In the House of Representatives, U. S., 

December 17, 2019. 

Resolved, That the House agree to the amendment of the 

Senate to the bill (H.R. 1865) entitled ‘‘An Act to require 

the Secretary of the Treasury to mint a coin in commemoration of the opening of the National Law Enforcement Museum in the District of Columbia, and for other purposes.’’, 

with the following 

HOUSE AMENDMENT TO SENATE AMENDMENT: 

At the end of the Senate amendment, add the following: 

1 SECTION 1 SHORT TITLE. 

2 This Act may be cited as the ‘‘Further Consolidated 

3 Appropriations Act, 2020’’. 

4 SEC. 2. TABLE OF CONTENTS. 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

Sec. 3. References. 

Sec. 4. Explanatory statement. 

Sec. 5. Statement of appropriations. 

Sec. 6. Availability of funds. 

Sec. 7. Adjustments to compensation. 

Sec. 8 Office of Management and Budget Reporting Requirements. 

DIVISION A—DEPARTMENTS OF LABOR, HEALTH AND HUMAN 

SERVICES, AND EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2020 

Title I—Department of Labor 

Title II—Department of Health and Human Services 

Title III—Department of Education 

Title IV—Related Agencies 
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Title V—General Provisions 

DIVISION B—AGRICULTURE, RURAL DEVELOPMENT, FOOD AND 

DRUG ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2020 

Title I—Agricultural Programs 

Title II—Farm Production and Conservation Programs 

Title III—Rural Development Programs 

Title IV—Domestic Food Programs 

Title V—Foreign Assistance and Related Programs 

Title VI—Related Agencies and Food and Drug Administration 

Title VII—General Provisions 

DIVISION C—ENERGY AND WATER DEVELOPMENT AND RELATED 

AGENCIES APPROPRIATIONS ACT, 2020 

Title I—Corps of Engineers—Civil 

Title II—Department of the Interior 

Title III—Department of Energy 

Title IV—Independent Agencies 

Title V—General Provisions 

DIVISION D—DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND 

RELATED AGENCIES APPROPRIATIONS ACT, 2020 

Title I—Department of the Interior 

Title II—Environmental Protection Agency 

Title III—Related Agencies 

Title IV—General Provisions 

DIVISION E—LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2020 

Title I—Legislative Branch 

Title II—General Provisions 

DIVISION F—MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND 

RELATED AGENCIES APPROPRIATIONS ACT, 2020 

Title I—Department of Defense 

Title II—Department of Veterans Affairs 

Title III—Related Agencies 

Title IV—Overseas Contingency Operations 

Title V—Natural Disaster Relief 

Title VI—General Provisions 

DIVISION G—DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND 

RELATED PROGRAMS APPROPRIATIONS ACT, 2020 

Title I—Department of State and Related Agency 

Title II—United States Agency for International Development 

Title III—Bilateral Economic Assistance 

Title IV—International Security Assistance 

Title V—Multilateral Assistance 

Title VI—Export and Investment Assistance 
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Title VII—General Provisions 

DIVISION H—TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED AGENCIES APPROPRIATIONS ACT, 2020 

Title I—Department of Transportation 

Title II—Department of Housing and Urban Development 

Title III—Related Agencies 

Title IV—General Provisions—This Act 

DIVISION I—EXTENSIONS 

Title I—Immigration Extensions 

Title II—National Flood Insurance Program Extension 

Title III—Secure Rural Schools and Community Self-Determination Extension 

Title IV—Export-Import Bank Extension 

Title V—Terrorism Risk Insurance Program Extension 

Title VI—NASA Enhanced Use Leasing Extension 

Title VII—INKSNA Extension 

Title VIII—Brand USA Extension 

Title IX—DC Opportunity Scholarship Extensions 

Title X—Budgetary Effects 

DIVISION J—FOREIGN POLICY 

DIVISION K—NATIONAL LAW ENFORCEMENT MUSEUM 

COMMEMORATIVE COIN 

DIVISION L—DHS CYBER HUNT AND INCIDENT RESPONSE TEAMS 

DIVISION M—BIPARTISAN AMERICAN MINERS 

DIVISION N—HEALTH AND HUMAN SERVICES EXTENDERS 

DIVISION O—SETTING EVERY COMMUNITY UP FOR RETIREMENT 

ENHANCEMENT 

DIVISION P—OTHER MATTER 

Title I—Platte River Recovery Implementation Program 

Title II—Great Lakes 

Title III—Morris K. Udall and Stewart L. Udall Foundation 

Title IV—White Horse Hill National Game Preserve 

Title V—Pittman-Robertson Fund 

Title VI—John F. Kennedy Center 

Title VII—Preserving America’s Battlefields 

Title VIII—Veterans Affairs Report on Disability Compensation and the Positive 

Association With Exposure to an Herbicide Agent 

Title IX—Disaster Recovery Workforce 

Title X—Television Viewer Protection 

Title XI—Eligibility to Receive Signals Under a Distant-Signal Satellite License 

Title XII—Groundfish Trawl Fishery 

Title XIII—Temporary Relief from Certain ERISA Requirements 

Title XIV—Library of Congress Technical Corrections 

Title XV—Senate Entities 

Title XVI—Legislative Branch Inspectors General Independence 

Title XVII—Managing Political Fund Activity 
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Title XVIII—Kentucky Wildlands National Heritage Area Study 

Title XIX—International Bank for Reconstruction and Development 

Title XX—European Energy Security and Diversification Act of 2019 

DIVISION Q—REVENUE PROVISIONS 

1 SEC. 3. REFERENCES. 

2 Except as expressly provided otherwise, any reference 

3 to ‘‘this Act’’ contained in any division of this Act shall 

4 be treated as referring only to the provisions of that divi5 sion. 

6 SEC. 4. EXPLANATORY STATEMENT. 

7 The explanatory statement regarding this Act, printed 

8 in the House section of the Congressional Record on or 

9 about December 17, 2019, and submitted by the Chair10 woman of the Committee on Appropriations of the House, 

11 shall have the same effect with respect to the allocation of 

12 funds and implementation of divisions A through H of this 

13 Act as if it were a joint explanatory statement of a com14 mittee of conference. 

15 SEC. 5. STATEMENT OF APPROPRIATIONS. 

16 The following sums in this Act are appropriated, out 

17 of any money in the Treasury not otherwise appropriated, 

18 for the fiscal year ending September 30, 2020. 

19 SEC. 6. AVAILABILITY OF FUNDS. 

20 (a) Each amount designated in this Act by the Con21 gress as an emergency requirement pursuant to section 

22 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

23 Deficit Control Act of 1985 shall be available (or rescinded, 
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1 if applicable) only if the President subsequently so des2 ignates all such amounts and transmits such designations 

3 to the Congress. 

4 (b) Each amount designated in this Act by the Con5 gress for Overseas Contingency Operations/Global War on 

6 Terrorism pursuant to section 251(b)(2)(A)(ii) of the Bal7 anced Budget and Emergency Deficit Control Act of 1985 

8 shall be available (or rescinded, if applicable) only if the 

9 President subsequently so designates all such amounts and 

10 transmits such designations to the Congress. 

11 SEC. 7. ADJUSTMENTS TO COMPENSATION. 

12 Notwithstanding any other provision of law, no adjust13 ment shall be made under section 601(a) of the Legislative 

14 Reorganization Act of 1946 (2 U.S.C. 4501) (relating to 

15 cost of living adjustments for Members of Congress) during 

16 fiscal year 2020. 

17 SEC. 8. OFFICE OF MANAGEMENT AND BUDGET REPORTING 

18 REQUIREMENTS. 

19 (a) As of the date of enactment of this Act, section 150 

20 of the Continuing Appropriations Act, 2020 (division A of 

21 Public Law 116–59), as added by the Further Continuing 

22 Appropriations Act, 2020 (division A of Public Law 116– 

23 69), shall no longer have any force or effect. 

24 (b) Notwithstanding the ‘‘7 calendar days’’ require25 ment in section 251(a)(7)(B) of the Balanced Budget and 
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1 Emergency Deficit Control Act of 1985 (2 U.S.C. 

2 901(a)(7)(B)), for any appropriations Act for fiscal year 

3 2020 enacted before January 1, 2020, the Office of Manage4 ment and Budget shall transmit to the Congress its report 

5 under that section estimating the discretionary budgetary 

6 effects of such Acts not later than January 15, 2020. 

7 DIVISION A—DEPARTMENTS OF LABOR, 

8 HEALTH AND HUMAN SERVICES, AND 

9 EDUCATION, AND RELATED AGENCIES 

10 APPROPRIATIONS ACT, 2020 

11 TITLE I 

12 DEPARTMENT OF LABOR 

13 EMPLOYMENT AND TRAINING ADMINISTRATION

14 TRAINING AND EMPLOYMENT SERVICES

15 For necessary expenses of the Workforce Innovation 

16 and Opportunity Act (referred to in this Act as ‘‘WIOA’’) 

17 and the National Apprenticeship Act, $3,611,200,000, plus 

18 reimbursements, shall be available. Of the amounts pro19 vided: 

20 (1) for grants to States for adult employment 

21 and training activities, youth activities, and dis22 located worker employment and training activities, 

23 $2,819,832,000 as follows: 

24 (A) $854,649,000 for adult employment and 

25 training activities, of which $142,649,000 shall 
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1 be available for the period July 1, 2020 through 

2 June 30, 2021, and of which $712,000,000 shall 

3 be available for the period October 1, 2020 

4 through June 30, 2021; 

5 (B) $913,130,000 for youth activities, which 

6 shall be available for the period April 1, 2020 

7 through June 30, 2021; and 

8 (C) $1,052,053,000 for dislocated worker 

9 employment and training activities, of which 

10 $192,053,000 shall be available for the period 

11 July 1, 2020 through June 30, 2021, and of 

12 which $860,000,000 shall be available for the pe13 riod October 1, 2020 through June 30, 2021: 

14 Provided, That the funds available for allotment to 

15 outlying areas to carry out subtitle B of title I of the 

16 WIOA shall not be subject to the requirements of sec17 tion 127(b)(1)(B)(ii) of such Act; and 

18 (2) for national programs, $791,368,000 as fol19 lows: 

20 (A) $270,859,000 for the dislocated workers 

21 assistance national reserve, of which $70,859,000 

22 shall be available for the period July 1, 2020 

23 through September 30, 2021, and of which 

24 $200,000,000 shall be available for the period 

25 October 1, 2020 through September 30, 2021: 
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1 Provided, That funds provided to carry out sec2 tion 132(a)(2)(A) of the WIOA may be used to 

3 provide assistance to a State for statewide or 

4 local use in order to address cases where there 

5 have been worker dislocations across multiple 

6 sectors or across multiple local areas and such 

7 workers remain dislocated; coordinate the State 

8 workforce development plan with emerging eco9 nomic development needs; and train such eligible 

10 dislocated workers: Provided further, That funds 

11 provided to carry out sections 168(b) and 169(c) 

12 of the WIOA may be used for technical assistance 

13 and demonstration projects, respectively, that 

14 provide assistance to new entrants in the work15 force and incumbent workers: Provided further, 

16 That notwithstanding section 168(b) of the 

17 WIOA, of the funds provided under this subpara18 graph, the Secretary of Labor (referred to in this 

19 title as ‘‘Secretary’’) may reserve not more than 

20 10 percent of such funds to provide technical as21 sistance and carry out additional activities re22 lated to the transition to the WIOA: Provided 

23 further, That of the funds provided under this 

24 subparagraph, $70,000,000 shall be for training 

25 and employment assistance under sections 
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1 168(b), 169(c) (notwithstanding the 10 percent 

2 limitation in such section) and 170 of the WIOA 

3 as follows: 

4 (i) $30,000,000 shall be for workers in 

5 the Appalachian region, as defined by 40 

6 U.S.C. 14102(a)(1) and workers in the 

7 Lower Mississippi, as defined in section 

8 4(2) of the Delta Development Act (Public 

9 Law 100–460, 102 Stat. 2246; 7 U.S.C. 

10 2009aa(2)); 

11 (ii) $40,000,000 shall be for the pur12 pose of developing, offering, or improving 

13 educational or career training programs at 

14 community colleges, defined as public insti15 tutions of higher education, as described in 

16 section 101(a) of the Higher Education Act 

17 and at which the associate’s degree is pri18 marily the highest degree awarded, with 

19 other eligible institutions of higher edu20 cation, as defined in section 101(a) of the 

21 Higher Education Act, eligible to partici22 pate through consortia, with community 

23 colleges as the lead grantee: Provided, That 

24 the Secretary shall follow the requirements 

25 for the program in House Report 116–62: 
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1 Provided further, That any grant funds 

2 used for apprenticeships shall be used to 

3 support only apprenticeship programs reg4 istered under the National Apprenticeship 

5 Act and as referred to in section 3(7)(B) of 

6 the Workforce Innovation and Opportunity 

7 Act; 

8 (B) $55,000,000 for Native American pro9 grams under section 166 of the WIOA, which 

10 shall be available for the period July 1, 2020 

11 through June 30, 2021; 

12 (C) $91,896,000 for migrant and seasonal 

13 farmworker programs under section 167 of the 

14 WIOA, including $85,229,000 for formula grants 

15 (of which not less than 70 percent shall be for 

16 employment and training services), $6,122,000 

17 for migrant and seasonal housing (of which not 

18 less than 70 percent shall be for permanent hous19 ing), and $545,000 for other discretionary pur20 poses, which shall be available for the period 

21 April 1, 2020 through June 30, 2021: Provided, 

22 That notwithstanding any other provision of law 

23 or related regulation, the Department of Labor 

24 shall take no action limiting the number or pro25 portion of eligible participants receiving related 
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•HR 1865 EAH 

1 assistance services or discouraging grantees from 

2 providing such services; 

3 (D) $94,534,000 for YouthBuild activities 

4 as described in section 171 of the WIOA, which 

5 shall be available for the period April 1, 2020 

6 through June 30, 2021; 

7 (E) $98,079,000 for ex-offender activities, 

8 under the authority of section 169 of the WIOA, 

9 which shall be available for the period April 1, 

10 2020 through June 30, 2021: Provided, That of 

11 this amount, $25,000,000 shall be for competitive 

12 grants to national and regional intermediaries 

13 for activities that prepare young ex-offenders and 

14 school dropouts for employment, with a priority 

15 for projects serving high-crime, high-poverty 

16 areas; 

17 (F) $6,000,000 for the Workforce Data 

18 Quality Initiative, under the authority of section 

19 169 of the WIOA, which shall be available for the 

20 period July 1, 2020 through June 30, 2021; and 

21 (G) $175,000,000 to expand opportunities 

22 through apprenticeships only registered under 

23 the National Apprenticeship Act and as referred 

24 to in section 3(7)(B) of the WIOA, to be avail25 able to the Secretary to carry out activities 
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1 through grants, cooperative agreements, contracts 

2 and other arrangements, with States and other 

3 appropriate entities, which shall be available for 

4 the period July 1, 2020 through June 30, 2021. 

5 JOB CORPS

6 (INCLUDING TRANSFER OF FUNDS)

7 To carry out subtitle C of title I of the WIOA, includ8 ing Federal administrative expenses, the purchase and hire 

9 of passenger motor vehicles, the construction, alteration, 

10 and repairs of buildings and other facilities, and the pur11 chase of real property for training centers as authorized by 

12 the WIOA, $1,743,655,000, plus reimbursements, as follows: 

13 (1) $1,603,325,000 for Job Corps Operations, 

14 which shall be available for the period July 1, 2020 

15 through June 30, 2021; 

16 (2) $108,000,000 for construction, rehabilitation 

17 and acquisition of Job Corps Centers, which shall be 

18 available for the period July 1, 2020 through June 

19 30, 2023, and which may include the acquisition, 

20 maintenance, and repair of major items of equip21 ment: Provided, That the Secretary may transfer up 

22 to 15 percent of such funds to meet the operational 

23 needs of such centers or to achieve administrative effi24 ciencies: Provided further, That any funds transferred 

25 pursuant to the preceding provision shall not be 
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1 available for obligation after June 30, 2021: Provided 

2 further, That the Committees on Appropriations of 

3 the House of Representatives and the Senate are noti4 fied at least 15 days in advance of any transfer; and 

5 (3) $32,330,000 for necessary expenses of Job 

6 Corps, which shall be available for obligation for the 

7 period October 1, 2019 through September 30, 2020: 

8 Provided, That no funds from any other appropriation 

9 shall be used to provide meal services at or for Job Corps 

10 centers. 

11 COMMUNITY SERVICE EMPLOYMENT FOR OLDER AMERICANS

12 To carry out title V of the Older Americans Act of 1965 

13 (referred to in this Act as ‘‘OAA’’), $405,000,000, which 

14 shall be available for the period April 1, 2020 through June 

15 30, 2021, and may be recaptured and reobligated in accord16 ance with section 517(c) of the OAA. 

17 FEDERAL UNEMPLOYMENT BENEFITS AND ALLOWANCES

18 For payments during fiscal year 2020 of trade adjust19 ment benefit payments and allowances under part I of sub20 chapter B of chapter 2 of title II of the Trade Act of 1974, 

21 and section 246 of that Act; and for training, employment 

22 and case management services, allowances for job search 

23 and relocation, and related State administrative expenses 

24 under part II of subchapter B of chapter 2 of title II of 

25 the Trade Act of 1974, and including benefit payments, al-
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1 lowances, training, employment and case management serv2 ices, and related State administration provided pursuant 

3 to section 231(a) of the Trade Adjustment Assistance Exten4 sion Act of 2011 and section 405(a) of the Trade Preferences 

5 Extension Act of 2015, $680,000,000 together with such 

6 amounts as may be necessary to be charged to the subse7 quent appropriation for payments for any period subse8 quent to September 15, 2020: Provided, That notwith9 standing section 502 of this Act, any part of the appropria10 tion provided under this heading may remain available for 

11 obligation beyond the current fiscal year pursuant to the 

12 authorities of section 245(c) of the Trade Act of 1974 (19 

13 U.S.C. 2317(c)). 

14 STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT

15 SERVICE OPERATIONS

16 For authorized administrative expenses, $84,066,000, 

17 together with not to exceed $3,290,583,000 which may be 

18 expended from the Employment Security Administration 

19 Account in the Unemployment Trust Fund (‘‘the Trust 

20 Fund’’), of which: 

21 (1) $2,540,816,000 from the Trust Fund is for 

22 grants to States for the administration of State un23 employment insurance laws as authorized under title 

24 III of the Social Security Act (including not less than 

25 $175,000,000 to carry out reemployment services and 
15 

•HR 1865 EAH 

1 eligibility assessments under section 306 of such Act, 

2 any claimants of regular compensation, as defined in 

3 such section, including those who are profiled as most 

4 likely to exhaust their benefits, may be eligible for 

5 such services and assessments: Provided, That of such 

6 amount, $117,000,000 is specified for grants under 

7 section 306 of the Social Security Act and is provided 

8 to meet the terms of section 251(b)(2)(E)(ii) of the 

9 Balanced Budget and Emergency Deficit Control Act 

10 of 1985, as amended, and $58,000,000 is additional 

11 new budget authority specified for purposes of section 

12 251(b)(2)(E)(i)(II) of such Act; and $9,000,000 for 

13 continued support of the Unemployment Insurance 

14 Integrity Center of Excellence), the administration of 

15 unemployment insurance for Federal employees and 

16 for ex-service members as authorized under 5 U.S.C. 

17 8501–8523, and the administration of trade readjust18 ment allowances, reemployment trade adjustment as19 sistance, and alternative trade adjustment assistance 

20 under the Trade Act of 1974 and under section 231(a) 

21 of the Trade Adjustment Assistance Extension Act of 

22 2011 and section 405(a) of the Trade Preferences Ex23 tension Act of 2015, and shall be available for obliga24 tion by the States through December 31, 2020, except 

25 that funds used for automation shall be available for 
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1 Federal obligation through December 31, 2020, and 

2 for State obligation through September 30, 2022, or, 

3 if the automation is being carried out through con4 sortia of States, for State obligation through Sep5 tember 30, 2026, and for expenditure through Sep6 tember 30, 2027, and funds for competitive grants 

7 awarded to States for improved operations and to 

8 conduct in-person reemployment and eligibility as9 sessments and unemployment insurance improper 

10 payment reviews and provide reemployment services 

11 and referrals to training, as appropriate, shall be 

12 available for Federal obligation through December 31, 

13 2020, and for obligation by the States through Sep14 tember 30, 2022, and funds for the Unemployment In15 surance Integrity Center of Excellence shall be avail16 able for obligation by the State through September 30, 

17 2021, and funds used for unemployment insurance 

18 workloads experienced through September 30, 2020 

19 shall be available for Federal obligation through De20 cember 31, 2020; 

21 (2) $12,000,000 from the Trust Fund is for na22 tional activities necessary to support the administra23 tion of the Federal-State unemployment insurance 

24 system; 
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1 (3) $646,639,000 from the Trust Fund, together 

2 with $21,413,000 from the General Fund of the Treas3 ury, is for grants to States in accordance with section 

4 6 of the Wagner-Peyser Act, and shall be available for 

5 Federal obligation for the period July 1, 2020 through 

6 June 30, 2021; 

7 (4) $22,318,000 from the Trust Fund is for na8 tional activities of the Employment Service, including 

9 administration of the work opportunity tax credit 

10 under section 51 of the Internal Revenue Code of 

11 1986, and the provision of technical assistance and 

12 staff training under the Wagner-Peyser Act; 

13 (5) $68,810,000 from the Trust Fund is for the 

14 administration of foreign labor certifications and re15 lated activities under the Immigration and Nation16 ality Act and related laws, of which $54,528,000 shall 

17 be available for the Federal administration of such 

18 activities, and $14,282,000 shall be available for 

19 grants to States for the administration of such activi20 ties; and 

21 (6) $62,653,000 from the General Fund is to 

22 provide workforce information, national electronic 

23 tools, and one-stop system building under the Wagner24 Peyser Act and shall be available for Federal obliga-
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1 tion for the period July 1, 2020 through June 30, 

2 2021: 

3 Provided, That to the extent that the Average Weekly In4 sured Unemployment (‘‘AWIU’’) for fiscal year 2020 is pro5 jected by the Department of Labor to exceed 1,706,000, an 

6 additional $28,600,000 from the Trust Fund shall be avail7 able for obligation for every 100,000 increase in the AWIU 

8 level (including a pro rata amount for any increment less 

9 than 100,000) to carry out title III of the Social Security 

10 Act: Provided further, That funds appropriated in this Act 

11 that are allotted to a State to carry out activities under 

12 title III of the Social Security Act may be used by such 

13 State to assist other States in carrying out activities under 

14 such title III if the other States include areas that have 

15 suffered a major disaster declared by the President under 

16 the Robert T. Stafford Disaster Relief and Emergency As17 sistance Act: Provided further, That the Secretary may use 

18 funds appropriated for grants to States under title III of 

19 the Social Security Act to make payments on behalf of 

20 States for the use of the National Directory of New Hires 

21 under section 453(j)(8) of such Act: Provided further, That 

22 the Secretary may use funds appropriated for grants to 

23 States under title III of the Social Security Act to make 

24 payments on behalf of States to the entity operating the 

25 State Information Data Exchange System: Provided fur-
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1 ther, That funds appropriated in this Act which are used 

2 to establish a national one-stop career center system, or 

3 which are used to support the national activities of the Fed4 eral-State unemployment insurance, employment service, or 

5 immigration programs, may be obligated in contracts, 

6 grants, or agreements with States and non-State entities: 

7 Provided further, That States awarded competitive grants 

8 for improved operations under title III of the Social Secu9 rity Act, or awarded grants to support the national activi10 ties of the Federal-State unemployment insurance system, 

11 may award subgrants to other States and non-State entities 

12 under such grants, subject to the conditions applicable to 

13 the grants: Provided further, That funds appropriated 

14 under this Act for activities authorized under title III of 

15 the Social Security Act and the Wagner-Peyser Act may 

16 be used by States to fund integrated Unemployment Insur17 ance and Employment Service automation efforts, notwith18 standing cost allocation principles prescribed under the 

19 final rule entitled ‘‘Uniform Administrative Requirements, 

20 Cost Principles, and Audit Requirements for Federal 

21 Awards’’ at part 200 of title 2, Code of Federal Regulations: 

22 Provided further, That the Secretary, at the request of a 

23 State participating in a consortium with other States, may 

24 reallot funds allotted to such State under title III of the 

25 Social Security Act to other States participating in the con-
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1 sortium or to the entity operating the Unemployment In2 surance Information Technology Support Center in order 

3 to carry out activities that benefit the administration of 

4 the unemployment compensation law of the State making 

5 the request: Provided further, That the Secretary may col6 lect fees for the costs associated with additional data collec7 tion, analyses, and reporting services relating to the Na8 tional Agricultural Workers Survey requested by State and 

9 local governments, public and private institutions of higher 

10 education, and nonprofit organizations and may utilize 

11 such sums, in accordance with the provisions of 29 U.S.C. 

12 9a, for the National Agricultural Workers Survey infra13 structure, methodology, and data to meet the information 

14 collection and reporting needs of such entities, which shall 

15 be credited to this appropriation and shall remain available 

16 until September 30, 2021, for such purposes. 

17 ADVANCES TO THE UNEMPLOYMENT TRUST FUND AND

18 OTHER FUNDS

19 For repayable advances to the Unemployment Trust 

20 Fund as authorized by sections 905(d) and 1203 of the So21 cial Security Act, and to the Black Lung Disability Trust 

22 Fund as authorized by section 9501(c)(1) of the Internal 

23 Revenue Code of 1986; and for nonrepayable advances to 

24 the revolving fund established by section 901(e) of the Social 

25 Security Act, to the Unemployment Trust Fund as author-
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1 ized by 5 U.S.C. 8509, and to the ‘‘Federal Unemployment 

2 Benefits and Allowances’’ account, such sums as may be 

3 necessary, which shall be available for obligation through 

4 September 30, 2021. 

5 PROGRAM ADMINISTRATION

6 For expenses of administering employment and train7 ing programs, $108,674,000, together with not to exceed 

8 $49,982,000 which may be expended from the Employment 

9 Security Administration Account in the Unemployment 

10 Trust Fund. 

11 EMPLOYEE BENEFITS SECURITY ADMINISTRATION

12 SALARIES AND EXPENSES

13 For necessary expenses for the Employee Benefits Secu14 rity Administration, $181,000,000, of which up to 

15 $3,000,000 shall be made available through September 30, 

16 2021, for the procurement of expert witnesses for enforce17 ment litigation. 

18 PENSION BENEFIT GUARANTY CORPORATION

19 PENSION BENEFIT GUARANTY CORPORATION FUND

20 The Pension Benefit Guaranty Corporation (‘‘Cor21 poration’’) is authorized to make such expenditures, includ22 ing financial assistance authorized by subtitle E of title IV 

23 of the Employee Retirement Income Security Act of 1974, 

24 within limits of funds and borrowing authority available 

25 to the Corporation, and in accord with law, and to make 
22 

•HR 1865 EAH 

1 such contracts and commitments without regard to fiscal 

2 year limitations, as provided by 31 U.S.C. 9104, as may 

3 be necessary in carrying out the program, including associ4 ated administrative expenses, through September 30, 2020, 

5 for the Corporation: Provided, That none of the funds avail6 able to the Corporation for fiscal year 2020 shall be avail7 able for obligations for administrative expenses in excess of 

8 $452,858,000: Provided further, That to the extent that the 

9 number of new plan participants in plans terminated by 

10 the Corporation exceeds 100,000 in fiscal year 2020, an 

11 amount not to exceed an additional $9,200,000 shall be 

12 available through September 30, 2024, for obligations for 

13 administrative expenses for every 20,000 additional termi14 nated participants: Provided further, That obligations in 

15 excess of the amounts provided for administrative expenses 

16 in this paragraph may be incurred and shall be available 

17 through September 30, 2024 for obligation for unforeseen 

18 and extraordinary pre-termination or termination expenses 

19 or extraordinary multiemployer program related expenses 

20 after approval by the Office of Management and Budget and 

21 notification of the Committees on Appropriations of the 

22 House of Representatives and the Senate: Provided further, 

23 That an additional amount shall be available for obligation 

24 through September 30, 2024 to the extent the Corporation’s 

25 costs exceed $250,000 for the provision of credit or identity 
23 

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1 monitoring to affected individuals upon suffering a security 

2 incident or privacy breach, not to exceed an additional 

3 $100 per affected individual. 

4 WAGE AND HOUR DIVISION

5 SALARIES AND EXPENSES

6 For necessary expenses for the Wage and Hour Divi7 sion, including reimbursement to State, Federal, and local 

8 agencies and their employees for inspection services ren9 dered, $242,000,000. 

10 OFFICE OF LABOR-MANAGEMENT STANDARDS

11 SALARIES AND EXPENSES

12 For necessary expenses for the Office of Labor-Manage13 ment Standards, $43,187,000. 

14 OFFICE OF FEDERAL CONTRACT COMPLIANCE PROGRAMS

15 SALARIES AND EXPENSES

16 For necessary expenses for the Office of Federal Con17 tract Compliance Programs, $105,976,000. 

18 OFFICE OF WORKERS’ COMPENSATION PROGRAMS

19 SALARIES AND EXPENSES

20 For necessary expenses for the Office of Workers’ Com21 pensation Programs, $115,424,000, together with 

22 $2,177,000 which may be expended from the Special Fund 

23 in accordance with sections 39(c), 44(d), and 44(j) of the 

24 Longshore and Harbor Workers’ Compensation Act. 
24 

•HR 1865 EAH 

1 SPECIAL BENEFITS

2 (INCLUDING TRANSFER OF FUNDS)

3 For the payment of compensation, benefits, and ex4 penses (except administrative expenses) accruing during the 

5 current or any prior fiscal year authorized by 5 U.S.C. 81; 

6 continuation of benefits as provided for under the heading 

7 ‘‘Civilian War Benefits’’ in the Federal Security Agency 

8 Appropriation Act, 1947; the Employees’ Compensation 

9 Commission Appropriation Act, 1944; section 5(f) of the 

10 War Claims Act (50 U.S.C. App. 2012); obligations in11 curred under the War Hazards Compensation Act (42 

12 U.S.C. 1701 et seq.); and 50 percent of the additional com13 pensation and benefits required by section 10(h) of the 

14 Longshore and Harbor Workers’ Compensation Act, 

15 $234,600,000, together with such amounts as may be nec16 essary to be charged to the subsequent year appropriation 

17 for the payment of compensation and other benefits for any 

18 period subsequent to August 15 of the current year, for de19 posit into and to assume the attributes of the Employees’ 

20 Compensation Fund established under 5 U.S.C. 8147(a): 

21 Provided, That amounts appropriated may be used under 

22 5 U.S.C. 8104 by the Secretary to reimburse an employer, 

23 who is not the employer at the time of injury, for portions 

24 of the salary of a re-employed, disabled beneficiary: Pro25 vided further, That balances of reimbursements unobligated 
25 

•HR 1865 EAH 

1 on September 30, 2019, shall remain available until ex2 pended for the payment of compensation, benefits, and ex3 penses: Provided further, That in addition there shall be 

4 transferred to this appropriation from the Postal Service 

5 and from any other corporation or instrumentality required 

6 under 5 U.S.C. 8147(c) to pay an amount for its fair share 

7 of the cost of administration, such sums as the Secretary 

8 determines to be the cost of administration for employees 

9 of such fair share entities through September 30, 2020: Pro10 vided further, That of those funds transferred to this ac11 count from the fair share entities to pay the cost of adminis12 tration of the Federal Employees’ Compensation Act, 

13 $74,777,000 shall be made available to the Secretary as fol14 lows: 

15 (1) For enhancement and maintenance of auto16 mated data processing systems operations and tele17 communications systems, $24,540,000; 

18 (2) For automated workload processing oper19 ations, including document imaging, centralized mail 

20 intake, and medical bill processing, $22,968,000; 

21 (3) For periodic roll disability management and 

22 medical review, $25,535,000; 

23 (4) For program integrity, $1,734,000; and 

24 (5) The remaining funds shall be paid into the 

25 Treasury as miscellaneous receipts: 
26 

•HR 1865 EAH 

1 Provided further, That the Secretary may require that any 

2 person filing a notice of injury or a claim for benefits under 

3 5 U.S.C. 81, or the Longshore and Harbor Workers’ Com4 pensation Act, provide as part of such notice and claim, 

5 such identifying information (including Social Security ac6 count number) as such regulations may prescribe. 

7 SPECIAL BENEFITS FOR DISABLED COAL MINERS

8 For carrying out title IV of the Federal Mine Safety 

9 and Health Act of 1977, as amended by Public Law 107– 

10 275, $20,970,000, to remain available until expended. 

11 For making after July 31 of the current fiscal year, 

12 benefit payments to individuals under title IV of such Act, 

13 for costs incurred in the current fiscal year, such amounts 

14 as may be necessary. 

15 For making benefit payments under title IV for the 

16 first quarter of fiscal year 2021, $14,000,000, to remain 

17 available until expended. 

18 ADMINISTRATIVE EXPENSES, ENERGY EMPLOYEES

19 OCCUPATIONAL ILLNESS COMPENSATION FUND

20 For necessary expenses to administer the Energy Em21 ployees Occupational Illness Compensation Program Act, 

22 $59,846,000, to remain available until expended: Provided, 

23 That the Secretary may require that any person filing a 

24 claim for benefits under the Act provide as part of such 
27 

•HR 1865 EAH 

1 claim such identifying information (including Social Secu2 rity account number) as may be prescribed. 

3 BLACK LUNG DISABILITY TRUST FUND

4 (INCLUDING TRANSFER OF FUNDS)

5 Such sums as may be necessary from the Black Lung 

6 Disability Trust Fund (the ‘‘Fund’’), to remain available 

7 until expended, for payment of all benefits authorized by 

8 section 9501(d)(1), (2), (6), and (7) of the Internal Revenue 

9 Code of 1986; and repayment of, and payment of interest 

10 on advances, as authorized by section 9501(d)(4) of that 

11 Act. In addition, the following amounts may be expended 

12 from the Fund for fiscal year 2020 for expenses of operation 

13 and administration of the Black Lung Benefits program, 

14 as authorized by section 9501(d)(5): not to exceed 

15 $38,246,000 for transfer to the Office of Workers’ Compensa16 tion Programs, ‘‘Salaries and Expenses’’; not to exceed 

17 $32,844,000 for transfer to Departmental Management, 

18 ‘‘Salaries and Expenses’’; not to exceed $330,000 for trans19 fer to Departmental Management, ‘‘Office of Inspector Gen20 eral’’; and not to exceed $356,000 for payments into mis21 cellaneous receipts for the expenses of the Department of the 

22 Treasury. 
28 

•HR 1865 EAH 

1 OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION

2 SALARIES AND EXPENSES

3 For necessary expenses for the Occupational Safety 

4 and Health Administration, $581,787,000, including not to 

5 exceed $108,575,000 which shall be the maximum amount 

6 available for grants to States under section 23(g) of the Oc7 cupational Safety and Health Act (the ‘‘Act’’), which grants 

8 shall be no less than 50 percent of the costs of State occupa9 tional safety and health programs required to be incurred 

10 under plans approved by the Secretary under section 18 

11 of the Act; and, in addition, notwithstanding 31 U.S.C. 

12 3302, the Occupational Safety and Health Administration 

13 may retain up to $499,000 per fiscal year of training insti14 tute course tuition and fees, otherwise authorized by law 

15 to be collected, and may utilize such sums for occupational 

16 safety and health training and education: Provided, That 

17 notwithstanding 31 U.S.C. 3302, the Secretary is author18 ized, during the fiscal year ending September 30, 2020, to 

19 collect and retain fees for services provided to Nationally 

20 Recognized Testing Laboratories, and may utilize such 

21 sums, in accordance with the provisions of 29 U.S.C. 9a, 

22 to administer national and international laboratory rec23 ognition programs that ensure the safety of equipment and 

24 products used by workers in the workplace: Provided fur25 ther, That none of the funds appropriated under this para-
29 

•HR 1865 EAH 

1 graph shall be obligated or expended to prescribe, issue, ad2 minister, or enforce any standard, rule, regulation, or order 

3 under the Act which is applicable to any person who is en4 gaged in a farming operation which does not maintain a 

5 temporary labor camp and employs 10 or fewer employees: 

6 Provided further, That no funds appropriated under this 

7 paragraph shall be obligated or expended to administer or 

8 enforce any standard, rule, regulation, or order under the 

9 Act with respect to any employer of 10 or fewer employees 

10 who is included within a category having a Days Away, 

11 Restricted, or Transferred (‘‘DART’’) occupational injury 

12 and illness rate, at the most precise industrial classification 

13 code for which such data are published, less than the na14 tional average rate as such rates are most recently published 

15 by the Secretary, acting through the Bureau of Labor Sta16 tistics, in accordance with section 24 of the Act, except— 

17 (1) to provide, as authorized by the Act, con18 sultation, technical assistance, educational and train19 ing services, and to conduct surveys and studies; 

20 (2) to conduct an inspection or investigation in 

21 response to an employee complaint, to issue a citation 

22 for violations found during such inspection, and to 

23 assess a penalty for violations which are not corrected 

24 within a reasonable abatement period and for any 

25 willful violations found; 
30 

•HR 1865 EAH 

1 (3) to take any action authorized by the Act with 

2 respect to imminent dangers; 

3 (4) to take any action authorized by the Act with 

4 respect to health hazards; 

5 (5) to take any action authorized by the Act with 

6 respect to a report of an employment accident which 

7 is fatal to one or more employees or which results in 

8 hospitalization of two or more employees, and to take 

9 any action pursuant to such investigation authorized 

10 by the Act; and 

11 (6) to take any action authorized by the Act with 

12 respect to complaints of discrimination against em13 ployees for exercising rights under the Act: 

14 Provided further, That the foregoing proviso shall not apply 

15 to any person who is engaged in a farming operation which 

16 does not maintain a temporary labor camp and employs 

17 10 or fewer employees: Provided further, That $11,537,000 

18 shall be available for Susan Harwood training grants, of 

19 which not less than $4,500,000 is for Susan Harwood 

20 Training Capacity Building Developmental grants, as de21 scribed in Funding Opportunity Number SHTG–FY–16– 

22 02 (referenced in the notice of availability of funds pub23 lished in the Federal Register on May 3, 2016 (81 Fed. Reg. 

24 30568)) for program activities starting not later than Sep25 tember 30, 2020 and lasting for a period of 12 months: Pro-
31 

•HR 1865 EAH 

1 vided further, That not less than $3,500,000 shall be for 

2 Voluntary Protection Programs. 

3 MINE SAFETY AND HEALTH ADMINISTRATION

4 SALARIES AND EXPENSES

5 For necessary expenses for the Mine Safety and Health 

6 Administration, $379,816,000, including purchase and be7 stowal of certificates and trophies in connection with mine 

8 rescue and first-aid work, and the hire of passenger motor 

9 vehicles, including up to $2,000,000 for mine rescue and 

10 recovery activities and not less than $10,537,000 for State 

11 assistance grants: Provided, That notwithstanding 31 

12 U.S.C. 3302, not to exceed $750,000 may be collected by 

13 the National Mine Health and Safety Academy for room, 

14 board, tuition, and the sale of training materials, otherwise 

15 authorized by law to be collected, to be available for mine 

16 safety and health education and training activities: Pro17 vided further, That notwithstanding 31 U.S.C. 3302, the 

18 Mine Safety and Health Administration is authorized to 

19 collect and retain up to $2,499,000 from fees collected for 

20 the approval and certification of equipment, materials, and 

21 explosives for use in mines, and may utilize such sums for 

22 such activities: Provided further, That the Secretary is au23 thorized to accept lands, buildings, equipment, and other 

24 contributions from public and private sources and to pros25 ecute projects in cooperation with other agencies, Federal, 
32 

•HR 1865 EAH 

1 State, or private: Provided further, That the Mine Safety 

2 and Health Administration is authorized to promote health 

3 and safety education and training in the mining commu4 nity through cooperative programs with States, industry, 

5 and safety associations: Provided further, That the Sec6 retary is authorized to recognize the Joseph A. Holmes Safe7 ty Association as a principal safety association and, not8 withstanding any other provision of law, may provide 

9 funds and, with or without reimbursement, personnel, in10 cluding service of Mine Safety and Health Administration 

11 officials as officers in local chapters or in the national orga12 nization: Provided further, That any funds available to the 

13 Department of Labor may be used, with the approval of 

14 the Secretary, to provide for the costs of mine rescue and 

15 survival operations in the event of a major disaster. 

16 BUREAU OF LABOR STATISTICS

17 SALARIES AND EXPENSES

18 For necessary expenses for the Bureau of Labor Statis19 tics, including advances or reimbursements to State, Fed20 eral, and local agencies and their employees for services ren21 dered, $587,000,000, together with not to exceed $68,000,000 

22 which may be expended from the Employment Security Ad23 ministration account in the Unemployment Trust Fund. 

24 Within this amount, $27,000,000 to remain available 

25 until September 30, 2024, for costs associated with the phys-
33 

•HR 1865 EAH 

1 ical move of the Bureau of Labor Statistics’ headquarters, 

2 including replication of space, furniture, fixtures, equip3 ment, and related costs, as well as relocation of the data 

4 center to a shared facility. 

5 OFFICE OF DISABILITY EMPLOYMENT POLICY

6 SALARIES AND EXPENSES

7 For necessary expenses for the Office of Disability Em8 ployment Policy to provide leadership, develop policy and 

9 initiatives, and award grants furthering the objective of 

10 eliminating barriers to the training and employment of 

11 people with disabilities, $38,500,000. 

12 DEPARTMENTAL MANAGEMENT

13 SALARIES AND EXPENSES

14 (INCLUDING TRANSFER OF FUNDS)

15 For necessary expenses for Departmental Management, 

16 including the hire of three passenger motor vehicles, 

17 $348,056,000, together with not to exceed $308,000, which 

18 may be expended from the Employment Security Adminis19 tration account in the Unemployment Trust Fund: Pro20 vided, That $67,325,000 for the Bureau of International 

21 Labor Affairs shall be available for obligation through De22 cember 31, 2020: Provided further, That funds available to 

23 the Bureau of International Labor Affairs may be used to 

24 administer or operate international labor activities, bilat25 eral and multilateral technical assistance, and micro-
34 

•HR 1865 EAH 

1 finance programs, by or through contracts, grants, sub2 grants and other arrangements: Provided further, That not 

3 more than $53,825,000 shall be for programs to combat ex4 ploitative child labor internationally and not less than 

5 $13,500,000 shall be used to implement model programs 

6 that address worker rights issues through technical assist7 ance in countries with which the United States has free 

8 trade agreements or trade preference programs: Provided 

9 further, That $8,040,000 shall be used for program evalua10 tion and shall be available for obligation through September 

11 30, 2021: Provided further, That funds available for pro12 gram evaluation may be used to administer grants for the 

13 purpose of evaluation: Provided further, That grants made 

14 for the purpose of evaluation shall be awarded through fair 

15 and open competition: Provided further, That funds avail16 able for program evaluation may be transferred to any 

17 other appropriate account in the Department for such pur18 pose: Provided further, That the Committees on Appropria19 tions of the House of Representatives and the Senate are 

20 notified at least 15 days in advance of any transfer: Pro21 vided further, That the funds available to the Women’s Bu22 reau may be used for grants to serve and promote the inter23 ests of women in the workforce: Provided further, That of 

24 the amounts made available to the Women’s Bureau, not 

25 less than $1,294,000 shall be used for grants authorized by 
35 

•HR 1865 EAH 

1 the Women in Apprenticeship and Nontraditional Occupa2 tions Act. 

3 VETERANS EMPLOYMENT AND TRAINING

4 Not to exceed $256,341,000 may be derived from the 

5 Employment Security Administration account in the Un6 employment Trust Fund to carry out the provisions of 

7 chapters 41, 42, and 43 of title 38, United States Code, of 

8 which: 

9 (1) $180,000,000 is for Jobs for Veterans State 

10 grants under 38 U.S.C. 4102A(b)(5) to support dis11 abled veterans’ outreach program specialists under 

12 section 4103A of such title and local veterans’ employ13 ment representatives under section 4104(b) of such 

14 title, and for the expenses described in section 

15 4102A(b)(5)(C), which shall be available for obliga16 tion by the States through December 31, 2020, and 

17 not to exceed 3 percent for the necessary Federal ex18 penditures for data systems and contract support to 

19 allow for the tracking of participant and performance 

20 information: Provided, That, in addition, such funds 

21 may be used to support such specialists and rep22 resentatives in the provision of services to 

23 transitioning members of the Armed Forces who have 

24 participated in the Transition Assistance Program 

25 and have been identified as in need of intensive serv-
36 

•HR 1865 EAH 

1 ices, to members of the Armed Forces who are wound2 ed, ill, or injured and receiving treatment in military 

3 treatment facilities or warrior transition units, and 

4 to the spouses or other family caregivers of such 

5 wounded, ill, or injured members; 

6 (2) $29,379,000 is for carrying out the Transi7 tion Assistance Program under 38 U.S.C. 4113 and 

8 10 U.S.C. 1144; 

9 (3) $43,548,000 is for Federal administration of 

10 chapters 41, 42, and 43 of title 38, and sections 2021, 

11 2021A and 2023 of title 38, United States Code: Pro12 vided, That, up to $500,000 may be used to carry out 

13 the Hire VETS Act (division O of Public Law 115– 

14 31); and 

15 (4) $3,414,000 is for the National Veterans’ Em16 ployment and Training Services Institute under 38 

17 U.S.C. 4109: 

18 Provided, That the Secretary may reallocate among the ap19 propriations provided under paragraphs (1) through (4) 

20 above an amount not to exceed 3 percent of the appropria21 tion from which such reallocation is made. 

22 In addition, from the General Fund of the Treasury, 

23 $55,000,000 is for carrying out programs to assist homeless 

24 veterans and veterans at risk of homelessness who are 

25 transitioning from certain institutions under sections 2021, 
37 

•HR 1865 EAH 

1 2021A, and 2023 of title 38, United States Code: Provided, 

2 That notwithstanding subsections (c)(3) and (d) of section 

3 2023, the Secretary may award grants through September 

4 30, 2020, to provide services under such section: Provided 

5 further, That services provided under sections 2021 or 

6 under 2021A may include, in addition to services to home7 less veterans described in section 2002(a)(1), services to vet8 erans who were homeless at some point within the 60 days 

9 prior to program entry or veterans who are at risk of home10 lessness within the next 60 days, and that services provided 

11 under section 2023 may include, in addition to services to 

12 the individuals described in subsection (e) of such section, 

13 services to veterans recently released from incarceration who 

14 are at risk of homelessness: Provided further, That notwith15 standing paragraph (3) under this heading, funds appro16 priated in this paragraph may be used for data systems 

17 and contract support to allow for the tracking of partici18 pant and performance information: Provided further, That 

19 notwithstanding sections 2021(e)(2) and 2021A(f)(2) of title 

20 38, United States Code, such funds shall be available for 

21 expenditure pursuant to 31 U.S.C. 1553. 

22 In addition, fees may be assessed and deposited in the 

23 HIRE Vets Medallion Award Fund pursuant to section 5(b) 

24 of the HIRE Vets Act, and such amounts shall be available 

25 to the Secretary to carry out the HIRE Vets Medallion 
38 

•HR 1865 EAH 

1 Award Program, as authorized by such Act, and shall re2 main available until expended: Provided, That such sums 

3 shall be in addition to any other funds available for such 

4 purposes, including funds available under paragraph (3) 

5 of this heading: Provided further, That section 2(d) of divi6 sion O of the Consolidated Appropriations Act, 2017 (Pub7 lic Law 115–31; 38 U.S.C. 4100 note) shall not apply. 

8 IT MODERNIZATION

9 For necessary expenses for Department of Labor cen10 tralized infrastructure technology investment activities re11 lated to support systems and modernization, $25,269,000, 

12 which shall be available through September 30, 2021. 

13 OFFICE OF INSPECTOR GENERAL

14 For salaries and expenses of the Office of Inspector 

15 General in carrying out the provisions of the Inspector Gen16 eral Act of 1978, $85,187,000, together with not to exceed 

17 $5,660,000 which may be expended from the Employment 

18 Security Administration account in the Unemployment 

19 Trust Fund. 

20 GENERAL PROVISIONS

21 SEC. 101. None of the funds appropriated by this Act 

22 for the Job Corps shall be used to pay the salary and bo23 nuses of an individual, either as direct costs or any prora24 tion as an indirect cost, at a rate in excess of Executive 

25 Level II. 
39 

•HR 1865 EAH 

1 (TRANSFER OF FUNDS)

2 SEC. 102. Not to exceed 1 percent of any discretionary 

3 funds (pursuant to the Balanced Budget and Emergency 

4 Deficit Control Act of 1985) which are appropriated for the 

5 current fiscal year for the Department of Labor in this Act 

6 may be transferred between a program, project, or activity, 

7 but no such program, project, or activity shall be increased 

8 by more than 3 percent by any such transfer: Provided, 

9 That the transfer authority granted by this section shall not 

10 be used to create any new program or to fund any project 

11 or activity for which no funds are provided in this Act: 

12 Provided further, That the Committees on Appropriations 

13 of the House of Representatives and the Senate are notified 

14 at least 15 days in advance of any transfer. 

15 SEC. 103. In accordance with Executive Order 13126, 

16 none of the funds appropriated or otherwise made available 

17 pursuant to this Act shall be obligated or expended for the 

18 procurement of goods mined, produced, manufactured, or 

19 harvested or services rendered, in whole or in part, by forced 

20 or indentured child labor in industries and host countries 

21 already identified by the United States Department of 

22 Labor prior to enactment of this Act. 

23 SEC. 104. Except as otherwise provided in this section, 

24 none of the funds made available to the Department of 

25 Labor for grants under section 414(c) of the American Com-
40 

•HR 1865 EAH 

1 petitiveness and Workforce Improvement Act of 1998 (29 

2 U.S.C. 2916a) may be used for any purpose other than com3 petitive grants for training individuals who are older than 

4 16 years of age and are not currently enrolled in school 

5 within a local educational agency in the occupations and 

6 industries for which employers are using H–1B visas to 

7 hire foreign workers, and the related activities necessary to 

8 support such training. 

9 SEC. 105. None of the funds made available by this 

10 Act under the heading ‘‘Employment and Training Admin11 istration’’ shall be used by a recipient or subrecipient of 

12 such funds to pay the salary and bonuses of an individual, 

13 either as direct costs or indirect costs, at a rate in excess 

14 of Executive Level II. This limitation shall not apply to 

15 vendors providing goods and services as defined in Office 

16 of Management and Budget Circular A–133. Where States 

17 are recipients of such funds, States may establish a lower 

18 limit for salaries and bonuses of those receiving salaries and 

19 bonuses from subrecipients of such funds, taking into ac20 count factors including the relative cost-of-living in the 

21 State, the compensation levels for comparable State or local 

22 government employees, and the size of the organizations 

23 that administer Federal programs involved including Em24 ployment and Training Administration programs. 
41 

•HR 1865 EAH 

1 (TRANSFER OF FUNDS)

2 SEC. 106. (a) Notwithstanding section 102, the Sec3 retary may transfer funds made available to the Employ4 ment and Training Administration by this Act, either di5 rectly or through a set-aside, for technical assistance serv6 ices to grantees to ‘‘Program Administration’’ when it is 

7 determined that those services will be more efficiently per8 formed by Federal employees: Provided, That this section 

9 shall not apply to section 171 of the WIOA. 

10 (b) Notwithstanding section 102, the Secretary may 

11 transfer not more than 0.5 percent of each discretionary ap12 propriation made available to the Employment and Train13 ing Administration by this Act to ‘‘Program Administra14 tion’’ in order to carry out program integrity activities re15 lating to any of the programs or activities that are funded 

16 under any such discretionary appropriations: Provided, 

17 That notwithstanding section 102 and the preceding pro18 viso, the Secretary may transfer not more than 0.5 percent 

19 of funds made available in paragraphs (1) and (2) of the 

20 ‘‘Office of Job Corps’’ account to paragraph (3) of such ac21 count to carry out program integrity activities related to 

22 the Job Corps program: Provided further, That funds trans23 ferred under the authority provided by this subsection shall 

24 be available for obligation through September 30, 2021. 
42 

•HR 1865 EAH 

1 (TRANSFER OF FUNDS)

2 SEC. 107. (a) The Secretary may reserve not more 

3 than 0.75 percent from each appropriation made available 

4 in this Act identified in subsection (b) in order to carry 

5 out evaluations of any of the programs or activities that 

6 are funded under such accounts. Any funds reserved under 

7 this section shall be transferred to ‘‘Departmental Manage8 ment’’ for use by the Office of the Chief Evaluation Officer 

9 within the Department of Labor, and shall be available for 

10 obligation through September 30, 2021: Provided, That such 

11 funds shall only be available if the Chief Evaluation Officer 

12 of the Department of Labor submits a plan to the Commit13 tees on Appropriations of the House of Representatives and 

14 the Senate describing the evaluations to be carried out 15 

15 days in advance of any transfer. 

16 (b) The accounts referred to in subsection (a) are: 

17 ‘‘Training and Employment Services’’, ‘‘Job Corps’’, ‘‘Com18 munity Service Employment for Older Americans’’, ‘‘State 

19 Unemployment Insurance and Employment Service Oper20 ations’’, ‘‘Employee Benefits Security Administration’’, 

21 ‘‘Office of Workers’ Compensation Programs’’, ‘‘Wage and 

22 Hour Division’’, ‘‘Office of Federal Contract Compliance 

23 Programs’’, ‘‘Office of Labor Management Standards’’, ‘‘Oc24 cupational Safety and Health Administration’’, ‘‘Mine 

25 Safety and Health Administration’’, ‘‘Office of Disability 
43 

•HR 1865 EAH 

1 Employment Policy’’, funding made available to the ‘‘Bu2 reau of International Labor Affairs’’ and ‘‘Women’s Bu3 reau’’ within the ‘‘Departmental Management, Salaries and 

4 Expenses’’ account, and ‘‘Veterans Employment and Train5 ing’’. 

6 SEC. 108. (a) Section 7 of the Fair Labor Standards 

7 Act of 1938 (29 U.S.C. 207) shall be applied as if the fol8 lowing text is part of such section: 

9 ‘‘(s)(1) The provisions of this section shall not apply 

10 for a period of 2 years after the occurrence of a major dis11 aster to any employee— 

12 ‘‘(A) employed to adjust or evaluate claims re13 sulting from or relating to such major disaster, by an 

14 employer not engaged, directly or through an affiliate, 

15 in underwriting, selling, or marketing property, cas16 ualty, or liability insurance policies or contracts; 

17 ‘‘(B) who receives from such employer on average 

18 weekly compensation of not less than $591.00 per 

19 week or any minimum weekly amount established by 

20 the Secretary, whichever is greater, for the number of 

21 weeks such employee is engaged in any of the activi22 ties described in subparagraph (C); and 

23 ‘‘(C) whose duties include any of the following: 

24 ‘‘(i) interviewing insured individuals, indi25 viduals who suffered injuries or other damages or 
44 

•HR 1865 EAH 

1 losses arising from or relating to a disaster, wit2 nesses, or physicians; 

3 ‘‘(ii) inspecting property damage or review4 ing factual information to prepare damage esti5 mates; 

6 ‘‘(iii) evaluating and making recommenda7 tions regarding coverage or compensability of 

8 claims or determining liability or value aspects 

9 of claims; 

10 ‘‘(iv) negotiating settlements; or 

11 ‘‘(v) making recommendations regarding 

12 litigation. 

13 ‘‘(2) The exemption in this subsection shall not affect 

14 the exemption provided by section 13(a)(1). 

15 ‘‘(3) For purposes of this subsection— 

16 ‘‘(A) the term ‘major disaster’ means any dis17 aster or catastrophe declared or designated by any 

18 State or Federal agency or department; 

19 ‘‘(B) the term ‘employee employed to adjust or 

20 evaluate claims resulting from or relating to such 

21 major disaster’ means an individual who timely se22 cured or secures a license required by applicable law 

23 to engage in and perform the activities described in 

24 clauses (i) through (v) of paragraph (1)(C) relating to 

25 a major disaster, and is employed by an employer 
45 

•HR 1865 EAH 

1 that maintains worker compensation insurance cov2 erage or protection for its employees, if required by 

3 applicable law, and withholds applicable Federal, 

4 State, and local income and payroll taxes from the 

5 wages, salaries and any benefits of such employees; 

6 and 

7 ‘‘(C) the term ‘affiliate’ means a company that, 

8 by reason of ownership or control of 25 percent or 

9 more of the outstanding shares of any class of voting 

10 securities of one or more companies, directly or indi11 rectly, controls, is controlled by, or is under common 

12 control with, another company.’’. 

13 (b) This section shall be effective on the date of enact14 ment of this Act. 

15 SEC. 109. (a) FLEXIBILITY WITH RESPECT TO THE

16 CROSSING OF H–2B NONIMMIGRANTS WORKING IN THE

17 SEAFOOD INDUSTRY.— 

18 (1) IN GENERAL.—Subject to paragraph (2), if a 

19 petition for H–2B nonimmigrants filed by an em20 ployer in the seafood industry is granted, the em21 ployer may bring the nonimmigrants described in the 

22 petition into the United States at any time during 

23 the 120-day period beginning on the start date for 

24 which the employer is seeking the services of the non25 immigrants without filing another petition. 
46 

•HR 1865 EAH 

1 (2) REQUIREMENTS FOR CROSSINGS AFTER 90TH

2 DAY.—An employer in the seafood industry may not 

3 bring H–2B nonimmigrants into the United States 

4 after the date that is 90 days after the start date for 

5 which the employer is seeking the services of the non6 immigrants unless the employer— 

7 (A) completes a new assessment of the local 

8 labor market by— 

9 (i) listing job orders in local news10 papers on 2 separate Sundays; and 

11 (ii) posting the job opportunity on the 

12 appropriate Department of Labor Elec13 tronic Job Registry and at the employer’s 

14 place of employment; and 

15 (B) offers the job to an equally or better 

16 qualified United States worker who— 

17 (i) applies for the job; and 

18 (ii) will be available at the time and 

19 place of need. 

20 (3) EXEMPTION FROM RULES WITH RESPECT TO

21 STAGGERING.—The Secretary of Labor shall not con22 sider an employer in the seafood industry who brings 

23 H–2B nonimmigrants into the United States during 

24 the 120-day period specified in paragraph (1) to be 

25 staggering the date of need in violation of section 
47 

•HR 1865 EAH 

1 655.20(d) of title 20, Code of Federal Regulations, or 

2 any other applicable provision of law. 

3 (b) H–2B NONIMMIGRANTS DEFINED.—In this section, 

4 the term ‘‘H–2B nonimmigrants’’ means aliens admitted 

5 to the United States pursuant to section 

6 101(a)(15)(H)(ii)(B) of the Immigration and Nationality 

7 Act (8 U.S.C. 1101(a)(15)(H)(ii)(B)). 

8 SEC. 110. The determination of prevailing wage for 

9 the purposes of the H–2B program shall be the greater of— 

10 (1) the actual wage level paid by the employer to other em11 ployees with similar experience and qualifications for such 

12 position in the same location; or (2) the prevailing wage 

13 level for the occupational classification of the position in 

14 the geographic area in which the H–2B nonimmigrant will 

15 be employed, based on the best information available at the 

16 time of filing the petition. In the determination of pre17 vailing wage for the purposes of the H–2B program, the 

18 Secretary shall accept private wage surveys even in in19 stances where Occupational Employment Statistics survey 

20 data are available unless the Secretary determines that the 

21 methodology and data in the provided survey are not statis22 tically supported. 

23 SEC. 111. None of the funds in this Act shall be used 

24 to enforce the definition of corresponding employment found 

25 in 20 CFR 655.5 or the three-fourths guarantee rule defini-
48 

•HR 1865 EAH 

1 tion found in 20 CFR 655.20, or any references thereto. 

2 Further, for the purpose of regulating admission of tem3 porary workers under the H–2B program, the definition of 

4 temporary need shall be that provided in 8 CFR 

5 214.2(h)(6)(ii)(B). 

6 SEC. 112. Notwithstanding any other provision of law, 

7 the Secretary may furnish through grants, cooperative 

8 agreements, contracts, and other arrangements, up to 

9 $2,000,000 of excess personal property, at a value deter10 mined by the Secretary, to apprenticeship programs for the 

11 purpose of training apprentices in those programs. 

12 SEC. 113. (a) The Act entitled ‘‘An Act to create a 

13 Department of Labor’’, approved March 4, 1913 (37 Stat. 

14 736, chapter 141) shall be applied as if the following text 

15 is part of such Act: 

16 ‘‘SEC. 12. SECURITY DETAIL. 

17 ‘‘(a) IN GENERAL.—The Secretary of Labor is author18 ized to employ law enforcement officers or special agents 

19 to— 

20 ‘‘(1) provide protection for the Secretary of 

21 Labor during the workday of the Secretary and dur22 ing any activity that is preliminary or postliminary 

23 to the performance of official duties by the Secretary; 

24 ‘‘(2) provide protection, incidental to the protec25 tion provided to the Secretary, to a member of the im-
49 

•HR 1865 EAH 

1 mediate family of the Secretary who is participating 

2 in an activity or event relating to the official duties 

3 of the Secretary; 

4 ‘‘(3) provide continuous protection to the Sec5 retary (including during periods not described in 

6 paragraph (1)) and to the members of the immediate 

7 family of the Secretary if there is a unique and 

8 articulable threat of physical harm, in accordance 

9 with guidelines established by the Secretary; and 

10 ‘‘(4) provide protection to the Deputy Secretary 

11 of Labor or another senior officer representing the 

12 Secretary of Labor at a public event if there is a 

13 unique and articulable threat of physical harm, in 

14 accordance with guidelines established by the Sec15 retary. 

16 ‘‘(b) AUTHORITIES.—The Secretary of Labor may au17 thorize a law enforcement officer or special agent employed 

18 under subsection (a), for the purpose of performing the du19 ties authorized under subsection (a), to— 

20 ‘‘(1) carry firearms; 

21 ‘‘(2) make arrests without a warrant for any of22 fense against the United States committed in the 

23 presence of such officer or special agent; 

24 ‘‘(3) perform protective intelligence work, includ25 ing identifying and mitigating potential threats and 
50 

•HR 1865 EAH 

1 conducting advance work to review security matters 

2 relating to sites and events; 

3 ‘‘(4) coordinate with local law enforcement agen4 cies; and 

5 ‘‘(5) initiate criminal and other investigations 

6 into potential threats to the security of the Secretary, 

7 in coordination with the Inspector General of the De8 partment of Labor. 

9 ‘‘(c) COMPLIANCE WITH GUIDELINES.—A law enforce10 ment officer or special agent employed under subsection (a) 

11 shall exercise any authority provided under this section in 

12 accordance with any— 

13 ‘‘(1) guidelines issued by the Attorney General; 

14 and 

15 ‘‘(2) guidelines prescribed by the Secretary of 

16 Labor.’’. 

17 (b) This section shall be effective on the date of enact18 ment of this Act. 

19 SEC. 114. The Secretary is authorized to dispose of or 

20 divest, by any means the Secretary determines appropriate, 

21 including an agreement or partnership to construct a new 

22 Job Corps center, all or a portion of the real property on 

23 which the Treasure Island Job Corps Center is situated. 

24 Any sale or other disposition will not be subject to any re25 quirement of any Federal law or regulation relating to the 
51 

•HR 1865 EAH 

1 disposition of Federal real property, including but not lim2 ited to subchapter III of chapter 5 of title 40 of the United 

3 States Code and subchapter V of chapter 119 of title 42 

4 of the United States Code. The net proceeds of such a sale 

5 shall be transferred to the Secretary, which shall be avail6 able until expended to carry out the Job Corps Program 

7 on Treasure Island. 

8 (RESCISSION)

9 SEC. 115. Of the unobligated funds available under 

10 section 286(s)(2) of the Immigration and Nationality Act 

11 (8 U.S.C. 1356(s)(2)), $150,000,000 are hereby rescinded. 

12 SEC. 116. Funds made available in prior Acts under 

13 the heading ‘‘Department of Labor—Employment and 

14 Training Administration—State Unemployment Insurance 

15 and Employment Service Operations’’ for fiscal years 2015 

16 through 2019 for automation acquisitions that are being 

17 carried out through consortia of States shall be available 

18 for expenditure for 6 fiscal years after the final fiscal year 

19 that such funds are available to incur new obligations. 

20 SEC. 117. None of the funds made available by this 

21 Act may be used to— 

22 (1) alter or terminate the Interagency Agreement 

23 between the United States Department of Labor and 

24 the United States Department of Agriculture; or 
52 

•HR 1865 EAH 

1 (2) close any of the Civilian Conservation Cen2 ters, except if such closure is necessary to prevent the 

3 endangerment of the health and safety of the students, 

4 the capacity of the program is retained, and the re5 quirements of section 159(j) of the Workforce Innova6 tion and Opportunity Act are met. 

7 This title may be cited as the ‘‘Department of Labor 

8 Appropriations Act, 2020’’. 

9 TITLE II 

10 DEPARTMENT OF HEALTH AND HUMAN 

11 SERVICES 

12 HEALTH RESOURCES AND SERVICES ADMINISTRATION

13 PRIMARY HEALTH CARE

14 For carrying out titles II and III of the Public Health 

15 Service Act (referred to in this Act as the ‘‘PHS Act’’) with 

16 respect to primary health care and the Native Hawaiian 

17 Health Care Act of 1988, $1,626,522,000: Provided, That 

18 no more than $1,000,000 shall be available until expended 

19 for carrying out the provisions of section 224(o) of the PHS 

20 Act: Provided further, That no more than $120,000,000 

21 shall be available until expended for carrying out sub22 sections (g) through (n) and (q) of section 224 of the PHS 

23 Act, and for expenses incurred by the Department of Health 

24 and Human Services (referred to in this Act as ‘‘HHS’’) 

25 pertaining to administrative claims made under such law. 
53 

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1 HEALTH WORKFORCE

2 For carrying out titles III, VII, and VIII of the PHS 

3 Act with respect to the health workforce, sections 1128E and 

4 1921 of the Social Security Act, and the Health Care Qual5 ity Improvement Act of 1986, $1,194,506,000, of which 

6 $138,916,000 shall remain available through September 30, 

7 2021 to carry out sections 750, 755, 756, 760, 781, and 

8 791 of the PHS Act: Provided, That sections 751(j)(2) and 

9 762(k) of the PHS Act and the proportional funding 

10 amounts in paragraphs (1) through (4) of section 756(f) 

11 of the PHS Act shall not apply to funds made available 

12 under this heading: Provided further, That for any program 

13 operating under section 751 of the PHS Act on or before 

14 January 1, 2009, the Secretary of Health and Human Serv15 ices (referred to in this title as the ‘‘Secretary’’) may here16 after waive any of the requirements contained in sections 

17 751(d)(2)(A) and 751(d)(2)(B) of such Act for the full 

18 project period of a grant under such section: Provided fur19 ther, That no funds shall be available for section 340G–1 

20 of the PHS Act: Provided further, That fees collected for 

21 the disclosure of information under section 427(b) of the 

22 Health Care Quality Improvement Act of 1986 and sections 

23 1128E(d)(2) and 1921 of the Social Security Act shall be 

24 sufficient to recover the full costs of operating the programs 

25 authorized by such sections and shall remain available until 
54 

•HR 1865 EAH 

1 expended for the National Practitioner Data Bank: Pro2 vided further, That funds transferred to this account to 

3 carry out section 846 and subpart 3 of part D of title III 

4 of the PHS Act may be used to make prior year adjustments 

5 to awards made under such section and subpart: Provided 

6 further, That $120,000,000 shall remain available until ex7 pended for the purposes of providing primary health serv8 ices, assigning National Health Service Corps (‘‘NHSC’’) 

9 members to expand the delivery of substance use disorder 

10 treatment services, notwithstanding the assignment prior11 ities and limitations under sections 333(a)(1)(D), 333(b), 

12 and 333A(a)(1)(B)(ii) of the PHS Act, and making pay13 ments under the NHSC Loan Repayment Program under 

14 section 338B of such Act: Provided further, That, within 

15 the amount made available in the previous proviso, 

16 $15,000,000 shall remain available until expended for the 

17 purposes of making payments under the NHSC Loan Re18 payment Program under section 338B of the PHS Act to 

19 individuals participating in such program who provide 

20 primary health services in Indian Health Service facilities, 

21 Tribally-Operated 638 Health Programs, and Urban In22 dian Health Programs (as those terms are defined by the 

23 Secretary), notwithstanding the assignment priorities and 

24 limitations under section 333(b) of such Act: Provided fur25 ther, That for purposes of the previous two provisos, section 
55 

•HR 1865 EAH 

1 331(a)(3)(D) of the PHS Act shall be applied as if the term 

2 ‘‘primary health services’’ includes clinical substance use 

3 disorder treatment services, including those provided by 

4 masters level, licensed substance use disorder treatment 

5 counselors: Provided further, That of the funds made avail6 able under this heading, $5,000,000 shall be available to 

7 make grants to establish or expand optional community8 based nurse practitioner fellowship programs that are ac9 credited or in the accreditation process, with a preference 

10 for those in Federally Qualified Health Centers, for prac11 ticing postgraduate nurse practitioners in primary care or 

12 behavioral health. 

13 Of the funds made available under this heading, 

14 $50,000,000 shall remain available until expended for 

15 grants to public institutions of higher education to expand 

16 or support graduate education for physicians provided by 

17 such institutions: Provided, That, in awarding such grants, 

18 the Secretary shall give priority to public institutions of 

19 higher education located in States with a projected primary 

20 care provider shortage in 2025, as determined by the Sec21 retary: Provided further, That grants so awarded are lim22 ited to such public institutions of higher education in States 

23 in the top quintile of States with a projected primary care 

24 provider shortage in 2025, as determined by the Secretary: 

25 Provided further, That the minimum amount of a grant 
56 

•HR 1865 EAH 

1 so awarded to such an institution shall be not less than 

2 $1,000,000 per year: Provided further, That such a grant 

3 may be awarded for a period not to exceed 5 years: Provided 

4 further, That such a grant awarded with respect to a year 

5 to such an institution shall be subject to a matching require6 ment of non-Federal funds in an amount that is not less 

7 than 10 percent of the total amount of Federal funds pro8 vided in the grant to such institution with respect to such 

9 year. 

10 MATERNAL AND CHILD HEALTH

11 For carrying out titles III, XI, XII, and XIX of the 

12 PHS Act with respect to maternal and child health and 

13 title V of the Social Security Act, $943,784,000: Provided, 

14 That notwithstanding sections 502(a)(1) and 502(b)(1) of 

15 the Social Security Act, not more than $119,116,000 shall 

16 be available for carrying out special projects of regional and 

17 national significance pursuant to section 501(a)(2) of such 

18 Act and $10,276,000 shall be available for projects described 

19 in subparagraphs (A) through (F) of section 501(a)(3) of 

20 such Act. 

21 RYAN WHITE HIV/AIDS PROGRAM

22 For carrying out title XXVI of the PHS Act with re23 spect to the Ryan White HIV/AIDS program, 

24 $2,388,781,000, of which $1,970,881,000 shall remain 

25 available to the Secretary through September 30, 2022, for 
57 

•HR 1865 EAH 

1 parts A and B of title XXVI of the PHS Act, and of which 

2 not less than $900,313,000 shall be for State AIDS Drug 

3 Assistance Programs under the authority of section 2616 

4 or 311(c) of such Act; and of which $70,000,000, to remain 

5 available until expended, shall be available to the Secretary 

6 for carrying out a program of grants and contracts under 

7 title XXVI or section 311(c) of such Act focused on ending 

8 the nationwide HIV/AIDS epidemic, with any grants 

9 issued under such section 311(c) administered in conjunc10 tion with title XXVI of the PHS Act, including the limita11 tion on administrative expenses. 

12 HEALTH CARE SYSTEMS

13 For carrying out titles III and XII of the PHS Act 

14 with respect to health care systems, and the Stem Cell 

15 Therapeutic and Research Act of 2005, $123,593,000, of 

16 which $122,000 shall be available until expended for facili17 ties renovations at the Gillis W. Long Hansen’s Disease 

18 Center. 

19 RURAL HEALTH

20 For carrying out titles III and IV of the PHS Act with 

21 respect to rural health, section 427(a) of the Federal Coal 

22 Mine Health and Safety Act of 1969, and sections 711 and 

23 1820 of the Social Security Act, $318,294,000, of which 

24 $53,609,000 from general revenues, notwithstanding section 

25 1820(j) of the Social Security Act, shall be available for 
58 

•HR 1865 EAH 

1 carrying out the Medicare rural hospital flexibility grants 

2 program: Provided, That of the funds made available under 

3 this heading for Medicare rural hospital flexibility grants, 

4 $19,942,000 shall be available for the Small Rural Hospital 

5 Improvement Grant Program for quality improvement and 

6 adoption of health information technology and up to 

7 $1,000,000 shall be to carry out section 1820(g)(6) of the 

8 Social Security Act, with funds provided for grants under 

9 section 1820(g)(6) available for the purchase and imple10 mentation of telehealth services, including pilots and dem11 onstrations on the use of electronic health records to coordi12 nate rural veterans care between rural providers and the 

13 Department of Veterans Affairs electronic health record sys14 tem: Provided further, That notwithstanding section 

15 338J(k) of the PHS Act, $12,500,000 shall be available for 

16 State Offices of Rural Health: Provided further, That 

17 $10,000,000 shall remain available through September 30, 

18 2022, to support the Rural Residency Development Pro19 gram: Provided further, That $110,000,000 shall be for the 

20 Rural Communities Opioids Response Program. 

21 FAMILY PLANNING

22 For carrying out the program under title X of the PHS 

23 Act to provide for voluntary family planning projects, 

24 $286,479,000: Provided, That amounts provided to said 

25 projects under such title shall not be expended for abortions, 
59 

•HR 1865 EAH 

1 that all pregnancy counseling shall be nondirective, and 

2 that such amounts shall not be expended for any activity 

3 (including the publication or distribution of literature) that 

4 in any way tends to promote public support or opposition 

5 to any legislative proposal or candidate for public office. 

6 PROGRAM MANAGEMENT

7 For program support in the Health Resources and 

8 Services Administration, $155,300,000: Provided, That 

9 funds made available under this heading may be used to 

10 supplement program support funding provided under the 

11 headings ‘‘Primary Health Care’’, ‘‘Health Workforce’’, 

12 ‘‘Maternal and Child Health’’, ‘‘Ryan White HIV/AIDS 

13 Program’’, ‘‘Health Care Systems’’, and ‘‘Rural Health’’. 

14 VACCINE INJURY COMPENSATION PROGRAM TRUST FUND

15 For payments from the Vaccine Injury Compensation 

16 Program Trust Fund (the ‘‘Trust Fund’’), such sums as 

17 may be necessary for claims associated with vaccine-related 

18 injury or death with respect to vaccines administered after 

19 September 30, 1988, pursuant to subtitle 2 of title XXI of 

20 the PHS Act, to remain available until expended: Provided, 

21 That for necessary administrative expenses, not to exceed 

22 $10,200,000 shall be available from the Trust Fund to the 

23 Secretary. 
60 

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1 CENTERS FOR DISEASE CONTROL AND PREVENTION

2 IMMUNIZATION AND RESPIRATORY DISEASES

3 For carrying out titles II, III, XVII, and XXI, and 

4 section 2821 of the PHS Act, titles II and IV of the Immi5 gration and Nationality Act, and section 501 of the Refugee 

6 Education Assistance Act, with respect to immunization 

7 and respiratory diseases, $433,105,000. 

8 HIV/AIDS, VIRAL HEPATITIS, SEXUALLY TRANSMITTED

9 DISEASES, AND TUBERCULOSIS PREVENTION

10 For carrying out titles II, III, XVII, and XXIII of the 

11 PHS Act with respect to HIV/AIDS, viral hepatitis, sexu12 ally transmitted diseases, and tuberculosis prevention, 

13 $1,273,556,000. 

14 EMERGING AND ZOONOTIC INFECTIOUS DISEASES

15 For carrying out titles II, III, and XVII, and section 

16 2821 of the PHS Act, titles II and IV of the Immigration 

17 and Nationality Act, and section 501 of the Refugee Edu18 cation Assistance Act, with respect to emerging and zoonotic 

19 infectious diseases, $570,372,000. 

20 CHRONIC DISEASE PREVENTION AND HEALTH PROMOTION

21 For carrying out titles II, III, XI, XV, XVII, and XIX 

22 of the PHS Act with respect to chronic disease prevention 

23 and health promotion, $984,964,000: Provided, That funds 

24 made available under this heading may be available for 

25 making grants under section 1509 of the PHS Act for not 
61 

•HR 1865 EAH 

1 less than 21 States, tribes, or tribal organizations: Provided 

2 further, That of the funds made available under this head3 ing, $15,000,000 shall be available to continue and expand 

4 community specific extension and outreach programs to 

5 combat obesity in counties with the highest levels of obesity: 

6 Provided further, That the proportional funding require7 ments under section 1503(a) of the PHS Act shall not apply 

8 to funds made available under this heading. 

9 BIRTH DEFECTS, DEVELOPMENTAL DISABILITIES, 

10 DISABILITIES AND HEALTH

11 For carrying out titles II, III, XI, and XVII of the 

12 PHS Act with respect to birth defects, developmental dis13 abilities, disabilities and health, $160,810,000. 

14 PUBLIC HEALTH SCIENTIFIC SERVICES

15 For carrying out titles II, III, and XVII of the PHS 

16 Act with respect to health statistics, surveillance, health 

17 informatics, and workforce development, $555,497,000. 

18 ENVIRONMENTAL HEALTH

19 For carrying out titles II, III, and XVII of the PHS 

20 Act with respect to environmental health, $196,850,000. 

21 INJURY PREVENTION AND CONTROL

22 For carrying out titles II, III, and XVII of the PHS 

23 Act with respect to injury prevention and control, 

24 $677,379,000. 
62 

•HR 1865 EAH 

1 NATIONAL INSTITUTE FOR OCCUPATIONAL SAFETY AND

2 HEALTH

3 For carrying out titles II, III, and XVII of the PHS 

4 Act, sections 101, 102, 103, 201, 202, 203, 301, and 501 

5 of the Federal Mine Safety and Health Act, section 13 of 

6 the Mine Improvement and New Emergency Response Act, 

7 and sections 20, 21, and 22 of the Occupational Safety and 

8 Health Act, with respect to occupational safety and health, 

9 $342,800,000. 

10 ENERGY EMPLOYEES OCCUPATIONAL ILLNESS

11 COMPENSATION PROGRAM

12 For necessary expenses to administer the Energy Em13 ployees Occupational Illness Compensation Program Act, 

14 $55,358,000, to remain available until expended: Provided, 

15 That this amount shall be available consistent with the pro16 vision regarding administrative expenses in section 151(b) 

17 of division B, title I of Public Law 106–554. 

18 GLOBAL HEALTH

19 For carrying out titles II, III, and XVII of the PHS 

20 Act with respect to global health, $570,843,000, of which: 

21 (1) $128,421,000 shall remain available through September 

22 30, 2021 for international HIV/AIDS; and (2) 

23 $173,400,000 shall remain available through September 30, 

24 2022 for global disease detection and emergency response: 
63 

•HR 1865 EAH 

1 Provided, That funds may be used for purchase and insur2 ance of official motor vehicles in foreign countries. 

3 PUBLIC HEALTH PREPAREDNESS AND RESPONSE

4 For carrying out titles II, III, and XVII of the PHS 

5 Act with respect to public health preparedness and response, 

6 and for expenses necessary to support activities related to 

7 countering potential biological, nuclear, radiological, and 

8 chemical threats to civilian populations, $850,200,000: Pro9 vided, That the Director of the Centers for Disease Control 

10 and Prevention (referred to in this title as ‘‘CDC’’) or the 

11 Administrator of the Agency for Toxic Substances and Dis12 ease Registry may detail staff without reimbursement for 

13 up to 180 days to support an activation of the CDC Emer14 gency Operations Center, so long as the Director or Admin15 istrator, as applicable, provides a notice to the Committees 

16 on Appropriations of the House of Representatives and the 

17 Senate within 15 days of the use of this authority and a 

18 full report within 30 days after use of this authority which 

19 includes the number of staff and funding level broken down 

20 by the originating center and number of days detailed: Pro21 vided further, That funds appropriated under this heading 

22 may be used to support a contract for the operation and 

23 maintenance of an aircraft in direct support of activities 

24 throughout CDC to ensure the agency is prepared to address 

25 public health preparedness emergencies. 
64 

•HR 1865 EAH 

1 BUILDINGS AND FACILITIES

2 (INCLUDING TRANSFER OF FUNDS)

3 For acquisition of real property, equipment, construc4 tion, installation, demolition, and renovation of facilities, 

5 $25,000,000, which shall remain available until September 

6 30, 2024: Provided, That funds made available to this ac7 count in this or any prior Act that are available for the 

8 acquisition of real property or for construction or improve9 ment of facilities shall be available to make improvements 

10 on non-federally owned property, provided that any im11 provements that are not adjacent to federally owned prop12 erty do not exceed $2,500,000, and that the primary benefit 

13 of such improvements accrues to CDC: Provided further, 

14 That funds previously set-aside by CDC for repair and up15 grade of the Lake Lynn Experimental Mine and Laboratory 

16 shall be used to acquire a replacement mine safety research 

17 facility: Provided further, That in addition, the prior year 

18 unobligated balance of any amounts assigned to former em19 ployees in accounts of CDC made available for Individual 

20 Learning Accounts shall be credited to and merged with the 

21 amounts made available under this heading to support the 

22 replacement of the mine safety research facility. 
65 

•HR 1865 EAH 

1 CDC-WIDE ACTIVITIES AND PROGRAM SUPPORT

2 (INCLUDING TRANSFER OF FUNDS)

3 For carrying out titles II, III, XVII and XIX, and 

4 section 2821 of the PHS Act and for cross-cutting activities 

5 and program support for activities funded in other appro6 priations included in this Act for the Centers for Disease 

7 Control and Prevention, $198,570,000, of which up to 

8 $5,000,000 may be transferred to the reserve of the Working 

9 Capital Fund authorized under this heading in division F 

10 of Public Law 112–74: Provided, That paragraphs (1) 

11 through (3) of subsection (b) of section 2821 of the PHS 

12 Act shall not apply to funds appropriated under this head13 ing and in all other accounts of the CDC: Provided further, 

14 That employees of CDC or the Public Health Service, both 

15 civilian and commissioned officers, detailed to States, mu16 nicipalities, or other organizations under authority of sec17 tion 214 of the PHS Act, or in overseas assignments, shall 

18 be treated as non-Federal employees for reporting purposes 

19 only and shall not be included within any personnel ceiling 

20 applicable to the Agency, Service, or HHS during the pe21 riod of detail or assignment: Provided further, That CDC 

22 may use up to $10,000 from amounts appropriated to CDC 

23 in this Act for official reception and representation expenses 

24 when specifically approved by the Director of CDC: Pro25 vided further, That in addition, such sums as may be de-
66 

•HR 1865 EAH 

1 rived from authorized user fees, which shall be credited to 

2 the appropriation charged with the cost thereof: Provided 

3 further, That with respect to the previous proviso, author4 ized user fees from the Vessel Sanitation Program and the 

5 Respirator Certification Program shall be available through 

6 September 30, 2021. 

7 NATIONAL INSTITUTES OF HEALTH

8 NATIONAL CANCER INSTITUTE

9 For carrying out section 301 and title IV of the PHS 

10 Act with respect to cancer, $6,245,442,000, of which up to 

11 $30,000,000 may be used for facilities repairs and improve12 ments at the National Cancer Institute—Frederick Feder13 ally Funded Research and Development Center in Fred14 erick, Maryland. 

15 NATIONAL HEART, LUNG, AND BLOOD INSTITUTE

16 For carrying out section 301 and title IV of the PHS 

17 Act with respect to cardiovascular, lung, and blood diseases, 

18 and blood and blood products, $3,624,258,000. 

19 NATIONAL INSTITUTE OF DENTAL AND CRANIOFACIAL

20 RESEARCH

21 For carrying out section 301 and title IV of the PHS 

22 Act with respect to dental and craniofacial diseases, 

23 $477,429,000. 
67 

•HR 1865 EAH 

1 NATIONAL INSTITUTE OF DIABETES AND DIGESTIVE AND

2 KIDNEY DISEASES

3 For carrying out section 301 and title IV of the PHS 

4 Act with respect to diabetes and digestive and kidney dis5 ease, $2,114,314,000. 

6 NATIONAL INSTITUTE OF NEUROLOGICAL DISORDERS AND

7 STROKE

8 For carrying out section 301 and title IV of the PHS 

9 Act with respect to neurological disorders and stroke, 

10 $2,374,687,000. 

11 NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS

12 DISEASES

13 For carrying out section 301 and title IV of the PHS 

14 Act with respect to allergy and infectious diseases, 

15 $5,885,470,000. 

16 NATIONAL INSTITUTE OF GENERAL MEDICAL SCIENCES

17 For carrying out section 301 and title IV of the PHS 

18 Act with respect to general medical sciences, 

19 $2,937,218,000, of which $1,230,821,000 shall be from funds 

20 available under section 241 of the PHS Act: Provided, That 

21 not less than $386,573,000 is provided for the Institutional 

22 Development Awards program. 
68 

•HR 1865 EAH 

1 EUNICE KENNEDY SHRIVER NATIONAL INSTITUTE OF CHILD

2 HEALTH AND HUMAN DEVELOPMENT

3 For carrying out section 301 and title IV of the PHS 

4 Act with respect to child health and human development, 

5 $1,556,879,000. 

6 NATIONAL EYE INSTITUTE

7 For carrying out section 301 and title IV of the PHS 

8 Act with respect to eye diseases and visual disorders, 

9 $824,090,000. 

10 NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH

11 SCIENCES

12 For carrying out section 301 and title IV of the PHS 

13 Act with respect to environmental health sciences, 

14 $802,598,000. 

15 NATIONAL INSTITUTE ON AGING

16 For carrying out section 301 and title IV of the PHS 

17 Act with respect to aging, $3,543,673,000. 

18 NATIONAL INSTITUTE OF ARTHRITIS AND

19 MUSCULOSKELETAL AND SKIN DISEASES

20 For carrying out section 301 and title IV of the PHS 

21 Act with respect to arthritis and musculoskeletal and skin 

22 diseases, $624,889,000. 
69 

•HR 1865 EAH 

1 NATIONAL INSTITUTE ON DEAFNESS AND OTHER

2 COMMUNICATION DISORDERS

3 For carrying out section 301 and title IV of the PHS 

4 Act with respect to deafness and other communication dis5 orders, $490,692,000. 

6 NATIONAL INSTITUTE OF NURSING RESEARCH

7 For carrying out section 301 and title IV of the PHS 

8 Act with respect to nursing research, $169,113,000. 

9 NATIONAL INSTITUTE ON ALCOHOL ABUSE AND

10 ALCOHOLISM

11 For carrying out section 301 and title IV of the PHS 

12 Act with respect to alcohol abuse and alcoholism, 

13 $545,373,000. 

14 NATIONAL INSTITUTE ON DRUG ABUSE

15 For carrying out section 301 and title IV of the PHS 

16 Act with respect to drug abuse, $1,462,016,000. 

17 NATIONAL INSTITUTE OF MENTAL HEALTH

18 For carrying out section 301 and title IV of the PHS 

19 Act with respect to mental health, $1,968,374,000. 

20 NATIONAL HUMAN GENOME RESEARCH INSTITUTE

21 For carrying out section 301 and title IV of the PHS 

22 Act with respect to human genome research, $606,349,000. 
70 

•HR 1865 EAH 

1 NATIONAL INSTITUTE OF BIOMEDICAL IMAGING AND

2 BIOENGINEERING

3 For carrying out section 301 and title IV of the PHS 

4 Act with respect to biomedical imaging and bioengineering 

5 research, $403,638,000. 

6 NATIONAL CENTER FOR COMPLEMENTARY AND

7 INTEGRATIVE HEALTH

8 For carrying out section 301 and title IV of the PHS 

9 Act with respect to complementary and integrative health, 

10 $151,740,000. 

11 NATIONAL INSTITUTE ON MINORITY HEALTH AND HEALTH

12 DISPARITIES

13 For carrying out section 301 and title IV of the PHS 

14 Act with respect to minority health and health disparities 

15 research, $335,812,000: Provided, That funds may be used 

16 to implement a reorganization that is presented to an advi17 sory council in a public meeting and for which the Commit18 tees on Appropriations of the House of Representatives and 

19 the Senate have been notified 30 days in advance. 

20 JOHN E. FOGARTY INTERNATIONAL CENTER

21 For carrying out the activities of the John E. Fogarty 

22 International Center (described in subpart 2 of part E of 

23 title IV of the PHS Act), $80,760,000. 
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•HR 1865 EAH 

1 NATIONAL LIBRARY OF MEDICINE

2 For carrying out section 301 and title IV of the PHS 

3 Act with respect to health information communications, 

4 $456,911,000: Provided, That of the amounts available for 

5 improvement of information systems, $4,000,000 shall be 

6 available until September 30, 2021: Provided further, That 

7 in fiscal year 2020, the National Library of Medicine may 

8 enter into personal services contracts for the provision of 

9 services in facilities owned, operated, or constructed under 

10 the jurisdiction of the National Institutes of Health (re11 ferred to in this title as ‘‘NIH’’). 

12 NATIONAL CENTER FOR ADVANCING TRANSLATIONAL

13 SCIENCES

14 For carrying out section 301 and title IV of the PHS 

15 Act with respect to translational sciences, $832,888,000: 

16 Provided, That up to $60,000,000 shall be available to im17 plement section 480 of the PHS Act, relating to the Cures 

18 Acceleration Network: Provided further, That at least 

19 $578,141,000 is provided to the Clinical and Translational 

20 Sciences Awards program. 

21 OFFICE OF THE DIRECTOR

22 (INCLUDING TRANSFER OF FUNDS)

23 For carrying out the responsibilities of the Office of 

24 the Director, NIH, $2,239,787,000: Provided, That funding 

25 shall be available for the purchase of not to exceed 29 pas-
72 

•HR 1865 EAH 

1 senger motor vehicles for replacement only: Provided fur2 ther, That all funds credited to the NIH Management Fund 

3 shall remain available for one fiscal year after the fiscal 

4 year in which they are deposited: Provided further, That 

5 $180,000,000 shall be for the Environmental Influences on 

6 Child Health Outcomes study: Provided further, That 

7 $626,511,000 shall be available for the Common Fund es8 tablished under section 402A(c)(1) of the PHS Act: Pro9 vided further, That of the funds provided, $10,000 shall be 

10 for official reception and representation expenses when spe11 cifically approved by the Director of the NIH: Provided fur12 ther, That the Office of AIDS Research within the Office 

13 of the Director of the NIH may spend up to $8,000,000 

14 to make grants for construction or renovation of facilities 

15 as provided for in section 2354(a)(5)(B) of the PHS Act: 

16 Provided further, That $50,000,000 shall be used to carry 

17 out section 404I of the PHS Act (42 U.S.C. 283K), relating 

18 to biomedical and behavioral research facilities: Provided 

19 further, That $5,000,000 shall be transferred to and merged 

20 with the appropriation for the ‘‘Office of Inspector General’’ 

21 for oversight of grant programs and operations of the NIH, 

22 including agency efforts to ensure the integrity of its grant 

23 application evaluation and selection processes, and shall be 

24 in addition to funds otherwise made available for oversight 

25 of the NIH: Provided further, That the funds provided in 
73 

•HR 1865 EAH 

1 the previous proviso may be transferred from one specified 

2 activity to another with 15 days prior approval of the Com3 mittees on Appropriations of the House of Representatives 

4 and the Senate: Provided further, That the Inspector Gen5 eral shall consult with the Committees on Appropriations 

6 of the House of Representatives and the Senate before sub7 mitting to the Committees an audit plan for fiscal years 

8 2020 and 2021 no later than 30 days after the date of enact9 ment of this Act: Provided further, That amounts available 

10 under this heading are also available to establish, operate, 

11 and support the Research Policy Board authorized by sec12 tion 2034(f) of the 21st Century Cures Act. 

13 In addition to other funds appropriated for the Com14 mon Fund established under section 402A(c) of the PHS 

15 Act, $12,600,000 is appropriated to the Common Fund 

16 from the 10-year Pediatric Research Initiative Fund de17 scribed in section 9008 of title 26, United States Code, for 

18 the purpose of carrying out section 402(b)(7)(B)(ii) of the 

19 PHS Act (relating to pediatric research), as authorized in 

20 the Gabriella Miller Kids First Research Act. 

21 BUILDINGS AND FACILITIES

22 For the study of, construction of, demolition of, renova23 tion of, and acquisition of equipment for, facilities of or 

24 used by NIH, including the acquisition of real property, 
74 

•HR 1865 EAH 

1 $200,000,000, to remain available through September 30, 

2 2024. 

3 NIH INNOVATION ACCOUNT, CURES ACT

4 (INCLUDING TRANSFER OF FUNDS)

5 For necessary expenses to carry out the purposes de6 scribed in section 1001(b)(4) of the 21st Century Cures Act, 

7 in addition to amounts available for such purposes in the 

8 appropriations provided to the NIH in this Act, 

9 $492,000,000, to remain available until expended: Pro10 vided, That such amounts are appropriated pursuant to 

11 section 1001(b)(3) of such Act, are to be derived from 

12 amounts transferred under section 1001(b)(2)(A) of such 

13 Act, and may be transferred by the Director of the National 

14 Institutes of Health to other accounts of the National Insti15 tutes of Health solely for the purposes provided in such Act: 

16 Provided further, That upon a determination by the Direc17 tor that funds transferred pursuant to the previous proviso 

18 are not necessary for the purposes provided, such amounts 

19 may be transferred back to the Account: Provided further, 

20 That the transfer authority provided under this heading is 

21 in addition to any other transfer authority provided by 

22 law. 
75 

•HR 1865 EAH 

1 SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

2 ADMINISTRATION

3 MENTAL HEALTH

4 For carrying out titles III, V, and XIX of the PHS 

5 Act with respect to mental health, and the Protection and 

6 Advocacy for Individuals with Mental Illness Act, 

7 $1,644,974,000: Provided, That of the funds made available 

8 under this heading, $68,887,000 shall be for the National 

9 Child Traumatic Stress Initiative: Provided further, That 

10 notwithstanding section 520A(f)(2) of the PHS Act, no 

11 funds appropriated for carrying out section 520A shall be 

12 available for carrying out section 1971 of the PHS Act: 

13 Provided further, That in addition to amounts provided 

14 herein, $21,039,000 shall be available under section 241 of 

15 the PHS Act to carry out subpart I of part B of title XIX 

16 of the PHS Act to fund section 1920(b) technical assistance, 

17 national data, data collection and evaluation activities, 

18 and further that the total available under this Act for sec19 tion 1920(b) activities shall not exceed 5 percent of the 

20 amounts appropriated for subpart I of part B of title XIX: 

21 Provided further, That up to 10 percent of the amounts 

22 made available to carry out the Children’s Mental Health 

23 Services program may be used to carry out demonstration 

24 grants or contracts for early interventions with persons not 

25 more than 25 years of age at clinical high risk of developing 
76 

•HR 1865 EAH 

1 a first episode of psychosis: Provided further, That section 

2 520E(b)(2) of the PHS Act shall not apply to funds appro3 priated in this Act for fiscal year 2020: Provided further, 

4 That States shall expend at least 10 percent of the amount 

5 each receives for carrying out section 1911 of the PHS Act 

6 to support evidence-based programs that address the needs 

7 of individuals with early serious mental illness, including 

8 psychotic disorders, regardless of the age of the individual 

9 at onset: Provided further, That $200,000,000 shall be 

10 available until September 30, 2022 for grants to commu11 nities and community organizations who meet criteria for 

12 Certified Community Behavioral Health Clinics pursuant 

13 to section 223(a) of Public Law 113–93: Provided further, 

14 That none of the funds provided for section 1911 of the PHS 

15 Act shall be subject to section 241 of such Act: Provided 

16 further, That of the funds made available under this head17 ing, $19,000,000 shall be to carry out section 224 of the 

18 Protecting Access to Medicare Act of 2014 (Public Law 

19 113–93; 42 U.S.C. 290aa 22 note). 

20 SUBSTANCE ABUSE TREATMENT

21 For carrying out titles III and V of the PHS Act with 

22 respect to substance abuse treatment and title XIX of such 

23 Act with respect to substance abuse treatment and preven24 tion, and the SUPPORT for Patients and Communities 

25 Act, $3,756,556,000: Provided, That $1,500,000,000 shall be 
77 

•HR 1865 EAH 

1 for State Opioid Response Grants for carrying out activi2 ties pertaining to opioids and stimulants undertaken by the 

3 State agency responsible for administering the substance 

4 abuse prevention and treatment block grant under subpart 

5 II of part B of title XIX of the PHS Act (42 U.S.C. 300x– 

6 21 et seq.): Provided further, That of such amount 

7 $50,000,000 shall be made available to Indian Tribes or 

8 tribal organizations: Provided further, That 15 percent of 

9 the remaining amount shall be for the States with the high10 est mortality rate related to opioid use disorders: Provided 

11 further, That of the amounts provided for State Opioid Re12 sponse Grants not more than 2 percent shall be available 

13 for Federal administrative expenses, training, technical as14 sistance, and evaluation: Provided further, That of the 

15 amount not reserved by the previous three provisos, the Sec16 retary shall make allocations to States, territories, and the 

17 District of Columbia according to a formula using national 

18 survey results that the Secretary determines are the most 

19 objective and reliable measure of drug use and drug-related 

20 deaths: Provided further, That the Secretary shall submit 

21 the formula methodology to the Committees on Appropria22 tions of the House of Representatives and the Senate not 

23 less than 15 days prior to publishing a Funding Oppor24 tunity Announcement: Provided further, That prevention 

25 and treatment activities funded through such grants may 
78 

•HR 1865 EAH 

1 include education, treatment (including the provision of 

2 medication), behavioral health services for individuals in 

3 treatment programs, referral to treatment services, recovery 

4 support, and medical screening associated with such treat5 ment: Provided further, That each State, as well as the Dis6 trict of Columbia, shall receive not less than $4,000,000: 

7 Provided further, That in addition to amounts provided 

8 herein, the following amounts shall be available under sec9 tion 241 of the PHS Act: (1) $79,200,000 to carry out sub10 part II of part B of title XIX of the PHS Act to fund section 

11 1935(b) technical assistance, national data, data collection 

12 and evaluation activities, and further that the total avail13 able under this Act for section 1935(b) activities shall not 

14 exceed 5 percent of the amounts appropriated for subpart 

15 II of part B of title XIX; and (2) $2,000,000 to evaluate 

16 substance abuse treatment programs: Provided further, That 

17 none of the funds provided for section 1921 of the PHS Act 

18 or State Opioid Response Grants shall be subject to section 

19 241 of such Act. 

20 SUBSTANCE ABUSE PREVENTION

21 For carrying out titles III and V of the PHS Act with 

22 respect to substance abuse prevention, $206,469,000. 

23 HEALTH SURVEILLANCE AND PROGRAM SUPPORT

24 For program support and cross-cutting activities that 

25 supplement activities funded under the headings ‘‘Mental 
79 

•HR 1865 EAH 

1 Health’’, ‘‘Substance Abuse Treatment’’, and ‘‘Substance 

2 Abuse Prevention’’ in carrying out titles III, V, and XIX 

3 of the PHS Act and the Protection and Advocacy for Indi4 viduals with Mental Illness Act in the Substance Abuse and 

5 Mental Health Services Administration, $128,830,000: Pro6 vided, That in addition to amounts provided herein, 

7 $31,428,000 shall be available under section 241 of the PHS 

8 Act to supplement funds available to carry out national 

9 surveys on drug abuse and mental health, to collect and 

10 analyze program data, and to conduct public awareness 

11 and technical assistance activities: Provided further, That, 

12 in addition, fees may be collected for the costs of publica13 tions, data, data tabulations, and data analysis completed 

14 under title V of the PHS Act and provided to a public or 

15 private entity upon request, which shall be credited to this 

16 appropriation and shall remain available until expended 

17 for such purposes: Provided further, That amounts made 

18 available in this Act for carrying out section 501(o) of the 

19 PHS Act shall remain available through September 30, 

20 2021: Provided further, That funds made available under 

21 this heading may be used to supplement program support 

22 funding provided under the headings ‘‘Mental Health’’, 

23 ‘‘Substance Abuse Treatment’’, and ‘‘Substance Abuse Pre24 vention’’. 
80 

•HR 1865 EAH 

1 AGENCY FOR HEALTHCARE RESEARCH AND QUALITY

2 HEALTHCARE RESEARCH AND QUALITY

3 For carrying out titles III and IX of the PHS Act, 

4 part A of title XI of the Social Security Act, and section 

5 1013 of the Medicare Prescription Drug, Improvement, and 

6 Modernization Act of 2003, $338,000,000: Provided, That 

7 section 947(c) of the PHS Act shall not apply in fiscal year 

8 2020: Provided further, That in addition, amounts received 

9 from Freedom of Information Act fees, reimbursable and 

10 interagency agreements, and the sale of data shall be cred11 ited to this appropriation and shall remain available until 

12 September 30, 2021. 

13 CENTERS FOR MEDICARE & MEDICAID SERVICES

14 GRANTS TO STATES FOR MEDICAID

15 For carrying out, except as otherwise provided, titles 

16 XI and XIX of the Social Security Act, $273,188,478,000, 

17 to remain available until expended. 

18 For making, after May 31, 2020, payments to States 

19 under title XIX or in the case of section 1928 on behalf 

20 of States under title XIX of the Social Security Act for the 

21 last quarter of fiscal year 2020 for unanticipated costs in22 curred for the current fiscal year, such sums as may be nec23 essary. 

24 For making payments to States or in the case of sec25 tion 1928 on behalf of States under title XIX of the Social 
81 

•HR 1865 EAH 

1 Security Act for the first quarter of fiscal year 2021, 

2 $139,903,075,000, to remain available until expended. 

3 Payment under such title XIX may be made for any 

4 quarter with respect to a State plan or plan amendment 

5 in effect during such quarter, if submitted in or prior to 

6 such quarter and approved in that or any subsequent quar7 ter. 

8 PAYMENTS TO THE HEALTH CARE TRUST FUNDS

9 For payment to the Federal Hospital Insurance Trust 

10 Fund and the Federal Supplementary Medical Insurance 

11 Trust Fund, as provided under sections 217(g), 1844, and 

12 1860D–16 of the Social Security Act, sections 103(c) and 

13 111(d) of the Social Security Amendments of 1965, section 

14 278(d)(3) of Public Law 97–248, and for administrative 

15 expenses incurred pursuant to section 201(g) of the Social 

16 Security Act, $410,796,100,000. 

17 In addition, for making matching payments under sec18 tion 1844 and benefit payments under section 1860D–16 

19 of the Social Security Act that were not anticipated in 

20 budget estimates, such sums as may be necessary. 

21 PROGRAM MANAGEMENT

22 For carrying out, except as otherwise provided, titles 

23 XI, XVIII, XIX, and XXI of the Social Security Act, titles 

24 XIII and XXVII of the PHS Act, the Clinical Laboratory 

25 Improvement Amendments of 1988, and other responsibil-
82 

•HR 1865 EAH 

1 ities of the Centers for Medicare & Medicaid Services, not 

2 to exceed $3,669,744,000, to be transferred from the Federal 

3 Hospital Insurance Trust Fund and the Federal Supple4 mentary Medical Insurance Trust Fund, as authorized by 

5 section 201(g) of the Social Security Act; together with all 

6 funds collected in accordance with section 353 of the PHS 

7 Act and section 1857(e)(2) of the Social Security Act, funds 

8 retained by the Secretary pursuant to section 1893(h) of 

9 the Social Security Act, and such sums as may be collected 

10 from authorized user fees and the sale of data, which shall 

11 be credited to this account and remain available until ex12 pended: Provided, That all funds derived in accordance 

13 with 31 U.S.C. 9701 from organizations established under 

14 title XIII of the PHS Act shall be credited to and available 

15 for carrying out the purposes of this appropriation: Pro16 vided further, That the Secretary is directed to collect fees 

17 in fiscal year 2020 from Medicare Advantage organizations 

18 pursuant to section 1857(e)(2) of the Social Security Act 

19 and from eligible organizations with risk-sharing contracts 

20 under section 1876 of that Act pursuant to section 

21 1876(k)(4)(D) of that Act: Provided further, That amounts 

22 available under this heading to support quality improve23 ment organizations (as defined in section 1152 of the Social 

24 Security Act) shall not exceed the amount specifically pro25 vided for such purpose under this heading in division H 
83 

•HR 1865 EAH 

1 of the Consolidated Appropriations Act, 2018 (Public Law 

2 115–141). 

3 HEALTH CARE FRAUD AND ABUSE CONTROL ACCOUNT

4 In addition to amounts otherwise available for pro5 gram integrity and program management, $786,000,000, to 

6 remain available through September 30, 2021, to be trans7 ferred from the Federal Hospital Insurance Trust Fund and 

8 the Federal Supplementary Medical Insurance Trust Fund, 

9 as authorized by section 201(g) of the Social Security Act, 

10 of which $610,000,000 shall be for the Centers for Medicare 

11 & Medicaid Services program integrity activities, of which 

12 $93,000,000 shall be for the Department of Health and 

13 Human Services Office of Inspector General to carry out 

14 fraud and abuse activities authorized by section 1817(k)(3) 

15 of such Act, and of which $83,000,000 shall be for the De16 partment of Justice to carry out fraud and abuse activities 

17 authorized by section 1817(k)(3) of such Act: Provided, 

18 That the report required by section 1817(k)(5) of the Social 

19 Security Act for fiscal year 2020 shall include measures of 

20 the operational efficiency and impact on fraud, waste, and 

21 abuse in the Medicare, Medicaid, and CHIP programs for 

22 the funds provided by this appropriation: Provided further, 

23 That of the amount provided under this heading, 

24 $311,000,000 is provided to meet the terms of section 

25 251(b)(2)(C)(ii) of the Balanced Budget and Emergency 
84 

•HR 1865 EAH 

1 Deficit Control Act of 1985, as amended, and $475,000,000 

2 is additional new budget authority specified for purposes 

3 of section 251(b)(2)(C) of such Act: Provided further, That 

4 the Secretary shall provide not less than $18,000,000 for 

5 the Senior Medicare Patrol program to combat health care 

6 fraud and abuse from the funds provided to this account. 

7 ADMINISTRATION FOR CHILDREN AND FAMILIES

8 PAYMENTS TO STATES FOR CHILD SUPPORT ENFORCEMENT

9 AND FAMILY SUPPORT PROGRAMS

10 For carrying out, except as otherwise provided, titles 

11 I, IV–D, X, XI, XIV, and XVI of the Social Security Act 

12 and the Act of July 5, 1960, $2,890,000,000, to remain 

13 available until expended; and for such purposes for the first 

14 quarter of fiscal year 2021, $1,400,000,000, to remain 

15 available until expended. 

16 For carrying out, after May 31 of the current fiscal 

17 year, except as otherwise provided, titles I, IV–D, X, XI, 

18 XIV, and XVI of the Social Security Act and the Act of 

19 July 5, 1960, for the last 3 months of the current fiscal 

20 year for unanticipated costs, incurred for the current fiscal 

21 year, such sums as may be necessary. 

22 LOW INCOME HOME ENERGY ASSISTANCE

23 For making payments under subsections (b) and (d) 

24 of section 2602 of the Low-Income Home Energy Assistance 

25 Act of 1981 (42 U.S.C. 8621 et seq.), $3,740,304,000: Pro-
85 

•HR 1865 EAH 

1 vided, That notwithstanding section 2609A(a) of such Act, 

2 not more than $2,988,000 may be reserved by the Secretary 

3 of Health and Human Services for technical assistance, 

4 training, and monitoring of program activities for compli5 ance with internal controls, policies and procedures and the 

6 Secretary may, in addition to the authorities provided in 

7 section 2609A(a)(1), use such funds through contracts with 

8 private entities that do not qualify as nonprofit organiza9 tions: Provided further, That all but $753,000,000 of the 

10 amount appropriated under this heading shall be allocated 

11 as though the total appropriation for such payments for fis12 cal year 2020 was less than $1,975,000,000: Provided fur13 ther, That, after applying all applicable provisions of sec14 tion 2604 of such Act and the previous proviso, each State 

15 or territory that would otherwise receive an allocation that 

16 is less than 97 percent of the amount that it received under 

17 this heading for fiscal year 2019 from amounts appro18 priated in Public Law 115–245 shall have its allocation 

19 increased to that 97 percent level, with the portions of other 

20 States’ and territories’ allocations that would exceed 100 

21 percent of the amounts they respectively received in such 

22 fashion for fiscal year 2019 being ratably reduced. 
86 

•HR 1865 EAH 

1 REFUGEE AND ENTRANT ASSISTANCE

2 (INCLUDING TRANSFER OF FUNDS)

3 For necessary expenses for refugee and entrant assist4 ance activities authorized by section 414 of the Immigration 

5 and Nationality Act and section 501 of the Refugee Edu6 cation Assistance Act of 1980, and for carrying out section 

7 462 of the Homeland Security Act of 2002, section 235 of 

8 the William Wilberforce Trafficking Victims Protection Re9 authorization Act of 2008, the Trafficking Victims Protec10 tion Act of 2000 (‘‘TVPA’’), and the Torture Victims Relief 

11 Act of 1998, $1,908,201,000, of which $1,864,446,000 shall 

12 remain available through September 30, 2022 for carrying 

13 out such sections 414, 501, 462, and 235: Provided, That 

14 amounts available under this heading to carry out the 

15 TVPA shall also be available for research and evaluation 

16 with respect to activities under such Act: Provided further, 

17 That not less than $160,000,000 shall be used for legal serv18 ices, child advocates, and post-release services: Provided fur19 ther, That the limitation in section 205 of this Act regard20 ing transfers increasing any appropriation shall apply to 

21 transfers to appropriations under this heading by sub22 stituting ‘‘15 percent’’ for ‘‘3 percent’’. 
87 

•HR 1865 EAH 

1 PAYMENTS TO STATES FOR THE CHILD CARE AND

2 DEVELOPMENT BLOCK GRANT

3 For carrying out the Child Care and Development 

4 Block Grant Act of 1990 (‘‘CCDBG Act’’), $5,826,000,000 

5 shall be used to supplement, not supplant State general rev6 enue funds for child care assistance for low-income families: 

7 Provided, That technical assistance under section 

8 658I(a)(3) of such Act may be provided directly, or through 

9 the use of contracts, grants, cooperative agreements, or 

10 interagency agreements: Provided further, That all funds 

11 made available to carry out section 418 of the Social Secu12 rity Act (42 U.S.C. 618), including funds appropriated for 

13 that purpose in such section 418 or any other provision 

14 of law, shall be subject to the reservation of funds authority 

15 in paragraphs (4) and (5) of section 658O(a) of the CCDBG 

16 Act: Provided further, That in addition to the amounts re17 quired to be reserved by the Secretary under section 

18 658O(a)(2)(A) of such Act, $174,780,000 shall be for Indian 

19 tribes and tribal organizations. 

20 SOCIAL SERVICES BLOCK GRANT

21 For making grants to States pursuant to section 2002 

22 of the Social Security Act, $1,700,000,000: Provided, That 

23 notwithstanding subparagraph (B) of section 404(d)(2) of 

24 such Act, the applicable percent specified under such sub-
88 

•HR 1865 EAH 

1 paragraph for a State to carry out State programs pursu2 ant to title XX–A of such Act shall be 10 percent. 

3 CHILDREN AND FAMILIES SERVICES PROGRAMS

4 For carrying out, except as otherwise provided, the 

5 Runaway and Homeless Youth Act, the Head Start Act, the 

6 Every Student Succeeds Act, the Child Abuse Prevention 

7 and Treatment Act, sections 303 and 313 of the Family 

8 Violence Prevention and Services Act, the Native American 

9 Programs Act of 1974, title II of the Child Abuse Prevention 

10 and Treatment and Adoption Reform Act of 1978 (adoption 

11 opportunities), part B–1 of title IV and sections 429, 473A, 

12 477(i), 1110, 1114A, and 1115 of the Social Security Act, 

13 and the Community Services Block Grant Act (‘‘CSBG 

14 Act’’); and for necessary administrative expenses to carry 

15 out titles I, IV, V, X, XI, XIV, XVI, and XX–A of the Social 

16 Security Act, the Act of July 5, 1960, the Low-Income 

17 Home Energy Assistance Act of 1981, the Child Care and 

18 Development Block Grant Act of 1990, the Assets for Inde19 pendence Act, title IV of the Immigration and Nationality 

20 Act, and section 501 of the Refugee Education Assistance 

21 Act of 1980, $12,876,652,000, of which $75,000,000, to re22 main available through September 30, 2021, shall be for 

23 grants to States for adoption and legal guardianship incen24 tive payments, as defined by section 473A of the Social Se25 curity Act and may be made for adoptions and legal 
89 

•HR 1865 EAH 

1 guardianships completed before September 30, 2020: Pro2 vided, That $10,613,095,000 shall be for making payments 

3 under the Head Start Act, including for Early Head Start4 Child Care Partnerships, and, of which, notwithstanding 

5 section 640 of such Act: 

6 (1) $193,000,000 shall be available for a cost of 

7 living adjustment, and with respect to any continuing 

8 appropriations act, funding available for a cost of liv9 ing adjustment shall not be construed as an authority 

10 or condition under this Act; 

11 (2) $25,000,000 shall be available for allocation 

12 by the Secretary to supplement activities described in 

13 paragraphs (7)(B) and (9) of section 641(c) of the 

14 Head Start Act under the Designation Renewal Sys15 tem, established under the authority of sections 

16 641(c)(7), 645A(b)(12), and 645A(d) of such Act, and 

17 such funds shall not be included in the calculation of 

18 ‘‘base grant’’ in subsequent fiscal years, as such term 

19 is used in section 640(a)(7)(A) of such Act; 

20 (3) $100,000,000, in addition to funds otherwise 

21 available under such section 640 for such purposes, 

22 shall be available through March 31, 2021 for new 

23 grants to entities defined as eligible under section 

24 645A(d) of such Act for Early Head Start programs 

25 as described in section 645A of such Act, conversion 
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•HR 1865 EAH 

1 of Head Start services to Early Head Start services 

2 as described in section 645(a)(5)(A) of such Act, and 

3 high quality infant and toddler care through Early 

4 Head Start-Child Care Partnerships, and for train5 ing and technical assistance for such activities; 

6 (4) $250,000,000 shall be available for quality 

7 improvement consistent with section 640(a)(5) of such 

8 Act except that any amount of the funds may be used 

9 on any of the activities in such section (5); 

10 (5) $4,000,000 shall be available for the purposes 

11 of re-establishing the Tribal Colleges and Universities 

12 Head Start Partnership Program consistent with sec13 tion 648(g) of such Act; and 

14 (6) $19,000,000 shall be available to supplement 

15 funding otherwise available for research, evaluation, 

16 and Federal administrative costs: 

17 Provided further, That the Secretary may reduce the res18 ervation of funds under section 640(a)(2)(C) of such Act 

19 in lieu of reducing the reservation of funds under sections 

20 640(a)(2)(B), 640(a)(2)(D), and 640(a)(2)(E) of such Act: 

21 Provided further, That $275,000,000 shall be available until 

22 December 31, 2020 for carrying out sections 9212 and 9213 

23 of the Every Student Succeeds Act: Provided further, That 

24 up to 3 percent of the funds in the preceding proviso shall 

25 be available for technical assistance and evaluation related 
91 

•HR 1865 EAH 

1 to grants awarded under such section 9212: Provided fur2 ther, That $770,383,000 shall be for making payments 

3 under the CSBG Act: Provided further, That $30,383,000 

4 shall be for section 680 of the CSBG Act, of which not less 

5 than $20,383,000 shall be for section 680(a)(2) and not less 

6 than $10,000,000 shall be for section 680(a)(3)(B) of such 

7 Act: Provided further, That, notwithstanding section 

8 675C(a)(3) of such Act, to the extent Community Services 

9 Block Grant funds are distributed as grant funds by a State 

10 to an eligible entity as provided under such Act, and have 

11 not been expended by such entity, they shall remain with 

12 such entity for carryover into the next fiscal year for ex13 penditure by such entity consistent with program purposes: 

14 Provided further, That the Secretary shall establish proce15 dures regarding the disposition of intangible assets and pro16 gram income that permit such assets acquired with, and 

17 program income derived from, grant funds authorized 

18 under section 680 of the CSBG Act to become the sole prop19 erty of such grantees after a period of not more than 12 

20 years after the end of the grant period for any activity con21 sistent with section 680(a)(2)(A) of the CSBG Act: Provided 

22 further, That intangible assets in the form of loans, equity 

23 investments and other debt instruments, and program in24 come may be used by grantees for any eligible purpose con25 sistent with section 680(a)(2)(A) of the CSBG Act: Provided 
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•HR 1865 EAH 

1 further, That these procedures shall apply to such grant 

2 funds made available after November 29, 1999: Provided 

3 further, That funds appropriated for section 680(a)(2) of 

4 the CSBG Act shall be available for financing construction 

5 and rehabilitation and loans or investments in private 

6 business enterprises owned by community development cor7 porations: Provided further, That $175,000,000 shall be for 

8 carrying out section 303(a) of the Family Violence Preven9 tion and Services Act, of which $7,000,000 shall be allocated 

10 notwithstanding section 303(a)(2) of such Act for carrying 

11 out section 309 of such Act: Provided further, That the per12 centages specified in section 112(a)(2) of the Child Abuse 

13 Prevention and Treatment Act shall not apply to funds ap14 propriated under this heading: Provided further, That 

15 $1,864,000 shall be for a human services case management 

16 system for federally declared disasters, to include a com17 prehensive national case management contract and Federal 

18 costs of administering the system: Provided further, That 

19 up to $2,000,000 shall be for improving the Public Assist20 ance Reporting Information System, including grants to 

21 States to support data collection for a study of the system’s 

22 effectiveness. 

23 PROMOTING SAFE AND STABLE FAMILIES

24 For carrying out, except as otherwise provided, section 

25 436 of the Social Security Act, $345,000,000 and, for car-
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•HR 1865 EAH 

1 rying out, except as otherwise provided, section 437 of such 

2 Act, $92,515,000: Provided, That of the funds available to 

3 carry out section 437, $59,765,000 shall be allocated con4 sistent with subsections (b) through (d) of such section: Pro5 vided further, That of the funds available to carry out sec6 tion 437, to assist in meeting the requirements described 

7 in section 471(e)(4)(C), $20,000,000 shall be for grants to 

8 each State, territory, and Indian tribe operating title IV– 

9 E plans for developing, enhancing, or evaluating kinship 

10 navigator programs, as described in section 427(a)(1) of 

11 such Act, $10,000,000, in addition to funds otherwise ap12 propriated in section 436 for such purposes, shall be for 

13 competitive grants to regional partnerships as described in 

14 section 437(f), and $2,750,000, in addition to funds other15 wise appropriated in section 476 for such purposes, for the 

16 Family First Clearinghouse: Provided further, That section 

17 437(b)(1) shall be applied to amounts in the previous pro18 viso by substituting ‘‘5 percent’’ for ‘‘3.3 percent’’, and not19 withstanding section 436(b)(1), such reserved amounts may 

20 be used for identifying, establishing, and disseminating 

21 practices to meet the criteria specified in section 

22 471(e)(4)(C): Provided further, That the reservation in sec23 tion 437(b)(2) and the limitations in section 437(d) shall 

24 not apply to funds specified in the second proviso: Provided 

25 further, That the minimum grant award for kinship navi-
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•HR 1865 EAH 

1 gator programs in the case of States and territories shall 

2 be $200,000, and, in the case of tribes, shall be $25,000. 

3 PAYMENTS FOR FOSTER CARE AND PERMANENCY

4 For carrying out, except as otherwise provided, title 

5 IV–E of the Social Security Act, $5,744,000,000. 

6 For carrying out, except as otherwise provided, title 

7 IV–E of the Social Security Act, for the first quarter of fis8 cal year 2021, $3,000,000,000. 

9 For carrying out, after May 31 of the current fiscal 

10 year, except as otherwise provided, section 474 of title IV– 

11 E of the Social Security Act, for the last 3 months of the 

12 current fiscal year for unanticipated costs, incurred for the 

13 current fiscal year, such sums as may be necessary. 

14 ADMINISTRATION FOR COMMUNITY LIVING

15 AGING AND DISABILITY SERVICES PROGRAMS

16 (INCLUDING TRANSFER OF FUNDS)

17 For carrying out, to the extent not otherwise provided, 

18 the Older Americans Act of 1965 (‘‘OAA’’), the RAISE 

19 Family Caregivers Act, the Supporting Grandparents Rais20 ing Grandchildren Act, titles III and XXIX of the PHS 

21 Act, sections 1252 and 1253 of the PHS Act, section 119 

22 of the Medicare Improvements for Patients and Providers 

23 Act of 2008, title XX–B of the Social Security Act, the De24 velopmental Disabilities Assistance and Bill of Rights Act, 

25 parts 2 and 5 of subtitle D of title II of the Help America 
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1 Vote Act of 2002, the Assistive Technology Act of 1998, titles 

2 II and VII (and section 14 with respect to such titles) of 

3 the Rehabilitation Act of 1973, and for Department-wide 

4 coordination of policy and program activities that assist 

5 individuals with disabilities, $2,171,000,000, together with 

6 $52,115,000 to be transferred from the Federal Hospital In7 surance Trust Fund and the Federal Supplementary Med8 ical Insurance Trust Fund to carry out section 4360 of the 

9 Omnibus Budget Reconciliation Act of 1990: Provided, 

10 That amounts appropriated under this heading may be 

11 used for grants to States under section 361 of the OAA only 

12 for disease prevention and health promotion programs and 

13 activities which have been demonstrated through rigorous 

14 evaluation to be evidence-based and effective: Provided fur15 ther, That of amounts made available under this heading 

16 to carry out sections 311, 331, and 336 of the OAA, up 

17 to one percent of such amounts shall be available for devel18 oping and implementing evidence-based practices for en19 hancing senior nutrition, including medically-tailored 

20 meals: Provided further, That notwithstanding any other 

21 provision of this Act, funds made available under this head22 ing to carry out section 311 of the OAA may be transferred 

23 to the Secretary of Agriculture in accordance with such sec24 tion: Provided further, That $2,000,000 shall be for com25 petitive grants to support alternative financing programs 
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•HR 1865 EAH 

1 that provide for the purchase of assistive technology devices, 

2 such as a low-interest loan fund; an interest buy-down pro3 gram; a revolving loan fund; a loan guarantee; or an insur4 ance program: Provided further, That applicants shall pro5 vide an assurance that, and information describing the 

6 manner in which, the alternative financing program will 

7 expand and emphasize consumer choice and control: Pro8 vided further, That State agencies and community-based 

9 disability organizations that are directed by and operated 

10 for individuals with disabilities shall be eligible to compete: 

11 Provided further, That none of the funds made available 

12 under this heading may be used by an eligible system (as 

13 defined in section 102 of the Protection and Advocacy for 

14 Individuals with Mental Illness Act (42 U.S.C. 10802)) to 

15 continue to pursue any legal action in a Federal or State 

16 court on behalf of an individual or group of individuals 

17 with a developmental disability (as defined in section 

18 102(8)(A) of the Developmental Disabilities and Assistance 

19 and Bill of Rights Act of 2000 (20 U.S.C. 15002(8)(A)) that 

20 is attributable to a mental impairment (or a combination 

21 of mental and physical impairments), that has as the re22 quested remedy the closure of State operated intermediate 

23 care facilities for people with intellectual or developmental 

24 disabilities, unless reasonable public notice of the action has 

25 been provided to such individuals (or, in the case of mental 
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•HR 1865 EAH 

1 incapacitation, the legal guardians who have been specifi2 cally awarded authority by the courts to make healthcare 

3 and residential decisions on behalf of such individuals) who 

4 are affected by such action, within 90 days of instituting 

5 such legal action, which informs such individuals (or such 

6 legal guardians) of their legal rights and how to exercise 

7 such rights consistent with current Federal Rules of Civil 

8 Procedure: Provided further, That the limitations in the im9 mediately preceding proviso shall not apply in the case of 

10 an individual who is neither competent to consent nor has 

11 a legal guardian, nor shall the proviso apply in the case 

12 of individuals who are a ward of the State or subject to 

13 public guardianship. 

14 OFFICE OF THE SECRETARY

15 GENERAL DEPARTMENTAL MANAGEMENT

16 For necessary expenses, not otherwise provided, for 

17 general departmental management, including hire of six 

18 passenger motor vehicles, and for carrying out titles III, 

19 XVII, XXI, and section 229 of the PHS Act, the United 

20 States-Mexico Border Health Commission Act, and research 

21 studies under section 1110 of the Social Security Act, 

22 $479,629,000, together with $64,828,000 from the amounts 

23 available under section 241 of the PHS Act to carry out 

24 national health or human services research and evaluation 

25 activities: Provided, That of this amount, $53,900,000 shall 
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•HR 1865 EAH 

1 be for minority AIDS prevention and treatment activities: 

2 Provided further, That of the funds made available under 

3 this heading, $101,000,000 shall be for making competitive 

4 contracts and grants to public and private entities to fund 

5 medically accurate and age appropriate programs that re6 duce teen pregnancy and for the Federal costs associated 

7 with administering and evaluating such contracts and 

8 grants, of which not more than 10 percent of the available 

9 funds shall be for training and technical assistance, evalua10 tion, outreach, and additional program support activities, 

11 and of the remaining amount 75 percent shall be for repli12 cating programs that have been proven effective through rig13 orous evaluation to reduce teenage pregnancy, behavioral 

14 risk factors underlying teenage pregnancy, or other associ15 ated risk factors, and 25 percent shall be available for re16 search and demonstration grants to develop, replicate, re17 fine, and test additional models and innovative strategies 

18 for preventing teenage pregnancy: Provided further, That 

19 of the amounts provided under this heading from amounts 

20 available under section 241 of the PHS Act, $6,800,000 

21 shall be available to carry out evaluations (including longi22 tudinal evaluations) of teenage pregnancy prevention ap23 proaches: Provided further, That of the funds made avail24 able under this heading, $35,000,000 shall be for making 

25 competitive grants which exclusively implement education 
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•HR 1865 EAH 

1 in sexual risk avoidance (defined as voluntarily refraining 

2 from non-marital sexual activity): Provided further, That 

3 funding for such competitive grants for sexual risk avoid4 ance shall use medically accurate information referenced to 

5 peer-reviewed publications by educational, scientific, gov6 ernmental, or health organizations; implement an evidence7 based approach integrating research findings with practical 

8 implementation that aligns with the needs and desired out9 comes for the intended audience; and teach the benefits asso10 ciated with self-regulation, success sequencing for poverty 

11 prevention, healthy relationships, goal setting, and resisting 

12 sexual coercion, dating violence, and other youth risk behav13 iors such as underage drinking or illicit drug use without 

14 normalizing teen sexual activity: Provided further, That no 

15 more than 10 percent of the funding for such competitive 

16 grants for sexual risk avoidance shall be available for tech17 nical assistance and administrative costs of such programs: 

18 Provided further, That funds provided in this Act for em19 bryo adoption activities may be used to provide to individ20 uals adopting embryos, through grants and other mecha21 nisms, medical and administrative services deemed nec22 essary for such adoptions: Provided further, That such serv23 ices shall be provided consistent with 42 CFR 59.5(a)(4): 

24 Provided further, That of the funds made available under 

25 this heading, $5,000,000 shall be for carrying out prize 
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•HR 1865 EAH 

1 competitions sponsored by the Office of the Secretary to ac2 celerate innovation in the prevention, diagnosis, and treat3 ment of kidney diseases (as authorized by section 24 of the 

4 Stevenson-Wydler Technology Innovation Act of 1980 (15 

5 U.S.C. 3719)). 

6 MEDICARE HEARINGS AND APPEALS

7 For expenses necessary for Medicare hearings and ap8 peals in the Office of the Secretary, $191,881,000 shall re9 main available until September 30, 2021, to be transferred 

10 in appropriate part from the Federal Hospital Insurance 

11 Trust Fund and the Federal Supplementary Medical Insur12 ance Trust Fund. 

13 OFFICE OF THE NATIONAL COORDINATOR FOR HEALTH

14 INFORMATION TECHNOLOGY

15 For expenses necessary for the Office of the National 

16 Coordinator for Health Information Technology, including 

17 grants, contracts, and cooperative agreements for the devel18 opment and advancement of interoperable health informa19 tion technology, $60,367,000. 

20 OFFICE OF INSPECTOR GENERAL

21 For expenses necessary for the Office of Inspector Gen22 eral, including the hire of passenger motor vehicles for in23 vestigations, in carrying out the provisions of the Inspector 

24 General Act of 1978, $80,000,000: Provided, That of such 

25 amount, necessary sums shall be available for providing 
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•HR 1865 EAH 

1 protective services to the Secretary and investigating non2 payment of child support cases for which non-payment is 

3 a Federal offense under 18 U.S.C. 228. 

4 OFFICE FOR CIVIL RIGHTS

5 For expenses necessary for the Office for Civil Rights, 

6 $38,798,000. 

7 RETIREMENT PAY AND MEDICAL BENEFITS FOR

8 COMMISSIONED OFFICERS

9 For retirement pay and medical benefits of Public 

10 Health Service Commissioned Officers as authorized by law, 

11 for payments under the Retired Serviceman’s Family Pro12 tection Plan and Survivor Benefit Plan, and for medical 

13 care of dependents and retired personnel under the Depend14 ents’ Medical Care Act, such amounts as may be required 

15 during the current fiscal year. 

16 PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND

17 For expenses necessary to support activities related to 

18 countering potential biological, nuclear, radiological, chem19 ical, and cybersecurity threats to civilian populations, and 

20 for other public health emergencies, $1,037,458,000, of 

21 which $561,700,000 shall remain available through Sep22 tember 30, 2021, for expenses necessary to support advanced 

23 research and development pursuant to section 319L of the 

24 PHS Act and other administrative expenses of the Bio25 medical Advanced Research and Development Authority: 
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1 Provided, That funds provided under this heading for the 

2 purpose of acquisition of security countermeasures shall be 

3 in addition to any other funds available for such purpose: 

4 Provided further, That products purchased with funds pro5 vided under this heading may, at the discretion of the Sec6 retary, be deposited in the Strategic National Stockpile pur7 suant to section 319F–2 of the PHS Act: Provided further, 

8 That $5,000,000 of the amounts made available to support 

9 emergency operations shall remain available through Sep10 tember 30, 2022. 

11 For expenses necessary for procuring security counter12 measures (as defined in section 319F–2(c)(1)(B) of the PHS 

13 Act), $735,000,000, to remain available until expended. 

14 For expenses necessary to carry out section 319F–2(a) 

15 of the PHS Act, $705,000,000, to remain available until 

16 expended. 

17 For an additional amount for expenses necessary to 

18 prepare for or respond to an influenza pandemic, 

19 $260,000,000; of which $225,000,000 shall be available 

20 until expended, for activities including the development and 

21 purchase of vaccine, antivirals, necessary medical supplies, 

22 diagnostics, and other surveillance tools: Provided, That 

23 notwithstanding section 496(b) of the PHS Act, funds may 

24 be used for the construction or renovation of privately 

25 owned facilities for the production of pandemic influenza 
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1 vaccines and other biologics, if the Secretary finds such con2 struction or renovation necessary to secure sufficient sup3 plies of such vaccines or biologics. 

4 GENERAL PROVISIONS

5 SEC. 201. Funds appropriated in this title shall be 

6 available for not to exceed $50,000 for official reception and 

7 representation expenses when specifically approved by the 

8 Secretary. 

9 SEC. 202. None of the funds appropriated in this title 

10 shall be used to pay the salary of an individual, through 

11 a grant or other extramural mechanism, at a rate in excess 

12 of Executive Level II: Provided, That none of the funds ap13 propriated in this title shall be used to prevent the NIH 

14 from paying up to 100 percent of the salary of an indi15 vidual at this rate. 

16 SEC. 203. None of the funds appropriated in this Act 

17 may be expended pursuant to section 241 of the PHS Act, 

18 except for funds specifically provided for in this Act, or for 

19 other taps and assessments made by any office located in 

20 HHS, prior to the preparation and submission of a report 

21 by the Secretary to the Committees on Appropriations of 

22 the House of Representatives and the Senate detailing the 

23 planned uses of such funds. 

24 SEC. 204. Notwithstanding section 241(a) of the PHS 

25 Act, such portion as the Secretary shall determine, but not 
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1 more than 2.5 percent, of any amounts appropriated for 

2 programs authorized under such Act shall be made available 

3 for the evaluation (directly, or by grants or contracts) and 

4 the implementation and effectiveness of programs funded in 

5 this title. 

6 (TRANSFER OF FUNDS)

7 SEC. 205. Not to exceed 1 percent of any discretionary 

8 funds (pursuant to the Balanced Budget and Emergency 

9 Deficit Control Act of 1985) which are appropriated for the 

10 current fiscal year for HHS in this Act may be transferred 

11 between appropriations, but no such appropriation shall be 

12 increased by more than 3 percent by any such transfer: Pro13 vided, That the transfer authority granted by this section 

14 shall not be used to create any new program or to fund 

15 any project or activity for which no funds are provided in 

16 this Act: Provided further, That the Committees on Appro17 priations of the House of Representatives and the Senate 

18 are notified at least 15 days in advance of any transfer. 

19 SEC. 206. In lieu of the timeframe specified in section 

20 338E(c)(2) of the PHS Act, terminations described in such 

21 section may occur up to 60 days after the effective date of 

22 a contract awarded in fiscal year 2020 under section 338B 

23 of such Act, or at any time if the individual who has been 

24 awarded such contract has not received funds due under the 

25 contract. 
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1 SEC. 207. None of the funds appropriated in this Act 

2 may be made available to any entity under title X of the 

3 PHS Act unless the applicant for the award certifies to the 

4 Secretary that it encourages family participation in the de5 cision of minors to seek family planning services and that 

6 it provides counseling to minors on how to resist attempts 

7 to coerce minors into engaging in sexual activities. 

8 SEC. 208. Notwithstanding any other provision of law, 

9 no provider of services under title X of the PHS Act shall 

10 be exempt from any State law requiring notification or the 

11 reporting of child abuse, child molestation, sexual abuse, 

12 rape, or incest. 

13 SEC. 209. None of the funds appropriated by this Act 

14 (including funds appropriated to any trust fund) may be 

15 used to carry out the Medicare Advantage program if the 

16 Secretary denies participation in such program to an other17 wise eligible entity (including a Provider Sponsored Orga18 nization) because the entity informs the Secretary that it 

19 will not provide, pay for, provide coverage of, or provide 

20 referrals for abortions: Provided, That the Secretary shall 

21 make appropriate prospective adjustments to the capitation 

22 payment to such an entity (based on an actuarially sound 

23 estimate of the expected costs of providing the service to such 

24 entity’s enrollees): Provided further, That nothing in this 

25 section shall be construed to change the Medicare program’s 
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1 coverage for such services and a Medicare Advantage orga2 nization described in this section shall be responsible for 

3 informing enrollees where to obtain information about all 

4 Medicare covered services. 

5 SEC. 210. None of the funds made available in this 

6 title may be used, in whole or in part, to advocate or pro7 mote gun control. 

8 SEC. 211. The Secretary shall make available through 

9 assignment not more than 60 employees of the Public 

10 Health Service to assist in child survival activities and to 

11 work in AIDS programs through and with funds provided 

12 by the Agency for International Development, the United 

13 Nations International Children’s Emergency Fund or the 

14 World Health Organization. 

15 SEC. 212. In order for HHS to carry out international 

16 health activities, including HIV/AIDS and other infectious 

17 disease, chronic and environmental disease, and other 

18 health activities abroad during fiscal year 2020: 

19 (1) The Secretary may exercise authority equiva20 lent to that available to the Secretary of State in sec21 tion 2(c) of the State Department Basic Authorities 

22 Act of 1956. The Secretary shall consult with the Sec23 retary of State and relevant Chief of Mission to en24 sure that the authority provided in this section is ex25 ercised in a manner consistent with section 207 of the 
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1 Foreign Service Act of 1980 and other applicable stat2 utes administered by the Department of State. 

3 (2) The Secretary is authorized to provide such 

4 funds by advance or reimbursement to the Secretary 

5 of State as may be necessary to pay the costs of ac6 quisition, lease, alteration, renovation, and manage7 ment of facilities outside of the United States for the 

8 use of HHS. The Department of State shall cooperate 

9 fully with the Secretary to ensure that HHS has se10 cure, safe, functional facilities that comply with ap11 plicable regulation governing location, setback, and 

12 other facilities requirements and serve the purposes 

13 established by this Act. The Secretary is authorized, 

14 in consultation with the Secretary of State, through 

15 grant or cooperative agreement, to make available to 

16 public or nonprofit private institutions or agencies in 

17 participating foreign countries, funds to acquire, 

18 lease, alter, or renovate facilities in those countries as 

19 necessary to conduct programs of assistance for inter20 national health activities, including activities relating 

21 to HIV/AIDS and other infectious diseases, chronic 

22 and environmental diseases, and other health activi23 ties abroad. 

24 (3) The Secretary is authorized to provide to 

25 personnel appointed or assigned by the Secretary to 
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1 serve abroad, allowances and benefits similar to those 

2 provided under chapter 9 of title I of the Foreign 

3 Service Act of 1980, and 22 U.S.C. 4081 through 

4 4086 and subject to such regulations prescribed by the 

5 Secretary. The Secretary is further authorized to pro6 vide locality-based comparability payments (stated as 

7 a percentage) up to the amount of the locality-based 

8 comparability payment (stated as a percentage) that 

9 would be payable to such personnel under section 

10 5304 of title 5, United States Code if such personnel’s 

11 official duty station were in the District of Columbia. 

12 Leaves of absence for personnel under this subsection 

13 shall be on the same basis as that provided under sub14 chapter I of chapter 63 of title 5, United States Code, 

15 or section 903 of the Foreign Service Act of 1980, to 

16 individuals serving in the Foreign Service. 

17 (TRANSFER OF FUNDS)

18 SEC. 213. The Director of the NIH, jointly with the 

19 Director of the Office of AIDS Research, may transfer up 

20 to 3 percent among institutes and centers from the total 

21 amounts identified by these two Directors as funding for 

22 research pertaining to the human immunodeficiency virus: 

23 Provided, That the Committees on Appropriations of the 

24 House of Representatives and the Senate are notified at 

25 least 15 days in advance of any transfer. 
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1 (TRANSFER OF FUNDS)

2 SEC. 214. Of the amounts made available in this Act 

3 for NIH, the amount for research related to the human im4 munodeficiency virus, as jointly determined by the Director 

5 of NIH and the Director of the Office of AIDS Research, 

6 shall be made available to the ‘‘Office of AIDS Research’’ 

7 account. The Director of the Office of AIDS Research shall 

8 transfer from such account amounts necessary to carry out 

9 section 2353(d)(3) of the PHS Act. 

10 SEC. 215. (a) AUTHORITY.—Notwithstanding any 

11 other provision of law, the Director of NIH (‘‘Director’’) 

12 may use funds authorized under section 402(b)(12) of the 

13 PHS Act to enter into transactions (other than contracts, 

14 cooperative agreements, or grants) to carry out research 

15 identified pursuant to or research and activities described 

16 in such section 402(b)(12). 

17 (b) PEER REVIEW.—In entering into transactions 

18 under subsection (a), the Director may utilize such peer re19 view procedures (including consultation with appropriate 

20 scientific experts) as the Director determines to be appro21 priate to obtain assessments of scientific and technical 

22 merit. Such procedures shall apply to such transactions in 

23 lieu of the peer review and advisory council review proce24 dures that would otherwise be required under sections 
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1 301(a)(3), 405(b)(1)(B), 405(b)(2), 406(a)(3)(A), 492, and 

2 494 of the PHS Act. 

3 SEC. 216. Not to exceed $45,000,000 of funds appro4 priated by this Act to the institutes and centers of the Na5 tional Institutes of Health may be used for alteration, re6 pair, or improvement of facilities, as necessary for the prop7 er and efficient conduct of the activities authorized herein, 

8 at not to exceed $3,500,000 per project. 

9 (TRANSFER OF FUNDS)

10 SEC. 217. Of the amounts made available for NIH, 1 

11 percent of the amount made available for National Research 

12 Service Awards (‘‘NRSA’’) shall be made available to the 

13 Administrator of the Health Resources and Services Admin14 istration to make NRSA awards for research in primary 

15 medical care to individuals affiliated with entities who have 

16 received grants or contracts under sections 736, 739, or 747 

17 of the PHS Act, and 1 percent of the amount made avail18 able for NRSA shall be made available to the Director of 

19 the Agency for Healthcare Research and Quality to make 

20 NRSA awards for health service research. 

21 SEC. 218. (a) The Biomedical Advanced Research and 

22 Development Authority (‘‘BARDA’’) may enter into a con23 tract, for more than one but no more than 10 program 

24 years, for purchase of research services or of security coun25 termeasures, as that term is defined in section 319F– 
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1 2(c)(1)(B) of the PHS Act (42 U.S.C. 247d–6b(c)(1)(B)), 

2 if— 

3 (1) funds are available and obligated— 

4 (A) for the full period of the contract or for 

5 the first fiscal year in which the contract is in 

6 effect; and 

7 (B) for the estimated costs associated with 

8 a necessary termination of the contract; and 

9 (2) the Secretary determines that a multi-year 

10 contract will serve the best interests of the Federal 

11 Government by encouraging full and open competi12 tion or promoting economy in administration, per13 formance, and operation of BARDA’s programs. 

14 (b) A contract entered into under this section— 

15 (1) shall include a termination clause as de16 scribed by subsection (c) of section 3903 of title 41, 

17 United States Code; and 

18 (2) shall be subject to the congressional notice re19 quirement stated in subsection (d) of such section. 

20 SEC. 219. (a) The Secretary shall publish in the fiscal 

21 year 2021 budget justification and on Departmental Web 

22 sites information concerning the employment of full-time 

23 equivalent Federal employees or contractors for the purposes 

24 of implementing, administering, enforcing, or otherwise 

25 carrying out the provisions of the ACA, and the amend-
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1 ments made by that Act, in the proposed fiscal year and 

2 each fiscal year since the enactment of the ACA. 

3 (b) With respect to employees or contractors supported 

4 by all funds appropriated for purposes of carrying out the 

5 ACA (and the amendments made by that Act), the Secretary 

6 shall include, at a minimum, the following information: 

7 (1) For each such fiscal year, the section of such 

8 Act under which such funds were appropriated, a 

9 statement indicating the program, project, or activity 

10 receiving such funds, the Federal operating division 

11 or office that administers such program, and the 

12 amount of funding received in discretionary or man13 datory appropriations. 

14 (2) For each such fiscal year, the number of full15 time equivalent employees or contracted employees as16 signed to each authorized and funded provision de17 tailed in accordance with paragraph (1). 

18 (c) In carrying out this section, the Secretary may ex19 clude from the report employees or contractors who— 

20 (1) are supported through appropriations en21 acted in laws other than the ACA and work on pro22 grams that existed prior to the passage of the ACA; 

23 (2) spend less than 50 percent of their time on 

24 activities funded by or newly authorized in the ACA; 

25 or 
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1 (3) work on contracts for which FTE reporting 

2 is not a requirement of their contract, such as fixed3 price contracts. 

4 SEC. 220. The Secretary shall publish, as part of the 

5 fiscal year 2021 budget of the President submitted under 

6 section 1105(a) of title 31, United States Code, information 

7 that details the uses of all funds used by the Centers for 

8 Medicare & Medicaid Services specifically for Health Insur9 ance Exchanges for each fiscal year since the enactment of 

10 the ACA and the proposed uses for such funds for fiscal year 

11 2021. Such information shall include, for each such fiscal 

12 year, the amount of funds used for each activity specified 

13 under the heading ‘‘Health Insurance Exchange Trans14 parency’’ in the explanatory statement described in section 

15 4 (in the matter preceding division A of this consolidated 

16 Act). 

17 SEC. 221. None of the funds made available by this 

18 Act from the Federal Hospital Insurance Trust Fund or 

19 the Federal Supplemental Medical Insurance Trust Fund, 

20 or transferred from other accounts funded by this Act to 

21 the ‘‘Centers for Medicare & Medicaid Services—Program 

22 Management’’ account, may be used for payments under 

23 section 1342(b)(1) of Public Law 111–148 (relating to risk 

24 corridors). 
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1 (TRANSFER OF FUNDS)

2 SEC. 222. (a) Within 45 days of enactment of this Act, 

3 the Secretary shall transfer funds appropriated under sec4 tion 4002 of the ACA to the accounts specified, in the 

5 amounts specified, and for the activities specified under the 

6 heading ‘‘Prevention and Public Health Fund’’ in the ex7 planatory statement described in section 4 (in the matter 

8 preceding division A of this consolidated Act). 

9 (b) Notwithstanding section 4002(c) of the ACA, the 

10 Secretary may not further transfer these amounts. 

11 (c) Funds transferred for activities authorized under 

12 section 2821 of the PHS Act shall be made available with13 out reference to section 2821(b) of such Act. 

14 SEC. 223. Effective during the period beginning on No15 vember 1, 2015 and ending January 1, 2022, any provision 

16 of law that refers (including through cross-reference to an17 other provision of law) to the current recommendations of 

18 the United States Preventive Services Task Force with re19 spect to breast cancer screening, mammography, and pre20 vention shall be administered by the Secretary involved as 

21 if— 

22 (1) such reference to such current recommenda23 tions were a reference to the recommendations of such 

24 Task Force with respect to breast cancer screening, 
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1 mammography, and prevention last issued before 

2 2009; and 

3 (2) such recommendations last issued before 2009 

4 applied to any screening mammography modality 

5 under section 1861(jj) of the Social Security Act (42 

6 U.S.C. 1395x(jj)). 

7 SEC. 224. In making Federal financial assistance, the 

8 provisions relating to indirect costs in part 75 of title 45, 

9 Code of Federal Regulations, including with respect to the 

10 approval of deviations from negotiated rates, shall continue 

11 to apply to the National Institutes of Health to the same 

12 extent and in the same manner as such provisions were ap13 plied in the third quarter of fiscal year 2017. None of the 

14 funds appropriated in this or prior Acts or otherwise made 

15 available to the Department of Health and Human Services 

16 or to any department or agency may be used to develop 

17 or implement a modified approach to such provisions, or 

18 to intentionally or substantially expand the fiscal effect of 

19 the approval of such deviations from negotiated rates be20 yond the proportional effect of such approvals in such quar21 ter. 

22 (TRANSFER OF FUNDS)

23 SEC. 225. The NIH Director may transfer funds spe24 cifically appropriated for opioid addiction, opioid alter25 natives, pain management, and addiction treatment to 
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1 other Institutes and Centers of the NIH to be used for the 

2 same purpose 15 days after notifying the Committees on 

3 Appropriations: Provided, That the transfer authority pro4 vided in the previous proviso is in addition to any other 

5 transfer authority provided by law. 

6 SEC. 226. (a) The Secretary shall provide to the Com7 mittees on Appropriations of the House of Representatives 

8 and the Senate: 

9 (1) Detailed monthly enrollment figures from the 

10 Exchanges established under the Patient Protection 

11 and Affordable Care Act of 2010 pertaining to enroll12 ments during the open enrollment period; and 

13 (2) Notification of any new or competitive grant 

14 awards, including supplements, authorized under sec15 tion 330 of the Public Health Service Act. 

16 (b) The Committees on Appropriations of the House 

17 and Senate must be notified at least 2 business days in 

18 advance of any public release of enrollment information or 

19 the award of such grants. 

20 SEC. 227. In addition to the amounts otherwise avail21 able for ‘‘Centers for Medicare & Medicaid Services, Pro22 gram Management’’, the Secretary of Health and Human 

23 Services may transfer up to $305,000,000 to such account 

24 from the Federal Hospital Insurance Trust Fund and the 

25 Federal Supplementary Medical Insurance Trust Fund to 
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1 support program management activity related to the Medi2 care Program: Provided, That except for the foregoing pur3 pose, such funds may not be used to support any provision 

4 of Public Law 111–148 or Public Law 111–152 (or any 

5 amendment made by either such Public Law) or to supplant 

6 any other amounts within such account. 

7 SEC. 228. The Department of Health and Human 

8 Services shall provide the Committees on Appropriations of 

9 the House of Representatives and Senate a biannual report 

10 30 days after enactment of this Act on staffing described 

11 in the explanatory statement described in section 4 (in the 

12 matter preceding division A of this consolidated Act). 

13 SEC. 229. Funds appropriated in this Act that are 

14 available for salaries and expenses of employees of the De15 partment of Health and Human Services shall also be 

16 available to pay travel and related expenses of such an em17 ployee or of a member of his or her family, when such em18 ployee is assigned to duty, in the United States or in a 

19 U.S. territory, during a period and in a location that are 

20 the subject of a determination of a public health emergency 

21 under section 319 of the Public Health Service Act and such 

22 travel is necessary to obtain medical care for an illness, 

23 injury, or medical condition that cannot be adequately ad24 dressed in that location at that time. For purposes of this 

25 section, the term ‘‘U.S. territory’’ means Guam, the Com-
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1 monwealth of Puerto Rico, the Northern Mariana Islands, 

2 the Virgin Islands, American Samoa, or the Trust Territory 

3 of the Pacific Islands. 

4 SEC. 230. The Department of Health and Human 

5 Services may accept donations from the private sector, non6 governmental organizations, and other groups independent 

7 of the Federal Government for the care of unaccompanied 

8 alien children (as defined in section 462(g)(2) of the Home9 land Security Act of 2002 (6 U.S.C. 279(g)(2))) in the care 

10 of the Office of Refugee Resettlement of the Administration 

11 for Children and Families, including medical goods and 

12 services, which may include early childhood developmental 

13 screenings, school supplies, toys, clothing, and any other 

14 items intended to promote the wellbeing of such children. 

15 SEC. 231. (a) None of the funds provided by this or 

16 any prior appropriations Act may be used to reverse 

17 changes in procedures made by operational directives issued 

18 to providers by the Office of Refugee Resettlement on Decem19 ber 18, 2018, March 23, 2019, and June 10, 2019 regarding 

20 the Memorandum of Agreement on Information Sharing ex21 ecuted April 13, 2018. 

22 (b) Notwithstanding subsection (a), the Secretary may 

23 make changes to such operational directives upon making 

24 a determination that such changes are necessary to prevent 

25 unaccompanied alien children from being placed in danger, 
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1 and the Secretary shall provide a written justification to 

2 Congress and the Inspector General of the Department of 

3 Health and Human Services in advance of implementing 

4 such changes. 

5 (c) Within 15 days of the Secretary’s communication 

6 of the justification, the Inspector General of the Department 

7 of Health and Human Services shall provide an assessment, 

8 in writing, to the Secretary and to Committees on Appro9 priations of the House of Representatives and the Senate 

10 of whether such changes to operational directives are nec11 essary to prevent unaccompanied children from being 

12 placed in danger. 

13 SEC. 232. None of the funds made available in this 

14 Act under the heading ‘‘Department of Health and Human 

15 Services—Administration for Children and Families—Ref16 ugee and Entrant Assistance’’ may be obligated to a grantee 

17 or contractor to house unaccompanied alien children (as 

18 such term is defined in section 462(g)(2) of the Homeland 

19 Security Act of 2002 (6 U.S.C. 279(g)(2))) in any facility 

20 that is not State-licensed for the care of unaccompanied 

21 alien children, except in the case that the Secretary deter22 mines that housing unaccompanied alien children in such 

23 a facility is necessary on a temporary basis due to an influx 

24 of such children or an emergency, provided that— 
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1 (1) the terms of the grant or contract for the op2 erations of any such facility that remains in oper3 ation for more than six consecutive months shall re4 quire compliance with— 

5 (A) the same requirements as licensed place6 ments, as listed in Exhibit 1 of the Flores Settle7 ment Agreement that the Secretary determines 

8 are applicable to non-State licensed facilities; 

9 and 

10 (B) staffing ratios of one (1) on-duty Youth 

11 Care Worker for every eight (8) children or youth 

12 during waking hours, one (1) on-duty Youth 

13 Care Worker for every sixteen (16) children or 

14 youth during sleeping hours, and clinician ratios 

15 to children (including mental health providers) 

16 as required in grantee cooperative agreements; 

17 (2) the Secretary may grant a 60-day waiver for 

18 a contractor’s or grantee’s non-compliance with para19 graph (1) if the Secretary certifies and provides a re20 port to Congress on the contractor’s or grantee’s good21 faith efforts and progress towards compliance; 

22 (3) not more than four consecutive waivers under 

23 paragraph (2) may be granted to a contractor or 

24 grantee with respect to a specific facility; 
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1 (4) ORR shall ensure full adherence to the moni2 toring requirements set forth in section 5.5 of its Poli3 cies and Procedures Guide as of May 15, 2019; 

4 (5) for any such unlicensed facility in operation 

5 for more than three consecutive months, ORR shall 

6 conduct a minimum of one comprehensive monitoring 

7 visit during the first three months of operation, with 

8 quarterly monitoring visits thereafter; and 

9 (6) not later than 60 days after the date of en10 actment of this Act, ORR shall brief the Committees 

11 on Appropriations of the House of Representatives 

12 and the Senate outlining the requirements of ORR for 

13 influx facilities including any requirement listed in 

14 paragraph (1)(A) that the Secretary has determined 

15 are not applicable to non-State licensed facilities. 

16 SEC. 233. In addition to the existing Congressional no17 tification for formal site assessments of potential influx fa18 cilities, the Secretary shall notify the Committees on Appro19 priations of the House of Representatives and the Senate 

20 at least 15 days before operationalizing an unlicensed facil21 ity, and shall (1) specify whether the facility is hard-sided 

22 or soft-sided, and (2) provide analysis that indicates that, 

23 in the absence of the influx facility, the likely outcome is 

24 that unaccompanied alien children will remain in the cus25 tody of the Department of Homeland Security for longer 
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1 than 72 hours or that unaccompanied alien children will 

2 be otherwise placed in danger. Within 60 days of bringing 

3 such a facility online, and monthly thereafter, the Secretary 

4 shall provide to the Committees on Appropriations of the 

5 House of Representatives and the Senate a report detailing 

6 the total number of children in care at the facility, the aver7 age length of stay and average length of care of children 

8 at the facility, and, for any child that has been at the facil9 ity for more than 60 days, their length of stay and reason 

10 for delay in release. 

11 SEC. 234. None of the funds made available in this 

12 Act may be used to prevent a United States Senator or 

13 Member of the House of Representatives from entering, for 

14 the purpose of conducting oversight, any facility in the 

15 United States used for the purpose of maintaining custody 

16 of, or otherwise housing, unaccompanied alien children (as 

17 defined in section 462(g)(2) of the Homeland Security Act 

18 of 2002 (6 U.S.C. 279(g)(2))), provided that such Senator 

19 or Member has coordinated the oversight visit with the Of20 fice of Refugee Resettlement not less than two business days 

21 in advance to ensure that such visit would not interfere 

22 with the operations (including child welfare and child safe23 ty operations) of such facility. 

24 SEC. 235. Not later than 14 days after the date of en25 actment of this Act, and monthly thereafter, the Secretary 
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1 shall submit to the Committees on Appropriations of the 

2 House of Representatives and the Senate, and make pub3 licly available online, a report with respect to children who 

4 were separated from their parents or legal guardians by the 

5 Department of Homeland Security (DHS) (regardless of 

6 whether or not such separation was pursuant to an option 

7 selected by the children, parents, or guardians), subse8 quently classified as unaccompanied alien children, and 

9 transferred to the care and custody of ORR during the pre10 vious month. Each report shall contain the following infor11 mation: 

12 (1) the number and ages of children so separated 

13 subsequent to apprehension at or between ports of 

14 entry, to be reported by sector where separation oc15 curred; and 

16 (2) the documented cause of separation, as re17 ported by DHS when each child was referred. 

18 SEC. 236. Funds appropriated in this Act that are 

19 available for salaries and expenses of employees of the Cen20 ters for Disease Control and Prevention shall also be avail21 able for the primary and secondary schooling of eligible de22 pendents of personnel stationed in a U.S. territory as de23 fined in section 229 of this Act at costs not in excess of 

24 those paid for or reimbursed by the Department of Defense. 
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1 SEC. 237. Of the unobligated balances available in the 

2 ‘‘Nonrecurring Expenses Fund’’ established in section 223 

3 of division G of Public Law 110–161, $225,000,000, in ad4 dition to any funds otherwise made available for such pur5 pose in this or subsequent fiscal years, shall be available 

6 for buildings and facilities at the National Institutes of 

7 Health. 

8 SEC. 238. Of the unobligated balances available in the 

9 ‘‘Nonrecurring Expenses Fund’’ established in section 223 

10 of division G of Public Law 110–161, $225,000,000, shall 

11 be available for acquisition of real property, equipment, 

12 construction, demolition, installation, renovation of facili13 ties, and related infrastructure improvements for the Cen14 ters for Disease Control and Prevention’s Chamblee Cam15 pus. 

16 SEC. 239. Of the funds provided under the heading 

17 ‘‘CDC-Wide Activities and Program Support’’, 

18 $85,000,000, to remain available until expended, shall be 

19 available to the Director of the CDC for deposit in the Infec20 tious Diseases Rapid Response Reserve Fund established by 

21 section 231 of division B of Public Law 115–245: Provided, 

22 That such amount may be available for Ebola preparedness 

23 and response activities without regard to the limitations in 

24 the third proviso in such section 231. 
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1 (RESCISSION)

2 SEC. 240. Of the unobligated balances in the ‘‘Non3 recurring Expenses Fund’’ established in section 223 of di4 vision G of Public Law 110–161, $350,000,000 are hereby 

5 rescinded not later than September 30, 2020. 

6 This title may be cited as the ‘‘Department of Health 

7 and Human Services Appropriations Act, 2020’’. 

8 TITLE III 

9 DEPARTMENT OF EDUCATION 

10 EDUCATION FOR THE DISADVANTAGED

11 For carrying out title I and subpart 2 of part B of 

12 title II of the Elementary and Secondary Education Act 

13 of 1965 (referred to in this Act as ‘‘ESEA’’) and section 

14 418A of the Higher Education Act of 1965 (referred to in 

15 this Act as ‘‘HEA’’), $16,996,790,000, of which 

16 $6,077,990,000 shall become available on July 1, 2020, and 

17 shall remain available through September 30, 2021, and of 

18 which $10,841,177,000 shall become available on October 1, 

19 2020, and shall remain available through September 30, 

20 2021, for academic year 2020–2021: Provided, That 

21 $6,459,401,000 shall be for basic grants under section 1124 

22 of the ESEA: Provided further, That up to $5,000,000 of 

23 these funds shall be available to the Secretary of Education 

24 (referred to in this title as ‘‘Secretary’’) on October 1, 2019, 

25 to obtain annually updated local educational agency-level 
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1 census poverty data from the Bureau of the Census: Pro2 vided further, That $1,362,301,000 shall be for concentra3 tion grants under section 1124A of the ESEA: Provided fur4 ther, That $4,244,050,000 shall be for targeted grants under 

5 section 1125 of the ESEA: Provided further, That 

6 $4,244,050,000 shall be for education finance incentive 

7 grants under section 1125A of the ESEA: Provided further, 

8 That $219,000,000 shall be for carrying out subpart 2 of 

9 part B of title II: Provided further, That $45,623,000 shall 

10 be for carrying out section 418A of the HEA. 

11 IMPACT AID

12 For carrying out programs of financial assistance to 

13 federally affected schools authorized by title VII of the 

14 ESEA, $1,486,112,000, of which $1,340,242,000 shall be for 

15 basic support payments under section 7003(b), $48,316,000 

16 shall be for payments for children with disabilities under 

17 section 7003(d), $17,406,000 shall be for construction under 

18 section 7007(a), $75,313,000 shall be for Federal property 

19 payments under section 7002, and $4,835,000, to remain 

20 available until expended, shall be for facilities maintenance 

21 under section 7008: Provided, That for purposes of com22 puting the amount of a payment for an eligible local edu23 cational agency under section 7003(a) for school year 2019– 

24 2020, children enrolled in a school of such agency that 

25 would otherwise be eligible for payment under section 
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1 7003(a)(1)(B) of such Act, but due to the deployment of both 

2 parents or legal guardians, or a parent or legal guardian 

3 having sole custody of such children, or due to the death 

4 of a military parent or legal guardian while on active duty 

5 (so long as such children reside on Federal property as de6 scribed in section 7003(a)(1)(B)), are no longer eligible 

7 under such section, shall be considered as eligible students 

8 under such section, provided such students remain in aver9 age daily attendance at a school in the same local edu10 cational agency they attended prior to their change in eligi11 bility status. 

12 SCHOOL IMPROVEMENT PROGRAMS

13 For carrying out school improvement activities author14 ized by part B of title I, part A of title II, subpart 1 of 

15 part A of title IV, part B of title IV, part B of title V, 

16 and parts B and C of title VI of the ESEA; the McKinney17 Vento Homeless Assistance Act; section 203 of the Edu18 cational Technical Assistance Act of 2002; the Compact of 

19 Free Association Amendments Act of 2003; and the Civil 

20 Rights Act of 1964, $5,404,967,000, of which 

21 $3,575,402,000 shall become available on July 1, 2020, and 

22 remain available through September 30, 2021, and of which 

23 $1,681,441,000 shall become available on October 1, 2020, 

24 and shall remain available through September 30, 2021, for 

25 academic year 2020–2021: Provided, That $378,000,000 
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1 shall be for part B of title I: Provided further, That 

2 $1,249,673,000 shall be for part B of title IV: Provided fur3 ther, That $36,897,000 shall be for part B of title VI, which 

4 may be used for construction, renovation, and moderniza5 tion of any public elementary school, secondary school, or 

6 structure related to a public elementary school or secondary 

7 school that serves a predominantly Native Hawaiian stu8 dent body, and that the 5 percent limitation in section 

9 6205(b) of the ESEA on the use of funds for administrative 

10 purposes shall apply only to direct administrative costs: 

11 Provided further, That $35,953,000 shall be for part C of 

12 title VI, which shall be awarded on a competitive basis, and 

13 may be used for construction, and that the 5 percent limita14 tion in section 6305 of the ESEA on the use of funds for 

15 administrative purposes shall apply only to direct adminis16 trative costs: Provided further, That $52,000,000 shall be 

17 available to carry out section 203 of the Educational Tech18 nical Assistance Act of 2002 and the Secretary shall make 

19 such arrangements as determined to be necessary to ensure 

20 that the Bureau of Indian Education has access to services 

21 provided under this section: Provided further, That 

22 $16,699,000 shall be available to carry out the Supple23 mental Education Grants program for the Federated States 

24 of Micronesia and the Republic of the Marshall Islands: 

25 Provided further, That the Secretary may reserve up to 5 
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1 percent of the amount referred to in the previous proviso 

2 to provide technical assistance in the implementation of 

3 these grants: Provided further, That $185,840,000 shall be 

4 for part B of title V: Provided further, That $1,210,000,000 

5 shall be available for grants under subpart 1 of part A of 

6 title IV. 

7 INDIAN EDUCATION

8 For expenses necessary to carry out, to the extent not 

9 otherwise provided, title VI, part A of the ESEA, 

10 $180,739,000, of which $67,993,000 shall be for subpart 2 

11 of part A of title VI and $7,365,000 shall be for subpart 

12 3 of part A of title VI: Provided, That the 5 percent limita13 tion in sections 6115(d), 6121(e), and 6133(g) of the ESEA 

14 on the use of funds for administrative purposes shall apply 

15 only to direct administrative costs. 

16 INNOVATION AND IMPROVEMENT

17 For carrying out activities authorized by subparts 1, 

18 3 and 4 of part B of title II, and parts C, D, and E and 

19 subparts 1 and 4 of part F of title IV of the ESEA, 

20 $1,103,815,000: Provided, That $284,815,000 shall be for 

21 subparts 1, 3 and 4 of part B of title II and shall be made 

22 available without regard to sections 2201, 2231(b) and 

23 2241: Provided further, That $629,000,000 shall be for parts 

24 C, D, and E and subpart 4 of part F of title IV, and shall 

25 be made available without regard to sections 4311, 4409(a), 
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1 and 4601 of the ESEA: Provided further, That section 

2 4303(d)(3)(A)(i) shall not apply to the funds available for 

3 part C of title IV: Provided further, That of the funds avail4 able for part C of title IV, the Secretary shall use 

5 $60,000,000 to carry out section 4304, of which not more 

6 than $10,000,000 shall be available to carry out section 

7 4304(k), $140,000,000, to remain available through March 

8 31, 2021, to carry out section 4305(b), and not more than 

9 $15,000,000 to carry out the activities in section 

10 4305(a)(3): Provided further, That notwithstanding section 

11 4601(b), $190,000,000 shall be available through December 

12 31, 2020 for subpart 1 of part F of title IV. 

13 SAFE SCHOOLS AND CITIZENSHIP EDUCATION

14 For carrying out activities authorized by subparts 2 

15 and 3 of part F of title IV of the ESEA, $210,000,000: Pro16 vided, That $105,000,000 shall be available for section 

17 4631, of which up to $5,000,000, to remain available until 

18 expended, shall be for the Project School Emergency Re19 sponse to Violence (Project SERV) program: Provided fur20 ther, That $25,000,000 shall be available for section 4625: 

21 Provided further, That $80,000,000 shall be available 

22 through December 31, 2020, for section 4624, of which 

23 $6,000,000 shall be for additional two-year extension 

24 awards to grantees that received such awards in fiscal year 

25 2018. 
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1 ENGLISH LANGUAGE ACQUISITION

2 For carrying out part A of title III of the ESEA, 

3 $787,400,000, which shall become available on July 1, 2020, 

4 and shall remain available through September 30, 2021, ex5 cept that 6.5 percent of such amount shall be available on 

6 October 1, 2019, and shall remain available through Sep7 tember 30, 2021, to carry out activities under section 

8 3111(c)(1)(C). 

9 SPECIAL EDUCATION

10 For carrying out the Individuals with Disabilities 

11 Education Act (IDEA) and the Special Olympics Sport 

12 and Empowerment Act of 2004, $13,885,228,000, of which 

13 $4,352,129,000 shall become available on July 1, 2020, and 

14 shall remain available through September 30, 2021, and of 

15 which $9,283,383,000 shall become available on October 1, 

16 2020, and shall remain available through September 30, 

17 2021, for academic year 2020–2021: Provided, That the 

18 amount for section 611(b)(2) of the IDEA shall be equal 

19 to the lesser of the amount available for that activity during 

20 fiscal year 2019, increased by the amount of inflation as 

21 specified in section 619(d)(2)(B) of the IDEA, or the per22 cent change in the funds appropriated under section 611(i) 

23 of the IDEA, but not less than the amount for that activity 

24 during fiscal year 2019: Provided further, That the Sec25 retary shall, without regard to section 611(d) of the IDEA, 
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1 distribute to all other States (as that term is defined in 

2 section 611(g)(2)), subject to the third proviso, any amount 

3 by which a State’s allocation under section 611, from funds 

4 appropriated under this heading, is reduced under section 

5 612(a)(18)(B), according to the following: 85 percent on the 

6 basis of the States’ relative populations of children aged 3 

7 through 21 who are of the same age as children with disabil8 ities for whom the State ensures the availability of a free 

9 appropriate public education under this part, and 15 per10 cent to States on the basis of the States’ relative populations 

11 of those children who are living in poverty: Provided fur12 ther, That the Secretary may not distribute any funds 

13 under the previous proviso to any State whose reduction 

14 in allocation from funds appropriated under this heading 

15 made funds available for such a distribution: Provided fur16 ther, That the States shall allocate such funds distributed 

17 under the second proviso to local educational agencies in 

18 accordance with section 611(f): Provided further, That the 

19 amount by which a State’s allocation under section 611(d) 

20 of the IDEA is reduced under section 612(a)(18)(B) and 

21 the amounts distributed to States under the previous pro22 visos in fiscal year 2012 or any subsequent year shall not 

23 be considered in calculating the awards under section 

24 611(d) for fiscal year 2013 or for any subsequent fiscal 

25 years: Provided further, That, notwithstanding the provi-
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1 sion in section 612(a)(18)(B) regarding the fiscal year in 

2 which a State’s allocation under section 611(d) is reduced 

3 for failure to comply with the requirement of section 

4 612(a)(18)(A), the Secretary may apply the reduction spec5 ified in section 612(a)(18)(B) over a period of consecutive 

6 fiscal years, not to exceed five, until the entire reduction 

7 is applied: Provided further, That the Secretary may, in 

8 any fiscal year in which a State’s allocation under section 

9 611 is reduced in accordance with section 612(a)(18)(B), 

10 reduce the amount a State may reserve under section 

11 611(e)(1) by an amount that bears the same relation to the 

12 maximum amount described in that paragraph as the re13 duction under section 612(a)(18)(B) bears to the total allo14 cation the State would have received in that fiscal year 

15 under section 611(d) in the absence of the reduction: Pro16 vided further, That the Secretary shall either reduce the al17 location of funds under section 611 for any fiscal year fol18 lowing the fiscal year for which the State fails to comply 

19 with the requirement of section 612(a)(18)(A) as authorized 

20 by section 612(a)(18)(B), or seek to recover funds under sec21 tion 452 of the General Education Provisions Act (20 

22 U.S.C. 1234a): Provided further, That the funds reserved 

23 under 611(c) of the IDEA may be used to provide technical 

24 assistance to States to improve the capacity of the States 

25 to meet the data collection requirements of sections 616 and 
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1 618 and to administer and carry out other services and ac2 tivities to improve data collection, coordination, quality, 

3 and use under parts B and C of the IDEA: Provided fur4 ther, That the Secretary may use funds made available for 

5 the State Personnel Development Grants program under 

6 part D, subpart 1 of IDEA to evaluate program perform7 ance under such subpart: Provided further, That States 

8 may use funds reserved for other State-level activities under 

9 sections 611(e)(2) and 619(f) of the IDEA to make sub10 grants to local educational agencies, institutions of higher 

11 education, other public agencies, and private non-profit or12 ganizations to carry out activities authorized by those sec13 tions: Provided further, That, notwithstanding section 

14 643(e)(2)(A) of the IDEA, if 5 or fewer States apply for 

15 grants pursuant to section 643(e) of such Act, the Secretary 

16 shall provide a grant to each State in an amount equal 

17 to the maximum amount described in section 643(e)(2)(B) 

18 of such Act: Provided further, That if more than 5 States 

19 apply for grants pursuant to section 643(e) of the IDEA, 

20 the Secretary shall award funds to those States on the basis 

21 of the States’ relative populations of infants and toddlers 

22 except that no such State shall receive a grant in excess 

23 of the amount described in section 643(e)(2)(B) of such Act. 
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1 REHABILITATION SERVICES

2 For carrying out, to the extent not otherwise provided, 

3 the Rehabilitation Act of 1973 and the Helen Keller Na4 tional Center Act, $3,747,739,000, of which $3,610,040,000 

5 shall be for grants for vocational rehabilitation services 

6 under title I of the Rehabilitation Act: Provided, That the 

7 Secretary may use amounts provided in this Act that re8 main available subsequent to the reallotment of funds to 

9 States pursuant to section 110(b) of the Rehabilitation Act 

10 for innovative activities aimed at improving the outcomes 

11 of individuals with disabilities as defined in section 

12 7(20)(B) of the Rehabilitation Act, including activities 

13 aimed at improving the education and post-school outcomes 

14 of children receiving Supplemental Security Income 

15 (‘‘SSI’’) and their families that may result in long-term 

16 improvement in the SSI child recipient’s economic status 

17 and self-sufficiency: Provided further, That States may 

18 award subgrants for a portion of the funds to other public 

19 and private, nonprofit entities: Provided further, That any 

20 funds made available subsequent to reallotment for innova21 tive activities aimed at improving the outcomes of individ22 uals with disabilities shall remain available until Sep23 tember 30, 2021. 
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1 SPECIAL INSTITUTIONS FOR PERSONS WITH DISABILITIES

2 AMERICAN PRINTING HOUSE FOR THE BLIND

3 For carrying out the Act to Promote the Education 

4 of the Blind of March 3, 1879, $32,431,000. 

5 NATIONAL TECHNICAL INSTITUTE FOR THE DEAF

6 For the National Technical Institute for the Deaf 

7 under titles I and II of the Education of the Deaf Act of 

8 1986, $79,500,000: Provided, That from the total amount 

9 available, the Institute may at its discretion use funds for 

10 the endowment program as authorized under section 207 

11 of such Act. 

12 GALLAUDET UNIVERSITY

13 For the Kendall Demonstration Elementary School, 

14 the Model Secondary School for the Deaf, and the partial 

15 support of Gallaudet University under titles I and II of 

16 the Education of the Deaf Act of 1986, $137,361,000: Pro17 vided, That from the total amount available, the University 

18 may at its discretion use funds for the endowment program 

19 as authorized under section 207 of such Act. 

20 CAREER, TECHNICAL, AND ADULT EDUCATION

21 For carrying out, to the extent not otherwise provided, 

22 the Carl D. Perkins Career and Technical Education Act 

23 of 2006 (‘‘Perkins Act’’) and the Adult Education and Fam24 ily Literacy Act (‘‘AEFLA’’), $1,960,686,000, of which 

25 $1,169,686,000 shall become available on July 1, 2020, and 
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1 shall remain available through September 30, 2021, and of 

2 which $791,000,000 shall become available on October 1, 

3 2020, and shall remain available through September 30, 

4 2021: Provided, That of the amounts made available for 

5 AEFLA, $13,712,000 shall be for national leadership activi6 ties under section 242. 

7 STUDENT FINANCIAL ASSISTANCE

8 For carrying out subparts 1, 3, and 10 of part A, and 

9 part C of title IV of the HEA, $24,520,352,000 which shall 

10 remain available through September 30, 2021. 

11 The maximum Pell Grant for which a student shall 

12 be eligible during award year 2020–2021 shall be $5,285. 

13 STUDENT AID ADMINISTRATION

14 For Federal administrative expenses to carry out part 

15 D of title I, and subparts 1, 3, 9, and 10 of part A, and 

16 parts B, C, D, and E of title IV of the HEA, and subpart 

17 1 of part A of title VII of the Public Health Service Act, 

18 $1,768,943,000, to remain available through September 30, 

19 2021: Provided, That the Secretary shall allocate new stu20 dent loan borrower accounts to eligible student loan 

21 servicers on the basis of their past performance compared 

22 to all loan servicers utilizing established common metrics, 

23 and on the basis of the capacity of each servicer to process 

24 new and existing accounts: Provided further, That for stu25 dent loan contracts awarded prior to October 1, 2017, the 
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1 Secretary shall allow student loan borrowers who are con2 solidating Federal student loans to select from any student 

3 loan servicer to service their new consolidated student loan: 

4 Provided further, That in order to promote accountability 

5 and high-quality service to borrowers, the Secretary shall 

6 not award funding for any contract solicitation for a new 

7 Federal student loan servicing environment, including the 

8 solicitation for the Federal Student Aid (FSA) Next Gen9 eration Processing and Servicing Environment, unless such 

10 an environment provides for the participation of multiple 

11 student loan servicers that contract directly with the De12 partment of Education to manage a unique portfolio of bor13 rower accounts and the full life-cycle of loans from disburse14 ment to pay-off with certain limited exceptions, and allo15 cates student loan borrower accounts to eligible student loan 

16 servicers based on performance: Provided further, That the 

17 Department shall re-allocate accounts from servicers for re18 curring non-compliance with FSA guidelines, contractual 

19 requirements, and applicable laws, including for failure to 

20 sufficiently inform borrowers of available repayment op21 tions: Provided further, That such servicers shall be evalu22 ated based on their ability to meet contract requirements 

23 (including an understanding of Federal and State law), fu24 ture performance on the contracts, and history of compli25 ance with applicable consumer protections laws: Provided 
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1 further, That to the extent FSA permits student loan serv2 icing subcontracting, FSA shall hold prime contractors ac3 countable for meeting the requirements of the contract, and 

4 the performance and expectations of subcontractors shall be 

5 accounted for in the prime contract and in the overall per6 formance of the prime contractor: Provided further, That 

7 FSA shall ensure that the Next Generation Processing and 

8 Servicing Environment, or any new Federal loan servicing 

9 environment, incentivize more support to borrowers at risk 

10 of delinquency or default: Provided further, That FSA shall 

11 ensure that in such environment contractors have the capac12 ity to meet and are held accountable for performance on 

13 service levels; are held accountable for and have a history 

14 of compliance with applicable consumer protection laws; 

15 and have relevant experience and demonstrated effective16 ness: Provided further, That the Secretary shall provide 

17 quarterly briefings to the Committees on Appropriations 

18 and Education and Labor of the House of Representatives 

19 and the Committees on Appropriations and Health, Edu20 cation, Labor, and Pensions of the Senate on general 

21 progress related to solicitations for Federal student loan 

22 servicing contracts: Provided further, That FSA shall 

23 strengthen transparency through expanded publication of 

24 aggregate data on student loan and servicer performance. 
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1 HIGHER EDUCATION

2 For carrying out, to the extent not otherwise provided, 

3 titles II, III, IV, V, VI, VII, and VIII of the HEA, the Mu4 tual Educational and Cultural Exchange Act of 1961, and 

5 section 117 of the Perkins Act, $2,475,792,000, of which 

6 $24,500,000 shall remain available through December 31, 

7 2020: Provided, That notwithstanding any other provision 

8 of law, funds made available in this Act to carry out title 

9 VI of the HEA and section 102(b)(6) of the Mutual Edu10 cational and Cultural Exchange Act of 1961 may be used 

11 to support visits and study in foreign countries by individ12 uals who are participating in advanced foreign language 

13 training and international studies in areas that are vital 

14 to United States national security and who plan to apply 

15 their language skills and knowledge of these countries in 

16 the fields of government, the professions, or international 

17 development: Provided further, That of the funds referred 

18 to in the preceding proviso up to 1 percent may be used 

19 for program evaluation, national outreach, and informa20 tion dissemination activities: Provided further, That up to 

21 1.5 percent of the funds made available under chapter 2 

22 of subpart 2 of part A of title IV of the HEA may be used 

23 for evaluation. 
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1 HOWARD UNIVERSITY

2 For partial support of Howard University, 

3 $240,018,000, of which not less than $3,405,000 shall be for 

4 a matching endowment grant pursuant to the Howard Uni5 versity Endowment Act and shall remain available until 

6 expended. 

7 COLLEGE HOUSING AND ACADEMIC FACILITIES LOANS

8 PROGRAM

9 For Federal administrative expenses to carry out ac10 tivities related to existing facility loans pursuant to section 

11 121 of the HEA, $435,000. 

12 HISTORICALLY BLACK COLLEGE AND UNIVERSITY CAPITAL

13 FINANCING PROGRAM ACCOUNT

14 For the cost of guaranteed loans, $20,150,000, as au15 thorized pursuant to part D of title III of the HEA, which 

16 shall remain available through September 30, 2021: Pro17 vided, That such costs, including the cost of modifying such 

18 loans, shall be as defined in section 502 of the Congressional 

19 Budget Act of 1974: Provided further, That these funds are 

20 available to subsidize total loan principal, any part of 

21 which is to be guaranteed, not to exceed $212,100,000: Pro22 vided further, That these funds may be used to support 

23 loans to public and private Historically Black Colleges and 

24 Universities without regard to the limitations within sec25 tion 344(a) of the HEA. 
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1 In addition, $16,000,000 shall be made available to 

2 provide for the deferment of loans made under part D of 

3 title III of the HEA to eligible institutions that are private 

4 Historically Black Colleges and Universities, which apply 

5 for the deferment of such a loan and demonstrate financial 

6 need for such deferment by having a score of 2.6 or less 

7 on the Department of Education’s financial responsibility 

8 test: Provided, That the loan has not been paid in full and 

9 is not paid in full during the period of deferment: Provided 

10 further, That during the period of deferment of such a loan, 

11 interest on the loan will not accrue or be capitalized, and 

12 the period of deferment shall be for at least a period of 3- 

13 fiscal years and not more than 6-fiscal years: Provided fur14 ther, That funds available under this paragraph shall be 

15 used to fund eligible deferment requests submitted for this 

16 purpose in fiscal year 2018: Provided further, That the Sec17 retary shall create and execute an outreach plan to work 

18 with States and the Capital Financing Advisory Board to 

19 improve outreach to States and help additional public His20 torically Black Colleges and Universities participate in the 

21 program. 

22 In addition, $10,000,000 shall be made available to 

23 provide for the deferment of loans made under part D of 

24 title III of the HEA to eligible institutions that are public 

25 Historically Black Colleges and Universities, which apply 
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•HR 1865 EAH 

1 for the deferment of such a loan and demonstrate financial 

2 need for such deferment, which shall be determined by the 

3 Secretary of Education based on factors including, but not 

4 limited to, equal to or greater than 5 percent of the school’s 

5 operating revenue relative to its annual debt service pay6 ment: Provided, That during the period of deferment of such 

7 a loan, interest on the loan will not accrue or be capitalized, 

8 and the period of deferment shall be for at least a period 

9 of 3-fiscal years and not more than 6-fiscal years. 

10 In addition, for administrative expenses to carry out 

11 the Historically Black College and University Capital Fi12 nancing Program entered into pursuant to part D of title 

13 III of the HEA, $334,000. 

14 INSTITUTE OF EDUCATION SCIENCES

15 For carrying out activities authorized by the Edu16 cation Sciences Reform Act of 2002, the National Assess17 ment of Educational Progress Authorization Act, section 

18 208 of the Educational Technical Assistance Act of 2002, 

19 and section 664 of the Individuals with Disabilities Edu20 cation Act, $623,462,000, which shall remain available 

21 through September 30, 2021: Provided, That funds available 

22 to carry out section 208 of the Educational Technical As23 sistance Act may be used to link Statewide elementary and 

24 secondary data systems with early childhood, postsec25 ondary, and workforce data systems, or to further develop 
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1 such systems: Provided further, That up to $6,000,000 of 

2 the funds available to carry out section 208 of the Edu3 cational Technical Assistance Act may be used for awards 

4 to public or private organizations or agencies to support 

5 activities to improve data coordination, quality, and use 

6 at the local, State, and national levels. 

7 DEPARTMENTAL MANAGEMENT

8 PROGRAM ADMINISTRATION

9 For carrying out, to the extent not otherwise provided, 

10 the Department of Education Organization Act, including 

11 rental of conference rooms in the District of Columbia and 

12 hire of three passenger motor vehicles, $430,000,000: Pro13 vided, That, notwithstanding any other provision of law, 

14 none of the funds provided by this Act or provided by pre15 vious Appropriations Acts to the Department of Education 

16 available for obligation or expenditure in the current fiscal 

17 year may be used for any activity relating to implementing 

18 a reorganization that decentralizes, reduces the staffing 

19 level, or alters the responsibilities, structure, authority, or 

20 functionality of the Budget Service of the Department of 

21 Education, relative to the organization and operation of the 

22 Budget Service as in effect on January 1, 2018. 
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1 OFFICE FOR CIVIL RIGHTS

2 For expenses necessary for the Office for Civil Rights, 

3 as authorized by section 203 of the Department of Edu4 cation Organization Act, $130,000,000. 

5 OFFICE OF INSPECTOR GENERAL

6 For expenses necessary for the Office of Inspector Gen7 eral, as authorized by section 212 of the Department of 

8 Education Organization Act, $63,000,000. 

9 GENERAL PROVISIONS

10 SEC. 301. No funds appropriated in this Act may be 

11 used to prevent the implementation of programs of vol12 untary prayer and meditation in the public schools. 

13 (TRANSFER OF FUNDS)

14 SEC. 302. Not to exceed 1 percent of any discretionary 

15 funds (pursuant to the Balanced Budget and Emergency 

16 Deficit Control Act of 1985) which are appropriated for the 

17 Department of Education in this Act may be transferred 

18 between appropriations, but no such appropriation shall be 

19 increased by more than 3 percent by any such transfer: Pro20 vided, That the transfer authority granted by this section 

21 shall not be used to create any new program or to fund 

22 any project or activity for which no funds are provided in 

23 this Act: Provided further, That the Committees on Appro24 priations of the House of Representatives and the Senate 

25 are notified at least 15 days in advance of any transfer. 
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•HR 1865 EAH 

1 SEC. 303. Funds appropriated in this Act and consoli2 dated for evaluation purposes under section 8601(c) of the 

3 ESEA shall be available from July 1, 2020, through Sep4 tember 30, 2021. 

5 SEC. 304. (a) An institution of higher education that 

6 maintains an endowment fund supported with funds appro7 priated for title III or V of the HEA for fiscal year 2020 

8 may use the income from that fund to award scholarships 

9 to students, subject to the limitation in section 

10 331(c)(3)(B)(i) of the HEA. The use of such income for such 

11 purposes, prior to the enactment of this Act, shall be consid12 ered to have been an allowable use of that income, subject 

13 to that limitation. 

14 (b) Subsection (a) shall be in effect until titles III and 

15 V of the HEA are reauthorized. 

16 SEC. 305. Section 114(f) of the HEA (20 U.S.C. 

17 1011c(f)) is amended by striking ‘‘2019’’ and inserting 

18 ‘‘2020’’. 

19 SEC. 306. Section 458(a) of the HEA (20 U.S.C. 

20 1087h(a)) is amended in paragraph (4) by striking ‘‘2019’’ 

21 and inserting ‘‘2020’’. 

22 SEC. 307. Funds appropriated in this Act under the 

23 heading ‘‘Student Aid Administration’’ may be available 

24 for payments for student loan servicing to an institution 

25 of higher education that services outstanding Federal Per-
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1 kins Loans under part E of title IV of the Higher Education 

2 Act of 1965 (20 U.S.C. 1087aa et seq.). 

3 (RESCISSION)

4 SEC. 308. Of the unobligated balances available under 

5 the heading ‘‘Student Financial Assistance’’ for carrying 

6 out subpart 1 of part A of title IV of the HEA, $500,000,000 

7 are hereby rescinded. 

8 SEC. 309. Of the amounts appropriated under Section 

9 401(b)(7)(A)(iv)(X) of the Higher Education Act of 1965 

10 (20 U.S.C. 1070a(b)(7)(A)(iv)(X)), $50,000,000 are hereby 

11 rescinded. 

12 SEC. 310. The Elementary and Secondary Education 

13 Act of 1965 (20 U.S.C. 6301 et seq) is amended—(1) in 

14 the part heading for part B of title IV, by inserting ‘‘NITA 

15 M. LOWEY’’ before ‘‘21ST’’; and (2) in the table of contents 

16 of that Act, by striking the part heading for part B of title 

17 IV and inserting the following: ‘‘PART B—NITA M. 

18 LOWEY 21ST CENTURY COMMUNITY LEARNING 

19 CENTERS’’. 

20 SEC. 311. (a) IN GENERAL.—For the purpose of car21 rying out 34 CFR §668.206(a)(1), the Secretary of Edu22 cation may waive the requirements under 34 CFR 

23 §668.213(b)(1) for an institution of higher education that 

24 offers an associate degree, is a public institution, and is 

25 located in an economically distressed county, defined as a 
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•HR 1865 EAH 

1 county with a poverty rate of at least 25 percent based on 

2 the U.S. Census Bureau’s Small Area Income and Poverty 

3 Estimate program data for 2017 that was impacted by 

4 Hurricane Matthew. 

5 (b) APPLICABILITY.—Subsection (a) shall apply to an 

6 institution of higher education that otherwise would be in7 eligible to participate in a program under part D of title 

8 IV of the Higher Education Act of 1965 on or after the 

9 date of enactment of this Act due to the application of 34 

10 CFR §668.206(a)(1). 

11 (c) COVERAGE.—This section shall be in effect for the 

12 period covered by this Act and for the succeeding fiscal year. 

13 SEC. 312. Of the amounts made available under this 

14 title under the heading ‘‘Student Aid Administration’’, 

15 $2,300,000 shall be used by the Secretary of Education to 

16 conduct outreach to borrowers of loans made under part D 

17 of title IV of the Higher Education Act of 1965 who may 

18 intend to qualify for loan cancellation under section 455(m) 

19 of such Act (20 U.S.C. 1087e(m)), to ensure that borrowers 

20 are meeting the terms and conditions of such loan cancella21 tion: Provided, That the Secretary shall specifically conduct 

22 outreach to assist borrowers who would qualify for loan can23 cellation under section 455(m) of such Act except that the 

24 borrower has made some, or all, of the 120 required pay25 ments under a repayment plan that is not described under 
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1 section 455(m)(A) of such Act, to encourage borrowers to 

2 enroll in a qualifying repayment plan: Provided further, 

3 That the Secretary shall also communicate to all Direct 

4 Loan borrowers the full requirements of section 455(m) of 

5 such Act and improve the filing of employment certification 

6 by providing improved outreach and information such as 

7 outbound calls, electronic communications, ensuring promi8 nent access to program requirements and benefits on each 

9 servicer’s website, and creating an option for all borrowers 

10 to complete the entire payment certification process elec11 tronically and on a centralized website. 

12 SEC. 313. None of the funds made available by this 

13 Act may be used in contravention of section 203 of the De14 partment of Education Organization Act (20 U.S.C. 3413). 

15 SEC. 314. For an additional amount for ‘‘Department 

16 of Education—Federal Direct Student Loan Program Ac17 count’’, $50,000,000, to remain available until expended, 

18 shall be for the cost, as defined under section 502 of the 

19 Congressional Budget Act of 1974, of the Secretary of Edu20 cation providing loan cancellation in the same manner as 

21 under section 455(m) of the Higher Education Act of 1965 

22 (20 U.S.C. 1087e(m)), for borrowers of loans made under 

23 part D of title IV of such Act who would qualify for loan 

24 cancellation under section 455(m) except some, or all, of 

25 the 120 required payments under section 455(m)(1)(A) do 
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•HR 1865 EAH 

1 not qualify for purposes of the program because they were 

2 monthly payments made in accordance with graduated or 

3 extended repayment plans as described under subparagraph 

4 (B) or (C) of section 455(d)(1) or the corresponding repay5 ment plan for a consolidation loan made under section 

6 455(g) and that were less than the amount calculated under 

7 section 455(d)(1)(A), based on a 10-year repayment period: 

8 Provided, That the monthly payment made 12 months be9 fore the borrower applied for loan cancellation as described 

10 in the matter preceding this proviso and the most recent 

11 monthly payment made by the borrower at the time of such 

12 application were each not less than the monthly amount 

13 that would be calculated under, and for which the borrower 

14 would otherwise qualify for, clause (i) or (iv) of section 

15 455(m)(1)(A) regarding income-based or income-contingent 

16 repayment plans, with exception for a borrower who would 

17 have otherwise been eligible under this section but dem18 onstrates an unusual fluctuation of income over the past 

19 5 years: Provided further, That the total loan volume, in20 cluding outstanding principal, fees, capitalized interest, or 

21 accrued interest, at application that is eligible for such loan 

22 cancellation by such borrowers shall not exceed $75,000,000: 

23 Provided further, That the Secretary shall develop and 

24 make available a simple method for borrowers to apply for 

25 loan cancellation under this section within 60 days of en-
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•HR 1865 EAH 

1 actment of this Act: Provided further, That the Secretary 

2 shall provide loan cancellation under this section to eligible 

3 borrowers on a first-come, first-serve basis, based on the date 

4 of application and subject to both the limitation on total 

5 loan volume at application for such loan cancellation speci6 fied in the second proviso and the availability of appropria7 tions under this section: Provided further, That no borrower 

8 may, for the same service, receive a reduction of loan obliga9 tions under both this section and section 428J, 428K, 428L, 

10 or 460 of such Act. 

11 This title may be cited as the ‘‘Department of Edu12 cation Appropriations Act, 2020’’. 

13 TITLE IV 

14 RELATED AGENCIES 

15 COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE

16 BLIND OR SEVERELY DISABLED

17 SALARIES AND EXPENSES

18 For expenses necessary for the Committee for Purchase 

19 From People Who Are Blind or Severely Disabled (referred 

20 to in this title as ‘‘the Committee’’) established under sec21 tion 8502 of title 41, United States Code, $10,000,000: Pro22 vided, That in order to authorize any central nonprofit 

23 agency designated pursuant to section 8503(c) of title 41, 

24 United States Code, to perform requirements of the Com25 mittee as prescribed under section 51–3.2 of title 41, Code 
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•HR 1865 EAH 

1 of Federal Regulations, the Committee shall enter into a 

2 written agreement with any such central nonprofit agency: 

3 Provided further, That such agreement shall contain such 

4 auditing, oversight, and reporting provisions as necessary 

5 to implement chapter 85 of title 41, United States Code: 

6 Provided further, That such agreement shall include the ele7 ments listed under the heading ‘‘Committee For Purchase 

8 From People Who Are Blind or Severely Disabled—Written 

9 Agreement Elements’’ in the explanatory statement de10 scribed in section 4 of Public Law 114–113 (in the matter 

11 preceding division A of that consolidated Act): Provided 

12 further, That any such central nonprofit agency may not 

13 charge a fee under section 51–3.5 of title 41, Code of Federal 

14 Regulations, prior to executing a written agreement with 

15 the Committee: Provided further, That no less than 

16 $1,650,000 shall be available for the Office of Inspector Gen17 eral. 

18 CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

19 OPERATING EXPENSES

20 For necessary expenses for the Corporation for Na21 tional and Community Service (referred to in this title as 

22 ‘‘CNCS’’) to carry out the Domestic Volunteer Service Act 

23 of 1973 (referred to in this title as ‘‘1973 Act’’) and the 

24 National and Community Service Act of 1990 (referred to 

25 in this title as ‘‘1990 Act’’), $806,529,000, notwithstanding 
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•HR 1865 EAH 

1 sections 198B(b)(3), 198S(g), 501(a)(4)(C), and 

2 501(a)(4)(F) of the 1990 Act: Provided, That of the amounts 

3 provided under this heading: (1) up to 1 percent of program 

4 grant funds may be used to defray the costs of conducting 

5 grant application reviews, including the use of outside peer 

6 reviewers and electronic management of the grants cycle; 

7 (2) $17,538,000 shall be available to provide assistance to 

8 State commissions on national and community service, 

9 under section 126(a) of the 1990 Act and notwithstanding 

10 section 501(a)(5)(B) of the 1990 Act; (3) $32,500,000 shall 

11 be available to carry out subtitle E of the 1990 Act; and 

12 (4) $6,400,000 shall be available for expenses authorized 

13 under section 501(a)(4)(F) of the 1990 Act, which, notwith14 standing the provisions of section 198P shall be awarded 

15 by CNCS on a competitive basis: Provided further, That 

16 for the purposes of carrying out the 1990 Act, satisfying 

17 the requirements in section 122(c)(1)(D) may include a de18 termination of need by the local community. 

19 PAYMENT TO THE NATIONAL SERVICE TRUST

20 (INCLUDING TRANSFER OF FUNDS)

21 For payment to the National Service Trust established 

22 under subtitle D of title I of the 1990 Act, $208,342,000, 

23 to remain available until expended: Provided, That CNCS 

24 may transfer additional funds from the amount provided 

25 within ‘‘Operating Expenses’’ allocated to grants under sub-
154 

•HR 1865 EAH 

1 title C of title I of the 1990 Act to the National Service 

2 Trust upon determination that such transfer is necessary 

3 to support the activities of national service participants 

4 and after notice is transmitted to the Committees on Appro5 priations of the House of Representatives and the Senate: 

6 Provided further, That amounts appropriated for or trans7 ferred to the National Service Trust may be invested under 

8 section 145(b) of the 1990 Act without regard to the require9 ment to apportion funds under 31 U.S.C. 1513(b). 

10 SALARIES AND EXPENSES

11 For necessary expenses of administration as provided 

12 under section 501(a)(5) of the 1990 Act and under section 

13 504(a) of the 1973 Act, including payment of salaries, au14 thorized travel, hire of passenger motor vehicles, the rental 

15 of conference rooms in the District of Columbia, the employ16 ment of experts and consultants authorized under 5 U.S.C. 

17 3109, and not to exceed $2,500 for official reception and 

18 representation expenses, $83,737,000. 

19 OFFICE OF INSPECTOR GENERAL

20 For necessary expenses of the Office of Inspector Gen21 eral in carrying out the Inspector General Act of 1978, 

22 $5,750,000. 

23 ADMINISTRATIVE PROVISIONS

24 SEC. 401. CNCS shall make any significant changes 

25 to program requirements, service delivery or policy only 
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•HR 1865 EAH 

1 through public notice and comment rulemaking. For fiscal 

2 year 2020, during any grant selection process, an officer 

3 or employee of CNCS shall not knowingly disclose any cov4 ered grant selection information regarding such selection, 

5 directly or indirectly, to any person other than an officer 

6 or employee of CNCS that is authorized by CNCS to receive 

7 such information. 

8 SEC. 402. AmeriCorps programs receiving grants 

9 under the National Service Trust program shall meet an 

10 overall minimum share requirement of 24 percent for the 

11 first 3 years that they receive AmeriCorps funding, and 

12 thereafter shall meet the overall minimum share require13 ment as provided in section 2521.60 of title 45, Code of 

14 Federal Regulations, without regard to the operating costs 

15 match requirement in section 121(e) or the member support 

16 Federal share limitations in section 140 of the 1990 Act, 

17 and subject to partial waiver consistent with section 

18 2521.70 of title 45, Code of Federal Regulations. 

19 SEC. 403. Donations made to CNCS under section 196 

20 of the 1990 Act for the purposes of financing programs and 

21 operations under titles I and II of the 1973 Act or subtitle 

22 B, C, D, or E of title I of the 1990 Act shall be used to 

23 supplement and not supplant current programs and oper24 ations. 
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•HR 1865 EAH 

1 SEC. 404. In addition to the requirements in section 

2 146(a) of the 1990 Act, use of an educational award for 

3 the purpose described in section 148(a)(4) shall be limited 

4 to individuals who are veterans as defined under section 

5 101 of the Act. 

6 SEC. 405. For the purpose of carrying out section 

7 189D of the 1990 Act— 

8 (1) entities described in paragraph (a) of such 

9 section shall be considered ‘‘qualified entities’’ under 

10 section 3 of the National Child Protection Act of 1993 

11 (‘‘NCPA’’); 

12 (2) individuals described in such section shall be 

13 considered ‘‘volunteers’’ under section 3 of NCPA; and 

14 (3) State Commissions on National and Commu15 nity Service established pursuant to section 178 of the 

16 1990 Act, are authorized to receive criminal history 

17 record information, consistent with Public Law 92– 

18 544. 

19 SEC. 406. Notwithstanding sections 139(b), 146 and 

20 147 of the 1990 Act, an individual who successfully com21 pletes a term of service of not less than 1,200 hours during 

22 a period of not more than one year may receive a national 

23 service education award having a value of 70 percent of 

24 the value of a national service education award determined 

25 under section 147(a) of the Act. 
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•HR 1865 EAH 

1 CORPORATION FOR PUBLIC BROADCASTING

2 For payment to the Corporation for Public Broad3 casting (‘‘CPB’’), as authorized by the Communications Act 

4 of 1934, an amount which shall be available within limita5 tions specified by that Act, for the fiscal year 2022, 

6 $465,000,000: Provided, That none of the funds made avail7 able to CPB by this Act shall be used to pay for receptions, 

8 parties, or similar forms of entertainment for Government 

9 officials or employees: Provided further, That none of the 

10 funds made available to CPB by this Act shall be available 

11 or used to aid or support any program or activity from 

12 which any person is excluded, or is denied benefits, or is 

13 discriminated against, on the basis of race, color, national 

14 origin, religion, or sex: Provided further, That none of the 

15 funds made available to CPB by this Act shall be used to 

16 apply any political test or qualification in selecting, ap17 pointing, promoting, or taking any other personnel action 

18 with respect to officers, agents, and employees of CPB. 

19 In addition, for the costs associated with replacing and 

20 upgrading the public broadcasting interconnection system 

21 and other technologies and services that create infrastruc22 ture and efficiencies within the public media system, 

23 $20,000,000. 
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•HR 1865 EAH 

1 FEDERAL MEDIATION AND CONCILIATION SERVICE

2 SALARIES AND EXPENSES

3 For expenses necessary for the Federal Mediation and 

4 Conciliation Service (‘‘Service’’) to carry out the functions 

5 vested in it by the Labor-Management Relations Act, 1947, 

6 including hire of passenger motor vehicles; for expenses nec7 essary for the Labor-Management Cooperation Act of 1978; 

8 and for expenses necessary for the Service to carry out the 

9 functions vested in it by the Civil Service Reform Act, 

10 $47,200,000, including up to $900,000 to remain available 

11 through September 30, 2021, for activities authorized by the 

12 Labor-Management Cooperation Act of 1978: Provided, 

13 That notwithstanding 31 U.S.C. 3302, fees charged, up to 

14 full-cost recovery, for special training activities and other 

15 conflict resolution services and technical assistance, includ16 ing those provided to foreign governments and international 

17 organizations, and for arbitration services shall be credited 

18 to and merged with this account, and shall remain avail19 able until expended: Provided further, That fees for arbitra20 tion services shall be available only for education, training, 

21 and professional development of the agency workforce: Pro22 vided further, That the Director of the Service is authorized 

23 to accept and use on behalf of the United States gifts of 

24 services and real, personal, or other property in the aid of 

25 any projects or functions within the Director’s jurisdiction. 
159 

•HR 1865 EAH 

1 FEDERAL MINE SAFETY AND HEALTH REVIEW

2 COMMISSION

3 SALARIES AND EXPENSES

4 For expenses necessary for the Federal Mine Safety 

5 and Health Review Commission, $17,184,000. 

6 INSTITUTE OF MUSEUM AND LIBRARY SERVICES

7 OFFICE OF MUSEUM AND LIBRARY SERVICES: GRANTS AND

8 ADMINISTRATION

9 For carrying out the Museum and Library Services 

10 Act of 1996 and the National Museum of African American 

11 History and Culture Act, $252,000,000. 

12 MEDICAID AND CHIP PAYMENT AND ACCESS COMMISSION

13 SALARIES AND EXPENSES

14 For expenses necessary to carry out section 1900 of the 

15 Social Security Act, $8,780,000. 

16 MEDICARE PAYMENT ADVISORY COMMISSION

17 SALARIES AND EXPENSES

18 For expenses necessary to carry out section 1805 of the 

19 Social Security Act, $12,545,000, to be transferred to this 

20 appropriation from the Federal Hospital Insurance Trust 

21 Fund and the Federal Supplementary Medical Insurance 

22 Trust Fund. 
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•HR 1865 EAH 

1 NATIONAL COUNCIL ON DISABILITY

2 SALARIES AND EXPENSES

3 For expenses necessary for the National Council on 

4 Disability as authorized by title IV of the Rehabilitation 

5 Act of 1973, $3,350,000. 

6 NATIONAL LABOR RELATIONS BOARD

7 SALARIES AND EXPENSES

8 For expenses necessary for the National Labor Rela9 tions Board to carry out the functions vested in it by the 

10 Labor-Management Relations Act, 1947, and other laws, 

11 $274,224,000: Provided, That no part of this appropriation 

12 shall be available to organize or assist in organizing agri13 cultural laborers or used in connection with investigations, 

14 hearings, directives, or orders concerning bargaining units 

15 composed of agricultural laborers as referred to in section 

16 2(3) of the Act of July 5, 1935, and as amended by the 

17 Labor-Management Relations Act, 1947, and as defined in 

18 section 3(f) of the Act of June 25, 1938, and including in 

19 said definition employees engaged in the maintenance and 

20 operation of ditches, canals, reservoirs, and waterways 

21 when maintained or operated on a mutual, nonprofit basis 

22 and at least 95 percent of the water stored or supplied there23 by is used for farming purposes. 
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1 ADMINISTRATIVE PROVISIONS

2 SEC. 407. None of the funds provided by this Act or 

3 previous Acts making appropriations for the National 

4 Labor Relations Board may be used to issue any new ad5 ministrative directive or regulation that would provide em6 ployees any means of voting through any electronic means 

7 in an election to determine a representative for the purposes 

8 of collective bargaining. 

9 NATIONAL MEDIATION BOARD

10 SALARIES AND EXPENSES

11 For expenses necessary to carry out the provisions of 

12 the Railway Labor Act, including emergency boards ap13 pointed by the President, $14,050,000. 

14 OCCUPATIONAL SAFETY AND HEALTH REVIEW

15 COMMISSION

16 SALARIES AND EXPENSES

17 For expenses necessary for the Occupational Safety 

18 and Health Review Commission, $13,225,000. 

19 RAILROAD RETIREMENT BOARD

20 DUAL BENEFITS PAYMENTS ACCOUNT

21 For payment to the Dual Benefits Payments Account, 

22 authorized under section 15(d) of the Railroad Retirement 

23 Act of 1974, $16,000,000, which shall include amounts be24 coming available in fiscal year 2020 pursuant to section 

25 224(c)(1)(B) of Public Law 98–76; and in addition, an 
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1 amount, not to exceed 2 percent of the amount provided 

2 herein, shall be available proportional to the amount by 

3 which the product of recipients and the average benefit re4 ceived exceeds the amount available for payment of vested 

5 dual benefits: Provided, That the total amount provided 

6 herein shall be credited in 12 approximately equal amounts 

7 on the first day of each month in the fiscal year. 

8 FEDERAL PAYMENTS TO THE RAILROAD RETIREMENT

9 ACCOUNTS

10 For payment to the accounts established in the Treas11 ury for the payment of benefits under the Railroad Retire12 ment Act for interest earned on unnegotiated checks, 

13 $150,000, to remain available through September 30, 2021, 

14 which shall be the maximum amount available for payment 

15 pursuant to section 417 of Public Law 98–76. 

16 LIMITATION ON ADMINISTRATION

17 For necessary expenses for the Railroad Retirement 

18 Board (‘‘Board’’) for administration of the Railroad Retire19 ment Act and the Railroad Unemployment Insurance Act, 

20 $123,500,000, to be derived in such amounts as determined 

21 by the Board from the railroad retirement accounts and 

22 from moneys credited to the railroad unemployment insur23 ance administration fund: Provided, That notwithstanding 

24 section 7(b)(9) of the Railroad Retirement Act this limita25 tion may be used to hire attorneys only through the excepted 
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1 service: Provided further, That the previous proviso shall 

2 not change the status under Federal employment laws of 

3 any attorney hired by the Railroad Retirement Board prior 

4 to January 1, 2013: Provided further, That notwith5 standing section 7(b)(9) of the Railroad Retirement Act, 

6 this limitation may be used to hire students attending 

7 qualifying educational institutions or individuals who have 

8 recently completed qualifying educational programs using 

9 current excepted hiring authorities established by the Office 

10 of Personnel Management: Provided further, That 

11 $10,000,000, to remain available until expended, shall be 

12 used to supplement, not supplant, existing resources devoted 

13 to operations and improvements for the Board’s Informa14 tion Technology Investment Initiatives. 

15 LIMITATION ON THE OFFICE OF INSPECTOR GENERAL

16 For expenses necessary for the Office of Inspector Gen17 eral for audit, investigatory and review activities, as au18 thorized by the Inspector General Act of 1978, not more 

19 than $11,000,000, to be derived from the railroad retire20 ment accounts and railroad unemployment insurance ac21 count. 

22 SOCIAL SECURITY ADMINISTRATION

23 PAYMENTS TO SOCIAL SECURITY TRUST FUNDS

24 For payment to the Federal Old-Age and Survivors In25 surance Trust Fund and the Federal Disability Insurance 
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1 Trust Fund, as provided under sections 201(m) and 

2 1131(b)(2) of the Social Security Act, $11,000,000. 

3 SUPPLEMENTAL SECURITY INCOME PROGRAM

4 For carrying out titles XI and XVI of the Social Secu5 rity Act, section 401 of Public Law 92–603, section 212 

6 of Public Law 93–66, as amended, and section 405 of Public 

7 Law 95–216, including payment to the Social Security 

8 trust funds for administrative expenses incurred pursuant 

9 to section 201(g)(1) of the Social Security Act, 

10 $41,714,889,000, to remain available until expended: Pro11 vided, That any portion of the funds provided to a State 

12 in the current fiscal year and not obligated by the State 

13 during that year shall be returned to the Treasury: Pro14 vided further, That not more than $101,000,000 shall be 

15 available for research and demonstrations under sections 

16 1110, 1115, and 1144 of the Social Security Act, and re17 main available through September 30, 2022. 

18 For making, after June 15 of the current fiscal year, 

19 benefit payments to individuals under title XVI of the So20 cial Security Act, for unanticipated costs incurred for the 

21 current fiscal year, such sums as may be necessary. 

22 For making benefit payments under title XVI of the 

23 Social Security Act for the first quarter of fiscal year 2021, 

24 $19,900,000,000, to remain available until expended. 
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1 LIMITATION ON ADMINISTRATIVE EXPENSES

2 For necessary expenses, including the hire of two pas3 senger motor vehicles, and not to exceed $20,000 for official 

4 reception and representation expenses, not more than 

5 $12,739,945,000 may be expended, as authorized by section 

6 201(g)(1) of the Social Security Act, from any one or all 

7 of the trust funds referred to in such section: Provided, That 

8 not less than $2,500,000 shall be for the Social Security 

9 Advisory Board: Provided further, That $45,000,000 shall 

10 remain available until expended for information technology 

11 modernization, including related hardware and software 

12 infrastructure and equipment, and for administrative ex13 penses directly associated with information technology mod14 ernization: Provided further, That $100,000,000 shall re15 main available through September 30, 2021, for activities 

16 to address the disability hearings backlog within the Office 

17 of Hearings Operations: Provided further, That unobligated 

18 balances of funds provided under this paragraph at the end 

19 of fiscal year 2020 not needed for fiscal year 2020 shall 

20 remain available until expended to invest in the Social Se21 curity Administration information technology and tele22 communications hardware and software infrastructure, in23 cluding related equipment and non-payroll administrative 

24 expenses associated solely with this information technology 

25 and telecommunications infrastructure: Provided further, 
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1 That the Commissioner of Social Security shall notify the 

2 Committees on Appropriations of the House of Representa3 tives and the Senate prior to making unobligated balances 

4 available under the authority in the previous proviso: Pro5 vided further, That reimbursement to the trust funds under 

6 this heading for expenditures for official time for employees 

7 of the Social Security Administration pursuant to 5 U.S.C. 

8 7131, and for facilities or support services for labor organi9 zations pursuant to policies, regulations, or procedures re10 ferred to in section 7135(b) of such title shall be made by 

11 the Secretary of the Treasury, with interest, from amounts 

12 in the general fund not otherwise appropriated, as soon as 

13 possible after such expenditures are made. 

14 Of the total amount made available in the first para15 graph under this heading, not more than $1,582,000,000, 

16 to remain available through March 31, 2021, is for the costs 

17 associated with continuing disability reviews under titles 

18 II and XVI of the Social Security Act, including work-re19 lated continuing disability reviews to determine whether 

20 earnings derived from services demonstrate an individual’s 

21 ability to engage in substantial gainful activity, for the cost 

22 associated with conducting redeterminations of eligibility 

23 under title XVI of the Social Security Act, for the cost of 

24 co-operative disability investigation units, and for the cost 

25 associated with the prosecution of fraud in the programs 
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1 and operations of the Social Security Administration by 

2 Special Assistant United States Attorneys: Provided, That, 

3 of such amount, $273,000,000 is provided to meet the terms 

4 of section 251(b)(2)(B)(ii)(III) of the Balanced Budget and 

5 Emergency Deficit Control Act of 1985, as amended, and 

6 $1,309,000,000 is additional new budget authority specified 

7 for purposes of section 251(b)(2)(B) of such Act: Provided 

8 further, That, of the additional new budget authority de9 scribed in the preceding proviso, up to $10,000,000 may 

10 be transferred to the ‘‘Office of Inspector General’’, Social 

11 Security Administration, for the cost of jointly operated co12 operative disability investigation units: Provided further, 

13 That such transfer authority is in addition to any other 

14 transfer authority provided by law: Provided further, That 

15 the Commissioner shall provide to the Congress (at the con16 clusion of the fiscal year) a report on the obligation and 

17 expenditure of these funds, similar to the reports that were 

18 required by section 103(d)(2) of Public Law 104–121 for 

19 fiscal years 1996 through 2002. 

20 In addition, $130,000,000 to be derived from adminis21 tration fees in excess of $5.00 per supplementary payment 

22 collected pursuant to section 1616(d) of the Social Security 

23 Act or section 212(b)(3) of Public Law 93–66, which shall 

24 remain available until expended: Provided, That to the ex25 tent that the amounts collected pursuant to such sections 
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•HR 1865 EAH 

1 in fiscal year 2020 exceed $130,000,000, the amounts shall 

2 be available in fiscal year 2021 only to the extent provided 

3 in advance in appropriations Acts. 

4 In addition, up to $1,000,000 to be derived from fees 

5 collected pursuant to section 303(c) of the Social Security 

6 Protection Act, which shall remain available until ex7 pended. 

8 OFFICE OF INSPECTOR GENERAL

9 (INCLUDING TRANSFER OF FUNDS)

10 For expenses necessary for the Office of Inspector Gen11 eral in carrying out the provisions of the Inspector General 

12 Act of 1978, $30,000,000, together with not to exceed 

13 $75,500,000, to be transferred and expended as authorized 

14 by section 201(g)(1) of the Social Security Act from the 

15 Federal Old-Age and Survivors Insurance Trust Fund and 

16 the Federal Disability Insurance Trust Fund. 

17 In addition, an amount not to exceed 3 percent of the 

18 total provided in this appropriation may be transferred 

19 from the ‘‘Limitation on Administrative Expenses’’, Social 

20 Security Administration, to be merged with this account, 

21 to be available for the time and purposes for which this 

22 account is available: Provided, That notice of such transfers 

23 shall be transmitted promptly to the Committees on Appro24 priations of the House of Representatives and the Senate 

25 at least 15 days in advance of any transfer. 
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1 TITLE V 

2 GENERAL PROVISIONS 

3 (TRANSFER OF FUNDS)

4 SEC. 501. The Secretaries of Labor, Health and 

5 Human Services, and Education are authorized to transfer 

6 unexpended balances of prior appropriations to accounts 

7 corresponding to current appropriations provided in this 

8 Act. Such transferred balances shall be used for the same 

9 purpose, and for the same periods of time, for which they 

10 were originally appropriated. 

11 SEC. 502. No part of any appropriation contained in 

12 this Act shall remain available for obligation beyond the 

13 current fiscal year unless expressly so provided herein. 

14 SEC. 503. (a) No part of any appropriation contained 

15 in this Act or transferred pursuant to section 4002 of Public 

16 Law 111–148 shall be used, other than for normal and rec17 ognized executive-legislative relationships, for publicity or 

18 propaganda purposes, for the preparation, distribution, or 

19 use of any kit, pamphlet, booklet, publication, electronic 

20 communication, radio, television, or video presentation de21 signed to support or defeat the enactment of legislation be22 fore the Congress or any State or local legislature or legisla23 tive body, except in presentation to the Congress or any 

24 State or local legislature itself, or designed to support or 

25 defeat any proposed or pending regulation, administrative 
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1 action, or order issued by the executive branch of any State 

2 or local government, except in presentation to the executive 

3 branch of any State or local government itself. 

4 (b) No part of any appropriation contained in this 

5 Act or transferred pursuant to section 4002 of Public Law 

6 111–148 shall be used to pay the salary or expenses of any 

7 grant or contract recipient, or agent acting for such recipi8 ent, related to any activity designed to influence the enact9 ment of legislation, appropriations, regulation, administra10 tive action, or Executive order proposed or pending before 

11 the Congress or any State government, State legislature or 

12 local legislature or legislative body, other than for normal 

13 and recognized executive-legislative relationships or partici14 pation by an agency or officer of a State, local or tribal 

15 government in policymaking and administrative processes 

16 within the executive branch of that government. 

17 (c) The prohibitions in subsections (a) and (b) shall 

18 include any activity to advocate or promote any proposed, 

19 pending or future Federal, State or local tax increase, or 

20 any proposed, pending, or future requirement or restriction 

21 on any legal consumer product, including its sale or mar22 keting, including but not limited to the advocacy or pro23 motion of gun control. 

24 SEC. 504. The Secretaries of Labor and Education are 

25 authorized to make available not to exceed $28,000 and 
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•HR 1865 EAH 

1 $20,000, respectively, from funds available for salaries and 

2 expenses under titles I and III, respectively, for official re3 ception and representation expenses; the Director of the 

4 Federal Mediation and Conciliation Service is authorized 

5 to make available for official reception and representation 

6 expenses not to exceed $5,000 from the funds available for 

7 ‘‘Federal Mediation and Conciliation Service, Salaries and 

8 Expenses’’; and the Chairman of the National Mediation 

9 Board is authorized to make available for official reception 

10 and representation expenses not to exceed $5,000 from funds 

11 available for ‘‘National Mediation Board, Salaries and Ex12 penses’’. 

13 SEC. 505. When issuing statements, press releases, re14 quests for proposals, bid solicitations and other documents 

15 describing projects or programs funded in whole or in part 

16 with Federal money, all grantees receiving Federal funds 

17 included in this Act, including but not limited to State and 

18 local governments and recipients of Federal research grants, 

19 shall clearly state— 

20 (1) the percentage of the total costs of the pro21 gram or project which will be financed with Federal 

22 money; 

23 (2) the dollar amount of Federal funds for the 

24 project or program; and 
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•HR 1865 EAH 

1 (3) percentage and dollar amount of the total 

2 costs of the project or program that will be financed 

3 by non-governmental sources. 

4 SEC. 506. (a) None of the funds appropriated in this 

5 Act, and none of the funds in any trust fund to which funds 

6 are appropriated in this Act, shall be expended for any 

7 abortion. 

8 (b) None of the funds appropriated in this Act, and 

9 none of the funds in any trust fund to which funds are 

10 appropriated in this Act, shall be expended for health bene11 fits coverage that includes coverage of abortion. 

12 (c) The term ‘‘health benefits coverage’’ means the 

13 package of services covered by a managed care provider or 

14 organization pursuant to a contract or other arrangement. 

15 SEC. 507. (a) The limitations established in the pre16 ceding section shall not apply to an abortion— 

17 (1) if the pregnancy is the result of an act of 

18 rape or incest; or 

19 (2) in the case where a woman suffers from a 

20 physical disorder, physical injury, or physical illness, 

21 including a life-endangering physical condition 

22 caused by or arising from the pregnancy itself, that 

23 would, as certified by a physician, place the woman 

24 in danger of death unless an abortion is performed. 
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1 (b) Nothing in the preceding section shall be construed 

2 as prohibiting the expenditure by a State, locality, entity, 

3 or private person of State, local, or private funds (other 

4 than a State’s or locality’s contribution of Medicaid match5 ing funds). 

6 (c) Nothing in the preceding section shall be construed 

7 as restricting the ability of any managed care provider 

8 from offering abortion coverage or the ability of a State or 

9 locality to contract separately with such a provider for such 

10 coverage with State funds (other than a State’s or locality’s 

11 contribution of Medicaid matching funds). 

12 (d)(1) None of the funds made available in this Act 

13 may be made available to a Federal agency or program, 

14 or to a State or local government, if such agency, program, 

15 or government subjects any institutional or individual 

16 health care entity to discrimination on the basis that the 

17 health care entity does not provide, pay for, provide cov18 erage of, or refer for abortions. 

19 (2) In this subsection, the term ‘‘health care entity’’ 

20 includes an individual physician or other health care pro21 fessional, a hospital, a provider-sponsored organization, a 

22 health maintenance organization, a health insurance plan, 

23 or any other kind of health care facility, organization, or 

24 plan. 
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1 SEC. 508. (a) None of the funds made available in this 

2 Act may be used for— 

3 (1) the creation of a human embryo or embryos 

4 for research purposes; or 

5 (2) research in which a human embryo or em6 bryos are destroyed, discarded, or knowingly subjected 

7 to risk of injury or death greater than that allowed 

8 for research on fetuses in utero under 45 CFR 

9 46.204(b) and section 498(b) of the Public Health 

10 Service Act (42 U.S.C. 289g(b)). 

11 (b) For purposes of this section, the term ‘‘human em12 bryo or embryos’’ includes any organism, not protected as 

13 a human subject under 45 CFR 46 as of the date of the 

14 enactment of this Act, that is derived by fertilization, par15 thenogenesis, cloning, or any other means from one or more 

16 human gametes or human diploid cells. 

17 SEC. 509. (a) None of the funds made available in this 

18 Act may be used for any activity that promotes the legaliza19 tion of any drug or other substance included in schedule 

20 I of the schedules of controlled substances established under 

21 section 202 of the Controlled Substances Act except for nor22 mal and recognized executive-congressional communica23 tions. 

24 (b) The limitation in subsection (a) shall not apply 

25 when there is significant medical evidence of a therapeutic 
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1 advantage to the use of such drug or other substance or that 

2 federally sponsored clinical trials are being conducted to de3 termine therapeutic advantage. 

4 SEC. 510. None of the funds made available in this 

5 Act may be used to promulgate or adopt any final standard 

6 under section 1173(b) of the Social Security Act providing 

7 for, or providing for the assignment of, a unique health 

8 identifier for an individual (except in an individual’s ca9 pacity as an employer or a health care provider), until leg10 islation is enacted specifically approving the standard. 

11 SEC. 511. None of the funds made available in this 

12 Act may be obligated or expended to enter into or renew 

13 a contract with an entity if— 

14 (1) such entity is otherwise a contractor with the 

15 United States and is subject to the requirement in 38 

16 U.S.C. 4212(d) regarding submission of an annual 

17 report to the Secretary of Labor concerning employ18 ment of certain veterans; and 

19 (2) such entity has not submitted a report as re20 quired by that section for the most recent year for 

21 which such requirement was applicable to such entity. 

22 SEC. 512. None of the funds made available in this 

23 Act may be transferred to any department, agency, or in24 strumentality of the United States Government, except pur-
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1 suant to a transfer made by, or transfer authority provided 

2 in, this Act or any other appropriation Act. 

3 SEC. 513. None of the funds made available by this 

4 Act to carry out the Library Services and Technology Act 

5 may be made available to any library covered by paragraph 

6 (1) of section 224(f) of such Act, as amended by the Chil7 dren’s Internet Protection Act, unless such library has made 

8 the certifications required by paragraph (4) of such section. 

9 SEC. 514. (a) None of the funds provided under this 

10 Act, or provided under previous appropriations Acts to the 

11 agencies funded by this Act that remain available for obli12 gation or expenditure in fiscal year 2020, or provided from 

13 any accounts in the Treasury of the United States derived 

14 by the collection of fees available to the agencies funded by 

15 this Act, shall be available for obligation or expenditure 

16 through a reprogramming of funds that— 

17 (1) creates new programs; 

18 (2) eliminates a program, project, or activity; 

19 (3) increases funds or personnel by any means 

20 for any project or activity for which funds have been 

21 denied or restricted; 

22 (4) relocates an office or employees; 

23 (5) reorganizes or renames offices; 

24 (6) reorganizes programs or activities; or 
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1 (7) contracts out or privatizes any functions or 

2 activities presently performed by Federal employees; 

3 unless the Committees on Appropriations of the House of 

4 Representatives and the Senate are consulted 15 days in 

5 advance of such reprogramming or of an announcement of 

6 intent relating to such reprogramming, whichever occurs 

7 earlier, and are notified in writing 10 days in advance of 

8 such reprogramming. 

9 (b) None of the funds provided under this Act, or pro10 vided under previous appropriations Acts to the agencies 

11 funded by this Act that remain available for obligation or 

12 expenditure in fiscal year 2020, or provided from any ac13 counts in the Treasury of the United States derived by the 

14 collection of fees available to the agencies funded by this 

15 Act, shall be available for obligation or expenditure through 

16 a reprogramming of funds in excess of $500,000 or 10 per17 cent, whichever is less, that— 

18 (1) augments existing programs, projects (in19 cluding construction projects), or activities; 

20 (2) reduces by 10 percent funding for any exist21 ing program, project, or activity, or numbers of per22 sonnel by 10 percent as approved by Congress; or 

23 (3) results from any general savings from a re24 duction in personnel which would result in a change 
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•HR 1865 EAH 

1 in existing programs, activities, or projects as ap2 proved by Congress; 

3 unless the Committees on Appropriations of the House of 

4 Representatives and the Senate are consulted 15 days in 

5 advance of such reprogramming or of an announcement of 

6 intent relating to such reprogramming, whichever occurs 

7 earlier, and are notified in writing 10 days in advance of 

8 such reprogramming. 

9 SEC. 515. (a) None of the funds made available in this 

10 Act may be used to request that a candidate for appoint11 ment to a Federal scientific advisory committee disclose the 

12 political affiliation or voting history of the candidate or 

13 the position that the candidate holds with respect to polit14 ical issues not directly related to and necessary for the work 

15 of the committee involved. 

16 (b) None of the funds made available in this Act may 

17 be used to disseminate information that is deliberately false 

18 or misleading. 

19 SEC. 516. Within 45 days of enactment of this Act, 

20 each department and related agency funded through this 

21 Act shall submit an operating plan that details at the pro22 gram, project, and activity level any funding allocations 

23 for fiscal year 2020 that are different than those specified 

24 in this Act, the accompanying detailed table in the explana25 tory statement described in section 4 (in the matter pre-
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•HR 1865 EAH 

1 ceding division A of this consolidated Act) or the fiscal year 

2 2020 budget request. 

3 SEC. 517. The Secretaries of Labor, Health and 

4 Human Services, and Education shall each prepare and 

5 submit to the Committees on Appropriations of the House 

6 of Representatives and the Senate a report on the number 

7 and amount of contracts, grants, and cooperative agree8 ments exceeding $500,000, individually or in total for a 

9 particular project, activity, or programmatic initiative, in 

10 value and awarded by the Department on a non-competitive 

11 basis during each quarter of fiscal year 2020, but not to 

12 include grants awarded on a formula basis or directed by 

13 law. Such report shall include the name of the contractor 

14 or grantee, the amount of funding, the governmental pur15 pose, including a justification for issuing the award on a 

16 non-competitive basis. Such report shall be transmitted to 

17 the Committees within 30 days after the end of the quarter 

18 for which the report is submitted. 

19 SEC. 518. None of the funds appropriated in this Act 

20 shall be expended or obligated by the Commissioner of So21 cial Security, for purposes of administering Social Security 

22 benefit payments under title II of the Social Security Act, 

23 to process any claim for credit for a quarter of coverage 

24 based on work performed under a social security account 

25 number that is not the claimant’s number and the perform-
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•HR 1865 EAH 

1 ance of such work under such number has formed the basis 

2 for a conviction of the claimant of a violation of section 

3 208(a)(6) or (7) of the Social Security Act. 

4 SEC. 519. None of the funds appropriated by this Act 

5 may be used by the Commissioner of Social Security or the 

6 Social Security Administration to pay the compensation of 

7 employees of the Social Security Administration to admin8 ister Social Security benefit payments, under any agree9 ment between the United States and Mexico establishing to10 talization arrangements between the social security system 

11 established by title II of the Social Security Act and the 

12 social security system of Mexico, which would not otherwise 

13 be payable but for such agreement. 

14 SEC. 520. (a) None of the funds made available in this 

15 Act may be used to maintain or establish a computer net16 work unless such network blocks the viewing, downloading, 

17 and exchanging of pornography. 

18 (b) Nothing in subsection (a) shall limit the use of 

19 funds necessary for any Federal, State, tribal, or local law 

20 enforcement agency or any other entity carrying out crimi21 nal investigations, prosecution, or adjudication activities. 

22 SEC. 521. None of the funds made available under this 

23 or any other Act, or any prior Appropriations Act, may 

24 be provided to the Association of Community Organizations 
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•HR 1865 EAH 

1 for Reform Now (ACORN), or any of its affiliates, subsidi2 aries, allied organizations, or successors. 

3 SEC. 522. For purposes of carrying out Executive 

4 Order 13589, Office of Management and Budget Memo5 randum M–12–12 dated May 11, 2012, and requirements 

6 contained in the annual appropriations bills relating to 

7 conference attendance and expenditures: 

8 (1) the operating divisions of HHS shall be con9 sidered independent agencies; and 

10 (2) attendance at and support for scientific con11 ferences shall be tabulated separately from and not 

12 included in agency totals. 

13 SEC. 523. Federal agencies funded under this Act shall 

14 clearly state within the text, audio, or video used for adver15 tising or educational purposes, including emails or Internet 

16 postings, that the communication is printed, published, or 

17 produced and disseminated at U.S. taxpayer expense. The 

18 funds used by a Federal agency to carry out this require19 ment shall be derived from amounts made available to the 

20 agency for advertising or other communications regarding 

21 the programs and activities of the agency. 

22 SEC. 524. (a) Federal agencies may use Federal discre23 tionary funds that are made available in this Act to carry 

24 out up to 10 Performance Partnership Pilots. Such Pilots 

25 shall be governed by the provisions of section 526 of division 
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•HR 1865 EAH 

1 H of Public Law 113–76, except that in carrying out such 

2 Pilots section 526 shall be applied by substituting ‘‘Fiscal 

3 Year 2020’’ for ‘‘Fiscal Year 2014’’ in the title of subsection 

4 (b) and by substituting ‘‘September 30, 2024’’ for ‘‘Sep5 tember 30, 2018’’ each place it appears: Provided, That 

6 such pilots shall include communities that have experienced 

7 civil unrest. 

8 (b) In addition, Federal agencies may use Federal dis9 cretionary funds that are made available in this Act to par10 ticipate in Performance Partnership Pilots that are being 

11 carried out pursuant to the authority provided by section 

12 526 of division H of Public Law 113–76, section 524 of 

13 division G of Public Law 113–235, section 525 of division 

14 H of Public Law 114–113, section 525 of division H of Pub15 lic Law 115–31, and section 525 of division H of Public 

16 Law 115–141. 

17 (c) Pilot sites selected under authorities in this Act and 

18 prior appropriations Acts may be granted by relevant agen19 cies up to an additional 5 years to operate under such au20 thorities. 

21 SEC. 525. Not later than 30 days after the end of each 

22 calendar quarter, beginning with the first month of fiscal 

23 year 2020, the Departments of Labor, Health and Human 

24 Services and Education and the Social Security Adminis25 tration shall provide the Committees on Appropriations of 
183 

•HR 1865 EAH 

1 the House of Representatives and Senate a report on the 

2 status of balances of appropriations: Provided, That for bal3 ances that are unobligated and uncommitted, committed, 

4 and obligated but unexpended, the monthly reports shall 

5 separately identify the amounts attributable to each source 

6 year of appropriation (beginning with fiscal year 2012, or, 

7 to the extent feasible, earlier fiscal years) from which bal8 ances were derived. 

9 SEC. 526. The Departments of Labor, Health and 

10 Human Services, or Education shall provide to the Com11 mittees on Appropriations of the House of Representatives 

12 and the Senate a comprehensive list of any new or competi13 tive grant award notifications, including supplements, 

14 issued at the discretion of such Departments not less than 

15 3 full business days before any entity selected to receive a 

16 grant award is announced by the Department or its offices 

17 (other than emergency response grants at any time of the 

18 year or for grant awards made during the last 10 business 

19 days of the fiscal year, or if applicable, of the program 

20 year). 

21 SEC. 527. Notwithstanding any other provision of this 

22 Act, no funds appropriated in this Act shall be used to pur23 chase sterile needles or syringes for the hypodermic injection 

24 of any illegal drug: Provided, That such limitation does not 

25 apply to the use of funds for elements of a program other 
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•HR 1865 EAH 

1 than making such purchases if the relevant State or local 

2 health department, in consultation with the Centers for Dis3 ease Control and Prevention, determines that the State or 

4 local jurisdiction, as applicable, is experiencing, or is at 

5 risk for, a significant increase in hepatitis infections or an 

6 HIV outbreak due to injection drug use, and such program 

7 is operating in accordance with State and local law. 

8 SEC. 528. Each department and related agency funded 

9 through this Act shall provide answers to questions sub10 mitted for the record by members of the Committee within 

11 45 business days after receipt. 

12 (RESCISSION)

13 SEC. 529. Of any available amounts appropriated 

14 under section 2104(a)(23) of the Social Security Act (42 

15 U.S.C. 1397dd) that are unobligated as of September 25, 

16 2020, $3,169,819,000 are hereby rescinded as of such date. 

17 SEC. 530. Of amounts deposited in the Child Enroll18 ment Contingency Fund prior to the beginning of fiscal 

19 year 2020 under section 2104(n)(2) of the Social Security 

20 Act and the income derived from investment of those funds 

21 pursuant to section 2104(n)(2)(C) of that Act, 

22 $6,093,181,000 shall not be available for obligation in this 

23 fiscal year. 
185 

•HR 1865 EAH 

1 This division may be cited as the ‘‘Departments of 

2 Labor, Health and Human Services, and Education, and 

3 Related Agencies Appropriations Act, 2020’’. 

4 DIVISION B—AGRICULTURE, RURAL DE5 VELOPMENT, FOOD AND DRUG ADMIN6 ISTRATION, AND RELATED AGENCIES 

7 APPROPRIATIONS ACT, 2020 

8 TITLE I 

9 AGRICULTURAL PROGRAMS 

10 PROCESSING, RESEARCH, AND MARKETING

11 OFFICE OF THE SECRETARY

12 (INCLUDING TRANSFERS OF FUNDS)

13 For necessary expenses of the Office of the Secretary, 

14 $46,139,000, of which not to exceed $5,051,000 shall be 

15 available for the immediate Office of the Secretary; not to 

16 exceed $1,496,000 shall be available for the Office of Home17 land Security; not to exceed $6,211,000 shall be available 

18 for the Office of Partnerships and Public Engagement, of 

19 which $1,500,000 shall be for 7 U.S.C. 2279(c)(5); not to 

20 exceed $22,251,000 shall be available for the Office of the 

21 Assistant Secretary for Administration, of which 

22 $21,376,000 shall be available for Departmental Adminis23 tration to provide for necessary expenses for management 

24 support services to offices of the Department and for general 

25 administration, security, repairs and alterations, and other 
186 

•HR 1865 EAH 

1 miscellaneous supplies and expenses not otherwise provided 

2 for and necessary for the practical and efficient work of the 

3 Department: Provided, That funds made available by this 

4 Act to an agency in the Administration mission area for 

5 salaries and expenses are available to fund up to one ad6 ministrative support staff for the Office; not to exceed 

7 $3,869,000 shall be available for the Office of Assistant Sec8 retary for Congressional Relations and Intergovernmental 

9 Affairs to carry out the programs funded by this Act, in10 cluding programs involving intergovernmental affairs and 

11 liaison within the executive branch; and not to exceed 

12 $7,261,000 shall be available for the Office of Communica13 tions: Provided further, That the Secretary of Agriculture 

14 is authorized to transfer funds appropriated for any office 

15 of the Office of the Secretary to any other office of the Office 

16 of the Secretary: Provided further, That no appropriation 

17 for any office shall be increased or decreased by more than 

18 5 percent: Provided further, That not to exceed $22,000 of 

19 the amount made available under this paragraph for the 

20 immediate Office of the Secretary shall be available for offi21 cial reception and representation expenses, not otherwise 

22 provided for, as determined by the Secretary: Provided fur23 ther, That the amount made available under this heading 

24 for Departmental Administration shall be reimbursed from 

25 applicable appropriations in this Act for travel expenses in-
187 

•HR 1865 EAH 

1 cident to the holding of hearings as required by 5 U.S.C. 

2 551–558: Provided further, That funds made available 

3 under this heading for the Office of the Assistant Secretary 

4 for Congressional Relations and Intergovernmental Affairs 

5 may be transferred to agencies of the Department of Agri6 culture funded by this Act to maintain personnel at the 

7 agency level: Provided further, That no funds made avail8 able under this heading for the Office of Assistant Secretary 

9 for Congressional Relations may be obligated after 30 days 

10 from the date of enactment of this Act, unless the Secretary 

11 has notified the Committees on Appropriations of both 

12 Houses of Congress on the allocation of these funds by 

13 USDA agency: Provided further, That of the funds made 

14 available under this heading, funding shall be made avail15 able to the Office of the Secretary to carry out the duties 

16 of the working group established under section 770 of the 

17 Agriculture, Rural Development, Food and Drug Adminis18 tration, and Related Agencies Appropriations Act, 2019 

19 (Public Law 116–6; 133 Stat. 89): Provided further, That 

20 during any 30 day notification period referenced in section 

21 716 of this Act, the Secretary of Agriculture, the Secretary 

22 of Health and Human Services or the Chairman of the 

23 Commodity Futures Trading Commission, (as the case may 

24 be) shall take no action to begin implementation of the pro25 posal or make any public announcement in any form. 
188 

•HR 1865 EAH 

1 EXECUTIVE OPERATIONS

2 OFFICE OF THE CHIEF ECONOMIST

3 For necessary expenses of the Office of the Chief Econo4 mist, $24,013,000, of which $8,000,000 shall be for grants 

5 or cooperative agreements for policy research under 7 

6 U.S.C. 3155. 

7 OFFICE OF HEARINGS AND APPEALS

8 For necessary expenses of the Office of Hearings and 

9 Appeals, $15,222,000. 

10 OFFICE OF BUDGET AND PROGRAM ANALYSIS

11 For necessary expenses of the Office of Budget and Pro12 gram Analysis, $9,525,000. 

13 OFFICE OF THE CHIEF INFORMATION OFFICER

14 For necessary expenses of the Office of the Chief Infor15 mation Officer, $66,580,000, of which not less than 

16 $56,000,000 is for cybersecurity requirements of the depart17 ment. 

18 OFFICE OF THE CHIEF FINANCIAL OFFICER

19 For necessary expenses of the Office of the Chief Finan20 cial Officer, $6,028,000. 

21 OFFICE OF THE ASSISTANT SECRETARY FOR CIVIL

22 RIGHTS

23 For necessary expenses of the Office of the Assistant 

24 Secretary for Civil Rights, $901,000: Provided, That funds 

25 made available by this Act to an agency in the Civil Rights 
189 

•HR 1865 EAH 

1 mission area for salaries and expenses are available to fund 

2 up to one administrative support staff for the Office. 

3 OFFICE OF CIVIL RIGHTS

4 For necessary expenses of the Office of Civil Rights, 

5 $24,206,000. 

6 AGRICULTURE BUILDINGS AND FACILITIES

7 (INCLUDING TRANSFERS OF FUNDS)

8 For payment of space rental and related costs pursu9 ant to Public Law 92–313, including authorities pursuant 

10 to the 1984 delegation of authority from the Administrator 

11 of General Services to the Department of Agriculture under 

12 40 U.S.C. 121, for programs and activities of the Depart13 ment which are included in this Act, and for alterations 

14 and other actions needed for the Department and its agen15 cies to consolidate unneeded space into configurations suit16 able for release to the Administrator of General Services, 

17 and for the operation, maintenance, improvement, and re18 pair of Agriculture buildings and facilities, and for related 

19 costs, $128,167,000, to remain available until expended. 

20 HAZARDOUS MATERIALS MANAGEMENT

21 (INCLUDING TRANSFERS OF FUNDS)

22 For necessary expenses of the Department of Agri23 culture, to comply with the Comprehensive Environmental 

24 Response, Compensation, and Liability Act (42 U.S.C. 

25 9601 et seq.) and the Solid Waste Disposal Act (42 U.S.C. 
190 

•HR 1865 EAH 

1 6901 et seq.), $4,503,000, to remain available until ex2 pended: Provided, That appropriations and funds available 

3 herein to the Department for Hazardous Materials Manage4 ment may be transferred to any agency of the Department 

5 for its use in meeting all requirements pursuant to the 

6 above Acts on Federal and non-Federal lands. 

7 OFFICE OF INSPECTOR GENERAL

8 For necessary expenses of the Office of Inspector Gen9 eral, including employment pursuant to the Inspector Gen10 eral Act of 1978 (Public Law 95–452; 5 U.S.C. App.), 

11 $98,208,000, including such sums as may be necessary for 

12 contracting and other arrangements with public agencies 

13 and private persons pursuant to section 6(a)(9) of the In14 spector General Act of 1978 (Public Law 95–452; 5 U.S.C. 

15 App.), and including not to exceed $125,000 for certain con16 fidential operational expenses, including the payment of in17 formants, to be expended under the direction of the Inspec18 tor General pursuant to the Inspector General Act of 1978 

19 (Public Law 95–452; 5 U.S.C. App.) and section 1337 of 

20 the Agriculture and Food Act of 1981 (Public Law 97–98). 

21 OFFICE OF THE GENERAL COUNSEL

22 For necessary expenses of the Office of the General 

23 Counsel, $45,146,000. 
191 

•HR 1865 EAH 

1 OFFICE OF ETHICS

2 For necessary expenses of the Office of Ethics, 

3 $4,136,000. 

4 OFFICE OF THE UNDER SECRETARY FOR RESEARCH, 

5 EDUCATION, AND ECONOMICS

6 For necessary expenses of the Office of the Under Sec7 retary for Research, Education, and Economics, $800,000: 

8 Provided, That funds made available by this Act to an 

9 agency in the Research, Education, and Economics mission 

10 area for salaries and expenses are available to fund up to 

11 one administrative support staff for the Office. 

12 ECONOMIC RESEARCH SERVICE

13 For necessary expenses of the Economic Research Serv14 ice, $84,757,000. 

15 NATIONAL AGRICULTURAL STATISTICS SERVICE

16 For necessary expenses of the National Agricultural 

17 Statistics Service, $180,294,000, of which up to $45,300,000 

18 shall be available until expended for the Census of Agri19 culture: Provided, That amounts made available for the 

20 Census of Agriculture may be used to conduct Current In21 dustrial Report surveys subject to 7 U.S.C. 2204g(d) and 

22 (f). 
192 

•HR 1865 EAH 

1 AGRICULTURAL RESEARCH SERVICE

2 SALARIES AND EXPENSES

3 For necessary expenses of the Agricultural Research 

4 Service and for acquisition of lands by donation, exchange, 

5 or purchase at a nominal cost not to exceed $100, and for 

6 land exchanges where the lands exchanged shall be of equal 

7 value or shall be equalized by a payment of money to the 

8 grantor which shall not exceed 25 percent of the total value 

9 of the land or interests transferred out of Federal ownership, 

10 $1,414,366,000, of which $13,100,000, to remain available 

11 until expended, shall be used for transition and equipment 

12 purchases for the National Bio and Agro-Defense Facility 

13 located in Manhattan, Kansas: Provided, That of the 

14 amounts available to the Agricultural Research Service for 

15 the National Bio and Agro-Defense Facility, no funds may 

16 be obligated above the amount provided for the facility in 

17 Public Law 116–6 until the Secretary of Agriculture sub18 mits to the Committees on Appropriations of both Houses 

19 of Congress, and receives written or electronic notification 

20 of receipt from such Committees, a strategic plan as re21 quired in House Report 116–107: Provided further, That 

22 appropriations hereunder shall be available for the oper23 ation and maintenance of aircraft and the purchase of not 

24 to exceed one for replacement only: Provided further, That 

25 appropriations hereunder shall be available pursuant to 7 
193 

•HR 1865 EAH 

1 U.S.C. 2250 for the construction, alteration, and repair of 

2 buildings and improvements, but unless otherwise provided, 

3 the cost of constructing any one building shall not exceed 

4 $500,000, except for headhouses or greenhouses which shall 

5 each be limited to $1,800,000, except for 10 buildings to 

6 be constructed or improved at a cost not to exceed 

7 $1,100,000 each, and except for two buildings to be con8 structed at a cost not to exceed $3,000,000 each, and the 

9 cost of altering any one building during the fiscal year shall 

10 not exceed 10 percent of the current replacement value of 

11 the building or $500,000, whichever is greater: Provided 

12 further, That appropriations hereunder shall be available 

13 for entering into lease agreements at any Agricultural Re14 search Service location for the construction of a research 

15 facility by a non-Federal entity for use by the Agricultural 

16 Research Service and a condition of the lease shall be that 

17 any facility shall be owned, operated, and maintained by 

18 the non-Federal entity and shall be removed upon the expi19 ration or termination of the lease agreement: Provided fur20 ther, That the limitations on alterations contained in this 

21 Act shall not apply to modernization or replacement of ex22 isting facilities at Beltsville, Maryland: Provided further, 

23 That appropriations hereunder shall be available for grant24 ing easements at the Beltsville Agricultural Research Cen25 ter: Provided further, That the foregoing limitations shall 
194 

•HR 1865 EAH 

1 not apply to replacement of buildings needed to carry out 

2 the Act of April 24, 1948 (21 U.S.C. 113a): Provided fur3 ther, That appropriations hereunder shall be available for 

4 granting easements at any Agricultural Research Service 

5 location for the construction of a research facility by a non6 Federal entity for use by, and acceptable to, the Agricul7 tural Research Service and a condition of the easements 

8 shall be that upon completion the facility shall be accepted 

9 by the Secretary, subject to the availability of funds herein, 

10 if the Secretary finds that acceptance of the facility is in 

11 the interest of the United States: Provided further, That 

12 funds may be received from any State, other political sub13 division, organization, or individual for the purpose of es14 tablishing or operating any research facility or research 

15 project of the Agricultural Research Service, as authorized 

16 by law. 

17 BUILDINGS AND FACILITIES

18 For the acquisition of land, construction, repair, im19 provement, extension, alteration, and purchase of fixed 

20 equipment or facilities as necessary to carry out the agricul21 tural research programs of the Department of Agriculture, 

22 where not otherwise provided, $192,700,000 to remain 

23 available until expended, of which $166,900,000 shall be al24 located for ARS facilities co-located with university part25 ners. 
195 

•HR 1865 EAH 

1 NATIONAL INSTITUTE OF FOOD AND AGRICULTURE

2 RESEARCH AND EDUCATION ACTIVITIES

3 For payments to agricultural experiment stations, for 

4 cooperative forestry and other research, for facilities, and 

5 for other expenses, $962,864,000, which shall be for the pur6 poses, and in the amounts, specified in the table titled ‘‘Na7 tional Institute of Food and Agriculture, Research and 

8 Education Activities’’ in the explanatory statement de9 scribed in section 4 (in the matter preceding division A of 

10 this consolidated Act): Provided, That funds for research 

11 grants for 1994 institutions, education grants for 1890 in12 stitutions, capacity building for non-land-grant colleges of 

13 agriculture, the agriculture and food research initiative, 

14 veterinary medicine loan repayment, multicultural schol15 ars, graduate fellowship and institution challenge grants, 

16 and grants management systems shall remain available 

17 until expended: Provided further, That each institution eli18 gible to receive funds under the Evans-Allen program re19 ceives no less than $1,000,000: Provided further, That funds 

20 for education grants for Alaska Native and Native Hawai21 ian-serving institutions be made available to individual eli22 gible institutions or consortia of eligible institutions with 

23 funds awarded equally to each of the States of Alaska and 

24 Hawaii: Provided further, That funds for education grants 

25 for 1890 institutions shall be made available to institutions 
196 

•HR 1865 EAH 

1 eligible to receive funds under 7 U.S.C. 3221 and 3222: Pro2 vided further, That not more than 5 percent of the amounts 

3 made available by this or any other Act to carry out the 

4 Agriculture and Food Research Initiative under 7 U.S.C. 

5 3157 may be retained by the Secretary of Agriculture to 

6 pay administrative costs incurred by the Secretary in car7 rying out that authority. 

8 NATIVE AMERICAN INSTITUTIONS ENDOWMENT FUND

9 For the Native American Institutions Endowment 

10 Fund authorized by Public Law 103–382 (7 U.S.C. 301 

11 note), $11,880,000, to remain available until expended. 

12 EXTENSION ACTIVITIES

13 For payments to States, the District of Columbia, 

14 Puerto Rico, Guam, the Virgin Islands, Micronesia, the 

15 Northern Marianas, and American Samoa, $526,557,000, 

16 which shall be for the purposes, and in the amounts, speci17 fied in the table titled ‘‘National Institute of Food and Agri18 culture, Extension Activities’’ in the explanatory statement 

19 described in section 4 (in the matter preceding division A 

20 of this consolidated Act): Provided, That funds for facility 

21 improvements at 1890 institutions shall remain available 

22 until expended: Provided further, That institutions eligible 

23 to receive funds under 7 U.S.C. 3221 for cooperative exten24 sion receive no less than $1,000,000: Provided further, That 

25 funds for cooperative extension under sections 3(b) and (c) 
197 

•HR 1865 EAH 

1 of the Smith-Lever Act (7 U.S.C. 343(b) and (c)) and sec2 tion 208(c) of Public Law 93–471 shall be available for re3 tirement and employees’ compensation costs for extension 

4 agents. 

5 INTEGRATED ACTIVITIES

6 For the integrated research, education, and extension 

7 grants programs, including necessary administrative ex8 penses, $38,000,000, which shall be for the purposes, and 

9 in the amounts, specified in the table titled ‘‘National Insti10 tute of Food and Agriculture, Integrated Activities’’ in the 

11 explanatory statement described in section 4 (in the matter 

12 preceding division A of this consolidated Act): Provided, 

13 That funds for the Food and Agriculture Defense Initiative 

14 shall remain available until September 30, 2021: Provided 

15 further, That notwithstanding any other provision of law, 

16 indirect costs shall not be charged against any Extension 

17 Implementation Program Area grant awarded under the 

18 Crop Protection/Pest Management Program (7 U.S.C. 

19 7626). 

20 OFFICE OF THE UNDER SECRETARY FOR MARKETING AND

21 REGULATORY PROGRAMS

22 For necessary expenses of the Office of the Under Sec23 retary for Marketing and Regulatory Programs, $800,000: 

24 Provided, That funds made available by this Act to an 

25 agency in the Marketing and Regulatory Programs mission 
198 

•HR 1865 EAH 

1 area for salaries and expenses are available to fund up to 

2 one administrative support staff for the Office. 

3 ANIMAL AND PLANT HEALTH INSPECTION SERVICE

4 SALARIES AND EXPENSES

5 (INCLUDING TRANSFERS OF FUNDS)

6 For necessary expenses of the Animal and Plant 

7 Health Inspection Service, including up to $30,000 for rep8 resentation allowances and for expenses pursuant to the 

9 Foreign Service Act of 1980 (22 U.S.C. 4085), 

10 $1,042,711,000, of which $470,000, to remain available 

11 until expended, shall be available for the control of out12 breaks of insects, plant diseases, animal diseases and for 

13 control of pest animals and birds (‘‘contingency fund’’) to 

14 the extent necessary to meet emergency conditions; of which 

15 $11,520,000, to remain available until expended, shall be 

16 used for the cotton pests program, including for cost share 

17 purposes or for debt retirement for active eradication zones; 

18 of which $37,857,000, to remain available until expended, 

19 shall be for Animal Health Technical Services; of which 

20 $1,000,000 shall be for activities under the authority of the 

21 Horse Protection Act of 1970, as amended (15 U.S.C. 1831); 

22 of which $62,840,000, to remain available until expended, 

23 shall be used to support avian health; of which $4,251,000, 

24 to remain available until expended, shall be for information 

25 technology infrastructure; of which $192,013,000, to remain 
199 

•HR 1865 EAH 

1 available until expended, shall be for specialty crop pests; 

2 of which, $13,826,000, to remain available until expended, 

3 shall be for field crop and rangeland ecosystem pests; of 

4 which $16,523,000, to remain available until expended, 

5 shall be for zoonotic disease management; of which 

6 $40,966,000, to remain available until expended, shall be 

7 for emergency preparedness and response; of which 

8 $60,000,000, to remain available until expended, shall be 

9 for tree and wood pests; of which $5,725,000, to remain 

10 available until expended, shall be for the National Veteri11 nary Stockpile; of which up to $1,500,000, to remain avail12 able until expended, shall be for the scrapie program for 

13 indemnities; of which $2,500,000, to remain available until 

14 expended, shall be for the wildlife damage management pro15 gram for aviation safety: Provided, That of amounts avail16 able under this heading for wildlife services methods devel17 opment, $1,000,000 shall remain available until expended: 

18 Provided further, That of amounts available under this 

19 heading for the screwworm program, $4,990,000 shall re20 main available until expended; of which $20,800,000, to re21 main available until expended, shall be used to carry out 

22 the science program and transition activities for the Na23 tional Bio and Agro-defense Facility located in Manhattan, 

24 Kansas: Provided further, That of the amounts available 

25 to the Animal and Plant Health Inspection Service for the 
200 

•HR 1865 EAH 

1 National Bio and Agro-Defense Facility, no funds may be 

2 obligated above the amount provided for the facility in Pub3 lic Law 116–6 until the Secretary of Agriculture submits 

4 to the Committees on Appropriations of both Houses of Con5 gress, and receives written or electronic notification of re6 ceipt from such Committees, a strategic plan as required 

7 in House Report 116–107: Provided further, That no funds 

8 shall be used to formulate or administer a brucellosis eradi9 cation program for the current fiscal year that does not re10 quire minimum matching by the States of at least 40 per11 cent: Provided further, That this appropriation shall be 

12 available for the purchase, replacement, operation, and 

13 maintenance of aircraft: Provided further, That in addi14 tion, in emergencies which threaten any segment of the agri15 cultural production industry of the United States, the Sec16 retary may transfer from other appropriations or funds 

17 available to the agencies or corporations of the Department 

18 such sums as may be deemed necessary, to be available only 

19 in such emergencies for the arrest and eradication of con20 tagious or infectious disease or pests of animals, poultry, 

21 or plants, and for expenses in accordance with sections 

22 10411 and 10417 of the Animal Health Protection Act (7 

23 U.S.C. 8310 and 8316) and sections 431 and 442 of the 

24 Plant Protection Act (7 U.S.C. 7751 and 7772), and any 

25 unexpended balances of funds transferred for such emer-
201 

•HR 1865 EAH 

1 gency purposes in the preceding fiscal year shall be merged 

2 with such transferred amounts: Provided further, That ap3 propriations hereunder shall be available pursuant to law 

4 (7 U.S.C. 2250) for the repair and alteration of leased 

5 buildings and improvements, but unless otherwise provided 

6 the cost of altering any one building during the fiscal year 

7 shall not exceed 10 percent of the current replacement value 

8 of the building. 

9 In fiscal year 2020, the agency is authorized to collect 

10 fees to cover the total costs of providing technical assistance, 

11 goods, or services requested by States, other political sub12 divisions, domestic and international organizations, foreign 

13 governments, or individuals, provided that such fees are 

14 structured such that any entity’s liability for such fees is 

15 reasonably based on the technical assistance, goods, or serv16 ices provided to the entity by the agency, and such fees shall 

17 be reimbursed to this account, to remain available until ex18 pended, without further appropriation, for providing such 

19 assistance, goods, or services. 

20 BUILDINGS AND FACILITIES

21 For plans, construction, repair, preventive mainte22 nance, environmental support, improvement, extension, al23 teration, and purchase of fixed equipment or facilities, as 

24 authorized by 7 U.S.C. 2250, and acquisition of land as 
202 

•HR 1865 EAH 

1 authorized by 7 U.S.C. 2268a, $3,175,000, to remain avail2 able until expended. 

3 AGRICULTURAL MARKETING SERVICE

4 MARKETING SERVICES

5 For necessary expenses of the Agricultural Marketing 

6 Service, $186,936,000, of which $6,000,000 shall be avail7 able for the purposes of section 12306 of Public Law 113– 

8 79: Provided, That this appropriation shall be available 

9 pursuant to law (7 U.S.C. 2250) for the alteration and re10 pair of buildings and improvements, but the cost of altering 

11 any one building during the fiscal year shall not exceed 10 

12 percent of the current replacement value of the building: 

13 Provided further, That up to $4,454,000 of this appropria14 tion may be used for United States Warehouse Act activities 

15 to supplement amounts made available by the United States 

16 Warehouse Act. 

17 Fees may be collected for the cost of standardization 

18 activities, as established by regulation pursuant to law (31 

19 U.S.C. 9701). 

20 LIMITATION ON ADMINISTRATIVE EXPENSES

21 Not to exceed $61,227,000 (from fees collected) shall be 

22 obligated during the current fiscal year for administrative 

23 expenses: Provided, That if crop size is understated and/ 

24 or other uncontrollable events occur, the agency may exceed 
203 

•HR 1865 EAH 

1 this limitation by up to 10 percent with notification to the 

2 Committees on Appropriations of both Houses of Congress. 

3 FUNDS FOR STRENGTHENING MARKETS, INCOME, AND

4 SUPPLY (SECTION 32)

5 (INCLUDING TRANSFERS OF FUNDS)

6 Funds available under section 32 of the Act of August 

7 24, 1935 (7 U.S.C. 612c), shall be used only for commodity 

8 program expenses as authorized therein, and other related 

9 operating expenses, except for: (1) transfers to the Depart10 ment of Commerce as authorized by the Fish and Wildlife 

11 Act of 1956 (16 U.S.C. 742a et seq.); (2) transfers otherwise 

12 provided in this Act; and (3) not more than $20,705,000 

13 for formulation and administration of marketing agree14 ments and orders pursuant to the Agricultural Marketing 

15 Agreement Act of 1937 and the Agricultural Act of 1961 

16 (Public Law 87–128). 

17 PAYMENTS TO STATES AND POSSESSIONS

18 For payments to departments of agriculture, bureaus 

19 and departments of markets, and similar agencies for mar20 keting activities under section 204(b) of the Agricultural 

21 Marketing Act of 1946 (7 U.S.C. 1623(b)), $1,235,000. 

22 LIMITATION ON INSPECTION AND WEIGHING SERVICES

23 EXPENSES

24 Not to exceed $55,000,000 (from fees collected) shall be 

25 obligated during the current fiscal year for inspection and 
204 

•HR 1865 EAH 

1 weighing services: Provided, That if grain export activities 

2 require additional supervision and oversight, or other un3 controllable factors occur, this limitation may be exceeded 

4 by up to 10 percent with notification to the Committees 

5 on Appropriations of both Houses of Congress. 

6 OFFICE OF THE UNDER SECRETARY FOR FOOD SAFETY

7 For necessary expenses of the Office of the Under Sec8 retary for Food Safety, $800,000: Provided, That funds 

9 made available by this Act to an agency in the Food Safety 

10 mission area for salaries and expenses are available to fund 

11 up to one administrative support staff for the Office. 

12 FOOD SAFETY AND INSPECTION SERVICE

13 For necessary expenses to carry out services authorized 

14 by the Federal Meat Inspection Act, the Poultry Products 

15 Inspection Act, and the Egg Products Inspection Act, in16 cluding not to exceed $10,000 for representation allowances 

17 and for expenses pursuant to section 8 of the Act approved 

18 August 3, 1956 (7 U.S.C. 1766), $1,054,344,000; and in 

19 addition, $1,000,000 may be credited to this account from 

20 fees collected for the cost of laboratory accreditation as au21 thorized by section 1327 of the Food, Agriculture, Conserva22 tion and Trade Act of 1990 (7 U.S.C. 138f): Provided, That 

23 funds provided for the Public Health Data Communication 

24 Infrastructure system shall remain available until ex25 pended: Provided further, That no fewer than 148 full-time 
205 

•HR 1865 EAH 

1 equivalent positions shall be employed during fiscal year 

2 2020 for purposes dedicated solely to inspections and en3 forcement related to the Humane Methods of Slaughter Act 

4 (7 U.S.C. 1901 et seq.): Provided further, That the Food 

5 Safety and Inspection Service shall continue implementa6 tion of section 11016 of Public Law 110–246 as further 

7 clarified by the amendments made in section 12106 of Pub8 lic Law 113–79: Provided further, That this appropriation 

9 shall be available pursuant to law (7 U.S.C. 2250) for the 

10 alteration and repair of buildings and improvements, but 

11 the cost of altering any one building during the fiscal year 

12 shall not exceed 10 percent of the current replacement value 

13 of the building. 

14 TITLE II 

15 FARM PRODUCTION AND CONSERVATION 

16 PROGRAMS 

17 OFFICE OF THE UNDER SECRETARY FOR FARM

18 PRODUCTION AND CONSERVATION

19 For necessary expenses of the Office of the Under Sec20 retary for Farm Production and Conservation, $901,000: 

21 Provided, That funds made available by this Act to an 

22 agency in the Farm Production and Conservation mission 

23 area for salaries and expenses are available to fund up to 

24 one administrative support staff for the Office. 
206 

•HR 1865 EAH 

1 FARM PRODUCTION AND CONSERVATION BUSINESS

2 CENTER

3 SALARIES AND EXPENSES

4 (INCLUDING TRANSFERS OF FUNDS)

5 For necessary expenses of the Farm Production and 

6 Conservation Business Center, $203,877,000: Provided, 

7 That $60,228,000 of amounts appropriated for the current 

8 fiscal year pursuant to section 1241(a) of the Farm Secu9 rity and Rural Investment Act of 1985 (16 U.S.C. 3841(a)) 

10 shall be transferred to and merged with this account. 

11 FARM SERVICE AGENCY

12 SALARIES AND EXPENSES

13 (INCLUDING TRANSFERS OF FUNDS)

14 For necessary expenses of the Farm Service Agency, 

15 $1,122,837,000, of which not less than $35,000,000 shall be 

16 for the hiring of new employees to fill vacancies at Farm 

17 Service Agency county offices and farm loan officers and 

18 shall be available until September 30, 2021: Provided, That 

19 not more than 50 percent of the funding made available 

20 under this heading for information technology related to 

21 farm program delivery may be obligated until the Secretary 

22 submits to the Committees on Appropriations of both 

23 Houses of Congress, and receives written or electronic notifi24 cation of receipt from such Committees of, a plan for ex25 penditure that (1) identifies for each project/investment over 
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1 $25,000 (a) the functional and performance capabilities to 

2 be delivered and the mission benefits to be realized, (b) the 

3 estimated lifecycle cost for the entirety of the project/invest4 ment, including estimates for development as well as main5 tenance and operations, and (c) key milestones to be met; 

6 (2) demonstrates that each project/investment is, (a) con7 sistent with the Farm Service Agency Information Tech8 nology Roadmap, (b) being managed in accordance with 

9 applicable lifecycle management policies and guidance, and 

10 (c) subject to the applicable Department’s capital planning 

11 and investment control requirements; and (3) has been re12 viewed by the Government Accountability Office and ap13 proved by the Committees on Appropriations of both Houses 

14 of Congress: Provided further, That the agency shall submit 

15 a report by the end of the fourth quarter of fiscal year 2020 

16 to the Committees on Appropriations and the Government 

17 Accountability Office, that identifies for each project/invest18 ment that is operational (a) current performance against 

19 key indicators of customer satisfaction, (b) current perform20 ance of service level agreements or other technical metrics, 

21 (c) current performance against a pre-established cost base22 line, (d) a detailed breakdown of current and planned 

23 spending on operational enhancements or upgrades, and (e) 

24 an assessment of whether the investment continues to meet 

25 business needs as intended as well as alternatives to the in-
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1 vestment: Provided further, That the Secretary is authorized 

2 to use the services, facilities, and authorities (but not the 

3 funds) of the Commodity Credit Corporation to make pro4 gram payments for all programs administered by the Agen5 cy: Provided further, That other funds made available to 

6 the Agency for authorized activities may be advanced to and 

7 merged with this account: Provided further, That funds 

8 made available to county committees shall remain available 

9 until expended: Provided further, That none of the funds 

10 available to the Farm Service Agency shall be used to close 

11 Farm Service Agency county offices: Provided further, That 

12 none of the funds available to the Farm Service Agency 

13 shall be used to permanently relocate county based employ14 ees that would result in an office with two or fewer employ15 ees without prior notification and approval of the Commit16 tees on Appropriations of both Houses of Congress. 

17 STATE MEDIATION GRANTS

18 For grants pursuant to section 502(b) of the Agricul19 tural Credit Act of 1987, as amended (7 U.S.C. 5101–5106), 

20 $5,545,000. 

21 GRASSROOTS SOURCE WATER PROTECTION PROGRAM

22 For necessary expenses to carry out wellhead or 

23 groundwater protection activities under section 1240O of 

24 the Food Security Act of 1985 (16 U.S.C. 3839bb–2), 

25 $6,500,000, to remain available until expended. 
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•HR 1865 EAH 

1 DAIRY INDEMNITY PROGRAM

2 (INCLUDING TRANSFER OF FUNDS)

3 For necessary expenses involved in making indemnity 

4 payments to dairy farmers and manufacturers of dairy 

5 products under a dairy indemnity program, such sums as 

6 may be necessary, to remain available until expended: Pro7 vided, That such program is carried out by the Secretary 

8 in the same manner as the dairy indemnity program de9 scribed in the Agriculture, Rural Development, Food and 

10 Drug Administration, and Related Agencies Appropria11 tions Act, 2001 (Public Law 106–387, 114 Stat. 1549A– 

12 12). 

13 AGRICULTURAL CREDIT INSURANCE FUND PROGRAM

14 ACCOUNT

15 (INCLUDING TRANSFERS OF FUNDS)

16 For gross obligations for the principal amount of di17 rect and guaranteed farm ownership (7 U.S.C. 1922 et seq.) 

18 and operating (7 U.S.C. 1941 et seq.) loans, emergency 

19 loans (7 U.S.C. 1961 et seq.), Indian tribe land acquisition 

20 loans (25 U.S.C. 5136), boll weevil loans (7 U.S.C. 1989), 

21 guaranteed conservation loans (7 U.S.C. 1924 et seq.), re22 lending program (7 U.S.C. 1936c), and Indian highly 

23 fractionated land loans (25 U.S.C. 5136) to be available 

24 from funds in the Agricultural Credit Insurance Fund, as 

25 follows: $2,750,000,000 for guaranteed farm ownership 
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1 loans and $1,875,000,000 for farm ownership direct loans; 

2 $1,960,000,000 for unsubsidized guaranteed operating loans 

3 and $1,550,133,000 for direct operating loans; emergency 

4 loans, $37,668,000; Indian tribe land acquisition loans, 

5 $20,000,000; guaranteed conservation loans, $150,000,000; 

6 relending program, $18,215,000; Indian highly fractionated 

7 land loans, $10,000,000; and for boll weevil eradication 

8 program loans, $60,000,000: Provided, That the Secretary 

9 shall deem the pink bollworm to be a boll weevil for the 

10 purpose of boll weevil eradication program loans. 

11 For the cost of direct and guaranteed loans and grants, 

12 including the cost of modifying loans as defined in section 

13 502 of the Congressional Budget Act of 1974, as follows: 

14 $58,440,000 for direct farm operating loans, $20,972,000 

15 for unsubsidized guaranteed farm operating loans, emer16 gency loans, $2,023,000; relending program, $5,000,000; In17 dian highly fractionated land loans, $2,745,000; and 

18 $60,000 for boll weevil eradication loans, to remain avail19 able until expended. 

20 In addition, for administrative expenses necessary to 

21 carry out the direct and guaranteed loan programs, 

22 $317,068,000: Provided, That of this amount, $290,917,000 

23 shall be transferred to and merged with the appropriation 

24 for ‘‘Farm Service Agency, Salaries and Expenses’’: Pro25 vided further, That of this amount $16,081,000 shall be 
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•HR 1865 EAH 

1 transferred to and merged with the appropriation for 

2 ‘‘Farm Production and Conservation Business Center, Sal3 aries and Expenses’’. 

4 Funds appropriated by this Act to the Agricultural 

5 Credit Insurance Program Account for farm ownership, op6 erating and conservation direct loans and guaranteed loans 

7 may be transferred among these programs: Provided, That 

8 the Committees on Appropriations of both Houses of Con9 gress are notified at least 15 days in advance of any trans10 fer. 

11 RISK MANAGEMENT AGENCY

12 SALARIES AND EXPENSES

13 For necessary expenses of the Risk Management Agen14 cy, $58,361,000: Provided, That $2,000,000 shall be avail15 able for compliance and integrity activities required under 

16 section 516(b)(2)(C) of the Federal Crop Insurance Act of 

17 1938 (7 U.S.C. 1516(b)(2)(C)) in addition to other amounts 

18 provided: Provided further, That not to exceed $1,000 shall 

19 be available for official reception and representation ex20 penses, as authorized by 7 U.S.C. 1506(i). 

21 NATURAL RESOURCES CONSERVATION SERVICE

22 CONSERVATION OPERATIONS

23 For necessary expenses for carrying out the provisions 

24 of the Act of April 27, 1935 (16 U.S.C. 590a–f), including 

25 preparation of conservation plans and establishment of 
212 

•HR 1865 EAH 

1 measures to conserve soil and water (including farm irriga2 tion and land drainage and such special measures for soil 

3 and water management as may be necessary to prevent 

4 floods and the siltation of reservoirs and to control agricul5 tural related pollutants); operation of conservation plant 

6 materials centers; classification and mapping of soil; dis7 semination of information; acquisition of lands, water, and 

8 interests therein for use in the plant materials program by 

9 donation, exchange, or purchase at a nominal cost not to 

10 exceed $100 pursuant to the Act of August 3, 1956 (7 U.S.C. 

11 2268a); purchase and erection or alteration or improvement 

12 of permanent and temporary buildings; and operation and 

13 maintenance of aircraft, $829,628,000, to remain available 

14 until September 30, 2021: Provided, That appropriations 

15 hereunder shall be available pursuant to 7 U.S.C. 2250 for 

16 construction and improvement of buildings and public im17 provements at plant materials centers, except that the cost 

18 of alterations and improvements to other buildings and 

19 other public improvements shall not exceed $250,000: Pro20 vided further, That when buildings or other structures are 

21 erected on non-Federal land, that the right to use such land 

22 is obtained as provided in 7 U.S.C. 2250a: Provided fur23 ther, That of the amounts made available under this head24 ing, $5,600,000, shall remain available until expended for 

25 the authorities under 16 U.S.C. 1001–1005 and 1007–1009 
213 

•HR 1865 EAH 

1 for authorized ongoing watershed projects with a primary 

2 purpose of providing water to rural communities. 

3 WATERSHED AND FLOOD PREVENTION OPERATIONS

4 For necessary expenses to carry out preventive meas5 ures, including but not limited to surveys and investiga6 tions, engineering operations, works of improvement, and 

7 changes in use of land, in accordance with the Watershed 

8 Protection and Flood Prevention Act (16 U.S.C. 1001–1005 

9 and 1007–1009) and in accordance with the provisions of 

10 laws relating to the activities of the Department, 

11 $175,000,000, to remain available until expended: Pro12 vided, That for funds provided by this Act or any other 

13 prior Act, the limitation regarding the size of the watershed 

14 or subwatershed exceeding two hundred and fifty thousand 

15 acres in which such activities can be undertaken shall only 

16 apply for activities undertaken for the primary purpose of 

17 flood prevention (including structural and land treatment 

18 measures): Provided further, That of the amounts made 

19 available under this heading, $70,000,000 shall be allocated 

20 to projects and activities that can commence promptly fol21 lowing enactment; that address regional priorities for flood 

22 prevention, agricultural water management, inefficient ir23 rigation systems, fish and wildlife habitat, or watershed 

24 protection; or that address authorized ongoing projects 

25 under the authorities of section 13 of the Flood Control Act 
214 

•HR 1865 EAH 

1 of December 22, 1944 (Public Law 78–534) with a primary 

2 purpose of watershed protection by preventing floodwater 

3 damage and stabilizing stream channels, tributaries, and 

4 banks to reduce erosion and sediment transport. 

5 WATERSHED REHABILITATION PROGRAM

6 Under the authorities of section 14 of the Watershed 

7 Protection and Flood Prevention Act, $10,000,000 is pro8 vided: Provided, That of the amounts made available under 

9 this heading, $5,000,000 shall remain available until ex10 pended for watershed rehabilitation projects in states with 

11 high-hazard dams and other watershed structures and that 

12 have recently incurred flooding events which caused fatali13 ties. 

14 CORPORATIONS 

15 The following corporations and agencies are hereby au16 thorized to make expenditures, within the limits of funds 

17 and borrowing authority available to each such corporation 

18 or agency and in accord with law, and to make contracts 

19 and commitments without regard to fiscal year limitations 

20 as provided by section 104 of the Government Corporation 

21 Control Act as may be necessary in carrying out the pro22 grams set forth in the budget for the current fiscal year for 

23 such corporation or agency, except as hereinafter provided. 
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•HR 1865 EAH 

1 FEDERAL CROP INSURANCE CORPORATION FUND

2 For payments as authorized by section 516 of the Fed3 eral Crop Insurance Act (7 U.S.C. 1516), such sums as may 

4 be necessary, to remain available until expended. 

5 COMMODITY CREDIT CORPORATION FUND

6 REIMBURSEMENT FOR NET REALIZED LOSSES

7 (INCLUDING TRANSFERS OF FUNDS)

8 For the current fiscal year, such sums as may be nec9 essary to reimburse the Commodity Credit Corporation for 

10 net realized losses sustained, but not previously reimbursed, 

11 pursuant to section 2 of the Act of August 17, 1961 (15 

12 U.S.C. 713a–11): Provided, That of the funds available to 

13 the Commodity Credit Corporation under section 11 of the 

14 Commodity Credit Corporation Charter Act (15 U.S.C. 

15 714i) for the conduct of its business with the Foreign Agri16 cultural Service, up to $5,000,000 may be transferred to 

17 and used by the Foreign Agricultural Service for informa18 tion resource management activities of the Foreign Agricul19 tural Service that are not related to Commodity Credit Cor20 poration business. 

21 HAZARDOUS WASTE MANAGEMENT

22 (LIMITATION ON EXPENSES)

23 For the current fiscal year, the Commodity Credit Cor24 poration shall not expend more than $5,000,000 for site in25 vestigation and cleanup expenses, and operations and 
216 

•HR 1865 EAH 

1 maintenance expenses to comply with the requirement of 

2 section 107(g) of the Comprehensive Environmental Re3 sponse, Compensation, and Liability Act (42 U.S.C. 

4 9607(g)), and section 6001 of the Solid Waste Disposal Act 

5 (42 U.S.C. 6961). 

6 TITLE III 

7 RURAL DEVELOPMENT PROGRAMS 

8 OFFICE OF THE UNDER SECRETARY FOR RURAL

9 DEVELOPMENT

10 For necessary expenses of the Office of the Under Sec11 retary for Rural Development, $800,000: Provided, That 

12 funds made available by this Act to an agency in the Rural 

13 Development mission area for salaries and expenses are 

14 available to fund up to one administrative support staff for 

15 the Office. 

16 RURAL DEVELOPMENT

17 SALARIES AND EXPENSES

18 (INCLUDING TRANSFERS OF FUNDS)

19 For necessary expenses for carrying out the adminis20 tration and implementation of Rural Development pro21 grams, including activities with institutions concerning the 

22 development and operation of agricultural cooperatives; and 

23 for cooperative agreements; $247,835,000: Provided, That 

24 notwithstanding any other provision of law, funds appro25 priated under this heading may be used for advertising and 
217 

•HR 1865 EAH 

1 promotional activities that support Rural Development 

2 programs: Provided further, That in addition to any other 

3 funds appropriated for purposes authorized by section 

4 502(i) of the Housing Act of 1949 (42 U.S.C. 1472(i)), any 

5 amounts collected under such section, as amended by this 

6 Act, will immediately be credited to this account and will 

7 remain available until expended for such purposes. 

8 RURAL HOUSING SERVICE

9 RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT

10 (INCLUDING TRANSFERS OF FUNDS)

11 For gross obligations for the principal amount of di12 rect and guaranteed loans as authorized by title V of the 

13 Housing Act of 1949, to be available from funds in the rural 

14 housing insurance fund, as follows: $1,000,000,000 shall be 

15 for direct loans and $24,000,000,000 shall be for unsub16 sidized guaranteed loans; $28,000,000 for section 504 hous17 ing repair loans; $40,000,000 for section 515 rental hous18 ing; $230,000,000 for section 538 guaranteed multi-family 

19 housing loans; $10,000,000 for credit sales of single family 

20 housing acquired property; $5,000,000 for section 523 self21 help housing land development loans; and $5,000,000 for 

22 section 524 site development loans. 

23 For the cost of direct and guaranteed loans, including 

24 the cost of modifying loans, as defined in section 502 of 

25 the Congressional Budget Act of 1974, as follows: section 
218 

•HR 1865 EAH 

1 502 loans, $90,000,000 shall be for direct loans; section 504 

2 housing repair loans, $4,679,000; section 523 self-help hous3 ing land development loans, $577,000; section 524 site de4 velopment loans, $546,000; and repair, rehabilitation, and 

5 new construction of section 515 rental housing, 

6 $12,144,000: Provided, That to support the loan program 

7 level for section 538 guaranteed loans made available under 

8 this heading the Secretary may charge or adjust any fees 

9 to cover the projected cost of such loan guarantees pursuant 

10 to the provisions of the Credit Reform Act of 1990 (2 U.S.C. 

11 661 et seq.), and the interest on such loans may not be sub12 sidized: Provided further, That applicants in communities 

13 that have a current rural area waiver under section 541 

14 of the Housing Act of 1949 (42 U.S.C. 1490q) shall be treat15 ed as living in a rural area for purposes of section 502 

16 guaranteed loans provided under this heading: Provided 

17 further, That of the amounts available under this para18 graph for section 502 direct loans, no less than $5,000,000 

19 shall be available for direct loans for individuals whose 

20 homes will be built pursuant to a program funded with a 

21 mutual and self-help housing grant authorized by section 

22 523 of the Housing Act of 1949 until June 1, 2020: Pro23 vided further, That the Secretary shall implement provi24 sions to provide incentives to nonprofit organizations and 

25 public housing authorities to facilitate the acquisition of 
219 

•HR 1865 EAH 

1 Rural Housing Service (RHS) multifamily housing prop2 erties by such nonprofit organizations and public housing 

3 authorities that commit to keep such properties in the RHS 

4 multifamily housing program for a period of time as deter5 mined by the Secretary, with such incentives to include, but 

6 not be limited to, the following: allow such nonprofit entities 

7 and public housing authorities to earn a Return on Invest8 ment on their own resources to include proceeds from low 

9 income housing tax credit syndication, own contributions, 

10 grants, and developer loans at favorable rates and terms, 

11 invested in a deal; and allow reimbursement of organiza12 tional costs associated with owner’s oversight of asset re13 ferred to as ‘‘Asset Management Fee’’ of up to $7,500 per 

14 property. 

15 In addition, for the cost of direct loans, grants, and 

16 contracts, as authorized by sections 514 and 516 of the 

17 Housing Act of 1949 (42 U.S.C. 1484, 1486), $18,739,000, 

18 to remain available until expended, for direct farm labor 

19 housing loans and domestic farm labor housing grants and 

20 contracts: Provided, That any balances available for the 

21 Farm Labor Program Account shall be transferred to and 

22 merged with this account. 

23 In addition, for administrative expenses necessary to 

24 carry out the direct and guaranteed loan programs, 

25 $412,254,000 shall be transferred to and merged with the 
220 

•HR 1865 EAH 

1 appropriation for ‘‘Rural Development, Salaries and Ex2 penses’’. 

3 RENTAL ASSISTANCE PROGRAM

4 For rental assistance agreements entered into or re5 newed pursuant to the authority under section 521(a)(2) 

6 of the Housing Act of 1949 or agreements entered into in 

7 lieu of debt forgiveness or payments for eligible households 

8 as authorized by section 502(c)(5)(D) of the Housing Act 

9 of 1949, $1,375,000,000, of which $40,000,000 shall be 

10 available until September 30, 2021; and in addition such 

11 sums as may be necessary, as authorized by section 521(c) 

12 of the Act, to liquidate debt incurred prior to fiscal year 

13 1992 to carry out the rental assistance program under sec14 tion 521(a)(2) of the Act: Provided, That rental assistance 

15 agreements entered into or renewed during the current fiscal 

16 year shall be funded for a one-year period: Provided further, 

17 That upon request by an owner of a project financed by 

18 an existing loan under section 514 or 515 of the Act, the 

19 Secretary may renew the rental assistance agreement for 

20 a period of 20 years or until the term of such loan has 

21 expired, subject to annual appropriations: Provided further, 

22 That any unexpended balances remaining at the end of such 

23 one-year agreements may be transferred and used for pur24 poses of any debt reduction; maintenance, repair, or reha25 bilitation of any existing projects; preservation; and rental 
221 

•HR 1865 EAH 

1 assistance activities authorized under title V of the Act: Pro2 vided further, That rental assistance provided under agree3 ments entered into prior to fiscal year 2020 for a farm labor 

4 multi-family housing project financed under section 514 or 

5 516 of the Act may not be recaptured for use in another 

6 project until such assistance has remained unused for a pe7 riod of 12 consecutive months, if such project has a waiting 

8 list of tenants seeking such assistance or the project has 

9 rental assistance eligible tenants who are not receiving such 

10 assistance: Provided further, That such recaptured rental 

11 assistance shall, to the extent practicable, be applied to an12 other farm labor multi-family housing project financed 

13 under section 514 or 516 of the Act: Provided further, That 

14 except as provided in the fourth proviso under this heading 

15 and notwithstanding any other provision of the Act, the 

16 Secretary may recapture rental assistance provided under 

17 agreements entered into prior to fiscal year 2020 for a 

18 project that the Secretary determines no longer needs rental 

19 assistance and use such recaptured funds for current needs. 

20 MULTI-FAMILY HOUSING REVITALIZATION PROGRAM

21 ACCOUNT

22 For the rural housing voucher program as authorized 

23 under section 542 of the Housing Act of 1949, but notwith24 standing subsection (b) of such section, and for additional 

25 costs to conduct a demonstration program for the preserva-
222 

•HR 1865 EAH 

1 tion and revitalization of multi-family rental housing prop2 erties described in this paragraph, $60,000,000, to remain 

3 available until expended: Provided, That of the funds made 

4 available under this heading, $32,000,000, shall be avail5 able for rural housing vouchers to any low-income household 

6 (including those not receiving rental assistance) residing in 

7 a property financed with a section 515 loan which has been 

8 prepaid after September 30, 2005: Provided further, That 

9 the amount of such voucher shall be the difference between 

10 comparable market rent for the section 515 unit and the 

11 tenant paid rent for such unit: Provided further, That funds 

12 made available for such vouchers shall be subject to the 

13 availability of annual appropriations: Provided further, 

14 That the Secretary shall, to the maximum extent prac15 ticable, administer such vouchers with current regulations 

16 and administrative guidance applicable to section 8 hous17 ing vouchers administered by the Secretary of the Depart18 ment of Housing and Urban Development: Provided fur19 ther, That if the Secretary determines that the amount 

20 made available for vouchers in this or any other Act is not 

21 needed for vouchers, the Secretary may use such funds for 

22 the demonstration program for the preservation and revital23 ization of multi-family rental housing properties described 

24 in this paragraph: Provided further, That of the funds made 

25 available under this heading, $28,000,000 shall be available 
223 

•HR 1865 EAH 

1 for a demonstration program for the preservation and revi2 talization of the sections 514, 515, and 516 multi-family 

3 rental housing properties to restructure existing USDA 

4 multi-family housing loans, as the Secretary deems appro5 priate, expressly for the purposes of ensuring the project has 

6 sufficient resources to preserve the project for the purpose 

7 of providing safe and affordable housing for low-income 

8 residents and farm laborers including reducing or elimi9 nating interest; deferring loan payments, subordinating, re10 ducing or reamortizing loan debt; and other financial as11 sistance including advances, payments and incentives (in12 cluding the ability of owners to obtain reasonable returns 

13 on investment) required by the Secretary: Provided further, 

14 That the Secretary shall as part of the preservation and 

15 revitalization agreement obtain a restrictive use agreement 

16 consistent with the terms of the restructuring: Provided fur17 ther, That if the Secretary determines that additional funds 

18 for vouchers described in this paragraph are needed, funds 

19 for the preservation and revitalization demonstration pro20 gram may be used for such vouchers: Provided further, That 

21 if Congress enacts legislation to permanently authorize a 

22 multi-family rental housing loan restructuring program 

23 similar to the demonstration program described herein, the 

24 Secretary may use funds made available for the demonstra25 tion program under this heading to carry out such legisla-
224 

•HR 1865 EAH 

1 tion with the prior approval of the Committees on Appro2 priations of both Houses of Congress: Provided further, That 

3 in addition to any other available funds, the Secretary may 

4 expend not more than $1,000,000 total, from the program 

5 funds made available under this heading, for administra6 tive expenses for activities funded under this heading. 

7 MUTUAL AND SELF-HELP HOUSING GRANTS

8 For grants and contracts pursuant to section 

9 523(b)(1)(A) of the Housing Act of 1949 (42 U.S.C. 1490c), 

10 $31,000,000, to remain available until expended. 

11 RURAL HOUSING ASSISTANCE GRANTS

12 For grants for very low-income housing repair and 

13 rural housing preservation made by the Rural Housing 

14 Service, as authorized by 42 U.S.C. 1474, and 1490m, 

15 $45,000,000, to remain available until expended. 

16 RURAL COMMUNITY FACILITIES PROGRAM ACCOUNT

17 (INCLUDING TRANSFERS OF FUNDS)

18 For gross obligations for the principal amount of di19 rect and guaranteed loans as authorized by section 306 and 

20 described in section 381E(d)(1) of the Consolidated Farm 

21 and Rural Development Act, $2,800,000,000 for direct loans 

22 and $500,000,000 for guaranteed loans. 

23 For the cost of grants for rural community facilities 

24 programs as authorized by section 306 and described in sec25 tion 381E(d)(1) of the Consolidated Farm and Rural Devel-
225 

•HR 1865 EAH 

1 opment Act, $49,000,000, to remain available until ex2 pended: Provided, That $6,000,000 of the amount appro3 priated under this heading shall be available for a Rural 

4 Community Development Initiative: Provided further, That 

5 such funds shall be used solely to develop the capacity and 

6 ability of private, nonprofit community-based housing and 

7 community development organizations, low-income rural 

8 communities, and Federally Recognized Native American 

9 Tribes to undertake projects to improve housing, community 

10 facilities, community and economic development projects in 

11 rural areas: Provided further, That such funds shall be 

12 made available to qualified private, nonprofit and public 

13 intermediary organizations proposing to carry out a pro14 gram of financial and technical assistance: Provided fur15 ther, That such intermediary organizations shall provide 

16 matching funds from other sources, including Federal funds 

17 for related activities, in an amount not less than funds pro18 vided: Provided further, That $6,000,000 of the amount ap19 propriated under this heading shall be to provide grants 

20 for facilities in rural communities with extreme unemploy21 ment and severe economic depression (Public Law 106– 

22 387), with up to 5 percent for administration and capacity 

23 building in the State rural development offices: Provided 

24 further, That $5,000,000 of the amount appropriated under 

25 this heading shall be available for community facilities 
226 

•HR 1865 EAH 

1 grants to tribal colleges, as authorized by section 306(a)(19) 

2 of such Act: Provided further, That sections 381E–H and 

3 381N of the Consolidated Farm and Rural Development Act 

4 are not applicable to the funds made available under this 

5 heading. 

6 RURAL BUSINESS—COOPERATIVE SERVICE

7 RURAL BUSINESS PROGRAM ACCOUNT

8 (INCLUDING TRANSFERS OF FUNDS)

9 For the cost of loan guarantees and grants, for the 

10 rural business development programs authorized by section 

11 310B and described in subsections (a), (c), (f) and (g) of 

12 section 310B of the Consolidated Farm and Rural Develop13 ment Act, $66,500,000, to remain available until expended: 

14 Provided, That of the amount appropriated under this 

15 heading, not to exceed $500,000 shall be made available for 

16 one grant to a qualified national organization to provide 

17 technical assistance for rural transportation in order to 

18 promote economic development and $9,000,000 shall be for 

19 grants to the Delta Regional Authority (7 U.S.C. 2009aa 

20 et seq.), the Northern Border Regional Commission (40 

21 U.S.C. 15101 et seq.), and the Appalachian Regional Com22 mission (40 U.S.C. 14101 et seq.) for any Rural Commu23 nity Advancement Program purpose as described in section 

24 381E(d) of the Consolidated Farm and Rural Development 

25 Act, of which not more than 5 percent may be used for ad-
227 

•HR 1865 EAH 

1 ministrative expenses: Provided further, That $4,000,000 of 

2 the amount appropriated under this heading shall be for 

3 business grants to benefit Federally Recognized Native 

4 American Tribes, including $250,000 for a grant to a quali5 fied national organization to provide technical assistance 

6 for rural transportation in order to promote economic de7 velopment: Provided further, That sections 381E–H and 

8 381N of the Consolidated Farm and Rural Development Act 

9 are not applicable to funds made available under this head10 ing. 

11 INTERMEDIARY RELENDING PROGRAM FUND ACCOUNT

12 (INCLUDING TRANSFER OF FUNDS)

13 For the principal amount of direct loans, as authorized 

14 by the Intermediary Relending Program Fund Account (7 

15 U.S.C. 1936b), $18,889,000. 

16 For the cost of direct loans, $5,219,000, as authorized 

17 by the Intermediary Relending Program Fund Account (7 

18 U.S.C. 1936b), of which $557,000 shall be available through 

19 June 30, 2020, for Federally Recognized Native American 

20 Tribes; and of which $1,072,000 shall be available through 

21 June 30, 2020, for Mississippi Delta Region counties (as 

22 determined in accordance with Public Law 100–460): Pro23 vided, That such costs, including the cost of modifying such 

24 loans, shall be as defined in section 502 of the Congressional 

25 Budget Act of 1974. 
228 

•HR 1865 EAH 

1 In addition, for administrative expenses to carry out 

2 the direct loan programs, $4,468,000 shall be transferred 

3 to and merged with the appropriation for ‘‘Rural Develop4 ment, Salaries and Expenses’’. 

5 RURAL ECONOMIC DEVELOPMENT LOANS PROGRAM

6 ACCOUNT

7 For the principal amount of direct loans, as authorized 

8 under section 313B(a) of the Rural Electrification Act, for 

9 the purpose of promoting rural economic development and 

10 job creation projects, $50,000,000. 

11 The cost of grants authorized under section 313B(a) 

12 of the Rural Electrification Act, for the purpose of pro13 moting rural economic development and job creation 

14 projects shall not exceed $10,000,000. 

15 RURAL COOPERATIVE DEVELOPMENT GRANTS

16 For rural cooperative development grants authorized 

17 under section 310B(e) of the Consolidated Farm and Rural 

18 Development Act (7 U.S.C. 1932), $26,600,000, of which 

19 $2,800,000 shall be for cooperative agreements for the ap20 propriate technology transfer for rural areas program: Pro21 vided, That not to exceed $3,000,000 shall be for grants for 

22 cooperative development centers, individual cooperatives, or 

23 groups of cooperatives that serve socially disadvantaged 

24 groups and a majority of the boards of directors or gov25 erning boards of which are comprised of individuals who 
229 

•HR 1865 EAH 

1 are members of socially disadvantaged groups; and of which 

2 $15,000,000, to remain available until expended, shall be 

3 for value-added agricultural product market development 

4 grants, as authorized by section 210A of the Agricultural 

5 Marketing Act of 1946, of which $3,000,000, to remain 

6 available until expended, shall be for Agriculture Innova7 tion Centers authorized pursuant to section 6402 of Public 

8 Law 107–171. 

9 RURAL MICROENTREPRENEUR ASSISTANCE PROGRAM

10 For the cost of loans and grants, $6,000,000 under the 

11 same terms and conditions as authorized by section 379E 

12 of the Consolidated Farm and Rural Development Act (7 

13 U.S.C. 2008s): Provided, That such costs of loans, including 

14 the cost of modifying such loans, shall be defined in section 

15 502 of the Congressional Budget Act of 1974. 

16 RURAL ENERGY FOR AMERICA PROGRAM

17 For the cost of a program of loan guarantees, under 

18 the same terms and conditions as authorized by section 

19 9007 of the Farm Security and Rural Investment Act of 

20 2002 (7 U.S.C. 8107), $706,000: Provided, That the cost 

21 of loan guarantees, including the cost of modifying such 

22 loans, shall be as defined in section 502 of the Congressional 

23 Budget Act of 1974. 
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1 RURAL UTILITIES SERVICE

2 RURAL WATER AND WASTE DISPOSAL PROGRAM ACCOUNT

3 (INCLUDING TRANSFERS OF FUNDS)

4 For the cost of direct loans, loan guarantees and grants 

5 for rural water, waste water, waste disposal, and solid 

6 waste management programs authorized by sections 306, 

7 306A, 306C, 306D, 306E, and 310B and described in sec8 tions 306C(a)(2), 306D, 306E, and 381E(d)(2) of the Con9 solidated Farm and Rural Development Act, $659,480,000, 

10 to remain available until expended, of which not to exceed 

11 $1,000,000 shall be available for the rural utilities program 

12 described in section 306(a)(2)(B) of such Act, and of which 

13 not to exceed $5,000,000 shall be available for the rural util14 ities program described in section 306E of such Act: Pro15 vided, That not to exceed $15,000,000 of the amount appro16 priated under this heading shall be for grants authorized 

17 by section 306A(i)(2) of the Consolidated Farm and Rural 

18 Development Act in addition to funding authorized by sec19 tion 306A(i)(1) of such Act: Provided further, That 

20 $68,000,000 of the amount appropriated under this heading 

21 shall be for loans and grants including water and waste 

22 disposal systems grants authorized by section 

23 306C(a)(2)(B) and section 306D of the Consolidated Farm 

24 and Rural Development Act, and Federally Recognized Na25 tive American Tribes authorized by 306C(a)(1) of such Act: 
231 

•HR 1865 EAH 

1 Provided further, That funding provided for section 306D 

2 of the Consolidated Farm and Rural Development Act may 

3 be provided to a consortium formed pursuant to section 325 

4 of Public Law 105–83: Provided further, That not more 

5 than 2 percent of the funding provided for section 306D 

6 of the Consolidated Farm and Rural Development Act may 

7 be used by the State of Alaska for training and technical 

8 assistance programs and not more than 2 percent of the 

9 funding provided for section 306D of the Consolidated 

10 Farm and Rural Development Act may be used by a consor11 tium formed pursuant to section 325 of Public Law 105– 

12 83 for training and technical assistance programs: Pro13 vided further, That not to exceed $30,000,000 of the amount 

14 appropriated under this heading shall be for technical as15 sistance grants for rural water and waste systems pursuant 

16 to section 306(a)(14) of such Act, unless the Secretary 

17 makes a determination of extreme need, of which $8,000,000 

18 shall be made available for a grant to a qualified nonprofit 

19 multi-State regional technical assistance organization, with 

20 experience in working with small communities on water 

21 and waste water problems, the principal purpose of such 

22 grant shall be to assist rural communities with populations 

23 of 3,300 or less, in improving the planning, financing, de24 velopment, operation, and management of water and waste 

25 water systems, and of which not less than $800,000 shall 
232 

•HR 1865 EAH 

1 be for a qualified national Native American organization 

2 to provide technical assistance for rural water systems for 

3 tribal communities: Provided further, That not to exceed 

4 $19,570,000 of the amount appropriated under this heading 

5 shall be for contracting with qualified national organiza6 tions for a circuit rider program to provide technical assist7 ance for rural water systems: Provided further, That not 

8 to exceed $4,000,000 shall be for solid waste management 

9 grants: Provided further, That $10,000,000 of the amount 

10 appropriated under this heading shall be transferred to, and 

11 merged with, the Rural Utilities Service, High Energy Cost 

12 Grants Account to provide grants authorized under section 

13 19 of the Rural Electrification Act of 1936 (7 U.S.C. 918a): 

14 Provided further, That any prior year balances for high15 energy cost grants authorized by section 19 of the Rural 

16 Electrification Act of 1936 (7 U.S.C. 918a) shall be trans17 ferred to and merged with the Rural Utilities Service, High 

18 Energy Cost Grants Account: Provided further, That sec19 tions 381E–H and 381N of the Consolidated Farm and 

20 Rural Development Act are not applicable to the funds 

21 made available under this heading. 
233 

•HR 1865 EAH 

1 RURAL ELECTRIFICATION AND TELECOMMUNICATIONS

2 LOANS PROGRAM ACCOUNT

3 (INCLUDING TRANSFER OF FUNDS)

4 The principal amount of direct and guaranteed loans 

5 as authorized by sections 305, 306, and 317 of the Rural 

6 Electrification Act of 1936 (7 U.S.C. 935, 936, and 940g) 

7 shall be made as follows: loans made pursuant to sections 

8 305, 306, and 317, notwithstanding 317(c), of that Act, 

9 rural electric, $5,500,000,000; guaranteed underwriting 

10 loans pursuant to section 313A of that Act, $750,000,000; 

11 5 percent rural telecommunications loans, cost of money 

12 rural telecommunications loans, and for loans made pursu13 ant to section 306 of that Act, rural telecommunications 

14 loans, $690,000,000: Provided, That up to $2,000,000,000 

15 shall be used for the construction, acquisition, design and 

16 engineering or improvement of fossil-fueled electric gener17 ating plants (whether new or existing) that utilize carbon 

18 subsurface utilization and storage systems. 

19 For the cost of direct loans as authorized by section 

20 305 of the Rural Electrification Act of 1936 (7 U.S.C. 935), 

21 including the cost of modifying loans, as defined in section 

22 502 of the Congressional Budget Act of 1974, cost of money 

23 rural telecommunications loans, $3,795,000. 

24 In addition, for administrative expenses necessary to 

25 carry out the direct and guaranteed loan programs, 
234 

•HR 1865 EAH 

1 $33,270,000, which shall be transferred to and merged with 

2 the appropriation for ‘‘Rural Development, Salaries and 

3 Expenses’’. 

4 DISTANCE LEARNING, TELEMEDICINE, AND BROADBAND

5 PROGRAM

6 For the principal amount of broadband telecommuni7 cation loans, $11,179,000. 

8 For grants for telemedicine and distance learning serv9 ices in rural areas, as authorized by 7 U.S.C. 950aaa et 

10 seq., $50,000,000, to remain available until expended: Pro11 vided, That $3,000,000 shall be made available for grants 

12 authorized by 379G of the Consolidated Farm and Rural 

13 Development Act: Provided further, That funding provided 

14 under this heading for grants under 379G of the Consoli15 dated Farm and Rural Development Act may only be pro16 vided to entities that meet all of the eligibility criteria for 

17 a consortium as established by this section. 

18 For the cost of broadband loans, as authorized by sec19 tion 601 of the Rural Electrification Act, $2,000,000, to re20 main available until expended: Provided, That the cost of 

21 direct loans shall be as defined in section 502 of the Con22 gressional Budget Act of 1974. 

23 In addition, $35,000,000, to remain available until ex24 pended, for a grant program to finance broadband trans25 mission in rural areas eligible for Distance Learning and 
235 

•HR 1865 EAH 

1 Telemedicine Program benefits authorized by 7 U.S.C. 

2 950aaa et seq. 

3 TITLE IV 

4 DOMESTIC FOOD PROGRAMS 

5 OFFICE OF THE UNDER SECRETARY FOR FOOD, 

6 NUTRITION, AND CONSUMER SERVICES

7 For necessary expenses of the Office of the Under Sec8 retary for Food, Nutrition, and Consumer Services, 

9 $800,000: Provided, That funds made available by this Act 

10 to an agency in the Food, Nutrition and Consumer Services 

11 mission area for salaries and expenses are available to fund 

12 up to one administrative support staff for the Office. 

13 FOOD AND NUTRITION SERVICE

14 CHILD NUTRITION PROGRAMS

15 (INCLUDING TRANSFERS OF FUNDS)

16 For necessary expenses to carry out the Richard B. 

17 Russell National School Lunch Act (42 U.S.C. 1751 et seq.), 

18 except section 21, and the Child Nutrition Act of 1966 (42 

19 U.S.C. 1771 et seq.), except sections 17 and 21; 

20 $23,615,098,000 to remain available through September 30, 

21 2021, of which such sums as are made available under sec22 tion 14222(b)(1) of the Food, Conservation, and Energy Act 

23 of 2008 (Public Law 110–246), as amended by this Act, 

24 shall be merged with and available for the same time period 

25 and purposes as provided herein: Provided, That of the total 
236 

•HR 1865 EAH 

1 amount available, $18,004,000 shall be available to carry 

2 out section 19 of the Child Nutrition Act of 1966 (42 U.S.C. 

3 1771 et seq.): Provided further, That of the total amount 

4 available, $14,999,000 shall be available to carry out stud5 ies and evaluations and shall remain available until ex6 pended: Provided further, That of the total amount avail7 able, $30,000,000 shall be available to provide competitive 

8 grants to State agencies for subgrants to local educational 

9 agencies and schools to purchase the equipment, with a 

10 value of greater than $1,000, needed to serve healthier 

11 meals, improve food safety, and to help support the estab12 lishment, maintenance, or expansion of the school breakfast 

13 program: Provided further, That of the total amount avail14 able, $35,000,000 shall remain available until expended to 

15 carry out section 749(g) of the Agriculture Appropriations 

16 Act of 2010 (Public Law 111–80): Provided further, That 

17 section 26(d) of the Richard B. Russell National School 

18 Lunch Act (42 U.S.C. 1769g(d)) is amended in the first 

19 sentence by striking ‘‘2010 through 2019’’ and inserting 

20 ‘‘2010 through 2021’’: Provided further, That section 

21 9(h)(3) of the Richard B. Russell National School Lunch 

22 Act (42 U.S.C. 1758(h)(3)) is amended in the first sentence 

23 by striking ‘‘For fiscal year 2019’’ and inserting ‘‘For fiscal 

24 year 2020’’: Provided further, That section 9(h)(4) of the 

25 Richard B. Russell National School Lunch Act (42 U.S.C. 
237 

•HR 1865 EAH 

1 1758(h)(4)) is amended in the first sentence by striking 

2 ‘‘For fiscal year 2019’’ and inserting ‘‘For fiscal year 

3 2020’’. 

4 SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR

5 WOMEN, INFANTS, AND CHILDREN (WIC)

6 For necessary expenses to carry out the special supple7 mental nutrition program as authorized by section 17 of 

8 the Child Nutrition Act of 1966 (42 U.S.C. 1786), 

9 $6,000,000,000, to remain available through September 30, 

10 2021: Provided, That notwithstanding section 17(h)(10) of 

11 the Child Nutrition Act of 1966 (42 U.S.C. 1786(h)(10)), 

12 not less than $90,000,000 shall be used for breastfeeding 

13 peer counselors and other related activities, and 

14 $14,000,000 shall be used for infrastructure: Provided fur15 ther, That none of the funds provided in this account shall 

16 be available for the purchase of infant formula except in 

17 accordance with the cost containment and competitive bid18 ding requirements specified in section 17 of such Act: Pro19 vided further, That none of the funds provided shall be 

20 available for activities that are not fully reimbursed by 

21 other Federal Government departments or agencies unless 

22 authorized by section 17 of such Act: Provided further, That 

23 upon termination of a federally mandated vendor morato24 rium and subject to terms and conditions established by the 
238 

•HR 1865 EAH 

1 Secretary, the Secretary may waive the requirement at 7 

2 CFR 246.12(g)(6) at the request of a State agency. 

3 SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM

4 For necessary expenses to carry out the Food and Nu5 trition Act of 2008 (7 U.S.C. 2011 et seq.), $67,886,285,000, 

6 of which $3,000,000,000, to remain available through Sep7 tember 30, 2022, shall be placed in reserve for use only in 

8 such amounts and at such times as may become necessary 

9 to carry out program operations: Provided, That funds pro10 vided herein shall be expended in accordance with section 

11 16 of the Food and Nutrition Act of 2008: Provided further, 

12 That of the funds made available under this heading, 

13 $998,000 may be used to provide nutrition education serv14 ices to State agencies and Federally Recognized Tribes par15 ticipating in the Food Distribution Program on Indian 

16 Reservations: Provided further, That this appropriation 

17 shall be subject to any work registration or workfare re18 quirements as may be required by law: Provided further, 

19 That funds made available for Employment and Training 

20 under this heading shall remain available through Sep21 tember 30, 2021: Provided further, That funds made avail22 able under this heading for section 28(d)(1), section 4(b), 

23 and section 27(a) of the Food and Nutrition Act of 2008 

24 shall remain available through September 30, 2021: Pro25 vided further, That none of the funds made available under 
239 

•HR 1865 EAH 

1 this heading may be obligated or expended in contravention 

2 of section 213A of the Immigration and Nationality Act 

3 (8 U.S.C. 1183A): Provided further, That funds made avail4 able under this heading may be used to enter into contracts 

5 and employ staff to conduct studies, evaluations, or to con6 duct activities related to program integrity provided that 

7 such activities are authorized by the Food and Nutrition 

8 Act of 2008. 

9 COMMODITY ASSISTANCE PROGRAM

10 For necessary expenses to carry out disaster assistance 

11 and the Commodity Supplemental Food Program as au12 thorized by section 4(a) of the Agriculture and Consumer 

13 Protection Act of 1973 (7 U.S.C. 612c note); the Emergency 

14 Food Assistance Act of 1983; special assistance for the nu15 clear affected islands, as authorized by section 103(f)(2) of 

16 the Compact of Free Association Amendments Act of 2003 

17 (Public Law 108–188); and the Farmers’ Market Nutrition 

18 Program, as authorized by section 17(m) of the Child Nutri19 tion Act of 1966, $344,248,000, to remain available through 

20 September 30, 2021: Provided, That none of these funds 

21 shall be available to reimburse the Commodity Credit Cor22 poration for commodities donated to the program: Provided 

23 further, That notwithstanding any other provision of law, 

24 effective with funds made available in fiscal year 2020 to 

25 support the Seniors Farmers’ Market Nutrition Program, 
240 

•HR 1865 EAH 

1 as authorized by section 4402 of the Farm Security and 

2 Rural Investment Act of 2002, such funds shall remain 

3 available through September 30, 2021: Provided further, 

4 That of the funds made available under section 27(a) of 

5 the Food and Nutrition Act of 2008 (7 U.S.C. 2036(a)), 

6 the Secretary may use up to 20 percent for costs associated 

7 with the distribution of commodities. 

8 NUTRITION PROGRAMS ADMINISTRATION

9 For necessary administrative expenses of the Food and 

10 Nutrition Service for carrying out any domestic nutrition 

11 assistance program, $155,891,000: Provided, That of the 

12 funds provided herein, $2,000,000 shall be used for the pur13 poses of section 4404 of Public Law 107–171, as amended 

14 by section 4401 of Public Law 110–246. 

15 TITLE V 

16 FOREIGN ASSISTANCE AND RELATED PROGRAMS 

17 OFFICE OF THE UNDER SECRETARY FOR TRADE AND

18 FOREIGN AGRICULTURAL AFFAIRS

19 For necessary expenses of the Office of the Under Sec20 retary for Trade and Foreign Agricultural Affairs, 

21 $875,000: Provided, That funds made available by this Act 

22 to any agency in the Trade and Foreign Agricultural Af23 fairs mission area for salaries and expenses are available 

24 to fund up to one administrative support staff for the Office. 
241 

•HR 1865 EAH 

1 OFFICE OF CODEX ALIMENTARIUS

2 For necessary expenses of the Office of Codex 

3 Alimentarius, $4,775,000, including not to exceed $40,000 

4 for official reception and representation expenses. 

5 FOREIGN AGRICULTURAL SERVICE

6 SALARIES AND EXPENSES

7 (INCLUDING TRANSFERS OF FUNDS)

8 For necessary expenses of the Foreign Agricultural 

9 Service, including not to exceed $250,000 for representation 

10 allowances and for expenses pursuant to section 8 of the 

11 Act approved August 3, 1956 (7 U.S.C. 1766), 

12 $215,513,000, of which no more than 6 percent shall remain 

13 available until September 30, 2021, for overseas operations 

14 to include the payment of locally employed staff: Provided, 

15 That the Service may utilize advances of funds, or reim16 burse this appropriation for expenditures made on behalf 

17 of Federal agencies, public and private organizations and 

18 institutions under agreements executed pursuant to the ag19 ricultural food production assistance programs (7 U.S.C. 

20 1737) and the foreign assistance programs of the United 

21 States Agency for International Development: Provided fur22 ther, That funds made available for middle-income country 

23 training programs, funds made available for the Borlaug 

24 International Agricultural Science and Technology Fellow25 ship program, and up to $2,000,000 of the Foreign Agricul-
242 

•HR 1865 EAH 

1 tural Service appropriation solely for the purpose of offset2 ting fluctuations in international currency exchange rates, 

3 subject to documentation by the Foreign Agricultural Serv4 ice, shall remain available until expended. 

5 FOOD FOR PEACE TITLE I DIRECT CREDIT AND FOOD FOR

6 PROGRESS PROGRAM ACCOUNT

7 (INCLUDING TRANSFER OF FUNDS)

8 For administrative expenses to carry out the credit 

9 program of title I, Food for Peace Act (Public Law 83– 

10 480) and the Food for Progress Act of 1985, $142,000, shall 

11 be transferred to and merged with the appropriation for 

12 ‘‘Farm Service Agency, Salaries and Expenses’’. 

13 FOOD FOR PEACE TITLE II GRANTS

14 For expenses during the current fiscal year, not other15 wise recoverable, and unrecovered prior years’ costs, includ16 ing interest thereon, under the Food for Peace Act (Public 

17 Law 83–480), for commodities supplied in connection with 

18 dispositions abroad under title II of said Act, 

19 $1,725,000,000, to remain available until expended. 

20 MCGOVERN-DOLE INTERNATIONAL FOOD FOR EDUCATION

21 AND CHILD NUTRITION PROGRAM GRANTS

22 For necessary expenses to carry out the provisions of 

23 section 3107 of the Farm Security and Rural Investment 

24 Act of 2002 (7 U.S.C. 1736o–1), $220,000,000, to remain 

25 available until expended: Provided, That the Commodity 
243 

•HR 1865 EAH 

1 Credit Corporation is authorized to provide the services, fa2 cilities, and authorities for the purpose of implementing 

3 such section, subject to reimbursement from amounts pro4 vided herein: Provided further, That of the amount made 

5 available under this heading, not more than 10 percent, but 

6 not less than $20,000,000, shall remain available until ex7 pended to purchase agricultural commodities as described 

8 in subsection 3107(a)(2) of the Farm Security and Rural 

9 Investment Act of 2002 (7 U.S.C. 1736o–1(a)(2)). 

10 COMMODITY CREDIT CORPORATION EXPORT (LOANS)

11 CREDIT GUARANTEE PROGRAM ACCOUNT

12 (INCLUDING TRANSFERS OF FUNDS)

13 For administrative expenses to carry out the Com14 modity Credit Corporation’s Export Guarantee Program, 

15 GSM 102 and GSM 103, $6,381,000, to cover common over16 head expenses as permitted by section 11 of the Commodity 

17 Credit Corporation Charter Act and in conformity with the 

18 Federal Credit Reform Act of 1990, of which $6,063,000 

19 shall be transferred to and merged with the appropriation 

20 for ‘‘Foreign Agricultural Service, Salaries and Expenses’’, 

21 and of which $318,000 shall be transferred to and merged 

22 with the appropriation for ‘‘Farm Service Agency, Salaries 

23 and Expenses’’. 
244 

•HR 1865 EAH 

1 TITLE VI 

2 RELATED AGENCIES AND FOOD AND DRUG 

3 ADMINISTRATION 

4 DEPARTMENT OF HEALTH AND HUMAN SERVICES

5 FOOD AND DRUG ADMINISTRATION

6 SALARIES AND EXPENSES

7 For necessary expenses of the Food and Drug Adminis8 tration, including hire and purchase of passenger motor ve9 hicles; for payment of space rental and related costs pursu10 ant to Public Law 92–313 for programs and activities of 

11 the Food and Drug Administration which are included in 

12 this Act; for rental of special purpose space in the District 

13 of Columbia or elsewhere; in addition to amounts appro14 priated to the FDA Innovation Account, for carrying out 

15 the activities described in section 1002(b)(4) of the 21st 

16 Century Cures Act (Public Law 114–255); for miscellaneous 

17 and emergency expenses of enforcement activities, author18 ized and approved by the Secretary and to be accounted 

19 for solely on the Secretary’s certificate, not to exceed 

20 $25,000; and notwithstanding section 521 of Public Law 

21 107–188; $5,772,442,000: Provided, That of the amount 

22 provided under this heading, $1,074,714,000 shall be de23 rived from prescription drug user fees authorized by 21 

24 U.S.C. 379h, and shall be credited to this account and re25 main available until expended; $220,142,000 shall be de-
245 

•HR 1865 EAH 

1 rived from medical device user fees authorized by 21 U.S.C. 

2 379j, and shall be credited to this account and remain 

3 available until expended; $513,223,000 shall be derived 

4 from human generic drug user fees authorized by 21 U.S.C. 

5 379j–42, and shall be credited to this account and remain 

6 available until expended; $41,923,000 shall be derived from 

7 biosimilar biological product user fees authorized by 21 

8 U.S.C. 379j–52, and shall be credited to this account and 

9 remain available until expended; $30,611,000 shall be de10 rived from animal drug user fees authorized by 21 U.S.C. 

11 379j–12, and shall be credited to this account and remain 

12 available until expended; $20,151,000 shall be derived from 

13 generic new animal drug user fees authorized by 21 U.S.C. 

14 379j–21, and shall be credited to this account and remain 

15 available until expended; $712,000,000 shall be derived 

16 from tobacco product user fees authorized by 21 U.S.C. 

17 387s, and shall be credited to this account and remain 

18 available until expended: Provided further, That in addi19 tion to and notwithstanding any other provision under this 

20 heading, amounts collected for prescription drug user fees, 

21 medical device user fees, human generic drug user fees, bio22 similar biological product user fees, animal drug user fees, 

23 and generic new animal drug user fees that exceed the re24 spective fiscal year 2020 limitations are appropriated and 

25 shall be credited to this account and remain available until 
246 

•HR 1865 EAH 

1 expended: Provided further, That fees derived from prescrip2 tion drug, medical device, human generic drug, biosimilar 

3 biological product, animal drug, and generic new animal 

4 drug assessments for fiscal year 2020, including any such 

5 fees collected prior to fiscal year 2020 but credited for fiscal 

6 year 2020, shall be subject to the fiscal year 2020 limita7 tions: Provided further, That the Secretary may accept pay8 ment during fiscal year 2020 of user fees specified under 

9 this heading and authorized for fiscal year 2021, prior to 

10 the due date for such fees, and that amounts of such fees 

11 assessed for fiscal year 2021 for which the Secretary accepts 

12 payment in fiscal year 2020 shall not be included in 

13 amounts under this heading: Provided further, That none 

14 of these funds shall be used to develop, establish, or operate 

15 any program of user fees authorized by 31 U.S.C. 9701: 

16 Provided further, That of the total amount appropriated: 

17 (1) $1,088,881,000 shall be for the Center for Food Safety 

18 and Applied Nutrition and related field activities in the 

19 Office of Regulatory Affairs, of which no less than 

20 $15,000,000 shall be used for inspections of foreign seafood 

21 manufacturers and field examinations of imported seafood; 

22 (2) $1,972,093,000 shall be for the Center for Drug Evalua23 tion and Research and related field activities in the Office 

24 of Regulatory Affairs; (3) $419,302,000 shall be for the Cen25 ter for Biologics Evaluation and Research and for related 
247 

•HR 1865 EAH 

1 field activities in the Office of Regulatory Affairs; (4) 

2 $237,741,000 shall be for the Center for Veterinary Medicine 

3 and for related field activities in the Office of Regulatory 

4 Affairs; (5) $581,761,000 shall be for the Center for Devices 

5 and Radiological Health and for related field activities in 

6 the Office of Regulatory Affairs; (6) $66,712,000 shall be 

7 for the National Center for Toxicological Research; (7) 

8 $661,739,000 shall be for the Center for Tobacco Products 

9 and for related field activities in the Office of Regulatory 

10 Affairs; (8) $186,399,000 shall be for Rent and Related ac11 tivities, of which $53,913,000 is for White Oak Consolida12 tion, other than the amounts paid to the General Services 

13 Administration for rent; (9) $239,717,000 shall be for pay14 ments to the General Services Administration for rent; and 

15 (10) $318,097,000 shall be for other activities, including the 

16 Office of the Commissioner of Food and Drugs, the Office 

17 of Foods and Veterinary Medicine, the Office of Medical and 

18 Tobacco Products, the Office of Global and Regulatory Pol19 icy, the Office of Operations, the Office of the Chief Sci20 entist, and central services for these offices: Provided fur21 ther, That not to exceed $25,000 of this amount shall be 

22 for official reception and representation expenses, not other23 wise provided for, as determined by the Commissioner: Pro24 vided further, That any transfer of funds pursuant to sec25 tion 770(n) of the Federal Food, Drug, and Cosmetic Act 
248 

•HR 1865 EAH 

1 (21 U.S.C. 379dd(n)) shall only be from amounts made 

2 available under this heading for other activities: Provided 

3 further, That of the amounts that are made available under 

4 this heading for ‘‘other activities’’, and that are not derived 

5 from user fees, $1,500,000 shall be transferred to and 

6 merged with the appropriation for ‘‘Department of Health 

7 and Human Services—Office of Inspector General’’ for 

8 oversight of the programs and operations of the Food and 

9 Drug Administration and shall be in addition to funds oth10 erwise made available for oversight of the Food and Drug 

11 Administration: Provided further, That funds may be 

12 transferred from one specified activity to another with the 

13 prior approval of the Committees on Appropriations of both 

14 Houses of Congress. 

15 In addition, mammography user fees authorized by 42 

16 U.S.C. 263b, export certification user fees authorized by 21 

17 U.S.C. 381, priority review user fees authorized by 21 

18 U.S.C. 360n and 360ff, food and feed recall fees, food rein19 spection fees, and voluntary qualified importer program 

20 fees authorized by 21 U.S.C. 379j–31, outsourcing facility 

21 fees authorized by 21 U.S.C. 379j–62, prescription drug 

22 wholesale distributor licensing and inspection fees author23 ized by 21 U.S.C. 353(e)(3), third-party logistics provider 

24 licensing and inspection fees authorized by 21 U.S.C. 

25 360eee–3(c)(1), third-party auditor fees authorized by 21 
249 

•HR 1865 EAH 

1 U.S.C. 384d(c)(8), and medical countermeasure priority re2 view voucher user fees authorized by 21 U.S.C. 360bbb–4a, 

3 and, contingent upon the enactment of the Over-the-Counter 

4 Monograph User Fee Act of 2019, fees relating to over-the5 counter monograph drugs authorized by part 10 of sub6 chapter C of Chapter VII of the Federal Food, Drug and 

7 Cosmetic Act shall be credited to this account, to remain 

8 available until expended. 

9 BUILDINGS AND FACILITIES

10 For plans, construction, repair, improvement, exten11 sion, alteration, demolition, and purchase of fixed equip12 ment or facilities of or used by the Food and Drug Adminis13 tration, where not otherwise provided, $11,788,000, to re14 main available until expended. 

15 FDA INNOVATION ACCOUNT, CURES ACT

16 (INCLUDING TRANSFER OF FUNDS)

17 For necessary expenses to carry out the purposes de18 scribed under section 1002(b)(4) of the 21st Century Cures 

19 Act, in addition to amounts available for such purposes 

20 under the heading ‘‘Salaries and Expenses’’, $75,000,000, 

21 to remain available until expended: Provided, That 

22 amounts appropriated in this paragraph are appropriated 

23 pursuant to section 1002(b)(3) of the 21st Century Cures 

24 Act, are to be derived from amounts transferred under sec25 tion 1002(b)(2)(A) of such Act, and may be transferred by 
250 

•HR 1865 EAH 

1 the Commissioner of Food and Drugs to the appropriation 

2 for ‘‘Department of Health and Human Services Food and 

3 Drug Administration Salaries and Expenses’’ solely for the 

4 purposes provided in such Act: Provided further, That upon 

5 a determination by the Commissioner that funds trans6 ferred pursuant to the previous proviso are not necessary 

7 for the purposes provided, such amounts may be transferred 

8 back to the account: Provided further, That such transfer 

9 authority is in addition to any other transfer authority 

10 provided by law. 

11 INDEPENDENT AGENCIES 

12 COMMODITY FUTURES TRADING COMMISSION

13 For necessary expenses to carry out the provisions of 

14 the Commodity Exchange Act (7 U.S.C. 1 et seq.), including 

15 the purchase and hire of passenger motor vehicles, and the 

16 rental of space (to include multiple year leases), in the Dis17 trict of Columbia and elsewhere, $284,000,000, including 

18 not to exceed $3,000 for official reception and representa19 tion expenses, and not to exceed $25,000 for the expenses 

20 for consultations and meetings hosted by the Commission 

21 with foreign governmental and other regulatory officials, of 

22 which not less than $20,000,000 shall remain available 

23 until September 30, 2021, and of which not less than 

24 $3,200,000 shall be for expenses of the Office of the Inspector 

25 General: Provided, That notwithstanding the limitations in 
251 

•HR 1865 EAH 

1 31 U.S.C. 1553, amounts provided under this heading are 

2 available for the liquidation of obligations equal to current 

3 year payments on leases entered into prior to the date of 

4 enactment of this Act: Provided further, That for the pur5 pose of recording and liquidating any lease obligations that 

6 should have been recorded and liquidated against accounts 

7 closed pursuant to 31 U.S.C. 1552, and consistent with the 

8 preceding proviso, such amounts shall be transferred to and 

9 recorded in a no-year account in the Treasury, which has 

10 been established for the sole purpose of recording adjust11 ments for and liquidating such unpaid obligations. 

12 In addition, for move, replication, and related costs 

13 associated with replacement leases for the Commission’s fa14 cilities, not to exceed $31,000,000, to remain available until 

15 expended. 

16 FARM CREDIT ADMINISTRATION

17 LIMITATION ON ADMINISTRATIVE EXPENSES

18 Not to exceed $77,000,000 (from assessments collected 

19 from farm credit institutions, including the Federal Agri20 cultural Mortgage Corporation) shall be obligated during 

21 the current fiscal year for administrative expenses as au22 thorized under 12 U.S.C. 2249: Provided, That this limita23 tion shall not apply to expenses associated with receiver24 ships: Provided further, That the agency may exceed this 

25 limitation by up to 10 percent with notification to the Com-
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•HR 1865 EAH 

1 mittees on Appropriations of both Houses of Congress: Pro2 vided further, That the purposes of section 3.7(b)(2)(A)(i) 

3 of the Farm Credit Act of 1971 (12 U.S.C. 

4 2128(b)(2)(A)(i)), the Farm Credit Administration may ex5 empt, an amount in its sole discretion, from the application 

6 of the limitation provided in that clause of export loans 

7 described in the clause guaranteed or insured in a manner 

8 other than described in subclause (II) of the clause. 

9 TITLE VII 

10 GENERAL PROVISIONS 

11 (INCLUDING RESCISSIONS AND TRANSFERS OF FUNDS)

12 SEC. 701. The Secretary may use any appropriations 

13 made available to the Department of Agriculture in this 

14 Act to purchase new passenger motor vehicles, in addition 

15 to specific appropriations for this purpose, so long as the 

16 total number of vehicles purchased in fiscal year 2020 does 

17 not exceed the number of vehicles owned or leased in fiscal 

18 year 2018: Provided, That, prior to purchasing additional 

19 motor vehicles, the Secretary must determine that such vehi20 cles are necessary for transportation safety, to reduce oper21 ational costs, and for the protection of life, property, and 

22 public safety: Provided further, That the Secretary may not 

23 increase the Department of Agriculture’s fleet above the 

24 2018 level unless the Secretary notifies in writing, and re-
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•HR 1865 EAH 

1 ceives approval from, the Committees on Appropriations of 

2 both Houses of Congress within 30 days of the notification. 

3 SEC. 702. Notwithstanding any other provision of this 

4 Act, the Secretary of Agriculture may transfer unobligated 

5 balances of discretionary funds appropriated by this Act 

6 or any other available unobligated discretionary balances 

7 that are remaining available of the Department of Agri8 culture to the Working Capital Fund for the acquisition of 

9 plant and capital equipment necessary for the delivery of 

10 financial, administrative, and information technology serv11 ices of primary benefit to the agencies of the Department 

12 of Agriculture, such transferred funds to remain available 

13 until expended: Provided, That none of the funds made 

14 available by this Act or any other Act shall be transferred 

15 to the Working Capital Fund without the prior approval 

16 of the agency administrator: Provided further, That none 

17 of the funds transferred to the Working Capital Fund pur18 suant to this section shall be available for obligation with19 out written notification to and the prior approval of the 

20 Committees on Appropriations of both Houses of Congress: 

21 Provided further, That none of the funds appropriated by 

22 this Act or made available to the Department’s Working 

23 Capital Fund shall be available for obligation or expendi24 ture to make any changes to the Department’s National Fi25 nance Center without written notification to and prior ap-
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•HR 1865 EAH 

1 proval of the Committees on Appropriations of both Houses 

2 of Congress as required by section 716 of this Act: Provided 

3 further, That none of the funds appropriated by this Act 

4 or made available to the Department’s Working Capital 

5 Fund shall be available for obligation or expenditure to ini6 tiate, plan, develop, implement, or make any changes to re7 move or relocate any systems, missions, or functions of the 

8 offices of the Chief Financial Officer or any personnel from 

9 the National Finance Center prior to written notification 

10 to and prior approval of the Committee on Appropriations 

11 of both Houses of Congress and in accordance with the re12 quirements of section 716 of this Act: Provided further, That 

13 the Secretary of Agriculture and the offices of the Chief Fi14 nancial Officer shall actively market to existing and new 

15 Departments and other government agencies National Fi16 nance Center shared services including, but not limited to, 

17 payroll, financial management, and human capital shared 

18 services and allow the National Finance Center to perform 

19 technology upgrades: Provided further, That of annual in20 come amounts in the Working Capital Fund of the Depart21 ment of Agriculture attributable to the amounts in excess 

22 of the true costs of the shared services provided by the Na23 tional Finance Center and budgeted for the National Fi24 nance Center, the Secretary shall reserve not more than 4 

25 percent for the replacement or acquisition of capital equip-
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•HR 1865 EAH 

1 ment, including equipment for the improvement, delivery, 

2 and implementation of financial, administrative, and in3 formation technology services, and other systems of the Na4 tional Finance Center or to pay any unforeseen, extraor5 dinary cost of the National Finance Center: Provided fur6 ther, That none of the amounts reserved shall be available 

7 for obligation unless the Secretary submits written notifica8 tion of the obligation to the Committees on Appropriations 

9 of both Houses of Congress: Provided further, That the limi10 tations on the obligation of funds pending notification to 

11 Congressional Committees shall not apply to any obligation 

12 that, as determined by the Secretary, is necessary to re13 spond to a declared state of emergency that significantly 

14 impacts the operations of the National Finance Center; or 

15 to evacuate employees of the National Finance Center to 

16 a safe haven to continue operations of the National Finance 

17 Center. 

18 SEC. 703. No part of any appropriation contained in 

19 this Act shall remain available for obligation beyond the 

20 current fiscal year unless expressly so provided herein. 

21 SEC. 704. No funds appropriated by this Act may be 

22 used to pay negotiated indirect cost rates on cooperative 

23 agreements or similar arrangements between the United 

24 States Department of Agriculture and nonprofit institu25 tions in excess of 10 percent of the total direct cost of the 
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•HR 1865 EAH 

1 agreement when the purpose of such cooperative arrange2 ments is to carry out programs of mutual interest between 

3 the two parties. This does not preclude appropriate pay4 ment of indirect costs on grants and contracts with such 

5 institutions when such indirect costs are computed on a 

6 similar basis for all agencies for which appropriations are 

7 provided in this Act. 

8 SEC. 705. Appropriations to the Department of Agri9 culture for the cost of direct and guaranteed loans made 

10 available in the current fiscal year shall remain available 

11 until expended to disburse obligations made in the current 

12 fiscal year for the following accounts: the Rural Develop13 ment Loan Fund program account, the Rural Electrifica14 tion and Telecommunication Loans program account, and 

15 the Rural Housing Insurance Fund program account. 

16 SEC. 706. None of the funds made available to the De17 partment of Agriculture by this Act may be used to acquire 

18 new information technology systems or significant up19 grades, as determined by the Office of the Chief Information 

20 Officer, without the approval of the Chief Information Offi21 cer and the concurrence of the Executive Information Tech22 nology Investment Review Board: Provided, That notwith23 standing any other provision of law, none of the funds ap24 propriated or otherwise made available by this Act may be 

25 transferred to the Office of the Chief Information Officer 
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1 without written notification to and the prior approval of 

2 the Committees on Appropriations of both Houses of Con3 gress: Provided further, That, notwithstanding section 

4 11319 of title 40, United States Code, none of the funds 

5 available to the Department of Agriculture for information 

6 technology shall be obligated for projects, contracts, or other 

7 agreements over $25,000 prior to receipt of written ap8 proval by the Chief Information Officer: Provided further, 

9 That the Chief Information Officer may authorize an agen10 cy to obligate funds without written approval from the 

11 Chief Information Officer for projects, contracts, or other 

12 agreements up to $250,000 based upon the performance of 

13 an agency measured against the performance plan require14 ments described in the explanatory statement accom15 panying Public Law 113–235. 

16 SEC. 707. Funds made available under section 524(b) 

17 of the Federal Crop Insurance Act (7 U.S.C. 1524(b)) in 

18 the current fiscal year shall remain available until ex19 pended to disburse obligations made in the current fiscal 

20 year. 

21 SEC. 708. Notwithstanding any other provision of law, 

22 any former RUS borrower that has repaid or prepaid an 

23 insured, direct or guaranteed loan under the Rural Elec24 trification Act of 1936, or any not-for-profit utility that 

25 is eligible to receive an insured or direct loan under such 
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1 Act, shall be eligible for assistance under section 313B(a) 

2 of such Act in the same manner as a borrower under such 

3 Act. 

4 SEC. 709. (a) Except as otherwise specifically provided 

5 by law, not more than $20,000,000 in unobligated balances 

6 from appropriations made available for salaries and ex7 penses in this Act for the Farm Service Agency shall remain 

8 available through September 30, 2021, for information tech9 nology expenses. 

10 (b) Except as otherwise specifically provided by law, 

11 not more than $20,000,000 in unobligated balances from 

12 appropriations made available for salaries and expenses in 

13 this Act for the Rural Development mission area shall re14 main available through September 30, 2021, for informa15 tion technology expenses. 

16 SEC. 710. None of the funds appropriated or otherwise 

17 made available by this Act may be used for first-class travel 

18 by the employees of agencies funded by this Act in con19 travention of sections 301–10.122 through 301–10.124 of 

20 title 41, Code of Federal Regulations. 

21 SEC. 711. In the case of each program established or 

22 amended by the Agricultural Act of 2014 (Public Law 113– 

23 79) or by a successor to that Act, other than by title I or 

24 subtitle A of title III of such Act, or programs for which 

25 indefinite amounts were provided in that Act, that is au-
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•HR 1865 EAH 

1 thorized or required to be carried out using funds of the 

2 Commodity Credit Corporation— 

3 (1) such funds shall be available for salaries and 

4 related administrative expenses, including technical 

5 assistance, associated with the implementation of the 

6 program, without regard to the limitation on the total 

7 amount of allotments and fund transfers contained in 

8 section 11 of the Commodity Credit Corporation 

9 Charter Act (15 U.S.C. 714i); and 

10 (2) the use of such funds for such purpose shall 

11 not be considered to be a fund transfer or allotment 

12 for purposes of applying the limitation on the total 

13 amount of allotments and fund transfers contained in 

14 such section. 

15 SEC. 712. Of the funds made available by this Act, not 

16 more than $2,900,000 shall be used to cover necessary ex17 penses of activities related to all advisory committees, pan18 els, commissions, and task forces of the Department of Agri19 culture, except for panels used to comply with negotiated 

20 rule makings and panels used to evaluate competitively 

21 awarded grants. 

22 SEC. 713. (a) None of the funds made available in this 

23 Act may be used to maintain or establish a computer net24 work unless such network blocks the viewing, downloading, 

25 and exchanging of pornography. 
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•HR 1865 EAH 

1 (b) Nothing in subsection (a) shall limit the use of 

2 funds necessary for any Federal, State, tribal, or local law 

3 enforcement agency or any other entity carrying out crimi4 nal investigations, prosecution, or adjudication activities. 

5 SEC. 714. Notwithstanding subsection (b) of section 

6 14222 of Public Law 110–246 (7 U.S.C. 612c–6; in this 

7 section referred to as ‘‘section 14222’’), none of the funds 

8 appropriated or otherwise made available by this or any 

9 other Act shall be used to pay the salaries and expenses of 

10 personnel to carry out a program under section 32 of the 

11 Act of August 24, 1935 (7 U.S.C. 612c; in this section re12 ferred to as ‘‘section 32’’) in excess of $1,331,725,000 (exclu13 sive of carryover appropriations from prior fiscal years), 

14 as follows: Child Nutrition Programs Entitlement Commod15 ities—$485,000,000; State Option Contracts—$5,000,000; 

16 Removal of Defective Commodities—$2,500,000; Adminis17 tration of Section 32 Commodity Purchases—$35,853,000: 

18 Provided, That of the total funds made available in the mat19 ter preceding this proviso that remain unobligated on Octo20 ber 1, 2020, such unobligated balances shall carryover into 

21 fiscal year 2021 and shall remain available until expended 

22 for any of the purposes of section 32, except that any such 

23 carryover funds used in accordance with clause (3) of sec24 tion 32 may not exceed $350,000,000 and may not be obli25 gated until the Secretary of Agriculture provides written 
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•HR 1865 EAH 

1 notification of the expenditures to the Committees on Ap2 propriations of both Houses of Congress at least two weeks 

3 in advance: Provided further, That, with the exception of 

4 any available carryover funds authorized in any prior ap5 propriations Act to be used for the purposes of clause (3) 

6 of section 32, none of the funds appropriated or otherwise 

7 made available by this or any other Act shall be used to 

8 pay the salaries or expenses of any employee of the Depart9 ment of Agriculture to carry out clause (3) of section 32. 

10 SEC. 715. None of the funds appropriated by this or 

11 any other Act shall be used to pay the salaries and expenses 

12 of personnel who prepare or submit appropriations lan13 guage as part of the President’s budget submission to the 

14 Congress for programs under the jurisdiction of the Appro15 priations Subcommittees on Agriculture, Rural Develop16 ment, Food and Drug Administration, and Related Agen17 cies that assumes revenues or reflects a reduction from the 

18 previous year due to user fees proposals that have not been 

19 enacted into law prior to the submission of the budget unless 

20 such budget submission identifies which additional spend21 ing reductions should occur in the event the user fees pro22 posals are not enacted prior to the date of the convening 

23 of a committee of conference for the fiscal year 2021 appro24 priations Act. 
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1 SEC. 716. (a) None of the funds provided by this Act, 

2 or provided by previous appropriations Acts to the agencies 

3 funded by this Act that remain available for obligation or 

4 expenditure in the current fiscal year, or provided from any 

5 accounts in the Treasury derived by the collection of fees 

6 available to the agencies funded by this Act, shall be avail7 able for obligation or expenditure through a reprogram8 ming, transfer of funds, or reimbursements as authorized 

9 by the Economy Act, or in the case of the Department of 

10 Agriculture, through use of the authority provided by sec11 tion 702(b) of the Department of Agriculture Organic Act 

12 of 1944 (7 U.S.C. 2257) or section 8 of Public Law 89– 

13 106 (7 U.S.C. 2263), that— 

14 (1) creates new programs; 

15 (2) eliminates a program, project, or activity; 

16 (3) increases funds or personnel by any means 

17 for any project or activity for which funds have been 

18 denied or restricted; 

19 (4) relocates an office or employees; 

20 (5) reorganizes offices, programs, or activities; or 

21 (6) contracts out or privatizes any functions or 

22 activities presently performed by Federal employees; 

23 unless the Secretary of Agriculture, the Chairman of the 

24 Commodity Futures Trading Commission, or the Secretary 

25 of Health and Human Services (as the case may be) notifies 
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•HR 1865 EAH 

1 in writing and receives approval from the Committees on 

2 Appropriations of both Houses of Congress at least 30 days 

3 in advance of the reprogramming of such funds or the use 

4 of such authority. 

5 (b) None of the funds provided by this Act, or provided 

6 by previous Appropriations Acts to the agencies funded by 

7 this Act that remain available for obligation or expenditure 

8 in the current fiscal year, or provided from any accounts 

9 in the Treasury derived by the collection of fees available 

10 to the agencies funded by this Act, shall be available for 

11 obligation or expenditure for activities, programs, or 

12 projects through a reprogramming or use of the authorities 

13 referred to in subsection (a) involving funds in excess of 

14 $500,000 or 10 percent, whichever is less, that— 

15 (1) augments existing programs, projects, or ac16 tivities; 

17 (2) reduces by 10 percent funding for any exist18 ing program, project, or activity, or numbers of per19 sonnel by 10 percent as approved by Congress; or 

20 (3) results from any general savings from a re21 duction in personnel which would result in a change 

22 in existing programs, activities, or projects as ap23 proved by Congress; 

24 unless the Secretary of Agriculture, the Chairman of the 

25 Commodity Futures Trading Commission, or the Secretary 
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•HR 1865 EAH 

1 of Health and Human Services (as the case may be) notifies 

2 in writing and receives approval from the Committees on 

3 Appropriations of both Houses of Congress at least 30 days 

4 in advance of the reprogramming or transfer of such funds 

5 or the use of such authority. 

6 (c) The Secretary of Agriculture, the Chairman of the 

7 Commodity Futures Trading Commission, or the Secretary 

8 of Health and Human Services shall notify in writing and 

9 receive approval from the Committees on Appropriations of 

10 both Houses of Congress before implementing any program 

11 or activity not carried out during the previous fiscal year 

12 unless the program or activity is funded by this Act or spe13 cifically funded by any other Act. 

14 (d) None of the funds provided by this Act, or provided 

15 by previous Appropriations Acts to the agencies funded by 

16 this Act that remain available for obligation or expenditure 

17 in the current fiscal year, or provided from any accounts 

18 in the Treasury derived by the collection of fees available 

19 to the agencies funded by this Act, shall be available for— 

20 (1) modifying major capital investments funding 

21 levels, including information technology systems, that 

22 involves increasing or decreasing funds in the current 

23 fiscal year for the individual investment in excess of 

24 $500,000 or 10 percent of the total cost, whichever is 

25 less; 
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•HR 1865 EAH 

1 (2) realigning or reorganizing new, current, or 

2 vacant positions or agency activities or functions to 

3 establish a center, office, branch, or similar entity 

4 with five or more personnel; or 

5 (3) carrying out activities or functions that were 

6 not described in the budget request; 

7 unless the agencies funded by this Act notify, in writing, 

8 the Committees on Appropriations of both Houses of Con9 gress at least 30 days in advance of using the funds for 

10 these purposes. 

11 (e) As described in this section, no funds may be used 

12 for any activities unless the Secretary of Agriculture, the 

13 Chairman of the Commodity Futures Trading Commission, 

14 or the Secretary of Health and Human Services receives 

15 from the Committee on Appropriations of both Houses of 

16 Congress written or electronic mail confirmation of receipt 

17 of the notification as required in this section. 

18 SEC. 717. Notwithstanding section 310B(g)(5) of the 

19 Consolidated Farm and Rural Development Act (7 U.S.C. 

20 1932(g)(5)), the Secretary may assess a one-time fee for any 

21 guaranteed business and industry loan in an amount that 

22 does not exceed 3 percent of the guaranteed principal por23 tion of the loan. 

24 SEC. 718. None of the funds appropriated or otherwise 

25 made available to the Department of Agriculture, the Food 
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•HR 1865 EAH 

1 and Drug Administration, the Commodity Futures Trading 

2 Commission, or the Farm Credit Administration shall be 

3 used to transmit or otherwise make available reports, ques4 tions, or responses to questions that are a result of informa5 tion requested for the appropriations hearing process to any 

6 non-Department of Agriculture, non-Department of Health 

7 and Human Services, non-Commodity Futures Trading 

8 Commission, or non-Farm Credit Administration employee. 

9 SEC. 719. Unless otherwise authorized by existing law, 

10 none of the funds provided in this Act, may be used by an 

11 executive branch agency to produce any prepackaged news 

12 story intended for broadcast or distribution in the United 

13 States unless the story includes a clear notification within 

14 the text or audio of the prepackaged news story that the 

15 prepackaged news story was prepared or funded by that ex16 ecutive branch agency. 

17 SEC. 720. No employee of the Department of Agri18 culture may be detailed or assigned from an agency or office 

19 funded by this Act or any other Act to any other agency 

20 or office of the Department for more than 60 days in a 

21 fiscal year unless the individual’s employing agency or of22 fice is fully reimbursed by the receiving agency or office 

23 for the salary and expenses of the employee for the period 

24 of assignment. 
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1 SEC. 721. For the purposes of determining eligibility 

2 or level of program assistance for Rural Development pro3 grams the Secretary shall not include incarcerated prison 

4 populations. 

5 SEC. 722. Not later than 30 days after the date of en6 actment of this Act, the Secretary of Agriculture, the Com7 missioner of the Food and Drug Administration, the Chair8 man of the Commodity Futures Trading Commission, and 

9 the Chairman of the Farm Credit Administration shall sub10 mit to the Committees on Appropriations of both Houses 

11 of Congress a detailed spending plan by program, project, 

12 and activity for all the funds made available under this 

13 Act including appropriated user fees, as defined in the ex14 planatory statement described in section 4 (in the matter 

15 preceding division A of this consolidated Act). 

16 SEC. 723. Of the unobligated balances from amounts 

17 made available for the supplemental nutrition program as 

18 authorized by section 17 of the Child Nutrition Act of 1966 

19 (42 U.S.C. 1786), $1,000,000,000 are hereby rescinded. 

20 SEC. 724. The Secretary shall continue an inter21 mediary loan packaging program based on the pilot pro22 gram in effect for fiscal year 2013 for packaging and re23 viewing section 502 single family direct loans. The Sec24 retary shall continue agreements with current intermediary 

25 organizations and with additional qualified intermediary 
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1 organizations. The Secretary shall work with these organi2 zations to increase effectiveness of the section 502 single 

3 family direct loan program in rural communities and shall 

4 set aside and make available from the national reserve sec5 tion 502 loans an amount necessary to support the work 

6 of such intermediaries and provide a priority for review 

7 of such loans. 

8 SEC. 725. For loans and loan guarantees that do not 

9 require budget authority and the program level has been 

10 established in this Act, the Secretary of Agriculture may 

11 increase the program level for such loans and loan guaran12 tees by not more than 25 percent: Provided, That prior to 

13 the Secretary implementing such an increase, the Secretary 

14 notifies, in writing, the Committees on Appropriations of 

15 both Houses of Congress at least 15 days in advance. 

16 SEC. 726. None of the credit card refunds or rebates 

17 transferred to the Working Capital Fund pursuant to sec18 tion 729 of the Agriculture, Rural Development, Food and 

19 Drug Administration, and Related Agencies Appropria20 tions Act, 2002 (7 U.S.C. 2235a; Public Law 107–76) shall 

21 be available for obligation without written notification to, 

22 and the prior approval of, the Committees on Appropria23 tions of both Houses of Congress: Provided, That the refunds 

24 or rebates so transferred shall be available for obligation 

25 only for the acquisition of plant and capital equipment nec-
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1 essary for the delivery of financial, administrative, and in2 formation technology services, including cloud adoption and 

3 migration, of primary benefit to the agencies of the Depart4 ment of Agriculture. 

5 SEC. 727. None of the funds made available by this 

6 Act may be used to implement, administer, or enforce the 

7 ‘‘variety’’ requirements of the final rule entitled ‘‘Enhanc8 ing Retailer Standards in the Supplemental Nutrition As9 sistance Program (SNAP)’’ published by the Department 

10 of Agriculture in the Federal Register on December 15, 2016 

11 (81 Fed. Reg. 90675) until the Secretary of Agriculture 

12 amends the definition of the term ‘‘variety’’ as de fined in 

13 section 278.1(b)(1)(ii)(C) of title 7, Code of Federal Regula14 tions, and ‘‘variety’’ as applied in the definition of the term 

15 ‘‘staple food’’ as defined in section 271.2 of title 7, Code 

16 of Federal Regulations, to increase the number of items that 

17 qualify as acceptable varieties in each staple food category 

18 so that the total number of such items in each staple food 

19 category exceeds the number of such items in each staple 

20 food category included in the final rule as published on De21 cember 15, 2016: Provided, That until the Secretary pro22 mulgates such regulatory amendments, the Secretary shall 

23 apply the requirements regarding acceptable varieties and 

24 breadth of stock to Supplemental Nutrition Assistance Pro25 gram retailers that were in effect on the day before the date 
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•HR 1865 EAH 

1 of the enactment of the Agricultural Act of 2014 (Public 

2 Law 113–79). 

3 SEC. 728. In carrying out subsection (h) of section 502 

4 of the Housing Act of 1949 (42 U.S.C. 1472), the Secretary 

5 of Agriculture shall have the same authority with respect 

6 to loans guaranteed under such section and eligible lenders 

7 for such loans as the Secretary has under subsections (h) 

8 and (j) of section 538 of such Act (42 U.S.C. 1490p–2) with 

9 respect to loans guaranteed under such section 538 and eli10 gible lenders for such loans. 

11 SEC. 729. None of the funds made available by this 

12 Act may be used to propose, promulgate, or implement any 

13 rule, or take any other action with respect to, allowing or 

14 requiring information intended for a prescribing health 

15 care professional, in the case of a drug or biological product 

16 subject to section 503(b)(1) of the Federal Food, Drug, and 

17 Cosmetic Act (21 U.S.C. 353(b)(1)), to be distributed to 

18 such professional electronically (in lieu of in paper form) 

19 unless and until a Federal law is enacted to allow or re20 quire such distribution. 

21 SEC. 730. None of the funds made available by this 

22 or any other Act may be used to carry out the final rule 

23 promulgated by the Food and Drug Administration and 

24 put into effect November 16, 2015, in regards to the hazard 

25 analysis and risk-based preventive control requirements of 
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1 the current good manufacturing practice, hazard analysis, 

2 and risk-based preventive controls for food for animals rule 

3 with respect to the regulation of the production, distribu4 tion, sale, or receipt of dried spent grain byproducts of the 

5 alcoholic beverage production process. 

6 SEC. 731. Funds made available under title II of the 

7 Food for Peace Act (7 U.S.C. 1721 et seq.) may only be 

8 used to provide assistance to recipient nations if adequate 

9 monitoring and controls, as determined by the Adminis10 trator, are in place to ensure that emergency food aid is 

11 received by the intended beneficiaries in areas affected by 

12 food shortages and not diverted for unauthorized or inap13 propriate purposes. 

14 SEC. 732. There is hereby appropriated $12,000,000, 

15 to remain available until expended, to carry out section 

16 6407 of the Farm Security and Rural Investment Act of 

17 2002 (7 U.S.C. 8107a): Provided, That the Secretary may 

18 allow eligible entities, or comparable entities that provide 

19 energy efficiency services using their own billing mecha20 nism to offer loans to customers in any part of their service 

21 territory and to offer loans to replace a manufactured hous22 ing unit with another manufactured housing unit, if re23 placement would be more cost effective in saving energy. 

24 SEC. 733. (a) The Secretary of Agriculture shall— 
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1 (1) conduct audits in a manner that evaluates 

2 the following factors in the country or region being 

3 audited, as applicable— 

4 (A) veterinary control and oversight; 

5 (B) disease history and vaccination prac6 tices; 

7 (C) livestock demographics and traceability; 

8 (D) epidemiological separation from poten9 tial sources of infection; 

10 (E) surveillance practices; 

11 (F) diagnostic laboratory capabilities; and 

12 (G) emergency preparedness and response; 

13 and 

14 (2) promptly make publicly available the final 

15 reports of any audits or reviews conducted pursuant 

16 to subsection (1). 

17 (b) This section shall be applied in a manner con18 sistent with United States obligations under its inter19 national trade agreements. 

20 SEC. 734. No food that bears or contains partially hy21 drogenated oils (as defined in the order published by the 

22 Food and Drug Administration in the Federal Register on 

23 June 17, 2015 (80 Fed. Reg. 34650 et seq.)) shall be consid24 ered to be adulterated within the meaning of subsection 

25 (a)(1) or (a)(2)(C)(i) of section 402 of the Federal Food, 
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•HR 1865 EAH 

1 Drug, and Cosmetic Act (21 U.S.C. 342(a)) because such 

2 food contains such partially hydrogenated oils until the ap3 plicable compliance dates specified by FDA in the Federal 

4 Register on May 21, 2018 (83 Fed. Reg. 23358 et seq.). 

5 SEC. 735. None of the funds made available by this 

6 Act may be used to carry out any activities or incur any 

7 expense related to the issuance of licenses under section 3 

8 of the Animal Welfare Act (7 U.S.C. 2133), or the renewal 

9 of such licenses, to class B dealers who sell dogs and cats 

10 for use in research, experiments, teaching, or testing. 

11 SEC. 736. (a)(1) No Federal funds made available for 

12 this fiscal year for the rural water, waste water, waste dis13 posal, and solid waste management programs authorized by 

14 sections 306, 306A, 306C, 306D, 306E, and 310B of the 

15 Consolidated Farm and Rural Development Act (7 U.S.C. 

16 1926 et seq.) shall be used for a project for the construction, 

17 alteration, maintenance, or repair of a public water or 

18 wastewater system unless all of the iron and steel products 

19 used in the project are produced in the United States. 

20 (2) In this section, the term ‘‘iron and steel products’’ 

21 means the following products made primarily of iron or 

22 steel: lined or unlined pipes and fittings, manhole covers 

23 and other municipal castings, hydrants, tanks, flanges, pipe 

24 clamps and restraints, valves, structural steel, reinforced 

25 precast concrete, and construction materials. 
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1 (b) Subsection (a) shall not apply in any case or cat2 egory of cases in which the Secretary of Agriculture (in this 

3 section referred to as the ‘‘Secretary’’) or the designee of 

4 the Secretary finds that— 

5 (1) applying subsection (a) would be inconsistent 

6 with the public interest; 

7 (2) iron and steel products are not produced in 

8 the United States in sufficient and reasonably avail9 able quantities or of a satisfactory quality; or 

10 (3) inclusion of iron and steel products produced 

11 in the United States will increase the cost of the over12 all project by more than 25 percent. 

13 (c) If the Secretary or the designee receives a request 

14 for a waiver under this section, the Secretary or the designee 

15 shall make available to the public on an informal basis a 

16 copy of the request and information available to the Sec17 retary or the designee concerning the request, and shall 

18 allow for informal public input on the request for at least 

19 15 days prior to making a finding based on the request. 

20 The Secretary or the designee shall make the request and 

21 accompanying information available by electronic means, 

22 including on the official public Internet Web site of the De23 partment. 
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1 (d) This section shall be applied in a manner con2 sistent with United States obligations under international 

3 agreements. 

4 (e) The Secretary may retain up to 0.25 percent of 

5 the funds appropriated in this Act for ‘‘Rural Utilities 

6 Service—Rural Water and Waste Disposal Program Ac7 count’’ for carrying out the provisions described in sub8 section (a)(1) for management and oversight of the require9 ments of this section. 

10 (f) Subsection (a) shall not apply with respect to a 

11 project for which the engineering plans and specifications 

12 include use of iron and steel products otherwise prohibited 

13 by such subsection if the plans and specifications have re14 ceived required approvals from State agencies prior to the 

15 date of enactment of this Act. 

16 (g) For purposes of this section, the terms ‘‘United 

17 States’’ and ‘‘State’’ shall include each of the several States, 

18 the District of Columbia, and each federally recognized In19 dian tribe. 

20 SEC. 737. None of the funds appropriated by this Act 

21 may be used in any way, directly or indirectly, to influence 

22 congressional action on any legislation or appropriation 

23 matters pending before Congress, other than to commu24 nicate to Members of Congress as described in 18 U.S.C. 

25 1913. 
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1 SEC. 738. None of the funds made available by this 

2 Act may be used to procure raw or processed poultry prod3 ucts imported into the United States from the People’s Re4 public of China for use in the school lunch program under 

5 the Richard B. Russell National School Lunch Act (42 

6 U.S.C. 1751 et seq.), the Child and Adult Care Food Pro7 gram under section 17 of such Act (42 U.S.C. 1766), the 

8 Summer Food Service Program for Children under section 

9 13 of such Act (42 U.S.C. 1761), or the school breakfast 

10 program under the Child Nutrition Act of 1966 (42 U.S.C. 

11 1771 et seq.). 

12 SEC. 739. None of the funds made available by this 

13 Act may be used to pay the salaries or expenses of per14 sonnel— 

15 (1) to inspect horses under section 3 of the Fed16 eral Meat Inspection Act (21 U.S.C. 603); 

17 (2) to inspect horses under section 903 of the 

18 Federal Agriculture Improvement and Reform Act of 

19 1996 (7 U.S.C. 1901 note; Public Law 104–127); or 

20 (3) to implement or enforce section 352.19 of 

21 title 9, Code of Federal Regulations (or a successor 

22 regulation). 

23 SEC. 740. Of the total amounts made available by this 

24 Act for direct loans and grants in section 732 and in the 

25 following headings: ‘‘Rural Housing Service—Rural Hous-
277 

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1 ing Insurance Fund Program Account’’; ‘‘Rural Housing 

2 Service—Mutual and Self-Help Housing Grants’’; ‘‘Rural 

3 Housing Service—Rural Housing Assistance Grants’’; 

4 ‘‘Rural Housing Service—Rural Community Facilities 

5 Program Account’’; ‘‘Rural Business-Cooperative Service— 

6 Rural Business Program Account’’; ‘‘Rural Business-Coop7 erative Service—Rural Economic Development Loans Pro8 gram Account’’; ‘‘Rural Business-Cooperative Service— 

9 Rural Cooperative Development Grants’’; ‘‘Rural Utilities 

10 Service—Rural Water and Waste Disposal Program Ac11 count’’; ‘‘Rural Utilities Service—Rural Electrification 

12 and Telecommunications Loans Program Account’’; and 

13 ‘‘Rural Utilities Service—Distance Learning, Telemedi14 cine, and Broadband Program’’, to the maximum extent 

15 feasible, at least 10 percent of the funds shall be allocated 

16 for assistance in persistent poverty counties under this sec17 tion, including, notwithstanding any other provision re18 garding population limits, any county seat of such a per19 sistent poverty county that has a population that does not 

20 exceed the authorized population limit by more than 10 per21 cent: Provided, That for purposes of this section, the term 

22 ‘‘persistent poverty counties’’ means any county that has 

23 had 20 percent or more of its population living in poverty 

24 over the past 30 years, as measured by the 1990 and 2000 

25 decennial censuses, and 2007–2011 American Community 
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1 Survey 5-year average, or any territory or possession of the 

2 United States: Provided further, That with respect to spe3 cific activities for which program levels have been made 

4 available by this Act that are not supported by budget au5 thority, the requirements of this section shall be applied to 

6 such program level. 

7 SEC. 741. (a) No funds shall be used to finalize the 

8 proposed rule entitled ‘‘Eligibility of the People’s Republic 

9 of China (PRC) to Export to the United States Poultry 

10 Products from Birds Slaughtered in the PRC’’ published 

11 in the Federal Register by the Department of Agriculture 

12 on June 16, 2017 (82 Fed. Reg. 27625), unless the Secretary 

13 of Agriculture shall— 

14 (1) ensure that the poultry slaughter inspection 

15 system for the PRC is equivalent to that of the United 

16 States; 

17 (2) ensure that, before any poultry products can 

18 enter the United States from any such poultry plant, 

19 such poultry products comply with all other applica20 ble requirements for poultry products in interstate 

21 commerce in the United States; 

22 (3) conduct periodic verification reviews and au23 dits of any such plants in the PRC intending to ex24 port into the United States processed poultry prod25 ucts; 
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1 (4) conduct re-inspection of such poultry prod2 ucts at United States ports-of-entry to check the gen3 eral condition of such products, for the proper certifi4 cation and labeling of such products, and for any 

5 damage to such products that may have occurred dur6 ing transportation; and 

7 (5) ensure that shipments of any such poultry 

8 products selected to enter the United States are subject 

9 to additional re-inspection procedures at appropriate 

10 levels to verify that the products comply with relevant 

11 Federal regulations or standards, including examina12 tions for product defects and laboratory analyses to 

13 detect harmful chemical residues or pathogen testing 

14 appropriate for the products involved. 

15 (b) This section shall be applied in a manner con16 sistent with obligations of the United States under any 

17 trade agreement to which the United States is a party. 

18 SEC. 742. In addition to any other funds made avail19 able in this Act or any other Act, there is appropriated 

20 $9,000,000 to carry out section 18(g)(8) of the Richard B. 

21 Russell National School Lunch Act (42 U.S.C. 1769(g)), to 

22 remain available until expended. 

23 SEC. 743. There is hereby appropriated $5,000,000, to 

24 remain available until September 30, 2021, for the cost of 

25 loans and grants that is consistent with section 4206 of the 
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1 Agricultural Act of 2014, for necessary expenses of the Sec2 retary to support projects that provide access to healthy food 

3 in underserved areas, to create and preserve quality jobs, 

4 and to revitalize low-income communities. 

5 SEC. 744. For an additional amount for ‘‘Animal and 

6 Plant Health Inspection Service—Salaries and Expenses’’, 

7 $8,500,000, to remain available until September 30, 2021, 

8 for one-time control and management and associated activi9 ties directly related to the multiple-agency response to citrus 

10 greening. 

11 SEC. 745. None of the funds made available by this 

12 Act may be used to notify a sponsor or otherwise acknowl13 edge receipt of a submission for an exemption for investiga14 tional use of a drug or biological product under section 

15 505(i) of the Federal Food, Drug, and Cosmetic Act (21 

16 U.S.C. 355(i)) or section 351(a)(3) of the Public Health 

17 Service Act (42 U.S.C. 262(a)(3)) in research in which a 

18 human embryo is intentionally created or modified to in19 clude a heritable genetic modification. Any such submission 

20 shall be deemed to have not been received by the Secretary, 

21 and the exemption may not go into effect. 

22 SEC. 746. None of the funds made available by this 

23 or any other Act may be used to enforce the final rule pro24 mulgated by the Food and Drug Administration entitled 

25 ‘‘Standards for the Growing, Harvesting, Packing, and 
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1 Holding of Produce for Human Consumption,’’ and pub2 lished on November 27, 2015, with respect to the regulation 

3 of entities that grow, harvest, pack, or hold wine grapes, 

4 hops, pulse crops, or almonds. 

5 SEC. 747. For school year 2020–2021, only a school 

6 food authority that had a negative balance in the nonprofit 

7 school food service account as of December 31, 2019, shall 

8 be required to establish a price for paid lunches in accord9 ance with Section 12(p) of the Richard B. Russell National 

10 School Lunch Act, 42 U.S.C. 1760(p). 

11 SEC. 748. There is hereby appropriated $5,000,000, to 

12 remain available until September 30, 2021, for a pilot pro13 gram for the National Institute of Food and Agriculture 

14 to provide grants to nonprofit organizations for programs 

15 and services to establish and enhance farming and ranching 

16 opportunities for military veterans. 

17 SEC. 749. For school years 2019–2020 and 2020–2021, 

18 none of the funds made available by this Act may be used 

19 to implement or enforce the matter following the first 

20 comma in the second sentence of footnote (c) of section 

21 220.8(c) of title 7, Code of Federal Regulations, with respect 

22 to the substitution of vegetables for fruits under the school 

23 breakfast program established under section 4 of the Child 

24 Nutrition Act of 1966 (42 U.S.C. 1773). 
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1 SEC. 750. None of the funds made available by this 

2 Act or any other Act may be used— 

3 (1) in contravention of section 7606 of the Agri4 cultural Act of 2014 (7 U.S.C. 5940), subtitle G of the 

5 Agricultural Marketing Act of 1946, or section 10114 

6 of the Agriculture Improvement Act of 2018; or 

7 (2) to prohibit the transportation, processing, 

8 sale, or use of hemp, or seeds of such plant, that is 

9 grown or cultivated in accordance with subsection sec10 tion 7606 of the Agricultural Act of 2014 or Subtitle 

11 G of the Agricultural Marketing Act of 1946, within 

12 or outside the State in which the hemp is grown or 

13 cultivated. 

14 SEC. 751. Out of amounts appropriated to the Food 

15 and Drug Administration under title VI, the Secretary of 

16 Health and Human Services, acting through the Commis17 sioner of Food and Drugs, shall, not later than July 1, 

18 2020, and following the review required under Executive 

19 Order No. 12866 (5 U.S.C. 601 note; relating to regulatory 

20 planning and review), issue advice revising the advice pro21 vided in the notice of availability entitled ‘‘Advice About 

22 Eating Fish, From the Environmental Protection Agency 

23 and Food and Drug Administration; Revised Fish Advice; 

24 Availability’’ (82 Fed. Reg. 6571 (January 19, 2017)), in 

25 a manner that is consistent with nutrition science recog-
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1 nized by the Food and Drug Administration on the net ef2 fects of seafood consumption. 

3 SEC. 752. In addition to any funds made available 

4 in this Act or any other Act, there is hereby appropriated 

5 $6,000,000, to remain available until September 30, 2021, 

6 for grants from the National Institute of Food and Agri7 culture to the 1890 Institutions to support the Centers of 

8 Excellence. 

9 SEC. 753. There is hereby appropriated $1,000,000 for 

10 the Secretary of Agriculture to carry out a pilot program 

11 that assists rural hospitals to improve long-term operations 

12 and financial health by providing technical assistance 

13 through analysis of current hospital management practices. 

14 SEC. 754. There is hereby appropriated $2,000,000, to 

15 remain available until expended, for grants under section 

16 12502 of Public Law 115–334. 

17 SEC. 755. There is hereby appropriated $2,000,000 to 

18 carry out section 1621 of Public Law 110–246. 

19 SEC. 756. Not later than 180 days after the date of 

20 the enactment of this Act, the Secretary of Agriculture shall 

21 issue a final rule based on the proposed rule entitled ‘‘Na22 tional Organic Program; Origin of Livestock,’’ published in 

23 the Federal Register on April 28, 2015 (80 Fed. Reg. 

24 23455): Provided, That the final rule shall incorporate pub25 lic comments submitted in response to the proposed rule. 
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1 SEC. 757. There is hereby appropriated $3,000,000, to 

2 remain available until September 30, 2021, to carry out 

3 section 4003(b) of Public Law 115–334 relating to dem4 onstration projects for Tribal Organizations. 

5 SEC. 758. There is hereby appropriated $1,000,000 for 

6 the Secretary to carry out a pilot program that provides 

7 forestry inventory analysis, forest management and eco8 nomic outcomes modelling for certain currently enrolled 

9 Conservation Reserve Program participants. The Secretary 

10 shall allow the Commodity Credit Corporation to enter into 

11 agreements with and provide grants to qualified non-profit 

12 organizations dedicated to conservation, forestry and wild13 life habitats, that also have experience in conducting accu14 rate forest inventory analysis through the use of advanced, 

15 cost-effective technology. The Secretary shall focus the anal16 ysis on lands enrolled for at least eight years and located 

17 in areas with a substantial concentration of acres enrolled 

18 under conservation practices devoted to multiple bottom19 land hardwood tree species including CP03, CP03A, CP11, 

20 CP22, CP31 and CP40. 

21 SEC. 759. In addition to amounts otherwise made 

22 available by this Act and notwithstanding the last sentence 

23 of 16 U.S.C. 1310, there is appropriated $4,000,000, to re24 main available until expended, to implement non-renewable 

25 agreements on eligible lands, including flooded agricultural 
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1 lands, as determined by the Secretary, under the Water 

2 Bank Act (16 U.S.C. 1301–1311). 

3 SEC. 760. The Secretary shall set aside for Rural Eco4 nomic Area Partnership (REAP) Zones, until August 15, 

5 2020, an amount of funds made available in title III under 

6 the headings of Rural Housing Insurance Fund Program 

7 Account, Mutual and Self-Help Housing Grants, Rural 

8 Housing Assistance Grants, Rural Community Facilities 

9 Program Account, Rural Business Program Account, Rural 

10 Development Loan Fund Program Account, and Rural 

11 Water and Waste Disposal Program Account, equal to the 

12 amount obligated in REAP Zones with respect to funds 

13 provided under such headings in the most recent fiscal year 

14 any such funds were obligated under such headings for 

15 REAP Zones. 

16 SEC. 761. There is hereby appropriated $1,000,000 to 

17 carry out section 3307 of Public Law 115–334. 

18 SEC. 762. The Secretary of Agriculture may waive the 

19 matching funds requirement under Section 412(g) of the 

20 Agricultural Research, Extension, and Education Reform 

21 Act of 1998 (7 U.S.C. 7632(g)). 

22 SEC. 763. There is hereby appropriated $5,000,000, to 

23 remain available until September 30, 2021, to carry out 

24 section 23 of the Child Nutrition Act of 1966 (42 U.S.C. 

25 1793), of which $1,000,000 shall be for grants under such 
286 

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1 section to the Commonwealth of Puerto Rico, the Common2 wealth of the Northern Mariana Islands, the United States 

3 Virgin Islands, Guam, and American Samoa. 

4 SEC. 764. There is hereby appropriated $1,000,000, to 

5 remain available until expended, for a pilot program for 

6 the Secretary to provide grants to qualified non-profit orga7 nizations and public housing authorities to provide tech8 nical assistance, including financial and legal services, to 

9 RHS multi-family housing borrowers to facilitate the ac10 quisition of RHS multi-family housing properties in areas 

11 where the Secretary determines a risk of loss of affordable 

12 housing, by non-profit housing organizations and public 

13 housing authorities as authorized by law that commit to 

14 keep such properties in the RHS multi-family housing pro15 gram for a period of time as determined by the Secretary. 

16 SEC. 765. Section 2 of the Rural Electrification Act 

17 of 1936 (7 U.S.C. 902) is amended in subsection (a) by 

18 striking ‘‘made by the Secretary’’ and inserting ‘‘made or 

19 guaranteed by the Secretary’’. 

20 SEC. 766. The National Bio and Agro-Defense Facility 

21 shall be transferred without reimbursement from the Sec22 retary of Homeland Security to the Secretary of Agri23 culture. 

24 SEC. 767. Any funds made available by this or any 

25 other Act that the Secretary withholds pursuant to section 
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1 1668(g)(2) of the Food, Agriculture, Conservation, and 

2 Trade Act of 1990 (7 U.S.C. 5921(g)(2)), as amended, shall 

3 be available for grants for biotechnology risk assessment re4 search: Provided, That the Secretary may transfer such 

5 funds to appropriations of the Department of Agriculture. 

6 SEC. 768. There is hereby appropriated $5,000,000 to 

7 carry out section 222 of Subtitle A of the Department of 

8 Agriculture Reorganization Act of 1994 (7 U.S.C. 6923) as 

9 amended by section 12302 of Public Law 115–334. 

10 SEC. 769. There is hereby appropriated $400,000 to 

11 carry out section 224 of Subtitle A of the Department of 

12 Agriculture Reorganization Act of 1994 (7 U.S.C. 6924) as 

13 amended by section 12504 of Public Law 115–334. 

14 SEC. 770. There is hereby appropriated $1,000,000, to 

15 remain available until September 30, 2021, to carry out 

16 section 4208 of Public Law 115–334. 

17 SEC. 771. There is hereby appropriated $400,000 to 

18 carry out section 1672(g)(4)(B) of the Food, Agriculture, 

19 Conservation, and Trade Act of 1990 (7 U.S.C. 

20 5925(g)(4(B)) as amended by section 7209 of Public Law 

21 115–334. 

22 SEC. 772. There is hereby appropriated $5,000,000 to 

23 carry out section 12301 of Public Law 115–334. 

24 SEC. 773. There is hereby appropriated $5,000,000 to 

25 carry out section 1450 of the National Agricultural Re-
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1 search, Extension, and Teaching Policy Act of 1977 (7 

2 U.S.C. 3222e) as amended by section 7120 of Public Law 

3 115–334. 

4 SEC. 774. There is hereby appropriated $1,000,000 to 

5 carry out section 1671 of the Food, Agriculture, Conserva6 tion, and Trade Act of 1990 (7 U.S.C. 5924) as amended 

7 by section 7208 of Public Law 115–334. 

8 SEC. 775. In response to an eligible community where 

9 the drinking water supplies are inadequate due to a natural 

10 disaster, as determined by the Secretary, including drought 

11 or severe weather, the Secretary may provide potable water 

12 through the Emergency Community Water Assistance 

13 Grant Program for an additional period of time not to ex14 ceed 120 days beyond the established period provided under 

15 the Program in order to protect public health. 

16 SEC. 776. There is hereby appropriated $6,000,000 for 

17 the purposes described in the paragraph entitled ‘‘Nutrition 

18 Assistance Program (NAP) Study’’ under the Supplemental 

19 Nutrition Assistance Program included in House Report 

20 116–107, of which $4,000,000 shall be for the Secretary to 

21 update the Feasibility Report, and of which $2,000,000 

22 shall be for Puerto Rico for technology requirements: Pro23 vided, That the reports detailed in House Report 116-107 

24 shall be due not later than December 31, 2020. 
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1 SEC. 777. There is hereby appropriated $5,000,000 to 

2 remain available until September 30, 2021, to carry out 

3 section 4206 of Public Law 115–334. 

4 SEC. 778. There is hereby appropriated $20,000,000, 

5 to remain available until expended, to carry out section 

6 12513 of Public Law 115–334: Provided, That the Secretary 

7 shall take measures to ensure an equal distribution of funds 

8 between the three regional innovation initiatives. 

9 SEC. 779. There is hereby appropriated $5,000,000, to 

10 remain available until September 30, 2021, to carry out 

11 section 2103 of Public Law 115–334. 

12 SEC. 780. There is hereby appropriated $20,000,000, 

13 for an additional amount for ‘‘Department of Health and 

14 Human Services—Food and Drug Administration—Build15 ings and Facilities’’ to remain available until expended and 

16 in addition to amounts otherwise made available for such 

17 purposes, for necessary expenses of plans, construction, re18 pair, improvement, extension, alteration, demolition and 

19 purchase of fixed equipment or facilities of or used by FDA 

20 for seafood safety. 

21 SEC. 781. There is hereby appropriated $5,000,000 to 

22 remain available until September 30, 2021, to carry out 

23 section 6424 of Public Law 115–334. 

24 SEC. 782. Of the unobligated balances from amounts 

25 made available to carry out section 749 of Division A of 
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1 Public Law 115–31 and section 739 of Division A of Public 

2 Law 115–141, $15,073,000 are rescinded. 

3 SEC. 783. In addition to amounts otherwise made 

4 available by this or any other Act, there is hereby appro5 priated $5,000,000, to remain available until expended, to 

6 the Secretary for a pilot program to provide grants to a 

7 regional consortium to fund technical assistance and con8 struction of regional wastewater systems for historically im9 poverished communities that have had difficulty in install10 ing traditional wastewater treatment systems due to soil 

11 conditions. 

12 SEC. 784. Section 9(i)(2) of the Food and Nutrition 

13 Act of 2008 (7 U.S.C. 2018(i)(2)) is amended by striking 

14 ‘‘for a period’’ and all that follows through ‘‘2018’’ and in15 serting ‘‘prior to December 31, 2020’’. 

16 SEC. 785. Not later than 60 days after enactment of 

17 this Act, the Commissioner of the Food and Drug Adminis18 tration shall issue a request for information to determine 

19 the next steps that will address the recent pulmonary ill20 nesses reported to be associated with the use of e-cigarettes 

21 and vaping products. As part of such request for informa22 tion, the Commissioner shall request public comment on 

23 product design and how to prevent consumers from modi24 fying or adding any substances to these products that are 

25 not intended by the manufacturer: Provided, That the Food 
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1 and Drug Administration shall provide an update to the 

2 Committee on Appropriations on a quarterly basis. 

3 SEC. 786. (a) In the matter preceding the first proviso 

4 under the heading ‘‘Supplemental Nutrition Assistance 

5 Program’’ in the Consolidated Appropriations Act, 2018 

6 (Public Law 115–141), strike ‘‘December 31, 2019’’ and in7 sert ‘‘September 30, 2020’’. 

8 (b) In the matter preceding the first proviso under the 

9 heading ‘‘Supplemental Nutrition Assistance Program’’ in 

10 the Consolidated Appropriations Act, 2019 (Public Law 

11 116–6), strike ‘‘December 31, 2020’’ and insert ‘‘September 

12 30, 2021’’. 

13 SEC. 787. (a) There is hereby appropriated 

14 $300,000,000, to remain available until expended, for an 

15 additional amount for section 779 of Public Law 115–141. 

16 (b) Section 313(b) of the Rural Electrification Act of 

17 1936, as amended (7 U.S.C. 940c(b)), shall be applied for 

18 fiscal year 2020 and each fiscal year thereafter until the 

19 specified funding has been expended as if the following were 

20 inserted after the final period in subsection (b)(2): ‘‘In ad21 dition, the Secretary shall use $425,000,000 of funds avail22 able in this subaccount in fiscal year 2019 for an additional 

23 amount for the same purpose and under the same terms 

24 and conditions as funds appropriated by section 779 of 

25 Public Law 115–141 and shall use $255,000,000 of funds 
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1 available in this subaccount in fiscal year 2020 for an addi2 tional amount for the same purpose and under the same 

3 terms and conditions as funds appropriated by section 779 

4 of Public Law 115–141: Provided, That any use of such 

5 funds shall be treated as a reprogramming of funds under 

6 section 716 of this Act.’’. 

7 (c) Section 762(b) of division B of Public Law 116– 

8 6 shall no longer apply. 

9 SEC. 788. The Animal and Plant Health Inspection 

10 Service shall, notwithstanding any other provision of law: 

11 (a) within 60 calendar days, restore on its website the 

12 searchable database and its contents that were available on 

13 January 30, 2017, and all content generated since that 

14 date; and 

15 (b) hereafter, make publicly available via searchable 

16 database, in their entirety without redactions except signa17 tures, the following records after enactment of this Act for 

18 a subsequent period of three years: 

19 (1) all final Animal Welfare Act inspection re20 ports, including all reports documenting all Animal 

21 Welfare Act non-compliances observed by USDA offi22 cials and all animal inventories; 

23 (2) all final Animal Welfare Act and Horse Pro24 tection Act enforcement records; 
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1 (3) all reports or other materials documenting 

2 any non-compliances observed by USDA officials; and 

3 (4) within six months of receipt by the agency, 

4 all final Animal Welfare Act research facility annual 

5 reports, including their attachments with appropriate 

6 redactions made for confidential business information 

7 that USDA could withhold under FOIA Exemption 4. 

8 SEC. 789. Notwithstanding any other provision of law, 

9 no funds available to the Department of Agriculture may 

10 be used to move any agency from the mission area in which 

11 it was located on August 1, 2018, to any other mission area 

12 or office within the Department in the absence of the enact13 ment of specific legislation affirming such move. 

14 SEC. 790. Notwithstanding any other provision of law, 

15 the acceptable market name of any engineered animal ap16 proved prior to the effective date of the National Bioengi17 neered Food Disclosure Standard (February 19, 2019) shall 

18 include the words ‘‘genetically engineered’’ prior to the ex19 isting acceptable market name. 

20 SEC. 791. (a) The remaining unobligated balances of 

21 funds made available under the heading ‘‘Department of 

22 Agriculture—Agricultural Programs—Processing, Research 

23 and Marketing—Office of the Secretary’’ in the Bipartisan 

24 Budget Act of 2018 (Public Law 115–123) are hereby re25 scinded: Provided, That the amounts rescinded pursuant to 
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1 this subsection that were previously designated by the Con2 gress as an emergency requirement pursuant to section 

3 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

4 Deficit Control Act of 1985 are designated by the Congress 

5 as an emergency requirement pursuant to that section of 

6 that Act. 

7 (b) In addition to amounts otherwise made available 

8 by this Act for ‘‘Department of Agriculture—Agricultural 

9 Programs—Processing, Research and Marketing—Office of 

10 the Secretary’’, there is appropriated for an additional 

11 amount for fiscal year 2020, to remain available until De12 cember 30, 2021, an amount equal to the unobligated bal13 ances rescinded pursuant to subsection (a), for the same 

14 purposes and under the same authorities and conditions as 

15 the funds made available under the heading ‘‘Department 

16 of Agriculture—Agricultural Programs—Processing, Re17 search and Marketing—Office of the Secretary’’ in the Ad18 ditional Supplemental Appropriations for Disaster Relief 

19 Act of 2019 (Public Law 116–20), as amended by this sec20 tion: Provided, That, in addition to the purposes specified 

21 in the matter preceding the first proviso under the heading 

22 ‘‘Department of Agriculture—Agricultural Programs— 

23 Processing, Research and Marketing—Office of the Sec24 retary’’ in the Additional Supplemental Appropriations for 

25 Disaster Relief Act of 2019 (Public Law 116–20), as 
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1 amended by this section, such amounts shall also be avail2 able for quality losses of crops, drought, and excessive mois3 ture: Provided further, That losses due to drought shall only 

4 be eligible under this subsection if any area within the 

5 county in which the loss occurs was rated by the U.S. 

6 Drought Monitor as having a D3 (Extreme Drought) or 

7 higher level of drought intensity during the applicable cal8 endar years: Provided further, That the Secretary may use 

9 the amounts provided under this subsection, under the same 

10 authorities and conditions as the funds made available 

11 under the heading ‘‘Department of Agriculture—Agricul12 tural Programs—Processing, Research and Marketing—Of13 fice of the Secretary’’ in the Bipartisan Budget Act of 2018 

14 (Public Law 115–123), to continue to pay for losses due 

15 to Tropical Storm Cindy, and peaches and blueberries due 

16 to freeze in 2017 and blueberry productivity losses in 2018: 

17 Provided further, That the Secretary shall use the amounts 

18 provided under this subsection, under the same authorities 

19 and conditions as the funds made available under the head20 ing ‘‘Department of Agriculture—Agricultural Programs— 

21 Processing, Research and Marketing—Office of the Sec22 retary’’ in the Bipartisan Budget Act of 2018 (Public Law 

23 115–123), to make payments for vine losses that were eligi24 ble for, but did not receive, payments under that heading 

25 in that Act: Provided further, That such amount is des-
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1 ignated by the Congress as being for an emergency require2 ment pursuant to section 251(b)(2)(A)(i) of the Balanced 

3 Budget and Emergency Deficit Control Act of 1985. 

4 (c) Title I of the Additional Supplemental Appropria5 tions for Disaster Relief Act, 2019 (Public Law 116–20), 

6 as amended by section 116 of the Continuing Appropria7 tions Act, 2020 (Public Law 116–59), is further amended 

8 in the first proviso under the heading ‘‘Department of Agri9 culture—Agricultural Programs—Processing, Research and 

10 Marketing—Office of the Secretary’’ by striking ‘‘may pro11 vide’’ and inserting ‘‘, in addition to the amount announced 

12 on November 8, 2019, shall provide not less than 

13 $400,000,000 in’’ , and by adding the following before the 

14 final proviso under that heading: ‘‘Provided further, That 

15 the Secretary shall pay all sugar beet losses in 2018 and 

16 2019 through cooperative processors (to be paid to producer 

17 members as determined by such processors) using the addi18 tional coverage level described in section 508(e)(2)(E) of the 

19 Federal Crop Insurance Act of 1938 (7 U.S.C. 

20 1508(e)(2)(E)) for purposes of determining the Wildfire 

21 Hurricane Indemnity Program Plus factor (as defined in 

22 section 760.1502 of title 7, Code of Federal Regulations (or 

23 successor regulations):’’: Provided, That amounts 

24 repurposed pursuant to this subsection that were previously 

25 designated by the Congress as an emergency requirement 
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1 pursuant to the Balanced Budget and Emergency Deficit 

2 Control Act of 1985 are designated by the Congress as an 

3 emergency requirement pursuant to section 251(b)(2)(A)(i) 

4 of the Balanced Budget and Emergency Deficit Control Act 

5 of 1985. 

6 (d) No later than December 31, 2020, the remaining 

7 unobligated balances of funds made available under the 

8 heading ‘‘Department of Agriculture—Agricultural Pro9 grams—Processing, Research and Marketing—Office of the 

10 Secretary’’ in the Additional Supplemental Appropriations 

11 for Disaster Relief Act of 2019 (Public Law 116–20) are 

12 hereby permanently rescinded, and an amount of addi13 tional new budget authority equivalent to the amount re14 scinded is hereby appropriated, to remain available until 

15 December 30, 2021, in addition to other funds as may be 

16 available for such purposes, for the same purposes and 

17 under the same authorities and conditions as the funds 

18 made available in subsection (b): Provided, That the 

19 amounts rescinded pursuant to this subsection that were 

20 previously designated by the Congress as an emergency re21 quirement pursuant to section 251(b)(2)(A)(i) of the Bal22 anced Budget and Emergency Deficit Control Act of 1985 

23 are designated by the Congress as an emergency require24 ment pursuant to that section of that Act: Provided further, 

25 That the amount of additional new budget authority made 
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1 available pursuant to this subsection is designated by the 

2 Congress as being for an emergency requirement pursuant 

3 to section 251(b)(2)(A)(i) of the Balanced Budget and 

4 Emergency Deficit Control Act of 1985. 

5 SEC. 792. For an additional amount for ‘‘Department 

6 of Health and Human Services—Office of the Secretary— 

7 Public Health and Social Services Emergency Fund’’ for 

8 purchase of vaccines, therapeutics, and diagnostics for the 

9 prevention and treatment of Ebola, $535,000,000, to remain 

10 available until September 30, 2024: Provided, That prod11 ucts purchased with funds provided under this section may, 

12 at the discretion of the Secretary of Health and Human 

13 Services, be deposited in the Strategic National Stockpile 

14 under section 319F–2 of the PHS Act: Provided further, 

15 That sections 319C–1(h)(3) and 319C–2(h) of the PHS Act 

16 shall not apply to funds provided under this section: Pro17 vided further, That funds provided under this section may 

18 be used for the purposes specified in this section or author19 ized under section 319F–4 of the PHS Act: Provided fur20 ther, That such amount is designated by the Congress as 

21 being for an emergency requirement pursuant to section 

22 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

23 Deficit Control Act of 1985. 
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1 This division may be cited as the ‘‘Agriculture, Rural 

2 Development, Food and Drug Administration, and Related 

3 Agencies Appropriations Act, 2020’’. 

4 DIVISION C—ENERGY AND WATER DEVEL5 OPMENT AND RELATED AGENCIES AP6 PROPRIATIONS ACT, 2020 

7 TITLE I 

8 CORPS OF ENGINEERS—CIVIL 

9 DEPARTMENT OF THE ARMY 

10 CORPS OF ENGINEERS—CIVIL

11 The following appropriations shall be expended under 

12 the direction of the Secretary of the Army and the super13 vision of the Chief of Engineers for authorized civil func14 tions of the Department of the Army pertaining to river 

15 and harbor, flood and storm damage reduction, shore pro16 tection, aquatic ecosystem restoration, and related efforts. 

17 INVESTIGATIONS

18 For expenses necessary where authorized by law for the 

19 collection and study of basic information pertaining to 

20 river and harbor, flood and storm damage reduction, shore 

21 protection, aquatic ecosystem restoration, and related needs; 

22 for surveys and detailed studies, and plans and specifica23 tions of proposed river and harbor, flood and storm damage 

24 reduction, shore protection, and aquatic ecosystem restora25 tion projects, and related efforts prior to construction; for 
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1 restudy of authorized projects; and for miscellaneous inves2 tigations, and, when authorized by law, surveys and de3 tailed studies, and plans and specifications of projects prior 

4 to construction, $151,000,000, to remain available until ex5 pended: Provided, That the Secretary shall initiate six new 

6 study starts during fiscal year 2020: Provided further, That 

7 the Secretary shall not deviate from the new starts proposed 

8 in the work plan, once the plan has been submitted to the 

9 Committees on Appropriations of both Houses of Congress. 

10 CONSTRUCTION

11 For expenses necessary for the construction of river 

12 and harbor, flood and storm damage reduction, shore pro13 tection, aquatic ecosystem restoration, and related projects 

14 authorized by law; for conducting detailed studies, and 

15 plans and specifications, of such projects (including those 

16 involving participation by States, local governments, or 

17 private groups) authorized or made eligible for selection by 

18 law (but such detailed studies, and plans and specifications, 

19 shall not constitute a commitment of the Government to 

20 construction); $2,681,000,000, to remain available until ex21 pended; of which such sums as are necessary to cover the 

22 Federal share of construction costs for facilities under the 

23 Dredged Material Disposal Facilities program shall be de24 rived from the Harbor Maintenance Trust Fund as author25 ized by Public Law 104–303; and of which such sums as 
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1 are necessary to cover one-half of the costs of construction, 

2 replacement, rehabilitation, and expansion of inland water3 ways projects, except for Chickamauga Lock, Tennessee 

4 River, Tennessee, which shall be 35 percent during the fiscal 

5 year covered by this Act, shall be derived from the Inland 

6 Waterways Trust Fund, except as otherwise specifically 

7 provided for in law: Provided, That the Secretary shall ini8 tiate six new construction starts during fiscal year 2020: 

9 Provided further, That for new construction projects, project 

10 cost sharing agreements shall be executed as soon as prac11 ticable but no later than December 31, 2020: Provided fur12 ther, That no allocation for a new start shall be considered 

13 final and no work allowance shall be made until the Sec14 retary provides to the Committees on Appropriations of 

15 both Houses of Congress an out-year funding scenario dem16 onstrating the affordability of the selected new starts and 

17 the impacts on other projects: Provided further, That the 

18 Secretary may not deviate from the new starts proposed in 

19 the work plan, once the plan has been submitted to the Com20 mittees on Appropriations of both Houses of Congress. 

21 MISSISSIPPI RIVER AND TRIBUTARIES

22 For expenses necessary for flood damage reduction 

23 projects and related efforts in the Mississippi River alluvial 

24 valley below Cape Girardeau, Missouri, as authorized by 

25 law, $375,000,000, to remain available until expended, of 
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1 which such sums as are necessary to cover the Federal share 

2 of eligible operation and maintenance costs for inland har3 bors shall be derived from the Harbor Maintenance Trust 

4 Fund. 

5 OPERATION AND MAINTENANCE

6 For expenses necessary for the operation, maintenance, 

7 and care of existing river and harbor, flood and storm dam8 age reduction, aquatic ecosystem restoration, and related 

9 projects authorized by law; providing security for infra10 structure owned or operated by the Corps, including admin11 istrative buildings and laboratories; maintaining harbor 

12 channels provided by a State, municipality, or other public 

13 agency that serve essential navigation needs of general com14 merce, where authorized by law; surveying and charting 

15 northern and northwestern lakes and connecting waters; 

16 clearing and straightening channels; and removing obstruc17 tions to navigation, $3,790,000,000, to remain available 

18 until expended, of which such sums as are necessary to cover 

19 the Federal share of eligible operation and maintenance 

20 costs for coastal harbors and channels, and for inland har21 bors shall be derived from the Harbor Maintenance Trust 

22 Fund; of which such sums as become available from the spe23 cial account for the Corps of Engineers established by the 

24 Land and Water Conservation Fund Act of 1965 shall be 

25 derived from that account for resource protection, research, 
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•HR 1865 EAH 

1 interpretation, and maintenance activities related to re2 source protection in the areas at which outdoor recreation 

3 is available; and of which such sums as become available 

4 from fees collected under section 217 of Public Law 104– 

5 303 shall be used to cover the cost of operation and mainte6 nance of the dredged material disposal facilities for which 

7 such fees have been collected: Provided, That 1 percent of 

8 the total amount of funds provided for each of the programs, 

9 projects, or activities funded under this heading shall not 

10 be allocated to a field operating activity prior to the begin11 ning of the fourth quarter of the fiscal year and shall be 

12 available for use by the Chief of Engineers to fund such 

13 emergency activities as the Chief of Engineers determines 

14 to be necessary and appropriate, and that the Chief of Engi15 neers shall allocate during the fourth quarter any remain16 ing funds which have not been used for emergency activities 

17 proportionally in accordance with the amounts provided for 

18 the programs, projects, or activities. 

19 REGULATORY PROGRAM

20 For expenses necessary for administration of laws per21 taining to regulation of navigable waters and wetlands, 

22 $210,000,000, to remain available until September 30, 

23 2021. 
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1 FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM

2 For expenses necessary to clean up contamination 

3 from sites in the United States resulting from work per4 formed as part of the Nation’s early atomic energy pro5 gram, $200,000,000, to remain available until expended. 

6 FLOOD CONTROL AND COASTAL EMERGENCIES

7 For expenses necessary to prepare for flood, hurricane, 

8 and other natural disasters and support emergency oper9 ations, repairs, and other activities in response to such dis10 asters as authorized by law, $35,000,000, to remain avail11 able until expended. 

12 EXPENSES

13 For expenses necessary for the supervision and general 

14 administration of the civil works program in the head15 quarters of the Corps of Engineers and the offices of the 

16 Division Engineers; and for costs of management and oper17 ation of the Humphreys Engineer Center Support Activity, 

18 the Institute for Water Resources, the United States Army 

19 Engineer Research and Development Center, and the 

20 United States Army Corps of Engineers Finance Center al21 locable to the civil works program, $203,000,000, to remain 

22 available until September 30, 2021, of which not to exceed 

23 $5,000 may be used for official reception and representation 

24 purposes and only during the current fiscal year: Provided, 

25 That no part of any other appropriation provided in this 
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•HR 1865 EAH 

1 title shall be available to fund the civil works activities of 

2 the Office of the Chief of Engineers or the civil works execu3 tive direction and management activities of the division of4 fices: Provided further, That any Flood Control and Coastal 

5 Emergencies appropriation may be used to fund the super6 vision and general administration of emergency operations, 

7 repairs, and other activities in response to any flood, hurri8 cane, or other natural disaster. 

9 OFFICE OF THE ASSISTANT SECRETARY OF THE ARMY FOR

10 CIVIL WORKS

11 For the Office of the Assistant Secretary of the Army 

12 for Civil Works as authorized by 10 U.S.C. 3016(b)(3), 

13 $5,000,000, to remain available until September 30, 2021: 

14 Provided, That not more than 75 percent of such amount 

15 may be obligated or expended until the Assistant Secretary 

16 submits to the Committees on Appropriations of both 

17 Houses of Congress the report required under section 101(d) 

18 of this Act and a work plan that allocates at least 95 per19 cent of the additional funding provided under each heading 

20 in this title, as designated under such heading in the ex21 planatory statement described in section 4 (in the matter 

22 preceding division A of this consolidated Act), to specific 

23 programs, projects, or activities. 
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1 GENERAL PROVISIONS—CORPS OF ENGINEERS— 

2 CIVIL 

3 (INCLUDING TRANSFER OF FUNDS)

4 SEC. 101. (a) None of the funds provided in title I 

5 of this Act, or provided by previous appropriations Acts 

6 to the agencies or entities funded in title I of this Act that 

7 remain available for obligation or expenditure in fiscal year 

8 2020, shall be available for obligation or expenditure 

9 through a reprogramming of funds that: 

10 (1) creates or initiates a new program, project, 

11 or activity; 

12 (2) eliminates a program, project, or activity; 

13 (3) increases funds or personnel for any pro14 gram, project, or activity for which funds have been 

15 denied or restricted by this Act, unless prior approval 

16 is received from the Committees on Appropriations of 

17 both Houses of Congress; 

18 (4) proposes to use funds directed for a specific 

19 activity for a different purpose, unless prior approval 

20 is received from the Committees on Appropriations of 

21 both Houses of Congress; 

22 (5) augments or reduces existing programs, 

23 projects, or activities in excess of the amounts con24 tained in paragraphs (6) through (10), unless prior 
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1 approval is received from the Committees on Appro2 priations of both Houses of Congress; 

3 (6) INVESTIGATIONS.—For a base level over 

4 $100,000, reprogramming of 25 percent of the base 

5 amount up to a limit of $150,000 per project, study 

6 or activity is allowed: Provided, That for a base level 

7 less than $100,000, the reprogramming limit is 

8 $25,000: Provided further, That up to $25,000 may be 

9 reprogrammed into any continuing study or activity 

10 that did not receive an appropriation for existing ob11 ligations and concomitant administrative expenses; 

12 (7) CONSTRUCTION.—For a base level over 

13 $2,000,000, reprogramming of 15 percent of the base 

14 amount up to a limit of $3,000,000 per project, study 

15 or activity is allowed: Provided, That for a base level 

16 less than $2,000,000, the reprogramming limit is 

17 $300,000: Provided further, That up to $3,000,000 

18 may be reprogrammed for settled contractor claims, 

19 changed conditions, or real estate deficiency judg20 ments: Provided further, That up to $300,000 may be 

21 reprogrammed into any continuing study or activity 

22 that did not receive an appropriation for existing ob23 ligations and concomitant administrative expenses; 

24 (8) OPERATION AND MAINTENANCE.—Unlimited 

25 reprogramming authority is granted for the Corps to 
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•HR 1865 EAH 

1 be able to respond to emergencies: Provided, That the 

2 Chief of Engineers shall notify the Committees on Ap3 propriations of both Houses of Congress of these emer4 gency actions as soon thereafter as practicable: Pro5 vided further, That for a base level over $1,000,000, 

6 reprogramming of 15 percent of the base amount up 

7 to a limit of $5,000,000 per project, study, or activity 

8 is allowed: Provided further, That for a base level less 

9 than $1,000,000, the reprogramming limit is 

10 $150,000: Provided further, That $150,000 may be re11 programmed into any continuing study or activity 

12 that did not receive an appropriation; 

13 (9) MISSISSIPPI RIVER AND TRIBUTARIES.—The 

14 reprogramming guidelines in paragraphs (6), (7), 

15 and (8) shall apply to the Investigations, Construc16 tion, and Operation and Maintenance portions of the 

17 Mississippi River and Tributaries Account, respec18 tively; and 

19 (10) FORMERLY UTILIZED SITES REMEDIAL AC20 TION PROGRAM.—Reprogramming of up to 15 percent 

21 of the base of the receiving project is permitted. 

22 (b) DE MINIMUS REPROGRAMMINGS.—In no case 

23 should a reprogramming for less than $50,000 be submitted 

24 to the Committees on Appropriations of both Houses of Con25 gress. 
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1 (c) CONTINUING AUTHORITIES PROGRAM.—Subsection 

2 (a)(1) shall not apply to any project or activity funded 

3 under the continuing authorities program. 

4 (d) Not later than 60 days after the date of enactment 

5 of this Act, the Secretary shall submit a report to the Com6 mittees on Appropriations of both Houses of Congress to 

7 establish the baseline for application of reprogramming and 

8 transfer authorities for the current fiscal year which shall 

9 include: 

10 (1) A table for each appropriation with a sepa11 rate column to display the President’s budget request, 

12 adjustments made by Congress, adjustments due to 

13 enacted rescissions, if applicable, and the fiscal year 

14 enacted level; and 

15 (2) A delineation in the table for each appro16 priation both by object class and program, project 

17 and activity as detailed in the budget appendix for 

18 the respective appropriations; and 

19 (3) An identification of items of special congres20 sional interest. 

21 SEC. 102. The Secretary shall allocate funds made 

22 available in this Act solely in accordance with the provi23 sions of this Act and the explanatory statement described 

24 in section 4 (in the matter preceding division A of this con-
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1 solidated Act), including the determination and designation 

2 of new starts. 

3 SEC. 103. None of the funds made available in this 

4 title may be used to award or modify any contract that 

5 commits funds beyond the amounts appropriated for that 

6 program, project, or activity that remain unobligated, ex7 cept that such amounts may include any funds that have 

8 been made available through reprogramming pursuant to 

9 section 101. 

10 SEC. 104. The Secretary of the Army may transfer to 

11 the Fish and Wildlife Service, and the Fish and Wildlife 

12 Service may accept and expend, up to $5,400,000 of funds 

13 provided in this title under the heading ‘‘Operation and 

14 Maintenance’’ to mitigate for fisheries lost due to Corps of 

15 Engineers projects. 

16 SEC. 105. None of the funds in this Act shall be used 

17 for an open lake placement alternative for dredged material, 

18 after evaluating the least costly, environmentally acceptable 

19 manner for the disposal or management of dredged material 

20 originating from Lake Erie or tributaries thereto, unless it 

21 is approved under a State water quality certification pur22 suant to section 401 of the Federal Water Pollution Control 

23 Act (33 U.S.C. 1341): Provided, That until an open lake 

24 placement alternative for dredged material is approved 

25 under a State water quality certification, the Corps of En-
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•HR 1865 EAH 

1 gineers shall continue upland placement of such dredged 

2 material consistent with the requirements of section 101 of 

3 the Water Resources Development Act of 1986 (33 U.S.C. 

4 2211). 

5 SEC. 106. None of the funds made available by this 

6 Act or any other Act may be used to reorganize or to trans7 fer the Civil Works functions or authority of the Corps of 

8 Engineers or the Secretary of the Army to another depart9 ment or agency. 

10 SEC. 107. Additional funding provided in this Act 

11 shall be allocated only to projects determined to be eligible 

12 by the Chief of Engineers. 

13 SEC. 108. None of the funds made available by this 

14 Act may be used to carry out any water supply reallocation 

15 study under the Wolf Creek Dam, Lake Cumberland, Ken16 tucky, project authorized under the Act of July 24, 1946 

17 (60 Stat. 636, ch. 595). 

18 TITLE II 

19 DEPARTMENT OF THE INTERIOR 

20 CENTRAL UTAH PROJECT

21 CENTRAL UTAH PROJECT COMPLETION ACCOUNT

22 For carrying out activities authorized by the Central 

23 Utah Project Completion Act, $20,000,000, to remain avail24 able until expended, of which $1,800,000 shall be deposited 

25 into the Utah Reclamation Mitigation and Conservation 
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•HR 1865 EAH 

1 Account for use by the Utah Reclamation Mitigation and 

2 Conservation Commission: Provided, That of the amount 

3 provided under this heading, $1,500,000 shall be available 

4 until September 30, 2021, for expenses necessary in car5 rying out related responsibilities of the Secretary of the In6 terior: Provided further, That for fiscal year 2020, of the 

7 amount made available to the Commission under this Act 

8 or any other Act, the Commission may use an amount not 

9 to exceed $1,500,000 for administrative expenses. 

10 BUREAU OF RECLAMATION

11 The following appropriations shall be expended to exe12 cute authorized functions of the Bureau of Reclamation: 

13 WATER AND RELATED RESOURCES

14 (INCLUDING TRANSFERS OF FUNDS)

15 For management, development, and restoration of 

16 water and related natural resources and for related activi17 ties, including the operation, maintenance, and rehabilita18 tion of reclamation and other facilities, participation in 

19 fulfilling related Federal responsibilities to Native Ameri20 cans, and related grants to, and cooperative and other 

21 agreements with, State and local governments, federally rec22 ognized Indian tribes, and others, $1,512,151,000, to re23 main available until expended, of which $69,932,000 shall 

24 be available for transfer to the Upper Colorado River Basin 

25 Fund and $5,023,000 shall be available for transfer to the 
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•HR 1865 EAH 

1 Lower Colorado River Basin Development Fund; of which 

2 such amounts as may be necessary may be advanced to the 

3 Colorado River Dam Fund: Provided, That $10,000,000 

4 shall be available for transfer into the Blackfeet Water Set5 tlement Implementation Fund established by section 3717 

6 of Public Law 114–322: Provided further, That the unobli7 gated balances in ‘‘Water and Related Resources’’ for the 

8 Blackfeet Water Rights Settlement Act may be transferred 

9 to the Blackfeet Water Settlement Implementation Fund ac10 count: Provided further, That such transfers may be in11 creased or decreased within the overall appropriation under 

12 this heading: Provided further, That within available funds, 

13 $250,000 shall be for grants and financial assistance for 

14 educational activities: Provided further, That of the total 

15 appropriated, the amount for program activities that can 

16 be financed by the Reclamation Fund or the Bureau of Rec17 lamation special fee account established by 16 U.S.C. 6806 

18 shall be derived from that Fund or account: Provided fur19 ther, That funds contributed under 43 U.S.C. 395 are avail20 able until expended for the purposes for which the funds 

21 were contributed: Provided further, That funds advanced 

22 under 43 U.S.C. 397a shall be credited to this account and 

23 are available until expended for the same purposes as the 

24 sums appropriated under this heading: Provided further, 

25 That of the amounts provided herein, funds may be used 
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•HR 1865 EAH 

1 for high-priority projects which shall be carried out by the 

2 Youth Conservation Corps, as authorized by 16 U.S.C. 

3 1706: Provided further, That of the amounts made available 

4 under this heading, $4,000,000 shall be for one payment 

5 for deferred construction funding to the Navajo Nation to 

6 fulfill the construction obligations described in section 15(b) 

7 of the Colorado Ute Indian Water Rights Settlement Act 

8 of 1988 (Public Law 100–585), as amended by the Colorado 

9 Ute Settlement Act Amendments of 2000 (Public Law 106– 

10 554), and to complete the commissioning and title transfer 

11 of the Navajo Nation Municipal Pipeline: Provided further, 

12 That in accordance with section 4009(c) of Public Law 

13 114–322, and as recommended by the Secretary in a letter 

14 dated February 13, 2019, funding provided for such pur15 pose in fiscal year 2018 shall be made available to the Ex16 panding Recycled Water Delivery Project 

17 (VenturaWaterPure), the Pure Water Monterey Ground18 water Replenishment Project, the Groundwater Reliability 

19 Improvement Program (GRIP) Recycled Water Project, the 

20 North Valley Regional Recycled Water Program, the South 

21 Sacramento County Agriculture and Habitat Lands Recy22 cled Water Program, and the Central Coast Blue project: 

23 Provided further, That in accordance with section 4007 of 

24 Public Law 114–322, and as recommended by the Secretary 

25 in a letter dated February 13, 2019, funding provided for 
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•HR 1865 EAH 

1 such purpose in fiscal years 2017 and 2018 shall be made 

2 available to the Cle Elum Pool Raise, the Boise River Basin 

3 Feasibility Study, the Del Puerto Water District, the Los 

4 Vaqueros Reservoir Phase 2 Expansion Project, the North5 of-the Delta Off stream Storage (Sites Reservoir Project), 

6 and the Friant-Kern Canal Capacity Correction Resulting 

7 Subsidence: Provided further, That in accordance with sec8 tion 4009(a) of Public Law 114–322, and as recommended 

9 by the Secretary in a letter dated February 13, 2019, fund10 ing provided for such purpose in fiscal years 2017 and 2018 

11 shall be made available to the Doheny Ocean Desalination 

12 Project, the Kay Bailey Hutchison Desalination Plant, the 

13 North Pleasant Valley Desalter Facility, and the Mission 

14 Basin Groundwater Purification Facility Well Expansion 

15 and Brine Minimization. 

16 CENTRAL VALLEY PROJECT RESTORATION FUND

17 For carrying out the programs, projects, plans, habitat 

18 restoration, improvement, and acquisition provisions of the 

19 Central Valley Project Improvement Act, $54,849,000, to be 

20 derived from such sums as may be collected in the Central 

21 Valley Project Restoration Fund pursuant to sections 

22 3407(d), 3404(c)(3), and 3405(f) of Public Law 102–575, 

23 to remain available until expended: Provided, That the Bu24 reau of Reclamation is directed to assess and collect the full 

25 amount of the additional mitigation and restoration pay-
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1 ments authorized by section 3407(d) of Public Law 102– 

2 575: Provided further, That none of the funds made avail3 able under this heading may be used for the acquisition or 

4 leasing of water for in-stream purposes if the water is al5 ready committed to in-stream purposes by a court adopted 

6 decree or order. 

7 CALIFORNIA BAY-DELTA RESTORATION

8 (INCLUDING TRANSFERS OF FUNDS)

9 For carrying out activities authorized by the Water 

10 Supply, Reliability, and Environmental Improvement Act, 

11 consistent with plans to be approved by the Secretary of 

12 the Interior, $33,000,000, to remain available until ex13 pended, of which such amounts as may be necessary to 

14 carry out such activities may be transferred to appropriate 

15 accounts of other participating Federal agencies to carry 

16 out authorized purposes: Provided, That funds appro17 priated herein may be used for the Federal share of the costs 

18 of CALFED Program management: Provided further, That 

19 CALFED implementation shall be carried out in a bal20 anced manner with clear performance measures dem21 onstrating concurrent progress in achieving the goals and 

22 objectives of the Program. 

23 POLICY AND ADMINISTRATION

24 For expenses necessary for policy, administration, and 

25 related functions in the Office of the Commissioner, the 
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1 Denver office, and offices in the five regions of the Bureau 

2 of Reclamation, to remain available until September 30, 

3 2021, $60,000,000, to be derived from the Reclamation 

4 Fund and be nonreimbursable as provided in 43 U.S.C. 

5 377: Provided, That no part of any other appropriation in 

6 this Act shall be available for activities or functions budg7 eted as policy and administration expenses. 

8 ADMINISTRATIVE PROVISION

9 Appropriations for the Bureau of Reclamation shall 

10 be available for purchase of not to exceed five passenger 

11 motor vehicles, which are for replacement only. 

12 GENERAL PROVISIONS—DEPARTMENT OF THE 

13 INTERIOR 

14 SEC. 201. (a) None of the funds provided in title II 

15 of this Act for Water and Related Resources, or provided 

16 by previous or subsequent appropriations Acts to the agen17 cies or entities funded in title II of this Act for Water and 

18 Related Resources that remain available for obligation or 

19 expenditure in fiscal year 2020, shall be available for obli20 gation or expenditure through a reprogramming of funds 

21 that— 

22 (1) initiates or creates a new program, project, 

23 or activity; 

24 (2) eliminates a program, project, or activity; 
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1 (3) increases funds for any program, project, or 

2 activity for which funds have been denied or restricted 

3 by this Act, unless prior approval is received from the 

4 Committees on Appropriations of both Houses of Con5 gress; 

6 (4) restarts or resumes any program, project or 

7 activity for which funds are not provided in this Act, 

8 unless prior approval is received from the Committees 

9 on Appropriations of both Houses of Congress; 

10 (5) transfers funds in excess of the following lim11 its, unless prior approval is received from the Com12 mittees on Appropriations of both Houses of Congress: 

13 (A) 15 percent for any program, project or 

14 activity for which $2,000,000 or more is avail15 able at the beginning of the fiscal year; or 

16 (B) $400,000 for any program, project or 

17 activity for which less than $2,000,000 is avail18 able at the beginning of the fiscal year; 

19 (6) transfers more than $500,000 from either the 

20 Facilities Operation, Maintenance, and Rehabilita21 tion category or the Resources Management and De22 velopment category to any program, project, or activ23 ity in the other category, unless prior approval is re24 ceived from the Committees on Appropriations of both 

25 Houses of Congress; or 
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1 (7) transfers, where necessary to discharge legal 

2 obligations of the Bureau of Reclamation, more than 

3 $5,000,000 to provide adequate funds for settled con4 tractor claims, increased contractor earnings due to 

5 accelerated rates of operations, and real estate defi6 ciency judgments, unless prior approval is received 

7 from the Committees on Appropriations of both 

8 Houses of Congress. 

9 (b) Subsection (a)(5) shall not apply to any transfer 

10 of funds within the Facilities Operation, Maintenance, and 

11 Rehabilitation category. 

12 (c) For purposes of this section, the term ‘‘transfer’’ 

13 means any movement of funds into or out of a program, 

14 project, or activity. 

15 (d) The Bureau of Reclamation shall submit reports 

16 on a quarterly basis to the Committees on Appropriations 

17 of both Houses of Congress detailing all the funds repro18 grammed between programs, projects, activities, or cat19 egories of funding. The first quarterly report shall be sub20 mitted not later than 60 days after the date of enactment 

21 of this Act. 

22 SEC. 202. (a) None of the funds appropriated or other23 wise made available by this Act may be used to determine 

24 the final point of discharge for the interceptor drain for 

25 the San Luis Unit until development by the Secretary of 
320 

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1 the Interior and the State of California of a plan, which 

2 shall conform to the water quality standards of the State 

3 of California as approved by the Administrator of the Envi4 ronmental Protection Agency, to minimize any detrimental 

5 effect of the San Luis drainage waters. 

6 (b) The costs of the Kesterson Reservoir Cleanup Pro7 gram and the costs of the San Joaquin Valley Drainage 

8 Program shall be classified by the Secretary of the Interior 

9 as reimbursable or nonreimbursable and collected until fully 

10 repaid pursuant to the ‘‘Cleanup Program—Alternative 

11 Repayment Plan’’ and the ‘‘SJVDP—Alternative Repay12 ment Plan’’ described in the report entitled ‘‘Repayment 

13 Report, Kesterson Reservoir Cleanup Program and San 

14 Joaquin Valley Drainage Program, February 1995’’, pre15 pared by the Department of the Interior, Bureau of Rec16 lamation. Any future obligations of funds by the United 

17 States relating to, or providing for, drainage service or 

18 drainage studies for the San Luis Unit shall be fully reim19 bursable by San Luis Unit beneficiaries of such service or 

20 studies pursuant to Federal reclamation law. 

21 SEC. 203. Section 9504(e) of the Omnibus Public Land 

22 Management Act of 2009 (42 U.S.C. 10364(e)) is amended 

23 by striking ‘‘$480,000,000’’ and inserting ‘‘$530,000,000’’. 

24 SEC. 204. Title I of Public Law 108–361 (the 

25 CALFED Bay-Delta Authorization Act) (118 Stat. 1681), 
321 

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1 as amended by section 4007(k) of Public Law 114–322, is 

2 amended by striking ‘‘2019’’ each place it appears and in3 serting ‘‘2020’’. 

4 SEC. 205. Section 9106(g)(2) of Public Law 111–11 

5 (Omnibus Public Land Management Act of 2009) is amend6 ed by striking ‘‘2019’’ and inserting ‘‘2020’’. 

7 SEC. 206. The Claims Resolution Act of 2010 (Public 

8 Law 111–291) is amended— 

9 (1) in section 309(d), by striking ‘‘2021’’ each 

10 place it appears and inserting ‘‘2023’’; and 

11 (2) in section 311(h), by striking ‘‘2021’’ and in12 serting ‘‘2023’’. 

13 TITLE III 

14 DEPARTMENT OF ENERGY 

15 ENERGY PROGRAMS 

16 ENERGY EFFICIENCY AND RENEWABLE ENERGY

17 (INCLUDING RESCISSION OF FUNDS)

18 For Department of Energy expenses including the pur19 chase, construction, and acquisition of plant and capital 

20 equipment, and other expenses necessary for energy effi21 ciency and renewable energy activities in carrying out the 

22 purposes of the Department of Energy Organization Act (42 

23 U.S.C. 7101 et seq.), including the acquisition or con24 demnation of any real property or any facility or for plant 

25 or facility acquisition, construction, or expansion, 
322 

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1 $2,848,000,000, to remain available until expended: Pro2 vided, That of such amount, $165,000,000 shall be available 

3 until September 30, 2021, for program direction: Provided 

4 further, That of the unobligated balances from prior year 

5 appropriations available under this heading, $58,000,000 

6 is hereby rescinded: Provided further, That no amounts 

7 may be rescinded from amounts that were designated by 

8 the Congress as an emergency requirement pursuant to the 

9 Concurrent Resolution on the Budget or the Balanced Budg10 et and Emergency Deficit Control Act of 1985. 

11 CYBERSECURITY, ENERGY SECURITY, AND EMERGENCY

12 RESPONSE

13 For Department of Energy expenses including the pur14 chase, construction, and acquisition of plant and capital 

15 equipment, and other expenses necessary for energy sector 

16 cybersecurity, energy security, and emergency response ac17 tivities in carrying out the purposes of the Department of 

18 Energy Organization Act (42 U.S.C. 7101 et seq.), includ19 ing the acquisition or condemnation of any real property 

20 or any facility or for plant or facility acquisition, construc21 tion, or expansion, $156,000,000, to remain available until 

22 expended: Provided, That of such amount, $13,000,000 shall 

23 be available until September 30, 2021, for program direc24 tion. 
323 

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1 ELECTRICITY

2 For Department of Energy expenses including the pur3 chase, construction, and acquisition of plant and capital 

4 equipment, and other expenses necessary for electricity de5 livery activities in carrying out the purposes of the Depart6 ment of Energy Organization Act (42 U.S.C. 7101 et seq.), 

7 including the acquisition or condemnation of any real 

8 property or any facility or for plant or facility acquisition, 

9 construction, or expansion, $190,000,000, to remain avail10 able until expended: Provided, That of such amount, 

11 $18,000,000 shall be available until September 30, 2021, 

12 for program direction. 

13 NUCLEAR ENERGY

14 For Department of Energy expenses including the pur15 chase, construction, and acquisition of plant and capital 

16 equipment, and other expenses necessary for nuclear energy 

17 activities in carrying out the purposes of the Department 

18 of Energy Organization Act (42 U.S.C. 7101 et seq.), in19 cluding the acquisition or condemnation of any real prop20 erty or any facility or for plant or facility acquisition, con21 struction, or expansion, $1,493,408,000, to remain avail22 able until expended: Provided, That of such amount, 

23 $80,000,000 shall be available until September 30, 2021, 

24 for program direction. 
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1 FOSSIL ENERGY RESEARCH AND DEVELOPMENT

2 For Department of Energy expenses necessary in car3 rying out fossil energy research and development activities, 

4 under the authority of the Department of Energy Organiza5 tion Act (42 U.S.C. 7101 et seq.), including the acquisition 

6 of interest, including defeasible and equitable interests in 

7 any real property or any facility or for plant or facility 

8 acquisition or expansion, and for conducting inquiries, 

9 technological investigations and research concerning the ex10 traction, processing, use, and disposal of mineral substances 

11 without objectionable social and environmental costs (30 

12 U.S.C. 3, 1602, and 1603), $750,000,000, to remain avail13 able until expended: Provided, That of such amount 

14 $61,500,000 shall be available until September 30, 2021, 

15 for program direction. 

16 NAVAL PETROLEUM AND OIL SHALE RESERVES

17 For Department of Energy expenses necessary to carry 

18 out naval petroleum and oil shale reserve activities, 

19 $14,000,000, to remain available until expended: Provided, 

20 That notwithstanding any other provision of law, unobli21 gated funds remaining from prior years shall be available 

22 for all naval petroleum and oil shale reserve activities. 

23 STRATEGIC PETROLEUM RESERVE

24 For Department of Energy expenses necessary for 

25 Strategic Petroleum Reserve facility development and oper-
325 

•HR 1865 EAH 

1 ations and program management activities pursuant to the 

2 Energy Policy and Conservation Act (42 U.S.C. 6203 et 

3 seq.), $195,000,000, to remain available until expended: 

4 Provided, That, as authorized by section 404 of the Bipar5 tisan Budget Act of 2015 (Public Law 114–74; 42 U.S.C. 

6 6239 note), the Secretary of Energy shall draw down and 

7 sell not to exceed $450,000,000 of crude oil from the Stra8 tegic Petroleum Reserve in fiscal year 2020: Provided fur9 ther, That the proceeds from such drawdown and sale shall 

10 be deposited into the ‘‘Energy Security and Infrastructure 

11 Modernization Fund’’ during fiscal year 2020: Provided 

12 further, That such amounts shall be made available and 

13 shall remain available until expended for necessary ex14 penses to carry out the Life Extension II project for the 

15 Strategic Petroleum Reserve. 

16 SPR PETROLEUM ACCOUNT

17 For the acquisition, transportation, and injection of 

18 petroleum products, and for other necessary expenses pursu19 ant to the Energy Policy and Conservation Act of 1975, 

20 as amended (42 U.S.C. 6203 et seq.), sections 403 and 404 

21 of the Bipartisan Budget Act of 2015 (42 U.S.C. 6241, 6239 

22 note), and section 5010 of the 21st Century Cures Act (Pub23 lic Law 114–255), $10,000,000, to remain available until 

24 expended. 
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1 NORTHEAST HOME HEATING OIL RESERVE

2 For Department of Energy expenses necessary for 

3 Northeast Home Heating Oil Reserve storage, operation, 

4 and management activities pursuant to the Energy Policy 

5 and Conservation Act (42 U.S.C. 6203 et seq.), $10,000,000, 

6 to remain available until expended. 

7 ENERGY INFORMATION ADMINISTRATION

8 For Department of Energy expenses necessary in car9 rying out the activities of the Energy Information Adminis10 tration, $126,800,000, to remain available until expended. 

11 NON-DEFENSE ENVIRONMENTAL CLEANUP

12 For Department of Energy expenses, including the 

13 purchase, construction, and acquisition of plant and cap14 ital equipment and other expenses necessary for non-defense 

15 environmental cleanup activities in carrying out the pur16 poses of the Department of Energy Organization Act (42 

17 U.S.C. 7101 et seq.), including the acquisition or con18 demnation of any real property or any facility or for plant 

19 or facility acquisition, construction, or expansion, 

20 $319,200,000, to remain available until expended: Pro21 vided, That $200,000 of the funds provided are for commu22 nity support. 
327 

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1 URANIUM ENRICHMENT DECONTAMINATION AND

2 DECOMMISSIONING FUND

3 For Department of Energy expenses necessary in car4 rying out uranium enrichment facility decontamination 

5 and decommissioning, remedial actions, and other activities 

6 of title II of the Atomic Energy Act of 1954, and title X, 

7 subtitle A, of the Energy Policy Act of 1992, $881,000,000, 

8 to be derived from the Uranium Enrichment Decontamina9 tion and Decommissioning Fund, to remain available until 

10 expended, of which $5,250,000 shall be available in accord11 ance with title X, subtitle A, of the Energy Policy Act of 

12 1992. 

13 SCIENCE

14 For Department of Energy expenses including the pur15 chase, construction, and acquisition of plant and capital 

16 equipment, and other expenses necessary for science activi17 ties in carrying out the purposes of the Department of En18 ergy Organization Act (42 U.S.C. 7101 et seq.), including 

19 the acquisition or condemnation of any real property or 

20 any facility or for plant or facility acquisition, construc21 tion, or expansion, and purchase of not more than 33 pas22 senger motor vehicles including one bus, $7,000,000,000, to 

23 remain available until expended: Provided, That of such 

24 amount, $186,300,000 shall be available until September 

25 30, 2021, for program direction. 
328 

•HR 1865 EAH 

1 ADVANCED RESEARCH PROJECTS AGENCY—ENERGY

2 For Department of Energy expenses necessary in car3 rying out the activities authorized by section 5012 of the 

4 America COMPETES Act (Public Law 110–69), 

5 $425,000,000, to remain available until expended: Pro6 vided, That of such amount, $35,000,000 shall be available 

7 until September 30, 2021, for program direction. 

8 TITLE 17 INNOVATIVE TECHNOLOGY LOAN GUARANTEE

9 PROGRAM

10 Such sums as are derived from amounts received from 

11 borrowers pursuant to section 1702(b) of the Energy Policy 

12 Act of 2005 under this heading in prior Acts, shall be col13 lected in accordance with section 502(7) of the Congres14 sional Budget Act of 1974: Provided, That for necessary ad15 ministrative expenses of the Title 17 Innovative Technology 

16 Loan Guarantee Program, as authorized, $32,000,000 is 

17 appropriated, to remain available until September 30, 

18 2021: Provided further, That up to $32,000,000 of fees col19 lected in fiscal year 2020 pursuant to section 1702(h) of 

20 the Energy Policy Act of 2005 shall be credited as offsetting 

21 collections under this heading and used for necessary ad22 ministrative expenses in this appropriation and shall re23 main available until September 30, 2021: Provided further, 

24 That to the extent that fees collected in fiscal year 2020 

25 exceed $32,000,000, those excess amounts shall be credited 
329 

•HR 1865 EAH 

1 as offsetting collections under this heading and available 

2 in future fiscal years only to the extent provided in advance 

3 in appropriations Acts: Provided further, That the sum 

4 herein appropriated from the general fund shall be reduced 

5 (1) as such fees are received during fiscal year 2020 (esti6 mated at $3,000,000) and (2) to the extent that any remain7 ing general fund appropriations can be derived from fees 

8 collected in previous fiscal years that are not otherwise ap9 propriated, so as to result in a final fiscal year 2020 appro10 priation from the general fund estimated at $0: Provided 

11 further, That the Department of Energy shall not subordi12 nate any loan obligation to other financing in violation of 

13 section 1702 of the Energy Policy Act of 2005 or subordi14 nate any Guaranteed Obligation to any loan or other debt 

15 obligations in violation of section 609.10 of title 10, Code 

16 of Federal Regulations. 

17 ADVANCED TECHNOLOGY VEHICLES MANUFACTURING

18 LOAN PROGRAM

19 For Department of Energy administrative expenses 

20 necessary in carrying out the Advanced Technology Vehicles 

21 Manufacturing Loan Program, $5,000,000, to remain 

22 available until September 30, 2021. 

23 TRIBAL ENERGY LOAN GUARANTEE PROGRAM

24 For Department of Energy administrative expenses 

25 necessary in carrying out the Tribal Energy Loan Guar-
330 

•HR 1865 EAH 

1 antee Program, $2,000,000, to remain available until Sep2 tember 30, 2021. 

3 OFFICE OF INDIAN ENERGY POLICY AND PROGRAMS

4 For necessary expenses for Indian Energy activities in 

5 carrying out the purposes of the Department of Energy Or6 ganization Act (42 U.S.C. 7101 et seq.), $22,000,000, to re7 main available until expended: Provided, That, of the 

8 amount appropriated under this heading, $5,000,000 shall 

9 be available until September 30, 2021, for program direc10 tion. 

11 DEPARTMENTAL ADMINISTRATION

12 For salaries and expenses of the Department of Energy 

13 necessary for departmental administration in carrying out 

14 the purposes of the Department of Energy Organization Act 

15 (42 U.S.C. 7101 et seq.), $254,378,000, to remain available 

16 until September 30, 2021, including the hire of passenger 

17 motor vehicles and official reception and representation ex18 penses not to exceed $30,000, plus such additional amounts 

19 as necessary to cover increases in the estimated amount of 

20 cost of work for others notwithstanding the provisions of 

21 the Anti-Deficiency Act (31 U.S.C. 1511 et seq.): Provided, 

22 That such increases in cost of work are offset by revenue 

23 increases of the same or greater amount: Provided further, 

24 That moneys received by the Department for miscellaneous 

25 revenues estimated to total $93,378,000 in fiscal year 2020 
331 

•HR 1865 EAH 

1 may be retained and used for operating expenses within this 

2 account, as authorized by section 201 of Public Law 95– 

3 238, notwithstanding the provisions of 31 U.S.C. 3302: Pro4 vided further, That the sum herein appropriated shall be 

5 reduced as collections are received during the fiscal year 

6 so as to result in a final fiscal year 2020 appropriation 

7 from the general fund estimated at not more than 

8 $161,000,000. 

9 OFFICE OF THE INSPECTOR GENERAL

10 For expenses necessary for the Office of the Inspector 

11 General in carrying out the provisions of the Inspector Gen12 eral Act of 1978, $54,215,000, to remain available until 

13 September 30, 2021. 

14 ATOMIC ENERGY DEFENSE ACTIVITIES 

15 NATIONAL NUCLEAR SECURITY ADMINISTRATION 

16 WEAPONS ACTIVITIES

17 For Department of Energy expenses, including the 

18 purchase, construction, and acquisition of plant and cap19 ital equipment and other incidental expenses necessary for 

20 atomic energy defense weapons activities in carrying out 

21 the purposes of the Department of Energy Organization Act 

22 (42 U.S.C. 7101 et seq.), including the acquisition or con23 demnation of any real property or any facility or for plant 

24 or facility acquisition, construction, or expansion, and the 

25 purchase of not to exceed one ambulance for replacement 
332 

•HR 1865 EAH 

1 only, $12,457,097,000, to remain available until expended: 

2 Provided, That of such amount, $107,660,000 shall be avail3 able until September 30, 2021, for program direction. 

4 DEFENSE NUCLEAR NONPROLIFERATION

5 For Department of Energy expenses, including the 

6 purchase, construction, and acquisition of plant and cap7 ital equipment and other incidental expenses necessary for 

8 defense nuclear nonproliferation activities, in carrying out 

9 the purposes of the Department of Energy Organization Act 

10 (42 U.S.C. 7101 et seq.), including the acquisition or con11 demnation of any real property or any facility or for plant 

12 or facility acquisition, construction, or expansion, and the 

13 purchase of not to exceed two aircraft, $2,164,400,000, to 

14 remain available until expended. 

15 NAVAL REACTORS

16 (INCLUDING TRANSFER OF FUNDS)

17 For Department of Energy expenses necessary for 

18 naval reactors activities to carry out the Department of En19 ergy Organization Act (42 U.S.C. 7101 et seq.), including 

20 the acquisition (by purchase, condemnation, construction, 

21 or otherwise) of real property, plant, and capital equip22 ment, facilities, and facility expansion, $1,648,396,000, to 

23 remain available until expended, of which, $88,500,000 

24 shall be transferred to ‘‘Department of Energy—Energy 

25 Programs—Nuclear Energy’’, for the Advanced Test Reac-
333 

•HR 1865 EAH 

1 tor: Provided, That of such amount, $50,500,000 shall be 

2 available until September 30, 2021, for program direction. 

3 FEDERAL SALARIES AND EXPENSES

4 For expenses necessary for Federal Salaries and Ex5 penses in the National Nuclear Security Administration, 

6 $434,699,000, to remain available until September 30, 

7 2021, including official reception and representation ex8 penses not to exceed $17,000. 

9 ENVIRONMENTAL AND OTHER DEFENSE 

10 ACTIVITIES 

11 DEFENSE ENVIRONMENTAL CLEANUP

12 For Department of Energy expenses, including the 

13 purchase, construction, and acquisition of plant and cap14 ital equipment and other expenses necessary for atomic en15 ergy defense environmental cleanup activities in carrying 

16 out the purposes of the Department of Energy Organization 

17 Act (42 U.S.C. 7101 et seq.), including the acquisition or 

18 condemnation of any real property or any facility or for 

19 plant or facility acquisition, construction, or expansion, 

20 $6,255,000,000, to remain available until expended: Pro21 vided, That of such amount, $281,119,000 shall be available 

22 until September 30, 2021, for program direction. 

23 OTHER DEFENSE ACTIVITIES

24 For Department of Energy expenses, including the 

25 purchase, construction, and acquisition of plant and cap-
334 

•HR 1865 EAH 

1 ital equipment and other expenses, necessary for atomic en2 ergy defense, other defense activities, and classified activi3 ties, in carrying out the purposes of the Department of En4 ergy Organization Act (42 U.S.C. 7101 et seq.), including 

5 the acquisition or condemnation of any real property or 

6 any facility or for plant or facility acquisition, construc7 tion, or expansion, and purchase of not more than one pas8 senger motor vehicle, $906,000,000, to remain available 

9 until expended: Provided, That of such amount, 

10 $328,917,000 shall be available until September 30, 2021, 

11 for program direction. 

12 POWER MARKETING ADMINISTRATIONS 

13 BONNEVILLE POWER ADMINISTRATION FUND

14 Expenditures from the Bonneville Power Administra15 tion Fund, established pursuant to Public Law 93–454, are 

16 approved for the Steigerwald Floodplain Restoration 

17 Project and, in addition, for official reception and represen18 tation expenses in an amount not to exceed $5,000: Pro19 vided, That during fiscal year 2020, no new direct loan 

20 obligations may be made: Provided further, Expenditures 

21 from the Bonneville Power Administration Fund, estab22 lished pursuant to Public Law 93–454 are authorized and 

23 approved, without fiscal year limitation, for the cost of cur24 rent and future year purchases or payments of emissions 

25 expenses associated with Bonneville Power Administration 
335 

•HR 1865 EAH 

1 power and transmission operations in states with clean en2 ergy programs: Provided further, This expenditure author3 ization is limited solely to Bonneville Power Administra4 tion’s voluntary purchase or payments made in conjunction 

5 with state clean energy programs and is not a broader 

6 waiver of Bonneville Power Administration’s sovereign im7 munity. 

8 OPERATION AND MAINTENANCE, SOUTHEASTERN POWER

9 ADMINISTRATION

10 For expenses necessary for operation and maintenance 

11 of power transmission facilities and for marketing electric 

12 power and energy, including transmission wheeling and 

13 ancillary services, pursuant to section 5 of the Flood Con14 trol Act of 1944 (16 U.S.C. 825s), as applied to the south15 eastern power area, $6,597,000, including official reception 

16 and representation expenses in an amount not to exceed 

17 $1,500, to remain available until expended: Provided, That 

18 notwithstanding 31 U.S.C. 3302 and section 5 of the Flood 

19 Control Act of 1944, up to $6,597,000 collected by the 

20 Southeastern Power Administration from the sale of power 

21 and related services shall be credited to this account as dis22 cretionary offsetting collections, to remain available until 

23 expended for the sole purpose of funding the annual ex24 penses of the Southeastern Power Administration: Provided 

25 further, That the sum herein appropriated for annual ex-
336 

•HR 1865 EAH 

1 penses shall be reduced as collections are received during 

2 the fiscal year so as to result in a final fiscal year 2020 

3 appropriation estimated at not more than $0: Provided fur4 ther, That notwithstanding 31 U.S.C. 3302, up to 

5 $56,000,000 collected by the Southeastern Power Adminis6 tration pursuant to the Flood Control Act of 1944 to recover 

7 purchase power and wheeling expenses shall be credited to 

8 this account as offsetting collections, to remain available 

9 until expended for the sole purpose of making purchase 

10 power and wheeling expenditures: Provided further, That 

11 for purposes of this appropriation, annual expenses means 

12 expenditures that are generally recovered in the same year 

13 that they are incurred (excluding purchase power and 

14 wheeling expenses). 

15 OPERATION AND MAINTENANCE, SOUTHWESTERN POWER

16 ADMINISTRATION

17 For expenses necessary for operation and maintenance 

18 of power transmission facilities and for marketing electric 

19 power and energy, for construction and acquisition of 

20 transmission lines, substations and appurtenant facilities, 

21 and for administrative expenses, including official recep22 tion and representation expenses in an amount not to ex23 ceed $1,500 in carrying out section 5 of the Flood Control 

24 Act of 1944 (16 U.S.C. 825s), as applied to the South25 western Power Administration, $47,775,000, to remain 
337 

•HR 1865 EAH 

1 available until expended: Provided, That notwithstanding 

2 31 U.S.C. 3302 and section 5 of the Flood Control Act of 

3 1944 (16 U.S.C. 825s), up to $37,375,000 collected by the 

4 Southwestern Power Administration from the sale of power 

5 and related services shall be credited to this account as dis6 cretionary offsetting collections, to remain available until 

7 expended, for the sole purpose of funding the annual ex8 penses of the Southwestern Power Administration: Provided 

9 further, That the sum herein appropriated for annual ex10 penses shall be reduced as collections are received during 

11 the fiscal year so as to result in a final fiscal year 2020 

12 appropriation estimated at not more than $10,400,000: 

13 Provided further, That notwithstanding 31 U.S.C. 3302, up 

14 to $43,000,000 collected by the Southwestern Power Admin15 istration pursuant to the Flood Control Act of 1944 to re16 cover purchase power and wheeling expenses shall be cred17 ited to this account as offsetting collections, to remain avail18 able until expended for the sole purpose of making purchase 

19 power and wheeling expenditures: Provided further, That 

20 for purposes of this appropriation, annual expenses means 

21 expenditures that are generally recovered in the same year 

22 that they are incurred (excluding purchase power and 

23 wheeling expenses). 
338 

•HR 1865 EAH 

1 CONSTRUCTION, REHABILITATION, OPERATION AND

2 MAINTENANCE, WESTERN AREA POWER ADMINISTRATION

3 (INCLUDING RESCISSION OF FUNDS)

4 For carrying out the functions authorized by title III, 

5 section 302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C. 

6 7152), and other related activities including conservation 

7 and renewable resources programs as authorized, 

8 $262,959,000, including official reception and representa9 tion expenses in an amount not to exceed $1,500, to remain 

10 available until expended, of which $262,959,000 shall be de11 rived from the Department of the Interior Reclamation 

12 Fund: Provided, That notwithstanding 31 U.S.C. 3302, sec13 tion 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), 

14 and section 1 of the Interior Department Appropriation 

15 Act, 1939 (43 U.S.C. 392a), up to $173,587,000 collected 

16 by the Western Area Power Administration from the sale 

17 of power and related services shall be credited to this ac18 count as discretionary offsetting collections, to remain 

19 available until expended, for the sole purpose of funding 

20 the annual expenses of the Western Area Power Administra21 tion: Provided further, That the sum herein appropriated 

22 for annual expenses shall be reduced as collections are re23 ceived during the fiscal year so as to result in a final fiscal 

24 year 2020 appropriation estimated at not more than 

25 $89,372,000, of which $89,372,000 is derived from the Rec-
339 

•HR 1865 EAH 

1 lamation Fund: Provided further, That notwithstanding 31 

2 U.S.C. 3302, up to $227,000,000 collected by the Western 

3 Area Power Administration pursuant to the Flood Control 

4 Act of 1944 and the Reclamation Project Act of 1939 to 

5 recover purchase power and wheeling expenses shall be cred6 ited to this account as offsetting collections, to remain avail7 able until expended for the sole purpose of making purchase 

8 power and wheeling expenditures: Provided further, That 

9 for purposes of this appropriation, annual expenses means 

10 expenditures that are generally recovered in the same year 

11 that they are incurred (excluding purchase power and 

12 wheeling expenses): Provided further, That of the unobli13 gated balances from prior year appropriations available 

14 under this heading, $176,000 is hereby permanently can15 celled. 

16 FALCON AND AMISTAD OPERATING AND MAINTENANCE

17 FUND

18 For operation, maintenance, and emergency costs for 

19 the hydroelectric facilities at the Falcon and Amistad 

20 Dams, $3,160,000, to remain available until expended, and 

21 to be derived from the Falcon and Amistad Operating and 

22 Maintenance Fund of the Western Area Power Administra23 tion, as provided in section 2 of the Act of June 18, 1954 

24 (68 Stat. 255): Provided, That notwithstanding the provi25 sions of that Act and of 31 U.S.C. 3302, up to $2,932,000 
340 

•HR 1865 EAH 

1 collected by the Western Area Power Administration from 

2 the sale of power and related services from the Falcon and 

3 Amistad Dams shall be credited to this account as discre4 tionary offsetting collections, to remain available until ex5 pended for the sole purpose of funding the annual expenses 

6 of the hydroelectric facilities of these Dams and associated 

7 Western Area Power Administration activities: Provided 

8 further, That the sum herein appropriated for annual ex9 penses shall be reduced as collections are received during 

10 the fiscal year so as to result in a final fiscal year 2020 

11 appropriation estimated at not more than $228,000: Pro12 vided further, That for purposes of this appropriation, an13 nual expenses means expenditures that are generally recov14 ered in the same year that they are incurred: Provided fur15 ther, That for fiscal year 2020, the Administrator of the 

16 Western Area Power Administration may accept up to 

17 $1,187,000 in funds contributed by United States power 

18 customers of the Falcon and Amistad Dams for deposit into 

19 the Falcon and Amistad Operating and Maintenance Fund, 

20 and such funds shall be available for the purpose for which 

21 contributed in like manner as if said sums had been specifi22 cally appropriated for such purpose: Provided further, That 

23 any such funds shall be available without further appro24 priation and without fiscal year limitation for use by the 

25 Commissioner of the United States Section of the Inter-
341 

•HR 1865 EAH 

1 national Boundary and Water Commission for the sole pur2 pose of operating, maintaining, repairing, rehabilitating, 

3 replacing, or upgrading the hydroelectric facilities at these 

4 Dams in accordance with agreements reached between the 

5 Administrator, Commissioner, and the power customers. 

6 FEDERAL ENERGY REGULATORY COMMISSION

7 SALARIES AND EXPENSES

8 For expenses necessary for the Federal Energy Regu9 latory Commission to carry out the provisions of the De10 partment of Energy Organization Act (42 U.S.C. 7101 et 

11 seq.), including services as authorized by 5 U.S.C. 3109, 

12 official reception and representation expenses not to exceed 

13 $3,000, and the hire of passenger motor vehicles, 

14 $382,000,000, to remain available until expended: Pro15 vided, That notwithstanding any other provision of law, not 

16 to exceed $382,000,000 of revenues from fees and annual 

17 charges, and other services and collections in fiscal year 

18 2020 shall be retained and used for expenses necessary in 

19 this account, and shall remain available until expended: 

20 Provided further, That the sum herein appropriated from 

21 the general fund shall be reduced as revenues are received 

22 during fiscal year 2020 so as to result in a final fiscal year 

23 2020 appropriation from the general fund estimated at not 

24 more than $0. 
342 

•HR 1865 EAH 

1 GENERAL PROVISIONS—DEPARTMENT OF 

2 ENERGY 

3 (INCLUDING TRANSFER AND RESCISSION OF FUNDS)

4 SEC. 301. (a) No appropriation, funds, or authority 

5 made available by this title for the Department of Energy 

6 shall be used to initiate or resume any program, project, 

7 or activity or to prepare or initiate Requests For Proposals 

8 or similar arrangements (including Requests for 

9 Quotations, Requests for Information, and Funding Oppor10 tunity Announcements) for a program, project, or activity 

11 if the program, project, or activity has not been funded by 

12 Congress. 

13 (b)(1) Unless the Secretary of Energy notifies the Com14 mittees on Appropriations of both Houses of Congress at 

15 least 3 full business days in advance, none of the funds 

16 made available in this title may be used to— 

17 (A) make a grant allocation or discretionary 

18 grant award totaling $1,000,000 or more; 

19 (B) make a discretionary contract award or 

20 Other Transaction Agreement totaling $1,000,000 or 

21 more, including a contract covered by the Federal Ac22 quisition Regulation; 

23 (C) issue a letter of intent to make an allocation, 

24 award, or Agreement in excess of the limits in sub25 paragraph (A) or (B); or 
343 

•HR 1865 EAH 

1 (D) announce publicly the intention to make an 

2 allocation, award, or Agreement in excess of the limits 

3 in subparagraph (A) or (B). 

4 (2) The Secretary of Energy shall submit to the Com5 mittees on Appropriations of both Houses of Congress with6 in 15 days of the conclusion of each quarter a report detail7 ing each grant allocation or discretionary grant award to8 taling less than $1,000,000 provided during the previous 

9 quarter. 

10 (3) The notification required by paragraph (1) and the 

11 report required by paragraph (2) shall include the recipient 

12 of the award, the amount of the award, the fiscal year for 

13 which the funds for the award were appropriated, the ac14 count and program, project, or activity from which the 

15 funds are being drawn, the title of the award, and a brief 

16 description of the activity for which the award is made. 

17 (c) The Department of Energy may not, with respect 

18 to any program, project, or activity that uses budget au19 thority made available in this title under the heading ‘‘De20 partment of Energy—Energy Programs’’, enter into a 

21 multiyear contract, award a multiyear grant, or enter into 

22 a multiyear cooperative agreement unless— 

23 (1) the contract, grant, or cooperative agreement 

24 is funded for the full period of performance as antici25 pated at the time of award; or 
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1 (2) the contract, grant, or cooperative agreement 

2 includes a clause conditioning the Federal Govern3 ment’s obligation on the availability of future year 

4 budget authority and the Secretary notifies the Com5 mittees on Appropriations of both Houses of Congress 

6 at least 3 days in advance. 

7 (d) Except as provided in subsections (e), (f), and (g), 

8 the amounts made available by this title shall be expended 

9 as authorized by law for the programs, projects, and activi10 ties specified in the ‘‘Final Bill’’ column in the ‘‘Depart11 ment of Energy’’ table included under the heading ‘‘Title 

12 III—Department of Energy’’ in the explanatory statement 

13 described in section 4 (in the matter preceding division A 

14 of this consolidated Act). 

15 (e) The amounts made available by this title may be 

16 reprogrammed for any program, project, or activity, and 

17 the Department shall notify, and obtain the prior approval 

18 of, the Committees on Appropriations of both Houses of 

19 Congress at least 30 days prior to the use of any proposed 

20 reprogramming that would cause any program, project, or 

21 activity funding level to increase or decrease by more than 

22 $5,000,000 or 10 percent, whichever is less, during the time 

23 period covered by this Act. 
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1 (f) None of the funds provided in this title shall be 

2 available for obligation or expenditure through a re3 programming of funds that— 

4 (1) creates, initiates, or eliminates a program, 

5 project, or activity; 

6 (2) increases funds or personnel for any pro7 gram, project, or activity for which funds are denied 

8 or restricted by this Act; or 

9 (3) reduces funds that are directed to be used for 

10 a specific program, project, or activity by this Act. 

11 (g)(1) The Secretary of Energy may waive any re12 quirement or restriction in this section that applies to the 

13 use of funds made available for the Department of Energy 

14 if compliance with such requirement or restriction would 

15 pose a substantial risk to human health, the environment, 

16 welfare, or national security. 

17 (2) The Secretary of Energy shall notify the Commit18 tees on Appropriations of both Houses of Congress of any 

19 waiver under paragraph (1) as soon as practicable, but not 

20 later than 3 days after the date of the activity to which 

21 a requirement or restriction would otherwise have applied. 

22 Such notice shall include an explanation of the substantial 

23 risk under paragraph (1) that permitted such waiver. 

24 (h) The unexpended balances of prior appropriations 

25 provided for activities in this Act may be available to the 
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1 same appropriation accounts for such activities established 

2 pursuant to this title. Available balances may be merged 

3 with funds in the applicable established accounts and there4 after may be accounted for as one fund for the same time 

5 period as originally enacted. 

6 SEC. 302. Funds appropriated by this or any other 

7 Act, or made available by the transfer of funds in this Act, 

8 for intelligence activities are deemed to be specifically au9 thorized by the Congress for purposes of section 504 of the 

10 National Security Act of 1947 (50 U.S.C. 3094) during fis11 cal year 2020 until the enactment of the Intelligence Au12 thorization Act for fiscal year 2020. 

13 SEC. 303. None of the funds made available in this 

14 title shall be used for the construction of facilities classified 

15 as high-hazard nuclear facilities under 10 CFR Part 830 

16 unless independent oversight is conducted by the Office of 

17 Enterprise Assessments to ensure the project is in compli18 ance with nuclear safety requirements. 

19 SEC. 304. None of the funds made available in this 

20 title may be used to approve critical decision-2 or critical 

21 decision-3 under Department of Energy Order 413.3B, or 

22 any successive departmental guidance, for construction 

23 projects where the total project cost exceeds $100,000,000, 

24 until a separate independent cost estimate has been devel25 oped for the project for that critical decision. 
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•HR 1865 EAH 

1 SEC. 305. (a) None of the funds made available in this 

2 or any prior Act under the heading ‘‘Defense Nuclear Non3 proliferation’’ may be made available to enter into new con4 tracts with, or new agreements for Federal assistance to, 

5 the Russian Federation. 

6 (b) The Secretary of Energy may waive the prohibition 

7 in subsection (a) if the Secretary determines that such ac8 tivity is in the national security interests of the United 

9 States. This waiver authority may not be delegated. 

10 (c) A waiver under subsection (b) shall not be effective 

11 until 15 days after the date on which the Secretary submits 

12 to the Committees on Appropriations of both Houses of Con13 gress, in classified form if necessary, a report on the jus14 tification for the waiver. 

15 SEC. 306. Notwithstanding section 161 of the Energy 

16 Policy and Conservation Act (42 U.S.C. 6241), upon a de17 termination by the President in this fiscal year that a re18 gional supply shortage of refined petroleum product of sig19 nificant scope and duration exists, that a severe increase 

20 in the price of refined petroleum product will likely result 

21 from such shortage, and that a draw down and sale of re22 fined petroleum product would assist directly and signifi23 cantly in reducing the adverse impact of such shortage, the 

24 Secretary of Energy may draw down and sell refined petro25 leum product from the Strategic Petroleum Reserve. Pro-
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•HR 1865 EAH 

1 ceeds from a sale under this section shall be deposited into 

2 the SPR Petroleum Account established in section 167 of 

3 the Energy Policy and Conservation Act (42 U.S.C. 6247), 

4 and such amounts shall be available for obligation, without 

5 fiscal year limitation, consistent with that section. 

6 SEC. 307. Of the offsetting collections, including unob7 ligated balances of such collections, in the ‘‘Department of 

8 Energy—Power Marketing Administration—Colorado 

9 River Basins Power Marketing Fund, Western Area Power 

10 Administration’’, $21,400,000 shall be transferred to the 

11 ‘‘Department of Interior—Bureau of Reclamation—Upper 

12 Colorado River Basin Fund’’ for the Bureau of Reclamation 

13 to carry out environmental stewardship and endangered 

14 species recovery efforts. 

15 SEC. 308. (a) Of the unobligated balances available 

16 from amounts appropriated in prior Acts under the heading 

17 ‘‘Title III—Department of Energy—Energy Programs’’, 

18 $12,723,000 is hereby rescinded. 

19 (b) No amounts may be rescinded under (a) from 

20 amounts that were designated by the Congress as an emer21 gency requirement pursuant to a concurrent resolution on 

22 the budget or the Balanced Budget and Emergency Deficit 

23 Control Act of 1985. 

24 SEC. 309. Beginning in fiscal year 2021 and for each 

25 fiscal year thereafter, fees collected pursuant to subsection 
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•HR 1865 EAH 

1 (b)(1) of section 6939f of title 42, United States Code, shall 

2 be deposited in ‘‘Department of Energy—Energy Pro3 grams—Non-Defense Environmental Cleanup’’ as discre4 tionary offsetting collections. 

5 SEC. 310. During fiscal year 2020 and each fiscal year 

6 thereafter, notwithstanding any provision of title 5, United 

7 States Code, relating to classification or rates of pay, the 

8 Southeastern Power Administration shall pay any power 

9 system dispatcher employed by the Administration a rate 

10 of basic pay and premium pay based on those prevailing 

11 for similar occupations in the electric power industry. 

12 Basic pay and premium pay may not be paid under this 

13 section to any individual during a calendar year so as to 

14 result in a total rate in excess of the rate of basic pay for 

15 level V of the Executive Schedule (section 5316 of such title). 

16 TITLE IV 

17 INDEPENDENT AGENCIES 

18 APPALACHIAN REGIONAL COMMISSION

19 For expenses necessary to carry out the programs au20 thorized by the Appalachian Regional Development Act of 

21 1965, and for expenses necessary for the Federal Co-Chair22 man and the Alternate on the Appalachian Regional Com23 mission, for payment of the Federal share of the adminis24 trative expenses of the Commission, including services as 
350 

•HR 1865 EAH 

1 authorized by 5 U.S.C. 3109, and hire of passenger motor 

2 vehicles, $175,000,000, to remain available until expended. 

3 DEFENSE NUCLEAR FACILITIES SAFETY BOARD

4 SALARIES AND EXPENSES

5 For expenses necessary for the Defense Nuclear Facili6 ties Safety Board in carrying out activities authorized by 

7 the Atomic Energy Act of 1954, as amended by Public Law 

8 100–456, section 1441, $31,000,000, to remain available 

9 until September 30, 2021. 

10 DELTA REGIONAL AUTHORITY

11 SALARIES AND EXPENSES

12 For expenses necessary for the Delta Regional Author13 ity and to carry out its activities, as authorized by the 

14 Delta Regional Authority Act of 2000, notwithstanding sec15 tions 382F(d), 382M, and 382N of said Act, $30,000,000, 

16 to remain available until expended. 

17 DENALI COMMISSION

18 For expenses necessary for the Denali Commission in19 cluding the purchase, construction, and acquisition of plant 

20 and capital equipment as necessary and other expenses, 

21 $15,000,000, to remain available until expended, notwith22 standing the limitations contained in section 306(g) of the 

23 Denali Commission Act of 1998: Provided, That funds shall 

24 be available for construction projects in an amount not to 

25 exceed 80 percent of total project cost for distressed commu-
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•HR 1865 EAH 

1 nities, as defined by section 307 of the Denali Commission 

2 Act of 1998 (division C, title III, Public Law 105–277), 

3 as amended by section 701 of appendix D, title VII, Public 

4 Law 106–113 (113 Stat. 1501A–280), and an amount not 

5 to exceed 50 percent for non-distressed communities: Pro6 vided further, That notwithstanding any other provision of 

7 law regarding payment of a non-Federal share in connec8 tion with a grant-in-aid program, amounts under this 

9 heading shall be available for the payment of such a non10 Federal share for programs undertaken to carry out the 

11 purposes of the Commission. 

12 NORTHERN BORDER REGIONAL COMMISSION

13 For expenses necessary for the Northern Border Re14 gional Commission in carrying out activities authorized by 

15 subtitle V of title 40, United States Code, $25,000,000, to 

16 remain available until expended: Provided, That such 

17 amounts shall be available for administrative expenses, not18 withstanding section 15751(b) of title 40, United States 

19 Code. 

20 SOUTHEAST CRESCENT REGIONAL COMMISSION

21 For expenses necessary for the Southeast Crescent Re22 gional Commission in carrying out activities authorized by 

23 subtitle V of title 40, United States Code, $250,000, to re24 main available until expended. 
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•HR 1865 EAH 

1 NUCLEAR REGULATORY COMMISSION

2 SALARIES AND EXPENSES

3 For expenses necessary for the Commission in carrying 

4 out the purposes of the Energy Reorganization Act of 1974 

5 and the Atomic Energy Act of 1954, $842,236,000, includ6 ing official representation expenses not to exceed $25,000, 

7 to remain available until expended: Provided, That of the 

8 amount appropriated herein, not more than $9,500,000 

9 may be made available for salaries, travel, and other sup10 port costs for the Office of the Commission, to remain avail11 able until September 30, 2021, of which, notwithstanding 

12 section 201(a)(2)(c) of the Energy Reorganization Act of 

13 1974 (42 U.S.C. 5841(a)(2)(c)), the use and expenditure 

14 shall only be approved by a majority vote of the Commis15 sion: Provided further, That revenues from licensing fees, 

16 inspection services, and other services and collections esti17 mated at $717,125,000 in fiscal year 2020 shall be retained 

18 and used for necessary salaries and expenses in this ac19 count, notwithstanding 31 U.S.C. 3302, and shall remain 

20 available until expended: Provided further, That of the 

21 amounts appropriated under this heading, not less than 

22 $15,478,000 shall be for activities related to the development 

23 of regulatory infrastructure for advanced nuclear tech24 nologies, and $14,500,000 shall be for international activi25 ties, except that the amounts provided under this proviso 
353 

•HR 1865 EAH 

1 shall not be derived from fee revenues, notwithstanding 42 

2 U.S.C. 2214: Provided further, That the sum herein appro3 priated shall be reduced by the amount of revenues received 

4 during fiscal year 2020 so as to result in a final fiscal year 

5 2020 appropriation estimated at not more than 

6 $125,111,000: Provided further, That of the amounts appro7 priated under this heading, $10,500,000 shall be for univer8 sity research and development in areas relevant to the Com9 mission’s mission, and $5,500,000 shall be for a Nuclear 

10 Science and Engineering Grant Program that will support 

11 multiyear projects that do not align with programmatic 

12 missions but are critical to maintaining the discipline of 

13 nuclear science and engineering. 

14 OFFICE OF INSPECTOR GENERAL

15 For expenses necessary for the Office of Inspector Gen16 eral in carrying out the provisions of the Inspector General 

17 Act of 1978, $13,314,000, to remain available until Sep18 tember 30, 2021: Provided, That revenues from licensing 

19 fees, inspection services, and other services and collections 

20 estimated at $10,929,000 in fiscal year 2020 shall be re21 tained and be available until September 30, 2021, for nec22 essary salaries and expenses in this account, notwith23 standing section 3302 of title 31, United States Code: Pro24 vided further, That the sum herein appropriated shall be 

25 reduced by the amount of revenues received during fiscal 
354 

•HR 1865 EAH 

1 year 2020 so as to result in a final fiscal year 2020 appro2 priation estimated at not more than $2,385,000: Provided 

3 further, That of the amounts appropriated under this head4 ing, $1,171,000 shall be for Inspector General services for 

5 the Defense Nuclear Facilities Safety Board, which shall not 

6 be available from fee revenues. 

7 NUCLEAR WASTE TECHNICAL REVIEW BOARD

8 SALARIES AND EXPENSES

9 For expenses necessary for the Nuclear Waste Tech10 nical Review Board, as authorized by Public Law 100–203, 

11 section 5051, $3,600,000, to be derived from the Nuclear 

12 Waste Fund, to remain available until September 30, 2021. 

13 GENERAL PROVISIONS—INDEPENDENT 

14 AGENCIES 

15 SEC. 401. The Nuclear Regulatory Commission shall 

16 comply with the July 5, 2011, version of Chapter VI of its 

17 Internal Commission Procedures when responding to Con18 gressional requests for information, consistent with Depart19 ment of Justice guidance for all federal agencies. 

20 SEC. 402. (a) The amounts made available by this title 

21 for the Nuclear Regulatory Commission may be repro22 grammed for any program, project, or activity, and the 

23 Commission shall notify the Committees on Appropriations 

24 of both Houses of Congress at least 30 days prior to the 

25 use of any proposed reprogramming that would cause any 
355 

•HR 1865 EAH 

1 program funding level to increase or decrease by more than 

2 $500,000 or 10 percent, whichever is less, during the time 

3 period covered by this Act. 

4 (b)(1) The Nuclear Regulatory Commission may waive 

5 the notification requirement in subsection (a) if compliance 

6 with such requirement would pose a substantial risk to 

7 human health, the environment, welfare, or national secu8 rity. 

9 (2) The Nuclear Regulatory Commission shall notify 

10 the Committees on Appropriations of both Houses of Con11 gress of any waiver under paragraph (1) as soon as prac12 ticable, but not later than 3 days after the date of the activ13 ity to which a requirement or restriction would otherwise 

14 have applied. Such notice shall include an explanation of 

15 the substantial risk under paragraph (1) that permitted 

16 such waiver and shall provide a detailed report to the Com17 mittees of such waiver and changes to funding levels to pro18 grams, projects, or activities. 

19 (c) Except as provided in subsections (a), (b), and (d), 

20 the amounts made available by this title for ‘‘Nuclear Regu21 latory Commission—Salaries and Expenses’’ shall be ex22 pended as directed in the explanatory statement described 

23 in section 4 (in the matter preceding division A of this con24 solidated Act). 
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1 (d) None of the funds provided for the Nuclear Regu2 latory Commission shall be available for obligation or ex3 penditure through a reprogramming of funds that increases 

4 funds or personnel for any program, project, or activity for 

5 which funds are denied or restricted by this Act. 

6 (e) The Commission shall provide a monthly report to 

7 the Committees on Appropriations of both Houses of Con8 gress, which includes the following for each program, 

9 project, or activity, including any prior year appropria10 tions— 

11 (1) total budget authority; 

12 (2) total unobligated balances; and 

13 (3) total unliquidated obligations. 

14 TITLE V 

15 GENERAL PROVISIONS 

16 (INCLUDING TRANSFER OF FUNDS)

17 SEC. 501. None of the funds appropriated by this Act 

18 may be used in any way, directly or indirectly, to influence 

19 congressional action on any legislation or appropriation 

20 matters pending before Congress, other than to commu21 nicate to Members of Congress as described in 18 U.S.C. 

22 1913. 

23 SEC. 502. (a) None of the funds made available in title 

24 III of this Act may be transferred to any department, agen25 cy, or instrumentality of the United States Government, ex-
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•HR 1865 EAH 

1 cept pursuant to a transfer made by or transfer authority 

2 provided in this Act or any other appropriations Act for 

3 any fiscal year, transfer authority referenced in the explan4 atory statement described in section 4 (in the matter pre5 ceding division A of this consolidated Act), or any authority 

6 whereby a department, agency, or instrumentality of the 

7 United States Government may provide goods or services 

8 to another department, agency, or instrumentality. 

9 (b) None of the funds made available for any depart10 ment, agency, or instrumentality of the United States Gov11 ernment may be transferred to accounts funded in title III 

12 of this Act, except pursuant to a transfer made by or trans13 fer authority provided in this Act or any other appropria14 tions Act for any fiscal year, transfer authority referenced 

15 in the explanatory statement described in section 4 (in the 

16 matter preceding division A of this consolidated Act), or 

17 any authority whereby a department, agency, or instru18 mentality of the United States Government may provide 

19 goods or services to another department, agency, or instru20 mentality. 

21 (c) The head of any relevant department or agency 

22 funded in this Act utilizing any transfer authority shall 

23 submit to the Committees on Appropriations of both Houses 

24 of Congress a semiannual report detailing the transfer au25 thorities, except for any authority whereby a department, 
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•HR 1865 EAH 

1 agency, or instrumentality of the United States Government 

2 may provide goods or services to another department, agen3 cy, or instrumentality, used in the previous 6 months and 

4 in the year-to-date. This report shall include the amounts 

5 transferred and the purposes for which they were trans6 ferred, and shall not replace or modify existing notification 

7 requirements for each authority. 

8 SEC. 503. None of the funds made available by this 

9 Act may be used in contravention of Executive Order No. 

10 12898 of February 11, 1994 (Federal Actions to Address 

11 Environmental Justice in Minority Populations and Low12 Income Populations). 

13 SEC. 504. (a) None of the funds made available in this 

14 Act may be used to maintain or establish a computer net15 work unless such network blocks the viewing, downloading, 

16 and exchanging of pornography. 

17 (b) Nothing in subsection (a) shall limit the use of 

18 funds necessary for any Federal, State, tribal, or local law 

19 enforcement agency or any other entity carrying out crimi20 nal investigations, prosecution, or adjudication activities. 

21 This division may be cited as the ‘‘Energy and Water 

22 Development and Related Agencies Appropriations Act, 

23 2020’’. 
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1 DIVISION D—DEPARTMENT OF THE INTE2 RIOR, ENVIRONMENT, AND RELATED 

3 AGENCIES APPROPRIATIONS ACT, 2020 

4 TITLE I 

5 DEPARTMENT OF THE INTERIOR 

6 BUREAU OF LAND MANAGEMENT

7 MANAGEMENT OF LANDS AND RESOURCES

8 (INCLUDING RESCISSION OF FUNDS)

9 For necessary expenses for protection, use, improve10 ment, development, disposal, cadastral surveying, classifica11 tion, acquisition of easements and other interests in lands, 

12 and performance of other functions, including maintenance 

13 of facilities, as authorized by law, in the management of 

14 lands and their resources under the jurisdiction of the Bu15 reau of Land Management, including the general adminis16 tration of the Bureau, and assessment of mineral potential 

17 of public lands pursuant to section 1010(a) of Public Law 

18 96–487 (16 U.S.C. 3150(a)), $1,237,015,000, to remain 

19 available until September 30, 2021; of which $115,000,000 

20 for annual and deferred maintenance and $101,555,000 for 

21 the wild horse and burro program, as authorized by Public 

22 Law 92–195 (16 U.S.C. 1331 et sec.), shall remain avail23 able until expended: Provided, That of the funds made 

24 available for the wild horse and burro program, 

25 $21,000,000 shall not be available for obligation until 60 
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•HR 1865 EAH 

1 days after submission to the Congress of the detailed plan 

2 described in the explanatory statement described in section 

3 4 (in the matter preceding division A of this consolidated 

4 Act): Provided further, That amounts in the fee account of 

5 the BLM Permit Processing Improvement Fund may be 

6 used for any bureau-related expenses associated with the 

7 processing of oil and gas applications for permits to drill 

8 and related use of authorizations. 

9 In addition, $40,196,000 is for Mining Law Adminis10 tration program operations, including the cost of admin11 istering the mining claim fee program, to remain available 

12 until expended, to be reduced by amounts collected by the 

13 Bureau and credited to this appropriation from mining 

14 claim maintenance fees and location fees that are hereby 

15 authorized for fiscal year 2020, so as to result in a final 

16 appropriation estimated at not more than $1,237,015,000, 

17 and $2,000,000, to remain available until expended, from 

18 communication site rental fees established by the Bureau 

19 for the cost of administering communication site activities. 

20 Of the unobligated balances from amounts made avail21 able under this heading in fiscal year 2017 or before, 

22 $19,000,000 is permanently rescinded: Provided, That no 

23 amounts may be rescinded from amounts that were des24 ignated by the Congress as an emergency requirement pur25 suant to the Concurrent Resolution on the Budget or the 
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1 Balanced Budget and Emergency Deficit Control Act of 

2 1985. 

3 CONSTRUCTION

4 (INCLUDING RESCISSION OF FUNDS)

5 Of the unobligated balances from amounts made avail6 able under this heading $5,400,000 is permanently re7 scinded: Provided, That no amounts may be rescinded from 

8 amounts that were designated by the Congress as an emer9 gency requirement pursuant to the Concurrent Resolution 

10 on the Budget or the Balanced Budget and Emergency Def11 icit Control Act of 1985. 

12 LAND ACQUISITION

13 (INCLUDING RESCISSION OF FUNDS)

14 For expenses necessary to carry out sections 205, 206, 

15 and 318(d) of Public Law 94–579, including administra16 tive expenses and acquisition of lands or waters, or interests 

17 therein, $32,300,000, to be derived from the Land and 

18 Water Conservation Fund and to remain available until 

19 expended. 

20 Of the unobligated balances from amounts made avail21 able for Land Acquisition and derived from the Land and 

22 Water Conservation Fund, $2,367,000 is hereby perma23 nently rescinded from projects with cost savings or failed 

24 or partially failed projects: Provided, That no amounts may 

25 be rescinded from amounts that were designated by the Con-
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1 gress as an emergency requirement pursuant to the Concur2 rent Resolution on the Budget or the Balanced Budget and 

3 Emergency Deficit Control Act of 1985. 

4 OREGON AND CALIFORNIA GRANT LANDS

5 For expenses necessary for management, protection, 

6 and development of resources and for construction, oper7 ation, and maintenance of access roads, reforestation, and 

8 other improvements on the revested Oregon and California 

9 Railroad grant lands, on other Federal lands in the Oregon 

10 and California land-grant counties of Oregon, and on adja11 cent rights-of-way; and acquisition of lands or interests 

12 therein, including existing connecting roads on or adjacent 

13 to such grant lands; $112,094,000, to remain available until 

14 expended: Provided, That 25 percent of the aggregate of all 

15 receipts during the current fiscal year from the revested Or16 egon and California Railroad grant lands is hereby made 

17 a charge against the Oregon and California land-grant 

18 fund and shall be transferred to the General Fund in the 

19 Treasury in accordance with the second paragraph of sub20 section (b) of title II of the Act of August 28, 1937 (43 

21 U.S.C. 2605). 

22 RANGE IMPROVEMENTS

23 For rehabilitation, protection, and acquisition of lands 

24 and interests therein, and improvement of Federal range25 lands pursuant to section 401 of the Federal Land Policy 
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•HR 1865 EAH 

1 and Management Act of 1976 (43 U.S.C. 1751), notwith2 standing any other Act, sums equal to 50 percent of all 

3 moneys received during the prior fiscal year under sections 

4 3 and 15 of the Taylor Grazing Act (43 U.S.C. 315b, 315m) 

5 and the amount designated for range improvements from 

6 grazing fees and mineral leasing receipts from Bankhead7 Jones lands transferred to the Department of the Interior 

8 pursuant to law, but not less than $10,000,000, to remain 

9 available until expended: Provided, That not to exceed 

10 $600,000 shall be available for administrative expenses. 

11 SERVICE CHARGES, DEPOSITS, AND FORFEITURES

12 For administrative expenses and other costs related to 

13 processing application documents and other authorizations 

14 for use and disposal of public lands and resources, for costs 

15 of providing copies of official public land documents, for 

16 monitoring construction, operation, and termination of fa17 cilities in conjunction with use authorizations, and for re18 habilitation of damaged property, such amounts as may be 

19 collected under Public Law 94–579 (43 U.S.C. 1701 et seq.), 

20 and under section 28 of the Mineral Leasing Act (30 U.S.C. 

21 185), to remain available until expended: Provided, That 

22 notwithstanding any provision to the contrary of section 

23 305(a) of Public Law 94–579 (43 U.S.C. 1735(a)), any 

24 moneys that have been or will be received pursuant to that 

25 section, whether as a result of forfeiture, compromise, or set-
364 

•HR 1865 EAH 

1 tlement, if not appropriate for refund pursuant to section 

2 305(c) of that Act (43 U.S.C. 1735(c)), shall be available 

3 and may be expended under the authority of this Act by 

4 the Secretary to improve, protect, or rehabilitate any public 

5 lands administered through the Bureau of Land Manage6 ment which have been damaged by the action of a resource 

7 developer, purchaser, permittee, or any unauthorized per8 son, without regard to whether all moneys collected from 

9 each such action are used on the exact lands damaged which 

10 led to the action: Provided further, That any such moneys 

11 that are in excess of amounts needed to repair damage to 

12 the exact land for which funds were collected may be used 

13 to repair other damaged public lands. 

14 MISCELLANEOUS TRUST FUNDS

15 In addition to amounts authorized to be expended 

16 under existing laws, there is hereby appropriated such 

17 amounts as may be contributed under section 307 of Public 

18 Law 94–579 (43 U.S.C. 1737), and such amounts as may 

19 be advanced for administrative costs, surveys, appraisals, 

20 and costs of making conveyances of omitted lands under sec21 tion 211(b) of that Act (43 U.S.C. 1721(b)), to remain 

22 available until expended. 

23 ADMINISTRATIVE PROVISIONS

24 The Bureau of Land Management may carry out the 

25 operations funded under this Act by direct expenditure, con-
365 

•HR 1865 EAH 

1 tracts, grants, cooperative agreements and reimbursable 

2 agreements with public and private entities, including with 

3 States. Appropriations for the Bureau shall be available for 

4 purchase, erection, and dismantlement of temporary struc5 tures, and alteration and maintenance of necessary build6 ings and appurtenant facilities to which the United States 

7 has title; up to $100,000 for payments, at the discretion 

8 of the Secretary, for information or evidence concerning vio9 lations of laws administered by the Bureau; miscellaneous 

10 and emergency expenses of enforcement activities authorized 

11 or approved by the Secretary and to be accounted for solely 

12 on the Secretary’s certificate, not to exceed $10,000: Pro13 vided, That notwithstanding Public Law 90–620 (44 U.S.C. 

14 501), the Bureau may, under cooperative cost-sharing and 

15 partnership arrangements authorized by law, procure 

16 printing services from cooperators in connection with joint17 ly produced publications for which the cooperators share the 

18 cost of printing either in cash or in services, and the Bureau 

19 determines the cooperator is capable of meeting accepted 

20 quality standards: Provided further, That projects to be 

21 funded pursuant to a written commitment by a State gov22 ernment to provide an identified amount of money in sup23 port of the project may be carried out by the Bureau on 

24 a reimbursable basis. 
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1 UNITED STATES FISH AND WILDLIFE SERVICE

2 RESOURCE MANAGEMENT

3 For necessary expenses of the United States Fish and 

4 Wildlife Service, as authorized by law, and for scientific 

5 and economic studies, general administration, and for the 

6 performance of other authorized functions related to such 

7 resources, $1,364,289,000, to remain available until Sep8 tember 30, 2021: Provided, That not to exceed $20,318,000 

9 shall be used for implementing subsections (a), (b), (c), and 

10 (e) of section 4 of the Endangered Species Act of 1973 (16 

11 U.S.C. 1533) (except for processing petitions, developing 

12 and issuing proposed and final regulations, and taking any 

13 other steps to implement actions described in subsection 

14 (c)(2)(A), (c)(2)(B)(i), or (c)(2)(B)(ii)): Provided further, 

15 That of the amounts made available under this heading for 

16 central office operations, $1,000,000 shall not be available 

17 for obligation until the Landscape Conservation Coopera18 tives report is received by the Committees on Appropria19 tions of the House of Representatives and the Senate in ac20 cordance with the explanatory statement described in sec21 tion 4 (in the matter preceding division A of this consoli22 dated Act). 

23 CONSTRUCTION

24 For construction, improvement, acquisition, or re25 moval of buildings and other facilities required in the con-
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1 servation, management, investigation, protection, and utili2 zation of fish and wildlife resources, and the acquisition 

3 of lands and interests therein; $29,704,000, to remain avail4 able until expended. 

5 LAND ACQUISITION

6 (INCLUDING RESCISSION OF FUNDS)

7 For expenses necessary to carry out chapter 2003 of 

8 title 54, United States Code, including administrative ex9 penses, and for acquisition of land or waters, or interest 

10 therein, in accordance with statutory authority applicable 

11 to the United States Fish and Wildlife Service, $70,715,000, 

12 to be derived from the Land and Water Conservation Fund 

13 and to remain available until expended, of which, not more 

14 than $10,000,000 shall be for land conservation partner15 ships authorized by the Highlands Conservation Act of 

16 2004, including not to exceed $320,000 for administrative 

17 expenses: Provided, That none of the funds appropriated for 

18 specific land acquisition projects may be used to pay for 

19 any administrative overhead, planning or other manage20 ment costs. 

21 Of the unobligated balances from amounts made avail22 able for the Fish and Wildlife Service and derived from the 

23 Land and Water Conservation Fund, $3,628,000 is hereby 

24 permanently rescinded from projects with cost savings or 

25 failed or partially failed projects: Provided further, That 
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•HR 1865 EAH 

1 no amounts may be rescinded from amounts that were des2 ignated by the Congress as an emergency requirement pur3 suant to the Concurrent Resolution on the Budget or the 

4 Balanced Budget and Emergency Deficit Control Act of 

5 1985. 

6 COOPERATIVE ENDANGERED SPECIES CONSERVATION FUND

7 (INCLUDING RESCISSION OF FUNDS)

8 For expenses necessary to carry out section 6 of the 

9 Endangered Species Act of 1973 (16 U.S.C. 1535), 

10 $54,502,000, to remain available until expended, of which 

11 $23,702,000 is to be derived from the Cooperative Endan12 gered Species Conservation Fund; and of which $30,800,000 

13 is to be derived from the Land and Water Conservation 

14 Fund. 

15 Of the unobligated balances made available from the 

16 Cooperative Endangered Species Conservation Fund, 

17 $18,771,000 is permanently rescinded from projects or from 

18 other grant programs with an unobligated carry over bal19 ance: Provided, That no amounts may be rescinded from 

20 amounts that were designated by the Congress as an emer21 gency requirement pursuant to the Concurrent Resolution 

22 on the Budget or the Balanced Budget and Emergency Def23 icit Control Act of 1985. 
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•HR 1865 EAH 

1 NATIONAL WILDLIFE REFUGE FUND

2 For expenses necessary to implement the Act of October 

3 17, 1978 (16 U.S.C. 715s), $13,228,000. 

4 NORTH AMERICAN WETLANDS CONSERVATION FUND

5 For expenses necessary to carry out the provisions of 

6 the North American Wetlands Conservation Act (16 U.S.C. 

7 4401 et seq.), $46,000,000, to remain available until ex8 pended. 

9 NEOTROPICAL MIGRATORY BIRD CONSERVATION

10 For expenses necessary to carry out the Neotropical 

11 Migratory Bird Conservation Act (16 U.S.C. 6101 et seq.), 

12 $4,910,000, to remain available until expended. 

13 MULTINATIONAL SPECIES CONSERVATION FUND

14 For expenses necessary to carry out the African Ele15 phant Conservation Act (16 U.S.C. 4201 et seq.), the Asian 

16 Elephant Conservation Act of 1997 (16 U.S.C. 4261 et seq.), 

17 the Rhinoceros and Tiger Conservation Act of 1994 (16 

18 U.S.C. 5301 et seq.), the Great Ape Conservation Act of 

19 2000 (16 U.S.C. 6301 et seq.), and the Marine Turtle Con20 servation Act of 2004 (16 U.S.C. 6601 et seq.), $15,000,000, 

21 to remain available until expended. 

22 STATE AND TRIBAL WILDLIFE GRANTS

23 For wildlife conservation grants to States and to the 

24 District of Columbia, Puerto Rico, Guam, the United States 

25 Virgin Islands, the Northern Mariana Islands, American 
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•HR 1865 EAH 

1 Samoa, and Indian tribes under the provisions of the Fish 

2 and Wildlife Act of 1956 and the Fish and Wildlife Coordi3 nation Act, for the development and implementation of pro4 grams for the benefit of wildlife and their habitat, including 

5 species that are not hunted or fished, $67,571,000, to re6 main available until expended: Provided, That of the 

7 amount provided herein, $5,209,000 is for a competitive 

8 grant program for Indian tribes not subject to the remain9 ing provisions of this appropriation: Provided further, That 

10 $7,362,000 is for a competitive grant program to implement 

11 approved plans for States, territories, and other jurisdic12 tions and at the discretion of affected States, the regional 

13 Associations of fish and wildlife agencies, not subject to the 

14 remaining provisions of this appropriation: Provided fur15 ther, That the Secretary shall, after deducting $12,571,000 

16 and administrative expenses, apportion the amount pro17 vided herein in the following manner: (1) to the District 

18 of Columbia and to the Commonwealth of Puerto Rico, each 

19 a sum equal to not more than one-half of 1 percent thereof; 

20 and (2) to Guam, American Samoa, the United States Vir21 gin Islands, and the Commonwealth of the Northern Mar22 iana Islands, each a sum equal to not more than one-fourth 

23 of 1 percent thereof: Provided further, That the Secretary 

24 shall apportion the remaining amount in the following 

25 manner: (1) one-third of which is based on the ratio to 
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•HR 1865 EAH 

1 which the land area of such State bears to the total land 

2 area of all such States; and (2) two-thirds of which is based 

3 on the ratio to which the population of such State bears 

4 to the total population of all such States: Provided further, 

5 That the amounts apportioned under this paragraph shall 

6 be adjusted equitably so that no State shall be apportioned 

7 a sum which is less than 1 percent of the amount available 

8 for apportionment under this paragraph for any fiscal year 

9 or more than 5 percent of such amount: Provided further, 

10 That the Federal share of planning grants shall not exceed 

11 75 percent of the total costs of such projects and the Federal 

12 share of implementation grants shall not exceed 65 percent 

13 of the total costs of such projects: Provided further, That 

14 the non-Federal share of such projects may not be derived 

15 from Federal grant programs: Provided further, That any 

16 amount apportioned in 2020 to any State, territory, or 

17 other jurisdiction that remains unobligated as of September 

18 30, 2021, shall be reapportioned, together with funds appro19 priated in 2022, in the manner provided herein. 

20 ADMINISTRATIVE PROVISIONS

21 The United States Fish and Wildlife Service may 

22 carry out the operations of Service programs by direct ex23 penditure, contracts, grants, cooperative agreements and re24 imbursable agreements with public and private entities. Ap25 propriations and funds available to the United States Fish 
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•HR 1865 EAH 

1 and Wildlife Service shall be available for repair of damage 

2 to public roads within and adjacent to reservation areas 

3 caused by operations of the Service; options for the purchase 

4 of land at not to exceed $1 for each option; facilities inci5 dent to such public recreational uses on conservation areas 

6 as are consistent with their primary purpose; and the 

7 maintenance and improvement of aquaria, buildings, and 

8 other facilities under the jurisdiction of the Service and to 

9 which the United States has title, and which are used pur10 suant to law in connection with management, and inves11 tigation of fish and wildlife resources: Provided, That not12 withstanding 44 U.S.C. 501, the Service may, under cooper13 ative cost sharing and partnership arrangements author14 ized by law, procure printing services from cooperators in 

15 connection with jointly produced publications for which the 

16 cooperators share at least one-half the cost of printing either 

17 in cash or services and the Service determines the coop18 erator is capable of meeting accepted quality standards: 

19 Provided further, That the Service may accept donated air20 craft as replacements for existing aircraft: Provided further, 

21 That notwithstanding 31 U.S.C. 3302, all fees collected for 

22 non-toxic shot review and approval shall be deposited under 

23 the heading ‘‘United States Fish and Wildlife Service—Re24 source Management’’ and shall be available to the Sec25 retary, without further appropriation, to be used for ex-
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•HR 1865 EAH 

1 penses of processing of such non-toxic shot type or coating 

2 applications and revising regulations as necessary, and 

3 shall remain available until expended. 

4 NATIONAL PARK SERVICE

5 OPERATION OF THE NATIONAL PARK SYSTEM

6 For expenses necessary for the management, operation, 

7 and maintenance of areas and facilities administered by 

8 the National Park Service and for the general administra9 tion of the National Park Service, $2,576,992,000, of which 

10 $10,282,000 for planning and interagency coordination in 

11 support of Everglades restoration and $135,950,000 for 

12 maintenance, repair, or rehabilitation projects for con13 structed assets and $153,575,000 for cyclic maintenance 

14 projects for constructed assets and cultural resources and 

15 $5,000,000 for uses authorized by section 101122 of title 

16 54, United States Code shall remain available until Sep17 tember 30, 2021: Provided, That funds appropriated under 

18 this heading in this Act are available for the purposes of 

19 section 5 of Public Law 95–348: Provided further, That not20 withstanding section 9(a) of the United States 

21 Semiquincentennial Commission Act of 2016 (Public Law 

22 114–196; 130 Stat. 691), $3,300,000 of the funds made 

23 available under this heading shall be provided to the organi24 zation selected under section 9(b) of that Act for expenditure 

25 by the United States Semiquincentennial Commission in 
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1 accordance with that Act: Provided further, That notwith2 standing section 9 of the 400 Years of African-American 

3 History Commission Act (36 U.S.C. note prec. 101; Public 

4 Law 115–102), $3,300,000 of the funds provided under this 

5 heading shall be made available for the purposes specified 

6 by that Act: Provided further, That sections (7)(b) and (8) 

7 of that Act shall be amended by striking ‘‘July 1, 2020’’ 

8 and inserting ‘‘July 1, 2021’’. 

9 NATIONAL RECREATION AND PRESERVATION

10 For expenses necessary to carry out recreation pro11 grams, natural programs, cultural programs, heritage part12 nership programs, environmental compliance and review, 

13 international park affairs, and grant administration, not 

14 otherwise provided for, $71,166,000. 

15 HISTORIC PRESERVATION FUND

16 For expenses necessary in carrying out the National 

17 Historic Preservation Act (division A of subtitle III of title 

18 54, United States Code), $118,660,000, to be derived from 

19 the Historic Preservation Fund and to remain available 

20 until September 30, 2021, of which $16,000,000 shall be for 

21 Save America’s Treasures grants for preservation of na22 tional significant sites, structures and artifacts as author23 ized by section 7303 of the Omnibus Public Land Manage24 ment Act of 2009 (54 U.S.C. 3089): Provided, That an indi25 vidual Save America’s Treasures grant shall be matched by 
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•HR 1865 EAH 

1 non-Federal funds: Provided further, That individual 

2 projects shall only be eligible for one grant: Provided fur3 ther, That all projects to be funded shall be approved by 

4 the Secretary of the Interior in consultation with the House 

5 and Senate Committees on Appropriations: Provided fur6 ther, That of the funds provided for the Historic Preserva7 tion Fund, $750,000 is for competitive grants for the survey 

8 and nomination of properties to the National Register of 

9 Historic Places and as National Historic Landmarks asso10 ciated with communities currently under-represented, as de11 termined by the Secretary, $18,750,000 is for competitive 

12 grants to preserve the sites and stories of the Civil Rights 

13 movement, $10,000,000 is for grants to Historically Black 

14 Colleges and Universities, and $7,500,000 is for competitive 

15 grants for the restoration of historic properties of national, 

16 State and local significance listed on or eligible for inclu17 sion on the National Register of Historic Places, to be made 

18 without imposing the usage or direct grant restrictions of 

19 section 101(e)(3) (54 U.S.C. 302904) of the National His20 torical Preservation Act: Provided further, That such com21 petitive grants shall be made without imposing the match22 ing requirements in section 302902(b)(3) of title 54, United 

23 States Code, to States and Indian tribes as defined in chap24 ter 3003 of such title, Native Hawaiian organizations, local 
376 

•HR 1865 EAH 

1 governments, including Certified Local Governments, and 

2 non-profit organizations. 

3 CONSTRUCTION

4 For construction, improvements, repair, or replace5 ment of physical facilities, and compliance and planning 

6 for programs and areas administered by the National Park 

7 Service, $389,345,000, to remain available until expended: 

8 Provided, That notwithstanding any other provision of law, 

9 for any project initially funded in fiscal year 2020 with 

10 a future phase indicated in the National Park Service 5- 

11 Year Line Item Construction Plan, a single procurement 

12 may be issued which includes the full scope of the project: 

13 Provided further, That the solicitation and contract shall 

14 contain the clause availability of funds found at 48 CFR 

15 52.232–18: Provided further, That National Park Service 

16 Donations, Park Concessions Franchise Fees, and Recre17 ation Fees may be made available for the cost of adjust18 ments and changes within the original scope of effort for 

19 projects funded by the National Park Service Construction 

20 appropriation: Provided further, That the Secretary of the 

21 Interior shall consult with the Committees on Appropria22 tions, in accordance with current reprogramming thresh23 olds, prior to making any charges authorized by this sec24 tion. 
377 

•HR 1865 EAH 

1 LAND ACQUISITION AND STATE ASSISTANCE

2 (INCLUDING RESCISSION OF FUNDS)

3 For expenses necessary to carry out chapter 2003 of 

4 title 54, United States Code, including administrative ex5 penses, and for acquisition of lands or waters, or interest 

6 therein, in accordance with the statutory authority applica7 ble to the National Park Service, $208,400,000, to be de8 rived from the Land and Water Conservation Fund and 

9 to remain available until expended, of which $140,000,000 

10 is for the State assistance program and of which 

11 $13,000,000 shall be for the American Battlefield Protection 

12 Program grants as authorized by chapter 3081 of title 54, 

13 United States Code. 

14 Of the unobligated balances from amounts made avail15 able for the National Park Service and derived from the 

16 Land and Water Conservation Fund, $2,279,000 is hereby 

17 permanently rescinded from projects or from other grant 

18 programs with an unobligated carry over balance: Pro19 vided, That no amounts may be rescinded from amounts 

20 that were designed by the Congress as an emergency require21 ment pursuant to the Concurrent Resolution on the Budget 

22 or the Balanced Budget and Emergency Deficit Control Act 

23 of 1985. 
378 

•HR 1865 EAH 

1 CENTENNIAL CHALLENGE

2 For expenses necessary to carry out the provisions of 

3 section 101701 of title 54, United States Code, relating to 

4 challenge cost share agreements, $15,000,000, to remain 

5 available until expended, for Centennial Challenge projects 

6 and programs: Provided, That not less than 50 percent of 

7 the total cost of each project or program shall be derived 

8 from non-Federal sources in the form of donated cash, as9 sets, or a pledge of donation guaranteed by an irrevocable 

10 letter of credit. 

11 ADMINISTRATIVE PROVISIONS

12 (INCLUDING TRANSFER OF FUNDS)

13 In addition to other uses set forth in section 

14 101917(c)(2) of title 54, United States Code, franchise fees 

15 credited to a sub-account shall be available for expenditure 

16 by the Secretary, without further appropriation, for use at 

17 any unit within the National Park System to extinguish 

18 or reduce liability for Possessory Interest or leasehold sur19 render interest. Such funds may only be used for this pur20 pose to the extent that the benefitting unit anticipated fran21 chise fee receipts over the term of the contract at that unit 

22 exceed the amount of funds used to extinguish or reduce li23 ability. Franchise fees at the benefitting unit shall be cred24 ited to the sub-account of the originating unit over a period 

25 not to exceed the term of a single contract at the benefitting 
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•HR 1865 EAH 

1 unit, in the amount of funds so expended to extinguish or 

2 reduce liability. 

3 For the costs of administration of the Land and Water 

4 Conservation Fund grants authorized by section 

5 105(a)(2)(B) of the Gulf of Mexico Energy Security Act of 

6 2006 (Public Law 109–432), the National Park Service 

7 may retain up to 3 percent of the amounts which are au8 thorized to be disbursed under such section, such retained 

9 amounts to remain available until expended. 

10 National Park Service funds may be transferred to the 

11 Federal Highway Administration (FHWA), Department of 

12 Transportation, for purposes authorized under 23 U.S.C. 

13 203. Transfers may include a reasonable amount for 

14 FHWA administrative support costs. 

15 UNITED STATES GEOLOGICAL SURVEY

16 SURVEYS, INVESTIGATIONS, AND RESEARCH

17 For expenses necessary for the United States Geological 

18 Survey to perform surveys, investigations, and research cov19 ering topography, geology, hydrology, biology, and the min20 eral and water resources of the United States, its territories 

21 and possessions, and other areas as authorized by 43 U.S.C. 

22 31, 1332, and 1340; classify lands as to their mineral and 

23 water resources; give engineering supervision to power per24 mittees and Federal Energy Regulatory Commission licens25 ees; administer the minerals exploration program (30 
380 

•HR 1865 EAH 

1 U.S.C. 641); conduct inquiries into the economic conditions 

2 affecting mining and materials processing industries (30 

3 U.S.C. 3, 21a, and 1603; 50 U.S.C. 98g(1)) and related 

4 purposes as authorized by law; and to publish and dissemi5 nate data relative to the foregoing activities; 

6 $1,270,957,000, to remain available until September 30, 

7 2021; of which $84,337,000 shall remain available until ex8 pended for satellite operations; and of which $76,164,000 

9 shall be available until expended for deferred maintenance 

10 and capital improvement projects that exceed $100,000 in 

11 cost: Provided, That none of the funds provided for the eco12 system research activity shall be used to conduct new sur13 veys on private property, unless specifically authorized in 

14 writing by the property owner: Provided further, That no 

15 part of this appropriation shall be used to pay more than 

16 one-half the cost of topographic mapping or water resources 

17 data collection and investigations carried on in cooperation 

18 with States and municipalities. 

19 ADMINISTRATIVE PROVISIONS

20 From within the amount appropriated for activities 

21 of the United States Geological Survey such sums as are 

22 necessary shall be available for contracting for the fur23 nishing of topographic maps and for the making of geo24 physical or other specialized surveys when it is administra25 tively determined that such procedures are in the public in-
381 

•HR 1865 EAH 

1 terest; construction and maintenance of necessary buildings 

2 and appurtenant facilities; acquisition of lands for gauging 

3 stations, observation wells, and seismic equipment; expenses 

4 of the United States National Committee for Geological 

5 Sciences; and payment of compensation and expenses of 

6 persons employed by the Survey duly appointed to represent 

7 the United States in the negotiation and administration 

8 of interstate compacts: Provided, That activities funded by 

9 appropriations herein made may be accomplished through 

10 the use of contracts, grants, or cooperative agreements as 

11 defined in section 6302 of title 31, United States Code: Pro12 vided further, That the United States Geological Survey 

13 may enter into contracts or cooperative agreements directly 

14 with individuals or indirectly with institutions or non15 profit organizations, without regard to 41 U.S.C. 6101, for 

16 the temporary or intermittent services of students or recent 

17 graduates, who shall be considered employees for the pur18 pose of chapters 57 and 81 of title 5, United States Code, 

19 relating to compensation for travel and work injuries, and 

20 chapter 171 of title 28, United States Code, relating to tort 

21 claims, but shall not be considered to be Federal employees 

22 for any other purposes. 
382 

•HR 1865 EAH 

1 BUREAU OF OCEAN ENERGY MANAGEMENT

2 OCEAN ENERGY MANAGEMENT

3 For expenses necessary for granting and administering 

4 leases, easements, rights-of-way and agreements for use for 

5 oil and gas, other minerals, energy, and marine-related 

6 purposes on the Outer Continental Shelf and approving op7 erations related thereto, as authorized by law; for environ8 mental studies, as authorized by law; for implementing 

9 other laws and to the extent provided by Presidential or 

10 Secretarial delegation; and for matching grants or coopera11 tive agreements, $191,611,000, of which $131,611,000 is to 

12 remain available until September 30, 2021, and of which 

13 $60,000,000 is to remain available until expended: Pro14 vided, That this total appropriation shall be reduced by 

15 amounts collected by the Secretary and credited to this ap16 propriation from additions to receipts resulting from in17 creases to lease rental rates in effect on August 5, 1993, 

18 and from cost recovery fees from activities conducted by the 

19 Bureau of Ocean Energy Management pursuant to the 

20 Outer Continental Shelf Lands Act, including studies, as21 sessments, analysis, and miscellaneous administrative ac22 tivities: Provided further, That the sum herein appropriated 

23 shall be reduced as such collections are received during the 

24 fiscal year, so as to result in a final fiscal year 2020 appro25 priation estimated at not more than $131,611,000: Pro-
383 

•HR 1865 EAH 

1 vided further, That not to exceed $3,000 shall be available 

2 for reasonable expenses related to promoting volunteer beach 

3 and marine cleanup activities. 

4 BUREAU OF SAFETY AND ENVIRONMENTAL ENFORCEMENT

5 OFFSHORE SAFETY AND ENVIRONMENTAL ENFORCEMENT

6 (INCLUDING RESCISSION OF FUNDS)

7 For expenses necessary for the regulation of operations 

8 related to leases, easements, rights-of-way and agreements 

9 for use for oil and gas, other minerals, energy, and marine10 related purposes on the Outer Continental Shelf, as author11 ized by law; for enforcing and implementing laws and regu12 lations as authorized by law and to the extent provided by 

13 Presidential or Secretarial delegation; and for matching 

14 grants or cooperative agreements, $149,333,000, of which 

15 $123,333,000 is to remain available until September 30, 

16 2021, and of which $26,000,000 is to remain available until 

17 expended: Provided, That this total appropriation shall be 

18 reduced by amounts collected by the Secretary and credited 

19 to this appropriation from additions to receipts resulting 

20 from increases to lease rental rates in effect on August 5, 

21 1993, and from cost recovery fees from activities conducted 

22 by the Bureau of Safety and Environmental Enforcement 

23 pursuant to the Outer Continental Shelf Lands Act, includ24 ing studies, assessments, analysis, and miscellaneous ad25 ministrative activities: Provided further, That the sum 
384 

•HR 1865 EAH 

1 herein appropriated shall be reduced as such collections are 

2 received during the fiscal year, so as to result in a final 

3 fiscal year 2020 appropriation estimated at not more than 

4 $123,333,000: Provided further, That of the unobligated bal5 ances from amounts made available under this heading 

6 $4,788,000 is permanently rescinded: Provided further, 

7 That no amounts may be rescinded from amounts that were 

8 designated by the Congress as an emergency requirement 

9 pursuant to the Concurrent Resolution on the Budget or 

10 the Balanced Budget and Emergency Deficit Control Act 

11 of 1985. 

12 For an additional amount, $43,479,000, to remain 

13 available until expended, to be reduced by amounts collected 

14 by the Secretary and credited to this appropriation, which 

15 shall be derived from non-refundable inspection fees col16 lected in fiscal year 2020, as provided in this Act: Provided, 

17 That to the extent that amounts realized from such inspec18 tion fees exceed $43,479,000, the amounts realized in excess 

19 of $43,479,000 shall be credited to this appropriation and 

20 remain available until expended: Provided further, That for 

21 fiscal year 2020, not less than 50 percent of the inspection 

22 fees expended by the Bureau of Safety and Environmental 

23 Enforcement will be used to fund personnel and mission24 related costs to expand capacity and expedite the orderly 

25 development, subject to environmental safeguards, of the 
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•HR 1865 EAH 

1 Outer Continental Shelf pursuant to the Outer Continental 

2 Shelf Lands Act (43 U.S.C. 1331 et seq.), including the re3 view of applications for permits to drill. 

4 OIL SPILL RESEARCH

5 For necessary expenses to carry out title I, section 

6 1016, title IV, sections 4202 and 4303, title VII, and title 

7 VIII, section 8201 of the Oil Pollution Act of 1990, 

8 $14,899,000, which shall be derived from the Oil Spill Li9 ability Trust Fund, to remain available until expended. 

10 OFFICE OF SURFACE MINING RECLAMATION AND

11 ENFORCEMENT

12 REGULATION AND TECHNOLOGY

13 For necessary expenses to carry out the provisions of 

14 the Surface Mining Control and Reclamation Act of 1977, 

15 Public Law 95–87, $117,768,000, to remain available until 

16 September 30, 2021: Provided, That appropriations for the 

17 Office of Surface Mining Reclamation and Enforcement 

18 may provide for the travel and per diem expenses of State 

19 and tribal personnel attending Office of Surface Mining 

20 Reclamation and Enforcement sponsored training. 

21 In addition, for costs to review, administer, and en22 force permits issued by the Office pursuant to section 507 

23 of Public Law 95–87 (30 U.S.C. 1257), $40,000, to remain 

24 available until expended: Provided, That fees assessed and 

25 collected by the Office pursuant to such section 507 shall 
386 

•HR 1865 EAH 

1 be credited to this account as discretionary offsetting collec2 tions, to remain available until expended: Provided further, 

3 That the sum herein appropriated from the general fund 

4 shall be reduced as collections are received during the fiscal 

5 year, so as to result in a fiscal year 2020 appropriation 

6 estimated at not more than $117,768,000. 

7 ABANDONED MINE RECLAMATION FUND

8 For necessary expenses to carry out title IV of the Sur9 face Mining Control and Reclamation Act of 1977, Public 

10 Law 95–87, $24,713,000, to be derived from receipts of the 

11 Abandoned Mine Reclamation Fund and to remain avail12 able until expended: Provided, That pursuant to Public 

13 Law 97–365, the Department of the Interior is authorized 

14 to use up to 20 percent from the recovery of the delinquent 

15 debt owed to the United States Government to pay for con16 tracts to collect these debts: Provided further, That funds 

17 made available under title IV of Public Law 95–87 may 

18 be used for any required non-Federal share of the cost of 

19 projects funded by the Federal Government for the purpose 

20 of environmental restoration related to treatment or abate21 ment of acid mine drainage from abandoned mines: Pro22 vided further, That such projects must be consistent with 

23 the purposes and priorities of the Surface Mining Control 

24 and Reclamation Act: Provided further, That amounts pro25 vided under this heading may be used for the travel and 
387 

•HR 1865 EAH 

1 per diem expenses of State and tribal personnel attending 

2 Office of Surface Mining Reclamation and Enforcement 

3 sponsored training. 

4 In addition, $115,000,000, to remain available until 

5 expended, for grants to States and federally recognized In6 dian Tribes for reclamation of abandoned mine lands and 

7 other related activities in accordance with the terms and 

8 conditions described in the explanatory statement described 

9 in section 4 (in the matter preceding division A of this con10 solidated Act): Provided, That such additional amount shall 

11 be used for economic and community development in con12 junction with the priorities in section 403(a) of the Surface 

13 Mining Control and Reclamation Act of 1977 (30 U.S.C. 

14 1233(a)): Provided further, That of such additional 

15 amount, $75,000,000 shall be distributed in equal amounts 

16 to the 3 Appalachian States with the greatest amount of 

17 unfunded needs to meet the priorities described in para18 graphs (1) and (2) of such section, $30,000,000 shall be dis19 tributed in equal amounts to the 3 Appalachian States with 

20 the subsequent greatest amount of unfunded needs to meet 

21 such priorities, and $10,000,000 shall be for grants to feder22 ally recognized Indian Tribes without regard to their status 

23 as certified or uncertified under the Surface Mining Control 

24 and Reclamation Act of 1977 (30 U.S.C. 1233(a)), for rec25 lamation of abandoned mine lands and other related activi-
388 

•HR 1865 EAH 

1 ties in accordance with the terms and conditions described 

2 in the explanatory statement described in section 4 (in the 

3 matter preceding division A of this consolidated Act) and 

4 shall be used for economic and community development in 

5 conjunction with the priorities in section 403(a) of the Sur6 face Mining Control and Reclamation Act of 1977: Pro7 vided further, That such additional amount shall be allo8 cated to States and Indian Tribes within 60 days after the 

9 date of enactment of this Act. 

10 INDIAN AFFAIRS

11 BUREAU OF INDIAN AFFAIRS

12 OPERATION OF INDIAN PROGRAMS

13 (INCLUDING TRANSFERS OF FUNDS)

14 For expenses necessary for the operation of Indian pro15 grams, as authorized by law, including the Snyder Act of 

16 November 2, 1921 (25 U.S.C. 13), the Indian Self-Deter17 mination and Education Assistance Act of 1975 (25 U.S.C. 

18 5301 et seq.), $1,577,110,000, to remain available until 

19 September 30, 2021, except as otherwise provided herein; 

20 of which not to exceed $8,500 may be for official reception 

21 and representation expenses; of which not to exceed 

22 $74,734,000 shall be for welfare assistance payments: Pro23 vided, That in cases of designated Federal disasters, the Sec24 retary may exceed such cap for welfare payments from the 

25 amounts provided herein, to provide for disaster relief to 
389 

•HR 1865 EAH 

1 Indian communities affected by the disaster: Provided fur2 ther, That federally recognized Indian tribes and tribal or3 ganizations of federally recognized Indian tribes may use 

4 their tribal priority allocations for unmet welfare assistance 

5 costs: Provided further, That not to exceed $57,424,000 shall 

6 remain available until expended for housing improvement, 

7 road maintenance, attorney fees, litigation support, land 

8 records improvement, and the Navajo-Hopi Settlement Pro9 gram: Provided further, That any forestry funds allocated 

10 to a federally recognized tribe which remain unobligated as 

11 of September 30, 2021, may be transferred during fiscal 

12 year 2022 to an Indian forest land assistance account estab13 lished for the benefit of the holder of the funds within the 

14 holder’s trust fund account: Provided further, That any 

15 such unobligated balances not so transferred shall expire on 

16 September 30, 2022: Provided further, That in order to en17 hance the safety of Bureau field employees, the Bureau may 

18 use funds to purchase uniforms or other identifying articles 

19 of clothing for personnel: Provided further, That the Bureau 

20 of Indian Affairs may accept transfers of funds from United 

21 States Customs and Border Protection to supplement any 

22 other funding available for reconstruction or repair of roads 

23 owned by the Bureau of Indian Affairs as identified on the 

24 National Tribal Transportation Facility Inventory, 23 

25 U.S.C. 202(b)(1). 
390 

•HR 1865 EAH 

1 CONTRACT SUPPORT COSTS

2 For payments to tribes and tribal organizations for 

3 contract support costs associated with Indian Self-Deter4 mination and Education Assistance Act agreements with 

5 the Bureau of Indian Affairs and the Bureau of Indian 

6 Education for fiscal year 2020, such sums as may be nec7 essary, which shall be available for obligation through Sep8 tember 30, 2021: Provided, That notwithstanding any other 

9 provision of law, no amounts made available under this 

10 heading shall be available for transfer to another budget ac11 count. 

12 CONSTRUCTION

13 (INCLUDING TRANSFERS AND RESCISSION OF FUNDS)

14 For construction, repair, improvement, and mainte15 nance of irrigation and power systems, buildings, utilities, 

16 and other facilities, including architectural and engineering 

17 services by contract; acquisition of lands, and interests in 

18 lands; and preparation of lands for farming, and for con19 struction of the Navajo Indian Irrigation Project pursuant 

20 to Public Law 87–483; $128,591,000, to remain available 

21 until expended: Provided, That such amounts as may be 

22 available for the construction of the Navajo Indian Irriga23 tion Project may be transferred to the Bureau of Reclama24 tion: Provided further, That any funds provided for the 

25 Safety of Dams program pursuant to the Act of November 
391 

•HR 1865 EAH 

1 2, 1921 (25 U.S.C. 13), shall be made available on a nonre2 imbursable basis: Provided further, That this appropriation 

3 may be reimbursed from the Office of the Special Trustee 

4 for American Indians appropriation for the appropriate 

5 share of construction costs for space expansion needed in 

6 agency offices to meet trust reform implementation: Pro7 vided further, That of the funds made available under this 

8 heading, $10,000,000 shall be derived from the Indian Irri9 gation Fund established by section 3211 of the WIIN Act 

10 (Public Law 114–322; 130 Stat. 1749). 

11 Of the unobligated balances made available for the 

12 ‘‘Construction, Resources Management’’ account, 

13 $2,000,000 is permanently rescinded: Provided, That no 

14 amounts may be rescinded from amounts that were des15 ignated by the Congress as an emergency requirement pur16 suant to the Concurrent Resolution on the Budget or the 

17 Balanced Budget and Emergency Deficit Control Act of 

18 1985. 

19 INDIAN LAND AND WATER CLAIM SETTLEMENTS AND

20 MISCELLANEOUS PAYMENTS TO INDIANS

21 For payments and necessary administrative expenses 

22 for implementation of Indian land and water claim settle23 ments pursuant to Public Laws 99–264, 100–580, 101–618, 

24 111–11, 111–291, and 114–322, and for implementation of 
392 

•HR 1865 EAH 

1 other land and water rights settlements, $45,644,000, to re2 main available until expended. 

3 INDIAN GUARANTEED LOAN PROGRAM ACCOUNT

4 For the cost of guaranteed loans and insured loans, 

5 $11,779,000, of which $1,590,000 is for administrative ex6 penses, as authorized by the Indian Financing Act of 1974: 

7 Provided, That such costs, including the cost of modifying 

8 such loans, shall be as defined in section 502 of the Congres9 sional Budget Act of 1974: Provided further, That these 

10 funds are available to subsidize total loan principal, any 

11 part of which is to be guaranteed or insured, not to exceed 

12 $183,476,740. 

13 BUREAU OF INDIAN EDUCATION

14 OPERATION OF INDIAN EDUCATION PROGRAMS

15 (INCLUDING TRANSFERS OF FUNDS)

16 For expenses necessary for the operation of Indian edu17 cation programs, as authorized by law, including the Sny18 der Act of November 2, 1921 (25 U.S.C. 13), the Indian 

19 Self-Determination and Education Assistance Act of 1975 

20 (25 U.S.C. 5301 et seq.), the Education Amendments of 

21 1978 (25 U.S.C. 2001–2019), and the Tribally Controlled 

22 Schools Act of 1988 (25 U.S.C. 2501 et seq.), $943,077,000, 

23 to remain available until September 30, 2021, except as oth24 erwise provided herein: Provided, That Federally recognized 

25 Indian tribes and tribal organizations of Federally recog-
393 

•HR 1865 EAH 

1 nized Indian tribes may use their tribal priority allocations 

2 for unmet welfare assistance costs: Provided further, That 

3 not to exceed $702,837,000 for school operations costs of Bu4 reau-funded schools and other education programs shall be5 come available on July 1, 2020, and shall remain available 

6 until September 30, 2021: Provided further, That notwith7 standing any other provision of law, including but not lim8 ited to the Indian Self–Determination Act of 1975 (25 

9 U.S.C. 5301 et seq.) and section 1128 of the Education 

10 Amendments of 1978 (25 U.S.C. 2008), not to exceed 

11 $83,407,000 within and only from such amounts made 

12 available for school operations shall be available for admin13 istrative cost grants associated with grants approved prior 

14 to July 1, 2020: Provided further, That in order to enhance 

15 the safety of Bureau field employees, the Bureau may use 

16 funds to purchase uniforms or other identifying articles of 

17 clothing for personnel. 

18 EDUCATION CONSTRUCTION

19 For construction, repair, improvement, and mainte20 nance of buildings, utilities, and other facilities necessary 

21 for the operation of Indian education programs, including 

22 architectural and engineering services by contract; acquisi23 tion of lands, and interests in lands; $248,257,000 to re24 main available until expended: Provided, That in order to 

25 ensure timely completion of construction projects, the Sec-
394 

•HR 1865 EAH 

1 retary may assume control of a project and all funds related 

2 to the project, if, not later than 18 months after the date 

3 of the enactment of this Act, any Public Law 100–297 (25 

4 U.S.C. 2501, et seq.) grantee receiving funds appropriated 

5 in this Act or in any prior Act, has not completed the plan6 ning and design phase of the project and commenced con7 struction. 

8 ADMINISTRATIVE PROVISIONS

9 (INCLUDING TRANSFERS OF FUNDS)

10 The Bureau of Indian Affairs and the Bureau of In11 dian Education may carry out the operation of Indian pro12 grams by direct expenditure, contracts, cooperative agree13 ments, compacts, and grants, either directly or in coopera14 tion with States and other organizations. 

15 Notwithstanding Public Law 87–279 (25 U.S.C. 15), 

16 the Bureau of Indian Affairs may contract for services in 

17 support of the management, operation, and maintenance of 

18 the Power Division of the San Carlos Irrigation Project. 

19 Notwithstanding any other provision of law, no funds 

20 available to the Bureau of Indian Affairs or the Bureau 

21 of Indian Education for central office oversight and Execu22 tive Direction and Administrative Services (except execu23 tive direction and administrative services funding for Trib24 al Priority Allocations, regional offices, and facilities oper25 ations and maintenance) shall be available for contracts, 
395 

•HR 1865 EAH 

1 grants, compacts, or cooperative agreements with the Bu2 reau of Indian Affairs or the Bureau of Indian Education 

3 under the provisions of the Indian Self-Determination Act 

4 or the Tribal Self-Governance Act of 1994 (Public Law 

5 103–413). 

6 In the event any tribe returns appropriations made 

7 available by this Act to the Bureau of Indian Affairs or 

8 the Bureau of Indian Education, this action shall not di9 minish the Federal Government’s trust responsibility to 

10 that tribe, or the government-to-government relationship be11 tween the United States and that tribe, or that tribe’s abil12 ity to access future appropriations. 

13 Notwithstanding any other provision of law, no funds 

14 available to the Bureau of Indian Education, other than 

15 the amounts provided herein for assistance to public schools 

16 under 25 U.S.C. 452 et seq., shall be available to support 

17 the operation of any elementary or secondary school in the 

18 State of Alaska. 

19 No funds available to the Bureau of Indian Education 

20 shall be used to support expanded grades for any school or 

21 dormitory beyond the grade structure in place or approved 

22 by the Secretary of the Interior at each school in the Bureau 

23 of Indian Education school system as of October 1, 1995, 

24 except that the Secretary of the Interior may waive this 

25 prohibition to support expansion of up to one additional 
396 

•HR 1865 EAH 

1 grade when the Secretary determines such waiver is needed 

2 to support accomplishment of the mission of the Bureau of 

3 Indian Education, or more than one grade to expand the 

4 elementary grade structure for Bureau-funded schools with 

5 a K–2 grade structure on October 1, 1996. Appropriations 

6 made available in this or any prior Act for schools funded 

7 by the Bureau shall be available, in accordance with the 

8 Bureau’s funding formula, only to the schools in the Bureau 

9 school system as of September 1, 1996, and to any school 

10 or school program that was reinstated in fiscal year 2012. 

11 Funds made available under this Act may not be used to 

12 establish a charter school at a Bureau-funded school (as that 

13 term is defined in section 1141 of the Education Amend14 ments of 1978 (25 U.S.C. 2021)), except that a charter 

15 school that is in existence on the date of the enactment of 

16 this Act and that has operated at a Bureau-funded school 

17 before September 1, 1999, may continue to operate during 

18 that period, but only if the charter school pays to the Bu19 reau a pro rata share of funds to reimburse the Bureau 

20 for the use of the real and personal property (including 

21 buses and vans), the funds of the charter school are kept 

22 separate and apart from Bureau funds, and the Bureau 

23 does not assume any obligation for charter school programs 

24 of the State in which the school is located if the charter 

25 school loses such funding. Employees of Bureau-funded 
397 

•HR 1865 EAH 

1 schools sharing a campus with a charter school and per2 forming functions related to the charter school’s operation 

3 and employees of a charter school shall not be treated as 

4 Federal employees for purposes of chapter 171 of title 28, 

5 United States Code. 

6 Notwithstanding any other provision of law, including 

7 section 113 of title I of appendix C of Public Law 106– 

8 113, if in fiscal year 2003 or 2004 a grantee received indi9 rect and administrative costs pursuant to a distribution 

10 formula based on section 5(f) of Public Law 101–301, the 

11 Secretary shall continue to distribute indirect and adminis12 trative cost funds to such grantee using the section 5(f) dis13 tribution formula. 

14 Funds available under this Act may not be used to 

15 establish satellite locations of schools in the Bureau school 

16 system as of September 1, 1996, except that the Secretary 

17 may waive this prohibition in order for an Indian tribe 

18 to provide language and cultural immersion educational 

19 programs for non-public schools located within the jurisdic20 tional area of the tribal government which exclusively serve 

21 tribal members, do not include grades beyond those cur22 rently served at the existing Bureau-funded school, provide 

23 an educational environment with educator presence and 

24 academic facilities comparable to the Bureau-funded school, 

25 comply with all applicable Tribal, Federal, or State health 
398 

•HR 1865 EAH 

1 and safety standards, and the Americans with Disabilities 

2 Act, and demonstrate the benefits of establishing operations 

3 at a satellite location in lieu of incurring extraordinary 

4 costs, such as for transportation or other impacts to stu5 dents such as those caused by busing students extended dis6 tances: Provided, That no funds available under this Act 

7 may be used to fund operations, maintenance, rehabilita8 tion, construction or other facilities-related costs for such 

9 assets that are not owned by the Bureau: Provided further, 

10 That the term ‘‘satellite school’’ means a school location 

11 physically separated from the existing Bureau school by 

12 more than 50 miles but that forms part of the existing 

13 school in all other respects. 

14 Funds made available for Tribal Priority Allocations 

15 within Operation of Indian Programs and Operation of In16 dian Education Programs may be used to execute requested 

17 adjustments in tribal priority allocations initiated by an 

18 Indian Tribe. 

19 DEPARTMENTAL OFFICES

20 OFFICE OF THE SECRETARY

21 DEPARTMENTAL OPERATIONS

22 (INCLUDING TRANSFER OF FUNDS)

23 For necessary expenses for management of the Depart24 ment of the Interior and for grants and cooperative agree25 ments, as authorized by law, $131,832,000, to remain avail-
399 

•HR 1865 EAH 

1 able until September 30, 2021; of which no less than 

2 $1,000,000 shall be for the hiring of additional personnel 

3 to assist the Department with its compliance responsibil4 ities under 5 U.S.C. 552; of which not to exceed $15,000 

5 may be for official reception and representation expenses; 

6 and of which up to $1,000,000 shall be available for workers 

7 compensation payments and unemployment compensation 

8 payments associated with the orderly closure of the United 

9 States Bureau of Mines; and of which $10,000,000 for the 

10 Appraisal and Valuation Services Office is to be derived 

11 from the Land and Water Conservation Fund and shall re12 main available until expended; and of which $11,061,000 

13 for Indian land, mineral, and resource valuation activities 

14 shall remain available until expended: Provided, That 

15 funds for Indian land, mineral, and resource valuation ac16 tivities may, as needed, be transferred to and merged with 

17 the Bureau of Indian Affairs ‘‘Operation of Indian Pro18 grams’’ and Bureau of Indian Education ‘‘Operation of In19 dian Education Programs’’ accounts and the Office of the 

20 Special Trustee for American Indians ‘‘Federal Trust Pro21 grams’’ account: Provided further, That funds made avail22 able through contracts or grants obligated during fiscal year 

23 2020, as authorized by the Indian Self-Determination Act 

24 of 1975 (25 U.S.C. 5301 et seq.), shall remain available 

25 until expended by the contractor or grantee. 
400 

•HR 1865 EAH 

1 ADMINISTRATIVE PROVISIONS

2 For fiscal year 2020, up to $400,000 of the payments 

3 authorized by chapter 69 of title 31, United States Code, 

4 may be retained for administrative expenses of the Pay5 ments in Lieu of Taxes Program: Provided, That the 

6 amounts provided under this Act specifically for the Pay7 ments in Lieu of Taxes program are the only amounts 

8 available for payments authorized under chapter 69 of title 

9 31, United States Code: Provided further, That in the event 

10 the sums appropriated for any fiscal year for payments 

11 pursuant to this chapter are insufficient to make the full 

12 payments authorized by that chapter to all units of local 

13 government, then the payment to each local government 

14 shall be made proportionally: Provided further, That the 

15 Secretary may make adjustments to payment to individual 

16 units of local government to correct for prior overpayments 

17 or underpayments: Provided further, That no payment shall 

18 be made pursuant to that chapter to otherwise eligible units 

19 of local government if the computed amount of the payment 

20 is less than $100. 

21 INSULAR AFFAIRS

22 ASSISTANCE TO TERRITORIES

23 For expenses necessary for assistance to territories 

24 under the jurisdiction of the Department of the Interior and 

25 other jurisdictions identified in section 104(e) of Public 
401 

•HR 1865 EAH 

1 Law 108–188, $102,881,000, of which: (1) $93,390,000 shall 

2 remain available until expended for territorial assistance, 

3 including general technical assistance, maintenance assist4 ance, disaster assistance, coral reef initiative and natural 

5 resources activities, and brown tree snake control and re6 search; grants to the judiciary in American Samoa for com7 pensation and expenses, as authorized by law (48 U.S.C. 

8 1661(c)); grants to the Government of American Samoa, in 

9 addition to current local revenues, for construction and sup10 port of governmental functions; grants to the Government 

11 of the Virgin Islands, as authorized by law; grants to the 

12 Government of Guam, as authorized by law; and grants to 

13 the Government of the Northern Mariana Islands, as au14 thorized by law (Public Law 94–241; 90 Stat. 272); and 

15 (2) $9,491,000 shall be available until September 30, 2021, 

16 for salaries and expenses of the Office of Insular Affairs: 

17 Provided, That all financial transactions of the territorial 

18 and local governments herein provided for, including such 

19 transactions of all agencies or instrumentalities established 

20 or used by such governments, may be audited by the Gov21 ernment Accountability Office, at its discretion, in accord22 ance with chapter 35 of title 31, United States Code: Pro23 vided further, That Northern Mariana Islands Covenant 

24 grant funding shall be provided according to those terms 

25 of the Agreement of the Special Representatives on Future 
402 

•HR 1865 EAH 

1 United States Financial Assistance for the Northern Mar2 iana Islands approved by Public Law 104–134: Provided 

3 further, That the funds for the program of operations and 

4 maintenance improvement are appropriated to institu5 tionalize routine operations and maintenance improvement 

6 of capital infrastructure with territorial participation and 

7 cost sharing to be determined by the Secretary based on the 

8 grantee’s commitment to timely maintenance of its capital 

9 assets: Provided further, That any appropriation for dis10 aster assistance under this heading in this Act or previous 

11 appropriations Acts may be used as non–Federal matching 

12 funds for the purpose of hazard mitigation grants provided 

13 pursuant to section 404 of the Robert T. Stafford Disaster 

14 Relief and Emergency Assistance Act (42 U.S.C. 5170c). 

15 COMPACT OF FREE ASSOCIATION

16 For grants and necessary expenses, $8,463,000, to re17 main available until expended, as provided for in sections 

18 221(a)(2) and 233 of the Compact of Free Association for 

19 the Republic of Palau; and section 221(a)(2) of the Com20 pacts of Free Association for the Government of the Repub21 lic of the Marshall Islands and the Federated States of Mi22 cronesia, as authorized by Public Law 99–658 and Public 

23 Law 108–188: Provided, That of the funds appropriated 

24 under this heading, $5,000,000 is for deposit into the Com25 pact Trust Fund of the Republic of the Marshall Islands 
403 

•HR 1865 EAH 

1 as compensation authorized by Public Law 108–188 for ad2 verse financial and economic impacts. 

3 ADMINISTRATIVE PROVISIONS

4 (INCLUDING TRANSFER OF FUNDS)

5 At the request of the Governor of Guam, the Secretary 

6 may transfer discretionary funds or mandatory funds pro7 vided under section 104(e) of Public Law 108–188 and Pub8 lic Law 104–134, that are allocated for Guam, to the Sec9 retary of Agriculture for the subsidy cost of direct or guar10 anteed loans, plus not to exceed three percent of the amount 

11 of the subsidy transferred for the cost of loan administra12 tion, for the purposes authorized by the Rural Electrifica13 tion Act of 1936 and section 306(a)(1) of the Consolidated 

14 Farm and Rural Development Act for construction and re15 pair projects in Guam, and such funds shall remain avail16 able until expended: Provided, That such costs, including 

17 the cost of modifying such loans, shall be as defined in sec18 tion 502 of the Congressional Budget Act of 1974: Provided 

19 further, That such loans or loan guarantees may be made 

20 without regard to the population of the area, credit else21 where requirements, and restrictions on the types of eligible 

22 entities under the Rural Electrification Act of 1936 and 

23 section 306(a)(1) of the Consolidated Farm and Rural De24 velopment Act: Provided further, That any funds trans25 ferred to the Secretary of Agriculture shall be in addition 
404 

•HR 1865 EAH 

1 to funds otherwise made available to make or guarantee 

2 loans under such authorities. 

3 OFFICE OF THE SOLICITOR

4 SALARIES AND EXPENSES

5 For necessary expenses of the Office of the Solicitor, 

6 $66,816,000. 

7 OFFICE OF INSPECTOR GENERAL

8 SALARIES AND EXPENSES

9 For necessary expenses of the Office of Inspector Gen10 eral, $55,986,000, to remain available until September 30, 

11 2021. 

12 OFFICE OF THE SPECIAL TRUSTEE FOR AMERICAN

13 INDIANS

14 FEDERAL TRUST PROGRAMS

15 (INCLUDING TRANSFER AND RESCISSION OF FUNDS)

16 For the operation of trust programs for Indians by di17 rect expenditure, contracts, cooperative agreements, com18 pacts, and grants, $111,540,000, to remain available until 

19 expended, of which not to exceed $19,016,000 from this or 

20 any other Act, may be available for historical accounting: 

21 Provided, That funds for trust management improvements 

22 and litigation support may, as needed, be transferred to or 

23 merged with the Bureau of Indian Affairs, ‘‘Operation of 

24 Indian Programs’’ and Bureau of Indian Education, ‘‘Op25 eration of Indian Education Programs’’ accounts; the Office 
405 

•HR 1865 EAH 

1 of the Solicitor, ‘‘Salaries and Expenses’’ account; and the 

2 Office of the Secretary, ‘‘Departmental Operations’’ ac3 count: Provided further, That funds made available through 

4 contracts or grants obligated during fiscal year 2020, as 

5 authorized by the Indian Self-Determination Act of 1975 

6 (25 U.S.C. 5301 et seq.), shall remain available until ex7 pended by the contractor or grantee: Provided further, That 

8 notwithstanding any other provision of law, the Secretary 

9 shall not be required to provide a quarterly statement of 

10 performance for any Indian trust account that has not had 

11 activity for at least 15 months and has a balance of $15 

12 or less: Provided further, That the Secretary shall issue an 

13 annual account statement and maintain a record of any 

14 such accounts and shall permit the balance in each such 

15 account to be withdrawn upon the express written request 

16 of the account holder: Provided further, That not to exceed 

17 $50,000 is available for the Secretary to make payments 

18 to correct administrative errors of either disbursements 

19 from or deposits to Individual Indian Money or Tribal ac20 counts after September 30, 2002: Provided further, That er21 roneous payments that are recovered shall be credited to and 

22 remain available in this account for this purpose: Provided 

23 further, That the Secretary shall not be required to reconcile 

24 Special Deposit Accounts with a balance of less than $500 

25 unless the Office of the Special Trustee receives proof of 
406 

•HR 1865 EAH 

1 ownership from a Special Deposit Accounts claimant: Pro2 vided further, That notwithstanding section 102 of the 

3 American Indian Trust Fund Management Reform Act of 

4 1994 (Public Law 103–412) or any other provision of law, 

5 the Secretary may aggregate the trust accounts of individ6 uals whose whereabouts are unknown for a continuous pe7 riod of at least five years and shall not be required to gen8 erate periodic statements of performance for the individual 

9 accounts: Provided further, That with respect to the eighth 

10 proviso, the Secretary shall continue to maintain sufficient 

11 records to determine the balance of the individual accounts, 

12 including any accrued interest and income, and such funds 

13 shall remain available to the individual account holders. 

14 Of the unobligated balances from amounts made avail15 able for the Office of the Special Trustee for American Indi16 ans, $3,000,000 is permanently rescinded: Provided, That 

17 no amounts may be rescinded from amounts that were des18 ignated by the Congress as an emergency requirement pur19 suant to the Concurrent Resolution on the Budget or the 

20 Balanced Budget and Emergency Deficit Control Act of 

21 1985. 
407 

•HR 1865 EAH 

1 DEPARTMENT-WIDE PROGRAMS

2 WILDLAND FIRE MANAGEMENT

3 (INCLUDING TRANSFERS OF FUNDS)

4 For necessary expenses for fire preparedness, fire sup5 pression operations, fire science and research, emergency re6 habilitation, fuels management activities, and rural fire as7 sistance by the Department of the Interior, $952,338,000, 

8 to remain available until expended, of which not to exceed 

9 $18,427,000 shall be for the renovation or construction of 

10 fire facilities: Provided, That such funds are also available 

11 for repayment of advances to other appropriation accounts 

12 from which funds were previously transferred for such pur13 poses: Provided further, That of the funds provided 

14 $194,000,000 is for fuels management activities: Provided 

15 further, That of the funds provided $20,470,000 is for 

16 burned area rehabilitation: Provided further, That persons 

17 hired pursuant to 43 U.S.C. 1469 may be furnished subsist18 ence and lodging without cost from funds available from 

19 this appropriation: Provided further, That notwithstanding 

20 42 U.S.C. 1856d, sums received by a bureau or office of 

21 the Department of the Interior for fire protection rendered 

22 pursuant to 42 U.S.C. 1856 et seq., protection of United 

23 States property, may be credited to the appropriation from 

24 which funds were expended to provide that protection, and 

25 are available without fiscal year limitation: Provided fur-
408 

•HR 1865 EAH 

1 ther, That using the amounts designated under this title 

2 of this Act, the Secretary of the Interior may enter into 

3 procurement contracts, grants, or cooperative agreements, 

4 for fuels management activities, and for training and moni5 toring associated with such fuels management activities on 

6 Federal land, or on adjacent non-Federal land for activities 

7 that benefit resources on Federal land: Provided further, 

8 That the costs of implementing any cooperative agreement 

9 between the Federal Government and any non-Federal enti10 ty may be shared, as mutually agreed on by the affected 

11 parties: Provided further, That notwithstanding require12 ments of the Competition in Contracting Act, the Secretary, 

13 for purposes of fuels management activities, may obtain 

14 maximum practicable competition among: (1) local private, 

15 nonprofit, or cooperative entities; (2) Youth Conservation 

16 Corps crews, Public Lands Corps (Public Law 109–154), 

17 or related partnerships with State, local, or nonprofit youth 

18 groups; (3) small or micro-businesses; or (4) other entities 

19 that will hire or train locally a significant percentage, de20 fined as 50 percent or more, of the project workforce to com21 plete such contracts: Provided further, That in imple22 menting this section, the Secretary shall develop written 

23 guidance to field units to ensure accountability and con24 sistent application of the authorities provided herein: Pro25 vided further, That funds appropriated under this heading 
409 

•HR 1865 EAH 

1 may be used to reimburse the United States Fish and Wild2 life Service and the National Marine Fisheries Service for 

3 the costs of carrying out their responsibilities under the En4 dangered Species Act of 1973 (16 U.S.C. 1531 et seq.) to 

5 consult and conference, as required by section 7 of such Act, 

6 in connection with wildland fire management activities: 

7 Provided further, That the Secretary of the Interior may 

8 use wildland fire appropriations to enter into leases of real 

9 property with local governments, at or below fair market 

10 value, to construct capitalized improvements for fire facili11 ties on such leased properties, including but not limited to 

12 fire guard stations, retardant stations, and other initial at13 tack and fire support facilities, and to make advance pay14 ments for any such lease or for construction activity associ15 ated with the lease: Provided further, That the Secretary 

16 of the Interior and the Secretary of Agriculture may author17 ize the transfer of funds appropriated for wildland fire 

18 management, in an aggregate amount not to exceed 

19 $50,000,000 between the Departments when such transfers 

20 would facilitate and expedite wildland fire management 

21 programs and projects: Provided further, That funds pro22 vided for wildfire suppression shall be available for support 

23 of Federal emergency response actions: Provided further, 

24 That funds appropriated under this heading shall be avail25 able for assistance to or through the Department of State 
410 

•HR 1865 EAH 

1 in connection with forest and rangeland research, technical 

2 information, and assistance in foreign countries, and, with 

3 the concurrence of the Secretary of State, shall be available 

4 to support forestry, wildland fire management, and related 

5 natural resource activities outside the United States and 

6 its territories and possessions, including technical assist7 ance, education and training, and cooperation with United 

8 States and international organizations: Provided further, 

9 That of the funds provided under this heading $383,657,000 

10 is provided to meet the terms of section 251(b)(2)(F)(ii)(I) 

11 of the Balanced Budget and Emergency Deficit Control Act 

12 of 1985, as amended. 

13 WILDFIRE SUPPRESSION OPERATIONS RESERVE FUND

14 (INCLUDING TRANSFERS OF FUNDS)

15 In addition to the amounts provided under the heading 

16 ‘‘Department of the Interior—Department-Wide Pro17 grams—Wildland Fire Management’’ for wildfire suppres18 sion operations, $300,000,000, to remain available until 

19 transferred, is additional new budget authority as specified 

20 for purposes of section 251(b)(2)(F) of the Balanced Budget 

21 and Emergency Deficit Control Act of 1985: Provided, That 

22 such amounts may be transferred to and merged with 

23 amounts made available under the headings ‘‘Department 

24 of Agriculture—Forest Service—Wildland Fire Manage25 ment’’ and ‘‘Department of the Interior—Department-Wide 
411 

•HR 1865 EAH 

1 Programs—Wildland Fire Management’’ for wildfire sup2 pression operations in the fiscal year in which such 

3 amounts are transferred: Provided further, That amounts 

4 may be transferred to the ‘‘Wildland Fire Management’’ ac5 counts in the Department of Agriculture or the Department 

6 of the Interior only upon the notification of the House and 

7 Senate Committees on Appropriations that all wildfire sup8 pression operations funds appropriated under that heading 

9 in this and prior appropriations Acts to the agency to 

10 which the funds will be transferred will be obligated within 

11 30 days: Provided further, That the transfer authority pro12 vided under this heading is in addition to any other trans13 fer authority provided by law. 

14 CENTRAL HAZARDOUS MATERIALS FUND

15 For necessary expenses of the Department of the Inte16 rior and any of its component offices and bureaus for the 

17 response action, including associated activities, performed 

18 pursuant to the Comprehensive Environmental Response, 

19 Compensation, and Liability Act (42 U.S.C. 9601 et seq.), 

20 $10,010,000, to remain available until expended. 

21 For an additional amount for a competitive grant pro22 gram to fund radium decontamination and remediation at 

23 any land-grant university that has been subjected to such 

24 contamination as a result of actions of the former United 

25 States Bureau of Mines, $12,000,000. 
412 

•HR 1865 EAH 

1 NATURAL RESOURCE DAMAGE ASSESSMENT AND

2 RESTORATION

3 NATURAL RESOURCE DAMAGE ASSESSMENT FUND

4 To conduct natural resource damage assessment, res5 toration activities, and onshore oil spill preparedness by the 

6 Department of the Interior necessary to carry out the provi7 sions of the Comprehensive Environmental Response, Com8 pensation, and Liability Act (42 U.S.C. 9601 et seq.), the 

9 Federal Water Pollution Control Act (33 U.S.C. 1251 et 

10 seq.), the Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.), 

11 and 54 U.S.C. 100721 et seq., $7,767,000, to remain avail12 able until expended. 

13 WORKING CAPITAL FUND

14 For the operation and maintenance of a departmental 

15 financial and business management system, information 

16 technology improvements of general benefit to the Depart17 ment, cybersecurity, and the consolidation of facilities and 

18 operations throughout the Department, $55,735,000, to re19 main available until expended: Provided, That none of the 

20 funds appropriated in this Act or any other Act may be 

21 used to establish reserves in the Working Capital Fund ac22 count other than for accrued annual leave and depreciation 

23 of equipment without prior approval of the Committees on 

24 Appropriations of the House of Representatives and the 

25 Senate: Provided further, That the Secretary may assess 
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1 reasonable charges to State, local and tribal government em2 ployees for training services provided by the National In3 dian Program Training Center, other than training related 

4 to Public Law 93–638: Provided further, That the Secretary 

5 may lease or otherwise provide space and related facilities, 

6 equipment or professional services of the National Indian 

7 Program Training Center to State, local and tribal govern8 ment employees or persons or organizations engaged in cul9 tural, educational, or recreational activities (as defined in 

10 section 3306(a) of title 40, United States Code) at the pre11 vailing rate for similar space, facilities, equipment, or serv12 ices in the vicinity of the National Indian Program Train13 ing Center: Provided further, That all funds received pursu14 ant to the two preceding provisos shall be credited to this 

15 account, shall be available until expended, and shall be used 

16 by the Secretary for necessary expenses of the National In17 dian Program Training Center: Provided further, That the 

18 Secretary may enter into grants and cooperative agree19 ments to support the Office of Natural Resource Revenue’s 

20 collection and disbursement of royalties, fees, and other 

21 mineral revenue proceeds, as authorized by law. 

22 ADMINISTRATIVE PROVISION

23 There is hereby authorized for acquisition from avail24 able resources within the Working Capital Fund, aircraft 

25 which may be obtained by donation, purchase or through 
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1 available excess surplus property: Provided, That existing 

2 aircraft being replaced may be sold, with proceeds derived 

3 or trade-in value used to offset the purchase price for the 

4 replacement aircraft. 

5 OFFICE OF NATURAL RESOURCES REVENUE

6 For necessary expenses for management of the collec7 tion and disbursement of royalties, fees, and other mineral 

8 revenue proceeds, and for grants and cooperative agree9 ments, as authorized by law, $147,330,000, to remain avail10 able until September 30, 2021; of which $50,651,000 shall 

11 remain available until expended for the purpose of mineral 

12 revenue management activities: Provided, That notwith13 standing any other provision of law, $15,000 shall be avail14 able for refunds of overpayments in connection with certain 

15 Indian leases in which the Secretary concurred with the 

16 claimed refund due, to pay amounts owed to Indian 

17 allottees or tribes, or to correct prior unrecoverable erro18 neous payments. 

19 GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR

20 (INCLUDING TRANSFERS OF FUNDS)

21 EMERGENCY TRANSFER AUTHORITY—INTRA-BUREAU

22 SEC. 101. Appropriations made in this title shall be 

23 available for expenditure or transfer (within each bureau 

24 or office), with the approval of the Secretary, for the emer25 gency reconstruction, replacement, or repair of aircraft, 
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1 buildings, utilities, or other facilities or equipment dam2 aged or destroyed by fire, flood, storm, or other unavoidable 

3 causes: Provided, That no funds shall be made available 

4 under this authority until funds specifically made available 

5 to the Department of the Interior for emergencies shall have 

6 been exhausted: Provided further, That all funds used pur7 suant to this section must be replenished by a supplemental 

8 appropriation, which must be requested as promptly as pos9 sible. 

10 EMERGENCY TRANSFER AUTHORITY—DEPARTMENT-WIDE

11 SEC. 102. The Secretary may authorize the expendi12 ture or transfer of any no year appropriation in this title, 

13 in addition to the amounts included in the budget programs 

14 of the several agencies, for the suppression or emergency 

15 prevention of wildland fires on or threatening lands under 

16 the jurisdiction of the Department of the Interior; for the 

17 emergency rehabilitation of burned-over lands under its ju18 risdiction; for emergency actions related to potential or ac19 tual earthquakes, floods, volcanoes, storms, or other un20 avoidable causes; for contingency planning subsequent to 

21 actual oil spills; for response and natural resource damage 

22 assessment activities related to actual oil spills or releases 

23 of hazardous substances into the environment; for the pre24 vention, suppression, and control of actual or potential 

25 grasshopper and Mormon cricket outbreaks on lands under 
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1 the jurisdiction of the Secretary, pursuant to the authority 

2 in section 417(b) of Public Law 106–224 (7 U.S.C. 

3 7717(b)); for emergency reclamation projects under section 

4 410 of Public Law 95–87; and shall transfer, from any no 

5 year funds available to the Office of Surface Mining Rec6 lamation and Enforcement, such funds as may be necessary 

7 to permit assumption of regulatory authority in the event 

8 a primacy State is not carrying out the regulatory provi9 sions of the Surface Mining Act: Provided, That appropria10 tions made in this title for wildland fire operations shall 

11 be available for the payment of obligations incurred during 

12 the preceding fiscal year, and for reimbursement to other 

13 Federal agencies for destruction of vehicles, aircraft, or 

14 other equipment in connection with their use for wildland 

15 fire operations, with such reimbursement to be credited to 

16 appropriations currently available at the time of receipt 

17 thereof: Provided further, That for wildland fire operations, 

18 no funds shall be made available under this authority until 

19 the Secretary determines that funds appropriated for 

20 ‘‘wildland fire suppression’’ shall be exhausted within 30 

21 days: Provided further, That all funds used pursuant to this 

22 section must be replenished by a supplemental appropria23 tion, which must be requested as promptly as possible: Pro24 vided further, That such replenishment funds shall be used 
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1 to reimburse, on a pro rata basis, accounts from which 

2 emergency funds were transferred. 

3 AUTHORIZED USE OF FUNDS

4 SEC. 103. Appropriations made to the Department of 

5 the Interior in this title shall be available for services as 

6 authorized by section 3109 of title 5, United States Code, 

7 when authorized by the Secretary, in total amount not to 

8 exceed $500,000; purchase and replacement of motor vehi9 cles, including specially equipped law enforcement vehicles; 

10 hire, maintenance, and operation of aircraft; hire of pas11 senger motor vehicles; purchase of reprints; payment for 

12 telephone service in private residences in the field, when au13 thorized under regulations approved by the Secretary; and 

14 the payment of dues, when authorized by the Secretary, for 

15 library membership in societies or associations which issue 

16 publications to members only or at a price to members 

17 lower than to subscribers who are not members. 

18 AUTHORIZED USE OF FUNDS, INDIAN TRUST MANAGEMENT

19 SEC. 104. Appropriations made in this Act under the 

20 headings Bureau of Indian Affairs and Bureau of Indian 

21 Education, and Office of the Special Trustee for American 

22 Indians and any unobligated balances from prior appro23 priations Acts made under the same headings shall be avail24 able for expenditure or transfer for Indian trust manage25 ment and reform activities. Total funding for historical ac-
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1 counting activities shall not exceed amounts specifically 

2 designated in this Act for such purpose. The Secretary shall 

3 notify the House and Senate Committees on Appropriations 

4 within 60 days of the expenditure or transfer of any funds 

5 under this section, including the amount expended or trans6 ferred and how the funds will be used. 

7 REDISTRIBUTION OF FUNDS, BUREAU OF INDIAN AFFAIRS

8 SEC. 105. Notwithstanding any other provision of law, 

9 the Secretary of the Interior is authorized to redistribute 

10 any Tribal Priority Allocation funds, including tribal base 

11 funds, to alleviate tribal funding inequities by transferring 

12 funds to address identified, unmet needs, dual enrollment, 

13 overlapping service areas or inaccurate distribution meth14 odologies. No tribe shall receive a reduction in Tribal Pri15 ority Allocation funds of more than 10 percent in fiscal 

16 year 2020. Under circumstances of dual enrollment, over17 lapping service areas or inaccurate distribution methodolo18 gies, the 10 percent limitation does not apply. 

19 ELLIS, GOVERNORS, AND LIBERTY ISLANDS

20 SEC. 106. Notwithstanding any other provision of law, 

21 the Secretary of the Interior is authorized to acquire lands, 

22 waters, or interests therein including the use of all or part 

23 of any pier, dock, or landing within the State of New York 

24 and the State of New Jersey, for the purpose of operating 

25 and maintaining facilities in the support of transportation 
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1 and accommodation of visitors to Ellis, Governors, and Lib2 erty Islands, and of other program and administrative ac3 tivities, by donation or with appropriated funds, including 

4 franchise fees (and other monetary consideration), or by ex5 change; and the Secretary is authorized to negotiate and 

6 enter into leases, subleases, concession contracts or other 

7 agreements for the use of such facilities on such terms and 

8 conditions as the Secretary may determine reasonable. 

9 OUTER CONTINENTAL SHELF INSPECTION FEES

10 SEC. 107. (a) In fiscal year 2020, the Secretary shall 

11 collect a nonrefundable inspection fee, which shall be depos12 ited in the ‘‘Offshore Safety and Environmental Enforce13 ment’’ account, from the designated operator for facilities 

14 subject to inspection under 43 U.S.C. 1348(c). 

15 (b) Annual fees shall be collected for facilities that are 

16 above the waterline, excluding drilling rigs, and are in 

17 place at the start of the fiscal year. Fees for fiscal year 2020 

18 shall be— 

19 (1) $10,500 for facilities with no wells, but with 

20 processing equipment or gathering lines; 

21 (2) $17,000 for facilities with 1 to 10 wells, with 

22 any combination of active or inactive wells; and 

23 (3) $31,500 for facilities with more than 10 

24 wells, with any combination of active or inactive 

25 wells. 
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1 (c) Fees for drilling rigs shall be assessed for all inspec2 tions completed in fiscal year 2020. Fees for fiscal year 

3 2020 shall be— 

4 (1) $30,500 per inspection for rigs operating in 

5 water depths of 500 feet or more; and 

6 (2) $16,700 per inspection for rigs operating in 

7 water depths of less than 500 feet. 

8 (d) Fees for inspection of well operations conducted via 

9 non-rig units as outlined in title 30 CFR 250 subparts D, 

10 E, F, and Q shall be assessed for all inspections completed 

11 in fiscal year 2020. Fees for fiscal year 2020 shall be— 

12 (1) $13,260 per inspection for non-rig units op13 erating in water depths of 2,500 feet or more; 

14 (2) $11,530 per inspection for non-rig units op15 erating in water depths between 500 and 2,499 feet; 

16 and 

17 (3) $4,470 per inspection for non-rig units oper18 ating in water depths of less than 500 feet. 

19 (e) The Secretary shall bill designated operators under 

20 subsection (b) quarterly, with payment required within 30 

21 days of billing. The Secretary shall bill designated operators 

22 under subsection (c) within 30 days of the end of the month 

23 in which the inspection occurred, with payment required 

24 within 30 days of billing. The Secretary shall bill des-
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1 ignated operators under subsection (d) with payment re2 quired by the end of the following quarter. 

3 CONTRACTS AND AGREEMENTS FOR WILD HORSE AND

4 BURRO HOLDING FACILITIES

5 SEC. 108. Notwithstanding any other provision of this 

6 Act, the Secretary of the Interior may enter into multiyear 

7 cooperative agreements with nonprofit organizations and 

8 other appropriate entities, and may enter into multiyear 

9 contracts in accordance with the provisions of section 3903 

10 of title 41, United States Code (except that the 5-year term 

11 restriction in subsection (a) shall not apply), for the long12 term care and maintenance of excess wild free roaming 

13 horses and burros by such organizations or entities on pri14 vate land. Such cooperative agreements and contracts may 

15 not exceed 10 years, subject to renewal at the discretion of 

16 the Secretary. 

17 MASS MARKING OF SALMONIDS

18 SEC. 109. The United States Fish and Wildlife Service 

19 shall, in carrying out its responsibilities to protect threat20 ened and endangered species of salmon, implement a system 

21 of mass marking of salmonid stocks, intended for harvest, 

22 that are released from federally operated or federally fi23 nanced hatcheries including but not limited to fish releases 

24 of coho, chinook, and steelhead species. Marked fish must 
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1 have a visible mark that can be readily identified by com2 mercial and recreational fishers. 

3 CONTRACTS AND AGREEMENTS WITH INDIAN AFFAIRS

4 SEC. 110. Notwithstanding any other provision of law, 

5 during fiscal year 2020, in carrying out work involving co6 operation with State, local, and tribal governments or any 

7 political subdivision thereof, Indian Affairs may record ob8 ligations against accounts receivable from any such entities, 

9 except that total obligations at the end of the fiscal year 

10 shall not exceed total budgetary resources available at the 

11 end of the fiscal year. 

12 DEPARTMENT OF THE INTERIOR EXPERIENCED SERVICES

13 PROGRAM

14 SEC. 111. (a) Notwithstanding any other provision of 

15 law relating to Federal grants and cooperative agreements, 

16 the Secretary of the Interior is authorized to make grants 

17 to, or enter into cooperative agreements with, private non18 profit organizations designated by the Secretary of Labor 

19 under title V of the Older Americans Act of 1965 to utilize 

20 the talents of older Americans in programs authorized by 

21 other provisions of law administered by the Secretary and 

22 consistent with such provisions of law. 

23 (b) Prior to awarding any grant or agreement under 

24 subsection (a), the Secretary shall ensure that the agreement 

25 would not— 
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1 (1) result in the displacement of individuals cur2 rently employed by the Department, including partial 

3 displacement through reduction of non-overtime 

4 hours, wages, or employment benefits; 

5 (2) result in the use of an individual under the 

6 Department of the Interior Experienced Services Pro7 gram for a job or function in a case in which a Fed8 eral employee is in a layoff status from the same or 

9 substantially equivalent job within the Department; 

10 or 

11 (3) affect existing contracts for services. 

12 OBLIGATION OF FUNDS

13 SEC. 112. Amounts appropriated by this Act to the De14 partment of the Interior shall be available for obligation 

15 and expenditure not later than 60 days after the date of 

16 enactment of this Act. 

17 EXTENSION OF AUTHORITIES

18 SEC. 113. (a) Section 512 of title V of division J of 

19 Public Law 108–447 is amended by striking ‘‘on the date 

20 that is 15 years after the date that funds are first made 

21 available for this title.’’ and inserting ‘‘after September 30, 

22 2022.’’. 

23 (b) Section 608 of title VI of division J of Public Law 

24 108–447 is amended by striking ‘‘the expiration of the 15- 

25 year period beginning on the date that funds are first made 
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•HR 1865 EAH 

1 available for this title.’’ and inserting ‘‘September 30, 

2 2022.’’. 

3 (c) Section 109 of title I of Public Law 103–449, as 

4 amended by Public Law 111–11, title VIII section 8201(c), 

5 is further amended by striking ‘‘$15,000,000’’ and inserting 

6 ‘‘$17,000,000’’. 

7 (d) Section 608(a) of division II of Public Law 104– 

8 333, as amended by Public Law 110–229 section 461, is 

9 further amended by striking ‘‘$15,000,000’’ and inserting 

10 ‘‘$17,000,000’’. 

11 (e) Section 810(a)(1) of title VIII of division B of ap12 pendix D of Public Law 106–554, as amended by Public 

13 Law 115–31, division G, title I section 115(b), is further 

14 amended by striking ‘‘$12,000,000’’ and inserting 

15 ‘‘$14,000,000’’. 

16 SEPARATION OF ACCOUNTS

17 SEC. 114. The Secretary of the Interior, in order to 

18 implement an orderly transition to separate accounts of the 

19 Bureau of Indian Affairs and the Bureau of Indian Edu20 cation, may transfer funds among and between the successor 

21 offices and bureaus affected by the reorganization only in 

22 conformance with the reprogramming guidelines described 

23 in this Act. 
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1 PAYMENTS IN LIEU OF TAXES (PILT)

2 SEC. 115. Section 6906 of title 31, United States Code, 

3 shall be applied by substituting ‘‘fiscal year 2020’’ for ‘‘fis4 cal year 2019’’. 

5 SAGE-GROUSE

6 SEC. 116. None of the funds made available by this 

7 or any other Act may be used by the Secretary of the Inte8 rior to write or issue pursuant to section 4 of the Endan9 gered Species Act of 1973 (16 U.S.C. 1533)— 

10 (1) a proposed rule for greater sage-grouse 

11 (Centrocercus urophasianus); 

12 (2) a proposed rule for the Columbia basin dis13 tinct population segment of greater sage-grouse. 

14 DISCLOSURE OF DEPARTURE OR ALTERNATE PROCEDURE

15 APPROVAL

16 SEC. 117. (a) Subject to subsection (b), beginning no 

17 later than 180 days after the enactment of this Act, in any 

18 case in which the Bureau of Safety and Environmental En19 forcement or the Bureau of Ocean Energy Management pre20 scribes or approves any departure or use of alternate proce21 dure or equipment, in regards to a plan or permit, under 

22 30 C.F.R. § 585.103, 30 C.F.R. § 550.141; 30 C.F.R. 

23 §550.142; 30 C.F.R. § 250.141, or 30 C.F.R. § 250.142, 

24 the head of such bureau shall post a description of such de25 parture or alternate procedure or equipment use approval 
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•HR 1865 EAH 

1 on such bureau’s publicly available website not more than 

2 15 business days after such issuance. 

3 (b) The head of each bureau may exclude confidential 

4 business information. 

5 TITLE II 

6 ENVIRONMENTAL PROTECTION AGENCY 

7 SCIENCE AND TECHNOLOGY

8 For science and technology, including research and de9 velopment activities, which shall include research and devel10 opment activities under the Comprehensive Environmental 

11 Response, Compensation, and Liability Act of 1980; nec12 essary expenses for personnel and related costs and travel 

13 expenses; procurement of laboratory equipment and sup14 plies; and other operating expenses in support of research 

15 and development, $716,449,000, to remain available until 

16 September 30, 2021: Provided, That of the funds included 

17 under this heading, $6,000,000 shall be for Research: Na18 tional Priorities as specified in the explanatory statement 

19 described in section 4 (in the matter preceding division A 

20 of this consolidated Act). 

21 ENVIRONMENTAL PROGRAMS AND MANAGEMENT

22 For environmental programs and management, in23 cluding necessary expenses, not otherwise provided for, for 

24 personnel and related costs and travel expenses; hire of pas25 senger motor vehicles; hire, maintenance, and operation of 
427 

•HR 1865 EAH 

1 aircraft; purchase of reprints; library memberships in soci2 eties or associations which issue publications to members 

3 only or at a price to members lower than to subscribers 

4 who are not members; administrative costs of the 

5 brownfields program under the Small Business Liability 

6 Relief and Brownfields Revitalization Act of 2002; imple7 mentation of a coal combustion residual permit program 

8 under section 2301 of the Water and Waste Act of 2016; 

9 and not to exceed $31,000 for official reception and rep10 resentation expenses, $2,663,356,000, to remain available 

11 until September 30, 2021: Provided, That of the funds in12 cluded under this heading, $17,700,000 shall be for Envi13 ronmental Protection: National Priorities as specified in 

14 the explanatory statement described in section 4 (in the 

15 matter preceding division A of this consolidated Act): Pro16 vided further, That of the funds included under this head17 ing, $510,276,000 shall be for Geographic Programs speci18 fied in the explanatory statement described in section 4 (in 

19 the matter preceding division A of this consolidated Act). 

20 In addition, $5,000,000 to remain available until ex21 pended, for necessary expenses of activities described in sec22 tion 26(b)(1) of the Toxic Substances Control Act (15 

23 U.S.C. 2625(b)(1)): Provided, That fees collected pursuant 

24 to that section of that Act and deposited in the ‘‘TSCA Serv25 ice Fee Fund’’ as discretionary offsetting receipts in fiscal 
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•HR 1865 EAH 

1 year 2020 shall be retained and used for necessary salaries 

2 and expenses in this appropriation and shall remain avail3 able until expended: Provided further, That the sum herein 

4 appropriated in this paragraph from the general fund for 

5 fiscal year 2020 shall be reduced by the amount of discre6 tionary offsetting receipts received during fiscal year 2020, 

7 so as to result in a final fiscal year 2020 appropriation 

8 from the general fund estimated at not more than $0: Pro9 vided further, That to the extent that amounts realized from 

10 such receipts exceed $5,000,000, those amount in excess of 

11 $5,000,000 shall be deposited in the ‘‘TSCA Service Fee 

12 Fund’’ as discretionary offsetting receipts in fiscal year 

13 2020, shall be retained and used for necessary salaries and 

14 expenses in this account, and shall remain available until 

15 expended: Provided further, That of the funds included in 

16 the first paragraph under this heading, the Chemical Risk 

17 Review and Reduction program project shall be allocated 

18 for this fiscal year, excluding the amount of any fees appro19 priated, not less than the amount of appropriations for that 

20 program project for fiscal year 2014. 

21 HAZARDOUS WASTE ELECTRONIC MANIFEST SYSTEM

22 FUND

23 For necessary expenses to carry out section 3024 of the 

24 Solid Waste Disposal Act (42 U.S.C. 6939g), including the 

25 development, operation, maintenance, and upgrading of the 
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•HR 1865 EAH 

1 hazardous waste electronic manifest system established by 

2 such section, $8,000,000, to remain available until ex3 pended: Provided, That the sum herein appropriated from 

4 the general fund shall be reduced as offsetting collections 

5 under such section 3024 are received during fiscal year 

6 2020, which shall remain available until expended and be 

7 used for necessary expenses in this appropriation, so as to 

8 result in a final fiscal year 2020 appropriation from the 

9 general fund estimated at not more than $0: Provided fur10 ther, That to the extent such offsetting collections received 

11 in fiscal year 2020 exceed $8,000,000, those excess amounts 

12 shall remain available until expended and be used for nec13 essary expenses in this appropriation. 

14 OFFICE OF INSPECTOR GENERAL

15 For necessary expenses of the Office of Inspector Gen16 eral in carrying out the provisions of the Inspector General 

17 Act of 1978, $41,489,000, to remain available until Sep18 tember 30, 2021. 

19 BUILDINGS AND FACILITIES

20 For construction, repair, improvement, extension, al21 teration, and purchase of fixed equipment or facilities of, 

22 or for use by, the Environmental Protection Agency, 

23 $33,598,000, to remain available until expended. 
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•HR 1865 EAH 

1 HAZARDOUS SUBSTANCE SUPERFUND

2 (INCLUDING TRANSFERS OF FUNDS)

3 For necessary expenses to carry out the Comprehensive 

4 Environmental Response, Compensation, and Liability Act 

5 of 1980 (CERCLA), including sections 111(c)(3), (c)(5), 

6 (c)(6), and (e)(4) (42 U.S.C. 9611), and hire, maintenance, 

7 and operation of aircraft, $1,184,755,000, to remain avail8 able until expended, consisting of such sums as are available 

9 in the Trust Fund on September 30, 2019, as authorized 

10 by section 517(a) of the Superfund Amendments and Reau11 thorization Act of 1986 (SARA) and up to $1,184,755,000 

12 as a payment from general revenues to the Hazardous Sub13 stance Superfund for purposes as authorized by section 

14 517(b) of SARA: Provided, That funds appropriated under 

15 this heading may be allocated to other Federal agencies in 

16 accordance with section 111(a) of CERCLA: Provided fur17 ther, That of the funds appropriated under this heading, 

18 $11,586,000 shall be paid to the ‘‘Office of Inspector Gen19 eral’’ appropriation to remain available until September 

20 30, 2021, and $30,747,000 shall be paid to the ‘‘Science 

21 and Technology’’ appropriation to remain available until 

22 September 30, 2021. 
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•HR 1865 EAH 

1 LEAKING UNDERGROUND STORAGE TANK TRUST FUND

2 PROGRAM

3 For necessary expenses to carry out leaking under4 ground storage tank cleanup activities authorized by sub5 title I of the Solid Waste Disposal Act, $91,941,000, to re6 main available until expended, of which $66,572,000 shall 

7 be for carrying out leaking underground storage tank clean8 up activities authorized by section 9003(h) of the Solid 

9 Waste Disposal Act; $25,369,000 shall be for carrying out 

10 the other provisions of the Solid Waste Disposal Act speci11 fied in section 9508(c) of the Internal Revenue Code: Pro12 vided, That the Administrator is authorized to use appro13 priations made available under this heading to implement 

14 section 9013 of the Solid Waste Disposal Act to provide fi15 nancial assistance to federally recognized Indian tribes for 

16 the development and implementation of programs to man17 age underground storage tanks. 

18 INLAND OIL SPILL PROGRAMS

19 For expenses necessary to carry out the Environmental 

20 Protection Agency’s responsibilities under the Oil Pollution 

21 Act of 1990, including hire, maintenance, and operation 

22 of aircraft, $19,581,000, to be derived from the Oil Spill 

23 Liability trust fund, to remain available until expended. 
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•HR 1865 EAH 

1 STATE AND TRIBAL ASSISTANCE GRANTS

2 For environmental programs and infrastructure as3 sistance, including capitalization grants for State revolving 

4 funds and performance partnership grants, $4,246,232,000, 

5 to remain available until expended, of which— 

6 (1) $1,638,826,000 shall be for making capital7 ization grants for the Clean Water State Revolving 

8 Funds under title VI of the Federal Water Pollution 

9 Control Act; and of which $1,126,088,000 shall be for 

10 making capitalization grants for the Drinking Water 

11 State Revolving Funds under section 1452 of the Safe 

12 Drinking Water Act: Provided, That for fiscal year 

13 2020, to the extent there are sufficient eligible project 

14 applications and projects are consistent with State 

15 Intended Use Plans, not less than 10 percent of the 

16 funds made available under this title to each State for 

17 Clean Water State Revolving Fund capitalization 

18 grants shall be used by the State for projects to ad19 dress green infrastructure, water or energy efficiency 

20 improvements, or other environmentally innovative 

21 activities: Provided further, That for fiscal year 2020, 

22 funds made available under this title to each State for 

23 Drinking Water State Revolving Fund capitalization 

24 grants may, at the discretion of each State, be used 

25 for projects to address green infrastructure, water or 
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•HR 1865 EAH 

1 energy efficiency improvements, or other environ2 mentally innovative activities: Provided further, That 

3 notwithstanding section 603(d)(7) of the Federal 

4 Water Pollution Control Act, the limitation on the 

5 amounts in a State water pollution control revolving 

6 fund that may be used by a State to administer the 

7 fund shall not apply to amounts included as prin8 cipal in loans made by such fund in fiscal year 2020 

9 and prior years where such amounts represent costs 

10 of administering the fund to the extent that such 

11 amounts are or were deemed reasonable by the Ad12 ministrator, accounted for separately from other as13 sets in the fund, and used for eligible purposes of the 

14 fund, including administration: Provided further, 

15 That for fiscal year 2020, notwithstanding the provi16 sions of subsections (g)(1), (h), and (l) of section 201 

17 of the Federal Water Pollution Control Act, grants 

18 made under title II of such Act for American Samoa, 

19 Guam, the commonwealth of the Northern Marianas, 

20 the United States Virgin Islands, and the District of 

21 Columbia may also be made for the purpose of pro22 viding assistance: (1) solely for facility plans, design 

23 activities, or plans, specifications, and estimates for 

24 any proposed project for the construction of treatment 

25 works; and (2) for the construction, repair, or replace-
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•HR 1865 EAH 

1 ment of privately owned treatment works serving one 

2 or more principal residences or small commercial es3 tablishments: Provided further, That for fiscal year 

4 2020, notwithstanding the provisions of such sub5 sections (g)(1), (h), and (l) of section 201 and section 

6 518(c) of the Federal Water Pollution Control Act, 

7 funds reserved by the Administrator for grants under 

8 section 518(c) of the Federal Water Pollution Control 

9 Act may also be used to provide assistance: (1) solely 

10 for facility plans, design activities, or plans, speci11 fications, and estimates for any proposed project for 

12 the construction of treatment works; and (2) for the 

13 construction, repair, or replacement of privately 

14 owned treatment works serving one or more principal 

15 residences or small commercial establishments: Pro16 vided further, That for fiscal year 2020, notwith17 standing any provision of the Federal Water Pollu18 tion Control Act and regulations issued pursuant 

19 thereof, up to a total of $2,000,000 of the funds re20 served by the Administrator for grants under section 

21 518(c) of such Act may also be used for grants for 

22 training, technical assistance, and educational pro23 grams relating to the operation and management of 

24 the treatment works specified in section 518(c) of such 

25 Act: Provided further, That for fiscal year 2020, funds 
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1 reserved under section 518(c) of such Act shall be 

2 available for grants only to Indian tribes, as defined 

3 in section 518(h) of such Act and former Indian res4 ervations in Oklahoma (as determined by the Sec5 retary of the Interior) and Native Villages as defined 

6 in Public Law 92–203: Provided further, That for fis7 cal year 2020, notwithstanding the limitation on 

8 amounts in section 518(c) of the Federal Water Pollu9 tion Control Act, up to a total of 2 percent of the 

10 funds appropriated, or $30,000,000, whichever is 

11 greater, and notwithstanding the limitation on 

12 amounts in section 1452(i) of the Safe Drinking 

13 Water Act, up to a total of 2 percent of the funds ap14 propriated, or $20,000,000, whichever is greater, for 

15 State Revolving Funds under such Acts may be re16 served by the Administrator for grants under section 

17 518(c) and section 1452(i) of such Acts: Provided fur18 ther, That for fiscal year 2020, notwithstanding the 

19 amounts specified in section 205(c) of the Federal 

20 Water Pollution Control Act, up to 1.5 percent of the 

21 aggregate funds appropriated for the Clean Water 

22 State Revolving Fund program under the Act less any 

23 sums reserved under section 518(c) of the Act, may be 

24 reserved by the Administrator for grants made under 

25 title II of the Federal Water Pollution Control Act for 
436 

•HR 1865 EAH 

1 American Samoa, Guam, the Commonwealth of the 

2 Northern Marianas, and United States Virgin Is3 lands: Provided further, That for fiscal year 2020, 

4 notwithstanding the limitations on amounts specified 

5 in section 1452(j) of the Safe Drinking Water Act, up 

6 to 1.5 percent of the funds appropriated for the 

7 Drinking Water State Revolving Fund programs 

8 under the Safe Drinking Water Act may be reserved 

9 by the Administrator for grants made under section 

10 1452(j) of the Safe Drinking Water Act: Provided fur11 ther, That 10 percent of the funds made available 

12 under this title to each State for Clean Water State 

13 Revolving Fund capitalization grants and 14 percent 

14 of the funds made available under this title to each 

15 State for Drinking Water State Revolving Fund cap16 italization grants shall be used by the State to pro17 vide additional subsidy to eligible recipients in the 

18 form of forgiveness of principal, negative interest 

19 loans, or grants (or any combination of these), and 

20 shall be so used by the State only where such funds 

21 are provided as initial financing for an eligible re22 cipient or to buy, refinance, or restructure the debt 

23 obligations of eligible recipients only where such debt 

24 was incurred on or after the date of enactment of this 

25 Act, or where such debt was incurred prior to the date 
437 

•HR 1865 EAH 

1 of enactment of this Act if the State, with concurrence 

2 from the Administrator, determines that such funds 

3 could be used to help address a threat to public health 

4 from heightened exposure to lead in drinking water or 

5 if a Federal or State emergency declaration has been 

6 issued due to a threat to public health from height7 ened exposure to lead in a municipal drinking water 

8 supply before the date of enactment of this Act: Pro9 vided further, That in a State in which such an emer10 gency declaration has been issued, the State may use 

11 more than 14 percent of the funds made available 

12 under this title to the State for Drinking Water State 

13 Revolving Fund capitalization grants to provide ad14 ditional subsidy to eligible recipients; 

15 (2) $25,000,000 shall be for architectural, engi16 neering, planning, design, construction and related 

17 activities in connection with the construction of high 

18 priority water and wastewater facilities in the area 

19 of the United States-Mexico Border, after consultation 

20 with the appropriate border commission: Provided, 

21 That no funds provided by this appropriations Act to 

22 address the water, wastewater and other critical in23 frastructure needs of the colonias in the United States 

24 along the United States-Mexico border shall be made 

25 available to a county or municipal government unless 
438 

•HR 1865 EAH 

1 that government has established an enforceable local 

2 ordinance, or other zoning rule, which prevents in 

3 that jurisdiction the development or construction of 

4 any additional colonia areas, or the development 

5 within an existing colonia the construction of any 

6 new home, business, or other structure which lacks 

7 water, wastewater, or other necessary infrastructure; 

8 (3) $29,186,000 shall be for grants to the State 

9 of Alaska to address drinking water and wastewater 

10 infrastructure needs of rural and Alaska Native Vil11 lages: Provided, That of these funds: (A) the State of 

12 Alaska shall provide a match of 25 percent; (B) no 

13 more than 5 percent of the funds may be used for ad14 ministrative and overhead expenses; and (C) the State 

15 of Alaska shall make awards consistent with the 

16 Statewide priority list established in conjunction with 

17 the Agency and the U.S. Department of Agriculture 

18 for all water, sewer, waste disposal, and similar 

19 projects carried out by the State of Alaska that are 

20 funded under section 221 of the Federal Water Pollu21 tion Control Act (33 U.S.C. 1301) or the Consolidated 

22 Farm and Rural Development Act (7 U.S.C. 1921 et 

23 seq.) which shall allocate not less than 25 percent of 

24 the funds provided for projects in regional hub com25 munities; 
439 

•HR 1865 EAH 

1 (4) $89,000,000 shall be to carry out section 

2 104(k) of the Comprehensive Environmental Re3 sponse, Compensation, and Liability Act of 1980 

4 (CERCLA), including grants, interagency agree5 ments, and associated program support costs: Pro6 vided, That at least 10 percent shall be allocated for 

7 assistance in persistent poverty counties: Provided 

8 further, That for purposes of this section, the term 

9 ‘‘persistent poverty counties’’ means any county that 

10 has had 20 percent or more of its population living 

11 in poverty over the past 30 years, as measured by the 

12 1990 and 2000 decennial censuses and the most recent 

13 Small Area Income and Poverty Estimates, or any 

14 territory or possession of the United States; 

15 (5) $87,000,000 shall be for grants under title 

16 VII, subtitle G of the Energy Policy Act of 2005; 

17 (6) $56,306,000 shall be for targeted airshed 

18 grants in accordance with the terms and conditions 

19 in the explanatory statement described in section 4 

20 (in the matter preceding division A of this consoli21 dated Act); 

22 (7) $4,000,000 shall be to carry out the water 

23 quality program authorized in section 5004(d) of the 

24 Water Infrastructure Improvements for the Nation 

25 Act (Public Law 114–322); 
440 

•HR 1865 EAH 

1 (8) $25,408,000 shall be for grants under sub2 sections (a) through (j) of section 1459A of the Safe 

3 Drinking Water Act (42 U.S.C. 300j–19a); 

4 (9) $26,000,000 shall be for grants under section 

5 1464(d) of the Safe Drinking Water Act (42 U.S.C. 

6 300j–24(d)); 

7 (10) $19,511,000 shall be for grants under sec8 tion 1459B of the Safe Drinking Water Act (42 

9 U.S.C. 300j–19b); 

10 (11) $3,000,000 shall be for grants under section 

11 1459A(l) of the Safe Drinking Water Act (42 U.S.C. 

12 300j–19a(l)); 

13 (12) $12,000,000 shall be for grants under sec14 tion 104(b)(8) of the Federal Water Pollution Control 

15 Act (33 U.S.C. 1254(b)(8)); 

16 (13) $28,000,000 shall be for grants under sec17 tion 221 of the Federal Water Pollution Control Act 

18 (33 U.S.C. 1301); 

19 (14) $1,000,000 shall be for grants under section 

20 4304(b) of the America’s Water Infrastructure Act of 

21 2018 (Public Law 115–270); and 

22 (15) $1,075,907,000 shall be for grants, includ23 ing associated program support costs, to States, feder24 ally recognized tribes, interstate agencies, tribal con25 sortia, and air pollution control agencies for multi- 
441 

•HR 1865 EAH 

1 media or single media pollution prevention, control 

2 and abatement and related activities, including ac3 tivities pursuant to the provisions set forth under this 

4 heading in Public Law 104–134, and for making 

5 grants under section 103 of the Clean Air Act for par6 ticulate matter monitoring and data collection activi7 ties subject to terms and conditions specified by the 

8 Administrator, of which: $46,190,000 shall be for car9 rying out section 128 of CERCLA; $9,332,000 shall 

10 be for Environmental Information Exchange Network 

11 grants, including associated program support costs; 

12 $1,449,000 shall be for grants to States under section 

13 2007(f)(2) of the Solid Waste Disposal Act, which 

14 shall be in addition to funds appropriated under the 

15 heading ‘‘Leaking Underground Storage Tank Trust 

16 Fund Program’’ to carry out the provisions of the 

17 Solid Waste Disposal Act specified in section 9508(c) 

18 of the Internal Revenue Code other than section 

19 9003(h) of the Solid Waste Disposal Act; $17,848,000 

20 of the funds available for grants under section 106 of 

21 the Federal Water Pollution Control Act shall be for 

22 State participation in national- and State-level sta23 tistical surveys of water resources and enhancements 

24 to State monitoring programs; $13,000,000 shall be 
442 

•HR 1865 EAH 

1 for multipurpose grants, including interagency agree2 ments. 

3 WATER INFRASTRUCTURE FINANCE AND INNOVATION

4 PROGRAM ACCOUNT

5 For the cost of direct loans and for the cost of guaran6 teed loans, as authorized by the Water Infrastructure Fi7 nance and Innovation Act of 2014, $55,000,000, to remain 

8 available until expended: Provided, That such costs, includ9 ing the cost of modifying such loans, shall be as defined 

10 in section 502 of the Congressional Budget Act of 1974: Pro11 vided further, That these funds are available to subsidize 

12 gross obligations for the principal amount of direct loans, 

13 including capitalized interest, and total loan principal, in14 cluding capitalized interest, any part of which is to be 

15 guaranteed, not to exceed $11,500,000,000: Provided fur16 ther, That of the funds made available under this heading, 

17 $5,000,000 shall be used solely for the cost of direct loans 

18 and for the cost of guaranteed loans for projects described 

19 in section 5026(9) of the Water Infrastructure Finance and 

20 Innovation Act of 2014 to State infrastructure financing 

21 authorities, as authorized by section 5033(e) of such Act: 

22 Provided further, That the Administrator, together with the 

23 Director of the Office of Management and Budget and the 

24 Secretary of the Treasury, shall jointly develop criteria for 

25 project eligibility for direct loans and loan guarantees au-
443 

•HR 1865 EAH 

1 thorized by the Water Infrastructure Finance and Innova2 tion Act of 2014 that limit Federal participation in a 

3 project consistent with the requirements for the budgetary 

4 treatment provided for in section 504 of the Federal Credit 

5 Reform Act of 1990 and based on the recommendations con6 tained in the 1967 Report of the President’s Commission 

7 on Budget Concepts; and the Administrator, the Director, 

8 and the Secretary, shall, not later than 120 days after the 

9 date of enactment of this Act, publish such criteria in the 

10 Federal Register: Provided further, That, in developing the 

11 criteria to be used, the Administrator, the Director, and the 

12 Secretary, shall consult with the Director of the Congres13 sional Budget Office: Provided further, That the require14 ments of section 553 of title 5, United States Code, shall 

15 not apply to the development and publication of such cri16 teria: Provided further, That the use of direct loans or loan 

17 guarantee authority under this heading for direct loans or 

18 commitments to guarantee loans for any project shall be 

19 in accordance with the criteria published pursuant to this 

20 Act: Provided further, That the Administrator, the Director, 

21 and the Secretary, shall also certify, and publish such cer22 tification in the Federal Register, that the criteria is com23 pliant with this paragraph, at the same time the Adminis24 trator, the Director, and the Secretary, publish the criteria 

25 in the Federal Register: Provided further, That the Admin-
444 

•HR 1865 EAH 

1 istrator may not issue a Notice of Funding Availability for 

2 applications for credit assistance under the Water Infra3 structure Finance and Innovation Act Program in fiscal 

4 year 2020 until the criteria have been developed and pub5 lished pursuant to the fourth proviso and certified pursuant 

6 to the previous proviso: Provided further, That none of the 

7 direct loans or loan guarantee authority made available 

8 under this heading shall be available for any project unless 

9 the Administrator and the Director of the Office of Manage10 ment and Budget have certified in advance in writing that 

11 the direct loan or loan guarantee, as applicable, and the 

12 project comply with the criteria developed and published 

13 pursuant to this Act: Provided further, That the criteria 

14 developed and published pursuant to this Act shall not 

15 apply to the use of direct loans or loan guarantee authority 

16 provided by prior appropriations Acts: Provided further, 

17 That not later than 15 days after the date upon which cri18 teria have been published pursuant to the fourth proviso, 

19 the Administrator shall report to the Committees on Appro20 priations of the House of Representatives and Senate, the 

21 Committees on Energy and Commerce and Transportation 

22 and Infrastructure of the House of Representatives, and the 

23 Committee on Environment and Public Works of the Senate 

24 on any statutory improvements to the Water Infrastructure 

25 Finance and Innovation Act of 2014 or to the Water Infra-
445 

•HR 1865 EAH 

1 structure Finance and Innovation Act Program Account’s 

2 appropriations language that would further align such Act 

3 and such language with the budgetary treatment and rec4 ommendations referred to in the fourth proviso: Provided 

5 further, That, for the purposes of carrying out the Congres6 sional Budget Act of 1974, the Director of the Congressional 

7 Budget Office may request, and the Administrator shall 

8 promptly provide, documentation and information relating 

9 to a project identified in a Letter of Interest submitted to 

10 the Administrator pursuant to a Notice of Funding Avail11 ability for applications for credit assistance under the 

12 Water Infrastructure Finance and Innovation Act Pro13 gram, including with respect to a project that was initiated 

14 or completed before the date of enactment of this Act. 

15 In addition, fees authorized to be collected pursuant 

16 to sections 5029 and 5030 of the Water Infrastructure Fi17 nance and Innovation Act of 2014 shall be deposited in this 

18 account, to remain available until expended. 

19 In addition, for administrative expenses to carry out 

20 the direct and guaranteed loan programs, notwithstanding 

21 section 5033 of the Water Infrastructure Finance and Inno22 vation Act of 2014, $5,000,000, to remain available until 

23 September 30, 2021. 
446 

•HR 1865 EAH 

1 ADMINISTRATIVE PROVISIONS—ENVIRONMENTAL

2 PROTECTION AGENCY

3 (INCLUDING TRANSFERS OF FUNDS)

4 For fiscal year 2020, notwithstanding 31 U.S.C. 

5 6303(1) and 6305(1), the Administrator of the Environ6 mental Protection Agency, in carrying out the Agency’s 

7 function to implement directly Federal environmental pro8 grams required or authorized by law in the absence of an 

9 acceptable tribal program, may award cooperative agree10 ments to federally recognized Indian tribes or Intertribal 

11 consortia, if authorized by their member tribes, to assist the 

12 Administrator in implementing Federal environmental 

13 programs for Indian tribes required or authorized by law, 

14 except that no such cooperative agreements may be awarded 

15 from funds designated for State financial assistance agree16 ments. 

17 The Administrator of the Environmental Protection 

18 Agency is authorized to collect and obligate pesticide reg19 istration service fees in accordance with section 33 of the 

20 Federal Insecticide, Fungicide, and Rodenticide Act, as 

21 amended by Public Law 116–8, the Pesticide Registration 

22 Improvement Extension Act of 2018. 

23 Notwithstanding section 33(d)(2) of the Federal Insec24 ticide, Fungicide, and Rodenticide Act (FIFRA) (7 U.S.C. 

25 136w–8(d)(2)), the Administrator of the Environmental 
447 

•HR 1865 EAH 

1 Protection Agency may assess fees under section 33 of 

2 FIFRA (7 U.S.C. 136w–8) for fiscal year 2020. 

3 The Administrator is authorized to transfer up to 

4 $320,000,000 of the funds appropriated for the Great Lakes 

5 Restoration Initiative under the heading ‘‘Environmental 

6 Programs and Management’’ to the head of any Federal de7 partment or agency, with the concurrence of such head, to 

8 carry out activities that would support the Great Lakes 

9 Restoration Initiative and Great Lakes Water Quality 

10 Agreement programs, projects, or activities; to enter into 

11 an interagency agreement with the head of such Federal de12 partment or agency to carry out these activities; and to 

13 make grants to governmental entities, nonprofit organiza14 tions, institutions, and individuals for planning, research, 

15 monitoring, outreach, and implementation in furtherance 

16 of the Great Lakes Restoration Initiative and the Great 

17 Lakes Water Quality Agreement. 

18 The Science and Technology, Environmental Programs 

19 and Management, Office of Inspector General, Hazardous 

20 Substance Superfund, and Leaking Underground Storage 

21 Tank Trust Fund Program Accounts, are available for the 

22 construction, alteration, repair, rehabilitation, and renova23 tion of facilities, provided that the cost does not exceed 

24 $150,000 per project. 
448 

•HR 1865 EAH 

1 For fiscal year 2020, and notwithstanding section 

2 518(f) of the Federal Water Pollution Control Act (33 

3 U.S.C. 1377(f)), the Administrator is authorized to use the 

4 amounts appropriated for any fiscal year under section 319 

5 of the Act to make grants to Indian tribes pursuant to sec6 tions 319(h) and 518(e) of that Act. 

7 The Administrator is authorized to use the amounts 

8 appropriated under the heading ‘‘Environmental Programs 

9 and Management’’ for fiscal year 2020 to provide grants 

10 to implement the Southeastern New England Watershed 

11 Restoration Program. 

12 Notwithstanding the limitations on amounts in section 

13 320(i)(2)(B) of the Federal Water Pollution Control Act, 

14 not less than $1,350,000 of the funds made available under 

15 this title for the National Estuary Program shall be for 

16 making competitive awards described in section 320(g)(4). 

17 The fourth paragraph under heading ‘‘Administrative 

18 Provisions’’ in title II of Public Law 109–54 is amended 

19 by striking ‘‘2020’’ and inserting ‘‘2025’’. 
449 

•HR 1865 EAH 

1 TITLE III 

2 RELATED AGENCIES 

3 DEPARTMENT OF AGRICULTURE 

4 OFFICE OF THE UNDER SECRETARY FOR NATURAL

5 RESOURCES AND ENVIRONMENT

6 For necessary expenses of the Office of the Under Sec7 retary for Natural Resources and Environment, $875,000: 

8 Provided, That funds made available by this Act to any 

9 agency in the Natural Resources and Environment mission 

10 area for salaries and expenses are available to fund up to 

11 one administrative support staff for the office. 

12 FOREST SERVICE

13 FOREST AND RANGELAND RESEARCH

14 For necessary expenses of forest and rangeland re15 search as authorized by law, $305,000,000, to remain avail16 able through September 30, 2023: Provided, That of the 

17 funds provided, $77,000,000 is for the forest inventory and 

18 analysis program: Provided further, That all authorities for 

19 the use of funds, including the use of contracts, grants, and 

20 cooperative agreements, available to execute the Forest and 

21 Rangeland Research appropriation, are also available in 

22 the utilization of these funds for Fire Science Research. 

23 STATE AND PRIVATE FORESTRY

24 For necessary expenses of cooperating with and pro25 viding technical and financial assistance to States, terri-
450 

•HR 1865 EAH 

1 tories, possessions, and others, and for forest health manage2 ment, and conducting an international program as author3 ized, $346,990,000, to remain available through September 

4 30, 2023, as authorized by law; of which $63,990,000 is to 

5 be derived from the Land and Water Conservation Fund 

6 to be used for the Forest Legacy Program, to remain avail7 able until expended. 

8 NATIONAL FOREST SYSTEM

9 For necessary expenses of the Forest Service, not other10 wise provided for, for management, protection, improve11 ment, and utilization of the National Forest System, and 

12 for hazardous fuels management on or adjacent to such 

13 lands, $1,957,510,000, to remain available through Sep14 tember 30, 2023: Provided, That of the funds provided, 

15 $40,000,000 shall be deposited in the Collaborative Forest 

16 Landscape Restoration Fund for ecological restoration 

17 treatments as authorized by 16 U.S.C. 7303(f): Provided 

18 further, That of the funds provided, $373,000,000 shall be 

19 for forest products: Provided further, That of the funds pro20 vided, $445,310,000 shall be for hazardous fuels manage21 ment activities, of which not to exceed $15,000,000 may be 

22 used to make grants, using any authorities available to the 

23 Forest Service under the ‘‘State and Private Forestry’’ ap24 propriation, for the purpose of creating incentives for in25 creased use of biomass from National Forest System lands: 
451 

•HR 1865 EAH 

1 Provided further, That $20,000,000 may be used by the Sec2 retary of Agriculture to enter into procurement contracts 

3 or cooperative agreements or to issue grants for hazardous 

4 fuels management activities, and for training or moni5 toring associated with such hazardous fuels management 

6 activities on Federal land, or on non-Federal land if the 

7 Secretary determines such activities benefit resources on 

8 Federal land: Provided further, That funds made available 

9 to implement the Community Forestry Restoration Act, 

10 Public Law 106–393, title VI, shall be available for use on 

11 non-Federal lands in accordance with authorities made 

12 available to the Forest Service under the ‘‘State and Private 

13 Forestry’’ appropriations: Provided further, That notwith14 standing section 33 of the Bankhead Jones Farm Tenant 

15 Act (7 U.S.C. 1012), the Secretary of Agriculture, in calcu16 lating a fee for grazing on a National Grassland, may pro17 vide a credit of up to 50 percent of the calculated fee to 

18 a Grazing Association or direct permittee for a conservation 

19 practice approved by the Secretary in advance of the fiscal 

20 year in which the cost of the conservation practice is in21 curred. And, that the amount credited shall remain avail22 able to the Grazing Association or the direct permittee, as 

23 appropriate, in the fiscal year in which the credit is made 

24 and each fiscal year thereafter for use on the project for 

25 conservation practices approved by the Secretary. 
452 

•HR 1865 EAH 

1 CAPITAL IMPROVEMENT AND MAINTENANCE

2 (INCLUDING TRANSFER OF FUNDS)

3 For necessary expenses of the Forest Service, not other4 wise provided for, $455,000,000, to remain available 

5 through September 30, 2023, for construction, capital im6 provement, maintenance and acquisition of buildings and 

7 other facilities and infrastructure; and for construction, re8 construction, decommissioning of roads that are no longer 

9 needed, including unauthorized roads that are not part of 

10 the transportation system, and maintenance of forest roads 

11 and trails by the Forest Service as authorized by 16 U.S.C. 

12 532–538 and 23 U.S.C. 101 and 205: Provided, That funds 

13 becoming available in fiscal year 2020 under the Act of 

14 March 4, 1913 (16 U.S.C. 501) shall be transferred to the 

15 General Fund of the Treasury and shall not be available 

16 for transfer or obligation for any other purpose unless the 

17 funds are appropriated. 

18 LAND ACQUISITION

19 (INCLUDING RESCISSION OF FUNDS)

20 For expenses necessary to carry out the provisions of 

21 chapter 2003 of title 54, United States Code, including ad22 ministrative expenses, and for acquisition of land or waters, 

23 or interest therein, in accordance with statutory authority 

24 applicable to the Forest Service, $78,898,000, to be derived 
453 

•HR 1865 EAH 

1 from the Land and Water Conservation Fund and to re2 main available until expended. 

3 Of the unobligated balances from amounts made avail4 able for Forest Service and derived from the Land and 

5 Water Conservation Fund, $2,000,000 is hereby perma6 nently rescinded from projects with cost savings or failed 

7 projects or partially failed that had funds returned: Pro8 vided, That no amounts may be rescinded from amounts 

9 that were designated by the Congress as an emergency re10 quirement pursuant to the Concurrent Resolution on the 

11 Budget or the Balanced Budget and Emergency Deficit 

12 Control Act of 1985. 

13 ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL

14 ACTS

15 For acquisition of lands within the exterior boundaries 

16 of the Cache, Uinta, and Wasatch National Forests, Utah; 

17 the Toiyabe National Forest, Nevada; and the Angeles, San 

18 Bernardino, Sequoia, and Cleveland National Forests, Cali19 fornia; and the Ozark-St. Francis and Ouachita National 

20 Forests, Arkansas; as authorized by law, $700,000, to be 

21 derived from forest receipts. 

22 ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES

23 For acquisition of lands, such sums, to be derived from 

24 funds deposited by State, county, or municipal govern25 ments, public school districts, or other public school authori-
454 

•HR 1865 EAH 

1 ties, and for authorized expenditures from funds deposited 

2 by non-Federal parties pursuant to Land Sale and Ex3 change Acts, pursuant to the Act of December 4, 1967 (16 

4 U.S.C. 484a), to remain available through September 30, 

5 2023, (16 U.S.C. 516–617a, 555a; Public Law 96–586; Pub6 lic Law 76–589, 76–591; and Public Law 78–310). 

7 RANGE BETTERMENT FUND

8 For necessary expenses of range rehabilitation, protec9 tion, and improvement, 50 percent of all moneys received 

10 during the prior fiscal year, as fees for grazing domestic 

11 livestock on lands in National Forests in the 16 Western 

12 States, pursuant to section 401(b)(1) of Public Law 94– 

13 579, to remain available through September 30, 2023, of 

14 which not to exceed 6 percent shall be available for adminis15 trative expenses associated with on-the-ground range reha16 bilitation, protection, and improvements. 

17 GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND

18 RANGELAND RESEARCH

19 For expenses authorized by 16 U.S.C. 1643(b), 

20 $45,000, to remain available through September 30, 2023, 

21 to be derived from the fund established pursuant to the 

22 above Act. 
455 

•HR 1865 EAH 

1 MANAGEMENT OF NATIONAL FOREST LANDS FOR

2 SUBSISTENCE USES

3 For necessary expenses of the Forest Service to manage 

4 Federal lands in Alaska for subsistence uses under title VIII 

5 of the Alaska National Interest Lands Conservation Act (16 

6 U.S.C. 3111 et seq.), $2,500,000, to remain available 

7 through September 30, 2023. 

8 WILDLAND FIRE MANAGEMENT

9 (INCLUDING TRANSFERS OF FUNDS)

10 For necessary expenses for forest fire presuppression 

11 activities on National Forest System lands, for emergency 

12 wildland fire suppression on or adjacent to such lands or 

13 other lands under fire protection agreement, and for emer14 gency rehabilitation of burned-over National Forest System 

15 lands and water, $2,350,620,000, to remain available until 

16 expended: Provided, That such funds including unobligated 

17 balances under this heading, are available for repayment 

18 of advances from other appropriations accounts previously 

19 transferred for such purposes: Provided further, That any 

20 unobligated funds appropriated in a previous fiscal year 

21 for hazardous fuels management may be transferred to the 

22 ‘‘National Forest System’’ account: Provided further, That 

23 such funds shall be available to reimburse State and other 

24 cooperating entities for services provided in response to 

25 wildfire and other emergencies or disasters to the extent 
456 

•HR 1865 EAH 

1 such reimbursements by the Forest Service for non-fire 

2 emergencies are fully repaid by the responsible emergency 

3 management agency: Provided further, That funds provided 

4 shall be available for support to Federal emergency re5 sponse: Provided further, That the costs of implementing 

6 any cooperative agreement between the Federal Government 

7 and any non-Federal entity may be shared, as mutually 

8 agreed on by the affected parties: Provided further, That 

9 of the funds provided under this heading, $1,011,000,000 

10 shall be available for wildfire suppression operations, and 

11 is provided to the meet the terms of section 

12 251(b)(2)(F)(ii)(I) of the Balanced Budget and Emergency 

13 Deficit Control Act of 1985, as amended. 

14 WILDFIRE SUPPRESSION OPERATIONS RESERVE FUND

15 (INCLUDING TRANSFERS OF FUNDS)

16 In addition to the amounts provided under the heading 

17 ‘‘Department of Agriculture—Forest Service—Wildland 

18 Fire Management’’ for wildfire suppression operations, 

19 $1,950,000,000, to remain available until transferred, is ad20 ditional new budget authority as specified for purposes of 

21 section 251(b)(2)(F) of the Balanced Budget and Emer22 gency Deficit Control Act of 1985: Provided, That such 

23 amounts may be transferred to and merged with amounts 

24 made available under the headings ‘‘Department of the Inte25 rior—Department-Wide Programs—Wildland Fire Man-
457 

•HR 1865 EAH 

1 agement’’ and ‘‘Department of Agriculture—Forest Serv2 ice—Wildland Fire Management’’ for wildfire suppression 

3 operations in the fiscal year in which such amounts are 

4 transferred: Provided further, That amounts may be trans5 ferred to the ‘‘Wildland Fire Management’’ accounts in the 

6 Department of the Interior or the Department of Agri7 culture only upon the notification of the House and Senate 

8 Committees on Appropriations that all wildfire suppression 

9 operations funds appropriated under that heading in this 

10 and prior appropriations Acts to the agency to which the 

11 funds will be transferred will be obligated within 30 days: 

12 Provided further, That the transfer authority provided 

13 under this heading is in addition to any other transfer au14 thority provided by law. 

15 COMMUNICATIONS SITE ADMINISTRATION

16 Amounts collected in this fiscal year pursuant to sec17 tion 8705(f)(2) of the Agriculture Improvement Act of 2018 

18 (Public Law 115–334), as amended by this Act, shall be 

19 deposited in the special account established by section 

20 8705(f)(1) of such Act, shall be available to cover the costs 

21 described in subsection (c)(3) of such section of such Act, 

22 and shall remain available until expended: Provided, That 

23 such amounts shall be transferred to the ‘‘National Forest 

24 System’’ account. 
458 

•HR 1865 EAH 

1 ADMINISTRATIVE PROVISIONS—FOREST SERVICE

2 (INCLUDING TRANSFERS OF FUNDS)

3 Appropriations to the Forest Service for the current 

4 fiscal year shall be available for: (1) purchase of passenger 

5 motor vehicles; acquisition of passenger motor vehicles from 

6 excess sources, and hire of such vehicles; purchase, lease, op7 eration, maintenance, and acquisition of aircraft to main8 tain the operable fleet for use in Forest Service wildland 

9 fire programs and other Forest Service programs; notwith10 standing other provisions of law, existing aircraft being re11 placed may be sold, with proceeds derived or trade-in value 

12 used to offset the purchase price for the replacement air13 craft; (2) services pursuant to 7 U.S.C. 2225, and not to 

14 exceed $100,000 for employment under 5 U.S.C. 3109; (3) 

15 purchase, erection, and alteration of buildings and other 

16 public improvements (7 U.S.C. 2250); (4) acquisition of 

17 land, waters, and interests therein pursuant to 7 U.S.C. 

18 428a; (5) for expenses pursuant to the Volunteers in the Na19 tional Forest Act of 1972 (16 U.S.C. 558a, 558d, and 558a 

20 note); (6) the cost of uniforms as authorized by 5 U.S.C. 

21 5901–5902; and (7) for debt collection contracts in accord22 ance with 31 U.S.C. 3718(c). 

23 Any appropriations or funds available to the Forest 

24 Service may be transferred to the Wildland Fire Manage25 ment appropriation for forest firefighting, emergency reha-
459 

•HR 1865 EAH 

1 bilitation of burned-over or damaged lands or waters under 

2 its jurisdiction, and fire preparedness due to severe burning 

3 conditions upon the Secretary’s notification of the House 

4 and Senate Committees on Appropriations that all fire sup5 pression funds appropriated under the heading ‘‘Wildland 

6 Fire Management’’ will be obligated within 30 days: Pro7 vided, That all funds used pursuant to this paragraph must 

8 be replenished by a supplemental appropriation which must 

9 be requested as promptly as possible. 

10 Not more than $50,000,000 of funds appropriated to 

11 the Forest Service shall be available for expenditure or 

12 transfer to the Department of the Interior for wildland fire 

13 management, hazardous fuels management, and State fire 

14 assistance when such transfers would facilitate and expedite 

15 wildland fire management programs and projects. 

16 Notwithstanding any other provision of this Act, the 

17 Forest Service may transfer unobligated balances of discre18 tionary funds appropriated to the Forest Service by this 

19 Act to or within the National Forest System Account, or 

20 reprogram funds to be used for the purposes of hazardous 

21 fuels management and urgent rehabilitation of burned-over 

22 National Forest System lands and water, such transferred 

23 funds shall remain available through September 30, 2023: 

24 Provided, That none of the funds transferred pursuant to 

25 this section shall be available for obligation without written 
460 

•HR 1865 EAH 

1 notification to and the prior approval of the Committees 

2 on Appropriations of both Houses of Congress: Provided 

3 further, That this section does not apply to funds derived 

4 from the Land and Water Conservation Fund. 

5 Funds appropriated to the Forest Service shall be 

6 available for assistance to or through the Agency for Inter7 national Development in connection with forest and range8 land research, technical information, and assistance in for9 eign countries, and shall be available to support forestry 

10 and related natural resource activities outside the United 

11 States and its territories and possessions, including tech12 nical assistance, education and training, and cooperation 

13 with U.S., private, and international organizations. The 

14 Forest Service, acting for the International Program, may 

15 sign direct funding agreements with foreign governments 

16 and institutions as well as other domestic agencies (includ17 ing the U.S. Agency for International Development, the De18 partment of State, and the Millennium Challenge Corpora19 tion), U.S. private sector firms, institutions and organiza20 tions to provide technical assistance and training programs 

21 overseas on forestry and rangeland management. 

22 Funds appropriated to the Forest Service shall be 

23 available for expenditure or transfer to the Department of 

24 the Interior, Bureau of Land Management, for removal, 

25 preparation, and adoption of excess wild horses and burros 
461 

•HR 1865 EAH 

1 from National Forest System lands, and for the perform2 ance of cadastral surveys to designate the boundaries of such 

3 lands. 

4 None of the funds made available to the Forest Service 

5 in this Act or any other Act with respect to any fiscal year 

6 shall be subject to transfer under the provisions of section 

7 702(b) of the Department of Agriculture Organic Act of 

8 1944 (7 U.S.C. 2257), section 442 of Public Law 106–224 

9 (7 U.S.C. 7772), or section 10417(b) of Public Law 107– 

10 171 (7 U.S.C. 8316(b)). 

11 Not more than $82,000,000 of funds available to the 

12 Forest Service shall be transferred to the Working Capital 

13 Fund of the Department of Agriculture and not more than 

14 $14,500,000 of funds available to the Forest Service shall 

15 be transferred to the Department of Agriculture for Depart16 ment Reimbursable Programs, commonly referred to as 

17 Greenbook charges. Nothing in this paragraph shall pro18 hibit or limit the use of reimbursable agreements requested 

19 by the Forest Service in order to obtain information tech20 nology services, including telecommunications and system 

21 modifications or enhancements, from the Working Capital 

22 Fund of the Department of Agriculture. 

23 Of the funds available to the Forest Service, up to 

24 $5,000,000 shall be available for priority projects within 

25 the scope of the approved budget, which shall be carried out 
462 

•HR 1865 EAH 

1 by the Youth Conservation Corps and shall be carried out 

2 under the authority of the Public Lands Corps Act of 1993 

3 (16 U.S.C. 1721 et seq.). 

4 Of the funds available to the Forest Service, $4,000 is 

5 available to the Chief of the Forest Service for official recep6 tion and representation expenses. 

7 Pursuant to sections 405(b) and 410(b) of Public Law 

8 101–593, of the funds available to the Forest Service, up 

9 to $3,000,000 may be advanced in a lump sum to the Na10 tional Forest Foundation to aid conservation partnership 

11 projects in support of the Forest Service mission, without 

12 regard to when the Foundation incurs expenses, for projects 

13 on or benefitting National Forest System lands or related 

14 to Forest Service programs: Provided, That of the Federal 

15 funds made available to the Foundation, no more than 

16 $300,000 shall be available for administrative expenses: 

17 Provided further, That the Foundation shall obtain, by the 

18 end of the period of Federal financial assistance, private 

19 contributions to match funds made available by the Forest 

20 Service on at least a one-for-one basis: Provided further, 

21 That the Foundation may transfer Federal funds to a Fed22 eral or a non-Federal recipient for a project at the same 

23 rate that the recipient has obtained the non-Federal match24 ing funds. 
463 

•HR 1865 EAH 

1 Pursuant to section 2(b)(2) of Public Law 98–244, up 

2 to $3,000,000 of the funds available to the Forest Service 

3 may be advanced to the National Fish and Wildlife Foun4 dation in a lump sum to aid cost-share conservation 

5 projects, without regard to when expenses are incurred, on 

6 or benefitting National Forest System lands or related to 

7 Forest Service programs: Provided, That such funds shall 

8 be matched on at least a one-for-one basis by the Founda9 tion or its sub-recipients: Provided further, That the Foun10 dation may transfer Federal funds to a Federal or non11 Federal recipient for a project at the same rate that the 

12 recipient has obtained the non-Federal matching funds. 

13 Funds appropriated to the Forest Service shall be 

14 available for interactions with and providing technical as15 sistance to rural communities and natural resource-based 

16 businesses for sustainable rural development purposes. 

17 Funds appropriated to the Forest Service shall be 

18 available for payments to counties within the Columbia 

19 River Gorge National Scenic Area, pursuant to section 

20 14(c)(1) and (2), and section 16(a)(2) of Public Law 99– 

21 663. 

22 Any funds appropriated to the Forest Service may be 

23 used to meet the non-Federal share requirement in section 

24 502(c) of the Older Americans Act of 1965 (42 U.S.C. 

25 3056(c)(2)). 
464 

•HR 1865 EAH 

1 The Forest Service shall not assess funds for the pur2 pose of performing fire, administrative, and other facilities 

3 maintenance and decommissioning. 

4 Notwithstanding any other provision of law, of any 

5 appropriations or funds available to the Forest Service, not 

6 to exceed $500,000 may be used to reimburse the Office of 

7 the General Counsel (OGC), Department of Agriculture, for 

8 travel and related expenses incurred as a result of OGC as9 sistance or participation requested by the Forest Service at 

10 meetings, training sessions, management reviews, land pur11 chase negotiations and similar matters unrelated to civil 

12 litigation. Future budget justifications for both the Forest 

13 Service and the Department of Agriculture should clearly 

14 display the sums previously transferred and the sums re15 quested for transfer. 

16 An eligible individual who is employed in any project 

17 funded under title V of the Older Americans Act of 1965 

18 (42 U.S.C. 3056 et seq.) and administered by the Forest 

19 Service shall be considered to be a Federal employee for pur20 poses of chapter 171 of title 28, United States Code. 

21 Notwithstanding any other provision of this Act, 

22 through the Office of Budget and Program Analysis, the 

23 Forest Service shall report no later than 30 business days 

24 following the close of each fiscal quarter all current and 

25 prior year unobligated balances, by fiscal year, budget line 
465 

•HR 1865 EAH 

1 item and account, to the House and Senate Committees on 

2 Appropriations. 

3 DEPARTMENT OF HEALTH AND HUMAN 

4 SERVICES 

5 INDIAN HEALTH SERVICE

6 INDIAN HEALTH SERVICES

7 For expenses necessary to carry out the Act of August 

8 5, 1954 (68 Stat. 674), the Indian Self-Determination and 

9 Education Assistance Act, the Indian Health Care Improve10 ment Act, and titles II and III of the Public Health Service 

11 Act with respect to the Indian Health Service, 

12 $4,315,205,000 to remain available until September 30, 

13 2021, except as otherwise provided herein, together with 

14 payments received during the fiscal year pursuant to sec15 tions 231(b) and 233 of the Public Health Service Act (42 

16 U.S.C. 238(b) and 238b), for services furnished by the In17 dian Health Service: Provided, That funds made available 

18 to tribes and tribal organizations through contracts, grant 

19 agreements, or any other agreements or compacts authorized 

20 by the Indian Self-Determination and Education Assist21 ance Act of 1975 (25 U.S.C. 450), shall be deemed to be 

22 obligated at the time of the grant or contract award and 

23 thereafter shall remain available to the tribe or tribal orga24 nization without fiscal year limitation: Provided further, 

25 That $2,000,000 shall be available for grants or contracts 
466 

•HR 1865 EAH 

1 with public or private institutions to provide alcohol or 

2 drug treatment services to Indians, including alcohol de3 toxification services: Provided further, That $964,819,000 

4 for Purchased/Referred Care, including $53,000,000 for the 

5 Indian Catastrophic Health Emergency Fund, shall remain 

6 available until expended: Provided further, That of the 

7 funds provided, up to $40,000,000 shall remain available 

8 until expended for implementation of the loan repayment 

9 program under section 108 of the Indian Health Care Im10 provement Act: Provided further, That of the funds pro11 vided, $125,000,000 shall remain available until expended 

12 to supplement funds available for operational costs at tribal 

13 clinics operated under an Indian Self-Determination and 

14 Education Assistance Act compact or contract where health 

15 care is delivered in space acquired through a full service 

16 lease, which is not eligible for maintenance and improve17 ment and equipment funds from the Indian Health Service, 

18 and $58,000,000 shall be for costs related to or resulting 

19 from accreditation emergencies, including supplementing 

20 activities funded under the heading ‘‘Indian Health Facili21 ties,’’ of which up to $4,000,000 may be used to supplement 

22 amounts otherwise available for Purchased/Referred Care: 

23 Provided further, That the amounts collected by the Federal 

24 Government as authorized by sections 104 and 108 of the 

25 Indian Health Care Improvement Act (25 U.S.C. 1613a 
467 

•HR 1865 EAH 

1 and 1616a) during the preceding fiscal year for breach of 

2 contracts shall be deposited in the Fund authorized by sec3 tion 108A of that Act (25 U.S.C. 1616a–1) and shall re4 main available until expended and, notwithstanding section 

5 108A(c) of that Act (25 U.S.C. 1616a–1(c)), funds shall be 

6 available to make new awards under the loan repayment 

7 and scholarship programs under sections 104 and 108 of 

8 that Act (25 U.S.C. 1613a and 1616a): Provided further, 

9 That the amounts made available within this account for 

10 the Substance Abuse and Suicide Prevention Program, for 

11 Opioid Prevention, Treatment and Recovery Services, for 

12 the Domestic Violence Prevention Program, for the Zero 

13 Suicide Initiative, for the housing subsidy authority for ci14 vilian employees, for Aftercare Pilot Programs at Youth Re15 gional Treatment Centers, for transformation and mod16 ernization costs of the Indian Health Service Electronic 

17 Health Record system, for national quality and oversight 

18 activities, to improve collections from public and private 

19 insurance at Indian Health Service and tribally operated 

20 facilities, and for accreditation emergencies shall be allo21 cated at the discretion of the Director of the Indian Health 

22 Service and shall remain available until expended: Pro23 vided further, That funds provided in this Act may be used 

24 for annual contracts and grants that fall within 2 fiscal 

25 years, provided the total obligation is recorded in the year 
468 

•HR 1865 EAH 

1 the funds are appropriated: Provided further, That the 

2 amounts collected by the Secretary of Health and Human 

3 Services under the authority of title IV of the Indian Health 

4 Care Improvement Act (25 U.S.C. 1613) shall remain 

5 available until expended for the purpose of achieving com6 pliance with the applicable conditions and requirements of 

7 titles XVIII and XIX of the Social Security Act, except for 

8 those related to the planning, design, or construction of new 

9 facilities: Provided further, That funding contained herein 

10 for scholarship programs under the Indian Health Care Im11 provement Act (25 U.S.C. 1613) shall remain available 

12 until expended: Provided further, That amounts received by 

13 tribes and tribal organizations under title IV of the Indian 

14 Health Care Improvement Act shall be reported and ac15 counted for and available to the receiving tribes and tribal 

16 organizations until expended: Provided further, That the 

17 Bureau of Indian Affairs may collect from the Indian 

18 Health Service, and from tribes and tribal organizations 

19 operating health facilities pursuant to Public Law 93–638, 

20 such individually identifiable health information relating 

21 to disabled children as may be necessary for the purpose 

22 of carrying out its functions under the Individuals with 

23 Disabilities Education Act (20 U.S.C. 1400 et seq.): Pro24 vided further, That of the funds provided, $72,280,000 is 

25 for the Indian Health Care Improvement Fund and may 
469 

•HR 1865 EAH 

1 be used, as needed, to carry out activities typically funded 

2 under the Indian Health Facilities account: Provided fur3 ther, That none of the funds appropriated by this Act to 

4 the Indian Health Service for the Electronic Health Record 

5 system shall be available for obligation or expenditure for 

6 the selection or implementation of a new Information Tech7 nology infrastructure system, unless the Committees on Ap8 propriations of the House of Representatives and the Senate 

9 are consulted 90 days in advance of such obligation. 

10 CONTRACT SUPPORT COSTS

11 For payments to tribes and tribal organizations for 

12 contract support costs associated with Indian Self-Deter13 mination and Education Assistance Act agreements with 

14 the Indian Health Service for fiscal year 2020, such sums 

15 as may be necessary: Provided, That notwithstanding any 

16 other provision of law, no amounts made available under 

17 this heading shall be available for transfer to another budget 

18 account. 

19 INDIAN HEALTH FACILITIES

20 For construction, repair, maintenance, improvement, 

21 and equipment of health and related auxiliary facilities, in22 cluding quarters for personnel; preparation of plans, speci23 fications, and drawings; acquisition of sites, purchase and 

24 erection of modular buildings, and purchases of trailers; 

25 and for provision of domestic and community sanitation 
470 

•HR 1865 EAH 

1 facilities for Indians, as authorized by section 7 of the Act 

2 of August 5, 1954 (42 U.S.C. 2004a), the Indian Self-Deter3 mination Act, and the Indian Health Care Improvement 

4 Act, and for expenses necessary to carry out such Acts and 

5 titles II and III of the Public Health Service Act with re6 spect to environmental health and facilities support activi7 ties of the Indian Health Service, $911,889,000 to remain 

8 available until expended: Provided, That notwithstanding 

9 any other provision of law, funds appropriated for the plan10 ning, design, construction, renovation or expansion of 

11 health facilities for the benefit of an Indian tribe or tribes 

12 may be used to purchase land on which such facilities will 

13 be located: Provided further, That not to exceed $500,000 

14 may be used by the Indian Health Service to purchase 

15 TRANSAM equipment from the Department of Defense for 

16 distribution to the Indian Health Service and tribal facili17 ties: Provided further, That none of the funds appropriated 

18 to the Indian Health Service may be used for sanitation 

19 facilities construction for new homes funded with grants by 

20 the housing programs of the United States Department of 

21 Housing and Urban Development: Provided further, That 

22 not to exceed $2,700,000 from this account and the ‘‘Indian 

23 Health Services’’ account may be used by the Indian Health 

24 Service to obtain ambulances for the Indian Health Service 

25 and tribal facilities in conjunction with an existing inter-
471 

•HR 1865 EAH 

1 agency agreement between the Indian Health Service and 

2 the General Services Administration: Provided further, 

3 That not to exceed $500,000 may be placed in a Demolition 

4 Fund, to remain available until expended, and be used by 

5 the Indian Health Service for the demolition of Federal 

6 buildings. 

7 ADMINISTRATIVE PROVISIONS—INDIAN HEALTH SERVICE

8 Appropriations provided in this Act to the Indian 

9 Health Service shall be available for services as authorized 

10 by 5 U.S.C. 3109 at rates not to exceed the per diem rate 

11 equivalent to the maximum rate payable for senior-level po12 sitions under 5 U.S.C. 5376; hire of passenger motor vehi13 cles and aircraft; purchase of medical equipment; purchase 

14 of reprints; purchase, renovation and erection of modular 

15 buildings and renovation of existing facilities; payments for 

16 telephone service in private residences in the field, when au17 thorized under regulations approved by the Secretary of 

18 Health and Human Services; uniforms or allowances there19 for as authorized by 5 U.S.C. 5901–5902; and for expenses 

20 of attendance at meetings that relate to the functions or ac21 tivities of the Indian Health Service: Provided, That in ac22 cordance with the provisions of the Indian Health Care Im23 provement Act, non-Indian patients may be extended health 

24 care at all tribally administered or Indian Health Service 

25 facilities, subject to charges, and the proceeds along with 
472 

•HR 1865 EAH 

1 funds recovered under the Federal Medical Care Recovery 

2 Act (42 U.S.C. 2651–2653) shall be credited to the account 

3 of the facility providing the service and shall be available 

4 without fiscal year limitation: Provided further, That not5 withstanding any other law or regulation, funds transferred 

6 from the Department of Housing and Urban Development 

7 to the Indian Health Service shall be administered under 

8 Public Law 86–121, the Indian Sanitation Facilities Act 

9 and Public Law 93–638: Provided further, That funds ap10 propriated to the Indian Health Service in this Act, except 

11 those used for administrative and program direction pur12 poses, shall not be subject to limitations directed at cur13 tailing Federal travel and transportation: Provided further, 

14 That none of the funds made available to the Indian Health 

15 Service in this Act shall be used for any assessments or 

16 charges by the Department of Health and Human Services 

17 unless identified in the budget justification and provided 

18 in this Act, or approved by the House and Senate Commit19 tees on Appropriations through the reprogramming process: 

20 Provided further, That notwithstanding any other provision 

21 of law, funds previously or herein made available to a tribe 

22 or tribal organization through a contract, grant, or agree23 ment authorized by title I or title V of the Indian Self24 Determination and Education Assistance Act of 1975 (25 

25 U.S.C. 450 et seq.), may be deobligated and reobligated to 
473 

•HR 1865 EAH 

1 a self-determination contract under title I, or a self-govern2 ance agreement under title V of such Act and thereafter 

3 shall remain available to the tribe or tribal organization 

4 without fiscal year limitation: Provided further, That none 

5 of the funds made available to the Indian Health Service 

6 in this Act shall be used to implement the final rule pub7 lished in the Federal Register on September 16, 1987, by 

8 the Department of Health and Human Services, relating 

9 to the eligibility for the health care services of the Indian 

10 Health Service until the Indian Health Service has sub11 mitted a budget request reflecting the increased costs associ12 ated with the proposed final rule, and such request has been 

13 included in an appropriations Act and enacted into law: 

14 Provided further, That with respect to functions transferred 

15 by the Indian Health Service to tribes or tribal organiza16 tions, the Indian Health Service is authorized to provide 

17 goods and services to those entities on a reimbursable basis, 

18 including payments in advance with subsequent adjust19 ment, and the reimbursements received therefrom, along 

20 with the funds received from those entities pursuant to the 

21 Indian Self-Determination Act, may be credited to the same 

22 or subsequent appropriation account from which the funds 

23 were originally derived, with such amounts to remain 

24 available until expended: Provided further, That reimburse25 ments for training, technical assistance, or services pro-
474 

•HR 1865 EAH 

1 vided by the Indian Health Service will contain total costs, 

2 including direct, administrative, and overhead costs associ3 ated with the provision of goods, services, or technical as4 sistance: Provided further, That the Indian Health Service 

5 may provide to civilian medical personnel serving in hos6 pitals operated by the Indian Health Service housing allow7 ances equivalent to those that would be provided to members 

8 of the Commissioned Corps of the United States Public 

9 Health Service serving in similar positions at such hos10 pitals: Provided further, That the appropriation structure 

11 for the Indian Health Service may not be altered without 

12 advance notification to the House and Senate Committees 

13 on Appropriations. 

14 NATIONAL INSTITUTES OF HEALTH

15 NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH

16 SCIENCES

17 For necessary expenses for the National Institute of 

18 Environmental Health Sciences in carrying out activities 

19 set forth in section 311(a) of the Comprehensive Environ20 mental Response, Compensation, and Liability Act of 1980 

21 (42 U.S.C. 9660(a)) and section 126(g) of the Superfund 

22 Amendments and Reauthorization Act of 1986, 

23 $81,000,000. 
475 

•HR 1865 EAH 

1 AGENCY FOR TOXIC SUBSTANCES AND DISEASE REGISTRY

2 TOXIC SUBSTANCES AND ENVIRONMENTAL PUBLIC HEALTH

3 For necessary expenses for the Agency for Toxic Sub4 stances and Disease Registry (ATSDR) in carrying out ac5 tivities set forth in sections 104(i) and 111(c)(4) of the 

6 Comprehensive Environmental Response, Compensation, 

7 and Liability Act of 1980 (CERCLA) and section 3019 of 

8 the Solid Waste Disposal Act, $76,691,000: Provided, That 

9 notwithstanding any other provision of law, in lieu of per10 forming a health assessment under section 104(i)(6) of 

11 CERCLA, the Administrator of ATSDR may conduct other 

12 appropriate health studies, evaluations, or activities, in13 cluding, without limitation, biomedical testing, clinical 

14 evaluations, medical monitoring, and referral to accredited 

15 healthcare providers: Provided further, That in performing 

16 any such health assessment or health study, evaluation, or 

17 activity, the Administrator of ATSDR shall not be bound 

18 by the deadlines in section 104(i)(6)(A) of CERCLA: Pro19 vided further, That none of the funds appropriated under 

20 this heading shall be available for ATSDR to issue in excess 

21 of 40 toxicological profiles pursuant to section 104(i) of 

22 CERCLA during fiscal year 2020, and existing profiles 

23 may be updated as necessary. 
476 

•HR 1865 EAH 

1 OTHER RELATED AGENCIES 

2 EXECUTIVE OFFICE OF THE PRESIDENT

3 COUNCIL ON ENVIRONMENTAL QUALITY AND OFFICE OF

4 ENVIRONMENTAL QUALITY

5 For necessary expenses to continue functions assigned 

6 to the Council on Environmental Quality and Office of En7 vironmental Quality pursuant to the National Environ8 mental Policy Act of 1969, the Environmental Quality Im9 provement Act of 1970, and Reorganization Plan No. 1 of 

10 1977, and not to exceed $750 for official reception and rep11 resentation expenses, $2,994,000: Provided, That notwith12 standing section 202 of the National Environmental Policy 

13 Act of 1970, the Council shall consist of one member, ap14 pointed by the President, by and with the advice and con15 sent of the Senate, serving as chairman and exercising all 

16 powers, functions, and duties of the Council. 

17 CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD

18 SALARIES AND EXPENSES

19 For necessary expenses in carrying out activities pur20 suant to section 112(r)(6) of the Clean Air Act, including 

21 hire of passenger vehicles, uniforms or allowances therefor, 

22 as authorized by 5 U.S.C. 5901–5902, and for services au23 thorized by 5 U.S.C. 3109 but at rates for individuals not 

24 to exceed the per diem equivalent to the maximum rate pay25 able for senior level positions under 5 U.S.C. 5376, 
477 

•HR 1865 EAH 

1 $12,000,000: Provided, That the Chemical Safety and Haz2 ard Investigation Board (Board) shall have not more than 

3 three career Senior Executive Service positions: Provided 

4 further, That notwithstanding any other provision of law, 

5 the individual appointed to the position of Inspector Gen6 eral of the Environmental Protection Agency (EPA) shall, 

7 by virtue of such appointment, also hold the position of In8 spector General of the Board: Provided further, That not9 withstanding any other provision of law, the Inspector Gen10 eral of the Board shall utilize personnel of the Office of In11 spector General of EPA in performing the duties of the In12 spector General of the Board, and shall not appoint any 

13 individuals to positions within the Board. 

14 OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION

15 SALARIES AND EXPENSES

16 For necessary expenses of the Office of Navajo and 

17 Hopi Indian Relocation as authorized by Public Law 93– 

18 531, $7,500,000, to remain available until expended: Pro19 vided, That funds provided in this or any other appropria20 tions Act are to be used to relocate eligible individuals and 

21 groups including evictees from District 6, Hopi-partitioned 

22 lands residents, those in significantly substandard housing, 

23 and all others certified as eligible and not included in the 

24 preceding categories: Provided further, That none of the 

25 funds contained in this or any other Act may be used by 
478 

•HR 1865 EAH 

1 the Office of Navajo and Hopi Indian Relocation to evict 

2 any single Navajo or Navajo family who, as of November 

3 30, 1985, was physically domiciled on the lands partitioned 

4 to the Hopi Tribe unless a new or replacement home is pro5 vided for such household: Provided further, That no 

6 relocatee will be provided with more than one new or re7 placement home: Provided further, That the Office shall re8 locate any certified eligible relocatees who have selected and 

9 received an approved homesite on the Navajo reservation 

10 or selected a replacement residence off the Navajo reserva11 tion or on the land acquired pursuant to section 11 of Pub12 lic Law 93–531 (88 Stat. 1716). 

13 INSTITUTE OF AMERICAN INDIAN AND ALASKA NATIVE

14 CULTURE AND ARTS DEVELOPMENT

15 PAYMENT TO THE INSTITUTE

16 For payment to the Institute of American Indian and 

17 Alaska Native Culture and Arts Development, as authorized 

18 by part A of title XV of Public Law 99–498 (20 U.S.C. 

19 4411 et seq.), $10,458,000, which shall become available on 

20 July 1, 2020, and shall remain available until September 

21 30, 2021. 

22 SMITHSONIAN INSTITUTION

23 SALARIES AND EXPENSES

24 For necessary expenses of the Smithsonian Institution, 

25 as authorized by law, including research in the fields of art, 
479 

•HR 1865 EAH 

1 science, and history; development, preservation, and docu2 mentation of the National Collections; presentation of pub3 lic exhibits and performances; collection, preparation, dis4 semination, and exchange of information and publications; 

5 conduct of education, training, and museum assistance pro6 grams; maintenance, alteration, operation, lease agreements 

7 of no more than 30 years, and protection of buildings, fa8 cilities, and approaches; not to exceed $100,000 for services 

9 as authorized by 5 U.S.C. 3109; and purchase, rental, re10 pair, and cleaning of uniforms for employees, $793,658,000, 

11 to remain available until September 30, 2021, except as oth12 erwise provided herein; of which not to exceed $6,908,000 

13 for the instrumentation program, collections acquisition, 

14 exhibition reinstallation, and the repatriation of skeletal re15 mains program shall remain available until expended; and 

16 including such funds as may be necessary to support Amer17 ican overseas research centers: Provided, That funds appro18 priated herein are available for advance payments to inde19 pendent contractors performing research services or partici20 pating in official Smithsonian presentations: Provided fur21 ther, That the Smithsonian Institution may expend Federal 

22 appropriations designated in this Act for lease or rent pay23 ments, as rent payable to the Smithsonian Institution, and 

24 such rent payments may be deposited into the general trust 

25 funds of the Institution to be available as trust funds for 
480 

•HR 1865 EAH 

1 expenses associated with the purchase of a portion of the 

2 building at 600 Maryland Avenue, S.W., Washington, D.C. 

3 to the extent that Federally supported activities will be 

4 housed there: Provided further, That the use of such 

5 amounts in the general trust funds of the Institution for 

6 such purpose shall not be construed as Federal debt service 

7 for, a Federal guarantee of, a transfer of risk to, or an obli8 gation of the Federal Government: Provided further, That 

9 no appropriated funds may be used directly to service debt 

10 which is incurred to finance the costs of acquiring a portion 

11 of the building at 600 Maryland Avenue, S.W., Washington, 

12 D.C., or of planning, designing, and constructing improve13 ments to such building: Provided further, That any agree14 ment entered into by the Smithsonian Institution for the 

15 sale of its ownership interest, or any portion thereof, in such 

16 building so acquired may not take effect until the expiration 

17 of a 30 day period which begins on the date on which the 

18 Secretary submits to the Committees on Appropriations of 

19 the House of Representatives and Senate, the Committees 

20 on House Administration and Transportation and Infra21 structure of the House of Representatives, and the Com22 mittee on Rules and Administration of the Senate a report, 

23 as outlined in the explanatory statement described in sec24 tion 4 (in the matter preceding division A of this consoli25 dated Act), on the intended sale. 
481 

•HR 1865 EAH 

1 FACILITIES CAPITAL

2 For necessary expenses of repair, revitalization, and 

3 alteration of facilities owned or occupied by the Smithso4 nian Institution, by contract or otherwise, as authorized by 

5 section 2 of the Act of August 22, 1949 (63 Stat. 623), and 

6 for construction, including necessary personnel, 

7 $253,700,000, to remain available until expended, of which 

8 not to exceed $10,000 shall be for services as authorized by 

9 5 U.S.C. 3109. 

10 NATIONAL GALLERY OF ART

11 SALARIES AND EXPENSES

12 For the upkeep and operations of the National Gallery 

13 of Art, the protection and care of the works of art therein, 

14 and administrative expenses incident thereto, as authorized 

15 by the Act of March 24, 1937 (50 Stat. 51), as amended 

16 by the public resolution of April 13, 1939 (Public Resolu17 tion 9, Seventy-sixth Congress), including services as au18 thorized by 5 U.S.C. 3109; payment in advance when au19 thorized by the treasurer of the Gallery for membership in 

20 library, museum, and art associations or societies whose 

21 publications or services are available to members only, or 

22 to members at a price lower than to the general public; pur23 chase, repair, and cleaning of uniforms for guards, and uni24 forms, or allowances therefor, for other employees as author25 ized by law (5 U.S.C. 5901–5902); purchase or rental of 
482 

•HR 1865 EAH 

1 devices and services for protecting buildings and contents 

2 thereof, and maintenance, alteration, improvement, and re3 pair of buildings, approaches, and grounds; and purchase 

4 of services for restoration and repair of works of art for 

5 the National Gallery of Art by contracts made, without ad6 vertising, with individuals, firms, or organizations at such 

7 rates or prices and under such terms and conditions as the 

8 Gallery may deem proper, $147,022,000, to remain avail9 able until September 30, 2021, of which not to exceed 

10 $3,660,000 for the special exhibition program shall remain 

11 available until expended. 

12 REPAIR, RESTORATION AND RENOVATION OF BUILDINGS

13 For necessary expenses of repair, restoration and ren14 ovation of buildings, grounds and facilities owned or occu15 pied by the National Gallery of Art, by contract or other16 wise, for operating lease agreements of no more than 10 

17 years, with no extensions or renewals beyond the 10 years, 

18 that address space needs created by the ongoing renovations 

19 in the Master Facilities Plan, as authorized, $26,203,000, 

20 to remain available until expended: Provided, That of this 

21 amount, $1,000,000 shall be available for design of an off22 site art storage facility in partnership with the Smithso23 nian Institution: Provided further, That contracts awarded 

24 for environmental systems, protection systems, and exterior 

25 repair or renovation of buildings of the National Gallery 
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1 of Art may be negotiated with selected contractors and 

2 awarded on the basis of contractor qualifications as well 

3 as price. 

4 JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS

5 OPERATIONS AND MAINTENANCE

6 For necessary expenses for the operation, maintenance 

7 and security of the John F. Kennedy Center for the Per8 forming Arts, $25,690,000. 

9 CAPITAL REPAIR AND RESTORATION

10 For necessary expenses for capital repair and restora11 tion of the existing features of the building and site of the 

12 John F. Kennedy Center for the Performing Arts, 

13 $17,800,000, to remain available until expended. 

14 WOODROW WILSON INTERNATIONAL CENTER FOR

15 SCHOLARS

16 SALARIES AND EXPENSES

17 For expenses necessary in carrying out the provisions 

18 of the Woodrow Wilson Memorial Act of 1968 (82 Stat. 

19 1356) including hire of passenger vehicles and services as 

20 authorized by 5 U.S.C. 3109, $14,000,000, to remain avail21 able until September 30, 2021. 
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1 NATIONAL FOUNDATION ON THE ARTS AND THE

2 HUMANITIES

3 NATIONAL ENDOWMENT FOR THE ARTS

4 GRANTS AND ADMINISTRATION

5 For necessary expenses to carry out the National Foun6 dation on the Arts and the Humanities Act of 1965, 

7 $162,250,000 shall be available to the National Endowment 

8 for the Arts for the support of projects and productions in 

9 the arts, including arts education and public outreach ac10 tivities, through assistance to organizations and individuals 

11 pursuant to section 5 of the Act, for program support, and 

12 for administering the functions of the Act, to remain avail13 able until expended. 

14 NATIONAL ENDOWMENT FOR THE HUMANITIES

15 GRANTS AND ADMINISTRATION

16 For necessary expenses to carry out the National Foun17 dation on the Arts and the Humanities Act of 1965, 

18 $162,250,000 to remain available until expended, of which 

19 $147,750,000 shall be available for support of activities in 

20 the humanities, pursuant to section 7(c) of the Act and for 

21 administering the functions of the Act; and $14,500,000 

22 shall be available to carry out the matching grants program 

23 pursuant to section 10(a)(2) of the Act, including 

24 $12,500,000 for the purposes of section 7(h): Provided, That 

25 appropriations for carrying out section 10(a)(2) shall be 
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1 available for obligation only in such amounts as may be 

2 equal to the total amounts of gifts, bequests, devises of 

3 money, and other property accepted by the chairman or by 

4 grantees of the National Endowment for the Humanities 

5 under the provisions of sections 11(a)(2)(B) and 

6 11(a)(3)(B) during the current and preceding fiscal years 

7 for which equal amounts have not previously been appro8 priated. 

9 ADMINISTRATIVE PROVISIONS

10 None of the funds appropriated to the National Foun11 dation on the Arts and the Humanities may be used to 

12 process any grant or contract documents which do not in13 clude the text of 18 U.S.C. 1913: Provided, That none of 

14 the funds appropriated to the National Foundation on the 

15 Arts and the Humanities may be used for official reception 

16 and representation expenses: Provided further, That funds 

17 from nonappropriated sources may be used as necessary for 

18 official reception and representation expenses: Provided fur19 ther, That the Chairperson of the National Endowment for 

20 the Arts may approve grants of up to $10,000, if in the 

21 aggregate the amount of such grants does not exceed 5 per22 cent of the sums appropriated for grantmaking purposes per 

23 year: Provided further, That such small grant actions are 

24 taken pursuant to the terms of an expressed and direct dele-
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1 gation of authority from the National Council on the Arts 

2 to the Chairperson. 

3 COMMISSION OF FINE ARTS

4 SALARIES AND EXPENSES

5 For expenses of the Commission of Fine Arts under 

6 chapter 91 of title 40, United States Code, $3,240,000: Pro7 vided, That the Commission is authorized to charge fees to 

8 cover the full costs of its publications, and such fees shall 

9 be credited to this account as an offsetting collection, to re10 main available until expended without further appropria11 tion: Provided further, That the Commission is authorized 

12 to accept gifts, including objects, papers, artwork, drawings 

13 and artifacts, that pertain to the history and design of the 

14 Nation’s Capital or the history and activities of the Com15 mission of Fine Arts, for the purpose of artistic display, 

16 study, or education: Provided further, That one-tenth of one 

17 percent of the funds provided under this heading may be 

18 used for official reception and representation expenses. 

19 NATIONAL CAPITAL ARTS AND CULTURAL AFFAIRS

20 For necessary expenses as authorized by Public Law 

21 99–190 (20 U.S.C. 956a), $5,000,000. 

22 ADVISORY COUNCIL ON HISTORIC PRESERVATION

23 SALARIES AND EXPENSES

24 For necessary expenses of the Advisory Council on His25 toric Preservation (Public Law 89–665), $7,378,000. 
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1 NATIONAL CAPITAL PLANNING COMMISSION

2 SALARIES AND EXPENSES

3 For necessary expenses of the National Capital Plan4 ning Commission under chapter 87 of title 40, United 

5 States Code, including services as authorized by 5 U.S.C. 

6 3109, $8,124,000: Provided, That one-quarter of 1 percent 

7 of the funds provided under this heading may be used for 

8 official reception and representational expenses associated 

9 with hosting international visitors engaged in the planning 

10 and physical development of world capitals. 

11 UNITED STATES HOLOCAUST MEMORIAL MUSEUM

12 HOLOCAUST MEMORIAL MUSEUM

13 For expenses of the Holocaust Memorial Museum, as 

14 authorized by Public Law 106–292 (36 U.S.C. 2301–2310), 

15 $60,388,000, of which $715,000 shall remain available until 

16 September 30, 2022, for the Museum’s equipment replace17 ment program; and of which $2,000,000 for the Museum’s 

18 repair and rehabilitation program and $1,264,000 for the 

19 Museum’s outreach initiatives program shall remain avail20 able until expended. 

21 PRESIDIO TRUST

22 The Presidio Trust is authorized to issue obligations 

23 to the Secretary of the Treasury pursuant to section 

24 104(d)(3) of the Omnibus Parks and Public Lands Manage-
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1 ment Act of 1996 (Public Law 104–333), in an amount 

2 not to exceed $10,000,000. 

3 DWIGHT D. EISENHOWER MEMORIAL COMMISSION

4 SALARIES AND EXPENSES

5 For necessary expenses of the Dwight D. Eisenhower 

6 Memorial Commission, $1,800,000, to remain available 

7 until expended. 

8 WOMEN’S SUFFRAGE CENTENNIAL COMMISSION

9 SALARIES AND EXPENSES

10 For necessary expenses for the Women’s Suffrage Cen11 tennial Commission, as authorized by the Women’s Suffrage 

12 Centennial Commission Act (section 431(a)(3) of division 

13 G of Public Law 115–31), $1,000,000, to remain available 

14 until expended. 

15 WORLD WAR I CENTENNIAL COMMISSION

16 SALARIES AND EXPENSES

17 Notwithstanding section 9 of the World War I Centen18 nial Commission Act, as authorized by the World War I 

19 Centennial Commission Act (Public Law 112–272) and the 

20 Carl Levin and Howard P. ‘‘Buck’’ McKeon National De21 fense Authorization Act for Fiscal Year 2015 (Public Law 

22 113–291), for necessary expenses of the World War I Cen23 tennial Commission, $7,000,000, to remain available until 

24 September 30, 2021: Provided, That in addition to the au25 thority provided by section 6(g) of such Act, the World War 
489 

•HR 1865 EAH 

1 I Commission may accept money, in-kind personnel serv2 ices, contractual support, or any appropriate support from 

3 any executive branch agency for activities of the Commis4 sion. 

5 ALYCE SPOTTED BEAR AND WALTER SOBOLEFF

6 COMMISSION ON NATIVE CHILDREN

7 (INCLUDING TRANSFER OF FUNDS)

8 For necessary expenses of the Alyce Spotted Bear and 

9 Walter Soboleff Commission on Native Children (referred 

10 to in this paragraph as the ‘‘Commission’’), $500,000, to 

11 remain available until September 30, 2021: Provided, That 

12 amounts made available to the Commission under the head13 ing ‘‘Department of the Interior—Departmental Oper14 ations—Office of the Secretary—Departmental Operations’’ 

15 in division E of the Consolidated Appropriations Act, 2019 

16 (Public Law 116–6) may be transferred to or merged with 

17 such amounts: Provided further, That in addition to the 

18 authority provided by section 3(g)(5) and 3(h) of Public 

19 Law 114–244, the Commission may hereafter accept in20 kind personnel services, contractual support, or any appro21 priate support from any executive branch agency for activi22 ties of the Commission. 
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1 TITLE IV 

2 GENERAL PROVISIONS 

3 (INCLUDING TRANSFERS OF FUNDS)

4 RESTRICTION ON USE OF FUNDS

5 SEC. 401. No part of any appropriation contained in 

6 this Act shall be available for any activity or the publica7 tion or distribution of literature that in any way tends to 

8 promote public support or opposition to any legislative pro9 posal on which Congressional action is not complete other 

10 than to communicate to Members of Congress as described 

11 in 18 U.S.C. 1913. 

12 OBLIGATION OF APPROPRIATIONS

13 SEC. 402. No part of any appropriation contained in 

14 this Act shall remain available for obligation beyond the 

15 current fiscal year unless expressly so provided herein. 

16 DISCLOSURE OF ADMINISTRATIVE EXPENSES

17 SEC. 403. The amount and basis of estimated overhead 

18 charges, deductions, reserves or holdbacks, including work19 ing capital fund and cost pool charges, from programs, 

20 projects, activities and subactivities to support government21 wide, departmental, agency, or bureau administrative func22 tions or headquarters, regional, or central operations shall 

23 be presented in annual budget justifications and subject to 

24 approval by the Committees on Appropriations of the House 

25 of Representatives and the Senate. Changes to such esti-
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•HR 1865 EAH 

1 mates shall be presented to the Committees on Appropria2 tions for approval. 

3 MINING APPLICATIONS

4 SEC. 404. (a) LIMITATION OF FUNDS.—None of the 

5 funds appropriated or otherwise made available pursuant 

6 to this Act shall be obligated or expended to accept or proc7 ess applications for a patent for any mining or mill site 

8 claim located under the general mining laws. 

9 (b) EXCEPTIONS.—Subsection (a) shall not apply if 

10 the Secretary of the Interior determines that, for the claim 

11 concerned (1) a patent application was filed with the Sec12 retary on or before September 30, 1994; and (2) all require13 ments established under sections 2325 and 2326 of the Re14 vised Statutes (30 U.S.C. 29 and 30) for vein or lode 

15 claims, sections 2329, 2330, 2331, and 2333 of the Revised 

16 Statutes (30 U.S.C. 35, 36, and 37) for placer claims, and 

17 section 2337 of the Revised Statutes (30 U.S.C. 42) for mill 

18 site claims, as the case may be, were fully complied with 

19 by the applicant by that date. 

20 (c) REPORT.—On September 30, 2021, the Secretary 

21 of the Interior shall file with the House and Senate Com22 mittees on Appropriations and the Committee on Natural 

23 Resources of the House and the Committee on Energy and 

24 Natural Resources of the Senate a report on actions taken 

25 by the Department under the plan submitted pursuant to 
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•HR 1865 EAH 

1 section 314(c) of the Department of the Interior and Related 

2 Agencies Appropriations Act, 1997 (Public Law 104–208). 

3 (d) MINERAL EXAMINATIONS.—In order to process 

4 patent applications in a timely and responsible manner, 

5 upon the request of a patent applicant, the Secretary of the 

6 Interior shall allow the applicant to fund a qualified third7 party contractor to be selected by the Director of the Bureau 

8 of Land Management to conduct a mineral examination of 

9 the mining claims or mill sites contained in a patent appli10 cation as set forth in subsection (b). The Bureau of Land 

11 Management shall have the sole responsibility to choose and 

12 pay the third-party contractor in accordance with the 

13 standard procedures employed by the Bureau of Land Man14 agement in the retention of third-party contractors. 

15 CONTRACT SUPPORT COSTS, PRIOR YEAR LIMITATION

16 SEC. 405. Sections 405 and 406 of division F of the 

17 Consolidated and Further Continuing Appropriations Act, 

18 2015 (Public Law 113–235) shall continue in effect in fiscal 

19 year 2020. 

20 CONTRACT SUPPORT COSTS, FISCAL YEAR 2020 LIMITATION

21 SEC. 406. Amounts provided by this Act for fiscal year 

22 2020 under the headings ‘‘Department of Health and 

23 Human Services, Indian Health Service, Contract Support 

24 Costs’’ and ‘‘Department of the Interior, Bureau of Indian 

25 Affairs and Bureau of Indian Education, Contract Support 
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1 Costs’’ are the only amounts available for contract support 

2 costs arising out of self-determination or self-governance 

3 contracts, grants, compacts, or annual funding agreements 

4 for fiscal year 2020 with the Bureau of Indian Affairs, Bu5 reau of Indian Education, and the Indian Health Service: 

6 Provided, That such amounts provided by this Act are not 

7 available for payment of claims for contract support costs 

8 for prior years, or for repayments of payments for settle9 ments or judgments awarding contract support costs for 

10 prior years. 

11 FOREST MANAGEMENT PLANS

12 SEC. 407. The Secretary of Agriculture shall not be 

13 considered to be in violation of subparagraph 6(f)(5)(A) of 

14 the Forest and Rangeland Renewable Resources Planning 

15 Act of 1974 (16 U.S.C. 1604(f)(5)(A)) solely because more 

16 than 15 years have passed without revision of the plan for 

17 a unit of the National Forest System. Nothing in this sec18 tion exempts the Secretary from any other requirement of 

19 the Forest and Rangeland Renewable Resources Planning 

20 Act (16 U.S.C. 1600 et seq.) or any other law: Provided, 

21 That if the Secretary is not acting expeditiously and in 

22 good faith, within the funding available, to revise a plan 

23 for a unit of the National Forest System, this section shall 

24 be void with respect to such plan and a court of proper 
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•HR 1865 EAH 

1 jurisdiction may order completion of the plan on an acceler2 ated basis. 

3 PROHIBITION WITHIN NATIONAL MONUMENTS

4 SEC. 408. No funds provided in this Act may be ex5 pended to conduct preleasing, leasing and related activities 

6 under either the Mineral Leasing Act (30 U.S.C. 181 et seq.) 

7 or the Outer Continental Shelf Lands Act (43 U.S.C. 1331 

8 et seq.) within the boundaries of a National Monument es9 tablished pursuant to the Act of June 8, 1906 (16 U.S.C. 

10 431 et seq.) as such boundary existed on January 20, 2001, 

11 except where such activities are allowed under the Presi12 dential proclamation establishing such monument. 

13 LIMITATION ON TAKINGS

14 SEC. 409. Unless otherwise provided herein, no funds 

15 appropriated in this Act for the acquisition of lands or in16 terests in lands may be expended for the filing of declara17 tions of taking or complaints in condemnation without the 

18 approval of the House and Senate Committees on Appro19 priations: Provided, That this provision shall not apply to 

20 funds appropriated to implement the Everglades National 

21 Park Protection and Expansion Act of 1989, or to funds 

22 appropriated for Federal assistance to the State of Florida 

23 to acquire lands for Everglades restoration purposes. 
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1 PROHIBITION ON NO-BID CONTRACTS

2 SEC. 410. None of the funds appropriated or otherwise 

3 made available by this Act to executive branch agencies may 

4 be used to enter into any Federal contract unless such con5 tract is entered into in accordance with the requirements 

6 of Chapter 33 of title 41, United States Code, or Chapter 

7 137 of title 10, United States Code, and the Federal Acqui8 sition Regulation, unless— 

9 (1) Federal law specifically authorizes a contract 

10 to be entered into without regard for these require11 ments, including formula grants for States, or feder12 ally recognized Indian tribes; 

13 (2) such contract is authorized by the Indian 

14 Self-Determination and Education Assistance Act 

15 (Public Law 93–638, 25 U.S.C. 450 et seq.) or by any 

16 other Federal laws that specifically authorize a con17 tract within an Indian tribe as defined in section 

18 4(e) of that Act (25 U.S.C. 450b(e)); or 

19 (3) such contract was awarded prior to the date 

20 of enactment of this Act. 

21 POSTING OF REPORTS

22 SEC. 411. (a) Any agency receiving funds made avail23 able in this Act, shall, subject to subsections (b) and (c), 

24 post on the public website of that agency any report re25 quired to be submitted by the Congress in this or any other 
496 

•HR 1865 EAH 

1 Act, upon the determination by the head of the agency that 

2 it shall serve the national interest. 

3 (b) Subsection (a) shall not apply to a report if— 

4 (1) the public posting of the report compromises 

5 national security; or 

6 (2) the report contains proprietary information. 

7 (c) The head of the agency posting such report shall 

8 do so only after such report has been made available to the 

9 requesting Committee or Committees of Congress for no less 

10 than 45 days. 

11 NATIONAL ENDOWMENT FOR THE ARTS GRANT GUIDELINES

12 SEC. 412. Of the funds provided to the National En13 dowment for the Arts— 

14 (1) The Chairperson shall only award a grant to 

15 an individual if such grant is awarded to such indi16 vidual for a literature fellowship, National Heritage 

17 Fellowship, or American Jazz Masters Fellowship. 

18 (2) The Chairperson shall establish procedures to 

19 ensure that no funding provided through a grant, ex20 cept a grant made to a State or local arts agency, or 

21 regional group, may be used to make a grant to any 

22 other organization or individual to conduct activity 

23 independent of the direct grant recipient. Nothing in 

24 this subsection shall prohibit payments made in ex25 change for goods and services. 
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1 (3) No grant shall be used for seasonal support 

2 to a group, unless the application is specific to the 

3 contents of the season, including identified programs 

4 or projects. 

5 NATIONAL ENDOWMENT FOR THE ARTS PROGRAM

6 PRIORITIES

7 SEC. 413. (a) In providing services or awarding finan8 cial assistance under the National Foundation on the Arts 

9 and the Humanities Act of 1965 from funds appropriated 

10 under this Act, the Chairperson of the National Endowment 

11 for the Arts shall ensure that priority is given to providing 

12 services or awarding financial assistance for projects, pro13 ductions, workshops, or programs that serve underserved 

14 populations. 

15 (b) In this section: 

16 (1) The term ‘‘underserved population’’ means a 

17 population of individuals, including urban minori18 ties, who have historically been outside the purview of 

19 arts and humanities programs due to factors such as 

20 a high incidence of income below the poverty line or 

21 to geographic isolation. 

22 (2) The term ‘‘poverty line’’ means the poverty 

23 line (as defined by the Office of Management and 

24 Budget, and revised annually in accordance with sec25 tion 673(2) of the Community Services Block Grant 
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•HR 1865 EAH 

1 Act (42 U.S.C. 9902(2))) applicable to a family of the 

2 size involved. 

3 (c) In providing services and awarding financial as4 sistance under the National Foundation on the Arts and 

5 Humanities Act of 1965 with funds appropriated by this 

6 Act, the Chairperson of the National Endowment for the 

7 Arts shall ensure that priority is given to providing services 

8 or awarding financial assistance for projects, productions, 

9 workshops, or programs that will encourage public knowl10 edge, education, understanding, and appreciation of the 

11 arts. 

12 (d) With funds appropriated by this Act to carry out 

13 section 5 of the National Foundation on the Arts and Hu14 manities Act of 1965— 

15 (1) the Chairperson shall establish a grant cat16 egory for projects, productions, workshops, or pro17 grams that are of national impact or availability or 

18 are able to tour several States; 

19 (2) the Chairperson shall not make grants ex20 ceeding 15 percent, in the aggregate, of such funds to 

21 any single State, excluding grants made under the 

22 authority of paragraph (1); 

23 (3) the Chairperson shall report to the Congress 

24 annually and by State, on grants awarded by the 
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•HR 1865 EAH 

1 Chairperson in each grant category under section 5 of 

2 such Act; and 

3 (4) the Chairperson shall encourage the use of 

4 grants to improve and support community-based 

5 music performance and education. 

6 STATUS OF BALANCES OF APPROPRIATIONS

7 SEC. 414. The Department of the Interior, the Envi8 ronmental Protection Agency, the Forest Service, and the 

9 Indian Health Service shall provide the Committees on Ap10 propriations of the House of Representatives and Senate 

11 quarterly reports on the status of balances of appropriations 

12 including all uncommitted, committed, and unobligated 

13 funds in each program and activity within 60 days of en14 actment of this Act. 

15 ALYCE SPOTTED BEAR AND WALTER SOBOLEFF

16 COMMISSION ON NATIVE CHILDREN

17 SEC. 415. Section 3(a) of the Alyce Spotted Bear and 

18 Walter Soboleff Commission on Native Children Act (Public 

19 Law 114–244) is amended by striking ‘‘in the Office of 

20 Tribal Justice of the Department of Justice.’’. 

21 FOREST SERVICE COMMUNICATIONS SITE ADMINISTRATION

22 SEC. 416. Subsection (f) of section 8705 of the Agri23 culture Improvement Act of 2018 (Public Law 115–334) is 

24 amended by striking paragraph (2) and inserting the fol25 lowing: 
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1 ‘‘(2) REQUIREMENTS FOR FEES COLLECTED.— 

2 Fees collected by the Forest Service under subsection 

3 (c)(3) shall be— 

4 ‘‘(A) collected only to the extent provided in 

5 advance in appropriations Acts; 

6 ‘‘(B) based on the costs described in sub7 section (c)(3); and 

8 ‘‘(C) competitively neutral, technology neu9 tral, and nondiscriminatory with respect to other 

10 users of the communications site.’’. 

11 EXTENSION OF GRAZING PERMITS

12 SEC. 417. The terms and conditions of section 325 of 

13 Public Law 108–108 (117 Stat. 1307), regarding grazing 

14 permits issued by the Forest Service on any lands not sub15 ject to administration under section 402 of the Federal 

16 Lands Policy and Management Act (43 U.S.C. 1752), shall 

17 remain in effect for fiscal year 2020. 

18 FUNDING PROHIBITION

19 SEC. 418. (a) None of the funds made available in this 

20 Act may be used to maintain or establish a computer net21 work unless such network is designed to block access to por22 nography websites. 

23 (b) Nothing in subsection (a) shall limit the use of 

24 funds necessary for any Federal, State, tribal, or local law 
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1 enforcement agency or any other entity carrying out crimi2 nal investigations, prosecution, or adjudication activities. 

3 HUMANE TRANSFER AND TREATMENT OF ANIMALS

4 SEC. 419. (a) Notwithstanding any other provision of 

5 law, the Secretary of the Interior, with respect to land ad6 ministered by the Bureau of Land Management, or the Sec7 retary of Agriculture, with respect to land administered by 

8 the Forest Service (referred to in this section as the ‘‘Sec9 retary concerned’’), may transfer excess wild horses and 

10 burros that have been removed from land administered by 

11 the Secretary concerned to other Federal, State, and local 

12 government agencies for use as work animals. 

13 (b) The Secretary concerned may make a transfer 

14 under subsection (a) immediately on the request of a Fed15 eral, State, or local government agency. 

16 (c) An excess wild horse or burro transferred under 

17 subsection (a) shall lose status as a wild free-roaming horse 

18 or burro (as defined in section 2 of Public Law 92–195 

19 (commonly known as the ‘‘Wild Free-Roaming Horses and 

20 Burros Act’’) (16 U.S.C. 1332)). 

21 (d) A Federal, State, or local government agency re22 ceiving an excess wild horse or burro pursuant to subsection 

23 (a) shall not— 
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1 (1) destroy the horse or burro in a manner that 

2 results in the destruction of the horse or burro into a 

3 commercial product; 

4 (2) sell or otherwise transfer the horse or burro 

5 in a manner that results in the destruction of the 

6 horse or burro for processing into a commercial prod7 uct; or 

8 (3) euthanize the horse or burro, except on the 

9 recommendation of a licensed veterinarian in a case 

10 of severe injury, illness, or advanced age. 

11 (e) Amounts appropriated by this Act shall not be 

12 available for— 

13 (1) the destruction of any healthy, unadopted, 

14 and wild horse or burro under the jurisdiction of the 

15 Secretary concerned (including a contractor); or 

16 (2) the sale of a wild horse or burro that results 

17 in the destruction of the wild horse or burro for proc18 essing into a commercial product. 

19 FOREST SERVICE FACILITY REALIGNMENT AND

20 ENHANCEMENT AUTHORIZATION EXTENSION

21 SEC. 420. Section 503(f) of Public Law 109–54 (16 

22 U.S.C. 580d note) shall be applied by substituting ‘‘Sep23 tember 30, 2020’’ for ‘‘September 30, 2019’’. 
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1 USE OF AMERICAN IRON AND STEEL

2 SEC. 421. (a)(1) None of the funds made available by 

3 a State water pollution control revolving fund as authorized 

4 by section 1452 of the Safe Drinking Water Act (42 U.S.C. 

5 300j–12) shall be used for a project for the construction, 

6 alteration, maintenance, or repair of a public water system 

7 or treatment works unless all of the iron and steel products 

8 used in the project are produced in the United States. 

9 (2) In this section, the term ‘‘iron and steel’’ products 

10 means the following products made primarily of iron or 

11 steel: lined or unlined pipes and fittings, manhole covers 

12 and other municipal castings, hydrants, tanks, flanges, pipe 

13 clamps and restraints, valves, structural steel, reinforced 

14 precast concrete, and construction materials. 

15 (b) Subsection (a) shall not apply in any case or cat16 egory of cases in which the Administrator of the Environ17 mental Protection Agency (in this section referred to as the 

18 ‘‘Administrator’’) finds that— 

19 (1) applying subsection (a) would be inconsistent 

20 with the public interest; 

21 (2) iron and steel products are not produced in 

22 the United States in sufficient and reasonably avail23 able quantities and of a satisfactory quality; or 
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1 (3) inclusion of iron and steel products produced 

2 in the United States will increase the cost of the over3 all project by more than 25 percent. 

4 (c) If the Administrator receives a request for a waiver 

5 under this section, the Administrator shall make available 

6 to the public on an informal basis a copy of the request 

7 and information available to the Administrator concerning 

8 the request, and shall allow for informal public input on 

9 the request for at least 15 days prior to making a finding 

10 based on the request. The Administrator shall make the re11 quest and accompanying information available by elec12 tronic means, including on the official public Internet Web 

13 site of the Environmental Protection Agency. 

14 (d) This section shall be applied in a manner con15 sistent with United States obligations under international 

16 agreements. 

17 (e) The Administrator may retain up to 0.25 percent 

18 of the funds appropriated in this Act for the Clean and 

19 Drinking Water State Revolving Funds for carrying out the 

20 provisions described in subsection (a)(1) for management 

21 and oversight of the requirements of this section. 

22 RESCISSION OF FUNDS

23 SEC. 422. Any amounts made available for fiscal year 

24 2020 pursuant to section 8705(f)(2) of Public Law 115– 

25 334 as amended by this Act, are hereby rescinded. 
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1 JOHN F. KENNEDY CENTER REAUTHORIZATION

2 SEC. 423. Section 13 of the John F. Kennedy Center 

3 Act (20 U.S.C. 76r) is amended by striking subsections (a) 

4 and (b) and inserting the following: 

5 ‘‘(a) MAINTENANCE, REPAIR, AND SECURITY.—There 

6 is authorized to be appropriated to the Board to carry out 

7 section 4(a)(1)(H), $25,690,000 for fiscal year 2020. 

8 ‘‘(b) CAPITAL PROJECTS.—There is authorized to be 

9 appropriated to the Board to carry out subparagraphs (F) 

10 and (G) of section 4(a)(1), $17,800,000 for fiscal year 

11 2020.’’. 

12 LOCAL COOPERATOR TRAINING AGREEMENTS AND TRANS13 FERS OF EXCESS EQUIPMENT AND SUPPLIES FOR

14 WILDFIRES

15 SEC. 424. The Secretary of the Interior is authorized 

16 to enter into grants and cooperative agreements with volun17 teer fire departments, rural fire departments, rangeland fire 

18 protection associations, and similar organizations to pro19 vide for wildland fire training and equipment, including 

20 supplies and communication devices. Notwithstanding 

21 121(c) of title 40, United States Code, or section 521 of title 

22 40, United States Code, the Secretary is further authorized 

23 to transfer title to excess Department of the Interior fire24 fighting equipment no longer needed to carry out the func-
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1 tions of the Department’s wildland fire management pro2 gram to such organizations. 

3 RECREATION FEES

4 SEC. 425. Section 810 of the Federal Lands Recreation 

5 Enhancement Act (16 U.S.C. 6809) shall be applied by sub6 stituting ‘‘October 1, 2021’’ for ‘‘September 30, 2019’’. 

7 REPROGRAMMING GUIDELINES

8 SEC. 426. None of the funds made available in this 

9 Act, in this and prior fiscal years, may be reprogrammed 

10 without the advance approval of the House and Senate 

11 Committees on Appropriations in accordance with the re12 programming procedures contained in the explanatory 

13 statement described in section 4 (in the matter preceding 

14 division A of this consolidated Act). 

15 PROJECT INFORMATION

16 SEC. 427. (a) Within 60 days of the submission of the 

17 fiscal year 2021 budget or by April 1, 2020, whichever 

18 comes first, the Secretary of the Interior and the Secretary 

19 of Agriculture shall submit to the Committees on Appro20 priations of the House of Representatives and the Senate 

21 prioritized and detailed lists of Federal land acquisition 

22 projects, and Forest Legacy projects, that have been identi23 fied by each land management Agency. 

24 (b) The Federal land acquisition project lists required 

25 by each Agency in subsection (a) shall include individual 
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1 projects for the National Park Service, the U.S. Fish and 

2 Wildlife Service, the Bureau of Land Management, and the 

3 U.S. Forest Service, and shall total for each agency no less 

4 than 150 percent of the amount enacted for that agency for 

5 the previous fiscal year. 

6 LOCAL CONTRACTORS

7 SEC. 428. Section 412 of Division E of Public Law 

8 112–74 shall be applied by substituting ‘‘fiscal year 2020’’ 

9 for ‘‘fiscal year 2019’’. 

10 SHASTA-TRINITY MARINA FEE AUTHORITY AUTHORIZATION

11 EXTENSION

12 SEC. 429. Section 422 of division F of Public Law 

13 110–161 (121 Stat 1844), as amended, shall be applied by 

14 substituting ‘‘fiscal year 2020’’ for ‘‘fiscal year 2019’’. 

15 INTERPRETIVE ASSOCIATION AUTHORIZATION EXTENSION

16 SEC. 430. Section 426 of division G of Public Law 

17 113–76 (16 U.S.C. 565a–1 note) shall be applied by sub18 stituting ‘‘September 30, 2020’’ for ‘‘September 30, 2019’’. 

19 PUERTO RICO SCHOOLING AUTHORIZATION EXTENSION

20 SEC. 431. The authority provided by the 19th unnum21 bered paragraph under heading ‘‘Administrative Provi22 sions, Forest Service’’ in title III of Public Law 109–54, 

23 as amended, shall be applied by substituting ‘‘fiscal year 

24 2020’’ for ‘‘fiscal year 2019’’. 
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1 FOREST BOTANICAL PRODUCTS FEE COLLECTION

2 AUTHORIZATION EXTENSION

3 SEC. 432. Section 339 of the Department of the Inte4 rior and Related Agencies Appropriations Act, 2000 (as en5 acted into law by Public Law 106–113; 16 U.S.C. 528 

6 note), as amended by section 335(6) of Public Law 108– 

7 108 and section 432 of Public Law 113–76, shall be applied 

8 by substituting ‘‘fiscal year 2020’’ for ‘‘fiscal year 2019’’. 

9 ALASKA NATIVE REGIONAL HEALTH ENTITIES

10 AUTHORIZATION EXTENSION

11 SEC. 433. Section 424(a) of the Consolidated Appro12 priations Act, 2014 (Public Law 113–76), as amended by 

13 section 428 of the Consolidated Appropriations Act, 2018 

14 (Public Law 115–141), shall be applied by substituting 

15 ‘‘October 1, 2020’’ for ‘‘October 1, 2019’’. 

16 CHESAPEAKE BAY INITIATIVE

17 SEC. 434. Section 502(c) of the Chesapeake Bay Initia18 tive Act of 1998 (Public Law 105–312; 54 U.S.C. 320101 

19 note) shall be applied by substituting ‘‘fiscal year 2020’’ 

20 for ‘‘fiscal year 2019’’. 

21 FOREST SERVICE BUDGET RESTRUCTURE

22 SEC. 435. (a) The Secretary of Agriculture shall estab23 lish the ‘‘Forest Service Operations’’ account not later than 

24 October 1, 2020, for the necessary expenses of the Forest 

25 Service: (1) for the base salary and expenses of employees 
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1 in the Chief’s Office, the Work Environment and Perform2 ance Office, the Business Operations Deputy Area, and the 

3 Chief Financial Officer’s Office to carry out administrative 

4 and general management support functions; (2) for the costs 

5 of facility maintenance, repairs, and leases for buildings 

6 and sites; (3) for the costs of utility and communication 

7 expenses, business services, and information technology, in8 cluding cybersecurity requirements; and (4) for such other 

9 administrative support function expenses necessary for the 

10 operation of the Forest Service. 

11 (b) Subsequent to the establishment of the account 

12 under subsection (a), the Secretary of Agriculture may exe13 cute appropriations of the Department for fiscal year 2021 

14 as provided pursuant to such subsection, including any con15 tinuing appropriations made available for fiscal year 2021 

16 before enactment of a regular appropriations Act. 

17 (c) Notwithstanding any other provision of law, the 

18 Secretary of Agriculture may transfer any unobligated bal19 ances made available to the Forest Service by this or prior 

20 appropriations Acts to the account established under sub21 section (a) to carry out such subsection, and shall notify 

22 the Committees on Appropriations of the Senate and the 

23 House of Representatives within 5 days of such transfer: 

24 Provided, That no amounts may be transferred from 

25 amounts that were made available for wildfire suppression 
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1 operations pursuant to section 251(b)(2)(F) of the Balanced 

2 Budget and Emergency Deficit Control Act of 1985. 

3 (d)(1) Not later than November 1, 2020, the Secretary 

4 of Agriculture shall establish the preliminary baseline for 

5 application of transfer authorities and submit the report 

6 specified in paragraph (2) to the Committees on Appropria7 tions for the Senate and the House of Representatives. 

8 (2) The report required in this subsection shall 

9 include— 

10 (A) a delineation of the amount and ac11 count of each transfer made pursuant to sub12 section (b) or (c); 

13 (B) a table for each appropriation with a 

14 separate column to display the fiscal year 2020 

15 enacted levels, adjustments made by Congress, 

16 adjustments due to enacted rescissions, if appro17 priate, and adjustments made pursuant to the 

18 transfer authority in subsection (b) or (c), and 

19 the resulting fiscal year level; 

20 (C) a delineation in the table for each ap21 propriation, adjusted as described in paragraph 

22 (2), both by budget activity and program, 

23 project, and activity as detailed in the Budget 

24 Appendix; and 
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1 (D) an identification of funds directed for a 

2 specific activity. 

3 TIMBER SALE REQUIREMENTS

4 SEC. 436. No timber sale in Alaska’s Region 10 shall 

5 be advertised if the indicated rate is deficit (defined as the 

6 value of the timber is not sufficient to cover all logging and 

7 stumpage costs and provide a normal profit and risk allow8 ance under the Forest Service’s appraisal process) when ap9 praised using a residual value appraisal. The western red 

10 cedar timber from those sales which is surplus to the needs 

11 of the domestic processors in Alaska, shall be made available 

12 to domestic processors in the contiguous 48 United States 

13 at prevailing domestic prices. All additional western red 

14 cedar volume not sold to Alaska or contiguous 48 United 

15 States domestic processors may be exported to foreign mar16 kets at the election of the timber sale holder. All Alaska yel17 low cedar may be sold at prevailing export prices at the 

18 election of the timber sale holder. 

19 PROHIBITION ON USE OF FUNDS

20 SEC. 437. Notwithstanding any other provision of law, 

21 none of the funds made available in this Act or any other 

22 Act may be used to promulgate or implement any regula23 tion requiring the issuance of permits under title V of the 

24 Clean Air Act (42 U.S.C. 7661 et seq.) for carbon dioxide, 

25 nitrous oxide, water vapor, or methane emissions resulting 
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1 from biological processes associated with livestock produc2 tion. 

3 GREENHOUSE GAS REPORTING RESTRICTIONS

4 SEC. 438. Notwithstanding any other provision of law, 

5 none of the funds made available in this or any other Act 

6 may be used to implement any provision in a rule, if that 

7 provision requires mandatory reporting of greenhouse gas 

8 emissions from manure management systems. 

9 FUNDING PROHIBITION

10 SEC. 439. None of the funds made available by this 

11 or any other Act may be used to regulate the lead content 

12 of ammunition, ammunition components, or fishing tackle 

13 under the Toxic Substances Control Act (15 U.S.C. 2601 

14 et seq.) or any other law. 

15 POLICIES RELATING TO BIOMASS ENERGY

16 SEC. 440. To support the key role that forests in the 

17 United States can play in addressing the energy needs of 

18 the United States, the Secretary of Energy, the Secretary 

19 of Agriculture, and the Administrator of the Environmental 

20 Protection Agency shall, consistent with their missions, 

21 jointly— 

22 (1) ensure that Federal policy relating to forest 

23 bioenergy— 

24 (A) is consistent across all Federal depart25 ments and agencies; and 
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1 (B) recognizes the full benefits of the use of 

2 forest biomass for energy, conservation, and re3 sponsible forest management; and 

4 (2) establish clear and simple policies for the use 

5 of forest biomass as an energy solution, including 

6 policies that— 

7 (A) reflect the carbon-neutrality of forest 

8 bioenergy and recognize biomass as a renewable 

9 energy source, provided the use of forest biomass 

10 for energy production does not cause conversion 

11 of forests to non-forest use; 

12 (B) encourage private investment through13 out the forest biomass supply chain, including 

14 in— 

15 (i) working forests; 

16 (ii) harvesting operations; 

17 (iii) forest improvement operations; 

18 (iv) forest bioenergy production; 

19 (v) wood products manufacturing; or 

20 (vi) paper manufacturing; 

21 (C) encourage forest management to im22 prove forest health; and 

23 (D) recognize State initiatives to produce 

24 and use forest biomass. 
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1 SMALL REMOTE INCINERATORS

2 SEC. 441. None of the funds made available in this 

3 Act may be used to implement or enforce the regulation 

4 issued on March 21, 2011 at 40 CFR part 60 subparts 

5 CCCC and DDDD with respect to units in the State of Alas6 ka that are defined as ‘‘small, remote incinerator’’ units 

7 in those regulations and, until a subsequent regulation is 

8 issued, the Administrator shall implement the law and reg9 ulations in effect prior to such date. 

10 CHACO CANYON

11 SEC. 442. None of the funds made available by this 

12 Act may be used to accept a nomination for oil and gas 

13 leasing under 43 CFR 3120.3 et seq, or to offer for oil and 

14 gas leasing, any Federal lands within the withdrawal area 

15 identified on the map of the Chaco Culture National Histor16 ical Park prepared by the Bureau of Land Management 

17 and dated April 2, 2019, prior to the completion of the cul18 tural resources investigation identified in the explanatory 

19 statement described in section 4 (in the matter preceding 

20 division A of this consolidated Act). 

21 DAVID R. OBEY NORTHERN GREAT LAKES VISITOR CENTER

22 SEC. 443. (a) DESIGNATION.—The Northern Great 

23 Lakes Visitor Center located in Ashland, Wisconsin, the title 

24 to which is owned by the Forest Service, shall be known 
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1 and designated as the ‘‘David R. Obey Northern Great 

2 Lakes Visitor Center’’. 

3 (b) REFERENCES.—Any reference in a law, map, regu4 lation, document, paper, or other record of the United 

5 States to the facility referred to in subsection (a) shall be 

6 deemed to be a reference to the ‘‘David R. Obey Northern 

7 Great Lakes Visitor Center’’. 

8 This division may be cited as the ‘‘Department of the 

9 Interior, Environment, and Related Agencies Appropria10 tions Act, 2020’’. 

11 DIVISION E—LEGISLATIVE BRANCH 

12 APPROPRIATIONS ACT, 2020 

13 TITLE I 

14 LEGISLATIVE BRANCH 

15 SENATE 

16 EXPENSE ALLOWANCES

17 For expense allowances of the Vice President, $18,760; 

18 the President Pro Tempore of the Senate, $37,520; Majority 

19 Leader of the Senate, $39,920; Minority Leader of the Sen20 ate, $39,920; Majority Whip of the Senate, $9,980; Minority 

21 Whip of the Senate, $9,980; President Pro Tempore Emer22 itus, $15,000; Chairmen of the Majority and Minority Con23 ference Committees, $4,690 for each Chairman; and Chair24 men of the Majority and Minority Policy Committees, 

25 $4,690 for each Chairman; in all, $189,840. 
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1 For representation allowances of the Majority and Mi2 nority Leaders of the Senate, $14,070 for each such Leader; 

3 in all, $28,140. 

4 SALARIES, OFFICERS AND EMPLOYEES

5 For compensation of officers, employees, and others as 

6 authorized by law, including agency contributions, 

7 $216,321,170, which shall be paid from this appropriation 

8 as follows: 

9 OFFICE OF THE VICE PRESIDENT

10 For the Office of the Vice President, $2,533,000. 

11 OFFICE OF THE PRESIDENT PRO TEMPORE

12 For the Office of the President Pro Tempore, $759,000. 

13 OFFICE OF THE PRESIDENT PRO TEMPORE EMERITUS

14 For the Office of the President Pro Tempore Emeritus, 

15 $326,000. 

16 OFFICES OF THE MAJORITY AND MINORITY LEADERS

17 For Offices of the Majority and Minority Leaders, 

18 $5,506,000. 

19 OFFICES OF THE MAJORITY AND MINORITY WHIPS

20 For Offices of the Majority and Minority Whips, 

21 $3,525,000. 

22 COMMITTEE ON APPROPRIATIONS

23 For salaries of the Committee on Appropriations, 

24 $15,793,000. 
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1 CONFERENCE COMMITTEES

2 For the Conference of the Majority and the Conference 

3 of the Minority, at rates of compensation to be fixed by the 

4 Chairman of each such committee, $1,738,000 for each such 

5 committee; in all, $3,476,000. 

6 OFFICES OF THE SECRETARIES OF THE CONFERENCE OF

7 THE MAJORITY AND THE CONFERENCE OF THE MINORITY

8 For Offices of the Secretaries of the Conference of the 

9 Majority and the Conference of the Minority, $862,000. 

10 POLICY COMMITTEES

11 For salaries of the Majority Policy Committee and the 

12 Minority Policy Committee, $1,776,000 for each such com13 mittee; in all, $3,552,000. 

14 OFFICE OF THE CHAPLAIN

15 For Office of the Chaplain, $510,000. 

16 OFFICE OF THE SECRETARY

17 For Office of the Secretary, $26,818,000. 

18 OFFICE OF THE SERGEANT AT ARMS AND DOORKEEPER

19 For Office of the Sergeant at Arms and Doorkeeper, 

20 $85,867,000. 

21 OFFICES OF THE SECRETARIES FOR THE MAJORITY AND

22 MINORITY

23 For Offices of the Secretary for the Majority and the 

24 Secretary for the Minority, $1,940,000. 
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1 AGENCY CONTRIBUTIONS AND RELATED EXPENSES

2 For agency contributions for employee benefits, as au3 thorized by law, and related expenses, $64,854,170. 

4 OFFICE OF THE LEGISLATIVE COUNSEL OF THE SENATE

5 For salaries and expenses of the Office of the Legisla6 tive Counsel of the Senate, $6,397,000. 

7 OFFICE OF SENATE LEGAL COUNSEL

8 For salaries and expenses of the Office of Senate Legal 

9 Counsel, $1,197,000. 

10 EXPENSE ALLOWANCES OF THE SECRETARY OF THE SEN11 ATE, SERGEANT AT ARMS AND DOORKEEPER OF THE

12 SENATE, AND SECRETARIES FOR THE MAJORITY AND

13 MINORITY OF THE SENATE

14 For expense allowances of the Secretary of the Senate, 

15 $7,110; Sergeant at Arms and Doorkeeper of the Senate, 

16 $7,110; Secretary for the Majority of the Senate, $7,110; 

17 Secretary for the Minority of the Senate, $7,110; in all, 

18 $28,440. 

19 CONTINGENT EXPENSES OF THE SENATE

20 INQUIRIES AND INVESTIGATIONS

21 For expenses of inquiries and investigations ordered 

22 by the Senate, or conducted under paragraph 1 of rule 

23 XXVI of the Standing Rules of the Senate, section 112 of 

24 the Supplemental Appropriations and Rescission Act, 1980 

25 (Public Law 96–304), and Senate Resolution 281, 96th 
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1 Congress, agreed to March 11, 1980, $133,265,000, of which 

2 $26,650,000 shall remain available until September 30, 

3 2022. 

4 U.S. SENATE CAUCUS ON INTERNATIONAL NARCOTICS

5 CONTROL

6 For expenses of the United States Senate Caucus on 

7 International Narcotics Control, $508,000. 

8 SECRETARY OF THE SENATE

9 For expenses of the Office of the Secretary of the Sen10 ate, $14,536,000 of which $11,436,000 shall remain avail11 able until September 30, 2024 and of which $3,100,000 

12 shall remain available until expended. 

13 SERGEANT AT ARMS AND DOORKEEPER OF THE SENATE

14 For expenses of the Office of the Sergeant at Arms and 

15 Doorkeeper of the Senate, $128,753,000, which shall remain 

16 available until September 30, 2024. 

17 MISCELLANEOUS ITEMS

18 For miscellaneous items, $18,871,410 which shall re19 main available until September 30, 2022. 

20 SENATORS’ OFFICIAL PERSONNEL AND OFFICE EXPENSE

21 ACCOUNT

22 For Senators’ Official Personnel and Office Expense 

23 Account, $449,000,000 of which $20,128,950 shall remain 

24 available until September 30, 2022 and of which $6,000,000 
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•HR 1865 EAH 

1 shall be allocated solely for the purpose of providing finan2 cial compensation to Senate interns. 

3 OFFICIAL MAIL COSTS

4 For expenses necessary for official mail costs of the 

5 Senate, $300,000. 

6 ADMINISTRATIVE PROVISION

7 REQUIRING AMOUNTS REMAINING IN SENATORS’ OFFICIAL

8 PERSONNEL AND OFFICE EXPENSE ACCOUNT TO BE

9 USED FOR DEFICIT REDUCTION OR TO REDUCE THE

10 FEDERAL DEBT

11 SEC. 101. Notwithstanding any other provision of law, 

12 any amounts appropriated under this Act under the head13 ing ‘‘SENATE’’ under the heading ‘‘CONTINGENT EX14 PENSES OF THE SENATE’’ under the heading ‘‘SENATORS’ 

15 OFFICIAL PERSONNEL AND OFFICE EXPENSE ACCOUNT’’ 

16 shall be available for obligation only during the fiscal year 

17 or fiscal years for which such amounts are made available. 

18 Any unexpended balances under such allowances remaining 

19 after the end of the period of availability shall be returned 

20 to the Treasury in accordance with the undesignated para21 graph under the center heading ‘‘GENERAL PROVISION’’ 

22 under chapter XI of the Third Supplemental Appropriation 

23 Act, 1957 (2 U.S.C. 4107) and used for deficit reduction 

24 (or, if there is no Federal budget deficit after all such pay25 ments have been made, for reducing the Federal debt, in 
521 

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1 such manner as the Secretary of the Treasury considers ap2 propriate). 

3 HOUSE OF REPRESENTATIVES 

4 SALARIES AND EXPENSES

5 For salaries and expenses of the House of Representa6 tives, $1,370,725,000, as follows: 

7 HOUSE LEADERSHIP OFFICES

8 For salaries and expenses, as authorized by law, 

9 $28,884,000, including: Office of the Speaker, $8,295,000, 

10 including $25,000 for official expenses of the Speaker; Office 

11 of the Majority Floor Leader, $2,947,000, including $10,000 

12 for official expenses of the Majority Leader; Office of the 

13 Minority Floor Leader, $8,295,000, including $10,000 for 

14 official expenses of the Minority Leader; Office of the Major15 ity Whip, including the Chief Deputy Majority Whip, 

16 $2,448,000, including $5,000 for official expenses of the Ma17 jority Whip; Office of the Minority Whip, including the 

18 Chief Deputy Minority Whip, $2,219,000, including $5,000 

19 for official expenses of the Minority Whip; Republican Con20 ference, $2,340,000; Democratic Caucus, $2,340,000: Pro21 vided, That such amount for salaries and expenses shall re22 main available from January 3, 2020 until January 2, 

23 2021. 
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1 MEMBERS’ REPRESENTATIONAL ALLOWANCES

2 INCLUDING MEMBERS’ CLERK HIRE, OFFICIAL EXPENSES

3 OF MEMBERS, AND OFFICIAL MAIL

4 For Members’ representational allowances, including 

5 Members’ clerk hire, official expenses, and official mail, 

6 $615,000,000. 

7 ALLOWANCE FOR COMPENSATION OF INTERNS IN MEMBER

8 OFFICES

9 For the allowance established under section 120 of the 

10 Legislative Branch Appropriations Act, 2019 (2 U.S.C. 

11 5322a) for the compensation of interns who serve in the of12 fices of Members of the House of Representatives, 

13 $11,025,000, to remain available through December 31, 

14 2020: Provided, That notwithstanding section 120(b) of 

15 such Act, an office of a Member of the House of Representa16 tives may use not more than $25,000 of the allowance avail17 able under this heading during calendar year 2020. 

18 ALLOWANCE FOR COMPENSATION OF INTERNS IN HOUSE

19 LEADERSHIP OFFICES

20 For the allowance established under section 113 of this 

21 Act for the compensation of interns who serve in House 

22 leadership offices, $365,000, to remain available through 

23 December 31, 2020: Provided, That of the amount provided 

24 under this heading, $200,000 shall be available for the com25 pensation of interns who serve in House leadership offices 
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1 of the majority, to be allocated among such offices by the 

2 Speaker of the House of Representatives, and $165,000 shall 

3 be available for the compensation of interns who serve in 

4 House leadership offices of the minority, to be allocated 

5 among such offices by the Minority Floor Leader. 

6 COMMITTEE EMPLOYEES

7 STANDING COMMITTEES, SPECIAL AND SELECT

8 For salaries and expenses of standing committees, spe9 cial and select, authorized by House resolutions, 

10 $135,359,000: Provided, That such amount shall remain 

11 available for such salaries and expenses until December 31, 

12 2020, except that $2,850,000 of such amount shall remain 

13 available until expended for committee room upgrading. 

14 COMMITTEE ON APPROPRIATIONS

15 For salaries and expenses of the Committee on Appro16 priations, $24,269,000, including studies and examinations 

17 of executive agencies and temporary personal services for 

18 such committee, to be expended in accordance with section 

19 202(b) of the Legislative Reorganization Act of 1946 and 

20 to be available for reimbursement to agencies for services 

21 performed: Provided, That such amount shall remain avail22 able for such salaries and expenses until December 31, 2020. 

23 SALARIES, OFFICERS AND EMPLOYEES

24 For compensation and expenses of officers and employ25 ees, as authorized by law, $231,903,000, including: for sala-
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1 ries and expenses of the Office of the Clerk, including the 

2 positions of the Chaplain and the Historian, and including 

3 not more than $25,000 for official representation and recep4 tion expenses, of which not more than $20,000 is for the 

5 Family Room and not more than $2,000 is for the Office 

6 of the Chaplain, $30,766,000, of which $1,500,000 shall re7 main available until expended; for salaries and expenses 

8 of the Office of the Sergeant at Arms, including the position 

9 of Superintendent of Garages and the Office of Emergency 

10 Management, and including not more than $3,000 for offi11 cial representation and reception expenses, $20,225,000, of 

12 which $10,267,000 shall remain available until expended; 

13 for salaries and expenses of the Office of the Chief Adminis14 trative Officer including not more than $3,000 for official 

15 representation and reception expenses, $153,550,000, of 

16 which $11,639,000 shall remain available until expended; 

17 for salaries and expenses of the Office of Diversity and In18 clusion, $1,000,000; for salaries and expenses of the Office 

19 of the Whistleblower Ombudsman, $750,000; for salaries 

20 and expenses of the Office of the Inspector General, 

21 $5,019,000; for salaries and expenses of the Office of General 

22 Counsel, $1,751,000; for salaries and expenses of the Office 

23 of the Parliamentarian, including the Parliamentarian, 

24 $2,000 for preparing the Digest of Rules, and not more than 

25 $1,000 for official representation and reception expenses, 
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1 $2,088,000; for salaries and expenses of the Office of the 

2 Law Revision Counsel of the House, $3,419,000; for salaries 

3 and expenses of the Office of the Legislative Counsel of the 

4 House, $11,937,000; for salaries and expenses of the Office 

5 of Interparliamentary Affairs, $814,000; for other author6 ized employees, $584,000. 

7 ALLOWANCES AND EXPENSES

8 For allowances and expenses as authorized by House 

9 resolution or law, $323,920,000, including: supplies, mate10 rials, administrative costs and Federal tort claims, 

11 $1,526,000; official mail for committees, leadership offices, 

12 and administrative offices of the House, $190,000; Govern13 ment contributions for health, retirement, Social Security, 

14 and other applicable employee benefits, $294,377,000, to re15 main available until March 31, 2021; salaries and expenses 

16 for Business Continuity and Disaster Recovery, 

17 $17,668,000, of which $5,000,000 shall remain available 

18 until expended; transition activities for new members and 

19 staff, $4,489,000, to remain available until expended; 

20 Wounded Warrior Program and the Congressional Gold 

21 Star Family Fellowship Program, $3,000,000, to remain 

22 available until expended; Office of Congressional Ethics, 

23 $1,670,000; and miscellaneous items including purchase, 

24 exchange, maintenance, repair and operation of House 
526 

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1 motor vehicles, interparliamentary receptions, and gratu2 ities to heirs of deceased employees of the House, $1,000,000. 

3 ADMINISTRATIVE PROVISIONS

4 REQUIRING AMOUNTS REMAINING IN MEMBERS’ REPRESEN5 TATIONAL ALLOWANCES TO BE USED FOR DEFICIT RE6 DUCTION OR TO REDUCE THE FEDERAL DEBT

7 SEC. 110. (a) Notwithstanding any other provision of 

8 law, any amounts appropriated under this Act for 

9 ‘‘HOUSE OF REPRESENTATIVES—SALARIES AND EX10 PENSES—MEMBERS’ REPRESENTATIONAL ALLOWANCES’’ 

11 shall be available only for fiscal year 2020. Any amount 

12 remaining after all payments are made under such allow13 ances for fiscal year 2020 shall be deposited in the Treasury 

14 and used for deficit reduction (or, if there is no Federal 

15 budget deficit after all such payments have been made, for 

16 reducing the Federal debt, in such manner as the Secretary 

17 of the Treasury considers appropriate). 

18 (b) The Committee on House Administration of the 

19 House of Representatives shall have authority to prescribe 

20 regulations to carry out this section. 

21 (c) As used in this section, the term ‘‘Member of the 

22 House of Representatives’’ means a Representative in, or 

23 a Delegate or Resident Commissioner to, the Congress. 
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1 LIMITATION ON AMOUNT AVAILABLE TO LEASE VEHICLES

2 SEC. 111. None of the funds made available in this 

3 Act may be used by the Chief Administrative Officer of the 

4 House of Representatives to make any payments from any 

5 Members’ Representational Allowance for the leasing of a 

6 vehicle, excluding mobile district offices, in an aggregate 

7 amount that exceeds $1,000 for the vehicle in any month. 

8 ALLOWANCE FOR COMPENSATION OF INTERNS IN MEMBER

9 OFFICES

10 SEC. 112. (a) Section 120(f) of the Legislative Branch 

11 Appropriations Act, 2019 (2 U.S.C. 5322a(f)) is amended 

12 by striking the period at the end and inserting the fol13 lowing: ‘‘, and such sums as may be necessary for fiscal 

14 year 2020 and each succeeding fiscal year.’’. 

15 (b) Section 101(c)(2) of the Legislative Branch Appro16 priations Act, 1993 (2 U.S.C. 5507(c)(2)) is amended by 

17 striking ‘‘and ‘Office of the Attending Physician’.’’ and in18 serting ‘‘ ‘Office of the Attending Physician’, and ‘Allowance 

19 for Compensation of Interns in Member Offices’.’’. 

20 (c) The amendments made by this section shall take 

21 effect as if included in the enactment of section 120 of the 

22 Legislative Branch Appropriations Act, 2019 (2 U.S.C. 

23 5322a). 
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1 ALLOWANCE FOR COMPENSATION OF INTERNS IN HOUSE

2 LEADERSHIP OFFICES

3 SEC. 113. (a) There is established for the House of Rep4 resentatives an allowance which shall be available for the 

5 compensation of interns who serve in House leadership of6 fices. 

7 (b) Section 104(b) of the House of Representatives Ad8 ministrative Reform Technical Corrections Act (2 U.S.C. 

9 5321(b)) shall apply with respect to an intern who is com10 pensated under the allowance under this section in the same 

11 manner as such section applies with respect to an intern 

12 who is compensated under the Members’ Representational 

13 Allowance. 

14 (c) In this section— 

15 (1) the term ‘‘House leadership office’’ means, 

16 with respect to a fiscal year, any office for which the 

17 appropriation for salaries and expenses of the office 

18 for the fiscal year is provided under the heading 

19 ‘‘House Leadership Offices’’ in the Act making appro20 priations for the Legislative Branch for the fiscal 

21 year; and 

22 (2) term ‘‘intern’’, with respect to a House lead23 ership office, has the meaning given such term with 

24 respect to a Member of the House of Representatives 

25 in section 104(c)(2) of the House of Representatives 
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1 Administrative Reform Technical Corrections Act (2 

2 U.S.C. 5321(c)(2)). 

3 (d) There are authorized to be appropriated to carry 

4 out this section such sums as may be necessary for fiscal 

5 year 2020 and each succeeding fiscal year. 

6 (e) Section 101(c)(2) of the Legislative Branch Appro7 priations Act, 1993 (2 U.S.C. 5507(c)(2)), as amended by 

8 section 112(b), is further amended by striking ‘‘, and ‘Al9 lowance for Compensation of Interns in Member Offices’.’’ 

10 and inserting ‘‘, ‘Allowance for Compensation of Interns in 

11 Member Offices’, and ‘Allowance for Compensation of In12 terns in House Leadership Offices’.’’. 

13 (f) This section and the amendments made by this sec14 tion shall apply with respect to fiscal year 2020 and each 

15 succeeding fiscal year. 

16 CYBERSECURITY ASSISTANCE FOR HOUSE OF

17 REPRESENTATIVES

18 SEC. 114. The head of any Federal entity that provides 

19 assistance to the House of Representatives in the House’s 

20 efforts to deter, prevent, mitigate, or remediate cybersecu21 rity risks to, and incidents involving, the information sys22 tems of the House shall take all necessary steps to ensure 

23 the constitutional integrity of the separate branches of the 

24 government at all stages of providing the assistance, includ-
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•HR 1865 EAH 

1 ing applying minimization procedures to limit the spread 

2 or sharing of privileged House and Member information. 

3 RESCISSIONS OF FUNDS

4 SEC. 115. (a) Of the unobligated balances available 

5 from prior appropriations Acts from the revolving fund es6 tablished under House Resolution 94, Ninety-Eighth Con7 gress, agreed to February 8, 1983, as enacted into perma8 nent law by section 110 of the Congressional Operations 

9 Appropriations Act, 1984 (2 U.S.C. 4917), $1,000,000 is 

10 hereby rescinded. 

11 (b) Of the unobligated balances available from prior 

12 appropriations Acts from the revolving fund established in 

13 the item relating to ‘‘Stationery’’ under the heading ‘‘House 

14 of Representatives, Contingent Expenses of the House’’ in 

15 the first section of the Legislative Branch Appropriation 

16 Act, 1948 (2 U.S.C. 5534), $4,000,000 is hereby rescinded. 

17 USE OF AVAILABLE BALANCES OF EXPIRED

18 APPROPRIATIONS

19 (INCLUDING TRANSFER OF FUNDS)

20 SEC. 116. (a) Subject to section 119 of the Legislative 

21 Branch Appropriations Act, 2018 (2 U.S.C. 5511), avail22 able balances of expired appropriations for the House of 

23 Representatives shall be available to the House of Represent24 atives— 
531 

•HR 1865 EAH 

1 (1) for the payment of a death gratuity which is 

2 specifically appropriated by law and which is made 

3 in connection with the death of an employee of the 

4 House of Representatives, without regard to the fiscal 

5 year in which the payment is made; and 

6 (2) for deposit into the account established under 

7 section 109 of the Legislative Branch Appropriations 

8 Act, 1998 (2 U.S.C. 5508) for making payments of 

9 the House of Representatives to the Employees’ Com10 pensation Fund under section 8147 of title 5, United 

11 States Code, and for reimbursing the Secretary of 

12 Labor for any amounts paid with respect to unem13 ployment compensation payments for former employ14 ees of the House. 

15 (b) This section shall apply with respect to funds ap16 propriated or otherwise made available in fiscal year 2020 

17 and each succeeding fiscal year. 

18 REDUCTION IN AMOUNT OF TUITION CHARGED FOR

19 CHILDREN OF EMPLOYEES OF HOUSE CHILD CARE CENTER

20 SEC. 117. (a) Section 312(d) of the Legislative Branch 

21 Appropriations Act, 1992 (2 U.S.C. 2062(d)) is amended 

22 by adding at the end the following new paragraph: 

23 ‘‘(4) In the case of a child of an employee of the 

24 center who is furnished care at the center, the Chief 

25 Administrative Officer shall reduce the amount of tui-
532 

•HR 1865 EAH 

1 tion otherwise charged with respect to such child dur2 ing a month by the greater of— 

3 ‘‘(A) 50 percent; or 

4 ‘‘(B) such percentage as may be necessary to 

5 ensure that the total amount of tuition paid by 

6 the employee with respect to all children of the 

7 employee who are furnished care at the center 

8 during the month does not exceed $1,000.’’. 

9 (b) Section 312(d)(2) of such Act (2 U.S.C. 2062(d)(2)) 

10 is amended by inserting after ‘‘similar benefits and pro11 grams’’ the following: ‘‘(including the subsidies provided on 

12 behalf of employees of the center as a result of reductions 

13 in the amount of tuition otherwise charged with respect to 

14 children of such employees under paragraph (4))’’. 

15 (c) The amendments made by this section shall apply 

16 with respect to fiscal year 2020 and each succeeding fiscal 

17 year. 

18 JOINT ITEMS 

19 For Joint Committees, as follows: 

20 JOINT ECONOMIC COMMITTEE

21 For salaries and expenses of the Joint Economic Com22 mittee, $4,203,000, to be disbursed by the Secretary of the 

23 Senate. 
533 

•HR 1865 EAH 

1 JOINT CONGRESSIONAL COMMITTEE ON INAUGURAL

2 CEREMONIES OF 2021 

3 For salaries and expenses associated with conducting 

4 the inaugural ceremonies of the President and Vice Presi5 dent of the United States, January 20, 2021, in accordance 

6 with such program as may be adopted by the joint congres7 sional committee authorized to conduct the inaugural cere8 monies of 2021, $1,500,000 to be disbursed by the Secretary 

9 of the Senate and to remain available until September 30, 

10 2021: Provided, That funds made available under this head11 ing shall be available for payment, on a direct or reimburs12 able basis, whether incurred on, before, or after, October 1, 

13 2020: Provided further, That the compensation of any em14 ployee of the Committee on Rules and Administration of 

15 the Senate who has been designated to perform service with 

16 respect to the inaugural ceremonies of 2021 shall continue 

17 to be paid by the Committee on Rules and Administration, 

18 but the account from which such staff member is paid may 

19 be reimbursed for the services of the staff member out of 

20 funds made available under this heading: Provided further, 

21 That there are authorized to be paid from the appropria22 tions account for ‘‘Expenses of Inquiries and Investiga23 tions’’ of the Senate such sums as may be necessary, without 

24 fiscal year limitation, for agency contributions related to 
534 

•HR 1865 EAH 

1 the compensation of employees of the joint congressional 

2 committee. 

3 JOINT COMMITTEE ON TAXATION

4 For salaries and expenses of the Joint Committee on 

5 Taxation, $11,563,000, to be disbursed by the Chief Admin6 istrative Officer of the House of Representatives. 

7 For other joint items, as follows: 

8 OFFICE OF THE ATTENDING PHYSICIAN

9 For medical supplies, equipment, and contingent ex10 penses of the emergency rooms, and for the Attending Physi11 cian and his assistants, including: 

12 (1) an allowance of $2,175 per month to the At13 tending Physician; 

14 (2) an allowance of $1,300 per month to the Sen15 ior Medical Officer; 

16 (3) an allowance of $725 per month each to three 

17 medical officers while on duty in the Office of the At18 tending Physician; 

19 (4) an allowance of $725 per month to 2 assist20 ants and $580 per month each not to exceed 11 assist21 ants on the basis heretofore provided for such assist22 ants; and 

23 (5) $2,800,000 for reimbursement to the Depart24 ment of the Navy for expenses incurred for staff and 

25 equipment assigned to the Office of the Attending 
535 

•HR 1865 EAH 

1 Physician, which shall be advanced and credited to 

2 the applicable appropriation or appropriations from 

3 which such salaries, allowances, and other expenses 

4 are payable and shall be available for all the purposes 

5 thereof, $3,868,000, to be disbursed by the Chief Ad6 ministrative Officer of the House of Representatives. 

7 OFFICE OF CONGRESSIONAL ACCESSIBILITY SERVICES

8 SALARIES AND EXPENSES

9 For salaries and expenses of the Office of Congressional 

10 Accessibility Services, $1,509,000, to be disbursed by the 

11 Secretary of the Senate. 

12 CAPITOL POLICE 

13 SALARIES

14 For salaries of employees of the Capitol Police, includ15 ing overtime, hazardous duty pay, and Government con16 tributions for health, retirement, social security, profes17 sional liability insurance, and other applicable employee 

18 benefits, $379,062,000 of which overtime shall not exceed 

19 $47,048,000 unless the Committee on Appropriations of the 

20 House and Senate are notified, to be disbursed by the Chief 

21 of the Capitol Police or his designee. 

22 GENERAL EXPENSES

23 For necessary expenses of the Capitol Police, including 

24 motor vehicles, communications and other equipment, secu25 rity equipment and installation, uniforms, weapons, sup-
536 

•HR 1865 EAH 

1 plies, materials, training, medical services, forensic services, 

2 stenographic services, personal and professional services, the 

3 employee assistance program, the awards program, postage, 

4 communication services, travel advances, relocation of in5 structor and liaison personnel for the Federal Law Enforce6 ment Training Center, and not more than $5,000 to be ex7 pended on the certification of the Chief of the Capitol Police 

8 in connection with official representation and reception ex9 penses, $85,279,000, to be disbursed by the Chief of the Cap10 itol Police or his designee: Provided, That, notwithstanding 

11 any other provision of law, the cost of basic training for 

12 the Capitol Police at the Federal Law Enforcement Train13 ing Center for fiscal year 2020 shall be paid by the Sec14 retary of Homeland Security from funds available to the 

15 Department of Homeland Security. 

16 ADMINISTRATIVE PROVISION

17 SEC. 120. Section 908(c) of the Emergency Supple18 mental Act, 2002 (2 U.S.C. 1926(c)), is amended by strik19 ing ‘‘$40,000’’ and inserting ‘‘$60,000’’. 

20 OFFICE OF CONGRESSIONAL WORKPLACE 

21 RIGHTS 

22 SALARIES AND EXPENSES

23 For salaries and expenses necessary for the operation 

24 of the Office of Congressional Workplace Rights, $6,333,000, 
537 

•HR 1865 EAH 

1 of which $1,000,000 shall remain available until September 

2 30, 2021, and of which not more than $1,000 may be ex3 pended on the certification of the Executive Director in con4 nection with official representation and reception expenses. 

5 CONGRESSIONAL BUDGET OFFICE 

6 SALARIES AND EXPENSES

7 For salaries and expenses necessary for operation of 

8 the Congressional Budget Office, including not more than 

9 $6,000 to be expended on the certification of the Director 

10 of the Congressional Budget Office in connection with offi11 cial representation and reception expenses, $54,941,000: 

12 Provided, That the Director shall use not less than $500,000 

13 of the amount made available under this heading for (1) 

14 improving technical systems, processes, and models for the 

15 purpose of improving the transparency of estimates of budg16 etary effects to Members of Congress, employees of Members 

17 of Congress, and the public, and (2) to increase the avail18 ability of models, economic assumptions, and data for Mem19 bers of Congress, employees of Members of Congress, and the 

20 public. 

21 ARCHITECT OF THE CAPITOL 

22 CAPITAL CONSTRUCTION AND OPERATIONS

23 For salaries for the Architect of the Capitol, and other 

24 personal services, at rates of pay provided by law; for all 

25 necessary expenses for surveys and studies, construction, op-
538 

•HR 1865 EAH 

1 eration, and general and administrative support in connec2 tion with facilities and activities under the care of the Ar3 chitect of the Capitol including the Botanic Garden; elec4 trical substations of the Capitol, Senate and House office 

5 buildings, and other facilities under the jurisdiction of the 

6 Architect of the Capitol; including furnishings and office 

7 equipment; including not more than $5,000 for official re8 ception and representation expenses, to be expended as the 

9 Architect of the Capitol may approve; for purchase or ex10 change, maintenance, and operation of a passenger motor 

11 vehicle, $120,000,000. 

12 CAPITOL BUILDING

13 For all necessary expenses for the maintenance, care 

14 and operation of the Capitol, $68,878,000, of which 

15 $40,899,000 shall remain available until September 30, 

16 2024. 

17 CAPITOL GROUNDS

18 For all necessary expenses for care and improvement 

19 of grounds surrounding the Capitol, the Senate and House 

20 office buildings, and the Capitol Power Plant, $15,024,000, 

21 of which $3,000,000 shall remain available until September 

22 30, 2024. 

23 SENATE OFFICE BUILDINGS

24 For all necessary expenses for the maintenance, care 

25 and operation of Senate office buildings; and furniture and 
539 

•HR 1865 EAH 

1 furnishings to be expended under the control and super2 vision of the Architect of the Capitol, $88,424,000, of which 

3 $23,100,000 shall remain available until September 30, 

4 2024. 

5 HOUSE OFFICE BUILDINGS

6 (INCLUDING TRANSFER OF FUNDS)

7 For all necessary expenses for the maintenance, care 

8 and operation of the House office buildings, $153,273,000, 

9 of which $30,300,000 shall remain available until Sep10 tember 30, 2024, and of which $62,000,000 shall remain 

11 available until expended for the restoration and renovation 

12 of the Cannon House Office Building: Provided, That of the 

13 amount made available under this heading, $8,000,000 

14 shall be derived by transfer from the House Office Building 

15 Fund established under section 176(d) of the Continuing 

16 Appropriations Act, 2017, as added by section 101(3) of 

17 the Further Continuing Appropriation Act, 2017 (Public 

18 Law 114–254; 2 U.S.C. 2001 note). 

19 CAPITOL POWER PLANT

20 For all necessary expenses for the maintenance, care 

21 and operation of the Capitol Power Plant; lighting, heating, 

22 power (including the purchase of electrical energy) and 

23 water and sewer services for the Capitol, Senate and House 

24 office buildings, Library of Congress buildings, and the 

25 grounds about the same, Botanic Garden, Senate garage, 
540 

•HR 1865 EAH 

1 and air conditioning refrigeration not supplied from plants 

2 in any of such buildings; heating the Government Pub3 lishing Office and Washington City Post Office, and heating 

4 and chilled water for air conditioning for the Supreme 

5 Court Building, the Union Station complex, the Thurgood 

6 Marshall Federal Judiciary Building and the Folger Shake7 speare Library, expenses for which shall be advanced or re8 imbursed upon request of the Architect of the Capitol and 

9 amounts so received shall be deposited into the Treasury 

10 to the credit of this appropriation, $98,957,000, of which 

11 $15,300,000 shall remain available until September 30, 

12 2024: Provided, That not more than $10,000,000 of the 

13 funds credited or to be reimbursed to this appropriation 

14 as herein provided shall be available for obligation during 

15 fiscal year 2020. 

16 LIBRARY BUILDINGS AND GROUNDS

17 For all necessary expenses for the mechanical and 

18 structural maintenance, care and operation of the Library 

19 buildings and grounds, $55,746,000, of which $25,200,000 

20 shall remain available until September 30, 2024. 

21 CAPITOL POLICE BUILDINGS, GROUNDS AND SECURITY

22 For all necessary expenses for the maintenance, care 

23 and operation of buildings, grounds and security enhance24 ments of the United States Capitol Police, wherever located, 

25 the Alternate Computing Facility, and Architect of the Cap-
541 

•HR 1865 EAH 

1 itol security operations, $55,216,000, of which $28,000,000 

2 shall remain available until September 30, 2024. 

3 BOTANIC GARDEN

4 For all necessary expenses for the maintenance, care 

5 and operation of the Botanic Garden and the nurseries, 

6 buildings, grounds, and collections; and purchase and ex7 change, maintenance, repair, and operation of a passenger 

8 motor vehicle; all under the direction of the Joint Com9 mittee on the Library, $16,094,000, of which $4,000,000 

10 shall remain available until September 30, 2024: Provided, 

11 That, of the amount made available under this heading, the 

12 Architect of the Capitol may obligate and expend such sums 

13 as may be necessary for the maintenance, care and oper14 ation of the National Garden established under section 

15 307E of the Legislative Branch Appropriations Act, 1989 

16 (2 U.S.C. 2146), upon vouchers approved by the Architect 

17 of the Capitol or a duly authorized designee. 

18 CAPITOL VISITOR CENTER

19 For all necessary expenses for the operation of the Cap20 itol Visitor Center, $24,321,000. 

21 ADMINISTRATIVE PROVISION

22 NO BONUSES FOR CONTRACTORS BEHIND SCHEDULE OR

23 OVER BUDGET

24 SEC. 130. None of the funds made available in this 

25 Act for the Architect of the Capitol may be used to make 
542 

•HR 1865 EAH 

1 incentive or award payments to contractors for work on 

2 contracts or programs for which the contractor is behind 

3 schedule or over budget, unless the Architect of the Capitol, 

4 or agency-employed designee, determines that any such de5 viations are due to unforeseeable events, government-driven 

6 scope changes, or are not significant within the overall 

7 scope of the project and/or program. 

8 LIBRARY OF CONGRESS 

9 SALARIES AND EXPENSES

10 For all necessary expenses of the Library of Congress 

11 not otherwise provided for, including development and 

12 maintenance of the Library’s catalogs; custody and custo13 dial care of the Library buildings; information technology 

14 services provided centrally; special clothing; cleaning, laun15 dering and repair of uniforms; preservation of motion pic16 tures in the custody of the Library; operation and mainte17 nance of the American Folklife Center in the Library; prep18 aration and distribution of catalog records and other publi19 cations of the Library; hire or purchase of one passenger 

20 motor vehicle; and expenses of the Library of Congress Trust 

21 Fund Board not properly chargeable to the income of any 

22 trust fund held by the Board, $504,164,000, of which not 

23 more than $6,000,000 shall be derived from collections cred24 ited to this appropriation during fiscal year 2020, and 

25 shall remain available until expended, under the Act of 
543 

•HR 1865 EAH 

1 June 28, 1902 (chapter 1301; 32 Stat. 480; 2 U.S.C. 150): 

2 Provided, That the Library of Congress may not obligate 

3 or expend any funds derived from collections under the Act 

4 of June 28, 1902, in excess of the amount authorized for 

5 obligation or expenditure in appropriations Acts: Provided 

6 further, That the total amount available for obligation shall 

7 be reduced by the amount by which collections are less than 

8 $6,000,000: Provided further, That of the total amount ap9 propriated, not more than $18,000 may be expended, on 

10 the certification of the Librarian of Congress, in connection 

11 with official representation and reception expenses, includ12 ing for the Overseas Field Offices: Provided further, That 

13 of the total amount appropriated, $9,110,000 shall remain 

14 available until expended for the digital collections and edu15 cational curricula program: Provided further, That of the 

16 total amount appropriated, $1,350,000 shall remain avail17 able until expended for upgrade of the Legislative Branch 

18 Financial Management System: Provided further, That of 

19 the total amount appropriated, $250,000 shall remain 

20 available until expended for the Surplus Books Program to 

21 promote the program and facilitate a greater number of do22 nations to eligible entities across the United States: Pro23 vided further, That of the total amount appropriated, 

24 $3,587,000 shall remain available until expended for the 

25 Veterans History Project to continue digitization efforts of 
544 

•HR 1865 EAH 

1 already collected materials, reach a greater number of vet2 erans to record their stories, and promote public access to 

3 the Project: Provided further, That of the total amount ap4 propriated, $10,000,000 shall remain available until ex5 pended for the development of the Library’s Visitor Experi6 ence project, and may be obligated and expended only upon 

7 approval by the Subcommittee on the Legislative Branch 

8 of the Committee on Appropriations of the House of Rep9 resentatives and by the Subcommittee on the Legislative 

10 Branch of the Committee on Appropriations of the Senate. 

11 COPYRIGHT OFFICE

12 SALARIES AND EXPENSES

13 For all necessary expenses of the Copyright Office, 

14 $91,840,000, of which not more than $43,221,000, to re15 main available until expended, shall be derived from collec16 tions credited to this appropriation during fiscal year 2020 

17 under sections 708(d) and 1316 of title 17, United States 

18 Code: Provided, That the Copyright Office may not obligate 

19 or expend any funds derived from collections under such 

20 section in excess of the amount authorized for obligation 

21 or expenditure in appropriations Acts: Provided further, 

22 That not more than $6,482,000 shall be derived from collec23 tions during fiscal year 2020 under sections 111(d)(2), 

24 119(b)(3), 803(e), and 1005 of such title: Provided further, 

25 That the total amount available for obligation shall be re-
545 

•HR 1865 EAH 

1 duced by the amount by which collections are less than 

2 $49,703,000: Provided further, That of the funds provided 

3 under this heading, not less than $17,100,000 is for mod4 ernization initiatives, of which $10,000,000 shall remain 

5 available until September 30, 2021: Provided further, That 

6 not more than $100,000 of the amount appropriated is 

7 available for the maintenance of an ‘‘International Copy8 right Institute’’ in the Copyright Office of the Library of 

9 Congress for the purpose of training nationals of developing 

10 countries in intellectual property laws and policies: Pro11 vided further, That not more than $6,500 may be expended, 

12 on the certification of the Librarian of Congress, in connec13 tion with official representation and reception expenses for 

14 activities of the International Copyright Institute and for 

15 copyright delegations, visitors, and seminars: Provided fur16 ther, That, notwithstanding any provision of chapter 8 of 

17 title 17, United States Code, any amounts made available 

18 under this heading which are attributable to royalty fees 

19 and payments received by the Copyright Office pursuant 

20 to sections 111, 119, and chapter 10 of such title may be 

21 used for the costs incurred in the administration of the 

22 Copyright Royalty Judges program, with the exception of 

23 the costs of salaries and benefits for the Copyright Royalty 

24 Judges and staff under section 802(e). 
546 

•HR 1865 EAH 

1 CONGRESSIONAL RESEARCH SERVICE

2 SALARIES AND EXPENSES

3 For all necessary expenses to carry out the provisions 

4 of section 203 of the Legislative Reorganization Act of 1946 

5 (2 U.S.C. 166) and to revise and extend the Annotated Con6 stitution of the United States of America, $120,495,000: 

7 Provided, That no part of such amount may be used to pay 

8 any salary or expense in connection with any publication, 

9 or preparation of material therefor (except the Digest of 

10 Public General Bills), to be issued by the Library of Con11 gress unless such publication has obtained prior approval 

12 of either the Committee on House Administration of the 

13 House of Representatives or the Committee on Rules and 

14 Administration of the Senate: Provided further, That this 

15 prohibition does not apply to publication of non-confiden16 tial Congressional Research Service (CRS) products: Pro17 vided further, That a non-confidential CRS product in18 cludes any written product containing research or analysis 

19 that is currently available for general congressional access 

20 on the CRS Congressional Intranet, or that would be made 

21 available on the CRS Congressional Intranet in the normal 

22 course of business and does not include material prepared 

23 in response to Congressional requests for confidential anal24 ysis or research. 
547 

•HR 1865 EAH 

1 NATIONAL LIBRARY SERVICE FOR THE BLIND AND PRINT

2 DISABLED

3 SALARIES AND EXPENSES

4 For all necessary expenses to carry out the Act of 

5 March 3, 1931 (chapter 400; 46 Stat. 1487; 2 U.S.C. 135a), 

6 $58,563,000: Provided, That of the total amount appro7 priated, $650,000 shall be available to contract to provide 

8 newspapers to blind and physically handicapped residents 

9 at no cost to the individual. 

10 ADMINISTRATIVE PROVISION

11 REIMBURSABLE AND REVOLVING FUND ACTIVITIES

12 SEC. 140. (a) IN GENERAL.—For fiscal year 2020, the 

13 obligational authority of the Library of Congress for the ac14 tivities described in subsection (b) may not exceed 

15 $231,975,000. 

16 (b) ACTIVITIES.—The activities referred to in sub17 section (a) are reimbursable and revolving fund activities 

18 that are funded from sources other than appropriations to 

19 the Library in appropriations Acts for the legislative 

20 branch. 

21 GOVERNMENT PUBLISHING OFFICE 

22 CONGRESSIONAL PUBLISHING

23 (INCLUDING TRANSFER OF FUNDS)

24 For authorized publishing of congressional informa25 tion and the distribution of congressional information in 
548 

•HR 1865 EAH 

1 any format; publishing of Government publications author2 ized by law to be distributed to Members of Congress; and 

3 publishing, and distribution of Government publications 

4 authorized by law to be distributed without charge to the 

5 recipient, $79,000,000: Provided, That this appropriation 

6 shall not be available for paper copies of the permanent edi7 tion of the Congressional Record for individual Representa8 tives, Resident Commissioners or Delegates authorized 

9 under section 906 of title 44, United States Code: Provided 

10 further, That this appropriation shall be available for the 

11 payment of obligations incurred under the appropriations 

12 for similar purposes for preceding fiscal years: Provided 

13 further, That notwithstanding the 2-year limitation under 

14 section 718 of title 44, United States Code, none of the funds 

15 appropriated or made available under this Act or any other 

16 Act for printing and binding and related services provided 

17 to Congress under chapter 7 of title 44, United States Code, 

18 may be expended to print a document, report, or publica19 tion after the 27-month period beginning on the date that 

20 such document, report, or publication is authorized by Con21 gress to be printed, unless Congress reauthorizes such print22 ing in accordance with section 718 of title 44, United States 

23 Code: Provided further, That unobligated or unexpended 

24 balances of expired discretionary funds made available 

25 under this heading in this Act for this fiscal year may be 
549 

•HR 1865 EAH 

1 transferred to, and merged with, funds under the heading 

2 ‘‘Government Publishing Office Business Operations Re3 volving Fund’’ no later than the end of the fifth fiscal year 

4 after the last fiscal year for which such funds are available 

5 for the purposes for which appropriated, to be available for 

6 carrying out the purposes of this heading, subject to the ap7 proval of the Committee on Appropriations of the House 

8 of Representatives and the Senate: Provided further, That 

9 notwithstanding sections 901, 902, and 906 of title 44, 

10 United States Code, this appropriation may be used to pre11 pare indexes to the Congressional Record on only a monthly 

12 and session basis. 

13 PUBLIC INFORMATION PROGRAMS OF THE

14 SUPERINTENDENT OF DOCUMENTS

15 SALARIES AND EXPENSES

16 (INCLUDING TRANSFER OF FUNDS)

17 For expenses of the public information programs of the 

18 Office of Superintendent of Documents necessary to provide 

19 for the cataloging and indexing of Government publications 

20 in any format, and their distribution to the public, Mem21 bers of Congress, other Government agencies, and designated 

22 depository and international exchange libraries as author23 ized by law, $31,296,000: Provided, That amounts of not 

24 more than $2,000,000 from current year appropriations are 

25 authorized for producing and disseminating Congressional 
550 

•HR 1865 EAH 

1 serial sets and other related publications for fiscal years 

2 2018 and 2019 to depository and other designated libraries: 

3 Provided further, That unobligated or unexpended balances 

4 of expired discretionary funds made available under this 

5 heading in this Act for this fiscal year may be transferred 

6 to, and merged with, funds under the heading ‘‘Government 

7 Publishing Office Business Operations Revolving Fund’’ no 

8 later than the end of the fifth fiscal year after the last fiscal 

9 year for which such funds are available for the purposes 

10 for which appropriated, to be available for carrying out the 

11 purposes of this heading, subject to the approval of the Com12 mittees on Appropriations of the House of Representatives 

13 and the Senate. 

14 GOVERNMENT PUBLISHING OFFICE BUSINESS

15 OPERATIONS REVOLVING FUND

16 For payment to the Government Publishing Office 

17 Business Operations Revolving Fund, $6,704,000, to re18 main available until expended, for information technology 

19 development and facilities repair: Provided, That the Gov20 ernment Publishing Office is hereby authorized to make 

21 such expenditures, within the limits of funds available and 

22 in accordance with law, and to make such contracts and 

23 commitments without regard to fiscal year limitations as 

24 provided by section 9104 of title 31, United States Code, 

25 as may be necessary in carrying out the programs and pur-
551 

•HR 1865 EAH 

1 poses set forth in the budget for the current fiscal year for 

2 the Government Publishing Office Business Operations Re3 volving Fund: Provided further, That not more than $7,500 

4 may be expended on the certification of the Director of the 

5 Government Publishing Office in connection with official 

6 representation and reception expenses: Provided further, 

7 That the Business Operations Revolving Fund shall be 

8 available for the hire or purchase of not more than 12 pas9 senger motor vehicles: Provided further, That expenditures 

10 in connection with travel expenses of the advisory councils 

11 to the Director of the Government Publishing Office shall 

12 be deemed necessary to carry out the provisions of title 44, 

13 United States Code: Provided further, That the Business 

14 Operations Revolving Fund shall be available for tem15 porary or intermittent services under section 3109(b) of 

16 title 5, United States Code, but at rates for individuals not 

17 more than the daily equivalent of the annual rate of basic 

18 pay for level V of the Executive Schedule under section 5316 

19 of such title: Provided further, That activities financed 

20 through the Business Operations Revolving Fund may pro21 vide information in any format: Provided further, That the 

22 Business Operations Revolving Fund and the funds pro23 vided under the heading ‘‘Public Information Programs of 

24 the Superintendent of Documents’’ may not be used for con-
552 

•HR 1865 EAH 

1 tracted security services at Government Publishing Office’s 

2 passport facility in the District of Columbia. 

3 GOVERNMENT ACCOUNTABILITY OFFICE 

4 SALARIES AND EXPENSES

5 For necessary expenses of the Government Account6 ability Office, including not more than $12,500 to be ex7 pended on the certification of the Comptroller General of 

8 the United States in connection with official representation 

9 and reception expenses; temporary or intermittent services 

10 under section 3109(b) of title 5, United States Code, but 

11 at rates for individuals not more than the daily equivalent 

12 of the annual rate of basic pay for level IV of the Executive 

13 Schedule under section 5315 of such title; hire of one pas14 senger motor vehicle; advance payments in foreign countries 

15 in accordance with section 3324 of title 31, United States 

16 Code; benefits comparable to those payable under sections 

17 901(5), (6), and (8) of the Foreign Service Act of 1980 (22 

18 U.S.C. 4081(5), (6), and (8)); and under regulations pre19 scribed by the Comptroller General of the United States, 

20 rental of living quarters in foreign countries, $630,000,000: 

21 Provided, That, in addition, $24,800,000 of payments re22 ceived under sections 782, 791, 3521, and 9105 of title 31, 

23 United States Code, shall be available without fiscal year 

24 limitation: Provided further, That this appropriation and 

25 appropriations for administrative expenses of any other de-
553 

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1 partment or agency which is a member of the National 

2 Intergovernmental Audit Forum or a Regional Intergovern3 mental Audit Forum shall be available to finance an appro4 priate share of either Forum’s costs as determined by the 

5 respective Forum, including necessary travel expenses of 

6 non-Federal participants: Provided further, That payments 

7 hereunder to the Forum may be credited as reimbursements 

8 to any appropriation from which costs involved are ini9 tially financed. 

10 OPEN WORLD LEADERSHIP CENTER TRUST 

11 FUND 

12 For a payment to the Open World Leadership Center 

13 Trust Fund for financing activities of the Open World 

14 Leadership Center under section 313 of the Legislative 

15 Branch Appropriations Act, 2001 (2 U.S.C. 1151), 

16 $5,900,000: Provided, That funds made available to support 

17 Russian participants shall only be used for those engaging 

18 in free market development, humanitarian activities, and 

19 civic engagement, and shall not be used for officials of the 

20 central government of Russia. 

21 JOHN C. STENNIS CENTER FOR PUBLIC SERVICE 

22 TRAINING AND DEVELOPMENT 

23 For payment to the John C. Stennis Center for Public 

24 Service Development Trust Fund established under section 
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1 116 of the John C. Stennis Center for Public Service Train2 ing and Development Act (2 U.S.C. 1105), $430,000. 

3 TITLE II 

4 GENERAL PROVISIONS 

5 MAINTENANCE AND CARE OF PRIVATE VEHICLES

6 SEC. 201. No part of the funds appropriated in this 

7 Act shall be used for the maintenance or care of private 

8 vehicles, except for emergency assistance and cleaning as 

9 may be provided under regulations relating to parking fa10 cilities for the House of Representatives issued by the Com11 mittee on House Administration and for the Senate issued 

12 by the Committee on Rules and Administration. 

13 FISCAL YEAR LIMITATION

14 SEC. 202. No part of the funds appropriated in this 

15 Act shall remain available for obligation beyond fiscal year 

16 2020 unless expressly so provided in this Act. 

17 RATES OF COMPENSATION AND DESIGNATION

18 SEC. 203. Whenever in this Act any office or position 

19 not specifically established by the Legislative Pay Act of 

20 1929 (46 Stat. 32 et seq.) is appropriated for or the rate 

21 of compensation or designation of any office or position ap22 propriated for is different from that specifically established 

23 by such Act, the rate of compensation and the designation 

24 in this Act shall be the permanent law with respect thereto: 

25 Provided, That the provisions in this Act for the various 
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•HR 1865 EAH 

1 items of official expenses of Members, officers, and commit2 tees of the Senate and House of Representatives, and clerk 

3 hire for Senators and Members of the House of Representa4 tives shall be the permanent law with respect thereto. 

5 CONSULTING SERVICES

6 SEC. 204. The expenditure of any appropriation under 

7 this Act for any consulting service through procurement 

8 contract, under section 3109 of title 5, United States Code, 

9 shall be limited to those contracts where such expenditures 

10 are a matter of public record and available for public in11 spection, except where otherwise provided under existing 

12 law, or under existing Executive order issued under existing 

13 law. 

14 COSTS OF LBFMC

15 SEC. 205. Amounts available for administrative ex16 penses of any legislative branch entity which participates 

17 in the Legislative Branch Financial Managers Council 

18 (LBFMC) established by charter on March 26, 1996, shall 

19 be available to finance an appropriate share of LBFMC 

20 costs as determined by the LBFMC, except that the total 

21 LBFMC costs to be shared among all participating legisla22 tive branch entities (in such allocations among the entities 

23 as the entities may determine) may not exceed $2,000. 
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1 LIMITATION ON TRANSFERS

2 SEC. 206. None of the funds made available in this 

3 Act may be transferred to any department, agency, or in4 strumentality of the United States Government, except pur5 suant to a transfer made by, or transfer authority provided 

6 in, this Act or any other appropriation Act. 

7 GUIDED TOURS OF THE CAPITOL

8 SEC. 207. (a) Except as provided in subsection (b), 

9 none of the funds made available to the Architect of the Cap10 itol in this Act may be used to eliminate or restrict guided 

11 tours of the United States Capitol which are led by employ12 ees and interns of offices of Members of Congress and other 

13 offices of the House of Representatives and Senate, unless 

14 through regulations as authorized by section 402(b)(8) of 

15 the Capitol Visitor Center Act of 2008 (2 U.S.C. 

16 2242(b)(8)). 

17 (b) At the direction of the Capitol Police Board, or 

18 at the direction of the Architect of the Capitol with the ap19 proval of the Capitol Police Board, guided tours of the 

20 United States Capitol which are led by employees and in21 terns described in subsection (a) may be suspended tempo22 rarily or otherwise subject to restriction for security or re23 lated reasons to the same extent as guided tours of the 

24 United States Capitol which are led by the Architect of the 

25 Capitol. 
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1 LIMITATION ON TELECOMMUNICATIONS EQUIPMENT

2 PROCUREMENT

3 SEC. 208. (a) None of the funds appropriated or other4 wise made available under this Act may be used to acquire 

5 telecommunications equipment produced by Huawei Tech6 nologies Company, ZTE Corporation or a high-impact or 

7 moderate-impact information system, as defined for secu8 rity categorization in the National Institute of Standards 

9 and Technology’s (NIST) Federal Information Processing 

10 Standard Publication 199, ‘‘Standards for Security Cat11 egorization of Federal Information and Information Sys12 tems’’ unless the agency, office, or other entity acquiring 

13 the equipment or system has— 

14 (1) reviewed the supply chain risk for the infor15 mation systems against criteria developed by NIST to 

16 inform acquisition decisions for high-impact and 

17 moderate-impact information systems within the Fed18 eral Government; 

19 (2) reviewed the supply chain risk from the pre20 sumptive awardee against available and relevant 

21 threat information provided by the Federal Bureau of 

22 Investigation and other appropriate agencies; and 

23 (3) in consultation with the Federal Bureau of 

24 Investigation or other appropriate Federal entity, 

25 conducted an assessment of any risk of cyber-espio-
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•HR 1865 EAH 

1 nage or sabotage associated with the acquisition of 

2 such system, including any risk associated with such 

3 system being produced, manufactured, or assembled 

4 by one or more entities identified by the United 

5 States Government as posing a cyber threat, includ6 ing but not limited to, those that may be owned, di7 rected, or subsidized by the People’s Republic of 

8 China, the Islamic Republic of Iran, the Democratic 

9 People’s Republic of Korea, or the Russian Federa10 tion. 

11 (b) None of the funds appropriated or otherwise made 

12 available under this Act may be used to acquire a high13 impact or moderate impact information system reviewed 

14 and assessed under subsection (a) unless the head of the as15 sessing entity described in subsection (a) has— 

16 (1) developed, in consultation with NIST and 

17 supply chain risk management experts, a mitigation 

18 strategy for any identified risks; 

19 (2) determined, in consultation with NIST and 

20 the Federal Bureau of Investigation, that the acquisi21 tion of such system is in the vital national security 

22 interest of the United States; and 

23 (3) reported that determination to the Commit24 tees on Appropriations of the House of Representa25 tives and the Senate in a manner that identifies the 
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•HR 1865 EAH 

1 system intended for acquisition and a detailed de2 scription of the mitigation strategies identified in 

3 paragraph (1), provided that such report may include 

4 a classified annex as necessary. 

5 PROHIBITION ON CERTAIN OPERATIONAL EXPENSES

6 SEC. 209. (a) None of the funds made available in this 

7 Act may be used to maintain or establish a computer net8 work unless such network blocks the viewing, downloading, 

9 and exchanging of pornography. 

10 (b) Nothing in subsection (a) shall limit the use of 

11 funds necessary for any Federal, State, tribal, or local law 

12 enforcement agency or any other entity carrying out crimi13 nal investigations, prosecution, or adjudication activities or 

14 other official government activities. 

15 PLASTIC WASTE REDUCTION

16 SEC. 210. All agencies and offices funded by this divi17 sion that contract with a food service provider or providers 

18 shall confer and coordinate with such food service provider 

19 or providers, in consultation with disability advocacy 

20 groups, to eliminate or reduce plastic waste, including 

21 waste from plastic straws, explore the use of biodegradable 

22 items, and increase recycling and composting opportunities. 

23 ADJUSTMENT TO NORMAL COST PERCENTAGE RATES

24 SEC. 211. Section 8423(a)(1)(B)(i) of title 5, United 

25 States Code, is amended by inserting ‘‘(including a separate 
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•HR 1865 EAH 

1 normal-cost percentage for Congressional employees that are 

2 members of the Capitol Police covered under subsection (d) 

3 of section 8412 and subsection (c) of section 8425)’’ after 

4 ‘‘Congressional employees’’. 

5 CONGRESSIONAL STAFF COMPENSATION

6 SEC. 212. (a) SENATE.— 

7 (1) CHANGE IN MAXIMUM RATES.— 

8 (A) IN GENERAL.—Section 105 of the Legis9 lative Branch Appropriation Act, 1968 (2 U.S.C. 

10 4575) is amended— 

11 (i) in subsection (d)(2), in the second 

12 sentence, by striking ‘‘or in excess’’ and all 

13 that follows through ‘‘per annum.’’ and in14 serting ‘‘or in excess of $173,900.’’; 

15 (ii) in subsection (e)(3)(B), by striking 

16 ‘‘in excess of’’ and all that follows and in17 serting ‘‘in excess of $173,900.’’; and 

18 (iii) in subsection (f), in the first sen19 tence, by striking ‘‘or in excess’’ and all 

20 that follows through ‘‘unless expressly’’ and 

21 inserting ‘‘or in excess of $173,900, unless 

22 expressly’’. 

23 (B) AUTHORITY FOR STATUTORY EMPLOY24 EES.— 
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1 (i) FIXED SALARY POSITIONS.—For 

2 any position for which the Secretary of the 

3 Senate disburses the pay for the position 

4 and for which the specific amount of the 

5 rate of pay for the particular position is 

6 fixed by statute on the day before the effec7 tive date of the amendments made by this 

8 section, on and after such effective date the 

9 amount of the rate of pay for such position 

10 shall be fixed by the President pro tempore 

11 in an amount not to exceed the maximum 

12 rate of pay in effect under section 105(f) of 

13 the Legislative Branch Appropriation Act, 

14 1968 (2 U.S.C. 4575(f)). 

15 (ii) POSITIONS WITH MAXIMUMS.—For 

16 any position for which the Secretary of the 

17 Senate disburses the pay for the position 

18 and for which the maximum rate of pay for 

19 the particular position is fixed by statute 

20 on the day before the effective date of the 

21 amendments made by this section, on and 

22 after such effective date the maximum rate 

23 of pay for such position shall be fixed by the 

24 President pro tempore, which shall not ex25 ceed the maximum rate of pay in effect 
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•HR 1865 EAH 

1 under section 105(f) of the Legislative 

2 Branch Appropriation Act, 1968 (2 U.S.C. 

3 4575(f)). 

4 (2) ADJUSTMENTS.— 

5 (A) IN GENERAL.—Section 4 of the Federal 

6 Pay Comparability Act of 1970 (2 U.S.C. 4571) 

7 is amended— 

8 (i) in subsection (a)— 

9 (I) in paragraph (1)— 

10 (aa) in subparagraph (A), by 

11 striking ‘‘or’’ at the end; and 

12 (bb) by striking subpara13 graph (B) and inserting the fol14 lowing: 

15 ‘‘(B) in the case of such personnel appointed to 

16 positions for which the rates of pay for the particular 

17 positions were fixed by or pursuant to law at specific 

18 rates on the day before the effective date of the amend19 ments made by section 212 of the Legislative Branch 

20 Appropriations Act, 2020, adjust such rates; and 

21 ‘‘(C) in the case of such personnel appointed to 

22 positions for which the maximum rates of pay for the 

23 particular positions were fixed by or pursuant to law 

24 on the day before such effective date, adjust such max25 imum rates; and’’; and 
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•HR 1865 EAH 

1 (II) in the matter following para2 graph (2)— 

3 (aa) by striking ‘‘and with 

4 such exceptions as may be nec5 essary to provide for appropriate 

6 pay relationships between posi7 tions’’; and 

8 (bb) by striking ‘‘to restore’’ 

9 and all that follows through ‘‘be10 tween positions.’’ and inserting 

11 ‘‘to maintain the pay relation12 ships that existed on the effective 

13 date of the amendments made by 

14 section 212 of the Legislative 

15 Branch Appropriations Act, 2020 

16 between the maximum rate of pay 

17 for Senate personnel and Sen18 ators.’’; and 

19 (ii) in subsection (d), by striking ‘‘to 

20 restore’’ and all that follows and inserting 

21 ‘‘to maintain the pay relationships that ex22 isted on the effective date of the amendments 

23 made by section 212 of the Legislative 

24 Branch Appropriations Act, 2020 between 
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•HR 1865 EAH 

1 the maximum rate of pay for Senate per2 sonnel and Senators.’’. 

3 (B) OTHER ADJUSTMENTS.—Section 315(a) 

4 of the Legislative Branch Appropriations Act, 

5 1991 (2 U.S.C. 4573(a)) is amended by striking 

6 ‘‘to the extent necessary to maintain’’ and all 

7 that follows and inserting ‘‘(including such per8 sonnel appointed to positions for which the spe9 cific amount of the rate of pay for the particular 

10 position is fixed by statute on the day before the 

11 effective date of the amendments made by section 

12 212 of the Legislative Branch Appropriations 

13 Act, 2020 and such personnel appointed to posi14 tions for which the maximum rates of pay for 

15 the particular positions were fixed by or pursu16 ant to law on the day before such effective date) 

17 to the extent necessary to maintain the pay rela18 tionships that existed on such effective date be19 tween the maximum rate of pay for Senate per20 sonnel and Senators.’’. 

21 (3) CONFORMING AMENDMENTS.— 

22 (A) Section 105 of the Legislative Branch 

23 Appropriation Act, 1976 (Public Law 94–59; 89 

24 Stat. 275) is repealed. 
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•HR 1865 EAH 

1 (B) Section 201(a)(5)(A) of the Congres2 sional Budget Act of 1974 (2 U.S.C. 

3 601(a)(5)(A)) is amended by striking ‘‘the lower 

4 of—’’ and all that follows and inserting ‘‘the 

5 maximum rate of pay in effect under section 

6 105(f) of the Legislative Branch Appropriation 

7 Act, 1968 (2 U.S.C. 4575(f)).’’. 

8 (C) Section 302(a)(2)(B) of the Congres9 sional Accountability Act of 1995 (2 U.S.C. 

10 1382(a)(2)(B)) is amended by striking ‘‘the lesser 

11 of—’’ and all that follows and inserting ‘‘the 

12 maximum rate of pay in effect under section 

13 105(f) of the Legislative Branch Appropriation 

14 Act, 1968 (2 U.S.C. 4575(f)).’’. 

15 (D) The first section of the Act entitled ‘‘An 

16 Act to fix the annual rates of pay for the Archi17 tect of the Capitol and the Assistant Architect of 

18 the Capitol’’ (2 U.S.C. 1802) is amended to read 

19 as follows: 

20 ‘‘SECTION 1. COMPENSATION. 

21 ‘‘The compensation of the Architect of the Capitol shall 

22 be at an annual rate which is equal to the maximum rate 

23 of pay in effect under section 105(f) of the Legislative 

24 Branch Appropriation Act, 1968 (2 U.S.C. 4575(f)).’’. 
566 

•HR 1865 EAH 

1 (E) Subsection (c) of the first section of the 

2 Act entitled ‘‘An Act to establish by law the posi3 tion of Chief of the Capitol Police, and for other 

4 purposes’’ (2 U.S.C. 1902) is amended by strik5 ing ‘‘the lower of’’ and all that follows and in6 serting ‘‘the maximum rate of pay in effect 

7 under section 105(f) of the Legislative Branch 

8 Appropriation Act, 1968 (2 U.S.C. 4575(f)).’’. 

9 (F) Senate Resolution 89, 100th Congress, 

10 agreed to January 28, 1987, as enacted into law 

11 by section 9 of the Legislative Branch Appro12 priations Act, 1990 (2 U.S.C. 6133), is amended 

13 in subsection (a) of the first section by striking 

14 ‘‘by the appropriate Leader’’ and all that follows 

15 and inserting ‘‘by the appropriate Leader.’’. 

16 (G) Section 2(a) of the Legislative Branch 

17 Appropriations Act, 1988 (as enacted into law 

18 by section 101(i) of Public Law 100–202 (101 

19 Stat. 1329–290)) (2 U.S.C. 6651) is repealed. 

20 (H) Section 203(g) of the Federal Legisla21 tive Salary Act of 1964 (Public Law 88–426; 78 

22 Stat. 415) is repealed. 

23 (I) Section 701 of the Ethics in Government 

24 Act of 1978 (2 U.S.C. 288) is amended— 
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•HR 1865 EAH 

1 (i) by striking paragraph (4) of sub2 section (a); and 

3 (ii) in subsection (b)(1), by striking the 

4 second sentence. 

5 (b) HOUSE OF REPRESENTATIVES.— 

6 (1) ADJUSTMENTS BY SPEAKER OF THE

7 HOUSE.—Section 311(d) of the Legislative Branch 

8 Appropriations Act, 1988 (as enacted into law by sec9 tion 101(i) of Public Law 100–202 (101 Stat. 1329– 

10 290)) (2 U.S.C. 4532) is amended— 

11 (A) in paragraph (1)— 

12 (i) by striking ‘‘and’’ at the end of sub13 paragraph (A); 

14 (ii) by striking the period at the end of 

15 subparagraph (B) and inserting ‘‘; and’’; 

16 and 

17 (iii) by adding at the end the following 

18 new subparagraph: 

19 ‘‘(C) the maintenance of the pay relationship de20 scribed in paragraph (3).’’; 

21 (B) by redesignating paragraph (3) as 

22 paragraph (4); and 

23 (C) by inserting after paragraph (2) the fol24 lowing new paragraph: 
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1 ‘‘(3) The pay relationship described in this paragraph 

2 is the relationship in existence as of the effective date of 

3 the amendments made by section 212 of the Legislative 

4 Branch Appropriations Act, 2020 between— 

5 ‘‘(A) an annual rate of pay of $173,900; and 

6 ‘‘(B) the annual rate of pay of a Member of the 

7 House of Representatives who is not the Speaker, Ma8 jority Leader, or Minority Leader of the House.’’. 

9 (2) PAY ADJUSTMENTS BY CHIEF ADMINISTRA10 TIVE OFFICER.—Section 4(e) of the Federal Pay Com11 parability Act of 1970 (2 U.S.C. 4531(e)) is amended 

12 to read as follows: 

13 ‘‘(e) No rate of pay for any position shall be adjusted 

14 under this section to an amount in excess of the rate of 

15 pay in effect for such position under an order issued by 

16 the Speaker of the House of Representatives pursuant to the 

17 authority of section 311(d) of the Legislative Branch Appro18 priations Act, 1988 (2 U.S.C. 4532).’’. 

19 (3) CERTAIN POSITIONS OF THE HOUSE OF REP20 RESENTATIVES.— 

21 (A) LEGISLATIVE COUNSEL.—Section 523 of 

22 the Legislative Reorganization Act of 1970 (2 

23 U.S.C. 282b) is amended— 

24 (i) in subsection (a), by striking ‘‘equal 

25 to the rate of basic pay’’ and all that fol-
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•HR 1865 EAH 

1 lows and inserting ‘‘equal to the greater of 

2 $173,900 or the rate of pay in effect for 

3 such position under an order issued by the 

4 Speaker of the House of Representatives 

5 pursuant to the authority of section 311(d) 

6 of the Legislative Branch Appropriations 

7 Act, 1988 (2 U.S.C. 4532).’’; and 

8 (ii) in subsection (b), by striking ‘‘in 

9 excess of the rate of basic pay’’ and all that 

10 follows and inserting ‘‘in excess of the ap11 plicable rate of pay in effect under an order 

12 issued by the Speaker of the House of Rep13 resentatives pursuant to the authority of 

14 section 311(d) of the Legislative Branch Ap15 propriations Act, 1988 (2 U.S.C. 4532).’’. 

16 (B) LAW REVISION COUNSEL.—Section 

17 205(f) of House Resolution 988, 93rd Congress, 

18 agreed to October 8, 1974, as enacted into law by 

19 the matter under the heading ‘‘ADMINISTRATIVE

20 PROVISIONS’’ under the heading ‘‘HOUSE OF 

21 REPRESENTATIVES’’ under chapter III of 

22 title I of the Supplemental Appropriations Act, 

23 1975 (2 U.S.C. 285e), is amended by striking 

24 ‘‘Law Revision Counsel shall be paid’’ and all 

25 that follows and inserting ‘‘Law Revision Coun-
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•HR 1865 EAH 

1 sel shall be paid at a per annum gross rate de2 termined by the Speaker not to exceed the greater 

3 of $173,900 or the rate of pay in effect for such 

4 position under an order issued by the Speaker 

5 pursuant to the authority of section 311(d) of the 

6 Legislative Branch Appropriations Act, 1988 (2 

7 U.S.C. 4532); and members of the staff of the Of8 fice other than the Law Revision Counsel shall be 

9 paid at per annum gross rates fixed by the Law 

10 Revision Counsel with the approval of the Speak11 er or in accordance with policies approved by the 

12 Speaker, but not in excess of the applicable rate 

13 of pay in effect under an order issued by the 

14 Speaker pursuant to the authority of such sec15 tion.’’. 

16 (C) PARLIAMENTARIAN.—Section 4 of 

17 House Resolution 502, 95th Congress, agreed to 

18 April 20, 1977, as enacted into law by section 

19 115 of the Legislative Branch Appropriation Act, 

20 1978 (2 U.S.C. 287c), is amended— 

21 (i) in subsection (a), by striking ‘‘but 

22 not in excess’’ and all that follows and in23 serting ‘‘but not in excess of the greater of 

24 $173,900 or the rate of pay in effect for 

25 such position under an order issued by the 
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1 Speaker of the House of Representatives 

2 pursuant to the authority of section 311(d) 

3 of the Legislative Branch Appropriations 

4 Act, 1988 (2 U.S.C. 4532).’’; and 

5 (ii) in subsection (b), by striking ‘‘, but 

6 not in excess of the rate of basic pay set 

7 forth in subsection (a)’’ and inserting ‘‘but 

8 not in excess of the applicable rate of pay 

9 in effect under an order issued by the 

10 Speaker of the House of Representatives 

11 pursuant to the authority of section 311(d) 

12 of the Legislative Branch Appropriations 

13 Act, 1988 (2 U.S.C. 4532)’’. 

14 (D) CHAPLAIN.—Section 3 of House Resolu15 tion 661, 95th Congress, agreed to July 29, 1977, 

16 as enacted into law by section 111 of the Legisla17 tive Branch Appropriation Act, 1979 (2 U.S.C. 

18 5521), is amended by striking section 3 and in19 serting the following: 

20 ‘‘SEC. 3. The maximum per year gross rate of com21 pensation of the Chaplain of the House of Representatives 

22 shall not exceed the greater of $173,900 or the rate of pay 

23 in effect for such position under an order issued by the 

24 Speaker of the House of Representatives pursuant to the au-
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•HR 1865 EAH 

1 thority of section 311(d) of the Legislative Branch Appro2 priations Act, 1988 (2 U.S.C. 4532).’’. 

3 (E) CERTAIN LEADERSHIP EMPLOYEES.— 

4 Subsection (b) of the first section of House Reso5 lution 393, 95th Congress, agreed to March 31, 

6 1977, as enacted into law by section 115 of the 

7 Legislative Branch Appropriation Act, 1978 (2 

8 U.S.C. 5141(b)), is amended by striking ‘‘The 

9 annual rate’’ and all that follows through 

10 ‘‘United States Code,’’ and inserting the fol11 lowing: ‘‘The maximum annual rate of com12 pensation for any individual employed under 

13 subsection (a) shall not exceed the greater of 

14 $173,900 or the applicable rate of pay in effect 

15 under an order issued by the Speaker of the 

16 House of Representatives pursuant to the author17 ity of section 311(d) of the Legislative Branch 

18 Appropriations Act, 1988 (2 U.S.C. 4532),’’. 

19 (4) CHIEF OF STAFF OF JOINT COMMITTEE ON

20 TAXATION.—Section 214(e) of the Postal Revenue and 

21 Federal Salary Act of 1967 (2 U.S.C. 4302) is 

22 amended by striking ‘‘The per annum rate of com23 pensation’’ and all that follows through the period at 

24 the end and inserting the following: ‘‘The maximum 

25 annual rate of compensation of the Chief of Staff of 
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•HR 1865 EAH 

1 the Joint Committee on Taxation shall not exceed the 

2 greater of $173,900 or the rate of pay in effect for 

3 such position under an order issued by the Speaker 

4 of the House of Representatives pursuant to the au5 thority of section 311(d) of the Legislative Branch 

6 Appropriations Act, 1988 (2 U.S.C. 4532).’’. 

7 (c) EFFECTIVE DATE.—This section and the amend8 ments made by this section shall take effect on the later of— 

9 (1) the first day of the first applicable pay pe10 riod beginning on or after January 1, 2020; or 

11 (2) the first day of the first applicable pay pe12 riod beginning on or after the date of enactment of 

13 this Act. 

14 This division may be cited as the ‘‘Legislative Branch 

15 Appropriations Act, 2020’’. 

16 DIVISION F—MILITARY CONSTRUCTION, 

17 VETERANS AFFAIRS, AND RELATED 

18 AGENCIES APPROPRIATIONS ACT, 2020 

19 TITLE I 

20 DEPARTMENT OF DEFENSE 

21 MILITARY CONSTRUCTION, ARMY

22 For acquisition, construction, installation, and equip23 ment of temporary or permanent public works, military in24 stallations, facilities, and real property for the Army as 

25 currently authorized by law, including personnel in the 
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1 Army Corps of Engineers and other personal services nec2 essary for the purposes of this appropriation, and for con3 struction and operation of facilities in support of the func4 tions of the Commander in Chief, $1,178,499,000, to remain 

5 available until September 30, 2024: Provided, That, of this 

6 amount, not to exceed $136,099,000 shall be available for 

7 study, planning, design, architect and engineer services, 

8 and host nation support, as authorized by law, unless the 

9 Secretary of the Army determines that additional obliga10 tions are necessary for such purposes and notifies the Com11 mittees on Appropriations of both Houses of Congress of the 

12 determination and the reasons therefor. 

13 MILITARY CONSTRUCTION, NAVY AND MARINE CORPS

14 For acquisition, construction, installation, and equip15 ment of temporary or permanent public works, naval in16 stallations, facilities, and real property for the Navy and 

17 Marine Corps as currently authorized by law, including 

18 personnel in the Naval Facilities Engineering Command 

19 and other personal services necessary for the purposes of this 

20 appropriation, $2,449,632,000, to remain available until 

21 September 30, 2024: Provided, That, of this amount, not 

22 to exceed $178,715,000 shall be available for study, plan23 ning, design, and architect and engineer services, as author24 ized by law, unless the Secretary of the Navy determines 

25 that additional obligations are necessary for such purposes 
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1 and notifies the Committees on Appropriations of both 

2 Houses of Congress of the determination and the reasons 

3 therefor. 

4 MILITARY CONSTRUCTION, AIR FORCE

5 For acquisition, construction, installation, and equip6 ment of temporary or permanent public works, military in7 stallations, facilities, and real property for the Air Force 

8 as currently authorized by law, $1,687,230,000, to remain 

9 available until September 30, 2024: Provided, That, of this 

10 amount, not to exceed $153,148,000 shall be available for 

11 study, planning, design, and architect and engineer serv12 ices, as authorized by law, unless the Secretary of the Air 

13 Force determines that additional obligations are necessary 

14 for such purposes and notifies the Committees on Appro15 priations of both Houses of Congress of the determination 

16 and the reasons therefor. 

17 MILITARY CONSTRUCTION, DEFENSE-WIDE

18 (INCLUDING TRANSFER OF FUNDS)

19 For acquisition, construction, installation, and equip20 ment of temporary or permanent public works, installa21 tions, facilities, and real property for activities and agen22 cies of the Department of Defense (other than the military 

23 departments), as currently authorized by law, 

24 $2,362,529,000, to remain available until September 30, 

25 2024: Provided, That such amounts of this appropriation 
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•HR 1865 EAH 

1 as may be determined by the Secretary of Defense may be 

2 transferred to such appropriations of the Department of De3 fense available for military construction or family housing 

4 as the Secretary may designate, to be merged with and to 

5 be available for the same purposes, and for the same time 

6 period, as the appropriation or fund to which transferred: 

7 Provided further, That, of the amount, not to exceed 

8 $298,655,000 shall be available for study, planning, design, 

9 and architect and engineer services, as authorized by law, 

10 unless the Secretary of Defense determines that additional 

11 obligations are necessary for such purposes and notifies the 

12 Committees on Appropriations of both Houses of Congress 

13 of the determination and the reasons therefor. 

14 MILITARY CONSTRUCTION, ARMY NATIONAL GUARD

15 For construction, acquisition, expansion, rehabilita16 tion, and conversion of facilities for the training and ad17 ministration of the Army National Guard, and contribu18 tions therefor, as authorized by chapter 1803 of title 10, 

19 United States Code, and Military Construction Authoriza20 tion Acts, $210,819,000, to remain available until Sep21 tember 30, 2024: Provided, That, of the amount, not to ex22 ceed $20,469,000 shall be available for study, planning, de23 sign, and architect and engineer services, as authorized by 

24 law, unless the Director of the Army National Guard deter25 mines that additional obligations are necessary for such 
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1 purposes and notifies the Committees on Appropriations of 

2 both Houses of Congress of the determination and the rea3 sons therefor. 

4 MILITARY CONSTRUCTION, AIR NATIONAL GUARD

5 For construction, acquisition, expansion, rehabilita6 tion, and conversion of facilities for the training and ad7 ministration of the Air National Guard, and contributions 

8 therefor, as authorized by chapter 1803 of title 10, United 

9 States Code, and Military Construction Authorization Acts, 

10 $164,471,000, to remain available until September 30, 

11 2024: Provided, That, of the amount, not to exceed 

12 $17,000,000 shall be available for study, planning, design, 

13 and architect and engineer services, as authorized by law, 

14 unless the Director of the Air National Guard determines 

15 that additional obligations are necessary for such purposes 

16 and notifies the Committees on Appropriations of both 

17 Houses of Congress of the determination and the reasons 

18 therefor. 

19 MILITARY CONSTRUCTION, ARMY RESERVE

20 For construction, acquisition, expansion, rehabilita21 tion, and conversion of facilities for the training and ad22 ministration of the Army Reserve as authorized by chapter 

23 1803 of title 10, United States Code, and Military Con24 struction Authorization Acts, $60,928,000, to remain avail25 able until September 30, 2024: Provided, That, of the 
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•HR 1865 EAH 

1 amount, not to exceed $6,000,000 shall be available for 

2 study, planning, design, and architect and engineer serv3 ices, as authorized by law, unless the Chief of the Army 

4 Reserve determines that additional obligations are nec5 essary for such purposes and notifies the Committees on Ap6 propriations of both Houses of Congress of the determina7 tion and the reasons therefor. 

8 MILITARY CONSTRUCTION, NAVY RESERVE

9 For construction, acquisition, expansion, rehabilita10 tion, and conversion of facilities for the training and ad11 ministration of the reserve components of the Navy and Ma12 rine Corps as authorized by chapter 1803 of title 10, United 

13 States Code, and Military Construction Authorization Acts, 

14 $54,955,000, to remain available until September 30, 2024: 

15 Provided, That, of the amount, not to exceed $4,780,000 

16 shall be available for study, planning, design, and architect 

17 and engineer services, as authorized by law, unless the Sec18 retary of the Navy determines that additional obligations 

19 are necessary for such purposes and notifies the Committees 

20 on Appropriations of both Houses of Congress of the deter21 mination and the reasons therefor. 

22 MILITARY CONSTRUCTION, AIR FORCE RESERVE

23 For construction, acquisition, expansion, rehabilita24 tion, and conversion of facilities for the training and ad25 ministration of the Air Force Reserve as authorized by 
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•HR 1865 EAH 

1 chapter 1803 of title 10, United States Code, and Military 

2 Construction Authorization Acts, $59,750,000, to remain 

3 available until September 30, 2024: Provided, That, of the 

4 amount, not to exceed $4,604,000 shall be available for 

5 study, planning, design, and architect and engineer serv6 ices, as authorized by law, unless the Chief of the Air Force 

7 Reserve determines that additional obligations are nec8 essary for such purposes and notifies the Committees on Ap9 propriations of both Houses of Congress of the determina10 tion and the reasons therefor. 

11 NORTH ATLANTIC TREATY ORGANIZATION

12 SECURITY INVESTMENT PROGRAM

13 For the United States share of the cost of the North 

14 Atlantic Treaty Organization Security Investment Pro15 gram for the acquisition and construction of military facili16 ties and installations (including international military 

17 headquarters) and for related expenses for the collective de18 fense of the North Atlantic Treaty Area as authorized by 

19 section 2806 of title 10, United States Code, and Military 

20 Construction Authorization Acts, $172,005,000, to remain 

21 available until expended. 

22 DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT

23 For deposit into the Department of Defense Base Clo24 sure Account, established by section 2906(a) of the Defense 
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1 Base Closure and Realignment Act of 1990 (10 U.S.C. 2687 

2 note), $398,526,000, to remain available until expended. 

3 FAMILY HOUSING CONSTRUCTION, ARMY

4 For expenses of family housing for the Army for con5 struction, including acquisition, replacement, addition, ex6 pansion, extension, and alteration, as authorized by law, 

7 $141,372,000, to remain available until September 30, 

8 2024. 

9 FAMILY HOUSING OPERATION AND MAINTENANCE, ARMY

10 For expenses of family housing for the Army for oper11 ation and maintenance, including debt payment, leasing, 

12 minor construction, principal and interest charges, and in13 surance premiums, as authorized by law, $357,907,000. 

14 FAMILY HOUSING CONSTRUCTION, NAVY AND MARINE

15 CORPS

16 For expenses of family housing for the Navy and Ma17 rine Corps for construction, including acquisition, replace18 ment, addition, expansion, extension, and alteration, as au19 thorized by law, $47,661,000, to remain available until 

20 September 30, 2024. 

21 FAMILY HOUSING OPERATION AND MAINTENANCE, NAVY

22 AND MARINE CORPS

23 For expenses of family housing for the Navy and Ma24 rine Corps for operation and maintenance, including debt 

25 payment, leasing, minor construction, principal and inter-
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•HR 1865 EAH 

1 est charges, and insurance premiums, as authorized by law, 

2 $317,870,000. 

3 FAMILY HOUSING CONSTRUCTION, AIR FORCE

4 For expenses of family housing for the Air Force for 

5 construction, including acquisition, replacement, addition, 

6 expansion, extension, and alteration, as authorized by law, 

7 $103,631,000, to remain available until September 30, 

8 2024. 

9 FAMILY HOUSING OPERATION AND MAINTENANCE, AIR

10 FORCE

11 For expenses of family housing for the Air Force for 

12 operation and maintenance, including debt payment, leas13 ing, minor construction, principal and interest charges, 

14 and insurance premiums, as authorized by law, 

15 $295,016,000. 

16 FAMILY HOUSING OPERATION AND MAINTENANCE, 

17 DEFENSE-WIDE

18 For expenses of family housing for the activities and 

19 agencies of the Department of Defense (other than the mili20 tary departments) for operation and maintenance, leasing, 

21 and minor construction, as authorized by law, $57,000,000. 

22 DEPARTMENT OF DEFENSE

23 FAMILY HOUSING IMPROVEMENT FUND

24 For the Department of Defense Family Housing Im25 provement Fund, $3,045,000, to remain available until ex-
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•HR 1865 EAH 

1 pended, for family housing initiatives undertaken pursuant 

2 to section 2883 of title 10, United States Code, providing 

3 alternative means of acquiring and improving military 

4 family housing and supporting facilities. 

5 DEPARTMENT OF DEFENSE

6 MILITARY UNACCOMPANIED HOUSING IMPROVEMENT

7 FUND

8 For the Department of Defense Military Unaccom9 panied Housing Improvement Fund, $500,000, to remain 

10 available until expended, for unaccompanied housing ini11 tiatives undertaken pursuant to section 2883 of title 10, 

12 United States Code, providing alternative means of acquir13 ing and improving military unaccompanied housing and 

14 supporting facilities. 

15 ADMINISTRATIVE PROVISIONS

16 SEC. 101. None of the funds made available in this 

17 title shall be expended for payments under a cost-plus-a18 fixed-fee contract for construction, where cost estimates ex19 ceed $25,000, to be performed within the United States, ex20 cept Alaska, without the specific approval in writing of the 

21 Secretary of Defense setting forth the reasons therefor. 

22 SEC. 102. Funds made available in this title for con23 struction shall be available for hire of passenger motor vehi24 cles. 
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1 SEC. 103. Funds made available in this title for con2 struction may be used for advances to the Federal Highway 

3 Administration, Department of Transportation, for the con4 struction of access roads as authorized by section 210 of 

5 title 23, United States Code, when projects authorized there6 in are certified as important to the national defense by the 

7 Secretary of Defense. 

8 SEC. 104. None of the funds made available in this 

9 title may be used to begin construction of new bases in the 

10 United States for which specific appropriations have not 

11 been made. 

12 SEC. 105. None of the funds made available in this 

13 title shall be used for purchase of land or land easements 

14 in excess of 100 percent of the value as determined by the 

15 Army Corps of Engineers or the Naval Facilities Engineer16 ing Command, except: (1) where there is a determination 

17 of value by a Federal court; (2) purchases negotiated by 

18 the Attorney General or the designee of the Attorney Gen19 eral; (3) where the estimated value is less than $25,000; or 

20 (4) as otherwise determined by the Secretary of Defense to 

21 be in the public interest. 

22 SEC. 106. None of the funds made available in this 

23 title shall be used to: (1) acquire land; (2) provide for site 

24 preparation; or (3) install utilities for any family housing, 

25 except housing for which funds have been made available 
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1 in annual Acts making appropriations for military con2 struction. 

3 SEC. 107. None of the funds made available in this 

4 title for minor construction may be used to transfer or relo5 cate any activity from one base or installation to another, 

6 without prior notification to the Committees on Appropria7 tions of both Houses of Congress. 

8 SEC. 108. None of the funds made available in this 

9 title may be used for the procurement of steel for any con10 struction project or activity for which American steel pro11 ducers, fabricators, and manufacturers have been denied the 

12 opportunity to compete for such steel procurement. 

13 SEC. 109. None of the funds available to the Depart14 ment of Defense for military construction or family housing 

15 during the current fiscal year may be used to pay real prop16 erty taxes in any foreign nation. 

17 SEC. 110. None of the funds made available in this 

18 title may be used to initiate a new installation overseas 

19 without prior notification to the Committees on Appropria20 tions of both Houses of Congress. 

21 SEC. 111. None of the funds made available in this 

22 title may be obligated for architect and engineer contracts 

23 estimated by the Government to exceed $500,000 for projects 

24 to be accomplished in Japan, in any North Atlantic Treaty 

25 Organization member country, or in countries bordering the 
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•HR 1865 EAH 

1 Arabian Gulf, unless such contracts are awarded to United 

2 States firms or United States firms in joint venture with 

3 host nation firms. 

4 SEC. 112. None of the funds made available in this 

5 title for military construction in the United States terri6 tories and possessions in the Pacific and on Kwajalein 

7 Atoll, or in countries bordering the Arabian Gulf, may be 

8 used to award any contract estimated by the Government 

9 to exceed $1,000,000 to a foreign contractor: Provided, That 

10 this section shall not be applicable to contract awards for 

11 which the lowest responsive and responsible bid of a United 

12 States contractor exceeds the lowest responsive and respon13 sible bid of a foreign contractor by greater than 20 percent: 

14 Provided further, That this section shall not apply to con15 tract awards for military construction on Kwajalein Atoll 

16 for which the lowest responsive and responsible bid is sub17 mitted by a Marshallese contractor. 

18 SEC. 113. The Secretary of Defense shall inform the 

19 appropriate committees of both Houses of Congress, includ20 ing the Committees on Appropriations, of plans and scope 

21 of any proposed military exercise involving United States 

22 personnel 30 days prior to its occurring, if amounts ex23 pended for construction, either temporary or permanent, 

24 are anticipated to exceed $100,000. 
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1 SEC. 114. Funds appropriated to the Department of 

2 Defense for construction in prior years shall be available 

3 for construction authorized for each such military depart4 ment by the authorizations enacted into law during the cur5 rent session of Congress. 

6 SEC. 115. For military construction or family housing 

7 projects that are being completed with funds otherwise ex8 pired or lapsed for obligation, expired or lapsed funds may 

9 be used to pay the cost of associated supervision, inspection, 

10 overhead, engineering and design on those projects and on 

11 subsequent claims, if any. 

12 SEC. 116. Notwithstanding any other provision of law, 

13 any funds made available to a military department or de14 fense agency for the construction of military projects may 

15 be obligated for a military construction project or contract, 

16 or for any portion of such a project or contract, at any 

17 time before the end of the fourth fiscal year after the fiscal 

18 year for which funds for such project were made available, 

19 if the funds obligated for such project: (1) are obligated from 

20 funds available for military construction projects; and (2) 

21 do not exceed the amount appropriated for such project, 

22 plus any amount by which the cost of such project is in23 creased pursuant to law. 
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•HR 1865 EAH 

1 (INCLUDING TRANSFER OF FUNDS)

2 SEC. 117. Subject to 30 days prior notification, or 14 

3 days for a notification provided in an electronic medium 

4 pursuant to sections 480 and 2883 of title 10, United States 

5 Code, to the Committees on Appropriations of both Houses 

6 of Congress, such additional amounts as may be determined 

7 by the Secretary of Defense may be transferred to: (1) the 

8 Department of Defense Family Housing Improvement Fund 

9 from amounts appropriated for construction in ‘‘Family 

10 Housing’’ accounts, to be merged with and to be available 

11 for the same purposes and for the same period of time as 

12 amounts appropriated directly to the Fund; or (2) the De13 partment of Defense Military Unaccompanied Housing Im14 provement Fund from amounts appropriated for construc15 tion of military unaccompanied housing in ‘‘Military Con16 struction’’ accounts, to be merged with and to be available 

17 for the same purposes and for the same period of time as 

18 amounts appropriated directly to the Fund: Provided, That 

19 appropriations made available to the Funds shall be avail20 able to cover the costs, as defined in section 502(5) of the 

21 Congressional Budget Act of 1974, of direct loans or loan 

22 guarantees issued by the Department of Defense pursuant 

23 to the provisions of subchapter IV of chapter 169 of title 

24 10, United States Code, pertaining to alternative means of 
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•HR 1865 EAH 

1 acquiring and improving military family housing, military 

2 unaccompanied housing, and supporting facilities. 

3 (INCLUDING TRANSFER OF FUNDS)

4 SEC. 118. In addition to any other transfer authority 

5 available to the Department of Defense, amounts may be 

6 transferred from the Department of Defense Base Closure 

7 Account to the fund established by section 1013(d) of the 

8 Demonstration Cities and Metropolitan Development Act of 

9 1966 (42 U.S.C. 3374) to pay for expenses associated with 

10 the Homeowners Assistance Program incurred under 42 

11 U.S.C. 3374(a)(1)(A). Any amounts transferred shall be 

12 merged with and be available for the same purposes and 

13 for the same time period as the fund to which transferred. 

14 SEC. 119. Notwithstanding any other provision of law, 

15 funds made available in this title for operation and mainte16 nance of family housing shall be the exclusive source of 

17 funds for repair and maintenance of all family housing 

18 units, including general or flag officer quarters: Provided, 

19 That not more than $35,000 per unit may be spent annu20 ally for the maintenance and repair of any general or flag 

21 officer quarters without 30 days prior notification, or 14 

22 days for a notification provided in an electronic medium 

23 pursuant to sections 480 and 2883 of title 10, United States 

24 Code, to the Committees on Appropriations of both Houses 

25 of Congress, except that an after-the-fact notification shall 
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•HR 1865 EAH 

1 be submitted if the limitation is exceeded solely due to costs 

2 associated with environmental remediation that could not 

3 be reasonably anticipated at the time of the budget submis4 sion: Provided further, That the Under Secretary of Defense 

5 (Comptroller) is to report annually to the Committees on 

6 Appropriations of both Houses of Congress all operation 

7 and maintenance expenditures for each individual general 

8 or flag officer quarters for the prior fiscal year. 

9 SEC. 120. Amounts contained in the Ford Island Im10 provement Account established by subsection (h) of section 

11 2814 of title 10, United States Code, are appropriated and 

12 shall be available until expended for the purposes specified 

13 in subsection (i)(1) of such section or until transferred pur14 suant to subsection (i)(3) of such section. 

15 (INCLUDING TRANSFER OF FUNDS)

16 SEC. 121. During the 5-year period after appropria17 tions available in this Act to the Department of Defense 

18 for military construction and family housing operation and 

19 maintenance and construction have expired for obligation, 

20 upon a determination that such appropriations will not be 

21 necessary for the liquidation of obligations or for making 

22 authorized adjustments to such appropriations for obliga23 tions incurred during the period of availability of such ap24 propriations, unobligated balances of such appropriations 

25 may be transferred into the appropriation ‘‘Foreign Cur-
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1 rency Fluctuations, Construction, Defense’’, to be merged 

2 with and to be available for the same time period and for 

3 the same purposes as the appropriation to which trans4 ferred. 

5 (INCLUDING TRANSFER OF FUNDS)

6 SEC. 122. Amounts appropriated or otherwise made 

7 available in an account funded under the headings in this 

8 title may be transferred among projects and activities with9 in the account in accordance with the reprogramming 

10 guidelines for military construction and family housing 

11 construction contained in Department of Defense Financial 

12 Management Regulation 7000.14–R, Volume 3, Chapter 7, 

13 of March 2011, as in effect on the date of enactment of this 

14 Act. 

15 SEC. 123. None of the funds made available in this 

16 title may be obligated or expended for planning and design 

17 and construction of projects at Arlington National Ceme18 tery. 

19 SEC. 124. For an additional amount for the accounts 

20 and in the amounts specified, to remain available until 

21 September 30, 2024: 

22 ‘‘Military Construction, Army’’, $79,500,000; 

23 ‘‘Military Construction, Navy and Marine 

24 Corps’’, $374,529,000; 
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1 ‘‘Military Construction, Air Force’’, 

2 $288,200,000; 

3 ‘‘Military Construction, Army National Guard’’, 

4 $155,000,000; 

5 ‘‘Military Construction, Air National Guard’’, 

6 $57,000,000; 

7 ‘‘Military Construction, Air Force Reserve’’, 

8 $24,800,000; and 

9 ‘‘Military Construction, Defense-Wide’’, 

10 $66,880,000: 

11 Provided, That such funds may only be obligated to carry 

12 out construction projects identified in the respective mili13 tary department’s unfunded priority list for fiscal year 

14 2020 submitted to Congress: Provided further, That such 

15 projects are subject to authorization prior to obligation and 

16 expenditure of funds to carry out construction: Provided 

17 further, That not later than 30 days after enactment of this 

18 Act, the Secretary of the military department concerned, or 

19 his or her designee, shall submit to the Committees on Ap20 propriations of both Houses of Congress an expenditure 

21 plan for funds provided under this section. 

22 (RESCISSIONS OF FUNDS)

23 SEC. 125. Of the unobligated balances available to the 

24 Department of Defense from prior appropriation Acts, the 
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1 following funds are hereby rescinded from the following ac2 counts in the amounts specified: 

3 ‘‘Military Construction, Defense-Wide’’, 

4 $45,055,000; and 

5 ‘‘NATO Security Investment Program’’, 

6 $25,000,000: 

7 Provided, That no amounts may be rescinded from amounts 

8 that were designated by the Congress for Overseas Contin9 gency Operations/Global War on Terrorism or as an emer10 gency requirement pursuant to a concurrent resolution on 

11 the budget or the Balanced Budget and Emergency Deficit 

12 Control Act of 1985, as amended. 

13 SEC. 126. For the purposes of this Act, the term ‘‘con14 gressional defense committees’’ means the Committees on 

15 Armed Services of the House of Representatives and the 

16 Senate, the Subcommittee on Military Construction and 

17 Veterans Affairs of the Committee on Appropriations of the 

18 Senate, and the Subcommittee on Military Construction 

19 and Veterans Affairs of the Committee on Appropriations 

20 of the House of Representatives. 

21 SEC. 127. None of the funds made available by this 

22 Act may be used to carry out the closure or realignment 

23 of the United States Naval Station, Guanta ́namo Bay, 

24 Cuba. 
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•HR 1865 EAH 

1 SEC. 128. Notwithstanding any other provision of law, 

2 none of the funds appropriated or otherwise made available 

3 by this or any other Act may be used to consolidate or relo4 cate any element of a United States Air Force Rapid Engi5 neer Deployable Heavy Operational Repair Squadron En6 gineer (RED HORSE) outside of the United States until 

7 the Secretary of the Air Force: (1) completes an analysis 

8 and comparison of the cost and infrastructure investment 

9 required to consolidate or relocate a RED HORSE squad10 ron outside of the United States versus within the United 

11 States; (2) provides to the Committees on Appropriations 

12 of both Houses of Congress (‘‘the Committees’’) a report de13 tailing the findings of the cost analysis; and (3) certifies 

14 in writing to the Committees that the preferred site for the 

15 consolidation or relocation yields the greatest savings for 

16 the Air Force: Provided, That the term ‘‘United States’’ in 

17 this section does not include any territory or possession of 

18 the United States. 

19 SEC. 129. All amounts appropriated to the ‘‘Depart20 ment of Defense—Military Construction, Army’’, ‘‘Depart21 ment of Defense—Military Construction, Navy and Marine 

22 Corps’’, ‘‘Department of Defense—Military Construction, 

23 Air Force’’, and ‘‘Department of Defense—Military Con24 struction, Defense-Wide’’ accounts pursuant to the author25 ization of appropriations in a National Defense Authoriza-
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1 tion Act specified for fiscal year 2020 in the funding table 

2 in section 4601 of that Act shall be immediately available 

3 and allotted to contract for the full scope of authorized 

4 projects. 

5 SEC. 130. For an additional amount for the accounts 

6 and in the amounts specified for planning and design, for 

7 improving military installation resilience, to remain avail8 able until September 30, 2024: 

9 ‘‘Military Construction, Army’’, $20,000,000; 

10 ‘‘Military Construction, Navy and Marine 

11 Corps’’, $35,000,000; and 

12 ‘‘Military Construction, Air Force’’, $20,000,000: 

13 Provided, That not later than 60 days after enactment of 

14 this Act, the Secretary of the military department con15 cerned, or his or her designee, shall submit to the Commit16 tees on Appropriations of both Houses of Congress an ex17 penditure plan for funds provided under this section: Pro18 vided further, That the Secretary of the military depart19 ment concerned may not obligate or expend any funds prior 

20 to approval by the Committees on Appropriations of both 

21 Houses of Congress of the expenditure plan required by this 

22 section. 

23 SEC. 131. For an additional amount for the accounts 

24 and in the amounts specified, to remain available until 

25 September 30, 2021: 
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1 ‘‘Family Housing Operation and Maintenance, 

2 Army’’, $50,000,000; 

3 ‘‘Family Housing Operation and Maintenance, 

4 Navy and Marine Corps’’, $59,600,000; and 

5 ‘‘Family Housing Operation and Maintenance, 

6 Air Force’’, $31,200,000. 

7 TITLE II 

8 DEPARTMENT OF VETERANS AFFAIRS 

9 VETERANS BENEFITS ADMINISTRATION

10 COMPENSATION AND PENSIONS

11 (INCLUDING TRANSFER OF FUNDS)

12 For the payment of compensation benefits to or on be13 half of veterans and a pilot program for disability examina14 tions as authorized by section 107 and chapters 11, 13, 18, 

15 51, 53, 55, and 61 of title 38, United States Code; pension 

16 benefits to or on behalf of veterans as authorized by chapters 

17 15, 51, 53, 55, and 61 of title 38, United States Code; and 

18 burial benefits, the Reinstated Entitlement Program for 

19 Survivors, emergency and other officers’ retirement pay, ad20 justed-service credits and certificates, payment of premiums 

21 due on commercial life insurance policies guaranteed under 

22 the provisions of title IV of the Servicemembers Civil Relief 

23 Act (50 U.S.C. App. 541 et seq.) and for other benefits as 

24 authorized by sections 107, 1312, 1977, and 2106, and 

25 chapters 23, 51, 53, 55, and 61 of title 38, United States 
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•HR 1865 EAH 

1 Code, $1,439,931,000, which shall be in addition to funds 

2 previously appropriated under this heading that became 

3 available on October 1, 2019; and, $118,246,975,000 shall 

4 become available on October 1, 2020: Provided, That not 

5 to exceed $18,147,000 of the amount made available for fis6 cal year 2021 under this heading shall be reimbursed to 

7 ‘‘General Operating Expenses, Veterans Benefits Adminis8 tration’’, and ‘‘Information Technology Systems’’ for nec9 essary expenses in implementing the provisions of chapters 

10 51, 53, and 55 of title 38, United States Code, the funding 

11 source for which is specifically provided as the ‘‘Compensa12 tion and Pensions’’ appropriation: Provided further, That 

13 such sums as may be earned on an actual qualifying pa14 tient basis, shall be reimbursed to ‘‘Medical Care Collections 

15 Fund’’ to augment the funding of individual medical facili16 ties for nursing home care provided to pensioners as author17 ized. 

18 READJUSTMENT BENEFITS

19 For the payment of readjustment and rehabilitation 

20 benefits to or on behalf of veterans as authorized by chapters 

21 21, 30, 31, 33, 34, 35, 36, 39, 41, 51, 53, 55, and 61 of 

22 title 38, United States Code, $12,578,965,000, to remain 

23 available until expended and to become available on October 

24 1, 2020: Provided, That expenses for rehabilitation program 

25 services and assistance which the Secretary is authorized 
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•HR 1865 EAH 

1 to provide under subsection (a) of section 3104 of title 38, 

2 United States Code, other than under paragraphs (1), (2), 

3 (5), and (11) of that subsection, shall be charged to this 

4 account. 

5 VETERANS INSURANCE AND INDEMNITIES

6 For military and naval insurance, national service life 

7 insurance, servicemen’s indemnities, service-disabled vet8 erans insurance, and veterans mortgage life insurance as 

9 authorized by chapters 19 and 21 of title 38, United States 

10 Code, $17,620,000, which shall be in addition to funds pre11 viously appropriated under this heading that became avail12 able on October 1, 2019, to remain available until expended; 

13 and, in addition, $129,224,000, shall become available on 

14 October 1, 2020, and shall remain available until expended. 

15 VETERANS HOUSING BENEFIT PROGRAM FUND

16 For the cost of direct and guaranteed loans, such sums 

17 as may be necessary to carry out the program, as authorized 

18 by subchapters I through III of chapter 37 of title 38, 

19 United States Code: Provided, That such costs, including 

20 the cost of modifying such loans, shall be as defined in sec21 tion 502 of the Congressional Budget Act of 1974: Provided 

22 further, That, during fiscal year 2020, within the resources 

23 available, not to exceed $500,000 in gross obligations for 

24 direct loans are authorized for specially adapted housing 

25 loans. 
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1 In addition, for administrative expenses to carry out 

2 the direct and guaranteed loan programs, $200,377,391. 

3 VOCATIONAL REHABILITATION LOANS PROGRAM ACCOUNT

4 For the cost of direct loans, $57,729, as authorized by 

5 chapter 31 of title 38, United States Code: Provided, That 

6 such costs, including the cost of modifying such loans, shall 

7 be as defined in section 502 of the Congressional Budget 

8 Act of 1974: Provided further, That funds made available 

9 under this heading are available to subsidize gross obliga10 tions for the principal amount of direct loans not to exceed 

11 $2,008,232. 

12 In addition, for administrative expenses necessary to 

13 carry out the direct loan program, $401,880, which may 

14 be paid to the appropriation for ‘‘General Operating Ex15 penses, Veterans Benefits Administration’’. 

16 NATIVE AMERICAN VETERAN HOUSING LOAN PROGRAM

17 ACCOUNT

18 For administrative expenses to carry out the direct 

19 loan program authorized by subchapter V of chapter 37 of 

20 title 38, United States Code, $1,186,000. 

21 GENERAL OPERATING EXPENSES, VETERANS BENEFITS

22 ADMINISTRATION

23 For necessary operating expenses of the Veterans Bene24 fits Administration, not otherwise provided for, including 

25 hire of passenger motor vehicles, reimbursement of the Gen-
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•HR 1865 EAH 

1 eral Services Administration for security guard services, 

2 and reimbursement of the Department of Defense for the 

3 cost of overseas employee mail, $3,125,000,000: Provided, 

4 That expenses for services and assistance authorized under 

5 paragraphs (1), (2), (5), and (11) of section 3104(a) of title 

6 38, United States Code, that the Secretary of Veterans Af7 fairs determines are necessary to enable entitled veterans: 

8 (1) to the maximum extent feasible, to become employable 

9 and to obtain and maintain suitable employment; or (2) 

10 to achieve maximum independence in daily living, shall be 

11 charged to this account: Provided further, That, of the funds 

12 made available under this heading, not to exceed 10 percent 

13 shall remain available until September 30, 2021. 

14 VETERANS HEALTH ADMINISTRATION

15 MEDICAL SERVICES

16 For necessary expenses for furnishing, as authorized 

17 by law, inpatient and outpatient care and treatment to 

18 beneficiaries of the Department of Veterans Affairs and vet19 erans described in section 1705(a) of title 38, United States 

20 Code, including care and treatment in facilities not under 

21 the jurisdiction of the Department, and including medical 

22 supplies and equipment, bioengineering services, food serv23 ices, and salaries and expenses of healthcare employees 

24 hired under title 38, United States Code, assistance and 

25 support services for caregivers as authorized by section 
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•HR 1865 EAH 

1 1720G of title 38, United States Code, loan repayments au2 thorized by section 604 of the Caregivers and Veterans Om3 nibus Health Services Act of 2010 (Public Law 111–163; 

4 124 Stat. 1174; 38 U.S.C. 7681 note), monthly assistance 

5 allowances authorized by section 322(d) of title 38, United 

6 States Code, grants authorized by section 521A of title 38, 

7 United States Code, and administrative expenses necessary 

8 to carry out sections 322(d) and 521A of title 38, United 

9 States Code, and hospital care and medical services author10 ized by section 1787 of title 38, United States Code; 

11 $56,158,015,000, plus reimbursements, shall become avail12 able on October 1, 2020, and shall remain available until 

13 September 30, 2021: Provided, That, of the amount made 

14 available on October 1, 2020, under this heading, 

15 $1,500,000,000 shall remain available until September 30, 

16 2022: Provided further, That, notwithstanding any other 

17 provision of law, the Secretary of Veterans Affairs shall es18 tablish a priority for the provision of medical treatment 

19 for veterans who have service-connected disabilities, lower 

20 income, or have special needs: Provided further, That, not21 withstanding any other provision of law, the Secretary of 

22 Veterans Affairs shall give priority funding for the provi23 sion of basic medical benefits to veterans in enrollment pri24 ority groups 1 through 6: Provided further, That, notwith25 standing any other provision of law, the Secretary of Vet-
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1 erans Affairs may authorize the dispensing of prescription 

2 drugs from Veterans Health Administration facilities to en3 rolled veterans with privately written prescriptions based 

4 on requirements established by the Secretary: Provided fur5 ther, That the implementation of the program described in 

6 the previous proviso shall incur no additional cost to the 

7 Department of Veterans Affairs: Provided further, That the 

8 Secretary of Veterans Affairs shall ensure that sufficient 

9 amounts appropriated under this heading for medical sup10 plies and equipment are available for the acquisition of 

11 prosthetics designed specifically for female veterans: Pro12 vided further, That of the amount that became available on 

13 October 1, 2019, under this heading, not less than 

14 $585,000,000 shall be for gender-specific care for women. 

15 MEDICAL COMMUNITY CARE

16 For necessary expenses for furnishing health care to 

17 individuals pursuant to chapter 17 of title 38, United 

18 States Code, at non-Department facilities, $4,521,400,000, 

19 which shall be in addition to funds previously appropriated 

20 under this heading that became available on October 1, 

21 2019; and, in addition, $17,131,179,000, plus reimburse22 ments, shall become available on October 1, 2020, and shall 

23 remain available until September 30, 2021: Provided, That, 

24 of the amount made available on October 1, 2020, under 

25 this heading, $2,000,000,000 shall remain available until 
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1 September 30, 2022: Provided further, That $615,000,000 

2 of the additional amounts provided for fiscal year 2020 

3 under this heading in this Act shall be derived by transfer 

4 from the Veterans Choice Fund pursuant to the authority 

5 in section 802(c)(4) of the Veterans Access, Choice, and Ac6 countability Act of 2014, as amended (38 U.S.C. 1701 note), 

7 from prior year unobligated balances in that Fund that 

8 were provided by section 510 of the VA MISSION Act of 

9 2018 (Public Law 115–182). 

10 MEDICAL SUPPORT AND COMPLIANCE

11 For necessary expenses in the administration of the 

12 medical, hospital, nursing home, domiciliary, construction, 

13 supply, and research activities, as authorized by law; ad14 ministrative expenses in support of capital policy activities; 

15 and administrative and legal expenses of the Department 

16 for collecting and recovering amounts owed the Department 

17 as authorized under chapter 17 of title 38, United States 

18 Code, and the Federal Medical Care Recovery Act (42 

19 U.S.C. 2651 et seq.), $98,800,000 which shall be in addition 

20 to funds previously appropriated under this heading that 

21 became available on October 1, 2019; and, in addition, 

22 $7,914,191,000, plus reimbursements, shall become avail23 able on October 1, 2020, and shall remain available until 

24 September 30, 2021: Provided, That, of the amount made 

25 available on October 1, 2020, under this heading, 
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1 $150,000,000 shall remain available until September 30, 

2 2022. 

3 MEDICAL FACILITIES

4 For necessary expenses for the maintenance and oper5 ation of hospitals, nursing homes, domiciliary facilities, 

6 and other necessary facilities of the Veterans Health Admin7 istration; for administrative expenses in support of plan8 ning, design, project management, real property acquisition 

9 and disposition, construction, and renovation of any facil10 ity under the jurisdiction or for the use of the Department; 

11 for oversight, engineering, and architectural activities not 

12 charged to project costs; for repairing, altering, improving, 

13 or providing facilities in the several hospitals and homes 

14 under the jurisdiction of the Department, not otherwise pro15 vided for, either by contract or by the hire of temporary 

16 employees and purchase of materials; for leases of facilities; 

17 and for laundry services; $6,433,265,000, plus reimburse18 ments, shall become available on October 1, 2020, and shall 

19 remain available until September 30, 2021: Provided, That, 

20 of the amount made available on October 1, 2020, under 

21 this heading, $250,000,000 shall remain available until 

22 September 30, 2022. 

23 MEDICAL AND PROSTHETIC RESEARCH

24 For necessary expenses in carrying out programs of 

25 medical and prosthetic research and development as author-
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1 ized by chapter 73 of title 38, United States Code, 

2 $800,000,000, plus reimbursements, shall remain available 

3 until September 30, 2021: Provided, That the Secretary of 

4 Veterans Affairs shall ensure that sufficient amounts appro5 priated under this heading are available for prosthetic re6 search specifically for female veterans, and for toxic expo7 sure research. 

8 NATIONAL CEMETERY ADMINISTRATION

9 For necessary expenses of the National Cemetery Ad10 ministration for operations and maintenance, not otherwise 

11 provided for, including uniforms or allowances therefor; 

12 cemeterial expenses as authorized by law; purchase of one 

13 passenger motor vehicle for use in cemeterial operations; 

14 hire of passenger motor vehicles; and repair, alteration or 

15 improvement of facilities under the jurisdiction of the Na16 tional Cemetery Administration, $329,000,000, of which 

17 not to exceed 10 percent shall remain available until Sep18 tember 30, 2021. 

19 DEPARTMENTAL ADMINISTRATION

20 GENERAL ADMINISTRATION

21 (INCLUDING TRANSFER OF FUNDS)

22 For necessary operating expenses of the Department of 

23 Veterans Affairs, not otherwise provided for, including ad24 ministrative expenses in support of Department-wide cap25 ital planning, management and policy activities, uniforms, 
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•HR 1865 EAH 

1 or allowances therefor; not to exceed $25,000 for official re2 ception and representation expenses; hire of passenger 

3 motor vehicles; and reimbursement of the General Services 

4 Administration for security guard services, $355,911,000, 

5 of which not to exceed 10 percent shall remain available 

6 until September 30, 2021: Provided, That funds provided 

7 under this heading may be transferred to ‘‘General Oper8 ating Expenses, Veterans Benefits Administration’’. 

9 BOARD OF VETERANS APPEALS

10 For necessary operating expenses of the Board of Vet11 erans Appeals, $182,000,000, of which not to exceed 10 per12 cent shall remain available until September 30, 2021. 

13 INFORMATION TECHNOLOGY SYSTEMS

14 (INCLUDING TRANSFER OF FUNDS)

15 For necessary expenses for information technology sys16 tems and telecommunications support, including develop17 mental information systems and operational information 

18 systems; for pay and associated costs; and for the capital 

19 asset acquisition of information technology systems, includ20 ing management and related contractual costs of said ac21 quisitions, including contractual costs associated with oper22 ations authorized by section 3109 of title 5, United States 

23 Code, $4,371,615,000, plus reimbursements: Provided, That 

24 $1,204,238,000 shall be for pay and associated costs, of 

25 which not to exceed 3 percent shall remain available until 
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•HR 1865 EAH 

1 September 30, 2021: Provided further, That $2,739,597,000 

2 shall be for operations and maintenance, of which not to 

3 exceed 5 percent shall remain available until September 30, 

4 2021: Provided further, That $427,780,000 shall be for in5 formation technology systems development, and shall re6 main available until September 30, 2021: Provided further, 

7 That amounts made available for salaries and expenses, op8 erations and maintenance, and information technology sys9 tems development may be transferred among the three sub10 accounts after the Secretary of Veterans Affairs requests 

11 from the Committees on Appropriations of both Houses of 

12 Congress the authority to make the transfer and an ap13 proval is issued: Provided further, That amounts made 

14 available for the ‘‘Information Technology Systems’’ ac15 count for development may be transferred among projects 

16 or to newly defined projects: Provided further, That no 

17 project may be increased or decreased by more than 

18 $1,000,000 of cost prior to submitting a request to the Com19 mittees on Appropriations of both Houses of Congress to 

20 make the transfer and an approval is issued, or absent a 

21 response, a period of 30 days has elapsed: Provided further, 

22 That the funds made available under this heading for infor23 mation technology systems development shall be for the 

24 projects, and in the amounts, specified under this heading 
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•HR 1865 EAH 

1 in the explanatory statement described in section 4 (in the 

2 matter preceding division A of this consolidated Act). 

3 VETERANS ELECTRONIC HEALTH RECORD

4 For activities related to implementation, preparation, 

5 development, interface, management, rollout, and mainte6 nance of a Veterans Electronic Health Record system, in7 cluding contractual costs associated with operations author8 ized by section 3109 of title 5, United States Code, and sala9 ries and expenses of employees hired under titles 5 and 38, 

10 United States Code, $1,500,000,000, to remain available 

11 until September 30, 2022: Provided, That the Secretary of 

12 Veterans Affairs shall submit to the Committees on Appro13 priations of both Houses of Congress quarterly reports de14 tailing obligations, expenditures, and deployment imple15 mentation by facility: Provided further, That the funds pro16 vided in this account shall only be available to the Office 

17 of the Deputy Secretary, to be administered by that Office: 

18 Provided further, That none of the funds made available 

19 under this heading may be obligated in a manner incon20 sistent with deployment schedules provided to the Commit21 tees on Appropriations unless the Secretary of Veterans Af22 fairs provides notification to the Committees on Appropria23 tions of such change and an approval is issued. 
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1 OFFICE OF INSPECTOR GENERAL

2 For necessary expenses of the Office of Inspector Gen3 eral, to include information technology, in carrying out the 

4 provisions of the Inspector General Act of 1978 (5 U.S.C. 

5 App.), $210,000,000, of which not to exceed 10 percent shall 

6 remain available until September 30, 2021. 

7 CONSTRUCTION, MAJOR PROJECTS

8 For constructing, altering, extending, and improving 

9 any of the facilities, including parking projects, under the 

10 jurisdiction or for the use of the Department of Veterans 

11 Affairs, or for any of the purposes set forth in sections 316, 

12 2404, 2406 and chapter 81 of title 38, United States Code, 

13 not otherwise provided for, including planning, architec14 tural and engineering services, construction management 

15 services, maintenance or guarantee period services costs as16 sociated with equipment guarantees provided under the 

17 project, services of claims analysts, offsite utility and storm 

18 drainage system construction costs, and site acquisition, 

19 where the estimated cost of a project is more than the 

20 amount set forth in section 8104(a)(3)(A) of title 38, United 

21 States Code, or where funds for a project were made avail22 able in a previous major project appropriation, 

23 $1,235,200,000, of which $1,036,600,000 shall remain 

24 available until September 30, 2024, and of which 

25 $198,600,000 shall remain available until expended, of 
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•HR 1865 EAH 

1 which $35,000,000 shall be available for seismic improve2 ment projects and seismic program management activities, 

3 including for projects that would otherwise be funded by 

4 the Construction, Minor Projects, Medical Facilities or Na5 tional Cemetery Administration accounts: Provided, That 

6 except for advance planning activities, including needs as7 sessments which may or may not lead to capital invest8 ments, and other capital asset management related activi9 ties, including portfolio development and management ac10 tivities, and investment strategy studies funded through the 

11 advance planning fund and the planning and design activi12 ties funded through the design fund, including needs assess13 ments which may or may not lead to capital investments, 

14 and funds provided for the purchase, security, and mainte15 nance of land for the National Cemetery Administration 

16 through the land acquisition line item, none of the funds 

17 made available under this heading shall be used for any 

18 project that has not been notified to Congress through the 

19 budgetary process or that has not been approved by the Con20 gress through statute, joint resolution, or in the explanatory 

21 statement accompanying such Act and presented to the 

22 President at the time of enrollment: Provided further, That 

23 such sums as may be necessary shall be available to reim24 burse the ‘‘General Administration’’ account for payment 

25 of salaries and expenses of all Office of Construction and 
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1 Facilities Management employees to support the full range 

2 of capital infrastructure services provided, including minor 

3 construction and leasing services: Provided further, That 

4 funds made available under this heading for fiscal year 

5 2020, for each approved project shall be obligated: (1) by 

6 the awarding of a construction documents contract by Sep7 tember 30, 2020; and (2) by the awarding of a construction 

8 contract by September 30, 2021: Provided further, That the 

9 Secretary of Veterans Affairs shall promptly submit to the 

10 Committees on Appropriations of both Houses of Congress 

11 a written report on any approved major construction 

12 project for which obligations are not incurred within the 

13 time limitations established above: Provided further, That 

14 notwithstanding the requirements of section 8104(a) of title 

15 38, United States Code, amounts made available under this 

16 heading for seismic improvement projects and seismic pro17 gram management activities shall be available for the com18 pletion of both new and existing seismic projects of the De19 partment. 

20 CONSTRUCTION, MINOR PROJECTS

21 For constructing, altering, extending, and improving 

22 any of the facilities, including parking projects, under the 

23 jurisdiction or for the use of the Department of Veterans 

24 Affairs, including planning and assessments of needs which 

25 may lead to capital investments, architectural and engi-
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•HR 1865 EAH 

1 neering services, maintenance or guarantee period services 

2 costs associated with equipment guarantees provided under 

3 the project, services of claims analysts, offsite utility and 

4 storm drainage system construction costs, and site acquisi5 tion, or for any of the purposes set forth in sections 316, 

6 2404, 2406 and chapter 81 of title 38, United States Code, 

7 not otherwise provided for, where the estimated cost of a 

8 project is equal to or less than the amount set forth in sec9 tion 8104(a)(3)(A) of title 38, United States Code, 

10 $398,800,000, to remain available until September 30, 

11 2024, along with unobligated balances of previous ‘‘Con12 struction, Minor Projects’’ appropriations which are hereby 

13 made available for any project where the estimated cost is 

14 equal to or less than the amount set forth in such section: 

15 Provided, That funds made available under this heading 

16 shall be for: (1) repairs to any of the nonmedical facilities 

17 under the jurisdiction or for the use of the Department 

18 which are necessary because of loss or damage caused by 

19 any natural disaster or catastrophe; and (2) temporary 

20 measures necessary to prevent or to minimize further loss 

21 by such causes. 

22 GRANTS FOR CONSTRUCTION OF

23 STATE EXTENDED CARE FACILITIES

24 For grants to assist States to acquire or construct 

25 State nursing home and domiciliary facilities and to re-
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•HR 1865 EAH 

1 model, modify, or alter existing hospital, nursing home, and 

2 domiciliary facilities in State homes, for furnishing care 

3 to veterans as authorized by sections 8131 through 8137 of 

4 title 38, United States Code, $90,000,000, to remain avail5 able until expended. 

6 GRANTS FOR CONSTRUCTION OF VETERANS CEMETERIES

7 For grants to assist States and tribal organizations 

8 in establishing, expanding, or improving veterans ceme9 teries as authorized by section 2408 of title 38, United 

10 States Code, $45,000,000, to remain available until ex11 pended. 

12 ADMINISTRATIVE PROVISIONS

13 (INCLUDING TRANSFER OF FUNDS)

14 SEC. 201. Any appropriation for fiscal year 2020 for 

15 ‘‘Compensation and Pensions’’, ‘‘Readjustment Benefits’’, 

16 and ‘‘Veterans Insurance and Indemnities’’ may be trans17 ferred as necessary to any other of the mentioned appro18 priations: Provided, That, before a transfer may take place, 

19 the Secretary of Veterans Affairs shall request from the 

20 Committees on Appropriations of both Houses of Congress 

21 the authority to make the transfer and such Committees 

22 issue an approval, or absent a response, a period of 30 days 

23 has elapsed. 
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1 (INCLUDING TRANSFER OF FUNDS)

2 SEC. 202. Amounts made available for the Department 

3 of Veterans Affairs for fiscal year 2020, in this or any other 

4 Act, under the ‘‘Medical Services’’, ‘‘Medical Community 

5 Care’’, ‘‘Medical Support and Compliance’’, and ‘‘Medical 

6 Facilities’’ accounts may be transferred among the ac7 counts: Provided, That any transfers among the ‘‘Medical 

8 Services’’, ‘‘Medical Community Care’’, and ‘‘Medical Sup9 port and Compliance’’ accounts of 1 percent or less of the 

10 total amount appropriated to the account in this or any 

11 other Act may take place subject to notification from the 

12 Secretary of Veterans Affairs to the Committees on Appro13 priations of both Houses of Congress of the amount and 

14 purpose of the transfer: Provided further, That any trans15 fers among the ‘‘Medical Services’’, ‘‘Medical Community 

16 Care’’, and ‘‘Medical Support and Compliance’’ accounts 

17 in excess of 1 percent, or exceeding the cumulative 1 percent 

18 for the fiscal year, may take place only after the Secretary 

19 requests from the Committees on Appropriations of both 

20 Houses of Congress the authority to make the transfer and 

21 an approval is issued: Provided further, That any transfers 

22 to or from the ‘‘Medical Facilities’’ account may take place 

23 only after the Secretary requests from the Committees on 

24 Appropriations of both Houses of Congress the authority to 

25 make the transfer and an approval is issued. 
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1 SEC. 203. Appropriations available in this title for sal2 aries and expenses shall be available for services authorized 

3 by section 3109 of title 5, United States Code; hire of pas4 senger motor vehicles; lease of a facility or land or both; 

5 and uniforms or allowances therefore, as authorized by sec6 tions 5901 through 5902 of title 5, United States Code. 

7 SEC. 204. No appropriations in this title (except the 

8 appropriations for ‘‘Construction, Major Projects’’, and 

9 ‘‘Construction, Minor Projects’’) shall be available for the 

10 purchase of any site for or toward the construction of any 

11 new hospital or home. 

12 SEC. 205. No appropriations in this title shall be 

13 available for hospitalization or examination of any persons 

14 (except beneficiaries entitled to such hospitalization or ex15 amination under the laws providing such benefits to vet16 erans, and persons receiving such treatment under sections 

17 7901 through 7904 of title 5, United States Code, or the 

18 Robert T. Stafford Disaster Relief and Emergency Assist19 ance Act (42 U.S.C. 5121 et seq.)), unless reimbursement 

20 of the cost of such hospitalization or examination is made 

21 to the ‘‘Medical Services’’ account at such rates as may be 

22 fixed by the Secretary of Veterans Affairs. 

23 SEC. 206. Appropriations available in this title for 

24 ‘‘Compensation and Pensions’’, ‘‘Readjustment Benefits’’, 

25 and ‘‘Veterans Insurance and Indemnities’’ shall be avail-
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•HR 1865 EAH 

1 able for payment of prior year accrued obligations required 

2 to be recorded by law against the corresponding prior year 

3 accounts within the last quarter of fiscal year 2019. 

4 SEC. 207. Appropriations available in this title shall 

5 be available to pay prior year obligations of corresponding 

6 prior year appropriations accounts resulting from sections 

7 3328(a), 3334, and 3712(a) of title 31, United States Code, 

8 except that if such obligations are from trust fund accounts 

9 they shall be payable only from ‘‘Compensation and Pen10 sions’’. 

11 (INCLUDING TRANSFER OF FUNDS)

12 SEC. 208. Notwithstanding any other provision of law, 

13 during fiscal year 2020, the Secretary of Veterans Affairs 

14 shall, from the National Service Life Insurance Fund under 

15 section 1920 of title 38, United States Code, the Veterans’ 

16 Special Life Insurance Fund under section 1923 of title 38, 

17 United States Code, and the United States Government Life 

18 Insurance Fund under section 1955 of title 38, United 

19 States Code, reimburse the ‘‘General Operating Expenses, 

20 Veterans Benefits Administration’’ and ‘‘Information Tech21 nology Systems’’ accounts for the cost of administration of 

22 the insurance programs financed through those accounts: 

23 Provided, That reimbursement shall be made only from the 

24 surplus earnings accumulated in such an insurance pro25 gram during fiscal year 2020 that are available for divi-
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•HR 1865 EAH 

1 dends in that program after claims have been paid and ac2 tuarially determined reserves have been set aside: Provided 

3 further, That if the cost of administration of such an insur4 ance program exceeds the amount of surplus earnings accu5 mulated in that program, reimbursement shall be made 

6 only to the extent of such surplus earnings: Provided fur7 ther, That the Secretary shall determine the cost of adminis8 tration for fiscal year 2020 which is properly allocable to 

9 the provision of each such insurance program and to the 

10 provision of any total disability income insurance included 

11 in that insurance program. 

12 SEC. 209. Amounts deducted from enhanced-use lease 

13 proceeds to reimburse an account for expenses incurred by 

14 that account during a prior fiscal year for providing en15 hanced-use lease services, may be obligated during the fiscal 

16 year in which the proceeds are received. 

17 (INCLUDING TRANSFER OF FUNDS)

18 SEC. 210. Funds available in this title or funds for 

19 salaries and other administrative expenses shall also be 

20 available to reimburse the Office of Resolution Management, 

21 the Office of Employment Discrimination Complaint Adju22 dication, and the Office of Diversity and Inclusion for all 

23 services provided at rates which will recover actual costs 

24 but not to exceed $57,263,000 for the Office of Resolution 

25 Management, $6,000,000 for the Office of Employment Dis-
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1 crimination Complaint Adjudication, and $4,628,000 for 

2 the Office of Diversity and Inclusion: Provided, That pay3 ments may be made in advance for services to be furnished 

4 based on estimated costs: Provided further, That amounts 

5 received shall be credited to the ‘‘General Administration’’ 

6 and ‘‘Information Technology Systems’’ accounts for use by 

7 the office that provided the service. 

8 SEC. 211. No funds of the Department of Veterans Af9 fairs shall be available for hospital care, nursing home care, 

10 or medical services provided to any person under chapter 

11 17 of title 38, United States Code, for a non-service-con12 nected disability described in section 1729(a)(2) of such 

13 title, unless that person has disclosed to the Secretary of 

14 Veterans Affairs, in such form as the Secretary may require, 

15 current, accurate third-party reimbursement information 

16 for purposes of section 1729 of such title: Provided, That 

17 the Secretary may recover, in the same manner as any other 

18 debt due the United States, the reasonable charges for such 

19 care or services from any person who does not make such 

20 disclosure as required: Provided further, That any amounts 

21 so recovered for care or services provided in a prior fiscal 

22 year may be obligated by the Secretary during the fiscal 

23 year in which amounts are received. 
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1 (INCLUDING TRANSFER OF FUNDS)

2 SEC. 212. Notwithstanding any other provision of law, 

3 proceeds or revenues derived from enhanced-use leasing ac4 tivities (including disposal) may be deposited into the 

5 ‘‘Construction, Major Projects’’ and ‘‘Construction, Minor 

6 Projects’’ accounts and be used for construction (including 

7 site acquisition and disposition), alterations, and improve8 ments of any medical facility under the jurisdiction or for 

9 the use of the Department of Veterans Affairs. Such sums 

10 as realized are in addition to the amount provided for in 

11 ‘‘Construction, Major Projects’’ and ‘‘Construction, Minor 

12 Projects’’. 

13 SEC. 213. Amounts made available under ‘‘Medical 

14 Services’’ are available— 

15 (1) for furnishing recreational facilities, sup16 plies, and equipment; and 

17 (2) for funeral expenses, burial expenses, and 

18 other expenses incidental to funerals and burials for 

19 beneficiaries receiving care in the Department. 

20 (INCLUDING TRANSFER OF FUNDS)

21 SEC. 214. Such sums as may be deposited to the Med22 ical Care Collections Fund pursuant to section 1729A of 

23 title 38, United States Code, may be transferred to the 

24 ‘‘Medical Services’’ and ‘‘Medical Community Care’’ ac-
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•HR 1865 EAH 

1 counts to remain available until expended for the purposes 

2 of these accounts. 

3 SEC. 215. The Secretary of Veterans Affairs may enter 

4 into agreements with Federally Qualified Health Centers in 

5 the State of Alaska and Indian tribes and tribal organiza6 tions which are party to the Alaska Native Health Compact 

7 with the Indian Health Service, to provide healthcare, in8 cluding behavioral health and dental care, to veterans in 

9 rural Alaska. The Secretary shall require participating vet10 erans and facilities to comply with all appropriate rules 

11 and regulations, as established by the Secretary. The term 

12 ‘‘rural Alaska’’ shall mean those lands which are not within 

13 the boundaries of the municipality of Anchorage or the 

14 Fairbanks North Star Borough. 

15 (INCLUDING TRANSFER OF FUNDS)

16 SEC. 216. Such sums as may be deposited to the De17 partment of Veterans Affairs Capital Asset Fund pursuant 

18 to section 8118 of title 38, United States Code, may be 

19 transferred to the ‘‘Construction, Major Projects’’ and ‘‘Con20 struction, Minor Projects’’ accounts, to remain available 

21 until expended for the purposes of these accounts. 

22 SEC. 217. Not later than 30 days after the end of each 

23 fiscal quarter, the Secretary of Veterans Affairs shall submit 

24 to the Committees on Appropriations of both Houses of Con25 gress a report on the financial status of the Department 
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•HR 1865 EAH 

1 of Veterans Affairs for the preceding quarter: Provided, 

2 That, at a minimum, the report shall include the direction 

3 contained in the paragraph entitled ‘‘Quarterly reporting’’, 

4 under the heading ‘‘General Administration’’ in the joint 

5 explanatory statement accompanying Public Law 114–223. 

6 (INCLUDING TRANSFER OF FUNDS)

7 SEC. 218. Amounts made available under the ‘‘Medical 

8 Services’’, ‘‘Medical Community Care’’, ‘‘Medical Support 

9 and Compliance’’, ‘‘Medical Facilities’’, ‘‘General Oper10 ating Expenses, Veterans Benefits Administration’’, ‘‘Board 

11 of Veterans Appeals’’, ‘‘General Administration’’, and ‘‘Na12 tional Cemetery Administration’’ accounts for fiscal year 

13 2020 may be transferred to or from the ‘‘Information Tech14 nology Systems’’ account: Provided, That such transfers 

15 may not result in a more than 10 percent aggregate increase 

16 in the total amount made available by this Act for the ‘‘In17 formation Technology Systems’’ account: Provided further, 

18 That, before a transfer may take place, the Secretary of Vet19 erans Affairs shall request from the Committees on Appro20 priations of both Houses of Congress the authority to make 

21 the transfer and an approval is issued. 

22 (INCLUDING TRANSFER OF FUNDS)

23 SEC. 219. Of the amounts appropriated to the Depart24 ment of Veterans Affairs for fiscal year 2020 for ‘‘Medical 

25 Services’’, ‘‘Medical Community Care’’, ‘‘Medical Support 
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•HR 1865 EAH 

1 and Compliance’’, ‘‘Medical Facilities’’, ‘‘Construction, 

2 Minor Projects’’, and ‘‘Information Technology Systems’’, 

3 up to $314,409,000, plus reimbursements, may be trans4 ferred to the Joint Department of Defense—Department of 

5 Veterans Affairs Medical Facility Demonstration Fund, es6 tablished by section 1704 of the National Defense Authoriza7 tion Act for Fiscal Year 2010 (Public Law 111–84; 123 

8 Stat. 3571) and may be used for operation of the facilities 

9 designated as combined Federal medical facilities as de10 scribed by section 706 of the Duncan Hunter National De11 fense Authorization Act for Fiscal Year 2009 (Public Law 

12 110–417; 122 Stat. 4500): Provided, That additional funds 

13 may be transferred from accounts designated in this section 

14 to the Joint Department of Defense—Department of Vet15 erans Affairs Medical Facility Demonstration Fund upon 

16 written notification by the Secretary of Veterans Affairs to 

17 the Committees on Appropriations of both Houses of Con18 gress: Provided further, That section 220 of title II of divi19 sion C of Public Law 115–244 is repealed. 

20 (INCLUDING TRANSFER OF FUNDS)

21 SEC. 220. Of the amounts appropriated to the Depart22 ment of Veterans Affairs which become available on October 

23 1, 2020, for ‘‘Medical Services’’, ‘‘Medical Community 

24 Care’’, ‘‘Medical Support and Compliance’’, and ‘‘Medical 

25 Facilities’’, up to $322,931,000, plus reimbursements, may 
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•HR 1865 EAH 

1 be transferred to the Joint Department of Defense—Depart2 ment of Veterans Affairs Medical Facility Demonstration 

3 Fund, established by section 1704 of the National Defense 

4 Authorization Act for Fiscal Year 2010 (Public Law 111– 

5 84; 123 Stat. 3571) and may be used for operation of the 

6 facilities designated as combined Federal medical facilities 

7 as described by section 706 of the Duncan Hunter National 

8 Defense Authorization Act for Fiscal Year 2009 (Public 

9 Law 110–417; 122 Stat. 4500): Provided, That additional 

10 funds may be transferred from accounts designated in this 

11 section to the Joint Department of Defense—Department 

12 of Veterans Affairs Medical Facility Demonstration Fund 

13 upon written notification by the Secretary of Veterans Af14 fairs to the Committees on Appropriations of both Houses 

15 of Congress. 

16 (INCLUDING TRANSFER OF FUNDS)

17 SEC. 221. Such sums as may be deposited to the Med18 ical Care Collections Fund pursuant to section 1729A of 

19 title 38, United States Code, for healthcare provided at fa20 cilities designated as combined Federal medical facilities as 

21 described by section 706 of the Duncan Hunter National 

22 Defense Authorization Act for Fiscal Year 2009 (Public 

23 Law 110–417; 122 Stat. 4500) shall also be available: (1) 

24 for transfer to the Joint Department of Defense—Depart25 ment of Veterans Affairs Medical Facility Demonstration 
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•HR 1865 EAH 

1 Fund, established by section 1704 of the National Defense 

2 Authorization Act for Fiscal Year 2010 (Public Law 111– 

3 84; 123 Stat. 3571); and (2) for operations of the facilities 

4 designated as combined Federal medical facilities as de5 scribed by section 706 of the Duncan Hunter National De6 fense Authorization Act for Fiscal Year 2009 (Public Law 

7 110–417; 122 Stat. 4500): Provided, That, notwithstanding 

8 section 1704(b)(3) of the National Defense Authorization 

9 Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 

10 2573), amounts transferred to the Joint Department of De11 fense—Department of Veterans Affairs Medical Facility 

12 Demonstration Fund shall remain available until expended. 

13 (INCLUDING TRANSFER OF FUNDS)

14 SEC. 222. Of the amounts available in this title for 

15 ‘‘Medical Services’’, ‘‘Medical Community Care’’, ‘‘Medical 

16 Support and Compliance’’, and ‘‘Medical Facilities’’, a 

17 minimum of $15,000,000 shall be transferred to the DOD– 

18 VA Health Care Sharing Incentive Fund, as authorized by 

19 section 8111(d) of title 38, United States Code, to remain 

20 available until expended, for any purpose authorized by sec21 tion 8111 of title 38, United States Code. 

22 SEC. 223. None of the funds available to the Depart23 ment of Veterans Affairs, in this or any other Act, may 

24 be used to replace the current system by which the Veterans 
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1 Integrated Service Networks select and contract for diabetes 

2 monitoring supplies and equipment. 

3 SEC. 224. The Secretary of Veterans Affairs shall no4 tify the Committees on Appropriations of both Houses of 

5 Congress of all bid savings in a major construction project 

6 that total at least $5,000,000, or 5 percent of the pro7 grammed amount of the project, whichever is less: Provided, 

8 That such notification shall occur within 14 days of a con9 tract identifying the programmed amount: Provided fur10 ther, That the Secretary shall notify the Committees on Ap11 propriations of both Houses of Congress 14 days prior to 

12 the obligation of such bid savings and shall describe the an13 ticipated use of such savings. 

14 SEC. 225. None of the funds made available for ‘‘Con15 struction, Major Projects’’ may be used for a project in ex16 cess of the scope specified for that project in the original 

17 justification data provided to the Congress as part of the 

18 request for appropriations unless the Secretary of Veterans 

19 Affairs receives approval from the Committees on Appro20 priations of both Houses of Congress. 

21 SEC. 226. Not later than 30 days after the end of each 

22 fiscal quarter, the Secretary of Veterans Affairs shall submit 

23 to the Committees on Appropriations of both Houses of Con24 gress a quarterly report containing performance measures 

25 and data from each Veterans Benefits Administration Re-
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1 gional Office: Provided, That, at a minimum, the report 

2 shall include the direction contained in the section entitled 

3 ‘‘Disability claims backlog’’, under the heading ‘‘General 

4 Operating Expenses, Veterans Benefits Administration’’ in 

5 the joint explanatory statement accompanying Public Law 

6 114–223: Provided further, That the report shall also in7 clude information on the number of appeals pending at the 

8 Veterans Benefits Administration as well as the Board of 

9 Veterans Appeals on a quarterly basis. 

10 SEC. 227. The Secretary of Veterans Affairs shall pro11 vide written notification to the Committees on Appropria12 tions of both Houses of Congress 15 days prior to organiza13 tional changes which result in the transfer of 25 or more 

14 full-time equivalents from one organizational unit of the 

15 Department of Veterans Affairs to another. 

16 SEC. 228. The Secretary of Veterans Affairs shall pro17 vide on a quarterly basis to the Committees on Appropria18 tions of both Houses of Congress notification of any single 

19 national outreach and awareness marketing campaign in 

20 which obligations exceed $1,000,000. 

21 (INCLUDING TRANSFER OF FUNDS)

22 SEC. 229. The Secretary of Veterans Affairs, upon de23 termination that such action is necessary to address needs 

24 of the Veterans Health Administration, may transfer to the 

25 ‘‘Medical Services’’ account any discretionary appropria-
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1 tions made available for fiscal year 2020 in this title (except 

2 appropriations made to the ‘‘General Operating Expenses, 

3 Veterans Benefits Administration’’ account) or any discre4 tionary unobligated balances within the Department of Vet5 erans Affairs, including those appropriated for fiscal year 

6 2020, that were provided in advance by appropriations 

7 Acts: Provided, That transfers shall be made only with the 

8 approval of the Office of Management and Budget: Provided 

9 further, That the transfer authority provided in this section 

10 is in addition to any other transfer authority provided by 

11 law: Provided further, That no amounts may be transferred 

12 from amounts that were designated by Congress as an emer13 gency requirement pursuant to a concurrent resolution on 

14 the budget or the Balanced Budget and Emergency Deficit 

15 Control Act of 1985: Provided further, That such authority 

16 to transfer may not be used unless for higher priority items, 

17 based on emergent healthcare requirements, than those for 

18 which originally appropriated and in no case where the 

19 item for which funds are requested has been denied by Con20 gress: Provided further, That, upon determination that all 

21 or part of the funds transferred from an appropriation are 

22 not necessary, such amounts may be transferred back to that 

23 appropriation and shall be available for the same purposes 

24 as originally appropriated: Provided further, That before 

25 a transfer may take place, the Secretary of Veterans Affairs 
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1 shall request from the Committees on Appropriations of 

2 both Houses of Congress the authority to make the transfer 

3 and receive approval of that request. 

4 (INCLUDING TRANSFER OF FUNDS)

5 SEC. 230. Amounts made available for the Department 

6 of Veterans Affairs for fiscal year 2020, under the ‘‘Board 

7 of Veterans Appeals’’ and the ‘‘General Operating Expenses, 

8 Veterans Benefits Administration’’ accounts may be trans9 ferred between such accounts: Provided, That before a trans10 fer may take place, the Secretary of Veterans Affairs shall 

11 request from the Committees on Appropriations of both 

12 Houses of Congress the authority to make the transfer and 

13 receive approval of that request. 

14 SEC. 231. The Secretary of Veterans Affairs may not 

15 reprogram funds among major construction projects or pro16 grams if such instance of reprogramming will exceed 

17 $7,000,000, unless such reprogramming is approved by the 

18 Committees on Appropriations of both Houses of Congress. 

19 SEC. 232. (a) The Secretary of Veterans Affairs shall 

20 ensure that the toll-free suicide hotline under section 

21 1720F(h) of title 38, United States Code— 

22 (1) provides to individuals who contact the hot23 line immediate assistance from a trained professional; 

24 and 
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1 (2) adheres to all requirements of the American 

2 Association of Suicidology. 

3 (b)(1) None of the funds made available by this Act 

4 may be used to enforce or otherwise carry out any Executive 

5 action that prohibits the Secretary of Veterans Affairs from 

6 appointing an individual to occupy a vacant civil service 

7 position, or establishing a new civil service position, at the 

8 Department of Veterans Affairs with respect to such a posi9 tion relating to the hotline specified in subsection (a). 

10 (2) In this subsection— 

11 (A) the term ‘‘civil service’’ has the meaning 

12 given such term in section 2101(1) of title 5, United 

13 States Code; and 

14 (B) the term ‘‘Executive action’’ includes— 

15 (i) any Executive order, presidential memo16 randum, or other action by the President; and 

17 (ii) any agency policy, order, or other direc18 tive. 

19 (c)(1) The Secretary of Veterans Affairs shall conduct 

20 a study on the effectiveness of the hotline specified in sub21 section (a) during the five-year period beginning on Janu22 ary 1, 2016, based on an analysis of national suicide data 

23 and data collected from such hotline. 

24 (2) At a minimum, the study required by paragraph 

25 (1) shall— 
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1 (A) determine the number of veterans who con2 tact the hotline specified in subsection (a) and who 

3 receive follow up services from the hotline or mental 

4 health services from the Department of Veterans Af5 fairs thereafter; 

6 (B) determine the number of veterans who con7 tact the hotline who are not referred to, or do not con8 tinue receiving, mental health care who commit sui9 cide; and 

10 (C) determine the number of veterans described 

11 in subparagraph (A) who commit or attempt suicide. 

12 SEC. 233. None of the funds in this or any other Act 

13 may be used to close Department of Veterans Affairs (VA) 

14 hospitals, domiciliaries, or clinics, conduct an environ15 mental assessment, or to diminish healthcare services at ex16 isting Veterans Health Administration medical facilities as 

17 part of a planned realignment of VA services until the Sec18 retary provides to the Committees on Appropriations of 

19 both Houses of Congress a report including the following 

20 elements— 

21 (1) a national realignment strategy that includes 

22 a detailed description of realignment plans within 

23 each Veterans Integrated Services Network (VISN), 

24 including an updated Long Range Capital Plan to 

25 implement realignment requirements; 
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1 (2) an explanation of the process by which those 

2 plans were developed and coordinated within each 

3 VISN; 

4 (3) a cost versus benefit analysis of each planned 

5 realignment, including the cost of replacing Veterans 

6 Health Administration services with contract care or 

7 other outsourced services; 

8 (4) an analysis of how any such planned re9 alignment of services will impact access to care for 

10 veterans living in rural or highly rural areas, includ11 ing travel distances and transportation costs to access 

12 a VA medical facility and availability of local spe13 cialty and primary care; 

14 (5) an inventory of VA buildings with historic 

15 designation and the methodology used to determine 

16 the buildings’ condition and utilization; 

17 (6) a description of how any realignment will be 

18 consistent with requirements under the National His19 toric Preservation Act; and 

20 (7) consideration given for reuse of historic 

21 buildings within newly identified realignment re22 quirements: Provided, That, this provision shall not 

23 apply to capital projects in any VISN, which have 

24 been authorized or approved by Congress. 
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1 SEC. 234. Effective during the period beginning on Oc2 tober 1, 2018 and ending on January 1, 2024, none of the 

3 funds made available to the Secretary of Veterans Affairs 

4 by this or any other Act may be obligated or expended in 

5 contravention of the ‘‘Veterans Health Administration Clin6 ical Preventive Services Guidance Statement on the Vet7 erans Health Administration’s Screening for Breast Cancer 

8 Guidance’’ published on May 10, 2017, as issued by the Vet9 erans Health Administration National Center for Health 

10 Promotion and Disease Prevention. 

11 SEC. 235. (a) Notwithstanding any other provision of 

12 law, the amounts appropriated or otherwise made available 

13 to the Department of Veterans Affairs for the ‘‘Medical 

14 Services’’ account may be used to provide— 

15 (1) fertility counseling and treatment using as16 sisted reproductive technology to a covered veteran or 

17 the spouse of a covered veteran; or 

18 (2) adoption reimbursement to a covered veteran. 

19 (b) In this section: 

20 (1) The term ‘‘service-connected’’ has the mean21 ing given such term in section 101 of title 38, United 

22 States Code. 

23 (2) The term ‘‘covered veteran’’ means a veteran, 

24 as such term is defined in section 101 of title 38, 

25 United States Code, who has a service-connected dis-
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1 ability that results in the inability of the veteran to 

2 procreate without the use of fertility treatment. 

3 (3) The term ‘‘assisted reproductive technology’’ 

4 means benefits relating to reproductive assistance pro5 vided to a member of the Armed Forces who incurs 

6 a serious injury or illness on active duty pursuant to 

7 section 1074(c)(4)(A) of title 10, United States Code, 

8 as described in the memorandum on the subject of 

9 ‘‘Policy for Assisted Reproductive Services for the 

10 Benefit of Seriously or Severely Ill/Injured (Category 

11 II or III) Active Duty Service Members’’ issued by the 

12 Assistant Secretary of Defense for Health Affairs on 

13 April 3, 2012, and the guidance issued to implement 

14 such policy, including any limitations on the amount 

15 of such benefits available to such a member except 

16 that— 

17 (A) the time periods regarding embryo 

18 cryopreservation and storage set forth in part 

19 III(G) and in part IV(H) of such memorandum 

20 shall not apply; and 

21 (B) such term includes embryo 

22 cryopreservation and storage without limitation 

23 on the duration of such cryopreservation and 

24 storage. 
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1 (4) The term ‘‘adoption reimbursement’’ means 

2 reimbursement for the adoption-related expenses for 

3 an adoption that is finalized after the date of the en4 actment of this Act under the same terms as apply 

5 under the adoption reimbursement program of the De6 partment of Defense, as authorized in Department of 

7 Defense Instruction 1341.09, including the reimburse8 ment limits and requirements set forth in such in9 struction. 

10 (c) Amounts made available for the purposes specified 

11 in subsection (a) of this section are subject to the require12 ments for funds contained in section 508 of division H of 

13 the Consolidated Appropriations Act, 2018 (Public Law 

14 115–141). 

15 SEC. 236. None of the funds appropriated or otherwise 

16 made available by this Act or any other Act for the Depart17 ment of Veterans Affairs may be used in a manner that 

18 is inconsistent with: (1) section 842 of the Transportation, 

19 Treasury, Housing and Urban Development, the Judiciary, 

20 the District of Columbia, and Independent Agencies Appro21 priations Act, 2006 (Public Law 109–115; 119 Stat. 2506); 

22 or (2) section 8110(a)(5) of title 38, United States Code. 

23 SEC. 237. Section 842 of Public Law 109–115 shall 

24 not apply to conversion of an activity or function of the 

25 Veterans Health Administration, Veterans Benefits Admin-
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1 istration, or National Cemetery Administration to con2 tractor performance by a business concern that is at least 

3 51 percent owned by one or more Indian tribes as defined 

4 in section 5304(e) of title 25, United States Code, or one 

5 or more Native Hawaiian Organizations as defined in sec6 tion 637(a)(15) of title 15, United States Code. 

7 SEC. 238. (a) Except as provided in subsection (b), the 

8 Secretary of Veterans Affairs, in consultation with the Sec9 retary of Defense and the Secretary of Labor, shall dis10 continue using Social Security account numbers to identify 

11 individuals in all information systems of the Department 

12 of Veterans Affairs as follows: 

13 (1) For all veterans submitting to the Secretary 

14 of Veterans Affairs new claims for benefits under laws 

15 administered by the Secretary, not later than 5 years 

16 after the date of the enactment of this Act. 

17 (2) For all individuals not described in para18 graph (1), not later than 8 years after the date of the 

19 enactment of this Act. 

20 (b) The Secretary of Veterans Affairs may use a Social 

21 Security account number to identify an individual in an 

22 information system of the Department of Veterans Affairs 

23 if and only if the use of such number is required to obtain 

24 information the Secretary requires from an information 

25 system that is not under the jurisdiction of the Secretary. 
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1 SEC. 239. For funds provided to the Department of 

2 Veterans Affairs for each of fiscal year 2020 and 2021 for 

3 ‘‘Medical Services’’, section 239 of Division A of Public Law 

4 114–223 shall apply. 

5 SEC. 240. None of the funds appropriated in this or 

6 prior appropriations Acts or otherwise made available to 

7 the Department of Veterans Affairs may be used to transfer 

8 any amounts from the Filipino Veterans Equity Compensa9 tion Fund to any other account within the Department of 

10 Veterans Affairs. 

11 SEC. 241. Of the funds provided to the Department of 

12 Veterans Affairs for each of fiscal year 2020 and fiscal year 

13 2021 for ‘‘Medical Services’’, funds may be used in each 

14 year to carry out and expand the child care program au15 thorized by section 205 of Public Law 111–163, notwith16 standing subsection (e) of such section. 

17 SEC. 242. None of the funds appropriated or otherwise 

18 made available in this title may be used by the Secretary 

19 of Veterans Affairs to enter into an agreement related to 

20 resolving a dispute or claim with an individual that would 

21 restrict in any way the individual from speaking to mem22 bers of Congress or their staff on any topic not otherwise 

23 prohibited from disclosure by Federal law or required by 

24 Executive Order to be kept secret in the interest of national 

25 defense or the conduct of foreign affairs. 
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1 SEC. 243. For funds provided to the Department of 

2 Veterans Affairs for each of fiscal year 2020 and 2021, sec3 tion 258 of Division A of Public Law 114–223 shall apply. 

4 SEC. 244. (a) None of the funds appropriated or other5 wise made available by this Act may be used to deny an 

6 Inspector General funded under this Act timely access to 

7 any records, documents, or other materials available to the 

8 department or agency of the United States Government over 

9 which such Inspector General has responsibilities under the 

10 Inspector General Act of 1978 (5 U.S.C. App.), or to prevent 

11 or impede the access of such Inspector General to such 

12 records, documents, or other materials, under any provision 

13 of law, except a provision of law that expressly refers to 

14 such Inspector General and expressly limits the right of ac15 cess of such Inspector General. 

16 (b) A department or agency covered by this section 

17 shall provide its Inspector General access to all records, doc18 uments, and other materials in a timely manner. 

19 (c) Each Inspector General covered by this section shall 

20 ensure compliance with statutory limitations on disclosure 

21 relevant to the information provided by the department or 

22 agency over which that Inspector General has responsibil23 ities under the Inspector General Act of 1978 (5 U.S.C. 

24 App.). 
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1 (d) Each Inspector General covered by this section 

2 shall report to the Committee on Appropriations of the Sen3 ate and the Committee on Appropriations of the House of 

4 Representatives within 5 calendar days of any failure by 

5 any department or agency covered by this section to comply 

6 with this section. 

7 SEC. 245. For funds provided to the Department of 

8 Veterans Affairs for each of fiscal year 2020 and 2021, sec9 tion 248 of Division A of Public Law 114–223 shall apply. 

10 SEC. 246. (a) The Secretary of Veterans Affairs may 

11 use amounts appropriated or otherwise made available in 

12 this title to ensure that the ratio of veterans to full-time 

13 employment equivalents within any program of rehabilita14 tion conducted under chapter 31 of title 38, United States 

15 Code, does not exceed 125 veterans to one full-time employ16 ment equivalent. 

17 (b) Not later than 180 days after the date of the enact18 ment of this Act, the Secretary shall submit to Congress a 

19 report on the programs of rehabilitation conducted under 

20 chapter 31 of title 38, United States Code, including— 

21 (1) an assessment of the veteran-to-staff ratio for 

22 each such program; and 

23 (2) recommendations for such action as the Sec24 retary considers necessary to reduce the veteran-to25 staff ratio for each such program. 
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1 SEC. 247. None of the funds made available in this 

2 Act may be used in a manner that would increase wait 

3 times for veterans who seek care at medical facilities of the 

4 Department of Veterans Affairs. 

5 SEC. 248. None of the funds appropriated or otherwise 

6 made available by this Act to the Veterans Health Adminis7 tration may be used in fiscal year 2020 to convert any pro8 gram which received specific purpose funds in fiscal year 

9 2019 to a general purpose funded program unless the Sec10 retary of Veterans Affairs submits written notification of 

11 any such proposal to the Committees on Appropriations of 

12 both Houses of Congress at least thirty days prior to any 

13 such action and an approval is issued by the Committees. 

14 SEC. 249. (a) None of the funds appropriated or other15 wise made available by this Act may be used to conduct 

16 research commencing on or after October 1, 2019, that uses 

17 any canine, feline, or non-human primate unless the Sec18 retary of Veterans Affairs approves such research specifi19 cally and in writing pursuant to subsection (b). 

20 (b)(1) The Secretary of Veterans Affairs may approve 

21 the conduct of research commencing on or after October 1, 

22 2019, using canines, felines, or non-human primates if the 

23 Secretary determines that— 
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1 (A) the scientific objectives of the research can 

2 only be met by using such canines, felines, or non3 human primates; 

4 (B) such scientific objectives are directly related 

5 to an illness or injury that is combat-related; and 

6 (C) the research is consistent with the revised 

7 Department of Veterans Affairs canine research policy 

8 document dated December 15, 2017, including any 

9 subsequent revisions to such document. 

10 (2) The Secretary may not delegate the authority 

11 under this subsection. 

12 (c) If the Secretary approves any new research pursu13 ant to subsection (b), not later than 30 days before the com14 mencement of such research, the Secretary shall submit to 

15 the Committees on Appropriations of the Senate and House 

16 of Representatives a report describing— 

17 (1) the nature of the research to be conducted 

18 using canines, felines, or non-human primates; 

19 (2) the date on which the Secretary approved the 

20 research; 

21 (3) the justification for the determination of the 

22 Secretary that the scientific objectives of such research 

23 could only be met using canines, felines, or non24 human primates; 
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•HR 1865 EAH 

1 (4) the frequency and duration of such research; 

2 and 

3 (5) the protocols in place to ensure the necessity, 

4 safety, and efficacy of the research; and 

5 (d) Not later than 180 days after the date of the enact6 ment of this Act, and biannually thereafter, the Secretary 

7 shall submit to such Committees a report describing— 

8 (1) any research being conducted by the Depart9 ment of Veterans Affairs using canines, felines, or 

10 non-human primates as of the date of the submittal 

11 of the report; 

12 (2) the circumstances under which such research 

13 was conducted using canines, felines, or non-human 

14 primates; 

15 (3) the justification for using canines, felines, or 

16 non-human primates to conduct such research; and 

17 (4) the protocols in place to ensure the necessity, 

18 safety, and efficacy of such research. 

19 (e) Not later than December 31, 2020, the Secretary 

20 shall submit to such Committees a plan under which the 

21 Secretary will eliminate or reduce the research conducted 

22 using canines, felines, or non-human primates by not later 

23 than five years after the date of the enactment of this Act. 

24 SEC. 250. None of the funds made available by this 

25 Act may be used by the Secretary of Veterans Affairs to 
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•HR 1865 EAH 

1 close the community based outpatient clinic located in 

2 Bainbridge, New York, until the Secretary of Veterans Af3 fairs submits to the Committees on Appropriations of the 

4 House of Representatives and the Senate a market area as5 sessment. 

6 SEC. 251. (a) PLAN REQUIRED.—Not later than 90 

7 days after the date of the enactment of this Act, the Sec8 retary of Veterans Affairs shall submit to the appropriate 

9 committees of Congress a plan to reduce the chances that 

10 clinical mistakes by employees of the Department of Vet11 erans Affairs will result in adverse events that require insti12 tutional or clinical disclosures and to prevent any unneces13 sary hardship for patients and families impacted by such 

14 adverse events. 

15 (b) ELEMENTS.—The plan required by subsection (a) 

16 shall include the following: 

17 (1) A description of a process for the timely 

18 identification of individuals impacted by disclosures 

19 described in subsection (a) and the process for con20 tacting those individuals or their next of kin. 

21 (2) A description of procedures for expediting 

22 any remedial or follow-up care required for those in23 dividuals. 
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1 (3) A detailed outline of proposed changes to the 

2 process of the Department for clinical quality checks 

3 and oversight. 

4 (4) A communication plan to ensure all facilities 

5 of the Department are made aware of any require6 ments updated pursuant to the plan. 

7 (5) A timeline detailing the implementation of 

8 the plan. 

9 (6) An identification of the senior executive of 

10 the Department responsible for ensuring compliance 

11 with the plan. 

12 (7) An identification of potential impacts of the 

13 plan on timely diagnoses for patients. 

14 (8) An identification of the processes and proce15 dures for employees of the Department to make lead16 ership at the facility and the Department aware of 

17 adverse events that are concerning and that result in 

18 disclosures and to ensure that the medical impact on 

19 veterans of such disclosures is minimized. 

20 (c) APPROPRIATE COMMITTEES OF CONGRESS DE21 FINED.—In this section, the term ‘‘appropriate committees 

22 of Congress’’ means— 

23 (1) the Committee on Veterans’ Affairs and the 

24 Subcommittee on Military Construction, Veterans Af-
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1 fairs, and Related Agencies of the Committee on Ap2 propriations of the Senate; and 

3 (2) the Committee on Veterans’ Affairs and the 

4 Subcommittee on Military Construction, Veterans Af5 fairs, and Related Agencies of the Committee on Ap6 propriations of the House of Representatives. 

7 SEC. 252. (a) Not later than 180 days after the date 

8 of the enactment of this Act, and not less frequently than 

9 once every five-year period thereafter, the Secretary of Vet10 erans Affairs shall update the handbook of the Department 

11 of Veterans Affairs titled ‘‘Planning and Activating Com12 munity Based Outpatient Clinics’’, or a successor hand13 book, to reflect current policies, best practices, and clarify 

14 the roles and responsibilities of the personnel of the Depart15 ment involved in the leasing projects of the Department. 

16 (b) The Secretary shall ensure that the handbook speci17 fied in subsection (a) defines ‘‘community based outpatient 

18 clinic’’ in the same manner as such term is defined in the 

19 Veterans Health Administration Site Tracking database 

20 (commonly known as ‘‘VAST’’) as of the date of the enact21 ment of this Act. 

22 (c) The Secretary shall ensure that the Veterans Health 

23 Administration incorporates the best practices contained in 

24 the handbook specified in subsection (a) in conducting over-
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1 sight of the medical centers of the Department of Veterans 

2 Affairs and the Veterans Integrated Service Network. 

3 (d) Not later than 180 days after the date of the enact4 ment of this Act, the Secretary shall provide guidance and 

5 training to employees of the Veterans Health Administra6 tion for the use of the handbook specified in subsection (a). 

7 The Secretary shall update such guidance and training to8 gether with each update of such handbook. 

9 (RESCISSIONS OF FUNDS)

10 SEC. 253. Of the unobligated balances available to the 

11 Department of Veterans Affairs from prior appropriations 

12 Acts, the following funds are hereby rescinded from the fol13 lowing accounts in the amounts specified: 

14 ‘‘Veterans Health Administration, Medical Serv15 ices’’, $350,000,000; 

16 ‘‘Veterans Health Administration, Medical Sup17 port and Compliance’’, $10,000,000; 

18 ‘‘Veterans Health Administration, Medical and 

19 Prosthetic Research’’, $50,000,000; 

20 ‘‘Veterans Health Administration, DOD-VA 

21 Health Care Sharing Incentive Fund’’, $15,949,000; 

22 ‘‘National Cemetery Administration’’, 

23 $1,000,000; 

24 ‘‘Departmental Administration, Board of Vet25 erans Appeals’’, $8,000,000; and 
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1 ‘‘Departmental Administration, Veterans Elec2 tronic Health Record’’, $70,000,000: 

3 Provided, That no amounts may be rescinded from amounts 

4 that were designated by the Congress as an emergency re5 quirement pursuant to a concurrent resolution on the budg6 et or the Balanced Budget and Emergency Deficit Control 

7 Act of 1985, as amended. 

8 SEC. 254. Section 252 of the Military Construction, 

9 Veterans Affairs, and Related Agencies Appropriations Act, 

10 2018 (division J of Public Law 115–141; 132 Stat. 825; 

11 38 U.S.C. 1701 note) is amended by striking ‘‘The Sec12 retary may carry out a 2-year pilot program’’ and insert13 ing ‘‘During the period preceding October 1, 2022, the Sec14 retary of Veterans Affairs may carry out a 2-year pilot pro15 gram’’. 

16 (RESCISSION OF FUNDS)

17 SEC. 255. The remaining unobligated balances in the 

18 ‘‘Department of Veterans Affairs—Departmental Adminis19 tration—General Operating Expenses’’ account from the 

20 following funds appropriated in Public Law 107–38 are 

21 hereby rescinded: Provided, That the amounts rescinded 

22 pursuant to this section that were previously designated by 

23 the Congress as an emergency requirement pursuant to sec24 tion 251(b)(2)(A) of the Balanced Budget and Emergency 

25 Deficit Control Act of 1985 are designated by the Congress 
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1 as an emergency requirement pursuant to section 

2 251(b)(2)(A)(i) of that Act: 

3 (1) funds subject to subsequent enactment and 

4 transferred pursuant to chapter 13 of division B of 

5 Public Law 107–117; and 

6 (2) funds made available and subsequently trans7 ferred pursuant to the first proviso under the heading 

8 ‘‘Executive Office of the President and Funds Appro9 priated to the President—Emergency Response 

10 Fund’’. 

11 SEC. 256. Amounts made available for the ‘‘Veterans 

12 Health Administration, Medical Community Care’’ account 

13 in this or any other Act for fiscal years 2020 and 2021 

14 may be used for expenses that would otherwise be payable 

15 from the Veterans Choice Fund established by section 802 

16 of the Veterans Access, Choice, and Accountability Act, as 

17 amended (38 U.S.C. 1701 note). 

18 SEC. 257. Hereafter, the matter preceding the first pro19 viso under the heading ‘‘Veterans Health Administration, 

20 Medical Services’’ in title II of division C of Public Law 

21 115–244 shall be applied for the purpose of the appropria22 tions under that heading that became available on October 

23 1, 2019, by striking ‘‘aid to State homes as authorized by 

24 section 1741 of title 38, United States Code,’’. 
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1 TITLE III 

2 RELATED AGENCIES 

3 AMERICAN BATTLE MONUMENTS COMMISSION

4 SALARIES AND EXPENSES

5 For necessary expenses, not otherwise provided for, of 

6 the American Battle Monuments Commission, including the 

7 acquisition of land or interest in land in foreign countries; 

8 purchases and repair of uniforms for caretakers of national 

9 cemeteries and monuments outside of the United States and 

10 its territories and possessions; rent of office and garage 

11 space in foreign countries; purchase (one-for-one replace12 ment basis only) and hire of passenger motor vehicles; not 

13 to exceed $15,000 for official reception and representation 

14 expenses; and insurance of official motor vehicles in foreign 

15 countries, when required by law of such countries, 

16 $84,100,000, to remain available until expended. 

17 FOREIGN CURRENCY FLUCTUATIONS ACCOUNT

18 For necessary expenses, not otherwise provided for, of 

19 the American Battle Monuments Commission, such sums as 

20 may be necessary, to remain available until expended, for 

21 purposes authorized by section 2109 of title 36, United 

22 States Code. 
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1 UNITED STATES COURT OF APPEALS FOR VETERANS

2 CLAIMS

3 SALARIES AND EXPENSES

4 For necessary expenses for the operation of the United 

5 States Court of Appeals for Veterans Claims as authorized 

6 by sections 7251 through 7298 of title 38, United States 

7 Code, $35,400,000: Provided, That $2,698,997 shall be 

8 available for the purpose of providing financial assistance 

9 as described and in accordance with the process and report10 ing procedures set forth under this heading in Public Law 

11 102–229. 

12 DEPARTMENT OF DEFENSE—CIVIL

13 CEMETERIAL EXPENSES, ARMY

14 SALARIES AND EXPENSES

15 For necessary expenses for maintenance, operation, 

16 and improvement of Arlington National Cemetery and Sol17 diers’ and Airmen’s Home National Cemetery, including 

18 the purchase or lease of passenger motor vehicles for replace19 ment on a one-for-one basis only, and not to exceed $2,000 

20 for official reception and representation expenses, 

21 $80,800,000, of which not to exceed $15,000,000 shall re22 main available until September 30, 2022. In addition, such 

23 sums as may be necessary for parking maintenance, repairs 

24 and replacement, to be derived from the ‘‘Lease of Depart-
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1 ment of Defense Real Property for Defense Agencies’’ ac2 count. 

3 ARMED FORCES RETIREMENT HOME

4 TRUST FUND

5 For expenses necessary for the Armed Forces Retire6 ment Home to operate and maintain the Armed Forces Re7 tirement Home—Washington, District of Columbia, and the 

8 Armed Forces Retirement Home—Gulfport, Mississippi, to 

9 be paid from funds available in the Armed Forces Retire10 ment Home Trust Fund, $75,300,000, of which $12,000,000 

11 shall remain available until expended for construction and 

12 renovation of the physical plants at the Armed Forces Re13 tirement Home—Washington, District of Columbia, and the 

14 Armed Forces Retirement Home—Gulfport, Mississippi: 

15 Provided, That of the amounts made available under this 

16 heading from funds available in the Armed Forces Retire17 ment Home Trust Fund, $22,000,000 shall be paid from 

18 the general fund of the Treasury to the Trust Fund. 

19 ADMINISTRATIVE PROVISION

20 SEC. 301. Amounts deposited into the special account 

21 established under 10 U.S.C. 4727 are appropriated and 

22 shall be available until expended to support activities at 

23 the Army National Military Cemeteries. 
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•HR 1865 EAH 

1 TITLE IV 

2 OVERSEAS CONTINGENCY OPERATIONS 

3 DEPARTMENT OF DEFENSE 

4 MILITARY CONSTRUCTION, ARMY

5 For an additional amount for ‘‘Military Construction, 

6 Army’’, $111,968,000, to remain available until September 

7 30, 2024, for projects outside of the United States: Provided, 

8 That such amount is designated by the Congress for Over9 seas Contingency Operations/Global War on Terrorism pur10 suant to section 251(b)(2)(A)(ii) of the Balanced Budget 

11 and Emergency Deficit Control Act of 1985. 

12 MILITARY CONSTRUCTION, NAVY AND MARINE CORPS

13 For an additional amount for ‘‘Military Construction, 

14 Navy and Marine Corps’’, $94,570,000, to remain available 

15 until September 30, 2024, for projects outside of the United 

16 States: Provided, That such amount is designated by the 

17 Congress for Overseas Contingency Operations/Global War 

18 on Terrorism pursuant to section 251(b)(2)(A)(ii) of the 

19 Balanced Budget and Emergency Deficit Control Act of 

20 1985. 

21 MILITARY CONSTRUCTION, AIR FORCE

22 For an additional amount for ‘‘Military Construction, 

23 Air Force’’ $391,988,000, to remain available until Sep24 tember 30, 2024, for projects outside of the United States: 

25 Provided, That such amount is designated by the Congress 
651 

•HR 1865 EAH 

1 for Overseas Contingency Operations/Global War on Ter2 rorism pursuant to section 251(b)(2)(A)(ii) of the Balanced 

3 Budget and Emergency Deficit Control Act of 1985. 

4 MILITARY CONSTRUCTION, DEFENSE-WIDE

5 For an additional amount for ‘‘Military Construction, 

6 Defense-Wide’’, $46,000,000, to remain available until Sep7 tember 30, 2024, for projects outside of the United States: 

8 Provided, That such amount is designated by the Congress 

9 for Overseas Contingency Operations/Global War on Ter10 rorism pursuant to section 251(b)(2)(A)(ii) of the Balanced 

11 Budget and Emergency Deficit Control Act of 1985. 

12 ADMINISTRATIVE PROVISION

13 SEC. 401. None of the funds appropriated for military 

14 construction projects outside the United States under this 

15 title may be obligated or expended for planning and design 

16 of any project associated with the European Deterrence Ini17 tiative until the Secretary of Defense develops and submits 

18 to the congressional defense committees, in a classified and 

19 unclassified format, a list of all of the military construction 

20 projects associated with the European Deterrence Initiative 

21 which the Secretary anticipates will be carried out during 

22 each of the fiscal years 2021 through 2025. 
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1 TITLE V 

2 NATURAL DISASTER RELIEF 

3 DEPARTMENT OF DEFENSE 

4 MILITARY CONSTRUCTION, NAVY AND MARINE CORPS

5 For an additional amount for ‘‘Military Construction, 

6 Navy and Marine Corps’’, $3,477,000,000, to remain avail7 able until September 30, 2024, for necessary expenses re8 lated to the consequences of Hurricanes Michael and Flor9 ence and flooding and earthquakes occurring in fiscal year 

10 2019: Provided, That none of the funds made available in 

11 this Act to the Navy and Marine Corps for such recovery 

12 efforts shall be available for obligation until the Committees 

13 on Appropriations of the House of Representatives and the 

14 Senate receive form 1391 for each specific request: Provided 

15 further, That, not later than 60 days after enactment of 

16 this Act, the Secretary of the Navy, or his designee, shall 

17 submit to the Committees on Appropriations of the House 

18 of Representatives and the Senate a detailed expenditure 

19 plan for funds provided under this heading in this title: 

20 Provided further, That such funds may be obligated or ex21 pended for planning and design and military construction 

22 projects not otherwise authorized by law: Provided further, 

23 That such amount is designated by the Congress as being 

24 for an emergency requirement pursuant to section 
653 

•HR 1865 EAH 

1 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

2 Deficit Control Act of 1985. 

3 MILITARY CONSTRUCTION, AIR FORCE

4 For an additional amount for ‘‘Military Construction, 

5 Air Force’’, $2,605,200,000, to remain available until Sep6 tember 30, 2024, for necessary expenses related to the con7 sequences of Hurricanes Michael and Florence and flooding 

8 and earthquakes occurring in fiscal year 2019: Provided, 

9 That none of the funds made available in this Act to the 

10 Air Force for such recovery efforts shall be available for obli11 gation until the Committees on Appropriations of the House 

12 of Representatives and the Senate receive form 1391 for 

13 each specific request: Provided further, That, not later than 

14 60 days after enactment of this Act, the Secretary of the 

15 Air Force, or his designee, shall submit to the Committees 

16 on Appropriations of the House of Representatives and the 

17 Senate a detailed expenditure plan for funds provided 

18 under this heading in this title: Provided further, That such 

19 funds may be obligated or expended for planning and de20 sign and military construction projects not otherwise au21 thorized by law: Provided further, That such amount is des22 ignated by the Congress as being for an emergency require23 ment pursuant to section 251(b)(2)(A)(i) of the Balanced 

24 Budget and Emergency Deficit Control Act of 1985. 
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•HR 1865 EAH 

1 MILITARY CONSTRUCTION, DEFENSE-WIDE

2 For an additional amount for ‘‘Military Construction, 

3 Defense-Wide’’, $77,175,000, to remain available until Sep4 tember 30, 2024, for necessary expenses related to the con5 sequences of Hurricanes Michael and Florence and flooding 

6 and earthquakes occurring in fiscal year 2019: Provided, 

7 That none of the funds made available in this Act to the 

8 Department of Defense for such recovery efforts shall be 

9 available for obligation until the Committees on Appropria10 tions of the House of Representatives and the Senate receive 

11 form 1391 for each specific request: Provided further, That, 

12 not later than 60 days after enactment of this Act, the Sec13 retary of Defense, or his designee, shall submit to the Com14 mittees on Appropriations of the House of Representatives 

15 and the Senate a detailed expenditure plan for funds pro16 vided under this heading in this title: Provided further, 

17 That such funds may be obligated or expended for planning 

18 and design and military construction projects not otherwise 

19 authorized by law: Provided further, That such amount is 

20 designated by the Congress as being for an emergency re21 quirement pursuant to section 251(b)(2)(A)(i) of the Bal22 anced Budget and Emergency Deficit Control Act of 1985. 

23 MILITARY CONSTRUCTION, ARMY NATIONAL GUARD

24 For an additional amount for ‘‘Military Construction, 

25 Army National Guard’’, $66,000,000, to remain available 
655 

•HR 1865 EAH 

1 until September 30, 2024, for necessary expenses related to 

2 the consequences of Hurricanes Michael and Florence and 

3 flooding, tornadoes, and earthquakes occurring in fiscal 

4 year 2019: Provided, That none of the funds made available 

5 in this Act to the Army National Guard for such recovery 

6 efforts shall be available for obligation until the Committees 

7 on Appropriations of the House of Representatives and the 

8 Senate receive form 1391 for each specific request: Provided 

9 further, That, not later than 60 days after enactment of 

10 this Act, the Director of the Army National Guard, or his 

11 designee, shall submit to the Committees on Appropriations 

12 of the House of Representatives and the Senate a detailed 

13 expenditure plan for funds provided under this heading in 

14 this title: Provided further, That such funds may be obli15 gated or expended for planning and design and military 

16 construction projects not otherwise authorized by law: Pro17 vided further, That such amount is designated by the Con18 gress as being for an emergency requirement pursuant to 

19 section 251(b)(2)(A)(i) of the Balanced Budget and Emer20 gency Deficit Control Act of 1985. 

21 MILITARY CONSTRUCTION, ARMY RESERVE

22 For an additional amount for ‘‘Military Construction, 

23 Army Reserve’’, $3,300,000, to remain available until Sep24 tember 30, 2024, for necessary expenses related to the con25 sequences of Hurricanes Michael and Florence and flooding 
656 

•HR 1865 EAH 

1 and earthquakes occurring in fiscal year 2019: Provided, 

2 That none of the funds made available in this Act to the 

3 Army Reserve for such recovery efforts shall be available 

4 for obligation until the Committees on Appropriations of 

5 the House of Representatives and the Senate receive form 

6 1391 for each specific request: Provided further, That, not 

7 later than 60 days after enactment of this Act, the Secretary 

8 of the Army, or his designee, shall submit to the Committees 

9 on Appropriations of the House of Representatives and the 

10 Senate a detailed expenditure plan for funds provided 

11 under this heading in this title: Provided further, That such 

12 funds may be obligated or expended for planning and de13 sign and military construction projects not otherwise au14 thorized by law: Provided further, That such amount is des15 ignated by the Congress as being for an emergency require16 ment pursuant to section 251(b)(2)(A)(i) of the Balanced 

17 Budget and Emergency Deficit Control Act of 1985. 

18 ADMINISTRATIVE PROVISION 

19 SEC. 501. Notwithstanding any other provision of law, 

20 funds made available under each heading in this title shall 

21 only be used for the purposes specifically described under 

22 that heading. 
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•HR 1865 EAH 

1 TITLE VI 

2 GENERAL PROVISIONS 

3 SEC. 601. No part of any appropriation contained in 

4 this Act shall remain available for obligation beyond the 

5 current fiscal year unless expressly so provided herein. 

6 SEC. 602. None of the funds made available in this 

7 Act may be used for any program, project, or activity, when 

8 it is made known to the Federal entity or official to which 

9 the funds are made available that the program, project, or 

10 activity is not in compliance with any Federal law relating 

11 to risk assessment, the protection of private property rights, 

12 or unfunded mandates. 

13 SEC. 603. All departments and agencies funded under 

14 this Act are encouraged, within the limits of the existing 

15 statutory authorities and funding, to expand their use of 

16 ‘‘E-Commerce’’ technologies and procedures in the conduct 

17 of their business practices and public service activities. 

18 SEC. 604. Unless stated otherwise, all reports and noti19 fications required by this Act shall be submitted to the Sub20 committee on Military Construction and Veterans Affairs, 

21 and Related Agencies of the Committee on Appropriations 

22 of the House of Representatives and the Subcommittee on 

23 Military Construction and Veterans Affairs, and Related 

24 Agencies of the Committee on Appropriations of the Senate. 
658 

•HR 1865 EAH 

1 SEC. 605. None of the funds made available in this 

2 Act may be transferred to any department, agency, or in3 strumentality of the United States Government except pur4 suant to a transfer made by, or transfer authority provided 

5 in, this or any other appropriations Act. 

6 SEC. 606. None of the funds made available in this 

7 Act may be used for a project or program named for an 

8 individual serving as a Member, Delegate, or Resident Com9 missioner of the United States House of Representatives. 

10 SEC. 607. (a) Any agency receiving funds made avail11 able in this Act, shall, subject to subsections (b) and (c), 

12 post on the public Web site of that agency any report re13 quired to be submitted by the Congress in this or any other 

14 Act, upon the determination by the head of the agency that 

15 it shall serve the national interest. 

16 (b) Subsection (a) shall not apply to a report if— 

17 (1) the public posting of the report compromises 

18 national security; or 

19 (2) the report contains confidential or propri20 etary information. 

21 (c) The head of the agency posting such report shall 

22 do so only after such report has been made available to the 

23 requesting Committee or Committees of Congress for no less 

24 than 45 days. 
659 

•HR 1865 EAH 

1 SEC. 608. (a) None of the funds made available in this 

2 Act may be used to maintain or establish a computer net3 work unless such network blocks the viewing, downloading, 

4 and exchanging of pornography. 

5 (b) Nothing in subsection (a) shall limit the use of 

6 funds necessary for any Federal, State, tribal, or local law 

7 enforcement agency or any other entity carrying out crimi8 nal investigations, prosecution, or adjudication activities. 

9 SEC. 609. None of the funds made available in this 

10 Act may be used by an agency of the executive branch to 

11 pay for first-class travel by an employee of the agency in 

12 contravention of sections 301–10.122 through 301–10.124 of 

13 title 41, Code of Federal Regulations. 

14 SEC. 610. None of the funds made available in this 

15 Act may be used to execute a contract for goods or services, 

16 including construction services, where the contractor has 

17 not complied with Executive Order No. 12989. 

18 SEC. 611. None of the funds made available by this 

19 Act may be used by the Department of Defense or the De20 partment of Veterans Affairs to lease or purchase new light 

21 duty vehicles for any executive fleet, or for an agency’s fleet 

22 inventory, except in accordance with Presidential Memo23 randum—Federal Fleet Performance, dated May 24, 2011. 
660 

•HR 1865 EAH 

1 SEC. 612. Except as expressly provided otherwise, any 

2 reference to ‘‘this Act’’ contained in this division shall be 

3 treated as referring only to the provisions of this division. 

4 SEC. 613. None of the funds made available by this 

5 Act may be used in contravention of section 101(e)(8) of 

6 title 10, United States Code. 

7 SEC. 614. (a) IN GENERAL.—None of the funds appro8 priated or otherwise made available to the Department of 

9 Defense in this Act may be used to construct, renovate, or 

10 expand any facility in the United States, its territories, or 

11 possessions to house any individual detained at United 

12 States Naval Station, Guanta ́namo Bay, Cuba, for the pur13 poses of detention or imprisonment in the custody or under 

14 the control of the Department of Defense. 

15 (b) The prohibition in subsection (a) shall not apply 

16 to any modification of facilities at United States Naval 

17 Station, Guanta ́namo Bay, Cuba. 

18 (c) An individual described in this subsection is any 

19 individual who, as of June 24, 2009, is located at United 

20 States Naval Station, Guanta ́namo Bay, Cuba, and who— 

21 (1) is not a citizen of the United States or a 

22 member of the Armed Forces of the United States; and 

23 (2) is— 

24 (A) in the custody or under the effective 

25 control of the Department of Defense; or 
661 

•HR 1865 EAH 

1 (B) otherwise under detention at United 

2 States Naval Station, Guanta ́namo Bay, Cuba. 

3 This division may be cited as the ‘‘Military Construc4 tion, Veterans Affairs, and Related Agencies Appropria5 tions Act, 2020’’. 

6 DIVISION G—DEPARTMENT OF STATE, 

7 FOREIGN OPERATIONS, AND RELATED 

8 PROGRAMS APPROPRIATIONS ACT, 

9 2020 

10 TITLE I 

11 DEPARTMENT OF STATE AND RELATED AGENCY 

12 DEPARTMENT OF STATE 

13 ADMINISTRATION OF FOREIGN AFFAIRS

14 DIPLOMATIC PROGRAMS

15 For necessary expenses of the Department of State and 

16 the Foreign Service not otherwise provided for, 

17 $9,125,687,000, of which $754,468,000 may remain avail18 able until September 30, 2021, and of which up to 

19 $4,095,899,000 may remain available until expended for 

20 Worldwide Security Protection: Provided, That of the 

21 amount made available under this heading for Worldwide 

22 Security Protection, $2,626,122,000 is designated by the 

23 Congress for Overseas Contingency Operations/Global War 

24 on Terrorism pursuant to section 251(b)(2)(A)(ii) of the 

25 Balanced Budget and Emergency Deficit Control Act of 
662 

•HR 1865 EAH 

1 1985: Provided further, That funds made available under 

2 this heading shall be allocated in accordance with para3 graphs (1) through (4) as follows: 

4 (1) HUMAN RESOURCES.—For necessary ex5 penses for training, human resources management, 

6 and salaries, including employment without regard to 

7 civil service and classification laws of persons on a 

8 temporary basis (not to exceed $700,000), as author9 ized by section 801 of the United States Information 

10 and Educational Exchange Act of 1948 (62 Stat. 11; 

11 Chapter 36), $2,896,063,000, of which up to 

12 $509,782,000 is for Worldwide Security Protection. 

13 (2) OVERSEAS PROGRAMS.—For necessary ex14 penses for the regional bureaus of the Department of 

15 State and overseas activities as authorized by law, 

16 $1,840,143,000. 

17 (3) DIPLOMATIC POLICY AND SUPPORT.—For 

18 necessary expenses for the functional bureaus of the 

19 Department of State, including representation to cer20 tain international organizations in which the United 

21 States participates pursuant to treaties ratified pur22 suant to the advice and consent of the Senate or spe23 cific Acts of Congress, general administration, and 

24 arms control, nonproliferation, and disarmament ac25 tivities as authorized, $780,057,000. 
663 

•HR 1865 EAH 

1 (4) SECURITY PROGRAMS.—For necessary ex2 penses for security activities, $3,609,424,000, of which 

3 up to $3,586,117,000 is for Worldwide Security Pro4 tection. 

5 (5) FEES AND PAYMENTS COLLECTED.—In addi6 tion to amounts otherwise made available under this 

7 heading— 

8 (A) as authorized by section 810 of the 

9 United States Information and Educational Ex10 change Act, not to exceed $5,000,000, to remain 

11 available until expended, may be credited to this 

12 appropriation from fees or other payments re13 ceived from English teaching, library, motion 

14 pictures, and publication programs and from 

15 fees from educational advising and counseling 

16 and exchange visitor programs; and 

17 (B) not to exceed $15,000, which shall be 

18 derived from reimbursements, surcharges, and 

19 fees for use of Blair House facilities. 

20 (6) TRANSFER OF FUNDS, REPROGRAMMING, AND

21 OTHER MATTERS.— 

22 (A) Notwithstanding any other provision of 

23 this Act, funds may be reprogrammed within 

24 and between paragraphs (1) through (4) under 

25 this heading subject to section 7015 of this Act. 
664 

•HR 1865 EAH 

1 (B) Of the amount made available under 

2 this heading, not to exceed $10,000,000 may be 

3 transferred to, and merged with, funds made 

4 available by this Act under the heading ‘‘Emer5 gencies in the Diplomatic and Consular Serv6 ice’’, to be available only for emergency evacu7 ations and rewards, as authorized. 

8 (C) Funds appropriated under this heading 

9 are available for acquisition by exchange or pur10 chase of passenger motor vehicles as authorized 

11 by law and, pursuant to section 1108(g) of title 

12 31, United States Code, for the field examination 

13 of programs and activities in the United States 

14 funded from any account contained in this title. 

15 (7) CLARIFICATION.—References to the ‘‘Diplo16 matic and Consular Programs’’ account in any provi17 sion of law shall in this fiscal year, and each fiscal 

18 year thereafter, be construed to include the ‘‘Diplo19 matic Programs’’ account. 

20 CAPITAL INVESTMENT FUND

21 For necessary expenses of the Capital Investment 

22 Fund, as authorized, $139,500,000, to remain available 

23 until expended. 
665 

•HR 1865 EAH 

1 OFFICE OF INSPECTOR GENERAL

2 For necessary expenses of the Office of Inspector Gen3 eral, $90,829,000, of which $13,624,000 may remain avail4 able until September 30, 2021: Provided, That funds appro5 priated under this heading are made available notwith6 standing section 209(a)(1) of the Foreign Service Act of 

7 1980 (22 U.S.C. 3929(a)(1)), as it relates to post inspec8 tions. 

9 In addition, for the Special Inspector General for Af10 ghanistan Reconstruction (SIGAR) for reconstruction over11 sight, $54,900,000, to remain available until September 30, 

12 2021, which is designated by the Congress for Overseas Con13 tingency Operations/Global War on Terrorism pursuant to 

14 section 251(b)(2)(A)(ii) of the Balanced Budget and Emer15 gency Deficit Control Act of 1985: Provided, That funds ap16 propriated under this heading that are made available for 

17 the printing and reproduction costs of SIGAR shall not ex18 ceed amounts for such costs during fiscal year 2019. 

19 EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS

20 For necessary expenses of educational and cultural ex21 change programs, as authorized, $730,700,000, to remain 

22 available until expended, of which not less than 

23 $272,000,000 shall be for the Fulbright Program and not 

24 less than $111,860,000 shall be for Citizen Exchange Pro25 gram: Provided, That fees or other payments received from, 
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•HR 1865 EAH 

1 or in connection with, English teaching, educational advis2 ing and counseling programs, and exchange visitor pro3 grams as authorized may be credited to this account, to re4 main available until expended: Provided further, That a 

5 portion of the Fulbright awards from the Eurasia and Cen6 tral Asia regions shall be designated as Edmund S. Muskie 

7 Fellowships, following consultation with the Committees on 

8 Appropriations: Provided further, That funds appropriated 

9 under this heading that are made available for the Ben10 jamin Gilman International Scholarships Program shall 

11 also be made available for the John S. McCain Scholars 

12 Program, pursuant to section 7075 of the Department of 

13 State, Foreign Operations, and Related Programs Appro14 priations Act, 2019 (division F of Public Law 116–6): Pro15 vided further, That funds appropriated under this heading 

16 shall be made available for a Civil Society Exchange Pro17 gram, in accordance with the requirements specified under 

18 this heading in the explanatory statement described in sec19 tion 4 (in the matter preceding division A of this consoli20 dated Act), and following consultation with the Committees 

21 on Appropriations: Provided further, That any substantive 

22 modifications from the prior fiscal year to programs funded 

23 by this Act under this heading shall be subject to prior con24 sultation with, and the regular notification procedures of, 

25 the Committees on Appropriations. 
667 

•HR 1865 EAH 

1 REPRESENTATION EXPENSES

2 For representation expenses as authorized, $7,212,000. 

3 PROTECTION OF FOREIGN MISSIONS AND OFFICIALS

4 For necessary expenses, not otherwise provided, to en5 able the Secretary of State to provide for extraordinary pro6 tective services, as authorized, $30,890,000, to remain avail7 able until September 30, 2021. 

8 EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE

9 For necessary expenses for carrying out the Foreign 

10 Service Buildings Act of 1926 (22 U.S.C. 292 et seq.), pre11 serving, maintaining, repairing, and planning for real 

12 property that are owned or leased by the Department of 

13 State, and renovating, in addition to funds otherwise avail14 able, the Harry S Truman Building, $769,800,000, to re15 main available until September 30, 2024, of which not to 

16 exceed $25,000 may be used for overseas representation ex17 penses as authorized: Provided, That none of the funds ap18 propriated in this paragraph shall be available for acquisi19 tion of furniture, furnishings, or generators for other de20 partments and agencies of the United States Government. 

21 In addition, for the costs of worldwide security up22 grades, acquisition, and construction as authorized, 

23 $1,205,649,000, to remain available until expended, of 

24 which $424,087,000 is designated by the Congress for Over25 seas Contingency Operations/Global War on Terrorism pur-
668 

•HR 1865 EAH 

1 suant to section 251(b)(2)(A)(ii) of the Balanced Budget 

2 and Emergency Deficit Control Act of 1985. 

3 EMERGENCIES IN THE DIPLOMATIC AND CONSULAR

4 SERVICE

5 For necessary expenses to enable the Secretary of State 

6 to meet unforeseen emergencies arising in the Diplomatic 

7 and Consular Service, as authorized, $7,885,000, to remain 

8 available until expended, of which not to exceed $1,000,000 

9 may be transferred to, and merged with, funds appro10 priated by this Act under the heading ‘‘Repatriation Loans 

11 Program Account’’. 

12 REPATRIATION LOANS PROGRAM ACCOUNT

13 For the cost of direct loans, $1,300,000, as authorized: 

14 Provided, That such costs, including the cost of modifying 

15 such loans, shall be as defined in section 502 of the Congres16 sional Budget Act of 1974: Provided further, That such 

17 funds are available to subsidize gross obligations for the 

18 principal amount of direct loans not to exceed $5,563,619. 

19 PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN

20 For necessary expenses to carry out the Taiwan Rela21 tions Act (Public Law 96–8), $31,963,000. 

22 INTERNATIONAL CENTER, WASHINGTON, DISTRICT OF

23 COLUMBIA

24 Not to exceed $1,806,600 shall be derived from fees col25 lected from other executive agencies for lease or use of facili-
669 

•HR 1865 EAH 

1 ties at the International Center in accordance with section 

2 4 of the International Center Act (Public Law 90–553), 

3 and, in addition, as authorized by section 5 of such Act, 

4 $743,000, to be derived from the reserve authorized by such 

5 section, to be used for the purposes set out in that section. 

6 PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND

7 DISABILITY FUND

8 For payment to the Foreign Service Retirement and 

9 Disability Fund, as authorized, $158,900,000. 

10 INTERNATIONAL ORGANIZATIONS

11 CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS

12 For necessary expenses, not otherwise provided for, to 

13 meet annual obligations of membership in international 

14 multilateral organizations, pursuant to treaties ratified 

15 pursuant to the advice and consent of the Senate, conven16 tions, or specific Acts of Congress, $1,473,806,000, of which 

17 $96,240,000, to remain available until September 30, 2021, 

18 is designated by the Congress for Overseas Contingency Op19 erations/Global War on Terrorism pursuant to section 

20 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

21 Deficit Control Act of 1985: Provided, That the Secretary 

22 of State shall, at the time of the submission of the Presi23 dent’s budget to Congress under section 1105(a) of title 31, 

24 United States Code, transmit to the Committees on Appro25 priations the most recent biennial budget prepared by the 
670 

•HR 1865 EAH 

1 United Nations for the operations of the United Nations: 

2 Provided further, That the Secretary of State shall notify 

3 the Committees on Appropriations at least 15 days in ad4 vance (or in an emergency, as far in advance as is prac5 ticable) of any United Nations action to increase funding 

6 for any United Nations program without identifying an off7 setting decrease elsewhere in the United Nations budget: 

8 Provided further, That any payment of arrearages under 

9 this heading shall be directed to activities that are mutually 

10 agreed upon by the United States and the respective inter11 national organization and shall be subject to the regular 

12 notification procedures of the Committees on Appropria13 tions: Provided further, That none of the funds appro14 priated under this heading shall be available for a United 

15 States contribution to an international organization for the 

16 United States share of interest costs made known to the 

17 United States Government by such organization for loans 

18 incurred on or after October 1, 1984, through external bor19 rowings. 

20 CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING

21 ACTIVITIES

22 For necessary expenses to pay assessed and other ex23 penses of international peacekeeping activities directed to 

24 the maintenance or restoration of international peace and 

25 security, $1,526,383,000, of which $988,656,000 is des-
671 

•HR 1865 EAH 

1 ignated by the Congress for Overseas Contingency Oper2 ations/Global War on Terrorism pursuant to section 

3 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

4 Deficit Control Act of 1985: Provided, That of the funds 

5 made available under this heading, up to $1,069,315,000 

6 may remain available until September 30, 2021: Provided 

7 further, That none of the funds made available by this Act 

8 shall be obligated or expended for any new or expanded 

9 United Nations peacekeeping mission unless, at least 15 

10 days in advance of voting for such mission in the United 

11 Nations Security Council (or in an emergency as far in 

12 advance as is practicable), the Committees on Appropria13 tions are notified of: (1) the estimated cost and duration 

14 of the mission, the objectives of the mission, the national 

15 interest that will be served, and the exit strategy; and (2) 

16 the sources of funds, including any reprogrammings or 

17 transfers, that will be used to pay the cost of the new or 

18 expanded mission, and the estimated cost in future fiscal 

19 years: Provided further, That none of the funds appro20 priated under this heading may be made available for obli21 gation unless the Secretary of State certifies and reports 

22 to the Committees on Appropriations on a peacekeeping 

23 mission-by-mission basis that the United Nations is imple24 menting effective policies and procedures to prevent United 

25 Nations employees, contractor personnel, and peacekeeping 
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1 troops serving in such mission from trafficking in persons, 

2 exploiting victims of trafficking, or committing acts of sex3 ual exploitation and abuse or other violations of human 

4 rights, and to hold accountable individuals who engage in 

5 such acts while participating in such mission, including 

6 prosecution in their home countries and making informa7 tion about such prosecutions publicly available on the 

8 website of the United Nations: Provided further, That the 

9 Secretary of State shall work with the United Nations and 

10 foreign governments contributing peacekeeping troops to 

11 implement effective vetting procedures to ensure that such 

12 troops have not violated human rights: Provided further, 

13 That funds shall be available for peacekeeping expenses un14 less the Secretary of State determines that United States 

15 manufacturers and suppliers are not being given opportuni16 ties to provide equipment, services, and material for United 

17 Nations peacekeeping activities equal to those being given 

18 to foreign manufacturers and suppliers: Provided further, 

19 That none of the funds appropriated or otherwise made 

20 available under this heading may be used for any United 

21 Nations peacekeeping mission that will involve United 

22 States Armed Forces under the command or operational 

23 control of a foreign national, unless the President’s military 

24 advisors have submitted to the President a recommendation 

25 that such involvement is in the national interest of the 
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1 United States and the President has submitted to Congress 

2 such a recommendation: Provided further, That the Sec3 retary of State shall work with the United Nations and 

4 members of the United Nations Security Council to evaluate 

5 and prioritize peacekeeping missions, and to consider a 

6 drawdown when mission goals have been substantially 

7 achieved: Provided further, That any payment of arrearages 

8 with funds appropriated by this Act shall be subject to the 

9 regular notification procedures of the Committees on Appro10 priations. 

11 INTERNATIONAL COMMISSIONS

12 For necessary expenses, not otherwise provided for, to 

13 meet obligations of the United States arising under treaties, 

14 or specific Acts of Congress, as follows: 

15 INTERNATIONAL BOUNDARY AND WATER COMMISSION, 

16 UNITED STATES AND MEXICO

17 For necessary expenses for the United States Section 

18 of the International Boundary and Water Commission, 

19 United States and Mexico, and to comply with laws appli20 cable to the United States Section, including not to exceed 

21 $6,000 for representation expenses; as follows: 

22 SALARIES AND EXPENSES

23 For salaries and expenses, not otherwise provided for, 

24 $48,170,000. 
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1 CONSTRUCTION

2 For detailed plan preparation and construction of au3 thorized projects, $36,900,000, to remain available until ex4 pended, as authorized. 

5 AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS

6 For necessary expenses, not otherwise provided, for the 

7 International Joint Commission and the International 

8 Boundary Commission, United States and Canada, as au9 thorized by treaties between the United States and Canada 

10 or Great Britain, and the Border Environment Cooperation 

11 Commission as authorized by the North American Free 

12 Trade Agreement Implementation Act (Public Law 103– 

13 182), $15,008,000: Provided, That of the amount provided 

14 under this heading for the International Joint Commission, 

15 up to $1,250,000 may remain available until September 30, 

16 2021, and up to $9,000 may be made available for represen17 tation expenses: Provided further, That of the amount pro18 vided under this heading for the International Boundary 

19 Commission, up to $1,000 may be made available for rep20 resentation expenses. 

21 INTERNATIONAL FISHERIES COMMISSIONS

22 For necessary expenses for international fisheries com23 missions, not otherwise provided for, as authorized by law, 

24 $62,718,000: Provided, That the United States share of such 
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•HR 1865 EAH 

1 expenses may be advanced to the respective commissions 

2 pursuant to section 3324 of title 31, United States Code. 

3 RELATED AGENCY 

4 UNITED STATES AGENCY FOR GLOBAL MEDIA

5 INTERNATIONAL BROADCASTING OPERATIONS

6 For necessary expenses to enable the United States 

7 Agency for Global Media (USAGM), as authorized, to carry 

8 out international communication activities, and to make 

9 and supervise grants for radio, Internet, and television 

10 broadcasting to the Middle East, $798,696,000: Provided, 

11 That in addition to amounts otherwise available for such 

12 purposes, up to $40,708,000 of the amount appropriated 

13 under this heading may remain available until expended 

14 for satellite transmissions and Internet freedom programs, 

15 of which not less than $20,000,000 shall be for Internet free16 dom programs: Provided further, That of the total amount 

17 appropriated under this heading, not to exceed $35,000 

18 may be used for representation expenses, of which $10,000 

19 may be used for such expenses within the United States as 

20 authorized, and not to exceed $30,000 may be used for rep21 resentation expenses of Radio Free Europe/Radio Liberty: 

22 Provided further, That the USAGM shall notify the Com23 mittees on Appropriations within 15 days of any deter24 mination by the USAGM that any of its broadcast entities, 

25 including its grantee organizations, provides an open plat-
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1 form for international terrorists or those who support inter2 national terrorism, or is in violation of the principles and 

3 standards set forth in subsections (a) and (b) of section 303 

4 of the United States International Broadcasting Act of 1994 

5 (22 U.S.C. 6202) or the entity’s journalistic code of ethics: 

6 Provided further, That in addition to funds made available 

7 under this heading, and notwithstanding any other provi8 sion of law, up to $5,000,000 in receipts from advertising 

9 and revenue from business ventures, up to $500,000 in re10 ceipts from cooperating international organizations, and 

11 up to $1,000,000 in receipts from privatization efforts of 

12 the Voice of America and the International Broadcasting 

13 Bureau, shall remain available until expended for carrying 

14 out authorized purposes: Provided further, That significant 

15 modifications to USAGM broadcast hours previously justi16 fied to Congress, including changes to transmission plat17 forms (shortwave, medium wave, satellite, Internet, and tel18 evision), for all USAGM language services shall be subject 

19 to the regular notification procedures of the Committees on 

20 Appropriations: Provided further, That up to $7,000,000 

21 from the USAGM Buying Power Maintenance account may 

22 be transferred to, and merged with, funds appropriated by 

23 this Act under the heading ‘‘International Broadcasting 

24 Operations’’, which shall remain available until expended: 

25 Provided further, That such transfer authority is in addi-
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•HR 1865 EAH 

1 tion to any transfer authority otherwise available under 

2 any other provision of law and shall be subject to prior con3 sultation with, and the regular notification procedures of, 

4 the Committees on Appropriations: Provided further, That 

5 any reference to the ‘‘Broadcasting Board of Governors’’ or 

6 ‘‘BBG’’, including in any account providing amounts to 

7 the Broadcasting Board of Governors, in any Act making 

8 appropriations for the Department of State, foreign oper9 ations, and related programs enacted before, on, or after 

10 the date of the enactment of this Act shall for this fiscal 

11 year, and any fiscal year thereafter, be construed to mean 

12 the ‘‘United States Agency for Global Media’’ or ‘‘USAGM’’, 

13 respectively. 

14 BROADCASTING CAPITAL IMPROVEMENTS

15 For the purchase, rent, construction, repair, preserva16 tion, and improvement of facilities for radio, television, and 

17 digital transmission and reception; the purchase, rent, and 

18 installation of necessary equipment for radio, television, 

19 and digital transmission and reception, including to Cuba, 

20 as authorized; and physical security worldwide, in addition 

21 to amounts otherwise available for such purposes, 

22 $11,700,000, to remain available until expended, as author23 ized, of which not less than $2,000,000 shall be made avail24 able for emergency repairs to USAGM transmitting sta25 tions. 
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1 RELATED PROGRAMS 

2 THE ASIA FOUNDATION

3 For a grant to The Asia Foundation, as authorized 

4 by The Asia Foundation Act (22 U.S.C. 4402), $19,000,000, 

5 to remain available until expended: Provided, That funds 

6 appropriated under this heading shall be apportioned and 

7 obligated to the Foundation not later than 60 days after 

8 enactment of this Act. 

9 UNITED STATES INSTITUTE OF PEACE

10 For necessary expenses of the United States Institute 

11 of Peace, as authorized by the United States Institute of 

12 Peace Act (22 U.S.C. 4601 et seq.), $45,000,000, to remain 

13 available until September 30, 2021, which shall not be used 

14 for construction activities. 

15 CENTER FOR MIDDLE EASTERN-WESTERN DIALOGUE

16 TRUST FUND

17 For necessary expenses of the Center for Middle East18 ern-Western Dialogue Trust Fund, as authorized by section 

19 633 of the Departments of Commerce, Justice, and State, 

20 the Judiciary, and Related Agencies Appropriations Act, 

21 2004 (22 U.S.C. 2078), the total amount of the interest and 

22 earnings accruing to such Fund on or before September 30, 

23 2020, to remain available until expended. 
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1 EISENHOWER EXCHANGE FELLOWSHIP PROGRAM

2 For necessary expenses of Eisenhower Exchange Fel3 lowships, Incorporated, as authorized by sections 4 and 5 

4 of the Eisenhower Exchange Fellowship Act of 1990 (20 

5 U.S.C. 5204–5205), all interest and earnings accruing to 

6 the Eisenhower Exchange Fellowship Program Trust Fund 

7 on or before September 30, 2020, to remain available until 

8 expended: Provided, That none of the funds appropriated 

9 herein shall be used to pay any salary or other compensa10 tion, or to enter into any contract providing for the pay11 ment thereof, in excess of the rate authorized by section 5376 

12 of title 5, United States Code; or for purposes which are 

13 not in accordance with section 200 of title 2 of the Code 

14 of Federal Regulations, including the restrictions on com15 pensation for personal services. 

16 ISRAELI ARAB SCHOLARSHIP PROGRAM

17 For necessary expenses of the Israeli Arab Scholarship 

18 Program, as authorized by section 214 of the Foreign Rela19 tions Authorization Act, Fiscal Years 1992 and 1993 (22 

20 U.S.C. 2452 note), all interest and earnings accruing to the 

21 Israeli Arab Scholarship Fund on or before September 30, 

22 2020, to remain available until expended. 

23 EAST-WEST CENTER

24 To enable the Secretary of State to provide for car25 rying out the provisions of the Center for Cultural and 
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1 Technical Interchange Between East and West Act of 1960, 

2 by grant to the Center for Cultural and Technical Inter3 change Between East and West in the State of Hawaii, 

4 $16,700,000: Provided, That funds appropriated under this 

5 heading shall be apportioned and obligated to the Center 

6 not later than 60 days after enactment of this Act. 

7 NATIONAL ENDOWMENT FOR DEMOCRACY

8 For grants made by the Department of State to the 

9 National Endowment for Democracy, as authorized by the 

10 National Endowment for Democracy Act (22 U.S.C. 4412), 

11 $300,000,000, to remain available until expended, of which 

12 $195,840,000 shall be allocated in the traditional and cus13 tomary manner, including for the core institutes, and 

14 $104,160,000 shall be for democracy programs: Provided, 

15 That the requirements of section 7061(a) of this Act shall 

16 not apply to funds made available under this heading: Pro17 vided further, That funds appropriated under this heading 

18 shall be apportioned and obligated to the Endowment not 

19 later than 60 days after enactment of this Act. 

20 OTHER COMMISSIONS 

21 COMMISSION FOR THE PRESERVATION OF AMERICA’S

22 HERITAGE ABROAD

23 SALARIES AND EXPENSES

24 For necessary expenses for the Commission for the 

25 Preservation of America’s Heritage Abroad, $675,000, as 
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•HR 1865 EAH 

1 authorized by chapter 3123 of title 54, United States Code: 

2 Provided, That the Commission may procure temporary, 

3 intermittent, and other services notwithstanding paragraph 

4 (3) of section 312304(b) of such chapter: Provided further, 

5 That such authority shall terminate on October 1, 2020: 

6 Provided further, That the Commission shall notify the 

7 Committees on Appropriations prior to exercising such au8 thority. 

9 UNITED STATES COMMISSION ON INTERNATIONAL

10 RELIGIOUS FREEDOM

11 SALARIES AND EXPENSES

12 For necessary expenses for the United States Commis13 sion on International Religious Freedom (USCIRF), as au14 thorized by title II of the International Religious Freedom 

15 Act of 1998 (22 U.S.C. 6431 et seq.), $4,500,000, to remain 

16 available until September 30, 2021, including not more 

17 than $4,000 for representation expenses: Provided, That 

18 prior to the obligation of $1,000,000 of the funds appro19 priated under this heading, the Commission shall consult 

20 with the appropriate congressional committees on the status 

21 of legislation to reauthorize the Commission, and such funds 

22 shall be subject to the regular notification procedures of the 

23 Committees on Appropriations. 
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•HR 1865 EAH 

1 COMMISSION ON SECURITY AND COOPERATION IN EUROPE

2 SALARIES AND EXPENSES

3 For necessary expenses of the Commission on Security 

4 and Cooperation in Europe, as authorized by Public Law 

5 94–304 (22 U.S.C. 3001 et seq.), $2,579,000, including not 

6 more than $4,000 for representation expenses, to remain 

7 available until September 30, 2021. 

8 CONGRESSIONAL-EXECUTIVE COMMISSION ON THE

9 PEOPLE’S REPUBLIC OF CHINA

10 SALARIES AND EXPENSES

11 For necessary expenses of the Congressional-Executive 

12 Commission on the People’s Republic of China, as author13 ized by title III of the U.S.-China Relations Act of 2000 

14 (22 U.S.C. 6911 et seq.), $2,250,000, including not more 

15 than $3,000 for representation expenses, to remain avail16 able until September 30, 2021. 

17 UNITED STATES-CHINA ECONOMIC AND SECURITY REVIEW

18 COMMISSION

19 SALARIES AND EXPENSES

20 For necessary expenses of the United States-China 

21 Economic and Security Review Commission, as authorized 

22 by section 1238 of the Floyd D. Spence National Defense 

23 Authorization Act for Fiscal Year 2001 (22 U.S.C. 7002), 

24 $3,500,000, including not more than $4,000 for representa25 tion expenses, to remain available until September 30, 
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•HR 1865 EAH 

1 2021: Provided, That the authorities, requirements, limita2 tions, and conditions contained in the second through sixth 

3 provisos under this heading in the Department of State, 

4 Foreign Operations, and Related Programs Appropriations 

5 Act, 2010 (division F of Public Law 111–117) shall con6 tinue in effect during fiscal year 2020 and shall apply to 

7 funds appropriated under this heading. 

8 TITLE II 

9 UNITED STATES AGENCY FOR INTERNATIONAL 

10 DEVELOPMENT 

11 FUNDS APPROPRIATED TO THE PRESIDENT

12 OPERATING EXPENSES

13 For necessary expenses to carry out the provisions of 

14 section 667 of the Foreign Assistance Act of 1961, 

15 $1,377,246,000, of which up to $206,587,000 may remain 

16 available until September 30, 2021: Provided, That none 

17 of the funds appropriated under this heading and under 

18 the heading ‘‘Capital Investment Fund’’ in this title may 

19 be made available to finance the construction (including ar20 chitect and engineering services), purchase, or long-term 

21 lease of offices for use by the United States Agency for Inter22 national Development, unless the USAID Administrator 

23 has identified such proposed use of funds in a report sub24 mitted to the Committees on Appropriations at least 15 

25 days prior to the obligation of funds for such purposes: Pro-
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•HR 1865 EAH 

1 vided further, That contracts or agreements entered into 

2 with funds appropriated under this heading may entail 

3 commitments for the expenditure of such funds through the 

4 following fiscal year: Provided further, That the authority 

5 of sections 610 and 109 of the Foreign Assistance Act of 

6 1961 may be exercised by the Secretary of State to transfer 

7 funds appropriated to carry out chapter 1 of part I of such 

8 Act to ‘‘Operating Expenses’’ in accordance with the provi9 sions of those sections: Provided further, That of the funds 

10 appropriated or made available under this heading, not to 

11 exceed $250,000 may be available for representation and 

12 entertainment expenses, of which not to exceed $5,000 may 

13 be available for entertainment expenses, and not to exceed 

14 $100,500 shall be for official residence expenses, for USAID 

15 during the current fiscal year: Provided further, That the 

16 USAID Administrator shall consult with the Committees 

17 on Appropriations not later than 60 days after enactment 

18 of this Act on changes to the account structure as described 

19 in the explanatory statement described in section 4 (in the 

20 matter preceding division A of this consolidated Act). 

21 CAPITAL INVESTMENT FUND

22 For necessary expenses for overseas construction and 

23 related costs, and for the procurement and enhancement of 

24 information technology and related capital investments, 

25 pursuant to section 667 of the Foreign Assistance Act of 
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•HR 1865 EAH 

1 1961, $210,300,000, to remain available until expended: 

2 Provided, That this amount is in addition to funds other3 wise available for such purposes: Provided further, That 

4 funds appropriated under this heading shall be available 

5 subject to the regular notification procedures of the Commit6 tees on Appropriations. 

7 OFFICE OF INSPECTOR GENERAL

8 For necessary expenses to carry out the provisions of 

9 section 667 of the Foreign Assistance Act of 1961, 

10 $75,500,000, of which up to $11,325,000 may remain avail11 able until September 30, 2021, for the Office of Inspector 

12 General of the United States Agency for International De13 velopment. 

14 TITLE III 

15 BILATERAL ECONOMIC ASSISTANCE 

16 FUNDS APPROPRIATED TO THE PRESIDENT

17 For necessary expenses to enable the President to carry 

18 out the provisions of the Foreign Assistance Act of 1961, 

19 and for other purposes, as follows: 

20 GLOBAL HEALTH PROGRAMS

21 For necessary expenses to carry out the provisions of 

22 chapters 1 and 10 of part I of the Foreign Assistance Act 

23 of 1961, for global health activities, in addition to funds 

24 otherwise available for such purposes, $3,162,450,000, to re25 main available until September 30, 2021, and which shall 
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•HR 1865 EAH 

1 be apportioned directly to the United States Agency for 

2 International Development not later than 60 days after en3 actment of this Act: Provided, That this amount shall be 

4 made available for training, equipment, and technical as5 sistance to build the capacity of public health institutions 

6 and organizations in developing countries, and for such ac7 tivities as: (1) child survival and maternal health pro8 grams; (2) immunization and oral rehydration programs; 

9 (3) other health, nutrition, water and sanitation programs 

10 which directly address the needs of mothers and children, 

11 and related education programs; (4) assistance for children 

12 displaced or orphaned by causes other than AIDS; (5) pro13 grams for the prevention, treatment, control of, and research 

14 on HIV/AIDS, tuberculosis, polio, malaria, and other infec15 tious diseases including neglected tropical diseases, and for 

16 assistance to communities severely affected by HIV/AIDS, 

17 including children infected or affected by AIDS; (6) disaster 

18 preparedness training for health crises; (7) programs to pre19 vent, prepare for, and respond to, unanticipated and emerg20 ing global health threats; and (8) family planning/repro21 ductive health: Provided further, That funds appropriated 

22 under this paragraph may be made available for a United 

23 States contribution to The GAVI Alliance: Provided further, 

24 That none of the funds made available in this Act nor any 

25 unobligated balances from prior appropriations Acts may 
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•HR 1865 EAH 

1 be made available to any organization or program which, 

2 as determined by the President of the United States, sup3 ports or participates in the management of a program of 

4 coercive abortion or involuntary sterilization: Provided fur5 ther, That any determination made under the previous pro6 viso must be made not later than 6 months after the date 

7 of enactment of this Act, and must be accompanied by the 

8 evidence and criteria utilized to make the determination: 

9 Provided further, That none of the funds made available 

10 under this Act may be used to pay for the performance of 

11 abortion as a method of family planning or to motivate 

12 or coerce any person to practice abortions: Provided further, 

13 That nothing in this paragraph shall be construed to alter 

14 any existing statutory prohibitions against abortion under 

15 section 104 of the Foreign Assistance Act of 1961: Provided 

16 further, That none of the funds made available under this 

17 Act may be used to lobby for or against abortion: Provided 

18 further, That in order to reduce reliance on abortion in de19 veloping nations, funds shall be available only to voluntary 

20 family planning projects which offer, either directly or 

21 through referral to, or information about access to, a broad 

22 range of family planning methods and services, and that 

23 any such voluntary family planning project shall meet the 

24 following requirements: (1) service providers or referral 

25 agents in the project shall not implement or be subject to 
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•HR 1865 EAH 

1 quotas, or other numerical targets, of total number of births, 

2 number of family planning acceptors, or acceptors of a par3 ticular method of family planning (this provision shall not 

4 be construed to include the use of quantitative estimates or 

5 indicators for budgeting and planning purposes); (2) the 

6 project shall not include payment of incentives, bribes, gra7 tuities, or financial reward to: (A) an individual in ex8 change for becoming a family planning acceptor; or (B) 

9 program personnel for achieving a numerical target or 

10 quota of total number of births, number of family planning 

11 acceptors, or acceptors of a particular method of family 

12 planning; (3) the project shall not deny any right or benefit, 

13 including the right of access to participate in any program 

14 of general welfare or the right of access to health care, as 

15 a consequence of any individual’s decision not to accept 

16 family planning services; (4) the project shall provide fam17 ily planning acceptors comprehensible information on the 

18 health benefits and risks of the method chosen, including 

19 those conditions that might render the use of the method 

20 inadvisable and those adverse side effects known to be con21 sequent to the use of the method; and (5) the project shall 

22 ensure that experimental contraceptive drugs and devices 

23 and medical procedures are provided only in the context 

24 of a scientific study in which participants are advised of 

25 potential risks and benefits; and, not less than 60 days after 
689 

•HR 1865 EAH 

1 the date on which the USAID Administrator determines 

2 that there has been a violation of the requirements con3 tained in paragraph (1), (2), (3), or (5) of this proviso, 

4 or a pattern or practice of violations of the requirements 

5 contained in paragraph (4) of this proviso, the Adminis6 trator shall submit to the Committees on Appropriations 

7 a report containing a description of such violation and the 

8 corrective action taken by the Agency: Provided further, 

9 That in awarding grants for natural family planning 

10 under section 104 of the Foreign Assistance Act of 1961 no 

11 applicant shall be discriminated against because of such ap12 plicant’s religious or conscientious commitment to offer 

13 only natural family planning; and, additionally, all such 

14 applicants shall comply with the requirements of the pre15 vious proviso: Provided further, That for purposes of this 

16 or any other Act authorizing or appropriating funds for 

17 the Department of State, foreign operations, and related 

18 programs, the term ‘‘motivate’’, as it relates to family plan19 ning assistance, shall not be construed to prohibit the provi20 sion, consistent with local law, of information or counseling 

21 about all pregnancy options: Provided further, That infor22 mation provided about the use of condoms as part of 

23 projects or activities that are funded from amounts appro24 priated by this Act shall be medically accurate and shall 
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•HR 1865 EAH 

1 include the public health benefits and failure rates of such 

2 use. 

3 In addition, for necessary expenses to carry out the 

4 provisions of the Foreign Assistance Act of 1961 for the pre5 vention, treatment, and control of, and research on, HIV/ 

6 AIDS, $5,930,000,000, to remain available until September 

7 30, 2024, which shall be apportioned directly to the Depart8 ment of State not later than 60 days after enactment of 

9 this Act: Provided, That funds appropriated under this 

10 paragraph may be made available, notwithstanding any 

11 other provision of law, except for the United States Leader12 ship Against HIV/AIDS, Tuberculosis, and Malaria Act of 

13 2003 (Public Law 108–25), for a United States contribu14 tion to the Global Fund to Fight AIDS, Tuberculosis and 

15 Malaria (Global Fund): Provided further, That the amount 

16 of such contribution shall be $1,560,000,000 and shall be 

17 for the first installment of the sixth replenishment: Provided 

18 further, That up to 5 percent of the aggregate amount of 

19 funds made available to the Global Fund in fiscal year 2020 

20 may be made available to USAID for technical assistance 

21 related to the activities of the Global Fund, subject to the 

22 regular notification procedures of the Committees on Appro23 priations: Provided further, That of the funds appropriated 

24 under this paragraph, up to $17,000,000 may be made 

25 available, in addition to amounts otherwise available for 
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•HR 1865 EAH 

1 such purposes, for administrative expenses of the Office of 

2 the United States Global AIDS Coordinator. 

3 DEVELOPMENT ASSISTANCE

4 For necessary expenses to carry out the provisions of 

5 sections 103, 105, 106, 214, and sections 251 through 255, 

6 and chapter 10 of part I of the Foreign Assistance Act of 

7 1961, $3,400,000,000, to remain available until September 

8 30, 2021: Provided, That funds made available under this 

9 heading shall be apportioned directly to the United States 

10 Agency for International Development not later than 60 

11 days after enactment of this Act. 

12 INTERNATIONAL DISASTER ASSISTANCE

13 For necessary expenses to carry out the provisions of 

14 section 491 of the Foreign Assistance Act of 1961 for inter15 national disaster relief, rehabilitation, and reconstruction 

16 assistance, $4,395,362,000, to remain available until ex17 pended, of which $1,733,980,000 is designated by the Con18 gress for Overseas Contingency Operations/Global War on 

19 Terrorism pursuant to section 251(b)(2)(A)(ii) of the Bal20 anced Budget and Emergency Deficit Control Act of 1985: 

21 Provided, That funds made available under this heading 

22 shall be apportioned to the United States Agency for Inter23 national Development not later than 60 days after enact24 ment of this Act. 
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•HR 1865 EAH 

1 TRANSITION INITIATIVES

2 For necessary expenses for international disaster reha3 bilitation and reconstruction assistance administered by the 

4 Office of Transition Initiatives, United States Agency for 

5 International Development, pursuant to section 491 of the 

6 Foreign Assistance Act of 1961, and to support transition 

7 to democracy and long-term development of countries in cri8 sis, $92,043,000, to remain available until expended: Pro9 vided, That such support may include assistance to develop, 

10 strengthen, or preserve democratic institutions and proc11 esses, revitalize basic infrastructure, and foster the peaceful 

12 resolution of conflict: Provided further, That the USAID 

13 Administrator shall submit a report to the Committees on 

14 Appropriations at least 5 days prior to beginning a new 

15 program of assistance: Provided further, That if the Sec16 retary of State determines that it is important to the na17 tional interest of the United States to provide transition 

18 assistance in excess of the amount appropriated under this 

19 heading, up to $15,000,000 of the funds appropriated by 

20 this Act to carry out the provisions of part I of the Foreign 

21 Assistance Act of 1961 may be used for purposes of this 

22 heading and under the authorities applicable to funds ap23 propriated under this heading: Provided further, That 

24 funds made available pursuant to the previous proviso shall 
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•HR 1865 EAH 

1 be made available subject to prior consultation with the 

2 Committees on Appropriations. 

3 COMPLEX CRISES FUND

4 For necessary expenses to carry out the provisions of 

5 the Foreign Assistance Act of 1961 to support programs and 

6 activities administered by the United States Agency for 

7 International Development to prevent or respond to emerg8 ing or unforeseen foreign challenges and complex crises 

9 overseas, $30,000,000, to remain available until expended: 

10 Provided, That funds appropriated under this heading may 

11 be made available on such terms and conditions as are ap12 propriate and necessary for the purposes of preventing or 

13 responding to such challenges and crises, except that no 

14 funds shall be made available for lethal assistance or to re15 spond to natural disasters: Provided further, That funds ap16 propriated under this heading may be made available not17 withstanding any other provision of law, except sections 

18 7007, 7008, and 7018 of this Act and section 620M of the 

19 Foreign Assistance Act of 1961: Provided further, That 

20 funds appropriated under this heading may be used for ad21 ministrative expenses, in addition to funds otherwise avail22 able for such purposes, except that such expenses may not 

23 exceed 5 percent of the funds appropriated under this head24 ing: Provided further, That funds appropriated under this 

25 heading shall be apportioned to USAID not later than 60 
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•HR 1865 EAH 

1 days after enactment of this Act: Provided further, That 

2 funds appropriated under this heading shall be subject to 

3 the regular notification procedures of the Committees on 

4 Appropriations, except that such notifications shall be 

5 transmitted at least 5 days prior to the obligation of funds. 

6 ECONOMIC SUPPORT FUND

7 For necessary expenses to carry out the provisions of 

8 chapter 4 of part II of the Foreign Assistance Act of 1961, 

9 $3,045,000,000, to remain available until September 30, 

10 2021. 

11 DEMOCRACY FUND

12 For necessary expenses to carry out the provisions of 

13 the Foreign Assistance Act of 1961 for the promotion of de14 mocracy globally, including to carry out the purposes of sec15 tion 502(b)(3) and (5) of Public Law 98–164 (22 U.S.C. 

16 4411), $178,450,000, to remain available until September 

17 30, 2021, which shall be made available for the Human 

18 Rights and Democracy Fund of the Bureau of Democracy, 

19 Human Rights, and Labor, Department of State, and shall 

20 be apportioned to such Bureau not later than 60 days after 

21 enactment of this Act: Provided, That funds appropriated 

22 under this heading that are made available to the National 

23 Endowment for Democracy and its core institutes are in 

24 addition to amounts otherwise available by this Act for such 

25 purposes: Provided further, That the Assistant Secretary for 
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•HR 1865 EAH 

1 Democracy, Human Rights, and Labor, Department of 

2 State, shall consult with the Committees on Appropriations 

3 prior to the initial obligation of funds appropriated under 

4 this paragraph. 

5 For an additional amount for such purposes, 

6 $95,250,000, to remain available until September 30, 2021, 

7 which shall be made available for the Bureau for Democ8 racy, Conflict, and Humanitarian Assistance, United 

9 States Agency for International Development, and shall be 

10 apportioned to such Bureau not later than 60 days after 

11 enactment of this Act. 

12 ASSISTANCE FOR EUROPE, EURASIA AND CENTRAL ASIA

13 For necessary expenses to carry out the provisions of 

14 the Foreign Assistance Act of 1961, the FREEDOM Sup15 port Act (Public Law 102–511), and the Support for East16 ern European Democracy (SEED) Act of 1989 (Public Law 

17 101–179), $770,334,000, to remain available until Sep18 tember 30, 2021, which shall be available, notwithstanding 

19 any other provision of law, except section 7047 of this Act, 

20 for assistance and related programs for countries identified 

21 in section 3 of the FREEDOM Support Act (22 U.S.C. 

22 5801) and section 3(c) of the SEED Act of 1989 (22 U.S.C. 

23 5402), in addition to funds otherwise available for such 

24 purposes: Provided, That funds appropriated by this Act 

25 under the headings ‘‘Global Health Programs’’, ‘‘Economic 
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1 Support Fund’’, and ‘‘International Narcotics Control and 

2 Law Enforcement’’ that are made available for assistance 

3 for such countries shall be administered in accordance with 

4 the responsibilities of the coordinator designated pursuant 

5 to section 102 of the FREEDOM Support Act and section 

6 601 of the SEED Act of 1989: Provided further, That funds 

7 appropriated under this heading shall be considered to be 

8 economic assistance under the Foreign Assistance Act of 

9 1961 for purposes of making available the administrative 

10 authorities contained in that Act for the use of economic 

11 assistance: Provided further, That funds appropriated 

12 under this heading may be made available for contributions 

13 to multilateral initiatives to counter hybrid threats: Pro14 vided further, That any notification of funds made avail15 able under this heading in this Act or prior Acts making 

16 appropriations for the Department of State, foreign oper17 ations, and related programs shall include information (if 

18 known on the date of transmittal of such notification) on 

19 the use of notwithstanding authority: Provided further, 

20 That if subsequent to the notification of assistance it be21 comes necessary to rely on notwithstanding authority, the 

22 Committees on Appropriations should be informed at the 

23 earliest opportunity and to the extent practicable. 
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1 DEPARTMENT OF STATE

2 MIGRATION AND REFUGEE ASSISTANCE

3 For necessary expenses not otherwise provided for, to 

4 enable the Secretary of State to carry out the provisions 

5 of section 2(a) and (b) of the Migration and Refugee Assist6 ance Act of 1962 (22 U.S.C. 2601), and other activities to 

7 meet refugee and migration needs; salaries and expenses of 

8 personnel and dependents as authorized by the Foreign 

9 Service Act of 1980 (22 U.S.C. 3901 et seq.); allowances 

10 as authorized by sections 5921 through 5925 of title 5, 

11 United States Code; purchase and hire of passenger motor 

12 vehicles; and services as authorized by section 3109 of title 

13 5, United States Code, $3,432,000,000, to remain available 

14 until expended, of which: $1,521,355,000 is designated by 

15 the Congress for Overseas Contingency Operations/Global 

16 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 

17 the Balanced Budget and Emergency Deficit Control Act 

18 of 1985; not less than $35,000,000 shall be made available 

19 to respond to small-scale emergency humanitarian require20 ments; and $5,000,000 shall be made available for refugees 

21 resettling in Israel. 

22 UNITED STATES EMERGENCY REFUGEE AND MIGRATION

23 ASSISTANCE FUND

24 For necessary expenses to carry out the provisions of 

25 section 2(c) of the Migration and Refugee Assistance Act 
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1 of 1962 (22 U.S.C. 2601(c)), $100,000, to remain available 

2 until expended: Provided, That amounts in excess of the 

3 limitation contained in paragraph (2) of such section shall 

4 be transferred to, and merged with, funds made available 

5 by this Act under the heading ‘‘Migration and Refugee As6 sistance’’. 

7 INDEPENDENT AGENCIES

8 PEACE CORPS

9 (INCLUDING TRANSFER OF FUNDS)

10 For necessary expenses to carry out the provisions of 

11 the Peace Corps Act (22 U.S.C. 2501 et seq.), including the 

12 purchase of not to exceed five passenger motor vehicles for 

13 administrative purposes for use outside of the United 

14 States, $410,500,000, of which $6,330,000 is for the Office 

15 of Inspector General, to remain available until September 

16 30, 2021: Provided, That the Director of the Peace Corps 

17 may transfer to the Foreign Currency Fluctuations Ac18 count, as authorized by section 16 of the Peace Corps Act 

19 (22 U.S.C. 2515), an amount not to exceed $5,000,000: Pro20 vided further, That funds transferred pursuant to the pre21 vious proviso may not be derived from amounts made avail22 able for Peace Corps overseas operations: Provided further, 

23 That of the funds appropriated under this heading, not to 

24 exceed $104,000 may be available for representation ex25 penses, of which not to exceed $4,000 may be made available 
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1 for entertainment expenses: Provided further, That none of 

2 the funds appropriated under this heading shall be used to 

3 pay for abortions: Provided further, That notwithstanding 

4 the previous proviso, section 614 of division E of Public 

5 Law 113–76 shall apply to funds appropriated under this 

6 heading. 

7 MILLENNIUM CHALLENGE CORPORATION

8 For necessary expenses to carry out the provisions of 

9 the Millennium Challenge Act of 2003 (22 U.S.C. 7701 et 

10 seq.) (MCA), $905,000,000, to remain available until ex11 pended: Provided, That of the funds appropriated under 

12 this heading, up to $105,000,000 may be available for ad13 ministrative expenses of the Millennium Challenge Corpora14 tion: Provided further, That section 605(e) of the MCA (22 

15 U.S.C. 7704(e)) shall apply to funds appropriated under 

16 this heading: Provided further, That funds appropriated 

17 under this heading may be made available for a Millen18 nium Challenge Compact entered into pursuant to section 

19 609 of the MCA (22 U.S.C. 7708) only if such Compact 

20 obligates, or contains a commitment to obligate subject to 

21 the availability of funds and the mutual agreement of the 

22 parties to the Compact to proceed, the entire amount of the 

23 United States Government funding anticipated for the du24 ration of the Compact: Provided further, That no country 

25 should be eligible for a threshold program after such country 
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1 has completed a country compact: Provided further, That 

2 of the funds appropriated under this heading, not to exceed 

3 $100,000 may be available for representation and enter4 tainment expenses, of which not to exceed $5,000 may be 

5 available for entertainment expenses. 

6 INTER-AMERICAN FOUNDATION

7 For necessary expenses to carry out the functions of 

8 the Inter-American Foundation in accordance with the pro9 visions of section 401 of the Foreign Assistance Act of 1969, 

10 $37,500,000, to remain available until September 30, 2021: 

11 Provided, That of the funds appropriated under this head12 ing, not to exceed $2,000 may be available for representa13 tion expenses. 

14 UNITED STATES AFRICAN DEVELOPMENT FOUNDATION

15 For necessary expenses to carry out the African Devel16 opment Foundation Act (title V of Public Law 96–533; 22 

17 U.S.C. 290h et seq.), $33,000,000, to remain available until 

18 September 30, 2021, of which not to exceed $2,000 may be 

19 available for representation expenses: Provided, That funds 

20 made available to grantees may be invested pending expend21 iture for project purposes when authorized by the Board of 

22 Directors of the United States African Development Foun23 dation (USADF): Provided further, That interest earned 

24 shall be used only for the purposes for which the grant was 

25 made: Provided further, That notwithstanding section 
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1 505(a)(2) of the African Development Foundation Act (22 

2 U.S.C. 290h–3(a)(2)), in exceptional circumstances the 

3 Board of Directors of the USADF may waive the $250,000 

4 limitation contained in that section with respect to a 

5 project and a project may exceed the limitation by up to 

6 10 percent if the increase is due solely to foreign currency 

7 fluctuation: Provided further, That the USADF shall sub8 mit a report to the appropriate congressional committees 

9 after each time such waiver authority is exercised: Provided 

10 further, That the USADF may make rent or lease payments 

11 in advance from appropriations available for such purpose 

12 for offices, buildings, grounds, and quarters in Africa as 

13 may be necessary to carry out its functions: Provided fur14 ther, That the USADF may maintain bank accounts out15 side the United States Treasury and retain any interest 

16 earned on such accounts, in furtherance of the purposes of 

17 the African Development Foundation Act: Provided further, 

18 That the USADF may not withdraw any appropriation 

19 from the Treasury prior to the need of spending such funds 

20 for program purposes. 

21 DEPARTMENT OF THE TREASURY

22 INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE

23 For necessary expenses to carry out the provisions of 

24 section 129 of the Foreign Assistance Act of 1961, 

25 $30,000,000, to remain available until expended, of which 
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1 not more than $6,000,000 may be used for administrative 

2 expenses: Provided, That amounts made available under 

3 this heading may be made available to contract for services 

4 as described in section 129(d)(3)(A) of the Foreign Assist5 ance Act of 1961, without regard to the location in which 

6 such services are performed. 

7 DEBT RESTRUCTURING

8 For the costs, as defined in section 502 of the Congres9 sional Budget Act of 1974, of modifying loans and loan 

10 guarantees, as the President may determine, for which 

11 funds have been appropriated or otherwise made available 

12 for programs within the International Affairs Budget Func13 tion 150, including the cost of selling, reducing, or canceling 

14 amounts owed to the United States as a result of 

15 concessional loans made to eligible countries, pursuant to 

16 part V of the Foreign Assistance Act of 1961, $15,000,000, 

17 to remain available until September 30, 2021. 

18 TITLE IV 

19 INTERNATIONAL SECURITY ASSISTANCE 

20 DEPARTMENT OF STATE

21 INTERNATIONAL NARCOTICS CONTROL AND LAW

22 ENFORCEMENT

23 For necessary expenses to carry out section 481 of the 

24 Foreign Assistance Act of 1961, $1,391,000,000, to remain 

25 available until September 30, 2021: Provided, That the De-
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•HR 1865 EAH 

1 partment of State may use the authority of section 608 of 

2 the Foreign Assistance Act of 1961, without regard to its 

3 restrictions, to receive excess property from an agency of 

4 the United States Government for the purpose of providing 

5 such property to a foreign country or international organi6 zation under chapter 8 of part I of such Act, subject to the 

7 regular notification procedures of the Committees on Appro8 priations: Provided further, That section 482(b) of the For9 eign Assistance Act of 1961 shall not apply to funds appro10 priated under this heading, except that any funds made 

11 available notwithstanding such section shall be subject to 

12 the regular notification procedures of the Committees on 

13 Appropriations: Provided further, That funds appropriated 

14 under this heading shall be made available to support train15 ing and technical assistance for foreign law enforcement, 

16 corrections, judges, and other judicial authorities, utilizing 

17 regional partners: Provided further, That funds made avail18 able under this heading that are transferred to another de19 partment, agency, or instrumentality of the United States 

20 Government pursuant to section 632(b) of the Foreign As21 sistance Act of 1961 valued in excess of $5,000,000, and 

22 any agreement made pursuant to section 632(a) of such Act, 

23 shall be subject to the regular notification procedures of the 

24 Committees on Appropriations. 
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•HR 1865 EAH 

1 NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND

2 RELATED PROGRAMS

3 For necessary expenses for nonproliferation, anti-ter4 rorism, demining and related programs and activities, 

5 $895,750,000, to remain available until September 30, 

6 2021, to carry out the provisions of chapter 8 of part II 

7 of the Foreign Assistance Act of 1961 for anti-terrorism as8 sistance, chapter 9 of part II of the Foreign Assistance Act 

9 of 1961, section 504 of the FREEDOM Support Act (22 

10 U.S.C. 5854), section 23 of the Arms Export Control Act 

11 (22 U.S.C. 2763), or the Foreign Assistance Act of 1961 

12 for demining activities, the clearance of unexploded ord13 nance, the destruction of small arms, and related activities, 

14 notwithstanding any other provision of law, including ac15 tivities implemented through nongovernmental and inter16 national organizations, and section 301 of the Foreign As17 sistance Act of 1961 for a United States contribution to 

18 the Comprehensive Nuclear Test Ban Treaty Preparatory 

19 Commission, and for a voluntary contribution to the Inter20 national Atomic Energy Agency (IAEA): Provided, That 

21 funds made available under this heading for the Non22 proliferation and Disarmament Fund shall be made avail23 able, notwithstanding any other provision of law and sub24 ject to prior consultation with, and the regular notification 

25 procedures of, the Committees on Appropriations, to pro-
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•HR 1865 EAH 

1 mote bilateral and multilateral activities relating to non2 proliferation, disarmament, and weapons destruction, and 

3 shall remain available until expended: Provided further, 

4 That such funds may also be used for such countries other 

5 than the Independent States of the former Soviet Union and 

6 international organizations when it is in the national secu7 rity interest of the United States to do so: Provided further, 

8 That funds appropriated under this heading may be made 

9 available for the IAEA unless the Secretary of State deter10 mines that Israel is being denied its right to participate 

11 in the activities of that Agency: Provided further, That 

12 funds made available for conventional weapons destruction 

13 programs, including demining and related activities, in ad14 dition to funds otherwise available for such purposes, may 

15 be used for administrative expenses related to the operation 

16 and management of such programs and activities, subject 

17 to the regular notification procedures of the Committees on 

18 Appropriations. 

19 PEACEKEEPING OPERATIONS

20 For necessary expenses to carry out the provisions of 

21 section 551 of the Foreign Assistance Act of 1961, 

22 $457,348,000, of which $325,213,000, to remain available 

23 until September 30, 2021, is designated by the Congress for 

24 Overseas Contingency Operations/Global War on Terrorism 

25 pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget 
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1 and Emergency Deficit Control Act of 1985: Provided, That 

2 funds appropriated under this heading may be used, not3 withstanding section 660 of the Foreign Assistance Act of 

4 1961, to provide assistance to enhance the capacity of for5 eign civilian security forces, including gendarmes, to par6 ticipate in peacekeeping operations: Provided further, That 

7 of the funds appropriated under this heading, not less than 

8 $31,000,000 shall be made available for a United States 

9 contribution to the Multinational Force and Observers mis10 sion in the Sinai and not less than $71,000,000 shall be 

11 made available for the Global Peace Operations Initiative: 

12 Provided further, That funds appropriated under this head13 ing may be made available to pay assessed expenses of 

14 international peacekeeping activities in Somalia under the 

15 same terms and conditions, as applicable, as funds appro16 priated by this Act under the heading ‘‘Contributions for 

17 International Peacekeeping Activities’’: Provided further, 

18 That none of the funds appropriated under this heading 

19 shall be obligated except as provided through the regular 

20 notification procedures of the Committees on Appropria21 tions. 

22 FUNDS APPROPRIATED TO THE PRESIDENT

23 INTERNATIONAL MILITARY EDUCATION AND TRAINING

24 For necessary expenses to carry out the provisions of 

25 section 541 of the Foreign Assistance Act of 1961, 
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•HR 1865 EAH 

1 $112,925,000, of which up to $11,000,000 may remain 

2 available until September 30, 2021 and may not be obli3 gated until the Secretary of State submits to the Committees 

4 on Appropriations, following consultation with such Com5 mittees, a monitoring and evaluation plan for funds made 

6 available under this heading, as described under this head7 ing in Senate Report 116–126: Provided, That the civilian 

8 personnel for whom military education and training may 

9 be provided under this heading may include civilians who 

10 are not members of a government whose participation 

11 would contribute to improved civil-military relations, civil12 ian control of the military, or respect for human rights: 

13 Provided further, That of the funds appropriated under this 

14 heading, not to exceed $50,000 may be available for enter15 tainment expenses. 

16 FOREIGN MILITARY FINANCING PROGRAM

17 For necessary expenses for grants to enable the Presi18 dent to carry out the provisions of section 23 of the Arms 

19 Export Control Act (22 U.S.C. 2763), $6,156,924,000, of 

20 which $511,909,000, to remain available until September 

21 30, 2021, is designated by the Congress for Overseas Contin22 gency Operations/Global War on Terrorism pursuant to sec23 tion 251(b)(2)(A)(ii) of the Balanced Budget and Emer24 gency Deficit Control Act of 1985: Provided, That to expe25 dite the provision of assistance to foreign countries and 
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•HR 1865 EAH 

1 international organizations, the Secretary of State, fol2 lowing consultation with the Committees on Appropriations 

3 and subject to the regular notification procedures of such 

4 Committees, may use the funds appropriated under this 

5 heading to procure defense articles and services to enhance 

6 the capacity of foreign security forces: Provided further, 

7 That of the funds appropriated under this heading, not less 

8 than $3,300,000,000 shall be available for grants only for 

9 Israel which shall be disbursed within 30 days of enactment 

10 of this Act: Provided further, That to the extent that the 

11 Government of Israel requests that funds be used for such 

12 purposes, grants made available for Israel under this head13 ing shall, as agreed by the United States and Israel, be 

14 available for advanced weapons systems, of which not less 

15 than $805,300,000 shall be available for the procurement 

16 in Israel of defense articles and defense services, including 

17 research and development: Provided further, That funds ap18 propriated or otherwise made available under this heading 

19 shall be nonrepayable notwithstanding any requirement in 

20 section 23 of the Arms Export Control Act: Provided fur21 ther, That funds made available under this heading shall 

22 be obligated upon apportionment in accordance with para23 graph (5)(C) of section 1501(a) of title 31, United States 

24 Code. 
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•HR 1865 EAH 

1 None of the funds made available under this heading 

2 shall be available to finance the procurement of defense arti3 cles, defense services, or design and construction services 

4 that are not sold by the United States Government under 

5 the Arms Export Control Act unless the foreign country pro6 posing to make such procurement has first signed an agree7 ment with the United States Government specifying the 

8 conditions under which such procurement may be financed 

9 with such funds: Provided, That all country and funding 

10 level increases in allocations shall be submitted through the 

11 regular notification procedures of section 7015 of this Act: 

12 Provided further, That funds made available under this 

13 heading may be used, notwithstanding any other provision 

14 of law, for demining, the clearance of unexploded ordnance, 

15 and related activities, and may include activities imple16 mented through nongovernmental and international organi17 zations: Provided further, That only those countries for 

18 which assistance was justified for the ‘‘Foreign Military 

19 Sales Financing Program’’ in the fiscal year 1989 congres20 sional presentation for security assistance programs may 

21 utilize funds made available under this heading for procure22 ment of defense articles, defense services, or design and con23 struction services that are not sold by the United States 

24 Government under the Arms Export Control Act: Provided 

25 further, That funds appropriated under this heading shall 
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•HR 1865 EAH 

1 be expended at the minimum rate necessary to make timely 

2 payment for defense articles and services: Provided further, 

3 That not more than $70,000,000 of the funds appropriated 

4 under this heading may be obligated for necessary expenses, 

5 including the purchase of passenger motor vehicles for re6 placement only for use outside of the United States, for the 

7 general costs of administering military assistance and sales, 

8 except that this limitation may be exceeded only through 

9 the regular notification procedures of the Committees on 

10 Appropriations: Provided further, That of the funds made 

11 available under this heading for general costs of admin12 istering military assistance and sales, not to exceed $4,000 

13 may be available for entertainment expenses and not to ex14 ceed $130,000 may be available for representation expenses: 

15 Provided further, That not more than $1,082,200,000 of 

16 funds realized pursuant to section 21(e)(1)(A) of the Arms 

17 Export Control Act (22 U.S.C. 2761(e)(1)(A)) may be obli18 gated for expenses incurred by the Department of Defense 

19 during fiscal year 2020 pursuant to section 43(b) of the 

20 Arms Export Control Act (22 U.S.C. 2792(b)), except that 

21 this limitation may be exceeded only through the regular 

22 notification procedures of the Committees on Appropria23 tions. 
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1 TITLE V 

2 MULTILATERAL ASSISTANCE 

3 FUNDS APPROPRIATED TO THE PRESIDENT

4 INTERNATIONAL ORGANIZATIONS AND PROGRAMS

5 For necessary expenses to carry out the provisions of 

6 section 301 of the Foreign Assistance Act of 1961, 

7 $390,500,000: Provided, That section 307(a) of the Foreign 

8 Assistance Act of 1961 shall not apply to contributions to 

9 the United Nations Democracy Fund: Provided further, 

10 That not later than 60 days after enactment of this Act, 

11 such funds shall be made available for core contributions 

12 for each entity listed in the table under this heading in the 

13 explanatory statement described in section 4 (in the matter 

14 preceding division A of this consolidated Act) unless other15 wise provided for in this Act, or if the Secretary of State 

16 has justified the proposed uses of funds other than for core 

17 contributions following prior consultation with, and subject 

18 to the regular notification procedures of, the Committees on 

19 Appropriations. 

20 INTERNATIONAL FINANCIAL INSTITUTIONS

21 GLOBAL ENVIRONMENT FACILITY

22 For payment to the International Bank for Recon23 struction and Development as trustee for the Global Envi24 ronment Facility by the Secretary of the Treasury, 

25 $139,575,000, to remain available until, and to be fully dis-
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•HR 1865 EAH 

1 bursed not later than, September 30, 2021: Provided, That 

2 of such amount, $136,563,000, which shall remain available 

3 until September 30, 2020, is only available for the second 

4 installment of the seventh replenishment of the Global Envi5 ronment Facility, and shall be obligated and disbursed not 

6 later than 90 days after enactment of this Act: Provided 

7 further, That the Secretary shall report to the Committees 

8 on Appropriations on the status of funds provided under 

9 this heading not less than quarterly until fully disbursed: 

10 Provided further, That in such report the Secretary shall 

11 provide a timeline for the obligation and disbursement of 

12 any funds that have not yet been obligated or disbursed. 

13 CONTRIBUTION TO THE INTERNATIONAL BANK FOR

14 RECONSTRUCTION AND DEVELOPMENT

15 For payment to the International Bank for Recon16 struction and Development by the Secretary of the Treasury 

17 for the United States share of the paid-in portion of the 

18 increases in capital stock, $206,500,000, to remain avail19 able until expended. 

20 LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

21 The United States Governor of the International Bank 

22 for Reconstruction and Development may subscribe without 

23 fiscal year limitation to the callable capital portion of the 

24 United States share of increases in capital stock in an 

25 amount not to exceed $1,421,275,728.70. 
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1 CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT

2 ASSOCIATION

3 For payment to the International Development Asso4 ciation by the Secretary of the Treasury, $1,097,010,000, 

5 to remain available until expended. 

6 CONTRIBUTION TO THE ASIAN DEVELOPMENT FUND

7 For payment to the Asian Development Bank’s Asian 

8 Development Fund by the Secretary of the Treasury, 

9 $47,395,000, to remain available until expended. 

10 CONTRIBUTION TO THE AFRICAN DEVELOPMENT FUND

11 For payment to the African Development Fund by the 

12 Secretary of the Treasury, $171,300,000, to remain avail13 able until expended. 

14 CONTRIBUTION TO THE INTERNATIONAL FUND FOR

15 AGRICULTURAL DEVELOPMENT

16 For payment to the International Fund for Agricul17 tural Development by the Secretary of the Treasury, 

18 $30,000,000, to remain available until, and to be fully dis19 bursed no later than, September 30, 2021, for the second 

20 installment of the eleventh replenishment of the Inter21 national Fund for Agricultural Development: Provided, 

22 That the Secretary of the Treasury shall report to the Com23 mittees on Appropriations on the status of such payment 

24 not less than quarterly until fully disbursed: Provided fur25 ther, That in such report the Secretary shall provide a 
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•HR 1865 EAH 

1 timeline for the obligation and disbursement of any funds 

2 that have not yet been obligated or disbursed. 

3 TITLE VI 

4 EXPORT AND INVESTMENT ASSISTANCE 

5 EXPORT-IMPORT BANK OF THE UNITED STATES

6 INSPECTOR GENERAL

7 For necessary expenses of the Office of Inspector Gen8 eral in carrying out the provisions of the Inspector General 

9 Act of 1978 (5 U.S.C. App.), $5,700,000, of which up to 

10 $855,000 may remain available until September 30, 2021. 

11 PROGRAM ACCOUNT

12 The Export-Import Bank of the United States is au13 thorized to make such expenditures within the limits of 

14 funds and borrowing authority available to such corpora15 tion, and in accordance with law, and to make such con16 tracts and commitments without regard to fiscal year limi17 tations, as provided by section 9104 of title 31, United 

18 States Code, as may be necessary in carrying out the pro19 gram for the current fiscal year for such corporation: Pro20 vided, That none of the funds available during the current 

21 fiscal year may be used to make expenditures, contracts, 

22 or commitments for the export of nuclear equipment, fuel, 

23 or technology to any country, other than a nuclear-weapon 

24 state as defined in Article IX of the Treaty on the Non25 Proliferation of Nuclear Weapons eligible to receive eco-
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1 nomic or military assistance under this Act, that has deto2 nated a nuclear explosive after the date of enactment of this 

3 Act. 

4 ADMINISTRATIVE EXPENSES

5 For administrative expenses to carry out the direct 

6 and guaranteed loan and insurance programs, including 

7 hire of passenger motor vehicles and services as authorized 

8 by section 3109 of title 5, United States Code, and not to 

9 exceed $30,000 for official reception and representation ex10 penses for members of the Board of Directors, not to exceed 

11 $110,000,000, of which up to $16,500,000 may remain 

12 available until September 30, 2021: Provided, That the Ex13 port-Import Bank (the Bank) may accept, and use, pay14 ment or services provided by transaction participants for 

15 legal, financial, or technical services in connection with any 

16 transaction for which an application for a loan, guarantee 

17 or insurance commitment has been made: Provided further, 

18 That the Bank shall charge fees for necessary expenses (in19 cluding special services performed on a contract or fee basis, 

20 but not including other personal services) in connection 

21 with the collection of moneys owed the Bank, repossession 

22 or sale of pledged collateral or other assets acquired by the 

23 Bank in satisfaction of moneys owed the Bank, or the inves24 tigation or appraisal of any property, or the evaluation of 

25 the legal, financial, or technical aspects of any transaction 
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1 for which an application for a loan, guarantee or insurance 

2 commitment has been made, or systems infrastructure di3 rectly supporting transactions: Provided further, That in 

4 addition to other funds appropriated for administrative ex5 penses, such fees shall be credited to this account for such 

6 purposes, to remain available until expended. 

7 RECEIPTS COLLECTED

8 Receipts collected pursuant to the Export-Import Bank 

9 Act of 1945 (Public Law 79–173) and the Federal Credit 

10 Reform Act of 1990, in an amount not to exceed the amount 

11 appropriated herein, shall be credited as offsetting collec12 tions to this account: Provided, That the sums herein appro13 priated from the General Fund shall be reduced on a dollar14 for-dollar basis by such offsetting collections so as to result 

15 in a final fiscal year appropriation from the General Fund 

16 estimated at $0. 

17 UNITED STATES INTERNATIONAL DEVELOPMENT FINANCE

18 CORPORATION

19 INSPECTOR GENERAL

20 For necessary expenses of the Office of Inspector Gen21 eral in carrying out the provisions of the Inspector General 

22 Act of 1978 (5 U.S.C. App.), $2,000,000, to remain avail23 able until September 30, 2021. 
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1 CORPORATE CAPITAL ACCOUNT

2 The United States International Development Finance 

3 Corporation (the Corporation) is authorized to make such 

4 expenditures and commitments within the limits of funds 

5 and borrowing authority available to the Corporation, and 

6 in accordance with the law, and to make such expenditures 

7 and commitments without regard to fiscal year limitations, 

8 as provided by section 9104 of title 31, United States Code, 

9 as may be necessary in carrying out the programs for the 

10 current fiscal year for the Corporation: Provided, That for 

11 necessary expenses of the activities described in subsections 

12 (b), (c), (e), (f), and (g) of section 1421 of the BUILD Act 

13 of 2018 (division F of Public Law 115–254) and for admin14 istrative expenses to carry out authorized activities and 

15 project-specific transaction costs described in section 

16 1434(d) of such Act, $299,000,000: Provided further, That 

17 of the amount provided— 

18 (1) $119,000,000 shall remain available until 

19 September 30, 2022, for administrative expenses to 

20 carry out authorized activities (including an amount 

21 for official reception and representation expenses 

22 which shall not exceed $25,000) and project-specific 

23 transaction costs as described in section 1434(k) of 

24 such Act, of which $1,000,000 shall remain available 

25 until September 30, 2024; 
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•HR 1865 EAH 

1 (2) $150,000,000 shall remain available until 

2 September 30, 2022, for the activities described in sec3 tion 1421(c) of such Act, except such amounts obli4 gated in a fiscal year shall remain available for dis5 bursement for the term of the underlying project: Pro6 vided further, That if the term of the project extends 

7 longer than 10 fiscal years, the Chief Executive Offi8 cer of the Corporation shall inform the appropriate 

9 congressional committees prior to the obligation or 

10 disbursement of funds, as applicable: Provided fur11 ther, That amounts may only be obligated after the 

12 Chief Executive Officer of the Corporation submits to 

13 the appropriate congressional committees the guide14 lines and criteria required by paragraph (3) of such 

15 section; and 

16 (3) $30,000,000 shall be paid to the ‘‘United 

17 States International Development Finance Corpora18 tion—Program Account’’ for programs authorized by 

19 subsections (b), (e), (f), and (g) of section 1421 of the 

20 BUILD Act of 2018 (division F of Public Law 115– 

21 254): 

22 Provided further, That funds may only be obligated pursu23 ant to section 1421(g) of the BUILD Act of 2018 subject 

24 to prior consultation with the appropriate congressional 

25 committees and the regular notification procedures of the 
719 

•HR 1865 EAH 

1 Committees on Appropriations: Provided further, That in 

2 this fiscal year, and each fiscal year thereafter, the Corpora3 tion shall collect the amounts described in section 1434(h) 

4 of the BUILD Act of 2018: Provided further, That in fiscal 

5 year 2020 such collections shall be credited as offsetting col6 lections to this appropriation: Provided further, That such 

7 collections collected in fiscal year 2020 in excess of 

8 $299,000,000 shall be credited to this account and shall be 

9 available in future fiscal years only to the extent provided 

10 in advance in appropriations Acts: Provided further, That 

11 in fiscal year 2020, if such collections are less than 

12 $299,000,000, receipts collected pursuant to the BUILD Act 

13 of 2018 and the Federal Credit Reform Act of 1990, in an 

14 amount equal to such shortfall, shall be credited as offsetting 

15 collections to this appropriation: Provided further, That 

16 funds appropriated or otherwise made available under this 

17 heading may not be used to provide any type of assistance 

18 that is otherwise prohibited by any other provision of law 

19 or to provide assistance to any foreign country that is other20 wise prohibited by any other provision of law: Provided fur21 ther, That the sums herein appropriated from the General 

22 Fund shall be reduced on a dollar-for-dollar basis by the 

23 offsetting collections described under this heading so as to 

24 result in a final fiscal year appropriation from the General 

25 Fund estimated at $0. 
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•HR 1865 EAH 

1 PROGRAM ACCOUNT

2 Amounts paid from ‘‘United States International De3 velopment Finance Corporation—Corporate Capital Ac4 count’’ (CCA) shall remain available until September 30, 

5 2022: Provided, That up to $80,000,000 of amounts paid 

6 to this account from CCA or transferred to this account pur7 suant to section 1434(j) of the BUILD Act of 2018 (division 

8 F of Public Law 115–254) shall be available for the costs 

9 of direct and guaranteed loans provided by the Corporation 

10 pursuant to section 1421(b) of such Act: Provided further, 

11 That such costs, including the cost of modifying such loans, 

12 shall be as defined in section 502 of the Congressional Budg13 et Act of 1974: Provided further, That such amounts obli14 gated in a fiscal year shall remain available for disburse15 ment for the following 8 fiscal years: Provided further, That 

16 funds transferred to carry out the Foreign Assistance Act 

17 of 1961 pursuant to section 1434(j) of the BUILD Act of 

18 2018 may remain available for obligation for 1 additional 

19 fiscal year: Provided further, That the total loan principal 

20 or guaranteed principal amount shall not exceed 

21 $8,000,000,000. 

22 TRADE AND DEVELOPMENT AGENCY

23 For necessary expenses to carry out the provisions of 

24 section 661 of the Foreign Assistance Act of 1961, 

25 $79,500,000, to remain available until September 30, 2021, 
721 

•HR 1865 EAH 

1 of which no more than $19,000,000 may be used for admin2 istrative expenses: Provided, That of the funds appropriated 

3 under this heading, not more than $5,000 may be available 

4 for representation and entertainment expenses. 

5 TITLE VII 

6 GENERAL PROVISIONS 

7 ALLOWANCES AND DIFFERENTIALS

8 SEC. 7001. Funds appropriated under title I of this 

9 Act shall be available, except as otherwise provided, for al10 lowances and differentials as authorized by subchapter 59 

11 of title 5, United States Code; for services as authorized by 

12 section 3109 of such title and for hire of passenger transpor13 tation pursuant to section 1343(b) of title 31, United States 

14 Code. 

15 UNOBLIGATED BALANCES REPORT

16 SEC. 7002. Any department or agency of the United 

17 States Government to which funds are appropriated or oth18 erwise made available by this Act shall provide to the Com19 mittees on Appropriations a quarterly accounting of cumu20 lative unobligated balances and obligated, but unexpended, 

21 balances by program, project, and activity, and Treasury 

22 Account Fund Symbol of all funds received by such depart23 ment or agency in fiscal year 2020 or any previous fiscal 

24 year, disaggregated by fiscal year: Provided, That the report 

25 required by this section shall be submitted not later than 
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•HR 1865 EAH 

1 30 days after the end of each fiscal quarter and should 

2 specify by account the amount of funds obligated pursuant 

3 to bilateral agreements which have not been further sub-obli4 gated. 

5 CONSULTING SERVICES

6 SEC. 7003. The expenditure of any appropriation 

7 under title I of this Act for any consulting service through 

8 procurement contract, pursuant to section 3109 of title 5, 

9 United States Code, shall be limited to those contracts where 

10 such expenditures are a matter of public record and avail11 able for public inspection, except where otherwise provided 

12 under existing law, or under existing Executive order issued 

13 pursuant to existing law. 

14 DIPLOMATIC FACILITIES

15 SEC. 7004. (a) CAPITAL SECURITY COST SHARING EX16 CEPTION.—Notwithstanding paragraph (2) of section 

17 604(e) of the Secure Embassy Construction and Counterter18 rorism Act of 1999 (title VI of division A of H.R. 3427, 

19 as enacted into law by section 1000(a)(7) of Public Law 

20 106–113 and contained in appendix G of that Act), as 

21 amended by section 111 of the Department of State Authori22 ties Act, Fiscal Year 2017 (Public Law 114–323), a project 

23 to construct a facility of the United States may include of24 fice space or other accommodations for members of the 

25 United States Marine Corps. 
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•HR 1865 EAH 

1 (b) NEW DIPLOMATIC FACILITIES.—For the purposes 

2 of calculating the fiscal year 2020 costs of providing new 

3 United States diplomatic facilities in accordance with sec4 tion 604(e) of the Secure Embassy Construction and 

5 Counterterrorism Act of 1999 (22 U.S.C. 4865 note), the 

6 Secretary of State, in consultation with the Director of the 

7 Office of Management and Budget, shall determine the an8 nual program level and agency shares in a manner that 

9 is proportional to the contribution of the Department of 

10 State for this purpose. 

11 (c) CONSULTATION AND NOTIFICATION.—Funds ap12 propriated by this Act and prior Acts making appropria13 tions for the Department of State, foreign operations, and 

14 related programs, which may be made available for the ac15 quisition of property or award of construction contracts for 

16 overseas United States diplomatic facilities during fiscal 

17 year 2020, shall be subject to prior consultation with, and 

18 the regular notification procedures of, the Committees on 

19 Appropriations: Provided, That notifications pursuant to 

20 this subsection shall include the information enumerated 

21 under the heading ‘‘Embassy Security, Construction, and 

22 Maintenance’’ in House Report 116–78. 

23 (d) INTERIM AND TEMPORARY FACILITIES ABROAD.— 

24 (1) SECURITY VULNERABILITIES.—Funds appro25 priated by this Act under the heading ‘‘Embassy Se-
724 

•HR 1865 EAH 

1 curity, Construction, and Maintenance’’ may be made 

2 available, following consultation with the appropriate 

3 congressional committees, to address security 

4 vulnerabilities at interim and temporary United 

5 States diplomatic facilities abroad, including physical 

6 security upgrades and local guard staffing, except 

7 that the amount of funds made available for such 

8 purposes from this Act and prior Acts making appro9 priations for the Department of State, foreign oper10 ations, and related programs shall be a minimum of 

11 $25,000,000. 

12 (2) CONSULTATION.—Notwithstanding any other 

13 provision of law, the opening, closure, or any signifi14 cant modification to an interim or temporary United 

15 States diplomatic facility shall be subject to prior 

16 consultation with the appropriate congressional com17 mittees and the regular notification procedures of the 

18 Committees on Appropriations, except that such con19 sultation and notification may be waived if there is 

20 a security risk to personnel. 

21 (e) SOFT TARGETS.—Of the funds appropriated by 

22 this Act under the heading ‘‘Embassy Security, Construc23 tion, and Maintenance’’, not less than $10,000,000 shall be 

24 made available for security upgrades to soft targets, includ-
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•HR 1865 EAH 

1 ing schools, recreational facilities, and residences used by 

2 United States diplomatic personnel and their dependents. 

3 PERSONNEL ACTIONS

4 SEC. 7005. Any costs incurred by a department or 

5 agency funded under title I of this Act resulting from per6 sonnel actions taken in response to funding reductions in7 cluded in this Act shall be absorbed within the total budg8 etary resources available under title I to such department 

9 or agency: Provided, That the authority to transfer funds 

10 between appropriations accounts as may be necessary to 

11 carry out this section is provided in addition to authorities 

12 included elsewhere in this Act: Provided further, That use 

13 of funds to carry out this section shall be treated as a re14 programming of funds under section 7015 of this Act. 

15 PROHIBITION ON PUBLICITY OR PROPAGANDA

16 SEC. 7006. No part of any appropriation contained 

17 in this Act shall be used for publicity or propaganda pur18 poses within the United States not authorized before enact19 ment of this Act by Congress: Provided, That up to $25,000 

20 may be made available to carry out the provisions of section 

21 316 of the International Security and Development Co22 operation Act of 1980 (Public Law 96–533; 22 U.S.C. 

23 2151a note). 
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•HR 1865 EAH 

1 PROHIBITION AGAINST DIRECT FUNDING FOR CERTAIN

2 COUNTRIES

3 SEC. 7007. None of the funds appropriated or other4 wise made available pursuant to titles III through VI of 

5 this Act shall be obligated or expended to finance directly 

6 any assistance or reparations for the governments of Cuba, 

7 North Korea, Iran, or Syria: Provided, That for purposes 

8 of this section, the prohibition on obligations or expendi9 tures shall include direct loans, credits, insurance, and 

10 guarantees of the Export-Import Bank or its agents. 

11 COUPS D’E ́TAT

12 SEC. 7008. None of the funds appropriated or other13 wise made available pursuant to titles III through VI of 

14 this Act shall be obligated or expended to finance directly 

15 any assistance to the government of any country whose duly 

16 elected head of government is deposed by military coup 

17 d’e ́tat or decree or, after the date of enactment of this Act, 

18 a coup d’e ́tat or decree in which the military plays a deci19 sive role: Provided, That assistance may be resumed to such 

20 government if the Secretary of State certifies and reports 

21 to the appropriate congressional committees that subsequent 

22 to the termination of assistance a democratically elected 

23 government has taken office: Provided further, That the pro24 visions of this section shall not apply to assistance to pro25 mote democratic elections or public participation in demo-
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•HR 1865 EAH 

1 cratic processes: Provided further, That funds made avail2 able pursuant to the previous provisos shall be subject to 

3 the regular notification procedures of the Committees on 

4 Appropriations. 

5 TRANSFER OF FUNDS AUTHORITY

6 SEC. 7009. (a) DEPARTMENT OF STATE AND UNITED

7 STATES AGENCY FOR GLOBAL MEDIA.— 

8 (1) DEPARTMENT OF STATE.— 

9 (A) IN GENERAL.—Not to exceed 5 percent of 

10 any appropriation made available for the current fis11 cal year for the Department of State under title I of 

12 this Act may be transferred between, and merged 

13 with, such appropriations, but no such appropriation, 

14 except as otherwise specifically provided, shall be in15 creased by more than 10 percent by any such trans16 fers, and no such transfer may be made to increase 

17 the appropriation under the heading ‘‘Representation 

18 Expenses’’. 

19 (B) EMBASSY SECURITY.—Funds appropriated 

20 under the headings ‘‘Diplomatic Programs’’, includ21 ing for Worldwide Security Protection, ‘‘Embassy Se22 curity, Construction, and Maintenance’’, and ‘‘Emer23 gencies in the Diplomatic and Consular Service’’ in 

24 this Act may be transferred to, and merged with, 

25 funds appropriated under such headings if the Sec-
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•HR 1865 EAH 

1 retary of State determines and reports to the Commit2 tees on Appropriations that to do so is necessary to 

3 implement the recommendations of the Benghazi Ac4 countability Review Board, for emergency evacu5 ations, or to prevent or respond to security situations 

6 and requirements, following consultation with, and 

7 subject to the regular notification procedures of, such 

8 Committees: Provided, That such transfer authority is 

9 in addition to any transfer authority otherwise avail10 able in this Act and under any other provision of 

11 law. 

12 (2) UNITED STATES AGENCY FOR GLOBAL MEDIA.— 

13 Not to exceed 5 percent of any appropriation made avail14 able for the current fiscal year for the United States Agency 

15 for Global Media under title I of this Act may be transferred 

16 between, and merged with, such appropriations, but no such 

17 appropriation, except as otherwise specifically provided, 

18 shall be increased by more than 10 percent by any such 

19 transfers. 

20 (3) TREATMENT AS REPROGRAMMING.—Any transfer 

21 pursuant to this subsection shall be treated as a reprogram22 ming of funds under section 7015 of this Act and shall not 

23 be available for obligation or expenditure except in compli24 ance with the procedures set forth in that section. 
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•HR 1865 EAH 

1 (b) LIMITATION ON TRANSFERS OF FUNDS BETWEEN

2 AGENCIES.— 

3 (1) IN GENERAL.—None of the funds made avail4 able under titles II through V of this Act may be 

5 transferred to any department, agency, or instrumen6 tality of the United States Government, except pursu7 ant to a transfer made by, or transfer authority pro8 vided in, this Act or any other appropriations Act. 

9 (2) ALLOCATION AND TRANSFERS.—Notwith10 standing paragraph (1), in addition to transfers 

11 made by, or authorized elsewhere in, this Act, funds 

12 appropriated by this Act to carry out the purposes of 

13 the Foreign Assistance Act of 1961 may be allocated 

14 or transferred to agencies of the United States Gov15 ernment pursuant to the provisions of sections 109, 

16 610, and 632 of the Foreign Assistance Act of 1961, 

17 and section 1434(j) of the BUILD Act of 2018 (divi18 sion F of Public Law 115–254). 

19 (3) NOTIFICATION.—Any agreement entered into 

20 by the United States Agency for International Devel21 opment or the Department of State with any depart22 ment, agency, or instrumentality of the United States 

23 Government pursuant to section 632(b) of the Foreign 

24 Assistance Act of 1961 valued in excess of $1,000,000 

25 and any agreement made pursuant to section 632(a) 
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•HR 1865 EAH 

1 of such Act, with funds appropriated by this Act or 

2 prior Acts making appropriations for the Department 

3 of State, foreign operations, and related programs 

4 under the headings ‘‘Global Health Programs’’, ‘‘De5 velopment Assistance’’, ‘‘Economic Support Fund’’, 

6 and ‘‘Assistance for Europe, Eurasia and Central 

7 Asia’’ shall be subject to the regular notification pro8 cedures of the Committees on Appropriations: Pro9 vided, That the requirement in the previous sentence 

10 shall not apply to agreements entered into between 

11 USAID and the Department of State. 

12 (c) UNITED STATES INTERNATIONAL DEVELOPMENT

13 FINANCE CORPORATION.— 

14 (1) LIMITATION.—Amounts transferred pursuant 

15 to section 1434(j) of the BUILD Act of 2018 (division 

16 F of Public Law 115–254) may only be transferred 

17 from funds made available under title III of this Act, 

18 and such amounts shall not exceed $50,000,000: Pro19 vided, That any such transfers shall be subject to 

20 prior consultation with, and the regular notification 

21 procedures of, the Committees on Appropriations: 

22 Provided further, That the Secretary of State, the Ad23 ministrator of the United States Agency for Inter24 national Development, and the Chief Executive Offi25 cer of the United States International Development 
731 

•HR 1865 EAH 

1 Finance Corporation (the Corporation), as appro2 priate, shall ensure that the programs funded by such 

3 transfers are coordinated with, and complement, for4 eign assistance programs implemented by the Depart5 ment of State and USAID: Provided further, That no 

6 funds transferred pursuant to such authority may be 

7 used by the Corporation to post personnel abroad or 

8 for activities described in section 1421(c) of such Act. 

9 (2) DEVELOPMENT CREDIT AUTHORITY AC10 COUNT.—Funds transferred from the Development 

11 Credit Authority program account of the United 

12 States Agency for International Development to the 

13 Corporate Capital Account of the United States Inter14 national Development Finance Corporation pursuant 

15 to section 1434(i) of the BUILD Act of 2018 (division 

16 F of Public Law 115–254) shall be transferred to, and 

17 merged with, such account, and may thereafter be 

18 deemed to meet any minimum funding requirements 

19 attributed for at the time of deposit into the Develop20 ment Credit Authority program account. 

21 (d) TRANSFER OF FUNDS BETWEEN ACCOUNTS.— 

22 None of the funds made available under titles II through 

23 V of this Act may be obligated under an appropriations 

24 account to which such funds were not appropriated, except 

25 for transfers specifically provided for in this Act, unless the 
732 

•HR 1865 EAH 

1 President, not less than 5 days prior to the exercise of any 

2 authority contained in the Foreign Assistance Act of 1961 

3 to transfer funds, consults with and provides a written pol4 icy justification to the Committees on Appropriations. 

5 (e) AUDIT OF INTER-AGENCY TRANSFERS OF FUNDS.— 

6 Any agreement for the transfer or allocation of funds appro7 priated by this Act or prior Acts making appropriations 

8 for the Department of State, foreign operations, and related 

9 programs entered into between the Department of State or 

10 USAID and another agency of the United States Govern11 ment under the authority of section 632(a) of the Foreign 

12 Assistance Act of 1961, or any comparable provision of law, 

13 shall expressly provide that the Inspector General (IG) for 

14 the agency receiving the transfer or allocation of such funds, 

15 or other entity with audit responsibility if the receiving 

16 agency does not have an IG, shall perform periodic program 

17 and financial audits of the use of such funds and report 

18 to the Department of State or USAID, as appropriate, upon 

19 completion of such audits: Provided, That such audits shall 

20 be transmitted to the Committees on Appropriations by the 

21 Department of State or USAID, as appropriate: Provided 

22 further, That funds transferred under such authority may 

23 be made available for the cost of such audits. 

24 (f) TRANSFER OF OVERSEAS CONTINGENCY OPER25 ATIONS/GLOBAL WAR ON TERRORISM FUNDS.—Funds ap-
733 

•HR 1865 EAH 

1 propriated by this Act under the headings ‘‘Peacekeeping 

2 Operations’’ and ‘‘Foreign Military Financing Program’’ 

3 that are designated by the Congress for Overseas Contin4 gency Operations/Global War on Terrorism pursuant to sec5 tion 251(b)(2)(A)(ii) of the Balanced Budget and Emer6 gency Deficit Control Act of 1985 may be transferred to, 

7 and merged with, such funds appropriated under such 

8 headings: Provided, That such transfer authority may only 

9 be exercised to address contingencies: Provided further, That 

10 such transfer authority is in addition to any transfer au11 thority otherwise available under any other provision of 

12 law, including section 610 of the Foreign Assistance Act 

13 of 1961: Provided further, That such transfer authority 

14 shall be subject to prior consultation with, and the regular 

15 notification procedures of, the Committees on Appropria16 tions. 

17 PROHIBITION AND LIMITATION ON CERTAIN EXPENSES

18 SEC. 7010. (a) FIRST-CLASS TRAVEL.—None of the 

19 funds made available by this Act may be used for first-class 

20 travel by employees of United States Government depart21 ments and agencies funded by this Act in contravention of 

22 section 301–10.122 through 301–10.124 of title 41, Code of 

23 Federal Regulations. 

24 (b) COMPUTER NETWORKS.—None of the funds made 

25 available by this Act for the operating expenses of any 
734 

•HR 1865 EAH 

1 United States Government department or agency may be 

2 used to establish or maintain a computer network for use 

3 by such department or agency unless such network has fil4 ters designed to block access to sexually explicit websites: 

5 Provided, That nothing in this subsection shall limit the 

6 use of funds necessary for any Federal, State, tribal, or local 

7 law enforcement agency, or any other entity carrying out 

8 the following activities: criminal investigations, prosecu9 tions, and adjudications; administrative discipline; and the 

10 monitoring of such websites undertaken as part of official 

11 business. 

12 (c) PROHIBITION ON PROMOTION OF TOBACCO.—None 

13 of the funds made available by this Act shall be available 

14 to promote the sale or export of tobacco or tobacco products, 

15 or to seek the reduction or removal by any foreign country 

16 of restrictions on the marketing of tobacco or tobacco prod17 ucts, except for restrictions which are not applied equally 

18 to all tobacco or tobacco products of the same type. 

19 (d) EMAIL SERVERS OUTSIDE THE .GOV DOMAIN.— 

20 None of the funds appropriated by this Act under the head21 ings ‘‘Diplomatic Programs’’ and ‘‘Capital Investment 

22 Fund’’ in title I, and ‘‘Operating Expenses’’ and ‘‘Capital 

23 Investment Fund’’ in title II that are made available to 

24 the Department of State and the United States Agency for 

25 International Development may be made available to sup-
735 

•HR 1865 EAH 

1 port the use or establishment of email accounts or email 

2 servers created outside the .gov domain or not fitted for 

3 automated records management as part of a Federal gov4 ernment records management program in contravention of 

5 the Presidential and Federal Records Act Amendments of 

6 2014 (Public Law 113–187). 

7 (e) REPRESENTATION AND ENTERTAINMENT EX8 PENSES.—Each Federal department, agency, or entity 

9 funded in titles I or II of this Act, and the Department 

10 of the Treasury and independent agencies funded in titles 

11 III or VI of this Act, shall take steps to ensure that domestic 

12 and overseas representation and entertainment expenses 

13 further official agency business and United States foreign 

14 policy interests, and— 

15 (1) are primarily for fostering relations outside 

16 of the Executive Branch; 

17 (2) are principally for meals and events of a 

18 protocol nature; 

19 (3) are not for employee-only events; and 

20 (4) do not include activities that are substan21 tially of a recreational character. 

22 (f) LIMITATIONS ON ENTERTAINMENT EXPENSES.— 

23 None of the funds appropriated or otherwise made available 

24 by this Act under the headings ‘‘International Military 

25 Education and Training’’ or ‘‘Foreign Military Financing 
736 

•HR 1865 EAH 

1 Program’’ for Informational Program activities or under 

2 the headings ‘‘Global Health Programs’’, ‘‘Development As3 sistance’’, ‘‘Economic Support Fund’’, and ‘‘Assistance for 

4 Europe, Eurasia and Central Asia’’ may be obligated or 

5 expended to pay for— 

6 (1) alcoholic beverages; or 

7 (2) entertainment expenses for activities that are 

8 substantially of a recreational character, including 

9 entrance fees at sporting events, theatrical and musi10 cal productions, and amusement parks. 

11 AVAILABILITY OF FUNDS

12 SEC. 7011. No part of any appropriation contained 

13 in this Act shall remain available for obligation after the 

14 expiration of the current fiscal year unless expressly so pro15 vided by this Act: Provided, That funds appropriated for 

16 the purposes of chapters 1 and 8 of part I, section 661, 

17 chapters 4, 5, 6, 8, and 9 of part II of the Foreign Assist18 ance Act of 1961, section 23 of the Arms Export Control 

19 Act (22 U.S.C. 2763), and funds made available for 

20 ‘‘United States International Development Finance Cor21 poration’’ and under the heading ‘‘Assistance for Europe, 

22 Eurasia and Central Asia’’ shall remain available for an 

23 additional 4 years from the date on which the availability 

24 of such funds would otherwise have expired, if such funds 

25 are initially obligated before the expiration of their respec-
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•HR 1865 EAH 

1 tive periods of availability contained in this Act: Provided 

2 further, That notwithstanding any other provision of this 

3 Act, any funds made available for the purposes of chapter 

4 1 of part I and chapter 4 of part II of the Foreign Assist5 ance Act of 1961 which are allocated or obligated for cash 

6 disbursements in order to address balance of payments or 

7 economic policy reform objectives, shall remain available for 

8 an additional 4 years from the date on which the avail9 ability of such funds would otherwise have expired, if such 

10 funds are initially allocated or obligated before the expira11 tion of their respective periods of availability contained in 

12 this Act: Provided further, That the Secretary of State shall 

13 provide a report to the Committees on Appropriations not 

14 later than October 31, 2020, detailing by account and 

15 source year, the use of this authority during the previous 

16 fiscal year. 

17 LIMITATION ON ASSISTANCE TO COUNTRIES IN DEFAULT

18 SEC. 7012. No part of any appropriation provided 

19 under titles III through VI in this Act shall be used to fur20 nish assistance to the government of any country which is 

21 in default during a period in excess of 1 calendar year in 

22 payment to the United States of principal or interest on 

23 any loan made to the government of such country by the 

24 United States pursuant to a program for which funds are 

25 appropriated under this Act unless the President deter-
738 

•HR 1865 EAH 

1 mines, following consultation with the Committees on Ap2 propriations, that assistance for such country is in the na3 tional interest of the United States. 

4 PROHIBITION ON TAXATION OF UNITED STATES

5 ASSISTANCE

6 SEC. 7013. (a) PROHIBITION ON TAXATION.—None of 

7 the funds appropriated under titles III through VI of this 

8 Act may be made available to provide assistance for a for9 eign country under a new bilateral agreement governing the 

10 terms and conditions under which such assistance is to be 

11 provided unless such agreement includes a provision stating 

12 that assistance provided by the United States shall be ex13 empt from taxation, or reimbursed, by the foreign govern14 ment, and the Secretary of State and the Administrator of 

15 the United States Agency for International Development 

16 shall expeditiously seek to negotiate amendments to existing 

17 bilateral agreements, as necessary, to conform with this re18 quirement. 

19 (b) NOTIFICATION AND REIMBURSEMENT OF FOREIGN

20 TAXES.—An amount equivalent to 200 percent of the total 

21 taxes assessed during fiscal year 2020 on funds appro22 priated by this Act and prior Acts making appropriations 

23 for the Department of State, foreign operations, and related 

24 programs by a foreign government or entity against United 

25 States assistance programs, either directly or through 
739 

•HR 1865 EAH 

1 grantees, contractors, and subcontractors, shall be withheld 

2 from obligation from funds appropriated for assistance for 

3 fiscal year 2021 and for prior fiscal years and allocated 

4 for the central government of such country or for the West 

5 Bank and Gaza program, as applicable, if, not later than 

6 September 30, 2021, such taxes have not been reimbursed: 

7 Provided, That the Secretary of State shall report to the 

8 Committees on Appropriations by such date on the foreign 

9 governments and entities that have not reimbursed such 

10 taxes, including any amount of funds withheld pursuant 

11 to this subsection. 

12 (c) DE MINIMIS EXCEPTION.—Foreign taxes of a de 

13 minimis nature shall not be subject to the provisions of sub14 section (b). 

15 (d) REPROGRAMMING OF FUNDS.—Funds withheld 

16 from obligation for each foreign government or entity pur17 suant to subsection (b) shall be reprogrammed for assistance 

18 for countries which do not assess taxes on United States 

19 assistance or which have an effective arrangement that is 

20 providing substantial reimbursement of such taxes, and that 

21 can reasonably accommodate such assistance in a program22 matically responsible manner. 

23 (e) DETERMINATIONS.— 

24 (1) IN GENERAL.—The provisions of this section 

25 shall not apply to any foreign government or entity 
740 

•HR 1865 EAH 

1 that assesses such taxes if the Secretary of State re2 ports to the Committees on Appropriations that— 

3 (A) such foreign government or entity has 

4 an effective arrangement that is providing sub5 stantial reimbursement of such taxes; or 

6 (B) the foreign policy interests of the United 

7 States outweigh the purpose of this section to en8 sure that United States assistance is not subject 

9 to taxation. 

10 (2) CONSULTATION.—The Secretary of State 

11 shall consult with the Committees on Appropriations 

12 at least 15 days prior to exercising the authority of 

13 this subsection with regard to any foreign government 

14 or entity. 

15 (f) IMPLEMENTATION.—The Secretary of State shall 

16 issue and update rules, regulations, or policy guidance, as 

17 appropriate, to implement the prohibition against the tax18 ation of assistance contained in this section. 

19 (g) DEFINITIONS.—As used in this section: 

20 (1) BILATERAL AGREEMENT.—The term ‘‘bilat21 eral agreement’’ refers to a framework bilateral agree22 ment between the Government of the United States 

23 and the government of the country receiving assist24 ance that describes the privileges and immunities ap25 plicable to United States foreign assistance for such 
741 

•HR 1865 EAH 

1 country generally, or an individual agreement be2 tween the Government of the United States and such 

3 government that describes, among other things, the 

4 treatment for tax purposes that will be accorded the 

5 United States assistance provided under that agree6 ment. 

7 (2) TAXES AND TAXATION.—The term ‘‘taxes and 

8 taxation’’ shall include value added taxes and cus9 toms duties but shall not include individual income 

10 taxes assessed to local staff. 

11 (h) REPORT.—Not later than 90 days after enactment 

12 of this Act, the Secretary of State, in consultation with the 

13 heads of other relevant agencies of the United States Gov14 ernment, shall submit a report to the Committees on Appro15 priations on the requirements contained under this section 

16 in House Report 116–78. 

17 RESERVATIONS OF FUNDS

18 SEC. 7014. (a) REPROGRAMMING.—Funds appro19 priated under titles III through VI of this Act which are 

20 specifically designated may be reprogrammed for other pro21 grams within the same account notwithstanding the des22 ignation if compliance with the designation is made impos23 sible by operation of any provision of this or any other Act: 

24 Provided, That any such reprogramming shall be subject 

25 to the regular notification procedures of the Committees on 
742 

•HR 1865 EAH 

1 Appropriations: Provided further, That assistance that is 

2 reprogrammed pursuant to this subsection shall be made 

3 available under the same terms and conditions as originally 

4 provided. 

5 (b) EXTENSION OF AVAILABILITY.—In addition to the 

6 authority contained in subsection (a), the original period 

7 of availability of funds appropriated by this Act and ad8 ministered by the Department of State or the United States 

9 Agency for International Development that are specifically 

10 designated for particular programs or activities by this or 

11 any other Act may be extended for an additional fiscal year 

12 if the Secretary of State or the USAID Administrator, as 

13 appropriate, determines and reports promptly to the Com14 mittees on Appropriations that the termination of assist15 ance to a country or a significant change in circumstances 

16 makes it unlikely that such designated funds can be obli17 gated during the original period of availability: Provided, 

18 That such designated funds that continue to be available 

19 for an additional fiscal year shall be obligated only for the 

20 purpose of such designation. 

21 (c) OTHER ACTS.—Ceilings and specifically des22 ignated funding levels contained in this Act shall not be 

23 applicable to funds or authorities appropriated or otherwise 

24 made available by any subsequent Act unless such Act spe25 cifically so directs: Provided, That specifically designated 
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•HR 1865 EAH 

1 funding levels or minimum funding requirements contained 

2 in any other Act shall not be applicable to funds appro3 priated by this Act. 

4 NOTIFICATION REQUIREMENTS

5 SEC. 7015. (a) NOTIFICATION OF CHANGES IN PRO6 GRAMS, PROJECTS, AND ACTIVITIES.—None of the funds 

7 made available in titles I and II of this Act or prior Acts 

8 making appropriations for the Department of State, foreign 

9 operations, and related programs to the departments and 

10 agencies funded by this Act that remain available for obli11 gation in fiscal year 2020, or provided from any accounts 

12 in the Treasury of the United States derived by the collec13 tion of fees or of currency reflows or other offsetting collec14 tions, or made available by transfer, to the departments and 

15 agencies funded by this Act, shall be available for obligation 

16 to— 

17 (1) create new programs; 

18 (2) suspend or eliminate a program, project, or 

19 activity; 

20 (3) close, suspend, open, or reopen a mission or 

21 post; 

22 (4) create, close, reorganize, downsize, or rename 

23 bureaus, centers, or offices; or 

24 (5) contract out or privatize any functions or ac25 tivities presently performed by Federal employees; 
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1 unless previously justified to the Committees on Appropria2 tions or such Committees are notified 15 days in advance 

3 of such obligation. 

4 (b) NOTIFICATION OF REPROGRAMMING OF FUNDS.— 

5 None of the funds provided under titles I and II of this 

6 Act or prior Acts making appropriations for the Depart7 ment of State, foreign operations, and related programs, to 

8 the departments and agencies funded under titles I and II 

9 of this Act that remain available for obligation in fiscal 

10 year 2020, or provided from any accounts in the Treasury 

11 of the United States derived by the collection of fees avail12 able to the department and agency funded under title I of 

13 this Act, shall be available for obligation or expenditure for 

14 programs, projects, or activities through a reprogramming 

15 of funds in excess of $1,000,000 or 10 percent, whichever 

16 is less, that— 

17 (1) augments or changes existing programs, 

18 projects, or activities; 

19 (2) relocates an existing office or employees; 

20 (3) reduces by 10 percent funding for any exist21 ing program, project, or activity, or numbers of per22 sonnel by 10 percent as approved by Congress; or 

23 (4) results from any general savings, including 

24 savings from a reduction in personnel, which would 
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1 result in a change in existing programs, projects, or 

2 activities as approved by Congress; 

3 unless the Committees on Appropriations are notified 15 

4 days in advance of such reprogramming of funds. 

5 (c) NOTIFICATION REQUIREMENT.—None of the funds 

6 made available by this Act under the headings ‘‘Global 

7 Health Programs’’, ‘‘Development Assistance’’, ‘‘Inter8 national Organizations and Programs’’, ‘‘Trade and Devel9 opment Agency’’, ‘‘International Narcotics Control and 

10 Law Enforcement’’, ‘‘Economic Support Fund’’, ‘‘Democ11 racy Fund’’, ‘‘Assistance for Europe, Eurasia and Central 

12 Asia’’, ‘‘Peacekeeping Operations’’, ‘‘Nonproliferation, 

13 Anti-terrorism, Demining and Related Programs’’, ‘‘Millen14 nium Challenge Corporation’’, ‘‘Foreign Military Financ15 ing Program’’, ‘‘International Military Education and 

16 Training’’, ‘‘United States International Development Fi17 nance Corporation’’, and ‘‘Peace Corps’’, shall be available 

18 for obligation for programs, projects, activities, type of ma19 teriel assistance, countries, or other operations not justified 

20 or in excess of the amount justified to the Committees on 

21 Appropriations for obligation under any of these specific 

22 headings unless the Committees on Appropriations are noti23 fied 15 days in advance of such obligation: Provided, That 

24 the President shall not enter into any commitment of funds 

25 appropriated for the purposes of section 23 of the Arms Ex-
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•HR 1865 EAH 

1 port Control Act for the provision of major defense equip2 ment, other than conventional ammunition, or other major 

3 defense items defined to be aircraft, ships, missiles, or com4 bat vehicles, not previously justified to Congress or 20 per5 cent in excess of the quantities justified to Congress unless 

6 the Committees on Appropriations are notified 15 days in 

7 advance of such commitment: Provided further, That re8 quirements of this subsection or any similar provision of 

9 this or any other Act shall not apply to any reprogramming 

10 for a program, project, or activity for which funds are ap11 propriated under titles III through VI of this Act of less 

12 than 10 percent of the amount previously justified to Con13 gress for obligation for such program, project, or activity 

14 for the current fiscal year: Provided further, That any noti15 fication submitted pursuant to subsection (f) of this section 

16 shall include information (if known on the date of trans17 mittal of such notification) on the use of notwithstanding 

18 authority. 

19 (d) DEPARTMENT OF DEFENSE PROGRAMS AND FUND20 ING NOTIFICATIONS.— 

21 (1) PROGRAMS.—None of the funds appropriated 

22 by this Act or prior Acts making appropriations for 

23 the Department of State, foreign operations, and re24 lated programs may be made available to support or 

25 continue any program initially funded under any au-
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•HR 1865 EAH 

1 thority of title 10, United States Code, or any Act 

2 making or authorizing appropriations for the Depart3 ment of Defense, unless the Secretary of State, in con4 sultation with the Secretary of Defense and in accord5 ance with the regular notification procedures of the 

6 Committees on Appropriations, submits a justifica7 tion to such Committees that includes a description 

8 of, and the estimated costs associated with, the sup9 port or continuation of such program. 

10 (2) FUNDING.—Notwithstanding any other pro11 vision of law, funds transferred by the Department of 

12 Defense to the Department of State and the United 

13 States Agency for International Development for as14 sistance for foreign countries and international orga15 nizations shall be subject to the regular notification 

16 procedures of the Committees on Appropriations. 

17 (3) NOTIFICATION ON EXCESS DEFENSE ARTI18 CLES.—Prior to providing excess Department of De19 fense articles in accordance with section 516(a) of the 

20 Foreign Assistance Act of 1961, the Department of 

21 Defense shall notify the Committees on Appropria22 tions to the same extent and under the same condi23 tions as other committees pursuant to subsection (f) 

24 of that section: Provided, That before issuing a letter 

25 of offer to sell excess defense articles under the Arms 
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•HR 1865 EAH 

1 Export Control Act, the Department of Defense shall 

2 notify the Committees on Appropriations in accord3 ance with the regular notification procedures of such 

4 Committees if such defense articles are significant 

5 military equipment (as defined in section 47(9) of the 

6 Arms Export Control Act) or are valued (in terms of 

7 original acquisition cost) at $7,000,000 or more, or if 

8 notification is required elsewhere in this Act for the 

9 use of appropriated funds for specific countries that 

10 would receive such excess defense articles: Provided 

11 further, That such Committees shall also be informed 

12 of the original acquisition cost of such defense articles. 

13 (e) WAIVER.—The requirements of this section or any 

14 similar provision of this Act or any other Act, including 

15 any prior Act requiring notification in accordance with the 

16 regular notification procedures of the Committees on Appro17 priations, may be waived if failure to do so would pose a 

18 substantial risk to human health or welfare: Provided, That 

19 in case of any such waiver, notification to the Committees 

20 on Appropriations shall be provided as early as practicable, 

21 but in no event later than 3 days after taking the action 

22 to which such notification requirement was applicable, in 

23 the context of the circumstances necessitating such waiver: 

24 Provided further, That any notification provided pursuant 
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•HR 1865 EAH 

1 to such a waiver shall contain an explanation of the emer2 gency circumstances. 

3 (f) COUNTRY NOTIFICATION REQUIREMENTS.—None of 

4 the funds appropriated under titles III through VI of this 

5 Act may be obligated or expended for assistance for Afghan6 istan, Bahrain, Burma, Cambodia, Colombia, Cuba, Egypt, 

7 El Salvador, Ethiopia, Guatemala, Haiti, Honduras, Iran, 

8 Iraq, Lebanon, Libya, Mexico, Nicaragua, Pakistan, Phil9 ippines, the Russian Federation, Somalia, South Sudan, 

10 Sri Lanka, Sudan, Syria, Uzbekistan, Venezuela, Yemen, 

11 and Zimbabwe except as provided through the regular noti12 fication procedures of the Committees on Appropriations. 

13 (g) TRUST FUNDS.—Funds appropriated or otherwise 

14 made available in title III of this Act and prior Acts mak15 ing funds available for the Department of State, foreign op16 erations, and related programs that are made available for 

17 a trust fund held by an international financial institution 

18 shall be subject to the regular notification procedures of the 

19 Committees on Appropriations and such notification shall 

20 include the information specified under this section in 

21 House Report 116–78. 

22 (h) OTHER PROGRAM NOTIFICATION REQUIREMENT.— 

23 (1) DIPLOMATIC PROGRAMS.—Funds appro24 priated under title I of this Act under the heading 

25 ‘‘Diplomatic Programs’’ that are made available for 
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•HR 1865 EAH 

1 lateral entry into the Foreign Service shall be subject 

2 to prior consultation with, and the regular notifica3 tion procedures of, the Committees on Appropriations. 

4 (2) OTHER PROGRAMS.—Funds appropriated by 

5 this Act that are made available for the following pro6 grams and activities shall be subject to the regular no7 tification procedures of the Committees on Appropria8 tions: 

9 (A) the Global Engagement Center, except 

10 that the Secretary of State shall consult with the 

11 appropriate congressional committees prior to 

12 submitting such notification; 

13 (B) the Power Africa initiative, or any suc14 cessor program; 

15 (C) community-based police assistance con16 ducted pursuant to the authority of section 

17 7035(a)(1) of this Act; 

18 (D) the Relief and Recovery Fund and the 

19 Global Fragility Fund, if enacted into law; 

20 (E) the Indo-Pacific Strategy and the 

21 Countering Chinese Influence Fund; 

22 (F) the Global Security Contingency Fund; 

23 (G) the Countering Russian Influence 

24 Fund; 

25 (H) programs to end modern slavery; and 
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•HR 1865 EAH 

1 (I) the Women’s Global Development and 

2 Prosperity Fund. 

3 (i) WITHHOLDING OF FUNDS.—Funds appropriated 

4 by this Act under titles III and IV that are withheld from 

5 obligation or otherwise not programmed as a result of ap6 plication of a provision of law in this or any other Act 

7 shall, if reprogrammed, be subject to the regular notification 

8 procedures of the Committees on Appropriations. 

9 (j) FOREIGN ASSISTANCE REVIEW OR REALIGN10 MENT.—Programmatic, funding, and organizational 

11 changes resulting from implementation of any foreign as12 sistance review or realignment shall be subject to prior con13 sultation with, and the regular notification procedures of, 

14 the Committees on Appropriations: Provided, That such no15 tifications may be submitted in classified form, if necessary. 

16 DOCUMENT REQUESTS, RECORDS MANAGEMENT, AND

17 RELATED CYBERSECURITY PROTECTIONS

18 SEC. 7016. (a) DOCUMENT REQUESTS.—None of the 

19 funds appropriated or made available pursuant to titles III 

20 through VI of this Act shall be available to a nongovern21 mental organization, including any contractor, which fails 

22 to provide upon timely request any document, file, or record 

23 necessary to the auditing requirements of the Department 

24 of State and the United States Agency for International 

25 Development. 
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•HR 1865 EAH 

1 (b) RECORDS MANAGEMENT AND RELATED CYBERSE2 CURITY PROTECTIONS.—The Secretary of State and USAID 

3 Administrator shall— 

4 (1) regularly review and update the policies, di5 rectives, and oversight necessary to comply with Fed6 eral statutes, regulations, and presidential executive 

7 orders and memoranda concerning the preservation of 

8 all records made or received in the conduct of official 

9 business, including record emails, instant messaging, 

10 and other online tools; 

11 (2) use funds appropriated by this Act under the 

12 headings ‘‘Diplomatic Programs’’ and ‘‘Capital In13 vestment Fund’’ in title I, and ‘‘Operating Expenses’’ 

14 and ‘‘Capital Investment Fund’’ in title II, as appro15 priate, to improve Federal records management pur16 suant to the Federal Records Act (44 U.S.C. Chapters 

17 21, 29, 31, and 33) and other applicable Federal 

18 records management statutes, regulations, or policies 

19 for the Department of State and USAID; 

20 (3) direct departing employees, including senior 

21 officials, that all Federal records generated by such 

22 employees belong to the Federal Government; 

23 (4) improve the response time for identifying 

24 and retrieving Federal records, including requests 

25 made pursuant to section 552 of title 5, United States 
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•HR 1865 EAH 

1 Code (commonly known as the ‘‘Freedom of Informa2 tion Act’’); and 

3 (5) strengthen cybersecurity measures to mitigate 

4 vulnerabilities, including those resulting from the use 

5 of personal email accounts or servers outside the .gov 

6 domain, improve the process to identify and remove 

7 inactive user accounts, update and enforce guidance 

8 related to the control of national security informa9 tion, and implement the recommendations of the ap10 plicable reports of the cognizant Office of Inspector 

11 General. 

12 USE OF FUNDS IN CONTRAVENTION OF THIS ACT

13 SEC. 7017. If the President makes a determination not 

14 to comply with any provision of this Act on constitutional 

15 grounds, the head of the relevant Federal agency shall notify 

16 the Committees on Appropriations in writing within 5 days 

17 of such determination, the basis for such determination and 

18 any resulting changes to program or policy. 

19 PROHIBITION ON FUNDING FOR ABORTIONS AND

20 INVOLUNTARY STERILIZATION

21 SEC. 7018. None of the funds made available to carry 

22 out part I of the Foreign Assistance Act of 1961, as amend23 ed, may be used to pay for the performance of abortions 

24 as a method of family planning or to motivate or coerce 

25 any person to practice abortions. None of the funds made 
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•HR 1865 EAH 

1 available to carry out part I of the Foreign Assistance Act 

2 of 1961, as amended, may be used to pay for the perform3 ance of involuntary sterilization as a method of family 

4 planning or to coerce or provide any financial incentive 

5 to any person to undergo sterilizations. None of the funds 

6 made available to carry out part I of the Foreign Assistance 

7 Act of 1961, as amended, may be used to pay for any bio8 medical research which relates in whole or in part, to meth9 ods of, or the performance of, abortions or involuntary steri10 lization as a means of family planning. None of the funds 

11 made available to carry out part I of the Foreign Assistance 

12 Act of 1961, as amended, may be obligated or expended for 

13 any country or organization if the President certifies that 

14 the use of these funds by any such country or organization 

15 would violate any of the above provisions related to abor16 tions and involuntary sterilizations. 

17 ALLOCATIONS AND REPORTS

18 SEC. 7019. (a) ALLOCATION TABLES.—Subject to sub19 section (b), funds appropriated by this Act under titles III 

20 through V shall be made available at not less than the 

21 amounts specifically designated in the respective tables in22 cluded in the explanatory statement described in section 4 

23 (in the matter preceding division A of this consolidated 

24 Act): Provided, That such designated amounts for foreign 

25 countries and international organizations shall serve as the 
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•HR 1865 EAH 

1 amounts for such countries and international organizations 

2 transmitted to Congress in the report required by section 

3 653(a) of the Foreign Assistance Act of 1961, and shall be 

4 made available for such foreign countries and international 

5 organizations notwithstanding the date of the transmission 

6 of such report. 

7 (b) AUTHORIZED DEVIATIONS BELOW MINIMUM LEV8 ELS.—Unless otherwise provided for by this Act, the Sec9 retary of State and the Administrator of the United States 

10 Agency for International Development, as applicable, may 

11 deviate by not more than 10 percent below the minimum 

12 amounts specifically designated in the respective tables in 

13 the explanatory statement described in section 4 (in the 

14 matter preceding division A of this consolidated Act): Pro15 vided, That deviations pursuant to this subsection shall be 

16 subject to prior consultation with the Committees on Appro17 priations. 

18 (c) LIMITATION.—For specifically designated amounts 

19 that are included, pursuant to subsection (a), in the report 

20 required by section 653(a) of the Foreign Assistance Act of 

21 1961, deviations authorized by subsection (b) may only take 

22 place after submission of such report. 

23 (d) EXCEPTIONS.— 

24 (1) Subsections (a) and (b) shall not apply to— 
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1 (A) amounts designated for ‘‘International 

2 Military Education and Training’’ in the respec3 tive tables included in the explanatory statement 

4 described in section 4 (in the matter preceding 

5 division A of this consolidated Act); 

6 (B) funds for which the initial period of 

7 availability has expired; and 

8 (C) amounts designated by this Act as min9 imum funding requirements. 

10 (2) The authority in subsection (b) to deviate 

11 below amounts designated in the respective tables in12 cluded in the explanatory statement described in sec13 tion 4 (in the matter preceding division A of this con14 solidated Act) shall not apply to the table included 

15 under the heading ‘‘Global Health Programs’’ in such 

16 statement. 

17 (3) With respect to the amounts designated for 

18 ‘‘Global Programs’’ in the table under the heading 

19 ‘‘Economic Support Fund’’ included in the explana20 tory statement described in section 4 (in the matter 

21 preceding division A of this consolidated Act), sub22 section (b) shall be applied by substituting ‘‘5 per23 cent’’ for ‘‘10 percent’’. 

24 (e) REPORTS.—The Secretary of State, USAID Ad25 ministrator, and other designated officials, as appropriate, 
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•HR 1865 EAH 

1 shall submit the reports required, in the manner described, 

2 in House Report 116–78, Senate Report 116–126, and the 

3 explanatory statement described in section 4 (in the matter 

4 preceding division A of this consolidated Act), unless di5 rected otherwise in such explanatory statement. 

6 (f) CLARIFICATION.—Funds appropriated by this Act 

7 and the Department of State, Foreign Operations, and Re8 lated Programs Appropriations Act, 2019 (division F of 

9 Public Law 116–6) under the headings ‘‘International Dis10 aster Assistance’’ and ‘‘Migration and Refugee Assistance’’ 

11 shall not be included for purposes of meeting amounts des12 ignated for countries in this Act or the explanatory state13 ment described in section 4 (in the matter preceding divi14 sion A of this consolidated Act), or such prior Act or accom15 panying joint explanatory statement, unless such headings 

16 are specifically designated as the source of funds. 

17 MULTI-YEAR PLEDGES

18 SEC. 7020. None of the funds appropriated by this Act 

19 may be used to make any pledge for future year funding 

20 for any multilateral or bilateral program funded in titles 

21 III through VI of this Act unless such pledge meets the re22 quirements enumerated under this section in House Report 

23 116–78. 
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1 PROHIBITION ON ASSISTANCE TO GOVERNMENTS

2 SUPPORTING INTERNATIONAL TERRORISM

3 SEC. 7021. (a) LETHAL MILITARY EQUIPMENT EX4 PORTS.— 

5 (1) PROHIBITION.—None of the funds appro6 priated or otherwise made available under titles III 

7 through VI of this Act may be made available to any 

8 foreign government which provides lethal military 

9 equipment to a country the government of which the 

10 Secretary of State has determined supports inter11 national terrorism for purposes of section 1754(c) of 

12 the Export Reform Control Act of 2018 (50 U.S.C. 

13 4813(c)): Provided, That the prohibition under this 

14 section with respect to a foreign government shall ter15 minate 12 months after that government ceases to 

16 provide such military equipment: Provided further, 

17 That this section applies with respect to lethal mili18 tary equipment provided under a contract entered 

19 into after October 1, 1997. 

20 (2) DETERMINATION.—Assistance restricted by 

21 paragraph (1) or any other similar provision of law, 

22 may be furnished if the President determines that to 

23 do so is important to the national interest of the 

24 United States. 
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•HR 1865 EAH 

1 (3) REPORT.—Whenever the President makes a 

2 determination pursuant to paragraph (2), the Presi3 dent shall submit to the Committees on Appropria4 tions a report with respect to the furnishing of such 

5 assistance, including a detailed explanation of the as6 sistance to be provided, the estimated dollar amount 

7 of such assistance, and an explanation of how the as8 sistance furthers United States national interest. 

9 (b) BILATERAL ASSISTANCE.— 

10 (1) LIMITATIONS.—Funds appropriated for bi11 lateral assistance in titles III through VI of this Act 

12 and funds appropriated under any such title in prior 

13 Acts making appropriations for the Department of 

14 State, foreign operations, and related programs, shall 

15 not be made available to any foreign government 

16 which the President determines— 

17 (A) grants sanctuary from prosecution to 

18 any individual or group which has committed 

19 an act of international terrorism; 

20 (B) otherwise supports international ter21 rorism; or 

22 (C) is controlled by an organization des23 ignated as a terrorist organization under section 

24 219 of the Immigration and Nationality Act (8 

25 U.S.C. 1189). 
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1 (2) WAIVER.—The President may waive the ap2 plication of paragraph (1) to a government if the 

3 President determines that national security or hu4 manitarian reasons justify such waiver: Provided, 

5 That the President shall publish each such waiver in 

6 the Federal Register and, at least 15 days before the 

7 waiver takes effect, shall notify the Committees on Ap8 propriations of the waiver (including the justification 

9 for the waiver) in accordance with the regular notifi10 cation procedures of the Committees on Appropria11 tions. 

12 AUTHORIZATION REQUIREMENTS

13 SEC. 7022. Funds appropriated by this Act, except 

14 funds appropriated under the heading ‘‘Trade and Develop15 ment Agency’’, may be obligated and expended notwith16 standing section 10 of Public Law 91–672 (22 U.S.C. 

17 2412), section 15 of the State Department Basic Authorities 

18 Act of 1956 (22 U.S.C. 2680), section 313 of the Foreign 

19 Relations Authorization Act, Fiscal Years 1994 and 1995 

20 (22 U.S.C. 6212), and section 504(a)(1) of the National Se21 curity Act of 1947 (50 U.S.C. 3094(a)(1)). 

22 DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY

23 SEC. 7023. For the purpose of titles II through VI of 

24 this Act ‘‘program, project, and activity’’ shall be defined 

25 at the appropriations Act account level and shall include 
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1 all appropriations and authorizations Acts funding direc2 tives, ceilings, and limitations with the exception that for 

3 the ‘‘Economic Support Fund’’, ‘‘Assistance for Europe, 

4 Eurasia and Central Asia’’, and ‘‘Foreign Military Financ5 ing Program’’ accounts, ‘‘program, project, and activity’’ 

6 shall also be considered to include country, regional, and 

7 central program level funding within each such account, 

8 and for the development assistance accounts of the United 

9 States Agency for International Development, ‘‘program, 

10 project, and activity’’ shall also be considered to include 

11 central, country, regional, and program level funding, ei12 ther as— 

13 (1) justified to Congress; or 

14 (2) allocated by the Executive Branch in accord15 ance with the report required by section 653(a) of the 

16 Foreign Assistance Act of 1961 or as modified pursu17 ant to section 7019 of this Act. 

18 AUTHORITIES FOR THE PEACE CORPS, INTER-AMERICAN

19 FOUNDATION, AND UNITED STATES AFRICAN DEVELOP20 MENT FOUNDATION

21 SEC. 7024. Unless expressly provided to the contrary, 

22 provisions of this or any other Act, including provisions 

23 contained in prior Acts authorizing or making appropria24 tions for the Department of State, foreign operations, and 

25 related programs, shall not be construed to prohibit activi-
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•HR 1865 EAH 

1 ties authorized by or conducted under the Peace Corps Act, 

2 the Inter-American Foundation Act, or the African Devel3 opment Foundation Act: Provided, That prior to con4 ducting activities in a country for which assistance is pro5 hibited, the agency shall consult with the Committees on 

6 Appropriations and report to such Committees within 15 

7 days of taking such action. 

8 COMMERCE, TRADE AND SURPLUS COMMODITIES

9 SEC. 7025. (a) WORLD MARKETS.—None of the funds 

10 appropriated or made available pursuant to titles III 

11 through VI of this Act for direct assistance and none of the 

12 funds otherwise made available to the Export-Import Bank 

13 and the United States International Development Finance 

14 Corporation shall be obligated or expended to finance any 

15 loan, any assistance, or any other financial commitments 

16 for establishing or expanding production of any commodity 

17 for export by any country other than the United States, 

18 if the commodity is likely to be in surplus on world markets 

19 at the time the resulting productive capacity is expected to 

20 become operative and if the assistance will cause substantial 

21 injury to United States producers of the same, similar, or 

22 competing commodity: Provided, That such prohibition 

23 shall not apply to the Export-Import Bank if in the judg24 ment of its Board of Directors the benefits to industry and 

25 employment in the United States are likely to outweigh the 
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1 injury to United States producers of the same, similar, or 

2 competing commodity, and the Chairman of the Board so 

3 notifies the Committees on Appropriations: Provided fur4 ther, That this subsection shall not prohibit— 

5 (1) activities in a country that is eligible for as6 sistance from the International Development Associa7 tion, is not eligible for assistance from the Inter8 national Bank for Reconstruction and Development, 

9 and does not export on a consistent basis the agricul10 tural commodity with respect to which assistance is 

11 furnished; or 

12 (2) activities in a country the President deter13 mines is recovering from widespread conflict, a hu14 manitarian crisis, or a complex emergency. 

15 (b) EXPORTS.—None of the funds appropriated by this 

16 or any other Act to carry out chapter 1 of part I of the 

17 Foreign Assistance Act of 1961 shall be available for any 

18 testing or breeding feasibility study, variety improvement 

19 or introduction, consultancy, publication, conference, or 

20 training in connection with the growth or production in 

21 a foreign country of an agricultural commodity for export 

22 which would compete with a similar commodity grown or 

23 produced in the United States: Provided, That this sub24 section shall not prohibit— 
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1 (1) activities designed to increase food security 

2 in developing countries where such activities will not 

3 have a significant impact on the export of agricul4 tural commodities of the United States; 

5 (2) research activities intended primarily to ben6 efit United States producers; 

7 (3) activities in a country that is eligible for as8 sistance from the International Development Associa9 tion, is not eligible for assistance from the Inter10 national Bank for Reconstruction and Development, 

11 and does not export on a consistent basis the agricul12 tural commodity with respect to which assistance is 

13 furnished; or 

14 (4) activities in a country the President deter15 mines is recovering from widespread conflict, a hu16 manitarian crisis, or a complex emergency. 

17 (c) INTERNATIONAL FINANCIAL INSTITUTIONS.—The 

18 Secretary of the Treasury shall instruct the United States 

19 executive directors of the international financial institu20 tions to use the voice and vote of the United States to oppose 

21 any assistance by such institutions, using funds appro22 priated or made available by this Act, for the production 

23 or extraction of any commodity or mineral for export, if 

24 it is in surplus on world markets and if the assistance will 
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•HR 1865 EAH 

1 cause substantial injury to United States producers of the 

2 same, similar, or competing commodity. 

3 SEPARATE ACCOUNTS

4 SEC. 7026. (a) SEPARATE ACCOUNTS FOR LOCAL CUR5 RENCIES.— 

6 (1) AGREEMENTS.—If assistance is furnished to 

7 the government of a foreign country under chapters 1 

8 and 10 of part I or chapter 4 of part II of the For9 eign Assistance Act of 1961 under agreements which 

10 result in the generation of local currencies of that 

11 country, the Administrator of the United States Agen12 cy for International Development shall— 

13 (A) require that local currencies be depos14 ited in a separate account established by that 

15 government; 

16 (B) enter into an agreement with that gov17 ernment which sets forth— 

18 (i) the amount of the local currencies 

19 to be generated; and 

20 (ii) the terms and conditions under 

21 which the currencies so deposited may be 

22 utilized, consistent with this section; and 

23 (C) establish by agreement with that gov24 ernment the responsibilities of USAID and that 

25 government to monitor and account for deposits 
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1 into and disbursements from the separate ac2 count. 

3 (2) USES OF LOCAL CURRENCIES.—As may be 

4 agreed upon with the foreign government, local cur5 rencies deposited in a separate account pursuant to 

6 subsection (a), or an equivalent amount of local cur7 rencies, shall be used only— 

8 (A) to carry out chapter 1 or 10 of part I 

9 or chapter 4 of part II of the Foreign Assistance 

10 Act of 1961 (as the case may be), for such pur11 poses as— 

12 (i) project and sector assistance activi13 ties; or 

14 (ii) debt and deficit financing; or 

15 (B) for the administrative requirements of 

16 the United States Government. 

17 (3) PROGRAMMING ACCOUNTABILITY.—USAID 

18 shall take all necessary steps to ensure that the equiv19 alent of the local currencies disbursed pursuant to 

20 subsection (a)(2)(A) from the separate account estab21 lished pursuant to subsection (a)(1) are used for the 

22 purposes agreed upon pursuant to subsection (a)(2). 

23 (4) TERMINATION OF ASSISTANCE PROGRAMS.— 

24 Upon termination of assistance to a country under 

25 chapter 1 or 10 of part I or chapter 4 of part II of 
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1 the Foreign Assistance Act of 1961 (as the case may 

2 be), any unencumbered balances of funds which re3 main in a separate account established pursuant to 

4 subsection (a) shall be disposed of for such purposes 

5 as may be agreed to by the government of that coun6 try and the United States Government. 

7 (b) SEPARATE ACCOUNTS FOR CASH TRANSFERS.— 

8 (1) IN GENERAL.—If assistance is made avail9 able to the government of a foreign country, under 

10 chapter 1 or 10 of part I or chapter 4 of part II of 

11 the Foreign Assistance Act of 1961, as cash transfer 

12 assistance or as nonproject sector assistance, that 

13 country shall be required to maintain such funds in 

14 a separate account and not commingle with any other 

15 funds. 

16 (2) APPLICABILITY OF OTHER PROVISIONS OF

17 LAW.—Such funds may be obligated and expended 

18 notwithstanding provisions of law which are incon19 sistent with the nature of this assistance including 

20 provisions which are referenced in the Joint Explana21 tory Statement of the Committee of Conference accom22 panying House Joint Resolution 648 (House Report 

23 No. 98–1159). 

24 (3) NOTIFICATION.—At least 15 days prior to ob25 ligating any such cash transfer or nonproject sector 
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1 assistance, the President shall submit a notification 

2 through the regular notification procedures of the 

3 Committees on Appropriations, which shall include a 

4 detailed description of how the funds proposed to be 

5 made available will be used, with a discussion of the 

6 United States interests that will be served by such as7 sistance (including, as appropriate, a description of 

8 the economic policy reforms that will be promoted by 

9 such assistance). 

10 (4) EXEMPTION.—Nonproject sector assistance 

11 funds may be exempt from the requirements of para12 graph (1) only through the regular notification proce13 dures of the Committees on Appropriations. 

14 ELIGIBILITY FOR ASSISTANCE

15 SEC. 7027. (a) ASSISTANCE THROUGH NONGOVERN16 MENTAL ORGANIZATIONS.—Restrictions contained in this 

17 or any other Act with respect to assistance for a country 

18 shall not be construed to restrict assistance in support of 

19 programs of nongovernmental organizations from funds ap20 propriated by this Act to carry out the provisions of chap21 ters 1, 10, 11, and 12 of part I and chapter 4 of part II 

22 of the Foreign Assistance Act of 1961 and from funds ap23 propriated under the heading ‘‘Assistance for Europe, Eur24 asia and Central Asia’’: Provided, That before using the au25 thority of this subsection to furnish assistance in support 
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•HR 1865 EAH 

1 of programs of nongovernmental organizations, the Presi2 dent shall notify the Committees on Appropriations pursu3 ant to the regular notification procedures, including a de4 scription of the program to be assisted, the assistance to 

5 be provided, and the reasons for furnishing such assistance: 

6 Provided further, That nothing in this subsection shall be 

7 construed to alter any existing statutory prohibitions 

8 against abortion or involuntary sterilizations contained in 

9 this or any other Act. 

10 (b) PUBLIC LAW 480.—During fiscal year 2020, re11 strictions contained in this or any other Act with respect 

12 to assistance for a country shall not be construed to restrict 

13 assistance under the Food for Peace Act (Public Law 83– 

14 480; 7 U.S.C. 1721 et seq.): Provided, That none of the 

15 funds appropriated to carry out title I of such Act and 

16 made available pursuant to this subsection may be obligated 

17 or expended except as provided through the regular notifica18 tion procedures of the Committees on Appropriations. 

19 (c) EXCEPTION.—This section shall not apply— 

20 (1) with respect to section 620A of the Foreign 

21 Assistance Act of 1961 or any comparable provision 

22 of law prohibiting assistance to countries that support 

23 international terrorism; or 

24 (2) with respect to section 116 of the Foreign As25 sistance Act of 1961 or any comparable provision of 
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1 law prohibiting assistance to the government of a 

2 country that violates internationally recognized 

3 human rights. 

4 LOCAL COMPETITION

5 SEC. 7028. (a) REQUIREMENTS FOR EXCEPTIONS TO

6 COMPETITION FOR LOCAL ENTITIES.—Funds appropriated 

7 by this Act that are made available to the United States 

8 Agency for International Development may only be made 

9 available for limited competitions through local entities if— 

10 (1) prior to the determination to limit competi11 tion to local entities, USAID has— 

12 (A) assessed the level of local capacity to ef13 fectively implement, manage, and account for 

14 programs included in such competition; and 

15 (B) documented the written results of the 

16 assessment and decisions made; and 

17 (2) prior to making an award after limiting 

18 competition to local entities— 

19 (A) each successful local entity has been de20 termined to be responsible in accordance with 

21 USAID guidelines; and 

22 (B) effective monitoring and evaluation sys23 tems are in place to ensure that award funding 

24 is used for its intended purposes; and 

25 (3) no level of acceptable fraud is assumed. 
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1 (b) EXTENSION OF PROCUREMENT AUTHORITY.—Sec2 tion 7077 of the Department of State, Foreign Operations, 

3 and Related Programs Appropriations Act, 2012 (division 

4 I of Public Law 112–74) shall continue in effect during fis5 cal year 2020. 

6 INTERNATIONAL FINANCIAL INSTITUTIONS

7 SEC. 7029. (a) EVALUATIONS AND REPORT.—The Sec8 retary of the Treasury shall instruct the United States exec9 utive director of each international financial institution to 

10 use the voice of the United States to encourage such institu11 tion to adopt and implement a publicly available policy, 

12 including the strategic use of peer reviews and external ex13 perts, to conduct independent, in-depth evaluations of the 

14 effectiveness of at least 25 percent of all loans, grants, pro15 grams, and significant analytical non-lending activities in 

16 advancing the institution’s goals of reducing poverty and 

17 promoting equitable economic growth, consistent with rel18 evant safeguards, to ensure that decisions to support such 

19 loans, grants, programs, and activities are based on accu20 rate data and objective analysis: Provided, That not later 

21 than 45 days after enactment of this Act, the Secretary shall 

22 submit a report to the Committees on Appropriations on 

23 steps taken in fiscal year 2019 by the United States execu24 tive directors and the international financial institutions 
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•HR 1865 EAH 

1 consistent with this subsection compared to the previous fis2 cal year. 

3 (b) SAFEGUARDS.— 

4 (1) STANDARD.—The Secretary of the Treasury 

5 shall instruct the United States Executive Director of 

6 the International Bank for Reconstruction and Devel7 opment and the International Development Associa8 tion to use the voice and vote of the United States to 

9 oppose any loan, grant, policy, or strategy if such in10 stitution has adopted and is implementing any social 

11 or environmental safeguard relevant to such loan, 

12 grant, policy, or strategy that provides less protection 

13 than World Bank safeguards in effect on September 

14 30, 2015. 

15 (2) ACCOUNTABILITY, STANDARDS, AND BEST

16 PRACTICES.—The Secretary of the Treasury shall in17 struct the United States executive director of each 

18 international financial institution to use the voice 

19 and vote of the United States to oppose loans or other 

20 financing for projects unless such projects— 

21 (A) provide for accountability and trans22 parency, including the collection, verification, 

23 and publication of beneficial ownership informa24 tion related to extractive industries and on-site 

25 monitoring during the life of the project; 
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•HR 1865 EAH 

1 (B) will be developed and carried out in ac2 cordance with best practices regarding environ3 mental conservation, cultural protection, and 

4 empowerment of local populations, including 

5 free, prior and informed consent of affected in6 digenous communities; 

7 (C) do not provide incentives for, or facili8 tate, forced displacement; and 

9 (D) do not partner with or otherwise in10 volve enterprises owned or controlled by the 

11 armed forces. 

12 (c) COMPENSATION.—None of the funds appropriated 

13 under title V of this Act may be made as payment to any 

14 international financial institution while the United States 

15 executive director to such institution is compensated by the 

16 institution at a rate which, together with whatever com17 pensation such executive director receives from the United 

18 States, is in excess of the rate provided for an individual 

19 occupying a position at level IV of the Executive Schedule 

20 under section 5315 of title 5, United States Code, or while 

21 any alternate United States executive director to such insti22 tution is compensated by the institution at a rate in excess 

23 of the rate provided for an individual occupying a position 

24 at level V of the Executive Schedule under section 5316 of 

25 title 5, United States Code. 
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•HR 1865 EAH 

1 (d) HUMAN RIGHTS.—The Secretary of the Treasury 

2 shall instruct the United States executive director of each 

3 international financial institution to use the voice and vote 

4 of the United States to promote human rights due diligence 

5 and risk management, as appropriate, in connection with 

6 any loan, grant, policy, or strategy of such institution in 

7 accordance with the requirements specified under this sub8 section in Senate Report 116–126: Provided, That prior to 

9 voting on any such loan, grant, policy, or strategy the exec10 utive director shall consult with the Assistant Secretary for 

11 Democracy, Human Rights, and Labor, Department of 

12 State, if the executive director has reason to believe that 

13 such loan, grant, policy, or strategy could result in forced 

14 displacement or other violation of human rights. 

15 (e) FRAUD AND CORRUPTION.—The Secretary of the 

16 Treasury shall instruct the United States executive director 

17 of each international financial institution to use the voice 

18 of the United States to include in loan, grant, and other 

19 financing agreements improvements in borrowing countries’ 

20 financial management and judicial capacity to investigate, 

21 prosecute, and punish fraud and corruption. 

22 (f) BENEFICIAL OWNERSHIP INFORMATION.—The Sec23 retary of the Treasury shall instruct the United States exec24 utive director of each international financial institution to 

25 use the voice of the United States to encourage such institu-
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•HR 1865 EAH 

1 tion to collect, verify, and publish, to the maximum extent 

2 practicable, beneficial ownership information (excluding 

3 proprietary information) for any corporation or limited li4 ability company, other than a publicly listed company, that 

5 receives funds from any such financial institution: Pro6 vided, That not later than 45 days after enactment of this 

7 Act, the Secretary shall submit a report to the Committees 

8 on Appropriations on steps taken in fiscal year 2019 by 

9 the United States executive directors and the international 

10 financial institutions consistent with this subsection com11 pared to the previous fiscal year. 

12 (g) WHISTLEBLOWER PROTECTIONS.—The Secretary 

13 of the Treasury shall instruct the United States executive 

14 director of each international financial institution to use 

15 the voice of the United States to encourage each such insti16 tution to effectively implement and enforce policies and pro17 cedures which meet or exceed best practices in the United 

18 States for the protection of whistleblowers from retaliation, 

19 including— 

20 (1) protection against retaliation for internal 

21 and lawful public disclosure; 

22 (2) legal burdens of proof; 

23 (3) statutes of limitation for reporting retalia24 tion; 
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•HR 1865 EAH 

1 (4) access to binding independent adjudicative 

2 bodies, including shared cost and selection external 

3 arbitration; and 

4 (5) results that eliminate the effects of proven re5 taliation, including provision for the restoration of 

6 prior employment. 

7 INSECURE COMMUNICATIONS NETWORKS

8 SEC. 7030. Funds appropriated by this Act shall be 

9 made available for programs to— 

10 (1) advance the adoption of secure, next-genera11 tion communications networks and services, including 

12 5G, and cybersecurity policies, in countries receiving 

13 assistance under this Act and prior Acts making ap14 propriations for the Department of State, foreign op15 erations, and related programs; 

16 (2) counter the establishment of insecure commu17 nications networks and services, including 5G, pro18 moted by the People’s Republic of China and other 

19 state-backed enterprises that are subject to undue or 

20 extrajudicial control by their country of origin; and 

21 (3) provide policy and technical training to in22 formation communication technology professionals in 

23 countries receiving assistance under this Act, as ap24 propriate. 
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•HR 1865 EAH 

1 FINANCIAL MANAGEMENT AND BUDGET TRANSPARENCY

2 SEC. 7031. (a) LIMITATION ON DIRECT GOVERNMENT3 TO-GOVERNMENT ASSISTANCE.— 

4 (1) REQUIREMENTS.—Funds appropriated by 

5 this Act may be made available for direct govern6 ment-to-government assistance only if the require7 ments included in section 7031(a)(1)(A) through (E) 

8 of the Department of State, Foreign Operations, and 

9 Related Programs Appropriations Act, 2019 (division 

10 F of Public Law 116–6) are fully met. 

11 (2) CONSULTATION AND NOTIFICATION.—In ad12 dition to the requirements in paragraph (1), funds 

13 may only be made available for direct government-to14 government assistance subject to prior consultation 

15 with, and the regular notification procedures of, the 

16 Committees on Appropriations: Provided, That such 

17 notification shall contain an explanation of how the 

18 proposed activity meets the requirements of para19 graph (1): Provided further, That the requirements of 

20 this paragraph shall only apply to direct government21 to-government assistance in excess of $10,000,000 and 

22 all funds available for cash transfer, budget support, 

23 and cash payments to individuals. 

24 (3) SUSPENSION OF ASSISTANCE.—The Adminis25 trator of the United States Agency for International 
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•HR 1865 EAH 

1 Development or the Secretary of State, as appro2 priate, shall suspend any direct government-to-gov3 ernment assistance if the Administrator or the Sec4 retary has credible information of material misuse of 

5 such assistance, unless the Administrator or the Sec6 retary reports to the Committees on Appropriations 

7 that it is in the national interest of the United States 

8 to continue such assistance, including a justification, 

9 or that such misuse has been appropriately addressed. 

10 (4) SUBMISSION OF INFORMATION.—The Sec11 retary of State shall submit to the Committees on Ap12 propriations, concurrent with the fiscal year 2021 

13 congressional budget justification materials, amounts 

14 planned for assistance described in paragraph (1) by 

15 country, proposed funding amount, source of funds, 

16 and type of assistance. 

17 (5) DEBT SERVICE PAYMENT PROHIBITION.— 

18 None of the funds made available by this Act may be 

19 used by the government of any foreign country for 

20 debt service payments owed by any country to any 

21 international financial institution. 

22 (b) NATIONAL BUDGET AND CONTRACT TRANS23 PARENCY.— 

24 (1) MINIMUM REQUIREMENTS OF FISCAL TRANS25 PARENCY.—The Secretary of State shall continue to 
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•HR 1865 EAH 

1 update and strengthen the ‘‘minimum requirements of 

2 fiscal transparency’’ for each government receiving 

3 assistance appropriated by this Act, as identified in 

4 the report required by section 7031(b) of the Depart5 ment of State, Foreign Operations, and Related Pro6 grams Appropriations Act, 2014 (division K of Public 

7 Law 113–76). 

8 (2) DETERMINATION AND REPORT.—For each 

9 government identified pursuant to paragraph (1), the 

10 Secretary of State, not later than 180 days after en11 actment of this Act, shall make or update any deter12 mination of ‘‘significant progress’’ or ‘‘no significant 

13 progress’’ in meeting the minimum requirements of 

14 fiscal transparency, and make such determinations 

15 publicly available in an annual ‘‘Fiscal Trans16 parency Report’’ to be posted on the Department of 

17 State website: Provided, That such report shall in18 clude the elements included in the explanatory state19 ment described in section 4 (in the matter preceding 

20 division A of this consolidated Act). 

21 (3) ASSISTANCE.—Not less than $5,000,000 of 

22 the funds appropriated by this Act under the heading 

23 ‘‘Economic Support Fund’’ shall be made available 

24 for programs and activities to assist governments 

25 identified pursuant to paragraph (1) to improve 
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•HR 1865 EAH 

1 budget transparency and to support civil society or2 ganizations in such countries that promote budget 

3 transparency: Provided, That such sums shall be in 

4 addition to funds otherwise available for such pur5 poses: Provided further, That a description of the uses 

6 of such funds shall be included in the annual ‘‘Fiscal 

7 Transparency Report’’ required by paragraph (2). 

8 (c) ANTI-KLEPTOCRACY AND HUMAN RIGHTS.— 

9 (1) INELIGIBILITY.—(A) Officials of foreign gov10 ernments and their immediate family members about 

11 whom the Secretary of State has credible information 

12 have been involved, directly or indirectly, in signifi13 cant corruption, including corruption related to the 

14 extraction of natural resources, or a gross violation of 

15 human rights shall be ineligible for entry into the 

16 United States. 

17 (B) The Secretary shall also publicly or pri18 vately designate or identify the officials of foreign 

19 governments and their immediate family members 

20 about whom the Secretary has such credible informa21 tion without regard to whether the individual has ap22 plied for a visa. 

23 (2) EXCEPTION.—Individuals shall not be ineli24 gible for entry into the United States pursuant to 

25 paragraph (1) if such entry would further important 
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•HR 1865 EAH 

1 United States law enforcement objectives or is nec2 essary to permit the United States to fulfill its obliga3 tions under the United Nations Headquarters Agree4 ment: Provided, That nothing in paragraph (1) shall 

5 be construed to derogate from United States Govern6 ment obligations under applicable international 

7 agreements. 

8 (3) WAIVER.—The Secretary may waive the ap9 plication of paragraph (1) if the Secretary determines 

10 that the waiver would serve a compelling national in11 terest or that the circumstances which caused the in12 dividual to be ineligible have changed sufficiently. 

13 (4) REPORT.—Not later than 30 days after en14 actment of this Act, and every 90 days thereafter, the 

15 Secretary of State shall submit a report, including a 

16 classified annex if necessary, to the appropriate con17 gressional committees and the Committees on the Ju18 diciary describing the information related to corrup19 tion or violation of human rights concerning each of 

20 the individuals found ineligible in the previous 12 

21 months pursuant to paragraph (1)(A) as well as the 

22 individuals who the Secretary designated or identified 

23 pursuant to paragraph (1)(B), or who would be ineli24 gible but for the application of paragraph (2), a list 
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•HR 1865 EAH 

1 of any waivers provided under paragraph (3), and 

2 the justification for each waiver. 

3 (5) POSTING OF REPORT.—Any unclassified por4 tion of the report required under paragraph (4) shall 

5 be posted on the Department of State website. 

6 (6) CLARIFICATION.—For purposes of para7 graphs (1), (4), and (5), the records of the Depart8 ment of State and of diplomatic and consular offices 

9 of the United States pertaining to the issuance or re10 fusal of visas or permits to enter the United States 

11 shall not be considered confidential. 

12 (d) EXTRACTION OF NATURAL RESOURCES.— 

13 (1) ASSISTANCE.—Funds appropriated by this 

14 Act shall be made available to promote and support 

15 transparency and accountability of expenditures and 

16 revenues related to the extraction of natural resources, 

17 including by strengthening implementation and mon18 itoring of the Extractive Industries Transparency 

19 Initiative, implementing and enforcing section 8204 

20 of the Food, Conservation, and Energy Act of 2008 

21 (Public Law 110–246; 122 Stat. 2052) and the 

22 amendments made by such section, and to prevent the 

23 sale of conflict diamonds, and provide technical as24 sistance to promote independent audit mechanisms 
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•HR 1865 EAH 

1 and support civil society participation in natural re2 source management. 

3 (2) PUBLIC DISCLOSURE AND INDEPENDENT AU4 DITS.—(A) The Secretary of the Treasury shall in5 struct the executive director of each international fi6 nancial institution that it is the policy of the United 

7 States to use the voice and vote of the United States 

8 to oppose any assistance by such institutions (includ9 ing any loan, credit, grant, or guarantee) to any 

10 country for the extraction and export of a natural re11 source if the government of such country has in place 

12 laws, regulations, or procedures to prevent or limit 

13 the public disclosure of company payments as re14 quired by United States law, and unless such govern15 ment has adopted laws, regulations, or procedures in 

16 the sector in which assistance is being considered to 

17 meet the standards included under this section in the 

18 explanatory statement described in section 4 (in the 

19 matter preceding division A of this consolidated Act). 

20 (B) The requirements of subparagraph (A) shall 

21 not apply to assistance for the purpose of building the 

22 capacity of such government to meet the requirements 

23 of this subparagraph. 

24 (e) FOREIGN ASSISTANCE WEBSITE.—Funds appro25 priated by this Act under titles I and II, and funds made 
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1 available for any independent agency in title III, as appro2 priate, shall be made available to support the provision of 

3 additional information on United States Government for4 eign assistance on the Department of State foreign assist5 ance website: Provided, That all Federal agencies funded 

6 under this Act shall provide such information on foreign 

7 assistance, upon request and in a timely manner, to the 

8 Department of State: Provided further, That not later than 

9 60 days after enactment of this Act, the Secretary of State 

10 and USAID Administrator shall report to the Committees 

11 on Appropriations on the process and timeline required to 

12 consolidate data from USAID’s ‘‘Foreign Aid Explorer’’ 

13 and ‘‘ForeignAssistance.gov’’, in accordance with the re14 quirements specified in the explanatory statement described 

15 in section 4 (in the matter preceding division A of this con16 solidated Act). 

17 DEMOCRACY PROGRAMS

18 SEC. 7032. (a) FUNDING.— 

19 (1) IN GENERAL.—Of the funds appropriated by 

20 this Act under the headings ‘‘Development Assist21 ance’’, ‘‘Economic Support Fund’’, ‘‘Democracy 

22 Fund’’, ‘‘Assistance for Europe, Eurasia and Central 

23 Asia’’, and ‘‘International Narcotics Control and Law 

24 Enforcement’’, not less than $2,400,000,000 shall be 

25 made available for democracy programs. 
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1 (2) PROGRAMS.—Of the funds made available for 

2 democracy programs under the headings ‘‘Economic 

3 Support Fund’’ and ‘‘Assistance for Europe, Eurasia 

4 and Central Asia’’ pursuant to paragraph (1), not 

5 less than $102,040,000 shall be made available to the 

6 Bureau of Democracy, Human Rights, and Labor, 

7 Department of State, at not less than the amounts 

8 specified for certain countries and regional programs 

9 designated in the table under this section in the ex10 planatory statement described in section 4 (in the 

11 matter preceding division A of this consolidated Act). 

12 (b) AUTHORITIES.— 

13 (1) AVAILABILITY.—Funds made available by 

14 this Act for democracy programs pursuant to sub15 section (a) and under the heading ‘‘National Endow16 ment for Democracy’’ may be made available notwith17 standing any other provision of law, and with regard 

18 to the National Endowment for Democracy (NED), 

19 any regulation. 

20 (2) BENEFICIARIES.—Funds made available by 

21 this Act for the NED are made available pursuant to 

22 the authority of the National Endowment for Democ23 racy Act (title V of Public Law 98–164), including 

24 all decisions regarding the selection of beneficiaries. 
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•HR 1865 EAH 

1 (c) DEFINITION OF DEMOCRACY PROGRAMS.—For 

2 purposes of funds appropriated by this Act, the term ‘‘de3 mocracy programs’’ means programs that support good gov4 ernance, credible and competitive elections, freedom of ex5 pression, association, assembly, and religion, human rights, 

6 labor rights, independent media, and the rule of law, and 

7 that otherwise strengthen the capacity of democratic polit8 ical parties, governments, nongovernmental organizations 

9 and institutions, and citizens to support the development 

10 of democratic states and institutions that are responsive 

11 and accountable to citizens. 

12 (d) PROGRAM PRIORITIZATION.—Funds made avail13 able pursuant to this section that are made available for 

14 programs to strengthen government institutions shall be 

15 prioritized for those institutions that demonstrate a com16 mitment to democracy and the rule of law. 

17 (e) RESTRICTION ON PRIOR APPROVAL.—With respect 

18 to the provision of assistance for democracy programs in 

19 this Act, the organizations implementing such assistance, 

20 the specific nature of that assistance, and the participants 

21 in such programs shall not be subject to the prior approval 

22 by the government of any foreign country: Provided, That 

23 the Secretary of State, in coordination with the Adminis24 trator of the United States Agency for International Devel25 opment, shall report to the Committees on Appropriations, 
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1 not later than 120 days after enactment of this Act, detail2 ing steps taken by the Department of State and USAID 

3 to comply with the requirements of this subsection. 

4 (f) CONTINUATION OF CURRENT PRACTICES.—The 

5 United States Agency for International Development shall 

6 continue to implement civil society and political competi7 tion and consensus building programs abroad with funds 

8 appropriated by this Act in a manner that recognizes the 

9 unique benefits of grants and cooperative agreements in im10 plementing such programs. 

11 (g) INFORMING THE NATIONAL ENDOWMENT FOR DE12 MOCRACY.—The Assistant Secretary for Democracy, 

13 Human Rights, and Labor, Department of State, and the 

14 Assistant Administrator for Democracy, Conflict, and Hu15 manitarian Assistance, USAID, shall regularly inform the 

16 National Endowment for Democracy of democracy pro17 grams that are planned and supported by funds made 

18 available by this Act and prior Acts making appropriations 

19 for the Department of State, foreign operations, and related 

20 programs. 

21 (h) PROTECTION OF CIVIL SOCIETY ACTIVISTS AND

22 JOURNALISTS.—Of the funds appropriated by this Act 

23 under the headings ‘‘Economic Support Fund’’ and ‘‘De24 mocracy Fund’’, not less than $20,000,000 shall be made 

25 available to support and protect civil society activists and 
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•HR 1865 EAH 

1 journalists who have been threatened, harassed, or attacked, 

2 including journalists affiliated with the United States 

3 Agency for Global Media, consistent with the action plan 

4 submitted pursuant to, and on the same terms and condi5 tions of, section 7032(i) of the Department of State, Foreign 

6 Operations, and Related Programs Appropriations Act, 

7 2018 (division K of Public Law 115–141). 

8 (i) INTERNATIONAL FREEDOM OF EXPRESSION.— 

9 (1) OPERATIONS.—Funds appropriated by this 

10 Act under the heading ‘‘Diplomatic Programs’’ shall 

11 be made available for the Bureau of Democracy, 

12 Human Rights, and Labor, Department of State, for 

13 the costs of administering programs designed to pro14 mote and defend freedom of expression and the inde15 pendence of the media in countries where such free16 dom and independence are restricted or denied. 

17 (2) ASSISTANCE.—Of the funds appropriated by 

18 this Act under the heading ‘‘Economic Support 

19 Fund’’, not less than $10,000,000 shall be made avail20 able for programs that promote and defend freedom of 

21 expression and the independence of the media abroad: 

22 Provided, That such funds are in addition to funds 

23 otherwise made available by this Act for such pur24 poses, and are intended to complement emergency and 

25 safety programs for civil society, including journalists 
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1 and media outlets at risk: Provided further, That such 

2 funds shall be subject to prior consultation with, and 

3 the regular notification procedures of, the Committees 

4 on Appropriations. 

5 INTERNATIONAL RELIGIOUS FREEDOM

6 SEC. 7033. (a) INTERNATIONAL RELIGIOUS FREEDOM

7 OFFICE.—Funds appropriated by this Act under the head8 ing ‘‘Diplomatic Programs’’ shall be made available for the 

9 Office of International Religious Freedom, Department of 

10 State, including for support staff at not less than the 

11 amounts specified for such office in the table under such 

12 heading in the explanatory statement described in section 

13 4 (in the matter preceding division A of this consolidated 

14 Act). 

15 (b) ASSISTANCE.—Funds appropriated by this Act 

16 under the headings ‘‘Democracy Fund’’, ‘‘Economic Sup17 port Fund’’, and ‘‘International Broadcasting Operations’’ 

18 shall be made available for international religious freedom 

19 programs and funds appropriated by this Act under the 

20 headings ‘‘International Disaster Assistance’’ and ‘‘Migra21 tion and Refugee Assistance’’ shall be made available for 

22 humanitarian assistance for vulnerable and persecuted reli23 gious minorities: Provided, That funds made available by 

24 this Act under the headings ‘‘Economic Support Fund’’ and 

25 ‘‘Democracy Fund’’ pursuant to this section shall be the re-
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1 sponsibility of the Ambassador-at-Large for International 

2 Religious Freedom, in consultation with other relevant 

3 United States Government officials, and shall be subject to 

4 prior consultation with the Committees on Appropriations. 

5 (c) AUTHORITY.—Funds appropriated by this Act and 

6 prior Acts making appropriations for the Department of 

7 State, foreign operations, and related programs under the 

8 heading ‘‘Economic Support Fund’’ may be made available 

9 notwithstanding any other provision of law for assistance 

10 for ethnic and religious minorities in Iraq and Syria. 

11 (d) DESIGNATION OF NON-STATE ACTORS.—Section 

12 7033(e) of the Department of State, Foreign Operations, 

13 and Related Programs Appropriations Act, 2017 (division 

14 J of Public 115–31) shall continue in effect during fiscal 

15 year 2020. 

16 SPECIAL PROVISIONS

17 SEC. 7034. (a) VICTIMS OF WAR, DISPLACED CHIL18 DREN, AND DISPLACED BURMESE.—Funds appropriated in 

19 titles III and VI of this Act that are made available for 

20 victims of war, displaced children, displaced Burmese, and 

21 to combat trafficking in persons and assist victims of such 

22 trafficking, may be made available notwithstanding any 

23 other provision of law. 

24 (b) FORENSIC ASSISTANCE.— 
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1 (1) Of the funds appropriated by this Act under 

2 the heading ‘‘Economic Support Fund’’, not less than 

3 $12,500,000 shall be made available for forensic an4 thropology assistance related to the exhumation and 

5 identification of victims of war crimes, crimes 

6 against humanity, and genocide, which shall be ad7 ministered by the Assistant Secretary for Democracy, 

8 Human Rights, and Labor, Department of State: 

9 Provided, That such funds shall be in addition to 

10 funds made available by this Act and prior Acts mak11 ing appropriations for the Department of State, for12 eign operations, and related programs for assistance 

13 for countries. 

14 (2) Of the funds appropriated by this Act under 

15 the heading ‘‘International Narcotics Control and 

16 Law Enforcement’’, not less than $8,000,000 shall be 

17 made available for DNA forensic technology programs 

18 to combat human trafficking in Central America and 

19 Mexico. 

20 (c) ATROCITIES PREVENTION.—Of the funds appro21 priated by this Act under the headings ‘‘Economic Support 

22 Fund’’ and ‘‘International Narcotics Control and Law En23 forcement’’, not less than $5,000,000 shall be made available 

24 for programs to prevent atrocities, including to implement 

25 recommendations of the Atrocities Prevention Board: Pro-
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1 vided, That funds made available pursuant to this sub2 section are in addition to amounts otherwise made avail3 able for such purposes: Provided further, That such funds 

4 shall be subject to the regular notification procedures of the 

5 Committees on Appropriations. 

6 (d) WORLD FOOD PROGRAMME.—Funds managed by 

7 the Bureau for Democracy, Conflict, and Humanitarian 

8 Assistance, United States Agency for International Develop9 ment, from this or any other Act, may be made available 

10 as a general contribution to the World Food Programme, 

11 notwithstanding any other provision of law. 

12 (e) DIRECTIVES AND AUTHORITIES.— 

13 (1) RESEARCH AND TRAINING.—Funds appro14 priated by this Act under the heading ‘‘Assistance for 

15 Europe, Eurasia and Central Asia’’ shall be made 

16 available to carry out the Program for Research and 

17 Training on Eastern Europe and the Independent 

18 States of the Former Soviet Union as authorized by 

19 the Soviet-Eastern European Research and Training 

20 Act of 1983 (22 U.S.C. 4501 et seq.). 

21 (2) GENOCIDE VICTIMS MEMORIAL SITES.— 

22 Funds appropriated by this Act and prior Acts mak23 ing appropriations for the Department of State, for24 eign operations, and related programs under the 

25 headings ‘‘Economic Support Fund’’ and ‘‘Assistance 
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1 for Europe, Eurasia and Central Asia’’ may be made 

2 available as contributions to establish and maintain 

3 memorial sites of genocide, subject to the regular noti4 fication procedures of the Committees on Appropria5 tions. 

6 (3) PRIVATE SECTOR PARTNERSHIPS.—Of the 

7 funds appropriated by this Act under the headings 

8 ‘‘Development Assistance’’ and ‘‘Economic Support 

9 Fund’’ that are made available for private sector 

10 partnerships, up to $50,000,000 may remain avail11 able until September 30, 2022: Provided, That funds 

12 made available pursuant to this paragraph may only 

13 be made available following prior consultation with 

14 the appropriate congressional committees, and the 

15 regular notification procedures of the Committees on 

16 Appropriations. 

17 (4) ADDITIONAL AUTHORITIES.—Of the amounts 

18 made available by title I of this Act under the head19 ing ‘‘Diplomatic Programs’’, up to $500,000 may be 

20 made available for grants pursuant to section 504 of 

21 the Foreign Relations Authorization Act, Fiscal Year 

22 1979 (22 U.S.C. 2656d), including to facilitate col23 laboration with indigenous communities, and up to 

24 $1,000,000 may be made available for grants to carry 
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1 out the activities of the Cultural Antiquities Task 

2 Force. 

3 (5) INNOVATION.—The USAID Administrator 

4 may use funds appropriated by this Act under title 

5 III to make innovation incentive awards in accord6 ance with the terms and conditions of section 

7 7034(e)(4) of the Department of State, Foreign Oper8 ations, and Related Programs Appropriations Act, 

9 2019 (division F of Public Law 116–6): Provided, 

10 That each individual award may not exceed 

11 $100,000: Provided further, That no more than 15 

12 such awards may be made during fiscal year 2020. 

13 (6) EXCHANGE VISITOR PROGRAM.—None of the 

14 funds made available by this Act may be used to mod15 ify the Exchange Visitor Program administered by 

16 the Department of State to implement the Mutual 

17 Educational and Cultural Exchange Act of 1961 

18 (Public Law 87–256; 22 U.S.C. 2451 et seq.), except 

19 through the formal rulemaking process pursuant to 

20 the Administrative Procedure Act (5 U.S.C. 551 et 

21 seq.) and notwithstanding the exceptions to such rule22 making process in such Act: Provided, That funds 

23 made available for such purpose shall only be made 

24 available after consultation with, and subject to the 

25 regular notification procedures of, the Committees on 
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1 Appropriations, regarding how any proposed modi2 fication would affect the public diplomacy goals of, 

3 and the estimated economic impact on, the United 

4 States: Provided further, That such consultation shall 

5 take place not later than 30 days prior to the publica6 tion in the Federal Register of any regulatory action 

7 modifying the Exchange Visitor Program. 

8 (f) PARTNER VETTING.—Prior to initiating a partner 

9 vetting program, or making significant changes to the scope 

10 of an existing partner vetting program, the Secretary of 

11 State and USAID Administrator, as appropriate, shall con12 sult with the Committees on Appropriations: Provided, 

13 That the Secretary and the Administrator shall provide a 

14 direct vetting option for prime awardees in any partner 

15 vetting program initiated or significantly modified after 

16 the date of enactment of this Act, unless the Secretary of 

17 State or USAID Administrator, as applicable, informs the 

18 Committees on Appropriations on a case-by-case basis that 

19 a direct vetting option is not feasible for such program. 

20 (g) CONTINGENCIES.—During fiscal year 2020, the 

21 President may use up to $125,000,000 under the authority 

22 of section 451 of the Foreign Assistance Act of 1961, not23 withstanding any other provision of law. 

24 (h) INTERNATIONAL CHILD ABDUCTIONS.—The Sec25 retary of State should withhold funds appropriated under 
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1 title III of this Act for assistance for the central government 

2 of any country that is not taking appropriate steps to com3 ply with the Convention on the Civil Aspects of Inter4 national Child Abductions, done at the Hague on October 

5 25, 1980: Provided, That the Secretary shall report to the 

6 Committees on Appropriations within 15 days of with7 holding funds under this subsection. 

8 (i) TRANSFER OF FUNDS FOR EXTRAORDINARY PRO9 TECTION.—The Secretary of State may transfer to, and 

10 merge with, funds under the heading ‘‘Protection of Foreign 

11 Missions and Officials’’ unobligated balances of expired 

12 funds appropriated under the heading ‘‘Diplomatic Pro13 grams’’ for fiscal year 2020, except for funds designated for 

14 Overseas Contingency Operations/Global War on Terrorism 

15 pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget 

16 and Emergency Deficit Control Act of 1985, at no later 

17 than the end of the fifth fiscal year after the last fiscal year 

18 for which such funds are available for the purposes for 

19 which appropriated: Provided, That not more than 

20 $50,000,000 may be transferred. 

21 (j) AUTHORITY.—Funds made available by this Act 

22 under the heading ‘‘Economic Support Fund’’ to counter 

23 extremism may be made available notwithstanding any 

24 other provision of law restricting assistance to foreign coun25 tries, except sections 502B, 620A, and 620M of the Foreign 
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1 Assistance Act of 1961: Provided, That the use of the author2 ity of this subsection shall be subject to prior consultation 

3 with the appropriate congressional committees and the reg4 ular notification procedures of the Committees on Appro5 priations. 

6 (k) PROTECTIONS AND REMEDIES FOR EMPLOYEES OF

7 DIPLOMATIC MISSIONS AND INTERNATIONAL ORGANIZA8 TIONS.—The Secretary of State shall implement section 

9 203(a)(2) of the William Wilberforce Trafficking Victims 

10 Protection Reauthorization Act of 2008 (Public Law 110– 

11 457): Provided, That in addition to suspension on the basis 

12 of an unpaid default or final civil judgment directly or in13 directly related to human trafficking against the employer 

14 or a family member assigned to an embassy, suspension on 

15 this basis should also apply to an employer or family mem16 ber assigned to any diplomatic mission, or any inter17 national organization: Provided further, That the Secretary 

18 of State should assist in obtaining payment of final court 

19 judgments awarded to A–3 and G–5 visa holders, including 

20 encouraging the sending states to provide compensation di21 rectly to victims: Provided further, That the Secretary shall 

22 include in the Trafficking in Persons annual report a con23 cise summary of each trafficking case involving an A–3 or 

24 G–5 visa holder that meets one or more of the following 

25 criteria: (1) a final court judgment (including a default 
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1 judgment) issued against a current or former employee of 

2 such diplomatic mission or international organization; (2) 

3 the issuance of a T-visa to the victim; or (3) a request by 

4 the Department of State to the sending state that immunity 

5 of individual diplomats or family members be waived to 

6 permit criminal prosecution. 

7 (l) EXTENSION OF AUTHORITIES.— 

8 (1) PASSPORT FEES.—Section 1(b)(2) of the 

9 Passport Act of June 4, 1920 (22 U.S.C. 214(b)(2)) 

10 shall be applied by substituting ‘‘September 30, 2020’’ 

11 for ‘‘September 30, 2010’’. 

12 (2) INCENTIVES FOR CRITICAL POSTS.—The au13 thority contained in section 1115(d) of the Supple14 mental Appropriations Act, 2009 (Public Law 111– 

15 32) shall remain in effect through September 30, 

16 2020. 

17 (3) USAID CIVIL SERVICE ANNUITANT WAIV18 ER.—Section 625(j)(1) of the Foreign Assistance Act 

19 of 1961 (22 U.S.C. 2385(j)(1)) shall be applied by 

20 substituting ‘‘September 30, 2020’’ for ‘‘October 1, 

21 2010’’ in subparagraph (B). 

22 (4) OVERSEAS PAY COMPARABILITY AND LIMITA23 TION.—(A) Subject to the limitation described in sub24 paragraph (B), the authority provided by section 

25 1113 of the Supplemental Appropriations Act, 2009 
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1 (Public Law 111–32) shall remain in effect through 

2 September 30, 2020. 

3 (B) The authority described in subparagraph (A) 

4 may not be used to pay an eligible member of the 

5 Foreign Service (as defined in section 1113(b) of the 

6 Supplemental Appropriations Act, 2009 (Public Law 

7 111–32)) a locality-based comparability payment 

8 (stated as a percentage) that exceeds two-thirds of the 

9 amount of the locality-based comparability payment 

10 (stated as a percentage) that would be payable to such 

11 member under section 5304 of title 5, United States 

12 Code, if such member’s official duty station were in 

13 the District of Columbia. 

14 (5) CATEGORICAL ELIGIBILITY.—The Foreign 

15 Operations, Export Financing, and Related Programs 

16 Appropriations Act, 1990 (Public Law 101–167) is 

17 amended— 

18 (A) in section 599D (8 U.S.C. 1157 note)— 

19 (i) in subsection (b)(3), by striking 

20 ‘‘and 2019’’ and inserting ‘‘2019, and 

21 2020’’; and 

22 (ii) in subsection (e), by striking 

23 ‘‘2019’’ each place it appears and inserting 

24 ‘‘2020’’; and 
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1 (B) in section 599E(b)(2) (8 U.S.C. 1255 

2 note), by striking ‘‘2019’’ and inserting ‘‘2020’’. 

3 (6) INSPECTOR GENERAL ANNUITANT WAIVER.— 

4 The authorities provided in section 1015(b) of the 

5 Supplemental Appropriations Act, 2010 (Public Law 

6 111–212) shall remain in effect through September 

7 30, 2020, and may be used to facilitate the assign8 ment of persons for oversight of programs in Syria, 

9 South Sudan, Yemen, Somalia, and Venezuela. 

10 (7) ACCOUNTABILITY REVIEW BOARDS.—The au11 thority provided by section 301(a)(3) of the Omnibus 

12 Diplomatic Security and Antiterrorism Act of 1986 

13 (22 U.S.C. 4831(a)(3)) shall remain in effect for fa14 cilities in Afghanistan through September 30, 2020, 

15 except that the notification and reporting require16 ments contained in such section shall include the 

17 Committees on Appropriations. 

18 (8) SPECIAL INSPECTOR GENERAL FOR AFGHANI19 STAN RECONSTRUCTION COMPETITIVE STATUS.—Not20 withstanding any other provision of law, any em21 ployee of the Special Inspector General for Afghani22 stan Reconstruction (SIGAR) who completes at least 

23 12 months of continuous service after enactment of 

24 this Act or who is employed on the date on which 

25 SIGAR terminates, whichever occurs first, shall ac-
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1 quire competitive status for appointment to any posi2 tion in the competitive service for which the employee 

3 possesses the required qualifications. 

4 (9) TRANSFER OF BALANCES.—Section 7081(h) 

5 of the Department of State, Foreign Operations, and 

6 Related Programs Appropriations Act, 2017 (division 

7 J of Public Law 115–31) shall continue in effect dur8 ing fiscal year 2020. 

9 (10) DEPARTMENT OF STATE INSPECTOR GEN10 ERAL WAIVER AUTHORITY.—The Inspector General of 

11 the Department of State may waive the provisions of 

12 subsections (a) through (d) of section 824 of the For13 eign Service Act of 1980 (22 U.S.C. 4064) on a case14 by-case basis for an annuitant reemployed by the In15 spector General on a temporary basis, subject to the 

16 same constraints and in the same manner by which 

17 the Secretary of State may exercise such waiver au18 thority pursuant to subsection (g) of such section. 

19 (11) AFGHAN ALLIES.—Section 602(b)(3)(F) of 

20 the Afghan Allies Protection Act of 2009 (8 U.S.C. 

21 1101 note) is amended— 

22 (A) in the heading, striking ‘‘2015, 2016, 

23 AND 2017’’ and inserting ‘‘2015 THROUGH 

24 2020’’; 
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1 (B) in the matter preceding clause (i), by 

2 striking ‘‘18,500’’ and inserting ‘‘22,500’’; and 

3 (C) in clauses (i) and (ii), by striking ‘‘De4 cember 31, 2020’’ and inserting ‘‘December 31, 

5 2021’’. 

6 (m) MONITORING AND EVALUATION.—Funds appro7 priated by this Act that are made available for monitoring 

8 and evaluation of assistance under the headings ‘‘Develop9 ment Assistance’’, ‘‘International Disaster Assistance’’, and 

10 ‘‘Migration and Refugee Assistance’’ shall, as appropriate, 

11 be made available for the regular collection of feedback ob12 tained directly from beneficiaries on the quality and rel13 evance of such assistance: Provided, That the Department 

14 of State and USAID shall establish, and post on their re15 spective websites, updated procedures for implementing 

16 partners that receive funds under such headings for regu17 larly collecting and responding to such feedback, including 

18 guidelines for the reporting on actions taken in response 

19 to the feedback received: Provided further, That the Depart20 ment of State and USAID shall regularly conduct oversight 

21 to ensure that such feedback is regularly collected and used 

22 by implementing partners to maximize the cost-effectiveness 

23 and utility of such assistance. 

24 (n) HIV/AIDS WORKING CAPITAL FUND.—Funds 

25 available in the HIV/AIDS Working Capital Fund estab-
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1 lished pursuant to section 525(b)(1) of the Foreign Oper2 ations, Export Financing, and Related Programs Appro3 priations Act, 2005 (Public Law 108–447) may be made 

4 available for pharmaceuticals and other products for child 

5 survival, malaria, and tuberculosis to the same extent as 

6 HIV/AIDS pharmaceuticals and other products, subject to 

7 the terms and conditions in such section: Provided, That 

8 the authority in section 525(b)(5) of the Foreign Oper9 ations, Export Financing, and Related Programs Appro10 priation Act, 2005 (Public Law 108–447) shall be exercised 

11 by the Assistant Administrator for Global Health, USAID, 

12 with respect to funds deposited for such non-HIV/AIDS 

13 pharmaceuticals and other products, and shall be subject 

14 to the regular notification procedures of the Committees on 

15 Appropriations: Provided further, That the Secretary of 

16 State shall include in the congressional budget justification 

17 an accounting of budgetary resources, disbursements, bal18 ances, and reimbursements related to such fund. 

19 (o) LOANS, CONSULTATION, AND NOTIFICATION.— 

20 (1) LOAN GUARANTEES.—Funds appropriated 

21 under the headings ‘‘Economic Support Fund’’ and 

22 ‘‘Assistance for Europe, Eurasia and Central Asia’’ 

23 by this Act and prior Acts making appropriations for 

24 the Department of State, foreign operations, and re25 lated programs may be made available for the costs, 
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1 as defined in section 502 of the Congressional Budget 

2 Act of 1974, of loan guarantees for Egypt, Jordan, 

3 Tunisia, and Ukraine, which are authorized to be 

4 provided: Provided, That amounts made available 

5 under this paragraph for the costs of such guarantees 

6 shall not be considered assistance for the purposes of 

7 provisions of law limiting assistance to a country. 

8 (2) DESIGNATION REQUIREMENT.—Funds made 

9 available pursuant to paragraph (1) from prior Acts 

10 making appropriations for the Department of State, 

11 foreign operations, and related programs that were 

12 previously designated by the Congress for Overseas 

13 Contingency Operations/Global War on Terrorism 

14 pursuant to section 251(b)(2)(A)(ii) of the Balanced 

15 Budget and Emergency Deficit Control Act of 1985 

16 are designated by the Congress for Overseas Contin17 gency Operations/Global War on Terrorism pursuant 

18 to section 251(b)(2)(A)(ii) of such Act. 

19 (3) CONSULTATION AND NOTIFICATION.—Funds 

20 made available pursuant to the authorities of this 

21 subsection shall be subject to prior consultation with 

22 the appropriate congressional committees and the reg23 ular notification procedures of the Committees on Ap24 propriations. 

25 (p) LOCAL WORKS.— 
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1 (1) FUNDING.—Of the funds appropriated by 

2 this Act under the headings ‘‘Development Assistance’’ 

3 and ‘‘Economic Support Fund’’, not less than 

4 $50,000,000 shall be made available for Local Works 

5 pursuant to section 7080 of the Department of State, 

6 Foreign Operations, and Related Programs Appro7 priations Act, 2015 (division J of Public Law 113– 

8 235), which may remain available until September 

9 30, 2024. 

10 (2) ELIGIBLE ENTITIES.—For the purposes of 

11 section 7080 of the Department of State, Foreign Op12 erations, and Related Programs Appropriations Act, 

13 2015 (division J of Public Law 113–235), ‘‘eligible 

14 entities’’ shall be defined as small local, international, 

15 and United States-based nongovernmental organiza16 tions, educational institutions, and other small enti17 ties that have received less than a total of $5,000,000 

18 from USAID over the previous 5 fiscal years: Pro19 vided, That departments or centers of such edu20 cational institutions may be considered individually 

21 in determining such eligibility. 

22 (q) WESTERN HEMISPHERE DRUG POLICY COMMIS23 SION.—Up to $499,000 of the funds appropriated under the 

24 heading ‘‘Western Hemisphere Drug Policy Commission, 

25 Salaries and Expenses’’ of the Department of State, Foreign 
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1 Operations, and Related Programs Appropriations Act, 

2 2019 (division F of Public Law 116–6) shall remain avail3 able for obligation until September 30, 2021, notwith4 standing the period of availability under such heading. 

5 (r) DEFINITIONS.— 

6 (1) APPROPRIATE CONGRESSIONAL COMMIT7 TEES.—Unless otherwise defined in this Act, for pur8 poses of this Act the term ‘‘appropriate congressional 

9 committees’’ means the Committees on Appropriations 

10 and Foreign Relations of the Senate and the Commit11 tees on Appropriations and Foreign Affairs of the 

12 House of Representatives. 

13 (2) FUNDS APPROPRIATED BY THIS ACT AND

14 PRIOR ACTS.—Unless otherwise defined in this Act, 

15 for purposes of this Act the term ‘‘funds appropriated 

16 by this Act and prior Acts making appropriations for 

17 the Department of State, foreign operations, and re18 lated programs’’ means funds that remain available 

19 for obligation, and have not expired. 

20 (3) INTERNATIONAL FINANCIAL INSTITUTIONS.— 

21 In this Act ‘‘international financial institutions’’ 

22 means the International Bank for Reconstruction and 

23 Development, the International Development Associa24 tion, the International Finance Corporation, the 

25 Inter-American Development Bank, the International 
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1 Monetary Fund, the International Fund for Agricul2 tural Development, the Asian Development Fund, the 

3 Inter-American Investment Corporation, the North 

4 American Development Bank, the European Bank for 

5 Reconstruction and Development, the African Devel6 opment Bank, the African Development Fund, and 

7 the Multilateral Investment Guarantee Agency. 

8 (4) SOUTHERN KORDOFAN.—Any reference to 

9 Southern Kordofan in this or any other Act making 

10 appropriations for the Department of State, foreign 

11 operations, and related programs shall for this fiscal 

12 year, and each fiscal year thereafter, be deemed to in13 clude portions of Western Kordofan that were pre14 viously part of Southern Kordofan prior to the 2013 

15 division of Southern Kordofan. 

16 (5) USAID.—In this Act, the term ‘‘USAID’’ 

17 means the United States Agency for International De18 velopment. 

19 (6) SPEND PLAN.—In this Act, the term ‘‘spend 

20 plan’’ means a plan for the uses of funds appro21 priated for a particular entity, country, program, 

22 purpose, or account and which shall include, at a 

23 minimum, a description of— 
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1 (A) realistic and sustainable goals, criteria 

2 for measuring progress, and a timeline for 

3 achieving such goals; 

4 (B) amounts and sources of funds by ac5 count; 

6 (C) how such funds will complement other 

7 ongoing or planned programs; and 

8 (D) implementing partners, to the max9 imum extent practicable. 

10 (7) SUCCESSOR OPERATING UNIT.—Any ref11 erence to a particular USAID operating unit or office 

12 in this or prior Acts making appropriations for the 

13 Department of State, foreign operations, and related 

14 programs shall be deemed to include any successor op15 erating unit or office performing the same or similar 

16 functions. 

17 LAW ENFORCEMENT AND SECURITY

18 SEC. 7035. (a) ASSISTANCE.— 

19 (1) COMMUNITY-BASED POLICE ASSISTANCE.— 

20 Funds made available under titles III and IV of this 

21 Act to carry out the provisions of chapter 1 of part 

22 I and chapters 4 and 6 of part II of the Foreign As23 sistance Act of 1961, may be used, notwithstanding 

24 section 660 of that Act, to enhance the effectiveness 

25 and accountability of civilian police authority 
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1 through training and technical assistance in human 

2 rights, the rule of law, anti-corruption, strategic plan3 ning, and through assistance to foster civilian police 

4 roles that support democratic governance, including 

5 assistance for programs to prevent conflict, respond to 

6 disasters, address gender-based violence, and foster 

7 improved police relations with the communities they 

8 serve. 

9 (2) COUNTERTERRORISM PARTNERSHIPS

10 FUND.—Funds appropriated by this Act under the 

11 heading ‘‘Nonproliferation, Anti-terrorism, Demining 

12 and Related Programs’’ shall be made available for 

13 the Counterterrorism Partnerships Fund for programs 

14 in areas liberated from, under the influence of, or ad15 versely affected by, the Islamic State of Iraq and 

16 Syria or other terrorist organizations: Provided, That 

17 such areas shall include the Kurdistan Region of 

18 Iraq: Provided further, That prior to the obligation of 

19 funds made available pursuant to this paragraph, the 

20 Secretary of State shall take all practicable steps to 

21 ensure that mechanisms are in place for monitoring, 

22 oversight, and control of such funds: Provided further, 

23 That funds made available pursuant to this para24 graph shall be subject to prior consultation with the 

25 appropriate congressional committees, and the regular 
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1 notification procedures of the Committees on Appro2 priations. 

3 (3) COMBAT CASUALTY CARE.—(A) Consistent 

4 with the objectives of the Foreign Assistance Act of 

5 1961 and the Arms Export Control Act, funds appro6 priated by this Act under the headings ‘‘Peacekeeping 

7 Operations’’ and ‘‘Foreign Military Financing Pro8 gram’’ shall be made available for combat casualty 

9 training and equipment. 

10 (B) The Secretary of State shall offer combat 

11 casualty care training and equipment as a component 

12 of any package of lethal assistance funded by this Act 

13 with funds appropriated under the headings ‘‘Peace14 keeping Operations’’ and ‘‘Foreign Military Financ15 ing Program’’: Provided, That the requirement of this 

16 subparagraph shall apply to a country in conflict, 

17 unless the Secretary determines that such country has 

18 in place, to the maximum extent practicable, func19 tioning combat casualty care treatment and equip20 ment that meets or exceeds the standards rec21 ommended by the Committee on Tactical Combat Cas22 ualty Care: Provided further, That any such training 

23 and equipment for combat casualty care shall be 

24 made available through an open and competitive 

25 process. 
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1 (4) TRAINING RELATED TO INTERNATIONAL HU2 MANITARIAN LAW.—The Secretary of State shall offer 

3 training related to the requirements of international 

4 humanitarian law as a component of any package of 

5 lethal assistance funded by this Act with funds appro6 priated under the headings ‘‘Peacekeeping Oper7 ations’’ and ‘‘Foreign Military Financing Program’’: 

8 Provided, That the requirement of this paragraph 

9 shall not apply to a country that is a member of the 

10 North Atlantic Treaty Organization (NATO), is a 

11 major non-NATO ally designated by section 517(b) of 

12 the Foreign Assistance Act of 1961, or is complying 

13 with international humanitarian law: Provided fur14 ther, That any such training shall be made available 

15 through an open and competitive process. 

16 (5) SECURITY FORCE PROFESSIONALIZATION.— 

17 Funds appropriated by this Act under the headings 

18 ‘‘International Narcotics Control and Law Enforce19 ment’’ and ‘‘Peacekeeping Operations’’ shall be made 

20 available to increase the capacity of foreign military 

21 and law enforcement personnel to operate in accord22 ance with appropriate standards relating to human 

23 rights and the protection of civilians in the manner 

24 specified under this section in Senate Report 116– 

25 126, following consultation with the Committees on 
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1 Appropriations: Provided, That funds made available 

2 pursuant to this paragraph shall be made available 

3 through an open and competitive process. 

4 (6) GLOBAL SECURITY CONTINGENCY FUND.— 

5 Notwithstanding any other provision of this Act, up 

6 to $7,500,000 from funds appropriated by this Act 

7 under the headings ‘‘Peacekeeping Operations’’ and 

8 ‘‘Foreign Military Financing Program’’ may be 

9 transferred to, and merged with, funds previously 

10 made available under the heading ‘‘Global Security 

11 Contingency Fund’’, subject to the regular notification 

12 procedures of the Committees on Appropriations. 

13 (7) INTERNATIONAL PRISON CONDITIONS.—Of the 

14 funds appropriated by this Act under the headings 

15 ‘‘Development Assistance’’, ‘‘Economic Support 

16 Fund’’, and ‘‘International Narcotics Control and 

17 Law Enforcement’’, not less than $7,500,000 shall be 

18 made available for assistance to eliminate inhumane 

19 conditions in foreign prisons and other detention fa20 cilities, notwithstanding section 660 of the Foreign 

21 Assistance Act of 1961: Provided, That the Secretary 

22 of State and the USAID Administrator shall consult 

23 with the Committees on Appropriations on the pro24 posed uses of such funds prior to obligation and not 

25 later than 60 days after enactment of this Act: Pro-
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1 vided further, That such funds shall be in addition to 

2 funds otherwise made available by this Act for such 

3 purpose. 

4 (b) AUTHORITIES.— 

5 (1) RECONSTITUTING CIVILIAN POLICE AUTHOR6 ITY.—In providing assistance with funds appro7 priated by this Act under section 660(b)(6) of the 

8 Foreign Assistance Act of 1961, support for a nation 

9 emerging from instability may be deemed to mean 

10 support for regional, district, municipal, or other sub11 national entity emerging from instability, as well as 

12 a nation emerging from instability. 

13 (2) DISARMAMENT, DEMOBILIZATION, AND RE14 INTEGRATION.—Section 7034(d) of the Department of 

15 State, Foreign Operations, and Related Programs Ap16 propriations Act, 2015 (division J of Public Law 

17 113–235) shall continue in effect during fiscal year 

18 2020. 

19 (3) EXTENSION OF WAR RESERVES STOCKPILE

20 AUTHORITY.— 

21 (A) Section 12001(d) of the Department of 

22 Defense Appropriations Act, 2005 (Public Law 

23 108–287; 118 Stat. 1011) is amended by striking 

24 ‘‘of this section’’ and all that follows through the 
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•HR 1865 EAH 

1 period at the end and inserting ‘‘of this section 

2 after September 30, 2021.’’. 

3 (B) Section 514(b)(2)(A) of the Foreign As4 sistance Act of 1961 (22 U.S.C. 2321h(b)(2)(A)) 

5 is amended by striking ‘‘and 2020’’ and insert6 ing ‘‘2020, and 2021’’. 

7 (4) COMMERCIAL LEASING OF DEFENSE ARTI8 CLES.—Notwithstanding any other provision of law, 

9 and subject to the regular notification procedures of 

10 the Committees on Appropriations, the authority of 

11 section 23(a) of the Arms Export Control Act (22 

12 U.S.C. 2763) may be used to provide financing to 

13 Israel, Egypt, the North Atlantic Treaty Organization 

14 (NATO), and major non-NATO allies for the procure15 ment by leasing (including leasing with an option to 

16 purchase) of defense articles from United States com17 mercial suppliers, not including Major Defense 

18 Equipment (other than helicopters and other types of 

19 aircraft having possible civilian application), if the 

20 President determines that there are compelling foreign 

21 policy or national security reasons for those defense 

22 articles being provided by commercial lease rather 

23 than by government-to-government sale under such 

24 Act. 
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1 (5) SPECIAL DEFENSE ACQUISITION FUND.—Not 

2 to exceed $900,000,000 may be obligated pursuant to 

3 section 51(c)(2) of the Arms Export Control Act (22 

4 U.S.C. 2795(c)(2)) for the purposes of the Special De5 fense Acquisition Fund (the Fund), to remain avail6 able for obligation until September 30, 2022: Pro7 vided, That the provision of defense articles and de8 fense services to foreign countries or international or9 ganizations from the Fund shall be subject to the con10 currence of the Secretary of State. 

11 (6) PUBLIC DISCLOSURE.—For the purposes of 

12 funds appropriated by this Act and prior Acts mak13 ing appropriations for the Department of State, for14 eign operations, and related programs that are made 

15 available for assistance for units of foreign security 

16 forces, the term ‘‘to the maximum extent practicable’’ 

17 in section 620M(d)(7) of the Foreign Assistance Act 

18 of 1961 (22 U.S.C. 2378d) means that the identity of 

19 such units shall be made publicly available unless the 

20 Secretary of State, on a case-by-case basis, determines 

21 and reports to the appropriate congressional commit22 tees that disclosure would endanger the safety of 

23 human sources or reveal sensitive intelligence sources 

24 and methods, or that non-disclosure is in the national 

25 security interest of the United States: Provided, That 
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•HR 1865 EAH 

1 any such determination shall include a detailed jus2 tification, and may be submitted in classified form. 

3 (7) DUTY TO INFORM.—If assistance to a foreign 

4 security force is provided in a manner in which the 

5 recipient unit or units cannot be identified prior to 

6 the transfer of assistance, the Secretary of State shall 

7 provide a list of units prohibited from receiving such 

8 assistance pursuant to section 620M of the Foreign 

9 Assistance Act of 1961 to the recipient government. 

10 (c) LIMITATIONS.— 

11 (1) CHILD SOLDIERS.—Funds appropriated by 

12 this Act should not be used to support any military 

13 training or operations that include child soldiers. 

14 (2) LANDMINES AND CLUSTER MUNITIONS.— 

15 (A) LANDMINES.—Notwithstanding any 

16 other provision of law, demining equipment 

17 available to the United States Agency for Inter18 national Development and the Department of 

19 State and used in support of the clearance of 

20 landmines and unexploded ordnance for humani21 tarian purposes may be disposed of on a grant 

22 basis in foreign countries, subject to such terms 

23 and conditions as the Secretary of State may 

24 prescribe. 
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•HR 1865 EAH 

1 (B) CLUSTER MUNITIONS.—No military as2 sistance shall be furnished for cluster munitions, 

3 no defense export license for cluster munitions 

4 may be issued, and no cluster munitions or clus5 ter munitions technology shall be sold or trans6 ferred, unless— 

7 (i) the submunitions of the cluster mu8 nitions, after arming, do not result in more 

9 than 1 percent unexploded ordnance across 

10 the range of intended operational environ11 ments, and the agreement applicable to the 

12 assistance, transfer, or sale of such cluster 

13 munitions or cluster munitions technology 

14 specifies that the cluster munitions will 

15 only be used against clearly defined mili16 tary targets and will not be used where ci17 vilians are known to be present or in areas 

18 normally inhabited by civilians; or 

19 (ii) such assistance, license, sale, or 

20 transfer is for the purpose of demilitarizing 

21 or permanently disposing of such cluster 

22 munitions. 

23 (3) CROWD CONTROL ITEMS.—Funds appro24 priated by this Act should not be used for tear gas, 

25 small arms, light weapons, ammunition, or other 
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•HR 1865 EAH 

1 items for crowd control purposes for foreign security 

2 forces that use excessive force to repress peaceful ex3 pression, association, or assembly in countries that 

4 the Secretary of State determines are undemocratic or 

5 are undergoing democratic transitions. 

6 (d) REPORTS.— 

7 (1) SECURITY ASSISTANCE REPORT.—Not later 

8 than 120 days after enactment of this Act, the Sec9 retary of State shall submit to the Committees on Ap10 propriations a report on funds obligated and ex11 pended during fiscal year 2019, by country and pur12 pose of assistance, under the headings ‘‘Peacekeeping 

13 Operations’’, ‘‘International Military Education and 

14 Training’’, and ‘‘Foreign Military Financing Pro15 gram’’. 

16 (2) ANNUAL FOREIGN MILITARY TRAINING RE17 PORT.—For the purposes of implementing section 656 

18 of the Foreign Assistance Act of 1961, the term ‘‘mili19 tary training provided to foreign military personnel 

20 by the Department of Defense and the Department of 

21 State’’ shall be deemed to include all military train22 ing provided by foreign governments with funds ap23 propriated to the Department of Defense or the De24 partment of State, except for training provided by the 

25 government of a country designated by section 517(b) 
819 

•HR 1865 EAH 

1 of such Act (22 U.S.C. 2321k(b)) as a major non2 North Atlantic Treaty Organization ally. 

3 ARAB LEAGUE BOYCOTT OF ISRAEL

4 SEC. 7036. It is the sense of the Congress that— 

5 (1) the Arab League boycott of Israel, and the 

6 secondary boycott of American firms that have com7 mercial ties with Israel, is an impediment to peace 

8 in the region and to United States investment and 

9 trade in the Middle East and North Africa; 

10 (2) the Arab League boycott, which was regret11 tably reinstated in 1997, should be immediately and 

12 publicly terminated, and the Central Office for the 

13 Boycott of Israel immediately disbanded; 

14 (3) all Arab League states should normalize rela15 tions with their neighbor Israel; 

16 (4) the President and the Secretary of State 

17 should continue to vigorously oppose the Arab League 

18 boycott of Israel and find concrete steps to dem19 onstrate that opposition by, for example, taking into 

20 consideration the participation of any recipient coun21 try in the boycott when determining to sell weapons 

22 to said country; and 

23 (5) the President should report to Congress an24 nually on specific steps being taken by the United 

25 States to encourage Arab League states to normalize 
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•HR 1865 EAH 

1 their relations with Israel to bring about the termi2 nation of the Arab League boycott of Israel, including 

3 those to encourage allies and trading partners of the 

4 United States to enact laws prohibiting businesses 

5 from complying with the boycott and penalizing busi6 nesses that do comply. 

7 PALESTINIAN STATEHOOD

8 SEC. 7037. (a) LIMITATION ON ASSISTANCE.—None of 

9 the funds appropriated under titles III through VI of this 

10 Act may be provided to support a Palestinian state unless 

11 the Secretary of State determines and certifies to the appro12 priate congressional committees that— 

13 (1) the governing entity of a new Palestinian 

14 state— 

15 (A) has demonstrated a firm commitment to 

16 peaceful co-existence with the State of Israel; and 

17 (B) is taking appropriate measures to 

18 counter terrorism and terrorist financing in the 

19 West Bank and Gaza, including the dismantling 

20 of terrorist infrastructures, and is cooperating 

21 with appropriate Israeli and other appropriate 

22 security organizations; and 

23 (2) the Palestinian Authority (or the governing 

24 entity of a new Palestinian state) is working with 

25 other countries in the region to vigorously pursue ef-
821 

•HR 1865 EAH 

1 forts to establish a just, lasting, and comprehensive 

2 peace in the Middle East that will enable Israel and 

3 an independent Palestinian state to exist within the 

4 context of full and normal relationships, which should 

5 include— 

6 (A) termination of all claims or states of 

7 belligerency; 

8 (B) respect for and acknowledgment of the 

9 sovereignty, territorial integrity, and political 

10 independence of every state in the area through 

11 measures including the establishment of demili12 tarized zones; 

13 (C) their right to live in peace within secure 

14 and recognized boundaries free from threats or 

15 acts of force; 

16 (D) freedom of navigation through inter17 national waterways in the area; and 

18 (E) a framework for achieving a just settle19 ment of the refugee problem. 

20 (b) SENSE OF CONGRESS.—It is the sense of Congress 

21 that the governing entity should enact a constitution assur22 ing the rule of law, an independent judiciary, and respect 

23 for human rights for its citizens, and should enact other 

24 laws and regulations assuring transparent and accountable 

25 governance. 
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•HR 1865 EAH 

1 (c) WAIVER.—The President may waive subsection (a) 

2 if the President determines that it is important to the na3 tional security interest of the United States to do so. 

4 (d) EXEMPTION.—The restriction in subsection (a) 

5 shall not apply to assistance intended to help reform the 

6 Palestinian Authority and affiliated institutions, or the 

7 governing entity, in order to help meet the requirements of 

8 subsection (a), consistent with the provisions of section 7040 

9 of this Act (‘‘Limitation on Assistance for the Palestinian 

10 Authority’’). 

11 PROHIBITION ON ASSISTANCE TO THE PALESTINIAN

12 BROADCASTING CORPORATION

13 SEC. 7038. None of the funds appropriated or other14 wise made available by this Act may be used to provide 

15 equipment, technical support, consulting services, or any 

16 other form of assistance to the Palestinian Broadcasting 

17 Corporation. 

18 ASSISTANCE FOR THE WEST BANK AND GAZA

19 SEC. 7039. (a) OVERSIGHT.—For fiscal year 2020, 30 

20 days prior to the initial obligation of funds for the bilateral 

21 West Bank and Gaza Program, the Secretary of State shall 

22 certify to the Committees on Appropriations that proce23 dures have been established to assure the Comptroller Gen24 eral of the United States will have access to appropriate 

25 United States financial information in order to review the 
823 

•HR 1865 EAH 

1 uses of United States assistance for the Program funded 

2 under the heading ‘‘Economic Support Fund’’ for the West 

3 Bank and Gaza. 

4 (b) VETTING.—Prior to the obligation of funds appro5 priated by this Act under the heading ‘‘Economic Support 

6 Fund’’ for assistance for the West Bank and Gaza, the Sec7 retary of State shall take all appropriate steps to ensure 

8 that such assistance is not provided to or through any indi9 vidual, private or government entity, or educational insti10 tution that the Secretary knows or has reason to believe ad11 vocates, plans, sponsors, engages in, or has engaged in, ter12 rorist activity nor, with respect to private entities or edu13 cational institutions, those that have as a principal officer 

14 of the entity’s governing board or governing board of trust15 ees any individual that has been determined to be involved 

16 in, or advocating terrorist activity or determined to be a 

17 member of a designated foreign terrorist organization: Pro18 vided, That the Secretary of State shall, as appropriate, es19 tablish procedures specifying the steps to be taken in car20 rying out this subsection and shall terminate assistance to 

21 any individual, entity, or educational institution which the 

22 Secretary has determined to be involved in or advocating 

23 terrorist activity. 

24 (c) PROHIBITION.— 
824 

•HR 1865 EAH 

1 (1) RECOGNITION OF ACTS OF TERRORISM.— 

2 None of the funds appropriated under titles III 

3 through VI of this Act for assistance under the West 

4 Bank and Gaza Program may be made available 

5 for— 

6 (A) the purpose of recognizing or otherwise 

7 honoring individuals who commit, or have com8 mitted acts of terrorism; and 

9 (B) any educational institution located in 

10 the West Bank or Gaza that is named after an 

11 individual who the Secretary of State determines 

12 has committed an act of terrorism. 

13 (2) SECURITY ASSISTANCE AND REPORTING RE14 QUIREMENT.—Notwithstanding any other provision of 

15 law, none of the funds made available by this or prior 

16 appropriations Acts, including funds made available 

17 by transfer, may be made available for obligation for 

18 security assistance for the West Bank and Gaza until 

19 the Secretary of State reports to the Committees on 

20 Appropriations on the benchmarks that have been es21 tablished for security assistance for the West Bank 

22 and Gaza and reports on the extent of Palestinian 

23 compliance with such benchmarks. 

24 (d) OVERSIGHT BY THE UNITED STATES AGENCY FOR

25 INTERNATIONAL DEVELOPMENT.— 
825 

•HR 1865 EAH 

1 (1) The Administrator of the United States 

2 Agency for International Development shall ensure 

3 that Federal or non-Federal audits of all contractors 

4 and grantees, and significant subcontractors and sub5 grantees, under the West Bank and Gaza Program, 

6 are conducted at least on an annual basis to ensure, 

7 among other things, compliance with this section. 

8 (2) Of the funds appropriated by this Act, up to 

9 $1,000,000 may be used by the Office of Inspector 

10 General of the United States Agency for International 

11 Development for audits, investigations, and other ac12 tivities in furtherance of the requirements of this sub13 section: Provided, That such funds are in addition to 

14 funds otherwise available for such purposes. 

15 (e) COMPTROLLER GENERAL OF THE UNITED STATES

16 AUDIT.—Subsequent to the certification specified in sub17 section (a), the Comptroller General of the United States 

18 shall conduct an audit and an investigation of the treat19 ment, handling, and uses of all funds for the bilateral West 

20 Bank and Gaza Program, including all funds provided as 

21 cash transfer assistance, in fiscal year 2020 under the head22 ing ‘‘Economic Support Fund’’, and such audit shall ad23 dress— 

24 (1) the extent to which such Program complies 

25 with the requirements of subsections (b) and (c); and 
826 

•HR 1865 EAH 

1 (2) an examination of all programs, projects, 

2 and activities carried out under such Program, in3 cluding both obligations and expenditures. 

4 (f) NOTIFICATION PROCEDURES.—Funds made avail5 able in this Act for West Bank and Gaza shall be subject 

6 to the regular notification procedures of the Committees on 

7 Appropriations. 

8 LIMITATION ON ASSISTANCE FOR THE PALESTINIAN

9 AUTHORITY

10 SEC. 7040. (a) PROHIBITION OF FUNDS.—None of the 

11 funds appropriated by this Act to carry out the provisions 

12 of chapter 4 of part II of the Foreign Assistance Act of 1961 

13 may be obligated or expended with respect to providing 

14 funds to the Palestinian Authority. 

15 (b) WAIVER.—The prohibition included in subsection 

16 (a) shall not apply if the President certifies in writing to 

17 the Speaker of the House of Representatives, the President 

18 pro tempore of the Senate, and the Committees on Appro19 priations that waiving such prohibition is important to the 

20 national security interest of the United States. 

21 (c) PERIOD OF APPLICATION OF WAIVER.—Any waiv22 er pursuant to subsection (b) shall be effective for no more 

23 than a period of 6 months at a time and shall not apply 

24 beyond 12 months after the enactment of this Act. 
827 

•HR 1865 EAH 

1 (d) REPORT.—Whenever the waiver authority pursu2 ant to subsection (b) is exercised, the President shall submit 

3 a report to the Committees on Appropriations detailing the 

4 justification for the waiver, the purposes for which the funds 

5 will be spent, and the accounting procedures in place to 

6 ensure that the funds are properly disbursed: Provided, 

7 That the report shall also detail the steps the Palestinian 

8 Authority has taken to arrest terrorists, confiscate weapons 

9 and dismantle the terrorist infrastructure. 

10 (e) CERTIFICATION.—If the President exercises the 

11 waiver authority under subsection (b), the Secretary of 

12 State must certify and report to the Committees on Appro13 priations prior to the obligation of funds that the Pales14 tinian Authority has established a single treasury account 

15 for all Palestinian Authority financing and all financing 

16 mechanisms flow through this account, no parallel financ17 ing mechanisms exist outside of the Palestinian Authority 

18 treasury account, and there is a single comprehensive civil 

19 service roster and payroll, and the Palestinian Authority 

20 is acting to counter incitement of violence against Israelis 

21 and is supporting activities aimed at promoting peace, co22 existence, and security cooperation with Israel. 

23 (f) PROHIBITION TO HAMAS AND THE PALESTINE LIB24 ERATION ORGANIZATION.— 
828 

•HR 1865 EAH 

1 (1) None of the funds appropriated in titles III 

2 through VI of this Act may be obligated for salaries 

3 of personnel of the Palestinian Authority located in 

4 Gaza or may be obligated or expended for assistance 

5 to Hamas or any entity effectively controlled by 

6 Hamas, any power-sharing government of which 

7 Hamas is a member, or that results from an agree8 ment with Hamas and over which Hamas exercises 

9 undue influence. 

10 (2) Notwithstanding the limitation of paragraph 

11 (1), assistance may be provided to a power-sharing 

12 government only if the President certifies and reports 

13 to the Committees on Appropriations that such gov14 ernment, including all of its ministers or such equiva15 lent, has publicly accepted and is complying with the 

16 principles contained in section 620K(b)(1) (A) and 

17 (B) of the Foreign Assistance Act of 1961, as amend18 ed. 

19 (3) The President may exercise the authority in 

20 section 620K(e) of the Foreign Assistance Act of 1961, 

21 as added by the Palestinian Anti-Terrorism Act of 

22 2006 (Public Law 109–446) with respect to this sub23 section. 

24 (4) Whenever the certification pursuant to para25 graph (2) is exercised, the Secretary of State shall 
829 

•HR 1865 EAH 

1 submit a report to the Committees on Appropriations 

2 within 120 days of the certification and every quarter 

3 thereafter on whether such government, including all 

4 of its ministers or such equivalent are continuing to 

5 comply with the principles contained in section 

6 620K(b)(1) (A) and (B) of the Foreign Assistance Act 

7 of 1961, as amended: Provided, That the report shall 

8 also detail the amount, purposes and delivery mecha9 nisms for any assistance provided pursuant to the 

10 abovementioned certification and a full accounting of 

11 any direct support of such government. 

12 (5) None of the funds appropriated under titles 

13 III through VI of this Act may be obligated for assist14 ance for the Palestine Liberation Organization. 

15 MIDDLE EAST AND NORTH AFRICA

16 SEC. 7041. (a) EGYPT.— 

17 (1) CERTIFICATION AND REPORT.—Funds appro18 priated by this Act that are available for assistance 

19 for Egypt may be made available notwithstanding 

20 any other provision of law restricting assistance for 

21 Egypt, except for this subsection and section 620M of 

22 the Foreign Assistance Act of 1961, and may only be 

23 made available for assistance for the Government of 

24 Egypt if the Secretary of State certifies and reports 
830 

•HR 1865 EAH 

1 to the Committees on Appropriations that such gov2 ernment is— 

3 (A) sustaining the strategic relationship 

4 with the United States; and 

5 (B) meeting its obligations under the 1979 

6 Egypt-Israel Peace Treaty. 

7 (2) ECONOMIC SUPPORT FUND.—Of the funds 

8 appropriated by this Act under the heading ‘‘Eco9 nomic Support Fund’’, not less than $125,000,000 

10 shall be made available for assistance for Egypt, of 

11 which not less than $40,000,000 should be made 

12 available for higher education programs, including 

13 not less than $15,000,000 for scholarships for Egyp14 tian students with high financial need to attend not15 for-profit institutions of higher education in Egypt 

16 that are currently accredited by a regional accred17 iting agency recognized by the United States Depart18 ment of Education, or meets standards equivalent to 

19 those required for United States institutional accredi20 tation by a regional accrediting agency recognized by 

21 such Department: Provided, That such funds shall be 

22 made available for democracy programs, and for de23 velopment programs in the Sinai: Provided further, 

24 That such funds may not be made available for cash 

25 transfer assistance or budget support unless the Sec-
831 

•HR 1865 EAH 

1 retary of State certifies and reports to the appro2 priate congressional committees that the Government 

3 of Egypt is taking consistent and effective steps to 

4 stabilize the economy and implement market-based 

5 economic reforms. 

6 (3) FOREIGN MILITARY FINANCING PROGRAM.— 

7 (A) Of the funds appropriated by this Act under the 

8 heading ‘‘Foreign Military Financing Program’’, 

9 $1,300,000,000, to remain available until September 

10 30, 2021, should be made available for assistance for 

11 Egypt: Provided, That such funds may be transferred 

12 to an interest bearing account in the Federal Reserve 

13 Bank of New York, following consultation with the 

14 Committees on Appropriations, and the uses of any 

15 interest earned on such funds shall be subject to the 

16 regular notification procedures of the Committees on 

17 Appropriations: Provided further, That $300,000,000 

18 of such funds shall be withheld from obligation until 

19 the Secretary of State certifies and reports to the 

20 Committees on Appropriations that the Government 

21 of Egypt is taking sustained and effective steps to— 

22 (i) strengthen the rule of law, democratic 

23 institutions, and human rights in Egypt, includ24 ing to protect religious minorities and the rights 

25 of women, which are in addition to steps taken 
832 

•HR 1865 EAH 

1 during the previous calendar year for such pur2 poses; 

3 (ii) implement reforms that protect free4 doms of expression, association, and peaceful as5 sembly, including the ability of civil society or6 ganizations, human rights defenders, and the 

7 media to function without interference; 

8 (iii) release political prisoners and provide 

9 detainees with due process of law; 

10 (iv) hold Egyptian security forces account11 able, including officers credibly alleged to have 

12 violated human rights; 

13 (v) investigate and prosecute cases of 

14 extrajudicial killings and forced disappearances; 

15 and 

16 (vi) provide regular access for United States 

17 officials to monitor such assistance in areas 

18 where the assistance is used: 

19 Provided further, That the certification requirement 

20 of this paragraph shall not apply to funds appro21 priated by this Act under such heading for counterter22 rorism, border security, and nonproliferation pro23 grams for Egypt. 

24 (B) The Secretary of State may waive the certifi25 cation requirement in subparagraph (A) if the Sec-
833 

•HR 1865 EAH 

1 retary determines and reports to the Committees on 

2 Appropriations that to do so is important to the na3 tional security interest of the United States, and sub4 mits a report to such Committees containing a de5 tailed justification for the use of such waiver and the 

6 reasons why any of the requirements of subparagraph 

7 (A) cannot be met: Provided, That the report required 

8 by this paragraph shall be submitted in unclassified 

9 form, but may be accompanied by a classified annex. 

10 (4) REPORT.—Not later than 30 days after en11 actment of this Act, and every 60 days thereafter, the 

12 Secretary of State shall submit a report to the appro13 priate congressional committees describing and assess14 ing the actions taken by the Government of Egypt 

15 during the previous 60 days to fairly compensate 

16 April Corley for injuries and losses sustained as a re17 sult of the attack on her tour group by the Egyptian 

18 military on September 13, 2015, and progress in re19 solving her case: Provided, That if the Secretary re20 ports that no progress has been made in the previous 

21 60 days, the report shall include the reasons for the 

22 lack of progress. 

23 (b) IRAN.— 

24 (1) FUNDING.—Funds appropriated by this Act 

25 under the headings ‘‘Diplomatic Programs’’, ‘‘Eco-
834 

•HR 1865 EAH 

1 nomic Support Fund’’, and ‘‘Nonproliferation, Anti2 terrorism, Demining and Related Programs’’ shall be 

3 made available for the programs and activities de4 scribed under this section in House Report 116–78. 

5 (2) REPORTS.— 

6 (A) SEMI-ANNUAL REPORT.—The Secretary 

7 of State shall submit to the Committees on Ap8 propriations the semi-annual report required by 

9 section 135(d)(4) of the Atomic Energy Act of 

10 1954 (42 U.S.C. 2160e(d)(4)), as added by sec11 tion 2 of the Iran Nuclear Agreement Review Act 

12 of 2015 (Public Law 114–17). 

13 (B) SANCTIONS REPORT.—Not later than 

14 180 days after the date of enactment of this Act, 

15 the Secretary of State, in consultation with the 

16 Secretary of the Treasury, shall submit to the 

17 appropriate congressional committees a report 

18 on— 

19 (i) the status of United States bilateral 

20 sanctions on Iran; 

21 (ii) the reimposition and renewed en22 forcement of secondary sanctions; and 

23 (iii) the impact such sanctions have 

24 had on Iran’s destabilizing activities 

25 throughout the Middle East. 
835 

•HR 1865 EAH 

1 (c) IRAQ.— 

2 (1) PURPOSES.—Funds appropriated under ti3 tles III and IV of this Act shall be made available for 

4 assistance for Iraq for— 

5 (A) bilateral economic assistance and inter6 national security assistance, including in the 

7 Kurdistan Region of Iraq and for the Marla 

8 Ruzicka Iraqi War Victims Fund; 

9 (B) stabilization assistance, including in 

10 Anbar Province; 

11 (C) humanitarian assistance, including in 

12 the Kurdistan Region of Iraq; and 

13 (D) programs to protect and assist religious 

14 and ethnic minority populations in Iraq, includ15 ing as described under this section in the explan16 atory statement described in section 4 (in the 

17 matter preceding division A of this consolidated 

18 Act). 

19 (2) UNITED STATES CONSULATE GENERAL

20 BASRAH.—Any change in the status of operations at 

21 United States Consulate General Basrah, including 

22 the return of Consulate property located adjacent to 

23 the Basrah International Airport to the Government 

24 of Iraq, shall be subject to prior consultation with the 

25 appropriate congressional committees and the regular 
836 

•HR 1865 EAH 

1 notification procedures of the Committees on Appro2 priations. 

3 (3) BASING RIGHTS AGREEMENT.—None of the 

4 funds appropriated or otherwise made available by 

5 this Act may be used by the Government of the United 

6 States to enter into a permanent basing rights agree7 ment between the United States and Iraq. 

8 (d) JORDAN.— 

9 (1) ASSISTANCE APPROPRIATED BY THIS ACT.— 

10 Of the funds appropriated by this Act under titles III 

11 and IV, not less than $1,525,000,000 shall be made 

12 available for assistance for Jordan, of which: not less 

13 than $1,082,400,000 shall be made available under 

14 the heading ‘‘Economic Support Fund’’, of which not 

15 less than $745,100,000 shall be made available for 

16 budget support for the Government of Jordan; and 

17 not less than $425,000,000 shall be made available 

18 under the heading ‘‘Foreign Military Financing Pro19 gram’’. 

20 (2) ASSISTANCE APPROPRIATED BY PRIOR

21 ACTS.—Of the funds appropriated under the heading 

22 ‘‘Economic Support Fund’’ in prior Acts making ap23 propriations for the Department of State, foreign op24 erations, and related programs, not less than 

25 $125,000,000 shall be made available for assistance 
837 

•HR 1865 EAH 

1 for Jordan, of which $100,000,000 shall be made 

2 available for budget support for the Government of 

3 Jordan and $25,000,000 shall be made available for 

4 programs to increase electricity transmission to 

5 neighboring countries, including Iraq: Provided, That 

6 such funds are in addition to amounts otherwise 

7 made available for such purposes. 

8 (e) LEBANON.— 

9 (1) ASSISTANCE.—Funds appropriated under ti10 tles III and IV of this Act shall be made available for 

11 assistance for Lebanon: Provided, That such funds 

12 made available under the heading ‘‘Economic Sup13 port Fund’’ may be made available notwithstanding 

14 section 1224 of the Foreign Relations Authorization 

15 Act, Fiscal Year 2003 (Public Law 107–228; 22 

16 U.S.C. 2346 note). 

17 (2) SECURITY ASSISTANCE.— 

18 (A) Funds appropriated by this Act under 

19 the headings ‘‘International Narcotics Control 

20 and Law Enforcement’’ and ‘‘Foreign Military 

21 Financing Program’’ that are made available for 

22 assistance for Lebanon may be made available 

23 for programs and equipment for the Lebanese In24 ternal Security Forces (ISF) and the Lebanese 

25 Armed Forces (LAF) to address security and sta-
838 

•HR 1865 EAH 

1 bility requirements in areas affected by conflict 

2 in Syria, following consultation with the appro3 priate congressional committees. 

4 (B) Funds appropriated by this Act under 

5 the heading ‘‘Foreign Military Financing Pro6 gram’’ that are made available for assistance for 

7 Lebanon may only be made available for pro8 grams to— 

9 (i) professionalize the LAF to mitigate 

10 internal and external threats from non-state 

11 actors, including Hizballah; 

12 (ii) strengthen border security and 

13 combat terrorism, including training and 

14 equipping the LAF to secure the borders of 

15 Lebanon and address security and stability 

16 requirements in areas affected by conflict in 

17 Syria, interdicting arms shipments, and 

18 preventing the use of Lebanon as a safe 

19 haven for terrorist groups; and 

20 (iii) implement United Nations Secu21 rity Council Resolution 1701: 

22 Provided, That prior to obligating funds made 

23 available by this subparagraph for assistance for 

24 the LAF, the Secretary of State shall submit to 

25 the Committees on Appropriations a spend plan, 
839 

•HR 1865 EAH 

1 including actions to be taken to ensure equip2 ment provided to the LAF is used only for the 

3 intended purposes, except such plan may not be 

4 considered as meeting the notification require5 ments under section 7015 of this Act or under 

6 section 634A of the Foreign Assistance Act of 

7 1961, and shall be submitted not later than Sep8 tember 1, 2020: Provided further, That any noti9 fication submitted pursuant to such section shall 

10 include any funds specifically intended for lethal 

11 military equipment. 

12 (3) LIMITATION.—None of the funds appro13 priated by this Act may be made available for the 

14 ISF or the LAF if the ISF or the LAF is controlled 

15 by a foreign terrorist organization, as designated pur16 suant to section 219 of the Immigration and Nation17 ality Act (8 U.S.C. 1189). 

18 (f) LIBYA.— 

19 (1) ASSISTANCE.—Funds appropriated under ti20 tles III and IV of this Act shall be made available for 

21 stabilization assistance for Libya, including support 

22 for a United Nations-facilitated political process and 

23 border security: Provided, That the limitation on the 

24 uses of funds for certain infrastructure projects in sec25 tion 7041(f)(2) of the Department of State, Foreign 
840 

•HR 1865 EAH 

1 Operations, and Related Programs Appropriations 

2 Act, 2014 (division K of Public Law 113–76) shall 

3 apply to such funds. 

4 (2) CERTIFICATION.—Prior to the initial obliga5 tion of funds made available by this Act for assistance 

6 for Libya, the Secretary of State shall certify and re7 port to the Committees on Appropriations that all 

8 practicable steps have been taken to ensure that mech9 anisms are in place for monitoring, oversight, and 

10 control of such funds. 

11 (g) MOROCCO.— 

12 (1) AVAILABILITY AND CONSULTATION REQUIRE13 MENT.—Funds appropriated under title III of this 

14 Act shall be made available for assistance for the 

15 Western Sahara: Provided, That not later than 90 

16 days after enactment of this Act and prior to the obli17 gation of such funds, the Secretary of State, in con18 sultation with the Administrator of the United States 

19 Agency for International Development, shall consult 

20 with the Committees on Appropriations on the pro21 posed uses of such funds. 

22 (2) FOREIGN MILITARY FINANCING PROGRAM.— 

23 Funds appropriated by this Act under the heading 

24 ‘‘Foreign Military Financing Program’’ that are 

25 available for assistance for Morocco may only be used 
841 

•HR 1865 EAH 

1 for the purposes requested in the Congressional Budg2 et Justification, Foreign Operations, Fiscal Year 

3 2017. 

4 (h) SAUDI ARABIA.— 

5 (1) INTERNATIONAL MILITARY EDUCATION AND

6 TRAINING.—None of the funds appropriated by this 

7 Act under the heading ‘‘International Military Edu8 cation and Training’’ may be made available for as9 sistance for the Government of Saudi Arabia. 

10 (2) EXPORT-IMPORT BANK.—None of the funds 

11 appropriated or otherwise made available by this Act 

12 and prior Acts making appropriations for the De13 partment of State, foreign operations, and related 

14 programs should be obligated or expended by the Ex15 port-Import Bank of the United States to guarantee, 

16 insure, or extend (or participate in the extension of) 

17 credit in connection with the export of nuclear tech18 nology, equipment, fuel, materials, or other nuclear 

19 technology-related goods or services to Saudi Arabia 

20 unless the Government of Saudi Arabia— 

21 (A) has in effect a nuclear cooperation 

22 agreement pursuant to section 123 of the Atomic 

23 Energy Act of 1954 (42 U.S.C. 2153); 
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•HR 1865 EAH 

1 (B) has committed to renounce uranium en2 richment and reprocessing on its territory under 

3 that agreement; and 

4 (C) has signed and implemented an Addi5 tional Protocol to its Comprehensive Safeguards 

6 Agreement with the International Atomic Energy 

7 Agency. 

8 (i) SYRIA.— 

9 (1) NON-LETHAL ASSISTANCE.—Of the funds ap10 propriated by this Act under the headings ‘‘Economic 

11 Support Fund’’, ‘‘International Narcotics Control and 

12 Law Enforcement’’, and ‘‘Peacekeeping Operations’’, 

13 not less than $40,000,000 shall be made available, 

14 notwithstanding any other provision of law, for non15 lethal stabilization assistance for Syria, of which not 

16 less than $7,000,000 shall be made available for emer17 gency medical and rescue response and chemical 

18 weapons use investigations. 

19 (2) LIMITATIONS.—Funds made available pursu20 ant to paragraph (1) of this subsection— 

21 (A) may not be made available for a project 

22 or activity that supports or otherwise legitimizes 

23 the Government of Iran, foreign terrorist organi24 zations (as designated pursuant to section 219 of 
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•HR 1865 EAH 

1 the Immigration and Nationality Act (8 U.S.C. 

2 1189)), or a proxy of Iran in Syria; 

3 (B) may not be made available for activities 

4 that further the strategic objectives of the Govern5 ment of the Russian Federation that the Sec6 retary of State determines may threaten or un7 dermine United States national security inter8 ests; and 

9 (C) should not be used in areas of Syria 

10 controlled by a government led by Bashar al11 Assad or associated forces. 

12 (3) MONITORING AND OVERSIGHT.—Prior to the 

13 obligation of any funds appropriated by this Act and 

14 made available for assistance for Syria, the Secretary 

15 of State shall take all practicable steps to ensure that 

16 mechanisms are in place for monitoring, oversight, 

17 and control of such assistance inside Syria. 

18 (4) CONSULTATION AND NOTIFICATION.—Funds 

19 made available pursuant to this subsection may only 

20 be made available following consultation with the ap21 propriate congressional committees, and shall be sub22 ject to the regular notification procedures of the Com23 mittees on Appropriations. 

24 (j) TUNISIA.— 
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•HR 1865 EAH 

1 (1) ASSISTANCE APPROPRIATED BY THIS ACT.— 

2 Of the funds appropriated under titles III and IV of 

3 this Act, not less than $191,400,000 shall be made 

4 available for assistance for Tunisia. 

5 (2) ASSISTANCE APPROPRIATED BY PRIOR

6 ACTS.—Of the funds appropriated under the heading 

7 ‘‘Economic Support Fund’’ in prior Acts making ap8 propriations for the Department of State, foreign op9 erations, and related programs, not less than 

10 $50,000,000 shall be made available for assistance for 

11 Tunisia: Provided, That such funds are in addition 

12 to amounts otherwise made available for such pur13 poses. 

14 (k) WEST BANK AND GAZA.— 

15 (1) REPORT ON ASSISTANCE.—Prior to the ini16 tial obligation of funds made available by this Act 

17 under the heading ‘‘Economic Support Fund’’ for as18 sistance for the West Bank and Gaza, the Secretary 

19 of State shall report to the Committees on Appropria20 tions that the purpose of such assistance is to— 

21 (A) advance Middle East peace; 

22 (B) improve security in the region; 

23 (C) continue support for transparent and 

24 accountable government institutions; 

25 (D) promote a private sector economy; or 
845 

•HR 1865 EAH 

1 (E) address urgent humanitarian needs. 

2 (2) LIMITATIONS.— 

3 (A)(i) None of the funds appropriated under 

4 the heading ‘‘Economic Support Fund’’ in this 

5 Act may be made available for assistance for the 

6 Palestinian Authority, if after the date of enact7 ment of this Act— 

8 (I) the Palestinians obtain the same 

9 standing as member states or full member10 ship as a state in the United Nations or 

11 any specialized agency thereof outside an 

12 agreement negotiated between Israel and the 

13 Palestinians; or 

14 (II) the Palestinians initiate an Inter15 national Criminal Court (ICC) judicially 

16 authorized investigation, or actively support 

17 such an investigation, that subjects Israeli 

18 nationals to an investigation for alleged 

19 crimes against Palestinians. 

20 (ii) The Secretary of State may waive the 

21 restriction in clause (i) of this subparagraph re22 sulting from the application of subclause (I) of 

23 such clause if the Secretary certifies to the Com24 mittees on Appropriations that to do so is in the 

25 national security interest of the United States, 
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•HR 1865 EAH 

1 and submits a report to such Committees detail2 ing how the waiver and the continuation of as3 sistance would assist in furthering Middle East 

4 peace. 

5 (B)(i) The President may waive the provi6 sions of section 1003 of the Foreign Relations 

7 Authorization Act, Fiscal Years 1988 and 1989 

8 (Public Law 100–204) if the President deter9 mines and certifies in writing to the Speaker of 

10 the House of Representatives, the President pro 

11 tempore of the Senate, and the appropriate con12 gressional committees that the Palestinians have 

13 not, after the date of enactment of this Act— 

14 (I) obtained in the United Nations or 

15 any specialized agency thereof the same 

16 standing as member states or full member17 ship as a state outside an agreement nego18 tiated between Israel and the Palestinians; 

19 and 

20 (II) initiated or actively supported an 

21 ICC investigation against Israeli nationals 

22 for alleged crimes against Palestinians. 

23 (ii) Not less than 90 days after the Presi24 dent is unable to make the certification pursuant 

25 to clause (i) of this subparagraph, the President 
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•HR 1865 EAH 

1 may waive section 1003 of Public Law 100–204 

2 if the President determines and certifies in writ3 ing to the Speaker of the House of Representa4 tives, the President pro tempore of the Senate, 

5 and the Committees on Appropriations that the 

6 Palestinians have entered into direct and mean7 ingful negotiations with Israel: Provided, That 

8 any waiver of the provisions of section 1003 of 

9 Public Law 100–204 under clause (i) of this sub10 paragraph or under previous provisions of law 

11 must expire before the waiver under the pre12 ceding sentence may be exercised. 

13 (iii) Any waiver pursuant to this subpara14 graph shall be effective for no more than a period 

15 of 6 months at a time and shall not apply be16 yond 12 months after the enactment of this Act. 

17 (3) REDUCTION.—The Secretary of State shall 

18 reduce the amount of assistance made available by 

19 this Act under the heading ‘‘Economic Support 

20 Fund’’ for the Palestinian Authority by an amount 

21 the Secretary determines is equivalent to the amount 

22 expended by the Palestinian Authority, the Palestine 

23 Liberation Organization, and any successor or affili24 ated organizations with such entities as payments for 

25 acts of terrorism by individuals who are imprisoned 
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•HR 1865 EAH 

1 after being fairly tried and convicted for acts of ter2 rorism and by individuals who died committing acts 

3 of terrorism during the previous calendar year: Pro4 vided, That the Secretary shall report to the Commit5 tees on Appropriations on the amount reduced for fis6 cal year 2020 prior to the obligation of funds for the 

7 Palestinian Authority. 

8 (4) PRIVATE SECTOR PARTNERSHIP PRO9 GRAMS.—Funds appropriated by this Act and prior 

10 Acts making appropriations for the Department of 

11 State, foreign operations, and related programs may 

12 be made available for private sector partnership pro13 grams for the West Bank and Gaza if such funds are 

14 authorized: Provided, That funds made available pur15 suant to this paragraph shall be subject to prior con16 sultation with the appropriate congressional commit17 tees, and the regular notification procedures of the 

18 Committees on Appropriations. 

19 (5) SECURITY REPORT.—The reporting require20 ments in section 1404 of the Supplemental Appro21 priations Act, 2008 (Public Law 110–252) shall 

22 apply to funds made available by this Act, including 

23 a description of modifications, if any, to the security 

24 strategy of the Palestinian Authority. 
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•HR 1865 EAH 

1 (6) INCITEMENT REPORT.—Not later than 90 

2 days after enactment of this Act, the Secretary of 

3 State shall submit a report to the appropriate con4 gressional committees detailing steps taken by the 

5 Palestinian Authority to counter incitement of vio6 lence against Israelis and to promote peace and coex7 istence with Israel. 

8 (l) YEMEN.—Funds appropriated under title III of 

9 this Act and prior Acts making appropriations for the De10 partment of State, foreign operations, and related programs 

11 shall be made available for stabilization assistance for 

12 Yemen. 

13 AFRICA

14 SEC. 7042. (a) AFRICAN GREAT LAKES REGION AS15 SISTANCE RESTRICTION.—Funds appropriated by this Act 

16 under the heading ‘‘International Military Education and 

17 Training’’ for the central government of a country in the 

18 African Great Lakes region may be made available only 

19 for Expanded International Military Education and 

20 Training and professional military education until the Sec21 retary of State determines and reports to the Committees 

22 on Appropriations that such government is not facilitating 

23 or otherwise participating in destabilizing activities in a 

24 neighboring country, including aiding and abetting armed 

25 groups. 
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1 (b) CAMEROON.—Funds appropriated under title IV 

2 of this Act that are made available for assistance for the 

3 armed forces of Cameroon, including the Rapid Interven4 tion Battalion, may only be made available to counter re5 gional terrorism, including Boko Haram and other Islamic 

6 State affiliates, participate in international peacekeeping 

7 operations, and for military education and maritime secu8 rity programs. 

9 (c) CENTRAL AFRICAN REPUBLIC.—Of the funds ap10 propriated by this Act under the heading ‘‘Economic Sup11 port Fund’’, not less than $3,000,000 shall be made avail12 able for a contribution to the Special Criminal Court in 

13 Central African Republic. 

14 (d) DEMOCRATIC REPUBLIC OF THE CONGO.—Funds 

15 appropriated by this Act under titles III and IV shall be 

16 made available for assistance for the Democratic Republic 

17 of the Congo for stabilization, global health, and bilateral 

18 economic assistance, including in areas affected by, and at 

19 risk from, the Ebola virus disease. 

20 (e) LAKE CHAD BASIN COUNTRIES.—Funds appro21 priated under titles III and IV of this Act shall be made 

22 available, following consultation with the Committees on 

23 Appropriations, for assistance for Cameroon, Chad, Niger, 

24 and Nigeria for— 
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•HR 1865 EAH 

1 (1) democracy, development, and health pro2 grams; 

3 (2) assistance for individuals targeted by foreign 

4 terrorist and other extremist organizations, including 

5 Boko Haram, consistent with the provisions of section 

6 7059 of this Act; 

7 (3) assistance for individuals displaced by vio8 lent conflict; and 

9 (4) counterterrorism programs. 

10 (f) MALAWI.—Of the funds appropriated by this Act 

11 under the heading ‘‘Development Assistance’’, not less than 

12 $60,000,000 shall be made available for assistance for Ma13 lawi, of which up to $10,000,000 shall be made available 

14 for higher education programs. 

15 (g) SAHEL STABILIZATION AND SECURITY.—Funds 

16 appropriated under titles III and IV of this Act shall be 

17 made available for stabilization, health, development, and 

18 security programs in the countries of the Sahel region. 

19 (h) SOUTH SUDAN.— 

20 (1) ASSISTANCE.—Of the funds appropriated 

21 under title III of this Act that are made available for 

22 assistance for South Sudan, not less than $15,000,000 

23 shall be made available for democracy programs and 

24 not less than $8,000,000 shall be made available for 

25 conflict mitigation and reconciliation programs. 
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•HR 1865 EAH 

1 (2) LIMITATION ON ASSISTANCE FOR THE CEN2 TRAL GOVERNMENT.—Funds appropriated by this Act 

3 that are made available for assistance for the central 

4 Government of South Sudan may only be made avail5 able, following consultation with the Committees on 

6 Appropriations, for— 

7 (A) humanitarian assistance; 

8 (B) health programs, including to prevent, 

9 detect, and respond to the Ebola virus disease; 

10 (C) assistance to support South Sudan 

11 peace negotiations or to advance or implement a 

12 peace agreement; and 

13 (D) assistance to support implementation of 

14 outstanding issues of the Comprehensive Peace 

15 Agreement and mutual arrangements related to 

16 such agreement: 

17 Provided, That prior to the initial obligation of funds made 

18 available pursuant to subparagraphs (C) and (D), the Sec19 retary of State shall consult with the Committees on Appro20 priations on the intended uses of such funds and steps taken 

21 by such government to advance or implement a peace agree22 ment. 

23 (i) SUDAN.— 

24 (1) LIMITATIONS ON ASSISTANCE AND LOANS.— 

25 (A) Notwithstanding any other provision of law, none 
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•HR 1865 EAH 

1 of the funds appropriated by this Act may be made 

2 available for assistance for the Government of Sudan. 

3 (B) None of the funds appropriated by this Act 

4 may be made available for the cost, as defined in sec5 tion 502 of the Congressional Budget Act of 1974, of 

6 modifying loans and loan guarantees held by the Gov7 ernment of Sudan, including the cost of selling, reduc8 ing, or canceling amounts owed to the United States, 

9 and modifying concessional loans, guarantees, and 

10 credit agreements. 

11 (2) EXCLUSIONS.—The limitations of paragraph 

12 (1) shall not apply to— 

13 (A) humanitarian assistance; 

14 (B) assistance for democracy, health, agri15 culture, economic growth, and education pro16 grams; 

17 (C) assistance for the Darfur region, South18 ern Kordofan State, Blue Nile State, other 

19 marginalized areas and populations in Sudan, 

20 and Abyei; and 

21 (D) assistance to support implementation of 

22 outstanding issues of the Comprehensive Peace 

23 Agreement, mutual arrangements related to post24 referendum issues associated with such Agree-
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•HR 1865 EAH 

1 ment, or any other viable peace agreement in 

2 Sudan. 

3 (3) CONSULTATION.—Funds appropriated by 

4 this Act and prior Acts making appropriations for 

5 the Department of State, foreign operations, and re6 lated programs that are made available for any new 

7 program or activity in Sudan shall be subject to prior 

8 consultation with the appropriate congressional com9 mittees. 

10 (j) ZIMBABWE.— 

11 (1) INSTRUCTION.—The Secretary of the Treas12 ury shall instruct the United States executive director 

13 of each international financial institution to vote 

14 against any extension by the respective institution of 

15 any loan or grant to the Government of Zimbabwe, 

16 except to meet basic human needs or to promote de17 mocracy, unless the Secretary of State certifies and 

18 reports to the Committees on Appropriations that the 

19 rule of law has been restored, including respect for 

20 ownership and title to property, and freedoms of ex21 pression, association, and assembly. 

22 (2) LIMITATION.—None of the funds appro23 priated by this Act shall be made available for assist24 ance for the central Government of Zimbabwe, except 
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•HR 1865 EAH 

1 for health and education, unless the Secretary of State 

2 certifies and reports as required in paragraph (1). 

3 EAST ASIA AND THE PACIFIC

4 SEC. 7043. (a) BURMA.— 

5 (1) BILATERAL ECONOMIC ASSISTANCE.—(A) Of 

6 the funds appropriated under title III of this Act, not 

7 less than $131,450,000 shall be made available for as8 sistance for Burma: Provided, That such funds may 

9 be made available notwithstanding any other provi10 sion of law and following consultation with the ap11 propriate congressional committees: Provided further, 

12 That such funds shall be made available for programs 

13 to promote ethnic and religious tolerance and to com14 bat gender-based violence, including in Kachin, 

15 Karen, Rakhine, and Shan states: Provided further, 

16 That such funds may be made available for ethnic 

17 groups and civil society in Burma to help sustain 

18 ceasefire agreements and further prospects for rec19 onciliation and peace, which may include support to 

20 representatives of ethnic armed groups for this pur21 pose. 

22 (B) Funds appropriated under title III of this 

23 Act for assistance for Burma shall be made available 

24 for community-based organizations operating in 

25 Thailand to provide food, medical, and other humani-
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•HR 1865 EAH 

1 tarian assistance to internally displaced persons in 

2 eastern Burma, in addition to assistance for Burmese 

3 refugees from funds appropriated by this Act under 

4 the heading ‘‘Migration and Refugee Assistance’’: Pro5 vided, That such funds may be available for programs 

6 to support the return of Kachin, Karen, Rohingya, 

7 Shan, and other refugees and internally displaced 

8 persons to their locations of origin or preference in 

9 Burma only if such returns are voluntary and con10 sistent with international law. 

11 (C) Funds appropriated under title III of this 

12 Act for assistance for Burma that are made available 

13 for assistance for the Government of Burma to sup14 port the implementation of Nationwide Ceasefire 

15 Agreement conferences, committees, and other proce16 dures may only be made available if the Secretary of 

17 State reports to the Committees on Appropriations 

18 that such conferences, committees, and procedures are 

19 directed toward a sustainable peace and the Govern20 ment of Burma is implementing its commitments 

21 under such Agreement. 

22 (2) INTERNATIONAL SECURITY ASSISTANCE.— 

23 None of the funds appropriated by this Act under the 

24 headings ‘‘International Military Education and 

25 Training’’ and ‘‘Foreign Military Financing Pro-
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1 gram’’ may be made available for assistance for 

2 Burma: Provided, That the Department of State may 

3 continue consultations with the armed forces of 

4 Burma only on human rights and disaster response 

5 in a manner consistent with the prior fiscal year, and 

6 following consultation with the appropriate congres7 sional committees. 

8 (3) LIMITATIONS.—None of the funds appro9 priated under title III of this Act for assistance for 

10 Burma may be made available to any organization or 

11 entity controlled by the armed forces of Burma, or to 

12 any individual or organization that advocates vio13 lence against ethnic or religious groups or individuals 

14 in Burma, as determined by the Secretary of State 

15 for programs administered by the Department of 

16 State and USAID or the President of the National 

17 Endowment for Democracy (NED) for programs ad18 ministered by NED. 

19 (4) CONSULTATION.—Any new program or activ20 ity in Burma initiated in fiscal year 2020 shall be 

21 subject to prior consultation with the appropriate 

22 congressional committees. 

23 (b) CAMBODIA.— 
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1 (1) ASSISTANCE.—Of the funds appropriated 

2 under title III of this Act, not less than $82,505,000 

3 shall be made available for assistance for Cambodia. 

4 (2) CERTIFICATION AND EXCEPTIONS.— 

5 (A) CERTIFICATION.—None of the funds ap6 propriated by this Act that are made available 

7 for assistance for the Government of Cambodia 

8 may be obligated or expended unless the Sec9 retary of State certifies and reports to the Com10 mittees on Appropriations that such Government 

11 is taking effective steps to— 

12 (i) strengthen regional security and 

13 stability, particularly regarding territorial 

14 disputes in the South China Sea and the 

15 enforcement of international sanctions with 

16 respect to North Korea; 

17 (ii) assert its sovereignty against inter18 ference by the People’s Republic of China, 

19 including by verifiably maintaining the 

20 neutrality of Ream Naval Base, other mili21 tary installations in Cambodia, and dual 

22 use facilities such as the Dara Sakor devel23 opment project; and 

24 (iii) respect the rights, freedoms, and 

25 responsibilities enshrined in the Constitu-
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1 tion of the Kingdom of Cambodia as en2 acted in 1993. 

3 (B) EXCEPTIONS.—The certification re4 quired by subparagraph (A) shall not apply to 

5 funds appropriated by this Act and made avail6 able for democracy, health, education, and envi7 ronment programs, programs to strengthen the 

8 sovereignty of Cambodia, and programs to edu9 cate and inform the people of Cambodia of the 

10 influence efforts of the People’s Republic of China 

11 in Cambodia. 

12 (3) USES OF FUNDS.—Funds appropriated 

13 under title III of this Act for assistance for Cambodia 

14 shall be made available for— 

15 (A) research and education programs asso16 ciated with the Khmer Rouge in Cambodia; and 

17 (B) programs in the Khmer language to 

18 monitor, map, and publicize the efforts by the 

19 People’s Republic of China to expand its influ20 ence in Cambodia, including in Sihanoukville, 

21 Bavet, Poipet, Koh Kong, and areas bordering 

22 Vietnam. 

23 (c) INDO-PACIFIC STRATEGY AND THE ASIA REASSUR24 ANCE INITIATIVE ACT OF 2018.— 
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1 (1) ASSISTANCE.—Of the funds appropriated 

2 under titles III and IV of this Act, not less than 

3 $1,482,000,000 shall be made available to support the 

4 implementation of the Indo-Pacific Strategy and the 

5 Asia Reassurance Initiative Act of 2018 (Public Law 

6 115–409). 

7 (2) COUNTERING CHINESE INFLUENCE FUND.— 

8 Of the funds appropriated by this Act under the head9 ings ‘‘Development Assistance’’, ‘‘Economic Support 

10 Fund’’, ‘‘International Narcotics Control and Law 

11 Enforcement’’, ‘‘Nonproliferation, Anti-terrorism, 

12 Demining and Related Programs’’, and ‘‘Foreign 

13 Military Financing Program’’, not less than 

14 $300,000,000 shall be made available for a Coun15 tering Chinese Influence Fund to counter the influ16 ence of the People’s Republic of China globally, which 

17 shall be subject to prior consultation with the Com18 mittees on Appropriations: Provided, That such funds 

19 are in addition to amounts otherwise made available 

20 for such purposes: Provided further, That such funds 

21 appropriated under such headings may be transferred 

22 to, and merged with, funds appropriated under such 

23 headings: Provided further, That such transfer au24 thority is in addition to any other transfer authority 

25 provided by this Act or any other Act, and is subject 
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1 to the regular notification procedures of the Commit2 tees on Appropriations. 

3 (3) RESTRICTION ON USES OF FUNDS.—None of 

4 the funds appropriated by this Act and prior Acts 

5 making appropriations for the Department of State, 

6 foreign operations, and related programs may be 

7 made available for any project or activity that di8 rectly supports or promotes— 

9 (A) the Belt and Road Initiative or any 

10 dual-use infrastructure projects of the People’s 

11 Republic of China; and 

12 (B) the use of technology, including bio13 technology, digital, telecommunications, and 

14 cyber, developed by the People’s Republic of 

15 China unless the Secretary of State, in consulta16 tion with the USAID Administrator and the 

17 Chief Executive Officer of the United States 

18 International Development Finance Corporation, 

19 as appropriate, determines that such use does not 

20 adversely impact the national security of the 

21 United States. 

22 (d) LAOS.—Of the funds appropriated under title III 

23 of this Act, not less than $34,280,000 shall be made avail24 able for assistance for Laos. 

25 (e) NORTH KOREA.— 
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•HR 1865 EAH 

1 (1) CYBERSECURITY.—None of the funds appro2 priated by this Act or prior Acts making appropria3 tions for the Department of State, foreign operations, 

4 and related programs may be made available for as5 sistance for the central government of a country the 

6 Secretary of State determines and reports to the ap7 propriate congressional committees engages in signifi8 cant transactions contributing materially to the mali9 cious cyber-intrusion capabilities of the Government 

10 of North Korea: Provided, That the Secretary of State 

11 shall submit the report required by section 209 of the 

12 North Korea Sanctions and Policy Enhancement Act 

13 of 2016 (Public Law 114–122; 22 U.S.C. 9229) to the 

14 Committees on Appropriations: Provided further, 

15 That the Secretary of State may waive the applica16 tion of the restriction in this paragraph with respect 

17 to assistance for the central government of a country 

18 if the Secretary determines and reports to the appro19 priate congressional committees that to do so is im20 portant to the national security interest of the United 

21 States, including a description of such interest served. 

22 (2) BROADCASTS.—Funds appropriated by this 

23 Act under the heading ‘‘International Broadcasting 

24 Operations’’ shall be made available to maintain 
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1 broadcasting hours into North Korea at levels not less 

2 than the prior fiscal year. 

3 (3) HUMAN RIGHTS PROMOTION AND LIMITATION

4 ON USE OF FUNDS.—(A) Funds appropriated by this 

5 Act under the headings ‘‘Economic Support Fund’’ 

6 and ‘‘Democracy Fund’’ shall be made available for 

7 the promotion of human rights in North Korea: Pro8 vided, That the authority of section 7032(b)(1) of this 

9 Act shall apply to such funds. 

10 (B) None of the funds made available by this Act 

11 under the heading ‘‘Economic Support Fund’’ may be 

12 made available for assistance for the Government of 

13 North Korea. 

14 (f) PEOPLE’S REPUBLIC OF CHINA.— 

15 (1) LIMITATION ON USE OF FUNDS.—None of the 

16 funds appropriated under the heading ‘‘Diplomatic 

17 Programs’’ in this Act may be obligated or expended 

18 for processing licenses for the export of satellites of 

19 United States origin (including commercial satellites 

20 and satellite components) to the People’s Republic of 

21 China (PRC) unless, at least 15 days in advance, the 

22 Committees on Appropriations are notified of such 

23 proposed action. 

24 (2) PEOPLE’S LIBERATION ARMY.—The terms 

25 and requirements of section 620(h) of the Foreign As-
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•HR 1865 EAH 

1 sistance Act of 1961 shall apply to foreign assistance 

2 projects or activities of the People’s Liberation Army 

3 (PLA) of the PRC, to include such projects or activi4 ties by any entity that is owned or controlled by, or 

5 an affiliate of, the PLA: Provided, That none of the 

6 funds appropriated or otherwise made available pur7 suant to this Act may be used to finance any grant, 

8 contract, or cooperative agreement with the PLA, or 

9 any entity that the Secretary of State has reason to 

10 believe is owned or controlled by, or an affiliate of, 

11 the PLA. 

12 (3) UNITED STATES-CHINA FRIENDSHIP VOLUN13 TEER PROGRAM.—Not later than 90 days after enact14 ment of this Act and following consultation with the 

15 heads of other relevant Federal agencies, the Director 

16 of the Peace Corps shall submit a report to the appro17 priate congressional committees on the United States18 China Friendship Volunteer Program, including a de19 scription of program coordination, implementation, 

20 and oversight, and the goals and objectives served: 

21 Provided, That the Director shall also consult with 

22 the Committees on Appropriations on such report. 

23 (4) HONG KONG.— 

24 (A) DEMOCRACY PROGRAMS.—Of the funds 

25 appropriated by this Act under the heading ‘‘De-
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•HR 1865 EAH 

1 mocracy Fund’’ for the Human Rights and De2 mocracy Fund of the Bureau of Democracy, 

3 Human Rights, and Labor, Department of State, 

4 not less than $1,500,000 shall be made available 

5 for democracy programs for Hong Kong, includ6 ing legal and other support for democracy activ7 ists. 

8 (B) REPORT.—Funds appropriated under 

9 title I of this Act shall be made available to pre10 pare and submit to Congress the report required 

11 by section 301 of the United States-Hong Kong 

12 Policy Act of 1992 (22 U.S.C. 5731), which shall 

13 also include a description of— 

14 (i) efforts by the Hong Kong authori15 ties and the Government of the People’s Re16 public of China to prevent free assembly 

17 and communications by the people of Hong 

18 Kong; 

19 (ii) the technical surveillance equip20 ment and methods used by the Hong Kong 

21 authorities and the Government of the Peo22 ple’s Republic of China to monitor the 

23 movement and communications of the Hong 

24 Kong population; 
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1 (iii) the application of social and po2 litical control tools developed by the Govern3 ment of the People’s Republic of China and 

4 used by such Government and the Hong 

5 Kong authorities in Hong Kong; 

6 (iv) the disinformation and political 

7 influence campaigns conducted by the Gov8 ernment of the People’s Republic of China 

9 in Hong Kong and overseas with respect to 

10 the situation in Hong Kong; and 

11 (v) the mission and activities of the 

12 People’s Armed Police, the People’s Libera13 tion Army, the Ministries of Public Secu14 rity and State Security in Beijing, the Gov15 ernment of the People’s Republic of China, 

16 and other Chinese security forces in Hong 

17 Kong, including their respective roles in 

18 human rights abuses against the people of 

19 Hong Kong. 

20 (g) PHILIPPINES.—None of the funds appropriated by 

21 this Act under the heading ‘‘International Narcotics Control 

22 and Law Enforcement’’ may be made available for counter23 narcotics assistance for the Philippines, except for drug de24 mand reduction, maritime law enforcement, or 

25 transnational interdiction. 
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1 (h) TIBET.— 

2 (1) FINANCING OF PROJECTS IN TIBET.—The 

3 Secretary of the Treasury should instruct the United 

4 States executive director of each international finan5 cial institution to use the voice and vote of the United 

6 States to support financing of projects in Tibet if 

7 such projects do not provide incentives for the migra8 tion and settlement of non-Tibetans into Tibet or fa9 cilitate the transfer of ownership of Tibetan land and 

10 natural resources to non-Tibetans, are based on a 

11 thorough needs-assessment, foster self-sufficiency of the 

12 Tibetan people and respect Tibetan culture and tradi13 tions, and are subject to effective monitoring. 

14 (2) PROGRAMS FOR TIBETAN COMMUNITIES.—(A) 

15 Notwithstanding any other provision of law, of the 

16 funds appropriated by this Act under the heading 

17 ‘‘Economic Support Fund’’, not less than $8,000,000 

18 shall be made available to nongovernmental organiza19 tions to support activities which preserve cultural tra20 ditions and promote sustainable development, edu21 cation, and environmental conservation in Tibetan 

22 communities in the Tibet Autonomous Region and in 

23 other Tibetan communities in China. 

24 (B) Of the funds appropriated by this Act under 

25 the heading ‘‘Economic Support Fund’’, not less than 
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1 $6,000,000 shall be made available for programs to 

2 promote and preserve Tibetan culture and language 

3 in the refugee and diaspora Tibetan communities, de4 velopment, and the resilience of Tibetan communities 

5 and the Central Tibetan Administration in India and 

6 Nepal, and to assist in the education and development 

7 of the next generation of Tibetan leaders from such 

8 communities: Provided, That such funds are in addi9 tion to amounts made available in subparagraph (A) 

10 for programs inside Tibet. 

11 (C) Of the funds appropriated by this Act under 

12 the heading ‘‘Economic Support Fund’’, not less than 

13 $3,000,000 shall be made available for programs to 

14 strengthen the capacity of the Central Tibetan Ad15 ministration: Provided, That such funds shall be ad16 ministered by the United States Agency for Inter17 national Development. 

18 (i) VIETNAM.—Of the funds appropriated under titles 

19 III and IV of this Act, not less than $159,634,000 shall be 

20 made available for assistance for Vietnam, of which not less 

21 than— 

22 (1) $13,000,000 shall be made available for 

23 health and disability programs in areas sprayed with 

24 Agent Orange and contaminated with dioxin, to as25 sist individuals with severe upper or lower body mo-
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1 bility impairment or cognitive or developmental dis2 abilities; 

3 (2) $20,000,000 shall be made available, notwith4 standing any other provision of law, for activities re5 lated to the remediation of dioxin contaminated sites 

6 in Vietnam and may be made available for assistance 

7 for the Government of Vietnam, including the mili8 tary, for such purposes; and 

9 (3) $1,500,000 shall be made available for a war 

10 legacy reconciliation program. 

11 SOUTH AND CENTRAL ASIA

12 SEC. 7044. (a) AFGHANISTAN.— 

13 (1) FUNDING AND LIMITATIONS.—Funds appro14 priated by this Act under the headings ‘‘Economic 

15 Support Fund’’ and ‘‘International Narcotics Control 

16 and Law Enforcement’’ that are made available for 

17 assistance for Afghanistan— 

18 (A) shall be made available to implement 

19 the South Asia Strategy, the Revised Strategy for 

20 United States Engagement in Afghanistan, and 

21 the United States Agency for International De22 velopment Country Development Cooperation 

23 Strategy for Afghanistan; 

24 (B) shall be made available to continue sup25 port for institutions of higher education in 
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1 Kabul, Afghanistan that are accessible to both 

2 women and men in a coeducational environ3 ment, including for the costs for operations and 

4 security for such institutions; 

5 (C) shall be made available for programs 

6 that protect and strengthen the rights of Afghan 

7 women and girls and promote the political and 

8 economic empowerment of women including their 

9 meaningful inclusion in political processes: Pro10 vided, That such assistance to promote the eco11 nomic empowerment of women shall be made 

12 available as grants to Afghan organizations, to 

13 the maximum extent practicable; and 

14 (D) may not be made available for any pro15 gram, project, or activity pursuant to section 

16 7044(a)(1)(C) of the Department of State, For17 eign Operations, and Related Programs Appro18 priations Act, 2019 (division F of Public Law 

19 116–6). 

20 (2) AFGHAN WOMEN.— 

21 (A) IN GENERAL.—The Secretary of State 

22 shall promote the meaningful participation of 

23 Afghan women in ongoing peace and reconcili24 ation processes in Afghanistan in a manner con25 sistent with the Women, Peace, and Security Act 
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1 of 2017 (Public Law 115–68), including advo2 cacy for the inclusion of Afghan women leaders 

3 in ongoing and future dialogue and negotiations 

4 and efforts to ensure that any peace agreement 

5 reached with the Taliban protects the rights of 

6 women and girls and ensures their freedom of 

7 movement, rights to education and work, and ac8 cess to healthcare and legal representation. 

9 (B) ASSISTANCE.—Funds appropriated by 

10 this Act and prior Acts making appropriations 

11 for the Department of State, foreign operations, 

12 and related programs under the heading ‘‘Eco13 nomic Support Fund’’ shall be made available 

14 for an endowment pursuant to paragraph 

15 (3)(A)(iv) of this subsection for an institution of 

16 higher education in Kabul, Afghanistan that is 

17 accessible to both women and men in a coeduca18 tional environment: Provided, That such endow19 ment shall be established in partnership with a 

20 United States-based American higher education 

21 institution that will serve on its board of trust22 ees: Provided further, That prior to the obliga23 tion of funds for such an endowment, the Admin24 istrator of the United States Agency for Inter25 national Development shall submit a report to 
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1 the Committees on Appropriations describing the 

2 governance structure, including a proposed board 

3 of trustees, and financial safeguards, including 

4 regular audit and reporting requirements, in 

5 any endowment agreement: Provided further, 

6 That the USAID Administrator shall provide a 

7 report on the expenditure of funds generated 

8 from such an endowment to the Committees on 

9 Appropriations on an annual basis. 

10 (3) AUTHORITIES.— 

11 (A) Funds appropriated by this Act under 

12 titles III through VI that are made available for 

13 assistance for Afghanistan may be made avail14 able— 

15 (i) notwithstanding section 7012 of 

16 this Act or any similar provision of law 

17 and section 660 of the Foreign Assistance 

18 Act of 1961; 

19 (ii) for reconciliation programs and 

20 disarmament, demobilization, and re21 integration activities for former combatants 

22 who have renounced violence against the 

23 Government of Afghanistan, including in 

24 accordance with section 7046(a)(2)(B)(ii) of 

25 the Department of State, Foreign Oper-
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1 ations, and Related Programs Appropria2 tions Act, 2012 (division I of Public Law 

3 112–74); 

4 (iii) for an endowment to empower 

5 women and girls; and 

6 (iv) for an endowment for higher edu7 cation. 

8 (B) Section 7046(a)(2)(A) of the Depart9 ment of State, Foreign Operations, and Related 

10 Programs Appropriations Act, 2012 (division I 

11 of Public Law 112–74) shall apply to funds ap12 propriated by this Act for assistance for Afghani13 stan. 

14 (C) Of the funds appropriated by this Act 

15 under the heading ‘‘Diplomatic Programs’’, up 

16 to $3,000,000 may be transferred to any other 

17 appropriation of any department or agency of 

18 the United States Government, upon the concur19 rence of the head of such department or agency, 

20 to support operations in, and assistance for, Af21 ghanistan and to carry out the provisions of the 

22 Foreign Assistance Act of 1961: Provided, That 

23 any such transfer shall be subject to the regular 

24 notification procedures of the Committees on Ap25 propriations. 
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1 (4) AGREEMENT AND CERTIFICATION.—Funds 

2 appropriated by this Act shall be made available for 

3 the following purposes— 

4 (A) the submission to the appropriate con5 gressional committees by the President of a copy 

6 of any agreement or arrangement between the 

7 Government of the United States and the 

8 Taliban relating to the United States presence in 

9 Afghanistan or Taliban commitments on the fu10 ture of Afghanistan, which shall be submitted not 

11 later than 30 days after finalizing such an 

12 agreement or arrangement; and 

13 (B) the submission to the appropriate con14 gressional committees of a joint certification by 

15 the Secretary of State and Secretary of Defense 

16 that such agreement or arrangement will further 

17 the objective of setting conditions for the long18 term defeat of al Qaeda and Islamic State and 

19 will not make the United States more vulnerable 

20 to terrorist attacks originating from Afghanistan 

21 or supported by terrorist elements in Afghani22 stan. 

23 (5) BASING RIGHTS AGREEMENT.—None of the 

24 funds made available by this Act may be used by the 

25 United States Government to enter into a permanent 
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1 basing rights agreement between the United States 

2 and Afghanistan. 

3 (b) BANGLADESH.—Of the funds appropriated under 

4 titles III and IV of this Act, not less than $198,323,000 

5 shall be made available for assistance for Bangladesh, of 

6 which— 

7 (1) not less than $23,500,000 shall be made 

8 available to address the needs of communities im9 pacted by refugees from Burma; 

10 (2) not less than $10,000,000 shall be made 

11 available for programs to protect freedom of expres12 sion and due process of law; and 

13 (3) not less than $23,300,000 shall be made 

14 available for democracy programs, of which not less 

15 than $2,000,000 shall be made available for such pro16 grams for the Rohingya community in Bangladesh. 

17 (c) NEPAL.— 

18 (1) ASSISTANCE.—Of the funds appropriated 

19 under titles III and IV of this Act, not less than 

20 $130,265,000 shall be made available for assistance 

21 for Nepal, including for earthquake recovery and re22 construction programs and democracy programs. 

23 (2) FOREIGN MILITARY FINANCING PROGRAM.— 

24 Funds appropriated by this Act under the heading 

25 ‘‘Foreign Military Financing Program’’ shall only be 
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1 made available for humanitarian and disaster relief 

2 and reconstruction activities in Nepal, and in sup3 port of international peacekeeping operations: Pro4 vided, That such funds may only be made available 

5 for any additional uses if the Secretary of State cer6 tifies and reports to the Committees on Appropria7 tions that the Government of Nepal is investigating 

8 and prosecuting violations of human rights and the 

9 laws of war, and the Nepal Army is cooperating fully 

10 with civilian judicial authorities in such cases. 

11 (d) PAKISTAN.— 

12 (1) TERMS AND CONDITIONS.—The terms and 

13 conditions of section 7044(c) of the Department of 

14 State, Foreign Operations, and Related Programs Ap15 propriations Act, 2019 (division F of Public Law 

16 116–6) shall continue in effect during fiscal year 

17 2020. 

18 (2) ASSISTANCE.—Of the funds appropriated 

19 under title III of this Act that are made available for 

20 assistance for Pakistan, not less than $15,000,000 

21 shall be made available for democracy programs and 

22 not less than $10,000,000 shall be made available for 

23 gender programs. 

24 (e) SRI LANKA.— 
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1 (1) ASSISTANCE.—Funds appropriated under 

2 title III of this Act shall be made available for assist3 ance for Sri Lanka for democracy and economic de4 velopment programs, particularly in areas recovering 

5 from ethnic and religious conflict: Provided, That 

6 such funds shall be made available for programs to 

7 assist in the identification and resolution of cases of 

8 missing persons. 

9 (2) CERTIFICATION.—Funds appropriated by 

10 this Act for assistance for the central Government of 

11 Sri Lanka, except for funds made available for hu12 manitarian assistance, victims of trauma, and tech13 nical assistance to promote fiscal transparency and 

14 sovereignty, may be made available only if the Sec15 retary of State certifies and reports to the Committees 

16 on Appropriations that such Government is taking ef17 fective and consistent steps to— 

18 (A) respect and uphold the rights and free19 doms of the people of Sri Lanka regardless of 

20 ethnicity and religious belief, including by inves21 tigating violations of human rights and holding 

22 perpetrators of such violations accountable; 

23 (B) assert its sovereignty against inter24 ference by the People’s Republic of China; and 
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1 (C) promote reconciliation between ethnic 

2 and religious groups arising from past conflict 

3 in Sri Lanka, including by addressing land con4 fiscation and ownership issues, resolving cases of 

5 missing persons, and reducing the presence of the 

6 armed forces in former conflict zones. 

7 (3) INTERNATIONAL SECURITY ASSISTANCE.—Of 

8 the funds appropriated by this Act under the heading 

9 ‘‘Foreign Military Financing Program’’, not to exceed 

10 $500,000 may be made available for assistance for 

11 Sri Lanka: Provided, That such funds may be made 

12 available only for programs to support humanitarian 

13 and disaster response preparedness and maritime se14 curity, including professionalization and training for 

15 the navy and coast guard: Provided further, That 

16 funds made available under the heading ‘‘Peace17 keeping Operations’’ may only be made available sub18 ject to the regular notification procedures of the Com19 mittees on Appropriations. 

20 (f) REGIONAL PROGRAMS.—Funds appropriated by 

21 this Act shall be made available for assistance for Afghani22 stan, Pakistan, and other countries in South and Central 

23 Asia to significantly increase the recruitment, training, 

24 and retention of women in the judiciary, police, and other 

25 security forces, and to train judicial and security personnel 
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1 in such countries to prevent and address gender-based vio2 lence, human trafficking, and other practices that dis3 proportionately harm women and girls. 

4 LATIN AMERICA AND THE CARIBBEAN

5 SEC. 7045. (a) CENTRAL AMERICA.— 

6 (1) ASSISTANCE.— 

7 (A) FISCAL YEAR 2020.—Of the funds ap8 propriated by this Act under titles III and IV, 

9 not less than $519,885,000 should be made avail10 able for assistance for Belize, Costa Rica, El Sal11 vador, Guatemala, Honduras, Nicaragua, and 

12 Panama, including through the Central America 

13 Regional Security Initiative: Provided, That 

14 such assistance shall be prioritized for programs 

15 and activities that addresses the key factors that 

16 contribute to the migration of unaccompanied, 

17 undocumented minors to the United States and 

18 such funds shall be made available for global 

19 health, humanitarian, development, democracy, 

20 border security, and law enforcement programs 

21 for such countries, including for programs to re22 duce violence against women and girls and to 

23 combat corruption, and for support of commis24 sions against corruption and impunity, as ap25 propriate: Provided further, That not less than 
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1 $45,000,000 shall be for support of offices of At2 torneys General and of other entities and activi3 ties to combat corruption and impunity in such 

4 countries. 

5 (B) FISCAL YEAR 2019.—Of the funds ap6 propriated under titles III and IV of the Depart7 ment of State, Foreign Operations, and Related 

8 Programs Appropriations Act, 2019 (division F 

9 of Public Law 116–6), not less than 

10 $527,600,000 should be made available for assist11 ance for Belize, Costa Rica, El Salvador, Guate12 mala, Honduras, Nicaragua, and Panama, in13 cluding through the Central America Regional 

14 Security Initiative: Provided, That such funds 

15 shall be made available subject to the conditions 

16 in paragraph (2) of this subsection and notwith17 standing paragraphs (1) and (2) of section 

18 7045(a) of the Department of State, Foreign Op19 erations, and Related Programs Appropriations 

20 Act, 2019 (division F of Public Law 116–6). 

21 (2) NORTHERN TRIANGLE.— 

22 (A) LIMITATION ON ASSISTANCE TO CER23 TAIN CENTRAL GOVERNMENTS.—Of the funds 

24 made available pursuant to paragraph (1) under 

25 the heading ‘‘Economic Support Fund’’ and 
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1 under title IV of this Act that are made available 

2 for assistance for each of the central governments 

3 of El Salvador, Guatemala, and Honduras, 50 

4 percent may only be obligated after the Secretary 

5 of State certifies and reports to the appropriate 

6 congressional committees that such government 

7 is— 

8 (i) combating corruption and impu9 nity, including prosecuting corrupt govern10 ment officials; 

11 (ii) implementing reforms, policies, 

12 and programs to increase transparency and 

13 strengthen public institutions; 

14 (iii) protecting the rights of civil soci15 ety, opposition political parties, and the 

16 independence of the media; 

17 (iv) providing effective and accountable 

18 law enforcement and security for its citi19 zens, and upholding due process of law; 

20 (v) implementing policies to reduce 

21 poverty and promote equitable economic 

22 growth and opportunity; 

23 (vi) supporting the independence of the 

24 judiciary and of electoral institutions; 

25 (vii) improving border security; 
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1 (viii) combating human smuggling and 

2 trafficking and countering the activities of 

3 criminal gangs, drug traffickers, and 

4 transnational criminal organizations; and 

5 (ix) informing its citizens of the dan6 gers of the journey to the southwest border 

7 of the United States. 

8 (B) REPROGRAMMING.—If the Secretary is 

9 unable to make the certification required by sub10 paragraph (A) for one or more of the govern11 ments, such assistance for such central govern12 ment shall be reprogrammed for assistance for 

13 other countries in Latin America and the Carib14 bean, notwithstanding the minimum funding re15 quirements of this subsection and of section 7019 

16 of this Act: Provided, That any such reprogram17 ming shall be subject to the regular notification 

18 procedures of the Committees on Appropriations. 

19 (C) EXCEPTIONS.—The limitation of sub20 paragraph (A) shall not apply to funds appro21 priated by this Act that are made available for— 

22 (i) the Mission to Support the Fight 

23 Against Corruption and Impunity in Hon24 duras, the International Commission 

25 Against Impunity in El Salvador, and sup-
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1 port of offices of Attorneys General and of 

2 other entities and activities related to com3 bating corruption and impunity; 

4 (ii) programs to combat gender-based 

5 violence; 

6 (iii) humanitarian assistance; and 

7 (iv) food security programs. 

8 (b) COLOMBIA.— 

9 (1) ASSISTANCE.—Of the funds appropriated by 

10 this Act under titles III and IV, not less than 

11 $448,253,000 shall be made available for assistance 

12 for Colombia: Provided, That such funds shall be 

13 made available for the programs and activities de14 scribed under this section in the explanatory state15 ment described in section 4 (in the matter preceding 

16 division A of this consolidated Act). 

17 (2) WITHHOLDING OF FUNDS.— 

18 (A) COUNTERNARCOTICS.—Of the funds ap19 propriated by this Act under the heading ‘‘Inter20 national Narcotics Control and Law Enforce21 ment’’ and made available for assistance for Co22 lombia, 20 percent may be obligated only after 

23 the Secretary of State certifies and reports to the 

24 Committees on Appropriations that the Govern25 ment of Colombia is continuing to implement a 
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1 national whole-of-government counternarcotics 

2 strategy intended to reduce by 50 percent cocaine 

3 production and coca cultivation levels in Colom4 bia by 2023. 

5 (B) HUMAN RIGHTS.—Of the funds appro6 priated by this Act under the heading ‘‘Foreign 

7 Military Financing Program’’ and made avail8 able for assistance for Colombia, 20 percent may 

9 be obligated only after the Secretary of State cer10 tifies and reports to the Committees on Appro11 priations that— 

12 (i) the Special Jurisdiction for Peace 

13 and other judicial authorities are taking ef14 fective steps to hold accountable perpetrators 

15 of gross violations of human rights in a 

16 manner consistent with international law, 

17 including for command responsibility, and 

18 sentence them to deprivation of liberty; 

19 (ii) the Government of Colombia is 

20 taking effective steps to prevent attacks 

21 against human rights defenders and other 

22 civil society activists, trade unionists, and 

23 journalists, and judicial authorities are 

24 prosecuting those responsible for such at25 tacks; and 
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1 (iii) senior military officers responsible 

2 for ordering, committing, and covering up 

3 cases of false positives are being held ac4 countable, including removal from active 

5 duty if found guilty through criminal or 

6 disciplinary proceedings. 

7 (3) EXCEPTIONS.—The limitations of paragraph 

8 (2) shall not apply to funds made available for avia9 tion instruction and maintenance, and maritime and 

10 riverine security programs. 

11 (4) AUTHORITY.—Aircraft supported by funds 

12 appropriated by this Act and prior Acts making ap13 propriations for the Department of State, foreign op14 erations, and related programs and made available 

15 for assistance for Colombia may be used to transport 

16 personnel and supplies involved in drug eradication 

17 and interdiction, including security for such activi18 ties, and to provide transport in support of alter19 native development programs and investigations by 

20 civilian judicial authorities. 

21 (5) LIMITATION.—None of the funds appro22 priated by this Act or prior Acts making appropria23 tions for the Department of State, foreign operations, 

24 and related programs that are made available for as25 sistance for Colombia may be made available for pay-
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1 ment of reparations to conflict victims or compensa2 tion to demobilized combatants associated with a 

3 peace agreement between the Government of Colombia 

4 and illegal armed groups. 

5 (c) HAITI.— 

6 (1) CERTIFICATION.—Funds appropriated by 

7 this Act under the heading ‘‘Economic Support 

8 Fund’’ that are made available for assistance for 

9 Haiti may not be made available for assistance for 

10 the central Government of Haiti unless the Secretary 

11 of State certifies and reports to the Committees on 

12 Appropriations that such government is taking effec13 tive steps, which are steps taken since the certification 

14 and report submitted during the prior year, if appli15 cable, to— 

16 (A) strengthen the rule of law in Haiti, in17 cluding by— 

18 (i) selecting judges in a transparent 

19 manner based on merit; 

20 (ii) reducing pre-trial detention; 

21 (iii) respecting the independence of the 

22 judiciary; and 

23 (iv) improving governance by imple24 menting reforms to increase transparency 
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1 and accountability, including through the 

2 penal and criminal codes; 

3 (B) combat corruption, including by imple4 menting the anti-corruption law enacted in 2014 

5 and prosecuting corrupt officials; 

6 (C) increase government revenues, including 

7 by implementing tax reforms, and increasing ex8 penditures on public services; and 

9 (D) resolve commercial disputes between 

10 United States entities and the Government of 

11 Haiti. 

12 (2) HAITIAN COAST GUARD.—The Government of 

13 Haiti shall be eligible to purchase defense articles and 

14 services under the Arms Export Control Act (22 

15 U.S.C. 2751 et seq.) for the Coast Guard. 

16 (3) LIMITATION.—None of the funds made avail17 able by this Act may be used to provide assistance to 

18 the armed forces of Haiti. 

19 (d) THE CARIBBEAN.—Of the funds appropriated by 

20 this Act under titles III and IV, not less than $60,000,000 

21 shall be made available for the Caribbean Basin Security 

22 Initiative. 

23 (e) VENEZUELA.— 

24 (1) Of the funds appropriated by this Act under 

25 the heading ‘‘Economic Support Fund’’, not less than 
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1 $30,000,000 shall be made available for democracy 

2 programs for Venezuela. 

3 (2) Funds appropriated under title III of this 

4 Act and prior Acts making appropriations for the De5 partment of State, foreign operations, and related 

6 programs shall be made available for assistance for 

7 communities in countries supporting or otherwise im8 pacted by refugees from Venezuela, including Colom9 bia, Peru, Ecuador, Curacao, and Trinidad and To10 bago: Provided, That such amounts are in addition to 

11 funds otherwise made available for assistance for such 

12 countries, subject to prior consultation with, and the 

13 regular notification procedures of, the Committees on 

14 Appropriations. 

15 EUROPE AND EURASIA

16 SEC. 7046. (a) ASSISTANCE.— 

17 (1) GEORGIA.—Of the funds appropriated by 

18 this Act under titles III and IV, not less than 

19 $132,025,000 shall be made available for assistance 

20 for Georgia. 

21 (2) UKRAINE.—Of the funds appropriated by 

22 this Act under titles III and IV, not less than 

23 $448,000,000 shall be made available for assistance 

24 for Ukraine. 
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1 (b) LIMITATION.—None of the funds appropriated by 

2 this Act may be made available for assistance for a govern3 ment of an Independent State of the former Soviet Union 

4 if such government directs any action in violation of the 

5 territorial integrity or national sovereignty of any other 

6 Independent State of the former Soviet Union, such as those 

7 violations included in the Helsinki Final Act: Provided, 

8 That except as otherwise provided in section 7047(a) of this 

9 Act, funds may be made available without regard to the 

10 restriction in this subsection if the President determines 

11 that to do so is in the national security interest of the 

12 United States: Provided further, That prior to executing the 

13 authority contained in the previous proviso, the Secretary 

14 of State shall consult with the Committees on Appropria15 tions on how such assistance supports the national security 

16 interest of the United States. 

17 (c) SECTION 907 OF THE FREEDOM SUPPORT ACT.— 

18 Section 907 of the FREEDOM Support Act (22 U.S.C. 

19 5812 note) shall not apply to— 

20 (1) activities to support democracy or assistance 

21 under title V of the FREEDOM Support Act (22 

22 U.S.C. 5851 et seq.) and section 1424 of the Defense 

23 Against Weapons of Mass Destruction Act of 1996 (50 

24 U.S.C. 2333) or non-proliferation assistance; 
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1 (2) any assistance provided by the Trade and 

2 Development Agency under section 661 of the Foreign 

3 Assistance Act of 1961; 

4 (3) any activity carried out by a member of the 

5 United States and Foreign Commercial Service while 

6 acting within his or her official capacity; 

7 (4) any insurance, reinsurance, guarantee, or 

8 other assistance provided by the United States Inter9 national Development Finance Corporation as au10 thorized by the BUILD Act of 2018 (division F of 

11 Public Law 115–254); 

12 (5) any financing provided under the Export13 Import Bank Act of 1945 (Public Law 79–173); or 

14 (6) humanitarian assistance. 

15 (d) TURKEY.—None of the funds made available by 

16 this Act may be used to facilitate or support the sale of 

17 defense articles or defense services to the Turkish Presi18 dential Protection Directorate (TPPD) under Chapter 2 of 

19 the Arms Export Control Act (22 U.S.C. 2761 et seq.) unless 

20 the Secretary of State determines and reports to the appro21 priate congressional committees that members of the TPPD 

22 that are named in the July 17, 2017, indictment by the 

23 Superior Court of the District of Columbia, and against 

24 whom there are pending charges, have returned to the 

25 United States to stand trial in connection with the offenses 
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1 contained in such indictment or have otherwise been 

2 brought to justice: Provided, That the limitation in this 

3 paragraph shall not apply to the use of funds made avail4 able by this Act for border security purposes, for North At5 lantic Treaty Organization or coalition operations, or to 

6 enhance the protection of United States officials and facili7 ties in Turkey. 

8 COUNTERING RUSSIAN INFLUENCE AND AGGRESSION

9 SEC. 7047. (a) LIMITATION.—None of the funds appro10 priated by this Act may be made available for assistance 

11 for the central Government of the Russian Federation. 

12 (b) ANNEXATION OF CRIMEA.— 

13 (1) PROHIBITION.—None of the funds appro14 priated by this Act may be made available for assist15 ance for the central government of a country that the 

16 Secretary of State determines and reports to the Com17 mittees on Appropriations has taken affirmative steps 

18 intended to support or be supportive of the Russian 

19 Federation annexation of Crimea or other territory in 

20 Ukraine: Provided, That except as otherwise provided 

21 in subsection (a), the Secretary may waive the re22 striction on assistance required by this paragraph if 

23 the Secretary determines and reports to such Commit24 tees that to do so is in the national interest of the 
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1 United States, and includes a justification for such 

2 interest. 

3 (2) LIMITATION.—None of the funds appro4 priated by this Act may be made available for— 

5 (A) the implementation of any action or 

6 policy that recognizes the sovereignty of the Rus7 sian Federation over Crimea or other territory 

8 in Ukraine; 

9 (B) the facilitation, financing, or guarantee 

10 of United States Government investments in Cri11 mea or other territory in Ukraine under the con12 trol of Russian-backed separatists, if such activ13 ity includes the participation of Russian Gov14 ernment officials, or other Russian owned or con15 trolled financial entities; or 

16 (C) assistance for Crimea or other territory 

17 in Ukraine under the control of Russian-backed 

18 separatists, if such assistance includes the par19 ticipation of Russian Government officials, or 

20 other Russian owned or controlled financial enti21 ties. 

22 (3) INTERNATIONAL FINANCIAL INSTITUTIONS.— 

23 The Secretary of the Treasury shall instruct the 

24 United States executive directors of each international 

25 financial institution to use the voice and vote of the 
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1 United States to oppose any assistance by such insti2 tution (including any loan, credit, or guarantee) for 

3 any program that violates the sovereignty or terri4 torial integrity of Ukraine. 

5 (4) DURATION.—The requirements and limita6 tions of this subsection shall cease to be in effect if the 

7 Secretary of State determines and reports to the Com8 mittees on Appropriations that the Government of 

9 Ukraine has reestablished sovereignty over Crimea 

10 and other territory in Ukraine under the control of 

11 Russian-backed separatists. 

12 (c) OCCUPATION OF THE GEORGIAN TERRITORIES OF

13 ABKHAZIA AND TSKHINVALI REGION/SOUTH OSSETIA.— 

14 (1) PROHIBITION.—None of the funds appro15 priated by this Act may be made available for assist16 ance for the central government of a country that the 

17 Secretary of State determines and reports to the Com18 mittees on Appropriations has recognized the inde19 pendence of, or has established diplomatic relations 

20 with, the Russian Federation occupied Georgian terri21 tories of Abkhazia and Tskhinvali Region/South 

22 Ossetia: Provided, That the Secretary shall publish on 

23 the Department of State website a list of any such 

24 central governments in a timely manner: Provided 

25 further, That the Secretary may waive the restriction 
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1 on assistance required by this paragraph if the Sec2 retary determines and reports to the Committees on 

3 Appropriations that to do so is in the national inter4 est of the United States, and includes a justification 

5 for such interest. 

6 (2) LIMITATION.—None of the funds appro7 priated by this Act may be made available to support 

8 the Russian Federation occupation of the Georgian 

9 territories of Abkhazia and Tskhinvali Region/South 

10 Ossetia. 

11 (3) INTERNATIONAL FINANCIAL INSTITUTIONS.— 

12 The Secretary of the Treasury shall instruct the 

13 United States executive directors of each international 

14 financial institution to use the voice and vote of the 

15 United States to oppose any assistance by such insti16 tution (including any loan, credit, or guarantee) for 

17 any program that violates the sovereignty and terri18 torial integrity of Georgia. 

19 (d) COUNTERING RUSSIAN INFLUENCE FUND.— 

20 (1) ASSISTANCE.—Of the funds appropriated by 

21 this Act under the headings ‘‘Assistance for Europe, 

22 Eurasia and Central Asia’’, ‘‘International Narcotics 

23 Control and Law Enforcement’’, ‘‘International Mili24 tary Education and Training’’, and ‘‘Foreign Mili25 tary Financing Program’’, not less than $290,000,000 
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1 shall be made available to carry out the purposes of 

2 the Countering Russian Influence Fund, as author3 ized by section 254 of the Countering Russian Influ4 ence in Europe and Eurasia Act of 2017 (Public Law 

5 115–44; 22 U.S.C. 9543) and notwithstanding the 

6 country limitation in subsection (b) of such section, 

7 and programs to enhance the capacity of law enforce8 ment and security forces in countries in Europe, Eur9 asia, and Central Asia and strengthen security co10 operation between such countries and the United 

11 States and the North Atlantic Treaty Organization, 

12 as appropriate. 

13 (2) ECONOMICS AND TRADE.—Funds appro14 priated by this Act and made available for assistance 

15 for the Eastern Partnership countries shall be made 

16 available to advance the implementation of Associa17 tion Agreements and trade agreements with the Euro18 pean Union, and to reduce their vulnerability to ex19 ternal economic and political pressure from the Rus20 sian Federation. 

21 (e) DEMOCRACY PROGRAMS.—Funds appropriated by 

22 this Act shall be made available to support democracy pro23 grams in the Russian Federation and other countries in 

24 Europe, Eurasia, and Central Asia, including to promote 

25 Internet freedom: Provided, That not later than 90 days 
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1 after enactment of this Act, the Secretary of State, in con2 sultation with the Administrator of the United States Agen3 cy for International Development, shall submit to the ap4 propriate congressional committees a comprehensive, 

5 multiyear strategy for the promotion of democracy in such 

6 countries. 

7 UNITED NATIONS

8 SEC. 7048. (a) TRANSPARENCY AND ACCOUNT9 ABILITY.— 

10 (1) WITHHOLDING OF FUNDS.—Of the funds ap11 propriated under the heading ‘‘Contributions to Inter12 national Organizations’’ in title I and ‘‘International 

13 Organizations and Programs’’ in title V of this Act 

14 that are available for contributions to the United Na15 tions (including the Department of Peacekeeping Op16 erations), any United Nations agency, or the Organi17 zation of American States, 15 percent may not be ob18 ligated for such organization, department, or agency 

19 until the Secretary of State determines and reports to 

20 the Committees on Appropriations that the organiza21 tion, department, or agency is— 

22 (A) posting on a publicly available website, 

23 consistent with privacy regulations and due 

24 process, regular financial and programmatic au25 dits of such organization, department, or agency, 
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1 and providing the United States Government 

2 with necessary access to such financial and per3 formance audits; 

4 (B) effectively implementing and enforcing 

5 policies and procedures which meet or exceed best 

6 practices in the United States for the protection 

7 of whistleblowers from retaliation, including— 

8 (i) protection against retaliation for 

9 internal and lawful public disclosures; 

10 (ii) legal burdens of proof; 

11 (iii) statutes of limitation for reporting 

12 retaliation; 

13 (iv) access to binding independent ad14 judicative bodies, including shared cost and 

15 selection external arbitration; and 

16 (v) results that eliminate the effects of 

17 proven retaliation, including provision for 

18 the restoration of prior employment; and 

19 (C) effectively implementing and enforcing 

20 policies and procedures on the appropriate use of 

21 travel funds, including restrictions on first class 

22 and business class travel. 

23 (2) WAIVER.—The restrictions imposed by or 

24 pursuant to paragraph (1) may be waived on a case25 by-case basis if the Secretary of State determines and 
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1 reports to the Committees on Appropriations that 

2 such waiver is necessary to avert or respond to a hu3 manitarian crisis. 

4 (b) RESTRICTIONS ON UNITED NATIONS DELEGATIONS

5 AND ORGANIZATIONS.— 

6 (1) RESTRICTIONS ON UNITED STATES DELEGA7 TIONS.—None of the funds made available by this Act 

8 may be used to pay expenses for any United States 

9 delegation to any specialized agency, body, or com10 mission of the United Nations if such agency, body, 

11 or commission is chaired or presided over by a coun12 try, the government of which the Secretary of State 

13 has determined, for purposes of section 1754(c) of the 

14 Export Reform Control Act of 2018 (50 U.S.C. 

15 4813(c)), supports international terrorism. 

16 (2) RESTRICTIONS ON CONTRIBUTIONS.—None of 

17 the funds made available by this Act may be used by 

18 the Secretary of State as a contribution to any orga19 nization, agency, commission, or program within the 

20 United Nations system if such organization, agency, 

21 commission, or program is chaired or presided over 

22 by a country the government of which the Secretary 

23 of State has determined, for purposes of section 620A 

24 of the Foreign Assistance Act of 1961, section 40 of 

25 the Arms Export Control Act, section 1754(c) of the 
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1 Export Reform Control Act of 2018 (50 U.S.C. 

2 4813(c)), or any other provision of law, is a govern3 ment that has repeatedly provided support for acts of 

4 international terrorism. 

5 (3) WAIVER.—The Secretary of State may waive 

6 the restriction in this subsection if the Secretary de7 termines and reports to the Committees on Appro8 priations that to do so is important to the national 

9 interest of the United States, including a description 

10 of the national interest served. 

11 (c) UNITED NATIONS HUMAN RIGHTS COUNCIL.— 

12 None of the funds appropriated by this Act may be made 

13 available in support of the United Nations Human Rights 

14 Council unless the Secretary of State determines and re15 ports to the Committees on Appropriations that participa16 tion in the Council is important to the national interest 

17 of the United States and that such Council is taking signifi18 cant steps to remove Israel as a permanent agenda item 

19 and ensure integrity in the election of members to such 

20 Council: Provided, That such report shall include a descrip21 tion of the national interest served and the steps taken to 

22 remove Israel as a permanent agenda item and ensure in23 tegrity in the election of members to such Council: Provided 

24 further, That the Secretary of State shall report to the Com25 mittees on Appropriations not later than September 30, 
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1 2020, on the resolutions considered in the United Nations 

2 Human Rights Council during the previous 12 months, and 

3 on steps taken to remove Israel as a permanent agenda item 

4 and ensure integrity in the election of members to such 

5 Council. 

6 (d) UNITED NATIONS RELIEF AND WORKS AGENCY.— 

7 Prior to the initial obligation of funds for the United Na8 tions Relief and Works Agency (UNRWA), the Secretary of 

9 State shall report to the Committees on Appropriations, in 

10 writing, on whether UNRWA is— 

11 (1) utilizing Operations Support Officers in the 

12 West Bank, Gaza, and other fields of operation to in13 spect UNRWA installations and reporting any inap14 propriate use; 

15 (2) acting promptly to address any staff or bene16 ficiary violation of its own policies (including the 

17 policies on neutrality and impartiality of employees) 

18 and the legal requirements under section 301(c) of the 

19 Foreign Assistance Act of 1961; 

20 (3) implementing procedures to maintain the 

21 neutrality of its facilities, including implementing a 

22 no-weapons policy, and conducting regular inspec23 tions of its installations, to ensure they are only used 

24 for humanitarian or other appropriate purposes; 
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1 (4) taking necessary and appropriate measures 

2 to ensure it is operating in compliance with the con3 ditions of section 301(c) of the Foreign Assistance Act 

4 of 1961 and continuing regular reporting to the De5 partment of State on actions it has taken to ensure 

6 conformance with such conditions; 

7 (5) taking steps to ensure the content of all edu8 cational materials currently taught in UNRWA-ad9 ministered schools and summer camps is consistent 

10 with the values of human rights, dignity, and toler11 ance and does not induce incitement; 

12 (6) not engaging in operations with financial in13 stitutions or related entities in violation of relevant 

14 United States law, and is taking steps to improve the 

15 financial transparency of the organization; and 

16 (7) in compliance with the United Nations 

17 Board of Auditors’ biennial audit requirements and 

18 is implementing in a timely fashion the Board’s rec19 ommendations. 

20 (e) PROHIBITION OF PAYMENTS TO UNITED NATIONS

21 MEMBERS.—None of the funds appropriated or made avail22 able pursuant to titles III through VI of this Act for car23 rying out the Foreign Assistance Act of 1961, may be used 

24 to pay in whole or in part any assessments, arrearages, 

25 or dues of any member of the United Nations or, from funds 
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1 appropriated by this Act to carry out chapter 1 of part 

2 I of the Foreign Assistance Act of 1961, the costs for partici3 pation of another country’s delegation at international con4 ferences held under the auspices of multilateral or inter5 national organizations. 

6 (f) REPORT.—Not later than 45 days after enactment 

7 of this Act, the Secretary of State shall submit a report to 

8 the Committees on Appropriations detailing the amount of 

9 funds available for obligation or expenditure in fiscal year 

10 2020 for contributions to any organization, department, 

11 agency, or program within the United Nations system or 

12 any international program that are withheld from obliga13 tion or expenditure due to any provision of law: Provided, 

14 That the Secretary shall update such report each time addi15 tional funds are withheld by operation of any provision of 

16 law: Provided further, That the reprogramming of any 

17 withheld funds identified in such report, including updates 

18 thereof, shall be subject to prior consultation with, and the 

19 regular notification procedures of, the Committees on Ap20 propriations. 

21 (g) SEXUAL EXPLOITATION AND ABUSE IN PEACE22 KEEPING OPERATIONS.—The Secretary of State should 

23 withhold assistance to any unit of the security forces of a 

24 foreign country if the Secretary has credible information 

25 that such unit has engaged in sexual exploitation or abuse, 
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•HR 1865 EAH 

1 including while serving in a United Nations peacekeeping 

2 operation, until the Secretary determines that the govern3 ment of such country is taking effective steps to hold the 

4 responsible members of such unit accountable and to pre5 vent future incidents: Provided, That the Secretary shall 

6 promptly notify the government of each country subject to 

7 any withholding of assistance pursuant to this paragraph, 

8 and shall notify the appropriate congressional committees 

9 of such withholding not later than 10 days after a deter10 mination to withhold such assistance is made: Provided fur11 ther, That the Secretary shall, to the maximum extent prac12 ticable, assist such government in bringing the responsible 

13 members of such unit to justice. 

14 (h) ADDITIONAL AVAILABILITY.—Subject to the regular 

15 notification procedures of the Committees on Appropria16 tions, funds appropriated by this Act which are returned 

17 or not made available due to the implementation of sub18 section (a), the third proviso under the heading ‘‘Contribu19 tions for International Peacekeeping Activities’’ in title I 

20 of this Act, or section 307(a) of the Foreign Assistance Act 

21 of 1961 (22 U.S.C. 2227(a)), shall remain available for obli22 gation until September 30, 2021: Provided, That the re23 quirement to withhold funds for programs in Burma under 

24 section 307(a) of the Foreign Assistance Act of 1961 shall 

25 not apply to funds appropriated by this Act. 
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1 (i) NATIONAL SECURITY INTEREST WITHHOLDING.— 

2 (1) WITHHOLDING.—The Secretary of State shall 

3 withhold 5 percent of the funds appropriated by this 

4 Act under the heading ‘‘Contributions to Inter5 national Organizations’’ for a specialized agency or 

6 other entity of the United Nations if the Secretary, in 

7 consultation with the United States Ambassador to 

8 the United Nations, determines and reports to the 

9 Committees on Appropriations that such agency or 

10 entity has taken an official action that is against the 

11 national security interest of the United States or an 

12 ally of the United States, including Israel. 

13 (2) RELEASE OF FUNDS.—The Secretary of 

14 State, in consultation with the United States Ambas15 sador to the United Nations, may release funds with16 held pursuant to paragraph (1) if the Secretary deter17 mines and reports to the Committees on Appropria18 tions that such agency or entity is taking steps to ad19 dress the action that resulted in the withholding of 

20 such funds. 

21 (3) REPROGRAMMING.—Should the Secretary of 

22 State be unable to make a determination pursuant to 

23 paragraph (2) regarding the release of withheld funds, 

24 such funds may be reprogrammed for other purposes 
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1 under the heading ‘‘Contributions to International 

2 Organizations’’. 

3 (4) WAIVER.—The Secretary of State, following 

4 consultation with the Committees on Appropriations, 

5 may waive the requirements of this subsection if the 

6 Secretary determines that to do so in the national in7 terest. 

8 WAR CRIMES TRIBUNALS

9 SEC. 7049. (a) If the President determines that doing 

10 so will contribute to a just resolution of charges regarding 

11 genocide or other violations of international humanitarian 

12 law, the President may direct a drawdown pursuant to sec13 tion 552(c) of the Foreign Assistance Act of 1961 of up to 

14 $30,000,000 of commodities and services for the United Na15 tions War Crimes Tribunal established with regard to the 

16 former Yugoslavia by the United Nations Security Council 

17 or such other tribunals or commissions as the Council may 

18 establish or authorize to deal with such violations, without 

19 regard to the ceiling limitation contained in paragraph (2) 

20 thereof: Provided, That the determination required under 

21 this section shall be in lieu of any determinations otherwise 

22 required under section 552(c): Provided further, That funds 

23 made available pursuant to this section shall be made avail24 able subject to the regular notification procedures of the 

25 Committees on Appropriations. 
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1 (b) None of the funds appropriated by this Act may 

2 be made available for a United States contribution to the 

3 International Criminal Court: Provided, That funds may 

4 be made available for technical assistance, training, assist5 ance for victims, protection of witnesses, and law enforce6 ment support related to international investigations, appre7 hensions, prosecutions, and adjudications of genocide, 

8 crimes against humanity, and war crimes: Provided fur9 ther, That the previous proviso shall not apply to investiga10 tions, apprehensions, or prosecutions of American service 

11 members and other United States citizens or nationals, or 

12 nationals of the North Atlantic Treaty Organization 

13 (NATO) or major non-NATO allies initially designated 

14 pursuant to section 517(b) of the Foreign Assistance Act 

15 of 1961. 

16 GLOBAL INTERNET FREEDOM

17 SEC. 7050. (a) FUNDING.—Of the funds available for 

18 obligation during fiscal year 2020 under the headings 

19 ‘‘International Broadcasting Operations’’, ‘‘Economic Sup20 port Fund’’, ‘‘Democracy Fund’’, and ‘‘Assistance for Eu21 rope, Eurasia and Central Asia’’, not less than $65,500,000 

22 shall be made available for programs to promote Internet 

23 freedom globally: Provided, That such programs shall be 

24 prioritized for countries whose governments restrict freedom 

25 of expression on the Internet, and that are important to 
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•HR 1865 EAH 

1 the national interest of the United States: Provided further, 

2 That funds made available pursuant to this section shall 

3 be matched, to the maximum extent practicable, by sources 

4 other than the United States Government, including from 

5 the private sector. 

6 (b) REQUIREMENTS.— 

7 (1) DEPARTMENT OF STATE AND UNITED STATES

8 AGENCY FOR INTERNATIONAL DEVELOPMENT.—Funds 

9 appropriated by this Act under the headings ‘‘Eco10 nomic Support Fund’’, ‘‘Democracy Fund’’, and ‘‘As11 sistance for Europe, Eurasia and Central Asia’’ that 

12 are made available pursuant to subsection (a) shall 

13 be— 

14 (A) coordinated with other democracy pro15 grams funded by this Act under such headings, 

16 and shall be incorporated into country assistance 

17 and democracy promotion strategies, as appro18 priate; 

19 (B) for programs to implement the May 

20 2011, International Strategy for Cyberspace, the 

21 Department of State International Cyberspace 

22 Policy Strategy required by section 402 of the 

23 Cybersecurity Act of 2015 (division N of Public 

24 Law 114–113), and the comprehensive strategy 

25 to promote Internet freedom and access to infor-
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1 mation in Iran, as required by section 414 of the 

2 Iran Threat Reduction and Syria Human 

3 Rights Act of 2012 (22 U.S.C. 8754); 

4 (C) made available for programs that sup5 port the efforts of civil society to counter the de6 velopment of repressive Internet-related laws and 

7 regulations, including countering threats to 

8 Internet freedom at international organizations; 

9 to combat violence against bloggers and other 

10 users; and to enhance digital security training 

11 and capacity building for democracy activists; 

12 (D) made available for research of key 

13 threats to Internet freedom; the continued devel14 opment of technologies that provide or enhance 

15 access to the Internet, including circumvention 

16 tools that bypass Internet blocking, filtering, and 

17 other censorship techniques used by authori18 tarian governments; and maintenance of the 

19 technological advantage of the United States 

20 Government over such censorship techniques: 

21 Provided, That the Secretary of State, in con22 sultation with the Chief Executive Officer (CEO) 

23 of the United States Agency for Global Media 

24 (USAGM), shall coordinate any such research 

25 and development programs with other relevant 
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1 United States Government departments and 

2 agencies in order to share information, tech3 nologies, and best practices, and to assess the ef4 fectiveness of such technologies; and 

5 (E) made available only after the Assistant 

6 Secretary for Democracy, Human Rights, and 

7 Labor, Department of State, concurs that such 

8 funds are allocated consistent with— 

9 (i) the strategies referenced in subpara10 graph (B) of this paragraph; 

11 (ii) best practices regarding security 

12 for, and oversight of, Internet freedom pro13 grams; and 

14 (iii) sufficient resources and support 

15 for the development and maintenance of 

16 anti-censorship technology and tools. 

17 (2) UNITED STATES AGENCY FOR GLOBAL

18 MEDIA.—Funds appropriated by this Act under the 

19 heading ‘‘International Broadcasting Operations’’ 

20 that are made available pursuant to subsection (a) 

21 shall be— 

22 (A) made available only for tools and tech23 niques to securely develop and distribute 

24 USAGM digital content, facilitate audience ac25 cess to such content on websites that are 
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1 censored, coordinate the distribution of USAGM 

2 digital content to targeted regional audiences, 

3 and to promote and distribute such tools and 

4 techniques, including digital security techniques; 

5 (B) coordinated with programs funded by 

6 this Act under the heading ‘‘International 

7 Broadcasting Operations’’, and shall be incor8 porated into country broadcasting strategies, as 

9 appropriate; 

10 (C) coordinated by the USAGM CEO to 

11 provide Internet circumvention tools and tech12 niques for audiences in countries that are stra13 tegic priorities for the USAGM and in a manner 

14 consistent with the USAGM Internet freedom 

15 strategy; and 

16 (D) made available for the research and de17 velopment of new tools or techniques authorized 

18 in subparagraph (A) only after the USAGM 

19 CEO, in consultation with the Secretary of State 

20 and other relevant United States Government de21 partments and agencies, evaluates the risks and 

22 benefits of such new tools or techniques, and es23 tablishes safeguards to minimize the use of such 

24 new tools or techniques for illicit purposes. 
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1 (c) COORDINATION AND SPEND PLANS.—After con2 sultation among the relevant agency heads to coordinate 

3 and de-conflict planned activities, but not later than 90 

4 days after enactment of this Act, the Secretary of State and 

5 the USAGM CEO shall submit to the Committees on Appro6 priations spend plans for funds made available by this Act 

7 for programs to promote Internet freedom globally, which 

8 shall include a description of safeguards established by rel9 evant agencies to ensure that such programs are not used 

10 for illicit purposes: Provided, That the Department of State 

11 spend plan shall include funding for all such programs for 

12 all relevant Department of State and the United States 

13 Agency for International Development offices and bureaus. 

14 (d) SECURITY AUDITS.—Funds made available pursu15 ant to this section to promote Internet freedom globally may 

16 only be made available to support technologies that undergo 

17 comprehensive security audits conducted by the Bureau of 

18 Democracy, Human Rights, and Labor, Department of 

19 State to ensure that such technology is secure and has not 

20 been compromised in a manner detrimental to the interest 

21 of the United States or to individuals and organizations 

22 benefiting from programs supported by such funds: Pro23 vided, That the security auditing procedures used by such 

24 Bureau shall be reviewed and updated periodically to reflect 

25 current industry security standards. 
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1 (e) SURGE.—Of the funds appropriated by this Act 

2 under the heading ‘‘Economic Support Fund’’, up to 

3 $2,500,000 may be made available to surge Internet freedom 

4 programs in closed societies if the Secretary of State deter5 mines and reports to the appropriate congressional commit6 tees that such use of funds is in the national interest: Pro7 vided, That such funds are in addition to amounts made 

8 available for such purposes: Provided further, That such 

9 funds may be transferred to, and merged with, funds appro10 priated by this Act under the heading ‘‘International 

11 Broadcasting Operations’’ following consultation with, and 

12 the regular notification procedures of, the Committees on 

13 Appropriations. 

14 TORTURE AND OTHER CRUEL, INHUMAN, OR DEGRADING

15 TREATMENT OR PUNISHMENT

16 SEC. 7051. (a) LIMITATION.—None of the funds made 

17 available by this Act may be used to support or justify the 

18 use of torture and other cruel, inhuman, or degrading treat19 ment or punishment by any official or contract employee 

20 of the United States Government. 

21 (b) ASSISTANCE.—Funds appropriated under titles III 

22 and IV of this Act shall be made available, notwithstanding 

23 section 660 of the Foreign Assistance Act of 1961 and fol24 lowing consultation with the Committees on Appropria25 tions, for assistance to eliminate torture and other cruel, 
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1 inhuman, or degrading treatment or punishment by foreign 

2 police, military or other security forces in countries receiv3 ing assistance from funds appropriated by this Act. 

4 AIRCRAFT TRANSFER, COORDINATION, AND USE

5 SEC. 7052. (a) TRANSFER AUTHORITY.—Notwith6 standing any other provision of law or regulation, aircraft 

7 procured with funds appropriated by this Act and prior 

8 Acts making appropriations for the Department of State, 

9 foreign operations, and related programs under the head10 ings ‘‘Diplomatic Programs’’, ‘‘International Narcotics 

11 Control and Law Enforcement’’, ‘‘Andean Counterdrug Ini12 tiative’’, and ‘‘Andean Counterdrug Programs’’ may be 

13 used for any other program and in any region. 

14 (b) PROPERTY DISPOSAL.—The authority provided in 

15 subsection (a) shall apply only after the Secretary of State 

16 determines and reports to the Committees on Appropria17 tions that the equipment is no longer required to meet pro18 grammatic purposes in the designated country or region: 

19 Provided, That any such transfer shall be subject to prior 

20 consultation with, and the regular notification procedures 

21 of, the Committees on Appropriations. 

22 (c) AIRCRAFT COORDINATION.— 

23 (1) AUTHORITY.—The uses of aircraft purchased 

24 or leased by the Department of State and the United 

25 States Agency for International Development with 
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•HR 1865 EAH 

1 funds made available in this Act or prior Acts mak2 ing appropriations for the Department of State, for3 eign operations, and related programs shall be coordi4 nated under the authority of the appropriate Chief of 

5 Mission: Provided, That notwithstanding section 

6 7063(b) of this Act, such aircraft may be used to 

7 transport, on a reimbursable or non-reimbursable 

8 basis, Federal and non-Federal personnel supporting 

9 Department of State and USAID programs and ac10 tivities: Provided further, That official travel for other 

11 agencies for other purposes may be supported on a re12 imbursable basis, or without reimbursement when 

13 traveling on a space available basis: Provided further, 

14 That funds received by the Department of State in 

15 connection with the use of aircraft owned, leased, or 

16 chartered by the Department of State may be credited 

17 to the Working Capital Fund of the Department and 

18 shall be available for expenses related to the purchase, 

19 lease, maintenance, chartering, or operation of such 

20 aircraft. 

21 (2) SCOPE.—The requirement and authorities of 

22 this subsection shall only apply to aircraft, the pri23 mary purpose of which is the transportation of per24 sonnel. 
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1 (d) AIRCRAFT OPERATIONS AND MAINTENANCE.—To 

2 the maximum extent practicable, the costs of operations and 

3 maintenance, including fuel, of aircraft funded by this Act 

4 shall be borne by the recipient country. 

5 PARKING FINES AND REAL PROPERTY TAXES OWED BY

6 FOREIGN GOVERNMENTS

7 SEC. 7053. The terms and conditions of section 7055 

8 of the Department of State, Foreign Operations, and Re9 lated Programs Appropriations Act, 2010 (division F of 

10 Public Law 111–117) shall apply to this Act: Provided, 

11 That the date ‘‘September 30, 2009’’ in subsection (f)(2)(B) 

12 of such section shall be deemed to be ‘‘September 30, 2019’’. 

13 INTERNATIONAL MONETARY FUND

14 SEC. 7054. (a) EXTENSIONS.—The terms and condi15 tions of sections 7086(b) (1) and (2) and 7090(a) of the 

16 Department of State, Foreign Operations, and Related Pro17 grams Appropriations Act, 2010 (division F of Public Law 

18 111–117) shall apply to this Act. 

19 (b) REPAYMENT.—The Secretary of the Treasury shall 

20 instruct the United States Executive Director of the Inter21 national Monetary Fund (IMF) to seek to ensure that any 

22 loan will be repaid to the IMF before other private or multi23 lateral creditors. 
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1 EXTRADITION

2 SEC. 7055. (a) LIMITATION.—None of the funds appro3 priated in this Act may be used to provide assistance (other 

4 than funds provided under the headings ‘‘International Dis5 aster Assistance’’, ‘‘Complex Crises Fund’’, ‘‘International 

6 Narcotics Control and Law Enforcement’’, ‘‘Migration and 

7 Refugee Assistance’’, ‘‘United States Emergency Refugee 

8 and Migration Assistance Fund’’, and ‘‘Nonproliferation, 

9 Anti-terrorism, Demining and Related Assistance’’) for the 

10 central government of a country which has notified the De11 partment of State of its refusal to extradite to the United 

12 States any individual indicted for a criminal offense for 

13 which the maximum penalty is life imprisonment without 

14 the possibility of parole or for killing a law enforcement 

15 officer, as specified in a United States extradition request. 

16 (b) CLARIFICATION.—Subsection (a) shall only apply 

17 to the central government of a country with which the 

18 United States maintains diplomatic relations and with 

19 which the United States has an extradition treaty and the 

20 government of that country is in violation of the terms and 

21 conditions of the treaty. 

22 (c) WAIVER.—The Secretary of State may waive the 

23 restriction in subsection (a) on a case-by-case basis if the 

24 Secretary certifies to the Committees on Appropriations 
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1 that such waiver is important to the national interest of 

2 the United States. 

3 IMPACT ON JOBS IN THE UNITED STATES

4 SEC. 7056. None of the funds appropriated or other5 wise made available under titles III through VI of this Act 

6 may be obligated or expended to provide— 

7 (1) any financial incentive to a business enter8 prise currently located in the United States for the 

9 purpose of inducing such an enterprise to relocate 

10 outside the United States if such incentive or induce11 ment is likely to reduce the number of employees of 

12 such business enterprise in the United States because 

13 United States production is being replaced by such 

14 enterprise outside the United States; 

15 (2) assistance for any program, project, or activ16 ity that contributes to the violation of internationally 

17 recognized workers’ rights, as defined in section 

18 507(4) of the Trade Act of 1974, of workers in the re19 cipient country, including any designated zone or 

20 area in that country: Provided, That the application 

21 of section 507(4)(D) and (E) of such Act (19 U.S.C. 

22 2467(4)(D) and (E)) should be commensurate with 

23 the level of development of the recipient country and 

24 sector, and shall not preclude assistance for the infor-
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1 mal sector in such country, micro and small-scale en2 terprise, and smallholder agriculture; 

3 (3) any assistance to an entity outside the 

4 United States if such assistance is for the purpose of 

5 directly relocating or transferring jobs from the 

6 United States to other countries and adversely im7 pacts the labor force in the United States; or 

8 (4) for the enforcement of any rule, regulation, 

9 policy, or guidelines implemented pursuant to the 

10 Supplemental Guidelines for High Carbon Intensity 

11 Projects approved by the Export-Import Bank of the 

12 United States on December 12, 2013, when enforce13 ment of such rule, regulation, policy, or guidelines 

14 would prohibit, or have the effect of prohibiting, any 

15 coal-fired or other power-generation project the pur16 pose of which is to— 

17 (A) provide affordable electricity in Inter18 national Development Association (IDA)-eligible 

19 countries and IDA-blend countries; and 

20 (B) increase exports of goods and services 

21 from the United States or prevent the loss of jobs 

22 from the United States. 

23 UNITED NATIONS POPULATION FUND

24 SEC. 7057. (a) CONTRIBUTION.—Of the funds made 

25 available under the heading ‘‘International Organizations 
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1 and Programs’’ in this Act for fiscal year 2020, $32,500,000 

2 shall be made available for the United Nations Population 

3 Fund (UNFPA). 

4 (b) AVAILABILITY OF FUNDS.—Funds appropriated by 

5 this Act for UNFPA, that are not made available for 

6 UNFPA because of the operation of any provision of law, 

7 shall be transferred to the ‘‘Global Health Programs’’ ac8 count and shall be made available for family planning, ma9 ternal, and reproductive health activities, subject to the reg10 ular notification procedures of the Committees on Appro11 priations. 

12 (c) PROHIBITION ON USE OF FUNDS IN CHINA.—None 

13 of the funds made available by this Act may be used by 

14 UNFPA for a country program in the People’s Republic 

15 of China. 

16 (d) CONDITIONS ON AVAILABILITY OF FUNDS.—Funds 

17 made available by this Act for UNFPA may not be made 

18 available unless— 

19 (1) UNFPA maintains funds made available by 

20 this Act in an account separate from other accounts 

21 of UNFPA and does not commingle such funds with 

22 other sums; and 

23 (2) UNFPA does not fund abortions. 

24 (e) REPORT TO CONGRESS AND DOLLAR-FOR-DOLLAR

25 WITHHOLDING OF FUNDS.— 
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•HR 1865 EAH 

1 (1) Not later than 4 months after the date of en2 actment of this Act, the Secretary of State shall sub3 mit a report to the Committees on Appropriations in4 dicating the amount of funds that UNFPA is budg5 eting for the year in which the report is submitted for 

6 a country program in the People’s Republic of China. 

7 (2) If a report under paragraph (1) indicates 

8 that UNFPA plans to spend funds for a country pro9 gram in the People’s Republic of China in the year 

10 covered by the report, then the amount of such funds 

11 UNFPA plans to spend in the People’s Republic of 

12 China shall be deducted from the funds made avail13 able to UNFPA after March 1 for obligation for the 

14 remainder of the fiscal year in which the report is 

15 submitted. 

16 GLOBAL HEALTH ACTIVITIES

17 SEC. 7058. (a) IN GENERAL.—Funds appropriated by 

18 titles III and IV of this Act that are made available for 

19 bilateral assistance for child survival activities or disease 

20 programs including activities relating to research on, and 

21 the prevention, treatment and control of, HIV/AIDS may 

22 be made available notwithstanding any other provision of 

23 law except for provisions under the heading ‘‘Global Health 

24 Programs’’ and the United States Leadership Against HIV/ 

25 AIDS, Tuberculosis, and Malaria Act of 2003 (117 Stat. 
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•HR 1865 EAH 

1 711; 22 U.S.C. 7601 et seq.), as amended: Provided, That 

2 of the funds appropriated under title III of this Act, not 

3 less than $575,000,000 should be made available for family 

4 planning/reproductive health, including in areas where 

5 population growth threatens biodiversity or endangered spe6 cies. 

7 (b) INFECTIOUS DISEASE OUTBREAKS.— 

8 (1) EXTRAORDINARY MEASURES.—If the Sec9 retary of State determines and reports to the Commit10 tees on Appropriations that an international infec11 tious disease outbreak is sustained, severe, and is 

12 spreading internationally, or that it is in the na13 tional interest to respond to a Public Health Emer14 gency of International Concern, funds appropriated 

15 by this Act under the headings ‘‘Global Health Pro16 grams’’, ‘‘Development Assistance’’, ‘‘International 

17 Disaster Assistance’’, ‘‘Complex Crises Fund’’, ‘‘Eco18 nomic Support Fund’’, ‘‘Democracy Fund’’, ‘‘Assist19 ance for Europe, Eurasia and Central Asia’’, ‘‘Migra20 tion and Refugee Assistance’’, and ‘‘Millennium Chal21 lenge Corporation’’ may be made available to combat 

22 such infectious disease or public health emergency, 

23 and may be transferred to, and merged with, funds 

24 appropriated under such headings for the purposes of 

25 this paragraph. 
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•HR 1865 EAH 

1 (2) EMERGENCY RESERVE FUND.—Up to 

2 $10,000,000 of the funds made available under the 

3 heading ‘‘Global Health Programs’’ may be made 

4 available for the Emergency Reserve Fund established 

5 pursuant to section 7058(c)(1) of the Department of 

6 State, Foreign Operations, and Related Programs Ap7 propriations Act, 2017 (division J of Public Law 

8 115–31): Provided, That such funds shall be made 

9 available under the same terms and conditions of such 

10 section. 

11 (3) EBOLA VIRUS DISEASE.—Funds appro12 priated by this Act and prior Acts making appro13 priations for the Department of State, foreign oper14 ations, and related programs under the heading 

15 ‘‘International Disaster Assistance’’ that are made 

16 available to respond to the Ebola virus disease out17 break in the Democratic Republic of the Congo, in18 cluding in countries affected by, or at risk of being 

19 affected by, such outbreak, shall be the responsibility 

20 of the Assistant Administrator for Democracy, Con21 flict, and Humanitarian Assistance, USAID, or suc22 cessor official responsible for USAID Ebola response. 

23 (4) CONSULTATION AND NOTIFICATION.—Funds 

24 made available by this subsection shall be subject to 

25 prior consultation with the appropriate congressional 
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•HR 1865 EAH 

1 committees and the regular notification procedures of 

2 the Committees on Appropriations. 

3 GENDER EQUALITY

4 SEC. 7059. (a) WOMEN’S EMPOWERMENT.— 

5 (1) GENDER EQUALITY.—Funds appropriated by 

6 this Act shall be made available to promote gender 

7 equality in United States Government diplomatic and 

8 development efforts by raising the status, increasing 

9 the participation, and protecting the rights of women 

10 and girls worldwide. 

11 (2) WOMEN’S ECONOMIC EMPOWERMENT.—Funds 

12 appropriated by this Act are available to implement 

13 the Women’s Entrepreneurship and Economic Em14 powerment Act of 2018 (Public Law 115–428): Pro15 vided, That the Secretary of State and the Adminis16 trator of the United States Agency for International 

17 Development, as appropriate, shall consult with the 

18 Committees on Appropriations on the implementation 

19 of such Act. 

20 (3) WOMEN’S GLOBAL DEVELOPMENT AND PROS21 PERITY FUND.—Of the funds appropriated under title 

22 III of this Act, up to $100,000,000 may be made 

23 available for the Women’s Global Development and 

24 Prosperity Fund. 
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•HR 1865 EAH 

1 (b) WOMEN’S LEADERSHIP.—Of the funds appro2 priated by title III of this Act, not less than $50,000,000 

3 shall be made available for programs specifically designed 

4 to increase leadership opportunities for women in countries 

5 where women and girls suffer discrimination due to law, 

6 policy, or practice, by strengthening protections for wom7 en’s political status, expanding women’s participation in 

8 political parties and elections, and increasing women’s op9 portunities for leadership positions in the public and pri10 vate sectors at the local, provincial, and national levels. 

11 (c) GENDER-BASED VIOLENCE.— 

12 (1) Of the funds appropriated under titles III 

13 and IV of this Act, not less than $165,000,000 shall 

14 be made available to implement a multi-year strategy 

15 to prevent and respond to gender-based violence in 

16 countries where it is common in conflict and non-con17 flict settings. 

18 (2) Funds appropriated under titles III and IV 

19 of this Act that are available to train foreign police, 

20 judicial, and military personnel, including for inter21 national peacekeeping operations, shall address, where 

22 appropriate, prevention and response to gender-based 

23 violence and trafficking in persons, and shall promote 

24 the integration of women into the police and other se25 curity forces. 
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•HR 1865 EAH 

1 (d) WOMEN, PEACE, AND SECURITY.—Funds appro2 priated by this Act under the headings ‘‘Development As3 sistance’’, ‘‘Economic Support Fund’’, ‘‘Assistance for Eu4 rope, Eurasia and Central Asia’’, and ‘‘International Nar5 cotics Control and Law Enforcement’’ should be made 

6 available to support a multi-year strategy to expand, and 

7 improve coordination of, United States Government efforts 

8 to empower women as equal partners in conflict prevention, 

9 peace building, transitional processes, and reconstruction 

10 efforts in countries affected by conflict or in political transi11 tion, and to ensure the equitable provision of relief and re12 covery assistance to women and girls. 

13 (e) WOMEN AND GIRLS AT RISK FROM EXTREMISM

14 AND CONFLICT.—Of the funds appropriated by this Act 

15 under the heading ‘‘Economic Support Fund’’, not less than 

16 $15,000,000 shall be made available to support women and 

17 girls who are at risk from extremism and conflict, and for 

18 the activities described in section 7059(e)(1) of the Depart19 ment of State, Foreign Operations, and Related Programs 

20 Appropriations Act, 2018 (division K of Public Law 115– 

21 141): Provided, That such funds are in addition to amounts 

22 otherwise made available by this Act for such purposes, and 

23 shall be made available following consultation with, and the 

24 regular notification procedures of, the Committees on Ap25 propriations. 
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•HR 1865 EAH 

1 SECTOR ALLOCATIONS

2 SEC. 7060. (a) BASIC EDUCATION AND HIGHER EDU3 CATION.— 

4 (1) BASIC EDUCATION.—(A) Of the funds appro5 priated under title III of this Act, not less than 

6 $875,000,000 shall be made available for assistance 

7 for basic education, and such funds may be made 

8 available notwithstanding any other provision of law 

9 that restricts assistance to foreign countries: Provided, 

10 That such funds shall also be used for secondary edu11 cation activities: Provided further, That the Adminis12 trator of the United States Agency for International 

13 Development, following consultation with the Com14 mittees on Appropriations, may reprogram such 

15 funds between countries: Provided further, That funds 

16 made available under the headings ‘‘Development As17 sistance’’ and ‘‘Economic Support Fund’’ for the sup18 port of non-state schools in this Act and prior Acts 

19 making appropriations for the Department of State, 

20 foreign operations, and related programs shall be sub21 ject to the regular notification procedures of the Com22 mittees on Appropriations. 

23 (B) Of the funds appropriated under title 

24 III of this Act for assistance for basic education 

25 programs, not less than $125,000,000 shall be 
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•HR 1865 EAH 

1 made available for contributions to multilateral 

2 partnerships that support education. 

3 (2) HIGHER EDUCATION.—Of the funds appro4 priated by title III of this Act, not less than 

5 $235,000,000 shall be made available for assistance 

6 for higher education: Provided, That such funds may 

7 be made available notwithstanding any other provi8 sion of law that restricts assistance to foreign coun9 tries, and shall be subject to the regular notification 

10 procedures of the Committees on Appropriations: Pro11 vided further, That of such amount, not less than 

12 $35,000,000 shall be made available for new and on13 going partnerships between higher education institu14 tions in the United States and developing countries 

15 focused on building the capacity of higher education 

16 institutions and systems in developing countries: Pro17 vided further, That not later than 45 days after en18 actment of this Act, the USAID Administrator shall 

19 consult with the Committees on Appropriations on the 

20 proposed uses of funds for such partnerships. 

21 (b) DEVELOPMENT PROGRAMS.—Of the funds appro22 priated by this Act under the heading ‘‘Development Assist23 ance’’, not less than $17,000,000 shall be made available 

24 for cooperative development programs of USAID and not 
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•HR 1865 EAH 

1 less than $30,000,000 shall be made available for the Amer2 ican Schools and Hospitals Abroad program. 

3 (c) ENVIRONMENT PROGRAMS.— 

4 (1)(A) Funds appropriated by this Act to carry 

5 out the provisions of sections 103 through 106, and 

6 chapter 4 of part II, of the Foreign Assistance Act of 

7 1961 may be used, notwithstanding any other provi8 sion of law, except for the provisions of this sub9 section, to support environment programs. 

10 (B) Funds made available pursuant to this sub11 section shall be subject to the regular notification pro12 cedures of the Committees on Appropriations. 

13 (2)(A) Of the funds appropriated under title III 

14 of this Act, not less than $315,000,000 shall be made 

15 available for biodiversity conservation programs. 

16 (B) Not less than $100,664,000 of the funds ap17 propriated under titles III and IV of this Act shall 

18 be made available to combat the transnational threat 

19 of wildlife poaching and trafficking. 

20 (C) None of the funds appropriated under title 

21 IV of this Act may be made available for training or 

22 other assistance for any military unit or personnel 

23 that the Secretary of State determines has been 

24 credibly alleged to have participated in wildlife 

25 poaching or trafficking, unless the Secretary reports 
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•HR 1865 EAH 

1 to the appropriate congressional committees that to do 

2 so is in the national security interest of the United 

3 States. 

4 (D) Funds appropriated by this Act for biodiver5 sity programs shall not be used to support the expan6 sion of industrial scale logging or any other indus7 trial scale extractive activity into areas that were pri8 mary/intact tropical forests as of December 30, 2013, 

9 and the Secretary of the Treasury shall instruct the 

10 United States executive directors of each international 

11 financial institutions (IFI) to use the voice and vote 

12 of the United States to oppose any financing of any 

13 such activity. 

14 (3) The Secretary of the Treasury shall instruct 

15 the United States executive director of each IFI that 

16 it is the policy of the United States to use the voice 

17 and vote of the United States, in relation to any loan, 

18 grant, strategy, or policy of such institution, regard19 ing the construction of any large dam consistent with 

20 the criteria set forth in Senate Report 114–79, while 

21 also considering whether the project involves impor22 tant foreign policy objectives. 

23 (4) Of the funds appropriated under title III of 

24 this Act, not less than $135,000,000 shall be made 

25 available for sustainable landscapes programs. 
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•HR 1865 EAH 

1 (5) Of the funds appropriated under title III of 

2 this Act, not less than $177,000,000 shall be made 

3 available for adaptation programs. 

4 (6) Of the funds appropriated under title III of 

5 this Act, not less than $179,000,000 shall be made 

6 available for renewable energy programs. 

7 (d) FOOD SECURITY AND AGRICULTURAL DEVELOP8 MENT.—Of the funds appropriated by title III of this Act, 

9 not less than $1,005,600,000 shall be made available for 

10 food security and agricultural development programs to 

11 carry out the purposes of the Global Food Security Act of 

12 2016 (Public Law 114–195): Provided, That funds may be 

13 made available for a contribution as authorized by section 

14 3202 of the Food, Conservation, and Energy Act of 2008 

15 (Public Law 110–246), as amended by section 3310 of the 

16 Agriculture Improvement Act of 2018 (Public Law 115– 

17 334). 

18 (e) MICRO, SMALL, AND MEDIUM-SIZED ENTER19 PRISES.—Of the funds appropriated by this Act, not less 

20 than $265,000,000 shall be made available to support the 

21 development of, and access to financing for, micro, small, 

22 and medium-sized enterprises that benefit the poor, espe23 cially women. 

24 (f) PROGRAMS TO COMBAT TRAFFICKING IN PER25 SONS.—Of the funds appropriated by this Act under the 
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•HR 1865 EAH 

1 headings ‘‘Development Assistance’’, ‘‘Economic Support 

2 Fund’’, ‘‘Assistance for Europe, Eurasia and Central Asia’’, 

3 and ‘‘International Narcotics Control and Law Enforce4 ment’’, not less than $67,000,000 shall be made available 

5 for activities to combat trafficking in persons internation6 ally, of which not less than $45,000,000 shall be from funds 

7 made available under the heading ‘‘International Narcotics 

8 Control and Law Enforcement’’: Provided, That funds ap9 propriated by this Act that are made available for programs 

10 to end modern slavery shall be in addition to funds made 

11 available by this subsection to combat trafficking in per12 sons. 

13 (g) RECONCILIATION PROGRAMS.—Of the funds appro14 priated by this Act under the heading ‘‘Development Assist15 ance’’, not less than $30,000,000 shall be made available 

16 to support people-to-people reconciliation programs which 

17 bring together individuals of different ethnic, religious, and 

18 political backgrounds from areas of civil strife and war, in19 cluding between Israelis and Palestinians living in the West 

20 Bank and Gaza: Provided, That the USAID Administrator 

21 shall consult with the Committees on Appropriations, prior 

22 to the initial obligation of funds, on the uses of such funds, 

23 and such funds shall be subject to the regular notification 

24 procedures of the Committees on Appropriations: Provided 

25 further, That to the maximum extent practicable, such 
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•HR 1865 EAH 

1 funds shall be matched by sources other than the United 

2 States Government: Provided further, That such funds shall 

3 be administered by the Office of Conflict Management and 

4 Mitigation, USAID. 

5 (h) WATER AND SANITATION.—Of the funds appro6 priated by this Act, not less than $450,000,000 shall be 

7 made available for water supply and sanitation projects 

8 pursuant to section 136 of the Foreign Assistance Act of 

9 1961, of which not less than $225,000,000 shall be for pro10 grams in sub-Saharan Africa, and of which not less than 

11 $15,000,000 shall be made available to support initiatives 

12 by local communities in developing countries to build and 

13 maintain safe latrines. 

14 BUDGET DOCUMENTS

15 SEC. 7061. (a) OPERATING PLANS.—Not later than 45 

16 days after enactment of this Act, each department, agency, 

17 or organization funded in titles I, II, and VI of this Act, 

18 and the Department of the Treasury and Independent Agen19 cies funded in title III of this Act, including the Inter20 American Foundation and the United States African Devel21 opment Foundation, shall submit to the Committees on Ap22 propriations an operating plan for funds appropriated to 

23 such department, agency, or organization in such titles of 

24 this Act, or funds otherwise available for obligation in fiscal 

25 year 2020, that provides details of the uses of such funds 
933 

•HR 1865 EAH 

1 at the program, project, and activity level: Provided, That 

2 such plans shall include, as applicable, a comparison be3 tween the congressional budget justification funding levels, 

4 the most recent congressional directives or approved fund5 ing levels, and the funding levels proposed by the depart6 ment or agency; and a clear, concise, and informative de7 scription/justification: Provided further, That operating 

8 plans that include changes in levels of funding for pro9 grams, projects, and activities specified in the congressional 

10 budget justification, in this Act, or amounts specifically 

11 designated in the respective tables included in the explana12 tory statement described in section 4 (in the matter pre13 ceding division A of this consolidated Act), as applicable, 

14 shall be subject to the notification and reprogramming re15 quirements of section 7015 of this Act. 

16 (b) SPEND PLANS.— 

17 (1) Not later than 90 days after enactment of 

18 this Act, the Secretary of State or Administrator of 

19 the United States Agency for International Develop20 ment, as appropriate, shall submit to the Committees 

21 on Appropriations a spend plan for funds made 

22 available by this Act, for— 

23 (A) assistance for Afghanistan, Iraq, Leb24 anon, Pakistan, Colombia, and countries in Cen25 tral America; 
934 

•HR 1865 EAH 

1 (B) assistance made available pursuant to 

2 section 7047(d) of this Act to counter Russian 

3 influence and aggression, except that such plan 

4 shall be on a country-by-country basis; 

5 (C) assistance made available pursuant to 

6 section 7059 of this Act; 

7 (D) the Indo-Pacific Strategy; 

8 (E) democracy programs, Power Africa, 

9 and sectors enumerated in subsections (a), (c), 

10 (d), (e), (f), (g) and (h) of section 7060 of this 

11 Act; 

12 (F) funds provided under the heading 

13 ‘‘International Narcotics Control and Law En14 forcement’’ for International Organized Crime 

15 and for Cybercrime and Intellectual Property 

16 Rights: Provided, That the spend plans shall in17 clude bilateral and global programs funded 

18 under such heading along with a brief descrip19 tion of the activities planned for each country; 

20 and 

21 (G) the regional security initiatives de22 scribed under this heading in Senate Report 

23 116–126. 

24 (2) Not later than 90 days after enactment of 

25 this Act, the Secretary of the Treasury shall submit 
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•HR 1865 EAH 

1 to the Committees on Appropriations a detailed spend 

2 plan for funds made available by this Act under the 

3 heading ‘‘Department of the Treasury, International 

4 Affairs Technical Assistance’’ in title III. 

5 (c) SPENDING REPORT.—Not later than 45 days after 

6 enactment of this Act, the USAID Administrator shall sub7 mit to the Committees on Appropriations a detailed report 

8 on spending of funds made available during fiscal year 

9 2019 under the heading ‘‘Development Credit Authority’’. 

10 (d) CLARIFICATION.—The spend plans referenced in 

11 subsection (b) shall not be considered as meeting the notifi12 cation requirements in this Act or under section 634A of 

13 the Foreign Assistance Act of 1961. 

14 (e) CONGRESSIONAL BUDGET JUSTIFICATION.— 

15 (1) SUBMISSION.—The congressional budget jus16 tification for Department of State operations and for17 eign operations shall be provided to the Committees 

18 on Appropriations concurrent with the date of sub19 mission of the President’s budget for fiscal year 2021: 

20 Provided, That the appendices for such justification 

21 shall be provided to the Committees on Appropria22 tions not later than 10 calendar days thereafter. 

23 (2) MULTI-YEAR AVAILABILITY OF CERTAIN

24 FUNDS.—The Secretary of State and the USAID Ad25 ministrator shall include in the congressional budget 
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•HR 1865 EAH 

1 justification a detailed justification for multi-year 

2 availability for any funds requested under the head3 ings ‘‘Diplomatic Programs’’ and ‘‘Operating Ex4 penses’’. 

5 REORGANIZATION

6 SEC. 7062. (a) OVERSIGHT.— 

7 (1) PRIOR CONSULTATION AND NOTIFICATION.— 

8 Funds appropriated by this Act, prior Acts making 

9 appropriations for the Department of State, foreign 

10 operations, and related programs, or any other Act 

11 may not be used to implement a reorganization, rede12 sign, or other plan described in paragraph (2) by the 

13 Department of State, the United States Agency for 

14 International Development, or any other Federal de15 partment, agency, or organization funded by this Act 

16 without prior consultation by the head of such depart17 ment, agency, or organization with the appropriate 

18 congressional committees: Provided, That such funds 

19 shall be subject to the regular notification procedures 

20 of the Committees on Appropriations: Provided fur21 ther, That any such notification submitted to such 

22 Committees shall include a detailed justification for 

23 any proposed action, including the information speci24 fied under section 7073 of the joint explanatory state25 ment accompanying the Department of State, Foreign 
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•HR 1865 EAH 

1 Operations, and Related Programs Appropriations 

2 Act, 2019 (division F of Public Law 116–6): Provided 

3 further, That congressional notifications submitted in 

4 prior fiscal years pursuant to similar provisions of 

5 law in prior Acts making appropriations for the De6 partment of State, foreign operations, and related 

7 programs may be deemed to meet the notification re8 quirements of this section. 

9 (2) DESCRIPTION OF ACTIVITIES.—Pursuant to 

10 paragraph (1), a reorganization, redesign, or other 

11 plan shall include any action to— 

12 (A) expand, eliminate, consolidate, or 

13 downsize covered departments, agencies, or orga14 nizations, including bureaus and offices within 

15 or between such departments, agencies, or orga16 nizations, including the transfer to other agen17 cies of the authorities and responsibilities of such 

18 bureaus and offices; 

19 (B) expand, eliminate, consolidate, or 

20 downsize the United States official presence over21 seas, including at bilateral, regional, and multi22 lateral diplomatic facilities and other platforms; 

23 or 

24 (C) expand or reduce the size of the perma25 nent Civil Service, Foreign Service, eligible fam-
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•HR 1865 EAH 

1 ily member, and locally employed staff workforce 

2 of the Department of State and USAID from the 

3 levels specified in sections 7063(d)(1) and 

4 7064(i)(1) of this Act. 

5 (b) ADDITIONAL REQUIREMENTS AND LIMITATIONS.— 

6 (1) USAID REORGANIZATION.—Not later than 

7 30 days after enactment of this Act, and quarterly 

8 thereafter until September 30, 2021, the USAID Ad9 ministrator shall submit a report to the appropriate 

10 congressional committees on the status of USAID’s re11 organization in the manner described in House Re12 port 116–78. 

13 (2) BUREAU OF POPULATION, REFUGEES, AND

14 MIGRATION, DEPARTMENT OF STATE.—None of the 

15 funds appropriated by this Act, prior Acts making 

16 appropriations for the Department of State, foreign 

17 operations, and related programs, or any other Act 

18 may be used to downsize, downgrade, consolidate, 

19 close, move, or relocate the Bureau of Population, Ref20 ugees, and Migration, Department of State, or any 

21 activities of such Bureau, to another Federal agency. 

22 (3) ADMINISTRATION OF FUNDS.—Funds made 

23 available by this Act— 

24 (A) under the heading ‘‘Migration and Ref25 ugee Assistance’’ shall be administered by the As-
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•HR 1865 EAH 

1 sistant Secretary for Population, Refugees, and 

2 Migration, Department of State, and this re3 sponsibility shall not be delegated; and 

4 (B) that are made available for the Office of 

5 Global Women’s Issues shall be administered by 

6 the United States Ambassador-at-Large for Glob7 al Women’s Issues, Department of State, and 

8 this responsibility shall not be delegated. 

9 DEPARTMENT OF STATE MANAGEMENT

10 SEC. 7063. (a) FINANCIAL SYSTEMS IMPROVEMENT.— 

11 Funds appropriated by this Act for the operations of the 

12 Department of State under the headings ‘‘Diplomatic Pro13 grams’’ and ‘‘Capital Investment Fund’’ shall be made 

14 available to implement the recommendations contained in 

15 the Foreign Assistance Data Review Findings Report 

16 (FADR) and the Office of Inspector General (OIG) report 

17 entitled ‘‘Department Financial Systems Are Insufficient to 

18 Track and Report on Foreign Assistance Funds’’: Provided, 

19 That not later than 45 days after enactment of this Act, 

20 the Secretary of State shall submit to the Committees on 

21 Appropriations an update to the plan required under sec22 tion 7006 of the Department of State, Foreign Operations, 

23 and Related Programs Appropriations Act, 2017 (division 

24 J of Public Law 115–31) for implementing the FADR and 

25 OIG recommendations: Provided further, That such funds 
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•HR 1865 EAH 

1 may not be obligated for enhancements to, or expansions 

2 of, the Budget System Modernization Financial System, 

3 Central Resource Management System, Joint Financial 

4 Management System, or Foreign Assistance Coordination 

5 and Tracking System until such updated plan is submitted 

6 to the Committees on Appropriations: Provided further, 

7 That such funds may not be obligated for new, or expansion 

8 of existing, ad hoc electronic systems to track commitments, 

9 obligations, or expenditures of funds unless the Secretary 

10 of State, following consultation with the Chief Information 

11 Officer of the Department of State, has reviewed and cer12 tified that such new system or expansion is consistent with 

13 the FADR and OIG recommendations. 

14 (b) WORKING CAPITAL FUND.—Funds appropriated 

15 by this Act or otherwise made available to the Department 

16 of State for payments to the Working Capital Fund may 

17 only be used for the service centers included in the Congres18 sional Budget Justification, Department of State, Foreign 

19 Operations, and Related Programs, Fiscal Year 2020: Pro20 vided, That the amounts for such service centers shall be 

21 the amounts included in such budget justification, except 

22 as provided in section 7015(b) of this Act: Provided further, 

23 That Federal agency components shall be charged only for 

24 their direct usage of each Working Capital Fund service: 

25 Provided further, That prior to increasing the percentage 
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•HR 1865 EAH 

1 charged to Department of State bureaus and offices for pro2 curement-related activities, the Secretary of State shall in3 clude the proposed increase in the Department of State 

4 budget justification or, at least 60 days prior to the in5 crease, provide the Committees on Appropriations a jus6 tification for such increase, including a detailed assessment 

7 of the cost and benefit of the services provided by the pro8 curement fee: Provided further, That Federal agency compo9 nents may only pay for Working Capital Fund services that 

10 are consistent with the purpose and authorities of such com11 ponents: Provided further, That the Working Capital Fund 

12 shall be paid in advance or reimbursed at rates which will 

13 return the full cost of each service. 

14 (c) CERTIFICATION.— 

15 (1) COMPLIANCE.—Not later than 45 days after 

16 the initial obligation of funds appropriated under ti17 tles III and IV of this Act that are made available 

18 to a Department of State bureau or office with re19 sponsibility for the management and oversight of such 

20 funds, the Secretary of State shall certify and report 

21 to the Committees on Appropriations, on an indi22 vidual bureau or office basis, that such bureau or of23 fice is in compliance with Department and Federal 

24 financial and grants management policies, proce25 dures, and regulations, as applicable. 
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•HR 1865 EAH 

1 (2) CONSIDERATIONS.—When making a certifi2 cation required by paragraph (1), the Secretary of 

3 State shall consider the capacity of a bureau or office 

4 to— 

5 (A) account for the obligated funds at the 

6 country and program level, as appropriate; 

7 (B) identify risks and develop mitigation 

8 and monitoring plans; 

9 (C) establish performance measures and in10 dicators; 

11 (D) review activities and performance; and 

12 (E) assess final results and reconcile fi13 nances. 

14 (3) PLAN.—If the Secretary of State is unable to 

15 make a certification required by paragraph (1), the 

16 Secretary shall submit a plan and timeline detailing 

17 the steps to be taken to bring such bureau or office 

18 into compliance. 

19 (d) PERSONNEL LEVELS.— 

20 (1) Funds made available by this Act are made 

21 available to support the permanent Foreign Service 

22 and Civil Service staff levels of the Department of 

23 State at not less than the hiring targets established in 

24 the fiscal year 2019 operating plan. 
943 

•HR 1865 EAH 

1 (2) Not later than 60 days after enactment of 

2 this Act, and every 60 days thereafter until September 

3 30, 2021, the Secretary of State shall report to the ap4 propriate congressional committees on the on-board 

5 personnel levels, hiring, and attrition of the Civil 

6 Service, Foreign Service, eligible family member, and 

7 locally employed staff workforce of the Department of 

8 State, on an operating unit-by-operating unit basis: 

9 Provided, That such report shall also include a hiring 

10 plan, including timelines, for maintaining the agen11 cy-wide, on-board Foreign Service and Civil Service 

12 at not less than the levels specified in paragraph (1). 

13 (e) INFORMATION TECHNOLOGY PLATFORM.— 

14 (1) None of the funds appropriated in title I of 

15 this Act under the heading ‘‘Administration of For16 eign Affairs’’ may be made available for a new major 

17 information technology (IT) investment without the 

18 concurrence of the Chief Information Officer, Depart19 ment of State. 

20 (2) None of the funds made available by this Act 

21 and prior Acts making appropriations for the De22 partment of State, foreign operations, and related 

23 programs may be used by an agency to submit a 

24 project proposal to the Technology Modernization 

25 Board for funding from the Technology Modernization 
944 

•HR 1865 EAH 

1 Fund unless, not later than 15 days in advance of 

2 submitting the project proposal to the Board, the head 

3 of the agency— 

4 (A) notifies the Committees on Appropria5 tions of the proposed submission of the project 

6 proposal; and 

7 (B) submits to the Committees on Appro8 priations a copy of the project proposal. 

9 (3) None of the funds made available by this Act 

10 and prior Acts making appropriations for the De11 partment of State, foreign operations, and related 

12 programs may be used by an agency to carry out a 

13 project that is approved by the Board unless the head 

14 of the agency— 

15 (A) submits to the Committees on Appro16 priations a copy of the approved project pro17 posal, including the terms of reimbursement of 

18 funding received for the project; and 

19 (B) agrees to submit to the Committees on 

20 Appropriations a copy of each report relating to 

21 the project that the head of the agency submits 

22 to the Board. 
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1 UNITED STATES AGENCY FOR INTERNATIONAL

2 DEVELOPMENT MANAGEMENT

3 SEC. 7064. (a) AUTHORITY.—Up to $100,000,000 of 

4 the funds made available in title III of this Act pursuant 

5 to or to carry out the provisions of part I of the Foreign 

6 Assistance Act of 1961, including funds appropriated under 

7 the heading ‘‘Assistance for Europe, Eurasia and Central 

8 Asia’’, may be used by the United States Agency for Inter9 national Development to hire and employ individuals in 

10 the United States and overseas on a limited appointment 

11 basis pursuant to the authority of sections 308 and 309 of 

12 the Foreign Service Act of 1980 (22 U.S.C. 3948 and 3949). 

13 (b) RESTRICTION.—The authority to hire individuals 

14 contained in subsection (a) shall expire on September 30, 

15 2021. 

16 (c) PROGRAM ACCOUNT CHARGED.—The account 

17 charged for the cost of an individual hired and employed 

18 under the authority of this section shall be the account to 

19 which the responsibilities of such individual primarily re20 late: Provided, That funds made available to carry out this 

21 section may be transferred to, and merged with, funds ap22 propriated by this Act in title II under the heading ‘‘Oper23 ating Expenses’’. 

24 (d) FOREIGN SERVICE LIMITED EXTENSIONS.—Indi25 viduals hired and employed by USAID, with funds made 
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•HR 1865 EAH 

1 available in this Act or prior Acts making appropriations 

2 for the Department of State, foreign operations, and related 

3 programs, pursuant to the authority of section 309 of the 

4 Foreign Service Act of 1980 (22 U.S.C. 3949), may be ex5 tended for a period of up to 4 years notwithstanding the 

6 limitation set forth in such section. 

7 (e) DISASTER SURGE CAPACITY.—Funds appropriated 

8 under title III of this Act to carry out part I of the Foreign 

9 Assistance Act of 1961, including funds appropriated under 

10 the heading ‘‘Assistance for Europe, Eurasia and Central 

11 Asia’’, may be used, in addition to funds otherwise avail12 able for such purposes, for the cost (including the support 

13 costs) of individuals detailed to or employed by USAID 

14 whose primary responsibility is to carry out programs in 

15 response to natural disasters, or man-made disasters subject 

16 to the regular notification procedures of the Committees on 

17 Appropriations. 

18 (f) PERSONAL SERVICES CONTRACTORS.—Funds ap19 propriated by this Act to carry out chapter 1 of part I, 

20 chapter 4 of part II, and section 667 of the Foreign Assist21 ance Act of 1961, and title II of the Food for Peace Act 

22 (Public Law 83–480; 7 U.S.C. 1721 et seq.), may be used 

23 by USAID to employ up to 40 personal services contractors 

24 in the United States, notwithstanding any other provision 

25 of law, for the purpose of providing direct, interim support 
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•HR 1865 EAH 

1 for new or expanded overseas programs and activities man2 aged by the agency until permanent direct hire personnel 

3 are hired and trained: Provided, That not more than 15 

4 of such contractors shall be assigned to any bureau or office: 

5 Provided further, That such funds appropriated to carry 

6 out title II of the Food for Peace Act (Public Law 83–480; 

7 7 U.S.C. 1721 et seq.), may be made available only for per8 sonal services contractors assigned to the Office of Food for 

9 Peace. 

10 (g) SMALL BUSINESS.—In entering into multiple 

11 award indefinite-quantity contracts with funds appro12 priated by this Act, USAID may provide an exception to 

13 the fair opportunity process for placing task orders under 

14 such contracts when the order is placed with any category 

15 of small or small disadvantaged business. 

16 (h) SENIOR FOREIGN SERVICE LIMITED APPOINT17 MENTS.—Individuals hired pursuant to the authority pro18 vided by section 7059(o) of the Department of State, For19 eign Operations, and Related Programs Appropriations 

20 Act, 2010 (division F of Public Law 111–117) may be as21 signed to or support programs in Afghanistan or Pakistan 

22 with funds made available in this Act and prior Acts mak23 ing appropriations for the Department of State, foreign op24 erations, and related programs. 

25 (i) PERSONNEL LEVELS.— 
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1 (1) Funds made available by this Act under the 

2 heading ‘‘Operating Expenses’’ are made available to 

3 support 1,850 permanent Foreign Service Officers 

4 and 1,600 permanent Civil Service staff. 

5 (2) Not later than 60 days after enactment of 

6 this Act, and every 60 days thereafter until September 

7 30, 2021, the USAID Administrator shall report to 

8 the appropriate congressional committees on the on9 board personnel levels, hiring, and attrition of the 

10 Civil Service, Foreign Service, and foreign service na11 tional workforce of USAID, on an operating unit-by12 operating unit basis: Provided, That such report shall 

13 also include a hiring plan, including timelines, for 

14 maintaining the agency-wide, on-board Foreign Serv15 ice Officers and Civil Service staff at not less than the 

16 levels specified in paragraph (1). 

17 STABILIZATION AND DEVELOPMENT IN REGIONS IMPACTED

18 BY EXTREMISM AND CONFLICT

19 SEC. 7065. (a) RELIEF AND RECOVERY FUND.— 

20 (1) FUNDS AND TRANSFER AUTHORITY.—Of the 

21 funds appropriated by this Act under the headings 

22 ‘‘Economic Support Fund’’, ‘‘International Narcotics 

23 Control and Law Enforcement’’, ‘‘Nonproliferation, 

24 Anti-terrorism, Demining and Related Programs’’, 

25 ‘‘Peacekeeping Operations’’, and ‘‘Foreign Military 
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•HR 1865 EAH 

1 Financing Program’’, not less than $200,000,000 

2 shall be made available for the Relief and Recovery 

3 Fund for assistance for areas liberated or at risk 

4 from, or under the control of, the Islamic State of 

5 Iraq and Syria, other terrorist organizations, or vio6 lent extremist organizations, including for stabiliza7 tion assistance for vulnerable ethnic and religious mi8 nority communities affected by conflict: Provided, 

9 That unless specifically designated in this Act or in 

10 the explanatory statement described in section 4 (in 

11 the matter preceding division A of this consolidated 

12 Act) for assistance for countries, such funds are in 

13 addition to amounts otherwise made available for 

14 such purposes: Provided further, That such funds ap15 propriated under such headings may be transferred 

16 to, and merged with, funds appropriated under such 

17 headings: Provided further, That such transfer au18 thority is in addition to any other transfer authority 

19 provided by this Act or any other Act, and is subject 

20 to the regular notification procedures of the Commit21 tees on Appropriations. 

22 (2) TRANSITIONAL JUSTICE.—Of the funds ap23 propriated by this Act under the headings ‘‘Economic 

24 Support Fund’’ and ‘‘International Narcotics Control 

25 and Law Enforcement’’ that are made available for 
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•HR 1865 EAH 

1 the Relief and Recovery Fund, not less than 

2 $10,000,000 shall be made available for programs to 

3 promote accountability for genocide, crimes against 

4 humanity, and war crimes, including in Iraq and 

5 Syria, which shall be in addition to any other funds 

6 made available by this Act for such purposes: Pro7 vided, That such programs shall include components 

8 to develop local investigative and judicial skills, and 

9 to collect and preserve evidence and maintain the 

10 chain of custody of evidence, including for use in 

11 prosecutions, and may include the establishment of, 

12 and assistance for, transitional justice mechanisms: 

13 Provided further, That such funds shall be adminis14 tered by the Special Coordinator for the Office of 

15 Global Criminal Justice, Department of State: Pro16 vided further, That funds made available by this 

17 paragraph shall be made available on an open and 

18 competitive basis. 

19 (b) COUNTERING VIOLENT EXTREMISM IN ASIA.—Of 

20 the funds appropriated by this Act under the heading ‘‘Eco21 nomic Support Fund’’, not less than $2,500,000 shall be 

22 made available for programs to counter violent extremism 

23 in Asia, including within the Buddhist community: Pro24 vided, That such funds are in addition to funds otherwise 

25 made available by this Act for such purposes. 
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•HR 1865 EAH 

1 (c) GLOBAL COMMUNITY ENGAGEMENT AND RESIL2 IENCE FUND.—Of the funds appropriated by this Act and 

3 prior Acts making appropriations for the Department of 

4 State, foreign operations, and related programs under the 

5 heading ‘‘Economic Support Fund’’, $5,000,000 shall be 

6 made available to the Global Community Engagement and 

7 Resilience Fund (GCERF), including as a contribution: 

8 Provided, That any such funds made available for the 

9 GCERF shall be made available on a cost-matching basis 

10 from sources other than the United States Government, to 

11 the maximum extent practicable, and shall be subject to the 

12 regular notification procedures of the Committees on Appro13 priations. 

14 (d) GLOBAL CONCESSIONAL FINANCING FACILITY.—Of 

15 the funds appropriated by this Act under the heading ‘‘Eco16 nomic Support Fund’’, $25,000,000 shall be made available 

17 for the Global Concessional Financing Facility of the World 

18 Bank to provide financing to support refugees and host 

19 communities: Provided, That such funds shall be in addi20 tion to funds allocated for bilateral assistance in the report 

21 required by section 653(a) of the Foreign Assistance Act of 

22 1961, and may only be made available subject to prior to 

23 consultation with the Committees on Appropriations. 
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•HR 1865 EAH 

1 DISABILITY PROGRAMS

2 SEC. 7066. (a) ASSISTANCE.—Funds appropriated by 

3 this Act under the heading ‘‘Development Assistance’’ shall 

4 be made available for programs and activities administered 

5 by the United States Agency for International Development 

6 to address the needs and protect and promote the rights of 

7 people with disabilities in developing countries, including 

8 initiatives that focus on independent living, economic self9 sufficiency, advocacy, education, employment, transpor10 tation, sports, and integration of individuals with disabil11 ities, including for the cost of translation. 

12 (b) MANAGEMENT, OVERSIGHT, AND TECHNICAL SUP13 PORT.—Of the funds made available pursuant to this sec14 tion, 5 percent may be used by USAID for management, 

15 oversight, and technical support. 

16 DEBT-FOR-DEVELOPMENT

17 SEC. 7067. In order to enhance the continued partici18 pation of nongovernmental organizations in debt-for-devel19 opment and debt-for-nature exchanges, a nongovernmental 

20 organization which is a grantee or contractor of the United 

21 States Agency for International Development may place in 

22 interest bearing accounts local currencies which accrue to 

23 that organization as a result of economic assistance pro24 vided under title III of this Act and, subject to the regular 

25 notification procedures of the Committees on Appropria-
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•HR 1865 EAH 

1 tions, any interest earned on such investment shall be used 

2 for the purpose for which the assistance was provided to 

3 that organization. 

4 ENTERPRISE FUNDS

5 SEC. 7068. (a) NOTIFICATION.—None of the funds 

6 made available under titles III through VI of this Act may 

7 be made available for Enterprise Funds unless the appro8 priate congressional committees are notified at least 15 

9 days in advance. 

10 (b) DISTRIBUTION OF ASSETS PLAN.—Prior to the dis11 tribution of any assets resulting from any liquidation, dis12 solution, or winding up of an Enterprise Fund, in whole 

13 or in part, the President shall submit to the appropriate 

14 congressional committees a plan for the distribution of the 

15 assets of the Enterprise Fund. 

16 (c) TRANSITION OR OPERATING PLAN.—Prior to a 

17 transition to and operation of any private equity fund or 

18 other parallel investment fund under an existing Enterprise 

19 Fund, the President shall submit such transition or oper20 ating plan to the appropriate congressional committees. 

21 RESCISSIONS

22 (INCLUDING RESCISSIONS OF FUNDS)

23 SEC. 7069. (a) ECONOMIC SUPPORT FUND.— 

24 (1) Of the unobligated balances available under 

25 the Economic Support Fund, identified by Treasury 
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•HR 1865 EAH 

1 Appropriation Fund Symbol 72 X 1037, $32,000,000 

2 are rescinded. 

3 (2) Of the unobligated and unexpended balances 

4 available to the President for bilateral economic as5 sistance under the heading ‘‘Economic Support 

6 Fund’’ from prior Acts making appropriations for the 

7 Department of State, foreign operations, and related 

8 programs, $200,000,000 shall be deobligated, as ap9 propriate, and shall be rescinded. 

10 (3) For the purposes of this subsection, no 

11 amounts may be rescinded from amounts that were 

12 designated by Congress as an emergency requirement 

13 or for Overseas Contingency Operations/Global War 

14 on Terrorism pursuant to a concurrent resolution on 

15 the budget or the Balanced Budget and Emergency 

16 Deficit Control Act of 1985. 

17 (b) EMBASSY SECURITY, CONSTRUCTION, AND MAIN18 TENANCE.—Of the unobligated balances from amounts 

19 available under the heading ‘‘Embassy Security, Construc20 tion, and Maintenance’’ in title II of the Security Assist21 ance Appropriations Act, 2017 (division B of Public Law 

22 114–254), $242,462,000 are rescinded: Provided, That such 

23 funds that were previously designated by the Congress for 

24 Overseas Contingency Operations/Global War on Terrorism 

25 pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget 
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•HR 1865 EAH 

1 and Emergency Deficit Control Act of 1985 are designated 

2 by the Congress for Overseas Contingency Operations/Glob3 al War on Terrorism pursuant to section 251(b)(2)(A)(ii) 

4 of such Act. 

5 (c) COMPLEX CRISES FUND.—Of the unobligated bal6 ances from amounts made available under title VIII in 

7 prior Acts making appropriations for the Department of 

8 State, foreign operations, and related programs under the 

9 heading ‘‘Complex Crises Fund’’, $40,000,000 are re10 scinded: Provided, That such funds that were previously 

11 designated by the Congress for Overseas Contingency Oper12 ations/Global War on Terrorism pursuant to section 

13 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

14 Deficit Control Act of 1985 are designated by the Congress 

15 for Overseas Contingency Operations/Global War on Ter16 rorism pursuant to section 251(b)(2)(A)(ii) of such Act. 

17 (d) EXPORT-IMPORT BANK OF THE UNITED

18 STATES.—Of the unobligated balances available under the 

19 heading ‘‘Export and Investment Assistance, Export-Im20 port Bank of the United States, Subsidy Appropriation’’ 

21 for tied-aid grants from prior Acts making appropriations 

22 for the Department of State, foreign operations, and related 

23 programs, $64,282,000 are rescinded. 
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•HR 1865 EAH 

1 This division may be cited as the ‘‘Department of 

2 State, Foreign Operations, and Related Programs Appro3 priations Act, 2020’’. 

4 DIVISION H—TRANSPORTATION, HOUSING 

5 AND URBAN DEVELOPMENT, AND RE6 LATED AGENCIES APPROPRIATIONS 

7 ACT, 2020 

8 TITLE I 

9 DEPARTMENT OF TRANSPORTATION 

10 OFFICE OF THE SECRETARY

11 SALARIES AND EXPENSES

12 For necessary expenses of the Office of the Secretary, 

13 $115,490,000, of which not to exceed $3,100,000 shall be 

14 available for the immediate Office of the Secretary; not to 

15 exceed $1,000,000 shall be available for the immediate Of16 fice of the Deputy Secretary; not to exceed $21,000,000 shall 

17 be available for the Office of the General Counsel; not to 

18 exceed $10,500,000 shall be available for the Office of the 

19 Under Secretary of Transportation for Policy; not to exceed 

20 $15,000,000 shall be available for the Office of the Assistant 

21 Secretary for Budget and Programs; not to exceed 

22 $2,650,000 shall be available for the Office of the Assistant 

23 Secretary for Governmental Affairs; not to exceed 

24 $29,244,000 shall be available for the Office of the Assistant 

25 Secretary for Administration; not to exceed $2,142,000 shall 
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•HR 1865 EAH 

1 be available for the Office of Public Affairs; not to exceed 

2 $1,859,000 shall be available for the Office of the Executive 

3 Secretariat; not to exceed $12,181,000 shall be available for 

4 the Office of Intelligence, Security, and Emergency Re5 sponse; and not to exceed $16,814,000 shall be available for 

6 the Office of the Chief Information Officer: Provided, That 

7 the Secretary of Transportation is authorized to transfer 

8 funds appropriated for any office of the Office of the Sec9 retary to any other office of the Office of the Secretary: Pro10 vided further, That no appropriation for any office shall 

11 be increased or decreased by more than 7 percent by all 

12 such transfers: Provided further, That notice of any change 

13 in funding greater than 7 percent shall be submitted for 

14 approval to the House and Senate Committees on Appro15 priations: Provided further, That not to exceed $60,000 

16 shall be for allocation within the Department for official 

17 reception and representation expenses as the Secretary may 

18 determine: Provided further, That notwithstanding any 

19 other provision of law, excluding fees authorized in Public 

20 Law 107–71, there may be credited to this appropriation 

21 up to $2,500,000 in funds received in user fees: Provided 

22 further, That none of the funds provided in this Act shall 

23 be available for the position of Assistant Secretary for Pub24 lic Affairs. 
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1 RESEARCH AND TECHNOLOGY

2 For necessary expenses related to the Office of the As3 sistant Secretary for Research and Technology, 

4 $21,000,000, of which $14,218,000 shall remain available 

5 until expended for (1) $5,000,000 for new competitive 

6 grants under section 5505 of title 49, United States Code, 

7 for Tier I University Transportation Centers, (2) 

8 $1,000,000 for the establishment of an emergency planning 

9 transportation data initiative to conduct research and de10 velop models for data integration of geo-located weather and 

11 roadways information for emergency and other severe 

12 weather conditions to improve public safety and emergency 

13 evacuation and response capabilities, (3) $1,000,000 for the 

14 Secretary of Transportation to enter into an agreement 

15 with the National Academies of Sciences, Engineering, and 

16 Medicine to conduct a study through the Transportation 

17 Research Board on effective ways to measure the resilience 

18 of transportation systems and services to natural disasters, 

19 natural hazards, and other potential disruptions, and (4) 

20 $5,000,000 for the establishment of a Highly Automated 

21 Systems Safety Center of Excellence as required in section 

22 105 of this Act: Provided, That such amounts are in addi23 tion to amounts previously provided for Tier I University 

24 Transportation Centers: Provided further, That such 

25 amounts for additional Tier I University Transportation 
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•HR 1865 EAH 

1 Centers under this heading are provided notwithstanding 

2 section 5505(c)(4)(A) of title 49, United States Code: Pro3 vided further, That there may be credited to this appropria4 tion, to be available until expended, funds received from 

5 States, counties, municipalities, other public authorities, 

6 and private sources for expenses incurred for training: Pro7 vided further, That any reference in law, regulation, judi8 cial proceedings, or elsewhere to the Research and Innova9 tive Technology Administration shall continue to be deemed 

10 to be a reference to the Office of the Assistant Secretary 

11 for Research and Technology of the Department of Trans12 portation. 

13 NATIONAL INFRASTRUCTURE INVESTMENTS

14 For capital investments in surface transportation in15 frastructure, $1,000,000,000, to remain available through 

16 September 30, 2022: Provided, That the Secretary of Trans17 portation shall distribute funds provided under this heading 

18 as discretionary grants to be awarded to a State, local gov19 ernment, transit agency, port authority, or a collaboration 

20 among such entities on a competitive basis for projects that 

21 will have a significant local or regional impact: Provided 

22 further, That projects eligible for funding provided under 

23 this heading shall include, but not be limited to, highway 

24 or bridge projects eligible under title 23, United States 

25 Code; public transportation projects eligible under chapter 
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•HR 1865 EAH 

1 53 of title 49, United States Code; passenger and freight 

2 rail transportation projects; port infrastructure investments 

3 (including inland port infrastructure and land ports of 

4 entry); and projects investing in surface transportation fa5 cilities that are located on tribal land and for which title 

6 or maintenance responsibility is vested in the Federal Gov7 ernment: Provided further, That of the amount made avail8 able under this heading, the Secretary shall use an amount 

9 not less than $15,000,000 for the planning, preparation or 

10 design of projects eligible for funding under this heading: 

11 Provided further, That grants awarded under the previous 

12 proviso shall not be subject to a minimum grant size: Pro13 vided further, That the Secretary may use up to 20 percent 

14 of the funds made available under this heading for the pur15 pose of paying the subsidy and administrative costs of 

16 projects eligible for Federal credit assistance under chapter 

17 6 of title 23, United States Code, or sections 501 through 

18 504 of the Railroad Revitalization and Regulatory Reform 

19 Act of 1976 (Public Law 94–210), as amended, if the Sec20 retary finds that such use of the funds would advance the 

21 purposes of this paragraph: Provided further, That in dis22 tributing funds provided under this heading, the Secretary 

23 shall take such measures so as to ensure an equitable geo24 graphic distribution of funds, an appropriate balance in 

25 addressing the needs of urban and rural areas, and the in-
961 

•HR 1865 EAH 

1 vestment in a variety of transportation modes: Provided 

2 further, That a grant funded under this heading shall be 

3 not less than $5,000,000 and not greater than $25,000,000: 

4 Provided further, That not more than 10 percent of the 

5 funds made available under this heading may be awarded 

6 to projects in a single State: Provided further, That the Fed7 eral share of the costs for which an expenditure is made 

8 under this heading shall be, at the option of the recipient, 

9 up to 80 percent: Provided further, That the Secretary shall 

10 give priority to projects that require a contribution of Fed11 eral funds in order to complete an overall financing pack12 age: Provided further, That an award under this heading 

13 is an urban award if it is to a project located within or 

14 on the boundary of an Urbanized Area (UA), as designated 

15 by the U.S. Census Bureau, that had a population greater 

16 than 200,000 in the 2010 Census: Provided further, That 

17 for the purpose of determining if an award for planning, 

18 preparation or design is an urban award, the project loca19 tion is the location of the project being planned, prepared 

20 or designed: Provided further, That each award under this 

21 heading that is not an urban award is a rural award: Pro22 vided further, That of the funds awarded under this head23 ing, not more than 50 percent shall be awarded as urban 

24 awards and rural awards, respectively: Provided further, 

25 That for rural awards, the minimum grant size shall be 
962 

•HR 1865 EAH 

1 $1,000,000 and the Secretary may increase the Federal 

2 share of costs above 80 percent: Provided further, That 

3 projects conducted using funds provided under this heading 

4 must comply with the requirements of subchapter IV of 

5 chapter 31 of title 40, United States Code: Provided further, 

6 That the Secretary shall conduct a new competition to select 

7 the grants and credit assistance awarded under this head8 ing: Provided further, That the Secretary may retain up 

9 to $25,000,000 of the funds provided under this heading, 

10 and may transfer portions of those funds to the Administra11 tors of the Federal Highway Administration, the Federal 

12 Transit Administration, the Federal Railroad Administra13 tion, and the Maritime Administration to fund the award 

14 and oversight of grants and credit assistance made under 

15 the National Infrastructure Investments program: Provided 

16 further, That none of the funds provided in the previous 

17 proviso may be used to hire additional personnel: Provided 

18 further, That the Secretary shall consider and award 

19 projects based solely on the selection criteria from the fiscal 

20 year 2017 Notice of Funding Opportunity: Provided fur21 ther, That, notwithstanding the previous proviso, the Sec22 retary shall not use the Federal share or an applicant’s 

23 ability to generate non-Federal revenue as a selection cri24 teria in awarding projects: Provided further, That the Sec25 retary shall issue the Notice of Funding Opportunity no 
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•HR 1865 EAH 

1 later than 60 days after enactment of this Act: Provided 

2 further, That such Notice of Funding Opportunity shall re3 quire application submissions 90 days after the publishing 

4 of such Notice: Provided further, That of the applications 

5 submitted under the previous two provisos, the Secretary 

6 shall make grants no later than 270 days after enactment 

7 of this Act in such amounts that the Secretary determines: 

8 Provided further, That such sums provided for national in9 frastructure investments for multimodal safety projects 

10 under title VIII of division F of the Consolidated and Fur11 ther Continuing Appropriations Act, 2013 (Public Law 

12 113–6; 127 Stat. 423) shall remain available through fiscal 

13 year 2024 for the liquidation of valid obligations of active 

14 grants awarded with this funding: Provided further, That 

15 the preceding proviso shall be applied as if it were in effect 

16 on September 30, 2019. 

17 NATIONAL SURFACE TRANSPORTATION AND INNOVATIVE

18 FINANCE BUREAU

19 For necessary expenses of the National Surface Trans20 portation and Innovative Finance Bureau as authorized by 

21 49 U.S.C. 116, $5,000,000, to remain available until ex22 pended: Provided, That the Secretary shall notify the House 

23 and Senate Committees on Appropriations no less than 15 

24 days prior to exercising the transfer authority granted 

25 under section 116(h) of title 49, United States Code. 
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•HR 1865 EAH 

1 FINANCIAL MANAGEMENT CAPITAL

2 For necessary expenses for upgrading and enhancing 

3 the Department of Transportation’s financial systems and 

4 re-engineering business processes, $2,000,000, to remain 

5 available through September 30, 2021. 

6 CYBER SECURITY INITIATIVES

7 For necessary expenses for cyber security initiatives, 

8 including necessary upgrades to wide area network and in9 formation technology infrastructure, improvement of net10 work perimeter controls and identity management, testing 

11 and assessment of information technology against business, 

12 security, and other requirements, implementation of Fed13 eral cyber security initiatives and information infrastruc14 ture enhancements, and implementation of enhanced secu15 rity controls on network devices, $15,000,000, to remain 

16 available through September 30, 2021. 

17 OFFICE OF CIVIL RIGHTS

18 For necessary expenses of the Office of Civil Rights, 

19 $9,470,000. 

20 TRANSPORTATION PLANNING, RESEARCH, AND

21 DEVELOPMENT

22 For necessary expenses for conducting transportation 

23 planning, research, systems development, development ac24 tivities, and making grants, $10,879,000, to remain avail25 able until expended: Provided, That of such amount, 
965 

•HR 1865 EAH 

1 $1,000,000 shall be for necessary expenses of the Interagency 

2 Infrastructure Permitting Improvement Center (IIPIC): 

3 Provided further, That there may be transferred to this ap4 propriation, to remain available until expended, amounts 

5 transferred from other Federal agencies for expenses in6 curred under this heading for IIPIC activities not related 

7 to transportation infrastructure: Provided further, That the 

8 tools and analysis developed by the IIPIC shall be available 

9 to other Federal agencies for the permitting and review of 

10 major infrastructure projects not related to transportation 

11 only to the extent that other Federal agencies provide fund12 ing to the Department as provided for under the previous 

13 proviso. 

14 WORKING CAPITAL FUND

15 For necessary expenses for operating costs and capital 

16 outlays of the Working Capital Fund, not to exceed 

17 $319,793,000, shall be paid from appropriations made 

18 available to the Department of Transportation: Provided, 

19 That such services shall be provided on a competitive basis 

20 to entities within the Department of Transportation: Pro21 vided further, That the above limitation on operating ex22 penses shall not apply to non-DOT entities: Provided fur23 ther, That no funds appropriated in this Act to an agency 

24 of the Department shall be transferred to the Working Cap25 ital Fund without majority approval of the Working Cap-
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•HR 1865 EAH 

1 ital Fund Steering Committee and approval of the Sec2 retary: Provided further, That no assessments may be levied 

3 against any program, budget activity, subactivity or project 

4 funded by this Act unless notice of such assessments and 

5 the basis therefor are presented to the House and Senate 

6 Committees on Appropriations and are approved by such 

7 Committees. 

8 SMALL AND DISADVANTAGED BUSINESS UTILIZATION AND

9 OUTREACH

10 For necessary expenses for small and disadvantaged 

11 business utilization and outreach activities, $4,646,000, to 

12 remain available until September 30, 2021: Provided, That 

13 notwithstanding 49 U.S.C. 332, these funds may be used 

14 for business opportunities related to any mode of transpor15 tation: Provided further, That appropriations made avail16 able under this heading shall be available for any purpose 

17 consistent with prior year appropriations that were made 

18 available under the heading ‘‘Minority Business Resource 

19 Center Program’’. 

20 PAYMENTS TO AIR CARRIERS

21 (AIRPORT AND AIRWAY TRUST FUND)

22 In addition to funds made available from any other 

23 source to carry out the essential air service program under 

24 49 U.S.C. 41731 through 41742, $162,000,000, to be derived 

25 from the Airport and Airway Trust Fund, to remain avail-
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•HR 1865 EAH 

1 able until expended: Provided, That in determining between 

2 or among carriers competing to provide service to a commu3 nity, the Secretary may consider the relative subsidy re4 quirements of the carriers: Provided further, That basic es5 sential air service minimum requirements shall not include 

6 the 15-passenger capacity requirement under section 

7 41732(b)(3) of title 49, United States Code: Provided fur8 ther, That none of the funds in this Act or any other Act 

9 shall be used to enter into a new contract with a community 

10 located less than 40 miles from the nearest small hub air11 port before the Secretary has negotiated with the commu12 nity over a local cost share: Provided further, That amounts 

13 authorized to be distributed for the essential air service pro14 gram under section 41742(b) of title 49, United States Code, 

15 shall be made available immediately from amounts other16 wise provided to the Administrator of the Federal Aviation 

17 Administration: Provided further, That the Administrator 

18 may reimburse such amounts from fees credited to the ac19 count established under section 45303 of title 49, United 

20 States Code. 

21 ADMINISTRATIVE PROVISIONS—OFFICE OF THE SECRETARY

22 OF TRANSPORTATION

23 SEC. 101. None of the funds made available in this 

24 Act to the Department of Transportation may be obligated 

25 for the Office of the Secretary of Transportation to approve 
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1 assessments or reimbursable agreements pertaining to funds 

2 appropriated to the modal administrations in this Act, ex3 cept for activities underway on the date of enactment of 

4 this Act, unless such assessments or agreements have com5 pleted the normal reprogramming process for Congressional 

6 notification. 

7 SEC. 102. The Secretary shall post on the Web site of 

8 the Department of Transportation a schedule of all meetings 

9 of the Council on Credit and Finance, including the agenda 

10 for each meeting, and require the Council on Credit and 

11 Finance to record the decisions and actions of each meeting. 

12 SEC. 103. In addition to authority provided by section 

13 327 of title 49, United States Code, the Department’s Work14 ing Capital Fund is hereby authorized to provide partial 

15 or full payments in advance and accept subsequent reim16 bursements from all Federal agencies from available funds 

17 for transit benefit distribution services that are necessary 

18 to carry out the Federal transit pass transportation fringe 

19 benefit program under Executive Order No. 13150 and sec20 tion 3049 of Public Law 109–59: Provided, That the De21 partment shall maintain a reasonable operating reserve in 

22 the Working Capital Fund, to be expended in advance to 

23 provide uninterrupted transit benefits to Government em24 ployees: Provided further, That such reserve will not exceed 

25 one month of benefits payable and may be used only for 
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•HR 1865 EAH 

1 the purpose of providing for the continuation of transit ben2 efits: Provided further, That the Working Capital Fund will 

3 be fully reimbursed by each customer agency from available 

4 funds for the actual cost of the transit benefit. 

5 SEC. 104. No later than May 1, 2020, the Secretary 

6 shall announce the selection of all projects to receive awards 

7 for all competitive grants provided in Public Law 116–6 

8 under the headings: ‘‘Federal Railroad Administration— 

9 Federal–State Partnership for State of Good Repair’’, 

10 ‘‘Federal Railroad Administration—Consolidated Rail In11 frastructure and Safety Improvements’’, ‘‘Federal Railroad 

12 Administration—Restoration and Enhancement’’, ‘‘Federal 

13 Railroad Administration—Magnetic Levitation Technology 

14 Deployment Program’’, and ‘‘Maritime Administration— 

15 Port Infrastructure Development Program’’. 

16 SEC. 105. (a) The Secretary shall establish a Highly 

17 Automated Systems Safety Center of Excellence within the 

18 Department of Transportation, in order to have a Depart19 ment of Transportation workforce capable of reviewing, as20 sessing, and validating the safety of automated technologies. 

21 (b) The Highly Automated Systems Safety Center of 

22 Excellence shall— 

23 (1) serve as a central location within the Depart24 ment of Transportation for expertise in automation 

25 and human factors, computer science, data analytics, 
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1 machine learning, sensors, and other technologies in2 volving automated systems; 

3 (2) collaborate with and provide support on 

4 highly automated systems to all Operating Adminis5 trations of the Department of Transportation; and 

6 (3) have a workforce composed of Department of 

7 Transportation employees, including direct hires or 

8 detailees from Operating Administrations of the De9 partment of Transportation and other Federal agen10 cies. 

11 (c) Employees of the Highly Automated Systems Safe12 ty Center of Excellence, in conjunction with the relevant 

13 Operating Administrations of the Department of Transpor14 tation, shall review, assess, and validate highly automated 

15 systems to ensure their safety. 

16 (d) The Highly Automated Systems Safety Center of 

17 Excellence shall not supersede laws or regulations granting 

18 certification authorities to Operating Administrations of 

19 the Department of Transportation. 

20 (e) No later than 90 days after the date of enactment 

21 of this Act, the Secretary shall report to the Committees on 

22 Appropriations of the House of Representatives and the 

23 Senate on staffing needs and the staffing plan for the High24 ly Automated Systems Safety Center of Excellence. 
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1 SEC. 106. None of the funds made available by this 

2 Act shall be used to terminate the Intelligent Transpor3 tation System Program Advisory Committee established 

4 under section 5305(h) of SAFETEA–LU (23 U.S.C. 512 

5 note; Public Law 109–59). 

6 FEDERAL AVIATION ADMINISTRATION

7 OPERATIONS

8 (AIRPORT AND AIRWAY TRUST FUND)

9 For necessary expenses of the Federal Aviation Admin10 istration, not otherwise provided for, including operations 

11 and research activities related to commercial space trans12 portation, administrative expenses for research and develop13 ment, establishment of air navigation facilities, the oper14 ation (including leasing) and maintenance of aircraft, sub15 sidizing the cost of aeronautical charts and maps sold to 

16 the public, the lease or purchase of passenger motor vehicles 

17 for replacement only, $10,630,000,000, to remain available 

18 until September 30, 2021, of which $10,519,000,000 shall 

19 be derived from the Airport and Airway Trust Fund: Pro20 vided, That of the sums appropriated under this heading— 

21 (1) not less than $1,404,096,000 shall be avail22 able for aviation safety activities; 

23 (2) $7,970,734,000 shall be available for air traf24 fic organization activities; 
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•HR 1865 EAH 

1 (3) $26,040,000 shall be available for commercial 

2 space transportation activities; 

3 (4) $800,646,000 shall be available for finance 

4 and management activities; 

5 (5) $61,538,000 shall be available for NextGen 

6 and operations planning activities; 

7 (6) $118,642,000 shall be available for security 

8 and hazardous materials safety; and 

9 (7) $248,304,000 shall be available for staff of10 fices: 

11 Provided further, That not to exceed 5 percent of any budget 

12 activity, except for aviation safety budget activity, may be 

13 transferred to any budget activity under this heading: Pro14 vided further, That no transfer may increase or decrease 

15 any appropriation by more than 5 percent: Provided fur16 ther, That any transfer in excess of 5 percent shall be treat17 ed as a reprogramming of funds under section 405 of this 

18 Act and shall not be available for obligation or expenditure 

19 except in compliance with the procedures set forth in that 

20 section: Provided further, That not later than 60 days after 

21 the submission of the budget request, the Administrator of 

22 the Federal Aviation Administration shall transmit to Con23 gress an annual update to the report submitted to Congress 

24 in December 2004 pursuant to section 221 of Public Law 

25 108–176: Provided further, That the amount herein appro-
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•HR 1865 EAH 

1 priated shall be reduced by $100,000 for each day after the 

2 date that is 60 days after the submission of the budget re3 quest that such report has not been submitted to the Con4 gress: Provided further, That not later than 60 days after 

5 the submission of the budget request, the Administrator 

6 shall transmit to Congress a companion report that de7 scribes a comprehensive strategy for staffing, hiring, and 

8 training flight standards and aircraft certification staff in 

9 a format similar to the one utilized for the controller staff10 ing plan, including stated attrition estimates and numer11 ical hiring goals by fiscal year: Provided further, That the 

12 amount herein appropriated shall be reduced by $100,000 

13 per day for each day after the date that is 60 days after 

14 the submission of the budget request that such report has 

15 not been submitted to Congress: Provided further, That 

16 funds may be used to enter into a grant agreement with 

17 a nonprofit standard-setting organization to assist in the 

18 development of aviation safety standards: Provided further, 

19 That none of the funds in this Act shall be available for 

20 new applicants for the second career training program: 

21 Provided further, That none of the funds in this Act shall 

22 be available for the Federal Aviation Administration to fi23 nalize or implement any regulation that would promulgate 

24 new aviation user fees not specifically authorized by law 

25 after the date of the enactment of this Act: Provided further, 
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•HR 1865 EAH 

1 That there may be credited to this appropriation, as offset2 ting collections, funds received from States, counties, mu3 nicipalities, foreign authorities, other public authorities, 

4 and private sources for expenses incurred in the provision 

5 of agency services, including receipts for the maintenance 

6 and operation of air navigation facilities, and for issuance, 

7 renewal or modification of certificates, including airman, 

8 aircraft, and repair station certificates, or for tests related 

9 thereto, or for processing major repair or alteration forms: 

10 Provided further, That of the funds appropriated under this 

11 heading, not less than $170,000,000 shall be used to fund 

12 direct operations of the current air traffic control towers 

13 in the contract tower program, including the contract tower 

14 cost share program, and any airport that is currently 

15 qualified or that will qualify for the program during the 

16 fiscal year: Provided further, That none of the funds in this 

17 Act for aeronautical charting and cartography are available 

18 for activities conducted by, or coordinated through, the 

19 Working Capital Fund: Provided further, That none of the 

20 funds appropriated or otherwise made available by this Act 

21 or any other Act may be used to eliminate the Contract 

22 Weather Observers program at any airport. 
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•HR 1865 EAH 

1 FACILITIES AND EQUIPMENT

2 (AIRPORT AND AIRWAY TRUST FUND)

3 For necessary expenses, not otherwise provided for, for 

4 acquisition, establishment, technical support services, im5 provement by contract or purchase, and hire of national 

6 airspace systems and experimental facilities and equip7 ment, as authorized under part A of subtitle VII of title 

8 49, United States Code, including initial acquisition of nec9 essary sites by lease or grant; engineering and service test10 ing, including construction of test facilities and acquisition 

11 of necessary sites by lease or grant; construction and fur12 nishing of quarters and related accommodations for officers 

13 and employees of the Federal Aviation Administration sta14 tioned at remote localities where such accommodations are 

15 not available; and the purchase, lease, or transfer of aircraft 

16 from funds available under this heading, including aircraft 

17 for aviation regulation and certification; to be derived from 

18 the Airport and Airway Trust Fund, $3,045,000,000, of 

19 which $515,000,000 shall remain available until September 

20 30, 2021, $2,409,473,000 shall remain available until Sep21 tember 30, 2022, and $120,527,000 shall remain available 

22 until expended: Provided, That there may be credited to this 

23 appropriation funds received from States, counties, munici24 palities, other public authorities, and private sources, for 

25 expenses incurred in the establishment, improvement, and 
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•HR 1865 EAH 

1 modernization of national airspace systems: Provided fur2 ther, That not later than 60 days after submission of the 

3 budget request, the Secretary of Transportation shall trans4 mit to the Congress an investment plan for the Federal 

5 Aviation Administration which includes funding for each 

6 budget line item for fiscal years 2021 through 2025, with 

7 total funding for each year of the plan constrained to the 

8 funding targets for those years as estimated and approved 

9 by the Office of Management and Budget. 

10 RESEARCH, ENGINEERING, AND DEVELOPMENT

11 (AIRPORT AND AIRWAY TRUST FUND)

12 For necessary expenses, not otherwise provided for, for 

13 research, engineering, and development, as authorized 

14 under part A of subtitle VII of title 49, United States Code, 

15 including construction of experimental facilities and acqui16 sition of necessary sites by lease or grant, $192,665,000, to 

17 be derived from the Airport and Airway Trust Fund and 

18 to remain available until September 30, 2022: Provided, 

19 That there may be credited to this appropriation as offset20 ting collections, funds received from States, counties, mu21 nicipalities, other public authorities, and private sources, 

22 which shall be available for expenses incurred for research, 

23 engineering, and development: Provided further, That funds 

24 made available under this heading shall be used in accord25 ance with the explanatory statement described in section 
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•HR 1865 EAH 

1 4 (in the matter preceding division A of this consolidated 

2 Act): Provided further, That not to exceed 10 percent of any 

3 funding level specified under this heading in the explana4 tory statement described in section 4 (in the matter pre5 ceding division A of this consolidated Act) may be trans6 ferred to any other funding level specified under this head7 ing in the explanatory statement described in section 4 (in 

8 the matter preceding division A of this consolidated Act): 

9 Provided further, That no transfer may increase or decrease 

10 any funding level by more than 10 percent: Provided fur11 ther, That any transfer in excess of 10 percent shall be treat12 ed as a reprogramming of funds under section 405 of this 

13 Act and shall not be available for obligation or expenditure 

14 except in compliance with the procedures set forth in that 

15 section. 

16 GRANTS-IN-AID FOR AIRPORTS

17 (LIQUIDATION OF CONTRACT AUTHORIZATION)

18 (LIMITATION ON OBLIGATIONS)

19 (AIRPORT AND AIRWAY TRUST FUND)

20 (INCLUDING TRANSFER OF FUNDS)

21 For liquidation of obligations incurred for grants-in22 aid for airport planning and development, and noise com23 patibility planning and programs as authorized under sub24 chapter I of chapter 471 and subchapter I of chapter 475 

25 of title 49, United States Code, and under other law author-
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•HR 1865 EAH 

1 izing such obligations; for procurement, installation, and 

2 commissioning of runway incursion prevention devices and 

3 systems at airports of such title; for grants authorized under 

4 section 41743 of title 49, United States Code; and for in5 spection activities and administration of airport safety pro6 grams, including those related to airport operating certifi7 cates under section 44706 of title 49, United States Code, 

8 $3,000,000,000, to be derived from the Airport and Airway 

9 Trust Fund and to remain available until expended: Pro10 vided, That none of the funds under this heading shall be 

11 available for the planning or execution of programs the obli12 gations for which are in excess of $3,350,000,000 in fiscal 

13 year 2020, notwithstanding section 47117(g) of title 49, 

14 United States Code: Provided further, That none of the 

15 funds under this heading shall be available for the replace16 ment of baggage conveyor systems, reconfiguration of ter17 minal baggage areas, or other airport improvements that 

18 are necessary to install bulk explosive detection systems: 

19 Provided further, That notwithstanding section 47109(a) of 

20 title 49, United States Code, the Government’s share of al21 lowable project costs under paragraph (2) for subgrants or 

22 paragraph (3) of that section shall be 95 percent for a 

23 project at other than a large or medium hub airport that 

24 is a successive phase of a multi-phased construction project 

25 for which the project sponsor received a grant in fiscal year 
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•HR 1865 EAH 

1 2011 for the construction project: Provided further, That 

2 notwithstanding any other provision of law, of funds lim3 ited under this heading, not more than $116,500,000 shall 

4 be available for administration, not less than $15,000,000 

5 shall be available for the Airport Cooperative Research Pro6 gram, not less than $39,224,000 shall be available for Air7 port Technology Research, and $10,000,000, to remain 

8 available until expended, shall be available and transferred 

9 to ‘‘Office of the Secretary, Salaries and Expenses’’ to carry 

10 out the Small Community Air Service Development Pro11 gram: Provided further, That in addition to airports eligi12 ble under section 41743 of title 49, United States Code, such 

13 program may include the participation of an airport that 

14 serves a community or consortium that is not larger than 

15 a small hub airport, according to FAA hub classifications 

16 effective at the time the Office of the Secretary issues a re17 quest for proposals. 

18 GRANTS-IN-AID FOR AIRPORTS

19 For an additional amount for ‘‘Grants-In-Aid for Air20 ports’’, to enable the Secretary of Transportation to make 

21 grants for projects as authorized by subchapter 1 of chapter 

22 471 and subchapter 1 of chapter 475 of title 49, United 

23 States Code, $400,000,000, to remain available through 

24 September 30, 2022: Provided, That amounts made avail25 able under this heading shall be derived from the general 
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•HR 1865 EAH 

1 fund, and such funds shall not be subject to apportionment 

2 formulas, special apportionment categories, or minimum 

3 percentages under chapter 471: Provided further, That the 

4 Secretary shall distribute funds provided under this head5 ing as discretionary grants to airports: Provided further, 

6 That the amount made available under this heading shall 

7 not be subject to any limitation on obligations for the 

8 Grants-in-Aid for Airports program set forth in any Act: 

9 Provided further, That the Administrator of the Federal 

10 Aviation Administration may retain up to 0.5 percent of 

11 the funds provided under this heading to fund the award 

12 and oversight by the Administrator of grants made under 

13 this heading. 

14 ADMINISTRATIVE PROVISIONS—FEDERAL AVIATION

15 ADMINISTRATION

16 SEC. 110. None of the funds in this Act may be used 

17 to compensate in excess of 600 technical staff-years under 

18 the federally funded research and development center con19 tract between the Federal Aviation Administration and the 

20 Center for Advanced Aviation Systems Development during 

21 fiscal year 2020. 

22 SEC. 111. None of the funds in this Act shall be used 

23 to pursue or adopt guidelines or regulations requiring air24 port sponsors to provide to the Federal Aviation Adminis25 tration without cost building construction, maintenance, 
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•HR 1865 EAH 

1 utilities and expenses, or space in airport sponsor-owned 

2 buildings for services relating to air traffic control, air 

3 navigation, or weather reporting: Provided, That the prohi4 bition of funds in this section does not apply to negotiations 

5 between the agency and airport sponsors to achieve agree6 ment on ‘‘below-market’’ rates for these items or to grant 

7 assurances that require airport sponsors to provide land 

8 without cost to the Federal Aviation Administration for air 

9 traffic control facilities. 

10 SEC. 112. The Administrator of the Federal Aviation 

11 Administration may reimburse amounts made available to 

12 satisfy 49 U.S.C. 41742(a)(1) from fees credited under 49 

13 U.S.C. 45303 and any amount remaining in such account 

14 at the close of that fiscal year may be made available to 

15 satisfy section 41742(a)(1) for the subsequent fiscal year. 

16 SEC. 113. Amounts collected under section 40113(e) of 

17 title 49, United States Code, shall be credited to the appro18 priation current at the time of collection, to be merged with 

19 and available for the same purposes of such appropriation. 

20 SEC. 114. None of the funds in this Act shall be avail21 able for paying premium pay under subsection 5546(a) of 

22 title 5, United States Code, to any Federal Aviation Admin23 istration employee unless such employee actually performed 

24 work during the time corresponding to such premium pay. 
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1 SEC. 115. None of the funds in this Act may be obli2 gated or expended for an employee of the Federal Aviation 

3 Administration to purchase a store gift card or gift certifi4 cate through use of a Government-issued credit card. 

5 SEC. 116. None of the funds in this Act may be obli6 gated or expended for retention bonuses for an employee of 

7 the Federal Aviation Administration without the prior 

8 written approval of the Assistant Secretary for Administra9 tion of the Department of Transportation. 

10 SEC. 117. Notwithstanding any other provision of law, 

11 none of the funds made available under this Act or any 

12 prior Act may be used to implement or to continue to im13 plement any limitation on the ability of any owner or oper14 ator of a private aircraft to obtain, upon a request to the 

15 Administrator of the Federal Aviation Administration, a 

16 blocking of that owner’s or operator’s aircraft registration 

17 number from any display of the Federal Aviation Adminis18 tration’s Aircraft Situational Display to Industry data 

19 that is made available to the public, except data made 

20 available to a Government agency, for the noncommercial 

21 flights of that owner or operator. 

22 SEC. 118. None of the funds in this Act shall be avail23 able for salaries and expenses of more than nine political 

24 and Presidential appointees in the Federal Aviation Ad25 ministration. 
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1 SEC. 119. None of the funds made available under this 

2 Act may be used to increase fees pursuant to section 44721 

3 of title 49, United States Code, until the Federal Aviation 

4 Administration provides to the House and Senate Commit5 tees on Appropriations a report that justifies all fees related 

6 to aeronautical navigation products and explains how such 

7 fees are consistent with Executive Order No. 13642. 

8 SEC. 119A. None of the funds in this Act may be used 

9 to close a regional operations center of the Federal Aviation 

10 Administration or reduce its services unless the Adminis11 trator notifies the House and Senate Committees on Appro12 priations not less than 90 full business days in advance. 

13 SEC. 119B. None of the funds appropriated or limited 

14 by this Act may be used to change weight restrictions or 

15 prior permission rules at Teterboro airport in Teterboro, 

16 New Jersey. 

17 SEC. 119C. None of the funds provided under this Act 

18 may be used by the Administrator of the Federal Aviation 

19 Administration to withhold from consideration and ap20 proval any new application for participation in the Con21 tract Tower Program, or for reevaluation of Cost-share Pro22 gram participants as long as the Federal Aviation Admin23 istration has received an application from the airport, and 

24 as long as the Administrator determines such tower is eligi-
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•HR 1865 EAH 

1 ble using the factors set forth in Federal Aviation Adminis2 tration published establishment criteria. 

3 SEC. 119D. None of the funds made available by this 

4 Act may be used to open, close, redesignate as a lesser office, 

5 or reorganize a regional office, the aeronautical center, or 

6 technical center unless the Administrator submits a request 

7 for the reprogramming of funds under section 405 of this 

8 Act. 

9 FEDERAL HIGHWAY ADMINISTRATION

10 LIMITATION ON ADMINISTRATIVE EXPENSES

11 (HIGHWAY TRUST FUND)

12 (INCLUDING TRANSFER OF FUNDS)

13 Not to exceed $453,549,689, together with advances 

14 and reimbursements received by the Federal Highway Ad15 ministration, shall be obligated for necessary expenses for 

16 administration and operation of the Federal Highway Ad17 ministration. In addition, $3,248,000 shall be transferred 

18 to the Appalachian Regional Commission in accordance 

19 with section 104(a) of title 23, United States Code. 

20 FEDERAL-AID HIGHWAYS

21 (LIMITATION ON OBLIGATIONS)

22 (HIGHWAY TRUST FUND)

23 Funds available for the implementation or execution 

24 of Federal-aid highway and highway safety construction 

25 programs authorized under titles 23 and 49, United States 
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•HR 1865 EAH 

1 Code, and the provisions of the Fixing America’s Surface 

2 Transportation (FAST) Act (Public Law 114–94) shall not 

3 exceed total obligations of $46,365,092,000 for fiscal year 

4 2020: Provided, That the Secretary may collect and spend 

5 fees, as authorized by title 23, United States Code, to cover 

6 the costs of services of expert firms, including counsel, in 

7 the field of municipal and project finance to assist in the 

8 underwriting and servicing of Federal credit instruments 

9 and all or a portion of the costs to the Federal Government 

10 of servicing such credit instruments: Provided further, That 

11 such fees are available until expended to pay for such costs: 

12 Provided further, That such amounts are in addition to ad13 ministrative expenses that are also available for such pur14 pose, and are not subject to any obligation limitation or 

15 the limitation on administrative expenses under section 608 

16 of title 23, United States Code. 

17 (LIQUIDATION OF CONTRACT AUTHORIZATION)

18 (HIGHWAY TRUST FUND)

19 For the payment of obligations incurred in carrying 

20 out Federal-aid highway and highway safety construction 

21 programs authorized under title 23, United States Code, 

22 $47,104,092,000 derived from the Highway Trust Fund 

23 (other than the Mass Transit Account), to remain available 

24 until expended. 
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•HR 1865 EAH 

1 HIGHWAY INFRASTRUCTURE PROGRAMS

2 There is hereby appropriated to the Secretary of 

3 Transportation $2,166,140,392: Provided, That the funds 

4 made available under this heading shall be derived from 

5 the general fund, shall be in addition to any funds provided 

6 for fiscal year 2020 in this or any other Act for: (1) ‘‘Fed7 eral-aid Highways’’ under chapter 1 of title 23, United 

8 States Code; or (2) the Appalachian Development Highway 

9 System as authorized under section 1069(y) of Public Law 

10 102–240, and shall not affect the distribution or amount 

11 of funds provided in any other Act: Provided further, That 

12 section 1101(b) of Public Law 114–94 shall apply to funds 

13 made available under this heading: Provided further, That 

14 of the funds made available under this heading— 

15 (1) $781,140,392 shall be for activities eligible 

16 under sections 133(b)(1) and 133(b)(4) of title 23, 

17 United States Code, and to provide necessary charg18 ing infrastructure along corridor-ready or corridor19 pending alternative fuel corridors designated pursu20 ant to section 151 of title 23, United States Code; 

21 (2) $1,150,000,000 shall be for a bridge replace22 ment and rehabilitation program; 

23 (3) $100,000,000 shall be for necessary expenses 

24 for construction of the Appalachian Development 
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•HR 1865 EAH 

1 Highway System as authorized under section 1069(y) 

2 of Public Law 102–240; 

3 (4) $3,500,000 shall be for activities eligible 

4 under the Puerto Rico Highway Program as described 

5 in section 165(b)(2)(C) of title 23, United States 

6 Code; 

7 (5) $1,500,000 shall be for activities eligible 

8 under the Territorial Highway Program, as described 

9 in section 165(c)(6) of title 23, United States Code; 

10 (6) $70,000,000 shall be for the nationally sig11 nificant Federal lands and tribal projects program 

12 under section 1123 of the FAST Act; 

13 (7) $50,000,000 shall be for competitive grants 

14 for activities described in section 130(a) of title 23, 

15 United States Code; 

16 (8) $5,000,000 shall be for the Regional Infra17 structure Accelerator Demonstration Program author18 ized under section 1441 of the FAST Act; and 

19 (9) $5,000,000 shall be for a National Road Net20 work Pilot Program for the Federal Highway Admin21 istration to create a national level, geo-spatial dataset 

22 that uses data already collected under the Highway 

23 Performance Monitoring System: 

24 Provided further, That for the purposes of funds made 

25 available under this heading for activities eligible under 
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•HR 1865 EAH 

1 sections 133(b)(1) and 133(b)(4) of title 23, United States 

2 Code, and to provide necessary charging infrastructure 

3 along corridor-ready or corridor-pending alternative fuel 

4 corridors designated pursuant to section 151 of title 23, 

5 United States Code, the term ‘‘State’’ means any of the 50 

6 States or the District of Columbia: Provided further, That 

7 the funds made available under this heading for activities 

8 eligible under sections 133(b)(1) and 133(b)(4) of title 23, 

9 United States Code, and to provide necessary charging in10 frastructure along corridor-ready or corridor-pending alter11 native fuel corridors designated pursuant to section 151 of 

12 title 23, United States Code, shall be suballocated in the 

13 manner described in section 133(d) of such title, except that 

14 the set-aside described in section 133(h) of such title shall 

15 not apply to funds made available under this heading: Pro16 vided further, That the funds made available under this 

17 heading for activities eligible under sections 133(b)(1) and 

18 133(b)(4) of title 23, United States Code, and to provide 

19 necessary charging infrastructure along corridor-ready or 

20 corridor-pending alternative fuel corridors designated pur21 suant to section 151 of title 23, United States Code, shall 

22 be administered as if apportioned under chapter 1 of such 

23 title and shall remain available through September 30, 

24 2023: Provided further, That the funds made available 

25 under this heading for activities eligible under sections 
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•HR 1865 EAH 

1 133(b)(1) and 133(b)(4) of title 23, United States Code, and 

2 to provide necessary charging infrastructure along corridor3 ready or corridor-pending alternative fuel corridors des4 ignated pursuant to section 151 of title 23, United States 

5 Code, shall be apportioned to the States in the same ratio 

6 as the obligation limitation for fiscal year 2020 is distrib7 uted among the States in section 120(a)(5) of this Act: Pro8 vided further, That, except as provided in the following pro9 viso, the funds made available under this heading for activi10 ties eligible under the Puerto Rico Highway Program and 

11 activities eligible under the Territorial Highway Program 

12 shall be administered as if allocated under sections 165(b) 

13 and 165(c), respectively, of title 23, United States Code, and 

14 shall remain available through September 30, 2023: Pro15 vided further, That the funds made available under this 

16 heading for activities eligible under the Puerto Rico High17 way Program shall not be subject to the requirements of 

18 sections 165(b)(2)(A) or 165(b)(2)(B) of such title: Provided 

19 further, That the funds made available under this heading 

20 for the nationally significant Federal lands and tribal 

21 projects program under section 1123 of the FAST Act shall 

22 remain available through September 30, 2023: Provided 

23 further, That for the purposes of funds made available 

24 under this heading for a bridge replacement and rehabilita25 tion program, (1) the term ‘‘State’’ means any of the 50 
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•HR 1865 EAH 

1 States or the District of Columbia, and (2) the term ‘‘quali2 fying State’’ means any State in which the percentage of 

3 total deck area of bridges classified as in poor condition 

4 in such State is at least 5 percent: Provided further, That, 

5 of the funds made available under this heading for a bridge 

6 replacement and rehabilitation program, the Secretary 

7 shall reserve $6,000,000 for each State that does not meet 

8 the definition of a qualifying State: Provided further, That, 

9 after making the reservations under the preceding proviso, 

10 the Secretary shall distribute the remaining funds made 

11 available under this heading for a bridge replacement and 

12 rehabilitation program to each qualifying State by the pro13 portion that the percentage of total deck area of bridges clas14 sified as in poor condition in such qualifying State bears 

15 to the sum of the percentages of total deck area of bridges 

16 classified as in poor condition in all qualifying States: Pro17 vided further, That for the bridge replacement and rehabili18 tation program: 

19 (1) no qualifying State shall receive more than 

20 $50,000,000; 

21 (2) each State shall receive an amount not less 

22 than $6,000,000; and 

23 (3) after calculating the distribution of funds 

24 pursuant to the preceding proviso, any amount in ex25 cess of $50,000,000 shall be redistributed equally 
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•HR 1865 EAH 

1 among each State that does not meet the definition of 

2 a qualifying State: 

3 Provided further, That the funds made available under this 

4 heading for a bridge replacement and rehabilitation pro5 gram shall be used for highway bridge replacement or reha6 bilitation projects on public roads: Provided further, That 

7 for purposes of this heading for the bridge replacement and 

8 rehabilitation program, the Secretary shall calculate the 

9 percentages of total deck area of bridges (including the per10 centages of total deck area classified as in poor condition) 

11 based on the National Bridge Inventory as of December 31, 

12 2018: Provided further, That the funds made available 

13 under this heading for a bridge replacement and rehabilita14 tion program shall be administered as if apportioned under 

15 chapter 1 of title 23, United States Code, and shall remain 

16 available through September 30, 2023: Provided further, 

17 That the funds made available under this heading, in para18 graph (7) in the third proviso, shall be available for projects 

19 eligible under section 130(a) of title 23, United States Code, 

20 for commuter authorities, as defined in section 24102(2) of 

21 title 49, United States Code, that experienced at least one 

22 accident investigated by the National Transportation Safe23 ty Board between January 1, 2008 and December 31, 2018 

24 and for which the National Transportation Safety Board 

25 issued an accident report: Provided further, That the funds 
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1 made available under this heading, in paragraph (7) of the 

2 third proviso, shall be administered as if apportioned under 

3 chapter 1 of title 23, United States Code: Provided further, 

4 That for the purposes of funds made available under this 

5 heading for construction of the Appalachian Development 

6 Highway System, the term ‘‘Appalachian State’’ means a 

7 State that contains 1 or more counties (including any polit8 ical subdivision located within the area) in the Appa9 lachian region as defined in section 14102(a) of title 40, 

10 United States Code: Provided further, That funds made 

11 available under this heading for construction of the Appa12 lachian Development Highway System shall remain avail13 able until expended: Provided further, That a project car14 ried out with funds made available under this heading for 

15 construction of the Appalachian Development Highway 

16 System shall be carried out in the same manner as a project 

17 under section 14501 of title 40, United States Code: Pro18 vided further, That subject to the following proviso, funds 

19 made available under this heading for construction of the 

20 Appalachian Development Highway System shall be appor21 tioned to Appalachian States according to the percentages 

22 derived from the 2012 Appalachian Development Highway 

23 System Cost-to-Complete Estimate, adopted in Appalachian 

24 Regional Commission Resolution Number 736, and con25 firmed as each Appalachian State’s relative share of the es-
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1 timated remaining need to complete the Appalachian Devel2 opment Highway System, adjusted to exclude those cor3 ridors that such States have no current plans to complete, 

4 as reported in the 2013 Appalachian Development Highway 

5 System Completion Report: Provided further, That the Sec6 retary shall adjust apportionments made under the pre7 ceding proviso so that no Appalachian State shall be appor8 tioned an amount in excess of 30 percent of the amount 

9 made available for construction of the Appalachian Devel10 opment Highway System under this heading: Provided fur11 ther, That the Secretary shall consult with the Appalachian 

12 Regional Commission in making adjustments under the 

13 preceding two provisos: Provided further, That the Federal 

14 share of the costs for which an expenditure is made for con15 struction of the Appalachian Development Highway System 

16 under this heading shall be up to 100 percent: Provided fur17 ther, That amounts provided under this heading in para18 graphs (7), (8), and (9) shall remain available until ex19 pended. 

20 ADMINISTRATIVE PROVISIONS—FEDERAL HIGHWAY

21 ADMINISTRATION

22 SEC. 120. (a) For fiscal year 2020, the Secretary of 

23 Transportation shall— 

24 (1) not distribute from the obligation limitation 

25 for Federal-aid highways— 
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1 (A) amounts authorized for administrative 

2 expenses and programs by section 104(a) of title 

3 23, United States Code; and 

4 (B) amounts authorized for the Bureau of 

5 Transportation Statistics; 

6 (2) not distribute an amount from the obligation 

7 limitation for Federal-aid highways that is equal to 

8 the unobligated balance of amounts— 

9 (A) made available from the Highway Trust 

10 Fund (other than the Mass Transit Account) for 

11 Federal-aid highway and highway safety con12 struction programs for previous fiscal years the 

13 funds for which are allocated by the Secretary 

14 (or apportioned by the Secretary under sections 

15 202 or 204 of title 23, United States Code); and 

16 (B) for which obligation limitation was 

17 provided in a previous fiscal year; 

18 (3) determine the proportion that— 

19 (A) the obligation limitation for Federal-aid 

20 highways, less the aggregate of amounts not dis21 tributed under paragraphs (1) and (2) of this 

22 subsection; bears to 

23 (B) the total of the sums authorized to be 

24 appropriated for the Federal-aid highway and 

25 highway safety construction programs (other 
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1 than sums authorized to be appropriated for pro2 visions of law described in paragraphs (1) 

3 through (11) of subsection (b) and sums author4 ized to be appropriated for section 119 of title 

5 23, United States Code, equal to the amount re6 ferred to in subsection (b)(12) for such fiscal 

7 year), less the aggregate of the amounts not dis8 tributed under paragraphs (1) and (2) of this 

9 subsection; 

10 (4) distribute the obligation limitation for Fed11 eral-aid highways, less the aggregate amounts not dis12 tributed under paragraphs (1) and (2), for each of the 

13 programs (other than programs to which paragraph 

14 (1) applies) that are allocated by the Secretary under 

15 the Fixing America’s Surface Transportation Act and 

16 title 23, United States Code, or apportioned by the 

17 Secretary under sections 202 or 204 of that title, by 

18 multiplying— 

19 (A) the proportion determined under para20 graph (3); by 

21 (B) the amounts authorized to be appro22 priated for each such program for such fiscal 

23 year; and 

24 (5) distribute the obligation limitation for Fed25 eral-aid highways, less the aggregate amounts not dis-
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1 tributed under paragraphs (1) and (2) and the 

2 amounts distributed under paragraph (4), for Fed3 eral-aid highway and highway safety construction 

4 programs that are apportioned by the Secretary 

5 under title 23, United States Code (other than the 

6 amounts apportioned for the National Highway Per7 formance Program in section 119 of title 23, United 

8 States Code, that are exempt from the limitation 

9 under subsection (b)(12) and the amounts appor10 tioned under sections 202 and 204 of that title) in the 

11 proportion that— 

12 (A) amounts authorized to be appropriated 

13 for the programs that are apportioned under title 

14 23, United States Code, to each State for such 

15 fiscal year; bears to 

16 (B) the total of the amounts authorized to 

17 be appropriated for the programs that are ap18 portioned under title 23, United States Code, to 

19 all States for such fiscal year. 

20 (b) EXCEPTIONS FROM OBLIGATION LIMITATION.— 

21 The obligation limitation for Federal-aid highways shall 

22 not apply to obligations under or for— 

23 (1) section 125 of title 23, United States Code; 
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1 (2) section 147 of the Surface Transportation As2 sistance Act of 1978 (23 U.S.C. 144 note; 92 Stat. 

3 2714); 

4 (3) section 9 of the Federal-Aid Highway Act of 

5 1981 (95 Stat. 1701); 

6 (4) subsections (b) and (j) of section 131 of the 

7 Surface Transportation Assistance Act of 1982 (96 

8 Stat. 2119); 

9 (5) subsections (b) and (c) of section 149 of the 

10 Surface Transportation and Uniform Relocation As11 sistance Act of 1987 (101 Stat. 198); 

12 (6) sections 1103 through 1108 of the Intermodal 

13 Surface Transportation Efficiency Act of 1991 (105 

14 Stat. 2027); 

15 (7) section 157 of title 23, United States Code 

16 (as in effect on June 8, 1998); 

17 (8) section 105 of title 23, United States Code 

18 (as in effect for fiscal years 1998 through 2004, but 

19 only in an amount equal to $639,000,000 for each of 

20 those fiscal years); 

21 (9) Federal-aid highway programs for which ob22 ligation authority was made available under the 

23 Transportation Equity Act for the 21st Century (112 

24 Stat. 107) or subsequent Acts for multiple years or to 

25 remain available until expended, but only to the ex-
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1 tent that the obligation authority has not lapsed or 

2 been used; 

3 (10) section 105 of title 23, United States Code 

4 (as in effect for fiscal years 2005 through 2012, but 

5 only in an amount equal to $639,000,000 for each of 

6 those fiscal years); 

7 (11) section 1603 of SAFETEA–LU (23 U.S.C. 

8 118 note; 119 Stat. 1248), to the extent that funds ob9 ligated in accordance with that section were not sub10 ject to a limitation on obligations at the time at 

11 which the funds were initially made available for ob12 ligation; and 

13 (12) section 119 of title 23, United States Code 

14 (but, for each of fiscal years 2013 through 2020, only 

15 in an amount equal to $639,000,000). 

16 (c) REDISTRIBUTION OF UNUSED OBLIGATION AU17 THORITY.—Notwithstanding subsection (a), the Secretary 

18 shall, after August 1 of such fiscal year— 

19 (1) revise a distribution of the obligation limita20 tion made available under subsection (a) if an 

21 amount distributed cannot be obligated during that 

22 fiscal year; and 

23 (2) redistribute sufficient amounts to those States 

24 able to obligate amounts in addition to those pre25 viously distributed during that fiscal year, giving pri-
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1 ority to those States having large unobligated bal2 ances of funds apportioned under sections 144 (as in 

3 effect on the day before the date of enactment of Pub4 lic Law 112–141) and 104 of title 23, United States 

5 Code. 

6 (d) APPLICABILITY OF OBLIGATION LIMITATIONS TO

7 TRANSPORTATION RESEARCH PROGRAMS.— 

8 (1) IN GENERAL.—Except as provided in para9 graph (2), the obligation limitation for Federal-aid 

10 highways shall apply to contract authority for trans11 portation research programs carried out under— 

12 (A) chapter 5 of title 23, United States 

13 Code; and 

14 (B) title VI of the Fixing America’s Surface 

15 Transportation Act. 

16 (2) EXCEPTION.—Obligation authority made 

17 available under paragraph (1) shall— 

18 (A) remain available for a period of 4 fiscal 

19 years; and 

20 (B) be in addition to the amount of any 

21 limitation imposed on obligations for Federal22 aid highway and highway safety construction 

23 programs for future fiscal years. 

24 (e) REDISTRIBUTION OF CERTAIN AUTHORIZED

25 FUNDS.— 
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1 (1) IN GENERAL.—Not later than 30 days after 

2 the date of distribution of obligation limitation under 

3 subsection (a), the Secretary shall distribute to the 

4 States any funds (excluding funds authorized for the 

5 program under section 202 of title 23, United States 

6 Code) that— 

7 (A) are authorized to be appropriated for 

8 such fiscal year for Federal-aid highway pro9 grams; and 

10 (B) the Secretary determines will not be al11 located to the States (or will not be apportioned 

12 to the States under section 204 of title 23, 

13 United States Code), and will not be available 

14 for obligation, for such fiscal year because of the 

15 imposition of any obligation limitation for such 

16 fiscal year. 

17 (2) RATIO.—Funds shall be distributed under 

18 paragraph (1) in the same proportion as the distribu19 tion of obligation authority under subsection (a)(5). 

20 (3) AVAILABILITY.—Funds distributed to each 

21 State under paragraph (1) shall be available for any 

22 purpose described in section 133(b) of title 23, United 

23 States Code. 

24 SEC. 121. Notwithstanding 31 U.S.C. 3302, funds re25 ceived by the Bureau of Transportation Statistics from the 
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1 sale of data products, for necessary expenses incurred pur2 suant to chapter 63 of title 49, United States Code, may 

3 be credited to the Federal-aid highways account for the pur4 pose of reimbursing the Bureau for such expenses: Provided, 

5 That such funds shall be subject to the obligation limitation 

6 for Federal-aid highway and highway safety construction 

7 programs. 

8 SEC. 122. Not less than 15 days prior to waiving, 

9 under his or her statutory authority, any Buy America re10 quirement for Federal-aid highways projects, the Secretary 

11 of Transportation shall make an informal public notice and 

12 comment opportunity on the intent to issue such waiver and 

13 the reasons therefor: Provided, That the Secretary shall pro14 vide an annual report to the House and Senate Committees 

15 on Appropriations on any waivers granted under the Buy 

16 America requirements. 

17 SEC. 123. None of the funds provided in this Act to 

18 the Department of Transportation may be used to provide 

19 credit assistance unless not less than 3 days before any ap20 plication approval to provide credit assistance under sec21 tions 603 and 604 of title 23, United States Code, the Sec22 retary of Transportation provides notification in writing 

23 to the following committees: the House and Senate Commit24 tees on Appropriations; the Committee on Environment and 

25 Public Works and the Committee on Banking, Housing and 
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1 Urban Affairs of the Senate; and the Committee on Trans2 portation and Infrastructure of the House of Representa3 tives: Provided, That such notification shall include, but not 

4 be limited to, the name of the project sponsor; a description 

5 of the project; whether credit assistance will be provided as 

6 a direct loan, loan guarantee, or line of credit; and the 

7 amount of credit assistance. 

8 SEC. 124. None of the funds provided in this Act may 

9 be used to make a grant for a project under section 117 

10 of title 23, United States Code, unless the Secretary, at least 

11 60 days before making a grant under that section, provides 

12 written notification to the House and Senate Committees 

13 on Appropriations of the proposed grant, including an eval14 uation and justification for the project and the amount of 

15 the proposed grant award: Provided, That the written noti16 fication required in the previous proviso shall be made no 

17 later than 180 days after enactment of this Act. 

18 SEC. 125. (a) A State or territory, as defined in section 

19 165 of title 23, United States Code, may use for any project 

20 eligible under section 133(b) of title 23 or section 165 of 

21 title 23 and located within the boundary of the State or 

22 territory any earmarked amount, and any associated obli23 gation limitation: Provided, That the Department of Trans24 portation for the State or territory for which the earmarked 

25 amount was originally designated or directed notifies the 
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1 Secretary of Transportation of its intent to use its authority 

2 under this section and submits a quarterly report to the 

3 Secretary identifying the projects to which the funding 

4 would be applied. Notwithstanding the original period of 

5 availability of funds to be obligated under this section, such 

6 funds and associated obligation limitation shall remain 

7 available for obligation for a period of 3 fiscal years after 

8 the fiscal year in which the Secretary of Transportation 

9 is notified. The Federal share of the cost of a project carried 

10 out with funds made available under this section shall be 

11 the same as associated with the earmark. 

12 (b) In this section, the term ‘‘earmarked amount’’ 

13 means— 

14 (1) congressionally directed spending, as defined 

15 in rule XLIV of the Standing Rules of the Senate, 

16 identified in a prior law, report, or joint explanatory 

17 statement, which was authorized to be appropriated 

18 or appropriated more than 10 fiscal years prior to 

19 the current fiscal year, and administered by the Fed20 eral Highway Administration; or 

21 (2) a congressional earmark, as defined in rule 

22 XXI of the Rules of the House of Representatives, 

23 identified in a prior law, report, or joint explanatory 

24 statement, which was authorized to be appropriated 

25 or appropriated more than 10 fiscal years prior to 
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1 the current fiscal year, and administered by the Fed2 eral Highway Administration. 

3 (c) The authority under subsection (a) may be exer4 cised only for those projects or activities that have obligated 

5 less than 10 percent of the amount made available for obli6 gation as of October 1 of the current fiscal year, and shall 

7 be applied to projects within the same general geographic 

8 area within 25 miles for which the funding was designated, 

9 except that a State or territory may apply such authority 

10 to unexpended balances of funds from projects or activities 

11 the State or territory certifies have been closed and for 

12 which payments have been made under a final voucher. 

13 (d) The Secretary shall submit consolidated reports of 

14 the information provided by the States and territories each 

15 quarter to the House and Senate Committees on Appropria16 tions. 

17 SEC. 126. The following are repealed: 

18 (1) Section 352 of the National Highway System 

19 Designation Act of 1995 (Public Law 104–59, 109 

20 Stat. 568). 

21 (2) Section 324 of the Department of Transpor22 tation and Related Agencies Appropriations Act, 

23 1986 (Public Law 99–190; 99 Stat. 1288). 
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1 (3) Section 325 of the Department of Transpor2 tation and Related Agencies Appropriations Act, 

3 1996 (Public Law 104–50; 109 Stat. 456). 

4 Notwithstanding any other provision of law, tolls collected 

5 for motor vehicles on any bridge connecting the boroughs 

6 of Brooklyn, New York, and Staten Island, New York, shall 

7 be collected for any such vehicles exiting from such bridge 

8 in both Staten Island and Brooklyn. 

9 SEC. 127. Section 125(d) of title 23, United States 

10 Code, is amended by striking paragraph (4). 

11 SEC. 128. Until final guidance is published, the Ad12 ministrator of the Federal Highway Administration shall 

13 make determinations on Buy America waivers for those 

14 waivers that were submitted before April 17, 2018, as if 

15 the notice of proposed rulemaking of that date was not in 

16 effect. 

17 SEC. 129. Section 1948 of SAFETEA–LU (Public 

18 Law 109–59; 119 Stat. 1514) is repealed. 

19 SEC. 129A. Section 119(e)(5) of title 23, United States 

20 Code, is amended to read as follows: 

21 ‘‘(5) REQUIREMENT FOR PLAN.— 

22 ‘‘(A) IN GENERAL.—Notwithstanding sec23 tion 120, each fiscal year, if the Secretary deter24 mines that a State has not developed and imple25 mented a State asset management plan con-
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1 sistent with this section, the Federal share pay2 able on account of any project or activity for 

3 which funds are obligated by the State in that 

4 fiscal year under this section shall be 65 percent. 

5 ‘‘(B) DETERMINATION.—The Secretary shall 

6 make the determination under subparagraph (A) 

7 for a fiscal year not later than the day before the 

8 beginning of such fiscal year.’’. 

9 FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION

10 MOTOR CARRIER SAFETY OPERATIONS AND PROGRAMS

11 (LIQUIDATION OF CONTRACT AUTHORIZATION)

12 (LIMITATION ON OBLIGATIONS)

13 (HIGHWAY TRUST FUND)

14 For payment of obligations incurred in the implemen15 tation, execution and administration of motor carrier safe16 ty operations and programs pursuant to section 31110 of 

17 title 49, United States Code, as amended by the Fixing 

18 America’s Surface Transportation Act, $288,000,000, to be 

19 derived from the Highway Trust Fund (other than the Mass 

20 Transit Account), together with advances and reimburse21 ments received by the Federal Motor Carrier Safety Admin22 istration, the sum of which shall remain available until ex23 pended: Provided, That funds available for implementation, 

24 execution or administration of motor carrier safety oper25 ations and programs authorized under title 49, United 
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1 States Code, shall not exceed total obligations of 

2 $288,000,000 for ‘‘Motor Carrier Safety Operations and 

3 Programs’’ for fiscal year 2020, of which $9,073,000, to re4 main available for obligation until September 30, 2022, is 

5 for the research and technology program, and of which 

6 $35,334,000, to remain available for obligation until Sep7 tember 30, 2022, is for information management. 

8 MOTOR CARRIER SAFETY GRANTS

9 (LIQUIDATION OF CONTRACT AUTHORIZATION)

10 (LIMITATION ON OBLIGATIONS)

11 (HIGHWAY TRUST FUND)

12 For payment of obligations incurred in carrying out 

13 sections 31102, 31103, 31104, and 31313 of title 49, United 

14 States Code, as amended by the Fixing America’s Surface 

15 Transportation Act, $391,135,561, to be derived from the 

16 Highway Trust Fund (other than the Mass Transit Ac17 count) and to remain available until expended: Provided, 

18 That funds available for the implementation or execution 

19 of motor carrier safety programs shall not exceed total obli20 gations of $391,135,561 in fiscal year 2020 for ‘‘Motor Car21 rier Safety Grants’’: Provided further, That of the sums ap22 propriated under this heading: 

23 (1) $308,700,000 shall be available for the motor 

24 carrier safety assistance program; 
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•HR 1865 EAH 

1 (2) $33,200,000 shall be available for the com2 mercial driver’s license program implementation pro3 gram; 

4 (3) $45,900,000 shall be available for the high 

5 priority activities program, of which $1,000,000 is to 

6 be made available from prior year unobligated con7 tract authority provided for Motor Carrier Safety in 

8 the Transportation Equity Act for the 21st Century 

9 (Public Law 105–178), SAFETEA–LU (Public Law 

10 109–59), or other appropriations or authorization 

11 Acts; and 

12 (4) $3,335,561 shall be made available for com13 mercial motor vehicle operators grants, of which 

14 $2,335,561 is to be made available from prior year 

15 unobligated contract authority provided for Motor 

16 Carrier Safety in the Transportation Equity Act for 

17 the 21st Century (Public Law 105–178), SAFETEA– 

18 LU (Public Law 109–59), or other appropriations or 

19 authorization Acts. 

20 ADMINISTRATIVE PROVISIONS—FEDERAL MOTOR CARRIER

21 SAFETY ADMINISTRATION

22 SEC. 130. The Federal Motor Carrier Safety Adminis23 tration shall send notice of 49 CFR section 385.308 viola24 tions by certified mail, registered mail, or another manner 
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•HR 1865 EAH 

1 of delivery, which records the receipt of the notice by the 

2 persons responsible for the violations. 

3 SEC. 131. None of the funds appropriated or otherwise 

4 made available to the Department of Transportation by this 

5 Act or any other Act may be obligated or expended to imple6 ment, administer, or enforce the requirements of section 

7 31137 of title 49, United States Code, or any regulation 

8 issued by the Secretary pursuant to such section, with re9 spect to the use of electronic logging devices by operators 

10 of commercial motor vehicles, as defined in section 31132(1) 

11 of such title, transporting livestock as defined in section 602 

12 of the Emergency Livestock Feed Assistance Act of 1988 (7 

13 U.S.C. 1471) or insects. 

14 SEC. 132. The Federal Motor Carrier Safety Adminis15 tration shall update annual inspection regulations under 

16 Appendix G to subchapter B of chapter III of title 49, Code 

17 of Federal Regulations, as recommended by GAO–19–264. 

18 NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION

19 OPERATIONS AND RESEARCH

20 For expenses necessary to discharge the functions of the 

21 Secretary, with respect to traffic and highway safety au22 thorized under chapter 301 and part C of subtitle VI of 

23 title 49, United States Code, $194,000,000, of which 

24 $40,000,000 shall remain available through September 30, 

25 2021. 
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1 OPERATIONS AND RESEARCH

2 (LIQUIDATION OF CONTRACT AUTHORIZATION)

3 (LIMITATION ON OBLIGATIONS)

4 (HIGHWAY TRUST FUND)

5 For payment of obligations incurred in carrying out 

6 the provisions of 23 U.S.C. 403, including behavioral re7 search on Automated Driving Systems and Advanced Driv8 er Assistance Systems and improving consumer responses 

9 to safety recalls, section 4011 of the Fixing America’s Sur10 face Transportation Act (Public Law 114–94), and chapter 

11 303 of title 49, United States Code, $155,300,000, to be de12 rived from the Highway Trust Fund (other than the Mass 

13 Transit Account) and to remain available until expended: 

14 Provided, That none of the funds in this Act shall be avail15 able for the planning or execution of programs the total ob16 ligations for which, in fiscal year 2020, are in excess of 

17 $155,300,000: Provided further, That of the sums appro18 priated under this heading— 

19 (1) $149,800,000 shall be for programs author20 ized under 23 U.S.C. 403, including behavioral re21 search on Automated Driving Systems and Advanced 

22 Driver Assistance Systems and improving consumer 

23 responses to safety recalls, and section 4011 of the 

24 Fixing America’s Surface Transportation Act (Public 

25 Law 114–94); and 
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1 (2) $5,500,000 shall be for the National Driver 

2 Register authorized under chapter 303 of title 49, 

3 United States Code: 

4 Provided further, That within the $155,300,000 obligation 

5 limitation for operations and research, $20,000,000 shall 

6 remain available until September 30, 2021, and shall be 

7 in addition to the amount of any limitation imposed on 

8 obligations for future years: Provided further, That 

9 amounts for behavioral research on Automated Driving 

10 Systems and Advanced Driver Assistance Systems and im11 proving consumer responses to safety recalls are in addition 

12 to any other funds provided for those purposes for fiscal 

13 year 2020 in this Act. 

14 HIGHWAY TRAFFIC SAFETY GRANTS

15 (LIQUIDATION OF CONTRACT AUTHORIZATION)

16 (LIMITATION ON OBLIGATIONS)

17 (HIGHWAY TRUST FUND)

18 For payment of obligations incurred in carrying out 

19 provisions of 23 U.S.C. 402, 404, and 405, and section 

20 4001(a)(6) of the Fixing America’s Surface Transportation 

21 Act, to remain available until expended, $623,017,000, to 

22 be derived from the Highway Trust Fund (other than the 

23 Mass Transit Account): Provided, That none of the funds 

24 in this Act shall be available for the planning or execution 

25 of programs for which the total obligations in fiscal year 
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•HR 1865 EAH 

1 2020 are in excess of $623,017,000 for programs authorized 

2 under 23 U.S.C. 402, 404, and 405, and section 4001(a)(6) 

3 of the Fixing America’s Surface Transportation Act: Pro4 vided further, That of the sums appropriated under this 

5 heading— 

6 (1) $279,800,000 shall be for ‘‘Highway Safety 

7 Programs’’ under 23 U.S.C. 402; 

8 (2) $285,900,000 shall be for ‘‘National Priority 

9 Safety Programs’’ under 23 U.S.C. 405; 

10 (3) $30,500,000 shall be for the ‘‘High Visibility 

11 Enforcement Program’’ under 23 U.S.C. 404; and 

12 (4) $26,817,000 shall be for ‘‘Administrative Ex13 penses’’ under section 4001(a)(6) of the Fixing Amer14 ica’s Surface Transportation Act: 

15 Provided further, That none of these funds shall be used for 

16 construction, rehabilitation, or remodeling costs, or for of17 fice furnishings and fixtures for State, local or private 

18 buildings or structures: Provided further, That not to exceed 

19 $500,000 of the funds made available for ‘‘National Priority 

20 Safety Programs’’ under 23 U.S.C. 405 for ‘‘Impaired 

21 Driving Countermeasures’’ (as described in subsection (d) 

22 of that section) shall be available for technical assistance 

23 to the States: Provided further, That with respect to the 

24 ‘‘Transfers’’ provision under 23 U.S.C. 405(a)(8), any 

25 amounts transferred to increase the amounts made avail-
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•HR 1865 EAH 

1 able under section 402 shall include the obligation authority 

2 for such amounts: Provided further, That the Administrator 

3 shall notify the House and Senate Committees on Appro4 priations of any exercise of the authority granted under the 

5 previous proviso or under 23 U.S.C. 405(a)(8) within 5 

6 days. 

7 ADMINISTRATIVE PROVISIONS—NATIONAL HIGHWAY

8 TRAFFIC SAFETY ADMINISTRATION

9 SEC. 140. An additional $130,000 shall be made avail10 able to the National Highway Traffic Safety Administra11 tion, out of the amount limited for section 402 of title 23, 

12 United States Code, to pay for travel and related expenses 

13 for State management reviews and to pay for core com14 petency development training and related expenses for high15 way safety staff. 

16 SEC. 141. The limitations on obligations for the pro17 grams of the National Highway Traffic Safety Administra18 tion set in this Act shall not apply to obligations for which 

19 obligation authority was made available in previous public 

20 laws but only to the extent that the obligation authority 

21 has not lapsed or been used. 

22 SEC. 142. In addition to the amounts made available 

23 under the heading, ‘‘Operations and Research (Liquidation 

24 of Contract Authorization) (Limitation on Obligations) 

25 (Highway Trust Fund)’’ for carrying out the provisions of 
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1 section 403 of title 23, United States Code, $17,000,000, to 

2 remain available until September 30, 2021, shall be made 

3 available to the National Highway Traffic Safety Adminis4 tration from the general fund: Provided, That of the sums 

5 provided under this provision— 

6 (1) not to exceed $7,000,000 shall be available to pro7 vide funding for grants, pilot program activities, and inno8 vative solutions to reduce impaired-driving fatalities in col9 laboration with eligible entities under section 403 of title 

10 23, United States Code; and 

11 (2) not to exceed $10,000,000 shall be available to con12 tinue a high visibility enforcement paid-media campaign 

13 regarding highway-rail grade crossing safety in collabora14 tion with the Federal Railroad Administration. 

15 SEC. 143. None of the funds in this Act or any other 

16 Act shall be used to enforce the requirements of 23 U.S.C. 

17 405(a)(9). 

18 FEDERAL RAILROAD ADMINISTRATION

19 SAFETY AND OPERATIONS

20 For necessary expenses of the Federal Railroad Admin21 istration, not otherwise provided for, $224,198,000, of which 

22 $20,000,000 shall remain available until expended. 

23 RAILROAD RESEARCH AND DEVELOPMENT

24 For necessary expenses for railroad research and devel25 opment, $40,600,000, to remain available until expended. 
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1 RAILROAD REHABILITATION AND IMPROVEMENT FINANCING

2 PROGRAM

3 The Secretary of Transportation is authorized to issue 

4 direct loans and loan guarantees pursuant to sections 501 

5 through 504 of the Railroad Revitalization and Regulatory 

6 Reform Act of 1976 (Public Law 94–210), as amended, such 

7 authority shall exist as long as any such direct loan or loan 

8 guarantee is outstanding. 

9 FEDERAL-STATE PARTNERSHIP FOR STATE OF GOOD

10 REPAIR

11 For necessary expenses related to Federal-State Part12 nership for State of Good Repair Grants as authorized by 

13 section 24911 of title 49, United States Code, $200,000,000, 

14 to remain available until expended: Provided, That the Sec15 retary may withhold up to one percent of the amount pro16 vided under this heading for the costs of award and project 

17 management oversight of grants carried out under section 

18 24911 of title 49, United States Code: Provided further, 

19 That the Secretary shall issue the Notice of Funding Oppor20 tunity for funds provided under this heading consistent 

21 with section 24911 of title 49, United States Code, no later 

22 than 180 days after enactment of this Act: Provided further, 

23 That the Secretary shall review all applications received in 

24 response to the Notice of Funding Opportunity required in 

25 the previous proviso: Provided further, That the Secretary 
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1 shall announce the selection of projects to receive awards 

2 for the funds described in the previous two provisos no later 

3 than 1 year of enactment of this Act. 

4 CONSOLIDATED RAIL INFRASTRUCTURE AND SAFETY

5 IMPROVEMENTS

6 For necessary expenses related to Consolidated Rail 

7 Infrastructure and Safety Improvements Grants, as author8 ized by section 22907 of title 49, United States Code, 

9 $325,000,000, to remain available until expended: Pro10 vided, That section 22905(f) of title 49, United States Code, 

11 shall not apply to projects for the implementation of posi12 tive train control systems otherwise eligible under section 

13 22907(c)(1) of title 49, United States Code: Provided fur14 ther, That amounts available under this heading for projects 

15 selected for commuter rail passenger transportation may be 

16 transferred by the Secretary, after selection, to the appro17 priate agencies to be administered in accordance with chap18 ter 53 of title 49, United States Code: Provided further, 

19 That the Secretary shall not limit eligible projects from con20 sideration for funding for planning, engineering, environ21 mental, construction, and design elements of the same 

22 project in the same application: Provided further, That un23 obligated balances remaining after 4 years from the date 

24 of enactment may be used for any eligible project under sec25 tion 22907(c) of title 49, United States Code: Provided fur-
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1 ther, That the Secretary may withhold up to one percent 

2 of the amount provided under this heading for the costs of 

3 award and project management oversight of grants carried 

4 out under section 22907 of title 49, United States Code: 

5 Provided further, That of the sums appropriated under this 

6 heading, $45,000,000 shall be available for projects eligible 

7 under section 22907(c)(2) of title 49, United States Code, 

8 that require the acquisition of rights-of-way, track, or track 

9 structure to support the development of new intercity pas10 senger rail service routes: Provided further, That for 

11 amounts available under this heading eligible recipients 

12 under section 22907(b) of title 49, United States Code, shall 

13 include any holding company of a Class II railroad or 

14 Class III railroad (as those terms are defined in section 

15 20102 of title 49, United States Code): Provided further, 

16 That the Secretary shall issue the Notice of Funding Oppor17 tunity that encompasses funds provided under this heading 

18 in this Act no later than 120 days after enactment of this 

19 Act and announce the selection of projects to receive awards 

20 for such funds no later than 300 days after the enactment 

21 of this Act: Provided further, That the Notice of Funding 

22 Opportunity under the previous proviso shall require appli23 cation submissions 60 days after the publishing of such No24 tice. 
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1 MAGNETIC LEVITATION TECHNOLOGY DEPLOYMENT

2 PROGRAM

3 For necessary expenses related to the deployment of 

4 magnetic levitation transportation projects, consistent with 

5 language in section 1307(a) through (c) of Public Law 109– 

6 59, as amended by section 102 of Public Law 110–244 (sec7 tion 322 of title 23, United States Code), $2,000,000, to re8 main available until expended. 

9 RESTORATION AND ENHANCEMENT

10 For necessary expenses related to Restoration and En11 hancement Grants, as authorized by section 24408 of title 

12 49, United States Code, $2,000,000, to remain available 

13 until expended: Provided, That the Secretary may withhold 

14 up to one percent of the funds provided under this heading 

15 to fund the costs of award and project management and 

16 oversight. 

17 NORTHEAST CORRIDOR GRANTS TO THE NATIONAL

18 RAILROAD PASSENGER CORPORATION

19 To enable the Secretary of Transportation to make 

20 grants to the National Railroad Passenger Corporation for 

21 activities associated with the Northeast Corridor as author22 ized by section 11101(a) of the Fixing America’s Surface 

23 Transportation Act (division A of Public Law 114–94), 

24 $700,000,000, to remain available until expended: Pro25 vided, That the Secretary may retain up to one-half of 1 
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•HR 1865 EAH 

1 percent of the funds provided under both this heading and 

2 the ‘‘National Network Grants to the National Railroad 

3 Passenger Corporation’’ heading to fund the costs of project 

4 management and oversight of activities authorized by sec5 tion 11101(c) of division A of Public Law 114–94: Provided 

6 further, That in addition to the project management over7 sight funds authorized under section 11101(c) of division 

8 A of Public Law 114–94, the Secretary may retain up to 

9 an additional $5,000,000 of the funds provided under this 

10 heading to fund expenses associated with the Northeast Cor11 ridor Commission established under section 24905 of title 

12 49, United States Code: Provided further, That of the 

13 amounts made available under this heading and the ‘‘Na14 tional Network Grants to the National Railroad Passenger 

15 Corporation’’ heading, not less than $50,000,000 shall be 

16 made available to bring Amtrak-served facilities and sta17 tions into compliance with the Americans with Disabilities 

18 Act: Provided further, That of the amounts made available 

19 under this heading and the ‘‘National Network Grants to 

20 the National Railroad Passenger Corporation’’ heading, 

21 $100,000,000 shall be made available to fund the replace22 ment of the single-level passenger cars used on Northeast 

23 Corridor, State Supported Corridor, and Long Distance 

24 routes. 
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•HR 1865 EAH 

1 NATIONAL NETWORK GRANTS TO THE NATIONAL RAILROAD

2 PASSENGER CORPORATION

3 To enable the Secretary of Transportation to make 

4 grants to the National Railroad Passenger Corporation for 

5 activities associated with the National Network as author6 ized by section 11101(b) of the Fixing America’s Surface 

7 Transportation Act (division A of Public Law 114–94), 

8 $1,300,000,000, to remain available until expended: Pro9 vided, That the Secretary may retain up to an additional 

10 $2,000,000 of the funds provided under this heading to fund 

11 expenses associated with the State-Supported Route Com12 mittee established under section 24712 of title 49, United 

13 States Code: Provided further, That at least $50,000,000 of 

14 the amount provided under this heading shall be available 

15 for the development, installation and operation of railroad 

16 safety technology, including the implementation of a posi17 tive train control system, on State-supported routes as de18 fined under section 24102(13) of title 49, United States 

19 Code, on which positive train control systems are not re20 quired by law or regulation: Provided further, That none 

21 of the funds provided under this heading shall be used by 

22 Amtrak to give notice under subsection (a) or (b) of section 

23 24706 of title 49, United States Code, with respect to long24 distance routes (as defined in section 24102 of title 49, 

25 United States Code) on which Amtrak is the sole operator 
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1 on a host railroad’s line and a positive train control system 

2 is not required by law or regulation, or, except in an emer3 gency or during maintenance or construction outages im4 pacting such routes, to otherwise discontinue, reduce the fre5 quency of, suspend, or substantially alter the route of rail 

6 service on any portion of such route operated in fiscal year 

7 2018, including implementation of service permitted by sec8 tion 24305(a)(3)(A) of title 49, United States Code, in lieu 

9 of rail service. 

10 ADMINISTRATIVE PROVISIONS—FEDERAL RAILROAD

11 ADMINISTRATION

12 SEC. 150. None of the funds provided to the National 

13 Railroad Passenger Corporation may be used to fund any 

14 overtime costs in excess of $35,000 for any individual em15 ployee: Provided, That the President of Amtrak may waive 

16 the cap set in the previous proviso for specific employees 

17 when the President of Amtrak determines such a cap poses 

18 a risk to the safety and operational efficiency of the system: 

19 Provided further, That the President of Amtrak shall report 

20 to the House and Senate Committees on Appropriations 

21 within 60 days of enactment of this Act, a summary of all 

22 overtime payments incurred by the Corporation for 2019 

23 and the three prior calendar years: Provided further, That 

24 such summary shall include the total number of employees 

25 that received waivers and the total overtime payments the 
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•HR 1865 EAH 

1 Corporation paid to those employees receiving waivers for 

2 each month for 2019 and for the three prior calendar years. 

3 SEC. 151. None of the funds provided to the National 

4 Railroad Passenger Corporation under the headings 

5 ‘‘Northeast Corridor Grants to the National Railroad Pas6 senger Corporation’’ and ‘‘National Network Grants to the 

7 National Railroad Passenger Corporation’’ may be used to 

8 reduce the total number of Amtrak Police Department uni9 formed officers patrolling on board passenger trains or at 

10 stations, facilities or rights-of-way below the staffing level 

11 on May 1, 2019. 

12 SEC. 152. It is the sense of Congress that— 

13 (1) long-distance passenger rail routes provide 

14 much-needed transportation access for 4,700,000 rid15 ers in 325 communities in 40 States and are particu16 larly important in rural areas; and 

17 (2) long-distance passenger rail routes and serv18 ices should be sustained to ensure connectivity 

19 throughout the National Network (as defined in sec20 tion 24102 of title 49, United States Code). 

21 SEC. 153. None of the funds made available by this 

22 Act may be used by the National Railroad Passenger Cor23 poration in contravention of the Worker Adjustment and 

24 Retraining Notification Act (29 U.S.C. 2101 et seq.). 
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•HR 1865 EAH 

1 FEDERAL TRANSIT ADMINISTRATION

2 ADMINISTRATIVE EXPENSES

3 For necessary administrative expenses of the Federal 

4 Transit Administration’s programs authorized by chapter 

5 53 of title 49, United States Code, $117,000,000, of which 

6 $15,000,000 shall remain available until September 30, 

7 2021, and up to $1,000,000 shall be available to carry out 

8 the provisions of section 5326 of such title: Provided, That 

9 upon submission to the Congress of the fiscal year 2021 

10 President’s budget, the Secretary of Transportation shall 

11 transmit to Congress the annual report on Capital Invest12 ment Grants, including proposed allocations for fiscal year 

13 2021. 

14 TRANSIT FORMULA GRANTS

15 (LIQUIDATION OF CONTRACT AUTHORIZATION)

16 (LIMITATION ON OBLIGATIONS)

17 (HIGHWAY TRUST FUND)

18 For payment of obligations incurred in the Federal 

19 Public Transportation Assistance Program in this account, 

20 and for payment of obligations incurred in carrying out 

21 the provisions of 49 U.S.C. 5305, 5307, 5310, 5311, 5312, 

22 5314, 5318, 5329(e)(6), 5335, 5337, 5339, and 5340, as 

23 amended by the Fixing America’s Surface Transportation 

24 Act, section 20005(b) of Public Law 112–141, and section 

25 3006(b) of the Fixing America’s Surface Transportation 
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•HR 1865 EAH 

1 Act, $10,800,000,000, to be derived from the Mass Transit 

2 Account of the Highway Trust Fund and to remain avail3 able until expended: Provided, That funds available for the 

4 implementation or execution of programs authorized under 

5 49 U.S.C. 5305, 5307, 5310, 5311, 5312, 5314, 5318, 

6 5329(e)(6), 5335, 5337, 5339, and 5340, as amended by the 

7 Fixing America’s Surface Transportation Act, section 

8 20005(b) of Public Law 112–141, and section 3006(b) of 

9 the Fixing America’s Surface Transportation Act, shall not 

10 exceed total obligations of $10,150,348,462 in fiscal year 

11 2020: Provided further, That the Federal share of the cost 

12 of activities carried out under 49 U.S.C. section 5312 shall 

13 not exceed 80 percent, except that if there is substantial 

14 public interest or benefit, the Secretary may approve a 

15 greater Federal share: Provided further, That in addition 

16 to the amounts appropriated for purposes of 49 U.S.C. 

17 5338(e), not less than 2 percent of the funds appropriated 

18 or available for the purposes of 49 U.S.C. 5338(f) shall be 

19 available for the purposes of 49 U.S.C. 5338(e). 

20 TRANSIT INFRASTRUCTURE GRANTS

21 For an additional amount for buses and bus facilities 

22 grants under section 5339 of title 49, United States Code, 

23 low or no emission grants under section 5339(c) of such 

24 title, formula grants to rural areas under section 5311 of 

25 such title, high density state apportionments under section 
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•HR 1865 EAH 

1 5340(d) of such title, the demonstration and deployment of 

2 innovative mobility solutions as authorized under section 

3 5312 of such title, bus testing facilities under sections 5312 

4 and 5318 of such title, and for grants to areas of persistent 

5 poverty, $510,000,000, to remain available until expended: 

6 Provided, That of the sums provided under this heading— 

7 (1) $338,000,000 shall be available for the buses 

8 and bus facilities competitive grants as authorized 

9 under section 5339 of such title, of which 

10 $168,000,000 shall be available for the buses and bus 

11 facilities formula grants as authorized under section 

12 5339(a) of such title, and $170,000,000 shall be avail13 able for buses and bus facilities competitive grants as 

14 authorized under section 5339(b) of such title; 

15 (2) $75,000,000 shall be available for the low or 

16 no emission grants as authorized under section 

17 5339(c) of such title: Provided, That the minimum 

18 grant award shall be not less than $750,000; 

19 (3) $40,000,000 shall be available for formula 

20 grants for rural areas as authorized under section 

21 5311 of such title; 

22 (4) $40,000,000 shall be available for the high 

23 density state apportionments as authorized under sec24 tion 5340(d) of such title; 
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•HR 1865 EAH 

1 (5) Notwithstanding section 5318(a) of such title, 

2 $3,000,000 shall be available for the operation and 

3 maintenance of bus testing facilities by institutions of 

4 higher education selected pursuant to section 5312(h): 

5 Provided, That the Secretary shall enter into a con6 tract or cooperative agreement with, or make a grant 

7 to, each institution of higher education selected pursu8 ant to section 5312(h) of such title, to operate and 

9 maintain a facility to conduct the testing of low or 

10 no emission vehicle new bus models using the stand11 ards established pursuant to section 5318(e)(2) of 

12 such title: Provided further, That the term ‘‘low or no 

13 emission vehicle’’ has the meaning given the term in 

14 section 5312(e)(6) of such title: Provided further, That 

15 the Secretary shall pay 80 percent of the cost of test16 ing a low or no emission vehicle new bus model at 

17 each selected institution of higher education: Provided 

18 further, That the entity having the vehicle tested shall 

19 pay 20 percent of the cost of testing: Provided further, 

20 That a low or no emission vehicle new bus model test21 ed that receives a passing aggregate test score in ac22 cordance with the standards established under section 

23 5318(e)(2) of such title, shall be deemed to be in com24 pliance with the requirements of section 5318(e) of 

25 such title; 
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•HR 1865 EAH 

1 (6) $5,500,000 shall be available for the dem2 onstration and deployment of innovative mobility so3 lutions as authorized under section 5312 of such title; 

4 and 

5 (7) $8,500,000 shall be available for competitive 

6 grants to eligible entities to assist areas of persistent 

7 poverty: Provided, That areas of persistent poverty 

8 means any county that has consistently had 20 per9 cent or more of the population living in poverty over 

10 the 30 years preceding the date of enactment of this 

11 Act, as measured by the 1990 and 2000 decennial 

12 census and the most recent Small Area Income and 

13 Poverty Estimates, or any census tract with a poverty 

14 rate of at least 20 percent as measured by the 2013– 

15 2017 5-year data series available from the American 

16 Community Survey of the Census Bureau: Provided 

17 further, That grants shall be for planning, engineer18 ing, or development of technical, or financing plans 

19 for projects eligible under chapter 53 of title 49, 

20 United States Code: Provided further, That eligible 

21 entities are those defined as eligible recipients or sub22 recipients under sections 5307, 5310 or 5311 of title 

23 49, United States Code, and are in areas of persistent 

24 poverty: Provided further, That the Federal Transit 

25 Administration should complete outreach to such 
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•HR 1865 EAH 

1 counties and the departments of transportation with2 in applicable States via personal contact, webinars, 

3 web materials and other appropriate methods deter4 mined by the Administrator: Provided further, That 

5 State departments of transportation may apply on 

6 behalf of eligible entities within their States: Provided 

7 further, That the Federal Transit Administration 

8 should encourage grantees to work with non-profits or 

9 other entities of their choosing in order to develop 

10 planning, technical, engineering, or financing plans: 

11 Provided further, That the Federal Transit Adminis12 tration should encourage grantees to partner with 

13 non-profits that can assist with making projects low 

14 or no emissions: Provided further, That projects fund15 ed under paragraph (7) of this heading shall be for 

16 not less than 90 percent of the net total project cost: 

17 Provided further, That amounts made available by this 

18 heading shall be derived from the general fund: Provided 

19 further, That the amounts made available under this head20 ing shall not be subject to any limitation on obligations 

21 for transit programs set forth in any Act. 

22 TECHNICAL ASSISTANCE AND TRAINING

23 For necessary expenses to carry out 49 U.S.C. 5314, 

24 $5,000,000, to remain available until September 30, 2021, 

25 of which not less than $2,500,000 shall be for a cooperative 
1029 

•HR 1865 EAH 

1 agreement through which the Federal Transit Administra2 tion assists transit recipients with frontline workforce devel3 opment and standards based training in maintenance and 

4 operations through an agreement with a national nonprofit 

5 organization with a demonstrated capacity to develop and 

6 provide such programs though labor management partner7 ships and apprenticeships: Provided, That the assistance 

8 provided under this heading does not duplicate the activi9 ties of 49 U.S.C. 5311(b) or 49 U.S.C. 5312. 

10 CAPITAL INVESTMENT GRANTS

11 For necessary expenses to carry out fixed guideway 

12 capital investment grants under section 5309 of title 49, 

13 United States Code, and section 3005(b) of the Fixing 

14 America’s Surface Transportation Act, $1,978,000,000, to 

15 remain available until September 30, 2023: Provided, That 

16 of the amounts made available under this heading, 

17 $1,681,300,000 shall be allocated by December 31, 2021: 

18 Provided further, That of the amounts made available 

19 under this heading, $1,458,000,000 shall be available for 

20 projects authorized under section 5309(d) of title 49, United 

21 States Code, $300,000,000 shall be available for projects au22 thorized under section 5309(e) of title 49, United States 

23 Code, $100,000,000 shall be available for projects authorized 

24 under section 5309(h) of title 49, United States Code, and 

25 $100,000,000 shall be available for projects authorized 
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•HR 1865 EAH 

1 under section 3005(b) of the Fixing America’s Surface 

2 Transportation Act: Provided further, That the Secretary 

3 shall continue to administer the capital investment grants 

4 program in accordance with the procedural and substantive 

5 requirements of section 5309 of title 49, United States Code, 

6 and of section 3005(b) of the Fixing America’s Surface 

7 Transportation Act: Provided further, That projects that re8 ceive a grant agreement under the Expedited Project Deliv9 ery for Capital Investment Grants Pilot Program under 

10 section 3005(b) of the Fixing America’s Surface Transpor11 tation Act shall be deemed eligible for funding provided for 

12 projects under section 5309 of title 49, United States Code, 

13 without further evaluation or rating under such section: 

14 Provided further, That such funding shall not exceed the 

15 Federal share under section 3005(b). 

16 GRANTS TO THE WASHINGTON METROPOLITAN AREA

17 TRANSIT AUTHORITY

18 For grants to the Washington Metropolitan Area Tran19 sit Authority as authorized under section 601 of division 

20 B of Public Law 110–432, $150,000,000, to remain avail21 able until expended: Provided, That the Secretary of Trans22 portation shall approve grants for capital and preventive 

23 maintenance expenditures for the Washington Metropolitan 

24 Area Transit Authority only after receiving and reviewing 

25 a request for each specific project: Provided further, That 
1031 

•HR 1865 EAH 

1 the Secretary shall determine that the Washington Metro2 politan Area Transit Authority has placed the highest pri3 ority on those investments that will improve the safety of 

4 the system before approving such grants: Provided further, 

5 That the Secretary, in order to ensure safety throughout the 

6 rail system, may waive the requirements of section 

7 601(e)(1) of division B of Public Law 110–432. 

8 ADMINISTRATIVE PROVISIONS—FEDERAL TRANSIT

9 ADMINISTRATION

10 SEC. 160. The limitations on obligations for the pro11 grams of the Federal Transit Administration shall not 

12 apply to any authority under 49 U.S.C. 5338, previously 

13 made available for obligation, or to any other authority pre14 viously made available for obligation. 

15 SEC. 161. Notwithstanding any other provision of law, 

16 funds appropriated or limited by this Act under the heading 

17 ‘‘Fixed Guideway Capital Investment’’ of the Federal Tran18 sit Administration for projects specified in this Act or iden19 tified in reports accompanying this Act not obligated by 

20 September 30, 2023, and other recoveries, shall be directed 

21 to projects eligible to use the funds for the purposes for 

22 which they were originally provided. 

23 SEC. 162. Notwithstanding any other provision of law, 

24 any funds appropriated before October 1, 2019, under any 

25 section of chapter 53 of title 49, United States Code, that 
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•HR 1865 EAH 

1 remain available for expenditure, may be transferred to and 

2 administered under the most recent appropriation heading 

3 for any such section. 

4 SEC. 163. No funds in this or any other Act shall be 

5 used to adjust apportionments or withhold funds from ap6 portionments pursuant to 26 U.S.C. 9503(e)(4). 

7 SEC. 164. An eligible recipient of a grant under section 

8 5339(c) may submit an application in partnership with 

9 other entities, including a transit vehicle manufacturer, 

10 that intend to participate in the implementation of a 

11 project under section 5339(c) of title 49, United States 

12 Code, and a project awarded with such partnership shall 

13 be treated as satisfying the requirement for a competitive 

14 procurement under section 5325(a) of title 49, United 

15 States Code, for the named entity. 

16 SEC. 165. None of the funds made available in this 

17 or any other Act shall be used to impede or hinder project 

18 advancement or approval for any project seeking a Federal 

19 contribution from the capital investment grant program of 

20 greater than 40 percent of project costs as authorized under 

21 49 U.S.C. 5309. 

22 SEC. 166. None of the funds made available under this 

23 Act may be used for the implementation or furtherance of 

24 new policies detailed in the ‘‘Dear Colleague’’ letter distrib-
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•HR 1865 EAH 

1 uted by the Federal Transit Administration to capital in2 vestment grant program project sponsors on June 29, 2018. 

3 SAINT LAWRENCE SEAWAY DEVELOPMENT CORPORATION

4 The Saint Lawrence Seaway Development Corpora5 tion is hereby authorized to make such expenditures, within 

6 the limits of funds and borrowing authority available to 

7 the Corporation, and in accord with law, and to make such 

8 contracts and commitments without regard to fiscal year 

9 limitations, as provided by section 104 of the Government 

10 Corporation Control Act, as amended, as may be necessary 

11 in carrying out the programs set forth in the Corporation’s 

12 budget for the current fiscal year. 

13 OPERATIONS AND MAINTENANCE

14 (HARBOR MAINTENANCE TRUST FUND)

15 For necessary expenses to conduct the operations, 

16 maintenance, and capital asset renewal activities on those 

17 portions of the Saint Lawrence Seaway owned, operated, 

18 and maintained by the Saint Lawrence Seaway Develop19 ment Corporation, $38,000,000, to be derived from the Har20 bor Maintenance Trust Fund, pursuant to Public Law 99– 

21 662: Provided, That of the amounts made available under 

22 this heading, not less than $16,000,000 shall be used on cap23 ital asset renewal activities. 
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1 MARITIME ADMINISTRATION

2 MARITIME SECURITY PROGRAM

3 For necessary expenses to maintain and preserve a 

4 U.S.-flag merchant fleet to serve the national security needs 

5 of the United States, $300,000,000, to remain available 

6 until expended. 

7 OPERATIONS AND TRAINING

8 (INCLUDING TRANSFER OF FUNDS)

9 For necessary expenses of operations and training ac10 tivities authorized by law, $152,589,000: Provided, That of 

11 the sums appropriated under this heading— 

12 (1) $80,216,000 shall remain available until 

13 September 30, 2021 for the operations of the United 

14 States Merchant Marine Academy; 

15 (2) $5,225,000 shall remain available until ex16 pended for the maintenance and repair, and equip17 ment at the United States Merchant Marine Acad18 emy; 

19 (3) $3,000,000 shall remain available until Sep20 tember 30, 2021 for the Maritime Environment and 

21 Technology Assistance program authorized under sec22 tion 50307 of title 46, United States Code; and 

23 (4) $9,775,000, shall remain available until ex24 pended for the Short Sea Transportation Program 

25 (America’s Marine Highways) to make grants for the 
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•HR 1865 EAH 

1 purposes authorized under sections 55601(b)(1) and 

2 (3) of title 46, United States Code: 

3 Provided further, That not later than 120 days after enact4 ment of this Act, the Administrator of the Maritime Admin5 istration shall transmit to the House and Senate Commit6 tees on Appropriations the annual report on sexual assault 

7 and sexual harassment at the United States Merchant Ma8 rine Academy as required pursuant to section 3507 of Pub9 lic Law 110–417: Provided further, That available balances 

10 under this heading for the Short Sea Transportation Pro11 gram (America’s Marine Highways) from prior year recov12 eries shall be available to carry out activities authorized 

13 under sections 55601(b)(1) and (3) of title 46, United States 

14 Code: Provided further, That from funds provided under 

15 paragraphs (3) and (4) of the first proviso, the Secretary 

16 of Transportation shall make grants no later than 180 days 

17 after enactment of this Act in such amounts as the Sec18 retary determines: Provided further, That any unobligated 

19 balances and obligated balances not yet expended from pre20 vious appropriations under this heading for programs and 

21 activities supporting State Maritime Academies shall be 

22 transferred to and merged with the appropriations for 

23 ‘‘Maritime Administration—State Maritime Academy Op24 erations’’ and shall be made available for the same purposes 
1036 

•HR 1865 EAH 

1 as the appropriations for ‘‘Maritime Administration— 

2 State Maritime Academy Operations’’. 

3 STATE MARITIME ACADEMY OPERATIONS

4 For necessary expenses of operations, support and 

5 training activities for State Maritime Academies, 

6 $342,280,000: Provided, That of the sums appropriated 

7 under this heading— 

8 (1) $30,080,000, to remain available until ex9 pended, shall be for maintenance, repair, life exten10 sion, marine insurance, and capacity improvement of 

11 National Defense Reserve Fleet training ships in sup12 port of State Maritime Academies, of which 

13 $8,080,000, to remain available until expended, shall 

14 be for expenses related to training mariners for costs 

15 associated with training vessel sharing pursuant to 

16 46 U.S.C. 51504(g)(3) for costs associated with mobi17 lizing, operating and demobilizing the vessel, includ18 ing travel costs for students, faculty and crew, the 

19 costs of the general agent, crew costs, fuel, insurance, 

20 operational fees, and vessel hire costs, as determined 

21 by the Secretary; 

22 (2) $300,000,000, to remain available until ex23 pended, shall be for the National Security Multi-Mis24 sion Vessel Program, including funds for construction, 

25 planning, administration, and design of school ships; 
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•HR 1865 EAH 

1 (3) $2,400,000 shall remain available through 

2 September 30, 2021, for the Student Incentive Pro3 gram; 

4 (4) $3,800,000 shall remain available until ex5 pended for training ship fuel assistance; and 

6 (5) $6,000,000 shall remain available until Sep7 tember 30, 2021, for direct payments for State Mari8 time Academies. 

9 ASSISTANCE TO SMALL SHIPYARDS

10 To make grants to qualified shipyards as authorized 

11 under section 54101 of title 46, United States Code, as 

12 amended by Public Law 113–281, $20,000,000, to remain 

13 available until expended. 

14 SHIP DISPOSAL

15 For necessary expenses related to the disposal of obso16 lete vessels in the National Defense Reserve Fleet of the Mar17 itime Administration, $5,000,000, to remain available 

18 until expended. 

19 MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM

20 ACCOUNT

21 (INCLUDING TRANSFER OF FUNDS)

22 For administrative expenses to carry out the guaran23 teed loan program, $3,000,000, which shall be transferred 

24 to and merged with the appropriations for ‘‘Operations and 

25 Training’’, Maritime Administration. 
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•HR 1865 EAH 

1 PORT INFRASTRUCTURE DEVELOPMENT PROGRAM

2 To make grants to improve port facilities as authorized 

3 under section 50302 of title 46, United States Code, 

4 $225,000,000 to remain available until expended: Provided, 

5 That projects eligible for funding provided under this head6 ing shall be projects for coastal seaports, inland river ports, 

7 or Great Lakes ports: Provided further, That of the amounts 

8 made available under this heading, no less than 

9 $200,000,000 shall be for coastal seaports or Great Lakes 

10 ports: Provided further, That the Maritime Administration 

11 shall distribute funds provided under this heading as discre12 tionary grants to port authorities or commissions or their 

13 subdivisions and agents under existing authority, as well 

14 as to a State or political subdivision of a State or local 

15 government, a tribal government, a public agency or pub16 licly chartered authority established by one or more States, 

17 a special purpose district with a transportation function, 

18 a multistate or multijurisdictional group of entities, or a 

19 lead entity described above jointly with a private entity or 

20 group of private entities: Provided further, That projects 

21 eligible for funding provided under this heading shall be 

22 designed to improve the safety, efficiency, or reliability of 

23 the movement of goods into, out of, around, or within a 

24 port and located— 

25 (1) within the boundary of a port, or 
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•HR 1865 EAH 

1 (2) outside the boundary of a port, and directly 

2 related to port operations, or to an intermodal con3 nection to a port: 

4 Provided further, That project awards eligible under this 

5 heading shall be only for— 

6 (1) port gate improvements; 

7 (2) road improvements both within and con8 necting to the port; 

9 (3) rail improvements both within and con10 necting to the port; 

11 (4) berth improvements (including docks, 

12 wharves, piers and dredging incidental to the im13 provement project); 

14 (5) fixed landside improvements in support of 

15 cargo operations (such as silos, elevators, conveyors, 

16 container terminals, Ro/Ro structures including park17 ing garages necessary for intermodal freight transfer, 

18 warehouses including refrigerated facilities, lay-down 

19 areas, transit sheds, and other such facilities); 

20 (6) utilities necessary for safe operations (includ21 ing lighting, stormwater, and other such improve22 ments that are incidental to a larger infrastructure 

23 project); or 

24 (7) a combination of activities described above: 
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•HR 1865 EAH 

1 Provided further, That the Federal share of the costs for 

2 which an expenditure is made under this heading shall be 

3 up to 80 percent: Provided further, That for grants awarded 

4 under this heading, the minimum grant size shall be 

5 $1,000,000: Provided further, That for grant awards less 

6 than $10,000,000, the Secretary shall prioritize ports that 

7 handled less than 10,000,000 short tons in 2017, as identi8 fied by the U.S. Army Corps of Engineers: Provided further, 

9 That for grant awards less than $10,000,000, the Secretary 

10 may increase the Federal share of costs above 80 percent: 

11 Provided further, That not to exceed 2 percent of the funds 

12 appropriated under this heading shall be available for nec13 essary costs of grant administration. 

14 ADMINISTRATIVE PROVISIONS—MARITIME ADMINISTRATION

15 SEC. 170. Notwithstanding any other provision of this 

16 Act, in addition to any existing authority, the Maritime 

17 Administration is authorized to furnish utilities and serv18 ices and make necessary repairs in connection with any 

19 lease, contract, or occupancy involving Government prop20 erty under control of the Maritime Administration: Pro21 vided, That payments received therefor shall be credited to 

22 the appropriation charged with the cost thereof and shall 

23 remain available until expended: Provided further, That 

24 rental payments under any such lease, contract, or occu-
1041 

•HR 1865 EAH 

1 pancy for items other than such utilities, services, or repairs 

2 shall be covered into the Treasury as miscellaneous receipts. 

3 PIPELINE AND HAZARDOUS MATERIALS SAFETY

4 ADMINISTRATION

5 OPERATIONAL EXPENSES

6 For necessary operational expenses of the Pipeline and 

7 Hazardous Materials Safety Administration, $24,215,000, 

8 of which $1,500,000 shall remain available until September 

9 30, 2022: Provided, That no later than 90 days after enact10 ment of this Act, the Secretary of Transportation shall ini11 tiate a rulemaking on automatic and remote-controlled 

12 shut-off valves and hazardous liquid pipeline facilities leak 

13 detection systems as required under section 4 and section 

14 8 of the Pipeline Safety, Regulatory Certainty, and Job 

15 Creation Act of 2011 (Public Law 112–90), respectively, 

16 and shall issue a final rule no later than one year after 

17 enactment of this Act. 

18 HAZARDOUS MATERIALS SAFETY

19 For expenses necessary to discharge the hazardous ma20 terials safety functions of the Pipeline and Hazardous Ma21 terials Safety Administration, $61,000,000, of which 

22 $11,000,000 shall remain available until September 30, 

23 2022: Provided, That up to $800,000 in fees collected under 

24 49 U.S.C. 5108(g) shall be deposited in the general fund 

25 of the Treasury as offsetting receipts: Provided further, That 
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•HR 1865 EAH 

1 there may be credited to this appropriation, to be available 

2 until expended, funds received from States, counties, mu3 nicipalities, other public authorities, and private sources 

4 for expenses incurred for training, for reports publication 

5 and dissemination, and for travel expenses incurred in per6 formance of hazardous materials exemptions and approvals 

7 functions. 

8 PIPELINE SAFETY

9 (PIPELINE SAFETY FUND)

10 (OIL SPILL LIABILITY TRUST FUND)

11 For expenses necessary to carry out a pipeline safety 

12 program, as authorized by 49 U.S.C. 60107, and to dis13 charge the pipeline program responsibilities of the Oil Pol14 lution Act of 1990, $168,000,000, to remain available until 

15 September 30, 2022, of which $23,000,000 shall be derived 

16 from the Oil Spill Liability Trust Fund; of which 

17 $137,000,000 shall be derived from the Pipeline Safety 

18 Fund; and of which $8,000,000 shall be derived from fees 

19 collected under 49 U.S.C. 60302 and deposited in the Un20 derground Natural Gas Storage Facility Safety Account for 

21 the purpose of carrying out 49 U.S.C. 60141: Provided, 

22 That not less than $1,058,000 of the funds provided under 

23 this heading shall be for the One-Call State grant program. 
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•HR 1865 EAH 

1 EMERGENCY PREPAREDNESS GRANTS

2 (EMERGENCY PREPAREDNESS FUND)

3 For expenses necessary to carry out the Emergency 

4 Preparedness Grants program, not more than $28,318,000 

5 shall remain available until September 30, 2022, from 

6 amounts made available by 49 U.S.C. 5116(h), and 5128(b) 

7 and (c): Provided, That notwithstanding 49 U.S.C. 

8 5116(h)(4), not more than 4 percent of the amounts made 

9 available from this account shall be available to pay admin10 istrative costs: Provided further, That notwithstanding 49 

11 U.S.C. 5128(b) and (c) and the current year obligation lim12 itation, prior year recoveries recognized in the current year 

13 shall be available to develop a hazardous materials response 

14 training curriculum for emergency responders, including 

15 response activities for the transportation of crude oil, eth16 anol and other flammable liquids by rail, consistent with 

17 National Fire Protection Association standards, and to 

18 make such training available through an electronic format: 

19 Provided further, That the prior year recoveries made avail20 able under this heading shall also be available to carry out 

21 49 U.S.C. 5116(a)(1)(C), 5116(h), 5116(i), and 5107(e). 

22 OFFICE OF INSPECTOR GENERAL

23 SALARIES AND EXPENSES

24 For necessary expenses of the Office of Inspector Gen25 eral to carry out the provisions of the Inspector General 
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•HR 1865 EAH 

1 Act of 1978, as amended, $94,600,000: Provided, That the 

2 Inspector General shall have all necessary authority, in car3 rying out the duties specified in the Inspector General Act, 

4 as amended (5 U.S.C. App. 3), to investigate allegations 

5 of fraud, including false statements to the government (18 

6 U.S.C. 1001), by any person or entity that is subject to 

7 regulation by the Department of Transportation. 

8 GENERAL PROVISIONS—DEPARTMENT OF

9 TRANSPORTATION

10 SEC. 180. (a) During the current fiscal year, applica11 ble appropriations to the Department of Transportation 

12 shall be available for maintenance and operation of air13 craft; hire of passenger motor vehicles and aircraft; pur14 chase of liability insurance for motor vehicles operating in 

15 foreign countries on official department business; and uni16 forms or allowances therefor, as authorized by law (5 U.S.C. 

17 5901–5902). 

18 (b) During the current fiscal year, applicable appro19 priations to the Department and its operating administra20 tions shall be available for the purchase, maintenance, oper21 ation, and deployment of unmanned aircraft systems that 

22 advance the Department’s, or its operating administra23 tions’, missions. 
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•HR 1865 EAH 

1 (c) Any unmanned aircraft system purchased or pro2 cured by the Department prior to the enactment of this Act 

3 shall be deemed authorized. 

4 SEC. 181. Appropriations contained in this Act for the 

5 Department of Transportation shall be available for services 

6 as authorized by 5 U.S.C. 3109, but at rates for individuals 

7 not to exceed the per diem rate equivalent to the rate for 

8 an Executive Level IV. 

9 SEC. 182. (a) No recipient of funds made available in 

10 this Act shall disseminate personal information (as defined 

11 in 18 U.S.C. 2725(3)) obtained by a State department of 

12 motor vehicles in connection with a motor vehicle record 

13 as defined in 18 U.S.C. 2725(1), except as provided in 18 

14 U.S.C. 2721 for a use permitted under 18 U.S.C. 2721. 

15 (b) Notwithstanding subsection (a), the Secretary shall 

16 not withhold funds provided in this Act for any grantee 

17 if a State is in noncompliance with this provision. 

18 SEC. 183. None of the funds in this Act shall be avail19 able for salaries and expenses of more than 125 political 

20 and Presidential appointees in the Department of Trans21 portation: Provided, That none of the personnel covered by 

22 this provision may be assigned on temporary detail outside 

23 the Department of Transportation. 

24 SEC. 184. Funds received by the Federal Highway Ad25 ministration and Federal Railroad Administration from 
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•HR 1865 EAH 

1 States, counties, municipalities, other public authorities, 

2 and private sources for expenses incurred for training may 

3 be credited respectively to the Federal Highway Adminis4 tration’s ‘‘Federal-Aid Highways’’ account and to the Fed5 eral Railroad Administration’s ‘‘Safety and Operations’’ 

6 account, except for State rail safety inspectors participating 

7 in training pursuant to 49 U.S.C. 20105. 

8 SEC. 185. (a) None of the funds provided in this Act 

9 to the Department of Transportation may be used to make 

10 a loan, loan guarantee, line of credit, or discretionary grant 

11 unless the Secretary of Transportation notifies the House 

12 and Senate Committees on Appropriations not less than 3 

13 full business days before any project competitively selected 

14 to receive any discretionary grant award, letter of intent, 

15 loan commitment, loan guarantee commitment, line of cred16 it commitment, or full funding grant agreement is an17 nounced by the Department or its modal administrations: 

18 Provided, That the Secretary gives concurrent notification 

19 to the House and Senate Committees on Appropriations for 

20 any ‘‘quick release’’ of funds from the emergency relief pro21 gram: Provided further, That no notification shall involve 

22 funds that are not available for obligation. 

23 (b) In addition to the notification required in sub24 section (a), none of the funds made available in this Act 

25 to the Department of Transportation may be used to make 
1047 

•HR 1865 EAH 

1 a loan, loan guarantee, line of credit, cooperative agreement 

2 or discretionary grant unless the Secretary of Transpor3 tation provides the House and Senate Committees on Ap4 propriations a comprehensive list of all such loans, loan 

5 guarantees, lines of credit, cooperative agreement or discre6 tionary grants that will be announced not less the 3 full 

7 business days before such announcement: Provided, That the 

8 Department shall provide the list required in this subsection 

9 prior to the notification required in subsection (a): Pro10 vided further, That the requirement to provide a list in this 

11 subsection does not apply to any ‘‘quick release’’ of funds 

12 from the emergency relief program: Provided further, That 

13 no list shall involve funds that are not available for obliga14 tion. 

15 SEC. 186. Rebates, refunds, incentive payments, minor 

16 fees and other funds received by the Department of Trans17 portation from travel management centers, charge card pro18 grams, the subleasing of building space, and miscellaneous 

19 sources are to be credited to appropriations of the Depart20 ment of Transportation and allocated to elements of the De21 partment of Transportation using fair and equitable cri22 teria and such funds shall be available until expended. 

23 SEC. 187. Amounts made available in this or any 

24 prior Act that the Secretary determines represent improper 

25 payments by the Department of Transportation to a third- 
1048 

•HR 1865 EAH 

1 party contractor under a financial assistance award, which 

2 are recovered pursuant to law, shall be available— 

3 (1) to reimburse the actual expenses incurred by 

4 the Department of Transportation in recovering im5 proper payments: Provided, That amounts made 

6 available in this Act shall be available until ex7 pended; and 

8 (2) to pay contractors for services provided in re9 covering improper payments or contractor support in 

10 the implementation of the Improper Payments Infor11 mation Act of 2002, as amended by the Improper 

12 Payments Elimination and Recovery Act of 2010 and 

13 Improper Payments Elimination and Recovery Im14 provement Act of 2012, and Fraud Reduction and 

15 Data Analytics Act of 2015: Provided, That amounts 

16 in excess of that required for paragraphs (1) and 

17 (2)— 

18 (A) shall be credited to and merged with the 

19 appropriation from which the improper pay20 ments were made, and shall be available for the 

21 purposes and period for which such appropria22 tions are available: Provided further, That where 

23 specific project or accounting information associ24 ated with the improper payment or payments is 

25 not readily available, the Secretary may credit 
1049 

•HR 1865 EAH 

1 an appropriate account, which shall be available 

2 for the purposes and period associated with the 

3 account so credited; or 

4 (B) if no such appropriation remains avail5 able, shall be deposited in the Treasury as mis6 cellaneous receipts: Provided further, That prior 

7 to depositing such recovery in the Treasury, the 

8 Secretary shall notify the House and Senate 

9 Committees on Appropriations of the amount 

10 and reasons for such transfer: Provided further, 

11 That for purposes of this section, the term ‘‘im12 proper payments’’ has the same meaning as that 

13 provided in section 2(e)(2) of Public Law 111– 

14 204. 

15 SEC. 188. Notwithstanding any other provision of law, 

16 if any funds provided in or limited by this Act are subject 

17 to a reprogramming action that requires notice to be pro18 vided to the House and Senate Committees on Appropria19 tions, transmission of said reprogramming notice shall be 

20 provided solely to the House and Senate Committees on Ap21 propriations, and said reprogramming action shall be ap22 proved or denied solely by the House and Senate Commit23 tees on Appropriations: Provided, That the Secretary of 

24 Transportation may provide notice to other congressional 

25 committees of the action of the House and Senate Commit-
1050 

•HR 1865 EAH 

1 tees on Appropriations on such reprogramming but not 

2 sooner than 30 days following the date on which the re3 programming action has been approved or denied by the 

4 House and Senate Committees on Appropriations. 

5 SEC. 189. Funds appropriated in this Act to the modal 

6 administrations may be obligated for the Office of the Sec7 retary for the costs related to assessments or reimbursable 

8 agreements only when such amounts are for the costs of 

9 goods and services that are purchased to provide a direct 

10 benefit to the applicable modal administration or adminis11 trations. 

12 SEC. 190. The Secretary of Transportation is author13 ized to carry out a program that establishes uniform stand14 ards for developing and supporting agency transit pass and 

15 transit benefits authorized under section 7905 of title 5, 

16 United States Code, including distribution of transit bene17 fits by various paper and electronic media. 

18 SEC. 191. The Department of Transportation may use 

19 funds provided by this Act, or any other Act, to assist a 

20 contract under title 49 U.S.C. or title 23 U.S.C. utilizing 

21 geographic, economic, or any other hiring preference not 

22 otherwise authorized by law, or to amend a rule, regulation, 

23 policy or other measure that forbids a recipient of a Federal 

24 Highway Administration or Federal Transit Administra25 tion grant from imposing such hiring preference on a con-
1051 

•HR 1865 EAH 

1 tract or construction project with which the Department of 

2 Transportation is assisting, only if the grant recipient cer3 tifies the following: 

4 (1) that except with respect to apprentices or 

5 trainees, a pool of readily available but unemployed 

6 individuals possessing the knowledge, skill, and abil7 ity to perform the work that the contract requires re8 sides in the jurisdiction; 

9 (2) that the grant recipient will include appro10 priate provisions in its bid document ensuring that 

11 the contractor does not displace any of its existing 

12 employees in order to satisfy such hiring preference; 

13 and 

14 (3) that any increase in the cost of labor, train15 ing, or delays resulting from the use of such hiring 

16 preference does not delay or displace any transpor17 tation project in the applicable Statewide Transpor18 tation Improvement Program or Transportation Im19 provement Program. 

20 SEC. 192. Section 502(b)(3) of the Railroad Revital21 ization and Regulatory Reform Act of 1976 (45 U.S.C. 

22 822(b)(3)) is amended by striking ‘‘only during the 4-year 

23 period beginning on the date of enactment of the Passenger 

24 Rail Reform and Investment Act of 2015’’ and inserting 

25 ‘‘until September 30, 2020’’. 
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•HR 1865 EAH 

1 SEC. 193. The Secretary of Transportation shall co2 ordinate with the Secretary of Homeland Security to ensure 

3 that best practices for Industrial Control Systems Procure4 ment are up-to-date and shall ensure that systems procured 

5 with funds provided under this title were procured using 

6 such practices. 

7 This title may be cited as the ‘‘Department of Trans8 portation Appropriations Act, 2020’’. 

9 TITLE II 

10 DEPARTMENT OF HOUSING AND URBAN 

11 DEVELOPMENT 

12 MANAGEMENT AND ADMINISTRATION

13 EXECUTIVE OFFICES

14 For necessary salaries and expenses for Executive Of15 fices, which shall be comprised of the offices of the Secretary, 

16 Deputy Secretary, Adjudicatory Services, Congressional 

17 and Intergovernmental Relations, Public Affairs, Small 

18 and Disadvantaged Business Utilization, and the Center for 

19 Faith-Based and Neighborhood Partnerships, $14,217,000, 

20 to remain available until September 30, 2021: Provided, 

21 That not to exceed $25,000 of the amount made available 

22 under this heading shall be available to the Secretary for 

23 official reception and representation expenses as the Sec24 retary may determine. 
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•HR 1865 EAH 

1 ADMINISTRATIVE SUPPORT OFFICES

2 For necessary salaries and expenses for Administrative 

3 Support Offices, $563,378,000, to remain available until 

4 September 30, 2021: Provided, That of the sums appro5 priated under this heading— 

6 (1) $73,562,000 shall be available for the Office 

7 of the Chief Financial Officer; 

8 (2) $103,916,000 shall be available for the Office 

9 of the General Counsel, of which not less than 

10 $18,700,000 shall be for the Departmental Enforce11 ment Center; 

12 (3) $206,849,000 shall be available for the Office 

13 of Administration; 

14 (4) $39,827,000 shall be available for the Office 

15 of the Chief Human Capital Officer; 

16 (5) $57,861,000 shall be available for the Office 

17 of Field Policy and Management; 

18 (6) $19,445,000 shall be available for the Office 

19 of the Chief Procurement Officer; 

20 (7) $4,242,000 shall be available for the Office of 

21 Departmental Equal Employment Opportunity; and 

22 (8) $57,676,000 shall be available for the Office 

23 of the Chief Information Officer: 

24 Provided further, That funds provided under this heading 

25 may be used for necessary administrative and non-adminis-
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•HR 1865 EAH 

1 trative expenses of the Department of Housing and Urban 

2 Development, not otherwise provided for, including pur3 chase of uniforms, or allowances therefor, as authorized by 

4 5 U.S.C. 5901–5902; hire of passenger motor vehicles; and 

5 services as authorized by 5 U.S.C. 3109: Provided further, 

6 That notwithstanding any other provision of law, funds ap7 propriated under this heading may be used for advertising 

8 and promotional activities that directly support program 

9 activities funded in this title: Provided further, That the 

10 Secretary shall provide the House and Senate Committees 

11 on Appropriations quarterly written notification regarding 

12 the status of pending congressional reports: Provided fur13 ther, That the Secretary shall provide in electronic form all 

14 signed reports required by Congress: Provided further, That 

15 none of the funds made available under this heading for 

16 the Office of the Chief Financial Officer for the financial 

17 transformation initiative shall be available for obligation 

18 until after the Secretary has published all mitigation allo19 cations made available under the heading ‘‘Department of 

20 Housing and Urban Development—Community Planning 

21 and Development—Community Development Fund’’ in 

22 Public Law 115–123 and the necessary administrative re23 quirements pursuant to section 1102 of Public Law 116– 

24 20: Provided further, That only after the terms and condi25 tions of the previous proviso have been met, not more than 
1055 

•HR 1865 EAH 

1 10 percent of the funds made available under this heading 

2 for the Office of the Chief Financial Officer for the financial 

3 transformation initiative may be obligated until the Sec4 retary submits to the House and Senate Committees on Ap5 propriations, for approval, a plan for expenditure that in6 cludes the financial and internal control capabilities to be 

7 delivered and the mission benefits to be realized, key mile8 stones to be met, and the relationship between the proposed 

9 use of funds made available under this heading and the pro10 jected total cost and scope of the initiative. 

11 PROGRAM OFFICES

12 For necessary salaries and expenses for Program Of13 fices, $847,000,000, to remain available until September 30, 

14 2021: Provided, That of the sums appropriated under this 

15 heading— 

16 (1) $227,000,000 shall be available for the Office 

17 of Public and Indian Housing; 

18 (2) $124,000,000 shall be available for the Office 

19 of Community Planning and Development; 

20 (3) $384,000,000 shall be available for the Office 

21 of Housing, of which not less than $12,300,000 shall 

22 be for the Office of Recapitalization; 

23 (4) $28,000,000 shall be available for the Office 

24 of Policy Development and Research; 
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•HR 1865 EAH 

1 (5) $75,000,000 shall be available for the Office 

2 of Fair Housing and Equal Opportunity; and 

3 (6) $9,000,000 shall be available for the Office of 

4 Lead Hazard Control and Healthy Homes. 

5 WORKING CAPITAL FUND

6 (INCLUDING TRANSFER OF FUNDS)

7 For the working capital fund for the Department of 

8 Housing and Urban Development (referred to in this para9 graph as the ‘‘Fund’’), pursuant, in part, to section 7(f) 

10 of the Department of Housing and Urban Development Act 

11 (42 U.S.C. 3535(f)), amounts transferred, including reim12 bursements pursuant to section 7(f), to the Fund under this 

13 heading shall be available only for Federal shared services 

14 used by offices and agencies of the Department, and for any 

15 such portion of any office or agency’s printing, records 

16 management, space renovation, furniture, or supply serv17 ices the Secretary has determined shall be provided through 

18 the Fund, and the operational expenses of the Fund: Pro19 vided, That amounts within the Fund shall not be available 

20 to provide services not specifically authorized under this 

21 heading: Provided further, That upon a determination by 

22 the Secretary that any other service (or portion thereof) au23 thorized under this heading shall be provided through the 

24 Fund, amounts made available in this title for salaries and 

25 expenses under the headings ‘‘Executive Offices’’, ‘‘Adminis-
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•HR 1865 EAH 

1 trative Support Offices’’, ‘‘Program Offices’’, and ‘‘Govern2 ment National Mortgage Association’’, for such services 

3 shall be transferred to the Fund, to remain available until 

4 expended: Provided further, That the Secretary shall notify 

5 the House and Senate Committees on Appropriations of its 

6 plans for executing such transfers at least fifteen (15) days 

7 in advance of such transfers: Provided further, That the 

8 Secretary may transfer not to exceed an additional 

9 $5,000,000, in aggregate, from all such appropriations, to 

10 be merged with the Fund and to remain available until ex11 pended for any purpose under this heading. 

12 PUBLIC AND INDIAN HOUSING

13 TENANT-BASED RENTAL ASSISTANCE

14 For activities and assistance for the provision of ten15 ant-based rental assistance authorized under the United 

16 States Housing Act of 1937, as amended (42 U.S.C. 1437 

17 et seq.) (‘‘the Act’’ herein), not otherwise provided for, 

18 $19,874,050,000, to remain available until expended, shall 

19 be available on October 1, 2019 (in addition to the 

20 $4,000,000,000 previously appropriated under this heading 

21 that shall be available on October 1, 2019), and 

22 $4,000,000,000, to remain available until expended, shall 

23 be available on October 1, 2020: Provided, That the 

24 amounts made available under this heading are provided 

25 as follows: 
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•HR 1865 EAH 

1 (1) $21,502,000,000 shall be available for renew2 als of expiring section 8 tenant-based annual con3 tributions contracts (including renewals of enhanced 

4 vouchers under any provision of law authorizing such 

5 assistance under section 8(t) of the Act) and includ6 ing renewal of other special purpose incremental 

7 vouchers: Provided, That notwithstanding any other 

8 provision of law, from amounts provided under this 

9 paragraph and any carryover, the Secretary for the 

10 calendar year 2020 funding cycle shall provide re11 newal funding for each public housing agency based 

12 on validated voucher management system (VMS) leas13 ing and cost data for the prior calendar year and by 

14 applying an inflation factor as established by the Sec15 retary, by notice published in the Federal Register, 

16 and by making any necessary adjustments for the 

17 costs associated with the first-time renewal of vouch18 ers under this paragraph including tenant protection 

19 and Choice Neighborhoods vouchers: Provided further, 

20 That none of the funds provided under this paragraph 

21 may be used to fund a total number of unit months 

22 under lease which exceeds a public housing agency’s 

23 authorized level of units under contract, except for 

24 public housing agencies participating in the MTW 

25 demonstration, which are instead governed by the 
1059 

•HR 1865 EAH 

1 terms and conditions of their MTW agreements: Pro2 vided further, That the Secretary shall, to the extent 

3 necessary to stay within the amount specified under 

4 this paragraph (except as otherwise modified under 

5 this paragraph), prorate each public housing agency’s 

6 allocation otherwise established pursuant to this para7 graph: Provided further, That except as provided in 

8 the following provisos, the entire amount specified 

9 under this paragraph (except as otherwise modified 

10 under this paragraph) shall be obligated to the public 

11 housing agencies based on the allocation and pro rata 

12 method described above, and the Secretary shall notify 

13 public housing agencies of their annual budget by the 

14 latter of 60 days after enactment of this Act or March 

15 1, 2020: Provided further, That the Secretary may ex16 tend the notification period with the prior written 

17 approval of the House and Senate Committees on Ap18 propriations: Provided further, That public housing 

19 agencies participating in the MTW demonstration 

20 shall be funded pursuant to their MTW agreements 

21 and shall be subject to the same pro rata adjustments 

22 under the previous provisos: Provided further, That 

23 the Secretary may offset public housing agencies’ cal24 endar year 2020 allocations based on the excess 

25 amounts of public housing agencies’ net restricted as-
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•HR 1865 EAH 

1 sets accounts, including HUD-held programmatic re2 serves (in accordance with VMS data in calendar 

3 year 2019 that is verifiable and complete), as deter4 mined by the Secretary: Provided further, That public 

5 housing agencies participating in the MTW dem6 onstration shall also be subject to the offset, as deter7 mined by the Secretary, excluding amounts subject to 

8 the single fund budget authority provisions of their 

9 MTW agreements, from the agencies’ calendar year 

10 2020 MTW funding allocation: Provided further, That 

11 the Secretary shall use any offset referred to in the 

12 previous two provisos throughout the calendar year to 

13 prevent the termination of rental assistance for fami14 lies as the result of insufficient funding, as deter15 mined by the Secretary, and to avoid or reduce the 

16 proration of renewal funding allocations: Provided 

17 further, That up to $100,000,000 shall be available 

18 only: (1) for adjustments in the allocations for public 

19 housing agencies, after application for an adjustment 

20 by a public housing agency that experienced a signifi21 cant increase, as determined by the Secretary, in re22 newal costs of vouchers resulting from unforeseen cir23 cumstances or from portability under section 8(r) of 

24 the Act; (2) for vouchers that were not in use during 

25 the previous 12-month period in order to be available 
1061 

•HR 1865 EAH 

1 to meet a commitment pursuant to section 8(o)(13) of 

2 the Act; (3) for adjustments for costs associated with 

3 HUD–Veterans Affairs Supportive Housing (HUD– 

4 VASH) vouchers; (4) for public housing agencies that 

5 despite taking reasonable cost savings measures, as 

6 determined by the Secretary, would otherwise be re7 quired to terminate rental assistance for families as 

8 a result of insufficient funding; (5) for adjustments in 

9 the allocations for public housing agencies that (i) are 

10 leasing a lower-than-average percentage of their au11 thorized vouchers, (ii) have low amounts of budget au12 thority in their net restricted assets accounts and 

13 HUD-held programmatic reserves, relative to other 

14 agencies, and (iii) are not participating in the Mov15 ing to Work demonstration, to enable such agencies to 

16 lease more vouchers; and (6) for public housing agen17 cies that have experienced increased costs or loss of 

18 units in an area for which the President declared a 

19 disaster under title IV of the Robert T. Stafford Dis20 aster Relief and Emergency Assistance Act (42 U.S.C. 

21 5170 et seq.): Provided further, That the Secretary 

22 shall allocate amounts under the previous proviso 

23 based on need, as determined by the Secretary; 

24 (2) $75,000,000 shall be for section 8 rental as25 sistance for relocation and replacement of housing 
1062 

•HR 1865 EAH 

1 units that are demolished or disposed of pursuant to 

2 section 18 of the Act, conversion of section 23 projects 

3 to assistance under section 8, the family unification 

4 program under section 8(x) of the Act, relocation of 

5 witnesses in connection with efforts to combat crime 

6 in public and assisted housing pursuant to a request 

7 from a law enforcement or prosecution agency, en8 hanced vouchers under any provision of law author9 izing such assistance under section 8(t) of the Act, 

10 Choice Neighborhood vouchers, mandatory and vol11 untary conversions, and tenant protection assistance 

12 including replacement and relocation assistance or for 

13 project-based assistance to prevent the displacement of 

14 unassisted elderly tenants currently residing in sec15 tion 202 properties financed between 1959 and 1974 

16 that are refinanced pursuant to Public Law 106–569, 

17 as amended, or under the authority as provided under 

18 this Act: Provided, That when a public housing devel19 opment is submitted for demolition or disposition 

20 under section 18 of the Act, the Secretary may pro21 vide section 8 rental assistance when the units pose 

22 an imminent health and safety risk to residents: Pro23 vided further, That the Secretary may only provide 

24 replacement vouchers for units that were occupied 

25 within the previous 24 months that cease to be avail-
1063 

•HR 1865 EAH 

1 able as assisted housing, subject only to the avail2 ability of funds: Provided further, That of the 

3 amounts made available under this paragraph, up to 

4 $5,000,000 may be available to provide tenant protec5 tion assistance, not otherwise provided under this 

6 paragraph, to residents residing in low vacancy areas 

7 and who may have to pay rents greater than 30 per8 cent of household income, as the result of: (A) the ma9 turity of a HUD-insured, HUD-held or section 202 

10 loan that requires the permission of the Secretary 

11 prior to loan prepayment; (B) the expiration of a 

12 rental assistance contract for which the tenants are 

13 not eligible for enhanced voucher or tenant protection 

14 assistance under existing law; or (C) the expiration of 

15 affordability restrictions accompanying a mortgage or 

16 preservation program administered by the Secretary: 

17 Provided further, That such tenant protection assist18 ance made available under the previous proviso may 

19 be provided under the authority of section 8(t) or sec20 tion 8(o)(13) of the United States Housing Act of 

21 1937 (42 U.S.C. 1437f(t)): Provided further, That the 

22 Secretary shall issue guidance to implement the pre23 vious provisos, including, but not limited to, require24 ments for defining eligible at-risk households within 

25 60 days of the enactment of this Act: Provided fur-
1064 

•HR 1865 EAH 

1 ther, That any tenant protection voucher made avail2 able from amounts under this paragraph shall not be 

3 reissued by any public housing agency, except the re4 placement vouchers as defined by the Secretary by no5 tice, when the initial family that received any such 

6 voucher no longer receives such voucher, and the au7 thority for any public housing agency to issue any 

8 such voucher shall cease to exist: Provided further, 

9 That the Secretary may provide section 8 rental as10 sistance from amounts made available under this 

11 paragraph for units assisted under a project-based 

12 subsidy contract funded under the ‘‘Project-Based 

13 Rental Assistance’’ heading under this title where the 

14 owner has received a Notice of Default and the units 

15 pose an imminent health and safety risk to residents: 

16 Provided further, That to the extent that the Secretary 

17 determines that such units are not feasible for contin18 ued rental assistance payments or transfer of the sub19 sidy contract associated with such units to another 

20 project or projects and owner or owners, any remain21 ing amounts associated with such units under such 

22 contract shall be recaptured and used to reimburse 

23 amounts used under this paragraph for rental assist24 ance under the preceding proviso; 
1065 

•HR 1865 EAH 

1 (3) $1,977,000,000 shall be for administrative 

2 and other expenses of public housing agencies in ad3 ministering the section 8 tenant-based rental assist4 ance program, of which up to $30,000,000 shall be 

5 available to the Secretary to allocate to public hous6 ing agencies that need additional funds to administer 

7 their section 8 programs, including fees associated 

8 with section 8 tenant protection rental assistance, the 

9 administration of disaster related vouchers, HUD– 

10 VASH vouchers, and other special purpose incre11 mental vouchers: Provided, That no less than 

12 $1,947,000,000 of the amount provided in this para13 graph shall be allocated to public housing agencies for 

14 the calendar year 2020 funding cycle based on section 

15 8(q) of the Act (and related Appropriation Act provi16 sions) as in effect immediately before the enactment 

17 of the Quality Housing and Work Responsibility Act 

18 of 1998 (Public Law 105–276): Provided further, 

19 That if the amounts made available under this para20 graph are insufficient to pay the amounts determined 

21 under the previous proviso, the Secretary may de22 crease the amounts allocated to agencies by a uniform 

23 percentage applicable to all agencies receiving fund24 ing under this paragraph or may, to the extent nec25 essary to provide full payment of amounts determined 
1066 

•HR 1865 EAH 

1 under the previous proviso, utilize unobligated bal2 ances, including recaptures and carryovers, remain3 ing from funds appropriated to the Department of 

4 Housing and Urban Development under this heading 

5 from prior fiscal years, excluding special purpose 

6 vouchers, notwithstanding the purposes for which such 

7 amounts were appropriated: Provided further, That 

8 all public housing agencies participating in the MTW 

9 demonstration shall be funded pursuant to their MTW 

10 agreements, and shall be subject to the same uniform 

11 percentage decrease as under the previous proviso: 

12 Provided further, That amounts provided under this 

13 paragraph shall be only for activities related to the 

14 provision of tenant-based rental assistance authorized 

15 under section 8, including related development activi16 ties; 

17 (4) $229,050,000 for the renewal of tenant-based 

18 assistance contracts under section 811 of the Cran19 ston-Gonzalez National Affordable Housing Act (42 

20 U.S.C. 8013), including necessary administrative ex21 penses: Provided, That administrative and other ex22 penses of public housing agencies in administering 

23 the special purpose vouchers in this paragraph shall 

24 be funded under the same terms and be subject to the 

25 same pro rata reduction as the percent decrease for 
1067 

•HR 1865 EAH 

1 administrative and other expenses to public housing 

2 agencies under paragraph (3) of this heading: Pro3 vided further, That upon turnover, section 811 special 

4 purpose vouchers funded under this heading in this or 

5 prior Acts, or under any other heading in prior Acts, 

6 shall be provided to non-elderly persons with disabil7 ities; 

8 (5) $1,000,000 shall be for rental assistance and 

9 associated administrative fees for Tribal HUD–VASH 

10 to serve Native American veterans that are homeless 

11 or at-risk of homelessness living on or near a reserva12 tion or other Indian areas: Provided, That such 

13 amount shall be made available for renewal grants to 

14 recipients that received assistance under prior Acts 

15 under the Tribal HUD–VASH program: Provided 

16 further, That the Secretary shall be authorized to 

17 specify criteria for renewal grants, including data on 

18 the utilization of assistance reported by grant recipi19 ents: Provided further, That such assistance shall be 

20 administered in accordance with program require21 ments under the Native American Housing Assistance 

22 and Self-Determination Act of 1996 and modeled 

23 after the HUD–VASH program: Provided further, 

24 That the Secretary shall be authorized to waive, or 

25 specify alternative requirements for any provision of 
1068 

•HR 1865 EAH 

1 any statute or regulation that the Secretary admin2 isters in connection with the use of funds made avail3 able under this paragraph (except for requirements 

4 related to fair housing, nondiscrimination, labor 

5 standards, and the environment), upon a finding by 

6 the Secretary that any such waivers or alternative re7 quirements are necessary for the effective delivery and 

8 administration of such assistance: Provided further, 

9 That grant recipients shall report to the Secretary on 

10 utilization of such rental assistance and other pro11 gram data, as prescribed by the Secretary: Provided 

12 further, That the Secretary may reallocate, as deter13 mined by the Secretary, amounts returned or recap14 tured from awards under prior Acts; 

15 (6) $40,000,000 for incremental rental voucher 

16 assistance for use through a supported housing pro17 gram administered in conjunction with the Depart18 ment of Veterans Affairs as authorized under section 

19 8(o)(19) of the United States Housing Act of 1937: 

20 Provided, That the Secretary of Housing and Urban 

21 Development shall make such funding available, not22 withstanding section 203 (competition provision) of 

23 this title, to public housing agencies that partner with 

24 eligible VA Medical Centers or other entities as des25 ignated by the Secretary of the Department of Vet-
1069 

•HR 1865 EAH 

1 erans Affairs, based on geographical need for such as2 sistance as identified by the Secretary of the Depart3 ment of Veterans Affairs, public housing agency ad4 ministrative performance, and other factors as speci5 fied by the Secretary of Housing and Urban Develop6 ment in consultation with the Secretary of the De7 partment of Veterans Affairs: Provided further, That 

8 the Secretary of Housing and Urban Development 

9 may waive, or specify alternative requirements for (in 

10 consultation with the Secretary of the Department of 

11 Veterans Affairs), any provision of any statute or reg12 ulation that the Secretary of Housing and Urban De13 velopment administers in connection with the use of 

14 funds made available under this paragraph (except 

15 for requirements related to fair housing, non16 discrimination, labor standards, and the environ17 ment), upon a finding by the Secretary that any such 

18 waivers or alternative requirements are necessary for 

19 the effective delivery and administration of such 

20 voucher assistance: Provided further, That assistance 

21 made available under this paragraph shall continue 

22 to remain available for homeless veterans upon turn23 over; 

24 (7) $25,000,000 shall be made available for the 

25 family unification program as authorized under sec-
1070 

•HR 1865 EAH 

1 tion 8(x) of the Act: Provided, That the amounts 

2 made available under this paragraph are provided as 

3 follows: 

4 (A) $5,000,000 shall be for new incremental 

5 voucher assistance: Provided, That the assistance 

6 made available under this subparagraph shall 

7 continue to remain available for family unifica8 tion upon turnover; and 

9 (B) $20,000,000 shall be for new incre10 mental voucher assistance to assist eligible youth 

11 as defined by such section 8(x)(2)(B): Provided, 

12 That assistance made available under this sub13 paragraph shall continue to remain available for 

14 such eligible youth upon turnover: Provided fur15 ther, That of the total amount made available 

16 under this subparagraph, up to $10,000,000 

17 shall be available on a noncompetitive basis to 

18 public housing agencies that partner with public 

19 child welfare agencies to identify such eligible 

20 youth, that request such assistance to timely as21 sist such eligible youth, and that meet any other 

22 criteria as specified by the Secretary: Provided 

23 further, That the Secretary shall review utiliza24 tion of the assistance made available under the 

25 previous proviso, at an interval to be determined 
1071 

•HR 1865 EAH 

1 by the Secretary, and unutilized voucher assist2 ance that is no longer needed shall be recaptured 

3 by the Secretary and reallocated pursuant to the 

4 previous proviso: 

5 Provided further, That for any public housing agency 

6 administering voucher assistance appropriated in a 

7 prior Act under the family unification program, or 

8 made available and competitively selected under this 

9 paragraph, that determines that it no longer has an 

10 identified need for such assistance upon turnover, 

11 such agency shall notify the Secretary, and the Sec12 retary shall recapture such assistance from the agency 

13 and reallocate it to any other public housing agency 

14 or agencies based on need for voucher assistance in 

15 connection with such specified program or eligible 

16 youth, as applicable; 

17 (8) $25,000,000 shall be made available for the 

18 mobility demonstration authorized under section 235 

19 of division G of the Consolidated Appropriations Act, 

20 2019 (42 U.S.C. 1437f note; Public Law 116–6; 133 

21 Stat. 465), of which up to $5,000,000 shall be for new 

22 incremental voucher assistance and the remainder of 

23 which shall be available to provide mobility-related 

24 services to families with children, including pre- and 

25 post-move counseling and rent deposits, and to offset 
1072 

•HR 1865 EAH 

1 the administrative costs of operating the mobility 

2 demonstration: Provided, That incremental voucher 

3 assistance made available under this paragraph shall 

4 be for families with children participating in the mo5 bility demonstration and shall continue to remain 

6 available for families with children upon turnover: 

7 Provided further, That for any public housing agency 

8 administering voucher assistance under the mobility 

9 demonstration that determines that it no longer has 

10 an identified need for such assistance upon turnover, 

11 such agency shall notify the Secretary, and the Sec12 retary shall recapture such assistance from the agency 

13 and reallocate it to any other public housing agency 

14 or agencies based on need for voucher assistance in 

15 connection with such demonstration; and 

16 (9) the Secretary shall separately track all spe17 cial purpose vouchers funded under this heading. 

18 HOUSING CERTIFICATE FUND

19 (INCLUDING RESCISSIONS)

20 Unobligated balances, including recaptures and carry21 over, remaining from funds appropriated to the Depart22 ment of Housing and Urban Development under this head23 ing, the heading ‘‘Annual Contributions for Assisted Hous24 ing’’ and the heading ‘‘Project-Based Rental Assistance’’, 

25 for fiscal year 2020 and prior years may be used for re-
1073 

•HR 1865 EAH 

1 newal of or amendments to section 8 project-based contracts 

2 and for performance-based contract administrators, not3 withstanding the purposes for which such funds were appro4 priated: Provided, That any obligated balances of contract 

5 authority from fiscal year 1974 and prior that have been 

6 terminated shall be rescinded: Provided further, That 

7 amounts heretofore recaptured, or recaptured during the 

8 current fiscal year, from section 8 project-based contracts 

9 from source years fiscal year 1975 through fiscal year 1987 

10 are hereby rescinded, and an amount of additional new 

11 budget authority, equivalent to the amount rescinded is 

12 hereby appropriated, to remain available until expended, 

13 for the purposes set forth under this heading, in addition 

14 to amounts otherwise available. 

15 PUBLIC HOUSING CAPITAL FUND

16 For the Public Housing Capital Fund Program to 

17 carry out capital and management activities for public 

18 housing agencies, as authorized under section 9 of the 

19 United States Housing Act of 1937 (42 U.S.C. 1437g) (the 

20 ‘‘Act’’) $2,869,893,812, to remain available until September 

21 30, 2023: Provided, That notwithstanding any other provi22 sion of law or regulation, during fiscal year 2020, the Sec23 retary of Housing and Urban Development may not dele24 gate to any Department official other than the Deputy Sec25 retary and the Assistant Secretary for Public and Indian 
1074 

•HR 1865 EAH 

1 Housing any authority under paragraph (2) of section 9(j) 

2 regarding the extension of the time periods under such sec3 tion: Provided further, That for purposes of such section 

4 9(j), the term ‘‘obligate’’ means, with respect to amounts, 

5 that the amounts are subject to a binding agreement that 

6 will result in outlays, immediately or in the future: Pro7 vided further, That of the total amount made available 

8 under this heading, up to $14,000,000 shall be to support 

9 ongoing public housing financial and physical assessment 

10 activities: Provided further, That of the total amount made 

11 available under this heading, up to $1,000,000 shall be to 

12 support the costs of administrative and judicial receiver13 ships: Provided further, That of the total amount provided 

14 under this heading, not to exceed $64,650,000 shall be avail15 able for the Secretary to make grants, notwithstanding sec16 tion 203 of this Act, to public housing agencies for emer17 gency capital needs including safety and security measures 

18 necessary to address crime and drug-related activity as well 

19 as needs resulting from unforeseen or unpreventable emer20 gencies and natural disasters excluding Presidentially de21 clared emergencies and natural disasters under the Robert 

22 T. Stafford Disaster Relief and Emergency Act (42 U.S.C. 

23 5121 et seq.) occurring in fiscal year 2020, of which 

24 $34,650,000 shall be available for public housing agencies 

25 under administrative and judicial receiverships or under 
1075 

•HR 1865 EAH 

1 the control of a Federal monitor: Provided further, That 

2 of the amount made available under the previous proviso, 

3 not less than $10,000,000 shall be for safety and security 

4 measures: Provided further, That in addition to the amount 

5 in the previous proviso for such safety and security meas6 ures, any amounts that remain available, after all applica7 tions received on or before September 30, 2021, for emer8 gency capital needs have been processed, shall be allocated 

9 to public housing agencies for such safety and security 

10 measures: Provided further, That for funds provided under 

11 this heading, the limitation in section 9(g)(1) of the Act 

12 shall be 25 percent: Provided further, That the Secretary 

13 may waive the limitation in the previous proviso to allow 

14 public housing agencies to fund activities authorized under 

15 section 9(e)(1)(C) of the Act: Provided further, That the Sec16 retary shall notify public housing agencies requesting waiv17 ers under the previous proviso if the request is approved 

18 or denied within 14 days of submitting the request: Pro19 vided further, That from the funds made available under 

20 this heading, the Secretary shall provide bonus awards in 

21 fiscal year 2020 to public housing agencies that are des22 ignated high performers: Provided further, That the Depart23 ment shall notify public housing agencies of their formula 

24 allocation within 60 days of enactment of this Act: Provided 

25 further, That of the total amount provided under this head-
1076 

•HR 1865 EAH 

1 ing, $45,000,000 shall be available for competitive grants 

2 to public housing agencies to evaluate and reduce lead-based 

3 paint hazards and other housing-related hazards including 

4 carbon monoxide and mold in public housing: Provided fur5 ther, That of the amounts available under the previous pro6 viso, no less than $25,000,000 shall be for competitive 

7 grants to public housing agencies to evaluate and reduce 

8 lead-based paint hazards in public housing by carrying out 

9 the activities of risk assessments, abatement, and interim 

10 controls (as those terms are defined in section 1004 of the 

11 Residential Lead-Based Paint Hazard Reduction Act of 

12 1992 (42 U.S.C. 4851b)): Provided further, That for pur13 poses of environmental review, a grant under the previous 

14 two provisos shall be considered funds for projects or activi15 ties under title I of the United States Housing Act of 1937 

16 (42 U.S.C. 1437 et seq.) for purposes of section 26 of such 

17 Act (42 U.S.C. 1437x) and shall be subject to the regulations 

18 implementing such section: Provided further, That for funds 

19 made available under the previous three provisos, the Sec20 retary shall allow a PHA to apply for up to 20 percent 

21 of the funds made available under the first two provisos 

22 and prioritize need when awarding grants. 

23 PUBLIC HOUSING OPERATING FUND

24 For 2020 payments to public housing agencies for the 

25 operation and management of public housing, as authorized 
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•HR 1865 EAH 

1 by section 9(e) of the United States Housing Act of 1937 

2 (42 U.S.C. 1437g(e)), $4,549,000,000, to remain available 

3 until September 30, 2021: Provided, That of the total 

4 amount available under this heading, $25,000,000 shall be 

5 available to the Secretary to allocate pursuant to a need6 based application process notwithstanding section 203 of 

7 this title and not subject to the Operating Fund formula 

8 at part 990 of title 24, Code of Federal Regulations to pub9 lic housing agencies that experience financial insolvency, 

10 as determined by the Secretary: Provided further, That after 

11 all such insolvency needs are met, the Secretary may dis12 tribute any remaining funds to all public housing agencies 

13 on a pro-rata basis pursuant to the Operating Fund for14 mula at part 990 of title 24, Code of Federal Regulations. 

15 CHOICE NEIGHBORHOODS INITIATIVE

16 For competitive grants under the Choice Neighborhoods 

17 Initiative (subject to section 24 of the United States Hous18 ing Act of 1937 (42 U.S.C. 1437v), unless otherwise speci19 fied under this heading), for transformation, rehabilitation, 

20 and replacement housing needs of both public and HUD21 assisted housing and to transform neighborhoods of poverty 

22 into functioning, sustainable mixed income neighborhoods 

23 with appropriate services, schools, public assets, transpor24 tation and access to jobs, $175,000,000, to remain available 

25 until September 30, 2022: Provided, That grant funds may 
1078 

•HR 1865 EAH 

1 be used for resident and community services, community 

2 development, and affordable housing needs in the commu3 nity, and for conversion of vacant or foreclosed properties 

4 to affordable housing: Provided further, That the use of 

5 funds made available under this heading shall not be 

6 deemed to be public housing notwithstanding section 3(b)(1) 

7 of such Act: Provided further, That grantees shall commit 

8 to an additional period of affordability determined by the 

9 Secretary of not fewer than 20 years: Provided further, That 

10 grantees shall provide a match in State, local, other Federal 

11 or private funds: Provided further, That grantees may in12 clude local governments, tribal entities, public housing au13 thorities, and nonprofits: Provided further, That for-profit 

14 developers may apply jointly with a public entity: Provided 

15 further, That for purposes of environmental review, a grant16 ee shall be treated as a public housing agency under section 

17 26 of the United States Housing Act of 1937 (42 U.S.C. 

18 1437x), and grants under this heading shall be subject to 

19 the regulations issued by the Secretary to implement such 

20 section: Provided further, That of the amount provided, not 

21 less than $87,500,000 shall be awarded to public housing 

22 agencies: Provided further, That such grantees shall create 

23 partnerships with other local organizations including as24 sisted housing owners, service agencies, and resident organi25 zations: Provided further, That the Secretary shall consult 
1079 

•HR 1865 EAH 

1 with the Secretaries of Education, Labor, Transportation, 

2 Health and Human Services, Agriculture, and Commerce, 

3 the Attorney General, and the Administrator of the Envi4 ronmental Protection Agency to coordinate and leverage 

5 other appropriate Federal resources: Provided further, That 

6 no more than $5,000,000 of funds made available under this 

7 heading may be provided as grants to undertake com8 prehensive local planning with input from residents and 

9 the community: Provided further, That unobligated bal10 ances, including recaptures, remaining from funds appro11 priated under the heading ‘‘Revitalization of Severely Dis12 tressed Public Housing (HOPE VI)’’ in fiscal year 2011 

13 and prior fiscal years may be used for purposes under this 

14 heading, notwithstanding the purposes for which such 

15 amounts were appropriated: Provided further, That the Sec16 retary shall issue the Notice of Funding Availability for 

17 funds made available under this heading no later than 90 

18 days after enactment of this Act: Provided further, That the 

19 Secretary shall make grant awards no later than one year 

20 from the date of enactment of this Act in such amounts that 

21 the Secretary determines: Provided further, That notwith22 standing section 24(o) of the United States Housing Act 

23 of 1937 (42 U.S.C. 1437v(o)), the Secretary may, until Sep24 tember 30, 2023, obligate any available unobligated bal-
1080 

•HR 1865 EAH 

1 ances made available under this heading in this, or any 

2 prior Act. 

3 SELF-SUFFICIENCY PROGRAMS

4 For activities and assistance related to Self-Sufficiency 

5 Programs, to remain available until September 30, 2023, 

6 $130,000,000: Provided, That the amounts made available 

7 under this heading are provided as follows: 

8 (1) $80,000,000 shall be for the Family Self-Suf9 ficiency program to support family self-sufficiency co10 ordinators under section 23 of the United States 

11 Housing Act of 1937 (42 U.S.C. 1437u), to promote 

12 the development of local strategies to coordinate the 

13 use of assistance under sections 8 and 9 of such Act 

14 with public and private resources, and enable eligible 

15 families to achieve economic independence and self16 sufficiency: Provided, That the Secretary may, by 

17 Federal Register notice, waive or specify alternative 

18 requirements under subsections (b)(3), (b)(4), (b)(5), 

19 or (c)(1) of section 23 of such Act in order to facili20 tate the operation of a unified self-sufficiency pro21 gram for individuals receiving assistance under dif22 ferent provisions of the Act, as determined by the Sec23 retary: Provided further, That owners of a privately 

24 owned multifamily property with a section 8 contract 

25 may voluntarily make a Family Self-Sufficiency pro-
1081 

•HR 1865 EAH 

1 gram available to the assisted tenants of such prop2 erty in accordance with procedures established by the 

3 Secretary: Provided further, That such procedures es4 tablished pursuant to the previous proviso shall per5 mit participating tenants to accrue escrow funds in 

6 accordance with section 23(d)(2) and shall allow own7 ers to use funding from residual receipt accounts to 

8 hire coordinators for their own Family Self-Suffi9 ciency program; 

10 (2) $35,000,000 shall be for the Resident Oppor11 tunity and Self-Sufficiency program to provide for 

12 supportive services, service coordinators, and con13 gregate services as authorized by section 34 of the 

14 United States Housing Act of 1937 (42 U.S.C. 1437z– 

15 6) and the Native American Housing Assistance and 

16 Self-Determination Act of 1996 (25 U.S.C. 4101 et 

17 seq.); and 

18 (3) $15,000,000 shall be for a Jobs-Plus initia19 tive, modeled after the Jobs-Plus demonstration: Pro20 vided, That funding provided under this paragraph 

21 shall be available for competitive grants to partner22 ships between public housing authorities, local work23 force investment boards established under section 107 

24 of the Workforce Innovation and Opportunity Act of 

25 2014 (29 U.S.C. 3122), and other agencies and orga-
1082 

•HR 1865 EAH 

1 nizations that provide support to help public housing 

2 residents obtain employment and increase earnings: 

3 Provided further, That applicants must demonstrate 

4 the ability to provide services to residents, partner 

5 with workforce investment boards, and leverage serv6 ice dollars: Provided further, That the Secretary may 

7 allow public housing agencies to request exemptions 

8 from rent and income limitation requirements under 

9 sections 3 and 6 of the United States Housing Act of 

10 1937 (42 U.S.C. 1437a, 1437d), as necessary to im11 plement the Jobs-Plus program, on such terms and 

12 conditions as the Secretary may approve upon a find13 ing by the Secretary that any such waivers or alter14 native requirements are necessary for the effective im15 plementation of the Jobs-Plus initiative as a vol16 untary program for residents: Provided further, That 

17 the Secretary shall publish by notice in the Federal 

18 Register any waivers or alternative requirements pur19 suant to the preceding proviso no later than 10 days 

20 before the effective date of such notice. 

21 NATIVE AMERICAN PROGRAMS

22 (INCLUDING TRANSFER OF FUNDS)

23 For activities and assistance authorized under title I 

24 of the Native American Housing Assistance and Self-Deter25 mination Act of 1996 (NAHASDA) (25 U.S.C. 4111 et 
1083 

•HR 1865 EAH 

1 seq.), title I of the Housing and Community Development 

2 Act of 1974 with respect to Indian tribes (42 U.S.C. 

3 5306(a)(1)), and related training and technical assistance, 

4 $825,000,000, to remain available until September 30, 

5 2024, unless otherwise specified: Provided, That the 

6 amounts made available under this heading are provided 

7 as follows: 

8 (1) $646,000,000 shall be available for the Native 

9 American Housing Block Grants program, as author10 ized under title I of NAHASDA: Provided, That, not11 withstanding NAHASDA, to determine the amount of 

12 the allocation under title I of such Act for each In13 dian tribe, the Secretary shall apply the formula 

14 under section 302 of such Act with the need compo15 nent based on single-race census data and with the 

16 need component based on multi-race census data, and 

17 the amount of the allocation for each Indian tribe 

18 shall be the greater of the two resulting allocation 

19 amounts: Provided further, That the Department will 

20 notify grantees of their formula allocation within 60 

21 days of the date of enactment of this Act; 

22 (2) $2,000,000 shall be available for the cost of 

23 guaranteed notes and other obligations, as authorized 

24 by title VI of NAHASDA: Provided, That such costs, 

25 including the costs of modifying such notes and other 
1084 

•HR 1865 EAH 

1 obligations, shall be as defined in section 502 of the 

2 Congressional Budget Act of 1974, as amended: Pro3 vided further, That these funds are available to sub4 sidize the total principal amount of any notes and 

5 other obligations, any part of which is to be guaran6 teed, not to exceed $32,000,000; 

7 (3) $100,000,000 shall be available for competi8 tive grants under the Native American Housing Block 

9 Grants program, as authorized under title I of 

10 NAHASDA: Provided, That the Secretary shall obli11 gate this additional amount for competitive grants to 

12 eligible recipients authorized under NAHASDA that 

13 apply for funds: Provided further, That in awarding 

14 this additional amount, the Secretary shall consider 

15 need and administrative capacity, and shall give pri16 ority to projects that will spur construction and reha17 bilitation: Provided further, That a grant funded pur18 suant to this paragraph shall be not greater than 

19 $10,000,000: Provided further, That up to 1 percent 

20 of this additional amount may be transferred, in ag21 gregate, to ‘‘Program Offices—Public and Indian 

22 Housing’’ for necessary costs of administering and 

23 overseeing the obligation and expenditure of this addi24 tional amount and of additional amounts provided in 

25 prior years, to remain available until September 30, 
1085 

•HR 1865 EAH 

1 2025: Provided further, That any funds transferred 

2 pursuant to the previous proviso in prior Acts may 

3 also be used for the purposes described in the previous 

4 proviso; 

5 (4) $70,000,000 shall be available for grants to 

6 Indian tribes for carrying out the Indian Community 

7 Development Block Grant program under title I of the 

8 Housing and Community Development Act of 1974, 

9 notwithstanding section 106(a)(1) of such Act, of 

10 which, notwithstanding any other provision of law 

11 (including section 203 of this Act), up to $4,000,000 

12 may be used for emergencies that constitute imminent 

13 threats to health and safety: Provided, That not to ex14 ceed 20 percent of any grant made with funds appro15 priated under this paragraph shall be expended for 

16 planning and management development and adminis17 tration: Provided further, That funds provided under 

18 this paragraph shall remain available until Sep19 tember 30, 2022; and 

20 (5) $7,000,000 shall be available for providing 

21 training and technical assistance to Indian tribes, In22 dian housing authorities and tribally designated 

23 housing entities, to support the inspection of Indian 

24 housing units, contract expertise, and for training 

25 and technical assistance related to funding provided 
1086 

•HR 1865 EAH 

1 under this heading and other headings under this Act 

2 for the needs of Native American families and Indian 

3 country: Provided, That of the funds made available 

4 under this paragraph, not less than $2,000,000 shall 

5 be available for a national organization as authorized 

6 under section 703 of NAHASDA (25 U.S.C. 4212): 

7 Provided further, That amounts made available under 

8 this paragraph may be used, contracted, or competed 

9 as determined by the Secretary: Provided further, 

10 That notwithstanding the provisions of the Federal 

11 Grant and Cooperative Agreements Act of 1977 (31 

12 U.S.C. 6301–6308), the amounts made available 

13 under this paragraph may be used by the Secretary 

14 to enter into cooperative agreements with public and 

15 private organizations, agencies, institutions, and 

16 other technical assistance providers to support the ad17 ministration of negotiated rulemaking under section 

18 106 of NAHASDA (25 U.S.C. 4116), the administra19 tion of the allocation formula under section 302 of 

20 NAHASDA (25 U.S.C. 4152), and the administration 

21 of performance tracking and reporting under section 

22 407 of NAHASDA (25 U.S.C. 4167): Provided fur23 ther, That of the funds made available under this 

24 paragraph, not more than $1,000,000 shall be avail25 able to support utilization, outreach, and capacity 
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1 building with tribes and tribal housing organizations 

2 for the Tribal HUD-VASH program. 

3 INDIAN HOUSING LOAN GUARANTEE FUND PROGRAM

4 ACCOUNT

5 For the cost of guaranteed loans, as authorized by sec6 tion 184 of the Housing and Community Development Act 

7 of 1992 (12 U.S.C. 1715z–13a), $1,100,000, to remain 

8 available until expended: Provided, That such costs, includ9 ing the costs of modifying such loans, shall be as defined 

10 in section 502 of the Congressional Budget Act of 1974: Pro11 vided further, That an additional $500,000, to remain 

12 available until expended, shall be available for administra13 tive contract expenses including management processes to 

14 carry out the loan guarantee program: Provided further, 

15 That the Secretary may subsidize total loan principal, any 

16 part of which is to be guaranteed, up to $1,000,000,000, 

17 to remain available until expended: Provided further, That 

18 for any unobligated balances (including amounts of uncom19 mitted limitation) remaining from amounts made available 

20 under this heading in Public Law 115–31, Public Law 

21 115–141, and Public Law 116–6, and for any recaptures 

22 occurring in fiscal year 2019 or in future fiscal years of 

23 amounts made available under this heading in prior fiscal 

24 years, the second proviso of each such heading shall be ap-
1088 

•HR 1865 EAH 

1 plied as if ‘‘these funds are available to’’ was struck and 

2 ‘‘the Secretary may’’ was inserted in its place. 

3 NATIVE HAWAIIAN HOUSING BLOCK GRANT

4 For the Native Hawaiian Housing Block Grant pro5 gram, as authorized under title VIII of the Native American 

6 Housing Assistance and Self-Determination Act of 1996 (25 

7 U.S.C. 4111 et seq.), $2,000,000, to remain available until 

8 September 30, 2024: Provided, That notwithstanding sec9 tion 812(b) of such Act, the Department of Hawaiian Home 

10 Lands may not invest grant amounts provided under this 

11 heading in investment securities and other obligations: Pro12 vided further, That amounts made available under this 

13 heading in this and prior fiscal years may be used to pro14 vide rental assistance to eligible Native Hawaiian families 

15 both on and off the Hawaiian Home Lands, notwith16 standing any other provision of law. 

17 COMMUNITY PLANNING AND DEVELOPMENT

18 HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS

19 For carrying out the Housing Opportunities for Per20 sons with AIDS program, as authorized by the AIDS Hous21 ing Opportunity Act (42 U.S.C. 12901 et seq.), 

22 $410,000,000, to remain available until September 30, 

23 2021, except that amounts allocated pursuant to section 

24 854(c)(5) of such Act shall remain available until Sep25 tember 30, 2022: Provided, That the Secretary shall renew 
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•HR 1865 EAH 

1 all expiring contracts for permanent supportive housing 

2 that initially were funded under section 854(c)(5) of such 

3 Act from funds made available under this heading in fiscal 

4 year 2010 and prior fiscal years that meet all program re5 quirements before awarding funds for new contracts under 

6 such section: Provided further, That the Department shall 

7 notify grantees of their formula allocation within 60 days 

8 of enactment of this Act. 

9 COMMUNITY DEVELOPMENT FUND

10 For carrying out the community development block 

11 grant program under title I of the Housing and Community 

12 Development Act of 1974, as amended (42 U.S.C. 5301 et 

13 seq.)(‘‘the Act’’ herein), $3,425,000,000, to remain available 

14 until September 30, 2022, unless otherwise specified: Pro15 vided, That unless explicitly provided for under this head16 ing, not to exceed 20 percent of any grant made with funds 

17 appropriated under this heading shall be expended for plan18 ning and management development and administration: 

19 Provided further, That a metropolitan city, urban county, 

20 unit of general local government, or insular area that di21 rectly or indirectly receives funds under this heading may 

22 not sell, trade, or otherwise transfer all or any portion of 

23 such funds to another such entity in exchange for any other 

24 funds, credits or non-Federal considerations, but must use 

25 such funds for activities eligible under title I of the Act: 
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•HR 1865 EAH 

1 Provided further, That notwithstanding section 105(e)(1) of 

2 the Act, no funds provided under this heading may be pro3 vided to a for-profit entity for an economic development 

4 project under section 105(a)(17) unless such project has 

5 been evaluated and selected in accordance with guidelines 

6 required under subsection (e)(2): Provided further, That of 

7 the total amount provided under this heading, $25,000,000 

8 shall be for activities authorized under section 8071 of the 

9 SUPPORT for Patients and Communities Act (Public Law 

10 115–271): Provided further, That the funds allocated pursu11 ant to the previous proviso shall not adversely affect the 

12 amount of any formula assistance received by a State under 

13 this heading: Provided further, That the Secretary shall al14 locate the funds for such activities based on the percentages 

15 shown in Table 1 of the Notice establishing the funding for16 mula published in 84 FR 16027 (April 17, 2019): Provided 

17 further, That the Department shall notify grantees of their 

18 formula allocation within 60 days of enactment of this Act. 

19 COMMUNITY DEVELOPMENT LOAN GUARANTEES PROGRAM

20 ACCOUNT

21 Subject to section 502 of the Congressional Budget Act 

22 of 1974, during fiscal year 2020, commitments to guarantee 

23 loans under section 108 of the Housing and Community 

24 Development Act of 1974 (42 U.S.C. 5308), any part of 

25 which is guaranteed, shall not exceed a total principal 
1091 

•HR 1865 EAH 

1 amount of $300,000,000, notwithstanding any aggregate 

2 limitation on outstanding obligations guaranteed in sub3 section (k) of such section 108: Provided, That the Secretary 

4 shall collect fees from borrowers, notwithstanding subsection 

5 (m) of such section 108, to result in a credit subsidy cost 

6 of zero for guaranteeing such loans, and any such fees shall 

7 be collected in accordance with section 502(7) of the Con8 gressional Budget Act of 1974: Provided further, That such 

9 commitment authority funded by fees may be used to guar10 antee, or make commitments to guarantee, notes or other 

11 obligations issued by any State on behalf of non-entitlement 

12 communities in the State in accordance with the require13 ments of such section 108: Provided further, That any State 

14 receiving such a guarantee or commitment under the pre15 vious proviso shall distribute all funds subject to such guar16 antee to the units of general local government in nonentitle17 ment areas that received the commitment. 

18 HOME INVESTMENT PARTNERSHIPS PROGRAM

19 For the HOME Investment Partnerships program, as 

20 authorized under title II of the Cranston-Gonzalez National 

21 Affordable Housing Act, as amended, $1,350,000,000, to re22 main available until September 30, 2023: Provided, That 

23 notwithstanding the amount made available under this 

24 heading, the threshold reduction requirements in sections 

25 216(10) and 217(b)(4) of such Act shall not apply to alloca-
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•HR 1865 EAH 

1 tions of such amount: Provided further, That the Depart2 ment shall notify grantees of their formula allocation with3 in 60 days of enactment of this Act: Provided further, That 

4 section 218(g) of such Act (42 U.S.C. 12748(g)) shall not 

5 apply with respect to the right of a jurisdiction to draw 

6 funds from its HOME Investment Trust Fund that other7 wise expired or would expire in 2016, 2017, 2018, 2019, 

8 2020, 2021, or 2022 under that section: Provided further, 

9 That section 231(b) of such Act (42 U.S.C. 12771(b)) shall 

10 not apply to any uninvested funds that otherwise were de11 ducted or would be deducted from the line of credit in the 

12 participating jurisdiction’s HOME Investment Trust Fund 

13 in 2018, 2019, 2020, 2021, or 2022 under that section. 

14 SELF-HELP AND ASSISTED HOMEOWNERSHIP OPPORTUNITY

15 PROGRAM

16 For the Self-Help and Assisted Homeownership Op17 portunity Program, as authorized under section 11 of the 

18 Housing Opportunity Program Extension Act of 1996, as 

19 amended, $55,000,000, to remain available until September 

20 30, 2022: Provided, That of the total amount provided 

21 under this heading, $10,000,000 shall be made available to 

22 the Self-Help Homeownership Opportunity Program as au23 thorized under section 11 of the Housing Opportunity Pro24 gram Extension Act of 1996, as amended: Provided further, 

25 That of the total amount provided under this heading, 
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•HR 1865 EAH 

1 $36,000,000 shall be made available for the second, third, 

2 and fourth capacity building activities authorized under 

3 section 4(a) of the HUD Demonstration Act of 1993 (42 

4 U.S.C. 9816 note), of which not less than $5,000,000 shall 

5 be made available for rural capacity building activities: 

6 Provided further, That of the total amount provided under 

7 this heading, $5,000,000 shall be made available for capac8 ity building by national rural housing organizations with 

9 experience assessing national rural conditions and pro10 viding financing, training, technical assistance, informa11 tion, and research to local nonprofits, local governments, 

12 and Indian Tribes serving high need rural communities: 

13 Provided further, That of the total amount provided under 

14 this heading, $4,000,000, shall be made available for a pro15 gram to rehabilitate and modify the homes of disabled or 

16 low-income veterans, as authorized under section 1079 of 

17 Public Law 113–291: Provided further, That funds pro18 vided under the previous proviso shall be awarded within 

19 180 days of enactment of this Act. 

20 HOMELESS ASSISTANCE GRANTS

21 For the Emergency Solutions Grants program as au22 thorized under subtitle B of title IV of the McKinney-Vento 

23 Homeless Assistance Act, as amended; the Continuum of 

24 Care program as authorized under subtitle C of title IV of 

25 such Act; and the Rural Housing Stability Assistance pro-
1094 

•HR 1865 EAH 

1 gram as authorized under subtitle D of title IV of such Act 

2 $2,777,000,000, to remain available until September 30, 

3 2022: Provided further, That not less than $290,000,000 of 

4 the funds appropriated under this heading shall be avail5 able for such Emergency Solutions Grants program: Pro6 vided further, That not less than $2,350,000,000 of the 

7 funds appropriated under this heading shall be available 

8 for such Continuum of Care and Rural Housing Stability 

9 Assistance programs: Provided further, That of the amounts 

10 made available under this heading, up to $50,000,000 shall 

11 be made available for grants for rapid re-housing projects 

12 and supportive service projects providing coordinated entry, 

13 and for eligible activities the Secretary determines to be 

14 critical in order to assist survivors of domestic violence, dat15 ing violence, sexual assault, or stalking: Provided further, 

16 That such projects shall be eligible for renewal under the 

17 continuum of care program subject to the same terms and 

18 conditions as other renewal applicants: Provided further, 

19 That up to $7,000,000 of the funds appropriated under this 

20 heading shall be available for the national homeless data 

21 analysis project: Provided further, That for all match re22 quirements applicable to funds made available under this 

23 heading for this fiscal year and prior fiscal years, a grantee 

24 may use (or could have used) as a source of match funds 

25 other funds administered by the Secretary and other Fed-
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•HR 1865 EAH 

1 eral agencies unless there is (or was) a specific statutory 

2 prohibition on any such use of any such funds: Provided 

3 further, That none of the funds provided under this heading 

4 shall be available to provide funding for new projects, except 

5 for projects created through reallocation, unless the Sec6 retary determines that the continuum of care has dem7 onstrated that projects are evaluated and ranked based on 

8 the degree to which they improve the continuum of care’s 

9 system performance: Provided further, That the Secretary 

10 shall prioritize funding under the Continuum of Care pro11 gram to continuums of care that have demonstrated a ca12 pacity to reallocate funding from lower performing projects 

13 to higher performing projects: Provided further, That the 

14 Secretary shall provide incentives to create projects that co15 ordinate with housing providers and healthcare organiza16 tions to provide permanent supportive housing and rapid 

17 rehousing services: Provided further, That any unobligated 

18 amounts remaining from funds appropriated under this 

19 heading in fiscal year 2012 and prior years for project20 based rental assistance for rehabilitation projects with 10- 

21 year grant terms may be used for purposes under this head22 ing, notwithstanding the purposes for which such funds 

23 were appropriated: Provided further, That all balances for 

24 Shelter Plus Care renewals previously funded from the Shel25 ter Plus Care Renewal account and transferred to this ac-
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•HR 1865 EAH 

1 count shall be available, if recaptured, for Continuum of 

2 Care renewals in fiscal year 2020: Provided further, That 

3 the Department shall notify grantees of their formula allo4 cation from amounts allocated (which may represent initial 

5 or final amounts allocated) for the Emergency Solutions 

6 Grant program within 60 days of enactment of this Act: 

7 Provided further, That up to $80,000,000 of the funds ap8 propriated under this heading shall be to implement 

9 projects to demonstrate how a comprehensive approach to 

10 serving homeless youth, age 24 and under, in up to 25 com11 munities with a priority for communities with substantial 

12 rural populations in up to eight locations, can dramatically 

13 reduce youth homelessness: Provided further, That of the 

14 amount made available under the previous proviso, up to 

15 $10,000,000 shall be available to provide technical assist16 ance on improving system responses to youth homelessness, 

17 and collection, analysis, use, and reporting of data and per18 formance measures under the comprehensive approaches to 

19 serve homeless youth, in addition to and in coordination 

20 with other technical assistance funds provided under this 

21 title: Provided further, That the Secretary may use up to 

22 10 percent of the amount made available under the previous 

23 proviso to build the capacity of current technical assistance 

24 providers or to train new technical assistance providers 

25 with verifiable prior experience with systems and programs 
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•HR 1865 EAH 

1 for youth experiencing homelessness: Provided further, That 

2 amounts made available for the Continuum of Care pro3 gram under this heading in this and prior Acts may be 

4 used to competitively or non-competitively renew or replace 

5 grants for youth homeless demonstration projects under the 

6 Continuum of Care program, notwithstanding any conflict 

7 with the requirements of the Continuum of Care program: 

8 Provided further, That youth aged 24 and under seeking 

9 assistance under this heading shall not be required to pro10 vide third party documentation to establish their eligibility 

11 under 42 U.S.C. 11302(a) or (b) to receive services: Pro12 vided further, That unaccompanied youth aged 24 and 

13 under or families headed by youth aged 24 and under who 

14 are living in unsafe situations may be served by youth-serv15 ing providers funded under this heading: Provided further, 

16 That persons eligible under section 103(a)(5) of the McKin17 ney-Vento Homeless Assistance Act may be served by any 

18 project funded under this heading to provide both transi19 tional housing and rapid re-housing: Provided further, 

20 That when awarding funds under the Continuum of Care 

21 program, the Secretary shall not deviate from the FY 2018 

22 Notice of Funding Availability with respect to the tier 2 

23 funding process, the Continuum of Care application scor24 ing, and for new projects, the project quality threshold re25 quirements, except as otherwise provided under this Act or 
1098 

•HR 1865 EAH 

1 as necessary to award all available funds or consider the 

2 most recent data from each Continuum of Care. 

3 HOUSING PROGRAMS

4 PROJECT-BASED RENTAL ASSISTANCE

5 For activities and assistance for the provision of 

6 project-based subsidy contracts under the United States 

7 Housing Act of 1937 (42 U.S.C. 1437 et seq.) (‘‘the Act’’), 

8 not otherwise provided for, $12,170,000,000, to remain 

9 available until expended, shall be available on October 1, 

10 2019 (in addition to the $400,000,000 previously appro11 priated under this heading that became available October 

12 1, 2019), and $400,000,000, to remain available until ex13 pended, shall be available on October 1, 2020: Provided, 

14 That the amounts made available under this heading shall 

15 be available for expiring or terminating section 8 project16 based subsidy contracts (including section 8 moderate reha17 bilitation contracts), for amendments to section 8 project18 based subsidy contracts (including section 8 moderate reha19 bilitation contracts), for contracts entered into pursuant to 

20 section 441 of the McKinney-Vento Homeless Assistance Act 

21 (42 U.S.C. 11401), for renewal of section 8 contracts for 

22 units in projects that are subject to approved plans of action 

23 under the Emergency Low Income Housing Preservation 

24 Act of 1987 or the Low-Income Housing Preservation and 

25 Resident Homeownership Act of 1990, and for administra-
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•HR 1865 EAH 

1 tive and other expenses associated with project-based activi2 ties and assistance funded under this paragraph: Provided 

3 further, That of the total amounts provided under this head4 ing, not to exceed $345,000,000 shall be available for per5 formance-based contract administrators for section 8 

6 project-based assistance, for carrying out 42 U.S.C. 1437(f): 

7 Provided further, That the Secretary may also use such 

8 amounts in the previous proviso for performance-based con9 tract administrators for the administration of: interest re10 duction payments pursuant to section 236(a) of the Na11 tional Housing Act (12 U.S.C. 1715z–1(a)); rent supple12 ment payments pursuant to section 101 of the Housing and 

13 Urban Development Act of 1965 (12 U.S.C. 1701s); section 

14 236(f)(2) rental assistance payments (12 U.S.C. 1715z– 

15 1(f)(2)); project rental assistance contracts for the elderly 

16 under section 202(c)(2) of the Housing Act of 1959 (12 

17 U.S.C. 1701q); project rental assistance contracts for sup18 portive housing for persons with disabilities under section 

19 811(d)(2) of the Cranston-Gonzalez National Affordable 

20 Housing Act (42 U.S.C. 8013(d)(2)); project assistance con21 tracts pursuant to section 202(h) of the Housing Act of 1959 

22 (Public Law 86–372; 73 Stat. 667); and loans under section 

23 202 of the Housing Act of 1959 (Public Law 86–372; 73 

24 Stat. 667): Provided further, That amounts recaptured 

25 under this heading, the heading ‘‘Annual Contributions for 
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•HR 1865 EAH 

1 Assisted Housing’’, or the heading ‘‘Housing Certificate 

2 Fund’’, may be used for renewals of or amendments to sec3 tion 8 project-based contracts or for performance-based con4 tract administrators, notwithstanding the purposes for 

5 which such amounts were appropriated: Provided further, 

6 That, notwithstanding any other provision of law, upon the 

7 request of the Secretary, project funds that are held in resid8 ual receipts accounts for any project subject to a section 

9 8 project-based Housing Assistance Payments contract that 

10 authorizes HUD or a Housing Finance Agency to require 

11 that surplus project funds be deposited in an interest-bear12 ing residual receipts account and that are in excess of an 

13 amount to be determined by the Secretary, shall be remitted 

14 to the Department and deposited in this account, to be 

15 available until expended: Provided further, That amounts 

16 deposited pursuant to the previous proviso shall be available 

17 in addition to the amount otherwise provided by this head18 ing for uses authorized under this heading. 

19 HOUSING FOR THE ELDERLY

20 For capital advances, including amendments to cap21 ital advance contracts, for housing for the elderly, as au22 thorized by section 202 of the Housing Act of 1959, as 

23 amended, for project rental assistance for the elderly under 

24 section 202(c)(2) of such Act, including amendments to con25 tracts for such assistance and renewal of expiring contracts 
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1 for such assistance for up to a 1-year term, for senior pres2 ervation rental assistance contracts, including renewals, as 

3 authorized by section 811(e) of the American Housing and 

4 Economic Opportunity Act of 2000, as amended, and for 

5 supportive services associated with the housing, 

6 $793,000,000, to remain available until September 30, 

7 2023: Provided, That of the amount provided under this 

8 heading, up to $100,000,000 shall be for service coordina9 tors and the continuation of existing congregate service 

10 grants for residents of assisted housing projects: Provided 

11 further, That amounts under this heading shall be available 

12 for Real Estate Assessment Center inspections and inspec13 tion-related activities associated with section 202 projects: 

14 Provided further, That the Secretary may waive the provi15 sions of section 202 governing the terms and conditions of 

16 project rental assistance, except that the initial contract 

17 term for such assistance shall not exceed 5 years in dura18 tion: Provided further, That upon request of the Secretary, 

19 project funds that are held in residual receipts accounts for 

20 any project subject to a section 202 project rental assistance 

21 contract, and that upon termination of such contract are 

22 in excess of an amount to be determined by the Secretary, 

23 shall be remitted to the Department and deposited in this 

24 account, to remain available until September 30, 2023: Pro25 vided further, That amounts deposited in this account pur-
1102 

•HR 1865 EAH 

1 suant to the previous proviso shall be available, in addition 

2 to the amounts otherwise provided by this heading, for the 

3 purposes authorized under this heading: Provided further, 

4 That unobligated balances, including recaptures and carry5 over, remaining from funds transferred to or appropriated 

6 under this heading shall be available for the current pur7 poses authorized under this heading in addition to the pur8 poses for which such funds originally were appropriated: 

9 Provided further, That of the total amount provided under 

10 this heading, $10,000,000 shall be for a program to be estab11 lished by the Secretary to make grants to experienced non12 profit organizations, States, local governments, or public 

13 housing agencies for safety and functional home modifica14 tion repairs to meet the needs of low-income elderly home15 owners to enable them to remain in their primary residence: 

16 Provided further, That of the total amount made available 

17 under the previous proviso, no less than $5,000,000 shall 

18 be available to meet such needs in communities with sub19 stantial rural populations: Provided further, That bene20 ficiaries of the grant assistance provided in the previous 

21 two provisos under this heading in the Department of Hous22 ing and Urban Development Appropriations Act, 2019 

23 (Public Law 116–6) shall be homeowners. 
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•HR 1865 EAH 

1 HOUSING FOR PERSONS WITH DISABILITIES

2 For capital advances, including amendments to cap3 ital advance contracts, for supportive housing for persons 

4 with disabilities, as authorized by section 811 of the Cran5 ston-Gonzalez National Affordable Housing Act (42 U.S.C. 

6 8013), as amended, for project rental assistance for sup7 portive housing for persons with disabilities under section 

8 811(d)(2) of such Act, for project assistance contracts pursu9 ant to section 202(h) of the Housing Act of 1959 (Public 

10 Law 86–372; 73 Stat. 667), including amendments to con11 tracts for such assistance and renewal of expiring contracts 

12 for such assistance for up to a 1-year term, for project rent13 al assistance to State housing finance agencies and other 

14 appropriate entities as authorized under section 811(b)(3) 

15 of the Cranston-Gonzalez National Housing Act, and for 

16 supportive services associated with the housing for persons 

17 with disabilities as authorized by section 811(b)(1) of such 

18 Act, $202,000,000, to remain available until September 30, 

19 2023: Provided, That amounts made available under this 

20 heading shall be available for Real Estate Assessment Cen21 ter inspections and inspection-related activities associated 

22 with section 811 projects: Provided further, That, upon the 

23 request of the Secretary, project funds that are held in resid24 ual receipts accounts for any project subject to a section 

25 811 project rental assistance contract, and that upon termi-
1104 

•HR 1865 EAH 

1 nation of such contract are in excess of an amount to be 

2 determined by the Secretary, shall be remitted to the De3 partment and deposited in this account, to remain available 

4 until September 30, 2023: Provided further, That amounts 

5 deposited in this account pursuant to the previous proviso 

6 shall be available in addition to the amounts otherwise pro7 vided by this heading for the purposes authorized under this 

8 heading: Provided further, That unobligated balances, in9 cluding recaptures and carryover, remaining from funds 

10 transferred to or appropriated under this heading shall be 

11 used for the current purposes authorized under this heading 

12 in addition to the purposes for which such funds originally 

13 were appropriated. 

14 HOUSING COUNSELING ASSISTANCE

15 For contracts, grants, and other assistance excluding 

16 loans, as authorized under section 106 of the Housing and 

17 Urban Development Act of 1968, as amended, $53,000,000, 

18 to remain available until September 30, 2021, including 

19 up to $4,500,000 for administrative contract services and 

20 up to $3,000,000 for the certification of housing counselors 

21 as required under 12 U.S.C. 1701x: Provided, That grants 

22 made available from amounts provided under this heading 

23 shall be awarded within 180 days of enactment of this Act: 

24 Provided further, That funds shall be used for providing 

25 counseling and advice to tenants and homeowners, both cur-
1105 

•HR 1865 EAH 

1 rent and prospective, with respect to property maintenance, 

2 financial management or literacy, and such other matters 

3 as may be appropriate to assist them in improving their 

4 housing conditions, meeting their financial needs, and ful5 filling the responsibilities of tenancy or homeownership; for 

6 program administration; and for housing counselor train7 ing: Provided further, That for purposes of providing such 

8 grants from amounts provided under this heading, the Sec9 retary may enter into multiyear agreements, as appro10 priate, subject to the availability of annual appropriations. 

11 RENTAL HOUSING ASSISTANCE

12 For amendments to contracts under section 236(f)(2) 

13 of the National Housing Act (12 U.S.C. 1715z–1) in State14 aided, noninsured rental housing projects, $3,000,000, to re15 main available until expended: Provided, That such 

16 amount, together with unobligated balances from recaptured 

17 amounts appropriated prior to fiscal year 2006 from termi18 nated contracts under such section of law, and any unobli19 gated balances, including recaptures and carryover, re20 maining from funds appropriated under this heading after 

21 fiscal year 2005, shall also be available for extensions of 

22 up to one year for expiring contracts under such section 

23 of law. 
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•HR 1865 EAH 

1 PAYMENT TO MANUFACTURED HOUSING FEES TRUST FUND

2 For necessary expenses as authorized by the National 

3 Manufactured Housing Construction and Safety Standards 

4 Act of 1974 (42 U.S.C. 5401 et seq.), up to $13,000,000, 

5 to remain available until expended, of which $13,000,000 

6 is to be derived from the Manufactured Housing Fees Trust 

7 Fund: Provided, That not to exceed the total amount appro8 priated under this heading shall be available from the gen9 eral fund of the Treasury to the extent necessary to incur 

10 obligations and make expenditures pending the receipt of 

11 collections to the Fund pursuant to section 620 of such Act: 

12 Provided further, That the amount made available under 

13 this heading from the general fund shall be reduced as such 

14 collections are received during fiscal year 2020 so as to re15 sult in a final fiscal year 2020 appropriation from the gen16 eral fund estimated at zero, and fees pursuant to such sec17 tion 620 shall be modified as necessary to ensure such a 

18 final fiscal year 2020 appropriation: Provided further, 

19 That the Secretary of Housing and Urban Development 

20 shall issue a final rule to complete rulemaking initiated by 

21 the proposed rule entitled ‘‘Manufactured Housing Pro22 gram: Minimum Payments to the States’’ published in the 

23 Federal Register on December 16, 2016 (81 Fed. Reg. 

24 91083): Provided further, That for the dispute resolution 

25 and installation programs, the Secretary may assess and 
1107 

•HR 1865 EAH 

1 collect fees from any program participant: Provided further, 

2 That such collections shall be deposited into the Fund, and 

3 the Secretary, as provided herein, may use such collections, 

4 as well as fees collected under section 620, for necessary ex5 penses of such Act: Provided further, That, notwithstanding 

6 the requirements of section 620 of such Act, the Secretary 

7 may carry out responsibilities of the Secretary under such 

8 Act through the use of approved service providers that are 

9 paid directly by the recipients of their services. 

10 FEDERAL HOUSING ADMINISTRATION

11 MUTUAL MORTGAGE INSURANCE PROGRAM ACCOUNT

12 New commitments to guarantee single family loans in13 sured under the Mutual Mortgage Insurance Fund shall not 

14 exceed $400,000,000,000, to remain available until Sep15 tember 30, 2021: Provided, That during fiscal year 2020, 

16 obligations to make direct loans to carry out the purposes 

17 of section 204(g) of the National Housing Act, as amended, 

18 shall not exceed $1,000,000: Provided further, That the fore19 going amount in the previous proviso shall be for loans to 

20 nonprofit and governmental entities in connection with 

21 sales of single family real properties owned by the Secretary 

22 and formerly insured under the Mutual Mortgage Insurance 

23 Fund: Provided further, That for administrative contract 

24 expenses of the Federal Housing Administration, 

25 $130,000,000, to remain available until September 30, 
1108 

•HR 1865 EAH 

1 2021: Provided further, That to the extent guaranteed loan 

2 commitments exceed $200,000,000,000 on or before April 1, 

3 2020, an additional $1,400 for administrative contract ex4 penses shall be available for each $1,000,000 in additional 

5 guaranteed loan commitments (including a pro rata 

6 amount for any amount below $1,000,000), but in no case 

7 shall funds made available by this proviso exceed 

8 $30,000,000: Provided further, That notwithstanding the 

9 limitation in the first sentence of section 255(g) of the Na10 tional Housing Act (12 U.S.C. 1715z–20(g)), during fiscal 

11 year 2020 the Secretary may insure and enter into new 

12 commitments to insure mortgages under section 255 of the 

13 National Housing Act only to the extent that the net credit 

14 subsidy cost for such insurance does not exceed zero: Pro15 vided further, That for fiscal year 2020, the Secretary shall 

16 not take any action against a lender solely on the basis 

17 of compare ratios that have been adversely affected by de18 faults on mortgages secured by properties in areas where 

19 a major disaster was declared in 2017 or 2018 pursuant 

20 to the Robert T. Stafford Disaster Relief and Emergency 

21 Assistance Act (42 U.S.C. 5121 et seq.). 

22 GENERAL AND SPECIAL RISK PROGRAM ACCOUNT

23 New commitments to guarantee loans insured under 

24 the General and Special Risk Insurance Funds, as author25 ized by sections 238 and 519 of the National Housing Act 
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•HR 1865 EAH 

1 (12 U.S.C. 1715z–3 and 1735c), shall not exceed 

2 $30,000,000,000 in total loan principal, any part of which 

3 is to be guaranteed, to remain available until September 

4 30, 2021: Provided, That during fiscal year 2020, gross ob5 ligations for the principal amount of direct loans, as au6 thorized by sections 204(g), 207(l), 238, and 519(a) of the 

7 National Housing Act, shall not exceed $1,000,000, which 

8 shall be for loans to nonprofit and governmental entities 

9 in connection with the sale of single family real properties 

10 owned by the Secretary and formerly insured under such 

11 Act. 

12 GOVERNMENT NATIONAL MORTGAGE ASSOCIATION

13 GUARANTEES OF MORTGAGE-BACKED SECURITIES LOAN

14 GUARANTEE PROGRAM ACCOUNT

15 New commitments to issue guarantees to carry out the 

16 purposes of section 306 of the National Housing Act, as 

17 amended (12 U.S.C. 1721(g)), shall not exceed 

18 $550,000,000,000, to remain available until September 30, 

19 2021: Provided, That $30,500,000, to remain available 

20 until September 30, 2021, shall be for necessary salaries 

21 and expenses of the Office of Government National Mortgage 

22 Association: Provided further, That to the extent that guar23 anteed loan commitments exceed $155,000,000,000 on or be24 fore April 1, 2020, an additional $100 for necessary salaries 

25 and expenses shall be available until expended for each 
1110 

•HR 1865 EAH 

1 $1,000,000 in additional guaranteed loan commitments 

2 (including a pro rata amount for any amount below 

3 $1,000,000), but in no case shall funds made available by 

4 this proviso exceed $3,000,000: Provided further, That re5 ceipts from Commitment and Multiclass fees collected pur6 suant to title III of the National Housing Act, as amended, 

7 shall be credited as offsetting collections to this account. 

8 POLICY DEVELOPMENT AND RESEARCH

9 RESEARCH AND TECHNOLOGY

10 For contracts, grants, and necessary expenses of pro11 grams of research and studies relating to housing and 

12 urban problems, not otherwise provided for, as authorized 

13 by title V of the Housing and Urban Development Act of 

14 1970 (12 U.S.C. 1701z–1 et seq.), including carrying out 

15 the functions of the Secretary of Housing and Urban Devel16 opment under section 1(a)(1)(i) of Reorganization Plan No. 

17 2 of 1968, and for technical assistance, $98,000,000, to re18 main available until September 30, 2021: Provided, That 

19 with respect to amounts made available under this heading, 

20 notwithstanding section 203 of this title, the Secretary may 

21 enter into cooperative agreements with philanthropic enti22 ties, other Federal agencies, State or local governments and 

23 their agencies, Indian tribes, tribally designated housing 

24 entities, or colleges or universities for research projects: Pro25 vided further, That with respect to the previous proviso, 
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•HR 1865 EAH 

1 such partners to the cooperative agreements must contribute 

2 at least a 50 percent match toward the cost of the project: 

3 Provided further, That for non-competitive agreements en4 tered into in accordance with the previous two provisos, the 

5 Secretary of Housing and Urban Development shall comply 

6 with section 2(b) of the Federal Funding Accountability 

7 and Transparency Act of 2006 (Public Law 109–282, 31 

8 U.S.C. note) in lieu of compliance with section 102(a)(4)(C) 

9 with respect to documentation of award decisions: Provided 

10 further, That prior to obligation of technical assistance 

11 funding, the Secretary shall submit a plan to the House 

12 and Senate Committees on Appropriations on how it will 

13 allocate funding for this activity at least 30 days prior to 

14 obligation: Provided further, That none of the funds pro15 vided under this heading may be available for the doctoral 

16 dissertation research grant program. 

17 FAIR HOUSING AND EQUAL OPPORTUNITY

18 FAIR HOUSING ACTIVITIES

19 For contracts, grants, and other assistance, not other20 wise provided for, as authorized by title VIII of the Civil 

21 Rights Act of 1968, as amended by the Fair Housing 

22 Amendments Act of 1988, and section 561 of the Housing 

23 and Community Development Act of 1987, as amended, 

24 $70,300,000, to remain available until September 30, 2021: 

25 Provided, That grants made available from amounts pro-
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•HR 1865 EAH 

1 vided under this heading shall be awarded within 180 days 

2 of enactment of this Act: Provided further, That notwith3 standing 31 U.S.C. 3302, the Secretary may assess and col4 lect fees to cover the costs of the Fair Housing Training 

5 Academy, and may use such funds to develop on-line 

6 courses and provide such training: Provided further, That 

7 no funds made available under this heading shall be used 

8 to lobby the executive or legislative branches of the Federal 

9 Government in connection with a specific contract, grant, 

10 or loan: Provided further, That of the funds made available 

11 under this heading, $350,000 shall be available to the Sec12 retary of Housing and Urban Development for the creation 

13 and promotion of translated materials and other programs 

14 that support the assistance of persons with limited English 

15 proficiency in utilizing the services provided by the Depart16 ment of Housing and Urban Development. 

17 OFFICE OF LEAD HAZARD CONTROL AND HEALTHY

18 HOMES

19 LEAD HAZARD REDUCTION

20 For the Lead Hazard Reduction Program, as author21 ized by section 1011 of the Residential Lead-Based Paint 

22 Hazard Reduction Act of 1992, $290,000,000, to remain 

23 available until September 30, 2022, of which $50,000,000 

24 shall be for the Healthy Homes Initiative, pursuant to sec25 tions 501 and 502 of the Housing and Urban Development 
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•HR 1865 EAH 

1 Act of 1970, which shall include research, studies, testing, 

2 and demonstration efforts, including education and out3 reach concerning lead-based paint poisoning and other 

4 housing-related diseases and hazards: Provided, That for 

5 purposes of environmental review, pursuant to the National 

6 Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 

7 and other provisions of law that further the purposes of such 

8 Act, a grant under the Healthy Homes Initiative, or the 

9 Lead Technical Studies program under this heading or 

10 under prior appropriations Acts for such purposes under 

11 this heading, shall be considered to be funds for a special 

12 project for purposes of section 305(c) of the Multifamily 

13 Housing Property Disposition Reform Act of 1994: Pro14 vided further, That not less than $95,000,000 of the 

15 amounts made available under this heading for the award 

16 of grants pursuant to section 1011 of the Residential Lead17 Based Paint Hazard Reduction Act of 1992 shall be pro18 vided to areas with the highest lead-based paint abatement 

19 needs: Provided further, That $64,000,000 of the funds ap20 propriated under this heading shall be for the implementa21 tion of projects in not more than ten communities to dem22 onstrate how intensive, extended, multi-year interventions 

23 can dramatically reduce the presence of lead-based paint 

24 hazards in those communities: Provided further, That each 

25 project shall serve no more than four contiguous census 
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•HR 1865 EAH 

1 tracts in which there are high concentrations of housing 

2 stock built before 1940, in which low-income families with 

3 children make up a significantly higher proportion of the 

4 population as compared to the State average, and that are 

5 located in jurisdictions in which instances of elevated blood 

6 lead levels reported to the State are significantly higher 

7 than the State average: Provided further, That such projects 

8 shall be awarded not less than $6,000,000 and not more 

9 than $9,000,000: Provided further, That funding awarded 

10 for such projects shall be made available for draw down con11 tingent upon the grantee meeting cost-savings, productivity, 

12 and grant compliance benchmarks established by the Sec13 retary: Provided further, That each recipient of funds for 

14 such projects shall contribute an amount not less than 10 

15 percent of the total award, and that the Secretary shall give 

16 priority to applicants that secure commitments for addi17 tional contributions from public and private sources: Pro18 vided further, That grantees currently receiving grants 

19 made under this heading shall be eligible to apply for such 

20 projects, provided that they are deemed to be in compliance 

21 with program requirements established by the Secretary: 

22 Provided further, That of the amount made available for 

23 the Healthy Homes Initiative, $5,000,000 shall be for the 

24 implementation of projects in up to 5 communities that are 

25 served by both the Healthy Homes Initiative and the De-
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•HR 1865 EAH 

1 partment of Energy weatherization programs to dem2 onstrate whether the coordination of Healthy Homes reme3 diation activities with weatherization activities achieves 

4 cost savings and better outcomes in improving the safety 

5 and quality of homes: Provided further, That each appli6 cant shall certify adequate capacity that is acceptable to 

7 the Secretary to carry out the proposed use of funds pursu8 ant to a notice of funding availability: Provided further, 

9 That amounts made available under this heading in this 

10 or prior appropriations Acts, still remaining available, 

11 may be used for any purpose under this heading notwith12 standing the purpose for which such amounts were appro13 priated if a program competition is undersubscribed and 

14 there are other program competitions under this heading 

15 that are oversubscribed. 

16 INFORMATION TECHNOLOGY FUND

17 For the development, modernization, and enhancement 

18 of, modifications to, and infrastructure for Department19 wide and program-specific information technology systems, 

20 for the continuing operation and maintenance of both De21 partment-wide and program-specific information systems, 

22 and for program-related maintenance activities, 

23 $280,000,000, of which $260,000,000 shall remain available 

24 until September 30, 2021, and of which $20,000,000 shall 

25 remain available until September 30, 2022: Provided, That 
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•HR 1865 EAH 

1 any amounts transferred to this Fund under this Act shall 

2 remain available until expended: Provided further, That 

3 any amounts transferred to this Fund from amounts appro4 priated by previously enacted appropriations Acts may be 

5 used for the purposes specified under this Fund, in addition 

6 to any other information technology purposes for which 

7 such amounts were appropriated: Provided further, That 

8 not more than 10 percent of the funds made available under 

9 this heading for development, modernization and enhance10 ment may be obligated until the Secretary submits to the 

11 House and Senate Committees on Appropriations, for ap12 proval, a plan for expenditure that—(A) identifies for each 

13 modernization project: (i) the functional and performance 

14 capabilities to be delivered and the mission benefits to be 

15 realized, (ii) the estimated life-cycle cost, and (iii) key mile16 stones to be met; and (B) demonstrates that each moderniza17 tion project is: (i) compliant with the Department’s enter18 prise architecture, (ii) being managed in accordance with 

19 applicable life-cycle management policies and guidance, 

20 (iii) subject to the Department’s capital planning and in21 vestment control requirements, and (iv) supported by an 

22 adequately staffed project office. 

23 OFFICE OF INSPECTOR GENERAL

24 For necessary salaries and expenses of the Office of In25 spector General in carrying out the Inspector General Act 
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•HR 1865 EAH 

1 of 1978, as amended, $128,200,000: Provided, That the In2 spector General shall have independent authority over all 

3 personnel issues within this office: Provided further, That 

4 the Office of Inspector General shall procure and rely upon 

5 the services of an independent external auditor(s) to audit 

6 the fiscal year 2020 and subsequent financial statements of 

7 the Department of Housing and Urban Development in8 cluding the financial statements of the Federal Housing Ad9 ministration and the Government National Mortgage Asso10 ciation: Provided further, That in addition to amounts 

11 under this heading otherwise available for the purposes 

12 specified in the previous proviso, $10,000,000 to remain 

13 available until September 30, 2021, shall be available only 

14 for such specified purposes. 

15 GENERAL PROVISIONS—DEPARTMENT OF HOUSING AND

16 URBAN DEVELOPMENT

17 (INCLUDING TRANSFER OF FUNDS)

18 (INCLUDING RESCISSIONS)

19 SEC. 201. Fifty percent of the amounts of budget au20 thority, or in lieu thereof 50 percent of the cash amounts 

21 associated with such budget authority, that are recaptured 

22 from projects described in section 1012(a) of the Stewart 

23 B. McKinney Homeless Assistance Amendments Act of 1988 

24 (42 U.S.C. 1437f note) shall be rescinded or in the case of 

25 cash, shall be remitted to the Treasury, and such amounts 
1118 

•HR 1865 EAH 

1 of budget authority or cash recaptured and not rescinded 

2 or remitted to the Treasury shall be used by State housing 

3 finance agencies or local governments or local housing agen4 cies with projects approved by the Secretary of Housing and 

5 Urban Development for which settlement occurred after 

6 January 1, 1992, in accordance with such section. Notwith7 standing the previous sentence, the Secretary may award 

8 up to 15 percent of the budget authority or cash recaptured 

9 and not rescinded or remitted to the Treasury to provide 

10 project owners with incentives to refinance their project at 

11 a lower interest rate. 

12 SEC. 202. None of the amounts made available under 

13 this Act may be used during fiscal year 2020 to investigate 

14 or prosecute under the Fair Housing Act any otherwise law15 ful activity engaged in by one or more persons, including 

16 the filing or maintaining of a nonfrivolous legal action, 

17 that is engaged in solely for the purpose of achieving or 

18 preventing action by a Government official or entity, or a 

19 court of competent jurisdiction. 

20 SEC. 203. Except as explicitly provided in law, any 

21 grant, cooperative agreement or other assistance made pur22 suant to title II of this Act shall be made on a competitive 

23 basis and in accordance with section 102 of the Department 

24 of Housing and Urban Development Reform Act of 1989 

25 (42 U.S.C. 3545). 
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•HR 1865 EAH 

1 SEC. 204. Funds of the Department of Housing and 

2 Urban Development subject to the Government Corporation 

3 Control Act or section 402 of the Housing Act of 1950 shall 

4 be available, without regard to the limitations on adminis5 trative expenses, for legal services on a contract or fee basis, 

6 and for utilizing and making payment for services and fa7 cilities of the Federal National Mortgage Association, Gov8 ernment National Mortgage Association, Federal Home 

9 Loan Mortgage Corporation, Federal Financing Bank, Fed10 eral Reserve banks or any member thereof, Federal Home 

11 Loan banks, and any insured bank within the meaning of 

12 the Federal Deposit Insurance Corporation Act, as amended 

13 (12 U.S.C. 1811–1). 

14 SEC. 205. Unless otherwise provided for in this Act 

15 or through a reprogramming of funds, no part of any ap16 propriation for the Department of Housing and Urban De17 velopment shall be available for any program, project or 

18 activity in excess of amounts set forth in the budget esti19 mates submitted to Congress. 

20 SEC. 206. Corporations and agencies of the Depart21 ment of Housing and Urban Development which are subject 

22 to the Government Corporation Control Act are hereby au23 thorized to make such expenditures, within the limits of 

24 funds and borrowing authority available to each such cor25 poration or agency and in accordance with law, and to 
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•HR 1865 EAH 

1 make such contracts and commitments without regard to 

2 fiscal year limitations as provided by section 104 of such 

3 Act as may be necessary in carrying out the programs set 

4 forth in the budget for 2020 for such corporation or agency 

5 except as hereinafter provided: Provided, That collections 

6 of these corporations and agencies may be used for new loan 

7 or mortgage purchase commitments only to the extent ex8 pressly provided for in this Act (unless such loans are in 

9 support of other forms of assistance provided for in this or 

10 prior appropriations Acts), except that this proviso shall 

11 not apply to the mortgage insurance or guaranty operations 

12 of these corporations, or where loans or mortgage purchases 

13 are necessary to protect the financial interest of the United 

14 States Government. 

15 SEC. 207. The Secretary of Housing and Urban Devel16 opment shall provide quarterly reports to the House and 

17 Senate Committees on Appropriations regarding all uncom18 mitted, unobligated, recaptured and excess funds in each 

19 program and activity within the jurisdiction of the Depart20 ment and shall submit additional, updated budget informa21 tion to these Committees upon request. 

22 SEC. 208. No funds provided under this title may be 

23 used for an audit of the Government National Mortgage As24 sociation that makes applicable requirements under the 

25 Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.). 
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•HR 1865 EAH 

1 SEC. 209. (a) Notwithstanding any other provision of 

2 law, subject to the conditions listed under this section, for 

3 fiscal years 2020 and 2021, the Secretary of Housing and 

4 Urban Development may authorize the transfer of some or 

5 all project-based assistance, debt held or insured by the Sec6 retary and statutorily required low-income and very low7 income use restrictions if any, associated with one or more 

8 multifamily housing project or projects to another multi9 family housing project or projects. 

10 (b) PHASED TRANSFERS.—Transfers of project-based 

11 assistance under this section may be done in phases to ac12 commodate the financing and other requirements related to 

13 rehabilitating or constructing the project or projects to 

14 which the assistance is transferred, to ensure that such 

15 project or projects meet the standards under subsection (c). 

16 (c) The transfer authorized in subsection (a) is subject 

17 to the following conditions: 

18 (1) NUMBER AND BEDROOM SIZE OF UNITS.— 

19 (A) For occupied units in the transferring 

20 project: The number of low-income and very low21 income units and the configuration (i.e., bed22 room size) provided by the transferring project 

23 shall be no less than when transferred to the re24 ceiving project or projects and the net dollar 

25 amount of Federal assistance provided to the 
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•HR 1865 EAH 

1 transferring project shall remain the same in the 

2 receiving project or projects. 

3 (B) For unoccupied units in the transfer4 ring project: The Secretary may authorize a re5 duction in the number of dwelling units in the 

6 receiving project or projects to allow for a recon7 figuration of bedroom sizes to meet current mar8 ket demands, as determined by the Secretary and 

9 provided there is no increase in the project-based 

10 assistance budget authority. 

11 (2) The transferring project shall, as determined 

12 by the Secretary, be either physically obsolete or eco13 nomically nonviable. 

14 (3) The receiving project or projects shall meet or 

15 exceed applicable physical standards established by 

16 the Secretary. 

17 (4) The owner or mortgagor of the transferring 

18 project shall notify and consult with the tenants re19 siding in the transferring project and provide a cer20 tification of approval by all appropriate local govern21 mental officials. 

22 (5) The tenants of the transferring project who 

23 remain eligible for assistance to be provided by the re24 ceiving project or projects shall not be required to va25 cate their units in the transferring project or projects 
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1 until new units in the receiving project are available 

2 for occupancy. 

3 (6) The Secretary determines that this transfer is 

4 in the best interest of the tenants. 

5 (7) If either the transferring project or the re6 ceiving project or projects meets the condition speci7 fied in subsection (d)(2)(A), any lien on the receiving 

8 project resulting from additional financing obtained 

9 by the owner shall be subordinate to any FHA-in10 sured mortgage lien transferred to, or placed on, such 

11 project by the Secretary, except that the Secretary 

12 may waive this requirement upon determination that 

13 such a waiver is necessary to facilitate the financing 

14 of acquisition, construction, and/or rehabilitation of 

15 the receiving project or projects. 

16 (8) If the transferring project meets the require17 ments of subsection (d)(2), the owner or mortgagor of 

18 the receiving project or projects shall execute and 

19 record either a continuation of the existing use agree20 ment or a new use agreement for the project where, 

21 in either case, any use restrictions in such agreement 

22 are of no lesser duration than the existing use restric23 tions. 

24 (9) The transfer does not increase the cost (as de25 fined in section 502 of the Congressional Budget Act 
1124 

•HR 1865 EAH 

1 of 1974(2 U.S.C. 661a)) of any FHA-insured mort2 gage, except to the extent that appropriations are pro3 vided in advance for the amount of any such in4 creased cost. 

5 (d) For purposes of this section— 

6 (1) the terms ‘‘low-income’’ and ‘‘very low-in7 come’’ shall have the meanings provided by the statute 

8 and/or regulations governing the program under 

9 which the project is insured or assisted; 

10 (2) the term ‘‘multifamily housing project’’ 

11 means housing that meets one of the following condi12 tions— 

13 (A) housing that is subject to a mortgage 

14 insured under the National Housing Act; 

15 (B) housing that has project-based assist16 ance attached to the structure including projects 

17 undergoing mark to market debt restructuring 

18 under the Multifamily Assisted Housing Reform 

19 and Affordability Housing Act; 

20 (C) housing that is assisted under section 

21 202 of the Housing Act of 1959 (12 U.S.C. 

22 1701q); 

23 (D) housing that is assisted under section 

24 202 of the Housing Act of 1959 (12 U.S.C. 

25 1701q), as such section existed before the enact-
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1 ment of the Cranston-Gonzales National Afford2 able Housing Act; 

3 (E) housing that is assisted under section 

4 811 of the Cranston-Gonzales National Afford5 able Housing Act (42 U.S.C. 8013); or 

6 (F) housing or vacant land that is subject 

7 to a use agreement; 

8 (3) the term ‘‘project-based assistance’’ means— 

9 (A) assistance provided under section 8(b) 

10 of the United States Housing Act of 1937 (42 

11 U.S.C. 1437f(b)); 

12 (B) assistance for housing constructed or 

13 substantially rehabilitated pursuant to assistance 

14 provided under section 8(b)(2) of such Act (as 

15 such section existed immediately before October 

16 1, 1983); 

17 (C) rent supplement payments under sec18 tion 101 of the Housing and Urban Development 

19 Act of 1965 (12 U.S.C. 1701s); 

20 (D) interest reduction payments under sec21 tion 236 and/or additional assistance payments 

22 under section 236(f)(2) of the National Housing 

23 Act (12 U.S.C. 1715z–1); 
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•HR 1865 EAH 

1 (E) assistance payments made under sec2 tion 202(c)(2) of the Housing Act of 1959 (12 

3 U.S.C. 1701q(c)(2)); and 

4 (F) assistance payments made under section 

5 811(d)(2) of the Cranston-Gonzalez National Af6 fordable Housing Act (42 U.S.C. 8013(d)(2)); 

7 (4) the term ‘‘receiving project or projects’’ 

8 means the multifamily housing project or projects to 

9 which some or all of the project-based assistance, debt, 

10 and statutorily required low-income and very low-in11 come use restrictions are to be transferred; 

12 (5) the term ‘‘transferring project’’ means the 

13 multifamily housing project which is transferring 

14 some or all of the project-based assistance, debt, and 

15 the statutorily required low-income and very low-in16 come use restrictions to the receiving project or 

17 projects; and 

18 (6) the term ‘‘Secretary’’ means the Secretary of 

19 Housing and Urban Development. 

20 (e) RESEARCH REPORT.—The Secretary shall conduct 

21 an evaluation of the transfer authority under this section, 

22 including the effect of such transfers on the operational effi23 ciency, contract rents, physical and financial conditions, 

24 and long-term preservation of the affected properties. 
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•HR 1865 EAH 

1 SEC. 210. (a) No assistance shall be provided under 

2 section 8 of the United States Housing Act of 1937 (42 

3 U.S.C. 1437f) to any individual who— 

4 (1) is enrolled as a student at an institution of 

5 higher education (as defined under section 102 of the 

6 Higher Education Act of 1965 (20 U.S.C. 1002)); 

7 (2) is under 24 years of age; 

8 (3) is not a veteran; 

9 (4) is unmarried; 

10 (5) does not have a dependent child; 

11 (6) is not a person with disabilities, as such 

12 term is defined in section 3(b)(3)(E) of the United 

13 States Housing Act of 1937 (42 U.S.C. 

14 1437a(b)(3)(E)) and was not receiving assistance 

15 under such section 8 as of November 30, 2005; 

16 (7) is not a youth who left foster care at age 14 

17 or older and is at risk of becoming homeless; and 

18 (8) is not otherwise individually eligible, or has 

19 parents who, individually or jointly, are not eligible, 

20 to receive assistance under section 8 of the United 

21 States Housing Act of 1937 (42 U.S.C. 1437f). 

22 (b) For purposes of determining the eligibility of a per23 son to receive assistance under section 8 of the United States 

24 Housing Act of 1937 (42 U.S.C. 1437f), any financial as25 sistance (in excess of amounts received for tuition and any 
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•HR 1865 EAH 

1 other required fees and charges) that an individual receives 

2 under the Higher Education Act of 1965 (20 U.S.C. 1001 

3 et seq.), from private sources, or an institution of higher 

4 education (as defined under section 102 of the Higher Edu5 cation Act of 1965 (20 U.S.C. 1002)), shall be considered 

6 income to that individual, except for a person over the age 

7 of 23 with dependent children. 

8 SEC. 211. The funds made available for Native Alas9 kans under paragraph (1) under the heading ‘‘Native Amer10 ican Programs’’ in title II of this Act shall be allocated to 

11 the same Native Alaskan housing block grant recipients that 

12 received funds in fiscal year 2005, and only such recipients 

13 shall be eligible to apply for funds made available under 

14 paragraph (3) of such heading. 

15 SEC. 212. Notwithstanding any other provision of law, 

16 in fiscal year 2020, in managing and disposing of any mul17 tifamily property that is owned or has a mortgage held by 

18 the Secretary of Housing and Urban Development, and dur19 ing the process of foreclosure on any property with a con20 tract for rental assistance payments under section 8 of the 

21 United States Housing Act of 1937 (42 U.S.C. 1437f) or 

22 other Federal programs, the Secretary shall maintain any 

23 rental assistance payments under section 8 of the United 

24 States Housing Act of 1937 and other programs that are 

25 attached to any dwelling units in the property. To the ex-
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•HR 1865 EAH 

1 tent the Secretary determines, in consultation with the ten2 ants and the local government, that such a multifamily 

3 property owned or held by the Secretary is not feasible for 

4 continued rental assistance payments under such section 8 

5 or other programs, based on consideration of (1) the costs 

6 of rehabilitating and operating the property and all avail7 able Federal, State, and local resources, including rent ad8 justments under section 524 of the Multifamily Assisted 

9 Housing Reform and Affordability Act of 1997 

10 (‘‘MAHRAA’’) (42 U.S.C. 1437f note) and (2) environ11 mental conditions that cannot be remedied in a cost-effec12 tive fashion, the Secretary may, in consultation with the 

13 tenants of that property, contract for project-based rental 

14 assistance payments with an owner or owners of other exist15 ing housing properties, or provide other rental assistance. 

16 The Secretary shall also take appropriate steps to ensure 

17 that project-based contracts remain in effect prior to fore18 closure, subject to the exercise of contractual abatement rem19 edies to assist relocation of tenants for imminent major 

20 threats to health and safety after written notice to and in21 formed consent of the affected tenants and use of other avail22 able remedies, such as partial abatements or receivership. 

23 After disposition of any multifamily property described 

24 under this section, the contract and allowable rent levels 
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•HR 1865 EAH 

1 on such properties shall be subject to the requirements under 

2 section 524 of MAHRAA. 

3 SEC. 213. Public housing agencies that own and oper4 ate 400 or fewer public housing units may elect to be exempt 

5 from any asset management requirement imposed by the 

6 Secretary of Housing and Urban Development in connec7 tion with the operating fund rule: Provided, That an agency 

8 seeking a discontinuance of a reduction of subsidy under 

9 the operating fund formula shall not be exempt from asset 

10 management requirements. 

11 SEC. 214. With respect to the use of amounts provided 

12 in this Act and in future Acts for the operation, capital 

13 improvement and management of public housing as author14 ized by sections 9(d) and 9(e) of the United States Housing 

15 Act of 1937 (42 U.S.C. 1437g(d) and (e)), the Secretary 

16 shall not impose any requirement or guideline relating to 

17 asset management that restricts or limits in any way the 

18 use of capital funds for central office costs pursuant to sec19 tion 9(g)(1) or 9(g)(2) of the United States Housing Act 

20 of 1937 (42 U.S.C. 1437g(g)(1), (2)): Provided, That a pub21 lic housing agency may not use capital funds authorized 

22 under section 9(d) for activities that are eligible under sec23 tion 9(e) for assistance with amounts from the operating 

24 fund in excess of the amounts permitted under section 

25 9(g)(1) or 9(g)(2). 
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•HR 1865 EAH 

1 SEC. 215. No official or employee of the Department 

2 of Housing and Urban Development shall be designated as 

3 an allotment holder unless the Office of the Chief Financial 

4 Officer has determined that such allotment holder has im5 plemented an adequate system of funds control and has re6 ceived training in funds control procedures and directives. 

7 The Chief Financial Officer shall ensure that there is a 

8 trained allotment holder for each HUD appropriation 

9 under the accounts ‘‘Executive Offices’’, ‘‘Administrative 

10 Support Offices’’, ‘‘Program Offices’’, ‘‘Government Na11 tional Mortgage Association—Guarantees of Mortgage12 Backed Securities Loan Guarantee Program Account’’, and 

13 ‘‘Office of Inspector General’’ within the Department of 

14 Housing and Urban Development. 

15 SEC. 216. The Secretary of the Department of Housing 

16 and Urban Development shall, for fiscal year 2020, notify 

17 the public through the Federal Register and other means, 

18 as determined appropriate, of the issuance of a notice of 

19 the availability of assistance or notice of funding avail20 ability (NOFA) for any program or discretionary fund ad21 ministered by the Secretary that is to be competitively 

22 awarded. Notwithstanding any other provision of law, for 

23 fiscal year 2020, the Secretary may make the NOFA avail24 able only on the Internet at the appropriate Government 
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•HR 1865 EAH 

1 web site or through other electronic media, as determined 

2 by the Secretary. 

3 SEC. 217. Payment of attorney fees in program-related 

4 litigation shall be paid from the individual program office 

5 and Office of General Counsel salaries and expenses appro6 priations. The annual budget submission for the program 

7 offices and the Office of General Counsel shall include any 

8 such projected litigation costs for attorney fees as a separate 

9 line item request. No funds provided in this title may be 

10 used to pay any such litigation costs for attorney fees until 

11 the Department submits for review a spending plan for such 

12 costs to the House and Senate Committees on Appropria13 tions. 

14 SEC. 218. The Secretary is authorized to transfer up 

15 to 10 percent or $5,000,000, whichever is less, of funds ap16 propriated for any office under the headings ‘‘Administra17 tive Support Offices’’ or ‘‘Program Offices’’ to any other 

18 such office or account: Provided, That no appropriation for 

19 any such office or account shall be increased or decreased 

20 by more than 10 percent or $5,000,000, whichever is less, 

21 without prior written approval of the House and Senate 

22 Committees on Appropriations: Provided further, That the 

23 Secretary shall provide notification to such Committees 3 

24 business days in advance of any such transfers under this 

25 section up to 10 percent or $5,000,000, whichever is less. 
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1 SEC. 219. (a) Any entity receiving housing assistance 

2 payments shall maintain decent, safe, and sanitary condi3 tions, as determined by the Secretary of Housing and 

4 Urban Development (in this section referred to as the ‘‘Sec5 retary’’), and comply with any standards under applicable 

6 State or local laws, rules, ordinances, or regulations relat7 ing to the physical condition of any property covered under 

8 a housing assistance payment contract. 

9 (b) The Secretary shall take action under subsection 

10 (c) when a multifamily housing project with a section 8 

11 contract or contract for similar project-based assistance— 

12 (1) receives a Uniform Physical Condition 

13 Standards (UPCS) score of 60 or less; or 

14 (2) fails to certify in writing to the Secretary 

15 within 3 days that all Exigent Health and Safety de16 ficiencies identified by the inspector at the project 

17 have been corrected. 

18 Such requirements shall apply to insured and noninsured 

19 projects with assistance attached to the units under section 

20 8 of the United States Housing Act of 1937 (42 U.S.C. 

21 1437f), but do not apply to such units assisted under section 

22 8(o)(13) (42 U.S.C. 1437f(o)(13)) or to public housing units 

23 assisted with capital or operating funds under section 9 of 

24 the United States Housing Act of 1937 (42 U.S.C. 1437g). 
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•HR 1865 EAH 

1 (c)(1) Within 15 days of the issuance of the REAC in2 spection, the Secretary must provide the owner with a No3 tice of Default with a specified timetable, determined by the 

4 Secretary, for correcting all deficiencies. The Secretary 

5 must also provide a copy of the Notice of Default to the 

6 tenants, the local government, any mortgagees, and any 

7 contract administrator. If the owner’s appeal results in a 

8 UPCS score of 60 or above, the Secretary may withdraw 

9 the Notice of Default. 

10 (2) At the end of the time period for correcting 

11 all deficiencies specified in the Notice of Default, if 

12 the owner fails to fully correct such deficiencies, the 

13 Secretary may— 

14 (A) require immediate replacement of 

15 project management with a management agent 

16 approved by the Secretary; 

17 (B) impose civil money penalties, which 

18 shall be used solely for the purpose of supporting 

19 safe and sanitary conditions at applicable prop20 erties, as designated by the Secretary, with pri21 ority given to the tenants of the property affected 

22 by the penalty; 

23 (C) abate the section 8 contract, including 

24 partial abatement, as determined by the Sec25 retary, until all deficiencies have been corrected; 
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•HR 1865 EAH 

1 (D) pursue transfer of the project to an 

2 owner, approved by the Secretary under estab3 lished procedures, which will be obligated to 

4 promptly make all required repairs and to ac5 cept renewal of the assistance contract as long as 

6 such renewal is offered; 

7 (E) transfer the existing section 8 contract 

8 to another project or projects and owner or own9 ers; 

10 (F) pursue exclusionary sanctions, includ11 ing suspensions or debarments from Federal pro12 grams; 

13 (G) seek judicial appointment of a receiver 

14 to manage the property and cure all project defi15 ciencies or seek a judicial order of specific per16 formance requiring the owner to cure all project 

17 deficiencies; 

18 (H) work with the owner, lender, or other 

19 related party to stabilize the property in an at20 tempt to preserve the property through compli21 ance, transfer of ownership, or an infusion of 

22 capital provided by a third-party that requires 

23 time to effectuate; or 
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•HR 1865 EAH 

1 (I) take any other regulatory or contractual 

2 remedies available as deemed necessary and ap3 propriate by the Secretary. 

4 (d) The Secretary shall also take appropriate steps to 

5 ensure that project-based contracts remain in effect, subject 

6 to the exercise of contractual abatement remedies to assist 

7 relocation of tenants for major threats to health and safety 

8 after written notice to the affected tenants. To the extent 

9 the Secretary determines, in consultation with the tenants 

10 and the local government, that the property is not feasible 

11 for continued rental assistance payments under such section 

12 8 or other programs, based on consideration of— 

13 (1) the costs of rehabilitating and operating the 

14 property and all available Federal, State, and local 

15 resources, including rent adjustments under section 

16 524 of the Multifamily Assisted Housing Reform and 

17 Affordability Act of 1997 (‘‘MAHRAA’’); and 

18 (2) environmental conditions that cannot be 

19 remedied in a cost-effective fashion, the Secretary 

20 may contract for project-based rental assistance pay21 ments with an owner or owners of other existing hous22 ing properties, or provide other rental assistance. 

23 (e) The Secretary shall report quarterly on all prop24 erties covered by this section that are assessed through the 

25 Real Estate Assessment Center and have UPCS physical in-
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•HR 1865 EAH 

1 spection scores of less than 60 or have received an unsatis2 factory management and occupancy review within the past 

3 36 months. The report shall include— 

4 (1) the enforcement actions being taken to ad5 dress such conditions, including imposition of civil 

6 money penalties and termination of subsidies, and 

7 identify properties that have such conditions multiple 

8 times; 

9 (2) actions that the Department of Housing and 

10 Urban Development is taking to protect tenants of 

11 such identified properties; and 

12 (3) any administrative or legislative rec13 ommendations to further improve the living condi14 tions at properties covered under a housing assistance 

15 payment contract. 

16 This report shall be due to the Senate and House Commit17 tees on Appropriations no later than 30 days after the en18 actment of this Act, and on the first business day of each 

19 Federal fiscal year quarter thereafter while this section re20 mains in effect. 

21 SEC. 220. None of the funds made available by this 

22 Act, or any other Act, for purposes authorized under section 

23 8 (only with respect to the tenant-based rental assistance 

24 program) and section 9 of the United States Housing Act 

25 of 1937 (42 U.S.C. 1437 et seq.), may be used by any public 
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•HR 1865 EAH 

1 housing agency for any amount of salary, including bo2 nuses, for the chief executive officer of which, or any other 

3 official or employee of which, that exceeds the annual rate 

4 of basic pay payable for a position at level IV of the Execu5 tive Schedule at any time during any public housing agen6 cy fiscal year 2020. 

7 SEC. 221. None of the funds in this Act provided to 

8 the Department of Housing and Urban Development may 

9 be used to make a grant award unless the Secretary notifies 

10 the House and Senate Committees on Appropriations not 

11 less than 3 full business days before any project, State, lo12 cality, housing authority, tribe, nonprofit organization, or 

13 other entity selected to receive a grant award is announced 

14 by the Department or its offices. 

15 SEC. 222. None of the funds made available by this 

16 Act may be used to require or enforce the Physical Needs 

17 Assessment (PNA). 

18 SEC. 223. None of the funds made available in this 

19 Act shall be used by the Federal Housing Administration, 

20 the Government National Mortgage Administration, or the 

21 Department of Housing and Urban Development to insure, 

22 securitize, or establish a Federal guarantee of any mortgage 

23 or mortgage backed security that refinances or otherwise re24 places a mortgage that has been subject to eminent domain 
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•HR 1865 EAH 

1 condemnation or seizure, by a State, municipality, or any 

2 other political subdivision of a State. 

3 SEC. 224. None of the funds made available by this 

4 Act may be used to terminate the status of a unit of general 

5 local government as a metropolitan city (as defined in sec6 tion 102 of the Housing and Community Development Act 

7 of 1974 (42 U.S.C. 5302)) with respect to grants under sec8 tion 106 of such Act (42 U.S.C. 5306). 

9 SEC. 225. Amounts made available under this Act 

10 which are either appropriated, allocated, advanced on a re11 imbursable basis, or transferred to the Office of Policy De12 velopment and Research in the Department of Housing and 

13 Urban Development and functions thereof, for research, 

14 evaluation, or statistical purposes, and which are unex15 pended at the time of completion of a contract, grant, or 

16 cooperative agreement, may be deobligated and shall imme17 diately become available and may be reobligated in that fis18 cal year or the subsequent fiscal year for the research, eval19 uation, or statistical purposes for which the amounts are 

20 made available to that Office subject to reprogramming re21 quirements in section 405 of this Act. 

22 SEC. 226. None of the funds provided in this Act or 

23 any other act may be used for awards, including perform24 ance, special act, or spot, for any employee of the Depart25 ment of Housing and Urban Development subject to admin-
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•HR 1865 EAH 

1 istrative discipline (including suspension from work), in 

2 this fiscal year, but this prohibition shall not be effective 

3 prior to the effective date of any such administrative dis4 cipline or after any final decision over-turning such dis5 cipline. 

6 SEC. 227. Funds made available in this title under 

7 the heading ‘‘Homeless Assistance Grants’’ may be used by 

8 the Secretary to participate in Performance Partnership 

9 Pilots authorized under section 526 of division H of Public 

10 Law 113–76, section 524 of division G of Public Law 113– 

11 235, section 525 of division H of Public Law 114–113, sec12 tion 525 of division H of Public Law 115–31, section 525 

13 of division H of Public Law 115–141, section 524 of divi14 sion B of Public Law 115–245 and such authorities as are 

15 enacted for Performance Partnership Pilots in an appro16 priations Act for fiscal year 2020: Provided, That such par17 ticipation shall be limited to no more than 10 continuums 

18 of care and housing activities to improve outcomes for dis19 connected youth. 

20 SEC. 228. With respect to grant amounts awarded 

21 under the heading ‘‘Homeless Assistance Grants’’ for fiscal 

22 years 2015 through 2020 for the continuum of care (CoC) 

23 program as authorized under subtitle C of title IV of the 

24 McKinney-Vento Homeless Assistance Act, costs paid by 

25 program income of grant recipients may count toward 
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•HR 1865 EAH 

1 meeting the recipient’s matching requirements, provided the 

2 costs are eligible CoC costs that supplement the recipient’s 

3 CoC program. 

4 SEC. 229. (a) From amounts made available under 

5 this title under the heading ‘‘Homeless Assistance Grants’’, 

6 the Secretary may award 1-year transition grants to recipi7 ents of funds for activities under subtitle C of the McKin8 ney-Vento Homeless Assistance Act (42 U.S.C. 11381 et 

9 seq.) to transition from one Continuum of Care program 

10 component to another. 

11 (b) In order to be eligible to receive a transition grant, 

12 the funding recipient must have the consent of the Con13 tinuum of Care and meet standards determined by the Sec14 retary. 

15 SEC. 230. None of the funds made available by this 

16 Act may be used by the Department of Housing and Urban 

17 Development to direct a grantee to undertake specific 

18 changes to existing zoning laws as part of carrying out the 

19 final rule entitled ‘‘Affirmatively Furthering Fair Hous20 ing’’ (80 Fed. Reg. 42272 (July 16, 2015)) or the notice 

21 entitled ‘‘Affirmatively Furthering Fair Housing Assess22 ment Tool’’ (79 Fed. Reg. 57949 (September 26, 2014)). 

23 SEC. 231. (a) Amounts recaptured from funds appro24 priated for this or any succeeding fiscal year under the 

25 heading ‘‘Department of Housing and Urban Develop-
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•HR 1865 EAH 

1 ment—Community Planning and Development—Homeless 

2 Assistance Grants’’ shall become available until expended 

3 not later than the end of the fifth fiscal year after the last 

4 fiscal year for which such funds are available and shall be 

5 available, in addition to rental assistance amounts that 

6 were recaptured and made available until expended under 

7 such heading by any prior Act, and in addition to such 

8 other funds as may be available for such purposes, for the 

9 following purposes: 

10 (1) For grants under the Continuum of Care 

11 program under subtitle C of title IV of the McKinney12 Vento Homeless Assistance Act (42 U.S.C. 11381 et 

13 seq.); 

14 (2) For grants under the Emergency Solutions 

15 Grant program under subtitle B of title IV of such 

16 Act (42 U.S.C. 11371 et seq.); 

17 (3) Not less than 10 percent of the amounts shall 

18 be used only for grants in rural areas under the Con19 tinuum of Care program, to include activities eligible 

20 under the Rural Housing Stability Assistance pro21 gram under section 491 of such Act (42 U.S.C. 

22 11408) that are not otherwise eligible under the Con23 tinuum of Care program; and 
1143 

•HR 1865 EAH 

1 (4) Not less than 10 percent of the amounts shall 

2 be for emergency solutions grants for disaster areas as 

3 authorized by subsection (c). 

4 (b) Prior to the use of any recaptured amounts referred 

5 to in subsection (a), including competing, awarding, or ob6 ligating such amounts, the Secretary shall submit a plan 

7 in accordance with subsection (a) that specifies the planned 

8 use of any such amounts to the Committees on Appropria9 tions of the House of Representatives and the Senate, and 

10 receive prior written approval of such plan, except that use 

11 of amounts in the plan for the purposes specified in sub12 section (a)(4) may begin once such plan is submitted to 

13 such Committees. 

14 (c)(1) The Secretary may make grants under the 

15 Emergency Solutions Grants program under subtitle B of 

16 title IV of the McKinney-Vento Homeless Assistance Act (42 

17 U.S.C. 11371 et seq.) to States or local governments to ad18 dress the needs of homeless individuals or families or indi19 viduals or families at risk of homelessness in areas affected 

20 by a major disaster declared pursuant to the Robert T. Staf21 ford Disaster Relief and Emergency Assistance Act (42 

22 U.S.C. 5121 et seq.) on or after the date of enactment of 

23 this Act, whose needs are not otherwise served or fully met 

24 by existing Federal disaster relief programs, including the 
1144 

•HR 1865 EAH 

1 Transitional Sheltering Assistance program under such Act 

2 (42 U.S.C. 5170b). 

3 (2) For purposes of grants under paragraph (1), the 

4 Secretary may suspend all consultation, citizen participa5 tion, and matching requirements. 

6 SEC. 232. The Promise Zone designations and Promise 

7 Zone Designation Agreements entered into pursuant to such 

8 designations, made by the Secretary of Housing and Urban 

9 Development in prior fiscal years, shall remain in effect 

10 in accordance with the terms and conditions of such agree11 ments. 

12 SEC. 233. None of the funds made available by this 

13 Act may be used to establish and apply review criteria, in14 cluding rating factors or preference points, for participa15 tion in or coordination with EnVision Centers, in the eval16 uation, selection, and award of any funds made available 

17 and requiring competitive selection under this Act, except 

18 with respect to any such funds otherwise authorized for En19 Vision Center purposes under this Act. 

20 SEC. 234. (a) The Secretary of Housing and Urban 

21 Development shall make available to grantees under pro22 grams included under the Department’s Consolidated Plan23 ning Process, not later than the expiration of the 90-day 

24 period beginning on the date of the enactment of this Act, 

25 the prepopulated up-to-date housing and economic data and 
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•HR 1865 EAH 

1 data for both broadband and resilience assessment require2 ments, as referred to in the HUD Response to the third com3 ment under section III.A. of the Supplementary Informa4 tion included with the final rule entitled ‘‘Modernizing 

5 HUD’s Consolidated Planning Process To Narrow the Dig6 ital Divide and Increase Resilience to Natural Hazards’’, 

7 published by the Department of Housing and Urban Devel8 opment in the Federal Register on Friday, December 16, 

9 2016 (81 Fed. Reg. 91000). 

10 (b) The Secretary of Housing and Urban Development 

11 shall require such grantees to incorporate the broadband 

12 and resilience components into the Consolidated Plan proc13 ess not later than the expiration of the 270-day period be14 ginning on the date of the enactment of this Act. 

15 SEC. 235. None of the funds made available by this 

16 or any prior Act may be used to require or enforce any 

17 changes to the terms and conditions of the public housing 

18 annual contributions contract between the Secretary and 

19 any public housing agency, as such contract was in effect 

20 as of December 31, 2017, unless such changes are mutually 

21 agreed upon by the Secretary and such agency: Provided, 

22 That such agreement by an agency may be indicated only 

23 by a written amendment to the terms and conditions con24 taining the duly authorized signature of its chief executive: 

25 Provided further, That the Secretary may not withhold 
1146 

•HR 1865 EAH 

1 funds to compel such agreement by an agency which cer2 tifies to its compliance with its contract. 

3 SEC. 236. None of the amounts made available in this 

4 Act or in the Department of Housing and Urban Develop5 ment Appropriations Act, 2019 (Public Law 116–6) may 

6 be used to consider Family Self-Sufficiency performance 

7 measures or performance scores in determining funding 

8 awards for programs receiving Family Self-Sufficiency pro9 gram coordinator funding provided in this Act or in the 

10 Department of Housing and Urban Development Appro11 priations Act, 2019 (Public Law 116–6). 

12 SEC. 237. (a) All unobligated balances from funds ap13 propriated under the heading ‘‘Department of Housing and 

14 Urban Development Public and Indian Housing—Tenant 

15 Based Rental Assistance’’ in chapter 10 of title I of division 

16 B of the Consolidated Security, Disaster Assistance, and 

17 Continuing Appropriations Act, 2009 (Public Law 110– 

18 329) are hereby rescinded. 

19 (b) All unobligated balances from funds appropriated 

20 under the heading ‘‘Department of Housing and Urban De21 velopment Public and Indian Housing—Project-Based 

22 Rental Assistance’’ in chapter 10 of title I of division B 

23 of the Consolidated Security, Disaster Assistance, and Con24 tinuing Appropriations Act, 2009 (Public Law 110–329; 
1147 

•HR 1865 EAH 

1 122 Stat. 324) (as amended by section 1203 of Public Law 

2 111–32; 123 Stat. 1859) are hereby rescinded. 

3 SEC. 238. Any public housing agency designated as a 

4 Moving to Work agency pursuant to section 239 of (Public 

5 Law 114–113) may, upon such designation, use funds (ex6 cept for special purpose funding, including special purpose 

7 vouchers) previously allocated to any such public housing 

8 agency under section 8 or 9 of the United States Housing 

9 Act of 1937, including any reserve funds held by the public 

10 housing agency or funds held by the Department of Housing 

11 and Urban Development, pursuant to the authority for use 

12 of section 8 or 9 funding provided under such section and 

13 section 204 of title II of the Departments of Veterans Affairs 

14 and Housing and Urban Development and Independent 

15 Agencies Appropriations Act, 1996 (Public Law 104–134), 

16 notwithstanding the purposes for which such funds were ap17 propriated. 

18 SEC. 239. None of the amounts made available by this 

19 Act or by Public Law 116–6 may be used to prohibit any 

20 public housing agency under receivership or the direction 

21 of a Federal monitor from applying for, receiving, or using 

22 funds made available under the heading ‘‘Public Housing 

23 Capital Fund’’ for competitive grants to evaluate and re24 duce lead-based paint hazards in this Act or that remain 

25 available and not awarded from prior Acts, or be used to 
1148 

•HR 1865 EAH 

1 prohibit a public housing agency from using such funds to 

2 carry out any required work pursuant to a settlement agree3 ment, consent decree, voluntary agreement, or similar docu4 ment for a violation of the Lead Safe Housing or Lead Dis5 closure Rules. 

6 This title may be cited as the ‘‘Department of Housing 

7 and Urban Development Appropriations Act, 2020’’. 

8 TITLE III 

9 RELATED AGENCIES 

10 ACCESS BOARD

11 SALARIES AND EXPENSES

12 For expenses necessary for the Access Board, as author13 ized by section 502 of the Rehabilitation Act of 1973, as 

14 amended, $9,200,000: Provided, That, notwithstanding any 

15 other provision of law, there may be credited to this appro16 priation funds received for publications and training ex17 penses: Provided further, That of this amount, $800,000 

18 shall be for activities authorized under section 432 of Public 

19 Law 115–254. 

20 FEDERAL MARITIME COMMISSION

21 SALARIES AND EXPENSES

22 For necessary expenses of the Federal Maritime Com23 mission as authorized by section 201(d) of the Merchant 

24 Marine Act, 1936, as amended (46 U.S.C. 307), including 

25 services as authorized by 5 U.S.C. 3109; hire of passenger 
1149 

•HR 1865 EAH 

1 motor vehicles as authorized by 31 U.S.C. 1343(b); and uni2 forms or allowances therefore, as authorized by 5 U.S.C. 

3 5901–5902, $28,000,000: Provided, That not to exceed 

4 $2,000 shall be available for official reception and represen5 tation expenses. 

6 NATIONAL RAILROAD PASSENGER CORPORATION

7 OFFICE OF INSPECTOR GENERAL

8 SALARIES AND EXPENSES

9 For necessary expenses of the Office of Inspector Gen10 eral for the National Railroad Passenger Corporation to 

11 carry out the provisions of the Inspector General Act of 

12 1978, as amended, $24,274,000: Provided, That the Inspec13 tor General shall have all necessary authority, in carrying 

14 out the duties specified in the Inspector General Act, as 

15 amended (5 U.S.C. App. 3), to investigate allegations of 

16 fraud, including false statements to the government (18 

17 U.S.C. 1001), by any person or entity that is subject to 

18 regulation by the National Railroad Passenger Corpora19 tion: Provided further, That the Inspector General may 

20 enter into contracts and other arrangements for audits, 

21 studies, analyses, and other services with public agencies 

22 and with private persons, subject to the applicable laws and 

23 regulations that govern the obtaining of such services within 

24 the National Railroad Passenger Corporation: Provided 

25 further, That the Inspector General may select, appoint, 
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•HR 1865 EAH 

1 and employ such officers and employees as may be nec2 essary for carrying out the functions, powers, and duties 

3 of the Office of Inspector General, subject to the applicable 

4 laws and regulations that govern such selections, appoint5 ments, and employment within the Corporation: Provided 

6 further, That concurrent with the President’s budget request 

7 for fiscal year 2021, the Inspector General shall submit to 

8 the House and Senate Committees on Appropriations a 

9 budget request for fiscal year 2021 in similar format and 

10 substance to those submitted by executive agencies of the 

11 Federal Government. 

12 NATIONAL TRANSPORTATION SAFETY BOARD

13 SALARIES AND EXPENSES

14 For necessary expenses of the National Transportation 

15 Safety Board, including hire of passenger motor vehicles 

16 and aircraft; services as authorized by 5 U.S.C. 3109, but 

17 at rates for individuals not to exceed the per diem rate 

18 equivalent to the rate for a GS–15; uniforms, or allowances 

19 therefor, as authorized by law (5 U.S.C. 5901–5902), 

20 $110,400,000, of which not to exceed $2,000 may be used 

21 for official reception and representation expenses. The 

22 amounts made available to the National Transportation 

23 Safety Board in this Act include amounts necessary to 

24 make lease payments on an obligation incurred in fiscal 

25 year 2001 for a capital lease. 
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•HR 1865 EAH 

1 NEIGHBORHOOD REINVESTMENT CORPORATION

2 PAYMENT TO THE NEIGHBORHOOD REINVESTMENT

3 CORPORATION

4 For payment to the Neighborhood Reinvestment Cor5 poration for use in neighborhood reinvestment activities, as 

6 authorized by the Neighborhood Reinvestment Corporation 

7 Act (42 U.S.C. 8101–8107), $157,500,000, of which 

8 $5,000,000 shall be for a multi-family rental housing pro9 gram: Provided, That an additional $1,000,000, to remain 

10 available until September 30, 2023, shall be for the pro11 motion and development of shared equity housing models. 

12 SURFACE TRANSPORTATION BOARD

13 SALARIES AND EXPENSES

14 For necessary expenses of the Surface Transportation 

15 Board, including services authorized by 5 U.S.C. 3109, 

16 $37,100,000: Provided, That notwithstanding any other 

17 provision of law, not to exceed $1,250,000 from fees estab18 lished by the Chairman of the Surface Transportation 

19 Board shall be credited to this appropriation as offsetting 

20 collections and used for necessary and authorized expenses 

21 under this heading: Provided further, That the sum herein 

22 appropriated from the general fund shall be reduced on a 

23 dollar-for-dollar basis as such offsetting collections are re24 ceived during fiscal year 2020, to result in a final appro-
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•HR 1865 EAH 

1 priation from the general fund estimated at no more than 

2 $35,850,000. 

3 UNITED STATES INTERAGENCY COUNCIL ON

4 HOMELESSNESS

5 OPERATING EXPENSES

6 For necessary expenses (including payment of salaries, 

7 authorized travel, hire of passenger motor vehicles, the rent8 al of conference rooms, and the employment of experts and 

9 consultants under section 3109 of title 5, United States 

10 Code) of the United States Interagency Council on Home11 lessness in carrying out the functions pursuant to title II 

12 of the McKinney-Vento Homeless Assistance Act, as amend13 ed, $3,800,000, to remain available until September 30, 

14 2021. 

15 TITLE IV 

16 GENERAL PROVISIONS—THIS ACT 

17 SEC. 401. None of the funds in this Act shall be used 

18 for the planning or execution of any program to pay the 

19 expenses of, or otherwise compensate, non-Federal parties 

20 intervening in regulatory or adjudicatory proceedings fund21 ed in this Act. 

22 SEC. 402. None of the funds appropriated in this Act 

23 shall remain available for obligation beyond the current fis24 cal year, nor may any be transferred to other appropria25 tions, unless expressly so provided herein. 
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•HR 1865 EAH 

1 SEC. 403. The expenditure of any appropriation under 

2 this Act for any consulting service through a procurement 

3 contract pursuant to section 3109 of title 5, United States 

4 Code, shall be limited to those contracts where such expendi5 tures are a matter of public record and available for public 

6 inspection, except where otherwise provided under existing 

7 law, or under existing Executive order issued pursuant to 

8 existing law. 

9 SEC. 404. (a) None of the funds made available in this 

10 Act may be obligated or expended for any employee training 

11 that— 

12 (1) does not meet identified needs for knowledge, 

13 skills, and abilities bearing directly upon the perform14 ance of official duties; 

15 (2) contains elements likely to induce high levels 

16 of emotional response or psychological stress in some 

17 participants; 

18 (3) does not require prior employee notification 

19 of the content and methods to be used in the training 

20 and written end of course evaluation; 

21 (4) contains any methods or content associated 

22 with religious or quasi-religious belief systems or 

23 ‘‘new age’’ belief systems as defined in Equal Employ24 ment Opportunity Commission Notice N–915.022, 

25 dated September 2, 1988; or 
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•HR 1865 EAH 

1 (5) is offensive to, or designed to change, partici2 pants’ personal values or lifestyle outside the work3 place. 

4 (b) Nothing in this section shall prohibit, restrict, or 

5 otherwise preclude an agency from conducting training 

6 bearing directly upon the performance of official duties. 

7 SEC. 405. Except as otherwise provided in this Act, 

8 none of the funds provided in this Act, provided by previous 

9 appropriations Acts to the agencies or entities funded in 

10 this Act that remain available for obligation or expenditure 

11 in fiscal year 2020, or provided from any accounts in the 

12 Treasury derived by the collection of fees and available to 

13 the agencies funded by this Act, shall be available for obliga14 tion or expenditure through a reprogramming of funds 

15 that— 

16 (1) creates a new program; 

17 (2) eliminates a program, project, or activity; 

18 (3) increases funds or personnel for any pro19 gram, project, or activity for which funds have been 

20 denied or restricted by the Congress; 

21 (4) proposes to use funds directed for a specific 

22 activity by either the House or Senate Committees on 

23 Appropriations for a different purpose; 
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•HR 1865 EAH 

1 (5) augments existing programs, projects, or ac2 tivities in excess of $5,000,000 or 10 percent, which3 ever is less; 

4 (6) reduces existing programs, projects, or activi5 ties by $5,000,000 or 10 percent, whichever is less; or 

6 (7) creates, reorganizes, or restructures a branch, 

7 division, office, bureau, board, commission, agency, 

8 administration, or department different from the 

9 budget justifications submitted to the Committees on 

10 Appropriations or the table accompanying the joint 

11 explanatory statement accompanying this Act, which12 ever is more detailed, unless prior approval is re13 ceived from the House and Senate Committees on Ap14 propriations: Provided, That not later than 60 days 

15 after the date of enactment of this Act, each agency 

16 funded by this Act shall submit a report to the Com17 mittees on Appropriations of the Senate and of the 

18 House of Representatives to establish the baseline for 

19 application of reprogramming and transfer authori20 ties for the current fiscal year: Provided further, That 

21 the report shall include— 

22 (A) a table for each appropriation with a 

23 separate column to display the prior year en24 acted level, the President’s budget request, adjust25 ments made by Congress, adjustments due to en-
1156 

•HR 1865 EAH 

1 acted rescissions, if appropriate, and the fiscal 

2 year enacted level; 

3 (B) a delineation in the table for each ap4 propriation and its respective prior year enacted 

5 level by object class and program, project, and 

6 activity as detailed in this Act, the table accom7 panying the explanatory statement accom8 panying this Act, accompanying reports of the 

9 House and Senate Committee on Appropriations, 

10 or in the budget appendix for the respective ap11 propriations, whichever is more detailed, and 

12 shall apply to all items for which a dollar 

13 amount is specified and to all programs for 

14 which new budget (obligational) authority is 

15 provided, as well as to discretionary grants and 

16 discretionary grant allocations; and 

17 (C) an identification of items of special con18 gressional interest. 

19 SEC. 406. Except as otherwise specifically provided by 

20 law, not to exceed 50 percent of unobligated balances re21 maining available at the end of fiscal year 2020 from ap22 propriations made available for salaries and expenses for 

23 fiscal year 2020 in this Act, shall remain available through 

24 September 30, 2021, for each such account for the purposes 

25 authorized: Provided, That a request shall be submitted to 
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1 the House and Senate Committees on Appropriations for 

2 approval prior to the expenditure of such funds: Provided 

3 further, That these requests shall be made in compliance 

4 with reprogramming guidelines under section 405 of this 

5 Act. 

6 SEC. 407. No funds in this Act may be used to support 

7 any Federal, State, or local projects that seek to use the 

8 power of eminent domain, unless eminent domain is em9 ployed only for a public use: Provided, That for purposes 

10 of this section, public use shall not be construed to include 

11 economic development that primarily benefits private enti12 ties: Provided further, That any use of funds for mass tran13 sit, railroad, airport, seaport or highway projects, as well 

14 as utility projects which benefit or serve the general public 

15 (including energy-related, communication-related, water-re16 lated and wastewater-related infrastructure), other struc17 tures designated for use by the general public or which have 

18 other common-carrier or public-utility functions that serve 

19 the general public and are subject to regulation and over20 sight by the government, and projects for the removal of an 

21 immediate threat to public health and safety or brownfields 

22 as defined in the Small Business Liability Relief and 

23 Brownfields Revitalization Act (Public Law 107–118) shall 

24 be considered a public use for purposes of eminent domain. 
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1 SEC. 408. None of the funds made available in this 

2 Act may be transferred to any department, agency, or in3 strumentality of the United States Government, except pur4 suant to a transfer made by, or transfer authority provided 

5 in, this Act or any other appropriations Act. 

6 SEC. 409. No part of any appropriation contained in 

7 this Act shall be available to pay the salary for any person 

8 filling a position, other than a temporary position, formerly 

9 held by an employee who has left to enter the Armed Forces 

10 of the United States and has satisfactorily completed his 

11 or her period of active military or naval service, and has 

12 within 90 days after his or her release from such service 

13 or from hospitalization continuing after discharge for a pe14 riod of not more than 1 year, made application for restora15 tion to his or her former position and has been certified 

16 by the Office of Personnel Management as still qualified to 

17 perform the duties of his or her former position and has 

18 not been restored thereto. 

19 SEC. 410. No funds appropriated pursuant to this Act 

20 may be expended by an entity unless the entity agrees that 

21 in expending the assistance the entity will comply with sec22 tions 2 through 4 of the Act of March 3, 1933 (41 U.S.C. 

23 8301–8305, popularly known as the ‘‘Buy American Act’’). 

24 SEC. 411. No funds appropriated or otherwise made 

25 available under this Act shall be made available to any per-
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1 son or entity that has been convicted of violating the Buy 

2 American Act (41 U.S.C. 8301–8305). 

3 SEC. 412. None of the funds made available in this 

4 Act may be used for first-class airline accommodations in 

5 contravention of sections 301–10.122 and 301–10.123 of 

6 title 41, Code of Federal Regulations. 

7 SEC. 413. (a) None of the funds made available by this 

8 Act may be used to approve a new foreign air carrier per9 mit under sections 41301 through 41305 of title 49, United 

10 States Code, or exemption application under section 40109 

11 of that title of an air carrier already holding an air opera12 tors certificate issued by a country that is party to the U.S.- 

13 E.U.-Iceland-Norway Air Transport Agreement where such 

14 approval would contravene United States law or Article 17 

15 bis of the U.S.-E.U.-Iceland-Norway Air Transport Agree16 ment. 

17 (b) Nothing in this section shall prohibit, restrict or 

18 otherwise preclude the Secretary of Transportation from 

19 granting a foreign air carrier permit or an exemption to 

20 such an air carrier where such authorization is consistent 

21 with the U.S.-E.U.-Iceland-Norway Air Transport Agree22 ment and United States law. 

23 SEC. 414. None of the funds made available in this 

24 Act may be used to send or otherwise pay for the attendance 

25 of more than 50 employees of a single agency or department 
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1 of the United States Government, who are stationed in the 

2 United States, at any single international conference unless 

3 the relevant Secretary reports to the House and Senate 

4 Committees on Appropriations at least 5 days in advance 

5 that such attendance is important to the national interest: 

6 Provided, That for purposes of this section the term ‘‘inter7 national conference’’ shall mean a conference occurring out8 side of the United States attended by representatives of the 

9 United States Government and of foreign governments, 

10 international organizations, or nongovernmental organiza11 tions. 

12 SEC. 415. None of the funds appropriated or otherwise 

13 made available under this Act may be used by the Surface 

14 Transportation Board to charge or collect any filing fee for 

15 rate or practice complaints filed with the Board in an 

16 amount in excess of the amount authorized for district court 

17 civil suit filing fees under section 1914 of title 28, United 

18 States Code. 

19 SEC. 416. None of the funds made available by this 

20 Act may be used by the Department of Transportation, the 

21 Department of Housing and Urban Development, or any 

22 other Federal agency to lease or purchase new light duty 

23 vehicles for any executive fleet, or for an agency’s fleet in24 ventory, except in accordance with Presidential Memo25 randum—Federal Fleet Performance, dated May 24, 2011. 
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1 SEC. 417. (a) None of the funds made available in this 

2 Act may be used to maintain or establish a computer net3 work unless such network blocks the viewing, downloading, 

4 and exchanging of pornography. 

5 (b) Nothing in subsection (a) shall limit the use of 

6 funds necessary for any Federal, State, tribal, or local law 

7 enforcement agency or any other entity carrying out crimi8 nal investigations, prosecution, or adjudication activities. 

9 SEC. 418. (a) None of the funds made available in this 

10 Act may be used to deny an Inspector General funded under 

11 this Act timely access to any records, documents, or other 

12 materials available to the department or agency over which 

13 that Inspector General has responsibilities under the In14 spector General Act of 1978 (5 U.S.C. App.), or to prevent 

15 or impede that Inspector General’s access to such records, 

16 documents, or other materials, under any provision of law, 

17 except a provision of law that expressly refers to the Inspec18 tor General and expressly limits the Inspector General’s 

19 right of access. 

20 (b) A department or agency covered by this section 

21 shall provide its Inspector General with access to all such 

22 records, documents, and other materials in a timely man23 ner. 

24 (c) Each Inspector General shall ensure compliance 

25 with statutory limitations on disclosure relevant to the in-
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1 formation provided by the establishment over which that In2 spector General has responsibilities under the Inspector 

3 General Act of 1978 (5 U.S.C. App.). 

4 (d) Each Inspector General covered by this section 

5 shall report to the Committees on Appropriations of the 

6 House of Representatives and the Senate within 5 calendar 

7 days any failures to comply with this requirement. 

8 SEC. 419. None of the funds appropriated or otherwise 

9 made available by this Act may be used to pay award or 

10 incentive fees for contractors whose performance has been 

11 judged to be below satisfactory, behind schedule, over budget, 

12 or has failed to meet the basic requirements of a contract, 

13 unless the Agency determines that any such deviations are 

14 due to unforeseeable events, government-driven scope 

15 changes, or are not significant within the overall scope of 

16 the project and/or program unless such awards or incentive 

17 fees are consistent with 16.401(e)(2) of the Federal Acquisi18 tion Regulations. 

19 SEC. 420. Except as expressly provided otherwise, any 

20 reference to ‘‘this Act’’ contained in this division shall be 

21 treated as referring only to the provisions of this division. 

22 SEC. 421. None of the funds made available by this 

23 Act may be used in contravention of section 5309(d)(2) of 

24 title 49, United States Code. 
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1 SEC. 422. None of the funds made available by this 

2 division may be used to issue rules or guidance in con3 travention of section 1210 of Public Law 115–254 (132 

4 Stat. 3442) or section 312 of the Robert T. Stafford Disaster 

5 Relief and Emergency Assistance Act (42 U.S.C. 5155). 

6 SEC. 423. None of the funds made available by this 

7 division may be used in contravention of section 2635.702 

8 of title 5, Code of Federal Regulations. 

9 SEC. 424. Of the unobligated balances of funds remain10 ing from— 

11 (1) Public Law 91–605, and any other Act, ap12 propriated to the ‘‘Rail Crossings Demonstration 

13 Projects’’ account under Treasury Account Fund 

14 Symbol 69X0555, a total of $517,220.20 is hereby 

15 permanently rescinded; 

16 (2) Public Law 92–18, and any other Act, ap17 propriated to the ‘‘Darien Gap Highway’’ account 

18 under Treasury Account Fund Symbol 69X0553, a 

19 total of $2,037,034.50 is hereby permanently re20 scinded; 

21 (3) Public Law 93–87, and any other Act, ap22 propriated to the ‘‘Alaska Highway’’ account under 

23 Treasury Account Fund Symbol 69X0537, a total of 

24 $62,861.61 is hereby permanently rescinded; 
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1 (4) Public Law 94–387, and any other Act, ap2 propriated to the ‘‘Railroad-Highway Crossings Dem3 onstration Projects’’ account under Treasury Account 

4 Fund Symbol 69X0557, a total of $2,035,137.12 is 

5 hereby permanently rescinded; 

6 (5) Public Law 97–257, and any other Act, ap7 propriated to the ‘‘Access Highways to Public Recre8 ation Areas on Certain Lakes’’ account under Treas9 ury Account Fund Symbol 69X0503, a total of 

10 $352,333.19 is hereby permanently rescinded; 

11 (6) Public Law 99–190, and any other Act, ap12 propriated to the ‘‘Highway Beautification’’ account 

13 under Treasury Account Fund Symbol 69X0540, a 

14 total of $488,909.57 is hereby permanently rescinded; 

15 (7) Public Law 101–164, and any other Act, ap16 propriated to the ‘‘Highway Demonstration Projects17 Preliminary Engineering’’ account under Treasury 

18 Account Fund Symbol 69X0583, a total of 

19 $2,601,431.71 is hereby permanently rescinded; 

20 (8) Public Law 101–516, and any other Act, ap21 propriated to the ‘‘Highway Demonstration Projects’’ 

22 account under Treasury Account Fund Symbol 

23 69X0598, a total of $1,341 is hereby permanently re24 scinded; 
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•HR 1865 EAH 

1 (9) Public Law 102–143, and any other Act, ap2 propriated to the ‘‘Highway Studies Feasibility, De3 sign, Environmental, Engineering’’ account under 

4 Treasury Account Fund Symbol 69X0533, a total of 

5 $262,204.01 is hereby permanently rescinded; 

6 (10) Public Law 103–331, and any other Act, 

7 appropriated to the ‘‘Surface Transportation 

8 Projects’’ account under Treasury Account Fund 

9 Symbol 69X0505, a total of $573,097.13 is hereby 

10 permanently rescinded; and 

11 (11) Public Law 107–87, and any other Act, ap12 propriated to the ‘‘Miscellaneous Highway Project’’ 

13 account under Treasury Account Fund Symbol 

14 69X0641, a total of $11,003,637 is hereby perma15 nently rescinded. 

16 SEC. 425. (a) Section 127(l)(3)(A) of title 23, United 

17 States Code, is amended— 

18 (1) in the matter preceding clause (i), in the 

19 first sentence, by striking ‘‘clause (i) or (ii)’’ and in20 serting ‘‘clauses (i) through (iv)’’; and 

21 (2) by adding at the end the following: 

22 ‘‘(iii) The Wendell H. Ford (Western 

23 Kentucky) Parkway (to be designated as a 

24 spur of Interstate Route 69) from the inter25 change with the William H. Natcher Park-
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•HR 1865 EAH 

1 way in Ohio County, Kentucky, west to the 

2 interchange of the Western Kentucky Park3 way with the Edward T. Breathitt 

4 (Pennyrile) Parkway. 

5 ‘‘(iv) The Edward T. Breathitt 

6 (Pennyrile) Parkway (to be designated as a 

7 spur of Interstate Route 69) from Interstate 

8 24, north to Interstate 69.’’. 

9 (b) DESIGNATION AS HIGH PRIORITY CORRIDOR.— 

10 Section 1105(c) of the Intermodal Surface Transportation 

11 Efficiency Act of 1991 (Public Law 102–240; 105 Stat. 

12 2032; 131 Stat. 797) is amended by adding at the end the 

13 following: 

14 ‘‘(91) The Wendell H. Ford (Western Kentucky) 

15 Parkway from the interchange with the William H. 

16 Natcher Parkway in Ohio County, Kentucky, west to 

17 the interchange of the Western Kentucky Parkway 

18 with the Edward T. Breathitt (Pennyrile) Parkway.’’. 

19 (c) DESIGNATION AS FUTURE INTERSTATE.—Section 

20 1105(e)(5)(A) of the Intermodal Surface Transportation Ef21 ficiency Act of 1991 (Public Law 102–240; 109 Stat. 597; 

22 131 Stat. 797) is amended in the first sentence by striking 

23 ‘‘and subsection (c)(90)’’ and inserting ‘‘subsection (c)(90), 

24 and subsection (c)(91)’’. 
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1 (d) NUMBERING OF PARKWAY.—Section 

2 1105(e)(5)(C)(i) of the Intermodal Surface Transportation 

3 Efficiency Act of 1991 (Public Law 102–240; 109 Stat. 598; 

4 126 Stat. 426; 131 Stat. 797) is amended by adding at the 

5 end the following: ‘‘The route referred to in subsection 

6 (c)(91) is designated as Interstate Route I–569.’’. 

7 (e) EXEMPTION.—Notwithstanding section 111 of title 

8 23, United States Code, if the segment of highway described 

9 in paragraph (91) of section 1105(c) of the Intermodal Sur10 face Transportation Efficiency Act of 1991 (Public Law 

11 102–240; 105 Stat. 2032; 131 Stat. 797) is designated as 

12 a route on the Interstate System, any commercial establish13 ment operating legally in a rest area on that segment before 

14 the date of that designation may continue to operate in the 

15 Interstate right-of-way, subject to the Interstate access 

16 standards established under section 111 of that title. 

17 This division may be cited as the ‘‘Transportation, 

18 Housing and Urban Development, and Related Agencies 

19 Appropriations Act, 2020’’. 

20 DIVISION I—EXTENSIONS 

21 TITLE I 

22 IMMIGRATION EXTENSIONS 

23 SEC. 101. Section 401(b) of the Illegal Immigration 

24 Reform and Immigrant Responsibility Act of 1996 (8 
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1 U.S.C. 1324a note) shall be applied by substituting ‘‘Sep2 tember 30, 2020’’ for ‘‘September 30, 2015’’. 

3 SEC. 102. Subclauses 101(a)(27)(C)(ii)(II) and (III) 

4 of the Immigration and Nationality Act (8 U.S.C. 

5 1101(a)(27)(C)(ii)(II) and (III)) shall be applied by sub6 stituting ‘‘September 30, 2020’’ for ‘‘September 30, 2015’’. 

7 SEC. 103. Section 220(c) of the Immigration and Na8 tionality Technical Corrections Act of 1994 (8 U.S.C. 1182 

9 note) shall be applied by substituting ‘‘September 30, 2020’’ 

10 for ‘‘September 30, 2015’’. 

11 SEC. 104. Section 610(b) of the Departments of Com12 merce, Justice, and State, the Judiciary, and Related Agen13 cies Appropriations Act, 1993 (8 U.S.C. 1153 note) shall 

14 be applied by substituting ‘‘September 30, 2020’’ for ‘‘Sep15 tember 30, 2015’’. 

16 SEC. 105. Notwithstanding the numerical limitation 

17 set forth in section 214(g)(1)(B) of the Immigration and 

18 Nationality Act (8 U.S.C. 1184(g)(1)(B)), the Secretary of 

19 Homeland Security, after consultation with the Secretary 

20 of Labor, and upon the determination that the needs of 

21 American businesses cannot be satisfied in fiscal year 2020 

22 with United States workers who are willing, qualified, and 

23 able to perform temporary nonagricultural labor, may in24 crease the total number of aliens who may receive a visa 

25 under section 101(a)(15)(H)(ii)(b) of such Act (8 U.S.C. 
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•HR 1865 EAH 

1 1101(a)(15)(H)(ii)(b)) in such fiscal year above such limi2 tation by not more than the highest number of H–2B non3 immigrants who participated in the H–2B returning work4 er program in any fiscal year in which returning workers 

5 were exempt from such numerical limitation. 

6 TITLE II 

7 NATIONAL FLOOD INSURANCE PROGRAM 

8 EXTENSION 

9 SEC. 201. Sections 1309(a) and 1319 of the National 

10 Flood Insurance Act of 1968 (42 U.S.C. 4016(a) and 4026) 

11 shall be applied by substituting ‘‘September 30, 2020’’ for 

12 ‘‘September 30, 2019’’. 

13 TITLE III—SECURE RURAL 

14 SCHOOLS AND COMMUNITY 

15 SELF-DETERMINATION EX16 TENSION 

17 SEC. 301. EXTENSION OF THE SECURE RURAL SCHOOLS 

18 AND COMMUNITY SELF-DETERMINATION ACT 

19 OF 2000. 

20 (a) SECURE PAYMENTS FOR STATES AND COUNTIES

21 CONTAINING FEDERAL LAND.— 

22 (1) SECURE PAYMENTS.—Section 101 of the Se23 cure Rural Schools and Community Self-Determina24 tion Act of 2000 (16 U.S.C. 7111) is amended, in 

25 subsections (a) and (b), by striking ‘‘and 2018’’ each 
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1 place it appears and inserting ‘‘2018, 2019, and 

2 2020’’. 

3 (2) PAYMENTS TO STATES AND COUNTIES.— 

4 (A) ELECTION TO RECEIVE PAYMENT

5 AMOUNT.—Section 102(b) of the Secure Rural 

6 Schools and Community Self-Determination Act 

7 of 2000 (16 U.S.C. 7112(b)) is amended— 

8 (i) in paragraph (1)(D)— 

9 (I) in the subparagraph heading, 

10 by striking ‘‘FOR FISCAL YEARS 2017

11 AND 2018’’ and inserting ‘‘FOR EACH OF

12 FISCAL YEARS 2017 THROUGH 2020’’; 

13 and 

14 (II) by striking ‘‘for fiscal years 

15 2017 or 2018’’ and inserting ‘‘for each 

16 of fiscal years 2017 through 2020’’; 

17 and 

18 (ii) in paragraph (2), in subpara19 graphs (A) and (B), by striking ‘‘for fiscal 

20 years 2017 and 2018’’ each place it appears 

21 and inserting ‘‘for each of fiscal years 2017 

22 through 2020’’. 

23 (B) EXPENDITURE RULES FOR ELIGIBLE

24 COUNTIES.—Section 102(d) of the Secure Rural 
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1 Schools and Community Self-Determination Act 

2 of 2000 (16 U.S.C. 7112(d)) is amended— 

3 (i) in paragraph (1)(F)— 

4 (I) in the subparagraph heading, 

5 by striking ‘‘FOR FISCAL YEARS 2017

6 AND 2018’’ and inserting ‘‘FOR EACH OF

7 FISCAL YEARS 2017 THROUGH 2020’’; 

8 and 

9 (II) by striking ‘‘for fiscal years 

10 2017 and 2018’’ and inserting ‘‘for 

11 each of fiscal years 2017 through 

12 2020’’; and 

13 (ii) in paragraph (3)(D)— 

14 (I) in the subparagraph heading, 

15 by striking ‘‘FOR FISCAL YEARS 2017

16 AND 2018’’ and inserting ‘‘FOR EACH OF

17 FISCAL YEARS 2017 THROUGH 2020’’; 

18 and 

19 (II) by striking ‘‘for fiscal years 

20 2017 and 2018’’ and inserting ‘‘for 

21 each of fiscal years 2017 through 

22 2020’’. 

23 (C) DISTRIBUTION OF PAYMENTS TO ELIGI24 BLE COUNTIES.—Section 103(d)(2) of the Secure 

25 Rural Schools and Community Self-Determina-
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1 tion Act of 2000 (16 U.S.C. 7113(d)(2)) is 

2 amended by striking ‘‘through and for fiscal 

3 years 2017 and 2018’’ and inserting ‘‘through 

4 2015 and for each of fiscal years 2017 through 

5 2020’’. 

6 (b) EXTENSION OF AUTHORITY TO CONDUCT SPECIAL

7 PROJECTS ON FEDERAL LAND.— 

8 (1) EXISTING ADVISORY COMMITTEES.—Section 

9 205(a)(4) of the Secure Rural Schools and Commu10 nity Self-Determination Act of 2000 (16 U.S.C. 

11 7125(a)(4)) is amended by striking ‘‘September 29, 

12 2018’’ each place it appears and inserting ‘‘December 

13 20, 2021’’. 

14 (2) TERMINATION OF AUTHORITY.—Section 208 

15 of the Secure Rural Schools and Community Self-De16 termination Act of 2000 (16 U.S.C. 7128) is amend17 ed— 

18 (A) in subsection (a), by striking ‘‘2020’’ 

19 and inserting ‘‘2022’’; and 

20 (B) in subsection (b), by striking ‘‘2021’’ 

21 and inserting ‘‘2023’’. 

22 (c) EXTENSION OF AUTHORITY TO EXPEND COUNTY

23 FUNDS.—Section 304 of the Secure Rural Schools and 

24 Community Self-Determination Act of 2000 (16 U.S.C. 

25 7144) is amended— 
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1 (1) in subsection (a), by striking ‘‘2020’’ and in2 serting ‘‘2022’’; and 

3 (2) in subsection (b), by striking ‘‘2021’’ and in4 serting ‘‘2023’’. 

5 TITLE IV—EXPORT-IMPORT 

6 BANK EXTENSION 

7 SEC. 401. AUTHORIZATION PERIOD. 

8 (a) IN GENERAL.—Section 7 of the Export-Import 

9 Bank Act of 1945 (12 U.S.C. 635f) is amended by striking 

10 ‘‘September 30, 2019’’ and inserting ‘‘December 31, 2026’’. 

11 (b) EXPOSURE LIMIT.—Section 6(a)(2) of such Act (12 

12 U.S.C. 635e(a)(2)) is amended by striking ‘‘for each of fis13 cal years 2015 through 2019’’ and inserting ‘‘for each of 

14 fiscal years 2020 through 2027’’. 

15 SEC. 402. PROGRAM ON CHINA AND TRANSFORMATIONAL 

16 EXPORTS. 

17 (a) IN GENERAL.—Section 2 of the Export-Import 

18 Bank Act of 1945 (12 U.S.C. 635) is amended by adding 

19 at the end the following: 

20 ‘‘(l) PROGRAM ON CHINA AND TRANSFORMATIONAL

21 EXPORTS.— 

22 ‘‘(1) IN GENERAL.—The Bank shall establish a 

23 Program on China and Transformational Exports to 

24 support the extension of loans, guarantees, and insur25 ance, at rates and on terms and other conditions, to 
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1 the extent practicable, that are fully competitive with 

2 rates, terms, and other conditions established by the 

3 People’s Republic of China or by a covered country, 

4 that aim to— 

5 ‘‘(A) directly neutralize export subsidies for 

6 competing goods and services financed by official 

7 export credit, tied aid, or blended financing pro8 vided by the People’s Republic of China or by a 

9 covered country; or 

10 ‘‘(B) advance the comparative leadership of 

11 the United States with respect to the People’s Re12 public of China, or support United States inno13 vation, employment, and technological stand14 ards, through direct exports in any of the fol15 lowing areas: 

16 ‘‘(i) Artificial intelligence. 

17 ‘‘(ii) Biotechnology. 

18 ‘‘(iii) Biomedical sciences. 

19 ‘‘(iv) Wireless communications equip20 ment (including 5G or subsequent wireless 

21 technologies). 

22 ‘‘(v) Quantum computing. 

23 ‘‘(vi) Renewable energy, energy effi24 ciency, and energy storage. 
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1 ‘‘(vii) Semiconductor and semicon2 ductor machinery manufacturing. 

3 ‘‘(viii) Emerging financial tech4 nologies, including technologies that facili5 tate— 

6 ‘‘(I) financial inclusion through 

7 increased access to capital and finan8 cial services; 

9 ‘‘(II) data security and privacy; 

10 ‘‘(III) payments, the transfer of 

11 funds, and associated messaging serv12 ices; and 

13 ‘‘(IV) efforts to combat money 

14 laundering and the financing of ter15 rorism. 

16 ‘‘(ix) Water treatment and sanitation, 

17 including technologies and infrastructure to 

18 reduce contaminants and improve water 

19 quality. 

20 ‘‘(x) High performance computing. 

21 ‘‘(xi) Associated services necessary for 

22 use of any of the foregoing exports. 

23 ‘‘(2) COVERED COUNTRIES.—In this subsection, 

24 the term ‘covered country’ means any country that— 
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•HR 1865 EAH 

1 ‘‘(A) the Secretary of the Treasury des2 ignates as a covered country in a report to the 

3 Committee on Financial Services of the House of 

4 Representatives and the Committee on Banking, 

5 Housing, and Urban Development of the Senate; 

6 ‘‘(B) is not a participant in the Arrange7 ment on Officially Supported Export Credits of 

8 the Organization for Economic Cooperation and 

9 Development (in this subsection referred to as the 

10 ‘Arrangement’); and 

11 ‘‘(C) is not in substantial compliance with 

12 the financial terms and conditions of the Ar13 rangement. 

14 ‘‘(3) FINANCING.— 

15 ‘‘(A) IN GENERAL.—It shall be a goal of the 

16 Bank to reserve not less than 20 percent of the 

17 applicable amount (as defined in section 6(a)(2)) 

18 for support made pursuant to the Program on 

19 China and Transformational Exports. 

20 ‘‘(B) EXCEPTION.—The Secretary of the 

21 Treasury may reduce or eliminate the 20 percent 

22 goal in subparagraph (A), on reporting to the 

23 Committee on Financial Services of the House of 

24 Representatives and the Committee on Banking, 

25 Housing, and Urban Affairs of the Senate that 
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1 the People’s Republic of China is in substantial 

2 compliance with— 

3 ‘‘(i) the financial terms and conditions 

4 of the Arrangement; and 

5 ‘‘(ii) the rules and principles of the 

6 Paris Club. 

7 ‘‘(C) SUNSET AND REPORT.—The program 

8 established under paragraph (1) shall expire on 

9 December 31, 2026. Not later than 4 years after 

10 enactment of this subsection, the President of the 

11 Bank shall submit a report to the Committee on 

12 Financial Services of the House of Representa13 tives and the Committee on Banking, Housing, 

14 and Urban Affairs of the Senate assessing the 

15 following: 

16 ‘‘(i) The capacity and demand of 

17 United States entities to export goods and 

18 services in the areas described in paragraph 

19 (1)(B), as assessed in consultation with the 

20 Secretary of Commerce. 

21 ‘‘(ii) The availability of private-sector 

22 financing for exports in the areas. 

23 ‘‘(iii) The feasibility and advisability 

24 of continuing the goal of subparagraph (A) 
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1 of this paragraph with respect to paragraph 

2 (1)(B) after December 31, 2026. 

3 ‘‘(D) NATIONAL ADVISORY COUNCIL ON

4 INTERNATIONAL MONETARY AND FINANCIAL

5 PROBLEMS.—The National Advisory Council on 

6 International Monetary and Financial Problems 

7 shall ensure that Bank authorizations pursuant 

8 to the Program on China and Transformational 

9 Exports are considered or reviewed expeditiously, 

10 consistent with the other credit standards re11 quired by law.’’. 

12 (b) REQUIRED REPORTING.—Section 8 of such Act (12 

13 U.S.C. 635g) is amended by adding at the end the following: 

14 ‘‘(l) REPORT ON AUTHORIZATIONS UNDER THE PRO15 GRAM ON CHINA AND TRANSFORMATIONAL EXPORTS.—The 

16 Bank shall include in its annual report to Congress under 

17 subsection (a) a narrative and financial summary of the 

18 authorizations made under the Program on China and 

19 Transformational Exports.’’. 

20 (c) RULE OF CONSTRUCTION.—Nothing in section 

21 2(l)(1)(B) of the Export-Import Bank Act of 1945 shall be 

22 construed to weaken any export controls affecting critical 

23 technologies (as defined in section 721(a)(6)(A) of the De24 fense Production Act of 1950 (50 U.S.C. 4565(a)(6)(A))). 
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1 SEC. 403. SMALL BUSINESS POLICY. 

2 Section 2(b)(1) of the Export-Import Bank Act of 1945 

3 (12 U.S.C. 635(b)(1)) is amended by striking subparagraph 

4 (E)(i)(I) and inserting the following: 

5 ‘‘(E)(i)(I) It is further the policy of the United States 

6 to encourage the participation of small business (including 

7 women-owned businesses, minority-owned businesses, vet8 eran-owned businesses, businesses owned by persons with 

9 disabilities, and businesses in rural areas) and start-up 

10 businesses in international commerce, and to educate such 

11 businesses about how to export goods using the Bank.’’. 

12 SEC. 404. INCREASE IN SMALL BUSINESS THRESHOLD. 

13 (a) IN GENERAL.—Section 2(b)(1)(E)(v) of the Ex14 port-Import Bank Act of 1945 (12 U.S.C. 635(b)(1)(E)(v)) 

15 is amended by striking ‘‘25’’ and inserting ‘‘30’’. 

16 (b) EFFECTIVE DATE.—The amendment made by sub17 section (a) shall take effect on January 1, 2021. 

18 SEC. 405. EXCLUSION OF UNUTILIZED INSURANCE AUTHOR19 ITY IN CALCULATING SMALL BUSINESS 

20 THRESHOLD. 

21 Section 2(b)(1)(E)(v) of the Export-Import Bank Act 

22 of 1945 (12 U.S.C. 635(b)(1)(E)(v)) is amended by adding 

23 at the end the following: ‘‘For the purpose of calculating 

24 the amounts of authority required under this clause, the 

25 Bank shall, with respect to insurance, exclude unutilized 

26 authorizations that terminated during the fiscal year.’’. 
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1 SEC. 406. ANTI-FRAUD REFORMS. 

2 Section 2 of the Export-Import Bank Act of 1945 (12 

3 U.S.C. 635) is amended— 

4 (1) in subsection (f), by striking the period and 

5 inserting: ‘‘, and shall deny an application for assist6 ance if the end user, borrower, lender, or exporter has 

7 been convicted of an act of fraud or corruption in 

8 connection with an application for support from the 

9 Bank made in the preceding 5 years. The Bank may 

10 proceed with an application described in this sub11 section only if an end user, borrower, lender, or ex12 porter can be fully excluded from the transaction.’’; 

13 and 

14 (2) in subsection (i), by striking ‘‘should re15 quire’’ and inserting ‘‘shall require’’. 

16 SEC. 407. FINANCING FOR RENEWABLE ENERGY, ENERGY 

17 EFFICIENCY, AND ENERGY STORAGE TECH18 NOLOGIES. 

19 Section 2(b)(1)(K) of the Export-Import Bank Act of 

20 1945 (12 U.S.C. 635(b)(1)(K)) is amended by inserting ‘‘, 

21 energy efficiency (including battery electric vehicles, bat22 teries for electric vehicles, and electric vehicle charging in23 frastructure), and energy storage. It shall be a goal of the 

24 Bank to ensure that not less than 5 percent of the applicable 

25 amount (as defined in section 6(a)(2)) is made available 

26 each fiscal year for the financing of renewable energy, en-
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1 ergy efficiency (including battery electric vehicles, batteries 

2 for electric vehicles, and electric vehicle charging infrastruc3 ture), and energy storage technology exports’’ before the pe4 riod. 

5 SEC. 408. REPORTING ON FINANCING RELATED TO CHINA. 

6 (a) NATIONAL INTEREST REPORT.—Before author7 izing a loan or guarantee for a transaction in an amount 

8 greater than $25,000,000 for which the end user, lender, or 

9 obligor is the government of China, the President of the Ex10 port-Import Bank of the United States (in this section re11 ferred to as the ‘‘Bank’’) shall— 

12 (1) report to the Committee on Financial Serv13 ices of the House of Representatives and the Com14 mittee on Banking, Housing, and Urban Affairs of 

15 the Senate that the Bank has consulted with the Sec16 retary of State and any other relevant department or 

17 agency, as deemed appropriate by the President of the 

18 United States, to assess any risks posed by the entity 

19 or the transaction to the national interest of the 

20 United States; and 

21 (2) include a summary of the transaction and 

22 the consultation. 

23 (b) FORM OF REPORT.—The report described in sub24 section (a) shall be submitted in unclassified form but may 

25 include a classified annex. 
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1 (c) RELATED POLICIES.— 

2 (1) The Board of Directors of the Bank shall pre3 scribe policies for the Bank with respect to— 

4 (A) procedures required by the consultation 

5 described in subsection (a)(1); 

6 (B) establishment of a period of not less 

7 than 25 days to complete the consultations de8 scribed in subsection (a) during which time con9 sulted parties may submit any appropriate in10 formation to the Bank; and 

11 (C) efforts by the Bank to assess and deter12 mine ownership or control by the government of 

13 China pursuant to the requirements of subsection 

14 (a). 

15 (2) In prescribing the policies described under 

16 paragraph (1) of this subsection, the Board of Direc17 tors of the Bank shall— 

18 (A) consult with the Secretary of State with 

19 respect to the procedures referred to in subpara20 graphs (A) and (B) of paragraph (1) of this sub21 section, and seek to ensure that the procedures— 

22 (i) are consistent, wherever appro23 priate, with national interest determina24 tions made under section 2(b)(1)(B) of the 

25 Export-Import Bank Act of 1945; and 
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•HR 1865 EAH 

1 (ii) include coordination between the 

2 Secretary of State and the Director of Na3 tional Intelligence, wherever appropriate; 

4 and 

5 (B) consult with the Secretary of the Treas6 ury with respect to the efforts described in para7 graph (1)(C) of this subsection. 

8 (d) DEFINITION.—For the purposes of this section, the 

9 term ‘‘government of China’’ means any person that the 

10 Bank has reason to believe is— 

11 (1) the state and the government of China, as 

12 well as any political subdivision, agency, or instru13 mentality thereof; 

14 (2) any entity controlled, directly or indirectly, 

15 by any of the foregoing, including any partnership, 

16 association, or other entity in which any of the fore17 going owns a 50 percent or greater interest or a con18 trolling interest, and any entity which is otherwise 

19 controlled by any of the foregoing; 

20 (3) any person that is or has been acting or pur21 porting to act, directly or indirectly, for or on behalf 

22 of any of the foregoing; and 

23 (4) any other person which the Secretary of the 

24 Treasury has notified the Bank is included in any of 

25 the foregoing. 
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1 (e) SUNSET.—This section shall have no force or effect 

2 on the earlier of-— 

3 (1) December 31, 2026; or 

4 (2) the date that is 30 days after the date that 

5 the President of the United States reports to the Com6 mittee on Financial Services of the House of Rep7 resentatives and the Committee on Banking, Housing, 

8 and Urban Affairs of the Senate that China is in sub9 stantial compliance with— 

10 (A) the financial terms and conditions of 

11 the Arrangement on Officially Supported Export 

12 Credits of the Organization for Economic Co13 operation and Development; and 

14 (B) the rules and principles of the Paris 

15 Club. 

16 SEC. 409. ALTERNATIVE PROCEDURES DURING QUORUM 

17 LAPSE. 

18 (a) IN GENERAL.—Section 3(c)(6) of the Export-Im19 port Bank Act of 1945 (12 U.S.C. 635a(c)(6)) is amended— 

20 (1) by inserting ‘‘(A)’’ after ‘‘(6)’’; and 

21 (2) by adding at the end the following: 

22 ‘‘(B)(i) If there is an insufficient number of directors 

23 to constitute a quorum under subparagraph (A) for 120 

24 consecutive days during the term of a President of the 

25 United States, a temporary Board, consisting of the fol-
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•HR 1865 EAH 

1 lowing members, shall act in the stead of the Board of Di2 rectors: 

3 ‘‘(I) The United States Trade Representa4 tive. 

5 ‘‘(II) The Secretary of the Treasury. 

6 ‘‘(III) The Secretary of Commerce. 

7 ‘‘(IV) The members of the Board of Direc8 tors. 

9 ‘‘(ii) If, at a meeting of the temporary Board— 

10 ‘‘(I) a member referred to in clause (i)(IV) is 

11 present, the meeting shall be chaired by such a mem12 ber, consistent with Bank bylaws; or 

13 ‘‘(II) no such member is present, the meeting 

14 shall be chaired by the United States Trade Rep15 resentative. 

16 ‘‘(iii) A member described in subclause (I), (II), or 

17 (III) of clause (i) may delegate the authority of the member 

18 to vote on whether to authorize a transaction, whose value 

19 does not exceed $100,000,000, to— 

20 ‘‘(I) if the member is the United States Trade 

21 Representative, the Deputy United States Trade Rep22 resentative; or 

23 ‘‘(II) if the member is referred to in such sub24 clause (II) or (III), the Deputy Secretary of the de25 partment referred to in the subclause. 
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1 ‘‘(iv) If the temporary Board consists of members of 

2 only one political party, the President of the United States 

3 shall, to the extent practicable, appoint to the temporary 

4 Board a qualified member of a different political party who 

5 occupies a position requiring nomination by the President, 

6 by and with the consent of the Senate. 

7 ‘‘(v) The temporary board may not change or amend 

8 Bank policies, procedures, bylaws, or guidelines. 

9 ‘‘(vi) The temporary Board shall expire at the end of 

10 the term of the President of the United States in office at 

11 the time the temporary Board was constituted or upon res12 toration of a quorum of the Board of Directors as defined 

13 in subparagraph (A). 

14 ‘‘(vii) With respect to a transaction that equals or ex15 ceeds $100,000,000, the Chairperson of the temporary 

16 Board shall ensure that the Bank complies with section 

17 2(b)(3).’’. 

18 (b) TERMINATION.—The amendments made by sub19 section (a) shall have no force or effect after December 31, 

20 2026. 
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1 TITLE V—TERRORISM RISK IN2 SURANCE PROGRAM EXTEN3 SION 

4 SEC. 501. SHORT TITLE. 

5 This title may be cited as the ‘‘Terrorism Risk Insur6 ance Program Reauthorization Act of 2019’’. 

7 SEC. 502. 7-YEAR EXTENSION OF TERRORISM RISK INSUR8 ANCE PROGRAM. 

9 (a) TERMINATION DATE.—Section 108(a) of the Ter10 rorism Risk Insurance Act of 2002 (15 U.S.C. 6701 note) 

11 is amended by striking ‘‘2020’’ and inserting ‘‘2027’’. 

12 (b) TIMING OF MANDATORY RECOUPMENT.—Section 

13 103(e)(7)(E)(i) of the Terrorism Risk Insurance Act of 2002 

14 (15 U.S.C. 6701 note) is amended— 

15 (1) in subclause (I)— 

16 (A) by striking ‘‘2017’’ and inserting 

17 ‘‘2022’’; and 

18 (B) by striking ‘‘2019’’ and inserting 

19 ‘‘2024’’; 

20 (2) in subclause (II)— 

21 (A) by striking ‘‘2018’’ and inserting 

22 ‘‘2023’’; 

23 (B) by striking ‘‘2024’’ and inserting 

24 ‘‘2029’’; and 
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•HR 1865 EAH 

1 (C) by striking ‘‘2019’’ and inserting 

2 ‘‘2024’’; and 

3 (3) in subclause (III)— 

4 (A) by striking ‘‘2024’’ and inserting 

5 ‘‘2029’’; and 

6 (B) by striking ‘‘2019’’ and inserting 

7 ‘‘2024’’. 

8 (c) ONGOING REPORTS REGARDING MARKET CONDI9 TIONS FOR TERRORISM RISK INSURANCE.—Paragraph (2) 

10 of section 104(h) of the Terrorism Risk Insurance Act of 

11 2002 (15 U.S.C. 6701 note) is amended— 

12 (1) by redesignating subparagraphs (B) through 

13 (E) as subparagraphs (C) through (F), respectively; 

14 and 

15 (2) by inserting after subparagraph (A) the fol16 lowing new subparagraph: 

17 ‘‘(B) an evaluation of the availability and 

18 affordability of terrorism risk insurance, which 

19 shall include an analysis of such availability 

20 and affordability specifically for places of wor21 ship;’’. 

22 (d) STUDY AND REPORT ON CYBER TERRORISM.—Not 

23 later than the expiration of the 180-day period beginning 

24 on the date of the enactment of this Act, the Comptroller 

25 General of the United States shall conduct a study and re-
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•HR 1865 EAH 

1 port to the Committee on Financial Services of the House 

2 of Representatives and the Committee on Banking, Hous3 ing, and Urban Affairs of the Senate, which shall— 

4 (1) analyze and address— 

5 (A) overall vulnerabilities and potential 

6 costs of cyber attacks to the United States public 

7 and private infrastructure that could result in 

8 physical or digital damage; 

9 (B) whether State-defined cyber liability 

10 under a property and casualty line of insurance 

11 is adequate coverage for an act of cyber ter12 rorism; 

13 (C) whether such risks can be adequately 

14 priced by the private market; and 

15 (D) whether the current risk-share system 

16 under the Terrorism Risk Insurance Act of 2002 

17 (15 U.S.C. 6701 note) is appropriate for a cyber 

18 terrorism event; and 

19 (2) set forth recommendations on how Congress 

20 could amend the Terrorism Risk Insurance Act of 

21 2002 (15 U.S.C. 6701 note) to meet the next genera22 tion of cyber threats. 
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1 TITLE VI—NASA ENHANCED USE 

2 LEASING EXTENSION 

3 SEC. 601. SHORT TITLE. 

4 This title may be cited as the ‘‘NASA Enhanced Use 

5 Leasing Extension Act of 2019’’. 

6 SEC. 602. EXTENSION OF AUTHORITY TO ENTER INTO 

7 LEASES OF NON-EXCESS PROPERTY OF THE 

8 NATIONAL AERONAUTICS AND SPACE ADMIN9 ISTRATION. 

10 Section 20145(g) of title 51, United States Code, is 

11 amended, in the first sentence, by striking ‘‘December 31, 

12 2019’’ and inserting ‘‘December 31, 2021’’. 

13 TITLE VII—INKSNA EXTENSION 

14 SEC. 701. EXEMPTION FROM THE IRAN, NORTH KOREA, AND 

15 SYRIA NONPROLIFERATION ACT. 

16 Section 7(1) of the Iran, North Korea, and Syria Non17 proliferation Act (Public Law 106–178; 50 U.S.C. 1701 

18 note) is amended, in the undesignated matter following sub19 paragraph (B), by striking ‘‘December 31, 2020’’ and in20 serting ‘‘December 31, 2025’’. 

21 TITLE VIII—BRAND USA 

22 EXTENSION 

23 SEC. 801. SHORT TITLE. 

24 This title may be cited as the ‘‘Brand USA Extension 

25 Act’’. 
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•HR 1865 EAH 

1 SEC. 802. THE CORPORATION FOR TRAVEL PROMOTION. 

2 Subsection (b) of the Travel Promotion Act of 2009 (22 

3 U.S.C. 2131(b)) is amended— 

4 (1) in paragraph (2)(A)— 

5 (A) in clause (ii), by inserting ‘‘or 

6 foodservice’’ after ‘‘restaurant’’; 

7 (B) in clause (v), by inserting ‘‘, such as 

8 outdoor recreation’’ before the semicolon at the 

9 end; and 

10 (C) in clause (viii), by inserting ‘‘commer11 cial or private’’ before ‘‘passenger air sector’’; 

12 (2) in paragraph (5)(A)— 

13 (A) in clause (iii), by inserting ‘‘speaking 

14 conventions, sales missions,’’ after ‘‘trade 

15 shows,’’; 

16 (B) in clause (iv), by striking ‘‘and’’ at the 

17 end; 

18 (C) in clause (v), by striking the period at 

19 the end and inserting ‘‘; and’’; and 

20 (D) by adding at the end the following: 

21 ‘‘(vi) to promote tourism to the United 

22 States through digital media, online plat23 forms, and other appropriate medium.’’; 

24 and 

25 (3) in paragraph (7)(C), by striking ‘‘3 days’’ 

26 and inserting ‘‘5 days’’. 
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•HR 1865 EAH 

1 SEC. 803. ACCOUNTABILITY MEASURES. 

2 Subsection (c) of the Travel Promotion Act of 2009 (22 

3 U.S.C. 2131(c)) is amended— 

4 (1) in paragraph (2), by striking ‘‘$500,000’’ 

5 and inserting ‘‘$450,000’’; and 

6 (2) in paragraph (3)— 

7 (A) by redesignating subparagraph (I) as 

8 subparagraph (K); 

9 (B) in subparagraph (H)(iii), by striking 

10 ‘‘and’’ at the end; and 

11 (C) by inserting after subparagraph 

12 (H)(iii) the following: 

13 ‘‘(I) a list of countries the Corporation 

14 identifies as emerging markets for tourism to the 

15 United States; 

16 ‘‘(J) a description of the efforts the Corpora17 tion has made to promote tourism to rural areas 

18 of the United States; and’’. 

19 SEC. 804. EXTENSION OF FUNDING FOR BRAND USA. 

20 Subsection (d) of the Travel Promotion Act of 2009 

21 (22 U.S.C. 2131(d)) is amended— 

22 (1) in paragraph (2)(B), by striking ‘‘2020’’ and 

23 inserting ‘‘2027’’; 

24 (2) in paragraph (3)(B)(ii), by striking ‘‘70 per25 cent’’ and inserting ‘‘50 percent’’; and 
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•HR 1865 EAH 

1 (3) in paragraph (4)(B), by striking ‘‘2020’’ and 

2 inserting ‘‘2027’’. 

3 SEC. 805. PERFORMANCE PLAN. 

4 Not later than 90 days after the date of the enactment 

5 of this Act, the Corporation for Travel Promotion shall 

6 make the performance metrics established pursuant to sub7 section (f)(1)(A) of the Travel Promotion Act of 2009 (22 

8 U.S.C. 2131(f)(1)(A)) publicly available on the website of 

9 the Corporation. 

10 SEC. 806. ELECTRONIC SYSTEM FOR TRAVEL AUTHORIZA11 TION FEE INCREASE. 

12 Section 217(h)(3)(B)(i)(I) of the Immigration and Na13 tionality Act (8 U.S.C. 1187(h)(3)(B)(i)(I)) is amended by 

14 striking ‘‘$10’’ and inserting ‘‘$17’’. 

15 TITLE IX—DC OPPORTUNITY 

16 SCHOLARSHIP EXTENSIONS 

17 SEC. 901. SCHOLARSHIPS FOR OPPORTUNITY AND RE18 SULTS. 

19 (a) Section 3014(a) of the Scholarships for Oppor20 tunity and Results Act (sec. 38–1853.14, D.C. Official 

21 Code) is amended by striking ‘‘through fiscal year 2019’’ 

22 and inserting ‘‘through fiscal year 2023’’. 

23 (b) The amendment made by subsection (a) shall take 

24 effect on September 30, 2019. 
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•HR 1865 EAH 

1 TITLE X—BUDGETARY EFFECTS 

2 SEC. 1001. BUDGETARY EFFECTS. 

3 (a) STATUTORY PAYGO SCORECARDS.—The budg4 etary effects of this division and each succeeding division 

5 shall not be entered on either PAYGO scorecard maintained 

6 pursuant to section 4(d) of the Statutory Pay-As-You-Go 

7 Act of 2010. 

8 (b) SENATE PAYGO SCORECARDS.—The budgetary ef9 fects of this division and each succeeding division shall not 

10 be entered on any PAYGO scorecard maintained for pur11 poses of section 4106 of H. Con. Res. 71 (115th Congress). 

12 (c) CLASSIFICATION OF BUDGETARY EFFECTS.—Not13 withstanding Rule 3 of the Budget Scorekeeping Guidelines 

14 set forth in the joint explanatory statement of the committee 

15 of conference accompanying Conference Report 105–217 

16 and section 250(c)(8) of the Balanced Budget and Emer17 gency Deficit Control Act of 1985, the budgetary effects of 

18 this division and each succeeding division shall not be esti19 mated— 

20 (1) for purposes of section 251 of such Act; and 

21 (2) for purposes of paragraph (4)(C) of section 

22 3 of the Statutory Pay-As-You-Go Act of 2010 as 

23 being included in an appropriation Act. 
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1 DIVISION J—FOREIGN POLICY 

2 TITLE I—VENEZUELA 

3 ASSISTANCE 

4 SEC. 101. SHORT TITLES. 

5 This title may be cited as the ‘‘Venezuela Emergency 

6 Relief, Democracy Assistance, and Development Act of 

7 2019’’ or the ‘‘VERDAD Act of 2019’’. 

8 Subtitle A—Support for the Interim 

9 President of Venezuela and Rec10 ognition of the Venezuelan Na11 tional Assembly 

12 SEC. 111. FINDINGS; SENSE OF CONGRESS IN SUPPORT OF 

13 THE INTERIM PRESIDENT OF VENEZUELA. 

14 (a) FINDINGS.—Congress makes the following findings: 

15 (1) Venezuela’s electoral event on May 20, 2018 

16 was characterized by widespread fraud and did not 

17 comply with international standards for a free, fair, 

18 and transparent electoral process. 

19 (2) Given the fraudulent nature of Venezuela’s 

20 May 20, 2018 electoral event, Nicola ́s Maduro’s tenure 

21 as President of Venezuela ended on January 10, 2019. 

22 (3) The National Assembly of Venezuela ap23 proved a resolution on January 15, 2019 that termi24 nated Nicola ́s Maduro’s authority as the President of 

25 Venezuela. 
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•HR 1865 EAH 

1 (4) On January 23, 2019, the President of the 

2 National Assembly of Venezuela was sworn in as the 

3 Interim President of Venezuela. 

4 (b) SENSE OF CONGRESS.—It is the sense of Con5 gress— 

6 (1) to support the decisions by the United States 

7 Government, more than 50 governments around the 

8 world, the Organization of American States, the 

9 Inter-American Development Bank, and the Euro10 pean Parliament to recognize National Assembly 

11 President Juan Guaido ́ as the Interim President of 

12 Venezuela; 

13 (2) to encourage the Interim President of Ven14 ezuela to advance efforts to hold democratic presi15 dential elections in the shortest possible period; and 

16 (3) that the Organization of American States, 

17 with support from the United States Government and 

18 partner governments, should provide diplomatic, tech19 nical, and financial support for a new presidential 

20 election in Venezuela that complies with international 

21 standards for a free, fair, and transparent electoral 

22 process. 
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•HR 1865 EAH 

1 SEC. 112. RECOGNITION OF VENEZUELA’S DEMOCRAT2 ICALLY ELECTED NATIONAL ASSEMBLY. 

3 (a) FINDINGS.—Congress finds that Venezuela’s uni4 cameral National Assembly convened on January 6, 2016, 

5 following democratic elections that were held on December 

6 6, 2015. 

7 (b) SENSE OF CONGRESS.—It is the sense of Congress 

8 that Venezuela’s democratically elected National Assembly 

9 is the only national level democratic institution remaining 

10 in the country. 

11 (c) POLICY.—It is the policy of the United States to 

12 recognize the democratically elected National Assembly of 

13 Venezuela as the only legitimate national legislative body 

14 in Venezuela. 

15 (d) ASSISTANCE TO VENEZUELA’S NATIONAL ASSEM16 BLY.—The Secretary of State, in coordination with the Ad17 ministrator of the United States Agency for International 

18 Development, shall prioritize efforts to provide technical as19 sistance to support the democratically elected National As20 sembly of Venezuela in accordance with section 143. 

21 SEC. 113. ADVANCING A NEGOTIATED SOLUTION TO VEN22 EZUELA’S CRISIS. 

23 (a) SENSE OF CONGRESS.—It is the sense of Congress 

24 that— 
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•HR 1865 EAH 

1 (1) direct, credible negotiations led by the In2 terim President of Venezuela and members of Ven3 ezuela’s democratically elected National Assembly— 

4 (A) are supported by stakeholders in the 

5 international community that have recognized 

6 the Interim President of Venezuela; 

7 (B) include the input and interests of Ven8 ezuelan civil society; and 

9 (C) represent the best opportunity to reach 

10 a solution to the Venezuelan crisis that in11 cludes— 

12 (i) holding a new presidential election 

13 that complies with international standards 

14 for a free, fair, and transparent electoral 

15 process; 

16 (ii) ending Nicola ́s Maduro’s usurpa17 tion of presidential authorities; 

18 (iii) restoring democracy and the rule 

19 of law; 

20 (iv) freeing political prisoners; and 

21 (v) facilitating the delivery of humani22 tarian aid; 

23 (2) dialogue between the Maduro regime and rep24 resentatives of the political opposition that com25 menced in October 2017, and were supported by the 
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•HR 1865 EAH 

1 Governments of Mexico, of Chile, of Bolivia, and of 

2 Nicaragua, did not result in an agreement because the 

3 Maduro regime failed to credibly participate in the 

4 process; and 

5 (3) negotiations between the Maduro regime and 

6 representatives of the political opposition that com7 menced in October 2016, and were supported by the 

8 Vatican, did not result in an agreement because the 

9 Maduro regime failed to credibly participate in the 

10 process. 

11 (b) POLICY.—It is the policy of the United States to 

12 support diplomatic engagement in order to advance a nego13 tiated and peaceful solution to Venezuela’s political, eco14 nomic, and humanitarian crisis that is described in sub15 section (a)(1). 

16 Subtitle B—Humanitarian Relief 

17 for Venezuela 

18 SEC. 121. HUMANITARIAN RELIEF FOR THE VENEZUELAN 

19 PEOPLE. 

20 (a) SENSE OF CONGRESS.—It is the sense of Congress 

21 that— 

22 (1) the United States Government should expand 

23 efforts to peacefully address Venezuela’s humanitarian 

24 crisis; and 

25 (2) humanitarian assistance— 
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•HR 1865 EAH 

1 (A) should be targeted toward those most in 

2 need and delivered through partners that uphold 

3 internationally recognized humanitarian prin4 ciples; and 

5 (B) should not be passed through the control 

6 or distribution mechanisms of the Maduro re7 gime. 

8 (b) HUMANITARIAN RELIEF.— 

9 (1) IN GENERAL.—The Secretary of State, in co10 ordination with the Administrator of the United 

11 States Agency for International Development, shall 

12 provide— 

13 (A) humanitarian assistance to individuals 

14 and communities in Venezuela, including— 

15 (i) public health commodities and serv16 ices, including medicines and basic medical 

17 supplies and equipment; 

18 (ii) basic food commodities and nutri19 tional supplements needed to address grow20 ing malnutrition and improve food security 

21 for the people of Venezuela, with a specific 

22 emphasis on the most vulnerable popu23 lations; and 

24 (iii) technical assistance to ensure that 

25 health and food commodities are appro-
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•HR 1865 EAH 

1 priately selected, procured, targeted, and 

2 distributed; and 

3 (B) Venezuelans and hosting communities, 

4 as appropriate, in neighboring countries with 

5 humanitarian aid, such as— 

6 (i) urgently needed health and nutri7 tional assistance, including logistical and 

8 technical assistance to hospitals and health 

9 centers in affected communities; 

10 (ii) food assistance for vulnerable indi11 viduals, including assistance to improve 

12 food security for affected communities; and 

13 (iii) hygiene supplies and sanitation 

14 services. 

15 (2) AID TO VENEZUELANS IN NEIGHBORING

16 COUNTRIES.—The aid described in paragraph 

17 (1)(B)— 

18 (A) may be provided— 

19 (i) directly to Venezuelans in neigh20 boring countries, including countries of the 

21 Caribbean; or 

22 (ii) indirectly through the communities 

23 in which the Venezuelans reside; and 

24 (B) should focus on the most vulnerable 

25 Venezuelans in neighboring countries. 
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•HR 1865 EAH 

1 (c) HUMANITARIAN ASSISTANCE STRATEGY UP2 DATE.—Not later than 180 days after the date of the enact3 ment of this Act, the Secretary of State, in coordination 

4 with the Administrator of the United States Agency for 

5 International Development, shall submit, to the appropriate 

6 congressional committees, an update to the Venezuela hu7 manitarian assistance strategy described in the conference 

8 report accompanying the Consolidated Appropriations Act 

9 (Public Law 116–6), to cover a 2-year period and include— 

10 (1) a description of the United States humani11 tarian assistance provided under this section; 

12 (2) a description of United States diplomatic ef13 forts to ensure support from international donors, in14 cluding regional partners in Latin America and the 

15 Caribbean, for the provision of humanitarian assist16 ance to the people of Venezuela; 

17 (3) the identification of governments that are 

18 willing to provide financial and technical assistance 

19 for the provision of such humanitarian assistance to 

20 the people of Venezuela and a description of such as21 sistance; and 

22 (4) the identification of the financial and tech23 nical assistance to be provided by multilateral insti24 tutions, including the United Nations humanitarian 

25 agencies, the Pan American Health Organization, the 
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•HR 1865 EAH 

1 Inter-American Development Bank, and the World 

2 Bank, and a description of such assistance. 

3 (d) DIPLOMATIC ENGAGEMENT.—The Secretary of 

4 State, in consultation with the Administrator of the United 

5 States Agency for International Development, shall work 

6 with relevant foreign governments and multilateral organi7 zations to coordinate a donors summit and carry out diplo8 matic engagement to advance the strategy required under 

9 subsection (c). 

10 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

11 authorized to be appropriated $400,000,000 for fiscal year 

12 2020 to carry out the activities set forth in subsection (b). 

13 (f) DEFINED TERM.—In this section, the term ‘‘appro14 priate congressional committees’’ means— 

15 (1) the Committee on Foreign Relations of the 

16 Senate; 

17 (2) the Committee on Appropriations of the Sen18 ate; 

19 (3) the Committee on Foreign Affairs of the 

20 House of Representatives; and 

21 (4) the Committee on Appropriations of the 

22 House of Representatives. 
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•HR 1865 EAH 

1 SEC. 122. SUPPORT FOR EFFORTS AT THE UNITED NATIONS 

2 ON THE HUMANITARIAN CRISIS IN VEN3 EZUELA. 

4 (a) SENSE OF CONGRESS.—It is the sense of Congress 

5 that the United Nations humanitarian agencies should con6 duct and publish independent assessments of the humani7 tarian situation in Venezuela, including— 

8 (1) the extent and impact of the shortages of 

9 food, medicine, and medical supplies in Venezuela; 

10 (2) basic health indicators in Venezuela, such as 

11 maternal and child mortality rates and the preva12 lence and treatment of communicable diseases; and 

13 (3) the efforts needed to resolve the shortages 

14 identified in paragraph (1) and to improve the health 

15 indicators referred to in paragraph (2). 

16 (b) UNITED NATIONS RESIDENT COORDINATOR.—The 

17 President should instruct the Permanent Representative to 

18 the United Nations to use the voice, vote, and influence of 

19 the United States at the United Nations to support the ef20 forts of the Resident Coordinator for Venezuela in a manner 

21 that— 

22 (1) contributes to Venezuela’s long-term recovery; 

23 and 

24 (2) advances humanitarian efforts in Venezuela 

25 and for Venezuelans residing in neighboring coun26 tries. 
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•HR 1865 EAH 

1 SEC. 123. COORDINATION AND DISTRIBUTION OF HUMANI2 TARIAN ASSISTANCE TO THE PEOPLE OF VEN3 EZUELA. 

4 (a) SHORT TITLE.—This section may be cited as the 

5 ‘‘Humanitarian Assistance to the Venezuelan People Act of 

6 2019’’. 

7 (b) DEFINED TERM.—In this section, the term ‘‘appro8 priate congressional committees’’ means— 

9 (1) the Committee on Foreign Relations of the 

10 Senate; 

11 (2) the Committee on Appropriations of the Sen12 ate; 

13 (3) the Committee on Banking, Housing, and 

14 Urban Affairs of the Senate; 

15 (4) the Committee on Foreign Affairs of the 

16 House of Representatives; 

17 (5) the Committee on Appropriations of the 

18 House of Representatives; and 

19 (6) the Committee on Financial Services of the 

20 House of Representatives. 

21 (c) REPORT ON THE COORDINATION AND DISTRIBU22 TION OF HUMANITARIAN ASSISTANCE TO THE PEOPLE OF

23 VENEZUELA INCLUDING STRATEGY ON FUTURE EF24 FORTS.— 

25 (1) IN GENERAL.—Not later than 1 year after 

26 the date of the enactment of this Act, the Secretary of 
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1 State, in coordination with the Administrator of the 

2 United States Agency for International Development, 

3 shall submit a report to the appropriate congressional 

4 committees that evaluates the delivery and coordina5 tion of humanitarian assistance to the people of Ven6 ezuela since the onset of the humanitarian crisis, 

7 whether residing in Venezuela or elsewhere in the 

8 Western Hemisphere. 

9 (2) MATTERS TO BE INCLUDED.—The report re10 quired under paragraph (1) shall— 

11 (A) identify how United States Agency for 

12 International Development and Department of 

13 State best practices are being utilized in pro14 viding humanitarian assistance to Venezuela 

15 and countries in the region, including a descrip16 tion of coordination efforts with United States 

17 embassies and USAID missions throughout the 

18 region; 

19 (B) describe the current and anticipated 

20 challenges to distributing humanitarian assist21 ance in Venezuela and countries hosting Ven22 ezuelan migrants; 

23 (C) describe the coordination of United 

24 States assistance with foreign donors; and 
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1 (D) describe how the distribution of human2 itarian assistance is being monitored and evalu3 ated, including— 

4 (i) the number of beneficiaries receiv5 ing such assistance; 

6 (ii) an assessment of how humani7 tarian and development assistance is bene8 fitting Venezuelan migrants inside and out9 side of the country; and 

10 (iii) what additional staff may be nec11 essary to manage such assistance. 

12 Subtitle C—Addressing Regime 

13 Cohesion 

14 SEC. 131. CLASSIFIED BRIEFING ON DECLINING COHESION 

15 INSIDE THE VENEZUELAN MILITARY AND THE 

16 MADURO REGIME. 

17 (a) REPORTING REQUIREMENT.—Not later than 90 

18 days after the date of the enactment of this Act, the Sec19 retary of State, acting through the Bureau of Intelligence 

20 and Research, and in coordination with the Director of Na21 tional Intelligence, shall provide a briefing to the appro22 priate congressional committees that assesses the declining 

23 cohesion inside the Venezuelan military and security forces 

24 and the Maduro regime. 
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1 (b) ADDITIONAL ELEMENTS.—The briefing required 

2 under subsection (a) shall— 

3 (1) identify senior members of the Venezuelan 

4 military and the Maduro regime, including generals, 

5 admirals, cabinet ministers, deputy cabinet ministers, 

6 and the heads of intelligence agencies, whose loyalty 

7 to Nicola ́s Maduro is declining; 

8 (2) describe the factors that would accelerate the 

9 decision making of individuals identified in para10 graph (1)— 

11 (A) to break with the Maduro regime; and 

12 (B) to recognize the Interim President of 

13 Venezuela and his government; and 

14 (3) assess and detail the massive number of de15 sertions and defections that have occurred at the offi16 cer and enlisted levels inside the Venezuelan military 

17 and security forces. 

18 (c) APPROPRIATE CONGRESSIONAL COMMITTEES.—In 

19 this section, the term ‘‘appropriate congressional commit20 tees’’ means— 

21 (1) the Committee on Foreign Relations of the 

22 Senate; 

23 (2) the Select Committee on Intelligence of the 

24 Senate; 
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1 (3) the Committee on Foreign Affairs of the 

2 House of Representatives; and 

3 (4) the Permanent Select Committee on Intel4 ligence of the House of Representatives. 

5 SEC. 132. ADDITIONAL RESTRICTIONS ON VISAS. 

6 (a) IN GENERAL.—The Secretary of State shall impose 

7 the visa restrictions described in subsection (c) on any for8 eign person who the Secretary determines— 

9 (1) is a current or former senior official of the 

10 Maduro regime, or any foreign person acting on be11 half of such regime, who is knowingly responsible for, 

12 complicit in, responsible for ordering, controlling, or 

13 otherwise directing, or participating in (directly or 

14 indirectly) any activity in or in relation to Ven15 ezuela, on or after January 23, 2019, that signifi16 cantly undermines or threatens the integrity of— 

17 (A) the democratically-elected National As18 sembly of Venezuela; or 

19 (B) the President of such National Assem20 bly, while serving as Interim President of Ven21 ezuela, or the senior government officials under 

22 the supervision of such President; 

23 (2) is the spouse or adult child of a foreign per24 son described in paragraph (1); or 
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1 (3) is the spouse or adult child of Venezuelan 

2 person sanctioned under— 

3 (A) section 5(a) of the Venezuela Defense of 

4 Human Rights and Civil Society Act of 2014 

5 (Public Law 113–278), as amended by section 

6 163 of this title; 

7 (B) section 804(b) of the Foreign Narcotics 

8 Kingpin Designation Act (21 U.S.C. 1903(b)); or 

9 (C) Executive Orders 13692 (50 U.S.C. 

10 1701 note) and 13850. 

11 (b) REMOVAL FROM VISA REVOCATION LIST.—Pursu12 ant to such procedures as the Secretary of State may estab13 lish to implement this section— 

14 (1) if any person described in subsection (a)(1) 

15 recognizes and pledges support for the Interim Presi16 dent of Venezuela or a subsequent democratically 

17 elected government of Venezuela, that person and any 

18 family members of that person who were subject to 

19 visa restrictions pursuant to subsection (a)(2) shall 

20 no longer be subject to such visa restrictions; and 

21 (2) if any person described in subparagraphs (A) 

22 through (C) of subsection (a)(3) recognizes and 

23 pledges support for the Interim President of Venezuela 

24 or a subsequent democratically elected government of 

25 Venezuela, any family members of that person who 
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1 were subject to visa restrictions pursuant to sub2 section (a)(3) shall no longer be subject to such visa 

3 restrictions. 

4 (c) VISA RESTRICTIONS DESCRIBED.— 

5 (1) VISAS, ADMISSION, OR PAROLE.—An alien 

6 described in subsection (a) is— 

7 (A) inadmissible to the United States; 

8 (B) ineligible to receive a visa or other doc9 umentation to enter the United States; and 

10 (C) otherwise ineligible to be admitted or 

11 paroled into the United States or to receive any 

12 benefit under the Immigration and Nationality 

13 Act (8 U.S.C. 1101 et seq.). 

14 (2) CURRENT VISAS REVOKED.— 

15 (A) IN GENERAL.—An alien described in 

16 subsection (a) is subject to revocation of any visa 

17 or other entry documentation regardless of when 

18 the visa or other entry documentation is or was 

19 issued. 

20 (B) IMMEDIATE EFFECT.—A revocation 

21 under subparagraph (A) shall— 

22 (i) take effect immediately; and 

23 (ii) automatically cancel any other 

24 valid visa or entry documentation that is in 

25 the alien’s possession. 
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1 (3) EXCEPTIONS.—Sanctions under paragraphs 

2 (1) and (2) shall not apply with respect to an alien 

3 if admitting or paroling the alien into the United 

4 States is necessary— 

5 (A) to permit the United States to comply 

6 with the Agreement regarding the Headquarters 

7 of the United Nations, signed at Lake Success 

8 June 26, 1947, and entered into force November 

9 21, 1947, between the United Nations and the 

10 United States, or other applicable international 

11 obligations; or 

12 (B) to carry out or assist law enforcement 

13 activity in the United States. 

14 (d) RULEMAKING.—The President shall issue such reg15 ulations, licenses, and orders as may be necessary to carry 

16 out this section. 

17 SEC. 133. WAIVER FOR SANCTIONED OFFICIALS THAT REC18 OGNIZE THE INTERIM PRESIDENT OF VEN19 EZUELA. 

20 (a) REMOVAL OF SANCTIONS.—If a person sanctioned 

21 under any of the provisions of law described in subsection 

22 (b) recognizes and pledges supports for the Interim Presi23 dent of Venezuela or a subsequent democratically elected 

24 government, the person shall no longer be subject to such 

25 sanctions, pursuant to such procedures as the Secretary of 
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1 State and the Secretary of the Treasury may establish to 

2 implement this section. 

3 (b) SANCTIONS DESCRIBED.—The sanctions described 

4 in this subsection are set forth in the following provisions 

5 of law: 

6 (1)(A) Paragraphs (3) and (4) of section 5(a) of 

7 the Venezuela Defense of Human Rights and Civil So8 ciety Act of 2014 (Public Law 113–278), as amended 

9 by section 163 of this title. 

10 (B) Paragraph (5) of section 5(a) of such Act, to 

11 the extent such paragraph relates to the sanctions de12 scribed in paragraph (3) or (4) of such subsection. 

13 (2)(A) Clauses (1) and (4) of section 1(a)(ii)(A) 

14 of Executive Order 13692 (50 U.S.C. 1701 note). 

15 (B) Subparagraph (D)(2) of section 1(a)(ii) of 

16 such Executive Order, to the extent such subpara17 graph relates to the provisions of law cited in sub18 paragraph (A). 

19 (3)(A) Section 1(a)(ii) of Executive Order 13850. 

20 (B) Paragraph (iii) of section 1(a) of such Exec21 utive Order, to the extent such paragraph relates to 

22 the provision of law cited in subparagraph (A). 

23 (c) RULEMAKING.—The President shall issue such reg24 ulations, licenses, and orders as may be necessary to carry 

25 out this section. 
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1 Subtitle D—Restoring Democracy 

2 and Addressing the Political 

3 Crisis in Venezuela 

4 SEC. 141. SUPPORT FOR THE ORGANIZATION OF AMERICAN 

5 STATES AND THE LIMA GROUP. 

6 (a) SENSE OF CONGRESS.—It is the sense of Congress 

7 that the Secretary of State should— 

8 (1) take additional steps to support ongoing ef9 forts by the Secretary General of the Organization of 

10 American States to promote diplomatic initiatives to 

11 foster the restoration of democracy and the rule of law 

12 in Venezuela; 

13 (2) conduct diplomatic engagement in support of 

14 efforts by the Lima Group to restore democracy and 

15 the rule of law in Venezuela and facilitate the deliv16 ery of humanitarian assistance for the Venezuelan 

17 people; and 

18 (3) engage with the International Contact Group 

19 on Venezuela to advance a peaceful and democratic 

20 solution to the current crisis. 

21 (b) DEFINED TERMS.—In this section: 

22 (1) INTERNATIONAL CONTACT GROUP ON VEN23 EZUELA.—The ‘‘International Contact Group on Ven24 ezuela’’ refers to a diplomatic bloc— 
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1 (A) whose members include the European 

2 Union, France, Germany, Italy, Spain, Por3 tugal, Sweden, the Netherlands, the United King4 dom, Ecuador, Costa Rica, and Uruguay; and 

5 (B) which was established to advance a 

6 peaceful and democratic solution to the current 

7 crisis in Venezuela. 

8 (2) LIMA GROUP.—The ‘‘Lima Group’’ refers to 

9 a diplomatic bloc— 

10 (A) whose members include Argentina, 

11 Brazil, Canada, Chile, Colombia, Costa Rica, 

12 Guatemala, Guyana, Honduras, Panama, Para13 guay, Peru, and Saint Lucia; and 

14 (B) which was established to address the po15 litical, economic, and humanitarian crises in 

16 Venezuela. 

17 SEC. 142. ACCOUNTABILITY FOR CRIMES AGAINST HUMAN18 ITY. 

19 (a) SENSE OF CONGRESS.—It is the sense of Congress 

20 that the Secretary of State should conduct robust diplomatic 

21 engagement in support of efforts in Venezuela, and on the 

22 part of the international community, to ensure account23 ability for possible crimes against humanity and serious 

24 violations of human rights. 
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1 (b) REPORT.—Not later than 90 days after the date 

2 of the enactment of this Act, the Secretary of State shall 

3 submit a report to Congress that— 

4 (1) evaluates the degree to which the Maduro re5 gime and its officials, including members of the Ven6 ezuelan security forces, have engaged in actions that 

7 constitute possible crimes against humanity and seri8 ous violations of human rights; and 

9 (2) provides options for holding accountable the 

10 perpetrators identified under paragraph (1). 

11 SEC. 143. SUPPORT FOR INTERNATIONAL ELECTION OBSER12 VATION AND DEMOCRATIC CIVIL SOCIETY. 

13 (a) IN GENERAL.—The Secretary of State, in coordi14 nation with the Administrator of the United States Agency 

15 for International Development— 

16 (1) shall work with the Organization of Amer17 ican States to ensure credible international observa18 tion of future elections in Venezuela that contributes 

19 to free, fair, and transparent democratic electoral 

20 processes; and 

21 (2) shall work with nongovernmental organiza22 tions— 

23 (A) to strengthen democratic governance 

24 and institutions, including the democratically 

25 elected National Assembly of Venezuela; 
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1 (B) to defend internationally recognized 

2 human rights for the people of Venezuela, includ3 ing support for efforts to document crimes 

4 against humanity and violations of human 

5 rights; 

6 (C) to support the efforts of independent 

7 media outlets to broadcast, distribute, and share 

8 information beyond the limited channels made 

9 available by the Maduro regime; and 

10 (D) to combat corruption and improve the 

11 transparency and accountability of institutions 

12 that are part of the Maduro regime. 

13 (b) ENGAGEMENT AT THE ORGANIZATION OF AMER14 ICAN STATES.—The Secretary of State, acting through the 

15 United States Permanent Representative to the Organiza16 tion of American States, should advocate and build diplo17 matic support for sending an election observation mission 

18 to Venezuela to ensure that democratic electoral processes 

19 are organized and carried out in a free, fair, and trans20 parent manner. 

21 (c) BRIEFING REQUIREMENT.—Not later than 180 

22 days after the date of the enactment of this Act, the Sec23 retary of State, in coordination with the Administrator of 

24 the United States Agency for International Development, 
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1 shall provide a briefing on the strategy to carry out the 

2 activities described in subsection (a) to— 

3 (1) the Committee on Foreign Relations of the 

4 Senate; 

5 (2) the Committee on Appropriations of the Sen6 ate; 

7 (3) the Committee on Foreign Affairs of the 

8 House of Representatives; and 

9 (4) the Committee on Appropriations of the 

10 House of Representatives. 

11 (d) AUTHORIZATION OF APPROPRIATIONS.— 

12 (1) IN GENERAL.—There are authorized to be ap13 propriated to the Secretary of State for fiscal year 

14 2020, $17,500,000 to carry out the activities set forth 

15 in subsection (a). 

16 (2) NOTIFICATION REQUIREMENTS.—Amounts 

17 appropriated pursuant to paragraph (1) are subject 

18 to the notification requirements applicable to expendi19 tures from the Economic Support Fund under section 

20 531(c) of the Foreign Assistance Act of 1961 (22 

21 U.S.C. 2346(c)) and from the Development Assistance 

22 Fund under section 653(a) of the Foreign Assistance 

23 Act of 1961 (22 U.S.C. 2413(a)), to the extent that 

24 such funds are expended. 
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1 Subtitle E—Supporting the 

2 Reconstruction of Venezuela 

3 SEC. 151. RECOVERING ASSETS STOLEN FROM THE VEN4 EZUELAN PEOPLE. 

5 (a) RECOVERING ASSETS.—The President, acting 

6 through the Secretary of State and in consultation with the 

7 Secretary of the Treasury, shall advance a coordinated 

8 international effort— 

9 (1) to work with foreign governments— 

10 (A) to share financial investigations intel11 ligence, as appropriate; 

12 (B) to block the assets identified pursuant 

13 to paragraph (2); and 

14 (C) to provide technical assistance to help 

15 governments establish the necessary legal frame16 work to carry out asset forfeitures; and 

17 (2) to carry out special financial investigations 

18 to identify and track assets taken from the people and 

19 institutions of Venezuela through theft, corruption, 

20 money laundering, or other illicit means. 

21 (b) STRATEGY REQUIREMENT.— 

22 (1) IN GENERAL.—Not later than 180 days after 

23 the date of the enactment of this Act, the President, 

24 acting through the Secretary of State and in consulta25 tion with the Secretary of the Treasury, shall submit 
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1 a strategy for carrying out the activities described in 

2 subsection (a) to Congress. 

3 (2) ADDITIONAL ELEMENTS.—The strategy re4 quired under paragraph (1) shall— 

5 (A) assess whether the United States or an6 other member of the international community 

7 should establish a managed fund to hold the as8 sets identified pursuant to subsection (a)(2) that 

9 could be returned to a future democratic govern10 ment in Venezuela; and 

11 (B) include such recommendations as the 

12 President and the Secretary of State consider ap13 propriate for legislative or administrative action 

14 in the United States that would be needed to es15 tablish and manage the fund described in sub16 paragraph (A). 

17 Subtitle F—Restoring the Rule of 

18 Law in Venezuela 

19 SEC. 161. DEVELOPING AND IMPLEMENTING A COORDI20 NATED SANCTIONS STRATEGY WITH PART21 NERS IN THE WESTERN HEMISPHERE AND 

22 THE EUROPEAN UNION. 

23 (a) STRENGTHENING SANCTIONS CAPACITY IN LATIN

24 AMERICA AND THE CARIBBEAN.—The Secretary of State, 

25 in consultation with the Secretary of the Treasury, shall 
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1 offer to provide technical assistance to partner governments 

2 in Latin America and the Caribbean to assist such govern3 ments in establishing the legislative and regulatory frame4 works needed to impose targeted sanctions on officials of 

5 the Maduro regime who— 

6 (1) are responsible for human rights abuses; 

7 (2) have engaged in public corruption; or 

8 (3) are undermining democratic institutions and 

9 processes in Venezuela. 

10 (b) COORDINATING INTERNATIONAL SANCTIONS.—The 

11 Secretary of State, in consultation with the Secretary of 

12 the Treasury, shall engage in diplomatic efforts with part13 ner governments, including the Government of Canada, gov14 ernments in the European Union, and governments in 

15 Latin America and the Caribbean, to impose targeted sanc16 tions on the Maduro regime officials described in subsection 

17 (a). 

18 (c) STRATEGY REQUIREMENT.—Not later than 90 days 

19 after the date of the enactment of this Act, the Secretary 

20 of State, in consultation with the Secretary of the Treasury, 

21 shall submit a strategy for carrying out the activities de22 scribed in subsection (a) to— 

23 (1) the Committee on Foreign Relations of the 

24 Senate; 
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1 (2) the Committee on Appropriations of the Sen2 ate; 

3 (3) the Committee on Banking, Housing, and 

4 Urban Affairs of the Senate; 

5 (4) the Committee on Foreign Affairs of the 

6 House of Representatives; 

7 (5) the Committee on Appropriations of the 

8 House of Representatives; and 

9 (6) the Committee on Financial Services of the 

10 House of Representatives. 

11 (d) AUTHORIZATION OF APPROPRIATIONS.— 

12 (1) IN GENERAL.—There is authorized to be ap13 propriated to the Secretary of State for fiscal year 

14 2020, $3,000,000 to carry out the activities set forth 

15 in subsection (a). 

16 (2) NOTIFICATION REQUIREMENTS.—Amounts 

17 appropriated pursuant to paragraph (1) are subject 

18 to the notification requirements applicable to expendi19 tures from the Economic Support Fund under section 

20 531(c) of the Foreign Assistance Act of 1961 (22 

21 U.S.C. 2346(c)) and the International Narcotics and 

22 Law Enforcement Fund under section 489 of the For23 eign Assistance Act of 1961 (22 U.S.C. 2291h) to the 

24 extent that such funds are expended. 
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1 SEC. 162. CLASSIFIED BRIEFING ON THE INVOLVEMENT OF 

2 VENEZUELAN OFFICIALS IN CORRUPTION 

3 AND ILLICIT NARCOTICS TRAFFICKING. 

4 (a) BRIEFING REQUIREMENT.—Not later than 90 days 

5 after the date of the enactment of this Act, the Secretary 

6 of State, acting through the Bureau of Intelligence and Re7 search, and in coordination with the Director of National 

8 Intelligence, shall provide a classified briefing to the appro9 priate congressional committees on the involvement of sen10 ior officials of the Maduro regime, including members of 

11 the National Electoral Council, the judicial system, and the 

12 Venezuelan security forces, in illicit narcotics trafficking 

13 and significant acts of public corruption in Venezuela. 

14 (b) ADDITIONAL ELEMENTS.—The briefing provided 

15 under subsection (a) shall— 

16 (1) describe how the significant acts of public 

17 corruption pose challenges for United States national 

18 security and impact the rule of law and democratic 

19 governance in countries of the Western Hemisphere; 

20 (2) identify individuals for whom there is cred21 ible information that they frustrated the ability of the 

22 United States to combat illicit narcotics trafficking; 

23 (3) include an assessment of the relationship be24 tween individuals identified under subsection (a) and 

25 Nicola ́s Maduro or members of his cabinet; and 
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1 (4) include input from the Drug Enforcement 

2 Administration, the Office of Foreign Assets Control, 

3 and the Financial Crimes Enforcement Network. 

4 (c) APPROPRIATE CONGRESSIONAL COMMITTEES.—In 

5 this section, the term ‘‘appropriate congressional commit6 tees’’ means— 

7 (1) the Committee on Foreign Relations of the 

8 Senate; 

9 (2) the Select Committee on Intelligence of the 

10 Senate; 

11 (3) the Committee on Banking, Housing, and 

12 Urban Affairs of the Senate; 

13 (4) the Committee on Foreign Affairs of the 

14 House of Representatives; 

15 (5) the Permanent Select Committee on Intel16 ligence of the House of Representatives; and 

17 (6) the Committee on Financial Services of the 

18 House of Representatives. 

19 SEC. 163. CONCERNS OVER PDVSA TRANSACTIONS WITH 

20 ROSNEFT. 

21 (a) FINDINGS.—Congress makes the following findings: 

22 (1) In late 2016, Venezuelan state-owned oil 

23 company Petro ́leos de Venezuela, S.A. (referred to in 

24 this section as ‘‘PDVSA’’), through a no compete 

25 transaction, secured a loan from Russian government- 
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1 controlled oil company Rosneft, using 49.9 percent of 

2 PDVSA’s American subsidiary, CITGO Petroleum 

3 Corporation, including its assets in the United States, 

4 as collateral. As a result of this transaction, 100 per5 cent of CITGO is held as collateral by PDVSA’s 

6 creditors. 

7 (2) CITGO, a wholly owned subsidiary of 

8 PDVSA, is engaged in interstate commerce and owns 

9 and controls critical energy infrastructure in 19 

10 States of the United States, including an extensive 

11 network of pipelines, 48 terminals, and 3 refineries, 

12 with a combined oil refining capacity of 749,000 bar13 rels per day. CITGO’s refinery in Lake Charles, Lou14 isiana, is the sixth largest refinery in the United 

15 States. 

16 (3) The Department of the Treasury imposed 

17 sanctions on Rosneft, which is controlled by the Gov18 ernment of the Russian Federation, and its Executive 

19 Chairman, Igor Sechin, following Russia’s military 

20 invasion of Ukraine and its illegal annexation of Cri21 mea in 2014. 

22 (4) The Department of Homeland Security has 

23 designated the energy sector as critical to United 

24 States infrastructure. 
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1 (5) The growing economic crisis in Venezuela 

2 raises the probability that the Maduro regime and 

3 PDVSA will default on their international debt obli4 gations, resulting in a scenario in which Rosneft 

5 could come into control of CITGO’s United States en6 ergy infrastructure holdings. 

7 (b) SENSE OF CONGRESS.—It is the sense of Congress 

8 that— 

9 (1) control of critical United States energy infra10 structure by Rosneft, a Russian government-controlled 

11 entity currently under United States sanctions that is 

12 led by Igor Sechin, who is also under United States 

13 sanctions and is a close associate of Vladimir Putin, 

14 would pose a significant risk to United States na15 tional security and energy security; and 

16 (2) a default by PDVSA on its loan from 

17 Rosneft, resulting in Rosneft coming into possession 

18 of PDVSA’s United States CITGO assets, would war19 rant careful consideration by the Committee on For20 eign Investment in the United States. 

21 (c) PREVENTING ROSNEFT FROM CONTROLLING

22 UNITED STATES ENERGY INFRASTRUCTURE.—The Presi23 dent shall take all necessary steps to prevent Rosneft from 

24 gaining control of critical United States energy infrastruc25 ture. 
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1 (d) SECURITY RISK REPORT.—Not later than 90 days 

2 after the date of the enactment of this Act, the President 

3 shall submit a report assessing the national security risks 

4 posed by potential Russian acquisition and control of 

5 CITGO’s United States energy infrastructure holdings to— 

6 (1) the Committee on Foreign Relations of the 

7 Senate; 

8 (2) the Committee on Homeland Security and 

9 Governmental Affairs of the Senate; 

10 (3) the Committee on Banking, Housing, and 

11 Urban Affairs of the Senate; 

12 (4) the Committee on Foreign Affairs of the 

13 House of Representatives; 

14 (5) the Committee on Homeland Security of the 

15 House of Representatives; and 

16 (6) the Committee on Financial Services of the 

17 House of Representatives. 

18 SEC. 164. CLASSIFIED BRIEFING ON ACTIVITIES OF CER19 TAIN FOREIGN GOVERNMENTS AND ACTORS 

20 IN VENEZUELA. 

21 (a) IN GENERAL.—Not later than 90 days after the 

22 date of the enactment of this Act, the Secretary of State, 

23 acting through the Bureau of Intelligence and Research of 

24 the Department of State, and in coordination with the Di-
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1 rector of National Intelligence, shall provide a classified 

2 briefing to the appropriate congressional committees on— 

3 (1) the full extent of cooperation by the Govern4 ment of the Russian Federation, the Government of 

5 the People’s Republic of China, the Government of 

6 Cuba, and the Government of Iran with the Maduro 

7 regime; and 

8 (2) the activities inside Venezuelan territory of 

9 foreign armed groups, including Colombian criminal 

10 organizations and defectors from the Colombian gue11 rilla group known as the Revolutionary Armed Forces 

12 of Colombia, and foreign terrorist organizations, in13 cluding the Colombian guerilla group known as the 

14 National Liberation Army (ELN). 

15 (b) APPROPRIATE CONGRESSIONAL COMMITTEES.—In 

16 this section, the term ‘‘appropriate congressional commit17 tees’’ means— 

18 (1) the Committee on Foreign Relations of the 

19 Senate; 

20 (2) the Select Committee on Intelligence of the 

21 Senate; 

22 (3) the Committee on Foreign Affairs of the 

23 House of Representatives; and 

24 (4) the Permanent Select Committee on Intel25 ligence of the House of Representatives. 
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1 SEC. 165. COUNTERING RUSSIAN INFLUENCE IN VEN2 EZUELA. 

3 (a) SHORT TITLE.—This section may be cited as the 

4 ‘‘Russian-Venezuelan Threat Mitigation Act’’. 

5 (b) THREAT ASSESSMENT AND STRATEGY TO

6 COUNTER RUSSIAN INFLUENCE IN VENEZUELA.— 

7 (1) DEFINED TERM.—In this subsection, the 

8 term ‘‘appropriate congressional committees’’ 

9 means— 

10 (A) the Committee on Foreign Relations of 

11 the Senate; and 

12 (B) the Committee on Foreign Affairs of the 

13 House of Representatives. 

14 (2) THREAT ASSESSMENT.—Not later than 120 

15 days after the date of the enactment of this Act, the 

16 Secretary of State shall submit a report to the appro17 priate congressional committees regarding— 

18 (A) an assessment of Russian-Venezuelan se19 curity cooperation; 

20 (B) the potential threat such cooperation 

21 poses to the United States and countries in the 

22 Western Hemisphere; and 

23 (C) a strategy to counter threats identified 

24 in subparagraphs (A) and (B). 

25 (c) ALIENS INELIGIBLE FOR VISAS, ADMISSION, OR

26 PAROLE.— 
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1 (1) ALIENS DESCRIBED.—An alien described in 

2 this paragraph is an alien who the Secretary of State 

3 or the Secretary of Homeland Security (or a designee 

4 of either Secretary) knows, or has reason to believe, 

5 is acting or has acted on behalf of the Government of 

6 Russia in direct support of the security forces of the 

7 Maduro regime. 

8 (2) VISAS, ADMISSION, OR PAROLE.—An alien 

9 described in paragraph (1) is— 

10 (A) inadmissible to the United States; 

11 (B) ineligible to receive a visa or other doc12 umentation to enter the United States; and 

13 (C) otherwise ineligible to be admitted or 

14 paroled into the United States or to receive any 

15 benefit under the Immigration and Nationality 

16 Act (8 U.S.C. 1101 et seq.). 

17 (3) CURRENT VISAS REVOKED.— 

18 (A) IN GENERAL.—An alien described in 

19 paragraph (1) is subject to revocation of any 

20 visa or other entry documentation regardless of 

21 when the visa or other entry documentation is or 

22 was issued. 

23 (B) IMMEDIATE EFFECT.—A revocation 

24 under subparagraph (A) shall— 

25 (i) take effect immediately; and 
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1 (ii) automatically cancel any other 

2 valid visa or entry documentation that is in 

3 the alien’s possession. 

4 (4) EXCEPTIONS.—Sanctions under paragraphs 

5 (2) and (3) shall not apply with respect to an alien 

6 if admitting or paroling the alien into the United 

7 States is necessary— 

8 (A) to permit the United States to comply 

9 with the Agreement regarding the Headquarters 

10 of the United Nations, signed at Lake Success 

11 June 26, 1947, and entered into force November 

12 21, 1947, between the United Nations and the 

13 United States, or other applicable international 

14 obligations; or 

15 (B) to carry out or assist law enforcement 

16 activity in the United States. 

17 (5) NATIONAL SECURITY.—The President may 

18 waive the application of this subsection with respect 

19 to an alien if the President— 

20 (A) determines that such a waiver is in the 

21 national interest of the United States; and 

22 (B) submits a notice of, and justification 

23 for, such waiver to the appropriate congressional 

24 committees. 
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1 (6) SUNSET.—This subsection shall terminate on 

2 the date that is 1 year after the date of the enactment 

3 of this Act. 

4 SEC. 166. RESTRICTION ON EXPORT OF COVERED ARTICLES 

5 AND SERVICES TO CERTAIN SECURITY 

6 FORCES OF VENEZUELA. 

7 (a) SHORT TITLE.—This section may be cited as the 

8 ‘‘Venezuela Arms Restriction Act’’. 

9 (b) DEFINITIONS.—In this section: 

10 (1) APPROPRIATE CONGRESSIONAL COMMIT11 TEES.—The term ‘‘appropriate congressional commit12 tees’’ means— 

13 (A) the Committee on Foreign Relations of 

14 the Senate; 

15 (B) the Committee on Banking, Housing, 

16 and Urban Affairs of the Senate; 

17 (C) the Committee on Foreign Affairs of the 

18 House of Representatives; and 

19 (D) the Committee on Financial Services of 

20 the House of Representatives. 

21 (2) COVERED ARTICLE OR SERVICE.—The term 

22 ‘‘covered article or service’’— 

23 (A) for purposes of subsection (c), means— 

24 (i) a defense article or defense service 

25 (as such terms are defined in section 47 of 
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•HR 1865 EAH 

1 the Arms Export Control Act (22 U.S.C. 

2 2794)); and 

3 (ii) any article included on the Com4 merce Control List set forth in Supplement 

5 No. 1 to part 774 of the Export Administra6 tion Regulations under subchapter C of 

7 chapter VII of title 15, Code of Federal Reg8 ulations, and controlled for crime control 

9 purposes, if the end user is likely to use the 

10 article to violate the human rights of the 

11 citizens of Venezuela; and 

12 (B) for purposes of subsection (d), means— 

13 (i) any defense article or defense serv14 ice of the type described in section 47 of the 

15 Arms Export Control Act (22 U.S.C. 2794); 

16 and 

17 (ii) any article of the type included on 

18 the Commerce Control List set forth in Sup19 plement No. 1 to part 774 of the Export Ad20 ministration Regulations and controlled for 

21 crime control purposes. 

22 (3) FOREIGN PERSON.—The term ‘‘foreign per23 son’’ means a person that is not a United States per24 son. 
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1 (4) PERSON.—The term ‘‘person’’ means an in2 dividual or entity. 

3 (5) SECURITY FORCES OF VENEZUELA.—The 

4 term ‘‘security forces of Venezuela’’ includes— 

5 (A) the Bolivarian National Armed Forces, 

6 including the Bolivarian National Guard; 

7 (B) the Bolivarian National Intelligence 

8 Service; 

9 (C) the Bolivarian National Police; and 

10 (D) the Bureau for Scientific, Criminal and 

11 Forensic Investigations of the Ministry of Inte12 rior, Justice, and Peace. 

13 (6) UNITED STATES PERSON.—The term ‘‘United 

14 States person’’ means— 

15 (A) a United States citizen or an alien law16 fully admitted for permanent residence to the 

17 United States; or 

18 (B) an entity organized under the laws of 

19 the United States or of any jurisdiction within 

20 the United States, including a foreign branch of 

21 such an entity. 

22 (c) RESTRICTION ON EXPORT OF COVERED ARTICLES

23 AND SERVICES TO CERTAIN SECURITY FORCES OF VEN24 EZUELA.— 
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•HR 1865 EAH 

1 (1) IN GENERAL.—Notwithstanding any other 

2 provision of law, covered articles or services may not 

3 be exported from the United States to any element of 

4 the security forces of the Maduro regime. 

5 (2) DETERMINATION.—Not later than 180 days 

6 after the date of the enactment of this Act, the Sec7 retary of State, in consultation with the Secretary of 

8 Commerce and the heads of other departments and 

9 agencies, as appropriate, shall— 

10 (A) determine, using such information that 

11 is available to the Secretary of State, whether 

12 any covered article or service has been trans13 ferred since July 2017 to the security forces of 

14 Venezuela without a license or other authoriza15 tion as required by law; and 

16 (B) submit such determination in writing 

17 to the appropriate congressional committees. 

18 (d) REPORT.— 

19 (1) IN GENERAL.—Not later than 180 days after 

20 the date of the enactment of this Act, the Secretary of 

21 State, in consultation with the Secretary of Com22 merce, as appropriate, shall submit a report to the 

23 appropriate congressional committees regarding the 

24 transfer by foreign persons of covered articles or serv-
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•HR 1865 EAH 

1 ices to elements of the security forces of Venezuela that 

2 are under the authority of the Maduro regime. 

3 (2) MATTERS TO BE INCLUDED.—The report re4 quired under paragraph (1) shall include— 

5 (A) a list of all significant transfers by for6 eign persons of covered articles or services to 

7 such elements of the security forces of Venezuela 

8 since July 2017; 

9 (B) a list of all foreign persons who main10 tain an existing defense relationship with such 

11 elements of the security forces of Venezuela; and 

12 (C) any known use of covered articles or 

13 services by such elements of the security forces of 

14 Venezuela or associated forces, including para15 military groups, that have coordinated with such 

16 security forces to assault, intimidate, or murder 

17 political activists, protesters, dissidents, and 

18 other civil society leaders, including Juan 

19 Guaido ́. 

20 (e) SUNSET.—This section shall terminate on the ear21 lier of— 

22 (1) the date that is 3 years after the date of the 

23 enactment of this Act; or 

24 (2) the date on which the President certifies to 

25 the appropriate congressional committees that the 
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•HR 1865 EAH 

1 Government of Venezuela has returned to a demo2 cratic form of government with respect for the essen3 tial elements of representative democracy as set forth 

4 in Article 3 of the Inter-American Democratic Char5 ter, adopted by the Organization of American States 

6 in Lima on September 11, 2001. 

7 Subtitle G—Cryptocurrency and En8 suring the Effectiveness of 

9 United States Sanctions 

10 SEC. 171. BRIEFING ON THE IMPACT OF 

11 CRYPTOCURRENCIES ON UNITED STATES 

12 SANCTIONS. 

13 (a) DEFINITION.—In this section, the term ‘‘appro14 priate congressional committees’’ means— 

15 (1) the Committee on Foreign Relations of the 

16 Senate; 

17 (2) the Committee on Banking, Housing, and 

18 Urban Affairs of the Senate; 

19 (3) the Committee on Foreign Affairs of the 

20 House of Representatives; and 

21 (4) the Committee on Financial Services of the 

22 House of Representatives. 

23 (b) METHODOLOGY.—Not later than 180 days after the 

24 date of the enactment of this Act, the Secretary of State 

25 and the Secretary of the Treasury, after consultation with 
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•HR 1865 EAH 

1 the Chairman of the Securities and Exchange Commission 

2 and the Chairman of the Commodity Futures Trading 

3 Commission, shall develop a methodology to assess how any 

4 digital currency, digital coin, or digital token, that was 

5 issued by, for, or on behalf of the Maduro regime is being 

6 utilized to circumvent or undermine United States sanc7 tions. 

8 (c) BRIEFING.—Not later than 180 days after the date 

9 of the enactment of this Act, the Secretary of State and the 

10 Secretary of the Treasury shall brief the appropriate con11 gressional committees on the methodology developed under 

12 subsection (b). 

13 Subtitle H—Miscellaneous 

14 Provisions 

15 SEC. 181. CONGRESSIONAL BRIEFINGS. 

16 (a) HUMANITARIAN ASSISTANCE; SANCTIONS COORDI17 NATION.— 

18 (1) IN GENERAL.—Not later than 15 days after 

19 any of the congressional committees listed in para20 graph (2) requests a briefing regarding the implemen21 tation— 

22 (A) of section 121, the Secretary of State 

23 and the Administrator of the United States 

24 Agency for International Development shall pro25 vide such briefing to such committee; and 
1239 

•HR 1865 EAH 

1 (B) of section 161, the Secretary of State 

2 shall provide such briefing to such committee. 

3 (2) CONGRESSIONAL COMMITTEES.—The commit4 tees listed in this paragraph are— 

5 (A) the Committee on Foreign Relations of 

6 the Senate; 

7 (B) the Committee on Appropriations of the 

8 Senate; 

9 (C) the Committee on Foreign Affairs of the 

10 House of Representatives; and 

11 (D) the Committee on Appropriations of the 

12 House of Representatives. 

13 (b) UNITED NATIONS; NEGOTIATED SOLUTION; 

14 CRIMES AGAINST HUMANITY.— 

15 (1) IN GENERAL.—Not later than 15 days after 

16 any congressional committee listed in paragraph (2) 

17 requests a briefing regarding the implementation of 

18 section 113, 122, or 142, the Secretary of State shall 

19 provide such briefing to such committee. 

20 (2) CONGRESSIONAL COMMITTEES.—The congres21 sional committees listed in this paragraph are— 

22 (A) the Committee on Foreign Relations of 

23 the Senate; and 

24 (B) the Committee on Foreign Affairs of the 

25 House of Representatives. 
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•HR 1865 EAH 

1 (c) REGIME COHESION.— 

2 (1) IN GENERAL.—Not later than 15 days after 

3 a congressional committee listed in paragraph (2) re4 quests a briefing regarding the implementation of sec5 tion 131, the Secretary of State and the Director of 

6 National Intelligence shall provide such briefing to 

7 such committee. 

8 (2) CONGRESSIONAL COMMITTEES.—The congres9 sional committees listed in this paragraph are— 

10 (A) the Committee on Foreign Relations of 

11 the Senate; 

12 (B) the Select Committee on Intelligence of 

13 the Senate; 

14 (C) the Committee on Foreign Affairs of the 

15 House of Representatives; and 

16 (D) the Permanent Select Committee on In17 telligence of the House of Representatives. 

18 (d) INTERNATIONAL ELECTION OBSERVATION; DEMO19 CRATIC CIVIL SOCIETY.—Not later than 15 days after a 

20 congressional committee listed in subsection (a)(2) requests 

21 a briefing regarding the implementation of section 143, the 

22 Secretary of State and the Administrator of the United 

23 States Agency for International Development shall provide 

24 such briefing to such committee. 
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•HR 1865 EAH 

1 (e) VISA RESTRICTIONS; SANCTIONS WAIVER.—Not 

2 later than 15 days after a congressional committee listed 

3 in subsection (b)(2) requests a briefing regarding the imple4 mentation of section 132 or 133, the Secretary of State shall 

5 provide such briefing to such committee. 

6 (f) RECOVERY OF STOLEN ASSETS.— 

7 (1) IN GENERAL.—Not later than 15 days after 

8 a congressional committee listed in paragraph (2) re9 quests a briefing regarding the implementation of sec10 tion 151, the Secretary of State, the Secretary of the 

11 Treasury, and the Attorney General shall provide 

12 such briefing to such committee. 

13 (2) CONGRESSIONAL COMMITTEES.—The congres14 sional committees listed in this paragraph are— 

15 (A) the Committee on Foreign Relations of 

16 the Senate; 

17 (B) the Committee on Banking, Housing, 

18 and Urban Affairs of the Senate; 

19 (C) the Committee on the Judiciary of the 

20 Senate; 

21 (D) the Committee on Foreign Affairs of the 

22 House of Representatives; 

23 (E) the Committee on Financial Services of 

24 the House of Representatives; and 
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•HR 1865 EAH 

1 (F) the Committee on the Judiciary of the 

2 House of Representatives. 

3 (g) PDVSA TRANSACTIONS WITH ROSNEFT.— 

4 (1) IN GENERAL.—Not later than 15 days after 

5 a congressional committee listed in paragraph (2) re6 quests a briefing regarding the implementation of sec7 tion 163, the Secretary of State, the Secretary of the 

8 Treasury, and the Secretary of Homeland Security 

9 shall provide such briefing to such committee. 

10 (2) CONGRESSIONAL COMMITTEES.—The congres11 sional committees listed in this paragraph are— 

12 (A) the Committee on Foreign Relations of 

13 the Senate; 

14 (B) the Committee on Homeland Security 

15 and Governmental Affairs of the Senate; 

16 (C) the Committee on Foreign Affairs of the 

17 House of Representatives; and 

18 (D) the Committee on Homeland Security 

19 of the House of Representatives. 

20 SEC. 182. PROHIBITION ON CONSTRUCTION OF PROVISIONS 

21 OF THIS TITLE AS AN AUTHORIZATION FOR 

22 THE USE OF MILITARY FORCE. 

23 Nothing in this title may be construed as an authoriza24 tion for the use of military force. 
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•HR 1865 EAH 

1 SEC. 183. EXTENSION AND TERMINATION OF SANCTIONS 

2 AGAINST VENEZUELA. 

3 (a) AMENDMENT.—Section 5(e) of the Venezuela De4 fense of Human Rights and Civil Society Act of 2014 (Pub5 lic Law 113–278; 50 U.S.C. 1701 note) is amended by strik6 ing ‘‘December 31, 2019’’ and inserting ‘‘December 31, 

7 2023’’. 

8 (b) TERMINATION.—The requirement to impose sanc9 tions under this title shall terminate on December 31, 2023. 

10 TITLE II—EASTERN MEDITERRA11 NEAN SECURITY AND ENERGY 

12 PARTNERSHIP 

13 SEC. 201. SHORT TITLE. 

14 This title may be cited as the ‘‘Eastern Mediterranean 

15 Security and Energy Partnership Act of 2019’’. 

16 SEC. 202. FINDINGS. 

17 Congress makes the following findings: 

18 (1) The security of partners and allies in the 

19 Eastern Mediterranean region is critical to the secu20 rity of the United States and Europe. 

21 (2) Greece is a valuable member of the North At22 lantic Treaty Organization (NATO) and a key pillar 

23 of stability in the Eastern Mediterranean. 

24 (3) Israel is a steadfast ally of the United States 

25 and has been designated a ‘‘major non-NATO ally’’ 

26 and ‘‘major strategic partner’’. 
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•HR 1865 EAH 

1 (4) Cyprus is a key strategic partner and signed 

2 a Statement of Intent with the United States on No3 vember 6, 2018, to enhance bilateral security coopera4 tion. 

5 (5) The countries of Greece, Cyprus, and Israel 

6 have participated in critical trilateral summits to 

7 improve cooperation on energy and security issues. 

8 (6) Secretary of State Mike Pompeo participated 

9 in the trilateral summit among Israel, Greece, and 

10 Cyprus on March 20, 2019. 

11 (7) The United States, Israel, Greece, and Cy12 prus oppose any action in the Eastern Mediterranean 

13 and the Aegean Sea that could challenge stability, 

14 violate international law, or undermine good neigh15 borly relations, and in a joint declaration on March 

16 21, 2019, agreed to ‘‘defend against external malign 

17 influences in the Eastern Mediterranean and the 

18 broader Middle East’’. 

19 (8) The recent discovery of what may be the re20 gion’s largest natural gas field off the Egyptian coast 

21 and the newest discoveries of natural gas off the coast 

22 of Cyprus could represent a significant and positive 

23 development for the Eastern Mediterranean and the 

24 Middle East, enhancing the region’s strategic energy 

25 significance. 
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•HR 1865 EAH 

1 (9) It is in the national security interest of the 

2 United States to promote, achieve, and maintain en3 ergy security among, and through cooperation with, 

4 allies. 

5 (10) Natural gas developments in the Eastern 

6 Mediterranean have the potential to provide economic 

7 gains and contribute to energy security in the region 

8 and Europe, as well as support European efforts to 

9 diversify away from natural gas supplied by the Rus10 sian Federation. 

11 (11) The soon to be completed Trans Adriatic 

12 Pipeline is a critical component of the Southern Gas 

13 Corridor and the European Union’s efforts to diver14 sify energy resources. 

15 (12) The proposed Eastern Mediterranean pipe16 line, if commercially viable, would provide for energy 

17 diversification in accordance with the European 

18 Union’s third energy package of reforms. 

19 (13) The United States acknowledges the achieve20 ments and importance of the Binational Industrial 

21 Research and Development Foundation (BIRD) and 

22 the United States-Israel Binational Science Founda23 tion (BSF) and supports continued multiyear fund24 ing to ensure the continuity of the programs of the 

25 Foundations. 
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•HR 1865 EAH 

1 (14) The United States has welcomed Greece’s al2 location of 2 percent of its gross domestic product 

3 (GDP) to defense in accordance with commitments 

4 made at the 2014 NATO Summit in Wales. 

5 (15) Energy exploration in the Eastern Medi6 terranean region must be safeguarded against threats 

7 posed by terrorist and extremist groups, including 

8 Hezbollah and any other actor in the region. 

9 (16) The energy exploration in the Republic of 

10 Cyprus’s Exclusive Economic Zone and territorial 

11 waters— 

12 (A) furthers United States interests by pro13 viding a potential alternative to Russian gas for 

14 United States allies and partners; and 

15 (B) should not be impeded by other sov16 ereign states. 

17 (17) The United States Government cooperates 

18 closely with Cyprus, Greece, and Israel through infor19 mation sharing agreements. 

20 (18) United States officials have assisted the 

21 Government of the Republic of Cyprus with crafting 

22 that nation’s national security strategy. 

23 (19) The United States Government provides 

24 training to Cypriot officials in areas such as cyberse-
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•HR 1865 EAH 

1 curity, counterterrorism, and explosive ordnance dis2 posal and stockpile management. 

3 (20) Israel, Greece, and Cyprus are valued mem4 bers of the Proliferation Security Initiative to combat 

5 the trafficking of weapons of mass destruction. 

6 (21) The Republic of Cyprus continues to work 

7 closely with the United Nations and regional partners 

8 in Europe to combat terrorism and violent extremism. 

9 (22) Despite robust economic and security rela10 tions with the United States, the Republic of Cyprus 

11 has been subject to a United States prohibition on the 

12 export of defense articles and services since 1987. 

13 (23) The 1987 arms prohibition was designed to 

14 restrict United States arms sales and transfers to the 

15 Republic of Cyprus and the occupied part of Cyprus 

16 to avoid hindering reunification efforts. 

17 (24) At least 40,000 Turkish troops are stationed 

18 in the occupied part of Cyprus with some weapons 

19 procured from the United States through mainland 

20 Turkey. 

21 (25) While the United States has, as a matter of 

22 policy, avoided the provision of defense articles and 

23 services to the Republic of Cyprus, the Government of 

24 Cyprus has, in the past, sought to obtain defense arti25 cles from other countries, including countries, such as 
1248 

•HR 1865 EAH 

1 Russia, that pose challenges to United States interests 

2 around the world. 

3 SEC. 203. STATEMENT OF POLICY. 

4 It is the policy of the United States— 

5 (1) to continue to actively participate in the tri6 lateral dialogue on energy, maritime security, cyber7 security and protection of critical infrastructure con8 ducted among Israel, Greece, and Cyprus; 

9 (2) to support diplomatic efforts with partners 

10 and allies to deepen energy security cooperation 

11 among Greece, Cyprus, and Israel and to encourage 

12 the private sector to make investments in energy in13 frastructure in the Eastern Mediterranean region; 

14 (3) to strongly support the completion of the 

15 Trans Adriatic and Eastern Mediterranean Pipelines 

16 and the establishment of liquified natural gas (LNG) 

17 terminals across the Eastern Mediterranean as a 

18 means of diversifying regional energy needs away 

19 from the Russian Federation; 

20 (4) to maintain a robust United States naval 

21 presence and investments in the naval facility at 

22 Souda Bay, Greece and develop deeper security co23 operation with Greece to include the recent MQ–9 de24 ployments to the Larissa Air Force Base and United 

25 States Army helicopter training in central Greece; 
1249 

•HR 1865 EAH 

1 (5) to welcome Greece’s commitment to move for2 ward with the Interconnector Greece-Bulgaria (IGB 

3 pipeline) and additional LNG terminals that will 

4 help facilitate delivery of non-Russian gas to the Bal5 kans and central Europe; 

6 (6) to support deepened security cooperation 

7 with the Republic of Cyprus through the removal of 

8 the arms embargo on the country; 

9 (7) to support robust International Military 

10 Education and Training (IMET) programming with 

11 Greece and the Republic of Cyprus; 

12 (8) to leverage relationships within the European 

13 Union to encourage investments in Cypriot border 

14 and maritime security; 

15 (9) to support efforts to counter Russian Federa16 tion interference and influence in the Eastern Medi17 terranean through increased security cooperation with 

18 Greece, Cyprus, and Israel, to include intelligence 

19 sharing, cyber, and maritime domain awareness; 

20 (10) to support the Republic of Cyprus’ efforts to 

21 regulate its banking industry to ensure that it is not 

22 used as a source of international money laundering 

23 and encourage additional measures toward that end; 

24 (11) to strongly oppose any actions that would 

25 trigger mandatory sanctions pursuant to section 231 
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•HR 1865 EAH 

1 of the Countering America’s Adversaries Through 

2 Sanctions Act (CAATSA) (Public Law 115–44), to 

3 include the purchase of military equipment from the 

4 Russian Federation; 

5 (12) to continue robust official strategic engage6 ment with Israel, Greece, and Cyprus; 

7 (13) to urge countries in the region to deny port 

8 services to Russian Federation vessels deployed to 

9 support the government of Bashar Al-Assad in Syria; 

10 (14) to support joint military exercises among 

11 Israel, Greece, and Cyprus; 

12 (15) to fully implement relevant CAATSA provi13 sions to prevent interference by the Russian Federa14 tion in the region; 

15 (16) to support efforts by countries in the region 

16 to demobilize military equipment supplied by the 

17 Russian Federation in favor of equipment provided 

18 by NATO and NATO-allied member countries; and 

19 (17) to strongly support the active and robust 

20 participation of Israel, Cyprus, and Greece in the 

21 Combating Terrorism Fellowship Program. 

22 SEC. 204. UNITED STATES-EASTERN MEDITERRANEAN EN23 ERGY COOPERATION. 

24 (a) IN GENERAL.—The Secretary of State, in coordi25 nation with the Secretary of Energy, may enter into cooper-
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•HR 1865 EAH 

1 ative agreements supporting and enhancing dialogue and 

2 planning involving international partnerships between the 

3 United States and Israel, Greece, and the Republic of Cy4 prus. 

5 (b) ANNUAL REPORTS.—If the Secretary of State, in 

6 coordination with the Secretary of Energy, enters into 

7 agreements authorized under subsection (a), the Secretary 

8 shall submit an annual report to the appropriate congres9 sional committees that describes— 

10 (1) actions taken to implement such agreements; 

11 and 

12 (2) any projects undertaken pursuant to such 

13 agreements. 

14 (c) UNITED STATES-EASTERN MEDITERRANEAN EN15 ERGY CENTER.—The Secretary of Energy, in coordination 

16 with the Secretary of State, may establish a joint United 

17 States-Eastern Mediterranean Energy Center in the United 

18 States leveraging the experience, knowledge, and expertise 

19 of institutions of higher education and entities in the pri20 vate sector, among others, in offshore energy development 

21 to further dialogue and collaboration to develop more robust 

22 academic cooperation in energy innovation technology and 

23 engineering, water science, technology transfer, and anal24 ysis of emerging geopolitical implications, which include 
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•HR 1865 EAH 

1 opportunities as well as crises and threats from foreign nat2 ural resource and energy acquisitions. 

3 SEC. 205. REPEAL OF PROHIBITION ON TRANSFER OF ARTI4 CLES ON THE UNITED STATES MUNITIONS 

5 LIST TO THE REPUBLIC OF CYPRUS. 

6 (a) SENSE OF CONGRESS.—It is the sense of Congress 

7 that— 

8 (1) allowing for the export, re-export or transfer 

9 of arms subject to the United States Munitions List 

10 (part 121 of title 22, Code of Federal Regulations) to 

11 the Republic of Cyprus would advance United States 

12 security interests in Europe by helping to reduce the 

13 dependence of the Government of the Republic of Cy14 prus on other countries, including countries that pose 

15 challenges to United States interests around the 

16 world, for defense-related materiel; and 

17 (2) it is in the interest of the United States to 

18 continue to support United Nations-facilitated efforts 

19 toward a comprehensive solution to the division of 

20 Cyprus. 

21 (b) MODIFICATION OF PROHIBITION.—Section 620C(e) 

22 of the Foreign Assistance Act of 1961 (22 U.S.C. 2373(e)) 

23 is amended— 
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•HR 1865 EAH 

1 (1) in paragraph (1), by striking ‘‘Any agree2 ment’’ and inserting ‘‘Except as provided in para3 graph (3), any agreement’’; and 

4 (2) by adding at the end the following new para5 graph: 

6 ‘‘(3) The requirement under paragraph (1) shall not 

7 apply to any sale or other provision of any defense article 

8 or defense service to Cyprus if the end-user of such defense 

9 article or defense service is the Government of the Republic 

10 of Cyprus.’’. 

11 (c) EXCLUSION OF THE GOVERNMENT OF THE REPUB12 LIC OF CYPRUS FROM CERTAIN RELATED REGULATIONS.— 

13 (1) IN GENERAL.—Subject to subsection (d) and 

14 except as provided in paragraph (2), beginning on the 

15 date of the enactment of this Act, the Secretary of 

16 State shall not apply a policy of denial for exports, 

17 re-exports, or transfers of defense articles and defense 

18 services destined for or originating in the Republic of 

19 Cyprus if— 

20 (A) the request is made by or on behalf of 

21 the Government of the Republic of Cyprus; and 

22 (B) the end-user of such defense articles or 

23 defense services is the Government of the Repub24 lic of Cyprus. 
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•HR 1865 EAH 

1 (2) EXCEPTION.—This exclusion shall not apply 

2 to any denial based upon credible human rights con3 cerns. 

4 (d) LIMITATIONS ON THE TRANSFER OF ARTICLES ON

5 THE UNITED STATES MUNITIONS LIST TO THE REPUBLIC

6 OF CYPRUS.— 

7 (1) IN GENERAL.—The policy of denial for ex8 ports, re-exports, or transfers of defense articles on the 

9 United States Munitions List to the Republic of Cy10 prus shall remain in place unless the President deter11 mines and certifies to the appropriate congressional 

12 committees not less than annually that— 

13 (A) the Government of the Republic of Cy14 prus is continuing to cooperate with the United 

15 States Government in efforts to implement re16 forms on anti-money laundering regulations and 

17 financial regulatory oversight; and 

18 (B) the Government of the Republic of Cy19 prus has made and is continuing to take the 

20 steps necessary to deny Russian military vessels 

21 access to ports for refueling and servicing. 

22 (2) WAIVER.—The President may waive the lim23 itations contained in this subsection for one fiscal 

24 year if the President determines that it is essential to 
1255 

•HR 1865 EAH 

1 the national security interests of the United States to 

2 do so. 

3 (3) APPROPRIATE CONGRESSIONAL COMMITTEES

4 DEFINED.—In this section, the term ‘‘appropriate 

5 congressional committees’’ means— 

6 (A) the Committee on Foreign Relations 

7 and the Committee on Armed Services of the 

8 Senate; and 

9 (B) the Committee on Foreign Affairs and 

10 the Committee on Armed Services of the House 

11 of Representatives. 

12 SEC. 206. IMET COOPERATION WITH GREECE AND THE RE13 PUBLIC OF CYPRUS. 

14 There is authorized to be appropriated $1,300,000 for 

15 fiscal year 2020, $1,500,000 for fiscal year 2021, and 

16 $1,800,000 for fiscal year 2022 for International Military 

17 Education and Training (IMET) assistance for Greece and 

18 $200,000 for fiscal year 2020, $500,000 for fiscal year 2021, 

19 and $750,000 for fiscal year 2022 for such assistance for 

20 the Republic of Cyprus. The assistance shall be made avail21 able for the following purposes: 

22 (1) Training of future leaders. 

23 (2) Fostering a better understanding of the 

24 United States. 
1256 

•HR 1865 EAH 

1 (3) Establishing a rapport between the United 

2 States military and the country’s military to build 

3 alliances for the future. 

4 (4) Enhancement of interoperability and capa5 bilities for joint operations. 

6 (5) Focusing on professional military education. 

7 (6) Enabling countries to use their national 

8 funds to receive a reduced cost for other Department 

9 of Defense education and training. 

10 SEC. 207. FOREIGN MILITARY FINANCING. 

11 (a) AUTHORIZATION OF APPROPRIATIONS.—There is 

12 authorized to be appropriated for fiscal year 2021 up to 

13 $3,000,000 for Foreign Military Financing (FMF) assist14 ance for Greece to assist the country in meeting its commit15 ment as a member of the North Atlantic Treaty Organiza16 tion (NATO) to dedicate 20 percent of its defense budget 

17 to enhance research and development. 

18 (b) SENSE OF CONGRESS.—It is the sense of Congress 

19 that Greece should receive robust support under the Euro20 pean Recapitalization Incentive Program implemented by 

21 the Department of Defense. 
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•HR 1865 EAH 

1 SEC. 208. STRATEGY ON UNITED STATES SECURITY AND EN2 ERGY COOPERATION IN THE EASTERN MEDI3 TERRANEAN. 

4 (a) IN GENERAL.—Not later than 90 days after the 

5 date of the enactment of this Act, the Secretary of State, 

6 in consultation with the Secretary of Defense and the Sec7 retary of Energy, shall submit to the appropriate congres8 sional committees a strategy on enhanced security and en9 ergy cooperation with countries in the Eastern Mediterra10 nean region, including Israel, the Republic of Cyprus, and 

11 Greece. 

12 (b) ELEMENTS.—The report required under subsection 

13 (a) shall include the following elements: 

14 (1) A description of United States participation 

15 in and support for the Eastern Mediterranean Nat16 ural Gas Forum. 

17 (2) An evaluation of all possible delivery mecha18 nisms into Europe for natural gas discoveries in the 

19 Eastern Mediterranean region. 

20 (3) An evaluation of efforts to protect energy ex21 ploration infrastructure in the region, including in22 frastructure owned or operated by United States com23 panies. 

24 (4) An assessment of the capacity of the Republic 

25 of Cyprus to host an Energy Crisis Center in the re26 gion which could provide basing facilities in support 
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1 of search and rescue efforts in the event of an acci2 dent. 

3 (5) An assessment of the timing of potential nat4 ural gas delivery in the region as well as an assess5 ment of the ultimate destination countries for the nat6 ural gas delivery from the region. 

7 (6) A plan to work with United States businesses 

8 seeking to invest in Eastern Mediterranean energy ex9 ploration, development, and cooperation. 

10 (c) FORM.—The report required under subsection (a) 

11 shall be submitted in unclassified form, but may contain 

12 a classified annex. 

13 SEC. 209. REPORT ON RUSSIAN FEDERATION MALIGN IN14 FLUENCE IN THE EASTERN MEDITERRANEAN. 

15 (a) IN GENERAL.—Not later than 90 days after the 

16 date of the enactment of this Act, the Secretary of State 

17 shall submit to the appropriate congressional committees a 

18 report on Russian Federation malign influence in the Re19 public of Cyprus, Greece, and Israel since January 1, 2017. 

20 (b) ELEMENTS.—The report required under subsection 

21 (a) shall include the following elements: 

22 (1) An assessment of security, political, and en23 ergy goals of the Russian Federation in the Eastern 

24 Mediterranean. 
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1 (2) A description of energy projects of the Gov2 ernment of the Russian Federation in the Eastern 

3 Mediterranean. 

4 (3) A listing of Russian national ownership of 

5 media outlets in these countries, including the name 

6 of the media outlet, approximate viewership, and as7 sessment of whether the outlet promotes pro-Kremlin 

8 views. 

9 (4) An assessment of military engagement by the 

10 Government of the Russian Federation in the security 

11 sector, including engagement by military equipment 

12 and personnel contractors. 

13 (5) An assessment of efforts supported by the 

14 Government of the Russian Federation to influence 

15 elections in the three countries, through the use of 

16 cyber attacks, social media campaigns, or other ma17 lign influence techniques. 

18 (6) An assessment of efforts by the Government 

19 of the Russian Federation to intimidate and influence 

20 the decision by His All Holiness Ecumenical Patri21 arch Bartholomew, leader of 300,000,000 Orthodox 

22 Christians worldwide, to grant autocephaly to the 

23 Ukrainian Orthodox Church. 
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1 (c) FORM.—The report required under subsection (a) 

2 shall be submitted in unclassified form, but may contain 

3 a classified annex. 

4 SEC. 210. REPORT ON INTERFERENCE BY OTHER COUN5 TRIES IN THE EXCLUSIVE ECONOMIC ZONE 

6 OF THE REPUBLIC OF CYPRUS. 

7 (a) IN GENERAL.—Not later than 90 days after the 

8 date of the enactment of this Act, the Secretary of State, 

9 in consultation with the Secretary of Defense and the Sec10 retary of Energy, shall submit to the appropriate congres11 sional committees a report listing incidents since January 

12 1, 2017, determined by the Secretary of State to interfere 

13 in efforts by the Republic of Cyprus to explore and exploit 

14 natural resources in its Exclusive Economic Zone. 

15 (b) FORM.—The report required under subsection (a) 

16 shall be submitted in unclassified form, but may contain 

17 a classified annex. 

18 SEC. 211. REPORT ON INTERFERENCE BY OTHER COUN19 TRIES IN THE AIRSPACE OF GREECE. 

20 (a) IN GENERAL.—Not later than 90 days after the 

21 date of the enactment of this Act, the Secretary of State, 

22 in consultation with the Secretary of Defense, shall submit 

23 to the appropriate congressional committees a report listing 

24 incidents since January 1, 2017, determined by the Sec-
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1 retary of State to be violations of the airspace of the sov2 ereign territory of Greece by its neighbors. 

3 (b) FORM.—The report required under subsection (a) 

4 shall be submitted in unclassified form, but may contain 

5 a classified annex. 

6 SEC. 212. APPROPRIATE CONGRESSIONAL COMMITTEES. 

7 In this title, the term ‘‘appropriate congressional com8 mittees’’ means the Committee on Foreign Relations of the 

9 Senate and the Committee on Foreign Affairs of the House 

10 of Representatives. 

11 TITLE III—END NEGLECTED 

12 TROPICAL DISEASES ACT 

13 SEC. 301. SHORT TITLE. 

14 This title may be cited as the ‘‘End Neglected Tropical 

15 Diseases Act’’. 

16 SEC. 302. STATEMENT OF POLICY. 

17 It is the policy of the United States to support a broad 

18 range of implementation and research and development ac19 tivities that work toward the achievement of cost-effective 

20 and sustainable treatment, control, and, where possible, 

21 elimination of neglected tropical diseases for the economic 

22 and social well-being of all people. 

23 SEC. 303. DEFINITION. 

24 In this title, the terms ‘‘neglected tropical diseases’’ 

25 and ‘‘NTDs’’— 
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1 (1) mean infections caused by pathogens, includ2 ing viruses, bacteria, protozoa, and helminths that 

3 disproportionately impact individuals living in ex4 treme poverty, especially in developing countries; and 

5 (2) include— 

6 (A) Buruli ulcer (Mycobacterium Ulcerans 

7 infection); 

8 (B) Chagas disease; 

9 (C) dengue or severe dengue fever; 

10 (D) dracunculiasis (Guinea worm disease); 

11 (E) echinococcosis; 

12 (F) foodborne trematodiases; 

13 (G) human African trypanosomiasis (sleep14 ing sickness); 

15 (H) leishmaniasis; 

16 (I) leprosy; 

17 (J) lymphatic filariasis (elephantiasis); 

18 (K) onchocerciasis (river blindness); 

19 (L) scabies; 

20 (M) schistosomiasis; 

21 (N) soil-transmitted helminthiases (STH) 

22 (roundworm, whipworm, and hookworm); 

23 (O) taeniasis/cysticercosis; 

24 (P) trachoma; and 

25 (Q) yaws (endemic treponematoses). 
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1 SEC. 304. EXPANSION OF UNITED STATES AGENCY FOR 

2 INTERNATIONAL DEVELOPMENT NEGLECTED 

3 TROPICAL DISEASES PROGRAM. 

4 (a) SENSE OF CONGRESS.—It is the sense of Congress 

5 that the Neglected Tropical Diseases Program, as in effect 

6 on the date of the enactment of this Act, should— 

7 (1) provide integrated drug treatment packages 

8 to as many individuals suffering from NTDs or at 

9 risk of acquiring NTDs, including individuals dis10 placed by manmade and natural disasters, as 

11 logistically feasible; 

12 (2) better integrate NTD control and treatment 

13 tools and approaches into complementary develop14 ment and global health programs by coordinating, to 

15 the extent practicable and appropriate, across mul16 tiple sectors, including those relating to HIV/AIDS, 

17 malaria, tuberculosis, education, nutrition, other in18 fectious diseases, maternal and child health, and 

19 water, sanitation, and hygiene; 

20 (3) establish low-cost, high-impact community21 and school-based NTD programs to reach large at-risk 

22 populations, including school-age children, with inte23 grated drug treatment packages, as feasible; 

24 (4) as opportunities emerge and resources allow, 

25 engage in research and development of new tools and 

26 approaches to reach the goals relating to the elimi-
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1 nation of NTDs as set forth by the 2012 World Health 

2 Organization publication ‘‘Accelerating Work to Over3 come the Global Impact of Neglected Tropical Dis4 eases: A Roadmap for Implementation’’, including for 

5 Chagas disease, Guinea worm, human African 

6 trypanosomiasis (sleeping sickness), leprosy, and vis7 ceral leishmaniasis; and 

8 (5) monitor research on and developments in the 

9 prevention and treatment of other NTDs so break10 throughs can be incorporated into the Neglected Trop11 ical Diseases Program, as practicable and appro12 priate. 

13 (b) PROGRAM PRIORITIES.—The Administrator of the 

14 United States Agency for International Development (re15 ferred to in this section as the ‘‘Administrator’’) should in16 corporate the following priorities into the Neglected Trop17 ical Diseases Program (as in effect on the date of the enact18 ment of this Act): 

19 (1) Planning for and conducting robust moni20 toring and evaluation of program investments in 

21 order to accurately measure impact, identify and 

22 share lessons learned, and inform future NTD control 

23 and elimination strategies. 

24 (2) Coordinating program activities with com25 plementary development and global health programs 
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1 of the United States Agency for International Devel2 opment, including programs relating to water, sani3 tation, and hygiene, food and nutrition security, and 

4 education (both primary and secondary), in order to 

5 advance the goals of the London Declaration on Ne6 glected Tropical Diseases (2012). 

7 (3) Including morbidity management in treat8 ment plans for high-burden NTDs. 

9 (4) Incorporating NTDs included in the Global 

10 Burden of Disease Study 2010 into the program as 

11 opportunities emerge, to the extent practicable and 

12 appropriate. 

13 (5) Continuing investments in the research and 

14 development of new tools and approaches that com15 plement existing research investments and ensure that 

16 new discoveries make it through the pipeline and be17 come available to individuals who need them most. 

18 SEC. 305. ACTIONS BY DEPARTMENT OF STATE. 

19 (a) OFFICE OF THE GLOBAL AIDS COORDINATOR.— 

20 It is the sense of Congress that the Coordinator of United 

21 States Government Activities to Combat HIV/AIDS Glob22 ally should fully consider evolving research on the impact 

23 of NTDs on efforts to control HIV/AIDS when making fu24 ture programming decisions, as necessary and appropriate. 

25 (b) GLOBAL PROGRAMMING.— 
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1 (1) IN GENERAL.—The Secretary of State should 

2 encourage the Global Fund to take into consideration 

3 evolving research on the impact of NTDs on efforts to 

4 control HIV/AIDS when making programming deci5 sions, particularly with regard to female genital 

6 schistosomiasis, which studies suggest may be one of 

7 the most significant cofactors in the AIDS epidemic 

8 in Africa, as necessary and appropriate. 

9 (2) GLOBAL FUND.—In this subsection, the term 

10 ‘‘Global Fund’’ means the public-private partnership 

11 known as the Global Fund to Fight AIDS, Tuber12 culosis and Malaria established pursuant to Article 

13 80 of the Swiss Civil Code. 

14 (c) G–20 COUNTRIES.—The Secretary of State, acting 

15 through the Office of Global Health Diplomacy, should en16 courage G–20 countries to significantly increase their role 

17 in the control and elimination of NTDs. 

18 SEC. 306. MULTILATERAL DEVELOPMENT AND HEALTH IN19 STITUTIONS. 

20 (a) FINDING.—Congress finds that the treatment of 

21 NTDs, including community- and school-based deworming 

22 programs, can be a highly cost-effective intervention, and 

23 schools can serve as an effective delivery mechanism for 

24 reaching large numbers of children with safe treatment for 
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1 soil-transmitted helminthiases (roundworm, whipworm, 

2 and hookworm) in particular. 

3 (b) UNITED NATIONS.—The President should direct the 

4 United States Permanent Representative to the United Na5 tions to use the voice, vote, and influence of the United 

6 States to urge the World Health Organization and the 

7 United Nations Development Programme to— 

8 (1) ensure the dissemination of best practices 

9 and programming on NTDs to governments and make 

10 data accessible to practitioners in an open and timely 

11 fashion; 

12 (2) highlight impacts of community- and school13 based deworming programs on children’s health and 

14 education, emphasizing the cost-effectiveness of such 

15 programs; 

16 (3) encourage governments to implement 

17 deworming campaigns at the national level; 

18 (4) consider the designation of a portion of grant 

19 funds of the institutions to deworming initiatives and 

20 cross-sectoral collaboration with water, sanitation, 

21 and hygiene efforts and nutrition or education pro22 gramming, as practicable and appropriate; 

23 (5) encourage accurate monitoring and evalua24 tion of NTD programs, including deworming pro25 grams; and 
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1 (6) engage governments in cross-border initia2 tives for the treatment, control, prevention, and elimi3 nation of NTDs, and assist in developing 

4 transnational agreements, when and where necessary. 

5 SEC. 307. RULE OF CONSTRUCTION. 

6 Nothing in this title may be construed to increase au7 thorizations of appropriations for the United States Agency 

8 for International Development. 

9 TITLE IV—PREVENTING CHILD 

10 MARRIAGE IN DISPLACED 

11 POPULATIONS 

12 SEC. 401. SHORT TITLE. 

13 This title may be cited as the ‘‘Preventing Child Mar14 riage in Displaced Populations Act’’. 

15 SEC. 402. FINDINGS. 

16 Congress finds the following: 

17 (1) According to United Nations Children’s 

18 Fund (UNICEF), 12,000,000 girls marry before the 

19 age of 18 every year. 

20 (2) Early marriage denies children, especially 

21 girls, their right to make vital decisions about their 

22 well-being, including relating to their health, family, 

23 and career. Child brides are less likely to finish their 

24 education, and are at higher risk for abuse, con-
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1 tracting HIV, and dying while pregnant or giving 

2 birth. 

3 (3) Child marriage also imposes substantial eco4 nomic costs to developing countries, impeding devel5 opment and prosperity gains. 

6 (4) Displaced populations are particularly vul7 nerable to child marriage, in communities where pov8 erty, instability, and displacement put pressure on 

9 families to marry children, particularly young girls, 

10 off at a young age. 

11 (5) One United Nations (UN) study found that 

12 child marriage rates were 4 times higher among dis13 placed Syrian refugees than among Syrians before the 

14 crisis. This indicates that displacement, instability, 

15 and poverty are driving child marriages. 

16 (6) United Nations agencies, including UNICEF 

17 and the United Nations High Commissioner for Refu18 gees (UNHCR), have acknowledged the dangers of 

19 child marriage and taken steps to address its risk in 

20 the populations they serve. 

21 (7) The UN Joint Program on Child Marriage 

22 supports this work by building the resilience of popu23 lations to indirectly prevent child marriage and by 

24 generating new data and evidence on the prevalence 

25 of child marriage in humanitarian and fragile set-
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1 tings. For example, in Uganda, the UN Joint Pro2 gram on Child Marriage helped 27,000 adolescent 

3 girls strengthen critical skills through school clubs and 

4 Go Back to School campaigns, as well as life skills 

5 and financial literacy training. 

6 (8) After the UN Joint Program on Child Mar7 riage identified Yemen as one of its focus countries, 

8 65,000 people, of whom 45,000 are adolescents, were 

9 reached with awareness-raising activities on the 

10 harms of child marriage in 2018 alone. As a result, 

11 local council representatives, elders, and community 

12 leaders from 6 districts signed a pledge to support ad13 vocacy efforts to end child marriage. 

14 SEC. 403. PREVENTING CHILD MARRIAGE IN DISPLACED 

15 POPULATIONS. 

16 (a) IN GENERAL.—The President shall direct the 

17 United States Permanent Representative to the United Na18 tions to use the voice, vote, and influence of the United 

19 States at the United Nations to call for an adoption of an 

20 agreed upon definition of ‘‘child marriage’’ across United 

21 Nations agencies. 

22 (b) STRATEGY.—The President shall direct the United 

23 States Permanent Representative to the United Nations to 

24 use the voice, vote, and influence of the United States at 

25 the United Nations to call for the development of a com-
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1 prehensive strategy to address child marriage in refugee set2 tlements administered by the United Nations. The strategy 

3 should include the following elements: 

4 (1) A mandate to regularly collect and report 

5 data related to the number of known or suspected 

6 child marriages taking place inside each such settle7 ment. 

8 (2) Protocols for United Nations personnel re9 garding prevention and monitoring of child mar10 riages inside each such settlement. 

11 (3) A description of United Nations programs 

12 administered at such settlements that include— 

13 (A) physical, mental, and emotional reha14 bilitation and support to children who have ex15 tricated themselves from child marriage; and 

16 (B) alternatives to child marriage, such as 

17 education initiatives. 

18 (4) Protocols regarding how United Nations per19 sonnel should— 

20 (A) report adults participating in illegal 

21 child marriages in each such settlement; and 

22 (B) monitor the prosecution of such adults 

23 by the authorities of the country in which the 

24 settlement at issue is located. 
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1 (c) RESEARCH.—The President shall direct the United 

2 States Permanent Representative to the United Nations to 

3 use the voice, vote, and influence of the United States at 

4 the United Nations to advocate for the United Nations and 

5 its appropriate agencies to include, as appropriate, in all 

6 of its research regarding child marriage, the relationship 

7 between child marriage and violence against girls, includ8 ing young children and infants. 

9 (d) DEFINITIONS.—In this section: 

10 (1) CHILD MARRIAGE.—The term ‘‘child mar11 riage’’ means a formal marriage or informal union 

12 involving at least one person younger than age 18. 

13 (2) ILLEGAL CHILD MARRIAGE.—The term ‘‘ille14 gal child marriage’’ means a child marriage that is 

15 illegal under the laws of the country in which the 

16 child marriage occurs. 

17 TITLE V—GLOBAL FRAGILITY 

18 SEC. 501. SHORT TITLE. 

19 This title may be cited as the ‘‘Global Fragility Act 

20 of 2019’’. 

21 SEC. 502. APPROPRIATE CONGRESSIONAL COMMITTEES DE22 FINED. 

23 In this title: 
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1 (1) APPROPRIATE CONGRESSIONAL COMMIT2 TEES.—The term ‘‘appropriate congressional commit3 tees’’ means— 

4 (A) the Committee on Foreign Relations 

5 and the Committee on Appropriations of the 

6 Senate; and 

7 (B) the Committee on Foreign Affairs and 

8 the Committee on Appropriations of the House of 

9 Representatives. 

10 (2) RELEVANT FEDERAL DEPARTMENT OR AGEN11 CY.—The term ‘‘relevant Federal department or agen12 cy’’ means the Department of State, the United States 

13 Agency for International Development, the Depart14 ment of Defense, the Department of Treasury, and 

15 any other Federal department or agency the President 

16 determines is relevant to carry out the purposes of 

17 this title. 

18 SEC. 503. STATEMENT OF POLICY. 

19 It is the policy of the United States to seek to stabilize 

20 conflict-affected areas and prevent violence and fragility 

21 globally, including by— 

22 (1) ensuring that all relevant Federal depart23 ments and agencies coordinate to achieve coherent, 

24 long-term goals for programs designed to carry out 

25 such policy; 
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1 (2) seeking to improve global, regional, and local 

2 coordination of relevant international and multilat3 eral development and donor organizations regarding 

4 efforts to carry out such policy; and 

5 (3) enhancing the effectiveness of United States 

6 foreign assistance programs and activities to carry 

7 out such policy, including by improving assessment, 

8 monitoring, and evaluation conducted by the relevant 

9 Federal departments and agencies. 

10 SEC. 504. GLOBAL FRAGILITY STRATEGY. 

11 (a) STRATEGY.—The President, in coordination with 

12 the Secretary of State, the Administrator of the United 

13 States Agency for International Development (‘‘USAID’’), 

14 the Secretary of Defense, and the heads of other relevant 

15 Federal departments and agencies, shall establish a com16 prehensive, integrated, ten-year strategy, to be referred to 

17 as the ‘‘Global Fragility Strategy’’, to contribute to the sta18 bilization of conflict-affected areas, address global fragility, 

19 and strengthen the capacity of the United States to be an 

20 effective leader of international efforts to prevent extremism 

21 and violent conflict. The strategy shall focus on addressing 

22 long-term causes of fragility and violence, and shall— 

23 (1) consider the causes of fragility and violence 

24 at both the local and national levels, the external ac-
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1 tors that reinforce and exploit such conditions, and 

2 successful prevention strategies and their key features; 

3 (2) include specific objectives and multisectoral 

4 approaches to reduce fragility and the causes of vio5 lence, including those that strengthen state-society re6 lations, curb extremist ideology, and make society less 

7 vulnerable to the spread of extremism and violence; 

8 (3) encourage and empower local and national 

9 actors to address the concerns of their citizens, includ10 ing those in vulnerable communities, and build com11 munity resilience against violence and extremism; 

12 (4) address the long-term underlying causes of 

13 fragility and violence through participatory, locally 

14 led programs, empowering marginalized groups such 

15 as youth and women, inclusive dialogues and conflict 

16 resolutions processes, justice sector reform, good gov17 ernance, inclusive and accountable service delivery, 

18 and community policing and civilian security, in19 cluding by combatting impunity for security forces 

20 implicated in violations of internationally recognized 

21 human rights and other serious crimes; 

22 (5) describe approaches that ensure national 

23 leadership where appropriate and participatory en24 gagement by civil society and local partners in the 

25 design, implementation, and monitoring of programs; 
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1 (6) assign roles for relevant Federal departments 

2 and agencies to avoid duplication of efforts, while en3 suring that— 

4 (A) the Department of State is responsible 

5 for leading the drafting and execution of the 

6 strategy, establishing United States foreign pol7 icy, advancing diplomatic and political efforts, 

8 and overseeing the planning and implementation 

9 of security assistance and related civilian secu10 rity efforts; 

11 (B) USAID is responsible for overseeing 

12 prevention programs, and is the lead imple13 menting agency for development, humanitarian, 

14 and related non-security program policy; 

15 (C) activities undertaken or supported by 

16 the Department of Defense in relation to the 

17 Global Fragility Strategy are established through 

18 joint formulation and with the concurrence of the 

19 Secretary of State; and 

20 (D) other relevant Federal departments and 

21 agencies support the activities of the Department 

22 of State and USAID as appropriate, with the 

23 concurrence of the Secretary of State and the Ad24 ministrator of the United States Agency for 

25 International Development; 
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1 (7) describe programs that relevant Federal de2 partments and agencies will undertake to achieve the 

3 stated objectives, including descriptions of existing 

4 programs and funding by fiscal year and account; 

5 (8) identify mechanisms to improve coordination 

6 between the United States, foreign governments, and 

7 international organizations, including the World 

8 Bank, the United Nations, regional organizations, 

9 and private sector organizations; 

10 (9) address efforts to expand public-private part11 nerships and leverage private sector resources; 

12 (10) describe the criteria, metrics, and mecha13 nisms for monitoring and evaluation of programs and 

14 objectives in the strategy to ensure planning, imple15 mentation, and coordination are appropriately exe16 cuted and updated; 

17 (11) describe how the strategy will ensure that 

18 programs are country-led and context-specific; and 

19 (12) identify mechanisms or activities to reduce 

20 the risk that the programs, policies, or resources of the 

21 United States and its partners will facilitate corrup22 tion, empower or abet repressive local actors, or be ex23 ploited by extremists to gain support for their cause. 

24 (b) STAKEHOLDER CONSULTATION.—The Global Fra25 gility Strategy required under this section shall be devel-
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1 oped in consultation with representatives of civil society 

2 and national and local governance entities in countries and 

3 regions described in section 505, as well as relevant inter4 national development organizations with experience imple5 menting programs in fragile states, multilateral organiza6 tions and donors, relevant private, academic, and philan7 thropic entities, and the appropriate congressional commit8 tees. 

9 (c) REPORT.—Not later than 270 days after the date 

10 of the enactment of this Act, the President shall submit to 

11 the appropriate congressional committees a report setting 

12 forth the strategy described in subsection (a), which shall 

13 be submitted in unclassified form, but may include a classi14 fied annex if necessary, and shall include, at a minimum, 

15 the following elements: 

16 (1) The objectives, general and specific, of the 

17 strategy. 

18 (2) An identification of the relevant Federal de19 partments and agencies that will be involved and the 

20 assignment of priorities to such departments and 

21 agencies. 

22 (3) A description of the compact-based partner23 ships that will be established to ensure local leader24 ship of strategies, policy, and programs, as well as 
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1 mutual accountability for results and resources need2 ed to support such partnerships. 

3 (4) An identification of the authorities, staffing, 

4 and other requirements, as necessary and appro5 priate, needed to effectively implement the Global 

6 Fragility Strategy. 

7 (5) A description of the ways in which United 

8 States leadership will be used to enhance overall 

9 international prevention efforts, including through in10 creasing the engagement of the member states of the 

11 Group of Seven and Group of Twenty. 

12 (6) An identification of which officials of the De13 partment of State, USAID, and the Department of 

14 Defense, with a rank not lower than Assistant Sec15 retary or Assistant Administrator, will be responsible 

16 for leading and overseeing the strategy. 

17 (7) A list of priority countries and regions se18 lected pursuant to section 505, including descriptions 

19 of the rationale for such selections. 

20 SEC. 505. SELECTION OF PRIORITY COUNTRIES AND RE21 GIONS. 

22 (a) IN GENERAL.—The President, in coordination 

23 with the Secretary of State, the Administrator of the United 

24 States Agency for International Development, and the Sec25 retary of Defense, and in consultation with the appropriate 
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1 congressional committees specified in subsection (b), shall 

2 select certain countries as ‘‘priority countries’’ and certain 

3 regions as ‘‘priority regions’’ for the purpose of imple4 menting the Global Fragility Strategy required under sec5 tion 504— 

6 (1) on the basis of— 

7 (A) the national security interests of the 

8 United States; 

9 (B) clearly defined indicators of the levels of 

10 violence or fragility in such country or region, 

11 such as the country’s or region’s— 

12 (i) ranking on recognized global fra13 gility lists, such as the Organization for 

14 Economic Co-operation and Development 

15 States of Fragility report, the Fund for 

16 Peace Fragile States Index, the World Bank 

17 Harmonized List of Fragile Situations, the 

18 Institute for Economics and Peace Global 

19 Peace Index, and the Holocaust Museum 

20 Early Warning Project Risk Assessment; 

21 (ii) ranking on select United States 

22 Government conflict and atrocity early 

23 warning watch lists; 

24 (iii) levels of violence, including vio25 lence committed by armed groups, state ac-
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1 tors, and violent extremist organizations, 

2 gender-based violence, and violence against 

3 children and youth; and 

4 (iv) vulnerability to rising sea levels, 

5 flooding, drought, wildfires, desertification, 

6 deforestation, food insecurity, and human 

7 displacement; and 

8 (C) an assessment of— 

9 (i) the commitment and capacity of 

10 national and sub-national government enti11 ties and civil society partners in such coun12 try or region to work with relevant Federal 

13 departments and agencies on the Global 

14 Fragility Strategy, including by dem15 onstrating commitment to— 

16 (I) improving inclusive, trans17 parent, and accountable power struc18 tures, including effective, legitimate, 

19 and resilient national and sub-na20 tional institutions; and 

21 (II) ensuring strong foundations 

22 for human rights, rule of law, and 

23 equal access to justice; and 

24 (ii) the likelihood that United States 

25 assistance under the Global Fragility Strat-
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1 egy would measurably help to reduce fra2 gility, prevent the spread of extremism and 

3 violence, and stabilize conflict-affected areas 

4 in each such country or region; and 

5 (2) in a manner that ensures that not fewer than 

6 five countries or regions are selected, including not 

7 fewer than two in which the priority will be pre8 venting violent conflict and fragility, rather than sta9 bilizing ongoing conflicts. 

10 (b) CONSULTATION WITH CONGRESS.—Prior to final11 ization of the selection of priority countries and regions 

12 under subsection (a), representatives from the Department 

13 of State, USAID, the Department of Defense, and other rel14 evant Federal departments and agencies, as necessary and 

15 appropriate, shall brief the appropriate congressional com16 mittees on the countries and regions being considered and 

17 shall consider congressional input on such prioritization. 

18 SEC. 506. PRIORITY COUNTRY AND REGIONAL PLANS. 

19 Not later than one year after the date of the enactment 

20 of this Act, the President, in coordination with the Sec21 retary of State, the Administrator of the United States 

22 Agency for International Development, the Secretary of De23 fense, and the heads of other relevant Federal departments 

24 and agencies, shall submit to the appropriate congressional 

25 committees ten-year plans to align and integrate under the 
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1 Global Fragility Strategy established pursuant to section 

2 504 all relevant diplomatic, development, and security as3 sistance and activities of the United States Government 

4 with respect to each of the countries and regions selected 

5 pursuant to section 505. Each such country and regional 

6 plan shall include the following elements: 

7 (1) Specific multi-year interagency plans for co8 ordination and implementation under each such plan. 

9 (2) An up-to-date baseline analysis for each such 

10 country or region, including an analysis of the condi11 tions that contribute to violence and fragility. 

12 (3) Prioritized descriptions of the goals and ob13 jectives for stabilizing conflict-affected areas, reducing 

14 fragility, and preventing the spread of extremism and 

15 violence in each such country. 

16 (4) Descriptions of how and when the relevant 

17 goals, objectives, plans, and benchmarks for each such 

18 country or region will be incorporated into relevant 

19 United States country or regional plans and strate20 gies, including the National Security Strategy of the 

21 United States, the Stabilization Assistance Review, 

22 Department of State Integrated Country Strategies, 

23 USAID Country Development Cooperation Strategies, 

24 and Department of Defense Campaign Plans, Oper-
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1 ational Plans, and Regional Strategies, as well as 

2 any equivalent or successor plans or strategies. 

3 (5) Interagency plans to ensure that appropriate 

4 local actors, including government and civil society 

5 entities, have an appropriate ownership stake in de6 veloping, implementing, monitoring, and evaluating 

7 relevant activities under each such plan. 

8 (6) Interagency plans to integrate existing and 

9 planned security assistance and cooperation programs 

10 in each such country or region with the strategy, and 

11 to mitigate risks associated with such programs, in12 cluding risks related to corruption, governance, and 

13 human rights. 

14 (7) Assessment, monitoring, and evaluation 

15 frameworks for diplomatic, development, and security 

16 assistance and activities, which shall be informed by 

17 consultations with the stakeholders specified in section 

18 504(b), with clear metrics for each such country or re19 gion, as well as interagency plans for using such 

20 frameworks to adapt such activities on a regular 

21 basis. 

22 (8) Descriptions of available policy tools and 

23 how such tools will be used to reduce fragility, prevent 

24 the spread of extremism and violence, and stabilize 

25 conflict-affected areas in each such country or region. 
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1 (9) A description of how planning and imple2 mentation of assistance under the Global Fragility 

3 Strategy for each such country or region will be co4 ordinated in a manner that strengthens partnerships 

5 and leverages the unique expertise and resources of the 

6 United States Government and— 

7 (A) governments of such countries; 

8 (B) international development organiza9 tions; 

10 (C) relevant international donors; 

11 (D) multilateral organizations; and 

12 (E) the private sector. 

13 (10) A regional component outlining plans to 

14 address relevant transnational issues and how each 

15 such country is affected by or at risk of regional fra16 gility or violence. 

17 (11) When a region is selected, a component out18 lining plans to address factors at the individual coun19 try level that affect regional fragility or violence. 

20 SEC. 507. IMPLEMENTATION. 

21 The President, in coordination with the Secretary of 

22 State, the Administrator of the United States Agency for 

23 International Development, the Secretary of Defense, the 

24 heads of other relevant Federal departments and agencies, 

25 relevant United States ambassadors, USAID mission direc-
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1 tors, geographic combatant commanders, and other relevant 

2 individuals with responsibility over activities in each pri3 ority country or region selected pursuant to section 505, 

4 shall ensure that— 

5 (1) the Global Fragility Strategy required under 

6 section 504, including each of the country plans devel7 oped under section 506, is implemented, updated, and 

8 coordinated on a regular basis; and 

9 (2) the strategy is used to guide United States 

10 Government policy at a senior level and incorporated 

11 into relevant strategies and plans across the United 

12 States Government such that the activities of all rel13 evant Federal departments and agencies are con14 sistent with the strategy. 

15 SEC. 508. BIENNIAL REPORTS AND CONGRESSIONAL CON16 SULTATION. 

17 (a) BIENNIAL REPORTS.—Not later than two years 

18 after the submission of the plans required in section 506, 

19 and every two years thereafter until the date that is ten 

20 years after the date of submission of such plans, the Presi21 dent, the Secretary of State, the Administrator of the 

22 United States Agency for International Development, the 

23 Secretary of Defense, and the heads of other relevant Federal 

24 departments and agencies shall jointly submit to the appro25 priate congressional committees an unclassified report, 
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1 which may include a classified annex, on progress made 

2 and lessons learned with respect to implementation of the 

3 Global Fragility Strategy established pursuant to section 

4 504. The report shall include the following elements: 

5 (1) Descriptions of steps taken to incorporate the 

6 strategy into any relevant, existing country and re7 gional plans or strategies. 

8 (2) Accountings of all funding received and obli9 gated to implement each such country and regional 

10 plan during the previous two years, and, to the extent 

11 feasible, projections of funding to be requested, 

12 planned, and implemented for the following two 

13 years. 

14 (3) Descriptions of progress made towards 

15 achieving specific targets, metrics, and indicators for 

16 each priority country and region. 

17 (4) Descriptions of any changes made to pro18 grams based on the results of assessment, monitoring, 

19 and evaluation for each priority country and region. 

20 (b) CONGRESSIONAL CONSULTATION.—The Secretary 

21 of State, the Administrator of the United States Agency for 

22 International Development, and the Secretary of Defense 

23 shall provide to any appropriate congressional committee 

24 briefings on the implementation of this title upon the re25 quest of any such committee. 
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1 SEC. 509. AUTHORIZATION OF APPROPRIATIONS. 

2 (a) PREVENTION AND STABILIZATION FUND.— 

3 (1) ESTABLISHMENT.—There is established in 

4 the Treasury of the United States a fund, which shall 

5 be known as the ‘‘Prevention and Stabilization Fund’’ 

6 (in this subsection referred to as ‘‘The Fund’’), to be 

7 administered by the Department of State and 

8 USAID, as appropriate, to support stabilization of 

9 conflict-affected areas and to mitigate fragility, in10 cluding through the Global Fragility Strategy estab11 lished pursuant to section 504, which shall replace the 

12 Relief and Recovery Fund. 

13 (2) AUTHORIZATION OF APPROPRIATIONS.— 

14 There is authorized to be appropriated to the Fund 

15 $200,000,000 for each of the fiscal years 2020 through 

16 2024. 

17 (3) PURPOSES OF THE FUND.— 

18 (A) IN GENERAL.—Amounts authorized to 

19 be appropriated to the Fund shall be used— 

20 (i) to support stabilization of conflict21 affected areas and prevent global fragility, 

22 including through the Global Fragility 

23 Strategy established pursuant to section 

24 504; and 

25 (ii) to provide assistance to areas liber26 ated or at risk from, or under the control of, 
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1 the Islamic State of Iraq and Syria, other 

2 terrorist organizations, or violent extremist 

3 organizations, including for stabilization 

4 assistance for vulnerable ethnic and reli5 gious minority communities affected by con6 flict. 

7 (B) AMOUNTS IN ADDITION.—Amounts au8 thorized to be appropriated to the Fund under 

9 this section are in addition to any funds other10 wise made available for the purposes described in 

11 paragraph (1). 

12 (4) CONGRESSIONAL NOTIFICATION.—Funds may 

13 not be obligated under this section unless the congres14 sional committees specified in section 634A of the 

15 Foreign Assistance Act of 1961 (22 U.S.C. 2394–1) 

16 are notified of the amount and nature of such pro17 posed obligation at least 15 days in advance of such 

18 proposed obligation, in accordance with the proce19 dures applicable to notifications regarding 

20 reprogrammings pursuant to such section. 

21 (b) COMPLEX CRISIS FUND.— 

22 (1) ESTABLISHMENT.—There is established in 

23 the Treasury of the United States a fund, which shall 

24 be known as the ‘‘Complex Crises Fund’’ (in this sub25 section referred to as the ‘‘Fund’’), to be administered 
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1 by USAID, to support programs and activities to pre2 vent or respond to emerging or unforeseen events over3 seas, including to support the Global Fragility Strat4 egy established pursuant to section 504. 

5 (2) AUTHORIZATION OF APPROPRIATIONS.— 

6 There is authorized to be appropriated to the Fund 

7 $30,000,000 for each of the fiscal years 2020 through 

8 2024, which shall remain available until expended. 

9 (3) PURPOSES OF THE FUND.— 

10 (A) IN GENERAL.—Notwithstanding any 

11 other provision of law, except section 620M of the 

12 Foreign Assistance Act of 1961 (22 U.S.C. 

13 2378d), amounts in the Fund may be used to 

14 carry out the provisions of the Foreign Assist15 ance Act of 1961 (22 U.S.C. 2151 et seq.) to sup16 port programs and activities to prevent or re17 spond to emerging or unforeseen foreign chal18 lenges and complex crises overseas, including 

19 through the Global Fragility Strategy established 

20 pursuant to section 504. 

21 (B) AMOUNTS IN ADDITION.—Amounts au22 thorized to be appropriated to the Fund are in 

23 addition to any amounts otherwise made avail24 able for the purposes described in subparagraph 

25 (A). 
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1 (4) LIMITATIONS.— 

2 (A) IN GENERAL.—Amounts in the Fund 

3 may not be expended for lethal assistance or to 

4 respond to natural disasters. 

5 (B) ADMINISTRATIVE EXPENSES.—Not more 

6 than five percent of the amounts in the Fund 

7 may be used for administrative expenses. 

8 (5) CONGRESSIONAL NOTIFICATION.—The United 

9 States Agency for International Development shall 

10 notify the appropriate congressional committees not 

11 less than five days prior to the obligation of amounts 

12 in the Fund. 

13 (6) WAIVER.—The notification requirement 

14 under paragraph (5) may be waived if— 

15 (A) notification by the deadline specified in 

16 such paragraph would pose a substantial risk to 

17 human health or welfare; and 

18 (B) the appropriate congressional commit19 tees— 

20 (i) are notified as early as practicable 

21 but in no event later than three days after 

22 an obligation of amounts from the Fund; 

23 and 
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1 (ii) are provided with an explanation 

2 of the emergency circumstances that neces3 sitated such waiver. 

4 SEC. 510. IMPROVING AND LEVERAGING ASSISTANCE FOR 

5 THE GLOBAL FRAGILITY STRATEGY. 

6 (a) SENSE OF CONGRESS.—It is the sense of Congress 

7 that the President, the Secretary of State, the Administrator 

8 of the United States Agency for International Development, 

9 the Secretary of Defense, and the heads of other relevant 

10 Federal departments and agencies should— 

11 (1) develop more adaptive and responsive policy 

12 and program planning, implementation, and scaling 

13 under the Global Fragility Strategy established pur14 suant to section 504, and work with the appropriate 

15 congressional committees to identify any legislative 

16 changes that may be necessary to support such efforts; 

17 (2) better integrate the strategy and other con18 flict and violence reduction objectives and activities 

19 into other policy and program areas, where appro20 priate; and 

21 (3) support transparent and accountable multi22 lateral funds, initiatives, and strategies to enhance 

23 and better coordinate private and public efforts to 

24 stabilize conflict-affected areas and prevent violence 

25 and fragility globally. 
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1 (b) OTHER FUNDING AND COST MATCHING.—The 

2 Global Fragility Strategy established pursuant to section 

3 504— 

4 (1) may, after consultation with the appropriate 

5 congressional committees, be supported with funds 

6 other than funds authorized to be appropriated pursu7 ant to section 509; and 

8 (2) shall seek to leverage funds from sources other 

9 than the United States Government in order to pro10 mote coordination and cost-matching to the max11 imum extent practicable. 

12 (c) MULTI-DONOR GLOBAL FRAGILITY FUND.— 

13 (1) AUTHORITY.—Pursuant to sections 607 and 

14 632 of the Foreign Assistance Act of 1961 (22 U.S.C. 

15 2357 and 2392), and consistent with subsection (b), 

16 and after consultation with the appropriate congres17 sional committees, the Secretary of State is authorized 

18 to establish funding mechanisms, to include the estab19 lishment of a Global Fragility Fund, to leverage, re20 ceive, coordinate, and program funds provided by 

21 other donors and private sector partners to carry out 

22 the purposes of this title. 

23 (2) PURPOSES.—A funding mechanism estab24 lished pursuant to paragraph (1) should— 
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1 (A) include input from and participation 

2 by key bilateral and multilateral donors, rep3 resentatives of civil society, relevant nongovern4 mental organizations and private sector entities, 

5 and developing countries where fragility threat6 ens to exacerbate violent extremism and under7 mine development; 

8 (B) enhance donor coordination and co9 operation; 

10 (C) advance clearly defined goals, objectives, 

11 and metrics for monitoring, evaluating, and 

12 measuring progress; and 

13 (D) focus on strengthening national and 

14 local good governance and conflict resolution ca15 pacity in fragile and conflict-affected areas over 

16 the long-term through comprehensive, compact17 based agreements that support country-led strate18 gies. 

19 (3) CONGRESSIONAL NOTIFICATION.—Funds may 

20 not be obligated under this section except in consulta21 tion with the appropriate congressional committees 

22 and subject to the notification of such committees of 

23 the amount and proposed uses of such funds at least 

24 15 days in advance of such proposed obligation. 
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1 SEC. 511. RULE OF CONSTRUCTION. 

2 Nothing in this title shall be construed as a declaration 

3 of war or an authorization for the use of military force. 

4 TITLE VI—COMBATING WILDLIFE 

5 TRAFFICKING 

6 SEC. 601. SHORT TITLE. 

7 This title may be cited as the ‘‘Rescuing Animals With 

8 Rewards Act of 2019’’ or the ‘‘RAWR Act’’. 

9 SEC. 602. FINDINGS; SENSE OF CONGRESS. 

10 (a) FINDINGS.—Congress finds the following: 

11 (1) Wildlife trafficking is a major transnational 

12 crime that is estimated to generate over $10 billion a 

13 year in illegal profits and which is increasingly per14 petrated by organized, sophisticated criminal enter15 prises, including known terrorist organizations. 

16 (2) Wildlife trafficking not only threatens endan17 gered species worldwide, but also jeopardizes local se18 curity, spreads disease, undermines rule of law, fuels 

19 corruption, and damages economic development. 

20 (3) Combating wildlife trafficking requires a co21 ordinated and sustained approach at the global, re22 gional, national, and local levels. 

23 (4) Congress stated in the Eliminate, Neutralize, 

24 and Disrupt Wildlife Trafficking Act of 2016 that it 

25 is the policy of the United States to take immediate 

26 actions to stop the illegal global trade in wildlife and 
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1 wildlife products and associated transnational orga2 nized crime. 

3 (b) SENSE OF CONGRESS.—It is the sense of Congress 

4 that the Department of State’s rewards program is a power5 ful tool in combating sophisticated international crime and 

6 that the Department of State and Federal law enforcement 

7 should work in concert to offer rewards that target wildlife 

8 traffickers. 

9 SEC. 603. WILDLIFE TRAFFICKING PREVENTION AWARDS 

10 PROGRAM. 

11 Subparagraph (B) of section 36(k)(5) of the State De12 partment Basic Authorities Act of 1956 (22 U.S.C. 

13 2708(k)(5)) is amended by inserting ‘‘wildlife trafficking 

14 (as defined by section 2(12) of the Eliminate, Neutralize, 

15 and Disrupt Wildlife Trafficking Act of 2016 (16 U.S.C. 

16 7601(12); Public Law 114–231)) and’’ after ‘‘includes’’. 

17 TITLE VII—CHAMPIONING AMER18 ICAN BUSINESS THROUGH DI19 PLOMACY 

20 SEC. 701. SHORT TITLE. 

21 This title may be cited as the ‘‘Championing American 

22 Business Through Diplomacy Act of 2019’’. 

23 SEC. 702. FINDINGS. 

24 Congress makes the following findings: 
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1 (1) According to the 2017 National Security 

2 Strategy of the United States of America, ‘‘Retaining 

3 our position as the world’s preeminent economic actor 

4 strengthens our ability to use the tools of economic di5 plomacy for the good of Americans and others.’’. 

6 (2) A November 7, 2018, cable from Secretary of 

7 State Michael R. Pompeo to all diplomatic and con8 sular posts—‘‘Boosting Commercial Diplomacy 

9 Around the World’’—stated that ‘‘helping American 

10 companies is a foreign policy priority. . .Promoting 

11 broad-based, responsible, and sustainable economic 

12 growth helps to stabilize regions and creates new and 

13 growing markets for U.S. companies. A transparent 

14 and level playing field for U.S. investment in these 

15 countries counters real and growing challenges such 

16 as China’s Belt and Road initiative.’’. 

17 (3) In the January–February 2019 issue of The 

18 Foreign Service Journal, Ambassador Barbara Ste19 phenson, the President of the American Foreign Serv20 ice Association, wrote, ‘‘Foreign Service support for 

21 American business. . .is a major reason why the U.S. 

22 Foreign Service was created.’’. 
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1 SEC. 703. ECONOMIC DIPLOMACY WITHIN THE DEPART2 MENT OF STATE. 

3 Subsection (c) of section 1 of the State Department 

4 Basic Authorities Act of 1956 (22 U.S.C. 2651a) is amend5 ed— 

6 (1) by redesignating paragraph (3) as para7 graph (4); and 

8 (2) by inserting after paragraph (2) the fol9 lowing new paragraph: 

10 ‘‘(3) ASSISTANT SECRETARY FOR ECONOMIC AND

11 BUSINESS MATTERS.— 

12 ‘‘(A) IN GENERAL.—Subject to the numer13 ical limitation specified in paragraph (1), there 

14 is authorized to be established in the Department 

15 of State an Assistant Secretary of State who 

16 shall be responsible to the Secretary of State for 

17 matters pertaining to international economics 

18 and business matters in the conduct of foreign 

19 policy. 

20 ‘‘(B) MATTERS CONTEMPLATED.—The mat21 ters referred to in subparagraph (A) include the 

22 following: 

23 ‘‘(i) International trade and invest24 ment policy. 

25 ‘‘(ii) International finance, economic 

26 development, and debt policy. 
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1 ‘‘(iii) Economic sanctions and com2 bating terrorist financing. 

3 ‘‘(iv) International transportation pol4 icy. 

5 ‘‘(v) Support for United States busi6 nesses. 

7 ‘‘(vi) Economic policy analysis and 

8 private sector outreach. 

9 ‘‘(vii) International data privacy and 

10 innovation policies. 

11 ‘‘(viii) Such other related duties as the 

12 Secretary may from time to time des13 ignate.’’. 

14 SEC. 704. CHIEF OF MISSION RESPONSIBILITIES. 

15 Section 207 of the Foreign Service Act of 1980 (22 

16 U.S.C. 3927) is amended by adding at the end the following 

17 new subsection: 

18 ‘‘(d) PROMOTION OF UNITED STATES ECONOMIC IN19 TERESTS.—Each chief of mission to a foreign country shall 

20 have as a principal duty the promotion of United States 

21 economic and commercial interests in such country.’’. 
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1 SEC. 705. INCREASED TRAINING IN ECONOMIC AND COM2 MERCIAL DIPLOMACY. 

3 Section 708 of the Foreign Service Act of 1980 (22 

4 U.S.C. 4028) is amended by adding at the end the following 

5 new subsection: 

6 ‘‘(d) ECONOMIC AND COMMERCIAL DIPLOMACY.—The 

7 Secretary of State, with the assistance of other relevant offi8 cials and the private sector, shall establish as part of the 

9 standard training provided for economic and commercial 

10 officers of the Foreign Service, chiefs of mission, and deputy 

11 chiefs of mission, training on matters related to economic 

12 and commercial diplomacy, with particular attention to 

13 market access and other elements of an enabling framework 

14 for United States businesses, commercial advocacy, and 

15 United States foreign economic policy, in addition to 

16 awareness about the support of the United States Govern17 ment available to United States businesses, including sup18 port provided by the Department of Agriculture, the De19 partment of Commerce, the Export-Import Bank of the 

20 United States, the Millennium Challenge Corporation, the 

21 Trade and Development Agency, the Department of the 

22 Treasury, the United States Agency for International De23 velopment, and the United States International Develop24 ment Finance Corporation.’’. 
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1 SEC. 706. REPORT FROM EACH MISSION ON MATTERS OF 

2 COMMERCIAL RELATIONS. 

3 (a) IN GENERAL.—Not later than 1 year after the date 

4 of the enactment of this Act and annually thereafter, the 

5 chief of mission at each bilateral diplomatic mission of the 

6 United States and the Director of the American Institute 

7 in Taiwan shall submit to the Secretary of State mission 

8 plans that include the following: 

9 (1) Data and other information regarding ac10 tions taken by each such mission or Institute during 

11 the previous year to foster commercial relations and 

12 safeguard United States economic and business inter13 ests in the country or region in which each such chief 

14 of mission and the Director serves. 

15 (2) Each such mission’s and Institute’s antici16 pated economic and commercial priorities for the 

17 coming year. 

18 (b) REPORT TO CONGRESS.—The Secretary of State, 

19 after receiving the information required under subsection 

20 (a), shall submit to the Committee on Foreign Affairs of 

21 the House of Representatives and the Committee on Foreign 

22 Relations of the Senate a report, disaggregated by country 

23 or region, on activities and initiatives, including with ap24 propriate examples, to create an enabling environment and 

25 otherwise promote United States economic and business in26 terests in each such country or region, as well as informa-
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1 tion about significant foreign competition to United States 

2 businesses in the relevant country or region, including 

3 state-directed investments by foreign governments and 

4 United States strategic competitors in such country or re5 gion. 

6 SEC. 707. CONSOLIDATED REPORT ON UNIFIED INVEST7 MENT CLIMATE STATEMENT AND COUNTRY 

8 COMMERCIAL GUIDE. 

9 (a) IN GENERAL.—The Secretary of State and the Sec10 retary of Commerce shall jointly produce and make publicly 

11 available on a United States Government internet website 

12 an annual country- and region-specific report regarding 

13 commercial relations with foreign countries and regions 

14 and safeguarding United States economic and business in15 terests abroad, including with regard to United States ex16 ports and investments, including by small- and medium17 size enterprises. 

18 (b) MATTERS TO BE INCLUDED.—Each report re19 quired under subsection (a) shall include the following with 

20 respect to each country or region covered by each such re21 port: 

22 (1) Information about doing business in each 

23 country or region. 

24 (2) Background information about each coun25 try’s or region’s political environment. 
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1 (3) Information about selling United States 

2 products and services in each country or region. 

3 (4) Leading sectors for United States exports 

4 and investment in each country or region. 

5 (5) Information about trade regulations, cus6 toms, and standards in each country or region, such 

7 as— 

8 (A) information on import tariffs; and 

9 (B) documentation about which United 

10 States businesses should be aware when export11 ing, including any prohibited items or tem12 porary entry procedures. 

13 (6) Investment climate statements describing 

14 each country’s or region’s openness to foreign invest15 ments, such as information relating to each country’s 

16 or region’s— 

17 (A) investment policies; 

18 (B) market barriers; 

19 (C) business risks; 

20 (D) legal and regulatory system, including 

21 dispute resolution; 

22 (E) level of public and private sector cor23 ruption; 

24 (F) level of political violence and insta25 bility; 
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1 (G) adherence to internationally recognized 

2 core labor standards; and 

3 (H) protection of property rights. 

4 (7) Information about trade and project financ5 ing in each country or region, such as each country’s 

6 or region’s— 

7 (A) banking and financial system, and how 

8 United States businesses typically get paid; 

9 (B) foreign exchange controls; and 

10 (C) important sources of funding for project 

11 financing. 

12 (8) Relevant business travel information and 

13 business customs in each country or region. 

14 (9) Information about services and personnel of 

15 the diplomatic mission of the United States available 

16 to United States businesses to support their activities 

17 in each country or region. 

18 (10) Any significant trade or commercial agree19 ment that exists between the United States and each 

20 country or region. 

21 (11) A point of contact at the diplomatic or con22 sular mission of the United States in each country or 

23 region for United States businesses. 
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1 (c) RULE OF CONSTRUCTION.—Nothing in this section 

2 may be construed to require the duplication of existing re3 ports. 

4 SEC. 708. WHOLE-OF-GOVERNMENT COORDINATION AND 

5 CONSULTATION TO SUPPORT UNITED STATES 

6 ECONOMIC AND BUSINESS INTERESTS. 

7 (a) IN GENERAL.—The Secretary of State, in consulta8 tion with the Administrator of the United States Agency 

9 for International Development, the Secretary of Commerce, 

10 the Secretary of the Treasury, and the United States Trade 

11 Representative, shall have primary responsibility for co12 ordinating a whole-of-government effort to expand United 

13 States efforts in supporting United States economic and 

14 business interests abroad. The Secretary may delegate re15 sponsibilities under this Act to a senior, Senate-confirmed 

16 Department of State official. 

17 (b) RESPONSIBILITIES.—The Secretary shall— 

18 (1) chair the interagency coordinating committee 

19 established under subsection (c); 

20 (2) develop and implement the joint strategic 

21 plan required under subsection (c)(4) for all United 

22 States trade-related and trade capacity building and 

23 related technical assistance programs, in consultation 

24 with the coordinating committee established under 

25 subsection (c); 
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1 (3) advise the Federal departments and agencies 

2 designated by the President to participate in the 

3 interagency coordinating committee under this section 

4 in identifying the most needed and effective ways for 

5 United States diplomatic and consular posts and the 

6 departments and agencies that staff such posts to sup7 port the expansion of United States trade relations 

8 with host governments; 

9 (4) consult with the private sector in the develop10 ment of government-wide trade expansion efforts, in11 cluding establishing a point of contact and lead office 

12 within the Department of State to receive private-sec13 tor recommendations and comments concerning trade 

14 capacity assistance, coordination, consultations, and 

15 country-specific issues; 

16 (5) consult with the Office of Management and 

17 Budget regarding the administrative and human re18 sources needs that may be required to implement the 

19 provisions of this title; and 

20 (6) brief Congress on trade capacity building 

21 programs and make recommendations, as appro22 priate, to Congress for improvements in trade capac23 ity building efforts. 

24 (c) ECONOMIC DIPLOMACY ACTION GROUP.— 
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•HR 1865 EAH 

1 (1) ESTABLISHMENT.—The President shall estab2 lish an interagency coordinating committee, to be 

3 known as the ‘‘Economic Diplomacy Action Group’’, 

4 to coordinate and carry out the purposes of this sec5 tion. 

6 (2) LEADERSHIP.—The Group shall be chaired 

7 by the Secretary of State and the vice-chairs shall be 

8 the United States Trade Representative and the Sec9 retary of Commerce. The Secretaries and the United 

10 States Trade Representative may delegate responsibil11 ities under this Act to appropriate, senior, Senate12 confirmed officials. 

13 (3) MEMBERSHIP.—The President may appoint 

14 to the Group senior officials from the United States 

15 Agency for International Development, the Depart16 ment of Agriculture, the Department of the Treasury, 

17 the Export-Import Bank, the United States Develop18 ment Finance Corporation, and any such other rel19 evant executive branch department or agency as the 

20 President determines to be substantially involved in 

21 trade capacity building and related assistance efforts 

22 in developing countries. 

23 (4) DEVELOPMENT OF JOINT STRATEGIC PLAN.— 

24 The Group shall develop a joint strategic plan for all 
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1 United States capacity building and technical assist2 ance programs. 

3 (d) DIPLOMACY TRADE EXPANSION ADVISORY COM4 MITTEE.— 

5 (1) ESTABLISHMENT OF TEAC.—The Chair and 

6 Vice-Chairs of the Economic Diplomacy Action Group 

7 shall establish a trade expansion advisory committee 

8 with selected representatives of the United States pri9 vate sector and other organizations, including labor 

10 organizations, with direct and relevant operational 

11 experience in importing from and exporting into de12 veloping countries, as appropriate, to provide com13 ment and advice on priorities for trade expansion 

14 initiatives. The Chair and Vice-Chairs of the Group 

15 may also appoint representatives from select non16 profit organizations to the advisory committee if such 

17 representatives can demonstrate both a presence in 

18 and relevant operational or programmatic experience 

19 with trade capacity building efforts in developing 

20 countries. 

21 (2) MEETINGS.—The trade expansion advisory 

22 committee shall convene at least twice annually or 

23 more often as necessary at the call of the Chair and 

24 Vice-Chairs of the Group. 
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1 (3) STRATEGIC PLANNING ADVICE.—The trade 

2 expansion advisory committee shall advise the Chair 

3 and Vice-Chairs of the Group on ways that embassies 

4 can better support the United States private sector 

5 abroad, including assisting the Chair and Vice6 Chairs— 

7 (A) in soliciting private-sector advice; 

8 (B) with respect to implementation of stra9 tegic planning; and 

10 (C) in advancing the overall mission and 

11 goals of United States national security. 

12 SEC. 709. PRIVATE SECTOR CONSULTATION AND COORDI13 NATION. 

14 (a) CONSULTATION WITH PRIVATE SECTOR BY EM15 BASSY.—In developing the priorities for trade expansion 

16 initiatives described in section 708(d), embassy mission 

17 teams shall convene local representatives of the United 

18 States private sector and the private sector of host countries 

19 to consult on issues affecting trade at the borders of such 

20 countries and take into account the private sector’s oper21 ational expertise and experience confronting the trade bar22 riers in such countries as well as its recommendations for 

23 reform and best practices. 

24 (b) INCLUSION OF PRIVATE-SECTOR COMMENTS IN

25 MISSION PLANS.—Written comments from local United 
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1 States private sector representatives shall be included in the 

2 trade expansion component of mission plans submitted by 

3 the chief of mission to the Secretary of State, with rec4 ommendations and comments from the mission team, for 

5 the purpose of informing the development of the joint stra6 tegic plan on trade expansion priorities required pursuant 

7 to section 708(c)(4) and recommended funding for the im8 plementation of such plan. 

9 (c) DESIGNATED EMBASSY POINT OF CONTACT FOR

10 PRIVATE SECTOR CONSULTATION.—Each chief of mission 

11 shall designate an appropriate point of contact within the 

12 embassy who shall receive recommendations from appro13 priate private sector representatives regarding the imple14 mentation of the strategic plan required under section 

15 708(c)(4) and ongoing trade barriers negatively impacting 

16 priority trade expansion. The chief of mission shall ensure 

17 that the designated point of contact shall be reasonably 

18 available for consultations with appropriate private sector 

19 representatives and to receive recommendations with respect 

20 to country-specific issues that may arise that will 

21 foreseeably disrupt trade. 

22 (d) REQUIREMENT TO PROTECT BUSINESS CONFIDEN23 TIAL INFORMATION.— 

24 (1) IN GENERAL.—The Secretary of State, Sec25 retary of Commerce, and United States Trade Rep-
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1 resentative as well as the heads of all other agencies 

2 involved in the Economic Diplomacy Action Group 

3 established under section 708(c) shall protect from 

4 disclosure any proprietary information submitted by 

5 any private sector representative and marked as 

6 ‘‘business confidential information’’, unless the party 

7 submitting the confidential business information had 

8 notice, at the time of submission, that such informa9 tion would be released by the head of any such de10 partment or agency, or such party subsequently con11 sents to the release of the information. To the extent 

12 business confidential information is provided, a non13 confidential version of the information shall also be 

14 provided, in which the business confidential informa15 tion is summarized or, if necessary, deleted. 

16 (2) TREATMENT AS TRADE SECRETS.—Propri17 etary information submitted by a private party in 

18 accordance with this Act shall be considered to be a 

19 matter falling within the meaning of trade secrets 

20 and commercial or financial information exemption 

21 under section 552(b)(4) of title 5, United States Code, 

22 and shall be exempt from disclosure without the ex23 press approval of the private party. 
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1 SEC. 710. IMPROVING AWARENESS OF UNITED STATES GOV2 ERNMENT TOOLS AND SERVICES TO SUPPORT 

3 UNITED STATES BUSINESSES OVERSEAS. 

4 The Secretary of State and the Secretary of Commerce 

5 shall take actions to improve the awareness of United States 

6 businesses with respect to United States Government tools 

7 and services to assist such businesses overseas, especially 

8 small and medium-sized enterprises, including by coordi9 nating with State trade agencies, Export Assistance Cen10 ters, and Small Businesses Development Centers. 

11 SEC. 711. REPORT BY COMPTROLLER GENERAL OF THE 

12 UNITED STATES. 

13 (a) IN GENERAL.—Not later than 2 years after the 

14 date of the enactment of this Act, the Comptroller General 

15 of the United States shall submit to the Committee on For16 eign Affairs of the House of Representatives and the Com17 mittee on Foreign Relations of the Senate a report on 

18 United States economic and commercial diplomacy. 

19 (b) MATTERS TO BE INCLUDED.—The report required 

20 under subsection (a) shall include an assessment of the fol21 lowing: 

22 (1) What is known about the effectiveness of 

23 United States economic and commercial diplomacy in 

24 influencing foreign governments and supporting 

25 United States businesses abroad. 
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1 (2) Coordination between the Department of 

2 State and the Department of Commerce with respect 

3 to United States economic and commercial diplo4 macy. 

5 (3) The effectiveness of training provided pursu6 ant to subsection (d) of section 708 of the Foreign 

7 Service Act of 1980 (as added by section 705 of this 

8 title) on matters relating to economic and commercial 

9 diplomacy. 

10 (4) The status and effectiveness of actions taken 

11 by the Secretary of State under section 710 of this 

12 title regarding commercial relations with foreign 

13 countries and regions and safeguarding United States 

14 economic and business interests abroad. 

15 (5) The status of the U.S. Commercial Service of 

16 the Department of Commerce and its effectiveness in 

17 advancing the economic and business interests of the 

18 United States abroad. 

19 (6) The status of the Foreign Service economics 

20 officers and their effectiveness in advancing the eco21 nomic and business interests of the United States 

22 abroad. 

23 (7) Recommendations to improve United States 

24 economic and commercial diplomacy. 
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1 TITLE VIII—UNITED STATES 

2 COMMISSION ON INTER3 NATIONAL RELIGIOUS FREE4 DOM REAUTHORIZATION 

5 SEC. 801. SHORT TITLE. 

6 This title may be cited as the ‘‘United States Commis7 sion on International Religious Freedom Reauthorization 

8 Act of 2019’’. 

9 SEC. 802. REAUTHORIZATION. 

10 Section 209 of the International Religious Freedom 

11 Act of 1998 (22 U.S.C. 6436) is amended by striking 

12 ‘‘2019’’ and inserting ‘‘2022’’. 

13 SEC. 803. COMPOSITION OF COMMISSION. 

14 Section 201 of the International Religious Freedom 

15 Act of 1998 (22 U.S.C. 6431) is amended— 

16 (1) in subsection (b)(2)— 

17 (A) by striking ‘‘(A) IN GENERAL.—’’; and 

18 (B) by striking subparagraph (B); 

19 (2) by amending subsection (d) to read as fol20 lows: 

21 ‘‘(d) ELECTION OF CHAIR AND VICE CHAIR.—At the 

22 first meeting of the Commission after May 30 of each year, 

23 a majority of the members of the Commission who are 

24 present and voting shall elect a Chair and a Vice Chair. 

25 The Vice Chair shall have been appointed by an officeholder 
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1 from a different political party than the officeholder who 

2 appointed the member of the Commission who was elected 

3 Chair. The positions of Chair and Vice Chair shall be ro4 tated annually between members who were appointed to the 

5 Commission by officeholders of different political parties.’’; 

6 (3) in subsection (f), by striking ‘‘Country Re7 port on Human Rights Practices’’ and inserting 

8 ‘‘International Religious Freedom Report’’; and 

9 (4) by adding at the end the following: 

10 ‘‘(j) REMOVAL.—If a payment is made under section 

11 415(a) of the Congressional Accountability Act of 1995 (2 

12 U.S.C. 1415(a)) for an award or settlement in connection 

13 with a claim alleging a violation of unlawful harassment, 

14 intimidation, reprisal, or discrimination under the Con15 gressional Accountability Act of 1995 (2 U.S.C. 1301 et 

16 seq.) that was committed personally by an individual who, 

17 at the time of committing the violation, was a Member of 

18 the Commission, the Member shall be removed from the 

19 Commission.’’. 

20 SEC. 804. DUTIES AND POWERS OF THE COMMISSION. 

21 (a) DUTIES.—Section 202(e) of the International Reli22 gious Freedom Act of 1998 (22 U.S.C. 6432) is amended— 

23 (1) by striking ‘‘The Commission’’ and inserting 

24 the following: 

25 ‘‘(1) IN GENERAL.—The Commission’’; and 
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•HR 1865 EAH 

1 (2) by adding at the end the following: 

2 ‘‘(2) TRACKING; REVIEW.—The Commission shall 

3 regularly— 

4 ‘‘(A) track the implementation by the 

5 United States Government of the recommenda6 tions it makes under paragraph (1); and 

7 ‘‘(B) review, to the extent practicable, the ef8 fectiveness of such implemented recommendations 

9 in advancing religious freedom internationally.’’. 

10 (b) POWERS.—Section 203(e) of the International Re11 ligious Freedom Act of 1998 (22 U.S.C. 6432a(e)) is amend12 ed by adding at the end the following: ‘‘If a Member of the 

13 Commission is invited to speak at an event in his or her 

14 capacity as a Commissioner, the Member shall provide no15 tice of the request to all Commissioners and the Executive 

16 Director as soon as the Commissioner becomes aware of such 

17 invitation. Speeches and responses to questions at official 

18 events shall reflect the views of the Commission. Official 

19 speeches and other prepared materials shall be made avail20 able to all Commissioners in advance of the event. If a Com21 missioner is speaking in his or her private capacity, he or 

22 she shall include qualifying language that the views they 

23 are representing are his or her own views and not the views 

24 of the Commission.’’. 
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1 SEC. 805. COMMISSION PERSONNEL MATTERS. 

2 (a) IN GENERAL.—Section 204 of the International 

3 Religious Freedom Act of 1998 (22 U.S.C. 6432b) is amend4 ed— 

5 (1) in subsection (b)— 

6 (A) by striking ‘‘fix the compensation of the 

7 Executive Director and other personnel’’ and in8 serting ‘‘provide reasonable compensation to the 

9 Executive Director’’; 

10 (B) by striking ‘‘and other personnel may 

11 not exceed the rate payable for level V of the Ex12 ecutive Schedule under section 5316’’ and insert13 ing ‘‘may not exceed the rate payable under level 

14 II of the Executive Schedule under section 5313’’; 

15 and 

16 (C) by adding at the end the following: 

17 ‘‘The rate of pay for other personnel of the Com18 mission may not exceed the rate payable for level 

19 IV of the Executive Schedule under section 5315 

20 of such title. All employees of the Commission 

21 shall otherwise be treated as employees whose 

22 pay is disbursed by the Secretary of the Senate, 

23 including for purposes of applying the Standing 

24 Rules of the Senate. The Commission shall be 

25 treated as an employing office of the Senate.’’; 
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1 (2) in subsection (f), by striking ‘‘the commis2 sion, for the executive director’’ and inserting ‘‘the 

3 Commission, for the Executive Director’’; and 

4 (3) by striking subsection (g). 

5 (b) COVERAGE OF COMMISSION EMPLOYEES.—Section 

6 101(b) of the Congressional Accountability Act (2 U.S.C. 

7 1301(b)) is amended— 

8 (1) in paragraph (1), by inserting ‘‘the United 

9 States Commission on International Religious Free10 dom,’’ after ‘‘With respect to’’; 

11 (2) in paragraph (2)— 

12 (A) by redesignating subparagraphs (A) 

13 and (B) as clauses (i) and (ii), respectively; 

14 (B) by inserting ‘‘(A)’’ before ‘‘Subject to 

15 paragraph (3),’’; and 

16 (C) by adding at the end the following: 

17 ‘‘(B) Legal assistance and representation 

18 under this chapter, including assistance and rep19 resentation with respect to the proposal or ac20 ceptance of the disposition of a claim under this 

21 chapter, shall be provided to the United States 

22 Commission on International Religious Freedom 

23 by the Office of Senate Chief Counsel for Em24 ployment of the Senate, in the case of assistance 

25 and representation in connection with a claim 
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•HR 1865 EAH 

1 filed under subchapter IV (including all subse2 quent proceedings under such subchapter in con3 nection with such claim).’’; and 

4 (3) in paragraph (3)— 

5 (A) in subparagraph (B), by striking ‘‘and’’ 

6 at the end; 

7 (B) in subparagraph (C), by striking the 

8 period at the end and inserting ‘‘; and’’; and 

9 (C) by adding at the end the following: 

10 ‘‘(D) the term ‘United States Commission 

11 on International Religious Freedom’ means the 

12 Commission established under section 201 of the 

13 International Religious Freedom Act of 1998 (22 

14 U.S.C. 6431 et seq.).’’. 

15 SEC. 806. COMMISSION TRAVEL AND ANNUAL DISCLO16 SURES. 

17 (a) DUTIES.—Section 201(i) of the International Reli18 gious Freedom Act of 1998 (22 U.S.C. 6431(i)) is amended 

19 by striking ‘‘are subject to’’ and inserting ‘‘shall comply 

20 with’’. 

21 (b) POWERS.—Section 203(f) of the International Reli22 gious Freedom Act of 1998 (22 U.S.C. 6432a(f)) is amend23 ed— 

24 (1) by striking ‘‘The Members of the Commis25 sion’’ and inserting the following: 
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•HR 1865 EAH 

1 ‘‘(1) IN GENERAL.—The Members of the Commis2 sion’’; and 

3 (2) by adding at the end the following: 

4 ‘‘(2) PROHIBITION AGAINST PAYMENT OF OFFI5 CIAL TRAVEL BY NON-FEDERAL SOURCES.—Members 

6 of the Commission and Commission staff may not ac7 cept payment from a non-Federal source for expenses 

8 related to official travel on behalf of the Commis9 sion.’’. 

10 (c) ANNUAL DISCLOSURES.—Section 203 of the Inter11 national Religious Freedom Act of 1998, as amended by 

12 subsection (b), is further amended by adding at the end the 

13 following: 

14 ‘‘(g) ANNUAL DISCLOSURES.—Not later than March 1 

15 of each year, each Member of the Commission shall submit 

16 a report to the appropriate congressional committees (as de17 fined in section 4(a) of the United States Commission on 

18 International Religious Freedom Reauthorization Act of 

19 2015 (22 U.S.C. 6433a(a)) with respect to the most recently 

20 concluded 12-month period, that discloses any travel by the 

21 Member outside of the United States that was paid for or 

22 reimbursed by a person or entity other than the Member, 

23 a relative of the Member, or the Federal Government, in24 cluding— 

25 ‘‘(1) who paid for or reimbursed the travel; 
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•HR 1865 EAH 

1 ‘‘(2) a good faith estimate of the cost of the trav2 el, if the travel was funded by a person or entity that 

3 does not employ the Member; and 

4 ‘‘(3) brief details of the travel and events related 

5 to such travel.’’. 

6 SEC. 807. STRATEGIC PLAN. 

7 Section 4(d) of the United States Commission on 

8 International Religious Freedom Reauthorization Act of 

9 2015 (22 U.S.C. 6433a(d)) is amended by striking ‘‘Not 

10 later than 180 days after the date of the enactment of the 

11 Act, and not less frequently than biennially thereafter’’ and 

12 inserting ‘‘Not later than 180 days after the date of the en13 actment of this Act, and every 2 years thereafter’’. 

14 SEC. 808. AUTHORIZATION OF APPROPRIATIONS. 

15 Section 207(a) of the International Religious Freedom 

16 Act of 1998 (22 U.S.C. 6435(a)) is amended by striking 

17 ‘‘2016 to 2019’’ and inserting ‘‘2019 through 2022’’. 

18 SEC. 809. RECORD RETENTION. 

19 Section 208 of the International Religious Freedom 

20 Act of 1998 (22 U.S.C. 6435a) is amended by adding at 

21 the end the following: 

22 ‘‘(f) COMMISSION RECORDS.—The Commission shall 

23 comply with all of the records management requirements 

24 set forth in chapter 31 of title 44, United States Code (com25 monly referred to as the ‘Federal Records Act of 1950’). 
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1 ‘‘(g) OFFICIAL EMAIL FOR COMMISSION BUSINESS.— 

2 When conducting any Commission business on electronic 

3 accounts, Commission Members and staff shall use official 

4 Commission electronic accounts.’’. 

5 TITLE IX—OTHER MATTERS 

6 SEC. 901. SPECIAL RULES FOR CERTAIN MONTHLY WORK7 ERS’ COMPENSATION PAYMENTS AND OTHER 

8 PAYMENTS FOR DEPARTMENT OF STATE PER9 SONNEL UNDER CHIEF OF MISSION AUTHOR10 ITY. 

11 (a) ADJUSTMENT OF COMPENSATION FOR CERTAIN IN12 JURIES.— 

13 (1) INCREASE.—The Secretary of State may pay 

14 an additional monthly monetary benefit, provided 

15 that the covered employee is receiving benefits under 

16 section 8105 or 8106 of title 5, United States Code, 

17 and may determine the amount of each monthly mon18 etary benefit amount by taking into account— 

19 (A) the severity of the qualifying injury; 

20 (B) the circumstances by which the covered 

21 employee became injured; and 

22 (C) the seniority of the covered employee, 

23 particularly for purposes of compensating for 

24 lost career growth. 
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1 (2) MAXIMUM.—Notwithstanding chapter 81 of 

2 title 5, United States Code, the total amount of 

3 monthly compensation increased under paragraph (1) 

4 may not exceed the monthly pay of the maximum rate 

5 of basic pay for GS–15 of the General Schedule under 

6 section 5332 of such title. 

7 (b) COSTS FOR TREATING QUALIFYING INJURIES.— 

8 The Secretary of State may pay the costs of or reimburse 

9 for diagnosing and treating— 

10 (1) a qualifying injury of a covered employee for 

11 such costs, that are not otherwise covered by chapter 

12 81 of title 5, United States Code, or other provision 

13 of Federal law; or 

14 (2) a covered individual, or a covered dependent, 

15 for such costs that are not otherwise covered by Fed16 eral law. 

17 (c) INFORMATION EXCHANGE.—To avoid duplicate or 

18 otherwise improper payments under this subsection, the 

19 Secretary of Labor and the Secretary of State shall ex20 change information about the amounts paid for treatment 

21 of qualifying injuries. 

22 (d) REGULATIONS.—Not later than 120 days after the 

23 date of the enactment of this Act, the Secretary of State 

24 shall— 
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•HR 1865 EAH 

1 (1) prescribe regulations ensuring the fair and 

2 equitable implementation of this section; and 

3 (2) submit to the Committee on Foreign Rela4 tions of the Senate and the Committee on Foreign Af5 fairs of the House of Representatives such regulations. 

6 (e) DEFINITIONS.—In this section: 

7 (1) COVERED DEPENDENT.—The term ‘‘covered 

8 dependent’’ means a family member (as defined by 

9 the Secretary of State) of a employee who, on or after 

10 January 1, 2016— 

11 (A) accompanies the employee to an as12 signed duty station in a foreign country under 

13 chief of mission authority; and 

14 (B) becomes injured by reason of a quali15 fying injury. 

16 (2) COVERED EMPLOYEE.—The term ‘‘covered 

17 employee’’ means an employee of the Department of 

18 State who, on or after January 1, 2016, becomes in19 jured by reason of a qualifying injury and was as20 signed to a duty station in the Republic of Cuba, the 

21 People’s Republic of China, or another foreign coun22 try designated by the Secretary of State pursuant to 

23 subsection (f). 

24 (3) COVERED INDIVIDUAL.—The term ‘‘covered 

25 individual’’ means an individual who, on or after 
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•HR 1865 EAH 

1 January 1, 2016, becomes injured by reason of a 

2 qualifying injury and is— 

3 (A) detailed to a duty station in the Repub4 lic of Cuba, the People’s Republic of China, or 

5 another foreign country designated by the Sec6 retary of State pursuant to subsection (f); or 

7 (B) affiliated with the Department of State, 

8 as determined by the Secretary of State. 

9 (4) QUALIFYING INJURY.—The term ‘‘qualifying 

10 injury’’ means the following: 

11 (A) With respect to a covered dependent, an 

12 injury incurred— 

13 (i) during a period in which the cov14 ered dependent is accompanying an em15 ployee to an assigned duty station in the 

16 Republic of Cuba, the People’s Republic of 

17 China, or another foreign country des18 ignated by the Secretary of State pursuant 

19 to subsection (f); 

20 (ii) in connection with war, insur21 gency, hostile act, terrorist activity, or other 

22 incident designated by the Secretary of 

23 State; and 

24 (iii) that was not the result of the will25 ful misconduct of the covered dependent. 
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•HR 1865 EAH 

1 (B) With respect to a covered employee or 

2 a covered individual, an injury incurred— 

3 (i) during a period of assignment to a 

4 duty station in the Republic of Cuba, the 

5 People’s Republic of China, or another 

6 country designated by the Secretary of State 

7 pursuant to subsection (f); 

8 (ii) in connection with war, insur9 gency, hostile act, terrorist activity, or other 

10 incident designated by the Secretary of 

11 State; and 

12 (iii) that was not the result of the will13 ful misconduct of the covered employee or 

14 the covered individual. 

15 (f) DESIGNATION BY THE SECRETARY OF STATE OF

16 ANOTHER FOREIGN COUNTRY OR DUTY STATION.—The 

17 Secretary of State may designate another foreign country 

18 for the purposes of this section, provided that the Secretary 

19 reports such designation to the Committee on Foreign Rela20 tions of the Senate and the Committee on Foreign Affairs 

21 of the House of Representatives, and includes in such report 

22 a rationale for each such designation. The Secretary of 

23 State may not designate an added foreign country or duty 

24 station for purposes of providing additional monetary ben25 efit pursuant to subsection (a) or (b) for a qualifying injury 
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1 to covered employees, covered dependents, or covered indi2 viduals under this section unless the Secretary of State— 

3 (1) provides to the Committees on Foreign Rela4 tions of the Senate and the Committee on Foreign Af5 fairs of the House of Representatives 30 days’ notice 

6 of the designation of a particular additional country 

7 or duty station and the rationale for such addition; 

8 and 

9 (2) provides no such additional monetary benefit 

10 pursuant to subsection (a) or (b) to covered employ11 ees, covered dependents, or covered individuals for a 

12 qualifying injury until the 30-day notice period ex13 pires, unless there is written agreement by both the 

14 Chair and Ranking Members of both the Committee 

15 on Foreign Relations of the Senate and the Committee 

16 on Foreign Affairs of the House of Representatives 

17 that there is no objection to proceeding with provision 

18 of such monetary benefit compensation in less than 30 

19 days. 

20 (g) TREATMENT OF AMOUNTS.—For purposes of sec21 tion 104 of the Internal Revenue Code of 1986, amounts 

22 paid pursuant to this section shall be treated as amounts 

23 described in subsection (a)(5) of such section. 

24 (h) APPLICATION.— 
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•HR 1865 EAH 

1 (1) IN GENERAL.—This section shall apply with 

2 respect to— 

3 (A) payments made to covered employees 

4 (as defined in such section) under section 8105 

5 or 8106 of title 5, United States Code, beginning 

6 on or after January 1, 2016; and 

7 (B) diagnosis or treatment described in sub8 section (b) occurring on or after January 1, 

9 2016. 

10 (2) RULE OF CONSTRUCTION.—Nothing in this 

11 section shall modify or otherwise supersede chapter 81 

12 of title 5, or chapter 11 of title 42 United States Code. 

13 Monetary benefits and treatment expenses paid under 

14 this section shall not be considered payments under 

15 any workers’ compensation law. 

16 SEC. 902. DECLASSIFICATION OF INFORMATION RELATED 

17 TO CERTAIN ACTIONS BY SAUDI ARABIAN OF18 FICIALS. 

19 Not later than 30 days after the date of the enactment 

20 of this Act, the Director of the Federal Bureau of Investiga21 tion, in coordination with the Director of National Intel22 ligence, shall declassify, with any redactions necessary to 

23 protect intelligence sources and methods, any and all infor24 mation related to whether the Government of Saudi Arabia 

25 materially assisted or facilitated any citizen or national of 
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•HR 1865 EAH 

1 Saudi Arabia in departing from the United States while 

2 the citizen or national was awaiting trial or sentencing for 

3 a criminal offense committed in the United States. 

4 SEC. 903. PROMOTING SECURITY AND JUSTICE FOR VIC5 TIMS OF TERRORISM. 

6 (a) SHORT TITLE.—This section may be cited as the 

7 Promoting Security and Justice for Victims of Terrorism 

8 Act of 2019. 

9 (b) FACILITATION OF THE SETTLEMENT OF TER10 RORISM-RELATED CLAIMS OF NATIONALS OF THE UNITED

11 STATES.— 

12 (1) COMPREHENSIVE PROCESS TO FACILITATE

13 THE RESOLUTION OF ANTI-TERRORISM ACT CLAIMS.— 

14 The Secretary of State, in consultation with the At15 torney General, shall, not later than 30 days after the 

16 date of enactment of this Act, develop and initiate a 

17 comprehensive process for the Department of State to 

18 facilitate the resolution and settlement of covered 

19 claims. 

20 (2) ELEMENTS OF COMPREHENSIVE PROCESS.— 

21 The comprehensive process developed under paragraph 

22 (1) shall include, at a minimum, the following: 

23 (A) Not later than 45 days after the date of 

24 enactment of this Act, the Department of State 

25 shall publish a notice in the Federal Register 
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1 identifying the method by which a national of 

2 the United States, or a representative of a na3 tional of the United States, who has a covered 

4 claim, may contact the Department of State to 

5 give notice of the covered claim. 

6 (B) Not later than 120 days after the date 

7 of enactment of this Act, the Secretary of State, 

8 or a designee of the Secretary, shall meet (and 

9 make every effort to continue to meet on a reg10 ular basis thereafter) with any national of the 

11 United States, or a representative of a national 

12 of the United States, who has a covered claim 

13 and has informed the Department of State of the 

14 covered claim using the method established pur15 suant to subparagraph (A) to discuss the status 

16 of the covered claim, including the status of any 

17 settlement discussions with the Palestinian Au18 thority or the Palestine Liberation Organization. 

19 (C) Not later than 180 days after the date 

20 of enactment of this Act, the Secretary of State, 

21 or a designee of the Secretary, shall make every 

22 effort to meet (and make every effort to continue 

23 to meet on a regular basis thereafter) with rep24 resentatives of the Palestinian Authority and the 

25 Palestine Liberation Organization to discuss the 
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•HR 1865 EAH 

1 covered claims identified pursuant to subpara2 graph (A) and potential settlement of the covered 

3 claims. 

4 (3) REPORT TO CONGRESS.—The Secretary of 

5 State shall, not later than 240 days after the date of 

6 enactment of this Act, and annually thereafter for 5 

7 years, submit to the Committee on the Judiciary and 

8 the Committee on Foreign Relations of the Senate and 

9 the Committee on the Judiciary and the Committee 

10 on Foreign Affairs of the House of Representatives a 

11 report describing activities that the Department of 

12 State has undertaken to comply with this subsection, 

13 including specific updates regarding subparagraphs 

14 (B) and (C) of paragraph (2). 

15 (4) SENSE OF CONGRESS.—It is the sense of 

16 Congress that— 

17 (A) covered claims should be resolved in a 

18 manner that provides just compensation to the 

19 victims; 

20 (B) covered claims should be resolved and 

21 settled in favor of the victim to the fullest extent 

22 possible and without subjecting victims to unnec23 essary or protracted litigation; 

24 (C) the United States Government should 

25 take all practicable steps to facilitate the resolu-
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•HR 1865 EAH 

1 tion and settlement of all covered claims, includ2 ing engaging directly with the victims or their 

3 representatives and the Palestinian Authority 

4 and the Palestine Liberation Organization; and 

5 (D) the United States Government should 

6 strongly urge the Palestinian Authority and the 

7 Palestine Liberation Organization to commit to 

8 good-faith negotiations to resolve and settle all 

9 covered claims. 

10 (5) DEFINITION.—In this subsection, the term 

11 ‘‘covered claim’’ means any pending action by, or 

12 final judgment in favor of, a national of the United 

13 States, or any action by a national of the United 

14 States dismissed for lack of personal jurisdiction, 

15 under section 2333 of title 18, United States Code, 

16 against the Palestinian Authority or the Palestine 

17 Liberation Organization. 

18 (c) JURISDICTIONAL AMENDMENTS TO FACILITATE

19 RESOLUTION OF TERRORISM-RELATED CLAIMS OF NATION20 ALS OF THE UNITED STATES.— 

21 (1) IN GENERAL.—Section 2334(e) of title 18, 

22 United States Code, is amended— 

23 (A) by striking paragraph (1) and inserting 

24 the following: 
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•HR 1865 EAH 

1 ‘‘(1) IN GENERAL.—Except as provided in para2 graph (2), for purposes of any civil action under sec3 tion 2333 of this title, a defendant shall be deemed to 

4 have consented to personal jurisdiction in such civil 

5 action if, regardless of the date of the occurrence of the 

6 act of international terrorism upon which such civil 

7 action was filed, the defendant— 

8 ‘‘(A) after the date that is 120 days after 

9 the date of the enactment of the Promoting Secu10 rity and Justice for Victims of Terrorism Act of 

11 2019, makes any payment, directly or indi12 rectly— 

13 ‘‘(i) to any payee designated by any 

14 individual who, after being fairly tried or 

15 pleading guilty, has been imprisoned for 

16 committing any act of terrorism that in17 jured or killed a national of the United 

18 States, if such payment is made by reason 

19 of such imprisonment; or 

20 ‘‘(ii) to any family member of any in21 dividual, following such individual’s death 

22 while committing an act of terrorism that 

23 injured or killed a national of the United 

24 States, if such payment is made by reason 

25 of the death of such individual; or 
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•HR 1865 EAH 

1 ‘‘(B) after 15 days after the date of enact2 ment of the Promoting Security and Justice for 

3 Victims of Terrorism Act of 2019— 

4 ‘‘(i) continues to maintain any office, 

5 headquarters, premises, or other facilities or 

6 establishments in the United States; 

7 ‘‘(ii) establishes or procures any office, 

8 headquarters, premises, or other facilities or 

9 establishments in the United States; or 

10 ‘‘(iii) conducts any activity while 

11 physically present in the United States on 

12 behalf of the Palestine Liberation Organiza13 tion or the Palestinian Authority.’’; 

14 (B) in paragraph (2), by adding at the end 

15 the following: ‘‘Except with respect to payments 

16 described in paragraph (1)(A), no court may 

17 consider the receipt of any assistance by a non18 governmental organization, whether direct or in19 direct, as a basis for consent to jurisdiction by 

20 a defendant.’’; and 

21 (C) by adding at the end the following: 

22 ‘‘(3) EXCEPTION FOR CERTAIN ACTIVITIES AND

23 LOCATIONS.—In determining whether a defendant 

24 shall be deemed to have consented to personal jurisdic-
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•HR 1865 EAH 

1 tion under paragraph (1)(B), no court may con2 sider— 

3 ‘‘(A) any office, headquarters, premises, or 

4 other facility or establishment used exclusively 

5 for the purpose of conducting official business of 

6 the United Nations; 

7 ‘‘(B) any activity undertaken exclusively for 

8 the purpose of conducting official business of the 

9 United Nations; 

10 ‘‘(C) any activity involving officials of the 

11 United States that the Secretary of State deter12 mines is in the national interest of the United 

13 States if the Secretary reports to the appropriate 

14 congressional committees annually on the use of 

15 the authority under this subparagraph; 

16 ‘‘(D) any activity undertaken exclusively 

17 for the purpose of meetings with officials of the 

18 United States or other foreign governments, or 

19 participation in training and related activities 

20 funded or arranged by the United States Govern21 ment; 

22 ‘‘(E) any activity related to legal represen23 tation— 

24 ‘‘(i) for matters related to activities de25 scribed in this paragraph; 
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•HR 1865 EAH 

1 ‘‘(ii) for the purpose of adjudicating or 

2 resolving claims filed in courts of the 

3 United States; or 

4 ‘‘(iii) to comply with this subsection; 

5 or 

6 ‘‘(F) any personal or official activities con7 ducted ancillary to activities listed under this 

8 paragraph. 

9 ‘‘(4) RULE OF CONSTRUCTION.—Notwithstanding 

10 any other law (including any treaty), any office, 

11 headquarters, premises, or other facility or establish12 ment within the territory of the United States that is 

13 not specifically exempted by paragraph (3)(A) shall 

14 be considered to be in the United States for purposes 

15 of paragraph (1)(B). 

16 ‘‘(5) DEFINED TERM.—In this subsection, the 

17 term ‘defendant’ means— 

18 ‘‘(A) the Palestinian Authority; 

19 ‘‘(B) the Palestine Liberation Organization; 

20 ‘‘(C) any organization or other entity that 

21 is a successor to or affiliated with the Pales22 tinian Authority or the Palestine Liberation Or23 ganization; or 

24 ‘‘(D) any organization or other entity 

25 that— 
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1 ‘‘(i) is identified in subparagraph (A), 

2 (B), or (C); and 

3 ‘‘(ii) self identifies as, holds itself out 

4 to be, or carries out conduct in the name of, 

5 the ‘State of Palestine’ or ‘Palestine’ in con6 nection with official business of the United 

7 Nations.’’. 

8 (2) PRIOR CONSENT NOT ABROGATED.—The 

9 amendments made by this subsection shall not abro10 gate any consent deemed to have been given under sec11 tion 2334(e) of title 18, United States Code, as in ef12 fect on the day before the date of enactment of this 

13 Act. 

14 (d) RULES OF CONSTRUCTION; APPLICABILITY; SEV15 ERABILITY.— 

16 (1) RULES OF CONSTRUCTION.— 

17 (A) IN GENERAL.—This section, and the 

18 amendments made by this section, should be lib19 erally construed to carry out the purposes of 

20 Congress to provide relief for victims of ter21 rorism. 

22 (B) CASES AGAINST OTHER PERSONS.— 

23 Nothing in this section may be construed to af24 fect any law or authority, as in effect on the day 

25 before the date of enactment of this Act, relating 
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1 to a case brought under section 2333(a) of title 

2 18, United States Code, against a person who is 

3 not a defendant, as defined in paragraph (5) of 

4 section 2334(e) of title 18, United States Code, 

5 as added by subsection (c)(1) of this section. 

6 (2) APPLICABILITY.—This section, and the 

7 amendments made by this section, shall apply to any 

8 case pending on or after August 30, 2016. 

9 (3) SEVERABILITY.—If any provision of this sec10 tion, an amendment made by this section, or the ap11 plication of such provision or amendment to any per12 son or circumstance is held to be unconstitutional, the 

13 remainder of this section, the amendments made by 

14 this section, and the application of such provisions to 

15 any person or circumstance shall not be affected there16 by. 

17 SEC. 904. DEBT RELIEF FOR SOMALIA. 

18 (a) DEBT RELIEF.—(1) Of the funds appropriated 

19 under titles III and IV of division G of this Act and under 

20 such titles in prior Acts making appropriations for the De21 partment of State, foreign operations, and related pro22 grams, not to exceed $35,000,000 may be transferred to the 

23 ‘‘Department of the Treasury, Debt Restructuring’’ account 

24 for the same purposes and under the same authorities and 

25 conditions (other than the period of availability) as other 
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1 funds provided under that heading for the cost, as defined 

2 in section 502 of the Congressional Budget Act of 1974, of 

3 modifying loans and loan guarantees, as the President may 

4 determine, or for the cost of selling, reducing, or cancelling 

5 amounts owed to the United States as a result of loans made 

6 to Somalia, in the event that Somalia meets the domestic 

7 and internationally-agreed conditions and the transfer is 

8 consistent with United States law and foreign policy con9 siderations. 

10 (2) For the purposes of this section, no amounts may 

11 be transferred from amounts designated for Overseas Con12 tingency Operations/Global War on Terrorism or as emer13 gency requirements pursuant to a concurrent resolution on 

14 the budget or section 251(b)(2)(A) of the Balanced Budget 

15 and Emergency Deficit Control Act of 1985. 

16 (3) Prior to the initial obligation of funds made avail17 able pursuant to this section, the Secretary of State shall 

18 submit to the appropriate congressional committees a report 

19 on the outcome of the Paris Club meeting on debt cancella20 tion for Somalia, the estimate of amounts needed and over 

21 what time period, and the proposed sources of funds to be 

22 transferred pursuant to this section: Provided, That such 

23 funds shall also be subject to prior consultation with the 

24 appropriate congressional committees and the regular noti25 fication procedures of such committees. 
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1 (b) DEBT RESTRUCTURING.—Section 501(i) of title V 

2 of H.R. 3425, as enacted into law by section 1000(a)(5) 

3 of Public Law 106–113 (113 Stat. 1501A–313), as most re4 cently amended by section 699H(b)(1) of division J of the 

5 Consolidated Appropriations Act, 2008 (Public Law 110– 

6 161; 121 Stat. 2372), is further amended by striking 

7 ‘‘2000–2010’’ and inserting ‘‘2000–2021’’. 

8 (c) APPROPRIATE CONGRESSIONAL COMMITTEES DE9 FINED.—In this section, the term ‘‘appropriate congres10 sional committees’’ means— 

11 (1) the Committee on Foreign Relations and the 

12 Committee on Appropriations of the Senate; and 

13 (2) the Committee on Foreign Affairs and the 

14 Committee on Appropriations of the House of Rep15 resentatives. 

16 DIVISION K—NATIONAL LAW EN17 FORCEMENT MUSEUM COM18 MEMORATIVE COIN 

19 SEC. 101. SHORT TITLE. 

20 This division may be cited as the ‘‘National Law En21 forcement Museum Commemorative Coin Act’’. 

22 SEC. 102. FINDINGS. 

23 The Congress finds the following: 

24 (1) In 2000, Congress passed and President Wil25 liam J. Clinton signed into law the National Law 
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1 Enforcement Museum Act (Public Law 106–492), 

2 which authorized the National Law Enforcement Offi3 cers Memorial Fund, Inc., to build the National Law 

4 Enforcement Museum on Federal land in the District 

5 of Columbia to honor and commemorate the service 

6 and sacrifice of law enforcement officers in the United 

7 States. 

8 (2) In April 2016, construction began on the Na9 tional Law Enforcement Museum in the District of 

10 Columbia across the street from the National Law 

11 Enforcement Officers Memorial in Judiciary Square. 

12 (3) The National Law Enforcement Museum for13 mally opened in October of 2018. 

14 (4) The National Law Enforcement Museum’s 

15 mission is— 

16 (A) to honor and commemorate the extraor17 dinary service and sacrifice of America’s law en18 forcement officers; 

19 (B) to serve as an important bridge between 

20 law enforcement’s past and present, between the 

21 heroes of yesteryear and those who have followed 

22 in their footsteps, and between America’s peace 

23 officers and the public they serve; 
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•HR 1865 EAH 

1 (C) increase public understanding and sup2 port for law enforcement and to promote law en3 forcement safety; and 

4 (D) strengthen the relationship between law 

5 enforcement and the communities they serve with 

6 thought-provoking programs at the Museum and 

7 around the country that promote dialogue on 

8 topics of current interest. 

9 SEC. 103. COIN SPECIFICATIONS. 

10 (a) DENOMINATIONS.—The Secretary of the Treasury 

11 (hereafter in this Act referred to as the ‘‘Secretary’’) shall 

12 mint and issue the following coin: 

13 (1) $5 GOLD COINS.—Not more than 50,000 $5 

14 coins, which shall— 

15 (A) weigh 8.359 grams; 

16 (B) have a diameter of 0.850 inches; and 

17 (C) contain not less than 90 percent gold. 

18 (2) $1 SILVER COINS.—Not more than 400,000 

19 $1 coins, which shall— 

20 (A) weigh 26.73 grams; 

21 (B) have a diameter of 1.500 inches; and 

22 (C) contain not less than 90 percent silver. 

23 (3) HALF-DOLLAR CLAD COINS.—Not more than 

24 750,000 half-dollar coins which shall— 

25 (A) weigh 11.34 grams; 
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•HR 1865 EAH 

1 (B) have a diameter of 1.205 inches; and 

2 (C) be minted to the specifications for half3 dollar coins contained in section 5112(b) of title 

4 31, United States Code. 

5 (b) LEGAL TENDER.—The coins minted under this Act 

6 shall be legal tender, as provided in section 5103 of title 

7 31, United States Code. 

8 (c) NUMISMATIC ITEMS.—For purposes of section 5134 

9 of title 31, United States Code, all coins minted under this 

10 Act shall be considered to be numismatic items. 

11 SEC. 104. DESIGN OF COINS. 

12 (a) DESIGN REQUIREMENTS.— 

13 (1) IN GENERAL.—The design of the coins mint14 ed under this Act shall be emblematic of the National 

15 Law Enforcement Museum and the service and sac16 rifice of law enforcement officers throughout the his17 tory of the United States. 

18 (2) DESIGNATION AND INSCRIPTIONS.—On each 

19 coin minted under this Act there shall be— 

20 (A) a designation of the value of the coin; 

21 (B) an inscription of the year ‘‘2021’’; and 

22 (C) inscriptions of the words ‘‘Liberty’’, ‘‘In 

23 God We Trust’’, ‘‘United States of America’’, 

24 and ‘‘E Pluribus Unum’’. 
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1 (b) SELECTION.—The design for the coins minted 

2 under this Act shall be— 

3 (1) selected by the Secretary after consultation 

4 with the Commission of Fine Arts and the National 

5 Law Enforcement Officers Memorial Fund, Inc.; and 

6 (2) reviewed by the Citizens Coinage Advisory 

7 Committee. 

8 SEC. 105. ISSUANCE OF COINS. 

9 (a) QUALITY OF COINS.—Coins minted under this Act 

10 shall be issued in uncirculated and proof qualities. 

11 (b) MINT FACILITIES.—Only one facility of the United 

12 States Mint may be used to strike any particular quality 

13 of the coins minted under this Act. 

14 (c) PERIOD FOR ISSUANCE.—The Secretary may issue 

15 coins minted under this Act only during the 1-year period 

16 beginning on January 1, 2021. 

17 SEC. 106. SALE OF COINS. 

18 (a) SALE PRICE.—The coins issued under this Act 

19 shall be sold by the Secretary at a price equal to the sum 

20 of— 

21 (1) the face value of the coins; 

22 (2) the surcharge provided in section 107(a) with 

23 respect to such coins; and 
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•HR 1865 EAH 

1 (3) the cost of designing and issuing the coins 

2 (including labor, materials, dies, use of machinery, 

3 overhead expenses, marketing, and shipping). 

4 (b) BULK SALES.—The Secretary shall make bulk sales 

5 of the coins issued under this Act at a reasonable discount. 

6 (c) PREPAID ORDERS.— 

7 (1) IN GENERAL.—The Secretary shall accept 

8 prepaid orders for the coins minted under this Act be9 fore the issuance of such coins. 

10 (2) DISCOUNT.—Sale prices with respect to pre11 paid orders under paragraph (1) shall be at a reason12 able discount. 

13 SEC. 107. SURCHARGES. 

14 (a) IN GENERAL.—All sales of coins issued under this 

15 Act shall include a surcharge of— 

16 (1) $35 per coin for the $5 coin; 

17 (2) $10 per coin for the $1 coin; and 

18 (3) $5 per coin for the half-dollar coin. 

19 (b) DISTRIBUTION.—Subject to section 5134(f)(1) of 

20 title 31, United States Code, all surcharges received by the 

21 Secretary from the sale of coins issued under this Act shall 

22 be promptly paid by the Secretary to the National Law En23 forcement Officers Memorial Fund, Inc., for educational 

24 and outreach programs and exhibits. 
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1 (c) AUDITS.—The National Law Enforcement Officers 

2 Memorial Fund, Inc., shall be subject to the audit require3 ments of section 5134(f)(2) of title 31, United States Code, 

4 with regard to the amounts received under subsection (b). 

5 (d) LIMITATION.—Notwithstanding subsection (a), no 

6 surcharge may be included with respect to the issuance 

7 under this Act of any coin during a calendar year if, as 

8 of the time of such issuance, the issuance of such coin would 

9 result in the number of commemorative coin programs 

10 issued during such year to exceed the annual two commemo11 rative coin program issuance limitation under section 

12 5112(m)(1) of title 31, United States Code (as in effect on 

13 the date of the enactment of this Act). The Secretary of the 

14 Treasury may issue guidance to carry out this subsection. 

15 SEC. 108. FINANCIAL ASSURANCES. 

16 The Secretary shall take such actions as may be nec17 essary to ensure that— 

18 (1) minting and issuing coins under this Act 

19 will not result in any net cost to the United States 

20 Government; and 

21 (2) no funds, including applicable surcharges, 

22 are disbursed to any recipient designated in section 

23 107 until the total cost of designing and issuing all 

24 of the coins authorized by this Act (including labor, 

25 materials, dies, use of machinery, overhead expenses, 
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•HR 1865 EAH 

1 marketing, and shipping) is recovered by the United 

2 States Treasury, consistent with sections 5112(m) and 

3 5134(f) of title 31, United States Code. 

4 DIVISION L—DHS CYBER HUNT 

5 AND INCIDENT RESPONSE 

6 TEAMS 

7 SEC. 101. SHORT TITLE. 

8 This division may be cited as the ‘‘DHS Cyber Hunt 

9 and Incident Response Teams Act of 2019’’. 

10 SEC. 102. DEPARTMENT OF HOMELAND SECURITY CYBER 

11 HUNT AND INCIDENT RESPONSE TEAMS. 

12 (a) IN GENERAL.—Section 2209 of the Homeland Se13 curity Act of 2002 (6 U.S.C. 659) is amended— 

14 (1) in subsection (d)(1)(B)(iv), by inserting ‘‘, 

15 including cybersecurity specialists’’ after ‘‘entities’’; 

16 (2) by redesignating subsections (f) through (m) 

17 as subsections (g) through (n), respectively; 

18 (3) by inserting after subsection (e) the following: 

19 ‘‘(f) CYBER HUNT AND INCIDENT RESPONSE TEAMS.— 

20 ‘‘(1) IN GENERAL.—The Center shall maintain 

21 cyber hunt and incident response teams for the pur22 pose of leading Federal asset response activities and 

23 providing timely technical assistance to Federal and 

24 non-Federal entities, including across all critical in25 frastructure sectors, regarding actual or potential se-
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1 curity incidents, as appropriate and upon request, in2 cluding— 

3 ‘‘(A) assistance to asset owners and opera4 tors in restoring services following a cyber inci5 dent; 

6 ‘‘(B) identification and analysis of cyberse7 curity risk and unauthorized cyber activity; 

8 ‘‘(C) mitigation strategies to prevent, deter, 

9 and protect against cybersecurity risks; 

10 ‘‘(D) recommendations to asset owners and 

11 operators for improving overall network and con12 trol systems security to lower cybersecurity risks, 

13 and other recommendations, as appropriate; and 

14 ‘‘(E) such other capabilities as the Sec15 retary determines appropriate. 

16 ‘‘(2) ASSOCIATED METRICS.—The Center shall— 

17 ‘‘(A) define the goals and desired outcomes 

18 for each cyber hunt and incident response team; 

19 and 

20 ‘‘(B) develop metrics— 

21 ‘‘(i) to measure the effectiveness and ef22 ficiency of each cyber hunt and incident re23 sponse team in achieving the goals and de24 sired outcomes defined under subparagraph 

25 (A); and 
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1 ‘‘(ii) that— 

2 ‘‘(I) are quantifiable and action3 able; and 

4 ‘‘(II) the Center shall use to im5 prove the effectiveness and account6 ability of, and service delivery by, 

7 cyber hunt and incident response 

8 teams. 

9 ‘‘(3) CYBERSECURITY SPECIALISTS.—After notice 

10 to, and with the approval of, the entity requesting ac11 tion by or technical assistance from the Center, the 

12 Secretary may include cybersecurity specialists from 

13 the private sector on a cyber hunt and incident re14 sponse team.’’; and 

15 (4) in subsection (g), as so redesignated— 

16 (A) in paragraph (1), by inserting ‘‘, or 

17 any team or activity of the Center,’’ after ‘‘Cen18 ter’’; and 

19 (B) in paragraph (2), by inserting ‘‘, or 

20 any team or activity of the Center,’’ after ‘‘Cen21 ter’’. 

22 (b) REPORT.— 

23 (1) DEFINITIONS.—In this subsection— 

24 (A) the term ‘‘Center’’ means the national 

25 cybersecurity and communications integration 
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1 center established under section 2209(b) of the 

2 Homeland Security Act of 2002 (6 U.S.C. 

3 659(b)); 

4 (B) the term ‘‘cyber hunt and incident re5 sponse team’’ means a cyber hunt and incident 

6 response team maintained under section 2209(f) 

7 of the Homeland Security Act of 2002 (6 U.S.C. 

8 659(f)), as added by this Act; and 

9 (C) the term ‘‘incident’’ has the meaning 

10 given the term in section 2209(a) of the Home11 land Security Act of 2002 (6 U.S.C. 659(a)). 

12 (2) REPORT.—At the conclusion of each of the 

13 first 4 fiscal years after the date of enactment of the 

14 DHS Cyber Hunt and Incident Response Teams Act 

15 of 2019, the Center shall submit to the Committee on 

16 Homeland Security and Governmental Affairs of the 

17 Senate and the Committee on Homeland Security of 

18 the House of Representatives a report that includes— 

19 (A) information relating to the metrics used 

20 for evaluation and assessment of the cyber hunt 

21 and incident response teams and operations 

22 under section 2209(f)(2) of the Homeland Secu23 rity Act of 2002 (6 U.S.C. 659(f)(2)), as added 

24 by this Act, including the resources and staffing 
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1 of those cyber hunt and incident response teams; 

2 and 

3 (B) for the period covered by the report— 

4 (i) the total number of incident re5 sponse requests received; 

6 (ii) the number of incident response 

7 tickets opened; and 

8 (iii) a statement of— 

9 (I) all interagency staffing of 

10 cyber hunt and incident response 

11 teams; and 

12 (II) the interagency collaborations 

13 established to support cyber hunt and 

14 incident response teams. 

15 (c) NO ADDITIONAL FUNDS AUTHORIZED.—No addi16 tional funds are authorized to be appropriated to carry out 

17 the requirements of this Act and the amendments made by 

18 this Act. Such requirements shall be carried out using 

19 amounts otherwise authorized to be appropriated. 

20 DIVISION M—BIPARTISAN 

21 AMERICAN MINERS 

22 SEC. 101. SHORT TITLE. 

23 This division may be cited as the ‘‘Bipartisan Amer24 ican Miners Act of 2019’’. 
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1 SEC. 102. TRANSFERS TO 1974 UMWA PENSION PLAN. 

2 (a) IN GENERAL.—Subsection (i) of section 402 of the 

3 Surface Mining Control and Reclamation Act of 1977 (30 

4 U.S.C. 1232) is amended— 

5 (1) in paragraph (3)(A), by striking 

6 ‘‘$490,000,000’’ and inserting ‘‘$750,000,000’’; 

7 (2) by redesignating paragraph (4) as para8 graph (5); and 

9 (3) by inserting after paragraph (3) the fol10 lowing: 

11 ‘‘(4) ADDITIONAL AMOUNTS.— 

12 ‘‘(A) CALCULATION.—If the dollar limita13 tion specified in paragraph (3)(A) exceeds the 

14 aggregate amount required to be transferred 

15 under paragraphs (1) and (2) for a fiscal year, 

16 the Secretary of the Treasury shall transfer an 

17 additional amount equal to the difference be18 tween such dollar limitation and such aggregate 

19 amount to the trustees of the 1974 UMWA Pen20 sion Plan to pay benefits required under that 

21 plan. 

22 ‘‘(B) CESSATION OF TRANSFERS.—The 

23 transfers described in subparagraph (A) shall 

24 cease as of the first fiscal year beginning after 

25 the first plan year for which the funded percent26 age (as defined in section 432(j)(2) of the Inter-
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1 nal Revenue Code of 1986) of the 1974 UMWA 

2 Pension Plan is at least 100 percent. 

3 ‘‘(C) PROHIBITION ON BENEFIT INCREASES, 

4 ETC.—During a fiscal year in which the 1974 

5 UMWA Pension Plan is receiving transfers 

6 under subparagraph (A), no amendment of such 

7 plan which increases the liabilities of the plan by 

8 reason of any increase in benefits, any change in 

9 the accrual of benefits, or any change in the rate 

10 at which benefits become nonforfeitable under the 

11 plan may be adopted unless the amendment is 

12 required as a condition of qualification under 

13 part I of subchapter D of chapter 1 of the Inter14 nal Revenue Code of 1986. 

15 ‘‘(D) CRITICAL STATUS TO BE MAIN16 TAINED.—Until such time as the 1974 UMWA 

17 Pension Plan ceases to be eligible for the trans18 fers described in subparagraph (A)— 

19 ‘‘(i) the Plan shall be treated as if it 

20 were in critical status for purposes of sec21 tions 412(b)(3), 432(e)(3), and 

22 4971(g)(1)(A) of the Internal Revenue Code 

23 of 1986 and sections 302(b)(3) and 

24 305(e)(3) of the Employee Retirement In25 come Security Act; 
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1 ‘‘(ii) the Plan shall maintain and com2 ply with its rehabilitation plan under sec3 tion 432(e) of such Code and section 305(e) 

4 of such Act, including any updates thereto; 

5 and 

6 ‘‘(iii) the provisions of subsections (c) 

7 and (d) of section 432 of such Code and 

8 subsections (c) and (d) of section 305 of 

9 such Act shall not apply. 

10 ‘‘(E) TREATMENT OF TRANSFERS FOR PUR11 POSES OF WITHDRAWAL LIABILITY UNDER

12 ERISA.—The amount of any transfer made under 

13 subparagraph (A) (and any earnings attrib14 utable thereto) shall be disregarded in deter15 mining the unfunded vested benefits of the 1974 

16 UMWA Pension Plan and the allocation of such 

17 unfunded vested benefits to an employer for pur18 poses of determining the employer’s withdrawal 

19 liability under section 4201 of the Employee Re20 tirement Income Security Act of 1974. 

21 ‘‘(F) REQUIREMENT TO MAINTAIN CON22 TRIBUTION RATE.—A transfer under subpara23 graph (A) shall not be made for a fiscal year un24 less the persons that are obligated to contribute 

25 to the 1974 UMWA Pension Plan on the date of 
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•HR 1865 EAH 

1 the transfer are obligated to make the contribu2 tions at rates that are no less than those in effect 

3 on the date which is 30 days before the date of 

4 enactment of the Bipartisan American Miners 

5 Act of 2019. 

6 ‘‘(G) ENHANCED ANNUAL REPORTING.— 

7 ‘‘(i) IN GENERAL.—Not later than the 

8 90th day of each plan year beginning after 

9 the date of enactment of the Bipartisan 

10 American Miners Act of 2019, the trustees 

11 of the 1974 UMWA Pension Plan shall file 

12 with the Secretary of the Treasury or the 

13 Secretary’s delegate and the Pension Benefit 

14 Guaranty Corporation a report (including 

15 appropriate documentation and actuarial 

16 certifications from the plan actuary, as re17 quired by the Secretary of the Treasury or 

18 the Secretary’s delegate) that contains— 

19 ‘‘(I) whether the plan is in endan20 gered or critical status under section 

21 305 of the Employee Retirement In22 come Security Act of 1974 and section 

23 432 of the Internal Revenue Code of 

24 1986 as of the first day of such plan 

25 year; 
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1 ‘‘(II) the funded percentage (as 

2 defined in section 432(j)(2) of such 

3 Code) as of the first day of such plan 

4 year, and the underlying actuarial 

5 value of assets and liabilities taken 

6 into account in determining such per7 centage; 

8 ‘‘(III) the market value of the as9 sets of the plan as of the last day of the 

10 plan year preceding such plan year; 

11 ‘‘(IV) the total value of all con12 tributions made during the plan year 

13 preceding such plan year; 

14 ‘‘(V) the total value of all benefits 

15 paid during the plan year preceding 

16 such plan year; 

17 ‘‘(VI) cash flow projections for 

18 such plan year and either the 6 or 10 

19 succeeding plan years, at the election of 

20 the trustees, and the assumptions relied 

21 upon in making such projections; 

22 ‘‘(VII) funding standard account 

23 projections for such plan year and the 

24 9 succeeding plan years, and the as-
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•HR 1865 EAH 

1 sumptions relied upon in making such 

2 projections; 

3 ‘‘(VIII) the total value of all in4 vestment gains or losses during the 

5 plan year preceding such plan year; 

6 ‘‘(IX) any significant reduction in 

7 the number of active participants dur8 ing the plan year preceding such plan 

9 year, and the reason for such reduc10 tion; 

11 ‘‘(X) a list of employers that with12 drew from the plan in the plan year 

13 preceding such plan year, and the re14 sulting reduction in contributions; 

15 ‘‘(XI) a list of employers that 

16 paid withdrawal liability to the plan 

17 during the plan year preceding such 

18 plan year and, for each employer, a 

19 total assessment of the withdrawal li20 ability paid, the annual payment 

21 amount, and the number of years re22 maining in the payment schedule with 

23 respect to such withdrawal liability; 

24 ‘‘(XII) any material changes to 

25 benefits, accrual rates, or contribution 
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•HR 1865 EAH 

1 rates during the plan year preceding 

2 such plan year; 

3 ‘‘(XIII) any scheduled benefit in4 crease or decrease in the plan year pre5 ceding such plan year having a mate6 rial effect on liabilities of the plan; 

7 ‘‘(XIV) details regarding any 

8 funding improvement plan or rehabili9 tation plan and updates to such plan; 

10 ‘‘(XV) the number of participants 

11 and beneficiaries during the plan year 

12 preceding such plan year who are ac13 tive participants, the number of par14 ticipants and beneficiaries in pay sta15 tus, and the number of terminated 

16 vested participants and beneficiaries; 

17 ‘‘(XVI) the information contained 

18 on the most recent annual funding no19 tice submitted by the plan under sec20 tion 101(f) of the Employee Retirement 

21 Income Security Act of 1974; 

22 ‘‘(XVII) the information con23 tained on the most recent Department 

24 of Labor Form 5500 of the plan; and 
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•HR 1865 EAH 

1 ‘‘(XVIII) copies of the plan docu2 ment and amendments, other retire3 ment benefit or ancillary benefit plans 

4 relating to the plan and contribution 

5 obligations under such plans, a break6 down of administrative expenses of the 

7 plan, participant census data and dis8 tribution of benefits, the most recent 

9 actuarial valuation report as of the 

10 plan year, copies of collective bar11 gaining agreements, and financial re12 ports, and such other information as 

13 the Secretary of the Treasury or the 

14 Secretary’s delegate, in consultation 

15 with the Secretary of Labor and the 

16 Director of the Pension Benefit Guar17 anty Corporation, may require. 

18 ‘‘(ii) ELECTRONIC SUBMISSION.—The 

19 report required under clause (i) shall be 

20 submitted electronically. 

21 ‘‘(iii) INFORMATION SHARING.—The 

22 Secretary of the Treasury or the Secretary’s 

23 delegate shall share the information in the 

24 report under clause (i) with the Secretary of 

25 Labor. 
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1 ‘‘(iv) PENALTY.—Any failure to file the 

2 report required under clause (i) on or before 

3 the date described in such clause shall be 

4 treated as a failure to file a report required 

5 to be filed under section 6058(a) of the In6 ternal Revenue Code of 1986, except that 

7 section 6652(e) of such Code shall be ap8 plied with respect to any such failure by 

9 substituting ‘$100’ for ‘$25’. The preceding 

10 sentence shall not apply if the Secretary of 

11 the Treasury or the Secretary’s delegate de12 termines that reasonable diligence has been 

13 exercised by the trustees of such plan in at14 tempting to timely file such report. 

15 ‘‘(H) 1974 UMWA PENSION PLAN DE16 FINED.—For purposes of this paragraph, the 

17 term ‘1974 UMWA Pension Plan’ has the mean18 ing given the term in section 9701(a)(3) of the 

19 Internal Revenue Code of 1986, but without re20 gard to the limitation on participation to indi21 viduals who retired in 1976 and thereafter.’’. 

22 (b) EFFECTIVE DATES.— 

23 (1) IN GENERAL.—The amendments made by 

24 this section shall apply to fiscal years beginning after 

25 September 30, 2016. 
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1 (2) REPORTING REQUIREMENTS.—Section 

2 402(i)(4)(G) of the Surface Mining Control and Rec3 lamation Act of 1977 (30 U.S.C. 1232(i)(4)(G)), as 

4 added by this section, shall apply to plan years begin5 ning after the date of the enactment of this Act. 

6 SEC. 103. INCLUSION IN MULTIEMPLOYER HEALTH BEN7 EFIT PLAN. 

8 Section 402(h)(2)(C) of the Surface Mining Control 

9 and Reclamation Act of 1977 (30 U.S.C. 1232(h)(2)(C)) is 

10 amended— 

11 (1) by striking ‘‘the Health Benefits for Miners 

12 Act of 2017’’ both places it appears in clause (ii) and 

13 inserting ‘‘the Bipartisan American Miners Act of 

14 2019’’; 

15 (2) by striking ‘‘, would be denied or reduced as 

16 a result of a bankruptcy proceeding commenced in 

17 2012 or 2015’’ in clause (ii)(II) and inserting ‘‘or a 

18 related coal wage agreement, would be denied or re19 duced as a result of a bankruptcy proceeding com20 menced in 2012, 2015, 2018, or 2019’’; 

21 (3) by striking ‘‘and’’ at the end of clause (ii)(I), 

22 by striking the period at the end of clause (ii)(II) and 

23 inserting ‘‘; and’’, and by inserting after clause 

24 (ii)(II) the following new subclause: 
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1 ‘‘(III) the cost of administering 

2 the resolution of disputes process ad3 ministered (as of the date of the enact4 ment of the Bipartisan American Min5 ers Act of 2019) by the Trustees of the 

6 Plan.’’, 

7 (4) by striking ‘‘January 1, 2017’’ in clause (ii) 

8 and inserting ‘‘January 1, 2019’’; and 

9 (5) by adding at the end the following new 

10 clause: 

11 ‘‘(vi) RELATED COAL WAGE AGREE12 MENT.—For purposes of clause (ii), the 

13 term ‘related coal wage agreement’ means 

14 an agreement between the United Mine 

15 Workers of America and an employer in the 

16 bituminous coal industry that— 

17 ‘‘(I) is a signatory operator; or 

18 ‘‘(II) is or was a debtor in a 

19 bankruptcy proceeding that was con20 solidated, administratively or other21 wise, with the bankruptcy proceeding 

22 of a signatory operator or a related 

23 person to a signatory operator (as 

24 those terms are defined in section 
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1 9701(c) of the Internal Revenue Code 

2 of 1986).’’. 

3 SEC. 104. REDUCTION IN MINIMUM AGE FOR ALLOWABLE 

4 IN-SERVICE DISTRIBUTIONS. 

5 (a) IN GENERAL.—Section 401(a)(36) of the Internal 

6 Revenue Code of 1986 is amended by striking ‘‘age 62’’ and 

inserting ‘‘age 591 7 ⁄2’’. 

8 (b) APPLICATION TO GOVERNMENTAL SECTION 457(b) 

9 PLANS.—Clause (i) of section 457(d)(1)(A) of the Internal 

10 Revenue Code of 1986 is amended by inserting ‘‘(in the case 

11 of a plan maintained by an employer described in subsection (e)(1)(A), age 591 12 ⁄2)’’ before the comma at the end. 

13 (c) EFFECTIVE DATE.—The amendments made by this 

14 section shall apply to plan years beginning after December 

15 31, 2019. 

16 DIVISION N—HEALTH AND 

17 HUMAN SERVICES EXTENDERS 

18 TITLE I—HEALTH AND HUMAN 

19 SERVICES EXTENDERS 

Subtitle A—Medicare Provisions 

Sec. 101. Extension of the work geographic index floor under the Medicare program. 

Sec. 102. Extension of funding for quality measure endorsement, input, and selection. 

Sec. 103. Extension of funding outreach and assistance for low-income programs. 

Sec. 104. Extension of appropriations to the Patient-Centered Outcomes Research Trust Fund; extension of certain health insurance fees. 

Sec. 105. Laboratory Access for Beneficiaries. 
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Sec. 106. Exclusion of complex rehabilitative manual wheelchairs from medicare 

competitive acquisition program; non-application of medicare 

fee-schedule adjustments for certain wheelchair accessories and 

cushions. 

Sec. 107. Extending pass-through status for certain drugs under part B of the 

Medicare program. 

Sec. 108. Hematopoietic stem cell acquisition payments. 

Subtitle B—Medicaid Provisions 

Sec. 201. Extension of Community Mental Health Services demonstration program. 

Sec. 202. Medicaid funding for the territories. 

Sec. 203. Delay of DSH reductions. 

Sec. 204. Extension of spousal impoverishment protections. 

Sec. 205. Extension of the Money Follows the Person rebalancing demonstration program. 

Subtitle C—Human Services and Other Health Programs 

Sec. 301. Extension of demonstration projects to address health professions 

workforce needs. 

Sec. 302. Extension of the temporary assistance for needy families program 

and related programs. 

Sec. 303. Extension of sexual risk avoidance education program. 

Sec. 304. Extension of personal responsibility education program. 

Subtitle D—Public Health Provisions 

Sec. 401. Extension for community health centers, the national health service 

corps, and teaching health centers that operate GME programs. 

Sec. 402. Diabetes programs. 

Sec. 403. Poison Center Network Enhancement. 

Sec. 404. Kay Hagan Tick Act. 

Subtitle E—Revenue Provisions 

Sec. 501. Repeal of medical device excise tax. 

Sec. 502. Repeal of annual fee on health insurance providers. 

Sec. 503. Repeal of excise tax on high cost employer-sponsored health coverage. 

Subtitle F—Miscellaneous Provisions 

Sec. 601. Alaska native regional health entities. 

Sec. 602. Addressing expiration of child welfare demonstration projects and 

supporting Family First implementation. 

Sec. 603 Minimum age of sale of tobacco products. 

Sec. 604. Sale of tobacco products to individuals under the age of 21. 

Sec. 605. Biological product definition. 

Sec. 606. Protecting access to biological products. 

Sec. 607. Streamlining the transition of biological products. 

Sec. 608. Reenrollment of certain individuals in qualified health plans in certain 

Exchanges. 

Sec. 609. Protection of silver loading practice. 

Sec. 610. Actions for delays of generic drugs and biosimilar biological products. 
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1 Subtitle A—Medicare Provisions 

2 SEC. 101. EXTENSION OF THE WORK GEOGRAPHIC INDEX 

3 FLOOR UNDER THE MEDICARE PROGRAM. 

4 Section 1848(e)(1)(E) of the Social Security Act (42 

5 U.S.C. 1395w–4(e)(1)(E)) is amended by striking ‘‘Janu6 ary 1, 2020’’ and inserting ‘‘May 23, 2020’’. 

7 SEC. 102. EXTENSION OF FUNDING FOR QUALITY MEASURE 

8 ENDORSEMENT, INPUT, AND SELECTION. 

9 (a) IN GENERAL.—Section 1890(d)(2) of the Social Se10 curity Act (42 U.S.C. 1395aaa(d)(2)) is amended— 

11 (1) in the first sentence, by striking ‘‘$1,665,000 

12 for the period beginning on October 1, 2019, and end13 ing on December 20, 2019’’ and inserting ‘‘$4,830,000 

14 for the period beginning on October 1, 2019, and end15 ing on May 22, 2020’’; and 

16 (2) in the third sentence, by striking ‘‘December 

17 20, 2019,’’ and inserting ‘‘May 22, 2020’’. 

18 (b) EFFECTIVE DATE.—The amendments made by sub19 section (a) shall take effect as if included in the enactment 

20 of the Further Continuing Appropriations Act, 2020, and 

21 Further Health Extenders Act of 2019 (Public Law 116– 

22 69). 
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1 SEC. 103. EXTENSION OF FUNDING OUTREACH AND ASSIST2 ANCE FOR LOW-INCOME PROGRAMS. 

3 (a) ADDITIONAL FUNDING FOR STATE HEALTH INSUR4 ANCE PROGRAMS.—Subsection (a)(1)(B) of section 119 of 

5 the Medicare Improvements for Patients and Providers Act 

6 of 2008 (42 U.S.C. 1395b–3 note), as amended by section 

7 3306 of the Patient Protection and Affordable Care Act 

8 (Public Law 111–148), section 610 of the American Tax9 payer Relief Act of 2012 (Public Law 112–240), section 

10 1110 of the Pathway for SGR Reform Act of 2013 (Public 

11 Law 113–67), section 110 of the Protecting Access to Medi12 care Act of 2014 (Public Law 113–93), section 208 of the 

13 Medicare Access and CHIP Reauthorization Act of 2015 

14 (Public Law 114–10), section 50207 of division E of the 

15 Bipartisan Budget Act of 2018 (Public Law 115–123), sec16 tion 1402 of the Continuing Appropriations Act, 2020, and 

17 Health Extenders Act of 2019 (Public Law 116–59), and 

18 section 1402 of the Further Continuing Appropriations Act, 

19 2020, and Further Health Extenders Act of 2019 (Public 

20 Law 116–69), is amended— 

21 (1) in clause (x), by striking ‘‘and’’ at the end; 

22 (2) in clause (xi), by striking the period at the 

23 end and inserting ‘‘; and’’; and 

24 (3) by inserting after clause (xi) the following 

25 new clause: 
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1 ‘‘(xii) for the period beginning on De2 cember 21, 2019, and ending on May 22, 

3 2020, of $5,485,000.’’. 

4 (b) ADDITIONAL FUNDING FOR AREA AGENCIES ON

5 AGING.—Subsection (b)(1)(B) of such section 119, as so 

6 amended, is amended— 

7 (1) in clause (x), by striking ‘‘and’’ at the end; 

8 (2) in clause (xi), by striking the period at the 

9 end and inserting ‘‘; and’’; and 

10 (3) by inserting after clause (xi) the following 

11 new clause: 

12 ‘‘(xii) for the period beginning on De13 cember 21, 2019, and ending on May 22, 

14 2020, of $3,165,000.’’. 

15 (c) ADDITIONAL FUNDING FOR AGING AND DISABILITY

16 RESOURCE CENTERS.—Subsection (c)(1)(B) of such section 

17 119, as so amended, is amended— 

18 (1) in clause (x), by striking ‘‘and’’ at the end; 

19 (2) in clause (xi), by striking the period at the 

20 end and inserting ‘‘; and’’; and 

21 (3) by inserting after clause (xi) the following 

22 new clause: 

23 ‘‘(xii) for the period beginning on De24 cember 21, 2019, and ending on May 22, 

25 2020, of $2,110,000.’’. 
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1 (d) ADDITIONAL FUNDING FOR CONTRACT WITH THE

2 NATIONAL CENTER FOR BENEFITS AND OUTREACH EN3 ROLLMENT.—Subsection (d)(2) of such section 119, as so 

4 amended, is amended— 

5 (1) in clause (x), by striking ‘‘and’’ at the end; 

6 (2) in clause (xi), by striking the period at the 

7 end and inserting ‘‘; and’’; and 

8 (3) by inserting after clause (xi) the following 

9 new clause: 

10 ‘‘(xii) for the period beginning on De11 cember 21, 2019, and ending on May 22, 

12 2020, of $5,063,000.’’. 

13 SEC. 104. EXTENSION OF APPROPRIATIONS TO THE PA14 TIENT-CENTERED OUTCOMES RESEARCH 

15 TRUST FUND; EXTENSION OF CERTAIN 

16 HEALTH INSURANCE FEES. 

17 (a) IN GENERAL.—Section 9511 of the Internal Rev18 enue Code of 1986 is amended— 

19 (1) in subsection (b)— 

20 (A) in paragraph (1)— 

21 (i) by inserting after subparagraph (E) 

22 the following new subparagraph: 

23 ‘‘(F) For each of fiscal years 2020 through 

24 2029— 
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•HR 1865 EAH 

1 ‘‘(i) an amount equivalent to the net 

2 revenues received in the Treasury from the 

3 fees imposed under subchapter B of chapter 

4 34 (relating to fees on health insurance and 

5 self-insured plans) for such fiscal year; and 

6 ‘‘(ii) the applicable amount (as defined 

7 in paragraph (4)) for the fiscal year.’’; and 

8 (ii) by striking ‘‘and (E)(ii)’’ in the 

9 last sentence and inserting ‘‘(E)(ii), and 

10 (F)(ii)’’; and 

11 (B) by adding at the end the following new 

12 paragraph: 

13 ‘‘(4) APPLICABLE AMOUNT DEFINED.—In para14 graph (1)(F)(ii), the term ‘applicable amount’ 

15 means— 

16 ‘‘(A) for fiscal year 2020, $275,500,000; 

17 ‘‘(B) for fiscal year 2021, $285,000,000; 

18 ‘‘(C) for fiscal year 2022, $293,500,000; 

19 ‘‘(D) for fiscal year 2023, $311,500,000; 

20 ‘‘(E) for fiscal year 2024, $320,000,000; 

21 ‘‘(F) for fiscal year 2025, $338,000,000; 

22 ‘‘(G) for fiscal year 2026, $355,500,000; 

23 ‘‘(H) for fiscal year 2027, $363,500,000; 

24 ‘‘(I) for fiscal year 2028, $381,000,000; and 

25 ‘‘(J) for fiscal year 2029, $399,000,000.’’; 
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•HR 1865 EAH 

1 (2) in subsection (d)(2)(A), by striking ‘‘2019’’ 

2 and inserting ‘‘2029’’; and 

3 (3) in subsection (f), by striking ‘‘December 20, 

4 2019’’ and inserting ‘‘September 30, 2029’’. 

5 (b) HEALTH INSURANCE POLICIES.—Section 4375(e) 

6 of the Internal Revenue Code of 1986 is amended by strik7 ing ‘‘2019’’ and inserting ‘‘2029’’. 

8 (c) SELF-INSURED HEALTH PLANS.—Section 4376(e) 

9 of the Internal Revenue Code of 1986 is amended by strik10 ing ‘‘2019’’ and inserting ‘‘2029’’. 

11 (d) IDENTIFICATION OF RESEARCH PRIORITIES.— 

12 Subsection (d)(1)(A) of section 1181 of the Social Security 

13 Act (42 U.S.C. 1320e) is amended by adding at the end 

14 the following: ‘‘Such national priorities shall include re15 search with respect to intellectual and developmental dis16 abilities and maternal mortality. Such priorities should re17 flect a balance between long-term priorities and short-term 

18 priorities, and be responsive to changes in medical evidence 

19 and in health care treatments.’’. 

20 (e) CONSIDERATION OF FULL RANGE OF OUTCOMES

21 DATA.—Subsection (d)(2) of such section 1181 is amended 

22 by adding at the end the following subparagraph: 

23 ‘‘(F) CONSIDERATION OF FULL RANGE OF

24 OUTCOMES DATA.—Research shall be designed, as 

25 appropriate, to take into account and capture 
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•HR 1865 EAH 

1 the full range of clinical and patient-centered 

2 outcomes relevant to, and that meet the needs of, 

3 patients, clinicians, purchasers, and policy-mak4 ers in making informed health decisions. In ad5 dition to the relative health outcomes and clin6 ical effectiveness, clinical and patient-centered 

7 outcomes shall include the potential burdens and 

8 economic impacts of the utilization of medical 

9 treatments, items, and services on different stake10 holders and decision-makers respectively. These 

11 potential burdens and economic impacts include 

12 medical out-of-pocket costs, including health plan 

13 benefit and formulary design, non-medical costs 

14 to the patient and family, including caregiving, 

15 effects on future costs of care, workplace produc16 tivity and absenteeism, and healthcare utiliza17 tion.’’. 

18 (f) BOARD COMPOSITION.—Subsection (f) of such sec19 tion 1181 is amended— 

20 (1) in paragraph (1)— 

21 (A) in subparagraph (C)— 

22 (i) in the matter preceding clause (i)— 

23 (I) by striking ‘‘Seventeen’’ and 

24 inserting ‘‘At least nineteen, but no 

25 more than twenty-one’’; and 
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•HR 1865 EAH 

1 (II) by striking ‘‘, not later than 

2 6 months after the date of enactment of 

3 this section,’’; and 

4 (ii) in clause (iii), by striking ‘‘3’’ and 

5 inserting ‘‘at least 3, but no more than 5’’; 

6 and 

7 (2) in paragraph (3)— 

8 (A) in the first sentence— 

9 (i) by striking the ‘‘the members’’ and 

10 inserting ‘‘members’’; and 

11 (ii) by inserting the following before 

12 the period at the end: ‘‘to the extent nec13 essary to preserve the evenly staggered terms 

14 of the Board.’’; and 

15 (B) by inserting the following after the first 

16 sentence: ‘‘Any member appointed to fill a va17 cancy occurring before the expiration of the term 

18 for which the member’s predecessor was ap19 pointed shall be appointed for the remainder of 

20 that term and thereafter may be eligible for re21 appointment to a full term. A member may serve 

22 after the expiration of that member’s term until 

23 a successor has been appointed.’’. 

24 (g) METHODOLOGY COMMITTEE APPOINTMENTS.— 

25 Such section 1181 is amended— 
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•HR 1865 EAH 

1 (1) in subsection (d)(6)(B), by striking ‘‘Comp2 troller General of the United States’’ and inserting 

3 ‘‘Board’’; and 

4 (2) in subsection (h)(4)— 

5 (A) in subparagraph (A)(ii), by striking 

6 ‘‘Comptroller General’’ and inserting ‘‘Board’’; 

7 and 

8 (B) in the first sentence of subparagraph 

9 (B), by striking ‘‘and of the Government Ac10 countability Office’’. 

11 (h) REPORTS BY THE COMPTROLLER GENERAL OF

12 THE UNITED STATES.—Subsection (g)(2)(A) of such section 

13 1181 is amended— 

14 (1) by striking clause (iv) and inserting the fol15 lowing: 

16 ‘‘(iv) Not less frequently than every 5 

17 years, the overall effectiveness of activities 

18 conducted under this section and the dis19 semination, training, and capacity building 

20 activities conducted under section 937 of the 

21 Public Health Service Act. Such review 

22 shall include the following: 

23 ‘‘(I) A description of those activi24 ties and the financial commitments re25 lated to research, training, data capac-
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•HR 1865 EAH 

1 ity building, and dissemination and 

2 uptake of research findings. 

3 ‘‘(II) The extent to which the In4 stitute and the Agency for Healthcare 

5 Research and Quality have collabo6 rated with stakeholders, including pro7 vider and payer organizations, to fa8 cilitate the dissemination and uptake 

9 of research findings. 

10 ‘‘(III) An analysis of available 

11 data and performance metrics, such as 

12 the estimated public availability and 

13 dissemination of research findings and 

14 uptake and utilization of research find15 ings in clinical guidelines and decision 

16 support tools, on the extent to which 

17 such research findings are used by 

18 health care decision-makers, the effect 

19 of the dissemination of such findings 

20 on changes in medical practice and re21 ducing practice variation and dispari22 ties in health care, and the effect of the 

23 research conducted and disseminated 

24 on innovation and the health care 

25 economy of the United States.’’; and 
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•HR 1865 EAH 

1 (2) by adding at the end the following new 

2 clause: 

3 ‘‘(vi) Not less frequently than every 5 

4 years, any barriers that researchers funded 

5 by the Institute have encountered in con6 ducting studies or clinical trials, including 

7 challenges covering the cost of any medical 

8 treatments, services, and items described in 

9 subsection (a)(2)(B) for purposes of the re10 search study.’’. 

11 SEC. 105. LABORATORY ACCESS FOR BENEFICIARIES. 

12 (a) AMENDMENTS RELATING TO REPORTING RE13 QUIREMENTS WITH RESPECT TO CLINICAL DIAGNOSTIC

14 LABORATORY TESTS.— 

15 (1) REVISED REPORTING PERIOD FOR REPORT16 ING OF PRIVATE SECTOR PAYMENT RATES FOR ESTAB17 LISHMENT OF MEDICARE PAYMENT RATES.—Section 

18 1834A(a) of the Social Security Act (42 U.S.C. 

19 1395m–1(a)) is amended— 

20 (A) in paragraph (1)— 

21 (i) by striking ‘‘Beginning January 1, 

22 2016’’ and inserting the following: 

23 ‘‘(A) GENERAL REPORTING REQUIRE24 MENTS.—Subject to subparagraph (B), beginning 

25 January 1, 2016’’; 
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•HR 1865 EAH 

1 (ii) in subparagraph (A), as added by 

2 subparagraph (A) of this paragraph, by in3 serting ‘‘(referred to in this subsection as 

4 the ‘reporting period’)’’ after ‘‘at a time 

5 specified by the Secretary’’; and 

6 (iii) by adding at the end the fol7 lowing: 

8 ‘‘(B) REVISED REPORTING PERIOD.—In the 

9 case of reporting with respect to clinical diag10 nostic laboratory tests that are not advanced di11 agnostic laboratory tests, the Secretary shall re12 vise the reporting period under subparagraph 

13 (A) such that— 

14 ‘‘(i) no reporting is required during 

15 the period beginning January 1, 2020, and 

16 ending December 31, 2020; 

17 ‘‘(ii) reporting is required during the 

18 period beginning January 1, 2021, and 

19 ending March 31, 2021; and 

20 ‘‘(iii) reporting is required every three 

21 years after the period described in clause 

22 (ii).’’; and 

23 (B) in paragraph (4)— 

24 (i) by striking ‘‘In this section’’ and 

25 inserting the following: 
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•HR 1865 EAH 

1 ‘‘(A) IN GENERAL.—Subject to subpara2 graph (B), in this section’’; and 

3 (ii) by adding at the end the following: 

4 ‘‘(B) EXCEPTION.—In the case of the report5 ing period described in paragraph (1)(B)(ii) 

6 with respect to clinical diagnostic laboratory 

7 tests that are not advanced diagnostic laboratory 

8 tests, the term ‘data collection period’ means the 

9 period beginning January 1, 2019, and ending 

10 June 30, 2019.’’. 

11 (2) CORRECTIONS RELATING TO PHASE-IN OF

12 REDUCTIONS FROM PRIVATE PAYOR RATE IMPLEMEN13 TATION.—Section 1834A(b)(3) of the Social Security 

14 Act (42 U.S.C. 1395m–1(b)(3)) is amended— 

15 (A) in subparagraph (A), by striking 

16 ‘‘through 2022’’ and inserting ‘‘through 2023’’; 

17 and 

18 (B) in subparagraph (B)— 

19 (i) in clause (i), by striking ‘‘through 

20 2019’’ and inserting ‘‘through 2020’’; and 

21 (ii) in clause (ii), by striking ‘‘2020 

22 through 2022’’ and inserting ‘‘2021 through 

23 2023’’. 

24 (b) STUDY AND REPORT BY MEDPAC.— 
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1 (1) IN GENERAL.—The Medicare Payment Advi2 sory Commission (in this subsection referred to as the 

3 ‘‘Commission’’) shall conduct a study to review the 

4 methodology the Administrator of the Centers for 

5 Medicare & Medicaid Services has implemented for 

6 the private payor rate-based clinical laboratory fee 

7 schedule under the Medicare program under title 

8 XVIII of the Social Security Act (42 U.S.C. 1395 et 

9 seq.). 

10 (2) SCOPE OF STUDY.—In carrying out the 

11 study described in paragraph (1), the Commission 

12 shall consider the following: 

13 (A) How best to implement the least bur14 densome data collection process required under 

15 section 1834A(a)(1) of such Act (42 U.S.C. 

16 1395m–1(a)(1)) that would— 

17 (i) result in a representative and sta18 tistically valid data sample of private mar19 ket rates from all laboratory market seg20 ments, including hospital outreach labora21 tories, physician office laboratories, and 

22 independent laboratories; and 

23 (ii) consider the variability of private 

24 payor payment rates across market seg25 ments. 
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•HR 1865 EAH 

1 (B) Appropriate statistical methods for esti2 mating rates that are representative of the mar3 ket. 

4 (3) REPORT TO CONGRESS.—Not later than 18 

5 months after the date of the enactment of this Act, the 

6 Commission shall submit to the Administrator, the 

7 Committee on Finance of the Senate, and the Com8 mittees on Ways and Means and Energy and Com9 merce of the House of Representatives a report that 

10 includes— 

11 (A) conclusions about the methodology de12 scribed in paragraph (1); and 

13 (B) any recommendations the Commission 

14 deems appropriate. 

15 SEC. 106. EXCLUSION OF COMPLEX REHABILITATIVE MAN16 UAL WHEELCHAIRS FROM MEDICARE COM17 PETITIVE ACQUISITION PROGRAM; NON-AP18 PLICATION OF MEDICARE FEE-SCHEDULE AD19 JUSTMENTS FOR CERTAIN WHEELCHAIR AC20 CESSORIES AND CUSHIONS. 

21 (a) EXCLUSION OF COMPLEX REHABILITATIVE MAN22 UAL WHEELCHAIRS FROM COMPETITIVE ACQUISITION PRO23 GRAM.—Section 1847(a)(2)(A) of the Social Security Act 

24 (42 U.S.C. 1395w–3(a)(2)(A)) is amended— 
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1 (1) by inserting ‘‘, complex rehabilitative man2 ual wheelchairs (as determined by the Secretary), and 

3 certain manual wheelchairs (identified, as of October 

4 1, 2018, by HCPCS codes E1235, E1236, E1237, 

5 E1238, and K0008 or any successor to such codes)’’ 

6 after ‘‘group 3 or higher’’; and 

7 (2) by striking ‘‘such wheelchairs’’ and inserting 

8 ‘‘such complex rehabilitative power wheelchairs, com9 plex rehabilitative manual wheelchairs, and certain 

10 manual wheelchairs’’. 

11 (b) NON-APPLICATION OF MEDICARE FEE SCHEDULE

12 ADJUSTMENTS FOR WHEELCHAIR ACCESSORIES AND SEAT

13 AND BACK CUSHIONS WHEN FURNISHED IN CONNECTION

14 WITH COMPLEX REHABILITATIVE MANUAL WHEEL15 CHAIRS.— 

16 (1) IN GENERAL.—Notwithstanding any other 

17 provision of law, the Secretary of Health and Human 

18 Services shall not, during the period beginning on 

19 January 1, 2020, and ending on June 30, 2021, use 

20 information on the payment determined under the 

21 competitive acquisition programs under section 1847 

22 of the Social Security Act (42 U.S.C. 1395w–3) to ad23 just the payment amount that would otherwise be rec24 ognized under section 1834(a)(1)(B)(ii) of such Act 

25 (42 U.S.C. 1395m(a)(1)(B)(ii)) for wheelchair acces-
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•HR 1865 EAH 

1 sories (including seating systems) and seat and back 

2 cushions when furnished in connection with complex 

3 rehabilitative manual wheelchairs (as determined by 

4 the Secretary), and certain manual wheelchairs (iden5 tified, as of October 1, 2018, by HCPCS codes E1235, 

6 E1236, E1237, E1238, and K0008 or any successor 

7 to such codes). 

8 (2) IMPLEMENTATION.—Notwithstanding any 

9 other provision of law, the Secretary may implement 

10 this subsection by program instruction or otherwise. 

11 SEC. 107. EXTENDING PASS-THROUGH STATUS FOR CER12 TAIN DRUGS UNDER PART B OF THE MEDI13 CARE PROGRAM. 

14 (a) IN GENERAL.—Section 1833(t)(6) of the Social Se15 curity Act (42 U.S.C. 1395l(t)(6)) is amended— 

16 (1) in subparagraph (E)(i), by striking ‘‘2018’’ 

17 and inserting ‘‘2018 or 2020’’; and 

18 (2) by adding at the end the following new sub19 paragraph: 

20 ‘‘(J) ADDITIONAL PASS-THROUGH EXTEN21 SION AND SPECIAL PAYMENT ADJUSTMENT RULE

22 FOR CERTAIN DIAGNOSTIC RADIOPHARMA23 CEUTICALS.—In the case of a drug or biological 

24 furnished in the context of a clinical study on 

25 diagnostic imaging tests approved under a cov-
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1 erage with evidence development determination 

2 whose period of pass-through status under this 

3 paragraph concluded on December 31, 2018, and 

4 for which payment under this subsection was 

5 packaged into a payment for a covered OPD 

6 service (or group of services) furnished beginning 

7 January 1, 2019, the Secretary shall— 

8 ‘‘(i) extend such pass-through status for 

9 such drug or biological for the 9-month pe10 riod beginning on January 1, 2020; 

11 ‘‘(ii) remove, during such period, the 

12 packaged costs of such drug or biological (as 

13 determined by the Secretary) from the pay14 ment amount under this subsection for the 

15 covered OPD service (or group of services) 

16 with which it is packaged; and 

17 ‘‘(iii) not make any adjustments to 

18 payment amounts under this subsection for 

19 a covered OPD service (or group of services) 

20 for which no costs were removed under 

21 clause (ii).’’. 

22 (b) IMPLEMENTATION.—Notwithstanding any other 

23 provision of law, the Secretary of Health and Human Serv24 ice may implement the amendments made by subsection (a) 

25 by program instruction or otherwise. 
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1 SEC. 108. HEMATOPOIETIC STEM CELL ACQUISITION PAY2 MENTS. 

3 Section 1886 of the Social Security Act (42 U.S.C. 

4 1395ww) is amended— 

5 (1) in subsection (a)(4), in the second sentence, 

6 by inserting ‘‘for cost reporting periods beginning on 

7 or after October 1, 2020, costs related to hematopoietic 

8 stem cell acquisition for the purpose of an allogeneic 

9 hematopoietic stem cell transplant (as described in 

10 subsection (d)(5)(M)),’’ after ‘‘October 1, 1987),’’; 

11 (2) in subsection (d)— 

12 (A) in paragraph (4)(C)(iii)— 

13 (i) by inserting ‘‘or payments under 

14 paragraph (5)(M) (beginning with fiscal 

15 year 2021)’’ after ‘‘fiscal year 1991)’’; and 

16 (ii) by inserting ‘‘or payments under 

17 paragraph (5)(M)’’ before the period at the 

18 end; and 

19 (B) in paragraph (5), by adding at the end 

20 the following new subparagraph: 

21 ‘‘(M)(i) For cost reporting periods beginning on or 

22 after October 1, 2020, in the case of a subsection (d) hospital 

23 that furnishes an allogeneic hematopoietic stem cell trans24 plant to an individual during such a period, payment to 

25 such hospital for hematopoietic stem cell acquisition shall 

26 be made on a reasonable cost basis. The items included in 
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1 such hematopoietic stem cell acquisition shall be specified 

2 by the Secretary through rulemaking. 

3 ‘‘(ii) For purposes of this subparagraph, the term 

4 ‘allogeneic hematopoietic stem cell transplant’ means, with 

5 respect to an individual, the intravenous infusion of 

6 hematopoietic cells derived from bone marrow, peripheral 

7 blood stem cells, or cord blood, but not including embryonic 

8 stem cells, of a donor to an individual that are or may 

9 be used to restore hematopoietic function in such individual 

10 having an inherited or acquired deficiency or defect.’’. 

11 Subtitle B—Medicaid Provisions 

12 SEC. 201. EXTENSION OF COMMUNITY MENTAL HEALTH 

13 SERVICES DEMONSTRATION PROGRAM. 

14 Section 223(d)(3) of the Protecting Access to Medicare 

15 Act of 2014 (42 U.S.C. 1396a note) is amended by striking 

16 ‘‘December 20, 2019’’ and inserting ‘‘May 22, 2020’’. 

17 SEC. 202. MEDICAID FUNDING FOR THE TERRITORIES. 

18 (a) TREATMENT OF CAP.—Section 1108(g) of the So19 cial Security Act (42 U.S.C. 1308(g)) is amended— 

20 (1) in paragraph (2)— 

21 (A) in the matter preceding subparagraph 

22 (A), by striking ‘‘subject to and section 

23 1323(a)(2) of the Patient Protection and Afford24 able Care Act paragraphs (3) and (5)’’ and in25 serting ‘‘subject to section 1323(a)(2) of the Pa-
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1 tient Protection and Affordable Care Act and 

2 paragraphs (3) and (5)’’; 

3 (B) in subparagraph (A)— 

4 (i) by striking ‘‘Puerto Rico shall not 

5 exceed the sum of’’ and inserting ‘‘Puerto 

6 Rico shall not exceed— 

7 ‘‘(i) except as provided in clause (ii), 

8 the sum of’’; 

9 (ii) by striking ‘‘$100,000;’’ and in10 serting ‘‘$100,000; and’’; and 

11 (iii) by adding at the end the following 

12 new clause: 

13 ‘‘(ii) for each of fiscal years 2020 

14 through 2021, the amount specified in para15 graph (6) for each such fiscal year;’’; 

16 (C) in subparagraph (B)— 

17 (i) by striking ‘‘the Virgin Islands 

18 shall not exceed the sum of’’ and inserting 

19 ‘‘the Virgin Islands shall not exceed— 

20 ‘‘(i) except as provided in clause (ii), 

21 the sum of’’; 

22 (ii) by striking ‘‘$10,000;’’ and insert23 ing ‘‘$10,000; and’’; and 

24 (iii) by adding at the end the following 

25 new clause: 
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•HR 1865 EAH 

1 ‘‘(ii) for each of fiscal years 2020 

2 through 2021, $126,000,000;’’; 

3 (D) in subparagraph (C)— 

4 (i) by striking ‘‘Guam shall not exceed 

5 the sum of’’ and inserting ‘‘Guam shall not 

6 exceed— 

7 ‘‘(i) except as provided in clause (ii), 

8 the sum of’’; 

9 (ii) by striking ‘‘$10,000;’’ and insert10 ing ‘‘$10,000; and’’; and 

11 (iii) by adding at the end the following 

12 new clause: 

13 ‘‘(ii) for each of fiscal years 2020 

14 through 2021, $127,000,000;’’; 

15 (E) in subparagraph (D)— 

16 (i) by striking ‘‘the Northern Mariana 

17 Islands shall not exceed the sum of’’ and in18 serting ‘‘the Northern Mariana Islands shall 

19 not exceed— 

20 ‘‘(i) except as provided in clause (ii), 

21 the sum of’’; and 

22 (ii) by adding at the end the following 

23 new clause: 

24 ‘‘(ii) for each of fiscal years 2020 

25 through 2021, $60,000,000; and’’; 
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•HR 1865 EAH 

1 (F) in subparagraph (E)— 

2 (i) by striking ‘‘American Samoa shall 

3 not exceed the sum of’’ and inserting 

4 ‘‘American Samoa shall not exceed— 

5 ‘‘(i) except as provided in clause (ii), 

6 the sum of’’; 

7 (ii) by striking ‘‘$10,000.’’ and insert8 ing ‘‘$10,000; and’’; and 

9 (iii) by adding at the end the following 

10 new clause: 

11 ‘‘(ii) for each of fiscal years 2020 

12 through 2021, $84,000,000.’’; and 

13 (G) by adding at the end the following flush 

14 sentence: 

15 ‘‘For each fiscal year after fiscal year 2021, the total 

16 amount certified for Puerto Rico, the Virgin Islands, 

17 Guam, the Northern Mariana Islands, and American 

18 Samoa under subsection (f) and this subsection for the 

19 fiscal year shall be determined as if the preceding 

20 subparagraphs were applied to each of fiscal years 

21 2020 through 2021 without regard to clause (ii) of 

22 each such subparagraph.’’; and 

23 (2) by adding at the end the following new para24 graphs: 
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1 ‘‘(6) APPLICATION TO PUERTO RICO FOR FISCAL

2 YEARS 2020 THROUGH 2021.— 

3 ‘‘(A) IN GENERAL.—Subject to subpara4 graph (B), the amount specified in this para5 graph is— 

6 ‘‘(i) for fiscal year 2020, 

7 $2,623,188,000; and 

8 ‘‘(ii) for fiscal year 2021, 

9 $2,719,072,000. 

10 ‘‘(B) ADDITIONAL INCREASE FOR PUERTO

11 RICO.— 

12 ‘‘(i) IN GENERAL.—For each of fiscal 

13 years 2020 through 2021, the amount speci14 fied in this paragraph for the fiscal year 

15 shall be equal to the amount specified for 

16 such fiscal year under subparagraph (A) in17 creased by $200,000,000 if the Secretary 

18 certifies that, with respect to such fiscal 

19 year, Puerto Rico’s State plan under title 

20 XIX (or a waiver of such plan) establishes 

21 a reimbursement floor, implemented through 

22 a directed payment arrangement plan, for 

23 physician services that are covered under 

24 the Medicare part B fee schedule in the 

25 Puerto Rico locality established under sec-
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1 tion 1848(b) that is not less than 70 percent 

2 of the payment that would apply to such 

3 services if they were furnished under part B 

4 of title XVIII during such fiscal year. 

5 ‘‘(ii) APPLICATION TO MANAGED

6 CARE.—In certifying whether Puerto Rico 

7 has established a reimbursement floor under 

8 a directed payment arrangement plan that 

9 satisfies the requirements of clause (i)— 

10 ‘‘(I) for fiscal year 2020, the Sec11 retary shall apply such requirements to 

12 payments for physician services under 

13 a managed care contract entered into 

14 or renewed after the date of enactment 

15 of this paragraph and disregard pay16 ments for physician services under any 

17 managed care contract that was en18 tered into prior to such date; and 

19 ‘‘(II) for each of fiscal years 2020 

20 through 2021— 

21 ‘‘(aa) the Secretary shall dis22 regard payments made under sub23 capitated arrangements for serv24 ices such as primary care case 

25 management; and 
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1 ‘‘(bb) if the reimbursement 

2 floor for physician services appli3 cable under a managed care con4 tract satisfies the requirements of 

5 clause (i) for the fiscal year in 

6 which the contract is entered into 

7 or renewed, such reimbursement 

8 floor shall be deemed to satisfy 

9 such requirements for the subse10 quent fiscal year. 

11 ‘‘(7) PUERTO RICO PROGRAM INTEGRITY RE12 QUIREMENTS.— 

13 ‘‘(A) IN GENERAL.— 

14 ‘‘(i) PROGRAM INTEGRITY LEAD.—Not 

15 later than 6 months after the date of enact16 ment of this paragraph, the agency respon17 sible for the administration of Puerto Rico’s 

18 Medicaid program under title XIX shall 

19 designate an officer (other than the director 

20 of such agency) to serve as the Program In21 tegrity Lead for such program. 

22 ‘‘(ii) PERM REQUIREMENT.—Not later 

23 than 18 months after the date of enactment 

24 of this paragraph, Puerto Rico shall publish 

25 a plan, developed by Puerto Rico in coordi-
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1 nation with the Administrator of the Cen2 ters for Medicare & Medicaid Services and 

3 approved by the Administrator, for how 

4 Puerto Rico will develop measures to satisfy 

5 the payment error rate measurement 

6 (PERM) requirements under subpart Q of 

7 part 431 of title 42, Code of Federal Regu8 lations (or any successor regulation). 

9 ‘‘(iii) CONTRACTING REFORM.—Not 

10 later than 12 months after the date of enact11 ment of this paragraph, Puerto Rico shall 

12 publish a contracting reform plan to combat 

13 fraudulent, wasteful, or abusive contracts 

14 under Puerto Rico’s Medicaid program 

15 under title XIX that includes— 

16 ‘‘(I) metrics for evaluating the 

17 success of the plan; and 

18 ‘‘(II) a schedule for publicly re19 leasing status reports on the plan. 

20 ‘‘(iv) MEQC.—Not later than 18 

21 months after the date of enactment of this 

22 paragraph, Puerto Rico shall publish a 

23 plan, developed by Puerto Rico in coordina24 tion with the Administrator of the Centers 

25 for Medicare & Medicaid Services and ap-
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•HR 1865 EAH 

1 proved by the Administrator, for how Puer2 to Rico will comply with the Medicaid eligi3 bility quality control (MEQC) requirements 

4 of subpart P of part 431 of title 42, Code 

5 of Federal Regulations (or any successor 

6 regulation). 

7 ‘‘(B) FMAP REDUCTION FOR FAILURE TO

8 MEET ADDITIONAL REQUIREMENTS.— 

9 ‘‘(i) IN GENERAL.—For each fiscal 

10 quarter during the period beginning on 

11 January 1, 2020, and ending on September 

12 30, 2021: 

13 ‘‘(I) For every clause under sub14 paragraph (A) with respect to which 

15 Puerto Rico does not fully satisfy the 

16 requirements described in the clause 

17 (including requirements imposed under 

18 the terms of a plan described in the 

19 clause) in the fiscal quarter, the Fed20 eral medical assistance percentage ap21 plicable to Puerto Rico under section 

22 1905(ff) shall be reduced by the number 

23 of percentage points determined for the 

24 clause and fiscal quarter under sub25 clause (II). 
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•HR 1865 EAH 

1 ‘‘(II) The number of percentage 

2 points determined under this subclause 

3 with respect to a clause under subpara4 graph (A) and a fiscal quarter shall be 

5 the number of percentage points (not to 

6 exceed 2.5 percentage points) equal 

7 to— 

8 ‘‘(aa) 0.25 percentage points; 

9 multiplied by 

10 ‘‘(bb) the total number of 

11 consecutive fiscal quarters for 

12 which Puerto Rico has not fully 

13 satisfied the requirements de14 scribed in such clause. 

15 ‘‘(ii) EXCEPTION FOR EXTENUATING

16 CIRCUMSTANCES OR REASONABLE

17 PROGRESS.—For purposes of clause (i), 

18 Puerto Rico shall be deemed to have fully 

19 satisfied the requirements of a clause under 

20 subparagraph (A) (including requirements 

21 imposed under the terms of a plan described 

22 in the clause) for a fiscal quarter if— 

23 ‘‘(I) the Secretary approves an 

24 application from Puerto Rico describ25 ing extenuating circumstances that 
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•HR 1865 EAH 

1 prevented Puerto Rico from fully satis2 fying the requirements of the clause; or 

3 ‘‘(II) in the case of a requirement 

4 imposed under the terms of a plan de5 scribed in a clause under subpara6 graph (A), Puerto Rico has made objec7 tively reasonable progress towards sat8 isfying such terms and has submitted a 

9 timely request for an exception to the 

10 imposition of a penalty to the Sec11 retary. 

12 ‘‘(8) PROGRAM INTEGRITY LEAD REQUIREMENT

13 FOR THE VIRGIN ISLANDS, GUAM, THE NORTHERN

14 MARIANA ISLANDS, AND AMERICAN SAMOA.— 

15 ‘‘(A) PROGRAM INTEGRITY LEAD REQUIRE16 MENT.—Not later than October 1, 2020, the 

17 agency responsible for the administration of the 

18 Medicaid program under title XIX of each terri19 tory specified in subparagraph (C) shall des20 ignate an officer (other than the director of such 

21 agency) to serve as the Program Integrity Lead 

22 for such program. 

23 ‘‘(B) FMAP REDUCTION.—For each fiscal 

24 quarter during fiscal year 2021, if the territory 

25 fails to satisfy the requirement of subparagraph 
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1 (A) for the fiscal quarter, the Federal medical as2 sistance percentage applicable to the territory 

3 under section 1905(ff) for such fiscal quarter 

4 shall be reduced by the number of percentage 

5 points (not to exceed 5 percentage points) equal 

6 to— 

7 ‘‘(i) 0.25 percentage points; multiplied 

8 by 

9 ‘‘(ii) the total number of fiscal quarters 

10 during the fiscal year in which the territory 

11 failed to satisfy such requirement. 

12 ‘‘(C) SCOPE.—This paragraph shall apply 

13 to the Virgin Islands, Guam, the Northern Mar14 iana Islands, and American Samoa.’’. 

15 (b) TREATMENT OF FUNDING UNDER ENHANCED AL16 LOTMENT PROGRAM.—Section 1935(e) of the Social Secu17 rity Act (42 U.S.C. 1396u–5(e)) is amended— 

18 (1) in paragraph (1)(B), by striking ‘‘if the 

19 State’’ and inserting ‘‘subject to paragraph (4), if the 

20 State’’; 

21 (2) by redesignating paragraph (4) as para22 graph (5); and 

23 (3) by inserting after paragraph (3) the fol24 lowing new paragraph: 
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1 ‘‘(4) TREATMENT OF FUNDING FOR CERTAIN FIS2 CAL YEARS.—Notwithstanding paragraph (1)(B), in 

3 the case that Puerto Rico, the Virgin Islands, Guam, 

4 the Northern Mariana Islands, or American Samoa 

5 establishes and submits to the Secretary a plan de6 scribed in paragraph (2) with respect to any of fiscal 

7 years 2020 through 2021, the amount specified for 

8 such a year in paragraph (3) for Puerto Rico, the 

9 Virgin Islands, Guam, the Northern Mariana Islands, 

10 or American Samoa, as the case may be, shall be 

11 taken into account in applying, as applicable, sub12 paragraph (A)(ii), (B)(ii), (C)(ii), (D)(ii), or (E)(ii) 

13 of section 1108(g)(2) for such year.’’. 

14 (c) INCREASED FMAP.—Subsection (ff) of section 

15 1905 of the Social Security Act (42 U.S.C. 1396d) is 

16 amended to read as follows: 

17 ‘‘(ff) TEMPORARY INCREASE IN FMAP FOR TERRI18 TORIES FOR CERTAIN FISCAL YEARS.—Notwithstanding 

19 subsection (b) or (z)(2)— 

20 ‘‘(1) for the period beginning October 1, 2019, 

21 and ending December 20, 2019, the Federal medical 

22 assistance percentage for Puerto Rico, the Virgin Is23 lands, Guam, the Northern Mariana Islands, and 

24 American Samoa shall be equal to 100 percent; 
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•HR 1865 EAH 

1 ‘‘(2) subject to section 1108(g)(7)(C), for the pe2 riod beginning December 21, 2019, and ending Sep3 tember 30, 2021, the Federal medical assistance per4 centage for Puerto Rico shall be equal to 76 percent; 

5 and 

6 ‘‘(3) subject to section 1108(g)(8)(B), for the pe7 riod beginning December 21, 2019, and ending Sep8 tember 30, 2021, the Federal medical assistance per9 centage for the Virgin Islands, Guam, the Northern 

10 Mariana Islands, and American Samoa shall be equal 

11 to 83 percent.’’. 

12 (d) ANNUAL REPORT.—Section 1108(g) of the Social 

13 Security Act (42 U.S.C. 1308(g)), as amended by subsection 

14 (a), is further amended by adding at the end the following 

15 new paragraph: 

16 ‘‘(9) ANNUAL REPORT.— 

17 ‘‘(A) IN GENERAL.—Not later than the date 

18 that is 30 days after the end of each fiscal year 

19 (beginning with fiscal year 2020 and ending 

20 with fiscal year 2021), in the case that a speci21 fied territory receives a Medicaid cap increase, 

22 or an increase in the Federal medical assistance 

23 percentage for such territory under section 

24 1905(ff), for such fiscal year, such territory shall 

25 submit to the Chair and Ranking Member of the 
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1 Committee on Energy and Commerce of the 

2 House of Representatives and the Chair and 

3 Ranking Member of the Committee on Finance of 

4 the Senate a report, employing the most up-to5 date information available, that describes how 

6 such territory has used such Medicaid cap in7 crease, or such increase in the Federal medical 

8 assistance percentage, as applicable, to increase 

9 access to health care under the State Medicaid 

10 plan of such territory under title XIX (or a 

11 waiver of such plan). Such report may include— 

12 ‘‘(i) the extent to which such territory 

13 has, with respect to such plan (or waiver)— 

14 ‘‘(I) increased payments to health 

15 care providers; 

16 ‘‘(II) increased covered benefits; 

17 ‘‘(III) expanded health care pro18 vider networks; or 

19 ‘‘(IV) improved in any other 

20 manner the carrying out of such plan 

21 (or waiver); and 

22 ‘‘(ii) any other information as deter23 mined necessary by such territory. 

24 ‘‘(B) DEFINITIONS.—In this paragraph: 
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•HR 1865 EAH 

1 ‘‘(i) MEDICAID CAP INCREASE.—The 

2 term ‘Medicaid cap increase’ means, with 

3 respect to a specified territory and fiscal 

4 year, any increase in the amounts otherwise 

5 determined under this subsection for such 

6 territory for such fiscal year by reason of 

7 the amendments made by section 202 of di8 vision N of the Further Consolidated Appro9 priations Act, 2020. 

10 ‘‘(ii) SPECIFIED TERRITORY.—The 

11 term ‘specified territory’ means Puerto 

12 Rico, the Virgin Islands, Guam, the North13 ern Mariana Islands, and American 

14 Samoa.’’. 

15 (e) APPLICATION OF CERTAIN DATA REPORTING AND

16 PROGRAM INTEGRITY REQUIREMENTS TO NORTHERN MAR17 IANA ISLANDS, AMERICAN SAMOA, AND GUAM.— 

18 (1) IN GENERAL.—Section 1902 of the Social Se19 curity Act (42 U.S.C. 1396a) is amended by adding 

20 at the end the following new subsection: 

21 ‘‘(qq) APPLICATION OF CERTAIN DATA REPORTING

22 AND PROGRAM INTEGRITY REQUIREMENTS TO NORTHERN

23 MARIANA ISLANDS, AMERICAN SAMOA, AND GUAM.— 
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1 ‘‘(1) IN GENERAL.—Not later than October 1, 

2 2021, the Northern Mariana Islands, American 

3 Samoa, and Guam shall— 

4 ‘‘(A) demonstrate progress in implementing 

5 methods, satisfactory to the Secretary, for the 

6 collection and reporting of reliable data to the 

7 Transformed Medicaid Statistical Information 

8 System (T–MSIS) (or a successor system); and 

9 ‘‘(B) demonstrate progress in establishing a 

10 State medicaid fraud control unit described in 

11 section 1903(q). 

12 ‘‘(2) DETERMINATION OF PROGRESS.—For pur13 poses of paragraph (1), the Secretary shall deem that 

14 a territory described in such paragraph has dem15 onstrated satisfactory progress in implementing meth16 ods for the collection and reporting of reliable data or 

17 establishing a State medicaid fraud control unit if the 

18 territory has made a good faith effort to implement 

19 such methods or establish such a unit, given the cir20 cumstances of the territory.’’. 

21 (2) CONFORMING AMENDMENT.—Section 1902(j) 

22 of the Social Security Act (42 U.S.C. 1396a(j)) is 

23 amended— 

24 (A) by striking ‘‘or the requirement’’ and 

25 inserting ‘‘, the requirement’’; and 
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•HR 1865 EAH 

1 (B) by inserting before the period at the end 

2 the following: ‘‘, or the requirement under sub3 section (qq)(1) (relating to data reporting)’’. 

4 (3) REEVALUATION OF WAIVERS OF MEDICAID

5 FRAUD CONTROL UNIT REQUIREMENT.— 

6 (A) IN GENERAL.—Not later than the date 

7 that is 1 year after the date of enactment of this 

8 Act, the Secretary of Health and Human Serv9 ices shall reevaluate any waiver approved (and 

10 in effect as of the date of enactment of this Act) 

11 for Guam, the Northern Mariana Islands, or 

12 American Samoa under subsection (a)(61) or 

13 subsection (j) of section 1902 of the Social Secu14 rity Act (42 U.S.C.1396a) with respect to the re15 quirement to establish a State medicaid fraud 

16 control unit (as described in section 1903(q) of 

17 such Act (42 U.S.C. 1396b(q))). 

18 (B) RULE OF CONSTRUCTION.—Nothing in 

19 this paragraph shall be construed as requiring 

20 the Secretary of Health and Human Services to 

21 terminate or refuse to extend a waiver described 

22 in subparagraph (A). 

23 (f) ADDITIONAL PROGRAM INTEGRITY REQUIRE24 MENTS.— 

25 (1) DEFINITIONS.—In this subsection: 
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1 (A) INSPECTOR GENERAL.—The term ‘‘In2 spector General’’ means the Inspector General of 

3 the Department of Health and Human Services. 

4 (B) PUERTO RICO’S MEDICAID PROGRAM.— 

5 The term ‘‘Puerto Rico’s Medicaid program’’ 

6 means, collectively, Puerto Rico’s State plan 

7 under title XIX of the Social Security Act (42 

8 U.S.C. 1396 et seq.) and any waiver of such 

9 plan. 

10 (2) REPORT ON CONTRACTING OVERSIGHT AND

11 APPROVAL.—Not later than 1 year after the date of 

12 enactment of this Act, the Comptroller General of the 

13 United States shall issue, and submit to the Chair 

14 and Ranking Member of the Committee on Energy 

15 and Commerce of the House of Representatives and 

16 the Chair and Ranking Member of the Committee on 

17 Finance of the Senate, a report on contracting over18 sight and approval with respect to Puerto Rico’s 

19 State plan under title XIX of the Social Security Act 

20 (42 U.S.C. 1396 et seq.) (or a waiver of such plan). 

21 Such report shall— 

22 (A) examine— 

23 (i) the process used by Puerto Rico to 

24 evaluate bids and award contracts under 

25 such plan (or waiver); 
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•HR 1865 EAH 

1 (ii) which contracts are not subject to 

2 competitive bidding or requests for pro3 posals under such plan (or waiver); and 

4 (iii) oversight by the Centers for Medi5 care & Medicaid Services of contracts 

6 awarded under such plan (or waiver); and 

7 (B) include any recommendations for Con8 gress, the Secretary of Health and Human Serv9 ices, or Puerto Rico relating to changes that the 

10 Comptroller General determines necessary to im11 prove the program integrity of such plan (or 

12 waiver). 

13 (3) AUDITS OF MANAGED CARE PAYMENTS.—Not 

14 later than the date that is 1 year after the date of en15 actment of this Act, the Inspector General shall de16 velop and submit to Congress— 

17 (A) a report identifying payments made 

18 under Puerto Rico’s Medicaid program to man19 aged care organizations that the Inspector Gen20 eral determines to be at high risk for waste, 

21 fraud, or abuse; and 

22 (B) a plan for auditing and investigating 

23 such payments. 

24 (4) SYSTEM FOR TRACKING FEDERAL FUNDING

25 PROVIDED TO PUERTO RICO; MEDICAID AND CHIP
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1 SCORECARD REPORTING.—Section 1902 of the Social 

2 Security Act (42 U.S.C. 1396a), as amended by sub3 section (e), is further amended by adding at the end 

4 the following new subsection: 

5 ‘‘(rr) PROGRAM INTEGRITY REQUIREMENTS FOR

6 PUERTO RICO.— 

7 ‘‘(1) SYSTEM FOR TRACKING FEDERAL MEDICAID

8 FUNDING PROVIDED TO PUERTO RICO.— 

9 ‘‘(A) IN GENERAL.—Puerto Rico shall estab10 lish and maintain a system, which may include 

11 the use of a quarterly Form CMS–64, for track12 ing any amounts paid by the Federal Govern13 ment to Puerto Rico with respect to the State 

14 plan of Puerto Rico (or a waiver of such plan). 

15 Under such system, Puerto Rico shall ensure that 

16 information is available, with respect to each 

17 quarter in a fiscal year (beginning with the first 

18 quarter beginning on or after the date that is 1 

19 year after the date of the enactment of this sub20 section), on the following: 

21 ‘‘(i) In the case of a quarter other than 

22 the first quarter of such fiscal year— 

23 ‘‘(I) the total amount expended by 

24 Puerto Rico during any previous quar25 ter of such fiscal year under the State 
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•HR 1865 EAH 

1 plan of Puerto Rico (or a waiver of 

2 such plan); and 

3 ‘‘(II) a description of how such 

4 amount was so expended. 

5 ‘‘(ii) The total amount that Puerto 

6 Rico expects to expend during the quarter 

7 under the State plan of Puerto Rico (or a 

8 waiver of such plan), and a description of 

9 how Puerto Rico expects to expend such 

10 amount. 

11 ‘‘(B) REPORT TO CMS.—For each quarter 

12 with respect to which Puerto Rico is required 

13 under subparagraph (A) to ensure that informa14 tion described in such subparagraph is available, 

15 Puerto Rico shall submit to the Administrator of 

16 the Centers for Medicare & Medicaid Services a 

17 report on such information for such quarter, 

18 which may include the submission of a quarterly 

19 Form CMS–37. 

20 ‘‘(2) SUBMISSION OF DOCUMENTATION ON CON21 TRACTS UPON REQUEST.—Puerto Rico shall, upon re22 quest, submit to the Administrator of the Centers for 

23 Medicare & Medicaid Services all documentation re24 quested with respect to contracts awarded under the 

25 State plan of Puerto Rico (or a waiver of such plan). 
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•HR 1865 EAH 

1 ‘‘(3) REPORTING ON MEDICAID AND CHIP SCORE2 CARD MEASURES.—Beginning 12 months after the 

3 date of enactment of this subsection, Puerto Rico shall 

4 begin to report to the Administrator of the Centers for 

5 Medicare & Medicaid Services on selected measures 

6 included in the Medicaid and CHIP Scorecard devel7 oped by the Centers for Medicare & Medicaid Serv8 ices.’’. 

9 (5) APPROPRIATION.—Out of any funds in the 

10 Treasury not otherwise appropriated, there is appro11 priated to the Secretary of Health and Human Serv12 ices $5,000,000 for each of fiscal years 2020 through 

13 2021 to carry out this subsection. 

14 SEC. 203. DELAY OF DSH REDUCTIONS. 

15 Section 1923(f)(7)(A) of the Social Security Act (42 

16 U.S.C. 1396r–4(f)(7)(A)) is amended by striking ‘‘December 

17 21, 2019’’ each place it appears and inserting ‘‘May 23, 

18 2020’’. 

19 SEC. 204. EXTENSION OF SPOUSAL IMPOVERISHMENT PRO20 TECTIONS. 

21 (a) IN GENERAL.—Section 2404 of Public Law 111– 

22 148 (42 U.S.C. 1396r–5 note) is amended by striking ‘‘De23 cember 31, 2019’’ and inserting ‘‘May 22, 2020’’. 

24 (b) RULE OF CONSTRUCTION.—Nothing in section 

25 2404 of Public Law 111–148 (42 U.S.C. 1396r–5 note) or 
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•HR 1865 EAH 

1 section 1902(a)(17) or 1924 of the Social Security Act (42 

2 U.S.C. 1396a(a)(17), 1396r–5) shall be construed as prohib3 iting a State from— 

4 (1) applying an income or resource disregard 

5 under a methodology authorized under section 

6 1902(r)(2) of such Act (42 U.S.C. 1396a(r)(2))— 

7 (A) to the income or resources of an indi8 vidual described in section 

9 1902(a)(10)(A)(ii)(VI) of such Act (42 U.S.C. 

10 1396a(a)(10)(A)(ii)(VI)) (including a disregard 

11 of the income or resources of such individual’s 

12 spouse); or 

13 (B) on the basis of an individual’s need for 

14 home and community-based services authorized 

15 under subsection (c), (d), (i), or (k) of section 

16 1915 of such Act (42 U.S.C. 1396n) or under sec17 tion 1115 of such Act (42 U.S.C. 1315); or 

18 (2) disregarding an individual’s spousal income 

19 and assets under a plan amendment to provide med20 ical assistance for home and community-based serv21 ices for individuals by reason of being determined eli22 gible under section 1902(a)(10)(C) of such Act (42 

23 U.S.C. 1396a(a)(10)(C)) or by reason of section 

24 1902(f) of such Act (42 U.S.C. 1396a(f)) or otherwise 

25 on the basis of a reduction of income based on costs 
1408 

•HR 1865 EAH 

1 incurred for medical or other remedial care under 

2 which the State disregarded the income and assets of 

3 the individual’s spouse in determining the initial and 

4 ongoing financial eligibility of an individual for such 

5 services in place of the spousal impoverishment provi6 sions applied under section 1924 of such Act (42 

7 U.S.C. 1396r–5). 

8 SEC. 205. EXTENSION OF THE MONEY FOLLOWS THE PER9 SON REBALANCING DEMONSTRATION PRO10 GRAM. 

11 Section 6071(h) of the Deficit Reduction Act of 2005 

12 (42 U.S.C. 1396a note) is amended— 

13 (1) in paragraph (1)— 

14 (A) in subparagraph (E), by striking ‘‘and’’ 

15 after the semicolon; 

16 (B) in subparagraph (F), by striking the 

17 period at the end and inserting ‘‘; and’’; and 

18 (C) by adding at the end the following: 

19 ‘‘(G) subject to paragraph (3), $176,000,000 

20 for the period beginning on January 1, 2020, 

21 and ending on May 22, 2020.’’; and 

22 (2) in paragraph (3)— 

23 (A) in the paragraph header, by striking 

24 ‘‘FOR FY 2019’’; and 
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1 (B) by striking ‘‘paragraph (1)(F)’’ and in2 serting ‘‘subparagraphs (F) and (G) of para3 graph (1)’’. 

4 Subtitle C—Human Services and 

5 Other Health Programs 

6 SEC. 301. EXTENSION OF DEMONSTRATION PROJECTS TO 

7 ADDRESS HEALTH PROFESSIONS WORK8 FORCE NEEDS. 

9 Activities authorized by section 2008 of the Social Se10 curity Act shall continue through May 22, 2020, in the 

11 manner authorized for fiscal year 2019, and out of any 

12 money in the Treasury of the United States not otherwise 

13 appropriated, there are hereby appropriated such sums as 

14 may be necessary for such purpose. Grants and payments 

15 may be made pursuant to this authority through the date 

16 so specified at the pro rata portion of the total amount au17 thorized for such activities in fiscal year 2019. 

18 SEC. 302. EXTENSION OF THE TEMPORARY ASSISTANCE 

19 FOR NEEDY FAMILIES PROGRAM AND RE20 LATED PROGRAMS. 

21 Activities authorized by part A of title IV and section 

22 1108(b) of the Social Security Act shall continue through 

23 May 22, 2020, in the manner authorized for fiscal year 

24 2019, and out of any money in the Treasury of the United 
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1 States not otherwise appropriated, there are hereby appro2 priated such sums as may be necessary for such purpose. 

3 SEC. 303. EXTENSION OF SEXUAL RISK AVOIDANCE EDU4 CATION PROGRAM. 

5 Section 510 of the Social Security Act (42 U.S.C. 710) 

6 is amended— 

7 (1) in subsection (a)— 

8 (A) in paragraph (1), in the matter pre9 ceding subparagraph (A), by striking ‘‘December 

10 20, 2019’’ and inserting ‘‘May 22, 2020’’; 

11 (B) in paragraph (2)(A), by striking ‘‘De12 cember 20, 2019’’ and inserting ‘‘May 22, 2020’’; 

13 and 

14 (2) in subsection (f)(1), by striking ‘‘$16,643,836 

15 for the period beginning October 1, 2019, and ending 

16 December 20, 2019’’ and inserting ‘‘$48,287,671 for 

17 the period beginning October 1, 2019, and ending 

18 May 22, 2020’’. 

19 SEC. 304. EXTENSION OF PERSONAL RESPONSIBILITY EDU20 CATION PROGRAM. 

21 Section 513 of the Social Security Act (42 U.S.C. 713) 

22 is amended— 

23 (1) in subsection (a)(1)— 
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1 (A) in subparagraph (A), in the matter pre2 ceding clause (i), by striking ‘‘December 20, 

3 2019’’ and inserting ‘‘May 22, 2020’’; 

4 (B) in subparagraph (B)(i), by striking by 

5 striking ‘‘December 20, 2019’’ and inserting 

6 ‘‘May 22, 2020’’; and 

7 (2) in subsection (f), by striking ‘‘$16,643,836 

8 for the period beginning October 1, 2019, and ending 

9 December 20, 2019’’ and inserting ‘‘$48,287,671 for 

10 the period beginning October 1, 2019, and ending 

11 May 22, 2020’’. 

12 Subtitle D—Public Health 

13 Provisions 

14 SEC. 401. EXTENSION FOR COMMUNITY HEALTH CENTERS, 

15 THE NATIONAL HEALTH SERVICE CORPS, AND 

16 TEACHING HEALTH CENTERS THAT OPERATE 

17 GME PROGRAMS. 

18 (a) COMMUNITY HEALTH CENTERS.—Section 

19 10503(b)(1)(F) of the Patient Protection and Affordable 

20 Care Act (42 U.S.C. 254b–2(b)(1)(F)) is amended by— 

21 (1) striking ‘‘$887,671,223’’ and inserting 

22 ‘‘$2,575,342,466’’; and 

23 (2) striking ‘‘December 20, 2019’’ and inserting 

24 ‘‘May 22, 2020’’. 
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1 (b) NATIONAL HEALTH SERVICE CORPS.—Section 

2 10503(b)(2)(G) of the Patient Protection and Affordable 

3 Care Act (42 U.S.C. 254b–2(b)(2)(G)) is amended— 

4 (1) by striking ‘‘$68,794,521’’ and inserting 

5 ‘‘$199,589,041’’; and 

6 (2) by striking ‘‘December 20, 2019’’ and insert7 ing ‘‘May 22, 2020’’. 

8 (c) TEACHING HEALTH CENTERS THAT OPERATE

9 GRADUATE MEDICAL EDUCATION PROGRAMS.—Section 

10 340H(g)(1) of the Public Health Service Act (42 U.S.C. 

11 256h(g)(1)) is amended— 

12 (1) by striking ‘‘$28,072,603’’ and inserting 

13 ‘‘$81,445,205’’; and 

14 (2) by striking ‘‘December 20, 2019’’ and insert15 ing ‘‘May 22, 2020’’. 

16 (d) APPLICATION OF PROVISIONS.—Amounts appro17 priated pursuant to the amendments made by this section 

18 for the period beginning on October 1, 2019, and ending 

19 on May 22, 2020, shall be subject to the requirements con20 tained in Public Law 115–245 for funds for programs au21 thorized under sections 330 through 340 of the Public 

22 Health Service Act (42 U.S.C. 254 through 256). 

23 (e) CONFORMING AMENDMENT.—Paragraph (4) of sec24 tion 3014(h) of title 18, United States Code, as amended 

25 by section 1101(e) of division B of Public Law 116–69, is 
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1 amended by striking ‘‘section 1101(d) of division B of the 

2 Continuing Appropriations Act, 2020, and Health Extend3 ers Act of 2019, and section 1101(d) of the Further Con4 tinuing Appropriations Act, 2020, and Further Health Ex5 tenders Act of 2019’’ and inserting ‘‘, and section 401(d) 

6 of division N of the Further Consolidated Appropriations 

7 Act, 2020’’. 

8 SEC. 402. DIABETES PROGRAMS. 

9 (a) TYPE I.—Section 330B(b)(2)(D) of the Public 

10 Health Service Act (42 U.S.C. 254c–2(b)(2)(D)) is amend11 ed— 

12 (1) by striking ‘‘$33,287,671’’ and inserting 

13 ‘‘$96,575,342’’; and 

14 (2) by striking ‘‘December 20, 2019’’ and insert15 ing ‘‘May 22, 2020’’. 

16 (b) INDIANS.—Section 330C(c)(2)(D) of the Public 

17 Health Service Act (42 U.S.C. 254c–3(c)(2)(D)) is amend18 ed— 

19 (1) by striking ‘‘$33,287,671’’ and inserting 

20 ‘‘$96,575,342’’; and 

21 (2) by striking ‘‘December 20, 2019’’ and insert22 ing ‘‘May 22, 2020’’. 
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1 SEC. 403. POISON CENTER NETWORK ENHANCEMENT. 

2 (a) NATIONAL TOLL-FREE NUMBER.—Section 1271 of 

3 the Public Health Service Act (42 U.S.C. 300d–71) is 

4 amended— 

5 (1) in the section heading, by inserting before the 

6 period the following: ‘‘AND OTHER COMMUNICA7 TION CAPABILITIES’’; and 

8 (2) by striking subsection (a) and inserting the 

9 following: 

10 ‘‘(a) IN GENERAL.—The Secretary— 

11 ‘‘(1) shall provide coordination and assistance to 

12 poison control centers for the establishment and main13 tenance of a nationwide toll-free phone number, to be 

14 used to access such centers; and 

15 ‘‘(2) may provide coordination and assistance to 

16 poison control centers and consult with professional 

17 organizations for the establishment, implementation, 

18 and maintenance of other communication technologies 

19 to be used to access such centers.’’; 

20 (3) by redesignating subsection (b) as subsection 

21 (c); 

22 (4) by inserting after subsection (a) the fol23 lowing: 

24 ‘‘(b) ROUTING CONTACTS WITH POISON CONTROL

25 CENTERS.—Not later than 18 months after the date of en26 actment of this subsection, the Secretary shall coordinate 
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1 with the Chairman of the Federal Communications Com2 mission, to the extent technically and economically feasible, 

3 to ensure that communications with the national toll-free 

4 number are routed to the appropriate poison control center 

5 based on the physical location of the contact rather than 

6 the area code of the contact device.’’; and 

7 (5) in subsection (c), as so redesignated— 

8 (A) by striking ‘‘2015 through 2019’’ and 

9 inserting ‘‘2020 through 2024’’; and 

10 (B) by striking ‘‘maintenance of the nation11 wide toll free phone number under subsection 

12 (a)’’ and inserting ‘‘establishment, implementa13 tion, and maintenance activities carried out 

14 under subsections (a) and (b)’’. 

15 (b) NATIONWIDE MEDIA CAMPAIGN.—Section 1272 of 

16 the Public Health Service Act (42 U.S.C. 300d–72) is 

17 amended— 

18 (1) in the section heading, by striking ‘‘NA19 TIONWIDE MEDIA CAMPAIGN TO PROMOTE’’ and 

20 inserting ‘‘PROMOTING’’; 

21 (2) in subsection (a)— 

22 (A) by inserting ‘‘and support outreach to’’ 

23 after ‘‘educate’’; 
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1 (B) by striking ‘‘poison prevention’’ and in2 serting ‘‘poisoning and toxic exposure preven3 tion’’; and 

4 (C) by striking ‘‘established under’’ and in5 serting ‘‘and other available communication 

6 technologies established, implemented, or main7 tained under’’; 

8 (3) in subsection (b)— 

9 (A) in the matter preceding paragraph (1), 

10 by striking ‘‘nationwide poison prevention’’ and 

11 inserting ‘‘nationwide poisoning and toxic expo12 sure prevention’’; and 

13 (B) in paragraph (1), by striking ‘‘poison 

14 prevention and poison control center’’ and in15 serting ‘‘poisoning and toxic exposure prevention 

16 awareness materials, applicable public health 

17 emergency preparedness and response informa18 tion, and poison control center’’ after ‘‘distribu19 tion of’’; and 

20 (4) by striking subsection (c); 

21 (5) by redesignating subsection (d) as subsection 

22 (c); and 

23 (6) in subsection (c) (as so redesignated), by 

24 striking ‘‘2015 through 2019’’ and inserting ‘‘2020 

25 through 2024’’. 
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1 (c) MAINTENANCE OF PROGRAM.—Section 1273 of the 

2 Public Health Service Act (42 U.S.C. 300d–73) is amend3 ed— 

4 (1) in subsection (a), by inserting ‘‘and toxic ex5 posures’’ after ‘‘poisonings’’; and 

6 (2) in subsection (b)— 

7 (A) in paragraph (1)— 

8 (i) by striking ‘‘for poison’’ and insert9 ing ‘‘for poisoning and toxic exposure’’; and 

10 (ii) by striking ‘‘and preparedness’’ 

11 and inserting ‘‘preparedness and response’’; 

12 (B) in paragraph (3)— 

13 (i) by striking ‘‘United States and’’ 

14 and inserting ‘‘United States,’’; and 

15 (ii) by inserting before the semicolon 

16 the following: ‘‘, and other government 

17 agencies as determined to be appropriate 

18 and nonduplicative by the Secretary’’; and 

19 (C) in paragraph (8), by striking ‘‘calls’’ 

20 and inserting ‘‘contacts’’; 

21 (3) in subsection (d) , by striking paragraph (3) 

22 and inserting the following: 

23 ‘‘(3) LIMITATION.— 

24 ‘‘(A) IN GENERAL.—The sum of the number 

25 of years for a waiver under paragraph (1) and 
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1 a renewal under paragraph (2) may not exceed 

2 5 years. 

3 ‘‘(B) PUBLIC HEALTH EMERGENCY.—Not4 withstanding any previous waivers, in the case 

5 of a poison control center whose accreditation is 

6 affected by a public health emergency declared 

7 pursuant to section 319, the Secretary may, as 

8 the circumstances of the emergency reasonably 

9 require, provide a waiver under paragraph (1) 

10 or a renewal under paragraph (2), not to exceed 

11 2 years. The Secretary may require quarterly re12 ports and other information related to such a 

13 waiver or renewal under this paragraph.’’; 

14 (4) by striking subsection (f) and inserting the 

15 following: 

16 ‘‘(f) MAINTENANCE OF EFFORT.—With respect to ac17 tivities for which a grant is awarded under this section, 

18 the Secretary may require that poison control centers agree 

19 to maintain the expenditures of the center for such activities 

20 at a level that is not less than the level of expenditures 

21 maintained by the center for the fiscal year preceding the 

22 fiscal year for which the grant is received.’’; 

23 (5) In subsection (g), by striking ‘‘2015 through 

24 2019’’ and inserting ‘‘2020 through 2024’’; and 

25 (6) by adding at the end the following: 
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1 ‘‘(h) BIENNIAL REPORT TO CONGRESS.—Not later 

2 than 2 years after the date of enactment of this subsection, 

3 and every 2 years thereafter, the Secretary shall submit to 

4 the Committee on Health, Education, Labor, and Pensions 

5 of the Senate and Committee on Energy and Commerce of 

6 the House of Representatives a report concerning the oper7 ations of, and trends identified by, the Poison Control Net8 work. Such report shall include— 

9 ‘‘(1) descriptions of the activities carried out 

10 pursuant to sections 1271, 1272, and 1273, and the 

11 alignment of such activities with the purposes pro12 vided under subsection (a); 

13 ‘‘(2) a description of trends in volume of contacts 

14 to poison control centers; 

15 ‘‘(3) a description of trends in poisonings and 

16 toxic exposures reported to poison control centers, as 

17 applicable and appropriate; 

18 ‘‘(4) an assessment of the impact of the public 

19 awareness campaign, including any geographic vari20 ations; 

21 ‘‘(5) a description of barriers, if any, preventing 

22 poison control centers from achieving the purposes 

23 and programs under this section and sections 1271 

24 and 1272; 
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1 ‘‘(6) a description of the standards for accredita2 tion described in subsection (c), including any vari3 ations in those standards, and any efforts to create 

4 and maintain consistent standards across organiza5 tions that accredit poison control centers; and 

6 ‘‘(7) the number of and reason for any waivers 

7 provided under subsection (d).’’. 

8 SEC. 404. KAY HAGAN TICK ACT. 

9 (a) SHORT TITLE.—This section may be cited as the 

10 ‘‘Kay Hagan Tick Act’’. 

11 (b) COMBATING VECTOR-BORNE DISEASES.—Title III 

12 of the Public Health Service Act is amended by inserting 

13 after section 317T (42 U.S.C. 247b–22) the following: 

14 ‘‘SEC. 317U. NATIONAL STRATEGY AND REGIONAL CENTERS 

15 OF EXCELLENCE IN VECTOR-BORNE DIS16 EASES. 

17 ‘‘(a) IN GENERAL.—The Secretary shall— 

18 ‘‘(1)(A) ensure the development and implementa19 tion of a national strategy to address vector-borne 

20 diseases, including tick-borne diseases, that— 

21 ‘‘(i) identifies and assesses gaps and any 

22 unnecessary duplication in federally-funded pro23 grams; and 

24 ‘‘(ii) identifies strategic goals to address 

25 such diseases and appropriate benchmarks to 
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1 measure progress toward achieving such goals; 

2 and 

3 ‘‘(B) update such strategy, as appropriate; and 

4 ‘‘(2) coordinate programs and activities, includ5 ing related to data collection, research, and the devel6 opment of diagnostics, treatments, vaccines, and other 

7 related activities, to address vector-borne diseases, in8 cluding tick-borne diseases, across the Department of 

9 Health and Human Services and with other Federal 

10 agencies or departments, as appropriate. 

11 ‘‘(b) CONSULTATION.—In carrying out subsection 

12 (a)(1), the Secretary shall consult with the Tick-Borne Dis13 ease Working Group established under section 2062 of the 

14 21st Century Cures Act (42 U.S.C. 284s) and other individ15 uals, as appropriate, such as— 

16 ‘‘(1) epidemiologists with experience in vector17 borne diseases; 

18 ‘‘(2) representatives of patient advocacy and re19 search organizations that focus on vector-borne dis20 eases, including such organizations that have dem21 onstrated experience in related research, public health, 

22 data collection, or patient access to care; 

23 ‘‘(3) health information technology experts or 

24 other information management specialists; 
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1 ‘‘(4) clinicians, entomologists, vector manage2 ment professionals, public health professionals, and 

3 others with expertise in vector-borne diseases; and 

4 ‘‘(5) researchers, including researchers with expe5 rience conducting translational research. 

6 ‘‘(c) CENTERS OF EXCELLENCE.—The Secretary, in 

7 coordination with the Director of the Centers for Disease 

8 Control and Prevention, shall award grants, contracts, or 

9 cooperative agreements to institutions of higher education 

10 for the establishment or continued support of regional cen11 ters of excellence in vector-borne diseases to address vector12 borne diseases, including tick-borne diseases, by— 

13 ‘‘(1) facilitating collaboration between academia 

14 and public health organizations for public health sur15 veillance, prevention, and response activities related 

16 to vector-borne diseases, including tick-borne diseases; 

17 ‘‘(2) providing training for public health ento18 mologists and other health care professionals, as ap19 propriate, to address vector-borne diseases, including 

20 tick-borne diseases; 

21 ‘‘(3) conducting research to develop and validate 

22 prevention and control tools and methods, including 

23 evidence-based and innovative, evidence-informed 

24 tools and methods to anticipate and respond to dis25 ease outbreaks; or 
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1 ‘‘(4) preparing for and responding to outbreaks 

2 of vector-borne diseases, including tick-borne diseases. 

3 ‘‘(d) ELIGIBILITY.—To be eligible to receive a grant, 

4 contract, or cooperative agreement under subsection (c), an 

5 entity shall submit to the Secretary an application at such 

6 time, in such manner, and containing such information as 

7 the Secretary may require, including a description of how 

8 the entity will conduct the activities described in such sub9 section. 

10 ‘‘(e) REPORTS.— 

11 ‘‘(1) PROGRAM SUMMARY.—An entity receiving 

12 an award under subsection (c) shall, not later than 

13 one year after receiving such award, and annually 

14 thereafter, submit to the Secretary a summary of pro15 grams and activities funded under the award. 

16 ‘‘(2) PROGRESS REPORT.—Not later than 4 years 

17 after the date of enactment of this section, the Sec18 retary shall submit to the Committee on Health, Edu19 cation, Labor, and Pensions of the Senate and the 

20 Committee on Energy and Commerce of the House of 

21 Representatives, a report on the progress made in ad22 dressing vector-borne diseases, including tick-borne 

23 diseases, through activities carried out under this sec24 tion. 
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1 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—For the 

2 purpose of carrying out this section, there are authorized 

3 to be appropriated $10,000,000 for each of fiscal years 2021 

4 through 2025.’’. 

5 (c) ENHANCING CAPACITY TO ADDRESS VECTOR6 BORNE DISEASES.—Subtitle C of title XXVIII of the Public 

7 Health Service Act (42 U.S.C. 300hh-31 et seq.) is amended 

8 by adding at the end the following: 

9 ‘‘SEC. 2822. ENHANCED SUPPORT TO ASSIST HEALTH DE10 PARTMENTS IN ADDRESSING VECTOR-BORNE 

11 DISEASES. 

12 ‘‘(a) IN GENERAL.—The Secretary, acting through the 

13 Director of the Centers for Disease Control and Prevention, 

14 may enter into cooperative agreements with health depart15 ments of States, political subdivisions of States, and Indian 

16 Tribes and Tribal organizations in areas at high risk of 

17 vector-borne diseases in order to increase capacity to iden18 tify, report, prevent, and respond to such diseases and re19 lated outbreaks. 

20 ‘‘(b) ELIGIBILITY.—To be eligible to enter into a coop21 erative agreement under this section, an entity described in 

22 subsection (a) shall prepare and submit to the Secretary 

23 an application at such time, in such manner, and con24 taining such information as the Secretary may require, in25 cluding a plan that describes— 
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1 ‘‘(1) how the applicant proposes to develop or ex2 pand programs to address vector-borne disease risks, 

3 including through— 

4 ‘‘(A) related training and workforce devel5 opment; 

6 ‘‘(B) programmatic efforts to improve ca7 pacity to identify, report, prevent, and respond 

8 to such disease and related outbreaks; and 

9 ‘‘(C) other relevant activities identified by 

10 the Director of the Centers for Disease Control 

11 and Prevention, as appropriate; 

12 ‘‘(2) the manner in which the applicant will co13 ordinate with other Federal, Tribal, and State agen14 cies and programs, as applicable, related to vector15 borne diseases, as well as other relevant public and 

16 private organizations or agencies; and 

17 ‘‘(3) the manner in which the applicant will 

18 evaluate the effectiveness of any program carried out 

19 under the cooperative agreement. 

20 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—For the 

21 purposes of carrying out this section, there are authorized 

22 to be appropriated $20,000,000 for each of fiscal years 2021 

23 through 2025.’’. 
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1 Subtitle E—Revenue Provisions 

2 SEC. 501. REPEAL OF MEDICAL DEVICE EXCISE TAX. 

3 (a) IN GENERAL.—Chapter 32 of the Internal Revenue 

4 Code of 1986 is amended by striking subchapter E. 

5 (b) CONFORMING AMENDMENTS.— 

6 (1) Subsection (a) of section 4221 of the Internal 

7 Revenue Code of 1986 is amended by striking the last 

8 sentence. 

9 (2) Paragraph (2) of section 6416(b) of such 

10 Code is amended by striking the last sentence. 

11 (c) CLERICAL AMENDMENT.—The table of subchapters 

12 for chapter 32 of the Internal Revenue Code of 1986 is 

13 amended by striking the item relating to subchapter E. 

14 (d) EFFECTIVE DATE.—The amendments made by this 

15 section shall apply to sales after December 31, 2019. 

16 SEC. 502. REPEAL OF ANNUAL FEE ON HEALTH INSURANCE 

17 PROVIDERS. 

18 (a) IN GENERAL.—Subtitle A of title IX of the Patient 

19 Protection and Affordable Care Act is amended by striking 

20 section 9010. 

21 (b) EFFECTIVE DATE.—The amendment made by this 

22 section shall apply to calendar years beginning after De23 cember 31, 2020. 
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1 SEC. 503. REPEAL OF EXCISE TAX ON HIGH COST EM2 PLOYER-SPONSORED HEALTH COVERAGE. 

3 (a) IN GENERAL.—Chapter 43 of the Internal Revenue 

4 Code of 1986 is amended by striking section 4980I. 

5 (b) CONFORMING AMENDMENTS.— 

6 (1) Section 6051 of such Code is amended— 

7 (A) by striking ‘‘section 4980I(d)(1)’’ in 

8 subsection (a)(14) and inserting ‘‘subsection (g)’’, 

9 and 

10 (B) by adding at the end the following new 

11 subsection: 

12 ‘‘(g) APPLICABLE EMPLOYER-SPONSORED COV13 ERAGE.—For purposes of subsection (a)(14)— 

14 ‘‘(1) IN GENERAL.—The term ‘applicable em15 ployer-sponsored coverage’ means, with respect to any 

16 employee, coverage under any group health plan made 

17 available to the employee by an employer which is ex18 cludable from the employee’s gross income under sec19 tion 106, or would be so excludable if it were em20 ployer-provided coverage (within the meaning of such 

21 section 106). 

22 ‘‘(2) EXCEPTIONS.—The term ‘applicable em23 ployer-sponsored coverage’ shall not include— 

24 ‘‘(A) any coverage (whether through insur25 ance or otherwise) described in section 9832(c)(1) 
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1 (other than subparagraph (G) thereof) or for 

2 long-term care, 

3 ‘‘(B) any coverage under a separate policy, 

4 certificate, or contract of insurance which pro5 vides benefits substantially all of which are for 

6 treatment of the mouth (including any organ or 

7 structure within the mouth) or for treatment of 

8 the eye, or 

9 ‘‘(C) any coverage described in section 

10 9832(c)(3) the payment for which is not exclud11 able from gross income and for which a deduc12 tion under section 162(l) is not allowable. 

13 ‘‘(3) COVERAGE INCLUDES EMPLOYEE PAID POR14 TION.—Coverage shall be treated as applicable em15 ployer-sponsored coverage without regard to whether 

16 the employer or employee pays for the coverage. 

17 ‘‘(4) GOVERNMENTAL PLANS INCLUDED.—Appli18 cable employer-sponsored coverage shall include cov19 erage under any group health plan established and 

20 maintained primarily for its civilian employees by 

21 the Government of the United States, by the govern22 ment of any State or political subdivision thereof, or 

23 by any agency or instrumentality of any such govern24 ment.’’. 
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1 (2) Section 9831(d)(1) of such Code is amended 

2 by striking ‘‘except as provided in section 

3 4980I(f)(4)’’. 

4 (3) The table of sections for chapter 43 of such 

5 Code is amended by striking the item relating to sec6 tion 4980I. 

7 (c) EFFECTIVE DATE.—The amendments made by this 

8 section shall apply to taxable years beginning after Decem9 ber 31, 2019. 

10 Subtitle F—Miscellaneous 

11 Provisions 

12 SEC. 601. ALASKA NATIVE REGIONAL HEALTH ENTITIES. 

13 Section 424(a) of the Consolidated Appropriations Act, 

14 2014 (Public Law 113–76), as amended by section 428 of 

15 the Consolidated Appropriations Act, 2018 (Public Law 

16 115–141), shall be applied by substituting ‘‘May 22, 2020’’ 

17 for ‘‘October 1, 2019’’. 

18 SEC. 602. ADDRESSING EXPIRATION OF CHILD WELFARE 

19 DEMONSTRATION PROJECTS AND SUP20 PORTING FAMILY FIRST IMPLEMENTATION. 

21 (a) SHORT TITLE.—This section may be cited as the 

22 ‘‘Family First Transition Act’’. 

23 (b) EVIDENCE STANDARD TRANSITION.— 

24 (1) TEMPORARY SUSPENSION OF REQUIREMENT

25 THAT AT LEAST 50 PERCENT OF A STATE’S REIM-
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1 BURSEMENT FOR PREVENTION AND FAMILY SERVICES

2 AND PROGRAMS BE FOR PROGRAMS AND SERVICES

3 THAT MEET THE WELL-SUPPORTED PRACTICE RE4 QUIREMENT.—With respect to quarters in fiscal years 

5 2020 and 2021, section 474(a)(6)(A) of the Social Se6 curity Act (42 U.S.C. 674(a)(6)(A)) shall be applied 

7 without regard to clause (ii) of such section. 

8 (2) SUPPORTED PRACTICES TEMPORARILY

9 TREATED AS WELL-SUPPORTED PRACTICES.—With re10 spect to quarters in fiscal years 2022 and 2023, prac11 tices that meet the criteria specified for supported 

12 practices in section 471(e)(4)(C) of the Social Secu13 rity Act (42 U.S.C. 671(e)(4)(C)) shall be considered 

14 well-supported practices for purposes of section 

15 474(a)(6)(A)(ii) of such Act (42 U.S.C. 

16 674(a)(6)(A)(ii)). 

17 (c) ENHANCED FUNDING FOR TRANSITION ACTIVI18 TIES.— 

19 (1) TRANSITION FUNDING.— 

20 (A) APPROPRIATION.—Out of any money in 

21 the Treasury of the United States not otherwise 

22 appropriated, there are appropriated to the Sec23 retary of Health and Human Services (in this 

24 section referred to as the ‘‘Secretary’’) to carry 

25 out this subsection $500,000,000 for fiscal year 
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1 2020, which shall remain available through fiscal 

2 year 2021. 

3 (B) DISTRIBUTION OF FUNDS.— 

4 (i) IN GENERAL.—The Secretary shall 

5 allot the amount appropriated by subpara6 graph (A) of this paragraph in accordance 

7 with section 423 of the Social Security Act 

8 (42 U.S.C. 623), and shall pay each State 

9 to which an allotment is so made, the total 

10 amount so allotted, subject to clause (ii) of 

11 this subparagraph. 

12 (ii) RESERVATION OF FUNDS FOR IN13 DIAN TRIBES AND TRIBAL ORGANIZA14 TIONS.—Before applying clause (i) of this 

15 subparagraph, the Secretary shall reserve 3 

16 percent of the amount appropriated by sub17 paragraph (A) of this paragraph for allot18 ment to the Indian tribes and tribal organi19 zations with a plan approved under subpart 

20 1 of part B of title IV of the Social Security 

21 Act, based on each tribe or tribal organiza22 tion’s share of the total tribal child popu23 lation among all such tribes and tribal or24 ganizations. 
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1 (2) FUNDING CERTAINTY FOR STATES WITH EX2 PIRING DEMONSTRATION PROJECTS.— 

3 (A) IN GENERAL.—Out of any money in the 

4 Treasury of the United States not otherwise ap5 propriated, there are appropriated to the Sec6 retary, for payment to each State that was oper7 ating a demonstration project approved under 

8 section 1130 of the Social Security Act on Sep9 tember 30, 2019, for each fiscal year specified in 

10 subparagraph (B) of this paragraph, an amount 

11 equal to the amount (if any) by which— 

12 (i)(I) the applicable percentage for the 

13 fiscal year so specified of the maximum 

14 capped allocation due to the State or sub15 State jurisdiction for fiscal year 2019 for 

16 foster care maintenance, administration, or 

17 training costs, under the demonstration 

18 project, as specified in section 4.3 of the 

19 State waiver terms and conditions docu20 ment capped allocation payment table in ef21 fect on August 31, 2019; or 

22 (II) if the terms and conditions do not 

23 specify a maximum amount payable for fis24 cal year 2019 for the State or sub-State ju25 risdiction (due to the use of a comparison 
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1 jurisdiction to ensure cost neutrality), the 

2 final cost neutrality limit for the State or 

3 sub-State jurisdiction for fiscal year 2018, 

4 as most recently reported by the State or 

5 sub-State jurisdiction as of September 30, 

6 2019, for foster care maintenance, adminis7 tration, or training costs under the dem8 onstration project that were included in the 

9 waiver; exceeds 

10 (ii) the total amount payable to the 

11 State or sub-State jurisdiction under part 

12 E of title IV of such Act for the fiscal year 

13 so specified for foster care expenditures 

14 (whether payable under paragraph (1) or 

15 (3) of section 474(a) of such Act) that were 

16 maintenance, administration, or training 

17 costs of the demonstration project taken into 

18 account by the Secretary in determining the 

19 total amount referred to in clause (i) of this 

20 subparagraph. 

21 (B) APPLICABLE PERCENTAGE DEFINED.— 

22 In this subparagraph, the term ‘‘applicable per23 centage’’ means— 

24 (i) 90 percent, in the case of fiscal year 

25 2020; or 
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1 (ii) 75 percent, in the case of fiscal 

2 year 2021. 

3 (C) SPECIAL RULE.—The calculation under 

4 subparagraph (A) with respect to a State shall 

5 be made without regard to— 

6 (i) any change approved after August 

7 31, 2019, in the capped allocation or the 

8 terms and conditions referred to in clause 

9 (i) of subparagraph (A) with respect to the 

10 State; or 

11 (ii) any change made after such date 

12 to the financial form submitted by the State 

13 that is used in determining the capped allo14 cation. 

15 (D) DISTRIBUTION OF FUNDS.—Each State 

16 that receives funds under this paragraph shall 

17 distribute the funds to jurisdictions in the State 

18 that were operating demonstration projects under 

19 section 1130 of the Social Security Act in a 

20 manner consistent with each sub-State jurisdic21 tion’s proportionate loss as compared with fiscal 

22 year 2019. 

23 (E) RECONCILIATION PROCESS.—Each 

24 State seeking a payment under this paragraph 

25 shall report expenditures pursuant to part E of 
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1 title IV of the Social Security Act (42 U.S.C. 

2 670 et seq.) in a manner determined by the Sec3 retary and the Secretary shall account for any 

4 revisions to spending for fiscal years 2020 and 

5 2021 after the end of the respective fiscal year 

6 that are reported by the State agency admin7 istering the State plan approved under such 

8 part, and received by the Department of Health 

9 and Human Services, within 2 years after the 

10 last day of the fiscal quarter in which the ex11 penditure was made. 

12 (F) AVAILABILITY OF FUNDS.—The amounts 

13 made available for payments to States under this 

14 paragraph for a fiscal year shall remain avail15 able through the end of the third succeeding fiscal 

16 year. 

17 (3) USE OF FUNDS.— 

18 (A) IN GENERAL.—In addition to the pur19 poses specified in part B of title IV of the Social 

20 Security Act (42 U.S.C. 671 et seq.), a State 

21 may use funds provided under this subsection for 

22 activities previously funded under a demonstra23 tion project under section 1130 of such Act (42 

24 U.S.C. 1320a–9) to reduce any adverse fiscal im25 pacts as jurisdictions transition funding sources 
1436 

•HR 1865 EAH 

1 for the projects, and for activities directly associ2 ated with the implementation of title VII of divi3 sion E of Public Law 115–123 (also known as 

4 the Family First Prevention Services Act). 

5 (B) LIMITATION.—None of the funds pro6 vided under this subsection may be used to 

7 match Federal funds under any program. 

8 (d) REPORTING ON ENHANCED FUNDING FOR TRANSI9 TION ACTIVITIES.— 

10 (1) IN GENERAL.—Each State to which funds 

11 are paid under subsection (c) of this section shall sub12 mit to the Secretary, in a manner specified by the 

13 Secretary, a written report on— 

14 (A) how the grant is used to implement 

15 each part of title VII of division E of Public 

16 Law 115–123 (also known as the Family First 

17 Prevention Services Act), with a separate state18 ment with respect to each such part; 

19 (B) all programs, services, and operational 

20 costs to which the grant is put; 

21 (C) the characteristics of the families and 

22 children served by use of the grant; and 

23 (D)(i) the use by the State of amounts pro24 vided for each fiscal year to continue activities 

25 previously funded under a waiver provided 
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•HR 1865 EAH 

1 under section 1130 of the Social Security Act (42 

2 U.S.C. 1320a–9); and 

3 (ii)(I) the plan of the State to transition the 

4 activities so that needed activities can be pro5 vided under the State plan approved under part 

6 E of title IV of the Social Security Act (42 

7 U.S.C. 670 et seq.); or 

8 (II) if expenditures for the activities would 

9 not be eligible for payment under the State plan 

10 approved under such part E— 

11 (aa) the reason therefor; and 

12 (bb) the funding sources the State 

13 plans to use to cover the costs of needed ac14 tivities. 

15 (2) APPLICABILITY OF OTHER LAWS.—For pur16 poses of subpart 2 of part B of title IV of the Social 

17 Security Act (42 U.S.C. 629 et seq.), each report re18 quired by paragraph (1) of this subsection shall be 

19 considered to be required by section 432(a)(8) of such 

20 Act (42 U.S.C. 629b(a)(8)), and shall contain such 

21 additional information as the Secretary may require. 

22 (e) DEFINITION OF STATE.—In this section, the term 

23 ‘‘State’’ has the meaning given the term in section 431(a)(4) 

24 of the Social Security Act (42 U.S.C. 629a(a)(4)). 
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1 (f) RENAMING OF TITLE IV–B–2 OF THE SOCIAL SE2 CURITY ACT.—The subpart heading for subpart 2 of part 

3 B of title IV of the Social Security Act is amended by strik4 ing ‘‘Promoting Safe and Stable Families’’ and 

5 inserting ‘‘MaryLee Allen Promoting Safe and 

6 Stable Families Program’’. 

7 (g) EFFECTIVE DATE.—This section and the amend8 ments made by this section shall take effect as if included 

9 in the Bipartisan Budget Act of 2018 on the date of the 

10 enactment of such Act. 

11 (h) TECHNICAL CORRECTION.—Section 50701 of the 

12 Bipartisan Budget Act of 2018 (42 U.S.C. 1305 note; Public 

13 Law 115–123) is amended by striking ‘‘Bipartisan Budget 

14 Act of 2018’’ and inserting ‘‘Family First Prevention Serv15 ices Act’’. 

16 SEC. 603. MINIMUM AGE OF SALE OF TOBACCO PRODUCTS. 

17 (a) IN GENERAL.—Section 906(d) of the Federal Food, 

18 Drug, and Cosmetic Act (21 U.S.C. 387f(d)) is amended— 

19 (1) in paragraph (3)(A)(ii), by striking ‘‘18 

20 years’’ and inserting ‘‘21 years’’; and 

21 (2) by adding at the end the following: 

22 ‘‘(5) MINIMUM AGE OF SALE.—It shall be unlaw23 ful for any retailer to sell a tobacco product to any 

24 person younger than 21 years of age.’’. 

25 (b) REGULATIONS.— 
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1 (1) IN GENERAL.—Not later than 180 days after 

2 the date of enactment of this Act, the Secretary of 

3 Health and Human Services (referred to in this sec4 tion as the ‘‘Secretary’’) shall publish in the Federal 

5 Register a final rule to update the regulations issued 

6 under chapter IX of the Federal Food, Drug, and Cos7 metic Act (21 U.S.C. 387 et seq.) as appropriate, only 

8 to carry out the amendments made by subsection (a), 

9 including to update all references to persons younger 

10 than 18 years of age in subpart B of part 1140 of 

11 title 21, Code of Federal Regulations, and to update 

12 the relevant age verification requirements under such 

13 part 1140 to require age verification for individuals 

14 under the age of 30. Such final rule shall— 

15 (A) take full effect not later than 90 days 

16 after the date on which such final rule is pub17 lished; and 

18 (B) be deemed to be in compliance with all 

19 applicable provisions of chapter 5 of title 5, 

20 United States Code and all other provisions of 

21 law relating to rulemaking procedures. 

22 (2) OTHER REGULATIONS.—Prior to making 

23 amendments to part 1140 of title 21, Code of Federal 

24 Regulations other than the amendments described in 

25 paragraph (1), the Secretary shall promulgate a pro-
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•HR 1865 EAH 

1 posed rule in accordance with chapter 5 of title 5, 

2 United States Code. 

3 (c) NOTIFICATION.—Not later than 90 days after the 

4 date of enactment of this Act, the Secretary shall provide 

5 written notification to the Committee on Health, Edu6 cation, Labor, and Pensions of the Senate and the Com7 mittee on Energy and Commerce of the House of Represent8 atives regarding the progress of the Department of Health 

9 and Human Services towards promulgating the final rule 

10 under subsection (b). If, 180 days after the date of enact11 ment of this Act, such rule has not been promulgated in 

12 accordance with subsection (b), the Secretary shall provide 

13 a written notification and a justification for the delay in 

14 rulemaking to such committees. 

15 (d) PENALTIES FOR VIOLATIONS.— 

16 (1) IN GENERAL.—Section 103(q)(2) of the Fam17 ily Smoking Prevention and Tobacco Control Act 

18 (Public Law 111–31) is amended— 

19 (A) in subparagraph (A), in the matter pre20 ceding clause (i), by inserting ‘‘section 906(d)(5) 

21 or of’’ after ‘‘violations of’’; and 

22 (B) in subparagraph (C), by inserting ‘‘sec23 tion 906(d)(5) or of’’ after ‘‘a retailer of’’. 

24 (2) REPEATED VIOLATIONS.—Section 303(f)(8) 

25 of the Federal Food, Drug, and Cosmetic Act (21 
1441 

•HR 1865 EAH 

1 U.S.C. 333(f)(8)) is amended by inserting ‘‘section 

2 906(d)(5) or of’’ after ‘‘repeated violations of’’. 

3 (3) MISBRANDED PRODUCTS.—Section 

4 903(a)(7)(B) of the Federal Food, Drug, and Cosmetic 

5 Act (21 U.S.C. 387c) is amended by inserting ‘‘sec6 tion 906(d)(5) or of’’ after ‘‘violation of’’. 

7 SEC. 604. SALE OF TOBACCO PRODUCTS TO INDIVIDUALS 

8 UNDER THE AGE OF 21. 

9 (a) IN GENERAL.—Section 1926 of the Public Health 

10 Service Act (42 U.S.C. 300x–26) is amended— 

11 (1) in the heading— 

12 (A) by striking ‘‘STATE LAW REGARD13 ING’’; and 

14 (B) by striking ‘‘18’’ and inserting ‘‘21’’; 

15 (2) by striking subsections (a) and (d); 

16 (3) by redesignating subsections (b) and (c) as 

17 subsections (a) and (b), respectively; 

18 (4) by amending subsection (a), as so redesig19 nated, to read as follows: 

20 ‘‘(a) IN GENERAL.—A funding agreement for a grant 

21 under section 1921 is that the State involved will— 

22 ‘‘(1) annually conduct random, unannounced in23 spections to ensure that retailers do not sell tobacco 

24 products to individuals under the age of 21; and 
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•HR 1865 EAH 

1 ‘‘(2) annually submit to the Secretary a report 

2 describing— 

3 ‘‘(A) the activities carried out by the State 

4 to ensure that retailers do not sell tobacco prod5 ucts to individuals under the age of 21; 

6 ‘‘(B) the extent of success the State has 

7 achieved in ensuring that retailers do not sell to8 bacco products to individuals under the age of 

9 21; and 

10 ‘‘(C) the strategies to be utilized by the 

11 State to ensure that retailers do not sell tobacco 

12 products to individuals under the age of 21 dur13 ing the fiscal year for which the grant is 

14 sought.’’; 

15 (5) in subsection (b), as so redesignated— 

16 (A) by striking paragraphs (1), (2), (3), 

17 and (4); 

18 (B) by striking ‘‘Before making’’ and in19 serting the following: 

20 ‘‘(1) IN GENERAL.—Before making’’; 

21 (C) by striking ‘‘for the first applicable fis22 cal year or any subsequent fiscal year’’; 

23 (D) by striking ‘‘subsections (a) and (b)’’ 

24 and inserting ‘‘subsection (a)’’; 
1443 

•HR 1865 EAH 

1 (E) by striking ‘‘equal to—’’ and inserting 

2 ‘‘up to 10 percent of the amount determined 

3 under section 1933 for the State for the applica4 ble fiscal year.’’; and 

5 (F) by adding at the end the following: 

6 ‘‘(2) LIMITATION.— 

7 ‘‘(A) IN GENERAL.—A State shall not have 

8 funds withheld pursuant to paragraph (1) if 

9 such State for which the Secretary has made a 

10 determination of noncompliance under such 

11 paragraph— 

12 ‘‘(i) certifies to the Secretary by May 

13 1 of the fiscal year for which the funds are 

14 appropriated, consistent with subparagraph 

15 (B), that the State will commit additional 

16 State funds, in accordance with paragraph 

17 (1), to ensure that retailers do not sell to18 bacco products to individuals under 21 

19 years of age; 

20 ‘‘(ii) agrees to comply with a nego21 tiated agreement for a corrective action 

22 plan that is approved by the Secretary and 

23 carried out in accordance with guidelines 

24 issued by the Secretary; or 
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•HR 1865 EAH 

1 ‘‘(iii) is a territory that receives less 

2 than $1,000,000 for a fiscal year under sec3 tion 1921. 

4 ‘‘(B) CERTIFICATION.— 

5 ‘‘(i) IN GENERAL.—The amount of 

6 funds to be committed by a State pursuant 

7 to subparagraph (A)(i) shall be equal to 1 

8 percent of such State’s substance abuse allo9 cation determined under section 1933 for 

10 each percentage point by which the State 

11 misses the retailer compliance rate goal es12 tablished by the Secretary. 

13 ‘‘(ii) STATE EXPENDITURES.—For a 

14 fiscal year in which a State commits funds 

15 as described in clause (i), such State shall 

16 maintain State expenditures for tobacco 

17 prevention programs and for compliance ac18 tivities at a level that is not less than the 

19 level of such expenditures maintained by the 

20 State for the preceding fiscal year, plus the 

21 additional funds for tobacco compliance ac22 tivities required under clause (i). The State 

23 shall submit a report to the Secretary on all 

24 State obligations of funds for such fiscal 

25 year and all State expenditures for the pre-
1445 

•HR 1865 EAH 

1 ceding fiscal year for tobacco prevention 

2 and compliance activities by program activ3 ity by July 31 of such fiscal year. 

4 ‘‘(iii) DISCRETION.—The Secretary 

5 shall exercise discretion in enforcing the 

6 timing of the State obligation of the addi7 tional funds required by the certification 

8 described in subparagraph (A)(i) as late as 

9 July 31 of such fiscal year. 

10 ‘‘(C) FAILURE TO CERTIFY.—If a State de11 scribed in subparagraph (A) fails to certify to 

12 the Secretary pursuant to subparagraph (A)(i) 

13 or enter into, or comply with, a negotiated agree14 ment under subparagraph (A)(ii), the Secretary 

15 may take action pursuant to paragraph (1).’’; 

16 and 

17 (6) by adding at the end the following: 

18 ‘‘(c) IMPLEMENTATION OF REPORTING REQUIRE19 MENTS.— 

20 ‘‘(1) TRANSITION PERIOD.—The Secretary 

21 shall— 

22 ‘‘(A) not withhold amounts under subsection 

23 (b) for the 3-year period immediately following 

24 the date of enactment of division N of the Fur25 ther Consolidated Appropriations Act, 2020; and 
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•HR 1865 EAH 

1 ‘‘(B) use discretion in exercising its author2 ity under subsection (b) during the 2-year period 

3 immediately following the 3-year period de4 scribed in subparagraph (A), to allow for a tran5 sition period for implementation of the reporting 

6 requirements under subsection (a)(2). 

7 ‘‘(2) REGULATIONS OR GUIDANCE.—Not later 

8 than 180 days after the date of enactment of division 

9 N of the Further Consolidated Appropriations Act, 

10 2020, the Secretary shall update regulations under 

11 part 96 of title 45, Code of Federal Regulations or 

12 guidance on the retailer compliance rate goal under 

13 subsection (b), the use of funds provided under section 

14 1921 for purposes of meeting the requirements of this 

15 section, and reporting requirements under subsection 

16 (a)(2). 

17 ‘‘(3) COORDINATION.—The Secretary shall ensure 

18 the Assistant Secretary for Mental Health and Sub19 stance Use coordinates, as appropriate, with the Com20 missioner of Food and Drugs to ensure that the tech21 nical assistance provided to States under subsection 

22 (e) is consistent with applicable regulations for retail23 ers issued under part 1140 of title 21, Code of Federal 

24 Regulations. 

25 ‘‘(d) TRANSITIONAL GRANTS.— 
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1 ‘‘(1) IN GENERAL.—The Secretary shall award 

2 grants under this subsection to each State that re3 ceives funding under section 1921 to ensure compli4 ance of each such State with this section. 

5 ‘‘(2) USE OF FUNDS.—A State receiving a grant 

6 under this subsection— 

7 ‘‘(A) shall use amounts received under such 

8 grant for activities to plan for or ensure compli9 ance in the State with subsection (a); and 

10 ‘‘(B) in the case of a State for which the 

11 Secretary has made a determination under sub12 section (b) that the State is prepared to meet, or 

13 has met, the requirements of subsection (a), may 

14 use such funds for tobacco cessation activities, 

15 strategies to prevent the use of tobacco products 

16 by individuals under the age of 21, or allowable 

17 uses under section 1921. 

18 ‘‘(3) SUPPLEMENT NOT SUPPLANT.—Grants 

19 under this subsection shall be used to supplement and 

20 not supplant other Federal, State, and local public 

21 funds provided for activities under paragraph (2). 

22 ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.—To 

23 carry out this subsection, there are authorized to be 

24 appropriated $18,580,790 for each of fiscal years 

25 2020 through 2024. 
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•HR 1865 EAH 

1 ‘‘(5) SUNSET.—This subsection shall have no 

2 force or effect after September 30, 2024. 

3 ‘‘(e) TECHNICAL ASSISTANCE.—The Secretary shall 

4 provide technical assistance to States related to the activi5 ties required under this section.’’. 

6 (b) REPORT TO CONGRESS.—Not later than 3 years 

7 after the date of enactment of this Act, the Secretary shall 

8 submit to the Committee on Health, Education, Labor, and 

9 Pensions of the Senate and the Committee on Energy and 

10 Commerce of the House of Representatives a report on the 

11 status of implementing the requirements of section 1926 of 

12 the Public Health Service Act (42 U.S.C. 300x–26), as 

13 amended by subsection (a), and a description of any tech14 nical assistance provided under subsection (e) of such sec15 tion, including the number of meetings requested and held 

16 related to technical assistance. 

17 (c) CONFORMING AMENDMENT.—Section 212 of divi18 sion D of the Consolidated Appropriations Act, 2010 (Pub19 lic Law 111–117) is repealed. 

20 SEC. 605. BIOLOGICAL PRODUCT DEFINITION. 

21 Section 351(i)(1) of the Public Health Service Act (42 

22 U.S.C. 262(i)(1)) is amended by striking ‘‘(except any 

23 chemically synthesized polypeptide)’’. 
1449 

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1 SEC. 606. PROTECTING ACCESS TO BIOLOGICAL PRODUCTS. 

2 Section 351(k)(7) of the Public Health Service Act (42 

3 U.S.C. 262(k)(7)) is amended by adding at the end the fol4 lowing: 

5 ‘‘(D) DEEMED LICENSES.— 

6 ‘‘(i) NO ADDITIONAL EXCLUSIVITY

7 THROUGH DEEMING.—An approved appli8 cation that is deemed to be a license for a 

9 biological product under this section pursu10 ant to section 7002(e)(4) of the Biologics 

11 Price Competition and Innovation Act of 

12 2009 shall not be treated as having been 

13 first licensed under subsection (a) for pur14 poses of subparagraphs (A) and (B). 

15 ‘‘(ii) APPLICATION OF LIMITATIONS ON

16 EXCLUSIVITY.—Subparagraph (C) shall 

17 apply with respect to a reference product re18 ferred to in such subparagraph that was the 

19 subject of an approved application that was 

20 deemed to be a license pursuant to section 

21 7002(e)(4) of the Biologics Price Competi22 tion and Innovation Act of 2009. 

23 ‘‘(iii) APPLICABILITY.—The exclusivity 

24 periods described in section 527, section 

25 505A(b)(1)(A)(ii), and section 

26 505A(c)(1)(A)(ii) of the Federal Food, 
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1 Drug, and Cosmetic Act shall continue to 

2 apply to a biological product after an ap3 proved application for the biological prod4 uct is deemed to be a license for the biologi5 cal product under subsection (a) pursuant 

6 to section 7002(e)(4) of the Biologics Price 

7 Competition and Innovation Act of 2009.’’. 

8 SEC. 607. STREAMLINING THE TRANSITION OF BIOLOGICAL 

9 PRODUCTS. 

10 Section 7002(e)(4) of the Biologics Price Competition 

11 and Innovation Act of 2009 (Public Law 111–148) is 

12 amended— 

13 (1) by striking ‘‘An approved application’’ and 

14 inserting the following: 

15 ‘‘(A) IN GENERAL.—An approved applica16 tion’’; and 

17 (2) by adding at the end the following: 

18 ‘‘(B) TREATMENT OF CERTAIN APPLICA19 TIONS.— 

20 ‘‘(i) IN GENERAL.—With respect to an 

21 application for a biological product sub22 mitted under subsection (b) or (j) of section 

23 505 of the Federal Food, Drug, and Cos24 metic Act (21 U.S.C. 355) that is filed not 

25 later than March 23, 2019, and is not ap-
1451 

•HR 1865 EAH 

1 proved as of March 23, 2020, the Secretary 

2 shall continue to review such application 

3 under such section 505 after March 23, 

4 2020. 

5 ‘‘(ii) EFFECT ON LISTED DRUGS.— 

6 Only for purposes of carrying out clause (i), 

7 with respect to any applicable listed drug 

8 with respect to such application, the fol9 lowing shall apply: 

10 ‘‘(I) Any drug that is a biological 

11 product that has been deemed licensed 

12 under section 351 of the Public Health 

13 Service Act (42 U.S.C. 262) pursuant 

14 to subparagraph (A) and that is ref15 erenced in an application described in 

16 clause (i), shall continue to be identi17 fied as a listed drug on the list pub18 lished pursuant to section 505(j)(7) of 

19 the Federal Food, Drug, and Cosmetic 

20 Act, and the information for such drug 

21 on such list shall not be revised after 

22 March 20, 2020, until— 

23 ‘‘(aa) such drug is removed 

24 from such list in accordance with 
1452 

•HR 1865 EAH 

1 subclause (III) or subparagraph 

2 (C) of such section 505(j)(7); or 

3 ‘‘(bb) this subparagraph no 

4 longer has force or effect. 

5 ‘‘(II) Any drug that is a biologi6 cal product that has been deemed li7 censed under section 351 of the Public 

8 Health Service Act (42 U.S.C. 262) 

9 pursuant to subparagraph (A) and 

10 that is referenced in an application de11 scribed in clause (i) shall be subject 

12 only to requirements applicable to bio13 logical products licensed under such 

14 section. 

15 ‘‘(III) Upon approval under sub16 section (c) or (j) of section 505 of the 

17 Federal Food, Drug, and Cosmetic Act 

18 of an application described in clause 

19 (i), the Secretary shall remove from the 

20 list published pursuant to section 

21 505(j)(7) of the Federal Food, Drug, 

22 and Cosmetic Act any listed drug that 

23 is a biological product that has been 

24 deemed licensed under section 351 of 

25 the Public Health Service Act pursuant 
1453 

•HR 1865 EAH 

1 to subparagraph (A) and that is ref2 erenced in such approved application, 

3 unless such listed drug is referenced in 

4 one or more additional applications 

5 described in clause (i). 

6 ‘‘(iii) DEEMED LICENSURE.—Upon ap7 proval of an application described in clause 

8 (i), such approved application shall be 

9 deemed to be a license for the biological 

10 product under section 351 of the Public 

11 Health Service Act. 

12 ‘‘(iv) RULE OF CONSTRUCTION.— 

13 ‘‘(I) APPLICATION OF CERTAIN

14 PROVISIONS.— 

15 ‘‘(aa) PATENT CERTIFI16 CATION OR STATEMENT.—An ap17 plication described in clause (i) 

18 shall contain a patent certifi19 cation or statement described in, 

20 as applicable, section 505(b)(2) of 

21 the Federal Food, Drug, and Cos22 metic Act or clauses (vii) and 

23 (viii) of section 505(j)(2)(A) of 

24 such Act and, with respect to any 

25 listed drug referenced in such ap-
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•HR 1865 EAH 

1 plication, comply with related re2 quirements concerning any timely 

3 filed patent information listed 

4 pursuant to section 505(j)(7) of 

5 such Act. 

6 ‘‘(bb) DATE OF APPROVAL.— 

7 The earliest possible date on 

8 which any pending application 

9 described in clause (i) may be ap10 proved shall be determined based 

11 on— 

12 ‘‘(AA) the last expira13 tion date of any applicable 

14 period of exclusivity that 

15 would prevent such approval 

16 and that is described in sec17 tion 505(c)(3)(E), 

18 505(j)(5)(B)(iv), 

19 505(j)(5)(F), 505A, 505E, or 

20 527 of the Federal Food, 

21 Drug, and Cosmetic Act; and 

22 ‘‘(BB) if the application 

23 was submitted pursuant to 

24 section 505(b)(2) of the Fed25 eral Food, Drug, and Cos-
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•HR 1865 EAH 

1 metic Act and references any 

2 listed drug, the last applica3 ble date determined under 

4 subparagraph (A), (B), or 

5 (C) of section 505(c)(3) of 

6 such Act, or, if the applica7 tion was submitted under 

8 section 505(j) of such Act, the 

9 last applicable date deter10 mined under clause (i), (ii), 

11 or (iii) of section 

12 505(j)(5)(B) of such Act. 

13 ‘‘(II) EXCLUSIVITY.—Nothing in 

14 this subparagraph shall be construed to 

15 affect section 351(k)(7)(D) of the Pub16 lic Health Service Act. 

17 ‘‘(v) LISTING.—The Secretary may 

18 continue to review an application after 

19 March 23, 2020, pursuant to clause (i), and 

20 continue to identify any applicable listed 

21 drug pursuant to clause (ii) on the list pub22 lished pursuant to section 505(j)(7) of the 

23 Federal Food, Drug, and Cosmetic Act, even 

24 if such review or listing may reveal the ex25 istence of such application and the identity 
1456 

•HR 1865 EAH 

1 of any listed drug for which the investiga2 tions described in section 505(b)(1)(A) of 

3 the Federal Food, Drug, and Cosmetic Act 

4 are relied upon by the applicant for ap5 proval of the pending application. Nothing 

6 in this subparagraph shall be construed as 

7 authorizing the Secretary to disclose any 

8 other information that is a trade secret or 

9 confidential information described in sec10 tion 552(b)(4) of title 5, United States 

11 Code. 

12 ‘‘(vi) SUNSET.—Beginning on October 

13 1, 2022, this subparagraph shall have no 

14 force or effect and any applications de15 scribed in clause (i) that have not been ap16 proved shall be deemed withdrawn.’’. 

17 SEC. 608. REENROLLMENT OF CERTAIN INDIVIDUALS IN 

18 QUALIFIED HEALTH PLANS IN CERTAIN EX19 CHANGES. 

20 Section 1311(c) of the Patient Protection and Afford21 able Care Act (42 U.S.C. 18031(c)) is amended by adding 

22 the end the following new paragraph: 

23 ‘‘(7) REENROLLMENT OF CERTAIN INDIVIDUALS

24 IN QUALIFIED HEALTH PLANS IN CERTAIN EX25 CHANGES.— 
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•HR 1865 EAH 

1 ‘‘(A) IN GENERAL.—In the case of an Ex2 change that the Secretary operates pursuant to 

3 section 1321(c)(1), the Secretary shall establish a 

4 process under which an individual described in 

5 subparagraph (B) is reenrolled for plan year 

6 2021 in a qualified health plan offered through 

7 such Exchange. Such qualified health plan under 

8 which such individual is so reenrolled shall be— 

9 ‘‘(i) if available for plan year 2021, 

10 the qualified health plan under which such 

11 individual is enrolled during the annual 

12 open enrollment period for such plan year; 

13 and 

14 ‘‘(ii) if such qualified health plan is 

15 not available for plan year 2021, a quali16 fied health plan offered through such Ex17 change determined appropriate by the Sec18 retary. 

19 ‘‘(B) INDIVIDUAL DESCRIBED.—An indi20 vidual described in this subsection is an indi21 vidual who, with respect to plan year 2020— 

22 ‘‘(i) resides in a State with an Ex23 change described in subparagraph (A); 

24 ‘‘(ii) is enrolled in a qualified health 

25 plan during such plan year and does not 
1458 

•HR 1865 EAH 

1 enroll in a qualified health plan for plan 

2 year 2021 during the annual open enroll3 ment period for such plan year 2021; and 

4 ‘‘(iii) does not elect to disenroll under 

5 a qualified health plan for plan year 2021 

6 during such annual open enrollment pe7 riod.’’. 

8 SEC. 609. PROTECTION OF SILVER LOADING PRACTICE. 

9 With respect to plan year 2021, the Secretary of 

10 Health and Human Services may not take any action to 

11 prohibit or otherwise restrict the practice commonly known 

12 as ‘‘silver loading’’ (as described in the rule entitled ‘‘Pa13 tient Protection and Affordable Care Act; HHS Notice of 

14 Benefit and Payment Parameters for 2020’’ published on 

15 April 25, 2019 (84 Fed. Reg. 17533)). 

16 SEC. 610. ACTIONS FOR DELAYS OF GENERIC DRUGS AND 

17 BIOSIMILAR BIOLOGICAL PRODUCTS. 

18 (a) DEFINITIONS.—In this section— 

19 (1) the term ‘‘commercially reasonable, market20 based terms’’ means— 

21 (A) a nondiscriminatory price for the sale 

22 of the covered product at or below, but not great23 er than, the most recent wholesale acquisition 

24 cost for the drug, as defined in section 
1459 

•HR 1865 EAH 

1 1847A(c)(6)(B) of the Social Security Act (42 

2 U.S.C. 1395w–3a(c)(6)(B)); 

3 (B) a schedule for delivery that results in 

4 the transfer of the covered product to the eligible 

5 product developer consistent with the timing 

6 under subsection (b)(2)(A)(iv); and 

7 (C) no additional conditions are imposed 

8 on the sale of the covered product; 

9 (2) the term ‘‘covered product’’— 

10 (A) means— 

11 (i) any drug approved under sub12 section (c) or (j) of section 505 of the Fed13 eral Food, Drug, and Cosmetic Act (21 

14 U.S.C. 355) or biological product licensed 

15 under subsection (a) or (k) of section 351 of 

16 the Public Health Service Act (42 U.S.C. 

17 262); 

18 (ii) any combination of a drug or bio19 logical product described in clause (i); or 

20 (iii) when reasonably necessary to sup21 port approval of an application under sec22 tion 505 of the Federal Food, Drug, and 

23 Cosmetic Act (21 U.S.C. 355), or section 

24 351 of the Public Health Service Act (42 

25 U.S.C. 262), as applicable, or otherwise 
1460 

•HR 1865 EAH 

1 meet the requirements for approval under 

2 either such section, any product, including 

3 any device, that is marketed or intended for 

4 use with such a drug or biological product; 

5 and 

6 (B) does not include any drug or biological 

7 product that appears on the drug shortage list in 

8 effect under section 506E of the Federal Food, 

9 Drug, and Cosmetic Act (21 U.S.C. 356e), un10 less— 

11 (i) the drug or biological product has 

12 been on the drug shortage list in effect 

13 under such section 506E continuously for 

14 more than 6 months; or 

15 (ii) the Secretary determines that in16 clusion of the drug or biological product as 

17 a covered product is likely to contribute to 

18 alleviating or preventing a shortage. 

19 (3) the term ‘‘device’’ has the meaning given the 

20 term in section 201 of the Federal Food, Drug, and 

21 Cosmetic Act (21 U.S.C. 321); 

22 (4) the term ‘‘eligible product developer’’ means 

23 a person that seeks to develop a product for approval 

24 pursuant to an application for approval under sub25 section (b)(2) or (j) of section 505 of the Federal 
1461 

•HR 1865 EAH 

1 Food, Drug, and Cosmetic Act (21 U.S.C. 355) or for 

2 licensing pursuant to an application under section 

3 351(k) of the Public Health Service Act (42 U.S.C. 

4 262(k)); 

5 (5) the term ‘‘license holder’’ means the holder of 

6 an application approved under subsection (c) or (j) of 

7 section 505 of the Federal Food, Drug, and Cosmetic 

8 Act (21 U.S.C. 355) or the holder of a license under 

9 subsection (a) or (k) of section 351 of the Public 

10 Health Service Act (42 U.S.C. 262) for a covered 

11 product; 

12 (6) the term ‘‘REMS’’ means a risk evaluation 

13 and mitigation strategy under section 505–1 of the 

14 Federal Food, Drug, and Cosmetic Act (21 U.S.C. 

15 355–1); 

16 (7) the term ‘‘REMS with ETASU’’ means a 

17 REMS that contains elements to assure safe use under 

18 section 505–1(f) of the Federal Food, Drug, and Cos19 metic Act (21 U.S.C. 355–1(f)); 

20 (8) the term ‘‘Secretary’’ means the Secretary of 

21 Health and Human Services; 

22 (9) the term ‘‘single, shared system of elements to 

23 assure safe use’’ means a single, shared system of ele24 ments to assure safe use under section 505–1(f) of the 
1462 

•HR 1865 EAH 

1 Federal Food, Drug, and Cosmetic Act (21 U.S.C. 

2 355–1(f)); and 

3 (10) the term ‘‘sufficient quantities’’ means an 

4 amount of a covered product that the eligible product 

5 developer determines allows it to— 

6 (A) conduct testing to support an applica7 tion under— 

8 (i) subsection (b)(2) or (j) of section 

9 505 of the Federal Food, Drug, and Cos10 metic Act (21 U.S.C. 355); or 

11 (ii) section 351(k) of the Public Health 

12 Service Act (42 U.S.C. 262(k)); and 

13 (B) fulfill any regulatory requirements re14 lating to approval of such an application. 

15 (b) CIVIL ACTION FOR FAILURE TO PROVIDE SUFFI16 CIENT QUANTITIES OF A COVERED PRODUCT.— 

17 (1) IN GENERAL.—An eligible product developer 

18 may bring a civil action against the license holder for 

19 a covered product seeking relief under this subsection 

20 in an appropriate district court of the United States 

21 alleging that the license holder has declined to provide 

22 sufficient quantities of the covered product to the eli23 gible product developer on commercially reasonable, 

24 market-based terms. 

25 (2) ELEMENTS.— 
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•HR 1865 EAH 

1 (A) IN GENERAL.—To prevail in a civil ac2 tion brought under paragraph (1), an eligible 

3 product developer shall prove, by a preponder4 ance of the evidence— 

5 (i) that— 

6 (I) the covered product is not sub7 ject to a REMS with ETASU; or 

8 (II) if the covered product is sub9 ject to a REMS with ETASU— 

10 (aa) the eligible product de11 veloper has obtained a covered 

12 product authorization from the 

13 Secretary in accordance with sub14 paragraph (B); and 

15 (bb) the eligible product de16 veloper has provided a copy of the 

17 covered product authorization to 

18 the license holder; 

19 (ii) that, as of the date on which the 

20 civil action is filed, the eligible product de21 veloper has not obtained sufficient quan22 tities of the covered product on commer23 cially reasonable, market-based terms; 

24 (iii) that the eligible product developer 

25 has submitted a written request to purchase 
1464 

•HR 1865 EAH 

1 sufficient quantities of the covered product 

2 to the license holder, and such request— 

3 (I) was sent to a named corporate 

4 officer of the license holder; 

5 (II) was made by certified or reg6 istered mail with return receipt re7 quested; 

8 (III) specified an individual as 

9 the point of contact for the license 

10 holder to direct communications re11 lated to the sale of the covered product 

12 to the eligible product developer and a 

13 means for electronic and written com14 munications with that individual; and 

15 (IV) specified an address to which 

16 the covered product was to be shipped 

17 upon reaching an agreement to trans18 fer the covered product; and 

19 (iv) that the license holder has not de20 livered to the eligible product developer suf21 ficient quantities of the covered product on 

22 commercially reasonable, market-based 

23 terms— 

24 (I) for a covered product that is 

25 not subject to a REMS with ETASU, 
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•HR 1865 EAH 

1 by the date that is 31 days after the 

2 date on which the license holder re3 ceived the request for the covered prod4 uct; and 

5 (II) for a covered product that is 

6 subject to a REMS with ETASU, by 

7 31 days after the later of— 

8 (aa) the date on which the li9 cense holder received the request 

10 for the covered product; or 

11 (bb) the date on which the li12 cense holder received a copy of the 

13 covered product authorization 

14 issued by the Secretary in accord15 ance with subparagraph (B). 

16 (B) AUTHORIZATION FOR COVERED PROD17 UCT SUBJECT TO A REMS WITH ETASU.— 

18 (i) REQUEST.—An eligible product de19 veloper may submit to the Secretary a writ20 ten request for the eligible product developer 

21 to be authorized to obtain sufficient quan22 tities of an individual covered product sub23 ject to a REMS with ETASU. 

24 (ii) AUTHORIZATION.—Not later than 

25 120 days after the date on which a request 
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•HR 1865 EAH 

1 under clause (i) is received, the Secretary 

2 shall, by written notice, authorize the eligi3 ble product developer to obtain sufficient 

4 quantities of an individual covered product 

5 subject to a REMS with ETASU for pur6 poses of— 

7 (I) development and testing that 

8 does not involve human clinical trials, 

9 if the eligible product developer has 

10 agreed to comply with any conditions 

11 the Secretary determines necessary; or 

12 (II) development and testing that 

13 involves human clinical trials, if the 

14 eligible product developer has— 

15 (aa)(AA) submitted protocols, 

16 informed consent documents, and 

17 informational materials for test18 ing that include protections that 

19 provide safety protections com20 parable to those provided by the 

21 REMS for the covered product; or 

22 (BB) otherwise satisfied the 

23 Secretary that such protections 

24 will be provided; and 
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•HR 1865 EAH 

1 (bb) met any other require2 ments the Secretary may estab3 lish. 

4 (iii) NOTICE.—A covered product au5 thorization issued under this subparagraph 

6 shall state that the provision of the covered 

7 product by the license holder under the 

8 terms of the authorization will not be a vio9 lation of the REMS for the covered product. 

10 (3) AFFIRMATIVE DEFENSE.—In a civil action 

11 brought under paragraph (1), it shall be an affirma12 tive defense, on which the defendant has the burden 

13 of persuasion by a preponderance of the evidence— 

14 (A) that, on the date on which the eligible 

15 product developer requested to purchase sufficient 

16 quantities of the covered product from the license 

17 holder— 

18 (i) neither the license holder nor any of 

19 its agents, wholesalers, or distributors was 

20 engaged in the manufacturing or commer21 cial marketing of the covered product; and 

22 (ii) neither the license holder nor any 

23 of its agents, wholesalers, or distributors 

24 otherwise had access to inventory of the cov25 ered product to supply to the eligible prod-
1468 

•HR 1865 EAH 

1 uct developer on commercially reasonable, 

2 market-based terms; 

3 (B) that— 

4 (i) the license holder sells the covered 

5 product through agents, distributors, or 

6 wholesalers; 

7 (ii) the license holder has placed no re8 strictions, explicit or implicit, on its agents, 

9 distributors, or wholesalers to sell covered 

10 products to eligible product developers; and 

11 (iii) the covered product can be pur12 chased by the eligible product developer in 

13 sufficient quantities on commercially rea14 sonable, market-based terms from the 

15 agents, distributors, or wholesalers of the li16 cense holder; or 

17 (C) that the license holder made an offer to 

18 the individual specified pursuant to paragraph 

19 (2)(A)(iii)(III), by a means of communication 

20 (electronic, written, or both) specified pursuant 

21 to such paragraph, to sell sufficient quantities of 

22 the covered product to the eligible product devel23 oper at commercially reasonable market-based 

24 terms— 
1469 

•HR 1865 EAH 

1 (i) for a covered product that is not 

2 subject to a REMS with ETASU, by the 

3 date that is 14 days after the date on which 

4 the license holder received the request for the 

5 covered product, and the eligible product de6 veloper did not accept such offer by the date 

7 that is 7 days after the date on which the 

8 eligible product developer received such offer 

9 from the license holder; or 

10 (ii) for a covered product that is sub11 ject to a REMS with ETASU, by the date 

12 that is 20 days after the date on which the 

13 license holder received the request for the 

14 covered product, and the eligible product de15 veloper did not accept such offer by the date 

16 that is 10 days after the date on which the 

17 eligible product developer received such offer 

18 from the license holder. 

19 (4) REMEDIES.— 

20 (A) IN GENERAL.—If an eligible product de21 veloper prevails in a civil action brought under 

22 paragraph (1), the court shall— 

23 (i) order the license holder to provide 

24 to the eligible product developer without 

25 delay sufficient quantities of the covered 
1470 

•HR 1865 EAH 

1 product on commercially reasonable, mar2 ket-based terms; 

3 (ii) award to the eligible product devel4 oper reasonable attorney’s fees and costs of 

5 the civil action; and 

6 (iii) award to the eligible product de7 veloper a monetary amount sufficient to 

8 deter the license holder from failing to pro9 vide eligible product developers with suffi10 cient quantities of a covered product on 

11 commercially reasonable, market-based 

12 terms, if the court finds, by a preponder13 ance of the evidence— 

14 (I) that the license holder delayed 

15 providing sufficient quantities of the 

16 covered product to the eligible product 

17 developer without a legitimate business 

18 justification; or 

19 (II) that the license holder failed 

20 to comply with an order issued under 

21 clause (i). 

22 (B) MAXIMUM MONETARY AMOUNT.—A 

23 monetary amount awarded under subparagraph 

24 (A)(iii) shall not be greater than the revenue that 
1471 

•HR 1865 EAH 

1 the license holder earned on the covered product 

2 during the period— 

3 (i) beginning on— 

4 (I) for a covered product that is 

5 not subject to a REMS with ETASU, 

6 the date that is 31 days after the date 

7 on which the license holder received the 

8 request; or 

9 (II) for a covered product that is 

10 subject to a REMS with ETASU, the 

11 date that is 31 days after the later of— 

12 (aa) the date on which the li13 cense holder received the request; 

14 or 

15 (bb) the date on which the li16 cense holder received a copy of the 

17 covered product authorization 

18 issued by the Secretary in accord19 ance with paragraph (2)(B); and 

20 (ii) ending on the date on which the el21 igible product developer received sufficient 

22 quantities of the covered product. 

23 (C) AVOIDANCE OF DELAY.—The court may 

24 issue an order under subparagraph (A)(i) before 

25 conducting further proceedings that may be nec-
1472 

•HR 1865 EAH 

1 essary to determine whether the eligible product 

2 developer is entitled to an award under clause 

3 (ii) or (iii) of subparagraph (A), or the amount 

4 of any such award. 

5 (c) LIMITATION OF LIABILITY.—A license holder for a 

6 covered product shall not be liable for any claim under Fed7 eral, State, or local law arising out of the failure of an 

8 eligible product developer to follow adequate safeguards to 

9 assure safe use of the covered product during development 

10 or testing activities described in this section, including 

11 transportation, handling, use, or disposal of the covered 

12 product by the eligible product developer. 

13 (d) NO VIOLATION OF REMS.—Section 505–1 of the 

14 Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355–1) 

15 is amended by adding at the end the following new sub16 section: 

17 ‘‘(l) PROVISION OF SAMPLES NOT A VIOLATION OF

18 STRATEGY.—The provision of samples of a covered product 

19 to an eligible product developer (as those terms are defined 

20 in section 610(a) of division N of the Further Consolidated 

21 Appropriations Act, 2020) shall not be considered a viola22 tion of the requirements of any risk evaluation and mitiga23 tion strategy that may be in place under this section for 

24 such drug.’’. 

25 (e) RULE OF CONSTRUCTION.— 
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•HR 1865 EAH 

1 (1) DEFINITION.—In this subsection, the term 

2 ‘‘antitrust laws’’— 

3 (A) has the meaning given the term in sub4 section (a) of the first section of the Clayton Act 

5 (15 U.S.C. 12); and 

6 (B) includes section 5 of the Federal Trade 

7 Commission Act (15 U.S.C. 45) to the extent that 

8 such section applies to unfair methods of com9 petition. 

10 (2) ANTITRUST LAWS.—Nothing in this section 

11 shall be construed to limit the operation of any provi12 sion of the antitrust laws. 

13 (f) REMS APPROVAL PROCESS FOR SUBSEQUENT FIL14 ERS.—Section 505–1 of the Federal Food, Drug, and Cos15 metic Act (21 U.S.C. 355–1), as amended by subsection (d), 

16 is further amended— 

17 (1) in subsection (g)(4)(B)— 

18 (A) in clause (i) by striking ‘‘or’’ after the 

19 semicolon; 

20 (B) in clause (ii) by striking the period at 

21 the end and inserting ‘‘; or’’; and 

22 (C) by adding at the end the following: 

23 ‘‘(iii) accommodate different, com24 parable aspects of the elements to assure 

25 safe use for a drug that is the subject of an 
1474 

•HR 1865 EAH 

1 application under section 505(j), and the 

2 applicable listed drug.’’; 

3 (2) in subsection (i)(1), by striking subpara4 graph (C) and inserting the following: 

5 ‘‘(C)(i) Elements to assure safe use, if re6 quired under subsection (f) for the listed drug, 

7 which, subject to clause (ii), for a drug that is 

8 the subject of an application under section 505(j) 

9 may use— 

10 ‘‘(I) a single, shared system with the 

11 listed drug under subsection (f); or 

12 ‘‘(II) a different, comparable aspect of 

13 the elements to assure safe use under sub14 section (f). 

15 ‘‘(ii) The Secretary may require a drug that 

16 is the subject of an application under section 

17 505(j) and the listed drug to use a single, shared 

18 system under subsection (f), if the Secretary de19 termines that no different, comparable aspect of 

20 the elements to assure safe use could satisfy the 

21 requirements of subsection (f).’’; 

22 (3) in subsection (i), by adding at the end the 

23 following: 

24 ‘‘(3) SHARED REMS.—If the Secretary approves, 

25 in accordance with paragraph (1)(C)(i)(II), a dif-
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•HR 1865 EAH 

1 ferent, comparable aspect of the elements to assure 

2 safe use under subsection (f) for a drug that is the 

3 subject of an abbreviated new drug application under 

4 section 505(j), the Secretary may require that such 

5 different comparable aspect of the elements to assure 

6 safe use can be used with respect to any other drug 

7 that is the subject of an application under section 

8 505(j) or 505(b) that references the same listed drug.’’; 

9 and 

10 (4) by adding at the end the following: 

11 ‘‘(m) SEPARATE REMS.—When used in this section, 

12 the term ‘different, comparable aspect of the elements to as13 sure safe use’ means a risk evaluation and mitigation strat14 egy for a drug that is the subject of an application under 

15 section 505(j) that uses different methods or operational 

16 means than the strategy required under subsection (a) for 

17 the applicable listed drug, or other application under sec18 tion 505(j) with the same such listed drug, but achieves the 

19 same level of safety as such strategy.’’. 

20 (g) RULE OF CONSTRUCTION.—Nothing in this section, 

21 the amendments made by this section, or in section 505– 

22 1 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 

23 355–1), shall be construed as— 

24 (1) prohibiting a license holder from providing 

25 an eligible product developer access to a covered prod-
1476 

•HR 1865 EAH 

1 uct in the absence of an authorization under this sec2 tion; or 

3 (2) in any way negating the applicability of a 

4 REMS with ETASU, as otherwise required under 

5 such section 505–1, with respect to such covered prod6 uct. 

7 DIVISION O—SETTING EVERY 

8 COMMUNITY UP FOR RETIRE9 MENT ENHANCEMENT 

10 SEC. 1. SHORT TITLE, ETC. 

11 (a) SHORT TITLE.—This Act may be cited as the ‘‘Set12 ting Every Community Up for Retirement Enhancement 

13 Act of 2019’’. 

14 (b) TABLE OF CONTENTS.—The table of contents of this 

15 Act is as follows: 

Sec. 1. Short title, etc. 

TITLE I—EXPANDING AND PRESERVING RETIREMENT SAVINGS 

Sec. 101. Multiple employer plans; pooled employer plans. 

Sec. 102. Increase in 10 percent cap for automatic enrollment safe harbor after 

1st plan year. 

Sec. 103. Rules relating to election of safe harbor 401(k) status. 

Sec. 104. Increase in credit limitation for small employer pension plan startup 

costs. 

Sec. 105. Small employer automatic enrollment credit. 

Sec. 106. Certain taxable non-tuition fellowship and stipend payments treated as 

compensation for IRA purposes. 

Sec. 107. Repeal of maximum age for traditional IRA contributions. 

Sec. 108. Qualified employer plans prohibited from making loans through credit 

cards and other similar arrangements. 

Sec. 109. Portability of lifetime income options. 

Sec. 110. Treatment of custodial accounts on termination of section 403(b) plans. 

Sec. 111. Clarification of retirement income account rules relating to church-controlled organizations. 

Sec. 112. Qualified cash or deferred arrangements must allow long-term employees working more than 500 but less than 1,000 hours per year 

to participate. 
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•HR 1865 EAH 

Sec. 113. Penalty-free withdrawals from retirement plans for individuals in case 

of birth of child or adoption. 

Sec. 114. Increase in age for required beginning date for mandatory distributions. 

Sec. 115. Special rules for minimum funding standards for community newspaper plans. 

Sec. 116. Treating excluded difficulty of care payments as compensation for determining retirement contribution limitations. 

TITLE II—ADMINISTRATIVE IMPROVEMENTS 

Sec. 201. Plan adopted by filing due date for year may be treated as in effect 

as of close of year. 

Sec. 202. Combined annual report for group of plans. 

Sec. 203. Disclosure regarding lifetime income. 

Sec. 204. Fiduciary safe harbor for selection of lifetime income provider. 

Sec. 205. Modification of nondiscrimination rules to protect older, longer service 

participants. 

Sec. 206. Modification of PBGC premiums for CSEC plans. 

TITLE III—OTHER BENEFITS 

Sec. 301. Benefits provided to volunteer firefighters and emergency medical responders. 

Sec. 302. Expansion of section 529 plans. 

TITLE IV—REVENUE PROVISIONS 

Sec. 401. Modification of required distribution rules for designated beneficiaries. 

Sec. 402. Increase in penalty for failure to file. 

Sec. 403. Increased penalties for failure to file retirement plan returns. 

Sec. 404. Increase information sharing to administer excise taxes. 

TITLE V—TAX RELIEF FOR CERTAIN CHILDREN 

Sec. 501. Modification of rules relating to the taxation of unearned income of certain children. 

TITLE VI—ADMINISTRATIVE PROVISIONS 

Sec. 601. Provisions relating to plan amendments. 

1 TITLE I—EXPANDING AND PRE2 SERVING RETIREMENT SAV3 INGS 

4 SEC. 101. MULTIPLE EMPLOYER PLANS; POOLED EMPLOYER 

5 PLANS. 

6 (a) QUALIFICATION REQUIREMENTS.— 
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•HR 1865 EAH 

1 (1) IN GENERAL.—Section 413 of the Internal 

2 Revenue Code of 1986 is amended by adding at the 

3 end the following new subsection: 

4 ‘‘(e) APPLICATION OF QUALIFICATION REQUIREMENTS

5 FOR CERTAIN MULTIPLE EMPLOYER PLANS WITH POOLED

6 PLAN PROVIDERS.— 

7 ‘‘(1) IN GENERAL.—Except as provided in para8 graph (2), if a defined contribution plan to which 

9 subsection (c) applies— 

10 ‘‘(A) is maintained by employers which 

11 have a common interest other than having adopt12 ed the plan, or 

13 ‘‘(B) in the case of a plan not described in 

14 subparagraph (A), has a pooled plan provider, 

15 then the plan shall not be treated as failing to meet 

16 the requirements under this title applicable to a plan 

17 described in section 401(a) or to a plan that consists 

18 of individual retirement accounts described in section 

19 408 (including by reason of subsection (c) thereof), 

20 whichever is applicable, merely because one or more 

21 employers of employees covered by the plan fail to 

22 take such actions as are required of such employers 

23 for the plan to meet such requirements. 

24 ‘‘(2) LIMITATIONS.— 
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•HR 1865 EAH 

1 ‘‘(A) IN GENERAL.—Paragraph (1) shall 

2 not apply to any plan unless the terms of the 

3 plan provide that in the case of any employer in 

4 the plan failing to take the actions described in 

5 paragraph (1)— 

6 ‘‘(i) the assets of the plan attributable 

7 to employees of such employer (or bene8 ficiaries of such employees) will be trans9 ferred to a plan maintained only by such 

10 employer (or its successor), to an eligible re11 tirement plan as defined in section 

12 402(c)(8)(B) for each individual whose ac13 count is transferred, or to any other ar14 rangement that the Secretary determines is 

15 appropriate, unless the Secretary deter16 mines it is in the best interests of the em17 ployees of such employer (and the bene18 ficiaries of such employees) to retain the as19 sets in the plan, and 

20 ‘‘(ii) such employer (and not the plan 

21 with respect to which the failure occurred or 

22 any other employer in such plan) shall, ex23 cept to the extent provided by the Secretary, 

24 be liable for any liabilities with respect to 

25 such plan attributable to employees of such 
1480 

•HR 1865 EAH 

1 employer (or beneficiaries of such employ2 ees). 

3 ‘‘(B) FAILURES BY POOLED PLAN PRO4 VIDERS.—If the pooled plan provider of a plan 

5 described in paragraph (1)(B) does not perform 

6 substantially all of the administrative duties 

7 which are required of the provider under para8 graph (3)(A)(i) for any plan year, the Secretary 

9 may provide that the determination as to wheth10 er the plan meets the requirements under this 

11 title applicable to a plan described in section 

12 401(a) or to a plan that consists of individual 

13 retirement accounts described in section 408 (in14 cluding by reason of subsection (c) thereof), 

15 whichever is applicable, shall be made in the 

16 same manner as would be made without regard 

17 to paragraph (1). 

18 ‘‘(3) POOLED PLAN PROVIDER.— 

19 ‘‘(A) IN GENERAL.—For purposes of this 

20 subsection, the term ‘pooled plan provider’ 

21 means, with respect to any plan, a person who— 

22 ‘‘(i) is designated by the terms of the 

23 plan as a named fiduciary (within the 

24 meaning of section 402(a)(2) of the Em25 ployee Retirement Income Security Act of 
1481 

•HR 1865 EAH 

1 1974), as the plan administrator, and as 

2 the person responsible to perform all admin3 istrative duties (including conducting prop4 er testing with respect to the plan and the 

5 employees of each employer in the plan) 

6 which are reasonably necessary to ensure 

7 that— 

8 ‘‘(I) the plan meets any require9 ment applicable under the Employee 

10 Retirement Income Security Act of 

11 1974 or this title to a plan described in 

12 section 401(a) or to a plan that con13 sists of individual retirement accounts 

14 described in section 408 (including by 

15 reason of subsection (c) thereof), which16 ever is applicable, and 

17 ‘‘(II) each employer in the plan 

18 takes such actions as the Secretary or 

19 such person determines are necessary 

20 for the plan to meet the requirements 

21 described in subclause (I), including 

22 providing to such person any disclo23 sures or other information which the 

24 Secretary may require or which such 

25 person otherwise determines are nec-
1482 

•HR 1865 EAH 

1 essary to administer the plan or to 

2 allow the plan to meet such require3 ments, 

4 ‘‘(ii) registers as a pooled plan pro5 vider with the Secretary, and provides such 

6 other information to the Secretary as the 

7 Secretary may require, before beginning op8 erations as a pooled plan provider, 

9 ‘‘(iii) acknowledges in writing that 

10 such person is a named fiduciary (within 

11 the meaning of section 402(a)(2) of the Em12 ployee Retirement Income Security Act of 

13 1974), and the plan administrator, with re14 spect to the plan, and 

15 ‘‘(iv) is responsible for ensuring that 

16 all persons who handle assets of, or who are 

17 fiduciaries of, the plan are bonded in ac18 cordance with section 412 of the Employee 

19 Retirement Income Security Act of 1974. 

20 ‘‘(B) AUDITS, EXAMINATIONS AND INVES21 TIGATIONS.—The Secretary may perform audits, 

22 examinations, and investigations of pooled plan 

23 providers as may be necessary to enforce and 

24 carry out the purposes of this subsection. 
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•HR 1865 EAH 

1 ‘‘(C) AGGREGATION RULES.—For purposes 

2 of this paragraph, in determining whether a per3 son meets the requirements of this paragraph to 

4 be a pooled plan provider with respect to any 

5 plan, all persons who perform services for the 

6 plan and who are treated as a single employer 

7 under subsection (b), (c), (m), or (o) of section 

8 414 shall be treated as one person. 

9 ‘‘(D) TREATMENT OF EMPLOYERS AS PLAN

10 SPONSORS.—Except with respect to the adminis11 trative duties of the pooled plan provider de12 scribed in subparagraph (A)(i), each employer in 

13 a plan which has a pooled plan provider shall 

14 be treated as the plan sponsor with respect to the 

15 portion of the plan attributable to employees of 

16 such employer (or beneficiaries of such employ17 ees). 

18 ‘‘(4) GUIDANCE.— 

19 ‘‘(A) IN GENERAL.—The Secretary shall 

20 issue such guidance as the Secretary determines 

21 appropriate to carry out this subsection, includ22 ing guidance— 

23 ‘‘(i) to identify the administrative du24 ties and other actions required to be per-
1484 

•HR 1865 EAH 

1 formed by a pooled plan provider under this 

2 subsection, 

3 ‘‘(ii) which describes the procedures to 

4 be taken to terminate a plan which fails to 

5 meet the requirements to be a plan described 

6 in paragraph (1), including the proper 

7 treatment of, and actions needed to be taken 

8 by, any employer in the plan and the assets 

9 and liabilities of the plan attributable to 

10 employees of such employer (or beneficiaries 

11 of such employees), and 

12 ‘‘(iii) identifying appropriate cases to 

13 which the rules of paragraph (2)(A) will 

14 apply to employers in the plan failing to 

15 take the actions described in paragraph (1). 

16 The Secretary shall take into account under 

17 clause (iii) whether the failure of an employer or 

18 pooled plan provider to provide any disclosures 

19 or other information, or to take any other action, 

20 necessary to administer a plan or to allow a 

21 plan to meet requirements applicable to the plan 

22 under section 401(a) or 408, whichever is appli23 cable, has continued over a period of time that 

24 demonstrates a lack of commitment to compli25 ance. 
1485 

•HR 1865 EAH 

1 ‘‘(B) GOOD FAITH COMPLIANCE WITH LAW

2 BEFORE GUIDANCE.—An employer or pooled 

3 plan provider shall not be treated as failing to 

4 meet a requirement of guidance issued by the 

5 Secretary under this paragraph if, before the 

6 issuance of such guidance, the employer or pooled 

7 plan provider complies in good faith with a rea8 sonable interpretation of the provisions of this 

9 subsection to which such guidance relates. 

10 ‘‘(5) MODEL PLAN.—The Secretary shall publish 

11 model plan language which meets the requirements of 

12 this subsection and of paragraphs (43) and (44) of 

13 section 3 of the Employee Retirement Income Security 

14 Act of 1974 and which may be adopted in order for 

15 a plan to be treated as a plan described in paragraph 

16 (1)(B).’’. 

17 (2) CONFORMING AMENDMENT.—Section 

18 413(c)(2) of such Code is amended by striking ‘‘sec19 tion 401(a)’’ and inserting ‘‘sections 401(a) and 

20 408(c)’’. 

21 (3) TECHNICAL AMENDMENT.—Section 408(c) of 

22 such Code is amended by inserting after paragraph 

23 (2) the following new paragraph: 
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1 ‘‘(3) There is a separate accounting for any in2 terest of an employee or member (or spouse of an em3 ployee or member) in a Roth IRA.’’. 

4 (b) NO COMMON INTEREST REQUIRED FOR POOLED

5 EMPLOYER PLANS.—Section 3(2) of the Employee Retire6 ment Income Security Act of 1974 (29 U.S.C. 1002(2)) is 

7 amended by adding at the end the following: 

8 ‘‘(C) A pooled employer plan shall be treat9 ed as— 

10 ‘‘(i) a single employee pension benefit 

11 plan or single pension plan; and 

12 ‘‘(ii) a plan to which section 210(a) 

13 applies.’’. 

14 (c) POOLED EMPLOYER PLAN AND PROVIDER DE15 FINED.— 

16 (1) IN GENERAL.—Section 3 of the Employee Re17 tirement Income Security Act of 1974 (29 U.S.C. 

18 1002) is amended by adding at the end the following: 

19 ‘‘(43) POOLED EMPLOYER PLAN.— 

20 ‘‘(A) IN GENERAL.—The term ‘pooled em21 ployer plan’ means a plan— 

22 ‘‘(i) which is an individual account 

23 plan established or maintained for the pur24 pose of providing benefits to the employees 

25 of 2 or more employers; 
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1 ‘‘(ii) which is a plan described in sec2 tion 401(a) of the Internal Revenue Code of 

3 1986 which includes a trust exempt from 

4 tax under section 501(a) of such Code or a 

5 plan that consists of individual retirement 

6 accounts described in section 408 of such 

7 Code (including by reason of subsection (c) 

8 thereof); and 

9 ‘‘(iii) the terms of which meet the re10 quirements of subparagraph (B). 

11 Such term shall not include a plan maintained 

12 by employers which have a common interest 

13 other than having adopted the plan. 

14 ‘‘(B) REQUIREMENTS FOR PLAN TERMS.— 

15 The requirements of this subparagraph are met 

16 with respect to any plan if the terms of the 

17 plan— 

18 ‘‘(i) designate a pooled plan provider 

19 and provide that the pooled plan provider is 

20 a named fiduciary of the plan; 

21 ‘‘(ii) designate one or more trustees 

22 meeting the requirements of section 

23 408(a)(2) of the Internal Revenue Code of 

24 1986 (other than an employer in the plan) 

25 to be responsible for collecting contributions 
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•HR 1865 EAH 

1 to, and holding the assets of, the plan and 

2 require such trustees to implement written 

3 contribution collection procedures that are 

4 reasonable, diligent, and systematic; 

5 ‘‘(iii) provide that each employer in 

6 the plan retains fiduciary responsibility 

7 for— 

8 ‘‘(I) the selection and monitoring 

9 in accordance with section 404(a) of 

10 the person designated as the pooled 

11 plan provider and any other person 

12 who, in addition to the pooled plan 

13 provider, is designated as a named fi14 duciary of the plan; and 

15 ‘‘(II) to the extent not otherwise 

16 delegated to another fiduciary by the 

17 pooled plan provider and subject to the 

18 provisions of section 404(c), the invest19 ment and management of the portion 

20 of the plan’s assets attributable to the 

21 employees of the employer (or bene22 ficiaries of such employees); 

23 ‘‘(iv) provide that employers in the 

24 plan, and participants and beneficiaries, 

25 are not subject to unreasonable restrictions, 
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•HR 1865 EAH 

1 fees, or penalties with regard to ceasing 

2 participation, receipt of distributions, or 

3 otherwise transferring assets of the plan in 

4 accordance with section 208 or paragraph 

5 (44)(C)(i)(II); 

6 ‘‘(v) require— 

7 ‘‘(I) the pooled plan provider to 

8 provide to employers in the plan any 

9 disclosures or other information which 

10 the Secretary may require, including 

11 any disclosures or other information to 

12 facilitate the selection or any moni13 toring of the pooled plan provider by 

14 employers in the plan; and 

15 ‘‘(II) each employer in the plan to 

16 take such actions as the Secretary or 

17 the pooled plan provider determines 

18 are necessary to administer the plan or 

19 for the plan to meet any requirement 

20 applicable under this Act or the Inter21 nal Revenue Code of 1986 to a plan de22 scribed in section 401(a) of such Code 

23 or to a plan that consists of individual 

24 retirement accounts described in sec25 tion 408 of such Code (including by 
1490 

•HR 1865 EAH 

1 reason of subsection (c) thereof), which2 ever is applicable, including providing 

3 any disclosures or other information 

4 which the Secretary may require or 

5 which the pooled plan provider other6 wise determines are necessary to ad7 minister the plan or to allow the plan 

8 to meet such requirements; and 

9 ‘‘(vi) provide that any disclosure or 

10 other information required to be provided 

11 under clause (v) may be provided in elec12 tronic form and will be designed to ensure 

13 only reasonable costs are imposed on pooled 

14 plan providers and employers in the plan. 

15 ‘‘(C) EXCEPTIONS.—The term ‘pooled em16 ployer plan’ does not include— 

17 ‘‘(i) a multiemployer plan; or 

18 ‘‘(ii) a plan established before the date 

19 of the enactment of the Setting Every Com20 munity Up for Retirement Enhancement 

21 Act of 2019 unless the plan administrator 

22 elects that the plan will be treated as a 

23 pooled employer plan and the plan meets 

24 the requirements of this title applicable to a 
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•HR 1865 EAH 

1 pooled employer plan established on or after 

2 such date. 

3 ‘‘(D) TREATMENT OF EMPLOYERS AS PLAN

4 SPONSORS.—Except with respect to the adminis5 trative duties of the pooled plan provider de6 scribed in paragraph (44)(A)(i), each employer 

7 in a pooled employer plan shall be treated as the 

8 plan sponsor with respect to the portion of the 

9 plan attributable to employees of such employer 

10 (or beneficiaries of such employees). 

11 ‘‘(44) POOLED PLAN PROVIDER.— 

12 ‘‘(A) IN GENERAL.—The term ‘pooled plan 

13 provider’ means a person who— 

14 ‘‘(i) is designated by the terms of a 

15 pooled employer plan as a named fiduciary, 

16 as the plan administrator, and as the per17 son responsible for the performance of all 

18 administrative duties (including conducting 

19 proper testing with respect to the plan and 

20 the employees of each employer in the plan) 

21 which are reasonably necessary to ensure 

22 that— 

23 ‘‘(I) the plan meets any require24 ment applicable under this Act or the 

25 Internal Revenue Code of 1986 to a 
1492 

•HR 1865 EAH 

1 plan described in section 401(a) of 

2 such Code or to a plan that consists of 

3 individual retirement accounts de4 scribed in section 408 of such Code (in5 cluding by reason of subsection (c) 

6 thereof), whichever is applicable; and 

7 ‘‘(II) each employer in the plan 

8 takes such actions as the Secretary or 

9 pooled plan provider determines are 

10 necessary for the plan to meet the re11 quirements described in subclause (I), 

12 including providing the disclosures and 

13 information described in paragraph 

14 (43)(B)(v)(II); 

15 ‘‘(ii) registers as a pooled plan pro16 vider with the Secretary, and provides to 

17 the Secretary such other information as the 

18 Secretary may require, before beginning op19 erations as a pooled plan provider; 

20 ‘‘(iii) acknowledges in writing that 

21 such person is a named fiduciary, and the 

22 plan administrator, with respect to the 

23 pooled employer plan; and 

24 ‘‘(iv) is responsible for ensuring that 

25 all persons who handle assets of, or who are 
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•HR 1865 EAH 

1 fiduciaries of, the pooled employer plan are 

2 bonded in accordance with section 412. 

3 ‘‘(B) AUDITS, EXAMINATIONS AND INVES4 TIGATIONS.—The Secretary may perform audits, 

5 examinations, and investigations of pooled plan 

6 providers as may be necessary to enforce and 

7 carry out the purposes of this paragraph and 

8 paragraph (43). 

9 ‘‘(C) GUIDANCE.—The Secretary shall issue 

10 such guidance as the Secretary determines ap11 propriate to carry out this paragraph and para12 graph (43), including guidance— 

13 ‘‘(i) to identify the administrative du14 ties and other actions required to be per15 formed by a pooled plan provider under ei16 ther such paragraph; and 

17 ‘‘(ii) which requires in appropriate 

18 cases that if an employer in the plan fails 

19 to take the actions required under subpara20 graph (A)(i)(II)— 

21 ‘‘(I) the assets of the plan attrib22 utable to employees of such employer 

23 (or beneficiaries of such employees) are 

24 transferred to a plan maintained only 

25 by such employer (or its successor), to 
1494 

•HR 1865 EAH 

1 an eligible retirement plan as defined 

2 in section 402(c)(8)(B) of the Internal 

3 Revenue Code of 1986 for each indi4 vidual whose account is transferred, or 

5 to any other arrangement that the Sec6 retary determines is appropriate in 

7 such guidance; and 

8 ‘‘(II) such employer (and not the 

9 plan with respect to which the failure 

10 occurred or any other employer in such 

11 plan) shall, except to the extent pro12 vided in such guidance, be liable for 

13 any liabilities with respect to such 

14 plan attributable to employees of such 

15 employer (or beneficiaries of such em16 ployees). 

17 The Secretary shall take into account under 

18 clause (ii) whether the failure of an em19 ployer or pooled plan provider to provide 

20 any disclosures or other information, or to 

21 take any other action, necessary to admin22 ister a plan or to allow a plan to meet re23 quirements described in subparagraph 

24 (A)(i)(II) has continued over a period of 

25 time that demonstrates a lack of commit-
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•HR 1865 EAH 

1 ment to compliance. The Secretary may 

2 waive the requirements of subclause (ii)(I) 

3 in appropriate circumstances if the Sec4 retary determines it is in the best interests 

5 of the employees of the employer referred to 

6 in such clause (and the beneficiaries of such 

7 employees) to retain the assets in the plan 

8 with respect to which the employer’s failure 

9 occurred. 

10 ‘‘(D) GOOD FAITH COMPLIANCE WITH LAW

11 BEFORE GUIDANCE.—An employer or pooled 

12 plan provider shall not be treated as failing to 

13 meet a requirement of guidance issued by the 

14 Secretary under subparagraph (C) if, before the 

15 issuance of such guidance, the employer or pooled 

16 plan provider complies in good faith with a rea17 sonable interpretation of the provisions of this 

18 paragraph, or paragraph (43), to which such 

19 guidance relates. 

20 ‘‘(E) AGGREGATION RULES.—For purposes 

21 of this paragraph, in determining whether a per22 son meets the requirements of this paragraph to 

23 be a pooled plan provider with respect to any 

24 plan, all persons who perform services for the 

25 plan and who are treated as a single employer 
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•HR 1865 EAH 

1 under subsection (b), (c), (m), or (o) of section 

2 414 of the Internal Revenue Code of 1986 shall 

3 be treated as one person.’’. 

4 (2) BONDING REQUIREMENTS FOR POOLED EM5 PLOYER PLANS.—The last sentence of section 412(a) 

6 of the Employee Retirement Income Security Act of 

7 1974 (29 U.S.C. 1112(a)) is amended by inserting 

8 ‘‘or in the case of a pooled employer plan (as defined 

9 in section 3(43))’’ after ‘‘section 407(d)(1))’’. 

10 (3) CONFORMING AND TECHNICAL AMEND11 MENTS.—Section 3 of the Employee Retirement In12 come Security Act of 1974 (29 U.S.C. 1002) is 

13 amended— 

14 (A) in paragraph (16)(B)— 

15 (i) by striking ‘‘or’’ at the end of clause 

16 (ii); and 

17 (ii) by striking the period at the end 

18 and inserting ‘‘, or (iv) in the case of a 

19 pooled employer plan, the pooled plan pro20 vider.’’; and 

21 (B) by striking the second paragraph (41). 

22 (d) POOLED EMPLOYER AND MULTIPLE EMPLOYER

23 PLAN REPORTING.— 
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•HR 1865 EAH 

1 (1) ADDITIONAL INFORMATION.—Section 103 of 

2 the Employee Retirement Income Security Act of 

3 1974 (29 U.S.C. 1023) is amended— 

4 (A) in subsection (a)(1)(B), by striking 

5 ‘‘applicable subsections (d), (e), and (f)’’ and in6 serting ‘‘applicable subsections (d), (e), (f), and 

7 (g)’’; and 

8 (B) by amending subsection (g) to read as 

9 follows: 

10 ‘‘(g) ADDITIONAL INFORMATION WITH RESPECT TO

11 POOLED EMPLOYER AND MULTIPLE EMPLOYER PLANS.— 

12 An annual report under this section for a plan year shall 

13 include— 

14 ‘‘(1) with respect to any plan to which section 

15 210(a) applies (including a pooled employer plan), a 

16 list of employers in the plan and a good faith esti17 mate of the percentage of total contributions made by 

18 such employers during the plan year and the aggre19 gate account balances attributable to each employer in 

20 the plan (determined as the sum of the account bal21 ances of the employees of such employer (and the 

22 beneficiaries of such employees)); and 

23 ‘‘(2) with respect to a pooled employer plan, the 

24 identifying information for the person designated 
1498 

•HR 1865 EAH 

1 under the terms of the plan as the pooled plan pro2 vider.’’. 

3 (2) SIMPLIFIED ANNUAL REPORTS.—Section 

4 104(a) of the Employee Retirement Income Security 

5 Act of 1974 (29 U.S.C. 1024(a)) is amended by strik6 ing paragraph (2)(A) and inserting the following: 

7 ‘‘(2)(A) With respect to annual reports required to be 

8 filed with the Secretary under this part, the Secretary may 

9 by regulation prescribe simplified annual reports for any 

10 pension plan that— 

11 ‘‘(i) covers fewer than 100 participants; or 

12 ‘‘(ii) is a plan described in section 210(a) that 

13 covers fewer than 1,000 participants, but only if no 

14 single employer in the plan has 100 or more partici15 pants covered by the plan.’’. 

16 (e) EFFECTIVE DATE.— 

17 (1) IN GENERAL.—The amendments made by 

18 this section shall apply to plan years beginning after 

19 December 31, 2020. 

20 (2) RULE OF CONSTRUCTION.—Nothing in the 

21 amendments made by subsection (a) shall be con22 strued as limiting the authority of the Secretary of 

23 the Treasury or the Secretary’s delegate (determined 

24 without regard to such amendment) to provide for the 

25 proper treatment of a failure to meet any requirement 
1499 

•HR 1865 EAH 

1 applicable under the Internal Revenue Code of 1986 

2 with respect to one employer (and its employees) in 

3 a multiple employer plan. 

4 SEC. 102. INCREASE IN 10 PERCENT CAP FOR AUTOMATIC 

5 ENROLLMENT SAFE HARBOR AFTER 1ST PLAN 

6 YEAR. 

7 (a) IN GENERAL.—Section 401(k)(13)(C)(iii) of the 

8 Internal Revenue Code of 1986 is amended by striking ‘‘does 

9 not exceed 10 percent’’ and inserting ‘‘does not exceed 15 

10 percent (10 percent during the period described in subclause 

11 (I))’’. 

12 (b) EFFECTIVE DATE.—The amendments made by this 

13 section shall apply to plan years beginning after December 

14 31, 2019. 

15 SEC. 103. RULES RELATING TO ELECTION OF SAFE HARBOR 

16 401(k) STATUS. 

17 (a) LIMITATION OF ANNUAL SAFE HARBOR NOTICE TO

18 MATCHING CONTRIBUTION PLANS.— 

19 (1) IN GENERAL.—Subparagraph (A) of section 

20 401(k)(12) of the Internal Revenue Code of 1986 is 

21 amended by striking ‘‘if such arrangement’’ and all 

22 that follows and inserting ‘‘if such arrangement— 

23 ‘‘(i) meets the contribution require24 ments of subparagraph (B) and the notice 

25 requirements of subparagraph (D), or 
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1 ‘‘(ii) meets the contribution require2 ments of subparagraph (C).’’. 

3 (2) AUTOMATIC CONTRIBUTION ARRANGE4 MENTS.—Subparagraph (B) of section 401(k)(13) of 

5 such Code is amended by striking ‘‘means’’ and all 

6 that follows and inserting ‘‘means a cash or deferred 

7 arrangement— 

8 ‘‘(i) which is described in subpara9 graph (D)(i)(I) and meets the applicable re10 quirements of subparagraphs (C) through 

11 (E), or 

12 ‘‘(ii) which is described in subpara13 graph (D)(i)(II) and meets the applicable 

14 requirements of subparagraphs (C) and 

15 (D).’’. 

16 (b) NONELECTIVE CONTRIBUTIONS.—Section 

17 401(k)(12) of the Internal Revenue Code of 1986 is amended 

18 by redesignating subparagraph (F) as subparagraph (G), 

19 and by inserting after subparagraph (E) the following new 

20 subparagraph: 

21 ‘‘(F) TIMING OF PLAN AMENDMENT FOR EM22 PLOYER MAKING NONELECTIVE CONTRIBU23 TIONS.— 

24 ‘‘(i) IN GENERAL.—Except as provided 

25 in clause (ii), a plan may be amended after 
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•HR 1865 EAH 

1 the beginning of a plan year to provide that 

2 the requirements of subparagraph (C) shall 

3 apply to the arrangement for the plan year, 

4 but only if the amendment is adopted— 

5 ‘‘(I) at any time before the 30th 

6 day before the close of the plan year, or 

7 ‘‘(II) at any time before the last 

8 day under paragraph (8)(A) for dis9 tributing excess contributions for the 

10 plan year. 

11 ‘‘(ii) EXCEPTION WHERE PLAN PRO12 VIDED FOR MATCHING CONTRIBUTIONS.— 

13 Clause (i) shall not apply to any plan year 

14 if the plan provided at any time during the 

15 plan year that the requirements of subpara16 graph (B) or paragraph (13)(D)(i)(I) ap17 plied to the plan year. 

18 ‘‘(iii) 4-PERCENT CONTRIBUTION RE19 QUIREMENT.—Clause (i)(II) shall not apply 

20 to an arrangement unless the amount of the 

21 contributions described in subparagraph (C) 

22 which the employer is required to make 

23 under the arrangement for the plan year 

24 with respect to any employee is an amount 
1502 

•HR 1865 EAH 

1 equal to at least 4 percent of the employee’s 

2 compensation.’’. 

3 (c) AUTOMATIC CONTRIBUTION ARRANGEMENTS.— 

4 Section 401(k)(13) of the Internal Revenue Code of 1986 

5 is amended by adding at the end the following: 

6 ‘‘(F) TIMING OF PLAN AMENDMENT FOR EM7 PLOYER MAKING NONELECTIVE CONTRIBU8 TIONS.— 

9 ‘‘(i) IN GENERAL.—Except as provided 

10 in clause (ii), a plan may be amended after 

11 the beginning of a plan year to provide that 

12 the requirements of subparagraph (D)(i)(II) 

13 shall apply to the arrangement for the plan 

14 year, but only if the amendment is adopt15 ed— 

16 ‘‘(I) at any time before the 30th 

17 day before the close of the plan year, or 

18 ‘‘(II) at any time before the last 

19 day under paragraph (8)(A) for dis20 tributing excess contributions for the 

21 plan year. 

22 ‘‘(ii) EXCEPTION WHERE PLAN PRO23 VIDED FOR MATCHING CONTRIBUTIONS.— 

24 Clause (i) shall not apply to any plan year 

25 if the plan provided at any time during the 
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•HR 1865 EAH 

1 plan year that the requirements of subpara2 graph (D)(i)(I) or paragraph (12)(B) ap3 plied to the plan year. 

4 ‘‘(iii) 4-PERCENT CONTRIBUTION RE5 QUIREMENT.—Clause (i)(II) shall not apply 

6 to an arrangement unless the amount of the 

7 contributions described in subparagraph 

8 (D)(i)(II) which the employer is required to 

9 make under the arrangement for the plan 

10 year with respect to any employee is an 

11 amount equal to at least 4 percent of the 

12 employee’s compensation.’’. 

13 (d) EFFECTIVE DATE.—The amendments made by this 

14 section shall apply to plan years beginning after December 

15 31, 2019. 

16 SEC. 104. INCREASE IN CREDIT LIMITATION FOR SMALL EM17 PLOYER PENSION PLAN STARTUP COSTS. 

18 (a) IN GENERAL.—Paragraph (1) of section 45E(b) of 

19 the Internal Revenue Code of 1986 is amended to read as 

20 follows: 

21 ‘‘(1) for the first credit year and each of the 2 

22 taxable years immediately following the first credit 

23 year, the greater of— 

24 ‘‘(A) $500, or 

25 ‘‘(B) the lesser of— 
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•HR 1865 EAH 

1 ‘‘(i) $250 for each employee of the eli2 gible employer who is not a highly com3 pensated employee (as defined in section 

4 414(q)) and who is eligible to participate in 

5 the eligible employer plan maintained by 

6 the eligible employer, or 

7 ‘‘(ii) $5,000, and’’. 

8 (b) EFFECTIVE DATE.—The amendment made by this 

9 section shall apply to taxable years beginning after Decem10 ber 31, 2019. 

11 SEC. 105. SMALL EMPLOYER AUTOMATIC ENROLLMENT 

12 CREDIT. 

13 (a) IN GENERAL.—Subpart D of part IV of subchapter 

14 A of chapter 1 of the Internal Revenue Code of 1986 is 

15 amended by adding at the end the following new section: 

16 ‘‘SEC. 45T. AUTO-ENROLLMENT OPTION FOR RETIREMENT 

17 SAVINGS OPTIONS PROVIDED BY SMALL EM18 PLOYERS. 

19 ‘‘(a) IN GENERAL.—For purposes of section 38, in the 

20 case of an eligible employer, the retirement auto-enrollment 

21 credit determined under this section for any taxable year 

22 is an amount equal to— 

23 ‘‘(1) $500 for any taxable year occurring during 

24 the credit period, and 

25 ‘‘(2) zero for any other taxable year. 
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•HR 1865 EAH 

1 ‘‘(b) CREDIT PERIOD.—For purposes of subsection 

2 (a)— 

3 ‘‘(1) IN GENERAL.—The credit period with re4 spect to any eligible employer is the 3-taxable-year 

5 period beginning with the first taxable year for which 

6 the employer includes an eligible automatic contribu7 tion arrangement (as defined in section 414(w)(3)) in 

8 a qualified employer plan (as defined in section 

9 4972(d)) sponsored by the employer. 

10 ‘‘(2) MAINTENANCE OF ARRANGEMENT.—No tax11 able year with respect to an employer shall be treated 

12 as occurring within the credit period unless the ar13 rangement described in paragraph (1) is included in 

14 the plan for such year. 

15 ‘‘(c) ELIGIBLE EMPLOYER.—For purposes of this sec16 tion, the term ‘eligible employer’ has the meaning given 

17 such term in section 408(p)(2)(C)(i).’’. 

18 (b) CREDIT TO BE PART OF GENERAL BUSINESS

19 CREDIT.—Subsection (b) of section 38 of the Internal Rev20 enue Code of 1986 is amended by striking ‘‘plus’’ at the 

21 end of paragraph (31), by striking the period at the end 

22 of paragraph (32) and inserting ‘‘, plus’’, and by adding 

23 at the end the following new paragraph: 
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•HR 1865 EAH 

1 ‘‘(33) in the case of an eligible employer (as de2 fined in section 45T(c)), the retirement auto-enroll3 ment credit determined under section 45T(a).’’. 

4 (c) CLERICAL AMENDMENT.—The table of sections for 

5 subpart D of part IV of subchapter A of chapter 1 of the 

6 Internal Revenue Code of 1986 is amended by inserting 

7 after the item relating to section 45S the following new 

8 item: 

‘‘Sec. 45T. Auto-enrollment option for retirement savings options provided by 

small employers.’’. 

9 (d) EFFECTIVE DATE.—The amendments made by this 

10 section shall apply to taxable years beginning after Decem11 ber 31, 2019. 

12 SEC. 106. CERTAIN TAXABLE NON-TUITION FELLOWSHIP 

13 AND STIPEND PAYMENTS TREATED AS COM14 PENSATION FOR IRA PURPOSES. 

15 (a) IN GENERAL.—Paragraph (1) of section 219(f) of 

16 the Internal Revenue Code of 1986 is amended by adding 

17 at the end the following: ‘‘The term ‘compensation’ shall in18 clude any amount which is included in the individual’s 

19 gross income and paid to the individual to aid the indi20 vidual in the pursuit of graduate or postdoctoral study.’’. 

21 (b) EFFECTIVE DATE.—The amendment made by this 

22 section shall apply to taxable years beginning after Decem23 ber 31, 2019. 
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1 SEC. 107. REPEAL OF MAXIMUM AGE FOR TRADITIONAL IRA 

2 CONTRIBUTIONS. 

3 (a) IN GENERAL.—Paragraph (1) of section 219(d) of 

4 the Internal Revenue Code of 1986 is repealed. 

5 (b) COORDINATION WITH QUALIFIED CHARITABLE

6 DISTRIBUTIONS.—Add at the end of section 408(d)(8)(A) 

7 of such Code the following: ‘‘The amount of distributions 

8 not includible in gross income by reason of the preceding 

9 sentence for a taxable year (determined without regard to 

10 this sentence) shall be reduced (but not below zero) by an 

11 amount equal to the excess of— 

12 ‘‘(i) the aggregate amount of deduc13 tions allowed to the taxpayer under section 

14 219 for all taxable years ending on or after 

the date the taxpayer attains age 701 15 ⁄2, over 

16 ‘‘(ii) the aggregate amount of reduc17 tions under this sentence for all taxable 

18 years preceding the current taxable year.’’. 

19 (c) CONFORMING AMENDMENT.—Subsection (c) of sec20 tion 408A of the Internal Revenue Code of 1986 is amended 

21 by striking paragraph (4) and by redesignating paragraphs 

22 (5), (6), and (7) as paragraphs (4), (5), and (6), respec23 tively. 

24 (d) EFFECTIVE DATE.— 

25 (1) IN GENERAL.—Except as provided in para26 graph (2), the amendments made by this section shall 
1508 

•HR 1865 EAH 

1 apply to contributions made for taxable years begin2 ning after December 31, 2019. 

3 (2) SUBSECTION (b).—The amendment made by 

4 subsection (b) shall apply to distributions made for 

5 taxable years beginning after December 31, 2019. 

6 SEC. 108. QUALIFIED EMPLOYER PLANS PROHIBITED FROM 

7 MAKING LOANS THROUGH CREDIT CARDS 

8 AND OTHER SIMILAR ARRANGEMENTS. 

9 (a) IN GENERAL.—Paragraph (2) of section 72(p) of 

10 the Internal Revenue Code of 1986 is amended by redesig11 nating subparagraph (D) as subparagraph (E) and by in12 serting after subparagraph (C) the following new subpara13 graph: 

14 ‘‘(D) PROHIBITION OF LOANS THROUGH

15 CREDIT CARDS AND OTHER SIMILAR ARRANGE16 MENTS.—Subparagraph (A) shall not apply to 

17 any loan which is made through the use of any 

18 credit card or any other similar arrangement.’’. 

19 (b) EFFECTIVE DATE.—The amendments made by sub20 section (a) shall apply to loans made after the date of the 

21 enactment of this Act. 

22 SEC. 109. PORTABILITY OF LIFETIME INCOME OPTIONS. 

23 (a) IN GENERAL.—Subsection (a) of section 401 of the 

24 Internal Revenue Code of 1986 is amended by inserting 

25 after paragraph (37) the following new paragraph: 
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•HR 1865 EAH 

1 ‘‘(38) PORTABILITY OF LIFETIME INCOME.— 

2 ‘‘(A) IN GENERAL.—Except as may be oth3 erwise provided by regulations, a trust forming 

4 part of a defined contribution plan shall not be 

5 treated as failing to constitute a qualified trust 

6 under this section solely by reason of allowing— 

7 ‘‘(i) qualified distributions of a life8 time income investment, or 

9 ‘‘(ii) distributions of a lifetime income 

10 investment in the form of a qualified plan 

11 distribution annuity contract, 

12 on or after the date that is 90 days prior to the 

13 date on which such lifetime income investment is 

14 no longer authorized to be held as an investment 

15 option under the plan. 

16 ‘‘(B) DEFINITIONS.—For purposes of this 

17 subsection— 

18 ‘‘(i) the term ‘qualified distribution’ 

19 means a direct trustee-to-trustee transfer de20 scribed in paragraph (31)(A) to an eligible 

21 retirement plan (as defined in section 

22 402(c)(8)(B)), 

23 ‘‘(ii) the term ‘lifetime income invest24 ment’ means an investment option which is 
1510 

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1 designed to provide an employee with elec2 tion rights— 

3 ‘‘(I) which are not uniformly 

4 available with respect to other invest5 ment options under the plan, and 

6 ‘‘(II) which are to a lifetime in7 come feature available through a con8 tract or other arrangement offered 

9 under the plan (or under another eligi10 ble retirement plan (as so defined), if 

11 paid by means of a direct trustee-to12 trustee transfer described in paragraph 

13 (31)(A) to such other eligible retire14 ment plan), 

15 ‘‘(iii) the term ‘lifetime income feature’ 

16 means— 

17 ‘‘(I) a feature which guarantees a 

18 minimum level of income annually (or 

19 more frequently) for at least the re20 mainder of the life of the employee or 

21 the joint lives of the employee and the 

22 employee’s designated beneficiary, or 

23 ‘‘(II) an annuity payable on be24 half of the employee under which pay25 ments are made in substantially equal 
1511 

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1 periodic payments (not less frequently 

2 than annually) over the life of the em3 ployee or the joint lives of the employee 

4 and the employee’s designated bene5 ficiary, and 

6 ‘‘(iv) the term ‘qualified plan distribu7 tion annuity contract’ means an annuity 

8 contract purchased for a participant and 

9 distributed to the participant by a plan or 

10 contract described in subparagraph (B) of 

11 section 402(c)(8) (without regard to clauses 

12 (i) and (ii) thereof).’’. 

13 (b) CASH OR DEFERRED ARRANGEMENT.— 

14 (1) IN GENERAL.—Clause (i) of section 

15 401(k)(2)(B) of the Internal Revenue Code of 1986 is 

16 amended by striking ‘‘or’’ at the end of subclause 

17 (IV), by striking ‘‘and’’ at the end of subclause (V) 

18 and inserting ‘‘or’’, and by adding at the end the fol19 lowing new subclause: 

20 ‘‘(VI) except as may be otherwise 

21 provided by regulations, with respect to 

22 amounts invested in a lifetime income 

23 investment (as defined in subsection 

24 (a)(38)(B)(ii)), the date that is 90 

25 days prior to the date that such life-
1512 

•HR 1865 EAH 

1 time income investment may no longer 

2 be held as an investment option under 

3 the arrangement, and’’. 

4 (2) DISTRIBUTION REQUIREMENT.—Subpara5 graph (B) of section 401(k)(2) of such Code, as 

6 amended by paragraph (1), is amended by striking 

7 ‘‘and’’ at the end of clause (i), by striking the semi8 colon at the end of clause (ii) and inserting ‘‘, and’’, 

9 and by adding at the end the following new clause: 

10 ‘‘(iii) except as may be otherwise pro11 vided by regulations, in the case of amounts 

12 described in clause (i)(VI), will be distrib13 uted only in the form of a qualified dis14 tribution (as defined in subsection 

15 (a)(38)(B)(i)) or a qualified plan distribu16 tion annuity contract (as defined in sub17 section (a)(38)(B)(iv)),’’. 

18 (c) SECTION 403(b) PLANS.— 

19 (1) ANNUITY CONTRACTS.—Paragraph (11) of 

20 section 403(b) of the Internal Revenue Code of 1986 

21 is amended by striking ‘‘or’’ at the end of subpara22 graph (B), by striking the period at the end of sub23 paragraph (C) and inserting ‘‘, or’’, and by inserting 

24 after subparagraph (C) the following new subpara25 graph: 
1513 

•HR 1865 EAH 

1 ‘‘(D) except as may be otherwise provided 

2 by regulations, with respect to amounts invested 

3 in a lifetime income investment (as defined in 

4 section 401(a)(38)(B)(ii))— 

5 ‘‘(i) on or after the date that is 90 

6 days prior to the date that such lifetime in7 come investment may no longer be held as 

8 an investment option under the contract, 

9 and 

10 ‘‘(ii) in the form of a qualified dis11 tribution (as defined in section 

12 401(a)(38)(B)(i)) or a qualified plan dis13 tribution annuity contract (as defined in 

14 section 401(a)(38)(B)(iv)).’’. 

15 (2) CUSTODIAL ACCOUNTS.—Subparagraph (A) 

16 of section 403(b)(7) of such Code is amended by strik17 ing ‘‘if—’’ and all that follows and inserting ‘‘if the 

18 amounts are to be invested in regulated investment 

19 company stock to be held in that custodial account, 

20 and under the custodial account— 

21 ‘‘(i) no such amounts may be paid or 

22 made available to any distributee (unless 

23 such amount is a distribution to which sec24 tion 72(t)(2)(G) applies) before— 

25 ‘‘(I) the employee dies, 
1514 

•HR 1865 EAH 

1 ‘‘(II) the employee attains age 

591 2 ⁄2, 

3 ‘‘(III) the employee has a sever4 ance from employment, 

5 ‘‘(IV) the employee becomes dis6 abled (within the meaning of section 

7 72(m)(7)), 

8 ‘‘(V) in the case of contributions 

9 made pursuant to a salary reduction 

10 agreement (within the meaning of sec11 tion 3121(a)(5)(D)), the employee en12 counters financial hardship, or 

13 ‘‘(VI) except as may be otherwise 

14 provided by regulations, with respect to 

15 amounts invested in a lifetime income 

16 investment (as defined in section 

17 401(a)(38)(B)(ii)), the date that is 90 

18 days prior to the date that such life19 time income investment may no longer 

20 be held as an investment option under 

21 the contract, and 

22 ‘‘(ii) in the case of amounts described 

23 in clause (i)(VI), such amounts will be dis24 tributed only in the form of a qualified dis25 tribution (as defined in section 
1515 

•HR 1865 EAH 

1 401(a)(38)(B)(i)) or a qualified plan dis2 tribution annuity contract (as defined in 

3 section 401(a)(38)(B)(iv)).’’. 

4 (d) ELIGIBLE DEFERRED COMPENSATION PLANS.— 

5 (1) IN GENERAL.—Subparagraph (A) of section 

6 457(d)(1) of the Internal Revenue Code of 1986 is 

7 amended by striking ‘‘or’’ at the end of clause (ii), by 

8 inserting ‘‘or’’ at the end of clause (iii), and by add9 ing after clause (iii) the following: 

10 ‘‘(iv) except as may be otherwise pro11 vided by regulations, in the case of a plan 

12 maintained by an employer described in 

13 subsection (e)(1)(A), with respect to 

14 amounts invested in a lifetime income in15 vestment (as defined in section 

16 401(a)(38)(B)(ii)), the date that is 90 days 

17 prior to the date that such lifetime income 

18 investment may no longer be held as an in19 vestment option under the plan,’’. 

20 (2) DISTRIBUTION REQUIREMENT.—Paragraph 

21 (1) of section 457(d) of such Code is amended by 

22 striking ‘‘and’’ at the end of subparagraph (B), by 

23 striking the period at the end of subparagraph (C) 

24 and inserting ‘‘, and’’, and by inserting after sub25 paragraph (C) the following new subparagraph: 
1516 

•HR 1865 EAH 

1 ‘‘(D) except as may be otherwise provided 

2 by regulations, in the case of amounts described 

3 in subparagraph (A)(iv), such amounts will be 

4 distributed only in the form of a qualified dis5 tribution (as defined in section 401(a)(38)(B)(i)) 

6 or a qualified plan distribution annuity contract 

7 (as defined in section 401(a)(38)(B)(iv)).’’. 

8 (e) EFFECTIVE DATE.—The amendments made by this 

9 section shall apply to plan years beginning after December 

10 31, 2019. 

11 SEC. 110. TREATMENT OF CUSTODIAL ACCOUNTS ON TER12 MINATION OF SECTION 403(b) PLANS. 

13 Not later than six months after the date of enactment 

14 of this Act, the Secretary of the Treasury shall issue guid15 ance to provide that, if an employer terminates the plan 

16 under which amounts are contributed to a custodial account 

17 under subparagraph (A) of section 403(b)(7), the plan ad18 ministrator or custodian may distribute an individual cus19 todial account in kind to a participant or beneficiary of 

20 the plan and the distributed custodial account shall be 

21 maintained by the custodian on a tax-deferred basis as a 

22 section 403(b)(7) custodial account, similar to the treatment 

23 of fully-paid individual annuity contracts under Revenue 

24 Ruling 2011–7, until amounts are actually paid to the par25 ticipant or beneficiary. The guidance shall provide further 
1517 

•HR 1865 EAH 

1 (i) that the section 403(b)(7) status of the distributed custo2 dial account is generally maintained if the custodial ac3 count thereafter adheres to the requirements of section 

4 403(b) that are in effect at the time of the distribution of 

5 the account and (ii) that a custodial account would not be 

6 considered distributed to the participant or beneficiary if 

7 the employer has any material retained rights under the 

8 account (but the employer would not be treated as retaining 

9 material rights simply because the custodial account was 

10 originally opened under a group contract). Such guidance 

11 shall be retroactively effective for taxable years beginning 

12 after December 31, 2008. 

13 SEC. 111. CLARIFICATION OF RETIREMENT INCOME AC14 COUNT RULES RELATING TO CHURCH-CON15 TROLLED ORGANIZATIONS. 

16 (a) IN GENERAL.—Subparagraph (B) of section 

17 403(b)(9) of the Internal Revenue Code of 1986 is amended 

18 by inserting ‘‘(including an employee described in section 

19 414(e)(3)(B))’’ after ‘‘employee described in paragraph 

20 (1)’’. 

21 (b) EFFECTIVE DATE.—The amendment made by this 

22 section shall apply to years beginning before, on, or after 

23 the date of the enactment of this Act. 
1518 

•HR 1865 EAH 

1 SEC. 112. QUALIFIED CASH OR DEFERRED ARRANGEMENTS 

2 MUST ALLOW LONG-TERM EMPLOYEES WORK3 ING MORE THAN 500 BUT LESS THAN 1,000 

4 HOURS PER YEAR TO PARTICIPATE. 

5 (a) PARTICIPATION REQUIREMENT.— 

6 (1) IN GENERAL.—Section 401(k)(2)(D) of the 

7 Internal Revenue Code of 1986 is amended to read as 

8 follows: 

9 ‘‘(D) which does not require, as a condition 

10 of participation in the arrangement, that an em11 ployee complete a period of service with the em12 ployer (or employers) maintaining the plan ex13 tending beyond the close of the earlier of— 

14 ‘‘(i) the period permitted under section 

15 410(a)(1) (determined without regard to 

16 subparagraph (B)(i) thereof), or 

17 ‘‘(ii) subject to the provisions of para18 graph (15), the first period of 3 consecutive 

19 12-month periods during each of which the 

20 employee has at least 500 hours of service.’’. 

21 (2) SPECIAL RULES.—Section 401(k) of such 

22 Code is amended by adding at the end the following 

23 new paragraph: 

24 ‘‘(15) SPECIAL RULES FOR PARTICIPATION RE25 QUIREMENT FOR LONG-TERM, PART-TIME WORKERS.— 

26 For purposes of paragraph (2)(D)(ii)— 
1519 

•HR 1865 EAH 

1 ‘‘(A) AGE REQUIREMENT MUST BE MET.— 

2 Paragraph (2)(D)(ii) shall not apply to an em3 ployee unless the employee has met the require4 ment of section 410(a)(1)(A)(i) by the close of the 

5 last of the 12-month periods described in such 

6 paragraph. 

7 ‘‘(B) NONDISCRIMINATION AND TOP-HEAVY

8 RULES NOT TO APPLY.— 

9 ‘‘(i) NONDISCRIMINATION RULES.—In 

10 the case of employees who are eligible to 

11 participate in the arrangement solely by 

12 reason of paragraph (2)(D)(ii)— 

13 ‘‘(I) notwithstanding subsection 

14 (a)(4), an employer shall not be re15 quired to make nonelective or matching 

16 contributions on behalf of such employ17 ees even if such contributions are made 

18 on behalf of other employees eligible to 

19 participate in the arrangement, and 

20 ‘‘(II) an employer may elect to ex21 clude such employees from the applica22 tion of subsection (a)(4), paragraphs 

23 (3), (12), and (13), subsection (m)(2), 

24 and section 410(b). 
1520 

•HR 1865 EAH 

1 ‘‘(ii) TOP-HEAVY RULES.—An em2 ployer may elect to exclude all employees 

3 who are eligible to participate in a plan 

4 maintained by the employer solely by rea5 son of paragraph (2)(D)(ii) from the appli6 cation of the vesting and benefit require7 ments under subsections (b) and (c) of sec8 tion 416. 

9 ‘‘(iii) VESTING.—For purposes of de10 termining whether an employee described in 

11 clause (i) has a nonforfeitable right to em12 ployer contributions (other than contribu13 tions described in paragraph (3)(D)(i)) 

14 under the arrangement, each 12-month pe15 riod for which the employee has at least 500 

16 hours of service shall be treated as a year of 

17 service, and section 411(a)(6) shall be ap18 plied by substituting ‘at least 500 hours of 

19 service’ for ‘more than 500 hours of service’ 

20 in subparagraph (A) thereof. 

21 ‘‘(iv) EMPLOYEES WHO BECOME FULL22 TIME EMPLOYEES.—This subparagraph 

23 (other than clause (iii)) shall cease to apply 

24 to any employee as of the first plan year be25 ginning after the plan year in which the 
1521 

•HR 1865 EAH 

1 employee meets the requirements of section 

2 410(a)(1)(A)(ii) without regard to para3 graph (2)(D)(ii). 

4 ‘‘(C) EXCEPTION FOR EMPLOYEES UNDER

5 COLLECTIVELY BARGAINED PLANS, ETC.—Para6 graph (2)(D)(ii) shall not apply to employees de7 scribed in section 410(b)(3). 

8 ‘‘(D) SPECIAL RULES.— 

9 ‘‘(i) TIME OF PARTICIPATION.—The 

10 rules of section 410(a)(4) shall apply to an 

11 employee eligible to participate in an ar12 rangement solely by reason of paragraph 

13 (2)(D)(ii). 

14 ‘‘(ii) 12-MONTH PERIODS.—12-month 

15 periods shall be determined in the same 

16 manner as under the last sentence of section 

17 410(a)(3)(A).’’. 

18 (b) EFFECTIVE DATE.—The amendments made by this 

19 section shall apply to plan years beginning after December 

20 31, 2020, except that, for purposes of section 

21 401(k)(2)(D)(ii) of the Internal Revenue Code of 1986 (as 

22 added by such amendments), 12-month periods beginning 

23 before January 1, 2021, shall not be taken into account. 
1522 

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1 SEC. 113. PENALTY-FREE WITHDRAWALS FROM RETIRE2 MENT PLANS FOR INDIVIDUALS IN CASE OF 

3 BIRTH OF CHILD OR ADOPTION. 

4 (a) IN GENERAL.—Section 72(t)(2) of the Internal 

5 Revenue Code of 1986 is amended by adding at the end 

6 the following new subparagraph: 

7 ‘‘(H) DISTRIBUTIONS FROM RETIREMENT

8 PLANS IN CASE OF BIRTH OF CHILD OR ADOP9 TION.— 

10 ‘‘(i) IN GENERAL.—Any qualified birth 

11 or adoption distribution. 

12 ‘‘(ii) LIMITATION.—The aggregate 

13 amount which may be treated as qualified 

14 birth or adoption distributions by any indi15 vidual with respect to any birth or adoption 

16 shall not exceed $5,000. 

17 ‘‘(iii) QUALIFIED BIRTH OR ADOPTION

18 DISTRIBUTION.—For purposes of this sub19 paragraph— 

20 ‘‘(I) IN GENERAL.—The term 

21 ‘qualified birth or adoption distribu22 tion’ means any distribution from an 

23 applicable eligible retirement plan to 

24 an individual if made during the 1- 

25 year period beginning on the date on 

26 which a child of the individual is born 
1523 

•HR 1865 EAH 

1 or on which the legal adoption by the 

2 individual of an eligible adoptee is fi3 nalized. 

4 ‘‘(II) ELIGIBLE ADOPTEE.—The 

5 term ‘eligible adoptee’ means any indi6 vidual (other than a child of the tax7 payer’s spouse) who has not attained 

8 age 18 or is physically or mentally in9 capable of self-support. 

10 ‘‘(iv) TREATMENT OF PLAN DISTRIBU11 TIONS.— 

12 ‘‘(I) IN GENERAL.—If a distribu13 tion to an individual would (without 

14 regard to clause (ii)) be a qualified 

15 birth or adoption distribution, a plan 

16 shall not be treated as failing to meet 

17 any requirement of this title merely be18 cause the plan treats the distribution 

19 as a qualified birth or adoption dis20 tribution, unless the aggregate amount 

21 of such distributions from all plans 

22 maintained by the employer (and any 

23 member of any controlled group which 

24 includes the employer) to such indi25 vidual exceeds $5,000. 
1524 

•HR 1865 EAH 

1 ‘‘(II) CONTROLLED GROUP.—For 

2 purposes of subclause (I), the term 

3 ‘controlled group’ means any group 

4 treated as a single employer under sub5 section (b), (c), (m), or (o) of section 

6 414. 

7 ‘‘(v) AMOUNT DISTRIBUTED MAY BE

8 REPAID.— 

9 ‘‘(I) IN GENERAL.—Any indi10 vidual who receives a qualified birth or 

11 adoption distribution may make one or 

12 more contributions in an aggregate 

13 amount not to exceed the amount of 

14 such distribution to an applicable eli15 gible retirement plan of which such in16 dividual is a beneficiary and to which 

17 a rollover contribution of such dis18 tribution could be made under section 

19 402(c), 403(a)(4), 403(b)(8), 408(d)(3), 

20 or 457(e)(16), as the case may be. 

21 ‘‘(II) LIMITATION ON CONTRIBU22 TIONS TO APPLICABLE ELIGIBLE RE23 TIREMENT PLANS OTHER THAN

24 IRAS.—The aggregate amount of con25 tributions made by an individual 
1525 

•HR 1865 EAH 

1 under subclause (I) to any applicable 

2 eligible retirement plan which is not 

3 an individual retirement plan shall 

4 not exceed the aggregate amount of 

5 qualified birth or adoption distribu6 tions which are made from such plan 

7 to such individual. Subclause (I) shall 

8 not apply to contributions to any ap9 plicable eligible retirement plan which 

10 is not an individual retirement plan 

11 unless the individual is eligible to 

12 make contributions (other than those 

13 described in subclause (I)) to such ap14 plicable eligible retirement plan. 

15 ‘‘(III) TREATMENT OF REPAY16 MENTS OF DISTRIBUTIONS FROM AP17 PLICABLE ELIGIBLE RETIREMENT

18 PLANS OTHER THAN IRAs.—If a con19 tribution is made under subclause (I) 

20 with respect to a qualified birth or 

21 adoption distribution from an applica22 ble eligible retirement plan other than 

23 an individual retirement plan, then 

24 the taxpayer shall, to the extent of the 

25 amount of the contribution, be treated 
1526 

•HR 1865 EAH 

1 as having received such distribution in 

2 an eligible rollover distribution (as de3 fined in section 402(c)(4)) and as hav4 ing transferred the amount to the ap5 plicable eligible retirement plan in a 

6 direct trustee to trustee transfer within 

7 60 days of the distribution. 

8 ‘‘(IV) TREATMENT OF REPAY9 MENTS FOR DISTRIBUTIONS FROM

10 IRAS.—If a contribution is made 

11 under subclause (I) with respect to a 

12 qualified birth or adoption distribution 

13 from an individual retirement plan, 

14 then, to the extent of the amount of the 

15 contribution, such distribution shall be 

16 treated as a distribution described in 

17 section 408(d)(3) and as having been 

18 transferred to the applicable eligible re19 tirement plan in a direct trustee to 

20 trustee transfer within 60 days of the 

21 distribution. 

22 ‘‘(vi) DEFINITION AND SPECIAL

23 RULES.—For purposes of this subpara24 graph— 
1527 

•HR 1865 EAH 

1 ‘‘(I) APPLICABLE ELIGIBLE RE2 TIREMENT PLAN.—The term ‘applica3 ble eligible retirement plan’ means an 

4 eligible retirement plan (as defined in 

5 section 402(c)(8)(B)) other than a de6 fined benefit plan. 

7 ‘‘(II) EXEMPTION OF DISTRIBU8 TIONS FROM TRUSTEE TO TRUSTEE

9 TRANSFER AND WITHHOLDING

10 RULES.—For purposes of sections 

11 401(a)(31), 402(f), and 3405, a quali12 fied birth or adoption distribution 

13 shall not be treated as an eligible roll14 over distribution. 

15 ‘‘(III) TAXPAYER MUST INCLUDE

16 TIN.—A distribution shall not be treat17 ed as a qualified birth or adoption dis18 tribution with respect to any child or 

19 eligible adoptee unless the taxpayer in20 cludes the name, age, and TIN of such 

21 child or eligible adoptee on the tax22 payer’s return of tax for the taxable 

23 year. 

24 ‘‘(IV) DISTRIBUTIONS TREATED

25 AS MEETING PLAN DISTRIBUTION RE-
1528 

•HR 1865 EAH 

1 QUIREMENTS.—Any qualified birth or 

2 adoption distribution shall be treated 

3 as meeting the requirements of sections 

4 401(k)(2)(B)(i), 403(b)(7)(A)(ii), 

5 403(b)(11), and 457(d)(1)(A).’’. 

6 (b) EFFECTIVE DATE.—The amendments made by this 

7 section shall apply to distributions made after December 31, 

8 2019. 

9 SEC. 114. INCREASE IN AGE FOR REQUIRED BEGINNING 

10 DATE FOR MANDATORY DISTRIBUTIONS. 

11 (a) IN GENERAL.—Section 401(a)(9)(C)(i)(I) of the 

12 Internal Revenue Code of 1986 is amended by striking ‘‘age 

701 13 ⁄2’’ and inserting ‘‘age 72’’. 

14 (b) SPOUSE BENEFICIARIES; SPECIAL RULE FOR

15 OWNERS.—Subparagraphs (B)(iv)(I) and (C)(ii)(I) of sec16 tion 401(a)(9) of such Code are each amended by striking 

‘‘age 701 17 ⁄2’’ and inserting ‘‘age 72’’. 

18 (c) CONFORMING AMENDMENTS.—The last sentence of 

19 section 408(b) of such Code is amended by striking ‘‘age 

701 20 ⁄2’’ and inserting ‘‘age 72’’. 

21 (d) EFFECTIVE DATE.—The amendments made by this 

22 section shall apply to distributions required to be made 

23 after December 31, 2019, with respect to individuals who 

attain age 701 24 ⁄2 after such date. 
1529 

•HR 1865 EAH 

1 SEC. 115. SPECIAL RULES FOR MINIMUM FUNDING STAND2 ARDS FOR COMMUNITY NEWSPAPER PLANS. 

3 (a) AMENDMENT TO INTERNAL REVENUE CODE OF

4 1986.—Section 430 of the Internal Revenue Code of 1986 

5 is amended by adding at the end the following new sub6 section: 

7 ‘‘(m) SPECIAL RULES FOR COMMUNITY NEWSPAPER

8 PLANS.— 

9 ‘‘(1) IN GENERAL.—The plan sponsor of a com10 munity newspaper plan under which no participant 

11 has had the participant’s accrued benefit increased 

12 (whether because of service or compensation) after De13 cember 31, 2017, may elect to have the alternative 

14 standards described in paragraph (3) apply to such 

15 plan, and any plan sponsored by any member of the 

16 same controlled group. 

17 ‘‘(2) ELECTION.—An election under paragraph 

18 (1) shall be made at such time and in such manner 

19 as prescribed by the Secretary. Such election, once 

20 made with respect to a plan year, shall apply to all 

21 subsequent plan years unless revoked with the consent 

22 of the Secretary. 

23 ‘‘(3) ALTERNATIVE MINIMUM FUNDING STAND24 ARDS.—The alternative standards described in this 

25 paragraph are the following: 

26 ‘‘(A) INTEREST RATES.— 
1530 

•HR 1865 EAH 

1 ‘‘(i) IN GENERAL.—Notwithstanding 

2 subsection (h)(2)(C) and except as provided 

3 in clause (ii), the first, second, and third 

4 segment rates in effect for any month for 

5 purposes of this section shall be 8 percent. 

6 ‘‘(ii) NEW BENEFIT ACCRUALS.—Not7 withstanding subsection (h)(2), for purposes 

8 of determining the funding target and nor9 mal cost of a plan for any plan year, the 

10 present value of any benefits accrued or 

11 earned under the plan for a plan year with 

12 respect to which an election under para13 graph (1) is in effect shall be determined on 

14 the basis of the United States Treasury obli15 gation yield curve for the day that is the 

16 valuation date of such plan for such plan 

17 year. 

18 ‘‘(iii) UNITED STATES TREASURY OBLI19 GATION YIELD CURVE.—For purposes of this 

20 subsection, the term ‘United States Treas21 ury obligation yield curve’ means, with re22 spect to any day, a yield curve which shall 

23 be prescribed by the Secretary for such day 

24 on interest-bearing obligations of the United 

25 States. 
1531 

•HR 1865 EAH 

1 ‘‘(B) SHORTFALL AMORTIZATION BASE.— 

2 ‘‘(i) PREVIOUS SHORTFALL AMORTIZA3 TION BASES.—The shortfall amortization 

4 bases determined under subsection (c)(3) for 

5 all plan years preceding the first plan year 

6 to which the election under paragraph (1) 

7 applies (and all shortfall amortization in8 stallments determined with respect to such 

9 bases) shall be reduced to zero under rules 

10 similar to the rules of subsection (c)(6). 

11 ‘‘(ii) NEW SHORTFALL AMORTIZATION

12 BASE.—Notwithstanding subsection (c)(3), 

13 the shortfall amortization base for the first 

14 plan year to which the election under para15 graph (1) applies shall be the funding short16 fall of such plan for such plan year (deter17 mined using the interest rates as modified 

18 under subparagraph (A)). 

19 ‘‘(C) DETERMINATION OF SHORTFALL AM20 ORTIZATION INSTALLMENTS.— 

21 ‘‘(i) 30-YEAR PERIOD.—Subparagraphs 

22 (A) and (B) of subsection (c)(2) shall be ap23 plied by substituting ‘30-plan-year’ for ‘7- 

24 plan-year’ each place it appears. 
1532 

•HR 1865 EAH 

1 ‘‘(ii) NO SPECIAL ELECTION.—The 

2 election under subparagraph (D) of sub3 section (c)(2) shall not apply to any plan 

4 year to which the election under paragraph 

5 (1) applies. 

6 ‘‘(D) EXEMPTION FROM AT-RISK TREAT7 MENT.—Subsection (i) shall not apply. 

8 ‘‘(4) COMMUNITY NEWSPAPER PLAN.—For pur9 poses of this subsection— 

10 ‘‘(A) IN GENERAL.—The term ‘community 

11 newspaper plan’ means a plan to which this sec12 tion applies maintained by an employer which, 

13 as of December 31, 2017— 

14 ‘‘(i) publishes and distributes daily, ei15 ther electronically or in printed form, 1 or 

16 more community newspapers in a single 

17 State, 

18 ‘‘(ii) is not a company the stock of 

19 which is publicly traded (on a stock ex20 change or in an over-the-counter market), 

21 and is not controlled, directly or indirectly, 

22 by such a company, 

23 ‘‘(iii) is controlled, directly or indi24 rectly— 
1533 

•HR 1865 EAH 

1 ‘‘(I) by 1 or more persons residing 

2 primarily in the State in which the 

3 community newspaper is published, 

4 ‘‘(II) for not less than 30 years by 

5 individuals who are members of the 

6 same family, 

7 ‘‘(III) by a trust created or orga8 nized in the State in which the com9 munity newspaper is published, the 

10 sole trustees of which are persons de11 scribed in subclause (I) or (II), 

12 ‘‘(IV) by an entity which is de13 scribed in section 501(c)(3) and exempt 

14 from taxation under section 501(a), 

15 which is organized and operated in the 

16 State in which the community news17 paper is published, and the primary 

18 purpose of which is to benefit commu19 nities in such State, or 

20 ‘‘(V) by a combination of persons 

21 described in subclause (I), (III), or 

22 (IV), and 

23 ‘‘(iv) does not control, directly or indi24 rectly, any newspaper in any other State. 
1534 

•HR 1865 EAH 

1 ‘‘(B) COMMUNITY NEWSPAPER.—The term 

2 ‘community newspaper’ means a newspaper 

3 which primarily serves a metropolitan statistical 

4 area, as determined by the Office of Management 

5 and Budget, with a population of not less than 

6 100,000. 

7 ‘‘(C) CONTROL.—A person shall be treated 

8 as controlled by another person if such other per9 son possesses, directly or indirectly, the power to 

10 direct or cause the direction and management of 

11 such person (including the power to elect a ma12 jority of the members of the board of directors of 

13 such person) through the ownership of voting se14 curities. 

15 ‘‘(5) CONTROLLED GROUP.—For purposes of this 

16 subsection, the term ‘controlled group’ means all per17 sons treated as a single employer under subsection 

18 (b), (c), (m), or (o) of section 414 as of the date of 

19 the enactment of this subsection.’’. 

20 (b) AMENDMENT TO EMPLOYEE RETIREMENT INCOME

21 SECURITY ACT OF 1974.—Section 303 of the Employee Re22 tirement Income Security Act of 1974 (29 U.S.C. 1083) is 

23 amended by adding at the end the following new subsection: 

24 ‘‘(m) SPECIAL RULES FOR COMMUNITY NEWSPAPER

25 PLANS.— 
1535 

•HR 1865 EAH 

1 ‘‘(1) IN GENERAL.—The plan sponsor of a com2 munity newspaper plan under which no participant 

3 has had the participant’s accrued benefit increased 

4 (whether because of service or compensation) after De5 cember 31, 2017, may elect to have the alternative 

6 standards described in paragraph (3) apply to such 

7 plan, and any plan sponsored by any member of the 

8 same controlled group. 

9 ‘‘(2) ELECTION.—An election under paragraph 

10 (1) shall be made at such time and in such manner 

11 as prescribed by the Secretary of the Treasury. Such 

12 election, once made with respect to a plan year, shall 

13 apply to all subsequent plan years unless revoked 

14 with the consent of the Secretary of the Treasury. 

15 ‘‘(3) ALTERNATIVE MINIMUM FUNDING STAND16 ARDS.—The alternative standards described in this 

17 paragraph are the following: 

18 ‘‘(A) INTEREST RATES.— 

19 ‘‘(i) IN GENERAL.—Notwithstanding 

20 subsection (h)(2)(C) and except as provided 

21 in clause (ii), the first, second, and third 

22 segment rates in effect for any month for 

23 purposes of this section shall be 8 percent. 

24 ‘‘(ii) NEW BENEFIT ACCRUALS.—Not25 withstanding subsection (h)(2), for purposes 
1536 

•HR 1865 EAH 

1 of determining the funding target and nor2 mal cost of a plan for any plan year, the 

3 present value of any benefits accrued or 

4 earned under the plan for a plan year with 

5 respect to which an election under para6 graph (1) is in effect shall be determined on 

7 the basis of the United States Treasury obli8 gation yield curve for the day that is the 

9 valuation date of such plan for such plan 

10 year. 

11 ‘‘(iii) UNITED STATES TREASURY OBLI12 GATION YIELD CURVE.—For purposes of this 

13 subsection, the term ‘United States Treas14 ury obligation yield curve’ means, with re15 spect to any day, a yield curve which shall 

16 be prescribed by the Secretary of the Treas17 ury for such day on interest-bearing obliga18 tions of the United States. 

19 ‘‘(B) SHORTFALL AMORTIZATION BASE.— 

20 ‘‘(i) PREVIOUS SHORTFALL AMORTIZA21 TION BASES.—The shortfall amortization 

22 bases determined under subsection (c)(3) for 

23 all plan years preceding the first plan year 

24 to which the election under paragraph (1) 

25 applies (and all shortfall amortization in-
1537 

•HR 1865 EAH 

1 stallments determined with respect to such 

2 bases) shall be reduced to zero under rules 

3 similar to the rules of subsection (c)(6). 

4 ‘‘(ii) NEW SHORTFALL AMORTIZATION

5 BASE.—Notwithstanding subsection (c)(3), 

6 the shortfall amortization base for the first 

7 plan year to which the election under para8 graph (1) applies shall be the funding short9 fall of such plan for such plan year (deter10 mined using the interest rates as modified 

11 under subparagraph (A)). 

12 ‘‘(C) DETERMINATION OF SHORTFALL AM13 ORTIZATION INSTALLMENTS.— 

14 ‘‘(i) 30-YEAR PERIOD.—Subparagraphs 

15 (A) and (B) of subsection (c)(2) shall be ap16 plied by substituting ‘30-plan-year’ for ‘7- 

17 plan-year’ each place it appears. 

18 ‘‘(ii) NO SPECIAL ELECTION.—The 

19 election under subparagraph (D) of sub20 section (c)(2) shall not apply to any plan 

21 year to which the election under paragraph 

22 (1) applies. 

23 ‘‘(D) EXEMPTION FROM AT-RISK TREAT24 MENT.—Subsection (i) shall not apply. 
1538 

•HR 1865 EAH 

1 ‘‘(4) COMMUNITY NEWSPAPER PLAN.—For pur2 poses of this subsection— 

3 ‘‘(A) IN GENERAL.—The term ‘community 

4 newspaper plan’ means a plan to which this sec5 tion applies maintained by an employer which, 

6 as of December 31, 2017— 

7 ‘‘(i) publishes and distributes daily, ei8 ther electronically or in printed form— 

9 ‘‘(I) a community newspaper, or 

10 ‘‘(II) 1 or more community news11 papers in the same State, 

12 ‘‘(ii) is not a company the stock of 

13 which is publicly traded (on a stock ex14 change or in an over-the-counter market), 

15 and is not controlled, directly or indirectly, 

16 by such a company, 

17 ‘‘(iii) is controlled, directly or indi18 rectly— 

19 ‘‘(I) by 1 or more persons residing 

20 primarily in the State in which the 

21 community newspaper is published, 

22 ‘‘(II) for not less than 30 years by 

23 individuals who are members of the 

24 same family, 
1539 

•HR 1865 EAH 

1 ‘‘(III) by a trust created or orga2 nized in the State in which the com3 munity newspaper is published, the 

4 sole trustees of which are persons de5 scribed in subclause (I) or (II), 

6 ‘‘(IV) by an entity which is de7 scribed in section 501(c)(3) of the In8 ternal Revenue Code of 1986 and ex9 empt from taxation under section 

10 501(a) of such Code, which is orga11 nized and operated in the State in 

12 which the community newspaper is 

13 published, and the primary purpose of 

14 which is to benefit communities in 

15 such State, or 

16 ‘‘(V) by a combination of persons 

17 described in subclause (I), (III), or 

18 (IV), and 

19 ‘‘(iv) does not control, directly or indi20 rectly, any newspaper in any other State. 

21 ‘‘(B) COMMUNITY NEWSPAPER.—The term 

22 ‘community newspaper’ means a newspaper 

23 which primarily serves a metropolitan statistical 

24 area, as determined by the Office of Management 
1540 

•HR 1865 EAH 

1 and Budget, with a population of not less than 

2 100,000. 

3 ‘‘(C) CONTROL.—A person shall be treated 

4 as controlled by another person if such other per5 son possesses, directly or indirectly, the power to 

6 direct or cause the direction and management of 

7 such person (including the power to elect a ma8 jority of the members of the board of directors of 

9 such person) through the ownership of voting se10 curities. 

11 ‘‘(5) CONTROLLED GROUP.—For purposes of this 

12 subsection, the term ‘controlled group’ means all per13 sons treated as a single employer under subsection 

14 (b), (c), (m), or (o) of section 414 of the Internal Rev15 enue Code of 1986 as of the date of the enactment of 

16 this subsection. 

17 ‘‘(6) EFFECT ON PREMIUM RATE CALCULA18 TION.—Notwithstanding any other provision of law 

19 or any regulation issued by the Pension Benefit 

20 Guaranty Corporation, in the case of a plan for 

21 which an election is made to apply the alternative 

22 standards described in paragraph (3), the additional 

23 premium under section 4006(a)(3)(E) shall be deter24 mined as if such election had not been made.’’. 
1541 

•HR 1865 EAH 

1 (c) EFFECTIVE DATE.—The amendments made by this 

2 section shall apply to plan years ending after December 31, 

3 2017. 

4 SEC. 116. TREATING EXCLUDED DIFFICULTY OF CARE PAY5 MENTS AS COMPENSATION FOR DETER6 MINING RETIREMENT CONTRIBUTION LIMI7 TATIONS. 

8 (a) INDIVIDUAL RETIREMENT ACCOUNTS.— 

9 (1) IN GENERAL.—Section 408(o) of the Internal 

10 Revenue Code of 1986 is amended by adding at the 

11 end the following new paragraph: 

12 ‘‘(5) SPECIAL RULE FOR DIFFICULTY OF CARE

13 PAYMENTS EXCLUDED FROM GROSS INCOME.—In the 

14 case of an individual who for a taxable year excludes 

15 from gross income under section 131 a qualified foster 

16 care payment which is a difficulty of care payment, 

17 if— 

18 ‘‘(A) the deductible amount in effect for the 

19 taxable year under subsection (b), exceeds 

20 ‘‘(B) the amount of compensation includible 

21 in the individual’s gross income for the taxable 

22 year, 

23 the individual may elect to increase the nondeductible 

24 limit under paragraph (2) for the taxable year by an 
1542 

•HR 1865 EAH 

1 amount equal to the lesser of such excess or the 

2 amount so excluded.’’. 

3 (2) EFFECTIVE DATE.—The amendments made 

4 by this subsection shall apply to contributions after 

5 the date of the enactment of this Act. 

6 (b) DEFINED CONTRIBUTION PLANS.— 

7 (1) IN GENERAL.—Section 415(c) of such Code is 

8 amended by adding at the end the following new 

9 paragraph: 

10 ‘‘(8) SPECIAL RULE FOR DIFFICULTY OF CARE

11 PAYMENTS EXCLUDED FROM GROSS INCOME.— 

12 ‘‘(A) IN GENERAL.—For purposes of para13 graph (1)(B), in the case of an individual who 

14 for a taxable year excludes from gross income 

15 under section 131 a qualified foster care pay16 ment which is a difficulty of care payment, the 

17 participant’s compensation, or earned income, as 

18 the case may be, shall be increased by the 

19 amount so excluded. 

20 ‘‘(B) CONTRIBUTIONS ALLOCABLE TO DIF21 FICULTY OF CARE PAYMENTS TREATED AS

22 AFTER-TAX.—Any contribution by the partici23 pant which is allowable due to such increase— 

24 ‘‘(i) shall be treated for purposes of this 

25 title as investment in the contract, and 
1543 

•HR 1865 EAH 

1 ‘‘(ii) shall not cause a plan (and any 

2 arrangement which is part of such plan) to 

3 be treated as failing to meet any require4 ments of this chapter solely by reason of al5 lowing any such contributions.’’. 

6 (2) EFFECTIVE DATE.—The amendment made by 

7 this subsection shall apply to plan years beginning 

8 after December 31, 2015. 

9 TITLE II—ADMINISTRATIVE 

10 IMPROVEMENTS 

11 SEC. 201. PLAN ADOPTED BY FILING DUE DATE FOR YEAR 

12 MAY BE TREATED AS IN EFFECT AS OF CLOSE 

13 OF YEAR. 

14 (a) IN GENERAL.—Subsection (b) of section 401 of the 

15 Internal Revenue Code of 1986 is amended— 

16 (1) by striking ‘‘RETROACTIVE CHANGES IN

17 PLAN.—A stock bonus’’ and inserting ‘‘PLAN AMEND18 MENTS.— 

19 ‘‘(1) CERTAIN RETROACTIVE CHANGES IN

20 PLAN.—A stock bonus’’; and 

21 (2) by adding at the end the following new para22 graph: 

23 ‘‘(2) ADOPTION OF PLAN.—If an employer adopts 

24 a stock bonus, pension, profit-sharing, or annuity 

25 plan after the close of a taxable year but before the 
1544 

•HR 1865 EAH 

1 time prescribed by law for filing the return of the em2 ployer for the taxable year (including extensions 

3 thereof), the employer may elect to treat the plan as 

4 having been adopted as of the last day of the taxable 

5 year.’’. 

6 (b) EFFECTIVE DATE.—The amendments made by this 

7 section shall apply to plans adopted for taxable years begin8 ning after December 31, 2019. 

9 SEC. 202. COMBINED ANNUAL REPORT FOR GROUP OF 

10 PLANS. 

11 (a) IN GENERAL.—The Secretary of the Treasury and 

12 the Secretary of Labor shall, in cooperation, modify the re13 turns required under section 6058 of the Internal Revenue 

14 Code of 1986 and the reports required by section 104 of 

15 the Employee Retirement Income Security Act of 1974 (29 

16 U.S.C. 1024) so that all members of a group of plans de17 scribed in subsection (c) may file a single aggregated an18 nual return or report satisfying the requirements of both 

19 such sections. 

20 (b) ADMINISTRATIVE REQUIREMENTS.—In developing 

21 the consolidated return or report under subsection (a), the 

22 Secretary of the Treasury and the Secretary of Labor may 

23 require such return or report to include any information 

24 regarding each plan in the group as such Secretaries deter25 mine is necessary or appropriate for the enforcement and 
1545 

•HR 1865 EAH 

1 administration of the Internal Revenue Code of 1986 and 

2 the Employee Retirement Income Security Act of 1974 and 

3 shall require such information as will enable a participant 

4 in a plan to identify any aggregated return or report filed 

5 with respect to the plan. 

6 (c) PLANS DESCRIBED.—A group of plans is described 

7 in this subsection if all plans in the group— 

8 (1) are individual account plans or defined con9 tribution plans (as defined in section 3(34) of the 

10 Employee Retirement Income Security Act of 1974 

11 (29 U.S.C. 1002(34)) or in section 414(i) of the Inter12 nal Revenue Code of 1986); 

13 (2) have— 

14 (A) the same trustee (as described in section 

15 403(a) of such Act (29 U.S.C. 1103(a))); 

16 (B) the same one or more named fiduciaries 

17 (as described in section 402(a) of such Act (29 

18 U.S.C. 1102(a))); 

19 (C) the same administrator (as defined in 

20 section 3(16)(A) of such Act (29 U.S.C. 

21 1002(16)(A))) and plan administrator (as de22 fined in section 414(g) of the Internal Revenue 

23 Code of 1986); and 

24 (D) plan years beginning on the same date; 

25 and 
1546 

•HR 1865 EAH 

1 (3) provide the same investments or investment 

2 options to participants and beneficiaries. 

3 A plan not subject to title I of the Employee Retirement 

4 Income Security Act of 1974 shall be treated as meeting 

5 the requirements of paragraph (2) as part of a group of 

6 plans if the same person that performs each of the functions 

7 described in such paragraph, as applicable, for all other 

8 plans in such group performs each of such functions for such 

9 plan. 

10 (d) CLARIFICATION RELATING TO ELECTRONIC FILING

11 OF RETURNS FOR DEFERRED COMPENSATION PLANS.— 

12 (1) IN GENERAL.—Section 6011(e) of the Inter13 nal Revenue Code of 1986 is amended by adding at 

14 the end the following new paragraph: 

15 ‘‘(6) APPLICATION OF NUMERICAL LIMITATION TO

16 RETURNS RELATING TO DEFERRED COMPENSATION

17 PLANS.—For purposes of applying the numerical lim18 itation under paragraph (2)(A) to any return re19 quired under section 6058, information regarding 

20 each plan for which information is provided on such 

21 return shall be treated as a separate return.’’. 

22 (2) EFFECTIVE DATE.—The amendment made by 

23 paragraph (1) shall apply to returns required to be 

24 filed with respect to plan years beginning after De25 cember 31, 2019. 
1547 

•HR 1865 EAH 

1 (e) EFFECTIVE DATE.—The modification required by 

2 subsection (a) shall be implemented not later than January 

3 1, 2022, and shall apply to returns and reports for plan 

4 years beginning after December 31, 2021. 

5 SEC. 203. DISCLOSURE REGARDING LIFETIME INCOME. 

6 (a) IN GENERAL.—Subparagraph (B) of section 

7 105(a)(2) of the Employee Retirement Income Security Act 

8 of 1974 (29 U.S.C. 1025(a)(2)) is amended— 

9 (1) in clause (i), by striking ‘‘and’’ at the end; 

10 (2) in clause (ii), by striking ‘‘diversification.’’ 

11 and inserting ‘‘diversification, and’’; and 

12 (3) by inserting at the end the following: 

13 ‘‘(iii) the lifetime income disclosure de14 scribed in subparagraph (D)(i). 

15 In the case of pension benefit statements de16 scribed in clause (i) of paragraph (1)(A), a life17 time income disclosure under clause (iii) of this 

18 subparagraph shall be required to be included in 

19 only one pension benefit statement during any 

20 one 12-month period.’’. 

21 (b) LIFETIME INCOME.—Paragraph (2) of section 

22 105(a) of the Employee Retirement Income Security Act of 

23 1974 (29 U.S.C. 1025(a)) is amended by adding at the end 

24 the following new subparagraph: 

25 ‘‘(D) LIFETIME INCOME DISCLOSURE.— 
1548 

•HR 1865 EAH 

1 ‘‘(i) IN GENERAL.— 

2 ‘‘(I) DISCLOSURE.—A lifetime in3 come disclosure shall set forth the life4 time income stream equivalent of the 

5 total benefits accrued with respect to 

6 the participant or beneficiary. 

7 ‘‘(II) LIFETIME INCOME STREAM

8 EQUIVALENT OF THE TOTAL BENEFITS

9 ACCRUED.—For purposes of this sub10 paragraph, the term ‘lifetime income 

11 stream equivalent of the total benefits 

12 accrued’ means the amount of monthly 

13 payments the participant or bene14 ficiary would receive if the total ac15 crued benefits of such participant or 

16 beneficiary were used to provide life17 time income streams described in sub18 clause (III), based on assumptions 

19 specified in rules prescribed by the Sec20 retary. 

21 ‘‘(III) LIFETIME INCOME

22 STREAMS.—The lifetime income 

23 streams described in this subclause are 

24 a qualified joint and survivor annuity 

25 (as defined in section 205(d)), based on 
1549 

•HR 1865 EAH 

1 assumptions specified in rules pre2 scribed by the Secretary, including the 

3 assumption that the participant or 

4 beneficiary has a spouse of equal age, 

5 and a single life annuity. Such lifetime 

6 income streams may have a term cer7 tain or other features to the extent per8 mitted under rules prescribed by the 

9 Secretary. 

10 ‘‘(ii) MODEL DISCLOSURE.—Not later 

11 than 1 year after the date of the enactment 

12 of the Setting Every Community Up for Re13 tirement Enhancement Act of 2019, the Sec14 retary shall issue a model lifetime income 

15 disclosure, written in a manner so as to be 

16 understood by the average plan participant, 

17 which— 

18 ‘‘(I) explains that the lifetime in19 come stream equivalent is only pro20 vided as an illustration; 

21 ‘‘(II) explains that the actual 

22 payments under the lifetime income 

23 stream described in clause (i)(III) 

24 which may be purchased with the total 

25 benefits accrued will depend on numer-
1550 

•HR 1865 EAH 

1 ous factors and may vary substantially 

2 from the lifetime income stream equiv3 alent in the disclosures; 

4 ‘‘(III) explains the assumptions 

5 upon which the lifetime income stream 

6 equivalent was determined; and 

7 ‘‘(IV) provides such other similar 

8 explanations as the Secretary considers 

9 appropriate. 

10 ‘‘(iii) ASSUMPTIONS AND RULES.—Not 

11 later than 1 year after the date of the enact12 ment of the Setting Every Community Up 

13 for Retirement Enhancement Act of 2019, 

14 the Secretary shall— 

15 ‘‘(I) prescribe assumptions which 

16 administrators of individual account 

17 plans may use in converting total ac18 crued benefits into lifetime income 

19 stream equivalents for purposes of this 

20 subparagraph; and 

21 ‘‘(II) issue interim final rules 

22 under clause (i). 

23 In prescribing assumptions under subclause 

24 (I), the Secretary may prescribe a single set 

25 of specific assumptions (in which case the 
1551 

•HR 1865 EAH 

1 Secretary may issue tables or factors which 

2 facilitate such conversions), or ranges of 

3 permissible assumptions. To the extent that 

4 an accrued benefit is or may be invested in 

5 a lifetime income stream described in clause 

6 (i)(III), the assumptions prescribed under 

7 subclause (I) shall, to the extent appro8 priate, permit administrators of individual 

9 account plans to use the amounts payable 

10 under such lifetime income stream as a life11 time income stream equivalent. 

12 ‘‘(iv) LIMITATION ON LIABILITY.—No 

13 plan fiduciary, plan sponsor, or other per14 son shall have any liability under this title 

15 solely by reason of the provision of lifetime 

16 income stream equivalents which are de17 rived in accordance with the assumptions 

18 and rules described in clause (iii) and 

19 which include the explanations contained in 

20 the model lifetime income disclosure de21 scribed in clause (ii). This clause shall 

22 apply without regard to whether the provi23 sion of such lifetime income stream equiva24 lent is required by subparagraph (B)(iii). 
1552 

•HR 1865 EAH 

1 ‘‘(v) EFFECTIVE DATE.—The require2 ment in subparagraph (B)(iii) shall apply 

3 to pension benefit statements furnished more 

4 than 12 months after the latest of the 

5 issuance by the Secretary of— 

6 ‘‘(I) interim final rules under 

7 clause (i); 

8 ‘‘(II) the model disclosure under 

9 clause (ii); or 

10 ‘‘(III) the assumptions under 

11 clause (iii).’’. 

12 SEC. 204. FIDUCIARY SAFE HARBOR FOR SELECTION OF 

13 LIFETIME INCOME PROVIDER. 

14 Section 404 of the Employee Retirement Income Secu15 rity Act of 1974 (29 U.S.C. 1104) is amended by adding 

16 at the end the following: 

17 ‘‘(e) SAFE HARBOR FOR ANNUITY SELECTION.— 

18 ‘‘(1) IN GENERAL.—With respect to the selection 

19 of an insurer for a guaranteed retirement income con20 tract, the requirements of subsection (a)(1)(B) will be 

21 deemed to be satisfied if a fiduciary— 

22 ‘‘(A) engages in an objective, thorough, and 

23 analytical search for the purpose of identifying 

24 insurers from which to purchase such contracts; 
1553 

•HR 1865 EAH 

1 ‘‘(B) with respect to each insurer identified 

2 under subparagraph (A)— 

3 ‘‘(i) considers the financial capability 

4 of such insurer to satisfy its obligations 

5 under the guaranteed retirement income 

6 contract; and 

7 ‘‘(ii) considers the cost (including fees 

8 and commissions) of the guaranteed retire9 ment income contract offered by the insurer 

10 in relation to the benefits and product fea11 tures of the contract and administrative 

12 services to be provided under such contract; 

13 and 

14 ‘‘(C) on the basis of such consideration, con15 cludes that— 

16 ‘‘(i) at the time of the selection, the in17 surer is financially capable of satisfying its 

18 obligations under the guaranteed retirement 

19 income contract; and 

20 ‘‘(ii) the relative cost of the selected 

21 guaranteed retirement income contract as 

22 described in subparagraph (B)(ii) is reason23 able. 
1554 

•HR 1865 EAH 

1 ‘‘(2) FINANCIAL CAPABILITY OF THE INSURER.— 

2 A fiduciary will be deemed to satisfy the requirements 

3 of paragraphs (1)(B)(i) and (1)(C)(i) if— 

4 ‘‘(A) the fiduciary obtains written represen5 tations from the insurer that— 

6 ‘‘(i) the insurer is licensed to offer 

7 guaranteed retirement income contracts; 

8 ‘‘(ii) the insurer, at the time of selec9 tion and for each of the immediately pre10 ceding 7 plan years— 

11 ‘‘(I) operates under a certificate of 

12 authority from the insurance commis13 sioner of its domiciliary State which 

14 has not been revoked or suspended; 

15 ‘‘(II) has filed audited financial 

16 statements in accordance with the laws 

17 of its domiciliary State under applica18 ble statutory accounting principles; 

19 ‘‘(III) maintains (and has main20 tained) reserves which satisfies all the 

21 statutory requirements of all States 

22 where the insurer does business; and 

23 ‘‘(IV) is not operating under an 

24 order of supervision, rehabilitation, or 

25 liquidation; 
1555 

•HR 1865 EAH 

1 ‘‘(iii) the insurer undergoes, at least 

2 every 5 years, a financial examination 

3 (within the meaning of the law of its domi4 ciliary State) by the insurance commis5 sioner of the domiciliary State (or rep6 resentative, designee, or other party ap7 proved by such commissioner); and 

8 ‘‘(iv) the insurer will notify the fidu9 ciary of any change in circumstances occur10 ring after the provision of the representa11 tions in clauses (i), (ii), and (iii) which 

12 would preclude the insurer from making 

13 such representations at the time of issuance 

14 of the guaranteed retirement income con15 tract; and 

16 ‘‘(B) after receiving such representations 

17 and as of the time of selection, the fiduciary has 

18 not received any notice described in subpara19 graph (A)(iv) and is in possession of no other in20 formation which would cause the fiduciary to 

21 question the representations provided. 

22 ‘‘(3) NO REQUIREMENT TO SELECT LOWEST

23 COST.—Nothing in this subsection shall be construed 

24 to require a fiduciary to select the lowest cost con25 tract. A fiduciary may consider the value of a con-
1556 

•HR 1865 EAH 

1 tract, including features and benefits of the contract 

2 and attributes of the insurer (including, without limi3 tation, the insurer’s financial strength) in conjunc4 tion with the cost of the contract. 

5 ‘‘(4) TIME OF SELECTION.— 

6 ‘‘(A) IN GENERAL.—For purposes of this 

7 subsection, the time of selection is— 

8 ‘‘(i) the time that the insurer and the 

9 contract are selected for distribution of ben10 efits to a specific participant or beneficiary; 

11 or 

12 ‘‘(ii) if the fiduciary periodically re13 views the continuing appropriateness of the 

14 conclusion described in paragraph (1)(C) 

15 with respect to a selected insurer, taking 

16 into account the considerations described in 

17 such paragraph, the time that the insurer 

18 and the contract are selected to provide ben19 efits at future dates to participants or bene20 ficiaries under the plan. 

21 Nothing in the preceding sentence shall be con22 strued to require the fiduciary to review the ap23 propriateness of a selection after the purchase of 

24 a contract for a participant or beneficiary. 
1557 

•HR 1865 EAH 

1 ‘‘(B) PERIODIC REVIEW.—A fiduciary will 

2 be deemed to have conducted the periodic review 

3 described in subparagraph (A)(ii) if the fidu4 ciary obtains the written representations de5 scribed in clauses (i), (ii), and (iii) of paragraph 

6 (2)(A) from the insurer on an annual basis, un7 less the fiduciary receives any notice described in 

8 paragraph (2)(A)(iv) or otherwise becomes aware 

9 of facts that would cause the fiduciary to ques10 tion such representations. 

11 ‘‘(5) LIMITED LIABILITY.—A fiduciary which 

12 satisfies the requirements of this subsection shall not 

13 be liable following the distribution of any benefit, or 

14 the investment by or on behalf of a participant or 

15 beneficiary pursuant to the selected guaranteed retire16 ment income contract, for any losses that may result 

17 to the participant or beneficiary due to an insurer’s 

18 inability to satisfy its financial obligations under the 

19 terms of such contract. 

20 ‘‘(6) DEFINITIONS.—For purposes of this sub21 section— 

22 ‘‘(A) INSURER.—The term ‘insurer’ means 

23 an insurance company, insurance service, or in24 surance organization, including affiliates of such 

25 companies. 
1558 

•HR 1865 EAH 

1 ‘‘(B) GUARANTEED RETIREMENT INCOME

2 CONTRACT.—The term ‘guaranteed retirement in3 come contract’ means an annuity contract for a 

4 fixed term or a contract (or provision or feature 

5 thereof) which provides guaranteed benefits an6 nually (or more frequently) for at least the re7 mainder of the life of the participant or the joint 

8 lives of the participant and the participant’s 

9 designated beneficiary as part of an individual 

10 account plan.’’. 

11 SEC. 205. MODIFICATION OF NONDISCRIMINATION RULES 

12 TO PROTECT OLDER, LONGER SERVICE PAR13 TICIPANTS. 

14 (a) IN GENERAL.—Section 401 of the Internal Revenue 

15 Code of 1986 is amended— 

16 (1) by redesignating subsection (o) as subsection 

17 (p); and 

18 (2) by inserting after subsection (n) the following 

19 new subsection: 

20 ‘‘(o) SPECIAL RULES FOR APPLYING NONDISCRIMINA21 TION RULES TO PROTECT OLDER, LONGER SERVICE AND

22 GRANDFATHERED PARTICIPANTS.— 

23 ‘‘(1) TESTING OF DEFINED BENEFIT PLANS WITH

24 CLOSED CLASSES OF PARTICIPANTS.— 
1559 

•HR 1865 EAH 

1 ‘‘(A) BENEFITS, RIGHTS, OR FEATURES

2 PROVIDED TO CLOSED CLASSES.—A defined ben3 efit plan which provides benefits, rights, or fea4 tures to a closed class of participants shall not 

5 fail to satisfy the requirements of subsection 

6 (a)(4) by reason of the composition of such closed 

7 class or the benefits, rights, or features provided 

8 to such closed class, if— 

9 ‘‘(i) for the plan year as of which the 

10 class closes and the 2 succeeding plan years, 

11 such benefits, rights, and features satisfy the 

12 requirements of subsection (a)(4) (without 

13 regard to this subparagraph but taking into 

14 account the rules of subparagraph (I)), 

15 ‘‘(ii) after the date as of which the 

16 class was closed, any plan amendment 

17 which modifies the closed class or the bene18 fits, rights, and features provided to such 

19 closed class does not discriminate signifi20 cantly in favor of highly compensated em21 ployees, and 

22 ‘‘(iii) the class was closed before April 

23 5, 2017, or the plan is described in sub24 paragraph (C). 
1560 

•HR 1865 EAH 

1 ‘‘(B) AGGREGATE TESTING WITH DEFINED

2 CONTRIBUTION PLANS PERMITTED ON A BENE3 FITS BASIS.— 

4 ‘‘(i) IN GENERAL.—For purposes of de5 termining compliance with subsection (a)(4) 

6 and section 410(b), a defined benefit plan 

7 described in clause (iii) may be aggregated 

8 and tested on a benefits basis with 1 or 

9 more defined contribution plans, including 

10 with the portion of 1 or more defined con11 tribution plans which— 

12 ‘‘(I) provides matching contribu13 tions (as defined in subsection 

14 (m)(4)(A)), 

15 ‘‘(II) provides annuity contracts 

16 described in section 403(b) which are 

17 purchased with matching contributions 

18 or nonelective contributions, or 

19 ‘‘(III) consists of an employee 

20 stock ownership plan (within the 

21 meaning of section 4975(e)(7)) or a tax 

22 credit employee stock ownership plan 

23 (within the meaning of section 409(a)). 

24 ‘‘(ii) SPECIAL RULES FOR MATCHING

25 CONTRIBUTIONS.—For purposes of clause 
1561 

•HR 1865 EAH 

1 (i), if a defined benefit plan is aggregated 

2 with a portion of a defined contribution 

3 plan providing matching contributions— 

4 ‘‘(I) such defined benefit plan 

5 must also be aggregated with any por6 tion of such defined contribution plan 

7 which provides elective deferrals de8 scribed in subparagraph (A) or (C) of 

9 section 402(g)(3), and 

10 ‘‘(II) such matching contributions 

11 shall be treated in the same manner as 

12 nonelective contributions, including for 

13 purposes of applying the rules of sub14 section (l). 

15 ‘‘(iii) PLANS DESCRIBED.—A defined 

16 benefit plan is described in this clause if— 

17 ‘‘(I) the plan provides benefits to 

18 a closed class of participants, 

19 ‘‘(II) for the plan year as of which 

20 the class closes and the 2 succeeding 

21 plan years, the plan satisfies the re22 quirements of section 410(b) and sub23 section (a)(4) (without regard to this 

24 subparagraph but taking into account 

25 the rules of subparagraph (I)), 
1562 

•HR 1865 EAH 

1 ‘‘(III) after the date as of which 

2 the class was closed, any plan amend3 ment which modifies the closed class or 

4 the benefits provided to such closed 

5 class does not discriminate signifi6 cantly in favor of highly compensated 

7 employees, and 

8 ‘‘(IV) the class was closed before 

9 April 5, 2017, or the plan is described 

10 in subparagraph (C). 

11 ‘‘(C) PLANS DESCRIBED.—A plan is de12 scribed in this subparagraph if, taking into ac13 count any predecessor plan— 

14 ‘‘(i) such plan has been in effect for at 

15 least 5 years as of the date the class is 

16 closed, and 

17 ‘‘(ii) during the 5-year period pre18 ceding the date the class is closed, there has 

19 not been a substantial increase in the cov20 erage or value of the benefits, rights, or fea21 tures described in subparagraph (A) or in 

22 the coverage or benefits under the plan de23 scribed in subparagraph (B)(iii) (whichever 

24 is applicable). 
1563 

•HR 1865 EAH 

1 ‘‘(D) DETERMINATION OF SUBSTANTIAL IN2 CREASE FOR BENEFITS, RIGHTS, AND FEA3 TURES.—In applying subparagraph (C)(ii) for 

4 purposes of subparagraph (A)(iii), a plan shall 

5 be treated as having had a substantial increase 

6 in coverage or value of the benefits, rights, or fea7 tures described in subparagraph (A) during the 

8 applicable 5-year period only if, during such pe9 riod— 

10 ‘‘(i) the number of participants covered 

11 by such benefits, rights, or features on the 

12 date such period ends is more than 50 per13 cent greater than the number of such par14 ticipants on the first day of the plan year 

15 in which such period began, or 

16 ‘‘(ii) such benefits, rights, and features 

17 have been modified by 1 or more plan 

18 amendments in such a way that, as of the 

19 date the class is closed, the value of such 

20 benefits, rights, and features to the closed 

21 class as a whole is substantially greater 

22 than the value as of the first day of such 5- 

23 year period, solely as a result of such 

24 amendments. 
1564 

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1 ‘‘(E) DETERMINATION OF SUBSTANTIAL IN2 CREASE FOR AGGREGATE TESTING ON BENEFITS

3 BASIS.—In applying subparagraph (C)(ii) for 

4 purposes of subparagraph (B)(iii)(IV), a plan 

5 shall be treated as having had a substantial in6 crease in coverage or benefits during the applica7 ble 5-year period only if, during such period— 

8 ‘‘(i) the number of participants benefit9 ting under the plan on the date such period 

10 ends is more than 50 percent greater than 

11 the number of such participants on the first 

12 day of the plan year in which such period 

13 began, or 

14 ‘‘(ii) the average benefit provided to 

15 such participants on the date such period 

16 ends is more than 50 percent greater than 

17 the average benefit provided on the first day 

18 of the plan year in which such period 

19 began. 

20 ‘‘(F) CERTAIN EMPLOYEES DIS21 REGARDED.—For purposes of subparagraphs (D) 

22 and (E), any increase in coverage or value or in 

23 coverage or benefits, whichever is applicable, 

24 which is attributable to such coverage and value 

25 or coverage and benefits provided to employees— 
1565 

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1 ‘‘(i) who became participants as a re2 sult of a merger, acquisition, or similar 

3 event which occurred during the 7-year pe4 riod preceding the date the class is closed, or 

5 ‘‘(ii) who became participants by rea6 son of a merger of the plan with another 

7 plan which had been in effect for at least 5 

8 years as of the date of the merger, 

9 shall be disregarded, except that clause (ii) shall 

10 apply for purposes of subparagraph (D) only if, 

11 under the merger, the benefits, rights, or features 

12 under 1 plan are conformed to the benefits, 

13 rights, or features of the other plan prospectively. 

14 ‘‘(G) RULES RELATING TO AVERAGE BEN15 EFIT.—For purposes of subparagraph (E)— 

16 ‘‘(i) the average benefit provided to 

17 participants under the plan will be treated 

18 as having remained the same between the 2 

19 dates described in subparagraph (E)(ii) if 

20 the benefit formula applicable to such par21 ticipants has not changed between such 

22 dates, and 

23 ‘‘(ii) if the benefit formula applicable 

24 to 1 or more participants under the plan 

25 has changed between such 2 dates, then the 
1566 

•HR 1865 EAH 

1 average benefit under the plan shall be con2 sidered to have increased by more than 50 

3 percent only if— 

4 ‘‘(I) the total amount determined 

5 under section 430(b)(1)(A)(i) for all 

6 participants benefitting under the plan 

7 for the plan year in which the 5-year 

8 period described in subparagraph (E) 

9 ends, exceeds 

10 ‘‘(II) the total amount determined 

11 under section 430(b)(1)(A)(i) for all 

12 such participants for such plan year, 

13 by using the benefit formula in effect 

14 for each such participant for the first 

15 plan year in such 5-year period, 

16 by more than 50 percent. In the case of a 

17 CSEC plan (as defined in section 414(y)), 

18 the normal cost of the plan (as determined 

19 under section 433(j)(1)(B)) shall be used in 

20 lieu of the amount determined under section 

21 430(b)(1)(A)(i). 

22 ‘‘(H) TREATMENT AS SINGLE PLAN.—For 

23 purposes of subparagraphs (E) and (G), a plan 

24 described in section 413(c) shall be treated as a 
1567 

•HR 1865 EAH 

1 single plan rather than as separate plans main2 tained by each employer in the plan. 

3 ‘‘(I) SPECIAL RULES.—For purposes of sub4 paragraphs (A)(i) and (B)(iii)(II), the following 

5 rules shall apply: 

6 ‘‘(i) In applying section 410(b)(6)(C), 

7 the closing of the class of participants shall 

8 not be treated as a significant change in 

9 coverage under section 410(b)(6)(C)(i)(II). 

10 ‘‘(ii) 2 or more plans shall not fail to 

11 be eligible to be aggregated and treated as 

12 a single plan solely by reason of having dif13 ferent plan years. 

14 ‘‘(iii) Changes in the employee popu15 lation shall be disregarded to the extent at16 tributable to individuals who become em17 ployees or cease to be employees, after the 

18 date the class is closed, by reason of a merg19 er, acquisition, divestiture, or similar event. 

20 ‘‘(iv) Aggregation and all other testing 

21 methodologies otherwise applicable under 

22 subsection (a)(4) and section 410(b) may be 

23 taken into account. 

24 The rule of clause (ii) shall also apply for pur25 poses of determining whether plans to which sub-
1568 

•HR 1865 EAH 

1 paragraph (B)(i) applies may be aggregated and 

2 treated as 1 plan for purposes of determining 

3 whether such plans meet the requirements of sub4 section (a)(4) and section 410(b). 

5 ‘‘(J) SPUN-OFF PLANS.—For purposes of 

6 this paragraph, if a portion of a defined benefit 

7 plan described in subparagraph (A) or (B)(iii) 

8 is spun off to another employer and the spun-off 

9 plan continues to satisfy the requirements of— 

10 ‘‘(i) subparagraph (A)(i) or 

11 (B)(iii)(II), whichever is applicable, if the 

12 original plan was still within the 3-year pe13 riod described in such subparagraph at the 

14 time of the spin off, and 

15 ‘‘(ii) subparagraph (A)(ii) or 

16 (B)(iii)(III), whichever is applicable, 

17 the treatment under subparagraph (A) or (B) of 

18 the spun-off plan shall continue with respect to 

19 such other employer. 

20 ‘‘(2) TESTING OF DEFINED CONTRIBUTION

21 PLANS.— 

22 ‘‘(A) TESTING ON A BENEFITS BASIS.—A 

23 defined contribution plan shall be permitted to 

24 be tested on a benefits basis if— 
1569 

•HR 1865 EAH 

1 ‘‘(i) such defined contribution plan 

2 provides make-whole contributions to a 

3 closed class of participants whose accruals 

4 under a defined benefit plan have been re5 duced or eliminated, 

6 ‘‘(ii) for the plan year of the defined 

7 contribution plan as of which the class eli8 gible to receive such make-whole contribu9 tions closes and the 2 succeeding plan years, 

10 such closed class of participants satisfies the 

11 requirements of section 410(b)(2)(A)(i) (de12 termined by applying the rules of para13 graph (1)(I)), 

14 ‘‘(iii) after the date as of which the 

15 class was closed, any plan amendment to 

16 the defined contribution plan which modi17 fies the closed class or the allocations, bene18 fits, rights, and features provided to such 

19 closed class does not discriminate signifi20 cantly in favor of highly compensated em21 ployees, and 

22 ‘‘(iv) the class was closed before April 

23 5, 2017, or the defined benefit plan under 

24 clause (i) is described in paragraph (1)(C) 
1570 

•HR 1865 EAH 

1 (as applied for purposes of paragraph 

2 (1)(B)(iii)(IV)). 

3 ‘‘(B) AGGREGATION WITH PLANS INCLUDING

4 MATCHING CONTRIBUTIONS.— 

5 ‘‘(i) IN GENERAL.—With respect to 1 

6 or more defined contribution plans de7 scribed in subparagraph (A), for purposes of 

8 determining compliance with subsection 

9 (a)(4) and section 410(b), the portion of 

10 such plans which provides make-whole con11 tributions or other nonelective contributions 

12 may be aggregated and tested on a benefits 

13 basis with the portion of 1 or more other de14 fined contribution plans which— 

15 ‘‘(I) provides matching contribu16 tions (as defined in subsection 

17 (m)(4)(A)), 

18 ‘‘(II) provides annuity contracts 

19 described in section 403(b) which are 

20 purchased with matching contributions 

21 or nonelective contributions, or 

22 ‘‘(III) consists of an employee 

23 stock ownership plan (within the 

24 meaning of section 4975(e)(7)) or a tax 
1571 

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1 credit employee stock ownership plan 

2 (within the meaning of section 409(a)). 

3 ‘‘(ii) SPECIAL RULES FOR MATCHING

4 CONTRIBUTIONS.—Rules similar to the rules 

5 of paragraph (1)(B)(ii) shall apply for pur6 poses of clause (i). 

7 ‘‘(C) SPECIAL RULES FOR TESTING DE8 FINED CONTRIBUTION PLAN FEATURES PRO9 VIDING MATCHING CONTRIBUTIONS TO CERTAIN

10 OLDER, LONGER SERVICE PARTICIPANTS.—In the 

11 case of a defined contribution plan which pro12 vides benefits, rights, or features to a closed class 

13 of participants whose accruals under a defined 

14 benefit plan have been reduced or eliminated, the 

15 plan shall not fail to satisfy the requirements of 

16 subsection (a)(4) solely by reason of the composi17 tion of the closed class or the benefits, rights, or 

18 features provided to such closed class if the de19 fined contribution plan and defined benefit plan 

20 otherwise meet the requirements of subparagraph 

21 (A) but for the fact that the make-whole con22 tributions under the defined contribution plan 

23 are made in whole or in part through matching 

24 contributions. 
1572 

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1 ‘‘(D) SPUN-OFF PLANS.—For purposes of 

2 this paragraph, if a portion of a defined con3 tribution plan described in subparagraph (A) or 

4 (C) is spun off to another employer, the treat5 ment under subparagraph (A) or (C) of the 

6 spun-off plan shall continue with respect to the 

7 other employer if such plan continues to comply 

8 with the requirements of clauses (ii) (if the origi9 nal plan was still within the 3-year period de10 scribed in such clause at the time of the spin off) 

11 and (iii) of subparagraph (A), as determined for 

12 purposes of subparagraph (A) or (C), whichever 

13 is applicable. 

14 ‘‘(3) DEFINITIONS AND SPECIAL RULE.—For 

15 purposes of this subsection— 

16 ‘‘(A) MAKE-WHOLE CONTRIBUTIONS.—Ex17 cept as otherwise provided in paragraph (2)(C), 

18 the term ‘make-whole contributions’ means non19 elective allocations for each employee in the class 

20 which are reasonably calculated, in a consistent 

21 manner, to replace some or all of the retirement 

22 benefits which the employee would have received 

23 under the defined benefit plan and any other 

24 plan or qualified cash or deferred arrangement 

25 under subsection (k)(2) if no change had been 
1573 

•HR 1865 EAH 

1 made to such defined benefit plan and such other 

2 plan or arrangement. For purposes of the pre3 ceding sentence, consistency shall not be required 

4 with respect to employees who were subject to dif5 ferent benefit formulas under the defined benefit 

6 plan. 

7 ‘‘(B) REFERENCES TO CLOSED CLASS OF

8 PARTICIPANTS.—References to a closed class of 

9 participants and similar references to a closed 

10 class shall include arrangements under which 1 

11 or more classes of participants are closed, except 

12 that 1 or more classes of participants closed on 

13 different dates shall not be aggregated for pur14 poses of determining the date any such class was 

15 closed. 

16 ‘‘(C) HIGHLY COMPENSATED EMPLOYEE.— 

17 The term ‘highly compensated employee’ has the 

18 meaning given such term in section 414(q).’’. 

19 (b) PARTICIPATION REQUIREMENTS.—Paragraph (26) 

20 of section 401(a) of the Internal Revenue Code of 1986 is 

21 amended by adding at the end the following new subpara22 graph: 

23 ‘‘(I) PROTECTED PARTICIPANTS.— 
1574 

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1 ‘‘(i) IN GENERAL.—A plan shall be 

2 deemed to satisfy the requirements of sub3 paragraph (A) if— 

4 ‘‘(I) the plan is amended— 

5 ‘‘(aa) to cease all benefit ac6 cruals, or 

7 ‘‘(bb) to provide future ben8 efit accruals only to a closed class 

9 of participants, 

10 ‘‘(II) the plan satisfies subpara11 graph (A) (without regard to this sub12 paragraph) as of the effective date of 

13 the amendment, and 

14 ‘‘(III) the amendment was adopt15 ed before April 5, 2017, or the plan is 

16 described in clause (ii). 

17 ‘‘(ii) PLANS DESCRIBED.—A plan is 

18 described in this clause if the plan would be 

19 described in subsection (o)(1)(C), as applied 

20 for purposes of subsection (o)(1)(B)(iii)(IV) 

21 and by treating the effective date of the 

22 amendment as the date the class was closed 

23 for purposes of subsection (o)(1)(C). 

24 ‘‘(iii) SPECIAL RULES.—For purposes 

25 of clause (i)(II), in applying section 
1575 

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1 410(b)(6)(C), the amendments described in 

2 clause (i) shall not be treated as a signifi3 cant change in coverage under section 

4 410(b)(6)(C)(i)(II). 

5 ‘‘(iv) SPUN-OFF PLANS.—For purposes 

6 of this subparagraph, if a portion of a plan 

7 described in clause (i) is spun off to another 

8 employer, the treatment under clause (i) of 

9 the spun-off plan shall continue with respect 

10 to the other employer.’’. 

11 (c) EFFECTIVE DATE.— 

12 (1) IN GENERAL.—Except as provided in para13 graph (2), the amendments made by this section shall 

14 take effect on the date of the enactment of this Act, 

15 without regard to whether any plan modifications re16 ferred to in such amendments are adopted or effective 

17 before, on, or after such date of enactment. 

18 (2) SPECIAL RULES.— 

19 (A) ELECTION OF EARLIER APPLICATION.— 

20 At the election of the plan sponsor, the amend21 ments made by this section shall apply to plan 

22 years beginning after December 31, 2013. 

23 (B) CLOSED CLASSES OF PARTICIPANTS.— 

24 For purposes of paragraphs (1)(A)(iii), 

25 (1)(B)(iii)(IV), and (2)(A)(iv) of section 401(o) 
1576 

•HR 1865 EAH 

1 of the Internal Revenue Code of 1986 (as added 

2 by this section), a closed class of participants 

3 shall be treated as being closed before April 5, 

4 2017, if the plan sponsor’s intention to create 

5 such closed class is reflected in formal written 

6 documents and communicated to participants be7 fore such date. 

8 (C) CERTAIN POST-ENACTMENT PLAN

9 AMENDMENTS.—A plan shall not be treated as 

10 failing to be eligible for the application of section 

11 401(o)(1)(A), 401(o)(1)(B)(iii), or 401(a)(26) of 

12 such Code (as added by this section) to such plan 

13 solely because in the case of— 

14 (i) such section 401(o)(1)(A), the plan 

15 was amended before the date of the enact16 ment of this Act to eliminate 1 or more ben17 efits, rights, or features, and is further 

18 amended after such date of enactment to 

19 provide such previously eliminated benefits, 

20 rights, or features to a closed class of par21 ticipants, or 

22 (ii) such section 401(o)(1)(B)(iii) or 

23 section 401(a)(26), the plan was amended 

24 before the date of the enactment of this Act 

25 to cease all benefit accruals, and is further 
1577 

•HR 1865 EAH 

1 amended after such date of enactment to 

2 provide benefit accruals to a closed class of 

3 participants. 

4 Any such section shall only apply if the plan 

5 otherwise meets the requirements of such section 

6 and in applying such section, the date the class 

7 of participants is closed shall be the effective date 

8 of the later amendment. 

9 SEC. 206. MODIFICATION OF PBGC PREMIUMS FOR CSEC 

10 PLANS. 

11 (a) FLAT RATE PREMIUM.—Subparagraph (A) of sec12 tion 4006(a)(3) of the Employee Retirement Income Secu13 rity Act of 1974 (29 U.S.C. 1306(a)(3)) is amended— 

14 (1) in clause (i), by striking ‘‘plan,’’ and insert15 ing ‘‘plan other than a CSEC plan (as defined in sec16 tion 210(f)(1))’’; 

17 (2) in clause (v), by striking ‘‘or’’ at the end; 

18 (3) in clause (vi), by striking the period at the 

19 end and inserting ‘‘, or’’; and 

20 (4) by adding at the end the following new 

21 clause: 

22 ‘‘(vii) in the case of a CSEC plan (as 

23 defined in section 210(f)(1)), for plan years 

24 beginning after December 31, 2018, for each 

25 individual who is a participant in such 
1578 

•HR 1865 EAH 

1 plan during the plan year an amount equal 

2 to the sum of— 

3 ‘‘(I) the additional premium (if 

4 any) determined under subparagraph 

5 (E), and 

6 ‘‘(II) $19.’’. 

7 (b) VARIABLE RATE PREMIUM.— 

8 (1) UNFUNDED VESTED BENEFITS.— 

9 (A) IN GENERAL.—Subparagraph (E) of 

10 section 4006(a)(3) of the Employee Retirement 

11 Income Security Act of 1974 (29 U.S.C. 

12 1306(a)(3)) is amended by adding at the end the 

13 following new clause: 

14 ‘‘(v) For purposes of clause (ii), in the case 

15 of a CSEC plan (as defined in section 210(f)(1)), 

16 the term ‘unfunded vested benefits’ means, for 

17 plan years beginning after December 31, 2018, 

18 the excess (if any) of— 

19 ‘‘(I) the funding liability of the plan as 

20 determined under section 306(j)(5)(C) for 

21 the plan year by only taking into account 

22 vested benefits, over 

23 ‘‘(II) the fair market value of plan as24 sets for the plan year which are held by the 

25 plan on the valuation date.’’. 
1579 

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1 (B) CONFORMING AMENDMENT.—Clause 

2 (iii) of section 4006(a)(3)(E) of such Act (29 

3 U.S.C. 1306(a)(3)(E)) is amended by striking 

4 ‘‘For purposes’’ and inserting ‘‘Except as pro5 vided in clause (v), for purposes’’. 

6 (2) APPLICABLE DOLLAR AMOUNT.— 

7 (A) IN GENERAL.—Paragraph (8) of section 

8 4006(a) of such Act (29 U.S.C. 1306(a)) is 

9 amended by adding at the end the following new 

10 subparagraph: 

11 ‘‘(E) CSEC PLANS.—In the case of a CSEC 

12 plan (as defined in section 210(f)(1)), the appli13 cable dollar amount shall be $9.’’. 

14 (B) CONFORMING AMENDMENT.—Subpara15 graph (A) of section 4006(a)(8) of such Act (29 

16 U.S.C. 1306(a)(8)) is amended by striking ‘‘(B) 

17 and (C)’’ and inserting ‘‘(B), (C), and (E)’’. 

18 TITLE III—OTHER BENEFITS 

19 SEC. 301. BENEFITS PROVIDED TO VOLUNTEER FIRE20 FIGHTERS AND EMERGENCY MEDICAL RE21 SPONDERS. 

22 (a) INCREASE IN DOLLAR LIMITATION ON QUALIFIED

23 PAYMENTS.—Subparagraph (B) of section 139B(c)(2) of the 

24 Internal Revenue Code of 1986 is amended by striking 

25 ‘‘$30’’ and inserting ‘‘$50’’. 
1580 

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1 (b) EXTENSION.—Section 139B(d) of the Internal Rev2 enue Code of 1986 is amended by striking ‘‘beginning after 

3 December 31, 2010.’’ and inserting ‘‘beginning— 

4 ‘‘(1) after December 31, 2010, and before Janu5 ary 1, 2020, or 

6 ‘‘(2) after December 31, 2020.’’. 

7 (c) TECHNICAL CORRECTION.—Section 3121(a)(23) of 

8 such Code is amended by striking ‘‘139B(b)’’ and inserting 

9 ‘‘section 139B(a)’’. 

10 (d) EFFECTIVE DATE.—The amendments made by this 

11 section shall apply to taxable years beginning after Decem12 ber 31, 2019. 

13 SEC. 302. EXPANSION OF SECTION 529 PLANS. 

14 (a) DISTRIBUTIONS FOR CERTAIN EXPENSES ASSOCI15 ATED WITH REGISTERED APPRENTICESHIP PROGRAMS.— 

16 Section 529(c) of the Internal Revenue Code of 1986 is 

17 amended by adding at the end the following new paragraph: 

18 ‘‘(8) TREATMENT OF CERTAIN EXPENSES ASSOCI19 ATED WITH REGISTERED APPRENTICESHIP PRO20 GRAMS.—Any reference in this subsection to the term 

21 ‘qualified higher education expense’ shall include a 

22 reference to expenses for fees, books, supplies, and 

23 equipment required for the participation of a des24 ignated beneficiary in an apprenticeship program 

25 registered and certified with the Secretary of Labor 
1581 

•HR 1865 EAH 

1 under section 1 of the National Apprenticeship Act 

2 (29 U.S.C. 50).’’. 

3 (b) DISTRIBUTIONS FOR QUALIFIED EDUCATION LOAN

4 REPAYMENTS.— 

5 (1) IN GENERAL.—Section 529(c) of such Code, 

6 as amended by subsection (a), is amended by adding 

7 at the end the following new paragraph: 

8 ‘‘(9) TREATMENT OF QUALIFIED EDUCATION

9 LOAN REPAYMENTS.— 

10 ‘‘(A) IN GENERAL.—Any reference in this 

11 subsection to the term ‘qualified higher education 

12 expense’ shall include a reference to amounts 

13 paid as principal or interest on any qualified 

14 education loan (as defined in section 221(d)) of 

15 the designated beneficiary or a sibling of the des16 ignated beneficiary. 

17 ‘‘(B) LIMITATION.—The amount of distribu18 tions treated as a qualified higher education ex19 pense under this paragraph with respect to the 

20 loans of any individual shall not exceed $10,000 

21 (reduced by the amount of distributions so treat22 ed for all prior taxable years). 

23 ‘‘(C) SPECIAL RULES FOR SIBLINGS OF THE

24 DESIGNATED BENEFICIARY.— 
1582 

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1 ‘‘(i) SEPARATE ACCOUNTING.—For 

2 purposes of subparagraph (B) and sub3 section (d), amounts treated as a qualified 

4 higher education expense with respect to the 

5 loans of a sibling of the designated bene6 ficiary shall be taken into account with re7 spect to such sibling and not with respect to 

8 such designated beneficiary. 

9 ‘‘(ii) SIBLING DEFINED.—For purposes 

10 of this paragraph, the term ‘sibling’ means 

11 an individual who bears a relationship to 

12 the designated beneficiary which is de13 scribed in section 152(d)(2)(B).’’. 

14 (2) COORDINATION WITH DEDUCTION FOR STU15 DENT LOAN INTEREST.—Section 221(e)(1) of such 

16 Code is amended by adding at the end the following: 

17 ‘‘The deduction otherwise allowable under subsection 

18 (a) (prior to the application of subsection (b)) to the 

19 taxpayer for any taxable year shall be reduced (but 

20 not below zero) by so much of the distributions treated 

21 as a qualified higher education expense under section 

22 529(c)(9) with respect to loans of the taxpayer as 

23 would be includible in gross income under section 

24 529(c)(3)(A) for such taxable year but for such treat25 ment.’’. 
1583 

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1 (c) EFFECTIVE DATE.—The amendments made by this 

2 section shall apply to distributions made after December 31, 

3 2018. 

4 TITLE IV—REVENUE 

5 PROVISIONS 

6 SEC. 401. MODIFICATION OF REQUIRED DISTRIBUTION 

7 RULES FOR DESIGNATED BENEFICIARIES. 

8 (a) MODIFICATION OF RULES WHERE EMPLOYEE

9 DIES BEFORE ENTIRE DISTRIBUTION.— 

10 (1) IN GENERAL.—Section 401(a)(9) of the Inter11 nal Revenue Code of 1986 is amended by adding at 

12 the end the following new subparagraph: 

13 ‘‘(H) SPECIAL RULES FOR CERTAIN DE14 FINED CONTRIBUTION PLANS.—In the case of a 

15 defined contribution plan, if an employee dies 

16 before the distribution of the employee’s entire 

17 interest— 

18 ‘‘(i) IN GENERAL.—Except in the case 

19 of a beneficiary who is not a designated 

20 beneficiary, subparagraph (B)(ii)— 

21 ‘‘(I) shall be applied by sub22 stituting ‘10 years’ for ‘5 years’, and 

23 ‘‘(II) shall apply whether or not 

24 distributions of the employee’s interests 
1584 

•HR 1865 EAH 

1 have begun in accordance with sub2 paragraph (A). 

3 ‘‘(ii) EXCEPTION FOR ELIGIBLE DES4 IGNATED BENEFICIARIES.—Subparagraph 

5 (B)(iii) shall apply only in the case of an 

6 eligible designated beneficiary. 

7 ‘‘(iii) RULES UPON DEATH OF ELIGI8 BLE DESIGNATED BENEFICIARY.—If an eli9 gible designated beneficiary dies before the 

10 portion of the employee’s interest to which 

11 this subparagraph applies is entirely dis12 tributed, the exception under clause (ii) 

13 shall not apply to any beneficiary of such 

14 eligible designated beneficiary and the re15 mainder of such portion shall be distributed 

16 within 10 years after the death of such eli17 gible designated beneficiary. 

18 ‘‘(iv) SPECIAL RULE IN CASE OF CER19 TAIN TRUSTS FOR DISABLED OR CHRON20 ICALLY ILL BENEFICIARIES.—In the case of 

21 an applicable multi-beneficiary trust, if 

22 under the terms of the trust— 

23 ‘‘(I) it is to be divided imme24 diately upon the death of the employee 
1585 

•HR 1865 EAH 

1 into separate trusts for each bene2 ficiary, or 

3 ‘‘(II) no individual (other than a 

4 eligible designated beneficiary de5 scribed in subclause (III) or (IV) of 

6 subparagraph (E)(ii)) has any right to 

7 the employee’s interest in the plan 

8 until the death of all such eligible des9 ignated beneficiaries with respect to the 

10 trust, 

11 for purposes of a trust described in sub12 clause (I), clause (ii) shall be applied sepa13 rately with respect to the portion of the em14 ployee’s interest that is payable to any eli15 gible designated beneficiary described in 

16 subclause (III) or (IV) of subparagraph 

17 (E)(ii); and, for purposes of a trust de18 scribed in subclause (II), subparagraph 

19 (B)(iii) shall apply to the distribution of 

20 the employee’s interest and any beneficiary 

21 who is not such an eligible designated bene22 ficiary shall be treated as a beneficiary of 

23 the eligible designated beneficiary upon the 

24 death of such eligible designated beneficiary. 
1586 

•HR 1865 EAH 

1 ‘‘(v) APPLICABLE MULTI-BENEFICIARY

2 TRUST.—For purposes of this subpara3 graph, the term ‘applicable multi-bene4 ficiary trust’ means a trust— 

5 ‘‘(I) which has more than one ben6 eficiary, 

7 ‘‘(II) all of the beneficiaries of 

8 which are treated as designated bene9 ficiaries for purposes of determining 

10 the distribution period pursuant to 

11 this paragraph, and 

12 ‘‘(III) at least one of the bene13 ficiaries of which is an eligible des14 ignated beneficiary described in sub15 clause (III) or (IV) of subparagraph 

16 (E)(ii). 

17 ‘‘(vi) APPLICATION TO CERTAIN ELIGI18 BLE RETIREMENT PLANS.—For purposes of 

19 applying the provisions of this subpara20 graph in determining amounts required to 

21 be distributed pursuant to this paragraph, 

22 all eligible retirement plans (as defined in 

23 section 402(c)(8)(B), other than a defined 

24 benefit plan described in clause (iv) or (v) 

25 thereof or a qualified trust which is a part 
1587 

•HR 1865 EAH 

1 of a defined benefit plan) shall be treated as 

2 a defined contribution plan.’’. 

3 (2) DEFINITION OF ELIGIBLE DESIGNATED BENE4 FICIARY.—Section 401(a)(9)(E) of such Code is 

5 amended to read as follows: 

6 ‘‘(E) DEFINITIONS AND RULES RELATING

7 TO DESIGNATED BENEFICIARIES.—For purposes 

8 of this paragraph— 

9 ‘‘(i) DESIGNATED BENEFICIARY.—The 

10 term ‘designated beneficiary’ means any in11 dividual designated as a beneficiary by the 

12 employee. 

13 ‘‘(ii) ELIGIBLE DESIGNATED BENE14 FICIARY.—The term ‘eligible designated ben15 eficiary’ means, with respect to any em16 ployee, any designated beneficiary who is— 

17 ‘‘(I) the surviving spouse of the 

18 employee, 

19 ‘‘(II) subject to clause (iii), a 

20 child of the employee who has not 

21 reached majority (within the meaning 

22 of subparagraph (F)), 

23 ‘‘(III) disabled (within the mean24 ing of section 72(m)(7)), 
1588 

•HR 1865 EAH 

1 ‘‘(IV) a chronically ill individual 

2 (within the meaning of section 

3 7702B(c)(2), except that the require4 ments of subparagraph (A)(i) thereof 

5 shall only be treated as met if there is 

6 a certification that, as of such date, the 

7 period of inability described in such 

8 subparagraph with respect to the indi9 vidual is an indefinite one which is 

10 reasonably expected to be lengthy in 

11 nature), or 

12 ‘‘(V) an individual not described 

13 in any of the preceding subclauses who 

14 is not more than 10 years younger 

15 than the employee. 

16 The determination of whether a designated 

17 beneficiary is an eligible designated bene18 ficiary shall be made as of the date of death 

19 of the employee. 

20 ‘‘(iii) SPECIAL RULE FOR CHIL21 DREN.—Subject to subparagraph (F), an 

22 individual described in clause (ii)(II) shall 

23 cease to be an eligible designated beneficiary 

24 as of the date the individual reaches major25 ity and any remainder of the portion of the 
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1 individual’s interest to which subparagraph 

2 (H)(ii) applies shall be distributed within 

3 10 years after such date.’’. 

4 (b) EFFECTIVE DATES.— 

5 (1) IN GENERAL.—Except as provided in this 

6 subsection, the amendments made by this section shall 

7 apply to distributions with respect to employees who 

8 die after December 31, 2019. 

9 (2) COLLECTIVE BARGAINING EXCEPTION.—In 

10 the case of a plan maintained pursuant to 1 or more 

11 collective bargaining agreements between employee 

12 representatives and 1 or more employers ratified be13 fore the date of enactment of this Act, the amendments 

14 made by this section shall apply to distributions with 

15 respect to employees who die in calendar years begin16 ning after the earlier of— 

17 (A) the later of— 

18 (i) the date on which the last of such 

19 collective bargaining agreements terminates 

20 (determined without regard to any exten21 sion thereof agreed to on or after the date 

22 of the enactment of this Act), or 

23 (ii) December 31, 2019, or 

24 (B) December 31, 2021. 
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1 For purposes of subparagraph (A)(i), any plan 

2 amendment made pursuant to a collective bargaining 

3 agreement relating to the plan which amends the plan 

4 solely to conform to any requirement added by this 

5 section shall not be treated as a termination of such 

6 collective bargaining agreement. 

7 (3) GOVERNMENTAL PLANS.—In the case of a 

8 governmental plan (as defined in section 414(d) of the 

9 Internal Revenue Code of 1986), paragraph (1) shall 

10 be applied by substituting ‘‘December 31, 2021’’ for 

11 ‘‘December 31, 2019’’. 

12 (4) EXCEPTION FOR CERTAIN EXISTING ANNUITY

13 CONTRACTS.— 

14 (A) IN GENERAL.—The amendments made 

15 by this section shall not apply to a qualified an16 nuity which is a binding annuity contract in ef17 fect on the date of enactment of this Act and at 

18 all times thereafter. 

19 (B) QUALIFIED ANNUITY.—For purposes of 

20 this paragraph, the term ‘‘qualified annuity’’ 

21 means, with respect to an employee, an annu22 ity— 

23 (i) which is a commercial annuity (as 

24 defined in section 3405(e)(6) of the Internal 

25 Revenue Code of 1986); 
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1 (ii) under which the annuity payments 

2 are made over the life of the employee or 

3 over the joint lives of such employee and a 

4 designated beneficiary (or over a period not 

5 extending beyond the life expectancy of such 

6 employee or the joint life expectancy of such 

7 employee and a designated beneficiary) in 

8 accordance with the regulations described in 

9 section 401(a)(9)(A)(ii) of such Code (as in 

10 effect before such amendments) and which 

11 meets the other requirements of section 

12 401(a)(9) of such Code (as so in effect) with 

13 respect to such payments; and 

14 (iii) with respect to which— 

15 (I) annuity payments to the em16 ployee have begun before the date of en17 actment of this Act, and the employee 

18 has made an irrevocable election before 

19 such date as to the method and amount 

20 of the annuity payments to the em21 ployee or any designated beneficiaries; 

22 or 

23 (II) if subclause (I) does not 

24 apply, the employee has made an ir25 revocable election before the date of en-
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1 actment of this Act as to the method 

2 and amount of the annuity payments 

3 to the employee or any designated 

4 beneficiaries. 

5 (5) EXCEPTION FOR CERTAIN BENEFICIARIES.— 

6 (A) IN GENERAL.—If an employee dies be7 fore the effective date, then, in applying the 

8 amendments made by this section to such em9 ployee’s designated beneficiary who dies after 

10 such date— 

11 (i) such amendments shall apply to 

12 any beneficiary of such designated bene13 ficiary; and 

14 (ii) the designated beneficiary shall be 

15 treated as an eligible designated beneficiary 

16 for purposes of applying section 

17 401(a)(9)(H)(ii) of the Internal Revenue 

18 Code of 1986 (as in effect after such amend19 ments). 

20 (B) EFFECTIVE DATE.—For purposes of this 

21 paragraph, the term ‘‘effective date’’ means the 

22 first day of the first calendar year to which the 

23 amendments made by this section apply to a 

24 plan with respect to employees dying on or after 

25 such date. 
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1 SEC. 402. INCREASE IN PENALTY FOR FAILURE TO FILE. 

2 (a) IN GENERAL.—The second sentence of subsection 

3 (a) of section 6651 of the Internal Revenue Code of 1986 

4 is amended by striking ‘‘$330’’ and inserting ‘‘$435’’. 

5 (b) INFLATION ADJUSTMENT.—Section 6651(j)(1) of 

6 such Code is amended by striking ‘‘$330’’ and inserting 

7 ‘‘$435’’. 

8 (c) EFFECTIVE DATE.—The amendments made by this 

9 section shall apply to returns the due date for which (in10 cluding extensions) is after December 31, 2019. 

11 SEC. 403. INCREASED PENALTIES FOR FAILURE TO FILE RE12 TIREMENT PLAN RETURNS. 

13 (a) IN GENERAL.—Subsection (e) of section 6652 of 

14 the Internal Revenue Code of 1986 is amended— 

15 (1) by striking ‘‘$25’’ and inserting ‘‘$250’’; and 

16 (2) by striking ‘‘$15,000’’ and inserting 

17 ‘‘$150,000’’. 

18 (b) ANNUAL REGISTRATION STATEMENT AND NOTIFI19 CATION OF CHANGES.—Subsection (d) of section 6652 of the 

20 Internal Revenue Code of 1986 is amended— 

21 (1) by striking ‘‘$1’’ both places it appears in 

22 paragraphs (1) and (2) and inserting ‘‘$10’’; 

23 (2) by striking ‘‘$5,000’’ in paragraph (1) and 

24 inserting ‘‘$50,000’’; and 

25 (3) by striking ‘‘$1,000’’ in paragraph (2) and 

26 inserting ‘‘$10,000’’. 
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1 (c) FAILURE TO PROVIDE NOTICE.—Subsection (h) of 

2 section 6652 of the Internal Revenue Code of 1986 is 

3 amended— 

4 (1) by striking ‘‘$10’’ and inserting ‘‘$100’’; and 

5 (2) by striking ‘‘$5,000’’ and inserting 

6 ‘‘$50,000’’. 

7 (d) EFFECTIVE DATE.—The amendments made by this 

8 section shall apply to returns, statements, and notifications 

9 required to be filed, and notices required to be provided, 

10 after December 31, 2019. 

11 SEC. 404. INCREASE INFORMATION SHARING TO ADMIN12 ISTER EXCISE TAXES. 

13 (a) IN GENERAL.—Section 6103(o) of the Internal 

14 Revenue Code of 1986 is amended by adding at the end 

15 the following new paragraph: 

16 ‘‘(3) TAXES IMPOSED BY SECTION 4481.—Returns 

17 and return information with respect to taxes imposed 

18 by section 4481 shall be open to inspection by or dis19 closure to officers and employees of United States 

20 Customs and Border Protection of the Department of 

21 Homeland Security whose official duties require such 

22 inspection or disclosure for purposes of administering 

23 such section.’’. 

24 (b) CONFORMING AMENDMENTS.—Paragraph (4) of 

25 section 6103(p) of the Internal Revenue Code of 1986 is 
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1 amended by striking ‘‘or (o)(1)(A)’’ each place it appears 

2 and inserting ‘‘, (o)(1)(A), or (o)(3)’’. 

3 TITLE V—TAX RELIEF FOR 

4 CERTAIN CHILDREN 

5 SEC. 501. MODIFICATION OF RULES RELATING TO THE TAX6 ATION OF UNEARNED INCOME OF CERTAIN 

7 CHILDREN. 

8 (a) IN GENERAL.—Section 1(j) of the Internal Revenue 

9 Code of 1986 is amended by striking paragraph (4). 

10 (b) COORDINATION WITH ALTERNATIVE MINIMUM

11 TAX.—Section 55(d)(4)(A) of the Internal Revenue Code of 

12 1986 is amended by striking ‘‘and’’ at the end of clause 

13 (i)(II), by striking the period at the end of clause (ii)(III) 

14 and inserting ‘‘, and’’, and by adding at the end the fol15 lowing new clause: 

16 ‘‘(iii) subsection (j) of section 59 shall 

17 not apply.’’. 

18 (c) EFFECTIVE DATE.— 

19 (1) IN GENERAL.—Except as otherwise provided 

20 in this subsection, the amendment made by subsection 

21 (a) shall apply to taxable years beginning after De22 cember 31, 2019. 

23 (2) COORDINATION WITH ALTERNATIVE MINIMUM

24 TAX.—The amendment made by subsection (b) shall 
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1 apply to taxable years beginning after December 31, 

2 2017. 

3 (3) ELECTIVE RETROACTIVE APPLICATION.—A 

4 taxpayer may elect (at such time and in such manner 

5 as the Secretary of the Treasury (or the Secretary’s 

6 designee) may provide) for the amendment made by 

7 subsection (a) to also apply to taxable years of the 

8 taxpayer which begin in 2018, 2019, or both (as spec9 ified by the taxpayer in such election). 

10 TITLE VI—ADMINISTRATIVE 

11 PROVISIONS 

12 SEC. 601. PROVISIONS RELATING TO PLAN AMENDMENTS. 

13 (a) IN GENERAL.—If this section applies to any retire14 ment plan or contract amendment— 

15 (1) such retirement plan or contract shall be 

16 treated as being operated in accordance with the 

17 terms of the plan during the period described in sub18 section (b)(2)(A); and 

19 (2) except as provided by the Secretary of the 

20 Treasury (or the Secretary’s delegate), such retirement 

21 plan shall not fail to meet the requirements of section 

22 411(d)(6) of the Internal Revenue Code of 1986 and 

23 section 204(g) of the Employee Retirement Income Se24 curity Act of 1974 by reason of such amendment. 

25 (b) AMENDMENTS TO WHICH SECTION APPLIES.— 
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1 (1) IN GENERAL.—This section shall apply to 

2 any amendment to any retirement plan or annuity 

3 contract which is made— 

4 (A) pursuant to any amendment made by 

5 this Act or pursuant to any regulation issued by 

6 the Secretary of the Treasury or the Secretary of 

7 Labor (or a delegate of either such Secretary) 

8 under this Act; and 

9 (B) on or before the last day of the first 

10 plan year beginning on or after January 1, 

11 2022, or such later date as the Secretary of the 

12 Treasury may prescribe. 

13 In the case of a governmental plan (as defined in sec14 tion 414(d) of the Internal Revenue Code of 1986), or 

15 an applicable collectively bargained plan in the case 

16 of section 401 (and the amendments made thereby), 

17 this paragraph shall be applied by substituting 

18 ‘‘2024’’ for ‘‘2022’’. For purposes of the preceding sen19 tence, the term ‘‘applicable collectively bargained 

20 plan’’ means a plan maintained pursuant to 1 or 

21 more collective bargaining agreements between em22 ployee representatives and 1 or more employers rati23 fied before the date of enactment of this Act. 

24 (2) CONDITIONS.—This section shall not apply to 

25 any amendment unless— 
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1 (A) during the period— 

2 (i) beginning on the date the legislative 

3 or regulatory amendment described in para4 graph (1)(A) takes effect (or in the case of 

5 a plan or contract amendment not required 

6 by such legislative or regulatory amend7 ment, the effective date specified by the 

8 plan); and 

9 (ii) ending on the date described in 

10 paragraph (1)(B) (as modified by the sec11 ond sentence of paragraph (1)) (or, if ear12 lier, the date the plan or contract amend13 ment is adopted), 

14 the plan or contract is operated as if such plan 

15 or contract amendment were in effect; and 

16 (B) such plan or contract amendment ap17 plies retroactively for such period. 

18 DIVISION P—OTHER MATTER 

19 TITLE I—PLATTE RIVER RECOV20 ERY IMPLEMENTATION PRO21 GRAM 

22 SEC. 101. SHORT TITLE. 

23 This title may be cited as the ‘‘Temporary Relief from 

24 Certain ERISA Requirements Act of 2020’’. 
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1 SEC. 102. PURPOSE. 

2 The purpose of this Act is to authorize the Secretary 

3 of the Interior, acting through the Commissioner of Rec4 lamation and in partnership with the States, other Federal 

5 agencies, and other non-Federal entities, to continue the co6 operative effort among the Federal and non-Federal entities 

7 through the continued implementation of the Platte River 

8 Recovery Implementation Program First Increment Exten9 sion for threatened and endangered species in the Central 

10 and Lower Platte River Basin without creating Federal 

11 water rights or requiring the grant of water rights to Fed12 eral entities. 

13 SEC. 103. DEFINITIONS. 

14 In this Act: 

15 (1) AGREEMENT.—The term ‘‘Agreement’’ means 

16 the Platte River Recovery Implementation Program 

17 Cooperative Agreement entered into by the Governors 

18 of the States and the Secretary, including an amend19 ment or addendum to the Agreement to extend the 

20 Program. 

21 (2) FIRST INCREMENT.—The term ‘‘First Incre22 ment’’ means the Program’s first 13 years from Janu23 ary 1, 2007 through December 31, 2019. 

24 (3) FIRST INCREMENT EXTENSION.—The term 

25 ‘‘First Increment Extension’’ means the extension of 
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1 the Program for 13 years from January 1, 2020 

2 through December 31, 2032. 

3 (4) GOVERNANCE COMMITTEE.—The term ‘‘Gov4 ernance Committee’’ means the governance committee 

5 established under the Agreement and composed of 

6 members from the States, the Federal Government, en7 vironmental interests, and water users. 

8 (5) INTEREST IN LAND OR WATER.—The term 

9 ‘‘interest in land or water’’ includes fee title, short10 or long-term easement, lease, or other contractual ar11 rangement that is determined to be necessary by the 

12 Secretary to implement the land and water compo13 nents of the Program. 

14 (6) PROGRAM.—The term ‘‘Program’’ means the 

15 Platte River Recovery Implementation Program es16 tablished under the Agreement and continued under 

17 an amendment or addendum to the Agreement. 

18 (7) PROJECT OR ACTIVITY.—The term ‘‘project or 

19 activity’’ means— 

20 (A) the planning, design, permitting, or 

21 other compliance activity, construction, construc22 tion management, operation, maintenance, and 

23 replacement of a facility; 

24 (B) the acquisition of an interest in land or 

25 water; 
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1 (C) habitat restoration; 

2 (D) research and monitoring; 

3 (E) program administration; and 

4 (F) any other activity that is determined to 

5 be necessary by the Secretary to carry out the 

6 Program. 

7 (8) SECRETARY.—The term ‘‘Secretary’’ means 

8 the Secretary of the Interior, acting through the Com9 missioner of Reclamation. 

10 (9) STATES.—The term ‘‘States’’ means the 

11 States of Colorado, Nebraska, and Wyoming. 

12 SEC. 104. PLATTE RIVER RECOVERY IMPLEMENTATION PRO13 GRAM. 

14 (a) IMPLEMENTATION OF PROGRAM.— 

15 (1) IN GENERAL.—The Secretary, in cooperation 

16 with the Governance Committee, may— 

17 (A) participate in the Program; and 

18 (B) carry out any projects and activities 

19 that are designated for implementation during 

20 the First Increment Extension. 

21 (2) AUTHORITY OF THE SECRETARY.—For the 

22 purposes of carrying out this section, the Secretary, 

23 in cooperation with the Governance Committee, 

24 may— 
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1 (A) enter into agreements and contracts 

2 with Federal and non-Federal entities; 

3 (B) acquire interests in land, water, and fa4 cilities from willing sellers without the use of 

5 eminent domain; 

6 (C) subsequently transfer any interests ac7 quired under subparagraph (B); and 

8 (D) accept or provide grants. 

9 (b) COST-SHARING CONTRIBUTIONS.— 

10 (1) IN GENERAL.—As provided in the Agreement, 

11 the States shall contribute not less than 50 percent of 

12 the total contributions necessary to carry out the Pro13 gram. 

14 (2) NON-FEDERAL CONTRIBUTIONS.—The fol15 lowing contributions shall constitute the States’ share 

16 of the Program: 

17 (A) An additional $28,000,000 in non-Fed18 eral funds, with the balance of funds remaining 

19 to be contributed to be adjusted for inflation on 

20 October 1 of the year after the date of enactment 

21 of this Act and each October 1 thereafter. 

22 (B) Additional credit for contributions of 

23 water or land for the purposes of implementing 

24 the Program, as determined to be appropriate by 

25 the Secretary. 
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1 (3) IN-KIND CONTRIBUTIONS.—The Secretary or 

2 the States may elect to provide a portion of the Fed3 eral share or non-Federal share, respectively, in the 

4 form of in-kind goods or services, if the contribution 

5 of goods or services is approved by the Governance 

6 Committee, as provided in Attachment 1 of the Agree7 ment. 

8 (c) AUTHORITY TO MODIFY PROGRAM.—The Program 

9 may be modified or amended before the completion of the 

10 First Increment Extension if the Secretary and the States 

11 determine that the modifications are consistent with the 

12 purposes of the Program. 

13 (d) EFFECT.— 

14 (1) EFFECT ON RECLAMATION LAWS.—No action 

15 carried out under this section shall, with respect to 

16 the acreage limitation provisions of the reclamation 

17 laws— 

18 (A) be considered in determining whether a 

19 district (as the term is defined in section 202 of 

20 the Reclamation Reform Act of 1982 (43 U.S.C. 

21 390bb)) has discharged the obligation of the dis22 trict to repay the construction cost of project fa23 cilities used to make irrigation water available 

24 for delivery to land in the district; 
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1 (B) serve as the basis for reinstating acre2 age limitation provisions in a district that has 

3 completed payment of the construction obliga4 tions of the district; or 

5 (C) serve as the basis for increasing the con6 struction repayment obligation of the district, 

7 which would extend the period during which the 

8 acreage limitation provisions would apply. 

9 (2) EFFECT ON WATER RIGHTS.—Nothing in this 

10 section— 

11 (A) creates Federal water rights; or 

12 (B) requires the grant of water rights to 

13 Federal entities. 

14 (e) AUTHORIZATION OF APPROPRIATIONS.— 

15 (1) IN GENERAL.—There is authorized to be ap16 propriated to carry out projects and activities under 

17 this section an additional $78,000,000 as adjusted 

18 under paragraph (3). 

19 (2) NONREIMBURSABLE FEDERAL EXPENDI20 TURES.—Any amounts to be expended under para21 graph (1) shall be considered nonreimbursable Federal 

22 expenditures. 

23 (3) ADJUSTMENT.—The balance of funds remain24 ing to be expended shall be adjusted for inflation on 
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1 October 1 of the year after the date of enactment of 

2 this Act and each October 1 thereafter. 

3 (4) AVAILABILITY OF FUNDS.—At the end of each 

4 fiscal year, any unexpended funds for projects and ac5 tivities made available under paragraph (1) shall be 

6 retained for use in future fiscal years to implement 

7 projects and activities under the Program. Any unex8 pended funds appropriated during the First Incre9 ment shall be retained and carried over from the First 

10 Increment into the First Increment Extension. 

11 (f) TERMINATION OF AUTHORITY.—The authority for 

12 the Secretary to implement the First Increment Extension 

13 shall terminate on September 30, 2033. 

14 TITLE II—GREAT LAKES 

15 SEC. 201. GREAT LAKES MONITORING, ASSESSMENT, 

16 SCIENCE, AND RESEARCH. 

17 (a) DEFINITIONS.—In this section: 

18 (1) DIRECTOR.—The term ‘‘Director’’ means the 

19 Director of the United States Geological Survey. 

20 (2) GREAT LAKES BASIN.—The term ‘‘Great 

21 Lakes Basin’’ means the air, land, water, and living 

22 organisms in the United States within the drainage 

23 basin of the Saint Lawrence River at and upstream 

24 from the point at which such river and the Great 
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1 Lakes become the international boundary between 

2 Canada and the United States. 

3 (b) FINDINGS.—Congress finds the following: 

4 (1) The Great Lakes support a diverse ecosystem, 

5 on which the vibrant and economically valuable Great 

6 Lakes fisheries depend. 

7 (2) To continue successful fisheries management 

8 and coordination, as has occurred since signing of the 

9 Convention on Great Lakes Fisheries between the 

10 United States and Canada on September 10, 1954, 

11 management of the ecosystem and its fisheries require 

12 sound, reliable science, and the use of modern sci13 entific technologies. 

14 (3) Fisheries research is necessary to support 

15 multi-jurisdictional fishery management decisions 

16 and actions regarding recreational and sport fishing, 

17 commercial fisheries, tribal harvest, allocation deci18 sions, and fish stocking activities. 

19 (4) President Richard Nixon submitted, and the 

20 Congress approved, Reorganization Plan No. 4 (84 

21 Stat. 2090), conferring science activities and manage22 ment of marine fisheries to the National Oceanic and 

23 Atmospheric Administration. 

24 (5) Reorganization Plan No. 4 expressly excluded 

25 fishery research activities within the Great Lakes 
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1 from the transfer, retaining management and sci2 entific research duties within the already-established 

3 jurisdictions under the 1954 Convention on Great 

4 Lakes Fisheries, including those of the Great Lakes 

5 Fishery Commission and the Department of the Inte6 rior. 

7 (c) MONITORING, ASSESSMENT, SCIENCE, AND RE8 SEARCH.— 

9 (1) IN GENERAL.—The Director may conduct 

10 monitoring, assessment, science, and research, in sup11 port of the binational fisheries within the Great Lakes 

12 Basin. 

13 (2) SPECIFIC AUTHORITIES.—The Director shall, 

14 under paragraph (1)— 

15 (A) execute a comprehensive, multi-lake, 

16 freshwater fisheries science program; 

17 (B) coordinate with and work cooperatively 

18 with regional, State, tribal, and local govern19 ments; and 

20 (C) consult with other interested entities 

21 groups, including academia and relevant Cana22 dian agencies. 

23 (3) INCLUDED RESEARCH.—To properly serve 

24 the needs of fisheries managers, monitoring, assess-
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1 ment, science, and research under this section may 

2 include— 

3 (A) deepwater ecosystem sciences; 

4 (B) biological and food-web components; 

5 (C) fish movement and behavior investiga6 tions; 

7 (D) fish population structures; 

8 (E) fish habitat investigations; 

9 (F) invasive species science; 

10 (G) use of existing, new, and experimental 

11 biological assessment tools, equipment, vessels, 

12 other scientific instrumentation and laboratory 

13 capabilities necessary to support fishery manage14 ment decisions; and 

15 (H) studies to assess impacts on Great 

16 Lakes Fishery resources. 

17 (4) SAVINGS CLAUSE.—Nothing in this section is 

18 intended or shall be construed to impede, supersede, 

19 or alter the authority of the Great Lakes Fishery 

20 Commission, States, and Indian tribes under the Con21 vention on Great Lakes Fisheries between the United 

22 States of America and Canada on September 10, 

23 1954, and the Great Lakes Fishery Act of 1956 (16 

24 U.S.C. 931 et seq.). 
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1 (d) AUTHORIZATION OF APPROPRIATIONS.—For each 

2 of fiscal years 2021 through 2025, there is authorized to 

3 be appropriated $15,000,000 to carry out this section. 

4 TITLE III—MORRIS K. UDALL 

5 AND STEWART L. UDALL 

6 FOUNDATION 

7 SEC. 301. FINDINGS. 

8 Congress finds the following: 

9 (1) Since 1999, the Morris K. Udall and Stewart 

10 L. Udall Foundation (referred to in this Act as the 

11 ‘‘Foundation’’) has operated the Parks in Focus pro12 gram to provide opportunities for the youth of the 

13 United States to learn about and experience the Na14 tion’s parks and wilderness, and other outdoor areas. 

15 (2) Since 2001, the Foundation has conducted 

16 research and provided education and training to Na17 tive American and Alaska Native professionals and 

18 leaders on Native American and Alaska Native health 

19 care issues and tribal public policy through the Na20 tive Nations Institute for Leadership, Management, 

21 and Policy. 

22 (3) The Foundation is committed to continuing 

23 to make a substantial contribution toward public pol24 icy in the future by— 
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1 (A) playing a significant role in developing 

2 the next generation of environmental, public 

3 health, public lands, natural resource, and Na4 tive American leaders; and 

5 (B) working with current leaders to im6 prove collaboration and decision-making on chal7 lenging environmental, energy, public health, 

8 and related economic problems and tribal gov9 ernance and economic development issues. 

10 SEC. 302. DEFINITIONS. 

11 (a) IN GENERAL.—Section 4 of the Morris K. Udall 

12 and Stewart L. Udall Foundation Act (20 U.S.C. 5602) is 

13 amended— 

14 (1) in paragraph (2), by striking ‘‘the Udall 

15 Center for Studies in Public Policy established at the 

16 University of Arizona in 1987’’ and inserting ‘‘the 

17 Udall Center for Studies in Public Policy established 

18 in 1987 at the University of Arizona, and includes 

19 the Native Nations Institute’’; 

20 (2) by striking paragraph (6); 

21 (3) by redesignating paragraphs (3) through (5), 

22 (8), and (9) as paragraphs (4) through (6), (11), and 

23 (12), respectively; 

24 (4) by inserting after paragraph (2) the fol25 lowing: 
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1 ‘‘(3) the term ‘collaboration’ means to work in 

2 partnership with other entities for the purpose of— 

3 ‘‘(A) resolving disputes; 

4 ‘‘(B) addressing issues that may cause or 

5 result in disputes; or 

6 ‘‘(C) streamlining and enhancing Federal, 

7 State, or tribal environmental and natural re8 source decision-making processes or procedures 

9 that may result in a dispute or conflict;’’; 

10 (5) in paragraph (7), by striking ‘‘section 

11 1201(a)’’ and inserting ‘‘section 101(a)’’; 

12 (6) by inserting after paragraph (7) the fol13 lowing: 

14 ‘‘(8) the term ‘National Center’ means the John 

15 S. McCain III National Center for Environmental 

16 Conflict Resolution established pursuant to section 

17 7(a)(1)(B);’’; and 

18 (7) by inserting after paragraph (8), as added by 

19 paragraph (6), the following: 

20 ‘‘(9) the term ‘Nation’s parks and wilderness’ 

21 means units of the National Park System and compo22 nents of the National Wilderness Preservation System; 

23 ‘‘(10) the term ‘Native Nations Institute’ means 

24 the Native Nations Institute for Leadership, Manage-
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1 ment, and Policy established at the University of Ari2 zona in 2001;’’. 

3 (b) CONFORMING AMENDMENT.—Section 3(5)(B) of the 

4 Morris K. Udall and Stewart L. Udall Foundation Act (20 

5 U.S.C. 5601(5)(B)) is amended by striking ‘‘the United 

6 States Institute for Environmental Conflict Resolution’’ 

7 and inserting ‘‘the National Center (previously known as 

8 the United States Institute for Environmental Conflict Res9 olution)’’. 

10 (c) REFERENCES TO UNITED STATES INSTITUTE FOR

11 ENVIRONMENTAL CONFLICT RESOLUTION.—Any reference 

12 to the United States Institute for Environmental Conflict 

13 Resolution in any Federal law, Executive Order, rule, dele14 gation of authority, or document shall be construed to refer 

15 to the John S. McCain III National Center for Environ16 mental Conflict Resolution established under section 

17 7(a)(1)(B) of the Morris K. Udall and Stewart L. Udall 

18 Foundation Act (20 U.S.C. 5605(a)(1)(B)). 

19 SEC. 303. ESTABLISHMENT OF MORRIS K. UDALL AND STEW20 ART L. UDALL FOUNDATION. 

21 Section 5(e) of the Morris K. Udall and Stewart L. 

22 Udall Foundation Act (20 U.S.C. 5603(e)) is amended by 

23 striking ‘‘Arizona.’’ and inserting ‘‘Arizona and the Dis24 trict of Columbia.’’. 
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1 SEC. 304. PURPOSE OF THE FOUNDATION. 

2 Section 6 of the Morris K. Udall and Stewart L. Udall 

3 Foundation Act (20 U.S.C. 5604) is amended— 

4 (1) in paragraph (4), by striking ‘‘establish a 

5 Program for Environmental Policy Research and En6 vironmental Conflict Resolution and Training at the 

7 Center’’ and inserting ‘‘establish a program for envi8 ronmental policy research at the Center and a pro9 gram for environmental conflict resolution and train10 ing at the National Center’’; 

11 (2) in paragraph (5), by inserting ‘‘, natural re12 source, conflict resolution,’’ after ‘‘environmental’’; 

13 (3) in paragraph (7)— 

14 (A) by inserting ‘‘at the Native Nations In15 stitute’’ after ‘‘develop resources’’; and 

16 (B) by inserting ‘‘providing education to 

17 and’’ after ‘‘policy, by’’; and 

18 (4) in paragraph (8)— 

19 (A) by striking ‘‘United States Institute for 

20 Environmental Conflict Resolution’’ and insert21 ing ‘‘John S. McCain III National Center for 

22 Environmental Conflict Resolution’’; and 

23 (B) by striking ‘‘resolve environmental’’ and 

24 inserting ‘‘resolve environmental issues, conflicts, 

25 and’’. 
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1 SEC. 305. AUTHORITY OF THE FOUNDATION. 

2 Section 7 of the Morris K. Udall and Stewart L. Udall 

3 Foundation Act (20 U.S.C. 5605) is amended— 

4 (1) in subsection (a)— 

5 (A) in paragraph (1)— 

6 (i) by striking subparagraphs (A) 

7 through (C) and inserting the following: 

8 ‘‘(A) GENERAL PROGRAMMING AUTHOR9 ITY.—The Foundation is authorized to identify 

10 and conduct, directly or by contract, such pro11 grams, activities, and services as the Foundation 

12 considers appropriate to carry out the purposes 

13 described in section 6, which may include— 

14 ‘‘(i) awarding scholarships, fellowships, 

15 internships, and grants, by national com16 petition, to eligible individuals, as deter17 mined by the Foundation and in accord18 ance with paragraphs (2), (3), and (4), for 

19 study in fields related to the environment or 

20 Native American and Alaska Native health 

21 care and tribal policy; 

22 ‘‘(ii) funding the Center to carry out 

23 and manage other programs, activities, and 

24 services; and 

25 ‘‘(iii) other education programs that 

26 the Board determines are consistent with 
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1 the purposes for which the Foundation is es2 tablished.’’; 

3 (ii) by redesignating subparagraph (D) 

4 as subparagraph (B); and 

5 (iii) in subparagraph (B), as redesig6 nated— 

7 (I) in the subparagraph heading, 

8 by striking ‘‘INSTITUTE FOR ENVIRON9 MENTAL CONFLICT RESOLUTION’’ and 

10 inserting ‘‘JOHN S. MCCAIN III NA11 TIONAL CENTER FOR ENVIRONMENTAL

12 CONFLICT RESOLUTION’’; 

13 (II) in clause (i)— 

14 (aa) in subclause (I), by 

15 striking ‘‘United States Institute 

16 for Environmental Conflict Reso17 lution’’ and inserting ‘‘John S. 

18 McCain III National Center for 

19 Environmental Conflict Resolu20 tion’’; and 

21 (bb) in subclause (II)— 

22 (AA) by inserting ‘‘col23 laboration,’’ after ‘‘medi24 ation,’’; and 
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1 (BB) by striking ‘‘to re2 solve environmental dis3 putes.’’ and inserting the fol4 lowing: ‘‘to resolve— 

5 ‘‘(aa) environmental dis6 putes; and 

7 ‘‘(bb) Federal, State, or trib8 al environmental or natural re9 source decision-making processes 

10 or procedures that may result in a 

11 dispute or conflict that may cause 

12 or result in disputes.’’; and 

13 (III) in clause (ii), by inserting 

14 ‘‘collaboration,’’ after ‘‘mediation,’’; 

15 (B) by striking paragraph (5); 

16 (C) by redesignating paragraphs (6) and 

17 (7) as paragraphs (7) and (8), respectively; 

18 (D) by inserting after paragraph (4) the fol19 lowing: 

20 ‘‘(5) PARKS IN FOCUS.—The Foundation shall— 

21 ‘‘(A) identify and invite the participation 

22 of youth throughout the United States to enjoy 

23 the Nation’s parks and wilderness and other out24 door areas, in an education program intended to 
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1 carry out the purpose of paragraphs (1) and (2) 

2 of section 6; and 

3 ‘‘(B) provide training and education pro4 grams and activities to teach Federal employees, 

5 natural resource professionals, elementary and 

6 secondary school educators, and others to work 

7 with youth to promote the use and enjoyment of 

8 the Nation’s parks and wilderness and other out9 door areas. 

10 ‘‘(6) SPECIFIC PROGRAMS.—The Foundation 

11 shall assist in the development and implementation of 

12 programs at the Center— 

13 ‘‘(A) to provide for an annual meeting of 

14 experts to discuss contemporary environmental 

15 issues; 

16 ‘‘(B) to conduct environmental policy re17 search; and 

18 ‘‘(C) to promote dialogue with visiting pol19 icymakers on environmental, natural resource, 

20 and public lands issues.’’; 

21 (E) in paragraph (7), as redesignated by 

22 subparagraph (C), by striking ‘‘Morris K. 

23 Udall’s papers’’ and inserting ‘‘the papers of 

24 Morris K. Udall and Stewart L. Udall’’; and 

25 (F) by adding at the end the following: 
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1 ‘‘(9) NATIVE NATIONS INSTITUTE.—The Founda2 tion shall provide direct or indirect assistance to the 

3 Native Nations Institute from the annual appropria4 tions to the Trust Fund in such amounts as Congress 

5 may direct to conduct research and provide education 

6 and training to Native American and Alaska Native 

7 professionals and leaders on Native American and 

8 Alaska Native health care issues and tribal public 

9 policy issues as provided in section 6(7).’’; 

10 (2) by striking subsection (c) and inserting the 

11 following: 

12 ‘‘(c) PROGRAM PRIORITIES.— 

13 ‘‘(1) IN GENERAL.—The Foundation shall deter14 mine the priority of the programs to be carried out 

15 under this Act and the amount of funds to be allo16 cated for such programs from the funds earned annu17 ally from the interest derived from the investment of 

18 the Trust Fund, subject to paragraph (2). 

19 ‘‘(2) LIMITATIONS.—In determining the amount 

20 of funds to be allocated for programs carried out 

21 under this Act for a year— 

22 ‘‘(A) not less than 50 percent of such an23 nual interest earnings shall be utilized for the 

24 programs set forth in paragraphs (2), (3), (4), 

25 and (5) of subsection (a); 
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1 ‘‘(B) not more than 17.5 percent of such an2 nual interest earnings shall be allocated for sala3 ries and other administrative purposes; and 

4 ‘‘(C) not less than 20 percent of such an5 nual interest earnings shall be appropriated to 

6 the Center for activities under paragraphs (7) 

7 and (8) of subsection (a).’’; and 

8 (3) by adding at the end the following: 

9 ‘‘(d) DONATIONS.—Any funds received by the Founda10 tion in the form of donations or grants, as well as any unex11 pended earnings on interest from the Trust Fund that is 

12 carried forward from prior years— 

13 ‘‘(1) shall not be included in the calculation of 

14 the funds available for allocations pursuant to sub15 section (c); and 

16 ‘‘(2) shall be available to carry out the provi17 sions of this Act as the Board determines to be nec18 essary and appropriate.’’. 

19 SEC. 306. ENVIRONMENTAL DISPUTE RESOLUTION FUND. 

20 Section 10(b) of the Morris K. Udall and Stewart L. 

21 Udall Foundation Act (20 U.S.C. 5607a(b)) is amended by 

22 striking ‘‘Institute’’ and inserting ‘‘National Center’’. 
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1 SEC. 307. USE OF THE NATIONAL CENTER BY A FEDERAL 

2 AGENCY OR OTHER ENTITY. 

3 Section 11 of the Morris K. Udall and Stewart L. 

4 Udall Foundation Act (20 U.S.C. 5607b) is amended— 

5 (1) in the section heading, by striking ‘‘THE IN6 STITUTE’’ and inserting ‘‘THE NATIONAL CEN7 TER’’; 

8 (2) in subsection (a)— 

9 (A) by striking ‘‘Institute’’ and inserting 

10 ‘‘National Center’’; 

11 (B) by inserting ‘‘collaboration,’’ after ‘‘me12 diation,’’; and 

13 (C) by striking ‘‘resources.’’ and inserting 

14 ‘‘resources, or with a Federal, State, or tribal 

15 process or procedure that may result in a dis16 pute or conflict.’’; 

17 (3) in subsection (b)(1), by striking ‘‘Institute’’ 

18 and inserting ‘‘National Center’’; 

19 (4) in subsection (c)— 

20 (A) in paragraph (1), by striking ‘‘Insti21 tute’’ and inserting ‘‘National Center’’; 

22 (B) in paragraph (2)(C), by inserting ‘‘me23 diation, collaboration, and’’ after ‘‘agree to’’; and 

24 (C) in paragraph (3)(A), by striking ‘‘Insti25 tute’’ and inserting ‘‘National Center’’; 
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1 (5) in each of paragraphs (1)(A) and (2) of sub2 section (d), by striking ‘‘Institute’’ and inserting 

3 ‘‘National Center’’; 

4 (6) in each of paragraphs (1) and (2) of sub5 section (e), by striking ‘‘Institute’’ and inserting ‘‘Na6 tional Center’’; and 

7 (7) in subsection (f), by striking ‘‘Institute’’ and 

8 inserting ‘‘National Center’’. 

9 SEC. 308. ADMINISTRATIVE PROVISIONS. 

10 Section 12 of the Morris K. Udall and Stewart L. 

11 Udall Foundation Act (20 U.S.C. 5608) is amended— 

12 (1) in subsection (a)— 

13 (A) in paragraph (4), by striking ‘‘accept, 

14 hold, administer, and utilize gifts’’ and inserting 

15 ‘‘accept, hold, solicit, administer, and utilize do16 nations, grants, and gifts’’; and 

17 (B) in paragraph (7), by striking ‘‘in the 

18 District of Columbia or its environs’’ and insert19 ing ‘‘in the District of Columbia and Tucson, 

20 Arizona, or their environs’’; and 

21 (2) in subsection (b), by striking ‘‘, with the ex22 ception of paragraph (4), apply to the Institute’’ and 

23 inserting ‘‘apply to the National Center’’. 
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1 SEC. 309. AUTHORIZATION OF APPROPRIATIONS. 

2 Section 13 of the Morris K. Udall and Stewart L. 

3 Udall Foundation Act (20 U.S.C. 5609) is amended— 

4 (1) in subsection (a), by striking ‘‘$40,000,000’’ 

5 and inserting ‘‘$2,000,000 for each of fiscal years 

6 2020 through 2023’’; and 

7 (2) in subsection (b), by striking ‘‘fiscal years 

8 2004 through 2008’’ and inserting ‘‘fiscal years 2020 

9 through 2023’’. 

10 SEC. 310. AUDIT OF THE FOUNDATION. 

11 Not later than 2 years after the date of enactment of 

12 this Act, the Inspector General of the Department of the 

13 Interior shall conduct an audit of the Morris K. Udall and 

14 Stewart L. Udall Foundation. 

15 TITLE IV—WHITE HORSE HILL 

16 NATIONAL GAME PRESERVE 

17 SEC. 401. SHORT TITLE. 

18 This title may be cited as the ‘‘White Horse Hill Na19 tional Game Preserve Designation Act’’. 

20 SEC. 402. DESIGNATION OF WHITE HORSE HILL NATIONAL 

21 GAME PRESERVE, NORTH DAKOTA. 

22 (a) REDESIGNATION.—The first section of the Act of 

23 March 3, 1931 (46 Stat. 1509, chapter 439; 16 U.S.C. 

24 674a), is amended by striking ‘‘Sullys Hill National Game 

25 Preserve’’ and inserting ‘‘White Horse Hill National Game 

26 Preserve’’. 
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1 (b) CONFORMING AMENDMENT.—Section 2 of the Act 

2 of March 3, 1931 (46 Stat. 1509, chapter 439; 16 U.S.C. 

3 674b), is amended by striking ‘‘Sullys Hill National Game 

4 Preserve’’ and inserting ‘‘White Horse Hill National Game 

5 Preserve’’. 

6 (c) REFERENCES.—Any reference in a law, map, regu7 lation, document, paper, or other record of the United 

8 States to the Sullys Hill National Game Preserve shall be 

9 considered to be a reference to the ‘‘White Horse Hill Na10 tional Game Preserve’’. 

11 TITLE V—PITTMAN-ROBERTSON 

12 FUND 

13 SEC. 501. MODERNIZING THE PITTMAN-ROBERTSON FUND 

14 FOR TOMORROW’S NEEDS. 

15 (a) SHORT TITLE.—This title may be cited as the 

16 ‘‘Modernizing the Pittman-Robertson Fund for Tomorrow’s 

17 Needs Act’’. 

18 (b) PURPOSE.—The first section of the Pittman-Rob19 ertson Wildlife Restoration Act (16 U.S.C. 669) is amended 

20 by adding at the end the following: ‘‘One of the purposes 

21 of this Act is to provide financial and technical assistance 

22 to the States for the promotion of hunting and recreational 

23 shooting.’’. 

24 (c) DEFINITIONS.—Section 2 of the Pittman-Robertson 

25 Wildlife Restoration Act (16 U.S.C. 669a) is amended— 
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1 (1) by redesignating paragraphs (2) through (9) 

2 as paragraphs (4) through (11), respectively; and 

3 (2) by inserting after paragraph (1) the fol4 lowing: 

5 ‘‘(2) for the purposes of determining the number 

6 of paid hunting-license holders in a State, the term 

7 ‘fiscal year’ means the fiscal year or license year of 

8 the State; 

9 ‘‘(3) the term ‘hunter recruitment and rec10 reational shooter recruitment’ means any activity or 

11 project to recruit or retain hunters and recreational 

12 shooters, including by— 

13 ‘‘(A) outreach and communications as a 

14 means— 

15 ‘‘(i) to improve communications with 

16 hunters, recreational shooters, and the gen17 eral public with respect to hunting and rec18 reational shooting opportunities; 

19 ‘‘(ii) to reduce barriers to participa20 tion in these activities; 

21 ‘‘(iii) to advance the adoption of sound 

22 hunting and recreational shooting practices; 

23 ‘‘(iv) to promote conservation and the 

24 responsible use of the wildlife resources of 

25 the United States; and 
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1 ‘‘(v) to further safety in hunting and 

2 recreational shooting; 

3 ‘‘(B) providing education, mentoring, and 

4 field demonstrations; 

5 ‘‘(C) enhancing access for hunting and rec6 reational shooting, including through range con7 struction; and 

8 ‘‘(D) providing education to the public 

9 about the role of hunting and recreational shoot10 ing in funding wildlife conservation;’’. 

11 (d) APPORTIONMENT OF AVAILABLE AMOUNTS.— 

12 (1) APPORTIONMENT OF CERTAIN TAXES.—The 

13 first subsection (c) of section 4 of the Pittman-Robert14 son Wildlife Restoration Act (16 U.S.C. 669c) is 

15 amended— 

16 (A) by inserting ‘‘APPORTIONMENT OF REV17 ENUES FROM PISTOLS, REVOLVERS, BOWS, AND

18 ARROWS.—’’ after the enumerator; 

19 (B) by striking ‘‘One-half’’ and inserting 

20 the following: 

21 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

1 22 ⁄2’’; 

23 (C) by striking ‘‘: Provided, That’’ and in24 serting a period; 
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1 (D) by striking ‘‘each State shall be appor2 tioned not more than 3 per centum and not less 

3 than 1 per centum of such revenues’’ and insert4 ing the following: 

5 ‘‘(2) CONDITION.—The amount apportioned to 

6 each State under paragraph (1) shall be not greater 

7 than 3 percent and not less than 1 percent of the reve8 nues described in such paragraph’’; 

9 (E) by striking ‘‘For the purpose’’ and in10 serting the following: 

11 ‘‘(3) POPULATION DETERMINATION.—For the 

12 purpose’’; and 

13 (F) by adding at the end the following: 

14 ‘‘(4) USE OF FUNDS.—In addition to other uses 

15 authorized under this Act, amounts apportioned 

16 under this subsection may be used for hunter recruit17 ment and recreational shooter recruitment.’’. 

18 (2) TECHNICAL CORRECTION.—Section 4 of the 

19 Pittman-Robertson Wildlife Restoration Act (16 

20 U.S.C. 669c) is amended— 

21 (A) by redesignating the second subsection 

22 (c) and subsection (d) as subsections (d) and (e), 

23 respectively; and 
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1 (B) by striking ‘‘subsection (c)’’ in the re2 designated section 4(e)(3) and replacing it with 

3 ‘‘subsection (d), as redesignated’’. 

4 (e) EXPENDITURES FOR MANAGEMENT OF WILDLIFE

5 AREAS AND RESOURCES.—Section 8 of the Pittman-Robert6 son Wildlife Restoration Act (16 U.S.C. 669g) is amend7 ed— 

8 (1) in subsection (a), in the third sentence, by 

9 striking ‘‘and public relations’’; and 

10 (2) in subsection (b), in the first sentence, by 

11 striking ‘‘, as a part of such program’’. 

12 (f) FIREARM AND BOW HUNTER EDUCATION AND

13 SAFETY PROGRAM GRANTS.—Section 10(a)(1)(A) of the 

14 Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 

15 669h–1(a)(1)(A)) is amended— 

16 (1) in clause (iii), by striking ‘‘and’’ at the end; 

17 and 

18 (2) by adding at the end the following: 

19 ‘‘(v) the enhancement of hunter recruit20 ment and recreational shooter recruitment; 

21 and’’. 

22 (g) MULTISTATE CONSERVATION GRANT PROGRAM.— 

23 (1) IN GENERAL.—Section 11 of the Pittman24 Robertson Wildlife Restoration Act (16 U.S.C. 669h– 

25 2) is amended— 
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1 (A) in subsection (a)(1)— 

2 (i) by striking ‘‘Not more than’’ and 

3 inserting the following: 

4 ‘‘(A) IN GENERAL.—Not more than’’; and 

5 (ii) by adding at the end the following: 

6 ‘‘(B) AVAILABILITY FOR HUNTER AND REC7 REATIONAL SHOOTER GRANTS.—Not more than 

8 $5,000,000 of the revenues covered into the fund 

9 from any tax imposed under section 4161(b) of 

10 the Internal Revenue Code of 1986 for a fiscal 

11 year shall be available to the Secretary exclu12 sively for making hunter recruitment and rec13 reational shooter recruitment grants that pro14 mote a national hunting and shooting sport re15 cruitment program, including related commu16 nication and outreach activities.’’; 

17 (B) in the matter preceding subsection 

18 (b)(3)(A), by striking ‘‘International’’; 

19 (C) in the matter preceding subsection 

20 (c)(2)(A)(i), by striking ‘‘International’’; 

21 (D) in subsection (c)(2)(A)(i), by inserting 

22 ‘‘or to recreational shooting activities’’ after 

23 ‘‘wildlife’’; and 

24 (E) in subsection (d), by inserting ‘‘or to 

25 recreational shooting activities’’ after ‘‘wildlife’’. 
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1 (2) STUDY.—Not later than 10 years after the 

2 date of enactment of this Act, the Secretary of the In3 terior, acting through the Director of the United 

4 States Fish and Wildlife Service, shall— 

5 (A) review and evaluate the effects of the 

6 funds made available under subparagraph (B) of 

7 section 11(a)(1) of the Pittman-Robertson Wild8 life Restoration Act (16 U.S.C. 669h–2(a)(1)) (as 

9 added by paragraph (1)(A)(ii)) on funds avail10 able for wildlife conservation; and 

11 (B) submit a report describing the results of 

12 the review and evaluation under paragraph (1) 

13 to— 

14 (i) the Committee on Environment and 

15 Public Works of the Senate; and 

16 (ii) the Committee on Natural Re17 sources of the House of Representatives. 

18 TITLE VI—JOHN F. KENNEDY 

19 CENTER 

20 SEC. 601. SHORT TITLE. 

21 This title may be cited as the ‘‘John F. Kennedy Cen22 ter Reauthorization Act of 2019’’. 

23 SEC. 602. AUTHORIZATION OF APPROPRIATIONS. 

24 Section 13 of the John F. Kennedy Center Act (20 

25 U.S.C. 76r), as amended by the Department of the Interior, 
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1 Environment, and Related Agencies Appropriations Act, 

2 2020, is further amended by striking subsections (a) and 

3 (b) and inserting the following: 

4 ‘‘(a) MAINTENANCE, REPAIR, AND SECURITY.—There 

5 are authorized to be appropriated to the Board to carry 

6 out section 4(a)(1)(H)— 

7 ‘‘(1) $25,690,000 for fiscal year 2020; 

8 ‘‘(2) $27,000,000 for fiscal year 2021; 

9 ‘‘(3) $28,000,000 for fiscal year 2022; 

10 ‘‘(4) $29,000,000 for fiscal year 2023; and 

11 ‘‘(5) $30,000,000 for fiscal year 2024. 

12 ‘‘(b) CAPITAL PROJECTS.—There are authorized to be 

13 appropriated to the Board to carry out subparagraphs (F) 

14 and (G) of section 4(a)(1)— 

15 ‘‘(1) $17,800,000 for fiscal year 2020; 

16 ‘‘(2) $18,000,000 for fiscal year 2021; 

17 ‘‘(3) $19,000,000 for fiscal year 2022; 

18 ‘‘(4) $20,000,000 for fiscal year 2023; and 

19 ‘‘(5) $21,000,000 for fiscal year 2024.’’. 

20 SEC. 603. COMMEMORATION OF THE JOHN F. KENNEDY 

21 CENTER FOR THE PERFORMING ARTS. 

22 (a) SENSE OF CONGRESS.—It is the sense of Congress 

23 that the John F. Kennedy Center for the Performing Arts 

24 (referred to in this Act as the ‘‘Center’’)— 
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1 (1) recognize the year 2021 as the 50th anniver2 sary of the opening of the Center; 

3 (2) acknowledge and commemorate the mission of 

4 the Center as a national center for the performing 

5 arts and a national memorial to President John F. 

6 Kennedy; and 

7 (3) recognize that the year 2018 is the 60th an8 niversary of the signing of the National Cultural Cen9 ter Act (now known as the ‘‘John F. Kennedy Center 

10 Act’’) (20 U.S.C. 76h et seq.), signed into law by 

11 President Dwight D. Eisenhower on September 2, 

12 1958. 

13 (b) AUTHORIZATION FOR PLAQUE.— 

14 (1) IN GENERAL.—The Center shall place within 

15 the Center a plaque containing an inscription to com16 memorate the 60th anniversary of the signing of the 

17 National Cultural Center Act (20 U.S.C. 76h et seq.) 

18 by President Dwight D. Eisenhower. 

19 (2) SPECIFICATIONS.—The plaque shall be— 

20 (A)(i) not less than 6 square feet in size; 

21 and 

22 (ii) not more than 18 square feet in size; 

23 (B) of any shape that the Trustees of the 

24 Center determine to be appropriate; and 
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1 (C) placed at a location within the Center 

2 approximate to the Eisenhower Theater that the 

3 Trustees of the Center determine to be appro4 priate. 

5 (3) FUNDING.— 

6 (A) IN GENERAL.—No Federal funds may 

7 be used to design, procure, or install the plaque. 

8 (B) EXCEPTION.—Subparagraph (A) shall 

9 not affect the payment of salaries, expenses, and 

10 benefits otherwise authorized by law for members 

11 and employees of the Center who participate in 

12 carrying out this subsection. 

13 (4) PRIVATE FUNDRAISING AUTHORIZED.— 

14 (A) IN GENERAL.—The Center may solicit 

15 and accept private contributions for the design, 

16 procurement, and installation of the plaque. 

17 (B) ACCOUNTING.—The Center may— 

18 (i) establish an account into which any 

19 contributions received pursuant to subpara20 graph (A) shall be deposited; and 

21 (ii) maintain documentation of any 

22 contributions received pursuant to subpara23 graph (A). 
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1 TITLE VII—PRESERVING 

2 AMERICA’S BATTLEFIELDS 

3 SEC. 701. SHORT TITLE. 

4 This title may be cited as the ‘‘Preserving America’s 

5 Battlefields Act’’. 

6 SEC. 702. AUTHORIZATION OF APPROPRIATIONS FOR BAT7 TLEFIELD ACQUISITION GRANT PROGRAM. 

8 Section 308103(f) of title 54, United States Code, is 

9 amended by striking ‘‘$10,000,000 for each of fiscal years 

10 2012 and 2013’’ and inserting ‘‘$18,000,000 for each of fis11 cal years 2020 through 2028’’. 

12 SEC. 703. ESTABLISHMENT OF BATTLEFIELD INTERPRETA13 TION MODERNIZATION GRANT PROGRAM AND 

14 BATTLEFIELD RESTORATION GRANT PRO15 GRAM. 

16 (a) ESTABLISHMENT OF BATTLEFIELD GRANT PRO17 GRAMS.—Chapter 3081 of title 54, United States Code, is 

18 amended by adding at the end the following: 

19 ‘‘§ 308104. Battlefield interpretation modernization 

20 grant program 

21 ‘‘(a) ESTABLISHMENT.—The Secretary shall establish 

22 a battlefield interpretation modernization grant program 

23 under which the Secretary may provide competitive grants 

24 to States, Tribes, local governments, and nonprofit organi-
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1 zations for projects and programs that deploy technology 

2 to modernize battlefield interpretation and education. 

3 ‘‘(b) ELIGIBLE SITES.—The Secretary may make 

4 grants under this section for Revolutionary War, War of 

5 1812, and Civil War battlefield sites eligible for assistance 

6 under the battlefield acquisition grant program established 

7 under section 308103(b). 

8 ‘‘(c) FEDERAL SHARE.—The Federal share of the cost 

9 of a project or program funded through a grant provided 

10 under the program established under subsection (a) shall 

11 be not more than 50 percent of the total cost of the applica12 ble project or program. 

13 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There is 

14 authorized to be appropriated to the Secretary to provide 

15 grants under this section $1,000,000 for each of fiscal years 

16 2020 through 2028. 

17 ‘‘§ 308105. Battlefield restoration grant program 

18 ‘‘(a) ESTABLISHMENT.—The Secretary shall establish 

19 a battlefield restoration grant program (referred to in this 

20 section as the ‘program’) under which the Secretary may 

21 provide grants to States, Tribes, local governments, and 

22 nonprofit organizations for projects that restore day-of-bat23 tle conditions on land preserved under the battlefield acqui24 sition grant program established under section 308103(b). 
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1 ‘‘(b) ELIGIBLE SITES.—The Secretary may make 

2 grants under this section for Revolutionary War, War of 

3 1812, and Civil War battlefield sites eligible for assistance 

4 under the battlefield acquisition grant program established 

5 under section 308103(b). 

6 ‘‘(c) FEDERAL SHARE.—The Federal share of the cost 

7 of a restoration project funded through a grant provided 

8 under the program shall be not more than 50 percent of 

9 the total cost of the project. 

10 ‘‘(d) RESTORATION STANDARDS.—All restoration work 

11 carried out through a grant awarded under the program 

12 shall be performed in accordance with the Secretary of the 

13 Interior’s Standards for the Treatment of Historic Prop14 erties under part 68 of title 36, Code of Federal Regulations 

15 (or successor regulations). 

16 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There is 

17 authorized to be appropriated to the Secretary to provide 

18 grants under this section $1,000,000 for each of fiscal years 

19 2020 through 2028.’’. 

20 (b) CLERICAL AMENDMENT.—The analysis for chapter 

21 3081 of title 54, United States Code, is amended by adding 

22 at the end the following: 

‘‘308104. Battlefield interpretation modernization grant program. 

‘‘308105. Battlefield restoration grant program.’’. 
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1 TITLE VIII—VETERANS AFFAIRS 

2 REPORT ON DISABILITY COM3 PENSATION AND THE POSI4 TIVE ASSOCIATION WITH EX5 POSURE TO AN HERBICIDE 

6 AGENT 

7 SEC. 801. REPORT ON EFFORTS TO DETERMINE WHETHER 

8 TO ADD TO THE LIST OF DISEASES FOR 

9 WHICH PRESUMPTION OF SERVICE-CONNEC10 TION IS WARRANTED FOR PURPOSES OF DIS11 ABILITY COMPENSATION BY REASON OF HAV12 ING POSITIVE ASSOCIATION WITH EXPOSURE 

13 TO AN HERBICIDE AGENT. 

14 (a) IN GENERAL.—Not later than 30 days after the 

15 date of the enactment of this Act, the Secretary of Veterans 

16 Affairs, in consultation with the Director of the Office of 

17 Management and Budget, shall submit to the Committee on 

18 Veterans’ Affairs of the Senate and the Committee on Vet19 erans’ Affairs of the House of Representatives a report set20 ting forth the status of any efforts of the Secretary to deter21 mine whether to promulgate new regulations to add to the 

22 list of diseases for which a presumption of service-connec23 tion is warranted for purposes of section 1110 of title 38, 

24 United States Code, by reason of having positive association 

25 with exposure to an herbicide agent. 
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1 (b) CONTENTS.—The report submitted under sub2 section (a) shall include the following: 

3 (1) A detailed explanation of any delays in mak4 ing a determination described in such subsection. 

5 (2) An estimate of the cost of adding to the list 

6 of diseases described in such subsection. 

7 (3) The date the Secretary anticipates on which 

8 the Secretary will promulgate new regulations as de9 scribed in such subsection. 

10 (c) DEFINITION OF HERBICIDE AGENT.—For purposes 

11 of this section, the term ‘‘herbicide agent’’ has the meaning 

12 given such term in section 1116 of title 38, United States 

13 Code. 

14 TITLE IX—DISASTER RECOVERY 

15 WORKFORCE 

16 SEC. 901. SHORT TITLE. 

17 This title may be cited as the ‘‘Disaster Recovery 

18 Workforce Act’’. 

19 SEC. 902. CONSTRUCTION WORKER PERMITS. 

20 Section 6(d)(3) of the Joint Resolution entitled ‘‘A 

21 Joint Resolution to approve the ‘Covenant To Establish a 

22 Commonwealth of the Northern Mariana Islands in Polit23 ical Union with the United States of America’, and for 

24 other purposes’’ (48 U.S.C. 1806(d)(3)) is amended by add25 ing at the end the following: 
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1 ‘‘(E) TYPHOON RECOVERY.— 

2 ‘‘(i) PERMITS FOR CONSTRUCTION

3 WORKERS.—Notwithstanding any numer4 ical cap set forth in subparagraph (B) for 

5 each of fiscal years 2020, 2021, and 2022, 

6 the Secretary of Homeland Security shall 

7 increase by 3,000, for each such fiscal year, 

8 the total number of permits available under 

9 this subsection for Construction and Extrac10 tion Occupations (as defined by the Depart11 ment of Labor as Standard Occupational 

12 Classification Group 47–0000). 

13 ‘‘(ii) PERMIT REQUIREMENTS.—The 

14 Secretary may only issue a permit made 

15 available under clause (i) to a prospective 

16 employer if the permit is for an alien 

17 who— 

18 ‘‘(I) is a national of a country 

19 designated eligible to participate in the 

20 program under section 

21 101(a)(15)(H)(ii)(b) of the Immigra22 tion and Nationality Act (8 U.S.C. 

23 1101(a)(15)(H)(ii)(b)) during calendar 

24 year 2018; and 
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1 ‘‘(II) is performing service or 

2 labor pursuant to a contract or sub3 contract for construction, repairs, ren4 ovations, or facility services directly 

5 connected to, or associated with recov6 ery from a presidentially declared 

7 major disaster or emergency (as those 

8 terms are defined in section 102 of the 

9 Robert T. Stafford Disaster Relief and 

10 Emergency Assistance Act (42 U.S.C. 

11 5122), or for preparation for a future 

12 disaster or emergency. 

13 ‘‘(iii) EXCEPTION FOR CONSTRUCTION

14 WORKERS.—Subparagraph (D)(v) shall not 

15 apply to a permit made available under 

16 clause (i) for any fiscal year described in 

17 such clause.’’. 

18 TITLE X—TELEVISION VIEWER 

19 PROTECTION 

20 SEC. 1001. SHORT TITLE. 

21 This title may be cited as the ‘‘Television Viewer Pro22 tection Act of 2019’’. 

23 SEC. 1002. EXTENSION OF AUTHORITY. 

24 (a) IN GENERAL.—Section 325(b) of the Communica25 tions Act of 1934 (47 U.S.C. 325(b)) is amended— 
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1 (1) in paragraph (2)(C)— 

2 (A) by striking ‘‘until December 31, 2019,’’; 

3 and 

4 (B) by striking ‘‘antenna,’’ and all that fol5 lows and inserting ‘‘antenna under the statutory 

6 license of section 119 of title 17, United States 

7 Code;’’; and 

8 (2) in paragraph (3)(C), by striking ‘‘until Jan9 uary 1, 2020,’’ each place it appears. 

10 (b) CONFORMING AMENDMENT.—Section 325(b)(2) of 

11 the Communications Act of 1934 (47 U.S.C. 325(b)(2)) is 

12 amended by striking ‘‘, the term ‘unserved household’ has 

13 the meaning given that term under section 119(d) of such 

14 title’’. 

15 SEC. 1003. SATISFACTION OF GOOD FAITH NEGOTIATION 

16 REQUIREMENT BY MULTICHANNEL VIDEO 

17 PROGRAMMING DISTRIBUTORS. 

18 (a) SATISFACTION OF GOOD FAITH NEGOTIATION RE19 QUIREMENT.—Section 325(b)(3)(C) of the Communications 

20 Act of 1934 (47 U.S.C. 325(b)(3)(C)) is amended— 

21 (1) in clause (iv), by striking ‘‘; and’’ and in22 serting a semicolon; 

23 (2) in clause (v), by striking the period at the 

24 end and inserting ‘‘; and’’; and 

25 (3) by adding at the end the following: 
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1 ‘‘(vi) not later than 90 days after the date of the 

2 enactment of the Television Viewer Protection Act of 

3 2019, specify that— 

4 ‘‘(I) a multichannel video programming 

5 distributor may satisfy its obligation to negotiate 

6 in good faith under clause (iii) with respect to 

7 a negotiation for retransmission consent under 

8 this section with a large station group by desig9 nating a qualified MVPD buying group to nego10 tiate on its behalf, so long as the qualified 

11 MVPD buying group itself negotiates in good 

12 faith in accordance with such clause; 

13 ‘‘(II) it is a violation of the obligation to 

14 negotiate in good faith under clause (iii) for the 

15 qualified MVPD buying group to disclose the 

16 prices, terms, or conditions of an ongoing nego17 tiation or the final terms of a negotiation to a 

18 member of the qualified MVPD buying group 

19 that is not intending, or is unlikely, to enter into 

20 the final terms negotiated by the qualified 

21 MVPD buying group; and 

22 ‘‘(III) a large station group has an obliga23 tion to negotiate in good faith under clause (ii) 

24 with respect to a negotiation for retransmission 
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1 consent under this section with a qualified 

2 MVPD buying group.’’. 

3 (b) DEFINITIONS.—Section 325(b)(7) of the Commu4 nications Act of 1934 (47 U.S.C. 325(b)(7)) is amended— 

5 (1) in subparagraph (A), by striking ‘‘; and’’ 

6 and inserting a semicolon; 

7 (2) in subparagraph (B), by striking the period 

8 at the end and inserting a semicolon; and 

9 (3) by adding at the end the following: 

10 ‘‘(C) ‘qualified MVPD buying group’ means an 

11 entity that, with respect to a negotiation with a large 

12 station group for retransmission consent under this 

13 section— 

14 ‘‘(i) negotiates on behalf of two or more 

15 multichannel video programming distributors— 

16 ‘‘(I) none of which is a multichannel 

17 video programming distributor that serves 

18 more than 500,000 subscribers nationally; 

19 and 

20 ‘‘(II) that do not collectively serve more 

21 than 25 percent of all households served by 

22 a multichannel video programming dis23 tributor in any single local market in which 

24 the applicable large station group operates; 

25 and 
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1 ‘‘(ii) negotiates agreements for such retrans2 mission consent— 

3 ‘‘(I) that contain standardized contract 

4 provisions, including billing structures and 

5 technical quality standards, for each multi6 channel video programming distributor on 

7 behalf of which the entity negotiates; and 

8 ‘‘(II) under which the entity assumes 

9 liability to remit to the applicable large sta10 tion group all fees received from the multi11 channel video programming distributors on 

12 behalf of which the entity negotiates; 

13 ‘‘(D) ‘large station group’ means a group of tele14 vision broadcast stations that— 

15 ‘‘(i) are directly or indirectly under com16 mon de jure control permitted by the regulations 

17 of the Commission; 

18 ‘‘(ii) generally negotiate agreements for re19 transmission consent under this section as a sin20 gle entity; and 

21 ‘‘(iii) include only television broadcast sta22 tions that have a national audience reach of 

23 more than 20 percent; 
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1 ‘‘(E) ‘local market’ has the meaning given such 

2 term in section 122(j) of title 17, United States Code; 

3 and 

4 ‘‘(F) ‘multichannel video programming dis5 tributor’ has the meaning given such term in section 

6 602.’’. 

7 (c) CONFORMING AMENDMENTS.—Section 325(b) of the 

8 Communications Act of 1934 (47 U.S.C. 325(b)) is amend9 ed— 

10 (1) in paragraph (2), by striking ‘‘, and the 

11 term ‘local market’ has the meaning given that term 

12 in section 122(j) of such title’’; and 

13 (2) in paragraph (3)(C), by striking ‘‘(as defined 

14 in section 122(j) of title 17, United States Code)’’ 

15 each place it appears. 

16 (d) EFFECTIVE DATE.—The amendments made by this 

17 section, and the regulations promulgated by the Federal 

18 Communications Commission under such amendments, 

19 shall not take effect before January 1 of the calendar year 

20 after the calendar year in which this Act is enacted. 

21 SEC. 1004. REQUIREMENTS RELATING TO CHARGES FOR 

22 COVERED SERVICES. 

23 (a) IN GENERAL.—Part IV of title VI of the Commu24 nications Act of 1934 (47 U.S.C. 551 et seq.) is amended 

25 by adding at the end the following: 
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1 ‘‘SEC. 642. REQUIREMENTS RELATING TO CHARGES FOR 

2 COVERED SERVICES. 

3 ‘‘(a) CONSUMER RIGHTS IN SALES.— 

4 ‘‘(1) RIGHT TO TRANSPARENCY.—Before entering 

5 into a contract with a consumer for the provision of 

6 a covered service, a provider of a covered service shall 

7 provide the consumer, by phone, in person, online, or 

8 by other reasonable means, the total monthly charge 

9 for the covered service, whether offered individually or 

10 as part of a bundled service, selected by the consumer 

11 (explicitly noting the amount of any applicable pro12 motional discount reflected in such charge and when 

13 such discount will expire), including any related ad14 ministrative fees, equipment fees, or other charges, a 

15 good faith estimate of any tax, fee, or charge imposed 

16 by the Federal Government or a State or local govern17 ment (whether imposed on the provider or imposed on 

18 the consumer but collected by the provider), and a 

19 good faith estimate of any fee or charge that is used 

20 to recover any other assessment imposed on the pro21 vider by the Federal Government or a State or local 

22 government. 

23 ‘‘(2) RIGHT TO FORMAL NOTICE.—A provider of 

24 a covered service that enters into a contract described 

25 in paragraph (1) shall, not later than 24 hours after 

26 entering into the contract, send the consumer, by 
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1 email, online link, or other reasonably comparable 

2 means, a copy of the information described in such 

3 paragraph. 

4 ‘‘(3) RIGHT TO CANCEL.—A provider of a cov5 ered service that enters into a contract described in 

6 paragraph (1) shall permit the consumer to cancel the 

7 contract, without paying early cancellation fees or 

8 other disconnection fees or penalties, during the 24- 

9 hour period beginning when the provider of the cov10 ered service sends the copy required by paragraph (2). 

11 ‘‘(b) CONSUMER RIGHTS IN E-BILLING.—If a provider 

12 of a covered service provides a bill to a consumer in an 

13 electronic format, the provider shall include in the bill— 

14 ‘‘(1) an itemized statement that breaks down the 

15 total amount charged for or relating to the provision 

16 of the covered service by the amount charged for the 

17 provision of the service itself and the amount of all 

18 related taxes, administrative fees, equipment fees, or 

19 other charges; 

20 ‘‘(2) the termination date of the contract for the 

21 provision of the covered service entered into between 

22 the consumer and the provider; and 

23 ‘‘(3) the termination date of any applicable pro24 motional discount. 
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1 ‘‘(c) CONSUMER RIGHTS TO ACCURATE EQUIPMENT

2 CHARGES.—A provider of a covered service or fixed 

3 broadband internet access service may not charge a con4 sumer for— 

5 ‘‘(1) using covered equipment provided by the 

6 consumer; or 

7 ‘‘(2) renting, leasing, or otherwise providing to 

8 the consumer covered equipment if— 

9 ‘‘(A) the provider has not provided the 

10 equipment to the consumer; or 

11 ‘‘(B) the consumer has returned the equip12 ment to the provider, except to the extent that the 

13 charge relates to the period beginning on the date 

14 when the provider provided the equipment to the 

15 consumer and ending on the date when the con16 sumer returned the equipment to the provider. 

17 ‘‘(d) DEFINITIONS.—In this section: 

18 ‘‘(1) BROADBAND INTERNET ACCESS SERVICE.— 

19 The term ‘broadband internet access service’ has the 

20 meaning given such term in section 8.1(b) of title 47, 

21 Code of Federal Regulations, or any successor regula22 tion. 

23 ‘‘(2) COVERED EQUIPMENT.—The term ‘covered 

24 equipment’ means equipment (such as a router) em25 ployed on the premises of a person (other than a pro-
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1 vider of a covered service or fixed broadband internet 

2 access service) to provide a covered service or to pro3 vide fixed broadband internet access service. 

4 ‘‘(3) COVERED SERVICE.—The term ‘covered 

5 service’ means service provided by a multichannel 

6 video programming distributer, to the extent such dis7 tributor is acting as a multichannel video program8 ming distributor.’’. 

9 (b) EFFECTIVE DATE.—Section 642 of the Commu10 nications Act of 1934, as added by subsection (a) of this 

11 section, shall apply beginning on the date that is 6 months 

12 after the date of the enactment of this Act. The Federal 

13 Communications Commission may grant an additional 6- 

14 month extension if the Commission finds that good cause 

15 exists for such an additional extension. 

16 TITLE XI—ELIGIBILITY TO RE17 CEIVE SIGNALS UNDER A DIS18 TANT-SIGNAL SATELLITE LI19 CENSE 

20 SEC. 1101. SHORT TITLE. 

21 This title may be cited as the ‘‘Satellite Television 

22 Community Protection and Promotion Act of 2019’’. 
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1 SEC. 1102. ELIGIBILITY TO RECEIVE SIGNALS UNDER A DIS2 TANT-SIGNAL SATELLITE LICENSE. 

3 (a) IN GENERAL.—Section 119 of title 17, United 

4 States Code, is amended— 

5 (1) in subsection (a)— 

6 (A) in paragraph (2)— 

7 (i) in subparagraph (A)— 

8 (I) by striking ‘‘signals, and’’ and 

9 inserting ‘‘signals,’’; 

10 (II) by inserting ‘‘, and the car11 rier provides local-into-local service to 

12 all DMAs’’ after ‘‘receiving the sec13 ondary transmission’’; and 

14 (III) by adding at the end the fol15 lowing new sentence: ‘‘Failure to reach 

16 an agreement with a network station 

17 to retransmit the signals of the station 

18 shall not be construed to affect compli19 ance with providing local-into-local 

20 service to all DMAs if the satellite car21 rier has the capability to retransmit 

22 such signals when an agreement is 

23 reached.’’; and 

24 (ii) in subparagraph (B)— 

25 (I) by striking clauses (ii) and 

26 (iii); 
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1 (II) by adding at the end the fol2 lowing: 

3 ‘‘(ii) SHORT MARKETS.—In the case of 

4 secondary transmissions to households lo5 cated in short markets, subject to clause (i), 

6 the statutory license shall be further limited 

7 to secondary transmissions of only those 

8 primary transmissions of network stations 

9 that embody the programming of networks 

10 not offered on the primary stream or the 

11 multicast stream transmitted by any net12 work station in that market.’’; 

13 (B) by striking paragraphs (3), (6)(E), (9), 

14 (10), and (13); and 

15 (C) by redesignating paragraphs (4), (5), 

16 (6), (7), (8), (11), (12), and (14) as paragraphs 

17 (3) through (10), respectively; 

18 (2) in subsection (c)(1)(E)— 

19 (A) by striking the comma after ‘‘in the 

20 agreement’’; 

21 (B) by striking ‘‘until December 31, 2019, 

22 or’’; and 

23 (C) by striking ‘‘, whichever is later’’ and 

24 inserting ‘‘until the subscriber for which the roy25 alty is payable is no longer eligible to receive a 
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1 secondary transmission pursuant to the license 

2 under this section’’; 

3 (3) in subsection (d)— 

4 (A) in paragraph (10)— 

5 (i) in subparagraph (D), by striking 

6 ‘‘subsection (a)(11)’’ and inserting ‘‘sub7 section (a)(8)’’; 

8 (ii) by striking subparagraphs (A), 

9 (B), (C), and (E); 

10 (iii) by redesignating subparagraph 

11 (D) as subparagraph (A); and 

12 (iv) by adding at the end the following: 

13 ‘‘(B) is a subscriber located in a short mar14 ket.’’; 

15 (B) by striking paragraph (13); 

16 (C) by redesignating paragraphs (14) and 

17 (15) as paragraphs (13) and (14), respectively; 

18 and 

19 (D) by adding at the end the following: 

20 ‘‘(15) LOCAL-INTO-LOCAL SERVICE TO ALL

21 DMAS.—The term ‘local-into-local service to all 

22 DMAs’ has the meaning given such term in subsection 

23 (f)(7). 

24 ‘‘(16) SHORT MARKET.—The term ‘short market’ 

25 means a local market in which programming of one 
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1 or more of the four most widely viewed television net2 works nationwide is not offered on either the primary 

3 stream or multicast stream transmitted by any net4 work station in that market or is temporarily or per5 manently unavailable as a result of an act of god or 

6 other force majeure event beyond the control of the 

7 carrier.’’; 

8 (4) by striking subsections (e) and (h); 

9 (5) in subsection (g)(7), by inserting ‘‘, except 

10 for designated market areas where the entity is tem11 porarily or permanently unable to provide local serv12 ice as a result of an act of god or other force majeure 

13 event beyond the control of the entity’’ after ‘‘section 

14 122’’; and 

15 (6) by redesignating subsections (f) and (g) as 

16 subsections (e) and (f). 

17 (b) PREVIOUSLY COVERED SUBSCRIBERS UNDER THE

18 STELA REAUTHORIZATION ACT OF 2014.— 

19 (1) IN GENERAL.—A subscriber of a satellite car20 rier who receives the secondary transmission of a net21 work station under the statutory license in section 

22 119 of title 17, United States Code, as in effect on the 

23 day before the date of the enactment of this Act, and 

24 to whom subsection (a)(2)(B) of such section, as 

25 amended by subsection (a), does not apply, shall con-
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1 tinue to be eligible to receive that secondary trans2 mission from such carrier under such license, and at 

3 the royalty rate established for such license by the 

4 Copyright Royalty Board or voluntary agreement, as 

5 applicable, until the date that is the earlier of— 

6 (A) May 31, 2020; or 

7 (B) the date on which such carrier provides 

8 local-into-local service to all DMAs. 

9 (2) DEFINITIONS.—In this subsection, the terms 

10 ‘‘satellite carrier’’, ‘‘subscriber’’, ‘‘secondary trans11 mission’’, ‘‘network station’’, and ‘‘local-into-local 

12 service to all DMAs’’ have the meaning given those 

13 terms in section 119 of title 17, United States Code. 

14 (c) CONFORMING AMENDMENTS.—Title 17, United 

15 States Code, is further amended— 

16 (1) in section 119, as amended by subsection 

17 (a)— 

18 (A) in subsection (a)— 

19 (i) in paragraph (1), by striking 

20 ‘‘paragraphs (4), (5), and (7)’’ and insert21 ing ‘‘paragraphs (3), (4), and (6)’’; and 

22 (ii) in paragraph (2), by striking 

23 ‘‘paragraphs (4), (5), (6), and (7)’’ and in24 serting ‘‘paragraphs (3), (4), (5), and (6)’’; 

25 and 
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•HR 1865 EAH 

1 (B) in subsection (f), as so redesignated, by 

2 striking ‘‘subsection (a)(7)(B)’’ each place it ap3 pears and inserting ‘‘subsection (a)(5)(B)’’; and 

4 (2) in section 501(e), by striking ‘‘section 

5 119(a)(5)’’ and inserting ‘‘section 119(a)(3)’’. 

6 TITLE XII—GROUNDFISH TRAWL 

7 FISHERY 

8 SEC. 1201. GROUNDFISH TRAWL FISHERY. 

9 The Secretary of Commerce shall forgive the interest 

10 accrued on the Groundfish Trawl fishery sub-loan regarding 

11 fishing capacity reduction in the West Coast groundfish 

12 fishery authorized by section 212 of division B, title II, of 

13 Public Law 108–7 from December 4, 2003, through Sep14 tember 8, 2005, and the portion of additional interest ac15 crued in the Groundfish Trawl fishery sub-loan since Sep16 tember 8, 2005, that is directly attributable to the delay 

17 in implementing a repayment system. The Secretary of the 

18 Treasury shall make available, out of any funds in the 

19 Treasury not otherwise appropriated, such sums necessary 

20 for any loan modification under this provision. 
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1 TITLE XIII—TEMPORARY RELIEF 

2 FROM CERTAIN ERISA RE3 QUIREMENTS 

4 SEC. 1301. SHORT TITLE. 

5 This title may be cited as the ‘‘Temporary Relief from 

6 Certain ERISA Requirements Act of 2020’’. 

7 SEC. 1302. EXEMPTION. 

8 (a) IN GENERAL.—Section 408 of the Employee Re9 tirement Income Security Act of 1974 (29 U.S.C. 1108) is 

10 amended by adding at the end the following: 

11 ‘‘(h) PROVISION OF PHARMACY BENEFIT SERVICES.— 

12 ‘‘(1) IN GENERAL.—Provided that all of the con13 ditions described in paragraph (2) are met, the re14 strictions imposed by subsections (a), (b)(1), and 

15 (b)(2) of section 406 shall not apply to— 

16 ‘‘(A) the offering of pharmacy benefit serv17 ices to a group health plan that is sponsored by 

18 an entity described in section 3(37)(G)(vi) or to 

19 any other group health plan that is sponsored by 

20 a regional council, local union, or other labor or21 ganization affiliated with such entity; 

22 ‘‘(B) the purchase of pharmacy benefit serv23 ices by plan participants and beneficiaries of a 

24 group health plan that is sponsored by an entity 

25 described in section 3(37)(G)(vi) or of any other 
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•HR 1865 EAH 

1 group health plan that is sponsored by a re2 gional council, local union, or other labor orga3 nization affiliated with such entity; or 

4 ‘‘(C) the operation or implementation of 

5 pharmacy benefit services by an entity described 

6 in section 3(37)(G)(vi) or by any other group 

7 health plan that is sponsored by a regional coun8 cil, local union, or other labor organization af9 filiated with such entity, 

10 in any arrangement where such entity described in 

11 section 3(37)(G)(vi) or any related organization or 

12 subsidiary of such entity provides pharmacy benefit 

13 services that include prior authorization and appeals, 

14 a retail pharmacy network, pharmacy benefit admin15 istration, mail order fulfillment, formulary support, 

16 manufacturer payments, audits, and specialty phar17 macy and goods, to any such group health plan. 

18 ‘‘(2) CONDITIONS.—The conditions described in 

19 this paragraph are the following: 

20 ‘‘(A) The terms of the arrangement are at 

21 least as favorable to the group health plan as 

22 such group health plan could obtain in a similar 

23 arm’s length arrangement with an unrelated 

24 third party. 
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1 ‘‘(B) At least 50 percent of the providers 

2 participating in the pharmacy benefit services 

3 offered by the arrangement are unrelated to the 

4 contributing employers or any other party in in5 terest with respect to the group health plan. 

6 ‘‘(C) The group health plan retains an inde7 pendent fiduciary who will be responsible for 

8 monitoring the group health plan’s consultants, 

9 contractors, subcontractors, and other service 

10 providers for purposes of pharmacy benefit serv11 ices described in paragraph (1) offered by such 

12 entity or any of its related organizations or sub13 sidiaries and monitors the transactions of such 

14 entity and any of its related organizations or 

15 subsidiaries to ensure that all conditions of this 

16 exemption are satisfied during each plan year. 

17 ‘‘(D) Any decisions regarding the provision 

18 of pharmacy benefit services described in para19 graph (1) are made by the group health plan’s 

20 independent fiduciary, based on objective stand21 ards developed by the independent fiduciary in 

22 reliance on information provided by the arrange23 ment. 

24 ‘‘(E) The independent fiduciary of the 

25 group health plan provides an annual report to 
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1 the Secretary and the congressional committees 

2 of jurisdiction attesting that the conditions de3 scribed in subparagraphs (C) and (D) have been 

4 met for the applicable plan year, together with 

5 a statement that use of the arrangement’s serv6 ices are in the best interest of the participants 

7 and beneficiaries in the aggregate for that plan 

8 year compared to other similar arrangements the 

9 group health plan could have obtained in trans10 actions with an unrelated third party. 

11 ‘‘(F) The arrangement is not designed to 

12 benefit any party in interest with respect to the 

13 group health plan. 

14 ‘‘(3) VIOLATIONS.—In the event an entity de15 scribed in section 3(37)(G)(vi) or any affiliate of such 

16 entity violates any of the conditions of such exemp17 tion, such exemption shall not apply with respect to 

18 such entity or affiliate and all enforcement and 

19 claims available under this Act shall apply with re20 spect to such entity or affiliate. 

21 ‘‘(4) RULE OF CONSTRUCTION.—Nothing in this 

22 subsection shall be construed to modify any obligation 

23 of a group health plan otherwise set forth in this Act. 
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1 ‘‘(5) GROUP HEALTH PLAN.—In this subsection, 

2 the term ‘group health plan’ has the meaning given 

3 such term in section 733(a).’’. 

4 (b) AMENDMENT TO INTERNAL REVENUE CODE OF

5 1986.—Subsection (c) of section 4975 of the Internal Rev6 enue Code of 1986 is amended by adding at the end the 

7 following new paragraph: 

8 ‘‘(7) SPECIAL RULE FOR PROVISION OF PHAR9 MACY BENEFIT SERVICES.—Any party to an arrange10 ment which satisfies the requirements of section 

11 408(h) of the Employee Retirement Income Security 

12 Act of 1974 shall be exempt from the tax imposed by 

13 this section with respect to such arrangement.’’. 

14 (c) APPLICABILITY.—With respect to a group health 

15 plan subject to subsection (h) of section 408 of the Employee 

16 Retirement Income Security Act of 1974 (29 U.S.C. 1108) 

17 (as amended by subsection (a)) and subsection (c) of section 

18 4975 of the Internal Revenue Code of 1986 (as amended 

19 by subsection (b)), beginning at the end of the fifth plan 

20 year of such group health plan that begins after the date 

21 of enactment of this Act, such subsection (h) of such section 

22 408 and such subsection (c) of such shall have no force or 

23 effect. 
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1 TITLE XIV—LIBRARY OF CON2 GRESS TECHNICAL CORREC3 TIONS 

4 SEC. 1401. SHORT TITLE. 

5 This title may be cited as the ‘‘Library of Congress 

6 Technical Corrections Act of 2019’’. 

7 SEC. 1402. AMENDMENT TO AMERICAN FOLKLIFE PRESER8 VATION ACT. 

9 Section 4 of the American Folklife Preservation Act 

10 (20 U.S.C. 2103) is amended— 

11 (1) in subsection (b)(1)(D)— 

12 (A) in the matter preceding clause (i), by 

13 striking ‘‘seven’’ and inserting ‘‘nine’’; 

14 (B) in clause (vi), by striking ‘‘and’’ after 

15 the semicolon; 

16 (C) in clause (vii), by striking the period at 

17 the end and inserting a semicolon; and 

18 (D) by adding at the end the following: 

19 ‘‘(viii) the Secretary of Veterans Affairs; 

20 and 

21 ‘‘(ix) the Director of the Institute of Mu22 seum and Library Services.’’; and 

23 (2) in subsection (f), by striking the second sen24 tence and inserting the following: ‘‘The rate of basic 
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1 pay of the Director shall be fixed in accordance with 

2 section 5376(b) of title 5, United States Code.’’. 

3 SEC. 1403. NATIONAL LIBRARY SERVICE FOR THE BLIND 

4 AND PRINT DISABLED. 

5 (a) IN GENERAL.—The Act entitled ‘‘An Act to provide 

6 books for the adult blind’’, approved March 3, 1931 (2 

7 U.S.C. 135a et seq.), is amended to read as follows: 

8 ‘‘SECTION 1. NATIONAL LIBRARY SERVICE FOR THE BLIND 

9 AND PRINT DISABLED. 

10 ‘‘(a) ACCESSIBLE MATERIALS AND REPRODUCERS.— 

11 ‘‘(1) IN GENERAL.—The Librarian of Congress is 

12 authorized to provide to eligible persons who are resi13 dents of the United States (including residents of the 

14 several States, insular possessions, and the District of 

15 Columbia) and to eligible persons who are United 

16 States citizens residing outside the United States the 

17 following items: 

18 ‘‘(A) Literary works published in raised 

19 characters, on sound-reproduction recordings, or 

20 in any other accessible format. 

21 ‘‘(B) Musical scores, instructional texts, and 

22 other specialized materials used in furthering 

23 educational, vocational, and cultural opportuni24 ties in the field of music published in any acces25 sible format. 
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1 ‘‘(C) Reproducers for such formats. 

2 ‘‘(2) OWNERSHIP.—Any item provided under 

3 paragraph (1) shall be provided on a loan basis and 

4 shall remain the property of the Library of Congress. 

5 ‘‘(b) LENDING PREFERENCE.—In the lending of items 

6 under subsection (a), the Librarian shall at all times give 

7 preference to— 

8 ‘‘(1) the needs of the blind and visually disabled; 

9 and 

10 ‘‘(2) the needs of eligible persons who have been 

11 honorably discharged from the Armed Forces of the 

12 United States. 

13 ‘‘(c) NETWORK.—The Librarian of Congress may con14 tract or otherwise arrange with such public or other non15 profit libraries, agencies, or organizations as the Librarian 

16 may determine appropriate to serve as local or regional cen17 ters for the circulation of items described in subsection 

18 (a)(1). 

19 ‘‘(d) INTERNATIONAL SERVICE.—The Librarian of 

20 Congress is authorized to provide items described in sub21 paragraphs (A) and (B) of subsection (a)(1) to authorized 

22 entities located in a country that is a party to the Marra23 kesh Treaty, if any such items are delivered to authorized 

24 entities through online, not physical, means. The Librarian 

25 may contract or otherwise arrange with such authorized en-
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1 tities to deliver such items to eligible persons located in 

2 their countries in any accessible format and consistent with 

3 section 121A of title 17, United States Code. 

4 ‘‘(e) CONTRACTING PREFERENCE.—In the purchase 

5 and maintenance of items described in subsection (a), the 

6 Librarian of Congress, without regard to section 6101 of 

7 title 41, United States Code, shall give preference to non8 profit institutions or agencies whose activities are pri9 marily concerned with the blind and with other physically 

10 disabled persons, in all cases where, considering all the cir11 cumstances and needs involved, the Librarian determines 

12 that the prices submitted are fair and reasonable. 

13 ‘‘(f) REGULATIONS.—The Librarian of Congress shall 

14 prescribe regulations for services under this section, in con15 sultation with eligible persons and authorized entities. Such 

16 regulations shall include procedures that shall be used by 

17 an individual to establish that the individual is an eligible 

18 person. 

19 ‘‘(g) DEFINITIONS.—In this section— 

20 ‘‘(1) the terms ‘accessible format’, ‘authorized en21 tity’, and ‘eligible person’ have the meanings given 

22 those terms in section 121 of title 17, United States 

23 Code; and 

24 ‘‘(2) the term ‘Marrakesh Treaty’ has the mean25 ing given in section 121A of such title 17. 
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1 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated to carry out this section 

3 such sums as may be necessary.’’. 

4 (b) CONFORMING AMENDMENT.—The Act entitled ‘‘An 

5 Act to establish in the Library of Congress a library of mu6 sical scores and other instructional materials to further edu7 cational, vocational, and cultural opportunities in the field 

8 of music for blind persons’’, approved October 9, 1962 (2 

9 U.S.C. 135a–1), is repealed. 

10 SEC. 1404. UNIFORM PAY SCALE FOR LIBRARY OF CON11 GRESS CAREER SENIOR EXECUTIVE POSI12 TIONS. 

13 (a) EXECUTIVE SCHEDULE POSITIONS.— 

14 (1) DEPUTY LIBRARIAN OF CONGRESS.—Para15 graph (2) of section 904 of the Supplemental Appro16 priations Act, 1983 (2 U.S.C. 136a–2) is amended to 

17 read as follows: 

18 ‘‘(2) the Deputy Librarian of Congress shall be 

19 compensated at the greater of the rate of pay in effect 

20 for level III of the Executive Schedule under section 

21 5314 of title 5, United States Code, or the maximum 

22 annual rate of basic pay payable under section 5376 

23 of such title for positions at agencies with a perform24 ance appraisal system certified under section 5307(d) 

25 of such title.’’. 
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1 (2) DIRECTOR, CONGRESSIONAL RESEARCH

2 SERVICE.—The second sentence of section 203(c)(1) of 

3 the Legislative Reorganization Act of 1946 (2 U.S.C. 

4 166(c)(l)) is amended to read as follows: ‘‘The Direc5 tor shall be compensated at the greater of the rate of 

6 pay in effect for level III of the Executive Schedule 

7 under section 5314 of title 5, United States Code, or 

8 the maximum annual rate of basic pay payable under 

9 section 5376 of such title for positions at agencies 

10 with a performance appraisal system certified under 

11 section 5307(d) of such title.’’. 

12 (3) REGISTER OF COPYRIGHTS.—The first sen13 tence of section 701(f) of title 17, United States Code, 

14 is amended to read as follows: ‘‘The Register of Copy15 rights shall be compensated at the greater of the rate 

16 of pay in effect for level III of the Executive Schedule 

17 under section 5314 of title 5 or the maximum annual 

18 rate of basic pay payable under section 5376 of such 

19 title for positions at agencies with a performance ap20 praisal system certified under section 5307(d) of such 

21 title.’’. 

22 (b) REFERENCES TO GS GRADES 16, 17, AND 18 AND

23 SENIOR LEVEL CLASSIFICATION.— 
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1 (1) CONGRESSIONAL RESEARCH SERVICE.—Sec2 tion 203(c)(2) of the Legislative Reorganization Act of 

3 1946 (2 U.S.C. 166(c)(2)) is amended— 

4 (A) in the second sentence of the matter pre5 ceding subparagraph (A), by deleting ‘‘sub6 chapter III’’ and all that follows through ‘‘such 

7 title.’’ and inserting ‘‘section 5376 of title 5, 

8 United States Code.’’; and 

9 (B) in subparagraph (B), by striking ‘‘may 

10 be placed in GS–16, 17, and 18’’ and all that 

11 follows through the period at the end and insert12 ing ‘‘may be classified above GS–15 in accord13 ance with section 5108(c) of title 5, United 

14 States Code, and the rate of basic pay for such 

15 positions may be fixed in accordance with sec16 tion 5376 of such title, subject to the prior ap17 proval of the Joint Committee on the Library.’’. 

18 (2) U.S. COPYRIGHT OFFICE.—Section 701(f) of 

19 title 17, United States Code, is amended by striking 

20 the last sentence and inserting ‘‘The rate of basic pay 

21 for each Associate Register of Copyrights shall be 

22 fixed in accordance with section 5376 of title 5.’’. 
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1 SEC. 1405. STAFFING FOR COPYRIGHT ROYALTY JUDGES 

2 PROGRAM. 

3 (a) REMOVAL OF CAP ON PERSONNEL.—Chapter 8 of 

4 title 17, United States Code, is amended— 

5 (1) in section 802— 

6 (A) in subsection (b), by striking ‘‘3’’; and 

7 (B) in subsection (e), by striking paragraph 

8 (2) and inserting the following: 

9 ‘‘(2) STAFF MEMBERS.—Staff members ap10 pointed under subsection (b) shall be compensated at 

11 a rate not more than the basic rate of pay payable 

12 for level 10 of GS–15 of the General Schedule.’’; and 

13 (2) in section 803(e)(1)(A), by striking ‘‘3’’. 

14 (b) EFFECTIVE DATE.—The amendments made by this 

15 section shall take effect with respect to fiscal year 2020 and 

16 each fiscal year thereafter. 

17 TITLE XV—SENATE ENTITIES 

18 SEC. 1501. Section 2(c) of chapter VIII of title I of 

19 Public Law 100–71 (2 U.S.C. 6567(c)) is amended by strik20 ing ‘‘$10,000’’ and inserting ‘‘$15,000’’. 

21 SEC. 1502. Section 902 of the Emergency Supple22 mental Act, 2002 (2 U.S.C. 6616) is amended— 

23 (1) in subsection (a)— 

24 (A) in paragraph (1)— 

25 (i) by striking ‘‘subsection (b)’’ and in26 serting ‘‘paragraph (3)’’; and 
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•HR 1865 EAH 

1 (ii) by striking ‘‘and’’ at the end; 

2 (B) in paragraph (2), by striking the period 

3 and inserting ‘‘; and’’; and 

4 (C) by adding at the end the following: 

5 ‘‘(3) the Sergeant at Arms of the Senate may 

6 enter into a memorandum of understanding described 

7 in paragraph (1) consistent with the Senate Procure8 ment Regulations.’’; and 

9 (2) by striking subsection (b) and inserting the 

10 following: 

11 ‘‘(b) The Sergeant at Arms of the Senate may incur 

12 obligations and make expenditures for meals, refreshments, 

13 and other support and maintenance for Members, officers, 

14 and employees of the Senate when such obligations and ex15 penditures are necessary to respond to emergencies involv16 ing the safety of human life or the protection of property.’’. 

17 TITLE XVI—LEGISLATIVE 

18 BRANCH INSPECTORS GEN19 ERAL INDEPENDENCE 

20 SEC. 1601. SHORT TITLE. 

21 This title may be cited as the ‘‘Legislative Branch In22 spectors General Independence Act of 2019’’. 
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1 SEC. 1602. PAY, LIMITS ON BONUSES, COUNSEL, AND AU2 THORITIES. 

3 (a) LIBRARY OF CONGRESS.—Section 1307 of the Leg4 islative Branch Appropriations Act, 2006 (2 U.S.C. 185) 

5 is amended— 

6 (1) in subsection (c)— 

7 (A) in the subsection heading, by inserting 

8 ‘‘; PAY; LIMITS ON BONUSES; COUNSEL’’ after 

9 ‘‘REMOVAL’’; 

10 (B) by striking paragraph (2) and inserting 

11 the following: 

12 ‘‘(2) REMOVAL OR TRANSFER.— 

13 ‘‘(A) IN GENERAL.—The Inspector General 

14 may be removed from office, or transferred to an15 other position within, or another location of, the 

16 Library of Congress, by the Librarian of Con17 gress. 

18 ‘‘(B) NOTICE.—Not later than 30 days be19 fore the Librarian of Congress removes or trans20 fers the Inspector General under subparagraph 

21 (A), the Librarian of Congress shall commu22 nicate in writing the reason for the removal or 

23 transfer to— 

24 ‘‘(i) the Committee on House Adminis25 tration and the Committee on Appropria26 tions of the House of Representatives; and 
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1 ‘‘(ii) the Committee on Rules and Ad2 ministration and the Committee on Appro3 priations of the Senate. 

4 ‘‘(C) APPLICABILITY.—Nothing in this 

5 paragraph shall prohibit a personnel action (ex6 cept for removal or transfer) that is otherwise 

7 authorized by law.’’; and 

8 (C) by adding at the end the following: 

9 ‘‘(3) PAY.— 

10 ‘‘(A) IN GENERAL.—The position of Inspec11 tor General shall— 

12 ‘‘(i) be classified as a position above 

13 GS–15 in accordance with section 5108 of 

14 title 5, United States Code; and 

15 ‘‘(ii) have a rate of basic pay that is 

16 not less than the average rate of basic pay 

17 of all other employees in positions classified 

18 as above GS–15 of the Library of Congress 

19 calculated on an annual basis. 

20 ‘‘(B) ADJUSTMENTS.—The Librarian of 

21 Congress shall establish the amount of the an22 nual adjustment in the rate of basic pay for the 

23 Inspector General in an amount equal to the av24 erage of the annual adjustments in the rate of 

25 basic pay provided to all other employees in po-
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1 sitions classified as above GS–15 of the Library 

2 of Congress, in a manner consistent with section 

3 5376 of title 5, United States Code. 

4 ‘‘(4) NO BONUSES.—The Inspector General may 

5 not receive any cash award or cash bonus, including 

6 a cash award under chapter 45 of title 5, United 

7 States Code. 

8 ‘‘(5) COUNSEL.—The Inspector General shall, in 

9 accordance with applicable laws and regulations gov10 erning selections, appointments, and employment at 

11 the Library of Congress, obtain legal advice from a 

12 counsel reporting directly to the Inspector General or 

13 another Inspector General.’’; and 

14 (2) in subsection (d)(1), by striking ‘‘Sections 4’’ 

15 and all that follows through ‘‘and 7’’ and inserting 

16 ‘‘Sections 4, 5 (other than subsection (a)(13)), 6 

17 (other than subsection (a)(7)), and 7’’. 

18 (b) OFFICE OF THE ARCHITECT OF THE CAPITOL.— 

19 Section 1301(c) of the Architect of the Capitol Inspector 

20 General Act of 2007 (2 U.S.C. 1808(c)) is amended— 

21 (1) in the subsection heading, by inserting ‘‘; 

22 PAY; LIMITS ON BONUSES; COUNSEL’’ after ‘‘RE23 MOVAL’’; 

24 (2) by striking paragraph (2) and inserting the 

25 following: 
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1 ‘‘(2) REMOVAL OR TRANSFER.— 

2 ‘‘(A) IN GENERAL.—The Inspector General 

3 may be removed from office, or transferred to an4 other position within, or another location of, the 

5 Office of the Architect of the Capitol, by the Ar6 chitect of the Capitol. 

7 ‘‘(B) NOTICE.—Not later than 30 days be8 fore the Architect of the Capitol removes or 

9 transfers the Inspector General under subpara10 graph (A), the Architect of the Capitol shall com11 municate in writing the reason for the removal 

12 or transfer to— 

13 ‘‘(i) the Committee on House Adminis14 tration and the Committee on Appropria15 tions of the House of Representatives; and 

16 ‘‘(ii) the Committee on Rules and Ad17 ministration and the Committee on Appro18 priations of the Senate. 

19 ‘‘(C) APPLICABILITY.—Nothing in this 

20 paragraph shall prohibit a personnel action (ex21 cept for removal or transfer) that is otherwise 

22 authorized by law.’’; and 

23 (3) by adding at the end the following: 

24 ‘‘(4) NO BONUSES.—The Inspector General may 

25 not receive any cash award or cash bonus, including 
1673 

•HR 1865 EAH 

1 a cash award under chapter 45 of title 5, United 

2 States Code. 

3 ‘‘(5) COUNSEL.—The Inspector General shall, in 

4 accordance with applicable laws and regulations gov5 erning selections, appointments, and employment at 

6 the Office of the Architect of the Capitol, obtain legal 

7 advice from a counsel reporting directly to the Inspec8 tor General or another Inspector General.’’. 

9 (c) GOVERNMENT PUBLISHING OFFICE.— 

10 (1) IN GENERAL.—Section 3902 of title 44, 

11 United States Code, is amended— 

12 (A) in the section heading, by inserting ‘‘; 

13 pay; limits on bonuses; counsel’’ after 

14 ‘‘removal’’; 

15 (B) by striking subsection (b) and inserting 

16 the following: 

17 ‘‘(b)(1) The Inspector General may be removed from 

18 office, or transferred to another position within, or another 

19 location of, the Government Publishing Office, by the Direc20 tor of the Government Publishing Office. 

21 ‘‘(2) Not later than 30 days before the Director removes 

22 or transfers the Inspector General under paragraph (1), the 

23 Director shall communicate in writing the reason for the 

24 removal or transfer to— 
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•HR 1865 EAH 

1 ‘‘(A) the Committee on House Administration 

2 and the Committee on Appropriations of the House of 

3 Representatives; and 

4 ‘‘(B) the Committee on Rules and Administra5 tion and the Committee on Appropriations of the 

6 Senate. 

7 ‘‘(3) Nothing in this subsection shall prohibit a per8 sonnel action (except for removal or transfer) that is other9 wise authorized by law.’’; and 

10 (C) by adding at the end the following: 

11 ‘‘(c)(1) The position of Inspector General shall be— 

12 ‘‘(A) classified as a position as a senior level em13 ployee, in accordance with this title; and 

14 ‘‘(B) have a rate of basic pay that is not less 

15 than the average rate of basic pay of all other senior 

16 level employees of the Government Publishing Office 

17 calculated on an annual basis. 

18 ‘‘(2) The Director of the Government Publishing Office 

19 shall establish the amount of the annual adjustment in the 

20 rate of basic pay for the Inspector General in an amount 

21 equal to the average of the annual adjustments in the rate 

22 of basic pay provided to all other senior level employees of 

23 the Government Publishing Office, consistent with this title. 
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•HR 1865 EAH 

1 ‘‘(d) The Inspector General may not receive any cash 

2 award or cash bonus, including a cash award under chapter 

3 45 of title 5. 

4 ‘‘(e) The Inspector General shall, in accordance with 

5 applicable laws and regulations governing selections, ap6 pointments, and employment at the Government Publishing 

7 Office, obtain legal advice from a counsel reporting directly 

8 to the Inspector General or another Inspector General.’’. 

9 (2) TECHNICAL AND CONFORMING AMEND10 MENT.—The table of sections for chapter 39 of title 

11 44, United States Code, is amended by striking the 

12 item relating to section 3902 and inserting the fol13 lowing: 

‘‘3902. Appointment of Inspector General; supervision; removal; pay; limits on bonuses; counsel.’’. 

14 SEC. 1603. LAW ENFORCEMENT AUTHORITY. 

15 (a) LIBRARY OF CONGRESS.—Section 1307(d) of the 

16 Legislative Branch Appropriations Act, 2006 (2 U.S.C. 

17 185(d)) is amended by adding at the end the following: 

18 ‘‘(3) LAW ENFORCEMENT AUTHORITY.— 

19 ‘‘(A) IN GENERAL.—Subject to subpara20 graph (B), any supervisory special agent under 

21 the Inspector General and any special agent su22 pervised by such a supervisory special agent is 

23 authorized to— 
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1 ‘‘(i) make an arrest without a warrant 

2 while engaged in official duties as author3 ized under this section or any other statute 

4 for any offense against the United States 

5 committed in the presence of such super6 visory special agent or special agent, or for 

7 any felony cognizable under the laws of the 

8 United States if such supervisory special 

9 agent or special agent has reasonable 

10 grounds to believe that the person to be ar11 rested has committed or is committing such 

12 felony; 

13 ‘‘(ii) seek and execute warrants for ar14 rest, search of a premises, or seizure of evi15 dence issued under the authority of the 

16 United States upon probable cause to believe 

17 that a violation has been committed; and 

18 ‘‘(iii) carry a firearm while engaged in 

19 official duties as authorized under this sec20 tion or any other statute. 

21 ‘‘(B) REQUIREMENTS TO EXERCISE AU22 THORITY.— 

23 ‘‘(i) REQUIRED CERTIFICATION.— 

24 ‘‘(I) IN GENERAL.—In order to ex25 ercise the authority under subpara-
1677 

•HR 1865 EAH 

1 graph (A), a supervisory special agent 

2 or a special agent supervised by such a 

3 supervisory special agent shall certify 

4 that he or she— 

5 ‘‘(aa) is a citizen of the 

6 United States; 

7 ‘‘(bb) has successfully com8 pleted a basic law enforcement 

9 training program or military or 

10 other equivalent; and 

11 ‘‘(cc) is not prohibited from 

12 receiving a firearm under Federal 

13 law, including under section 

14 922(g)(9) of title 18, United 

15 States Code, because of a convic16 tion of a misdemeanor crime of 

17 domestic violence. 

18 ‘‘(II) ADDITIONAL REQUIRE19 MENTS.—After providing notice to the 

20 appropriate committees of Congress, 

21 the Inspector General may add re22 quirements to the certification required 

23 under subclause (I), as determined ap24 propriate by the Inspector General. 
1678 

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1 ‘‘(ii) MAINTENANCE OF REQUIRE2 MENTS.—The Inspector General shall main3 tain firearms-related requirements (includ4 ing quarterly firearms qualifications) and 

5 use of force training requirements that, ex6 cept to the extent the Inspector General de7 termines necessary to effectively carry out 

8 the duties of the Office of the Inspector Gen9 eral, are in accordance with the Council of 

10 the Inspectors General on Integrity and Ef11 ficiency use of force policies, which incor12 porate Department of Justice guidelines. 

13 ‘‘(iii) ELIGIBILITY DETERMINATION.— 

14 ‘‘(I) IN GENERAL.—The Inspector 

15 General shall— 

16 ‘‘(aa) determine whether an 

17 individual meets the requirements 

18 under this paragraph; and 

19 ‘‘(bb) revoke any authority 

20 granted to an individual under 

21 subparagraph (A) if the indi22 vidual is not in compliance with 

23 the requirements of this para24 graph. 
1679 

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1 ‘‘(II) REAUTHORIZATION.—The 

2 Inspector General may reauthorize an 

3 individual to exercise the authority 

4 granted under subparagraph (A) if the 

5 Inspector General determines the indi6 vidual has achieved compliance with 

7 the requirements under this paragraph. 

8 ‘‘(III) LIMITATION ON APPEAL.— 

9 A revocation of the authority granted 

10 under subparagraph (A) shall not be 

11 subject to administrative, judicial, or 

12 other review, unless the revocation re13 sults in an adverse action. Such an ad14 verse action may, at the election of the 

15 applicable individual, be reviewed in 

16 accordance with the otherwise applica17 ble procedures. 

18 ‘‘(C) SEMIANNUAL CERTIFICATION OF PRO19 GRAM.— 

20 ‘‘(i) IN GENERAL.—Before the first 

21 grant of authority under subparagraph (A), 

22 and semiannually thereafter as part of the 

23 report under section 5 of the Inspector Gen24 eral Act of 1978 (5 U.S.C. App.), the In25 spector General shall submit to the appro-
1680 

•HR 1865 EAH 

1 priate committees of Congress a written cer2 tification that adequate internal safeguards 

3 and management procedures exist that, ex4 cept to the extent the Inspector General de5 termines necessary to effectively carry out 

6 the duties of the Office of the Inspector Gen7 eral, are in compliance with standards es8 tablished by the Council of the Inspectors 

9 General on Integrity and Efficiency, which 

10 incorporate Department of Justice guide11 lines, to ensure proper exercise of the powers 

12 authorized under this paragraph. 

13 ‘‘(ii) SUSPENSION OF AUTHORITY.— 

14 The authority granted under this paragraph 

15 (including any grant of authority to an in16 dividual under subparagraph (A), without 

17 regard to whether the individual is in com18 pliance with subparagraph (B)) may be 

19 suspended by the Inspector General if the 

20 Office of Inspector General fails to comply 

21 with the reporting and review requirements 

22 under clause (i) of this subparagraph or 

23 subparagraph (D). Any suspension of au24 thority under this clause shall be reported to 

25 the appropriate committees of Congress. 
1681 

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1 ‘‘(D) PEER REVIEW.—To ensure the proper 

2 exercise of the law enforcement powers authorized 

3 under this paragraph, the Office of Inspector 

4 General shall submit to and participate in the 

5 external review process established by the Council 

6 of the Inspectors General on Integrity and Effi7 ciency for ensuring that adequate internal safe8 guards and management procedures continue to 

9 exist. Under the review process, the exercise of 

10 the law enforcement powers by the Office of In11 spector General shall be reviewed periodically by 

12 another Office of Inspector General or by a com13 mittee of Inspectors General. The results of each 

14 review shall be communicated in writing to the 

15 Inspector General, the Council of the Inspectors 

16 General on Integrity and Efficiency, and the ap17 propriate committees of Congress. 

18 ‘‘(E) ALLEGED MISCONDUCT.—Any allega19 tion of misconduct by an individual granted au20 thority under subparagraph (A) may be reviewed 

21 by the Integrity Committee of the Council of the 

22 Inspectors General on Integrity and Efficiency. 

23 ‘‘(F) APPROPRIATE COMMITTEES OF CON24 GRESS.—In this paragraph, the term ‘appro25 priate committees of Congress’ means— 
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1 ‘‘(i) the Committee on Rules and Ad2 ministration and the Committee on Appro3 priations of the Senate; and 

4 ‘‘(ii) the Committee on House Admin5 istration and the Committee on Appropria6 tions of the House of Representatives.’’. 

7 (b) ARCHITECT OF THE CAPITOL.—Section 1301(d) of 

8 the Architect of the Capitol Inspector General Act of 2007 

9 (2 U.S.C. 1808(d)) is amended by adding at the end the 

10 following: 

11 ‘‘(3) LAW ENFORCEMENT AUTHORITY.— 

12 ‘‘(A) IN GENERAL.—Subject to subpara13 graph (B), any supervisory special agent under 

14 the Inspector General and any special agent su15 pervised by such a supervisory special agent is 

16 authorized to— 

17 ‘‘(i) make an arrest without a warrant 

18 while engaged in official duties as author19 ized under this section or any other statute 

20 for any offense against the United States 

21 committed in the presence of such super22 visory special agent or special agent, or for 

23 any felony cognizable under the laws of the 

24 United States if such supervisory special 

25 agent or special agent has reasonable 
1683 

•HR 1865 EAH 

1 grounds to believe that the person to be ar2 rested has committed or is committing such 

3 felony; 

4 ‘‘(ii) seek and execute warrants for ar5 rest, search of a premises, or seizure of evi6 dence issued under the authority of the 

7 United States upon probable cause to believe 

8 that a violation has been committed; and 

9 ‘‘(iii) carry a firearm while engaged in 

10 official duties as authorized under this sec11 tion or any other statute. 

12 ‘‘(B) REQUIREMENTS TO EXERCISE AU13 THORITY.— 

14 ‘‘(i) REQUIRED CERTIFICATION.— 

15 ‘‘(I) IN GENERAL.—In order to ex16 ercise the authority under subpara17 graph (A), a supervisory special agent 

18 or a special agent supervised by such a 

19 supervisory special agent shall certify 

20 that he or she— 

21 ‘‘(aa) is a citizen of the 

22 United States; 

23 ‘‘(bb) has successfully com24 pleted a basic law enforcement 
1684 

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1 training program or military or 

2 other equivalent; and 

3 ‘‘(cc) is not prohibited from 

4 receiving a firearm under Federal 

5 law, including under section 

6 922(g)(9) of title 18, United 

7 States Code, because of a convic8 tion of a misdemeanor crime of 

9 domestic violence. 

10 ‘‘(II) ADDITIONAL REQUIRE11 MENTS.—After providing notice to the 

12 appropriate committees of Congress, 

13 the Inspector General may add re14 quirements to the certification required 

15 under subclause (I), as determined ap16 propriate by the Inspector General. 

17 ‘‘(ii) MAINTENANCE OF REQUIRE18 MENTS.—The Inspector General shall main19 tain firearms-related requirements (includ20 ing quarterly firearms qualifications) and 

21 use of force training requirements that, ex22 cept to the extent the Inspector General de23 termines necessary to effectively carry out 

24 the duties of the Office of the Inspector Gen25 eral, are in accordance with the Council of 
1685 

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1 the Inspectors General on Integrity and Ef2 ficiency use of force policies, which incor3 porate Department of Justice guidelines. 

4 ‘‘(iii) ELIGIBILITY DETERMINATION.— 

5 ‘‘(I) IN GENERAL.—The Inspector 

6 General shall— 

7 ‘‘(aa) determine whether an 

8 individual meets the requirements 

9 under this paragraph; and 

10 ‘‘(bb) revoke any authority 

11 granted to an individual under 

12 subparagraph (A) if the indi13 vidual is not in compliance with 

14 the requirements of this para15 graph. 

16 ‘‘(II) REAUTHORIZATION.—The 

17 Inspector General may reauthorize an 

18 individual to exercise the authority 

19 granted under subparagraph (A) if the 

20 Inspector General determines the indi21 vidual has achieved compliance with 

22 the requirements under this paragraph. 

23 ‘‘(III) LIMITATION ON APPEAL.— 

24 A revocation of the authority granted 

25 under subparagraph (A) shall not be 
1686 

•HR 1865 EAH 

1 subject to administrative, judicial, or 

2 other review, unless the revocation re3 sults in an adverse action. Such an ad4 verse action may, at the election of the 

5 applicable individual, be reviewed in 

6 accordance with the otherwise applica7 ble procedures. 

8 ‘‘(C) SEMIANNUAL CERTIFICATION OF PRO9 GRAM.— 

10 ‘‘(i) IN GENERAL.—Before the first 

11 grant of authority under subparagraph (A), 

12 and semiannually thereafter as part of the 

13 report under section 5 of the Inspector Gen14 eral Act of 1978 (5 U.S.C. App.), the In15 spector General shall submit to the appro16 priate committees of Congress a written cer17 tification that adequate internal safeguards 

18 and management procedures exist that, ex19 cept to the extent the Inspector General de20 termines necessary to effectively carry out 

21 the duties of the Office of the Inspector Gen22 eral, are in compliance with standards es23 tablished by the Council of the Inspectors 

24 General on Integrity and Efficiency, which 

25 incorporate Department of Justice guide-
1687 

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1 lines, to ensure proper exercise of the powers 

2 authorized under this paragraph. 

3 ‘‘(ii) SUSPENSION OF AUTHORITY.— 

4 The authority granted under this paragraph 

5 (including any grant of authority to an in6 dividual under subparagraph (A), without 

7 regard to whether the individual is in com8 pliance with subparagraph (B)) may be 

9 suspended by the Inspector General if the 

10 Office of Inspector General fails to comply 

11 with the reporting and review requirements 

12 under clause (i) of this subparagraph or 

13 subparagraph (D). Any suspension of au14 thority under this clause shall be reported to 

15 the appropriate committees of Congress. 

16 ‘‘(D) PEER REVIEW.—To ensure the proper 

17 exercise of the law enforcement powers authorized 

18 under this paragraph, the Office of Inspector 

19 General shall submit to and participate in the 

20 external review process established by the Council 

21 of the Inspectors General on Integrity and Effi22 ciency for ensuring that adequate internal safe23 guards and management procedures continue to 

24 exist. Under the review process, the exercise of 

25 the law enforcement powers by the Office of In-
1688 

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1 spector General shall be reviewed periodically by 

2 another Office of Inspector General or by a com3 mittee of Inspectors General. The results of each 

4 review shall be communicated in writing to the 

5 Inspector General, the Council of the Inspectors 

6 General on Integrity and Efficiency, and the ap7 propriate committees of Congress. 

8 ‘‘(E) ALLEGED MISCONDUCT.—Any allega9 tion of misconduct by an individual granted au10 thority under subparagraph (A) may be reviewed 

11 by the Integrity Committee of the Council of the 

12 Inspectors General on Integrity and Efficiency. 

13 ‘‘(F) APPROPRIATE COMMITTEES OF CON14 GRESS.—In this paragraph, the term ‘appro15 priate committees of Congress’ means— 

16 ‘‘(i) the Committee on Rules and Ad17 ministration and the Committee on Appro18 priations of the Senate; and 

19 ‘‘(ii) the Committee on House Admin20 istration and the Committee on Appropria21 tions of the House of Representatives.’’. 

22 (c) GOVERNMENT PUBLISHING OFFICE.—Section 3903 

23 of title 44, United States Code, is amended is amended by 

24 adding at the end the following: 
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•HR 1865 EAH 

1 ‘‘(c)(1) Subject to paragraph (2), any supervisory spe2 cial agent under the Inspector General and any special 

3 agent supervised by such a supervisory special agent is au4 thorized to— 

5 ‘‘(A) make an arrest without a warrant while 

6 engaged in official duties as authorized under this 

7 chapter or any other statute for any offense against 

8 the United States committed in the presence of such 

9 supervisory special agent or special agent, or for any 

10 felony cognizable under the laws of the United States 

11 if such supervisory special agent or special agent has 

12 reasonable grounds to believe that the person to be ar13 rested has committed or is committing such felony; 

14 ‘‘(B) seek and execute warrants for arrest, search 

15 of a premises, or seizure of evidence issued under the 

16 authority of the United States upon probable cause to 

17 believe that a violation has been committed; and 

18 ‘‘(C) carry a firearm while engaged in official 

19 duties as authorized under this chapter or any other 

20 statute. 

21 ‘‘(2)(A)(i) In order to exercise the authority under 

22 paragraph (1), a supervisory special agent or a special 

23 agent supervised by such a supervisory special agent shall 

24 certify that he or she— 

25 ‘‘(I) is a citizen of the United States; 
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1 ‘‘(II) has successfully completed a basic law en2 forcement training program or military or other 

3 equivalent; and 

4 ‘‘(III) is not prohibited from receiving a firearm 

5 under Federal law, including under section 922(g)(9) 

6 of title 18, United States Code, because of a convic7 tion of a misdemeanor crime of domestic violence. 

8 ‘‘(ii) After providing notice to the appropriate commit9 tees of Congress, the Inspector General may add require10 ments to the certification required under clause (i), as deter11 mined appropriate by the Inspector General. 

12 ‘‘(B) The Inspector General shall maintain firearms13 related requirements (including quarterly firearms quali14 fications) and use of force training requirements that, ex15 cept to the extent the Inspector General determines nec16 essary to effectively carry out the duties of the Office of the 

17 Inspector General, are in accordance with the Council of 

18 the Inspectors General on Integrity and Efficiency use of 

19 force policies, which incorporate Department of Justice 

20 guidelines. 

21 ‘‘(C)(i) The Inspector General shall— 

22 ‘‘(I) determine whether an individual meets the 

23 requirements under this subsection; and 

24 ‘‘(II) revoke any authority granted to an indi25 vidual under paragraph (1) if the individual is not 
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1 in compliance with the requirements of this sub2 section. 

3 ‘‘(ii) The Inspector General may reauthorize an indi4 vidual to exercise the authority granted under paragraph 

5 (1) if the Inspector General determines the individual has 

6 achieved compliance with the requirements under this sub7 section. 

8 ‘‘(iii) A revocation of the authority granted under 

9 paragraph (1) shall not be subject to administrative, judi10 cial, or other review, unless the revocation results in an ad11 verse action. Such an adverse action may, at the election 

12 of the applicable individual, be reviewed in accordance with 

13 the otherwise applicable procedures. 

14 ‘‘(3)(A) Before the first grant of authority under para15 graph (1), and semiannually thereafter as part of the report 

16 under section 5 of the Inspector General Act of 1978 (5 

17 U.S.C. App.), the Inspector General shall submit to the ap18 propriate committees of Congress a written certification 

19 that adequate internal safeguards and management proce20 dures exist that, except to the extent the Inspector General 

21 determines necessary to effectively carry out the duties of 

22 the Office of the Inspector General, are in compliance with 

23 standards established by the Council of the Inspectors Gen24 eral on Integrity and Efficiency, which incorporate Depart-
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1 ment of Justice guidelines, to ensure proper exercise of the 

2 powers authorized under this subsection. 

3 ‘‘(B) The authority granted under this subsection (in4 cluding any grant of authority to an individual under 

5 paragraph (1), without regard to whether the individual is 

6 in compliance with paragraph (2)) may be suspended by 

7 the Inspector General if the Office of Inspector General fails 

8 to comply with the reporting and review requirements 

9 under subparagraph (A) of this paragraph or paragraph 

10 (4). Any suspension of authority under this subparagraph 

11 shall be reported to the appropriate committees of Congress. 

12 ‘‘(4) To ensure the proper exercise of the law enforce13 ment powers authorized under this subsection, the Office of 

14 Inspector General shall submit to and participate in the 

15 external review process established by the Council of the In16 spectors General on Integrity and Efficiency for ensuring 

17 that adequate internal safeguards and management proce18 dures continue to exist. Under the review process, the exer19 cise of the law enforcement powers by the Office of Inspector 

20 General shall be reviewed periodically by another Office of 

21 Inspector General or by a committee of Inspectors General. 

22 The results of each review shall be communicated in writing 

23 to the Inspector General, the Council of the Inspectors Gen24 eral on Integrity and Efficiency, and the appropriate com25 mittees of Congress. 
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1 ‘‘(5) Any allegation of misconduct by an individual 

2 granted authority under paragraph (1) may be reviewed 

3 by the Integrity Committee of the Council of the Inspectors 

4 General on Integrity and Efficiency. 

5 ‘‘(6) In this subsection, the term ‘appropriate commit6 tees of Congress’ means— 

7 ‘‘(A) the Committee on Rules and Administra8 tion and the Committee on Appropriations of the 

9 Senate; and 

10 ‘‘(B) the Committee on House Administration 

11 and the Committee on Appropriations of the House of 

12 Representatives.’’. 

13 SEC. 1604. BUDGET INDEPENDENCE. 

14 (a) LIBRARY OF CONGRESS.— 

15 (1) AUTHORITY.—Section 1307(d) of the Legisla16 tive Branch Appropriations Act, 2006 (2 U.S.C. 

17 185(d)), as amended by section 1603 of this Act, is 

18 amended by adding at the end the following: 

19 ‘‘(4) BUDGET INDEPENDENCE.—The Librarian 

20 of Congress shall include the annual budget request of 

21 the Inspector General in the budget of the Library of 

22 Congress without change.’’. 

23 (b) OFFICE OF THE ARCHITECT OF THE CAPITOL.— 

24 Section 1301(d) of the Architect of the Capitol Inspector 

25 General Act of 2007 (2 U.S.C. 1808(d)), as amended by sec-
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1 tion 1603 of this Act, is amended by adding at the end 

2 the following: 

3 ‘‘(4) BUDGET INDEPENDENCE.—The Architect of 

4 the Capitol shall include the annual budget request of 

5 the Inspector General in the budget of the Office of the 

6 Architect of the Capitol without change.’’. 

7 (c) GOVERNMENT PUBLISHING OFFICE.—Section 3903 

8 of title 44, United States Code, as amended by section 1603 

9 of this Act, is amended by adding at the end the following: 

10 ‘‘(d) The Director of the Government Publishing Office 

11 shall include the annual budget request of the Inspector 

12 General in the budget of the Government Publishing Office 

13 without change.’’. 

14 (d) SEPARATE ALLOCATIONS.— 

15 (1) LEGISLATIVE BRANCH INSTRUMENTALITY DE16 FINED.—In this subsection, the term ‘‘legislative 

17 branch instrumentality’’ means the Library of Con18 gress, the Office of the Architect of the Capitol, or the 

19 Government Publishing Office. 

20 (2) ALLOCATION.—For fiscal year 2021, and 

21 each fiscal year thereafter, Congress shall provide, 

22 within the amounts made available for salaries and 

23 expenses of each legislative branch instrumentality, a 

24 separate allocation of amounts for salaries and ex-
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1 penses of the Office of the Inspector General of the 

2 covered legislative branch instrumentality. 

3 SEC. 1605. HIRING AUTHORITY. 

4 (a) LIBRARY OF CONGRESS.—Section 1307(d)(2) of the 

5 Legislative Branch Appropriations Act, 2006 (2 U.S.C. 

6 185(d)(2)) is amended— 

7 (1) by striking ‘‘The Inspector’’ and inserting the 

8 following: 

9 ‘‘(A) IN GENERAL.—The Inspector’’; 

10 (2) in subparagraph (A), as so designated, by in11 serting ‘‘, without the supervision or approval of any 

12 other employee, office, or other entity within the Li13 brary of Congress,’’ after ‘‘is authorized’’; and 

14 (3) by adding at the end the following: 

15 ‘‘(B) SECURITY AND SUITABILITY.—Ap16 pointments under the authority under subpara17 graph (A) shall be made consistent with per18 sonnel security and suitability requirements. 

19 ‘‘(C) CONSULTANTS.—Any appointment of 

20 a consultant under the authority under subpara21 graph (A) shall be made consistent with section 

22 6(a)(8) of the Inspector General Act of 1978 (5 

23 U.S.C. App.).’’. 
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1 (b) OFFICE OF THE ARCHITECT OF THE CAPITOL.— 

2 Section 1301(d)(2) of the Architect of the Capitol Inspector 

3 General Act of 2007 (2 U.S.C. 1808(d)(2)) is amended— 

4 (1) by striking ‘‘The Inspector’’ and inserting the 

5 following: 

6 ‘‘(A) IN GENERAL.—The Inspector’’; 

7 (2) in subparagraph (A), as so designated, by in8 serting ‘‘, without the supervision or approval of any 

9 other employee, office, or other entity within the Of10 fice of the Architect of the Capitol,’’ after ‘‘is author11 ized’’; and 

12 (3) by adding at the end the following: 

13 ‘‘(B) SECURITY AND SUITABILITY.—Ap14 pointments under the authority under subpara15 graph (A) shall be made consistent with per16 sonnel security and suitability requirements. 

17 ‘‘(C) CONSULTANTS.—Any appointment of 

18 a consultant under the authority under subpara19 graph (A) shall be made consistent with section 

20 6(a)(8) of the Inspector General Act of 1978 (5 

21 U.S.C. App.).’’. 

22 (c) GOVERNMENT PUBLISHING OFFICE.—Section 

23 3903(b) of title 44, United States Code, is amended— 

24 (1) by inserting ‘‘(1)’’ before ‘‘The Inspector’’; 
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1 (2) in paragraph (1), as so designated, by insert2 ing ‘‘, without the supervision or approval of any 

3 other employee, office, or other entity within the Gov4 ernment Publishing Office,’’ after ‘‘is authorized’’; 

5 and 

6 (3) by adding at the end the following: 

7 ‘‘(2) Appointments under the authority under para8 graph (1) shall be made consistent with personnel security 

9 and suitability requirements. 

10 ‘‘(3) Any appointment of a consultant under the au11 thority under paragraph (1) shall be made consistent with 

12 section 6(a)(8) of the Inspector General Act of 1978 (5 

13 U.S.C. App.).’’. 

14 TITLE XVII—MANAGING 

15 POLITICAL FUND ACTIVITY 

16 SEC. 1701. MANAGING POLITICAL FUND ACTIVITY. 

17 The Majority Leader and the Minority Leader may 

18 each designate up to 2 employees of their respective leader19 ship office staff as designees referred to in the second sen20 tence of paragraph 1 of rule XLI of the Standing Rules 

21 of the Senate. 
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1 TITLE XVIII—KENTUCKY 

2 WILDLANDS NATIONAL HER3 ITAGE AREA STUDY 

4 SEC. 1801. SHORT TITLE. 

5 This title may be cited as the ‘‘Kentucky Wildlands 

6 National Heritage Area Study Act’’. 

7 SEC. 1802. DEFINITIONS. 

8 In this Act: 

9 (1) HERITAGE AREA.—The term ‘‘Heritage 

10 Area’’ means the Kentucky Wildlands National Herit11 age Area. 

12 (2) SECRETARY.—The term ‘‘Secretary’’ means 

13 the Secretary of the Interior. 

14 (3) STATE.—The term ‘‘State’’ means the State 

15 of Kentucky. 

16 (4) STUDY AREA.—The term ‘‘study area’’ 

17 means— 

18 (A) Adair, Bath, Bell, Boyd, Breathitt, Car19 ter, Casey, Clay, Clinton, Cumberland, Elliott, 

20 Floyd, Green, Harlan, Jackson, Johnson, Knott, 

21 Knox, Laurel, Lawrence, Lee, Leslie, Letcher, 

22 Lincoln, Magoffin, Martin, McCreary, Menifee, 

23 Metcalfe, Monroe, Morgan, Owsley, Perry, Pike, 

24 Pulaski, Rockcastle, Rowan, Russell, Wayne, 

25 Whitley, and Wolfe Counties in the State; and 
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1 (B) any other areas in the State that— 

2 (i) have heritage aspects that are simi3 lar to the heritage aspects of the areas de4 scribed in subparagraph (A); and 

5 (ii) are adjacent to, or in the vicinity 

6 of, the areas described in that subpara7 graph. 

8 SEC. 1803. STUDY. 

9 (a) IN GENERAL.—The Secretary, in consultation with 

10 State and local historic preservation officers, State and 

11 local historical societies, State and local tourism offices, and 

12 other appropriate organizations and governmental agencies, 

13 shall conduct a study to assess the suitability and feasibility 

14 of designating the study area as a National Heritage Area, 

15 to be known as the ‘‘Kentucky Wildlands National Heritage 

16 Area’’. 

17 (b) REQUIREMENTS.—The study shall include anal18 ysis, documentation, and determinations on whether the 

19 study area— 

20 (1) has an assemblage of natural, historic, and 

21 cultural resources that— 

22 (A) represent distinctive aspects of the herit23 age of the United States; 

24 (B) are worthy of recognition, conservation, 

25 interpretation, and continuing use; and 
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1 (C) would be best managed— 

2 (i) through partnerships among public 

3 and private entities; and 

4 (ii) by linking diverse and sometimes 

5 noncontiguous resources and active commu6 nities; 

7 (2) reflects traditions, customs, beliefs, and 

8 folklife that are a valuable part of the story of the 

9 United States; 

10 (3) provides outstanding opportunities— 

11 (A) to conserve natural, historic, cultural, 

12 or scenic features; and 

13 (B) for recreation and education; 

14 (4) contains resources that— 

15 (A) are important to any identified themes 

16 of the study area; and 

17 (B) retain a degree of integrity capable of 

18 supporting interpretation; 

19 (5) includes residents, business interests, non20 profit organizations, and State and local governments 

21 that— 

22 (A) are involved in the planning of the Her23 itage Area; 

24 (B) have developed a conceptual financial 

25 plan that outlines the roles of all participants in 
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1 the Heritage Area, including the Federal Govern2 ment; and 

3 (C) have demonstrated support for the des4 ignation of the Heritage Area; 

5 (6) has a potential management entity to work 

6 in partnership with the individuals and entities de7 scribed in paragraph (5) to develop the Heritage Area 

8 while encouraging State and local economic activity; 

9 (7) could impact the rights of private property 

10 owners with respect to private property; and 

11 (8) has a conceptual boundary map that is sup12 ported by the public. 

13 SEC. 1804. REPORT. 

14 Not later than 3 years after the date on which funds 

15 are first made available to carry out this Act, the Secretary 

16 shall submit to the Committee on Energy and Natural Re17 sources of the Senate and the Committee on Natural Re18 sources of the House of Representatives a report that de19 scribes— 

20 (1) the findings of the study under section 1803; 

21 and 

22 (2) any conclusions and recommendations of the 

23 Secretary. 
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1 TITLE XIX—INTERNATIONAL 

2 BANK FOR RECONSTRUCTION 

3 AND DEVELOPMENT 

4 SEC. 1901. INTERNATIONAL BANK FOR RECONSTRUCTION 

5 AND DEVELOPMENT. 

6 The Bretton Woods Agreements Act (22 U.S.C. 286 et 

7 seq.) is amended by adding at the end the following new 

8 section: 

9 ‘‘SEC. 73. CAPITAL STOCK INCREASES. 

10 ‘‘(a) INCREASES AUTHORIZED.—The United States 

11 Governor of the Bank is authorized— 

12 ‘‘(1)(A) to vote in favor of a resolution to in13 crease the capital stock of the Bank on a selective 

14 basis by 245,773 shares; and 

15 ‘‘(B) to subscribe on behalf of the United States 

16 to 42,298 additional shares of the capital stock of the 

17 Bank, as part of the selective increase in the capital 

18 stock of the Bank, except that any subscription to 

19 such additional shares shall be effective only to the ex20 tent or in such amounts as are provided in advance 

21 in appropriations Acts; and 

22 ‘‘(2)(A) to vote in favor of a resolution to in23 crease the capital stock of the Bank on a general basis 

24 by 230,500 shares; and 
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1 ‘‘(B) to subscribe on behalf of the United States 

2 to 38,662 additional shares of the capital stock of the 

3 Bank, as part of the general increase in the capital 

4 stock of the Bank, except that any subscription to 

5 such additional shares shall be effective only to the ex6 tent or in such amounts as are provided in advance 

7 in appropriations Acts. 

8 ‘‘(b) LIMITATIONS ON AUTHORIZATION OF APPROPRIA9 TIONS.—(1) In order to pay for the increase in the United 

10 States subscription to the Bank under subsection (a)(2)(B), 

11 there are authorized to be appropriated, without fiscal year 

12 limitation, $4,663,990,370 for payment by the Secretary of 

13 the Treasury. 

14 ‘‘(2) Of the amount authorized to be appropriated 

15 under paragraph (1), $932,798,074 shall be for paid in 

16 shares of the Bank, and $3,731,192,296 shall be for callable 

17 shares of the Bank. 

18 ‘‘(3) In order to pay for the increase in the United 

19 States subscription to the Bank under subsection (a)(1)(B), 

20 there are authorized to be appropriated, without fiscal year 

21 limitation $5,102,619,230 for payment by the Secretary of 

22 the Treasury. 

23 ‘‘(4) Of the amount authorized to be appropriated 

24 under paragraph (3), $306,157,153.80 shall be for paid in 
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1 shares of the Bank, and $4,796,462,076.20 shall be for call2 able shares of the Bank.’’. 

3 TITLE XX—EUROPEAN ENERGY 

4 SECURITY AND DIVERSIFICA5 TION ACT OF 2019 

6 SEC. 2001. SHORT TITLE. 

7 This title may be cited as the ‘‘European Energy Secu8 rity and Diversification Act of 2019’’. 

9 SEC. 2002. DEFINITIONS. 

10 In this title: 

11 (1) EARLY-STAGE PROJECT SUPPORT.—The term 

12 ‘‘early-stage project support’’ includes— 

13 (A) feasibility studies; 

14 (B) resource evaluations; 

15 (C) project appraisal and costing; 

16 (D) pilot projects; 

17 (E) commercial support, such as trade mis18 sions, reverse trade missions, technical work19 shops, international buyer programs, and inter20 national partner searchers to link suppliers to 

21 projects; 

22 (F) technical assistance and other guidance 

23 to improve the local regulatory environment and 

24 market frameworks to encourage transparent 

25 competition and enhance energy security; and 
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1 (G) long-term energy sector planning. 

2 (2) LATE-STAGE PROJECT SUPPORT.—The term 

3 ‘‘late-stage project support’’ includes debt financing, 

4 insurance, and transaction advisory services. 

5 SEC. 2003. STATEMENT OF POLICY. 

6 (a) SENSE OF CONGRESS.—It is the sense of Congress 

7 that the United States has economic and national security 

8 interests in assisting European and Eurasian countries 

9 achieve energy security through diversification of their en10 ergy sources and supply routes. 

11 (b) STATEMENT OF POLICY.—It is the policy of the 

12 United States— 

13 (1) to advance United States foreign policy and 

14 development goals by assisting European and Eur15 asian countries to reduce their dependence on energy 

16 resources from countries that use energy dependence 

17 for undue political influence, such as the Russian 

18 Federation, which has used natural gas to coerce, in19 timidate, and influence other countries; 

20 (2) to promote the energy security of allies and 

21 partners of the United States by encouraging the de22 velopment of accessible, transparent, and competitive 

23 energy markets that provide diversified sources, types, 

24 and routes of energy; 
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1 (3) to encourage United States public and pri2 vate sector investment in European energy infrastruc3 ture projects to bridge the gap between energy security 

4 requirements and commercial demand in a way that 

5 is consistent with the region’s absorptive capacity; 

6 and 

7 (4) to help facilitate the export of United States 

8 energy resources, technology, and expertise to global 

9 markets in a way that benefits the energy security of 

10 allies and partners of the United States, including in 

11 Europe and Eurasia. 

12 SEC. 2004. PRIORITIZATION OF EFFORTS AND ASSISTANCE 

13 FOR ENERGY INFRASTRUCTURE PROJECTS IN 

14 EUROPE AND EURASIA. 

15 (a) IN GENERAL.—In pursuing the policy described in 

16 section 2003, the Secretary of State, in consultation with 

17 the Secretary of Energy and the heads of other relevant 

18 United States agencies, shall, as appropriate, prioritize and 

19 expedite the efforts of the Department of State and those 

20 agencies in supporting the efforts of the European Commis21 sion and the governments of European and Eurasian coun22 tries to increase their energy security, including through— 

23 (1) providing diplomatic and political support 

24 to the European Commission and those governments, 

25 as necessary— 
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1 (A) to facilitate international negotiations 

2 concerning cross-border infrastructure; 

3 (B) to enhance Europe’s regulatory environ4 ment with respect to energy; and 

5 (C) to develop accessible, transparent, and 

6 competitive energy markets supplied by diverse 

7 sources, types, and routes of energy; and 

8 (2) providing support to improve European and 

9 Eurasian energy markets, including early-stage 

10 project support and late-stage project support for the 

11 construction or improvement of energy and related 

12 infrastructure, as necessary— 

13 (A) to diversify the energy sources and sup14 ply routes of European and Eurasian countries; 

15 (B) to enhance energy market integration 

16 across the region; and 

17 (C) to increase competition within energy 

18 markets. 

19 (b) PROJECT SELECTION.— 

20 (1) IN GENERAL.—The agencies described in sub21 section (a) shall identify energy infrastructure 

22 projects that would be appropriate for United States 

23 assistance under this section. 
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1 (2) PROJECT ELIGIBILITY.—A project is eligible 

2 for United States assistance under this section if the 

3 project— 

4 (A)(i) improves electricity transmission in5 frastructure, power generation through the use of 

6 a broad power mix (including fossil fuel and re7 newable energy), or energy efficiency; or 

8 (ii) advances electricity storage projects, 

9 smart grid projects, distributed generation mod10 els, or other technological innovations, as appro11 priate; and 

12 (B) is located in a European or Eurasian 

13 country. 

14 (3) PREFERENCE.—In selecting among projects 

15 that are eligible under paragraph (2), the agencies de16 scribed in subsection (a) shall give preference to 

17 projects that— 

18 (A) link the energy systems of 2 or more 

19 European or Eurasian countries; 

20 (B) have already been identified by the Eu21 ropean Commission as being integral for the en22 ergy security of European countries; 

23 (C) are expected to enhance energy market 

24 integration; 
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1 (D) can attract funding from the private 

2 sector, an international financial institution, the 

3 government of the country in which the project 

4 will be carried out, or the European Commis5 sion; or 

6 (E) have the potential to use United States 

7 goods and services during project implementa8 tion. 

9 (c) TYPES OF ASSISTANCE.— 

10 (1) DIPLOMATIC AND POLITICAL SUPPORT.—The 

11 Secretary of State shall provide diplomatic and polit12 ical support to the European Commission and the 

13 governments of European and Eurasian countries, as 

14 necessary, including by using the diplomatic and po15 litical influence and expertise of the Department of 

16 State to build the capacity of those countries to re17 solve any impediments to the development of projects 

18 selected under subsection (b). 

19 (2) EARLY-STAGE PROJECT SUPPORT.—The Di20 rector of the Trade and Development Agency shall 

21 provide early-stage project support with respect to 

22 projects selected under subsection (b), as necessary. 

23 (3) LATE-STAGE PROJECT SUPPORT.—Agencies 

24 described in subsection (a) that provide late-stage 
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1 project support shall do so with respect to projects se2 lected under subsection (b), as necessary. 

3 (d) FUNDING.— 

4 (1) TRADE AND DEVELOPMENT AGENCY.—Sec5 tion 661(f)(1)(A) of the Foreign Assistance Act of 

6 1961 (22 U.S.C. 2421(f)(1)(A)) is amended by strik7 ing ‘‘$48,000,000 for fiscal year 2000’’ and inserting 

8 ‘‘$79,500,000 for fiscal year 2020’’. 

9 (2) COUNTERING RUSSIAN INFLUENCE FUND.— 

10 Section 254 of the Countering Russian Influence in 

11 Europe and Eurasia Act of 2017 (22 U.S.C. 9543) is 

12 amended— 

13 (A) in subsection (a), by striking ‘‘fiscal 

14 years 2018 and 2019’’ and inserting ‘‘fiscal 

15 years 2020, 2021, 2022, and 2023’’; and 

16 (B) in subsection (b), by adding at the end 

17 the following new paragraph: 

18 ‘‘(7) To assist United States agencies that oper19 ate under the foreign policy guidance of the Secretary 

20 of State in providing assistance under section 2004 of 

21 the European Energy Security and Diversification 

22 Act of 2019.’’. 

23 (e) EXCEPTION FROM CERTAIN LIMITATION UNDER

24 BUILD ACT.— 
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1 (1) IN GENERAL.—For purposes of providing 

2 support for projects under this section— 

3 (A) the United States International Devel4 opment Finance Corporation may provide sup5 port for projects in countries with upper-middle6 income economies or high-income economies (as 

7 those terms are defined by the World Bank); 

8 (B) the restriction under section 1412(c)(2) 

9 of the Better Utilization of Investments Leading 

10 to Development Act of 2018 (22 U.S.C. 

11 9612(c)(2)) shall not apply; and 

12 (C) the Corporation shall restrict the provi13 sion of such support in a country described in 

14 subparagraph (A) unless— 

15 (i) the President certifies to the appro16 priate congressional committees that such 

17 support furthers the national economic or 

18 foreign policy interests of the United States; 

19 and 

20 (ii) such support is— 

21 (I) designed to produce significant 

22 developmental outcomes or provide de23 velopmental benefits to the poorest pop24 ulation of that country; or 
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1 (II) necessary to preempt or 

2 counter efforts by a strategic compet3 itor of the United States to secure sig4 nificant political or economic leverage 

5 or acquire national security-sensitive 

6 technologies or infrastructure in a 

7 country that is an ally or partner of 

8 the United States. 

9 (2) DEFINITIONS.—In this subsection, the terms 

10 ‘‘appropriate congressional committees’’ and ‘‘less de11 veloped country’’ have the meanings given those terms 

12 in section 1402 of the Better Utilization of Invest13 ments Leading to Development Act of 2018 (22 

14 U.S.C. 9601). 

15 SEC. 2005. PROGRESS REPORTS. 

16 Not later than one year after the date of the enactment 

17 of this Act, and annually thereafter, the President shall sub18 mit to the Committee on Foreign Relations of the Senate 

19 and the Committee on Foreign Affairs of the House of Rep20 resentatives a report on progress made in providing assist21 ance for projects under section 2004 that includes— 

22 (1) a description of the energy infrastructure 

23 projects the United States has identified for such as24 sistance; and 

25 (2) for each such project— 
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1 (A) a description of the role of the United 

2 States in the project, including in early-stage 

3 project support and late-stage project support; 

4 (B) the amount and form of any debt fi5 nancing and insurance provided by the United 

6 States Government for the project; 

7 (C) the amount and form of any early-stage 

8 project support; and 

9 (D) an update on the progress made on the 

10 project as of the date of the report. 

11 DIVISION Q—REVENUE 

12 PROVISIONS 

13 SECTION 1. SHORT TITLE; ETC. 

14 (a) SHORT TITLE.—This division may be cited as the 

15 ‘‘Taxpayer Certainty and Disaster Tax Relief Act of 2019’’. 

16 (b) TABLE OF CONTENTS.—The table of contents for 

17 this division is as follows: 

Sec. 1. Short title; etc. 

TITLE I—EXTENSION OF CERTAIN EXPIRING PROVISIONS 

Subtitle A—Tax Relief and Support for Families and Individuals 

Sec. 101. Exclusion from gross income of discharge of qualified principal residence indebtedness. 

Sec. 102. Treatment of mortgage insurance premiums as qualified residence interest. 

Sec. 103. Reduction in medical expense deduction floor. 

Sec. 104. Deduction of qualified tuition and related expenses. 

Sec. 105. Black lung disability trust fund excise tax. 

Subtitle B—Incentives for Employment, Economic Growth, and Community 

Development 

Sec. 111. Indian employment credit. 

Sec. 112. Railroad track maintenance credit. 
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Sec. 113. Mine rescue team training credit. 

Sec. 114. Classification of certain race horses as 3-year property. 

Sec. 115. 7-year recovery period for motorsports entertainment complexes. 

Sec. 116. Accelerated depreciation for business property on Indian reservations. 

Sec. 117. Expensing rules for certain productions. 

Sec. 118. Empowerment zone tax incentives. 

Sec. 119. American Samoa economic development credit. 

Subtitle C—Incentives for Energy Production, Efficiency, and Green Economy 

Jobs 

Sec. 121. Biodiesel and renewable diesel. 

Sec. 122. Second generation biofuel producer credit. 

Sec. 123. Nonbusiness energy property. 

Sec. 124. Qualified fuel cell motor vehicles. 

Sec. 125. Alternative fuel refueling property credit. 

Sec. 126. 2-wheeled plug-in electric vehicle credit. 

Sec. 127. Credit for electricity produced from certain renewable resources. 

Sec. 128. Production credit for Indian coal facilities. 

Sec. 129. Energy efficient homes credit. 

Sec. 130. Special allowance for second generation biofuel plant property. 

Sec. 131. Energy efficient commercial buildings deduction. 

Sec. 132. Special rule for sales or dispositions to implement FERC or State electric restructuring policy for qualified electric utilities. 

Sec. 133. Extension and clarification of excise tax credits relating to alternative 

fuels. 

Sec. 134. Oil spill liability trust fund rate. 

Subtitle D—Certain Provisions Expiring at the End of 2019 

Sec. 141. New markets tax credit. 

Sec. 142. Employer credit for paid family and medical leave. 

Sec. 143. Work opportunity credit. 

Sec. 144. Certain provisions related to beer, wine, and distilled spirits. 

Sec. 145. Look-thru rule for related controlled foreign corporations. 

Sec. 146. Credit for health insurance costs of eligible individuals. 

TITLE II—DISASTER TAX RELIEF 

Sec. 201. Definitions. 

Sec. 202. Special disaster-related rules for use of retirement funds. 

Sec. 203. Employee retention credit for employers affected by qualified disasters. 

Sec. 204. Other disaster-related tax relief provisions. 

Sec. 205. Automatic extension of filing deadlines in case of certain taxpayers affected by Federally declared disasters. 

Sec. 206. Modification of the tax rate for the excise tax on investment income of 

private foundations. 

Sec. 207. Additional low-income housing credit allocations for qualified 2017 and 

2018 California disaster areas. 

Sec. 208. Treatment of certain possessions. 

TITLE III—OTHER PROVISIONS 

Sec. 301. Modification of income for purposes of determining tax-exempt status 

of certain mutual or cooperative telephone or electric companies. 

Sec. 302. Repeal of increase in unrelated business taxable income for certain 

fringe benefit expenses. 
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1 (c) AMENDMENT OF 1986 CODE.—Except as otherwise 

2 expressly provided, whenever in this division an amend3 ment or repeal is expressed in terms of an amendment to, 

4 or repeal of, a section or other provision, the reference shall 

5 be considered to be made to a section or other provision 

6 of the Internal Revenue Code of 1986. 

7 TITLE I—EXTENSION OF 

8 CERTAIN EXPIRING PROVISIONS 

9 Subtitle A—Tax Relief and Support 

10 for Families and Individuals 

11 SEC. 101. EXCLUSION FROM GROSS INCOME OF DISCHARGE 

12 OF QUALIFIED PRINCIPAL RESIDENCE IN13 DEBTEDNESS. 

14 (a) IN GENERAL.—Section 108(a)(1)(E) is amended 

15 by striking ‘‘January 1, 2018’’ each place it appears and 

16 inserting ‘‘January 1, 2021’’. 

17 (b) CONFORMING AMENDMENT.—Section 108(h)(2) is 

18 amended by inserting ‘‘and determined without regard to 

19 the substitution described in section 163(h)(3)(F)(i)(II)’’ 

20 after ‘‘clause (ii) thereof’’. 

21 (c) EFFECTIVE DATE.—The amendments made by this 

22 section shall apply to discharges of indebtedness after De23 cember 31, 2017. 
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1 SEC. 102. TREATMENT OF MORTGAGE INSURANCE PRE2 MIUMS AS QUALIFIED RESIDENCE INTEREST. 

3 (a) IN GENERAL.—Section 163(h)(3)(E)(iv)(I) is 

4 amended by striking ‘‘December 31, 2017’’ and inserting 

5 ‘‘December 31, 2020’’. 

6 (b) EFFECTIVE DATE.—The amendment made by this 

7 section shall apply to amounts paid or accrued after Decem8 ber 31, 2017. 

9 SEC. 103. REDUCTION IN MEDICAL EXPENSE DEDUCTION 

10 FLOOR. 

11 (a) IN GENERAL.—Section 213(f) is amended to read 

12 as follows: 

13 ‘‘(f) TEMPORARY SPECIAL RULE.—In the case of tax14 able years beginning before January 1, 2021, subsection (a) 

15 shall be applied with respect to a taxpayer by substituting 

16 ‘7.5 percent’ for ‘10 percent’.’’. 

17 (b) ALTERNATIVE MINIMUM TAX.—Section 56(b)(1) is 

18 amended by striking subparagraph (B) and by redesig19 nating subparagraphs (C), (D), (E), and (F), as subpara20 graphs (B), (C), (D), and (E), respectively. 

21 (c) EFFECTIVE DATE.—The amendments made by this 

22 section shall apply to taxable years ending after December 

23 31, 2018. 
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1 SEC. 104. DEDUCTION OF QUALIFIED TUITION AND RE2 LATED EXPENSES. 

3 (a) IN GENERAL.—Section 222(e) is amended by strik4 ing ‘‘December 31, 2017’’ and inserting ‘‘December 31, 

5 2020’’. 

6 (b) EFFECTIVE DATE.—The amendment made by this 

7 section shall apply to taxable years beginning after Decem8 ber 31, 2017. 

9 SEC. 105. BLACK LUNG DISABILITY TRUST FUND EXCISE 

10 TAX. 

11 (a) IN GENERAL.—Section 4121(e)(2)(A) is amended 

12 by striking ‘‘December 31, 2018’’ and inserting ‘‘December 

13 31, 2020’’. 

14 (b) EFFECTIVE DATE.—The amendment made by this 

15 section shall apply on and after the first day of the first 

16 calendar month beginning after the date of the enactment 

17 of this Act. 

18 Subtitle B—Incentives for Employ19 ment, Economic Growth, and 

20 Community Development 

21 SEC. 111. INDIAN EMPLOYMENT CREDIT. 

22 (a) IN GENERAL.—Section 45A(f) is amended by strik23 ing ‘‘December 31, 2017’’ and inserting ‘‘December 31, 

24 2020’’. 
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1 (b) EFFECTIVE DATE.—The amendment made by this 

2 section shall apply to taxable years beginning after Decem3 ber 31, 2017. 

4 SEC. 112. RAILROAD TRACK MAINTENANCE CREDIT. 

5 (a) IN GENERAL.—Section 45G(f) is amended by strik6 ing ‘‘January 1, 2018’’ and inserting ‘‘January 1, 2023’’. 

7 (b) SAFE HARBOR ASSIGNMENTS.—Any assignment, 

8 including related expenditures paid or incurred, under sec9 tion 45G(b)(2) of the Internal Revenue Code of 1986 for 

10 a taxable year beginning on or after January 1, 2018, and 

11 ending before January 1, 2020, shall be treated as effective 

12 as of the close of such taxable year if made pursuant to 

13 a written agreement entered into no later than 90 days fol14 lowing the date of the enactment of this Act. 

15 (c) EFFECTIVE DATE.—The amendment made by this 

16 section shall apply to expenditures paid or incurred during 

17 taxable years beginning after December 31, 2017. 

18 SEC. 113. MINE RESCUE TEAM TRAINING CREDIT. 

19 (a) IN GENERAL.—Section 45N(e) is amended by 

20 striking ‘‘December 31, 2017’’ and inserting ‘‘December 31, 

21 2020’’. 

22 (b) EFFECTIVE DATE.—The amendment made by this 

23 section shall apply to taxable years beginning after Decem24 ber 31, 2017. 
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1 SEC. 114. CLASSIFICATION OF CERTAIN RACE HORSES AS 3- 

2 YEAR PROPERTY. 

3 (a) IN GENERAL.—Section 168(e)(3)(A)(i) is amend4 ed— 

5 (1) by striking ‘‘January 1, 2018’’ in subclause 

6 (I) and inserting ‘‘January 1, 2021’’, and 

7 (2) by striking ‘‘December 31, 2017’’ in sub8 clause (II) and inserting ‘‘December 31, 2020’’. 

9 (b) EFFECTIVE DATE.—The amendments made by this 

10 section shall apply to property placed in service after De11 cember 31, 2017. 

12 SEC. 115. 7-YEAR RECOVERY PERIOD FOR MOTORSPORTS 

13 ENTERTAINMENT COMPLEXES. 

14 (a) IN GENERAL.—Section 168(i)(15)(D) is amended 

15 by striking ‘‘December 31, 2017’’ and inserting ‘‘December 

16 31, 2020’’. 

17 (b) EFFECTIVE DATE.—The amendment made by this 

18 section shall apply to property placed in service after De19 cember 31, 2017. 

20 SEC. 116. ACCELERATED DEPRECIATION FOR BUSINESS 

21 PROPERTY ON INDIAN RESERVATIONS. 

22 (a) IN GENERAL.—Section 168(j)(9) is amended by 

23 striking ‘‘December 31, 2017’’ and inserting ‘‘December 31, 

24 2020’’. 
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1 (b) EFFECTIVE DATE.—The amendment made by this 

2 section shall apply to property placed in service after De3 cember 31, 2017. 

4 SEC. 117. EXPENSING RULES FOR CERTAIN PRODUCTIONS. 

5 (a) IN GENERAL.—Section 181(g) is amended by strik6 ing ‘‘December 31, 2017’’ and inserting ‘‘December 31, 

7 2020’’. 

8 (b) EFFECTIVE DATE.—The amendment made by this 

9 section shall apply to productions commencing after Decem10 ber 31, 2017. 

11 SEC. 118. EMPOWERMENT ZONE TAX INCENTIVES. 

12 (a) IN GENERAL.—Section 1391(d)(1)(A)(i) is amend13 ed by striking ‘‘December 31, 2017’’ and inserting ‘‘Decem14 ber 31, 2020’’. 

15 (b) TREATMENT OF CERTAIN TERMINATION DATES

16 SPECIFIED IN NOMINATIONS.—In the case of a designation 

17 of an empowerment zone the nomination for which included 

18 a termination date which is contemporaneous with the date 

19 specified in subparagraph (A)(i) of section 1391(d)(1) of 

20 the Internal Revenue Code of 1986 (as in effect before the 

21 enactment of this Act), subparagraph (B) of such section 

22 shall not apply with respect to such designation if, after 

23 the date of the enactment of this section, the entity which 

24 made such nomination amends the nomination to provide 
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•HR 1865 EAH 

1 for a new termination date in such manner as the Secretary 

2 of the Treasury (or the Secretary’s designee) may provide. 

3 (c) EFFECTIVE DATE.—The amendment made by sub4 section (a) shall apply to taxable years beginning after De5 cember 31, 2017. 

6 SEC. 119. AMERICAN SAMOA ECONOMIC DEVELOPMENT 

7 CREDIT. 

8 (a) IN GENERAL.—Section 119(d) of division A of the 

9 Tax Relief and Health Care Act of 2006 is amended— 

10 (1) by striking ‘‘January 1, 2018’’ each place it 

11 appears and inserting ‘‘January 1, 2021’’, 

12 (2) by striking ‘‘first 12 taxable years’’ in para13 graph (1) and inserting ‘‘first 15 taxable years’’, 

14 (3) by striking ‘‘first 6 taxable years’’ in para15 graph (2) and inserting ‘‘first 9 taxable years’’, and 

16 (4) by adding at the end the following flush sen17 tence: 

18 ‘‘In the case of a corporation described in subsection (a)(2), 

19 the Internal Revenue Code of 1986 shall be applied and ad20 ministered without regard to the amendments made by sec21 tion 401(d)(1) of the Tax Technical Corrections Act of 

22 2018.’’. 

23 (b) CONFORMING AMENDMENT.—Section 119(e) of di24 vision A of the Tax Relief and Health Care Act of 2006 
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•HR 1865 EAH 

1 is amended by inserting ‘‘(as in effect before its repeal)’’ 

2 after ‘‘section 199 of the Internal Revenue Code of 1986’’. 

3 (c) EFFECTIVE DATE.—The amendments made by this 

4 section shall apply to taxable years beginning after Decem5 ber 31, 2017. 

6 Subtitle C—Incentives for Energy 

7 Production, Efficiency, and 

8 Green Economy Jobs 

9 SEC. 121. BIODIESEL AND RENEWABLE DIESEL. 

10 (a) INCOME TAX CREDIT.— 

11 (1) IN GENERAL.—Section 40A(g) is amended by 

12 striking ‘‘December 31, 2017’’ and inserting ‘‘Decem13 ber 31, 2022’’. 

14 (2) EFFECTIVE DATE.—The amendment made by 

15 this subsection shall apply to fuel sold or used after 

16 December 31, 2017. 

17 (b) EXCISE TAX INCENTIVES.— 

18 (1) TERMINATION.— 

19 (A) IN GENERAL.—Section 6426(c)(6) is 

20 amended by striking ‘‘December 31, 2017’’ and 

21 inserting ‘‘December 31, 2022’’. 

22 (B) PAYMENTS.—Section 6427(e)(6)(B) is 

23 amended by striking ‘‘December 31, 2017’’ and 

24 inserting ‘‘December 31, 2022’’. 
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1 (2) EFFECTIVE DATE.—The amendments made 

2 by this subsection shall apply to fuel sold or used 

3 after December 31, 2017. 

4 (3) SPECIAL RULE.—Notwithstanding any other 

5 provision of law, in the case of any biodiesel mixture 

6 credit properly determined under section 6426(c) of 

7 the Internal Revenue Code of 1986 for the period be8 ginning on January 1, 2018, and ending with the 

9 close of the last calendar quarter beginning before the 

10 date of the enactment of this Act, such credit shall be 

11 allowed, and any refund or payment attributable to 

12 such credit (including any payment under section 

13 6427(e) of such Code) shall be made, only in such 

14 manner as the Secretary of the Treasury (or the Sec15 retary’s delegate) shall provide. Such Secretary shall 

16 issue guidance within 30 days after the date of the 

17 enactment of this Act providing for a one-time sub18 mission of claims covering periods described in the 

19 preceding sentence. Such guidance shall provide for a 

20 180-day period for the submission of such claims (in 

21 such manner as prescribed by such Secretary) to 

22 begin not later than 30 days after such guidance is 

23 issued. Such claims shall be paid by such Secretary 

24 not later than 60 days after receipt. If such Secretary 

25 has not paid pursuant to a claim filed under this 
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1 subsection within 60 days after the date of the filing 

2 of such claim, the claim shall be paid with interest 

3 from such date determined by using the overpayment 

4 rate and method under section 6621 of such Code. 

5 SEC. 122. SECOND GENERATION BIOFUEL PRODUCER CRED6 IT. 

7 (a) IN GENERAL.—Section 40(b)(6)(J)(i) is amended 

8 by striking ‘‘January 1, 2018’’ and inserting ‘‘January 1, 

9 2021’’. 

10 (b) EFFECTIVE DATE.—The amendment made by this 

11 section shall apply to qualified second generation biofuel 

12 production after December 31, 2017. 

13 SEC. 123. NONBUSINESS ENERGY PROPERTY. 

14 (a) IN GENERAL.—Section 25C(g)(2) is amended by 

15 striking ‘‘December 31, 2017’’ and inserting ‘‘December 31, 

16 2020’’. 

17 (b) TECHNICAL AMENDMENT.—Section 25C(d)(3) is 

18 amended— 

19 (1) by striking ‘‘an energy factor of at least 2.0’’ 

20 in subparagraph (A) and inserting ‘‘a Uniform En21 ergy Factor of at least 2.2’’, and 

22 (2) by striking ‘‘an energy factor’’ in subpara23 graph (D) and inserting ‘‘a Uniform Energy Factor’’. 
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1 (c) EFFECTIVE DATE.—The amendments made by this 

2 section shall apply to property placed in service after De3 cember 31, 2017. 

4 SEC. 124. QUALIFIED FUEL CELL MOTOR VEHICLES. 

5 (a) IN GENERAL.—Section 30B(k)(1) is amended by 

6 striking ‘‘December 31, 2017’’ and inserting ‘‘December 31, 

7 2020’’. 

8 (b) EFFECTIVE DATE.—The amendment made by this 

9 section shall apply to property purchased after December 

10 31, 2017. 

11 SEC. 125. ALTERNATIVE FUEL REFUELING PROPERTY CRED12 IT. 

13 (a) IN GENERAL.—Section 30C(g) is amended by 

14 striking ‘‘December 31, 2017’’ and inserting ‘‘December 31, 

15 2020’’. 

16 (b) EFFECTIVE DATE.—The amendment made by this 

17 section shall apply to property placed in service after De18 cember 31, 2017. 

19 SEC. 126. 2-WHEELED PLUG-IN ELECTRIC VEHICLE CREDIT. 

20 (a) IN GENERAL.—Section 30D(g)(3)(E)(ii) is amend21 ed by striking ‘‘January 1, 2018’’ and inserting ‘‘January 

22 1, 2021’’. 

23 (b) EFFECTIVE DATE.—The amendment made by this 

24 section shall apply to vehicles acquired after December 31, 

25 2017. 
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1 SEC. 127. CREDIT FOR ELECTRICITY PRODUCED FROM CER2 TAIN RENEWABLE RESOURCES. 

3 (a) IN GENERAL.—The following provisions of section 

4 45(d) are each amended by striking ‘‘January 1, 2018’’ 

5 each place it appears and inserting ‘‘January 1, 2021’’: 

6 (1) Paragraph (2)(A). 

7 (2) Paragraph (3)(A). 

8 (3) Paragraph (4)(B). 

9 (4) Paragraph (6). 

10 (5) Paragraph (7). 

11 (6) Paragraph (9). 

12 (7) Paragraph (11)(B). 

13 (b) EXTENSION OF ELECTION TO TREAT QUALIFIED

14 FACILITIES AS ENERGY PROPERTY.—Section 

15 48(a)(5)(C)(ii) is amended by striking ‘‘January 1, 2018 

16 (January 1, 2020, in the case of any facility which is de17 scribed in paragraph (1) of section 45(d))’’ and inserting 

18 ‘‘January 1, 2021’’. 

19 (c) APPLICATION OF EXTENSION TO WIND FACILI20 TIES.— 

21 (1) IN GENERAL.—Section 45(d)(1) is amended 

22 by striking ‘‘January 1, 2020’’ and inserting ‘‘Janu23 ary 1, 2021’’. 

24 (2) APPLICATION OF PHASEOUT PERCENTAGE.— 

25 (A) IN GENERAL.—Section 45(b)(5) is 

26 amended by striking ‘‘and’’ at the end of sub-
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1 paragraph (B), by striking the period at the end 

2 of subparagraph (C) and inserting ‘‘, and’’, and 

3 by adding at the end the following new subpara4 graph: 

5 ‘‘(D) in the case of any facility the con6 struction of which begins after December 31, 

7 2019, and before January 1, 2021, 40 percent.’’. 

8 (B) TREATMENT AS ENERGY PROPERTY.— 

9 Section 48(a)(5)(E) is amended by striking 

10 ‘‘and’’ at the end of clause (ii), by striking the 

11 period at the end of clause (iii) and inserting ‘‘, 

12 and’’, and by adding at the end the following 

13 new clause: 

14 ‘‘(iv) in the case of any facility the 

15 construction of which begins after December 

16 31, 2019, and before January 1, 2021, 40 

17 percent.’’. 

18 (d) EFFECTIVE DATE.—The amendments made by this 

19 section shall take effect on January 1, 2018. 

20 SEC. 128. PRODUCTION CREDIT FOR INDIAN COAL FACILI21 TIES. 

22 (a) IN GENERAL.—Section 45(e)(10)(A) is amended by 

23 striking ‘‘12-year period’’ each place it appears and insert24 ing ‘‘15-year period’’. 
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1 (b) EFFECTIVE DATE.—The amendment made by this 

2 section shall apply to coal produced after December 31, 

3 2017. 

4 SEC. 129. ENERGY EFFICIENT HOMES CREDIT. 

5 (a) IN GENERAL.—Section 45L(g) is amended by 

6 striking ‘‘December 31, 2017’’ and inserting ‘‘December 31, 

7 2020’’. 

8 (b) EFFECTIVE DATE.—The amendment made by this 

9 section shall apply to homes acquired after December 31, 

10 2017. 

11 SEC. 130. SPECIAL ALLOWANCE FOR SECOND GENERATION 

12 BIOFUEL PLANT PROPERTY. 

13 (a) IN GENERAL.—Section 168(l)(2)(D) is amended by 

14 striking ‘‘January 1, 2018’’ and inserting ‘‘January 1, 

15 2021’’. 

16 (b) EFFECTIVE DATE.—The amendment made by this 

17 section shall apply to property placed in service after De18 cember 31, 2017. 

19 SEC. 131. ENERGY EFFICIENT COMMERCIAL BUILDINGS DE20 DUCTION. 

21 (a) IN GENERAL.—Section 179D(h) is amended by 

22 striking ‘‘December 31, 2017’’ and inserting ‘‘December 31, 

23 2020’’. 
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1 (b) EFFECTIVE DATES.—The amendment made by 

2 subsection (a) shall apply to property placed in service after 

3 December 31, 2017. 

4 SEC. 132. SPECIAL RULE FOR SALES OR DISPOSITIONS TO 

5 IMPLEMENT FERC OR STATE ELECTRIC RE6 STRUCTURING POLICY FOR QUALIFIED ELEC7 TRIC UTILITIES. 

8 (a) IN GENERAL.—Section 451(k)(3) is amended by 

9 striking ‘‘January 1, 2018’’ and inserting ‘‘January 1, 

10 2021’’. 

11 (b) EFFECTIVE DATE.—The amendment made by this 

12 section shall apply to dispositions after December 31, 2017. 

13 SEC. 133. EXTENSION AND CLARIFICATION OF EXCISE TAX 

14 CREDITS RELATING TO ALTERNATIVE FUELS. 

15 (a) EXTENSION.— 

16 (1) IN GENERAL.—Sections 6426(d)(5) and 

17 6426(e)(3) are each amended by striking ‘‘December 

18 31, 2017’’ and inserting ‘‘December 31, 2020’’. 

19 (2) OUTLAY PAYMENTS FOR ALTERNATIVE

20 FUELS.—Section 6427(e)(6)(C) is amended by strik21 ing ‘‘December 31, 2017’’ and inserting ‘‘December 

22 31, 2020’’. 

23 (3) SPECIAL RULE.—Notwithstanding any other 

24 provision of law, in the case of any alternative fuel 

25 credit properly determined under section 6426(d) of 
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1 the Internal Revenue Code of 1986 for the period be2 ginning on January 1, 2018, and ending with the 

3 close of the last calendar quarter beginning before the 

4 date of the enactment of this Act, such credit shall be 

5 allowed, and any refund or payment attributable to 

6 such credit (including any payment under section 

7 6427(e) of such Code) shall be made, only in such 

8 manner as the Secretary of the Treasury (or the Sec9 retary’s delegate) shall provide. Such Secretary shall 

10 issue guidance within 30 days after the date of the 

11 enactment of this Act providing for a one-time sub12 mission of claims covering periods described in the 

13 preceding sentence. Such guidance shall provide for a 

14 180-day period for the submission of such claims (in 

15 such manner as prescribed by such Secretary) to 

16 begin not later than 30 days after such guidance is 

17 issued. Such claims shall be paid by such Secretary 

18 not later than 60 days after receipt. If such Secretary 

19 has not paid pursuant to a claim filed under this 

20 subsection within 60 days after the date of the filing 

21 of such claim, the claim shall be paid with interest 

22 from such date determined by using the overpayment 

23 rate and method under section 6621 of such Code. 
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1 (4) EFFECTIVE DATE.—The amendments made 

2 by this subsection shall apply to fuel sold or used 

3 after December 31, 2017. 

4 (b) CLARIFICATION OF RULES REGARDING ALTER5 NATIVE FUEL MIXTURE CREDIT.— 

6 (1) IN GENERAL.—Paragraph (2) of section 

7 6426(e) is amended by striking ‘‘mixture of alter8 native fuel’’ and inserting ‘‘mixture of alternative fuel 

9 (other than a fuel described in subparagraph (A), (C), 

10 or (F) of subsection (d)(2))’’. 

11 (2) EFFECTIVE DATE.—The amendment made by 

12 this subsection shall apply to— 

13 (A) fuel sold or used on or after the date of 

14 the enactment of this Act, and 

15 (B) fuel sold or used before such date of en16 actment, but only to the extent that claims for 

17 the credit under section 6426(e) of the Internal 

18 Revenue Code of 1986 with respect to such sale 

19 or use— 

20 (i) have not been paid or allowed as of 

21 such date, and 

22 (ii) were made on or after January 8, 

23 2018. 

24 (3) NO INFERENCE.—Nothing contained in this 

25 subsection or the amendments made by this subsection 
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1 shall be construed to create any inference as to a 

2 change in law or guidance in effect prior to enact3 ment of this subsection. 

4 SEC. 134. OIL SPILL LIABILITY TRUST FUND RATE. 

5 (a) IN GENERAL.—Section 4611(f)(2) is amended by 

6 striking ‘‘December 31, 2018’’ and inserting ‘‘December 31, 

7 2020’’. 

8 (b) EFFECTIVE DATE.—The amendment made by this 

9 section shall apply on and after the first day of the first 

10 calendar month beginning after the date of the enactment 

11 of this Act. 

12 Subtitle D—Certain Provisions 

13 Expiring at the End of 2019 

14 SEC. 141. NEW MARKETS TAX CREDIT. 

15 (a) IN GENERAL.—Section 45D(f)(1) is amended by 

16 striking ‘‘and’’ at the end of subparagraph (F), by striking 

17 the period at the end of subparagraph (G) and inserting 

18 ‘‘, and’’, and by adding at the end the following new sub19 paragraph: 

20 ‘‘(H) $5,000,000,000 for 2020.’’. 

21 (b) CARRYOVER OF UNUSED LIMITATION.—Section 

22 45D(f)(3) is amended by striking ‘‘2024’’ and inserting 

23 ‘‘2025’’. 
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1 (c) EFFECTIVE DATE.—The amendments made by this 

2 section shall apply to calendar years beginning after De3 cember 31, 2019. 

4 SEC. 142. EMPLOYER CREDIT FOR PAID FAMILY AND MED5 ICAL LEAVE. 

6 (a) IN GENERAL.—Section 45S(i) is amended by strik7 ing ‘‘December 31, 2019’’ and inserting ‘‘December 31, 

8 2020’’. 

9 (b) EFFECTIVE DATE.—The amendment made by this 

10 section shall apply to wages paid in taxable years begin11 ning after December 31, 2019. 

12 SEC. 143. WORK OPPORTUNITY CREDIT. 

13 (a) IN GENERAL.—Section 51(c)(4) is amended by 

14 striking ‘‘December 31, 2019’’ and inserting ‘‘December 31, 

15 2020’’. 

16 (b) EFFECTIVE DATE.—The amendment made by this 

17 section shall apply to individuals who begin work for the 

18 employer after December 31, 2019. 

19 SEC. 144. CERTAIN PROVISIONS RELATED TO BEER, WINE, 

20 AND DISTILLED SPIRITS. 

21 (a) EXEMPTION FOR AGING PROCESS OF BEER, WINE, 

22 AND DISTILLED SPIRITS.— 

23 (1) IN GENERAL.—Section 263A(f)(4)(B) is 

24 amended by striking ‘‘December 31, 2019’’ and insert25 ing ‘‘December 31, 2020’’. 
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1 (2) EFFECTIVE DATE.—The amendment made by 

2 this subsection shall apply to interest costs paid or 

3 accrued after December 31, 2019. 

4 (b) REDUCED RATE OF EXCISE TAX ON BEER.— 

5 (1) IN GENERAL.—Paragraphs (1)(C) and (2)(A) 

6 of section 5051(a) are each amended by striking 

7 ‘‘January 1, 2020’’ and inserting ‘‘January 1, 2021’’. 

8 (2) EFFECTIVE DATE.—The amendments made 

9 by this subsection shall apply to beer removed after 

10 December 31, 2019. 

11 (c) TRANSFER OF BEER BETWEEN BONDED FACILI12 TIES.— 

13 (1) IN GENERAL.—Section 5414(b)(3) is amend14 ed by striking ‘‘December 31, 2019’’ and inserting 

15 ‘‘December 31, 2020’’. 

16 (2) EFFECTIVE DATE.—The amendment made by 

17 this subsection shall apply to calendar quarters begin18 ning after December 31, 2019. 

19 (d) REDUCED RATE OF EXCISE TAX ON CERTAIN

20 WINE.— 

21 (1) IN GENERAL.—Section 5041(c)(8)(A) is 

22 amended by striking ‘‘January 1, 2020’’ and insert23 ing ‘‘January 1, 2021’’. 

24 (2) CONFORMING AMENDMENT.—The heading of 

25 section 5041(c)(8) is amended by striking ‘‘SPECIAL
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1 RULE FOR 2018 AND 2019’’ and inserting ‘‘TEM2 PORARY SPECIAL RULE’’. 

3 (3) EFFECTIVE DATE.—The amendments made 

4 by this subsection shall apply to wine removed after 

5 December 31, 2019. 

6 (e) ADJUSTMENT OF ALCOHOL CONTENT LEVEL FOR

7 APPLICATION OF EXCISE TAXES.— 

8 (1) IN GENERAL.—Paragraphs (1) and (2) of 

9 section 5041(b) are each amended by striking ‘‘Janu10 ary 1, 2020’’ and inserting ‘‘January 1, 2021’’. 

11 (2) EFFECTIVE DATE.—The amendments made 

12 by this subsection shall apply to wine removed after 

13 December 31, 2019. 

14 (f) DEFINITION OF MEAD AND LOW ALCOHOL BY VOL15 UME WINE.— 

16 (1) IN GENERAL.—Section 5041(h)(3) is amend17 ed by striking ‘‘December 31, 2019’’ and inserting 

18 ‘‘December 31, 2020’’. 

19 (2) EFFECTIVE DATE.—The amendment made by 

20 this subsection shall apply to wine removed after De21 cember 31, 2019. 

22 (g) REDUCED RATE OF EXCISE TAX ON CERTAIN DIS23 TILLED SPIRITS.— 
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1 (1) IN GENERAL.—Section 5001(c)(4) is amend2 ed by striking ‘‘December 31, 2019’’ and inserting 

3 ‘‘December 31, 2020’’. 

4 (2) CONFORMING AMENDMENT.—The heading of 

5 section 5001(c) is amended by striking ‘‘REDUCED

6 RATE FOR 2018 AND 2019’’ and inserting ‘‘TEM7 PORARY REDUCED RATE’’. 

8 (3) EFFECTIVE DATE.—The amendments made 

9 by this subsection shall apply to distilled spirits re10 moved after December 31, 2019. 

11 (h) BULK DISTILLED SPIRITS.— 

12 (1) IN GENERAL.—Section 5212 is amended by 

13 striking ‘‘January 1, 2020’’ and inserting ‘‘January 

14 1, 2021’’. 

15 (2) EFFECTIVE DATE.—The amendment made by 

16 this subsection shall apply to distilled spirits trans17 ferred in bond after December 31, 2019. 

18 (i) SIMPLIFICATION OF RULES REGARDING RECORDS, 

19 STATEMENTS, AND RETURNS.— 

20 (1) IN GENERAL.—Section 5555(a) is amended 

21 by striking ‘‘January 1, 2020’’ and inserting ‘‘Janu22 ary 1, 2021’’. 

23 (2) EFFECTIVE DATE.—The amendment made by 

24 this subsection shall apply to calendar quarters begin25 ning after December 31, 2019. 
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1 (j) TECHNICAL CORRECTION.— 

2 (1) IN GENERAL.—Section 5041(c)(8) is amend3 ed by adding at the end the following new subpara4 graph: 

5 ‘‘(C) APPLICATION OF CERTAIN RULES.— 

6 Paragraphs (3) and (6) shall be applied by sub7 stituting ‘paragraph (1) or (8)’ for ‘paragraph 

8 (1)’ each place it appears therein.’’. 

9 (2) EFFECTIVE DATE.—The amendment made by 

10 this subsection shall take effect as if included in sec11 tion 13804 of Public Law 115-97. 

12 SEC. 145. LOOK-THRU RULE FOR RELATED CONTROLLED 

13 FOREIGN CORPORATIONS. 

14 (a) IN GENERAL.—Section 954(c)(6)(C) is amended by 

15 striking ‘‘January 1, 2020’’ and inserting ‘‘January 1, 

16 2021’’. 

17 (b) EFFECTIVE DATE.—The amendment made by this 

18 section shall apply to taxable years of foreign corporations 

19 beginning after December 31, 2019, and to taxable years 

20 of United States shareholders with or within which such 

21 taxable years of foreign corporations end. 
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1 SEC. 146. CREDIT FOR HEALTH INSURANCE COSTS OF ELI2 GIBLE INDIVIDUALS. 

3 (a) IN GENERAL.—Section 35(b)(1)(B) is amended by 

4 striking ‘‘January 1, 2020’’ and inserting ‘‘January 1, 

5 2021’’. 

6 (b) EFFECTIVE DATE.—The amendment made by this 

7 section shall apply to months beginning after December 31, 

8 2019. 

9 TITLE II—DISASTER TAX RELIEF 

10 SEC. 201. DEFINITIONS. 

11 For purposes of this title— 

12 (1) QUALIFIED DISASTER AREA.— 

13 (A) IN GENERAL.—The term ‘‘qualified dis14 aster area’’ means any area with respect to 

15 which a major disaster was declared, during the 

16 period beginning on January 1, 2018, and end17 ing on the date which is 60 days after the date 

18 of the enactment of this Act, by the President 

19 under section 401 of the Robert T. Stafford Dis20 aster Relief and Emergency Assistance Act if the 

21 incident period of the disaster with respect to 

22 which such declaration is made begins on or be23 fore the date of the enactment of this Act. 

24 (B) DENIAL OF DOUBLE BENEFIT.—Such 

25 term shall not include the California wildfire 

26 disaster area (as defined in section 20101 of sub-
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•HR 1865 EAH 

1 division 2 of division B of the Bipartisan Budg2 et Act of 2018). 

3 (2) QUALIFIED DISASTER ZONE.—The term 

4 ‘‘qualified disaster zone’’ means that portion of any 

5 qualified disaster area which was determined by the 

6 President, during the period beginning on January 1, 

7 2018, and ending on the date which is 60 days after 

8 the date of the enactment of this Act, to warrant indi9 vidual or individual and public assistance from the 

10 Federal Government under the Robert T. Stafford 

11 Disaster Relief and Emergency Assistance Act by rea12 son of the qualified disaster with respect to such dis13 aster area. 

14 (3) QUALIFIED DISASTER.—The term ‘‘qualified 

15 disaster’’ means, with respect to any qualified dis16 aster area, the disaster by reason of which a major 

17 disaster was declared with respect to such area. 

18 (4) INCIDENT PERIOD.—The term ‘‘incident pe19 riod’’ means, with respect to any qualified disaster, 

20 the period specified by the Federal Emergency Man21 agement Agency as the period during which such dis22 aster occurred (except that for purposes of this title 

23 such period shall not be treated as beginning before 

24 January 1, 2018, or ending after the date which is 

25 30 days after the date of the enactment of this Act). 
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1 SEC. 202. SPECIAL DISASTER-RELATED RULES FOR USE OF 

2 RETIREMENT FUNDS. 

3 (a) TAX-FAVORED WITHDRAWALS FROM RETIREMENT

4 PLANS.— 

5 (1) IN GENERAL.—Section 72(t) of the Internal 

6 Revenue Code of 1986 shall not apply to any quali7 fied disaster distribution. 

8 (2) AGGREGATE DOLLAR LIMITATION.— 

9 (A) IN GENERAL.—For purposes of this sub10 section, the aggregate amount of distributions re11 ceived by an individual which may be treated as 

12 qualified disaster distributions for any taxable 

13 year shall not exceed the excess (if any) of— 

14 (i) $100,000, over 

15 (ii) the aggregate amounts treated as 

16 qualified disaster distributions received by 

17 such individual for all prior taxable years. 

18 (B) TREATMENT OF PLAN DISTRIBU19 TIONS.—If a distribution to an individual would 

20 (without regard to subparagraph (A)) be a quali21 fied disaster distribution, a plan shall not be 

22 treated as violating any requirement of the In23 ternal Revenue Code of 1986 merely because the 

24 plan treats such distribution as a qualified dis25 aster distribution, unless the aggregate amount 

26 of such distributions from all plans maintained 
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•HR 1865 EAH 

1 by the employer (and any member of any con2 trolled group which includes the employer) to 

3 such individual exceeds $100,000. 

4 (C) CONTROLLED GROUP.—For purposes of 

5 subparagraph (B), the term ‘‘controlled group’’ 

6 means any group treated as a single employer 

7 under subsection (b), (c), (m), or (o) of section 

8 414 of the Internal Revenue Code of 1986. 

9 (D) SPECIAL RULE FOR INDIVIDUALS AF10 FECTED BY MORE THAN ONE DISASTER.—The 

11 limitation of subparagraph (A) shall be applied 

12 separately with respect to distributions made 

13 with respect to each qualified disaster. 

14 (3) AMOUNT DISTRIBUTED MAY BE REPAID.— 

15 (A) IN GENERAL.—Any individual who re16 ceives a qualified disaster distribution may, at 

17 any time during the 3-year period beginning on 

18 the day after the date on which such distribution 

19 was received, make 1 or more contributions in 

20 an aggregate amount not to exceed the amount 

21 of such distribution to an eligible retirement 

22 plan of which such individual is a beneficiary 

23 and to which a rollover contribution of such dis24 tribution could be made under section 402(c), 

25 403(a)(4), 403(b)(8), 408(d)(3), or 457(e)(16), of 
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•HR 1865 EAH 

1 the Internal Revenue Code of 1986, as the case 

2 may be. 

3 (B) TREATMENT OF REPAYMENTS OF DIS4 TRIBUTIONS FROM ELIGIBLE RETIREMENT PLANS

5 OTHER THAN IRAS.—For purposes of the Inter6 nal Revenue Code of 1986, if a contribution is 

7 made pursuant to subparagraph (A) with respect 

8 to a qualified disaster distribution from an eligi9 ble retirement plan other than an individual re10 tirement plan, then the taxpayer shall, to the ex11 tent of the amount of the contribution, be treated 

12 as having received the qualified disaster distribu13 tion in an eligible rollover distribution (as de14 fined in section 402(c)(4) of such Code) and as 

15 having transferred the amount to the eligible re16 tirement plan in a direct trustee to trustee trans17 fer within 60 days of the distribution. 

18 (C) TREATMENT OF REPAYMENTS OF DIS19 TRIBUTIONS FROM IRAS.—For purposes of the 

20 Internal Revenue Code of 1986, if a contribution 

21 is made pursuant to subparagraph (A) with re22 spect to a qualified disaster distribution from an 

23 individual retirement plan (as defined by section 

24 7701(a)(37) of such Code), then, to the extent of 

25 the amount of the contribution, the qualified dis-
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•HR 1865 EAH 

1 aster distribution shall be treated as a distribu2 tion described in section 408(d)(3) of such Code 

3 and as having been transferred to the eligible re4 tirement plan in a direct trustee to trustee trans5 fer within 60 days of the distribution. 

6 (4) DEFINITIONS.—For purposes of this sub7 section— 

8 (A) QUALIFIED DISASTER DISTRIBUTION.— 

9 Except as provided in paragraph (2), the term 

10 ‘‘qualified disaster distribution’’ means any dis11 tribution from an eligible retirement plan 

12 made— 

13 (i) on or after the first day of the inci14 dent period of a qualified disaster and be15 fore the date which is 180 days after the 

16 date of the enactment of this Act, and 

17 (ii) to an individual whose principal 

18 place of abode at any time during the inci19 dent period of such qualified disaster is lo20 cated in the qualified disaster area with re21 spect to such qualified disaster and who has 

22 sustained an economic loss by reason of 

23 such qualified disaster. 

24 (B) ELIGIBLE RETIREMENT PLAN.—The 

25 term ‘‘eligible retirement plan’’ shall have the 
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•HR 1865 EAH 

1 meaning given such term by section 402(c)(8)(B) 

2 of the Internal Revenue Code of 1986. 

3 (5) INCOME INCLUSION SPREAD OVER 3-YEAR PE4 RIOD.— 

5 (A) IN GENERAL.—In the case of any quali6 fied disaster distribution, unless the taxpayer 

7 elects not to have this paragraph apply for any 

8 taxable year, any amount required to be in9 cluded in gross income for such taxable year 

10 shall be so included ratably over the 3-taxable11 year period beginning with such taxable year. 

12 (B) SPECIAL RULE.—For purposes of sub13 paragraph (A), rules similar to the rules of sub14 paragraph (E) of section 408A(d)(3) of the Inter15 nal Revenue Code of 1986 shall apply. 

16 (6) SPECIAL RULES.— 

17 (A) EXEMPTION OF DISTRIBUTIONS FROM

18 TRUSTEE TO TRUSTEE TRANSFER AND WITH19 HOLDING RULES.—For purposes of sections 

20 401(a)(31), 402(f), and 3405 of the Internal Rev21 enue Code of 1986, qualified disaster distribu22 tions shall not be treated as eligible rollover dis23 tributions. 

24 (B) QUALIFIED DISASTER DISTRIBUTIONS

25 TREATED AS MEETING PLAN DISTRIBUTION RE-
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•HR 1865 EAH 

1 QUIREMENTS.—For purposes the Internal Rev2 enue Code of 1986, a qualified disaster distribu3 tion shall be treated as meeting the requirements 

4 of sections 401(k)(2)(B)(i), 403(b)(7)(A)(ii), 

5 403(b)(11), and 457(d)(1)(A) of such Code. 

6 (b) RECONTRIBUTIONS OF WITHDRAWALS FOR HOME

7 PURCHASES.— 

8 (1) RECONTRIBUTIONS.— 

9 (A) IN GENERAL.—Any individual who re10 ceived a qualified distribution may, during the 

11 applicable period, make 1 or more contributions 

12 in an aggregate amount not to exceed the 

13 amount of such qualified distribution to an eligi14 ble retirement plan (as defined in section 

15 402(c)(8)(B) of the Internal Revenue Code of 

16 1986) of which such individual is a beneficiary 

17 and to which a rollover contribution of such dis18 tribution could be made under section 402(c), 

19 403(a)(4), 403(b)(8), or 408(d)(3), of such Code, 

20 as the case may be. 

21 (B) TREATMENT OF REPAYMENTS.—Rules 

22 similar to the rules of subparagraphs (B) and 

23 (C) of subsection (a)(3) shall apply for purposes 

24 of this subsection. 
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•HR 1865 EAH 

1 (2) QUALIFIED DISTRIBUTION.—For purposes of 

2 this subsection, the term ‘‘qualified distribution’’ 

3 means any distribution— 

4 (A) described in section 401(k)(2)(B)(i)(IV), 

5 403(b)(7)(A)(ii) (but only to the extent such dis6 tribution relates to financial hardship), 

7 403(b)(11)(B), or 72(t)(2)(F), of the Internal 

8 Revenue Code of 1986, 

9 (B) which was to be used to purchase or 

10 construct a principal residence in a qualified 

11 disaster area, but which was not so used on ac12 count of the qualified disaster with respect to 

13 such area, and 

14 (C) which was received during the period 

15 beginning on the date which is 180 days before 

16 the first day of the incident period of such quali17 fied disaster and ending on the date which is 30 

18 days after the last day of such incident period. 

19 (3) APPLICABLE PERIOD.—For purposes of this 

20 subsection, the term ‘‘applicable period’’ means, in the 

21 case of a principal residence in a qualified disaster 

22 area with respect to any qualified disaster, the period 

23 beginning on the first day of the incident period of 

24 such qualified disaster and ending on the date which 

25 is 180 days after the date of the enactment of this Act. 
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1 (c) LOANS FROM QUALIFIED PLANS.— 

2 (1) INCREASE IN LIMIT ON LOANS NOT TREATED

3 AS DISTRIBUTIONS.—In the case of any loan from a 

4 qualified employer plan (as defined under section 

5 72(p)(4) of the Internal Revenue Code of 1986) to a 

6 qualified individual made during the 180-day period 

7 beginning on the date of the enactment of this Act— 

8 (A) clause (i) of section 72(p)(2)(A) of such 

9 Code shall be applied by substituting ‘‘$100,000’’ 

10 for ‘‘$50,000’’, and 

11 (B) clause (ii) of such section shall be ap12 plied by substituting ‘‘the present value of the 

13 nonforfeitable accrued benefit of the employee 

14 under the plan’’ for ‘‘one-half of the present 

15 value of the nonforfeitable accrued benefit of the 

16 employee under the plan’’. 

17 (2) DELAY OF REPAYMENT.—In the case of a 

18 qualified individual (with respect to any qualified 

19 disaster) with an outstanding loan (on or after the 

20 first day of the incident period of such qualified dis21 aster) from a qualified employer plan (as defined in 

22 section 72(p)(4) of the Internal Revenue Code of 

23 1986)— 

24 (A) if the due date pursuant to subpara25 graph (B) or (C) of section 72(p)(2) of such Code 
1748 

•HR 1865 EAH 

1 for any repayment with respect to such loan oc2 curs during the period beginning on the first day 

3 of the incident period of such qualified disaster 

4 and ending on the date which is 180 days after 

5 the last day of such incident period, such due 

6 date shall be delayed for 1 year (or, if later, 

7 until the date which is 180 days after the date 

8 of the enactment of this Act), 

9 (B) any subsequent repayments with respect 

10 to any such loan shall be appropriately adjusted 

11 to reflect the delay in the due date under sub12 paragraph (A) and any interest accruing during 

13 such delay, and 

14 (C) in determining the 5-year period and 

15 the term of a loan under subparagraph (B) or 

16 (C) of section 72(p)(2) of such Code, the period 

17 described in subparagraph (A) of this paragraph 

18 shall be disregarded. 

19 (3) QUALIFIED INDIVIDUAL.—For purposes of 

20 this subsection, the term ‘‘qualified individual’’ means 

21 any individual— 

22 (A) whose principal place of abode at any 

23 time during the incident period of any qualified 

24 disaster is located in the qualified disaster area 

25 with respect to such qualified disaster, and 
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•HR 1865 EAH 

1 (B) who has sustained an economic loss by 

2 reason of such qualified disaster. 

3 (d) PROVISIONS RELATING TO PLAN AMENDMENTS.— 

4 (1) IN GENERAL.—If this subsection applies to 

5 any amendment to any plan or annuity contract, 

6 such plan or contract shall be treated as being oper7 ated in accordance with the terms of the plan during 

8 the period described in paragraph (2)(B)(i). 

9 (2) AMENDMENTS TO WHICH SUBSECTION AP10 PLIES.— 

11 (A) IN GENERAL.—This subsection shall 

12 apply to any amendment to any plan or annu13 ity contract which is made— 

14 (i) pursuant to any provision of this 

15 section, or pursuant to any regulation 

16 issued by the Secretary or the Secretary of 

17 Labor under any provision of this section, 

18 and 

19 (ii) on or before the last day of the first 

20 plan year beginning on or after January 1, 

21 2020, or such later date as the Secretary 

22 may prescribe. 

23 In the case of a governmental plan (as defined 

24 in section 414(d) of the Internal Revenue Code 

25 of 1986), clause (ii) shall be applied by sub-
1750 

•HR 1865 EAH 

1 stituting the date which is 2 years after the date 

2 otherwise applied under clause (ii). 

3 (B) CONDITIONS.—This subsection shall not 

4 apply to any amendment unless— 

5 (i) during the period— 

6 (I) beginning on the date that this 

7 section or the regulation described in 

8 subparagraph (A)(i) takes effect (or in 

9 the case of a plan or contract amend10 ment not required by this section or 

11 such regulation, the effective date speci12 fied by the plan), and 

13 (II) ending on the date described 

14 in subparagraph (A)(ii) (or, if earlier, 

15 the date the plan or contract amend16 ment is adopted), 

17 the plan or contract is operated as if such plan 

18 or contract amendment were in effect, and 

19 (ii) such plan or contract amendment 

20 applies retroactively for such period. 

21 SEC. 203. EMPLOYEE RETENTION CREDIT FOR EMPLOYERS 

22 AFFECTED BY QUALIFIED DISASTERS. 

23 (a) IN GENERAL.—For purposes of section 38 of the 

24 Internal Revenue Code of 1986, in the case of an eligible 

25 employer, the 2018 through 2019 qualified disaster em-
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•HR 1865 EAH 

1 ployee retention credit shall be treated as a credit listed at 

2 the end of subsection (b) of such section. For purposes of 

3 this subsection, the 2018 through 2019 qualified disaster 

4 employee retention credit for any taxable year is an amount 

5 equal to 40 percent of the qualified wages with respect to 

6 each eligible employee of such employer for such taxable 

7 year. The amount of qualified wages with respect to any 

8 employee which may be taken into account under this sub9 section by the employer for any taxable year shall not exceed 

10 $6,000 (reduced by the amount of qualified wages with re11 spect to such employee which may be so taken into account 

12 for any prior taxable year). 

13 (b) DEFINITIONS.—For purposes of this section— 

14 (1) ELIGIBLE EMPLOYER.—The term ‘‘eligible 

15 employer’’ means any employer— 

16 (A) which conducted an active trade or 

17 business in a qualified disaster zone at any time 

18 during the incident period of the qualified dis19 aster with respect to such qualified disaster zone, 

20 and 

21 (B) with respect to whom the trade or busi22 ness described in subparagraph (A) is inoperable 

23 at any time during the period beginning on the 

24 first day of the incident period of such qualified 

25 disaster and ending on the date of the enactment 
1752 

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1 of this Act, as a result of damage sustained by 

2 reason of such qualified disaster. 

3 (2) ELIGIBLE EMPLOYEE.—The term ‘‘eligible 

4 employee’’ means with respect to an eligible employer 

5 an employee whose principal place of employment 

6 with such eligible employer (determined immediately 

7 before the qualified disaster referred to in paragraph 

8 (1)) was in the qualified disaster zone referred to in 

9 such paragraph. 

10 (3) QUALIFIED WAGES.—The term ‘‘qualified 

11 wages’’ means wages (as defined in section 51(c)(1) of 

12 the Internal Revenue Code of 1986, but without re13 gard to section 3306(b)(2)(B) of such Code) paid or 

14 incurred by an eligible employer with respect to an 

15 eligible employee at any time on or after the date on 

16 which the trade or business described in paragraph 

17 (1) first became inoperable at the principal place of 

18 employment of the employee (determined immediately 

19 before the qualified disaster referred to in such para20 graph) and before the earlier of— 

21 (A) the date on which such trade or business 

22 has resumed significant operations at such prin23 cipal place of employment, or 
1753 

•HR 1865 EAH 

1 (B) the date which 150 days after the last 

2 day of the incident period of the qualified dis3 aster referred to in paragraph (1). 

4 Such term shall include wages paid without regard to 

5 whether the employee performs no services, performs 

6 services at a different place of employment than such 

7 principal place of employment, or performs services 

8 at such principal place of employment before signifi9 cant operations have resumed. 

10 (c) CERTAIN RULES TO APPLY.—For purposes of this 

11 section, rules similar to the rules of sections 51(i)(1), 52, 

12 and 280C(a), of the Internal Revenue Code of 1986, shall 

13 apply. 

14 (d) EMPLOYEE NOT TAKEN INTO ACCOUNT MORE

15 THAN ONCE.—An employee shall not be treated as an eligi16 ble employee for purposes of this section for any period with 

17 respect to any employer if such employer is allowed a credit 

18 under section 51 of the Internal Revenue Code of 1986 with 

19 respect to such employee for such period. 

20 SEC. 204. OTHER DISASTER-RELATED TAX RELIEF PROVI21 SIONS. 

22 (a) TEMPORARY INCREASE IN LIMITATION ON QUALI23 FIED CONTRIBUTIONS.— 

24 (1) SUSPENSION OF CURRENT LIMITATION.—Ex25 cept as otherwise provided in paragraph (2), qualified 
1754 

•HR 1865 EAH 

1 contributions shall be disregarded in applying sub2 sections (b) and (d) of section 170 of the Internal 

3 Revenue Code of 1986. 

4 (2) APPLICATION OF INCREASED LIMITATION.— 

5 For purposes of section 170 of the Internal Revenue 

6 Code of 1986— 

7 (A) INDIVIDUALS.—In the case of an indi8 vidual— 

9 (i) LIMITATION.—Any qualified con10 tribution shall be allowed as a deduction 

11 only to the extent that the aggregate of such 

12 contributions does not exceed the excess of 

13 the taxpayer’s contribution base (as defined 

14 in subparagraph (H) of section 170(b)(1) of 

15 such Code) over the amount of all other 

16 charitable contributions allowed under sec17 tion 170(b)(1) of such Code. 

18 (ii) CARRYOVER.—If the aggregate 

19 amount of qualified contributions made in 

20 the contribution year (within the meaning 

21 of section 170(d)(1) of such Code) exceeds 

22 the limitation of clause (i), such excess shall 

23 be added to the excess described in section 

24 170(b)(1)(G)(ii). 
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1 (B) CORPORATIONS.—In the case of a cor2 poration— 

3 (i) LIMITATION.—Any qualified con4 tribution shall be allowed as a deduction 

5 only to the extent that the aggregate of such 

6 contributions does not exceed the excess of 

7 the taxpayer’s taxable income (as deter8 mined under paragraph (2) of section 

9 170(b) of such Code) over the amount of all 

10 other charitable contributions allowed under 

11 such paragraph. 

12 (ii) CARRYOVER.—If the aggregate 

13 amount of qualified contributions made in 

14 the contribution year (within the meaning 

15 of section 170(d)(2) of such Code) exceeds 

16 the limitation of clause (i), such excess shall 

17 be appropriately taken into account under 

18 section 170(d)(2) subject to the limitations 

19 thereof. 

20 (3) QUALIFIED CONTRIBUTIONS.— 

21 (A) IN GENERAL.—For purposes of this sub22 section, the term ‘‘qualified contribution’’ means 

23 any charitable contribution (as defined in sec24 tion 170(c) of the Internal Revenue Code of 

25 1986) if— 
1756 

•HR 1865 EAH 

1 (i) such contribution— 

2 (I) is paid, during the period be3 ginning on January 1, 2018, and end4 ing on the date which is 60 days after 

5 the date of the enactment of this Act, 

6 in cash to an organization described in 

7 section 170(b)(1)(A) of such Code, and 

8 (II) is made for relief efforts in 

9 one or more qualified disaster areas, 

10 (ii) the taxpayer obtains from such or11 ganization contemporaneous written ac12 knowledgment (within the meaning of sec13 tion 170(f)(8) of such Code) that such con14 tribution was used (or is to be used) for re15 lief efforts described in clause (i)(II), and 

16 (iii) the taxpayer has elected the appli17 cation of this subsection with respect to such 

18 contribution. 

19 (B) EXCEPTION.—Such term shall not in20 clude a contribution by a donor if the contribu21 tion is— 

22 (i) to an organization described in sec23 tion 509(a)(3) of the Internal Revenue Code 

24 of 1986, or 
1757 

•HR 1865 EAH 

1 (ii) for the establishment of a new, or 

2 maintenance of an existing, donor advised 

3 fund (as defined in section 4966(d)(2) of 

4 such Code). 

5 (C) APPLICATION OF ELECTION TO PART6 NERSHIPS AND S CORPORATIONS.—In the case of 

7 a partnership or S corporation, the election 

8 under subparagraph (A)(iii) shall be made sepa9 rately by each partner or shareholder. 

10 (b) SPECIAL RULES FOR QUALIFIED DISASTER-RE11 LATED PERSONAL CASUALTY LOSSES.— 

12 (1) IN GENERAL.—If an individual has a net 

13 disaster loss for any taxable year— 

14 (A) the amount determined under section 

15 165(h)(2)(A)(ii) of the Internal Revenue Code of 

16 1986 shall be equal to the sum of— 

17 (i) such net disaster loss, and 

18 (ii) so much of the excess referred to in 

19 the matter preceding clause (i) of section 

20 165(h)(2)(A) of such Code (reduced by the 

21 amount in clause (i) of this subparagraph) 

22 as exceeds 10 percent of the adjusted gross 

23 income of the individual, 

24 (B) section 165(h)(1) of such Code shall be 

25 applied by substituting ‘‘$500’’ for ‘‘$500 ($100 
1758 

•HR 1865 EAH 

1 for taxable years beginning after December 31, 

2 2009)’’, 

3 (C) the standard deduction determined 

4 under section 63(c) of such Code shall be in5 creased by the net disaster loss, and 

6 (D) section 56(b)(1)(E) of such Code (sec7 tion 56(b)(1)(D) of such Code in the case of tax8 able years ending after December 31, 2018) shall 

9 not apply to so much of the standard deduction 

10 as is attributable to the increase under subpara11 graph (C) of this paragraph. 

12 (2) NET DISASTER LOSS.—For purposes of this 

13 subsection, the term ‘‘net disaster loss’’ means the ex14 cess of qualified disaster-related personal casualty 

15 losses over personal casualty gains (as defined in sec16 tion 165(h)(3)(A) of the Internal Revenue Code of 

17 1986). 

18 (3) QUALIFIED DISASTER-RELATED PERSONAL

19 CASUALTY LOSSES.—For purposes of this subsection, 

20 the term ‘‘qualified disaster-related personal casualty 

21 losses’’ means losses described in section 165(c)(3) of 

22 the Internal Revenue Code of 1986 which arise in a 

23 qualified disaster area on or after the first day of the 

24 incident period of the qualified disaster to which such 
1759 

•HR 1865 EAH 

1 area relates, and which are attributable to such quali2 fied disaster. 

3 (c) SPECIAL RULE FOR DETERMINING EARNED IN4 COME.— 

5 (1) IN GENERAL.—In the case of a qualified in6 dividual, if the earned income of the taxpayer for the 

7 applicable taxable year is less than the earned income 

8 of the taxpayer for the preceding taxable year, the 

9 credits allowed under sections 24(d) and 32 of the In10 ternal Revenue Code of 1986 may, at the election of 

11 the taxpayer, be determined by substituting— 

12 (A) such earned income for the preceding 

13 taxable year, for 

14 (B) such earned income for the applicable 

15 taxable year. 

16 (2) QUALIFIED INDIVIDUAL.—For purposes of 

17 this subsection, the term ‘‘qualified individual’’ means 

18 any individual whose principal place of abode at any 

19 time during the incident period of any qualified dis20 aster was located— 

21 (A) in the qualified disaster zone with re22 spect to such qualified disaster, or 

23 (B) in the qualified disaster area with re24 spect to such qualified disaster (but outside the 

25 qualified disaster zone with respect to such quali-
1760 

•HR 1865 EAH 

1 fied disaster) and such individual was displaced 

2 from such principal place of abode by reason of 

3 such qualified disaster. 

4 (3) APPLICABLE TAXABLE YEAR.—For purposes 

5 of this subsection, the term ‘‘applicable taxable year’’ 

6 means— 

7 (A) in the case of a qualified individual 

8 other than an individual described in subpara9 graph (B), any taxable year which includes any 

10 portion of the incident period of the qualified 

11 disaster to which the qualified disaster area re12 ferred to in paragraph (2)(A) relates, or 

13 (B) in the case of a qualified individual de14 scribed in subparagraph (B) of paragraph (2), 

15 any taxable year which includes any portion of 

16 the period described in such subparagraph. 

17 (4) EARNED INCOME.—For purposes of this sub18 section, the term ‘‘earned income’’ has the meaning 

19 given such term under section 32(c) of the Internal 

20 Revenue Code of 1986. 

21 (5) SPECIAL RULES.— 

22 (A) APPLICATION TO JOINT RETURNS.—For 

23 purposes of paragraph (1), in the case of a joint 

24 return for an applicable taxable year— 
1761 

•HR 1865 EAH 

1 (i) such paragraph shall apply if ei2 ther spouse is a qualified individual, and 

3 (ii) the earned income of the taxpayer 

4 for the preceding taxable year shall be the 

5 sum of the earned income of each spouse for 

6 such preceding taxable year. 

7 (B) UNIFORM APPLICATION OF ELECTION.— 

8 Any election made under paragraph (1) shall 

9 apply with respect to both sections 24(d) and 32 

10 of the Internal Revenue Code of 1986. 

11 (C) ERRORS TREATED AS MATHEMATICAL

12 ERROR.—For purposes of section 6213 of the In13 ternal Revenue Code of 1986, an incorrect use on 

14 a return of earned income pursuant to para15 graph (1) shall be treated as a mathematical or 

16 clerical error. 

17 (D) NO EFFECT ON DETERMINATION OF

18 GROSS INCOME, ETC.—Except as otherwise pro19 vided in this subsection, the Internal Revenue 

20 Code of 1986 shall be applied without regard to 

21 any substitution under paragraph (1). 
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1 SEC. 205. AUTOMATIC EXTENSION OF FILING DEADLINES IN 

2 CASE OF CERTAIN TAXPAYERS AFFECTED BY 

3 FEDERALLY DECLARED DISASTERS. 

4 (a) IN GENERAL.—Section 7508A is amended by add5 ing at the end the following new subsection: 

6 ‘‘(d) MANDATORY 60-DAY EXTENSION.— 

7 ‘‘(1) IN GENERAL.—In the case of any qualified 

8 taxpayer, the period— 

9 ‘‘(A) beginning on the earliest incident date 

10 specified in the declaration to which the disaster 

11 area referred to in paragraph (2) relates, and 

12 ‘‘(B) ending on the date which is 60 days 

13 after the latest incident date so specified, 

14 shall be disregarded in the same manner as a period 

15 specified under subsection (a). 

16 ‘‘(2) QUALIFIED TAXPAYER.—For purposes of 

17 this subsection, the term ‘qualified taxpayer’ means— 

18 ‘‘(A) any individual whose principal resi19 dence (for purposes of section 1033(h)(4)) is lo20 cated in a disaster area, 

21 ‘‘(B) any taxpayer if the taxpayer’s prin22 cipal place of business (other than the business 

23 of performing services as an employee) is located 

24 in a disaster area, 

25 ‘‘(C) any individual who is a relief worker 

26 affiliated with a recognized government or phil-
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1 anthropic organization and who is assisting in 

2 a disaster area, 

3 ‘‘(D) any taxpayer whose records necessary 

4 to meet a deadline for an act described in section 

5 7508(a)(1) are maintained in a disaster area, 

6 ‘‘(E) any individual visiting a disaster 

7 area who was killed or injured as a result of the 

8 disaster, and 

9 ‘‘(F) solely with respect to a joint return, 

10 any spouse of an individual described in any 

11 preceding subparagraph of this paragraph. 

12 ‘‘(3) DISASTER AREA.—For purposes of this sub13 section, the term ‘disaster area’ has the meaning 

14 given such term under subparagraph (B) of section 

15 165(i)(5) with respect to a Federally declared disaster 

16 (as defined in subparagraph (A) of such section). 

17 ‘‘(4) APPLICATION TO RULES REGARDING PEN18 SIONS.—In the case of any person described in sub19 section (b), a rule similar to the rule of paragraph (1) 

20 shall apply for purposes of subsection (b) with respect 

21 to— 

22 ‘‘(A) making contributions to a qualified re23 tirement plan (within the meaning of section 

24 4974(c)) under section 219(f)(3), 404(a)(6), 

25 404(h)(1)(B), or 404(m)(2), 
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1 ‘‘(B) making distributions under section 

2 408(d)(4), 

3 ‘‘(C) recharacterizing contributions under 

4 section 408A(d)(6), and 

5 ‘‘(D) making a rollover under section 

6 402(c), 403(a)(4), 403(b)(8), or 408(d)(3). 

7 ‘‘(5) COORDINATION WITH PERIODS SPECIFIED

8 BY THE SECRETARY.—Any period described in para9 graph (1) with respect to any person (including by 

10 reason of the application of paragraph (4)) shall be 

11 in addition to (or concurrent with, as the case may 

12 be) any period specified under subsection (a) or (b) 

13 with respect to such person.’’. 

14 (b) EFFECTIVE DATE.—The amendment made by this 

15 section shall apply to federally declared disasters declared 

16 after the date of the enactment of this Act. 

17 SEC. 206. MODIFICATION OF THE TAX RATE FOR THE EX18 CISE TAX ON INVESTMENT INCOME OF PRI19 VATE FOUNDATIONS. 

20 (a) IN GENERAL.—Section 4940(a) is amended by 

21 striking ‘‘2 percent’’ and inserting ‘‘1.39 percent’’. 

22 (b) ELIMINATION OF REDUCED TAX WHERE FOUNDA23 TION MEETS CERTAIN DISTRIBUTION REQUIREMENTS.— 

24 Section 4940 is amended by striking subsection (e). 
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1 (c) EFFECTIVE DATE.—The amendments made by this 

2 section shall apply to taxable years beginning after the date 

3 of the enactment of this Act. 

4 SEC. 207. ADDITIONAL LOW-INCOME HOUSING CREDIT AL5 LOCATIONS FOR QUALIFIED 2017 AND 2018 

6 CALIFORNIA DISASTER AREAS. 

7 (a) IN GENERAL.—For purposes of section 42 of the 

8 Internal Revenue Code of 1986, the State housing credit 

9 ceiling for California for calendar year 2020 shall be in10 creased by the lesser of— 

11 (1) the aggregate housing credit dollar amount 

12 allocated by the State housing credit agencies of Cali13 fornia for such calendar year to buildings located in 

14 qualified 2017 and 2018 California disaster areas, or 

15 (2) 50 percent of the sum of the State housing 

16 credit ceilings for California for calendar years 2017 

17 and 2018. 

18 (b) ALLOCATIONS TREATED AS MADE FIRST FROM

19 ADDITIONAL ALLOCATION FOR PURPOSES OF DETERMINING

20 CARRYOVER.—For purposes of determining the unused 

21 State housing credit ceiling for any calendar year under 

22 section 42(h)(3)(C) of the Internal Revenue Code of 1986, 

23 any increase in the State housing credit ceiling under sub24 section (a) shall be treated as an amount described in clause 

25 (ii) of such section. 
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1 (c) DEFINITIONS.—For purposes of this section— 

2 (1) QUALIFIED 2017 AND 2018 CALIFORNIA DIS3 ASTER AREAS.—The term ‘‘qualified 2017 and 2018 

4 California disaster areas’’ means any area in Cali5 fornia which was determined by the President (before 

6 January 1, 2019) to warrant individual or indi7 vidual and public assistance from the Federal Gov8 ernment under the Robert T. Stafford Disaster Relief 

9 and Emergency Assistance Act by reason of a major 

10 disaster the incident period of which begins or ends 

11 in calendar year 2017 or 2018. Notwithstanding sec12 tion 201, for purposes of the preceding sentence, the 

13 term ‘‘incident period’’ means the period specified by 

14 the Federal Emergency Management Agency as the 

15 period during which the disaster occurred. 

16 (2) OTHER DEFINITIONS.—Terms used in this 

17 section which are also used in section 42 of the Inter18 nal Revenue Code of 1986 shall have the same mean19 ing in this section as in such section 42. 

20 SEC. 208. TREATMENT OF CERTAIN POSSESSIONS. 

21 (a) PAYMENTS TO POSSESSIONS WITH MIRROR CODE

22 TAX SYSTEMS.—The Secretary of the Treasury shall pay 

23 to each possession of the United States which has a mirror 

24 code tax system amounts equal to the loss (if any) to that 

25 possession by reason of the application of the provisions of 
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1 this title. Such amounts shall be determined by the Sec2 retary of the Treasury based on information provided by 

3 the government of the respective possession. 

4 (b) PAYMENTS TO OTHER POSSESSIONS.—The Sec5 retary of the Treasury shall pay to each possession of the 

6 United States which does not have a mirror code tax system 

7 amounts estimated by the Secretary of the Treasury as 

8 being equal to the aggregate benefits (if any) that would 

9 have been provided to residents of such possession by reason 

10 of the provisions of this title if a mirror code tax system 

11 had been in effect in such possession. The preceding sentence 

12 shall not apply unless the respective possession has a plan, 

13 which has been approved by the Secretary of the Treasury, 

14 under which such possession will promptly distribute such 

15 payments to its residents. 

16 (c) MIRROR CODE TAX SYSTEM.—For purposes of this 

17 section, the term ‘‘mirror code tax system’’ means, with re18 spect to any possession of the United States, the income tax 

19 system of such possession if the income tax liability of the 

20 residents of such possession under such system is determined 

21 by reference to the income tax laws of the United States 

22 as if such possession were the United States. 

23 (d) TREATMENT OF PAYMENTS.—For purposes of sec24 tion 1324 of title 31, United States Code, the payments 

25 under this section shall be treated in the same manner as 
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1 a refund due from a credit provision referred to in sub2 section (b)(2) of such section. 

3 TITLE III—OTHER PROVISIONS 

4 SEC. 301. MODIFICATION OF INCOME FOR PURPOSES OF 

5 DETERMINING TAX-EXEMPT STATUS OF CER6 TAIN MUTUAL OR COOPERATIVE TELEPHONE 

7 OR ELECTRIC COMPANIES. 

8 (a) IN GENERAL.—Section 501(c)(12) is amended by 

9 adding at the end the following new subparagraph: 

10 ‘‘(J) In the case of a mutual or cooperative 

11 telephone or electric company described in this 

12 paragraph, subparagraph (A) shall be applied 

13 without taking into account any income received 

14 or accrued from— 

15 ‘‘(i) any grant, contribution, or assist16 ance provided pursuant to the Robert T. 

17 Stafford Disaster Relief and Emergency As18 sistance Act or any similar grant, contribu19 tion, or assistance by any local, State, or 

20 regional governmental entity for the pur21 pose of relief, recovery, or restoration from, 

22 or preparation for, a disaster or emergency, 

23 or 

24 ‘‘(ii) any grant or contribution by any 

25 governmental entity (other than a contribu-
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1 tion in aid of construction or any other 

2 contribution as a customer or potential cus3 tomer) the purpose of which is substantially 

4 related to providing, constructing, restoring, 

5 or relocating electric, communication, 

6 broadband, internet, or other utility facili7 ties or services.’’. 

8 (b) EFFECTIVE DATE.—The amendment made by this 

9 section shall apply to taxable years beginning after Decem10 ber 31, 2017. 

11 SEC. 302. REPEAL OF INCREASE IN UNRELATED BUSINESS 

12 TAXABLE INCOME FOR CERTAIN FRINGE BEN13 EFIT EXPENSES. 

14 (a) IN GENERAL.—Section 512(a) is amended by strik15 ing paragraph (7). 

16 (b) EFFECTIVE DATE.—The amendment made by this 

17 section shall take effect as if included in the amendments 

18 made by section 13703 of Public Law 115–97. 

Attest: 

Clerk. 
116TH CONGRESS 

1ST SESSION H.R. 1865 

HOUSE AMENDMENT TO 

SENATE AMENDMENT