Highlights
This bill provides FY2020 appropriations for several federal departments and agencies.
It includes 4 of the 12 regular FY2020 appropriations bills:
The departments and agencies funded in the bill include
Full Summary
Consolidated Appropriations Act, 2020
(Sec. 3) This section provides that references to this Act included in any division of this bill refer only to the provisions of the division unless the bill expressly provides otherwise.
(Sec. 4) This section provides that the explanatory statement printed in the Congressional Record regarding this bill has the same effect as a joint explanatory statement of a conference committee.
(Sec. 5) This section specifies that the sums in this bill are appropriated for FY2020.
(Sec. 6) This section provides that amounts designated by this bill for Overseas Contingency Operations/ Global War on Terrorism pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985 are only available (or rescinded, if applicable) if the President subsequently designates the amounts and transmits the designations to Congress.
DIVISION A--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2020
Department of Defense Appropriations Act, 2020
This division provides FY2020 appropriations to the Department of Defense (DOD) for military activities.
It does not include funding for military construction, military family housing, civil works projects of the Army Corps of Engineers, and nuclear warheads, which are all considered in other appropriations bills.
The division includes additional Overseas Contingency Operations (OCO)/ Global War on Terrorism funding for several DOD accounts. OCO funding is not subject to discretionary spending limits and other budget enforcement procedures.
TITLE I--MILITARY PERSONNEL
This title provides appropriations for active-duty and reserve personnel in the Army, Navy, Marine Corps, and Air Force, and for National Guard personnel in the Army and Air Force.
TITLE II--OPERATION AND MAINTENANCE
This title provides appropriations for Operation and Maintenance (O&M) for the military departments, including
It also provides appropriations for
TITLE III--PROCUREMENT
This title provides appropriations for Procurement by the military departments, including
TITLE IV--RESEARCH, DEVELOPMENT, TEST AND EVALUATION
This title provides appropriations for Research, Development, Test, and Evaluation (RDT&E) by the military departments and defense agencies.
It also provides appropriations for Operational Test and Evaluation.
TITLE V--REVOLVING AND MANAGEMENT FUNDS
This title provides appropriations for the Defense Working Capital Funds.
TITLE VI--OTHER DEPARTMENT OF DEFENSE PROGRAMS
This title provides appropriations for other DOD programs, including
TITLE VII--RELATED AGENCIES
This title provides appropriations for (1) the Central Intelligence Agency Retirement and Disability System Fund, and (2) the Intelligence Community Management Account.
TITLE VIII--GENERAL PROVISIONS
(Sec. 8001) This section prohibits funds provided by this division from being used for publicity or propaganda purposes not authorized by Congress.
(Sec. 8002) This section exempts DOD from laws prohibiting the compensation or employment of foreign nationals and specifies conditions that must be met for the exemption.
(Sec. 8003) This section prohibits funds provided by this division from remaining available for obligation beyond the current fiscal year unless this division expressly provides otherwise.
(Sec. 8004) This section limits the obligation of certain funds provided by this division during the last two months of the fiscal year. It includes exceptions for obligations for the support of active duty training of reserve components or summer camp training of the Reserve Officers' Training Corps.
(Sec. 8005) This section specifies authorities and restrictions for transferring specified funds provided by this division for other military functions.
(Sec. 8006) This section requires tables included in the explanatory statement accompanying this division to be treated as if they were included in the text of this division.
(Sec. 8007) This section requires DOD to submit a report to Congress to establish the baseline for the application of reprogramming and transfer authorities for FY2020. Funds provided by this division may not be reprogrammed or transferred until the report is provided or DOD certifies to Congress that the reprogramming or transfer is necessary as an emergency requirement. The section includes exceptions for (1) the Environmental Restoration accounts, and (2) Drug Interdiction and Counter-drug activities.
(Sec. 8008) This section prohibits cash balances in DOD Working Capital Funds from exceeding the level necessary for cash disbursements to be made from the funds. It also sets forth requirements and limitations for transfers of balances in the funds to specified accounts.
(Sec. 8009) This section prohibits funds provided by this division from being used to initiate a special access program without notifying Congress in advance.
(Sec. 8010) This section establishes authorities, restrictions, and requirements for using funds provided by this division to initiate or terminate certain multiyear procurement contracts.
(Sec. 8011) This section appropriates O&M funds for the costs of humanitarian and civic assistance provided in conjunction with military operations.
(Sec. 8012) This section prohibits DOD from managing civilian personnel on the basis of any end-strength or subjecting civilian personnel to any end-strength limitations.
(Sec. 8013) This section prohibits funds provided by this division from being used to directly or indirectly influence congressional action on legislation or appropriation matters pending before Congress.
(Sec. 8014) This section prohibits compensation from being paid to any member of the Army participating as a full-time student and receiving benefits paid by the Department of Veterans Affairs from the DOD Education Benefits Fund if the time spent as a student is counted toward the member's service commitment. It applies the restriction only to active components of the Army and exempts members that have reenlisted with this option prior to October 1, 1987.
(Sec. 8015) This section permits funds appropriated in title III of this division for the DOD Pilot Mentor-Protege Program to be transferred to any other account contained in this division to implement a developmental assistance agreement under the program.
(Sec. 8016) This section prohibits DOD from purchasing certain anchor and mooring chains unless they are manufactured in the United States. It permits a waiver if adequate domestic supplies are not available to meet DOD requirements on a timely basis, and DOD certifies to Congress that the acquisition must be made for national security purposes.
(Sec. 8017) This section prohibits funds provided by this division from being used to reduce strategic delivery vehicles and launchers below levels necessary to implement the New Strategic Arms Reduction Treaty (New START), as set forth in a report provided to Congress pursuant to the National Defense Authorization Act for Fiscal Year 2012.
(Sec. 8018) This section prohibits funds provided by this division from being used to support the procurement of malt beverages and wine with nonappropriated funds for resale on a military installation located in the United States, unless the beverages are procured within the state in which the installation is located and specified conditions are met.
(Sec. 8019) This section prohibits DOD funds from being used to demilitarize or dispose of certain small firearms or small arms ammunition, or ammunition components that are not otherwise prohibited from commercial sale under federal law, unless the Army has certified that the small arms, ammunition, or components are unserviceable or unsafe for further use.
(Sec. 8020) This section limits funding for a single relocation of any DOD entity into or within the National Capital Region. It permits DOD to waive the limitation by certifying to Congress that a relocation is required in the best interest of the government.
(Sec. 8021) This section provides specified funds for incentive payments for federal contracts involving contractors, subcontractors, or suppliers that are Native American organizations or Native American-owned economic enterprises.
(Sec. 8022) This section prohibits funds provided by this division for the Defense Media Activity from being used for national or international political or psychological activities.
(Sec. 8023) This section permits DOD to incur obligations of up to $350 million for military compensation, construction projects, and supplies and services in anticipation of contributions from the government of Kuwait.
(Sec. 8024) This section provides appropriations from Air Force accounts to the Civil Air Patrol Corporation, including from
It also specifies that the Air Force should waive reimbursement for funds used by the Civil Air Patrol for counter-drug activities in support of federal, state, and local government agencies.
(Sec. 8025) This section prohibits funds provided by this division from being used to establish a new DOD federally-funded research and development center (FFRDC). It also limits compensation for consultants and members of certain entities of a defense FFRDC.
The section prohibits a defense FFRDC from using FY2020 DOD funds for construction of new buildings not located on a military installation, cost-sharing payments for projects funded by government grants, absorption of contract overruns, or certain charitable contributions.
In addition, the section limits the staff years that may be funded for FFRDCs from FY2020 funds and requires DOD to submit a report on the allocation of staff years with the FY2021 budget request.
(Sec. 8026) This section prohibits DOD from using funds provided by this division to procure carbon, alloy, or armor steel plating not melted and rolled in the United States or Canada. It permits DOD to waive the prohibition if adequate domestic supplies are not available and an acquisition is necessary for national security purposes.
(Sec. 8027) This section specifies that congressional defense committees includes the Senate and House Armed Services Committees and Appropriations Subcommittees on Defense.
(Sec. 8028) This section permits DOD to acquire the modification, depot maintenance, and repair of aircraft, vehicles, and vessels; and production of components and other defense-related articles through competition between DOD depot maintenance activities and private firms.
(Sec. 8029) This section revokes blanket waivers of the Buy American Act if DOD determines that a country has violated the terms of a specified reciprocal defense procurement memorandum of understanding by discriminating against products that are produced in the United States and covered by the agreement.
(Sec. 8030) This section permits funds in the Department of Defense Overseas Military Facility Investment Recovery Account to remain available until expended.
(Sec. 8031) This section permits the Air Force to convey to Indian tribes located in Nevada, Idaho, North Dakota, South Dakota, Montana, Oregon, Minnesota, and Washington relocatable military housing units currently located at Grand Forks, Malmstrom, Mountain Home, Ellsworth, and Minot Air Force Bases that are excess to the needs of the Air Force. It also requires the Operation Walking Shield Program to resolve any housing unit conflicts arising among requests of Indian tribes for these conveyances.
(Sec. 8032) This section permits O&M appropriations to be used to purchase items with an investment unit cost of not more than $250,000.
(Sec. 8033) This section prohibits funds provided by this division from being used to (1) disestablish or prepare to disestablish a Senior Reserve Officers' Training Corps (SROTC) program in accordance with specified DOD instructions; or (2) close, downgrade from host to extension center, or place on probation a SROTC program in accordance with a specified Army information paper.
(Sec. 8034) This section permits specified procurement funds to be used to purchase up to 24 new passenger-carrying motor vehicles for the Defense POW/MIA Accounting Agency to use in the U.S. Indo-Pacific Command.
(Sec. 8035) This section permits specified Navy O&M funds to be used for the Asia Pacific Regional Initiative Program for enabling the Pacific Command to execute theater security cooperation activities such as humanitarian assistance and the payments of the costs of training and exercising with foreign security forces.
(Sec. 8036) This section requires DOD to issue regulations to (1) prohibit the sale of tobacco or tobacco-related products in military resale outlets in the United States, its territories, and possessions at a price below the most competitive price in the local community; and (2) require the prices in overseas military retail outlets to be within the range of prices established for military retail systems stores in the United States.
(Sec. 8037) This section prohibits the use of DOD Working Capital Funds to purchase specified investment items. It also specifies requirements for the FY2021 DOD budget request.
(Sec. 8038) This section prohibits funds provided for the Central Intelligence Agency (CIA) from remaining available for obligation beyond the current fiscal year, except for funds provided for the Reserve for Contingencies, the CIA Central Services Working Capital Fund, advanced research and development acquisition, agent operations, and covert action programs authorized by the President.
(Sec. 8039) This section requires specified Defense-Wide O&M funds to be used for activities and assistance related to the mitigation of environmental impacts on Native American lands resulting from DOD activities.
(Sec. 8040) This section requires DOD to comply with the Buy American Act.
(Sec. 8041) This section prohibits funds provided by this division from being used to (1) establish a field operating agency, or (2) pay a member of the Armed Forces or civilian employee transferred or reassigned from a headquarters activity if the member or employee's place of duty remains at the location of headquarters. The section also specifies exceptions and permits waivers that will reduce personnel or financial requirements of the department.
(Sec. 8042) This section prohibits funds provided by this division from being used to convert a function performed by DOD civilian employees to performance by a contractor unless specific requirements are met.
(Sec. 8043) This section rescinds specified funds provided by prior appropriations bills for several DOD accounts.
(Sec. 8044) This section prohibits funds provided by this division from being used to reduce authorized positions for military technicians (dual status) of the Army National Guard, Air National Guard, Army Reserve, and Air Force Reserve unless the reductions are a direct result of a reduction in military force structure.
(Sec. 8045) This section prohibits funds provided by this division from being used for assistance to North Korea unless the funds are specifically appropriated for that purpose. The restriction does not apply to activities incidental to the Defense POW/MIA Accounting Agency mission to recover and identify the remains of Armed Forces personnel from North Korea.
(Sec. 8046) This section permits O&M funds provided by this division to be used to reimburse the National Guard and Reserve for providing intelligence or counterintelligence support to the combatant commands, defense agencies, and joint intelligence activities.
(Sec. 8047) This section prohibits the transfer of DOD or CIA drug interdiction or counter-drug activity funds to any other department or agency except as specifically provided in an appropriations law.
(Sec. 8048) This section prohibits funds provided by this division from being used to procure ball and roller bearings other than those produced by a domestic source and of domestic origin. It also permits DOD to waive the prohibition if adequate domestic supplies are not available and an acquisition is necessary for national security. It includes an exception for the purchase of commercial items and specifies that the restriction applies to ball or roller bearings purchased as end items.
(Sec. 8049) This section requires specified appropriations for the Working Capital Fund--Army account to be used to maintain competitive rates at the arsenals.
(Sec. 8050) This section appropriates funds to DOD for grants to the United Service Organizations and the Red Cross.
(Sec. 8051) This section prohibits funds provided by this division from being used to purchase any supercomputer not manufactured in the United States unless it is unavailable from U.S. manufacturers and is necessary for national security.
(Sec. 8052) This section requires the Small Business Innovation Research program and the Small Business Technology Transfer program set-asides to be taken proportionally from all programs, projects, or activities that contribute to the extramural budget.
(Sec. 8053) This section prohibits funds provided by this division from being used for contractor bonuses being paid due to a business restructuring.
(Sec. 8054) This section permits the transfer of specified O&M funds to pay military personnel for support and services for eligible organizations and activities outside DOD.
(Sec. 8055) This section permits DOD to dispose of negative unliquidated or unexpended balances for expired or closed accounts by charging an obligation to a current account for the same purpose as the expired or closed account, subject to specified requirements.
(Sec. 8056) This section permits the National Guard to allow the use of equipment of the National Guard Distance Learning Project by any person or entity on a space-available, reimbursable basis.
(Sec. 8057) This section requires specified O&M funds to be used for continued implementation and expansion of the Sexual Assault Special Victims' Counsel Program.
(Sec. 8058) This section prohibits the use of funds provided in title IV of this division to procure end-items for delivery to military forces for operational training, operational use, or inventory requirements. The section also includes exceptions, specifies reporting requirements, and permits a waiver for national security purposes.
(Sec. 8059) This section permits DOD to waive limitations on the procurement of defense items from a foreign country if (1) the limitations would invalidate cooperative programs or reciprocal trade agreements, and (2) the country does not discriminate against the same or similar items produced in the United States for that country. This section also includes certain exceptions.
(Sec. 8060) This section prohibits funds provided by this division or other DOD appropriations bills from being used for repairs or maintenance for military family housing units.
(Sec. 8061) This section requires DOD to submit a report to Congress before obligating specified RDT&E funds appropriated by this division for any new start advanced concept technology demonstration project or joint capability demonstration project. It permits DOD to waive the restriction by certifying to Congress that it is in the national interest.
(Sec. 8062) This section requires DOD to continue to provide a classified quarterly report to Congress on matters specified in the classified annex accompanying this division.
(Sec. 8063) This section permits a Reserve who is a member of the National Guard serving on full-time duty to support ground-based elements of the National Ballistic Missile Defense System.
(Sec. 8064) This section prohibits funds provided by this division from being used to transfer specified armor-piercing ammunition to any nongovernmental entity, except for demilitarization purposes.
(Sec. 8065) This section permits the National Guard to waive payment for leases of personal property for not more than a year to certain youth, social, charitable, or fraternal nonprofit organizations.
(Sec. 8066) This section provides for the transfer of specified Army O&M funds to other activities of the federal government for classified purposes. It permits DOD to enter into and carry out contracts for the acquisition of real property, construction, personal services, and operations related to projects carrying out the purposes of this section.
(Sec. 8067) This section prohibits funds from being used to make specified modifications to the budget and appropriations process for the National Intelligence Program.
(Sec. 8068) This section provides appropriations to remain available until expended for grants for the construction and furnishing of additional Fisher Houses to meet the needs of military family members confronted with the illness or hospitalization of an eligible military beneficiary.
(Sec. 8069) This section permits the transfer of specified Navy O&M funds to the John C. Stennis Center for Public Service Training and Development Trust Fund.
(Sec. 8070) This section prohibits DOD funds from being used to modify command and control relationships to give Fleet Forces Command operational and administrative control of U.S. Navy forces assigned to the Pacific fleet.
It also provides that command and control relationships that existed on October 1, 2004, shall remain in effect until a written modification has been proposed to congressional appropriations committees.
The proposed modification (1) may be implemented 30 days after the committees are notified unless an objection is received from the committees, and (2) may not preclude the ability of the commander of the U.S. Pacific Command to meet operational requirements.
(Sec. 8071) This section specifies that certain congressional notifications regarding rapid acquisition and deployment procedures must be submitted concurrently to the congressional defense appropriations subcommittees, in addition to the congressional armed services and appropriations committees.
(Sec. 8072) This section provides specified Procurement and RDT&E funds for the Israeli Cooperative Programs. It also specifies funding for the Iron Dome defense system for countering short-range rocket threats, the Short Range Ballistic Missile Defense program, and related programs.
(Sec. 8073) This section permits specified Shipbuilding and Conversion--Navy funds to remain available through FY2020 to fund prior year shipbuilding cost increases. It also requires the funds to be transferred to specified accounts.
(Sec. 8074) This section deems funds provided by this division for intelligence activities to be authorized by Congress during FY2020 until the enactment of the Intelligence Authorization Act for FY2020.
(Sec. 8075) This section prohibits funds appropriated by this division from being used for a reprogramming of funds that creates or initiates a new program, project, or activity unless it must be undertaken immediately for national security and Congress is notified in advance.
(Sec. 8076) This section requires the President's budget to include separate budget justification documents for the costs of the Armed Forces' participation in contingency operations for the Military Personnel, O&M, Procurement, and RDT&E accounts.
(Sec. 8077) This section prohibits funds provided by this division from being used for research, development, test, evaluation, procurement, or deployment of nuclear armed interceptors of a missile defense system.
(Sec. 8078) This section permits DOD to use specified funds for the rapid acquisition and deployment of supplies and associated support services pursuant to the Bob Stump National Defense Authorization Act for Fiscal Year 2003, subject to specified restrictions and funding limits.
(Sec. 8079) This section prohibits funds provided by this division from being used to reduce or disestablish the operation of the 53rd Weather Reconnaissance Squadron of the Air Force Reserve if the action would reduce the WC-130 Weather Reconnaissance mission below the levels funded in this division. It permits the squadron to perform other missions in support of national defense requirements during the non-hurricane season.
(Sec. 8080) This section prohibits funds provided by this division from being used for integrating foreign intelligence information unless the information has been lawfully collected and processed during authorized foreign intelligence activities.
It also requires information pertaining to U.S. persons to be handled in accordance with the Fourth Amendment of the U.S. Constitution as implemented through Executive Order No. 12333 (United States Intelligence Activities).
(Sec. 8081) This section prohibits funds provided by this division from being used to transfer research and development, acquisition, or other program authority related to current tactical unmanned aerial vehicles from the Army.
It also requires the Army to retain responsibility for and operational control of the MQ-1C Gray Eagle Unmanned Aerial Vehicle.
(Sec. 8082) This section prohibits funds provided by this division for programs of the Office of the Director of National Intelligence (ODNI) from being obligated beyond the current fiscal year except for research and technology funds, which remain available through FY2021.
(Sec. 8083) This section provides for the adjustment of obligations within the Shipbuilding and Conversion--Navy appropriation.
(Sec. 8084) This section requires the ODNI to submit a report to Congress establishing the baseline for application of reprogramming and transfer authorities for FY2020. It also prohibits funds provided by this division for the National Intelligence Program from being transferred or reprogrammed until the report is submitted unless the action is necessary for an emergency.
(Sec. 8085) This section requires transfers of funds for support to friendly countries in connection with the conduct of operations in which the United States is not participating to be made in accordance with sections 8005 or 9002 of this division, which specify procedures and requirements for transferring funds.
(Sec. 8086) This section requires transfers of funds from the Department of Defense Acquisition Workforce Development Fund to a military department or defense agency to be covered by and subject to sections 8005 or 9002 of this division, which specify procedures and requirements for transferring funds.
(Sec. 8087) This section prohibits certain funds provided by this division from being used to support any military training or operation that includes child soldiers unless the assistance is permitted by the Child Soldiers Prevention Act of 2008.
(Sec. 8088) This section specifies restrictions and requirements for reprogramming or transferring funds provided to the National Intelligence Program.
(Sec. 8089) This section specifies the committees that are included as congressional intelligence committees for the purposes of this division.
(Sec. 8090) This section permits specified O&M funds provided in title II of this division to be transferred by the military department concerned to its central fund established for Fisher Houses and Suites.
(Sec. 8091) This section prohibits funds provided by this division from being used for making remittances to the Defense Acquisition Workforce Development Fund.
(Sec. 8092) This section requires agencies receiving funds in this division to post reports required to be submitted to Congress on the public website of the agency if it serves the national interest, subject to exceptions for national security or proprietary information.
(Sec. 8093) This section prohibits funds provided by this division from being used for federal contracts in excess of $1 million unless the contractor meets specific requirements regarding the resolution of claims under title VII of the Civil Rights Act of 1964 (discrimination based on race, color, religion, sex, or national origin). DOD may waive the requirements to avoid harm to national security.
(Sec. 8094) This section makes specified funds provided by this division for the Defense Health Program available to be transferred to the Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund for operations of the integrated Captain James A. Lovell Federal Health Care Center and supporting facilities.
(Sec. 8095) This section prohibits funds provided by this division from being used to (1) provide certain missile defense information to the Russian Federation, subject to an exception for information regarding ballistic missile early warning; or (2) integrate a missile defense system of the Russian Federation or a missile defense system of the People's Republic of China into any missile defense system of the United States.
(Sec. 8096) This section permits DOD funds to be used to purchase armored vehicles for the physical security of personnel or force protection and limits the cost per vehicle.
(Sec. 8097) This section permits the ODNI to transfer specified funds provided by this division for the National Intelligence Program with the approval of the Office of Management and Budget, subject to certain requirements and restrictions.
(Sec. 8098) This section prohibits funds from being used to transfer or release certain individuals detained at U.S. Naval Station, Guantanamo Bay, Cuba (Guantanamo) who are not U.S. citizens or members of the Armed Forces into the United States, its territories, or possessions.
(Sec. 8099) This section prohibits funds provided by this division from being used to transfer individuals detained at Guantanamo to a country of origin or other foreign country or entity unless DOD makes certain certifications.
(Sec. 8100) This section prohibits funds provided by this division from being used to violate the Wars Powers Resolution.
(Sec. 8101) This section prohibits funds from being used to enter into specified agreements and transactions with Russian arms supplier Rosoboronexport. It also permits DOD to waive the restriction if specific conditions are met.
(Sec. 8102) This section prohibits funds provided by this division from being used for the purchase or manufacture of U.S. flags unless they are treated as covered items under Buy American requirements.
(Sec. 8103) This section prohibits funds from being used to construct, acquire, or modify any U.S. facility (other than the facility at Guantanamo Bay, Cuba) to house certain individuals detained at Guantanamo who are not U.S. citizens or members of the Armed Forces.
(Sec. 8104) This section permits funds provided by this division to be used to provide ex gratia payments to local military commanders for damage, personal injury, or death that is incident to combat operations of the Armed Forces in a foreign country.
(Sec. 8105) This section requires DOD to post grant awards on a public website in a searchable format.
(Sec. 8106) This section specifies requirements for proportionally allocating reductions required under current law for each RDT&E and Procurement account.
(Sec. 8107) This section prohibits the National Security Agency (NSA) from using funds provided by this division to target a U.S. person under specified authorities granted by the Foreign Intelligence Surveillance Act of 1978 (FISA).
(Sec. 8108) This section prohibits the transfer of administrative responsibilities or budgetary resources of any program, project, or activity financed by this division to another federal agency not financed by this division without the express authorization of Congress. It includes an exception for transfers of funds expressly provided for in defense appropriations bills.
(Sec. 8109) This section permits specified Navy O&M funds to be used for the National Defense Reserve Fleet and for reimbursements to the Ready Reserve Force--Maritime Administration account of the Department of Transportation for expenses related to the National Defense Reserve Fleet.
(Sec. 8110) This section prohibits funds provided by this division from being used to initiate or expand support for foreign forces, irregular forces, groups, or individuals supporting U.S. Special Operations Forces activities to combat terrorism unless Congress is notified in advance in accordance with the classified annex of this division.
(Sec. 8111) This section prohibits funds provided by this division from being used for activities in Iraq in contravention of the War Powers Resolution.
(Sec. 8112) This section requires DOD to submit specified reports to Congress detailing the submission of records during the previous six months to databases accessible to the National Instant Criminal Background Check System.
(Sec. 8113) This section prohibits funds provided by this division for the T-AO Fleet Oiler program from being used to award a new contract that provides for the acquisition of certain components unless the components are manufactured in the United States.
(Sec. 8114) This section prohibits funds from being transferred from the Defense Acquisition Workforce Development Fund to the Rapid Prototyping Fund or credited to a military department-specific fund established to carry out an acquisition program under the rapid prototyping pathway.
(Sec. 8115) This section prohibits funds provided by this division from being used for Government Travel Charge Card expenses for gaming or for entertainment that includes topless or nude entertainers or participants.
(Sec. 8116) This section permits specified O&M funds provided by title II of this division to be used for a project in a country designated by the Secretary of Defense.
(Sec. 8117) This section prohibits funds provided by this division from being used to deliver F-35 air vehicles or any other F-35 weapon system equipment to Turkey, except in accordance with specified provisions of the National Defense Authorization Act for Fiscal Year 2020.
(Sec. 8118) This section permits DOD to use specified funds to develop, replace, and sustain federal government security and suitability background investigation information technology systems of the Office of Personnel Management or other federal agency responsible for conducting such investigations. Specifies reprogramming and transfer procedures for the funds.
(Sec. 8119) This section prohibits funds provided by this division from being used for any computer network that does not block access to pornography websites, with exceptions for criminal investigations, prosecution, or adjudication activities; or for any activity necessary for the national defense, including intelligence activities.
(Sec. 8120) This section specifies that transfers of certain funds provided by this division for the Global Engagement Center must be made in accordance with the procedures and requirements set forth in section 8005 or 9002 of this division.
(Sec. 8121) This section provides additional O&M funds that are only available to DOD, or for transfer to the Department of Education, to make grants, conclude cooperative agreements, or supplement federal funds to construct, renovate, repair, or expand elementary and secondary public schools on military installations to address capacity or facility condition deficiencies.
(Sec. 8122) This section prohibits funds provided by this division from being used to close or realign the U.S. Naval Station, Guantanamo Bay, Cuba.
(Sec. 8123) This section requires certain DOD programs that provide assisted reproductive services for seriously ill or injured active duty service members to be carried out without time limits on the duration of embryo cryopreservation and storage.
(Sec. 8124) This section prohibits funds provided by this division from being used to provide arms, training, or other assistance to the Azov Battalion.
(Sec. 8125) This section prohibits funds provided by this division from being used to provide certain military equipment if DOD determines that providing the equipment will undermine readiness.
(Sec. 8126) This section permits DOD to use funds for procurement or for RDT&E for the F-35 Joint Strike Fighter to modify up to six F-35 aircraft, including up to two F-35 aircraft of each variant, to a test configuration, subject to congressional notification requirements.
(Sec. 8127) This section permits funds provided for the Defense Health Program to be used to make death gratuity payments if no appropriations for Military Personnel are available for the payments.
(Sec. 8128) This section prohibits funds provided by this division from being used for specified transactions with any corporation with certain unpaid federal tax liabilities, unless an agency has considered suspension or debarment of the corporation and decided that further action is not necessary to protect the interests of the government.
(Sec. 8129) This section prohibits funds provided by this division from being used in contravention of specified requirements for federal agencies regarding (1) consultation and coordination with Indian tribal governments when developing policies that have tribal implications; and (2) early consultation with state and local agencies, Indian tribes, and interested private persons and organizations during the process of complying with the National Environmental Policy Act (NEPA).
(Sec. 8130) This section excludes advance billings for background investigation services and related services purchased from activities financed using Defense Working Capital Funds from certain limits that apply to advance billings for DOD working capital funds for FY2020.
(Sec. 8131) This section prohibits funds provided by this division from being used to transfer the National Reconnaissance Office to the Space Force.
(Sec. 8132) This section requires DOD to submit to the congressional appropriations committees certain required reports regarding transgender applicants and service members who received certain waivers of and exceptions to DOD policies to allow enlistment or retention in the military.
(Sec. 8133) This section reduces the total amount appropriated by this division to reflect savings due to favorable foreign exchange rates.
TITLE IX--OVERSEAS CONTINGENCY OPERATIONS/GLOBAL WAR ON TERRORISM
This title provides additional FY2020 appropriations to DOD accounts for Overseas Contingency Operations (OCO)/ the Global War on Terrorism. (OCO funds are exempt from discretionary spending limits and other budget enforcement rules.)
The title provides appropriations for Active-Duty and Reserve Personnel in the Army, Navy, Marine Corps, Air Force (the military departments), and for National Guard personnel in the Army and Air Force.
The title provides appropriations for O&M for the military departments, other agencies of DOD, the Reserve Components, and the Army and Air National Guard.
The title provides appropriations for the Afghanistan Security Forces Fund and the Counter-Islamic State of Iraq and Syria Train and Equip Fund.
The title provides appropriations for Procurement by the military departments and other DOD agencies.
The title provides appropriations for RDT&E for the military departments and other DOD agencies.
The title provides appropriations for the Defense Working Capital Funds.
The title provides appropriations for other DOD Programs, including
(Sec. 9001) This section specifies that funds made available in this title are in addition to amounts appropriated to DOD for FY2020.
(Sec. 9002) This section permits DOD to transfer specified funds between the appropriations in this title if it is in the national interest, the Office of Management and Budget approves, and Congress is notified.
(Sec. 9003) This section permits supervision, administration, and design costs for a construction project funded with O&M or the Afghanistan Security Forces Fund in direct support of overseas contingency operations in Afghanistan to be obligated when a construction contract is awarded.
(Sec. 9004) This section permits DOD to use funds appropriated in this title to purchase motor vehicles for use by military and civilian DOD employees in the U.S. Central Command area of responsibility. It also limits the cost of each passenger and armored vehicle.
(Sec. 9005) This section permits specified Army O&M funds to be used for the Commander's Emergency Response Program for humanitarian relief and reconstruction assistance in Afghanistan.
(Sec. 9006) This section permits DOD O&M funds to be used to provide supplies, services, transportation, including airlift and sealift, and other logistical support to allied forces participating in a combined operation with U.S. and coalition forces supporting military and stability operations in Afghanistan and to counter the Islamic State of Iraq and Syria. It also requires DOD to report quarterly to Congress regarding support provided under this section.
(Sec. 9007) This section prohibits funds from being used to (1) establish any military installation or base for providing for the permanent stationing of Armed Forces in Iraq or Afghanistan, or (2) exercise U.S. control over any oil resource of Iraq.
(Sec. 9008) This section prohibits funds provided by this division from being used in contravention of specified laws or regulations implementing the United Nations Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment.
(Sec. 9009) This section prohibits funds provided for the Afghanistan Security Forces Fund from being obligated prior to the approval of a financial and activity plan by the Afghanistan Resources Oversight Council of DOD.
(Sec. 9010) This section permits O&M funds provided in this title to be used to purchase items with an investment unit cost of up to $250,000. It also permits the purchase of items with an investment cost of up to $500,000 if DOD determines that it is necessary to meet the operational requirements of a Commander of a Combatant Command engaged in contingency operations overseas.
(Sec. 9011) This section permits specified funds provided by this division for the Defense Security Cooperation Agency and Defense-Wide Operation and Maintenance to be used to provide assistance to the government of Jordan to support the armed forces of Jordan and to enhance security along its borders.
(Sec. 9012) This section prohibits funds provided by this division for the Counter-ISIS Train and Equip Fund from being used to procure or transfer man-portable air defense systems.
(Sec. 9013) This section provides additional funding for the Ukraine Security Assistance Initiative for (1) assistance, including training; equipment; lethal assistance; logistics support, supplies and services; sustainment; and intelligence support to the military and national security forces of Ukraine; and (2) replacement of any weapons or articles provided to Ukraine from the U.S. inventory.
It permits DOD to accept equipment procured using funds provided under this section or prior Acts that was transferred to the security forces of Ukraine and returned to the United States.
(Sec. 9014) This section permits funds provided by this title to be used for the replacement of funds for items provided to the government of Ukraine from the U.S. inventory, to the extent that it is permitted by section 9013 of the division.
(Sec. 9015) This section prohibits funds provided by this division under section 9013 for the Ukraine Security Assistance Initiative from being used to procure or transfer man-portable air defense systems.
(Sec. 9016) This section permits certain equipment that was procured using the Counterterrorism Partnerships Fund for the program to provide assistance to vetted elements of the Syrian opposition to be transferred to foreign security forces, irregular forces, groups, or individuals, authorized to receive assistance from the Counter-ISIS Train and Equip Fund.
(Sec. 9017) This section prohibits DOD O&M funds from being used for payments to Pakistan as reimbursement for support provided to U.S. military operations unless DOD certifies to Congress that the government of Pakistan has met specific conditions. It permits DOD to waive the restriction for national security.
(Sec. 9018) This section provides additional funding to DOD to improve near-term intelligence, surveillance, and reconnaissance capabilities and related processing, exploitation, and dissemination functions.
(Sec. 9019) This section prohibits the use of funds for Syria in contravention of the War Powers Resolution.
(Sec. 9020) This section prohibits funds appropriated by this division from being used to transfer additional C-130 cargo aircraft to the Afghan National Security Forces or the Afghanistan Air Force until DOD reports to Congress regarding the Afghanistan Air Force's medium airlift requirements.
(Sec. 9021) This section provides that, if specified certification and reporting requirements are met, the Afghanistan Security Forces Fund may be used to provide a unit of the security forces of Afghanistan with limited training, equipment, and other assistance that would otherwise be prohibited under provisions of current law that prohibit assistance for foreign security forces that committed a gross violation of human rights
(Sec. 9022) This section prohibits funds provided by this division from being made available for any member of the Taliban except to support a reconciliation activity that includes the participation of members of the government of Afghanistan, does not restrict the participation of women, and is authorized by specified provisions of the National Defense Authorization Act for Fiscal Year 2020.
(Sec. 9023) This section rescinds specified funds from various DOD accounts and programs.
(Sec. 9024) This section provides that nothing in the division may be construed as authorizing the use of force against Iran.
TITLE IX--NATURAL DISASTER RELIEF
This title provides additional appropriations to various DOD accounts for necessary expenses related to the consequences of Hurricanes Michael and Florence, and flooding and earthquakes occurring in FY2019.
The bill designates funding as emergency spending, which is exempt from discretionary spending limits.
Specifically, the title provides the additional appropriations for
(Sec. 10001) This section specifies that the funds provided by this title may only be used for the purposes specified under the relevant heading of this title.
DIVISION B--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES APPROPRIATIONS ACT, 2020
Commerce, Justice, Science, and Related Agencies Appropriations Act, 2020
This division provides FY2020 appropriations to the Department of Commerce, the Department of Justice (DOJ), the science agencies, and several related agencies.
TITLE I--DEPARTMENT OF COMMERCE
Department of Commerce Appropriations Act, 2020
This title provides appropriations to the Department of Commerce for
The title provides appropriations to the National Institute of Standards and Technology (NIST) for
The title provides appropriations to the National Oceanic and Atmospheric Administration (NOAA) for
The title provides appropriations for Departmental Management for
(Sec. 101) This section permits funds provided by this division to be used for advanced payments (prior to the receipt of goods, services, or other assets) that are not otherwise authorized only if designated Commerce officials certify that the payments are in the public interest.
(Sec. 102) This section permits funds provided by this division to be used for hiring passenger motor vehicles, employment of temporary or intermittent experts and consultants, and the purchase of uniforms.
(Sec. 103) This section permits the transfer of funds between Commerce accounts, subject to specified limitations and requirements. It also requires Commerce to notify Congress prior to the acquisition or disposal of any capital asset not provided for in an Act providing appropriations to Commerce.
(Sec. 104) This section extends requirements for NOAA to make and report to Congress on determinations regarding the identification and management of technical, cost, and schedule risk; the reliance on demonstrated technologies; and compliance with relevant policies, prior to entering into a contract for a major program with a life cycle cost of more than $250 million.
It also specifies the life cycle costs for the Joint Polar Satellite System and the Geostationary Operational Environmental Satellite R-Series Program.
(Sec. 105) This section permits Commerce to (1) furnish services to facilitate the use or occupancy of Department of Commerce buildings, and (2) credit specified reimbursements received for the services to the appropriation or fund that bears the cost of the services.
(Sec. 106) This section specifies that grant recipients may continue to deter child pornography, copyright infringement, or any other unlawful activity over their networks.
(Sec. 107) This section permits NOAA to use, with consent and reimbursement, resources of other federal, state, local, and international entities to carry out the responsibilities of any statute administered by NOAA.
(Sec. 108) This section prohibits the National Technical Information Service from charging for copies of reports or documents generated by the legislative branch unless the service has provided information on how a copy may be obtained for free online. Any charge must be limited to the service's cost.
(Sec. 109) This section permits NOAA to work with federal and nonfederal agencies and governments by entering into agreements; using land, services, equipment, personnel, and facilities provided by the entities; or receiving and expending funds made available on a consensual basis.
(Sec. 110) This section permits the Economics and Statistics Administration, the Bureau of Economic Analysis, and the Census Bureau to use funds to enter into cooperative agreements to assist in improving statistical methodology and research.
(Sec. 111) This section establishes the Department of Commerce Nonrecurring Expenses Fund for information and business technology system modernization and provides appropriations to the fund for business application system modernization.
(Sec. 112) This section requires Commerce to publish in the Federal Register the report on the findings of the investigation into the effect on national security of imports of automobiles and automotive parts that Commerce initiated on May 23, 2018, under the Trade Expansion Act of 1962. Commerce must submit any portion of the report that contains classified information to Congress to be viewed only by Members of Congress and their staff with appropriate security clearances.
TITLE II--DEPARTMENT OF JUSTICE
Department of Justice Appropriations Act, 2020
This title provides FY2020 appropriations to the Department of Justice (DOJ).
The title provides appropriations to DOJ for General Administration for (1) Salaries and Expenses, and (2) Justice Information Sharing Technology.
In addition, the title provides appropriations for
The title provides appropriations for Legal Activities, including
The title provides appropriations to the U.S. Marshals Service for
The title provides appropriations to DOJ for
The title provides appropriations to the Office On Violence Against Women for Violence Against Women Prevention and Prosecution Programs.
The title provides appropriations to the Office of Justice Programs for
The title provides appropriations for Community Oriented Policing Services (COPS) programs.
(Sec. 201) This section provides additional funds to the Attorney General for official reception and representation expenses.
(Sec. 202) This section prohibits funds provided by this title from being used to pay for an abortion, except where the life of the mother would be endangered if the fetus were carried to term, or in the case of rape or incest.
(Sec. 203) This section prohibits funds provided by this title from being used to require any person to perform or facilitate the performance of an abortion.
(Sec. 204) This section specifies that (1) section 203 of this title does not remove the obligation of the Bureau of Prisons to provide escort services to an inmate receiving an abortion outside of a federal facility, and (2) nothing in this section diminishes the effect of section 203 intended to address the philosophical beliefs of individual employees of the Bureau of Prisons.
(Sec. 205) This section sets forth requirements and procedures for transferring and reprogramming DOJ funds provided by this division.
(Sec. 206) This section prohibits the FBI or the Marshals Service from using funds provided by this title to transport prisoners classified as maximum or high security, other than to a facility certified by the Bureau of Prisons as appropriately secure.
(Sec. 207) This section prohibits federal prisons from using funds provided by this division to purchase cable television services, or to rent or purchase audiovisual or electronic media or equipment used primarily for recreational purposes. Exceptions are included for inmate training, religious, or educational programs.
(Sec. 208) This section prohibits funds provided by this title from being used for a new or enhanced information technology program with estimated development costs exceeding $100 million unless the Deputy Attorney General and the Department Investment Review Board certify to Congress that the program (1) has appropriate program management controls and contractor oversight mechanisms in place, and (2) is compatible with DOJ enterprise architecture.
(Sec. 209) This section requires DOJ to follow reprogramming procedures for (1) any deviation from the amounts designated for specific activities in this division or the explanatory statement, or (2) for any use of deobligated balances of funds provided by this title in previous years.
(Sec. 210) This section prohibits funds provided by this division from being used for a public-private competition for work performed by employees by the Bureau of Prisons or Federal Prison Industries, Incorporated.
(Sec. 211) This section prohibits U.S. Attorneys from holding dual or additional responsibilities that exempt them from statutory residency requirements.
(Sec. 212) This section permits specified grant and reimbursement program funds made available to the Office of Justice Programs to be used for training and technical assistance. It also permits specified funds to be used for criminal justice research, evaluations, and statistics by the National Institute of Justice and the Bureau of Justice Statistics for the grant or reimbursement programs.
(Sec. 213) This section permits DOJ to waive matching requirements for Second Chance Act adult and juvenile reentry demonstration projects; state, tribal, and local reentry courts; and drug treatment programs.
DOJ may also waive the matching requirements for grants authorized by the Prison Rape Elimination Act of 2003 to protect inmates and safeguard communities.
(Sec. 214) This section waives the requirement that DOJ reserve certain funds provided for offender incarceration for payments for incarceration on tribal lands.
(Sec. 215) This section prohibits funds, other than funds for the National Instant Criminal Background Check System established under the Brady Handgun Violence Prevention Act, from being used to transfer an operable firearm to a known or suspected agent of a drug cartel if law enforcement personnel do not continuously monitor or control the firearm.
(Sec. 216) This section establishes limitations and requirements for the obligation of specified funds from the Department of Justice Working Capital Fund and the Assets Forfeiture Fund.
(Sec. 217) This section permits funds provided by this division for the Office of Justice Programs to be used to participate in Performance Partnership Pilot collaboration programs.
(Sec. 218) This section specifies authorities and requirements for a fund that supports debt collection management and financial systems.
(Sec. 219) This section increases the threshold for balances in the United States Trustees System Fund.
TITLE III--SCIENCE
Science Appropriations Act, 2020
This title provides appropriations to (1) the Office of Science and Technology Policy, and (2) the National Space Council.
The title provides appropriations to the National Aeronautics and Space Administration (NASA) for
The title includes administrative provisions for NASA that establish requirements and procedures for the availability of funds for an announced prize, the reprogramming and transfer of funds provided by this division, and NASA's spending plan.
No more than 40% of the funds provided by this division for the Gateway; Advanced Cislunar and Surface Capabilities; Commercial LEO Development; and Lunar Discovery and Exploration, excluding the Lunar Reconnaissance Orbiter, may be obligated until NASA submits a multi-year plan to Congress.
The title provides appropriations to the National Science Foundation (NSF) for
The title establishes requirements for the transfer or reprogramming of funds provided by this division to the NSF.
The title also establishes congressional notification requirements regarding any planned divestment through transfer, decommissioning, termination, or deconstruction of any NSF-owned facilities or any NSF capital assets (including land, structures, and equipment) valued greater than $2.5 million.
TITLE IV--RELATED AGENCIES
This title provides appropriations for related agencies, including
The title specifies restrictions, terms, and conditions on the use of funds by the Legal Services Corporation.
TITLE V--GENERAL PROVISIONS
(Sec. 501) This section prohibits funds provided by this division from being used for publicity or propaganda purposes that are not authorized by Congress.
(Sec. 502) This section prohibits funds provided by this division from remaining available for obligation beyond the current fiscal year, unless expressly permitted in the division.
(Sec. 503) This section limits expenditures for consulting services to contracts where the expenditures are a matter of public record and available for public inspection, unless otherwise provided by law or executive order.
(Sec. 504) This section provides that if any provision of this division or the application of the provision is held invalid, the remainder of the division is not affected.
(Sec. 505) This section establishes restrictions and requirements for the reprogramming of funds provided by this division.
(Sec. 506) This section prohibits funds provided by this division from being used to award contracts or subcontracts to a person who has been found to have intentionally affixed a Made in America label to any product that was not made in America. It also requires promotional items purchased using funds provided by this division to be manufactured, produced, or assembled in the United States or its territories or possessions, to the extent it is practicable.
(Sec. 507) This section requires Commerce, DOJ, the NSF, and NASA to provide quarterly reports to Congress regarding the status of balances of appropriations at the account level.
(Sec. 508) This section requires costs incurred by agencies for personnel actions due to funding reductions in this division to be absorbed within the budgetary resources available to the department or agency. It also (1) provides transfer authority between appropriation accounts to carry out this provision, subject to reprogramming procedures; and (2) specifies that this section applies to Commerce actions taken for the care and protection of loan collateral or grant property.
(Sec. 509) This section prohibits funds provided by this division from being used to promote the sale or export of tobacco or tobacco products, or to seek the reduction or removal of foreign restrictions on the marketing of tobacco products, except for restrictions which are not applied equally to all products of the same type.
(Sec. 510) This section establishes obligation limits for funds from the Crime Victims Fund. It also requires specified funds to be provided to (1) the DOJ Office of Inspector General for oversight and auditing purposes, and (2) the Office for Victims of Crime for grants to Native American tribes to improve services for victims of crime.
(Sec. 511) This section prohibits DOJ from using funds provided by this division to discriminate against or denigrate the religious or moral beliefs of students who participate in programs for which financial assistance is provided, or of the parents or legal guardians of the students.
(Sec. 512) This section prohibits the transfer of funds provided by this division to a department, agency, or instrumentality of the U.S. government, unless the transfer is pursuant to an appropriations Act.
(Sec. 513) This section establishes timetables and procedures for specified audits by Inspectors General of the departments and agencies funded in this division.
(Sec. 514) This section prohibits Commerce, DOJ, NASA, or the NSF from using funds provided by this division to acquire certain information systems unless the agency has
(Sec. 515) This section prohibits funds provided by this division from being used to support or justify the use of torture by any official or contract employee of the U.S. government.
(Sec. 516) This section prohibits the use of funds provided by this division to include specified patent provisions from the United States-Singapore Free Trade Agreement, the United States-Australia Free Trade Agreement, or the United States-Morocco Free Trade Agreement in any new bilateral or multilateral trade agreement.
(Sec. 517) This section prohibits funds provided by this division from being used to authorize or issue a national security letter (NSL) in violation of specified laws authorizing the FBI to issue an NSL. (An NSL is a written directive, comparable to an administrative subpoena, used by law enforcement and intelligence agencies to demand certain information from third parties such as telecommunication providers, financial institutions, and consumer credit reporting agencies.)
(Sec. 518) This section requires congressional notification regarding Commerce, DOJ, NSF, or NASA projects that total more than $75 million and are expected to have cost increases of at least 10%.
(Sec. 519) This section deems funds provided by this division for intelligence or intelligence-related activities as authorized by Congress during FY2020 until the enactment of the Intelligence Authorization Act for FY2020.
(Sec. 520) This section prohibits contracts or grant awards above $5 million unless the prospective contractor or grantee certifies that the organization has filed all federal tax returns, has not been convicted of a criminal offense under the Internal Revenue Code, and has no unpaid federal tax assessment.
(Sec. 521) This section rescinds specified unobligated balances from prior appropriations to DOJ, Commerce, and NASA. It also establishes reporting requirements regarding the rescissions.
(Sec. 522) This section prohibits funds provided by this division from being used to purchase first class or premium airline travel in violation of specified federal travel regulations.
(Sec. 523) This section prohibits funds provided by this division from being used to pay for the attendance of more than 50 department or agency employees at any single conference outside the United States. The section includes exceptions for certain law enforcement and scientific conferences if specified requirements are met.
(Sec. 524) This section requires the Office of Management and Budget to direct departments, agencies, and instrumentalities funded by this division to track undisbursed balances in expired grant accounts and include specified details in annual performance and accountability reports.
(Sec. 525) This section requires funds provided by this division to be used to purchase light bulbs that are Energy Star qualified or have the Federal Energy Management Program designation.
(Sec. 526) This section prohibits NASA, the Office of Science and Technology Policy, or the National Space Council from using funds provided by this division to engage in bilateral activities with China or a Chinese-owned company or host official Chinese visitors at certain facilities unless the activities are authorized by subsequent legislation or the agency has made a specified certification to Congress regarding an activity.
(Sec. 527) This section prohibits funds provided by this division from being used for a computer network that does not block pornography, except for law enforcement purposes.
(Sec. 528) This section requires specified agencies funded by this division to submit spending plans to Congress.
(Sec. 529) This section prohibits funds provided by this division from being used to pay award or incentive fees for contractors with performance that is below satisfactory or does not meet the basic requirements of the contract.
(Sec. 530) This section prohibits DOJ or the DEA from using funds provided by this division in contravention of a provision of the Agricultural Act of 2014 that permits an institution of higher education or a state department of agriculture to grow or cultivate industrial hemp for research purposes.
(Sec. 531) This section prohibits DOJ from using funds provided by this division to prevent specified states, the District of Columbia, the Northern Mariana Islands, the U.S. Virgin Islands, Guam, or Puerto Rico from implementing their own laws authorizing the use, distribution, possession, or cultivation of medical marijuana.
(Sec. 532) This section requires Commerce, NASA, NSF, and the Office of Science and Technology Policy to report monthly to Congress on official travel of employees to China.
(Sec. 533) This section requires at least 10% of the funds provided by this division for specified programs to be allocated for assistance in persistent poverty counties. A persistent poverty county is a county that has had at least 20% of its population living in poverty over the past 30 years, as measured by the 1990 and 2000 decennial censuses and the most recent Small Area Income and Poverty Estimates, or any U.S. territory or possession.
(Sec. 534) This section prohibits funds from being used to transfer or release any individual detained at U.S. Naval Station, Guantanamo Bay, Cuba (Guantanamo) who is not a U.S. citizen or member of the Armed Forces into the United States, its territories, or possessions.
(Sec. 535) This section prohibits funding from being used to construct, acquire, or modify any U.S. facility (other than the facility at Guantanamo Bay, Cuba) to house any individual detained at Guantanamo.
(Sec. 536) This section limits the formulation and development costs for the James Webb Space Telescope.
(Sec. 537) This section prohibits funds from being used to require export licenses for exporting components, parts, or attachments for certain firearms to Canada.
(Sec. 538) This section prohibits funds from being used to deny certain import applications for firearms, parts, or ammunition that are curios or relics. (Curios or relics are firearms which are of special interest to collectors by reason of some quality other than is associated with firearms intended for sporting use or as offensive or defensive weapons.)
(Sec. 539) This section prohibits funds from being used to deny or fail to act on application for the importation of any shotgun model if (1) all other requirements of law with respect to the proposed importation are met, and (2) no application for the importation of models in the same configuration had been denied by DOJ prior to January 1, 2011, on the basis that the shotgun was not particularly suitable for or readily adaptable to sporting purposes.
(Sec. 540) This section prohibits funds provided by this division from being used to implement the Arms Trade Treaty regulating international trade in conventional arms until it is ratified by the Senate.
DIVISION C--FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS ACT, 2020
Financial Services and General Government Appropriations Act, 2020
This division provides FY2020 appropriations to agencies responsible for
TITLE I--DEPARTMENT OF THE TREASURY
Department of the Treasury Appropriations Act, 2020
This title provides appropriations to the Department of the Treasury for Departmental Offices, including
The title provides appropriations to Treasury for
The title provides appropriations to the Internal Revenue Service (IRS) for
(Sec. 101) This section permits the IRS to transfer IRS appropriations provided by this division to other IRS accounts with the advance approval of Congress. The transfers may not exceed (1) 4% of IRS appropriations provided by this division for Enforcement, and (2) 5% of any other IRS appropriation provided by this division.
(Sec. 102) This section requires the IRS to maintain an employee training program that includes taxpayers' rights, dealing courteously with taxpayers, cross-cultural relations, ethics, and the impartial application of tax law.
(Sec. 103) This section requires the IRS to institute and enforce policies and procedures to safeguard the confidentiality of taxpayer information and protect taxpayers against identity theft.
(Sec. 104) This section makes funds available for improved facilities and increased staffing to provide sufficient and effective 1-800 help line service for taxpayers. The IRS must continue to make improvements to the help line service a priority and allocate resources necessary to enhance the response time to taxpayer communications, particularly with regard to victims of tax-related crimes.
(Sec. 105) This section requires the IRS to (1) issue a notice of confirmation of any address changes relating to an employer making employment tax payments, and (2) give special consideration to an offer-in-compromise from a taxpayer who has been the victim of fraud by a third party payroll tax preparer.
(Sec. 106) This section prohibits the IRS from using funds provided by this division to target U.S. citizens for exercising any rights guaranteed under the First Amendment to the U.S. Constitution.
(Sec. 107) This section prohibits the IRS from using funds provided by this division to target groups for regulatory scrutiny based on their ideological beliefs.
(Sec. 108) This section requires the IRS to comply with certain procedures and policies for conference spending that were recommended by the Treasury Inspector General for Tax Administration.
(Sec. 109) This section prohibits the IRS from using funds provided by this division for providing employee bonuses or rehiring former employees without considering conduct and federal tax compliance.
(Sec. 110) This section prohibits the IRS from using funds provided by this division to violate the confidentiality of tax returns and return information.
(Sec. 111) This section permits Treasury to use funds provided by this division for
(Sec. 112) This section permits certain transfers between Treasury accounts, subject to congressional approval and specified requirements.
(Sec. 113) This section permits the IRS to transfer certain funds to the Treasury Inspector General for Tax Administration, subject to congressional approval and specified requirements.
(Sec. 114) This section bars Treasury or the Bureau of Engraving and Printing from using funds to redesign the $1 Federal Reserve note.
(Sec. 115) This section permits Treasury to transfer funds from the Bureau of Fiscal Services--Salaries and Expenses account to the Debt Collection Fund to cover the costs of debt collection. It also requires the transferred amounts to be reimbursed from debt collections received in the fund.
(Sec. 116) This section prohibits the U.S. Mint from using funds to construct or operate any museum without congressional approval.
(Sec. 117) This section prohibits funds from being used to merge the U.S. Mint and the Bureau of Engraving and Printing without congressional approval.
(Sec. 118) This section deems funds provided for Treasury's intelligence or intelligence-related activities as authorized for FY2020 until the enactment of the Intelligence Authorization Act for FY2020.
(Sec. 119) This section permits up to $5,000 to be made available from the Bureau of Engraving and Printing's Industrial Revolving Fund for official reception and representation expenses.
(Sec. 120) This section requires Treasury to submit a capital investment plan to Congress.
(Sec. 121) This section requires Treasury to report to Congress on the Franchise Fund.
(Sec. 122) This section prohibits Treasury from using funds for certain regulations, revenue rulings, or other guidance related to the standard used to determine the tax-exempt status of a 501(c)(4) organization.
(Sec. 123) This section requires the Office of Financial Stability and the Office of Financial Research to report quarterly to Congress on their activities.
(Sec. 124) This section provides appropriations for expenses associated with digitization and distribution of Treasury's records of matured savings bonds that have not been redeemed.
TITLE II--EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE PRESIDENT
Executive Office of the President Appropriations Act, 2020
This title provides FY2020 appropriations to the Executive Office of the President and designated accounts, including
(Sec. 201) This section permits certain transfers of funds between accounts within the Executive Office of the President, subject to congressional approval and specified requirements.
(Sec. 202) This section requires the OMB to include a statement of budgetary impact with certain executive orders or Presidential memoranda issued or revoked by the President during FY2020.
(Sec. 203) This section requires the OMB to issue a memorandum to all federal departments, agencies, and corporations directing compliance with Title VII of this division, which includes government-wide general provisions.
TITLE III--THE JUDICIARY
Judiciary Appropriations Act, 2020
This title provides FY2020 appropriations to the judiciary for
(Sec. 301) This section permits funds provided by this title for salaries and expenses to be used for the employment of temporary or intermittent experts and consultants.
(Sec. 302) This section permits certain transfers of funds between judiciary accounts if Congress is notified and other specified requirements are met.
(Sec. 303) This section permits up to $11,000 of appropriations provided for salaries and expenses for Courts of Appeals, District Courts, and Other Judicial Services to be used for official reception and representation expenses of the Judicial Conference of the United States.
(Sec. 304) This section permits the delegation of authority to the judiciary for contracts for repairs that are under $100,000.
(Sec. 305) This section continues a pilot program for the U.S. Marshals Service to provide perimeter security services at selected courthouses.
(Sec. 306) This section extends several temporary judgeships.
TITLE IV--DISTRICT OF COLUMBIA
District of Columbia Appropriations Act, 2020
This title provides FY2020 appropriations to the District of Columbia, including federal payments for
The title also provides local funds for the operation of the District out of the General Fund of the District of Columbia.
TITLE V--INDEPENDENT AGENCIES
This title provides appropriations for independent agencies, including
The title requires the U.S. Postal Service to continue six day delivery and rural delivery of the mail at not less than the 1983 level.
(Sec. 501) This section prohibits the CPSC from using funds provided by this division to finalize, implement, or enforce the proposed Safety Standard for Recreational Off-Highway Vehicles until the National Academy of Sciences completes a specified study and the results are submitted to Congress.
(Sec. 510) This section extends the exemption from the Antideficiency Act for the Universal Service Fund.
(Sec. 511) This section prohibits the FCC from using funds provided by this division to change the rules for universal service support payments to implement recommendations of the Federal-State Joint Board on Universal Service regarding single connection or primary line restrictions.
(Sec. 520) This section permits the GSA to use funds to hire passenger motor vehicles.
(Sec. 521) This section permits funds in the Federal Buildings Fund made available for FY2020 to be transferred between activities if necessary to meet program requirements, subject to congressional approval.
(Sec. 522) This section requires the FY2021 budget request for U.S. Courthouse construction to (1) meet specified design guide standards for construction; (2) reflect the priorities of the Judicial Conference of the United States as set out in its approved Courthouse Project Priorities plan; and (3) include a standardized courtroom utilization study of each facility to be constructed, replaced, or expanded.
(Sec. 523) This section prohibits funds provided by this division from being used to increase square footage, provide cleaning services or security enhancements, or provide any other service usually provided through the Federal Buildings Fund for any agency that does not pay the assessed rent.
(Sec. 524) This section permits the GSA to use specified funds to pay claims against the federal government that are under $250,000 and arise from direct construction projects and building acquisitions if Congress is notified in advance.
(Sec. 525) This section requires the GSA, if specified congressional committees adopt a resolution granting lease authority pursuant to a prospectus transmitted to Congress by the GSA, to ensure that the delineated area of procurement matches the prospectus unless an explanatory statement is provided to the congressional committees prior to exercising the authority.
(Sec. 526) This section requires the GSA to submit a spending plan and explanation to Congress for each project funded with the Major Repairs and Alterations account and E-Government projects funded with the Federal Citizens Services Fund.
(Sec. 527) This section provides appropriations to the GSA to implement changes to the System for Award Management providing for the submission of authenticated certification.
(Sec. 530) This section requires the SEC to report to Congress on the Municipal Securities Rulemaking Board.
(Sec. 540) This section specifies authorities and restrictions for transferring specified funds provided by this division for the SBA.
(Sec. 541) This section allows the SBA to transfer specified funds to the SBA Information Technology System Modernization and Working Capital Fund authorized by the National Defense Authorization Act for Fiscal Year 2018.
TITLE VI--GENERAL PROVISIONS--THIS ACT
(Sec. 601) This section prohibits funds provided by this division from being used to pay the expenses of or otherwise compensate nonfederal parties intervening in regulatory or adjudicatory proceedings funded in this division.
(Sec. 602) This section prohibits funds provided by this division from being obligated beyond the current fiscal year or transferred to other appropriations unless authority is expressly provided by this division.
(Sec. 603) This section limits expenditures for consulting services to contracts where expenditures are a matter of public record, except where otherwise permitted under existing law or an executive order.
(Sec. 604) This section prohibits funds provided by this division from being transferred to any department, agency, or instrumentality of the U.S. government, except pursuant to transfer authority provided by an appropriations Act.
(Sec. 605) This section requires enforcement of a Tariff Act of 1930 provision barring the importation of goods manufactured using convict labor.
(Sec. 606) This section requires entities receiving funds provided by this division to comply with the Buy American Act.
(Sec. 607) This section prohibits the use of funds provided by this division by any person or entity convicted of violating the Buy American Act.
(Sec. 608) This section provides authority, restrictions, and requirements for reprogramming. It also requires agencies funded in this division to submit to Congress a report establishing a baseline for the application of reprogramming and transfer authorities.
(Sec. 609) This section permits up to 50% of unobligated balances remaining at the end of FY2020 for salaries and expenses to remain available through FY2021, subject to reprogramming guidelines and congressional approval.
(Sec. 610) This section prohibits the Executive Office of the President from using funds provided by this division to request either a Federal Bureau of Investigation background investigation or an IRS determination of tax-exempt status under section 501(a) of the Internal Revenue Code, except with the consent of the individual involved in an investigation or in extraordinary circumstances involving national security.
(Sec. 611) This section makes certain cost accounting standards inapplicable to contracts under the Federal Employees Health Benefits Program.
(Sec. 612) This section permits the OPM to accept and utilize (without regard to any restriction on unanticipated travel expenses imposed in an appropriations Act) funds provided to resolve litigation and implement any settlement agreements regarding the nonforeign area cost-of-living allowance program.
(Sec. 613) This section prohibits funds provided by this division from being used to pay for an abortion, or the administrative expenses in connection with any health plan under the Federal Employees Health Benefits Program that provides any benefits or coverage for abortions.
(Sec. 614) This section provides exceptions to the prohibition in section 613 if the life of the mother would be endangered if the fetus were carried to term, or the pregnancy is the result of an act of rape or incest.
(Sec. 615) This section waives Buy American Act restrictions for commercial information technology acquired by the federal government.
(Sec. 616) This section prohibits an officer or employee of any regulatory agency or commission funded by this division from accepting payments or reimbursements for travel, subsistence, or related expenses from a person or entity regulated by the agency or commission, subject to an exception for nonprofit tax-exempt organizations.
(Sec. 617) This section permits the Commodity Futures Trading Commission and the Securities and Exchange Commission to use funds for the interagency funding and sponsorship of a joint advisory committee on emerging regulatory issues.
(Sec. 618) This section requires agencies covered by this division to consult with the GSA before seeking new office space or making alterations to existing office space. It also permits any agency with authority to enter into an emergency lease to do so during any period declared by the President to require emergency leasing authority.
(Sec. 619) This section provides funds required under current law for
(Sec. 620) This section permits the Public Company Accounting Oversight Board to obligate specified funds to remain available until expended for the scholarship program established by the Sarbanes-Oxley Act of 2002.
(Sec. 621) This section prohibits the FTC from using funds provided by this division to complete the draft report titled Interagency Working Group on Food Marketed to Children: Preliminary Proposed Nutrition Principles to Guide Industry Self-Regulatory Efforts unless the working group complies with Executive Order 13563 (Improving Regulation and Regulatory Review).
(Sec. 622) This section requires agencies funded by this division to ensure that the Chief Information Officer of the agency has the authority to participate in budgeting decisions related to information technology. It also requires funding for information technology to be allocated consistent with guidance provided by appropriations Acts, OMB, and the agency's Chief Information Officer.
(Sec. 623) This section prohibits funds provided by this division from being used in contravention of the Federal Records Act.
(Sec. 624) This section prohibits funds provided by this division from being used to require providers of electronic communication or remote computing services to the public to disclose electronic communications information in a manner that violates the Fourth Amendment of the U.S. Constitution.
(Sec. 625) This section prohibits the FCC from making modifications to Universal Service Fund rules related to Mobility Fund Phase II.
(Sec. 626) This section requires departments and agencies funded by this division to provide an Inspector General (IG) funded by this division with timely access to records, documents, or other materials available to the department or agency over which the IG has responsibility. It also requires each IG to comply with specified statutory limitations on disclosure of the information provided.
(Sec. 627) This section prohibits funds provided by this division from being used to maintain or establish a computer network unless the network blocks pornography. It includes an exception for a law enforcement agency or other entity carrying out criminal investigations, prosecution, adjudication activities, or other law enforcement- or victim assistance-related activity.
(Sec. 628) This section prohibits funds provided by this division from being used to pay award or incentive fees for contractors whose performance is below satisfactory, behind schedule, over budget, or has failed to meet the basic requirements of a contract unless specified requirements are met.
(Sec. 629) This section specifies restrictions and congressional notification requirements for spending on conferences.
(Sec. 630) This section prohibits funds provided by this division from being used for first-class or business-class travel by employees of executive branch agencies, in contravention of specified regulations.
(Sec. 631) This section provides additional appropriations for the Inspectors General Council Fund for expenses related to http://www.oversight.gov.
(Sec. 632) This section rescinds specified unobligated balances from the SBA Business Loan Program Account.
(Sec. 633) This section prohibits funds provided by this division from being used for contracts for public relations that exceed $5,000 unless Congress is notified in advance.
(Sec. 634) This section prohibits the SEC from using funds provided by this division for any rule, regulation, or order regarding the disclosure of political contributions, contributions to tax-exempt organizations, or dues paid to trade associations.
(Sec. 635) This section prohibits funds provided by this division from being used for the sale of federal facilities associated with the Department of Homeland Security's Plum Island Animal Disease Center in New York.
TITLE VII--GENERAL PROVISIONS--GOVERNMENT-WIDE
(Sec. 701) This section requires U.S. departments, agencies, or instrumentalities to administer a written policy designed to ensure that workplaces are free from the illegal use, possession, or distribution of controlled substances by officers and employees.
(Sec. 702) This section establishes price limitations on vehicles purchased by the federal government and specifies exceptions.
(Sec. 703) This section permits appropriations for the current fiscal year to be used for quarters and cost-of-living allowances.
(Sec. 704) This section prohibits the employment of noncitizens whose posts of duty would be in the continental United States, subject to specified exceptions.
(Sec. 705) This section permits appropriations provided to any department or agency for necessary expenses such as maintenance and operating expenses to be used for payments to the GSA for space renovation and other services.
(Sec. 706) This section permits agencies to use receipts from the sale of certain materials through recycling or waste prevent programs for (1) acquisition, waste reduction and prevention, and recycling programs; (2) other federal agency environmental management programs; and (3) other employee programs as authorized by law or as deemed appropriate by the agency.
(Sec. 707) This section permits funds provided to certain government corporations and agencies for administrative expenses to be used to pay rent and other service costs in the District of Columbia.
(Sec. 708) This section prohibits interagency financing of boards (except Federal Executive Boards), commissions, councils, committees, or similar groups absent prior statutory approval.
(Sec. 709) This section prohibits funds from being used to implement, administer, or enforce any regulation which has been disapproved pursuant to a joint resolution.
(Sec. 710) This section prohibits spending more than $5,000 to redecorate or furnish the office of the head of a department or agency during the period in which the official holds office unless Congress is notified in advance.
(Sec. 711) This section permits interagency funding of national security and emergency preparedness telecommunications initiatives that benefit multiple federal departments, agencies, or entities.
(Sec. 712) This section requires agencies to certify that certain appointments were not created solely or primarily to detail an individual to the White House. It includes an exception for federal employees or members of the Armed Forces detailed to or from an element of the intelligence community.
(Sec. 713) This section prohibits the use of funds to prevent federal employees from communicating with Congress or to take disciplinary or personnel actions against employees for communicating with Congress.
(Sec. 714) This section prohibits funds from being used for certain types of employee training, such as training that is not directly related to the performance of official duties.
(Sec. 715) This section prohibits an agency of the executive branch from using funds for publicity or propaganda purposes and for the preparation or distribution of materials designed to support or defeat legislation pending before Congress.
(Sec. 716) This section prohibits an agency from providing a federal employee's home address to any labor organization absent employee authorization or a court order.
(Sec. 717) This section prohibits funds from being used to provide any nonpublic information such as mailing, telephone, or electronic mailing lists to any person or organization outside the federal government without approval of Congress.
(Sec. 718) This section prohibits funds from being used for propaganda and publicity purposes within the United States not authorized by Congress.
(Sec. 719) This section directs agency employees to use official time in an honest effort to perform official duties. It also specifies that employees not under a leave system are obligated to expend an honest effort and a reasonable proportion of their time to perform official duties.
(Sec. 720) This section permits agencies that are members of the Federal Accounting Standards Advisory Board (FASB) to use funds provided for the current fiscal year to finance an appropriate share of FASB administrative costs.
(Sec. 721) This section permits agencies to transfer funds to the GSA to support specified government-wide and multiagency activities that meet certain requirements and are approved by the OMB.
(Sec. 722) This section permits a woman to breastfeed her child at any location in a federal building or on federal property if the woman and child are authorized to be there.
(Sec. 723) This section permits interagency funding of the National Science and Technology Council and requires the OMB to provide a report describing the budget and resources connected with the council.
(Sec. 724) This section requires documents involving the distribution of federal funds to indicate the agency providing the funds and the amount provided.
(Sec. 725) This section prohibits the use of funds to monitor personal information relating to the use of federal internet sites, subject to specified exceptions.
(Sec. 726) This section prohibits the use of funds provided by this division for health plans with prescription drug coverage unless contraceptive coverage is included. It also (1) includes exemptions for certain religious plans, and (2) prohibits plans from discriminating against individuals who refuse to provide contraceptives due to religious beliefs or moral convictions.
(Sec. 727) This section specifies that the United States is committed to ensuring the health of its Olympic, Pan American, and Paralympic athletes and supports the strict adherence to anti-doping in sports through testing, adjudication, education, and research.
(Sec. 728) This section permits federal agencies and departments to use funds appropriated for official travel to participate in the fractional aircraft ownership pilot program, if consistent with OMB Circular A-126 regarding official travel for government personnel.
(Sec. 729) This section prohibits funds from being used to implement certain OPM regulations limiting executive branch detailees to the legislative branch or to implement limitations on the Coast Guard Congressional Fellowship Program.
(Sec. 730) This section prohibits agencies from using funds for additional federal law enforcement training facilities that are not within or contiguous to existing locations without the approval of Congress. The Federal Law Enforcement Training Center may obtain the temporary use of additional facilities for training which cannot be accommodated in existing facilities.
(Sec. 731) This section prohibits agencies from using funds to produce any prepackaged news story intended for broadcast or distribution in the United States, unless the story includes a notification that it was prepared or funded by the agency.
(Sec. 732) This section prohibits the use of funds in contravention of the Privacy Act or associated regulations.
(Sec. 733) This section prohibits the use of funds for contracts with any foreign incorporated entity that is an inverted domestic corporation. It also (1) requires a waiver if necessary for national security, and (2) includes an exemption for contracts entered into prior to enactment of this division and task orders issued pursuant to the contracts.
(Sec. 734) This section requires agencies to pay a fee to the OPM for processing retirements of employees who separate under Voluntary Early Retirement Authority or receive Voluntary Separation Incentive Payments.
(Sec. 735) This section bars the use of funds to recommend or require any entity submitting an offer for a federal contract to disclose specified political contributions as a condition of submitting the offer.
(Sec. 736) This section bars the use of funds for the painting of portraits of a federal officer or employee, including the President, the Vice President, a Member of Congress, or the head of an executive branch agency or legislative branch office.
(Sec. 737) This section limits pay increases for certain categories of prevailing rate employees.
(Sec. 738) This section requires agencies to submit annual reports to Inspectors General or senior ethics officials regarding the costs and contracting procedures for conferences that cost more than $100,000.
(Sec. 739) This section prohibits the use of funds to increase, eliminate, or reduce funding for a program, project, or activity, unless the changes have been enacted into law or made using transfer or reprogramming authority provided in an appropriations Act.
(Sec. 740) This section prohibits funds from being used for an OPM rule revising the definition of competitive area used in reductions-in-force for federal employees.
(Sec. 741) This section prohibits funds from being used to begin or announce a study or public-private competition regarding the conversion of functions performed by federal employees to contractor performance.
(Sec. 742) This section prohibits funds from being used to require contractors or employees to sign confidentiality agreements or statements restricting or prohibiting the reporting of waste, fraud, or abuse to investigative or law enforcement representatives.
(Sec. 743) This section prohibits the use of funds to implement or enforce a nondisclosure agreement unless it meets specified criteria.
(Sec. 744) This section prohibits the use of funds for specified transactions with any corporation with certain unpaid federal tax liabilities, unless an agency has considered suspension or debarment of the corporation and decided that further action is not necessary to protect the interests of the government.
(Sec. 745) This section prohibits the use of funds for specified transactions with any corporation that was convicted of a felony within the preceding 24 months, unless an agency has considered suspension or debarment of the corporation and decided that further action is not necessary to protect the interests of the government.
(Sec. 746) This section requires the Consumer Financial Protection Bureau to notify Congress of any request for a transfer of funds from the Federal Reserve Board.
(Sec. 747) This section requires the Office of Management and Budget to make specified adjustments to discretionary spending limits to account for estimating differences with the Congressional Budget Office.
(Sec. 748) This section provides a pay increase for federal employees.
(Sec. 749) This section limits pay increases for the Vice President and certain senior political appointees.
(Sec. 750) This section specifies that a reference to this Act does not apply to titles IV (District of Columbia) or VIII (General Provisions--District of Columbia) unless it is included in those titles or expressly provided for in this division.
TITLE VIII--GENERAL PROVISIONS--DISTRICT OF COLUMBIA
This title sets forth permitted and prohibited uses of funds appropriated by this division for the District of Columbia.
(Sec. 801) This section appropriates District of Columbia funds for making refunds and paying legal settlements or judgments against the District government.
(Sec. 802) This section prohibits federal funds provided by this division from being used for publicity or propaganda purposes or implementation of any policy including boycott designed to support or defeat legislation pending before Congress or any state legislature.
(Sec. 803) This section establishes reprogramming procedures for federal and local funds.
(Sec. 804) This section prohibits the use of federal funds for the salaries and expenses of shadow U.S. Representatives or Senators.
(Sec. 805) This section requires official vehicles provided to any District officer or employee to be used only for official duties.
(Sec. 806) This section prohibits the use of federal funds for a petition drive or civil action seeking voting representation in Congress for the District.
(Sec. 807) This section prohibits the use of federal funds provided by this division to distribute needles or syringes for preventing the spread of blood borne pathogens in any location that local public health or law enforcement authorities have determined to be inappropriate for distribution.
(Sec. 808) This section specifies that nothing in this division prevents the District Council or Mayor from addressing contraceptive coverage by health insurance plans. It also expresses the intent of Congress that legislation enacted on the issue should include a conscience clause providing exceptions for religious beliefs and moral convictions.
(Sec. 809) This section prohibits the use of federal funds provided by this division to legalize or otherwise reduce penalties for the possession, use, or distribution of any schedule I substance under the Controlled Substances Act or any tetrahydrocannabinols derivative (THC, the psychoactive component of marijuana).
The section also prohibits funds available to the District government under any authority from being used to legalize or reduce penalties for possession, use, or distribution of any schedule I substance under the Controlled Substance Act or any tetrahydrocannabinols derivative (THC, the psychoactive component of marijuana) for recreational purposes.
(Sec. 810) This section prohibits funds available to the District government under any authority from being used for any abortion except where the life of the mother would be endangered if the fetus were carried to term or where the pregnancy is the result of rape or incest.
(Sec. 811) This section requires the District Chief Financial Officer (CFO) to submit to Congress, the Mayor, and the Council a revised operating budget for agencies requiring a reallocation to address unanticipated changes in program requirements.
(Sec. 812) This section requires the CFO to submit to Congress, the Mayor, and the Council a revised operating budget for the District of Columbia Public Schools that aligns the school budget to actual enrollment.
(Sec. 813) This section permits the District to reprogram or transfer funds between operating funds and capital and enterprise funds. The District may not transfer or reprogram for operating expenses any funds derived from bonds, notes, or other obligations issued for capital projects.
(Sec. 814) This section prohibits federal funds from being obligated beyond the current fiscal year or transferred unless expressly permitted in this division.
(Sec. 815) This section permits up to 50% of unobligated balances available at the end of FY2020 from federal appropriations for salaries and expenses to remain available through FY2021, subject to congressional approval and reprogramming guidelines.
(Sec. 816) This section appropriates local funds to the District for FY2021 if no continuing resolution or regular appropriation for the District is in effect. It provides the funds under the same authorities, conditions, and manner as provided for FY2020.
(Sec. 817) This section provides that references to this Act in this title or title IV (District of Columbia) refer only to those titles, unless this Act expressly provides otherwise.
DIVISION D--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2020
Department of Homeland Security Appropriations Act, 2020
This division provides FY2020 appropriations for the Department of Homeland Security (DHS).
TITLE I--DEPARTMENTAL MANAGEMENT, OPERATIONS, INTELLIGENCE, AND OVERSIGHT
This title provides appropriation to DHS for
(Sec. 101) This section requires the Secretary of Homeland Security to submit a report to the DHS Office of Inspector General (OIG) listing all grants and contracts awarded during FY2019 and FY2020 without a full and open competition. The OIG must review the report for compliance with laws and regulations and submit the results to Congress.
(Sec. 102) This section requires the DHS Chief Financial Officer to submit monthly budget execution and staffing reports to Congress.
(Sec. 103) This section requires all DHS contracts that provide award fees to link the fees to successful acquisition outcomes specified in terms of cost, schedule, and performance.
(Sec. 104) This section requires DHS to notify Congress of proposed transfers from the Department of the Treasury Forfeiture Fund to any DHS agency and prohibits obligation of the funds until Congress approves the transfer.
(Sec. 105) This section requires all official costs for the use of government aircraft by DHS to support official travel of the Secretary and the Deputy Secretary to be paid from amounts made available for the Office of the Secretary.
(Sec. 106) This section establishes an Immigration Detention Ombudsman within DHS.
(Sec. 107) This section requires DHS to (1) submit to Congress a report on visa overstay data by country; and (2) publish on the DHS website the metrics developed to measure the effectiveness of security between the ports of entry, including the methodology and data supporting the measures.
TITLE II--SECURITY, ENFORCEMENT, AND INVESTIGATIONS
This title provides appropriations to U.S. Customs and Border Protection (CBP) for (1) Operations and Support; (2) and Procurement, Construction, and Improvements.
The title provides appropriations to U.S Immigration and Customs Enforcement (ICE) for (1) Operations and Support; (2) and Procurement, Construction, and Improvements.
The title provides appropriations to the Transportation Security Administration (TSA) for
The title provides appropriations to the U.S. Coast Guard for
The title provides appropriations to the Secret Service for
(Sec. 201) This section limits overtime compensation for employees of CBP, ICE, and the Secret Service except in individual cases that DHS determines to be necessary for national security purposes, to prevent excessive costs, or in cases of immigration emergencies.
(Sec. 202) This section permits specified CBP funds to be used for customs expenses when necessary to maintain operations and prevent adverse personnel actions in Puerto Rico.
(Sec. 203) This section provides that specified fees collected from passengers arriving from Canada, Mexico, or an adjacent island shall be available until expended.
(Sec. 204) This section permits the CBP to access certain reimbursements for preclearance activities.
(Sec. 205) This section prohibits the CBP from using funds provided by this division to prevent individuals from importing personal use quantities of certain prescription drugs from Canada.
(Sec. 206) This section prohibits funds from being used to waive navigation and vessel inspection laws for the transportation of crude oil distributed from the Strategic Petroleum Reserve until DHS takes adequate measures to ensure the use of U.S. flag vessels.
(Sec. 207) This section prohibits DHS from collecting new border crossing fees or conducting a study related to the imposition of a border crossing fee.
(Sec. 208) This section requires DHS to submit to Congress an expenditure plan for funds provided for the CBP Procurement, Construction, and Improvements account. The funds may not be obligated until the plan is submitted.
(Sec. 209) This section allocates CPB Procurement, Construction, and Improvements funding for
The section also specifies requirements for the design of the barrier system along the southwest border.
DHS must submit to Congress and the Government Accountability Office an updated risk-based plan for improving security along the borders of the United States that includes specified elements.
(Sec. 210) This section prohibits funds from used to construct fencing
(Sec. 211) This section permits funds provided by this division to be used to alter operations within the CBP's National Targeting Center. It also prohibits funds from being used to reduce anticipated or planned vetting operations at existing locations unless specifically authorized by a statute enacted after the enactment of this bill.
(Sec. 212) This section allocates CBP Operations and Support Funding for (1) humanitarian care; and (2) to address health, life, and safety issues at existing CBP facilities and for improved video recording capabilities. This section also allocates specified CBP Procurement, Construction, and Improvement funds for the development of an agency-wide electronic health records system.
(Sec. 213) This section permits DHS to reprogram and transfer funds within and into the ICE Operations and Support account as necessary to ensure the detention of aliens prioritized for removal.
(Sec. 214) This section prohibits funds provided for the ICE Operations and Support account from being used to continue a delegation of law enforcement authority authorized under specified provisions of the Immigration and Nationality Act if the DHS Inspector General determines that the terms of the agreement governing the delegation of authority have been materially violated.
(Sec. 215) This section prohibits ICE Operations and Support funds from being used to continue any contract for the provision of detention services if the two most recent overall performance evaluations received by the facility are less than adequate or the equivalent median score in any subsequent performance evaluation system. This section also requires the performance evaluations to be conducted by the ICE Office of Professional Responsibility.
(Sec. 216) This section prohibits DHS from using funds to place in detention or remove sponsors, potential sponsors, or members of the household of a sponsor or potential sponsor of unaccompanied children based on information provided by the Department of Health and Human Services except when a background check reveals specified information.
(Sec. 217) This section requires ICE to report to Congress regarding agreements entered into under the 287(g) program, which allows ICE to enter into agreements with state and local law enforcement agencies that permit designated officers to perform certain immigration law enforcement functions.
(Sec. 218) This section requires ICE to make available to the public a report that includes specified statistics regarding individuals who have been detained by ICE.
(Sec. 219) This section prohibits the TSA from exempting Members of Congress and specified federal officials from federal passenger and baggage screening.
(Sec. 220) This section requires any award by the TSA to deploy explosives detection systems to be based on risk, the airport's current reliance on other screening solutions, lobby congestion resulting in increased security concerns, high injury rates, airport readiness, and increased cost effectiveness.
(Sec. 221) This section permits the TSA to use funds from the Aviation Security Capital Fund for the procurement and installation of explosives detection systems or for the issuance of other transaction agreements to fund certain airport security improvement projects authorized under current law.
(Sec. 222) This section prohibits the TSA from using funds to require airport operators to provide airport-financed staffing to monitor exit points from the sterile area of any airport at which the TSA provided monitoring as of December 1, 2013.
(Sec. 223) This section requires the TSA to submit to Congress a report regarding a Capital Investment Plan, a five-year technology investment plan, and Advanced Integrated Passenger Screening Technologies.
(Sec. 224) This section prohibits funds provided by this division for Coast Guard Operations and Support from being used for recreational vessel expenses, except to the extent fees are collected from owners of yachts and credited to the account.
(Sec. 225) This section permits specified funds to be reprogrammed to or from the Military Pay and Allowances funding category within the Coast Guard Operations and Support account.
(Sec. 226) This section requires the Coast Guard to submit to Congress a future-years capital investment plan.
(Sec. 227) This section permits funds provided to the Coast Guard Operations and Support account for Overseas Contingency Operations/ Global War on Terrorism to be allocated by program, project, and activity, notwithstanding the reprogramming and transfer requirements included in section 503 of this division.
(Sec. 228) This section prohibits funds provided by this division from being used to reduce the Coast Guard's Operating Systems Center mission or the Coast Guard's government-employed or contract staff levels.
(Sec. 229) This section prohibits funds provided by this division from being used to conduct, or to implement the results of, a competition under Office of Management and Budget Circular A-76 for activities performed with respect to the Coast Guard National Vessel Documentation Center.
(Sec. 230) This section permits funds provided by this division to be used to alter operations within the Coast Guard's Civil Engineering Program, except that no funds may be used to reduce operations within any civil engineering unit unless specifically authorized by a statute enacted after this division is enacted.
(Sec. 231) This section allows the Coast Guard to use other appropriations to make death gratuity payments if appropriations from the Coast Guard Operations and Support account are unavailable for the payments.
(Sec. 232) This section reclassifies receipts for the Coast Guard Housing Fund as discretionary offsetting receipts. This allows the receipts to be treated as negative budget authority or outlays that may be used to offset spending for budget enforcement purposes.
(Sec. 233) This section permits the Secret Service to obligate funds in anticipation of reimbursements from executive agencies for personnel receiving training sponsored by the James J. Rowley Training Center, except that total obligations at the end of the fiscal year may not exceed budgetary resources available for the Operations and Support account.
(Sec. 234) This section prohibits the Secret Service from using funds for the protection of the head of a federal agency other than the Secretary of Homeland Security, except where it has entered into an agreement to provide the protection on a fully reimbursable basis.
(Sec. 235) This section permits the Secret Service to reprogram specified funds within the Operations and Support account.
(Sec. 236) This section permits funds provided to the Secret Service for Operations and Support to be used for travel of employees on protective missions without regard to limitations on the expenditures if Congress is notified in advance.
TITLE III--PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
This title provides appropriations to the Cybersecurity and Infrastructure Security Agency for
The title provides appropriations to the Federal Emergency Management Agency (FEMA) for
(Sec. 301) This section limits expenses for the administration of FEMA grants.
(Sec. 302) This section specifies time frames for FEMA grant applications and awards.
(Sec. 303) This section requires FEMA to brief Congress in advance of announcing the intention to award certain grants.
(Sec. 304) This section specifies that, for the purpose of certain FEMA grants, the installation of communications towers is not considered construction of a building or other physical facility.
(Sec. 305) This section extends and modifies reporting requirements for expenditures from FEMA's Disaster Relief Fund.
(Sec. 306) This section permits DHS to waive specified requirements of the Federal Fire Prevention and Control Act of 1974 when making Firefighter Assistance Grants.
(Sec. 307) This section provides for the receipt and expenditure of fees collected for the Radiological Emergency Preparedness Program.
TITLE IV--RESEARCH, DEVELOPMENT, TRAINING, AND SERVICES
This title provides appropriations for U.S. Citizenship and Immigration Services (USCIS) for (1) Operations and Support, and (2) Federal Assistance.
The title provides appropriations to the Federal Law Enforcement Training Centers (FLETCs) for (1) Operations and Support; and (2) Procurement, Construction, and Improvements.
The title provides appropriations for the Science and Technology Directorate for (1) Operations and Support, and (2) Research and Development.
The title provides appropriations for the Countering Weapons of Mass Destruction Office for
(Sec. 401) This section permits the USCIS to (1) acquire, operate, equip, and dispose of up to five vehicles, for replacement only, for areas where the General Services Administration does not provide vehicles for lease; and (2) authorize employees who are assigned to those areas to use the vehicles to travel between their residences and places of employment.
(Sec. 402) This section prohibits funds provided by this division from being used for a competition for services provided by USCIS employees known as Immigration Information Officers, Immigration Service Analysts, Contact Representatives, Investigative Assistants, or Immigration Services Officers.
(Sec. 403) This section requires the USCIS to make publicly available a report containing specified data regarding determinations that aliens have a credible or reasonable fear of persecution or torture.
(Sec. 404) This section permits FLETCs to distribute funds to federal law enforcement agencies for expenses incurred participating in training accreditation.
(Sec. 405) This section directs the Federal Law Enforcement Training Accreditation Board to lead the federal law enforcement training accreditation process to measure and assess federal law enforcement training programs, facilities, and instructors.
(Sec. 406) This section allows the FLETCs to accept certain transfers of funds from government agencies requesting the construction of special use facilities. The FLETCs must maintain administrative control and ownership upon completion of the facilities.
(Sec. 407) This section classifies the functions of the FLETC instructor staff as inherently governmental (rather than commercial, which would require source competition) for the purposes of the Federal Activities Inventory Reform Act of 1998.
TITLE V--GENERAL PROVISIONS
(Sec. 501) This section prohibits appropriations provided by this division from remaining available for obligation beyond the current fiscal year unless the authority is expressly provided by this division.
(Sec. 502) This section permits unexpended balances of prior appropriations to be transferred and merged to new accounts and used for the same purpose, subject to reprogramming guidelines.
(Sec. 503) This section sets forth restrictions, guidelines, and requirements for the reprogramming and transfer of funds provided by this division.
(Sec. 504) This section extends the authority for the DHS Working Capital Fund.
(Sec. 505) This section permits up to 50% of the unobligated balances from each Operations and Support appropriation to remain available through FY2021, subject to the congressional notification requirements included in section 503.
(Sec. 506) This section deems funds provided by this division for intelligence activities to be specifically authorized during FY2020 until the enactment of an Act authorizing intelligence activities for FY2020.
(Sec. 507) This section requires DHS to notify Congress prior to executing or announcing certain grant allocations, grant awards, contract awards, task or delivery orders, other transaction agreements, or letters of intent. A waiver is permitted if compliance would pose a substantial risk to human life, health, or safety and DHS notifies Congress after the award is made.
(Sec. 508) This section prohibits any agency from purchasing, constructing, or leasing any additional facilities, except within or contiguous to existing locations, for federal law enforcement training without notifying Congress in advance. FLETCs may obtain the temporary use of additional facilities for training that cannot be accommodated in existing facilities.
(Sec. 509) This section prohibits funds provided by this division from being used for a construction, repair, alteration, or acquisition project for which a required prospectus has not been approved.
(Sec. 510) This section applies provisions of the Department Homeland Security Appropriations Act, 2008 related to a contracting officer's technical representative training, disclosure of sensitive security information, and minimum federal fleet requirements to funds provided by this division.
(Sec. 511) This section prohibits funds provided by this division from being used in contravention of the Buy American Act.
(Sec. 512) This section prohibits funds provided by this division from being used to amend the oath of allegiance required by the Immigration and Nationality Act.
(Sec. 513) This section prohibits DHS from using funds provided by this division to carry out a reorganization unless it is explicitly authorized by Congress.
(Sec. 514) This section prohibits funds provided by this division from being used for a national identification card.
(Sec. 515) This section prohibits officials from delegating this division's requirements to report or certify to Congress unless specifically authorized by this division.
(Sec. 516) This section prohibits funds from being used to transfer or release individuals detained at U.S. Naval Station, Guantanamo Bay, Cuba, to or within the United States, its territories, or its possessions.
(Sec. 517) This section prohibits funds provided by this division from being used for first-class travel by employees of agencies funded by the division.
(Sec. 518) This section prohibits the use of funds provided by this division to employ workers who are illegal workers under the Immigration and Nationality Act.
(Sec. 519) This section prohibits funds provided by this division from being used to pay award or incentive fees for contractor performance that is below satisfactory or fails to meet the basic requirements of a contract.
(Sec. 520) This section prohibits DHS from entering into contracts that do not meet requirements of specified contracting laws and regulations.
(Sec. 521) This section prohibits funds provided by this division from being used for a computer network unless pornography is blocked, with exceptions for law enforcement, prosecution, or adjudication activities.
(Sec. 522) This section prohibits a federal law enforcement officer from using funds provided by this division to transfer a firearm to an agent of a drug cartel unless U.S. law enforcement personnel continuously monitor or control the firearm.
(Sec. 523) This section sets forth restrictions and reporting requirements for the use of funds provided by this division to attend international conferences.
(Sec. 524) This section prohibits funds provided by this division from being used to reimburse any federal department or agency for participation in a National Special Security Event.
(Sec. 525) This section prohibits funds from being used for structural pay reform that affects more than 100 full-time employee positions or costs more than $5 million in a single year without notifying Congress in advance.
(Sec. 526) This section requires agencies receiving funds in this division to post reports required to be submitted to Congress on the public website of the agency if it serves the national interest, subject to exceptions for national security or proprietary information.
(Sec. 527) This section permits funds provided by this division for Operations and Support to be used for minor procurement, construction, and improvements (end items with a unit cost of $250,000 or less for personal property and $2 million or less for real property).
(Sec. 528) This section prohibits funds provided by this division from being used to implement the Arms Trade Treaty until it is ratified by the Senate.
(Sec. 529) This section permits DHS to use funds for the primary and secondary schooling (including transportation) of dependents of DHS personnel who are stationed outside of the continental United States in certain areas where the available schools are unable to provide adequately for the education of the dependents.
(Sec. 530) This section provides appropriations to FEMA to reimburse extraordinary law enforcement personnel costs for protection activities directly and demonstrably associated with any residence of the President that is designated or identified to be secured by the Secret Service.
(Sec. 531) This section extends and modifies transaction authority for certain DHS research and development projects.
(Sec. 532) This section prohibits funds provided by this division from being used to (1) prevent a Member of Congress or certain congressional employees from entering, for the purpose of conducting oversight, any DHS facility used to detain or otherwise house aliens; or (2) make any temporary modification to such a facility that alters what is observed by a visiting Member of Congress of congressional employee, compared to what would be observed without the modification.
(Sec. 533) This section prohibits funds provided by this division from being used to place restraints on a woman who is in DHS custody and is pregnant or in post-delivery recuperation, except in specified circumstances.
(Sec. 534) This section prohibits funds provided by this division from being used to destroy any document, recording, or other record pertaining to any potential sexual assault or abuse perpetrated against any individual held in the custody of DHS.
(Sec. 535) This section prohibits funds provided by this division from being used for any position designated as a Principal Federal Official during a Stafford Act declared disaster or emergency unless certain requirements are met.
(Sec. 536) This section provides, that within 60 days of submitting a budget proposal for FY2020 that assumes revenues or proposes a reduction from the previous year based on user fees proposals that have not been enacted into law prior to the submission of the budget, DHS must submit to Congress spending reductions to offset revenues assumed in the proposals if they are not enacted.
(Sec. 537) This section rescinds specified unobligated balances of funds that were provided to CBP by the Emergency Supplemental Appropriations for Humanitarian Assistance and Security at the Southern Border Act, 2019.
(Sec. 538) This section rescinds specified unobligated balances from various DHS accounts.
(Sec. 539) This section rescinds specified unobligated balances from various DHS accounts.
(Sec. 540) This section rescinds specified unobligated balances from the FEMA Disaster Relief Fund.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 62.
Became Public Law No: 116-94.
Placed on the Union Calendar, Calendar No. 59.
Received in the Senate and Read twice and referred to the Committee on Appropriations.
Motion to reconsider laid on the table Agreed to without objection.
Message on House action received in Senate and at desk: House amendment to Senate amendment.
Measure laid before Senate by unanimous consent. (consideration: CR S7088-7089)
Motion by Senator McConnell to concur in the House amendment to the Senate amendment to H.R. 1158 made in Senate. (CR S7088)
Cloture motion on the motion to concur in the House amendment to the Senate amendment to H.R. 1158 presented in Senate. (CR S7088)
Motion by Senator McConnell to concur in the House amendment to the Senate amendment to H.R. 1158 with an amendment (SA 1263) made in Senate. (CR S7088)
Motion by Senator McConnell to refer to Senate Committee on Appropriations the House message to accompany H.R. 1158 with instructions to report back forthwith with the following amendment (SA 1265) made in Senate. (CR S7088)
Considered by Senate. (consideration: CR S7192-7193)
Cloture on the motion to concur in the House amendment to the Senate amendment to H.R. 1158 invoked in Senate by Yea-Nay Vote. 77 - 16. Record Vote Number: 427. (CR S7192)
Roll Call #427 (Senate)Enacted as Public Law 116-93
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Placed on the Union Calendar, Calendar No. 139.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 205.
Committee on Appropriations Senate Subcommittee on Financial Services and General Government. Hearings held. With printed Hearing: S.Hrg. 116-481.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 229.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 231.
Became Public Law No: 116-69.
Message on Senate action sent to the House.
Motion by Senator McConnell to refer to Senate Committee on Appropriations the House message to accompany H.R. 1158 with instructions to report back forthwith with the following amendment (SA 1265) fell when cloture invoked on the motion to concur in the House amendment to the Senate amendment to H.R. 1158 in Senate.
Motion by Senator McConnell to concur in the House amendment to the Senate amendment to H.R. 1158 with an amendment (SA 1263) withdrawn in Senate by Unanimous Consent.
Resolving differences -- Senate actions: Senate agreed to the House amendment to the Senate amendment to H.R. 1185 by Yea-Nay Vote. 81 - 11. Record Vote Number: 428.
Roll Call #428 (Senate)Senate agreed to the House amendment to the Senate amendment to H.R. 1185 by Yea-Nay Vote. 81 - 11. Record Vote Number: 428.
Roll Call #428 (Senate)Message on Senate action sent to the House.
Presented to President.
Presented to President.
Signed by President.
Signed by President.
Became Public Law No: 116-93.
Became Public Law No: 116-93.