2684 
(b) REPEAL OF ESSENTIAL GOVERNMENTAL FUNC-
TION REQUIREMENTS.—Section 7871 is amended— 
(1) by striking subsections (b) and (e), and 
(2) by striking ‘‘subject to subsection (b),’’ in 
subsection (a)(2). 
(c) CONFORMING AMENDMENT.—Subparagraph (B) 
of section 45(c)(9) is amended to read as follows: 
‘‘(B) INDIAN TRIBE.—For purposes of this 
paragraph, the term ‘Indian tribe’ has the 
meaning given the term ‘Indian Tribal Govern-
ment’ by section 7871(c)(3)(A).’’. 
(d) EFFECTIVE DATE.— 
(1) IN
GENERAL.—Except as otherwise pro-
vided in this subsection, the amendments made by 
this section shall apply to obligations issued in cal-
endar years beginning after the date of the enact-
ment of this Act. 
(2) REPEAL
OF
ESSENTIAL
GOVERNMENTAL 
FUNCTION REQUIREMENTS.—The amendments made 
by subsection (b) shall apply to transactions after, 
and obligations issued in calendar years beginning 
after, the date of the enactment of this Act.
2685 
SEC. 90702. TREATMENT OF TRIBAL FOUNDATIONS AND 
CHARITIES LIKE CHARITIES FUNDED AND 
CONTROLLED BY OTHER GOVERNMENTAL 
FUNDERS AND SPONSORS. 
(a) IN GENERAL.—Section 7871(a) is amended by 
striking ‘‘and’’ at the end of paragraph (6), by striking 
the period at the end of paragraph (7) and inserting ‘‘, 
and’’, and by adding at the end the following new para-
graph: 
‘‘(8) for purposes of— 
‘‘(A) determining support of an organiza-
tion described in section 170(b)(1)(A)(vi), and 
‘‘(B) determining whether an organization 
is described in paragraph (1) or (2) of section 
509(a) for purposes of section 509(a)(3).’’. 
(b) EFFECTIVE DATE.—The amendments made by 
this section shall apply to taxable years beginning after 
the date of the enactment of this Act. 
SEC. 90703. NEW MARKETS TAX CREDIT. 
(a) EXPANDING LOW-INCOME COMMUNITY DEFINI-
TION TO INCLUDE TRIBAL COMMUNITIES.— 
(1) IN
GENERAL.—Paragraph (1) of section 
45D(e) is amended to read as follows: 
‘‘(1) IN GENERAL.—The term ‘low-income com-
munity’ means any area—
2686 
‘‘(A) comprising a population census tract 
if— 
‘‘(i) the poverty rate for such tract is 
at least 20 percent, or 
‘‘(ii)(I) in the case of a tract not lo-
cated within a metropolitan area, the me-
dian family income for such tract does not 
exceed 80 percent of statewide median 
family income, or 
‘‘(II) in the case of a tract located 
within a metropolitan area, the median 
family income for such tract does not ex-
ceed 80 percent of the greater of statewide 
median family income or the metropolitan 
area median family income, 
‘‘(B) comprising a Tribal Statistical Area. 
Subparagraph (A)(ii) shall be applied using posses-
sion wide median family income in the case of cen-
sus tracts located within a possession of the United 
States.’’. 
(2) TRIBAL STATISTICAL AREA DEFINED.—Sec-
tion 45D(e) is amended by adding at the end the fol-
lowing new paragraph:
2687 
‘‘(6) TRIBAL STATISTICAL AREA.—For purposes 
of paragraph (1)(B), the term ‘Tribal Statistical 
Area’ means— 
‘‘(A) any Tribal Census Tract, Oklahoma 
Tribal Statistical Area, Tribal-Designated Sta-
tistical Area, or Alaska Native Village Statis-
tical Area if— 
‘‘(i) the poverty rate for such tract or 
area is at least 20 percent, or 
‘‘(ii) the median family income for 
such tract or area does not exceed 80 per-
cent of the statewide median family income 
for a State with boundaries that encom-
pass or intersect the boundaries of such 
area, and 
‘‘(B) any area that will be used for the 
construction, reconstruction or improvement of 
a community facility or an infrastructure 
project that— 
‘‘(i) services Tribal or Alaska Native 
village members of any tract or area de-
scribed in subparagraph (A), and 
‘‘(ii) has documented its eligibility 
with respect to clause (i) to the satisfaction
2688 
of the relevant Indian Tribal Government 
(within the meaning of section 7871(c)).’’. 
(b) 
TRIBAL
INVESTMENT
PROPORTIONALITY 
GOAL.—Section 45D(i) is amended by striking ‘‘and’’ at 
the end of paragraph (5), by striking the period at the 
end of paragraph (6) and inserting ‘‘, and’’, and by adding 
at the end the following new paragraph: 
‘‘(7) which ensure that Tribal Statistical Areas 
(as defined in subsection (e)(6)) receive a propor-
tional allocation of qualified equity investments 
based on the overall number of Native Americans 
relative to the portion of the United States popu-
lation which is at or below the poverty line (as deter-
mined for purposes of determining poverty rates 
under subsection (e)).’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply to taxable years beginning after 
the date of the enactment of this Act. 
TITLE VIII—HIGHWAY TRUST 
FUND AND RELATED TAXES 
SEC. 90801. EXTENSION OF HIGHWAY TRUST FUND EXPEND-
ITURE AUTHORITY. 
(a) HIGHWAY
TRUST
FUND.—Section 9503 is 
amended—
2689 
(1) by striking ‘‘October 1, 2020’’ in sub-
sections (b)(6)(B), (c)(1), and (e)(3) and inserting 
‘‘October 1, 2025’’, and 
(2) by striking ‘‘FAST Act’’ in subsections 
(c)(1) and (e)(3) and inserting ‘‘Moving Forward 
Act’’. 
(b) SPORT FISH RESTORATION AND BOATING TRUST 
FUND.—Section 9504 is amended— 
(1) by striking ‘‘FAST Act’’ each place it ap-
pears in subsection (b)(2) and inserting ‘‘Moving 
Forward Act’’, and 
(2) by striking ‘‘October 1, 2020’’ in subsection 
(d)(2) and inserting ‘‘October 1, 2025’’. 
(c) LEAKING UNDERGROUND STORAGE TANK TRUST 
FUND.—Section 9508(e)(2) is amended by striking ‘‘Octo-
ber 1, 2020’’ and inserting ‘‘October 1, 2025’’. 
SEC. 90802. EXTENSION OF HIGHWAY-RELATED TAXES. 
(a) IN GENERAL.— 
(1) Each of the following provisions of the In-
ternal Revenue Code of 1986 is amended by striking 
‘‘September 30, 2022’’ and inserting ‘‘September 
30, 2027’’: 
(A) Section 4041(a)(1)(C)(iii)(I). 
(B) Section 4041(m)(1)(B). 
(C) Section 4081(d)(1).
2690 
(2) Each of the following provisions of the In-
ternal Revenue Code of 1986 is amended by striking 
‘‘October 1, 2022’’ and inserting ‘‘October 1, 2027’’: 
(A) Section 4041(m)(1)(A). 
(B) Section 4051(c). 
(C) Section 4071(d). 
(D) Section 4081(d)(3). 
(b) EXTENSION OF TAX, ETC., ON USE OF CERTAIN 
HEAVY VEHICLES.—Each of the following provisions of 
the Internal Revenue Code of 1986 is amended by striking 
‘‘2023’’ each place it appears and inserting ‘‘2028’’: 
(1) Section 4481(f). 
(2) Subsections (c)(4) and (d) of section 4482. 
(c) FLOOR STOCKS REFUNDS.—Section 6412(a)(1) 
is amended— 
(1) by striking ‘‘October 1, 2022’’ each place it 
appears and inserting ‘‘October 1, 2027’’, 
(2) by striking ‘‘March 31, 2023’’ each place it 
appears and inserting ‘‘March 31, 2028’’, and 
(3) by striking ‘‘January 1, 2023’’ and insert-
ing ‘‘January 1, 2028’’. 
(d) EXTENSION OF CERTAIN EXEMPTIONS.— 
(1) Section 4221(a) is amended by striking 
‘‘October 1, 2022’’ and inserting ‘‘October 1, 2027’’.
2691 
(2) Section 4483(i) is amended by striking ‘‘Oc-
tober 1, 2023’’ and inserting ‘‘October 1, 2028’’. 
(e) EXTENSION
OF
TRANSFERS
OF
CERTAIN 
TAXES.— 
(1) IN GENERAL.—Section 9503 is amended— 
(A) in subsection (b)— 
(i) by striking ‘‘October 1, 2022’’ 
each place it appears in paragraphs (1) 
and (2) and inserting ‘‘October 1, 2027’’, 
(ii) by striking ‘‘OCTOBER 1, 2022’’ in 
the heading of paragraph (2) and inserting 
‘‘OCTOBER 1, 2027’’, 
(iii) by striking ‘‘September 30, 
2022’’ in paragraph (2) and inserting 
‘‘September 30, 2027;’’, and 
(iv) by striking ‘‘July 1, 2023’’ in 
paragraph (2) and inserting ‘‘July 1, 
2028’’, and 
(B) in subsection (c)(2), by striking ‘‘July 
1, 2013’’ and inserting ‘‘July 1, 2028’’. 
(2) MOTORBOAT AND SMALL-ENGINE FUEL TAX 
TRANSFERS.— 
(A) IN
GENERAL.—Paragraphs (3)(A)(i) 
and (4)(A) of section 9503(c) are each amended
2692 
by striking ‘‘October 1, 2022’’ and inserting 
‘‘October 1, 2027’’. 
(B) CONFORMING AMENDMENTS TO LAND 
AND
WATER
CONSERVATION
FUND.—Section 
200310 of title 54, United States Code, is 
amended— 
(i) by striking ‘‘October 1, 2023’’ 
each place it appears and inserting ‘‘Octo-
ber 1, 2028’’, and 
(ii) by striking ‘‘October 1, 2022’’ and 
inserting ‘‘October 1, 2027’’. 
SEC. 90803. ADDITIONAL TRANSFERS TO HIGHWAY TRUST 
FUND. 
Section 9503(f) is amended by redesignating para-
graph (10) as paragraph (11) and by inserting after para-
graph (9) the following new paragraph: 
‘‘(10) ADDITIONAL
TRANSFERS
TO
TRUST 
FUND.—Out of money in the Treasury not otherwise 
appropriated, there is hereby appropriated— 
‘‘(A) $106,700,000,000 to the Highway 
Account (as defined in subsection (e)(5)(B)) in 
the Highway Trust Fund, and 
‘‘(B) $38,600,000,000 to the Mass Transit 
Account in the Highway Trust Fund.’’.
2693 
DIVISION 
N—RIGHTS 
FOR 
TRANSPORTATION SECURITY 
OFFICERS 
SEC. 91001. SHORT TITLE. 
This division may be cited as the ‘‘Rights for Trans-
portation Security Officers Act of 2020’’. 
SEC. 91002. DEFINITIONS. 
For purposes of this division— 
(1) the term ‘‘adjusted basic pay’’ means— 
(A) the rate of pay fixed by law or admin-
istrative action for the position held by a cov-
ered employee before any deductions; and 
(B) any regular, fixed supplemental pay-
ment for non-overtime hours of work creditable 
as basic pay for retirement purposes, including 
any applicable locality payment and any special 
rate supplement; 
(2) the term ‘‘Administrator’’ means the Ad-
ministrator of the Transportation Security Adminis-
tration; 
(3) the term ‘‘covered employee’’ means an em-
ployee who holds a covered position; 
(4) the term ‘‘covered position’’ means a posi-
tion within the Transportation Security Administra-
tion;
2694 
(5) the term ‘‘conversion date’’ means the date 
as of which paragraphs (1) through (4) of section 
91003(c) take effect; 
(6) the term ‘‘2019 Determination’’ means the 
publication, entitled ‘‘Determination on Transpor-
tation Security Officers and Collective Bargaining’’, 
issued on July 13, 2019, by Administrator David P. 
Pekoske; 
(7) the term ‘‘employee’’ has the meaning given 
such term by section 2105 of title 5, United States 
Code; 
(8) the term ‘‘Secretary’’ means the Secretary 
of Homeland Security; and 
(9) the term ‘‘TSA personnel management sys-
tem’’ means any personnel management system es-
tablished or modified under— 
(A) section 111(d) of the Aviation and 
Transportation Security Act (49 U.S.C. 44935 
note); or 
(B) section 114(n) of title 49, United 
States Code. 
SEC. 91003. CONVERSION OF TSA PERSONNEL. 
(a) RESTRICTIONS
ON CERTAIN PERSONNEL AU-
THORITIES.—Notwithstanding any other provision of law, 
effective as of the date of the enactment of this division—
2695 
(1) any TSA personnel management system in 
use for covered employees and covered positions on 
the day before such date of enactment, and any TSA 
personnel management policy, letters, guideline, or 
directive in effect on such day may not be modified; 
(2) no TSA personnel management policy, let-
ter, guideline, or directive that was not established 
before such date issued pursuant to section 111(d) 
of the Aviation and Transportation Security Act (49 
U.S.C. 44935 note) or section 114(n) of title 49, 
United States Code, may be established; and 
(3) any authority to establish or adjust a 
human resources management system under chapter 
97 of title 5, United States Code, shall terminate 
with respect to covered employees and covered posi-
tions. 
(b) PERSONNEL AUTHORITIES DURING TRANSITION 
PERIOD.—Any TSA personnel management system in use 
for covered employees and covered positions on the day 
before the date of enactment of this division and any TSA 
personnel management policy, letter, guideline, or direc-
tive in effect on the day before the date of enactment of 
this division shall remain in effect until the effective date 
under subsection (c).
2696 
(c) TRANSITION TO GENERAL PERSONNEL MANAGE-
MENT SYSTEM APPLICABLE TO CIVIL SERVICE EMPLOY-
EES.—Effective as of the date determined by the Sec-
retary, but in no event later than 180 days after the date 
of the enactment of this division— 
(1) each provision of law cited in section 
91002(9) is repealed; 
(2) any TSA personnel management policy, let-
ter, guideline, and directive, including the 2019 De-
termination, shall cease to be effective; 
(3) any human resources management system 
established or adjusted under chapter 97 of title 5, 
United States Code, with respect to covered employ-
ees or covered positions shall cease to be effective; 
and 
(4) covered employees and covered positions 
shall be subject to the provisions of title 5, United 
States Code. 
(d) SAFEGUARDS ON GRIEVANCES.—In carrying out 
this division, the Secretary shall take such actions as are 
necessary to provide an opportunity to each covered em-
ployee with a grievance or disciplinary action (including 
an adverse action) pending within TSA on the date of en-
actment of this division or at any time during the transi-
tion period described in subsection (c) to have such griev-
2697 
ance removed to proceedings pursuant to title 5, United 
States Code, or continued within TSA. 
SEC. 91004. TRANSITION RULES. 
(a) NONREDUCTION IN PAY AND COMPENSATION.— 
Under pay conversion rules as the Secretary may prescribe 
to carry out this division, a covered employee converted 
from a TSA personnel management system to the provi-
sions of title 5, United States Code, pursuant to section 
91002(c)(4) shall not be subject to any reduction in the 
rate of adjusted basic pay payable, or total compensation 
provided, to such covered employee. 
(b) PRESERVATION OF OTHER RIGHTS.—In the case 
of each covered employee as of the conversion date, the 
Secretary shall take any actions necessary to ensure 
that— 
(1) any annual leave, sick leave, or other paid 
leave accrued, accumulated, or otherwise available to 
a covered employee immediately before the conver-
sion date shall remain available to the employee 
until used; and 
(2) the Government share of any premiums or 
other periodic charges under chapter 89 of title 5, 
United States Code, governing group health insur-
ance shall remain at least the same as was the case 
immediately before the conversion date.
2698 
(c) GAO STUDY ON TSA PAY RATES.—Not later 
than the date that is 9 months after the date of enactment 
of this division, the Comptroller General shall submit a 
report to Congress on the differences in rates of pay, clas-
sified by pay system, between Transportation Security Ad-
ministration employees— 
(1) with duty stations in the contiguous 48 
States; and 
(2) with duty stations outside of such States, 
including those employees located in any territory or 
possession of the United States. 
(d) RULE OF CONSTRUCTION.—During the transition 
period and after the conversion date, the Secretary shall 
ensure that the Transportation Security Administration 
continues to prevent the hiring of individuals who have 
been convicted of a sex crime, an offense involving a 
minor, a crime of violence, or terrorism. 
SEC. 91005. CONSULTATION REQUIREMENT. 
(a) EXCLUSIVE REPRESENTATIVE.—The labor orga-
nization certified by the Federal Labor Relations Author-
ity on June 29, 2011, or successor labor organization shall 
be treated as the exclusive representative of full- and part- 
time non-supervisory TSA personnel carrying out screen-
ing functions under section 44901 of title 49, United 
States Code, and shall be the exclusive representative for
2699 
such personnel under chapter 71 of title 5, United States 
Code, with full rights under such chapter. Any collective 
bargaining agreement covering such personnel on the date 
of enactment of this division shall remain in effect, con-
sistent with subsection (d). 
(b) CONSULTATION RIGHTS.—Not later than 7 days 
after the date of the enactment of this division, the Sec-
retary shall consult with the exclusive representative for 
the personnel described in subsection (a) under chapter 
71 of title 5, United States Code, on the formulation of 
plans and deadlines to carry out the conversion of covered 
employees and covered positions under this division. Prior 
to the conversion date, the Secretary shall provide (in writ-
ing) to such exclusive representative the plans for how the 
Secretary intends to carry out the conversion of covered 
employees and covered positions under this division, in-
cluding with respect to such matters as— 
(1) the anticipated conversion date; and 
(2) measures to ensure compliance with sections 
91003 and 91004. 
(c) REQUIRED AGENCY RESPONSE.—If any views or 
recommendations are presented under subsection (b) by 
the exclusive representative, the Secretary shall consider 
the views or recommendations before taking final action 
on any matter with respect to which the views or rec-
2700 
ommendations are presented and provide the exclusive 
representative a written statement of the reasons for the 
final actions to be taken. 
(d) SUNSET PROVISION.—The provisions of this sec-
tion shall cease to be effective as of the conversion date. 
SEC. 91006. NO RIGHT TO STRIKE. 
Nothing in this division shall be considered— 
(1) to repeal or otherwise affect— 
(A) section 1918 of title 18, United States 
Code (relating to disloyalty and asserting the 
right to strike against the Government); or 
(B) section 7311 of title 5, United States 
Code (relating to loyalty and striking); or 
(2) to otherwise authorize any activity which is 
not permitted under either provision of law cited in 
paragraph (1). 
SEC. 91007. RULE OF CONSTRUCTION WITH RESPECT TO 
CERTAIN CRIMES RELATING TO TERRORISM. 
Nothing in this division may be construed to con-
tradict chapter 113B of title 18, United States Code, in-
cluding with respect to— 
(1) section 2332b (relating to acts of terrorism 
transcending national boundaries); 
(2) section 2339 (relating to harboring or con-
cealing terrorists); and
2701 
(3) section 2339A (relating to providing mate-
rial support to terrorists). 
SEC. 91008. REPORT BY GAO REGARDING TSA RECRUIT-
MENT. 
Not later than 1 year after the date of the enactment 
of this division, the Comptroller General of the United 
States shall submit to Congress a report on the efforts 
of the Transportation Security Administration regarding 
recruitment, including recruitment efforts relating to vet-
erans and the dependents of veterans and members of the 
Armed Forces and the dependents of such members. Such 
report shall also include recommendations regarding how 
the Administration may improve such recruitment efforts. 
SEC. 91009. SENSE OF CONGRESS. 
It is the sense of Congress that the Transportation 
Security Administration’s personnel system provides in-
sufficient benefits and workplace protections to the work-
force that secures the nation’s transportation systems and 
that the Transportation Security Administration’s work-
force should be provided protections and benefits under 
title 5, United States Code. 
SEC. 91010. ASSISTANCE FOR FEDERAL AIR MARSHAL 
SERVICE. 
The Administrator of the Transportation Security 
Administration shall engage and consult with public and
2702 
private entities associated with the Federal Air Marshal 
Service to address concerns regarding Federal Air Mar-
shals related to the following: 
(1) Mental health. 
(2) Suicide rates. 
(3) Morale and recruitment. 
(4) Any other personnel issues the Adminis-
trator determines appropriate. 
SEC. 91011. PROHIBITION ON CERTAIN SOCIAL MEDIA AP-
PLICATION. 
Beginning on the date of the enactment of this divi-
sion, covered employees may not use or have installed on 
United States Government-issued mobile devices the social 
media video application known as ‘‘TikTok’’ or any suc-
cessor application. 
SEC. 91012. VETERANS HIRING. 
The Secretary shall prioritize the hiring of veterans, 
including disabled veterans, and other preference eligible 
individuals, including widows and widowers of veterans, as 
defined in section 2108 of title 5, United States Code, for 
covered positions. 
SEC. 91013. PREVENTION AND PROTECTION AGAINST CER-
TAIN ILLNESS. 
The Administrator of the Transportation Security 
Administration, in coordination with the Director of Cen-
2703 
ters for Disease Control and Prevention and the Director 
of the National Institute of Allergy and Infectious Dis-
eases, shall ensure that covered employees are provided 
proper guidance regarding prevention and protections 
against coronavirus, including appropriate resources. 
DIVISION O—AGRICULTURE IN-
FRASTRUCTURE 
IMPROVE-
MENTS 
SEC. 92001. REFORESTATION TRUST FUND. 
Section 303(b)(2) of Public Law 96–451 (16 U.S.C. 
1606a(b)(2)) is amended by striking ‘‘$30,000,000’’ and 
inserting ‘‘$60,000,000’’. 
DIVISION P—BUDGETARY 
EFFECTS 
SEC. 93001. BUDGETARY EFFECTS. 
(a) STATUTORY PAYGO SCORECARDS.—The budg-
etary effects of each division of this Act shall not be en-
tered on either PAYGO scorecard maintained pursuant to 
section 4(d) of the Statutory Pay-As-You-Go Act of 2010. 
(b) SENATE PAYGO SCORECARDS.—The budgetary 
effects of each division of this Act shall not be entered 
on any PAYGO scorecard maintained for purposes of sec-
tion 4106 of H. Con. Res. 71 (115th Congress).
2704 
DIVISION Q—STATE-OWNED 
ENTERPRISES 
SEC. 94001. STATE-OWNED ENTERPRISES PROHIBITION. 
(a) BUY AMERICA.—None of the funds authorized or 
made available by this Act, or the amendments made by 
this Act, may be used in awarding a contract, subcontract, 
grant, or loan to an entity that— 
(1) is owned or controlled by, is a subsidiary of, 
or is otherwise related legally or financially to a cor-
poration based in a country that— 
(A) is identified as a nonmarket economy 
country (as defined in section 771(18) of the 
Tariff Act of 1930 (19 U.S.C. 1677(18))) as of 
the date of enactment of this Act; 
(B) was identified by the United States 
Trade Representative in the most recent report 
required by section 182 of the Trade Act of 
1974 (19 U.S.C. 2242) as a priority foreign 
country under subsection (a)(2) of that section; 
and 
(C) is subject to monitoring by the Trade 
Representative under section 306 of the Trade 
Act of 1974 (19 U.S.C. 2416); or
2705 
(2) is listed pursuant to section 9(b)(3) of the 
Uyghur Human Rights Policy Act of 2020 (Public 
Law 116–145). 
(b) EXCEPTION.—For purposes of subsection (a), the 
term ‘‘otherwise related legally or financially’’ does not in-
clude a minority relationship or investment. 
(c) INTERNATIONAL
AGREEMENTS.—This section 
shall be applied in a manner consistent with the obliga-
tions of the United States under international agreements. 
Passed the House of Representatives July 1, 2020. 
Attest: 
Clerk.
116TH CONGRESS 
2D SESSION 
H. R. 2 
AN ACT 
To authorize funds for Federal-aid highways, high-
way safety programs, and transit programs, and 
for other purposes.