1986 and exempt from taxation under section
501(a) of such Code from the Department of the Treasury or
the Internal Revenue Service.
(b) Subsection (a) shall not apply--
(1) in the case of an official background investigation
report, if such individual has given express written consent
for such request not more than 6 months prior to the date of
such request and during the same presidential administration;
or
(2) if such request is required due to extraordinary
circumstances involving national security.
Sec. 611. The cost accounting standards promulgated under
chapter 15 of title 41, United States Code shall not apply
with respect to a contract under the Federal Employees Health
Benefits Program established under chapter 89 of title 5,
United States Code.
Sec. 612. For the purpose of resolving litigation and
implementing any settlement agreements regarding the
nonforeign area cost-of-living allowance program, the Office
of Personnel Management may accept and utilize (without
regard to any restriction on unanticipated travel expenses
imposed in an Appropriations Act) funds made available to the
Office of Personnel Management pursuant to court approval.
Sec. 613. No funds appropriated by this Act shall be
available to pay for an abortion, or the administrative
expenses in connection with any health plan under the Federal
employees health benefits program which provides any benefits
or coverage for abortions.
Sec. 614. The provision of section 613 shall not apply
where the life of the mother would be endangered if the fetus
were carried to term, or the pregnancy is the result of an
act of rape or incest.
Sec. 615. In order to promote Government access to
commercial information technology, the restriction on
purchasing nondomestic articles, materials, and supplies set
forth in chapter 83 of title 41, United States Code
(popularly known as the Buy American Act), shall not apply to
the acquisition by the Federal Government of information
technology (as defined in section 11101 of title 40, United
States Code), that is a commercial item (as defined in
section 103 of title 41, United States Code).
Sec. 616. Notwithstanding section 1353 of title 31, United
States Code, no officer or employee of any regulatory agency
or commission funded by this Act may accept on behalf of that
agency, nor may such agency or commission accept, payment or
reimbursement from a non-Federal entity for travel,
subsistence, or related expenses for the purpose of enabling
an officer or employee to attend and participate in any
meeting or similar function relating to the official duties
of the officer or employee when the entity offering payment
or reimbursement is a person or entity subject to regulation
by such agency or commission, or represents a person or
entity subject to regulation by such agency or commission,
unless the person or entity is an organization described in
section 501(c)(3) of the Internal Revenue Code of 1986 and
exempt from tax under section 501(a) of such Code.
Sec. 617. Notwithstanding section 708 of this Act, funds
made available to the Commodity Futures Trading Commission
and the Securities and Exchange Commission by this or any
other Act may be used for the interagency funding and
sponsorship of a joint advisory committee to advise on
emerging regulatory issues.
Sec. 618. (a)(1) Notwithstanding any other provision of
law, an Executive agency covered by this Act otherwise
authorized to enter into contracts for either leases or the
construction or alteration of real property for office,
meeting, storage, or other space must consult with the
General Services Administration before issuing a solicitation
for offers of new leases or construction contracts, and in
the case of succeeding leases, before entering into
negotiations with the current lessor.
(2) Any such agency with authority to enter into an
emergency lease may do so during any period declared by the
President to require emergency leasing authority with respect
to such agency.
(b) For purposes of this section, the term ``Executive
agency covered by this Act'' means any Executive agency
provided funds by this Act, but does not include the General
Services Administration or the United States Postal Service.
Sec. 619. (a) There are appropriated for the following
activities the amounts required under current law:
(1) Compensation of the President (3 U.S.C. 102).
(2) Payments to--
(A) the Judicial Officers' Retirement Fund (28 U.S.C.
377(o));
(B) the Judicial Survivors' Annuities Fund (28 U.S.C.
376(c)); and
(C) the United States Court of Federal Claims Judges'
Retirement Fund (28 U.S.C. 178(l)).
(3) Payment of Government contributions--
(A) with respect to the health benefits of retired
employees, as authorized by chapter 89 of title 5, United
States Code, and the Retired Federal Employees Health
Benefits Act (74 Stat. 849); and
(B) with respect to the life insurance benefits for
employees retiring after December 31, 1989 (5 U.S.C. ch. 87).
(4) Payment to finance the unfunded liability of new and
increased annuity benefits under the Civil Service Retirement
and Disability Fund (5 U.S.C. 8348).
(5) Payment of annuities authorized to be paid from the
Civil Service Retirement and Disability Fund by statutory
provisions other than subchapter III of chapter 83 or chapter
84 of title 5, United States Code.
(b) Nothing in this section may be construed to exempt any
amount appropriated by this section from any otherwise
applicable limitation on the use of funds contained in this
Act.
Sec. 620. None of the funds made available in this Act may
be used by the Federal Trade Commission to complete the draft
report entitled ``Interagency Working Group on Food Marketed
to Children: Preliminary Proposed Nutrition Principles to
Guide Industry Self-Regulatory Efforts'' unless the
Interagency Working Group on Food Marketed to Children
complies with Executive Order No. 13563.
Sec. 621. None of the funds in this Act may be used for
the Director of the Office of Personnel Management to award a
contract, enter an extension of, or exercise an option on a
contract to a contractor conducting the final quality review
processes for background investigation fieldwork services or
background investigation support services that, as of the
date of the award of the contract, are being conducted by
that contractor.
Sec. 622. (a) The head of each executive branch agency
funded by this Act shall ensure that the Chief Information
Officer of the agency has the authority to participate in
decisions regarding the budget planning process related to
information technology.
(b) Amounts appropriated for any executive branch agency
funded by this Act that are available for information
technology shall be allocated within the agency, consistent
with the provisions of appropriations Acts and budget
guidelines and recommendations from the Director of the
Office of Management and Budget, in such manner as specified
by, or approved by, the Chief Information Officer of the
agency in consultation with the Chief Financial Officer of
the agency and budget officials.
Sec. 623. None of the funds made available in this Act may
be used in contravention of chapter 29, 31, or 33 of title
44, United States Code.
Sec. 624. None of the funds made available in this Act may
be used by a governmental entity to require the disclosure by
a provider of electronic communication service to the public
or remote computing service of the contents of a wire or
electronic communication that is in electronic storage with
the provider (as such terms are defined in sections 2510 and
2711 of title 18, United States Code) in a manner that
violates the Fourth Amendment to the Constitution of the
United States.
Sec. 625. None of the funds appropriated by this Act may
be used by the Federal Communications Commission to modify,
amend, or change the rules or regulations of the Commission
for universal service high-cost support for competitive
eligible telecommunications carriers in a way that is
inconsistent with paragraph (e)(5) or (e)(6) of section
54.307 of title 47, Code of Federal Regulations, as in effect
on July 15, 2015: Provided, That this section shall not
prohibit the Commission from considering, developing, or
adopting other support mechanisms as an alternative to
Mobility Fund Phase II.
Sec. 626. No funds provided in this Act shall be used to
deny an Inspector General
[[Page H5124]]
funded under this Act timely access to any records,
documents, or other materials available to the department or
agency over which that Inspector General has responsibilities
under the Inspector General Act of 1978, or to prevent or
impede that Inspector General's access to such records,
documents, or other materials, under any provision of law,
except a provision of law that expressly refers to the
Inspector General and expressly limits the Inspector
General's right of access. A department or agency covered by
this section shall provide its Inspector General with access
to all such records, documents, and other materials in a
timely manner. Each Inspector General shall ensure compliance
with statutory limitations on disclosure relevant to the
information provided by the establishment over which that
Inspector General has responsibilities under the Inspector
General Act of 1978. Each Inspector General covered by this
section shall report to the Committees on Appropriations of
the House of Representatives and the Senate within 5 calendar
days any failures to comply with this requirement.
Sec. 627. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network
unless such network blocks the viewing, downloading, and
exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law
enforcement agency or any other entity carrying out criminal
investigations, prosecution, adjudication activities, or
other law enforcement- or victim assistance-related activity.
Sec. 628. None of the funds appropriated or other-wise
made available by this Act may be used to pay award or
incentive fees for contractors whose performance has been
judged to be below satisfactory, behind schedule, over
budget, or has failed to meet the basic requirements of a
contract, unless the Agency determines that any such
deviations are due to unforeseeable events, government-driven
scope changes, or are not significant within the overall
scope of the project and/or program and unless such awards or
incentive fees are consistent with 16.401(e)(2) of the
Federal Acquisition Regulation.
Sec. 629. (a) None of the funds made available under this
Act may be used to pay for travel and conference activities
that result in a total cost to an Executive branch
department, agency, board or commission of more than $500,000
at any single conference unless the agency or entity
determines that such attendance is in the national interest
and advance notice is transmitted to the Committees on
Appropriations of the House of Representatives and the Senate
that includes the basis of that determination.
(b) None of the funds made available under this Act may be
used to pay for the travel to or attendance of more than 50
employees, who are stationed in the United States, at any
single conference occurring outside the United States unless
the agency or entity determines that such attendance is in
the national interest and advance notice is transmitted to
the Committees on Appropriations of the House of
Representatives and the Senate that includes the basis of
that determination.
Sec. 630. None of the funds made available by this Act may
be used for first-class or business-class travel by the
employees of executive branch agencies funded by this Act in
contravention of sections 301-10.122 through 301-10.125 of
title 41, Code of Federal Regulations.
Sec. 631. In addition to any amounts appropriated or
otherwise made available for expenses related to enhancements
to www.oversight.gov, $1,000,000, to remain available until
expended, shall be provided for an additional amount for such
purpose to the Inspectors General Council Fund established
pursuant to Section 11(c)(3)(B) of the Inspector General Act
of 1978 (5 U.S.C. App.): Provided, That these amounts shall
be in addition to any amounts or any authority available to
the Council of the Inspectors General on Integrity and
Efficiency under section 11 of the Inspector General Act of
1978 (5 U.S.C. App.).
Sec. 632. None of the funds made available by this Act or
any other Act may be obligated or expended--
(1) to reorganize or transfer any function or authority of
the Office of Personnel Management to the General Services
Administration or the Office of Management and Budget; or
(2) to enter into or carry out any outsourcing or
interagency agreement between the Office of Personnel
Management and the General Services Administration not in
effect before October 1, 2018.
Sec. 633. None of the funds made available in this Act may
be used to penalize a financial institution solely because
the institution provides financial services to an entity that
is a manufacturer, a producer, or a person that participates
in any business or organized activity that involves handling
marijuana, marijuana products, or marijuana proceeds, and
engages in such activity pursuant to a law established by a
State, political subdivision of a State, or Indian Tribe:
Provided, That the term ``State'' means each of the several
States, the District of Columbia, and any territory or
possession of the United States.
Sec. 634. None of the funds made available in this or any
other Act may be used to propose, promulgate, or implement
any rule, principle, policy, standard, or guidance, or take
any other action with respect to, changing the 2017
methodology prescribed by the Office of Management and Budget
for determining the Official Poverty Measure.
Sec. 635. Of the unobligated balances from prior year
appropriations available under the heading ``Small Business
Administration--Business Loans Program Account'' heading,
$16,369,000 are hereby permanently rescinded: Provided, That
no amounts may be rescinded under this section from amounts
that were designated by the Congress as an emergency
requirement pursuant to a concurrent resolution on the budget
or the Balanced Budget and Emergency Deficit Control Act of
1985.
TITLE VII
GENERAL PROVISIONS--GOVERNMENT-WIDE
Departments, Agencies, and Corporations
(including transfer of funds)
Sec. 701. No department, agency, or instrumentality of the
United States receiving appropriated funds under this or any
other Act for fiscal year 2020 shall obligate or expend any
such funds, unless such department, agency, or
instrumentality has in place, and will continue to administer
in good faith, a written policy designed to ensure that all
of its workplaces are free from the illegal use, possession,
or distribution of controlled substances (as defined in the
Controlled Substances Act (21 U.S.C. 802)) by the officers
and employees of such department, agency, or instrumentality.
Sec. 702. Unless otherwise specifically provided, the
maximum amount allowable during the current fiscal year in
accordance with subsection 1343(c) of title 31, United States
Code, for the purchase of any passenger motor vehicle
(exclusive of buses, ambulances, law enforcement vehicles,
protective vehicles, and undercover surveillance vehicles),
is hereby fixed at $19,947 except station wagons for which
the maximum shall be $19,997: Provided, That these limits
may be exceeded by not to exceed $7,250 for police-type
vehicles: Provided further, That the limits set forth in
this section may not be exceeded by more than 5 percent for
electric or hybrid vehicles purchased for demonstration under
the provisions of the Electric and Hybrid Vehicle Research,
Development, and Demonstration Act of 1976: Provided
further, That the limits set forth in this section may be
exceeded by the incremental cost of clean alternative fuels
vehicles acquired pursuant to Public Law 101-549 over the
cost of comparable conventionally fueled vehicles: Provided
further, That the limits set forth in this section shall not
apply to any vehicle that is a commercial item and which
operates on alternative fuel, including but not limited to
electric, plug-in hybrid electric, and hydrogen fuel cell
vehicles.
Sec. 703. Appropriations of the executive departments and
independent establishments for the current fiscal year
available for expenses of travel, or for the expenses of the
activity concerned, are hereby made available for quarters
allowances and cost-of-living allowances, in accordance with
5 U.S.C. 5922-5924.
Sec. 704. Unless otherwise specified in law during the
current fiscal year, no part of any appropriation contained
in this or any other Act shall be used to pay the
compensation of any officer or employee of the Government of
the United States (including any agency the majority of the
stock of which is owned by the Government of the United
States) whose post of duty is in the continental United
States unless such person: (1) is a citizen of the United
States; (2) is a person who is lawfully admitted for
permanent residence and is seeking citizenship as outlined in
8 U.S.C. 1324b(a)(3)(B); (3) is a person who is admitted as a
refugee under 8 U.S.C. 1157 or is granted asylum under 8
U.S.C. 1158 and has filed a declaration of intention to
become a lawful permanent resident and then a citizen when
eligible; (4) is a person who owes allegiance to the United
States; or (5) is a person who is authorized to be employed
in the United States pursuant to the Deferred Action for
Childhood Arrivals program established under the memorandum
of the Secretary of Homeland Security dated June 15, 2012:
Provided, That for purposes of this section, affidavits
signed by any such person shall be considered prima facie
evidence that the requirements of this section with respect
to his or her status are being complied with: Provided
further, That for purposes of subsections (2) and (3) such
affidavits shall be submitted prior to employment and updated
thereafter as necessary: Provided further, That any person
making a false affidavit shall be guilty of a felony, and
upon conviction, shall be fined no more than $4,000 or
imprisoned for not more than 1 year, or both: Provided
further, That the above penal clause shall be in addition to,
and not in substitution for, any other provisions of existing
law: Provided further, That any payment made to any officer
or employee contrary to the provisions of this section shall
be recoverable in action by the Federal Government: Provided
further, That this section shall not apply to any person who
is an officer or employee of the Government of the United
States on the date of enactment of this Act, or to
international broadcasters employed by the Broadcasting Board
of Governors, or to temporary employment of translators, or
to temporary employment in the field service (not to exceed
60 days) as a result of emergencies: Provided further, That
this section does not apply to the employment as Wildland
firefighters for not more than 120 days of nonresident aliens
employed by the
[[Page H5125]]
Department of the Interior or the USDA Forest Service
pursuant to an agreement with another country.
Sec. 705. Appropriations available to any department or
agency during the current fiscal year for necessary expenses,
including maintenance or operating expenses, shall also be
available for payment to the General Services Administration
for charges for space and services and those expenses of
renovation and alteration of buildings and facilities which
constitute public improvements performed in accordance with
the Public Buildings Act of 1959 (73 Stat. 479), the Public
Buildings Amendments of 1972 (86 Stat. 216), or other
applicable law.
Sec. 706. In addition to funds provided in this or any
other Act, all Federal agencies are authorized to receive and
use funds resulting from the sale of materials, including
Federal records disposed of pursuant to a records schedule
recovered through recycling or waste prevention programs.
Such funds shall be available until expended for the
following purposes:
(1) Acquisition, waste reduction and prevention, and
recycling programs as described in Executive Order No. 13834
(May 17, 2018), including any such programs adopted prior to
the effective date of the Executive order.
(2) Other Federal agency environmental management programs,
including, but not limited to, the development and
implementation of hazardous waste management and pollution
prevention programs.
(3) Other employee programs as authorized by law or as
deemed appropriate by the head of the Federal agency.
Sec. 707. Funds made available by this or any other Act
for administrative expenses in the current fiscal year of the
corporations and agencies subject to chapter 91 of title 31,
United States Code, shall be available, in addition to
objects for which such funds are otherwise available, for
rent in the District of Columbia; services in accordance with
5 U.S.C. 3109; and the objects specified under this head, all
the provisions of which shall be applicable to the
expenditure of such funds unless otherwise specified in the
Act by which they are made available: Provided, That in the
event any functions budgeted as administrative expenses are
subsequently transferred to or paid from other funds, the
limitations on administrative expenses shall be
correspondingly reduced.
Sec. 708. No part of any appropriation contained in this
or any other Act shall be available for interagency financing
of boards (except Federal Executive Boards), commissions,
councils, committees, or similar groups (whether or not they
are interagency entities) which do not have a prior and
specific statutory approval to receive financial support from
more than one agency or instrumentality.
Sec. 709. None of the funds made available pursuant to the
provisions of this or any other Act shall be used to
implement, administer, or enforce any regulation which has
been disapproved pursuant to a joint resolution duly adopted
in accordance with the applicable law of the United States.
Sec. 710. (a) During the period in which an individual is
the head of a department or an agency, or occupies a position
in the Federal Government that requires confirmation by the
Senate, no funds may be obligated or expended in excess of
$5,000 to furnish or redecorate the office of such
individual, or to purchase furniture or make improvements for
any such office, unless advance notice of such furnishing or
redecoration is transmitted to the Committees on
Appropriations of the House of Representatives and the
Senate.
(b) The notification required under subsection (a) shall
include a justification for any expense that relates to
health and safety, an explanation of how the expenses align
with and advance the agency mission, and a report that
includes the following:
(1) Whether a hiring freeze is in place at the agency.
(2) Information on agency staffing levels, including a list
of positions that have been vacant for over 120 days, and an
explanation as to what barriers or disruptions have prevented
such positions from being filled.
(3) Any delays longer than 30 days in the administration of
grants with the potential to impact public health or safety.
(4) The number of pending FOIA requests, including the
number of requests that the agency failed to respond to
within 20 days of initial receipt.
(5) A list of outstanding recommendations from the
Government Accountability Office on how to improve agency
operations.
(c) Any individual found in violation of this section, as
determined by an agency inspector general or the Director of
the Office of Management and Budget, shall pay, into the
general fund of the Treasury, an amount equal to the expenses
obligated or expended in excess of $5,000, plus interest
(calculated at the rate equal to the interest rate for a
Federal Direct PLUS Loan, in accordance with 20 U.S.C.
1087(e)).
(d) For the purposes of this section, the term ``office''
shall include the entire suite of offices assigned to the
individual, as well as any other space used primarily by the
individual or the use of which is directly controlled by the
individual.
Sec. 711. Notwithstanding 31 U.S.C. 1346, or section 708
of this Act, funds made available for the current fiscal year
by this or any other Act shall be available for the
interagency funding of national security and emergency
preparedness telecommunications initiatives which benefit
multiple Federal departments, agencies, or entities, as
provided by Executive Order No. 13618 (July 6, 2012).
Sec. 712. (a) None of the funds made available by this or
any other Act may be obligated or expended by any department,
agency, or other instrumentality of the Federal Government to
pay the salaries or expenses of any individual appointed to a
position of a confidential or policy-determining character
that is excepted from the competitive service under section
3302 of title 5, United States Code, (pursuant to schedule C
of subpart C of part 213 of title 5 of the Code of Federal
Regulations) unless the head of the applicable department,
agency, or other instrumentality employing such schedule C
individual certifies to the Director of the Office of
Personnel Management that the schedule C position occupied by
the individual was not created solely or primarily in order
to detail the individual to the White House.
(b) The provisions of this section shall not apply to
Federal employees or members of the armed forces detailed to
or from an element of the intelligence community (as that
term is defined under section 3(4) of the National Security
Act of 1947 (50 U.S.C. 3003(4))).
Sec. 713. No part of any appropriation contained in this
or any other Act shall be available for the payment of the
salary of any officer or employee of the Federal Government,
who--
(1) prohibits or prevents, or attempts or threatens to
prohibit or prevent, any other officer or employee of the
Federal Government from having any direct oral or written
communication or contact with any Member, committee, or
subcommittee of the Congress in connection with any matter
pertaining to the employment of such other officer or
employee or pertaining to the department or agency of such
other officer or employee in any way, irrespective of whether
such communication or contact is at the initiative of such
other officer or employee or in response to the request or
inquiry of such Member, committee, or subcommittee; or
(2) removes, suspends from duty without pay, demotes,
reduces in rank, seniority, status, pay, or performance or
efficiency rating, denies promotion to, relocates, reassigns,
transfers, disciplines, or discriminates in regard to any
employment right, entitlement, or benefit, or any term or
condition of employment of, any other officer or employee of
the Federal Government, or attempts or threatens to commit
any of the foregoing actions with respect to such other
officer or employee, by reason of any communication or
contact of such other officer or employee with any Member,
committee, or subcommittee of the Congress as described in
paragraph (1).
Sec. 714. (a) None of the funds made available in this or
any other Act may be obligated or expended for any employee
training that--
(1) does not meet identified needs for knowledge, skills,
and abilities bearing directly upon the performance of
official duties;
(2) contains elements likely to induce high levels of
emotional response or psychological stress in some
participants;
(3) does not require prior employee notification of the
content and methods to be used in the training and written
end of course evaluation;
(4) contains any methods or content associated with
religious or quasi-religious belief systems or ``new age''
belief systems as defined in Equal Employment Opportunity
Commission Notice N-915.022, dated September 2, 1988; or
(5) is offensive to, or designed to change, participants'
personal values or lifestyle outside the workplace.
(b) Nothing in this section shall prohibit, restrict, or
otherwise preclude an agency from conducting training bearing
directly upon the performance of official duties.
Sec. 715. No part of any funds appropriated in this or any
other Act shall be used by an agency of the executive branch,
other than for normal and recognized executive-legislative
relationships, for publicity or propaganda purposes, and for
the preparation, distribution or use of any kit, pamphlet,
booklet, publication, radio, television, or film presentation
designed to support or defeat legislation pending before the
Congress, except in presentation to the Congress itself.
Sec. 716. None of the funds appropriated by this or any
other Act may be used by an agency to provide a Federal
employee's home address to any labor organization except when
the employee has authorized such disclosure or when such
disclosure has been ordered by a court of competent
jurisdiction.
Sec. 717. None of the funds made available in this or any
other Act may be used to provide any non-public information
such as mailing, telephone, or electronic mailing lists to
any person or any organization outside of the Federal
Government without the approval of the Committees on
Appropriations of the House of Representatives and the
Senate.
Sec. 718. No part of any appropriation contained in this
or any other Act shall be used directly or indirectly,
including by private contractor, for publicity or propaganda
purposes within the United States not heretofore authorized
by Congress.
Sec. 719. (a) In this section, the term ``agency''--
(1) means an Executive agency, as defined under 5 U.S.C.
105; and
(2) includes a military department, as defined under
section 102 of such title, the
[[Page H5126]]
United States Postal Service, and the Postal Regulatory
Commission.
(b) Unless authorized in accordance with law or regulations
to use such time for other purposes, an employee of an agency
shall use official time in an honest effort to perform
official duties. An employee not under a leave system,
including a Presidential appointee exempted under 5 U.S.C.
6301(2), has an obligation to expend an honest effort and a
reasonable proportion of such employee's time in the
performance of official duties.
Sec. 720. Notwithstanding 31 U.S.C. 1346 and section 708
of this Act, funds made available for the current fiscal year
by this or any other Act to any department or agency, which
is a member of the Federal Accounting Standards Advisory
Board (FASAB), shall be available to finance an appropriate
share of FASAB administrative costs.
Sec. 721. Notwithstanding 31 U.S.C. 1346 and section 708
of this Act, the head of each Executive department and agency
is hereby authorized to transfer to or reimburse ``General
Services Administration, Government-wide Policy'' with the
approval of the Director of the Office of Management and
Budget, funds made available for the current fiscal year by
this or any other Act, including rebates from charge card and
other contracts: Provided, That these funds shall be
administered by the Administrator of General Services to
support Government-wide and other multi-agency financial,
information technology, procurement, and other management
innovations, initiatives, and activities, including improving
coordination and reducing duplication, as approved by the
Director of the Office of Management and Budget, in
consultation with the appropriate interagency and multi-
agency groups designated by the Director (including the
President's Management Council for overall management
improvement initiatives, the Chief Financial Officers Council
for financial management initiatives, the Chief Information
Officers Council for information technology initiatives, the
Chief Human Capital Officers Council for human capital
initiatives, the Chief Acquisition Officers Council for
procurement initiatives, and the Performance Improvement
Council for performance improvement initiatives): Provided
further, That the total funds transferred or reimbursed shall
not exceed $15,000,000 to improve coordination, reduce
duplication, and for other activities related to Federal
Government Priority Goals established by 31 U.S.C. 1120, and
not to exceed $17,000,000 for Government-Wide innovations,
initiatives, and activities: Provided further, That the
funds transferred to or for reimbursement of ``General
Services Administration, Government-wide Policy'' during
fiscal year 2020 shall remain available for obligation
through September 30, 2021: Provided further, That such
transfers or reimbursements may only be made after 15 days
following notification of the Committees on Appropriations of
the House of Representatives and the Senate by the Director
of the Office of Management and Budget.
Sec. 722. Notwithstanding any other provision of law, a
woman may breastfeed her child at any location in a Federal
building or on Federal property, if the woman and her child
are otherwise authorized to be present at the location.
Sec. 723. Notwithstanding 31 U.S.C. 1346, or section 708
of this Act, funds made available for the current fiscal year
by this or any other Act shall be available for the
interagency funding of specific projects, workshops, studies,
and similar efforts to carry out the purposes of the National
Science and Technology Council (authorized by Executive Order
No. 12881), which benefit multiple Federal departments,
agencies, or entities: Provided, That the Office of
Management and Budget shall provide a report describing the
budget of and resources connected with the National Science
and Technology Council to the Committees on Appropriations,
the House Committee on Science and Technology, and the Senate
Committee on Commerce, Science, and Transportation 90 days
after enactment of this Act.
Sec. 724. Any request for proposals, solicitation, grant
application, form, notification, press release, or other
publications involving the distribution of Federal funds
shall comply with any relevant requirements in part 200 of
title 2, Code of Federal Regulations: Provided, That this
section shall apply to direct payments, formula funds, and
grants received by a State receiving Federal funds.
Sec. 725. (a) Prohibition of Federal Agency Monitoring of
Individuals' Internet Use.--None of the funds made available
in this or any other Act may be used by any Federal agency--
(1) to collect, review, or create any aggregation of data,
derived from any means, that includes any personally
identifiable information relating to an individual's access
to or use of any Federal Government Internet site of the
agency; or
(2) to enter into any agreement with a third party
(including another government agency) to collect, review, or
obtain any aggregation of data, derived from any means, that
includes any personally identifiable information relating to
an individual's access to or use of any nongovernmental
Internet site.
(b) Exceptions.--The limitations established in subsection
(a) shall not apply to--
(1) any record of aggregate data that does not identify
particular persons;
(2) any voluntary submission of personally identifiable
information;
(3) any action taken for law enforcement, regulatory, or
supervisory purposes, in accordance with applicable law; or
(4) any action described in subsection (a)(1) that is a
system security action taken by the operator of an Internet
site and is necessarily incident to providing the Internet
site services or to protecting the rights or property of the
provider of the Internet site.
(c) Definitions.--For the purposes of this section:
(1) The term ``regulatory'' means agency actions to
implement, interpret or enforce authorities provided in law.
(2) The term ``supervisory'' means examinations of the
agency's supervised institutions, including assessing safety
and soundness, overall financial condition, management
practices and policies and compliance with applicable
standards as provided in law.
Sec. 726. (a) None of the funds appropriated by this Act
may be used to enter into or renew a contract which includes
a provision providing prescription drug coverage, except
where the contract also includes a provision for
contraceptive coverage.
(b) Nothing in this section shall apply to a contract
with--
(1) any of the following religious plans:
(A) Personal Care's HMO; and
(B) OSF HealthPlans, Inc.; and
(2) any existing or future plan, if the carrier for the
plan objects to such coverage on the basis of religious
beliefs.
(c) In implementing this section, any plan that enters into
or renews a contract under this section may not subject any
individual to discrimination on the basis that the individual
refuses to prescribe or otherwise provide for contraceptives
because such activities would be contrary to the individual's
religious beliefs or moral convictions.
(d) Nothing in this section shall be construed to require
coverage of abortion or abortion-related services.
Sec. 727. The United States is committed to ensuring the
health of its Olympic, Pan American, and Paralympic athletes,
and supports the strict adherence to anti-doping in sport
through testing, adjudication, education, and research as
performed by nationally recognized oversight authorities.
Sec. 728. Notwithstanding any other provision of law,
funds appropriated for official travel to Federal departments
and agencies may be used by such departments and agencies, if
consistent with Office of Management and Budget Circular A-
126 regarding official travel for Government personnel, to
participate in the fractional aircraft ownership pilot
program.
Sec. 729. Notwithstanding any other provision of law, none
of the funds appropriated or made available under this or any
other appropriations Act may be used to implement or enforce
restrictions or limitations on the Coast Guard Congressional
Fellowship Program, or to implement the proposed regulations
of the Office of Personnel Management to add sections 300.311
through 300.316 to part 300 of title 5 of the Code of Federal
Regulations, published in the Federal Register, volume 68,
number 174, on September 9, 2003 (relating to the detail of
executive branch employees to the legislative branch).
Sec. 730. Notwithstanding any other provision of law, no
executive branch agency shall purchase, construct, or lease
any additional facilities, except within or contiguous to
existing locations, to be used for the purpose of conducting
Federal law enforcement training without the advance approval
of the Committees on Appropriations of the House of
Representatives and the Senate, except that the Federal Law
Enforcement Training Center is authorized to obtain the
temporary use of additional facilities by lease, contract, or
other agreement for training which cannot be accommodated in
existing Center facilities.
Sec. 731. Unless otherwise authorized by existing law,
none of the funds provided in this or any other Act may be
used by an executive branch agency to produce any prepackaged
news story intended for broadcast or distribution in the
United States, unless the story includes a clear notification
within the text or audio of the prepackaged news story that
the prepackaged news story was prepared or funded by that
executive branch agency.
Sec. 732. None of the funds made available in this Act may
be used in contravention of section 552a of title 5, United
States Code (popularly known as the Privacy Act), and
regulations implementing that section.
Sec. 733. (a) In General.--None of the funds appropriated
or otherwise made available by this or any other Act may be
used for any Federal Government contract with any foreign
incorporated entity which is treated as an inverted domestic
corporation under section 835(b) of the Homeland Security Act
of 2002 (6 U.S.C. 395(b)) or any subsidiary of such an
entity.
(b) Waivers.--
(1) In general.--Any Secretary shall waive subsection (a)
with respect to any Federal Government contract under the
authority of such Secretary if the Secretary determines that
the waiver is required in the interest of national security.
(2) Report to congress.--Any Secretary issuing a waiver
under paragraph (1) shall report such issuance to Congress.
(c) Exception.--This section shall not apply to any Federal
Government contract entered into before the date of the
enactment of this Act, or to any task order issued pursuant
to such contract.
Sec. 734. During fiscal year 2020, for each employee who--
(1) retires under section 8336(d)(2) or 8414(b)(1)(B) of
title 5, United States Code; or
[[Page H5127]]
(2) retires under any other provision of subchapter III of
chapter 83 or chapter 84 of such title 5 and receives a
payment as an incentive to separate, the separating agency
shall remit to the Civil Service Retirement and Disability
Fund an amount equal to the Office of Personnel Management's
average unit cost of processing a retirement claim for the
preceding fiscal year. Such amounts shall be available until
expended to the Office of Personnel Management and shall be
deemed to be an administrative expense under section
8348(a)(1)(B) of title 5, United States Code.
Sec. 735. None of the funds made available in this or any
other Act may be used to pay for the painting of a portrait
of an officer or employee of the Federal government,
including the President, the Vice President, a member of
Congress (including a Delegate or a Resident Commissioner to
Congress), the head of an executive branch agency (as defined
in section 133 of title 41, United States Code), or the head
of an office of the legislative branch.
Sec. 736. (a)(1) Notwithstanding any other provision of
law, and except as otherwise provided in this section, no
part of any of the funds appropriated for fiscal year 2020,
by this or any other Act, may be used to pay any prevailing
rate employee described in section 5342(a)(2)(A) of title 5,
United States Code--
(A) during the period from the date of expiration of the
limitation imposed by the comparable section for the previous
fiscal years until the normal effective date of the
applicable wage survey adjustment that is to take effect in
fiscal year 2020, in an amount that exceeds the rate payable
for the applicable grade and step of the applicable wage
schedule in accordance with such section; and
(B) during the period consisting of the remainder of fiscal
year 2020, in an amount that exceeds, as a result of a wage
survey adjustment, the rate payable under subparagraph (A) by
more than the sum of--
(i) the percentage adjustment taking effect in fiscal year
2020 under section 5303 of title 5, United States Code, in
the rates of pay under the General Schedule; and
(ii) the difference between the overall average percentage
of the locality-based comparability payments taking effect in
fiscal year 2020 under section 5304 of such title (whether by
adjustment or otherwise), and the overall average percentage
of such payments which was effective in the previous fiscal
year under such section.
(2) Notwithstanding any other provision of law, no
prevailing rate employee described in subparagraph (B) or (C)
of section 5342(a)(2) of title 5, United States Code, and no
employee covered by section 5348 of such title, may be paid
during the periods for which paragraph (1) is in effect at a
rate that exceeds the rates that would be payable under
paragraph (1) were paragraph (1) applicable to such employee.
(3) For the purposes of this subsection, the rates payable
to an employee who is covered by this subsection and who is
paid from a schedule not in existence on September 30, 2019,
shall be determined under regulations prescribed by the
Office of Personnel Management.
(4) Notwithstanding any other provision of law, rates of
premium pay for employees subject to this subsection may not
be changed from the rates in effect on September 30, 2019,
except to the extent determined by the Office of Personnel
Management to be consistent with the purpose of this
subsection.
(5) This subsection shall apply with respect to pay for
service performed after September 30, 2019.
(6) For the purpose of administering any provision of law
(including any rule or regulation that provides premium pay,
retirement, life insurance, or any other employee benefit)
that requires any deduction or contribution, or that imposes
any requirement or limitation on the basis of a rate of
salary or basic pay, the rate of salary or basic pay payable
after the application of this subsection shall be treated as
the rate of salary or basic pay.
(7) Nothing in this subsection shall be considered to
permit or require the payment to any employee covered by this
subsection at a rate in excess of the rate that would be
payable were this subsection not in effect.
(8) The Office of Personnel Management may provide for
exceptions to the limitations imposed by this subsection if
the Office determines that such exceptions are necessary to
ensure the recruitment or retention of qualified employees.
(b) Notwithstanding subsection (a), the adjustment in rates
of basic pay for the statutory pay systems that take place in
fiscal year 2020 under sections 5344 and 5348 of title 5,
United States Code, shall be--
(1) not less than the percentage received by employees in
the same location whose rates of basic pay are adjusted
pursuant to the statutory pay systems under sections 5303 and
5304 of title 5, United States Code: Provided, That
prevailing rate employees at locations where there are no
employees whose pay is increased pursuant to sections 5303
and 5304 of title 5, United States Code, and prevailing rate
employees described in section 5343(a)(5) of title 5, United
States Code, shall be considered to be located in the pay
locality designated as ``Rest of United States'' pursuant to
section 5304 of title 5, United States Code, for purposes of
this subsection; and
(2) effective as of the first day of the first applicable
pay period beginning after September 30, 2019.
Sec. 737. (a) The head of any Executive branch department,
agency, board, commission, or office funded by this or any
other appropriations Act shall submit annual reports to the
Inspector General or senior ethics official for any entity
without an Inspector General, regarding the costs and
contracting procedures related to each conference held by any
such department, agency, board, commission, or office during
fiscal year 2020 for which the cost to the United States
Government was more than $100,000.
(b) Each report submitted shall include, for each
conference described in subsection (a) held during the
applicable period--
(1) a description of its purpose;
(2) the number of participants attending;
(3) a detailed statement of the costs to the United States
Government, including--
(A) the cost of any food or beverages;
(B) the cost of any audio-visual services;
(C) the cost of employee or contractor travel to and from
the conference; and
(D) a discussion of the methodology used to determine which
costs relate to the conference; and
(4) a description of the contracting procedures used
including--
(A) whether contracts were awarded on a competitive basis;
and
(B) a discussion of any cost comparison conducted by the
departmental component or office in evaluating potential
contractors for the conference.
(c) Within 15 days after the end of a quarter, the head of
any such department, agency, board, commission, or office
shall notify the Inspector General or senior ethics official
for any entity without an Inspector General, of the date,
location, and number of employees attending a conference held
by any Executive branch department, agency, board,
commission, or office funded by this or any other
appropriations Act during fiscal year 2020 for which the cost
to the United States Government was more than $20,000.
(d) A grant or contract funded by amounts appropriated by
this or any other appropriations Act may not be used for the
purpose of defraying the costs of a conference described in
subsection (c) that is not directly and programmatically
related to the purpose for which the grant or contract was
awarded, such as a conference held in connection with
planning, training, assessment, review, or other routine
purposes related to a project funded by the grant or
contract.
(e) None of the funds made available in this or any other
appropriations Act may be used for travel and conference
activities that are not in compliance with Office of
Management and Budget Memorandum M-12-12 dated May 11, 2012
or any subsequent revisions to that memorandum.
Sec. 738. None of the funds made available in this or any
other appropriations Act may be used to increase, eliminate,
or reduce funding for a program, project, or activity as
proposed in the President's budget request for a fiscal year
until such proposed change is subsequently enacted in an
appropriation Act, or unless such change is made pursuant to
the reprogramming or transfer provisions of this or any other
appropriations Act.
Sec. 739. None of the funds made available by this or any
other Act may be used to implement, administer, enforce, or
apply the rule entitled ``Competitive Area'' published by the
Office of Personnel Management in the Federal Register on
April 15, 2008 (73 Fed. Reg. 20180 et seq.).
Sec. 740. None of the funds appropriated or otherwise made
available by this or any other Act may be used to begin or
announce a study or public-private competition regarding the
conversion to contractor performance of any function
performed by Federal employees pursuant to Office of
Management and Budget Circular A-76 or any other
administrative regulation, directive, or policy.
Sec. 741. (a) None of the funds appropriated or otherwise
made available by this or any other Act may be available for
a contract, grant, or cooperative agreement with an entity
that requires employees or contractors of such entity seeking
to report fraud, waste, or abuse to sign internal
confidentiality agreements or statements prohibiting or
otherwise restricting such employees or contractors from
lawfully reporting such waste, fraud, or abuse to a
designated investigative or law enforcement representative of
a Federal department or agency authorized to receive such
information.
(b) The limitation in subsection (a) shall not contravene
requirements applicable to Standard Form 312, Form 4414, or
any other form issued by a Federal department or agency
governing the nondisclosure of classified information.
Sec. 742. (a) No funds appropriated in this or any other
Act may be used to implement or enforce the agreements in
Standard Forms 312 and 4414 of the Government or any other
nondisclosure policy, form, or agreement if such policy,
form, or agreement does not contain the following provisions:
``These provisions are consistent with and do not supersede,
conflict with, or otherwise alter the employee obligations,
rights, or liabilities created by existing statute or
Executive order relating to (1) classified information, (2)
communications to Congress, (3) the reporting to an Inspector
General of a violation of any law, rule, or regulation, or
mismanagement, a gross waste of funds, an abuse of authority,
or a substantial and specific danger to public health or
safety, or (4) any other whistleblower protection. The
definitions, requirements, obligations, rights, sanctions,
and liabilities created by
[[Page H5128]]
controlling Executive orders and statutory provisions are
incorporated into this agreement and are controlling.'':
Provided, That notwithstanding the preceding provision of
this section, a nondisclosure policy form or agreement that
is to be executed by a person connected with the conduct of
an intelligence or intelligence-related activity, other than
an employee or officer of the United States Government, may
contain provisions appropriate to the particular activity for
which such document is to be used. Such form or agreement
shall, at a minimum, require that the person will not
disclose any classified information received in the course of
such activity unless specifically authorized to do so by the
United States Government. Such nondisclosure forms shall also
make it clear that they do not bar disclosures to Congress,
or to an authorized official of an executive agency or the
Department of Justice, that are essential to reporting a
substantial violation of law.
(b) A nondisclosure agreement may continue to be
implemented and enforced notwithstanding subsection (a) if it
complies with the requirements for such agreement that were
in effect when the agreement was entered into.
(c) No funds appropriated in this or any other Act may be
used to implement or enforce any agreement entered into
during fiscal year 2014 which does not contain substantially
similar language to that required in subsection (a).
Sec. 743. None of the funds made available by this or any
other Act may be used to enter into a contract, memorandum of
understanding, or cooperative agreement with, make a grant
to, or provide a loan or loan guarantee to, any corporation
that has any unpaid Federal tax liability that has been
assessed, for which all judicial and administrative remedies
have been exhausted or have lapsed, and that is not being
paid in a timely manner pursuant to an agreement with the
authority responsible for collecting the tax liability, where
the awarding agency is aware of the unpaid tax liability,
unless a Federal agency has considered suspension or
debarment of the corporation and has made a determination
that this further action is not necessary to protect the
interests of the Government.
Sec. 744. None of the funds made available by this or any
other Act may be used to enter into a contract, memorandum of
understanding, or cooperative agreement with, make a grant
to, or provide a loan or loan guarantee to, any corporation
that was convicted of a felony criminal violation under any
Federal law within the preceding 24 months, where the
awarding agency is aware of the conviction, unless a Federal
agency has considered suspension or debarment of the
corporation and has made a determination that this further
action is not necessary to protect the interests of the
Government.
Sec. 745. (a) During fiscal year 2020, on the date on which
a request is made for a transfer of funds in accordance with
section 1017 of Public Law 111-203, the Bureau of Consumer
Financial Protection shall notify the Committees on
Appropriations of the House of Representatives and the
Senate, the Committee on Financial Services of the House of
Representatives, and the Committee on Banking, Housing, and
Urban Affairs of the Senate of such request.
(b) Any notification required by this section shall be made
available on the Bureau's public Web site.
Sec. 746. If, for fiscal year 2020, new budget authority
provided in appropriations Acts exceeds the discretionary
spending limit for any category set forth in section 251(c)
of the Balanced Budget and Emergency Deficit Control Act of
1985 due to estimating differences with the Congressional
Budget Office, an adjustment to the discretionary spending
limit in such category for fiscal year 2020 shall be made by
the Director of the Office of Management and Budget in the
amount of the excess but the total of all such adjustments
shall not exceed 0.2 percent of the sum of the adjusted
discretionary spending limits for all categories for that
fiscal year.
Sec. 747. (a) The adjustment in rates of basic pay for
employees under the statutory pay systems that takes effect
in fiscal year 2020 under section 5303 of title 5, United
States Code, shall be an increase of 2.6 percent, and the
overall average percentage of the adjustments taking effect
in such fiscal year under sections 5304 and 5304a of such
title 5 shall be an increase of 0.5 percent (with
comparability payments to be determined and allocated among
pay localities by the President). All adjustments under this
subsection shall be effective as of the first day of the
first applicable pay period beginning on or after January 1,
2020.
(b) Notwithstanding section 737, the adjustment in rates of
basic pay for the statutory pay systems that take place in
fiscal year 2020 under sections 5344 and 5348 of title 5,
United States Code, shall be no less than the percentages in
subsection (a) as employees in the same location whose rates
of basic pay are adjusted pursuant to the statutory pay
systems under section 5303, 5304, and 5304a of title 5,
United States Code. Prevailing rate employees at locations
where there are no employees whose pay is increased pursuant
to sections 5303, 5304, and 5304a of such title 5 and
prevailing rate employees described in section 5343(a)(5) of
such title 5 shall be considered to be located in the pay
locality designated as ``Rest of U.S.'' pursuant to section
5304 of such title 5 for purposes of this subsection.
(c) Funds used to carry out this section shall be paid from
appropriations, which are made to each applicable department
or agency for salaries and expenses for fiscal year 2020.
Sec. 748. (a) Notwithstanding the official rate adjusted
under section 104 of title 3, United States Code, the rate
payable to the Vice President during calendar year 2020 shall
be 3.1 percent above the rate payable to the Vice President
on December 31, 2019, by operation of section 749 of division
D of Public Law 116-6.
(b) Notwithstanding the official rate adjusted under
section 5318 of title 5, United States Code, or any other
provision of law, the payable rate for an employee serving in
an Executive Schedule position, or in a position for which
the rate of pay is fixed by statute at an Executive Schedule
rate, shall be increased by 3.1 percent (relative to the
preexisting rate payable) at the time the official rate is
adjusted in January 2020. Such an employee may receive no
other pay increase during calendar year 2020, except as
provided in subsection (i).
(c) Notwithstanding section 401 of the Foreign Service Act
of 1980 (Public Law 96-465) or any other provision of law, a
chief of mission or ambassador at large is subject to
subsection (b) in the same manner as other employees who are
paid at an Executive Schedule rate.
(d)(1) This subsection applies to--
(A) a noncareer appointee in the Senior Executive Service
paid a rate of basic pay at or above the official rate for
level IV of the Executive Schedule; or
(B) a limited term appointee or limited emergency appointee
in the Senior Executive Service serving under a political
appointment and paid a rate of basic pay at or above the
official rate for level IV of the Executive Schedule.
(2) Notwithstanding sections 5382 and 5383 of title 5,
United States Code, an employee described in paragraph (1)
who is serving at the time official rates of the Executive
Schedule are adjusted may receive a single increase in the
employee's pay rate of no more than 3.1 percent during
calendar year 2020, subject to the normally applicable pay
rules and pay limitations in effect on December 31, 2019, by
operation of section 749 of division D of Public Law 116-6
after those pay limitations are increased by 3.1 percent
(after applicable rounding). Such an employee may receive no
other pay increase during calendar year 2020, except as
provided in subsection (i).
(e) Notwithstanding any other provision of law, any
employee paid a rate of basic pay (including any locality
based payments under section 5304 of title 5, United States
Code, or similar authority) at or above the official rate for
level IV of the Executive Schedule who serves under a
political appointment, and who is serving at the time
official rates of the Executive Schedule are adjusted, may
receive a single increase in the employee's pay rate of no
more than 3.1 percent during calendar year 2020, subject to
the normally applicable pay rules and pay limitations in
effect on December 31, 2019, by operation of section 749 of
division D of Public Law 116-6 after those pay limitations
are increased by 3.1 percent (after applicable rounding).
Such an employee may receive no other pay increase during
calendar year 2020, except as provided in subsection (i).
This subsection does not apply to employees in the General
Schedule pay system or the Foreign Service pay system, to
employees appointed under section 3161 of title 5, United
States Code, or to employees in another pay system whose
position would be classified at GS-15 or below if chapter 51
of title 5, United States Code, applied to them.
(f) Nothing in subsections (b) through (e) shall prevent
employees who do not serve under a political appointment from
receiving pay increases as otherwise provided under
applicable law.
(g) This section does not apply to an individual who makes
an election to retain Senior Executive Service basic pay
under section 3392(c) of title 5, United States Code, for
such time as that election is in effect.
(h) This section does not apply to an individual who makes
an election to retain Senior Foreign Service pay entitlements
under section 302(b) of the Foreign Service Act of 1980
(Public Law 96-465) for such time as that election is in
effect.
(i) Notwithstanding subsections (b) through (e), an
employee in a covered position may receive a pay rate
increase upon an authorized movement to a different covered
position only if that new position has higher-level duties
and a pre-established level or range of pay higher than the
level or range for the position held immediately before the
movement. Any such increase must be based on the rates of pay
and applicable pay limitations in effect on December 31,
2019, by operation of section 749 of division D of Public Law
116-6 after those rates and pay limitations are increased by
3.1 percent (after applicable rounding).
(j) Notwithstanding any other provision of law, for an
individual who is newly appointed to a covered position
during the period of time subject to this section, the
initial pay rate shall be based on the rates of pay and
applicable pay limitations in effect on December 31, 2019, by
operation of section 749 of division D of Public Law 116-6
after those rates and pay limitations are increased by 3.1
percent (after applicable rounding).
(k) If an employee affected by this section is subject to a
biweekly pay period that begins in calendar year 2020 but
ends in calendar year 2021, the bar on the employee's
[[Page H5129]]
receipt of pay rate increases shall apply through the end of
that pay period.
(l) For the purpose of this section, the term ``covered
position'' means a position occupied by an employee whose pay
is restricted under this section.
(m) This section takes effect on the first day of the first
applicable pay period beginning on or after January 1, 2020.
Sec. 749. (a) None of the funds made available by this or
any other Act may be used to administer, implement, or
enforce any collective bargaining agreement, or any article
or any term of any collective bargaining agreement under
chapter 71 of title 5, United States Code, with an effective
date after April 30, 2019, that--
(1) was not mutually and voluntarily agreed to by all
parties to the agreement; or
(2) was not ordered following the completion of binding
arbitration pursuant to section 7119(b)(2) of title 5, United
States Code.
(b) Any collective bargaining agreement that was in effect
before April 30, 2019, or that expired before April 30, 2019,
without a new agreement having been executed, shall remain in
full force and effect until a new collective bargaining
agreement reached through mutual and voluntary agreement, or
ordered following the completion of binding arbitration
pursuant to such section 7119(b)(2), becomes effective.
Sec. 750. (a) During fiscal year 2020, with respect to
budget authority proposed to be rescinded or that is set to
be reserved or proposed to be deferred in a special message
transmitted under section 1012 or 1013 of the Congressional
Budget and Impoundment Control Act of 1974, such budget
authority shall be made available for obligation in
sufficient time to be prudently obligated as required under
section 1012(b) or 1013 of such Act, and may not be deferred
or otherwise withheld from obligation during the 60-day
period before the expiration of the period of availability of
such budget authority, including, if applicable, the 60-day
period before the expiration of an initial period of
availability for which such budget authority was provided.
(b) As used in this section, the term ``budget authority'',
includes budget authority made available by this or any other
Act, by prior appropriations Acts, or by any law other than
an appropriations Act.
(c)(1) The Comptroller General shall review and make a
report on compliance with this section and provide any
relevant information related to such report to the Committees
on Appropriations and on the Budget of both Houses of
Congress at the same time as any review required by sections
1014 or 1015 of the Congressional Budget and Impoundment
Control Act of 1974 is transmitted to the Congress.
(2) The President shall provide information and
documentation to the Comptroller General, as is determined by
the Comptroller General to be necessary to determine such
compliance.
(d)(1) If any officer or employee of an Executive agency or
of the District of Columbia government violates this section,
the head of the agency or the Mayor of the District of
Columbia, as the case may be, shall report such violation
immediately as required under section 1351 of title 31,
United States Code, as if violation of this section was a
violation of section 1341(a) or 1342 of such title.
(2) Any officer or employee of the United States Government
or of the District of Columbia government violating this
section shall be subject to appropriate administrative
discipline under section 1349(a) of such title as if
violation of this section was a violation of section 1341(a)
or 1342 of such title.
Sec. 751. Except as expressly provided otherwise, any
reference to ``this Act'' contained in any title other than
title IV or VIII shall not apply to such title IV or VIII.
TITLE VIII
GENERAL PROVISIONS--DISTRICT OF COLUMBIA
Sec. 801. None of the Federal funds provided under this
Act to the agencies funded by this Act, both Federal and
District government agencies, that remain available for
obligation or expenditure in fiscal year 2020, or provided
from any accounts in the Treasury of the United States
derived by the collection of fees available to the agencies
funded by this Act, shall be available for obligation or
expenditures for an agency through a reprogramming of funds
which--
(1) creates new programs;
(2) eliminates a program, project, or responsibility
center;
(3) establishes or changes allocations specifically denied,
limited or increased under this Act;
(4) increases funds or personnel by any means for any
program, project, or responsibility center for which funds
have been denied or restricted;
(5) re-establishes any program or project previously
deferred through reprogramming;
(6) augments any existing program, project, or
responsibility center through a reprogramming of funds in
excess of $3,000,000 or 10 percent, whichever is less; or
(7) increases by 20 percent or more personnel assigned to a
specific program, project or responsibility center,
unless prior approval is received from the Committees on
Appropriations of the House of Representatives and the
Senate.
Sec. 802. None of the Federal funds available for
obligation or expenditure by the District of Columbia
government under any authority shall be expended for any
abortion except where the life of the mother would be
endangered if the fetus were carried to term or where the
pregnancy is the result of an act of rape or incest.
Sec. 803. None of the Federal funds appropriated in this
Act shall remain available for obligation beyond the current
fiscal year, nor may any be transferred to other
appropriations, unless expressly so provided herein.
Sec. 804. Except as otherwise specifically provided by law
or under this Act, not to exceed 50 percent of unobligated
balances remaining available at the end of fiscal year 2020
from appropriations of Federal funds made available for
salaries and expenses for fiscal year 2020 in this Act, shall
remain available through September 30, 2021, for each such
account for the purposes authorized: Provided, That a
request shall be submitted to the Committees on
Appropriations of the House of Representatives and the Senate
for approval prior to the expenditure of such funds:
Provided further, That these requests shall be made in
compliance with reprogramming guidelines outlined in section
801 of this Act.
Sec. 805. (a)(1) During fiscal year 2021, during a period
in which neither a District of Columbia continuing resolution
or a regular District of Columbia appropriation bill is in
effect, local funds are appropriated in the amount provided
for any project or activity for which local funds are
provided in the Act referred to in paragraph (2) (subject to
any modifications enacted by the District of Columbia as of
the beginning of the period during which this subsection is
in effect) at the rate set forth by such Act.
(2) The Act referred to in this paragraph is the Act of the
Council of the District of Columbia pursuant to which a
proposed budget is approved for fiscal year 2021 which
(subject to the requirements of the District of Columbia Home
Rule Act) will constitute the local portion of the annual
budget for the District of Columbia government for fiscal
year 2021 for purposes of section 446 of the District of
Columbia Home Rule Act (sec. 1-204.46, D.C. Official Code).
(b) Appropriations made by subsection (a) shall cease to be
available--
(1) during any period in which a District of Columbia
continuing resolution for fiscal year 2021 is in effect; or
(2) upon the enactment into law of the regular District of
Columbia appropriation bill for fiscal year 2021.
(c) An appropriation made by subsection (a) is provided
under the authority and conditions as provided under this Act
and shall be available to the extent and in the manner that
would be provided by this Act.
(d) An appropriation made by subsection (a) shall cover all
obligations or expenditures incurred for such project or
activity during the portion of fiscal year 2021 for which
this section applies to such project or activity.
(e) This section shall not apply to a project or activity
during any period of fiscal year 2021 if any other provision
of law (other than an authorization of appropriations)--
(1) makes an appropriation, makes funds available, or
grants authority for such project or activity to continue for
such period; or
(2) specifically provides that no appropriation shall be
made, no funds shall be made available, or no authority shall
be granted for such project or activity to continue for such
period.
(f) Nothing in this section shall be construed to affect
obligations of the government of the District of Columbia
mandated by other law.
Sec. 806. Section 3(c)(2)(G) of the District of Columbia
College Access Act of 1999 (sec. 38-2702(c)(2)(G), D.C.
Official Code), as amended by section 817 of the Financial
Services and General Government Appropriations Act, 2019
(division D of Public Law 116-6), is amended--
(1) by striking ``$750,000.'' and inserting the following:
``; (iii) for individuals who begin an undergraduate course
of study in or after school year 2019-2020 but before school
year 2020-2021, is from a family with a taxable annual income
of less than $500,000; and (iv) for individuals who begin an
undergraduate course of study in or after school year 2020-
2021, is from a family with a taxable income of less than
$750,000.'';
(2) by striking ``Beginning with school year 2017-2018, the
Mayor shall adjust the amounts in clauses (i) and (ii)'' and
inserting ``The Mayor shall adjust the amounts in this
subparagraph''; and
(3) by striking ``the Department of Labor'' the first place
it appears and all that follows and inserting the following:
``the Department of Labor, beginning with school year 2017-
2018 in the case of the amounts in clauses (i) and (ii),
beginning with school year 2020-2021 in the case of the
amount in clause (iii), and beginning with school year 2021-
2022 in the case of the amount in clause (iv).''.
Sec. 807. Nothing in this Act may be construed to prevent
the Council or Mayor of the District of Columbia from
addressing the issue of the provision of contraceptive
coverage by health insurance plans, but it is the intent of
Congress that any legislation enacted on such issue should
include a ``conscience clause'' which provides exceptions for
religious beliefs and moral convictions.
Sec. 808. Except as expressly provided otherwise, any
reference to ``this Act'' contained in this title or in title
IV shall be treated as referring only to the provisions of
this title or of title IV.
[[Page H5130]]
This Act may be cited as the ``Financial Services and
General Government Appropriations Act, 2020''.
The CHAIR. No amendment to the bill shall be in order except those
printed in part B of House Report 116-126, amendments en bloc described
in section 5 of House Resolution 460, and pro forma amendments
described in section 6 of that resolution.
Each amendment printed in part B of the report shall be considered
only in the order printed in the report, may be offered only by a
Member designated in the report, shall be considered as read, shall be
debatable for the time specified in the report equally divided and
controlled by the proponent and an opponent, may be withdrawn by the
proponent at any time before action thereon, shall not be subject to
amendment except as provided by section 6 of House Resolution 460, and
shall not be subject to a demand for division of the question.
It shall be in order at any time for the chair of the Committee on
Appropriations or her designee to offer amendments en bloc consisting
of amendments printed in part B of the report not earlier disposed of.
Amendments en bloc shall be considered as read, shall be debatable for
20 minutes equally divided and controlled by the chair and ranking
minority member of the Committee on Appropriations or their designees,
shall not be subject to amendment, except as provided by section 6 of
House Resolution 460, and shall not be subject to a demand for division
of the question.
During consideration of the bill for amendment, the chair and ranking
minority member of the Committee on Appropriations or their respective
designees may offer up to five pro forma amendments each at any point
for the purpose of debate.
Amendment No. 1 Offered by Mr. Pocan
The CHAIR. It is now in order to consider amendment No. 1 printed in
part B of House Report 116-126.
Mr. POCAN. Mr. Chair, I have an amendment at the desk.
The CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
At the end of the bill (before the short title), insert the
following:
TITLE IX--ADDITIONAL PROVISION
Sec. ___. None of the funds made available by this Act may
be used to finalize, implement, administer, or enforce the
proposed rule entitled ``Universal Service Contribution
Methodology'' published by the Federal Communications
Commission in the Federal Register on June 13, 2019 (27570
Fed. Reg. 84).
The CHAIR. Pursuant to House Resolution 460, the gentleman from
Wisconsin (Mr. Pocan) and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Wisconsin.
Mr. POCAN. Mr. Chair, I rise to offer an amendment that would stop
the Federal Communications Commission from implementing a proposed
agency rule that would kneecap our Nation's efforts to achieve
universal phone and broadband service.
I would like to thank Representatives Clyburn, Butterfield, and
Bustos for their work on this important amendment.
According to the FCC data, 21.3 million people lack broadband access.
Other estimates are much higher and show as many as 162.8 million
people may not have broadband speed internet. That is why Congress
required the FCC to work towards universal phone and broadband service.
To that end, the FCC established the Universal Service Fund and its
four component programs: the Connect America Fund; the low-income
support program, also known as Lifeline; the Rural Healthcare Support
program; and the Schools and Libraries program.
The proposed FCC rule, which this amendment seeks to block, would
mean cutting available funding for broadband build-out, broadband in
schools and hospitals, and other critical programs. We cannot allow
that to happen.
The rule also proposes to combine the caps of the Schools and
Libraries program and the Rural Healthcare Support program. Combining
these programs would cap, effectively, schools and rural hospitals,
pitting them against each other for Universal Service Fund money, while
doing nothing to advance the goal of universal service.
We cannot allow the FCC to move forward with this rulemaking. We must
ensure that low-income and rural Americans have access to broadband at
home, that rural hospitals have reliable broadband, and that students
can use broadband at school.
Mr. Chair, I urge my colleagues to vote for this amendment, and I
reserve the balance of my time.
Mr. GRAVES of Georgia. Mr. Chairman, I claim time in opposition to
the amendment here.
The CHAIR. The gentleman is recognized for 5 minutes.
Mr. GRAVES of Georgia. Mr. Chairman, I appreciate Mr. Pocan and his
concerns for rural America.
I represent a very rural district as well, and broadband and others
are very challenging, even in our region. But one has to ask: If we
have had this Universal Service Fund for so many years with such an
exorbitant amount of money being collected from our constituents, then
why do we still have this problem?
And that is why I would suggest we oppose this amendment and allow
the FCC to study what is going on here and are these funds being used
appropriately or not. In fact, it is my understanding that the FCC has
identified that there are no budgeting constraints; there is no top-
line budget whatsoever. And when they are doing considerations and
studies or analyzing the use of funds, there are really no
measurements, no benchmarks.
I think this is a really good opportunity for us to allow them to at
least move forward into this process, and just thinking of the Chairman
of the Commission, Ajit Pai is from Kansas himself, and I think he
understands the needs and the concerns of rural America as well.
But, ultimately, it is not fair to the American consumers, our
constituents, who are the ratepayers, who are paying into this fund on
every bill that they receive and yet are not being delivered the
service that I think we all expect in this day and age of new
technology.
Mr. Chair, with that, I am in opposition to the amendment and ask
that we vote this amendment down and allow the Commission to move
forward to study this and to provide more and better access to rural
broadband across America.
Mr. Chair, I yield back the balance of my time.
Mr. POCAN. Mr. Chair, I appreciate the gentleman's comments, and I
actually live in a rural town of about 830 people, and last year we got
internet. I was paying, up to that point--I got a half-price sale--$300
a month for 80 measured gigs of internet. And often in winter, I would
call my husband at the end of a month and say: Quit watching Netflix.
We can't afford $15 a gig in order to watch them.
So my neighbors across the street couldn't do their homework because
they didn't have broadband. Health facilities in our area have
problems.
I don't know if studying this is going to solve it. I think having
funds available seems to be the issue, so I think this is important.
Mr. Chair, I yield such time as he may consume to the gentleman from
Illinois (Mr. Quigley), chairman of the Appropriations Subcommittee on
Financial Services and General Government.
Mr. QUIGLEY. Mr. Chairman, I support this amendment.
USF is an important and effective funding mechanism to ensure that
all Americans have access to the broadband services necessary to fully
participate in modern life. Not only does the USF subsidize broadband
build-out in areas that would otherwise be too expensive to serve, but
it includes Lifeline, a support program that ensures that communication
services are not just accessible, but affordable.
This FCC proposal was nothing but an unpopular and ill-advised effort
to undermine the USF, even as the country continues to face deep and
lasting disparities and access to modern communication service.
Mr. Chair, for those reasons, I support the amendment.
Mr. POCAN. Mr. Chair, I am one of the founders of the Rural Broadband
Caucus. We have three Democrats, three Republicans--a lot of members.
This is not an issue people want us to have reports or studies on.
They want broadband because, in my district, you can't track your cows
if you don't have
[[Page H5131]]
broadband these days and you certainly can't do your homework.
Healthcare and schools need this, not to have to be competing for the
funds.
Mr. Chair, I urge support of this amendment, and I yield back the
balance of my time.
The CHAIR. The question is on the amendment offered by the gentleman
from Wisconsin (Mr. Pocan).
The amendment was agreed to.
The CHAIR. The Chair understands that amendment No. 2 will not be
offered.
Amendment No. 3 Offered by Mr. King of Iowa
The CHAIR. It is now in order to consider amendment No. 3 printed in
part B of House Report 116-126.
Mr. KING of Iowa. Mr. Chairman, I offer amendment No. 3, according to
the rule.
The CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Strike section 126.
The CHAIR. Pursuant to House Resolution 460, the gentleman from Iowa
(Mr. King) and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Iowa.
Mr. KING of Iowa. Mr. Chairman, I rise to offer my King amendment No.
3, and what it does is it strikes section 126 in the underlying bill.
Section 126 is notwithstanding language that prohibits the executive
branch from using any of the funds in the Department of the Treasury's
forfeiture fund, the Civil Assets Forfeiture Fund, to be used for
anything, to build a wall or a road that might support a wall on our
southern border.
The language is very expansive in the bill. It says none of the funds
``may be obligated, expended, or used to plan, design, construct, or
carry out a project to construct a wall, barrier, fence, or road along
the southern border of the United States, or a road to provide access
to a wall, barrier, or fence constructed along the southern border of
the United States.''
Mr. Chairman, my amendment strikes that language, and it does so with
the idea in mind that we have a President who was elected with a
mandate to secure our border. This has been an ongoing battle for the
last 2\1/2\ years, and still the resources are short.
I think we should have done a better job in the previous Congress to
get that money into this project, but the President is going where he
can to find the resources to keep his campaign promises. So I certainly
want to support that by striking that language and allowing the
President to then have access to what amounts to $601 million that
would be generated, be freed up by my amendment.
And it recognizes this, that the U.S. Treasury has about $13.6
billion that is allocated to it under this underlying bill; and this
small piece of money here is not a lot of money, but it does send a
message that it is going to get harder and harder for the President to
build a wall if we don't strike this language. And I want to support
the President's mission to do that.
It is ironic, I think, that we are spending today--and I am the only
one in Congress that I know of who tracks this spending, but we are
spending at least $6.7 million a mile for every mile of the 2,000 miles
of our southern border to secure that border.
Just doing the math in my head, quickly, that turns out to be about
$13.4 billion. Almost the exact same amount that is freed up to the
Treasury, we are spending to secure the border for something probably
less than 50 percent efficiency. When you build a wall, it is 99-point-
something percent efficiency.
We need to let the President be the President. He has declared a
national emergency, and we need to strike this language from the bill
so the President has the latitude to do that which the people have
elected him to do.
Mr. Chair, I reserve the balance of my time.
Mr. QUIGLEY. Mr. Chairman, I claim the time in opposition to the
amendment offered by Mr. King.
The CHAIR. The gentleman from Illinois is recognized for 5 minutes.
Mr. QUIGLEY. Mr. Chair, this provision ensures that money from the
Treasury Forfeiture Fund can continue to flow to other departments and
agencies that rely upon this funding to augment critical operations and
support emerging operational needs, such as computer, forensic
equipment, title III wiretap intercepts, and anti-money laundering
investigation.
It also ensures that the bipartisan, bicameral funding levels enacted
by Congress and signed into law by the President are not clouded by
executive action.
Article I, Section 9 of the U.S. Constitution states: ``No money
shall be drawn from the Treasury, but in consequence of appropriations
made by law.'' Any construction of border infrastructure should be
based on bipartisan agreement between both Chambers of Congress that is
enacted in law, not by an impulsive directive from 1600 Pennsylvania
Avenue that disregards the will of Congress and undermines the ability
of the Department of the Treasury and the Department of Homeland
Security to address known threats against our financial system and the
Nation.
Mr. Chair, for these reasons, I oppose this amendment and urge my
colleagues to do the same.
I reserve the balance of my time.
Mr. KING of Iowa. Mr. Chairman, I yield such time as he may consume
to the gentleman from Georgia (Mr. Graves).
Mr. GRAVES of Georgia. Mr. Chairman, I rise in support of the
gentleman's amendment. I am glad he has brought this forward to
highlight a few things.
Mrs. Torres said earlier these funds could be used to assist local
law enforcement. In fact, they can't. These are excess funds. And the
statute clearly says ``to be transferred to Federal agencies for law
enforcement purposes.'' That is what the administration was using them
for.
A little bit of a history lesson. The last 6 months, we went through
a government shutdown because of this issue.
We had a Homeland Security Conference Committee report that was
supposed to resolve this issue, so deficient that the President
declared it a national emergency, relating to this.
Now we are having to have a supplemental budget discussion to deal
with this very same issue while restricting the administration's access
to these funds to address this very issue.
Mr. Chair, because of those reasons, I support the gentleman's
amendment and ask for adoption.
{time} 1600
Mr. QUIGLEY. Mr. Chair, I yield back the balance of my time.
Mr. KING of Iowa. Mr. Chair, just some concluding thoughts on this.
This underlying bill is an increase of $793.9 million more than last
year, and it is $484.4 million more than requested by the
administration. There are plenty of resources in this underlying bill
to take care of the obligations that this Congress has to the people of
this country, but they also have an obligation to secure our border and
restore the respect for the rule of law.
The chaos that we have on the border is not just something that is
reflecting back on us in the United States. I am hearing many laments
about the individual tragedies, though we are counting them on one
hand, for the most part. I asked the Secretary of Homeland Security
under oath just late last year, Kirstjen Nielsen at the time, whom I
respect and appreciate, how many died on the way to our southern
border.
She said: I don't have the data for that. I will get it to you.
I said: It will be too long for that. I want your best estimate. How
many died on the way from Central America to the southern border?
Her answer finally came: Congressman, it would be thousands and
thousands.
That is the history of what we are trying to shut off here. They will
keep coming until we end up deciding that we are not going to accept
them anymore. We must secure our border if we are going to be a
sovereign nation. This is a piece of it.
I support the President. I urge adoption of this amendment, and I
yield back the balance of my time
The CHAIR. The question is on the amendment offered by the gentleman
from Iowa (Mr. King).
The question was taken; and the Chair announced that the noes
appeared to have it.
[[Page H5132]]
Mr. KING of Iowa. Mr. Chair, I demand a recorded vote.
The CHAIR. Pursuant to clause 6 of rule XVIII, further proceedings on
the amendment offered by the gentleman from Iowa will be postponed.
Amendment No. 4 Offered by Ms. Norton
The CHAIR. It is now in order to consider amendment No. 4 printed in
part B of House Report 116-126.
Ms. NORTON. Mr. Chair, I have an amendment at the desk.
The CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
At the end of the bill (before the short title), insert the
following:
TITLE IX--ADDITIONAL PROVISION
Sec. 901. None of the funds made available by this Act may
be used to relocate the National Institute of Food and
Agriculture or the Economic Research Service outside of the
National Capital Region.
The CHAIR. Pursuant to House Resolution 460, the gentlewoman from the
District of Columbia (Ms. Norton) and a Member opposed each will
control 5 minutes.
Ms. NORTON. This amendment prohibits the General Services
Administration, the Federal Government's real estate arm, from using
its funds to relocate the Department of Agriculture's National
Institute of Food and Agriculture and the Economic Research Service
outside of the national capital region. Earlier today, the House
prohibited USDA from using its funds to relocate these agencies outside
of the national capital region.
On June 13, 2019, USDA announced it will relocate 547 out of its 644
employees of these agencies from the national capital region to the
Kansas City region.
Many Members of Congress who are opposing this relocation are doing
so not only to protect the employees of these agencies from the
agonizing decision of moving halfway across the country or losing their
jobs, but we are also fighting to protect scientific research and
integrity, uphold Federal law, and ensure compliance with our real
estate procurement process.
The USDA lacks the legal or budget authority to carry out this
relocation. The USDA and GSA have violated the real estate procurement
process. Further, this move is not in the best interests of the
taxpayers.
Don't just take my word for it. The USDA Office of Inspector General
initiated a review of the relocation for the same reasons in November
2018, and that review is ongoing.
This relocation is about ideology and politics, nothing more. The
decision to relocate was made before any cost-benefit analysis was done
of the consequences.
The relocation is about the Trump administration's long-documented
antipathy to nonpartisan, career Federal employees and the objective
research they produce and fund.
The employees of the National Institute of Food and Agriculture and
the Economic Research Service are being punished for doing their jobs,
the jobs Congress mandated. But the country, especially the
agricultural community, is also being punished.
As the Union of Concerned Scientists noted when the location was
selected: ``The damage was already done before Secretary Perdue made
his decision. It was clear from the start that the Trump administration
was systematically hollowing out USDA's ability to produce objective
science. The White House proposed budget cuts to eliminate research
that's inconvenient to its interests, and at the same time, they've
created this unnecessary relocation crisis, which is driving off
scientists who conduct that very research,'' which is necessary.
``This is a blatant attack on science and will especially hurt
farmers, ranchers, and eaters at a particularly vulnerable time.''
Mr. Chair, we will fight this relocation using every tool at our
disposal. I reserve the balance of my time.
Mr. GRAVES of Georgia. Mr. Chair, I rise in opposition to the
gentlewoman's amendment.
The CHAIR. The gentleman is recognized for 5 minutes.
Mr. GRAVES of Georgia. Mr. Chair, in the words of a great orator here
on the floor of the House, Mr. Quigley, ``Just because we can
micromanage them doesn't mean we should.''
This is a great example of it here. He was absolutely right, as it
pertains to this.
Last August, the USDA sought interest from U.S. towns, cities, and
regions from all over the country to host two highly respected USDA
research agencies. In October, they received interest from 136 unique
locations in 35 States to host these two Federal agencies.
After a thorough analysis seeing the diverse, qualified applicants
and quality of life, USDA chose three locations and then selected the
St. Louis area.
Now, this wasn't just on a whim. In fact, it was Ernst & Young that
did an analysis that said this would be a savings of $300 million to
the taxpayers and the employees of the Federal Government.
The Secretary of Agriculture has the authority to make this move, and
he did so on behalf of the public's interest, the American people.
There was a time when physically housing Federal agencies here in
Washington, D.C., was necessary. However, I think we all know, in the
use of new technology, the advancements that we have today, it has
opened up the possibilities for these two and many other Federal
agencies to operate efficiently in almost anyplace in our country,
except for maybe Mr. Pocan's district because of the lack of rural
broadband.
Why should we oppose this move of two agriculture research agencies
to the heartland? Think about it, to the heartland where agencies can
recruit from a greater pool, a greater source of agricultural
economists, and operate closer to the farmers, the ranchers, the
producers, and the rural economies.
Why would we want to stop the agency from doing that? Saving taxpayer
dollars and the dollars of our Federal employees makes perfect sense to
me, and it is because of those reasons that I will urge a ``no'' vote
on this amendment, and I reserve the balance of my time.
Ms. NORTON. Mr. Chair, why should I think this wouldn't happen this
year? Every single year, there is a move to move agencies out of the
Nation's Capital. Why in the world do you think that the Framers
created a Nation's Capital in the first place?
My good friend offers the notion that he wants to be closer to the
people where agriculture takes place. Well, why don't we move the
Agriculture Subcommittee? Why don't we move virtually everything that
happens here that we deal with nationwide? Because there is a Nation's
Capital.
This is a political move. The other side has shown in the past--and
not once, I must say--that science is not important, and that is
putting it mildly.
They object to the objective science that this agency puts out.
Perhaps some of us do as well, but the Federal Government needs an
objective, scientific provision, and that is what this is about.
Mr. Chair, I yield back the balance of my time.
Mr. GRAVES of Georgia. Mr. Chair, I will close with this: This is not
a political decision. This is a good-government decision. If this were
a political decision, the Secretary of Agriculture, Sonny Perdue, from
the State of Georgia, who was in the agriculture profession himself in
the past, would have moved it to the State of Georgia, I would assume,
if it was a political decision.
If everything had to reside in D.C., I guess we wouldn't need
research facilities of other agencies elsewhere. We wouldn't need the
FBI located in other spots. We wouldn't have the majority leader
proposing to move the FBI out of Washington, D.C., might I add, to
Maryland, of all places. Maybe that is a little more political, but
maybe not.
This is not a political decision. This is about making a good-
government decision, closer to the farmers, to the researchers, to the
universities, and to the ranchers. It might save $300 million of
taxpayer dollars.
Mr. Chair, because of those reasons, I oppose this amendment, and I
yield back the balance of my time.
Mr. BISHOP of Georgia. Mr. Chair, I can tell my colleagues with great
confidence that USDA's proposal to move the Economic Research Service
(ERS) and the National Institute of Food and Agriculture (NIFA) outside
the National Capital Region is a bad idea.
We held a hearing on the issue last March, at which four former
senior USDA officials with 70 years of combined experience at the two
agencies, from both parties, expressed their deep opposition to this
proposal.
[[Page H5133]]
Numerous stakeholders have expressed strong opposition, including the
National Farmers Union, the Association of American Veterinary Colleges
and nearly 1700 other organizations, university officials, and
individuals from 47 states.
We have not received a single letter in support of this proposal.
USDA violated the Appropriations Committee's statutorily-required 30-
day waiting period for such proposals when it took action to implement
the proposal six days after notifying the Committee.
It failed utterly to comply with the requirements of the conferees in
the 2019 omnibus appropriations report to submit all cost benefits for
the move and a detailed analysis of any research benefits of a
relocation when it submitted the 2020 budget.
USDA has also refused numerous requests from members of the House and
Senate that it provide the original cost-benefit analysis developed
before the proposal was announced.
It finally gave us a so-called ``cost-benefit analysis'' after the
final site was selected.
But an independent analysis of this supposed analysis found that
``USDA leadership failed to follow federal guidelines for the benefit
cost analysis'' and that ``the move to Kansas City will cost taxpayers
between $83 and $182 million dollars, rather than saving them $300
million dollars.''
Large numbers of ERS and NIFA employees have left as a result of this
proposal.
I fear that ultimately, these agencies will become mere shadows of
their former selves, with the loss of hundreds of years of expertise.
These agencies' mission is to achieve the best science through
research that advances U.S. agriculture and our understanding of the
agricultural economy.
I believe that the Department's proposal puts that mission at great
risk.
I urge a yes vote on the Norton amendment.
The CHAIR. The question is on the amendment offered by the
gentlewoman from the District of Columbia (Ms. Norton).
The question was taken; and the Chair announced that the ayes
appeared to have it.
Mr. GRAVES of Georgia. Mr. Chair, I demand a recorded vote.
The CHAIR. Pursuant to clause 6 of rule XVIII, further proceedings on
the amendment offered by the gentlewoman from the District of Columbia
will be postponed.
Amendment No. 5 Offered by Mr. Huizenga
The CHAIR. It is now in order to consider amendment No. 5 printed in
part B of House Report 116-126.
Mr. HUIZENGA. I rise to offer an amendment.
The CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
At the end of the bill (before the short title) insert the
following:
TITLE IX--MISCELLANEOUS
Sec. 901. None of the funds made available by this Act may
be used to implement, administer, or enforce a rule issued
pursuant to section 13(p) of the Securities Exchange Act of
1934.
The CHAIR. Pursuant to House Resolution 460, the gentleman from
Michigan (Mr. Huizenga) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Michigan.
Mr. HUIZENGA. Mr. Chair, I rise to offer an amendment that suspends
implementation of section 1502 of the Dodd-Frank Act.
Despite the best intentions, section 1502 has proved unworkable and,
in some cases, has even been shown to increase violence in Central
Africa.
This misguided provision in the Dodd-Frank Act requires that the
Securities and Exchange Commission mandate that public companies
disclose whether so-called conflict minerals that they use for their
products benefit armed groups in the Democratic Republic of the Congo
and its nine adjoining countries.
This amendment I am proposing passed the House last year as an
amendment to the Financial Services and General Government
appropriations bill, and a full repeal of section 1502 passed the House
as part of the Financial CHOICE Act.
``Conflict minerals'' refers to tin, tungsten, tantalum, and gold,
which have been used in a variety of products from cell phones,
cosmetics, jewelry, footwear, and apparel. Even auto suppliers located
in western Michigan and around the country have used it.
The breadth of voices opposing 1502 is remarkable, and I would like
to start with those who matter most.
For too long, the people of Central Africa have been overlooked in
this debate, even though they are the ones who suffer from Dodd-Frank's
unintended consequences. Dodd-Frank's impact on African miners may seem
unimportant to many rich country activists, but in Congo, it has been a
question of life or death.
In fact, according to a Washington Post article entitled ``How a
Well-Intentioned U.S. Law Left Congolese Miners Jobless,'' section 1502
``set off a chain of events that has propelled millions of miners and
their families deeper into poverty,'' with many miners ``forced to find
other ways to survive, including by joining armed groups.''
{time} 1615
This article goes on to share the story of how a Congolese teenager
who could no longer feed himself after Dodd-Frank ravaged the country's
mining sector, forcing him to actually join an armed group--an outcome
diametrically opposed to the goals of section 1502.
Mr. Chair, no one can claim that these effects were unforeseeable. In
a letter to the SEC commenting on section 1502, leaders from three
Congolese mining cooperatives predicted that the conflict minerals rule
would lead to a devastating boycott.
These miners wrote: ``We cannot continue to suffer any longer. Do we
now have to choose between dying by a bullet or starving to death?''
I ask my colleagues to remember the Congolese aren't alone in their
suffering. The SEC rule applies to nine other African nations as if
they were all one single country. In fact, section 1502 treats over 230
million Africans living in 10 distinct nations as one, undifferentiated
group.
Dodd-Frank's supporters will say at this point that some countries
neighboring Congo may help smuggle minerals on behalf of these armed
groups, which is why we need to paint with such a broad brush. But I
would ask my colleagues to name one other example where a country's
economy and each of its neighbors is targeted due to a presumed
smuggling risk.
Do we design Russia sanctions to apply to each of its 14 adjoining
countries, too?
Do Iranian sanctions implicate all of its seven neighbors?
How about North Korea and its neighbors South Korea and China?
Perhaps advocates for section 1502 believe that there is no smuggling
from Russia, Iran, or North Korea. But the real issue seems to be this:
Dodd-Frank's supporters have no problem treating Africans differently
from other regions of the world. I find that extremely troubling.
Now let's consider implementation of 1502 itself.
A recent GAO report stated that section 1502 has produced little
meaningful information on conflict minerals sourcing. It found that
more than half of the companies could not even determine what country
their minerals came from. Most importantly, virtually none of the
companies could tell whether their minerals benefited armed groups or
not, a conclusion that echoed GAO's findings from 2014 to 2017 as well.
It is no wonder that companies can't figure this out. Even the
Department of Commerce in both the Obama and Trump administrations has
reported that it is unable to determine whether smelters around the
world use minerals traceable to armed groups. In other words, Dodd-
Frank is asking U.S. companies--some of which are small- and medium-
sized enterprises in larger corporations' supply chains--to produce
information that even the Federal Government can't provide.
As if that weren't enough, the courts have also struck down parts of
section 1502 for violating companies' First Amendment rights.
Mr. Chair, the facts I have laid out in 1502 are not partisan, and
its suspension shouldn't be either. So let me close with words of
Barack Obama's SEC Chair Mary Jo White who in 2013 said: ``Seeking to
improve safety in mines for workers or to end to horrible human rights
atrocities in the Democratic Republic of the Congo are compelling
objectives, which, as a citizen, I wholeheartedly share. But, as the
chair of the SEC, I must question, as a policy matter, using the
Federal securities laws and the SEC's powers of mandatory disclosure to
accomplish these goals.''
[[Page H5134]]
Mr. Chairman, I yield back the balance of my time.
Mr. QUIGLEY. Mr. Chairman, I rise in opposition to the amendment
offered by the gentleman from Michigan.
The CHAIR. The gentleman from Illinois is recognized for 5 minutes.
Mr. QUIGLEY. Mr. Chairman, this amendment states that no funds may be
used to force the SEC's conflict mineral rules which were required by
section 1502 of the Dodd-Frank Wall Street Reform and Consumer
Protection Act. Section 1502 was enacted to help support peace in the
Democratic Republic of the Congo and combat a deadly conflict minerals
trade that threatens the security of men, women, and children in
eastern Congo.
This rule requires that SEC-regulated firms that use tin, tantalum,
tungsten, or gold in their products to publicly report whether they
obtain their supplies of these key minerals from the Central African
Republic region. If so, these companies must report the due diligence
they exercised to ensure that these purchases did not benefit armed
groups in the Congo.
The conflict in this region has spawned numerous militias, some
politically oriented and some primarily criminal, but all of which have
been characterized by extreme human rights abuses.
Since the rule was adopted, we have seen a significant reduction in
armed group activity in many mining areas in eastern Congo and
unprecedented improvements in the transparency of corporate mineral
supply chains. This amendment would reverse that progress while
allowing some of the world's deadliest armed groups to profit from
lucrative conflict minerals.
Let us not forget that conflict minerals are commonly used in the
manufacturing of cellphones, jewelry, and airplanes. The goal of the
rule is to prevent companies from buying these minerals from armed
militant groups that kill and rape people in Congo and neighboring
countries.
Mr. Chair, I oppose this amendment, I urge my colleagues to do the
same, and I yield back the balance of my time.
The CHAIR. The question is on the amendment offered by the gentleman
from Michigan (Mr. Huizenga).
The amendment was rejected.
Amendment No. 6 Offered by Ms. Velazquez
The CHAIR. It is now in order to consider amendment No. 6 printed in
part B of House Report 116-126.
Ms. VELAZQUEZ. Mr. Chairman, I have an amendment at the desk.
The CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 100, line 17, after the first dollar amount, insert
``(reduced by $1,000,000)''.
Page 101, line 13, after the dollar amount, insert
``(increased by $1,000,000)''.
The CHAIR. Pursuant to House Resolution 460, the gentlewoman from New
York (Ms. Velazquez) and a Member opposed each will control 5 minutes.
The Chair recognizes the gentlewoman from New York.
Ms. VELAZQUEZ. Mr. Chairman, there are nearly 30 million small
businesses in the United States representing more than 99 percent of
all businesses. They spur the American economy by taking great risks to
launch new ventures, develop new products, and, ultimately spur job
growth, and the SBA is a vital part of their support system.
The SBA administers a portfolio of entrepreneurial development
programs which includes growth accelerators. They help high-growth
startups develop their products, identify promising customer segments,
and secure resources like vital capital and employees. My amendment
aims to restore funding to prior levels, so they have the resources
they need to help aspiring entrepreneurs.
Growth accelerators have long been a powerful tool for helping
innovators grow. Each year since they were formed in 2005 they have
gained in popularity. In fact, their numbers nearly doubled each year
between 2008 and 2014 with growth remaining steady since then.
They serve as an all-inclusive creative hub that provides technical
assistance for growing businesses and a central location for investors
to find vetted businesses. The success of these companies is real. The
average valuation of firms graduating from an accelerator is $90
million.
But beyond promoting business expansion, growth accelerators also
bring economic development and job opportunities to the communities in
which they are located. The SBA Office of Advocacy found that startups
working with their local accelerator hire an average of 8.5 more
employees.
Small businesses are the backbone of the American economy, and we
should provide our entrepreneurs with the resources they need to
succeed, and that is what this amendment does. I am seeking to bring
growth accelerators up to a reasonable funding level by providing a $1
million increase. Doing so brings the funding in line with previously
enacted levels and gives them the ability to continue helping our
Nation's innovative startups and spurring job creation.
Clearly, Mr. Chairman, accelerators are a vital part of our Nation's
entrepreneurial ecosystem. Therefore, I urge my colleagues to support
this amendment, and I yield back the balance of my time.
The CHAIR. The question is on the amendment offered by the
gentlewoman from New York (Ms. Velazquez).
The amendment was agreed to.
Amendment No. 7 Offered by Mr. Hill of Arkansas
The CHAIR. It is now in order to consider amendment No. 7 printed in
part B of House Report 116-126.
Mr. HILL of Arkansas. Mr. Chairman, I have an amendment at the desk.
The CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 101, line 13, after the dollar amount, insert
``(increased by $5,000,000) (reduced by $5,000,000)''.
The CHAIR. Pursuant to House Resolution 460, the gentleman from
Arkansas (Mr. Hill) and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Arkansas.
Mr. HILL of Arkansas. Mr. Chairman, this amendment is very
straightforward. It ensures that $5 million within the Small Business
Administration's entrepreneurial development program is spent in
support of the Small Business Administration's Regional Innovation
Clusters program.
Earlier this year the SBA awarded a $500,000 contract through this
Regional Innovation Clusters program to an organization in my district
called the Conductor. The Conductor is a public-private partnership
between the University of Central Arkansas in Conway, Arkansas, and
Startup Junkie in Fayetteville, Arkansas.
The Conductor is one of seven clusters nationwide to be awarded this
competitive contract, and this important funding will enable the
Conductor to bolster its ability and expand its footprint across
underserved areas particularly in rural Arkansas. With only a small
amount of money, $5 million, the SBA can continue to drive innovation
and job creation in Arkansas.
Mr. Chairman, I yield 2 minutes to the gentleman from Arkansas (Mr.
Womack).
Mr. WOMACK. Mr. Chairman, I want to thank my friend, French Hill from
Little Rock, for leading on this very important issue, and I rise in
strong support of his amendment.
I am a proud cosponsor of this important amendment that restores
funding for the Regional Innovation Cluster program within the Small
Business Administration. The Regional Innovation Cluster program
provides region- and industry-specific technical assistance to startup
businesses. This program focuses on helping startups scale up to meet
the growing needs of their customers.
While there are success stories from across the country, one is near
and dear to my heart. The Ozarks Regional Innovation Cluster is based
in Fayetteville, Arkansas, in my district. Last year alone, the Ozarks
Regional Innovation Cluster serviced 572 small business owners. It
created 517 net jobs, raised $81.5 million in capital and received
eight new patents for their work.
Nationwide, businesses participating in the Regional Innovation
Cluster program have seen tremendous growth both in jobs created and in
revenue.
As we know, startups and small businesses account for about two-
thirds of all new jobs and the growth that comes with these new jobs.
Let's support
[[Page H5135]]
them today by restoring funding for this important program.
Mr. Chair, I urge adoption of the amendment of my friend from
Arkansas.
Mr. HILL of Arkansas. Mr. Chairman, I am proud to work with my friend
from northwest Arkansas on this important amendment. I appreciate my
colleague's support.
In just the 3 years since it has launched, the Conductor has served
nearly 9,000 people through its free programming and its business
consulting. I thank UCA for its leadership on the Conductor.
Mr. Chairman, I encourage all Members to support this important
amendment, and I yield back the balance of my time.
The CHAIR. The question is on the amendment offered by the gentleman
from Arkansas (Mr. Hill).
The amendment was agreed to.
Amendment No. 8 Offered by Ms. Lee of California
The CHAIR. It is now in order to consider amendment No. 8 printed in
part B of House Report 116-126.
Ms. LEE of California. Mr. Chair, I rise as the designee of the
gentlewoman from Texas (Ms. Jackson Lee), and I have an amendment at
the desk.
The CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 15, line 24, after the dollar amount, insert
``(increased by $1,000,000)''
The CHAIR. Pursuant to House Resolution 460, the gentlewoman from
California (Ms. Lee) and a Member opposed each will control 5 minutes.
The Chair recognizes the gentlewoman from California.
Ms. LEE of California. Mr. Chair, I am grateful for the opportunity
to speak in support of the Jackson Lee amendment to Rules Committee
Print 116-20 which makes appropriations for fiscal year 2020, H.R.
3351, the Financial Services and General Government Appropriations Act,
2020.
I wish to commend Chairwoman Waters and Ranking Member McHenry for
their work in shepherding this legislation to the floor.
Mr. Chair, the Jackson Lee amendment is simple but provides an
important and necessary protection for grieving parents. The Jackson
Lee amendment ensures that the IRS Tax Advocate Service has adequate
resources to assist parents of a deceased child whose Social Security
number was stolen by tax cheats and used on a Federal tax return to
receive an Earned Income Tax Credit.
The Jackson Lee amendment is intended to be a compassionate use of
IRS funds to help grieving parents navigate the process of reclaiming
their child's identity from tax cheats. This amendment is necessary
when we consider the story of little Alexis Agin who was just 4 years
old when she died of a brain tumor in 2011.
{time} 1630
Her parents grieved. Someone stole Alexis' identity to commit tax
fraud. Alexis' parents did not discover the crime until they filed
their taxes.
The sad fact is, Alexis' parents are not alone. They were one of at
least 14 other parents whose children died of cancer and learned that
their child's Social Security number had been stolen by tax thieves.
Nearly all of us understand the importance of safeguarding our Social
Security numbers, but, after someone dies, Social Security numbers are
published on a national online registry called the Master Death List.
The Master Death List registry exists to alert businesses and financial
institutions to not renew credit cards or create new credit in the
deceased person's name, but it also alerts thieves of opportunities to
steal identities and commit tax fraud.
As reported by the San Francisco Chronicle, identity thieves have
stolen the tax refunds of more than 490,000 dead persons since 2008.
The thieves typically claim that a dead person is their dependent when
they file their tax returns.
In fiscal year 2012, the IRS initiated approximately 900 identity
theft-related criminal investigations, triple the number of
investigations initiated in 2011. Direct investigative time applied to
identity theft-related investigations increased by 129 percent over the
same period.
On July 30, 2013, in St. Louis, Missouri, Tania Henderson was
convicted of theft of government funds and aggravated identity theft,
sentenced to 144 months in prison, and ordered to pay $835,883 in
restitution to the U.S. Treasury. According to her plea agreement and
other court documents, Henderson stole the identities of more than 400
individuals, many of whom were deceased, and filed fraudulent tax
returns using their names and Social Security account numbers.
The theft of identities of deceased children for the purpose of
committing tax fraud is a sad fact that too many parents have to face
when they are attempting to cope with the tragedy of losing their
child. The Jackson Lee amendment will help ensure that the IRS Tax
Advocate Service has the resources needed to assist these grieving
parents with the filing of the last return where their child's name
will be listed as being a member of their household.
I urge all Members to support the Jackson Lee amendment, which would
be a compassionate, mind you, use of IRS funds.
Mr. Chairman, I ask for an ``aye'' vote, and I yield back the balance
of my time
The CHAIR. The question is on the amendment offered by the
gentlewoman from California (Ms. Lee).
The amendment was agreed to.
Amendment No. 9 Offered by Mr. Courtney
The CHAIR. It is now in order to consider amendment No. 9 printed in
part B of House Report 116-126.
Mr. COURTNEY. Mr. Chair, I rise as the designee of the gentleman from
New York (Mr. Zeldin), and I have an amendment at the desk.
The CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
At the end of the bill (before the short title), insert the
following:
TITLE IX--ADDITIONAL PROVISION
Sec. 901. None of the funds appropriated by this Act may
be used to enforce section 540 of Public Law 110-329 (122
Stat. 3688) or section 538 of Public Law 112-74 (125 Stat.
976; 6 U.S.C. 190 note).
The CHAIR. Pursuant to House Resolution 460, the gentleman from
Connecticut (Mr. Courtney) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Connecticut.
Mr. COURTNEY. Mr. Chair, I rise in support of this bipartisan
amendment to protect Plum Island, which is being offered by Mr. Zeldin
of New York, myself, Congresswoman Rosa DeLauro, and Tom Suozzi, who
also represents a portion of Long Island.
Plum Island is a unique ecological treasure situated between eastern
Long Island Sound and the Connecticut shoreline. It is the home of over
200 bird species and countless rare plant species, including the
northernmost known extent of the blackjack oak species.
Our amendment today is simple. It prevents the General Services
Administration from using Federal dollars for sale or marketing
activities related to Plum Island.
In 2008, over a decade ago, Congress mandated the public sale of Plum
Island, with proceeds intended to partially offset a new Bio and Agro-
Defense Facility in the State of Kansas. This law dictated that GSA
must sell the island to the highest bidder. Transferring it to another
Federal entity or nonprofit was not an option, which is normally the
way that property such as this is disposed of in other cases.
The statutory requirement enacted in 2008 was flawed and short-
circuits the GSA's usual process of finding potential other Federal
uses for the land or nonprofits to take custody of the land before an
auction.
My colleague from across Long Island Sound, Congressman Lee Zeldin,
and I have introduced several measures to slow down or block the sale
of Plum Island, which has been strongly supported by environmental and
conservancy groups on both sides of Long Island Sound.
In the past several Congresses, the House has voted unanimously to
help our effort only to, unfortunately, have it stall in the Senate.
We have worked with Congresswoman DeLauro, also, to have language
included in the Homeland Security appropriations bill that may come
[[Page H5136]]
up later this summer that would further prevent the sale of Plum
Island.
We have been working in a bipartisan manner to save this ecological
treasure, Plum Island, for over a decade.
Mr. Chair, this amendment would help protect this ecological treasure
from overdevelopment and destruction, and I want to thank the ranking
member and Mr. Quigley for their support in allowing this matter to
make it through the Rules Committee.
Mr. Chair, I strongly urge all Members to support this amendment, I
urge an ``aye'' vote, and I yield back the balance of my time.
The CHAIR. The question is on the amendment offered by the gentleman
from Connecticut (Mr. Courtney).
The amendment was agreed to.
Amendment No. 10 Offered by Mr. Pascrell
The CHAIR. It is now in order to consider amendment No. 10 printed in
part B of House Report 116-126.
Mr. PASCRELL. Mr. Chairman, I have an amendment at the desk.
The CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 105, line 15, after the dollar amount, insert
``(reduced by $1,000,000) (increased by $1,000,000)''.
The CHAIR. Pursuant to House Resolution 460, the gentleman from New
Jersey (Mr. Pascrell) and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from New Jersey.
Mr. PASCRELL. Mr. Chair, I rise on behalf of more than 68 million
Americans who lack access to adequate banking services. They are often
shut out of banks because of fees tied to minimum balances, overdrafts,
direct deposit penalties, and, of course, ATM charges. Or, worse, many
live in bank deserts because, incredibly, even in 2019, their community
lacks a bank or credit union altogether.
This leaves underbanked Americans to turn to unregulated, predatory
payday lenders and check cashers that level obscene annual percentage
rates. These parasitic institutions keep families in poverty and
further cement the economic inequality which tears our country apart.
It does not have to be this way. Our United States Postal Service is
in a unique position to provide affordable, consumer-driven financial
services these millions of Americans need. With branches in every ZIP
Code, from Paterson, New Jersey, to Elko, Nevada, to Barrow, Alaska,
the post office's unmatched reach offers a world of opportunity.
In 2014, the USPS inspector general determined that the Postal
Service is well positioned to expand its financial services offerings,
which currently includes money orders, check cashing, and prepaid debit
card services. The IG's report found there is a significant demand for
these services from populations underserved by private banks that the
Postal Service could fill perfectly.
It is difficult to overstate what this small change would do, Mr.
Chairman. Postal banking would benefit Americans from every walk of
life. Ninety percent of ZIP Codes lacking a bank or credit union are in
rural areas. Bank branches are also sparse in low-income urban areas.
Approximately 46 percent of Latino and 49 percent of African American
households are underbanked.
Think about that. Democrats and Republicans alike could derive
enormous benefits for their constituents. Talk about uniting America.
It is a practical thing.
In a second study the USPS inspector general conducted in 2015, the
IG concluded that expanding the Postal Service's current financial
services offerings would not even cost much, is fully permissible under
current statutory authority, and could generate $1.1 billion in
additional revenue for the Postal Service, annually, after 5 years.
You know what has happened to the Postal Service and how in debt the
Postal Service is because of a few foolish rules that are on the books.
This is not a novel concept. Postal services in 139 countries around
the world offer some form of financial services, including every other
developed country in the world.
Students of history can recall that the United States had a legendary
Postal Savings System up to 1967--started in 1911--and managed over
$3.4 billion in assets, or $35 billion in today's dollars, at the peak
of its use. I want America to back those successes.
Mr. Chairman, I include in the Record an essay I wrote for the
Washington Monthly on modernizing the U.S. Postal Service to make the
institution thrive once more and benefit tens of millions of Americans
in the process. The piece was titled, ``Congress Is Sabotaging Your
Post Office.''
[Apr./May/June 2019]
Congress Is Sabotaging Your Post Office
(By Bill Pascrell, Jr.)
The Larry Doby Post Office is located at 194 Ward Street in
Paterson, New Jersey, across the street from my congressional
office. Dedicated on August 28, 1933, by the legendary
Postmaster General James Farley, the structure was one of the
many built by Franklin D. Roosevelt's administration in the
throes of the Great Depression. While it may not have one of
the stunning murals created by Roosevelt's Section of
Painting and Sculpture, I still marvel at the managed
grandeur of its deco buttressing, the green glow of the
elevated banker's lamps off the marble walls, and the banks
of brass P.O. boxes. My hometown has bounced like a cork in
seas of social tumult, but the Ward Street post office has
endured as I've always known it.
There is a cynical trope that Congress spends too much time
naming post offices, but I don't view the matter as
insignificant. Post offices are open gates to American
history and markers of an optimistic past. Even as
smartphones and electronic communication permeate every
crevice of daily life, the United States Postal Service
(USPS) forms a lifeblood circulatory system connecting every
community in the Union. For this reason, my work to rename
the Ward Street building for Doby, an African American
baseball legend and favorite son of Paterson, remains a
highlight of my career.
Unfortunately, when it comes to Congress and the post
office, the problem isn't too much affection. For decades,
Congress's attitude toward the post has ranged from neglect
to hostility. As a result, the USPS is struggling. In
November 2018, it announced a net decline of $3.9 billion,
continuing a twelve-year negative run.
The agency has been subjected to withering criticism by a
spate of congressional hearings and Government Accountability
Office analyses. A recent task force created by President
Trump labeled the Postal Service's financial path
``unsustainable,'' and recommended changes that would push
the post closer to complete privatization. Under mounting
political pressure, the post office itself has endorsed
draconian layoffs and proposed ending Saturday delivery,
among other savage cuts.
What is causing all these troubles? Is the Postal Service
hopelessly outdated and dysfunctional? No. While it's
tempting to think of it as a mastodon from the pre-internet
era, the post remains one of the most impressive enterprises
on earth.
The USPS handles 47 percent of the world's mail, delivering
nearly 150 billion mail pieces annually. It delivers more in
sixteen days than UPS and FedEx, combined, ship in a year.
The agency has roughly half a million career employees spread
out across almost 31,000 locations. Post offices are tucked
into every state, across far-flung Native American
reservations, and in remote protectorates. If it were a
private business, the post would rank around fortieth on the
Fortune 500. And you can send a letter from coast to coast
for two quarters and a nickel--less than the cost of a candy
bar.
Not surprising, then, that Americans consistently rank the
post office among the most popular arms of government. A
February 2018 poll by the Pew Research Center, for example,
found that 88 percent of Americans have a positive view of
it. That's higher than the approval ratings for the Centers
for Disease Control and Prevention, the Federal Reserve, and
the Federal Bureau of Investigation.
It's true that technological change has affected the Postal
Service's fortunes. As people send fewer and fewer letters,
the volume of first-class mail continues to tumble; between
2016 and 2018, it dropped by more than 4.5 billion pieces.
This depresses the post's revenue, forcing it to take on more
debt, which in turn puts it under greater financial pressure.
But as online shopping slowly replaces in-person retail, the
post is sending and delivering more packages than ever
before, which compensates somewhat for lost revenue. Lower
mail volume is not the main issue.
In reality, most of the post's wounds are politically
inflicted. In the early 1970s, Congress passed legislation
that shoehorned the agency into a convoluted half-public,
half-corporate governing structure, to make it operate more
as a business. And in 2006, Congress required that the Postal
Service pre-fund its health benefit obligations at least
fifty years into the future. This rule has accounted for
nearly 90 percent of the post's red ink since.
For the most part, these harmful ``reforms'' have
originated on the political right. To argue that the Postal
Service needs to be privatized, conservatives need to show
that it is dysfunctional, and there's no better way to do
that than by weighing the agency down with impossible
financial obligations. It continues a generation-long pattern
of institutional vandalism by Republicans across government.
But ultimately,
[[Page H5137]]
both parties bear responsibility. I should know: I was in
Congress when we passed the 2006 bill. And, along with all my
colleagues, I made the mistake of voting for it.
But the good news is that just as Congress put the Postal
Service on its current dangerous trajectory, so can Congress
put it on a sustainable path, bringing our cherished
institution back to full health. In fact, I believe we can go
even further. With its massive infrastructure network, post
offices could revolutionize how the American people perform a
variety of essential tasks, from voting to paying taxes to
banking. Tapping into this network has the potential to
revitalize both the Postal Service and our democracy. Instead
of discussing how to cut the post office, we should be
talking about how to expand it.
Arguments about whether the post should operate like a
business date back to America's founding. While debating the
original Post Office Act, a group including Alexander
Hamilton argued that the post should support itself and make
money for the rest of the government. Others, including
George Washington and James Madison, didn't seem to care
whether it turned a profit. Jonathan Trumbull, the speaker of
the House of Representatives in 1792, observed that having
the post subsidize the circulation of periodicals would be
``among the surest means of preventing the degeneracy of a
free government.'' In the end, Washington and Madison won the
day. The government allowed printers to ship their newspapers
and magazines at a very low cost: one cent to destinations
within 100 miles, and one and a half cents to destinations
more than 100 miles away. This set off what one researcher
called ``the greatest explosion of newspapers in history''--
and with it an explosion in literacy.
By the mid-nineteenth-century mark, the Washingtonian view
of the post as a public good was deeply entrenched. An early
congressional postal commission posited that the post office
existed not for generating revenue but for ``elevating our
people in the scale of civilization, and binding them
together in patriotic affection.'' Legislation enacted
between 1845 and 1851 codified inexpensive letter postage and
further redefined the post's place in public life. The
ratification of these reforms signaled the full defeat of the
idea that the post must be independent. It was entitled to
government support, deficits be damned.
Over the ensuing hundred years, the post would usher in a
second American revolution. Delivery of home mail
precipitated road building and allowed Americans to fan out
and settle across the nation. Postal contracts sustained the
construction of transcontinental railways that would have
otherwise been economically unsustainable. And it was the
post office, not the military, that got the U.S. government
to finally invest in aviation and help birth commercial
flying.
The post has also been an agent of upward social mobility.
For generations, African Americans were locked out of good
government jobs. But as the federal bureaucracy began to
desegregate, black workers joined the USPS en masse. Under
the Harding and Coolidge administrations, black people made
up between 15 and 30 percent of postal employees, making the
agency one of America's foremost incubators of the black
middle class. The post also factored significantly into
Roosevelt's efforts to fight the Great Depression. Between
1932 and 1937, the government built more than 1,300 post
offices. Many were enhanced with the beautiful murals FDR
believed would bring art to the nation. The agency's central
role in America's development was perhaps best summarized in
the Postal Policy Act of 1958, when Congress declared that
the post was ``clearly not a business enterprise conducted
for profit'' but a public service designed to promulgate
``social, cultural, intellectual, and commercial intercourse
among the people of the United States.''
But, in the 1960s, that view began to change. After years
of underinvestment relative to the rise in demand for its
services, the post faced a huge mail backlog in Chicago. Ten
million pieces of undelivered mail piled up in the city, and
the Lyndon Johnson administration established a commission to
look into the agency. It was headed by a former AT&T chairman
and stacked with CEOs and business school deans. In 1970, the
post office was wracked by a debilitating worker strike. The
backlog and the strike spurred a political overreaction.
Following the strike and the commission's 1968
recommendations, Congress passed the Postal Reorganization
Act of 1970, which exiled the postmaster general from the
president's cabinet and downgraded the post office from a
federal department to an independent federal agency.
Ostensibly designed to modernize the post and free it from a
history of patronage, the legislation proved profoundly
shortsighted. It required that the post largely pay for its
operations out of its own revenues, and it split leadership
of the Postal Service between the postmaster general and a
board of governors, the latter of which has been largely
dominated by technocrats who see the post foremost as a
business. At the same time, however, the post was still
subject to congressional oversight. It's hard to imagine any
corporation that would agree to operate under this peculiar
hybrid structure. Even today most Americans don't realize
that despite their reliance on it, our post is not a part of
the government in the same way as the Department of
Agriculture or the Pentagon, and receives effectively no
support from the federal budget.
Unfortunately, the 1970 bill was only the first in a series
of legislative blows against the post. From 1808 until 1995,
Congress had a full congressional committee for the Postal
Service. But as part of his war on government, Speaker Newt
Gingrich relegated its duties to the present-day Oversight
and Reform Committee, where they were assigned to a postal
service subcommittee. In 2001, the Republican House majority
disbanded the subcommittee altogether.
But the most destructive change of all was the Postal
Accountability and Enhancement Act (PAEA). The bill has an
unfortunate history. It was hurried to the floor during a
lame-duck Congress weeks after Republicans were routed from
their twelve-year congressional majority in the 2006
midterms. Committee leaders told us that the legislation was
critical to ``saving'' the post, and we were rushed into
voting for the bill without fully considering its motivations
or long-term impacts. The legislation was passed by voice
vote--without objection. It was a blunder, one of the worst
pieces of legislation Congress has passed in a generation.
While the PAEA included some positive measures, including
giving the post increased autonomy over its rates, the law
generally tightened a noose around the USPS. It further
narrowed the post's charter and prohibited the Postal Service
from engaging in new activities outside of mail delivery. The
law's most destructive section, innocuously labeled ``Postal
Service Retirement and Health Benefits Funding,'' imposed an
unusual requirement on how the post covers its employee
health pensions. Prior to 2006, the post funded its pensions
like all agencies: pay as you go. Now, however, the agency
had to pre-fund the health care benefits of employees at
least fifty years in advance. To meet this requirement, the
post was obligated to place approximately $5.5 billion into a
pension fund each year between 2007 and 2016, followed by
additional large annual payments.
The measure has been a fiendish straitjacket, akin to
making a prospective homeowner cover an entire thirty-year
mortgage before the ink is dry on the deed. The provision is
even more onerous given that the government requires the
treasury to invest all postal workers' retiree money in
government bonds, guaranteeing miniscule returns.
Unsurprisingly, the post has defaulted on all of its pre-
funding payments since 2011, to the tune of at least $40
billion. In each of the last three years, the pre-funding
burden well exceeded the post's total losses. Overall, pre-
funding accounts for almost all of its losses since 2006.
No other agency or department is subject to this
requirement. So why is the Postal Service? The George W. Bush
administration demanded its inclusion and used the savings it
generated to try to balance the budget. Dutiful Republicans
said it was necessary to ensure that the post doesn't
generate a ``huge unfunded liability'' that would require a
bailout from the government, an absurd posture they still
maintain. But the requirement's main upshot has been to
plunge the Postal Service into a perpetual fiscal crisis that
in turn justifies further attacks from the right. Full
privatization is still neither politically nor logistically
feasible, but that won't stop Republicans and their allies
from trying.
Trump's recent Postal Service task force fits into the
gradual push toward privatization. The task force's ultimate
conclusion bore all the hallmarks of a far-right hit job.
Rather than focusing on the Postal Service's pre-funding
provision--which the final report actually recommended
keeping--the task force emphasized the supposed need to lower
Postal Service delivery standards and eliminate employees'
collective bargaining rights. The task force also recommended
diluting the post's universal service guarantee, which would
wreck the agency's functionality in rural communities. In a
country where rural citizens already feel detached from the
rest of the nation, such an outcome would only widen existing
cleavages. Convened in secret, Trump's task force was
designed with the Orwellian purpose not to save the post, but
to further weaken it.
I am heartened that Democrats routinely unite to oppose
privatization. But merely saying that the post should not be
privatized comes from a defensive posture. The solutions we
pursue must be bolder.
Any serious reformation of our post begins with eliminating
the odious pre-funding anchor. But that's only the start. To
really improve the agency, we need to fully reject the idea
that it should be run like a business. There is a reason why
the Founders made the Postal Service a federal department,
and there's a reason why it remained that way through the
better part of the twentieth century. Policymakers wanted to
make sure that Americans could affordably send and receive
mail from anywhere. In pursuing that aim, the USPS has played
a key role in developing our country. To that end, we should
evaluate reviving the U.S. Post Office Department and making
the postmaster general a cabinet official once more. It's
time that we again treat this agency like a public good
rather than a private business.
Nowhere is this perspective needed more than in Congress.
In the House and Senate, we have become hostages to a fiscal
imprisonment outlook, viewing almost every question through
the single calculation of whether it will raise or lower
revenue. Republicans have used the specter of deficits as a
cudgel to beat back funding increases for all departments and
programs. Browbeaten, too many
[[Page H5138]]
Democrats have gone along. But while deficits matter, the
Postal Service isn't running losses because it's inefficient.
It's running losses because of political sabotage.
It's time for Congress to admit that the hybrid structure
it sanctioned forty-nine years ago is not sustainable. So
long as the post exists half as a business and half as a
public enterprise, forced to make money even as it is
constrained by preposterous rules and counterproductive
meddling, it will wobble and teeter. Meanwhile, privatization
advocates will continue to chip away at one of the world's
most impressive agencies.
That doesn't mean the Postal Service should be free of
interrogation. The post, for example, must fix its deal with
Amazon. The company ships perhaps two-thirds of its packages
through the public mail, and its pricing and delivery terms
are separate from those afforded to other businesses that
ship through the post. This comes courtesy of a secret 2013
negotiated service agreement whose provisions have been
hidden from even Congress. The secrecy suggests that Amazon
is getting a deal other retailers don't enjoy.
There is some logic for a deal between the post and Amazon.
But if the world's best delivery system is awarding Amazon a
volume discount, it makes it more difficult for the company's
competitors to challenge Amazon's prices. This sets a
dangerous example for competition policy. The U.S. Postal
Service is a public facility. It should not be used to
further entrench the monopolistic power of a private company.
Nor does it need to. Amazon does not have the post's
infrastructure, and Jeff Bezos's vaunted delivery drones
aren't yet operational. The Postal Service's biggest rivals,
UPS and FedEx, simply can't match the agency's services. In
negotiations, the post should take a harder line and force
Amazon to pay more.
Congress can help spur the Postal Service into bargaining
harder by using its hearing power to make the current Amazon
deal public. Given that Congress has paid so little attention
to the agency in the past, this kind of engagement is sorely
needed. Currently, the House subcommittee that deals with the
USPS is responsible for monitoring a mind-boggling number of
other federal functions and agencies, including (but not
limited to) government management and accounting; federal
property; intergovernmental affairs. including with state and
local governments; and the entire civil service. It's no
wonder the post has become of tertiary importance in the
people's house. Between 2005 and 2018, the House Oversight
Committee held 417 hearings, of which just seven were related
to postal issues. This negligence helps explain why
legislation that kneecaps the USPS, like the 2006 Postal
Accountability and Enhancement Act, glides through Congress
before members really consider its consequences.
The two House members with the most control over postal
issues, House Oversight Committee chairman Elijah Cummings
and government operations subcommittee head Gerry Connolly,
are champions of the Postal Service, and I believe they will
dedicate attention to the issues facing the agency. But both
of their bodies are swamped with other valuable work,
including bringing needed oversight to the river of
corruption flowing from the Trump administration. Over the
next few years, Congress should therefore consider bringing
back the full Postal and Civil Service Committee or, at the
very least, creating an exclusive postal subcommittee.
To truly move beyond playing defense, however, Democrats
need to reimagine what the Postal Service can do. It is,
after all, one of the most remarkable physical systems ever
created. With arms in every single zip code, from Key West,
Florida, to Utqiagvik, Alaska, its expansiveness opens up a
world of opportunity.
In many American communities, the post office was
historically called the ``federal building,'' and it served
as a one-stop shop for numerous governmental needs.
(Tellingly, FDR wanted Social Security to be administered
through posts to assure its accessibility.) In smaller towns
and cities, for example, the post office was a focal point
for immigrant registration, military recruitment, and
distributing income tax forms. There is no reason that
America's post offices can't again provide a variety of
important governmental functions. Indeed, today's post
offices should have all tax forms readily available. The
government should even consider stationing IRS adjutants at
post offices around tax time, which would ease what is, for
many Americans, one of the most stressful times of the year.
The Postal Service could also expand on the passport
assistance it already provides. Many post offices take
passport photos and process some first-time applicants and
renewals. Often, this is by appointment only. I believe that
post offices should offer full passport services to any
American who walks through the doors. In addition to serving
as a gateway to America's bureaucracy, the post could serve
as a door to the rest of the world.
State governments should take advantage of America's postal
infrastructure as well, in particular by expanding the use of
vote by mail, which when done right is proven to increase
political participation. Turning mailboxes into voting booths
would therefore be good for the engagement of our citizenry.
The post could further weave itself into American democracy
by allowing congressional representatives to station their
district staff right in community post offices.
But perhaps the most promising service that post offices
could provide is banking. Today, sixty-eight million
Americans, more than a quarter of U.S. households, lack
access to adequate banking services. Many are shut out by
high fees tied to minimum balances, overdrafts, direct
deposit penalties, and ATM charges. As a result, they are
left to unregulated payday lenders and check cashers that
level obscene annual percentage rates. The postal inspector
general found that underbanked Americans spend $89 billion
each year on financial fees. This closed system shackles
families to poverty, further cementing the economic
inequality tearing our country apart.
Postal branches could offer a range of banking services--
including savings accounts, deposit services, and even small
lending--at a 90 percent discount compared to what predatory
lenders provide, according to a report commissioned by the
USPS inspector general. This would give many families an
average savings of $2,000 a year while putting nearly $9
billion into the post's coffers.
Postal banking could even unite liberals and Trump
supporters. Rural communities are America's most bank
starved: 90 percent of zip codes lacking a bank or credit
union lie in rural areas. Bank branches are also sparse in
poorer urban areas, and 46 percent of Latino and 49 percent
of African American households are unbanked. The Postal
Service is well positioned to help both communities. Some 59
percent of post offices lie in ``bank deserts,'' or places
where there is no more than one branch. Where financial
institutions close their doors to these communities, post
offices remain open to anyone who walks inside. And this
change wouldn't even need the approval of Congress, requiring
only the postmaster general's consent. Pilot programs could
then begin immediately--including in places like 194 Ward
Street in my own city of Paterson.
Ultimately, these reforms would expand on the post's
democratic tradition. For centuries, the agency has connected
far-flung parts of the country at little cost. Letting it
help citizens pay their taxes, obtain passports, vote, and
bank would better connect Americans with their federal
government. In doing so, these reforms could help mend our
citizenry's chronically low confidence in the federal
government. They could also make the agency's contribution to
public life--already enormous--more visible to the people it
serves. And that would make it more difficult for anti-
government zealots to tear the agency apart.
Mr. PASCRELL. It is high time that we as a body come together to
enact sensible postal reform. This amendment is a small step in that
direction.
Mr. Chairman, I thank Representative Pressley and Representative
Amodei for joining me in offering this bipartisan amendment. I strongly
encourage my colleagues to join me in supporting this amendment, and I
yield back the balance of my time.
The CHAIR. The question is on the amendment offered by the gentleman
from New Jersey (Mr. Pascrell).
The amendment was agreed to.
Mr. QUIGLEY. Mr. Chair, I move that the Committee do now rise.
The motion was agreed to.
Accordingly, the Committee rose; and the Speaker pro tempore (Mr.
Pascrell) having assumed the chair, Mr. Keating, Chair of the Committee
of the Whole House on the state of the Union, reported that that
Committee, having had under consideration the bill (H.R. 3351) making
appropriations for financial services and general government for the
fiscal year ending September 30, 2020, and for other purposes, had come
to no resolution thereon.
____________________